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07 12 2023 Council MinutesTownship of ' Proud Heritage, Exciting Future The Township of Oro-Medonte Council Meeting Minutes Electronic Hybrid Meeting Wednesday, July 12, 2023 9:05 a.m. 2022-2026 Council Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Staff Donna Hewitt, Director, Corporate Services; Yvonne Aubichon, Clerk; Present: Shawn Binns, Director, Operations and Community Services; Hugh Murray, Director, Fire & Emergency Services/Fire Chief; Nelly Morrow, Director, Finance/Chief Financial Officer; Tamara Obee, Director, Human Resources; Derek Witlib, Director, Development Services; Michelle Jakobi, Director, Environmental Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Jenny Legget, Communications and Public Relations Officer; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Patrick Howse, Information Technology Technician (IT). All Council and staff participated via Zoom platform. 1. Call to Order - Reading of Land Acknowledgement: Mayor Greenlaw assumed the Chair at the above noted time and called the meeting to order. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [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. 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 Page 1 of 14 Council Minutes — Wednesday, July 12, 2023 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. C230712-1 Moved by Clark, Seconded by Bard Be it resolved that the agenda for the Council meeting of Wednesday, July 12, 2023 be received and adopted. Carried. Motion No. C230712-2 Moved by Schell, Seconded by Hutcheson Be it resolved that Rule 14.20a), as per the Procedural By-law No. 2023-043 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 Item 4e) Derek Witlib, Director, Development Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Solicitor -client privilege; Litigation affecting the municipality (Short Term Accommodation Enforcement) as Councillor Schell indicated he is an owner/operator of a Bed & Breakfast (B&B). 4. Closed Session Items: Refer to Item 19. Page 2 of 14 Council Minutes — Wednesday, July 12, 2023 5. Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday, June 28, 2023. Motion No. C230712-3 Moved by Clark, Seconded by Schell Be it resolved that the draft minutes of the Council meeting held on Wednesday, June 28, 2023 be received and adopted as printed and circulated. Carried. 6. Recognition of Achievements: None. 7. Public Meetings: None. 8. Deputations/Presentations: None. 9. Identification From the Public of an Agenda Item of Interest: None. 10.Open Forum: One (1) individual registered and attended, but did not provide comments regarding 11f). One (1) individual provided comments regarding Item 11b). Page 3 of 14 Council Minutes — Wednesday, July 12, 2023 11. Reports of Municipal Officers for Action: b) FI2023-5, Nelly Morrow, Director, Finance/Chief Financial Officer re: Development Charges Delayed Agreement [Refer to Item 18e)]. Motion No. C230712-4 Moved by Bard, Seconded by Clark Be it resolved 1. That FI2023-5, Nelly Morrow, Director, Finance/Chief Financial Officer re: Development Charges Delayed Agreement be received and adopted. 2. That draft By -Law No. 2023-067 be received and adopted. 3. That Council approves the deferral agreement request by TNR Industrial Doors Inc. to delay payment of development charges fees for a proposed site plan application. Carried. f) OCS2023-10, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS2023-007 Wilson Street Drainage Improvements. Motion No. C230712-5 Moved by Hutcheson, Seconded by Young Be it resolved 1. That OCS2023-10, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS2023-007 Wilson Street Drainage Improvements be received and adopted. 2. That Tender OCS2023-007 — Wilson Street Drainage Improvements be awarded to Duivenvoorden Haulage Limited in the amount of $428,565.25 plus HST. 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township. 4. That the Bidders be thanked and notified under the Director, Operations and Community Services' signature. Carried. Page 4 of 14 Council Minutes — Wednesday, July 12, 2023 a) FI2023-4, Lianne MacGibbon, Supervisor of Finance, Risk Management re: Tile Drainage Loan Application. Motion No. C230712-6 Moved by Hutcheson, Seconded by Lavoie Be it resolved 1. That FI2023-4, Lianne MacGibbon, Supervisor of Finance, Risk Management re: Tile Drainage Loan Application, be received and adopted. 2. That Council provisionally approve the Tile Drainage Loan Application, up to a maximum total amount of $45,990.01 for the property owner of Concession 10 S, Pt Lt 2, Coldwater, Ontario, Municipality of Oro-Medonte to be financed over ten (10) years, upon subsequent conditional approval by OMAFRA funding. Carried. c) ES2023-8, Michelle Jakobi, Director, Environmental Services re: Rain Barrel Initiative 2023 Sale Update. Motion No. C230712-7 Moved by Schell, Seconded by Bard Be it resolved 1. That ES2023-8, Michelle Jakobi, Director, Environmental Services re: Rain Barrel Initiative 2023 Sale Update be received and adopted. 