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02 27 2019 Council AgendaPage ,. 50-62 63 �4 Township of / Proud Heritage, Exciting Future The Township of Oro-Medonte Council Meeting Agenda Council Chambers Wednesday, February 27, 2019 5:00 p.m. - Closed Session 7:00 p.m. - Open Session 1. Call to Order - Moment of Reflection: 2. Adoption of Agenda: a) Motion to Adopt the Agenda. [Addenda] 3. Disclosure of Pecuniary Interest: 4. Closed Session Items: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Andria Leigh, Director, Development Services re: Solicitor -client privilege; Litigation affecting the municipality (Burl's Creek). d) Andria Leigh, Director, Development Services re: Solicitor -client privilege (Short Term Rentals (Airbnb)). e) Shawn Binns, Director, Operations and Community Services re: Solicitor - client privilege (Legal Opinion -Agreement)). f) Robin Dunn, CAO re: Personal matters about an identifiable individual (Complaint). g) Karen Way, Clerk re: Personal matters about an identifiable individual (Lake Simcoe Regional Airport Appointment). h) Robin Dunn, CAO re: Acquisition/disposition (Potential Disposition). 5. Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday, February 13, 2019. 6. Recognition of Achievements: a) Correspondence dated February 13, 2019 from Eric Wilson, HIGH FIVE®, Founded by Parks and Recreation Ontario (PRO) re: Roz Llewellyn, Coordinator, Community Recreation, HIGH FIVE 10 Year Trainer Page 1 of 255 Council Meeting Agenda - February 27, 2019 Recognition. 7. Public Meetings: None. 8. Deputations: 64-65 a) 7:00 p.m. Barry Sookman re: Short Term Rentals (Airbnb) Considerations for Regulatory Options. 9. Presentations: 10. Identification From the Public of an Agenda Item of Interest: Provides an opportunity for members of the public to identify an agenda item which the public member may request be brought forward and considered earlier in the meeting. 11. Open Forum: The Open Forum provides an opportunity for the public to provide verbal comments to Council, in Open Session, on matters scheduled on the current agenda, and shall be conducted as follows: • Open Forum shall last no longer than 20 minutes; • Each speaker shall be required to identify the agenda item they are speaking to and provide their name and address, which may become part of the public record; • A speaker shall be limited to 2 minutes per agenda item; • No response shall be provided to any question posed during Open Forum; • No discussion, debate or decisions will occur during Open Forum; • Each speaker is permitted to speak only once per agenda item; • A speaker may provide comment on one agenda item and then shall step aside to enable another to provide comment on an agenda item; • No speaker shall speak to a second agenda item until other individuals have had an opportunity to speak once; • Speakers providing comment on the same agenda item, shall be requested to limit their comments so as to provide additional information and not repeat the same information provided by a previous speaker; • Comments made during Open Forum will not form part of the minutes of the meeting; • The following matters will not be permitted during Open Forum: o Comments/complaints against Members of Council or Township staff; o Matters beyond the jurisdiction of Council or the Township; o Closed Session agenda items, including current or pending Page 2 of 255 Council Meeting Agenda - February 27, 2019 litigation, or Insurance claims and/or pending claims by or against the Township; o Comments with respect to Minutes of Council and Committees; o Comments that are contrary to the Municipal Freedom of Information and Protection of Privacy Act; o Comments with respect to any applications which have proceeded through a Public Meeting in accordance with the Planning Act, with the exception of comment related to a recommendation contained within the Staff Report. The Chair may conclude Open Forum prior to the 20 minute maximum time limit, for non-compliance with the Open Forum parameters, Conduct of Members of the Public, or any other reason. 12. Reports of Municipal Officers: 66-73 a) Report No. DS2019-20, Andria Leigh, Director, Development Services re: Short Term Rental Accommodations Update (Airbnb). 74-129 b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Community Services re: Simcoe County District School Board (SCDSB) School/Community Centre Partnership Update. 130-184 c) Report No. DS2019-19, Andria Leigh, Director, Development Services re: Proposed Amendments to the Growth Plan for the Greater Golden Horseshoe. 185-191 d) Report No. DS2019-21, Andria Leigh, Director, Development Services re: Proposed Tree Canopy and Natural Vegetation Protection and Enhancement Policy. 192-195 e) Report No. DS2019-22, Curtis Shelswell, Chief Municipal Law Enforcement Officer re: Exemption Request -Cormier Towing. 196-198 f) Report No. DS2019-23, Curtis Shelswell, Chief Municipal Law Enforcement Officer re: Canine Control Exemption Request, 2260 Lakeshore Road E. 199-202 g) Report No. HR2019-2, Tamara Obee, Manager, Human Resources, Health & Safety; Karen Way, Clerk re: Council Pregnancy/Parental Leave Policy. 13. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. Provides an opportunity for the Township's representatives at the County of Simcoe, and the Council members appointed as the Township's representatives at the Township's Partners and Agencies, to deliver updates on the activities of the County of Simcoe and the Township's Partners and Agencies. 203 b) Mayor H.S. Hughes re: Governance Peer Feedback. Page 3 of 255 Council Meeting Agenda - February 27, 2019 14. Consent Agenda: 204-207 a) Announcements of Interest to the Public: 1. Township of Oro-Medonte Notice re: 2019 Oro-Medonte Citizen of the Year and Ontario Senior of the Year Nomination, Deadline Thursday, February 28, 2019. 2. Independent Living Services of Simcoe County and Area Notice re: The Assistive Device Exchange (A.D.E.) Website and The Accessibility Resource Centre. 3. County of Simcoe Notice re: 2019 Age -Friendly Seniors Housing Grant Program, Deadline May 15, 2019. 208 b) Correspondence received February 10, 2019 from Ralph Giffen, Chairperson, North Simcoe Soil and Crop Improvement Association re: Severn Sound Environmental Association Letter of Support. Staff Recommendation: Receive for Information Only. 209 - 234 c) Minutes of Sustainable Severn Sound, Sustainability Committee meeting held on Thursday, January 10, 2019. Staff Recommendation: Receive for Information Only. 235-240 d) Correspondence dated February 20, 2019 from Anita Dubeau, Chair, Board of Health, Simcoe Muskoka District Health Unit (SMDHU) re: Public and Environmental Health Implications of Bill 66, Restoring Ontario's Competitiveness Act, 2018. Staff Recommendation: Receive for Information Only. 241 - 242 e) Correspondence received February 22, 2019 from Brenda and Dave Dorward re: Temporary By -Law, Short Term Rentals (AirBnB). Staff Recommendation: Receive and Consider in Conjunction with Report No. DS2019-20. 15. Communications/Petitions: 243-250 a) Correspondence from County of Simcoe re: Joint Accessibility Advisory Committee. 16. Notice of Motions: None. 17. By -Laws: 251 a) By -Law No. 2019-020: A By -Law to Repeal By -Law No. 2012-209, "A By-law to Appoint an Acting Chief Administrative Officer and to Repeal By-law No. 2009-060". 252-254 b) By -Law No. 2019-021: A By -Law to Establish a Heritage Committee and to repeal and replace By-law 2013-017 (Heritage Committee). 18. Closed Session Items (Unfinished Items): Page 4 of 255 Council Meeting Agenda - February 27, 2019 19. Confirmation By -Law: 255 a) By -Law No. 2019-019: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, February 27, 2019. 20. Questions from the Public Clarifying an Agenda Item: Questions from the Public Clarifying an Agenda Item provides an opportunity for the members of the public to seek clarification with respect to the decision which was made on an agenda item, the meaning of the decision and the next steps as a result of the decision. • Questions from the Public Clarifying an Agenda Item shall last no longer than 10 minutes; • Responses provided to questions posed during Questions from the Public Clarifying an Agenda Item shall be included within the 10 minute maximum time limit; • Each speaker shall be required to identify the agenda item they are seeking clarification on and provide their name and address, which may become part of the public record; • A speaker shall be limited to 1 minute per question; • A speaker may pose a question and then shall step aside to enable another to pose a question; • The Chair may conclude Questions from the Public Clarifying an Agenda Item prior to the 10 minute maximum time limit, for non- compliance with the above parameters, Conduct of Members of the Public, or any other reason. 21. Adjournment: a) Motion to Adjourn. Page 5 of 255 2.a) Motion to Adopt the Agenda. From: Muzi Liu <muzi.liu@gmail.com> Sent: Monday, February 25, 2019 10:12 AM To: Teeter, Janette <jteeter@oro-medonte.ca>; Way, Karen <kway@oro-medonte.ca> Subject: Council Meeting Feb 27, item 8 Deputations short term rentals Dear Janette Ana Karen, As we spoke on Friday, this is what I would like the council to hear. Thanks a lot! Dear council, Our family is very concerned with and oppose the proposal below. We are a family of four with a 3 year boy. I work in Barrie and my husband works in Mississauga. To make commute work, we split time between the two places to ease the commute time. In a stormy winter day, the house allows me to travel safely to work. We finance the house by renting it out during summer time to make the house more affordable. We love our home and we only bring guests that have good reviews into the neighborhood. We are not investors who try to make money with the property and we are merely just trying to make living more affordable. With new rules and regulations, we may be forced to sell our beloved family home. Proposal "Staff to draft OPA and/or ZBA and implement a registry/licensing registry system —this option would involve a comprehensive regulatory framework that would provide for a range of tools for the Township that have been utilized by other jurisdictions. This would include an Official Plan Amendment, Zoning By—law Amendment, and licensing regulations. This option would involve additional Official Plan policies to provide a general policy framework for STR's and include specific "use" definitions, the Zoning By-law Amendment would be used to identify the condition under which STR's would be permitted including: location, number of occupants/bedrooms, and parking. In order to establish a fee structure, licensing is also utilized, which provides the framework to register the STR's, to administer fees and, where required, fines for STR operators and property owners. This comprehensive approach provides the overall philosophy of the Township for STFI's through the OfficialPlan policies, the specific conditions/requirements though the Zoning By-law provisions, and the tracking, administration and enforcement through the licensing. This option would allow for the establishment of licensing fees to offset the Township staff costs to administer the program and would also allow for the ability to establish set fines for certain infractions to ensure quick compliance is achieved. Council is required to confirm the locations where STR's would be permitted or prohibited in order for staff to proceed with the drafting of the required amendments. Staff would be seeking direction from Council to determine the zones where the STR use would be permitted or prohibited, such as all residential zones, specific residential zones, the Agricultural/Rural zone, all commercial zones." Thanks for your consideration, Residents of 11 Stanley ave. Oro-Medonte Muzi Liu and family Page 6 of 255 2.a) Motion to Adopt the Agenda. From: Tamara S <tamara.scearce@gmail.com> Sent: Tuesday, February 26, 2019 2:41 AM To: Way, Karen <kway@o_ ro-medonte.ca> Cc:. Council <Council@oro-medonte.ca> Subject: Council Meeting Feb 27, 2019 Short Term Rentals Good morning to all Oro-Medonte Council, I have reviewed the staff report on Short Term Rentals and would like to add some additional comments which are not mentioned in the report for your consideration. I believe there is a need for balance when it relates to STR combined in an area with tourism and recreation. As homeowners we obviously would like to protect our neighbourhood both from a safety aspect as well as maintaining a peaceful environment. Some of the areas in the report are vague in terms of how the township would consider specific residential zones. Given our own recent experience with looking for a rental at a ski resort in British Columbia I think it would be prudent for staff to review the bylaws and zoning that Sun Peaks Municipality has put in place to deal with the similar situations. Council should also consider: • property size(ie. a home on 5 acres vs. 112 acre) • proof of insurance for rentals • property management available 2417 • length of rental • owner occupied STR rental vs absentee • defining STR vs. B&B • if licensing is going to be a requirement a % of licenses/permits per zoned area • other types of occupancy despite not being rentals but free hospitality https://www.couchsurfing.com/ https://www.warmshowers.orq • Link to Sun Peaks Municipality with excellent resources https:/lsunpeaks.civicweb.net/filepro/documents/9815 Thank you and I look forward to reading Council's report on this issue. Tamara Scearce Page 7 of 255 2.a) Motion to Adopt the Agenda. -------- Original message -------- From: William Lottering <william.lottering@gmail.com> Date: 2019-02-25 3:43 PM (GMT -05:00) To: "Hughes, Harry" <harry.hughes@oro-medonte.ca>, "Jermey, Scott" <scott.iermey@oro- medonte.ca>, "Veitch, Ian" <ian.veitch@oro-medonte.ca>, "Macpherson, Scott" <scott.macpherson@oro-medonte.ca>, "Keane, Cathy" <cathy.keane@oro-medonte.ca>, "Scott, Shawn" <shawn.scott@oro-medonte.ca>, "Greenlaw, Randy" <randy.greenlaw@oro-medonte.ca> Subject: RepReport No. DS2019-020 Report No.DS2019-020 Prepared By: DS2019-020 Council Andria Leigh, Director, Development Services Meeting Date: Subject: Motion # February 27, 2019 Short -Term Rental Accommodations Update Roll #: R.M.S. File #: D14 55794 Dear mayor, deputy mayor and councillors of Oro-Medonte, As we are unfortunately not in town this week, this is our response to the above report and meeting: We are responsible house owners in Oro-Medonte who occasionally rent out accommodations through Airbnb 2. We are concerned that council is moving too quickly with amending bylaws without gettinq adequate input from responsible homeowners such as ourselves 3. By occasionally renting as a retired couple, we generate a modest extra income for ourselves, and our guests contribute to the local economy often acting on recommendations by us to use the local facilities and shop in local communities 4. By our responsibility, we mean that conditions in and outside our home are strictly controlled. Guests are carefully selected. Before acceptance, guests must agree in writing that there will be no noise, damage or parking problems 5. We are present in our home when renting out to acceptable guests As for the town initiating new bylaws regarding STRs, we understand that it is a community concern. However, we oppose the current move to initiate bylaws without proper input of all stakeholders. We encourage council to take a balanced approach to the issue, in which our contribution to the local economy is positively recognized and supported. Sincerely, Mary Dempster and Will Lottering This email was scanned by Bitdefender Page 8 of 255 --------Original message -------- 2.a) Motion to Adopt the Agenda. From: Ray Wood <raywood27@gmail.com> Date: 2019-02-25 9:20 AM (GMT -05:00) To: "Way, Karen" <kway@oro-medonte.ca> Cc: ". Council" <Council@ora-medonte.ca>, veitchi@sympatico.ca, Christine Wood <christinewood6969 @gmail.com> Subject: Attention Karen Way. Airbnb Alpine Drive Moonshine Hi Karen. My wife Christine and I own a property on Alipne Drive Moonstone. We have rented the property to guests via airbnb.com and understand some Oro-Medonte residents are trying to stop property owners renting their homes on airbnb. Can you please add my email to your list of people to notify about anything to do with this matter. We are very concerned as we rely heavily on airbnb and short term rentals to rent a place in Toronto so Christine can be closer to her work in Mississauga. We can't make the Feb 27 meeting as we will be away be would be grateful if someone could register our objection and submit the attached letter on our behalf. Kind regards Ray & Christine Wood. Page 9 of 255 2.a) Motion to Adopt the Agenda. To The City of Oro Medonte Attention Ms Karen Way To Whom it May Concern POTENTIAL BY-LAW PREVENTING PROPERTY OWNERS IN ORO-MEDONTE RENTING TO SHORT TERM GUESTS. We write to express our concern about objections from a minority of property owners to short term and holiday renting in the city of Oro-Medonte. We are unable to attend the Feb 27 2019 meeting but request our objection be tabled at this forum or any other meeting where objections are made. We have been renting our home on Alpine Drive to guests via the home sharing app, AIRBNB.com for more than 2 years. In that time we have hosted more than 100 guests. We have NEVER had a negative experience and enjoy full support from our neighbours who are full time residents. (Confirmation can be supplied if required, please advise) We have very strict guest requirements in place. Unless they are the children of guests, all guests must be over 25 years of age. This is STRICTLY enforced. We require Airbnb verification that guests have a solid renting record and are of good standing in the home sharing or Airbnb community. In addition, we often conduct our own due -diligence to guarantee our guests ensure all neighbours are afforded 'quiet enjoyment' during their stay. Guest stays range from 4 months to a weekend but average a week or two. We only allow a full compliment of 6 Guests but our average number is around 4. Renting our home attracts guests from all over the world who enjoy skiing at nearby Mt St Louis Moonstone resort and patronize many other local businesses in Barrie, Midland, Orillia, the village of Moonstone, Coldwater and Warminster. We also retain the services of 3 local cleaners year round, two garden maintenance companies in the Summer and 2 snow clearing contractors in Winter Losing the opportunity to offer our home to short term guests would cause considerable hardship requiring us to move back to the property and Christine to commute up to 4 hours each day. We wish to register our objection to any changes in current by-laws and are available to further comment or consultation. Your sincerely, Christine and Ray Wood 7 Alpine Drive Moonstone 1 Oro-Medonte LOK1 NO Monday Feb 26 2019 Page 10 of 255 -------- Original message -------- 2.a) Motion to Adopt the Agenda. From: Olga Fainshtein <ofain2@gmail.com> Date: 2019-02-25 9:44 AM (GMT -05:00) To: "Hughes, Harry" <harry.hughes@oro,-medonte.ca> Cc: "Jermey, Scott" <scott.'erme @ aro-medonte.ca>, "Veitch, Ian" <ian.veitch @ oro-medonte.ca>, "Macpherson, Scott" <scott.macpherson@oro-medonte.ca>, "Keane, Cathy" <cathy•keane@oro- medonte.ca>, "Scott, Shawn" <shawn.scott@oro-medonte.ca>, "Greenlaw, Randy" <randy. greenlaw@ oro-medonte.ca> Subject: Re: Report No. DS2019-20 Good morning Council, Re: Report No. DS2019-20, Andria Leigh, Director, Development Services re: Short Term Rental Accommodations Update (Airbnb). We've been renting our home for almost a year now, mostly during the summer, and didn't have any issues with law enforcement. We are very responsible home owners, renting our home short term has helped us with our bills 1 taxes and given us an opportunity to enjoy our home. It doesn't sit well with us to acknowledge what type of changes might be coming our way if newly elected council decides to proceed with option 2 which we find to be a very aggressive licensing regime. We can't really understand why there should be a licensing regime when there are less than 5% of households that were complained about. The report states: "issues that have arisen to date for specific rental properties", how come these issues can't be resolved directly with these homes? Is there a problem with a homeowner? Is there a problem with their guests? Or is there a problem with a neighbor that simply doesn't like the idea of short term rental or any changes it brings? We've been using a property management company to take care of our home, if there are any issues, they are there within 15 minutes to assist and check on the guests. We've got security cameras to manage parking, number of guests and overall state of our home. Our property management team meets every guest that enters our home and makes sure a thorough screening is done beforehand. 90% of our rental is families with kids, another 10% are mature people, either it be couples or company retreats and they all follow a very strict set of rules. Our main concern is the peace of our neighbors, so we don't allow any parties or groups that consist of only younger people. While you state on your report that you are very keen on developing tourism, we feel that prohibiting short term in areas such as waterfront would reflect negatively on tourism. When people choose to come to our home, they don't choose it because it's on their bucket list to come to Oro-Medonte. They choose our home for the convenience, amenities and mainly a lakefront, meanwhile they don't know anything here, so we promote Oro-Medonte by sending them to check our local shops, stores and cafes, we are very proud that we can benefit others by doing so. We have also been using local cleaning teams to tidy our home. We understand that there are extra costs associated with Municipal Law Enforcement Officers or the OPP for noise and nuisance matters, but as I understand, if there is a problem — there is a fine and if there is a fine, then these extra costs are covered. If there was no fine, then it goes back to question the neighbor and their reasoning behind their complaint. Page 11 of 255 2.a) Motion to Adopt the Agenda. We might be open to a hospitality tax to help cover the expenses associated with dealing with problematic properties. 1 would imagine other decisions would be met with great opposition. thank you for your attention and will hope you come to a decision that benefits all of your tax payers. Sincerely, Olga Fainshtein 57A Maplewood Parkway Page 12 of 255 ----Original Message ----- From: Peter& Marianne Valjas <pmvaljas@bell.net> Sent: Sunday, February 24, 2019 3:17 PM To: Way, Karen ¢kway@oro-medonte.ca> Cc:. Council <Council@oro-medonte.ca> Subject: Short Term Rentals (specifically 32 Pine Ridge Trail) Hello, 2.a) Motion to Adopt the Agenda. We are strongly in favour of prohibiting short term rentals in Horseshoe Valley where we live. Our house is beside such a property. Each weekend we wait to see what kind of renters will appear. We have had to call the By-law Department a few times when the noise level in the backyard was extremely high at 1 and 2 in the morning. Sometimes up to Sam. As have many of our neighbours. There is a lot of drinking, smoking pot and use of profanities. We have seen huge fires lit in the forested backyard with flames reaching 10' high. We were afraid that the whole area would burn down. Apparently, Oro-Medonte doesn't require fire permits? We have had firecrackers go off on random weekends. We have caught renters stealing our firewood, on our security cameras. We have found a huge green garbage bag dumped on the forested hill in our backyard. It wasn't long before raccoons and other wild animals were tearing the smelly mess apart. We have complained to the owners, as have the other neighbours; however, the owners (Mike and Shannon Mills) are hard to reach as their phone is disconnected during the wee hours of the morning. They live down the street and are usually out of town on weekends in the summer. The owners of #32 apparently charge a penalty of $200 to the renters if they don't abide by the noise by-laws. So, in effect, the owners are making money on our suffering. Perhaps they should distribute that money to the neighbours affected! The Mills' have continued to rent out this property for short term rentals. Unfortunately, we are out of town on the 27th and cannot attend the meeting, hence we are sending this email with our concerns. We pay high taxes in this township and this is not the environment we want to live in, or to have our friends and family visit. Sincerely, Marianne & Peter Valjas 34 Pine Ridge Trail Barrie, ON L4M 4Y8 Sent from my iPad This email was scanned by Bitdefender Page 13 of 255 2.a) Motion to Adopt the Agenda. Township of Oro-Medonte From: John Fawcett <iohnfawcett53@gmail.com> Sent: Monday, February 25, 2019 8:44 AM To: Way, Karen <kway@oro-medonte.ca>; . Council <Council@oro-medonte.ca> Subject: Short Term Rental issues in Oro-Medonte. Thoughts & Comments for Feb 27 Council Meeting Good Morning Karen & Council; Please find enclosed our thoughts & comments for the up coming Council Meeting on Feb 27 for review regarding STR. Unfortunately, nd unable to attend and as this is a very delicate subject I felt compelled to provide my thoughts - especially, when we are impacted dramatically on Landscape Drive & Oakmont Ave with illegal Airbnb's popping up! Please find enclosed the following: `"`Short -Term Rental (STR) Accommodations - Airbnb or Similar Properties: Extract from Development Services Report No. DS2019-020 February 27, 2019 Option 2. Staff to draft OPA and/or ZBA and implement a registry/licensing registry system — this option would involve a comprehensive regulatory framework that would provide for a range of tools for the Township that have been utilized by other jurisdictions. This would include an Official Plan Amendment, Zoning By—law Amendment, and licensing regulations. The Town of Blue Mountains, the Town of Wasaga Beach, and the Town of Niagara on the Lake have all implemented this approach; the City of Toronto implemented this approach but are currently awaiting an LPAT hearing in August 2019; Prince Edward County has implemented the planning policies/regulations and is currently drafting the licensing regulations for implementation in 2019. This option would involve additional Official Plan policies to provide a general policy framework for STR's and include specific "use" definitions, the Zoning By-law Amendment would be used to identify the condition under which STR's would be permitted including: location, number of occupants/bedrooms, plus parking levels. in order to establish a fee structure, licensing is also utilized, which provides the framework to register the STR's, to administer fees and, where required, fines for STR operators and property owners. This comprehensive approach provides the overall philosophy of the Township for STFI's through the Official Plan policies, the specific conditions/requirements though the Zoning By-law provisions, and the tracking, administration and enforcement through the licensing. This option would allow for the establishment of licensing fees to offset the Township staff costs to administer the program and would also allow for the ability to establish set fines for certain infractions to ensure quick compliance is achieved. in either Option 1 or 2 noted above, direction from Council is required to confirm the locations where STR's would be permitted or prohibited in order for staff to proceed with the drafting of the required amendments. Staff would be seeking direction from Council to determine the zones where the STR use would be permitted or prohibited, such as all residential zones, specific residential zones, the Agricultural/Rural zone, all commercial zones. Page 14 of 255 2.a) Motion to Adopt the Agenda. ***Airbnb Designated or Similar Properties in Horseshoe Valley/Settlement Areas: ***General Recommendations: 1. Agree with The Oro-Medonte Township Option 2 recommendation. (Well done Andria L Q) 2. Airbnb Designated or Similar Properties to be prohibitive/restricted in Settlement Areas specifically the Highlands Residential Zones. 3. New Bi -Law to apply to ALL Airbnb or similar with NO Grandfather clause consideration! 4. Additionally, I agree to ensure the Implementation of a fully licensed/fee structured system, through data integration preventing saturation in selected designated demographic areas & controlled by the Township. 5. Higher Property Taxes should be implemented to those approved Short Term Rental, Airbnb properties or Similar. 6. Direct action be taken by the Bi -Law Dept. (in conjunction & agreements with Airbnb data system or the like plus direct feedback from the Public!): Any Airbnb designated or similar properties that appear overnight & not licensed or approved by Township administrators! Impose Large penalties/fines/shut down immediately! 7. There are currently 3 new properties at the corner of Oakmont Ave and Landscape Dr that I believe are owned by the same individual or group of individuals. 77 Landscape Dr is rented out just about every week to different people. My neighbour has personally counted 23 people going in at one time with 7 vehicles in the driveway and spilling out onto the road. I suspect there were more inside that they were unable to count. We have no idea where all these people sleep? Curtis Shelswell is fully aware of this property and has been monitoring it but still the Airbnb property continues to operate even though it is illegal and started up after the temporary Bi -Law was introduced last June! ***Bi -Law enforcement - Strict Controls/shut down and Fine. For any Legal STR Strict regulations on occupancy levels should not exceed a max of 4, with special approvals up to 6 Max. Noise control, garbage and parking controls implementation. & Observed Party homes to be restricted in designated Residential areas, specifically Settlement Residential Areas, where people reside full time! We as full time residents did not sign up for this at the outset, when there is ample rental units with Carriage Hills Resort & Horseshoe Valley Resort available! 9. Finally, As there has been much pushback on Airbnb or similar rental properties in many Townships & Cities plus throughout the world - implementing strict regulations may help vacation rental websites such as Airbnb, HomeAway, VRBO etc identify the legally licensed properties on their websites knowing approvals/licences have been granted by the Authorities having jurisdiction as long as these sites have the capability within their system to recognise legal licences that have been approved - all Illegal properties should immediately be removed and penaltieslfines applied. All the Best - Keep Smiling John & Jan email: johnfawcett53@gmail.com John Mobile: 905-715-0630 Janet Mobile: 905-715-1800 Sent from my iPhone This email was scanned by Bitdefender Page 15 of 255 2.a) Motion to Adopt the Agenda. From: HVPOA Contact <hvpoacontact@gmail.com> Sent: Tuesday, February26, 2019 8:08 AM� To:. Council <Council @ aro-medonte.ca>; Veitch, Ian <ian.veitch @ oro-medonte.ca>; Way, Karen <kwa @ oro-medonte.ca> Cc: Linda Myles <my_les.linda@gmail.com> Subject: HVPOA Fetter to Council Regarding Short Term Rentals Mayor Hughes, Township Council and Town Clerk Way, Please find attached a formal communique to the Township regarding the HVPOA's position on short term rentals as decided by the Board of Directors. We want to commend Township Staff for preparing a comprehensive report to Council and we hope that Staff and Council will adopt the additional recommendations contained within our communique. Please do not hesitate to contact us should you have questions or require clarifications. We look forward to attending tonight's Council meeting. Thank you, Linda Myles President, HVPOA This email was scanned by Bitdefender Page 16 of 255 2.a) Motion to Adopt the Agenda. February 26, 21.09 To: Oro-Medonte Town Council, Town Clerk Re: HVPOA Board of Directors Response to.Oro-Medonte Staff Report DS2019-020 and Short Term Rentals in Oro-Medonte We would like to start by thanking Andrea Leigh, Director of Development Services for a comprehensive report about the issue of Short -Term Rentals (STR) in the Township of Oro-Medonte. As you are aware, Horseshoe Valley Property Owners Association represents over 500 households, all property owners in Horseshoe Valley. Many of our members moved to this area for a four season, active lifestyle and the recreational opportunities in the Township. The very reason many of our members live in Horseshoe Valley is the same reason there are thousands of visitors who flock to this area every year. Tourism is an important industry in Oro-Medonte. The HVPOA Board understands and accepts that fact. Some of our members are in fact currently renting out rooms or basements as STRs. The Board's position on the issue is a balanced approach taking into consideration the needs of the tourism industry while protecting the rights of homeowners and residents. The HVPOA Board also understands that Oro-Medonte is just one of many municipalities struggling to balance the rights of property and home owners with the rights of people involved in the Short -Term Rental industry. Our position is as follows: We strongly encourage Town Council to approve the extension to the Interim Control By -Law No. 2018- 071 as requested in the Staff Report DS2019-020. This will give the Staff more time to review best practices and the experiences of other municipalities. 