01 11 2023 Council Agenda The Township of Oro-Medonte
Council Meeting Agenda
Electronic Hybrid Meeting
T h�p Wednesday, January 11, 2023
3:00 p.m. - Open Session
Proud Heritage,Excfri"kq Future Closed Session following item 3
5:30 p.m. - Open Session
Effective Monday, March 28, 2022, all Township facilities are open to the Public with
safety measures in place. We encourage social distancing and discretionary
masks/face coverings.
Residents and business owners are encouraged to continue to utilize on
line and telephone services for Township related business; and staff continue to be
available to provide assistance by telephone or email.
Input on agenda items are welcome and encouraged.
The Township of Oro-Medonte has amended its Procedural By-law to allow for
electronic participation at Council meetings. In-person attendance at public meetings
is also available. Protocols have been established to advise how to electronically
participate in the public portions of these meetings. Please visit the following links for
additional information:
• Request for Participation Form
• Protocols for Public Participation Council and IDS Committee
All electronic Council meetings will be streamed live, where possible, on the Township
YouTube Channel. Council Agendas will continue to be published on the Civic Web
Meeting Agendas in advance of the meeting date in accordance with the Township's
Procedural By-law.
The Township of Oro-Medonte is committed to providing and maintaining a working
environment that is based on respect for the dignity and rights of everyone within the
organization and for those individuals visiting our organization.
The Township of Oro-Medonte supports and fosters an environment that is safe,
welcoming and respectful for all residents, visitors, members of Council and staff.
Page
1. Call to Order - Moment of Reflection:
Page 1 of 117
Council Meeting Agenda - January 11, 2023
The Township of Oro-Medonte acknowledges that we are situated on the
traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and
ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa
[Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee]
nations, collectively known as the Three Fires Confederacy. It continues
today as the home for diverse Indigenous Peoples including the historic
Metis Community in Penetanguishene.
The Anishnaabek people continue to have an enduring relationship with this
land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-
Council and the Williams Treaties First Nations. The Huron-Wendat Nation
also continues to pay respect and protect their ancestors and heritage on this
land. We honour the Indigenous history and culture that has thrived for
millennia in this territory and the Treaties that bind us together as partners in
the spirit of a shared sustainable and prosperous future. We are all Treaty
People. Our commitment begins with acknowledging the Truth so that we
can move forward together towards Reconciliation.
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
3. Disclosure of Pecuniary Interest:
4. Closed Session Items:
a) Motion to go In Closed Session.
b) Motion to Rise and Report.
c) Robin Dunn, CAO re: Litigation affecting the municipality (Legal Update).
d) Robin Dunn, CAO re: Personal matters about an identifiable individual
(Municipal Services Corporation).
5. Minutes of Council and Committees:
5 - 18 a) Minutes of Council meeting held on Wednesday, December 14, 2022.
19 - 22 b) Minutes of Special Council meeting held on Monday, December 19, 2022.
23 - 25 c) Minutes of Special Council meeting held on Wednesday, December 21 ,
2022.
6. Recognition of Achievements:
None.
7. Public Meetings:
None.
Page 2 of 117
Council Meeting Agenda - January 11, 2023
8. Deputations/Presentations:
26 - 36 a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment
Commander, Orillia Detachment, Ontario Provincial Police (OPP) re: Quarter
3 (July, August, September 2022) Statistic Update.
9. 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.
10. 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. Refer to Procedural By-Law No. 2017-165 for additional
information.
11. Reports of Municipal Officers for Action:
37 - 46 a) CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council &
CAO re: 2023 Conference Schedule for Council Members [from December
14, 2022 Council Meeting].
47 - 50 b) ES2023-1, Michelle Jakobi, Director, Environmental Services re: Elmvale
Groundwater Study- Letter of Intent.
51 - 53 c) CS2023-01 , Yvonne Aubichon, Clerk re: Joint Accessibility Advisory
Committee Public Representative Appointments.
12. Reports of Municipal Officers for Information Only:
54 - 69 a) DS2023-001, Derek Witlib, Acting Director, Development Services; and Nelly
Morrow, Director, Finance/Chief Financial Officer re: Bill 23 Changes &
Impacts.
70 - 73 b) CS2023-2, Yvonne Aubichon, Clerk re: Accessible Elections Report.
13. Reports of Members of Council:
a) Updates from Council Representatives — County of Simcoe and Township
Partners and Agencies.
Provides an opportunity for the Township's representatives at the County of
Simcoe, and the Council members appointed as the Township's
representatives at the Township's Partners and Agencies, to deliver updates
on the activities of the County of Simcoe and the Township's Partners and
Agencies.
14. Announcements:
Page 3 of 117
Council Meeting Agenda - January 11, 2023
15. Consent Agenda:
a) Announcements of Interest to the Public
74 - 78 b) Minutes of Lake Simcoe Region Conservation Authority meeting held on
November 25, 2022.
Staff Recommendation: Receive for Information Only.
79 - 80 c) Correspondence dated January 4, 2023 from Steve Clark, Minister, Ministry
of Municipal Affairs and Housing re: Update on Key Initiatives.
Staff Recommendation: Receive for Information Only.
81 - 113 d) Correspondence dated December 8, 2022 from Ontario Land Tribunal re:
Section 23 Request for Review, Decision and order of Member KI.R.
Andrews issues December 16, 2021, Case No. PL200165/PL200166, John
Greenwood and Ashley Gardiner, 2019-OPA-01 , 3750 Line 10 North.
Staff Recommendation: Receive for Information Only.
16. Communications/Petitions:
114 a) Correspondence dated December 20, 2022 from Ninette Gyorody, Executive
Director, Orillia Museum of Art & History (OMAH) re: Tickets Available:
Winter Gala: A Celebration of Canadian History January Event.
17. Notice of Motions:
None.
18. By-Laws:
115 - 116 a) 2023-003: A By-Law to Amend By-Law 2017-165, Being a By-law to Govern
the Proceedings of Council and Committees/Technical Support Groups of
Council in the Township of Oro-Medonte (Procedural By-law).
19. Closed Session Items (Unfinished Items):
20. Confirmation By-Law:
117 a) 2023-004: Being a by-law to confirm the proceedings of the Council meeting
held on Wednesday, January 11, 2023.
21. Adjournment:
a) Motion to Adjourn.
Page 4 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
The Township of Oro-Medonte
Council Meeting Minutes
T°,�nsh�p°f te Electronic Hybrid Meeting
Proud Heritage,Exciting Future
Wednesday, December 14, 2022 8:44 a.m.
2022-2026 Council
Present: Mayor Randy Greenlaw
Deputy Mayor Peter Lavoie
Councillor Lori Hutcheson
Councillor John Bard
Councillor David Clark
Councillor Richard Schell
Councillor Robert Young
Staff Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk;
Present: Michelle Jakobi, Director, Environmental Services; Donna Hewitt,
Director, Corporate Services; Shawn Binns, Director, Operations and
Community Services; Hugh Murray, Director, Fire & Emergency
Services/Fire Chief; Tamara Obee, Director, Human Resources; Nelly
Morrow, Director, Finance/Chief Financial Officer; Derek Witlib, Acting
Director Development Services; Catherine McCarroll, Intermediate
Planner; Jennifer Whitley, Economic Development/Communications
Advisor; Vanessa Cooper, Executive Assistant, Mayor & Council and
" CAO; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk
All Council and staff participated via Zoom platform.
Ask
1. Call to Order - Moment of Reflection:
Mayor Greenlaw assumed the Chair at the above noted time and called the meeting to order
followed by a moment of reflection.
The Township of Oro-Medonte acknowledges that we are situated on the traditional land of
the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat.
The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi
[boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It
continues today as the home for diverse Indigenous Peoples including the historic Metis
Community in Penetanguishene.
The Anishnaabek people continue to have an enduring relationship with this land, specifically
the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties
Page 1 of 14
Page 5 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
First Nations. The Huron-Wendat Nation also continues to pay respect and protect their
ancestors and heritage on this land. We honour the Indigenous history and culture that has
thrived for millennia in this territory and the Treaties that bind us together as partners in the
spirit of a shared sustainable and prosperous future. We are all Treaty People. Our
commitment begins with acknowledging the Truth so that we can move forward together
towards Reconciliation.
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
Motion No. C221214-1
Moved by Young, Seconded by Hutcheson
Be it resolved that the agenda for the Council meeting of Wednesday, December 14, 2022
be received and adopted, as amended, to withdraw Item 16a) Correspondence dated
October 29, 2022 from Eric Harkonen, Founder/President, Vetta Nordic Spa re: Request for
Amendment to Noise By-law and defer the item to the January 25, 2023 Council meeting.
Carried.
3. Disclosure of Pecuniary Interest:
None declared.
4. Closed Session Items.
11
a) Motion to go In Closed Session.
Motion No. C221214-2
IN&I 1%
Moved by Lavoie, Seconded by Young
Be it resolved that we do now go in Closed Session at 8.47 a.m. to discuss
• Robin Dunn, CAO re: Education or Training of Members; Solicitor-client privilege
(Municipal Law-Authorities under Municipal Act) [Education or training of members in
accordance with Section 239 (3.1) of the Municipal Act, 2001 , as amended].
• Robin Dunn, CAO re: Personal matters about an identifiable individual (Municipal
Services Corporation).
Carried.
Page 2 of 14
Page 6 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
b) Motion to Rise and Report.
Motion No. C221214-3
Moved by Clark, Seconded by Schell
Be it resolved that we do now Rise at 10.52 a.m. and recess until 11 .00 a.m. at which time
we shall Report on the Closed Session Items.
Carried.
Notre Dame Public School presented seasonal songs.
Motion No. C221214-4
Moved by Hutcheson, Seconded by Clark
Be it resolved that we do now go in Closed Session at 11.37 a.m. to discuss the items as
outlined on the agenda.
Carried.
Motion No. C221214-
lbAL
Moved by Bard, Seconded by Lavoie :>%%O
Be it resolved that we do now Rise at 12.54 p.m.
Carried.
Motion No. C221214-6
Moved by Schell, Seconded by Bard
Be it resolved that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-
165 be suspended in order to allow the meeting to proceed past the 4 hour adjournment
requirement. 'VF Carried.
Motion No. C221214-7
Moved by Hutcheson, Seconded by Clark
Be it resolved that we do now go in Closed Session at 12.55 p.m.
Carried.
Page 3 of 14
Page 7 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
Motion No. C221214-8
Moved by Lavoie, Seconded by Schell
Be it resolved that we do now Rise at 2:58 p.m. and Report on the Closed Session Items 4c)
and d).
Carried.
c) Robin Dunn, CAO re: Education or Training of Members; Solicitor-client privilege
(Municipal Law-Authorities under Municipal Act).
ff
The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne
Aubichon, Clerk; Michelle Jakobi, Director, Environmental Services; Donna Hewitt, Director,
Corporate Services; Shawn Binns, Director, Operations and Community Services; Hugh
Murray, Director, Fire & Emergency Services/Fire Chief; Tamara Obee, Director, Human
Resources; Nelly Morrow, Director, Finance/Chief Financial Officer; Derek Witlib, Acting
Director Development Services; Jenny Legget, Communications & Public Relations Officer
John Mascarin, Aird & Berlis LLP.
Motion No. C221214-9
Moved by Bard, Seconded by Lavoie'''
Be it resolved that the confidential correspondence and presentation presented by Robin
Dunn, CAO; and John Mascarin, Aird & Berlis LLP re: Education or Training of Members;
Solicitor-client privilege (Municipal Law-Authorities under Municipal Act) be received.
Carried.
d) Robin Dunn, CAO re: Personal matters about an identifiable individual (Municipal
Services Corporation).
The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne
Aubichon, Clerk; Michelle Jakobi, Director, Environmental Services; Donna Hewitt, Director,
Corporate Services; Jenny Legget, Communications & Public Relations Officer.
Motion No. C221214-10
Moved by Hutcheson, Seconded by Clark
Be it resolved that the confidential correspondence presented by Robin Dunn, CAO re:
Personal matters about an identifiable individual (Municipal Services Corporation) be
received and considered in conjunction with Item 11 b).
Carried.
Page 4 of 14
Page 8 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
5. Minutes of Council and Committees:
a) Minutes of Council meeting held on Wednesday, November 9, 2022.
b) Minutes of Inaugural meeting of Council held on Wednesday, December 7, 2022.
Motion No. C221214-11
Moved by Young, Seconded by Schell
Be it resolved that the draft minutes of the
a) Council meeting held on Wednesday, November 9, 2022; and
b) Inaugural meeting of Council held on Wednesday, December 7, 2022
be received and adopted as printed and circulated.
Carried.
6. Recognition of Achievements:
a) Correspondence dated November 22, 2022 from John Milton, CAO, Ontario Recreation
Facilities Inc., (ORFA) re: Grace Beaman, Facility Labourer, 2022 Award Recipient of
Doug Poulin Certificate of Achievement,
Motion No. C221214-12
Moved by Lavoie, Seconded by Hutcheson 10
Be it resolved
1. That the correspondence dated November 22, 2022 from John Milton, CAO, Ontario
Recreation Facilities Inc., (ORFA) re: Grace Beaman, Facility Labourer, 2022 Award
Recipient of Doug Poulin Certificate of Achievement be received.
2. That Grace Beaman, Facility Labourer, be recognized under the Mayor's signature.
'VF Carried.
7. Public Meetings:
None.
8. Deputations/Presentations:
None.
Page 5 of 14
Page 9 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
9. Identification From the Public of an Agenda Item of Interest:
None.
10.Open Forum:
None.
11.Reports of Municipal Officers for Action:
a) Robin Dunn, CAO re: Bill 23, More Homes Built Faster Act, 2022.
Motion No. C221214-13
Moved by Schell, Seconded by Clark Aii
Be it resolved that the verbal information presented by Robin Dunn, CAO; and Derek Witlib,
Acting Director, Development Services re: Bill 23, More Homes Built Faster Act, 2022 be
received; and that staff report back to Council on the matter.
Carried.
b) ES2022-9, Robin Dunn, CAO re: Municipal Services Corporation (MSC) Board of
Director Appointments.
Motion No. C221214-14
Moved by Hutcheson, Seconded by Lavoie
%b
Be it resolved
m� 'N
1 . That ES2022-09, Robin Dunn, CAO re: Municipal Services Corporation (MSC) Board of
Director Appointments be received and adopted.
2. That Council appoint the following three (3) independent directors for the MSC Hold Co.
& Operating Co.: Darren LeClair; John Sloan; John Skorobahacz.
3. That Council reappoint the Township of Oro-Medonte CAO to the MSC Hold Co. &
Operating Co. as the Chief Executive Officer (CEO).
4. That Council appoint the Township Director, Environment Services to the MSC
Operating Co. as the Chief Operating Officer (COO).
5. And that, Council direct staff to electronically distribute an Expression of Interest to
existing and former Council members for the remaining Municipal Member
representative on the MSC Hold Co.
6. And further that, staff collect the responses for discussion and consideration by Council
for appointment of the Municipal Member representative for the MSC Hold Co. director
position at the January 11 , 2023 meeting of Council.
Carried.
Page 6 of 14
Page 10 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
c) CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council & CAO re: 2023
Conference Schedule for Council Members.
Motion No. C221214-15
Moved by Clark, Seconded by Bard
Be it resolved
1. That CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council & CAO re. 2023
Conference Schedule for Council Members be received and adopted.
2. That Peter Lavoie be authorized to attend ROMA (Rural Ontario Municipal Association)
Conference Toronto ON January 22-24, 2023.
3. And That the Executive Assistant, Mayor and Council & CAO make the necessary
arrangements accordingly.
Carried.
d) FES2022-5, Hugh Murray, Director, Fire & Emergency Services/Fire Chief re. Fire Dispatch
Services Agreement [Refer to Item 18e)].
Motion No. C221214-16
Moved by Bard, Seconded by Lav
Be it resolved
1. That FES2022-5, Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Fire
Dispatch Services Agreement be received and adopted.
2. That the Clerk be authorized to sign the agreement.
3. That the appropriate draft by-law be brought forward for Council's consideration.
4. And that the City of Orillia's Fire Chief be notified of Council's decision under the Fire Chief's
signature.
Carried.
e) FES2022-6, Hugh Murray, Director, Fire & Emergency Services/Fire Chief re. 9-1-1 Central
Emergency Reporting Bureau (C.E.R.B.) Services Agreement [Refer to Item 18d)].
Motion No. C221214-17
4�_ in
Moved by Young, Seconded by Hutcheson
Be it resolved
1. That FES2022-6, Hugh Murray, Director, Fire & Emergency Services/Fire Chief re. 9-1-1
Central Emergency Reporting Bureau (C.E.R.B.) Services Agreement be received and
adopted.
2. That the Clerk be authorized to sign the agreement.
3. That the appropriate draft by-law be brought forward for Council's consideration.
4. And that the City of Orillia's Fire Chief be notified of Council's decision under the Fire Chief's
signature.
Carried.
Page 7 of 14
Page 11 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
f) CS2022-25, Yvonne Aubichon, Clerk; Janette Teeter, Deputy Clerk re: 2022-2026 Term of
Council, Appointment Opportunities to Township Committees/Task Forces and
Agency/Board Representation.
Motion No. C221214-18
Moved by Hutcheson, Seconded by Schell
Be it resolved
That CS2022-25, Yvonne Aubichon, Clerk and Janette Teeter, Deputy Clerk re: 2022-2026
Term of Council, Appointment Opportunities be received and adopted.
That the applicable outside agency/Board's be advised of Council's decision accordingly under
the Mayor's signature.
That David Clark be appointed to the Barrie Area Physician Recruitment Committee for the
2022-2026 term of Council.
That Lori Hutcheson (2022-2024); and
Peter Lavoie (2025-2026)
be appointed as an alternate member to the Council of the County of Simcoe during an
absence of the Mayor or Deputy Mayor for the 2022-2026 term of Council.
That the appropriate draft by-law be brought forward for Council's consideration.
That the County of Simcoe be advised of Council's decision under the Clerk's signature.
That the Township Heritage Committee be continued.
That Rick Schell be appointed, as Chair, and Lori Hutcheson be appointed, as Co-Chair, to the
Heritage Committee for the 2022-2026 term of Council.
That the Township Human Resources Committee be continued.
That Lori Hutcheson be appointed, as Chair, and David Clark be appointed, as Co-Chair, to the
Human Resources Committee for the 2022-2026 term of Council.
That the Township Internet Connectivity Task Force be continued.
That Rick Schell and Peter Lavoie be appointed to the Internet Connectivity Task Force for the
2022-2026 term of Council.
That Robert Young be appointed to the Joint Accessibility Advisory Committee for the
2022-2026 term of Council.
That Randy Greenlaw be appointed to the Lake Simcoe Region Conservation Authority for
the 2022-2026 term of Council.
That Rick Schell be appointed to the Nottawasaga Valley Conservation Authority for the
2022-2026 term of Council.
Page 8 of 14
Page 12 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
That Rick Schell be appointed to the Orillia & Area Physician Recruitment Committee for
the 2022-2026 term of Council.
That Peter Lavoie be appointed to the Orillia & Lake Country Tourism for the 2022-2026 term
of Council.
That John Bard be appointed to the Orillia District Chamber of Commerce for the 2022-2026
term of Council.
That John Bard be appointed to the Orillia Public Library Board for the 2022-2026 term of
Council. Adrr
That John Bard be appointed to the Oro-Medonte Chamber of Commerce & Tourism for the
2022-2026 term of Council.
That Lori Hutcheson be appointed to the Severn Sound Environmental Association for the
2022-2026 term of Council
That Peter Lavoie be appointed to the Top Aggregate Producing Municipalities of Ontario
for the 2022-2026 term of Council
&� 1%
That the Township Development Services Committee be continued.
That the appropriate draft by-law be brought forward for Council's consideration.
That the Township Citizen/Senior of the Year Advisory Group be continued.
That the Economic Development Roundtable be continued and that David Clark, Peter
Lavoie and Randy Greenlaw be appointed for the 2022-2026 term of Council.
Carried.
g) CS2022-26, Yvonne Aubichon, Clerk re: Procedural By-Law Update.
Motion No. C221214-19 is
Moved by Hutcheson, Seconded by Clark
Be it resolved
1 . That CS2022-26, Yvonne Aubichon, Clerk re: Procedural By-Law Update be
received and adopted.
2. That the proposed updates to the Procedural By-law. outlined in CS2022-26. be
effective immediately and the draft by-law be brought forward for Council's
consideration.
Carried.
Page 9 of 14
Page 13 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
12.Reports of Municipal Officers for Information Only:
None.
13.Reports of Members of Council:
a) Updates from Council Representatives — County of Simcoe and Township
Partners and Agencies.
The following members of Council provided updates: Mayor Greenlaw; Deputy
Mayor/Councillor Lavoie.
14.Announcements:
The following members of Council provided Announcements: Mayor Greenlaw; Councillor
Schell.
15.Consent Agenda:
a) Announcements of Interest to the Public:
1. Township of Oro-Medonte, Holiday Office Closure, Friday, December 23, 2022 @
12:30 p.m. to Monday, January 2, 2023; Offices to re-open on Tuesday, January 3,
2023.
b) Minutes of Lake Simcoe Region Conservation Authority meeting held on September 23,
2022.
Staff Recommendation: Receive for Information Only.
c) Nottawasaga Valley Conservation Authority re: Minutes of September 23, 2022 meeting
and Highlights of November 25, 2022 meeting.
Staff Recommendation: Receive for Information Only.
d) Minutes of Barrie Public Library Board meeting held on October 27, 2022.
Staff Recommendation: Receive for Information Only.
e) Correspondence dated November 8, 2022 from Melissa Robertson, Director of
Corporate Services and Operational Services, Orillia Public Library re: Township of Oro-
Medonte Statistics: October 2022.
Staff Recommendation: Receive for Information Only.
f) Correspondence dated November 14, 2022 from Doug Ford, Premier of Ontario re:
Letter of Congratulations.
Staff Recommendation: Receive for Information Only.
Page 10 of 14
Page 14 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
Motion No. C221214-20
Moved by Clark, Seconded by Lavoie
Be it resolved that the staff recommendations with respect to the items listed under "Consent
Agenda Correspondence" be adopted as printed:
a) Announcements of Interest to the Public:
1. Township of Oro-Medonte, Holiday Office Closure, Friday, December 23, 2022 @
12:30 p.m. to Monday, January 2, 2023; Offices to re-open on Tuesday, January 3,
2023.
b) Minutes of Lake Simcoe Region Conservation Authority meeting held on September 23,
2022. 'X
Received for Information Only. Ar
c) Nottawasaga Valley Conservation Authority re: Minutes of September 23, 2022 meeting
and Highlights of November 25, 2022 meeting.
Received for Information Only.
,.&41b., %,
d) Minutes of Barrie Public Library Board meeting held on October 27, 2022.
Received for Information Only.
AM" 7W
e) Correspondence dated November 8, 2022 from Melissa Robertson, Director of Corporate
Services and Operational Services, Orillia Public Library re: Township of Oro-Medonte
Statistics: October 2022.
