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03 22 2023 Council Minutes91Tou'1t5i1ip q Proud Heritage, Exciting Future Wednesday, March 22, 2023 The Township of Oro-Medonte Council Meeting Minutes Electronic Hybrid Meeting 2022-2026 Council Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard (arrived @ 2:44 p.m.) Councillor David Clark Councillor Richard Schell Councillor Robert Young 1:00 p.m. Staff Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Present: Michelle Jakobi, Director, Environmental Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Nelly Morrow, Director, Finance/Chief Financial Officer; Hugh Murray, Director, Fire & Emergency Services/Fire Chief; Tamara Obee, Director, Human Resources; Derek Witlib, Acting Director, Development Services; Justin Metras, Manager, Infrastructure and Capital Projects; Michael Barton, Township Planning Consultant, Jennifer Whitley, Economic Development/Communications Advisor; Advisor; 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 to order followed by a moment of reflection. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [0-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. Page 1 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. C230322-1 Moved by Schell, Seconded by Clark Be it resolved that the agenda for the Council meeting of Wednesday, March 22, 2023 be received and adopted, as amended to update, Item 4c) to read as follows: 4c) Robin Dunn, CAO re: Solicitor -client privilege; Litigation affecting the municipality (Cannabis; and Short Term Rentals). Carried. Motion No. C230322-2 Moved by Lavoie, Seconded by Hutcheson Be it resolved that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-165 be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement, if necessary. Carried. 3. Disclosure of Pecuniary Interest: Councillor Schell declared a conflict of interest on a portion of Item 4c) Robin Dunn, CAO re: Solicitor -client privilege; Litigation affecting the municipality (Cannabis; and Short Term Rentals) and Item 13b) Deputy Mayor Lavoie re: Proposed Motion Regarding Temporary Accommodation as he owns a Bed & Breakfast establishment in Ward 5. Page 2 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C230322-3 Moved by Young, Seconded by Schell Be it resolved that we do now go in Closed Session at 1:05 p.m. to discuss • Solicitor -client privilege; Litigation affecting the municipality (Cannabis; and Short Term Rentals). Carried. b) Motion to Rise and Report. Motion No. C230322-4 Moved by Hutcheson, Seconded by Lavoie Be it resolved that we do now Rise at 2:09 p.m. and Report on the Closed Session Item 4 c) Robin Dunn, CAO re: Solicitor -client privilege; Litigation affecting the municipality (Cannabis; and Short Term Rentals). Carried. c) Robin Dunn, CAO re: Solicitor -client privilege; Litigation affecting the municipality (Cannabis; and Short Term Rentals). Councillor Schell declared a conflict of interest on a portion of Item 4c) Robin Dunn, CAO re: Solicitor -client privilege; Litigation affecting the municipality (Cannabis; and Short Term Rentals) as he owns a Bed & Breakfast establishment in Ward 5. Councillor Schell left the room for the Short Term Rentals item and did not discuss or vote on this item. The following staff were present: Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Derek Witlib, Acting Director, Development Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Chris Williams and Andrea Skinner, Aird & Berlis LLP. Motion No. C230322-5 Moved by Clark, Seconded by Young Be it resolved 1. That the confidential verbal information presented by Robin Dunn, CAO; and Chris Williams and Andrea Skinner, Aird & Berlis LLP re: Solicitor -client privilege; Litigation affecting the municipality (Cannabis) be received. 2. That staff and legal counsel proceed as directed by Council. Carried. Page 3 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. Motion No. C230322-6 Moved by Lavoie, Seconded by Young Be it resolved 1. That the confidential verbal information presented by Robin Dunn, CAO; and Chris Williams and Andrea Skinner, Aird & Berlis LLP re: Solicitor -client privilege; Litigation affecting the municipality (Short Term Rentals) be received. 2. That staff and legal counsel proceed as directed by Council. Carried. 