2. There is a need for regulations and or licensing to be placed on any STRs in Oro-Medonte. These regulations need to consider the following issues: a. Is the location of the STR the primary residence of the operator and will they be on site during the duration of the paying guest's stay (like the traditional Bed & Breakfast)? b. Council already regulates home -owners who want to carry on business as a 'Bed and Breakfast.' The existing By -Law requires a zoning change when a Bed and Breakfast is operated in residential areas. This should also apply to STRs. Page 17 of 255 2.a) Motion to Adopt the Agenda. c. The existing Bed and Breakfast By -Law in Oro-Medonte effectively limits the number of occupants by limiting the number of rooms that can be rented to a maximum of three rooms. Limits like these should also be placed on STRs d. If the entire house is being rented for a short term (less than 4 days), the primary resident homeowner is required to be on site. We DO NOT support entire homes being rented for a short term. These types of rentals should be considered commercial businesses and should NOT be allowed in residential areas. e. There should be limits placed on the number of occupants permitted in a single-family home. A cap of 7 or 8 occupants should be considered. f. Is the home on a private septic system and if so, the number of guests cannot exceed the approved capacity of that system? g. There must be proven adequate parking on site for the number of approved guests. 3. We are fully aware that new illegal STRs are being added to the supply in Oro-Medonte even though an Interim Control By-law restricting the opening of any new STRs was passed in July 2018. The operators of these illegal STRs should be stopped until regulations and or licensing are in place. 4. Any costs incurred by the Township for the administration of licensing or the enforcement of regulations should be cost neutral to the tax payers. These costs should be incurred by the owner/operators of these rentals. 5. The rights of home owners who live in the same community as STRs to peace and quiet and privacy is paramount and should be protected. 6. The existing traditional cottage rental industry and the traditional Bed & Breakfast owners should not be affected by new regulations or licensing. 7. There should be no "grandfathering" of STRs that were established prior to the enactment of regulations or licensing. Once again, we are aware that new STRs are being added to the supply in Oro-Medonte illegally even though there has been an Interim Control By-law in place since June 2018. 8. There should be a significant fine levied against STR owners that violate the regulations with a low -zero tolerance for multiple infractions. Thank you for taking the time to consider our position. I would be happy to answer any questions Council or staff might have. Linda Myles, President HVPOA Page 18 of 255 z 2.a) Motion to Adopt the Agenda. Barry Sookman 187 Armour Blvd. Toronto Ontario M3H-1M3 bsookmanc amail.com 647-298-0414 February 26, 2019 Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL2E0 Attn: All Members of Council E -Mail council oro-medonte.ca Cc Andria Leigh aleigh@oro-medonte.ca Re: Short term rentals I am writing to provide my views on what steps the Township should take, if any, to address short term rentals. This letter is being submitted in anticipation of, and for consideration of, the Council meeting on February 27, 2019 and in response to the report of Andria Leigh, Director Development Services prepared for the Council meeting on February 27, 2019 (the "Report"). I would like to thank the Council for taking the time to consider the best policy framework for dealing with short term rentals. For the reason given below, I do not agree that the options in the Report are appropriate for Oro-Medonte. However, I would nevertheless like thank Andria Leigh for asking the new Council for direction and for preparing the Report for this purpose. I would also like to thank members of Council, and especially Councillor Greenlaw, for taking the time to get community input. In my view, there is no pervasive problem in the Township to justify an expensive and overly restrictive comprehensive licensing/zoning regime that would make, or have the effect of making, short terms rentals (STRs) illegal or inhibit responsible renting. Certainly, no drastic steps should be taken to restrict STRs without research, not yet undertaken by the Township, into the benefits of STRs to the community as a whole and the adverse consequences to the Township's economic and development objectives of restricting STRs as proposed in Option 2 of the Report. To be clear, I believe that STR home owners should act responsibly to ensure that neighbors are not disrupted by STRs including by excessive noise, trespassing guests, unsightly garbage, parking on streets or other nuisances. I personally screen potential guests and require agreement to stringent rules. A copy of my rules is attached as Appendix 1 to this letter. I also send guests an email before they arrive reminding them of Page 19 of 255 2.a) Motion to Adopt the Agenda. -2- my rules. An extract from my welcome message is also attached to this letter as Appendix 2. Property owners should act proactively to monitor for potential problems and then to act diligently if one is discovered. A property owner's contact details should be available to neighbors just in case. Further, Township bylaws should be effective to deter irresponsible guests and property owners and these laws should be enforced, fully funded by property owners that engage in STRs. STRs properties should also comply with building, fire, septic and similar Township bylaws and should be subject to inspection, as any other property in the Township. My proposals below are intended to balance the interests of property owners who engage in STRs, neighbors who can be affected by them, and the community as a whole who benefit from increased tourisms associated with STRs. In my view, responsible property owners should continue to be able offer their homes to respectful tourists and guests and supplement their incomes and home carrying through STRs. Should the Township believe some immediate action is necessary to address the perceived existing problems with a few rental properties, there are several reasonable and effective steps the Township could take which would not have the potential unintended consequences associated with a restrictive and expensive licensing/zoning regulatory regime. First, the Township could establish a registration or simple business license system to know which homes are being made available for STRs and whom to contact in the event of a complaint. A registration system would enable the Township to collect registration fees. These could be used defray the costs of increased enforcement, if considered necessary, and to facilitate collection of the 4% Municipal Accommodation Tax. It could also be used to inspect or vet STR properties for compliance with Township building, septic and fire codes and similar bylaws. Second, home owners that engage in STRs should be required to act responsibly. This can be accomplished by increasing enforcement of existing laws and by amending existing by-laws and increasing fines to address any nuisances caused by any problem properties. A comprehensive licensing/zoning regime would be expensive to establish and operate. These costs would very likely not be fully recovered by the Township. It could likely also not be put into place for 2-3 years. Last, it would not be effective to shut down or limit existing STRs because of the provisions in the Planning Act and the Municipal Act. It is, therefore, not a panacea to any current perceived problems. Unlike a comprehensive zoning and licensing regime, thee two proposals suggested above could be put into effect before the start of the summer, would not require any major investments by the Township, would be regarded as a compromise by all stakeholders (including hosts, neighbors, and local businesses and contactors that benefit from STRs), and would be unlikely to be subject to any costly and protracted legal challenges. Further, while even these steps would represent more regulation of STRs than any other comparable Ontario rural municipality they would not be so far out of step with other rural Page 20 of 255 2.a) Motion to Adopt the Agenda. -3- municipalities as to project Oro-Medonte as unfriendly to tourists looking for a community they can visit and enjoy in a home rental setting. In the balance of this letter, I elaborate on my views expressed above. I canvass below the scope of the problem in the Township, the benefits and challenges with STRs, as well as the pros and cons of the different possible solutions for regulating STRs. Scope of problem A first step in evaluating what steps, if any, should be taken with respect to STRs is to understand if there is a problem for which a solution is required, and if so, its scope. The Report does not attempt to address in a significant way the scope of the STR problem in the Township. It states: there are a total of 14 properties in the Township which have been brought to the attention of Council or staff regarding their usage as short-term rentals and the conflicts that are occurring with the surrounding residential uses, which have resulted in complaints to Municipal Law Enforcement Officers or the OPP for noise and nuisance matters. In most of these cases, the complaints received by staff are not one time occurrences but recurring situations. The actual number of potentially problematic properties in the Township is actually quite low. The references to "14 properties" are not bounded by time and so does not necessarily reflect the current conditions in the Township. It also doesn't qualify the number of complaints by the number of verified complaints' or compare the number of complaints about STRs relative to the number of complaints about other properties. This makes any real assessment of the scope of problem anything beyond anecdotal. From independent inquires to the Chief by-law enforcement officer in the Township, I understand that in the last 12 months there have been, perhaps, a dozen unverified complaints about properties doing STRs. Moreover, in the same 12 month period there were approximately only 3 properties with 3 or more unsubstantiated (unverified)complaints (a "problem property"). This is a relatively small number of properties. The Report states that the Township identified "over 300 properties in Oro-Medonte currently listed for rental over the various internet sites". Thus, even assuming each of the problem properties poses some Problems for neighbors, and assuming there are only 300 properties being rented on a STR basis, the number of problem properties is perhaps 1 % of the STR properties. This suggests that 99% of STRs are not a cause for concern in the Township and that any policy that would restrict STRs would impose burdens on 99% of property owners to address a problem 'Some neighbors simply oppose STRs and make complaints or exaggerate problems because they just want to make STRs illegal. 2 The actual number could be higher because it does not include other ways in which people engage in STRs including by advertising on sites like Craigslist, people that re -rent properties without advertising, and word of mouth rentals. Page 21 of 255 2.a) Motion to Adopt the Agenda. -4- caused by the 1 % . Moreover, if one assumes that only a small fraction of visitors cause problems at the problem properties, restrictions that prohibit or limit STRs even at these properties could be expected to affect many law abiding and responsible families who would want to visit Oro-Medonte. Of course, many more potential visitors would be affected if restrictions are imposed on the 99% of non -problem properties to deal with a few problems at the remaining 1%. The Report contains no data indicating that the actual number of properties for which there have been complaints (verified or unverified) has increased over the prior 12 months. Thus, while it may be reasonable to assume that more properties are being rented on a STR basis in the Township in the last 12 months over the prior 12 months, the Report does not provide evidence of any corresponding increase in the number of problem properties.3 The reported problems associated with STRs appear largely to focus on noise, parking on street, garbage not being properly disposed of, and trespassing. There have also been some concerns expressed that some properties may not comply with building (including septic) or fire code by- laws. The scope of these problems is not assessed in the Report. I recognize that a very few number of STR property owners may not exercise the degree of care, diligence, and responsibility one would expect from a property owner. One might reasonably expect that the Township would have, or be able to put in place, reasonable measures to be able to take enforcement measures against such owners where there are repeated verified complaints from conduct permitted by them. When making policy to tackle problem properties, the Township should take into account both the documented verified problems associated with STRs and the benefits and costs to all stakeholders of taking measures to restrict STRs. From the information available however, it appears that a comprehensive licensing/zoning by- law is a complex solution in search of a much bigger problem. Below, I canvass some of the benefits of STRs; benefits I submit should not be overlooked in deciding what steps, if any, should be taken to regulate STRs in the Township. Benefits of short term rentals to Oro-Medonte STRs benefit the Township in many ways including the following. Short term rentals foster Oro-Medonte's economic and development strategy and are good for the local economy: Tourists have a choice as to which destinations they can visit. Increasingly, tourists, especially families, favor STRs over hotels because they enable families to gather and spend time together in one place. In my experience, vacationers from Greater Toronto 3 In a report to Council from Andria Leigh and Curtis Shelswell dated February 28, 2018 the Township estimated the number of STRs being advertised through platforms such as Airbnb and VRBO was between 160-270 properties. Assuming both reports are accurate, there is no corresponding evidence that the number of problem properties has increased. Page 22 of 255 2.a) Motion to Adopt the Agenda. -s- and other parts of the province, other provinces, the United States, Europe, and even Australia choose Oro-Medonte as a destination because of the attractive STR accommodations here. In many cases, tourists learn about Oro-Medonte when they review listings on rental platforms that highlight its attractions and by responses from STR operators to inquiries about local amenities. If the Township makes STRs illegal or restricts the number of homes or spaces that can be rented out (such as under the guise of comprehensive licensing/zoning regime) tourists will go to friendlier destinations where STRs are available or to better known popular tourist destinations. They can go almost anywhere else in rural Ontario as none of the surrounding comparable communities has a comprehensive licensing/zoning regime that restricts STRs. Oro-Medonte's 2015-2022 Economic Development „Strategy, finalized in September of 2017, affirmed the important goal of developing "Oro-Medonte as a premier four -season tourism destination" (Objective 3) and working "to develop an action plan for tourism development" .4 The Report does not examine whether any of the proposed strategies for regulating STRs would be consistent with, support, or undermine the Township's economic and development strategy. In my submission any restrictive approach to regulating STRs should take its total economic impacts into account. STRs are good for the local our economy. Short term rentals expand the tourism economic pie by making travel to rural communities more accessible for families and others in need of affordable options. See, Airbnb, Beyond cities: How Airbnb supports rural revitalization. Many leisure tourists cite cost as a major consideration for whether to visit a place and "onerous and unnecessary" rules on short term rentals deter people from coming. This was a finding in a recent study by an Australian Chamber of Commerce which warned against clamping down on STRs through regulations. According to a Chamber representative "Every other State has closed this debate and dismissed alarmist calls for onerous regulation for the simple fact that it makes accommodation more expensive and will drive tourists to other destinations". In recognition of this some United States jurisdictions have recently taken steps to ban regulations targeting short term rentals to expand and promote tourism and, rather than regulating them as BNBs, have proposed to reduce regulations on BNBS to enable them to complete with STRs. For example, the State of Arizona enacted a law to ensure that STRs can't be prohibited (although health and safety, noise, nuisance and property maintenance by-laws would be permitted). The States of Maine and Florida are proposing similar laws. So is the State of Nebraska. According to a Senator backing the law "Airbnb is... an important addition to our efforts to expand and promote tourism in Nebraska." Vermont recently proposed rule changes to level the playing field in that States to enable licensed lodging properties to compete with short term rentals. The State's tourism commissioner said, in advocating for the rule change, "her department sees short-term online rentals as a legitimate accommodation option for visitors and part of a healthy tourism economy." When guests visit properties in the Township they often visit popular attractions. I know guests I have hosted have asked about and taken their families to Horseshoe Resort, Mount St. Louis Moonstone, Hardwood Ski and Bike, as well as swimming, boating, and fishing in our local 4 This plan re -enforced similar goals set out in the Oro-Medonte Economic Development Plan (Sept 2011). Page 23 of 255 2.a) Motion to Adopt the Agenda. lakes (Simcoe and Bass lakes), biking, snow -shoeing and skiing, among other things. They also go to various restaurants, stores, festivals and event grounds in Oro-Medonte and Orillia, among others. While some of the destinations tourists visit may be in other municipalities, some Township residents own businesses and are employed in those locations. Home owners in the Township also employ local residents for a variety of services including home cleaning and maintenance. STR property owners also make investments to improve the condition of their properties. This creates employment for local contractors and increases municipal property taxes. The economic benefits of STRs were a, express finding made by Prince Edward County in its Short -Term Accommodations: A Discussion of Issues and Options papers The benefits include providing accommodations for tourists that are in short supply, as they are in Oro-Medonte. We should not_le i� slate_in_ways that hurt these local resident stakeholders, at least not without thoroughly studying these impacts. STRs help residents supplement their incomes and the costs of their homes: Township residents use STRs to earn supplemental income that is used to pay their mortgages, taxes and other costs of ownership including repairs, maintenance and utilities. I use STRs for this purpose. This is important for residents where the property is their primary residence, but it is especially important for residents where the property rented. out is a secondary (or vacation) property. We should not legislate in ways that makes owning secondary (or vacation) homes in the Township unaffordable including making it unaffordable to purchase a secondary property that can be used and enjoyed post retirement (something that is part of my retirement plan). Well established practices should not be interfered with: Some Township residents have been renting their properties (especially secondary properties) for many years, in some cases decades. As the Report noted, STRs operating in the Township prior to the interim control by-law were doing so legally and in compliance with existing zoning rules.6 The Township should, consistent with planning principles, not attempt directly or indirectly to interfere with lawful non- conforming uses. It should also not create a host of unintended consequences on residents that rely on STRs to earn income including defraying the costs of ownership or creating new regimes that impose new burdens on otherwise law abiding residents of the Township or otherwise restrict property owners from utilizing their property rights. It will be a major challenge to draft 5 "Tourism:" "The County depends on a healthy local tourism sector. An appropriate form and degree of STA rentals may be needed to contribute to demands for roofed accommodation." "Economic Impacts" "STA rentals can contribute a number of positive economic benefits. Persons who rent out rooms in their home may cam important additional income needed to sustain an adequate standard of living. Many people are employed in maintaining STA rental properties, particularly where the property is owned by persons outside of the County. For some, STA rental homes may be viewed as a good investment. In such cases, developers may realize an expanded market for units in their projects." "Tourism is an important industrial sector in the County. Roofed accommodation is in short supply and STA rentals may assist in accommodating demand..." 6 The Report acknowledged this stating "Generally speaking, the renting of a private residence is not subject to zoning regulations (there is no differentiation between a renter and an owner)." Page 24 of 255 2.a) Motion to Adopt the Agenda. -7- any new zoning or licensing rules that distinguishes between those STRs the Township wants to target and those that are innocuous. STRs can be a source of new taxes and revenues: The Province of Ontario passed the Municipal Accommodation Tax. It permits municipalities to charge 4% of the listing price for STRs. This tax can be collected directly from guests by Airbnb. Numerous municipalities have opted to take this route. A registration system could be an additional source of revenues. The Township could use revenues for a variety of purposes including the costs of enforcement. The Report does not calculate the amount of the foregoing revenues associated with the various proposals to regulate STRs. Yet, these foregone revenues should be considered as part of developing a strategy for or re ulatin or not regulating STRs. Avoids costs and expenses for the Township: Regulation of STRs could involve new costs for the Township. These costs could include the costs of establishing and operating a licensing regime and the increased enforcement and compliance costs including the possible expenses associated with a new administrative regulatory regime if the Blue Mountain approach is adopted. The Report did not provide even an estimate of these costs. It also did not estimate the possible costs of defending legal challenges should any proposed regulatory framework substantially impact legitimate STRs. It is hard to see how any decision concerning STRs such as a decision to implement a restrictive licensing/zoning licensing/zoningregime could be made without examining all these costs, especially as they relate to the overall Township tax base and budgets., In short, there is a relatively small problem that affects some residents of the Township. However, there are also overwhelmingly good reasons why STRs should be promoted rather than discouraged by the Township. A decision on how to regulate STRs should not be made prematurely The Report recognizes that any approach to dealing with STRs must take a variety of considerations onto account: Any potential solution/approach for Oro-Medonte needs to consider: minimizing the potential conflicts/compatibility issues between the current residential community and these short term rentals, recognize any economic impacts the rentals can have on the community, recognize the Township's focus as a tourist/recreation destination, consider the potential financial implications to the Township and the impacts on current staff resources or the need for additional staff resources, and the anticipated outcome of the solution for the Township, its residents, and the STR operators. Despite recognizing considerations to be taken into account in deciding what, if anything, should be done about STRs, the Report only focuses its research on outlining the different possible ways of regulating STRs. Also, the Report focuses entirely on municipalities that have or proposed to regulate STRs. It completely disregards the overwhelming number of rural municipalities that have done nothing or have decided, after study and public consultation, to decline to regulate STRs. The Report also does not examine the significant differences between Township and other Page 25 of 255 2.a) Motion to Adopt the Agenda. -s- municipalities that have taken or proposed to regulate STRs in assessing whether they are useful precedents to rely on. Just as important, the Report does not include any research on the positive economic benefits of STRs on the community, the implications on the Township's goal of growing as a tourist/recreation destination, the financial or staffing implications to the Township, or the overall economic costs and benefits of the different approaches it could take to regulating STRs. The Report proposes that "Once Council provides direction on the preferred option, staff will complete further analysis of these implications to Township staff and report back to Council with a further update". This approach should not be approved by Council. If the goal of regulating STRs is to "not to throw out the baby with the bathwater" one needs to know before pullinga plug what is the baby and what is the bathwater. It is submitted that the proposed approach "puts the cart before the horse". A sound approach for deciding whether and how to regulate STRs is to analyze the implications of each approach before deciding what regulatory steps, if any, to take. This is especially important if the approach to be approved by Council now is one that involves a comprehensive licensing/zoning regime that has at its principle focus limiting and restricting responsible STRs. Such a decision by Council would be premature. There are, however, reasonable approaches that can be taken immediately that would address current problems and not detrimentally affect other important goals of the Township. These are discussed below. Options for dealing with short term rentals in Oro-Medonte I submit that any policy towards STRs should targetpecific problems being encountered in the Township. It should not over -regulate in ways that would have over-all adverse consequences including on businesses and working men and woman of the Township and on homeowners who rely on STRs to help finance the costs of home ownership and their ability to enjoy living and vacationing in our community. Below, I outline different possible approaches for dealing with STRs in Oro-Medonte. My Option 1: do nothing There are a few vocal individuals who have complained about STRs in the Township. Other municipalities faced with similar situations have decided that the problems associated with STRs were not serious enough to establish any regulatory regime, or to outweigh the adverse consequences of doing so. Some municipalities like the townships of Blue Mountain, Niagara on the Lakes, and Wasaga Beach have established comprehensive zoning/licensing regimes. However, as detailed below, these are popular tourist destinations with a plethora of accommodation options and are not comparable to Oro-Medonte. In fact, no comparable Ontario rural municipality has so far Page 26 of 255 2.a) Motion to Adopt the Agenda. enacted any comprehensive licensinglzoning rules to deal with STR. It would be unprecedented for a community like Oro-Medonte in Ontario to adopt such a regime. Doing nothing to regulate STRs would not be inconsistent with decisions made by other rural municipalities outside of Ontario. Examples include: York (Township, Maine) rejected a proposed Ordinance after a public meeting. According to a report: "Board members agreed with those who said the proposed ordinance — which they asked the Planning Board to develop last year -- was a case of government overreach. While they said they sympathized with those who have had issues with rental properties in residential neighborhoods, they felt that for the most part a few complaints were driving an unacceptable solution... most of the speakers who took to the podium Monday said the ordinance was a solution in search of a problem." • Lenox (Township, Massachusetts) voted down a proposal for a by-law, registrations and inspections recommended by the local Planning Board. • Stonington (Connecticut): The Planning and Zoning Commission decided not to regulate short-term rentals. According to a report, quoting from a local real estate agent "...it helps buffer the tax base, makes people keep up their properties and buy more houses, too...People who come for the summer or come for a few weeks at a time, those are the people who actually end up buying here". My Option 2: Registration or simple business license solution: Some smaller municipalities in the U.S. have enacted Iimited registration requirements for STRs. Registration facilitates collecting taxes and may allow for inspections including for building code and septic requirements. Examples of this model include Alexandria (Virginia, enacted a simple STR registry); Ocean City (New Jersey, enacted a registration/inspection ordinance), and Warwick (New York, also enacted a registry/inspection regulation). According to the Report, the Township of Ramara has asked STR owners to register with the Township.7 A registration system would enable the Township to collect registration fees. These could be used defray the costs of increased enforcement and to facilitate collection of the 4% Municipal Accommodation Tax. Such a system could also be used to help the Township identify properties it may want to inspect for compliance with building code, septic, fire and other similar bylaws. A similar approach would be a requirement that STR operators obtain a simple business license. For example, according to the Report the Township of Ramara is considering a bylaw to require all STRs to pay an annual license fee in order to operate. A business license requirement could also be used to vet properties for compliance with building code, septic, fire and other similar bylaws as a condition of approval. The Township would need to consider whether it wants to incur up front costs of inspecting each property or reserve an ' According to the Report Ramara is exploring whether zoning changes are needed and is considering requiring a license to enable the Township to collect annual fees. Page 27 of 255 2.a) Motion to Adopt the Agenda. -10- inspection right to deal with complaints. Under this option, and unlike Report Option 2, the business license requirement would not form