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Regular Council Minutes - 2020/01/09Kim The Corporation of the Township of Malahide January 9, 2020 — 7:30 p.m. The Malahide Township Council met in the Council Chambers located in the Springfield & 4D Area Community Service Building, at 51221 Ron McNeil Line, Springfield, at 7:30 p.m. with the following present: Council: Deputy Mayor D. Giguere, Councillor M. Widner, Councillor M. Moore, Councillor R. Cerna, and Councillor C. Glinski. Staff: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Financial Services A. Mohile, Director of Development and Community Services E. DiMeo, Director of Fire and Emergency Services B. Smith, Director of Physical Services M. Sweetland, and Deputy Clerk D. Wilson. Absent with regret: Mayor D. Mennill and Councillor S. Lewis. Deputy Mayor Giguere took the Chair and called the meeting to order at 7:30 p.m. Deputy Mayor Giguere requested a moment of silence to acknowledge the 176 innocent lives that were taken in the crash of the Ukrainian Airline Flight 752 on January 8, 2020. She expressed condolences to everyone affected by this tragedy. DISCLOSURE OF PECUNIARY INTEREST and the General Nature thereof: Councillor Widner disclosed a pecuniary interest with respect to Council Agenda Item (D)(ii) regarding Report No. PS-20-01 entitled "Re -appointment of Drainage Engineers — Various Drains". The nature of the conflict being that a Junior Partner at Spriet Associates is an immediate relative of his. MINUTES: No. 20-01 Moved by: Max Moore Seconded by: Rick Cerna THAT the minutes of the regular meeting of the Council held on December 19, 2019 be adopted as printed and circulated. Carried. PRESENTATIONS/DELEGATIONS/PETITIONS: THAT the Committee of Adjustment for the Township of Malahide be called to order at 7:32 p.m. and that Deputy Mayor Dominique Giguere be appointed Chairperson for the "Committee of Adjustment". Carried. Chair Giguere advised that the purpose of this Public Meeting is to consider an application for a Minor Variance, as submitted by Hank Goris Farms Limited. Chair Giguere requested the Director of Development and Community Services to provide an overview of the application and the Director advised the purpose and effect of this variance is to grant relief from the Large Lot Agricultural (A3) Zone and applicable regulations in the Township of Malahide Zoning By-law No. 18-22 pertaining to minimum separation distances required between new single unit dwellings and livestock buildings and structures, including manure storages, located on a separate lot. Under Section 5.3.6 of the Zoning By-law, the Minimum Distance Separation Formula I (MDS 1) applies to the erection of any new single unit dwelling. The proposed variance will permit the construction of a new single unit dwelling on the subject lands to be situated no closer than 415 metres (1,362 ft) from a manure storage associated with a livestock operation located on a lot to the southwest, whereas a minimum setback distance of 462 metres (1,516 ft) is required based on the MDS I calculations provided. Chair Giguere asked the Applicant and/or their agent to provide any additional Information and there were none. Chair Giguere asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that no comments were received. Chair Giguere asked if any person in attendance wished to make any comments regarding the application and there were none. Chair Giguere inquired if any Committee Members had any questions regarding the application. Councillor Widner questioned whether this variance would have future effects on neighbouring properties. The Director of Development and Community Services advised that the change requested would not inhibit how the properties are currently being used but it may affect future changes which would be considered at that time. Chair Giguere advised that the Committee will consider all comments received when making its final decision on the application. No. 20-03 Moved by: Mark Widner Seconded by: Max Moore THAT Report No. DCS-20-01 entitled "Minor Variance Review — 50928 Lyons Line" be received; AND THAT, notwithstanding that 5.3.6 of Zoning By-law No. 18-22 pertaining to minimum separation distances required between single unit dwellings and livestock buildings and structures, including manure storages, located on a separate lot, the Minor Variance Application of Hank Goris Farms Limited relating to the property located at 50928 Lyons Line, to allow relief to construct a new single unit dwelling on the subject lands to be situated no closer than 415 metres (1,362 feet) from