Loading...
11 13 2024 Council MinutesoT<�o Proud Heritage, Exciting Future The Township of Oro-Medonte Council Meeting Minutes Electronic Hybrid Meeting Wednesday, November 13, 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 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; Brent Spagnol, Director, Development Services; Dylan Flannery, Director, Operations and Community Services; Shannon Johnson, Director, Finance/Chief Financial Officer; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Garry McCartney, Chief Building Official; 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 First Nations. The Huron-Wendat Nation also continues to pay respect and protect their Page 1 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. 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. C241113-1 Moved by Young, Seconded by Clark Be it resolved that the agenda for the Council meeting of Wednesday, November 13, 2024 be received and adopted. Carried. Motion No. C241113-2 Moved by Schell, Seconded by Lavoie 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. 3. Disclosure of Pecuniary Interest: None declared. 4. Closed Session Items: To Be Dealt with under Item #19. Carried. Page 2 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. 5. Minutes of Council and Committees: a) Minutes of Heritage Committee meeting held on Monday, October 21, 2024. b) Minutes of Council meeting held on Wednesday, October 23, 2024. c) Minutes of Special Council meeting held on Wednesday, October 23, 2024. Motion No. C241113-3 Moved by Hutcheson, Seconded by Schell Be it resolved that the draft a) Minutes of Heritage Committee meeting held on Monday, October 21, 2024 be received; and that the recommendation therein, per Motion No. HC241021-4, be adopted. and that the draft b) Minutes of the Council meeting held on Wednesday, October 23, 2024; c) Minutes of Special Council meeting held on Wednesday, October 23, 2024 be received and adopted as printed and circulated. Carried. 6. Recognition of Achievements: a) Correspondence dated October 23, 2024 from the County of Simcoe re: County of Simcoe Bursary Program, Township of Oro-Medonte 2024 Recipients, Finlay Kennie and Nicolas Lancione. Motion No. C241113-4 Moved by Schell, Seconded by Young Be it resolved 1. That the correspondence dated October 23, 2024 from the County of Simcoe re: County of Simcoe Bursary Program, Township of Oro-Medonte 2024 Recipients, Finlay Kennie and Nicolas Lancione be received. 2. That the recipients be recognized under the Mayor's signature. 7. Public Meetings: None. Carried. Page 3 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. 8. Deputations/Presentations: a) Andrew Deane, Room Consulting Inc., on behalf of Nino and Melissa Campoli re: Request for Relief, Fees and Charges By -Law 2024-094, Schedule B (Building), Section 5.2. Motion No. C241113-5 Moved by Clark, Seconded by Lavoie Be it resolved 1. That the deputation presented by Andrew Deane, Room Consulting Inc., on behalf of Nino and Melissa Campoli re: Request for Relief, Fees and Charges By -Law 2024-094, Schedule B (Building), Section 5.2 be received. 2. That Procedural By -Law No. 2023-043, Section 14.8 o) be waived. 3. That the request be respectfully denied in accordance with Fees & Charges By -Law. 4. That the applicant be advised of Council's decision under the Chief Building Official's signature. Motion No. C241113-6 Defeated. Moved by Clark, Seconded by Schell Be it resolved that the request for reconsideration with respect to Item 8a) Deputation by Andrew Deane, Room Consulting Inc., on behalf of Nino and Melissa Campoli re: Request for Relief, Fees and Charges By -Law 2024-094, Schedule B (Building), Section 5.2 be approved. Motion No. C241113-7 Moved by Clark, Seconded by Young Carried. Be it resolved 1. That the deputation presented by Andrew Deane, Room Consulting Inc., on behalf of Nino and Melissa Campoli re: Request for Relief, Fees and Charges By -Law 2024-094, Schedule B (Building), Section 5.2 be received. 2. That Procedural By -Law No. 2023-043, Section 14.a o) be waived. 3. That the request be respectfully denied in accordance with Fees & Charges By -Law. 4. That the applicant be advised of Council's decision under the Chief Building Official's signature. Carried. Page 4 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. 9. Identification From the Public of an Agenda Item of Interest: One (1) individual requested for Item 17a) to be brought forward. 10. Open Forum: One (1) individual provided comments with respect to Item 17a). 