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06 19 2019 Council Agenda The Township of Oro-Medonte Council Meeting Agenda Council Chambers Wednesday, June 19, 2019 6:00 p.m. - Closed Session Open Session - Immediately Following Closed Session 6:30 p.m. - Public Meeting \[Refer to Item 7a)\] 7:00 p.m. - Recognitions Page 1. Call to Order - Moment of Reflection: 2. Adoption of Agenda: 7 - 59a) 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: Position, plan, procedure, criteria or instruction to be applied to any negotiations related to the municipality (Short Term Rentals (Airbnb)). d) Robin Dunn, CAO; Karen Way, Clerk re: Education or training of members (Conduct Policies). 5. Minutes of Council and Committees: 60 - 79 a) Minutes of Council meeting held on Wednesday, June 12, 2019. 80 - 133 b) Minutes of Heritage Committee meeting held on Monday, June 17, 2019 \[to be distributed\]. 6. Recognition of Achievements - 7:00 p.m.: a) Charlie Beatty, re: Two (2) Gold Medals Canadian Jr National b) Maeve Celli; Noah Haaland; Madison McDermott; Mikayla McDermott; Holly Ryan; Caden Fowler; Nari Hwang re: Shanty Bay Change Agents. c) Gunner Holmgren, re: Cyclist (Hardwood Hills) U23 National Cyclo Cross Page 1 of 261 Council Meeting Agenda -June 19, 2019 Champion. d) Joanna McEwen re: 2019 Ontario Senior of the Year Award Recipient. e) Teena Sauve re: 2019 Oro-Medonte Citizen of the Year Award Recipient. f) Jennifer Jermey re: Relay 4 Life. 7. Public Meetings: 134 - 152 a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for a Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2019-ZBA-09 (Ian & Beth Johnstone) \[Refer to Items 12d) and 17d)\]. 8. Deputations: None. 9. Presentations: None. 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; Page 2 of 261 Council Meeting Agenda -June 19, 2019 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 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: 153 - 160 a) Shawn Binns, Director, Operations and Community Services re: Memorandum of Understanding between The Corporation of the Township of Oro-Medonte and 2440656 Ontario Inc., 1350341 Ontario Inc., 2437339 Creek) \[to be distributed\]. 161 - 163 b) ES2019-3, Jennifer Barrick, Environmental Services Technologist re: Expansion of Delegated Authority for Owner Representative of Township of Oro-Medonte Drinking Water Systems & Sewage Works. 164 - 169 c) OCS2019-19, Justin Metras, Manager, Infrastructure and Capital Projects and Karla Musso-Garcia, Manager, Operations re: Award of Tender OCS 2019-09, Supply and Delivery of one (1) 2.7 m3, four wheel drive loader. 170 - 181 d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Application 2019-ZBA-09, Ian & Beth Johnstone, 315 Line 9 South \[Refer to Item 17d)\]. 182 - 186 e) DS2019-76, Dave Saunders, Manager, Development Engineering re: Pre- Servicing Agreement with Braestone Development Corporation for Draft Plan of Subdivision (Braestone Phase 2A Group A and B) Application #43T-91031 \[Refer to Item 17c)\]. 187 - 191 f) DS2019-77, Derek Witlib, Manager, Planning Services re: Interim Control By-Law No. 2018-109 (Cannabis Production Facilities) \[Refer to Item 17e)\]. 13. Reports of Members of Council: Page 3 of 261 Council Meeting Agenda -June 19, 2019 a) Updates from Council Representatives County of Simcoe and Township Partners and Agencies. at the County of Agencies. 14. Consent Agenda: 192 a) Announcements of Interest to the Public: 1. Oro-Medonte Horticultural Society, Summer Garden Tour, July 14, 2019, Horseshoe Valley & Bidwell Road Area. 193 - 195 b) Notice of the Passing of an Education Development Charge Amending By- Law by the Simcoe Muskoka Catholic District School Board. Staff Recommendation: Receive for Information Only. 196 - 197 c) Correspondence dated June 5, 2019 from The Corporation of the City of North Bay re: Highway 11. Staff Recommendation: Receive for Information Only. 198 - 238 d) Correspondence received re: Short Term Rentals (Airbnb's). 1. Domenic Natale, President, West Oro Ratepayer's Association dated June 7, 2019 2. Resident received May 25, 2019 3. Jayne McCaw dated June 9, 2019. 4. Jacqueline Jeffery dated June 11, 2019 5. Barry Sookman received June 12, 2019 6. Elizabeth Mendes dated June 11, 2019 7. Daiv Mowbray dated June 11, 2019 8. Heather Bayer and Craig White dated June 12, 2019 9. Paul Sanderson dated June 11, 2019 10. Emily Rayson dated June 11, 2019 Staff Recommendation: Receive and Consider in Conjunction with Draft By- Law. 15. Communications/Petitions: None. 16. Notice of Motions: None. 17. By-Laws: 239 - 246 a) 2019-046: Being a By-Law to regulate the setting of open air fires including the establishing the times during which open fires may occur (Open Air Burning By-Law). Page 4 of 261 Council Meeting Agenda -June 19, 2019 247 b) 2019-055: A By-law to amend By-law No. 2018-071 under Section 38 of the Planning Act. 248 - 257 c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing Agreement with Braestone Development Corporation Draft Plan of Subdivision (Phase 2A Group A and B) for: Part of the East and West Halves of Lots 2 AND 3, Concession 9, Being all of PIN # 58532-0275(LT) Formerly in the Township of Oro, Township of Oro-Medonte, County of Simcoe. 258 - 259 d) 2019-062: A By-law to amend the zoning provisions which apply to lands at Oro-Medonte Con 10 W Pt Lot 22 (Oro) RP 51R36732 Part 1, Township of Oro-Medonte 2019-ZBA-09 (Johnstone). 260 e) 2019-064: A By-law to amend By-law No. 2018-109 under Section 38 of the Planning Act. 18. Closed Session Items (Unfinished Items): 19. Confirmation By-Law: 261 a) 2019-063: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, June 19, 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. Page 5 of 261 Council Meeting Agenda -June 19, 2019 21. Adjournment: a) Motion to Adjourn. Page 6 of 261 2.a) Motion to Adopt the Agenda. 20190618 CouncilMembers, TownshipofOroMedonte 148Line7South OroMedonteONL0L2E0 DearCouncil: wĻʹhƩŭğƓźĬźƭLƓĭ͵ğƓķL/.\[ЋЉЊБЊЉВ ЋЎЉwźķŭĻwķĻƭƷͲhƩƚaĻķƚƓƷĻ ThislettershallserveasbackgroundinformationtohelpassistCouncilMembersmakeaninformed decisionwithrespecttothepassingofproposedbylawamendment2019064.AsCouncilMembersare aware,InterimControlByLaw(ICBL)2018109waspassedonDecember12,2018prohibitingCannabis activityforaperiodofoneyearinA/RUzonedland. ICBL2018109waspassedbyoutgoingCouncilandmanyofyouperhapswerenotinvolvedinthat process.However,wehavereviewedthevideorecordingoftheCouncilmeetingandhavediscovered certaininaccuracies.WewanttoensurethatthisCouncilhasafullpicturebeforeitdecidesonthe currentamendmentthatisbeingproposed. AtthetimeofpassingofthesubjectByLawonDecember12,2018,OrganibisInc.(theͻ/ƚƒƦğƓǤͼΜhad receivednumerouslettersofapprovalfromplanningstaffconfirmingourintendeduseofagreenhouse Cannabisfacilityonthepropertymunicipallyknownas250RidgeRoadWestinOroMedonte.Certain Councilmembers,includingtheMayor,inquiredifanyonewouldbeimpactedbythepassingofthe subjectByLaw.TheDirectorofPlanning,Ms.Leigh,respondedbutwasperhapsunawarethatour property,adjacenttoherownpersonalresidence,hadalreadyreceivedseverallettersinapprovalofour greenhouseCannabisfacility.Ms.LeighfailedtodisclosetoCouncilthatourapplicationwasinprocess withtheplanningdepartment.AtranscriptionoftheCouncilmeetingisenclosed(Appendix1)and confirmstheaforementionedexchangeonNovember14,2018. TherecordoftheCouncilmeetingsuggeststhatCouncilwasconcernedaboutinvestmentsthathad alreadybeenmadeintheareathatwouldbeimpactedbyICBL2018109.Accordingly,Councildidnot havethebenefitofbeingfullyapprisedofourapplicationthathadbeenpreviouslyapprovedby planningstaff.Consideringthisimportantomission,webelievethatCouncildidnotintendforthisBy Lawtoimpactapplicationsinprocess.Toourknowledge,wearetheonlyapplicantswhohavebeen impactedbythisICBL. Asubstantialamountoftimeandlegalexpenseshavebeenincurredbybothsidestodate,andweare hopefulthatfurtherexpensecanbeavoided. POBox87650ThornhillSquare,ThornhillONL3T7R3 +14169030441info@organibis.ca Page 7 of 261 2.a) Motion to Adopt the Agenda. /ŷƩƚƓƚƌƚŭǤƚŅ9ǝĻƓƷƭ 5ğƷĻbƚƷĻƭ Mar26,2018CompanyrepresentativesmetwithDerekWitlib,ManagerofPlanning,Townof OroMedonteandheconfirmedthatCannabisusewaspermittedinAgricultural zonedlandasaspecializedagriculturaluseasCannabisisviewedasaspecialtycrop Jun21,2018Companypurchasedpropertyconditionally July3,2018CompanymadefurtherinquirieswithTowntoconfirmintendeduseofCannabis greenhousefacilityispermitted,beforewaivingconditionsoftheAgreementof PurchaseandSale Jul6,2018CompanyreceivedemailcorrespondencefromDerekWitlibconfirmingintended useofaCannabisGreenhousefacilitywaspermittedatproperty AnotherCannabisfacilitylessthan1kmawaywasdeterminedbytownshipstaffto conformwiththeǩƚƓźƓŭ͸ƭbylawdefinitionofaspecializedagriculturaluse,which includespermissionsforgrowingofgreenhousecrops Jul18,2018ZoningcertificatesubmissionmadeΑdrawingssubmitted Jul20,2018ZoningcertificateapplicationreviewedandapplicationNo20180264wasissued Usewasapprovedformedicalmarijuanafacility SitePlanapprovalprocesswasrequiredbyplanningstaff {ĻƦЊЉͲЋЉЊБ Transactionofpurchaseofpropertycompletedonrelianceofapprovalsreceived fromTownshipPlanningstaff hĭƷЊЎͲЋЉЊБ DetailedLetterfromTownshipconfirmingCannabisuseispermittedatsubject property,underspecializedagriculturaluse.Appendix2 Nov14,2018Motionpassedby: ScottJermey(1418W5C)andPhilHall(1418W3C)re:InterimControlBylaw 2018109(Transcriptionofrelevantsectionsmade)Appendix1 Dec12,2018InterimControlBylaw2018109passedby: RandyGreenlaw(1822W5C)andScottJermey(1822DeputyMayor) Feb1,2019CompanyemailedDerekWitlibtoprovideupdatesfromregionandLSRCA CompanyrequestedmeetingtomoveSitePlanprocessforward Feb6,2019DerekWitlibprovidesnoticeofInterimControlbylawpassingthatwould temporarilyprohibitcannabisactivityintheA/RUzone POBox87650ThornhillSquare,ThornhillONL3T7R3 +14169030441info@organibis.ca Page 8 of 261 2.a) Motion to Adopt the Agenda. Atthistime,weunderstandthattherearecertainconcernsfromcommunitymembersregarding potentialtraffic,lightpollution,andodourandwewanttoconfirmourcommitmenttoresolvingall communityconcerns.Ourplansaretogrow100%certifiedsoilgrownorganicflower. Њ͵hķƚǒƩ Weappreciateandunderstandwhyindividuals maybeconcernedabouttheodourthatwillbe emanatingfromaCannabisfacility.Wecanconfirmthatsystemswillbeimplementedtoensure outgoingairisneutralizedtocomplywithHealthCanadaregulations.HealthCanadastrictlyregulates licensedproducersandrequiresthatfacilitiesbeequippedwithairfiltrationsystemstopreventthe