09 01 2021 Council Agenda The Township of Oro-Medonte
aaaiall Council Meeting Agenda
Electronic Meeting
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Wednesday, September 1, 2021
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� ram, Immediately Following the
Prom Heriteage, Excithig Future Development Services Committee
Meeting
Effective Tuesday, March 17, 2020 at 8.30 a.m., all Township of Oro-Medonte
facilities including the Administration Centre were closed to the public. Effective
Monday, July 5, 2021 at 8.30 a.m., the Administration Centre was reopened to receive
the public by Appointment only. We will continue to offer services online and over the
telephone.
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:
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
3. Disclosure of Pecuniary Interest:
4. Minutes of Council and Committees:
3 - 7 a) Minutes of Council meeting held on Thursday, July 15, 2021.
b) Recommendations of the Development Services Committee meeting held on
Wednesday, September 1, 2021.
5. By-Laws:
8 - 9 a) 2021-095: A By-law to Authorize the Execution of a Temporary Use By-Law
Agreement (Garden Suite) Between the Township of Oro-Medonte and
Jacob Smith on lands described as follows: Lot 47, Plan M-92,Township of
Oro-Medonte (Formerly Township of Medonte), County of Simcoe, under
Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended,
Roll # 4346-020-004-14847.
10 - 17 b) 2021-102: A By-law to allow a Temporary Use for a Garden Suite by Jacob
Smith on lands described as follows: Lot 47, Plan M-92, Township of Oro-
Medonte (Formerly Township of Medonte), County of Simcoe, under Section
Page 1 of 18
Council Meeting Agenda - September 01, 2021
34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, Roll #
4346-020-004-14847.
6. Confirmation By-Law:
18 a) By-Law No. 2021-101: Being a By-Law to Confirm the Proceedings of the
Council Meeting held on Wednesday, September 1, 2021.
7. Adjournment:
a) Motion to Adjourn.
Page 2 of 18
4.a) Minutes of Council meeting held on Thursday, July 15, 2021 .
�'�1° The Township of Oro-Medonte
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Thursday, July 15, 2021 10:57 p.m.
2018-2022 Council
Present: Mayor H.S. Hughes
Deputy Mayor Ralph Hough
Councillor Ian Veitch
Councillor Tammy DeSousa
Councillor Cathy Keane
Councillor Randy Greenlaw
Regrets: Councillor Shawn Scott
Staff Andria Leigh, Director, Development Services; Derek Witlib, Manager,
Present: Planning Services; Janette Teeter, Supervisor, Clerk's Services/Deputy
Clerk
All Council and staff participated via ZOOM platform.
1. Call to Order - Moment of Reflection:
Mayor H.S. Hughes assumed the Chair at the above noted time and called the meeting to
order.
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
Motion No. C210715-1
Moved by Keane, Seconded by Veitch
Be it resolved that the agenda for the Council meeting of Thursday, July 15, 2021 be
received and adopted, as amended, to withdraw Item 5d) By-Law No. 2021-083.
Carried.
Page 1 of 5
Page 3 of 18
4.a) Minutes of Council meeting held on Thursday, July 15, 2021 .
Council Meeting Minutes — Thursday, July 15, 2021.
3. Disclosure of Pecuniary Interest:
Councillor DeSousa declared a conflict of interest on Item 4b) Recommendations of the
Development Services Committee meeting held on Thursday, July 15, 2021 Item 6g)
DS2021-113, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-
A-43 by 2819593 Ontario Inc. (Frontline Resilience), 430 15/16th Side Road West) as a
family member (uncle) owns property directly across the road and he has posted objections
to this minor variance. Conflict of Interest according to Code of Conduct. Councillor
DeSousa turned off her video and did not participate in the discussion or vote of this item.
4. Minutes of Council and Committees:
a) Minutes of Council meeting held on Wednesday June 2, 2021.
Motion No. C210715-2
Moved by DeSousa, Seconded by Greenlaw
Be it resolved that the draft minutes of the Council meeting held on Wednesday, June 2,
2021 be received and adopted as printed and circulated.
Carried.
b) Recommendations of the Development Services Committee meeting held on Thursday,
July 15, 2021.
