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Correspondence Agenda - 2020/09/03 The Corporation of the Township of Malahide CORRESPONDENCE AGENDA September 3,2020 7:30 p.m. (F) Correspondence: 1. Association of Municipalities of Ontario - Watch File dated August 13, 20, and 27, 2020. (Pages C3 - 9) 2. Town of Amherstburg, City of Elliot Lake, Township of Huron-Kinloss, City of Owen Sound, Town of Fort Erie Resolution requesting support for the (Pages C10 - 18) 3. Municipality of West Grey Resolution undertaking to actively work towards anti-racism and anti-oppression at every opportunity beginning with annual training for Council, Committee Members, and Employees for anti-racism, anti-oppression, diversity and inclusion, and the history of Aboriginal peoples. (Page C19 - 20) 4. City of St. Catharines Resolution to support the City of Toronto in legal challenges of Amendments made under Bill 184, Section 83, relating to evictions. (Pages C21 - 22) 5. Township of Huron-Kinloss Resolution supporting Township of Mapleton requesting Province to undertake a review of the Farm Property Tax Class Rate Program. (Pages C23 - 24) 6. Town of Gore Bay Resolution requesting Ontario Government to provide funding to increase full-time positions in place of casual and part time labour in long term care homes and complete regular inspections. (Malahide Township supported a similar Resolution on August 13, 2020.) (Page C25 - 26) 7. Town of Gore Bay Resolution supporting the City of Oshawa requesting help for local municipalities to assist their local social cultural, service clubs and children/youth minor sporting organizations with funding programs because of detrimental effects of COVID 19. (Pages C27 - 28) 8. Town of Mono Correspondence regarding Investment in Rural Broadband Infrastructure. (Malahide Township Council supported the Investment in Rural Broadband Infrastructure at its meeting on July 9, 2020). (Page C29 - 30) 9. Port Bruce Ratepayers Association Correspondence thanking the Township of Malahide for supporting their community. (Page C31) 10. Ministry of Transportation Safety Program Development Branch Correspondence setting up new regulatory framework which sets out rules to govern school bus stop arm camera programs. (Pages C32 - 34) 11. Elgin County Land Division Committee correspondence regarding the following severance applications: E22-20 David and Jaqueline Fehr relating to property at 53250 College Line deferral to September 23, 2020. (Page C35) E15-20 Kenneth, Mary and Anthony Stover relating to property at 52371 Calton Line expiration of appeal period. (Page C36) E11-20 Bill Reymer relating to property at 140 Elk Street and 49639 Talbot Line expiration of appeal period. (Page C37) E23-20 Dohner Farm Ltd. relating to property at 53233 Nova Scotia Line Notice of Decision. (Pages C38 - 40) 3 4 Land Use Planning: Beyond the Basics 5 6 7 Land Use Planning: Beyond the Basics 8 Land Use Planning: Beyond the Basics 9 10 August 14, 2020 VIA EMAIL Chris Lewis, Member of Parliament House of Commons Ottawa, Ontario, Canada K1A 0A6 Chris.Lewis@parl.gc.ca Dear Mr. Lewis: RE: Support for Private Member’s Bill M-36 – Emancipation Day th At its meeting of August 10, 2020, Council passed the following resolution for your consideration: “That Administration BE DIRECTED to send correspondence in support of the City of Owen Sound’s resolution regarding Emancipation Day and that the House of Commons recognizes that: a. The British Parliament abolished slavery in the British Empire as of August 1, 1834; b. Slavery existed in the British North America prior to the abolition in 1834; c. Abolitionists and others who struggled against slavery, including those who arrived in Upper and Lower Canada by the Underground Railroad, have historically celebrated August 1st as Emancipation; d. The Government of Canada announced on January 30, 2018 that it would officially recognize the United Nations International Decade for people of African Descent to highlight the important contributions that people of African descent have made to Canadian society, and to provide a platform for confronting anti-Black racism; and, e. The heritage of Canada's peoples of African descent and the contributions they have made and continue to make to Canada and in the opinion of the House, the Government should designate August 1 of every year as "Emancipation Day" in Canada.” Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519) 736-0012 Fax: (519) 736-5403 TTY: (519)736-9860 11 Enclosed is a copy of the City of Owen Sound’s resolution for convenience and reference purposes. Regards, Tammy Fowkes Deputy Clerk, Town of Amherstburg (519) 736-0012 ext. 2216 tfowkes@amherstburg.ca Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519) 736-0012 Fax: (519) 736-5403 TTY: (519)736-9860 12 cc: Taras Natyshak, MPP Email:tnayshak-qp@ndp.on.ca Robert Auger, Town Solicitor, Legal and Legislative Services/Clerk - Town of Essex Email:rauger@essex.ca Jennifer Astrologo, Director of Corporate Services/Clerk - Town of Kingsville Email:jastrologo@kingsville.ca Agatha Robertson, Director of Council Services/Clerk - Town of LaSalle Email:arobertson@lasalle.ca Kristen Newman, Director of Legislative and Legal Services/Clerk - Town of Lakeshore Email:knewman@lakeshore.ca Brenda Percy, Municipal Clerk/Manager of Legislative Services - Municipality of Leamington Email:bpercy@leamington.ca Laura Moy, Director of Corporate Services/Clerk - Town of Tecumseh Email:lmoy@tecumseh.ca Mary Birch, Director of Council and Community Services/Clerk -County of Essex Email:mbirch@countyofessex.ca Valerie Critchley, City Clerk – City of Windsor Email:clerks@citywindsor.ca Association of Municipalities of Ontario (AMO) Email:amo@amo.on.ca Jamie Eckenswiller, Deputy Clerk City of Owen Sound Email:jeckenswiller@owensound.ca All Ontario Municipalities Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519) 736-0012 Fax: (519) 736-5403 TTY: (519)736-9860 13 THE CORPORATION OF THE CITY OF ELLIOT LAKE CERTIFIED TRUE COPY Moved By: T. Turner Seconded By: L. Cyr THAT the City of Elliot Lake Council acknowledges and supports the following Private Member Bill put forward by Majid Jowhari: M-36, Emancipation Day, 43rd Parliament, 1 Session that reads as follows: "THAT the House recognizes that: The British Parliament abolished slavery in the British Empire as of August 1, 1834; Slavery existed in the British North America prior to the abolition in 1834; Abolitionists and others who struggled against slavery, including those who arrived in Upper and Lower Canada by the Underground Railroad, have historically celebrated August 1st as Emancipation; The Government of Canada announced on January 30, 2018 that it would officially recognize the United Nations International Decade for people of African Descent to highlight important contributions that people of African descent have made to Canadian society, and to provide a platform for confronting anti-Black racism; The heritage of Canada's peoples of African descent and the contributions they have made and continue to make to Canada and in the opinion of the House, the Government should designate August 1 of every year as "Emancipation Day" in Canada; and THAT support for this motion be sent to the Member of Parliament for Algoma and all House of Commons representatives; and THAT support for this motion be sent to all municipalities in Ontario. Resolution No. 249/20 Carried Mayor Dan Marchisella Certified True Copy. ____________________________ City Clerk August 14, 2020 14 Municipality of Chatham-Kent Judy Smith, Director of Municipal Governance August 28, 2020 Clerk, Freedom of Information Coordinator 315 King Street West, P.O. Box 640 Chatham ON N7M 5K8 Dear Ms. Smith; Re: Copy of Resolution #511 Motion No. 511 Moved by: Jeff ElliottSeconded by: Lillian Abbott That the Township of Huron-Kinloss Council is in supportof designating August1 of every year as Emancipation Day in Canada and FURTHER direct staff to forward a copy of theresolutiontoChatham-KentandallOntariomunicipalities. Carried Sincerely, Kelly Lush Deputy Clerk c.c Mr. Justin Trudeau, The Right Honourable Prime Minister of Canada, Mr. Douglas Ford, The Honourable Premier of Canada and all Ontario Municipalities. Jamie Eckenswiller,DeputyClerkTelephone: (519) 376-4440ext. 1235 15 City of Owen SoundFacsimile: (519) 371-0511 808 2nd Ave EastE-mail: jeckenswiller@owensound.ca Owen SoundON N4K 2H4Website: www.owensound.ca July 31, 2020 Alex Ruff, Member of Parliament Bruce – Grey – Owen Sound nd 1102 2Avenue East, Suite 208 Owen Sound, ON N4K 2J1 Dear Mr. Ruff: Re: Support for Private Member’sBill M-36 – Emancipation Day At its Regular meeting held on July 27, 2020, the Council of the Corporation of the City of Owen Sound considered the above noted matter and passed Resolution No. R-200727-023as follows: R-200727-023 "THAT Owen Sound City Council acknowledges and supports the following Private Members Bill put forward by Majid Jowhari: M-36, Emancipation Day, 43rd Parliament, 1st Session that reads as follows: "THAT