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12 18 2013 SpCouncil AgendaPage 10M4 9 -11 12 -27 Township of Proud Heritage, Excitiq Future THE TOWNSHIP OF ORO- MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, December 18, 2013 1:30 p.m. - Closed Session Open Session Immediately Following Closed Session 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Councillor Crawford, re: Personal matters about an identifiable individual (CAO Performance Management). d) Robin Dunn, CAO re: Personal matters about an identifiable individual (Staffing Update). e) Robin Dunn, CAO, re: Solicitor - client privilege (Water/Waste Water Servicing). 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. REPORTS OF MUNICIPAL OFFICERS: a) Report No. CS12013 -10, Donna Hewitt, Director of Corporate & Strategic Initiatives re: 2013 Accomplishments: Corporate Strategic Plan; Department Operations. b) Report No. RC2013 -24, Shawn Binns, Director of Recreation and Community Services re: Request for Exemption - Warminster Annual Santa Claus Parade. c) Andria Leigh, Director of Development Services, correspondence dated Page 1 of 35 Council Meeting Agenda - December 18, 2013 December 5, 2013 from Ontario Municipal Board re: Decision Delivered by C. Hefferon and Order of the Board, PL121036, Crestwood Park Holdings Inc., 99 Mount St Louis Road East, 2012- OPA -02. 28-31 d) Report No. F12013 -20, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO re: 2014 Budget - Excluded Expenses. 32-34 e) Robin Dunn, CAO re: 2014 Operating, Capital and Reserve Budgets. 7. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 8. CONFIRMATION BY -LAW: 35 a) By -Law No. 2013 -230 Being a by -law to confirm the proceedings of the Special Council meeting held on Wednesday, December 18, 2013 9. ADJOURNMENT: a) Motion to Adjourn. Page 2 of 35 6.a) Report No. CS12013 -10, Donna Hewitt, Director of Corpor... } 6wnship of REPORT 6� nte., Proud Heritage, Exciting Future Report No. To: Prepared By: CSI 2013 -10 Donna Hewitt, Director of Council Corporate & Strategic Initiatives Meeting Date: Subject: Motion # December 18, 2013 2013 Accomplishments: Corporate Strategic Plan; Roll #: R.M.S. File #: Department Operations RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report CSI 2013 -10 be received; 2. THAT staff proceed with the Communications Strategy outlined in the Report; 3. And THAT the CA© and HR Committee prepare the 2014 work objectives for the CAO aligned with the priority strategies /initiatives of Council. BACKGROUND: During the last quarter of 2010 Township staff began a process of updating the Corporate Strategic Plan created during the previous term of Council. Throughout 2011 staff engaged the community at- large to gather input pertaining to community priorities and needs. This information was analyzed and a draft plan was presented to Council in the Fall of 2011. The 2011 -2014 Corporate Strategic Plan was adopted by Council in December 2011 and made available to the community in printed and digital formats in early 2012. Council has utilized this Strategic Plan to identify the CAO's work objectives for the past three years (2011 through 2013). These objectives have been incorporated into the municipality's Performance Management Program and have also provided direction to staff in the creation of operating budgets and long term capital budgets. As noted during consultation with the community in 2011, a commitment was made to report back on an annual basis the actions and success with respect to the implementation of the strategies identified within the plan. "Accomplishments Report Cards" have been created and distributed in printed and digital formats for both 2011 and 2012. Since the production of the 2011 Report Card, the Communications Strategy has been modified to ensure broader community reach is achieved. CSI Report No CSI 2013 -10 Meeting Date December 18, 2013 Page 1 of 6 Page 3 of 35 6.a) Report No. CS12013 -10, Donna Hewitt, Director of Corpor... Specifically, the Township has utilized the Recreation & Community Service Guide, The Oro - Medonte Messenger section of the Packet & Times and in 2012 launched a Strategic Plan sub - section on the Township website which includes the Plan, Accomplishment Report Cards and a summary of activities by each of the seven goals. ANALYSIS: In preparation of the 2014 budgets, staff summarized the Accomplishments for 2013 — both those resulting from implementation of the Strategic Plan as well as those reflecting Department Operational objectives. Appendix A outlines the key Accomplishments for 2013 aligned to the Goals contained within the Strategic Plan. Communication Strategy: Municipal staff has again reviewed its communication strategy for engagement with our residents and businesses and is recommending one minor change with respect to timing and distribution to the community. We believe this modification will improve the timeliness of our communications to our residents. All communication elements will be utilized in a similar fashion as in 2013. The four element strategy will launch in mid- February to coincide with the distribution of the Recreation & Community Services Brochure. Elements include: 2013 Accomplishments Report Card: Staff will create and publish the 2013 Report Card utilizing the same design as the 2011 and 2012 Report Cards. Printed copies will be available at the Administration Centre. 2. Recreation & Community, Services Brochure Features: The 2013 Report Card will be reproduced in the February issue of the Recreation & Community Services Brochure directing readers to the website for further details. 3. On -line Presence: The digital version of the Report Card will be posted on the municipal website and further detailed on the Corporate Strategic Plan Sub- Section where goals and accomplishments are highlighted. Staff will continue to utilize our social media accounts (Facebook & Twitter) directing followers to our website. 