escapeofodours. Someofthesolutionsthatwewillimplementtoaddressodourincludecharcoalfilters,ozone generatorsandionizers.Alloftheproposedsystemsarerequiredtobeapprovedbyplanningstaffand HealthCanadapriortoanycannabisproduction.IncludedisareportbyPublicHealthOntario(Appendix 3)thatdiscussessomeofthemythssurroundingcannabisodourandmethodstoovercomethem. Belowaresomeexamplesofairfiltrationsystems. POBox87650ThornhillSquare,ThornhillONL3T7R3 +14169030441info@organibis.ca Page 9 of 261 2.a) Motion to Adopt the Agenda. Weunderstandtherearevariouslivestockoperationssurroundingthesubjectproperty.Incomparison, theproposedcannabisfacilitywillhaveasophisticatedairfiltrationsystemthatwillneutralizeoutgoing odours. Ћ͵ƩğŅŅźĭ WeunderstandthatRidgeRoadisaruralregionalroad,andcongestioncouldbeaconcern.Forthis reason,weretainedatrafficengineertoconductastudyandassesstheimpactofthedevelopmenton thelocalroadnetwork.Themainfindingofthereportisthatthedevelopmentwillnotcauseany operational/communityissuesbecausethereissufficientcapacityinthesurroundingroadnetworkto accommodatetheadditionaltrafficgenerated.ThedetailedreportisattachedasAppendix4. Additionally,wehavenointentiontoeveropenaretailshopattheproposedsite. Ќ͵\[źŭŷƷtƚƌƌǒƷźƚƓ Acannabisplant,similartootherfoodcropsrequireslightforphotosynthesistooccur.Artificiallighting isusedingreenhousesduringtimesoftheyearwhendaylightlevelsarelow.Thiscanpotentiallyleadto lightpollution,asshowninthephotobelow. Whatyoumaynotknowisthatcannabisplantsrequirehoursofdarknessaswell;becauseofthis,our facilitywillhavealightdeprivationsystemthatpreventslightfromescapingatdusk.Thistechnology eliminateslightpollution.Someexamplesoflightdeprivationsystemsareshownbelow. POBox87650ThornhillSquare,ThornhillONL3T7R3 +14169030441info@organibis.ca Page 10 of 261 2.a) Motion to Adopt the Agenda. Ѝ͵{Ʒźŭƒğ WeappreciatetheremaybesomestigmaassociatedwithCannabisandhopetheimagesbelow illustratethechangingfaceofcannabis.Inreality,wewillbehiringscientists,growers,facilityandoffice staff. tĻƩĭĻƦƷźƚƓ wĻğƌźƷǤ Ў͵.ĻƓĻŅźƷƭƚŅ/ğƓƓğĬźƭ\[ĻŭğƌźǩğƷźƚƓ Allowslawenforcementresourcestobefocusedonviolentandpropertycrimes; Generatesnewprovinceandmunicipaltaxrevenueforeducation,healthcare,research,and substanceabuseprevention;and Takesmarijuanaoutofthehandsofillegaldrugorganizationsandbringsitunderatightly regulated,federallylicensedsystemsimilartothatforcontrollingalcohol,pesticideandother prescriptiondrugs. Џ͵hƦƦƚƩƷǒƓźƷźĻƭŅƚƩhƩƚaĻķƚƓƷĻ Investmentof$10MintheAgriBusinessinOroMedonte EconomicandEmploymentOpportunities,$3MoperatingBudget GenerationofMunicipalTaxRevenue,MPACwilleventuallycreateahigherrateclassification forthesefacilities. Upgradestolocalgasandelectricityinfrastructure POBox87650ThornhillSquare,ThornhillONL3T7R3 +14169030441info@organibis.ca Page 11 of 261 2.a) Motion to Adopt the Agenda. Aerialviewofproposedfacility Thankyouforyourtimeandwelookforwardtotheopportunitytocontributeinameaningfulwayto OroMedonte. YoursTruly, OrganibisInc. BobbyVakili RezaDadashi Directors POBox87650ThornhillSquare,ThornhillONL3T7R3 +14169030441info@organibis.ca Page 12 of 261 2.a) Motion to Adopt the Agenda. Bqqfoejy2 UsbotdsjqupgDpvodjmNffujoh Opwfncfs25-3129 Page 13 of 261 2.a) Motion to Adopt the Agenda. TOWNSHIP OF ORO MEDONTE 5 C O U N C I L M E E T I N G (EXCERPT) 10 BEFORE HIS WORSHIP, MAYOR H. HUGHES 15 on November 14, 2018, at ORO-MEDONTE, Ontario 20 APPEARANCES: 25 A. Leigh, Ms. S. Jermey, Mr. P. Hall, Mr. Unidentified Clerk 30 Page 14 of 261 2.a) Motion to Adopt the Agenda. 3. Council Meeting, Township of Oro-Medonte November 14, 2018 WEDNESDAY, NOVEMBER 14, 2018 2:56:28 MAYOR HUGHES: Councillor Jermey, you have a discussion regarding cannabis production? 5 MR. JERMEY: Thank you, Your Worship. Certainly as you and all the members of Council are aware, the Cannabis Act came into effect from the Federal th Government on October 17 of this year. And this has created a legal avenue for those who wish to 10 created a burgeoning demand for this - - announced this week that it will be two years before they believe that the supply will catch up 15 to the demand. And then in our township we currently have one operation in the process of being constructed, and many others are being considered at various stages 20 of their planning. And certainly there was a lot of feedback from the people of Oro Station in regards to the operation that is being constructed there. 25 municipalities have done things to try and make it more pleasant for the neighbours. And one of those things is consideration of a couple of options. One is the zoning option; whether or not these 30 operations should be located in industrial zone lands as opposed to being just in an agricultural rural zone. Another consideration that has been Page 15 of 261 2.a) Motion to Adopt the Agenda. 4. Council Meeting, Township of Oro-Medonte November 14, 2018 done in Chatham-Kent is to create setbacks, much like we were dealing with at our development services in relation to hog barns; there is an order component to these operations. And if there 5 is ventilation scrubbers they would be 150 metres from the nearest residence, and if they are not ventilation scrubbers they would be located 300 metres from the nearest residence. 10 So these are some things that could be brought forward to the new Council to consider in what direction we wish to go. A - th here today is to bring forward on December the 12 15 an interim control By-law that would put in place a And then the consideration could be given by the new councillors as to what direction they ought to go; whether we want to look at zoning restrictions 20 or whether set backs from other residences or what the decision would be of the new Council. But ht forward in the motion here today. MAYOR HUGHES: Thank you. Andria, were you going 25 to comment on that? MS. LEIGH:Certainly, Your Worship. As the Councillor has indicated, staff get a number of requests in terms of properties that are potentially to be used for this type of use. 30 Currently in the municipality, both the industrial zones and the agricultural rural zones would allow for the greenhouse operations. And as the Page 16 of 261 2.a) Motion to Adopt the Agenda. 5. Council Meeting, Township of Oro-Medonte November 14, 2018 Councillor indicated, there is one facility currently under construction in the municipality. Staff are in the process of reviewing some of the 5 other components of the legislation, and bringing forward other reports to Council related to retail sales and the zoning and licensing from that perspective. But specifically in terms of the land use, right now the way the zoning By-law and 10 the official plan are drafted, it really use that was contemplated. So the definitions of agricultural uses in terms of a greenhouse being an agricultural use allow that type of use. So the process that has - that Councillor Jermey has 15 outlined in terms of the interim controls, to re- look at the land use and zoning provisions would allow that assessment to be completed without additional facilities being constructed in the interim. 20 MAYOR HUGHES: Thank you. Any further comments or? Okay. So we have a motion then again. COUNCIL CLERK: Whereasthegricultural/Rural Zoning category 25 under the TZoning By-law 97-95 permits a broad range of agricultural and related uses; And WhereasBy-law was passed at a time when the growing of marijuana and 30 the activities related to marijuana growth and production were not a legal activity; Page 17 of 261 2.a) Motion to Adopt the Agenda. 6. Council Meeting, Township of Oro-Medonte November 14, 2018 And Whereas certain changes have been made to Federal and Provincial laws that now make legal the growing of marijuana and related activities; 5 And Whereas the issue of land use planning compatibility between the growing of marijuana (and related activities) and other forms of farming and agriculture (as well as other use permitted under the Agricultural/Rural Zone) was never considered 10 at the time that the current Agricultural/Rural Zoning was put in place; And Whereas it has been demonstrated that there are issues of land use compatibility and potential land 15 use planning conflicts between the new marijuana related uses and the other permitted uses; New Therefore Be it Resolved that Council direct Township Planning Staff to undertake a study of the 20 land use planning policies in the Agricultural/Rural Zone in order to determine whether those Zoning policies and provisions should be amended to address land use planning compatibility issues that were not studied at the 25 time that the Agricultural/Rural Zoning was put in place; And Further That, Council having directed Township staff to undertake this study, request Township 30 staff to bring forward a By-law under s.38(1) of thePlanning Act to be in effect for a period of one year, to prohibit the use of any lands in the Page 18 of 261 2.a) Motion to Adopt the Agenda. 7. Council Meeting, Township of Oro-Medonte November 14, 2018 Agricultural/Rural Zone for the purposes of the growing of marijuana and any related activities. MAYOR HUGHES: MAYOR HUGHES: Any further questions or comments? Any further questions or comments? Any further questions or comments? Are there any implications for any applications Are there any implications for any applications 5 that may already be in the hopper? that may already be in the hopper? MS. LEIGH:MS. LEIGH:Your Worship any application that has Your Worship any application that has already been submitted to the municipality, already been submitted to the municipality, be it a be it a site-plan or a building permit application, site-plan or a building permit application, are not are not subjectsubject- this would be for new applications being - this would be for new applications being 10 considered.considered.So similar to other interim control So similar to other interim control So similar to other interim control By-laws, it would not affect those current building By-laws, it would not affect those current building By-laws, it would not affect those current building permits, and as Councillor Jermey indicated the permits, and as Councillor Jermey indicated the facility that is under construction is not affected facility that is under construction is not affected by the interim control. by the interim control. by the interim control. 