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Regular Council Agenda - 2021/04/08 The Corporation of the Township of Malahide A G E N D A April 8, 2021 – 7:30 p.m. Malahide Township Office 87 John Street South, Aylmer ** Note: Due to the COVID-19 restrictions, this meeting will be held electronically via videoconference. The meeting will be streamed live on YouTube. ** (A) Roll Call (B) Disclosure of Pecuniary Interest (C) Approval of Previous Minutes RES 1 and 2 (Pages 16 - 32) (D) Presentations/Delegations/Petitions (i) Presentation - Sally Marten (Elgin Police Services Board Chair) and Julie Gonyou (Elgin Police Services Board Secretary-Treasurer) relating to the new Ontario Provincial Police Detachment Board Framework under the Community Safety and Policing Act, 2019. RES 3 (Pages 33 - 47) (E) Reports of Departments: (i) Director of Fire & Emergency Services - Ministry of the Solicitor General – Correspondence confirming Malahide’s compliance with the Emergency Management and Civil Protection Act in 2020. RES 4 (Pages 48) (ii) Director of Public Works - Contract Amendment: Ontario Clean Water Agency. RES 5 (Pages 49 - 56) - Tender Results – 2021 Asphalt Supply. RES 6 (Pages 57 - 59) (iii) Director of Development Services - Severance Application E21/21 – 943448 Ontario Inc. (Dawson) – Report and Conditions. RES 7 – 8 (Pages 60 - 73) - Severance Application E22/21 – Patricia Zimmer – Report and Conditions. RES 9 - 10 (Pages 74 - 85) - Severance Application E25/21 – Marion Wallace – Report and Conditions. RES 11 – 12 (Pages 86 - 113) - Severance Application E26/21 – Marion Wallace – Conditions. RES 13 - Development Agreement: Minor Variance Approval No. D13- MV-01-21 of David and Jacqueline Fehr. RES 14 (Pages 114 - 121) (iv) Director of Financial Services/Treasurer (iv) CAO/Clerk (F) Reports of Committees/Outside Boards (G) Correspondence RES 15 1. Association of Municipalities of Ontario - Watch File – dated March 18, 25, and April 1, 2021. (Pages 4 - 10) 2. Township of South Glengarry – Resolution requesting the Provincial Government to procure approved COVID-19 Vaccines to be distributed to the residents of the Province of Ontario. (Pages C11) 3. Municipality of Tweed, City of Owen Sound – Resolution advocating for reform and reconsideration of the Negligence Act, R.S.O. 1990 c.N to provide for alternatives relating to Joint and Severable Liability. (Malahide Township supported AMO’s recommendations previously on January 21, 2021). (Pages C12 - 15) 4. Municipality of Leamington, Township of Edwardsburg-Cardinal, Town of Plympton-Wyoming – Resolution requesting the Province to reverse their decision to close the Ontario Fire College Campus in Gravenhurst. (Malahide Township supported a similar resolution on February 4, 2021). (Pages C16 - 24) 5. Municipality of Grey-Highlands – Resolution requesting the Province to provide a clear plan on how the Province intends to modernize and expand firefighter training ensuring equal access for all municipal fire departments as well as a plan for funding. (Pages C25 - 27) 6. Town of Plympton-Wyoming – Resolution supporting Norfolk County resolution relating to application of carbon tax on primary agriculture producers. (Page C28) 7. Town of Fort Erie, Town of Plympton-Wyoming – Resolution supporting the City of Sarnia requesting the Province to adjust capacity limits as part of the colour coded system. (Pages C29 - 34) 8. County of Peterborough – Resolution Supporting Niagara – Requesting the Province and Federal Government for additional funding regarding homelessness and lack of affordable housing in Niagara. (Pages C35 - 38) 9. Town of Fort Erie – Resolution requesting Province to support overall health of Niagara community and end of life care required to alleviate burden on hospitals (Support of McNally House Hospice’s Life in Every Moment Campaign). (Pages C39 - 41) 10. Town of Fort Erie – Resolution supporting Township of Brock’s request to Health Canada to confirm designated cannabis growers conform with local zoning and control by-laws, ensure local authorities are notified of licence changes, and provide police and necessary enforcement. (Pages C42 - 44) 11. Municipality of Calvin – Resolution requesting the Province to legislate universal paid sick days for all workers in Ontario. (Page C45) 12. Township of Pickle Lake – Resolution requesting the Province to amend the Municipal Elections Act so people with an un-cleared criminal record be prohibited from becoming a candidate in a municipal election. (Page C46) 13. Town of Orangeville – Resolution requesting the Minister of Infrastructure and the Minister of Municipal Affairs and Housing to withdraw Schedule 3 from Bill 257 relating to changes in the Planning Act. (Page C47) 14. Town of Kingsville – Resolution and correspondence to Federal Government stating their opposition to the adoption of any by-laws restricting the possession, storage and transportation of legally obtained handguns. (Pages C48 - 49) 15. Town of Cochrane – Resolution requesting the Provincial Government to reverse their decision on the closure of the youth justice facility in Cochrane (MeeQuam Youth Residence). (Pages C50 - 51) 16. Ontario Recreation Facilities Association (ORFA) – Offering continued support to its members during COVID-19. (Pages C52 - 54) 17. Debbie France, Resident of Norfolk – Correspondence regarding Health Canada Cannabis Consultation open for comment until May 7, 2021. (Pages C55 - 56) 18. Aylmer Water Distribution System - Annual Report 2020 – Drinking Water. (Pages C57 - 63) 19. Ontario Clean Water Agency – Annual Wastewater Report - Aylmer Wastewater Treatment and Collections. (Pages C64 - 107) 20. Long Point Region Conservation Authority – 2020 Annual Report. (Pages C108 - 127) 21. County of Elgin – Official Plan Amendment of 1111944 Ontario Limited (Creative Enterprises) David and Mary Thiessen, relating to the property at 51631 and 51553 Calton Line - Notification that no appeals have been received. (Page C128) 22. Municipality of Central Elgin – Notice of Passing of Zoning By-law Amendment relating to property at 45939 John Wise Line. (Page C129) 23. Municipality of Central Elgin – Minor Variance Public Meeting relating to the following properties: - 205 Prospect Street, Port Stanley. (Page C130) - 178 Kettle Creek Drive, Belmont. (Page C131) - 126 Ramona Lane, Belmont. (Page C132) - 43075 and 43105 Roberts Line, Yarmouth. (Page C133) 24. Municipality of Central Elgin – Notice of Intention to Remove Holding Zone relating to Kemsley Subdivision, now Eagle Ridge Phase 1, Geographic Township of Yarmouth. (Page C134) (H) Other Business (i) Kettle Creek Conservation Authority – Membership Application. RES 16 (Pages 122 - 125) (ii) Solicitor General – New Ontario Provincial Police Detachment Board Framework under the Community Safety and Policing Act, 2019. RES 17 (Pages 126 - 135) (iii) Elgin Area Water Supply System – Appointment of alternate Member on Board of Management. RES 18 (Pages 136) (I) By-laws (i) By-law No. 21-28 – Authorize the execution of a Transfer Payment Agreement (Fire Safety Grant). RES 19 (Pages 137 - 152) (ii) By-law No. 21-29 – Authorize acquisition of Property on Pressey Line. RES 20 (Page 153) (iii) By-law No. 21-30 – Authorize the execution of Development Agreement with David and Jacqueline Fehr. RES 21 (Pages 154 - 155) (J) Closed Session RES 22 and 23 (i) A proposed or pending acquisition or disposition of land by the municipality or local board relating to property on Century Line. (ii) A Labour Relations or Employee Negotiations Matter relating to the recruitment of a Chief Administrative Officer. (K) Confirmatory By-law RES 24 (Page 156) (L) Adjournment RES 25 **VIDEOCONFERENCE MEETING Note for Members of the Public: In order to respect the State of Emergency declared by the County of Elgin and not hold public gatherings, please note that the Regular Council Meeting scheduled to be held on April 8, 2021 will be via videoconference only. 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 the Clerk at mcasavecchia@malahide.ca 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 Council held on March 18, 2021 be adopted as printed and circulated. 2. THAT the minutes of the special meeting of the Council held on March 25, 2021 be adopted as printed and circulated. 3. THAT the presentation received from Sally Marten (Elgin Police Services Board Chair) and Julie Gonyou (Elgin Police Services Board Secretary- Treasurer) relating to the new Ontario Provincial Police Detachment Board Framework under the Community Safety and Policing Act, 2019, be received. 4. THAT the correspondence received from the Ministry of the Solicitor General, dated March 30, 2021, confirming Malahide’s compliance with the Emergency Management and Civil Protection Act in 2020, be received. 5. THAT Report No. PW -21-20 entitled “Contract Amendment: Ontario Clean Water Agency” be received; AND THAT the Mayor and CAO/Clerk be authorized to amend the existing service agreement with the Ontario Clean Water Agency for the Springfield Sanitary System to include the new OPC Sewage Pumping Station for the remaining duration of the existing agreement. 6. THAT Report No. PW -21-21 entitled “Tender Results – 2021 Asphalt Supply” be received. 7. THAT Report No. DCS-21-16 entitled “Application for Consent to Sever of 943448 Ontario Inc.” be received; AND THAT the Application for Consent to Sever No. D10-E21-21 as submitted by 943448 Ontario Inc., relating to the property located at North Parts of Lots 4 and 5, Concession 9, (Geographic Township of South Dorchester), and known municipally as 51275 Wilson Line, be supported for the reasons set out in this Report; 6 AND THAT this report be forwarded to the Land Division Committee for its review and consideration. 8. THAT the Malahide Township Council has no objection to the Land Severance No. E21/21, in the name of 943448 Ontario Inc. (Dawson), relating to the property located at Part Lots 4 and 5, Concession 9, Geographic Township of South Dorchester, subject to the following conditions: (i) That the applicant initiate and assume, if required, all engin eering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the township prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. (ii) That all outstanding work orders or by-law enforcement issues be resolved to the satisfaction of the Chief Building Official prior to the condition being deemed fulfilled. (iii) That the applicants initiate and assume all planning costs associated with the required Official Plan Amendment, Zoning Amendment, Minor Variance or other land use planning process as required in accordance with the Ontario Planning Act, RSO 1990, with such cost to be paid in full to the Township and that the required process be successfully completed prior to the condition being deemed fulfilled. (iv) Confirmation that private sewage system be confined entirely within the boundaries of the newly created parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. (v) That the necessary deeds, transfers and charges for certificates and/or instruments necessary for registration be submitted in triplicate prior to certification all of which are to be fully executed. (vi) That all applicable property taxes, municipal fees and charges be paid to the Municipality prior to the stamping of the deeds. (vii) That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. 7 (viii) That the applicant is responsible to apply and pay all fees to the Township with respect to Civic Addressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. (ix) That the existing barn located on the retained parcel be removed or demolished (and the lands graded to a level condition to the satisfaction of the Township), or, has obtained a Change of Use Permit from the Township that eliminates the ability for the structure to house livestock, prior to the condition being deemed fulfilled 9. THAT Report No. DS-21-17 entitled “Application for Consent to Sever of Patricia Zimmer” be received; AND THAT the Application for Consent to Sever No. D10-E22-21 as submitted by Patricia Zimmer relating to the property located at South Part of Lots 11, 12, Concession 8, Malahide, and known municipally as 49408 Glencolin Line, be supported for the reasons set out in this Report; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. 10. THAT the Malahide Township Council has no objection to the Land Severance No. E22/21, in the name of Patricia Zimmer, relating to the property located at Part Lots 11 and 12, Concession 8, Geographic Township of Malahide, subject to the following conditions: (i) That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the township prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. (ii) That all outstanding work orders or by-law enforcement issues be resolved to the satisfaction of the Chief Building Official prior to the condition being deemed fulfilled. (iii) That the applicants initiate and assume all planning costs associated with the required Official Plan Amendment, Zoning Amendment, Minor Variance or other land use planning process as required in accordance with the Ontario Planning Act, RSO 1990, with such cost to be paid in full to the Township and that the required process be successfully completed prior to the condition being deemed fulfilled. 8 (iv) Confirmation that private sewage system be confined entirely within the boundaries of the newly created parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. (v) That the necessary deeds, transfers and charges for certificates and/or instruments necessary for registration be submitted in triplicate prior to certification all of which are to be fully executed. (vi) That all applicable property taxes, municipal fees and charges be paid to the Municipality prior to the stamping of the deeds. (vii) That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. (viii) That the applicant is responsible to apply and pay all fees to the Township with respect to Civic Addressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. 11. THAT Report No. DCS-21-18 entitled “Applications for Consent to Sever of Marion Wallace” be received; AND THAT the Applications for Consent to Sever Nos. D10-E25-21 and D10-E26-21 as submitted by Marion Wallace relating to the property located at South Part of Lots 15 and 16, Concession 7, (Geographic Township of South Dorchester), and known municipally as 48550 and 48670 Yorke Line, be supported for the reasons set out in this Report AND THAT this report be forwarded to the Land Division Committee for its review and consideration. 12. THAT the Malahide Township Council has no objection to the Land Severance No. E25/21, in the name of Marion Wallace, relating to the property located at Part Lots 15 and 16, Concession 7, Geographic Township of South Dorchester, subject to the following conditions: (i) That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the township prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 9 (ii) That all entrance permits are acquired from the appropriate road authority as per our entrance control policy. (iii) That all outstanding work orders or by-law enforcement issues be resolved to the satisfaction of the Chief Building Official prior to the condition being deemed fulfilled. (iv) That the applicants initiate and assume all planning costs associated with the required Official Plan Amendment, Zoning Amendment, Minor Variance or other land use planning process as required in accordance with the Ontario Planning Act, RSO 1990, with such cost t o be paid in full to the Township and that the required process be successfully completed prior to the condition being deemed fulfilled. (v) Confirmation that private sewage system be confined entirely within the boundaries of the newly created parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. (vi) That the necessary deeds, transfers and charges for certificates and/or instruments necessary for registration be submitted in triplicate prior to certification all of which are to be fully executed. (vii) That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. (viii) That the applicant is responsible to apply and pay all fees to the Township with respect to Civic Addressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. (ix) The existing barn should either be demolished or the animal stalls within the barn completely removed (through a Change of Use Permit with the Township’s Building Division) so to ensure there will not be livestock housed in this structure. 13. THAT the Malahide Township Council has no objection to the Land Severance No. E26/21 in the name of Marion Wallace, relating to the property located at Part Lots 15 and 16, Concession 7, Geographic Township of South Dorchester, subject to the following conditions: (i) That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, 10 as amended, with a deposit to be paid in full to the township prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the ap plicant will be billed for any additional costs incurred. (ii) That all outstanding work orders or by-law enforcement issues be resolved to the satisfaction of the Chief Building Official prior to the condition being deemed fulfilled. (iii) That the applicants initiate and assume all planning costs associated with the required Official Plan Amendment, Zoning Amendment, Minor Variance or other land use planning process as required in accordance with the Ontario Planning Act, RSO 1990, with such cost to be paid in full to the Township and that the required process be successfully completed prior to the condition being deemed fulfilled. (iv) Confirmation that private sewage system be confined entirely within the boundaries of the newly created parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. (v) That the necessary deeds, transfers and charges for certificates and/or instruments necessary for registration be submitted in triplicate prior to certification all of which are to be fully executed. (vi) That all applicable property taxes, municipal fees and charges be paid to the Municipality prior to the stamping of the deeds. (vii) That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. (viii) That the applicant is responsible to apply and pay all fees to the Township with respect to Civic Addressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. 14. THAT Report No. DS-21-19 entitled “Development Agreement: Minor Variance Approval No. D13-MV-01-21 of David and Jacqueline Fehr” be received; AND THAT the draft Development Agreement between the Township and David and Jacqueline Fehr, affecting lands described as Concession 9, Part Lot 34, being Part 2 on Reference Plan 11R-5951, and known municipally as 53250 College Line, be approved. 15. THAT the following correspondence be noted and filed: 11 1. Association of Municipalities of Ontario - Watch File – dated March 18, 25, and April 1, 2021. 2. Township of South Glengarry – Resolution requesting the Provincial Government to procure approved COVID-19 Vaccines to be distributed to the residents of the Province of Ontario 3. Municipality of Tweed, City of Owen Sound – Resolution advocating for reform and reconsideration of the Negligence Act, R.S.O. 1990 c.N to provide for alternatives relating to Joint and Severable Liability. (Malahide Township supported AMO’s recommendations previously on January 21, 2021). 4. Municipality of Leamington, Township of Edwardsburg-Cardinal, Town of Plympton-Wyoming – Resolution requesting the Province to reverse their decision to close the Ontario Fire College Campus in Gravenhurst. (Malahide Township supported a similar resolutio n on February 4, 2021). 5. Municipality of Grey-Highlands – Resolution requesting the Province to provide a clear plan on how the Province intends to modernize and expand firefighter training ensuring equal access for all municipal fire departments as well as a plan for funding. 6. Town of Plympton-Wyoming – Resolution supporting Norfolk County resolution relating to application of carbon tax on primary agriculture producers. 7. Town of Fort Erie, Town of Plympton-Wyoming – Resolution supporting the City of Sarnia requesting the Province to adjust capacity limits as part of the colour coded system. 8. County of Peterborough – Resolution Supporting Niagara – Requesting the Province and Federal Government for additional funding regarding homelessness and lack of affordable housing in Niagara. 9. Town of Fort Erie – Resolution requesting Province to support overall health of Niagara community and end of life care required to alleviate burden on hospitals (Support of McNally House Hospice’s Life in Every Moment Campaign). 10. Town of Fort Erie – Resolution supporting Township of Brock’s request to Health Canada to confirm designated cannabis growers conform with local zoning and control by-laws, ensure local authorities are 12 notified of licence changes, and provide police and necessary enforcement. 11. Municipality of Calvin – Resolution requesting the Province to legislate universal paid sick days for all workers in Ontario. 12. Township of Pickle Lake – Resolution requesting the Province to amend the Municipal Elections Act so people with an un-cleared criminal record be prohibited from becoming a candidate in a municipal election. 13. Town of Orangeville – Resolution requesting the Minister of Infrastructure and the Minister of Municipal Affairs and Housing to withdraw Schedule 3 from Bill 257 relating to changes in the Planning Act. 14. Town of Kingsville – Resolution and correspondence to Federal Government stating their opposition to the adoption of any by-laws restricting the possession, storage and transportation of legally obtained handguns. 15. Town of Cochrane – Resolution requesting the Provincial Government to reverse their decision on the closure of the youth justice facility in Cochrane (MeeQuam Youth Residence). 16. Ontario Recreation Facilities Association (ORFA) – Offering continued support to its members during COVID-19. 17. Debbie France, Resident of Norfolk – Correspondence regarding Health Canada Cannabis Consultation open for comment until May 7, 2021. 18. Aylmer Water Distribution System - Annual Report 2020 – Drinking Water. 19. Ontario Clean Water Agency – Annual Wastewater Report - Aylmer Wastewater Treatment and Collections. 20. Long Point Region Conservation Authority – 2020 Annual Report. 21. County of Elgin – Official Plan Amendment of 1111944 Ontario Limited (Creative Enterprises) David and Mary Thiessen, relating to the property at 51631 and 51553 Calton Line - Notification that no appeals have been received. 22. Municipality of Central Elgin – Notice of Passing of Zoning By-law Amendment relating to property at 45939 John W ise Line. 13 23. Municipality of Central Elgin – Minor Variance Public Meeting relating to the following properties: - 205 Prospect Street, Port Stanley. - 178 Kettle Creek Drive, Belmont. - 126 Ramona Lane, Belmont. - 43075 and 43105 Roberts Line, Yarmouth. 