4. Oro- Medonte Messenger: In 2013, staff featured one goal and its accomplishments in the Oro- Medonte Messenger section of the Packet & Times each month for the period of February through August. Upon reflection, staff is recommending that the production of these features should be accelerated to feature one goal and its accomplishments each issue commencing in February and running through to early May. Given that these features highlight activities of the previous year (2013), it is staff's opinion that this frequency will help to present results in a more timely fashion. CS1 Report No CSI 2013 -10 Meeting Date December 18, 2013 Page 2 of 6 Page 4 of 35 6.a) Report No. CS12013 -10, Donna Hewitt, Director of Corpor... FINANCIAL/ LEGAL IMPLICATIONS 1 RISK MANAGEMENT: NA POLICIESILEGISLATION: NA CORPORATE STRATEGIC GOALS: Service Excellence: To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff. CONSULTATIONS: CAO Senior Management Team Corporate Communications ATTACHMENTS: Appendix A --- Accomplishments 2013 CONCLUSION: The municipality has made great strides in moving forward Council's strategic direction. Through the integration of the Performance Management Program and the annual budget process, the Township has remained focused on fulfilling Council's mission "To provide service excellence while building a sustainable, fiscally sound and healthy community that preserves Oro- Medonte's rural character and enriches Quality of life." Respectfully submitted: Donna Hewitt Director Corporate & Strategic Initiatives C.A.O. Approval 1 Comments: cm Report No CSi 2013 -10 Meeting Date December 18, 2013 Page 3 of 6 Page 5 of 35 6.a) Report No. CS12013 -10, Donna Hewitt, Director of Corpor... Appendix A Township of Oro - Medonte: Goals & Accomplishments 2013 Goal #1: Quality of Life: "To contribute to an enriched quality of life for residents by maintaining Oro- Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs." Accomplishments 2013: - Completed 11.7 km of road construction and 15.7 km of road paving; - Purchased property on Horseshoe Valley Road adjacent to the Horseshoe Valley Memorial Park for municipal purposes; - Paved the walkway at Bayview Memorial Park providing enhanced access to the Township's fully accessible playground; - Received court decision confirming Township ownership of Lakeshore Promenade; Nurse Practitioner expansion project initiated; - Line 9 Boat Launch reconstruction initiated; Oro- Medonte Community Arena Renovations initiated. Goal #2: Safe & Healthy Community: "To ensure that Oro- Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles." Accomplishments 2013: - Presented the 2014-2021 Master Fire Plan draft; - Installed the Forest Home Industrial Park Water Cistern; - Purchased Self- contained Breathing Apparatus for Station 6; - Implemented DSPA5 —Dry Aerosol Fire Extinguishers; Completed annual Emergency Planning exercises; Met all drinking water regulatory requirements for all 12 municipal drinking water systems; Established and trained members of new corporate and fire department Health & Safety Committees. CSI Report No SCSI 2013 -10 Meeting Date December 18, 2013 Page 4 of 6 Page 6 of 35 6.a) Report No. CS12013 -10, Donna Hewitt, Director of Corpor... Goal #3: Service Excellence: "To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff." Accomplishments 2413: Staged implementation of recommendations from the Transportation & Environmental Services Department Review; Developed new corporate project tracking for Council; - Completed annual Human Resources metrics and benchmarking report; Established the Heritage Committee; - Published the second Annual Accomplishments Report Card for the community; - Enhanced Recreation & Community Service work order management system; - Implemented on -line facility scheduling and recreation program registration system; - Implemented corporate -wide telephone system providing enhanced, reliable access. Goal #4: Sustainability: "To build an increasingly sustainable community with regard for, and sensitivity to the needs of future generations." Accomplishments 2013: Updated the Septic Maintenance inspection program; - Completed public information sessions on changes to the septic maintenance inspection program to be implemented in 2014; Developed long term multi -year Capital Plan and 3 year operating budget projection. Goal #5: Financial Stewardship: "To continue to improve value received in the expenditure of tax dollars as well as maintaining a financial position that is fiscally sound for the Township." Accomplishments 2013: - Development of Municipal Asset Management Plan initiated; - Developed Municipal Asset Financing Strategies; - Revised procurement for snow removal; - Received partial award for court costs incurred for Lakeshore Promenade ownership case; - Completed financial analysis of outsourced engineering services. Report No CSI 2013 -10 Meeting Date December 18, 2013 Page 5 of B Page 7 of 35 6.a) Report No. CS12013 -10, Donna Hewitt, Director of Corpor... Goal #6: Employer of Choice: "To attract, motivate and retain a well - qualified staff that directly contributes to the attainment of the Corporate Goals. Accomplishments 2013: - Initiated Leadership Development Program; - Implemented pilot Flex Time process; - Provided training specific to Health & Safety and legislated requirements; - Completed Succession Plans for CAO and Director positions. Goal #7: External Relations: "To be recognized as a "good neighbour" with municipalities in the local area and to be proactive in promoting the interests of the Township at the County, Provincial and Federal levels of Government and with private sector organizations." Accomplishments 2013: - Continued to facilitate the provision of Horseshoe Valley corridor servicing (water and wastewater) in Craighurst and Horseshoe Valley settlement areas; - Facilitated the creation of the Craighurst Business Owners' Association; - Secured over $300,000 from public sector grants and funding programs for summer staffing, Recreation and Economic Development projects; - Facilitated private sponsorships and community fundraising efforts providing over $32,000 toward the completion of projects. CSI Report No CSI 2013 -10 Meeting Gate December 18, 2013 Page 6of6 Page 8 of 35 6.b) Report No. RC2013 -24, Shawn Binns, Director of Recreati... w�umc1 , ca f REPORT Proud Heritage, Exciting .Future Report No. RC2013 -24 To: Council Prepared By: Justin Hodgkinson Meeting Date: December 18, 2013 Subject: Request for Exemption — Warminster Annual Santa Claus Parade Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only 11 It is recommended that: 1. Report Igo. RC2013 -24 be received and adopted. 