2. That Council endorse a 2024 rain barrel sale, as outlined in ES2023-08, and Environmental Services Staff proceed with the project. 3. That future rain barrel sales be determined pending a review of 2024 sale statistics. Carried. d) ES2023-9, Michelle Jakobi, Director, Environmental Services re: User Fee Streetlights, Request for Exemption from Taxation By -Law. Motion No. C230712-8 Moved by Lavoie, Seconded by Schell Be it resolved 1. That ES2023-9, Michelle Jakobi, Director, Environmental Services re: User Fee Streetlights, Request for Exemption from Taxation By -Law be received and adopted. 2. That Staff continues to apply user fees for streetlights to all properties within a Registered Plan of Subdivision and/or identified settlement area as identified in Section 5 (b) of the Taxation By-law (No. 2023-052) for 2023. 3. And further that staff bring back the updated by-law and implementation plan for 2024 reflecting exemption of those properties without streetlighting directly on their street. Carried. Page 5 of 14 Council Minutes — Wednesday, July 12, 2023 e) OCS2023-9, Shawn Binns, Director, Operations and Community Services re: Neighbourhood Area Speed Limit. A vote to waive procedure was carried to allow two members of the public to provide verbal comments. Council discussed item 11e) in conjunction with Item 11g) then passed the motions in reverse order: Motion No. C230712-9 Moved by Young, Seconded by Clark Be it resolved 1. That OCS2023-9, Shawn Binns, Director, Operations and Community Services re: Neighbourhood Area Speed Limit be received and adopted, as amended, to update, on page 3, The Township's Speed Limit By-law as By -Law No. 2022-069. 2. That Council elect not to implement a 40 km/h Neighbourhood Speed Limit in the Township at this time. 3. That Council maintain existing speed limits and continue to follow current practice for the review and establishment of posted speed limits. 4. That the staff continue to work with stakeholders and community partners to develop and implement proactive tactics to reduce travel speeds in priority areas. Carried. g) OCS2023-11, Shawn Binns, Director, Operations & Community Services re: Traffic Safety / Community Safety Committee. Motion No. C230712-10 Moved by Bard, Seconded by Hutcheson Be it resolved 1. That OCS2023-11, Shawn Binns, Director, Operations & Community Services re: Traffic Safety / Community Safety Committee be received and adopted. 2. That Council elect to advance a Traffic Safety Committee at this time. 3. That the following members sit on the Traffic Safety Committee: a) Hutcheson, b) Clark. 4. That staff commence the process to initiate the Committee and report back to Council. Carried. Page 6 of 14 Council Minutes — Wednesday, July 12, 2023 h) OCS2023-12, Shawn Binns, Director, Operations and Community Services re: 2023 Boots and Heart Special Event Permit. Motion No. C230712-11 Moved by Clark, Seconded by Bard Be it resolved 1. That OCS2023-12, Shawn Binns, Director, Operations and Community Services re: 2023 Boots and Heart Special Event Permit be received and adopted. 2. That the CAO be authorized to execute an appropriate Memorandum of Understanding with Burl's Creek/Republic Live for the 2023 Boots and Hearts Event. 3. That staff be authorized to issue a Special Event Permit for Boots and Hearts upon receipt of: a. Agency endorsement of the Operations Plans in accordance with the Township's Special Event Bylaw; b. An executed Memorandum of Understanding. Carried. i) CS2023-14, Yvonne Aubichon, Clerk re: 2026 Municipal and School Board Trustee Election Voting Method. Motion No. C230712-12 Moved by Young, Seconded by Schell Be it resolved 1. That CS2023-14, Yvonne Aubichon, Clerk re: 2026 Municipal and School Board Trustee Election Voting Method be received and adopted. 2. That Council hereby endorse Option #1; the use of Internet /telephone voting for the 2026 Municipal & School Board Trustee Election; and 3. That a by-law authorizing the Alternative Voting Method for the 2026 Municipal and School Board Trustee Election be brought forward for Council's consideration. Carried. 12. Reports of Municipal Officers for Information Only: a) CS2023-23, Donna Hewitt, Director, Corporate Services; Robin Dunn, CAO re: Township Legal Expenses — Q1 (January — March) 2023. b) Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Township and Community AED Installations Status Update. Page 7 of 14 Council Minutes — Wednesday, July 12, 2023 Motion No. C230712-13 Moved by Lavoie, Seconded by Young Be it resolved that the reports, as listed under Item #12, Reports of Municipal Officers for Information Only, be received: a) CS2023-23, Donna Hewitt, Director, Corporate Services; Robin Dunn, CAO re: Township Legal Expenses — Q1 (January — March) 2023; b) Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Township and Community AED Installations Status Update. Carried. 