10 09 2024 Council MinutesTowtuhiy of
Proud Heritage, Exciting Femur
The Township of Oro-Medonte
Council Meeting Minutes
Electronic Hybrid Meeting
Wednesday, October 9, 2024 3:00 p.m.
2022-2026 Council
Present: Mayor Randy Greenlaw
Deputy Mayor Peter Lavoie
Councillor Lori Hutcheson
Councillor John Bard
Councillor David Clark (left @ 4:30 during Item 19)
Councillor Richard Schell
Councillor Robert Young
Staff Shawn Binns, Chief Administrative Officer; Yvonne Aubichon, Clerk;
Present: Donna Hewitt, Director, Corporate Services; Michelle Jakobi, Director,
Environmental Services; Ralph Dominelli, Executive Staff Officer/Fire
Chief; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief
Municipal Law Enforcement Officer; George Vadeboncoeur, Manager,
Special Projects, Planning; Christy Scheffel, Deputy Treasurer, Manager,
Accounting; Vanessa Cooper, Social Media Coordinator/Corporate
Executive Assistant; 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 - Reading of Land Acknowledgement:
Mayor Greenlaw assumed the Chair at the above noted time and called the meeting to order
followed by the reading of the Land Acknowledgement.
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
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Council Meeting Minutes — Wednesday, October 9, 2024.
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. C241009-1
Moved by Young, Seconded by Hutcheson
Be it resolved that the agenda for the Council meeting of Wednesday, October 9, 2024 be
received and adopted.
Carried.
3. Disclosure of Pecuniary Interest:
Councillor Schell declared a conflict of interest on Item 19c) Brent Spagnol, Director,
Development Services, re: Litigation affecting the municipality; Solicitor -client privilege (Short
Term Rentals (STR's)). Councillor Schell submitted the following: I own and operate a Short
Term Rental Property.
4. Closed Session Items:
To be dealt with at Item #19.
5. Minutes of Council and Committees:
a) Minutes of Council meeting held on Wednesday, September 25, 2024.
Motion No. C241009-2
Moved by Clark, Seconded by Lavoie
Be it resolved that the draft minutes of the Council meeting held on Wednesday, September
25, 2024 be received and adopted as printed and circulated.
Carried.
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Council Meeting Minutes — Wednesday, October 9, 2024.
6. Recognition of Achievements:
None.
7. Public Meetings:
None.
8. Deputations/Presentations:
a) Jane Voorheis, on behalf of, Friends of the Future re: Lowering Speed Limits in School
Zones.
Motion No. C241009-3
Moved by Schell, Seconded by Bard
Be it resolved
1. That the deputation provided by Jane Voorheis, on behalf of, Friends of the Future re:
Lowering Speed Limits in School Zones be received.
2. That Section 14.8 o) of Procedural By -Law No. 2023-043 be waived.
3. And that staff continue to work collaboratively with the Traffic Safety Advisory Committee,
the Ontario Provincial Police, the Simcoe County District School Board and the County of
Simcoe on advancing initiatives to promote safer school zones in the Township of Oro-
Medonte.
9. Identification From the Public of an Agenda Item of Interest:
One individual requested for Item 16b) to be brought forward.
10. Open Forum:
None.
Carried.
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Council Meeting Minutes — Wednesday, October 9, 2024.
16 Communications/Petitions:
b) Correspondence dated September 16, 2024 from Oro-Medonte Property Owners'
Association re: the Zone 1 Water Connection Fee.
Motion No. C241009-4
Moved by Young, Seconded by Lavoie
Whereas:
1. On July 21, 2021 the Ontario Superior Court of Justice issued a Statement of Claim
brought forward by the Oro-Medonte Property Owners' Association pertaining to the
integration of the Private Horseshoe Resort (Freed Developments) Zone 1 Drinking
Water System to the Municipal Horseshoe Highlands Drinking Water System; namely
matters related to system ownership and collection of fees as included in the Township
Fees & Charges By-law.
2. On May 3, 2023 the Ontario Superior Court of Justice rendered a decision in the
Township's favour pertaining to the matters raised by the Oro-Medonte Property Owners'
Association in the Statement of Claim regarding the Zone 1 Private Horseshoe Resort
(Freed Developments) Drinking Water System.