24. Municipality of Central Elgin – Notice of Intention to Remove Holding Zone relating to Kemsley Subdivision, now Eagle Ridge Phase 1, Geographic Township of Yarmouth. 16. THAT the Malahide Township Council supports maintaining the current membership of the Kettle Creek Conservation Authority allocating one (1) member each to the Municipality of Central Elgin, the Municipality of Middlesex Centre, the Municipality of Thames Centre, the Township of Malahide, and the Township of Southwold; and two (2) members to the City of St. Thomas; and three (3) members to the City of London; AND THAT the Malahide Township Council supports the re-evaluation of the membership of the Kettle Creek Conservation Authority based on population data available prior to member appointments following the municipal elections in 2022. 17. THAT the correspondence received from the Solicitor General, dated March 17, 2021, relating to the New Ontario Provincial Police Detachment Board Framework under the Community Safety and Policing Act, 2019, be received. 18. THAT the correspondence received from the Elgin Area Water Supply System and the Town of Aylmer, relating to the appointment of an additional alternate on the Board of Management for the Elgin Area Water Supply System, be referred to the Aylmer Area Secondary Water Board for further consideration. 19. THAT By-law No. 21-28, being a By-law to execute a Lease Agreement with Her Majesty the Queen in Right of Ontario, as represented by the Ontario Fire Marshal, relating to the Fire Safety Grant, be given first, second and third readings, and be properly signed and sealed. 20. THAT By-law No. 21-29, being a By-law to authorize the acquisition of property on Pressey Line, be given first, second and third readings, and be properly signed and sealed. 21. THAT By-law No. 21-30, being a By-law to execute a Development Agreement with David and Jacqueline Fehr, relating to property at Part Lot 14 34, Concession 9, known municipally as 53250 College Line , be given first, second and third readings, and be properly signed and sealed. 22. THAT Council move into Closed Session at _________ p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discuss the following: (i) A proposed or pending acquisition or disposition of land by the municipality or local board relating to property on Century Line; and (ii) A Labour Relations or Employee Negotiations Matter relating to the recruitment of a Chief Administrative Officer. 23. THAT Council move out of Closed Session and reconvene at _________ p.m. in order to continue with its deliberations. 24. THAT By-law No. 21- 27, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. 25. THAT the Council adjourn its meeting at _________ p.m. to meet again on April 22, 2021, at 7:30 p.m. 15 21-55 The Corporation of the Township of Malahide March 18, 2021 – 7:30 p.m. ________________________________________________________________ The Malahide Township Council met via videoconference. The Deputy Clerk was present in the Township Office, 87 John Street South, Aylmer, Ontario. Due to COVID-19 and public health concerns, public attendance was not permitted at this meeting. The Mayor and o ther Members of Council participated remotely. The following members were present: Council Members via Videoconference: Mayor D. Mennill, Deputy Mayor D. Giguère, Councillor R. Cerna, Councillor C. Glinski, Councillor M. Moore, Councillor S. Lewis, and Councillor M. Widner. Staff via Videoconference: Chief Administrative Officer/Clerk M. Casavecchia- Somers, Director of Financial Services A. Mohile, Director of Public Works M. Sweetland, Director of Development Services A. Betteridge, Manager of Information Technology C. Coxen, Drainage Superintendent Bob Lopez, Water/Wastewater Operations Manager S. Gustavson, and Deputy Clerk D. Wilson. 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: Councillor Widner disclosed a pecuniary interest with respect to the following Council Agenda Items: (D) (ii) Drain Consideration – Staley Drain (iii) Drain Consideration – Hiepleh-Dance Drain, Branch E The nature of the conflict being that a Junior Partner at Spriet Associates is an immediate relative of his. MINUTES: 16 21-56 No. 21-101 Moved by: Rick Cerna Seconded by: Mark Widner THAT the minutes of the regular meeting of the Council held on March 4, 2021 be adopted as printed and circulated. Carried. PRESENTATIONS/DELEGATIONS/PETITIONS - Minor Variance Application of David and Jacqueline Fehr, relating to 53250 College Line. No. 21-102 Moved by: Max Moore Seconded by: Rick Cerna THAT the Committee of Adjustment for the Township of Malahide be called to order at 7: p.m. and that Mayor Dave Mennill be appointed Chairperson for the “Committee of Adjustment”. Carried. Chair Mennill advised that the purpose of this Public Meeting is to consider an application for a Minor Variance as submitted by David and Jacqueline Fehr relating to the property located at 53250 College Line. Chair Mennill requested the Director of Development Services to provide an overview of the application. The Director advised that the purpose and effect of this variance is to grant relief relating to an addition for an accessory building (shop) from the following: (i) The prescribed maximum floor area limit of 200 square metres (approximately 2,150 square feet). Once enlarged, the finished shop will be approximately 292.65 square metres (3,150 square feet); and (ii) The prescribed maximum floor area of 200 square metres (approximately 2,150 square feet) for a home occupation within an accessory structure. The floor area of the accessory b uilding used for the home occupation is proposed to be approximately 224 square metres (2,411 square feet). The Planner also recommended the following conditions be implemented if the Minor Variance was approved by the Council in order to ensure zoning 17 21-57 compliance relating to the existing business: (i) That the owner obtain the necessary Building Permit(s) and obain occupancy of the proposed structure within one (1) year from the date of the decision, and to the satisfaction of the Director of Development Services ensuring that the approved variance applies only to the proposed detached accessory structure which is to be situated illustrated in the application; and, (ii) That the owner enter into a development agreement with the Township to regulate the use of the proposed Home Occupation/Contractors Yard or Shop on the subject property. Chair Mennill asked the Applicant and/or their agent to provide any additional information and it was noted that the Applicant’s provided additional correspondence in support of their application. Chair Mennill asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that no comments have been received to date. Chair Mennill asked if any person in attendance wished to make any comments regarding the application and there were none. Chair Mennill inquired if any Committee Members had any questions regarding the application and there were none. Chair Mennill advised that the Committee will consider all comments received when making its final decision on the application. No. 21-103 Moved by: Mark Widner Seconded by: Scott Lewis THAT Report No. DS-21-12 entitled “Minor Variance Application No. D13- MV-01-21 of David & Jacqueline Fehr” and affecting lands described as CON 9 PT LOT 34, being Part 2 on RP 11R-5951 (53250 College Line) be received; AND THAT Minor Variance Application No. D13-MV-01-21 be approved by the Township of Malahide Committee of Adjustment in order to permit an addition onto the existing shop which requires specific relief from the Township of Malahide Zoning By-law No. 18-22 as follows: i. Notwithstanding the prescribed maximum floor area limit of 200 square metres (approximately 2,150 square feet) as per 18 21-58 Section 5.3.1 of Zoning By-law No. 18-22, an enlarged shop not exceeding approximately 293 square metres (3,154 square feet) shall be permitted; and, ii. Notwithstanding the prescribed maximum floor area limit of 200 square metres (approximately 2,150 square feet) as per Section 5.3.4 of Zoning By-law No. 18-22, a home occupation described as a Contractor’s Yard or Shop within the enlarged shop is permitted subject to the floor area not exceeding 225 square metres (2,422 square feet); AND THAT the approval of the Minor Variance shall be subject to the following conditions: 1) That the owner/applicant obtain the necessary Building Permit(s) and obtain occupancy of the proposed structure within one (1) year from the date of decision, and to the satisfaction of the Director of Development Services ensuring that the approved variance applies only to the proposed detached accessory structure which is to be situated as illustrated in the application; and 2) That the owner/applicant enter into a development agreement with the Township of Malahide to regulate the use of the proposed Home Occupation/Contractor’s Yard or Shop on the subject property. Carried. No. 21-104 Moved by: Dominique Giguère Seconded by: Max Moore THAT the Committee of Adjustment for the Township of Malahide be adjourned and the Council meeting reconvene at 7:40 p.m. Carried. - Meeting to Consider – Staley Drain relating to property at Part Lots 19 to 29, Concessions 6 and 7, Geographic Township of Malahide. Councillor Widner declared a conflict of interest with respect to Council Agenda Items D (ii) relating to the Staley Drain; and D (iii) relating to the Hiepleh-Dance Drain, retired from the meeting and abstained from all discussions and voting o n the matter. Drainage Engineer, John M. Spriet, of Spriet Associates, appeared before the Council to present the Drainage Engineer’s Report, dated February 12, 2021, 19 21-59 regarding the Staley Drain and outlined the nature of the proposed work. Mayor Mennill inquired if any persons were in attendance that wished to comment or ask questions concerning the Drainage Report and there were none. Mayor Mennill inquired if any persons, including Members of Council, would like to withdraw or add their names to the Petition and there were none. No. 21-105 Moved by: Rick Cerna Seconded by: Scott Lewis THAT the Engineer’s Report for the Staley Drain, as prepared by Spriet Associates and dated February 12, 2021, be accepted; AND THAT By-law No. 21-18, being a by-law to provide for the Staley Drain drainage works be read a first and second time and provisionally adopted. Carried. No. 21-106 Moved by: Scott Lewis Seconded by: Dominique Giguère THAT the Court of Revision for the Staley Drain be scheduled to be held on April 22, 2021 at 7:30 p.m. Carried. No. 21-107 Moved by: Max Moore Seconded by: Chester Glinski THAT the tenders for the construction of the Staley Drain be requested for April 15, 2021 at 11:00 a.m. Carried. - Meeting to Consider – Hiepleh-Dance Drain Branch E relating to property at Part Lot 1, Concession 10, Geographic Township of South Dorchester, and Part Lot 20, Concession 12, Municipality of Central Elgin. Drainage Engineer, John M. Spriet, of Spriet Associates, appeared before the Council to present the Drainage Engineer’s Report, dated February 8, 2021, 20 21-60 regarding the Hiepleh-Dance Drain Branch E and outlined the nature of the proposed work. Mayor Mennill inquired if any persons were in attendance that wished t o comment or ask questions concerning the Drainage Report and there were none. Mayor Mennill inquired if any persons, including Members of Council, would like to withdraw or add their names to the Petition and there were none. No. 21-108 Moved by: Chester Glinski Seconded by: Scott Lewis THAT the Engineer’s Report for the Hiepleh-Dance Drain, Branch E, as prepared by Spriet Associates and dated February 8, 2021, be accepted; AND THAT By-law No. 21-19, being a by-law to provide for the Hiepleh- Dance Drain, Branch E drainage works be read a first and second time and provisionally adopted. Carried. No. 21-109 Moved by: Rick Cerna Seconded by: Scott Lewis THAT the Court of Revision for the Hiepleh-Dance Drain, Branch E, be scheduled to be held on April 22, 2021 at 7:30 p.m. Carried. No. 21-110 Moved by: Max Moore Seconded by: Chester Glinski THAT the tenders for the construction of the Hiepleh-Dance Drain, Branch E, be requested for April 15, 2021 at 11:00 a.m. Carried. The Mayor thanked the Engineer, John M. Spriet, for his presentation and he retired from the meeting. Councillor Widner resumed his seat in the videoconference. 21 21-61 REPORTS: Director of Fire and Emergency Services - Emergency Services Activity Report No. 21-111 Moved by: Dominique Giguère Seconded by: Rick Cerna THAT Report No. F21-05 entitled “Emergency Services Activity Report – February” be received. Carried. Director of Public Works - Malahide Water Distribution System: 2020 Drinking Water Quality Trends Report and the 2021 Management Review Meeting Minutes No. 21-112 Moved by: Mark Widner Seconded by: Max Moore THAT Report No. PW-21-13 entitled “Malahide Water Distribution System: 2020 Drinking Water Quality Trends Report and the 2021 Management Review Meeting Minutes” be received. Carried. - Malahide Water Distribution System: 2020 Section 11 Annual Report and Schedule 22 Summary Report No. 21-113 Moved by: Rick Cerna Seconded by: Dominique Giguère THAT Report No. PW-21-16 entitled “Malahide Water Distribution System: 2020 Section 11 Annual Report and Schedule 22 Summary Report” be received. Carried. - Springfield Sewer Collection System: 2020 Performance Report No. 21-114 22 21-62 Moved by: Max Moore Seconded by: Chester Glinski THAT Report No. PW-21-17 entitled “Springfield Sewer Collection System: 2020 Performance Report” be received. Carried. - Avon Drive & Putnam Road Intersection Concerns No. 21-115 Moved by: Mark Widner Seconded by: Rick Cerna THAT Report PW-21-18 entitled “Avon Drive & Putnam Road Intersection Concerns” be received; AND THAT the Township Staff be directed to advise the Elgin County Council that the Malahide Township Council recommends the investigation of speed warrants and/or potential implementation of other traffic calming measures and intersection control devices at the intersection of Avon Drive (Elgin Road 37) and Putnam Road (Elgin Road 47); AND THAT the Township Staff be directed to advise the Middlesex County Council that the Malahide Township Council recommends the investigation of intersection control devices at the intersection of Avon Drive (Elgin Road 37) and Putnam Road (County Road 30). Carried. No. 21-116 Moved by: Max Moore Seconded by: Scott Lewis THAT the Township Staff take no action at this time with respect to the implementation of a bulk waste collection program for the Township. Carried. Director of Development Services - Site Plan Application No. D11-SP01-2021 of Tom and Suzanne Pettit No. 21-117 Moved by: Mark Widner Seconded by: Dominique Giguere 23 21-63 THAT Report No. DS-21-14 entitled “Site Plan Application No. D11-SP01- 2021 of Tom and Suzanne Pettit” be received; AND THAT attached Site Plan Drawing and Site Plan Agreement relating to the property located at South Part of Lot 22, Concession 7, being 47060 Yorke Line, Township of Malahide, be approved; AND THAT the By-law No. 21-26 authorizing the Mayor and CAO/Clerk to sign the said Site Plan Agreement be approved. Carried. REPORTS OF COMMITTEES/OUTSIDE BOARDS: No. 21-118 Moved by: Rick Cerna Seconded by: Scott Lewis THAT the following Reports of Committees/Outside Boards be noted and filed: (i) Long Point Regional Conservation Authority Board of Directors – Minutes of February 3, 2021; and (ii) Aylmer Area Secondary Water Supply System and Port Burwell Area Secondary Water Supply System Joint Board of Management – Minutes of December 9, 2020. Carried. CORRESPONDENCE: No. 21-119 Moved by: Mark Widner Seconded by: Chester Glinski THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File – dated March 4 and 11, 2021. 2. Township of Adjala-Tosorontio – Resolution requesting amendment to Tile Drain Installation Act requiring contractors to file farm tile drainage installation plans with local municipality. 24 21-64 (Malahide Council supported a similar Resolution of the Township of Howick on December 17, 2020.) 3. Municipal of West Grey – Resolution supporting Grey Highlands resolution relating to insurance costs wherein they call on the Province of Ontario to review the seven recommendations of AMO to investigate municipal insurance issues. (Malahide Council supported a similar Resolution of Charlton & Dack and Larder Lake on January 21, 2021). 4. Township of Brock – Resolution requesting the Province to reverse its decision to close the Ontario Fire College Campus in Gravenhurst. (Malahide Township supported a similar resolution on February 4, 2021). 5. Township of Howick – Resolution requesting the Province to provide a clear plan on how the Province intends to modernize and expand firefighter training ensuring equal access for all municipal fire departments as well as a plan for funding. 6. Fire Marshal’s Communique – Update on overview of the Ontario Fire College training modernization through several modes, including online and blended courses, Regional Training Centres, and Learning Contracts. 7. Township of Brock – Resolution requesting Health Canada to ensure Federal cannabis licences conform with local zoning and control by-laws, ensure local authorities are notified of licence changes, and provide police and enforcement necessary support. 8. Region of Niagara – Resolution requesting the Province to amend Bill 197 COVID-19 Economic Recovery Act, 2020, to eliminate the development approval requirement provisions from adjacent municipalities and that the “host” municipality be empowered to render final approval for landfills within their jurisdiction. 9. Township of Lake of Bays – Resolution requesting the Province to review and reconsider the capacity limits for restaurants across the Province be based on size of the square footage of the seating area instead of a flat occupancy. 10. Region of Niagara – Resolution acknowledging crisis in Niagara regarding homelessness, lack of affordable housing, and requesting the Province and Federal Government for additional funding. 25 21-65 11. City of Sarnia – Resolution requesting the Province to adjust the capacity limits for dining, restaurants, sporting and recreational facilities, place of worship, event centres, and all retail/small businesses as part of the colour coded system. 12. Township of Southwold – Correspondence to the County of Elgin relating to the Economic Development – Service Delivery Review and requesting that local Economic Development Committees and staff be given an opportunity to review and comment on any recommendations that may be developed to ensure local, rural perspectives are considered. 13. Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) – Correspondence noting the importance of continued municipal staff training. Carried. OTHER BUSINESS: - Enterprise Geographic Information System No. 21-120 Moved by: Dominique Giguère Seconded by: Rick Cerna THAT the correspondence received from Warden Tom Marks, of the County of Elgin, dated March 1, 2021, and the accompanying Report of the County’s Director of Engineering Services entitled “Enterprise Geographic Information System” be received. Carried. - Cycling Themed Mural at Wonnacott Park Deputy Mayor Giguère suggested that the County of Elgin be asked to communicate with the Port Bruce Ratepayers Association prior to installation of the mural. The Council agreed that the local community should be consulted prior to proceeding with the mural. No. 21-121 Moved by: Rick Cerna Seconded by: Scott Lewis THAT, the Malahide Township Council does hereby approve the County of Elgin’s request to place a cycling-themed mural on the north and east walls 26 21-66 of the Port Bruce Public Washroom Building in Wonnacott Park in 2021 on the understanding the County will communicate with the Port Bruce Ratepayers Association prior to commencing with the installation of the mural; and it being noted that such project will be funded with the bequest from the Estate of Donna Vera Evans Bushel. Carried. - Catfish Creek Conservation Authority – Annual General Meeting Councilor Cerna noted recent changes to the Conservation Authorities Act required obtaining an exemption from the Province to renew his appointment as Chair on the Board of Directors for the Catfish Creek Conservation Authority for one additional year. He noted Lori Baldwin-Sands from the City of St. Thomas was the new Vice-Chair. BY-LAWS: - By-law No. 21-12 – Third Reading of J. A. Charlton Drain No. 21-122 Moved by: Max Moore Seconded by: Rick Cerna THAT By-law No. 21-12, being a By-law to provide for Drainage works on the J. A. Charlton Drain, be read a third time, finally passed, and be properly signed and sealed. Carried. - By-law No. 21-21 – Miller Waste Systems Agreement – Waste Management Collection Services No. 21-123 Moved by: Mark Widner Seconded by: Scott Lewis THAT By-law 21-21, being a By-law to authorize the execution of an Agreement with Miller Waste Systems for the provision of curbside waste management collection services, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 21-22 – Parking By-law 27 21-67 No. 21-124 Moved by: Rick Cerna Seconded by: Chester Glinski THAT By-law No. 21-22, being a By-law to amend the Parking By-law, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 21-23 – Repeal One-Way Streets in Port Bruce No. 21-125 Moved by: Scott Lewis Seconded by: Dominique Giguère THAT By-law No. 21-23, being a by-law to repeal one-way streets in Port Bruce, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 21-24 – Incorporate Various Parcels into Road System No. 21-126 Moved by: Chester Glinski Seconded by: Scott Lewis THAT By-law No. 21-24, being a By-law to incorporate various parcels into road system, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 21-26 – Site Plan Agreement with Pettit No. 21-127 Moved by: Mark Widner Seconded by: Max Moore THAT By-law No. 21-26, being a By-law to authorize the execution of a Site Plan Agreement with Thomas Lewis Pettit and Suzanne Grace Pettit, relating to Part Lot 22, Concession 7, Geographic Township of South Dorchester, municipally known as 47060 Yorke Line, be given first, second and third readings, and be properly signed and sealed. Carried. 