15 MAYOR HUGHES: Okay. Councillor Hall? MR. HALL: Thank you, (unintelligible) through the staff. I think is probably a little sticking point, b-law is enacted. Does it need to be clarified or would 20 that be part of the holding By-law? Thank you. MS. LEIGH: Through to Councillor Hall, the Planning Act legislation is clear that it allows a study to be up to the one year or until the new By- law is adopted. 25 MAYOR HUGHES: Further questions? Sorry? MR. HALL: Just one further comment; I think it MR. HALL: Just one further comment; I think it MR. HALL: Just one further comment; I think it would behove us to get this done sooner than later would behove us to get this done sooner than later so people would have clarity versus hanging on for so people would have clarity versus hanging on for so people would have clarity versus hanging on for year so we might not miss out on some opportunity. year so we might not miss out on some opportunity. year so we might not miss out on some opportunity. 30 Thank you.Thank you. Page 19 of 261 2.a) Motion to Adopt the Agenda. 8. Council Meeting, Township of Oro-Medonte November 14, 2018 5 10 THIS IS TO CERTIFY THAT the foregoing is a true and 15 accurate transcription from recordingsfrom https://www.youtube.com/watch?v=QMsxhp9Td1Y&feature=youtu.be, to thebest of my skill and ability. 20 OFFICIAL COURT REPORTER, A.C.T. Photostat copies of this transcript are not certified and have not been paid for unless they bear the original signature of D. 25 Wells 30 Page 20 of 261 2.a) Motion to Adopt the Agenda. Bqqfoejy3 MfuufsBqqspwjohVtfGspn NbobhfspgQmboojoh Page 21 of 261 2.a) Motion to Adopt the Agenda. Page 22 of 261 2.a) Motion to Adopt the Agenda. Page 23 of 261 2.a) Motion to Adopt the Agenda. Page 24 of 261 2.a) Motion to Adopt the Agenda. Page 25 of 261 2.a) Motion to Adopt the Agenda. Page 26 of 261 2.a) Motion to Adopt the Agenda. Page 27 of 261 2.a) Motion to Adopt the Agenda. Page 28 of 261 2.a) Motion to Adopt the Agenda. Page 29 of 261 2.a) Motion to Adopt the Agenda. Page 30 of 261 2.a) Motion to Adopt the Agenda. Bqqfoejy4 SfqpsuczQvcmjdIfbmuiPoubsjp Page 31 of 261 2.a) Motion to Adopt the Agenda. EVIDENCE BRIEF Odours from cannabis production April 2018 Key Messages No studies on health effects associated with exposure to cannabis odours were identified in the scientific or grey literature. Odours can result in annoyance and complaints from nearby residents. Current practices recommend the use of appropriate ventilation and filtration systems at cannabis production/cultivation facilities to mitigate the release of substances that may result in odours. A system to report and track odours could help inform on timing and extent of the occurrence of odour to assist local authorities to remedy potential problems. Issue and Research Question Although medical cannabis production facilities already exist, the legalization of recreational cannabis will likely result in an increase in the number of facilities, or the scale of existing cannabis production facilities. Under the Proposed Approach to the Regulation of Cannabis, the production of cannabis will be permitted at both large- and small-scale commercial facilities (cultivators and processors) as well as Page 32 of 261 2.a) Motion to Adopt the Agenda. in private residences in smaller amounts. These facilities may produce emissions that result in odour complaints from neighbours. Based on inquiries from multiple health units, Public Health Ontario conducted a search of the scientific and grey literature to assess potential health effects related to odour producing emissions associated with cannabis production facilities. Health effects from cannabis smoke inhalation, cannabis consumption and other potential environmental hazards identified in cannabis cultivation (such as biological pathogens, pesticides and other chemicals) were not considered within the scope of this evaluation. Methods A literature search was conducted by PHO Library Services using relevant databases (MEDLINE, Embase, Environment Complete, and Scopus), with a combination of pre-defined search terms related to cannabis production and odours. A total of 334 records were returned and reviewed for relevance, with a focus on articles with information about the health effects of these odours. In addition, a grey literature search in Google with a focus on the health effects of odours related to cannabis production was conducted. The detailed search strategy and complete results are available upon request. Main Findings Cannabis odours The characteristic odour associated with cannabis is attributed to the release of chemical compounds into the air known as volatile organic compounds (VOCs). A study by Rice et al. identified over 200 1 different VOCs from packaged cannabis samples. An important consideration when sampling for odorous compounds is the possibility that compounds emitted at higher concentrations may not necessarily be responsible for the overall characteristic of the 1 odour. In addition, the overall odour of cannabis can be time dependent as chemical volatilization occurs at different rates for different compounds. While both fresh and dry cannabis can be associated with odours it is possible that the VOCs responsible for the aroma profiles may be different due to 1 different rates of chemical volatilization. As a result, it is difficult to identify one or a select number of chemicals to measure from a facility to potentially monitor odour on a continuous basis. One approach used for characterizing odour mixtures is the use of the odour unit, which is the ratio between the amount of odourant present in a volume of a neutral (odourless) gas at the odour detection threshold of the odour evaluation panelists. The odour unit is used by the Ontario Ministry of Agriculture, Food and Rural Affairs to categorize odours under the Nutrient Management Act and by the Ontario Ministry of the Environment and Climate Change to determine the compliance of industrial facilities with 2,3 regulations under the Environmental Protection Act. Guidance and procedures for determining odour 3 emissions from industrial facilities are provided under the Ontario Source Testing Code. Evidence Brief: Odours from cannabis production 2 Page 33 of 261 2.a) Motion to Adopt the Agenda. The processing of cannabis and production of cannabis products can also result in odour emissions. Activities such as cannabis oil extraction/concentration can involve the use of chemical solvents such as butane or distillation using alcohol which can also contribute to the overall odour emitted from a 4 production facility. Disposal of cannabis waste products is not expected to contribute to odour as proper disposal involves rendering the waste unusable by grinding and combining with other waste products (food, yard, paper, or plastic wastes, or soil) which will mask or dilute odour producing compounds. This waste is then disposed of according to local ordinances, which can include landfills or municipal waste incinerators which themselves are operated under licenses that specify engineering 5-7 controls for odour.In Canada, personal cannabis producers are advised to dispose of excess cannabis 8 by mixing with water and kitty litter to mask odour prior to disposal in household garbage. Health effects from odours No studies on health effects associated with exposure to cannabis odours were identified in the scientific or grey literature. The perception of odour is not a reliable way to determine the risk of health effects. Some odorous compounds are noticeable at low concentrations where the risk for health effects is very low (e.g. odourants added to natural gas to aid in leak detection), while other chemical compounds (e.g., carbon monoxide) do not result in odours at any concentration, even when there is 9 the potential for people to be exposed at dangerous levels. In general, most substances responsible for odours in the outdoor air are not present at levels that can 10 cause long-term health effects. However, exposure to unpleasant odours may affect an in quality of life and sense of well-being. Exposure to odorous compounds can potentially trigger physical symptoms, depending on the type of substance responsible for the odour, the intensity of the odour, the frequency of the odour, the duration of the exposure, and the sensitivity of the individual detecting 11,12 the odour. Odour mitigation guidelines In Canada, Health Canada regulates medical cannabis producers and requires that facilities are equipped with an air filtration system to prevent the escape of odours under Provision 61 of the Access to 13 Cannabis for Medical Purposes Regulations. An air filtration system using a H13 high-efficiency particle 14 air (HEPA) filter is given as an example of such a system by Health Canada. Other jurisdictions have gone through the process of cannabis legalization and implemented guidelines and procedures to address potential odour issues from production facilities. The following is a summary of the existing guidelines gathered from various agencies in Colorado, Alaska and California. The Colorado Springs Fire Department provides guidance to licensed cannabis production facilities based on the recommendations in the Cannabis Facility Guidance document from the Fire Marshals 15 Association of Colorado. The guidance recommends that appropriate ventilation and filtration systems be implemented and maintained to satisfy applicable local odour nuisance standards. In addition, the Evidence Brief: Odours from cannabis production 3 Page 34 of 261 2.a) Motion to Adopt the Agenda. adoption of best practices and state-of-the-art technologies in odour mitigation are strongly 16 encouraged. In situations where odour is inadequately mitigated and is perceived to be excessive, residents in Denver, Colorado are asked to file a nuisance odour complaint with the Denver Department 17 of Environmental Health. The city of Denver, Colorado has released a Best Management Practices document for commercial 18 medical cannabis producers, wherein a number of odour control technologies are described. Carbon filtration has been recommended as the best control technology for cannabis cultivation facilities and 18 producers of cannabis-infused products. Other recommended technologies include negative ion generators/electrostatic precipitators, air scrubbers, masking agents, and the use of negative pressure 