2. An exemption to By -law 2006 -38 be granted for the Warminster Santa Claus Parade to be held on Sunday, December 22, 2013 at 2pm. 3. That the organizing committee be ,advised of Council's decision. BACKGROUND: The Warminster Santa Claus Parade organizing committee has requested that Council waive the requirements of the By -Law for the Warminster Santa Claus Parade to be held on Sunday, December 22, 2013 at 2pm ANALYSIS: Mr. Dennis Barkley (Parade Marshall and organizing committee member) has submitted a request for exemption to the conditions of By -Law 2006-38. Section 8 of the afore- mentioned By -law permits that in a situation where a parade or procession /event will last less than 24 hours, Council may dispense with any or all of the requirements of the By -Law. Specifically the organizing committee is requesting exemptions to section 3 (Provision of Liability Insurance) and section 6 (Provision of Damage Deposit) to permit the annual parade. Risk Management The organizing committee will have volunteers assisting with the parade Emergency personnel (O.P.P and Ciro- Medonte Fire and Emergency Services) have been notified and will be in attendance. Recreation and Community Services December 18, 2013 Report No. RC2013 -24 Rage 1 of 2 Page 9 of 35 6.b) Report No. RC2013 -24, Shawn Binns, Director of Recreati... The Warminster Santa Claus Parade is an annual event, which Council has historically waived the conditions of the By -Law 2006 -38 to permit the event. FINANCIAL: NIA POLICIES/LEGISLATION: Highway Traffic Act R.S.0 1990 By -Law 2006 -038 CONSULTATIONS: Director ,Transportation and Environmental Services Director, Fire and Emergency Services ATTACHMENTS: 1) Request for exemption CONCLUSION: The Santa. Claus Parade an annual community event and draws significant community involvement and participation. The organizing group has taken all precautions to insure that the event will be run safely and associated risks will be properly managed. It is recommended that Council grant this request to allow this event to occur again in 2013. Respectfully submitted: Justin Hodgkinson Community Recreation Coordinator C.A.Q. Approval 1 Comments: Recreation and Community Services December 78, 2073 Report No. RC2013 -24 Page 2 of 2 Page 10 of 35 6.b) Report No. RC2013 -24, Shawn Binns, Director of Recreati... Qyv 1 1 ,�IL A) OL 6.c) Andria Leigh, Director of Development Services, corresp... ISSUE DATE: December 5, 2013 Commission r Ontario Ontario Municipal Board des affaires municipales de I'Ontario Crestwood Park Holdings Inc. has appealed to the subsection 22(7) of the Planning Act, R.S.O. 1990, c. refusal or neglect to enact a proposed amendment to of Ora - Medonte to redesignate land located at 99 N `rural" to 'commercial' to allow for a restaurant (Approval Authority File No.: 2011- OPA -OZ) OMB File No.: PL121036 PL121036 s Ontario Municipal Board under P.13, as amended, from Council's the Official Plan for the Township ount Saint Louis Road East from Crestwood Paris Holdings Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to zoning By -law 97 -95 of the Township of Oro - Medonte to rezone lands respecting 99 Mount Saint Louis Road East from 'agricultural /rural' and 'environmental protection zones' to include `general commercial' to permit the operation of a restaurant OMB File No.. PL121037 APPEARANCES. Parties Township of Oro - Medonte Crestwood Park Holdings Inc. Counsel Christopher Williams Paul Petersen Sher Scott DECISION DELIVERED BY C. HEFFERON AND ORDER OF THE BOARD BACKGROUND [1] For over 50 years, Webers restaurant (`Webers') has been a landmark on Highway 11, north of Orillia. At peak times during the summer months, 600 to 700 customers per hour flock to the site for hamburgers and fries. The site is instantly recognizable to the traveling public by its railway cars and by its rustic buildings and picnic benches. Page 12 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -2- PL121036 [2] In 2010, Crestwood Park Holdings Inc. ( "Crestwood "), which owns and operates Webers, acquired lands on Mount St. Louis Road East at the southeast corner of the partial interchange with Highway 400, opposite the Mount St. Louis resort ( "subject lands "). The partial interchange allows both northbound and southbound traffic access to the resort as well as to the homes and rural estates on both Mount Saint Louis Road east and west. Crestwood proposes to replicate its Highway 11 Webers restaurant model on the subject lands. Crestwood also proposes to open another eastbound lane on the existing overpass and beyond to allow easier access to the proposed Webers restaurant from both the resort and from southbound Highway 400. A concept plan for the proposed development was entered into the evidence as Exhibit 10. [3] The subject lands comprise a total of approximately 36 ha, of which approximately 11 % or 3.3 ha are intended for the proposed restaurant, accessory buildings, access to parking, waste management facilities and landscaped open space, Kristine Loft, who was qualified by the Board to give opinion evidence on land use planning, testified that the proposed landscaped open space will include a large "artificially regulated" pond (that is, detention pond) and stream emptying into the Coldwater River. The Coldwater River runs across the southeast portion of the subject lands, some distance from the area proposed for development of the buildings and parking lot, [4] The remainder of the subject lands (that is, approximately 32.7 ha) is designated Agriculture /Rural and Environmental Protection in the Township of Oro- Medonte Official Plan ( "TOP "). It is proposed to leave these lands untouched, except for a parcel of approximately 0,8 ha, which would be used for the proposed sewage disposal (septic) beds. The proposed sewage disposal beds are shown on the Concept Plan (Exhibit 10) and are included in the calculation of the 3.3 ha area proposed for development. [5] The TOP sets down land use policy respecting all the lands within the municipality. The Township of Oro- Medonte is within the County of Simcoe, which also has an official plan. The County of Simcoe Official Plan ( "COP ") came into effect in 1999, a revised official plan was adopted by County Council in 2009. However, the latter was appealed by a number of parties and is not yet in force. Excerpts from the new, but not in -force 2009 County of Simcoe Official Plan were entered into the evidence as Page 13 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -3- PL121036 Exhibit 17. The still in -force 1999 COP was entered into the evidence as Exhibit 2, Tab 4. [6] The in force COP policy 3.6.7 for lands designated Rural provides: In rural areas, uses permitted are those listed in 3.6.6 plus highway commercial, institutional, residential lots created by consent, country recreational facilities, country residential subdivisions to a maximum of 40 lots, and rural business, parks. [7] Highway commercial is defined in the in force COP as: Uses or establishments are those which provide a service to the travelling public and include uses such as automotive servicing, accommodation, tourist, craft, and special feature establishments and restaurants. [8] David Butler, an experienced professional planner who was retained by Crestwood, pointed out that pursuant to in force COP policy 3.6.7, a restaurant is a permitted Highway Commercial use on lands designated Rural. This point was not contested. Mr. Butler was qualified