Council

THAT the agenda be approved with the following amendments:  By-Law 2022-06 replaced due to a clerical error  Agenda item 11.5.1 regarding staff report CD 22-11 be moved to consent as item 4.4.

THAT the following motions be approved on Consent: 4.1 CD 22-015 ZNPL2021356 – An application to establish a garden suite, through a temporary use by-law, on the subject lands for an initial period of 11 years THAT the application by LINDA PARRACK, affecting the lands described as 850 2ND Concession Road ENR in the Township of Houghton, Norfolk County, to amend the Norfolk County Zoning By-Law 1-Z-2014 with a temporary use by-law to permit a garden suite for a period of 11 years, File Number ZNPL2021356, BE APPROVED for reasons set out in Report CD 22-015. 4.2 EIS-22-003 AMO Call to action – CN Railways and Drainage THAT Report EIS 22-003 Association of Municipalities Ontario call to action CN Railways and Drainage be received as information; AND THAT staff be directed to circulate a letter to the President and Chief Executive officer of CN Rail, similar in nature to the template provided by the Association of Municipalities of Ontario, of support for the Ontario Minister of Agriculture, Food and Rural Affairs’ call for CN Rail to share in the cost of drainage assessment. 4.3 CS 22-34 Leasing Space on Port Rowan Water Tower for Long Point Broadband Project THAT Staff Report CS-22-034 Leasing Space on the Port Rowan Water Tower for Long Point Broadband Project be received as information; AND THAT the Council authorize the Director, Information Technology to establish and execute a leasing agreement with Execulink Telecom Inc, for leased space on the Port Rowan Water Tower for

THAT the presentation provided by Adam Biddle, Forestry Supervisor, be received as information.

THAT the deputation provided by Cindy Presant, Norfolk Field Naturalist, regarding Draft Forest Conservation By-law be received as information.

THAT Council enter closed session at 2:06 p.m. to discuss the following matters:  OLT Matter about Misner Landing;  38 Harbour Street, Port Dover Encroachment legal advice;  OLT Matter about College Street, Port Rowan;  OLT matter about 15 Jaylin Crescent; pursuant to Section 239 (2)(e) and (f) of the Municipal Act, 2001 as amended as the subject matter pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

THAT Council reconvene in open session at 3:11 PM

THAT Staff Report CAO 21-86 regarding 38 Habour Street, Port Dover Encroachment Agreement be received as information; AND THAT the Corporation of Norfolk County execute and register an Encroachment Agreement with 1704365 Ontario Limited (Nicole Diec) being the current owner of the property located at 38 Harbour Street, Port Dover. The property is legally described as PDOV PLAN 207 PT RWY LOT 6, PIN 50247-0380 (LT), to recognize the encroachment of portions of the existing building on to the municipal right of way known as Habour Street, Port Dover; AND THAT the applicant pays all costs associated with the Encroachment Application including the registration on title of the Encroachment Agreement; AND FURTHER THAT the necessary by-law authorizing the Mayor and Clerk to execute the said Encroachment Agreement be presented to Council for adoption once the conditions of storm sewer easement, and repair has been completed by the developer.

THAT direction be provided to Legal Counsel regarding item 7.1 Ontario Land Tribunal Case No. PL190453 - 24 Lynn Street, Port Dover (Misner Landing) as outlined in closed session.

THAT direction be provided to legal regarding item 7.3 Ontario Land Tribunal Case No. OLT21-001279, College Street, Port Rowan as outlined in closed session.

THAT the information memo regarding item 7.4 Ontario Land Tribunal Case No. OLT-21-001335, 15 Jaylin Crescent, Port Dover be received as information.

THAT Council receive as information the Communications Items inclusive of: 8.1 Honourable David Piccini, Minister of the Environment, Conservation and Parks Re: Agricultural Bale Wrap, Twine and Boat Shrink Wrap Recycling Options 8.2 Information Memo - 2021-22 Dedicated Gas Tax Funds For Public Transportation Program (Provincial Gas Tax) 8.3 Downtown Simcoe Business Improvement Area - December 10, 2021 meeting minutes 8.4 Special Public Library Board Minutes - December 23, 2021 8.5 Public Library Board Minutes - November 24, 2021

THAT the following Council minutes be approved: 9.1 Regular Council Meeting - January 18, 2022 (open and closed) 9.2 Special Council Meeting - February 14, 2022 (open and closed)

THAT the following Committee minutes be approved: 10.1 Council-in-Committee Minutes - February 8, 2022 (open and closed) 10.2 Public Hearing Committee Minutes - February 1, 2022 10.3 Telecommunications Advisory Committee Minutes - January 27, 2022 10.4 Tourism and Economic Development Advisory Board Minutes - January 25, 2022 10.5 Recreation Advisory Committee Minutes - January 20, 2022 10.6 Agricultural Advisory Board Minutes - January 19, 2022