part of a general comprehensive license/zoning regime that could significantly limit STRs in the Township. (See below, comments Report Option 2) I recommend this option (as well as My Option 3 below). My Option 3: Enforce and/or Amend Oro-Medonte Noise and Nuisance by-law (hy-law 212-167) The Township has existing tools to use against property owners who permit their properties to be used to disturb neighbors. Section 430 of the Criminal Code contains the offense of mischief. It can be used in a variety of circumstances including if a person "obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property" or "obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property". There is also a Provincial law that addresses trespassing. The Township could also step up enforcement of the Noise and Nuisance by-law using revenues from a registration system to help fund the enforcement. Another viable solution is to review and amend the Township's Noise and Nuisance by-law to address gaps in the by-law associated with short term rentals. The by-law could, for example, apply earlier in the evening than 11 pm or include higher and more specific graduated fines to promote enforcement. This is the approach, not mentioned in the Report, the City of Kawartha Lakes endorsed. According to a report, similar to here, the City had received complaints about 7 problem properties. That was "Not enough to make major changes according to officials." City staff recommended and council supported monitoring STRs, enforcing the laws already in place, amending existing by-laws including to increase fines for repeat violations of the by-laws, and to increase proactive enforcement of by-law violations. Fines are charged only when a violation is found to be verified to protect owners of STR properties from vexatious complaints. According to the Report, Ramara is also considering a noise by-law to address STRs. There is flexibility under s.128(1) of the Municipal Act to enact by-laws that prohibit or regulate matters that, in the opinion of council, are or could be, or cause public nuisances. There is also authority under s.129 the authority to establish system of fines for offenses. The authority includes establishing escalating fines for a second and subsequent convictions for the same offence. It also includes the power to establish special fines "to eliminate or reduce any economic advantage or gain from contravening the by-law". Under s.434.1 the Township can also levy administrative penalties "to assist the municipality in promoting compliance with its by-laws". In short, under the authority conferred by the Municipal Act, the Township has the power to target STR problem properties and to ensure that fines will not be regarded as mere costs of doing business. Page 28 of 255 2.a) Motion to Adopt the Agenda. I propose a framework for a graduated system of fines in Appendix 3 to this Letter. This proposal would obviate any need to establish a comprehensive licensing/zoning regime including a new zoning by-law, licensing regime, property standards by-law, and a demerits point system, as implemented in Blue Mountain as part of its short term accommodation licensing and other rules. I also recommend this option. My Option 4. Zoning (and official plan) changes At present, the number of STRs in Oro-Mcdonte is limited. The practice was restricted by the interim by-law passed by the Township. If the Townships wants to stop further properties from offering STRs it could consider its authority to enact a by-law to do so subject to the requirement to comply with the Planning Act and other legal requirements. (This is Report Option 3 -Prohibit STRs) I do not recommend this. The Township could also consider amending current zoning rules to prescribe restrictions on properties proposing to start carrying on STRs. An example is the zoningrp oposal by Prince Edward County. Other Townships such as the Town of Wasaga Beach, the Township of Niagara, and Blue Mountain also engaged in rezoning, although the latter three also took other steps. (This zoning proposal is Report Option 1)8 This proposal would not restrict existing non- conforming uses because of s.34(9) of the Planning Act. However, amendments to the Township's current Noise and Nuisance by-law could address the very limited number of persistent problem properties, if any that remain after this Township process. However, comprehensive amendments to Township zoning rules are not warranted based on information in the Report and would be premature. The Report does not attempt to evaluate the economic impacts of restrictive zoning rules, particularly on a rural municipally that is trying to grow tourism and which does not currently have an abundance of other accommodation options as do more popular destinations. A decision about zoning entails deciding whether STRs will be permitted in all residential zones or only in some. That decision should not be made without an understanding, at the very least, of which STRs help the Township economically. For example, the Township aspires to attract s This option is described in the Report as follows: Staff to draft OPA and/or ZBA to set out areas where STR's are permitted or prohibited and to define different kinds of STR's (B&B vs rental homes/cottages) — This option would add new Official Plan policies and Zoning By-law regulations to the Township's planning documents to confirm locations where STR's would be permitted or prohibited. This option would put in place certain conditions through the zoning by-law that STR's would need to adhere to and that would be enforced through the Planning Act/Zoning By-law by the Township Municipal Law Enforcement Officers. Some of the conditions to be put in place would include parking, occupancy, and servicing. While this option to proceed with additional planning policies and definitions for STR's would definitely assist the Township, it would continue to rely on enforcement of STR's through the Provincial court process and may not be sufficient in addressing the challenges and concerns that have arisen with STR's in Oro-Medonte. Page 29 of 255 2.a) Motion to Adopt the Agenda. -12- tourists throughout the year including in the summer and winter. A decision to limit STRs to shoreline properties, therefore, would negatively affect attracting tourists to the Township's skiing, hiking, golfing and other amenities. Before the Township makes any such decision to limit STRs to particular zones, it should first research the pros and cons of restricting STRs including the overall potential adverse effects on the local economy and community. A decision to restrict STRs through zoning should be done only after the consequences are fully considered and not before e.g. the cart before the horse problem referred to above. Report Option 1 should also not be accepted by Council. My Option 5: Comprehensive zoning and license regimes (Report Option 2) The Report seeks confirmation that the Township should pursue an approach described as "OPA and/or ZBA and implement a registry/licensing registry system". This approach is summarized below as follows: 2. Staff to draft OPA and/or ZBA and implement a registry/licensing registry system — this option would involve a comprehensive regulatory framework that would provide for a range of tools for the Township that have been utilized by other jurisdictions. This would include an Official Plan Amendment, Zoning By-law Amendment, and licensing regulations. The Town of Blue Mountains, the Town of Wasaga Beach, and the Town of Niagara on the Lake have all implemented this approach; the City of Toronto implemented this approach but is currently awaiting an LPAT hearing in August 2019; Prince Edward County has implemented the planning policies/regulations and is currently drafting the licensing regulations for implementation in 2019. This option would involve additional Official Plan policies to provide a general policy framework for STR's and include specific "use" definitions, the Zoning By-law Amendment would be used to identify the condition under which STR's would be permitted including: location, number of occupants/bedrooms, and parking. In order to establish a fee structure, licensing is also utilized, which provides the framework to register the STR's, to administer fees and, where required, fines for STR operators and property owners. This comprehensive approach provides the overall philosophy of the Township for STR's through the Official Plan policies, the specific conditions/requirements though the Zoning By-Iaw provisions, and the tracking, administration and enforcement through the licensing. This option would allow for the establishment of licensing fees to offset the Township staff costs to administer the program and would also allow for the ability to establish set fines for certain infractions to ensure quick compliance is achieved. A restrictive complex comprehensive licensing/zoning regime is not required in Oro-Medonte and should be rejected. Page 30 of 255 2.a) Motion to Adopt the Agenda. -13- A comprehensive licensing/zoning regime would create artificial and discriminatory restrictions which could serve to undermine STRs in the Township. For example, a principal residence restriction, which is in Toronto's rules, would all but make STRs in the Township illegal for any vacation or secondary properties. A rule that limits the number of bedrooms such as the 3 bedroom rule in the Township of Niagara on the Lakes would significantly limit the usefulness of STRs in our community. Many families want to use STRs for family gatherings or reunions. This frequently involves parents, grandparents, children and infants. A 3 bedroom rule would effectively prohibit such gatherings. Similarly, a maximum of 2 persons per bedroom rule would create artificial limits, especially as large bedrooms can easily accommodate more than 2 children and as parents frequently sleep with their infants. Artificial rules against number of cars also doesn't take into account the capacity of some driveways to easily have more than parking space that one per bedroom. Here is an example that illustrates the problem. I recently had a group of 10 "cancer moms" stay at my home for a much needed "time-out" (and use of a local massage therapist and Yoga instructor). I could not have accommodated them with a 3 bedroom limit. Yet, they posed no risk of causing any disturbance or nuisance. Each mother was also on standby in case she had to rush home to take care of a child so a I car per bedroom rule would have made the visit improbable. (I made an exception to my ordinary 6 car maximum rule and permitted 7 in the circumstances. All of the vehicles fit in the driveway and they were cautioned about slow driving to the property.) Solutions to STRs should be tailored to addressing the real problem. The real problem, to the extent one exists, or. exists in a significant way, is not the number of bedrooms, people, or cars that are permitted. It is the character of the guests that are permitted to use STR properties and whether best practices are used to minimize disruptions to others. For example, an extended family of 14 adults (with or without children) who rent a home to go skiing at Horseshoe Valley resort (12 minutes from my home) is likely to be a much better behaved group than a group of 10 young men that want to rent for a stag party in the summer. Thus, a system that focuses on effective bylaws and enforcement and use of best renting practices is, overall, a much better solution to any STR problem than creating artificial limits that serve to discourage use of STRs by responsible potential tourists without generally applicable palpable benefits. The Township approach to STRs should not penalize or impose onerous responsibilities and restrictions on the 99% of responsible home owners. It should also not undermine the Township's economic and development objectives. Restrictions, such as those implemented in the municipalities referred to in the report would impact STRs and by implication on the potential tourists that would visit the Township. In any event, it is premature to adopt this approach before understanding and accepting the overall consequences to all stakeholders. The report refers to the City of Toronto's licensing/zoning system, currently under appeal. The City of Toronto rules were enacted to principally address shortages of affordable housing in Toronto. This is not the problem faced by the Township. It cannot be assumed that a regulatory Page 31 of 255 2.a) Motion to Adopt the Agenda. -14- regime adopted for Canada's largest city would be appropriate for a rural tourism destination like Oro-Medonte.9 The Report cites three examples of townships that have implemented comprehensive zoning and licensing regimes. However, none of the examples are useful comparables to Oro-Medonte. While they exemplify regulatory models, they cannot be considered as precedents that support their use in the Township. The Report refers to the Townships of Niagara on the Lake,10 Wasaga Beach," and BIue Mountain.12 However, the townships of Niagara on the Lake, 13 Wasaga Beach"4 and Blue Mountain 15 are already very popular tourist attractions with over I.5 million visitors each every year. Tourists are attracted to these destinations because of their reputations. STRs can make visiting those locations more affordable and attractive. These townships also have a plethora of 9 It also cannot be assumed that all of the criticisms of STRs in large cities such as the criticisms in the McGill study are accurate. 10 The Township of Niagara on the Lake passed several zoning and licensing bylaws that require owners of cottages to obtain a license to engage in STRs. There is an application process that requires inspections to ensure compliance with various bylaws. These bylaws impose restrictions which hamper STR operations and reduce the number of tourists that can visit and stay at a STR, such as the limit of 3 bedrooms per property. (Even Blue Mountain's comprehensive license regime is not this restrictive.) ' 1 The Town of Wasaga Beach passed by-law 2007-38. Under the bylaw, "Tourist Establishments" must obtain a business license and operate in zones that permit them. Prior to a business licence being approved the applicant must obtain the approvals from four different departments: Zoning Department; Fire Department; Building Department; and Property Standards Office. The license imposes various obligations on the property owner such as to provide a reasonable supply of clean towels for each registered individual, and other customary toilet supplies; to ensure that all provisions of the Town's Fire, Building Code and Property Standards Departments are met and complied with and that the licensee removes garbage and waste as often as is necessary to maintain the premise in a sanitary condition. 12 Blue Mountain uses a combination of zoning prohibitions, a licensing requirement, and an enforcement regime based on the establishment of a demerit system to regulate short term accommodations. Blue Mountain adopted this regime principally because it had many existing STRs in close proximity to each other that were viewed as causing substantial problems for neighbors. A prohibition on the establishment of new STRs through a change in zoning would not have been effective alone because of the large number of problem properties that would have remained as existing non -conforming uses. While Blue Mountain only allows STRs where permitted by its zoning by-law, it recognized prior non -conforming uses and did not attempt to make them illegal. 13 According to the township website, it welcomes millions of visitors each year from around the world. They travel there to experience the "Town's unique charm and historic sites, including Fort George and Brock's Monument; period -restored heritage homes, top-flight golf courses, breath -taking parks and gardens, as well as over 30 wineries and countless vineyards, many of which produce our world-class ice wine". The local amenities include some of "the finest vineyards, orchards and greenhouses in Canada; the world-famous Shaw Festival Theatre; internationally -acclaimed wineries; and four-star dining and visitor accommodations." People visit Niagara on the Lake as a unique destination and there are also hundreds of hotels. bed and breakfasts, and country inns which give visitors a plethora of options of if they want to visit that township. IA Wasaga Beach is also a popular summer tourist destination. According to Wiic�dia over two million people visit Wasaga Beach every summer attracted, among other things, by the town's longest freshwater beach in the world, the many recreational trails for hiking, cycling, cross-country skiing and snowmobiling. The Nottawasaga River also offers game fishing and canoe routes. Wasaga Beach also has an excellent variety of accommodations including numerous hotels, motels, bed and breakfasts, cabins, campgrounds and riverfront resorts. Expedia listed 28 hotels, Trivago listed 68 hotels. The Wasaga Chamber of Commerce lists over 35 hotels. 15 Like, the other two townships, Blue Mountains is a world renowned, four season recreational destination. According to the Blue Mountain Chamber of Commerce, more than 1.5 million tourists visit Blue Mountain every year. It too is a popular tourist destination with a plethora of hotels and other accommodations. Page 32 of 255 2.a) Motion to Adopt the Agenda. -15- accommodation options including numerous hotels, motels, cottage inns and bed and breakfasts, which is one reason the hotel lobby pushes to regulate STRs in such venues. By contrast, STRs would a way of attracting visitors who want to experience a beautiful rural setting -- and Oro-Medonte is a fantastic option. But Oro-Medonte is only one of many possible choices and visitors often aren't aware of its amenities. Tourists, in my experience, often decide to visit Oro-Medonte because of the STR opportunities rather than because it is already a famous, popular tourist destination. Tourists also do not have the same accommodation options in Oro-Medonte as they do in the other popular tourist destinations. STRs attract tourists to Oro-Medonte and provide them suitable accommodations the Townsh currently lacks. STRs are arguably, more important economically to a community like Oro- Medonte_than to established popular tourist destinations_ It cannot be assumed that a regulatory regime adopted for some of Ontario's most Popular tourist destinations - and which would effectively limit the choice of accommodations for tourists in the Township - would be an appropriate model for a rural tourism destination like Oro-Medonte that seeks to ,grow rather than discourage its tourist business. The licensing/zoning solution is also not a practical solution for the Township. • It is expensive to put in place and administer and the full costs are unlikely to be recovered through business licenses. • It could takes years to put into place given the time required to pursue Official PIan and zoning approvals. Factoring in the probably appeals, it could take 2-3 years before it would likely be effective. A licensing/zoning solution will not be able to shut down existing legal non -conforming uses. Such uses will be able to continue under s.34(9) of the Planning Act.- Further, because of Section 153 of the Municipal Act a business license cannot be dnied for a property that was being lawfully carried on at that Iocation at the time the by-law requiring the licence came into force. Therefore, it should not be assumed that a licensing/zoning regime can be used for the purpose of shutting down existing STRs. The much more practical solution is to pursue My Options 2 and 3 above. These can be implemented quickly and are far less expensive to establish and administer. I recommend that the Township reject Report Option 2. Conclusion: The Township is being asked to take action with respect to STRs. There are several proportionate steps that can be taken to address the alleged 1% of owners of STR problem properties, should there be a desire to do so. Page 33 of 255 2.a) Motion to Adopt the Agenda. -1G- A registration/simple business license regime can be established that would generate revenues to help defray enforcement costs. It could also be used to inspect or vet STR properties as a condition of licensing. The Township also has existing tools to take enforcement actions. It could also follow the lead of Kawartha Lakes and consider amending its existing Noise and Nuisance by-law. There are many potential adverse consequences to regulating STRs. A decision on what action should be taken, if any, should not be made impulsively, or without researching the costs and benefits of any such decision. The Township should not enact any comprehensive licensing/zoning by-law to make STRs illegal or to indirectly regulate or inhibit STRs. If the Township did so, it would be unprecedented for a community like Oro-Medonte. It would also be taking this unprecedented step without have studied the potential adverse effects on the local economy (including on home owners, small businesses, contractors and those employed in supporting STRs), on the Township's objectives for tourism and development, on the potential loss of revenues (including revenues that could be collected under the Municipal Accommodation Tax), and without any assessment of the expenses of establishing and operating a licensing regime, or of defending such a regime in court. Summary of recommendations: I recommend Council do the following: 1. Reject the request that Report Option 2 be accepted and not accept any of the other options. 2. Request the Township develop plans for a registry system or simple business license (My Option 2) 3. Request a review and update of Township bylaws and enforcement strategies so that there are effective remedies against problem STR properties. (My Option 3) 4. Conduct an educational campaign to let property owners know what is expected of them and to share best practices, as recommended by Kawartha Lakes. All of the above is respectfully submitted. Barry Sookman B.A., M.E.S., .ID Page 34 of 255 2.a) Motion to Adopt the Agenda. Appendix 1 Cottage House Rules (Extracts) Guests must adhere to the Rules - Outdoor parties and event and loud outdoor music are not allowed. - A booking involving more than 10 guests requires special permission and cannot be booked without consent. - The number of guests visiting the property cannot exceed the number booked without permission. The neighbors - Guests must refrain from causing any type of nuisance or annoyance to neighbors, any noise or nuisance complaints received by a neighbor is cause for an immediate termination of the booking. - Guests must use the property in compliance with all applicable laws including Iocal by-laws such as nuisance and noise by-laws. - Both outdoor and indoor noise must be kept to a respectable level at all times. No noise outside after l Opm. No music, shouting, congregating, excessive drinking, or partying outdoors. - Guests are not permitted to wander onto neighboring properties. Any communication with a neighbor must be held in a respectful manner. - When you enter the neighborhood, please ensure that you slow down, there may be children playing on the street. No driving around the neighborhood late at night. -Parking is limited to max 6 vehicles. No parking on the grass, keep all vehicles on the driveway. Street parking is not permitted. -Buses cannot be used to transport people or items to the property without prior consent. Respecting the Home Other -The property may only be used for the disclosed purpose. - Violations of any Rule are cause for an immediate termination of the booking without refund. - You are responsible for any loss or damage to the property or its contents and for any fines or penalties imposed by any lawful authority including any municipality for violation of any by- laws or arising from any breach of the Rules. You are liable for the acts and omissions of your guests and will ensure they comply with these Rules. Note: these Rules (including House Manual) may be updated from time to time. Please re- review the Rules prior to checking in to the property. Your checking into the property will be deemed to be consent to the updated Rules. Page 35 of 255 2.a) Motion to Adopt the Agenda. -2- "There is an outdoor surveillance system outside the home. It is there for the safety of our guests; should you require more information, do not hesitate to reach out to us!** Page 36 of 255 2.a) Motion to Adopt the Agenda. Appendix 2 Message to Guests before Arrival (Extracts) I hope you're excited for your stay at the cottage. I want to make your trip is a memorable one. As a reminder, the detailed House Manual can be accessed anytime at [URL]. Directions: Rules: The House Rules are posted on the site where you booked. They can also be accessed @ [URL] some reminders are below. Please ensure that all of your guests have read the rules. Noise & Neighbours: Just a reminder, we want your trip to be enjoyable without causing any disturbances for the neighbors. Please don't play any loud music outside or after 10 pm. Driving in the subdivision: The Cottage is situated at [location description]. When you enter the subdivision, please ensure that you slow down, there may be children playing on the street. No driving around the neighbourhood late at night. Parking: Parking is limited to max 6 vehicles. No parking on the grass. All cars must be parked in the driveway. Page 37 of 255 2.a) Motion to Adopt the Agenda. Appendix 3 — Proposed framework for graduated bylaw fines While the Township may wish to fashion a system of fines or penalties to accomplish its objectives, the following is framework for fines and penalties for consideration. I . Impose a minimum and maximum fine for a first offense. Under the Municipal Act, this can range from between $500-$100,000. The fines should at least cover the costs of investigations and OPP costs should they be called. 2. Impose a graduated system of fines for second and subsequent offenses that occur within a 12 month period from prior offenses. 3. Fines can be levied on the property owner where the property owner permitted the bylaw violation. 4. Fines should be chargeable where there is a finding of an offense violation to avoid vexatious claims. If a call to the Township is found to be vexatious, the caller should pay the costs of the investigation. 5. Impose a special fine where the property owner has exhibited a pattern of irresponsible conduct in respect to the rental of the property. The by-law could establish factors such as the following; a. Whether the property owner requires guests to agree to rules (a renters' code) that prohibit outdoor parties, excessive noise including after 10 PM, trespassing onto neighbors' properties, street parking and number of vehicles, excessive speed when driving onto the street of the property, not treating neighbors in a respectful manner. b. Whether the owner has a system in place for monitoring STRs (such as an outdoor surveillance system). c. Whether the owner has provided neighbors and the Township with the names(s) and contact details to call if there is a problem with a STR. d. Whether the property owner takes reasonable steps to address a complaint or disturbance when becoming aware of it. e. The effects of multiple by-law infractions for which the owner has been convicted on neighbors. DOCS 18715565 Page 38 of 255 -..___Original Message ----- 2.a) Motion to Adopt the Agenda. From: stuart bowser <stuart.bowser@gmail.com> Sent: Tuesday, February 26, 2019 11:37 AM To: Way, Karen <kway@oro-medonte.ca>; . Council <Council@oro-medonte.ca>; ian.vetch@oro- medonte.ca Subject: Airbnbs There are currently three new properties at the corner of Oakmount and Landscape that appear to be owned by the same individual or group of individuals. At least 2 are being operated as air B &B's. have personally counted 23 people going in at one time with 7 vehicles in the driveway and spilling out onto the road. I suspect there were more inside that I was unable to count. My neighbour counted 30 people while 1 was away one weekend and I have no idea where all these people sleep. I believe these have started operating after the temporary bylaw was enacted prohibiting this use of single family homes. There is only one advertised that I am aware of but I suspect this ad supplies customers to both homes. While I consider myself an open minded person, I must say that I did not recently buy here with the idea of being in the midst of air b and b's. This is not what this community is about. This is a single family home neighborhood, not 52 sequential families a year homes, and are not zoned to be Holiday inns. My concerns are as follows: 1. The existence of homes converted into hotels in the area has a negative impact on the value of other homes outright and of its own accord. 2. The stress on the properties both outside and inside the houses from the constant traffic has a physical wear and tear effect on the properties. 3. This wear and tear has a deleterious effect on the property values of surrounding homes. 4. These houses were not constructed to hotel standards and are not as robust to withstand the constant movement of suitcases, skis and other recreational equipment, further devaluing the premises and those around it. 5. We have enough problems with both water and septic in the area without increasing the load 4 times that of a normal house. Who will pay for this extra load? 6. Cars for all those people, and sometimes 12 passenger commercial vans that bring them end up parking on the streets creating sight line issues, safety hazards and snow plow problems. 7.These uses are not compatible with the neighborhood, and not compatible with what attracts people to this area. 8. Their presence will represent a continually increasing drain on municipal resources of not only man power and budgets, but also of councilor and other elected official time and responsibiI!ties.This is a drain that is many times that of the average home and yet the cost for such will be born by regular constituents, no matter how exorbitant the licensing fees would be. 9. Even if we accept them and license them, do we really want our elected representatives and by- law enforcement to have to grow to the point where we can properly regulate and enforce all these opportunistic businesses? That is not what our community is about and not where our emphasis should lie, except to ban them now while we have an opportunity. Page 39 of 255 2.a) Motion to Adopt the Agenda. 10. As far as I can tell, the properties I have identified above are operating outside of the temporary by-law. If these can do so and do it so plainly in sight of all to see, how can we ever hope to regulate and enforce a community rampant with these misuses of our community. 