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Regular Council Agenda - 2020/12/03 1 The Corporation of the Township of Malahide A G E N D A December 3, 20207:30 p.m. Malahide Community Place 12105 Whittaker Road, Springfield ** Note:Due to COVID-19 restrictions, this meeting will have limited seating capacity.The meeting will also be streamed live on YouTube.** (A)Roll Call (B)Disclosure of Pecuniary Interest (C)Approval of Previous MinutesRES 1(Pages 12 -30) (D)Presentations/Delegations/Petitions (i)Court of Revision Leonard Jones Drain relating to property at Part Lots 10 and 11, Gore Concession,Geographic Township of Malahide. RES 2-5 (ii)Court of Revision Leonard Jones Drain Extension relating to property at Part Lot 11, Gore Concession,Geographic Township of Malahide. RES 6-9 (iii)Public Meeting Rezoning Application of David and Jacqueline Fehrrelating to property at Part Lot 34, Concession 9, Geographic Township of Malahide, municipally known as 53250 CollegeLine. RES10 -12(Pages 31 -42) (iv)Public Meeting Rezoning Application of MacVicar Farms Ltd. relating to property at Part Lot 24, Concession 12, Geographic 2 Township of South Dorchester, municipally known as46634 Ron McNeilLine. RES13 -15(Pages 43 -56) (v)Public Meeting Rezoning Application of Robert, Jean,and Jason Nicholsonrelating to property at Part Lot 12, Concession 5, Geographic Township of Malahide, municipally known as49542 and 49664 John WiseLine. RES16-18(Pages 57 -66) (E)Reportsof Departments (i)Director of Fire & Emergency Services -Emergency Management Ice Breaking Services.RES 19 (Pages 67-71) (ii)Director of Public Works -Tender Award Tandem Dump Truck Complete with Winter Control Equipment.RES20(Pages 72 -74) (iii)Director of Development Services (iv)Director of FinancialServices/Treasurer (iv)CAO/Clerk -Draft Anti-idling By-law. RES21(Pages 75 -82) (F)Reports of Committees/Outside Boards (G)CorrespondenceRES22 1.Association of Municipalities of Ontario -Watch File dated November 19 and 26, 2020. (Pages C4 -10) 2.Township of HowickResolution requesting Province to consider lowering the interest rate on Tile Drain Loans to 4% and increasing the yearly loan limit to $100,000.00. (Page C11) 3.Town of Lincoln regarding illicit cannabis operations. (Pages C12 -19) 4.Township of Amarnath Resolution supporting Northumberland (Page C20) 5.Town of Fort Erie and Township of Huron-Kinloss Resolution supporting Township of Asphodel- legislation to support local governments with Land Use Management and Enforcement issues regarding Bill C-45Cannabis Act. (Pages C21 -24) 6.Town of Fort Erie Resolution regarding Amendment to Bill 108,More Homes, More 3 Choice Act, 2019, which amended the Ontario Heritage Act Request to remove the powers provided to the Local Planning Appeal Tribunal, Retain Authority for hearing certain appeals by the Conservation Review Board, and return the authority for final decisions to Municipal Councils. (Pages C25 -41) 7.Catfish Creek Conservation Authority, Town of Mono, Township of Essa, Municipality of Grey Highlands, and Town of Shelburne - Resolution requesting the Province to repeal Section 6 of the Budget Measures Act (Bill 229) and that the Province continue to work with Conservation Authorities to find workable solutions to reduce red tape and create conditions for growth. (Pages C42 -56) 8.Township of Larder Lake and Municipality of Marmora Lake Province to consider funding and training to municipalities to comply with standards under Accessibility for Ontarians with Disabilities Act. (Pages C57 -59) 9.Township of Huron-Kinloss Resolution supporting Northumberland County and Town of Wasaga Beach requesting the Province develop tougher laws and larger financial penalties regarding unauthorized car rallies. (Pages C60) 10.Township of Huron-Kinloss Resolution supporting the Township of Lake of Bays requesting the Province to consider an amendment to Bill 124 relating to insurance to make it a requirement that the building contractor name be disclosed and that the contractor must provide proof of insurance. (Page C61) 11.Township of Amaranth Resolution supporting the County of Wellington Resolution requesting the Province to work with the Municipal Property Assessment Corporation to address the assessment issue relating to aggregate resources.(Pages C62 -63) 12.Township of Amaranth Resolution supporting Northumberland County Resolution requesting the Province to review the Municipal Elections Act with a view to making amendments that allow for reporting of election fraud and ensuring that legislation can be enforced. (Page C64) 13.Region of Peel Resolution requesting the Province to amend the Assessment Act regarding property tax exemptions for Veterans Clubs. (Pages C65 -66) 14.Gravel Watch Ontario Correspondence relating to recent developments which affect the power of municipalities to apply zoning and to gather revenues and which have significant impacts on communities. (Pages C67 -69) 4 15.Municipality of Bayham Notice of Public Meeting for Official Plan Amendment to permit subdivision development in Village of Straffordville and Hamlet of Eden. (Page C70) 16.Municipality of Central Elgin Notice of Application and Public Meeting relating to the following properties: (Pages 71 74) -6738 Quaker Road. -45811 Fruit Ridge Line. 17.Elgin County Land Division Committee Notice of Decision relating to the following: -Severance Application No. E42-20Gregory Max Underhill, Part Lot 25, Concession 2 Granted. (Pages C75 -77) -Severance Application No. E44-20Dolores Slanskey Von Groh and Jerry Schram, Part Lot 7, Concession 7 Granted. (Pages C78 -80). (H)OtherBusiness (i)Port Bruce Ratepayers Association -Proposal for a launch in Port Bruce for non-motorized water craft. RES 23 (Pages 83) (ii)Kettle Creek Conservation Authority Correspondence requesting the Province of Ontario to remove Schedule 6 from Bill 229 and allow for more time for communication of the regulations and communication of how these proposed changes address issues raised in the February 2020 multi-stakeholder consultations. (Additional correspondence regarding this matter attached to the Correspondence Agenda December 3, 2020, No. 6 Catfish Creek Conservation Authority, Town of Mono, Township of Essa, Municipality of Grey Highlands and Town of Shelburne.) RES 24 (Pages 84-91) (I)By-laws (i)By-law No. 20-80Amendmentto By-law No. 17-51 regarding Off- Road Vehicles. RES25(Pages 92 -93) (ii)By-law No. 20-82Amendment to Township records to delete reference to Director of Physical Services.RES26(Pages 94 -95) (iii)By-law No. 20-83-Amendment to the Procedural By-law to allow for electronic participation by Members of Council. RES27(Pages 96-99) (J)Closed Session (K)ConfirmatoryBy-lawRES28(Page100) (L)AdjournmentRES29 5 **VIDEOCONFERENCE MEETING Note for Members of the Public: In order to respect the State of Emergency declared by the County of Elgin and Township of Malahide and not hold large public gatherings, please note that the RegularCouncil Meeting scheduled to be held on December 3, 2020will have limited seating capacity as well as a videoconference option. Please note that, at this time, there is not an option for the public to call in to this meeting. However, we will be livestreaming the Council Meeting via YouTube.Please click the link below to watch the Council Meeting. https://www.youtube.com/channel/UC2WWxGHYoaNBixWD8viFlGw Written comments regarding the Council Agenda items are welcome please forward such to theClerk at mcasavecchia@malahide.ca 6 PLEASE NOTE that the draft resolutions provided below DO NOT represent decisions already made by the Council. They are simply intended for the convenience of the Council to expedite the transaction of Council business. Members of Council will choose whether or not to move the proposed draft motions and the Council may also choose to amend or defeat them during the course of the Council meeting. 1.THAT the minutes of the regular meeting of the Councilheld onNovember 19,2020 be adopted as printed and circulated. 2.THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the Leonard Jones Drain: Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguère Councillor Chester Glinski. 3.THAT the Court of Revision for the Leonard Jones Drain be called to order at 7:______p.m. AND THAT Dave Mennill be appointed Chairman. 4.THAT the Court of Revision members for the Leonard Jones Drain do hereby accept the recommendations of Drainage Engineer Andrew Gilvesy, CJDL Consulting Engineers; and further, does hereby confirm the drainage assessments,as outlined in the Report of the Drainage Engineer,dated September 21, 2020. 5.THAT the Court of Revision relating to the Leonard Jones Drain be adjourned and the Council Meeting reconvene at 7:_____p.m. 6.THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the Leonard Jones DrainExtension: Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguère Councillor Chester Glinski. 7.THATthe Court of Revision for the Leonard JonesDrainExtensionbe called to order at 7:_____p.m. AND THAT Dave Mennill be appointed Chairman. 7 8.THAT the Court of Revision members for the Leonard JonesDrain Extensiondo hereby accept the recommendations of Drainage Engineer Andrew Gilvesy, CJDL Consulting Engineers; and further, does hereby confirm the drainage assessments,as outlined in the Report of the Drainage Engineer.dated September 30, 2020. 9.THAT the Court of Revision relating to the Leonard Jones Drain Extension be adjourned and the Council Meeting reconvene at 7:_____p.m. 10.THAT the Public Meeting concerning the Zoning By-law Amendment Application of David and Jacqueline Fehrrelating to the property located at Lot 34, Concession 9, be called to order at 7:_____ p.m. 11.THAT the Public Meeting relating to Zoning By-law Amendment Applicationof David and Jacqueline Fehrrelating tothe property located at Lot 34, Concession 9, be adjourned and the Council meeting reconvene at 7:_____ p.m. 12.THAT By-law No. 20-79,being a By-law to amend Zoning By-law No. 18- 22 insofar as it relates to the property owned by David and Jacqueline Fehr, located atLot 34, Concession 9, be given first, second and third readings, and properly signed and sealed. 13.THAT the Public Meeting concerning the Zoning By-law Amendment Application of MacVicar Farms Ltd.relatingto the property located at Lot 24, Concession12, be called to order at 7:_____ p.m. 14.THAT the Public Meeting relating to Zoning By-law Amendment Applicationof MacVicar Farms Ltd.relatingto the property located at Lot 24, Concession 12,be adjourned and the Council meeting reconvene at 7:_____ p.m. 15.THAT By-law No. 20-77,being a By-law to amend Zoning By-law No. 18- 22 insofar as it relates to the property owned by MacVicar Farms Ltd., located atLot 34, Concession 12, be given first, second and third readings, and properly signed and sealed. 16.THAT the Public Meeting concerning the Zoning By-law Amendment Application of Robert, Jean,and Jason Nicholson, relating to the property located at Lot12, Concession 5, be called to orderat 7:_____ p.m. 17.THAT the Public Meeting relating to Zoning By-law Amendment Applicationof Robert, Jean,and Jason Nicholson,relating tothe property located at Lot 12, Concession 5, be adjourned and the Council meeting reconvene at 7:_____ p.m. 8 18.THAT By-law No. 20-78,being a By-law to amend Zoning By-law No. 18- 22 insofar as it relates to the property owned by Robert, Jean,and Jason Nicholson, located atLot 12, Concession 5, be given first, second and third readings, and properly signed andsealed. 19.THAT Report No. F-20-Ice THAT Malahide Township, as the benefiting municipality, in conjunction with the Catfish Creek Conservation Authority,does hereby accept the quotation submitted by Laemers Excavating to provide Ice Breaking Services in Port Bruce from January 1 to March 31, 2021; AND THAT the Catfish Creek Conservation Authority be requested to notify Laemers Excavating to have the LongArm Excavator remain on-site in Port Bruce from January 1 to March 31, 2021, at a cost of $2,500.00 per month, plus $500.00 move in costs (plus applicable taxes) and a working hourly rate of $175.00 per hour. 20.THAT Report No. PS-20-Tandem Dump Truck Complete with Winter Control Equipment be received; AND THAT the bid received from Team Truck Centres, of London, Ontario, in the amount of $356,300.00 (plus applicable taxes), for the purchase of one new tandem dump truck complete with winter control equipment be accepted. 21.THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated November 19 and 26, 2020. (Pages C4 -10) 2.Township of Howick Resolution requesting Province to consider lowering the interest rate on Tile Drain Loans to 4% and increasing the yearly loan limit to $100,000.00. (Page C11) 3.Town of Lincoln regarding illicit cannabis operations. (Pages C12 -19) 4.Township of Amarnath Resolution supporting Northumberland regarding cannabis issues. (Page C20) 5.Town of Fort Erie and Township of Huron-Kinloss Resolution supporting Township of Asphodel- legislation to support local governments with Land Use Management 9 and Enforcement issues regarding Bill C-45Cannabis Act. (Pages C21 -24) 6.Town of Fort Erie Resolution regarding Amendment to Bill 108,More Homes, More Choice Act, 2019, which amended the Ontario Heritage Act Request to remove thepowers provided to the Local Planning Appeal Tribunal, Retain Authority for hearing certain appeals by the Conservation Review Board, and return the authority for final decisions to Municipal Councils. (Pages C25 -41) 7.Catfish Creek Conservation Authority, Town of Mono, Township of Essa, Municipality of Grey Highlands, and Town of Shelburne - Resolution requesting the Province to repeal Section 6 of the Budget Measures Act (Bill 229) and that the Province continue to work with Conservation Authorities to find workable solutions to reduce red tape and create conditions for growth. (Pages C42 -56) 8.Township of Larder Lake and Municipality of Marmora Lake ing the Province to consider funding and training to municipalities to comply with standards under Accessibility for Ontarians with Disabilities Act. (Pages C57 -59) 9.Township of Huron-Kinloss Resolution supporting Northumberland County and Town of Wasaga Beach requesting the Province develop tougher laws and larger financial penalties regarding unauthorized car rallies. (Pages C60) 10.Township of Huron-Kinloss Resolution supporting the Township of Lake of Bays requesting the Province to consider an amendment to Bill 124 relating to insurance to make it a requirement that the building contractor name be disclosed and that the contractor must provide proof of insurance. (Page C61) 11.Township of Amaranth Resolution supporting the County of Wellington Resolution requesting the Province to work with the Municipal Property Assessment Corporation to address the assessment issue relating to aggregate resources.(Pages C62 -63) 12.Township of Amaranth Resolution supporting Northumberland County Resolution requesting the Province to review the Municipal Elections Act with a view to making amendments that allow for reporting of election fraud and ensuring that legislation can be enforced. 10 13.Region of Peel Resolution requesting the Province to amend the Assessment Act regarding property tax exemptions for Veterans Clubs. 14.Gravel Watch Ontario Correspondence relating to recent developments which affect the power of municipalities to apply zoning and to gather revenues and which have significant impacts on communities. 15.Municipality of Bayham Notice of Public Meeting for Official Plan Amendment to permit subdivision development in Village of Straffordville and Hamlet of Eden. 16.Municipality of Central Elgin Notice of Application and Public Meeting relating to the following properties: -6738 Quaker Road. -45811 Fruit Ridge Line. 17.Elgin County Land Division Committee Notice of Decision relating to the following: -Severance Application No. E42-20Gregory Max Underhill, Part Lot 25, Concession 2 Granted. -Severance Application No. E44-20Dolores Slanskey Von Groh and Jerry Schram, PartLot 7, Concession 7 Granted. 22.THAT the correspondence received from the Port Bruce Ratepayers Association regarding aproposal for a launch in Port Bruce for non- motorized water craft be referred to the Municipal Staff forfurther review and consideration and a report back to the Municipal Council at a future meeting. 23.THAT the correspondence received from Kettle Creek Conservation Authority, dated November 19, 2020, requesting the Province of Ontario to remove Schedule 6 from Bill 229 and allow for more time for communication of the regulations and communication of how these proposed changes address issues raised in the February 2020 multi- stakeholder consultationsbe supported; AND THAT a copy of this correspondence be forwarded to Premier Doug Ford, Catfish Creek Conservation Authority, Town of Mono, Township of Essa, Municipality of Grey Highlands and the Town of Shelburne. 24.THAT By-law No. 20-80, being a By-law to Amend the Regulations for Off- Road Vehicles, be given first, second and third readings, and be properly signed and sealed. 11 25.THAT By-law No. 20-82, being a By-law to amend the by-laws and resolutions of the Township of Malahide to delete the reference to the Director of Physical Services, be given first, second and third readings, and be properly signed and sealed. 26.THAT By-law No. 20-83, being a By-law to amend the Procedural By-law to allow for electronic participation by Members of Council, be given first, second and third readings, and be properly signed and sealed. 27.THAT By-law No. 20-76, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. 28.THATtheCounciladjournits meetingat _______ p.m.to meet again on December 17, 2020, at 7:30 p.m. 12 ________________________________________________________________ Due to COVID 19 and Public Health concerns,the Malahide Township Council met at the Malahide Community Place, at 12105 Whittaker Road, Springfield,at 7:30 p.m. in order to allow for physical distancing and limited public attendance. The following were present: Council:Mayor D. Mennill, DeputyMayor D. Giguère, Councillor M. Widner, Councillor S. Lewis, Councillor M. Moore, and Councillor C. Glinski. Council via Videoconference: Councillor R. Cerna. Staff:Chief Administrative Officer/Clerk M. Casavecchia-Somers, Information Technology Manager C. Coxen, Director ofDevelopment Services A. Betteridge, Director of Fire and Emergency Services B. Smith, Director of Public Works M. Sweetland, and Deputy Clerk D. Wilson. Staff Members via Videoconference:Director of Financial Services A. Mohile. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTERESTand the General Nature thereof. Nodeclarations of pecuniary interest were declared. MINUTES: No. 20-467 Moved by:Max Moore Seconded by:Rick Cerna THAT the minutes of the regular meeting of the Councilheld on November 5, 2020 be adopted as printed and circulated. Carried. 13 PRESENTATIONS/DELEGATIONS/PETITIONS: Zoning By-law Amendment as submitted by Bill Reymer, relating to Part Lots 85 and 86, Concession South Talbot Road, Malahide. No. 20-468 Moved by:Dominique Giguère Seconded by:Chester Glinski THAT the Public Meeting concerning the Zoning By-law Amendment Application of Bill Reymerrelating to the property located at Lots 85 and 86, Concession South Talbot Road,be called to order at 7:34p.m. Carried. Mayor Mennill advised that the purpose of this Public Meeting is to consider an application to amend the zoning of the subject property located at 140 Elk Street, from an agricultural lot from the General Agricultural (A1) Zone to the Large Lot Agricultural (A3) Zone. Mayor Mennill asked the Deputy Clerk to advise and confirm on the method and date of notice given for this meeting. The Clerk advised that this public meeting was advertised in the Aylmer Express on October 28 and November 4, 2020. In addition, affected property owners within 120meters were sent a notice by prepaid first class mail that was posted at least twenty days prior to this meeting. Mayor Mennill requested the Director of Development Servicesto provide an overview of the application. The Director advised that the purpose of the proposed amendment isto change the zoning on a remnant parcel of farmland occupied by two barns from the General Agricultural (A1) Zone to the Large Lot Agricultural (A3) Zone. The lands to be retained which comprise an area of approximately 15.7 hectares (38.7 acres) and a depth of 319 meters(1,047 feet) are proposed to be merged in name and title with an abutting agricultural parcel to the east owned by Bill Reymer (49639 Talbot Line). The rezoning would permit the enlargement of lands for continued agricultural purposes, with the enlarged parcel comprising an area of 88.1 hectares (217.7 acres) and frontage along Talbot Line. The lands being severed, being 140 Elk Street in the Town of Aylmer, are not affected by the proposed rezoning and are instead governed by the provisions of the Town of Aylmer Zoning By-law. The change in zoning of the subject lands to A3 would ensure that the enlarged parcel in its entirety is zoned consistently and is being requested to satisfy conditions of Application for Consent E11-20 granted by the County of Elgin Land Division Committee. Mayor Mennill asked the Deputy Clerk to provide any comments received and she advised that correspondence has been received from the Catfish Creek Conservation Authority with no objections. 14 Mayor Mennill asked if any persons were in attendance that wished to make any comments regarding the application and there were none. Mayor Mennill asked if any Councillors wished to make any comments regarding the application and there werenone. Mayor Mennill advised that the Council will consider all comments received when making its final decision on the application. No. 20-469 Moved by:Scott Lewis Seconded by:Mark Widner THAT the Public Meeting relating to Zoning By-law Amendment Application of Bill Reymerrelating tothe property located at Lots 85 and 86, Concession South Talbot Road, be adjourned and the Council meeting reconvene at 7:37p.m. Carried. No. 20-470 Moved by:Rick Cerna Seconded by:Max Moore THAT By-law No. 20-72,being a By-law to amend Zoning By-law No. 18-22 insofar as it relates to the property owned by Bill Reymer, located atLots 84 and 85, Concession South Talbot Road, be given first, second and third readings, and properly signed and sealed. Carried. Zoning By-law Amendment as submitted by Dohner Farm Ltd., relating to Part Lot 34, Concession 1, Malahide. No. 20-471 Moved by:Dominique Giguère Seconded by:Rick Cerna THAT the Public Meeting concerning the Zoning By-law Amendment Application of Dohner Farm Ltd.relating to the property located at Lot 34, Concession 1, be called to order at 7:38p.m. Carried. Mayor Mennill advised that the purpose of this Public Meeting is to consider an application to amend the zoning of the subject property located at 53233 Nova 15 Scotia Line, on a surplus farm dwelling lot from the Large Lot Agricultural (A3) Zone to the SmallLot Agricultural (A4) Zone and Special Agricultural (A2) Lot. Mayor Mennill asked the Deputy Clerk to advise and confirm on the method and date of notice given for this meeting. The Clerk advised that this public meeting was advertised in the Aylmer Express on October 28 and November 4, 2020. 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. Mayor Mennill requested the Director of Development Servicesto provide an overview of the application. The Director advised that the purpose of the proposed amendment isto change the zoning on a surplus farm dwelling lot proposed to be severed, which contains a single detached dwelling, detached garage, carport and two portable structures (shipping container and mobile home), from the Large Lot Agricultural (A3) Zone to the Small Lot Agricultural (A4) zone, to permit the use of the proposed lot for residential purposes. The lot comprises an area of approximately 5,022 square meters(1.2 acres), a frontage of 62 meters (203 feet) and a depth of 81 meter (266 feet). The zoning of the retained farm parcel, comprising an area of approximately 53 hectares (131 acres), a frontage of 343 meters (1,125 feet) and irregular depth, is proposed to be changed to the Special Agricultural (A2) Zone to prohibit the construction of any new dwelling on the lot. The change in zoning is being requested to fulfill conditions of Application for Consent #23-20 granted by theCounty of Elgin Land Division Committee. Mayor Mennill asked the Deputy Clerk to provide any comments received and she advised that correspondence has been received from the Catfish Creek Conservation Authority with no objections. Mayor Mennill asked ifany persons were in attendance that wished to make any comments regarding the application and there were none. Mayor Mennill asked if any Councillors wished to make any comments regarding the application and there were none. Mayor Mennill advised that the Council will consider all comments received when making its final decision on the application. No. 20-472 Moved by:Scott Lewis Seconded by:Mark Widner THAT the Public Meeting relating to Zoning By-law Amendment Application of Dohner Farm Ltd.relating to the property located at Lot 34, Concession 1, be adjourned and the Council meeting reconvene at 7:40p.m. 16 Carried. No. 20-473 Moved by:Chester Glinski Seconded by:Scott Lewis THAT By-law No. 20-73,being a By-law to amend Zoning By-law No. 18-22 insofar as it relates to the property owned by Dohner Farm Ltd., located at Lot 34, Concession 1, be given first, second and third readings, and properly signed and sealed. Carried. Zoning By-law AmendmentVarious Housekeeping Amendments No. 20-474 Moved by:Dominique Giguère Seconded by:Rick Cerna THAT the Public Meeting concerning the Zoning By-law Amendment relating to various housekeeping amendments be called to order at 7:42 p.m. Carried. Mayor Mennill advised that the purpose of this Public Meeting is to consider an application to amend the zoning of the subject property located at 53233 Nova Scotia Line, on a surplus farm dwelling lot from the Large Lot Agricultural (A3) Zone to the SmallLot Agricultural (A4) Zone and Special Agricultural (A2) Lot. Mayor Mennill asked the Deputy Clerk to advise and confirm on the method and date of notice given for this meeting. The Clerk advised that this public meeting was advertised in the Aylmer Express on October 28 and November 4, 2020. Mayor Mennill requested the Dan Smith, Planner from Monteith Brown Planning Consultants,to provide an overview of the application. The Planneradvised that the purpose of the proposed amendment is to address matters of a general and -law on April 5, 2018, various matters have been identified in the course of the day-to-day administration of the by-law that require attention. The proposed Zoning By-law amendment addresses these matters and provides greater clarification where necessary.Changes to the Zoning By-law being proposed include, and may not be limited to, the followingproperties: Part Lot 92, Concession STR rezone from A2-3 to A2-4 Part Lot 31, Concession 6 rezone from A4 to A4-20 17 Part Lot 31, Concession 6 rezone from A1 to A2 Part Lot 28, Concession 3 rezoning from A1 to A4 Part Lot 1, Concession 1 rezone from A1 to RR Part Lot 44, Registered Plan 226 (Port Bruce) rezoned from GC to VR2. Mayor Mennill asked the Deputy Clerk to provide any comments received and there were none. Mayor Mennill asked if any persons were in attendance that wished to make any comments regarding the application and there were none. Mayor Mennill asked if any Councillors wished to make any comments regarding the application. Councillor Widner inquired if the affected property owners were given direct notification by mail. The Planner advised that the housekeeping changes were essentiallyclerical/mappingerrors. The CAO/Clerk advised that the changes did not affect the intentof the zoningof specific propertiesand no rights of use were removed. The CAO/Clerk also noted that these changes will not affect the propertytaxes, as taxes are based on the use of the property and not what the property could be used for. Mayor Mennill advised that the Council will consider all comments received when making its final decision on the application. No. 20-475 Moved by:Rick Cerna Seconded by:Max Moore THAT the Public Meeting relating to Zoning By-law Amendment relating to various housekeeping amendmentsbe adjourned and the Council meeting reconvene at 7:50p.m. Carried. No. 20-476 Moved by:Chester Glinski Seconded by:Mark Widner THAT By-law No. 20-70,being a By-law to amend Zoning By-law No. 18-22 insofar as it relates to housekeeping amendments affecting various properties located in the Township of Malahide,be given first, second and third readings, and properly signed and sealed. Carried. 18 The Mayor thanked the Planner and he retired from the meeting. -Presentation -David Lawn and Amirreza Bastani of MEDA Engineering & Technical Servicesrelating to Bridge and Culvert Inspection Report. David Lawn and Amirreza Bastani,of MEDA Engineering & Technical Services, appeared before the Council to present the 2020 Bridge and Culvert Inspection report. David Lawn advised that MEDA has concluded the bridge and culvert inspections for Malahide, and generally speaking most structures(bridges and culverts)are in pretty good condition. Amirreza Bastani advised that 21 culverts and 12 bridges were inspected.The bridge inspection showed the following: 5 bridges have little to no deficiencies. 5 bridges are listed as replacement or major rehabilitation possible in 6-10 years depending on developing conditions. 2 bridges are listed as 1 5 years replacement or major rehabilitation and need to be monitored based on the condition noted during the inspection (Pressey West and Carter). The culvert inspection showed the following: 10 culverts have little to no deficiencies. 6 culverts are listed as major rehabilitationore replacement possiblein 6- 10 years depending on developing conditions. 5culvertsare constructed of CSP and listed as 1-5 years replacement or major rehabilitationand need to be monitored based on the condition noted during the inspections. (Dorchester, Pigram, Glencolin, Hacienda and Vienna). The Director of Public Works noted that rehabilitation techniques are being sought to extend the life of the structures. In response to inquiries from the Council, the Director advised there were no surprises in the report although the Carter Road Bridge was previously a 10 year replacement and the report now indicates replacement in 1-5 years. He noted that the Calton Line Culvert isincludedin the Draft 2021 Capital Budget and has changed place in priority with the Hacienda Culvert. The Director noted that the recommended guiderail replacement along the culverts are based on the Ontario guidelines. No. 20-477 Moved by:Mark Widner Seconded by:Scott Lewis 19 THAT thepresentation received from David Lawn, of MEDA Engineering & Technical Services, relating to the Consulting Services for Bridge and Culvert Inspection,be received. Carried. The Mayor thanked the MEDA Engineersand theyretired from the meeting. Presentation Dave Mennill, Warden, and Julie Gonyou, CAO, of the County of Elgin, relating to the County of Elgin Service Delivery Review. Warden Dave Mennill and CAO Julie Gonyou,of the County of Elgin, appeared before the Council to provide an update relating to County of Elgin activities and the County Service Delivery Review. Warden Mennill noted that he was pleased to represent the County and update the Malahide Council on County activities.He noted that the Service Delivery Review was completed to determine how the County of Elgin services could be delivered more efficiently and effectively and how they can partner with lower tier municipalities to provide services that areefficient and seamless to the residents. The Consultants have identified 110 unique internal and shared service savings to the County and lower tier municipalities. Julie Gonyou advisedthatshe was pleased to present the annual update of County of Elgin services.Ms. Gonyou advised that the 2020-2022 Strategic Plan process has identified strategic priorities and associated actionable items that will guide County Council and Staff over the next two years. The three main priorities were determined to be: Serving Elgin Growing Elgin Investing in Elgin. Ms. Gonyou advised that the partnerships and collaboration include the SWIFT Network, Fire Training, Community Safety and Well-Being Plan, Focus on Enhanced Communication, Health Recruitment Partnership with St. Thomas, Legal support, Economic Development,Accessibility Services, Property Assessment, and Library services.She indicated that the County is working on ;has retained a full-time planner;is reviewing Land Division processes,ambulance services, the CEMC and Fire Trainer position;building bridges, is proceeding with the Terrace Lodge redevelopment and Fundraising Committee;and established an Environmental Advisory Committee. Ms. Gonyou noted that the Port Bruce Bridge Replacement isscheduled to be completed in December,2020. The ground breaking for Terrace Lodge 20 Redevelopment will occursoon and a Fund Raising Committee will support the value-added components of this project. Ms. Gonyou advised that the Service Delivery Review was completed by Strategy Corp. and community services with a focus on long term care; examining and improving the shared partners and the City of St. Thomas. Ms. Gonyou noted that potential shared service opportunities could include Information Technology (IT), Professional Planning, joint purchasing, formalized shared Human Resources and Engineering advice. Ms. Gonyou noted that the policies governing the Road Maintenance Agreement need to be updated and the funding arrangement requires an independent review.She also noted that the County looked forward to future conversations with Malahide regarding these matters. No. 20-478 Moved by:Max Moore Seconded by:Rick Cerna THAT the presentation received from Elgin County Warden Dave Mennill and County CAO Julie Gonyouproviding an update on County activities and the County Service Delivery Review be received. Carried. The Mayor thanked the County of Elgin CAO and she retired from the meeting. Public Meeting Council Remuneration. No. 20-479 Moved by:Dominique Giguère Seconded by:Rick Cerna THAT the Public Meeting concerning Council Remuneration be called to order at 8:20p.m. Carried. The Mayor advised that the Township is proposing to pass a By-law to consider increasing remuneration for Members of Council. The purpose of this public meeting is to hear comments or concerns from anyone either in support of or in opposition to the proposed by-law. 21 The Mayor asked the CAO to provide an overview of the process to date and the CAO advised the following: (i)Section 283(7) of the Municipal Act requires that a Council review its remuneration at a public meeting at least once during its term of office. the recent recommendations of the Council Remuneration Review Committee. This public meeting will also serve to satisfy legislative requirements. (ii)The by-law being proposed this evening establishes base compensation amounts for all Council members and contains provisions to index the rates of pay annually. The by-law also increases the Council per diem rates for participation in work-related conferences and workshops; as well as increases the annual mileage allowance and mileage rate. (iii)The proposed compensation increases were recommended by the Council Remuneration Review Committee to become effective on January 1, 2020. As such, if approved, there will be retroactive adjustments for all Council members for the year 2020. (iv)The estimated annual increased cost is $7,815 for 2020 and $7,025 for 2021. The Mayor asked if anypersons wished to comment or ask questions concerning the proposed increase in Council Remuneration and there were none. The Mayor asked if any Members of the Council wished to comment or ask questions concerning the proposed increase in Council Remuneration and there were none. No. 20-480 Moved by:Dominique Giguère Seconded by:Scott Lewis THAT the Public Meeting concerning Council Remuneration be adjourned and the Council meeting reconvene at 8:23p.m. Carried. The CAOadvised that the By-law to increase Council Remuneration will be addressed later in the meeting under the By-law section of the Agenda. 22 REPORTS: Director of Fire and Emergency Services -Emergency Services Activity Report October. No. 20-481 Moved by:Mark Widner Seconded by:Chester Glinski THAT Report No. F-20- Carried. Director of Public Works -Amendment to Off-Road Vehicle By-law No. 17-51 In response to an inquiry from Councillor Widner, the Director advised that off- road vehicles were not allowed on the Township roads except for members of the Talbot Trail ATV Club. The Club has the ability to choose what types of vehicles they will allow on their trails. No. 20-482 Moved by:Rick Cerna Seconded by:Mark Widner THAT Report No. PS-20--Road Vehicle By-law No. 17- AND THAT the Clerk be directed to prepare the necessary amendment to By- law No.17-51 to change the Off-Road Vehicle definition to include Extreme Terrain Vehicle and Off-Road Motorcycle as defined in O. Reg. 316/03; AND THAT the Clerk be directed to prepare the necessary amendment to By- law No. 17-51 to allow year-round use of the Municipal road allowance -law No. 17-51, as amended on November 7, 2019; AND THAT the effective term of By-law No. 17-51 remain as a period of two (2) years or shorter for the purpose of evaluating the effects of and determining whether it is advisable to continue the operation of Off-road Vehicles, as amended, on specified highways within the Township. 