5. Minutes of Council and Committees: a) Minutes of Joint Accessibility Advisory Committee meeting held on Thursday, March 2, 2023. b) Minutes of Council meeting held on Wednesday, March 8, 2023. c) Minutes of Special Council meeting held on Tuesday, March 14 and Wednesday, March 15, 2023. Motion No. C230322-7 Moved by Schell, Seconded by Clark Be it resolved that the draft a) Minutes of Joint Accessibility Advisory Committee meeting held on Thursday, March 2, 2023; be received; and that the draft b) Minutes of Council meeting held on March 8, 2023; and c) Minutes of the Special Council meeting held on Tuesday, March 14, 2023 and Wednesday, March 15, 2023 be received and adopted as printed and circulated. Carried. Page 4 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. 6. Recognition of Achievements: a) Correspondence from the Ontario Building Officials Association re: Recognition of Michael Ryan, Plans Examiner/Building Inspector re: Certified Building Code Official (CBCO) Certification. Motion No. C230322-8 Moved by Lavoie, Seconded by Young Be it resolved 1. That the correspondence from the Ontario Building Officials Association re: Recognition of Michael Ryan, Plans Examiner/Building Inspector re: Certified Building Code Official (CBCO) Certification be received. 2. That Michael Ryan, Plans Examiner/Building Inspector, be recognized under the Mayor's signature. 7. Public Meetings: None. 9. Identification From the Public of an Agenda Item of Interest: The Clerk identified a public member was present for Item 16a). 10.Open Forum: One (1) individual provided comments with respect to Item 16a). Carried. Page 5 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. 16. Communications/Petitions: a) Correspondence dated February 23, 2023 from Brock Jackson re: Request to Designate Event as Municipally Significant, May 21, 2023. Motion No. C230322-9 Moved by Young, Seconded by Schell Be it resolved 1. That the correspondence dated February 23, 2023 from Brock Jackson re: Request to Designate Event as Municipally Significant, May 21, 2023 be received 2. That the request from Brock Jackson to designate his event on May 21, 2023 as Municipally Significant for the purpose of obtaining a Special Occasion Permit be respectfully declined. 3. That the applicant be advised of Council's decision under the Clerk's signature. Carried. 12. Reports of Municipal Officers for Information Only: a) Robin Dunn, CAO and Senior Management Team re: 2023-2024 Budget Presentations and Deliberations. Motion No. C230322-10 Moved by Hutcheson, Seconded by Schell Be it resolved 1. That the presentation presented by Robin Dunn, CAO and Michelle Jakobi, Director, Environment Services re: 2023-2024 Budget Presentations and Deliberations be received. 2. That a motion for ratification be brought forward to the Special Council meeting of March 29, 2023. Carried. 10. Open Forum: One (1) individual provided comments with respect to Item 13b). Page 6 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. 11. Reports of Municipal Officers for Action: a) CS2023-12, Jennifer Whitley, Economic Development/Communications Advisor re: Economic Development 2023 Work Plan. Motion No. C230322-11 Moved by Young, Seconded by Hutcheson Be it resolved 1. That CS2023-12, Jennifer Whitley, Economic Development/Communications Advisor re: Economic Development 2023 Work Plan be received and adopted. 2. That the 2023 Economic Development Work Plan be approved as presented in Schedule 1 of CS2023-12. Carried. 13. Reports of Members of Council: b) Deputy Mayor Lavoie re: Proposed Motion Regarding Temporary Accommodation. Councillor Schell declared a conflict of interest on Item 13b) Deputy Mayor Lavoie re: Proposed Motion Regarding Temporary Accommodation as he owns a Bed & Breakfast establishment in Ward 5. Councillor Schell left the room and did not discuss or vote on the item. Motion No. C230322-12 Moved by Lavoie, Seconded by Young Whereas, the Township of Oro-Medonte has passed into law Zoning By -Law 97-95, And Whereas, the Township has the power at law to enforce the provisions set out in its Zoning By -Law 97-95 [the By -Law], And Whereas, the By -Law does not permit the use of dwelling units located in residential zones for temporary accommodation, And Whereas, there have been reports of numerous by-law violations at temporary accommodation sites in zones where temporary accommodation is not a permitted land use, And Whereas, there have been incidents that require police assistance at temporary accommodation sites in zones