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04 24 2024 Council Meeting MinutesV1T ivnship q Proud Heritage, Exciting Future Wednesday, April 24, 2024 The Township of Oro-Medonte Council Meeting Minutes Electronic Hybrid Meeting 2022-2026 Council Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard (arrived @ 2:35 p.m.) Councillor David Clark Councillor Richard Schell Councillor Robert Young 2:30 p.m. Staff Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Present: Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Nelly Morrow, Director, Finance/Chief Financial Officer; Tamara Obee, Director, Human Resources; Brent Spagnol, Director, Development Services; Michelle Jakobi, Director, Environmental Services; Justin Metras, Manager, Infrastructure and Capital Projects; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) All Council and staff participated via Zoom platform. 1. Call to Order - Reading of Land Acknowledgement: Mayor Greenlaw assumed the Chair at the above noted time and called the meeting to order followed by the reading of the Land Acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [0-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the Page 1 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. C240424-1 Moved by Schell, Seconded by Hutcheson Be it resolved that the agenda for the Council meeting of Wednesday, April 24, 2024 be received and adopted, as amended, to add as Item 12 a) ES2024-06, Michelle Jakobi, Director, Environmental Services re: User Fee Streetlights, Exemption from Taxation By - Law. Carried. Motion No. C240424-2 Moved by Young, Seconded by Lavoie Be it resolved that Rule 14.20a), as per the Procedural By-law No. 2023-043, be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement, if necessary. Carried. 3. Disclosure of Pecuniary Interest: Councillor Schell declared a conflict of interest on Item 4c) Robin Dunn, CAO re: Solicitor - client privilege; Litigation affecting the municipality (Short Term Rentals (STR)). Councillor Schell submitted the following: I have owned and operated a B&B now referred to an STR. Mayor Greenlaw declared a conflict of interest on Item 16a) Correspondence from Lisa Groves, Barrie Automotive Flea Market (BAFM) re: Request to Designate Events as "Municipally Significant" June 6-9, 2024, 40th Annual Spring Barrie Automotive Flea Market and September 5-9, 2024, 53rd Annual Fall Barrie Automotive Flea Market. Mayor Greenlaw submitted the following: I provide the ATM services for Lisa Groves the organizers of these event. Page 2 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C240424-3 Moved by Hutcheson, Seconded by Young Be it resolved that we do now go in Closed Session at 2:34 p.m. to discuss • Litigation affecting the municipality; Solicitor -client privilege (Cannabis, Short Term Rentals (STR's)); • Proposed or Pending Acquisition or Disposition of Land by the Municipality or Local Board (Decommissioned Fire Halls - 1904 Old Barrie Road East (Rugby), 375 Line 11 South (Hawkestone)). Carried. b) Motion to Rise and Report. Motion No. C240424-4 Moved by Lavoie, Seconded by Hutcheson Be it resolved that we do now Rise at 3:07 p.m. and Report on the Closed Session Items 4 c) Robin Dunn, CAO, Laura Dean and Chris Williams, Aird & Berlis LLP re: Litigation affecting the municipality; Solicitor -client privilege (Cannabis, Short Term Rentals (STR's)); d) Yvonne Aubichon, Clerk, Blair Smith and Tim Hewitt, Smith & Hewitt Real Estate Team re: Proposed or Pending Acquisition or Disposition of Land by the Municipality or Local Board (Decommissioned Fire Halls - 1904 Old Barrie Road East (Rugby), 375 Line 11 South (Hawkestone)). Carried. Page 3 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. c) Robin Dunn, CAO, Chris Williams and Laura Dean, Aird & Berlis LLP re: Litigation affecting the municipality; Solicitor -client privilege (Cannabis, Short Term Rentals (STR's)). Councillor Schell declared a conflict of interest on Item 4c) Robin Dunn, CAO re: Solicitor - client privilege; Litigation affecting the municipality (Short Term Rentals (STR)). Councillor Schell submitted the following: I have owned and operated a B&B now referred to an STR. Councillor Schell left the room and did not discuss or vote on this item. The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Brent Spagnol, Director, Development Services; Chris Williams and Laura Dean, Aird & Berlis LLP. Motion No. C240424-5 Moved by Bard, Seconded by Clark Be it resolved 1. That the confidential correspondence dated April 22, 2024 and presented by Robin Dunn, CAO, Chris Williams and Laura Dean, Aird & Berlis LLP re: Litigation affecting the municipality; Solicitor -client privilege (Cannabis) be received. 