Loading...
Regular Council Minutes - 2020/12/0320-232 The Corporation of the Township of Malahide December 3, 2020 - 7:30 p.m. 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: ObCouncil: Mayor D. Mennill, Deputy Mayor D. Giguere, Councillor M. Widner, Councillor M. Moore, Councillor R. Cerna, and Councillor C. Glinski. Staff: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Information Technology Manager C. Coxen, Director of Development Services A. Betteridge, and Deputy Clerk D. Wilson. Staff Members via Videoconference: Director of Financial Services A. Mohile, Director of Fire and Emergency Services B. Smith, and Director of Public Works M. Sweetland. Absent with Regret: Councillor S. Lewis. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTEREST and the General Nature thereof. No declarations of pecuniary interest were declared. MINUTES: No. 20-498 Moved by: Rick Cerna Seconded by: Max Moore THAT the minutes of the regular meeting of the Council held on November 19, 2020 be adopted as printed and circulated. Carried. PRESENTATIONS/DELEGATIONS/PETITIONS: Court of Revision — Leonard Jones Drain, relating to Part Lots 10 and 11, Concession Gore. No. 20-499 Moved by: Mark Widner Seconded by: Rick Cerna 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: op Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguere Councillor Chester Glinski. Carried. No. 20-500 Moved by: Chester Glinski 20-233 Seconded by: Dominique Giguere THAT the Court of Revision for the Leonard Jones Drain be called to order at 7:31 p.m. AND THAT Dave Mennill be appointed Chairman. Carried. 4D The Drainage Engineer, Andrew Gilvesy, of CJDL Consulting Engineers, briefly outlined the nature of the proposed drainage works and the related Assessment Schedule. Chair Mennill inquired if any written comments/objections had been received and was advised that there were none. Chair Mennill asked if any of the Court of Revision Members had any questions or comments for the Engineer and there were none. No. 20-501 Moved by: Dominique Giguere Seconded by: Chester Glinski 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. Carried. No. 20-502 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision relating to the Leonard Jones Drain be adjourned and the Council Meeting reconvene at 7:34 p.m. Carried. Court of Revision — Leonard Jones Drain Extension, relating to Part Lot 10, Concession Gore. No. 20-503 Moved by: Max Moore Seconded by: Rick Cerna 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 Extension: Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguere Councillor Chester Glinski. Carried. No. 20-504 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision for the Leonard Jones Drain Extension be called to order at 7:35 p.m. AND THAT Dave Mennill be appointed Chairman. Carried. 20-234 The Drainage Engineer, Andrew Gilvesy, of CJDL Consulting Engineers, briefly outlined the nature of the proposed drainage works and the related Assessment Schedule. Chair Mennill inquired if any written comments/objections had been received and was advised that there were none. Chair Mennill asked if any of the Court of Revision Members had any questions or comments for the Engineer and there were none. No. 20-505 49 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision members for the Leonard Jones Drain Extension 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 30, 2020. Carried. No. 20-506 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision relating to the Leonard Jones Drain Extension be adjourned and the Council Meeting reconvene at 7:37 p.m. Carried. Public Meeting — Zoning BV-law Amendment, as submitted by David and Jacqueline Fehr, relating to property at Part Lot 34, Concession 9, Geographic Township of Malahide. No. 20-507 Moved by: Mark Widner Seconded by: Chester Glinski THAT the Public Meeting concerning the Zoning By-law Amendment Application of David and Jacqueline Fehr relating to the property located at Lot 34, Concession 9, be called to order at 7:39 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 53250 College Line, being Lot 34, Concession 9, Malahide, from the General Agricultural (A2) Zone to the Small Lot Agricultural (A4) and Special Agricultural (A2) Zones. 