Received for Information Only%h," 1%
f) Correspondence dated November 14, 2022 from Doug Ford, Premier of Ontario re: Letter
of Congratulations.
Received for Information Only.
'X is
Carried.
16.Communications/Petitions:
a) Correspondence dated October 29, 2022 from Eric Harkonen, Founder/President, Vetta
Nordic Spa re: Request for Amendment to Noise By-law.
This item was withdrawn, upon the adoption of the agenda and to be deferred to the January
25, 2023 Council meeting
Page 11 of 14
Page 15 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
b) Correspondence dated November 14, 2022 from Melissa Carruthers, Risk Management
Official/Risk Mgmt. Inspector, Severn Sound Environmental Association (SSEA); and Bill
Thompson, Manager, Watershed Plans and Strategies, Lake Simcoe Region
Conservation Authority (LSRCA) re: Amendments to South Georgian Bay Lake Simcoe
Source Protection Plan, Notification of Consultation Pursuant to Section 34(2) and 34(3)
of the Clean Water Act 2006 and Ontario Regulation 287/07, Written Comments Due by
Monday, December 19, 2022.
Motion No. C221214-21
Moved by Young, Seconded by Hutcheson
Be it resolved 4A
1 . That the correspondence dated November 14, 2022 from Melissa Carruthers, Severn
Sound Environmental Association (SSEA); and Bill Thompson, Lake Simcoe Region
Conservation Authority (LSRCA) re: Amendments to South Georgian Bay Lake Simcoe
Source Protection Plan; Notification of Consultation Pursuant to Section 34(2) and 34(3)
of the Clean Water Act 2006 and Ontario Regulation 287/07, Written Comments due by
Monday, December 19, 2022, Request for Council Resolution be received.
2. That Council endorse the proposed amendments to the Oro-Medonte chapters of the
Severn Sound Assessment Reports, as well as the South Georgian Bay Lake Simcoe
Source Protection Plan outlined in the "Amendments to South Georgian Bay Lake
Simcoe Source Protection Plan, Notification of Consultation Pursuant to Section 34(2)
and 34(3) of the Clean Water Act 2006 and Ontario Regulation 287/07" per the
correspondence dated November 14, 2022.
3. That the SSEA be advised of Council's decision under the Director, Environmental
Services' signature.
Carried.
17.No of Motions.
None.
18.By-Laws:
a) 2022-100- A By-law to Constitute and Appoint a Development Services Committee and
to Repeal By-law 2021-051.
b) 2022-103: Being a By-Law to Appoint an Alternate Member (Bi-Annually) to the Council
of the County of Simcoe during an absence of the Mayor or Deputy Mayor and to repeal
By-Law No. 2019-014.
Page 12 of 14
Page 16 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
c) 2022-104: A By-law to Adopt an Emergency Management Program and to meet other
Requirements under the Emergency Management and Civil Protection Act and to repeal
By-Law No. 2020-083.
d) 2022-105: Being a By-law to Authorize the Execution of an Agreement for 9-1-1 Central
Emergency Reporting Bureau (C.E.R.B.) Services between the Township of Oro-
Medonte and the City of Orillia and to Repeal By-Law No. 2021-097.
e) 2022-106: Being a By-law to Authorize the Execution of an Agreement for Fire Dispatch
Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-
Law No. 2021-09.
Motion No. C221214-22
Moved by Lavoie, Seconded by Clark
Be it resolved that By-Law Nos. 2022-100, 2022-103, 2022-104, 2022-105 and 2022-106:
a) 2022-100: A By-law to Constitute and Appoint a Development Services Committee and
to Repeal By-law 2021-051.
b) 2022-103: Being a By-Law to Appoint an Alternate Member (Bi-Annually) to the Council
of the County of Simcoe during an absence of the Mayor or Deputy Mayor and to repeal
By-Law No. 2019-014. N Ndw"q% -
c) 2022-104: A By-law to Adopt an Emergency Management Program and to meet other
Requirements under the Emergency Management and Civil Protection Act and to repeal
By-Law No. 2020-083.
d) 2022-105: Being a By-law to Authorize the Execution of an Agreement for 9-1-1 Central
Emergency Reporting Bureau (C.E.R.B.) Services between the Township of Oro-Medonte
and the City of Orillia and to Repeal By-Law No. 2021-097.
e) 2022-106: Being a By-law to Authorize the Execution of an Agreement for Fire Dispatch
Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-
Law No. 2021-09
be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed
by the Mayor.
Carried.
19.Closed Session Items (Unfinished Items):
None.
Page 13 of 14
Page 17 of 117
5.a) Minutes of Council meeting held on Wednesday, December 14, 2022.
Council Meeting Minutes — Wednesday, December 14, 2022.
20.Confirmation By-Law:
a) 2022-107: Being a by-law to confirm the proceedings of the Council meeting held on
Wednesday, December 14, 2022.
Motion No. C221214-23
Moved by Bard, Seconded by Young
Be it resolved that By-Law No. 2022-107: Being a by-law to confirm the proceedings of the
Council meeting held on Wednesday, December 14, 2022 be read a first, second and third
time, passed, be engrossed by the Clerk, signed and sealed by the Mayor.
Carried.
21.Adjournment:
a) Motion to Adjourn.
Motion No. C221214-24
Moved by Clark, Seconded by Schell
Be it resolved that we do now adjourn at 3.38 p.m.
Carried.
Mayor, Randy Greenlaw Clerk, Yvonne Aubichon
Page 14 of 14
Page 18 of 117
5.b) Minutes of Special Council meeting held on Monday, December 19, 202...
The Township of Oro-Medonte
,/�}TownShipof Special Council Meeting Minutes
(w4a_ 'IMe Electronic Hybrid Meeting
Proud Heritage,Exciting Future
Monday, December 19, 2022 1:05 p.m.
2022-2026 Council
Present: Mayor Randy Greenlaw
Deputy Mayor Peter Lavoie
Councillor Lori Hutcheson
Councillor John Bard
Councillor David Clark
Councillor Richard Schell
Councillor Robert Young
Staff Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna
Present: Hewitt, Director, Corporate Services; Jenny Legget, Communications & Public
Relations Officer; Sam Flowers, Website Information Coordinator; Vanessa
Cooper, Executive Assistant, Mayor and Council & CAO; Janette Teeter,
Supervisor, Clerk's Services/Deputy Clerk; Zachary Astin, IT Help Desk
Technician (IT)
look, Ah
All Council and staff participated via Zoom platform.
1. Call to Order - Moment of Reflection*4�
Mayor Greenlaw assumed the Chair at the above noted time and called the meeting to
order. '1%" X "a%
The Township of Oro-Medonte acknowledges that we are situated on the traditional
land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the
Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we]
and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires
Confederacy. It continues today as the home for diverse Indigenous Peoples including
the historic Metis Community in Penetanguishene.
Page 1 of 4
Page 19 of 117
5.b) Minutes of Special Council meeting held on Monday, December 19, 202...
Special Council Meeting Minutes — Monday, December 19, 2022.
The Anishnaabek people continue to have an enduring relationship with this land,
specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the
Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect
and protect their ancestors and heritage on this land. We honour the Indigenous history
and culture that has thrived for millennia in this territory and the Treaties that bind us
together as partners in the spirit of a shared sustainable and prosperous future. We are
all Treaty People. Our commitment begins with acknowledging the Truth so that we can
move forward together towards Reconciliation.
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
Motion No. SC221219-1
Moved by Hutcheson, Seconded by Lavoie ''
Be it resolved that the agenda for the Special Council meeting of Monday, December 19,
2022 be received and adopted.
Carried.
3. Disclosure of Pecuniary Interest:
None declared.
4. Closed Session Items.
a) Motion to go In Closed Session.
Motion No. SC221219-2
'Rob, 1%
Moved by Clark, Seconded by Bard
Be it resolved that we do now go in Closed Session at 1.06 p.m. to discuss
• Robin Dunn, CAO; Donna Hewitt, Director, Corporate Services re: Education or Training of
Members (Orientation) [Education or training of members in accordance with Section 239
(3.1) of the Municipal Act, 2001 , as amended].
Carried.
Page 2 of 4
Page 20 of 117
5.b) Minutes of Special Council meeting held on Monday, December 19, 202...
Special Council Meeting Minutes — Monday, December 19, 2022.
b) Motion to Rise and Report.
Motion No. SC221219-3
Moved by Young, Seconded by Hutcheson
Be it resolved that we do now Rise at 3.19 p.m. and Report on the Closed Session Item 4c)
Robin Dunn, CAO; Donna Hewitt, Director, Corporate Services re: Education or Training of
Members (Orientation) [Education or training of members in accordance with Section 239
(3.1) of the Municipal Act, 2001, as amended].
Carried.
4A
c) Robin Dunn, CAO; Donna Hewitt, Director, Corporate Services re: Education or Training
of Members (Orientation) [Education or training of members in accordance with Section
239 (3.1) of the Municipal Act, 2001, as amended].
The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne
Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Jenny Legget,
Communications & Public Relations Officer; Sam Flowers, Website Information Coordinator;
Vanessa Cooper, Executive Assistant, Mayor and Council & CAO, Dana Roberts, CTV News
Barrie.
Motion No. SC221219-4
Moved by Schell, Seconded by C11111ar);0%
Be it resolved that the confidential correspondence presented by Robin Dunn, CAO; and
Donna Hewitt, Director, Corporate Services re: Education or Training of Members
(Orientation) be received.
'X N Carried.
5. Confirmation By-Law:
a) 2022-108: Being a by-law to confirm the proceedings of the Special Council meeting
held on Monday, December 19, 2022.
Motion No. SC221219-5
Moved by Lavoie, Seconded by Young
Be it resolved that By-Law No. 2022-108: Being a by-law to confirm the proceedings of the
Special Council meeting held on Monday, December 19, 2022 be read a first, second and
third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor.
Carried.
Page 3 of 4
Page 21 of 117
5.b) Minutes of Special Council meeting held on Monday, December 19, 202...
Special Council Meeting Minutes — Monday, December 19, 2022.
6. Adjournment:
a) Motion to Adjourn.
Motion No. SC221219-6
Moved by Bard, Seconded by Schell
Be it resolved that we do now adjourn at 3.20 p.m.
Carried.
Mayor, Randy Greenlaw Clerk, Yvonne Aubichon
Page 4 of 4
Page 22 of 117
5.c) Minutes of Special Council meeting held on Wednesday, December 21 , ...
The Township of Oro-Medonte
,/�}TownShipof Special Council Meeting Minutes
(w4a_ 'Ite Electronic Hybrid Meeting
Proud Heritage,Exciting Future
Wednesday, December 21, 2022 3:00 p.m.
2022-2026 Council
Present: Mayor Randy Greenlaw
Deputy Mayor Peter Lavoie
Councillor Lori Hutcheson
Councillor John Bard
Councillor David Clark
Councillor Richard Schell
Councillor Robert Young
Staff Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna
Present: Hewitt, Director, Corporate Services; Michelle Jakobi, Director,
Environmental Services; Tamara Obee, Director, Human Resources;
Jason Scharapenko, Information Technology Technician (IT)
6
All Council and staff participated via Zoom platform.
1. Call to Order - Moment of Reflection:
Mayor Greenlaw assumed the Chair at the above noted time and called the meeting to order.
The Township of Oro-Medonte acknowledges that we are situated on the traditional land of
the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat.
The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi
[boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It
continues today as the home for diverse Indigenous Peoples including the historic Metis
Community in Penetanguishene.
11001
The Anishnaabek people continue to have an enduring relationship with this land, specifically
the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties
First Nations. The Huron-Wendat Nation also continues to pay respect and protect their
ancestors and heritage on this land. We honour the Indigenous history and culture that has
thrived for millennia in this territory and the Treaties that bind us together as partners in the
spirit of a shared sustainable and prosperous future. We are all Treaty People. Our
commitment begins with acknowledging the Truth so that we can move forward together
towards Reconciliation.
Page 1 of 3
Page 23 of 117
5.c) Minutes of Special Council meeting held on Wednesday, December 21 , ...
Special Council Meeting Minutes — Wednesday, December 21, 2022.
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
Motion No. SC221221-1
Moved by Young, Seconded by Bard
Be it resolved that the agenda for the Special Council meeting of Wednesday, December 21 ,
2022 be received and adopted.
Carried.
3. Disclosure of Pecuniary Interest:
None declared.
4. Closed Session Items:
a) Motion to go In Closed Session.
Motion No. SC221221-2
Moved by Hutcheson, Seconded by Clark
Be it resolved that we do now go in Closed Session at 3.02 p.m. to discuss
• Litigation affecting the municipality/solicitor-client privilege (Zone 1 Water).
Carried.
b) Motion to Rise and Report.
Motion No. SC221221-3
Moved by Lavoie, Seconded by Young
Be it resolved that we do now Rise at 4.51 p.m. and Report on the Closed Session Item 4
c) Robin Dunn, CAO re: Litigation affecting the municipality; Solicitor-client privilege (Zone 1
Water).
Carried.
Page 2 of 3
Page 24 of 117
5.c) Minutes of Special Council meeting held on Wednesday, December 21 , ...
Special Council Meeting Minutes — Wednesday, December 21, 2022.
c) Robin Dunn, CAO re: Litigation affecting the municipality; Solicitor-client privilege (Zone
1 Water).
The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne
Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Michelle Jakobi, Director,
Environmental Services; Tamara Obee, Director, Human Resources Chris Williams; and
Brian Chung, Aird & Berlis LLP.
Motion No. SC221221-4
Moved by Clark, Seconded by Lavoie
Be it resolved that the confidential correspondence and confidential verbal information
presented by Robin Dunn, CAO, Chris Williams and Brian Chung, Aird & Berlis LLP re:
Litigation affecting the municipality; Solicitor-client privilege (Zone 1 Water) be received; and
that staff and legal counsel continue to proceed as outlined.
Carried.
5. Confirmation By-Law: No N
a) 2022-109: Being a by-law to confirm the proceedings of the Special Council meeting
held on Wednesday, December 21, 2022
Motion No. SC221221-5
Moved by Bard, Seconded by Hutcheson
Be it resolved that By-Law No. 2022-109: Being a by-law to confirm the proceedings of the
Special Council meeting held on Wednesday, December 21 , 2022 be read a first, second
and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor.
'Nk % Carried.
6. Adjournment:
a) Motion to Adjourn.
Motion No. SC221221-6`'
Moved by Lavoie, Seconded by Clark
Be it resolved that we do now adjourn at 4:55 p.m.
Carried.
Mayor, Randy Greenlaw Clerk, Yvonne Aubichon
Page 3 of 3
Page 25 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
Police Services Board Report for Oro-Medonte Township
Records Management System
July- 2022
Violent Crime
Actual July Year to Date -July 4
2021 2022 % 2021 2022 % 4
Change Change 3
Murder 0 0 -- 0 0 -- 2
R
Other Offences Causing 0 0 -- 0 0 -- 3 Z
Death a 2 -
Attempted Murder 0 0 -- 0 0 -- 1
Sexual Assault 2 0 -100.0% 11 7 -36.4% 0
Assault 4 4 0.0% 17 29 70.6% 0
Abduction 0 1 -- 0 3 -- J' a�� a°°� �pQ;
Robbery 0 1 -- 0 2 --
Other Crimes Against a 1 1 0.0% 9 19 111.1%
Person
Total 7 7 0.0% 37 6 62.2% 2021 2022
Property Crime
Actual July Year to Date -July 12
2021 2022 % 2021 2022 % 10
Change Change 8
R
Arson 0 0 -- 0 0 -- 6
Break&Enter 3 2 -33.3% 16 11 -31.2% a 4
Theft Over 4 2 -50.0% 19 19 0.0% 2
Theft Under 11 4 -63.6% 64 53 -17.2% 0 a: mat aat aJa C�`a�
Have Stolen Goods 0 1 -- 3 2 -33.3%
Fraud 4 6 50.0% 34 44 29.4%
Mischief 3 4 33.3% 14 10 -28.6%
Total 25 19 -24.0% 1 150 1 139 -7.3% 2021 2022
Drug Crime
Actual July Year to Date -July 5
Z021 2022 % 2021 2022 % 4
Change Change = 3
Possession 0 0 -- 1 0 -100.0% a 2
Trafficking 0 0 -- 1 0 -100.0% 1
Importation and 0 0 -- 0 0 -- 0
Production
Total 0 0 -- 2 0 -100.0%
Detachment: 1M -ORILLIA
Location code(s): 1M00 -ORILLIA, 1M10 - BARRIE
Area code(s): 1066 - Oro-Medonte(Old Association), 1066 - Oro-Medonte
Data source date: Report Generated by: Report Generated on:
2022/10/29 Ostertag,Ashlyn Oct 31, 2022 3:53:49 PM
PP—CSC—Operational Planning-4300
Page 26 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
Police Services Board Report for Oro-Medonte Township
Records Management System
July- 2022
Clearance Rate
Clearance Rate July Year to Date -July 80%
70%
2021 2022 Difference 2021 2022 Difference 60%
50%
Violent Crime 14.3% 71.4% 57.1% 48.6% 60.0% 11.4% 40%
30%
Property Crime 12.0% 10.5% -1.5% 14.7% 10.1% -4.6% 20%
10%
Drug Crime -- -- -- 50.0% -- -- 0%
Violent Property Total
Total (Violent, 12.5% 29.6% 17.1% 26.7% 27.7% 0.90/0 Crim... Cri... (Viole...
Property&Drug) 2021 2022
Data contained within this report is dynamic in nature and numbers will change over time as the Ontario Provincial Police
continue to investigate and solve crime.
Data Utilized
- Major Crimes
- Niche RMS All Offence Level Business Intelligence Cube
Detachment: 1M - ORILLIA
Location code(s): 1M00 - ORILLIA, 1M10 - BARRIE
Area code(s): 1066 - Oro-Medonte (Old Association), 1066 - Oro-Medonte
Data source date: Report Generated by: Report Generated on:
2022/10/29 Ostertag,Ashlyn Oct 31, 2022 3:53:49 PM
PP—CSC—Operational Planning-4300
Page 27 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
Police Services Board Report for Oro-Medonte Township
Records Management System
August- 2022
Violent Crime
Actual August Year to Date -
August 10
2021 2022 % 2021 2022 %
Change Change 8
Murder 0 0 -- 0 0 --
Other Offences Causing 0 0 -- 0 0 -- 6
Death J
Attempted Murder 01 0 -- 01 0 -- a 4
Sexual Assault 4 Z -50.0% 15 9 -40.0%
Assault 1 10 900.0% 18 39 116.7% 2
Abduction 0 0 -- 0 3 --
Robbery 1 0 -100.0% 1 2 100.0% Sexual Assault Robbery Other
Other Crimes Against a 4 3 -25.0% 13 ZZ 69.2% Assau... Crimes...
Person 2021 2022
Total 1 10 15 1 50.0%1 47 75 59.6%
Property Crime
Actual August Year to Date -
August 12
20Z1 Z022 % 2021 2022 % 10
Change Change 8
3
Arson 0 0 -- 0 0 -- u 6
a Break&Enter 6 Z -66.7% 22 13 -40.9% 4
Z
Theft Over Z 4 100.0% 21 231 9.5%
0
Theft Under 12 8 -33.3% 76 61 -19.7% er' ����J�aat
Have Stolen Goods 1 1 0.0% 4 3 -25.0% Cal
Fraud Z 5 150.0% 36 49 36.1%
Mischief Z 4 100.0% 16 14 -12.5% 2021 2022
Total 25 24 -4.0% 175 163 -6.9%
Drug Crime
Actual August Year to Date-August 2
ZOZ1 Z022 % 2021 2022 % Z
Change Change = 1
Possession 0 2 -- 1 Z 100.0% Q 1
Trafficking 0 2 -- 1 2 100.0% 0
Importation and 0 0 -- 0 0 -- 0
Production Possession Trafficking
Total 01 4 -- 2 4 100.0% ZOZ1 ZOZZ
Detachment: 1M -ORILLIA
Location code(s): 1M00 -ORILLIA, 1M10 - BARRIE
Area code(s): 1066 - Oro-Medonte(Old Association), 1066 - Oro-Medonte
Data source date: Report Generated by: Report Generated on:
2022/10/29 Ostertag, Ashlyn Oct 31, 2022 3:57:20 PM
PP—CSC—Operational Planning-4300
Page 28 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
Police Services Board Report for Oro-Medonte Township
Records Management System
August- 2022
Clearance Rate
Clearance Rate August Year to Date-August 100%
2021 2022 Difference 2021 2022 Difference 80%
60%
Violent Crime 60.0% 66.7% 6.7% 51.1% 61.3% 10.3%
40%
Property Crime 20.0% 20.8% 0.8% 15.4% 11.7% -3.8% Z0%
Drug Crime -- 100.0% -- 50.0% 100.0% 50.0% 0%
Violent Property Drug Total
Total (Violent, 31.4% 50.0% 18.6% 27.4% 31.9% 4.5% Crim... Cri... Crime (Viole...
Property&Drug) 2021 2022
Data contained within this report is dynamic in nature and numbers will change over time as the Ontario Provincial Police
continue to investigate and solve crime.
Data Utilized
- Major Crimes
- Niche RMS All Offence Level Business Intelligence Cube
Detachment: 1M -ORILLIA
Location code(s): 11100 -ORILLIA, 11110 - BARRIE
Area code(s): 1066 - Oro-Medonte(Old Association), 1066 - Oro-Medonte
Data source date: Report Generated by: Report Generated on:
2022/10/29 Ostertag, Ashlyn Oct 31, 2022 3:57:20 PM
PP—CSC—Operational Planning-4300
Page 29 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
Police Services Board Report for Oro-Medonte Township
Records Management System
September- 2022
Violent Crime
Actual September Year to Date -
September 8
2021 2022 % 2021 2022 % 7
Change Change 6
Murder 0 0 -- 0 0 --
Other Offences Causing 0 0 -- 0 0 -- i 5
Death = 4
Attempted Murder 0 0 -- 0 0 -- a 3
Sexual Assault 1 1 0.0% 16 10 -37.5% 2
Assault 8 1 -87.5% 26 401 53.8% 1
Abduction 0 0 -- 0 3 --
- 00
Robbery 0 0 -- 1 2 100.0% 0
Sexual Assault Other
Other Crimes Against a 0 2 -- 13 24 84.6% Assau... Crimes...