WHERAS Norfolk County is known as Ontario's Garden and has a rich agricultural and horticulture industry; AND WHEREAS Communities in Bloom and “Fleurons du Québec” in collaboration with the Canadian Garden Council, invite all municipalities to celebrate the Year of the Garden 2022; AND WHEREAS the Year of the Garden 2022 celebrates the Centennial of Canada’s horticulture sector; AND WHEREAS gardens and gardening contribute to the quality of life of our municipality, our climate action goals and create safe and healthy places where people can come together in the spirit of inclusivity and reconciliation: AND WHEREAS the Year of the Garden 2022 will highlight and celebrate the important contribution of gardeners, our local gardening organizations, horticultural professionals and local horticultural businesses which contribute to garden culture and experience of our municipality; AND WHEREAS gardens and gardening have helped us face the challenges of the COVID pandemic; THEREFORE BE IT RESOLVED, THAT Norfolk County hereby proclaim 2022 as the Year of the Garden in celebration of the contribution of gardens and gardening to the development of our country, our municipality and the lives of our citizens in terms of health, quality of life and environmental challenges; AND THAT the Saturday before Father’s Day, National Garden Day, June 18 in 2022, be recognize as Garden Day in Norfolk County as a legacy of Canada’s Year of the Garden 2022; AND THAT Norfolk County is committed to be

THAT Staff incorporate comments received from the Tourism and Economic Development Advisory Board Planning Advisory Committee into the Port Dover Secondary Plan.

THAT Staff present the next component of the Growth Management Study at a future Tourism and Economic Development Advisory Board meeting

THAT Report CS 22-026, Proposed Closure and Conveyance of Part of Douglas Street, Plan 286, Port Dover, be received as information; AND THAT the portion of Douglas Street, Plan 286, Port Dover, as set out in the report, be declared surplus to municipal needs, approved for closure and conveyance to Mark Lefler and Robin Lefler, subject to the reservation of an easement to the County, at a valuation of $3.50 per square foot; AND THAT the property owners be responsible for all costs associated with the process for closure and conveyance of the portion of Douglas Street, as set out in the report, including: all relevant surveying costs, title searching costs, advertising costs and all document registration costs; AND FURTHER THAT the net proceeds from the sale of the subject property be recorded as revenue in the current year’s operating budget, with the net proceeds to be transferred to the Property Management Services Reserve

THAT Report CS-22-032 Municipal Modernization Program Intake 3 - Transfer Payment Agreement – Budget Amendment, be received as information; AND THAT the Approved 2022 Capital Budget be amended to include $153,000 for the Norfolk County Records & Information Management (RIM) Modernization & Digitization Strategy Review with funding to be provided by provincial funding; AND THAT the Approved 2022 Capital Budget for the Insurance Claim Management Software (project 3332207) be amended to a total of $60,000, an increase of $10,000, with funding for the project to be provided by provincial funding ($38,500),and the balance provided by the Insurance Reserve Fund ($21,500); AND FURTHER THAT the Treasurer be authorized to execute both the Implementation and Review Stream Transfer Payment Agreements with the Municipal Modernization Program, through the Ministry of Municipal Affairs and Housing, on behalf of Norfolk County.

THAT By-law 4-Z-2022 and 5-Z-2022, By-law 2022-06 and 2022-07, and By-law 2022-09 to By-law 2022-16 inclusive be approved, signed by the Mayor and Clerk and affixed with the Corporate Seal.

WHEREAS Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and WHEREAS an Official Plan is developed through months of public consultation to ensure, “that future planning and development will meet the specific needs of our community”; and WHEREAS our Official Plan includes zoning provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and WHEREAS our Official Plan is ultimately approved by the province; and WHEREAS it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of Norfolk County Official Plan; and WHEREAS it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the Norfolk County Official Plan; and WHEREAS municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of Norfolk County; and WHEREAS the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in compliance with municipal

THAT Council enter closed session at 4:00 p.m. to discuss CS-22-C01 Proposed Property Sale pursuant to Section 239 (2)(c) of the Municipal Act, 2001 as amended as the subject matter pertains: a proposed or pending acquisition or disposition of land by the municipality or local board.

THAT Council reconvene in open session at 4:21 P.M.

THAT Report CS 22-C01, Proposed Property Sale, be received as information; AND THAT the property known municipally as 23-65 Waverly Street, Delhi and the property at Roll #49200902000, excepting the allowance for the fire hydrant, if necessary, be declared surplus to municipal needs; AND THAT Council authorizes a single source supply as outlined in Norfolk County Purchasing Policy CS-02, Section 4.8.4 to allow the real estate brokerage firm of Cushman and Wakefield for the marketing and sale of the properties; AND FURTHER THAT the net proceeds up to $406,000 from the sale of the property be transferred to the Contingency Reserve and any residual balance be transferred to the Property Management Reserve.

THAT By-law 2022-17 Being a By-law to Confirm the Proceedings of the Council of Norfolk County at this Regular Council Meeting held on the 15th Day of February 2022, be approved, signed by the Mayor and Clerk and affixed with the Corporate Seal.

THAT Council be adjourned at 4:24 pm.