15,20,21 to keep odours within the facility.Regardless of which technologies are used to control odour, it is important that these systems are properly maintained according to specifications to provide optimal performance. Applications for cannabis cultivation facilities in Alaska must submit an operating plan that includes odour control to ensure that cultivated cannabis does not emit odour detectable by the public from 22 outside the facility. Similarly, regulatory permit applications for medical cannabis facilities in Hollister, California are evaluated based on an adequate odour management plan which must include a detailed 21 description of the ventilation system that will be used in the facility. In Sacramento, California, permitted cannabis producers are required to prevent all odours generated from the cultivation and storage of cannabis from escaping from the buildings on the cultivation site, such that the odour cannot 23 be detected by a reasonable person of normal sensitivity outside the buildings. Discussion and Conclusions The upcoming legalization of cannabis in Canada is expected to result in an increase in cannabis production or cultivation in both large- and small-scale commercial facilities, and private residences. There is a potential that operation of these facilities will result in the release of odour and odorous compounds into the surrounding environment. However, environmental odours are regularly encountered from agricultural and industrial operations and odour control technologies are both readily available and widely used in these industries. Although regulations and guidelines are still being developed for the province of Ontario, other jurisdictions have already legalized cannabis production and developed best practices and procedures to address odour issues. In general, cannabis production facilities can implement and maintain appropriate ventilation and filtration systems to satisfy applicable local odour nuisance standards. A formal system for residents to document and report nuisance odours can facilitate the enforcement of these standards or municipal bylaws. As part of the permitting process, odour control plans can be reviewed to determine whether emissions are adequately treated such that cannabis odours are not perceptible outside the exterior of the building. Evidence Brief: Odours from cannabis production 4 Page 35 of 261 2.a) Motion to Adopt the Agenda. Studies linking health effects to neighbourhood exposure to emissions from cannabis production facilities were not found through the literature search. Detection of unpleasant odours may affect an sense of well-being by triggering a physiological response. Implications for Practice Although studies on health effects from neighbourhood exposure to emissions from cannabis production have not been published, these emissions of volatile organic compounds would be broadly comparable to those produced by other agricultural operations. In general, the substances responsible for odours may result in reports of responses such as headaches or irritation depending on individual tolerance of particular odours. Based on existing guidance from Health Canada and elsewhere, odour control technologies are available for production facilities to prevent the release of odours from site buildings. Following other jurisdictions, a system to report and track nuisance odours could be implemented in the event that the odour control at a cannabis production facility is not effective. Such a system can help to inform local authorities on timing and extent of the occurrence of odour, and inform decisions through which authorities can intervene to remedy potential problems. Health Canada, through the regional Controlled Substances Program, conducts inspections of licenced producers to verify their ongoing 24 compliance with the Access to Cannabis for Medical Purposes Regulations (ACMPR). A similar inspection system may be useful to encourage and monitor compliance with the requirement for air filtration and odour control under the ACMPR. Evidence Brief: Odours from cannabis production 5 Page 36 of 261 2.a) Motion to Adopt the Agenda. References 1.Rice S, Koziel JA. Characterizing the smell of cannabis by odor impact of volatile compounds: an application of simultaneous chemical and sensory analysis. PLoS One. 2015;10(12):e0144160. Available from: http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0144160 2.Ontario. Ministry of Agriculture, Food and Rural Affairs. 2012 NASM odour guide for Ontario Regulation 267/03 made under the Nutrient Management Act, 2002 \[Internet\]. Toronto, ON: Ontario; 2012 \[cited 2018 Feb 6\]. Available from: http://www.omafra.gov.on.ca/english/nm/regs/nmpro/odour02-12.htm 3.Ontario. Ministry of the Environment and Climate Change. Ontario source testing code \[Internet\]. Toronto, ON: ; 2009 \[cited 2018 Feb 6\]. Available from: https://www.ontario.ca/document/ontario-source-testing-code-0 4.Straughan B; Robson Forensic. Cannabis facilities: codes, standards, and managing the hazards expert article \[Internet\]. Lancaster PA: Robson Forensic; 2016 \[cited 2018 Jan 17\]. Available from: http://www.robsonforensic.com/articles/codes-standards-hazards-cannabis-grow-facility-expert- witness 5.OAC 37966 § 3.14(2017). Available from: http://codes.ohio.gov/oac/3796:6-3-14 6.WAC 314 § 55.097(2016). Available from: http://apps.leg.wa.gov/wac/default.aspx?cite=314-55-097 7.State of Alaska Department of Environmental Conservation, Environmental Health Division. Cannabis waste disposal. Anchorage, AK: State of Alaska Department of Environmental Conservation; 2016. Available from: https://dec.alaska.gov/eh/pdf/sw/2016-cannabis-waste.pdf 8.Health Canada. Information bulletin: safety and security considerations when producing cannabis for your own medical purposes \[Internet\]. Ottawa, ON: Health Canada; 2016 \[cited 2018 Jan 17\]. Available from: https://www.canada.ca/en/health-canada/services/information-bulletin-safety- security-considerations-producing-cannabis-for-own-medical-purposes.html 9.New York State Department of Health. Odors and health \[Internet\]. Albany, NY: New York State Department of Health; 2015 \[cited 2018 Jan 17\]. Available from: https://www.health.ny.gov/publications/6500/index.htm 10.Agency for Toxic Substances and Disease Registry. Factsheet: are environmental odors toxic? \[Internet\]. Atlanta, GA: Agency for Toxic Substances and Disease Registry; 2017 \[cited 2018 Jan 17\]. Available from: https://www.atsdr.cdc.gov/odors/docs/are_environmental_odors_toxic_508.pdf Evidence Brief: Odours from cannabis production 6 Page 37 of 261 2.a) Motion to Adopt the Agenda. 11.Ontario. Ministry of the Environment and Climate Change. Odours in our environment \[Internet\]. ; 2017 \[cited 2018 Jan 17\]. Available from: https://www.ontario.ca/page/odours-our-environment 12.Agency for Toxic Substances and Disease Registry. Environmental odors frequently asked questions\[Internet\]. Atlanta, GA: Agency for Toxic Substances and Disease Registry; 2017 \[cited 2018 Jan 17\]. Available from: https://www.atsdr.cdc.gov/odors/faqs.html 13.Access to Cannabis for Medical Purposes Regulations. SOR 2016-230. Available from: http://laws.justice.gc.ca/PDF/SOR-2016-230.pdf 14.Health Canada. Building and production security requirements for marihuana for medical purposes guidance document. Ottawa, ON: Health Canada; 2013. Available from: https://www.canada.ca/en/health-canada/services/drugs-health-products/medical-use- cannabis/licensed-producers/guidance-document-building-production-security-requirements- marihuana-medical-purposes.html 15.Cannabis facility guidance \[Internet\]. Golden, CO: Fire 2016 \[cited 2018 Jan 17\]. Available from: https://csfd.coloradosprings.gov/sites/csfd.coloradosprings.gov/files/cannabis_guidance_document _v.3_2016_04_27.pdf 16.British Columbia Ministry of Agriculture, Strengthening Farming Program, Innovation and Adaptation Services Branch;. Regulating medical marihuana production facilities in the agricultural land reserve. Victoria, BC: British Columbia Ministry of Agriculture; 2015 \[cited 2018 Jan 17\]. Available from: https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and- industry/agriculture-and-seafood/agricultural-land-and-environment/strengthening-farming/local- government-bylaw-standards/medical- marihuana/medical_marihuana_discussion_paper_march_2_2015_final.pdf 17.Colorado Official State Web Portal. Retail cannabis use within the city of Denver: parents, guardians and neighbors \[Internet\]. Denver, CO: Colorado Official State Web Portal; 2017 \[cited 2018 Jan 17\]. Available online: https://www.colorado.gov/pacific/cannabisinfodenver/parents-guardians- neighbors 18.Denver Department of Public Health and Environment. Best management practices: commercial medical cannabis cultivation \[Internet\]. Denver, CO: Denver Department of Public Health and Environment; 2011 \[cited 2018 Jan 17\]. Available from: https://www.denvergov.org/content/dam/denvergov/Portals/723/documents/BestManagementPra ctices_MMJ_Final.pdf Evidence Brief: Odours from cannabis production 7 Page 38 of 261 2.a) Motion to Adopt the Agenda. 19.odor control plan frequently asked questions \[Internet\]. Denver, CO: Denver Department of Public Health and Environment; 2016 \[cited 2018 Jan 17\]. Available from: https://www.denvergov.org/content/dam/denvergov/Portals/771/documents/EQ/Odor/Odor%20F AQ%20Final.pdf 20.Denver Department of Public Health and Environment. Best management practices: commercial medical cannabis cultivation \[Internet\]. Denver, CO: Denver Department of Public Health and Environment; 2011 \[cited 2018 Jan 17\]. Available from: https://www.denvergov.org/content/dam/denvergov/Portals/723/documents/BestManagementPra ctices_MMJ_Final.pdf 21.City of Hollister, California. Hollister medical cannabis facilities permit application and information \[Internet\]. Hollister, CA: City of Hollister; 2014 \[cited 2018 Jan 17\]. Available from: http://hollister.ca.gov/business/medical-cannabis/ 22. 