23 Carried. Chief Administrative Officer/Clerk -Occupational Health and Safety Act Bill 168 and Bill 132 Complaints and Training Initiatives. In response in an inquiry from Deputy Mayor Giguère regarding Council liability, the CAO advised that if the Council was aware of a harassment or violence situation and requested the Municipal Staff to ignore that situation, they could have personal liability. The Deputy Mayor requested receipt of an annual report regarding violence and harassment issues. No. 20-483 Moved by:Dominique Giguere Seconded by:Scott Lewis. THAT Report No. HS-20-Health and Safety Act Carried. -Draft Anti-Idling By-law Following some discussion of the proposed by-lawby the Council Members, the CAO/Clerk was requested to amend the draft by-law as followsand resubmit itto the Council for consideration at a future CouncilMeeting: Extendthe maximum idling time from 3 minutes to 7-10minutes; Remove the emissions section; Provide additional comparables to other local municipalities. REPORTS OF COMMITTEES/OUTSIDE BOARDS: -Budget Committee Minutes No. 20-484 Moved by:Max Moore Seconded by:Scott Lewis THAT the Budget Committee minutes of October 29, 2020 and Draft Minutes of November 12, 2020 be noted and filed. Carried. 24 -Budget Committee Pier Parking Lot Design No. 20-485 Moved by:Rick Cerna Seconded by:Scott Lewis THAT the Pier Parking Lot Design Project, in the budget amount of $10,000.00, be included in the 2021 Capital Budget; AND THAT, notwithstanding that the remainder of the 2021-2022 Budgets have not yet been approved, the Port Bruce Pier Parking Lot Design Project and the Hacienda Road Culvert Class EA and Design Projectbe approved for completion in 2021; AND THAT the Municipal Staff be authorized and directed to proceed with the Port Bruce Pier Parking Lot Design Project initiation and the Hacienda Road Culvert Class EA and Design Project initiation so that such projects can be pre-planned, tendered, and completed on time and within budget. Carried. -Budget Committee Development Charges Background Study No. 20-486 Moved by:Dominque Giguere Seconded by:Scott Lewis THAT the Municipal Council permit the contracting of professional consulting services to update the Development Charges Background Study and By-law as a single source procurement; AND THAT, notwithstanding that the remainder of the 2021-2022 Budgets have not yet been approved, theservice contract for the Update to the Development Charges Background Study and By-law to Watson & Associates Economists Ltd., in the amount of $12,500.00 plus applicable taxes, be approved; it being noted that such service contract will be funded fromthe Development Charge Reserve. Carried. -Budget Committee Broadband Consulting Services No. 20-487 Moved by:Scott Lewis Seconded by:Dominique Giguere 25 THAT, notwithstanding that the remainder of the 2021-2022 Budgets have not yet been approved, the Municipal Staff be authorized to issue a Request for Proposal for broadband consulting services to develop a strategy policy, design, and a phased implementation plan to expand broadband services in Malahide and surrounding area. Carried. -Long Point Region Conservation Authority Minutes No. 20-488 Moved by:Mark Widner Seconded by:Rick Cerna THAT the Long Point Region Conservation Authority minutes of October 7, 2020be noted and filed. Carried. -Aylmer Police Costing Ad Hoc Working Group Report Results of Police Services Review and Public Consultation No. 20-489 Moved by:Max Moore Seconded by:Scott Lewis THAT the Report of the Aylmer Police Costing Ad Hoc Working Group e received; AND THAT no action be taken at this time to commence negotiations with the Town of Aylmer for a contract for service for the Aylmer Police Service to provide policing services to the Township of Malahide; it being noted that the results of public consultation held subsequent to the public meeting on September 30, 2020 did not support moving forward with any change to policing services for Malahide; AND THAT the Aylmer Police Costing Ad Hoc Working Group, having fulfilled its mandate, be disbanded. Carried. CORRESPONDENCE: No. 20-490 Moved by:Mark Widner 26 Seconded by:Chester Glinski THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated November 5 and 12, 2020. 2.City of Hamilton Resolution requesting the amendment of AGCO Licensing and Application process for cannabis retail stores to consider radial separation from other cannabis locations. 3.Town of Grimsby Resolution requesting the Province to amend Schedule 11 of Bill 108 regarding changes to Local Planning Appeal Tribunal and return final decision authority to municipal councils. 4.Municipality of St. Charles Resolution requesting the Province to champion the implementation of broadband in the under- served areas of the Municipality of St. Charles. 5.Town of Plympton-Wyoming Resolution supporting the Township of Loyalist regarding funding for community groups and service clubs affected by pandemic. 6.County of Prince Edward Resolution requesting the Province to respect Ontario municipalities ability to apply sound representative principles in their execution of elections. 7.Township of Amaranth, City of BrantfordResolution requesting the Province to rescind the proposed changes regarding ranked ballot voting and the nomination period included as part of Bill 218. 8.Township of East Garafraxa Resolution requesting the Province to work with Municipal Property Assessment Corporation to address the assessment issue relating to aggregate resources. 9.City of BellevilleResolution requesting the Province to provide funding support and training resources to municipalities to meet the Accessibility for Ontarians with Disabilities Act. 10.Municipality of Central Elgin Planning notices for Zoning By-law Amendments related to the following properties: -42025 McBain Line. -220 Prospect Street. 27 Carried. OTHER BUSINESS: -LPRCA -2021 Draft Budget No. 20-491 Moved by:Mark Widner Seconded by:Rick Cerna THAT the correspondence received from the Long Point Region Conservation Authority (LPRCA), dated November 13, 2020, regarding the 2021 Draft LPRCA Budget be received; AND THAT the Draft 2021 LPRCA Budget be referred to the 2021 Budget deliberations. Carried. -Councillor Lewis -Clarification Councillor Lewis indicated that he wished to clarifyinformation contained in the November 18, 2020edition of the Ayl could bring high-that he would never make a decision on any Councilmatter based on how it would affect him personally, but only on how itwould benefit the municipality. -Concerns re Freedom March Councillor Widner noted his dissatisfaction with individuals losing their rights -mask Rally). He quoted a letter he received from a resident stating they would have liked the Aylmer Police Service to have put a stop tothe Churcthen this may have stopped the Freedom March from occurring. -Speed Concerns on Imperial Road South Councillor Glinski indicated thathereceived a request from a resident on Imperial Road, south of Aylmer,relating to thecurrent postedspeed limit. The resident suggested that there were a large number of accidents in this area and asked that the 60 km speed zone limitation be extendedsoutherly alongImperial Road to VanPatter Line. The Council askedtheMunicipal Staff to report back to the Council advising of the number of motor vehicle collisions along Imperial Road from theAylmer Cemetery to Van Patter Lineprior to submitting a request to the County of Elgin to reduce the speed limit on that portion of Imperial Road. 28 -Speed concerns Amish CommunitySafety Zone Councillor Widner indicated that he has received several complaints and asked that the Elgin OPP be requested to monitor and enforce the speed limits in the Amish CommunitySafety Zone. BY-LAWS: -By-law No. 20-63Third Reading of W. Shively Drain Branch 1 & 2 No. 20-492 Moved by:Max Moore Seconded by:Chester Glinski THAT By-law No. 20-63,being a By-law to providefor Drainage works on the W. Shively Drain Branch 1 & 2, be read a third time, finally passed, and be properly signed and sealed. Carried. -By-law No. 20-74Council Remuneration No. 20-493 Moved by:Dominique Giguere Seconded by:Scott Lewis THAT By-law No. 20-74, being a By-law to authorize the remuneration and expenses for members of Malahide Township Council commencing in 2020, be given first, second and third readings, and be properly signed and sealed. Carried. CLOSED SESSION: No. 20-494 Moved by:Rick Cerna Seconded by:Mark Widner THAT Council move into Closed Session at 9:02p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discussthe following: (i)Personal Matter about an Identifiable Individual and/orLabour Relations or Employee Negotiations Matter regarding Staff Performance Reviews. 29 (ii)Personal Matter about an Identifiable Individual and/or Labour Relations or Employee Negotiations Matter regarding Malahide Fire Restructuring. Carried. No. 20-495 Moved by:Max Moore Seconded by:Mark Widner THAT Council move out of Closed Session and reconvene at 10:10p.m. in order to continue with its deliberations. Carried. The Mayor advised that during the Closed Session the Municipal Staff was given direction regarding a Labour Relations or Employee Negotiations Matter and/or Personal Matter about an Identifiable Individual, including municipal or local board employees relating to Malahide Fire Restructuring.There is nothing further to report. The Mayor advised that during the Closed Session the Municipal Staff was given direction regarding a Labour Relations or Employee Negotiations Matter and/or Labour Relations or Employee Negotiations Matter regarding Staff Performance Reviews.There is nothing further to report. CONFIRMATORY: No. 20-496 Moved by:Rick Cerna Seconded by:Mark Widner THAT By-law No. 20-75, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 20-497 Moved by:Chester Glinski Seconded by:Mark Widner 30 THATtheCounciladjournits meetingat 10:12p.m.to meet again on December 3, 2020, at 7:30 p.m. Carried. ____________________________________ Mayor D. Mennill ___________________________________ Clerk M. Casavecchia-Somers 31 NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE TOWNSHIP OF MALAHIDE TAKE NOTICE that the Township of Malahide has received a complete application for a proposed Zoning By- law Amendment. APPLICANT: Civic Planning Solutions Inc. (David Roe) on behalf of David & Jacqueline Fehr, owners of part of Lot 34, Concession 9, Township of Malahide. The lands affected by the amendment are known municipally as 53250 College Line,situated on the north side of College Line west of Springer Hill Road. AND TAKE NOTICE that the Council of the Corporation of the Township of Malahide will hold a public meeting onThursday, December 3rd, 2020, at 7:30 p.m. at the Malahide Community Place, 12105 Whittaker Road, Springfield to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. THE PURPOSE AND EFFECT of this amendment is to change the zoning onasurplus farm dwelling lot proposed to be severed, which contains a single detached dwelling and accessory building (detached garage), from theGeneral Agricultural (A1) zonetothe Small Lot Agricultural (A4) zone, to permit the use of the proposed lot for residential purposes. The lot comprises an area of approximately 1.6 hectares (4.0 ac), a frontage of 61.8 metres (203 ft) and a depth of 210.9 metres (692 ft). The zoning of the retained farm parcel, comprising an area of approximately 3.7 hectares (9.2 ac), a frontage of 347.2 metres (1,139 ft) and a depth of 175.1 metres (574 ft), is proposed to be re-zoned from theGeneral Agricultural (A1) zone to the Special Agricultural (A2)zone to prohibit the erection of a dwelling thereon. The change in zoning is being requested to fulfill conditions of Application for Consent E 22-20 granted by the County of Elgin Land Division Committee. ANY PERSON may attend the meeting in person or virtually and/or make a written or verbal representation in support of or in opposition to the proposed amendment. The public meeting will be available by clicking on the You Tube icon on the homepage of www.malahide.ca. Persons wishing to make a verbal statement virtually during the meeting are required to pre-register with the undersigned. IF ANY PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Council of the Corporation of the Township of Malahide before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Township of Malahide to the Local Planning Appeal Tribunal. If a person or public body does not make oral submission at a public meeting, or make written submissions to the Township of Malahide before the by-law is passed, the person or public body may notbe added as a party to the hearing of an appeal before theLocal Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, or the refusal of a request to amend the Zoning By-law you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Township Office. th DATED at the Township of Malahide this 11 day of November, 2020. M. Casavecchia-Somers, CAO/Clerk Township of Malahide, 87 John Street, South, Aylmer, Ontario.N5H 2C3 519-773-5344 32 610 PRINCESS AVENUE LONDON, ON N6B 2B9 TEL: (519) 686-1300 FAX: (519) 681-1690 E-MAIL: mbpc@mbpc.ca Memorandum To/Attention: Township of Malahide Date: November 27, 2020 From: Jay McGuffin Project No: 2007-002 Subject: Application to Amend the Township of Malahide Zoning By-Law No. 18-22 Part Lot 34, Concession 9,Township of Malahide, Ontario 53250 College Line Applicant: Civic Planning Solutions Inc. (David Roe) Registered Owners: David & Jacqueline Fehr Purpose An application has been made to amend the Township of Malahide Zoning By-Law No. 18-22 to re-zone lands occupied by a single detached dwelling and accessory building from General Agricultural (A1) to Small Lot Agricultural (A4). The remainder of the farm is proposed to be re-zoned to Special Agricultural (A2).There-zoning is required to satisfy conditions of approval for consent (E 22-20)to create a lot for a surplus farm dwelling as a result of a farm consolidation. Subject Site The subject lands are legally known as part of Lot 34, Concession 9 in the Township of Malahide and municipally known as 53250 College Line, situated on the north side of College Line west of Springer Hill Road. The lands in total comprise approximately 5.3 hectares (13.1 acres). The parcel to be severed comprises an area of approximately 1.6 hectares (4.0 acres) with approximately 61.8 metres (203 ft) of frontage and a depth of approximately 210.9 metres (692 ft).The parcel contains a single detached dwelling (circa 1990) and accessory buildings including a detached garage and a portion of a small storage barn which currently straddles the proposed lot line. It is proposed that the barn will be re-located entirely on the lot in accordance with all required setbacks. Services are provided by means of a private drilled well and individual septic system. Access to the parcel is provided by means of an existing driveway entrance toCollege Line. The balance of the lands, being the remaining farmland to be retained, comprise an area of approximately 3.7 hectares (9.2 acres), a frontage of approximately 347.2 metres (1,139 ft) andadepth of approximately 175.1 metres (574 ft).The parcel is devoid of buildings and structures and is used for agricultural purposes. Access to the farm is available from College Line. The cultivated land is separated from the proposed surplus dwelling lot by a row of mature cedar trees. 33 The subject lands are designated and are designated Township of Malahide Official Plan. The lands are zoned General Agricultural (A1) onMap32of the Township of Malahide Zoning By-Law. Provincial Policy Statement The Provincial Policy Statement (PPS) discourages residential lot creation in prime agricultural areas except in the case of an existing residence declared surplus to a farming operation as a result of farm consolidation (Section 2.3.4.1c).Planning authorities are to ensure that residential dwellings are prohibited on the remnant parcel of farmland. The parcel to be severed is the result of a surplus dwelling from a farm consolidation as granted by the County of Elgin Land Division Committee (Application E 22- 20).The agricultural lands are operated as a bona fide farm operation and are to be sold to Frank Berkelmans and consolidated with the home farm operation located at 53048 College Line in the Township of Malahide. Under Section 2.3.4.1 of the PPS, it is stated that: c) the new lot will be limited to a minimum size needed to accommodate the use and The County of Elgin Land Division Committee and the Township of Malahide have determined that the size of the severed lot is appropriate for its intended residential use. While the proposed surplus farm dwelling lot, at 1.6 hectares, exceeds the size of other surplus dwelling severances in the Township, it is noted that the lot does not contain (or remove) any productive agricultural land usually a factor when limiting the size of such lot. It is further noted that Land Division Committee has granted the consent application based on a revised lot configuration which ultimately reduced the size of the severed parcel. Consistency with the PPS is capable of being maintained. County of Elgin Official Plan The subject site County of Elgin Official Plan. farm dwellings are contained in Section E1.2.3.4 b) of the Official Plan as follows: a farming operation as a result of a farm consolidation provided that the development of a new residential use is prohibited on any retained parcel of farmland created by the consent to sever, unless the retained parcel is the product of the merging in title of two adjacent agricultural parcels in which case a dwelling unit would be permitted as part of the operation; The general consent policies of the Plan (Section E1.2.3.1) are as follows: Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Prior to issuing provisional consent for a new lot for any purpose, the approval authority shall be satisfied that the lot to be retained and the lot to be severed: 34 a) fronts on and will be directly accessed by a public road that is maintained on a year- round basis; b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County permits a request for access; c) will not cause a traffic hazard; d) has adequate size and frontage for the proposed use in accordance with the local municipal Zoning By-law; e) notwithstanding d) above, where a zoning by-law amendment or minor variance is required, approval of such amendment or variance shall be included as a condition of the approval of the consent; f) can be serviced with an appropriate water supply and means of sewage disposal, provided there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services; g) will not have a negative impact on the drainage patterns in the area; h) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; i) will not have a negative impact on the significant features and functions of any natural heritage feature; in this regard, lots should be restricted in size in order to conserve other lands in larger blocks for natural heritage purposes; j) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; k) will not have an adverse effect on natural hazard processes such as flooding and erosion; l) will conform with the local Official Plan; and, m) will conform to Section 51 (24) of the Planning Act, as amended. Based on a review of the information submitted, the proposed Zoning By-law amendment would be in conformity with the County of Elgin Official Plan. Malahide Official Plan The subject site is located idesignation 1 Official Plan. Policies regarding severances of surplus farm dwellings are contained in Section 2.1.7 of the Official Plan. An analysis of these policies with regard to the application is contained below. 