a manure storage associated with a livestock operation located on a lot to the southwest, be granted. Carried. No. 20-04 Moved by: Rick Cerna Seconded by: Chester Glinski THAT the Committee of Adjustment for the the Council meeting reconvene at 7:38 p.m. Carried. Township of Malahide be adjourned and 20-3 Public Meeting — Official Plan Amendment as submitted by 2660711 Ontario Inc. relating to property at Part Lot 87, Concession North Talbot Road, Geographic Township of Malahide. No. 20-05 Moved by: Mark Widner Seconded by: Rick Cerna THAT the Public Meeting concerning the Official Plan Amendment Application of 2660711 Ontario Inc. relating to the property located at Lot 87, Concession North Talbot Road, be called to order at 7:39 p.m. Carried. Deputy Mayor Giguere advised that the purpose of this Public Meeting is to consider an application to amend the Official Plan of the subject property located at 49610 Talbot Line, being Part of Lot 87, Concession North Talbot Road, relating to the creation of a four -unit residential dwelling. Deputy Mayor Giguere asked the Deputy Clerk to advise and confirm on the method and date of notice given for this meeting. The Deputy Clerk advised that this public meeting was advertised in the Aylmer Express on December 18 and 23, 2019. In addition, affected property owners within 120 meters were sent a notice by prepaid first class mail that was posted at least twenty days prior to this meeting. Deputy Mayor Giguere requested the Director of Development and Community Services to provide an overview of the application. The Director advised that the purpose of the proposed amendment to the Official Plan is to permit residential development in the form of a four -unit residential dwelling (or four-plex) on the subject lands. The lands, which are currently vacant, comprise an area of approximately 4,006.5 square metres (0.9 acres), a frontage of approximately 37.8 metres (124 ft) and are irregular in depth. As applied for, the proposed Official Plan Amendment would permit the proposed residential development with a "Suburban Area" and on lands designated "Highway Commercial' in the Township of Malahide Official Plan. Should the Official Plan Amendment be adopted and approved, it would lead to an application for a zoning by-law amendment to change the zoning of the subject lands from Highway Commercial (HWC) to a zoning which would permit the proposed four-plex dwelling. The Deputy Mayor asked the Applicant and/or their agent to provide any additional information and there was none. Deputy Mayor Giguere asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that correspondence has been received from the following: - County of Elgin Manager of Planning setting out the conditions of the County; and - Catfish Creek Conservation Authority indicating no concerns. Deputy Mayor Giguere asked if any person in attendance wished to make any comments regarding the application and there were none. Deputy Mayor Giguere thanked those in attendance and advised that the Council will consider all comments received at a future date. No. 20-06 Moved by: Rick Cerna Seconded by: Chester Glinski THAT the Public Meeting relating to Official Plan Amendment Application of 2660711 Ontario Inc. relating to the property located at Lot 87, Concession North Talbot Road, be adjourned and the Council meeting reconvene at 7:42 p.m. Carried. NMI REPORTS: Director of Physical Services Councillor Widner declared a conflict of interest with respect to Council Agenda Item (D) (ii) relating to Spriet Associates, retired from the meeting and abstained from all discussions and voting on the matter. - Re -Appointment of Drainage Engineers — Various Drains No. 20-07 Moved by: Rick Cerna Seconded by: Max Moore THAT Report No. PS-20-01 entitled "Re -Appointment of Drainage Engineers — Various Drains" be received; AND THAT Peter Penner, P. Eng., of Cyril J. Demeyere Limited, be re -appointed to prepare an Engineer's Report for the Fuller Drain, (Township of Malahide petition); AND THAT Mike Devos, P. Eng., of Spriet Associates London Ltd. be re -appointed to prepare an Engineer's Report for the Hansebout Drain, (Underhill petition); AND THAT Andrew Gilvesy, P. Eng., of Cyril J. Demeyere Limited, be re -appointed to prepare an Engineer's Report for the Jones Drain, (Leonard Jones petition); AND THAT Peter Penner, P. Eng., of Cyril J. Demeyere Limited, be re -appointed to prepare an Engineer's Report for the Thompson Drain — Branches D & E; AND THAT Mike Devos, P. Eng., of Spriet Associates London Ltd. be re -appointed to prepare an Engineer's Report for the