2. That staff and legal counsel proceed as directed by Council. Carried. Motion No. C240424-6 Moved by Clark, Seconded by Hutcheson Be it resolved 1. That the confidential correspondence dated April 22, 2024 and presented by Robin Dunn, CAO, Chris Williams and Laura Dean, Aird & Berlis LLP re: Litigation affecting the municipality; Solicitor -client privilege (Short Term Rentals (STR's)) be received. 2. That staff and legal counsel proceed as directed by Council. Carried. Page 4 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. d) Yvonne Aubichon, Clerk, Blair Smith and Tim Hewitt, Smith & Hewitt Real Estate Team re: Proposed or Pending Acquisition or Disposition of Land by the Municipality or Local Board (Decommissioned Fire Halls - 1904 Old Barrie Road East (Rugby), 375 Line 11 South (Hawkestone)). The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Ralph Dominelli, Executive Staff Officer/Fire Chief. Motion No. C240424-7 Moved by Hutcheson, Seconded by Young Be it resolved 1. That the confidential verbal information presented by Yvonne Aubichon, Clerk re: Proposed or Pending Acquisition or Disposition of Land by the Municipality or Local Board (Decommissioned Fire Halls - 1904 Old Barrie Road East (Rugby), 375 Line 11 South (Hawkestone)) be received. 2. That staff proceed as directed by Council. Carried. 5. Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday, April 10, 2024. Motion No. C240424-8 Moved by Clark, Seconded by Schell Be it resolved that the draft minutes of the Council meeting held on Wednesday, April 10, 2024 be received and adopted as printed and circulated. 6. Recognition of Achievements: None. 7. Public Meetings: None. 9. Identification From the Public of an Agenda Item of Interest: None. Carried. Page 5 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. 10. Open Forum: None. 11. Reports of Municipal Officers for Action: b) OCS2024-14, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS RFT24-005 Sugarbush Drainage Improvements. Motion No. C240424-9 Moved by Schell, Seconded by Lavoie Be it resolved 1. That OCS2024-14, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS RFT24-005 Sugarbush Drainage Improvements be received and adopted. 2. That Tender OCS RFT24-005 Sugarbush Drainage Improvements be awarded to KJ Excavating Inc. in the amount of $1,858,354.00 plus HST. 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township. Carried. c) ES2024-04, Michelle Jakobi, Director, Environmental Services re: Award for ES- RFQ2024-011, Supply & Delivery of One (1) Full Size 1/2 Ton 4WD Crew Cab Pick Up Truck. Motion No. C240424-10 Moved by Young, Seconded by Clark Be it resolved 1. That ES2024-04, Michelle Jakobi, Director, Environmental Services re: Award for ES- RFQ2024-011, Supply & Delivery of One (1) Full Size 1/2 Ton 4WD Crew Cab Pick Up Truck be received and adopted. 2. That ES-RFQ2024-011, Supply & Delivery of One (1) Full Size 1/2 Ton 4WD Crew Cab Pick Up Truck be awarded to Jim Wilson Chevrolet Buick GMC in the amount of $55,000.00 plus HST. 3. That the Director, Environmental Services be authorized to execute the appropriate agreement on behalf of the Township. 4. That the bidders be thanked and notified under the Director, Environmental Services' signature. Carried. Page 6 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. d) ES2024-05, Michelle Jakobi, Director, Environmental Services re: Horseshoe Zone 1 Drinking Water Integration Fee Review. Motion No. C240424-11 Moved by Lavoie, Seconded by Schell Be it resolved 1. That ES2024-05, Michelle Jakobi, Director, Environmental Services re: Horseshoe Zone 1 Drinking Water Integration Fee Review be received and adopted. 2. That the Director, Environmental Services authorize KPMG LLP to complete the Horseshoe Zone 1 Drinking Water Integration Fee review in accordance with their quoted upset amount of $25,000.00 plus HST. 3. That the Horseshoe Zone 1 Drinking Water Integration project be paused pending fee review. Carried. e) FES2024-02, Ralph Dominelli, Executive Staff Officer/Fire Chief re: Award for FES- RFP24-010 for the Supply and Delivery of One (1) Fire Pumper Truck. Motion No. C240424-12 Moved by Clark, Seconded by Hutcheson Be it resolved 1. That FES2024-02, Ralph Dominelli, Executive Staff Officer/Fire Chief re: Award for FES- RFP24-010 for the Supply and Delivery of One (1) Fire Pumper Truck be received and adopted. 2. That FES-RFP24-010, Supply, and Delivery of One (1) Pumper Truck be awarded to Dependable Emergency Vehicles in the amount of $947,476 plus HST and that a $20,000 contingency fund be allotted. 3. That the Executive Staff Officer/Fire Chief be authorized to execute the appropriate agreement on behalf of the Township. 