11. The impact right now is mostly hidden inside the homes, but when the nicer weather comes, these thirty people will spill outside with noise issues and a constant party zone mentality. would like an outright ban on these STR's in our community. Licensing them will not recover the cost of policing them, nor repair the damage to our community, and since we can't control the violators we currently have, how can we ever think of controlling them when they are rampant. You would need a whole new department to properly detect, provide notice of violations, proceed with legal recourse, and fine these people. They would fight and delay at every turn, increasing the costs to pursue them, and even if you bring legal penalties to them in the end, they may consider it a cost of doing business. The effort needed at this point to stop them completely will be substantial, but it will pale in comparison to the ongoing problem of dealing with them if we don't take action now. Thank you for giving me the opportunity to submit my comments. Stuart Bowser This email was scanned by Bitdefender Page 40 of 255 2.a) Motion to Adopt the Agenda. From: RobnCath Robinson <moonstonebnb@yahoo.ca> Sent: Tuesday, February 26, 2019 11:33 AM To: Way, Karen <kway@ aro-medonte.ca> Subject: Re: February 27 Council Agenda It has come to my attention that Airbnb hosts wish to have the Township come to some agreement on how to regulate short term rentals. I feel this is a moot point. As a registered Bed and Breakfast in the Township of Oro-Medonte I welcome other registered home based businesses to open. These businesses provide respite and increase tourism to the area. We should, however, all follow the same rules and standards such as registration with the Township (which is already in place), as well as Health and Safety rules to protect the travelling public. We should not condone unlicensed and unregulated facilities. With a quick search of the Airbnb site for the Township there are approximately 30 illegal short term rentals operating in the township. For the Township not to enforce their own rules is irresponsible and unfair to those businesses who comply with all requirements. Cathrine E. Robinson Moonstone Bed and Breakfast Page 41 of 255 2.a) Motion to Adopt the Agenda. From: Lena Simpson <brookviewbb@gmail.com> Sent: Tuesday, February 25, 2019 1:59 PM To: Way, Karen <kway@oro-medonte.ca> Subject: air b&b We understand there is a meeting to -morrow evening regarding Air B&B & Bed & Breakfast. Being involved with Bed & Breakfast for many years, The Air B &B s should go through the same standards as the Bed & Breakfast. I cannot go tomorrow evening but hoping this e-mail will have the samevalue as attending. We strongly oppose Air B&B,s just opening & not going through the township . Sincerely, Lena Simpson This email was scanned by Bitdefender Page 42 of 255 2.a) Motion to Adopt the Agenda. From: catherine jenereaux <catherine@ienereaux.com> Sent. Tuesday, February 26, 2019 2:07 PM To: Way, Karen <kway _@_ oro-medonte.ca> Subject: STR properties Dear Council Members: I would like to respond to the upcoming agenda Feb. 27th 2019 regarding STR properties. My Bed & Breakfast is a licensed business adhering to the regulations associated with being a B & B. We had to pass all Fire & Safety requirements as well as Septic System inspection. All STR properties must adhere to Fire & Safety protocols (fire doors, systems in place like Nest whereby each and every floor is connecting to a central message centre etc.). Fire walls where bedrooms walls abut. Sufficient parking so vehicles are not all over the roads/lawn making the neighbourhood unsightly. B & B's pride themselves on ensuring they are a part of the community with the owners residing at the premises. We have strict rules for guests regarding noise and respecting the neighbours right to privacy. The STR properties do not follow these practices. Nancee Adams President of the Orillia Horticultural Society has constant issues with the STRs in her area. They buy up the shoreline properties and build huge buildings with 7 legal or not bedrooms. Alcohol consumption is not monitored causing safety issues for the neighbours (driving either vehicles or boats impaired). On the whole they show no respect for the area. The residents deserve consideration. STR properties need to be regulated and they also need to follow all Fire & Safety protocols. They cropped up so quickly that proper regulations were not in place. I know that Oro MedontelSimcoe County has been researching in great depth how best to move forward with both existing as well as new STRs. I trust regulations will be put in place to correct what is taking place. Given once the renters arrive to the STR they tend to stay put thus making it hard to capture a monetary value to the surrounding community. Thank you for taking the time to review my email. Regards, Catherine Jenereaux Ravens Ridge 8 Lakewood Court Oro Medonte, ON LOL 1 TO 705-259-2221 catherine@ "enereaux.com "People are the key focus of our service" This email was scanned by Bitdefender Page 43 of 255 2.a) Motion to Adopt the Agenda. From: Stanislav Faynberg <stan faynberg(a)hotmail.com> Feedback Regarding DS2019-020 Stanislav Faynberg Mon 25 -Feb -19 22:44 Harry. Hughes(a)oro-medonte.ca; Scott. J erm ey(a)-oro-m edonte. ca; Ian.Veitch(a)oro-medonte.ca; Scott. Macpherson(a)-oro-m edonte. ca +3 others 11 Dear Mayor and Members of Council, I have reviewed report DS2019-020 related to short-term rental and strongly oppose the township intervention by means of restriction and or licensing. The prepared report at no point clearly defines what the problems associated with short-term rental are, however multiple solutions are being prepared. A report based on "complaints", "concerns" and "issues" is not a document that can be accepted critically. What can and should be noted is that out of the 300 listed properties for rent, 14 have been "brought to attention", resulting in less then 5% of listings with a "problematic" outcome. Furthermore these 5% of listings do not have any hard evidence to back their case that they have violated any bylaws, rather only resulting in neighbour complaints. With 95% of the listings being successfully executed without violations, the problem cannot arise from this part of the discussion. The problem which the township is trying to find a solution to is not the problem rather the tangent to it. Change is what people have a natural resistance to. In the days of mass information, social media and multiculturalism we have to be open to change on a daily basis. Short-term rental gives a vast majority of people an opportunity to enjoy time on a beautiful property that they would otherwise not have a chance to do. In addition, short-term rental brings in additional people to the township, resulting in higher profits for local vendors, restaurants and workers. Rental income allows for owners to retain the property and improve its condition, resulting in price growth. Being that property taxes are directly related to property evaluation, the township also directly benefits. As a homeowner and host of a rental property in the township of Oro-Medonte, I feel unlawfully discriminated against and potentially penalized because of an unconfirmed 5% of unsuccessful renters. What I ask is for council to look into this topic more profoundly, in a fact proven discussion and realize that the target needs to be the 5% which will eliminate 100% of the problems. Stan Faynberg, 57B Maplewood Parkway Page 44 of 255 2.a) Motion to Adopt the Agenda. From: Cliff Watson Sent: Saturday, February 23, 2019 8:54 AM To: hhughes9 sympatico.ca Subject: Air bnb controlled? Mr. Harry Hughes, live at 1112 Mt. St. Louis Rd. E emailed you on October 17, 2018, expressing my concerns over the airbnb issues in Oro Medonte, and commented that I liked the fact that it was part of your election platform to deal with the uncontrolled growth of these places. At that time, I had heard a rumour that my next door neighbour, , was thinking about making his house at 1120 Mt. St. Louis Rd. into an airbnb place, which mentioned in the email to you. have seen numerous tradesmen going in and out of the house, over the last months, and now it has now happened. He is advertising his house on the Ontario Airbnb site for $120.00 per night. (see link attached) I said in my previous email that I would not support an Airbnb opening next door. I have had no input into this, and now it has happened. From his ad, he has opened the business in January of this year. (2019) 1 assume there had to be permits issued, and inspections done, as this extensive of a renovation could not have been done without them. With the application for this mini basement motel, should I not have been notified? Why wasn't I? So now I have a business operating next door in a nice quiet country neighbourhood, using excessive well water, creating excessive garbage, and bringing in numerous other issues. (this is the guy that stood before council, opposing his other neighbour, proposal for a severance, as he was concerned about having another water well going into our water system.) thought our zoning is for a single family residence, and does not allow for a mini hotel, basement flop house, building. He is advertising he can accommodate 6 people plus their pets, as he has dogs already. His ad on the Airbnb site shows reviews from people who have stayed there, with their dogs, so he is definitely in business. So, they will allow people to bring their pets, and we have already seen strange dogs running around. Harry, your October reply to me stated that there is an interim bylaw that prohibits any new airbnbs. If so, how can this happen? It is easy to find and see - ad on the Ontario Airbnb site, Mount Saint Louis Road, Oro Medonte. Page 45 of 255 2.a) Motion to Adopt the Agenda. I built my house in a residential neighbourhood, which I assume is now a commercial business zoned neighbourhood? And I guess he now pays commercial business taxes? has his auction business logo on the site, so maybe this is an expansion of his existing business? Make no bones about it, this is a commercial business, set up to make money, just like any other business. It is not the way people picture a "bed and breakfast", with a little old lady making up a bed, and then serving breakfast in the morning. As can been seen from the advertising photos, on the airbnb site, it is an apartment, with a full kitchen with cooking facilities. Even a low cost motel doesn't jamb up to 6 people into a fire trap basement. If this business can continue to operate, and the precedent is set, I have a 2,000 sq. ft. hobby shop, storage building on my property, that I could easily turn into any number of different businesses. If Oro Medonte is going to be a free for all, non regulated township, I will also probably take advantage of it. Sincerely, Cliff Watson 1112 Mt. St. Louis Rd. Link is : www.airbnb.ca/rooms/31474112?quests=1 &aduIts= 1 This email was scanned by Bitdefender Page 46 of 255 2.a) Motion to Adopt the Agenda. From: Pelmen Foods <iulia(a)-pelmen.com> Date: Mon, Feb 25, 2019 at 11:47 PM Subject: Regarding: short term rental report DS2019-20 To: <Harry.Hughes(a)oro-medonte.ca>,<Scott. Jermey(a)-oro-medonte. ca>, <Ian.Veitch(a)-oro- medonte.ca>, <Scott. Macpherson(a)-oro-medonte.ca>, <Cathy.Keane(a)-oro-medonte.ca>, <Shawn.Scott(a)-oro-medonte.ca>, <Randy. Green law(a)-oro-m edonte. ca> Good morning Members of Council, I write this letter in response to your report DS2019-20. I own a home located in Oro-Medonte and rent it out from time to time when I am not around, whether it be short term or long term rent. The duration of rent is a combination of renters desires and owners availability and in no way a trend. Which ever rental duration I rent my house at, in no way changes the criteria and demanding selection process which I use to screen the people. Renting the house allows me to confidently pay my bills and property taxes (which are constantly growing and are considerably above average for waterfront lots). When I read the negative feedback that neighbours are vocalizing and the media portraying, it deeply saddens me. The main reason I feel this, is because with all the energy that my township is dedicating to "Shutting Down" short-term rental, at no point did I receive a phone call or letter from any representative of the township asking for my opinion or experience, yet they seem to know each and every house which is listed. As a tax paying citizen in Oro-Medonte I feel as if my voice is not important, even though it should be equally heard. With all my rental experiences, I have not once had a bylaw or police officer called in. As mentioned prior I have a very strict screening process of who and when I rent the house. All of my neighbours knew and know that I only let respectful and law abiding renters stay during the rental period. Furthermore I have a security camera system to monitor the premises and parking situation at all times. I do a personal check in and check out with each and every guest that stays. Guests come up to enjoy the lake and outdoors like any other person, neighbour or guest would and abide by the same bylaws that everyone around them does. If people enjoy the accompaniment of music within respectful volume levels and within the allotted times, there is nothing illegal about that. If neighbours do not approve of seeing different people once in a while, then we must remind them of the multiculturalism of this country and have to embrace each and all the same. I am more then welcome to share all of my positive, and only positive renting experiences with you and their enjoyment of our township and its amenities if you wish. For now I ask you to carefully and thoughtfully look at this short-term rental from both sides and with open and unbiased eyes. I have given countless people the chance to enjoy our township and bring popularity to our location while being able to remain a fellow Oro-Medonte citizen. I hope I can keep both these positive attributes. Sincerely, Julia Masalova 31 Maplewood Parkway 647-896-9137 This email was scanned by Bitdefender Page 47 of 255 2.a) Motion to Adopt the Agenda. -------- Original message -------- From: Olesea Burduh <olesea81 b(a)-yahoo.com> Date: 2019-02-25 4:45 PM (GMT -05:00) To: "Greenlaw, Randy" <randy. green law(d)-oro-m edonte. ca> Subject: Short rental benefits Hello My name is Olesea We do rent out our house at 163 Parkside Dr We have a few points witch thinking are good benefits for our small community. We hire local people like snow removal, any take care of the grass, we have done renovations in our house witch I think the value of the property is increasing. Tourism attracting . So many people coming up here buying from grocery shopping, using gas station witch means the economy is going up. Thank you so much Sent from my iPhone This email was scanned by Bitdefender Page 48 of 255 2.a) Motion to Adopt the Agenda. -------- Original message -------- From: tracy lemay <tlemay _sympatico.ca> Date: 2019-02-25 1:31 PM (GMT -05:00) To: ". Council" <Council(a)-oro-medonte.ca> Cc: Lawrence and Darlene Houben <dutchzdeedee(a)_yahoo.com>, presna(a)-ecf.utoronto.ca, Pamela LeMay <plemay _primus.ca> Subject: Short-term rentals Feb 25th, 2019 18 Fairview Cres Arnprior, Ont. Township of Oro-Medonte, K7S 3V7 148 Line 7 South Oro-Medonte, ON LOL 2E0 Attn: Mayor Harry Hughes and Council Via Email Only: council _oro-medonte.ca Dear Mayor Hughes and Council, Re: Regulation of short-term rentals We understand that council will be making a decision with regards to short-term rentals at its meeting on Feb. 27, and we hope you will consider the contents of this letter during your deliberations. We own a recreational property located at 1073 Woodland Drive in Oro-Medonte. In 2013, at considerable cost, we replaced our old cottage with a new four -season dwelling. In the summer of 2017 the property next door was sold, and at the end of August the new owner began to operate it as an Airbnb. This usage is offensive and completely incompatible with community living. We investigated the zoning and discovered that "commercial accommodation" was prohibited by the zoning bylaw. We consulted our lawyer and in November he wrote to the Township asking that the Township enforce the bylaw. A copy of that letter is attached. Since then the Township's efforts have been directed mainly at investigating the options for regulating development of future short -term -rental properties. There seems to have been a presumption that existing short-term rentals constituted legal non -conforming uses. We do not agree with this and once again request that the Township take the necessary steps to enforce its existing bylaw. Of course a bylaw revision dealing specifically with short-term rentals should be completed. If such rentals are going to be legalized we would suggest it should be on the condition that they not be located in zones of single family dwellings, and that the owner of the property must reside full time in the same premises. However, in our opinion, this is mainly closing the barn door after the horse has run away unless currently existing short-term rental properties are subject to the new bylaw. Controlling only future development will do little to help property owners whose lifestyles and property values have been affected negatively by existing short-term rentals. Sincerely Pamela LeMay, Tracy LeMay Sent from Mail for Windows 10 This email was scanned by Bitdefender Page 49 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. .'-- �,. Tnwruhip of Proud Heritage, Exciting Future Wednesday, February 13, 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 ie Time: 8:35 a.m. Councillor Randy Greenlaw Staff Robin Dunn, Chief Administrative Officer'! Present: Karen Way, Clerk Donna Hewitt, Director, Corporate Services Shawn Binns, Director, Operations and Community Services Vanessa Cooper, Executive Assistant Mayor & Council and CAO Jenny Legget, Communications & Public Relations Officer Justin Metra, Manager, Infrastructure and Capital Projects 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. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. C190213-1 Npv Moved by Veitch, Seconded by Macpherson Be it resolved that the agenda for the Council meeting of Wednesday, February 13, 2019 be received and adopted. Carried. Page 1 of 13 Page 50 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. 3. Disclosure of Pecuniary Interest: None declared. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C190213-2 Moved by Macpherson, Seconded by Veitch Be it resolved that we do now go in Closed Session at 8:36 a.m. to discuss • Labour relations/employee negotiations (CAO Performance Management) • Labour relations/employee negotiations (Succession Planning) • Personal matters about an identifiable individual (Heritage Committee Appointments) • Personal matters about an identifiable individual (Joint Accessibility Advisory Committee Appointment) • Education or training of members (Governance) b) Motion to Rise an Motion No. C190213 Moved by Keane, Sec 7 Carried. Be it resolved that we do now Rise at 10:29 a.m. at which time we shall Report on the Closed Session Items • Labour relations/employee negotiations (CAO Performance Management) • Labour relations/employee negotiations (Succession Planning) • Personal matters about an identifiable individual (Heritage Committee Appointments) • Personal matters about an identifiable individual (Joint Accessibility Advisory Committee Appointment) • Education or training of members (Governance). Carried. Page 2 of 13 Page 51 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. c) Robin Dunn, CAO/Acting Clerk re: Labour relations/employee negotiations (CAO Performance Management). The following staff were present: Robin Dunn, Chief Administrative Officer/Acting Clerk. Motion No. C190213-4 Moved by Jermey, Seconded by Scott Be it resolved "40 1. That the confidential verbal information presented by Robin Dunn, CAO/Acting Clerk be received; and 2. That Mayor H.S. Hughes and the Clerk be authorized to execute the confidential correspondence C'X Carried. d) Robin Dunn, CAO/Acting Clerk re: Labour relations/employee negotiations (Succession Planning). X%%6�" The following staff were present: Robin Dunn, Chief Administrative Officer/Acting Clerk. Motion No. C190213-5Air Moved by Scott, Seconded by Greenlaw Be it resolved 4000h6, IqW _qsfthh� V. 1. That the confidential verbal information presented by Robin Dunn, CAO/Acting Clerk be received; and 2. That the appropriate by-law be brought forward to the February 27, 2019 Council Meeting for endorsement. Carried. Page 3 of 13 Page 52 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. e) Karen Way, Clerk re: Personal matters about an identifiable individual (Heritage Committee Appointments). The following staff were present: Robin Dunn, Chief Administrative Officer; Karen Way, Clerk. Motion No. C190213-6 Moved by Greenlaw, Seconded by Scott Be it resolved 1. That the following members: • Chris Eaves • Dorothy Moore • Kayla Thibeault • Robert Tudhope • Ruth Fountain be appointed to the Township of Oro-Medonte's Heritage Committee for the 2018-2022 term of Council. 2. That Members be advised of Council's decision under the Clerk's signature. Carried. AAP%6 f) Karen Way, Clerk re: Personal matters about an identifiable individual (Joint Accessibility Advisory Committee Appointment). The following staff were present. Robin Dunn, Chief Administrative Officer, Karen Way, Clerk. 'N N Motion No. C190213-7 Moved by Macpherson, Seconded by Veitch Be it resolved '%& 1. That the following member: • Susan Hamer be appointed as the Township of Oro-Medonte's representative on the Joint Accessibility Advisory Committee for the 2018-2022 term of Council. 2. That Member and the County of Simcoe be advised of Council's decision under the Clerk's signature. Carried. Page 4 of 13 Page 53 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. g) Robin Dunn, CAO re: Education or training of members (Governance). The following staff were present: Robin Dunn, Chief Administrative Officer; Karen Way, Clerk; Vanessa Cooper, Executive Assistant Mayor & Council and CAO; Jenny Legget, Communications & Public Relations Officer. Motion No. C190213-8 Moved by Keane, Seconded by Veitch A&# Be it resolved that Confidential Report CAO2019-01 regarding the Education or training of members (Governance) as provided by Robin Dunn, CAO be received for informational purposes only. Idnaw 5. Minutes of Council and Committee; loomre a) Minutes of Special Council meeting held on Tuesday, January 29, 2019. Motion No. C190213 - Moved by Keane, Seconded by Scott )N%0 Be it resolved that the draft minutes of the Special Council meeting held on Tuesday, January 29, 2019 be received and adopted as printed and circulated. t -,q% Nk b) Minutes of Council meeting held on Thursday, January 31, 2019. Motion No. C190213-10 Moved by Scott, Seconded by Jermey Carried. Carried. Be it resolved that the draft minutes of the Council meeting held on Thursday, January 31, 2019 be received and adopted as printed and circulated. Carried. Page 5 of 13 Page 54 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. 6. Recognition of Achievements: a) Correspondence dated February 6, 2019 from John Maheu, Executive Director, Association of Ontario Road Supervisors (AORS) re: AORS Marvin D. Halladay Memorial Education Award to Justin Metras, Manager, Infrastructure and Capital Projects. Motion No. C190213-11 Moved by Scott, Seconded by Greenlaw Be it resolved J&# 1. That the correspondence dated February 6, 2019 from John Maheu, Executive Director, Association of Ontario Road Supervisors (AORS) re: AORS Marvin D. Halladay Memorial Education Award to Justin Metras, Manager, Infrastructure and Capital Projects be received. 2. That Justin Metras be recognized for receiving the AORS Marvin D. Halladay Memorial Education Award under the Mayor's signature. 7. Nor 8. Nor 9. Nor 10. rest: Carried. Provides an opportunity for members of the public to identify an agenda item which the public member may request be brought forward and considered earlier in the meeting. 11. Open Forum: None. Page 6 of 13 Page 55 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. 12. Reports of Municipal Officers: a) Report No. ES2019-1, Fred MacGregor, Manager, Environmental Services re: Annual Reports for Municipal Drinking Water Systems — January 1, 2018 to December 31, 2018. Motion No. C190213-12 Moved by Greenlaw, Seconded by Scott Be it resolved that Report No. ES2019-1, Fred MacGregor, Manager, Environmental Services re: Annual Reports for Municipal Drinking Water Systems — January 1, 2018 to December 31, 2018 be received for information and posted on the Township's website. Carried. A& b) Report No. CS2019-3, Karen Way, Clerk re: Council Code of Conduct Policy. Motion No. C190213-13 Moved by Macpherson, Seconded by Vei Ak Be it resolved lkl Nok 1. That Report No. CS2019-03 as presented by Karen Way, Clerk be received and adopted; and 2. That Council Adopt the Council Code of Conduct Policy effective March 1, 2019. Carried. c) Report No. CS2019-4, Karen Way, Clerk re: Council and Staff Relationships Policy. Motion No. C190213-14 10 Moved by Veitch, Seconded by Macpherson Be it resolved '%& 1. That Report No. CS2019-04 as presented by Karen Way, Clerk be received and adopted; and 2. That Council Adopt the Council and Staff Relationship Policy effective March 1, 2019. Carried. Page 7 of 13 Page 56 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. 13. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. Provides an opportunity for the Township's representatives at the County of Simcoe, and the Council members appointed as the Township's representatives at the Township's Partners and Agencies, to deliver updates on the activities of the County of Simcoe and the Township's Partners and Agencies. The following Members of Council provided comr • Mayor H.S. Hughes • Deputy Mayor Scott Jermey • Councillor Veitch • Councillor Keane b) Mayor H.S. Hughes, correspondence dated February 5, 2019 from Marcus Ryan, Mayor, Zorra Township re: Regional Government Review. Motion No. C190213-15 Moved by Scott, Seconded by Keane Be it resolved that the correspondence dated February 5, 2019 from Marcus Ryan, Mayor, Zorra Township and presented by Mayor H.S. Hughes, re: Regional Government Review be received. Carried. 14. Consent Agenda: a) Announcements of Interest to the Public: 1. Township of Oro-Medonte Administration Centre Office Closure, Family Day, Monday, February 18, 2019. 2. 9th Annual Sweetwater Park Family Day, Monday, February 18, 2019, 11.00a.m.- 3-00p.m. 3. Family Day Skate, Monday, February 18, 2019, 1.00p.m.-3.00p.m., Oro-Medonte Community Centre. 4. Township of Oro-Medonte, 2019 Oro-Medonte Citizen of the Year and Ontario Senior of the Year Nomination Notice, Deadline Thursday, February 28, 2019. 5. Township of Oro-Medonte, Receiving Applications for Appointment to the Lake Simcoe Regional Airport Inc. Board of Directors, Deadline Wednesday, February 20, 2019. Page 8 of 13 Page 57 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. b) Correspondence dated January 28, 2019 from Michael Walters, Chief Administrative Officer/Secretary Treasurer, Lake Simcoe Region Conservation Authority (LSRCA) re: LSRCA 2018 Annual Report Staff Recommendation: Receive for Information Only. c) Correspondence dated February 1, 2019 from Jamie McGarvey, President, The Association of Municipalities of Ontario (AMO) re: Provincial Joint and Several Liability Review. Staff Recommendation: Receive for Information Only. d) Correspondence dated February 1, 2019 from Ontario News re: Updates to Wildlife Damage Compensation and Commodity Loan Guarantee Programs Will Reduce Challenges for Farmers. Aw look Staff Recommendation: Receive for Information Only. e) Correspondence dated February 7, 2019 from Township of South Frontenac re: Maintaining the Voter's List for Municipal Elections. Staff Recommendation: Receive for Information Only. f) Correspondence dated February 6, 2019 from Anita Dubeau, Chair, Board of Health, Simcoe Muskoka District Health Unit (SMDHU) re: Support of a Provincial Oral Health Program for Seniors. Staff Recommendation: Receive for Information Only..; g) Minutes of Barrie Public Library Board meeting held on Thursday, December 13, 2018. Staff Recommendation: Receive for Information Only. h) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, December 14, 2018. Staff Recommendation: Receive for Information Only. i) Minutes of Nottawasaga Valley Conservation Authority meeting held on Friday, December 14, 2018. Staff Recommendation: Receive for Information Only. Motion No. C190213-16' Moved by Jermey, Seconded by Scott Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Announcements of Interest to the Public: 1. Township of Oro-Medonte Administration Centre Office Closure, Family Day, Monday, February 18, 2019. Page 9 of 13 Page 58 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. 2. 9th Annual Sweetwater Park Family Day, Monday, February 18, 2019, 11.00a.m.-3.00p.m. 3. Family Day Skate, Monday, February 18, 2019, 1.00p.m.-3.00p.m., Oro-Medonte Community Centre. 4. Township of Oro-Medonte, 2019 Oro-Medonte Citizen of the Year and Ontario Senior of the Year Nomination Notice, Deadline Thursday, February 28, 2019. 5. Township of Oro-Medonte, Receiving Applications for Appointment to the Lake Simcoe Regional Airport Inc. Board of Directors, Deadline Wednesday, February 20, 2019. b) Correspondence dated January 28, 2019 from Michael Walters, Chief Administrative Officer/Secretary Treasurer, Lake Simcoe Region Conservation Authority (LSRCA) re: LSRCA 2018 Annual Report Received for Information Only. IV 'Nk c) Correspondence dated February 1, 2019 from Jamie McGarvey, President, The Association of Municipalities of Ontario (AMO) re: Provincial Joint and Several Liability Review. Received for Information Only. IW - d) Correspondence dated February 1, 2019 from Ontario News re: Updates to Wildlife Damage Compensation and Commodity Loan Guarantee Programs Will Reduce Challenges for Farmers. Received for Information Only. Ak .''0% % e) Correspondence dated February 7, 2019 from Township of South Frontenac re: Maintaining the Voter's List for Municipal Elections. Received for Information Only.. f) Correspondence dated February 6, 2019 from Anita Dubeau, Chair, Board of Health, Simcoe Muskoka District Health Unit (SMDHU) re: Support of a Provincial Oral Health Program for Seniors. Received for Information Only. g) Minutes of Barrie Public Library Board meeting held on Thursday, December 13, 2018. Received for Information Only. h) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, December 14, 2018. Received for Information Only. i) Minutes of Nottawasaga Valley Conservation Authority meeting held on Friday, December 14, 2018. Received for Information Only. Carried. Page 10 of 13 Page 59 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. 15. Communications/Petitions: a) Correspondence dated January 23, 2019 from John Daly, County Clerk, County of Simcoe re: County of Simcoe Appointments to the Lake Simcoe Regional Airport Board. Motion No. C190213-17 Moved by Scott, Seconded by Greenlaw Be it resolved 1. That the correspondence dated January 23, 2019 from John Daly, County Clerk, County of Simcoe re: County of Simcoe Appointments to the Lake Simcoe Regional Airport Board be received. dow 2. That the Township of Oro-Medonte endorse the appointments of the County of Simcoe for the Lake Simcoe Regional Airport Board. NL 'X Carried. b) Correspondence dated February, 5, 2019 from Brian Flemming re: Cat Licensing. Motion No. C190213-18 Moved by Greenlaw, Seconded by Scott Be it resolved 1. That the correspondence dated February 5 2019 from Brian Flemming re: Cat Licensing be received for information. 2. That Council direct staff to investigate and report back regarding nuisance animals, such as dogs and cats. 16. Notice of None. Carried. Page 11 of 13 Page 60 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. 17. By -Laws: a) By -Law No. 2019-005: A By-law to Provide for Remuneration and Expenses for Members of Council and Council's Appointees to Local Boards and Committees/ Technical Support Groups and Expenses for Employees, and to Repeal By -Law Nos. 2015-092, 2015-124, 2016-101, 2016-173, 2017-085 and 2018-060 (Remuneration and Expenses By-law). Motion No. C190213-19 Moved by Macpherson, Seconded by Veitch Be it resolved that 44 a) By -Law No. 2019-005: A By-law to Provide for Remuneration and Expenses for Members of Council and Council's Appointees to Local Boards and Committees/Technical Support Groups, and Expenses for Employees, and to Repeal By -Law Nos. 2015-092, 2015-124, 2016-101, 2016-173, 2017-085 and 2018-060 (Remuneration and Expenses By-law). be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Recorded Vote Requested by Councillor Greenlaw Councillor Greenlaw Nay Deputy Mayor Jermey Yea Councillor Keane Yea Councillor Macpherson Yea Councillor Scott Yea Councillor Veitch Yea Mayor H.S. HughesYea qk A% -A, 18. Closed Session Items (Unfinished Items): None. Carried. Page 12 of 13 Page 61 of 255 5.a) Minutes of Council meeting held on Wednesday, February 13, 2019. Council Meeting Minutes — Wednesday, February 13, 2019. 