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Regular Council Minutes - 2020/06/0420-111 The Corporation of the Township of Malahide June 4, 2020 — 7:30 p.m. The Malahide Township Council met via videoconference. The Manager of Information Technology and the Deputy Clerk were present in the Council Chambers located in the Springfield & Area Community Service Building, at 51221 Ron McNeil Line, Springfield. Due to COVID-19 and public health concerns, public attendance was not permitted at this meeting. The Mayor and other Members of Council participated remotely. The following members were present: Council via Videoconference: Mayor D. Mennill, Deputy Mayor D. Giguere, Councillor R. Cerna, Councillor C. Glinski, Councillor S. Lewis, Councillor M. Moore, and Councillor M. Widner. Staff present in Council Chamber: Manager of Information Technology C. Coxen and Deputy Clerk D. Wilson. Staff via Videoconference: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Fire and Emergency Services B. Smith, Director of Development and Community Services E. DiMeo, Director of Physical Services M. Sweetland, Director of Financial Services A. Mohile, and Water/Wastewater Manager S. Gustayson. �- f_11 M IloxQ IS 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 declared a conflict of interest with respect to the following: - Council Agenda Item (C) (i) regarding the Court of Revision — Taylor Drain Branch "D". - Council Agenda Item (C) (ii) regarding the Court of Revision — Hansebout Drain Extension 2020. - Council Agenda Item (D) (ii) Petition for Drainage — Valance. - Council Agenda Item (D) (ii) Petition for Drainage — Dohner. The nature of the conflict being that a Junior Partner at Spriet Associates is an immediate relative of his. Councillor Glinski declared a conflict of interest with respect to Council Agenda Item (D) (ii) Petition for Drainage — Dohner. The nature of the conflict being that he is an assessed property owner on the Dohner Drain. MINUTES: No. 20-194 Moved by: Rick Cerna Seconded by: Max Moore THAT the minutes of the regular meeting of the Council held on May 21, 2020 be 4D adopted as printed and circulated. Carried. 20-112 PRESENTATIONS/DELEGATIONS/PETITIONS: Court of Revision — Taylor Drain — Branch "D" Councillor Widner declared a conflict of interest with respect to Council Agenda Item (C) (i) and (ii) relating to Spriet Associates, retired from the meeting, and abstained from all discussions and voting on the matter. No. 20-195 Moved by: Scott Lewis Seconded by: Rick Cerna THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the Taylor Drain — Branch "D": Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguere Councillor Chester Glinski. Carried. No. 20-196 Moved by: Chester Glinski Seconded by: Dominique Giguere THAT the Court of Revision for the Taylor Drain — Branch "D" be called to order at 7:35 p.m. AND THAT Dave Mennill be appointed Chairman. Carried. The Drainage Engineer, John M. Spriet, of Spriet Associates, briefly outlined the nature of the proposed drainage works and the related Assessment Schedule. Chair Mennill inquired if any written comments/objections had been received and was advised that there were none. Chair Mennill asked if any of the Court of Revision Members had any questions or comments for the Engineer. In response to an inquiry from Councillor Glinski, the Engineer confirmed that the actual construction costs were prorated based on the assessment schedule. The Engineer also clarified that the drain construction was being paid for by the Petitioner as it was a condition of a severance. No. 20-197 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision members for the Taylor Drain — Branch "D" do hereby accept the recommendations of Drainage Engineer John M. Spriet, of Spriet Associates; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer, dated April 1, 2020. Carried. No. 20-198 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision relating to the Taylor Drain — Branch "D" be adjourned and the Council Meeting reconvene at 7:37 p.m. Carried. 20-113 No. 20-199 Moved by: Chester Glinski Seconded by: Max Moore THAT the tender for the Taylor Drain — Branch "D" be awarded to Brown's Enterprises, in the amount of $9,310.00; subject to the expiration of all appeal periods and subject to no appeals having been received related to the Taylor Drain — Branch "D". 