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Regular Council Minutes - 2021/01/0721-01 The Corporation of the Township of Malahide January 7, 2021 — 7:30 p.m. The Malahide Township Council met via videoconference. The Manager of Information Technology and the Deputy Clerk were present in the Malahide Council Chambers located at 51221 Ron McNeil Line, Springfield, Ontario, at 7:30 p.m. Due to the COVID-19 pandemic, the Mayor, Members of Council, and some Municipal Staff participated remotely. The following members were present: Council Members via Videoconference: Mayor D. Mennill, Deputy Mayor D. Giguere, Councillor R. Cerna, Councillor C. Glinski, Councillor M. Moore and Councillor M. Widner. Council present in Council Chamber: Councillor S. Lewis. Staff present in Council Chamber: Manager of Information Technology C. Coxen and Deputy Clerk D. Wilson. Staff via Videoconference: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Financial Services A. Mohile, Director of Development Services A. Betteridge, Director of Fire and Emergency Services B. Smith, and Director of Public Works M. Sweetland. 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. 21-01 Moved by: Max Moore Seconded by: Rick Cerna THAT the minutes of the regular meeting of the Council held on December 17, 2020 be adopted as printed and circulated. Carried. The Manager of Information Technology retired from the meeting. PRESENTATIONS/DELEGATIONS/PETITIONS: Public Meeting — Zoning By-law Amendment, as submitted by Tony Wall on behalf THAT the Public Meeting concerning the Zoning By-law Amendment 21-02 Application of Tory Wall, on behalf of Dwight and Lydia Steven, relating to the property located at Lot 21, Concession 3, be called to order at 7:32 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 6242 Springfield Road, being Part Lot 21, Concession 3, Geographic Township of Malahide, to permit a use described as a Place of Worship to occur on a temporary basis. 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 December 16 and 23, 2020. In addition, affected property owners within 120 metres 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 will not change the zone classification of the subject lands shown on the key map from its current "General Agricultural (Al) Zone" but rather establish special provisions to permit a use described as a "Place of Worship" to occur on a temporary basis. It is proposed that the described use v ill be established in the existing 3,200 sq ft. accessory building (the shop located to the east and rear of the existing dwelling) located on the subject lands. The proposed Zoning By-law Amendment is being considered on the basis of an application submitted on behalf of the property owners. The property owners are intending to make the necessary building upgrades in order to conduct church services in the shop temporarily for a portion of the whole congregation they belong to. Such use will occur only while public health restrictions are in place for social gatherings due to the COVID-19 pandemic; after such time the use will cease. The Director noted that the legislation that must support this application would be the Provincial Policy Statement, the Official Plan for both the County of Elgin and the Township and the Zoning By-law for the Township. He noted that the Provincial Policy Statement and the Malahide Official Plan do not permit for the establishment of a new Institutional use in the Agricultural zone, only in a settlement area. The Director noted that this use should not he considered as an on -farm diversified use. The Director noted his concerns regarding !the potential for a non-agricultural use to continue after the pandemic if the upgrades were made to the building. The Director also noted that temporary use by-laws should not be used where the proposed use is not permitted to occur in the applicable designation of the Official Plan. The Director advised that it is his opinion that the application is not consistent with the directives of the Provincial Policy Statement or the Malahide Official Plan. The Director advised that correspondence has been received from the Catfish Creek Conservation Authority with no objections, the Southwestern Public Health with no concerns but requirements for the Applicants to contact Public Health directly to determine if there is! relevant public health legislation applicable; and 2 neighbouring property owners wit concerns (Josh and Ashley Couchi and Ted and Nina Caughill). He noted that if the application does move forward the Fire Chief and Chief Building Official have provided the Applicant with building modifications that would be necessary to undertake. Mayor Mennill asked if any persons were in attendance that wished to make any comments regarding the application. 