3 AAC§ 306. Available online: http://www.legis.state.ak.us/basis/aac.asp#3.306 23.City of Sacramento Office of Cannabis Policy and Enforcement. Cultivation of cannabis \[Internet\]. Sacramento, CA: City of Sacramento; 2016 \[cited 2018 Jan 17\]. Available from: https://www.cityofsacramento.org/Finance/Revenue/Sacramento-Cannabis-Information/Business- Information/Cultivation 24.Health Canada. Inspections - what to expect - information package for licensed producers and licensed producer applicants of cannabis for medical purposes \[Internet\]. Ottawa, ON: Health Canada; 2017 \[cited 2018 Jan 17\]. Available online: http://www.hc-sc.gc.ca/dhp- mps/marihuana/info/licencedproducer-producteurautorise/inspections-eng.php Specifications and Limitations of Evidence Brief The purpose of this Evidence Brief is to investigate a research question in a timely manner to help inform decision making. The Evidence Brief presents key findings, based on a systematic search of the best available evidence near the time of publication, as well as systematic screening and extraction of the data from that evidence. It does not report the same level of detail as a full systematic review. Every attempt has been made to incorporate the highest level of evidence on the topic. There may be relevant individual studies that are not included; however, it is important to consider at the time of use of this brief whether individual studies would alter the conclusions drawn from the document. Evidence Brief: Odours from cannabis production 8 Page 39 of 261 2.a) Motion to Adopt the Agenda. Authors Alvin Ching Wai Leung, Environmental Health Analyst, Environmental and Occupational Health, Public Health Ontario Contributors Linna Li, Medical Resident, Environmental and Occupational Health, Public Health Ontario Reviewers Rena Chung, Manager, Environmental and Occupational Health, Public Health Ontario Dr. Ray Copes, Chief, Environmental and Occupational Health, Public Health Ontario Dr. Angela Eykelbosh, Environmental Health and Knowledge Translation Scientist, National Collaborating Centre for Environmental Health Dr. Pamela Leece, Public Health Physician, Health Promotion, Chronic Disease & Injury Prevention, Public Health Ontario Citation Ontario Agency for Health Protection and Promotion (Public Health Ontario). Evidence brief: Odours from cannabis production. Toronto, ON: Queen's Printer for Ontario; 2018. ISBN 978-1-4868-1425-1 18 Disclaimer This document was developed by Public Health Ontario (PHO). PHO provides scientific and technical guided by the current best available evidence at the time of publication. The application and use of this document is the responsibility of the user. PHO assumes no liability resulting from any such application or use. This document may be reproduced without permission for non-commercial purposes only and provided that appropriate credit is given to PHO. No changes and/or modifications may be made to this document without express written permission from PHO. Evidence Brief: Odours from cannabis production 9 Page 40 of 261 2.a) Motion to Adopt the Agenda. For Further Information Toxicology and Exposure Assessment, Environmental and Occupation Health Email: EOH@oahpp.ca Public Health Ontario Public Health Ontario is a Crown corporation dedicated to protecting and promoting the health of all Ontarians and reducing inequities in health. Public Health Ontario links public health practitioners, front- line health workers and researchers to the best scientific intelligence and knowledge from around the world. For more information about PHO, visit publichealthontario.ca. Public Health Ontario acknowledges the financial support of the Ontario Government. Evidence Brief: Odours from cannabis production 10 Page 41 of 261 2.a) Motion to Adopt the Agenda. Bqqfoejy5 UsbggjdTuvez Page 42 of 261 2.a) Motion to Adopt the Agenda. Page 43 of 261 2.a) Motion to Adopt the Agenda. Page 44 of 261 2.a) Motion to Adopt the Agenda. Page 45 of 261 2.a) Motion to Adopt the Agenda. Page 46 of 261 2.a) Motion to Adopt the Agenda. ¸ ¸ ¸ ¸ ¸ ¸ ¸ Page 47 of 261 2.a) Motion to Adopt the Agenda. Page 48 of 261 2.a) Motion to Adopt the Agenda. Page 49 of 261 2.a) Motion to Adopt the Agenda. Page 50 of 261 2.a) Motion to Adopt the Agenda. Page 51 of 261 2.a) Motion to Adopt the Agenda. ¸ Page 52 of 261 2.a) Motion to Adopt the Agenda. 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Page 58 of 261 2.a) Motion to Adopt the Agenda. 74013 138191717181779479543010 1132 16:00 Page 1 WB 2251 2251 221028 1624434655586968867782857690756065524330201611 110112 Site Code: 020 02 EB Week Average 1119 17:00 Date End: 17/08/2017 Date Start: 14/08/2017 - ************ 0 WB 0 0 Sun - ************************************ 0 EB - ************ 0 WB 0 0 Sat - ************************************ 0 EB - ************ 0 WB 0 Fri 0 - ************************************ 0 EB 06 101382927367798868674828 WB1092 14:00 2219 Thu 2219 141101244 705-726-9300 2026455051626965877796969785755043384231261411 Midhurst, Ontario 105119 EB 1127 17:00 County of Simcoe 017 148391847398728198937640 WB1226 12:00 Transportation and Engineering Department 2400 Wed 2400 414120113 1113224847616367658976936780737687735235141414 113110 EB 1174 16:00 41 158497697378848577512416 WB 1111 16:00 2202 Tue 2202 363000226 1721494448596261707273717198745676544325202010 123105 EB 1091 16:00 41 1075845771967479402611 107 WB 1098 16:00 ADT 2,249AADT 2,249 2175 2175 208 1129608182845529 14/08/2017113 1077 EB 17:00 Day Vol.8184619765916592------6891Vol.113107123851139811988------11294 ADT Lane Total 01:0002:001003:0004:003405:0006:00132707:0008:004309:0010:00487811:0001:0002:00708003:0004:0010505:0006:00785707:0008:00433609:0010:00191411:00 Comb. Start Time AM Peak11:0008:0011:0008:0011:0008:0011:0008:00------11:0008:00PM Peak 12:00 AM2512:00 PM9862 County Road 20 - Summer 2017Line 3 Oro-Medonte toLine 7 Oro-Medonte Page 59 of 261 5.a) Minutes of Council meeting held on Wednesday, June 12, 2019. Page 60 of 261 5.a) Minutes of Council meeting held on Wednesday, June 12, 2019. Page 61 of 261 5.a) Minutes of Council meeting held on Wednesday, June 12, 2019. Page 62 of 261 5.a) Minutes of Council meeting held on Wednesday, June 12, 2019. Page 63 of 261 5.a) Minutes of Council meeting held on Wednesday, June 12, 2019. Page 64 of 261 5.a) Minutes of Council meeting held on Wednesday, June 12, 2019. Page 65 of 261 5.a) Minutes of Council meeting held on Wednesday, June 12, 2019. Page 66 of 261 5.a) Minutes of Council meeting held on Wednesday, June 12, 2019. Page 67 of 261 5.a) Minutes of Council meeting held on Wednesday, June 12, 2019. Page 68 of 261 5.a) Minutes of Council meeting held on Wednesday, June 12, 2019. 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Appendix B Township of Oro-Medonte Cultural Heritage Resource Evaluation Form Address: ___________________________________________________________ Period: ______________________________________________________________ Recorder Name: _______________________________________________________ Description: ___________________________________________________________ Photographs: Front Facade Left Facade Right Facade Rear Facade Details Setting Date: Design of Physical Value StyleN/AUnknown NoYes Isthis a notable,rare orunique example of aparticular architectural style ortype? ConstructionIsthisanotable,rare,unique N/AUnknown NoYes orearlyexample of a particular material ormethod of construction? DesignIsthisaparticularlyattractive orN/AUnknown NoYes unique structure because ofthe meritsofitsdesign, composition,craftsmanshipor details? Doesthisstructure N/AUnknown NoYes demonstrate a high degree of technical or scientific achievement? Notes: Contextual Value ContinuityDoesthisstructure contribute N/A Unknown No Yes tothecontinuityorcharacter ofthestreet, neighbourhood orarea? 1 Page 130 of 261 5.b) Minutes of Heritage Committee meeting held on Monday, June 17, 2019... Township of Oro-Medonte Appendix B Cultural Heritage Resource Evaluation Form Contextual Value (Continued) SettingIsthesetting ororientationofN/AUnknownNoYes the structure orlandscaping noteworthy? Doesit provide aphysical,N/A Unknown No Yes historical,functional orvisual link toitssurroundings? LandmarkIsthisaparticularly importantN/A Unknown No Yes visual landmark within the: ; ; or, neighbourhood? CompletenessDoesthisstructure have N/A Unknown No Yes otheroriginal outbuildings, notable landscaping or external featuresthat complete the site? Notes: Integrity SiteDoesthe structure occupyitsN/AUnknown NoYes original site? Note:ifrelocated, i.e. relocated onits original site, moved from another site, etc. AlterationsDoesthisbuilding retain mostN/AUnknown NoYes ofitsoriginal materials and designfeatures? Isthisanotable structure dueN/AUnknown NoYes tosympathetic alterationsthat have taken place overtime? 2 Page 131 of 261 5.b) Minutes of Heritage Committee meeting held on Monday, June 17, 2019... Township of Oro-Medonte Appendix B Cultural Heritage Resource Evaluation Form Integrity (Continued) ConditionIsthisbuildingingoodN/AUnknownNoYes condition? Notes: Historical or Associative Value & Significance Doesthispropertyorstructure have strong N/AUnknown No Yes associationswithand/or contributetothe understanding of a belief,person,activity, organization orinstitution that is significant or unique withinthe City? Istheoriginal, previousorexistinguse N/AUnknown No Yes significant? Doesthispropertymeetthedefinition ofaUnknownNo Yes significant builtheritageresource orcultural heritage landscape,as identified in the Provincial PolicyStatement underthe Ontario Planning Act? A property or structurevaluedforthe important contributionitmakestoour understanding of the history of aplace, an event,oraperson. Names of the Original Owners: ___________________________________________ Notes: 3 Page 132 of 261 5.b) Minutes of Heritage Committee meeting held on Monday, June 17, 2019... Township of Oro-Medonte Appendix B Cultural Heritage Resource Evaluation Form Further Action/Follow Up Add to Heritage Register High Priority for Designation Heritage District Potential Additional Research Required Additional Photographs RequiredSetting All Facades Details Request Permission to Access Property Other: General Comments Date of Property Owner Notification: _______________________________________ Property Owner Name and Address: ___________________________________ Additional Information Attached Recommendation Heritage Committee RecommendationCouncil Decision Add to Heritage RegisterAdd to Heritage Register No Action –Keep on FileNo Action –Keep on File Date: ________________________Date: _________________________ Notice of Collection: Information on this form is collected for the purposes authorized under