28 21-68 CLOSED SESSION: No. 21-128 Moved by: Rick Cerna Seconded by: Mark Widner THAT Council move into Closed Session at 8:22 p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discuss the following: (i) a litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, relating to a zoning by-law infraction on Springfield Road. (ii) a Personal Matter about an identifiable individual, including municipal or local board employees, relating to the Malahide Fire Services personnel policies and procedures. Carried. No. 21-129 Moved by: Scott Lewis Seconded by: Rick Cerna THAT Council move out of Closed Session and reconvene at 9:05 p.m. in order to continue with its deliberations. Carried. No. 21-130 Moved by: Dominique Giguère Seconded by: Mark Widner THAT Pinnacle HR Strategies be retained to conduct a review relating to Malahide Fire Services Personnel Policies and Procedures, in the amount of $8,995.00. Carried. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, relating to a zoning by-law infraction related to a property on Springfield Road. There is nothing further to report. 29 21-69 CONFIRMATORY: No. 21-131 Moved by: Scott Lewis Seconded by: Rick Cerna THAT By-law No. 21-25, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 21-132 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Council adjourn its meeting at 9:10 p.m. to meet again on April 8, 2021 at 7:30 p.m. Carried. ___________________________________________ Mayor – D. Mennill __________________________________________ Clerk – M. Casavecchia-Somers 30 21-66 The Corporation of the Township of Malahide Special Council Meeting March 25, 2021 – 10:00 a.m. ________________________________________________________________ The Malahide Township Council met via video conference. The Human Resources Manager G. Tracey (Acting Deputy Clerk) was present at the Malahide South Fire Hall, 7355 Imperial Road. Due to the COVID-19 pandemic and public health concerns, delegations and public attendance was not permitted at this meeting. The Mayor and other Members of Council participated remotely. The following members were present: Council via Video Conference: Mayor D. Mennill, Deputy Mayor D. Giguère, Councillor C. Glinski, Councillor M. Moore and Councillor M. Widner. Staff via Video Conference: CAO/Clerk M. Casavecchia-Somers and HR Manager G. Tracey. Additional Attendees: County of Elgin HR Director Amy Thomson. Absent with Regret: Councillor R. Cerna and Councillor S. Lewis. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 10:06 a.m. Roll call was taken by the CAO/Clerk. DISCLOSURE OF PECUNIARY INTEREST and the General Nature thereof: No disclosures of pecuniary interest were declared. CLOSED SESSION: No. 21-133 Moved by: Max Moore Seconded by: Mark Widner THAT Council move into Closed Session at 10:08 a.m., pursuant to Section 31 21-67 239(2) of the Municipal Act, 2001, as amended, to discuss a Labour Relations or Employee Negotiations Matter relating to the recruitment of a Chief Administrative Officer. Carried. No. 21-134 Moved by: Chester Glinski Seconded by: Dominique Giguère THAT Council move out of Closed Session and reconvene at 10:55 a.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 Labour Relations or Employee Negotiations Matter relating to the recruitment of a Chief Administrative Officer. There is nothing further to report. ADJOURNMENT: No. 21-135 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Council adjourn its Special Meeting at 10:57 a.m. to meet on April 8, 2021, at 7:30 p.m. Carried. _____________________________ Mayor - D. Mennill _____________________________ Clerk – M. Casavecchia-Somers 32 Ontario Provincial Police (OPP) Board Composition Review April 2021 Mayor Sally Martyn, Chair - Elgin Group Police Services Board Ida McCallum, Vice Chair - Elgin Group Police Services Board Julie Gonyou, Secretary-Administrator - Elgin Group Police Services Board Presentation to Local Municipal Councils 33 Background Community Safety and Policing Act (CSPA) - 2022; Section 10 agreements will be terminated and Section 10 Boards, including Elgin Group Police Services Board (PSB), will be dissolved; CSPA seeks to provide municipalities receiving OPP municipal policing with greater civilian governance of police, by having the opportunity to present their local perspectives, needs, and priorities; and It is anticipated that this will increase the responsiveness and transparency of OPP policing in these communities. 34 Timelines March 18, 2021 - OPP Detachment Board Proposal Process Launched June 7, 2021 - Proposal due to Ministry Fall 2021 - Ministry approval anticipated January 2022 - Roll out (estimated) Process Approach allows municipalities to determine the preferred composition of their detachment board(s) by submitting a proposal (Ministry-provided form); Municipalities are required to work together to develop and submit one proposal indicating the composition of their board(s); There is no need to identify individuals, number of seats each municipality will be allocated on the board as well as the number of community reps and provincial appointments must be identified; and If consensus can't be reached, the Ministry will determine the composition of the board(s). 35 Current Composition of the Board: (a) one (1) elected representative appointed by resolution from Eastern Elgin, alternating every 3 years between the Township of Malahide and the Municipality of Bayham; (b) one (1) elected representative appointed by resolution of the Council of the Municipality of Central Elgin for a 3-year term; (c) one (1) community representative from Western Elgin, apointed by resolution jointly by the Township of Southwold, the Municipality of Dutton/Dunwich and the Municipality of West Elgin for a 3-year term; and (d) two (2) persons appointed by the Lieutenant Governor In Council. Elgin Group PSB 36 Elgin Group PSB Established in 2005 County Chief Administrative Officer is the Secretary-Administrator Funds and billing administered by the County Billing model is unlikley to change (based on calls of service/per household formula) Elgin Group PSB currently meets all of the minimum requirements of the proposal and is a high- functioning board. 37 Elgin Group PSB How we measure success: Composition of 5 strikes a balance between too few and too many board members Attendance Members trust and challenge one another and engage directly with OPP leadership on critical issues facing our community Clarity - the board understands our role, protocols and expectations Cohesiveness - members are respectful of individual opinions and open to dialogue Board members actively participate in Ontario Police Services Board Association regional meetings and attend seminars/conferences 38 Next Steps: Gather feedback from local Councils about current composition determine if there is an interest in maintaining status quo; Explore whether there is an interest in adding representatives (if so, who: elected officials / citizen representatives / provincial appointees?) Review feedback Secretary-Administrator will review with Elgin's Administrator Group and PSB Chair will share results with local Councils Propose a structure for Elgin's PSB Seek endorsement of proposed structure formal resolutions from local Councils required as part of submission Elgin Group PSB Secretary-Administrator will submit one application on behalf of the 6 municipalities This was agreed to by local Administrators (CAOs) 1. 2. 3. 4. 5. 6. 39 Rates: Bayham - 0.14692 Central Elgin - 0.34048 Dutton Dunwich - 0.09229 Malahide - 0.16500 Southwold - 0.09798 West Elgin - 0.15732 40 Current Composition CENTRAL ELGIN ELECTED OFFICIAL (1) EASTERN ELGIN ELECTED OFFICIAL (1) WESTERN ELGIN COMMUNITY REPRESENTATIVE (1) PROVINCIAL APPOINTEES (2) TOTAL = 5 REPRESENTATIVES 41 Annual PSB Costs incurred by local municipalities 5 REPRESENTATIVES Chair $2,000 x 1 Board Members $1,500 x 2 members Provincial Appointees $1,500 x 2 members Secretary Administrator $1,200 Total: $9,200 Budget $3,000 x 3 members Total: $9,000 Budget $1,000 x 5 members Total: $5,000 Mileage $2,000 Miscellaneous (office supplies) $1,430 OAPSB Membership $1,540 Insurance $7,400 (2021) Total: $12,370 Remuneration: Conferences: Seminars: Other: TOTAL: $35,570 42 Enhanced Municipal & Citizen Representation CENTRAL ELGIN ELECTED OFFICIAL (1) CENTRAL ELGIN CITIZEN REPRESENTATIVE (1) BAYHAM ELECTED OFFICIAL (1) MALAHIDE ELECTED OFFICIAL (1) WEST ELGIN ELECTED OFFICIAL (1) DUTTON-DUNWICH ELECTED OFFICIAL (1) SOUTHWOLD ELECTED OFFICIAL (1) PROVINCIAL APPOINTEES (2) CITIZEN REPRESENTATIVE - ONE (1) EASTERN ELGIN CITIZEN REPRESENTATIVE - ONE (1) WESTERN ELGIN TOTAL = 11 REPRESENTATIVES 43 COSTS Chair $2,000 x 1 member Board Members $1,500 x 8 Provincial Appointees $1,500 x 2 Secretary Administrator (estimated) $2,000 Total: $19,000 Budget $3,000 x 7 members Total: $21,000 Budget $1,000 x 11 members Total: $11,000 Mileage $3,600 Miscellaneous (office supplies) $2,574 OAPSB Membership $1,540 Insurance $7,400 (2021) Total: $15,114 Remuneration: Conferences: Seminars: Other: TOTAL: $66,114 11 REPRESENTATIVES 44 Enhanced Municipal & Citizen Representation CENTRAL ELGIN ELECTED OFFICIAL (1) CITIZEN REPRESENTATIVE - CENTRAL ELGIN (1) ONE EASTERN ELGIN ELECTED OFFICIAL (1) - ALTERNATING (BAYHAM/MALAHIDE) CITIZEN REPRESENTATIVE - ONE (1) EASTERN ELGIN ONE WESTERN ELGIN ELECTED OFFICIAL (1) - ALTERNATING (SOUTHWOLD/WEST ELGIN/DUTTON DUNWICH) CITIZEN REPRESENTATIVE - ONE (1) WESTERN ELGIN PROVINCIAL APPOINTEES (2) TOTAL = 9 REPRESENTATIVES 34.1% OF BUDGET 31.2% OF BUDGET 34.7% OF BUDGET CITIZEN REPRESENTATIVE (1) 45 COSTS Chair $2,000 x 1 member Board Members $1,500 x 7 Provincial Appointees $1,500 x 2 Secretary Administrator (estimated) $1,750 Total: $17,250 Budget $3,000 x 6 members Total: $18,000 Budget $1,000 x 9 members Total: $9,000 Mileage $3,000 Miscellaneous (office supplies) $2,100 OAPSB Membership $1,540 Insurance $7,400 (2021) Total: $14,040 Remuneration: Conferences: Seminars: Other: TOTAL: $58,290 9 REPRESENTATIVES 46 Feedback We want to hear from you! 47 Ministry of the Solicitor General Office of the Fire Marshal and Emergency Management 25 Morton Shulman Avenue Toronto ON M3M 0B1 Tel: 647-329-1100 Fax: 647-329-1143 Ministère du Solliciteur général Bureau du commissaire des incendies et de la gestion des situations d'urgence 25 Morton Shulman Avenue Toronto ON M3M 0B1 Tél. : 647-329-1100 Téléc. : 647-329-1143 March 30, 2021 Your Worship Dave Mennill Township of Malahide 87 John Street S. Aylmer, ON N5H2C3 Dear Mayor: As the Chief of Emergency Management for Ontario, it is incumbent on me to monitor, coordinate and assist municipalities with their respective municipal emergency management programs in accordance with the Emergency Management and Civil Protection Act (EMCPA). To confirm municipalities are in compliance with the EMCPA, every municipality in Ontario submits a compliance package to Emergency Management Ontario on a yearly basis. Emergency Management Ontario (EMO) has reviewed the documentation submitted by your Community Emergency Management Coordinator (CEMC) and have determined that your municipality was compliant with the EMCPA in 2020. The safety of all our citizens is important, and one way to ensure that safety is to ensure that your municipality is prepared in case of an emergency. We congratulate you on your municipality's efforts in achieving compliance in 2020. I look forward to continuing to work with you to support your continued compliance on an ongoing basis. If you have any questions or concerns about this letter, please contact our Emergency Management Field Officer assigned to your Sector; their contact information is below. Name: Christopher Pape Email: Christopher.Pape@ontario.ca Phone: 519-854-6595 Sincerely, Teepu Khawja Assistant Deputy Minister and Chief, Emergency Management cc: Brent Smith - CEMC Christopher Pape - Field Officer - St.Clair Sector 48 Report to Council REPORT NO.: PW -21-20 DATE: March 29, 2021 ATTACHMENT: Change Order: Schedule A & C, Facility and Services Change Oder: OPC Sewage Pumping Station Operations and Maintenance Service Agreement SUBJECT: Contract Amendment: Ontario Clean Water Agency Recommendation: THAT Report No. PW-21-20 entitled “Contract Amendment: Ontario Clean Water Agency” be received; AND THAT the Mayor and CAO/Clerk be authorized to amend the existing service agreement with the Ontario Clean Water Agency for the Springfield Sanitary System to include the new OPC Sewage Pumping Station for the remaining duration of the existing agreement. Background: As the Council is aware the Springfield Sanitary Sewer System is operated under contract by the Ontario Clean Water Agency (OCWA). The former OPC Sewage Pumping Station was demolished and a new sewage pumping station was commissioned and put into operation in October of 2020. The station was previously owned by Infrastructure Ontario, and an agreement has been in place with the Province and the Town of Aylmer, whom contracted OCWA to operate and maintain the former station. Now that the new station has reached substantial completion and the ownership transfer of the station from the Province of Ontario to the Township of Malahide is complete, there is a need to amend the existing service agreement between OCWA and the Township to provide the operation and maintenance needs of the new station. It should be noted that the existing forcemain (from OPC to Aylmer Lagoons) is still under the ownership of the Province and is not included in the amended agreement and change order attached to this report. The Township of Malahide originally signed a sewer operations and maintenance services agreement contract with OCWA in 2012. The initial term of the Agreement was for a period of five (5) years which started in January of 2013 and was extended as approved by Council for an additional five (5) years on December 31, 2017, for expiry on December 31, 2022. 49 Comments/Analysis The Staff has been very satisfied with the manner in which OCWA has operated and maintained the Springfield system. OCWA has successfully undertaken capital projects, and through regular reporting and meetings has kept the owners apprised of the condition and operation of the system. They continue to meet or exceed regulatory requirements and have demonstrated their ability to monitor, maintain and ensure quality service. As a result of the continued successful operation of Springfield system by OCWA, the Staff are recommending the existing agreement be amended to include the operation and maintenance of the new OPC Sewage Pumping Station for the duration of the existing agreement ending December 31, 2022. The attached amendment and change order to the existing service agreement has undergone revisions to account for the addition of the operation and maintenance requirements of the new OPC Sewage Pumping Station. These amendments have been reviewed by Township Staff, and have been found to be representative of the operational requirements for the new station. As a result of the foregoing, the Staff recommend that the Council accept the amendment and change order to the existing service agreement between the Township of Malahide and OCWA for the purpose of adding the operation and maintenance agreement for the OPC Sewage Pump Station. Summary The current operation and maintenance agreement with the Ontario Clean Water Agency for the Malahide Sanitary Sewer System expires on December 31, 2022. This report is to advise the Council of the Staff’s recommendation that the Council amend the existing Springfield Sanitary Sewer System operation and maintenance service agreement , to include the operation of the OPC Sewage Pump Station for the duration of the aforementioned agreement with OCWA. Financial Implications to Budget As with the existing agreement, the contract price for the maintenance and operation of the OPC Sewage Pumping Station is based on actual expenses plus a Management Fee. The annual fee starting from April 1, 2021 to December 31, 2021 is estimated at $31,430.05 as shown in the attached change order. The estimated versus actual costs will be reconciled at year end. This estimated fee represents an approximate $10,000 annual increase to the fees payable by the Township for the O&M of the old OPC pumping station, and may be accommodated in the Township’s Sewage Rates. 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 Ou r Government. 50 One of the goals that support the “Embody Financial Efficiency throughout Decision‐ Making” Strategic Pillar is ensuring that the cost of maintaining municipal infrastructure is equitably borne by current and future ratepayers. Submitted by: Approved by: Approved for Council: Sam Gustavson, Water/ Wastewater Operations Manager Matt Sweetland, P.Eng., Director of Public Works 51 Change Order Form Adjustment Check Appropriate Type of Change Apply (Y/N) Type of Change: Y O&M Agreement Y Change to Service Y Impact – Term from April 1, 2021 – December 31, 2022 Adjustment to Annual Price Description – Attach Additional Documentation if Required The Township of Malahide Amending Agreement for Springfield WWC to add the Ontario Police College Pumping Station – operations and maintenance Change in Services Description – Attach Additional Documentation if Required Ontario Police College Pumping Station Operations and Maintenance Services Attached Cost Breakdown for Change in Services Item Quantity One-time Cost Annual Cost 2021 Ontario Police College PS – Annual Revenue $27,422.04 2021 Ontario Police College PS Annual Management Fee $4,008.01 2021 Annual Fee from April 1- December 31, 2021 Total Cost: $31,430.05 Change Being Requested Name of Change: The Corporation of the Township of Malahide Agreement for Springfield WWC O & M Services with the addition of the Ontario Police College Pumping Station Ontario Clean Water Agency (OCWA) Per: _________________________ Name: Terry Bender Title: VP of Operations Date (YYYY/MM/DD): 2021/03/30 Client Per: _________________________ Name: Matt Sweetland Title: Director of Physical Services Date (YYYY/MM/DD): 2021/03/30 52 “SCHEDULE A - The Facility Part 1. Description of the Facility For the purposes of this Agreement, the Facility is comprised of the following: Aylmer-Malahide OPC Pumping Station, 6643 One sanitary sewage pumping station, located in the Township of Malahide:  Ontario Police College Pumping Station (500 m. East of County Road #32 at OPC), New ECA #2289-BBSRZU  10716 Hacienda Road (Laneway access from 10594 Hacienda Road)  3.6 km of Forcemain from Springfield to OPC PS  4 Springfield forcemain air release chambers including equipment “SCHEDULE C - The Services A – Services for OPC Pumping Station Services included in the Annual Price OCWA will provide the following services: 1. Staffing (a) certified operator(s) to attend at the Facilities as required under normal operating conditions on Business Days and during Business Hours and supply other personnel as may be necessary to operate, maintain and manage the Facilities under normal operating conditions in compliance with the requirements of Applicable Laws, terms of an Agreement, including management, operation, routine maintenance, administration and reporting; (b) supply a certified operator(s), who will be on call 24 hours per day, 365 days per year to respond to emergency conditions in respect of the operation of the Facilities, any such response to be charged to the Client in accordance with Section 2.3 of the Springfield WWC Agreement herein or by way of an annual set amount; (c) provide all necessary training and continuing education for staff to ensure the continued operation of the Facilities, in accordance with all Applicable Laws; (d) provide an Overall Responsible Operator for the Facilities who will be available by phone 24hrs per day, 365 days per year to provide direction to Operators as required. 53 2. Regulatory Reporting (a) prepare and submit all reports to the Client and the MECP respecting the operation and maintenance of the Facilities as required by the MECP or any other regulatory agency or body having jurisdiction at the time of the Agreement; (b) review any inspection reports prepared by the MECP in respect of the Facilities and, subject to any approvals of the Client may correct or negotiate with the MECP amendments to a deficiency; (c) report to the Client and the MECP non-compliance with a regulatory requirement; 3. Reporting OCWA shall provide a Facility performance report, within forty-five (45) days of the completion of each quarter or such other period as the Client and OCWA may agree upon. 4. Operations Manuals (a) recommend to the Client, any section in the operating manuals that should be modified/changed to ensure that the operating manuals reflect the actual or revised approach to operating the Facilities, which recommendations may require third party assistance. 5. Change In Laws (a) notify the Client of any modifications or changes to the Services or the Facilities required to comply with any Change in Laws and subject to Client approval make the required modifications or changes at an additional cost. 6. Facility Emergency Preparedness (a) prepare and revise, as necessary, an Emergency Plan for the Facilities consistent with the requirements of the Applicable Laws and the Client’s Emergency Plans; (b) establish procedures for managing foreseeable emergencies or abnormal conditions affecting the Facilities; 7. General (a) good housekeeping to maintain a safe work environment; (b) provide security at the Facilities by maintaining (where applicable) the existing lock on the door and generator and notifying the Client of the need for any repairs; 54 (c) provide mobile communications and pumping station alarms services. 