3. On July 6, 2023 the Ontario Superior Court of Justice rendered a decision in the
Township's favour pertaining to the Township seeking costs associated with matters
raised by the Oro-Medonte Property Owners' Association with a partial indemnity cost
award.
4. On January 24, 2024, the Court of Appeal for Ontario dismissed the Oro-Medonte
Property Owners Association's appeal, pertaining to a May 3, 2023 Summary
Judgement decision by the Superior Court of Justice, which addresses all matters
related to the Statement of Claim, including the integration fee, system ownership and
cost awards.
5. On August 14, 2024 Council
a. Received Staff Report No. ES2024-14 accompanied with a comprehensive review of
Horseshoe Zone 1 Drinking Water Integration Fees completed by KPMG LLP;
b. Resolved that Schedule J of the Township's Fees and Charges By-law 2021-130 be
amended to reflect an amendment to the one-time fee of $5,577.24 for those who
elect to pay the Horseshoe Zone 1 Drinking Water Integration fee in full at the time
that their homes are connected to the integrated drinking water system; and that the
quarterly Horseshoe Zone 1 Drinking Water Integration Fee remain unchanged;
c. Directed that staff resume the Horseshoe Zone 1 integration project.
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Council Meeting Minutes — Wednesday, October 9, 2024.
6. On September 11th, 2024 Council enacted updates to the Township's Fees and Charges
reflecting the August 14, 2024 direction.
Now be it resolved that:
The September 16, 2024 petition from Tom Kurtz, President, Oro-Medonte Property Owners'
Association be received;
Staff continue to proceed with the implementation of the Horseshoe Zone 1 Drinking Water
Integration Project as previously directed by Council; and
That Township staff continue to provide Zone 1 Integration project updates on the dedicated
Township landing page accessible from www.oro-medonte.ca.
Carried.
Recorded Vote Requested by Councillor Schell
Councillor Young Yea
Councillor Bard Yea
Councillor Clark Yea
Councillor Hutcheson Yea
Deputy Mayor Lavoie Yea
Councillor Schell Nay
Mayor Greenlaw Yea
11.Reports of Municipal Officers for Action:
a) CS2024-22, Donna Hewitt, Director, Corporate Services re: Financial Contributions —
External Organizations Policy.
Motion No. C241009-5
Moved by Hutcheson, Seconded by Clark
Be it resolved
1. That CS2024-22, Donna Hewitt, Director, Corporate Services re: Financial Contributions
— External Organizations Policy be received and adopted.
2. That draft Policy POL-FIN-12 be adopted as presented.
3. That Policy POL-FIN-12 be posted to the Township's website and shared with relevant
external organizations.
Carried.
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Council Meeting Minutes — Wednesday, October 9, 2024.
12.Reports of Municipal Officers for Information Only:
a) FES2024-05, Ralph Dominelli, Executive Staff Officer/Fire Chief re: Emergency
Purchase of Extrication Tools - Revised.
b) CS2024-21, Vanessa Cooper, Social Media Coordinator/ Corporate Executive Assistant
re: Corporate Projects Status Update — May - August 2024.
c) CS2024-23, Donna Hewitt, Director, Corporate Services re: 2024 Development Charges
By-law Process Update.
d) Memorandum correspondence dated October 9, 2024 from Karla Musso-Garcia,
Manager, Operations re: By-law 2024-105-By-Law to Require the Issuance of a Permit
for Over -Dimensional Loads [Refer to Item 18a)].
Motion No. C241009-6
Moved by Bard, Seconded by Schell
Be it resolved that the reports, as listed under Item #12, Reports of Municipal Officers for
Information Only, be received:
a) FES2024-05, Ralph Dominelli, Executive Staff Officer/Fire Chief re: Emergency Purchase
of Extrication Tools - Revised.
b) CS2024-21, Vanessa Cooper, Social Media Coordinator/ Corporate Executive Assistant
re: Corporate Projects Status Update — May - August 2024.
c) CS2024-23, Donna Hewitt, Director, Corporate Services re: 2024 Development Charges
By-law Process Update.
d) Memorandum correspondence dated October 9, 2024 from Karla Musso-Garcia,
Manager, Operations re: By-law 2024-105-By-Law to Require the Issuance of a Permit
for Over -Dimensional Loads [Refer to Item 18a)].