0 Tony Wall, Applicant for the Owners, appeared before the Council by videoconference. Mr. Wall noted that his temporary location would allow the congregation to split off and become a sister ch rch. Upon an inquiry from Councillor Cerna regarding the size of the congregation, Mr. Wall advised that the CO�1 1D-19 rules would allow 1/3 occupancy and this shop would hold approximately 400 people, therefore, about 150 people would be allowed to gather in one 21-03 location. Mr. Wall confirmed that as there is a lockdown currently, no services are being held. Upon an inquiry from Deputy Mayor Giguere regarding tax exemptions for places of worship, the CAO advised that places of worship are exempt from taxes, although the subject building is being used for agricultural purposes which is not exempt so taxes are being generated by this building. She noted that if the requested change is granted for a temporary period, the taxes would not be generated on the building for that time period. Upon an inquiry from Deputy Mayor Giguere regarding other options the church group has considered, Mr. Wall advised that there are no other facilities available for the church to use. Mr. Wall noted that the congregation did try to complete on-line services but had technology issues. He noted that they wanted to physically get together. The Deputy Mayor suggested that instead of investing the money into a temporary building that the money could instead be used to upgrade technology which could also be used even after the pandemic. Mr. Wall noted that he only recently learned about the necessary upgrades that would be involved in changing the Stevens building into a public building. He noted that the congregation would have to determine what the costs would be and if it was feasible to continue with this project Upon an inquiry from Councillor Cerna regarding parking, Mr. Wall advised that there was enough parking for the group and they also had consideration for fire routes for emergency purposes. Upon an inquiry from Councillor Widner regarding the fire safety aspect, the Fire Chief advised that he was concerned as the building was not originally designed as a public meeting place. He has provided the Applicant with a list of upgrades necessary to both the inside and outside of the building. If these conditions are all met then his concerns for fire and safety would be addressed. Mayor Mennill noted that there were concerns regarding the proposal from both the Municipal Staff and neighbouring landowners. He noted that the cost of the necessary upgrades may make the feasibility of the project unreasonable for a short term basis. Mr. Wall noted that their congregation will look at all of the numbers if Malahide is agreeable to allow the temporary use. Councillor Cerna suggested the congregation review the matter and determine the costs and if they are willing to move forward. He suggested that the matter be deferred until then. Mayor Mennill advised that the Council will consider all comments received when making its final decision on the application. No. 21-03 Moved by: Max Moore Seconded by: Rick Cerna THAT the Public Meeting relating to Zoning By-law Amendment Application of Tony Wall, on behalf of Dwight and Lydia Steven, relating to the property located at Lot 21, Concession 3, be adjourned and the Council meeting reconvene at 7:58 p.m. Carried. No. 21-04 Moved by: Rick Cerna Seconded by: Dominique Giguere THAT Report No. DS-21-01 entitled "Zoning By-law Amendment Application of Tony Wall, on behalf of Dwight and Lydia Steven" be received; AND THAT further consideration of the Zoning Bylaw Amendment Application of Tony Wall, on behalf of Dwight and Lydia Steven, BE DEFERRED, pending a further review by the Applicant of the feasibility of proceeding with the application in 21-04 recognition that significant upgrades are necessary under the Building Code and Fire Code in order to enable the subject building to be used as a place of worship. Carried. The CAO confirmed that the Application would be deferred until the Applicants notify the Municipal Staff that they wish to move forward with the application. She noted that this was the necessary!statutory Public Meeting under the Planning Act and that further public meeting would not be required. The Mayor thanked Mr. Wall for his input and he retired from the meeting. Presentation — Chris Wilkinson G Authority relating to 2021 Budget. Chris Wilkinson, General Manager, of Catfish Creek Conservation Authority, appeared before the Council to provide details regarding the increase in the 2021 Catfish Creek Conservation Authority's 2021 budget. Mr. Wilkinson advised the CCCA will continue the same or improved levels of service for 2021. He noted the CCCA has the lowest levy in Ontario. He noted that there has been an increase of $12,p00 for delivery of mandated programs, a shortfall of $200,500.00 in Provincial operating grants, increased insurance premiums; increase in property taxes, employment taxes, land other budget increases. Mr. Wilkinson concluded by advising Schedule 6 of Provincial Bill 229 will include additional items in the 2022 budget. The Mayor thanked the General Manager for keeping the proposed levy increase at 3% while maintaining service levels. The Deputy Mayor noted the difficulty in reviewing the Financial Statements as they do not show that the revenue from the non -mandated programs is used to pay the mandated programs. She questioned why the 1 % levy increase option that was provided to Board was not consideredl. Councillor Cerna, the Malahide Representative on the CCCA Board of Directors, noted that they did not want to take additional money from the reserves and therefore, the 3% increase was needed. The Deputy Mayor questioned if all of the CCCA expenses were necessary and the Councillor Cerna advised that every penny is stretched at the Authority. Councillor Moore noted his appreciation to the CCCA for their mitigation in flooding management for P61rt Bruce and