19. Confirmation By -Law: a) By -Law No. 2019-016: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, February 13, 2019. Motion No. C190213-20 Moved by Macpherson, Seconded by Veitch Be it resolved that By -Law No. 2019-016: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, February 13, 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. C190213-21 Moved by Scott, Seconded by Be it resolved that we do now adjourn at 11:24 a.m. Mayor, H.S. Hughes Carried. Clerk, Karen Way Page 13 of 13 Page 62 of 255 6.a) Correspondence dated February 13, 2019 from Eric Wilson, HIGH FIVE®... From: Eric Wilson <pro1(a)-prontario.org> Sent: Wednesday, 13 February, 2019 9:58 AM To: Llewellyn, Roz <rllewellyn(a)oro-medonte.ca> Subject: Congratualtions from PRO!!! Dear Roz, On behalf of Parks and Recreation Ontario, congratulations on reaching 10 years as an active HIGH FIVE° Trainer! Today you join a group of like-minded individuals who don't just believe in the importance of healthy child development, but are working actively to ensure that children across the country experience the benefits of child -focused programming. We are so impressed with your commitment to the HIGH FIVE principles and are proud to invite you to attend the PRO Annual General Meeting to recognize your achievement. Please join us on Tuesday, March 26, 2019 at 7pm at the Blue Mountain Resort in Collingwood, Ontario. At HIGH FIVE, we strive to ensure that every child is able to experience healthy physical, social, and emotional development. Without your dedication to this vision, we would not be able to say that over 1 million children across the country are having quality experiences in programs through HIGH FIVE. Thank you for your significant contribution. To confirm your attendance at the PRO Annual General Meeting, please contact JaimeLynn Jelley by Friday, March 1, 2019. We hope that you will be able to join us! Thanks, Eric Wilson, BRLS Projects and Research Assistant HIGH FIVE® A quality standard for children's recreation and sport Founded by Parks and Recreation Ontario (PRO) 302-1 Concorde Gate, Toronto, ON M3C 3N6 e: pro1(a)prontario.orq www.HIGHFIVE.org Page 63 of 255 87: an re: Short Term Rentals (Airbnb) Considerati... FEB 1 4 2039 0Tcrua:skip of 5f Pmud Hcrirn�e, erge, Fxcifing Future �ogzt,� ORO-MEDONTE Any written or electronic submissions and bacc�ground information for consideration by Council) Committee must be submitted to the Clerk by 9:00 a.m. 7 calendar days prior to the preferred meeting. Electronic submissions should be submitted in Microsoft PowerPoint /Microsoft Word format. Preferred Meeting and Date: 1 am requesting deputation to speak: a) Kl on my own behalf; or b) ❑ on behalf of a group/organization; please state name below. By stating the group/organization name below, you confirm that you are duly authorized to act on behalf of the identified group/ organization and that the group/organization hereby gives its approval for you to act on this matter. I would like to use: ❑ projector ❑ laptop Kbk j C)Re -v-� Name(s) of Speaker(s) A deputation wishing to appear before Council/Committee shall more than two (2) speakers with a total speaking time of not more than ten (10) minutes. Name: Name: ❑ Yes [ fVo be limited to no Have you presented a deputation previously on this matter? Subject of Presentation Please describe below, the subject matter of the requested presentation in sufficient detail, to provide the Township a means to determine its content and to assess its relative priority to other requests for presentation. Weight will be given to those requests that provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's Mandate. 0s Please identify the type of action you are seeking of Council/Committee on this issue. VTO o Action, e.g., an awareness of topic or organization. Request Action. Please describe in detail. If you are requesting action, have you been in contact with a staff member to seek a resolution with regard to this matter? Yes ❑ No If yes, who were you in contact with? Page 64 of 255 8.a) 7:00 p.m. Barry Sookman re: Short Term Rentals (Airbnb) Considerati... -2- Reason why this presentation is important to Council and to the municipality: Date of R Name of Address: t equest: Requestor:� 91 l C' I N1� Telephone: 6 �D, ~ Cl 8 - (9 gi �,L Email: Fax: WRITYPIWIM Note: Additional material may be circulated 1 presented at the time of the deputation. If you intend to include handouts or a presentation using electronic devices, any material will be attached to the public agenda. Please bring fifteen (15) hard copies of any additional material. It is the responsibility of the presenter to ensure that they have received consent for any third party information. Scheduling will be at the discretion of the Clerk, and will be confirmed no later than the 1st business day of the week of the meeting. There are no guarantees that by requesting a certain date(s) your deputation will be accepted, as prior commitments may make it necessary to schedule an alternate date suggested by the Clerk. Please email your request to deputation __oro=medonte.ca The Clerk's Office will confirm receipt of the request, however if you do not receive a return email, please contact the Clerk's Office 5 days after the request is submitted. Personal information on this form is collected under the legal authority of the Municipal Act, S.O.2001, c.25 as amended. The information is collected and maintained for the purpose of creating a record that is available to the general public pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Clerk's Office, The Corporation of the Township of Ora-Medonte, 148 Line 7 South, Oro-Medonte, Ontario, LOL 2EO. 1012016 Page 65 of 255 12.a) Report No. DS2019-20, Andria Leigh, Director, Development Services... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-020 Council Andria Leigh, Director, Development Services Meeting Date: Subject: Motion # February 27, 2019 Short -Term Rental Accommodations Update Roll #: R.M.S. File #: D14 55794 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2019-020 be received and adopted; 2. That staff proceed forward with the implementation of Option 2 in accordance with Council's direction; 3. That the appropriate planning amendments and regulatory by-laws be brought forward for Council's consideration in the future; and 4. That Interim Control By-law 2018-071 be extended until June 28, 2020. Background: During the later portion of 2017, Council members and Township staff were being advised of concerns from residents about a number of short-term rental (STR's) properties within the Township of Oro-Medonte. Short-term rentals are generally dwellings/properties that are being rented out by individuals on a short term basis (usually 1-3 days and typically no more than 28 days) The majority of these short term rentals have been occurring in shoreline residential areas although there are some rentals available in close proximity to popular tourism/recreational destinations. These rental units are not the primary place of residence for the property owner; and these units provide an opportunity for the property owner to gain income from the property during periods of time when the unit would be unoccupied by the owner. In some cases this would include rentals of the unit throughout the entire year. In other cases individuals have purchased the dwelling with the intention of utilizing it as a Short Term Rental to assist with finances, without the additional revenue from an STR income individuals would not consider purchasing or being able to afford the initial purchase expense. It has become much easier for property owners and renters to connect due to the increasing popularity of internet rental sites such as Airbnb and HomeAway. This has resulted in a continued influx of rental units within the Township and has created Development Services February 27, 2019 Report No. DS2019-020 Page 1 of 8 Page 66 of 255 12.a) Report No. DS2019-20, Andria Leigh, Director, Development Services... issues for some of the Township's permanent residents related to noise, septic, garbage, parking, and other nuisances created by the guests at these STR units. As a result of the concerns being raised, Township staff were asked to investigate the land use and regulatory controls that could be applied to these Short Term Rentals. In February 2018, a staff report (DS2018-012) was presented to Council outlining the issues that had been raised to date regarding the impacts these STR's were having on their surrounding residential usage and the research conducted of other jurisdictions that had reviewed Short Term Rentals and implemented land use and regulatory controls. A series of options were provided to Council at that time for their consideration on how to manage Short Term Rentals within the Township. The direction from Council at that time was to proceed with enacting an Interim Control By-law that would not allow any additional Short Term Rentals until such time as the Township completed their land use planning review of short term rentals and the appropriate planning amendments were considered. In addition, staff were directed to proceed forward with the drafting of the required regulatory/licensing by-laws. This study by the Township was intended to review the [and use context including proposed Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) requirements that could be utilized in Oro-Medonte, the land use context that had been utilized in other jurisdictions previous researched and any new jurisdictions that had implemented policies, any land use decisions made by these jurisdictions currently in process, the outcomes from any Local Planning Appeal Tribunal (LPAT) hearings as a result of these land use approvals, potential Official Plan and Zoning By-law Amendments, regulatory and or licensing options for the Township, and legislative authority of MLEO staff to enforce the by-law under Section 437 of the Municipal Act related to restrictions on rights of entry to a dwelling. As noted in that previous staff report a number of other municipal jurisdictions were considering short-term rentals and the implementation of planning and regulatory bylaws to control short-term rentals. Township staff continued to review other jurisdictions that had implemented or were considering implementing policies/by-laws for short-term rentals. Throughout 2018 additional jurisdictions began reviewing this issue as the demand for these rental units continues to grow. STR's are a more recent phenomenon that have not typically been contemplated as a land use in Official Plan or Zoning By-law documents. This is the situation with the Township's planning documents, although bed and breakfast establishments are currently addressed. Generally speaking, the renting of a private residence is not subject to zoning regulations (there is no differentiation between a renter and an owner). Historically there has been this form of cottage rental that has occurred, although typically on a weekly/monthly basis, which has not usually resulted in neighbourhood complaints to Municipal Law staff. This more frequent (daily/weekend) short-term rental that is now occurring does provide for different land use compatibility issues — noise, parking, traffic, nuisances, vandalism, property standards, septic impacts, and the frequency of usage. This newer form of rental would be more consistent with the commercial use of a hotel or mote[, which are typically subject to licensing and site plan Development Services February 27, 2019 Report No. DS2019-020 Page 2 of 8 Page 67 of 255 12.a) Report No. DS2019-20, Andria Leigh, Director, Development Services... control to apply the appropriate conditions/limitations to the usage. STR's unlike these historical cottage rental or hotel/motels uses are a different form of land use that would require a different set of controls from either of these other uses. It is therefore appropriate, from a land use perspective, to consider additional land use planning policies and by-laws that specifically define this short-term rental use and implement some regulatory controls. For municipalities that have proceeded in this direction the Local Planning Appeal Tribunal (formerly Ontario Municipal Board) has upheld land use decisions that have implemented these types of controls, this was evident in the Town of Blue Mountains that undertook this process in 2009 and adopted Official Plan and Zoning By-law Amendments and a Licensing By-law to regulate short term rentals and staff are currently awaiting the outcome of the LPAT process in the City of Toronto. To date, there are a total of 14 properties in the Township which have been brought to the attention of Council or staff regarding their usage as short-term rentals and the conflicts that are occurring with the surrounding residential uses, which have resulted in complaints to Municipal Law Enforcement Officers or the OPP for noise and nuisance matters. In most of these cases, the complaints received by staff are not one time occurrences but recurring situations. While it is recognized that in a Township with just over 9000 households the number of short term rentals appears to be low; a review of the various internet platforms for Short Term Accommodation rentals (Airbnb, Hometogo, Flipkey, VRBO, HomeAway, Sonder, and Canadastays) have identified that there are over 300 properties in Oro-Medonte currently listed for rental over the various internet sites and given the popularity of this form of rental it is anticipated this number will continue to rise. The Township through this process is intending to not only be reactive to the issues that have arisen to date for specific rental properties but also be proactive to address this issue comprehensively before additional issues arise. In January 2019 Township representatives also met with interested stakeholders (residential property owners and STR operators) to obtain their input and views regarding options/solutions to be considered by Council in addition to clarifying their current issues with STR operations or there reasons for operating an STR respectively. Township staff have also had subsequent discussions with legal counsel regarding the current planning policies/provisions and current STR usage and will be providing Council with a legal update prior to consideration of this staff report. The intent of this report is to provide an update to Council regarding the research conducted to date and the available options for land use/regulatory controls and to confirm Council's direction regarding these controls to be considered for implementation in Oro-Medonte. Analysis: The short-term rental accommodations issue continues to be emerging in a number of municipalities. Historically the Town of Blue Mountains was the first to review this Development Services February 27, 2019 Report No. DS2019-020 Page 3 of 8 Page 68 of 255 12.a) Report No. DS2019-20, Andria Leigh, Director, Development Services... matter in 2009 and updated their planning and regulatory requirements specific to short- term rentals. Since that time they have continued to amend their STIR licensing program and amend their regulatory by-laws based on the on going assessment of their program. In 2018, the Town staff brought forward a series of reports to consider amendments to their planning documents and licensing by-law to address issues that were recurring in the licensing program implementation for the Town. These issues included: identifying the legal non -confirming STR's, parking, minimum distance separation, occupant loads, commercial resort units vs. STR's, assessment of penalties and demerit points, definition of responsible person, and interpretation policies. Due to public concerns being raised through the update process, staff were completing additional review of the proposed planning amendments but have proceeded with additional amendments early in 2019 to their STIR licensing by-law. The City of Toronto also completed a consultation process and approved zoning by-law amendments that define short term rental accommodations, and implemented a licensing/annual registry process. However the zoning by-law amendment was appealed and is currently scheduled to be heard by the LPAT in August of 2019. In addition, the City implemented a register program and licensing for the STR's. The Township of Ramara had created an STIR Ad Hoc Committee in 2017 to investigate the STIR issue and to review the regulations and restrictions governing STR's. The Committee presented a Draft STIR by-law to Council in June 2018; which was received and referred to Township legal counsel for review. In January 2019 the STIR Committee made a follow up presentation to Council requesting Council to consider passing an Interim Control By-law and proceed with completing a land use study to determine the most appropriate land use tool for controlling and regulating STR's. Council received a staff report at their February 4, 2019 in support of proceeding with the Interim Control By-law and such a by-law was approved at their February 11, 2019 meeting. The Township is also asking anyone currently running an STIR to register with the Township so they are aware of those that are currently operating. The Township through the proposed land use study will be considering Zoning Bylaw Amendments applicable to specific areas of the Township, a Licensing By-law amendment to require all STR's to pay a yearly licensing fee in order to operate, and a noise by-law to address STR's. Since beginning the initial review early in 2018, a number of additional municipalities within Simcoe County have begun to review the STR issue including the City of Orillia, Town of Penetanguishene, Township of Severn, and Township of Tay. Given the popularity of this form of rental it is anticipated that additional jurisdictions will review this matter in the future. Staff also looked at other local municipalities with a tourist based focus to determine the zoning and licensing/registry that they may have established. These included the Town of Niagara on the Lake where a zoning by-law amendment for rentals was enacted in 2013, and Prince Edward County where Official Plan and Zoning By-law Amendments were adopted in October 2018. The County is currently in the process of drafting a licensing by-law that they anticipating bring to Council for enactment in the first quarter of 2019. Development Services February 27, 2019 Report No. DS2019-020 Page 4 of 8 Page 69 of 255 12.a) Report No. DS2019-20, Andria Leigh, Director, Development Services... While it is recognized that other jurisdictions are considering or have implemented planning and regulations for Short Terms Rentals and the options available to each municipality are generally consistent, the solution for each jurisdiction is likely unique to their specific issues/problems and what they are trying to achieve through zoning and regulation. The Township can certainly learn from the experiences of these other municipalities what has or has not worked or been implemented and why. Any potential solution/approach for Oro-Medonte needs to consider: minimizing the potential conflicts/compatibility issues between the current residential community and these short term rentals, recognize any economic impacts the rentals can have on the community, recognize the Township's focus as a tourist/recreation destination, consider the potential financial implications to the Township and the impacts on current staff resources or the need for additional staff resources, and the anticipated outcome of the solution for the Township, its residents, and the STR operators. In order for Council to make a determination on which option below they are supportive of, it is important to consider the following: where should we allow or not allow STR's, what kinds or regulations are needed, what lessons can we learn from others, how do we balance the needs of the neighbourhoods against the needs of the STR operators, and should existing operations be grandfathered and the associated legal implications. The challenges presented by STR's are unique to each jurisdiction and are addressed differently depending on the local context and based on the various degrees of regulation that can be put in place, and the various means of enforcement available. Listed below are the options available to Council based on the degree of regulations, that can be implemented to address the challenges and concerns that have been presented to date. 1.Staff to draft OPA and/or ZBA to set out areas where STR's are permitted or prohibited and to define different kinds of STR's (B&B vs rental homes/cottages) — This option would add new Official Plan policies and Zoning By-law regulations to the Township's planning documents to confirm locations where STR's would be permitted or prohibited. This option would put in place certain conditions through the zoning by-law that STR's would need to adhere to and that would be enforced through the Planning Act/Zoning By-law by the Township Municipal Law Enforcement Officers. Some of the conditions to be put in place would include parking, occupancy, and servicing. While this option to proceed with additional planning policies and definitions for STR's would definitely assist the Township, it would continue to rely on enforcement of STR's through the Provincial court process and may not be sufficient in addressing the challenges and concerns that have arisen with STR's in Oro-Medonte. 2. Staff to draft OPA and/or ZBA and implement a registry/licensing registry system — this option would involve a comprehensive regulatory framework that would provide for a range of tools for the Township that have been utilized by other jurisdictions. This would include an Official Plan Amendment, Zoning By-law Amendment, and licensing regulations. The Town of Blue Mountains, the Town of Wasaga Beach, and the Town of Niagara on the Lake have all implemented this approach; the City of Toronto Development Services February 27, 2019 Report No. DS2019-020 Page 5 of 8 Page 70 of 255 12.a) Report No. DS2019-20, Andria Leigh, Director, Development Services... implemented this approach but are currently awaiting an LPAT hearing in August 2019; Prince Edward County has implemented the planning policies/regulations and is currently drafting the licensing regulations for implementation in 2019. This option would involve additional Official Plan policies to provide a general policy framework for STR's and include specific "use" definitions, the Zoning By-law Amendment would be used to identify the condition under which STR's would be permitted including: location, number of occupants/bedrooms, and parking. In order to establish a fee structure, licensing is also utilized, which provides the framework to register the STR's, to administer fees and, where required, fines for STR operators and property owners. This comprehensive approach provides the overall philosophy of the Township for STR's through the Official Plan policies, the specific conditions/requirements though the Zoning By-law provisions, and the tracking, administration and enforcement through the licensing. This option would allow for the establishment of licensing fees to offset the Township staff costs to administer the program and would also allow for the ability to establish set fines for certain infractions to ensure quick compliance is achieved. In either Option 1 or 2 noted above, direction from Council is required to confirm the locations where STR's would be permitted or prohibited in order for staff to proceed with the drafting of the required amendments. Staff would be seeking direction from Council to determine the zones where the STR use would be permitted or prohibited, such as all residential zones, specific residential zones, the Agricultural/Rural zone, all commercial zones. 3. Prohibit STR's -- this option would again require significant investment on the part of the Municipal Law Enforcement staff and would involve legal/prosecution processes to be implemented to gain compliance. This is an option that Council could consider but would have to be mindful of those existing STR operations and the legal advice provided to date to the Township. 4. Maintain the Status Quo — this option would not proceed with any amendments to the Township's planning document or implement any form of licensing or registry system. This option would continue to rely on the current Township by-law, noise and parking, and general by-law enforcement by the Township and the OPP. This option is not recommended as it continues to tax the staffing resources, does not resolve the challenges faced by many residents, and as noted above STR's will only continue to become a more popular option with increasing problems to neighbouring residents that need to be managed. Each of the options has varying implications on the current Municipal Law Enforcement staffing resources both from an administrative perspective and an enforcement perspective. Once Council provides direction on the preferred option, staff will complete further analysis of these implications to Township staff and report back to Council with a further update. Development Services February 27, 2019 Report No. DS2019-020 Page 6 of S Page 71 of 255 12.a) Report No. DS2019-20, Andria Leigh, Director, Development Services... As noted above, the Township currently has an Interim Control By-law in place to prohibit new STR's until June 2019. While the Township continues to review and implement a solution for STR's this by-law can be extended for an additional year if deemed necessary. This would allow time for the right solution to be considered by Council and implemented by Township staff. Financial 1 Legal Implications 1 Risk Management: Uepending on the option chosen by Council, there will be financial and legal implications in the implementation of the preferred option and impacts on the required staffing resources. In addition, the financial implications will include the consideration of implementing a Municipal Accommodations Tax. Policies/Legislation: ➢ Municipal Act ➢ Planning Act Corporate Strategic Goals: Continuous Improvement and Fiscal Responsibility — we deliver affordable, quality services Enhanced Communications and Customer Service — We demonstrate a culture of open communication and engagement that delivers on "customers come first" Balanced Growth -- we support business and job creation while protecting our natural environment Consultations: ➢ Town of Blue Mountains ➢ Prince Edward County ➢ Simcoe County Municipalities ➢ Township Legal Counsel ➢ Township staff ➢ Short Term Rentals Stakeholder Group Conclusion: The Township of Oro-Medonte continues to be an area that is the focus for tourism and recreation as a significant component of our employment and economic development. Due to its geographic location and close proximity to the GTA and our promotion as a tourism/recreation destination, the Township will continue to be a draw for short-term accommodation rentals. Staff have reviewed other jurisdictions both those that have proceeded to define and regulate/license short term rentals and those that have not. Staff had previously Development Services February 27, 2019 Report No. DS2019-020 Page 7 of 8 Page 72 of 255 12.a) Report No. DS2019-20, Andria Leigh, Director, Development Services... identified a series of options for Council's consideration in 2018 and direction was provided to proceed with the consideration of implementing the require planning policy/regulation updates and the implementation of a licensing regime for short-term rentals. Since that time, additional municipalities have begun or completed reviews of their policies for short-term rentals and potential planning and licensing processes to be implemented. Given the updated research and stakeholder input that has been received to date and is now available to Council, staff are requesting confirmation from Council on the previous direction provided to proceed with Option 2 as noted in this report. This Option allows the Township to implement a comprehensive policy and regulatory framework for the Township that is intended to continue to promote the Township as a great place to live, to provide options for rental accommodations in a municipality that is focused on tourism and recreation, but also seeks to achieve a balance in the public interest of both the residents and STR operators. As noted above, the current Interim Control By-law is in effect until June 28, 2019, depending on the direction provided by Council, this would need to be extended for an additional year as provided for within the Planning Act to complete the required amendments and licensing. Respectfully submitted, Andria Leigh, RPP Director, Development Services SMT Approval 1 Comments: I C.A.O. Approval 1 Comments: Development Services February 27, 2019 Report No. DS2019-020 Page 8 of 8 Page 73 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Township of Report Proud Heritage, Exciting Future Report No. OCS2019-03 To: Council Prepared By: Shawn Binns Meeting Date: February 27, 2019 Subject: SCDSB School/Community Centre Partnership Update Motion # Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. OCS 2019-03 be received and adopted; 2. That Council approve 739 Horseshoe Valley Road as the selected site for the joint facility; 3. That Council approves a Tenant's in Common approach to structure a draft agreement with the Simcoe County District School Board; 4. And that staff proceed as outlined and report back to Council. Background: In September 2017, the Township of Oro-Medonte and the Simcoe County District School Board ("Board") formalized facility partnership discussions to explore the development of a potential community hub. This hub was contemplated to include, but not be limited to, an elementary school, child and family services, and Township community centre components as set forth by the Township's Strategic Facility Plan. The 2018 Township budget included an allocation of $2,130,000 in the 5 -year capital plan to construct a 5,000-6,000 ft2 stand- alone community facility which included $130,000 for design work in 2018, as there was no certainty of a partnership or the requisite School Board funding to bring the school components to realization. In January 2018, the Board received confirmation of Ministry of Education funding approval for the new Oro-Medonte elementary school and EarlyON centre. At its meeting of June 28, 2018, Council received staff report OCS2018-18 which provided an overview of the proposed project and partnership, and authorized the execution of an initial Memorandum of Understanding with the Board. To further assess potential opportunities, refine and validate the conceptual scope, Council authorized staff to conduct a community consultation program. Operations and Community Services February 27, 2019 Report No. OCS2019-03 Page 1 of 5 Page 74 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... On October 10, 2018, Council received staff report OCS2018-24 which provided a review of the community consultation program and outlined recommendations for the Township facility components. A conceptual scope to include a full size gymnasium with auditorium/stage (shared space), Multi -Purpose Space/Kitchen (Township), trails, and the development of site master plan was approved and confirmed. Further, Council authorized the completion of additional work to review the feasibility of a fitness centre/gym and indoor walking track. In order to advance this project, numerous additional actions have taken place throughout this process and are ongoing. These include but are not limited to: i. Site selection analysis, feasibility studies and other associated due diligence; ii. Township staff have held a public consultation and engagement session pertaining to community centre needs and scope; iii. Although not directly related to partnership discussions, Board staff held an information meeting to update school communities on the status of the project, timelines and next steps regarding the accommodation of students; iv. Assessing best practices of partnerships of this nature from other organizations; V. Obtaining legal advice on various partnership and ownership structures; vi. The Township has initiated a feasibility study of a fitness centre and walking track components; vii. Releasing of an RFP for design consulting services — the design has been structured to include Township approved facility components with provisions for the potential of fitness centre and walking track, either as part of this project, or as a future phase. The Board is leading the procurement for this component of the project.; viii. Releasing of joint statements informing the community of partnership discussions as required; and, ix. Regularly updating the respective organizations. In order for the project to continue to further advance, direction on the site for the joint facility and the structure of a facility partnership agreement is required, Analysis: Site Identification After a thorough review of potential sites, a preferred location (739 Horseshoe Valley Road West) was identified early in the process. This parcel is Township