Carried.
13. Reports of Members of Council:
a) Updates from Council Representatives — County of Simcoe and Township Partners
and Agencies.
The following members of Council provided updates: Mayor Greenlaw, Deputy Mayor
Lavoie, Councillors Hutcheson and Young.
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Council Meeting Minutes — Wednesday, October 9, 2024.
b) Deputy Mayor Peter Lavoie re: Zone 1 - Water Integration Legal Cost Attribution.
Motion No. C241009-7
Moved by Lavoie, Seconded by Hutcheson
WHEREAS, the Township of Oro-Medonte is an incorporated municipality [the Township]
within the County of Simcoe,
AND WHEREAS, there are 12 municipal drinking water systems in the Township of Oro-
Medonte; being Braestone, Canterbury, Cedarbrook, Craighurst, Harbourwood, Horseshoe
Highlands, Maplewood, Medonte Hills, Robincrest, Shanty Bay, Sugarbush and Warminster,
AND WHEREAS, there is a private non -municipal year-round residential drinking water
system in Horseshoe Valley, known as the Private Horseshoe Resort (Freed Developments)
Zone 1 drinking water system,
AND WHEREAS, the integration of the Private Horseshoe Resort (Freed Developments)
Zone 1 Drinking Water System to the Municipal Horseshoe Highlands Drinking Water
System has been an integral part of the Township's capital and corporate strategic planning
process for several years,
AND WHEREAS, the Township has incurred legal costs since 2021 related to The
Corporation of the Township of Oro-Medonte (the "Township") ats. Oro-Medonte Property
Owners' Association (the "OMPOA") pertaining to the integration of the Private Horseshoe
Resort (Freed Developments) Zone 1 Drinking Water System to the Municipal Horseshoe
Highlands Drinking Water System,
AND WHEREAS, the Ontario Superior Court of Justice rendered a decision in the
Township's favour on July 6, 2023 with a partial indemnity cost award of $112,799 plus
interest,
AND WHEREAS, the Court of Appeal for Ontario also dismissed the OMPOA appeal on
January 24, 2024 and awarded the Township the costs of the appeal of $20,000 plus
interest,
AND WHEREAS, to date all legal fees associated with The Corporation of the Township of
Oro-Medonte (the "Township") ats. Oro-Medonte Property Owners' Association (the
"OMPOA") has been expensed through general tax accounts,
NOW AND THEREFORE, Council directs that the Chief Financial Officer (Treasurer) adjust
the Chart of Accounts of the Township such that all legal costs associated with the
integration of the Private Horseshoe Resort (Freed Developments) Zone 1 Drinking Water
System to the Municipal Horseshoe Highlands Drinking Water System be allocated to
municipal drinking water reserves, being the reserve funded by the 12 municipal drinking
water systems in the Township of Oro-Medonte; being Braestone, Canterbury, Cedarbrook,
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Council Meeting Minutes — Wednesday, October 9, 2024.
Craighurst, Harbourwood, Horseshoe Highlands, Maplewood, Medonte Hills, Robincrest,
Shanty Bay, Sugarbush and Warminster,
And That, for further clarity no legal costs associated with the integration of the Private
Horseshoe Resort (Freed Developments) Zone 1 Drinking Water System to the Municipal
Horseshoe Highlands Drinking Water System be allocated to general tax accounts.
Carried.
Recorded Vote Requested by Councillor Schell
Councillor Young Yea
Councillor Bard Yea
Councillor Clark Yea
Councillor Hutcheson Yea
Deputy Mayor Lavoie Yea
Councillor Schell Nay
Mayor Greenlaw Yea
14.Announcements:
The following members of Council provided Announcements: Mayor Greenlaw, Councillors
Hutcheson and Schell.
15. Consent Agenda:
a) Correspondence from Severn Sound Environmental Association (SSEA) re: SSEA Board
Minutes, Highlights, Q2 Quarterly Report, SSSPA Meeting Minutes.