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 November 11 and 18, 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 Services to provide an overview of the application. The Director advised that the purpose of the proposed amendment is to 40 change the zoning on a surplus farm dwelling lot proposed to be severed, which contains a single detached dwelling and accessory building (detached garage) from the General Agricultural (Al) 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 approximately1.6 hectares (4.0 acres), a frontage of 61.8 metres (203 feet) and a depth of 210.9 metres (692 feet). The zoning of the retained farm parcel comprising an area of approximately 3.7 hectares (9.2 acres), a frontage of 347.2 metres (1,139 feet) and a depth of 175.1 metres (574 feet), is proposed to be rezoned from the General Agricultural (Al) zone to 20-235 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 E22-20 granted by the County of Elgin Land Division Committee. Mayor Mennill asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that correspondence has been received from the Catfish Creek Conservation Authority indicating no concerns. Mayor Mennill asked if any persons were in attendance that wished to make any comments regarding the application and there were none. 9 Mayor Mennill advised that the Council will consider all comments received when making its final decision on the application. No. 20-508 Moved by: Dominique Giguere Seconded by: Rick Cerna THAT the Public Meeting relating to Zoning By-law Amendment Application of David and Jacqueline Fehr relating to the property located at Lot 34, Concession 9, be adjourned and the Council meeting reconvene at 7:40 p.m. Carried. No. 20-509 Moved by: Mark Widner Seconded by: Chester Glinski 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 at Lot 34, Concession 9, be given first, second and third readings, and properly signed and sealed. Carried. Public Meeting — Zoning By-law Amendment, as submitted by MacVicar Farms Ltd., relating to property at Part Lot 24, Concession 12, Geographic Township of South Dorchester. No. 20-510 Moved by: Rick Cerna Seconded by: Chester Glinski THAT the Public Meeting concerning the Zoning By-law Amendment Application of MacVicar Farms Ltd. relating to the property located at Lot 24, Concession 12, be called to order at 7:41 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 46634 Ron McNeil Line, being Lot 24, Concession 12, Geographic Township of South Dorchester, from the Large Lot Agricultural (A3) Zone to the Special Agricultural (A2) Zone. Mayor Mennill asked the Deputy Clerk to advise and confirm on the method and date of 40 notice given for this meeting. The Clerk advised that this public meeting was advertised in the Aylmer Express on November 11 and 18, 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 Services to provide an overview of the application. The Director advised that the purpose of the proposed amendment is to change the zoning on a surplus farm dwelling lot proposed to be severed, which contains a single detached dwelling from the Large Lot Agricultural (A3) zone to the Small Lot 20-236 Agricultural (A4) Zone, to permit the use of the proposed lot for residential purposes. The lot comprises an area of approximately 1.01 hectares (2.5 acres), a frontage of 20.5 metres (67.3 feet) and a depth of 345.1 metres (1,132 feet). The zoning of the retained farm parcel, comprising an area of approximately 58 hectares (143 acres), a frontage of 175 metres (574 feet) and a depth of 1,427 metres (4,682 feet), is proposed to be rezoned from the Large Lot Agricultural (A3) zone to the Special Agricultural (A2) zone to prohibit the erection of a dwelling thereon. The change in zoning is being requested to fulfil conditions of application for Consent E28-20 granted by the County of Elgin Land Division Committee, Mayor Mennill asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that correspondence has been received from the Catfish Creek Conservation Authority and neighbouring property owner Marj Steenbergen indicating no concerns. Mayor Mennill asked if any persons were in attendance that 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. 20-511 Moved by: Dominique Giguere Seconded by: Max Moore THAT the Public Meeting relating to Zoning By-law Amendment Application of MacVicar Farms Ltd. relating to the property located at Lot 24, Concession 12, be adjourned and the Council meeting reconvene at 7:44 p.m. Carried. No. 20-512 Moved by: Max Moore Seconded by: Mark Widner 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 at Lot 34, Concession 12, be given first, second and third readings, and properly signed and sealed. Carried. Public Meeting — Zoning By-law Amendment, as submitted by Robert, Jean and Jason Nicholson, relating to property at Part Lot 12, Concession 5, Geographic Township of Malahide. No. 20-513 Moved by: Mark Widner Seconded by: Dominique Giguere THAT the Public Meeting concerning the Zoning By-law Amendment Application of Robert, Jean, and Jason Nicholson, relating to the property located at Lot 12, Concession 5, be called to order at 7:45 p.m. 40 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 49542 and 49664 John Wise Line, being Part Lot 12, Concession 5, Malahide, from the Rural Residential (RR) Zone to the Site Specific Rural Residential (RR#) 