17. Notice of Motions: a) Brought by Councillor Schell, October 9, 2024 Notice of Motion for October 23, 2024 Council meeting To be dealt with at the November 13, 2024 Council meeting Whereas Council has articulated a high standard of commitment to transparency. This is especially essential regarding all municipal fiscal dealings. And Whereas, it has been repeatedly stated in numerous reports that "drinking water is a user fully funded service supported only from those who receive and pay for the service" KPMG pg. 6 —Report Township of Oro-Medonte Report No. ES2020-04 Pg. 2 And Whereas, the Township reported 2,400 residents receiving municipal water pay the full costs of the public service including contributing 30% to their reserves. And Whereas, the private Zone 1 water system users pay flat fee of $880 annually and only contribute 10% annually to their reserves. And Whereas, in comparison, the current cost of drilling and installing a private well is often in excess of $20,000 plus the added costs (estimated at $200 annually) including, but not limited to maintenance, repairs and energy. If those needing private wells were able to instead invest this amount the return on investment would exceed the costs of those receiving drinking water from a municipal system. And Whereas, it is standard practice for a municipality to assume infrastructure only when it is brought up to the required standards. This has financial implication for the assumption of Zone 1 Water infrastructure prior to integration. And Whereas, the KPMG report is limited to capital costs. Public awareness of all costs associated with the Integration of Zone 1 Water is needed to concur with transparency standards and validate compliance with the full user pay requirements for those receiving drinking water from a municipal system. And Whereas, it is stated in the Oro-Medonte (Review of Horseshoe Valley Zone 1 Integration fees "pursuant to the engagement agreement with Client dated July 26, 2024 Page 5 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. KPMG neither warrants nor represents findings contained in this report is accurate, complete, sufficient " and "We have not sought to independently verify those sources unless otherwise noted within the report" And Whereas during the March 13th , 2024 Council Meeting Deputy Mayor Lavoie put forth a motion to review the fees for each of the water users on the Zone 1 private water system in Horseshoe Valley. The expectation of such a review was that as the fees were established in 2019 dollars and considering the rate of inflation during the four years that the fees needed to be increased. And Whereas, the commitment to publicly answer Councillor Schell's questions concerning additional costs for the Zone 1 water integration were provided privately to him after Council's decision to reduce the previously established Integration fees. And Whereas, Deputy Mayor Lavoie's March 13th Notice of Motion "whether it is appropriate to use existing reserves for a water system outside of the current municipal water reserve funding regime." has not been publicly addressed. And Whereas, there are a number of associated costs that appear to have not been included in the Zone 1 water Integration fees determination. Transparency commitments require that all costs be identified and how the payments are apportioned for the Integration of Zone 1. These include but are not limited to: (i) The amount and cost appropriations of the DC study completed by Watson & Associates Economists Ltd in 2019 attributed to the Zone 1 water Integration (Report No. ES2020-03 March 13, 2020) (ii) The actual amount and cost appropriations of $50k-75k in professional fees completed by KPMG attributed to the Zone 1 water Integration (August 1st , 2024) (iii) The amount of revenue received from the approximately four years of interest fees on the funds utilized from municipal water reserves solely for the Zone 1 water Integration (iv) The (420 users X 25 years X $17.09) totaling $179,445.00 increase that was identified in the KPMG report but not attributed to Zone 1 Water Users. (v) Superior Court of Justice records identify $112,799.90 as partial indemnity, plus a $750.00 penalty delay @ 6%, plus $20,000 to be paid to the Township by the Oro- Medonte Property Owners. Without interest this totals $143,549.90. All legal costs need to be stated. How they are apportioned providing identification of those fees that have been collected and those that have not been uncollected. (vi) During a Special Council Meeting held Wednesday, July 22nd 2020 Council unanimously in a recorded vote changed the onetime fee payment. This change ($7,107.05 - $5,677.24 totaling $1,530.06) gave a further reduction to $790.06. The Page 6 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. anticipated impact on revenue ($790.06 X 420) totaling $331,825.20 needs to be clearly identified. (vii) There are a number of homes that have already had water meters installed at a cost of $485.90. The adjusted fee is now $752.00. The cost implications, if any, need to be identified. (viii) The Zone 1 Water infrastructure is almost three quarters of century old. As reported by the Ward 1 Councillor, continues to experience long standing significant deficiencies resulting in breakdowns and boil water orders. Once assumed by the Township it can be expected there will be substantial costs to upgrading the infrastructure to required standards. The anticipated total cost implications and who pays need to be identified. (ix) During the reported failures in the Zone 1 water infrastructure has there been assistance in personnel and supplying of water from the municipal system? If so, the estimated costs and what, if any, remuneration provided needs to be identified. Now Therefore Be it Resolved that in the public interest staff prepare a report to Council to be considered in the public forum with a clear financial analysis identifying the full financial implications identifying all costs and how they are, or will be, allocated to all the taxpayers, municipal water users and private water users benefiting from the integration of the Zone 1 Water System. The draft motion for the Notice of Motion was not formally placed on the floor as there was no "Seconder" for the draft motion. Page 7 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. 11. Reports of Municipal Officers for Action: a) DS2024-122, Brent Spagnol, Director, Development Services re: Nottawasaga Conservation Authority Category 3 Report -Follow Up -Options. Council consented to allow members from the Nottawasaga Valley Conservation Authority to provide additional information and answer questions. Motion No. C241113-8 Moved by Lavoie, Seconded by Hutcheson Be it resolved 1. That DS2024-122, Brent Spagnol, Director, Development Services re: Nottawasaga Conservation Authority Category 3 Report -Follow Up -Options be received and adopted. 2. That Option 2 be endorsed as outlined in DS2024-122. 3. That the Nottawasaga Valley Conservation Authority be notified of Council's decision under the Director, Development Services' signature. Carried. b) OCS2024-31, Dylan Flannery, Director, Operations & Community Services re: Traffic Safety Advisory Committee Membership. Motion No. C241113-9 Moved by Hutcheson, Seconded by Clark Be it resolved 1. That OCS2024-31, Dylan Flannery, Director, Operations & Community Services re: Traffic Safety Advisory Committee Membership be received and adopted. 2. That Council direct staff to invite the Simcoe County District School Board (SCDSB) to send a representative to join the Township's Traffic Safety Advisory Committee, and otherwise continue with membership as is for the 2022-2026 term of Council. 3. That the appropriate draft by-law be brought forward for Council's consideration. Carried. Page 8 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. c) FI2024-014, Shannon Johnson, Director, Finance/Chief Financial Officer re: Asset Retirement Obligations. Motion No. C241113-10 Moved by Bard, Seconded by Hutcheson Be it resolved 1. That FI2024-014, Shannon Johnson, Director, Finance/Chief Financial Officer re: Asset Retirement Obligations be received and adopted. 2. That the Draft Asset Retirement Obligations Policy FIN-POL-13 be adopted as presented. Carried. d) CS2024-015, Yvonne Aubichon, Clerk re: Mid -Term Governance Review. Motion No. C241113-11 Moved by Young, Seconded by Bard Be it resolved 1. That CS2024-15, Yvonne Aubichon, Clerk re: Mid-term Governance Review be received and adopted. 2. That Council approve the procedural and governance matters as outlined in CS2024-15. 3. That staff bring back a report in Q1, 2025 with respect to Ward Boundary and Council Composition. 4. That staff bring forth the applicable draft by-laws as outlined in CS2024-15 for Council's consideration. Carried. 12. Reports of Municipal Officers for Information Only: a) DS2024-140, Curtis Shelswell, Manager, Municipal Law/Chief Municipal Law Enforcement Officer re: Municipal Law Enforcement Occurrence Update -September. Motion No. C241113-12 Moved by Hutcheson, Seconded by Schell Be it resolved that the report, as listed under Item #12, Reports of Municipal Officers for Information Only, be received: a) DS2024-140, Curtis Shelswell, Manager, Municipal Law/Chief Municipal Law Enforcement Officer re: Municipal Law Enforcement Occurrence Update -September. Carried. Page 9 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. 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: Deputy Mayor Lavoie, Councillors Hutcheson, Clark, Schell, and Young. 14. Announcements: The following member of Council provided announcements: Councillor Hutcheson. 