8. Routine Operations & Maintenance (a) in providing routine operation of the Facilities, OCWA will conduct: i. visual inspection of all buildings, equipment and Facilities insofar as can be observed while these are in service; This includes opening hatches to perform visual inspection of interior of wet well and chambers without entry; ii. instrumentation cleaning, annual verification of flow meter and pressure transmitter; iii. checks and response to alarms during Business Hours; iv. inspection of process control equipment to ensure proper operation of , pumps, valves, check valves, equipment ; v. Monthly testing of permanent stand-by generator including monitoring and maintaining supply of diesel fuel; vi. maintenance of daily logs and records, including process control log sheets, laboratory data log sheets, bypass reports and routine checklists as required by Applicable Laws; vii. consolidation and processing of OCWA’s internal operational data forms for statistical input into a reporting system for the quarterly report; viii. recording of the amount of wastewater pumped to the Aylmer lagoons. ; ix. utilize Client’s SCADA system (if applicable) for trending review and reporting, gap analysis, testing, and compliance; x. by October 31st (as per agreement 4.6(b), prepare a report outlining the foreseeable Major Maintenance Expenditures and Capital Projects required for the Facilities, complete with cost estimates for the Client’s budgeting purposes; xi. maintenance of vehicle(s) used in providing the services, including fuel and any other operating costs associated with such vehicle(s); xii. annually exercise all isolation valves at pumping station; xiii. annual third party inspection shall be completed on permanent stand-by generator xiv. annual inspection of lifting equipment including base, davit arm and hoist and chain fall xv. annual Fire extinguishers inspection and replacement of extinguisher as required to ensure it meets current standards xvi. Emergency locates to be performed by OCWA xvii. Include 5 locates per year 55 xviii. Quarterly workplace H & S inspections. (b) perform routine preventive maintenance on the equipment used in the operation of the Facilities as specified in the maintenance management system including mechanical, electrical, instrumentation and communication; (c) implement and utilize a maintenance management system which shall record information related to the maintenance of the Facilities. Establish work management system and coordinate scheduled maintenance in accordance with manufacturer recommendations of applicable equipment on site. Part 2 – Optional Services (To Be Provided at the Request of the Client) OCWA may provide additional services to the Client including but not limited to the Optional Services set out below: a) operation manual updates; b) grass cutting and snow removal; c) wetwell cleaning d) cost for non-routine sampling and lab analysis; e) maintenance and repair of sewage collection system, including but not limited to, smoke/dye testing, manhole inspections, rodding, CCTV inspections, and tree root removal/treatments; f) sewer system locates as set out by applicable legislation and Ontario One Call; g) new sewer service installation or connection inspection; h) contract repair for sewer line breaks including road restoration; i) inspection of repaired sewer services; j) inspect and flush sanitary collection system, including sewers, manholes and clean outs; k) high pressure sewer flushing; l) acoustic pipe inspection; m) infiltration surveys, sewer cameraing; n) adjust and leveling manholes; 2. Capital Projects Plans a) prepare a detailed Capital Projects Plan for the facility(ies). 3. Engineering Services a) engineering services; b) energy audits; c) provide assistance and/or complete applicable funding applications; d) financial plans. 4. Information Technology Services a) SCADA development and maintenance.” 56 Report to Council REPORT NO.: PW -21-21 DATE: March 30, 2021 ATTACHMENT: Tender Summary SUBJECT: Tender Results - 2021 Asphalt Supply Recommendation: THAT Report No. PW-21-21 entitled “Tender Results - 2021 Asphalt Supply” be received. Background: The Township regularly solicits prices from suppliers to secure unit prices for asphalt at the source. The choice of whether the asphalt is delivered or picked up and from which plant is dependent on the unit prices, location to the p lant, and the availability of Staff. Hot mix asphalt is used to repair surface treated road and to make any corrections to road profiles and edge creep prior to resurfacing. Cold mix asphalt is used year round to patch potholes in existing hard surface roadways. Prior to working for the Township, owner operators/contractors are required to supply the proof of: compliance with OH&S, WSIB, Ministry of Labour, adequate insurance coverage, employee training in WHMIS and MSDS, and traffic control plans. A list of suppliers will be posted once the Township has received the proper documentation. Comments/Analysis: The Township’s request for quotation clearly states that the low bid is not the only criteria in selecting service providers. The Township will select service providers and suppliers based on the following:  Suppliers history of schedule flexibility/product/quality/H&S compliance  Select materials that fit the requirements of the project  Select suppliers on availability of product at time of job scheduling  Selection is not based solely on lowest $/tonne quoted  Haul distances between the jobsite & source pit are considered when selecting the supplier 57  Loader and scale availability is also taken into consideration. In addition to being on the Township website, the contractors below were circulated a copy of the Township quote package. A total of three bids were received for the supply of hot mix asphalt, and five bids were received for the supply of Cold Patch asphalt. Attached for the Council’s review are the quotation results. Financial Implications to Budget: The proposed asphalt program has been included in the 2021 Budget as previously approved by the Council. 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 “Embody Financial Efficiency throughout Decision‐ Making” Strategic Pillar. Obtaining competitive quotations from local service providers helps to ensure financial efficiencies. Submitted by: Approved by: Approved for Council: Ryan DeSutter, Roads & Construction Manager Matt Sweetland, P.Eng., Director of Physical Services 58 ASPHALT SUPPLY TENDER – QUOTE RESULTS March 23, 2021 - 11:00 AM (Prices do not include HST) In attendance: PRIVATE OPENING 1. Supply Only – HL3 Hotmix Asphalt Dufferin Construction Company - London $76.86 J-AAR Excavating - Putnam $91.30 Coco Paving Inc. - London $92.00 2. Supply Only – HL3M Hotmix Asphalt Dufferin Construction Company - London $84.08 J-AAR Excavating - Putnam $91.30 Coco Paving Inc. – London $95.00 3. Supply Only – HL4 Hotmix Asphalt Dufferin Construction Company - London $82.86 Coco Paving Inc. - London $90.50 J-AAR Excavating - Putnam $90.70 4. Supply Only – HL8 Hotmix Asphalt Dufferin Construction Company - London $75.51 J-AAR Excavating - Putnam $87.00 Coco Paving Inc. - London $89.00 5. Supply Only – Cold Mix QPR or Equivalent Asphalt Black Armour Asphalt Products – Delta, BC $116.00 Innovative Surface Solutions – Ajax, ON $123.45 Dufferin Construction Company - London $139.50 Coco Paving Inc. - London $147.00 J-AAR Excavating - Putnam $170.10 59 Report to Council REPORT NO.: DS-21-16 DATE: April 8, 2021 ATTACHMENT: Report Photo, Application, Recommended Conditions SUBJECT: Application for Consent to Sever of 943448 Ontario Inc. (Melissa Dawson) (Authorized Agent: David Roe) LOCATION: North Parts of Lots 4 and 5, Concession 9 (Geographic Township of South Dorchester) (51275 Wilson Line) Recommendation: THAT Report No. DCS-21-16 entitled “Application for Consent to Sever of 943448 Ontario Inc.” be received; AND THAT the Application for Consent to Sever No. D10-E21-21 as submitted by 943448 Ontario Inc., relating to the property located at North Parts of Lots 4 and 5, Concession 9, (Geographic Township of South Dorchester), and known municipally as 51275 Wilson Line, be supported for the reasons set out in this Report; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Background: The subject application for Consent to Sever (the “Application”) has been submitted by David Roe, Planning Consultant, on behalf of 943448 Ontario Inc. (Melissa Dawson), in order to sever an existing dwelling as a result of a farm consolidation. The Application relates to the property located at CON 9 N PT LOTS 4-5, (Geographic Township of South Dorchester), and known municipally as 51275 Wilson Line. Comments/Analysis: The subject farm property is approximately 33.6 hectares (83 acres) in area, and has approximately 612 metres (2,000+ feet) of frontage along Wilson Line. There is an 60 existing 2-storey single-detached dwelling and detached garage on the parcel proposed to be severed, and an existing barn with silo on the farmland proposed to be retained . The subject property is bounded by agricultural land uses. County of Elgin Official Plan The subject property is designated “Agriculture Area” on Schedule ‘A’, Land Use Plan. Malahide Official Plan The subject property is designated “Agriculture” and “Watercourse/Shoreline” on Schedule ‘A1’ (Land Use Plan). Applications for the Severance of Surplus Farm Dwellings are to be considered in accordance with Section 2.1.7 of the Malahide Official Plan. In addition to other criteria of Section 2.1.7, the severed lot with the surplus farm dwelling shall be appropriately sized to support a private sanitary sewage treatment and disposal system and be serviced by a potable water supply, and the parcel of property constituting the retained agricultural lands shall 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. Malahide Zoning By-law No. 22-18 The subject property is within the “General Agricultural (A1) Zone” on Key Map 15 of Schedule “A” to the Township’s Zoning By-law No. 22-18. Through the associated Zoning By-law Amendment process, the proposed severed lot with the surplus farm dwelling will be placed into the “Small Lot Agricultural (A4) Zone” zone. The “Small Lot Agricultural (A4) Zone” zone requires the following with regard to minimum lot area and frontage: “A4” Zone Required: Proposed Severed Lot Min. Lot Area 2,000 m2 (0.5 acre) 4,100 m2 (1.0 acres) Min. Lot Frontage 30m (98 feet) 68 m (223 feet) The proposed retained farm lot will be placed into the “Agricultural (A2) Zone” zone. The “Agricultural (A2) Zone” zone requires the following with regard to minimum lot area and frontage: “A2” Zone Required: Proposed Retained Lot Min. Lot Area 20 ha (50 acres) 33.1 ha (81.8 acres) Min. Lot Frontage 150m (492 feet) 544 m (1,785 feet) General Comments The Development Services Staff has considered the merits of the subject application against applicable Official Plan policies and the Township’s Zoning By-law and recommends that the Council support the Application. 61 The Development Services Staff has also considered comments provided (if any) by other internal departments. The Township Planner has no significant concerns with the proposal. A barn is proposed to remain on the retained farm parcel at a location of approximately 20 metres from the proposed severed dwelling lot . That barn should either be demolished or the animal stalls within the barn completely removed (through a Change of Use Permit with the Township’s Building Division) so to ensure there will not be livestock housed in this structure (which would cause a Minimum Distance Separation (“MDS”) issue. There was generally little information provided with the application with regard to the existing/continued use of that barn structure, or, how access to it will be provided. If the barn is to be retained, a new access laneway on the retained farm parcel will be needed, or an easement (not preferred) over the severed dwelling lot established. Such use and access arrangements can be determined and/or established by the Land Division Committee. Financial Implications to Budget: The full cost of the consent and associated rezoning process is at the expense of the Applicant and has no implications to the Township’s Operating Budget. 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. The importance of sustainable planning includes promoting for the protection of agricultural lands. As such, one of the goals that support the Our Land” Strategic Pillar relates to “Respect the agricultural land base through the land use planning process”. New non-farm lot creation is permitted in very limited circumstances, including surplus farm dwelling severances. As such, the recommendation of this report supports the ICSP. Submitted by: Reviewed by: Approved By: Allison Adams, Development Services Coordinator A. Betteridge, MCIP, RPP Director of Development Services (Planner) 62 THAT the Malahide Township Council has no objection to the Land Severance No. E21/21 in the name of 943448 Ontario Inc. (Dawson), relating to the property located at Part Lots 4 and 5, Concession 9, Geographic Township of South Dorchester, subject to the following conditions: (i) That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990,as amended, with a deposit to be paid in full to the township prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. (ii) That all outstanding work orders or by-law enforcement issues be resolved to the satisfaction of the Chief Building Official prior to the condition being deemed fulfilled. (iii) That the applicants initiate and assume all planning costs associated with the required Zoning Amendment as required in accordance with the Ontario Planning Act, RSO 1990, with such cost to be paid in full to the Township and that the required process be successfully completed prior to the condition being deemed fulfilled. (iv) Confirmation that private sewage system be confined entirely within the boundaries of the newly created parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. (v) That the necessary deeds, transfers and charges for certificates and/or instruments necessary for registration be submitted in triplicate prior to certification all of which are to be fully executed. (vi) That all applicable property taxes, municipal fees and charges be paid to the Municipality prior to the stamping of the deeds. (vii) That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. (viii) That the applicant is responsible to apply and pay all fees to the Township with respect to Civic Addressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. (ix) That the existing barn located on the retained parcel be removed or demolished (and the lands graded to a level condition to the satisfaction of the Township), or, has obtained a Change of Use Permit from the Township that eliminates the ability for the structure to house livestock, prior to the condition being deemed fulfilled. 63 68m 68m60m 60m129m 436m 318m 317m961m 788m194mA1 A1 A3 A1 A1 A1 A1 A3 A1 A1 A1 A1 A4 RC RRRR RR WILSON LINE PUTNAM ROAD51275 Wilson LinePart Lot 4 and Part Lot 5, Concession 9 Southern DivisionTownship of Malahide APPLICATION FOR A CONSENT TO SEVERDavid Roe, Civid Planning Solutions, agent for 943448 Ontario Inc Townshipof MalahideFigure 1 ± LANDS TO BE SEVERED 68m 68m60m 60mWILSON LINE LANDS TO BE RETAINED OFFICIAL PLAN DESIGNATION ZONING 0 50 10025Meters AGRICULTURE A1 GENERAL AGRICULTURALA3 LARGE LOT AGRICULTURALA4 SMALL LOT AGRICULTURALRR RURAL RESIDENTIALRC RURAL COMMERCIAL 0 20 4010Meters A1 PUTNAM ROAD64 65 66 67 68 69 70 71 72 73 Report to Council REPORT NO.: DS-21-17 DATE: April 8, 2021 ATTACHMENT: Report Photo, Application, Recommended Conditions SUBJECT: Application for Consent to Sever of Patricia Zimmer (Authorized Agent: Donald M. Ferguson c/o Ferguson DiMeo Law) LOCATION: South Part of Lots 11 and 12, Concession 8, Malahide (49408 Glencolin Line) Recommendation: THAT Report No. DS-21-17 entitled “Application for Consent to Sever of Patricia Zimmer” be received; AND THAT the Application for Consent to Sever No. D10-E22-21 as submitted by Patricia Zimmer relating to the property located at South Part of Lots 11, 12, Concession 8, Malahide, and known municipally as 49408 Glencolin Line, be supported for the reasons set out in this Report; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Background: The subject Application for Consent to Sever (the “Application”) has been submitted by Donald M. Ferguson c/o Ferguson DiMeo Law, on behalf of Patricia Zimmer, in order to sever an existing dwelling as a result of a farm consolidation (by Mr. James Lewis Hare). The Application relates to the property known municipally as 49408 Glencolin Line, located just east of Imperial Road and north of the municipal boundary with the Town of Aylmer. Comments/Analysis: The subject farm property is approximately 7.65 hectares (18.9 acres) in area, and has 74 approximately 502 metres (1,647 feet) of frontage along Glencolin Line. There is an existing single-detached dwelling and detached garage on the proposed severed dwelling lot as illustrated on the Application Severance Sketch and Report Photo. County of Elgin Official Plan The subject property is designated “Agriculture Area” on Schedule ‘A’, Land Use Plan. The subject property has no noted areas on Schedule ‘C’ of the County Official Plan (Aggregate and Petroleum Resources). In addition to the above, the subject property is identified as having frontage along a “County Collector” on Schedule ‘B’, “Transportation Plan”. Malahide Official Plan The subject property is designated “Agriculture” on Schedule ‘A1’ (Land Use Plan). Applications for the Severance of Surplus Farm Dwellings are to be considered in accordance with Section 2.1.7 of the Malahide Official Plan. In addition to other criteria of Section 2.1.7, the severed lot with the surplus farm dwelling shall be appropriately sized to support a private sanitary sewage treatment and disposal system and be serviced by a potable water supply, and the parcel of property constituting the retained agricultural lands shall 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. Malahide Zoning By-law No. 22-18 The subject property is within the “General Agricultural (A1) Zone” on Key Maps 35 and 36 of Schedule “A” to the Township’s Zoning By-law No. 22-18, and a portion of the subject property is identified as “Regulated Area”. Through the associated Zoning By-law Amendment process, the proposed severed lot with the surplus farm dwelling will be placed into the “Small Lot Agricultural (A4) Zone” zone. The “Small Lot Agricultural (A4) Zone” zone requires the following with regard to minimum lot area and frontage: “A4” Zone Required: Proposed Severed Lot Min. Lot Area 2,000 m2 (0.5 acre) 4,900 m2 (1.2 acres) Min. Lot Frontage 30m (98 feet) 59 m (193.6 feet) The proposed retained farm lot will be required to be placed into a Special “Agricultural (A2) Zone” zone which recognizes the deficient lot area proposed. The “Agricultural (A2) Zone” zone requires the following with regard to minimum lot area and frontage: “A2” Zone Required: Proposed Retained Farm Lot Min. Lot Area 20 ha (50 acres) 7.16 ha (17.7 acres) Min. Lot Frontage 150m (492 feet) 443 m (1,453.4 feet) 75 General Comments The Development Services Staff has considered the merits of the subject application against applicable Official Plan policies and the Township’s Zoning By-law and recommends that the Council support the Application. The Development Services Staff has also considered comments provided (if any) by other internal departments. Notably, the Township’s Drainage Superintendent/ Engineering Technologist has advised that a revised assessment schedule in accordance with the Drainage Act, RSO 1990 is required. The Township Planner has also reviewed and has no concerns with the proposal. The Planner noted that there is a strip of land located in front of the existing dwelling that should be conveyed to the County of Elgin for road widening. In discussion with County Staff, in advance of the Application being submitted, the County has confirmed that such will be required. With regard to entrances on Glencolin Line, there are two existing entrances serving the proposed severed dwelling parcel. Given this portion of Glencolin Line is under the jurisdiction of the County, any changes/requirements should be reviewed by the County. The Township Planner also noted that the deficient lot area of the retained farm parcel will not meet the minimum “A2” lot area requirements. A site-specific provision will be required as part of the necessary Zoning By-law Amendment. Financial Implications to Budget: The full cost of the consent and associated rezoning process is at the expense of the Applicant and has no implications to the Township’s Operating Budget. 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. The importance of sustainable planning includes promoting for the protection of agricultural lands. As such, one of the goals that support the Our Land” Strategic Pillar relates to “Respect the agricultural land base through the land use planning process”. New non-farm lot creation is permitted in very limited circumstances, including surplus farm dwelling severances. As such, the recommendation of this report supports the ICSP. Submitted by: Reviewed by: Approved By: Allison Adams, Development Services Coordinator A. Betteridge, MCIP, RPP Director of Development Services (Planner) 76 THAT the Malahide Township Council has no objection to the Land Severance No. E22/21 in the name of Patricia Zimmer, relating to the property located at Part Lots 11 and 12, Concession 8, Geographic Township of Malahide, subject to the following conditions: (i) That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990,as amended, with a deposit to be paid in full to the township prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. (ii) That all outstanding work orders or by-law enforcement issues be resolved to the satisfaction of the Chief Building Official prior to the condition being deemed fulfilled. (iii) That the applicants initiate and assume all planning costs associated with the required Zoning By-law Amendment as required in accordance with the Ontario Planning Act, RSO 1990, with such cost to be paid in full to the Township and that the required process be successfully completed prior to the condition being deemed fulfilled. (iv) Confirmation that private sewage system be confined entirely within the boundaries of the newly created parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. (v) That the necessary deeds, transfers and charges for certificates and/or instruments necessary for registration be submitted in triplicate prior to certification all of which are to be fully executed. (vi) That all applicable property taxes, municipal fees and charges be paid to the Municipality prior to the stamping of the deeds. (vii) That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. (viii) That the applicant is responsible to apply and pay all fees to the Township with respect to Civic Addressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. 