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Regular Council Minutes - 2020/07/09 20-128 The Corporation of the Township of Malahide July 9, 2020 — 7:30 p.m. The Malahide Township Council met via videoconference. The Manager of Information Technology, Councillor Lewis, 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 Members via Videoconference: Mayor D. Mennill, Deputy Mayor D. Giguere, Councillor R. Cerna, Councillor C. Glinski (8:25 p.m.), Councillor M. Moore, and Councillor M. Widner. Council Members present in Council Chamber: Councillor S. Lewis. Staff present in Council Chamber: Manager of Information Technology C. Coxen and Deputy Clerk D. Wilson. Staff via Videoconference: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Development and Community Services E. DiMeo, Director of Physical Services M. Sweetland, Director of Financial Services A. Mohile, and Drainage Superintendent B. Lopez. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTEREST and the General Nature thereof: No Declarations of Pecuniary Interest were declared. MINUTES: No. 20-242 Moved by: Rick Cerna Seconded by: Max Moore THAT the minutes of the regular meeting of the Council held on June 18, 2020 be adopted as printed and circulated. Carried. PRESENTATIONS/DELEGATIONS/PETITIONS: - 2019 Audited Financial Statements for the East Elgin Community Complex, as presented by Auditor Christene Scrimgeour, of Scrimgeour& Company Chartered Accountants. Auditor Christene Scrimgeour, of Scrimgeour & Company Chartered Accountants, appeared before the Council to present the 2019 Audited Financial Statements for the East Elgin Community Complex. Ms. Scrimgeour reviewed the Audited 2019 Financial Statements and advised that it was a clean audit opinion with no material problems and internal controls are in place. She 20-129 noted that all transactions continue to flow through the Town of Aylmer Finance Department. She reviewed cash flow, accumulated surplus, statement of operations, budget, and tangible capital assets. Ms. Scrimgeour noted that the budget may be quite different for 2020 as a result of the closure of the EECC due to the COVID-19 pandemic. No. 20-243 Moved by: Scott Lewis Seconded by: Mark Widner THAT the 2019 Audited Financial Statements for the East Elgin Community Complex, as prepared by Scrimgeour & Company Chartered Accountants, and presented by Auditor Christene Scrimgeour, be approved as submitted. Carried. The Mayor thanked Ms. Scrimgeour for her presentation and she retired from the meeting. - 2019 Audited Financial Statements, as presented by Auditor Robert Foster, of Graham Scott Enns. Auditor Robert Foster, of Graham Scott Enns, appeared before the Council to present the Audit Findings Letter, dated July 9, 2020, as well as the Audited 2019 Financial Statements for the Township of Malahide. The Auditor indicated that the financial statements present fairly, in all material respects, and all testing shows the accounts to be in order. Mr. Foster reviewed the Audited 2019 Financial Statements and highlighted the Statement of Financial Position (balance sheet), Gas Tax Revenue, Reserves, Investments, Receivables, Liabilities, Operating and Accumulated Surplus, Change in Net Financial Assets, Statement of Cash Flows, Long Term Debt, Reserves and Tangible Capital Assets, Long Term Liabilities, Breakdown of Surplus Amounts, and Deferred Revenue. Mr. Foster advised the Council that the financial statements are consistent with prior years, reserves are normal, there is a good replacement of tangible assets, no concerns with any internal workings, and that it was a clean audit. Mr. Foster thanked the Malahide Financial Services Department for providing all necessary documentation, even during the COVID-19 pandemic, in order to allow for a timely completion of the audit. No. 20-244 Moved by: Rick Cerna Seconded by: Mark Widner THAT the 2019 Audited Financial Statements for The Corporation of the Township of Malahide, as prepared by Graham Scott Enns, and presented by Auditor Rob Foster, be approved as submitted; AND THAT the Mayor be authorized to sign the Audit Finding Letter from Graham Scott Enns, dated July 9, 2020, on behalf of the Malahide Township Council. Carried. The Mayor thanked Mr. Foster for his presentation and he retired from the meeting. 20-130 REPORTS: Director of Physical Services - Drainage Update Report No. 20-245 Moved by: Max Moore Seconded by: Dominique Giguere THAT Report No. PS-20-35 entitled "Drainage Update Report" be received. Carried. - Amish Settlement Area — Community Safety Zone Councillor Widner requested that the Council consider adding that portion of College Line between Hacienda Road and Springfield Road to the Community Safety Zone. He noted that this area may not be used by the Amish community as frequently as some other areas, but that it is a regular route taken by runners from the Ontario Police College. The Council agreed to add this section of road to the Community Safety Zone and reduced speed limit area. The Municipal Staff was also directed to advise the OPP to enforce this area for speeding after the signage has been placed and the County of Elgin has approved the applicable section of County Road for inclusion in the community safety zone. No. 20-246 Moved by: Mark Widner Seconded by: Scott Lewis THAT Report No. PS-20-36 entitled "Amish Settlement Area — Community Safety Zone" be received; AND THAT the Municipal Staff be directed to proceed with the installation of a Community Safety Zone and a Reduced Speed Zone on that portion of Glencolin Line, between Springfield Road North and Springfield Road South; SUBJECT TO approval being granted by the County of Elgin; AND THAT the Municipal Staff be directed to petition the County to install a Community Safety Zone and a Reduced Speed Zone on that portion of Glencolin Line, between Springfield Road North and Springfield Road South; it being noted that the establishment and future maintenance of such zones will be at the Township's expense. Carried. Director of Development and Community Services - Severance Application El 1/20 - Report No. 20-247 Moved by: Scott Lewis Seconded by: Max Moore THAT Report No. DCS-20-20 Entitled "Severance Application E11/20" be received; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Carried. 20-131 - Severance Application El 1/20 - Conditions No. 20-248 Moved by: Scott Lewis Seconded by: Max Moore THAT the Malahide Township Council has no objection to the Land Severance No. E11/20 in the name of Bill Reymer, relating to the property located at Part Lots 85, 86, 87 and 88, Concession South Talbot Road, Geographic Township of Malahide, subject to the following conditions: (i) 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. (iv) That all applicable property taxes, municipal fees, and charges be paid to the Municipality prior to the stamping of the deeds. (v) That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. Carried. - Severance Application E15/20 — Report No. 20-249 Moved by: Dominique Giguere Seconded by: Rick Cerna THAT Report No. DCS-20-21 Entitled "Severance Application E15/20" be received; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Carried. - Severance Application E15/20 - Conditions No. 20-250 Moved by: Dominique Giguere Seconded by: Rick Cerna THAT the Malahide Township Council has no objection to the Land Severance No. E15/20 in the name of Kenneth, Mary and Anthony Stover, relating to the property located at Part Lots 28 and 29, Concession 3, Geographic Township of Malahide, subject to the following conditions: 20-132 (i) 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. (ii) 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. iii Confirmation thatprivate sewage system be confined entirelywithin (iii) 9 Y 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. Carried. Director of Financial Services - Financial Report to June 2020 Councillor Glinski joined the meeting at 8:25 p.m. No. 20-251 Moved by: Rick Cerna Seconded by: Dominique Giguere THAT Report No.FIN-20-12 entitled "Financial Report to June 2020" be received. Carried. - 2019 Annual Report No. 20-252 Moved by: Mark Widner Seconded by: Chester Glinski THAT the 2019 Annual Report, as submitted by the Director of Finance, be received. Carried. CORRESPONDENCE: No. 20-253 Moved by: Max Moore Seconded by: Rick Cerna THAT the County of Elgin correspondence requesting support of the Western Ontario Warden's Caucus in advocating for the region's fair share of the CRTC's $750M Broadband Fund be supported. Carried. No. 20-254 Moved by: Max Moore Seconded by: Rick Cerna THAT the County of Elgin correspondence to Elgin-Middlesex-London MPP, Elgin- Middlesex-London MP, Federal Minister of Finance, Provincial Minister of Finance, 20-133 advocating for stable Federal Transfer Payments to Canadian Municipalities in 2021 be supported. Carried. No. 20-255 Moved by: Max Moore Seconded by: Rick Cerna THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated June 18, June 25, and July 2, 2020. 2. Township of Lake of Bays, County of Grey, and Municipality of West Elgin — Resolution supporting High Speed Internet Connectivity in rural Ontario. (Malahide Township supported a similar resolution on June 4, 2020.) 3. Municipality of Mississippi Mills — Resolution requesting Federal and Provincial Governments to include rural broadband investment as part of economic recovery shovel-ready projects for municipalities. 4. Municipality of Grey Highlands and Municipality of West Elgin — Resolution supporting Provincial and Federal Governments to work together to investigate the feasibility of implementing a universal basic income program. 5. Town of Renfrew — Resolution requesting Provincial and Federal Governments to fast track "Investing in Canada Infrastructure Program" grant applications. 6. City of Sarnia — Resolution requesting Province to implement changes in Long Term Care Homes, including labour hours, inspections, and ending neglect and unacceptable conditions. 7. Town of Kingsville — Resolution requesting the Provincial Government to expand their Rent Assistance Program to include all businesses in a lease agreement within all "residential-above-commercial" properties without a cap on commercial/residential ratio. 8. Town of Aylmer— Correspondence and Report regarding Service Delivery Review participation and decisions regarding Shared Services. 9. Ministry of Municipal Affairs and Housing — Correspondence regarding extension of Municipal Modernization Program deadlines. 10.Ministry of Municipal Affairs and Housing — Correspondence advising the temporary suspension of the Planning Act timelines ends on June 22, 2020. 11.Aylmer Cemetery Board — Thank you for municipal grant. 