Councillor DeSousa declared a conflict of interest as noted in Section 3, Disclosure of
Pecuniary Interest.
Motion No. C210715-3
Moved by Hough, Seconded by Keane
Be it resolved that the recommendations of the Development Services Committee meeting
held on Thursday, July 15, 2021 be adopted with the exception of Item 6g) DS2021-113,
Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-43 by
2819593 Ontario Inc. (Frontline Resilience), 430 15/16th Side Road West to be voted on
separately.
Carried.
Page 2 of 5
Page 4 of 18
4.a) Minutes of Council meeting held on Thursday, July 15, 2021 .
Council Meeting Minutes — Thursday, July 15, 2021.
Motion No. C210715-4
Moved by Hough, Seconded by Keane
Be it resolved
1. That DS2021-113, Derek Witlib, Manager, Planning Services re: Minor Variance
Application 2021-A-43 by 2819593 Ontario Inc. (Frontline Resilience), 430 15/16th Side
Road West be received and adopted.
2. That Minor Variance Application 2021-A-43 by 2819593 Ontario Inc., specifically for
permission to permit a home occupation occupying a maximum of 45 percent of the
gross floor area of a dwelling unit and with a maximum of four (4) employees who are
not a resident of the dwelling unit, on lands municipally known as 430 15/16 Side Road
West, Township of Oro-Medonte, be approved, subject to the conditions as outlined in
DS2021-113.
3. That the applicant be advised of the Development Services Committee's decision under
the Secretary-Treasurer's signature.
Carried.
5. By-Laws:
a) 2021-080: Being a By-law to amend the zoning provisions which apply to lands at Lot 5,
Concession 10 (Oro) Township of Oro-Medonte 2021-ZBA-06 (Leslie Saila/Glen Oro
Farm).
b) 2021-081: Being a By-law to amend the zoning provisions which apply to lands at West
Part Lot 26, Concession 6 (Oro) Township of Oro-Medonte 2021-ZBA-07 (MacGregor).
c) 2021-082: Being a By-law to remove the Holding symbol On lands described as follows:
West Part Lot 1, Plan 1230 (Oro) Township of Oro-Medonte, County of Simcoe Roll #
4346-010-011-18000 (2021-ZBA-10).
d) 2021-083: Being a By-law to allow Temporary Uses on lands described as follows: East
Part of Lot 16, Concession 14 (Oro), Parts 1 and 2, on 51 R-30258, Township of Oro-
Medonte, County of Simcoe, Municipally known as 5071 Highway 11 North under
Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, Roll # 4346-
010-012-34400 [To Be Distributed] —Withdrawn Upon Adoption of Agenda.
Page 3 of 5
Page 5 of 18
4.a) Minutes of Council meeting held on Thursday, July 15, 2021 .
Council Meeting Minutes — Thursday, July 15, 2021.
Motion No. C210715-5
Moved by Greenlaw, Seconded by DeSousa
Be it resolved that
a) 2021-080: Being a By-law to amend the zoning provisions which apply to lands at Lot 5,
Concession 10 (Oro) Township of Oro-Medonte 2021-ZBA-06 (Leslie Saila/Glen Oro
Farm);
b) 2021-081: Being a By-law to amend the zoning provisions which apply to lands at West
Part Lot 26, Concession 6 (Oro) Township of Oro-Medonte 2021-ZBA-07 (MacGregor);
c) 2021-082: Being a By-law to remove the Holding symbol On lands described as follows:
West Part Lot 1, Plan 1230 (Oro) Township of Oro-Medonte, County of Simcoe Roll #
4346-010-011-18000 (2021-ZBA-10);
be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed
and sealed by the Mayor.
Carried.
6. Confirmation By-Law:
a) 2021-084: Being a By-Law to Confirm the Proceedings of the Council Meeting held on
Thursday, July 15, 2021.
Motion No. C210715-6
Moved by Keane, Seconded by Hough
Be it resolved that By-Law No. 2021-084: Being a by-law to confirm the proceedings of the
Council meeting held on Thursday, July 15, 2021 be read a first, second and third time,
passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor.
Carried.
Page 4 of 5
Page 6 of 18
4.a) Minutes of Council meeting held on Thursday, July 15, 2021 .