Person 2021 ■ 2022
Total 9 4 -55.6% 56 79 41.1%
Property Crime
Actual September Year to Date -
September 12
2021 2022 % 2021 2022 % 10
Change Change _ 8
Arson 0 0 -- 0 0
6
Break&Enter 0 0 -- 22 13 -40.9% a 4
Theft Over 5 4 -20.0% 26 27 3.8%
Theft Under 11 4 -63.6% 87 65 -25.3% 2
Have Stolen Goods 0 0 -- 4 3 -25.00o 0 Theft Theft Fraud Mischief
Fraud 4 9 125.0% 40 58 45.0% Over Under
Mischief 1 2 100.0% 17 16 -5.9% 2021 2022
Total 21 19 -9.5% 196 182 -7.1%
Drug Crime
Actual September Year to Date -
September 1
2021 2022 % 2021 2022 % 1
Change Change = 1
Possession 1 0 -100.00/0 2 2 0.00% Q 0
Trafficking 0 0 -- 1 2 100.0% 0
0
16
Importation and 0 0 -- 0 0 -- Possession
Production 2021 2022
Total 1 11 0 1-100.0%1 3 4
Detachment: 1M - ORILLIA
Location code(s): 1M00 - ORILLIA, 1M10 - BARRIE
Area code(s): 1066 - Oro-Medonte(Old Association), 1066 - Oro-Medonte
Data source date: Report Generated by: Report Generated on:
2022/10/29 Ostertag,Ashlyn Oct 31, 2022 3:55:12 PM
PP—CSC—Operational Planning-4300
Page 30 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
Police Services Board Report for Oro-Medonte Township
Records Management System
September- 2022
Clearance Rate
Clearance Rate September Year to Date - September
100%
2021 2022 Difference 2021 2022 Difference 80% —
60%
Violent Crime 77.8% 25.0% -52.8% 55.4% 59.5% 4.1%
40%
Property Crime 0.0% 5.3% 5.3% 13.8% 11.0% -2.8% 20%
Drug Crime 100.0% -- -- 66.7% 100.0% 33.3% 0%
Violent Property Drug Total
Total (Violent, 28.1% 8.7% -19.4% 27.5% 30.0% 2.4% Crim... Cri... Crime (Viole...
Property&Drug) 2021 2022
Data contained within this report is dynamic in nature and numbers will change over time as the Ontario Provincial Police
continue to investigate and solve crime.
Data Utilized
- Major Crimes
- Niche RMS All Offence Level Business Intelligence Cube
Detachment: 1M - ORILLIA
Location code(s): 1M00 - ORILLIA, 1M10 - BARRIE
Area code(s): 1066 - Oro-Medonte(Old Association), 1066 - Oro-Medonte
Data source date: Report Generated by: Report Generated on:
2022/10/29 Ostertag,Ashlyn Oct 31, 2022 3:55:12 PM
PP—CSC—Operational Planning-4300
Page 31 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
Police Services Board Report for Oro-Medonte Township
Records Management System
July to September- 2022
Violent Crime
Actual July to September Year to Date -
September 16
ZOZ1 ZOZZ % 2021 ZOZZ % 14
Change Change iZ
Murder 0 0 -- 0 0 -- 10
3
Other Offences Causing 0 0 -- 0 0 -- J 8
Death 1
a 6
Attempted Murder 0 0 -- 0 0 -- 4
Sexual Assault 7 3 -57.1% 16 10 -37.5% Z -
Assault 13 15 15.4% 26 40 53.8% 0 S�� oC, to
Abduction 0 1 -- 0 3 --
Robbery 1 1 0.0% 1 Z 100.0%
Other Crimes Against a 5 6 20.0% 13 24 84.6%
Person 2021 ZOZZ
Total 26 26 0.00/0 56 79 41.1%
Property Crime
Actual July to September Year to Date -
September 35
ZOZ1 ZOZZ % 2021 ZOZZ % 30
Change Change = Z0
Arson 0 0 -- 0 0 -- a 15
Break&Enter 9 4 -55.6% ZZ 13 -40.9% 10
Theft Over 11 10 -9.1% 26 27 3.8% 5
0
Theft Under 34 16 -52.9% 87 65 -25.3% J�aat\a� ��a�a a'
Have Stolen Goods 1 Z 100.0% 4 3 -25.0% q��' �a� a �-0
Fraud 10 ZO 100.0% 40 58 45.0% ��a21
Mischief 6 10 66.7% 17 16 -5.9% 2021 ZOZZ
Total 71 62 -12.7% 196 182 -7.1%
Drug Crime
Actual July to September Year to Date-
September Z
ZOZ1 ZOZZ % 2021 ZOZZ % Z
Change Change = 1
v1
Possession 1 Z 100.0% Z Z 0.0% a
Trafficking 0 Z -- 1 Z 100.0% 0
0
Importation and 0 0 -- 0 0 -- Possession Trafficking
Production 2021 ZOZZ
Total 1 4 300.0% 3 4 33.3%
Detachment: 1M -ORILLIA
Location code(s): 1M00 -ORILLIA, 1M10 - BARRIE
Area code(s): 1066 -Oro-Medonte(Old Association), 1066 -Oro-Medonte
Data source date: Report Generated by: Report Generated on:
2022/10/29 Ostertag,Ashlyn Oct 31, ZOZZ 3:51:46 PM
PP-CSC-Operational Planning-4300
Page 32 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
Police Services Board Report for Oro-Medonte Township
Records Management System
July to September- 2022
Clearance Rate
Clearance Rate July to September Year to Date - September 100%
2021 2022 Difference 2021 2022 Difference 80%
60%
Violent Crime 53.8% 61.5% 7.7% 55.4% 59.5% 4.1%
40%
Property Crime 11.3% 12.9% 1.6% 13.8% 11.0% -2.8% 20%
Drug Crime 100.0% 100.0% 0.0% 66.7% 100.0% 33.3% 0%
Violent Property Drug Total
Total (Violent, 24.2% 34.7% 10.4% 27.5% 30.0% 2.4% Crim... Cri... Crime (Viole...
Property&Drug) 2021 2022
Data contained within this report is dynamic in nature and numbers will change over time as the Ontario Provincial Police
continue to investigate and solve crime.
Data Utilized
- Major Crimes
- Niche RMS All Offence Level Business Intelligence Cube
Detachment: 1M - ORILLIA
Location code(s): 1M00 - ORILLIA, 1M10 - BARRIE
Area code(s): 1066 - Oro-Medonte (Old Association), 1066 - Oro-Medonte
Data source date: Report Generated by: Report Generated on:
2022/10/29 Ostertag,Ashlyn Oct 31, 2022 3:51:46 PM
PP—CSC—Operational Planning-4300
Page 33 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
• •R VEHICLE CAUSAL FACTORS
Q3—July, August, September 12022 vs. 2021
Orillia Detachment I Oro-Meclonte Township
Orillia Detachment
Orillia Detachment
2021 2022 %Change
Quarter 3-MVC's
July-September
Non-Fatal Personal
Injury 41 43 4.88%
Property Damage 363 389 7.16%
Fatal Injury 1 3 200.00%
Orillia Detachment 2022 Quarter 3-MVC's
Top 4 Primary Factors July-September
2022
Fatal Non-Fatal Personal Injury Property Damage
Inattentive driver 1 Lost control 6 Following too closely 7
4
Failed to yield right of way 1 Pedestrian 4 Failed to yield right of way 4
5
Unknown 1 Improper turn 4 Unknown 4
5
Unknown 4 Other 3
9
Orillia Detachment 2021 Quarter 3-MVC's
Top 4 Primary Factors July-September
2021
Fatal Non-Fatal Personal Injury Property Damage
Disobeyed Traffic Control 1 Failed to yield right of way 9 Following too closely 6
2
Ability Impaired—Alcohol 4 Failed to yield right of way 4
1
Lost control 4 Unknown 3
6
Speed—excessive 3 Inattentive driver 3
5
Following too closely 3
Improper lane change 3
DATA SOURCED:OCTOBER 16,2022 ECRS i
Page 34 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
• •R VEHICLE CAUSAL FACTORS
Q3—July, August, September 12022 vs. 2021
Orillia Detachment I Oro-Medonte Township
Oro-Medonte Township
2022 2021
Q3 - Oro-Medonte
2022 Oro-Medonte Township 2021 Oro-Medonte Township
Quarter 3 Quarter 3
MVC Primary Factors MVC Primaty Factors
Fatal In'u Non-Fatal Injury
Failed to yield right of way 1 Failed to yield right of way 2
Unknown 1 Following too closely 2
Non-Fatal Injury Speed --excessive 1
Failed to yield right of way 2 Speed --too fast for conditions 1
Inattentive driver 2 Unknown 1
Improper turn 2 Property Damage
Following too closely 1 Inattentive driver 9
Animal -Wild or Domestic 1 Animal -Wild or Domestic 5
Ability Impaired Alcohol 1 Failed to yield right of way 4
Property Damage Disobeyed traffic control 3
Following too closely 6 Improper passing 3
Failed to yield right of way 5 Improper turn 3
Speed --too fast for conditions 4 Lost control 3
Lost control 4 Other 3
Inattentive driver 3 Following too closely 2
Unknown 3 Unknown 2
Animal -Wild or Domestic 2 Ability Impaired Alcohol 1
Other 2 Debris on roadway 1
Ability Impaired Alcohol 1 Driver fatigue 1
Fail to share 1 Improper lane change 1
Speed --excessive 1
Driver fatigue 1
Medical/Physical disability for driver 1
DATA SOURCED:OCTOBER 16,2022 1 ECRS 2
Page 35 of 117
8.a) 5.30 p.m. Presentation by Inspector Coyer Yateman, Detachment Comma...
• •R VEHICLE CAUSAL FACTORS
Q3—July, August, September 1 2022 vs. 2021
Orillia Detachment I Oro-Medonte Township
Oro-Medonte Township
2022 2021
Q3 - Oro-Medonte
2022 Oro-Medonte Township 2021 Oro-Medonte Township
Quarter 3 Quarter 3
M/C Primary Factors M/C Primary Factors
Fatal In'u Non-Fatal Injury
Failed to yield right of way 1 Failed to yield right of way 2
Unknown 1 Following too close) 2
Non-Fatal Injury Property Damage
Failed to yield right of way 2 Inattentive driver 9
Inattentive driver 2 Animal -Wild or Domestic 5
Improper turn 2 Failed to yield right of way 4
Property Damage
Following too closely 6
Failed to yield right of way 5
Speed --too fast for conditions 4
Lost control 4
DATA SOURCED:OCTOBER 16,2022 ECRS 3
Page 36 of 117
11 .a) CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council ...
Township of
R 0
Report
Proud Heritage, Exciting Future
Report No. To: Prepared By:
CS2022-24 Council Vanessa Cooper,
Executive Assistant,
Mayor and Council &
CAO
Meeting Date: Subject: Motion #
December 14, 2022 2023 Conference Schedule for
Council Members
Roll #: R.M.S. File #:
Recommendation(s): Requires Action For Information Only
It is recommended:
1 . That Report No. CS2022-24 be received;
2. That be authorized to attend ROMA (Rural Ontario Municipal
Association) Conference Toronto ON January 22-24, 2023;
3. That be authorized to attend OGRA (Ontario Good Roads
Association) Conference Toronto ON April 16-April 19, 2023;
4. That be authorized to attend OSUM (Ontario Small Urban
Municipalities) Brant County ON April 24- April 26, 2023
5. That be authorized to attend AMO (Association of
Municipalities of Ontario) London ON August 20- August 23, 2023;
6. That be authorized to attend FCM (Federation of Canadian
Municipalities) Toronto ON- May 25- May 28, 2023;
7. And That the Executive Assistant, Mayor and Council & CAO make the
necessary arrangements accordingly.
Background:
Each year, members of Council may, by resolution of Council, attend conferences that
educate and inform municipal representatives on items such as amendments to existing
legislation, new legislation, policies and procedures related to municipal government, as
well as providing Council members with the opportunity to connect with and share ideas
with other municipal partners.
Corporate Services December 14, 2022
Report No. CS2022-24 Pagel of 3
Page 37 of 117
11 .a) CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council ...
Conference registration fees and other associated costs are deducted from the
Constituent Support and Professional Development (CSPD) budget allocation, as per
the Remuneration and Expenses for Members of Council By-law 2020-010 attached as
Appendix A.
Councillors may elect to attend and use their (CSPD) allocation for the costs associated
with the conference. Per diems would require a resolution of Council.
Analysis:
Conferences are back to in-person forums as opposed to the virtual platforms offered
during the pandemic. Fees related to conference registration for ROMA and OGRA are
outlined in Appendix B. Fees for the other conferences are still to be determined.
Food and accommodation costs are in addition to conference registration fees.
Below is a list of Conferences for 2023:
• ROMA (Rural Ontario Municipal Association) Toronto ON- January 22-24, 2023
https://www.roma.on.ca/ ;
• OGRA (Ontario Good Roads Association) Toronto ON- April 16-19, 2023
https://goodroads.ca/ ;
• OSUM (Ontario Small Urban Municipalities) Brant County ON —April 24-26, 2023
Registration costs to be determined https://www.osum.ca/ ;
• AMO (Association of Municipalities of Ontario) London ON- August 20-23, 2023 -
registration costs to be determined .https://www.amo.on.ca/ ;
• FCM (Federation of Canadian Municipalities) Toronto ON- May 25-28, 2023 -
registration costs to be determined https://fcm.ca/en .
Financial / Legal Implications / Risk Management:
By-Law 2020-010 Remuneration and Expenses for Members of Council
Section 5.5 Attendance at conferences, conventions and seminars as authorized by
resolution of Council.
Conference fees will be deducted from Councillor's remuneration allotment.
Policies/Legislation:
Remuneration and Expenses for Council Members By-law 2020-010
Corporate Strategic Goals:
Prepare for our Future
Corporate Services December 14, 2022
Report No. CS2022-24 Page 2 of 3
Page 38 of 117
11 .a) CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council ...
Consultations:
Clerk
Attachments:
Appendix A: Remuneration and Expenses for Council Members By-law 2020-010
Appendix B: ROMA and OGRA Registration Costs
Conclusion:
In conclusion, staff respectfully present the proposed 2023 conference schedule, related
approval process and allocation of associated costs for Council's information.
Respectfully submitted:
Vanessa Cooper
Executive Assistant, Mayor and Council & CAO
Approval: Date:
Donna Hewitt, Director Corporate Services November 28, 2022
Robin Dunn, CAO December 7, 2022
Corporate Services December 14, 2022
Report No. CS2022-24 Page 3 of 3
Page 39 of 117
rt
11 .a) CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council ...
The Corporation of the Township of Oro-Medonte
By-law No.2020-010
A By-law to Provide for Remuneration and Expenses for
Members of Council and Council's Appointees to Local Boards
and Committees/Technical Support Groups,
and Expenses for Employees,
and to Repeal By-law Nos.2019-005 and 2019.099
(Remuneration and Expenses By-law)
Whereas Section 283(1) of the Municipal Act,2001, 5.0.2001, c.25,as amended,
provides that a municipality may pay any part of the remuneration and expenses of the
members of any local board of the municipality and of the officers and employees of the
local board.
And Whereas Section 283(2)of the Municipal Act,2001, S.O.2001, c.25, as
amended, provides that, despite any Act,a municipality may only pay the expenses of
the members of its council or of a local board of the municipality and of the officers and
employees of the municipality or local board if the expenses are of those persons in
their capacity as members, officers or employees and'rf,
(a)the expenses are actually incurred;or
(b)the expenses are, in lieu of the expenses actually incurred,a rjasonable estimate, in
the opinion of the council or local board,of the actual expenses That would be
incurred. I h
And Whereas Section 283(7) of the Municipal Act,2009, S.0
.20c.25,as
amended, provides that,on or after December 1,2003,a council I review a by-law
C under subsection(5)at a public meeting at least once during the four-year period
corresponding to the term of office of its members after a regular election.
And Whereas Council deems it expedient to pass a By-law to provide for the
remuneration and expenses of Members.of Council and Council's Appointees to Local
Boards and Committees/Technical Support Groups and for expenses for employees;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That Schedules"A", "B"and"C"attached hereto form part of this By-law.
2. That By-Law Nos. 2019-005 and 2019-099 are hereby repealed.
3. This by-law shall take effect on January 1,2020.
By-law read a First,Second and Third time,and Passed this 13tt' day of March,
2020.
The Corporation of the Township of Ora-Medonte
Mayor,H.S. ghes
Deo'sity Clerk,Janette Teeter
Page 40 of 117
11 .a) CS2O22-24, Vanessa Cooper, Executive Assistant, Mayor and Council ...
r
Schedule"A"
to By-law No.2020.010
Remuneration of Council Members
1. The annual remuneration for Members of Council for 2020 shall be:
Mayor $48,819
Deputy Mayor $32,299
Councillors $26,310
2. That the annual remuneration for Members of Council shall be the cost of living
adjustment provided to bargaining unit excluded staff for the current year,
3. Members of Council shall receive, in addition to their annual remuneration,per diem
payments as follows:
$ 80.00 for each half day or evening meeting
• $ 160.00 for each full day meeting
Where a Member of Council attends multiple meetings on the same day,which are
eligible for per diem payments,the Member of Council shall be entitled to a single
per diem not to exceed the full day meeting per,diem identified above.
4. The per diem stipulated in Section 3 shall exclude the following:
4.1 Attendance pt regularly scheduled Council/Council Committee Meetings,as
defined in Regular Meeting Schedule of the Procedural By law
4.1.1 Regularly scheduled Council/Council Committee Meetings include:
1) Cn' ` it Meetings
ii) De opment Services
C 4.2 Attendance at a function for the purpose of presenting Congratulatory
Certificates on behalf of the Township;and
4.3 Attendance at special functions/events where the Township has purchased a
ticket for the Member,such as Awards Dinners,etc.
5. The per diem stipulated in Section 3 shall apply to the following:
5.1 Attendance at Special meetings of Council,as defined in the Procedural By-law;
5.2 Attendance at Orientation Sessions as defined as education and training as
organized by the Corporation for the purpose of on barding new members of
Council subsequent to swearing of oaths or by resolution of Council;
5.3 Attendance at Public Meetings/Public Information Sessions, as defined in the
Procedural By-law,when such meetings are conducted as a separate meeting
on a designated day;
5.4 Attendance at meetings of Committees, local boards,or special Ad-Hoc
committees to which the Member of Council has been appointed by resolution of .
Council, unless specified otherwise in a resolution of Council. No per diem or
mileage shall be provided where the appointed member receives compensation
from the external body.
5.4.1 Committees and local boards include:
i) Joint Accessibility Advisory Committee
ii) Heritage Committee
iii) Human Resources Committee
iv) Barrie Area Physician Recruitment
v) County Council Alternate
vi) Lake Simcoe Region Conservation Authority
vii) Lake Simcoe Region Airport
Ail) Nottawasaga Valley Conservation Authority
Page 41 of 117
r�
11 .a) CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council ...
ix) Orillfa&Area Physician Recruitment
x) Orillia Chamber of Commerce
A) Oro-Medonte Chamber of Commerce
xii) Severn Sound Environmental Association
xiii)Sustainable Sevem Sound
xiv)Top Aggregate Producing Municipalities of Ontario
xv) Orillia Public Library Board
5.5 Attendance at conferences,conventions and seminars as authorized by
resolution of Council;
5.6 Attendance by the Mayor,and/or his/her designate(s) including the Mayor in
his/her capacity as ex-officlo,and/or his/her designate(s), in an ex-off icio
capacity and Members of Council,at meetings required for a specific purpose
relative to municipal business and at business functions as representatives of
the Municipality, as authorized by resolution of Council.
I
C
Page 42 of 117
11 .a) CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council ...
Schedule"B"
to By-law No.2020-010
Remuneration of Public Members of Local Boards&Committees
1. The Public Members of the:
• Heritage Committee
• Property Standards Committee;
shall receive per diem payments as follows:
•$ 80.00 for each half day or evening meeting;
•$ 160.00 for each full day meeting.
2.- The Public Members of the:
• Fence-Viewers
shall receive per diem payments as follows:
•$ 80.00.
3. The per diem stipulated in Sections 1 and 2 of this Schedule shall apply to the
following: k ;i
3.1. Attendance at meetings of the local board or oo smittee;
3.2. Attendance at conferences,conventions and s' mars as authorized by
resolution of Council;
C3.3. Attendance at meetings required for a specific purpose relative to municipal
business and authorized by resolution of Council.
4. The above per dlems, including per-kilometer payments,shall be paid on a semi-
annual basis, upon submission of a statement approved by the respective Senior
Manager.
Page 43 of 117
11 .a) CS2O22-24, Vanessa Cooper, Executive Assistant, Mayor and Council ...
Schedule"C"
to By-law No.2020-010
Expenses for Members of Council, Council's Appointees to Local Boards and
Committees/Technical Support Groups and Employees
1. Per Kilometer Payments
1.1 Effective January 1,2020,the municipality shall compensate Members of
Council, Council's Appointees to Local Boards&Committees/Technical
Support Groups and Employees at the Township approved per kilometer rate
for the use of non township owned vehicles.
1.1.1 That the per kilometer rate will be adjusted on January 1st each year
to the Canada Revenue Agency(CRA) rate for Ontario.
1.2 Members of Council shall receive a per-kilometer payment as outlined further
in this section:
1.2.1 Members of Council shall receive a per-kilometer payment for travel
from their residence a d back to attend meetings,conferences,
conventions and seminars stipulated in Section 3 of Schedule"C",
upon submission of Meeting and Mileage Expense Statements.
1.3 Per kilometer payments as defined in this section will be charged against the
tllvidual Council Members'annual Constituent Support and Professional
Development(CSPD)allocation as outlined in Section 4 of Schedule"C".
1.4 bers of local boards&committees shall receive a per-kilometer
ment for travel from their residence and back to attend meetings,
conferences,conventions and seminars stipulated in Section 3 of Schedule
C "B"•
1.5 Township employees shall receive a per-kilometer payment for each
kilometer driven in a non-township owned vehicle while on Township
business.
2. Luncheon&Dinner Meetings
2.1 The municipality shall be responsible for the cost of Council or Committee
luncheon/dinner meetings when such meetings are called by Council or the
Committee concerned.
2.2 Council members and Senior Staff shall have the discretion to Invite visitors
for lunch or dinner in connection with Township business and such expense
shall be borne by the Township.
3. Conferences, Conventions, Seminars and Meetings
Attendance at conferences,conventions,seminars and meetings for Members of
Council shall be pre-authorized by Council resolution or in accordance with
Township policy.
3.1 The following expenses shall be paid upon submission of receipts:
1) Hotel/Motel accommodation -actual cost
ii) Parking -actual cost
iii) Registration -actual cost
iv) Meals and incidental expenses -actual cost
3.2 Costs associated with conferences, conventions, seminars and meetings will
be charged against the individual Council Members'annual Constituent
Support and Professional Development(CSPD) allowance as outlined in
Section 4 of Schedule C.
Page 44 of 117
11 .a) CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council ...
4. Council Expense Allocation: The approved annual budget will include an annual
allowance of$6,600 for the Mayor and$5,600 for each Member of Council to cover
rthe cost of Constituent Support and Professional Development(CSPD) expenses.
4.1 Eligible expenses include but are not limited to:
i) Conferences and seminars as defined in Section 3 of Schedule"C"
ii) Promotional material related to Township Business
iii) Monthly internet plan
iv) Subscriptions related to Township Business or municipalities in general
v) Parking related expenses save and except parking fines.
vf) Expenses related to Constituent&ward meetings
vii) Social Events and Banquets
viii) Mileage Reimbursement as defined in Section 1 of Schedule"C".
