Regular Council Meeting

Council move into closed session in Council Chambers at 4:40 PM in accordance with: a. Paragraph 239(3.1) of the Municipal Act, 2001 for the purpose of educating and training members in relation to media relations. 2 b. Paragraph 239(2)(e), (f) and (k) of the Municipal Act, 2001 to discuss litigation or potential litigation, including matters before administrative tribunals, affecting the municipality, advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and a position, plan, procedure, criteria or instruction to be applied to any negotiations

Approve Zoning By-law Amendment Application ZBA-22-2021 (Zoning By- law 2-2012, as amended), to rezone the lands known legally as , Part N1/2 Lot 21 Concession 8 Tilbury; Part Lot 22 Concession 8 Tilbury as in R1248644, and municipally as 8225 Essex Kent Rd, from “Agriculture (A)” to “Agriculture Zone Exception 1 (A-1)” zone (Indicated on the Key Map, Attachment 1), in the Municipality of Lakeshore; and Direct the Clerk to read By-law 12-2023 during the Consideration of By- laws, all as presented at the February 14, 2023 Council meeting.

Approve Zoning By-law Amendment Application ZBA-03-2023 (By-law 8- 2023, Lakeshore By-law 2-2012, as amended), to permit air conditioning units and heat pumps in the interior side yard; remove reference to “free standing” air conditioning units and heat pumps; require air conditioning units, heat pumps, and small-scale generating systems to be located no closer to municipal drains than the setback requirements that apply to buildings and structures; revise encroachment permissions for small-scale generating systems by requiring a minimum 1.2 metre setback from rear 4 and interior side lot lines; introduce a penalty section necessary to conduct enforcement, and; restore the previous Hamlet Commercial Exception 9 Zone (HC-9) affecting 2730 County Road 42 which did not permit transport trailers to be used for storage on the property. In Favour (7): Mayor Bailey, Deputy Mayor Walstedt, Councillor McNamara, Councillor Santarossa, Councillor Kerr, Councillor Ruston, and Councillor Vogler Opposed (1): Councillor Byrne

Direct Administration to prepare changes to the draft Greenhouse Official Plan Amendment and Zoning By-law Amendment, where applicable, to: 1. change the term from Large Scale Greenhouse Farms to Commercial Greenhouse and to reduce the size specification in the definition; 2. to include 1000 metre setbacks from all secondary settlement areas; 3. to include 550 metre setbacks from residential properties; 4. to include a setback from the observatory of 5,000 metres; 5. to include a setback from the Town of Essex settlement boundaries and Tilbury settlement boundaries; 6. to revise subsection 6.2.1(h) paragraph 12 to permit temporary stockpiling only; 7. to introduce more restrictive language regarding odour emission from the property; 8. Add determination of community impacts on Lakeshore to draft official plan amendment paragraph 6.2.1(h)(i)(c); 9. Include provisions prohibiting light escape from commercial greenhouses.

Direct Administration to bring a report describing the scope and estimated cost of a study to consider designating a Greenhouse Facility “Business Park”.

Approve minutes of the previous meetings and receive correspondence as listed on the Consent Agenda. 1. January 10, 2023 Regular Council Meeting Minutes 2. January 30, 2023 Regular Council Meeting Minutes (2023 Budget Deliberations) 3. City of Kitchener - Bill 23, More Homes Built Faster Act, 2022 4. Essex Region Conservation - Source Protection Committee 5. Township of Lanark Highlands - Violence Against Women 6. Township of Montague - Renfrew Inquest Support 7. Township of Montague - World Thinking Day 8. Town of Halton Hills - Repeal Bill 23 - The Build More Homes Faster Act 9. County of Huron - Review of Cannabis Act 10. City of Brantford - VIA Rail Cancellation 11. Caldwell First Nation - IESO Expedited Procurement Process – Municipal Support Resolutions

Receive the Reports for Information as listed on the agenda. 1. DWQMS Management Review Meeting 2. Quarterly Building Activity Report – 2022 Q4 3. 2022 Site Plan Agreements Executed 7 4. Private Roadways – Assumption of Private Roads Policy and Operations Strategy