77 56m 243.62m 85.62m85.55m395.5m59m 201.48m 167.62m248.07mA1 A3 A1 A3 A3 A1 A1 RR GLENCOLIN LINE 49408 Glencolin LinePart Lot 11 and Part Lot 12, Concession 8Township of Malahide APPLICATION FOR A CONSENT TO SEVERDonald Ferguson, agent for James Hare Townshipof MalahideFigure 1 ±LANDS TO BE SEVERED OFFICIAL PLAN DESIGNATIONAGRICULTURAL ZONINGA1 GENERAL AGRICULTURALA3 LARGE LOT AGRICULTURALRR RURAL RESIDENTIAL LANDS TO BE RETAINED 0 20 4010Meters Town of Aylmer 78 79 80 81 82 83 84 85 Report to Council REPORT NO.: DCS-21-18 DATE: April 8, 2021 ATTACHMENT: Report Photo, Applications (2), Recommended Conditions (2) SUBJECT: Applications for Consent to Sever of Marion Wallace (Authorized Agent: Jerome A. Collins, Barrister and Solicitor) LOCATION: South Part of Lots 15 and 16, Concession 7 (Geographic Township of South Dorchester) (48550 and 48670 Yorke Line) Recommendation: THAT Report No. DCS-21-18 entitled “Applications for Consent to Sever of Marion Wallace” be received; AND THAT the Applications for Consent to Sever Nos. D10-E25-21 and D10-E26- 21 as submitted by Marion Wallace relating to the property located at South Part of Lots 15 and 16, Concession 7, (Geographic Township of South Dorchester), and known municipally as 48550 and 48670 Yorke Line, be supported for the reasons set out in this Report; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Background: The subject Applications for Consent to Sever (the “Applications”) have been submitted by Jerome A. Collins, Barrister and Solicitor, on behalf of Marion Wallace, in order to sever two (2) existing dwellings as a result of a farm consolidation (Lewis Helka Farms Ltd.). The Applications relate to the property located at CON 7 S PT LOTS 15,16, (Geographic Township of South Dorchester), and known municipally as 48550 and 48670 Yorke Line. 86 Comments/Analysis: The subject farm property is approximately 39.03 hectares (96.43 acres) in area, and has approximately 567.66 metres (1,862.40 feet) of frontage along Yorke Line. As shown on the attached report photo, there are two (2) existing single-detached dwellings. It appears that this parcel contains two dwellings likely as a result of the acquisition and merging of adjacent farm properties at some point. The dwelling at 48554 Yorke Line (D10-E25-21) was constructed in the 1880s. There is an existing garage/accessory building proposed to remain with the dwelling on the severed residential lot. There is also an existing barn situated to the rear (north) of the dwelling and garage that is proposed to remain with the retained farm parcel. The dwelling at 48670 Yorke Line (D10-E26-21) was constructed in 1992. There are no other structures. The subject property is surrounded primarily by agricultural land. County of Elgin Official Plan The subject property is designated “Agriculture Area” on Schedule ‘A’, Land Use Plan, and “Woodlands” on Appendix 1, “Environmental Resource Areas”. The subject property has no noted areas on Schedule ‘C’ of the County Official Plan (Aggregate and Petroleum Resources). Malahide Official Plan The subject property is designated “Agriculture” on Schedule ‘A1’ (Land Use Plan) and “Hazard Lands, W atercourse” on Schedule ‘A2’ (Constraints Plan). Applications for the Severance of Surplus Farm Dwellings are to be considered in accordance with Section 2.1.7 of the Malahide Official Plan. In addition to other criteria of Section 2.1.7, the severed lot with the surplus farm dwelling shall be appropriately sized to support a private sanitary sewage treatment and disposal system and be serviced by a potable water supply, and the parcel of property constituting the retained agricultural lands shall 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 Malahide Official Plan states, under Section 2.1.7.1 b), that: “Only one surplus farm dwelling may be severed pursuant to each corporate farm consolidation”. The Township’s Planner is of the opinion that this policy is intended to apply to the traditional/common scenario where only two dwellings, being the one dwelling on the “home farm” and the second “surplus” dwelling on the acquired new farm , are involved. 87 The Township Planner is of the opinion that the above-noted policy simply does not contemplate for the subject situation that exists on this property, and the Applications for severing 2 dwellings is in conformity with the Township’s Official Plan. Malahide Zoning By-law No. 22-18 The subject property is within the “General Agricultural (A1) Zone” on Key Maps 3 & 4 of Schedule “A” to the Township’s Zoning By-law No. 22-18, and a portion of the subject property is identified as “Regulated Area”. Through the associated Zoning By-law Amendment process, the proposed severed lots with the surplus farm dwellings will be placed into the “Small Lot Agricultural (A4) Zone” zone. The “Small Lot Agricultural (A4) Zone” zone requires the following with regard to minimum lot area and frontage: “A4” Zone Required: Proposed Severed Lot Min. Lot Area 2,000 m2 (0.5 acre) 48554 Yorke Line (D10-E25-21): 4,400 m2 (1.1acre) 48670 Yorke Line (D10-E26-21): 4,000 m2 (1 acre) Min. Lot Frontage 30m (98 feet) 48554 Yorke Line (D10-E25-21): 54.9 m (180 feet) 48670 Yorke Line (D10-E26-21): 48.6 m (159 feet) The proposed retained farm lot will be placed into the “Agricultural (A2) Zone” zone. The “Agricultural (A2) Zone” zone requires the following with regard to minimum lot area and frontage: “A2” Zone Required: Proposed Retained Farm Lot (following severance of both dwellings) Min. Lot Area 20 ha (50 acres) 38.18 ha (95.3 acres) Min. Lot Frontage 150m (492 feet) 464 m (1,522 feet) Although not a significant concern, the Township Planner did note that there appears to be minor discrepancies between the subject property’s lot area as provided with the Applications, and the lot area shown as per Township records (which has been used in the above tables). The County Land Division Committee should ensure that accurate lot sizes are provided in its decisions. General Comments The Development Services Staff has considered the merits of the subject Applications against applicable Official Plan policies and the Township’s Zoning By-law and recommends that the Council support both Applications. The Development Services Staff has also considered comments provided (if any) by other internal departments. 88 The Township Planner has also reviewed and has no significant concerns with the proposal. The Township Planner has noted the following with regard to Application No. D10-E25-21 specifically, being the existing barn proposed to remain on the retained farm parcel at a location of approximately 9 metres from the severed dwelling lot. That barn should either be demolished or the animal stalls within the barn completely removed (through a Change of Use Permit with the Township’s Building Division) so to ensure there will not be livestock housed in this structure (which would cause a Minimum Distance Separation (“MDS”) issue). There was generally little information provided with the application with regard to the existing/continued use of that barn structure, or, how access to it will be provided. If the barn is to be retained, a new access laneway on the retained farm parcel will be needed, or an easement (not preferred) over the severed dwelling lot established. Such use and access arrangements can be determined and/or established by the Land Division Committee. Financial Implications to Budget: The full cost of the consent and associated rezoning process is at the expense of the Applicant and has no implications to the Township’s Operating Budget. 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. The importance of sustainable planning includes promoting for the protection of agricultural lands. As such, one of the goals that support the Our Land” Strategic Pillar relates to “Respect the agricultural land base through the land use planning process”. New non-farm lot creation is permitted in very limited circumstances, including surplus farm dwelling severances. As such, the recommendation of this report supports the ICSP. Submitted by: Reviewed by: Approved By: Allison Adams, Development Services Coordinator A. Betteridge, MCIP, RPP Director of Development Services (Planner) 89 THAT the Malahide Township Council has no objection to the Land Severance No. E25/21 in the name of Marion Wallace, relating to the property located at Part Lots 15 and 16, Concession 7, Geographic Township of South Dorchester, subject to the following conditions: (i) That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990,as amended, with a deposit to be paid in full to the township prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. (ii) That all entrance permits are acquired from the appropriate road authority as per our entrance control policy. (iii) That all outstanding work orders or by-law enforcement issues be resolved to the satisfaction of the Chief Building Official prior to the condition being deemed fulfilled. (iv) That the applicants initiate and assume all planning costs associated with the required Official Plan Amendment, Zoning Amendment, Minor Variance or other land use planning process as required in accordance with the Ontario Planning Act, RSO 1990, with such cost to be paid in full to the Township and that the required process be successfully completed prior to the condition being deemed fulfilled. (v) Confirmation that private sewage system be confined entirely within the boundaries of the newly created parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. (vi) That the necessary deeds, transfers and charges for certificates and/or instruments necessary for registration be submitted in triplicate prior to certification all of which are to be fully executed. (vii) That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. (viii) That the applicant is responsible to apply and pay all fees to the Township with respect to Civic Addressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. (ix) The existing barn should either be demolished or the animal stalls within the barn completely removed (through a Change of Use Permit with the Township’s Building Division) so to ensure there will not be livestock housed in this structure. 90 THAT the Malahide Township Council has no objection to the Land Severance No. E26/21 in the name of Marion Wallace, relating to the property located at Part Lots 15 and 16, Concession 7, Geographic Township of South Dorchester, subject to the following conditions: (i) That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990,as amended, with a deposit to be paid in full to the township prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. (ii) That all outstanding work orders or by-law enforcement issues be resolved to the satisfaction of the Chief Building Official prior to the condition being deemed fulfilled. (iii) That the applicants initiate and assume all planning costs associated with the required Zoning By-law Amendment as required in accordance with the Ontario Planning Act, RSO 1990, with such cost to be paid in full to the Township and that the required process be successfully completed prior to the condition being deemed fulfilled. (iv) Confirmation that private sewage system be confined entirely within the boundaries of the newly created parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. (v) That the necessary deeds, transfers and charges for certificates and/or instruments necessary for registration be submitted in triplicate prior to certification all of which are to be fully executed. (vi) That all applicable property taxes, municipal fees and charges be paid to the Municipality prior to the stamping of the deeds. (vii) That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. (viii) That the applicant is responsible to apply and pay all fees to the Township with respect to Civic Addressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. 91 54.97m 229.2m81.06m80.91m 607.1m695.6m54.98m 558.3m 236.3m 47.69m 48.61m81.54m84.63mA1A1 A1 A1 A1A1 A1A3A3RR RC-1 A4-1 YORKE LINE 48550 - 48670 Yorke LinePart Lot 15 and Part Lot 16, Concession 7 Southern DivisionTownship of Malahide APPLICATION FOR A CONSENT TO SEVERJerome Collins, agent for Marion Wallace Townshipof MalahideFigure 1 ± LANDS TO BE SEVERED - Application E25-21 LANDS TO BE RETAINED AGRICULTURE A1 GENERAL AGRICULTURALA3 LARGE LOT AGRICULTURALRR RURAL RESIDENTIAL OFFICIAL PLAN DESIGNATION ZONING 0 50 10025Meters LANDS TO BE SEVERED - Application E26-21 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Report to Council REPORT NO.: DS-21-19 DATE: April 8, 2021 ATTACHMENT: Draft Development Agreement and Report No. DS-21-12 SUBJECT: DEVELOPMENT AGREEMENT: MINOR VARIANCE APPROVAL NO. D13-MV-01-21 OF DAVID & JACQUELINE FEHR Recommendation: THAT Report No. DS-21-19 entitled “Development Agreement: Minor Variance Approval No. D13-MV-01-21 of David & Jacqueline Fehr” be received; AND THAT the Draft Development Agreement between the Township and David and Jacqueline Fehr, affecting lands described as CON 9 PT LOT 34, being Part 2 on RP 11R-5951, and known municipally as 53250 College Line, be approved. Background: The subject Application relates to the property located at Part of Lot 34, Concession 9, and known municipally as 53250 College Line. Comments/Analysis: The property owners received approval on March 18, 2021 for a Minor Variance proposing a larger accessory building and for that building to host the owners’ construction business as per Application No. D13-MV-01-21. The approval was granted with 2 conditions, one of which requires that a development agreement be executed with the Municipality and registered against the subject lands. The attached draft development agreement includes the following clauses as required by the Committee: a) To obtain the necessary Building Permit(s) and obtain occupancy of the Proposed Enlarged Structure within one (1) year from the date of decision, and to the satisfaction of the Director of Development Services for the 109 Township of Malahide, ensuring that the approved variance applies only to the Proposed Enlarged Structure which is to be situated as illustrated with the Application; b) That the assembly of employees associated with the Proposed Use shall not occur at the Subject Property; and, the Owners shall maintain at all times access to a separate location appropriate (and suitably-zoned) for the assembly and rallying of such employees (and for personal parking); c) That attendance to the Subject Property by employees associated with the Proposed Use shall be minimal and infrequent (i.e. less than one vehicle per day, on average); d) That the gross floor area of the Proposed Enlarged Structure hosting the Proposed Use shall not exceed 225 sq. metres; and, e) That the Proposed Use shall not detract the overall primary use and appearance of the Subject Property for residential purposes. No visible signage for the Proposed Use shall be permitted. The attached development agreement has been drafted in order to allow the owners to satisfy that condition. The agreement has been prepared to include the requirements stipulated by the Committee of Adjustment. The owners have been provided the attached draft for comment and are agreeable to the terms of the agreement as proposed. Financial Implications to Budget: The full cost of the minor variance and development agreement process is at the expense of the Applicant and has no implications to the Township’s Operating Budget. 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 Local Government. One of the goals that support the “Our Land” and “Our Community” Strategic Pillars is “Promote new development in a responsible manner that directs growth to appropria te areas with the Township”. Submitted by: Approved by: Adam Betteridge, MCIP, RPP Director of Development Services 110 1 AGREEMENT MADE UNDER SECTION 45 OF THE PLANNING ACT, R.S.O. 1990 THIS AGREEMENT made this 8th day of April A.D. 2021. BETWEEN: DAVID FEHR AND JACQUELINE FEHR (Hereinafter called the “Owners”) OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF MALAHIDE (Hereinafter called the “Township”) OF THE SECOND PART WHEREAS the Owners represent that they are the Owners of the lands in the Township of Malahide described as Part of Lot 34, Concession 9 (being Part 2 on RP 11R-10671), known municipally as 53250 College Line, and registered in the Registry Office for the Land Titles Division of Elgin (No. 11), being all of the P.I.N. identified as P.I.N. _________ - _________ (LT) (the “Property”); AND WHEREAS the Owners have applied to the Township of Malahide Committee of Adjustment (herein called “the Committee”) for a Minor Variance pursuant to Section 45 of the Planning Act to permit the enlargement of an existing detached accessory structure (herein called “the Proposed Enlarged Structure”) having a total (once enlarged) ground floor area of approximately 292.65 sq. metres (3,150 sq. ft.) pursuant to Committee of Adjustment Application No. D13-MV-01-21 (herein called “the Application”); AND WHEREAS the Owners intend to utilize a portion of the Proposed Enlarged Structure for a home occupation described as a “Contractor’s Yard or Shop” (herein called “the Proposed Use”); AND WHEREAS the Committee approved the Application subject to the Owners satisfying certain conditions prior to the Township issuing a building permit for the Proposed Enlarged Structure and the Proposed Use of same pursuant to the Application; AND WHEREAS this Agreement is being entered into by the parties hereto in order to satisfy one of the conditions to the approval of the Application which reads as follows: “2) That the owner/applicant enter into a development agreement with the Township of Malahide to regulate the use of the proposed Home Occupation/Contractor’s Yard or Shop on the Subject Property.” AND WHEREAS this Agreement is being registered against the lands as described above and the Township is entitled to enforce the provisions thereof agains t the Owners and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land in accordance with Subsection (9.2) of Section 45 of the Planning Act, R.S.O. 1990, as amended; NOW THEREFORE WITNESSETH THAT in consideration of the premises and the sum of TWO ($2.00) DOLLARS paid to the Township by the Owners (the receipt whereof is hereby acknowledged) and in consideration of the Township being supportive of the Owners’ intentions for the Proposed Enlarged Structure on the lands as proposed in Application No. D13-MV-01-21, the Owners covenant and agree with the Township to provide, to the 111 2 satisfaction of and at no expense to the Township, the following: 1. The Owners agree: a) To obtain the necessary Building Permit(s) and obtain occupancy of the Proposed Enlarged Structure within one (1) year from the date of decision , and to the satisfaction of the Director of Development Services for the Township of Malahide, ensuring that the approved variance applies only to the Proposed Enlarged Structure which is to be situated as illustrated with the Application; b) That the assembly of employees associated with the Proposed Use shall not occur at the Subject Property; and, the Owners shall maintain at all times access to a separate location appropriate (and suitably-zoned) for the assembly and rallying of such employees (and for personal parking); c) That attendance to the Subject Property by employees associated with the Proposed Use shall be minimal and infrequent (i.e. less than one vehicle per day, on average); d) That the gross floor area of the Proposed Enlarged Structure hosting the Proposed Use shall not exceed 225 sq. metres; and, e) That the Proposed Use shall not detract the overall primary use and appearance of the Subject Property for residential purposes. No visible signage for the Proposed Use shall be permitted. 2. Adjustments to the requirements and provisions of this Agreement may be made subject to the approval of the Township provided that such adjustments are in the spirit of this Agreement and the intent of this Agreement is maintained. Such minor adjustments shall not require an amendment to this Agreement; however, the written approval of the Township is required before such minor adjustments can be made. 3. Nothing in this Agreement constitutes a waiver of the obligation of the Owners to comply with the Zoning By-law of the Township or any other By-laws of the Township or any regulations or restrictions legally imposed by any government authority or agency having jurisdiction in connection therewith. 4. The Owners agree that all the facilities and matters required by this Agreement shall be provided and maintained at their sole risk and expense and to the satisfaction of the Township. The Owners further agree that in the event that they fail to comply with any of the provisions of this Agreement, in the sole discretion of the Township, the Township may perform such requirements at the expense of the Owners upon seven (7) days prior notice, in writing, to the Owners and forthwith in the case of any emergency. The Owners acknowledge that any expense incurred by the Township in performance of such requirements is the responsibility of the Owners and shall be recoverable by the Township. 5. The Owners, on behalf of themselves, their successors and assigns, hereby covenant to indemnify and save harmless the Township against any legal liability for losses, damages, claims, actions, demands, suits, and costs arising directly or indirectly from anything done by it or its servants, contractors or agents in connection with its performance under this Agreement. 6. This Agreement shall be registered against the Property. The covenants, agreements, conditions, and understandings herein contained on the part of the Owner s shall run with the lands and shall enure to the benefit of and be binding upon the parties hereto and their successors and assigns. The Owners further covenant and agree to pay to the Township the cost of registration of this Agreement. 112 3 7. If any terms of this Agreement shall be found to be ultra vires the Township, or otherwise unlawful, such terms shall inclusively be deemed to be severable, and the remainder of this Agreement mutatis mutandis shall be and remain in full force and effect. 8. The Owners agree to obtain and to register such postponements as may be acceptable to the Township of any charges, mortgages or encumbrances on the Property prior to the registration of this Agreement. The Owners acknowledge that the Township will not be required to finalize or register this Agreement until it has been satisfied that no other outstanding charges or encumbrances are registered on the Property. 9. The Owners acknowledge that the Township, in addition to any other remedy it may have at law, shall also be entitled to enforce this Agreement in accordance with section 446 of the Municipal Act, 2001, S.O. 2001, c. 25. 10. The parties covenant and agree with each other not to call into question or challenge, directly or indirectly, in any proceeding or action in court, or before any administrative tribunal, the other party’s right to enter into and enforce this Agreement. This provision may be pleaded by either party in an action or proceeding as an estoppel of any denial of such right. 11. This Agreement shall be interpreted under and be governed by the laws of the Province of Ontario. IN WITNESS WHEREOF the Owners have hereunto affixed their signatures and the Township has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. Witness David FEHR Witness Jacqueline FEHR The Corporation of the Township of Malahide Per: Dave Mennill, Mayor Per: Michelle Casavecchia-Somers, Clerk We have authority to bind the Corporation. 