Staff Recommendation: Receive for Information Only.
b) Minutes of Barrie Public Library Board meeting held on Thursday, June 27, 2024.
Staff Recommendation: Receive for Information Only.
Motion No. C241009-8
Moved by Clark, Seconded by Young
Be it resolved that the staff recommendations with respect to the items listed under "Consent
Agenda Correspondence" be adopted as printed:
a) Correspondence from Severn Sound Environmental Association (SSEA) re: SSEA Board
Minutes, Highlights, Q2 Quarterly Report, SSSPA Meeting Minutes.
Received for Information Only.
b) Minutes of Barrie Public Library Board meeting held on Thursday, June 27, 2024.
Received for Information Only.
Carried.
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Council Meeting Minutes — Wednesday, October 9, 2024.
16. Communications/Petitions:
a) Correspondence dated September 30, 2024 from John Ewart, Ewart O'Dwyer, Integrity
Commissioner (I.C.) re: Complaint Pursuant to the Code of Conduct.
Motion No. C241009-9
Moved by Schell, Seconded by Bard
Be it resolved that the correspondence dated September 30, 2024 from John Ewart, Ewart
O'Dwyer, Integrity Commissioner (I.C.) re: Complaint Pursuant to the Code of Conduct be
received.
Carried.
17.Notice of Motions:
None.
18. By -Laws:
a) 2024-105: Being a "By -Law to Require the Issuance of a Permit for Over Dimensional
Loads" and to repeal By -Law 2009-009.
Motion No. C241009-10
Moved by Bard, Seconded by Schell
Be it resolved that By -Law No. 2024-105:
a) 2024-105: Being a "By -Law to Require the Issuance of a Permit for Over Dimensional
Loads" and to repeal By -Law 2009-009
be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed
by the Mayor.
Carried.
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Council Meeting Minutes — Wednesday, October 9, 2024.
19.Closed Session Items (Unfinished Items):
a) Motion to go In Closed Session.
Motion No. C241009-11
Moved by Lavoie, Seconded by Young
Be it resolved that we do now go in Closed Session at 4:13 p.m. to discuss
• Litigation affecting the municipality; Solicitor -client privilege (Short Term Rentals (STR's));
• Acquisition/disposition of land (Request to Purchase Road Allowance Parts 2 & 3
between Lots 10 & 11, Con 7 (57 Mount St. Louis Road)); (Request to Purchase Old
Coldwater Road and Dunlop Bridge abutting lands described as PT E1/2 LTS 2 & 3 CON
14 Oro-Medonte Being PT 1 PL 51R37556 Township of Oro-Medonte).
Carried.
b) Motion to Rise and Report.
Motion No. C241009-12
Moved by Hutcheson, Seconded by Lavoie
Be it resolved that we do now Rise at 5:37 p.m. and Report on the Closed Session Items 19
c) Brent Spagnol, Director, Development Services, re: Litigation affecting the municipality;
Solicitor -client privilege (Short Term Rentals (STR's)).
d) Yvonne Aubichon, Clerk re: Acquisition/disposition of Land (Request to Purchase Road
Allowance Parts 2 & 3 between Lots 10 & 11, Con 7 (57 Mount St. Louis Road)).
e) Yvonne Aubichon, Clerk re: Acquisition/disposition of land (Request to Purchase Old
Coldwater Road and Dunlop Bridge abutting lands described as PT E1/2 LTS 2 & 3 CON
14 Oro-Medonte Being PT 1 PL 51R37556 Township of Oro-Medonte).
Carried.
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Council Meeting Minutes — Wednesday, October 9, 2024.
c) Brent Spagnol, Director, Development Services, re: Litigation affecting the municipality;
Solicitor -client privilege (Short Term Rentals (STR's)).
Councillor Schell declared a conflict of interest on Item 19c) Brent Spagnol, Director,
Development Services, re: Litigation affecting the municipality; Solicitor -client privilege (Short
Term Rentals (STR's)). Councillor Schell submitted the following: I own and operate a Short
Term Rental Property. Councillor Schell left the room during the discussion of this item.