4.2 Ineligible expenses include but are not limited to:
i) Additional accommodation for days outside of a formal Conference
and/or seminar
ii) Alcohol and alcoholic beverages
iii) Companion registration fees and expenses at Conferences
iv) Personal entertainment(e.g.sight-seeing, concerts, sporting events,etc.)
v) Personal services(e.g.shoe shine,valet service,spa treatments, etc.)
A) Personal vehicle costs beyond mileage(e.g. maintenance, repair, etc.)
vii)Traffic and parking fines
4.3 Corporate promotional items:Township pins,flags and other Township
promotion items may be made available from time to time to Council
Members,for distribution to the public and service clubs.The associated
costs will be charged against the individual Council Members'annual CSPD
allowance.
4.4 Expenses shall be paid upon submission of the Expense Statements withil
C receipts on a monthly basis.
4.5 A recap of expenses relating to the annual allowance will be prepared
quarterly,distributed to Members for information and posted on the
Township website annually.
4.6 Costs exceeding the annual CSPD allowance shall be borne by the
individual Council Member except where authorized by Council Resolution.
5. Expense Statements
5.1 Statements for expenses shall be submitted in a form determined by the
Township.
6. Mobile Devices
6.1 The municipality shall be responsible for the issuance of Mobile devices and
related monthly plan costs in accordance with the current information
technology mobile device policy.While engaged in Municipal business,
Council Members shall arrange an appropriate out of country mobile device
plan in order to avoid excessive roaming charges.
Page 45 of 117
11 .a) CS2022-24, Vanessa Cooper, Executive Assistant, Mayor and Council ...
2023 Conference Registration Fees
ROMA (Rural Ontario Municipal Association)
Registration Type Member Cost
Early Bird Regular
Before After
Nov 18, 2022 Nov 18, 2022
Full Conference $565.00 $615.00
Sunday $205.00 $250.00
Monday $310.00 $400.00
Tuesday $205.00 $250.00
*Onsite Registration
Full Conference $670.00
Sunday- *Onsite $300.00
Monday- *Onsite $450.00
Tuesday- *Onsite $300.00
*Onsite- purchasing registration onsite, at the conference
OGRA (Ontario Good Roads Association)
Member Cost
Registration Type Early Bird Regular After
Before Feb Feb 17, 2023
17, 2023
A Full Registration $825.00 $875.00
B Monday Only $470.00 $500.00
C Tuesday Only $470.00 $500.00
D Half Day Wednesday $235.00 1 $255.00
Page 46 of 117
11 .b) ES2023-1 , Michelle Jakobi, Director, Environmental Services re: EI...
Township of
Report
t.f
Proud Heritage, Exciting Future
Report No. To: Prepared By:
ES2023-01 Council Michelle Jakobi
Meeting Date: Subject: Motion #
January 11, 2023
Elmvale Groundwater Study-
Roll #: Letter of Intent R.M.S. File #:
Recommendation(s): Requires Action For Information Only
It is recommended:
1. That Report No. ES2023-01 Elmvale Groundwater Study - Letter of Intent be
received.
2. That the Director, Environmental Services be authorized to execute a Letter of
Intent with the University of Alberta to support their application to NSERC
(National Sciences and Engineering Research Council of Canada), Alliance
Grant platform for the Elmvale Groundwater Study.
3. That Environmental Services staff report back to Council with annual project
updates, should the project proceed.
Background:
On September 14, 2022, Dr. Michael Powell and Dr. William Shotyk, on behalf of the
University of Alberta Department of Renewable Resources, presented a deputation to
Council related to a possible partnership between the Township of Oro-Medonte and a
Novel Groundwater Project to Understand the Quality of Spring Water in North Simcoe
County (i.e. the Elmvale Groundwater Study). The proposed 5-year project has been
designed to understand the quality of the groundwaters of Huronia through an
integrated scientific approach.
Upon receipt of the presentation and associated discussion in open session, Council
under Motion No. C220914-10, resolved that a Municipal partnership with the project,
as referred to in the presentation be supported, in principle, pending budget implications
and that the Director, Environmental Services report back to Council on the parameters
of any partnership including the role the Township would play.
Environmental Services January 11,2023
Report No. ES2023-01 Pagel of 4
Page 47 of 117
11 .b) ES2023-1 , Michelle Jakobi, Director, Environmental Services re: EI...
Analysis:
Following the September 14, 2022 presentation the Executive Director of the Severn
Sound Environmental Association (SSEA) proactively reached out to Township Staff to
advise of their knowledge of the project and associated position on the matter. The
(SSEA) is a Joint Municipal Services Board under the Municipal Act and provides
support to federal and provincial agencies and eight local municipalities (Midland,
Penetanguishene, Tiny, Tay, Springwater, Oro-Medonte, Georgian Bay and Severn).
The SSEA is also one of the local Source Protection Authorities in the area and serves
as the Source Water Protection Risk Management office for the Township of Oro-
Medonte.
We understand from the project lead and through a follow up conversation with SSEA,
that on August 26, 2022, the Township of Tiny signed a Letter of Intent to partner with
the referenced groundwater project with an in-kind contribution. Likewise, on October
28, 2022, Severn Sound Environmental Association (SSEA) also confirmed their intent
to partner with the project and collaborate through in-kind resources.
On December 5, 2022, the Director, Environmental Services virtually met with Dr.
Michael Powell and Dr. William Shotyk to better understand the project and potential
partnership.
Based on the project discussions to date, Environmental Services staff believe there is
merit to a partnership for this project. Specifically,
Proiect Benefits:
• Enhanced data and understanding of groundwater movement and chemistry in
the Township which could be used for operational, policy and decision making.
• Access to hydrogeological expertise to assist with general area groundwater data
analysis, planning and ultimately municipal drinking water operations.
• Connection with various other federal and provincial agencies to assist in
enhancing current regulations and decision making as it relates to permits to take
water (PTTW) and drinking water quality standards.
• Access to expanded education and outreach on local groundwater for the public
and residents of the Township.
Likewise, given the historical compliance requirements associated with the provision of
potable municipal groundwater, staff believe the Township can provide valuable project
contributions. Namely,
Township of Oro-Medonte Potential Contributions:
• Input to project design to ensure locally valuable, unbiased, data-driven
outcomes are achieved.
• Input to future policy recommendations based on project findings given local
knowledge, historical data and drinking water expertise.
Environmental Services January 11,2023
Report No. ES2023-01 Page 2 of 4
Page 48 of 117
11 .b) ES2023-1 , Michelle Jakobi, Director, Environmental Services re. EI...
• Provision of historical groundwater quality and quantity data to support the wider
geographic area and potentially expanded project area.
Finally, as discussed at length with the project leads, participation in the project should
also yield the Township with valuable technical information as identified in discussion of
project benefits. As a project partner, staff have discussed the following desirable
outcomes with the project leads.
Township of Oro-Medonte Desired Proiect Outcomes:
• Reporting of project parameters specifically relevant to drinking water e.g.,
bacteria, nitrate, chloride and sodium.
• Assurance that potential groundwater impacts from all sources will be considered
(i.e., existing known threats as well as all land uses including permit to take
water, wells, septic systems etc.) ensuring there is no bias or pre-determined
conclusion to the research.
• Annual project update from the project leads; including status of
accomplishments to date, future plans, project adjustments (technical and
funding).
• Provision of any educational material to support public education and outreach.
• Provision of any hydrogeological monitoring, mapping, and 3D modelling in the
Township.
Financial / Legal Implications / Risk Management:
The project is projected to be funded through NSERC (National Sciences and
Engineering Research Council of Canada); specifically, the Alliance Grant platform
which encourage university researchers to collaborate with partner organizations, which
can be from the private, public or not-for-profit sectors. As such, the project lead has
requested in-kind contribution only- no cash contribution.
In-kind support from the Township of Oro-Medonte is envisioned to predominantly
include the provision of publically available municipal drinking water quality data (source
groundwater) and related municipal water taking data. At this stage, it is estimated that
costs will be $2500-$3000 per year at the upper limit and solely related to staff time to
provide the data, attend virtual meetings and general project participation.
SSEA has confirmed that their partnership with this project is within their existing 2023
budget allocation and that no additional costs for project participation will be assigned to
Oro-Medonte. Furthermore, SSEA would continue to provide a central point of science
expertise, information and contact to the project, representing all eight member
municipalities, including Oro-Medonte.
Environmental Services January 11,2023
Report No. ES2023-01 Page 3 of 4
Page 49 of 117
11 .b) ES2023-1 , Michelle Jakobi, Director, Environmental Services re. EI...
Policies/Legislation:
None
Corporate Strategic Goals:
Prepare for our Future
Foster Safe and Inclusive Community Living & Business Growth
Modernize Township Services
Support our Workforce
Consultations:
Environmental Services Staff
Severn Sound Environmental Association (SSEA) - Julie Cayley, Executive Director
Attachments:
None
Conclusion:
It is recommended that the Director, Environmental Services be authorized to execute a
Letter of Intent with the University of Alberta to support their application to NSERC
(National Sciences and Engineering Research Council of Canada) Alliance Grant
platform for the Elmvale Groundwater Study.
Environmental Services staff will report back to Council with annual project updates
and/or significant project findings, should the project proceed.
Respectfully submitted:
Michelle Jakobi, B.E.S., C.E.T.
Director, Environmental Services
Approvals: Date:
Robin Dunn, CAO January 6, 2023
Environmental Services January 11,2023
Report No. ES2023-01 Page 4 of 4
Page 50 of 117
11 .c) CS2023-01 , Yvonne Aubichon, Clerk re: Joint Accessibility Advisory...
Report Township of
Fraud Heritrage, Exciting Future
Report No. To: Prepared By:
CS2023-01 Council Yvonne Aubichon
Meeting Date: Subject: Motion #
January 11, 2023 Joint Accessibility Advisory
Committee Public
Roll #: N/A Representative Appointments R.M.S. File #:
Recommendation(s): Requires Action For Information Only
It is recommended:
1 . That Report No. CS2023-01 as presented by Yvonne Aubichon, Clerk, be
received; and
2. That three (3) non-elected public members be appointed to the Joint Compliance
Audit Committee for the 2022-2026 term of Council.
Background:
Joint Accessibility Advisory Committee
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires that the Council
of every municipality having a population of not less than 10,000 shall establish an
accessibility advisory committee. It also indicates that two or more municipalities may,
establish a joint accessibility advisory committee. The AODA mandates that a majority
(50%+1) of members be persons with disabilities.
The Committee advises Council about requirements and implementation of accessibility
standards, prepares accessibility reports, reviews site plan drawings and generally advises
Council on accessibility matters pertinent to the County and its member municipalities.
Analysis:
Since 2015, the County has administered a Joint Accessibility Advisory Committee (JAAC)
in cooperation with four Townships that have elected to share costs and resources rather
than operate separate committees, as permitted under the AODA. These municipalities
include the Township's of; Oro-Medonte, Adjala-Tosorontio, Springwater and Tay,
alongside the County of Simcoe. The administration for this committee i.e. scheduling,
agenda, minutes, streaming, etc. is conducted by the County.
Corporate Services January 11, 2023
Report No. CS2023-01 Pagel of 3
Page 51 of 117
11 .c) CS2023-01 , Yvonne Aubichon, Clerk re: Joint Accessibility Advisory...
The JAAC consists of ten to twelve members as follows:
a) Five non-elected (citizen) members who are persons with disabilities, with preference
where possible, given to appoint at least one eligible resident of each participating
municipality and the County of Simcoe.
b) Five elected officials, wherever possible people with disabilities, consisting of the
County Warden or a designate as ratified by Council and one member of Council of
each of the participating municipalities.
In 2022, the County of Simcoe, the Township of Oro-Medonte and the Township of Adjala-
Tosorontio ran a coordinated recruitment. A call for applications was advertised publicly
beginning on October 17, 2022 and seventeen (17) applications were received by the
deadline on November 9, 2022.
Three of the appointees would jointly comprise the remaining non-elected members for the
County of Simcoe, the Township of Oro-Medonte and the Township of Adjala-Tosorontio.
The three non-elected member recommendations representing the County of Simcoe and
Township's of Oro-Medonte and Adjala-Tosorontio were reviewed by County staff and the
respective local Clerks. The recommended appointments are included in Confidential
Schedule 1 to this report.
Two JAAC member municipalities, the Township's of Springwater and Tay, undertook their
own concurrent recruitment for the committee.
Elected officials serving on the committee are appointed individually by each participating
municipality. On December 14, 2022 the Township of Oro-Medonte Council appointed
Councillor Robert Young as the Township's elected representative to the JAAC committee.
Together the elected and non-elected members, make up the Joint Accessibility Advisory
Committee. Below are the Elected Representatives appointed to date:
Municipality Elected Officials
County of Simcoe Warden Basil Clarke, or designate
Township of Oro-Medonte Councillor Robert Young
Township of Springwater Councillor Matt Garwood
Township of Tay Councillor Gerard La Chapelle
Township of Adjala-Tosorontio To be appointed on January 11 , 2023
Financial / Legal Implications / Risk Management:
Elected committee members are compensated in accordance with the policies of their
respective municipalities. Non-elected committee members are compensated in
accordance with the County's existing policies, however participating municipalities are
required to reimburse the County for all expenses associated with one (1) non-elected
(public) representative and any facility reviews on an annual basis.
Corporate Services January 11, 2023
Report No. CS2023-01 Page 2 of 3
Page 52 of 117
11 .c) CS2023-01 , Yvonne Aubichon, Clerk re: Joint Accessibility Advisory...
Policies/Legislation:
• Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11
• Joint Accessibility Advisory Committee Terms of Reference
Corporate Strategic Goals:
• Modernize Township Services
o Improve Delivery of Services
Consultations:
County of Simcoe Corporate Services Staff
Diane Gould Brown — Township of Adjala-Tosorontio
Attachments:
Confidential — Schedule 1
Conclusion:
This item addresses non-elected ("public") appointments to the Joint Accessibility Advisory
Committee (JAAC) operated in conjunction with the Township's of Oro-Medonte, Adjala-
Tosorontio, Springwater, Tay and the County of Simcoe for the 2022-2026 term.
Respectfully submitted:
Yvonne Aubichon, Clerk
Approvals: Date
Donna Hewitt, Director Corporate Services January 3, 2023
Robin Dunn, CAO January 5, 2023
Corporate Services January 11, 2023
Report No. CS2023-01 Page 3 of 3
Page 53 of 117
12.a) DS2023-001 , Derek Witlib, Acting Director, Development Services; a...
township o}-
Report 0
Proud Heritage, Exciting Future
Report No. To: Prepared By:
DS2023-001 Council Derek Witlib
Acting Director,
Development Services
and
Nelly Morrow
Director, Finance / Chief
Financial Officer
Meeting Date: Subject: Motion #
January 11, 2023 Bill 23 Changes & Impacts
Roll #: N/A R.M.S. File #:
L11
Recommendation Requires Action For Information Only
It is recommended that:
1 . That Report DS2023-001 be received.
Background:
On October 25, 2022, the government of Ontario introduced Bill 23, the More Homes
Built Faster Act, 2022, which proposes sweeping changes to the land use approvals
system in the province, with the goal of facilitating the construction of 1 .5 million new
homes by 2031. Bill 23 proposes several amendments to the Planning Act, the
Development Charges Act, the Conservation Authorities Act, the Ontario Land Tribunal
Act, as well as several other pieces of legislation. While there are some positive
changes in Bill 23, there are other changes that will impact the Township of Oro-
Medonte and other municipalities, the County of Simcoe, the Lake Simcoe Region and
Nottawasaga Valley Conservation Authorities in an adverse fashion.
In this report and in Schedule 1 (attached), Township Planning and Finance Staff have
flagged changes that could negatively impact Township revenues, changes to the
planning process, and changes which would have a major impact on the County and on
conservation authorities, both in their operations and the services they provide to the
Township.
The province established the Provincial Housing Affordability Task Force in 2021 to
recommend measures to increase the supply of market housing in Ontario. The
Provincial Affordable Housing Task Force released their report in 2022 and made a
number of recommendations for the province to consider. In response to those
Development Services January 11, 2023
Report No. DS2023-001 Pagel of 3
Page 54 of 117
12. j� DS2023-001 , Derek Witlib, Actin Director, Development Services, a...
recommendati ns, the province passed some initial le islative changes through Bill 109,
which was set to take effect on January 1, 2023. However, on December 22, 2022, the
Minister of Municipal Affairs and Housing announced that the province will be bringing
forward legislation to delay the effective date of the planning fee refund changes
contained in Bill 109 from January 1, 2023, to July 1, 2023.
Bill 23 proposes additional changes that could positively, or negatively impact
municipalities, and conservation authorities further. Bill 23 has made several proposed
amendments to the Planning Act, the Development Charges Act, the Conservation
Authorities Act, the Ontario Land Tribunal Act, as well as several other pieces of
legislation. There were a series of Environmental Registry and Ontario Regulatory
Registry postings that the province was seeking feedback on, with some comment
deadlines that ended on November 24, 2,022 and other deadlines that ended on
December 30, 2022.
Given that the legislation and proposed regulatory changes were released on October
25, 2022, the day after the municipal elections, these comment deadlines provided very
little time for municipalities to review the changes and submit comments through their
respective municipal councils, or in the case of other public authorities such as
conservation authorities, through their boards. In some cases, based on the changeover
in municipal councils, there were further municipal council meetings between the date
the legislation was released, the Christmas holidays, and the comment deadlines.
A housing-oriented review of the Provincial Policy Statement 2020 and the Growth Plan
2020 has also been announced, and the comment deadline was December 30, 2022.
Planning Staff will be preparing a future staff report on this topic.
This report provides a summary of the key changes made to the Development Charges
Act, the Planning Act, the Conservation Authorities Act, the Ontario Land Tribunal Act.
The effect of new legislative changes can sometimes be difficult to predict, as some of
the future changes will be implemented through further guidelines or regulation
changes.
Analysis:
See Schedule 1 to this report.
Financial / Legal Implications / Risk Management:
Based on the changes proposed, particularly the Development Charges Act, Bill 23 has
potential to impact the collection of development charges. At this stage the exact
financial impact is not known, but it will likely mean the need to increase property taxes
at the Township level to recoup the lost development charge revenues. Staff will
continue to monitor Bill 23 and work in collaboration with our local municipal, County
and Conservation Authority partners, on ways to address Bill 23's proposed changes
and will keep Council up to date on the status and impact.
Development Services January 11, 2023
Report No. DS2023-001 Page 2 of 3
Page 55 of 117
- es; a...
Policies/Legislation:
Planning Act
Conservation Authorities Act
Development Charges Act
Ontario Heritage Act
Ontario Land tribunal Act
Municipal Act
Provincial Policy Statement 2020
Growth Plan 2020
Corporate Strategic Goals:
Continuous Improvement & Fiscal Responsibility
Balanced Growth
Consultations:
Chief Administrative Officer
Attachments:
Schedule 1: Bill 23 Changes & Impacts
Conclusion:
The changes imposed by Bill 23 have the potential to put the Township in a position of
achieving growth and development faster, but with less revenue and with diminished
support from partner agencies. Staff continues to review the proposed changes as this
process unfolds. This process can be characterised as dynamic as the province
continues to release new information while at the same time making changes to
information already released. Staff will undertake further analysis of the potential
implications for the Township as additional information and regulations are available,
and the details around implementation are further understood.
Staff will report back to Council with additional information, analysis on workforce and
budget implications, as well as potential solutions.
Respectfully submitted:
Derek Witlib, RPP, MCIP Nelly Morrow
Acting Director, Development Services Director, Finance/Chief Financial Officer
Approvals: Date:
Robin Dunn, CAO January 6, 2023
Development Services January 11, 2023
Report No. DS2023-001 Page 3 of 3
Page 56 of 117
Schedule 1:Bill 23 Changes&Impacts
ISSUE&APPLICABLE SUMMARY OF CHANGES IN FORCE ORO-MEDONTE IMPACTS APPLICABLE/
LEGISLATION/REGULATION DATE AFFECTED N
iv
ORO-MEDONTE
POLICY/
U)
BY-LAW NJ
Review of Growth Plan and In concert with Bill 23,the Province is TBD Unknown at this time. Official Plan NJ
Provincial Policy Statement undertaking a housing-focused review of A Zoning By-law u'
Place to Grow:Growth Plan for the Greater o
Planning Act Golden Horseshoe(Growth Plan)and the
Provincial Policy Statement(PPS).The review
is focusing on the potential integration of the
PPS and the Growth Plan into a new single
province-wide planning policy document.
Third-Party Appeals No one other than the applicant,the Nov.28,2022 Diminished role of public in development Official Plan
Eliminated—Minor municipality,certain public bodies,and the outcomes. Zoning By-law D
Variances and Consents Minister will be allowed to appeal minor �•
variance or consent decisions. Reduced Township legal costs
Planning Act associated with Ontario Land Tribunal
appeals.
Removal of Upper Tier Upper-tier municipalities will be removed from TBD County of Simcoe Official Plan will be Official Plan 71
0
(County of Simcoe) the Planning Act approval process for both deemed to form part of the Township of 0
m Approval Powers lower-tier official plans and amendments and Oro-Medonte Official Plan.
Cn plans of subdivision.Minister would(unless T.
o Planning Act otherwise provided)therefore become the County comments on local planning -0
_ approval authority for all lower tier OP and applications will not include planning
m
�4 OPAs,and Minister's decisions are not matters(e.g.may be limited to matters n
subject to appeal. such as County roads,waste U)
m
0'
m
u,
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Upper-tier municipalities will not have the right management,transit,and other non-
to appeal local planning decisions. planning County interests).
Impact on growth management is
unknown at this time(i.e.Municipal !�
Comprehensive Review). m
0
Planning application review/processing N
timelines may improve. o
N
W
Unknown if a change in County services o
will impact development charges and
taxes.
m
Conservation Authorities Conservation Authority Permits will not be TBD Potential loss/degradation of natural Official Plan
required within regulated areas(including heritage features. Zoning By-law
Conservation Authorities Act wetlands)for the activity that is part of a —
O.Reg.596122 development authorized under the Planning Planning application processing times is
O.Reg. 686121 Act,Aggregate Resources Act,and other will be faster in some cases. D
O.Reg.401122 statutes.
Lake Simcoe Region Conservation
Authority may retain certain powers for
the implementation of the Lake Simcoe (D'
Protection Plan. n
0
71
A single regulation is proposed for all 36 TBD Lake Simcoe Region Conservation Official Plan
Authorities in the province. Authority may retain certain powers for Zoning By-law <
cn the implementation of the Lake Simcoe m
o Protection Plan.