2.1.7 Farm Consolidation and Severance of Surplus Farm Dwellings 2.1.7.1 In accordance with the Provincial Policy Statement, farm consolidation shall mean the acquisition of additional farm parcels to be operated as one farm operation. Farm consolidation may result in the identification of existing farm dwellings which are rendered surplus to the consolidated farm operation. Consents to sever and convey existing farm dwellings which were built and occupied for a minimum of ten years,and which are surplus to a consolidated farm operation, may be permitted within the Agriculture designation in accordance with the following policies: a) In the opinion of Council, a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area of the subject lands. crop production. Residential development in the vicinity is limited.While there are several 35 livestock buildings and structures situated within 750 metres of the proposed residential lot, the MDS Formulae are not applied in accordance with Section 2.1.3.2 of the Official Plan: 2.1.3.2 Minimum Distance Separation Formulae The Minimum Distance Separation Formulae are to be applied in any land use designation where livestock is a permitted use, and: a) MDS I is not applied to existing lots of record, surplus farm dwelling severances, within designated settlement areas, or where all or part of a dwelling is destroyed by catastrophe provided the dwelling is located no clo 2.1.7.2 The severed lot with the surplus farm dwelling shall: a) Be large enough to support a private sanitary sewage treatment and disposal system as determined by the appropriate approval authority, and be serviced by a potable water supply. The new lot comprises an area of 1.6 ha, and the lands are associated with the existing single detached dwelling, accessory building (garage) and surrounding outdoor amenity area. No lands under cultivation are proposed to be removed and the Land Division Committee has accepted the dimensions and area of the proposed lot subject to the owners satisfying the normal conditions with respect to water supply and sanitary waste disposal. b) Be situated within approximately 100 metres of an opened travelled road and should not be positioned so as to require cultivatable farmland as part of the severed lot. The existing dwelling unit is situated approximately 95 metres (312 ft) from College Line and does not include any farmland as part of the front yard. c) Meet the provisions of the applicable Minimum Distance Separation formula of OMAFRA. The application for consent (Section 19) indicates that there are several livestock buildings or structures within 750 metres (2,461 ft) of the proposed severed lands. Nevertheless, as stated previously, MDS I does not apply in the case of surplus farm dwelling severances. d) Be rezoned in a Special Agricultural Zone in the Zoning By-law. The subject site is currently zoned General Agricultural (A1) and application has been made to rezone the surplus farm dwelling to Small Lot Agricultural (A4) The proposed zone change is consistent with established practice in applying zoning to lots of this size (i.e. greater than 1 ac). 2.1.7.3 The severed lot with the surplus farm dwelling may: a) Include accessory buildings and structures if in the opinion of Township Council a land use conflict will not be created. Farm buildings which may be incompatible with the existing dwelling on the lot proposed to be severed may be required to be removed as a condition of the severance. Their location on the farm and the structural condition of such farm buildings will be evaluated as part of the planning process. The existing garage is accessory to the residential use of the property. The small storage barn currently straddling the proposed westerly lot line is being relocated such that it is entirely within the boundaries of the new lot. 2.1.7.4 The parcel of property constituting the retained agricultural lands shall: a) Comprise a size appropriate for the type of agricultural use(s) common in the area and be sufficiently large to maintain flexibility for future changes in the type or size of agricultural operation. The retained farm lot comprises an area of approximately 3.7 hectares (9.2 acres). Through the Application for Consent E 22-20, the County of Elgin Land Division Committee has 36 reviewed and granted the lot size as proposed.It should be noted that the farm parcel (pre- severance) was considerably undersized, that no agricultural land is being removed from production, and that the purchasing farmer is consolidating the lands with his farm operation. b) Meet the provisions of the Agricultural (A1) or Special Agricultural (A2) Zone regulations of the Zoning By-law. The farm parcel is proposed to be re-zoned to Special Agricultural (A2) as noted in item c) below. c) Be rezoned to prohibit the placement, development, or establishment of any additional type or form of residential dwelling units thereon, regardless of changes in property boundary or ownership. The lands to be retained are appropriately re-zoned to Special Agricultural (A2) to prohibit a dwelling from being erected thereon. Based on these foregoing considerations, the application maintains conformity with the Official Plan. Zoning By-Law No. 18-22 The subject lands are zoned General Agricultural (A1)onMap32 of the Township of Malahide Zoning By-Law No. 18-22.This zone permits a range of uses including agricultural,agri- tourism, forestry use,market garden operations, plant nurseries and riding schools. Residential uses are also permitted. The severed lot is proposed to be zoned Small Lot Agricultural (A4). The lot would readily satisfy the minimum lot area and lot frontage requirements (2,000 sq m and 30 m respectively) of the A4 zone. Based on a survey provided with the application, all other requirements of the By-law are capable of being satisfied. The applicant has confirmed that the aforementioned storage barn will be relocated entirely within the boundaries of the lot and meet all required setbacks of the A4 zone. Theretained lot is proposed to be re-zoned to Special Agricultural (A2). The parcel would satisfy the minimum lot frontage requirement (150 m) of the A2 zone but would have less than the minimum lot area --#) zoning is required to recognize and permit this deficiency. Recommendation Based on the above analysis, the proposed zoning by-law amendment to rezone the lands to be severed from General Agricultural (A1) to Small Lot Agricultural (A4) and the lands to be retained from General Agricultural (A1) to Special Agricultural (A2) is consistent with the PPS, conforms to the County of Elgin Official Plan and Township of Malahide Official Plan,and maintains the general intent and purpose of the Zoning By-Law. It is recommended that: The parcel to be severed be rezoned from General Agricultural (A1) to Small Lot Agricultural (A4) to permit its size and use for residential purposes; 37 The parcel to be retained be rezoned from General Agricultural (A1) to Special Agricultural (A2) to prohibit the erection of a dwelling thereon. The Special Agricultural zoning being applied to the retained lands be --#) to permit a reduced minimum lot area requirement; The -law be considered for adoption. Yours very truly, MONTEITH BROWN PLANNING CONSULTANTS (digitally signed) Jay McGuffin, MCIP, RPP Vice President, Principal Planner JMC;ds 38 APPLICATION FOR A ZONING BY-LAW AMENDMENT Township of David Roe, Civic Planning Solutions, agent for David and Jacqueline Fehr MALAHIDE 53250 College Line FIGURE 1 Part of Lot 34, Concession 9 Township of Malahide OFFICIAL PLAN DESIGNATION AGRICULTURAL ZONING A1 A1 GENERAL AGRICULTURAL GE RA A G ING LL WE D A1 1.6 H a 3.7 H a ( 4 a cre s) (9 .2 acr es ) 61.7 m 347.2 m (1,139 ft) (202 ft) C OL LE GE LI NE A1 LANDS TO BE SEVERED AND REZONED FROM 'GENERAL AGRICULTURAL' ('A1') TO 'SMALL LOT AGRICULTURAL' ('A4') o LANDS TO BE RETAINED AND REZONED FROM 'GENERAL Metres AGRICULTURAL' ('A1') TO 'SPECIAL AGRICULTURAL' ('A2') 0204080 39 40 41 42 43 NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE TOWNSHIP OF MALAHIDE TAKE NOTICEthat the Township of Malahide has received a complete application for a proposed Zoning By- law Amendment. APPLICANT:Civic Planning Solutions Inc. (David Roe)on behalf of MacVicar Farms Ltd.,ownersof part of Lot24, Concession 12,Township of Malahide. The lands affected by the amendment are known municipally as 46634 Ron McNeilLine,situated on the north side of Ron McNeilLine(County Road No. 52)east of BelmontRoad. AND TAKE NOTICEthat the Council of the Corporation of the Township of Malahide will hold a public meeting onThursday, December 3rd, 2020,at 7:30 p.m.at the Malahide Community Place, 12105 Whittaker Road, Springfield to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. THE PURPOSE AND EFFECTof this amendmentis to change the zoningonasurplus farmdwellinglot proposed to be severed, which contains a single detached dwelling,from theLarge Lot Agricultural (A3) zone totheSmall Lot Agricultural (A4) zone, to permit the use of the proposed lot for residential purposes.The lot comprises an area of approximately 1.01hectares (2.5 ac), a frontage of 20.5metres (67.3 ft) and a depth of 345.1 metres (1,132ft). The zoning of the retained farm parcel, comprising an area of approximately 58 hectares (143ac), a frontage of 175metres (574ft) and a depthof 1,427 metres (4,682ft),is proposed to be re- zoned from theLarge Lot Agricultural (A3) zoneto the Special Agricultural (A2)zoneto prohibit the erection of a dwelling thereon.The change in zoning is being requested to fulfillconditionsof Application for Consent E 28-20grantedby the County of Elgin Land Division Committee. ANY PERSONmay attend themeeting in person or virtually and/or makea written or verbal representation in support of or in opposition to the proposed amendment.The public meeting will be available by clicking on the You Tube icon on the homepage of www.malahide.ca. Persons wishing to make a verbal statement virtually during the meeting are required to pre-register with the undersigned. IF ANY PERSON OR PUBLIC BODYdoes not make oral submissions at a public meeting, or make written submissions to the Council of the Corporation of the Township of Malahide before the by-lawis passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Township of Malahide to the Local Planning Appeal Tribunal. If a person or public body does not make oral submission at a public meeting, or make written submissions to the Township of Malahide before the by-law is passed, the personor public body may notbe added as a party to the hearing of an appeal before theLocal Planning Appeal Tribunalunless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISHto be notified of the adoption of the proposed amendment, or the refusal of a request to amend the Zoning By-law you must make a written request to the undersigned. ADDITIONAL INFORMATIONrelating to the proposed amendment may be obtained at the TownshipOffice. th DATEDat the Township of Malahidethis 11day of November,2020. M. Casavecchia-Somers, CAO/Clerk Township of Malahide, 87 John Street, South, Aylmer, Ontario.N5H 2C3 519-773-5344 44 610 PRINCESS AVENUE LONDON, ON N6B 2B9 TEL: (519) 686-1300 FAX: (519) 681-1690 E-MAIL: mbpc@mbpc.ca Memorandum To/Attention: Township of Malahide Date: November 30, 2020 From: Jay McGuffin Project No: 2010-003 Subject: Application to Amend the Township of Malahide Zoning By-Law No. 18-22 Part Lot 24, Concession 12,Township of Malahide, Ontario 46634 Ron McNeil Line Applicant: Civic Planning Solutions Inc. (David Roe) Registered Owner: MacVicar Farms Ltd. Purpose An application has been made to amend the Township of Malahide Zoning By-Law No. 18-22 to re-zone lands occupied by a single detached dwelling from Large Lot Agricultural (A3)toSmall Lot Agricultural (A4). The remainder of the farm is proposed to be re-zoned to Special Agricultural (A2). There-zoning is required to satisfy conditions of approval for consent (E 28-20)to create a lot for a surplus farm dwelling as a result of a farm consolidation. This application is also related to Official Plan Amendment No. 17 (OPA No. 17) which was adopted by the Township of Malahide on November 7, 2019 and subsequently approved by the County of Elgin on December 12, 2019. The Amendment came into effect on January 9, 2020. (Further discussion on OPA No. 17 is contained in this report under the Malahide Official Plan.) Subject Site The subject lands are legally known as part of Lot 24, Concession 1 in the Township of Malahide and municipally known as 46634 Ron McNeil Line, situated on the north side of Ron McNeil Line (County Road No. 52) east of Belmont Road. The lands in total comprise approximately 59 hectares (145.8 acres). The parcel to be severed comprises an area of approximately 1.01 hectares (2.5 acres) with approximately 20.5 metres (67.3 ft) of frontage and a depth of approximately 345.1 metres (1,132 ft).The parcel contains a single detached dwelling (circa 1960).Services are provided by means of a private drilled well and individual septic system. Access to the parcel is provided by means of an existing driveway entrance toRon McNeil Line. The balance of the lands, being the remaining farmland to be retained, comprise an area of approximately 58 hectares (143 acres), a broken frontage of approximately 175 metres (574 ft) and a depth of approximately 1,427 metres (4,682 ft).The parcel is occupied by an existing storage barn, with the majority of the lands cleared for agricultural purposes with the exception of a woodlot occupying the 45 southeast corner of the parcel. Access to the farm is available from Ron McNeil Line and from Mapleton Line. The subject lands are designated , with the aforementioned woodlot . The lands are designated The woodlot feature is on 1and-significant Woo. A . The lands are zoned Large Lot Agricultural (A3) on Map 17of the Township of Malahide Zoning By-Law No. 18-22. Provincial Policy Statement The Provincial Policy Statement (PPS) discourages residential lot creation in prime agricultural areas except in the case of an existing residence declared surplus to a farming operation as a result of farm consolidation (Section 2.3.4.1c).Planning authorities are to ensure that residential dwellings are prohibited on the remnant parcel of farmland. The parcel to be severed is the result of a surplus dwelling from a farm consolidation as granted by the County of Elgin Land Division Committee (Application E 28- 20).The agricultural lands are operated as a bona fide farm operation and are to be consolidated with the home farm operation located at 10867 Belmont Road in the Municipality of Central Elgin. There is no stipulation in the PPS with respect to the location of other farm holdings which are to form part of the corporate farm consolidation. The PPS focuses the legitimacy of bona fide surplus dwelling scenarios on whether farm consolidation has taken place that is, the acquisition of additional farm parcels to be operated as one farm operation rather than the particulars of farm ownership, the residency of the owner(s) and the location of additional farm holdings. The subject lands in this instance comprise part of a larger farm operation being managed by a bona fide farm corporation. Under Section 2.3.4.1 of the PPS, it is stated that: c) the new lot will be limited to a minimum size needed to accommodate the use and The County of Elgin Land Division Committee and the Township of Malahide have determined that the size of the severed lot is appropriate for its intended residential use. No productive agricultural land is being removed or compromised by creating the new lot. Policies in the PPS with respect to the natural heritage feature are relevant to the application (insofar as it applies to the significant woodland on the lands being retained): 2.1.5 Development and site alteration shall not be permitted in: a) significant wetlands in the Canadian Shield north of Ecoregions 5E, 6E and 7E1; b) significant woodlands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River); c) significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River); d) significant wildlife habitat; e) significant areas of natural and scientific interest; and 46 f) coastal wetlands in Ecoregions 5E, 6E and 7E1 that are not subject to policy 2.1.4(b) unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Fragmentation of the woodlot feature (which itself is limited to a small area) is not proposed. The lands being severed are well removed from and beyond the 120 metre trigger distance associated with the preparation of an Environmental Impact Study (EIS). County of Elgin Official Plan The subject site of the County of Elgin Official Plan. farm dwellings are contained in Section E1.2.3.4 b) of the Official Plan as follows: te a habitable residence that has become surplus to a farming operation as a result of a farm consolidation provided that the development of a new residential use is prohibited on any retained parcel of farmland created by the consent to sever, unless the retained parcel is the product of the merging in title of two adjacent agricultural parcels in which case a dwelling unit would be permitted as part of the operation; The general consent policies of the Plan (Section E1.2.3.1) are as follows: Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Prior to issuing provisional consent for a new lot for any purpose, the approval authority shall be satisfied that the lot to be retained and the lot to be severed: a) fronts