The following staff were present: Shawn Binns, Chief Administrative Officer; Yvonne
Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Brent Spagnol, Director,
Development Services; George Vadeboncoeur, Manager, Special Projects, Planning; Chris
Williams; and Laura Dean, Aird & Berlis LLP.
Motion No. C241009-13
Moved by Lavoie, Seconded by Hutcheson
Be it resolved
1. That the confidential memorandum correspondence dated October 7, 2024 from Aird &
Berlis LLP and presented by Brent Spagnol, Director, Development Services, Chris
Williams and Laura Dean, Aird & Berlis LLP re: Litigation affecting the municipality;
Solicitor -client privilege (Short Term Rentals (STR's)) be received.
2. That staff proceed as directed by Council.
Carried.
d) Yvonne Aubichon, Clerk re: Acquisition/disposition of Land (Request to Purchase Road
Allowance Parts 2 & 3 between Lots 10 & 11, Con 7 (57 Mount St. Louis Road)).
The following staff were present: Shawn Binns, Chief Administrative Officer; Yvonne
Aubichon, Clerk; Donna Hewitt, Director, Corporate Services.
Motion No. C241009-14
Moved by Schell, Seconded by Bard
Be it resolved
1. That Confidential Report No. CS2024-20, Yvonne Aubichon, Clerk re:
Acquisition/Disposition of Land of Unopened Road Allowance Parts 2 & 3 between Lots
10 & 11, Concession 7 be received and adopted.
2. That Parts 2 & 3, between Lots 10 & 11, Concession 7; 51 R-34651, Part of PIN 58523-
0002(LT) as outlined in map (Appendix A) be declared surplus and be sold to the abutting
property owners at PT LT 10 CON 7 MEDONTE PT 4, 51R18486; ORO-MEDONTE (57
Mount St. Louis Road West) for terms consistent with those extended in 2006 and
adjusted to reflect 2024 costs.
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Council Meeting Minutes — Wednesday, October 9, 2024.
3. That the owners be advised the land transaction as noted in this motion is contingent on
the conditions outlined below:
a) Fulfillment of the recommendations from any external agencies received following this
report;
b) The proposed lands to be conveyed are to merge on title with their existing parcel of
land and that the owners will be required to bring an Application under the Land Titles
Act, R.S.O. 1990, as amended to consolidate the parcels to one Property Identifier
Number (PIN), at their own expense upon transfer;
c) That the required deposit of $ 5,000.00 to be paid to the Township of Oro-Medonte by
the requester prior to any further work by Township staff;
d) That the owners be responsible for all costs associated with the transfer.
4. And that the applicant be advised of Council's decision under the Clerk's signature.
Carried.
e) Yvonne Aubichon, Clerk re: Acquisition/disposition of land (Request to Purchase Old
Coldwater Road and Dunlop Bridge abutting lands described as PT E1/2 LTS 2 & 3 CON
14 Oro-Medonte Being PT 1 PL 51R37556 Township of Oro-Medonte).
The following staff were present: Shawn Binns, Chief Administrative Officer; Yvonne
Aubichon, Clerk; Donna Hewitt, Director, Corporate Services.
Motion No. C241009-15
Moved by Bard, Seconded by Lavoie
Be it resolved
1. That the confidential verbal information presented by Yvonne Aubichon, Clerk re:
Acquisition/disposition of land (Request to Purchase Old Coldwater Road and Dunlop
Bridge abutting lands described as PT E1 /2 LTS 2 & 3 CON 14 Oro-Medonte Being PT 1
PL 51 R37556 Township of Oro-Medonte) be received.
2. That staff proceed as directed by Council.
Carried.
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Council Meeting Minutes — Wednesday, October 9, 2024.
20.Confirmation By -Law:
a) 2024-106: Being a By -Law to Confirm the Proceedings of the Council Meeting held on
Wednesday, October 9, 2024.
Motion No. C241009-16
Moved by Young, Seconded by Lavoie
Be it resolved that By -Law No. 2024-106: Being a by-law to confirm the proceedings of the
Council meeting held on Wednesday, October 9, 2024 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. C241009-17
Moved by Schell, Seconded by Young
Be it resolved that we do now adjourn at 5:44 p.m.
Carried.
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