by the Board to provide opinion evidence on land use planning. [9] The Board was advised by Andria Leigh that the currently in -force TOP was approved in 1997. She said that preparation of a new TOP is currently underway. Ms. Leigh is the Director, Planning Services for the Township. She was qualified by the Board to provide opinion evidence on land use planning matters. [10] A petition with 540 signatures opposing the proposal was entered into the evidence as Exhibit 29A. The nine -day Ontario Municipal Board ( "Board ") hearing held in the Oro - Medonte offices was well- attended by area residents. MATTERS BEFORE THE BOARD [11] Crestwood has appeased under subsections 22(7) and 34(l 1) of the Planning Act for the neglect or failure of the Council of the Township of Oro- Medonte ( "Township ") to make a decision respecting Crestwood's applications for amendments to both the TOP and Zoning By -law No. 97 -95, as amended ( "By -law ") to permit development of a Webers restaurant on the subject lands at the southeast corner of Highway 400 and Page 14 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -4- PL121036 Mount St. Louis Road East. The subject lands are municipally known as 99 Mount St. Louis Road East. [12] The proposed restaurant and accessory buildings with site modifications also requires Site Plan Approval from the Township. [13] The proposed TOP and By -law amendments would also permit development of a gas bar and indoor sit -down restaurant facilities in the future. Any further development of the subject lands, such as a gas bar or indoor sit -down restaurant facilities, also requires Site Plan approval from the Township. [14] The Township opposed the Crestwood appeal. Neither the County of Simcoe ( "County ") nor any of the commenting Provincial ministries, the Ontario Ministry of Transportation ( "MTO ") and the Ministry of Natural Resources ( "MNR "), or the Nottawasaga Valley Conservation Authority ( "NVCA ") appeared at the hearing. LOCATION [15] The subject lands are located in the southeast quadrant of Highway 400 ar)d the Mount St. Louis Road interchange,. approximately 20 km north of the ,point where Highway 400 and Highway 11 split just north of Barrie. Highway 11 continues north through North Bay and Highway 400 northwest through Sudbury. [16] The Mount St. Louis resort is located on Mount St. Louis Road West directly opposite the subject lands on the west side of Highway 400. The 49 -year old resort is best known for its winter skiing but it also hosts major events throughout the year. Sarah Huter, director of marketing for the resort reported that one event — the "Tough Mudder" — annually attracts several thousand visitors. [17] A bridge over Highway 400 and a partial interchange allows direct access to both the Mount St. Louis resort and the residential homes along Mount St. Louis Road West from both the southbound and northbound lanes of Highway 400 as well as from Mount St. Louis Road East. [18] There are seven private residences located on the south side of Mount St. Louis Road West, directly opposite one of the parking lots for the ski hill. Highway 400 is Page 15 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -5- PL121036 between these private homes and the subject lands. The distance between the closest of these residences and the subject lands is greater than 300 m. The nearest developed residential property on Mount St. Louis Road East is located approximately 285 m east of the subject lands and is shielded from view of the subject lands by a thick stand of mature trees. [191 The subject lands are located approximately 32 km north of the closest ONroute service centre on Highway 400. This service centre is located about 500 m south of Essa Road in Barrie on the east side of Highway 400 and provides direct off - and -on access from the northbound lanes. The next centre providing comparable service — gasoline and diesel fuel, truck, bus and car parking, washrooms and food — is located just off Highway 400 near Waubausheen. Waubausheen is approximately 32 km from the subject lands and 64 km north of the Essa Road ONroute centre. [20] An aerial photo of the Township, which was entered into the evidence as Exhibit 5, shows that except for the ski area, all the lands in the area are either designated Agricultural in the TOP or are heavily forested. The forests occupy lands designated Environmental Protection and/or Greenlands in both the TOP and the COP. EXPERT WITNESSES [211 For the Township: • Andria Leigh, RPP, is Director, Development Services for the Township [221 For the Applicant: 0 Kristine Loft, RPP, is a planning consultant • David Butler, RPP, is a planning consultant • Michael Cullip, PEng, is a transportation expert • Donald Fraser is a Senior Ecologist with Beacon Environmental Ltd. • Tom Rennie is the owner of Crestwood and operator of Webers. Page 16 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -6- PARTICIPANTS' POSITION PL121036 f231 The following participants submitted witness statements to the Board. Their statements were entered into the evidence as Exhibit 4, Tabs 45 -50 and Exhibits 29, 29A. 1. Ian Bender 2. Danielle Berube 3. Sarah Huter 4. Gary Kumpula 5. Cynthia Colby 6. Dwight Holm [24] Robert King, Peter Blackman, Ward and Grace Sullivan were also recognized as participants but did not submit witness statements. [25] The participants contended that the subject lands do not constitute an acceptable location for a second Webers restaurant given the unacceptable adverse impact, which would inevitably result from the significant numbers of vehicles that are expected to use the site and the fact that the subject lands are an integral part of an important natural heritage feature. They maintained that the subject lands constitute habitat for a number of threatened species and development of such lands is prohibited under the Endangered Species Act, the Lake Simcoe Protection Act and by the policies of the NVCA, which is the most directly concerned conservation agency. APPLICANT'S POSITION [26] Mr. Butler advised that Webers has operated successfully for over 50 years at its Highway 11 location north of Orillia, and that its business model has been tested and found to require a large piece of land with north /south highway visibility and direct access from the northbound lane of the highway. He contended that the proposal is consistent with the 2005 Provincial Policy Statement ( "PPS ") and conforms to the Growth Plan for the Greater Golden Horseshoe ( "Growth Plan ") as well as to the policies for lands designated Rural in both the COP and TOP. He maintained that a new Webers restaurant on the subject lands would not only provide approximately 45 