owned, approximately 20 acres in size, and adjacent to other Township owned property and community facilities including the Horseshoe Valley Memorial Park, Fire Hall, Nurse Practitioner Clinic and OPP detachment. Staff were satisfied that this location best met the mutually agreed upon site criteria previously set forth and commenced with the next stage of due diligence which consisted of the following: Operations and Community Services February 27, 2019 Report No. OCS2019-03 Page 2 of S Page 75 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Archaeological Assessment; Natural Heritage Assessment; Topographic Survey; and, Traffic Impact Study. These studies have now been completed and staff and consultants are satisfied that at this stage, the site is viable for the contemplated use, subject to more detailed design. Further discussions will be required with the County of Simcoe on the proposed right in, right out access/egress from the property to Horseshoe Valley Road. Partnership Structure Township and Board staff have explored a variety of partnership models that could be applied in endeavours such as those under consideration. Essential in the determination of the details and nuances of a partnership agreement is the issue of ownership of lands and facilities. Some examples of ownership options include title residing with one party only, shared ownership, condominium concepts and severances. Both Township and Board staff, while considering legal advice and input, have agreed that a shared ownership model, or Tenant's in Common approach, appears to best reflect the mutual goals and guiding principles of this project. Such a model enables partners to share benefits and efficiencies, recognizes shared responsibilities and goals and emphasizes mutual trust, commitment and equity. Further legal analysis on this model is being completed and the structure of a draft agreement based on this approach will be developed following Council direction. Next Steps Further discussion with the County of Simcoe on secondary access/egress from the site to Horseshoe Valley Road; - Report back on feasibility study for fitness centre and walking track; Commence conceptual design and costing; Finalize Township facility components and required budgets; Identify opportunities for leveraging external funding — ex. Fundraising, grants, sale of surplus lands etc.; - Finalize draft agreement with the Board; Reports back to Council and community as project continues to evolve. Financial/Legal/Risk Management: The draft 2019 capital forecast included a project allocation of approximately $4 Million in 2021 which assumed provisions for the approved conceptual scope elements, as well as some fitness components. Upon ratification of the 2019 budget, the 2021 capital forecast allocation was reduced to approximately $2 Million. As outlined in report OCS2018-24 the change in the approved conceptual scope to include a shared enhanced gymnasium, multi- purpose program space and trails will result in additional funding requirements. While Operations and Community Services February 27, 2019 Report No. OCS2019-03 Page 3 of 5 Page 76 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... additional work to review the feasibility of a fitness centre and walking track and further design and cost estimating work is underway, the current capital forecast in 2021 is insufficient to complete the conceptual scope approved by Council in October, 2018. It is understood that this was discussed with Council during the 2019 budget ratification and Council will await more information as the project evolves. It should be noted that typical construction costs for a facility of this nature would be in the range of $275 per square foot excluding design, site work and servicing. Given the need for a sanitary system, roadway and site work, costs of $350 - $375 per square foot should be anticipated. At this stage anticipated costs to complete the approved conceptual scope would be in the order of $3,200,000. Again this would be refined through design process with construction cost estimates. Additional investment would be required for fitness facility components and will be reviewed through the feasibility study. As previously outlined, this could be a revenue generating proposition and cost neutral over a defined period of return on investment. Staff will also explore opportunities for external funding sources such as community fundraising, external grants and divestment/reinvestment of public lands. The Board has time commitments for the completion of this project. It is anticipated that the project will be completed and opened by September 2022. The time constraints do pose a risk for the project, as both parties need to be moving in sync. The preliminary design work and structure of an agreement reflects previous decisions of Council. Any changes in direction can have a significant impact on the project. Policies/Legislation: • Township of Oro-Medonte Strategic Facility Plan • Simcoe County District School Board Policy #2345 — Community Planning and Partnerships • Government of Ontario, Community Hubs in Ontario: A Strategic Framework and Action Plan. Corporate Strategic Goals: I • Continuous Improvement and Fiscal Responsibility • Inclusive, Healthy Community • Balanced Growth Consultations: • Chief Administrative Officer • Chief Financial Officer/Treasurer • Director, Development Services • Simcoe County District School Board Operations and Community Services February 27, 2019 Report No. OCS2019-03 Page 4 of 5 Page 77 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Attachments: Attachment # 1 — OCS2018-24 SCDSB School / Community Centre Partnership Update Conclusion: With due diligence of the preferred site complete, staff are now in position to formalize the planned school/community hub location as 739 Horseshoe Valley Road West. Once a design consultant is selected, preliminary design and costing activities will begin on approved facility components with provisions for the potential addition of fitness centre and walking track. Board and Township staff will continue to develop a draft partnership agreement based on a Tenant's in Common approach for Council's consideration. Staff will also continue to update Council and the community as further information becomes available. Respectfully submitted: Shawn Binns, PBDM, MBA Director, Operations and Community Services SMT Approval / Comments: C.A.O. Approval / Comments: J Operations and Community Services February 27, 2019 Report No. OCS2019-03 Page 5 of 5 Page 78 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Council Meeting Minutes —Wednesday, October 10, 2018. 10.Identific 'From the Public of an Agenda Item of Interest: Provides an opportunity for me of the public to identify an agenda item which the public member may request be brought d and considered earlier in the meeting. 11. Open Forum: None. 12. Reports of Municipal Officers: a) Report No. OCS2018-24, Shawn Binns, Director, Operations & Community Services re: SCDSB School/Community Centre Partnership Update, Motion No. C181010-3 Moved by Macpherson, Seconded by Crawford Be it resolved 1. That Report No. OCS2018-24, Shawn Binns, Director, Operations & Community Services re: SCDSB School/Community Centre Partnership Update be received and adopted. 2. That, further to Reports OCS2018-18 and OCS2017-28, the recommended conceptual project scope be approved and confirmed to include a full size gymnasium with auditorium/stage (shared space), Multi -Purpose Space/Kitchen (Township), multi- purpose trails and the development of a site master plan subject to further review and approval by Council. 3. That staff be authorized to undertake additional work to review the feasibility of a fitness centre/gym and indoor walking track. 4. That staff proceed as outlined and report back to Council. Carried. b) Rep o. DS2018-90, Andria Leigh, Director, Development Services re: Planning Division ARCR4W Summary (Development Applications, Planning and GIS Projects) April 2018 -September 8. Motion No. C181010-4 Moved by Macpherson, Seconded by Couta Be it resolved that Report No. DS2018-90, Andria Leigh, ctor, Development Services re: Planning Division Activity Summary (Development ications, Planning and GIS Projects) April 2018 -September 2018 be received for informa ' urposes and posted on the Township's website. Page 3 of 7 Page 79 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... TownsI , o, f Report Proud Heritage, Exciting Future Report No. OCS2018-24 To: Council Prepared By: Shawn Binns Meeting Date: October 10, 2018 Subject: SCDSB School/Community Centre Partnership Update Motion # _CV% 1c) to - Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report OCS2018-24 be received and adopted; 2. That the recommended conceptual project scope be approved and confirmed to include a full size gymnasium with auditorium/stage (shared space), Multi - Purpose Space/Kitchen (Township), multi-purpose trails and the development of a site master plan subject to further review and approval by Council. 3. That staff be authorized to undertake additional work to review the feasibility of a fitness centre/gym and indoor walking track. 4. And that staff proceed as outlined and report back to Council. Background: At its meeting of June 28, 2018 Council received staff report OCS-2018-18 which provided an overview of the proposed partnership with the Simcoe County District School Board (SCDSB) (Attachment #1). To further assess potential opportunities, refine and validate the project scope (shared enlarged/enhanced gymnasium and dedicated multi-purpose space) and to review additional considerations, Council authorized staff to conduct a community consultation program. The intent of this report is to provide Council with an update on the project, to provide the results of the consultation program, to confirm and seek direction on the conceptual project scope and to outline next steps. Operations and Community Services October 10, 2018 Report No. OCS2018-24 Page 1 of 6 Page 80 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Analysis: Preferred location - 739 Horseshoe Valley Road As previously outlined, a number of technical reports are being completed to identify any potential issues and confirm the feasibility of the project to proceed at this location. The status of reports are as follows: Archaeological Assessment - Complete, awaiting report. Natural Heritage Assessment/Species at Risk Screening — Fieldwork complete. awaiting report Traffic Impact Study - Draft report under review. Topographic Survey— Complete. To date, the reports have not identified any significant constraints associated with the development at the proposed location. Community Consultation The purpose of the community consultation program was to share information with the community on the proposed project and to seek input on the following: • Level of interest in the proposed scope of a full size gymnasium with possible enhancements and dedicated multi-purpose program space; • Community interest in specific types of activities to be accommodated in facilities; • Interest in other potential indoor and outdoor facilities for consideration as part of the project or in future phases; • Degree of support for investing additional Municipal funding into the partnership to optimize the opportunity for a quality community centre and park; • Degree of support for various ways to fund the project and; • Suggestions/opportunities for additional partnerships. The community consultation program consisted of the following: 1) Community Forum — Held on August 14, 2018 with approximately 80 people in attendance. 2) Community Survey-- Held August 15 — September 5. The survey generated approximately 469 household responses representing approximately 1070 people. 3) Feedback obtained from updates on the Township's Facebook page. The following is a summary of key findings: • The survey demonstrated strong support for the proposed full size gymnasium - (74% interested -very interested), modifications to enhance the gymnasium (72% interested -very interested) and mid-size multi-purpose room (80% interested -very interested). Operations and Community Services October 10, 2018 Report No. OCS2018-24 Page 2 of 6 Page 81 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... • A wide range of uses were suggested with typical programming and utilization consistent with these types of facilities. There was very strong support for group fitness, as well as adult and older adult programming. The response to potential uses and programming suggests that, although adult use may be strongest, that the facility should be well used by all ages. • Both the survey and forum identified a community demand for a dedicated fitness facility (gym) as well as a functional commercial kitchen in the multi-purpose space. A walking track was also referenced. • The establishment of trails ranked the highest for outdoor facilities (74% survey and 100% forum) followed by a water play facility and other facilities. • Via the survey -- 42% of respondents "fully supported" and 45% "somewhat supported" additional investment to optimize the opportunity for enhancements to the community centre. Via the forum 72% supported additional investment. However, there is mixed opinion on how this could/should be funded. The consultation also outlined a number of concerns, specifically: Safety-- associated with Horseshoe Valley Road and pedestrian access Impact on adjacent properties Structure of agreement with the SCDSB— Concerns re: Shanty Bay Community,Centre arrangement cited. The detailed report on the results of the community consultation program is attached for reference (Attachment #2). Township Facility Components The existing business plan and budget allocation (established prior to the potential for partnership with the school board) has provided for approximately 6,000-7,000 ft2 of flexible program space with washrooms and kitchenette. Following a review of facility needs as well as trends and opportunities that could be leveraged through a partnership, discussions on the project scope have revolved around a larger enhanced gymnasium (joint use element) and flexible program space (Township). The community consultation program has demonstrated strong community support for these facility components as well as demand for a dedicated fitness facility (gym). This project has followed a dynamic path, which is inherent in the evolutionary nature of a partnership. To continue to advance the project and structure an agreement with the SCDSB, as well as to further refine the project scope and associated financial considerations, a conceptual project scope must be confirmed. Following a review of the strategic facility plan, the initial community consultation program, and trends/opportunities, the following is being recommended for the conceptual scope of the Township facility components: • A full size gymnasium with possible enhancement Le auditorium/stage/floor (approximately 6,500 ft2) — shared use between the SCDSB and Township. Operations and Community Services October 10, 2018 Report No. 0052018-24 Page 3 of 6 Page 82 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Conceptually this would be used by the SCDSB during the day during school hours and the Township on evenings/weekends. Multi-purpose program space and kitchen facility (approximately 3,000-4,000 ft2) The establishment of multi -use trails and the completion of a master plan for the site and adjacent lands. Further, it is recommended that additional work be completed to review the feasibility of a dedicated fitness centre/gym (approximately 4,000 — 5,000 ft2) and an indoor walking track. There is strong community demand for these facilities and potential for a revenue generating proposition. As part of the continued refinement of the scope of the Township facility components, additional opportunities for partnerships and private sector development will continue to be monitored and pursued. Next steps • Complete necessary technical studies (fall 2018) • Engage architectural consultant in partnership with SCDSB (fail 2018) • Undertake initial conceptual design / refine Township facility components and associated cost considerations (Q4 2018, 01-Q2 2019) • Continue to work through partnership agreement with the SCDSB (fall 2018) • Report back to Council for further discussion during 2019 business planning and report in Q1 2019. 'Timelines for further communication and reporting to both Council/Board and the community will continue to evolve as the scope, timeline, and arrangement of the project becomes more clearly defined. Financial/Legal/Risk Management: While there would be no additional costs to the Township during this term of Council, augmenting the scope of the project will require additional municipal investment beyond the current approved capital budget allocations. Further planning/design work is required to finalize potential facility elements and associated cost considerations for further direction from Council. In addition to traditional funding methods, staff will continue to explore opportunities for sources of funding to optimize the net benefit to the community while minimizing pressures on the tax levy. The SCDSB has time commitments for the completion of this project. The time constraints do pose a risk for the project, as both parties need to be moving in sync. Township and SCDSB staff continue to work collaboratively, respecting each other's distinct needs and processes while remaining committed to the partnership. Operations and Community Services October 10, 2018 Report No. OCS2018-24 Page 4 of 6 Page 83 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Policies/Legislation: Township of Oro-Medonte Strategic Facility Plan Simcoe County District School Board Policy #2345 — Community Planning and Partnerships Government of Ontario, Community Hubs in Ontario: A Strategic Framework and Action Plan. Corporate Strategic Goals: Continuous Improvement and Fiscal Responsibility Inclusive, Healthy Community Balanced Growth Consultations: • Chief Administrative Officer • Chief Financial Officer/Treasurer • Director, Development Services • Simcoe County District School Board • Community at large Attachments: Attachment # 1 — Report OCS2018-18 Attachment # 2 - Report - Community Engagement Program for the Proposed Horseshoe Valley Community Centre (Rethink Group) Conclusion: The potential partnership with the Simcoe County District School Board for a new elementary school / community centre presents a unique opportunity to leverage public resources and develop a facility to meet the evolving needs of the community. This proposed project has followed a dynamic path, which is inherent in the evolutionary nature of a partnership. To continue to advance the project and structure an agreement with the SCDSB, as well as to further refine the project scope and associated financial considerations, a conceptual project scope must be confirmed. Following a review of the strategic facility plan, the initial community consultation program, and trends/opportunities, the following is recommended for the conceptual scope of the Township facility components subject to further review and approval, Operations and Community Services October 10, 2018 Report No. OCS2018-24 Page 5 of 6 Page 84 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... • A full size gymnasium with possible auditorium/stage (approximately 6500 ft2) — shared use between the SCDSB and Township. • Multi-purpose program space and kitchen facility (approximately 3,000-4,000 ft2) • The establishment of multi -use trails. • The completion of conceptual site master plan for the site and adjacent lands. Further, it is recommended that additional work be completed to review the feasibility of a dedicated fitness centre/gym and indoor walking track. Respec,fully submittgd: Shawn Binns, PBDM, MBA Director, Operations and Community Services SMT Approval I Comments: C.A.a. Approval / Comments: Operations and Community Services October 10, 2018 Report No. OCS2018-24 Page 6 of 6 Page 85 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: OCS2018-18 Council Shawn Binns 1 Andria Leigh Meeting Date: Subject: Motion # June 28, 2018 SCDSB School/Community `I -%blob $ Centre Partnership Update Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report OCS2018-18 be received and adopted; 2. That the Mayor and Clerk be authorized to execute the Memorandum of Understanding with the Simcoe County District School Board; 3. And further that, staff be authorized to conduct the community consultation sessions and proceed as outlined. Background: Strategic Facility Plan Completed in 2010, the Township's Strategic Facility Plan provides a guiding framework for the provision of community recreation facilities. Specifically, the plan recommended that a new community centre be built in either the growing Craighurst community or further east along the Horseshoe Valley corridor to provide space suitable for floor based fitness/wellness programming for all ages, and specifically an aging population. The plan also recommended the facilitation of partnerships and pursuing opportunities with the School Board to provide a full-size single gymnasium for both the school and community. Operations and Community Services .lune 28, 2018 Report No. OCS2018-18 Page 1 of 8 Page 86 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Acquisition of 739 Horseshoe Valley Road In 2013, Council acquired 739 Horseshoe Valley Road, a 19 acre property adjacent to the Horseshoe Valley Memorial Park, Fire and Emergency Services Station 3 and the Huronia Nurse Practitioner Clinic for future municipal facility requirements (attachment #1). Capital Plan The Township's five-year capital plan has allocated a total of $2,130,000 for the development of a central community centre. In 2018, $130,000 was approved for planning and conceptual design work following partnership discussions with the Simcoe County District School Board (SCDSB). Current plans would see construction commence in 2020, Evolving partnership with SCDSB At its meeting of September 12, 2017, Council received Staff Report OCS2017 2S Partnership Opportunity Simcoe County District School Board (attachment #2) which outlined an opportunity for a potential partnership to construct a new elementary school / community centre in the Horseshoe Valley area. Council passed Motion No. C170913- 18 authorizing staff to enter into discussions with the Simcoe County District School Board and to report back to Council on the progress of the discussion. In early 2018, the Simcoe County District School Board received provincial approval to build a 357 pupil place school with a one -room EarlyON centre in the Township of Oro- Medonte. The intent of this report is to provide Council with an update on the advancement of a potential partnership with the Simcoe County District School Board and recommended next steps. Analysis: Current Status Through ongoing discussions between the Township and the School Board, it was acknowledged that there was an alignment between the respective organizations regarding a proposed facility, and further, that there could be benefits to both parties in considering a joint facility. As a result, staff discussions have advanced to the point where site identification, feasibility analysis, and other associated due diligence reports have commenced. Operations and Community Services June 28, 2018 Report No. OCS2018-18 Page 2 of 8 Page 87 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Site Location Staff at the Township and the School Board undertook a preliminary analysis of potential facility sites based on general criteria regarding location, site characteristics, ease/cost of acquisition, policy alignment and timelines. This resulted in the identification of four potential facility locations: a) the site designated through the Craighurst Secondary Plan and subject to the draft plan of subdivision application submitted by Craighurst Land Corp; b) a privately held parcel in the Horseshoe Valley area; c) the former Edgar Occupational Centre/RCAF Station located at swine 3 North and Bass Lake Side Road; and d) the Township owned property east of the intersection of Horseshoe Valley Road and Line 4 North (known as 739 Horseshoe Valley Road West). In order to assist with a more detailed investigation of potential sites and determine a preferred location, the Board and Township staff jointly developed a detailed list of site selection criteria as set out below: Considerations General Criteria Geographic Area Site Size Legal Land Claims Natural Features Cultural Heritage Provincial Planning Policies County Policy and Regulations Municipal Policy and Regulations Specific Site Conditions Developable Site Area Environmental Conditions Serviceability Public Services Location Safety Availability/Timing Cost Public Acceptance After a more detailed investigation utilizing the site selection criteria, staff at both the Township and School Board are satisfied that the Township property located at 739 Horseshoe Valley Road West best met the mutually agreed upon criteria and on that basis commenced with the next stage of the required due diligence on the preferred location. This parcel is Township owned, approximately 20 acres in size, and is located adjacent to other Township owned propertieslcommunity facilities including: the 4th Line park, Station 3- Fire Headquarters, The Nurse Practitioner Clinic, and the OPP satellite office. Operations and Community Services Report No. OCS2018-18 June 28, 2018 Page 3 of 8 Page 88 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Currently the following technical reports are underway and are expected to be completed by the fall of 2018: - Archaeological Assessment - fieldwork in progress - Natural Heritage Assessment/Species at Risk Screening - fieldwork in progress - Traffic Impact Study - background work completed - Topographic Survey - fieldwork in progress Once these reports are received, staff will be required to review and identify any issues resulting from these reports that would impact the potential to further proceed with the development of this preferred site for a joint facility. Planning considerations The preferred location at 739 Horseshoe Valley Road West is located within a hub of other community facilities as noted above including: community park, fire headquarters, nurse -practitioner clinic and the OPP satellite office. Currently all of these community facilities are located immediately adjacent to, but not within the Rural Settlement Area of Horseshoe Valley. All of these lands are designated Rural by the Township's Official Plan. Section C2.2 of the Township's Official Plan states, "Institutional Uses such as schools, places of worship, and community centres are also permitted uses." The proposed joint facility would therefore be considered a permitted use in the Rural designation. The Township's Zoning By-law 97-95, zones the subject lands as Agricultural/Rural (A/RU) consistent with the Horseshoe Valley Memorial Park, while the Fire Headquarters, Nurse -Practitioner clinic and OPP satellite office are zoned Open Space (OS). Neither the A/RU or OS zones identify these types of community facilities within the permitted uses. The Township's Zoning By-law does however contain a general zone provision in Section 5.25 Public Uses as follows: 5.25 Public Uses The provisions of this By-law shall not apply to prevent the use of any land, building or structure by any public authority provided that: (a) such use, building or structure complies with the yard, setback and height provisions of the Zoning in which it is located; and. (b) No outdoor storage is permitted, unless such outdoor storage is specifically permitted in the Zone." Public Authority is defined as: "Means any Provincial, County or Municipal commission, board, or authority." Based on this definition both the Township and School Board are considered Public Authorities. Operations and Community Services June 28, 2018 Report No. OCS2018-18 page 4 of 8 Page 89 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... The existing buildings: Fire Headquarters, OPP satellite office and Nurse -Practitioner clinic were all constructed under this same general provision in the Township's zoning by-law as they are considered public uses, which has allowed them to be constructed in both the A/RU and OS zones in this area. Township and School Board staff have held discussions with County of Simcoe staff with respect to the ability to expand the Rural Settlement Area of Horseshoe Valley to include these existing community facilities. The County will be considering this expansion during the completion of the County Municipal Comprehensive Review (MCR) process. In the short term, County staff are aware and supportive of the proposed joint facility proceeding under the Public Uses permission that already exists in the Township Zoning By-law. Based on this general provision, the proposed joint Township/School Board facility would be considered a permitted use for the 739 Horseshoe Valley Road West site. Should the due diligence be completed and continue to confirm this preferred location, the siting and design will be required to ensure the proposed facility complies with the yard, setback, and height requirements of the Agricultural/Rural zone as noted above. Memorandum of Understanding As both the Township and SCDSB are investing significant effort in the advancement of a partnership, it is important that this relationship be formally structured and endorsed by both parties. Accordingly, a Memorandum of Understanding (MOU) has been drafted as an interim agreement while the specific details surrounding the partnership are worked out. The agreement would be in effect until such time as a partnership agreement is either: a) endorsed or b) this MOU cancelled by either party. Appendix 1 of the MOU outlines a number of specific considerations on the relationship that will require clarification in a more detailed partnership agreement. Township Facility Components The current plans and budget allocation have provided for approximately 7,000 ft2 of flexible program space with washrooms and kitchenette. Following a review of facility needs, trends and opportunities that could be leveraged through a partnership, the initial discussion with the SCDSB has revolved around a larger gymnasium and performing arts stage to support arts and culture (joint use elements) and flexible program space (Township and Community Use). As a next step, staff are proposing to undertake a community consultation program that will further seek to share information, assess other opportunities for partnership, refine facility needs and components, as well as to further assess operating considerations, including annual operating costs. It is important that the conceptual scope of the facility be clearly defined prior to undertaking a consultation program to ensure the public has realistic expectations of what can be achieved with current budget allocations. Specifically, a larger gymnasium and performing arts stage to support arts and culture (joint use elements) and flexible program space (Township and Community Use) are recommended. Operations and Community Services June 28, 20'18 Report No. OCS2018-18 Page 5 of 8 Page 90 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... In addition to further exploring opportunities for other partnerships in the proposed facility, opportunities exist to augment the Township's budget through the potential sale of the land to the school board and/or the potential sale of surplus parkland (divestment/reinvestment). Community fundraising also presents an opportunity, These aspects will be reviewed in greater detail and form part of the opportunity assessment associated with the initial community consultation program. Next steps As Township and Board staff continue to determine the feasibility of the preferred location, and await the findings of the associated studies, previous discussions continue to be built upon. The following are the expected next steps along with anticipated timelines: i. Township staff will hold a public consultation and engagement sessions pertaining to proposed plans and community centre opportunity/needs — July / August 2018; ii. Establishment of detailed project plan --August 2018; iii. Establish a draft joint use agreement for Board and Council consideration — fall 2018; and, iv. Commence with design -- upon conclusion and confirmation of due diligence and Township community centre requirements. *Timelines for further communication and reporting to both Council/Board and the community will continue to evolve as the scope, timeline, and arrangement of the project becomes more clearly defined. Staff believe a unique opportunity exists for the Board and Township of Oro-Medonte to arrive at a solution that is not only viable, but one that would both meet the needs of the public elementary students in the Township as well the community as a whole. It is the intent of staff to maintain transparency in the process and further updates will be provided to stakeholders as the project advances. Financial/Legal/Risk Management: Partnership Working through the details of a partnership will require a significant investment of time and energy. It will be important to review how the partnership will function for the life of the agreement, not only for the construction of facility, but also for future considerations, such as the operation of the facility, future facility capital works and even divestment of the asset. The Township and SCDSB have shared vision and values and common objectives for this proposed project. This alignment, along with the Township having control of the 739 Horseshoe Valley Road property minimizes the potential to not advancing to a point where a partnership agreement would not materialize. There is a risk of time as the SCDSB has a timeline for construction. For this to be achievable, the Township will need to expedite its work to align with SCDSB timelines. Operations and Community Services June 28, 2018 Report No. OCS2018-18 Page 6 of 8 Page 91 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Financial considerations Preliminary work on the design of the facility and potential arrangements with the SCDSB must be completed prior to refining capital and operating costs estimates associated with the project. Policies/Legislation: Township Official Plan Township Zoning By-law 97-95 Township of Oro-Medonte Strategic Facility Plan Simcoe County District School Board Policy #2345 — Community Planning and Partnerships Government of Ontario, Community Hubs in Ontario: A Strategic Framework and Action Plan I Corporate Strategic Goals: I Continuous Improvement and Fiscal Responsibility Inclusive, Healthy Community Balanced Growth Consultations: Chief Financial Officer/Treasurer Simcoe County District School Board Attachments: Attachment # 1 — 739 Horseshoe Valley Road Attachment # 2 - Report OCS2017-28 Attachment # 3 — Draft Memorandum of Understanding Conclusion: The potential partnership with the Simcoe County District School Board for a new elementary school / community centre presents a unique opportunity for a viable solution to leverage public resources to address community needs. Operations and Community Services June 28, 2018 Report No. OCS2018-18 Page 7 of 8 Page 92 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... This proposed project has followed a dynamic path, which is inherent in the evolutionary nature of a partnership. Specific details surrounding the feasibility of the preferred location, the partnership arrangement and complete scope and cost of the project will be refined over the coming months. A community consultation program will be undertaken to further assess potential opportunities, refine and validate the scope (a shared gymnasium with considerations for cultural programming and dedicated flexible program space) and cost of the project as well as future considerations for the site development. Respectfully submitted: Shawn Binns, PBD , MBA Director, Operations and Community Services SMT Approval / Comments: Operations and Community Services Report No. OCS2018-18 Andria Leigh, MCIP, R P Director, Development Services C.A.O. Approval ! Comments: June 28, 2018 Page 8 of 8 Page 93 of 255 -7 1. 