15. Consent Agenda: a) Minutes of the Barrie Public Library Board (BPLB), meeting held on September 26, 2024. Staff Recommendation: Receive for Information Only. b) Correspondence dated November 4, 2024 from Orillia Public Library Board re: Township of Oro-Medonte Statistics: October 2024. Staff Recommendation: Receive for Information Only. c) Nottawasaga Valley Conservation Authority, Minutes of Meeting held on September 27, 2024 and Highlights of Meeting held on October 25, 2024. Staff Recommendation: Receive for Information Only. d) Correspondence dated October 22, 2024 from the Township of Clearview and Correspondence dated March 22, 2024 from the Township of Adelaide Metcalfe re: Request for Support - Increase Tile Drain Loan Limit. Staff Recommendation: Receive, Support, Advise Under the Mayor's Signature. Motion No. C241113-13 Moved by Bard, 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 the Barrie Public Library Board (BPLB), meeting held on September 26, 2024. Received for Information Only. b) Correspondence dated November 4, 2024 from Orillia Public Library Board re: Township of Oro-Medonte Statistics: October 2024. Received for Information Only. Page 10 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. c) Nottawasaga Valley Conservation Authority, Minutes of Meeting held on September 27, 2024 and Highlights of Meeting held on October 25, 2024. Received for Information Only. d) Correspondence dated October 22, 2024 from the Township of Clearview and Correspondence dated March 22, 2024 from the Township of Adelaide Metcalfe re: Request for Support - Increase Tile Drain Loan Limit. Received, Supported, Advised Under the Mayor's Signature. Carried. 16. Communications/Petitions: None. 18. By -Laws: None. 19. Closed Session Items (Unfinished Items): a) Motion to go In Closed Session. Motion No. C241113-14 Moved by Lavoie, Seconded by Young Be it resolved that we do now go in Closed Session at 4:58 p.m. to discuss • Solicitor -client privilege (West 1/2 Lot 11, Concession 8); • Acquisition/disposition of land (Sale of Decommissioned Fire Hall - 375 Line 11 South (Hawkestone)). Carried. Page 11 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. b) Motion to Rise and Report. Motion No. C241113-15 Moved by Clark, Seconded by Hutcheson Be it resolved that we do now Rise at 5:57 p.m. and Report on the Closed Session Items 19 c) Brent Spagnol, Director, Development Services; George Vadeboncoeur, Manager, Planning, Special Projects re: Solicitor -client privilege (West 1/2 Lot 11, Concession 8); d) Yvonne Aubichon, Clerk re: Acquisition/Disposition of land (Sale of Decommissioned Fire Hall - 375 Line 11 South (Hawkestone)). Carried. c) Brent Spagnol, Director, Development Services; George Vadeboncoeur, Manager, Planning, Special Projects re: Solicitor -client privilege (West 1/2 Lot 11, Concession 8). 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, Planning Special Projects; Michelle Jakobi, Director, Environmental Services; Laura Dean and Tim Hill, Aird & Berlis LLP. Motion No. C241113-16 Moved by Young, Seconded by Bard Be it resolved 1. That the confidential memorandum correspondence dated November 12, 2024 from Aird & Berlis LLP and presented by Brent Spagnol, Director, Development Services; George Vadeboncoeur, Manager, Planning, Special Projects; and Aird & Berlis LLP Legal Counsel re: Solicitor -client privilege (West 1/2 Lot 11, Concession 8) be received. 2. That staff proceed as directed by Council. Carried. Page 12 of 13 Council Meeting Minutes — Wednesday, November 13, 2024. d) Yvonne Aubichon, Clerk re: Acquisition/Disposition of land (Sale of Decommissioned Fire Hall - 375 Line 11 South (Hawkestone)). The following staff were present: Shawn Binns, Chief Administrative Officer; Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services; Blair Smith and Tim Hewitt, Smith & Hewitt Real Estate Team, Brent Spagnol, Director, Development Services. Motion No. C241113-17 Moved by Clark, Seconded by Schell Be it resolved 1. That the confidential verbal information presented by Yvonne Aubichon, Clerk, Tim Hewitt and Blair Smith, Real Estate Agents re: Acquisition/Disposition of land (Sale of Decommissioned Fire Hall - 375 Line 11 South (Hawkestone)) be received. 2. That staff proceed as directed by Council. Carried. 20. Confirmation By -Law: a) 2024-126: Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, November 13, 2024. Motion No. C241113-18 Moved by Lavoie, Seconded by Young Be it resolved that By -Law No. 2024-126: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, November 13, 2024 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. 21. Adjournment: a) Motion to Adjourn. Motion No. C241113-19 Moved by Bard, Seconded by Clark Be it resolved that we do now adjourn at 6:01 p.m. ayor, Randy Greenlaw Cle'rk,\Yvonne Aubichon Carried. Carried. Page 13 of 13