Woolleyville Line Drain, (Township of Malahide petition). Carried. Councillor Widner resumed his seat in the Council Chamber. - ICIP Green Stream Funding 2020 No. 20-08 Moved by: Chester Glinski Seconded by: Rick Cerna THAT Report No. PS-20-02 entitled "ICIP GREEN STREAM FUNDING 2020" be received; AND THAT the Council of The Corporation of the Township of Malahide does hereby support the ICIP Green Stream grant application for the Replacement of the Talbot Line East Watermain. Carried. - Concerns re Speeding Snow Plows in Springfield Councillor Moore indicated he had received complaints regarding the fast speed at which the Township's snow plows are travelling through Springfield. He requested the Director of Physical Services to remind the snow plow operators to slow down so that less gravel is displaced on to front lawns. Director of Financial Services Port Bruce Harbour Improvements/Pier Rehabilitation — Long Term Debt Financing No. 20-09 20-5 Moved by: Mark Widner Seconded by: Chester Glinski THAT Report No. FIN 20-01 entitled "Port Bruce Harbour Improvements / Pier Rehabilitation - Long -Term Debt Financing" be received; AND THAT the recommended draws from reserves, as detailed in this Report, to assist in financing the rehabilitation works of the Port Bruce Harbour break wall and pier be approved; AND THAT the proposed by-law for long-term debt financing by Ontario Infrastructure and Lands Corporation (OILC) be approved. Carried. CORRESPONDENCE: No. 20-10 Moved by: Rick Cerna Seconded by: Mark Widner THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated December 19, 2020. 2. City of Woodstock — Resolution supporting the ban of Single -Use Plastic Handled Shopping Bags. 3. Township of Perry — Resolution supporting the ban of Single -Use Disposable Wipes. 4. County of Simcoe and Township of Huron-Kinloss — Resolution supporting the Township of Ramara regarding Conservation Authority exit clause. 5. County of Simcoe — Resolution supporting the Township of Springwater regarding the Nottawasaga Valley Conservation Authority Levy. 6. Town of Tecumseh — Resolution regarding 911 Misdials. 7. Ministry of Children, Community and Social Services — Information regarding Ontario's Poverty Reduction Strategy including a request to complete online survey. 8. County of Elgin — Approval of Malahide Official Plan Amendment No. 17 relating to all lands designated Agricultural (MacVicar Farms Ltd.). 9. Municipality of Central Elgin — Notice of Passing of Zoning By-law Amendment relating to property at 145 George Street. Carried. OTHER BUSINESS: - Request to Schedule a Road Tour NM The Council asked the Director of Physical Services to organize a Road Tour in the near future. Councillor Widner requested that a review of Wilson Line be included to determine whether or not a "Hidden Driveway" sign and speed reductions were necessary. BY-LAWS: 0 - By-law No. 20-01 — Temporary Borrowing No. 20-11 Moved by: Max Moore Seconded by: Chester Glinski THAT By-law No. 20-01, being a By-law to authorize temporary borrowing during the fiscal year ending December 31, 2020, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 20-02 — Interim Tax Levy for 2020 No. 20-12 Moved by: Mark Widner Seconded by: Max Moore THAT By-law No. 20-02, being a By-law to provide for an interim tax levy for the year 2020, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 20-03 — 2020 Budget No. 20-13 Moved by: Rick Cerna Seconded by: Max Moore THAT By-law No. 20-03, being a By-law to authorize the 2020 Budget, be given first, second and third readings, and be properly signed and sealed. Carried. By-law No. 20-05 — Franchise Agreement with Enbridge Gas Inc. No. 20-14 Moved by: Chester Glinski Seconded by: Rick Cerna THAT By-law No. 20-05, being a By-law to authorize a Franchise Agreement with Enbridge Gas Inc., be given first and second reading. Carried. - By-law No. 20-06 — Debt Financing Agreement with Ontario Infrastructure 40 and Lands for Port Bruce Harbour Improvements/Pier Rehabilitation No. 20-15 Moved by: Rick Cerna Seconded by: Chester Glinski THAT By-law No. 20-06, being a By-law to authorize the long-term debt financing by Ontario Infrastructure and Lands Corporation for the Port Bruce Harbour Improvements/Pier Rehabilitation, be given first, second and third readings, and be properly signed and sealed. 20-7 Carried. CONFIRMATORY: Carried. ADJOURNMENT: No. 20-17 Moved by: Mark Widner Seconded by: Chester Glinski THAT the Council adjourn its meeting at 8:06 p.m. to meet again on January 23, 2020, at 7:30 p.m. Carden. D'ty Mayor — D. 6&6re Clerk — M. Casavecchia-Somers M,