113 Report to Committee of Adjustment REPORT NO.: DS-21-12 DATE: March 18, 2021 ATTACHMENT: Report Photo, Application, Comments Received to Date (if any), and Draft Development Agreement SUBJECT: MINOR VARIANCE APPLICATION NO. D13-MV-01-21 OF DAVID & JACQUELINE FEHR Recommendation: THAT Report No. DS-21-12 entitled “Minor Variance Application No. D13-MV-01-21 of David & Jacqueline Fehr” and affecting lands described as CON 9 PT LOT 34, being Part 2 on RP 11R-5951 (53250 College Line) be received; AND THAT Minor Variance Application No. D13-MV-01-21 be approved by the Township of Malahide Committee of Adjustment in order to permit an addition onto the existing shop which requires specific relief from the Township of Malahide Zoning By-law No. 18-22 as follows: i. Notwithstanding the prescribed maximum floor area limit of 200 square metres (approximately 2,150 square feet) as per Section 5.3.1 of Zoning By- law No. 18-22, an enlarged shop not exceeding approximately 293 square metres (3,154 square feet) shall be permitted; and, ii. Notwithstanding the prescribed maximum floor area limit of 200 square metres (approximately 2,150 square feet) as per Section 5.3.4 of Zoning By- law No. 18-22, a home occupation described as a Contractor’s Yard or Shop within the enlarged shop is permitted subject to the floor area not exceeding 225 square metres (2,422 square feet); AND THAT the approval of the Minor Variance shall be subject to the following conditions: 1) That the owner/applicant obtain the necessary Building Permit(s) and obtain occupancy of the proposed structure within one (1) year from the date of decision, and to the satisfaction of the Director of Development 114 Services ensuring that the approved variance applies only to the proposed detached accessory structure which is to be situated as illustrated in the application; and 2) That the owner/applicant enter into a development agreement with the Township of Malahide to regulate the use of the proposed Home Occupation/Contractor’s Yard or Shop on the subject property. Background: The subject Application relates to the property located at Part of Lot 34, Concession 9 (being Part 2 on RP 11R-5951), and known municipally as 53250 College Line. The property owners seek to complete an addition onto the existing shop that is located on the subject property and it has been determined that the enlarged shop will exceed the maximum size allowance as specified in the Township’s Zoning By-law for such structures. Further, a portion of the enlarged shop will be utilized for the homeowner’s contracting business, and such portion will exceed the Township’s maximum size allowance in the Zoning By-law for such use. The property owners also require the expansion to the shop for the purposes of storing their own recreational vehicle (“RV”) and other personal items. Specifically, the application seeks relief from: i. the prescribed maximum floor area limit of 200 square metres (approximately 2,150 square feet). Once enlarged, the finished shop will be approximately 292.65 square metres (3,150 square feet); and ii. the prescribed maximum floor area limit of 200 square metres (approximately 2,150 square feet) for a home occupation within an accessory structure. The floor area of the accessory building used for the home occupation is proposed to be approximately 224 square metres (2,411 square feet). The Applicants provide the following information: “We own an industrial construction business and currently half of our existing shop houses a steel slitter and industrial steel bending break. The other existing area is used to store tools and unused supplies.” The subject property was recently severed through the “Surplus Farm Dwelling Severance” process (County Land Division Committee File No. E 22-20). Notice of Public Hearing for this Application was given in accordance with Planning Act regulations. Any comments received in response to the Notice of Public Hearing will be reported on at the March 18, 2021 public hearing. Township Planning Staff have reviewed and considered the merits of the Application against applicable Official Plan policies, the Township’s adopted Zoning By-law, and all (if any) of the correspondence received as of the date of writing of this Report and 115 recommends that the Committee of Adjustment approve Application No. D13-MV-01-21 subject to certain conditions being met. Comments/Analysis: The subject property is approximately 1.60 hectares (4 acres) in area, and has approximately 61.80 metres (202.76 feet) of frontage along College Line. The property has an average depth of approximately 210.9 metres (692 feet). There is an existing single-detached dwelling and detached shop located on the property. County of Elgin Official Plan The subject property is designated “Agriculture Area” on Schedule ‘A’, Land Use Plan. In addition, the subject property is identified as having frontage along an “Active Rail Line” on Schedule ‘B’, “Transportation Plan”, however those designations have no impact on this application. Malahide Official Plan The subject property is designated “Agriculture” and “Natural Hertitage” on Schedule ‘A1’ (Land Use Plan) and “Railway” on Schedule ‘A2’ (Constraints Plan). The Agricultural policies of the Malahide Official Plan provide: Section 2.1.1.2 ii) “Regulating all non-farm uses so that they do not pre-empt, restrict or conflict with agricultural uses.”; and, Section 2.1.7.3 a) (Surplus farm dwelling lots) provides that such lots can include accessory buildings and structures if a land use conflict will not be created. Malahide Zoning By-law No. 22-18 The subject property is within the “Small Lot Agricultural (A4)”, on Key Map 32 of Schedule “A” to the Township’s Zoning By-law No. 18-22, and a portion of the subject property is identified as “Regulated Area”. The A4 zone applies to lots created by consent to dispose a surplus farm dwelling where the size of the lot is greater than 1 hectare. Section 5.3.1 requires accessory structures to be no larger than 200 square metres (approximately 2,150 square feet), and Section 5.3.4 requires that Home Occupations conducted within an accessory structure comprise no more than 200 square metres of gross floor area. Public/Agency Comments Received 116 Notice of Public Meeting for this Application was given in accordance with Planning Act regulations. There have been no comments received from the general public or circulated agencies as of the date of writing this Report. The Applicants have provided additional information as provided in a letter to the CAO/Clerk, dated March 8, 2021 (attached). When reviewing an application for a minor variance, Section 45(1) of the Planning Act, R.S.O., 1990 requires that the Committee of Adjustment apply four specific tests. These tests, along with the Planner’s comments concerning same as they relate to the requested variance, are as follows: 1. The variance maintains the general intent and purpose of the Official Plan. Secondary uses (such as Home Occupations) are permitted by the Official Plan on this property. Generally, the policies of the Official Plan seek to guide orderly and logical growth and development and are not specific so as to address details such as maximum size and number of employee requirements. The Planner is satisfied that this criteria/test is met. 2. The requested variance maintains the general intent and purpose of the By- law. The Application was submitted seeking relief from the maximum size requirement for an accessory structure in the A4 zone, as well as the maximum size (in gross floor area) for a Home Occupation within such accessory structure. The intent and purpose of the Zoning By-law is to ensure that the scale and nature of such Secondary Uses indeed remain appropriate and subordinate in comparison to the primary use for the property, in this case being a non-farm residential use. The intent and purpose of the Zoning By-law is also to ensure that employment and industrial/commercial uses occur in suitably-zoned areas where other services and infrastructure exist. When occurring within an accessory structure (as opposed to within a dwelling), the Home Occupation provisions as provided by Section 2.98 allow for such uses as: a carpentry shop, a welding shop, a machine shop, a service shop or a contractor’s yard or shop. The Applicants own and operate a construction company and seek to use a portion of the enlarged accessory building for that purpose. The Planner is of the opinion that such use is captured under the “contractor’s yard or shop” use, and can occur as such on this property. 117 The Zoning By-law provides the following: “2.43 CONTRACTOR’S YARD OR SHOP shall mean the use of land, buildings or structures or combination thereof for use by any building trade or other construction or service contractor for the purpose of: a) storing equipment, vehicles, or materials and may include construction and heavy equipment and commercial motor vehicles but not including derelict motor vehicles; or b) performing shop work or assembly; or c) the base of operations for persons who are employed by or associated with the business, including the assembly or rally of such persons for transportation to a work site off the premises.” With specific regard to Section c) of the above provisions, although a “Home Occupation” limits the maximum number of persons engaged in the Home Occupation but who reside on another lot to one (1), the provisions for “Contractor’s Yard or Shop” would provide for more employees, given such use provides for “the base of operations for persons who are employed by or associated with the business, including the assembly or rally of such persons for transportation to a work site off the premises”, and the “use” doesn’t occur on the property but rather at other, separate sites. The Planner has obtained further information from the Applicants on the number of employees and vehicles employed by the business. The Applicants have advised that the business has 15 off-property employees utilizing 6 company trucks (in addition to the Applicants’ own business vehicles). According to the Applicants information, supervisors keep those trucks at their own’ residences on a nightly basis and the crews assemble daily at a separate location being the Elgin Innovation Centre in Aylmer; the Applicants have advised that the arrangement with the Elgin Innovation Centre includes paid parking for their employees at that location. The Applicants information further advised that those company trucks attending to the subject property occurs infrequently, with each of the 6 supervisors usually only attending the subject property once per month (approximate) to clean and organize their’ truck with supplies, and perhaps may attend for other unexpected reasons if a specific job warrants such (special equipment, materials, tools, etc.). Considering the infrequent attendance to this property by the company’s employees and fleet of vehicles, the Planner is of the opinion that the subject property can be considered appropriate for hosting a “Contractor’s Yard or Shop” as proposed by the Applicants given the property’s size and separation from other residential uses. 118 In order to maintain the intent and purpose of the Zoning By-law, the Planner would recommend that, as a condition of approval, the Applicants be required to enter into a development agreement with the Council which contains the following: a) That the assembly of employees associated with the Use shall not occur at the subject property; and the Owner shall maintain at all times access to a separate location appropriate for and suitably-zoned for the assembly and rallying of such employees (and for personal parking); b) That attendance to the subject property by employees associated with the Use shall be minimal and infrequent (i.e. less than one vehicle per day, on average); c) That the gross floor area of the accessory building hosting the Use shall not exceed 225 square metres; and, d) That the Use shall not detract the overall primary use and appearance of the subject property for residential purposes. No visible signage for the Use shall be permitted. Given this, the Planner does raise concern that the governing provisions for “Contractor’s Yard or Shop” as a Home Occupation (as opposed to the conventional approach of being established/conducted in the appropriate industrial and commercial zones of the Zoning By-law) may require further refinement by Council through a “housekeeping amendment” to the Zoning By-law. 3. The application is "minor" in nature. As spoken to previously, the intent of the Home Occupation provisions is to allow such uses to occur in a manner which maintains the character of the lot and its surroundings, does not negatively impact neighbouring sensitive land uses, and does not undermine the overall intent of the Zoning By-law to direct such non-agricultural and non-residential uses to such properties that are suitably zoned. The Home Occupation provisions also allow for a “Contractor’s Yard or Shop”. Notwithstanding the subject business is comprised of 15 off-property employees utilizing 6 company trucks, the subject property will be visited only infrequently by such employees. Further, although the Zoning By-law provides a maximum size requirement for accessory structures, the subject property is 1.6 hectares in area, and surrounded by agricultural properties and land uses; the size of the proposed enlarged shop will not look out of character on this property. Provided a Development Agreement, as recommended in No. 2 above is required as a condition of approval, the Planner is of the opinion that the application is “minor” in nature. 4. The proposed development is desirable for the appropriate development or use of the subject property. 119 The subject property is approximately 1.60 hectares (4 acres) in area and located outside of a settlement area. The enlargement of the subject shop will remain appropriate in scale and character with the subject rural property, and the nature of the business is such that the predominant amount of activity will not be occurring at this location. Provided a Development Agreement, as recommended in No. 2 above is required as a condition of approval, the Planner is of the opinion that the proposed development is desirable for the appropriate development or use of the subject property. Additional comments are as follows: The Committee should be cognizant that the Planner has assessed the application against the provisions for both “Home Occupation” (which only allows for one off-property employee) and “Contractor’s Yard or Shop” (which allows for persons who are employed by or associated with the business, including the assembly or rally of such persons for transportation to a work site off the premises). If the Development Agreement is administered as a condition of approval, the application can be considered to meet the four specific tests required by the Planning Act, R.S.O., 1990, however a strict interpretation of the Zoning By-law could also be made to the contrary. Hence, the Planner is of the opinion that the provisions for “Contractor’s Yard or Shop”, as they apply to Home Occupations in the Zoning By-law, should be addressed by Council so to provide greater clarity on what can be considered as appropriate. Such “Contractor’s Yard or Shop” uses are also allowed in the residential zones as Home Occupations, and can potentially cause concerns for incompatibility when occurring close to neighbouring residential properties. Financial Implications to Budget: The full cost of the minor variance and development agreement process is at the expense of the Applicant and has no implications to the Township’s Operating Budget. 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 Local Government. One of the goals that support the “Our Land” and “Our Community” Strategic Pillars is “Promote new development in a responsible manner that directs growth to appropriate areas with the Township”. Submitted by: Approved by: 120 Submitted by: Approved by: Adam Betteridge, MCIP, RPP Director of Development Services 121 March 22, 2021 Michelle Casavecchia-Somers – Chief Administrative Officer/Clerk Township of Malahide 87 John St. South Aylmer, ON N5H 2C3 Dear Ms. Casavecchia-Somers, At its March 17, 2021 Full Authority meeting the Kettle Creek Conservation Authority (KCCA) Board of Directors reviewed and discussed newly proclaimed provisions to the Conservation Authorities Act (CA Act) that are in effect as of February 2, 2021. There are two implications of these recent proclamations that member municipalities should be aware of and require municipal action relative to member appointments to the KCCA Board. Member Appointment Agreements According to Section 14 of the CA Act, members of an Authority shall be appointed by the respective councils based on that municipality’s population within the watershed as outlined in Section 2(2). The population within the watershed is calculated based upon the percent of municipal land area within the Kettle Creek watershed, times the municipality’s current total population. Municipal Councils may appoint representatives in the following numbers: CA Act Sec 2(2) 1. Where the population is 1,000,000 or more, seven representatives. 1.1 Where the population is 500,000 or more but less than 1,000,000, six representatives. 1.2 Where the population is 250,000 or more but less than 500,000, five representatives. 2. Where the population is 100,000 or more but less than 250,000, four representatives. 3. Where the population is 50,000 or more but less than 100,000, three representatives. 4. Where the population is 10,000 or more but less than 50,000, two representatives. 5. Where the population is less than 10,000, one representative As of February 2, 2021 where representation on a CA Board differs from the population formula described in Section 14, an agreement – confirmed by a municipal resolution - with respect to the total number of municipally appointed members of the Authority, shall be filed with the Minister and made available to the public on the authority’s website (CA Act Sec 14 (2.1; 2.2)). KCCA has always based its member appointments on population as outlined in Section 14 of the CA Act. Membership is adjusted as required to ensure compliance with the Act. Members are currently assigned as outlined below. However, based on data for 2021 the City of London’s current population within the watershed is below the 50,000 threshold to appoint three members (see below). Municipality Population in Watershed Current Members Appointed Central Elgin 6,601 1 Malahide 540 1 Southwold 2,916 1 St. Thomas 25,915 2 London 46,250* 3 Middlesex Centre 1,063 1 Thames Centre 934 1 122 2 | P a g e *Calculated as 15% (London’s land within KCCA’s watershed) x 308,333 (London’s municipal population as provided by Municipal Property Assessment Corporation (MPAC) and the Ministry of the Environment, Conservation and Parks (MECP)) = 46,250 (municipal population within KCCA watershed) At this time, maintaining the City of London’s membership at three (3) members provides consistency for the remainder of this term of council and term of appointments to KCCA’s Board of Directors. As KCCA’s current membership varies slightly from the population formula, to bring KCCA into compliance with the CA Act, KCCA is requesting that each member municipality consider passing the following motion: That the current membership of the Kettle Creek Conservation Authority allocating one (1) member each to the Municipality of Central Elgin, the Municipality of Middlesex Centre, the Municipality of Thames Centre, the Township of Malahide, and the Township of Southwold; and two (2) members to the City of St. Thomas and three (3) members to the City of London be maintained; and further That the membership of the Kettle Creek Conservation Authority be re-evaluated based on population data available prior to member appointments following the municipal elections in 2022. Once motions are passed by each member council, KCCA will forward the motions to the Minister. KCCA will notify municipal members of any necessary membership adjustments prior to the municipal election in 2022 to assist in membership appointments at that time. Member Appointments As of February 2, 2021 newly proclaimed provisions under the CA Act now require participating municipalities to ensure that at least 70 per cent of its appointees to the Authority are selected from among members of its council (Section. 14 (1.1)). Currently, KCCA has three citizen appointees: one (1) from the Municipality of Middlesex Centre and two (2) from the City of London. KCCA understands that these citizen appointments can continue until the end of their term in 2022. However, for the next term of appointments member municipalities wishing to select less than 70% of its appointees from members of council must request an exception from the Minister using the attached template. Municipalities wishing to proceed with a request for an exception are invited to contact KCCA directly for assistance if any is required. Sincerely, Grant Jones Chair/Kettle Creek Conservation Authority Encl. Relevant Excerpts from the Conservation Authorities Act Template: Subsection 14(1.2) of the CA Act Application for Minister’s Exception 123 Relevant Excerpts from the Conservation Authorities Act CAA Feb 2, 2021 excerpts; yellow highlight are new Sections proclaimed PART IV MEMBERSHIP AND GOVERNANCE Members of authority 14 (1) Subject to subsection (3), members of an authority shall be appointed by the respective councils of the participating municipalities in the numbers set out in subsection 2 (2) for the appointment of representatives. 2017, c. 23, Sched. 4, s. 12 (1); 2020, c. 36, Sched. 6, s. 2 (1). Members of council appointed (1.1) When appointing members of an authority, the council of a participating municipality shall ensure that at least 70 per cent of its appointees are selected from among the members of the municipal council, subject to subsection (1.2). 2020, c. 36, Sched. 6, s. 2 (2). Exception (1.2) Upon application by a participating municipality, the Minister may grant permission to the municipality to select less than 70 per cent of its appointees to an auth ority from among the members of the municipal council, subject to such conditions or restrictions as the Minister considers appropriate. 2020, c. 36, Sched. 6, s. 2 (2). Changes in number of members (2) The total number of municipally appointed members of the authority and the number of municipal councillors that each participating municipality may appoint shall be adjusted as required to ensure compliance with subsection (1) if the municipalities that are participating municipalities change or the population of a participating municipality changes. 2001, c. 9, Sched. K, s. 1 (6); 2020, c. 36, Sched. 6, s. 2 (3). Agreement on number of members (2.1) Despite subsections (1), (2) and (5), the total number of members of the authority and the number of members that each participating municipality may appoint may be determined by an agreement that is confirmed by resolutions passed by the councils of all of the participating municipalities. 