40 Carried. The Engineer, John M. Spriet, retired from the meeting. Court of Revision — Hansebout Drain Extension 2020 No. 20-200 Moved by: Rick Cerna Seconded by: Scott Lewis THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the Hansebout Drain Extension 2020: Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguere Councillor Scott Lewis. Carried. No. 20-201 Moved by: Scott Lewis Seconded by: Dominique Giguere THAT the Court of Revision for the Hansebout Drain Extension 2020 be called to order at 7:40 p.m. AND THAT Dave Mennill be appointed Chairman. Carried. The Drainage Engineer, Mike DeVos, of Spriet Associates, briefly outlined the nature of the proposed drainage works and the related Assessment Schedule. Chair Mennill inquired if any written comments/objections had been received and the Deputy Clerk advised that one comment was received from Jeremy Heatley requesting clarification of his assessment. Mr. Heatley was advised by the Municipal Staff that his assessment was $30.00 as stated in Section C of the Engineer's Report. Chair Mennill asked if any of the Court of Revision Members had any questions or comments for the Engineer and there were none. No. 20-202 Moved by: Dominique Giguere Seconded by: Scott Lewis do THAT the Court of Revision members for the Hansebout Drain Extension 2020 do hereby accept the recommendations of Drainage Engineer M. P. DeVos, of Spriet Associates; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer, dated January 29, 2020. Carried. 20-114 No. 20-203 Moved by: Dominique Giguere Seconded by: Scott Lewis THAT the Court of Revision relating to the Hansebout Drain Extension 2020 be adjourned and the Council Meeting reconvene at 7:43 p.m. Carried. No. 20-204 Moved by: Rick Cerna Seconded by: Scott Lewis THAT the Municipal Staff be directed to request quotations for the construction of the Hansebout Drain Extension 2020; it being noted that no bids were received in response to the previous call for tenders. Carried. The Engineer, Mike DeVos, retired from the meeting. Councillor Widner resumed his seat in the videoconference meeting. Director of Physical Services - Springfield Sewer Collection System: 2019 Performance Report No. 20-205 Moved by: Chester Glinski Seconded by: Max Moore THAT Report No. PS-20-12 entitled "Springfield Sewer Collection System: 2019 Performance Report" be received. Carried. - Photo Radar Speed Enforcement No. 20-206 Moved by: Scott Lewis Seconded by: Max Moore THAT Report No. PS-20-18 entitled "Photo Radar Speed Enforcement" be received; AND THAT no action be taken at this time regarding the implementation of Photo Radar Speed Enforcement; - Implication of Community Safety Zones In response to several inquiries from the Council regarding the implementation of a Community Safety Zone in the Amish Settlement Area, a reduction of speed to 60 km per hour, and the installation of flashing lights on the entrance signs to the Settlement Area, the Director of Physical Services indicated that, before adopting additional measures, he would like to assess whether or not the newest safety precautions that were recently approved (additional safety signage and roadside mowing) had addressed the previous IN 20-115 safety concerns. The Director also suggested that further consultation with the Ontario Provincial Police should be undertaken to ensure that flashing lights on the entrance signs do not pose a concern for the OPP, as flashing lights on roadside signage do not follow Ministry of Transportation regulations. Following some discussion by the Council Members, the CAO/Clerk advised that a by-law would be required if the Council wished to implement a Community Safety Zone and reduce the speed limit from 80 km/hr to 60 km/hr in the Amish Settlement Area. AND THAT, notwithstanding the recommendation of the Director of Physical Services, the Municipal Staff be directed to prepare the necessary documentation to enable the implementation of a Community Safety Zone throughout the Amish Settlement Area; as well as a reduction in the speed limit from 80 km per hour to 60 km per hour; AND THAT, notwithstanding the recommendation of the Director of Physical Services, the Municipal Staff be directed to proceed with the installation of flashing lights on the large entrance signs to the Amish Settlement Area. Carried. - Petition for Drainage — Valance Petition Councillor Widner declared a conflict of interest with respect to Council Agenda Item (C) (i) and (ii) relating to Spriet Associates, retired from the meeting, and abstained from all discussions and voting on the matter. No. 20-208 Moved by: Rick Cerna Seconded by: Max Moore THAT Report No. PS-20-28 entitled "Petition for Drainage — Valance 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. - Petition for Drainage — Dohner Petition Councillor Glinski declared a conflict of interest with respect to Council Agenda Item (C) (ii) relating to the Dohner Petition, retired from the meeting, and abstained from all discussions and voting on the matter. No. 20-209 Moved by: Dominique Giguere Seconded by: Scott Lewis THAT Report No. PS-20-29 entitled "Petition for Drainage — Dohner 40 Petition" be received; AND THAT Mike Devos, P. Eng., of Spriet Associates Ltd., be appointed to prepare an Engineer's Report for this petition. Carried. Councillors Widner and Glinski resumed their seats in the Videoconference meeting. 