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 20-237 in the Aylmer Express on November 11 and 18, 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 Services to provide an overview of the application. The Director advised that the purpose of the proposed 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 being 49664 John Wise Line, from the Rural Residential (RR) Zone to the "Site Specific" Rural Residential (RR#) Zone. The resulting enlarged parcel comprises an area of approximately 3,462.5 is square metres (0.3 acres), a frontage of 62.5 metres (205 feet) and a depth of 55.4 metres (182 feet). The existing lot would also be rezoned from RR to RR# to ensure that the zoning of the enlarged parcel is consistent. The "Site -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 (Al) and would remain as such. The change in zoning is being requested to satisfy conditions of applications for Consent E30-20 and E31-20 granted by the County of Elgin Land Division Committee. Mayor Mennill asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that correspondence has been received from the Catfish Creek Conservation Authority indicating no concerns. Mayor Mennill asked if any persons were in attendance that 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. 20-514 Moved by: Mark Widner Seconded by: Chester Glinski THAT the Public Meeting relating to Zoning By-law Amendment Application of Robert, Jean, and Jason Nicholson, relating to the property located at Lot 12, Concession 5, be adjourned and the Council meeting reconvene at 7:47 p.m. Carried. No. 20-515 Moved by: Rick Cerna Seconded by: Dominique Giguere 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 at Lot 12, Concession 5, be given first, second and third readings, and properly signed and sealed. Carried. Director of Fire and Emergency Services - Emergency Management — Ice Breaking Services In response to an inquiries from Councillor Widner and Councillor Cerna regarding the power and reach of the long arm excavator, the Director of Fire & Emergency Services indicated that the Contractor has advised that the excavator has sufficient force to break through up to 24 inches of ice and is faster to remove ice than the dragline crane used in the past. He indicated that the long arm excavator can reach out 60 — 75 feet which is less than the dragline but if the ice buildup can't be reached, the excavator operator has the ability to put the bucket into the water and create a wake to assist in ice removal. 20-238 No. 20-516 Moved by: Max Moore Seconded by: Rick Cerna THAT Report No. F- 20-14 entitled "Emergency Management — Ice Breaking Services" be received; THAT Malahide Township, as the benefiting municipality, in conjunction with the Catfish Creek Conservation Authority, does hereby accept the quotation submitted is 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 Long Arm 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. Carried. Director of Public Works Tender Award — Tandem Dump Truck Complete with Winter Control Equipment In response to an inquiry from Councillor Glinski regarding the lack of bids received, the Director advised that the tandem truck is a specialty product which limits the number of bidders. No. 20-517 Moved by: Mark Widner Seconded by: Rick Cerna THAT Report No. PS-20-55 entitled "Tender Award — 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. Carried. Chief Administrative Officer/Clerk - Draft Anti -Idling By-law No. 20-518 Moved by: Rick Cerna Seconded by: Mark Widner THAT Report No. CAO-20-19 entitled "Draft Anti -Idling By-law" be received; AND THAT the amended draft Anti -idling By-law be supported as presented; do AND THAT the Municipal Clerk be directed to finalize the draft by-law for submission to and approval by the Council at a future date. Carried. Howick Township — Request to reduce interest rates on Tile Drain Loans l64I1r46 9 No. 20-519 Moved by: Rick Cerna Seconded by: Mark Widner THAT the 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 be supported. Carried. - Catfish Creek Conservation Authority et al — Request to Amend Budget Measures Act (Bill 229) No. 20-520 Moved by: Rick Cerna Seconded by: Mark Widner THAT the correspondence and resolutions of Catfish Creek Conservation Authority, Town of Mono, Township of Essa, Municipality of Grey Highlands, and Town of Shelburne 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 be supported. Carried. No. 20-521 Moved by: Rick Cerna Seconded by: Mark Widner THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated November 19 and 26, 2020. 2. Town of Lincoln — Resolution supporting Norfolk County's resolution regarding illicit cannabis operations. 3. Township of Amarnath — Resolution supporting Northumberland County's Resolution regarding cannabis issues. 