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Regular Council Minutes - 2020/02/2016110111 The Corporation of the Township of Malahide February 20, 2020 - 7:30 p.m. The Malahide Township Council met in the Council Chambers located in the Springfield & Area Community Service Building, at 51221 Ron McNeil Line, Springfield, at 7:30 p.m. with the following present: Council: Mayor D. Mennill, Deputy Mayor D. Giguere, Councillor M. Widner, Councillor M. Moore, Councillor R. Cerna, and Councillor C. Glinski. Staff: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Financial Services A. Mohile, Director of Physical Services M. Sweetland, Director of Fire and Emergency Services B. Smith, and Deputy Clerk D. Wilson. Absent with regret: Councillor S. Lewis. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTEREST and the General Nature thereof: Councillor Widner disclosed a pecuniary interest with respect to Council Agenda Item D (ii) regarding Thiessen Drainage Petition. The nature of the conflict being that a Junior Partner at Spriet Associates is an immediate relative of his. MINUTES: No. 20-60 Moved by: Max Moore Seconded by: Rick Cerna THAT the minutes of the regular meeting of the Council held on February 6, 2020 be adopted as printed and circulated. Carried. No. 20-61 Moved by: Dominique Giguere Seconded by: Mark Widner THAT the minutes of the special meeting of the Council held on January 29, 2020, be adopted as printed and circulated. Carried. PRESENTATIONS/DELETGATIONS/PETITIONS: do Public Meeting — Minor Variance Application, as submitted by Henry and Anne Marie Penner, relating to property at 49520 Calton Line. No. 20-62 Moved by: Rick Cerna Seconded by: Dominique Giguere 1810411 THAT the Committee of Adjustment for the Township of Malahide be called to order at 7:31 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 Henry and Anne Marie Penner. Chair Mennill requested the Director of Development and Community Services to provide 40 an overview of the application. The Director advised that the purpose and effect of this variance is to grant relief from the Small Lot Agricultural (A4) Zone and applicable regulations in the Township of Malahide Zoning By-law No. 18-22 requiring a minimum front yard depth of 15 metres (49.2 feet) (Section 5.2.1). The variance will permit the construction of a new covered porch extending along the front of the existing dwelling facing Calton Line. With the new porch addition, the front yard depth would be reduced from 10.4 metres (34 feet) to 8.5 metres (28 feet). Chair Mennill asked the Applicant and/or their agent to provide any additional Information and there was none. Chair Mennill asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that correspondence was received from the Catfish creek Conservation Authority indicating no objections. 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. 20-63 Moved by: Rick Cerna Seconded by: Chester Glinski THAT Report No. DCS-20-06 entitled "Minor Variance Review — 49520 Calton Line" be received; AND THAT, notwithstanding that Section 5.2.1 of Zoning By-law No. 18-22 states that the minimum front yard depth be a minimum of 15 metres (49.2 feet) in the Small Lot Agricultural (A4) Zone, the Minor Variance Application of Henry & Anne Marie Penner, relating to the property located at 49520 Calton Line, to allow relief of the minimum front yard provision to allow for the construction of a residential addition to an existing single family residence, be granted. Carried. Carried. Director of Fire and Emergency Services 20-62 - Emergency Services Activity Report — January No. 20-65 Moved by: Max Moore Seconded by: Chester Glinski THAT Report No. F-20-03 entitled "Emergency Services Activity Report — January" be received. Carried. 40 Director of Physical Services - Contract Award: 2020-2022 Roadside Grass Cutting No. 20-66 Moved by: Dominique Giguere Seconded by: Mark Widner THAT Report No. PS-20-09 entitled "Contract Award: 2020-2022 Roadside Grass Cutting" be received; AND THAT the contract for the 2020-2022 Roadside Grass Cutting be awarded to D & D Commercial Property Maintenance Ltd, of Ingersoll, Ontario, in the amount of $41,576.00 per year (excluding applicable taxes); AND THAT the Mayor and Clerk be authorized to enter into a 2 year contract for the 2020 and 2021 grass cutting seasons; it being noted that the tender allows the Council an option to negotiate with the contractor for a one year extension if it so chooses. Carried. Councillor Widner declared a conflict of interest with respect to Council Agenda Item D (ii) relating to Spriet Associates, retired from the meeting and abstained from all discussions and voting on the matter. Petition for Drainage — Thiessen Petition No. 20-67 Moved by: Max Moore Seconded by: Rick Cerna THAT Report No. PS-20-10 entitled "Petition for Drainage — Thiessen Petition" be received; AND THAT John M. Spriet, P. Eng. of Spriet Associates Ltd., be appointed to prepare an Engineer's Report for this Petition. Carried. Councillor Widner resumed his seat in the Council Chambers. - Petition for Drainage — Banman Petition No. 20-68 Go Moved by: Max Moore Seconded by: Dominique Giguere THAT Report No. PS-20-11 entitled "Petition for Drainage — Banman Petition" be received; AND THAT Andrew Gilvesy, P.Eng., of Cyril J. Demeyere Limited, be appointed to prepare an Engineer's Report for the Banman petition, it being noted that the 0"0 1 Petitioner is requesting this petition to be incorporated into the Engineers report currently being prepared for the construction of a new branch of the Cook Drain. Carried. Concern re: Width of Guiderails on Yorke Line and Dorchester Road In response to a concern received from Councillor Moore, the Director of Physical