13.Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. The following member of Council provided updates: Councillor Schell. 14.Announcements: The following members of Council provided Announcements: Mayor Greenlaw; Councillors Bard and Clark. 15.Consent Agenda: a) Minutes of Barrie Public Library Board meeting on Thursday, May 25, 2023. Staff Recommendation: Receive for Information Only. b) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, May 26, 2023. Staff Recommendation: Receive for Information Only. c) Nottawasaga Valley Conservation Authority re: Minutes of Friday, May 26, 2023 and Highlights of Friday, June 23, 2023 meetings. Staff Recommendation: Receive for Information Only. d) Orillia Public Library re: Annual Report 2022 Handout; Package of Board meeting held on Wednesday, June 21, 2023; June, 2023 Statistics. Staff Recommendation: Receive for Information Only. Page 8 of 14 Council Minutes — Wednesday, July 12, 2023 Motion No. C230712-14 Moved by Schell, Seconded by Lavoie Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Minutes of Barrie Public Library Board meeting on Thursday, May 25, 2023. Received for Information Only. b) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, May 26, 2023. Received for Information Only. c) Nottawasaga Valley Conservation Authority re: Minutes of Friday, May 26, 2023 and Highlights of Friday, June 23, 2023 meetings. Received for Information Only. d) Orillia Public Library re: Annual Report 2022 Handout; Package of Board meeting held on Wednesday, June 21, 2023; June, 2023 Statistics. Received for Information Only. Carried. 16. Communications/Petitions: a) Correspondence dated June 22, 2023 from Colin Nelthorpe, President, Fierte Simcoe Pride re: Request for Proclamation of Fierte Simcoe Pride from July 24 to August 6, 2023 and a Request for a Flag Raising. Motion No. C230712-15 Moved by Hutcheson, Seconded by Schell Be it resolved 1. That the correspondence dated June 22, 2023 from Colin Nelthorpe, President, Fierte Simcoe Pride re: Request for Proclamation of Fierte Simcoe Pride from July 24 to August 6, 2023 and a Request for a Flag Raising be received. 2. That July 24-August 6, 2023 be proclaimed "Fierte Simcoe Pride". 3. That the flag be flown through the proclamation period. 4. That the proclamation be posted on the Township's website and the CAO's Office coordinate the flag raising in accordance with the Township's Flag Etiquette Policy. 5. That the applicant be advised of Council's decision under the Mayor's signature. Carried. 17.Notice of Motions: None. Page 9 of 14 Council Minutes — Wednesday, July 12, 2023 18. By -Laws: a) 2023-059: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Midland Public Library Board for a Term of One Year and to Repeal By-law No. 2022-046. b) 2023-060: By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Severn Public Library Board for a Term of One Year and to Repeal By-law No. 2022-044. c) 2023-064: Being a By -Law to Establish the Terms of Reference for the Property Standards Committee and to Appoint Members to the Property Standards Committee and to Repeal By -Law No. 2019-029 "Property Standards Committee". d) 2023-065: A By-law to Appoint Fence Viewers and to Repeal By -Law No. 2019-096. e) 2023-067: Being a By -Law to Authorize the Execution of an Agreement Providing for the Deferral of Development Charges. Motion No. C230712-16 Moved by Young, Seconded by Lavoie Be it resolved that By -Law Nos. 2023-059; 2023-060; 2023-64; 2023-065; and 2023-067 a) 2023-059: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Midland Public Library Board for a Term of One Year and to Repeal By-law No. 2022-046 b) 2023-060: By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Severn Public Library Board for a Term of One Year and to Repeal By-law No. 2022-044. c) 2023-064: Being a By -Law to Establish the Terms of Reference for the Property Standards Committee and to Appoint Members to the Property Standards Committee and to Repeal By -Law No. 2019-029 'Property Standards Committee". d) 2023-065: A By-law to Appoint Fence Viewers and to Repeal By -Law No. 2019-096. e) 2023-067: Being a By -Law to Authorize the Execution of an Agreement Providing for the Deferral of Development Charges. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 10 of 14 Council Minutes — Wednesday, July 12, 2023 A vote was called to recess and resume at 2:00 p.m. 19.Closed Session Items (Unfinished Items): a) Motion to go In Closed Session. Motion No. C230712-17 Moved by Bard, Seconded by Young Be it resolved that we do now go in Closed Session at 2:01 p.m. to discuss • Litigation affecting the municipality; Solicitor -client privilege (Cannabis); (Zone 1 Water); (Short Term Accommodation Enforcement). Carried. Technical audio difficulties occurred at this time. b) Motion to Rise and Report. Motion No. C230712-18 Moved by Lavoie, Seconded by Clark Be it resolved that we do now Rise at 3:53 p.m. and Report on the Closed Session Items 4 c) Derek Witlib, Director, Development Services re: Solicitor -client privilege; Litigation affecting the municipality (Cannabis); d) Donna Hewitt, Director, Corporate Services; Michelle Jakobi, Director, Environmental Services re: Solicitor -client privilege; Litigation affecting the municipality (Zone 1 Water); e) Derek Witlib, Director, Development Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Solicitor -client privilege; Litigation affecting the municipality (Short Term Accommodation Enforcement). Carried. Page 11 of 14 Council Minutes — Wednesday, July 12, 2023 c) Derek Witlib, Director, Development Services re: Solicitor -client privilege; Litigation affecting the municipality (Cannabis). The following staff were present: Donna Hewitt, Director, Corporate Services; Yvonne Aubichon, Clerk; Derek Witlib, Director, Development Services; Shawn Binns, Director, Operations & Community Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Jenny Legget, Communications and Public Relations Officer; David Reiter, Chris Williams, Aird & Berlis LLP. Motion No. C230712-19 Moved by Young, Seconded by Hutcheson Be it resolved 1. That the confidential correspondence dated July 7, 2023 from David Reiter, Aird & Berlis LLP and presented by Derek Witlib, Director, Development Services and David Reiter, Aird & Berlis LLP re: Solicitor -client privilege; Litigation affecting the municipality (Cannabis) be received. 2. That staff and legal counsel proceed as previously outlined. Carried. d) Donna Hewitt, Director, Corporate Services; Michelle Jakobi, Director, Environmental Services re: Solicitor -client privilege; Litigation affecting the municipality (Zone 1 Water). The following staff were present: Donna Hewitt, Director, Corporate Services; Yvonne Aubichon, Clerk; Shawn Binns, Director, Operations & Community Services; Michelle Jakobi, Director, Environmental Services; Jenny Legget, Communications and Public Relations Officer; Brian Chung, Chris Williams, Aird & Berlis LLP. Mayor Greenlaw requested #2 below, as a friendly amendment to the motion. Motion No. C230712-20 Moved by Lavoie, Seconded by Bard Be it resolved 1. That the correspondence dated July 6, 2023 and confidential verbal information presented by Donna Hewitt, Director, Corporate Services; Michelle Jakobi, Director, Environmental Services; Brian Chung and Chris Williams, Aird & Berlis LLP re: Solicitor - client privilege; Litigation affecting the municipality (Zone 1 Water) be received. 2. That the public Court Decision (Court File No.: CV-21-969) be available, through the Township channels, including the Council Agenda. Carried. Page 12 of 14 Council Minutes — Wednesday, July 12, 2023 e) Derek Witlib, Director, Development Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Solicitor -client privilege; Litigation affecting the municipality (Short Term Accommodation Enforcement). Councillor Schell declared a conflict of interest on Item 4e) Derek Witlib, Director, Development Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Solicitor -client privilege; Litigation affecting the municipality (Short Term Accommodation Enforcement) as Councillor Schell indicated he is an owner/operator of a Bed & Breakfast (B&B). Councillor Schell left the room and did not participate or vote on this item. The following staff were present: Donna Hewitt, Director, Corporate Services; Yvonne Aubichon, Clerk; Derek Witlib, Director, Development Services; Shawn Binns, Director, Operations & Community Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Jenny Legget, Communications and Public Relations Officer; Chris Williams, Meaghan Barrett, Aird & Berlis LLP. Motion No. C230712-21 Moved by Hutcheson, Seconded by Lavoie Be it resolved 1. That the confidential memorandum correspondence dated July 7, 2023 from Aird & Berlis LLP and presented by Derek Witlib, Director, Development Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Chris Williams and Meaghan Barrett Aird & Berlis LLP re: Solicitor -client privilege; Litigation affecting the municipality (Short Term Accommodation Enforcement) be received. 2. That staff and legal counsel proceed as directed. Carried. 20.Confirmation By -Law: a) 2023-069: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, July 12, 2023. Motion No. C230712-22 Moved by Lavoie, Seconded by Clark Be it resolved that By -Law No. 2023-069: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, July 12, 2023 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 13 of 14 Council Minutes — Wednesday, July 12, 2023 21.Adjournment: a) Motion to Adjourn. Motion No. C230712-23 Moved by Bard, Seconded by Schell Be it resolved that we do now adjourn at 3:56 p.m. ,/11Aayor, Randy Greenlaw CIerINYvonne Aubichon Carried. Page 14 of 14