on and will be directly accessed by a public road that is maintained on a year- round basis; b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County permits a request for access; c) will not cause a traffic hazard; d) has adequate size and frontage for the proposed use in accordance with the local municipal Zoning By-law; e) notwithstanding d) above, where a zoning by-law amendment or minor variance is required, approval of such amendment or variance shall be included as a condition of the approval of the consent; f) can be serviced with an appropriate water supply and means of sewage disposal, provided there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services; g) will not have a negative impact on the drainage patterns in the area; h) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; i) will not have a negative impact on the significant features and functions of any natural heritage feature; in this regard, lots should be restricted in size in order to conserve other lands in larger blocks for natural heritage purposes; j) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; k) will not have an adverse effect on natural hazard processes such as flooding and erosion; 47 l) will conform with the local Official Plan; and, m) will conform to Section 51 (24) of the Planning Act, as amended. The proposed Zoning By-law amendment would be in conformity with the County of Elgin Official Plan. With respect to natural heritage features (Section D1.2.3), the preparation of an EIS is not required. Malahide Official Plan As previously noted, the related Official Plan Amendment No. 17 was adopted and approved in 2019. This amendment had the effect of eliminating a requirement for surplus farm dwelling severances that minimum of one existing farm dwelling within the amalgamated Township of Malahide must be retained by the proponent corporate farm operation, or a registered owner of the proponent corporate farm Neither the PPS 2020 nor the County of Elgin Official Plan contain such a restriction. It should be noted that the surplus farm dwelling severance policies of the Malahide Official Plan were previously amended by OPA #10 (J. G. Walker Land & Cattle Co. Inc.), approved on September 9, 2014. that only one surplus farm dwelling severance be permitted for each farm consolidation was removed. In both the case of the Walker and applications were filed -(i.e. to permit a severance farm dwelling severance on a particular property). After undertaking a thorough review of the applicable policies and their potential ramifications, Council ultimately approved as a change in policy affecting all surplus dwelling severances in the Township. Farm consolidation has occurred to the extent where productive agricultural lands have been and municipality. The location of additional farm holdings beyond the municipal boundaries of the Township of Malahide does not undermine the fundamental intent behind the allowance of surplus farm dwelling severances. Policies regarding severances of surplus farm dwellings are contained in Section 2.1.7 of the Official Plan. An analysis of these policies with regard to the application is contained below. 2.1.7 Farm Consolidation and Severance of Surplus Farm Dwellings 2.1.7.1 In accordance with the Provincial Policy Statement, farm consolidation shall mean the acquisition of additional farm parcels to be operated as one farm operation. Farm consolidation may result in the identification of existing farm dwellings which are rendered surplus to the consolidated farm operation. Consents to sever and convey existing farm dwellings which were built and occupied for a minimum of ten years,and which are surplus to a consolidated farm operation, may be permitted within the Agriculture designation in accordance with the following policies: a) In the opinion of Council, a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area of the subject lands. crop production. Residential development in the vicinity is limited.No intensive livestock operations have been identified by the applicant in close proximity to (i.e. within 750 m) the proposed residential lot. The applicant has confirmed that a barn situated on the lands being retained is used for 48 equipment storage only. 2.1.7.2 The severed lot with the surplus farm dwelling shall: a) Be large enough to support a private sanitary sewage treatment and disposal system as determined by the appropriate approval authority, and be serviced by a potable water supply. The new lot measures 1.01 hectares (2.5 ac) in area,including lands associated with the existing single detached dwelling,surrounding outdoor amenity area and laneway access which utilizes a former road allowance. No lands under cultivation are proposed to be removed (as indicated on the survey) and the Land Division Committee has accepted the dimensions and area of the proposed lot subject to the owners satisfying the usual conditions with respect to water supply and sanitary waste disposal. b) Be situated within approximately 100 metres of an opened travelled road and should not be positioned so as to require cultivatable farmland as part of the severed lot. The existing dwelling unit is situated approximately 320 metres (1,050 ft) from Ron McNeil Line. While the dwelling exceeds 100 metres as stated above, the land in question does not include any cultivatable farmland as part of the front yard. c) Meet the provisions of the applicable Minimum Distance Separation formula of OMAFRA. The application for consent (Section 19) indicates that there are no livestock buildings or structures within 750 metres (2,461 ft) of the proposed severed lands. d) Be rezoned in a Special Agricultural Zone in the Zoning By-law. The subject site is currently zoned Large Lot Agricultural (A3) and an application has been made to rezone the surplus farm dwelling to Small Lot Agricultural (A4) The proposed zone change is consistent with established practice in applying zoning to lots of this size (i.e. greater than 1 ac). 2.1.7.3 The severed lot with the surplus farm dwelling may: a) Include accessory buildings and structures if in the opinion of Township Council a land use conflict will not be created. Farm buildings which may be incompatible with the existing dwelling on the lot proposed to be severed may be required to be removed as a condition of the severance. Their location on the farm and the structural condition of such farm buildings will be evaluated as part of the planning process. The parcel does not contain any accessory buildings or structures. Any new construction would be subject to the accessory use provisions of the A4 zone. 2.1.7.4 The parcel of property constituting the retained agricultural lands shall: a) Comprise a size appropriate for the type of agricultural use(s) common in the area and be sufficiently large to maintain flexibility for future changes in the type or size of agricultural operation. The retained farm lot comprises an area of approximately 58 hectares (143 acres). Through the Application for Consent E 28-20, the County of Elgin Land Division Committee had no concerns regarding the lot size as proposed. b) Meet the provisions of the Agricultural (A1) or Special Agricultural (A2) Zone regulations of the Zoning By-law. The farm parcel is proposed to be re-zoned to Special Agricultural (A2) as noted in item c) below. 49 c) Be rezoned to prohibit the placement, development, or establishment of any additional type or form of residential dwelling units thereon, regardless of changes in property boundary or ownership. The lands to be retained would be appropriately re-zoned to Special Agricultural (A2) to prohibit a dwelling from being erected thereon. Based on these considerations, the application maintains conformity with the Official Plan. With respect to natural heritage features and locally significant woodlands (Section 2.5.4.3), the preparation of an EIS is not required in this instance. Zoning By-Law No. 18-22 The subject lands are zoned Large Lot Agricultural (A3) on Map 17 of the Township of Malahide Zoning By-Law No. 18-22.This zone permits a range of uses including agricultural,agri- tourism, forestry use,market garden operations, plant nurseries and riding schools. Residential uses are also permitted. The severed lot is proposed to be zoned Small Lot Agricultural (A4). The lot satisfies the minimum lot area requirement of 2,000 sq m but would have less than the minimum lot frontage requirement of 30 m of the A4 zone. Based on a survey provided with the application, all other requirements of the By-law are capable of being satisfied with the exception of the maximum lot depth to lot frontage ratio of 3:1. The proposed lot has a frontage of 20.5 m and a lot depth to frontage ratio of 16.8:1. - Agricultural (A4-#) zoning is required to permit these deficiencies. While the lot depth to lot frontage ratio appears to represent a significant departure from the By-law standard, it reflects the existing dwelling setback from Ron McNeil Line as well as a desire to maintain a modest, yet functional, lot frontage in order to avoid the loss of productive agricultural. Under the circumstances, the trade-off between a breech in the lot depth to lot frontage ratio and the removal of cultivated land is considered appropriate. Theretained lot is proposed to be re-zoned to Special Agricultural (A2). The parcel would satisfy the minimum lot area and lot frontage requirements (20 ha and 150 m respectively)of the A2. The existing --# zoning would be required to permit this deficiency. Recommendation Based on the above analysis, the proposed zoning by-law amendment to rezone the lands to be severed from Large Lot Agricultural (A3) to Small Lot Agricultural (A4) and the lands to be retained from Large Lot Agricultural (A3) to Special Agricultural (A2) is consistent with the PPS, conforms to the County of Elgin Official Plan and Township of Malahide Official Plan,and maintains the general intent and purpose of the Zoning By-Law. It is recommended that: The parcel to be severed be rezoned from Large Lot Agricultural (A3) to Small Lot Agricultural (A4) to permit its size and use for residential purposes; 50 --#) to permit a reduced lot frontage as well as an increased lot depth to lot frontage ratio. The parcel to be retained be rezoned from Large Lot Agricultural (A3) to Special Agricultural (A2) to prohibit the erection of a dwelling thereon. ite--#) to permit a reduced side yard width for the existing barn. The -law be considered for adoption. Yours very truly, MONTEITH BROWN PLANNING CONSULTANTS (digitally signed) Jay McGuffin, MCIP, RPP Vice President, Principal Planner JMC;ds 51 APPLICATION FOR A ZONING BY-LAW AMENDMENT Township of David Roe, Civic Planning Solutions, agent for MacVicar Farms Ltd. MALAHIDE 46634 Ron McNeil Line FIGURE 1 Part of Lot 24, Concession 12 Township of Malahide 85 m (279 ft) 90 m (295 ft) OFFICIAL PLAN DESIGNATION AGRICULTURAL A1 ZONING 140 m (459 ft) A1 GENERAL AGRICULTURAL A3 LARGE LOT AGRICULTURAL A1 n i a r D n w o r B e c u r B n i a r D h e l p e i H 143 .3 a c (58 Ha ) FARM A3 ) t f 7 0 2 ( m BUILDING 3 6 DWELLING FARM BUILDING 38. 8 H a (95 .8 ac res ) 2. 3 ac (0.9 3 H a) ) t f 1 3 1 ( m 0 4 m 0 2 ) t f 5 6 ( DETAIL LANDS PROPOSED TO BE RE-ZONED FROM 'LARGE LOT AGRICULTURAL' ('A3') TO 'SMALL LOT AGRICULTURAL' ('A4') Metres LANDS PROPOSED TO BE RE-ZONED FROM 'LARGE LOT 075150300 AGRICULTURAL' ('A3') TO 'SPECIAL AGRICULTURAL' ('A2') 52 -----Original Message----- From: Marj steenbergen Sent: November 25, 2020 1:23 PM To: Michelle Casavecchia-Somers <MCasavecchia@malahide.ca> Subject: Zoning change for 46634 Ron McNeil Line, Aylmer To whom it concerns I am in favour of the zoning change from agricultural for 46634 Ron McNeil Line Aylmer to residential. Marj Steenbergen Sent from my iPad 53 54 55 56 57 NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE TOWNSHIP OF MALAHIDE TAKE NOTICE that the Township of Malahide has received a complete application for a proposed Zoning By-law Amendment. APPLICANT: Civic Planning Solutions Inc. (David Roe) on behalf of Robert, Jean & Jason Nicholson, owners of part of Lot12, Concession 5 in the Township of Malahide. The lands affected by the amendment, known municipally as 49542 and 49664 John Wise Line,are situated on the north side of John Wise Line west of Hacienda Road in the Township of Malahide. AND TAKE NOTICE that the Council of the Corporation of the Township of Malahide will hold a public meeting on Thursday, December 3rd, 2020, at 7:30 p.m. at the Malahide Community Place, 12105 Whittaker Road, Springfield to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. THE PURPOSE AND EFFECT of this amendment is to change the zoning on a small parcel occupied by a shop and proposed to be severed and merged in name and title with an existing residential lot to the south (49664 John Wise Line), from the Rural Residential (RR) Zone-Rural Residential (RR-#) Zone.The resulting enlarged parcel comprises an area of approximately 3,462.5 sq m (0.3 ac), a frontage of 62.5 metres (205 ft) and a depth of 55.4 metres (182 ft). The existing lot would also be re-zoned from RR to RR-# to ensure that the zoning of the enlarged parcel is consistent.-specific (RR-#) zoning would recognize a minor side yard deficiency for the shop. The remaining lands, being the retained parcel (49542 John Wise Line), are zoned General Agricultural (A1) and would remain as such. The change in zoning is being requested to satisfy conditions of Applications for Consent E 30-20 and E 31-20 granted by the County of Elgin Land Division Committee. ANY PERSON may attend the meeting in person or virtually and/or make a written or verbal representation in support of or in opposition to the proposed amendment. The public meeting will be available by clicking on the You Tube icon on the homepage of www.malahide.ca. Persons wishing to make a verbal statement virtually during the meeting are required to pre-register with the undersigned. IF ANY PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Council of the Corporation of the Township of Malahide before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Township of Malahide to the Local Planning Appeal Tribunal. If a person or public body does not make oral submission at a public meeting, or make written submissions to the Township of Malahide before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, or the refusal of a request to amend the Zoning By-law you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Township Office. th DATED at the Township of Malahide this 11 day of November, 2020. M. Casavecchia-Somers, CAO/Clerk Township of Malahide, 87 John Street, South, Aylmer, Ontario.N5H 2C3 519-773-5344 58 610 PRINCESS AVENUE LONDON, ON N6B 2B9 TEL: (519) 686-1300 FAX: (519) 681-1690 E-MAIL: mbpc@mbpc.ca Memorandum To/Attention: Township of Malahide Date: November 27, 2020 From: Jay McGuffin Project No: 2010-001 Subject: Application to Amend the Township of Malahide Zoning By-Law No. 18-22 Part of Lot 12,Concession 5,Township of Malahide, Ontario 49542 & 49644 John Wise Line Agent: Civic Planning Solutions Inc. (David Roe) Registered Owners: Robert, Jean & Jason Nicholson Purpose An application has been filed to amend the Township of Malahide Zoning By-Law No. 18-22tochange the zoning of the above-noted lands from Rural Residential (RR)to-Rural Residential (RR-#). The residential lot to the south (to which the subject lands is being conveyed) is owned by (according to Elgin Mapping) Robert and Jean Nicholson and is currently zoned RR. It is intended that the zoning of the enlarged parcel remains consistent throughout as RR-#.The change in zoning has been requested to satisfy conditions associated with Consent Application E 30-20 granted by the Land Division Committee of the County of Elgin. Subject Site The parcel proposed to be severed by Consent application E 30-20 and re-zoned to RR is legally known as part of Lot 12, Concession 5 in the Township of Malahide,located on the north side of John Wise Line west of Hacienda Road. The lands comprise an area of approximately 1,312.5 square metres (0.3 ac), a depth of 21 metres (69 ft) and a width of 62.5 metres (205 ft). The parcel is occupied by a small accessory building described as a shop. The lands being enlarged (49644 John Wise Line) are occupied by a single detached dwelling. With the addition of the severed parcel (as noted above), the area of the re-sized lot would increase to approximately 3,462.5 square metres (0.9 acres). The enlarged parcel would continue being used for residential purposes with no new buildings or structures being proposed. The lands to be retained comprises an area of approximately 34.6 hectares (85.4 ac), a frontage of 307 metres (1,007 ft) and a depth of850 metres (2,789 ft).The parcel comprises cultivated agricultural land and is occupied by two single detached dwellings, shop, garage and barn. No change in use is proposed. The subject lands are designated on 1. A portion of the lands The lands (severed and existing lot being enlarged) 59 are zoned Rural Residential (RR) on SchedMap63of the Township of Malahide Zoning By-Law No. 18-22. The retained farm parcel is zoned General Agricultural (A1). Provincial Policy Statement With respect to lot additions and enlargements, the Provincial Policy Statement (PPS) states as follows: Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. (Section 2.3.4.2) Legal or technical reasons: means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. (page 43) It is noted that the.The lands being severed and added to the existing residential lot in this instance are occupied by a shop and are used as landscaped open space associated with the lot to which they are being added. The lands are not being removed from agricultural production. Further, the lot enlargement would serve to better reflect the actual limits of the parcel being used for residential purposes, where no new lot would be created. The boundary adjustment is contemplated and permitted in both the County of Elgin Official Plan and the Township of Malahide Official Plan (discussed below) and is consistent with the PPS. County of Elgin Official Plan Official Plan. Lot additions/boundary adjustments are as follows: Boundary Adjustments A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the approval authority shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition, the approval authority shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected (Section E1.2.3.2). The proposed boundary adjustment appears justified and appropriate under the afore-mentioned policy direction. The County of Elgin Land Division Committee, in granting Application for consent E 30-20, has determined that the consent is appropriate. The