much- Page 17 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -7- PL121036 needed full and part time jobs to area residents but would also provide a rest stop for the traveling public as well as a refuge for travelers during extreme weather events. TOWNSHIP'S POSITION [27] The Township contended that the proposed Webers restaurant should be located in a settlement area (the community of Craighurst approximately one ism east of Highway 440 was identified) or on designated Commercial land in the Mount St, Louis Special Policy Area ( "S.P.A. "). It also contended that the proposal contravenes both TOP policies for lands designated "Rural' and the Provincial growth strategy, CORE ISSUE [28] The Board determined the core Issue to be the location of the proposed Webers restaurant and whether the TOP can and should be amended by the Board to approve the proposed Webers restaurant. POLICY CONTEXT Provincial Policy [29] Ontario operates within a policy- driven land use system which provides a measure of predictability both for owners of land and for regulatory authorities. It gives not only the owner of a parcel of land but also the owners of surrounding properties the opportunity to determine the use to which a particular parcel of land may be put, what type and size of building may be developed on that parcel of land and to what use that building, once constructed, may be put. [30] The land use planning system in Ontario also operates within a legislative hierarchy. Driving this system is the Planning Act. The Planning Act provides for the land use policies such as the Growth Plan, the PPS the official plans for the upper and lower tier municipalities and the zoning by -law for the lower tier municipality. In the present instance, the County of Simcoe is the upper tier municipality and the Township of Oro - Medonte the lower tier. Page 18 of 35 6.c) Andria Leigh, Director of Development Services, corresp... - 8 - PL121036 [31] The Growth Plan, which was enacted in 2006 and the PPS, which was promulgated in 2005, set down Provincial policy respecting the use to which all public and private lands may be put. All land use decisions of provincial agencies, municipal councils and the Ontario Municipal Board must be consistent with Provincial policy as provided in the PPS and conform to Provincial policy as provided in the Growth Plan. [32] Provincial policy as provided in the Growth Plan policy 5.4.1.5 "encourages" planning authorities and decision makers to go beyond the policies and targets in the Growth Plan as these represent minimum standards. In the event of an apparent conflict between the Provincial and municipal policies, Growth Plan policy 5.4.1.5 encourages planning authorities and decision makers (such as this Board) to apply the more restrictive policy. Sometimes the more restrictive policy may be the local policy found in the official plan. [33] PPS policy 4.5 states that an official plan shall provide "clear, reasonable and attainable policies to protect provincial interests and direct development to suitable areas. [34] Growth Plan policy 5.4.1.5 provides that: The policies and targets of this Plan represent minimums standards. Planning authorities and decision- makers are encouraged to go beyond minimum standards established in specific policies and targets, unless doing so would conflict with any policy of this Plan, the applicable PPS, or any other provincial plan. LOCAL POLICY [35] Court decisions make it clear that an official plan is not legislation but a policy document. Where an interpretation of an official plan is necessary, a 2014 Ontario Court of Appeal decision ruled that (interpretation) is a question of law that the Board must determine, rather than a question of fact that may be addressed by competent witnesses (Niagara River Coalition v. Niagara -on- the -lake (Town) 2010 ONCA 173, 68 M. L. P. R. (4th) 1, 49 C. E. L. R. (3rd) 159, 2615 O.A.C. 76, 186 A. C. W. S. (3rd) 830). ("Jet Boat decision') Page 19 of 35 6.c) Andria Leigh, Director of Development Services, corresp... _9_ PL121036 [36] Much of Mr. Butler's testimony regarding the interpretation of the TOP was based on his assumption that the interpretation was a question of fact regarding which his testimony was material. The Board rejects Mr. Butler's assumption since it (the Board) is bound by the Court of Appeal's decision in the Jet Boat decision. Nor does the Board accept the suggestion implicit in Mr. Williams' argument that the Jet Boat decision stands for the proposition that official plans are to be treated by the Board as the equivalent of statutes. Mr. Williams was legal counsel for the Township. [37] It is also important to note that official plan policies are not intended to be applied or interpreted independently of each other. Rather, each policy is intended to be weighed with the other relevant policies and performance standards and work together to determine whether a development application has successfully met the overall intent of these policies and performance standards. r#9]tIILIIC`7 0,191WIATA [38] The zoning by -law for a municipality implements its official plan. In the present matter, the By -law (for the Township) was enacted after the TOP was approved and had come into force and is intended to implement the TOP. The By -law is the ley instrument for determining how a particular parcel of land or a building can be developed and used by a non - governmental person as a matter of legal right at any point in time (emphasis added). The-permitted uses for the subject lands, which are zoned Agricultural /Rural ("A/RU") were entered into evidence as Exhibit 2„ Tab 6, p.175. [39] In this case, an approximately 2.5 ha portion of the subject lands is zoned AIRU, which permits as a matter of legal right only land uses that serve the needs of the local agricultural -based population plus a few other uses such as Residential Care Homes and Portable Asphalt Plants that may be allowed in any zone. [40] In the appeal before the Board in these proceedings, Crestwood applied for an amendment to both the By -law and the TOP to permit an approximately 6,000 sq. ft. Webers take -out restaurant, which would be similar in design to the existing Webers on Highway 11 but without the indoor seating provided in the (former) railway dining cars on the site. With parking, storage in the (former) railroad boxcars, washrooms, picnic - style outdoor seating, and landscaping, the proposal requires approximately 2.5 ha of Page 20 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -1a- PL121036 land. Including the land set aside for wastewater treatment, the total area required is approximately 3.3 ha. EVIDENCE AND FINDINGS [41 ] During the nine -day hearing, the Board heard extensive evidence on a number of issues including natural heritage, traffic, marketing and land use planning. [42] The Board heard opinion evidence from Donald Fraser, who is a qualified ecologist, on the ecology of the subject lands and from Michael Cullip, a professional engineer and traffic management expert, on traffic and transportation matters. The Board also received written reports on matters such as site servicing, waste and wastewater treatment, potable water supply, grading and drainage, landscape concept plan and archeological research without objection from Mr. Williams. An environmental impact study ( "EIS ") assessing the overall environmental impact of the proposed development was also submitted by the applicant again without objection from Mr. Williams. The EIS was prepared (by Donald Fraser) at Beacon Environmental Ltd. A list of the reports submitted is found at Exhibit 2, Tab 9, p. 194. After consideration of all the evidence, the Board finds that none of these matters would constitute an unresolvable impediment to the proposed development. [43] Tom Rennie, who owns Crestwood and operates the Webers restaurant on Highway 11, north of Orillia, also testified. Mr. Rennie was very generous in sharing with the Board the Webers business model, his marketing insights and the lessons he has learned from his many years in the food business. [44] However, it was clear from the beginning of the hearing that the matter of exactly what uses are permitted on lands designated as Rural in the TOP would be a threshold issue. In other words, regardless of whether the proposal constitutes good business sense and conforms to all of the other policies within the relevant Provincial and local plans, if it does not conform to the TOP and to Provincial policy as expressed in the Growth Plan, it cannot be approved. [45] Mr. Butler took the Board to Growth Plan policy 2.2.2.1(i), which provides: Page 21 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -11 - PL121036 Population and employment growth will be accommodated by [..] directing development to settlement areas, except where necessary for development related to the management or use of resources, resource -based recreational activities, and rural land uses that cannot be located in settlement areas (emphasis added). [46] Mr. Butler contended that the proposed Webers restaurant cannot be located in a settlement area. He testified that the Webers model does not fit in either the Craighurst settlement area or in the Mount St. Louis S.P.A. He explained that the Webers business model requires a generous amount of space in order to worst successfully, It requires a site with a minimum area of approximately 2.5 ha exclusive of lands required for any on- site wastewater treatment. It was not disputed that a restaurant premises requiring that much space would not be appropriate for a settlement area, which is by definition intended to be compact and to make efficient use of land. [47] The term "settlement areas" is defined in the Growth Plan as: Urban and rural settlement areas within municipalities (such as cities, towns, villages, and hamlets) where: Development is concentrated and which have a mix of land uses; and Lands have been designated in an official plan for development over the long term planning horizon provided for in the Provincial Policy Statement, 2005. Where there are no lands that have been designated ouer the long term, the settlement area may be no larger than the area where the development is concentrated. [48] The Craighurst Secondary Plan ( "CSP "), which was entered into the evidence as Exhibit 33, provides that the core of the Craighurst settlement area be developed with two to three- storey buildings incorporating residential uses above retail shops. The CSP provides that the remaining lands (which are designated "Living Area" in the CSP) are intended to be developed with single - family homes in a variety of housing forms. [49] Mr. Butler pointed out that the largest lot outside the central area of Craighurst is an estimated 0.4 ha in area. referencing Schedule A3 of the CSP, he noted that although there are two of these 0.4 ha lots side -by -side, they are flanked by lands designated for residential uses on two sides. Besides this impediment, accessing the settlement area from either the Horseshoe Valley Road or County Road 93 interchanges would require driving over a CN level crossing. This, he suggested, would Page 22 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -12- PL.121036 offend the basic principle of the Webers business model, which requires easy and unimpeded access to and from the main highway. [50] Mr. Butler's conclusion was that neither Craighurst nor the Mount St. Louis SPA, which had also been suggested as a possible location, represents a suitable or appropriate location for a Webers restaurant. [51] Ms. Leigh also took the Board to policy 2.2.2.1 (i) of the Growth Plan. It bears repeating that this policy provides that: Population and employment growth will be accommodated by [ ... ] directing development to settlement areas, except where necessary for development related to the management or use of resources, resource -based recreational activities, and rural land uses that cannot be located in settlement areas. [52] Ms. Leigh testified that In her opinion Provincial policy requires that new growth be directed to settlement areas. There are exceptions, she testified, but these exceptions are for "resource- based" developments such as ski areas or motor speedways and not for restaurants. She disagreed with Mr, Butler's characterization of the proposed Webers as a "rest stop" or "service centre" and contended that Webers is first and foremost simply a restaurant. Although the Webers model as proposed may not be capable of fitting into a settlement area such as Craighurst and would likely not be desirable or appropriate therein, Provincial policy directs restaurants to settlement areas. The appropriate course of action, she contended, is for Webers to modify its current business model to allow it to fit in a settlement area rather than to change the rules for the settlement area to accommodate the Webers model. The Board finds Ms. Leigh's opinion to be persuasive and agrees with it. [53] Ms. Leigh further advised that the subject lands are designated Rural in the TOP and the proposed development would be classified as a "Highway Commercial" use. A highway commercial use would require that "Highway Commercial" be a permitted use on lands designated Rural in the TOP and would require a "General Commercial" zoning category in the By -law. This was not disputed. Page 23 