Springfield. No. 21-05 Moved by: Max Moore Seconded by: Chester Glinski THAT the presentation from Chris Wilkinson, General Manager of Catfish Creek Conservation Authority, relating to the Authority's 2021 Budget be received. Carried. The Mayor thanked lMr. Wilkinson for his presentation and he retired from the meeting. REPORTS: Director of Fire and Emeraencv Services - Emergency Services Activity Report - November EM BE 21-05 Moved by: Rick Cerna Seconded by: Mark Widner THAT Report No. F-20-15 entitled "Emergency Services Activity Report — November" be received. Carried. Director of Development Services Township of Malahide Official Plan Comprehensive Review and Five -Year Update: Status Report. No. 21-07 Moved by: Scott Lewis Seconded by: Mark Widner THAT Report No. DS-21-02 entitled "Township of Malahide Official Plan Comprehensive Review & Five -Year Update: Status Report" be received for information. Carried. Director of Financial Services - Draft Malahide Water 2021 Budget and User Fee Schedule. In responses to an inquiry from Deputy Mayor Giguere regarding the budget surplus being transferred to reserves, the Treasurer advised that a Water Rate Study was completed in 2014 and the reserve allocation amounts were on the conservative side. The Deputy Mayor questioned why additional reserve money was needed as there is a plan for reserves not including surplus funds. The Director of Public Works noted that the Asset Management Plan does provide the answers to what is affordable and reasonable. He noted a water project recently was tendered and came in at $1 million over the estimate. He noted a change like that would not have been contemplated in a previous water rate study largely due to massive rise in construction costs. He noted that he also recommended the larger build-up of reserves using the surplus revenue money. The Deputy Mayor requested the Municipal Staff provide the Council with a formal summary presentation regarding reserves showing what is legislatively mandatory. The Treasurer indicated that a review of asset management including water and sewer funds was planned for 2021. No. 21-08 Moved by: Max Moore Seconded by: Rick Cerna THAT Report No. FIN 21-01 entitled "Draft Malahide Water 2021 Budget and User Fee Schedule" be received; AND THAT the Draft Malahide Water 2021 Budget and the User Rates for 2021 be approved; AND THAT the Municipal Staff be authorized to carry out the administrative acts is necessary to implement such budget and user rates as approved. Carried. - Draft Malahide Sewer System 2021 Budget and User Fee No. 21-09 Moved by: Dominique Giguere Seconded by: Mark Widner THAT Report No. FIN 20-02 entitled "Draft Malahide Sewer System 2021 Budget and User Fee" be received: AND THAT the draft Malahide Sewer System budget and user fee for 2021 be approved; AND THAT the M nicipal Staff be authorized to carry out the administrative acts necessary to impl�ment such budget and user fees as approved. Carried. CORRESPONDE No. 21-10 Moved by: Mark Widner Seconded by: Rick Cerna THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated December 17, 2020. 2. County of Dufferin — Resolution requesting the Province to work with the Municipa!I Property Assessment Corporation (MPAC) to address the assessment issue relating to aggregate resource property assessments. 3. Municipa!lity of Chatham -Kent, Township of Lake of Bays — Resolution requesting the Province to remove Schedule 6 from Budget Measures Act (Bill 229) land continue to work with Conservation Authorities. (Malahide Township Council supported a similar Resolution on December 3, 2020). 4. Town of Carleton — Resolution requesting the Province to prioritize childcare) as part of its overall post pandemic recovery plan, develop and find a cornprehensive plan that can support facilities through the provision;of licensed childcare and early learning education and provide funding to childcare providers reflective of COVID19 operating cost increases. 5. Township of Matachewan — Resolution requesting the Province to provide longer turn -around times for grant applications. 6. Township of Perth South — Resolution supporting the Municipality of Southwe t Middlesex requesting the Province to work with Federal Ministry of Transportation to address concerns regarding municipal drainage matters and the need for coordination with national railways. (Malahide{ Township Council supported a similar Resolution on December 17, 2020). 7. Municipality of South Huron — Resolution supporting the Township of Huron Kiriloss and Town of Wasaga Beach requesting the Province to develop tougher ugher laws, with larger financial penalties, when dealing with unauthoriized car rallies and participants. 8. Townshipj of Lake of Bays, Town of Lincoln — Resolution supporting the Townshipj of Amherstburg requesting the Province to extend the compliance deadline for compliance with Accessibility for Ontarians with Disabilities Act. 9. Township iof Amherstburg — Resolution supporting the City of St. Catharines requesting the Province to amend Bill 197, COVID19 EconomiclRecovery Act 2020 to eliminate the development approval 11 21-07 requirement provisions from adjacent municipalities and that the "host" municipality be empowered to render final approval for landfills within their jurisdiction. 10.Town of Kingsville — Resolution requesting the Province to allow small businesses to remain open to in-store sales and service with limited capacity and increased safety measures. 