Whereas the Proponent, Liberty Power, is proposing to construct and operate a Long-Term Reliability Project Comber BESS Project at the Project Site which is located on the Subject Lands described as: i. Part of the North Half of Lot 1, Concession South Middle Road, Tilbury, designated as Part 2 on Plan 12R14411, except Parts 1 & 2 on Plan 12R19244; together with R561694; subject to TW16736; Lakeshore, being all of the Property Identifier Number 75060- 0062(LT); and ii. Part of the North Half of Lot 1, Concession South Middle Road, Tilbury, designated as Parts 3 to 5 on Plan 12R14411; together with R561694; subject to R472988, TW16466 and TW16736; Lakeshore, being all of the Property Identifier Number 75060- 0063(LT); in the Municipality of Lakeshore, in accordance with the Independent Electricity System Operator’s (IESO) E-LT1 and LT1 Request for Proposals process; And whereas the Long-Term Reliability Project will use the Technology which is Lithium-Ion Battery Energy Storage and the Project is expected to have a Maximum Contract Capacity of 250 MW; And whereas it is the Municipality of Lakeshore’s understanding that Long- Term Reliability Project proposals that receive the formal support of the local jurisdictional authorities of all the project communities in which the Long-Term Reliability Project is located in the form of a support resolution will be awarded rated criteria points for the purpose of ranking the proposal in relation to other proposals for a contract under

Whereas the Proponent, Southwest Energy Storage LP, is proposing to construct and operate a Long-Term Reliability Project, Southwest Energy Storage Project, at the Project Site which is located on the Subject Lands described as: i. Lot 15, Concession North Middle Road, Rochester; Part of Lots 14 & 16 Concession North Middle Road as in R1376883 (Secondly, Fourthly) surface rights only; Lakeshore, subject to interest as in R1376883, being all of the Property Identifier Number 75055- 0086(LT); and 9 ii. Lot 15 North Middle Road and Part of Lots 14 & 16 North Middle Road, Rochester as in R1376883 (Secondly, Thirdly, Fourthly) Lakeshore, mining rights only, save and except parts taken for highway widening as on Plans 130011 and 309003, being all of the Property Identifier Number 75055-0087(LT); in the Municipality of Lakeshore, in accordance with the Independent Electricity System Operator’s (IESO) E-LT1 and LT1 Request for Proposals process; And whereas the Long-Term Reliability Project will use the Technology which is Lithium-Ion Battery Energy Storage and the Project is expected to have a Maximum Contract Capacity of 200 MW; And whereas it is the Municipality of Lakeshore’s understanding that Long- Term Reliability Project proposals that receive the formal support of the local jurisdictional authorities of all the project communities in which the Long-Term Reliability Project is located in the form of a support resolution will be awarded rated criteria points for the purpose of

Whereas the Proponent, Liberty Power, is proposing to construct and operate a Long-Term Reliability Project, Tilbury BESS, at the Project Site which is located on the Subject Lands described as: i. Part of Lot 22, Concession 2, Tilbury, designated as Part 1 on Plan 12R5575 and Parts 1 to 11 on Plan 12R4334; subject to R426352, TN9054; Lakeshore, being all of the Property Identifier Number 75074-0174(LT); in the Municipality of Lakeshore, in accordance with the Independent Electricity System Operator’s (IESO) E-LT1 and LT1 Request for Proposals process; And whereas the Long-Term Reliability Project will use the Technology which is Lithium-Ion Battery Energy Storage and the Project is expected to have a Maximum Contract Capacity of 70 MW; And whereas it is the Municipality of Lakeshore’s understanding that Long- Term Reliability Project proposals that receive the formal support of the local jurisdictional authorities of all the project communities in which the Long-Term Reliability Project is located in the form of a support resolution will be awarded rated criteria points for the purpose of ranking the proposal in relation to other proposals for a contract under the E-LT1 RFP and LT1 RFP; Now therefore the Council of the Municipality of Lakeshore resolves that: The Municipality of Lakeshore supports the development, construction and operation of the Long-Term Reliability Project on the Subject Lands; As per the criteria introduced in the Notice of Motion, Council supports Comb