3
�4 Clear limits are proposed on what Authorities TBD Increased reliance on 3rd party expertise Official Plan
are permitted to comment on as part of the (e.g.consultants for peer review at Zoning By-law
planning approvals process,which will keep m
0'
m
v
their focus on natural hazards(flooding, applicants'expense)on natural heritage Memoranda of
unstable soil,and bedrock). No longer matters&Environmental Impact Studies. Understanding
consider control of pollution and conservation between
of land. Unknown how this may affect review Township,
timelines and costs to applicants. LSRCA&NVCA !�
v
Minister authorized to direct an authority not Jan.1 ,2023 Unknown how freezing fees will impact Memoranda of 0
to change the fees it charges for a specified Conservation Authority service delivery Understanding co
period of time. to Township. between C)
N
Township, w
LSRCA&NVCA o
0
Require a conservation authority to issue a Jan.1,2023 Potential loss/degradation of natural Official Plan p
permission or permit where a Minister's heritage features. Zoning By-law
Zoning Order has been made under section C
47 of the Planning Act.
Enable conservation authorities to more easily Jan.1,2023 No impact. No Conservation Authority None. u
sell,lease or dispose of land previously owned lands in the Township. D
granted to them by the Minister.
An update to the methods of determining Jan.1,2023 Much remains unclear on what this will Budget p
amounts owed by specified municipalities for mean in the short term,in the meantime,
CD
operating expenses and capital costs related it will be business as usual until the
to mandatory the Clean Water Act,2006,and Conservation Authorities work through a
v
Lake Simcoe Protection Act,2008 programs detailed assessment. p
and services to enable the use of a benefit-
cn based apportionment method. m
o Wetlands Removing the role of the Ministry of Natural Jan.1,2023 Role to presumably be fulfilled by Official Plan �°
Resources and Forestry from the identification environmental consultants. Potential for Zoning By-law 3
Ontario Wetland Evaluation of Provincially Significant Wetlands(PSWs). inconsistency in wetland evaluations.
System OWES Manual Cn
m
0
m
N
fU
Eliminating the concept of a"wetland Jan.1,2023 Potential loss/degradation of natural Official Plan
complex"from the Ontario Wetland Evaluation heritage features. Zoning By-law
System(OWES).
Additional Residential Units As-of-right zoning to permit up to three Nov.28,2022 Although Township does not have areas Official Plan N
residential units per lot(two in the main with full municipal water and sewage Zoning By-law m
Planning Act building and one in an accessory building), services,this aligns with Township's 0
O.Reg.299119 with no minimum unit sizes,in settlement adopted(October 2022)Official Plan N
areas with full municipal water and sewage which supports up to three residential C)
services.No more than one additional parking units per lot(two in the main building and w
space per unit can be required. one in an accessory building)in certain o
areas.
0
m
Development Charges Act Additional residential units built under this Nov.28,2022 Township does not currently impose DCs Official Plan
permission would be exempt from or cash-in-lieu of parkland on additional Zoning By-law
development charge and parkland residential units,but increased demand —
requirements. for units may increase pressures on is
Township services. y
Higher Density Around Require municipalities to implement as-of- Nov.28,2022 No Impact. Township does not have nor None
Transit right zoning for transit supportive densities in anticipates MTSAs based on historic p
Major Transit Station Areas(MTSAs)and growth rates.
Planning Act Protected Major Transit Station Areas n
(PMTSAs). Updates to zoning would be
required within 1-year of approval of an MTSA
or PMTSA. m
M (D
C. Subdivision Approvals Public meetings no longer will be required for Nov.28,2022 Impact may be negligible,as subdivision Official Plan
o PP 9 9 q p Y0
applications for approval of a draft plan of applications almost always are 3
� Planning Act subdivision. accompanied by other planning a
applications(e.g.ZBA that require a U)
m
0'
m
v
public meeting to consider the land use
change.
Site Plan Control Exempting residential development with 10 or Nov.28,2022 Loss of effective tool for tree Official Plan
fewer residential units from Site Plan preservation and for regulation of Zoning By-law !�
Planning Act Control. development on private roads. v
0
Anticipated loss of approximately co
$10,000 in yearly planning application o
N
revenues. w
0
0
Removing a municipality's power to regulate Applies to site Reduced ability for Township to enforce Official Plan
exterior design through the site plan plan quality of building and landscaping Zoning By-law p
control process,with the exception of: applications design,particularly for commercial and
• exterior access to a building that filed on or after industrial developments. C
contains affordable housing; November
• green roofs; 28,2022: Weakens the ability for the Township to
• building construction requirements implement design policies of Craighurst
related to environmental conservation Secondary Plan. y
under the Building Code Act,1992;and
• the appearance of building elements cQ
that impact matters of health,safety, 0
• accessibility,sustainable design or the
protection of adjoining lands.
0
v Two-Year Moratorium on Eliminate the previous prohibition on Nov.28,2022 No significant impact. the Township Official Plan 0
CD applications to amend new official plans, would continue to process applications Zoning By-law
secondary plans,new zoning by-laws,and received. m
o Planning Act minor variances within two years of approval.
_ 3
m
Development Charges Five-year phase-in of DC rate increases, Nov.28,2022 Ontario municipalities are generally By-law 2019-100
beginning with a 20%reduction in the first (Applies to all contemplating a 10%reduction in (Development C/)
Development Charges Act year,with the reduction decreasing by 5% new DC by- development charge revenues across Charges)
0
m
N
fU
each year until year five when the full new laws passed the board over the next 5 years.The
rate applies. since Jan.1, Townships By-law expires in 2024 at
2022) which time the phase-in period begins.
Estimated Townships only Development
Charges for 2022 total approx.1 mil. !�
v
Development Charges Act DC by-laws will expire every 10 years,instead Nov.28,2022 The Township's DC By-law is set to 0
of every five years.By-laws can still be expire in 2 years at which time a full CO
updated at anytime. detailed DC study will be required. C)
N
W
Development Charges Act The cost of certain studies is excluded from Nov.28,2022 Cost of DC background studies and 6
0
recovery through DCs. studies to acquire or improve land,
buildings and facilities no longer DC p
eligible.
(D
Development Charges Act Additional Residential Units would be exempt Nov.28,2022 Township does not currently impose DCs
from development charges. or cash-in-lieu of parkland on additional —
residential units,but increased demand
for units may increase pressures on D
Township services.
Development Charges Act Reduce development charges for rental TBD Not expected to significantly decrease p
housing developments of four or more DC revenues. Township has historically
CD
residential rental units by:25 per cent for not experienced significant rental
three-bedroom units,20 per cent for two housing development. May incentivize
v bedroom units and 15 per cent for all other more rental housing development in p
a)
units. This is on top of the existing DC freeze Township.
rn and deferral of payments over five years. m
N 0
O -0
Development Charges Act Exemptions from development charges for the TBD Unknown. No data has been collected 3
creation of affordable residential units on how many units in the Township have
(generally defined as priced no greater than been priced at 80 per cent of the market C/)
80%of the average rice/rent in the year a rate. m
0
m
N
fU
unit is sold/rented)and attainable residential
units(yet to be defined),for non-profit housing
developments and for inclusionary zoning
residential units.
N
Development Charges Act Minister given authority to eliminate municipal Nov.28,2022 No impacts on Township anticipated,as m
rental replacement by-laws.Rental there are no significantly sized rental 0
replacement bylaws can require developers to buildings in the Township that may be N
offer rental units at the same price if tenants subject to redevelopment. C)
N
have been displaced when those units are w
redeveloped. o
0
Development Charges Act New regulation to provide authority for certain TBD Not expected to significantly decrease p
services for which land costs would not be an DC revenues.
eligible capital cost recoverable through DCs.
Development Charges Act New subsections 35(2)and(3)are added, Nov.28,2022 Unclear what"allocate"means or what
which,for certain services,require a the consequences of not meeting the
municipality to spend or allocate 60 per 60%might be. D
cent of the monies in the reserve funds
required by section 33 annually.
Development Charges Act Historical service level for DC-eligible capital Nov.28,2022 No financial impacts on Township. (D'
costs(except transit)extended from 10 to 15 2.
years.
v �
Development Charges Act Cap on interest paid on phased DCs for Nov.28,2022 No financial impacts on Township,as the <
rn rental,institutional and non-profit housing to Township does not currently have any T.
o prime plus 1%. properties utilizing DCA phase-in option. -0
3
Development Charges Act Remove"housing services"from the list of Nov.28,2022 No financial impacts on Township,as n
services for which a development Township does not operate housing U)
charge may be imposed. services. However,Simcoe Count m
0'
m
u,
v
Housing Corporation(SCHC)will be
impacted by reduced DC revenues,
potentially impacting future County social
housing in the Township.
N
Parkland Landowners can identify land they intend to Nov.28,2022 Potential for conflicts between Official Plan m
provide for parkland. developers and Township regarding 0
Planning Act suitability of land proposed for parks By-law 2016-017 N
This includes encumbered parkland/strata purposes. (Parkland By- o
parks,as well as privately owned publicly law) w
accessible spaces(POPS)to be eligible for Township Parkland By-law and policy for o
parkland credits. acquiring parkland or cash-in-lieu will Parks&
0
need to be updated. Recreation p
The developer may appeal to the Ontario Master Plan m
Land Tribunal if there is a disagreement with @
the municipality.
Planning Act Parks plans to be required prior to the passing Nov.28,2022 Clarity is needed with respect to what
of any future parkland dedication by-law constitutes a"parks plan". y
(would not apply to by-laws already passed).
0
Planning Act Parkland rates frozen as of the date that a Nov.28,2022 Township currently acquires parkland or p
zoning by-law or site plan application is filed. cash-in-lieu at the time of lot creation. (D'
Freeze remains in effect for two years 2.
following approval.If no building permits are Township Parkland By-law and policy for
71
pulled in that time,the rate in place at the time acquiring parkland or cash-in-lieu will
the building permit is pulled would apply. need to be updated. <
rn �
A 0
O -6
Planning Act Municipalities will be required to spend or Beginning 2023 Unclear what"allocate"means or what 3
allocate 60%of parkland reserve funds at the the consequences might be if 60%is not
start of each year achieved. U)
m
0'
m
v
Planning Act Cap the alternative parkland dedication rate Nov.28,2022 No impact. Township does not possess
that can be conveyed or paid in lieu at 10 per and is not contemplating policies for
cent of the value of the land for sites under alternative parkland dedication rates.
five hectares("ha")and 15 per cent for sites Township collects at the standard rates
greater than five ha. of 5%(residential)and 2%(non- !�
Reduce the maximum alternative dedication residential). v
rate to one ha/600 new units for land 0
and one ha/1,000 new units for cash in lieu. Municipalities have historically applied N
alternative rates in high-density,transit o
N
oriented neighbourhoods. w
6
Planning Act Establish a new trigger for calculating the Nov.28,2022 Township currently acquired parkland or
0
required parkland contribution or cash-in-lieu at the time of lot creation. p
payment in lieu:
• the day the related site plan application Township Parkland By-law and policy for C
is filed or the zoning by-law is passed, acquiring parkland or cash-in-lieu will
whichever is later,or need to be updated. —
• if no site plan application is filed or
zoning by-law is passed,the day the D
first building permit is issued. �-
Heritage Municipalities will not be permitted to issue a Jan.1,2023 No impact anticipated. By-law 2021-049 p
notice of intention to designate a property (Heritage
Ontario Heritage Act under Part IV of the Ontario Heritage Act Committee)
unless the property is already listed on the
v heritage register when the current 90-day p
requirement for Planning Act applications is
N CDtriggered.
0
o -0
Ontario Heritage Act Municipalities to make their heritage registers July 1,2023 No impact. Township already has its 3
available on a publicly accessible website. heritage register on its website. CD
W
m
0
m
N
fU
Ontario Heritage Act Heritage registers to be reviewed and a Jan.1,2023 Heritage Committee budget and capacity
decision made whether listed properties are to would not currently support designating
be designated,and if not,removed from the all the affected properties before they are
register. A two-year time limit on listing of de-listed.
non-designated buildings with a five-year !�
limitation on re-listing. m
0
Ontario Heritage Act A process is proposed which will allow Jan. 1,2023 No impact. Township does not have any N
Heritage Conservation District Plans to be Heritage Conservation Districts. C)
amended or repealed.Criteria for Heritage w
Conservation District Plans can be o
established for regulation. o
0
Ontario Heritage Act New threshold test for listing a property.A TBD Impact unknown at this time.
property proposed to be listed must now meet
certain prescribed criteria to
determine if the property is of cultural heritage —
value or interest. is
D
Ontario Land Tribunal The Tribunal will have increased powers to TBD No impacts on Township.
Procedures order costs against a party which loses a May deter frivolous/vexatious appeals.
hearing at the Tribunal. May also inadvertently have a"chile' p
Ontario Land Tribunal Act, effect and deter potentially bona fide (D'
2021 appeals.
0
71
The Tribunal is being given increased power TBD This change and the other OLT changes p
to dismiss appeals for undue delay. below are generally considered positive <
rn steps for improving efficiency.
0
o �
The Attorney General will have the power to TBD 3
make regulations setting service standards a
with respect to timing of scheduling hearings U)
and making decisions. m
m
u,
v
Regulations can also be made to establish TBD
priorities for the scheduling of certain matters.
Expand the Tribunal's powers to dismiss a TBD N
proceeding without a hearing,on the basis m
that the party who brought the proceeding has 0
contributed to undue delay. N
0
N
Inclusionary Zoning Exempt affordable housing(generally defined Nov.28,2022 No impacts on Township at this time. Official Plan W
Affordable&Attainable as being priced at no greater than 80%of the The Township does not currently utilize Zoning By-law o
Housing average price/rent in the year a unit is rented inclusionary zoning. By-law 2019-100
or sold)and inclusionary zoning units from (Development p
Planning Act DC,CBCs and parkland dedication Charges)
O.Re .232/18 m
Introduce a category of"attainable housing" TBD
which will be defined in future regulations. —
is
An upper limit of 5%of the total number of TBD c>i
units in a development that can be required to
be affordable as part of inclusionary zoning,
and a maximum period of 25 years over which p
the units would be required to remain
affordable(this is a proposed regulation 2.
change,not in the legislation itself).
v �
Community Benefit Charges Maximum CBC payable to be based only on Nov.28,2022 No impacts on Township at this time. <
0) the value of land proposed for new The Township does not currently utilize T.
o Planning Act development,not the entire parcel that may Community Benefit Charges. -0
_ have existing development. m
V
Maximum CBC to be discounted by 4%of Nov.28,2022 U)
land value divided by the existing building m
m
u,
v
size,as a proportion to total building square
footage.
Exemption of community benefits charge and TBD
parkland dedication requirements for N
affordable and attainable housing units. m
0
Zoning in Major Transit Municipalities will be required to update Nov.28,2022 No impacts on Township. The Township N
Station Areas(MTSAs) zoning to include minimum heights and does not contain Major Transit Station o
N
densities within approved Major Transit Areas. W
Planning Act Station Areas(MTSA)and Protected MTSAs o
0
within one year of MTSA/PMTSA being
approved. p
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Rental Replacement Minister given authority to eliminate municipal Nov.28,2022 No impacts on Township. Township @
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12.b) CS2023-2, Yvonne Aubichon, Clerk re: Accessible Elections Report.
Report Township of
Fraud Heritrage, Exciting Future
Report No. To: Prepared By:
CS2023-02 Council Yvonne Aubichon, Clerk/
Election Returning Office
Meeting Date: Subject: Motion #
January 11, 2023 Accessible Elections Report
Roll #: N/A R.M.S. File #:
Recommendation(s): Requires Action For Information Only
It is recommended:
1 . That Report No. CS2023-02 as presented by Yvonne Aubichon, Clerk, re:
Accessible Elections Report be received.
Background:
The Municipal Elections Act, 1996, states the following:
Section 12.1 (1) Electors and Candidates with Disabilities
A Clerk who is responsible for conducting an election shall have regard to the
needs of electors and candidates with disabilities.
Section 12.1 (3)
Report Within 90 days after voting day in a regular election, the clerk shall
prepare a report about the identification, removal and prevention of barriers that
affect electors and candidates with disabilities and shall make the report
available to the public.
Analysis:
Identification and Removal of Barriers
The Clerk and the Election Assistant, undertook the following actions to identify and
remove barriers that could affect electors and candidates. Every effort was made to
ensure full accessibility and the right to vote was afforded to every eligible elector.
Corporate Services January 11, 2023
Report No. CS2023-02 Pagel of 4
Page 70 of 117
12.b) CS2023-2, Yvonne Aubichon, Clerk re: Accessible Elections Report.
The Township offered two methods of voting with additional options:
• Vote Anywhere - paper ballot with tabulators (Advanced Voting and Election Day);
• Vote by Mail by Request;
• "Pick up" and "Drop off" Vote by Mail option; and
• Proxy Voting
Voting:
All voting locations were inspected and with the exception of one (1) voting location in
Ward 3 all were accessible. To compensate for this barrier, a second voting location
was added in Ward 3, as well as a Vote Anywhere option was implemented throughout
the entire municipality.
The vote anywhere option provided Voters with the ability to vote at any voting location
prior to or on Election Day. Accessible voting locations were also identified on the Voter
Notification Cards delivered to each household, so that electors were aware of the
accessible location options available.
Voters were also provided with the option to submit an online application request to
receive a Vote by Mail Ballot Kit at their home address and vote from the comfort of
their own home(s).
While not required, as an alternative voting method was already in place i.e. Vote by
Mail by Request, the Clerk also introduced voting proxies as an added alternative.
Advanced (Vote Anywhere) voting was provided at various dates and times as outlined
below prior to Election Day. This was to assist those electors who may not be available
to vote on election day or who for various reasons may want to avoid crowds or waiting
in long line ups that are inherent with traditional paper ballot elections.
Advanced Voting locations, dates and times:
Saturday, October 8, 2022 from 10:00 a.m. to 3:00 p.m.
• Big Cedar Estates (1844 Line 13 North); and
• Maryam Mosque (110 Line 7 South)
Thursday, October 13, 2022 from 3:00 p.m. to 8:00 p.m.
• Mount St. Louis Moonstone Ski Resort (24 Mount St. Louise Sideroad West); and
• Maryam Mosque (110 Line 7 South)
Saturday, October 15, 2022 from 10:00 a.m. to 3:00 p.m.
• Maryam Mosque (110 Line 7 South)
Corporate Services January 11, 2023
Report No. CS2023-02 Page 2 of 4
Page 71 of 117
12.b) CS2023-2, Yvonne Aubichon, Clerk re: Accessible Elections Report.
Staff ensured adequate and dedicated accessible parking was available for each voting
location.
Service animals and support persons were welcome in all voting locations
Oral Oaths were supplied at all voting locations for friends and family members to assist
electors. A reminder was posted on the quick reference placemat at each DRO's seating
area.
Provided appropriate and accessible signage at voting locations
Seating for electors to rest a short time, if needed
Ensured corridors were wide enough and easily traveled with a wheelchair or other
mobile assistive device.
Provided voting booths that are low and wide enough to enable wheelchair or other
mobile assistive device access.
Provided each voting location with magnifier sheets to ensure viewing of larger print on
the ballot.
Ensured that the voting place was clearly marked, well-lit and visible.
Communications and Preparedness:
Voter information and communication was provided in accessible format through e-mail,
the Township's election webpage, newspaper and radio ads, posters, interactive ward
boundary mapping and telephone.
Staff provided candidates with and posted the Accessible Election Plan on the elections
website for electors and candidates reference.
Staff referenced the Accessibility for Ontarians with Disabilities Act and standards, the
Accessibility Guide produced by AMCTO to ensure compliance.
Staff reviewed election procedures to ensure they were compliant with legislation.
Staff ensured ballots and instructions were compliant with AODA requirements.
Accessibility training was provided to all election staff and ensured their understanding
should their assistance be required within the voting location or at curb side of the
voting location
Feedback procedures were in place and encouraged in the Elections Accessibility Plan
The Accessibility Plan is intended to highlight measures that the Municipality has
Corporate Services January 11, 2023
Report No. CS2023-02 Page 3 of 4
Page 72 of 117
12.b) CS2023-2, Yvonne Aubichon, Clerk re: Accessible Elections Report.
implemented to insure equal opportunity for all electors and candidates.
Financial / Legal Implications / Risk Management:
None
Policies/Legislation:
The Municipal Elections Act, 1996
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA)
Corporate Strategic Goals:
• Modernize Township Services
o Improve Delivery of Services
Consultations:
AMCTO Guide to Accessible Election
Attachments:
None
Conclusion:
As evident in the report, staff made every effort to ensure full accessibility and the right to
exercise their right to vote was afforded to every eligible elector by implementing the
necessary measures to ensure equal opportunity, dignity, independence and integration
for all electors and candidates was adhered to.
Respectfully submitted:
Yvonne Aubichon, Clerk
Approvals: Date:
Donna Hewitt, Director Corporate Services January 3, 2023
Robin Dunn, CAO January 6, 2023
Corporate Services January 11, 2023
Report No. CS2023-02 Page 4 of 4
Page 73 of 117
15.b) Minutes of Lake Simcoe Region Conservation Authority meeting held ...
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting
Board of Directors' Meeting No. BOD-09-22
Friday, November 25, 2022
Held virtually via Zoom
Meeting Minutes
Board Members Present
Regional Chairman W. Emmerson (Chair), Councillor, P. Ferragine (Vice Chair), Mayor D. Barton,
Mayor B. Drew, Councillor A. Eek, Councillor W. Gaertner, Councillor R. Greenlaw, Mayor V.
Hackson, Councillor S. Harrison-McIntyre, Councillor C. Pettingill, Mayor M. Quirk, Councillor C.
Riepma, Deputy Mayor T. Vegh, Councillor A. Waters
Board Members Absent
Councillor K. Aylwin, Councillor K. Ferdinands, Deputy Mayor J. Gough, Councillor E. Yeo
Staff Present
D. Andrews, R. Baldwin, T. Barnett, K. Cheney, M. Critch, A. Cullen, P. Davies, J. Doyley, K.
Goodale, D. Goodyear, E. Green, N. Hamley, C. Hawson, G. MacMillan, S. McKinnon, N. O'Dell,
K. Toffan, K. Yemm, K. Zeppieri
I. Land Acknowledgement
Chair Emmerson acknowledged the Lake Simcoe watershed as traditional Indigenous territory
and thanked all generations of Indigenous peoples for their enduring and unwavering care for
this land and water.
II. Declarations of Pecuniary Interest or Conflict of Interest
None noted for the meeting.
III, Approval of Agenda
Moved by: V Hackson
Seconded by: T. Vegh
BOD-113-22 Resolved That the content of the Agenda for the November 25, 2022
meeting of the Board of Directors be approved as presented. Carried
Page 74 of 117
15.b) Minutes of Lake Simcoe Reg ioPpC RPAgerYi� l9PtheL4oa9ditYf grqgtonsg held ...
Meeting No. BOD-08-22
Friday, November 18, 2022
Meeting Minutes
Page 2
IV.Adoption of Minutes
a) Board of Directors' Meeting
Moved by: A. Waters
Seconded by: A. Eek
BOD-114-22 Resolved That the minutes of the Board of Directors' Meeting, No. BOD-
07-22, held on Friday, September 23, 2022 be approved as circulated. Carried
b) Conservation Ontario Council
Moved by: A. Waters
Seconded by: A. Eek
BOD-115-22 Resolved That the minutes of Conservation Ontario's Council Meeting
held on Monday, September 26, 2022 be received for information. Carried
V. Announcements
There were no Announcements for this meeting.