the House recognizes that: a.The British Parliamentabolished slavery in the British Empire as of August 1, 1834; b.Slavery existed in the British North America prior to the abolition in 1834; c.Abolitionists and others who struggled against slavery, including those who arrived in Upper and Lower Canada by the Underground Railroad, have historically celebrated August 1st as Emancipation; d.The Government of Canada announced on January 30, 2018 that it would officially recognize the United Nations International Decade for people of African Descent to highlightthe important contributions that people of African descent have made to Canadian society, and to provide a platform for confronting anti-Black racism; e.The heritage of Canada's peoples of African descent and the contributions they have made and continue to make to Canada and in the opinion of the House, the Government should designate August 1 of every year as "Emancipation Day" in Canada."; and 16 THAT support for this motion be sent to the Member of Parliament for Bruce- Grey-Owen Sound and all House of Commons representatives; and THAT support for this motion be sent to all municipalities in Ontario." If you have any questions or concerns, please do not hesitate to contact me. Sincerely, JamieEckenswiller, AMP Deputy Clerk City of Owen Sound cc.All Members of the House of Commons All Ontario Municipalities 17 18 19 Municipality of West Grey 402813 Grey County Rd 4 Durham, ON N0G 1R0 Re: Anti-racism resolution Please be advised the council of the Municipality of West Grey at its regular meeting held on July 7, 2020 passed the following resolution: Whereas West Grey council condemns the unjust treatment, oppression, and racism against those who identify as black, indigenous, and people of colour; and Whereas council acknowledges that systemic racism exists and persists in every community and institution in Canada, including West Grey, creating social and economic disparities from education, to healthcare, to housing, to employment, and justice; and Whereas council supports the Bruce Grey Poverty Task Force belief that everyone deserves to live free of systematic oppression or racialized violence; and upon federal, provincial, territorial, and municipal governments to provide education to public servants on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and AboriginalCrown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racis Whereas council is committed to anti-racism as demonstrated in the foundation of our 2020 Vision Plan whereby we set goals to listen to our community, value diverse voices, and build partnerships; Municipality of West Grey council resolution 20 Therefore be it resolved that the Municipality of West Grey will actively work towards anti-racism and anti-oppression at every opportunity beginning with annual training for council, committee members, and employees for anti-racism, anti-oppression, diversity and inclusion, and the history of Aboriginal peoples; and Further that this resolution be circulated to media, lower tier municipalities in Grey and Bruce; Grey County; Bruce County; West Grey Public Library, West Grey Police Service, Grey Bruce Public Health Unit; Bluewater District School Board; and Bruce Grey Catholic District School Board. Lindsey Glazier Administrative Assistant, Clerks Office Copy: Ontario Municipalities West Grey Public Library West Grey Police Service Grey Bruce Public Health Unit Bluewater District School Board Bruce Grey Catholic District School Board Municipality of West Grey council resolution 21 August 17, 2020 Ulli S. Watkiss City Clerk City of Toronto 100 Queen St. W. Toronto, ON M5H 2N2 Sent via email: clerk@toronto.ca Re:Supportto the City of Toronto in their Legal Challenge of the Amendments made under Bill 184, Section 83 Our File35.2.2 Dear Ms. Watkiss, At its meeting held on August 10, 2020, St. Catharines City Council approved the following motion: WHEREAS the COVID-19 pandemic has caused much financial strain to residents of St. Catharines; and WHEREAS many residents without income supports face the reality of evictions under the July 26, 2020 amendment of Provincial Bill 184 Section 83; and WHEREAS Section 83 of Bill 184 states: If a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the ten WHEREAS the City Council of Toronto voted 22-2 in support of a legal challenge of Bill 184 Section 83; THEREFORE BE IT RESOLVED that the City of St. Catharines, City Council show support to the City of Toronto in their legal challenge of the amendments made under Bill 184, Section 83; and 22 BE IT FURTHER RESOLVED that this resolution be provided to the Premier's Office; the Honourable Steve Clark, Minister of Municipal Affairs and Housing; and Niagara MPPs and MPs; and BE IT FURTHER RESOLVED that a copy of this resolution be circulated to all Ontario municipalities requesting their support. If you have any questions, please contact the Office of the City Clerk at extension 1524. Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk :em Cc. Premier Doug Ford, doug.fordco@pc.ola.org Honourable Steve Clark, Minister of Municipal Affairs and Housing, steve.clark@pc.ola.org Chris Bittle, MP - St. Catharines, Chris.Bittle@parl.gc.ca Dean Allison, MP - Niagara West, Dean.Allison@parl.gc.ca Vance Badawey, MP - Niagara Centre, Vance.Badawey@parl.gc.ca Tony Baldinelli, MP - Niagara Falls, Tony.Baldinelli@parl.gc.ca Jennifer Stevens, MPP - St. Catharines, JStevens-CO@ndp.on.ca Jeff Burch, MPP - Niagara Centre, JBurch-QP@ndp.on.ca Wayne Gates, MPP - Niagara Falls, wgates-co@ndp.on.ca Sam Oosterhoff, MPP - Niagara West-Glanbrook, sam.oosterhoff@pc.ola.org Ontario Municipalities 23 Honourable Doug Ford, Premier of Ontario,August 17, 2020 Queen’s Park Legislative Building 1 Queen’s Park, Room 281 Toronto, ON M7A 1A1 Dear Honourable Doug Ford; Re: Copy of Resolution #485 Motion No. 485 Moved by: Don Murray Seconded by: Carl Sloetjes THAT the Township of Huron-Kinloss hereby support the Council of the Township of Mapletonin their request that: The Province of Ontario undertake areview of the Farm Property Tax Class Rate Program to determine: a. The appropriateness of the cost of the Farm Property Tax Class Rate Program falling disproportionately amongst rural residential and business property owners when the benefit of an economically competitive agricultural industry and affordable food and agricultural products is a provincial objective that should be shared amongst all taxpayers in Ontario; b. The adequacy of funding being provided to rural municipalities to offset the cost of the Farm Property Tax Class Rate Program; c. The differences between the amount of property taxes paid in rural and urban municipalities and the root causes of those differences; d. Economic competitiveness concerns with disproportionately higher average property taxes being paid in rural municipalities; e. Other methods of delivering the farm tax rebate program to farmland owners where the cost can be shared province wide 24 Sincerely, Kelly Lush Deputy Clerk c.c Honourable Steve Clark, Minister of Municipal Affairs and Housing, Honourable Rod Phillips, Minister of Finance, Honourable Ernie Hardeman, Minister of Agriculture, Food & Rural Affairs, MPP Randy Pettapiece, Honourable Ted Arnott, all Ontario Municipalities, Rural Ontario Municipal Association (ROMA) and Association of Municipalities of Ontario (AMO). 25 26 27 28 29 30 31 August 10, 2020 Dear Mr. Mayor, Dave Mennill, Deputy Mayor, Dominique Giguere and Ward 4 Councilman Scott Lewis, The Port Bruce Ratepayers Association on behalf of the residents of Port Bruce would like to take this opportunity to thank you and your staff for supportand assistance over the past 2 years. The loss of our bridge in 2018 caused many hardships for us and for the businesses in our village. We are grateful that you acted on our behalf in such a timely manner. The temporary bridge has alleviated many of the problems and businesses are, for the most part, up and running as traffic flows more efficiently. We thank you too, for your assistance in procuring the funding provided through the Federal and Provincial governments and for facilitating the many aspects of building a new, permanent bridge. Now with construction well underway, we are looking forward to have our new bridge completed by year's end. We would be remiss not to acknowledge as well, the pier restoration and breakwater rebuild and we thank council for their efforts in expediting this project. It has been a challenging period of time with weather issues and a pandemic to deal with but progress continues and our community will surely benefit with a safer bridge and an attractive, safer harbour. Again, many thanks, The Port Bruce Ratepayers Association 32 Ministry of TransportationMinistère des Transports Safety Program Development BranchDirection de l'élaboration des 87Sir William Hearst Avenue,Room 212programmes de sécurité Toronto, Ontario M3M 0B487, avenue Sir William Hearst, bureau 212 Toronto, OntarioM3M 0B4 th August, 2020 DearStakeholder, Iampleased to