20-116 - Change of Appointed Drainage Engineer — Various Drains No. 20-210 Moved by: Scott Lewis Seconded by: Chester Glinski THAT Report No. PS-20-30 entitled "Change of Appointed Drainage Engineer — Various Drains" be received. 0 Carried. Director of Development and Community Services - Site Plan Agreement — County of Elgin No. 20-211 Moved by: Scott Lewis Seconded by: Dominique Giguere THAT Report No. DCS-20-16 entitled "Site Plan Agreement — County of Elgin" be received; AND THAT the CAO/Clerk and Mayor be authorized to enter into a Site Plan Agreement with the County of Elgin for the lands located at PT LOT 86 AND 87 CON NTR, Township of Malahide, municipally known as 49462 (475) Talbot Line (Terrace Lodge); SUBJECT TO all of the conditions set out in this Report having been satisfied. Carried. - Site Plan Agreement — 1841591 Ontario Inc. No. 20-212 Moved by: Mark Widner Seconded by: Chester Glinski THAT Report No. DCS-20-17 entitled "Site Plan Agreement—1841591 Ontario Inc." be received; AND THAT the CAO/Clerk and Mayor be authorized to enter into a Site Plan Agreement with 1841591 Ontario Inc. relating to the lands located PT LOT 11 CON 9, Township of Malahide, municipally known as 11766 Imperial Road; SUBJECT TO all of the conditions set out in this Report having been satisfied. Carried. - Site Plan Agreement — Guenther Homes Inc. No. 20-213 Moved by: Max Moore Seconded by: Rick Cerna THAT Report No. DCS-20-18 entitled "Site Plan Agreement — Guenther Homes Inc." be received; 40 AND THAT the CAO/Clerk and Mayor be authorized to enter into a Site Plan Agreement with Guenther Homes Inc., relating to the lands located PT LOT 15 CON 8, Township of Malahide; SUBJECT TO all of the conditions set out in this Report having been satisfied. Carried. 20-117 No. 20-214 Moved by: Dominique Giguere Seconded by: Rick Cerna THAT the Town of Fort Erie resolution requesting support for high speed internet connectivity in rural Ontario be supported. Carried. No. 20-215 Moved by: Dominique Giguere Seconded by: Rick Cerna THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated May 21 and 28, 2020. 2. City of Cambridge — Resolution requesting the Province to provide funding for rehabilitation facilities and programs. 3. City of Kitchener — Resolution requesting Province to pursue a partnership with the Federal Government for the establishment of a universal basic income. 4. City of Brantford — Resolution requesting Federal, Provincial, and Municipal Governments to proclaim March 17 as Essential Workers Day. 5. Town of Aylmer — Notice of Virtual Public Meeting regarding an application for Zoning By-law Amendment relating to the property at 50- 52 Victoria Street South, Aylmer. Carried. OTHER BUSINESS: - Update re Re -opening of Municipal Facilities In response to an inquiry from Deputy Mayor Giguere requesting an update on the status of municipal facilities in Port Bruce, the Chief Administrative Officer advised that the beach areas and the washrooms at the Provincial Park remain closed at this time, however, the Port Bruce Pier will be re -opening on June 5tn for fishing and walking. The CAO advised that all actions related to municipal facilities are being made in consultation with the Southwestern Public Health, including re -opening the pavilion and washrooms in Wonnacott Park, and the basketball courts at the Provincial Park. The CAO advised that signage has been installed at all facilities to encourage applicable safety measures such as social distancing and hand hygiene. - Speeding in Village of Springfield Councillor Moore advised that he had received complaints from Springfield Residents regarding speeding vehicles on Springfield Road, Ron McNeil Line, and Broadway Street. The Municipal Staff was asked to contact the OPP to request increased enforcement in these areas of Springfield. - Grass Cutting in Springfield Parks Councillor Moore advised that he had received a complaint regarding the grass cutting in Memorial Park in Springfield. The Chief Administrative Officer advised that Municipal Staff were aware of the concerns regarding the grass cutting in the park and noted that the current contract states that the park grass is cut once a week. The Deputy Mayor asked that the Council consider, during the 2021 Budget deliberations, an enhanced level of service for Memorial Park in the Spring. 