Council Meeting Minutes — Thursday, July 15, 2021.
7. Adjournment:
a) Motion to Adjourn.
Motion No. C210715-7
Moved by Veitch, Seconded by Greenlaw
Be it resolved that we do now adjourn at 11:01 p.m.
Carried.
Mayor, H.S. Hughes Deputy Clerk, Janette Teeter
Page 5 of 5
Page 7 of 18
5.a) 2021-095: A By-law to Authorize the Execution of a Temporary Use By...
The Corporation of the Township of Oro-Medonte
By-law No. 2021-095
A By-law to Authorize the Execution of a Temporary Use By-Law Agreement
(Garden Suite) Between the Township of Oro-Medonte and Jacob Smith
On lands described as follows:
Lot 47, Plan M-92,Township of Oro-Medonte(Formerly Township of Medonte),
County of Simcoe, under Section 34 and 39 of the Planning Act, R.S.O. 1990,
c.P.13, as amended
Roll#4346-020-004-14847
Whereas Section 39 of The Planning Act, R.S.O 1990 c. P. 13, as amended provides
for the entering into of an agreement under Section 207.2 of the Municipal Act, 1994,
c.2, s.44 (1), and Council deems it necessary to enter into an agreement on the lands
described herein;
And Whereas Council for the Corporation of the Township of Oro-Medonte established
Temporary Use By-law policies in the Official Plan for the Township;
Now therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. THAT the Township enter into the Temporary Use By-law Agreement attached
hereto, as Appendix"B", on lands described on the attached Schedule"A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Temporary Use By-
law Agreement, and amendments, on behalf of the Corporation of the Township of
Oro-Medonte;
3. THAT the attached Schedule"A"and Appendix"B"form part of this By-law;
4. This By-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 1st day of September,
2021.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, J. Teeter
Page 8 of 18
5.a) 2021-095: A By-law to Authorize the Execution of a Temporary Use By
Schedule "A"
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ILL./i Lands Subject to Ternporary Use By-law
Page 9 of 18
5.b) 2021-102: A By-law to allow a Temporary Use for a Garden Suite by J...
The Corporation of the Township of Oro-Medonte
By-law No. 2021-102
A By-law to allow a Temporary Use for a Garden Suite by Jacob Smith
On lands described as follows:
Lot 47, Plan M-92,Township of Oro-Medonte(Formerly Township of Medonte),
County of Simcoe, under Section 34 and 39 of the Planning Act, R.S.O. 1990,
c.P.13, as amended
Roll#4346-020-004-14847
Whereas an application has been submitted to the Township of Oro-Medonte to
establish a temporary use;
And Whereas the Official Plan for the Township of Oro-Medonte contains certain
policies which allow for the establishment of temporary uses;
And Whereas Section 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, in
accordance with Section 34, provides the authority to establish temporary uses;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. Notwithstanding the permitted uses of By-law 97-95, as amended, as they apply
to lands described as Lot 47, Plan M92, Township of Oro-Medonte (Formerly
Township of Medonte), County of Simcoe, as shown of Schedule"A"attached
hereto, these lands may be used for a "Garden Suite".
2. Schedule "A"attached hereto forms part of this By-law.
3. This By-law is enacted by Council and in accordance with the Planning Act,
R.S.O. 1990, c.P.13,will take effect from the date of passing of the By-law and is
hereby repealed 20 years from the date of passing of this By-law.
By-law read a First, Second and Third time, and Passed this 1st day of September,
2021.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk,J.Teeter
Page 10 of 18
5.b) 2021-102: A By-law to allow a Temporary Use for a Garden Suite by J
Schedule "A"
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Page 11 of 18
5.b) 2021-10A2 Etq& VBtptolLp, a No d o�9 se for a Garden Suite by J...