announcethatasofSeptember1,2020theprovincewillbeintroducinganew regulatoryframeworkwhichsetsoutevidentiaryrulestogovernschoolbusstoparmcamera programs. Municipalities who chooseto implement schoolbusstoparmcameraprogramswill beable to useevidencefromcamerasystemsin court withoutrequiringawitnesstointroduce thatevidence. The regulation can befoundatthefollowinghyperlink:Ontario Regulation 424/20:SchoolBus Cameras Therules under theProvincial Offences Actfor school bus stop arm camera programs will mirror those currently in place for automated speed enforcement and red-light camera programs. In support of municipalities interested in setting up school bus stop arm camera programsin their regions, the ministry has developed the attachedguidancedocument. This document providesrelevant information to assistmunicipalitiesindevelopingschool bus stop-arm camera programs.The Ministry also encouragesparticipating municipalities to engage in public outreach and education when enacting school bus stop-arm cameraprograms to maximize safety benefits. The Ministry asksthat you please bring thisnotice and attachedguidance materialto the attention of municipal staffresponsible for traffic safety.If there are any questions regarding these amendments, please do not hesitate to contact the Acting Managerat the Safety Program Development OfficeErik Thomsenat (647)-638-5210or erik.thomsen@ontario.ca. Thank you for your assistance in communicating this changeand for your ongoing efforts to helpimprove the safety of students travelling on school buses. Sincerely, Angela Litrenta A/Director Safety Program Development Branch Ministry of Transportation Attachment Municipal Guidance Materials 33 Municipalities are responsible for all aspects of school bus stop arm camera program administration and are subject to all relevant rules and procedures included in the Highway Traffic Act (HTA), Provincial Offences Act (POA) and associated regulations. Additionally, municipalities are responsible for complying with all privacy and data retention rules outlined in the Municipal Freedom of Information and Protection of Privacy Act. The Ministry of Transportation (MTO) has drafted these guidelines to support municipalities in developing safety-oriented school bus stop arm camera programs in their communities by providing information on relevant legislative requirement, processes and responsibilities. Municipalities are responsible for ensuring that school bus stop arm camera programs are implemented transparently and for the express purpose of promoting road safety, while maintaining public trust. Regulatory Framework Effective September 1, 2020, the school bus stopping law has been expanded so that the extension of the school bus stop arm becomes an element of the offence. This change makes it illegal for drivers to pass a stopped school bus that lights are activated. This change makes it easier for provincial offences officers to make certified statements about the camera and for Crown prosecutors to demonstrate that an offence has occurred using camera technology. The prosecution of school bus camera offences will no longer require the introduction of evidence by a supporting witness. With this new program, municipalities will continue to have the choice as to whether they would like to set up a school bus stop arm camera program in their municipality. Some examples of other evidentiary requirements include: State that the system used to take the photograph was an automated school bus stop arm camera system as per the regulation; Set out the manufacturer's name and the model number of the automated school bus stop arm camera system used to take the photograph; and State the name of the municipality in which the school bus was located when the photograph was taken. For a full list of evidentiary requirements, please consult the HTA and its relevant school bus stop arm camera regulations, along with the Part 1 orms. General Operating Considerations Municipalities should comply with existing privacy rules in the Municipal Freedom of Information and Protection of Privacy Act for storing and transferring sensitive information. MTO recommends that municipalities undertake a privacy assessment before launching a school bus stop arm camera program. The camera technology chosen will need to be able to capture all elements of the offence such as the stop arm being actuated while the bus is passed by a motor vehicle that has a clearly visible number plate, etc. and comply with all requirements set out in the future school