proposed Zoning By-law amendment, based on the information available, would be in conformity with the County of Elgin Official. Malahide Official Plan The subject site is located i1 Official Plan. Policies regarding lot enlargements and boundary adjustments are as follows: 60 Consents for lot adjustments, lot additions, minor boundary changes, easements and rights- of way, or correction of title are permitted in any land use designation, provided the severed and retained parcels comply with the other applicable requirements of this Plan, and the Zoning Bylaw. (Section 8.7.1.7) Similar to the County of Elgin Official Plan, the approach in the Malahide Official Plan has been not to The severance would have the effect of ensuring that all land currently used for residential purposes is under one ownership.Thelot enlargement and resulting re-zoning to --#) is considered appropriate. been identified: one gas well being situated approximately 45 -50 metres east of the subject lands and another gas well being situated approximately 200 metres to the east. The following policy is of relevance: 2.3.2.3 New development shall be set back a minimum of 75 metres from existing petroleum being equivalent to the setback required under the Oil, Gas and Salt Resources Act for new wells from existing development. Where development is proposed adjacent to or above pools or deposits, the Province shall be consulted regarding measures to allow possible future access for resource production purposes. New development, buildings or structures, and the creation of a new lot is not being proposed in this instance. Future access and maintenance to either gas well would not be impeded. Based on the foregoing, the proposed zoning by-law amendment is considered to be in conformity with theTownship of Malahide Official Plan. Zoning By-Law No. 18-22 The lands proposed to be severed and added to the abutting residential lot to the south are zoned Rural Residential (RR) in the Township of Malahide Zoning By-law. The lands to which the severed lands are being added are, similarly, zoned Rural Residential (RR). A re-- (RR-#) is proposed to provide for a minor deficiency with respect to side yard width. For accessory buildings, a minimum side yard width of 1.2 metres is required (Section 6.3.2 e) whereas the existing shop has a side yard of 1.0 metres. Based on mapping provided with the application, all other yard and setback standards of the RR zone would be satisfied. Recommendation Based on the above analysis, the proposed zoning by-law amendment to rezone the subject lands (lands being severed and lands being enlarged) from Rural Residential (RR) to- (RR-#) is consistent with the PPS, conforms to the County of Elgin Official Plan and Township of Malahide Official Plan, and maintains the general intent and purpose of the Zoning By-Law. 61 It is recommended: The subject lands be rezoned from Rural -- #) to permit the consolidation of abutting parcels and permit a minor side yard width deficiency with respect to the existing accessory building thereon; ning By-law be considered for adoption. Yours very truly, MONTEITH BROWN PLANNING CONSULTANTS (digitally signed) Jay McGuffin, MCIP, RPP Vice President, Principal Planner JMC;ds 62 APPLICATION FOR A ZONING BY-LAW AMENDMENT Township of David Roe, Civic Planning Solutions, agent for Robert, Jean, MALAHIDE and Jason Nicholson FIGURE 1 49542 & 49664 John Wise Line Part of Lot 12, Concession 5 Township of Malahide OFFICIAL PLAN DESIGNATION A2 AGRICULTURAL ZONING 410 m (1,345 ft) A1 GENERAL AGRICULTURAL A2 SPECIAL AGRICULTURAL A3 LARGE LOT AGRICULTURAL A4 SMALL LOT AGRICULTURAL A4 A2 A1 A2 A1 34 .5 H a (85 .4 a c) A2 0.1 3 H a SHED (0.3 2 a c) 62 .5 m (2 05 f t) 38. 8 H a 0. 2 Ha (95 .8 ac res ) DWELLING (0.5 3 a c) RR A4 30 7 m (1,0 07 f t) 62 .5 m (2 05 f t) RR JO HN WISE LINE DETAIL LANDS PROPOSED TO BE SEVERED, MERGED WITH ABUTTING LANDS TO SOUTH AND RE-ZONED FROM 'RURAL RESIDENTIAL' ('RR') TO 'SITE-SPECIFIC RURAL RESIDENTIAL' ('RR-#') o EXISTING LOT TO BE RE-ZONED FROM 'RURAL RESIDENTIAL' TO 'SITE-SPECIFIC RURAL RESIDENTIAL' (RR-#') Metres 050100200 LANDS PROPOSED TO BE RETAINED 63 64 65 66 67 Report toCouncil REPORT NO.:F-20-14 DATE: November 25, 2020 ATTACHMENT:Quotation Sheets SUBJECT:Emergency Management Ice Breaking Services Recommendation: THAT Report No. F-20-14Ice Breaking received; THAT Malahide Township, as the benefiting municipality, in conjunction with the Catfish Creek Conservation Authority,does hereby accept the quotation submitted by Laemers Excavatingto provide Ice Breaking Services in Port Bruce fromJanuary 1to March 31, 2021; AND THAT the Catfish Creek Conservation Authority be requested to notify Laemers Excavatingto have the Long Arm Excavatorremain on-site in Port Bruce fromJanuary1 to March 31, 2021, at a cost of $2,500.00per month, plus $500.00 move in costs (plus applicable taxes)and a working hourly rate of $175.00 per hour. Background: In previous years, the early mitigation and removal of ice in the harbor area was beneficial in alleviating potential flood conditions in Port Bruce during this period. Comments/Analysis: Last year, the accepted quotation for Ice Breaking Services was from Higgs & Higgs Construction Limited. The dragline remained on-site in Port Bruce from January1 to March 31, 2020, at a cost of $4,400.00 per month, plus $1,500.00 move in and rigging costs (plus applicable taxes), and a working hourly rate of $195.00 per hour, and a standby rate of $95.00per hour if required. The estimated costfor 2021to proceed with Laemers Excavating is $8,000.00 plus additional costs for emergency call-ins and working hours. The 2020 estimated cost with theprevious contractor was $14,700.00. 68 This year, the Municipal Staffare recommending the use of a Long ArmExcavator and not a Drag Line. The Staff have had conversations with Frank Laemers on the ability of the Long ArmExcavator to complete work similar to that of the Drag Line and how the shorter reach of the Long Arm could be overcome. The Director of Public Works and the Director of Fire & Emergency Servicesare satisfied with the responses and work plan proposed by Laemers. In addition, the recent flood mitigation measures (ie. vegetation removal next to breakwall which created an additionalspillway for flood waters) that were undertaken by the municipality have also provided supportinallowing the Staff to be able to makethis recommendation. Financial Implications to Budget: As the ice breaking equipment is to be in place for January 1, 2021through March 31, 2021, sufficient funding for the proposed project/program will be included in the Draft 2021Budget. Relationship to Cultivating Malahide: The Cultivating MalahideIntegrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Local Government. Emergency management and preparedness byboth the Township and the Public are contributing factors in keeping the community safe. Ice breaking services mitigates the potential for ice jams forming in the Catfish Creek and spring flooding in the Village of Port Bruce. Submitted by:Approved by: Brent Smith 69 CATFISH CREEK CONSERVATION AUTHORITY --765-1489 e- November 12, 2020 Township of Malahide 87 John Street South Aylmer, Ontario N5H 2C3 Attention: Michelle Casavecchia-Somers, CAO Dear Michelle: Subject: Ice Breaking Services Port Bruce The Catfish Creek Conservation Authority Board of Directors met on November 12, 2020, and passed Motion# 108 / 2020 indicating the following: THAT, the Catfish Creek Conservation Authority forward the quotation for the dragline and the quotation for the review and consideration. The quotes submitted by Higgs and Higgs Inc., and Lemers are attached for your consideration. The Lemers quote provides options for equipment as required or on standby per month. provision of this service in 2021. Please feel free to contact me if you have any questions about these quotes. Sincerely, Christopher Wilkinson General Manager / Secretary-Treasurer Cc: Peter Dragunas, Watershed Technician, CCCA Brent Smith, Fire Chief, Township of Malahide, Gwen Tracey, Coordinator, Township of Malahide, 70 HIGGS & HIGGS INC 6179 Centennial Rd., St. Thomas, Ontario N5P 3S8, phone 519-775-0101 October 15, 2020 Quote for CatfishCreek ConservationAuthority RE: Ice Breaking Services - Port Bruce January 1 – March 31, 2021 2010835 LiebherrDraglinew/110ftof boom $4,400.00 + HST per month $1,500.00 + HST move in and rigging costs $190.00 + HST hourly rate $95.00 +HST standby rate per hour Higgs & Higgs Inc. Verne Higgs Cell - 519-872-6763 Email – vhiggs@rogers.com 71 72 Report toCouncil REPORT NO.:PS-20-55 DATE: November 24, 2020 ATTACHMENT:Tender Summary SUBJECT:Tender Award Tandem Dump TruckComplete with Winter Control Equipment Recommendation: THAT Report No.PS-20-55Tandem Dump Truck Complete with Winter Control Equipment be received; AND THAT the bid received from Team Truck Centres,of London, Ontario,in the amount of $356,300.00(plus applicable taxes), for the purchase of onenew tandem dump truck complete with winter control equipment be accepted. Background: The current fleet replacement schedule identifies the replacement of one plow truck in 2021.Through an extensive fleet review completed in 2018, the Municipal Staff identified a possible reduction in the large truck fleet by one unit at the time of the 2021 replacement. The proposed tandem snow plow purchasewhich is also capable of applying anti-icing -will replace an existing 2005Stirling tandem snow plow and an existing2005 Mack anti-icing/brine truck. The Municipal Staff issued atenderonOctober 26, 2020for one Tandem Dump Truck with Winter Control Equipment--icing unit), with an anticipated delivery in the late Fall,2021. The tender was open for three (3) weeks, closing at 11:00a.m.local time on November 16, 2020,with four bids received.The two lowest priced bids do not meet tender specifications, and therefore are not being recommended by the Staff. 73 Comments/Analysis: The Staff havecarefully evaluated the bidsto verify that theyconform to the required vehicle specifications. Based on a thorough review, theStaffrecommendthat Council accept the bid submitted by Team Truck Centres,of London, Ontario,for the supply of one(1)new Freightliner Dump Truckcomplete with Winter Control Equipment with anestimated delivery in late 2021. Financial Implications to Budget: The Draft2021Capital Budget includes$350,000 for the replacement of one tandem truck in 2021through the Capital Equipment Reserve fund. Although therecommendedbid exceeds the estimated replacement costby $6,300.00, a comparison of recent tender results of similar tandem trucks with snow plow equipment determined the bid to be a fair price. There aresufficient funds in the Capital Equipment Reserve to fund the purchaseas submitted. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the infrastructure is equitably borne by current and future ratepayers. Submitted by:Approved by:Approved for Council: Ryan DeSutter,Matt Sweetland, P.Eng., Roads & Construction Director of Physical ManagerServices 74 TANDEM TRUCK TENDER RESULTS MALAHIDE TOWNSHIP OFFICE November 16, 2020 11:00 AM In attendance: Ryan DeSutter (Price per unit, Prices do not include HST) Dealership Model Meets Spec? Price /ğƩƩźĻƩ ƩǒĭƉ /ĻƓƷƩĻƭ ЋЉЋЊ LƓƷĻƩƓğƷźƚƓğƌ IЏЊЌ bƚ 9ƓŭźƓĻ υ ЌЎЋͲАЉЎ͵ЉЉ Ļğƒ ƩǒĭƉ /ĻƓƷƩĻƭ ЋЉЋЉ CƩĻźŭŷƷƌźƓĻƩ ЊЊЍ{5 Ώ 5Ļƒƚ bƚ .ƚķǤ υ ЌЎЌͲЉЉЉ͵ЉЉ Ļğƒ ƩǒĭƉ /ĻƓƷƩĻƭ ЋЉЋЋ CƩĻźŭŷƷƌźƓĻƩ ЊЊЍ{5 —Ļƭ υ ЌЎЏͲЌЉЉ͵ЉЉ Ļğƒ ƩǒĭƉ /ĻƓƷƩĻƭ ЋЉЋЋ ‘ĻƭƷĻƩƓ {ƷğƩ ЍАЉЉ{C —Ļƭ υ ЌАЊͲЎЉЉ͵ЉЉ 75 Report to Council REPORT NO.:CAO-20-19 DATE: November 26, 2020 ATTACHMENT:Draft By-lawas amended SUBJECT: DRAFT ANTI-IDLING BY-LAW Recommendation: THAT Report No. CAO-20-19Draft Anti-Idling By-law AND THATthe amended draft Anti-Idling By-law be supported as presented; AND THAT the Municipal Clerk be directed to finalize the draft by-law for submission to and approval by the Council at a future meeting. Background: Over the past few years, the Township has received complaints from residents regarding excessive idling of vehicles within Malahide. In response to those complaints, the Municipal Staff have worked with the Municipal Solicitor to prepare a draft Anti-Idling By- Comments/Analysis: The Municipal Act, 2001 provides that a local municipality may prohibit and regulate with respect to public nuisances, as well as authorizes a municipal council to pass a by- law respecting the health, safety and well-being of persons, and the economic, social and environmental well-being of the municipality. Idling engines may produce emissions that can cause health and air quality problems. In addition, excessive idling creates noise that may become a public nuisance. 76 Vehicle Idling Time Restrictions At the request of the Council, the proposed by-law has been amended to prohibit vehicles from idling for more than seven(7) consecutive minutes in a sixty (60) minute period. For comparison purposes and at the request of the Council, the Staff have conducted a high level review of 26other municipal by-laws to determine what time restriction was applied in those other municipalities regarding vehicle idling. The following werethe results: Vehicle Idling Time Restriction Number of Municipalities 1 minute per 60 minute period3 2 consecutive minutes per 60 minute period4 3 consecutive minutes per 60 minute period16 5 consecutive minutes per 60 minute period3 For reference, the Staff have surveyed the other municipalities in Elgin County to determine which also have an Anti-Idling By-law. The Staff have been advised that the Municipality of West Elgin has such a by-law and itstime restriction is 5 consecutive minutes per 60 minute period. Exemptions The amended draft by-law does recognize that there are some instances when it is necessary or recommended that vehicles idle for a period of time longer than the prescribed timeframe. As such, the by-law also includes a number of exemptions, such as: vehicles assisting in an emergency activity, armoured vehicles, vehicles engaged in anormal farm practice, etc. Enforcement As the Council is aware, the current practice is to enforce municipal by-laws based on this proposed by-law utilizing Staff and contracted By-law Enforcement Officersas necessary. Conclusion The Municipal Staff are recommending that the draft Anti-Idling By-law, as amended,be supportedby the Council and the Clerk be directed to finalize the draft by-law for approval by the Council at a future meeting. Financial Implications to Budget: N/A. 77 Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. Our LandTarget Efficient Energy Production & ConsumptionEnacting by-laws that focus on reducing environmental impacts and greenhouse gas emissionsworks to support this goal. Submitted by: Michelle Casavecchia-Somers, Chief Administrative Officer/Clerk 78 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW ____________________ BEING A BY-LAW TO PROHIBIT EXCESSIVE IDLING OF VEHICLES WITHIN THE TOWNSHIP OF MALAHIDE WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause a public nuisances; AND WHEREAS Subsection 11(2) of the Municipal Act authorizes a municipal council to pass a by-law respecting the health, safety and well-being of persons, and the economic, social and environmental well-being of the municipality; and, ANDWHEREAS Section 425 of the Municipal Act provides that a municipality may pass bylaws providing that a person who contravenes any by-law of the municipality is guilty of an offence; AND WHEREAS Section 435 of the Municipal Act provides for conditions governing the powers of entry of a municipality; AND WHEREAS Section 436 of the Municipal Act provides that a municipality has the power to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine compliance with a bylaw; AND WHEREAS vehicles aremay besources of carbon dioxide, nitrogen oxides, carbon monoxide, sulphur dioxides, volatile organic compounds, and fine particulate matter in the Township of Malahide; AND WHEREAS the Council of the Corporation of the Township of Malahide desires to assist in the reduction of adverse health effects by reducing the unnecessary emissions of nitrogen oxides, carbon monoxide, sulphur dioxides, volatile organic compounds, and fine particulate matter; AND WHEREAS the Township of Malahideis supportive of initiatives designed or intended to reduce harmful emissionsfrom entering the environment; NOW THEREFOREthe Council of the Corporation of the Township of Malahideenacts as follows: Section 1 -Definitions 1.1In this by-law, 79 IdleVehiclewhile the Vehicleis not in motion and not being used to operate auxiliary equipment that is essential to the basic function of the Vehicle, has a corresponding meaning; Mobile Workshop (a)aVehiclecontaining equipment that must be operated in association with the Vehicle; or (b)aVehicleserving as a facility for taking measurements or making observations which is operated by or on behalf of a municipal utility or a police, fire or ambulance service Vehicle; Normal Farm Practice (a)is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; or (b)makes use of innovative technology in a manner consistent with proper advanced farm management practices; OfficerMunicipal Law Enforcement Officer appointed or authorized by By-law to -laws; Private Transit Vehicles Townshipthe Township of Malahide; Vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and any vehicle drawn, propelled or driven by any kind of non-muscular power but does not include cars of electric or diesel electric railways running on rails. Sections2and 3-General provisions Section 2 2.1No person shall cause or permit a Vehicleto Idlefor more than three (3)seven (7) consecutive minutes in a sixty (60) minute period. Section 3 3.1Section 2 shall not apply to, (a)Vehicles assisting in an emergency activity; (b)Mobile Workshops while they are in the course of being used for their basic function; (c)Vehicles where idling is required to repair the Vehicleor prepare it for service; 80 (d)Armoured Vehicles where a person remains inside the Vehiclewhile guarding the contents of the Vehicleor while the Vehicleis being loaded or unloaded; (e)Vehicles required to remain motionless because of any emergency, traffic, weather condition or mechanical difficulty over which the person driving the Vehiclehas no control; (f)Vehicles engaged in a parade or race or any other event authorized by Council; (g)Private Transit Vehicleswhile passengers are embarking or disembarking en route or in terminals; (h)Vehicles transporting a person where a medical doctor certifies in writing that for medical reasons a person in the Vehiclerequires that temperature or humidity be maintained within a certain range; (i)Occupied Vehicles when the temperature outside the Vehicleis greater than twenty-seven degrees Celsius (27°C) including the humidex calculation or less than five degrees Celsius (5°C) including the windchill value as determined by the Environment Canada temperature readings; (j)Vehicles engaged in providing Township services; and/or (k)Vehicles engaged in a Normal Farm Practice. Section 4 -Administration and enforcement 4.1TheManager of Building and By-law Enforcement and others designated as Officers are responsible for the administrationand enforcement of this by-law. 4.2For the purposes of determining the outside temperature, an Officer may rely on the following information sources: (a)Environment Canada Weather Office; (b)The Weather Network. 