This Agreement made the 1It of September, 2021
Between Jacob Kevin Smith
hereinafter called the"Owner"
Of the first part
And
The Corporation of the Township of
Oro-Medonte
Hereinafter called the"Municipality"
Of the second part
Whereas the Council of the Municipality has received an Application to
temporarily re-zone a parcel of land as more particularly described in Schedule
"A"attached hereto (the"Subject Lands"), pursuant to Sections 34 and 39 of the
Planning Act, R. S.0, 1990, as amended, to authorize the Temporary use of a
Garden Suite;
And Whereas pursuant to subsection 39 (1.2)of the Planning Act, the Council of
the Municipality may require the owner of the Garden Suite, or any other person
to enter into an Agreement with the Municipality under. Section 207.2 of the
Municipal Act;
And Whereas the owner and the occupant have consented to enter into an
Agreement with the municipality under the terms and conditions hereinafter set
forth, as a condition of the temporary re-zoning to authorize the use of a Garden
Suite upon the Subject Lands;
Now Therefore consideration of the temporary re-zoning of the subject lands,
the Owner and the Occupant hereby covenant and agree with the Municipality as
outlined in this Agreement.
Page 12 of 18
5.b) 2021-102: A By-law to allpw a Temporary Use for a Garden Suite by J...
1. Definitions
1.1 "Garden Suite" means a one unit detached residential structure
containing bathroom and kitchen facilities that is ancillary to an
existing residential structure and that is designed to be portable.
1.2 "Permitted Temporary Use" means one mobile home, used as a
Garden Suite, in accordance with the terms of this Agreement and
the provisions of the Temporary Use By-law.
1.3 "Temporary Use By-law" means the by-law passed by the
Municipality pursuant to Sections 34 and 39 of the Planning Act to
authorize the permitted temporary use upon the subject lands.
2. Use, Installation, Maintenance and Removal of Garden Suite
2.1 The Owner and Occupant shall be responsible, at their sole cost for
the installation and maintenance of the Garden Suite upon the
subject Lands in accordance with the by-laws of the Township in
effect from time to time, Including but not limited to the Temporary
Use By-law, and all applicable Federal and Provincial legislation.
2.2 Subject to the terms of this Agreement and the Temporary Use By-
law, the permitted temporary use may be carried on upon the
Subject Lands from the date of the commencement of the Term of
this Agreement, as hereinafter defined.
2.3 The Owner and Occupant shall remove the Garden Suite from the
subject lands on or before the earlier of.
(a) in the event of default by the Owner or Occupant under the
terms of this Agreement or the provisions of the Temporary Use
By-law, the 30th day following written notice from the Township
of the termination of this Agreement;
(b) the 180th day following the date of death of the Occupant; or;
(c) the last day of the Term of this Agreement.
2.4 In the event that the Owner and Occupant fail to remove the
Garden Suite from the Subject hands in accordance with the
provisions of this Agreement, the Municipality may enter upon the
Subject Lands to remove the Garden Suite, and all costs incurred
by the Municipality in connection therewith shall be recoverable
from the Owner pursuant to the provisions of Section 326 of the
Municipal Act, c.M.45, R.S.O. 1990, as amended, whereby the
costs incurred will be added to the tax roll and collected in a like
manner as taxes.
3. Term
3.1 The Term of this Agreement shall commence from the date of
execution by the Township and expiring on the day immediately
preceding the V day of September, 2041.
4. Occupancy of Garden Suite
4.1 The Owner and Occupant shall not permit the Garden Suite to be
occupied by any person other than the Occupant.
5. Default and Termination
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5.b) 2021-102: A By-law to allpw a Temporary Use for a Garden Suite by J...
5.1 In the event of default by the Owner or the Occupant under the
terms of this Agreement, which default shall not have been cured
by the Owner or Occupant within 30 days of written notice of default
from the Municipality, the Municipality shall have the right to
terminate this Agreement on 30 days notice in writing to the owner
and Occupant.
5.2 In the event of termination of this Agreement, the rights of the
Owner and Occupant to continue the permitted temporary use shall
immediately cease, and the Municipality shall be entitled to repeal
the Temporary Use By-law without further notice to the Owner or
Occupant.
6. Expenses of the Municipality
6.1 Every provision of this Agreement by which the Owner or Occupant
is obligated in any way shall be deemed to include the words "at the
expense of the Owner or Occupant'as the case may be, unless the
context otherwise requires.
6.2 The Owner and Occupant shall be responsible for and shall pay to
the Municipality on demand all costs incurred by the Municipality in
connection with the preparation and enforcement of this Agreement
and the Temporary Use By-law.