2001, c. 9, Sched. K, s. 1 (6). Municipal agreement (2.2) If the participating municipalities of an authority enter into an agreement with respect to the total number of municipally appointed members of the authority and the 124 Relevant Excerpts from the Conservation Authorities Act CAA Feb 2, 2021 excerpts; yellow highlight are new Sections proclaimed total number of members each municipality may appoint, the authority shall, within 60 days after the agreement is executed, (a) provide a copy of the agreement to the Minister; and (b) make the agreement available to the public by posting it on the authority’s website and by any other means the authority considers appropriate. 2020, c. 36, Sched. 6, s. 2 (4). Same, transition (2.3) If an agreement referred to in subsection (2.2) is in force on the day subsection 2 (4) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, the relevant authority shall provide a copy of the agreement to the Minister within 60 days after that day. 2020, c. 36, Sched. 6, s. 2 (4). Qualification (3) Every member of an authority shall be resident in a participating municipality in which the authority has jurisdiction. R.S.O. 1990, c. C.27, s. 14 (3). 125 Solicitor General Solliciteur général Office of the Solicitor General 25 Grosvenor Street, 18th Floor Toronto ON M7A 1Y6 Tel: 416 325-0408 MCSCS.Feedback@Ontario.ca Bureau du solliciteur général 25, rue Grosvenor, 18e étage Toronto ON M7A 1Y6 Tél. : 416 325-0408 MCSCS.Feedback@Ontario.ca 132-2021-404 By email March 17, 2021 Dear Heads of Council and First Nations Chiefs: I am writing to provide you with an update on the new Ontario Provincial Police (OPP) detachment boards under the Community Safety and Policing Act, 2019 (CSPA). As you may remember, in February 2020, the Ministry of the Solicitor General conducted seven regional roundtable sessions across the province. Discussions at these sessions focused on new OPP-related regulatory requirements under the CSPA. Municipalities and First Nation communities receiving policing services from the OPP were invited to learn more about new OPP-related legislative and regulatory requirements and provide the ministry with feedback to inform the development of related regulatory proposals. In addition, we heard from many of you through various letters and engagement opportunities, including meetings with the Association of Municipalities of Ontario MOU Table and Rural Ontario Municipal Association about what you would like your new OPP detachment board to look like. In response to your feedback, an OPP detachment board framework has been developed that we hope will provide municipalities and First Nation communities receiving direct and/or supplemental services from the OPP the flexibility to create a board that reflects your community and local needs. Under this framework, municipalities and First Nation communities receiving direct and/or supplemental services from an OPP detachment are being asked to submit one proposal (per detachment) indicating the composition of their board and, if needed, a rationale for multiple boards and the composition of each additional board. Municipalities and First Nations within a detachment are asked to work together to determine the composition of their board(s) as well as the manner in which they will submit their proposal to the ministry. For example, after determining the composition of the detachment board(s), municipalities and First Nations within a detachment area may select one municipality or First Nation to complete and submit the proposal. ../2 126 Dear Heads of Council and First Nations Chiefs Page 2 Proposals must meet base requirements set by the ministry, which include a minimum number of five members per board and a requirement that each board should be composed of 20% community representatives and 20% provincial appointees. To that end, municipalities and First Nations are not required at this time to identify the names of the individuals that will be participating on the detachment board. Rather, you are only asked to identify the number of seats each municipality and First Nation will be allocated on the detachment board as well as the number of community representatives and provincial appointments. To streamline and support the proposal process, the ministry has developed a digital form that can be accessed using the link included here. The ministry will work with municipalities and First Nations to obtain outstanding information/proposals and support you in submitting a completed proposal. If, however, a proposal still does not meet the minimum requirements, or a proposal is not submitted and/or if no consensus is reached on the composition of the board then the ministry will determine the composition of the detachment board. Completed proposals are to be submitted to the ministry by Monday, June 7, 2021. We recognize the significant implications that the current COVID-19 emergency has had on municipalities and First Nations across the province. To this end, in addition to the written supporting material attached here, we are also pleased to work with you directly through virtual information sessions. If you have questions related to OPP detachment boards under the CSPA, please contact Sarah Caldwell, Director of Community Safety and Intergovernmental Policy, at sarah.caldwell@ontario.ca. If you have questions about the proposal process or would be interested in a virtual information session, please contact Joanna Reading, Senior Policy Advisor, at joanna.reading@ontario.ca Sincerely, Sylvia Jones Solicitor General Enclosures c: Chief Administrative Officers Municipal Clerks 127 OPP DETACHMENT BOARD PROPOSAL PROCESS FACT SHEET Ministry of the Solicitor General CONFIDENTIAL CONTEXT FRAMEWORK TIMELINES PROCESS • Ontario passed the Comprehensive Ontario Police Services Act, 2019 (Bill 68) and established the Community Safety and Policing Act, 2019 (CSP) which, once in force, will repeal the Police Services Act, 1990 (PSA). • Section 67 of the CSPA requires there be an Ontario Provincial Police (OPP) detachment board, or more than one OPP detachment board, for each detachment of the OPP that provides policing in a municipality or in a First Nation community. • The Ministry is required to develop a regulation related to the composition of each OPP detachment board. To achieve this, the ministry has developed an “OPP Detachment Board Framework”. • The new OPP Detachment Board Framework will provide civilian governance to 326 municipalities and 43 First Nations including those that: o Are directly policed by the OPP; o Employ their own First Nations Constables but receive administrative support from the OPP; and o Receive “OPP Dedicated” policing (i.e. North Caribou Lake and Wapekeka First Nation). • By enhancing civilian governance, the OPP Detachment Board Framework under the CSPA will: o Ensure each municipality and First Nation receiving OPP services and supports has an opportunity to represent their local perspectives, needs, and priorities; and o Provide opportunities for municipalities and First Nations to collaborate on efforts to improve community safety. • To ensure the objectives of the OPP Detachment Board Framework are met, the ministry has developed a flexible approach that allows municipalities and First Nations to determine the preferred composition of their detachment board(s) by submitting a proposal using a digital form provided by the ministry. o Link to Digital Form: OPP Board Proposal Form • Municipalities and First Nations within a detachment will be required to work together to develop and submit one proposal indicating the composition of their board(s). The proposal must meet the minimum composition requirements established by the ministry (See Page 2 & Qs and As). • Municipalities and First Nations will not be required to identify the names of the individuals that will be participating on the detachment board but will be required to identify the number of seats each municipality and First Nation will be allocated on the detachment board as well as the number of community representatives and provincial appointments. • The ministry will work with each municipality and First Nation to obtain outstanding information and provide support to ensure each detachment submits a completed proposal. However, a proposal does not meet the minimum requirements set by the ministry or a proposal is not submitted, and/or if a detachment is unable to come to a consensus, the ministry will determine the composition of the detachment board(s). • The ministry is offering virtual information sessions for municipalities and First Nation communities to address outstanding questions and clarify concerns related to the proposal requirements and process, upon request. Launch OPP Detachment Board Proposal Process March 17, 2021 Proposals Due to Ministry June 7, 2021 Establish OPP Boards Fall 2021 128 OPP DETACHMENT BOARD PROPOSAL PROCESS FACT SHEET Ministry of the Solicitor General CONFIDENTIAL OPP DETACHMENT BOARD COMPOSITION REQUIREMENTS CONTACT INFORMATION MINIMUM REQUIREMENTS Minimum Size 5 members Maximum Size None Community Representatives 20% Community Representation • Province to appoint community representative(s) if municipal council/band council fail to appoint representatives by joint resolution. Provincial Appointments 20% Provincial Appointees General Information/OPP Detachment Board Proposal Process Community Safety and Intergovernmental Policy Branch Joanna Reading (Joanna.Reading@ontario.ca) Civilian Governance Options for First Nations Indigenous Engagement Unit Ashley O’Connell (Ashley.OConnell@ontario.ca) 129 OPP DETACHMENT BOARD PROPOSAL PROCESS QUESTIONS & ANSWERS 1 Q1: What are the key differences between the section 10 board framework under the Police Services Act (1990) (PSA) and OPP detachment board framework under the Community Safety Policing Act, 2019 (CSPA)? A1: • The OPP currently polices 326 municipalities. Of these, only those under a section 10 agreement have access to civilian governance. This means there are 178 municipalities that do not participate on a board and as a result do not have access to civilian governance. • Under the CSPA, all municipalities receiving OPP policing services will have the opportunity to participate on an OPP detachment board. • In terms of the roles and responsibilities of board members, the role of OPP detachment boards will include additional responsibilities not required for section 10 boards under the PSA (1990) such as: o considering any community safety and well-being plan adopted by a municipality that receives policing from the detachment; o establishing local policies, in consultation with the de tachment commander, with respect to policing in the area receiving policing from the detachment; and o ensuring local action plans prepared by the detachment commander address the objectives and priorities determined by the board. • Under the CSPA, OPP detachment board members will be required to: o consult with the OPP Commissioner on the selection of a detachment commander; o monitor the performance of the detachment commander; and o provide an annual report to the municipalities and band councils served by the OPP . • OPP detachment boards will also provide a venue for the municipalities and First Nations within a detachment area to coordinate and collaborate on strategies to address common issues that is not present under the PSA. Q2: What does the transition to the new OPP detachment board framework mean for municipalities and First Nations currently receiving policing services by the OPP? A2: • Until the Act comes into force, the ministry will continue to renew section 10 agreements that are set to expire in 2021. • However once the CSPA comes into force all existing section 10 agreements will be terminated, and Section 10 boards will be dissolved. • To do this, the ministry is committed to providing sufficient time and adequate supports to municipalities currently participating on a Section 10 board or, in the case of municipalities that receive OPP policing without a formal agreement/contract (i.e. Section 5.1 municipality), a Community Policing Advisory Committees (CPAC) as they dissolve their current board structures and transition to the new OPP detachment board model. Q3: When will the CSPA come into force? A3: • The ministry is working towards the act being proclaimed in early 2022. Q4: Which municipalities and First Nations are included in the OPP detachment board framework? A4: • The OPP detachment board framework provides civilian governance to the municipalities and First Nations receiving policing from OPP detachments. • More specifically, the framework includes 326 municipalities currently policed by the OPP. • The First Nations included in this framework include the 43 First Nations that: o are directly policed by the OPP (i.e., zone policing without a funding agreement); o employ their own First Nations Constables but receive administrative support from the OPP (i.e., “OPP- Administered” policing under the Federal First Nations Policing Program (FNPP)); and o receive “OPP-Dedicated” policing (i.e. Stream Two agreements under the FNPP). Q5: What role will municipalities and First Nations have with respect to the OPP Detachment Board proposal process? A5: • Municipalities and First Nations in each OPP detachment area will be required to submit one proposal indicating the composition of their board and the rationale for multiple boards and the composition of each additional board , if multiple boards are being recommended.. • The ministry will only accept one proposal per detachment. • Municipalities and First Nations within a detachment will be required to work together and determine the approach for developing and submitting their proposal to the ministry. o For example, after determining the composition of the detachment board(s), the municipalities and First Nations within a detachment may select one municipality or First Nation to complete and submit the proposal. 130 OPP DETACHMENT BOARD PROPOSAL PROCESS QUESTIONS & ANSWERS 2 Q6: What information is the ministry requesting in the proposal form? A6: • Municipalities and First Nations within a detachment area will be required to submit a proposal indicating the composition of their board(s). • Municipalities and First Nations will not be required to identify the names of the individuals that will be parti cipating on the detachment board. Rather, they will be required to identify the number of seats each municipality and First Nation will be allocated on the detachment board as well as the number of community representatives and provincial appointments. • If a municipality and/or First Nation chooses not to participate on a detachment board and forfeits their seat, they will be required to indicate this in the proposal. Q7: Factors to consider when requesting more than one detachment board. A7: • The CSPA allows an OPP detachment to establish one, or more than one, OPP detachment board. • Detachments that are considering requesting more than one detachment board should consider factors such as: o Geography (e.g. distance between municipalities and First Nations); o Variations in population size and; o The number of municipalities and First Nations within an OPP detachment; and o Service demands (e.g. calls for service). • However, if proposing more than one OPP detachment board, municipalities and First Nations should also consider challenges associated with recruiting board members (e.g. inability to fill vacancies) and the costs associated with operating additional boards. Q8: Will municipalities/First Nations that are receiving policing and/or supports and services by two OPP detachments be allowed to participate on both OPP detachment boards? A8: • Yes. Municipalities and First Nations that are receiving policing and/or supports and services by two OPP detachments can participate on both OPP detachment boards, or can choose to participate on only one OPP detachment board. • Representation must be determined in collaboration with the other municipalities and First Nations within the OPP detachment, as a consensus on the composition of the OPP detachment board is required. • Municipalities that wish to be represented on both OPP detachment boards will be required to cover the costs associated with participating on two boards (i.e. operational costs). Q9: What is considered a “completed” proposal? A9: • Each detachment will be required to complete one proposal using the digital form provided by the ministry. The link to the digital form can be found here: Ontario Provincial Police Board (OPP) Proposal Form. • A completed proposal must be submitted using the digital form provided by the ministry and meet the minimum composition requirements provided by the ministry. • The ministry will work with each detachment to obtain outstanding information/proposals and support them in submitting a completed proposal. • If however in the end if a proposal does not meet the minimum requirements set by the ministry or a proposal is not submitted, and/or if a detachment is unable to come to a consensus, the ministry will determine the composition of the detachment board. Q10: What support will the ministry provide municipalities and First Nations throughout the OPP detachment board proposal process? A10: • Virtual information sessions, led by the ministry, will be made available upon request for municipalities and First Nation communities to address outstanding questions and clarify concerns related to the proposal requirements and process. • If your detachment is interested in a virtual information session, or have other inquiries related to the OPP detachment board proposal process, please forward your request to the ministry to Joanna Reading via email at Joanna.Reading@ontario.ca. Q11: What is the purpose of provincial appointments on OPP Detachment Boards? A11: • Provincial appointees will provide advice to the board as public representatives whose appointments are independent of municipal/band councils. • However, to ensure members of the detachment board are reflective of the communities they serve, the municipalities/First Nation Chief and Councils will have the ability to nominate individuals for consideration as provincial appointees. 131 OPP DETACHMENT BOARD PROPOSAL PROCESS QUESTIONS & ANSWERS 3 Q12: Will the government address the current backlog in provincial appointments? A12: • We know there are concerns related to the number of vacant provincial appointments and the length of time these appointments remain unfilled. • We have made significant progress in reducing the backlog of provincial appointments. Since our government took office in 2018, we have filled approximately 124 provincial appointment vacancies on section 10 boards. • We will continue to work with municipalities and First Nations to ensure provincial appointees are recruited and appointed in a timely manner. Q13: Why are First Nations with Self-Administered Police Services not included in the OPP detachment board framework? A13: • First Nations that receive policing from a Self-Administered First Nation Police Service (SA FNPS) are not included in the OPP detachment board framework as they are already represented on boards and/or have their own police governing authorities. In addition, SA FNPS boards have existing relationships and alternate methods to communicate their input to the OPP with respect to supports and services the OPP provides to their communities. Q14: Are there other civilian governance options for First Nation communities that are captured within the OPP detachment board framework? A14: • As an alternative to participating on an OPP Detachment board, under the CSPA First Nations have the option to request to form a First Nation OPP Board. • Where a First Nation or multiple First Nations has entered into an agreement with the Minister for the provision of policing and other specified services by the Commissioner, the First Nation(s) may request that the Minister constitute a First Nation OPP board. • A First Nation OPP board would perform similar functions and responsibilities as an OPP Detachment board by providing advice and oversight over the policing services provided by the OPP to a First Nation community or communities. o This includes determining objectives and priorities, supporting development of the strategic plan, and advising the Detachment Commander with respect to policing provided to a First Nation community or communities. o A First Nation OPP board could also establish local policies, in consultation with the OPP, with respect to the detachment’s provision of policing. • Please contact Ashley O’Connell, Indigenous Engagement Unit, Ministry of the Solicitor General at Ashley.OConnell@ontario.ca for more information on requesting a First Nation OPP Board. ADDITIONAL INFORMATION Q15: What training will OPP detachment board members be required to complete? A15: • Members cannot perform their duties or exercise any of their powers until they have successfully completed the training identified in the CSPA. • More specifically, like all other boards and councils governed under the CSPA, OPP detachment board members will be required to successfully complete training with respect to: o human rights and systemic racism; o the diverse, multiracial and multicultural character of Ontario society; o the rights and cultures of Indigenous peoples; and o any other training prescribed by the Solicitor General. Q16: Will municipalities be able to request enhanced OPP policing services (e.g., beyond basic “adequate and effective” policing) under the CSPA? A16: • Under the CSPA, municipalities that receive policing from the OPP may enter into agreements for enhanced policing services. • Municipalities will continue to be responsible for funding and implementing enhancements. Q17: Once the CSPA is in force, will municipalities within a detachment receive one billing statement (i.e., a single invoice for the entire detachment)? A17: • There will be no substantive changes to the billing process. • Municipalities will continue to be billed individually. 132 OPP DETACHMENT BOARD PROPOSAL PROCESS QUESTIONS & ANSWERS 4 Q18: Will there be an opportunity to provide additional feedback on other OPP-related matters for regulation? A18: • All OPP-related matters for regulation will be posted on the Ontario Regulatory Registry for public comment. 