Whereas the Proponent, Rochester Townline Project Ltd., is proposing to construct and operate a Long-Term Reliability Project, Rochester Townline Energy Storage Project, at the Project Site which is located on the Subject Lands described as: i. Part of Lot 16, Concession North Middle Road, Rochester; Part of the South Half of Lot 17, Concession North Middle Road, Rochester; Part of the North Part of Lot 17, Concession North Middle Road, Rochester as in R833270; Lakeshore, subject to an easement in gross over Part 1 Plan 12R24825 as in CE523970, being all of the Property Identifier Number 75055-0040(LT); in the Municipality of Lakeshore, in accordance with the Independent Electricity System Operator’s (IESO) E-LT1 and LT1 Request for Proposals process; And whereas the Long-Term Reliability Project will use the Technology which is Lithium-Ion Battery Energy Storage and the Project is expected to have a Maximum Contract Capacity of 300 MW; 12 And whereas it is the Municipality of Lakeshore’s understanding that Long- Term Reliability Project proposals that receive the formal support of the local jurisdictional authorities of all the project communities in which the Long-Term Reliability Project is located in the form of a support resolution will be awarded rated criteria points for the purpose of ranking the proposal in relation to other proposals for a contract under the E-LT1 RFP and LT1 RFP; Now therefore the Council of the Municipality of Lakeshore resolves that: The Municipa

Award the tender for the bridges over the Malden Road project to Shepley Excavating Limited in the amount of $99,724.80 (including applicable HST), as presented at the February 14, 2023 Council meeting.

Award the tender for Professional Consulting Services to undertake the detailed design for the Lakeview Park, Marina, Pier & West Beach Upgrades to Seferian Design Group Limited for a total project cost of $608,585.86, including applicable HST, and approve an additional $130,697.86 to be funded from the parks reserve fund, as presented at the February 14, 2023 Council meeting. In Favour (3): Councillor McNamara, Councillor Santarossa, and Councillor Kerr Opposed (5): Mayor Bailey, Deputy Mayor Walstedt, Councillor Byrne, Councillor Ruston, and Councillor Vogler

Approve entering into a revised National Site Licence Agreement with TELUS Communication Inc. to allow for the existing communications tower to remain at 592 St. Charles Street in Belle River, as presented at the February 14, 2023 Council meeting; and that the necessary by-laws be prepared.

Direct the Clerk to read By-law 18-2023, being a By-law to Amend By-law 94-2017 being a Comprehensive By-law to Provide Rules Governing the Proceedings of the Council of the Town of Lakeshore and the Conduct of its Members, to amend the provisions of the by-law to enable electronic voting by Council Members and clarify the by-law in relation to hybrid meetings, as further described in the report presented at the February 14, 2023 Council meeting.

Direct the Clerk to read By-Law 9-2023, adopting the 2023 Budget Estimates, during the Consideration of By-laws; and Direct Administration to publish the 2023 Budget Book.

Appoint the following individuals to the vacant positions on Lakeshore boards and committees for the term of Council or for a term specified in the enabling legislation for appointments, where applicable: Accessibility Advisory Committee - Thomas Jaeger and Michelle Sprague-Keane Drainage Board - Ron Barrette, Maurice Janisse and Horst Schmidt 15 Hearing Committee - Ron Barrette and Robert Sylvestre

By-laws 9-2023, 10-2023, 12-2023, 15-2023 and 18-2023 be read and passed in open session on February 14, 2023.

By-law 8-2023 be read and passed in open session on February 14, 2023. In Favour (7): Mayor Bailey, Deputy Mayor Walstedt, Councillor McNamara, Councillor Santarossa, Councillor Kerr, Councillor Ruston, and Councillor Vogler Opposed (1): Councillor Byrne

Council adjourn its meeting at 8:52 PM.