6.3 The Owner and Occupant shall, on or before the execution of this
Agreement by the municipality, file with the Municipality a deposit in
the amount of$2500.00, which may be applied by the Municipality
in reduction of the costs incurred as set out above.
6.4 All costs and expenses exceeding the said $2500.00 deposit shall
be recoverable from the owner as described in Section 2.4.
7. Notice
All Notices to be given hereunder may be given by registered letter
addressed to:
Owner: Jacob Smith
4 Richelieu Road
Warminster, Ontario
LOK 2GO
Occupant: Marlin Devil iers-Dinner
4 Richelieu Road
Warminster, Ontario
LOK 2GO
Municipality: Township of Oro-Medonte
148 Line 7 South
P.O. Box 100
Oro, Ontario
LOL 2XO
or such other address as the parties may respectively from time to time
designate in writing, and any such Notice shall be deemed to have been
given to and received by the addressee three (3)days after the mailing
thereof, postage prepaid and registered.
8. Severability
8.1 Any provision of this Agreement which is found to be invalid or
unenforceable under the laws of the Province of Ontario by a court
Page 14 of 18
5.b) 2021-102: A By-law to allpw a Temporary Use for a Garden Suite by J...
of competent jurisdiction, to the extent such provision is invalid or
unenforceable, shall be deemed severable and shall not affect any
other provision of this Agreement.
9. No Assignment
9.1 This Agreement, and the rights and obligations arising under it, may
not be assigned by the Owner or the Occupant without the prior
written consent of the Municipality.
10. Estoppel
10.1 The Owner, Occupant and the Municipality will not call into
question directly or indirectly in any proceeding in law or in equity
or before any administration or other tribunal, the right of the other
parties to enter in this Agreement and to enforce every term,
covenant and condition of it. The law of contract applies to this
Agreement and the parties are entitled to all remedies arising from
it. This provision may be pleaded by the parties in any action or
proceeding as an estoppel of any denial of such right.
11. Indemnification from Liability and Release
11.1 The Owner and Occupant covenant and agree with the
municipality, on behalf of themselves, their permitted successors
and assigns, to indemnify and save harmless the Municipality, its
servants and agents from and against any and all actions, suits,
claims and demands whatsoever which may arise either directly or
indirectly in connection with this Agreement.
11.2 The Owner and Occupant further covenant and agree to release
and forever discharge the Municipality from and against all claims,
demands, causes of actions, of every nature and type whatsoever
that may arise as a result of any action taken by the municipality
under the terms of this Agreement
12. Interpretation
12.1 In the interpretation of this Agreement, unless the context indicates
a contrary intention:
(a) the obligations of more than one party will be joint and
several,
(b) words denoting the singular include the plural and vice versa
and words denoting any gender include all genders;
(c) headings are for convenience only and do not affect
interpretation;
(d) reference to Sections and Schedules are to sections and
schedules of this Agreement and the Schedules form part of
this Agreement, and
(e) this Agreement may be executed in any number of
counterparts, each of which will be deemed an original but
which together will constitute one instrument.
Page 15 of 18
5.b) 2021-102: A By-law to allow a Temporary Use for a Garden Suite by J...
In witness whereof the parties have hereunder set their hands and seals.
Signed, sealed and delivered in the presence of
Jacob Kevin Smith, Owner
Mayor, H.S. Hughes
Deputy Clerk, J. Teeter
Page 16 of 18
5.b) 2021-102: A By-law to allpw a Temporary Use for a Garden Suite by J...
This is Schedule"A"to the Agreement Between
Jacob Kevin Smith
and The Corporation of the Township of Oro-Medonte
Description
PLAN M92 LOT 47,
Township of Oro-Medonte (formerly Township of Medonte),
County of Simcoe,
municipally known as 4 Richelieu Road.
Page 17 of 18
6.a) By-Law No. 2021-101 : Being a By-Law to Confirm the Proceedings of t...
The Corporation of the Township of Oro-Medonte
By-Law No. 2021-101
Being a By-Law to Confirm the Proceedings of the Council Meeting held on
Wednesday, September 1, 2021
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,
September 1, 2021, 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 Municipal Board 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.
By-Law Read a First,Second and Third time, and Passed this 1st day of
September, 2021.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 18 of 18