4. That the bidders be thanked and notified under the Executive Staff Officer/Fire Chief signature. Carried. Page 7 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. f) FI2024-05, Nelly Morrow, Director, Finance/Chief Financial Officer re: 2023 Audit Planning Report. Motion No. C240424-13 Moved by Schell, Seconded by Young Be it resolved 1. That F12024-05, Nelly Morrow, Director, Finance/Chief Financial Officer re: 2023 Audit Planning Report be received and adopted. 2. That the Mayor and Deputy Mayor execute the Audit Planning Report for the year ending December 31, 2023 on behalf of Council. 3. That the Municipal Audit Firm, Baker Tilly KDN LLP be appointed and advised of Council's decision under the Director of Finance/Chief Financial Officer signature. Carried. g) F12024-06, Nelly Morrow, Director, Finance/Chief Financial Officer re: 2024 Final Tax Levy [Refer to Item 18a)]. Motion No. C240424-14 Moved by Bard, Seconded by Lavoie Be it resolved 1. That F12024-06, Nelly Morrow, Director, Finance/Chief Financial Officer re: 2024 Final Tax Levy be received and adopted. 2. That the applicable Tax Rate By-law 2024-044, A By-law to adopt the estimates of all amounts required during the year and for levying the tax rates for the year 2024 be enacted. 3. That the Director, Finance / Chief Financial Officer be authorized and directed to do all things necessary to give effect to this resolution. Carried. 12. Reports of Municipal Officers for Information Only: a) ES2024-06, Michelle Jakobi, Director, Environmental Services re: User Fee Streetlights, Exemption from Taxation By -Law. Motion No. C240424-15 Moved by Young, Seconded by Schell Be it resolved that the report, as listed under Item #12, Reports of Municipal Officers for Information Only, be received: a) ES2024-06, Michelle Jakobi, Director, Environmental Services re: User Fee Streetlights, Exemption from Taxation By -Law. Carried. Page 8 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. 13. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. The following members of Council provided updates: Councillor Schell. 14. Announcements: The following members of Council provided Announcements: Mayor Greenlaw. 15. Consent Agenda: a) Correspondence dated April 10, 2024 from Ministry of Municipal Affairs and Housing re: Minister's Zoning Order Ontario Regulation 609/20 in the Township of Oro-Medonte. Staff Recommendation: Receive for Information Only. b) Correspondence dated April 8, 2024 from Orillia Public Library re: Township of Oro- Medonte Statistics: March 2024. Staff Recommendation: Receive for Information Only. c) Correspondence dated April 8, 2024 from Severn Sound Environmental Association re: Great Lakes and St. Lawrence Cities. Join us in Montreal this May as we begin to transform our region into the Blue -Green Corridor. Staff Recommendation: Receive for Information Only. Motion No. C240424-16 Moved by Young, Seconded by Bard Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Correspondence dated April 10, 2024 from Ministry of Municipal Affairs and Housing re: Minister's Zoning Order Ontario Regulation 609/20 in the Township of Oro-Medonte. Received for Information Only. b) Correspondence dated April 8, 2024 from Orillia Public Library re: Township of Oro- Medonte Statistics: March 2024. Received for Information Only. c) Correspondence dated April 8, 2024 from Severn Sound Environmental Association re: Great Lakes and St. Lawrence Cities. Join us in Montreal this May as we begin to transform our region into the Blue -Green Corridor. Received for Information Only. Carried. Page 9 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. 16. Communications/Petitions: a) Correspondence dated April 4, 2024 from Lisa Groves, Barrie Automotive Flea Market (BAFM) re: Request to Designate Events as "Municipally Significant" June 6-9, 2024, 40th Annual Spring Barrie Automotive Flea Market and September 5-9, 2024, 53rd Annual Fall Barrie Automotive Flea Market. Mayor Greenlaw declared a conflict of interest on Item 16a) Correspondence from Lisa Groves, Barrie Automotive Flea Market (BAFM) re: Request to Designate Events as "Municipally Significant" June 6-9, 2024, 40th Annual Spring Barrie Automotive Flea Market and September 5-9, 2024, 53rd Annual Fall Barrie Automotive Flea Market. Mayor Greenlaw submitted the following: I provide the ATM services for Lisa Groves the organizers of these event. Mayor Greenlaw exited the Chair and did not discuss or vote on this item. Deputy Mayor Lavoie assumed the Chair. Motion No. C240424-17 Moved by Hutcheson, Seconded by Clark Be it resolved 1. That correspondence dated April 4, 2024 from Lisa Groves, Barrie Automotive Flea Market (BAFM) re: Request to Designate Events as "Municipally Significant" June 6-9, 2024, 40th Annual Spring BAFM and September 5-9, 2024, 53rd Annual Fall BAFM be received. 