where temporary accommodation is not a permitted land use, And Whereas, there have been municipal and provincial fire code violations that have endangered people and property, Page 7 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. And Whereas, there have been reports of numerous building code violations at temporary accommodation sites in zones where temporary accommodation is not a permitted land use, And Whereas, residents have testified under oath that their health, safety, and peaceful property enjoyment been threatened by nearby properties at which unpermitted temporary accommodation operations are ongoing, And Whereas, the Township of Oro-Medonte desires to end the zoning violation of the unpermitted use of properties for temporary accommodation in residential zones, And Whereas, the Township of Oro-Medonte desires to protect the health, safety and property enjoyment of its residents from incompatible land uses, Now Therefore, Council directs that the Township Staff provide Council with a Report setting out the process to enforce the provisions of the By -Law in order to eliminate and prevent unpermitted temporary accommodations in residential zones, That Shall, provide a methodology to identify the properties where unpermitted temporary accommodation operations exist in residential zones, And That Shall, identify a method by which the owners of the properties where the unpermitted temporary accommodation operations exist are directly notified of the land use violation and advised to cease and desist and the period of time to achieve land use compliance. The period of time granted for compliance will not prevent the Township from taking enforcement measures, And That Shall, identify a method by which the listing platforms are advised of specific violations of the By-law and instructed to remove the listings, And That Shall, review whether any previous instruments, decisions or other steps previously taken can be applied, not applied, rescinded or permitted to run their course in order to further support and assure the enforcement of the By -Law, And That Shall, determine the evidence required to successfully prosecute an action that will enforce the provisions of the By -Law that do not permit the use of dwelling units located in residential zones for temporary accommodation, And That Shall, provide advice on escalation of enforcement proceedings that may result in one or daily By -Law citations or culminate in a Section 440 under the Municipal Act seeking injunctive relief, And That Shall, set out the circumstances under which support will be required from the Ontario Provincial Police to ensure Municipal By -Law Staff safety and provide support for evidence collection, Page 8 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. And Finally That Shall, include such further information, review and recommendations as may be necessary or desirable to enhance the intent of this Motion and further the efforts of the Township to enforce the provisions of the By -Law. Carried. 8. Deputations/Presentations: a) Anders Carson, VP Ontario Branch, Canadian Postmasters and Assistants Association (CPAA) re: Warminster Post Office. Motion No. C230322-13 Moved by Bard, Seconded by Schell Be it resolved that the correspondence received March 13, 2023 and presented by Anders Carson, VP Ontario Branch, Canadian Postmasters and Assistants Association (CPAA) re: Warminster Post Office be received. Carried. 11.Reports of Municipal Officers for Action: b) DS2023-25, Derek Witlib, Acting Director, Development Services re: Minor Variance Application 2021-A-57 by Norman & Laurette McCracken, 363 Scarlett Line. Motion No. C230322-14 Moved by Clark, Seconded by Schell Be it resolved 1. That DS2023-25, Derek Witlib, Acting Director, Development Services re: Minor Variance Application 2021-A-57 by Norman & Laurette McCracken, 363 Scarlett Line be received and adopted. 2. That Minor Variance Application 2021-A-57 by Norman & Laurette McCracken, specifically to permit the construction of a detached accessory building with a 5 metre (16.4 feet) setback from the limit of the Environmental Protection (EP) Zone on lands municipally known as 363 Scarlett Line, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2023-025. 