VI. Presentations
a) Third Quarter 2022 Financial Report and Year-End Forecast
General Manager, Corporate and Financial Services/CFO, Mark Critch, provided a presentation
on the Conservation Authority's Third Quarter 2022 Financial Report and Year-end Forecast,
noting a minor operational deficit at Q3 of$(13K), with a surplus position being projected by
ear-end. He went on to note that the 2022 annual operating priorities are progressing well, and
the reserve activity is going to be in line with budget at year-end. Highlights for Q3 include a
deficit for Greenspace Services related to property taxes in the Town of Georgina, which is
being discussed, and a surplus in Planning and Development due to variances in open positions,
new fees and year-to-date applications. Progress on capital investments for 2022 is going well,
almost all projects complete, with some being completed by year-end, and some continuing
into 2023 as expected.
Looking at the year-end forecast, he noted that any uncertainty around the impacts of Bill 23 is
not factored in as it is unknown at this time, but he also noted no impacts on the year-end are
anticipated with only a few weeks left to the end of the year. Volume of permit and
development applications versus assumptions continues to be monitored. Other trends being
monitored include interest rates on cash invested, legal fees and education revenue. An
operational surplus of approximately $35K is projected for year-end. He noted that total
reserve balances are in a good position and growing.
Page 75 of 117
15.b) Minutes of Lake Simcoe Reg ioPpC RPAgerYi� l9PtheL4oa9ditYf grqgtonsg held ...
Meeting No. BOD-08-22
Friday, November 18, 2022
Meeting Minutes
Page 3
To view this presentation, please click this link: Third Quarter 2022 Financial Report
Presentation
Moved by: P. Ferragine
Seconded by: D. Barton
BOD-116-22 Resolved That the presentation by General Manager, Corporate and
Financial Services/CFO, Mark Critch, regarding the Conservation Authority's Third
Quarter 2022 Financial Report and Year-end Forecast be received for information.
Carried
Included in the agenda was Staff Report No. 41-22-BOD regarding the Conservation Authority's
Third Quarter 2022 Financial Report and Year-end Forecast.
Moved by: P. Ferragine
Seconded by: D. Barton
BOD-117-22 Resolved That Staff Report No. 41-22-BOD regarding the Conservation
Authority's Third Quarter 2022 Financial Report and Year-end Forecast be received for
information. Carried
VII.Hearings
There were no Hearings at this meeting.
VIII. Deputations
There were no Deputations at this meeting.
IX. Determination of Items Requiring Separate Discussion
Item No. 1a was identified under items requiring separate discussion.
X. Adoption of Items not Requiring Separate Discussion
Items No. 1b, 2, and 3 were identified under items not requiring separate discussion.
Moved by: C. Pettingill
Seconded by: B. Drew
BOD-118-22 Resolved That the following recommendations respecting the matters
listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the
Board, and staff be authorized to take all necessary action required to give effect to
same. Carried
Page 76 of 117
15.b) Minutes of Lake Simcoe Reg ioPpC RPAgerYi� l9PtheL4oa9ditYf grqgtonsg held ...
Meeting No. BOD-08-22
Friday, November 18, 2022
Meeting Minutes
Page 4
1. Correspondence (1b)
BOD-119-22 Resolved That Correspondence Item b) be received for information.
Carried
2. Computer Security Network Update
BOD-120-22 Resolved That Staff Report No. 42-22-BOD regarding the Conservation
Authority computer network security update be received for information. Carried
3. Federal Economic Development Agency for Southern Ontario—Tourism Relief Fund
BOD-121-22 Resolved That Staff Report No. 43-22-BOD regarding funding support
from the Federal Economic Development Agency for Southern Ontario's Tourism Relief
Fund towards the Beaver River Wetland Trail Improvements Project be received; and
Further That the Lake Simcoe Region Conservation Authority be authorized to enter
into the associated Tourism Relief Fund Contribution Agreement with the Federal
Economic Development Agency for Southern Ontario. Carried
XI. Consideration of Items Requiring Separate Discussion
1. Correspondence (1a)
Councillor Pettingill asked for an update regarding the letter from Minister Piccini regarding
the Upper York Sewage Solution. CAO Baldwin noted that after approximately 10 years, the
Province has made the decision which will not allow York Region to proceed with the Upper
York Sewage facility, and instead will direct the increased need for a waste water facility
down Yonge Street down to the Duffin Creek facility in Durham Region, discharging to Lake
Ontario. He noted that there will be much more information to come as this plan unfolds.
Chair Emmerson noted that the Duff in Creek facility is a state-of-the-art plant, and as CAO
Baldwin noted, the details are not all known at this point.
Moved by: T. Vegh
Seconded by: V. Hackson
BOD-122-22 Resolved That Correspondence Item a) be received for information.
Carried
XII.Closed Session
There were no Closed Session items for this meeting.
Page 77 of 117
15.b) Minutes of Lake Simcoe Reg ioPpC RPAgerYi� l9PtheL4oa9ditYf grqgtonsg held ...
Meeting No. BOD-08-22
Friday, November 18, 2022
Meeting Minutes
Page 5
XIII. Other Business
a) Mayor Quirk asked for a comment on the proposed aerodrome in Pefferlaw that the
Federal government has now approved. CAO Baldwin noted that he had recently heard of
this potential approval; however, he has not yet received anything official. From the
Conservation Authority's perspective, he noted that any activity involving airports or airport
safety, etc. through the Aeronautics Act under Transport Canada is exempt from the
Conservation Authority's regulation. He also noted that in an unrelated case in the past, a
voluntary agreement was entered into with and airport owner on how to work together.
Similar to York Region or the Town of Georgina, the Conservation Authority has a very
limited role. Mayor Quirk noted that when staff at the Town of Georgina contacted the
Federal government for information, they were advised that the report is determined to be
compliant with applicable requirements. Chair Emmerson asked that the legal opinion
previously sought by the Conservation Authority on a different, similar property be shared
with to the Board in closed session at the December meeting.
b) Chair Emmerson noted the next Board of Directors' meeting is scheduled for 10:00 a.m. on
Friday, December 16, 2022. This meeting will be held in person at the Conservation
Authority's Administrative offices located at 120 Bayview Parkway, Newmarket. Looking to
2023, Chair Emmerson also mentioned that the Conservation Authority will hold its Annual
General meeting on Friday, January 27t" at Newmarket's Old Town Hall.
XIV. Adjournment
Moved by: R. Greenlaw
Seconded by: B. Drew
BOD-123-22 Resolved That the meeting be adjourned at 10:15 a.m. Carried
Regional Chairman Wayne Emmerson Rob Baldwin
Chair Chief Administrative Officer
Page 78 of 117
15.c) Correspondence dated January 4, 2023 from Steve Clark, Minister, M...
Ministry of Ministere des
Municipal Affairs Affaires municipales
and Housing et du Logement
Office of the Minister Bureau du ministre
777 Bay Street, 171h Floor 777, rue Bay, 17e etage Ontario
Toronto ON M7A 2J3 Toronto(Ontario) M7A 2J3
Tel.:416 585-7000 Tel. :416 585-7000
234-2022-5422
January 4, 2023
Dear Heads of Council,
I'm pleased to share an update on key initiatives underway at my ministry to help meet our
government's goal of building 1.5 million new homes over the next 10 years.
The legislature recently passed our government's More Homes Built Faster Act, 2022 which
takes bold action to ensure that all communities can grow with a mix of ownership and rental
housing types to meet the needs of all Ontarians.
Our government knows that building inspectors play a critical role in ensuring that new homes
meet the public safety requirements set out in Ontario's Building Code. However, the capacity
of municipal building departments has been impacted by recruitment challenges and the
increasing number of building inspectors retiring from the profession. That's why, earlier this
year, we took action to help municipalities address labour supply shortages in the building
sector by amending the Building Code to provide a new model for municipal building
departments to design and administer internship programs for building inspectors.
Effective July 1, 2022, municipal building departments can establish program entry criteria for
interns that meet their own local recruitment and enforcement needs. This new internship
model supports public safety by continuing to require that a qualified building inspector or
Chief Building Official supervises the work of interns. The interns must also pass ministry
technical and legal exams before being able to practice independently as building inspectors.
In the coming months, the ministry will develop guidance materials to support municipalities
that are interesting in launching local programs to recruit new intern building inspectors. We
look forward to working with municipalities to implement local internships.
Additionally, the ministry has engaged a consultant to identify opportunities for enhancements
to the qualification program for building practitioners. We are seeking input from the public,
including municipalities, building inspectors, designers, septic installers and building
professionals not regulated by the ministry. This feedback will help guide future decisions on
new approaches to qualification.
For more information and to review the discussion paper, please visit the Environmental
Registry of Ontario (ERO) website at https://ero.ontario.ca/notice/019-6433.
/2
Page 79 of 117
15.c) Correspondence dated January 4, 2023 from Steve Clark, Minister, M...
-2-
In addition to this ongoing work, the ministry is modernizing the provincial Qualification and
Registration Tracking System (QuARTS). QuARTS is used by over 7,000 building
practitioners to update their qualification and registration information online and to help the
government regulate safety and compliance in the Ontario building industry.
Modernizing QuARTS will create a more efficient and user-friendly system, allowing building
officials to spend more time on the important task of reviewing and issuing building permits to
support the government's key priority of increasing housing stock.
Finally, the ministry made the 2012 Building Code Compendium freely available in Adobe
PDF format through the website (https://www.ontario.ca/page/request-digital-copy-2012-
building-code-compendium). Since its launch in March 2022, the ministry has provided free
copies to over 5,000 building professionals to reduce barriers and help accelerate the
construction of new homes across the province. This initiative has enabled inspectors to
access Building Code requirements while performing their work onsite in a more convenient
format. Additionally, candidates studying for the ministry's exams are able to access and
learn Building Code content in an easy to navigate, user-friendly manner.
As part of the plan to build 1.5 million homes over the next 10 years, the government looks
forward to continuing consultations with municipalities, the building industry and the public to
investigate further changes to Ontario's Building Code in order to create more housing and
support public safety.
If you are interested in learning more about any of the ministry's initiatives related to the
transformation of Building Code services in Ontario, please contact us at
BuildingTransformation(a-)ontario.ca.
Thank you for your continued partnership as we work together to get more homes built faster
for all Ontarians.
Sincerely,
Steve Clark
Minister
c: Municipal Clerks
Page 80 of 117
15.d) Correspondence dated December 8, 2022 from Ontario Land Tribunal r...
Ontario Land Tribunal Tribunal ontarien de I'amenagement
du territoire
655 Bay Street,Suite 1500 655 rue Bay,suite 1500 `
Toronto ON M5G 1 E5 Toronto ON M5G 1 E5
Telephone: (416)212-6349 Telephone: (416)212-6349
Toll Free: 1-866-448-2248 Sans Frais: 1-866-448-2248
Website: https:Holt.gov.on.ca/ Site Web: https://olt.gov.on.ca/
Ontario
VIA EMAIL
December 8, 2022
Sarah Hahn Laura Dean
Barriston LLP Aird & Berlis LLP
151 Ferris Lane, Suite 202 Brookfield Place, 181 Bay St. #1800,
Barrie, ON L4M 6C1 Toronto, ON M5J 2T9
Tel: (705) 792-9200 Tel: (416) 865-7706
Email: shahn@barristonlaw.com Email: Idean@airdberlis.com
Counsel for John Greenwood and Ashley Counsel for the Township of Oro-Medonte
Gardiner
Dear Counsel,
RE: Section 23 Request for Review
Decision and Order of Member K.R. Andrews issued December 16, 2021
Case No. PL200165 / PL200166
The Ontario Land Tribunal ("Tribunal") acknowledges receipt of a Request for Review
filed by Sarah Hahn ("Request") of the Decision and Order of Member K.R. Andrews,
issued on December 16, 2021 ("Decision"), in the above-captioned case number
PL200165 / PL200166. The Request was submitted on behalf of John Greenwood and
Ashley Gardiner (collectively, the "Requestors"), pursuant to section 23 of the Ontario
Land Tribunal Act, 2021 ("OLTA').
Pursuant to s. 3(4) of the OLTA, I have been delegated authority by the Chair of the
Ontario Land Tribunal to dispose of all aspects of the Request.
The Tribunal regrets the delay in responding to this Request.
Background
The Decision is in relation to appeals by the Requestors of a decision by Council for the
Township of Oro-Medonte (the "Township") to refuse Applications to amend the
Township's Official Plan and Zoning By-law (the "Applications") to permit a Home
Industry, specifically a contractors' yard with storage of motor vehicles. This would be for
Page 81 of 117
15.d) Correspondence dated December 8, 2022 from Ontario Land Tribunal r...
Hahn et al.
December 8, 2022
PL200165 PL200166
the purpose of supporting a proposed on-farm diversified use, which would be related to
the business "KJ Excavating."
The Decision notes that the Requestors had relocated at least some aspects of an
excavation business, KJ Excavating, from an industrial site in the Town of Innisfil to the
property sometime during or since 2018, and have been operating the business at the
site despite it not being a permitted use, and that the Applications essentially seek to
legalize the existing and ongoing use of the property to carry out the operations of KJ
Excavating.
By way of additional background, the Requestors initially submitted an earlier proposal
in 2019 which purported to designate 1.4 hectares of the subject agricultural lands for
the purported on-farm diversified use. A Township Staff Report recommended that the
OPA and ZBA be denied due to the fact that the proposed area exceeds the 1 .0 hectare
maximum size for an on-farm diversified use. The site area was subsequently revised to
1 .0 hectare by trimming some of the side areas from the calculations. The Township
considered and denied the revised proposal.
The Applicants then further revised their proposal, reducing the area associated with the
proposed on-farm diversified use to 0.12 hectares. Upon these revisions, Township
Staff recommended approval of both the OPA and ZBA. Despite the Staff
recommendation, the Township again denied the Applications.
The Tribunal heard the appeals of these subsequent refusals, ultimately finding that the
Applications were not consistent with the PPS, as informed by the intent of the
OMAFRA Guidelines, and similarly do not have appropriate regard for matters of
provincial interest. The Tribunal further found that the Applications do not conform to the
Growth Plan, the County's Official Plan nor the Township's Official Plan with respect to
the permitted uses in prime agricultural areas. The Tribunal ultimately concluded that
the Applications represent bad planning and are not in the public interest.
The Request
The Request relies on Rule 25.7(b), and (c) to argue that the Tribunal violated the rules
of natural justice or procedural fairness, including those against bias, and made errors of
fact or law such that the Tribunal would likely have reached a different outcome.
The Request suggests that the Member did not review the written Closing Submissions,
did not have regard for this evidence, or in the alternative, was incorrectly biased in his
review of the material.
The Request further suggests that the Member failed to consider or apply the relevant
case law, noting further that "no jurisprudence was cited in the Decision nor analyzed."
2
Page 82 of 117
15.d) Correspondence dated December 8, 2022 from Ontario Land Tribunal r...
Hahn et al.
December 8, 2022
PL200165 PL200166
The Request suggests that multiple errors of fact or law were present, particularly that the
Decision's expressed intent was to preserve prime agricultural lands despite the claim
that provincial and local policies permit on-farm diversified uses of this nature.
The Request also claims that the Member erred in finding that the Requestors were not
bonafide farmers.
The Request further identifies 11 statements in the Decision as comprising "an
amalgamation of errors which display bias and/or error in fact or law."
The desired result of the Request is an order altering the Decision, and approving the
requested OPA and ZBA. In the alternative, the Request seeks a rehearing.
The Tribunal Rules to Dispose of a Request
Rule 25 of the Tribunal's Rules of Practice and Procedure ("Rules") sets out the process
to review a decision or order. Rule 25.7 provides that a request may only be granted if it
raises a "convincing and compelling case" that one of the grounds in this Rule is
applicable.
Disposition
I have carefully reviewed the Decision, and the content of the Request. I have
concluded that the Request fails to establish a convincing and compelling case
sufficient to warrant the exercise of my review powers which are authorized by Rule 25.
At the outset, I would note that the vast majority of the Request, at its core, amounts to
re-argument of matters that were properly before the Tribunal during its hearing on the
merits. While the Requestors assert that the Tribunal failed to fully appreciate their
submissions, I am unconvinced that this was the case, having reviewed the copy of their
closing submissions provided at Tab 3B of the Request, along with the Decision itself.
I would further note that a Requestor's expression of discontent with a Member's
findings and disposition are not a basis for review. The Request for Review process is
not intended to allow for re-argument of a matter. The Tribunal does not routinely review
decisions, and its powers are applied in light of the Tribunal's role as an administrative
tribunal, not an appellate body.
In responding to this Request, I have grouped the 11 identified statements into
appropriate headings, and have also addressed the grounds provided in the Request
regarding allegations of bias, potential disregard for evidence and sufficiency of
reasons, the application of policies which permit on-farm diversified uses, and the
finding of the Requestors not being bonafide farmers.
My further reasons for dismissing the Request follow below.
3
Page 83 of 117
15.d) Correspondence dated December 8, 2022 from Ontario Land Tribunal r...
Hahn et al.
December 8, 2022
PL200165 PL200166
Allegations of Bias
I have reviewed the Request in detail, including the identified paragraphs in the chart
supplied by the Requestors. The Request suggests that the Member's assessment of
the original applications, the modifications made to those proposals, and prior behaviour
was either irrelevant to the current applications, or entirely outside the authority of the
Tribunal. The Request suggests, for example, that "it is not the authority of the Tribunal
to presume that an Applicant would defy a provision in a zoning by-law," and that this "is
a bylaw enforcement issue."
I disagree with the Request's characterization of the Member's findings as indicative of
bias against the Requestors. At its core, the Member's assessment and discussion on
this point relates specifically to the requirement of an on-farm diversified use to be
secondary to the principal agricultural use of the property. The Decision addresses this
point in its assessment of consistency with the PPS and its overall analysis of what
constitutes good planning in the circumstances. The Decision clearly notes that "The
Tribunal received no account from the Applicants to explain how their excavation
business would no longer occupy the entire area originally proposed, or how operations
will or have materially changed to only require use of the much smaller area" and that "it
received no account to explain how the excavation business would access line 10 N
without traveling across practically all of the originally proposed area on a daily basis."
Despite the Requestor's continued insistence on their interpretation of the OMAFRA
guidelines, I cannot conclude that the Member's discretion in interpreting these
guidelines or applying them to the available facts amounted to bias. Therefore, I have
found no reason to intervene with regard to the Member's original Decision on this
issue, and would dismiss this ground of the Request.
Allegations of disregard for closing submissions and sufficiency of reasons, particularly
regarding policies which permit on-farm diversified uses
The Request suggests that the Member did not review the written Closing Submissions
or did not have regard for this evidence, in light of the fact that specific caselaw and
explanations provided by the Requestors were omitted from the Decision. I will speak to
these specific instances in further detail, but would make a general comment regarding
the sufficiency of reasons in a given decision.
It is well understood that the reasons contained in Tribunal decisions need not and do
not include or recite all of the arguments, evidence, statutory provisions, policy
considerations or case law presented at the hearing. Reasons provided in a Decision
must show that the Tribunal grappled with the substance of the central issues in dispute
to explain the path taken by the Tribunal to reach its decision. It is well understood that
the reasons do not need to discuss each landmark considered along the way to arrive at
the final order.
4
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Having reviewed both the Decision and the Request, including the copy of the closing
submissions provided at Tab 3B of the Request, I am not convinced that the Member
failed to have proper regard for the submissions before him. Further, my review of the
Decision and the Request suggests that many of the concerns raised in the Request
were directly related to the appropriate exercise of Member discretion.
The Request identifies situations where the Member failed to address caselaw that they
suggest was relevant to the questions that the Member was positioned to determine. In
particular, the Request points to other cases addressing the OMAFRA guidelines,
suggesting that these guidelines were "narrowly interpreted." The OMAFRA guidelines
are mentioned in paragraph 30 of the Decision, and then discussed in more detail
starting at paragraph 32. Alongside the discussion of the OMAFRA guidelines, the
Decision outlines the competing evidence of experts Vella and Barton regarding the
evidence to be applied against the criteria.
The Request points to its submissions regarding Bite v Southgate in its closing
submissions, to indicate circumstances where the Tribunal gave no weight to an
argument that the industrial use would not be secondary to the agricultural. The
submissions also included reference to Dell v Kawartha Lakes to outline a scenario
where the Tribunal did not accept planning evidence that suggested a secondary use
could then function as a primary use in contravention to the by-law.
The Request notes that under OMAFRA Guideline section 1 .4, "The purpose of the on-
farm diversified use guidelines is to allow non-agricultural uses, including industry, to
exist on prime agricultural lands if the criteria is met." In my reading of the Decision and
the Request, it appears that the central issue that the Member addressed was whether
the criteria was in fact met.
In these circumstances, the Tribunal accepted the relevant planning evidence of Mr.
Barton, and this preference of evidence is clearly articulated in the Decision. I would
also note that the Decision states that "The Tribunal confirms that it has considered
these OMAFRA Guidelines in assessing the consistency of the proposed OPA and ZBA
with the PPS." I would further note that since each appeal is considered on its individual
merits, it appears clear to me that the Member deemed it unnecessary to consider and
distinguish the cases provided by the Requestors.
I therefore conclude that although the Decision does not summarize the Requestors'
assessment of the caselaw on this point, such a summary was not necessary, and that
the absence of such a summary does not indicate an error of law, given that the
Tribunal grappled with the substance of the central issues in dispute.
Regarding the Member's finding that "horse-keeping activities of the Applicants do not
constitute a part of the agricultural operations on the property," the Request points to
OMAFRA Guidelines section 2.1.2, which notes that horse farms are included as
5
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examples of agricultural uses. However, as noted both in that section and in the
Member's Decision, these examples of uses may be agricultural uses if they meet all of
the applicable PPS criteria. The Decision specifically notes at paragraph 11 that "there
was no evidence to support the notion that this activity is anything more than a hobby,"
subsequently finding that the "keeping of horses does not contribute to, nor constitute a
part of, the property's agricultural uses, as defined in the PPS."
The Request also expresses concerns with the Member's statement that "the only
agricultural activities on the property are those conducted by the Applicants' tenant, who
grows hay on the property." The Request claims that the land is being farmed and
whether or not the owners are the farmers at this time is irrelevant to the applications,
suggesting that this would be akin to "people-zoning" in the circumstances. I disagree.
In my reading of the Decision, the Tribunal specifically addressed the leased lands as
part of its assessment of whether the "full-scale industrial use" could be "considered
secondary to the agricultural uses on the subject property."
The Request again points to Bite v Southgate, to note that the Tribunal had previously
ignored the argument that leased land did not qualify as agricultural operations when
identifying a primary or secondary use on agricultural property. While this prior decision
was not addressed and distinguished, I am confident that the Member grappled with the
substance of this issue. Unlike in Bite v Southgate, where "the uncontested evidence is
that the proposal will remain secondary to the predominant land use of cultivation on the
Subject Property," the issue of whether the proposal would remain secondary was
contested. In a roundabout way, I see this ground as an attempt to once again reargue
their position regarding the Member's preference of evidence, which is not a basis for
review.