the Municipal Act 2001, s. 8; in addition to heritage preservation, information will be used to enhance municipal services being delivered to applicants or as the applicant my require. All information is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c M56. Questions about this notice of collection should be directed to the Clerk’s office at 705-487-2171 Revised June 2019 4 Page 133 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for a Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2019-ZBA-09(Ian & Beth Johnstone) Take notice that the Township of Oro-Medonte deemed the following applicationto amend Zoning th By-law No. 97-95, as amended, a “Complete Application” pursuant to the Planning Acton the 24 day of May2019. And take noticethat the Development Services Committee of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Wednesday,June 19, 2019, at 6:30p.m.in the Municipal Council Chambers. The purpose of the Public Meeting is to notify the publicand to obtain publiccomments on aproposed Amendment to the Zoning By-law. The subject landsare located at 315 Line 9 South and are described as ORO-MEDONTE CON 10 W PT LOT;22 RP 51R36732 PART 1. A key mapillustrating the location of the subject landsis includedwith this Notice. The purposeand effect of the proposed Zoning By-law Amendment is to adjust the Environmental Protection (EP)Zone boundary and remove a holding provision on the subject propertyfor the purpose of a single detached dwelling on the lands. Any personmay attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Zoning By-law Amendment. Written comments by any person unable to attend the meeting should be mailed/faxed/e-mailed to the Secretary- Treasurer, The Corporation of the Township of Oro-Medonte to be received no later than 12:00 p.m. noon on June 18,2019. Please ensure that you include your name and address so that you may be contacted if necessary. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Secretary-Treasurer, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Local Planning Appeals Tribunal and may not be added as a party to the hearing of an appeal before the Local Planning Appeals Tribunal unless, in the opinionof the Tribunal, there are reasonable grounds to do so. The application is part of the public record and is available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Buildingand available on the Township’s website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application or to arrange to inspect the application should contact the Planning Division at 705-487-2171. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and maybe made available through the agenda process which includes publication on the Township’s website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario L0L 2E0 Attn: Andy Karaiskakis, Secretary-Treasurer planning@oro-medonte.ca th Datedat the Township of Oro-Medonte this 28day of May, 2019. Page 134 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Key Map Site Plan Page 135 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Tuesday, May 28, 2019 9:37 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Receipt of Complete Application and Notice of Public Meeting, 2019-ZBA-09 (Johnstone) - Council Meeting Scheduled for June 19, 2019 Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 136 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Enbridge Gas Inc. 500 Consumers Road North York, Ontario M2J 1P8 Canada May 30, 2019 Andy Karaiskakis, RPP Senior Planner Township of Oro-Medonte Planning Department 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Andy, Re: Zoning By-law Amendment Ian & Beth Johnstone 315 Line 9 South Township of Oro-Medonte File No.: 2019-ZBA-09 Enbridge Gas Inc. does not object to the proposed application(s). Enbridge Gas Inc. reserves the right to amend or remove development conditions. Sincerely, Alice Coleman Municipal Planning Coordinator Long Range Distribution Planning ENBRIDGE GAS INC. TEL: 416-495-5386 MunicipalPlanning@enbridge.com 500 Consumers Rd, North York, ON, M2J 1P8 enbridgegas.com Safety. Integrity. Respect. Page 137 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ June 10, 2019 File No: 2019-ZBA-09 IMS File No.: ZO-403602-052819 Andy Karaiskakis Senior Planner Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Zoning By-law Amendment 315 Line 9 South Township of Oro-Medonte Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted Zoning Amendment application. We understand that the purpose and effect of this application is to adjust the Environmental Protection (EP) boundary and to remove the holding provision on the subject property for the purpose of a single detached dwelling on the lands. The LSRCA has reviewed the application in context of the Provincial Policy Statement (PPS), the Growth Plan (2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of a watercourse (Allingham Creek) and associated flooding and erosion hazards. The provided materials indicate the proposed location for the new dwelling is within an area governed Ontario Regulation 179/06 and therefore a permit is required from LSRCA prior to any municipal approvals. The proposed location of the dwelling will be outside of the floodplain (confirmed through the submission of a topographic survey) and at least 30 metres from the watercourse. To further protect the ecological functions of the watercourse, LSRCA will require the submission of a planting plan to augment the buffer to the watercourse at the southeast corner of the property (see figure) to the satisfaction of LSRCA. Page 138 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 2 of 3 &¨¦´±¤ ΐ ,®¢ ³¨® ®¥ ¯« ³¨¦ ¯« Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Development Planner Page 139 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 140 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 141 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 142 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 143 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 144 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 145 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 146 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 147 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 148 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 149 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 150 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 151 of 261 7.a) 6:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 152 of 261 12.a) Shawn Binns, Director, Operations and Community Services re: Memor... Page 153 of 261 12.a) Shawn Binns, Director, Operations and Community Services re: Memor... Page 154 of 261 12.a) Shawn Binns, Director, Operations and Community Services re: Memor... Page 155 of 261 12.a) Shawn Binns, Director, Operations and Community Services re: Memor... Page 156 of 261 12.a) Shawn Binns, Director, Operations and Community Services re: Memor... Page 157 of 261 12.a) Shawn Binns, Director, Operations and Community Services re: Memor... Page 158 of 261 12.a) Shawn Binns, Director, Operations and Community Services re: Memor... Page 159 of 261 12.a) Shawn Binns, Director, Operations and Community Services re: Memor... Page 160 of 261 12.b) ES2019-3, Jennifer Barrick, Environmental Services Technologist re... Page 161 of 261 12.b) ES2019-3, Jennifer Barrick, Environmental Services Technologist re... Page 162 of 261 12.b) ES2019-3, Jennifer Barrick, Environmental Services Technologist re... Page 163 of 261 12.c) OCS2019-19, Justin Metras, Manager, Infrastructure and Capital Pro... Page 164 of 261 12.c) OCS2019-19, Justin Metras, Manager, Infrastructure and Capital Pro... Page 165 of 261 12.c) OCS2019-19, Justin Metras, Manager, Infrastructure and Capital Pro... Page 166 of 261 12.c) OCS2019-19, Justin Metras, Manager, Infrastructure and Capital Pro... Page 167 of 261 12.c) OCS2019-19, Justin Metras, Manager, Infrastructure and Capital Pro... Page 168 of 261 12.c) OCS2019-19, Justin Metras, Manager, Infrastructure and Capital Pro... Page 169 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 170 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 171 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 172 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 173 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 174 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 175 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 176 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 177 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 178 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 179 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 180 of 261 12.d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Page 181 of 261 12.e) DS2019-76, Dave Saunders, Manager, Development Engineering re: Pre... Page 182 of 261 12.e) DS2019-76, Dave Saunders, Manager, Development Engineering re: Pre... Page 183 of 261 12.e) DS2019-76, Dave Saunders, Manager, Development Engineering re: Pre... Page 184 of 261 12.e) DS2019-76, Dave Saunders, Manager, Development Engineering re: Pre... Page 185 of 261 12.e) DS2019-76, Dave Saunders, Manager, Development Engineering re: Pre... Page 186 of 261 12.f) DS2019-77, Derek Witlib, Manager, Planning Services re: Interim Co... Page 187 of 261 12.f) DS2019-77, Derek Witlib, Manager, Planning Services re: Interim Co... Page 188 of 261 12.f) DS2019-77, Derek Witlib, Manager, Planning Services re: Interim Co... Page 189 of 261 12.f) DS2019-77, Derek Witlib, Manager, Planning Services re: Interim Co... Page 190 of 261 12.f) DS2019-77, Derek Witlib, Manager, Planning Services re: Interim Co... Page 191 of 261 14.a) Announcements of Interest to the Public: Oro-Medonte Horticultural... Page 192 of 261 14.b) Notice of the Passing of an Education Development Charge Amending ... Simcoe Muskoka Catholic DistrictSchool Board 46 Alliance Boulevard Barrie,Ontario,CanadaL4M5K3 Tel 705.722.3555 Fax 705.722.6534 www.smcdsb.on.ca NOTICE OF THE PASSING OF AN EDUCATION DEVELOPMENT CHARGE AMENDING BY-LAW BY THE SIMCOE MUSKOKA CATHOLIC DISTRICT SCHOOL BOARD TAKE NOTICE that the Simcoe Muskoka Catholic District School Board (the Education Development Charge th Amending By-law No. 51-01-2019 (the - on the 5day of June, 2019 under section 257.70 of the Education Act, R.S.O. 1990, c. E.2, as amended (the AND TAKE NOTICE