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -13- PL121036 [54] Mr. Butler contended that policy 02.3.3 of the TOP provides that Highway Commercial uses that serve the needs of the rural area may be permitted on lands designated Rural in instances where some eight conditions are satisfied: New institutional and highway commercial uses that serve the needs of the rural area [...] may be permitted subject to an amendment to the implementing Zoning By -law [....] Before considering an amendment to the Zoning By -law to permit any of these uses in the Rural designation, Council shall be satisfied that the proposed use: a) Is compatible with the rural character of the area; b) Can be designed and sited to blend in with the rural surroundings; c) Is located where it would have little or no impact on agricultural operations; d) Can be serviced with an appropriate water supply and means of sewage disposal; e) Is to be accessed by municipal roads that can accommodate the increased traffic generated by the proposed use; f) Will not cause a traffic hazard as a result of its location on a curve or a hill; and, g) Can be appropriately buffered from adjacent residential uses. In addition, prior to considering an application to develop a new industrial, institutional or commercial use, Council shall be satisfied that the proposed use cannot be reasonably sited in a nearby settlement area or on lands in the vicinity that are designated institutional or commercial (emphasis added). [55] Mr. Butler spoke at some length to each of these conditions and testified that the Crestwood proposal satisfies all of them. [56] Ms. Leigh, on the other hand, advised that Township policy, as expressed in the TOP, requires all commercial development to locate in designated settlement areas. She pointed to Craighurst as a settlement area that could, in her opinion, reasonably accommodate another restaurant. [57] She explained that Craighurst is the main settlement area within the Township and that new residential and employment development within the Township is being directed there. The main intersection in Craighurst is on Horseshoe Valley Road. It is a one kilometer ( "km ") drive from the interchange with Highway 400, and a 3 km drive Page 24 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -14- PL121036 from the County Road 93 Interchange with Highway 400. The Horseshoe Valley Resort and Heights of Horseshoe Ski Club are located a few km east of the main intersection in Craighurst. [58] Ms. Leigh advised that new employment uses for the Township are also being directed to the Highway 11 commercial corridor, the Lake Simcoe Regional Airport industrial area and to Oro Station. [59] She testified that section 4.1 of OPA 27, which amends the TOP to incorporate a secondary plan for the Craighurst community, identifies Craighurst as being "ideally suited for growth ". She advised that even if it turns out that there is not currently an adequate site designated in the CSP for commercial uses within the settlement area boundaries, the CSP provides that these boundaries can be extended without the necessity of first amending the plan. [60] The Board noted that although Official Plan Amendment No. 27 ( "OPA 27 ") was adopted by the Township (May 27, 2009), it is not in force because the County of Simcoe, which is the approval authority, has not approved it. However, as the Township Council has adopted it, it is the Board's view that OPA 27 represents Council's current thinking on the question of where new commercial growth in the west part of the Township should be located. [61 ] The major impediment to the proposed Webers restaurant on the subject lands is, Ms. Leigh testified, that it does not conform to the TOP. She contended that the first paragraph of TOP policy C2.3.3 (cited above by Mr. Butler) requires that new highway commercial uses serve the needs of the rural area: New institutional and highway commercial uses that serve the needs of the rural area (emphasis added) [...] may be permitted subject to an amendment to the implementing Zoning By -law [ .... j [62] In the Board's opinion, the intent of the above clause "uses that serve the needs of the rural area" refers to commercial uses such as a bed and breakfast, a corner store and perhaps a welding shop or similar. It does not contemplate a space - extensive restaurant (such as Crestwood has proposed) that serves the travelling public. The Board allowed evidence of an informal poll taken (by Webers management) at the Highway 11 Webers location one day in 2012. This poll indicated that fewer than 11 % of Page 25 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -15$ PL121036 the Webers customers identified themselves as "local ". Over 89% indicated they were from the GTA, southwest Ontario or the United States of America. This demonstrated that the purpose of the Webers Highway 11 restaurant is not to "serve the needs of the rural area ". In the Board's view, a similar restaurant on the subject lands would serve the needs of the rural area even less because it is even more isolated from the rural {population centres. [63] Mr. Butler and Ms. Loft (the two planning witnesses retained by Crestwood) both contended that it was not the intent of the TOP that uses on lands designated in the official plan as Rural be directed to serve only or even primarily the needs of the local rural area. The Board preferred the evidence of Ms. Leigh on this key policy of the TOP. It was the Board's view that Ms. Leigh's testimony reflects a simple reading of the words of the policy. It does not, as does the interpretation of the policy presented by Mr. Butler and Ms. Loft require an inference to be drawn as to the extended meaning or possible intent of the policy. The Board therefore finds that the TOP requires that new commercial development on lands designated Rural should be primarily for the purpose of serving the needs of the local rural area. CONCLUSION [64] In the Board's view, the meaning of Provincial policy is crystal - clear. The governing principle of the Growth Plan (and the PPS) is that development in the form of strip 1950's -style Highway Commercial and strip residential resulting from rural severances represents sprawl, All sprawl (urban or rural) has demonstrated itself to be unsustainable. New proposals which promote sprawl are not therefore permitted. [65] The Webers Highway 11 model has proven itself over the past 50 years to be extraordinarily successful. The Highway 11 location with its rustic design and railroader theme is well -known and vastly entertaining and convenient for the traveling public. It certainly qualifies as a tourist attraction and may even be, as Mr. Butler suggested in his