4.3An Officer may, at all reasonable times, enter on land for the purpose of carrying out an inspection to determine compliance with this By-law. 4.4No person shall hinderor obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. Any person who is alleged to have contravened any of the provisions of this By-law, shall identify themselves to the Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of his duties. Sections5,6, and 7-Offences and penalties 81 Section 5 5.1Every person who contravenes any of the provisions of this by-law is guilty of an offence. 5.2Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O 1990, c. P.33, as amended. Section 6 6.1When a person has been convicted of an offence under this by-law, (a)the Ontario Court of Justice, or (b)any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted. Section 7 7.1Where a Vehicle has been left stopped in contravention of this By-law, the owner of the vehicle, even if the owner was not the driver of the Vehicle a the time of the contravention of the By-law, is guilty of an offence and is liable to a fine as provided in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, unless at the time of the offence the Vehicle was in the possession of some person other than the owner without Section 8-Interpretation 8.1In this by-law, (a)words importing the singular number only include more persons, parties or things of the same kind than one (1) and the converse; and (b)a word interpreted in the singular number has a corresponding meaning when used in the plural. 8.2If a courtof competent jurisdiction declares any provision or part of a provision of this bylaw to be invalid or of no force and effect, it is the intention of the Council in enacting this by-law that each and every provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law. Section 9-Effective date This by-law shall come into force and take effect on January 1, 2021. 82 Section 10-Short title This by-- READ a FIRST and SECOND time this _________day of ____________, 2020. READ a THIRD time and FINALLY PASSED this ______________________day of _________________, 2020. ________________________________ Mayor, D. Mennill ________________________________ Clerk, M. Casavecchia-Somers 83 Topic: Port Bruce - Proposal for a launch for non-motorized water craft The Port Bruce Ratepayers Association wish to submit a proposal to convert a temporary boat ramp for use as a public launch site for canoes, kayaks, paddleboards and other such water conveyances. A temporary boat ramp was installed and financially supported by The County of Elgin and the Township of Malahide on the north side of Catfish Creek on Bank Street. This was put in place to supply a boat launch for North Erie Marina during the construction of the new bridge in Port Bruce. When the bridge construction is completed, this launch is scheduled to be removed. The use of this site would provide a safe location for the use of such craft. In past years, a site located at the south bridge abutment has been used by the public to launch small water vessels, such as canoes etc., at no expense to the users. This site has been used historically since the original bridge has been in place. If consideration would be given to convert a temporary boat launch to a permanent launch, for small non-motorized water vehicles, we feel that this could be accomplished at minimal expense. With the placement of a line of concrete blocks and necessary signage to prevent access of motor vehicles and boat trailers to this site, a safe location to launchsmall water vessels at a very low cost could be provided. Parking for vehicles could be located at the Welcome Sign grassed lot. Our reason for this endeavour is to encourage more forms of outdoor exercising. Non-motorized water crafts not only promote healthy lifestyles but are environmentally friendly. Elgin County in recent years has been adding bike lanes to roads, encouraging fitness and promoting ecotourism. This project would dovetail nicely with that effort. Another bonus in converting this temporary launch to a permeant launch is that fish habitant would not be disturbed again during the removal process that would need to take place if the launch was removed. Thank you in advance for considering our request. We know that with your help, Port Bruce can continue to be a beautiful, clean, green environment for our community and visitors to treasure. The Port Bruce Ratepayers Association Regards Linda Newman/ PBRA Chairperson Jerry Lee/ PBRA Past Chair 84 November 19, 2020 Ms. Michelle Casavecchia-Somers Via Email Chief Administrative Officer/Clerk Township of Malahide 87 John St. South Aylmer, ON N5H 2C3 Dear Ms. Casavecchia-Somers: th On April 5, 2019 the Ministry of the Environment, Conservation and Parks (MECP) posted proposals to amend the Conservation Authorities Act (CA Act) with the goal to encourage Conservation Authorities to focus and deliver on their core mandate, and to improve governance. The proposed changes were passed in June 2019 as part of Bill 108 More Homes, More Choice Act. The details of many of these changes were left to forthcoming regulations. Kettle Creek Conservation Authority was actively involved in provincial consultation on the proposed CA Act changes with members attending multi-stakeholder consultations sessions in February 2020. On November 5, 2020 the Province introduced Bill 229 Protect, Support and Recover from COVID-19 Act (Budget Measures). Schedule 6 contains proposed changes to the CA Act. It is unclear how the changes included in Schedule 6 address issues or concerns raised during the February 2020 multi-stakeholder consultations. Moreover, it is difficult to fully contemplate the implications of the changes to KCCA, its member municipalities and the watershed community without the accompanying regulations. Therefore, at its November 18, 2020 Full Authority meeting Kettle Creek Conservation Authority considered the proposed changes to the CA Act and the Planning Act included in Bill 229 and passed the following motion: FA120/2020 Moved by: Grant Jones Seconded: Alison Warwick Whereas on November 5, 2020, the Province of Ontario introduced Bill 229, Protect, Support and Recover from Covid-19 Act (Budget Measures), which proposes amendments to the Conservation Authorities Act in Schedule 6; And whereas KCCA believes it has been working towards better accountability and transparency; And whereas KCCA has concerns about the proposed changes as outlined in Conservation Summary of Proposed Amendments to Conservation Authorities Act and Planning Act through Bill 229 and Implications 20; 85 Province of Ontario remove Schedule 6 from Bill 229 and allow for more time for communication of the regulations and communication of how these proposed changes address issues raised in the February 2020 multi-stakeholder consultations. Carried of Proposed Amendments to the Conservation Authorities Act and Planning Act through Bill 229 and Implications attached. Member municipalities will want to closely review amendments that would, if passed: No longer allow municipalities the ability to appoint a member of the public to the CA Board; Require members to act on behalf of their respective municipalities contradicting the fiduciary duty of a Board Member to represent the best interest of the CA and the watershed; Require agreements between CAs and municipalities for the delivery of non-mandated programs and services to be in place by the end of December 2021; Remove CAs as a public body under the Planning Act; Provide applicants with two pathways to appeal a decision of the Authority to deny a Section 28 permit or the conditions on a Section 28 permit. KCCA is requesting that the Province of Ontario remove Schedule 6 from Bill 229 and allow for the time necessary to clearly explain the proposed changes, how they address issues raised in the February 2020 multi-stakeholder consultations, and provide member municipalities and CAs with the opportunity to review and comment on the yet to be released corresponding regulations. KCCA encourages our member municipalities to do the same. Sincerely, Stephen Harvey Chair Kettle Creek Conservation Authority cc: Conservation Ontario Attachment: Conservation Authorities Act and Planning Act the he purpose ally elected the chair. - contradicts the fiduciary Authorities would be entitled to receive Should the Minister choose to Municipalities will no longer be There is no opportunity to manage . Conservation the public to the Board and The amendment that would require members to so assumed that these appointments would have Implications to It is al . . ting privileges as all members and Conservation Authorities Act legislative amendments through the regulations process as Bill n behalf of their respective municipalities No concernThere may be a municipal concern able to appoint a member of specification of There may be a municipal concern. appoint a member to represent the agricultural sector it is assumed that candidates would apply through the Public Appointments Secretariatsame voper diems and to be appointed as the chair or vice There may be a municipal concern.these 229 has removed the ability to prescribe by regulation, the composition, appointment, or qualifications of members of CAs.Significant concern. act oduty of a Board Member to represent the best interests of the corporation they are overseeing. It puts an individual municipal interest above the broader watershed interests further to tof the Act. 86 through Bill 229 and Implications the composition, present the shall generally act on Planning Act nd & faith a abrogation clause with respect - Summary of Proposed Amendments to the The duties of a member are amended, every The powers to define in regulation Description of Proposed Amendments minimum qualifications for a member of the Board Existing aboriginal or treaty rights Section 1 is amended to include a nonto aboriginal and treaty rights.Members of authority Section 14 is amended to ensure that the members of a conservation authority that are appointed by participating municipalities are municipal councillors. The Minister is given the authority to appoint an additional member to a conservation authority to reagricultural sector. appointment or have been repealed. member is to act honestly and in good behalf of their respective municipalities. an This to . What should requirements previously able; including Councillor interest and objects now reference and services and other Authorities s m , as a best practice, determines are advisable . Municipal progra Laws were completed by the to such standards and - .amendments to the legislation Conservation subject municipal mandatory programs and services to be - designed to further the conservation, meeting minutes rvices has not changed from the The basic framework of mandatory, municipal and Implications to CA Administrative ByPreviously the objects of an authority were to undertake endas and and services are s concern. No concern.December 2018 legislated deadline andalready address making key documents publicly availmeeting ag There may be a municipal concern.availability regarding this requirement is to be determined.No programs and services restoration, development and management of natural resources. is still reflected in the Purpose of the Act. Thethe mandatory and nondelivered. Theauthority may provide within its area of jurisdiction such other programs and services as the authorityfurther the purposes of this Act No concernSignificant concern.other program and seadopted but not yet proclaimedhas now changed is that program 87 They are to to provide the serve for more than two are to provide programs and cannot . expropriate land. lations. Description of Proposed Amendments amended to require that meeting agendas be available to chair is one year and they - chair objects of a conservation authority - Meetings of authorities Section 15 isthe public before a meeting takes place and that minutes of meetings be available to the public within 30 days after a meeting.be made available to the public online Chair/vice Section 17 is amended to clarify that the term of appointment for a chair or viceconsecutive terms. Objects Section 20 mandatory, municipal or other programs and services required or permitted under the Act and regu Powers of authorities Section 21 amendments to the powers of an Authority including altering the power to enter onto land without the permission of the owner and removing the power to Programs and Services Section 21.1 requires an authority to provide mandatory programs and services that are prescribed by regulation and meet the requirements set out in that section. Section 21.1.1 allows authorities to enter into agreements with participating municipalities s that end o municipalities indicate indicated of an amendment for coordination staff . It is noted that this Authorities mandatory and requiring - of the prescribed . Potentially the regulations could MECP staff further be a continuation andatory programs and services Conservation of the Act. that the M that the Transition period is proposed t This appears to . Subject to the availability purpose Implications to oard direction with regard to cost recovery and to Multiple appeals of fees have the potential to This appears to be an expansion of powers previously this date is anticipated to be challenging . ulations as may be prescribed by regulation. restrict what the Authority is able to do for its member or to further the Potential concern previously adopted but not yet proclaimed. MECPthe current expectation regulation is to be posted in the next few weekswill set the framework for what is then nonagreements and transition periods.interpreted to mean December 2021.regwith CA and municipal budget processes Some concern.undermine CA Bdivert both financial and staff resources away from the primary work of the conservation authority. No concern provided to the Minister. 88 significant the Act. The s charged a fee for a rovided under section compliance with - All programs and services must be * ny prescribed standards and ow a person to appeal the decision to the this new addition is addressed as a - he regulations. Description of Proposed Amendments NOTE * under Programs and Services above. services on behalf of the municipalities, subject to the regulations. Section 21.1.2 would allow authorities to provide such other programs and services as it determines are advisable to further the purposes of the Act, subject to tAn authority is required to enter into agreements with the participating municipalities in its jurisdiction if any municipal funding is needed to recover costs for the programs or services p21.1.2 (i.e. other program and services). A transition plan shall be developed by an authority to prepare for entering into agreements relating to the recovery of costs. provided in accordance with arequirements.concern Fees for programs and services Section 21.2 of the Act allows a person who iprogram or service provided by an authority to apply to the authority to reconsider the fee. Section 21.2 is amended to require the authority to make a decision upon reconsideration of a fee within 30 days. Further, the amendments allLocal Planning Appeal Tribunal or to bring the matter directly to the Tribunal if the authority fails to render a decision within 30 days.Provincial oversight New sections 23.2 and 23.3 of the Act would allow the Minister to take certain actions after reviewing a report on an investigation into an anything to prevent or remedy nonMinister may also recommend that the Lieutenant Governor in Council Should the Minister Authorities There is no reference to a Planning Act. appears that the CA may be required to Conservation he process prior to a LPAT hearing taking uthority and increase the amount of time be created to support the Minister and the A making processes. - These amendments provide two pathways for an These powers appear to be similar to a Minister For considering a permit application, the officer is Implications to Some conservation authorities use the cancellation of a The changes are to amendments previously adopted . these powers it is provided for under the r oncern. e other is to appeal directly to the Local Planning Appeal cconcern. workload for the use th Appeals brought through these processes will create concern. concern icant dditional ignificant Signif applicant to appeal a decision of an Authority to deny a permit or the conditions on a permit. One is to ask the Minister to review the decision;Tribunal.athat a permit appeal process takes. New guidelines will need toLPAT in their decisionbeing started. S Zoning Ordedecide to Some permit as part of their compliance approach; the ability to appeal to the LPAT will add 90 days to tplace. Renders the tool ineffective if the permit holder decides to appeal. Some but not proclaimed. 