2. That Council designates the following events to be "municipally significant": a) June 6-9, 2024, 40th Annual Spring BAFM and b) September 5-9, 2024, 53rd Annual Fall BAFM. 3. That the applicant be advised of Council's decision, under the Mayor's signature, to assist in their application to the Alcohol Gaming Commission of Ontario (AGCO). Mayor Greenlaw assumed the Chair. Carried. Page 10 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. 18. By -Laws: a) 2024-044: A By-law to adopt the estimates of all amounts required during the year and for levying the tax rates for the year 2024. Motion No. C240424-18 Moved by Schell, Seconded by Young Be it resolved that By -Law No. 2024-044 a) 2024-044: A By-law to adopt the estimates of all amounts required during the year and for levying the tax rates for the year 2024. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. 17. Notice of Motions: None. 19. Closed Session Items (Unfinished Items): None. Council recessed at 3:40 p.m. and reconvened at 4:43 p.m. Carried. Page 11 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. 16. Communications/Petitions: b) Ewart O'Dwyer, Integrity Commissioner (I.C.) re: Written Report. John Ewart presented Items 16a) and b) via Zoom. Motion No. C240424-19 Moved by Lavoie, Seconded by Young Be it resolved 1. That the report dated April 19, 2024 from John Ewart, Ewart O'Dwyer, Integrity Commissioner (I.C.) re: Written Report be received and adopted. 2. That Council supports the recommendations outlined in the Integrity Commissioner's Report as follows: a. The member be subject to a reprimand; b. That the Treasurer be directed to suspend pay for fifteen (15) days of compensation pay for the member of Council commencing with the next pay period following the passing of this resolution. c. That the member be provided with a copy of this report and that the Member review the Code of Conduct and in light of the findings of this report. d. That the member, to the extent possible, avoid any further reference to the Factum as a decision of the Divisional Court, having any legal force and effect on the operations of short term rentals within the Township of Oro-Medonte. c) Ewart O'Dwyer, Integrity Commissioner (I.C.) re: Verbal Report. Motion No. C240424-20 Moved by Lavoie, Seconded by Schell Be it resolved that the verbal information from John Ewart, Ewart O'Dwyer, Integrity Commissioner (I.C.) re: Verbal Report be received. Carried. Carried. Page 12 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. 8. Deputations/Presentations: a) Deputation by Terry Ruffell and Todd Vanzuilekom re: Recommendations for Improvements to Horseshoe Valley Memorial Park and Feasibility Study to Consider Artificial Ice. Council consented to allow the deputation to proceed past the ten (10) minutes. Motion No. C240424-21 Moved by Clark, Seconded by Bard Be it resolved that the deputation provided by Terry Ruffell and Todd Vanzuilekom re: Recommendations for Improvements to Horseshoe Valley Memorial Park and Feasibility Study to Consider Artificial Ice be received and referred to staff for a report back to Council. Carried. b) Presentation by Sid Vander Veen, P. Engineer, R.J. Burnside and Associates re: Overview of the Drainage Act [Refer to Item 11 a]. Motion No. C240424-22 Moved by Bard, Seconded by Schell Be it resolved that the presentation provided by Sid Vander Veen, P. Engineer, R.J. Burnside and Associates re: Overview of the Drainage Act be received and considered in conjunction with Item 11 a). Carried. 11. Reports of Municipal Officers for Action: a) OCS2024-15, Justin Metras, Drainage Superintendent re: Appointment of an Engineer for Municipal Drain No. 7 and Presentation by Sid Vander Veen, R.J. Burnside and Associates re: Drainage Act R.S.O. 1990, Municipal Drains and the Legislative Processes. Motion No. C240424-23 Moved by Bard, Seconded by Hutcheson Be it resolved 1. That OCS2024-15, Justin Metras, Drainage Superintendent re: Appointment of an Engineer for Municipal Drain No. 7 be received and adopted. 2. That R.J. Burnside & Associates Limited be appointed as the Municipal Drain 7 Engineer to prepare a report and maintenance requirements under Section 78 of the Drainage Act, R.S.O. 1990 following the (30) day notification to the Nottawasaga Valley Conservation Authority (NVCA) as required by the Act. 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township. Carried. Page 13 of 14 Council Meeting Minutes — Wednesday, April 24, 2024. 20. Confirmation By -Law: a) 2024-045: Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, April 24, 2024 Motion No. C240424-24 Moved by Hutcheson, Seconded by Bard Be it resolved that By -Law No. 2024-045: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, April 24, 2024 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. 21.Adjournment: a) Motion to Adjourn. Motion No. C240424-25 Moved by Clark, Seconded by Lavoie Be it resolved that we do now adjourn at 6:22 p.m. . „ "Vlayor, Randy Greenlaw Clerk, vonne Aubichon Carried. Carried. Page 14 of 14