evidence, "iconic ". However, the Board finds on the evidence that in the end the proposal is for a restaurant, which is a use that both Provincial and local policy directs to settlement areas. Page 26 of 35 6.c) Andria Leigh, Director of Development Services, corresp... -16- PL121 036 [66] On the evidence, the Board finds that the subject lends are not within a settlement area. And also an the evidence, the Board finds that the proposed development is not consistent with Provincial policy as expressed in the Growth Plan and the proposed amendments do not conform to the provisions of the TOP and the By- law. Furthermore, on the evidence, the Board finds that the TOP and the By -law cannot be amended so long as the Growth Plan remains in effect. [67] The Board also finds that if and until the Growth Plan policy directing development to settlement areas is changed, the TOP cannot be changed to allow it. If a higher court should find the Board's interpretation of this policy is wrong, this Panel still concluded on the evidence that the proposed development would have an unacceptable adverse impact on both the local community and the natural environment and should not be in any event be approved. [68] In sum, the Board finds on the evidence that the requested amendments to the TOP and the By -law to allow the proposed development do not represent good planning and should not be approved. ORDER [69] The Board orders the appeals are not allowed. "C. Hefferon" C. HEFFERON MEMBER Page 27 of 35 6.d) Report No. F12013 -20, Paul Gravelle, Director of Financ... T ns>t ' of. REPORT � � Proud Heritage, Exciting Future Report No. F12013 -20 To: Council Prepared By: Paul Gravelle Meeting Date: December 18, 2013 Subject: 2014 budget — excluded expenses Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. F12013 -20 be received and adopted. i BACKGROUND: The Township of Oro - Medonte's budget reflects anticipated cash inflows and outflows during the year. Certain expenses such as amortization & the accrual of post - retirement benefits are excluded from the budget as there are no funds being spent in relation to these expenses. The 2014 budget also reflects cash inflows and outflows that are not recognized as revenue or expenses for external reporting purposes such as debt financing and capital expenditures. Ontario Regulation 284109 stipulates that for 2011 and subsequent years, the municipality shall, before adopting a budget for the year that excludes any of the said expenses, prepare a report about the excluded expenses and adopt the report by resolution. The report shall provide an estimate of the change in accumulated surplus of the municipality resulting from excluded expenses and an analysis of the estimated impact of the exclusion of any expenses may have on the future capital asset funding requirements of the municipality. FINANCE December 18, 2013 Report No. F12013 -20 Page 1 of 3 Page 28 of 35 6.d Report No. F12013 -20, Paul Gravelle, Director of ANALYSIS: Accordingly, please find attached a reconciliation of the estimate accumulated surplus for external reporting purposes in relation to the 2014 budget. FINANCIAL 1 LEGAL IMPLICATIONS 1 RISK MANAGEMENT: There is no impact on the municipality's future tangible capital asset funding requirements due to the excluded expenses. POLICIES/LEGISLATION: Ontario Regulation 284109 CORPORATE STRATEGIC GOALS: Sustainability Financial Stewardship CONSULTATIONS: None ATTACHMENTS: Reconciliation of estimated impact on accumulated surplus per 20114 budget CONCLUSION: The attached reconciliation and this report will provide compliance with the stipulations of Ontario Regulation 2841019. Respectfully submitted: Paul Gravelle Director of Finance FINANCE December 18, 2013 Report No. F12013 -20 Page 2 of 3 Page 29 of 35 =inane.. 6.d) Report No. F- 12013 -20, F'aul Vravelle, Uirector c SMT A pproval 1 Comments: I C.Q. Approval 1 Comments: � _ .A-- FINANCE Report No. F12013 -20 December 18, 2013 Page 3 of 3 Page 30 of 35 >f Financ... 6.d) Report No. F12013 -20, Paul Gravelle, Director of Financ... TOWNSHIP OF ORO- MEDONTE 2014 BUDGET Surplus, per 2014 budget Debt Financing Prior Year surplus Transfer to/ffrom) reserves Capital expenditures capitalized Post- retirement benefits Amortization Principal Portion of debt payments Estimated 2014 Surplus for External Reporting Purposes 0 - 2,082,000 - 400,000 - 3,437,060 11,770,000 -5,000 - 3,200,000 961,797 3,607,737 Page 31 of 35 W Cl) H � Z 0 W W O� Oa LL Ow U) co m Z O° P N reserve... 0000000 O 1 O O O O O ,O 0 O O I 0 q� I O 0' O LO LO "T M M CO T 00 t M— LO N It N O M O ti O N CO , CO Cfl N M (� O I- 'IT N O 0 0 N N M M 't 't LO LO (fl ti 0) —0 0 00 00 I- ti LO 'q z'i M M M M M M M M M M M M co M M M M M M d' 't 't 'q d' M M M M M N M M M 0 N Il- ti It It It It 00 N C I It Cfl 00 Cfl M LO 00 I-- 00 N N N N N N N O N N N W It CO CO 00 It It It m M Il- rl- Cfl N 00 O M Cfl r— 00 O Cfl CO Cfl M M M M M M M It M M > 00 I� N O, � N� M L!•) M DO llz: 00 M 00 It Cfl O M O N LQ N M M M M 00 DO 00 M O O 00 CO 00 L ) — Ln V) 0) LO q N Lf) N I- CO M O O I- M N M 00 M M M 00 N O) M LO Q i N L!) 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N M 0 N W c-I L E a) U O D O H w H z 0 0 LLI LU LLI o C 0 o Il m o a O = N Li z 0 6.e) Robin Dunn, CAO re: 2014 Operating, Capital and Reserve... Page 34 of 35 O O +� O Q N 4� Ln 4� O O O -0 ai cu E 2 E O U 0 c-I C) O r I O t00 Lr) c-I i/? I, c-I t/)- t/? C 7 O E Q v G1 bb N U m c C ai U i N `� J > O 4- _ 4-+ LL C .O v E v 'a G1 O 1 •2 C C a U U Q n f0 m U Q U O N D W (n W W z C G1 3 U > rn > +� ++ — — — +co , � E m 6 p a-1 N E a� L Q C N C O j ra C O E co C O E a o I1�J U° U° Page 34 of 35 8.a) Being a by -law to confirm the proceedings of the Specia... II1:I X6101 N 0] Mill I Is] 6I[e] a 1:I :0 1161119 ki 1.1 a l li] ffi] :tell ►Vi I A Biel ►1110 We W!ViVA ki [6IWIZITiKb *ill Being a By -Law to Confirm the Proceedings of the Special Council Meeting held on Wednesday, December 18, 2013 WHEREAS Section 5 of the Municipal Act, 2001, S. 0. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By -Law, unless the municipality is specifically authorized to do otherwise; AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte deems it expedient that the proceedings at this Special Council Meeting be confirmed and adopted by By -Law; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the actions of the Special Council at its Council Meeting held on Wednesday, December 18, 2013, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. 3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by -law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 18TH DAY OF DECEMBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 35 of 35