that any person or organization may appeal to the Local Planning Appeal Tribunal under Section 257.73 th of the Act, in respect of the By-law, by filing with the Secretary of the Board on or before the 15 day of July, 2019 anotice of appeal setting out the objection to the By-law and the reasons supporting the objection, along with the required feeof$300 payable to the Ministry of Finance. The schedule of education development charges imposed by the By-law for residential development shall be the following amounts per dwelling unit for the periods set out below: June 10, 2019 to October 29, 2019: $748.00; October 30, 2019 to October 29, 2020: $1,048.00; October 30, 2020 to October 29, 2021: $1,348.00; October 30, 2021 to October 29, 2023: $1,472.00; The schedule of education development charges imposed by the By-law for non-residential development shall be the following amounts per square foot of gross floor area for the periods set out below: June 10, 2019 to October 29, 2020: $0.13; October 30, 2020 to October 29, 2021: $0.14; October 30, 2021 to October 29, 2023: $0.15; Education Development Charges are imposed on all development of lands in the County of Simcoe, save and exceptthose specifically exempted by the Board in the By-law. Accordingly a key map showing the location of lands affected by the By-law is not provided as part of this notice. A copy of the complete By-law is available for examination in the offices of the Board located at 46 Alliance Boulevard, Barrie, Ontario, during regular office hours, being between the hours of 8:30 a.m. and 4:30 p.m. from Monday to Friday. Notice of a proposed by-law amending the By-law or the passage of such an amending by-law is not required to be given toany person or organization, other than to certain clerks of municipalities or secretaries of school boards, unless the personor organization gives the secretary of the Board a written request for notice of any amendments to the By-law and has provided a returnaddress. Dated at the City of Barrie th This 6day of June, 2019 Brian Beal Director of Education and Secretary-Treasurer of the Board (705) 722-3555 Our Vision: We are a faith-filled Catholic learning community dedicated to excellence Page 193 of 261 14.b) Notice of the Passing of an Education Development Charge Amending ... Page 194 of 261 14.b) Notice of the Passing of an Education Development Charge Amending ... Page 195 of 261 14.c) Correspondence dated June 5, 2019 from The Corporation of the City... Page 196 of 261 14.c) Correspondence dated June 5, 2019 from The Corporation of the City... Page 197 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 198 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 199 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 200 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 201 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 202 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Following attendance at the May 22 Council Meeting, we ask that you, Oro Medonte Mayor, Council and Staff please consider the following with respect to the draft By- Law 2019-053 - Short Term Rental Accommodations. This list of suggestions/solutions has been modified/amended since our attendance at the May 22, 2019 meeting, and differ somewhat from our initial email dated May 9, 2019. 1.Short Term Rental Accommodations (STR’s) only be licensed if the home is a private and primary residence of the homeowner(s); not owned by a corporation, business partnership or absentee home owner(s). 2.Short Term Rental Accommodations must be a minimum of one week (7 days) in duration (no single night or weekend rentals or mid-week Corporate Retreats or celebratory events which would require event licenses). (minimum stay extended to 14 days would be preferable) 3.All STR's must be registered and licensed and must meet all By-Law (code) requirements for fire, septic/sanitary, parking and traffic safety (road speed limits). Registration/licensing would be based on occupancy, total beds advertised/rented (similar to hotel & motel rental properties). 4.All new STR applications must be vetted with neighbours and a notice sent out by Council advising that a home as applied for a license. Residents would thus have the same right to petition Council as they would if a neighbour wanted to build a new garage or put an addition onto their home. The rental license would thus be approved by Council (or not), based on the input by the neighbours and recommendation of Staff. 5.Existing STR rental operations would be given a grace period of 4-6 months to comply with the new By-Law (code regulations) or face shut-down by the Township. 6.A complaint mechanism be put in place whereby repeat registered STR offenders can lose their license should there be three or more instances of noise complaints, garbage, speeding, overcrowding, etc. noted within one 12/24/36 month period. (select most appropriate based on feedback). 7.STR licensing fees should be commensurate with the size/number of sleeping accommodations advertised rather than a “one size fits all” fee. i.e. 5-7 bedrooms vs 1-2 or 3-4 particularly when rentals can be >$1000 – 2000 per night. (to assist in off-setting associated increased Oro Medonte administrative costs). 8.A “renter’s code of conduct” should be made available at time of rental, signed off by the renter. This must be posted in each STR home in a visible location, outlining the purpose & objectives, guiding principles, residential norms (noise & disturbance, access & parking, bonfires/burning, traffic safety, water safety, maximum number of renters & guests, recycling & garbage, sewage & water, etc. and requirement for compliance.Code of Conduct guidelines should be provided by Oro Medonte, to be consistent for all licensees. 9.By-Law officers have appropriate training and authority to issue summons at the offending property, regarding STR complaints. Page 203 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... 10.Consideration be given to contract OPP Pay Duty constables, who have rights to issue warnings and summons regarding STR complaints or other illegal matters/offences, if an appropriate number of By-Law officers are not available for community contact during peak weekend and/or STR rental periods. (i.e. long holiday weekends, weekends throughout June, July, August) Your consideration and action regarding this highly sensitive and controversial matter is appreciated as you move forward with the next (and perhaps final draft of By-Law 2019-053) and the subsequent Zoning review. Sincerely, Page 204 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... excessive Page 205 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 206 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 207 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 208 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Barry Sookman 187 Armour Blvd. Toronto Ontario M3H-1M3 bsookman@gmail.com 647-298-0414 February 26, 2019 Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L2E0 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 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 Townships 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 209 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 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 dilig 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 210 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 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. es not necessarily reflect the e 1 number of verified complaintsor 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 This is a relatively small number of properties. -Medonte currently listed for rental over the various int properties poses some problems for neighbors, and assuming there are only 300 properties being 2 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 Њ 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 211 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 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 3 of any corresponding increase in the number of problem properties. 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-Med 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 212 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 5 - 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- 2018-2022 Economic Development Strategy, finalized in September of 2017, affirmed the important goal of developing -Medonte as a premier four-season tourism 4 The Report does not examine whether any of the proposed strategies for regulating STRs would 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 cos 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 debate and dismissed alarmist calls for onerous regulation for the simple fact that it makes 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 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 efforts to expand and promote tourism Vermont recently proposed rule changes to level the playing field in that States to enable licensed lodging properties to compete with short tourism commissioner said, 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 Ѝ ŷźƭ ƦƌğƓ ƩĻΏĻƓŅƚƩĭĻķ ƭźƒźƌğƩ ŭƚğƌƭ ƭĻƷ ƚǒƷ źƓ ƷŷĻ hƩƚΏaĻķƚƓƷĻ 9ĭƚƓƚƒźĭ 5ĻǝĻƌƚƦƒĻƓƷ tƌğƓ Λ{ĻƦƷ ЋЉЊЊΜ͵ Page 213 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 6 - 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 5 Short-Term Accommodations: A Discussion of Issues and Options paper. The benefits include providing accommodations for tourists that are in short supply, as they are in Oro-Medonte. We should not legislate 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 6 doing so legally and in compliance with existing zoning rules. 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 thy local tourism sector. An appropriate form and degree of STA contribute a number of positive economic benefits. Persons who rent out rooms in their home may earn 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 and STA rentals may assist in 6 Page 214 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 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 regulating 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 regime 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 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 215 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 8 - 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 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. complete further analysis of these implications to Township staff and report back to Council with , one needs to know before pulling a plug what is the baby and what is the bathwater. 