4. Town of Fort Erie and Township of Huron-Kinloss — Resolution supporting Township of Asphodel-Norwood's Resolution regarding legislation to support local governments with Land Use Management and Enforcement issues regarding Bill C-45 — Cannabis Act. 5. Town of Fort Erie — Resolution supporting the Town of Grimsby's Resolution regarding Amendment to Bill 108, More Homes, More 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. 6. Township of Larder Lake and Municipality of Marmora Lake — Resolution supporting the City of Belleville's Resolution requesting the Province to consider funding and training to municipalities to comply with standards under Accessibility for Ontarians with Disabilities Act. 7. 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. _ , W, 8. 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. 9. 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 4Daggregate resources. 10.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. 11. Region of Peel — Resolution requesting the Province to amend the Assessment Act regarding property tax exemptions for Veterans Clubs. 12.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. 13. Municipality of Bayham — Notice of Public Meeting for Official Plan Amendment to permit subdivision development in Village of Straffordville and Hamlet of Eden. 14. Municipality of Central Elgin — Notice of Application and Public Meeting relating to the following properties: - 6738 Quaker Road. - 45811 Fruit Ridge Line. 15. Elgin County Land Division Committee — Notice of Decision relating to the following: - Severance Application No. E42-20 — Gregory Max Underhill, Part Lot 25, Concession 2 — Granted. - Severance Application No. E44-20 — Dolores Slanskey Von Groh and Jerry Schram, Part Lot 7, Concession 7 — Granted. Carried. OTHER BUSINESS: - PBRA Request regarding Temporary Boat Launch Councillor Cerna indicated that he would like to see the temporary Port Bruce boat launch, created to be used during the construction of the new County bridge, remain as the money to install it has already been spent. Deputy Mayor Giguere noted that it would be necessary to work with the County of Elgin and the Ministry of Natural Resources regarding any plans for the boat launch area. No. 20-522 Moved by: Max Moore Seconded by: Dominique Giguere THAT the correspondence received from the Port Bruce Ratepayers Association regarding a proposal for a launch in Port Bruce for non - motorized water craft be referred to the Municipal Staff for further review and consideration and a report back to the Municipal Council at a future meeting. Carried. 20-241 - KCCA — Request to Amend Budget Measures Act (Bill 229) No. 20-523 Moved by: Max Moore Seconded by: Rick Cerna 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 consultations be supported; AND THAT a copy of this correspondencebe forwarded to Premier Doug Ford, Catfish Creek Conservation Authority, Town of Mono, Township of Essa, Municipality of Grey Highlands and the Town of Shelburne. Carried. - Aylmer Police Services — Ticketing of Anti -Mask Rally Protesters Councillor Cerna noted that previously he had expressed his disappointment with the Aylmer Police Services regarding the lack of action relating to the Anti -Mask Rally in Aylmer, however, he wished to now express his satisfaction as the APS has laid charges against the organizers and some participants of the recent Freedom March. - Terrace Lodge Fundraising Campaign Deputy Mayor Giguere noted that the Terrace Lodge Fundraising Campaign had a successful start. She noted there is a catalogue that donors can peruse on-line to purchase items to make Terrace Lodge feel like a "home". She noted that the on-line catalogue will be available on the County of Elgin website. - Springfield Santa Claus Parade Councillor Widner reminded the Council that, due to Covid-19, the alternative Springfield Santa Claus Parade will have a static display at the Malahide Community Place on Saturday, December 5, 2020 at 1:00 p.m. and then proceed with touring Springfield streets at 1:30 p.m. BY-LAWS: - By-law No. 20-80 — Amend Regulations for Off -Road Vehicles No. 20-524 Moved by: Rick Cerna Seconded by: Mark Widner 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. Carried. By-law No. 20-82 — Director of Physical Services renamed to Director of Public Works. 0 No. 20-525 Moved by: Rick Cerna Seconded by: Max Moore 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, 20-242 be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 20-83 — Amend Procedural By-law No. 20-526 Carried. CONFIRMATORY: No. 20-527 Moved by: Rick Cerna Seconded by: Mark Widner THAT By-law No. 20-76, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 20-528 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Council adjourn its meeting at 8:26 p.m. meet again on December 17, 2020, at 7:30 p.m.