3. That the applicants be advised of Council's decision under the Secretary -Treasurer's signature. Carried. Page 9 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. c) DS2023-015, Michael Barton, Township Planning Consultant re: Zoning By-law Application 2022-ZBA-16 by Ken & Patti Crawford 983 Line 7 South [Refer to Item 18a)]. Motion No. C230322-15 Moved by Lavoie, Seconded by Young Be it resolved 1. That DS2023-015, Michael Barton, Township Planning Consultant re: Zoning By-law Application 2022-ZBA-16 by Ken & Patti Crawford 983 Line 7 South be received and adopted 2. That Zoning By-law Amendment Application 2022-ZBA-16 by Ken & Patti Crawford for 983 Line 7 South, Township of Oro-Medonte, that would amend Zoning By-law No. 97-95, as amended, by rezoning the subject lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception (A/RU*Nillt) Zone to permit a "commercial retail store" and "outdoor storage of boats and recreational vehicles" and for a reduced lot frontage of 24.0 metres, be approved. This application has been submitted in conjunction with consent applications 2022-B-32 & 2022-B-33 for boundary adjustments to 983 and 985 Line 7 South that would establish new boundary limits for the subject lands. 3. That the appropriate draft by-law be brought forward for Council's consideration. 4. That the applicants be advised of Council's decision under the Acting Director, Development Services' signature. Carried. d) DS2023-026, Michael Barton, Township Planning Consultant re: Consent Applications 2022-B-32 & 2022-B-33 by Ken & Patti Crawford, 983 & 985 Line 7 South. Motion No. C230322-16 Moved by Hutcheson, Seconded by Bard Be it resolved 1. That DS2023-026, Michael Barton, Township Planning Consultant re: Consent Applications 2022-B-32 & 2022-B-33 by Ken & Patti Crawford, 983 & 985 Line 7 South be received and adopted. 2. That Consent (boundary adjustment) application 2022-B-32 by Ken & Patti Crawford for 983 & 985 Line 7 South, be approved, subject to the conditions as outlined in DS2023- 026. 3. That Consent (boundary adjustment) application 2022-B-33 by Ken & Patti Crawford for 983 & 985 Line 7 South, be approved, subject to the conditions as outlined in DS2023- 026. 4. That the applicants be advised of Council's decision under the Acting Director, Development Services' signature. Carried. Page 10 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. e) OCS2023-01, Justin Metras, Manager, Infrastructure and Capital Projects re: 2023 Guiderail Program. Motion No. C230322-17 Moved by Schell, Seconded by Lavoie Be it resolved 1. That OCS2023-01, Justin Metras, Manager, Infrastructure and Capital Projects re: 2023 Guiderail Program be received and adopted. 2. That Tender OCS2023-004 Guiderail installation — Various Locations be awarded to Borall Fencing and Guiderail Contractors Ltd. in the amount of $225,928.66 plus HST. 3. That the Director, Operations & Community Services be authorized to execute the appropriate agreements on behalf of the Township; upon the ratification of the 2023-2024 Budget, on March 29th, 2023. 4. That the bidders be thanked and notified under the Director, Operations and Community Services' signature. Carried. f) OCS2023-02, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS2023-003 — Replacement of Structure B23. Motion No. C230322-18 Moved by Clark, Seconded by Bard Be it resolved 1. That OCS2023-02, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS2023-003 — Replacement of Structure B23 be received and adopted. 2. That Tender OCS2023-003 — Replacement of Structure 823 be awarded to Envision Excavating Ltd. in the amount of $386,385.00 plus HST. 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township; upon the ratification of the 2023-2024 Budget, on March 29th, 2023. 4. That the bidders be thanked and notified under the Director, Operations and Community Services' signature. Carried. Page 11 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. g) OCS2023-03, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of RFP OCS2023-005, 1. Supply and Delivery of Four Tandem Plow/Dump Combination Trucks. Motion No. C230322-19 Moved by Young, Seconded by Hutcheson Be it resolved 1. That OCS2023-03, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of RFP OCS2023-005, 1. Supply and Delivery of Four Tandem Plow/Dump Combination Trucks be received and adopted. 2. That RFP OCS 2023-005 Supply and Delivery of Tandem Plow/Dump Combination Trucks be awarded to Currie Truck Centre, in the amount of $2,070,155.00 plus HST. 3. That the Director, Operations & Community Services be authorized to execute the appropriate agreements on behalf of the Township; upon the ratification of the 2023-2024 Budget, on March 29th, 2023. 