bus stop arm camera regulation. Video at a minimum of 10fps, or an equivalent for a series of photographs that are taken in very quick succession, is a requirement. Please consult the HTA and its relevant school bus stop arm camera regulations, along with the Part 1 orms, prior to setting up your school bus stop arm camera program. Sections 175 (19) and 175 (20) of the HTA set out the penalties for the owner-based offences for passing/overtaking a school bus. Under a school bus stop arm camera program, the penalties for these owner liability offences remain unchanged. The set fine for these offence(s) is $400 with a maximum penalty of $2,000. Also, being that these are owner-based offences, demerit points and licence suspensions are not imposed upon conviction. Those drivers convicted of a school bus passing offence may be subject to licence plate denial if they default on the fines. Signage will be uniform across the province, signage requirements will be outlined as part of the plate registrant data access agreement. 34 Research demonstrates that public awareness of automated enforcement programs like school bus stop arm cameras, automated speed enforcement cameras, and red-light cameras, is an important element in their success. Municipalities should consider developing a communication/public education plan to inform the public about their school bus stop arm camera programs. Communications and public education activities, which might take the form of websites, question and answer resources, social marketing and social media its operation. Under POA section 3(2), only a designated provincial offences officer may issue an offence notice. speed enforcement program, provincial offences officers will be responsible for reviewing evidence collected by school bus cameras, certifying this evidence and issuing an offence notice by mail, based on vehicle owner address data supplied by the Ministry. Provincial offences officers are responsible for a range of activities as part of charging and prosecution processes, including: Reviewing evidence (video or photographic) and forming a belief that an offence was committed; Certifying the accuracy of that evidence; Making a request to MTO for plate registrant information to determine vehicle owner address information; Issuing and mailing POA offence notices with a set of images/video of the offence occurring; In cases where the charge is disputed, the provincial offences officer will request MTO provide a certified copy of the plate holder information as evidence. Participating municipalities will be required to enter into a data access agreement with MTO for the purposes of accessing licence plate registrant information. Access to the data for this purpose is restricted to persons who have been designated as a provincial offences officer by the ministry. This data access agreement will set out the terms, conditions and audit requirements which municipalities must adhere to, including confidentiality clauses that restrict disclosure of licence plate registrant data to only authorized users. For specific questions about the agreement with the ministry, please contact Luc.Spina@ontario.ca. Subsection 1(3) of the POA provides the authority for the appointment of provincial offences officers. MTO will coordinate with municipalities so that the required documentation required to designate these officers can be prepared and approved. to who can be appointed as a provincial offences officer under the POA. Under this policy only municipal employees and police offices can receive designation and thus lay charges under automated enforcement programs. Prior to issuing offence notices municipalities should ensure the POA officer is sufficiently trained so that they can make all the certified statements necessary for the certificate of offence. The Ministry recognizes that some municipalities may choose to set up their own school bus stop arm camera programs with independent evidence processing, while others may choose to adopt a joint processing approach, similar to the automated restrict municipalities in joint or independent evidence processing. Municipalities that issue school bus camera offencesmust request a series of ticket numbers. Ticket numbers will be issued by the POA Unit, Ministry of the Attorney General and should be included as part of the charging document that is filed with their local Provincial Offences court. Ministry of Transportation | Safety Program DevelopmentBranch | (416) 235-3585| SPEB@Ontario.ca 35 36 37 38 39 40