Services advised he would review and report back to the Council whether there was a need for warning signs on the guide rails along Yorke Line and Dorchester Road. Director of Development and Community Services - Updated Property Standards By-law In response to various inquiries from the Council, the Director of Development and Community Services confirmed that the Township enforces by-laws strictly on a complaint basis. He noted that with the new municipal responsibilities relating to landlord and tenant issues, the new by-law would be essential. No. 20-69 Moved by: Max Moore Seconded by: Dominique Giguere THAT Report No. DCS-20-07 entitled "Updated Property Standards By-law" be received; AND THAT the attached draft Property Standards By-law be approved and the Municipal Clerk be directed to finalize the by-law and submit such to the Council for consideration at the next regular meeting. Carried. Director of Financial Services - 2019 Council Remuneration and Expense No. 20-70 Moved by: Rick Cerna Seconded by: Chester Glinski THAT Report No. FIN-20-05 entitled "2019 Council Remuneration and Expense" be received. Carried. Chief Administrative Officer/Clerk - Early Termination of Lease Agreement for 49352 Dexter Line AND THAT the Municipal Staff be authorized and directed to formally notify Darcy John Taylor and Jodi Lynn Taylor that, pursuant to Clause 11 of the current Lease Agreement, the Township of Malahide wishes to terminate the current lease agreement for the lands adjacent to the bridge abutment property located at 49352 Dexter Line, Plan 55, Pt. Lot 40 Pt Lot 41 N/S Water W/S Bank RP 11R21 Part 1 within the Township of Malahide, consisting more or less of approximately 0.14 acres; 20-64 AND THAT such termination of the current Lease Agreement would become effective 30 days after Mr. Darcy John Taylor and Ms. Jodi Lynn Taylor have been given formal notice; it being pointed out that the Township would at that point require possession of the said property for municipal purposes in order facilitate the staging grounds required by the County's Contractor for the installation of the Imperial Road Port Bruce Bridge by the County. Carried. Use of Former MTO Lands for Port Bruce Bridge Construction No. 20-72 Moved by: Max Moore Seconded by: Dominique Giguere THAT the County of Elgin and its contractor, Hayman Construction Inc., be given authorization to utilize a portion of the municipal property (former MTO lands) as a staging ground in order to facilitate the installation of the Imperial Road Port Bruce Bridge, SUBJECT TO such lands being restored to existing conditions or better following the construction of the bridge and upon removal of any staging equipment. Carried. COMMITTEES AND OUTSIDE BOARDS: No. 20-73 Moved by: Chester Glinski Seconded by: Rick Cerna THAT the following Reports of Committees/Outside Boards be noted and filed: (i) Long Point Region Conservation Authority Board of Directors — Minutes of January 8, 2020. Carried. No. 20-74 Moved by: Dominique Giguere Seconded by: Rick Cerna THAT the Village of Merrickville-Wolford resolution requesting the Ministry of Natural Resources and Forestry to provide supporting evidence with respect to the expansion of wetlands designations be supported. Carried. No. 20-75 Moved by: Dominique Giguere Seconded by: Rick Cerna isTHAT the County of Prince Edward resolution requesting the Federal Government to review regulations related to consumer packaging on single -use wipes to remove the word flushable be supported. Carried. No. 20-76 Moved by: Dominique Giguere Seconded by: Rick Cerna 20-65 THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated February 6 and 13, 2020. 2. County of Prince Edward and Municipality of Chatham -Kent — Resolution supporting the continuation of programs and services of Conservation Authorities. (Malahide supported a similar Resolution on May 23 and June 6, 2019, and January 23, 2020.). 1* 3. Township of South Glengarry, Municipality of Chatham -Kent, Township of Wellington North, County of Prince Edward — Resolution supporting the Province of Ontario's proposed new legislation, Bill 156 — Security from Trespass and Protecting Food Safety Act, 2019. 4. Kettle Creek Conservation Authority — Newsletter. 5. County of Elgin Land Division Committee — Deferral of Severance Application E94/19 (Solagrace Enterprises Inc.) relating to property located at Part Lot 88, Concession STR., Malahide. 6. Municipality of Central Elgin — Notice of Passing of Zoning By-law Amendment relating to the following properties: - 494 Lower Spring Street, Port Stanley. - 42575 Dexter Line. - 6016 Fairview Road. 7. Municipality of Central Elgin — Notice of Public Meeting for Zoning By-law Amendment relating to property located at 116 Coulter Avenue. Carried. OTHER BUSINESS: - Appointment to Court of Revision — Ankor & Heider Drain No. 20-77 Moved by: Max Moore Seconded by: Chester Glinski THAT Councillor Mark Widner be appointed as the Township of Malahide's Court of Revision Member for the Ankor & Heider Municipal Drains 2020 (Municipality of Thames Centre). Carried. BY-LAWS: - By-law No. 20-13 — Appoint By-law Enforcement Officers No. 20-78 Moved by: Mark Widner Seconded by: Chester Glinski THAT By-law No. 20-13, being a By-law to appoint By-law Enforcement Officers, be given first, second and third readings, and be properly signed and sealed. Carried. CONFIRMATORY: 20-66 No. 20-79 Moved by: Max Moore Seconded by: Rick Cerna THAT By-law No. 20-11, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. doADJOURNMENT: No. 20-80 Moved by: Mark Widner Seconded by: Chester Glinski THAT the Council adjourn its meeting at 8:21 p.m. to meet again on March 5, 2020, at 7:30 p.m. Carried. r Clerk — M. Casavecchia-Somers