Regarding paragraph 41 and 42 of the Decision, I acknowledge that the Member
unnecessarily applied criteria for whether the "excavation business is directly or
indirectly connected to an agricultural operation, [or] does it serve to support and build
upon rural character or leverage rural amenities and assets." As noted in the Request,
this relates to the difference between agricultural-related uses and on-farm diversified
uses. However, given the totality of the considerations before the Member, I am not
convinced that this error rises to the high threshold of an error of law such that the
Tribunal would likely have reached a different outcome.
Regarding the discussion of scope and intensity in paragraphs 44, 45, and 46, 1
disagree with the Request's claim that "the Member erred in finding that the scope and
intensity of the farming was a relevant consideration to the Decision." Specifically, the
Request quotes OMAFRA Guideline Section 2.1 .1 with regard to PPS Criteria for
Agricultural Uses, noting "They may be of any type, size or intensity." However, I note
that the Member's analysis of scope and intensity of the hay farming was not to suggest
that the hay farming was not an agricultural use. Rather, this analysis was specifically to
dispel the argument that the proposed industrial use could in-fact be secondary, as
required by the second criteria of Section 2.3.1. The Tribunal also discussed this
6
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question of intensity in light of the fourth and fifth criteria, recounting Mr. Barton's expert
evidence that:
"...due to the scale and intensity of the Applicants' excavation business
operations at the Subject Property, it cannot be considered a home industry, and
the proposed/existing industrial uses will/are adversely impacting the agricultural
and rural character of the area."
I therefore conclude that the discussion of intensity was not presented for the reason
the Request claims, and was instead a relevant consideration for the Member.
Regarding the error of fact alleged in paragraph 62 and 80 of the Decision regarding the
construction on the Property of the agricultural building, berms and driveway, I disagree
that this was an error of fact. As noted by the Tribunal in paragraph 51 , municipal
approval and permitting was conditional on if "the development would serve agricultural
purposes." It appears to me that the Member appeared concerned once again with the
OMAFRA Guidelines, which note that "On-farm diversified uses should be related to
agriculture, supportive of agriculture or able to co-exist with agriculture without conflict,"
suggesting that such a conflict was already present. Further, if the Member did in-fact
mischaracterize this evidence, I am not convinced that such an error of fact would rise
to the appropriate threshold. The analysis regarding the construction related to
conformity with the County OP, and my reading of the Decision is that the determinative
issue on this point was that the proposal would "allow a clearly defined industrial use in
an area planned and designated for agricultural uses."
Above and beyond these reasons, I would note that the Decision also outlines the
evidence and submissions regarding why the proposal did not conform to the Growth
Plan, noting that Mr. Barton "opined that the purpose of the Applications would
effectively result in a standalone industrial use operating in a prime agricultural area." I
note that while this contention was countered in the Requestors' closing submissions at
paragraph 48 on the basis of expert evidence by Mr. Witlib and Mr. Vella, the Member
repeatedly justified his preference of evidence. It appears to me that the Request's
concerns regarding the ultimate findings by the Member in applying the facts to the
criteria amount to reargument and are not a basis for a request for review.
The Finding of the Requestors not being Bonafide Farmers
The Request suggests that the Tribunal erred in determining that the Requestors were
not Bonafide farmers, noting that there was "overwhelming evidence" and "caselaw
which confirmed the Applicants' position."
First, I would note that the Decision does not make a finding that the Requestors were
not bonafide farmers. Rather, the Decision notes that "the Tribunal finds that the primary
activity and function of the Subject Property, viewed from any reasonable perspective,
will be (and is currently) associated with the activities of KJ Excavating...." The Member
reiterates this point throughout the Decision, including in his discussion of the horse
7
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keeping and hay farming. I fail to see any error of law or fact in the Member's exercise
of discretion.
I have also addressed earlier in these reasons the arguments regarding horse keeping
and hay farming. I once again repeat that this form of reargument is not within the scope
of a Request for Review, and I would dismiss this ground.
Conclusion
For the reasons above, I find that the Request fails to raise a compelling and convincing
case that one of the grounds enumerated under Rule 25 is present in the Decision.
As a result, the Request is dismissed. The Decision PL200165 / PL200166 remains in
full force and effect.
Yours truly,
G.C.P. BISHOP
Gregory Bishop
Alternate Chair
Ontario Land Tribunal
8
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Ontario Land Tribunal
Tribunal ontarien de I'amenagement
du territoire
Ontario
ISSUE DATE: December 16, 2021 CASE NO(S).: PL200165
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Applicant and Appellant: John Greenwood and Ashley Gardiner
Subject: Request to amend the Official Plan - Refusal of
request by Township of Oro-Medonte
Existing Designation: Agricultural
Proposed Designated: Agricultural with Special Provision
Purpose: To permit the development of a Home Industry,
specifically a Contractors' yard with storage of motor
vehicles on a portion of the subject lands
Property Address/Description: 3750 Line 10 North
Municipality: Township of Oro-Medonte
Approval Authority File No.: 2019 - OPA - 01
OLT Case No.: PL200165
OLT File No.: PL200165
OLT Case Name: Greenwood and Gardiner v. Oro-Medonte (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Applicant and Appellant: John/Ashley Greenwood/Gardiner
Subject: Application amend Zoning By-law No. 2019-ZBA-14 -
Refusal of Application by Township of Oro Medonte
Existing Zoning: Agricultural/Rural (A/RU) Zone
Proposed Zoning: Agricultural/Rural Exemption (A/RU*) Zone
Purpose: To permit the development of a Home Industry,
specifically a Contractors' yard with storage of motor
vehicles on a portion of the subject lands
Property Address/Description: 3750 Line 10 North
Municipality: Township of Oro-Medonte
Municipality File No.: 2019-ZBA-14
OLT Case No.: PL200165
OLT File No.: PL200166
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Heard: October 18, 2021 by video hearing ("VH")
APPEARANCES:
Parties Counsel/Agent*
John Greenwood and Ashley Sarah Hahn
Gardiner
Township of Oro-Medonte Christopher Williams and Laura Dean
DECISION DELIVERED BY K.R. ANDREWS AND ORDER OF THE TRIBUNAL
INTRODUCTION
[1] This is a hearing of appeals by Ashley Gardiner and John Greenwood (the
"Applicants") of a decision by Council for the Township of Oro-Medonte (the "Township")
to refuse Applications to amend the Township's Official Plan and Zoning By-law (the
"Applications") to permit a "Contractor's Yard with storage of motor vehicles" on a
portion of the property known municipally as 3750 Line 10 North (the "Subject
Property"), which is located in a Prime Agricultural Area.
[2] It is an uncontested fact that the Applicants relocated at least some aspects of an
excavation business, KJ Excavating, from an industrial site in the Town of Innisfil to the
Subject Property sometime during or since 2018, and have been operating the business
at the site despite it not being a permitted use. The undisputed evidence shows that the
Applicants developed a portion of their agricultural property (approximately 1 hectare
(2.47 acres) in size or slightly larger) to accommodate operations of their excavation
business sometime in 2018. The development cluster includes a wide driveway with
berms on each side, a large gravel parking/staging area for the company's equipment, a
building with large roll-up doors and bays large enough to house the company's tri-axel
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trucks, and parking for approximately eight employees of the business.
[3] The Applications essentially seek to legalize the existing and ongoing use of the
Subject Property to carry out the operations of KJ Excavating.
[4] The Applications request:
a. An amendment to the Township's Official Plan to permit the development of a
Home Industry, specifically a contractor's Yard with storage of motor vehicles
(to serve the operations of KJ Excavating) on a portion of the Subject
Property; and
b. An amendment to the Township's Zoning By-law to change the zoning
designation on the Subject Property from Agricultural/Rural (A/RU) Zone to
Agricultural/Rural Exemption 310 (A/RU *310) Zone to permit the
development of a Home Industry, specifically a Contractor's Yard with
storage of motor vehicles (to serve the operations of KJ Excavating) on a
portion of the Subject Property.
[5] For the reasons that follow, the Tribunal dismisses the appeals.
EVIDENCE AND ANALYSIS
Witnesses and Participant
[6] The Applicants relied on the testimony of their Land Use Planning witness,
Darren Vella, as well as Derek Witlib, a land use planner employed by the Township
who testified under summons. Both were qualified on consent as experts in land use
planning.
[71 The Township principally relied on the testimony of their Land Use Planning
witness, Michael Barton, who was also qualified on consent as an expert in land use
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planning. Additionally, the Township called on Sharon Lawlor as a witness, who resides
on Line 10 North (the same road as where the Subject Property is located), to provide
contextual evidence about the ongoing nature of the Applicants business being carried
on at the Subject Property and its impact on area neighbours.
[8] The Tribunal was also in receipt of a statement and attachments provided by
Allan Baker, who was granted Participant status and opposes the appeal. In accordance
with section 17 of the Ontario Land Tribunal Act, the Tribunal considered his written
statement only.
The Property and History of the Applications
[9] Mr. Vella testified that the Subject Property is located on the west side of Line 10
North, approximately 1 .5 kilometers north of Horseshoe Valley Road. The lands are
generally flat in nature. Several agricultural fields comprise the majority of the Subject
Property, which are rented to a local farmer for hay production. A portion of the property
is tree covered, including a large wooded area at the rear of the property, as well as
mature vegetation along the perimeter of the property and treelines between the
agricultural fields. A watercourse also traverses the property.
[10] Mr. Vella testified that a single detached dwelling is located at the north-eastern
area of the Subject Property, along with a cluster of structures which are used for the
owner's horses and/or other personal uses. A newly constructed horse barn is located
within the cluster, including a 200 by 250 foot paddock. A common access driveway
serves this area of the property. The dwelling is serviced by a private well and septic
system.
[11] It is noteworthy that, while the Applicants submitted that their keeping of horses
constitutes a part of the property's agricultural activity, the Tribunal received no
evidence to support the notion that this activity is anything more than a hobby. For the
purpose of this decision, therefore, the Tribunal finds that the Appellant's keeping of
horses does not contribute to, nor constitute a part of, the property's agricultural uses,
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as defined in the PPS.
[12] The uncontested evidence of the parties shows that the surrounding land uses
are:
• North: Agricultural/Rural lands including tree covered lands, agriculture fields
and single detached dwellings.
• South: Agricultural/Rural lands including tree covered lands, agriculture
fields and single detached dwellings. Approximately 1.5 kilometers south is
the community of Jarratt.
• East: Agricultural/Rural lands including tree covered lands, agriculture fields
and single detached dwellings.
• West: Agricultural/Rural lands including tree covered lands, agriculture fields
and single detached dwellings.
[13] It is an uncontested fact that the Subject Property is identified as "prime
agricultural land" according to the OMAFRA Agricultural System agricultural land base
map and is in a "prime agricultural area" pursuant to the PPS.
[14] Furthermore, the Subject Property is designated "agricultural" in the County of
Simcoe Official Plan, Schedule 5.1 Land Use Designations, is designated "'agricultural"
in the Township's Official Plan, Schedule A, and is zoned "Agricultural / Rural" (A / RU)
Zone in the Township's Zoning By-law, Schedule A21 .
[15] Mr. Vella confirmed that the aforementioned development cluster used by KJ
Excavating on the subject property was constructed sometime in 2018. The building
located within the cluster is approximately 50 feet by 100 feet in size, and photographs
show that it features five roll-up doors and four bays which appear large enough to
house the Applicants' tri-axel trucks. The site is located away from the property's house
and barns cluster, to the south, and includes a large gravel staging/parking area used
by the business. Photographs show that the site is accessed by a dedicated wide
driveway with berms on each side to screen the operations. A refuse dumpster and fuel
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tank are located outside the building. Earlier versions of the subject Applications
indicate that the area that was developed for the excavation business is approximately 1
hectare (2.47 acres) in size or slightly larger.
[16] Mr. Vella also confirmed that the above described storage building, driveway,
berms and staging/parking area were all originally constructed without first obtaining the
requisite permits from the municipality. However, since then, the construction permits
were approved retroactively by the municipality upon the Applicants' characterization of
the construction as being for agricultural purposes. Despite this assertion, the Tribunal
received no compelling evidence to show that any of the development has ever actually
been used for agricultural purposes, nor is it likely to be used for such purposes in the
future. As noted previously, the horse-keeping activities of the Applicants are found to
be non-agricultural in nature, and the uncontroverted evidence of the parties shows that
the only agricultural activities taking place on the property are those conducted by a
tenant farmer who, according to the evidence, has no use of the storage building,
driveway, berms or staging/parking area located within the subject development cluster.
[17] Mr. Vella acknowledged that the current use of the Subject Property for the
excavation business is in contravention of the Township's Zoning By-law. The approach
being taken by the Applicants to remedy the situation is to seek the current OPA and
ZBA, to permit an on-farm diversified use in the form of a contractor's yard with storage
of motor vehicles. As will be discussed in greater detail below, this case largely turns on
whether or not the existing/proposed use of the property, as currently being carried out
by KJ Excavating, can fit within the definition of an "on-farm diversified use".
[18] The Tribunal notes that the Applicants commenced their Applications with an
earlier proposal in 2019 which purported to designate 1.4 hectares (3.5 acres) of the
subject agricultural lands for the purported on-farm diversified use. The original
Applications included all of the aforementioned developed cluster area containing the
storage building, driveway, berms and staging/parking area, plus some excess on each
side.
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[19] The below images show the original proposed area, with the shaded area of the
first image showing the area containing the storage building, driveway, berms and
staging/parking area (the remainder of the property is delineated by the hatched line):
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[20] A Township Staff Report recommended that the OPA and ZBA be denied as
proposed above due to the fact that the proposed area exceeds the 1.0 hectare (2.47
acres) maximum size for an on-farm diversified use (according to the report). The site
area was subsequently revised to 1 .0 hectare (2.47 acres) by trimming some of the side
areas from the calculations. The Township considered and denied the revised proposal.
[21] The Applicants then further revised their proposal by excluding the areas
containing the storage building, driveway, berms and a large portion of the
staging/parking area, which purported to further reduce the area associated with the
proposed on-farm diversified use to 0.12 hectares (0.30 acres), as illustrated below:
1-
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Revised AppliCdtion
- irx�weiaxivrx
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The new proposal purports to dedicate the areas excluded from the originally refused
proposal for agricultural uses (although, again, no evidence was provided to
demonstrate a need or likely use for said areas for such purposes).
[22] Upon these revisions, Township Staff recommended approval of both the OPA
and ZBA. Despite the Staff recommendation, the Township again denied the
Applications.
[23] For the sake of clarity, the Tribunal notes that the uncontroverted evidence of the
parties shows that the smaller "L" shape area shown above in red basically surrounds
the storage building on two sides, and it occupies only one corner of the existing
developed cluster occupied by the storage building, driveway, berms and
staging/parking area that was built for the excavation business. The Tribunal received
no account from the Applicants to explain how their excavation business would no
longer occupy the entire area originally proposed, or how operations will or have
materially changed to only require use of the much smaller area illustrated above.
Furthermore, the Township's expressed concern about the obvious difficulty in
monitoring or enforcing the proposed limited use of the developed cluster was not
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addressed by the Applicants in any meaningful way.
[24] The Tribunal further notes that it received no account to explain how the
excavation business would access Line 10 North without travelling across practically all
of the originally proposed area on a daily basis. The Tribunal therefore finds it obvious
that all of the originally proposed area, including the driveway, berms and all of the
gravel staging/parking area will, more likely than not, be used by KJ Excavating on a
daily basis, even if the storage building is not used by the business. Furthermore, given
that said building was purposely built for use by the excavation business, and the
Tribunal received no convincing evidence to suggest that it will be used for any other
purpose, the Tribunal further finds that the building will, more likely than not, also be
used by the business.
[25] Accordingly, the Tribunal finds it very unconvincing that the areas excluded from
the original application will actually be for used for any purposes other than that of the
excavation business. Similarly, the Tribunal is unconvinced that those areas will be
used for any genuine agricultural purposes.
KJ Excavating
[26] Before moving its operations, sometime during or since 2018, KJ Excavating
stored and staged its equipment and vehicles at an industrial property in the Town of
Innisfil. According to the testimony of Mr. Vella, all of the business' equipment is now
stored and staged at the Subject Property while the company's head office, where
dispatching takes place, is located elsewhere.
[27] The original Planning Justification Report overseen by Mr. Vella, dated June
2019, states that KJ Excavating has 5 tri-axle trucks, 1 float truck, 2 excavators, 1
loader and 2 Skid Steer loaders, all of which are now stored and staged at the Subject
Property. The testimony of Ms. Lawlor and her photographs is consistent with this list,
showing KJ Excavating's equipment travelling past her residence on Line 10 North.
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[28] The evidence shows, and the Tribunal finds, that the proposed number of
employee parking spaces at the subject site indicates that there will be at least 8
employee-vehicles travelling to and from the Subject Property on a daily basis, in
addition to the transportation of the above listed equipment. The Tribunal accordingly
finds that KJ Excavating's operations, as located at the Subject Property, is
characteristic of a full-scale industrial operation which generates regular employee and
business traffic on the surrounding roadways within a prime agricultural area.
Consistency with the PPS
[29] The PPS outlines the policies for managing and directing land use to achieve
effective and efficient development and land use patterns. The PPS clearly considers
and prioritizes the preservation of agricultural lands and enhancement of agricultural
uses as one of its key goals. There are limited exceptions; however, such exceptions
are clearly intended to complement rather than encumber agricultural uses of the area,
and any loss of agricultural lands for non-agricultural purposes is to be minimized.
[30] Section 2.3 of the PPS relates to Agriculture, with section 2.3.3.1 stating the
permitted uses in the prime agricultural areas:
In prime agricultural areas, permitted uses and activities are: agricultural uses,
agriculture-related uses and on-farm diversified uses. Proposed agriculture-related
uses and on-farm diversified uses shall be compatible with, and shall not hinder,
surrounding agricultural operations. Criteria for these uses may be based on
OMAFRA Guidelines developed by the Province or municipal approaches, as set
out in municipal planning documents, which achieve the same objectives.
[31] The Appellant's expert in land use planning, Mr. Vella, testified that the allowance
of on-farm diversified uses, as stated in s. 2.3.3.1, provides opportunities in addition to
existing agricultural operations. He also cited section 2.3.3.2 of the PPS in apparent
reference to the small scale or low intensity agricultural activity which currently takes
place on the Subject lands:
In prime agricultural areas, all types, sizes and intensities of agricultural uses and
normal farm practices shall be promoted and protected in accordance with
provincial standards.
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[32] The Tribunal notes that the OMAFRA Guidelines on Permitted Uses in Ontario's
Prime Agricultural Areas ("OMAFRA Guidelines") are designed to help municipalities,
decision-makers, farmers and others interpret policies in the PPS on uses that are
permitted in prime agricultural areas. The Tribunal confirms that it has considered these
OMAFRA Guidelines in assessing the consistency of the proposed OPA and ZBA with
the PPS. As it relates to permitted uses in the prime agricultural areas according to the
PPS, section 1.4 of the OMAFRA Guidelines sets out the principles of permitted uses as
follows:
1.4 Principles of Permitted Uses
The intent of the PPS and these OMAFRA Guidelines is to allow uses in prime
agricultural areas that ensure settlement areas remain the focus of growth and
development and:
• agriculture remains the principal use in prime agricultural areas;
• prime agricultural areas are protected for future generations;
• land taken out of agricultural production, if any, is minimal;
• regard is given to the long-term (multi-generational) impact on prime
agricultural areas;
• normal farm practices are able to continue unhindered;
• agricultural and rural character and heritage are maintained as much as
possible;
• uses are compatible with agricultural uses;
• they make a positive contribution to the agricultural industry, either directly
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or indirectly; and
• servicing requirements (e.g., water and wastewater, road access, fire
services, policing) fit with the agricultural context.
[33] The PPS defines an "on-farm diversified use" as:
...uses that are secondary to the principal agricultural use of the property, and are
limited in area. On-farm diversified uses include, but are not limited to, home
occupations, home industries, agritourism uses, and uses that produce value
added agricultural products.
[34] Section 2.3.1 of the OMAFRA Guidelines sets out the PPS criteria for on farm
diversified uses as follows:
2.3.1 PPS Criteria for On-Farm Diversified Uses
All of the following criteria must be met to qualify as on-farm diversified uses, in accordance with
the PPS.
1. Located on a farm;
2. Secondary to the principal agricultural use of the property;
3. Limited in area;
4. Includes, but is not limited to, home occupations, home industries, agri-tourism uses and
uses that produce value-added agricultural products; and
5. Shall be compatible with, and shall not hinder, surrounding agricultural operations.
[35] In reference to the above policy and OMAFRA Guidelines, the Applicants
submitted that the PPS clearly contemplates and permits "on-farm diversified uses" as a
home industry on prime agricultural lands. The Applicants correctly noted that a "Home
Industry" is, by definition, an industrial use.
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[36] As it relates to the requirement of an "on-farm diversified use" to be "limited in
area", Mr. Vella opined that KJ Excavating's operations on the Subject Property qualify
as an "on-farm diversified use" and "Home Industry" pursuant to the PPS, by being
sufficiently "small-scale" so as to be permitted on Prime Agricultural lands. Mr. Vella
testified that the Applicants' revised proposal involves an area of only 0.3% of the entire
parcel, whereas the OMAFRA Guidelines indicate that an on-farm diversified use may
assume up to 2% of the land area.
[37] As it relates to the requirement of an "on-farm diversified use" to be secondary to
the principal agricultural use of the property, Mr. Vella opined that the purported
agricultural uses of the Subject Lands include agricultural crop farming, which occupies
a substantial majority of the land area, and a "horse farm" which also represents an
agricultural use in his opinion. Furthermore, he opined that the existing/proposed
contractor's yard is secondary to the crop farming and is not in contravention with
sections 2.3.3.1 or 2.3.3.2.
[38] As stated previously, the Tribunal finds that the horse-keeping activities of the
Applicants do not constitute a part of the agricultural operations on the property. The
evidence shows that the only agricultural activities on the property are those conducted
by the Applicants' tenant, who grows hay on the property.
[39] Contrary to Mr. Vella's opinion, Mr. Barton opined that that KJ Excavating's
existing/proposed use of the Subject Property does not qualify for the limited exceptions
in the PPS that would permit a non-agricultural use in a prime agricultural area, as it
does not satisfy the criteria for "on-farm diversified use". While acknowledging that the
area dedicated for this use is/proposed to be limited in area relative to the overall lot
area, he opined that it is not secondary to the agricultural uses on the Subject Property.
[40] Mr. Barton opined the subject excavation business is properly characterized as a
full-scale industrial use and, given the scale and intensity of its operations relative to the
agricultural operations conducted by the Applicants' tenant farmer, it cannot be
considered secondary to the agricultural uses on the Subject Property so as to qualify
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as a diversified on-farm use or home industry according to the PPS. The Tribunal
accepts Mr. Barton's evidence and opinion insofar as the operations of KJ Excavating at
the Subject Property are properly characterized as a full-scale industrial use.