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 target the specific 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 216 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 9 - enacted any comprehensive licensing/zoning 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 reportd 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 solutionmost 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 helps buffer the tax base, makes people keep up their properties and buy more houses, My Option 2: Registration or simple business license solution: Some smaller municipalities in the U.S. have enacted limited 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 7 Township of Ramara has asked STR owners to register with the Township. 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 7 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 217 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 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 (by-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 with th 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. AnotNoise 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 11pm 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 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 economic advantage or gain from contravening the by-34.1 the Township can by- 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 218 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 11 - 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-Medonte 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 zoning proposal 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. 8 (This zoning proposal is Report Option 1) This proposal would not restrict existing non- conforming uses because of s.34(9) of the Planning Act. However, amendments to the 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 8 This option is described in the Report as follows: r prohibited and to define This option would add new Official Plan policies and Zoning By- prohibited. This option would put in place certain conditions through the zoning by- 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, ough the Provincial court process and may not be sufficient in addressing the challenges and concerns that have -Medonte. Page 219 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 12 - tourists throughout the year including in the summer and winter. A decision to limit STRs to shoreline properties, therefore, w 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) 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 -law 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 property owners. This comprehensive approach provides the overall philosophy of the 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. A restrictive complex comprehensive licensing/zoning regime is not required in Oro-Medonte and should be rejected. Page 220 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 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, , 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 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. at my home for a much need- 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 1 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 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 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 221 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 14 - 9 Oro-Medonte. 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. 1011 The Report refers to the Townships of Niagara on the Lake, Wasaga Beach, and Blue 121314 Mountain. However, the townships of Niagara on the Lake, Wasaga Beach, and Blue 15 Mountain are already very popular tourist attractions with over 1.5 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 Mountai comprehensive license regime is not this restrictive.) 11 The Town of Wasaga Beach passed by-law 2007-38. t 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 ing 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 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-of -famous Shaw Festival Theatre; internationally-acclaimed wineries; and four- 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. 14 Wasaga Beach is also a popular summer tourist destination. According to Wikipedia 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 222 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 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 f 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 Township currently lacks. STRs are, arguably, more important economically to a community like Oro- Medonte than to established popular tourist destinations. 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 Plan 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 denied for a property that was being lawfully carried on at that location 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 223 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 16 - 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 ves 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., JD Page 224 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... 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 local 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 10pm. 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 225 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... - 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 226 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Appendix 2 Message to Guests before Arrival (Extracts) 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 227 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... 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. 1. 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. prohibit outdoor parties, excessive noise including after 10 PM, trespassing onto 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 228 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 229 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 230 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 231 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 232 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 233 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 234 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... & Craig White Page 235 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Please add this information to your decision making process...thank you in advance. McGill study finds small group of owners account for majority of Airbnb revenues McGill study finds small group of owners account for majority of Airbnb revenues This Oct. 14, 2013 screen shot provided by Airbnb from their website shows a typical search for listings of rooms to rent, in this case in the Queens borough of New York, through Airbnb. (Airbnb / AP Photo) Published Tuesday, August 8, 2017 2:32PM EDT MONTREAL - New research suggests a small number of large commercial property owners are the most successful on Airbnb and are eating up the local supply of housing in Canada's three largest cities in the process. A team of urban planners from McGill University looked at Airbnb trends in Montreal, Vancouver and Toronto and noted a 50 per cent increase in the number of short-term rental properties year over year. Using figures from an analytics firm, lead author David Wachsmuth says his team found that 10 per cent of hosts account for the lion's share of yearly revenue in the three Canadian cities. Page 236 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... The study, which is entitled "Short-term Cities: Airbnb's Impact on Canadian Housing Markets," is to be published later today. Page 237 of 261 14.d) Correspondence received re: Short Term Rentals (Airbnb's). Domenic... Page 238 of 261 17.a) 2019-046: Being a By-Law to regulate the setting of open air fires... Page 239 of 261 17.a) 2019-046: Being a By-Law to regulate the setting of open air fires... Page 240 of 261 17.a) 2019-046: Being a By-Law to regulate the setting of open air fires... Page 241 of 261 17.a) 2019-046: Being a By-Law to regulate the setting of open air fires... Page 242 of 261 17.a) 2019-046: Being a By-Law to regulate the setting of open air fires... Page 243 of 261 17.a) 2019-046: Being a By-Law to regulate the setting of open air fires... Page 244 of 261 17.a) 2019-046: Being a By-Law to regulate the setting of open air fires... Page 245 of 261 17.a) 2019-046: Being a By-Law to regulate the setting of open air fires... Page 246 of 261 17.b) 2019-055: A By-law to amend By-law No. 2018-071 under Section 38 o... Planning Act Planning Act Planning Act Page 247 of 261 17.c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing A... Planning Act, R.S.O. 1990, Chapter P.13, as amended Page 248 of 261 17.c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing A... Page 249 of 261 17.c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing A... Page 250 of 261 17.c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing A... Page 251 of 261 17.c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing A... Page 252 of 261 17.c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing A... Ten Thousand Dollars ($10,000). Five Thousand Dollars ($5,000) Five Million Dollars ($5,000,000.00) Page 253 of 261 17.c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing A... Page 254 of 261 17.c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing A... SCHEDULE “A” Page 255 of 261 17.c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing A... SCHEDULE “B” Page 256 of 261 17.c) 2019-061: A By-law to Authorize the Execution of a Pre-Servicing A... SCHEDULE “C” Page 257 of 261 17.d) 2019-062: A By-law to amend the zoning provisions which apply to l... Page 258 of 261 17.d) 2019-062: A By-law to amend the zoning provisions which apply to l... Page 259 of 261 17.e) 2019-064: A By-law to amend By-law No. 2018-109 under Section 38 o... Planning Act Planning Act Planning Act Page 260 of 261 19.a) 2019-063: Being a by-law to confirm the proceedings of the Council... Municipal Act, 2001, S.O. 2001, C. 25, as amended Page 261 of 261