20-118 - Former Springfield Gas Station Property on Ron McNeil Line In response to a complaint from Councilor Moore, the Director of Development and Community Services advised that the former Springfield Garage property is now privately owned. However, the Director indicated that he would contact the new owner to ask that they undertake more frequent grass cutting. - Aylmer Pool Closure 0 The Chief Administrative Officer responded to an inquiry from Councillor Cerna advising that the Town of Aylmer has decided not to open the Aylmer Pool in 2020. The GAO advised that the Township's 2020 Budget does include an allocation of $30,000 as a contribution towards pool operations. As such, the Township will realize some budget savings. - Port Bruce Pier Project Status The Director of Development and Community Services responded to an inquiry from Councillor Widner regarding status of the Port Bruce Pier Rehabilitation Project. The Director advised that the project is substantially completed with the exception of the installation of the safety ladders. He noted that the Contractor placed rock between the benches along the breakwall as they were experiencing washout from wave action and high water when smaller fill was used. However, this was causing difficulty for pedestrians when attempting to cross over the rock area to get to a bench. The Director advised that he would discuss with the Contractor the possibility of adding a some smoother access points. The Director responded to an inquiry from Deputy Mayor Giguere regarding the existence of a Contractor warranty if the materials used were not sufficient as well as if there was damage to the ladders by ice break-up as they were not being recessed into the pier. The Director noted it was difficult to retrofit an existing structure and that if the ladders failed it would be a problem with the design and not a Contractor issue. - Harvest Bowl Project Update Councillor Widner reported that, through the help of local volunteers, the Harvest Bowl Project had prepared another 1,600 packages of soup mix at the South Dorchester Community Hall (SDCH). He indicated that Harvest Bowl organizers were very appreciative of the opportunity to proceed with this initiative at the SDCH. BY-LAWS: - By-law No. 20-34 — Incorporate Parcels into Roads System No. 20-216 Moved by: Rick Cerna Seconded by: Max Moore THAT By-law No. 20-34, being a By-law to incorporate a parcel on Newell Road as part of the public highways, be given first, second, and third readings, and be properly signed and sealed. Carried. 40 - By-law No. 20-37 — 2020 Tax Rates and Levies No. 20-217 Moved by: Dominique Giguere Seconded by: Scott Lewis THAT By-law No. 20-37, being a By-law to set the 2020 tax rates and levies, be given first, second, and third readings, and be properly signed and sealed. Carried. klls tt - By-law No. 20-38 — Duncor Enterprises Agreement — Surface Treatment No. 20-218 Moved by: Mark Widner Seconded by: Chester Glinski THAT By-law No. 20-38, being a By-law to authorize the execution of an Agreement with Duncor Enterprises Inc. for the supply and placement of Micro Surfacing and Surface Treatment, be given first, second, and third readings, and be properly signed and sealed. Carried. - By-law No. 20-36 — Site Plan Agreement — County of Elgin No. 20-219 Moved by: Dominique Giguere Seconded by: Mark Widner THAT By-law No. 20-36, being a By-law to authorize the execution of a Site Plan Agreement with the County of Elgin (Terrace Lodge), be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 20-39 — Site Plan Agreement — 1841591 Ontario Inc. No. 20-220 Moved by: Rick Cerna Seconded by: Scott Lewis THAT By-law No. 20-39, being a By-law to authorize the execution of a Site Plan Agreement with the 1841591 Ontario Inc. (Guenther Trucking), be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 20-40 — Site Plan Agreement — Guenther Homes Inc. No. 20-221 Moved by: Chester Glinski Seconded by: Max Moore THAT By-law No. 20-40, being a By-law to authorize the execution of a Site Plan Agreement with the Guenther Homes Inc., be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 20-41 — Deferral of Interest and Penalties on Property Taxes No. 20-222 Moved by: Scott Lewis Seconded by: Rick Cerna THAT By-law No. 20-41, being a By-law to defer the imposition of all new penalties and interest on property taxes until September 15, 2020, be given first, second and third readings, and be properly signed and sealed. Carried. CLOSED SESSION: No. 20-223 Moved by: Mark Widner Seconded by: Scott Lewis THAT Council move into Closed Session at 8:55 p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discuss a labour relations or employee negotiations matter relating to staffing in response to COVID-19 pandemic. 0 Carried. No. 20-224 Moved by: Max Moore Seconded by: Scott Lewis THAT Council move out of Closed Session and reconvene at 9:20 p.m. in order to continue with its deliberations. Carried. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a Labour Relations or Employee Negotiations matter relating to staffing in response to COVID-19 pandemic. There is nothing further to report. Leis]ki131117► No. 20-225 Moved by: Rick Cerna Seconded by: Scott Lewis THAT By-law No. 20-35, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. /_\ big Lei II I► ►�1 ail � � � No. 20-226 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Council adjourn its meeting at 9:21 p.m. to meet again on June 18, 2020, at 7:30 p.m. Carried. ayor — D. Mennill CAO/Clerk — M. Casavecchia-Somers 40