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02 08 2023 Council MinutesTownskip o� Proud Heritage, Exciting Future Wednesday, February 8, 2023 The Township of Oro-Medonte Council Meeting Minutes Electronic Hybrid Meeting 2022-2026 Council Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young 3:00 p.m. Staff Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Present: Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Tamara Obee, Director, Human Resources; Nelly Morrow, Director, Finance/Chief Financial Officer; Derek Witlib, Acting Director, Development Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) All Council and staff participated via Zoom platform. 1. Call to Order - Moment of Reflection: Mayor Greenlaw assumed the Chair at the above noted time and called the meeting 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 [0-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. Page 1 of 11 Council Meeting Minutes — Wednesday, February 8, 2023. 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. C230208-1 Moved by Lavoie, Seconded by Young Be it resolved that the agenda for the Council meeting of Wednesday, February 8, 2023 be received and adopted, as amended to revise Item 4c) to read as follows: 4c) Robin Dunn, CAO re: Litigation affecting the Municipality/Solicitor-client privilege (Legal Update, Cannabis, Zone 1 Water, Short Term Rentals). Carried. Motion No. C230208-2 Moved by Clark, Seconded by Lavoie 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, if necessary. Carried. 3. Disclosure of Pecuniary Interest: Councillor Schell declared a conflict of interest on a portion of Item 4c) Robin Dunn, CAO re: Litigation affecting the Municipality/Solicitor-client privilege (Legal Update, Cannabis, Zone 1 Water, Short Term Rentals), as he owns a Bed and Breakfast (B&B). Page 2 of 11 Council Meeting Minutes — Wednesday, February 8, 2023. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C230208-3 Moved by Bard, Seconded by Clark Be it resolved that we do now go in Closed Session at 3:04 p.m. to discuss • Litigation affecting the municipality; Solicitor -client privilege (Legal Update; Cannabis, Zone 1 Water, Short Term Rentals); • Litigation affecting the municipality (2012-SUB-03, Part of Lot 24, Concession 8, OLT Case No.: OLT-22-004811); • Labour relations/employee negotiations (Collective Agreement). Carried. b) Motion to Rise and Report. Motion No. C230208-4 Moved by Lavoie, Seconded by Hutcheson Be it resolved that we do now Rise at 5:38 p.m. at which time we shall Report on the Closed Session Items 4 c) Robin Dunn, CAO re: Litigation affecting the Municipality/Solicitor-client privilege (Legal Update, Cannabis, Zone 1 Water, Short Term Rentals); d) Derek Witlib, Acting Director, Development Services; and Michelle Jakobi, Director, Environmental Services re: Litigation affecting the Municipality (2012-SUB-03, Part of Lot 24, Concession 8, OLT Case No.: OLT-22-004811); e) Robin Dunn, CAO; and Tamara Obee, Director, Human Resources re: Labour relations/employee negotiations (Collective Bargaining). Carried. 8. Deputations/Presentations: a) Presentation by John Mascarin, Aird & Berlis LLP re: Municipal Restructuring Presentation. Motion No. C230208-5 Moved by Hutcheson, Seconded by Schell Be it resolved that the PowerPoint presentation provided by John Mascarin, Aird & Berlis LLP re: Municipal Restructuring Presentation be received. Carried. Page 3 of 11 Council Meeting Minutes — Wednesday, February 8, 2023. 4. Closed Session Items: (continued) c) Robin Dunn, CAO re: Litigation affecting the Municipality/Solicitor-client privilege (Legal Update, Cannabis, Zone 1 Water, Short Term Rentals). Councillor Schell declared a conflict of interest on the second portion of Item 4c) Robin Dunn, CAO re: Litigation affecting the Municipality/Solicitor-client privilege (Legal Update, Cannabis, Zone 1 Water, Short Term Rentals), as he owns a Bed and Breakfast (B&B). Councillor Schell left the room during the Closed Session discussion and pushed back from his seat during the vote and did not participate in the discussion or vote of this item. The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Derek Witlib, Acting Director, Development Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Jenny Legget, Communications & Public Relations Officer; Chris Williams and Andrea Skinner, Aird & Berlis LLP; Jason Scharapenko, Information Technology Technician (IT). Motion No. C230208-6 Moved by Schell, Seconded by Bard Be it resolved 1. That the confidential memorandum correspondence dated February 3, 2023 from Chris Williams and Andrea Skinner, Aird & Berlis LLP and confidential verbal information presented by Robin Dunn, CAO, Chris Williams and Andrea Skinner, Aird & Berlis LLP re: Litigation affecting the Municipality/Solicitor-client privilege (Legal Update, Cannabis, Zone 1 Water) be received. 2. That staff and legal counsel proceed with the leave to appeal and the review request of the tribunal decision of January 25 with respect to cannabis. Carried. Motion No. C230208-7 Moved by Clark, Seconded by Young Be it resolved 1. That the confidential memorandum correspondence dated February 3, 2023 from Chris Williams and Andrea Skinner, Aird & Berlis LLP and confidential verbal information presented by Robin Dunn, CAO, Chris Williams and Andrea Skinner, Aird & Berlis LLP re: Litigation affecting the Municipality/Solicitor-client privilege (Legal Update, Short Term Rentals) be received. 2. That staff and legal counsel proceed with the leave to appeal and refrain from participating in negotiations/mediations at this time re: Short Term Rentals. Carried. Page 4 of 11 Council Meeting Minutes — Wednesday, February 8, 2023. d) Derek Witlib, Acting Director, Development Services; and Michelle Jakobi, Director, Environmental Services re: Litigation affecting the Municipality (2012-SUB-03, Part of Lot 24, Concession 8, OLT Case No.: OLT-22-004811). The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Derek Witlib, Acting Director, Development Services; Michelle Jakobi, Director, Environmental Services; Jenny Legget, Communications & Public Relations Officer; Jason Scharapenko, Information Technology Technician (IT). Motion No. C230208-8 Moved by Hutcheson, Seconded by Lavoie Be it resolved 1. That DS2023-007, Derek Witlib, Acting Director, Development Services; and Michelle Jakobi, Director, Environmental Services re: Litigation affecting the Municipality (2012- SUB-03, Part of Lot 24, Concession 8, OLT Case No.: OLT-22-004811) be received and adopted. 2. That Draft Plan Conditions for Application 2012-SUB-03 (Baxters Place) be imposed which allow for an off-line, underground water storage for fire -fighting water supply. 3. That the Township provide representation (Planning staff, Environmental Services staff and Township solicitor) at an Ontario Land Tribunal (OLT) hearing, if required. 4. That Draft Plan Approval for Application 2012-SUB-03 (Baxters Place) be extended for a period of one (1) year. 5. And that the applicant be advised of the Council's decision under the Acting Director, Development Services' signature. Carried. e) Robin Dunn, CAO; and Tamara Obee, Director, Human Resources re: Labour relations/employee negotiations (Collective Bargaining). The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Tamara Obee, Director, Human Resources; Donna Hewitt, Director, Corporate Services. Motion No. C230208-9 Moved by Young, Seconded by Schell Be it resolved 1. That the confidential information presented by Robin Dunn, CAO; and Tamara Obee, Director, Human Resources re: Labour relations/employee negotiations (Collective Bargaining) be received. 2. That staff proceed as outlined. Carried. Page 5 of 11 Council Meeting Minutes — Wednesday, February 8, 2023. 5. Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday, January 25, 2023. Motion No. C230208-10 Moved by Lavoie, Seconded by Clark Be it resolved that the draft minutes of the Council meeting held on Wednesday, January 25, 2023 be received and adopted as printed and circulated. Carried. 6. Recognition of Achievements: None. 7. Public Meetings: None. 9. Identification From the Public of an Agenda Item of Interest: None. 10.Open Forum: None. 11.Reports of Municipal Officers for Action: None. 12.Reports of Municipal Officers for Information Only: None. 13.Reports of Members of Council: a) Updates from Council Representatives and Agencies. The following members of Council provided Schell. — County of Simcoe and Township Partners updates: Deputy Mayor Lavoie; Councillor Page 6 of 11 Council Meeting Minutes — Wednesday, February 8, 2023. 14.Announcements: The following members of Council provided Announcements: Mayor Greenlaw; Councillor Hutcheson. 15. Consent Agenda: a) Announcements of Interest to the Public: 1. Township of Oro-Medonte, 2023 Oro-Medonte Citizen of the Year and Ontario Senior of the Year Nomination Notice, Deadline Friday, March 10, 2023, 12:OOp.m. (Noon). 2. Township of Oro-Medonte, Office Closure Notice, Monday, February 20, 2023, Family Day. b) Correspondence from Severn Sound Environmental Association (SSEA) re: 2022 4th Quarter (Oct. 1 - Dec. 31) Report/Update. Staff Recommendation: Receive for Information Only. c) Minutes of Nottawasaga Valley Conservation Authority dated November 25, 2022. Staff Recommendation: Receive for Information Only. d) Minutes of Lake Simcoe Region Conservation Authority meeting held on December 16, 2022. Staff Recommendation: Receive for Information Only. e) Correspondence dated January 25, 2023 from Township of Petrolia re: Request for Support, Election Process on Behalf of School Boards. Staff Recommendation: Receive, Support, Advise under Mayor's Signature. f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (OLT) re: Carmel Pharms Corp., 10982377 Canada Inc., 2541005 Ontario Limited, OLT-22-002249 (Formerly PL200194). Staff Recommendation: Receive for Information Only. g) Correspondence dated February 1, 2023 from Orillia Public Library re: Township of Oro- Medonte Statistics: January 2023. Staff Recommendation: Receive for Information Only. Page 7 of 11 Council Meeting Minutes — Wednesday, February 8, 2023. Motion No. C230208-11 Moved by Clark, Seconded by Lavoie Be it resolved that the staff recommendation with respect to the item listed under "Consent Agenda Correspondence" be adopted as printed: a) Announcements of Interest to the Public: 1. Township of Oro-Medonte, 2023 Oro-Medonte Citizen of the Year and Ontario Senior of the Year Nomination Notice, Deadline Friday, March 10, 2023, 12:OOp.m. (Noon). 2. Township of Oro-Medonte, Office Closure Notice, Monday, February 20, 2023, Family Day. b) Correspondence from Severn Sound Environmental Association (SSEA) re: 2022 4th Quarter (Oct. 1 - Dec. 31) Report/Update. Received for Information Only. c) Minutes of Nottawasaga Valley Conservation Authority dated November 25, 2022. Received for Information Only. d) Minutes of Lake Simcoe Region Conservation Authority meeting held on December 16, 2022. Received for Information Only. e) Correspondence dated January 25, 2023 from Township of Petrolia re: Request for Support, Election Process on Behalf of School Boards. Received, Supported, Advised under Mayor's Signature. f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (OLT) re: Carmel Pharms Corp., 10982377 Canada Inc., 2541005 Ontario Limited, OLT-22-002249 (Formerly PL200194). Received for Information Only. g) Correspondence dated February 1, 2023 from Orillia Public Library re: Township of Oro- Medonte Statistics: January 2023. Received for Information Only. Carried. Page 8 of 11 Council Meeting Minutes — Wednesday, February 8, 2023. 16. Communications/Petitions: a) Correspondence dated January 23, 2023 from Ryan Post, Nottawasaga Valley Conservation Authority (NVCA); and Bill Thompson, Lake Simcoe Region Conservation Authority (LSRCA) re: Township of Oro-Medonte Assessment Report Amendment under Section 34 of the Clean Water Act: Summary and Rationale for Changes and Request for Council Endorsement. Motion No. C230208-12 Moved by Bard, Seconded by Hutcheson Be it resolved 1. That the correspondence dated January 23, 2023 from Ryan Post, Nottawasaga Valley Conservation Authority (NVCA); 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 Request for Council Resolution be received. 2. That Council endorse the proposed amendments to the Oro-Medonte chapters of the Nottawasaga Valley Assessment Report, 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 January 23, 2023. 3. That the NVCA be advised of Council's decision under the Director, Environmental Services' signature. Carried. 17.Notice of Motions: a) Brought by Councillor Clark, January 25, 2023 Notice of Motion for February 8, 2023 Council Meeting To be dealt with at the February 22, 2023 Council meeting Be it resolved that all Development Services Committee meetings; and Regular, Special, and Public Council meetings, held in the Council Chambers at the Township's Administration Centre, be livestreamed to improve transparency and communications with the public. That the livestreams be available for viewing on the Township's YouTube channel indefinitely, providing constituents with the opportunity to engage in the municipal democratic process and watch the meetings at their convenience. And Further That Motion Nos. C200212-13, C220112-21 and C220112-22 be rescinded in their entirety. Page 9 of 11 Council Meeting Minutes — Wednesday, February 8, 2023. 18. By -Laws: a) 2023-009: A By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers and to Repeal By-law Nos. 2022-038, 2021-054 and any other applicable by-law enacted to Appoint Municipal Law Enforcement Officer/Provincial Offences Officers, "Appointment By-law. b) 2023-010: A By -Law for the Transfer of Assets to the Municipal Services Corporation. Motion No. C230208-13 Moved by Schell, Seconded by Young Be it resolved that a) 2023-009: A By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers and to Repeal By-law Nos. 2022-038, 2021-054 and any other applicable by-law enacted to Appoint Municipal Law Enforcement Officer/Provincial Offences Officers, "Appointment By-law. b) 2023-010: A By -Law for the Transfer of Assets to the Municipal Services Corporation. 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. 20.Confirmation By -Law: a) 2023-011: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, February 8, 2023. Motion No. C230208-14 Moved by Young, Seconded by Bard Be it resolved that By -Law No. 2023-011: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, February 8, 2023 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 10 of 11 Council Meeting Minutes — Wednesday, February 8, 2023. 21.Adjournment: a) Motion to Adjourn. Motion No. C230208-15 Moved by Hutcheson, Seconded by Schell Be it resolved that we do now adjourn at 6:26 p.m. Mayor, Randy Greenlaw CIelt) Yvonne Aubichon Carried. Page 11 of 11