89 he decision to the Local Act allows the Minister to order a the application directly to the Tribunal. Description of Proposed Amendments n 28.3 (5) to be appealed by the permit holder to the conservation authority. or issued it subject to conditions. Subsection 28.1 (8) is repealed appoint an administrator to take over the control and operations of the authority.Ministerial Review of Permit Decisions Subsection 28.1 (8) of the Act currently allows a person who applied to a conservation authority for a permit under subsection 28.1 (1) to appeal that decision to the Minister if the authority has refused the permit and replaced with provisions that allow the applicant to choose to seek does not conduct such a review, to appeal tPlanning Appeal Tribunal within 90 days after the decision is made. Furthermore, if the authority fails to make a decision with respect to an application within 120 days after the application is submitted, the applicant may appeal New section 28.1.1 of the conservation authority not to issue a permit to engage in an activity that, without the permit, would be prohibited under section 28 of the Act. After making such an order the Minister may issue the permit instead of the Cancellation of Permits Section 28.3 of the Act is amended to allow a decision of a conservation authority to cancel a permit or to make another decision under subsectioLocal Planning Appeal Tribunal.Entry Without Warrant, Permit Application CAs that to the s that and result i Authorities within the yet to be proclaimed Conservation important enforcement tool The revisions essentially undo any onable notice to the owner This is anThere is lack of clarity on the implications of this entry to a property where compliance is a concern. Implications to The LPAT lacks the specialized knowledge that the MLT Some concern. concern. maintain their existing powers of entry, which are quite concern. ignificantignificant concern. now required to give reasoccupier of the property, which may result in increased administrative burden for the CA. It also appears to remove the ability to bring experts onto the site. Significant/enhanced powers of entry foundenforcement and offences section of the Act. Theessentially limited. Conservation authorities will likely have to rely on search warrants to gain Reasonable grounds for obtaining a search warrant cannot be obtained where the activity cannot be viewed without entry onto the property (i.e. from the road). S conservation authorities have been requesting for years. Without this tool, conservation authorities must obtain an injunction to stopunauthorized activities which represents a significant cost to the taxpayers. No concern.Some has with regard to S. 28 applications. There is also a significant backlog of cases at the LPAT. S amendment. 90 enacted to reflect - lanning Appeal of the Act sets out circumstances is amended to remove enter land within the area of jurisdictions of an s repealed. That section, which has not yet Planning Act Description of Proposed Amendments (permit application)(compliance) of the Act sets out circumstances in Exclusion of CAs as Public Body ons Made By Minister and LGIC Subsection 30.2in which an officer mayauthority. Those circumstances are revised.Entry Without Warrant, Compliance Subsection 30.2 which an officer may enter land within the area of jurisdictions of an authority. Those circumstances are revised.Stop (work) Order Section 30.4 of the Act ibeen proclaimed and which would have given officers the power to issue stop orders to persons carrying on activities that could contravene or are contravening the Act, is repealed.Regulati The regulation making authority in section 40 is reamendments in the Schedule.Throughout the legislation all references to the Mining and Lands Commissioner has been replaced with the Local PTribunal Planning Act Subsection 1(2) of the Conservation Authorities as a public body under the legislation. as a decisions however that Conservation . Planning Act Authorities any appeal PAT ans and Official Plan Amendments. Conservation is to remove from conservation . Implications to of the amendment a decision that adversely affects land that it owns he intent Tauthorities the ability to appeal to Lpublic body or to become a party to an authorities will instead be required to operate through the provincial one window approach, with comments and appeals coordinated through MMAH. Note that the one window planning system is typically enacted for the review of Official PlIt is expected that conservation authorities will retain the ability to appeal has not been confirmed 91 or Description of Proposed Amendments Conservation authorities will not be able to independently appealbecome a party to an appeal as a public body at the LPAT. 92 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 20-80 Being a By-law to Amend By-law No. 17-51 to regulate the Use of Off-Road Vehicles in the Township of Malahide. WHEREASthe Highway Traffic Act, R.S.O. 1990,Chapter H.8, as amended, section191.8(1), provides that no person shall drive an off-road vehicle on a highway except in accordance with the Highway Traffic Act regulations and any applicable Municipal By-law; AND WHEREASthe Highway Traffic Act, R.S.O.1990,Chapter H.8, as amended, section 191.8(3) provides that the Council of a municipality may pass a by-law permitting the operation of off-road vehicles on any highway within the municipality that is under the jurisdiction of the municipality, or on any part or parts of such highway and during specified months or hours; AND WHEREASthe Council of The Corporation of the Township of Malahide enacted By-law No. 17-51 to permit the operation of off-road vehicles on specified highways under the jurisdiction of the Township of Malahide; AND WHEREASthe Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended, includes Extreme Terrain Vehicles and Off-Road Motorcycles as Off-Road Vehicles (ORV) permitted on Municipal Highways; AND WHEREASthe Council of The Corporation of the Township of Malahide deems it expedient to amend By-law No. 17-51 insofar as to addExtreme Terrain Vehicles and Off-Road Motorcycles to the existing list of Off-Road Vehicles (ORV) permitted on Municipal Highways; NOW THEREFOREthe Council of the Corporation of The Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT Section 2.4 of By-law No. 17-51, insofar as it Off-be and it is hereby replaced in its entirety with the following Section 2.4: 2.4- (a)An all-terrain vehicle, as defined in O. Reg. 316/03; (b)A multi-purpose off-highway utility vehicle, as defined in O. Reg. 316/03; (c)A recreational off-highway vehicle, as defined in O. Reg. 316/03; (d)An extreme terrain vehicle, as defined in O. Reg. 316/03; or, (e)An off-road motorcycle, as defined in O. Reg. 93 2.THAT Section 6.(e)of By-law No. 17-51, insofar as it prescribes the Use of Highways, be and it is hereby replaced in its entirety with the following Section 6.(e): (e)Off-road Vehicles may be operated on a year-round basis on a highway within the Township, as identified in S-law No. 17-51, as amended. 3.THAT Section 11 of By-law No. 17-51, insofar as it prescribes the Term of By- law, be and it is hereby replaced in its entirety with the followingSection 11: 11.TERM OF BY-LAW (a)This By-law shall come into force and effect upon the final passing thereof. (b)This By-law shall cease to be in force on December 31, 2022. 4.THAT any other by-laws or provisions in other by-laws found to be inconsistent with this By-law are hereby deemed to be repealed. 5.THAT this By-law shall come into force and take effect on the final passing thereof. rd READaFIRSTandSECONDtime this 3day of December, 2020. rd READaTHIRDtime and FINALLY PASSEDthis 3day of December,2020. _____________________________ Mayor, D. Mennill _____________________________ Clerk, M. Casavecchia-Somers 94 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-82 Being a By-law toamend the by-laws and resolutions of the Township of Malahide to delete the reference to the Director of Physical Services. WHEREASSection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREASthe Council of The Corporation of the Township of Malahide passed Resolution No. 19-512on November14, 2019 to appoint a Director of Physical Services for the Township of Malahide; AND WHEREASthe Council of The Corporation of the Township of Malahide on September 3, 2020 implemented a neworganizational structure such that the position of the Director of Physical Services was renamed to Director of Public Works; AND WHEREASthe Council of The Corporation of the Township of Malahide deems it expedient and in the interests of the Corporation to amend its by-law and resolutions to reflect this new organizational structure; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT all by-law and resolutions listed in Schedule forming a part of this by-law be and they are hereby amended by deleting all . 2.Any other by-law or provisions in other by-law found to be inconsistent with this By-law are hereby deemed to berepealed. 3.THAT this By-law shall come into force and take effect on the final passing thereof. rd READaFIRSTandSECONDtime this3day of December,2020. rd READaTHIRDtime and FINALLY PASSEDthis3day ofDecember, 2020. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers 95 TO BY-LAW NO. 20-82 By- By-law No. 08-59 By-law No. 11-79 By-law No. 12-28 By-law No. 12-42 By-law No. 12-43 By-law No. 12-45 By-law No. 12-90 By-law No. 12-94 By-law No. 12-95 By-law No. 13-12 By-law No. 13-45 By-law No. 13-51 By-law No. 14-48 By-law No. 14-89 By-law No. 15-46 By-law No. 15-50 By-law No. 15-71 By-law No. 16-23 By-law No. 16-63 By-law No. 17-51 By-law No. 17-80 By-law No. 17-85 By-law No. 18-42 By-law No. 18-61 By-law No. 19-30 By-law No. 19-87 96 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-83 Being a By-law toamend By-law No. 17-97,being the Council Procedural By-law, to allow for electronic participation by Members of Council. WHEREASthe Municipal Act, 2001, S.O. 2001, c. M. 46 and in particular Section 238 thereof, requires a municipal corporation to enact a procedure by-law governing, among other things, the calling, place, and proceedings of meetings of its Council; AND WHEREASthe Council for The Corporation of the Township of Malahide previously enacted By-law No. 17-97, referred to as the Council Procedural By-law, to satisfy the said requirement of the Act; AND WHEREASthe Act was amended by Bill 187 to permit a procedural by-law of a municipal corporation to provide for specific changes to rules and regulations relating to electronic participation of Members of Council in a Meeting of Council during any period where an emergency has been declared to exist in all or any part of the municipality pursuant to sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act; AND WHEREASthe Council of the Township of Malahide enacted By-law No. 20-23to amend By-law No. 17-97to allow the Council to hold and participate in electronic meetings during any period where an emergency has been declared; AND WHEREASthe Act was further amended by Bill 197 to permit a procedural by-law of a municipal corporation to provide for specific changes to rules and regulations relating to electronic participation of Members of Council in a Meeting of Council, including to allow for a Member of Council, of a local board or a committee of either of them who is participating electronically in a meeting to be counted indetermining whether or not a quorum of members is present at any point in time and a Member of a Council, of a localboard or of a committeeof eitherof them canparticipate electronically in a meeting thatisclosed to the public withouta stateof emergency having been declared; AND WHEREASthe Council of the Township of Malahide deemsit expedient to amend further By-law No. 17-97 to continue to allowfor electronic participation of Members of Council in a Meeting of Councilwithout a state of emergency having been declared; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 97 1.THAT By-law No. 17-97, and in particular Section 5 thereof, shall be amended by deleting Section 5.10 in its entirety and replacing it withthe following Section 5.10: 5.10Electronic Participation (a)l meeting of the Council that utilizes remote electronic access to Members. (b)An Electronic Meeting mayutilize either telephone, Voice over Internet Protocol,video, or any other technology that allows for audio and/or video electronicmeans of access by Members through the internet or other technology. (c)An Electronic Meeting will either be conducted wholly by electronic access for all Members or a combination of an in-person meeting and electronic access for those Members unable to attend in person. Any problems, technical or other, arisingfrom the electronic access for Members which prevents a Member from hearing, seeing, knowing, voting or otherwise participating in the meeting, shall not invalidate any vote unless quorum of the remaining Members is lost at the time of the vote. (d)An Electronic Meeting will be open to the public, as required by the Municipal Act, 2001, except when closed to the public as permitted by law. A meeting open to the public shall include access and participation for the public to the meeting through electronic access or in-person attendance if applicable. (e)Members attending and present during an Electronic Meeting shall be counted for the purpose of quorum at the commencement of and at any point in time during the Meeting. (f)The Clerk should provide notice of an Electronic Meeting, along with an agenda, as soon as possible to the Members and public. Notice should include sufficient information as to provide Members and the public with the means to electronically access the open session of the meeting. (g)Notwithstanding that set forth in Section 5, the following rules and regulations for electronic participation in a Council Meeting shall apply: (i)A Member who is unable to attend a Council Meeting in person may participate in that Meeting by electronic or other communication facilities if the facilities enable all participating Members, whether attending in person or through electronic participation, to hear and be heard by all other Members. (ii)Except for all or any part of the Council Meeting that is closed to the public, the electronic or other facilities are to be capable of and enable thepublic to hear, or watch and hear, all Members participating in the Meeting. 98 (iii)A Member who intends to participate in any such Meeting of Council by electronic or other communication facilities shall give to the Clerk Notice of that intention at least 24 hours prior to the commencement of such Meeting, provided that, if Notice of such Meeting is provided less than 24 hours prior to its scheduled commencement, then the Member shall give to the Clerk as much notice as possible prior to commencement of such Meeting. In all such circumstances, the Clerk will, as soon as reasonably possible, provide the Member intending to attend by electronic participation with instructions on how to connect to and participate in that Meeting by electronic or other communication facilities. (iv)There shall be no limit upon the number of Members who may attend a Meeting of Council by electronic or other communication facilities. (v)The Mayor (or designate), as Chair, shall lead the Meeting and be present from a designated meeting location supported by the Clerk(or designate), where possible. (vi)Each Member attending the Meeting by electronic or other communication facilities shall notify the Chair and other Members when he or she joins the Meeting and, if and when applicable, upon leaving the Meeting. (vii)Any Member attending and present during a Meeting by electronic or other communication facilities may participate in all aspects of the Meeting as if present in person, including but not limited to debate, questioning, presentation of motion, and/or voting. (viii)During the course of a Meeting within which any Member is participating by electronic or other communication facilities, the Chair (or designate) shall announce each agenda item on the floor of the Meeting and shall thereafter maintain an orderly meeting process, including keeping Members fully informed. (ix)Any Member attending and present during a Meeting by electronic or other communication facilities may vote on any matter being considered in such Meeting and that vote shall be counted and, as set forth below, duly recorded. (x)During the course of each vote conducted within such Meeting: -All Members shall be entitled to vote as if they were attending the meeting in person. -If any Member or the Clerk is unsure if the voting is accurate, or questions the accuracy of the vote, then a roll call vote shall be Member responds verbally with their vote. Determining the result of 99 determination shall be final. -Ifthe Member, whether present in person or electronically and after two attempts, fails to respond to the call of his or her name, then the -The Clerk shall announce the results of such vote to the Chair and Council. (xi)During the course of the Meeting: -Each Member shall remain silent and attentive to the proceeding when not assigned to the floor by the Chair. -Each Member shall listen for their name to be assigned to the floor to speak or to vote. -All Members shall take and abide by the directions of the Chair in order to facilitate an effective, efficient, and orderly Meeting. (xii)The above rules and practices shall apply to all sessions of the Meeting, whether open or closed to the public. (h)Electronic meetingsthat would be considered open to the public shall be recorded and shall be made available on either the Township YouTube channel. (i)Notwithstanding the foregoing, the ProceduralBy-law shallcontinue to apply to an Electronic Meeting held pursuant to this Section, except that the Clerk is authorized to adjust the manner in which the meeting is conducted to apply to the specific circumstances of the meeting and the electronic means of access and participation being utilized. 2.THAT this By-law shall come into force and effect on the final passingthereof. rd READaFIRSTandSECONDtime this3day of December,2020. rd READaTHIRDtime and FINALLY PASSEDthis3day of December, 2020. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers 100 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-76 Being a By-law toadopt, confirm and ratify matters dealt with by resolution of the Township of Malahide. WHEREASSection 5(3) of the Municipal Act, 2001, c. 25, as amended, provides that thepowers of every council are to be exercised by by-law; AND WHEREASin many cases, action which is taken or authorized to be taken by the Township of Malahidedoes not lend itself to the passage of an individual by-law; AND WHEREASit is deemed expedient that the proceedings of the Council of the Township of Malahideat this meeting be confirmed and adopted by by-law; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the actions of the Council of the Township of Malahide,atitsregular meeting held on December 3,2020,in respect of each motion, resolution and other action taken by the Council of the Township of Malahideat such meetingis, except where the prior approval of the Ontario Municipal Board or other authority is required by law, ishereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-law. 2.THAT the Mayorand the appropriate officials of the Township of Malahideare hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Township of Malahidereferred to in the proceeding section. 3.THATthe Mayorand the Clerk are hereby authorized and directed to execute all documents necessary in that behalf and to affix thereto the corporate seal of the Township of Malahide. 4.THAT this By-law shall come into force and take effect upon the final passing thereof. rd READaFIRSTandSECONDtime this3day of December,2020. rd READaTHIRDtime and FINALLY PASSEDthis3day of December, 2020. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers