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02 08 2023 Council Agenda The Township of Oro-Medonte Council Meeting Agenda Electronic Hybrid Meeting _,,as Township of Wednesday, February 8, 2023 3:00 p.m. - Open Session Proud Heritage,Exciting Future Closed Session following Item 3 Open Session immediately following Closed 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 94 Council Meeting Agenda - February 08, 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/Solicitor-client privilege (Legal Update, Cannabis, Zone 1 Water, Short Term Rentals). [Addenda] 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). 5. Minutes of Council and Committees: 6 - 15 a) Minutes of Council meeting held on Wednesday, January 25, 2023. 6. Recognition of Achievements: None. Page 2 of 94 Council Meeting Agenda - February 08, 2023 7. Public Meetings: None. 8. Deputations/Presentations: 16 - 44 a) Presentation by John Mascarin, Aird & Berlis LLP re: Municipal Restructuring Presentation. 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: None. 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. 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: 15. Consent Agenda: 45 - 46 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, 12-00p.m. (Noon). 2. Township of Oro-Medonte, Office Closure Notice, Monday, February 20, 2023, Family Day. Page 3 of 94 Council Meeting Agenda - February 08, 2023 47 - 53 b) Correspondence from Severn Sound Environmental Association (SSEA) re: 2022 4th Quarter (Oct. 1 - Dec. 31) Report/Update. Staff Recommendation: Receive for Information Only. 54 - 59 c) Minutes of Nottawasaga Valley Conservation Authority dated November 25, 2022. Staff Recommendation: Receive for Information Only. 60 - 65 d) Minutes of Lake Simcoe Region Conservation Authority meeting held on December 16, 2022. Staff Recommendation: Receive for Information Only. 66 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. 67 - 81 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. 82 g) Correspondence dated February 1 , 2023 from Orillia Public Library re: Township of Oro-Medonte Statistics: January 2023. Staff Recommendation: Receive for Information Only. 16. Communications/Petitions: 83 - 87 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. 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. Page 4 of 94 Council Meeting Agenda - February 08, 2023 And Further That Motion Nos. C200212-13, C220112-21 and C220112-22 be rescinded in their entirety. 18. By-Laws: 88 - 90 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. 91 - 93 b) 2023-010- A By-Law for the Transfer of Assets to the Municipal Services Corporation. 19. Closed Session Items (Unfinished Items): 20. Confirmation By-Law: 94 a) 2023-011: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, February 8, 2023. 21. Adjournment: a) Motion to Adjourn. Page 5 of 94 5.a) Minutes of Council meeting held on Wednesday, January 25, 2023. The Township of Oro-Medonte Council Meeting Minutes T°,�nsh�p°f te Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, January 25, 2023 3:02 p.m. 2022-2026 Council Present: Mayor Randy Greenlaw Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Deputy Mayor/ Councillor Peter Lavoie Councillor Richard Schell Councillor Robert Young NL, A&\ Staff Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Present: Hewitt, Director, Corporate Services; Michelle Jakobi, Director, Environmental Services; Shawn Binns, Director, Operations and Community Services; Nelly Morrow, Director, Finance/Chief Financial Officer; Derek Witlib, Acting Director, Development Services; Jennifer Whitley, Economic Development/Communications Advisor; Jenny Legget, Communications & Public Relations 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. 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 Page 1 of 10 Page 6 of 94 5.a) Minutes of Council meeting held on Wednesday, January 25, 2023. Council Meeting Minutes — Wednesday, January 25, 2023. 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. C230125-1 Moved by Young, Seconded by Clark Be it resolved that the agenda for the Council meeting of Wednesday, January 25, 2023 be received and adopted, as amended, to add as Item 4e) Donna Hewitt, Director, Corporate Services re: Information explicitly supplied in confidence to the municipality (Grant Funding Agreement). Carried. Motion No. C230125-2 Moved by Hutcheson, 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 Interes. None declared. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C230125-3 WO' Moved by Bard, Seconded by Young Be it resolved that we do now go in Closed Session at 3.05 p.m. to discuss • Litigation affecting the municipality; Solicitor-client privilege (Legal Update, Cannabis, Short Term Rentals); • Personal matters about an identifiable individual (Heritage Committee Applications); • Information explicitly supplied in confidence to the municipality (Grant Funding Agreement). Carried. Page 2 of 10 Page 7 of 94 5.a) Minutes of Council meeting held on Wednesday, January 25, 2023. Council Meeting Minutes — Wednesday, January 25, 2023. b) Motion to Rise and Report. Motion No. C230125-4 Moved by Clark, Seconded by Schell Be it resolved that we do now Rise at 5.04 p.m. and Report on the Closed Session Items 4 c) Robin Dunn, CAO re: Litigation affecting the municipality; Solicitor-client privilege (Legal Update, Cannabis, Short Term Rentals); d) Derek Witlib, Acting Director, Development Services re: Personal matters about an identifiable individual (Heritage Committee Applications); e) Donna Hewitt, Director, Corporate Services re: Information explicitly supplied in confidence to the municipality (Grant Funding Agreement). 46 Carried. c) Robin Dunn, CAO re: Litigation affecting the municipality; Solicitor-client privilege (Legal Update, Cannabis, Short Term Rentals). The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Michelle Jakobi, Director, Environmental 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; Jennifer Whitley, Economic Development/Communications Advisor (a portion); Chris Williams, David Reiter, Meaghan Barrett, Aird & Berlis LLP. Motion No. C230125-5 I%L Moved by Lavoie, Seconded by B Be it resolved it 1. That the confidential correspondence dated January 23, 2023 from David Reiter, Aird & Berlis LLP and confidential verbal information presented by Robin Dunn, CAO; Chris Williams and David Reiter, Aird & Berlis LLP and Derek Witlib, Acting Director, Development Services re: Litigation affecting the municipality; Solicitor-client privilege (Legal Update, Cannabis, Short Term Rentals) be received. 2. That staff and legal counsel continue to proceed with prosecutions. Carried. Page 3 of 10 Page 8 of 94 5.a) Minutes of Council meeting held on Wednesday, January 25, 2023. Council Meeting Minutes — Wednesday, January 25, 2023. d) Derek Witlib, Acting Director, Development Services re: Personal matters about an identifiable individual (Heritage Committee Applications). The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Derek Witlib, Acting Director, Development Services. Motion No. C230125-6 Moved by Schell, Seconded by Hutcheson Be it resolved A*#k, 1. That the confidential correspondence presented by Derek Witlib, Acting Director, Development Services re: Personal matters about an identifiable individual (Heritage Committee Applications) be received. 2. That staff be directed to coordinate a Hiring Panel with Councillor Hutcheson and Councillor Schell, to conduct applicable interviews and report back to Council. Carried. &bib, Ne e) Donna Hewitt, Director, Corporate Services re: Information explicitly supplied in confidence to the municipality (Grant Funding Agreement). The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Michelle Jakobi, Director, Environmental Services; Shawn Binns, Director, Operations and Community Services; Derek Witlib, Acting Director, Development Services; Jennifer Whitley, Economic Development/Communications Advisor; Jenny Legget, Communications & Public Relations Officer. Motion No. C230125- Moved by Clark, Seconded by Schell'' Be it resolved 1. That the confidential agreement presented by Donna Hewitt, Director, Corporate Services re: Information explicitly supplied in confidence to the municipality (Grant Funding Agreement) be received. 2. That the Mayor and staff be authorized to execute the agreement as presented. Carried. Page 4 of 10 Page 9 of 94 5.a) Minutes of Council meeting held on Wednesday, January 25, 2023. Council Meeting Minutes — Wednesday, January 25, 2023. 5. Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday, January 11, 2023. b) Minutes of Special Council meeting held on Thursday, January 12, 2023. Motion No. C230125-8 Moved by Bard, Seconded by Clark Be it resolved that the draft A#6, a) Minutes of Council meeting held on Wednesday, January 11, 2023; b) Minutes of Special Council meeting held on Thursday, January 12, 2023; be received and adopted as printed and circulated. Carried. 6. Recognition of Achievers None. 7. Public Meetings: None. 11. Reports of Municipal Officers for Action: b) CS2023-03, Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk re: Oro-Medonte Citizen and Ontario Senior of the Year Awards' Process. Motion No. C230125t,"Wff Moved by Clark, Seconded by Young Be it resolved 1. That CS2023-03, Janette Teeter, Deputy Clerk re: Oro-Medonte Citizen and Ontario Senior of the Year Awards' Process be received and adopted. 2. That the Vote by Mail process be implemented permanently. Carried. Page 5 of 10 Page 10 of 94 5.a) Minutes of Council meeting held on Wednesday, January 25, 2023. Council Meeting Minutes — Wednesday, January 25, 2023. c) ES2023-02, Robin Dunn, CAO re: Municipal Services Corporation (MSC) — Council Required Execution of Documents for MSC Operationalization. Motion No. C230125-10 Moved by Schell, Seconded by Bard Be it resolved 1. That ES2023-02, Robin Dunn, CAO re: Municipal Services Corporation (MSC) — Council Required Execution of Documents for MSC Operational ization be received and adopted. 2. That the appropriate draft by-law be brought forward on February 8th, 2023 for the transfer of Environmental Services Assets, effective January 31, 2023. 3. And further that, Robin Dunn, CAO\CEO of MSCs execute required documents, as provided by Aird & Berlis, LLP. Carried. 9. Identification From the Public of an Agenda Item of Interest: None. 10. Open Forum: None. 13. Reports of Members of Counci_ a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. 'X Va The following member of Council provided updates: Deputy Mayor Lavoie. 14. Announcements:41 The following members of Council provided announcements: Councillors Hutcheson and Clark. Page 6 of 10 Page 11 of 94 5.a) Minutes of Council meeting held on Wednesday, January 25, 2023. Council Meeting Minutes — Wednesday, January 25, 2023. 8. Deputations/Presentations: a) Deputation by Harry Hughes and Carolynn Wilson re: Oro African Church Initiatives. Motion No. C230125-11 Moved by Hutcheson, Seconded by Lavoie Be it resolved 1. That the deputation by Harry Hughes and Carolynn Wilson re: Oro African Church Initiatives be received. 2. That Section 14.8 o) of the Procedural By-Law No. 2017-165 be waived. 3. That the presenters be encouraged to work with the Oro Freedom Institute to review opportunities for collaboration. 4. That the presenters develop a draft terms of reference for the proposed "Friends of the Oro African Church" for future consideration. IV 11� Carried. b) Deputation by Jamie Robinson, Partner, MHBC Planning, Urban Design & Landscape Architecture re: County of Simcoe Official Plan Amendment No. 7, 1685 Ridge Road West - Inclusion in the Shanty Bay Settlement Area. Motion No. C230125-12 Moved by Young, Seconded by Hutcheson Whereas the deputation presented by Jamie Robinson, Partner, MHBC Planning, Urban Design & Landscape Architecture re: County of Simcoe Official Plan Amendment No. 7, 1685 Ridge Road West - Inclusion in the Shanty Bay Settlement Area be received. And Whereas that Section 14.8 o) of the Procedural By-Law No. 2017-165 be waived. And Whereas the correspondence dated December 12, 2022 from the Minister of Municipal Affairs and Housing invites feedback from municipalities by February 3, 2023 on growth matters including future Settlement Area Boundary delineations with respect to Simcoe County Official Plan Amendment No. 7; And Whereas the Township has received multiple requests for Settlement Area boundary adjustments during the course of the Township's Official Plan Review; And Whereas it is appropriate that all of the Settlement Area boundary adjustment requests be reviewed and considered comprehensively in context to the Minister's letter; Now Therefore be it resolved that the Township submit comments to the Province before the February 3, 2023 deadline, under the Mayor's signature, requesting additional time to comprehensively review and assess potential Settlement Area boundary delineations. Carried. Page 7 of 10 Page 12 of 94 5.a) Minutes of Council meeting held on Wednesday, January 25, 2023. Council Meeting Minutes — Wednesday, January 25, 2023. 11.Reports of Municipal Officers for Action: a) CS2023-04, Jennifer Whitley, Economic Development/Communications Advisor re: Economic Development: 2022 Accomplishments & Draft 2023-2027 Economic Development Strategy. Motion No. C230125-13 Moved by Lavoie, Seconded by Schell Be it resolved 1. That CS2023-04, Jennifer Whitley, Economic Development/Communications Advisor re: Economic Development: 2022 Accomplishments & Draft 2023-2027 Economic Development Strategy be received and adopted. 2. That the draft 2023-2027 Economic Development Strategy Update be approved. 3. That staff share the Strategy with stakeholders, businesses and the Oro-Medonte community. 4. That staff report back with the 2023 Work Plan. Carried. 12.Reports of Municipal Officers for Information Only: a) Introduction to Budget Process:"" 1. Nelly Morrow, Director, Finance/Chief Financial Officer re: Introduction to Municipal Budgeting; 2. Lynne Cunningham, Regional Manager; and Nicole LaFrance, Account Manager, Municipal Property Assessment Corporation (MPAC) re: MPAC 101, Property Assessment in Ontario; b. 3. Shawn Binns, Director, Operations and Community Services re: Tendering Roads, Bridges and Other Infrastructure. Motion No. C230125-14 Moved by Young, Seconded by Lavoie Be it resolved that the report, as listed under Item #12, Reports of Municipal Officers for Information Only, be received: a) Introduction to Budget Process: 1 . Nelly Morrow, Director, Finance/Chief Financial Officer re: Introduction to Municipal Budgeting; 2. Lynne Cunningham, Regional Manager; and Nicole LaFrance, Account Manager, Municipal Property Assessment Corporation (MPAC) re: MPAC 101, Property Assessment in Ontario; 3. Shawn Binns, Director, Operations and Community Services re: Tendering Roads, Bridges and Other Infrastructure. Carried. Page 8 of 10 Page 13 of 94 5.a) Minutes of Council meeting held on Wednesday, January 25, 2023. Council Meeting Minutes — Wednesday, January 25, 2023. 15.Consent Agenda: a) Announcements of Interest to the Public b) Correspondence received January 13, 2023 from Learning Centre & Simcoe Shores SS, Orillia Campus re: Letter of Appreciation, Community Partnerships Work, Coat Drive Success #11 2022. Staff Recommendation: Receive for Information Only. Motion No. C230125-15 Moved by Bard, Seconded by Clark 'At 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. b) Correspondence received January 13, 2023 from Learning Centre & Simcoe Shores SS, Orillia Campus re: Letter of Appreciation, Community Partnerships Work, Coat Drive Success #11 2022. Received for Information Only. 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 - Withdrawn per Applicant's Request. b) Correspondence from Whitney Walsh, Vice-President, Crime Stoppers of Simcoe Dufferin Muskoka re: Request to Proclaim, January, 2023 as "Crime Stoppers Month" and Flag Raising Event. Motion No. C230125-16 Moved by Hutcheson, Seconded by Bard Be it resolved Nor 1 . That the correspondence from Whitney Walsh, Vice-President, Crime Stoppers of Simcoe Dufferin Muskoka re: Request to Proclaim, January, 2023 as "Crime Stoppers Month" and Flag Raising Event be received. 2. That the month of January, 2023 be proclaimed "Crime Stoppers Month" and posted on the Township's website. 3. That the request for a flag raising ceremony at the Township Administration Building be approved and arranged in accordance with the Township's Flag Etiquette Policy. 4. That the applicant be advised of Council's decision under the Mayor's signature. Carried. Page 9 of 10 Page 14 of 94 5.a) Minutes of Council meeting held on Wednesday, January 25, 2023. Council Meeting Minutes — Wednesday, January 25, 2023. 17.Notice of Motions: Councillor Clark advised that he would be bringing forward a Notice of Motion to the February 8, 2023 Council meeting regarding livestreaming. 18.By-Laws: None. 19.Closed Session Items (Unfinished Items): None. 20.Confirmation By-Law: a) 2023-006: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, January 25, 2023. Motion No. C230125-17 Moved by Lavoie, Seconded by Hutcheson Be it resolved that By-Law No. 2023-006: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, January 25, 2023 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. C230125-18 Moved by Schell, Seconded by Young Be it resolved that we do now adjourn at 8.27 p.m. Carried. Mayor, Randy Greenlaw Clerk, Yvonne Aubichon Page 10 of 10 Page 15 of 94 cO v m m Municipal Restructuring 0 3 7 N to The Corporation of the Township of Oro-Medonte D a 90 John Mascarin � r m r February 8, 2023 A C 7 n N AIRDBERLIS This presentation may contain general comments on legal issues of concern to organizations and individuals. These comments are not intended to be,nor should they be construed as,legal advice.Please consult a legal professional on the particular issues that concern you. ,�-t Table of Contents Cn v Restructuring through Legislation 0 Creatures of Provincial Statute O 3 What Constitutes a Municipal Restructuring v 0 What is the Purpose of Restructuring What are the Routes to Restructuring90 D Q Minister's Order vs. Commission's Order What is the Process for a s. 173 Municipal Restructuring What is Contained in a Restructuring Proposal? What is Contained in a Boundary Adjustment Agreement? v AIRD BERLIS `� Table of Contents Cn What Constitutes a "Double Majority"? Z) How does a Restructuring Proposal get Implemented? O 3 Challenges to Restructuring Proposals v Townships of Lindsay and Ops Annexation (1998) Amalgamation forming Kawartha Lakes (2001 ) 90 D Q Peterborough - Otonabee-South Monaghan Annexation (2011) Ingersoll - South-West Oxford Annexation (2020) co Guelph - Guelph/Eramosa Annexation of Dolime Quarry (2021 ) Barrie - Innisfil Forced Annexation (2010) v AIRD BERLIS `� Restructuring through Legislation 00 v Focus of this presentation is on municipal restructuring pursuant to s. 173 of the 0 Municipal Act, 2001. O Outside the MunicipalAct, 2001, the Province may pass legislation to achieve a municipal restructuring, annexation, amalgamation or boundary adjustment. Cn v For example: D a City of Toronto via the City of Toronto Act, 1997 90 v Ottawa/Carlton via the Regional Municipality of Ottawa-Carleton Act (1990) Z5 cQ r m r County of Simcoe via the County of Simcoe Act, 1993 A Barrie and Innisfil Annexation via the Barrie-Innisfil Boundary AdjustmentAct, 2009 v AIRD BERLIS `� Creatures of Provincial Statute Cn v East York (Borough) v. Ontario (Attorney General) (1997), 43 M.P.L.R. (2d) 155 (Ont. C.A.) o 3 7 N The province has ultimate jurisdiction over municipal restructuring. A group of incorporated residents attempted to overturn the amalgamation D of the municipalities now forming the City of Toronto, via the now-repealed 90 City of Toronto Act, 1997, on constitutional grounds. The municipality is a mere creature of provincial statute — the province has ultimate authority to decide how and whether a municipality exists at all. A � 7 n N (D AIRD BERLIS `� Creatures of Provincial Statute Cn East York (Borough) v. Ontario (Attorney General) v s "The division of powers between federal and provincial governments found in ss. 91 and 92 of the Constitution, allocated responsibility over 'municipal institutions' to 0 provincial governments." v "However, courts can only provide remedies for the public's grievances if those grievances violate legal, as opposed to political proprieties. What is politically controversial is not necessarily constitutionally impermissible." Q 90 "In 1896, the Privy Council confirmed that s. 92(8) gave provincial legislatures the right to create legal bodies for the management of municipal affairs a right which included N the right to amalgamate such bodies and establish their geographic boundaries..." o A "Any ambiguity about whether a constitutional norm restricted a province from making changes to municipal institutions without municipal consent was resolved .... in favour of the province's jurisdiction to do so." co v m m iv 0 a Cl O 3 7 Restructuring under Municipa/ Act, 2001 D a 90 W m � r m r N N O_ A � 7 n N (D AIRD BERLIS 7 What Constitutes a Municipal Restructuring? Cn Definitions v 172 In sections 171 to 186, "restructuring" means, 3 (a) annexing part of a municipality to another municipality, Cn (b) annexing a geographic area that does not form part of a municipality to a municipality, . (c) amalgamating a municipality with another municipality, Q (d) separating a local municipality from an upper-tier municipality for municipal purposes, (e)joining a local municipality to an upper-tier municipality for municipal purposes, m r (f) dissolving all or part of a municipality, and A (g) incorporating the inhabitants of a geographic area as a municipality. v AIRD BERLIS `� What is the Purpose of Restructuring? Cn Purposes ' s Z) 172 (1) The purposes of sections 172 to 179 are, 0 zT (a) to provide for a process which allows municipal restructuring to proceed in a timely and efficient manner; Cn v (b) to facilitate municipal restructuring over large geographic areas; and D (c) to facilitate municipal restructuring of a significant nature which may include 90 elimination of a level of municipal government, transfer of municipal powers and responsibilities and changes to municipal representation systems. � r m r N � A A � 7 n .a N (D AIRD BERLIS `� What are the Routes to Restructuring? Cn v The MunicipalAct, 2001 establishes three routes or mechanisms that are available 0 for municipal restructuring: O 3 7 Municipal restructuring proposal pursuant to s. 173; Cn v Restructuring commission established by the Minister of Municipal Affairs and Housing pursuant to ss. 174 to 178; and Q 90 M Incorporation, annexation (of unorganized geographic areas) and `° dissolution by the Ontario Land Tribunal (formerly, the Ontario Municipal CD ro Cn Board and Local Planning Appeal Tribunal) pursuant to ss. 180 to 183. A 7 n N (D AIRD BERLIS `� Minister's Order vs Commission's Order M Cn Z) Municipal restructuring proposal pursuant to s. 173: 0 3 Local municipalities take charge in preparing a restructuring proposal. v 0 Require the support of the councils of all affected municipalities. D Require the support of electors from all affected municipalities. 90 M Minister of Municipal Affairs and Housing is authorized to implement the T. proposal, by Order, if it meets the s. 173 requirements. N � A � 7 n N (D AIRD BERLIS `� Minister's Order vs Commission's Order M Cn Restructuring Commission pursuant to ss. 174 to 178 Local municipalities have the option to seek assistance from the Minister. Cn If assistance sought, Minister establishes a commission to work on the restructuring with the municipality. D The commission is required to consult with the affected municipalities 90 and hold at least one public meeting. NThe commission prepares a restructuring proposal. A The commission is authorized to issue a Commission's Order to implement the proposal. 2. v AIRD BERLIS `� Mu-iced restructuring is onducted,Pursuant to Sertdan 171-179 of the MunlrtPaf AC 2. and Implementing Qn Source:Municipality of Central Elgin- Reg ulat-216196.A general overview of the municipal restructuring process is cutined below. https://www.centralelgin.org/en news I nfogra ph is-July-19-2022.pdf Method 7 Method 00 N Municipal Restructuring Pmpnsal 01 Provincial Commission f Al the aq�B.sl al a Municipahly,-Minister of Municipal Amu andblrtysubmltaa-orreWanrnner,ta another. , g Ve (D Eft—&.-Jn statilisna[:emmlasienta tnae and ne vansferreefram uajurlsdepeci Wan .n. h' (D Far a epecifletl reason. aewelap ir proposal far reurucarring mundcipatltles In a geegraprde gran O 02 a A draft ra oat at—g mpatol and boundary mo co-mmissien wiu ereete a suiteble resbr owing L eajasVnent egreemeat era negetlaeaa by ua anaeesd proposal far t�geegropniml wren O minik"Idas 0 03 v -,I Whandavalopin then uctwingprrposaltho 0 itre dmnxesVuttuHng proposal is subm - Non W the C nw111 -It with each (patty In the Ministry of Mwicipal AM lts&Houtng for review. _ pugficHlead area.W wall or,any cdrms the Minlstat of � " i s MUNdpd Affars&Hovsing eaems apprc,pfl.W D 04 a Council of each affected municipality consult with the 90 public on the restrr.cwrl ng p,opasnl - Th�Cammisdon-11 cra-cr-th—ring proposal 07 -ceu 1 ceaHlllsvith the public at a public messing and prowldaa copy to each municipality while also -Ceunail sensulta with Mntlater of Municipal Allnke& matinga wabablemtbepublicforrevfew. Housing p—ibed pane s N m r 00 N (q 05 Council efaxnaffattea muMtlpallty uetes an wnemer -i{ Tna cammissien-11-'a a publla morning W collect tp W-pp-or eppesa the-lb-cwring proposal d punlic teadnacy as lna restructuring proposed. A � 7 n 06 N TMe Hnal restrucwrlrg prepasal muse be apprze, by ma resvuctufing praposel dr-10ped by the all invahnae Councils aker wrdah the restructunrtg may Commission may than ba impamarvtad by aPdaY of then be implemenrea by order al as Mlnlater o} (D AIRD BERLIS Manlcipcf Affalfs&Housing s the Mlnislat of Munldpol Affalrs&Housing � 13 What is the Process to a s. 173 Municipal Restructuring? Cn Make a request to the other municipality or municipalities for restructuring (e.g. v amalgamation or annexation). Negotiate a draft restructuring proposal and boundary adjustment agreement. o 3 7 Submit the draft restructuring proposal (in the form of a report) to the Minister for initial Cn review. v Hold at least one public meeting and consult with all prescribed persons or bodies. D Q Council and electors of each affected municipality to vote on the restructuring proposal 90 (approval requires the support of a double majority). If Council approves the restructuring proposal, then submit the final proposal and report N to the Minister for implementation. A If the Minister is of the opinion that the proposal and report meet the requirements of s. 173 and the related regulations, Minister may issue an Order to implement restructuring. AIRD BERLIS `� What is Contained in a Restructuring Proposal? U) The Minister has broad discretion to decide the content and form of a restructuring v proposal report on a case-by-case basis. Z Proposal to restructure o ZT 173 (1)A municipality or local body in a geographic area may, subject to subsection (2), make a Z) restructuring proposal to restructure municipalities and unorganized territory in the geographic area v by submitting to the Minister a restructuring report containing, (a) a description of the restructuring proposal in a form an in such detail as the Minister may D require; and a 90 (b) proof in a form satisfactory to the Minister that, (i) the restructuring proposal has the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area, A (ii) the support was determined in the prescribed manner, (iii) the municipalities and local bodies which support the restructuring proposal meet the prescribed criteria, and (iv) the municipality or local body consulted the public in the required manner. What is Contained in a Boundary Adjustment Agreement? fn >v s The Municipal Act, 2001 does not BOO ""��"°mom`"°' amn�" g`�ma' 0 Table of Contents Z) mandate municipalities to enter into a boundary adjustment ' z, te5 22 APPP M1 .... 5 agreement. A review of 3 Fnancial Pi 5 The C.'....of 31 Gchem I 6 � the Township¢f i Ganar°I Prmvimlmna............................_.........,.._.........._......................,.,.._..........5 fn previously-approved municipal M¢nagh- he City Boundary Adjustment 5 DTmrPrmiamPa.................. ....................................................... of Peterborough restructurings in Ontario show athmC¢u.tY¢t (Restructuring) APPamJ AhPPg EraamP�"��nam Pefe rb¢mugh ScheduleA The Spam❑..,dArea Agreement smheawee Thee Idsprimga semel a tArem D that municipalities generally enter 3mhemml° Th°Gmlmapn¢g°Pmmmnmthe,a5lAmne°mmmnA°° Q APP d,9:Leher o uneerstanamg M intoone to make clear the App-di :G°PPtlmeamlPSPn(a,EMln X" Submitted by: APPumaf.o:By-law OJ general terms of the restructuring "°p-di.E:Gk,VaS�"lu"De'..bm DeC'a'A'mn The Township of Ofanab—S¢uth Monaghan and to deal with the transfer of The City of Peteroo.—gh e W antl c assets, liabilities, rights and thounty of Peteroomugh A obligations as between the affected municipalities. ,v =5 � 20 AIRD BERLIS 16 What is Contained in a Boundary Adjustment Agreement? Cn v Boundary Adjustment Agreement between Town of Tecumseth, 0 County of Essex and City of Windsor: O Effective Date & Implementation Studies, Plans, Records v 0 Lands to be Annexed Employees v Representation Property D Q 90 Compensation Liabilities Z5 Tax Collection &Assessment By-laws and Official Plans W � N Tax Phase-in Moratorium A Provision of Municipal Services Dispute Resolution -e v AIRD BERLIS `� What Constitutes a "Double Majority"? Cn "Double majority" is defined in s. 1 (2) as being a "majority of the local municipalities with more than half of the electors in all the local o municipalities." v 0 The support of a local municipality or county is to be expressed by by-law or resolution pursuant to s. 10 of O. Reg. 216/96. D Q 90 A restructuring proposal was quashed by the Court of Appeal despite receiving support by two municipal councils because the councils failed to W obtain the approval of the residents in the unorganized territory affected by the proposal, as required by s. 11 of O. Reg. 216/96.CO A � 7 n .a N (D AIRD BERLIS `� How does a Restructuring Proposal get Implemented? M Cn Implementation ' s Z) 173 (4) The Minister may, by order, implement a restructuring proposal in accordance with the regulations made under subsection (17) if, 3 (a) the restructuring proposal and report under subsection (1) meet the Cn requirements of this section; and (b) in the opinion of the Minister, the proposal and report comply with the D restructuring principles and standards established under section 179. 90 The Minister must publish the restructuring Order in the Ontario Gazette and file it with each municipality to which the Order applies [s. 173(11)]. A Co Each municipality must make the Order available for public inspection [s. 173(12)]. A � A Minister's Order is not a regulation under the Regulations Act [s. 173(13)]. v AIRD BERLIS `� v Challenges to Restructuring Proposals Cn v Pre-implementation If the restructuring proposal does not meet the content and form as Z) prescribed by the Minister. Cn v If the municipalities have not satisfied the form of proof of support for D the restructuring proposal. 90 The required by-laws or resolutions, demonstrating municipalities' support for a restructuring proposal, may be challenged on the W 0 grounds of illegality pursuant to s. 273 of the Municipal Act, 2001. A � 7 n .a N (D AIRD BERLIS `� Challenges to Restructuring Proposals Cn Post-implementation An application for judicial review under s. 2 of the Judicial Review Z) Procedure Act v 0 Minister's decision is unauthorized or illegal for failure to comply with the required procedures D Q 90 An application pursuant to Rule 14.05 of the Ontario Rules of Civil Procedure m r w � Restructuring fails to meet the mandatory stated purposes of a A restructuring v AIRD BERLIS `� cO v m W m Examples of Approved Restructurings 0 o 0 Township of Lindsay and Township of Ops (1998) v Amalgamation forming City of Kawartha Lakes (2001 ) City of Peterborough and the Township of Otonabee-South Monaghan (2011 ) D a City of Ingersoll and the Township of South-West Oxford (2020) W City of Guelph and Township of Guelph/Eramosa (2021 ) mLo r City of Barrie and Town of Innisfil Annexation (2010) A � 7 n N (D AIRD BERLIS `� Townships of Lindsay and Ops Annexation (1998) WuSxonA 11 .��-�r� ANSON HffJOON AN6JIaINPEN M�MO N MINDEN �I _ \ O HIG HILLS ��__. � � - GTAMORGaN E H A L: Lindsay Township annexed lands from Ops RST AN➢L ND N RNGFORD 1 SNOWL�Nf.: LU— Township. KAWA '_ z LAKES zT ➢ALTDfJ � GALWAY-CAVENDISH The annexation was implemented through AND HARVEV N AMA Ra - -- PETFRB OI � a Minister's Order and came into effect in 1998. E Q 90 5MITH. NN I SMORE 1 - AKEFIE.. ER—K (� _ <� (n CAVAN r (1) MI LLE D O' 00 NO RT D GH�)YN O ':oNAGHgh, ' SDUY DG �11 51 DU RNAM UXBRIDGR rove NA 7812 PORT HOPE n C 1 CLARINGTON r,Y1PE .L J PORTHOPE C a) Source:2017 Ontario Municipal Directory,AMCTO PICKERING N IT6 IAM 407, SHAW AIRD BERLIS AJA% w 23 Amalgamation forming Kawartha Lakes (2001) U) Husxoxa „ — cs ` . ANSON HNVPON ANPINGEi' `�....MO N Amalgamation of 17 local municipalities via a MINDEN HIWWG``H� GLAM -RGAN EA: restructuring commission (ss. 174-178). W FTe FWORTH`- � O During the period under the Harris government GALW0.V-CAVENOI SH where Ontario's 800+ municipalities were AND HARVEV U) reduced by half. AMARA PETERBOI v Rationale: increase efficiency and accountability of local government and achieve cost savings ` 90 through economy of scale. \\ S MH- PNN I SIT..RE AKEFIE Strong opposition from local municipalities. -VAN w ` MILL6 O CO � WORT � GHAN Commission Order issued in 2000. UXBRIDGE D)JTf- NQM iOAE HA N IISS � 7812 PORT HOPE Source:2017 Ontario Municipal Directory,AMCTO e - CLARINGTON PE o .L J PORTHOPE C PICKERING HIT. IAM 407, SHAW AIRD BERLIS AJA% w 24 Peterborough - Otonabee-South Monaghan Annexation (2011) Cn An amendment to a 1998 Restructuring - v Proposal between the affected municipalities. Schedule A The South Donwood Area Order issued on September 19, 2011 . r o Annexation took effect on January 1 , 2013. Cn Purpose to allow an extension of municipal _ v services to the annexed lands to support - development. Affected municipalities included Peterborough, 90 m Otonabee-South Monaghan and the County of — A Peterborough. A letter of understanding and a boundary A adjustment agreement were executed on November 1 , 2010. AIRD BERLIS 25 Ingersoll - South-West Oxford Annexation (2020) U) v 627 hectares of annexed lands. SCHEDULE"A"'(MAPS) O Z) Order issued on December 26, 2020. Annexation took effect on January 1 , 2021 . Cn Purpose to provide the City of Ingersoll with more lands to grow. Affected municipalities included Ingersoll, 90 South-West Oxford and the County of Oxford. A boundary adjustment agreement A appears to have been entered into by the ti � affected municipalities. � 9 18 2 C7 N (D AIRD BERLIS 26 Guelph - Guelph/Eramosa Annexation of Dolime Quarry (2021) to v Dolime Quarry. --�- Order issued on December 3, 2021 . O 3 Annexation took effect on January 1 , 2022. Cn v Purpose to allow Guelph to increase control over the groundwater supply D Q and end aggregate extraction at the Dolime Quarry. f� A Affected municipalities included `"` Guelph, Guelph/Eramosa and the M. A County of Wellington. The view ofDofime from the a small aircraft.Guelph7oday file photo f Guelph Toddy file photo � c N Z7 (D AIRD BERLIS 27 Barrie - Innisfil Forced Annexation (2010) Cn Contested annexation (5,600 acres of Innisfil v land) implemented through the passage of the ° Barrie-Innisfil Boundary Adjustment Act, 2009. _ y� p�SQd8&fH*-InnJSIi11V O Neither a municipal restructuring (s. 173) nor a SourWuy Ad/ostmonP restructuring commission (ss. 174-178) used. Cn The Places to Grow Act, 2005 was enacted _ and Growth Plan for the Greater Golden Horseshoe, 2006 was published around they 90 t5 . m same time. A S/M Province determined it was best to place -- -- Innisr .....;. �« W f C0£ _ growth in urban environments and Barrie was J then the only urban centre in Simcoe County. Source:https://www.simcoe.com/news-story/2033278-innisfii-reacts-to- annexation/ 2. Innisfil Council and residents strongly opposed. AIRD BERLIS 28 cO v m m v fin- 0 3 7 N N n N 7 AIRD BERLIS D a 90 v John Mascarin N � r m r A Partner o A Email: jmascarin(a�airdberlis.com Direct Line: 416.865.7721 v 1 Aird&Berns LLP Lawyers Brookfield Place,181 Bay Street,Suite 1800,Toronto,Canada M5J 2T9 T 416.863.1500 F 416.863.1515 airdberlis.com 15.a) Announcements of Interest to the Public: Township of Oro-Medonte, ... Who Makes a Real Difference in Your Community? The Township of Oro-Medonte is currently accepting nominations for a resident you Townshipgf believe has the greatest impact on improving the quality of community life in Oro-Medonte. Proud HeriFfjgr, EwiiuX Ftaurr Please submit a completed Nomination Application form (one name) (available on the website or at the Township Administration Office) outlining, in detail, the reasons for the nomination. Additional letters of support and material are very helpful and may be attached. Select the applicable box on the Nomination Application for the Oro-Medonte Citizen of the Year or Ontario Senior of the Year Award or Both! Oro-Medonte Citizen of the Year— One Individual The Oro-Medonte Citizen of the Year Award honours a resident's volunteer efforts that benefits the quality of life in the Township and demonstrates: - Commitment / contribution to community service; - Support and leadership for a lasting quality of community life; - Significant volunteer involvement with associations, charities, societies and institutes; - Outreach and assistance to those in need; - Optimistic and inspiring role model with a desire to make a positive impact. Ontario Senior of the Year— One Individual The Ontario Senior of the Year Award gives each municipality in Ontario the opportunity to honour one outstanding local senior who enriches the social, cultural or civic life of the community. Recipients must be over 65 years old and are people who have made their communities better places to live. Achievements in many fields would qualify, for example in: - Arts/Literature; - Community Service/Volunteerism; - Education; Environment/Science; - Fitness/Recreation/Sport Humanitarian Activities; and/or - Keeping History Alive. The submission deadline for both awards is Friday, March 10, 2023, 12:00 p.m. (Noon) Nominations must be signed by the nominator and will be accepted at the Township Administration Centre, by mail, email or fax to the Clerk's Department, Township of Oro-Medonte, 148 Line 7 South, Oro-Medonte, ON LOL 2EO. Nominees must be a resident of Oro-Medonte. Page 45 of 94 15.a) Announcements of Interest to the Public: Township of Oro-Medonte, ... MEW �.� t4"MqWW7b- T(wnship of Proud Heritage, Exciting Future Family Day Office Closure The Township of Oro-Medonte offices will be closed on Monday, February 20t" in recognition of Family Day. The offices will re-open on Tuesday, February 21st for regular business hours. We wish all residents and visitors a safe and happy long weekend. Page 46 of 94 v rrespondence from Severn Sound Environmental Association (SSEA) ... Severn Sound Environmental Association 2022 4t" Quarter (Oct. 1 - Dec. 31) ReporVUpdate Staffing/HR Administration,Staffing, Training and Volunteers - z. Administration , One SSEA Board meeting (2022 31d Quarter). The new pay grid and organizational chart was implemented and SSEA began the transition with the Township of Tay to a paperless online payroll system. Staffing Welcomed Travis van Engelen as Tree Plant Program Specialist. THANK YOU to outgoing staff: Tamara Thank you to the 2022 SSEA Board of Directors! Brincat (IS Coordinator) and Emily Edgley (Citizen Science and Water Quality Coordinator) Training/Professional Development SSEA staff attended 4 no-cost webinars and 2 paid professional development courses. Volunteers - THANK YOU THANK YOU to all 35 Citizen Science volunteers who participated in our Shore Watch, Stream Watch, Water Level Watch, Ice Spotters, and Invasive Species Spotters programs this year! THANK YOU to all volunteers and municipal staff that assisted with invasive species removals. Watch for the SSEA Environmental Champion awards re-launch in 2023. Education, Engagement, Outreach Presentations,Articles,Social Media, Events, Inquiries Presentations Presentations to the SSEA Board on various program updates. Delivered presentations at 5 additional events and 4 council meetings during Q4. Many of our presentations, meetings, videos etc. have been recorded and posted to the SSEA YouTube channel. Articles/Publications/News SSEA issued 3 press released, provided an article for Tay's e-newsletter on open water monitoring, algae, and citizen science. Media coverage of 2 Billion Trees Program funding and Great Lakes Local Action Fund grant. sseainfo(a)severnsound.ca www.severnsound.ca Page 47 of 94 15.b) Correspondence from Severn Sound Environmental Association (SSEA) ... Social Media (Instagram, Facebook and Twitter accounts) A total of 96 posts made on a variety of topics and SSEA programs with over 1,200 followers. One new video related to the SSEA Drinking Water Source Protection Program was posted on the SSEA YouTube channel (34 views and 45 subscribers). SSEA participated in Drinking Water Source Protection educational campaigns by posting across all social media. Events/Meetings/Conferences SSEA staff hosted MPP Dunlop on a water sampling trip on Hogg Bay to demonstrate sampling equipment and discuss the importance of water quality monitoring. THANK YOU to Queens Cove Marina for providing a water taxi. Staff joined the Minister of Agriculture Food and Rural Affairs and MPP Downey at an event recognizing local farmers. Hosted information webinars on Bill 23 for Municipal partner staff(1 with CELA and 1 with MNRF). Team SSEA participated in 17 additional - municipal and external partner meetings and - events including the Township of Springwater strategic plan and North Simcoe Soil and Crop Improvement Association. Inquiry Responses (excluding Source Water) ' SSEA responded to 17 inquiries from municipal Simcoe North MPP,Jill Dunlop learning about partners, members of the public, and contractors. dissolved oxygen with SSEA Water Scientist Tree Planting Planting and Distribution In planning stages for spring 2023 Community Tree Planting & Tree Seedling Distribution programs. Fish and Wildlife Habitat/Natural Heritage Invasive Species,Species at Risk, Wetlands, Wildlife and Habitat Stewardship Invasive Species (IS) Completed Spongy/Ldd Moth monitoring at select forested locations across the watershed to forecast potential defoliation for spring/summer 2023. Completed invasive mussel surveillance on Orr Lake and connected with municipal staff on results and next steps. Facilitated 2 volunteer IS management events. Hosted IS Working Group meeting. Continue to deliver technical and field monitoring support on the Wye Marsh Invasive Species Management and technical support on the Farlain Lake Eurasian t' Watermilfoil Management projects. Species At Risk Zebra Mussel Monitoring, Orr Lake Continued monitoring for turtles in Matchedash Bay area, with field investigations wrapping up for the season in October. �seainfo(aDsevernsound.ca - www.severnsound.ca 2 Page 48 of 94 15.b) Correspondence from Severn Sound Environmental Association (SSEA) ... Land Use Planning Input and Review Plan and Policy Input Submitted comments on 23 applications, reports, and Environmental Impact Studies, a decrease of v_ 23% compared to the number of projects reviewed in Q4 of 2021. Participating in Official Plan review for Severn Twp. Comments submitted on 3 Environmental Registry —of Ontario postings regarding elements of Bill 23: More Homes Built Faster. Fall sampling on Little Lake Drinking Water Source Protection Source Protection Authority and Risk Management Services Source Protection Authority Services Continue to work with provincial, regional, and local representatives and attend meetings to fulfill the requirements of 2022-2024 funding agreement work plan. Includes policy work, municipal drinking water system changes, and general education and outreach initiatives. MECP approved 3 changes to municipal water systems within the Township of Oro-Medonte. Risk Management Services Sent out 9 Draft Risk Management Plans, commented on 8 development applications, answered 7 inquiries, attended 2 pre-consultation meetings, held 1 Risk Management Plan negotiation meeting, and conducted 1 site visit. Monitoring Programs Field/data collection: Open Water, Inland Lakes, Intakes, PWQMN/Tributaries, Stream Invertebrates,Stream Temperature, PGMN, Climate, and Citizen Science Lake Sampling (Open Water, Inland Lakes, Intakes) Completed 3 Tay intakes sampling events, 1 inland lake sampling event for each of Farlain and Little Lake, 1 full open j. water sampling run and 1 late season sampling event in the . +� Honey Harbour area. Sampling included collecting water chemistry and field data such as pH, turbidity, conductivity, and temperature. Water quality results are used to assess lake conditions, guide management decisions and protect drinking water quality. Zooplankton sampling on Little Lake Staff detected blue algae late in the season in the Severn Sound open waters, particularly in Midland Bay and Penetang Harbour, and worked with MECP and the Simcoe Muskoka District Health Unit to collect samples for identification and toxin sseainfo(o-)severnsound.ca - www.severnsound.ca 3 Page 49 of 94 15.b) Correspondence from Severn Sound Environmental Association (SSEA) ... testing where necessary. The Water Quality Advisory due to an algae bloom detected on Penetang Harbour was lifted in mid-December. Watershed Monitoring (PWQMN, PGMN, Stream Invertebrates, Fish Community Survey, Stream Temperature) PWQMN (Provincial Water Quality Monitoring Network- streams) Conducted 3 sampling runs at 14 sites throughout the watershed collecting chemistry samples and field data such as temperature, dissolved oxygen, conductivity, and turbidity. Through PWQMN, a conductivity sensor was installed at a z. downstream site on the Coldwater River. Data will be used to establish a baseline range which can help detect external impacts Collecting PWQMN sample, on water quality, like storm events and North River de-icing salts. Groundwater(Provincial Groundwater Monitoring Network) - Conducted 1 winter sampling run at 6 PGMN well sites. Conducted a third data download for level and barometric pressure loggers and collected manual water levels at all 8 well locations. Data is used to monitor long-term trends and assess impacts of climate change on groundwater. Lake and Stream Invertebrates Sampled 3 stations on Farlain Lake (public boat launch, end of 17th _ Conc. East side of lake and North end, off Farlain Lake Road) using the Ontario Benthic Biomonitoring Network (OBBN) protocol. Invertebrate sampling, Farlain Lake Identified 7,354 stream invertebrates in samples from Hogg Creek, Copeland Creek and Baxter Dam to assess ecological health. Stream Temperature Removed and downloaded 40 temperature loggers from stream sites throughout the watershed, which logged in-stream temperature during the summer. Stream temperature data and other information was collected ' from portions of the Coldwater River for the Intensive Stream Temperature Study. This Study helps to update drainage mapping, provides background data, determines thermal habitat classification through modeling of all stream reaches, and helps _ to better understand where to focus future monitoring efforts. Climate Monitoring + Rain and Air Gauges Temperature loggers ready for Data compilation completed for 4 rain gauges and 1 air temperature logger which provided additional background information for monitoring projects in the Severn Sound and Tiny Coastal Area, putting monitoring results into context (e.g., water quality and quantity, inland lake levels, trends in algae growth, thermal stability classification for streams). �,seainfoosevernsound.ca - www.severnsound.ca 4 Page 50 of 94 15.b) Correspondence from Severn Sound Environmental Association (SSEA) ... Weather Stations Midland and Lafontaine weather stations checked regularly using the online portal to ensure uninterrupted data collection. Annual data compilation and analysis completed and included in year-end report summarizing rainfall and crop heat units from 2022. Learn more about our weather stations and view near real-time data on the SSEA website. Citizen Science (Shore Watch, Stream Watch, Invasive Species Spotters, Water Level Watch) Data collected through the Stream Watch, Shore Watch and Invasive Species Spotters programs until the end of October. Observations for the Water Level Watch Program on Farlain Lake compiled and the gauge removed for the season. Monitoring for Ice Spotters began in early November and will continue until freeze-up. In 2022, we had 35 volunteers across all programs monitoring at 35 sites and have received 811 observations. THANK YOU to Huronia Community Foundation for the project grant and the following businesses who donated prizes: Glen Oro Farms, Hardwood Hills, Wye Marsh and TruEarth. Sustainable Severn Sound Special Project Climate Change Action Plans, Partners for Climate Change Protection (PCP) Program Partners for Climate Protection SSEA continues to support our municipal members of the PCP program as an Associate Member, facilitating actions under municipal climate action plans where possible. Bee City Initiative & Projects for Pollinators Supporting current Bee City members by providing information to the public, answering questions, and engaging the community to participate in stewardship work at Bee City sites. 184 native plants were planted in Severn and Midland to support the creation of pollinator habitat. THANK YOU to Georgian Bay District Secondary School students for participating in the Midland event, and to Ardtrea Nature for assisting at the Severn site. Working towards the completion of deliverables .� in SSEA's Projects for ,,;} . •. ' Pollinators initiative, funded by TD Friends of05 the Environment Foundation. The Native4— Pollinator Plants in the s 4F Severn Sound Area booklet was developed VK if, and 150 printed copies Native Pollinator Plants in the Severn Sound Area will be shared with municipal members, and digital copies are available on the pollinator website. 125 native seed packets were handed out at 4 community and habitat stewardship events. sseainfo(a-)severnsound.ca -www.severnsound.ca 5 Page 51 of 94 15.b) Correspondence from Severn Sound Environmental Association (SSEA) ... Data Analysis and Reporting Statistics, Data Management&Analysis, Reporting, and GIS/Mapping Statistics/Data Management & Analysis Routine, year-round data management consisting of PWQMN, Georgian Bay water levels and regional climate data, and open water/inland lake water chemistry, zooplankton and algae data processing continues as normal. Additional analyses were completed to forecast open water temperatures over the next 50 years. Reporting and Educational Content Completed 1 conditions update for both Farlain and Little Lakes, which can be viewed and on SSEA social media feeds. Partnerships New/Updated NGO partners and MOD's,Academia SSEA is always working with municipal and NGO/external partners to deliver effective environmental stewardship, " including membership with GBB's ICECAP and the SMDHU's r Climate Change Exchange Committee and Climate Change Charter Working Group. SSEA is also a member of the Lake Huron Working Group, Great Lakes Ecoregion Network, and Georgian College Program Advisory Committee. The team supported the Huronia Community Foundation (HCF) taking the lead on the Environmental section of the HCF Vital Signs report. The ED remains a member of the the Healthy Great Lakes Advisory Committee & Water Team (CELA lead) and the Lake Huron Management Group. SSEA ED meeting the Honourable Academia Elizabeth Dowdeswell, Lieutenant Working with PhD student from UOIT on a nearshore algae Governor of Ontario (Midland) project. Collaborating on undergraduate data analysis projects focused on tributary flow and water quality with University of Waterloo researcher. Financial Grants, Budget, Invoicing Grants Multiple grants have been secured or applied for by SSEA to enhance services, including: • MECP Great Lakes Local Action Fund: $50,000, Improving Habitat in the Severn Sound Watershed - approved • NRCan 2 Billion Trees: $276,507, Building Tree Planting Capacity in the Severn Sound Watershed - approved • COA: $75,000, The State of Severn Sound 20 Years Post-Delisting as an Area of Concern (pending approval) sseainfoO-severnsound.ca - www.severnsound.ca 6 Page 52 of 94 15.b) Correspondence from Severn Sound Environmental Association (SSEA) ... • COA: $70,000, Piloting the Inclusion of Wastewater and Stormwater Effluents into Existing Long Term Watershed Monitoring program (pending approval) • Lake Huron Forever: $10,000, Severn Sound Citizen Science: Expanding Community Engagement (pending approval) • TD Friends of Environment Foundation: $9,300, Severn Sound Citizen Science: Expanding Community Engagement (pending submission in 2023 Q1) • Canada Summer Jobs: $10,850, summer staff wage subsidies, multiple programs (pending submission in 2023 Q1) Budget Completed budget deputations to the Township of Tiny and the Town of Penetanguishene, and submitted budget letters and service accomplishment summaries to all SSEA partner municipalities. Completed council orientations for Township of Tay and Town of Midland. Issued 22 invoices for work completed. x: ;% 5� h Team SSEA 2022 Seasons Greetings Thank you from Team SSEA • Julie Cayley - Executive Director • Lex McPhail - IT Manager/GIS Applications Specialist • Paula Madill - Ecosystem Technologist • Michelle Hudolin - Wetlands & Habitat Biologist • Aisha Chiandet - Water Scientist • Melissa Carruthers - Risk Mgmt. Official/Risk Mgmt. Inspector • Judy Limoges -Treasurer (p/t) • Nikki Priestman - Watershed Health Specialist • Tamara Brincat - Invasive Species Program Coordinator • Cliff Evanitski —Office Manager • Cameron Epp -Watershed Resilience Coordinator • Emily Edgely - Citizen Science & Water Quality Coordinator • Nicole Stott - Drinking Water Source Protection Assistant • Bob Bowles - Turtle Monitoring Project Assistant (p/t) sseainfo(a)severnsound.ca www.severnsound.ca Page 53 of 94 15.c) Minutes of Nottawasaga Valley Conservation Authority dated NovembeA. ... �ypSAGq f 0 Lµt 09-22-BOD Minutes Nottawasaga Valley Conservation Authority Nov 25, 2022 at 9:00 AM EST Attendance Members Present: Vice-Chair Gail Little, Amaranth (Township); Chair Mariane Mcleod, Collingwood (Town); Rob Nicol, Innisfil (Town); Thom Paterson, Clearview (Township); Don Allen, Springwater (Township); Shirley Boxem, Mulmur (Township); Cllr. Ralph Manktelow, Mono (Town); Cathy Keane, Oro-Medonte (Township); Floyd Pinto, Adjala Tosorontio (Township); Donna Jebb, New Tecumseth (Town) Members Absent: Deputy Mayor Michael Smith, Essa (Township); Walter Benotto, Shelburne (Town); Cllr. Andrea Matrosovs, Blue Mountains (Town); Margaret Mercer, Melancthon (Township); George Watson, Wasaga Beach (Town); Cllr. Dane Nielsen, Grey Highlands (Municipality); Cllr. Gary Harvey, Barrie (City); Cllr. Raj Sandhu, Bradford West Gwillimbury (Town) NVCA Staff: Sheryl Flannagan, Director, Corporate Services; Doug Hevenor, Chief Administrative Officer; Chris Hibberd, Director, Watershed Management Services; Byron Wesson, Director, Conservation Services; Ben Krul, Manager, Planning; Hendrik Arno, Manager, Info Services & Technology (departed at 9:10am); Kerry Jenkins, Administrative Assistant/Recorder Guests: Kyle Fegan, Shelburne (Town) 1. Events Tiffin Nature Program (Nov-Dec) - Half Day Date: Occurs Tuesday every 1 week(s), from Tuesday, November 1, 2022 9:30:00 AM - Tuesday, December 6, 2022 12:30:00 PM Location: Tiffin Centre for Conservation Tiffin Nature Program (Nov-Dec) - Full Day Date: Occurs Thursday every 1 week(s), from Thursday, November 3, 2022 9:30:00 AM - Thursday, December 8, 2022 3:30:00 PM Location: Tiffin Centre for Conservation 2. Call to Order Page 54 of 94 15.c) Minutes of Nottawasaga Valley Conservation Authority dated Novembe... Chair Mariane Mcleod called the meeting to order at 9:03am. 3. Land Acknowledgement The Nottawasaga Valley Conservation Authority Board acknowledges that we are situated on the traditional land of the Anishinaabeg. The Anishinaabeg include the Odawa, Saulteaux, Anishinaabeg, Mississauga and Algonquin who spoke several languages including Anishinaabemowin and Potawatomi. We are dedicated to honouring Indigenous history and culture and committed to moving forward in the spirit of reconciliation and respect with all First Nation, Metis and Inuit people. 4. Declaration of Pecuniary and Conflict of Interest 5. Motion to Adopt the Agenda Recommendation: RES: 43-22 Moved by: Don Allen Seconded by: Cathy Keane RESOLVED THAT: the agenda for the Board of Directors Meeting #09-22- BOD dated on November 25, 2022 be approved. Carried; 6. Announcements There were no announcements at this time. 7. Presentations There were no presentations at this time. 8. Deputations There were no deputations at this time. 9. Hearings There were no hearings at this time. 10. Determination of Items Requiring Separate Discussion Board Members are requested to identify items from the Consent List that they wish to have considered for separate discussion. 11. Adoption of Consent List and Identification of Items Requiring Separate Discussion Recommendation: RES: 44-22 Moved by: Shirley Boxem Seconded by: Don Allen Page 55 of 94 15.c) Minutes of Nottawasaga Valley Conservation Authority dated Novembe... RESOLVED THAT: agenda item number(s) 12.2.4, 12.2.5 and 12.2.6 were identified as requiring separate discussion, be referred for discussion under Agenda Item #9; and FURTHER THAT: all Consent List Agenda Items not referred for separate discussion be adopted as submitted to the board and staff be authorized to take all necessary action required to give effect to same; and FURTHER THAT: any items in the Consent List not referred for separate discussion, and for which conflict has been declared, are deemed not to have been voted on or discussed by the individual making the declaration. Carried; 12. Consent List 12.1. Adoption of Minutes Recommendation: Approved by Consent RESOLVED THAT: the minutes of the Board of Directors Meeting #08-22-BOD dated on September 23, 2022 be approved. 12.1.1. Adoption of AAC Minutes Recommendation: Approved by Consent RESOLVED THAT: the minutes of the Agricultural Advisory Committee Meeting #03-22-AAC dated on June 30, 2022 be approved. 12.2. Staff Reports 12.2.1. Staff Report No. 42-09-22-BOD from Sheryl Flannagan, Director, Corporate Services Recommendation: Approved by Consent RESOLVED THAT: the Board of Directors receive Staff Report No. 42-09-22-BOD regarding the 2022 third quarter financials; and FURTHER THAT: staff continue to monitor budget activities. 12.2.2. Staff Report No. 43-09-22-BOD from Sheryl Flannagan, Director, Corporate Services Recommendation: Approved by Consent RESOLVED THAT: the Staff Report No. 43-09-22-BOD regarding surplus/deficit allocations be approved; and FURTHER THAT: The NVCA Auditor be directed to place any 2022 surplus/ deficit funds in/out of the following reserves as specified: • Planning Reserve - all planning programs surplus/deficits; • New Lowell Reserve - all New Lowell CA program surplus; Page 56 of 94 15.c) Minutes of Nottawasaga Valley Conservation Authority dated Novembe... • Operational Reserve - 25% of any surplus not allocated to another reserve or any potential deficits, including those from Planning not covered by that reserve; • Capital Reserve -50% of any surplus not allocated to another reserve; • Human Resources Reserve - 25% of other surplus not allocated to another reserve; • Healthy Waters Reserve - all department 120 surplus, if any; • Environmental Education Reserve - all department 630 surplus, if any; • Forestry Reserve - all department 110 surplus, if any; • Watershed Science Reserve - all department 420 surplus, minus any Source Water Protection, if any. 12.2.3. Staff Report No. 44-09-22-BOD from Ben Krul, Manager, Planning Services and Hendrik Amo, Manager, Information Services & Technology Recommendation: Approved by Consent RESOLVED THAT: The Board of Directors receive Staff Report No. 44-09-22-BOD regarding investigating in-house opportunities to automate processes and explore commercial software solutions. 12.2.4. Staff Report No. 45-09-22-BOD from Chris Hibberd, Director, Watershed Management Services Moved by: Rob Nicol Seconded by: Cathy Keane RESOLVED THAT: the Board of Directors receive Staff Report No. 45-09-22-BOD regarding proposed housekeeping changes to planning and permitting review fees and; FURTHER THAT: the Fee Policy, which includes Appendices A to F Fee Schedules, be approved as attached. Vice-Chair Gail Little introduced the following friendly amendment: Recommendation: RES: 45-22 Moved by: Rob Nicol Seconded by: Cathy Keane RESOLVED THAT: the Board of Directors receive Staff Report No. 45-09-22-BOD regarding proposed housekeeping changes to planning and permitting review fees and; FURTHER THAT: the Fee Policy, which includes Appendices A to F Fee Schedules, be approved as attached and; FURTHER THAT: a 2% COLA be added to all fees listed in the schedule effective December 1, 2022. Page 57 of 94 15.c) Minutes of Nottawasaga Valley Conservation Authority dated Novembe... Carried; 12.2.5. Staff Report No. 46-09-22-BOD from Chris Hibberd, Director, Watershed Management Services Recommendation: RES: 46-22 Moved by: Ralph Manktelow Seconded by: Don Allen RESOLVED THAT: the Board of Directors receive Staff Report No. 46-09-22-BOD regarding Bill 23 (More Homes Built Faster Act, 2022) and Related ERO Postings. Carried; 12.2.6. Staff Report No. 47-09-22-BOD from Doug Hevenor, CAO Recommendation: RES: 47-22 Moved by: Shirley Boxem Seconded by: Don Allen RESOLVED THAT: the update on Memorandums of Understanding and Nottawasaga Valley Conservation Authority's (NVCA) progress report, be received and; FURTHER THAT: NVCA's Board of Directors approves this progress report in fulfillment of the third progress report to be submitted to the Province by January 1, 2023, as required by O.Reg. 687/21: Transition Plans and Agreements for Programs and Services under Section 21.1.2 of the Act. 12.2.7. Staff Report No. 48-09-22-BOD from Maria Leung, Communications Coordinator Recommendation: Approved by Consent RESOLVED THAT: Staff Report No. 48-09-22-BOD regarding NVCA Communications - September 10 - November 11, 2022, be received. 13. Other Business Vice-Chair Gail Little expressed her appreciation to all members for all their dedication and hard work over the years. CAO Doug Hevenor informed the members about NVCA's Giving Tuesday as well as thanked all the members for their participation over the years. 14. Adjourn Recommendation: RES: 48-22 Moved by: Donna Jebb Seconded by: Cathy Keane Page 58 of 94 15.c) Minutes of Nottawasaga Valley Conservation Authority dated Novembe... RESOLVED THAT: this meeting adjourn at 9:44am to meet again on January 27 2023, or at the call of the Chair. Carried; Page 59 of 94 15.d) Minutes of Lake Simcoe Region Conservation Authority meeting held ... Lake Simcoe Region Conservation Authority Board of Directors' Meeting Board of Directors' Meeting No. BOD-10-22 Friday, December 16, 2022 Hybrid meeting held in-person and virtually via Zoom Meeting Minutes Board Members Present Regional Chairman W. Emmerson (Chair), B. Drew, Councillor A. Eek, K. Ferdinands, Councillor W. Gaertner, Mayor R. Greenlaw, Councillor S. Harrison-McIntyre, Councillor C. Pettingill, Mayor M. Quirk, Councillor C. Riepma, Deputy Mayor T. Vegh, Councillor A. Waters, Councillor E. Yeo Board Members Absent Councillor P. Ferragine (Vice Chair), Councillor K. Aylwin, Mayor D. Barton, Deputy Mayor J. Gough, Mayor V. Hackson Staff Present R. Baldwin, T. Barnett, A. Brown, K. Cheney, M. Critch, A. Cullen, P. Davies, J. Doyley, K. Goodale, D. Goodyear, C. Hawson, K. Kennedy, G. MacMillan, S. McKinnon, D. Ruggle, C. Sharp, C. Taylor, K. Yemm Guests Present M. Giest, R. Gilliland, T. Mrakas, M. Thompson 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: C. Pettingill Seconded by: S. Harrison-McIntyre Page 60 of 94 15.d) Minutes of Lake Simcoe Reg0oarPS1rMecYP01`99 e g�0. lgt!8g held ... Friday, December 16, 2022 Meeting Minutes Page 2 BOD-124-22 Resolved That the content of the Agenda for the December 16, 2022 meeting of the Board of Directors be approved as presented. Carried IV. Adoption of Minutes a) Special Meeting of the Board of Directors Moved by: K. Ferdinands Seconded by: B. Drew BOD-125-22 Resolved That the minutes of the Special Meeting of the Board of Directors, No. BOD-08-22, held on Friday, November 18, 2022 be approved as circulated. Carried b) Board of Directors' Meeting Moved by: K. Ferdinands Seconded by: B. Drew BOD-126-22 Resolved That the minutes of the Board of Directors' Meeting, No. BOD- 09-22, held on Friday, November 25, 2022 be approved as circulated. Carried V.Announcements General Manager, Development, Engineering and Restoration, Glenn MacMillan, advised that staff held a webinar on the Conservation Authority's Engineering processes on November 30tn This was one of a number of webinars staff are hosting to inform and assist staff from member municipalities regarding technical submissions with a goal towards making submission and reviews run smoothly. He noted the webinar was well attended by approximately 180 participants from member municipalities. Other webinars have been or will be held on Hydrogeology, Ecology, Stormwater Management, and more. VI. Presentations a) Bill 23 Update Chief Administrative Officer, Rob Baldwin, provided an update on the enactment dates surrounding Bill 23, including those already in effect, such as the change in Minister now that Conservation Authorities are now back under the Ministry of Natural Resources and Forestry; minor changes around issuance of permits where a Minister's Zoning Order has been issued referred to as the "community infrastructure and housing accelerator", which means an accelerator type of permit follows the same rules as a Minister's Zoning Order permit. Page 61 of 94 15.d) Minutes of Lake Simcoe Reg0oarPS1rMecYP01`99 e g�0. lgt!8g held ... Friday, December 16, 2022 Meeting Minutes Page 3 Other updates for January 1, 2023 include a process change for the disposition of land, simplifying the process for conservation authorities to dispose of lands acquired under Section 39 and a freeze on Planning and Development fees. More changes planned for 2023 include a prohibition on municipal and other programs and services related to reviewing and commenting on prescribed acts; the Minister's power to impose terms and conditions on a project of authority; and exceptions related to Planning Act for certain development activities and areas of municipalities. To view this presentation, please click this link: Bill 23 Update Moved by: K. Ferdinands Seconded by: R. Greenlaw BOD-127-22 Resolved That the presentation by Chief Administrative Officer, Rob Baldwin, regarding an update on Bill 23 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. 3 was identified under items requiring separate discussion. X.Adoption of Items not Requiring Separate Discussion Items No. 1, 2, and 4 were identified under items not requiring separate discussion. Moved by: T. Vegh Seconded by: A. Waters BOD-128-22 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 1. Correspondence BOD-129-22 Resolved That no items of Correspondence be received. Carried Page 62 of 94 15.d) Minutes of Lake Simcoe RegooarPoRMLYPO"99 e g�0. lgt!8g held ... Friday, December 16, 2022 Meeting Minutes Page 4 2. Conservation Authorities Act Quarterly Transition Report No. 3 BOD-130-22 Resolved That Staff Report No. 44-22-BOD regarding the Conservation Authority Transition Quarterly Progress Report No. 3 be received; and Further that the December 2022 Conservation Authority Transition Quarterly Progress No. 3 be approved for submission to the Ministry of Natural Resources and Forestry. Carried 4. Planning and Development Fees Update BOD-131-22 Resolved That Staff Report No. 46-22-BOD regarding the Lake Simcoe Region Conservation Authority Planning and Development Fees Update be received; and Further that the proposed 2% increase to the current Planning and Development Fees as recommended for cost-of-living increase outlined in the Plan Review and Permitting Fee Review Report prepared by Watson &Associates be approved effective December 30, 2022. Carried XI, Consideration of Items Requiring Separate Discussion 3. Lake Simcoe Preserve Update Mayor Quirk asked about next steps for the Lake Simcoe Preserve, community involvement, etc., as well as if staff will be reaching out to the Federal Minister regarding the Fresh Water Action Plan to see if there are any opportunities for funding. She also noted that there has been some talk in the of a national or federal park along Lake Simcoe and wondered if this may be an opportunity for the Lake Simcoe Preserve property. CAO Baldwin first sent thanks to staff at the Town of Georgina for their assistance with tax relief for the property in keeping with its new Provincial zoning change. He went on to note that next steps in the new year include establishing a management group, which would typically include members of the public and a representative from the Town of Georgina Council. He advised that some funding has been received which assisted in provided fencing for the property, and that all funding sources are being explored. On the idea of a national or federal park, CAO Baldwin advised that this will be explored if the opportunity exists. Moved by: M. Quirk Seconded by: E. Yeo BOD-132-22 Resolved That Staff Report No. 45-22-BOD regarding an update on actions completed at the Lake Simcoe Conservation Preserve be received for information. Carried Page 63 of 94 15.d) Minutes of Lake Simcoe Reg0oarPSIrMecYP01`99 e g�0. lgt!8g held ... Friday, December 16, 2022 Meeting Minutes Page 5 XII.Closed Session The Board moved to Closed Session to deal with confidential human resources and legal matters. Moved by: C. Riepma Seconded by: R. Greenlaw BOD-133-22 Resolved That the Board move to Closed Session to deal with confidential human resources and legal matters; and Further that the Chief Administrative Officer and members of the Executive Leadership Team remain in the meeting for the discussion. Carried The Board rose from Closed Session to report findings. Moved by: T. Vegh Seconded by: E. Yeo BOD-134-22 Resolved That the Board rise from Closed Session and report findings. Carried a) Confidential Human Resources Matter Moved by: K. Ferdinands Seconded by: B. Drew BOD-135-22 Resolved That Confidential Staff Report No. 47-22-BOD regarding a confidential human resources matter be approved. Carried b) Confidential Legal Matter Moved by: K. Ferdinands Seconded by: B. Drew BOD-136-22 Resolved That Confidential Staff Report No. 48-22-BOD regarding a confidential legal matter be received for information. Carried XIII. Other Business a) Chair Emmerson noted the Conservation Authority's Annual General Meeting will be held in person at Newmarket's Old Town Hall on Friday, January 27, 2023. b) Chair Emmerson noted that the Lake Simcoe Conservation Foundation will hold its 2023 fundraising golf tournament on Monday, August 21, 2023 at Oakdale Golf Course. Anyone interested in attending may contact Cheryl Taylor @ c.taylor@lsrca.on.ca. Page 64 of 94 15.d) Minutes of Lake Simcoe Reg0oarPSIrMecYP01'99 e g�0. lgt!8g held ... Friday, December 16, 2022 Meeting Minutes Page 6 XIV. Adjournment Moved by: C. Riepma Seconded by: A. Eek BOD-137-22 Resolved That the meeting be adjourned at 11:07 a.m. Carried Regional Chairman Wayne Emmerson Rob Baldwin Chair Chief Administrative Officer Page 65 of 94 15.e) Correspondence dated January 25, 2023 from Township of Petrolia re... January 25, 2023 Hon. Steven Lecce, Minister of Education MPP Bob Bailey, Sarnia-Lambton County of Lambton Municipalities of Lambton County and Ontario Via email During the December 12, 2022, regular meeting of council, the following resolution was passed: Moved: Bill Clark Seconded: Debb Pitel WHEREAS in the Province of Ontario, municipalities are responsible to conduct the election process on behalf of the school boards; and WHEREAS an extensive amount of resources, time and management to advertise, co-ordinate and complete these trustee elections is placed on the municipality; and WHEREAS municipalities do not receive any compensation or re-imbursement for use of orchestration of the school board trustee elections. THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Petrolia request that staff forward this motion to the Hon. Steven Lecce, Minister of Education, MPP Bob Bailey, Ontario Municipal Councils and the County of Lambton requesting that school boards become responsible for conducting their own trustee elections or at minimum municipalities be compensated by the school boards for overseeing such trustee elections; Carried Kind regards, Mandi Pearson Clerk/Operations Clerk Phone: (519)882-2350 • Fax: (519)882-3373*Theatre: (800)717-7694 � 7 uau �'l?i 411 Greenfield Street, Petrolia, ON, NON 1RO o PETR LIA www.town.petrolia.on.ca vou'll be srarorised! 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... Ontario Land Tribunal Tribunal ontarien de I'amenagement du territoire Ontario ISSUE DATE: January 26, 2023 CASE NO(S).: OLT-22-002249 (Formerly PL200194) PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Carmel Pharms Corp. Appellant: 10982377 Canada Inc. Appellant. 2541005 Ontario Limited Subject: By-law No. 2020-046 Municipality: Township of Oro-Medonte OLT Case No.: OLT-22-002249 Legacy Case No.: PL200194 OLT Lead Case No.: OLT-22-002249 Legacy Lead Case No.: PL200194 OLT Case Name: Carmel Pharms Corp. v. Oro-Medonte (Twp.) Heard: April 4, 2022 by video hearing APPEARANCES: Parties Counsel Township of Oro-Medonte C.J. Williams and Andrea Skinner Carmel Pharms Corp. Raivo Uukkivi and Jennifer Evola 2541005 Ontario Limited Stephen Nadler and William Friedman 10982377 Canada Inc. Bobby Vakili Oro-Medonte Community Coalition Ian Flett Corp. MEMORANDUM OF ORAL DECISION DELIVERED JATINDER BHULLAR ON APRIL 4, 2022 AND ORDER OF THE TRIBUNAL Page 67 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... 2 OLT-22-002249 INTRODUCTION [1] This was the fourth Case Management Conference ("CIVIC") held on March 25, 2022 and the Motion hearing by Carmel Pharms which started at this CIVIC was continued on April 4, 2022. [2] This matter arises out of appeals against the passage of Zoning By-law Amendment No. 2020-046 ("proposed Zoning By-law Amendment") by the Township of Oro-Medonte ("Township"). The proposed Zoning By-law Amendment would amend the Township's comprehensive Zoning By-law No. 97-95 ("Zoning By-law") to regulate cannabis production and processing facilities in the Township. There are three appellants and the matter was originally scheduled to be heard as a consolidated hearing lasting about three weeks. [3] This decision provides for Tribunal determinations regarding: a. Carmel Pharms Motion; and b. Settlement hearing regarding Carmel Pharms appeal. CARMEL PHARMS MOTION [4] Carmel Pharms Corp. ("Carmel Pharms") reached a settlement with the Township leading up to the hearing. As a result, it requested and was allowed by the Tribunal to carry-out the following: a. motion of to separate its appeal from the consolidated hearing scheduled to be heard with the other two appellants in the matter. These are 10982377 Canada Inc. ("Organibis") and hip of Oro-Medonte ("Township"). b. Should the Tribunal allow the motion, the Carmel settlement hearing will commence immediately prior to the start of appeals by the remaining Page 68 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... 3 OLT-22-002249 parties. [5] The parties informed the Tribunal that their written records are already before the Tribunal and that further oral arguments or submissions would not be necessary. Carmel Pharms informed that the Affidavit of Derek Witlib in support of the Motion and the settlement reached between the Township and Carmel Pharms is part of their motion record. Carmel Pharms Motion Requested Relief [6] Carmel Pharms' requests the following in their Motion: a. That their appeal be separated from the other two Appellants; b. That their settlement hearing be held once the appeal is separated; and c. Such further and other relief as counsel may request and as may be granted by the Tribunal. Evidence, Analysis and Findings [7] Information relied upon by the Tribunal: a. PL200194 By-law 2020-046 Motion Record of Carmel Pharms Corp. February 11 , 2022 b. Notice of Response to Motion of 2541005 Ontario Limited on March 23, 2022 c. PL200194Revised Draft Order March 29, 2022 [8] The Township supported the Carmel Pharms' Motion but did not file a response. [9] 2541005 Ontario ("254") opposed the Motion and filed a response. Organibis Page 69 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... 4 OLT-22-002249 also opposed the Motion and supported 2541005 Ontario in its submission but filed no response of its own. [10] Oro-Medonte Community Coalition Corp. ("Community Coalition") took no position on the Motion. [11] Carmel Pharms submitted that: 1. Given the settlement of the Carmel Pharms' with the Township, it is appropriate to hear the Carmel Pharms matter separately and in advance of the consolidated proceeding and to determine it without prejudice to the positions of the other Appellants. 2. Pursuant to Rule 16.4 of the Ontario Land Tribunal's Rules of Practice and Procedure ("OLT Rules"), the Tribunal is empowered to reverse a decision it previously made regarding the consolidation of proceedings at any time it finds that, among other reasons, a party is unduly prejudiced. 3. The Tribunal's June 18, 2021 decision was concerned that the proceeding would be inefficient, duplicative, and would risk inconsistent outcomes if three contested hearings challenged the same zoning by-law. 4. Carmel Pharms' request will reduce the length of the hearing. The matter removes the complexity associated with the consideration of a legal, existing,site-specific use by providing it with an exemption. Carmel Pharms' ongoing operations and its ability to run its business are significantly prejudiced if it cannot proceed with its ongoing expansion. The remaining Appellants are not prejudicedby Carmel Pharms' settlement with the Township and the approval of By-law No. 2020-046 as it relates to the Lands and are free to continue to challenge By-law No. 2020-046. [12] 254 submitted that: Page 70 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... 5 OLT-22-002249 1. The By-law is currently the subject of three ongoing appeals, with Carmel's appeal being one of the three. In April 2021, the Township brought a motion for (in part) an order that each of the three appeals be heard separately. All the Appellants, including Carmel Pharms' opposed the Township's Motion. In its Decision dated June 18, 2021 (copy attached), the Tribunal dismissed the Township's Motion and instead held that all three appeals be consolidated: to ensure the fair,just and expeditious determination of each proceeding". The Tribunal further held that the appeals "are similar and that it would be inefficient, duplicative, and would risk inconsistent outcomes if the appeals were heard separately": Paragraph 25 of the Decision. 2. 254 took no issue with the proposed exclusions to the By-law that pertain to Carmel Pharms' property on a site-specific basis. Those amendments are set out at sections 4 and 5 of the draft revised By-law attached to Carmel Pharms' Notice of Motion herein. 3. 254 submitted that the By-law (other than the said proposed amendments) directly impacts each of the co-Appellants' lands, and the propriety of the By-law is to be exclusively determined following the upcoming consolidated appeals hearing. 4. Accordingly, the By-law cannot be approved by way of a motion in advance of the appeals hearing. To do so would obviously prejudice the co-Appellants' ongoing appeals and would deny them procedural fairness. 5. 254 further submitted that Carmel Pharms' Motion is also premature and that this Tribunal should not hear the Motion in advance of deciding on the entire By-law. The Motion should be brought, if at all, only after the By- law's appeals hearing is determined. If the appeals are successful, then the By-law would be repealed and there would not be any motion to approve an amendment to the By-law. Alternatively, if the appeals are Page 71 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... 6 OLT-22-002249 unsuccessful and the By-law is permitted, Carmel Pharms could then seek to have the By-law amended to exclude its property from the By-law's application in accordance with its reported settlement with the Township. [13] During the CIVIC the parties provided further elaboration on their positions in the Motion. The Tribunal notes that the parties did not contest the assertion by 254 that while in developing and finalizing the PO, the parties identified their issues individually. However, there was consensus among the parties and a finding made by the Tribunal in it June 18. 2021 decision that the underlying issues were similar. This is one of the reasons that the Tribunal in its decision of June 18, 2021 rejected the then Motion brought by the Township to have the three hearings to be separated whereas they have been previously consolidated. [14] Based on the motion record and submissions of the parties the Tribunal determined and informed the parties as follows orally on April 4, 2022: a. that the approach taken by Carmel Pharms to not have the hearing carried out as scheduled and directed in the PO has non-specific merit from a planning perspective; b. Some of the wording in the draft of order requested by Carmel Pharms was potentially problematic in terms of Tribunal's ability to fairly adjudicate for the remaining appeals of 254 and Organibis. Some excerpted examples from Carmel Pharms requested draft order are noted below: i. The appeal by Carmel Pharms Corp. of Township of Oro- Medonte Zoning By-law No. 2020-046 is allowed, in part .... ii. Township of Oro-Medonte Zoning By-law No. 2020-046 is hereby modified in the form attached to this Order as Attachment 1, only as it relates to .... iii. Notwithstanding the partial approval of By-law 2020-046, as Page 72 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... 7 OLT-22-002249 modified and as it relates solely to .... [15] The Tribunal concluded that considering the OLT Rules 16.1 and 16.4, that the Carmel Pharms' Motion; if allowed; has the potential to create at least more complicated, problematic for fair and efficient adjudication versus the single consolidated hearing in the matter. [16] The Tribunal thus denied the original Carmel Pharms motion and issued an oral order as follows: • THE TRIBUNAL ORDERS that the Carmel Pharms Motion seeking that their appeal be heard separately and before the completion of the scheduled consolidated hearing in this matter is denied and that the request to issue an order approving a possible Zoning By-law Amendment agreed to with the Township of Oro-Medonte is denied. REVISION OF ORIGINAL ORAL ORDER: BACKGROUND [17] Once the Tribunal provided the oral decision to the parties on April 4, 2022 with the underlying reasons, Carmel Pharms', Organibis, 254 and the Township sought a break to consider Tribunal's decision and order. The parties also volunteered to work together to review Tribunal's concerns which caused it to deny the Carmel Pharms motion. [18] The three Appellants and the Township worked together as the panel stood down. As a result, a revised form of the draft order was submitted to the Tribunal on consent of all the Appellants and the Township. Oro-Medonte Community Coalition Corp. took no position in the matter. [19] The Tribunal received the joint submission of the parties. Having reviewed this material in the form of a revised draft order, the Tribunal on its own motion under Rule 10.11 initiated a review of its order made earlier that day per Rule 10.11 of the OLT's Rules: Page 73 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... 8 OLT-22-002249 • 10.11 Tribunal May Initiate a Motion The Tribunal may, at any time in a proceeding, initiate a motion to inquire into any matter or question of law in relation to its jurisdiction, and may determine the parties to that motion and issue directions necessary to inquire into the matter. [20] The Tribunal determined that its concerns were addressed with the revised draft order submitted by Carmel Pharms with consent of the Township and the two other Appellants parties. [21] As a result, the Tribunal rescinded its original oral order made that day and ordered as follows: [22] The TRIBUNAL ORDERS THAT: a. the Motion of Carmel Pharms is granted; and b. The consolidated hearing is separated as follows: 1. Carmel Pharms' appeal is separated and the other two Appellants and Oro-Medonte Community Coalition Corp. are granted party status in the settlement hearing between Carmel Pharms and the Township; and 2. Organibis and 2541005 Ontario appeals remain consolidated with Oro- Medonte Community Coalition Corp. as a non-Appellant party. For the conduct of this hearing, the PO is revised and Carmel Pharms issues are deleted from the issues list and Carmel Pharms has no standing in the remaining appeals. CARMEL PHARMS SETTLEMENT HEARING [23] The Tribunal received the uncontroverted and uncontested expert opinion evidence Affidavit of Mr. Witlib who opined and summarized that the site specific Page 74 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... 9 OLT-22-002249 settlement between Carmel Pharms and the Township has due regard for provincial interest, is consistent with the Provincial Policy Statement 2020, conforms with the County and Township Official Plans and represents good land use planning in the context of a farming operation that was in operation already. [24] Based on the testimony of Mr. Witlib, the Tribunal finds that the Carmel Pharms Zoning By-law amendment has appropriate regard for matters of provincial interest, is consistent with the Provincial Policy Statement 2020, conforms with the County and Township Official Plans and represents good land use planning. ORDER [25] THE TRIBUNAL ORDERS as follows: 1. the appeal by Carmel Pharms Corp. of Township of Oro-Medonte Zoning By-law No. 2020-046 is allowed, in part and is without prejudice to the remaining appeals of Township of Oro-Medonte Zoning By-law No. 2020- 046; 2. Township of Oro-Medonte Zoning By-law No. 2020-046 is hereby modified in the form attached to this Order as Attachment 1 , only as it relates to the Lands municipally known as 837 Line 7 South in the Township of Oro- Medonte (the "Carmel Pharms Lands"), and the Zoning By-law No. 97-95 of the Township of Oro-Medonte shall be amended in accordance with Attachment 1, only as it relates to the Carmel Pharms Lands, immediately upon the issuance of this Decision and Order; and 3. Notwithstanding the partial approval of By-law No. 2020-046, as modified and as it relates solely to the Carmel Pharms Lands, the Tribunal retains jurisdiction to consider the appeals of the remaining Appellants of By-law No. 2020-046, as it relates to the balance of the lands in the Township and, in this regard, shall exercise its jurisdiction under section 34(26) of the Planning Act and it may (a) dismiss the remaining appeals; (b) further Page 75 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... 10 OLT-22-002249 amend By-law No. 2020-046, except as it relates to the Carmel Pharms Lands; or (c) repeal in whole or in part, or direct Township Council to repeal in whole or in part, By-law No. 2020-046, except as it relates to the Carmel Pharms Lands, in which case the Township is authorized to make such formatting and stylistic changes to the form of Attachment 1 as may be necessary to reflect such repeal and also the continued application of By-law No. 2020-046 as amended to the Carmel Pharms Lands; 4. For greater certainty, the scope and effect of this order and the Zoning By- law Amendment attached as Attachment 1 to this Order, is restricted only to the Carmel Pharms Lands, and have no effect on or application to any other lands in the Township of Oro-Medonte; 5. The Tribunal authorizes the Municipal Clerk to format and assign a new by-law number to Attachment 1 for record-keeping purposes, as may be necessary and shall provide the following note in highlight for information purposes: The Township of Oro-Medonte Zoning By-law No. 2020-046 remains under appeal for the entirety of the Township and is not in force and effect save and except as it relates to the lands municipally known as 837 Line 7 South in the Township of Oro- Medonte. "Jatinder Bhullar" JATINDER BHULLAR 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 76 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... ATTACHMENT 1 Carmel Pharms Specific Zoning By-law Amendment Page 77 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... "The Township of Oro-Medonte Zoning By-law No. 2020-046 remains under appeal for the entirety of the Township and is not in force and effect save and except as it relates to the lands municipally known as 837 Line 7 South in the Township of Oro-Medonte." THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2022-### (OLT) A By-law to Amend Zoning By-law 97-95, as amended (Cannabis Production and Processing Facilities) Whereas the Council of the Corporation of the Township of Oro- Medonte is empowered to pass by-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13; And Whereas, following a review of the land use policies in the Township related to Cannabis Production and Processing Facilities, and having provided adequate information to the public and having held at least once public meeting, Council deemed it appropriate to adopt By-law 2020-046, being a By-law to Amend Zoning By-law 97- 95, as amended, in accordance with the policies of the Official Plan: And Whereas Council's adoption of By-law 2020-046 was appealed to the Ontario Land Tribunal (File No. PL200194) pursuant to Section 34(19) of the Planning Act, R.S.O., c. P.13; and the Ontario Land Tribunal held a series of hearing events with respect to the appeals; Now Therefore pursuant to the Order of the Ontario Land Tribunal, By-law 97-95 is further amended as follows: That Section 3.0 Table A3 - Industrial Zones Permitted Uses is amended by adding "Cannabis Production and Processing Facility"to the permitted uses in the Rural Industrial (IR) and Economic Development (ED) Zones. That Section 4.0 Table 83- Standards for Industrial Zones is amended by the addition of the following: Page 78 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... "Special Provisions: 1. A Cannabis Production and Processing Facility"in the Economic Development (ED) Zone or the Rural Industrial (IR) Zone shall also be subject to the following provision: Minimum setback from a Sensitive Land Use That Section 6.0- Definitions is hereby amended by: Adding the following new definitions: "CANNABIS 13 Page 79 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... Means the definition of Cannabis as set out in the Cannabis Act, S.C. 2018, c 16. For clarity, "Cannabis" also includes "industrial hemp" as defined in the Industrial Hemp Regulations, SOR/2018- 145." "CANNABIS PRODUCTION AND PROCESSING FACILITY Means any building, structure or land in or upon which is carried out any activity authorized pursuant to the Cannabis Act, S.C. 2018, c. 16 or the Controlled Drugs and Substances Act, S.C. 1996, c. 19, and any regulations made pursuant to these statutes For clarity, a Cannabis Production and Processing Facility does not include: the production of up to four (4) Cannabis plants at any one time in a dwelling house; the production of Cannabis by a person who is authorized by Health Canada to produce Cannabis for their own medical purposes; or the production of Cannabis by a person who has been designated to produce Cannabis for the medical purposes of a person registered with Health Canada in accordance with the Cannabis Act, the Controlled Drugs and Substances Act or any regulations made pursuant to these statutes." "Sensitive Land Use Means an existing residential building, existing place of worship building, or lands containing or zoned to permit a public or private school, a day nursery, a public park, a public trail or a community centre." Adding the following sentence at the end of the definition of"Agricultural Use": "An Agricultural Use does not include a Cannabis Production and Processing Facility or the outdoor growing of Cannabis." Adding the following sentence at the end of the definition of"Agricultural Use, Specialized": "A Specialized Agricultural Use does not include a Cannabis Production and Processing Facility or the outdoor growing of Cannabis." 4. Schedules 'A4' and 'AS to Zoning By-law 97-95, as amended, are hereby further amended by changing the zone symbol applying to the lands located in Part of Lot 25 South of CNR, Concession 8 (Oro), Township of Oro- Medonte, from the Agricultural/Rural (A/RU) Zone to Agricultural/Rural Page 80 of 94 15.f) Correspondence dated January 26, 2023 from Ontario Land Tribunal (... Exception XXX (Holding) (A/RU*XXX# (H)) Zone, as shown on Schedule "A" attached and forming part of this By-law. 5. Section 7.0 - to Zoning By-law 97-95, as amended, is hereby further amended by adding the following subsection: 6. Section 7.0 - to Zoning By-law 97-95, as amended, is hereby further amended by adding the following subsection: 7.XXX *XXX - Part of Lot 25 South of CNR, Concession 8 (Oro), Township of Oro-Medonte 1. On the lands denoted by the symbol *XXX on the schedule to this By- law: a)Notwithstanding Table A4 - Permitted Uses, in addition to the permitted uses of the Agricultural/rural (A/RU) Zone, a Cannabis Production and Processing Facility is permitted; b)Notwithstanding any other provisions of this By-law, the outdoor growing, outdoor producing or outdoor processing of Cannabis is prohibited. c)Notwithstanding any other provisions of this By-law,the minimum setback for a Cannabis Production and Processing Facility from a Sensitive Land Use is 100 metres." 6. That all Cannabis Production and Processing Facilities will be subject to site plan control pursuant to Section 41 of the Planning Act. Page 81 of 94 15.g) Correspondence dated February 1 , 2023 from Orillia Public Library ... Memo Orillia Public To: Shawn Binns, Director, Operations & Community Services, L i ra ry Township of Oro-Medonte From: Melissa Robertson, Director of Corporate and Operational Services, Orillia Public Library Cc: Bessie Sullivan, CEO, Orillia Public Library Date: February 1, 2023 Subject: Township of Oro-Medonte Statistics: January 2023 Please see our monthly statistics below for the Township of Oro-Medonte. Don't hesitate to contact me if you have any questions or concerns. Township of Oro-Medonte Borrower Type Number of members* Number of members Check Outs and borrowing Renewals February 1, 2023 Jan 1-31, 2023 Jan 1-31, 2023 Township of Oro- 1,125 416 3,433 Medonte Adult Township of Oro- 244 66 553 Medonte Child Township of Oro- 51 15 73 Medonte Youth Township of Oro- 0 0 Medonte Housebound E-Access 91 N/A N/A Total 1,511 497 4,059 Borrowing statistics on this chart are limited to the circulation of physical items, including books, magazines, DVDs, CDs, books on CD, video games, etc. Not represented in the above figures are e-book, e-audiobook or e-magazine downloads, music downloads, online access to database, or program attendance. *Number of members subject to final verification by Orillia Public Library. Page 82 of 94 16.a) Correspondence dated January 23, 2023 from Ryan Post, Nottawasaga... DRINKING WATER Lake Simcoe Region SOURCE PROTECTION conservation authority 2'D,noHaF � ACT FOR CLEAN WATER miA South Georgian Bay Lake Simcoe Source Protection Region January 23, 2023 Via email: yaubichon@oro-medonte.ca Mayor Greenlaw and Members of Council c/o Clerk's Office 705.4157.2171 ext. 2142 Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL2EO Dear Mayor Greenlaw and Members of Council, 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 Purpose: The Nottawasaga Valley Source Protection Authority (SPA) are proposing amendments to the South Georgian Bay Lake Simcoe (SGBLS) Source Protection Plan under Section 34 of the Clean Water Act, 20015. These amendments will incorporate new technical work completed for the following: • Planned Craighurst well PW4 to support the proposed new development and in association with the expansion of the existing Craighurst Drinking Water System, Township of Oro-Mendote. Over the past several months, SPA staff have been working with Township of Oro-Medonte staff to finalize these amendments. Background: Section 34 of the Clean Water Act, 2008 provides a SPA with the option to amend the source protection plan. As part of the Section 34 process, SPAs are required by the Province to formally inform all relevant bodies responsible for implementing Source Protection Plan policies of the proposed changes during pre- consultation, prior to conducting a broader public consultation. Following completion of the technical work, the Source Protection Authority can initiate amendments under Section 34 of the Clean Water Act. As part of the Section 34 process, proposed amendments are taken to all relevant implementing bodies for pre- consultation, all affected Municipalities for endorsement, and finally to the public with a 35-day consultation period. Public consultation is expected to occur in mid-March to mid-April, 2023, after which the proposed amendments will be submitted to the Minister of Environment, Conservation and Parks for approval. Upon plan approval from the Minister, the Assessment Report formally becomes part of the Plan and all existing policies will apply to the updated wellhead protection areas. Details of the updated wellhead protection areas: A new well (Craighurst Well 4) has been constructed to provide water to a planned new residential development in Craighurst. and in association with the expansion of the existing Craighurst Drinking Water System. The well, located on the northside of Horseshoe Valley Road and east of Penetaguishene Road, is anticipated to serve up to 750 residential units. It is screened within a deeper aquifer (Aquifer 3) at elevations of approximately 182 to 202 masl. In comparison, the existing Craighurst wells 2 and 3 are completed in the regional A2 aquifer-a confined overburden (sand) aquifer which is locally present at elevations between 230 metres above sea level (masl) and 240 masl. The well has been tested and is Page 1 of 5 Page 83 of 94 16.a) Correspondence dated January 23, 2023 from Ryan Post, Nottawasaga... able to meet the water supply demands for the planned development. The well has been constructed for municipal water use and meets Ontario Regulation 903 standards. Before water can be provided to the public from new municipal wells, it must be incorporated into the South Georgian Bay Lake Simcoe Source Protection Plan. Technical work, including delineation of wellhead protection areas (WHPAs) and vulnerability analysis, must be completed before a new well can be added to the Source Protection plan. Stantec delineated the WHPA based on the Uniform Flow Method. No WHPA-E was delineated as the well was determined not be a groundwater under direct influence well. Summary of Changes: The Wellhead Protection Area (WHPA) modelling was based on a pumping rate of 36 L/s to ensure the well had the capacity to service additional growth in Craighurst. The WHPA covers an area of approximately 16.94 kmz and extends in an easterly direction away from the wells. Groundwater vulnerability was calculated using the Aquifer Vulnerability Index method. The Groundwater Vulnerability for the municipal water supply aquifer within the WHPA is considered to be Medium near the municipal wells and Low within WHPA-B to WHPA-D east of the wells. Area with a vulnerability score of 10 is limited to the WHPA-A. Seven potential significant drinking water threats were found on seven properties corresponding all to the handling and storage of DNAPLs. Upon approval of the amendment, these property owners will be contacted by the Risk Management Official, to confirm the threats, and to identify any appropriate risk management measures to be put in place. Updates to both the Source Protection Plan and the Township of Oro Medonte chapter in the Assessment Report are required to incorporate the updated technical work completed for the planned Craighurst PW4 well. These changes will include: • updating the well count for Craighurst; • updating the threat enumeration to account for threat verification for the Craighurst PW4 well; • updating all mapping/figures and associated text for the WHPAs and vulnerability scores; • updating the chemical, pathogen, and DNAPL threat figures to account for changes in the vulnerability scores; and • updating the percent managed lands, livestock density, and percent impervious surfaces figures. Based on these findings, it is recommended that no changes to the Source Protection Plan policies are required. The relevant assessment report sections and associated amendments can be downloaded using the following link: Step 5e Municipal Council's Request Municipal Council Resolution: Under Section 34 of the Clean Water Act, 20015, a municipal council resolution, from both upper and lower tier, is required from each municipality affected by the amendments. As the local Source Protection Authority, we are requesting this resolution before the public consultation period (expected to commence in mid-March, 2023) since it is required to be included when the amendments are submitted to the Ministry of the Environment, Conservation and Parks for final approval. Proposed Recommendation: Be It Resolved, that the Township of Oro-Medonte Council hereby: Page 2 of 5 Page 84 of 94 16.a) Correspondence dated January 23, 2023 from Ryan Post, Nottawasaga... 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. Next Steps: Once the pre-consultation period ends on March 7, 2023, written comments will be reviewed and, if necessary, changes will be made to the Source Protection Plan text and mapping. Preparations will be made for consulting with the public and all stakeholders in mid-March to mid-April, 2023. Following the period of Public Consultation, where warranted, revisions will again be made to Source Protection Plan text and mapping. Lastly, the proposed amendments will be submitted to the Minister for consideration and approval. Prepared by: ff Ryan Post Manager, Watershed Science, NVCA Bill Thompson Project Manager, South Georgian Bay—Lake Simcoe Source Protection Region CC: Michelle Jakobi Director, Environmental Services 705.4157.2171 x2503 Township of Oro-Medonte miakobiaoro-medonte.ca Melissa Carruthers Risk Management Official/ Risk Management Inspector Severn Sound Environmental Association 489 Finlayson St, P.O. Box 460, Port McNicoll, ON LOK 1 RO MCarruthersasevernsound.ca Page 3 of 5 Page 85 of 94 16.a) Correspondence dated January 23, 2023 from Ryan Post, Nottawasaga... List of Anticipated Amendments to the SGBLS Source Protection Plan Section of SGBLS Source Protection Plan (including Oro- Brief Description of Proposed Amendment Medonte Chapter, Assessment Report) Updated content to include: updated well count (Chapter 1); new 1. Front Material figure with updated WHPA, updated well count, and updated significant threats for the Craighurst municipal system, Township of Oro-Medonte (Chapters 15-onwards: Threats by Municipality). 2. Chapter 15, Section 15.3 Updated general system overview to ensure that it is up to date. Chapter 15, Section 15.3.1.1 3. Wellhead Protection Area Updated the text to reflect the inclusion of PW4. HPA) Delineation 4 Chapter 15, Section 15.3.1.6 Updated uncertainty rating to reflect the updated model results. Uncertainty Rating Chapter 15, Section 15.3.2 Updated the text to ensure it is up to date and reflective of new 5. Drinking Water Issues information provided in the Stantec report. Evaluation Chapter 15, Section 15.3.3 Updated the text to ensure it is up to date and reflective of new 6. Drinking Water Threats information provided in the Stantec report. Evaluation Chapter 15, Section 15.3.3.5 Updated the significant drinking water threats associated with the 7. Enumerating Drinking Water Town of Oro-Medonte wells. Threats 8 New Director Technical General text update to ensure compliance and consistency with Rules the new Director Technical Rules. 9. Typographical changes Ensured that the number of wells is correctly indicated throughout the chapter. 10. Chapter 15, Figure 15-1 Updated figure "Drinking Water System Vulnerable Areas in Township of Oro-Medonte" 11. Chapter 15, Figure 15a-1 Updated figure "Wellhead Protection Areas, Craighurst, Oro- Medonte" 12. Chapter 15, Figure 15a-2 Updated figure "Groundwater Vulnerability, Craighurst" 13. Chapter 15, Figure 15a-3 Updated figure "Vulnerability scores, Craighurst" 14. Chapter 15, Figure 15a-4 Updated figure "Areas where pathogens are or would be significant, moderate, or low threats, Craighurst" 15. Chapter 15, Figure 15a-5 Updated figure "Areas where chemicals are or would be a significant, moderate, or low threats, Craighurst". 16. Chapter 15, Figure 15a-6 Updated figure "Areas where DNAPLs are or would be significant, moderate, or low threats, Craighurst". 17. Chapter 15, Figure 15a-7 Updated figure "Managed Lands, Craighurst". 18. Chapter 15, Figure 15a-8 Updated figure "Livestock Density, Craighurst". 19. Chapter 15, Figure 15a-9 Updated figure "Impervious surfaces, Craighurst". 20. References Added new technical work report from Stantec to the References list. Page 4 of 5 Page 86 of 94 16.a) Correspondence dated January 23, 2023 from Ryan Post, Nottawasaga... Section of SGBLS Source Protection Plan (including Oro- Brief Description of Proposed Amendment Medonte Chapter, Assessment Report) 21. Appendix A- Oro-Medonte Added reference to the Stantec report that outline the technical work. Page 5 of 5 Page 87 of 94 18.a) 2023-009, A By-law to Appoint Municipal Law Enforcement Officers/P... The Corporation of the Township of Oro-Medonte By-law No. 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" Whereas Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administration practices are in place to implement the decisions of Council; And Whereas Section 15 of the Police Service Act, R.S.O. 1990, Chapter P. 15, provides the appointment of Municipal Law Enforcement Officers for the purpose of enforcing the by-laws of a municipality; And Whereas the Council of the Corporation of the Township of Oro-Medonte does now find it expedient to appoint Municipal Law Enforcement Officers/Provincial Offences Officers; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the employees of The Corporation of the Township of Oro-Medonte outlined in Schedule "A" attached hereto and forming part of this by-law, be appointed Municipal Law Enforcement Officer/Provincial Offences Officers; 2. That the employees of The Corporation of the Township of the Township of Oro- Medonte outlined in Schedule "B", attached hereto and forming part of this by- law, be appointed Municipal Law Enforcement Officers/Provincial Offences Officers for the purpose of parking infractions; 3. That By-law Nos 2022-038, 2022-054 and any other applicable by-law enacted to Appoint Municipal Law Enforcement Officer/Provincial Offences Officers are hereby repealed in their entirety. 4. The By-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 8t" day of February, 2023. IWAW The Corporation of the Township of Oro-Medonte Mayor, Randy Greenlaw Clerk,Yvonne Aubichon Page 88 of 94 18.a) 2023-009, A By-law to Appoint Municipal Law Enforcement Officers/P... Schedule "A" to By-law No. 2023-009 for The Corporation of the Township of Oro-Medonte Municipal Law Enforcement Officers/ Provincial Offences Officers Mateo Mir Bashiri Melanie Brown Luke Cuppage Riley Hannan Jamie MacNeil Garry McCartney Justin Metras Sherri Moore Hugh Murray Brad Robinson Brooklyn Robinson Evan Rowland Michael Ryan Chelsey Sara Curtis Shelswell Delanie Wilson Page 89 of 94 18.a) 2023-009, A By-law to Appoint Municipal Law Enforcement Officers/P... Schedule "B" to By-law No. 2023-009 for The Corporation of the Township of Oro-Medonte Municipal Law Enforcement Officers/ Provincial Offences Officers For the purpose of parking infractions Paul Helden Justin Metras Karla Musso-Garcia Brad Robinson Scott Thomson John Kirk Page 90 of 94 18.b) 2023-010- A By-Law for the Transfer of Assets to the Municipal Ser... The Corporation of the Township of Oro-Medonte By-Law No. 2023-010 A By-Law for the Transfer of Assets to the Municipal Services Corporation Whereas on January 1, 2020, The Township of Oro-Medonte incorporated a Municipal Services Corporation under the authority of Subsection 203(1) of the Municipal Act, 2001 S.O. 2001, c.25 which authorizes the Township to establish corporations. And Whereas on January 1, 2020, The Township of Oro-Medonte incorporated a Municipal Services Corporation under the authority of Clause 3(a) of Ontario Regulation 599/06. And Whereas on August 18, 2021, The Township of Oro-Medonte Council passed Resolution No. C210817/18-21 to endorse an Asset Transfer Policy for the Municipal Services Corporation. And Whereas on January 25, 2023, The Township of Oro-Medonte Council passed Resolution No. C230125-10 to receive the Asset Transfer Schedule, as regulated by PSAB Section 3430, to enable transfer of the assets from the Corporation of the Township of Oro-Medonte to the Municipal Services Corporation, effective January 31, 2023. Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That effective January 31, 2023, the assets listed in Schedule 1, as attached, be transferred from the Corporation of the Township of Oro-Medonte to the Municipal Services Corporation. 2. And That this by-law shall come into force and take effect on the final passing thereof. By-Law Read a First,Second and Third time, and Passed this 8t" day of February, 2023. The Corporation of the Township of Oro-Medonte 'IW- Mayor, Randy Greenlaw Clerk,Yvonne Aubichon Page 91 of 94 18.b) 2023-010- A By-Law for the Transfer of Assets to the Municipal Ser... SCHEDULE 1 - 2023 Asset Transfer Schedule Municipal Drinking Water All fixtures, equipment, improvements, and appurtenances inherent to the supply, treatment, and distribution of municipal drinking water at the following municipal drinking water systems as authorized and amended by the Ministry of Environment, Conservation & Parks through the Safe Drinking Water Act (SDWA), 2002: Location Drinking Water Municipal Drinking Drinking Water System Number Water Licence Works Permit Braestone 260095498 N/A N/A Canterbury 220007454 126-106 126-206 Cedarbrook 220006936 126-108 126-208 Crai hurst 250001322 126-109 126-209 Harbourwood 220006703 126-110 126-210 Horseshoe Highlands 250001402 126-101 126-201 Maplewood 220004135 126-104 126-204 Medonte Hills 220003920 126-111 126-211 Robincrest 220010752 126-107 126-207 Shanty Bay 220005198 126-105 126-205 Su arbush 220001518 126-102 126-202 Warminster 220005125 126-103 126-203 Communal Tile All fixtures, equipment, improvements, and appurtenances inherent to the collection, treatment, and disposal of municipal sewage at the following municipal communal tile systems located in Horseshoe Valley, as authorized and amended by the Ministry of Environment, Conservation & Parks through the Environmental Protection Act (EPA), 1990: Wastewater Environmental Location System Number Compliance Approval Township of Oro-Medonte Communal Tile N/A Collection System 126-W601 Communal Tile Field 1 120003799 8000-BD9SEA Communal Tile Field 2 120003806 8649-BVQJ2Q Communal Tile Field 3 120003815 9622- C6NMVN Page 92 of 94 18.b) 2023-010- A By-Law for the Transfer of Assets to the Municipal Ser... Communal Tile Field 4 120003824 7776-BRGLAP Communal Tile Field 5 120003833 9708- BDAHGS Communal Tile Field 6 120003842 3726-BCZLBB Communal Tile Field 7 120003851 2781-BD8KZG Urbanized Stormwater Management All fixtures, equipment, improvements, and appurtenances inherent to the collection and treatment of municipal stormwater management within select urbanized and recognized plans of subdivision, as authorized and amended by the Ministry of Environment, Conservation & Parks through the Environmental Protection Act (EPA), 1990: Location Environmental Compliance Approval Township of Oro-Medonte Urbanized Stormwater 126-S701 Management System Streetlights All fixtures, equipment, improvements, and appurtenances inherent to streetlighting infrastructure in the identified Street Lighting Areas as authorized and amended by Township of Oro-Medonte By-Law No. 2022-052. Location Municipal By-Law Township of Oro-Medonte Streetlights (by identified areas 2022-052, as amended and general Township) Under Public Sector Accounting Board (PSAB), tangible capital assets are recorded at cost, which includes all amounts that are directly attributable to the acquisition, construction, development, or betterment of the asset. The cost, less residual value, if any, of tangible capital assets are amortized on a straight-line basis, over the expected useful life of the asset. For financial reporting purposes, the transfer of assets is considered to be a restructuring transaction as defined in PSAS 3430: Restructuring Transactions. In PSAB section, 3430.37 a transfer of assets transferred in a restructuring transaction should be at their carrying amount (i.e. net book value). The audited net book value as of December 31, 2021 , for these tangible assets, totaled $20,548,341 . Once transferred into the newly formed organization International Financial Reporting Standards (IFRS) will now be required and as such the assets will be re-evaluated at fair market value in the first fiscal period. Page 93 of 94 20.a) 2023-011 , Being a by-law to confirm the proceedings of the Council... The Corporation of the Township of Oro-Medonte By-Law No. 2023-011 Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, February 8, 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, February 8, 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 By-Law Read a First, Second and Third time, and Passed this 8t" day of February, 2023. The Corporation of the Township of Oro-Medonte Mayor, Randy Greenlaw Clerk,Yvonne Aubichon Page 94 of 94