11.Town of Lincoln — Resolution supporting the City of Hamilton's request for interim cap on gas plant and greenhouse gas pollution and the development and implementation of a plan to phase -out gas -fired electricity generation. 12.Town of Lincoln — Resolution supporting the City of Hamilton's request to the Province to amend the AGCO Licensing and Application process for cannabis retail stores. 13.Town of Lincoln — Resolutions supporting both Loyalist Township and Plympton-Wyoming regarding funding for community groups and service clubs affected by pandemic. 14.Aylmer Police Services Board — Correspondence expressing concerns regarding Malahide Councillor's recent actions relating to the Aylmer Police Service. 15. Solicitor General — Correspondence advising deadline extension for the Community Safety and Well -Being Plan is July 1, 2021, because of COVID challenges. 16. Ministry of Children, Community and Social Services — Correspondence regarding the release of new poverty reduction strategy - Building a Strong Foundation for Success: Reducing Poverty in Ontario (2020- 2025). 17. Municipality of Bayham — Notice of the adoption of Official Plan Amendment No. 26 for the Township of Bayham to permit subdivision development in the Village of Straffordville and Hamlet of Eden. Carried. OTHER BUSINESS: - Ontario Ministry of Infrastructure Funding Application — Enhancement of Broadband Connectivity. No. 21-11 Moved by: Scott Lewis Seconded by: Dominique Giguere THAT the Council of the Township of Malahide does hereby endorse and support a funding application to the Ontario Ministry of Infrastructure, under the Improving Connectivity for Ontario (ICON) Program, to enhance broadband connectivity to the Township facilities as well as provide the ability to connect homes and businesses through a last mile network. 40 Carried. - Temporary Boat Launch — North Erie Marina, Port Bruce No. 21-12 Moved by: Dominique Giguere Seconded by: Mark Widner 1: THAT the corresp relating to the Tei received; AND THAT such c review and consh Council at a futur Association to m< Carried. BY-LAWS: - By-law N No. 21-13 Moved by: Max N Seconded by: Sc ndence received from Baroudi Law, dated January 4, 2021, porary Boat Launch in Port Bruce and North Erie Marina be Drrespondence be referred to the Municipal Staff for further eration; it being noted that the Staff will be reporting back to the meeting regarding the proposal of the Port Bruce Ratepayers intain the temporary boat launch in Port Bruce. 21-01 —Temporary Borrowing Lewis THAT By-law No. 21-01, being a By-law to authorize temporary borrowing during the fiscal year ending !December 31, 2021, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 21-02 — Interim Tax Levy for 2021 No. 21-14 Moved by: Max Moore Seconded by: Scott Lewis THAT By-law No. 21-02, being a By-law to provide for an interim tax levy for the year 2021, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 21-05 — 2021 Township Budget No. 21-15 Moved by: Rick Ce rna Seconded by: Scott Lewis THAT By-law No. ?1-05, being a By-law to adopt the 2021 Township Budget, be given first, second, and third readings, and be properly signed and sealed. Carried. - By-law Nb. 21-06 — Fire Cost Recovery Fees No. 21-16 Moved by: Mark idner Seconded by: Rick Cerna THAT By-law No. 1-06, being a By-law to establish various Fire Cost Recovery Fees, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 21-07 — Establish User Fees No. 21-17 Moved by: Scott Lewis ►affl e Seconded by: Rick Cerna THAT By-law No. 21-07, being a By-law to establish various User Fees, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 21-08 — Establish Building Permit Fees Carried. CLOSED SESSION: No. 21-19 Moved by: Scott Lewis Seconded by: Max Moore THAT Council move into Closed Session at 9:10 p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discuss the following: (i) A Litigation or Potential Litigation Matter, including matters before administrative tribunals, affecting the Township relating to a zoning by-law infraction (automotive body shop). (ii) A Litigation or Potential Litigation Matter, including matters before administrative tribunals, affecting the Township relating to a zoning by-law infraction (dog kennel). Carried. No. 21-20 Moved by: Mark Widner Seconded by: Rick Cerna THAT Council move out of Closed Session and reconvene at 9:50 p.m. in order to continue with its deliberations. Carried. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a Litigation or Potential Litigation Matter, including matters before administrative tribunals, affecting the Township relating to a zoning by-law infraction (automotive body shop). There is nothing further to report. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a Litigation or Potential Litigation 49 Matter, including matters before administrative tribunals, affecting the Township relating to a zoning by-law infraction (dog kennel). There is nothing further to report. 21-010 CONFIRMATORY No. 21-21 Moved by: Max Moore Seconded by: Rick Cerna THAT By-law No. 21-03, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 21-22 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Councilradjourn its meeting at 9:52 p.m. to meet again on January 21, 2021 at 7:30 p.m. Carried. 1 , M yor — D. Mennill I civu� Clerk — M. Casavedchia-Somers