133 From: Andrew Henry <ahenry@huronelginwater.ca> Sent: March 5, 2021 9:38 AM To: Andy Grozelle <agrozelle@town.aylmer.on.ca>; Paul Shipway (Bayham) <pshipway@bayham.on.ca>; Michelle Casavecchia-Somers <MCasavecchia@malahide.ca> Cc: jbunn@london.ca; Scherr, Kelly <kscherr@london.ca> Subject: Elgin Area Water System - Bylaw 1.3 Member Appointments Good morning, At the March 4, 2021 meeting of the Board of Management for the Elgin Area Water Supply System, the Board considered and approved an amendment to By-Law No. 1.3 related to the Appointment of Members to the Board of Management. The amended By-law now allows the municipalities of Malahide, Bayham and the Town of Aylmer, acting jointly, the ability to appoint one (1) Member and two (2) Alternate Members to the Board of Management. As per our records, it is my understanding that Malahide, Bayham and Aylmer previously had jointly appointed the following persons to the Board of Management: • Pete Barbour (Member) • Rainey Weisler (Alternate Member) Under the amended By-law Malahide, Bayham and Aylmer may now jointly appoint a second Alternate Member to the Board. At your earliest convenience, please let me know if you intend to appoint a second Alternate Member to the Board and if so, who that person will be. Please feel free to contact me should you have any questions about the By-law amendment and/or appointment process. Andrew J. Henry, P.Eng. (he/him) Director, Regional Water Lake Huron & Elgin Area Water Supply Systems 134 235 North Centre Road, Suite 200 London, Ontario N5X 4E7 T: 519-930-3505 ext.1355 https://huronelginwater.ca/ www.facebook.com/RegionalWaterSupply/ 135 March 24, 2021 Township of Malahide 87 John Street South Aylmer, ON N5H 2C3 Attention: Michelle Casavecchia-Somers, Chief Administrative Officer/ Clerk Via email: mcasavecchia@malahide.ca Notice of Resolution No. 85-21 – Elgin Area Water Supply System Alternate Appointment At their Regular Meeting on March 15, 2021 the Council of the Town of Aylmer passed the below resolution: Resolution No. 85-21 Moved by Councillor Barbour and seconded by Deputy Mayor Andrews: That the correspondence from Andrew Henry, Director Regional Water on behalf of the Elgin Area Water Supply System be received for information; and, That Council direct staff to send correspondence to the Municipality of Bayham and the Township of Malahide regarding the prospect of the Township of Malahide of appointing an additional alternate to the Board as permitted by recent revisions to the Elgin Area Primary Water Supply System Board Appointment By-Law. The motion is Carried. As outlined in the above resolution, the Town of Aylmer received correspondence from the Elgin Area Water Supply System Board of Management on March 5, 2021 relating to a recent amendment to By-Law No. 1.3 (Appointment of Members to the Board of Management). As indicated in the attached correspondence, the amended By-Law now allows the Municipality of Bayham, Township of Malahide and the Town of Aylmer, acting jointly, the ability to appoint one (1) Member and two (2) Alternate Members to the Board of Management. With the Town of Aylmer having appointed the current Member (Pete Barbour) and the Municipality of Bayham the current Alternate Member (Rainey Weisler), the Council of the Town of Aylmer is supportive of the Township of Malahide appointing the additional Alternate Member as permitted by the aforementioned amendment to By- Law No. 1.3. Sincerely, Josh Brick Director of Legislative Services/ Clerk jbrick@town.aylmer.on.ca CC: Municipality of Bayham Andrew Henry, Director (Regional Water) – Elgin Area Water Supply System Encl. 136 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 21-28 Being a By-law to authorize the execution of a Fire Safety Grant Transfer Payment Agreement with Her Majesty the Queen in Right of Ontario, as represented by the Office of the Fire Marshal. WHEREAS Section 5(3) of the Municipal Act, 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREAS the Council of The Corporation of the Township of Malahide wishes to enter into a Fire Safety Grant Transfer Payment Agreement with Her Majesty the Queen in Right of Ontario, as represented by the Office of the Fire Marshal ; AND WHEREAS a copy of the said Fire Safety Grant Transfer Payment Agreement between Her Majesty the Queen in Right of Ontario and The Corporation of the Township of Malahide is attached hereto; NOW THEREFORE the Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1. THAT the entering into the Fire Safety Grant Transfer Payment Agreement with Her Majesty the Queen in Right of Ontario is hereby approved and authorized. 2. THAT the Mayor and the Clerk be and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Fire Safety Grant Transfer Payment Agreement in substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3. THAT the said Fire Safety Grant Transfer Payment Agreement shall take effect and come into force upon the signing thereof by all parties thereto. 4. THAT this By-law shall come into force and take effect on the final passing thereof. READ a FIRST and SECOND time this 8th day of April, 2021. READ a THIRD time and FINALLY PASSED this 8th day of April, 2021. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers 137 FIRE SAFETY GRANT TRANSFER PAYMENT AGREEMENT THE AGREEMENT, effective as of the 8th day of April, 2021 (the “Effective Date”) B E T W E E N : Her Majesty the Queen in right of Ontario as represented by the Office of the Fire Marshal (the “Province”) - and - Township of Malahide (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 The agreement, together with: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget Schedule “E” - Reports, and any amending agreement entered into as provided for in section 3.1, constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 CONFLICT OR INCONSISTENCY 2.1 In the event of a conflict or inconsistency between the Additional Provisions and Schedule “A”, the Additional Provisions will prevail. 138 TP Agreement – Shortened Page 2 of 15 3.0 AMENDING THE AGREEMENT 3.1 The Agreement may only be amended by a written agreement duly executed by the Parties. 4.0 ACKNOWLEDGEMENT 4.1 The Recipient acknowledges that: (a) the Funds are: (i) to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (b) the Province is not responsible for carrying out the Project; and (c) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Office of the Fire Marshal Click or tap here to enter text. Click or tap here to enter text. Date Name: Title: Township of Malahide April 8, 2021 ______________________________ Date Name: Dave Mennill Title: Mayor April 8, 2021 ______________________________ Date Name: Michelle Casavecchia-Somers Title: Chief Administrative Officer/Clerk We have authority to bind the Recipient. 139 TP Agreement – Shortened Page 3 of 15 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 DEFINITIONS A1.1 Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 3.1. “Budget” means the budget attached to the Agreement as Schedule “D”. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A12.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on March 31, 2021 and ending on August 31, 2021; and “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees and employees. “Maximum Funds” means the maximum Funds set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or period s of time by which the Province extends that time. “Parties” means the Province and the Recipient. 140 TP Agreement – Shortened Page 4 of 15 “Party” means either the Province or the Recipient. “Project” means the undertaking described in Schedule “C”. “Reports” means the reports described in Schedule “E”. A2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS A2.1 General. The Recipient represents, warrants and covenants that: (a) it is, and will continue to be a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has the full power and authority to enter into the Agreement and has taken all necessary actions to authorize the execution of the Agreement; (c) it has, and will continue to have the experience and expertise necessary to carry out the Project; (d) it is in compliance with, and will continue to comply with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project, the Funds or both; and (e) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Governance. The Recipient represents, warrants and covenants that it has, will maintain, in writing, and will follow: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization; (b) procedures to enable the Recipient’s ongoing effective functioning; (c) decision-making mechanisms for the Recipient; (d) procedures to enable the Recipient to manage Funds prudently and effectively; (e) procedures to enable the Recipient to complete the Project successfully; and (f) procedures to enable the preparation and submission of all Reports required pursuant to Article A6.0. 141 TP Agreement – Shortened Page 5 of 15 A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on March 31, 2021 and will expire on the Expiry Date. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds allocated as part of this grant exercise; (b) provide the Funds to the Recipient in accordance with the payment plan set out in Schedule “D”; and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency or organization of the Government of Ontario. A5.0 CONFLICT OF INTEREST A5.1 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without a conflict of interest. The Recipient will disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest; and comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A6.0 REPORTING, ACCOUNTING AND REVIEW A6.1 Preparation and Submission. The Recipient will submit to the Province at the address referred to in section A15.1, all Reports in accordance with the 142 TP Agreement – Shortened Page 6 of 15 timelines and content requirements provided for in Schedule “E”, or in a form as specified by the Province from time to time. A6.2 Record Maintenance. The Recipient will keep, maintain and make available to the Province, its authorized representatives or an independent auditor identified by the Province for inspection and copying: (a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. A7.0 COMMUNICATIONS REQUIREMENTS A7.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient will acknowledge the support of the Province for the Project in a form and manner as directed by the Province. A7.2 Publication. The Recipient will indicate, in any of its Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A8.0 INDEMNITY A8.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whome ver made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A9.0 INSURANCE A9.1 Recipient’s Insurance. The Recipient represents, warrants and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than the amount provided for in 143 TP Agreement – Shortened Page 7 of 15 Schedule “B” per occurrence. The insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipie nt’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30 day written notice of cancellation. A9.2 Proof of Insurance. If requested, the Recipient will provide the Province with certificates of insurance, or other proof as may be requested by the Province, that confirms the insurance coverage as provided for in section A9.1. A1 0.0 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT A10.1 Events of Default. Each of the following events will constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; or (iii) provide, in accordance with section A6.1, Reports or such other reports as may have been requested by the Province; (b) the Recipient’s operations, its financial condition, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) the Recipient ceases to operate. A10.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: 144 TP Agreement – Shortened Page 8 of 15 (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A10.3 When Termination Effective. Termination under this Article will take effect as provided for in the Notice. A1 1.0 FUNDS AT THE END OF A FUNDING YEAR A11.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient the payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A1 2.0 FUNDS UPON EXPIRY A12.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession or under its control. A1 3.0 NOTICE A13.1 Notice in Writing and Addressed. Notice will be in writing and will be 145 TP Agreement – Shortened Page 9 of 15 delivered by email, postage-prepaid mail, personal delivery or fax, and will be addressed to the Province and the Recipient respectively as provided for in Schedule “B”, or as either Party later designates to the other by Notice. A13.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five business days after the Notice is mailed; or (b) in the case of email, personal delivery or fax, one business day after the Notice is delivered. A1 4.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A14.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. A1 5.0 INDEPENDENT PARTIES A15.1 Parties Independent. The Recipient is not an agent, joint venturer, partner or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. A1 6.0 ASSIGNMENT OF AGREEMENT OR FUNDS A16.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights, or obligations under the Agreement. All rights and obligations contained in the Agreement will extend to and be binding on the Parties’ permitted assigns. A17.0 GOVERNING LAW A17.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A18.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A18.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition or obligation under any other 146 TP Agreement – Shortened Page 10 of 15 agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A19.0 SURVIVAL A19.1 Survival. All Articles and sections, and all applicable cross-referenced sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement. - END OF GENERAL TERMS AND CONDITIONS – 147 TP Agreement – Shortened Page 11 of 15 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds $6,800.00 Expiry Date August 1, 2021 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Position: Address: Fax: Email: Contact information for the purposes of Notice to the Recipient Position: Michelle Casavecchia-Somers, CAO/Clerk Address: Township of Malahide 87 John Street South Aylmer Ontario N5H 2C3 Fax: 519-773-5344 Email: malahide@malahide.ca Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Position: Arundhati Mohile, Treasurer Address: Township of Malahide 87 John Street South Aylmer Ontario N5H 2C3 Fax: 519-773-5344 Email: amohile@malahide.ca Additional Provisions: None 148 TP Agreement – Shortened Page 12 of 15 SCHEDULE “C” PROJECT The Municipal Fire Protection Grant has been established to provide critical support to municipalities in 2020-21 to offset costs and potential barriers for issues stemming from the COVID-19 pandemic. Such issues include access to training, and equipment or other critical upgrades that are needed at the local level to support virtual inspections. Ontario’s fire departments vary in size and capacity and they all serve different communities that each present different levels of risk. There is a significant cost to ensure that every department has skilled first responders who are adequately trained and equipped to meet the needs of their community. Funding could represent the difference in allowing fire departments to train more staff, purchase much needed equipment to allow them to adapt and respond to COVID-19 related risks in their communities in a way that ensures both community and personnel safety. The use of the one-time 2020-21 Municipal Fire Protection Grant will focus on the needs of municipal fire departments to ensure community safety with a focus on issues that have presented due to the COVID-19 pandemic, including:  Training to offset the pressures in training as a result of the COVID-19 pandemic.  Specialty training to respond to the dynamics of the COVID-19 pandemic and the need to ensure fire safety in their communities such as virtual inspections.  Small improvements to fire department infrastructure, such as accessing high speed internet to support training and virtual inspections. The fire service has expressed concerns with training and fire code compliance since the start of the pandemic. Some of these concerns include critical inspections being delayed or impacted given the apprehension with entering premises. Similarly, training has been impacted given that fire services have been responding to challenges associated with the pandemic (staffing shortages, increased calls for service, etc.). Many departments continued training online as the Office of the Fire Marshal enhanced its online course availability at the start of the pandemic. This emergency COVID relief funding provides support for increased access to training, support for fire code compliance inspections through virtual inspections, and equipment or other critical upgrades that are needed at the local level to support community risks during the pandemic and the switch to virtual training and inspections. 149 TP Agreement – Shortened Page 13 of 15 150 TP Agreement – Shortened Page 14 of 15 SCHEDULE “D” BUDGET Funding will be provided to the Township of Malahide upon execution of this Agreement. The funds will need to be spent by the municipality by August 1, 2021. 151 TP Agreement – Shortened Page 15 of 15 SCHEDULE “E” REPORTS As a condition of the Municipal Fire Protection Grant, a report back to the Office of the Fire Marshal must be received by September 1, 2021 to outline how the grant was utilized at the department level. 152 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 21-29 Being a By-law to authorize the acquisition of land for the purpose of widening a highway (Pressey Line). WHEREAS Section S. 31(6) of the Municipal Act, 2001, c. 25, as amended authorizes a municipality to pass by-laws to acquire land for the purpose of widening a highway and the land acquired forms part of the highway; AND WHEREAS the Council of The Corporation of the Township of Malahide deems it desirable to acquire land for the purpose of road widening; NOW THEREFORE the Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and the Clerk be and they are hereby authorized to negotiate “Land Purchase Agreements” for: a) Road Widening on Pressey Line, being Part of Lot 30, Concession 9, Lot 29, Concession 10, and Lot 30, Concession 10, Geographic Township of Malahide: Part 1 Reference Plan 11R-10724 133 square meters Part 2 Reference Plan 11R-10724 94 square meters Part 3 Reference Plan 11R-10724 47 square meters Part 4 Reference Plan 11R-10724 94 square meters 2. That the Clerk or the Solicitor for the Corporation be authorized to sign the necessary Affidavits under the Land Transfer Tax Act on behalf of the Corporation for the acquisition and transfer of title. 3. THAT this By-law shall come into force and take effect on the final passing thereof. READ a FIRST and SECOND time this 8th day of April, 2021. READ a THIRD time and FINALLY PASSED this 8th day of April, 2021. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers 153 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 21-30 Being a By-law to authorize the execution of a Development Agreement, pursuant to Section 45 of the Planning Act, R.S.O. 1990, with David Fehr and Jacqueline Fehr relating to the property located at Part of Lot 34, Concession 9, being 53250 College Line, Township of Malahide. WHEREAS Subsection 9 of Section 45 of the Planning Act, R.S.O. 1990, c. P.13, authorizes committees of adjustment to grant approvals subject to such terms and conditions as the committee considers advisable and as are set out in the decision; AND WHEREAS Subsection 9.1 of Section 45 of the Planning Act, R.S.O. 1990, c. P.13, authorizes municipalities to enter into agreements with the owner of the land dealing with some or all of the terms and conditions of such approval by the committee of adjustment; AND WHEREAS Subsection 9.2 of Section 45 of the Planning Act, R.S.O. 1990, c. P.13, any agreement entered into under subsection 9.1 may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land; AND WHEREAS the Committee of Adjustment for the Township of Malahide, on March 18, 2021, approved a Minor Variance as per Application No. D13-MV-01-21, relating to the property located at Part of Lot 34, Concession 9, being 53250 College Line (being Part 2 on RP 11R-10671), subject to the entering into of a Development Agreement; AND WHEREAS the Council of The Corporation of the Township of Malahide is desirous of entering into a Development Agreement with David Fehr and Jacqueline Fehr as the owners of the property located at Part of Lot 34, Concession 9, being 53250 College Line (being Part 2 on RP 11R-10671), Township of Malahide; NOW THEREFORE the Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1. THAT the entering into a Development Agreement with David Fehr and Jacqueline Fehr relating to the property located at Part of Lot 34, Concession 9, being 53250 College Line (being Part 2 on RP 11R-10671), is hereby approved and authorized. 2. THAT the Mayor and the Clerk be and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Development Agreement in substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3. THAT the said Development Agreement shall take effect and come into force upon the signing thereof by all parties thereto. 4. THAT this By-law shall come into force and take effect on the final passing thereof. READ a FIRST and SECOND time this 8th day of April, 2021. 154 READ a THIRD time and FINALLY PASSED this 8th day of April, 2021. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers 155 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 21-27 Being a By-law to adopt, confirm and ratify matters dealt with by resolution of the Township of Malahide. WHEREAS Section 5(3) of the Municipal Act, 2001, c. 25, as amended, provides that the powers of every council are to be exercised by by-law; AND WHEREAS in many cases, action which is taken or authorized to be taken by the Township of Malahide does not lend itself to the passage of an individual by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Township of Malahide at this meeting be confirmed and adopted by by-law; NOW THEREFORE the 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, at its regular meeting held on April 8, 2021, and its special meeting held on March 25, 2021, in respect of each motion, resolution and other action taken by the Council of the Township of Malahide at such meeting is, except where the prior approval of t he Ontario Municipal Board or other authority is required by law, is hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-law. 2. THAT the Mayor and the appropriate officials of the Township of Malahide are hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Township of Malahide referred to in the proceeding section. 3. THAT the Mayor and 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. READ a FIRST and SECOND time this 8th day of April, 2021. READ a THIRD time and FINALLY PASSED this 8th day of April, 2021. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers 156