4. That the bidders be thanked and notified under the Director, Operations and Community Services' signature. Carried. h) OCS2023-04, Shawn Binns, Director, Operations & Community Services; and Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS2023-001 Road Rehabilitation — Various Locations. Motion No. C230322-20 Moved by Bard, Seconded by Young Be it resolved 1. That OCS2023-04, Shawn Binns, Director, Operations & Community Services; and Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS2023-001 Road Rehabilitation — Various Locations be received and adopted. 2. That Tender OCS2023-001 Road Rehabilitation — Various Locations be awarded to IPAC Paving Ltd. in the amount of $2,998,797 plus HST. 3. That Council authorizes and approves the completion of Petherwin Place (Line 14 to the end) as a provisional project should the project be able to be completed within the approved 2023 Roads Capital Program budget allocation. 4. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township; upon the ratification of the 2023-2024 Budget, on March 29th, 2023. 5. That staff report back on the progress of the 2023 Roads Capital Program through the corporate monthly project update report. 6. That the bidders be thanked and notified under the Director, Operations and Community Services' signature. Carried. Page 12 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. 13. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. The follow members of Council provided updates: Mayor Greenlaw, Councillors Bard, Schell and Young. 14.Announcements: The following members of Council provided Announcements: Councillor Bard. 15. Consent Agenda: a) Announcements of Interest to the Public: 1. Township of Oro-Medonte, Office Closure Notice, Friday, April 7, and Monday, April 10, 2023, Good Friday/Easter Monday. b) Correspondence dated March 7, 2023 from Orillia Public Library re: Township of Oro- Medonte Statistics: February, 2023. Staff Recommendation: Receive for Information Only. c) Correspondence from Orillia Public Library Board re: Wednesday, February 22, 2023 Board Package. Staff Recommendation: Receive for Information Only. Motion No. C230322-21 Moved by Bard, Seconded by Clark Be it resolved that the staff recommendation with respect to the item listed under "Consent Agenda Correspondence" be adopted as printed: a) Announcements of Interest to the Public: 1. Township of Oro-Medonte, Office Closure Notice, Friday, April 7, and Monday, April 10, 2023, Good Friday/Easter Monday. b) Correspondence dated March 7, 2023 from Orillia Public Library re: Township of Oro- Medonte Statistics: February, 2023. Received for Information Only. c) Correspondence from Orillia Public Library Board re: Wednesday, February 22, 2023 Board Package. Received for Information Only. Carried. Page 13 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. 17.Notice of Motions: None. 18. By -Laws: a) 2023-020: A By-law to amend the zoning provisions which apply to lands described as Concession 8, Part Lot 26, Part 1 51 R-16095, Part 1 51 R-34454 (Oro) Township of Oro- Medonte 2022-ZBA-16 (Crawford). Motion No. C230322-22 Moved by Clark, Seconded by Bard Be it resolved that By -Law No. 2023-020 a) 2023-020: A By-law to amend the zoning provisions which apply to lands described as Concession 8, Part Lot 26, Part 1 51 R-16095, Part 1 51 R-34454 (Oro) Township of Oro- Medonte 2022-ZBA-16 (Crawford) be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. The CAO provided additional comments with respect to Item 12a) Robin Dunn, CAO and Senior Management Team re: 2023-2024 Budget Presentations and Deliberations. Motion No. C230322-10 was reiterated. 19.Closed Session Items (Unfinished Items): None. Page 14 of 15 Council Meeting Minutes — Wednesday, March 22, 2023. 20. Confirmation By -Law: a) 2023-021: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, March 22, 2023. Motion No. C230322-23 Moved by Young, Seconded by Lavoie Be it resolved that By -Law No. 2023-021: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, March 22, 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. C230322-24 Moved by Bard, Seconded by Hutcheson Be it resolved that we do now adjourn at 5:12 p.m. /tfayor, Randy Greenlaw Carried. Clei;k\Yvonne Aubichon Page 15 of 15