[41] The Applicants did not contend, nor did the evidence show, that their excavation
business is directly or indirectly connected to an agricultural operation, nor does it serve
to support and build upon rural character or leverage rural amenities and assets. They
submitted that this is not necessary to still qualify as a diversified on-farm use.
[42] The Tribunal notes that this position of the Applicants conflicts with the direction
provided in the OMAFRA Guidelines, which expressly states that "[t]he intent of the PPS
and these OMAFRA Guidelines is to allow uses in prime agricultural areas that ensure
settlement areas remain the focus of growth and development and [...] they make a
positive contribution to the agricultural industry, either directly or indirectly [emphasis
added]".
[43] The Tribunal accordingly finds that a full-scale industrial operation, such as KJ
Excavating, cannot be appropriately located in a prime agricultural area (as an on-farm
diversified use) unless it makes a positive contribution to the area's agricultural industry,
either directly or indirectly. To adopt Mr. Barton's words, the Tribunal finds that this
means it must support and build upon rural character and leverage rural amenities and
assets. In the context of an on-farm diversified use, as per the definition, it must also be
secondary to the principal agricultural use of the property and be limited in area.
[44] Based on the evidence provided by the parties regarding the scope and intensity
of the tenant's agricultural operations, which was limited to hay production involving one
or two cuts a year, the Tribunal finds that these activities are relatively small in scale
despite involving a relatively large land base.
[45] On this point, the Tribunal notes the Applicants' submissions insofar as a
perennial hay crop is actively growing all year round and should not be assessed solely
on the basis that it does not involve daily human-driven activities. The Tribunal generally
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agrees; however, compared to other types of farming, and in contrast with most crop
cultivation in particular, there is no dispute that perennial hay production is a distinctly
low-intensity crop associated with very little impact on surrounding lands and low activity
in general.
[46] For example, in comparison to KJ Excavating's operations, the Applicants' did
not suggest nor provide any evidence to show that the tenant's hay crop involved
similarly intensive activities, employee coming-and-going, economics, or impact in
general on surrounding lands. To put it succinctly, the Tribunal finds that the primary
activity and function of the Subject Property, viewed from any reasonable perspective,
will be (and is currently) associated with the activities of KJ Excavating, not the growing
of hay.
[47] Mr. Barton further testified and opined as it relates to the fourth and fifth criterion
listed above within section 2.3.1 of the OMAFRA Guidelines. He stated that, due to the
scale and intensity of the Applicants' excavation business operations at the Subject
Property, it cannot be considered a home industry, and the proposed/existing industrial
uses will/are adversely impacting the agricultural and rural character of the area. The
Tribunal agrees while noting that this case dose not necessary turn on this point given
the Tribunal's finding that the proposed/existing excavation business clearly constitutes
the primary activity on the property, contrary to the second criterion of the OMAFRA
Guidelines at section 2.3.1.
[48] It should be noted that the goals of the PPS are not only to preserve individually
allotted agricultural lands within prime agricultural areas, it also aims to preserve the
continuity of agricultural lands and uses within such areas. The reason being is that a
patchwork of non-agricultural uses within prime agricultural areas, with potential to
conflict with agricultural uses, will have a cumulative effect of restricting agricultural
uses and normal farm practices on a broader scale. This is clearly contrary to the PPS.
[49] Mr. Barton also drew the Tribunal's attention to section 2.3.3 of the OMAFRA
Guidelines, where it lists examples of uses that would typically not qualify as on-farm
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diversified uses. While the Tribunal recognizes that context is always critical when
conducting this type of assessment, the list notably includes "trucking yards" as typically
not qualifying as an on-farm diversified use. While the proposed/existing "Contractor's
Yard with the storage of motor vehicles" is not the same thing as a trucking yard per se,
the Tribunal finds that it is close in the sense that KJ Excavating uses the Subject
Property to store tri-axel trucks and excavation equipment. Section 2.3.3 is therefore
instructive and provides additional clarity of the PPS's intent to discourage the type of
uses contemplated by the present Applications on the Subject Property.
[50] The Tribunal notes that Mr. Barton also considered the policies set out in section
2.3.6 of the PPS which deals with criteria associated with non-agricultural uses in prime
agricultural areas. However, as correctly pointed out by the Applicants, this section of
the PPS is not relevant in the present case because the Applicants are not proposing
that the requested OPA and ZBA should be granted on the basis of satisfying these
particular criteria.
[51] As a final comment regarding the PPS, the Tribunal notes that the PPS clearly
recognizes the preservation of agricultural lands as a priority of its policy. This principle
is consistent throughout the PPS. In the present case, the Applicants unequivocally
sacrificed at least 1.0 hectares (2.47 acres) of productive agricultural land to build a
storage building, driveway, berms and staging/parking area for the purpose of operating
their excavation business in a prime agricultural area. While it is true that the Township
previously decided to retroactively approve permits to allow construction of the building
and grading of the subject area, under the pretense that the development would serve
agricultural purposes, this Tribunal will not similarly sanction this development as part of
the present appeals. This development was clearly carried out in contravention of the
PPS's policies to preserve agricultural lands. Notwithstanding the fact that the Tribunal
finds the proposal inconsistent with the PPS for the reasons stated above, the Tribunal
also finds that any decision which has the effect of sanctioning the Applicants' already-
completed development, which sacrificed productive agricultural lands in a prime
agricultural area, would be inconsistent with the PPS's policies designed to preserve
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such lands and, accordingly, contravene section 3(5) of the Planning Act.
[52] For the reasons stated above the Tribunal finds that the Applications are clearly
inconsistent with the PPS.
Planning Act
[53] For the same reasons described above, the Tribunal finds the Applications do not
have sufficient regard for section 2 of the Planning Act, and subsection 2(b), "the
protection of the agricultural resources of the Province", in particular.
Growth Plan for the Greater Golden Horseshoe, 2020
[54] The policies within the Growth Plan provide direction on where growth should be
distributed and how it should occur regarding development, population growth and
employment. Section 4.2.6 of the Growth Plan provides policies directed towards
Agricultural Systems.
[55] Mr. Vella opined, in support of the Applicants' position, that the subject
Applications conform to the Growth Plan, specifically (purportedly) with respect to
sections 4.2.6.2 and 4.2.6.1
2. Prime agricultural areas, including specialty crop areas, will be designated in accordance
with mapping identified by the Province and these areas will be protected for long-term use for
agriculture.
3. Where agricultural uses and non-agricultural uses interface outside of settlement areas,
land use compatibility will be achieved by avoiding or where avoidance is not possible, minimizing
and mitigating adverse impacts on the Agricultural System. Where mitigation is required,
measures should be incorporated as part of the non-agricultural uses, as appropriate, within the
area being developed. Where appropriate, this should be based on an agricultural impact
assessment.
[56] The Township staff report concerning this matter concurred with Mr. Vella's
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opinion, albeit presuming that the Applicants' activities qualify as on-farm diversified
uses.
[57] Contrary to these conclusions, Mr. Barton opined that the Applications fail to
conform with the Growth Plan and policy 4.2.6.2 in particular. As stated earlier in this
decision, he takes the position, which the Tribunal has already accepted, that the
Applicants' excavation business does not constitute an on-farm diversified use. As it
relates to the Growth Plan, Mr. Barton further testified that the Applications do not
conform to the Growth Plan since the proposed Contractor's Yard supports an existing
industrial use rather than supporting an existing agricultural or agriculture-related use.
He opined that the purpose of the Applications would effectively result in a standalone
industrial use operating in a prime agricultural area.
[58] The Tribunal accepts the evidence and opinion of Mr. Barton and accordingly
finds that the Applications do not conform with the Growth Plan.
County of Simcoe Official Plan
[59] There is no dispute that the Subject Lands are designated "Agricultural" in the
County OP Land use Schedule 5.123 and are identified as "prime agricultural land" on
the OMAFRA Agricultural System agricultural land base map. In accordance with
section 3.6.5, the parties concur that prime agricultural lands, as identified by the
agricultural designation in Schedule 5.1 , should be protected for long-term agricultural
use. Section 3.6.10 directs development on Agricultural lands "wherever possible" to be
sited on a property so as to minimize adverse impacts on agriculture, natural heritage,
and cultural heritage.
[60] The Applicants purport to rely on section 3.6.6 of the County OP, which identifies
"on-farm diversified uses" as permitted within areas designated as Agricultural. As it
relates to this section of the policy, Mr. Vella again proposed that a contractor's yard, as
an on-farm diversified use, would not negatively impact the surrounding agricultural,
natural heritage, or cultural features. He characterized the developed area for the
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"contractor's yard" as "pre-existing" which, he claimed, would not consequently remove
any agricultural lands from production or impact current agricultural operations or
facilities on the subject lands. Following this reasoning, Mr. Vella concluded that the
Applications conform to the intent and purpose of the County OP. The same conclusion
was reached in the Township planning staff report regarding this matter.
[61] The Tribunal rejects these opinions for two primary reasons. First, to repeat
earlier findings, the Tribunal does not find that KJ Excavating's business operations
qualify as an "on-farm diversified use". Secondly, the Tribunal does not accept that the
area developed for the "Contractor's Yard with storage of motor vehicles" does not (or,
more accurately, did not) remove any lands from agricultural production.
[62] The evidence clearly shows that the lands beneath the new storage building,
driveway, berms and gravel staging/parking area, where KJ Excavating now operates,
were being farmed before the Applicants developed the lands. To characterize the
completed development of these lands as being "pre-existing" is to turn a blind eye to
what the Applicants did without prior approval and contrary to the relevant planning
policies.
[63] The Tribunal finds that the Applicants buried a relatively significant area of
productive agricultural lands within a prime agricultural area for uses that are not
permitted. The Tribunal does not find that the Township's earlier approval of the
Applicants' building/grading permits, on a retroactive basis, has any bearing on the
present case before the Tribunal. As stated previously, this Tribunal will not similarly
sanction the Applicants' prior unapproved development actions.
[64] In support of the Township's position, Mr. Barton testified that the County OP
separates agricultural uses from industrial uses and specifies permitted uses in each of
these designations. Among other reasons, this is done to achieve compatibility among
uses and protection of agricultural uses, lands and character. Accordingly, Mr. Barton
opined that the subject Applications are contrary to the County OP by proposing to allow
a clearly defined industrial use in an area planned and designated for agricultural uses.
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[65] The Tribunal accepts Mr. Barton's opinion and, together with the Tribunal's
findings described above, finds that the Applications fail to conform with the County OP.
Township of Oro-Medonte Official Plan
[66] There was no dispute that the Subject Property is designated "Agricultural" on
Schedule A of the Township Official Plan.
[67] Section C1.227 of the Township OP outlines the permitted uses on Agricultural
lands. Agriculture is to be the primary or principal land use, while permission may be
granted for specified other uses, including a home industry. The Applicants submitted
that KJ Excavating's business operations at the subject site constitute a home industry
pursuant to the Township's OP.
[68] Section C1.3.328 provides policy direction regarding home industries. The
Township OP defines home industries as small-scale industrial uses that are accessory
and do not detract from primary agricultural or residential uses on the property.
[69] The Applicants acknowledge that "[T]he repair, storage or sale of motor vehicles
is not considered to be a home industry" under this policy. The Applicants explained that
it is because of this policy that an OPA is being sought to allow for the storage of motor
vehicles; specifically, six tri-axel trucks that will park at the proposed contractor's yard.
[70] Section C1.3.3 provides a list of criteria to be satisfied in order for a home
industry to be permitted, subject to re-zoning. The relevant criteria include:
a)the building housing the home industry is located within the existing farm-building cluster, if
located on a farm property;
e)the type and level of traffic generated by the use is compatible with the character of the area
and the function of adjacent roads;
g) all machinery and equipment, with the exception of motor vehicles, required for the home
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industry is located within enclosed buildings; and
i)the home industry has a limited number of employees.
[71] As it relates to the definition of home industry, the Tribunal accepts the evidence
and opinion of Mr. Barton, insofar as KJ Excavating's business operations at the subject
site do not constitute a home industry because it is not a small-scale industrial
operation, it is not "accessory" to the primary agricultural uses on the property, and,
instead, it detracts from primary agricultural uses on the property.
[72] As it relates to the above criteria, the Tribunal further accepts the evidence and
opinion of Mr. Barton, as follows:
• Contrary to criterion a), the storage building and parking/staging area are not
located within the existing farm-building cluster.
• Contrary to criterion e), there will be at least 8 employee vehicles travelling to
and from the Subject Property on a daily basis (based on the number of parking
spaces proposed for employee parking), in addition to the daily transportation of
the business' heavy vehicles and trailers. This is not compatible with the
surrounding community which is characterized by agricultural uses and single
detached dwellings used for residential purposes;
• Contrary to criterion g), the Applicants' proposal does not require all machinery
and equipment to be located within enclosed buildings. In fact, in an effort to
shrink the relative size of the area proposed for the OPA and ZBA, the Applicant
specifically excluded the only building capable of housing the business'
machinery and equipment within the subject development cluster; and
• Contrary to criterion i), 8 full-time employees is more than "a limited number of
employees", especially given that this is substantially more than the number of
people required to manage the present agricultural operations.
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[73] The Tribunal rejects Mr. Vella's opinion that the proposed contractor's yard will
not impact or remove agricultural lands from production because, as stated above, the
development has already removed at least 1 hectare (2.47 acres) of agricultural lands
from production.
[74] For the reasons stated above, the Tribunal also rejects the conclusions of the
Township Planning Staff Reports insofar as it found that the proposed OPA and ZBA
,'meet the goals and objectives of the Agricultural Designation and also meets the
intentions proposed for Home industry".
[75] In summary, for the reasons stated above, the Tribunal finds that the Applications
fail to conform with the Township OP.
Township of Oro-Medonte Zoning By-law
[76] Section 6.0 of the Township's Zoning By-Law provides that "Contractors Yard
means an area of land where equipment and materials used by a building and/or
excavating contractor are stored and/or where a contractor performs shop or assembly
work."
[77] Table A3 of the Township's Zoning By-Law indicates that a Contractor's Yard is
considered an Industrial use that is permitted in the Township's Rural Industrial (IR) and
Economic Development (ED) zones.
[78] Mr. Barton opined that, while a Contractor's Yard is a permitted use in certain
zones within the Township, it is clear that the Township's Zoning By-law does not
contemplate a "Contractor's Yard with the storage of motor vehicles" as a permitted use
in the Agricultura/Rural (A/RU) area. The Tribunal finds same.
Summary and Conclusions
[79] In summary, the Tribunal finds in favour of the Township and accepts the
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evidence and opinion of its expert in land use planning, Mr. Barton, insofar as the
Tribunal finds that proposed/existing "Contractor's Yard with the storage of motor
vehicles", operating as KJ Excavating on the Subject Property since 2018 or shortly
thereafter, does not qualify as an "on-farm diversified use" or "home industry" pursuant
to the PPS and applicable policy plans. The proposed/existing use is therefore not
appropriate on the Subject Property being in a prime agricultural area. The Tribunal
finds that the incompatible impact of this use has already been documented by local
residents.
[80] The Tribunal further finds that these Applications are an attempt to exploit a
limited exception in the applicable agricultural protection policies to legitimize the
actions of the Applicants insofar as they have relocated an existing industrial operation,
previously and appropriately located in an industrial area, to a prime agricultural area.
[81] In conclusion, the Tribunal finds that the Applications are not consistent with the
PPS, as informed by the intent of the OMAFRA Guidelines, and similarly do not have
appropriate regard for matters of provincial interest. In addition, the Applications do not
conform to the Growth Plan, the County's Official Plan nor the Township's Official Plan
with respect to the permitted uses in prime agricultural areas. In short, the Applications
represent bad planning and are not in the public interest. Lastly, the Tribunal notes that,
in coming to its decision, it has had due regard for the Township's decision to twice
refuse these and similar Applications by the Applicants.
ORDER
[82] THE TRIBUNAL ORDERS that:
1 . the appeal pursuant to s. 22(7) of the Planning Act is dismissed and the
requested amendment to the Official Plan for the Township of Oro-Medonte
is refused.
2. the appeal pursuant to s. 34(11) of the Planning Act is dismissed and the
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requested amendment to By-law No. 97-95 is refused.
X.R. Andrews"
K.R. ANDREWS
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local
Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and
continued as the Ontario Land Tribunal ("Tribunal"). Any reference to the preceding
tribunals or the former Ontario Municipal Board is deemed to be a reference to the
Tribunal.
Page 113 of 117
16.a) Correspondence dated December 20, 2022 from Ninette Gyorody, Execu...
From: Ninette Gyorody <executivedirector(a-)orilliamuseum.orq>
Sent: December 20, 2022 8:00 AM
To: Cooper, Vanessa <vcooper(a-)oro-medonte.ca>
Subject: [External] TICKETS AVAILABLE: OMAH Winter Gala: A Celebration of Canadian History
January event
This email originated from outside of Oro-Medonte's email system. Please use proper judgment
and caution when opening attachments, clicking links, or responding to this email.
Good morning Mayor and Council,
On behalf of the Orillia Museum of Art & History, I would like to invite you to consider sponsoring our
signature event, the OMAH Winter Gala: A Celebration of Canadian History. The event will take
place on Saturday, January 21 , 2023 at Hawk Ridge Golf Club. We are pleased to have a guest
speaker with local roots, Dr. Rita Shelton Deverell, Lakehead University's 10th chancellor. Dr.
Deverell's talk, entitled Honouring Thy Neighbour's Histories, will be engaging and thought-provoking.
Dr. Deverell is also an independent scholar, author, as well as a theatre and media artist. In 2022 she
was honoured with the Governor General's Performing Arts Award, Lifetime Achievement in
Broadcasting. She and her husband Rex, who grew up in Orillia, have made their home in Oro-
Medonte for 29 years.
Funds raised from this event will support OMAH's endowment fund for long term sustainability as well
as programs for children and youth.
You can click on the link below to purchase:
OMAH WINTER GALA TICKETS
Alternatively, if you are unable to attend the event, but would like to purchase tickets as a way
to support the museum and the community, we would be pleased to offer those tickets to
students of the Humanities 101 program at Lakehead University.
Thank you for your consideration.
With gratitude,
Ninette
Ninette Gyorody
Executive Director
Orillia Museum of Art & History
30 Peter Street South, Orillia, Ontario, L3V 5A9
705-326-2159 ext 101
www.orilliamuseum.org
FAKI�` I
ORILLIA MUSEUM OF ART & HISTORY
Page 114 of 117
18.a) 2023-003, A By-Law to Amend By-Law 2017-165, Being a By-law to Gov...
The Corporation of the Township of Oro-Medonte
By-Law No. 2023-003
A By-law to Amend By-Law 2017-165, Being a By-Law to Govern the
Proceedings of Council and Committees/Technical Support Groups
of Council in the Township of Oro-Medonte
(Procedural By-law)
Whereas Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
states that every municipality and local board shall pass a procedure by-law for
governing the calling, place and proceedings of meetings.
And Whereas Section 238(2.1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended states that the procedure by-law shall provide for public notice of meetings.
And Whereas the Township of Oro-Medonte By-law No. 2017-165, being a by-law to
govern the proceedings of Council and Committees/Technical Support Groups of
Council in the Township of Oro-Medonte was passed under the authority of the
Municipal Act, 2001, S.O. 2001, c.25, Section 238(2).
And Whereas the Council of the Corporation of the Township of Oro-Medonte deems it
expedient to amend By-law No. 2017-165, as amended, so that Council may reflect the
current practices, procedures and statutory requirements of Council and Committees/
Technical Support Groups of Council.
And Whereas the Council of the Corporation of the Township of Oro-Medonte passed
Motion No. C221214-19 at its December 14, 2022 Council meeting
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That Schedule "A"to By-law 2017-165 be amended as follows:
3.2 Regular Meeting Schedule of Council
That Section 3.2, b), c), d), and e) be replaced with the following:
b) Council Meetings to commence at 3:00 p.m. with the Closed Session to
commence immediately following the opening of the meeting. The public
session (Open Session)shall reconvene immediately following Closed
Session. Any unfinished Closed Session matters may be carried forward to
the Closed Session Items (Unfinished Items)towards the end of the meeting
agenda.
c) During the months of July and August, a Council meeting shall be held on the
Wednesday of the week, in which the 15t" day falls between Sunday and
Saturday. These meetings to commence at 9:00 a.m. with the Closed
Session to commence immediately following the opening of the meeting.
The public session (Open Session)shall reconvene immediately following
Closed Session. Any unfinished Closed Session matters may be carried
forward to the Closed Session Items (Unfinished Items)towards the end of
the meeting agenda.
d) During the month of December, meetings shall be held as follows:
i. The meeting on the second Wednesday of the month to commence at
9:00 a.m. with Closed Session to commence immediately following the
opening of the meeting. The public session (Open Session)shall
reconvene immediately following Closed Session. Any unfinished Closed
Session matters may be carried forward to the Closed Session Items
(Unfinished Items)towards the end of the meeting agenda.
ii. On the third Wednesday, a regular Council meeting may be dedicated to
Recognition at a time confirmed with the Head of Council.
iii. There shall be no meeting the fourth Wednesday of the month.
Page 115 of 117
18.a) 2023-003, A By-Law to Amend By-Law 2017-165, Being a By-law to Gov...
e) With the exception of c) and d) in the absence of a scheduled closed session
the public session (open session)shall commence at 3:00 p.m.
2. This By-law shall take effect December 14, 2022.
By-law read a First, Second and Third time, and Passed this 11t" day of January,
2023.
The Corporation of the Township of Oro-Medonte
Mayor, Randy Greenlaw
Clerk, Yvonne Aubichon
Page 116 of 117
20.a) 2023-004, Being a by-law to confirm the proceedings of the Council...
The Corporation of the Township of Oro-Medonte
By-Law No. 2023-004
Being a By-Law to Confirm the Proceedings of the Council Meeting held on
Wednesday, January 11,2023
Whereas Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides
that the powers of the Municipal Council shall be exercised by By-Law, unless the
municipality is specifically authorized to do otherwise;
And Whereas The Council of The Corporation of the Township of Oro-Medonte deems
it expedient that the proceedings at this Council Meeting be confirmed and adopted by
By-Law;
Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby
enacts as follows:
1. That the actions of the Council at its Council Meeting held on Wednesday, January
11, 2023, and in respect to each Motion, Resolution and other actions passed and
taken by the Council at its said Meeting is, except where prior approval of the
Ontario Land Tribunal is required, hereby adopted, ratified and confirmed.
2. That the Mayor and the proper Officials of the Township are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary on
behalf of the Council of the Corporation of the Township of Oro-Medonte.
3. That the Mayor/Chair and Clerk/Designate are hereby authorized and directed to
execute and affix the corporate seal to all necessary documents.
4. And That this by-law shall come into force and take effect on the final passing
thereof.
__ X Aso, X
By-Law Read a First, Second and Third time, and Passed this 11t" day of January,
2023.
The Corporation of the Township of Oro-Medonte
Mayor, Randy Greenlaw
Clerk,Yvonne Aubichon
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