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Page 95 of 255 ?ot��rasltt� of Report ,Proud Heritage, Exciting Future Report No. To: Prepared By: OCS2017-28 Council Shawn Binns Meeting Date: Subject; Motion # September 13, 2017 Partnership Opportunity - _ 1,7 oci r Simcoe County District Roll #: School Board F.M.S. Pile 4: Recemmenclation(s): Requires Action _ - For Information Only .-7 It is recommended: 1. That Report No. OCS 2017-28 be received and adopted; 2. That Staff be authorized to enter into discussions with the Simcoe County District School Board regarding facility partnership opportunities as set out in Report 0CS2017-28; 3. That staff report back to Council on the progress of discussions. Background; The Township's Strategic Facility Plan completed in 2010 provides a guiding framework for the provision of Community Service Facilities. The plan reinforces the importance of community partnerships and provides specific recommendations for the provision of facilities which are integrated into the Township's long term business planning. The approved 2017 capital budget includes funding of $50,000 to commence Master Planning for a new Community Centre in the Township to be located within the Horsheshoe Valley Corridor, To this end, Township staff maintain regular dialogue with local school boards to discuss short and long-term community needs and planning objectives, to share information on capital plans and to review opportunities for synergies and opportunities for partnerships, In late 2016, staff became aware of the Simcoe County District School Board's accommodation pressures, which are being fueled by accelerated growth, changing community demographics, and aging infrastructure. operations and Community Services September 13, 2017 Report No. OCS2017-28 Page 1 of 4 Page 41 of 68 Page 96 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... Page 97 of 255 12.b) Report No. OCS2019-3, Shawn Binns, Director, Operations and Commun... 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Page 188 of 255 12.d) Report No. DS2019-21, Andria Leigh, Director, Development Services... Page 189 of 255 12.d) Report No. DS2019-21, Andria Leigh, Director, Development Services... Page 190 of 255 12.d) Report No. DS2019-21, Andria Leigh, Director, Development Services... Page 191 of 255 12.e) Report No. DS2019-22, Curtis Shelswell, Chief Municipal Law Enforc... Page 192 of 255 12.e) Report No. DS2019-22, Curtis Shelswell, Chief Municipal Law Enforc... Page 193 of 255 12.e) Report No. DS2019-22, Curtis Shelswell, Chief Municipal Law Enforc... Page 194 of 255 12.e) Report No. DS2019-22, Curtis Shelswell, Chief Municipal Law Enforc... Page 195 of 255 12.f) Report No. DS2019-23, Curtis Shelswell, Chief Municipal Law Enforc... Page 196 of 255 12.f) Report No. DS2019-23, Curtis Shelswell, Chief Municipal Law Enforc... Page 197 of 255 12.f) Report No. DS2019-23, Curtis Shelswell, Chief Municipal Law Enforc... Page 198 of 255 12.g) Report No. HR2019-2, Tamara Obee, Manager, Human Resources, Health... Page 199 of 255 12.g) Report No. HR2019-2, Tamara Obee, Manager, Human Resources, Health... Page 200 of 255 12.g) Report No. HR2019-2, Tamara Obee, Manager, Human Resources, Health... Page 201 of 255 12.g) Report No. HR2019-2, Tamara Obee, Manager, Human Resources, Health... Page 202 of 255 13.b) Mayor H.S. Hughes re: Governance Peer Feedback. Page 203 of 255 14.a) Announcements of Interest to the Public: Township of Oro-Medonte N... Page 204 of 255 14.a) Announcements of Interest to the Public: Township of Oro-Medonte N... - - --- --- Page 205 of 255 14.a) Announcements of Interest to the Public: Township of Oro-Medonte N... 312: Tjndpf!Dpvouz!Bhf.Gsjfoemz!! 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Buuo;!Bhf.Gsjfoemz!Tfojpst!Ipvtjoh!Hsbou!Qsphsbn dpnqmfufe!qsjps!up!gspn!puifs!Dpvouz! 2221!Ijhixbz!37-!Njeivstu-!PO!!!!M:Y!2O7 hsbou!bqqspwbmpg!Tjndpf!hsbou! –!Dpotusvdujpo!qspkfdut!qsphsbnt!bhfgsjfoemzAtjndpf/db uibu!ep!opu!ibwf!mpdbm!–!Dptnfujd!sfopwbujpot! )816*!837.:411!fyu/!2516 nvojdjqbm!cvjmejoh!boe!sfqbjst bqqspwbm-!!xifsf!–!Qvsdibtf!pg!mboe! bqqmjdbcmf!–!Mboetdbqjoh –!Qspkfdut!sfdfjwjoh!–!Spvujof!nbjoufobodf Opuf;!Jogpsnbujpo!jo!uijt!Gbdu!Tiffu!jt!tvckfdu!up!dibohf!! gspn!ujnf!up!ujnf!bu!uif!ejtdsfujpo!pg!uif!Dpvouz!pg!Tjndpf Opuf;!%611-111!jt!uif!nbyjnvn!bnpvou!bwbjmbcmf!up! ejtusjcvuf!cfuxffo!bmm!qspkfdut!bqqspwfe!gps!gvoejoh/ Page 207 of 255 14.b) Correspondence received February 10, 2019 from Ralph Giffen, Chair... Page 208 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Sustainability Committee Meeting Minutes Date: Thursday, January 10, 2019 Time: 10am-12pm Location: SSS Office, 105 Fourth Street, Midland, ON In Attendance Brenda Armstrong, Program Manager, , Simcoe Muskoka District Health Unit Chris McLaughlin, General Manager, NSCFDC Councillor Ron Stevens, Township of Severn Councillor Jeff Bumstead, Township of Tay Deputy Mayor Anita Dubeau, Town of Penetanguishene Doug Luker, CAO, Township of Tiny Michelle Hudolin, Wetlands and Habitat Biologist, Severn Sound Environmental Association Nick Popovich, Director of Development Services, Township of Georgian Bay Tracy Roxborough, Sustainability Coordinator, Sustainable Severn Sound Victoria Ervick, Climate Change Action Plan Coordinator, Sustainable Severn Sound Regrets Alicia Hall, Sustainable Operations Analyst, County of Simcoe Andrea Betty, Director of Planning and Community Development, Town of Penetanguishene Aisha Chiandet, Water Scientist, Severn Sound Environmental Association CouncillorJonathan Main, Town of Midland Councillor Carole McGinns, Town of Midland Deputy Mayor Steffen Walma, Township of Tiny & County of Simcoe representative Jennifer Schnier, Communications and Economic Development Officer, Township of Georgian Bay Julie Cayley, Executive Director, Severn Sound Environmental Association Morgan Levison, Climate Change Lead, Healthy Environments Program, Simcoe Muskoka District Health Unit Tyler Hunt, Sustainable Operations Supervisor, County of Simcoe 1.0Approval of agenda SC Chair D. Luker requested any addition and/or changes to the agenda. Item 5.2 added. Moved by R. Stevens, seconded by A. Dubeau. Carried. 2.0 Approval of minutes from the 6-Dec-2018 SC meeting (pages -) No comments and/or corrections were received. Motion to approve the 6-Dec-2018 minutes. Moved by N. Popovich, seconded by J. Bumstead. Carried. SSS and SC Minutes, 10-Jan-2019 Page 1 Page 209 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... 3.0 SSS work plan items 3.1Reports to Councils, committees and/or municipal staff The following information was submitted to Councilsin Dec-2018: –Approved SC meeting minutes 8-Nov-2018, available at: https://www.sustainablesevernsound.ca/agendas.php -Next report from SSS to Councils to be sent mid-Jan-2019 to mid-Mar-2019, corresponding with delegations. Delegations to be completed with the objectives to: A.support SSS’s budget request for 2019, B.acquire approval of municipal-level GHG reduction targets and municipal-level action plan (see Item 3.2) 3.2Update on the development of the municipal-level climate change action plans 1.Midland:Deadline for draft by SSS is 25-Jan-2019, presentation to Technical Review Committee proposed for 19-Feb-2019. 2.Penetanguishene: Draft sent to department heads/Technical Review Committee members for comment on 20-Dec-2018, presentation to TRC by SSS on 10-Jan-2019, delegation to Council TBD. Draft available at: https://drive.google.com/file/d/1RTq19XYpSOOlAJnVmFW1CefGa731rW4M/view?usp=sharing 3.Georgian Bay: Draft shared with N. Popovich on 17-Dec-2018 for comment, to be reviewed during meeting with SSS staff and N. Popovich on 24-Jan-2019,prior to sending to Township staff, budget delegation to Council 15-Jan-2019, presentation to Planning Council proposed for 7-Mar-2019, draft available at: https://drive.google.com/file/d/1Sbxbl4eYBLfD4NyTrr2EbjMY5-60wXZa/view?usp=sharing 4.Severn:Draft available, to be discussed with R. Stevens prior to sending to Township staff in mid-Jan, Mar-2019 presentation to be scheduled with R. Steven’s approval, draft available at: https://drive.google.com/file/d/1F-ulsD0QVuCDYNOs_ecK_W7fWa5zvyq5/view?usp=sharing 5.Oro-Medonte:Presentation to Council scheduled for 9-Jan-2019, requesting (a) 2019 budget contribution, (b) PCP membership commitment and (c) provision of outstanding energy data to SSS in order to complete the Township’s 2015 GHG baseline profile, presentation available at: https://drive.google.com/file/d/1W7ioem1oDHLlcEdL4oJeNmHMo2nTuHYG/view?usp=sharing SSS and SC Minutes, 10-Jan-2019 Page 2 Page 210 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... 6.Tiny: Draft available, meeting with Administrative and Public Works managers on 17- Jan-2019 to review draft, delegation to Council scheduled for 30-Jan-2019, draft available at: https://drive.google.com/file/d/1stAGeiZuU-CQSAAweiBFsmioLL5atgMt/view?usp=sharing 7.Tay:Draft available,sent to department heads for comment on 3-Jan-2019, delegation to Council proposed for either 13-Feb-2019 or 13-Mar-2019, draft available at: https://drive.google.com/file/d/11ZGc2PIaLVg7BiHQrHGU6DWiCsaZf2RY/view?usp=sharing 3.3Update on municipal PCP membership status 2019 National Measures Report survey -Deadline 15-Feb-2019 to have your municipality's achievements related to climate change included in FCM’s report, SSS is here to assist you in: Identifying actions your municipality is taking to reduce GHGs (such as buildings, energy systems, transportation, etc.) Outliningany policies, bylaws, programs or projects used to move this action forward Identifying the scale and stage of implementation Confirming (if any) your targets and expected outcomes Action Item: Each Sustainability Committee member is responsible for recommending 1- 2 actions or projects to SSS from their municipality that they would like recognized. V. Ervick to look at FCM Survey, & identify further information as to what is needed re: identified actions & projects. 4.0 2019 SSS work plan, summary presentation (pages -) Action Item: SSS to draft a letter addressed to CAO’s and cc: SC Council members, requesting (1) the consideration to include the climate change action plan and PCP program commitment in the Strategic Plan, (2) the request to be contacted during the strategic planning process, and (3) identify reasons as to why this would be beneficial to each municipality. 5.0SSS Budget 5.1 31-Dec-2018 financial statement (pages -) Motion to receive for information. Moved by N. Popovich, seconded by R. Stevens. Carried. SSS and SC Minutes, 10-Jan-2019 Page 3 Page 211 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Action Item: SSS to submit a letter to Donna Goodwin requesting that the County of Simcoe consider extending the deadline for the Arts, Culture and Heritage grant ($9,247.75) into 2019 for future use. T. Roxborough to send out 2019 budget request letters to municipal partners as needed. 5.2 FCM Climate Change Staff Grant – update Action Item:T. Roxborough to provide update at 7-February-2019 meeting re: reconsideration of the climate change staff grant from FCM. 6.0 Other business and roundtable information-sharing 6.1 SSS and SC Terms of Reference, updated membership list (pages -) Action Item: Update SC Council andPCP program appointees (Oro-Medonte, Georgian Bay TBD), and County of Simcoe PCP program appointees. SSS to bring the 2019 Terms of Reference forward to the 7-Feb-2019 SC meeting,including updated membership list for approval. Consider the process of re-electing / electing SC Chair, and bring to 7-Feb- 2019 meeting. 6.2Submission by SSS and the SC re: Preserving and Protecting our Environment for Future Generations: A Made-in-Ontario Environment Plan –ERO number, 013-4208: https://ero.ontario.ca/notice/013-4208#, comment period 29-Nov-2018 – 28-Jan-2019. –Action Item: SSS to submit comments to SC members by 17-Jan-2019. Please send any comments or suggestions to SSS by 24-Jan-2019. SSS will submit to municipalities to be received for information. SSS and SC Minutes, 10-Jan-2019 Page 4 Page 212 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... 6.3Georgian Bay Biosphere’s Climate Change Planning Meeting, 21-Jan-2019 Action Item: V. Ervick to send e-mail to SC members with details re: GBBR event, please RSVP. 6.4 Clean Air Partnership Corporate Energy Managers Workshop summary (pages -) 7.0 2019 SSS and SC Meeting Schedule (page ) Adjournment: Time: 12:00pm Next Meeting: When: Thursday, February 7, 2019 Time: 10am-12pm Where: SSS Office, 105 Fourth Street, Midland SSS and SC Minutes, 10-Jan-2019 Page 5 Page 213 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Motion to adjourn. Moved by R. Stevens, seconded by N. Popovich. Carried. 8.0 Roundtables SSEA – Tentatively meeting is January 24, 2019 (TBC). Deadline to order tree seedlings is 18-Jan- 2019, please contact Michelle Hudolin if interested. SMDHU – Waiting to hear back from Health Canada grant, which would help SMDHU continue having staff working on our climate change project. NSCFDC – “Enhancing Respect in the Workplace” on 21-Feb-2019 – register online. Township of Tay -No updates. Township of Penetanguishene – Main St. construction is complete. Special meeting for budget discussions upcoming, looking forward to this term of Council! Opted in for Cannabis Retail Locations. Township of Severn – 15-Jan-2019 deadline for budget, voted 10-January-2019. Township of Georgian Bay - Hoping to have budget finalized in February 2019. Township of Tiny – Budget is still in progress. SSS and SC Minutes, 10-Jan-2019 Page 6 Page 214 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... ) Page 7 CDM plansemergency && , PCP program climate change, GHGsGHGs and asset management regulationclimate change, GHGs climate change, GHGs re: re: re: , , , Re: LCCAP Implementation Plan, Strategy 1, Rec.1 analysisanalysisanalysisanalysis 19 &&& & level climate change action planslevel climate change action plans Councils/staff -- -20 n ission -Ja 10 , annual progress report #1)annual progress report #2) annual progress report #2) -- & submission to Councils/staff, re:& submission to & submission to Councils/staff& submission to Councils/staff annual progress report #1) - - Minutes ter #2 (bi strategic plans (climate policy) SC nd a SSS Presentation of 2019 work plan items by V. ErvickStatus of Council endorsement of municipalBest practice report reviewcommitment &Status of Council endorsement of municipalBest practice report reviewrequirementsReview of revised OTF Grow Grant for May submission (Best practice report reviewBest practice report reviewmanagement plansFinal review of OTF Grow Grant for submStatus of Partners for Climate Protection (PCP) program milestone progressStatus update of annual GHG data collection Status update of annual GHG data collection Review of newsletter #1(biStatus update of annual GHG data collection Release of newsletter #1 (biStatus update of annual GHG data collection Review of 2020 budget request letters to municipalitiesCompletion of annual Partners for Climate Protection program reportingReview of 2020 work plan itemsReview of newsletter #2 (biDiscussion of reporting requirements for FCM Annual PCP Members SurveyPresentation of 2020 work plan itemsRelease of newslet Purpose 1 12pm12pm12pm12pm12pm12pm12pm12pm12pm12pm12pm12pm ------------ Time 10am10am10am10am10am10am10am10am10am 10am10am10am SSS and SC Meeting Schedule, 2019 .0 DateThursday, January 10, 2019Thursday, February 7, 2019Thursday, March 7, 2019Thursday, April 11, 2019Thursday, May 9, 2019Thursday, June 6, 2019Thursday, July 11, 2019Thursday, August 8, 2019Thursday, September 5, 2019Thursday, October 10, 2019Thursday, November 7, 2019Thursday, December 5, 2019 All meetings take place at the SSS office, located at 105 Fourth Street, Midland unless otherwise stated. 9 1 Page 215 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Sustainability Committee Meeting Minutes Date: Thursday, December 6, 2018 Time: 10am-12pm Location: SSS Office,105 FourthStreet, Midland, ON In Attendance Alicia Hall, Sustainable OperationsAnalyst, County of Simcoe DougLuker,CAO, Township of Tiny Chris McLaughlin, General Manager,NSCFDC CouncillorJonathan Main, Town of Midland Councillor Ron Stevens,Township of Severn Michelle Hudolin, Wetlands and HabitatBiologist, Severn Sound Environmental Association Morgan Levison, Climate Change Lead, Healthy Environments Program, Simcoe Muskoka District Health Unit Tracy Roxborough, Sustainability Coordinator, Sustainable Severn Sound Tyler Hunt, SustainableOperations Supervisor, County of Simcoe Victoria Ervick, Climate Change Action Plan Coordinator, Sustainable Severn Sound Regrets Andrea Betty, Director of Planning and Community Development,Town of Penetanguishene Aisha Chiandet, Water Scientist, SevernSoundEnvironmental Association Brenda Armstrong,Program Manager,, Simcoe Muskoka District Health Unit DeputyMayor Anita Dubeau, Town of Penetanguishene DeputyMayor Steffen Walma, Township of TinyCounty of Simcoe representative Councillor Cate Root, Township of Tay Councillor Jack Contin, Town of Midland Jennifer Schnier, Communications and EconomicDevelopment Officer, Township of Georgian Bay Julie Cayley, Executive Director, Severn Sound Environmental Association Nick Popovich, DirectorofDevelopment Services, Township of Georgian Bay 1.0 Approval of agenda SC Chair D. Luker requested any additions and/or changes to agenda. With no further additions and/or changes to the agenda, D. Luker requested a motion to approve the agenda. Moved by, R. Stevens, seconded by J. Main. Carried. 2.0 Approval of minutes from the 8-Nov-2018 SC meeting No comments and/or corrections were received. Motion to approve the 8-Nov-2018 minutes. Moved by M. Hudolin, seconded by M. Levison. Carried. SSS and SC inutes, 6-Dec-2018 Page 8 Page 216 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... 3.0SSS work plan items 3.1 Reports to Councils The following information was sent to Councils on 16-Nov-2018: -Memorandum SSS-2018-04: Update on the Repeal of the Green Energy Act (GEA) and the impact on your municipality Action item: Next report from SSS to Council’s to be sent mid Jan-2019, requesting approval of municipal-level GHG reduction targets and municipal-level climate action plan (see Item 3.2). -Submission by SSS and the SC to the Ministry of Environment, Conservation and Parks (page ), re: Provincial climate change plan consultation (‘made-in-Ontario climate plan’). Actionitem: SSS to provide comment on the plan before the Jan-2019 deadline. Draft to be provided tothe SC at the 10-Jan-2019 meeting. -Approved SC meeting minutes available at: https://www.sustainablesevernsound.ca/ agendas.php o 12-Jul-2018 o 6-Sept-2018 o 9-Aug-2018 o 4-Oct-2018 Action item:Decision made to send SC meeting minutes to clerks monthly versus quartlery. 3.2Update on the development of the municipal-level climate change action plan -Includes specific municipal recommendations, targets, GHG inventory – complimentary to the regional LCCAP. Draft municipal-level action plans provided to SC members in attendance. Action item: SSS to investigate the development of a letter addressed to municipal Councils and CAOs from SSS/SC which aligns with the Feb-2019 report to Council, with the recommendation to integrate their PCP program commitments and their respective climate change action plan goals and targets into their strategic plans. SSS and SC Minutes, 6-Dec-2018 Page 9 Page 217 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... 3.3Update on municipal PCP membership status -Joint SSS and Oro-Medonte report to be sent to Council on 9-Jan-2018 overviewing (a) value of SSS participation, (b) recommendation to join the PCP program (c) request for provision of out-standing data to SSS to complete the Township’s baseline GHG inventory and (d) to present 2019/2020 budget request. -2019 National Measures Report survey Action item: SC members to identify 1-2 actions or projects in their municipality for submission by SSS. SSS will then complete the survey on behalf of each municipality prior to the 15-Feb-2019 deadline. SSS to consider submission summarizing the collective work by SSS as supported by multiple municipalities - and the GHG reductions to be achieved if each municipality meets their targets. 4.0SSS Budget 4.1 30-Nov-2018 Financial Statement -Motion to receive 30-Nov-2018 Financial Statement for information, moved by C. McLaughlin, seconded by J. Main. Carried. SSS was not successful in receiving the FCM Climate Change staff grant. Action item: Decision made for SSS to send FCM a letter requesting additional clarification as to why application was declined. Letter to be reviewed by D. Luker and C. McLaughlin prior to submission. 5.0 Other business and roundtable information-sharing -SSEA – Finalized Strategic Plan (distributed) -Midland – Inaugural meeting has taken place, Council appointments upcoming. Save the Date forthe Buttertart Festival on June 8 2019! -Severn – Inaugural meeting has taken place, $3million Recreation Facility in the works -SMDHU – Into Phase 2 of Climate Change Action Plan, focusing on community engagement – waiting to hear back from Health Canada re: funding to do adaptation planning around climate change and health (3 year); allowing for more staff resources supporting adaptation planning andoutreach to municipalities around adaptation. SSS and SC Minutes, 6-Dec-2018 Page 10 Page 218 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... - - -NSCFDC- Put in joint application to WES from Federal Government to support entrepreniual women throughout the County of Simcoe. -Tiny: Inaugural meeting and Council orientation is complete, budget meeting taking place on December 12th. One of the cottage associations received grant from OTF for eradication of anaquatic invasive species 6.0 SSS and SC Meeting Schedule, 2018-2019 Adjournment: Time: 11:15am Next Meeting When:Thursday, January 10, 2018 Time: 10am-12pm Where:SSS Office, 105 Fourth Street, Midland SSS and SC inutes, 6-Dec-2018 Page 11 Page 219 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... 2019 work plan items January10, 2019 1 SustainabilityCommitteemeeting Our objectives The SC serves as an advisory committee to SSS by supporting the SSS objectives to: 1.Educate municipalities & their communities on sustainable practices & policies connecting them to resources, tools & funding, 2.Advance the adoption of practices/policies within municipal operations to support climate change action, GHG mitigation & sustainable communities, & 3.Advocate for sustainable environmental, social & economic practices & policies at the direction of the partner municipalities. Page 12 Page 220 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... What services does SSS provide? 1.Provides reports & research for our municipalities (i.e. best practices, policy development & funding opportunities) 2.Acts as the lead representative for our municipal partners enrolled in 3.Supports & recommends projects to reduce (mitigate) municipal & community GHG emissions 2019 workplanJFMAMJJASOND Update SC membership list & PCP Council & staff appointments, provide orientation as required endorsement of their respective GHG targets & plan Integrate PCP program commitments & climate change action plan targets & actions into municipal staff reports Review 2019 municipal budgets to identify initiatives that align with each municipalities PCP program commitment & climate change action plan, & submit a memo to each municipality for their consideration (2-3 initiatives) Best practice report submission, PCP program & climate change commitments in Council Strategic Plans Best practice report submission, revised Asset Management regulation & new climate change policy requirements Submission of final report per the FCM Municipalities for Climate Innovation funding agreement Best practice report submission, Conservation Demand Management Plan & alignment with the PCP program & their climate change action plan Best practice report submission, Emergency Management and their climate change action plan Review, revise & submit OTF Grow Grant Submission of PCP program milestone progress (2 & 3) reports to FCM Re-inventory of municipal & community GHG data (collection & analysis), acquiring data agreements with energy service providers for annual provision of data Release newsletter #1 : Bi-annual progress report #1 ( ) Draft & send 2020 budget request letters to municipalities, including the consideration for a multi-year (2020-2023) request Submission of annual PCP program reports to FCM Review of 2020 work plan items, present to SC Release newsletter #2: Bi-annual progress report #2 ( Review reporting requirements for FCM Annual PCP Members Survey & submit 1-2 initiatives per municipality Page 13 Page 221 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Sustainability Committee responsibilities 1.Support reports sent by SSS to Council through direct reference/discussion during Council meetings, esp. recommendations. 2.Act as the champion of SSS! 3.If possible, involve SSS in relevant meetings (TRC, Energy Managers, etc.). 4.Ensure SSS is kept up-to-date on the progress of the municipal budget, allowing staff to review & provide comment after approval. Ask yourself, Page 14 Page 222 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Page 15 Page 223 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Page 16 Page 224 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Page 17 Page 225 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Page 18 Page 226 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Sustainable Severn Sound (SSS) and the Sustainability Committee (SC) Terms of Reference Background In 2008, local regional municipalities and their communities’ first demonstrated sustainability leadership by adopting the regional Sustainability Plan. This action led to the creation of Sustainable Severn Sound (SSS) and the Sustainability Committee (SC) in 2011 to lead the implementation of that Plan. In 2015, SSS and the SC reviewed the Sustainability Plan to develop a Sustainability Action Plan. In 2016, the development of a local climate change action plan was identified within SSS’s inaugural Municipal Sustainability Report Card as a priority action item for implementation by local municipalities. In 2017, SSS and the SC initiated the development of the local climate change action plan for their (7) member municipalities and communities, and released the Local Climate Change Action Plan: Regional Greenhouse Gas Summary document in mid-2018 Community Beyond working with our (7) member municipalities, being the Towns of Midland and Penetanguishene, and the Townships of Georgian Bay, Oro-Medonte, Severn, Tay and Tiny, SSS also collaborates with the general public with the express approval of the majority of the SC, including those which work, live and/or play in the South- eastern Georgian Bay area and located within SSS’s area of service. This area has a population of 84,658 (Statistics Canada, 2016) permanent residents, with this number expanding to over 150,000 with the inclusion of seasonal residents. Role of SSS and the SC The SC serves as an advisory committee to SSS by supporting the SSS objectives to: 1.Educate municipalities and their communities on sustainable practices and policies and connect them to resources, tools and funding. 2.Advance the adoption of practices/policies within municipal operations to support climate change action, greenhouse gas mitigation and sustainable communities. 3.Advocate for sustainable environmental, social and economic practices and policies at the direction of the partner municipalities. Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8 Midland, ON L4R 4K6 | P: 705.526.1371 x.112 E: info@sustainablesevernsound.ca | W: www.sustainablesevernsound.ca Page 19 Page 227 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Sustainable Severn Sound (SSS) and the Sustainability Committee (SC) Terms of Reference Responsibilities of SSS and the SC Responsibilities of SSS and the SC include: 1.Promote, communicate and educate municipalities and the community about SSS’s role and the progress of the Local Climate Change Action Plan (LCCAP), further defining SSS and the SC as the area’s climate change and sustainability ‘head-quarters,’ 2.Manage membership requirements for SSS partner municipalities which have joined the Federation of Canadian Municipalities Partners for Climate Protection (PCP) program 3.Collaborate with municipalities and the community to create and implement projects that deliver on the LCCAP recommendations, 4.Provide research and information as requested by member municipalities (i.e., best practices, funding /grant information, GHG data analysis), and; 5.Seek funding opportunities, prepare applications and administer grants to fund municipal and community-based climate action projects. SSS staff are accountable to the SC, and supervised by the SC Chair and the General Manager of NSCFDC. Core responsibilities are outlined in the annual contract per employee. Refer to Appendix I for a list of the municipal representatives and community organizations that participate as project partners and members of the SC. Refer to Appendix II for a list of Council and staff representatives per each municipality that are members of the PCP program. Budget The SSS budget will be a component of North Simcoe Community Futures Development Corporation’s annual operating budget, maintained and communicated monthly to the SC by SSS staff. Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8 Midland, ON L4R 4K6 | P: 705.526.1371 x.112 E: info@sustainablesevernsound.ca | W: www.sustainablesevernsound.ca Page 20 Page 228 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Sustainable Severn Sound (SSS) and the Sustainability Committee (SC) Terms of Reference Accountability and Reporting All approved SC meeting minutes shall be posted on the SSS website and provided to each SC member. SSS staff shall ensure the approved minutes and reports are sent to each member municipality Council, as directed by the SC. SSS staff shall present to Mayors and Councils at a minimum of once per year. Additional reporting may be required as deemed necessary per SSS and the SC. Meetings Frequency SC meetings shall be held monthly on the first or second Thursday of each month. Additional meetings may be scheduled as necessary at the call of the Chair. Agenda SSS staff shall set the agenda through input from the SC. This will be sent to members a minimum of (3) business days prior to the meeting. Quorum and Decision-Making A quorum will consist of 50% of members (6 of 11) to put forth or act on any recommendation. Tasks will be assigned by consensus. Formal motions will be utilized as deemed necessary by the Chair. If at any time more than one representative per municipality or organization is in attendance at a scheduled SC meeting, and a vote is called by the Chair, only one vote per each municipality or organization shall be recorded. When less than 6 members are present at a meeting, items listed on the agenda may still be reviewed and discussed; however, any SC action as to those items will be postponed until a quorum is present Conduct of Meeting As above, all eligible committee members shall hold one vote; resolutions or decisions must be moved, seconded, and voted on by the SC in accordance with Robert’s Rules. SC members should treat each other with respect, listen to each other, work cooperatively and allow all members to voice their opinions. Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8 Midland, ON L4R 4K6 | P: 705.526.1371 x.112 E: info@sustainablesevernsound.ca | W: www.sustainablesevernsound.ca Page 21 Page 229 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Sustainable Severn Sound (SSS) and the Sustainability Committee (SC) Terms of Reference Minutes SSS staff shall minute the proceedings, actions and resolutions of all SC meetings and any required Working Group meetings, including the names of those in attendance. Minutes are to be posted on the SSS website and distributed to the SC members and each respective municipality when approved. Working Groups and Ad Hoc Sub-Committees SSS and the SC may establish Working Groups to advance their work. They shall subsequently report on the activities of their respective group to the SC as a whole. Other members or agencies may be invited at the discretion of the Chair to attend or participate in the SC meetings. Details and contributions pertaining to new formal membership is determined on an individual basis, and approved by the SC as a whole. Public Requests or Inquiries The SC meetings are open to members of the public for listening purposes only. Requests to present or speak to the SC are to be submitted in writing to SSS at info@sustainablesevernsound.ca. These written requests are to include the individual or group name, contact information and the topic and reason for request. Requests will be brought forth to the SC for consideration. If the request is approved by the SC, SSS and the SC are bound to no action in response to the approval of any request to present or speak. Approval Date: ____________________________ Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8 Midland, ON L4R 4K6 | P: 705.526.1371 x.112 E: info@sustainablesevernsound.ca | W: www.sustainablesevernsound.ca Page 22 Page 230 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Sustainable Severn Sound (SSS) and the Sustainability Committee (SC) Terms of Reference Appendix I: Sustainability Committee (SC) MembershipList, 2018 Amended December, 2018 SSS Financial Contributors and Municipal Project Partners Town of Midland: Councillor Carole McGinn-Nichols, Councillor Jonathan Main Town of Penetanguishene: Deputy Mayor Anita Dubeau; Andrea Betty, Director of Planning and Community Development Township of Georgian Bay: Nicholas Popovich, Director of Development Services Township of Oro-Medonte: To be appointed Township of Severn: Councillor Ron Stevens Township of Tay: Councillor Jeff Bumstead Township of Tiny: Doug Luker, Chief Administrative Officer, Chair of the SC SSS In-Kind Project Partners Simcoe Muskoka BrendaArmstrong, Program Manager, Healthy EnvironmentsProgram, District Health Unit Environmental Health Department; Morgan Levison, Climate Change Lead, Healthy Environments Program, Environmental Health Department (alternate) North Simcoe Chris McLaughlin, General Manager Community Futures Development Corporation Severn Sound Julie Cayley, Executive Director;Michelle Hudolin, Wetlands and HabitatBiologist Environmental(alternate) Association County of Simcoe Deputy Mayor Steffen Walma; Tyler Hunt, Sustainable Operations Supervisor; Alicia Hall, Sustainable Operations Analyst (alternate) Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8 Midland, ON L4R 4K6 | P: 705.526.1371 x.112 E: info@sustainablesevernsound.ca | W: www.sustainablesevernsound.ca Page 23 Page 231 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Sustainable Severn Sound (SSS) and the Sustainability Committee (SC) Terms of Reference Appendix II: Partners for Climate Protection(PCP)*Members Council and Staff Representatives per Member Municipality Town of Midland: Councillor Carole McGinn-Nichols; Andy Campbell, Director Engineering, Water and Wastewater Town of Penetanguishene: Deputy Mayor Anita Dubeau; Andrea Betty, Director of Planning and Community Development Township of Georgian Bay: Councillor Paul Wiancko; Nicholas Popovich, Director of Development Services Township of Oro-Medonte: Non-PCP members as of 31-Dec-2018 Township of Severn: Councillor Ron Stevens; Andrew Plunkett, Director of Corporate Services/Treasurer Township of Tay: Councillor Jeff Bumstead; Robert Lamb, Chief Administrative Officer Township of Tiny: Deputy Mayor Steffen Walma; Doug Luker, Chief Administrative Officer County of Simcoe: Council representative to be appointed in 2019; Tyler Hunt, Sustainable Operations Supervisor *The Partners for Climate Protection (PCP) program is a network of Canadian municipal governments that have committed to reducing greenhouse gases (GHG) and to acting on climate change. Since the program's inception in 1994, over 350 municipalities have joined PCP, making a public commitment to reduce GHG emissions. PCP membership covers all provinces and territories and accounts for more than 65 per cent of the Canadian population. The PCP program is managed and delivered by FCM and ICLEI Canada. FCM and ICLEI Canada form the PCP Secretariat, which provides administrative and technical support, develops tools and resources, and delivers capacity building activities to support members in reducing local GHG emissions. The program empowers municipalities to take action against climate change through a five-milestone process that guides members in creating GHG inventories, setting GHG reduction targets, developing local action plans, implementing actions to reduce emissions, and monitoring and reporting on results. SSS acts as the Associate Member on behalf of the PCP member municipalities, and is responsible for assisting the member municipalities with membership requirements and program advancement. Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8 Midland, ON L4R 4K6 | P: 705.526.1371 x.112 E: info@sustainablesevernsound.ca | W: www.sustainablesevernsound.ca Page 24 Page 232 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Memorandum To: Sustainability Committee membership From: V. Ervick, Climate Change Coordinator Date: 10-Jan-2019 RE: Attendance at the Clean Air Partnership’s Corporate Energy Manager Workshop on 13-Dec-2018 Background SSS attended the Clean Air Partnership’s Corporate Energy Managers Workshop held at Vaughan City Hall on 13-Dec-2018, to discuss the upcoming 2019 Conservation Demand Management update. This workshop brought together municipal staff from across the GTA and the County of Simcoe, to review the 2019 CDM update requirements and how staff would like to work together on plan development. Some topics of discussion were as follows: 1.2019-2024 target setting and the consideration of aligningmunicipal 2019 CDM plans with IPCC and/or Federal/Provincial targets, or what factors are being considered in developing a specific target for your municipality. 2.Importance of 2019 plan alignment with other corporate plans such as community climate change plans, energy plans, and/or corporate assets management plans. 3.Monitoring and reporting structure of 2019 plans. Attending this workshop providedinsight on how SSS can further support our municipal partners throughout the 2019 CDM update process. Being connected to a larger network, and listening to municipal staff discuss best practices andchallenges, will allow SSS to better inform and provide recommendations to our municipalities in terms of target setting, integrating climate change considerations, and aligning CDM plans with other corporate plans. A sample Table of Contents was provided at the workshop (see below) as an example of what sections could be included in a 2019 CDM plan. SSS will provide additional information re: 2019 plan developmentto municipal staff, as it becomes available from the Clean Air Partnership. Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8, Midland, ON | L4R 4K6 | 705.526.1371 x.111 Page 25 Page 233 of 255 14.c) Minutes of Sustainable Severn Sound, Sustainability Committee meet... Table of Contents 1.Goa l | Value | Purpose of plan 2.Framework policy -This guides the development of the plan. 3.Standard -What standard is being used? 4.Ho w the CDM plan aligns/integrates with other corporate plans -Example:Community Climate Change Action Plan, AssetsManagement Plan, Corporate Energy Plan, Official Plan, Active TransportationPlan, etc. 5.Energy team -Who is involved in the development of the plan, monitoring, reporting, etc.? 6.Capital / operation discussion 7.Risk 8.Projections -Usage and/or price projections for electricity, natural gas, carbon price, etc. 9.Targets -Discussion of the different types of targets, including IPCC, Federal, Provincial and municipal 10.Monitor and reporting -Howdoesyour municipality plan to monitor and report? Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8, Midland, ON | L4R 4K6 | 705.526.1371 x.111 Page 26 Page 234 of 255 14.d) Correspondence dated February 20, 2019 from Anita Dubeau, Chair, B... February 20, 2019 The Honourable Doug Ford Premier of Ontario Legislative Building Queens’s Park Toronto, ON M7A 1A1 Dear Premier Ford: Re: Public and Environmental Health Implications of Bill 66, Restoring Ontario’s Competitiveness Act, 2018 On behalf of the Simcoe Muskoka District Health Unit (SMDHU) Board of Health, I am writing to express concern about the Government of Ontario’s decision to enact Bill 66, Restoring Ontario’s Competitiveness Act, 2018. We appreciate the intention to enhance employment opportunities throughout Ontario, and recognize good quality employment as a key element which influences health. Individuals who are unemployed, have precarious employment, or experience poor working conditions are at higher risk of stress, injury, high blood pressure and heart disease. However, the proposed bill will amend a number of acts and regulations intended to protect and promote public and environmental health. In consideration of the proposed amendments, Bill 66 was assessed by SMDHU staff for implications to public and environmental health. We are apprehensive of unintended negative consequences which may arise from the implementation of this bill. The attached appendices outline concerns related to Schedule 3 (Appendix 1)and Schedule 5 (Appendix 2). Schedule 10 (Appendix 3) is also included, though the Board of Health is aware of media reports and social media remarks made by Honourable Minister Clark indicating “w hen the legislature returns in February, (the Government) will not proceed with Schedule 10 of the Bill.” This is welcomed, however, from our assessment of Bill 66 as it is presently written, its implementation to amend and repeal current legislation will potentially result in: Negative impacts to Ontario’s natural and built environment; Degradation of important water sources; Decreased preservation of greenspaces including agricultural lands,forests, parks and natural heritage features; Decreased opportunities for physical activity; Impacts to child safety;and Increased risk of the spread of infectious diseases. Page 235 of 255 14.d) Correspondence dated February 20, 2019 from Anita Dubeau, Chair, B... We request the government consider the impacts on the public health and safety of residents of Ontario prior to Bill 66 proceeding through the legislative process. We thank you for the opportunity to provide comment and your consideration of our feedback. Sincerely, ORIGINAL Signed By: Anita Dubeau Chair, Board of Health AD:BA:cm cc. Honorable Christine Elliot, Minister of Health and Long-Term Care Honorable Steve Clark, Minister of Municipal Affairs Honorable Lisa Thompson, Minister of Education Honorable Rod Phillips, Minister of the Environment, Conservation and Parks Dr. David Williams, Chief Medical Officer of Health Members of Provincial Parliament for Simcoe and Muskoka Ontario Boards of Health Ms. Loretta Ryan, Association of Local Public Health Agencies Association of Municipalities of Ontario Ontario Public Health Association Members of Provincial Parliament Municipal Councils Central Local Health Integration Network North Simcoe Muskoka Local Health Integration Network Page 236 of 255 14.d) Correspondence dated February 20, 2019 from Anita Dubeau, Chair, B... Appendix 1: Concerns and considerations related to Schedule 3–Ministry of Education SMDHU recognizes the efforts to enhance child care availability to families by increasing the total number of children under the age of two that can be cared for by home child care providers. Though evidence on optimal infant to caregiver ratios is inconclusive, the current limits in Child Care and Early 1 Year’s Act, 2014, were chosen to ensure child safety .We urge the government to evaluate the effects of this legislation on child safety and developmental outcomes if implemented. The proposed changes will not adequately address issues of access, affordability, and quality child care for families. Similar to our high quality education system, a child care strategy that prioritizes accessibility, affordability and quality is best addressed through a government system that ensures universal access to high quality care. In addition, there may be implications to infection prevention and control due to the proposed amendment to paragraph 4 subsection 6 (4) of the Child Care and Early Years Act, 2014, which recommends the reduction of the age restriction from six years of age to four for registration in authorized recreation and skill building programs. Authorized recreational and skill building programs are not proactively inspected for food safety nor infection prevention and control by local public health units. With immunization follow-up doses for several diseases (e.g. measles, pertussis, and chickenpox) not occurring until a child is between 4 – 6 years, coupled with the potential for decreased hygienic 2 practices and larger numbers of children congregating in one location, there is the potential for the spread of vaccine-preventable diseases. Facilities that are not required to be inspected may not have the administrative (e.g. policies on when to exclude ill children) or physical (e.g. appropriate disinfectants) infrastructure to prevent infections. By lowering the age from six years to four, a potential increased infectious disease risk will occur for children 4-6 years attending these programs. 1 Ontario Ombudsman. 2014. Ombudsman Report: “Careless about Childcare” Investigation into how the Ministry of Education responds to complaints and concerns relating to unlicensed daycare providers .Available at: www.ombudsman.on.ca/Files/sitemedia/Documents/Investigations/SORT%20Investigations/Careless AboutChildCareEN-2.pdf 2rd Canadian Paediatric Society. 2015. Well Beings: A Guide to Health in Child Care –3edition. Page 237 of 255 14.d) Correspondence dated February 20, 2019 from Anita Dubeau, Chair, B... Appendix 2: Concerns and considerations related to Schedule 5-Ministry of Environment, Conservation and Parks The purpose of the Toxics Reductions Act (TRA) is to prevent pollution and protect human health and the environment, through reducing the use and creation of toxic substances within Ontario. While SMDHU supports efforts to avoid duplication of existing provincial and federal regulations, it is important to recognize the need to reduce the availability of toxic substances within Ontario. Existing federal requirements through the National Pollutant Release Inventory and the Chemical Management Plan have limitations to supporting further reduction of toxic substances that the province of Ontario hoped to address. The TRA can provide important economic benefits which lead to potential cost savings, creating new markets, and supporting employee health and safety. Similar legislation has shown to be effective in other jurisdictions in the United States that have required toxic reduction plans. Thus, SMDHU encourages the province to not eliminate the TRA, but to evaluate more effective opportunities for toxics reduction in Ontario that can support creating healthy environments while reducing barriers for business Page 238 of 255 14.d) Correspondence dated February 20, 2019 from Anita Dubeau, Chair, B... Appendix 3: Concerns and considerations related to Schedule 10-Ministry of Municipal Affairs and Housing The Planning Act and associated provincial regulations support effective planning, by ensuring development meets community needs, allows for sustainable economic growth, while protecting green spaces such as agricultural lands, forests, parks and natural heritage features which provide multiple health, economic and environmental benefits. The health benefits of well-designed communities based on provincial policies include better air quality, protected drinking water supplies, availability of locally grown foods, reduced urban heat islands, increased climate resiliency, mitigation of vector-borne diseases, increased opportunities for physical activity, general wellbeing and lower health care costs. Conservation of natural heritage features such as the Greenbelt addresses climate change mitigation (carbon sequestration) and adaptation (mitigating flood risks). For example, the Greenbelt actively stores carbon, with an estimated value of $4.5 billion over 20 years; annual carbon 1 sequestration is valued at 10.7 million per year. Benefits of greenspaces are communicated within the ‘Preserving and Protecting our Environment for Future Generations: a Made in Ontario Environment 2 Plan’ which identifies the government’s commitment to protect the Greenbelt for future generations. SMDHU is concerned that the proposed amendment to the Planning Act will allow the use of Open for Business planning by-laws to permit the use of these important lands for alternative purposes without adhering to existing local planning requirements, such as official plans. Employment land needs are explicitly identified within local planning documents, and thus the use of the by-law will compromise long-term planning decisions. While the by-law may provide short-term economic benefit through the expansion of employment lands, this will be at the expense of long-term, sustainable economic development and protection of green space currently prescribed by the Planning Act. In addition, Bill 66 allows municipalities to bypass important environmental legislation and discount protections for clean water and environmentally sensitive areas across Ontario. After the events of 3 2000 in Walkerton, where seven people died and thousands were ill,Ontario put legislation in place to protect the over 80% of Ontarians who get their drinking water from municipal sources. The Clean Water Act, which directly addresses 22 of the 121 recommendations made following the Walkerton Inquiry, supports the adoption of a watershed based planning process, and serves as the instrument for the creation of source water protection plans. Current legislation protects drinking water sources and greenspace. The changes proposed in Bill 66 will weaken a number of noteworthy acts including the Clean Water Act, the Great Lakes Protection Act, the Lake Simcoe Protection Act, the Greenbelt Act, the Oak Ridges Moraine Conservation Act, and the Places to Grow Act. Currently these acts prevail in the case of conflict between a municipal plan and the noted act; under the proposed changes this would no longer be the case. 1 Tomalty, R. 2012. Carbon in the Bank: Ontario’s Greenbelt and its role in mitigating climate change. \[Vancouver\]: David Suzuki Foundation 2 Ministry of the Environment, Conservation and Parks. 2018. Preserving and protecting our environment for future generations: A Made-in-Ontario environment plan. \[Toronto\]: Ontario Ministry of the Environment, Conservation and Parks. 3 Walkerton Inquiry (Ont.) and Dennis R. O’Connor. 2002. Report of the Walkerton Inquiry: A strategy for safe drinking water. \[Toronto\]: Ontario Ministry of the Attorney General. Page 239 of 255 14.d) Correspondence dated February 20, 2019 from Anita Dubeau, Chair, B... Notably, Section 39 of the Clean Water Act currently requires all Planning Act decisions to conform to policies in approved source protection plans that address significant drinking water threats prescribed i by the Clean Water Act. This important provision must remain applicable to all municipal planning and zoning decisions in order to protect public health and safety. Bill 66 not only impacts drinking water, but also moves back progress made on protecting Lake Simcoe. The Lake Simcoe Protection Act was created to safeguard the watershed and protect our Great Lakes and Lake Simcoe from environmental damage. Lake Simcoe attracts 9 million visitors on an annual basis and accounts for approximately $1 billion dollars in annual spending. Due to the economic, environmental and health impacts that the Open for Business planning bylaw will present, we urge the government to remove the amendment to the Planning Act, from Bill 66. At minimum, public health authorities should be granted the ability under the Planning Act to review and comment on open for business bylaw applications, due to potential risk and hazards to health and for the protection and promotion of public health and safety. i Threats identified in the act include landfills, sewage systems, and the storage or handling of fuel, fertilizers, manure, pesticides, road salt, organic solvents and other substances on lands near wells or surface water intake pipes used by municipal drinking water systems Page 240 of 255 14.e) Correspondence received February 22, 2019 from Brenda and Dave Dor... Page 241 of 255 14.e) Correspondence received February 22, 2019 from Brenda and Dave Dor... Page 242 of 255 15.a) Correspondence from County of Simcoe re: Joint Accessibility Advis... Committee of the Whole To: Agenda Section: Performance Management Division: CAO, Clerk's and Communications Department: Item Number: CCW - 2018-521 Meeting Date: October 9, 2018 Subject: Township of Oro-Medonte and Adjala-s Proposal to Join the Joint Accessibility Advisory Committee Amendment to the Terms of Reference Recommendation That Item CCW 2018-521, dated October 9, 2018, regarding the Township of Oro-Medonte and Township of Adjala-Tosorontioto join the County of Simcoe, Township of Springwater and Township of Tay and That the recommended actions as outlined in Item CCW 2018-521, be approved; and substantively in the form attached as Schedule 1 to CCW 2018-52, be approved. Executive Summary The County of Simcoe was approached by the Township of Oro-Medonte to consider the possibility of joining the already established Joint Accessibility Advisory Committee beginning in the to determine if any others may be interested in joining the Committee at this time. As a result, the Township of Adjala-Tosorontio also expressed interest in joining. This Item outlines the proposed process for the Township of Oro-Medonte and Township of Adjala- Tosorontio joining the existing County of Simcoe, Township of Springwater Joint Accessibility Advisory Committee, along with a revised Terms of Reference. Should the request be approved, the draft Terms of Reference will be forwarded to the Township of Tay, Springwater, Oro-Medonte and Adjala-Tosorontio for consideration and comment. Should the municipalities approve the draft Terms of Reference without substantive changes, staff would then proceed with including the Township of Oro-Medonte and Township of Adjala-Tosorontio in the recruitment process for the Joint Accessibility Advisory Committee. Page 243 of 255 15.a) Correspondence from County of Simcoe re: Joint Accessibility Advis... October 9, 2018 Committee of the Whole - CCW 2018-521 Page 2 Background/Analysis/Options Section 29 (1) of the Accessibility for Ontarians with Disabilities Act, 2005 provides that every council of a municipality with a population of not less than 10,000 shall establish an accessibility advisory committee. The Township of Oro-Medonte approached the County of Simcoe to propose joining the already established Joint Accessibility Advisory Committee beginning in the new term of Council. The may be interested in joining the Committee at this time. As a result, the Township of Adjala- Tosorontio also expressed interest in joining. The revised draft Terms of Reference is attached as Schedule 1 and is based on the existing Terms of Reference for the Joint Accessibility Advisory Committee with a few changes to help assist with the increased number of committee members. County staff are recommending that the Townships of Tay, Springwater, Oro-Medonte and Adjala- Tosorontio appoint a member of their Council to the Committee for the term to coincide with the term of Council. It is also recommended that the participating municipalities advertise the recruitment opportunity, gather applications and their Councils review the applications received within their municipality and appoint one citizen appointee. Recommended action: Approve, in principle, the concept of the Township of Oro-Medonte and Adjala-Tosorontio joining the existing County of Simcoe, Township of Springwater and Township of Tay Joint Accessibility Advisory Committee; Approve the draft Terms of Reference, substantively in the form attached as Schedule 1 to be forwarded to the Township of Springwater, Township of Tay, Township of Oro-Medonte and Township of Adjala-Tosorontio for comment and/or approval; Provided that the Township of Springwater, Township of Tay, Township of Oro-Medonte and Township of Adjala-Tosorontio all approve the draft Terms of Reference substantively in its current form, the Terms of Reference be deemed approved by County Council. o Staff would then be authorized to proceed with the recruitment process for the Committee with the Township of Springwater, Township of Tay, Township of Oro- Medonte and Township of Adjala-Tosorontio as joint members of the Accessibility Advisory Committee. Should the Township of Springwater, Township of Tay, Township of Oro-Medonte or Township of Adjala-Tosorontio request substantive changes to the Terms of Reference, County staff would report back to County Council to seek further direction. The above option would allow the Township of Oro-Medonte and Township of Adjala-Tosorontio to join the Joint Accessibility Advisory Committee without having to report back to County Council to seek final approval and would expedite the process. Should County Council choose this option, this Item would be received for information and County staff would notify the Township of Oro-Medonte and Township of Adjala-Tosorontio of the decision. Page 244 of 255 15.a) Correspondence from County of Simcoe re: Joint Accessibility Advis... October 9, 2018 Committee of the Whole - CCW 2018-521 Page 3 Financial and Resource Implications The compensation and reimbursement of expenses of the County of Simcoe elected officials as well as all non-elected representatives to the Committee would be compensated in accordance with the existing County of Simcoe policy, as it does today. The Townships elected officials, would be compensated in accordance with their compensation by-laws or policies, similar to the Township of Springwater and Township of Tay. Under the draft Terms of Reference, the Township of Oro-Medonte and Township of Adjala- Tosorontio would be required to reimburse the County of Simcoe for costs associated with the calling of a special meeting of the joint committee as may be requested by the Township or for conducting a review of one of their facilities, similar to the arrangement with the Township of Springwater and Township of Tay. Compensation and reimbursement of expenses associated with all County Committees are contained in the annual Warden and Council budget. As the committee has grown in size, costs associated with the joint committee will be closely monitored in 2019, should consideration be given by the lower tier municipalities to cover a share of the costs in 2020. The County of Simcoe currently prepares a combined newspaper advertisement inviting citizen applications for appointment to the Joint Accessibility Advisory Committee, as well as for Committee of the Whole Performance Management (Archives, Library and Museum purposes), once per term. Relationship to Corporate Strategic Plan -operation: Positive Approaches to Partnerships, Teamwork and Understanding. Reference Documents There are no reference documents associated with this Item. Attachments Schedule 1 Draft Terms of Reference Prepared By Jennifer Marshall, Legislative Coordinator Approvals Date John Daly, Director of Legislative Services and County Clerk September 27, 2018 Trevor Wilcox, General Manager, Corporate Performance October 1, 2018 Mark Aitken, Chief Administrative Officer October 1, 2018 Page 245 of 255 15.a) Correspondence from County of Simcoe re: Joint Accessibility Advis... Page 246 of 255 15.a) Correspondence from County of Simcoe re: Joint Accessibility Advis... Page 247 of 255 15.a) Correspondence from County of Simcoe re: Joint Accessibility Advis... Page 248 of 255 15.a) Correspondence from County of Simcoe re: Joint Accessibility Advis... Page 249 of 255 15.a) Correspondence from County of Simcoe re: Joint Accessibility Advis... Page 250 of 255 17.a) By-Law No. 2019-020: A By-Law to Repeal By-Law No. 2012-209, “A By... Municipal Act, 2001, S.O. 2001, c. 25 Page 251 of 255 17.b) By-Law No. 2019-021: A By-Law to Establish a Heritage Committee an... Ontario Heritage Act, Page 252 of 255 17.b) By-Law No. 2019-021: A By-Law to Establish a Heritage Committee an... Ontario Heritage Act. Page 253 of 255 17.b) By-Law No. 2019-021: A By-Law to Establish a Heritage Committee an... Page 254 of 255 19.a) By-Law No. 2019-019: Being a by-law to confirm the proceedings of ... Municipal Act, 2001, S.O. 2001, C. 25, as amended Page 255 of 255