12.Municipality of Central Elgin — Notice of Application for Zoning By-law Amendments relating to the following properties: - 5013 Yarmouth Centre Road. - 43099 Ron McNeil Line. - 44222 Sparta Line. 13.Town of Aylmer— Notice of Passing of Zoning By-law Amendment relating to property at 50-52 Victoria Street South. 20-134 14.County of Elgin — Land Division Committee — Notice of Expiry of Appeal Period for Severance Application #6/20 (Norman and Beverly Stansell) relating to property at Lots 28 and 29, Concession 6. 15.Elgin Area Primary Water Supply System — Financial Statements and Independent Auditors' Report— Year ended December 31, 2019. Carried. 1/4446160- OTHER BUSINESS: - Old Colony Mennonite Church — COVID-19 Concerns Councillor Cerna noted the recent news article in the Aylmer Express regarding a COVID- 19 issue at a funeral held recently at the Old Colony Mennonite Church. Councillor Cerna questioned if Southwestern Public Health could provide additional messaging about the recommendation to wear face coverings and also provide more safety messages regarding COVID-19. The Mayor advised that he would be participating in a teleconference meeting with Southwestern Public Health on July 10, 2020 and would pass along the Councillor's concerns. - Value Added Business on Farms In response to an inquiry from Councillor Widner regarding allowing Value-Added Businesses on an Agricultural property, the Chief Administrative Officer advised that the Township Planners are currently working on the Background Study for the Township's next Official Plan Review and that the Councillor's request would be forwarded to the Planners for further consideration. The Director of Development and Community Services noted that the County of Elgin is the approval authority agent for the Official Plan. He noted that the County is very progressive but that the Township does have to follow the County polices in this regard. The Director advised that if the Council Members have examples from other municipalities where such value-added business are permitted, they can be provided to the Planners to use as models to add policies to the Official Plan. The Mayor noted that the Director of Development and Community Services, Eugenio DiMeo, has taken at job at the County of Elgin after almost 20 years with the Township. On behalf of the Council, the Mayor thanked him for his service, wished him the best in his future endeavors, and indicated that he looked forward to working with him at the County level. - Port Bruce Mobility Mats The Mayor noted that, with the help of MPP Jeff Yurek and the new local Parks Superintendent, permission was received to place the remainder of the mobility mats in the naturalized area of the Port Bruce Provincial Park beach. - EECC Operating and Capital Projects Update No. 20-256 Moved by: Scott Lewis Seconded by: Chester Glinski THAT the Town of Aylmer Report CAO-55-20 entitled "EECC Operating and Capital Projects Update" be received; AND THAT Malahide Township Council does hereby support the EECC Staff being authorized to install ice in the Kinsmen arena mid-August in order to be prepared for ice rentals anticipating the gradual Provincial reopening strategies will support 20-135 recreational activities, it being noted that ice rentals will occur only when permitted by Provincial orders. Carried. BY-LAWS: - By-law No. 20-43 — Amish Settlement Area No. 20-257 Moved by: Rick Cerna Seconded by: Max Moore THAT By-law No. 20-43, being a By-law to prescribe a speed limit of 60 km/hour on certain roads in the Amish Settlement Area, as amended to add that portion of College Line between Hacienda Road and Springfield Road to the Community Safety Zone, be given first, second and third readings, and be properly signed and sealed. Carried. - By-law No. 20-44 — Community Safety Zone — Amish Settlement No. 20-258 Moved by: Rick Cerna Seconded by: Mark Widner THAT By-law No. 20-44, being a By-law to designate a Community Safety Zone in an Amish Settlement, as amended to add that portion of College Line between Hacienda Road and Springfield Road to the Community Safety Zone, be given first, second and third readings, and be properly signed and sealed. Carried. • CLOSED SESSION: No. 20-259 Moved by: Max Moore Seconded by: Mark Widner THAT Council move into Closed Session at 9:20 p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discuss a Labour Relations or Employee Negotiations and/or Personal Matters about an identifiable individual, including municipal or local board employees, relating to staffing in Development and Community Services Department. Carried. No. 20-260 Moved by: Max Moore Seconded by: Mark Widner AD THAT Council move out of Closed Session and reconvene at 9:45 p.m. in order to continue with its deliberations. Carried. 20-136 No. 20-261 Moved by: Rick Cerna Seconded by: Scott Lewis THAT, effective July 18, 2020, Building and Bylaw Enforcement Manager Scott Sutherland be appointed, on an interim basis, as the Chief Building Official (CBO) for the Township of Malahide. Carried. CONFIRMATORY: No. 20-262 Moved by: Scott Lewis Seconded by: Max Moore THAT By-law No. 20-46, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 20-263 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Council adjourn its meeting at 9:46 p.m. to meet again on July 23, 2020, at 7:30 p.m. Carried — D. Mennill Clerk - M. Casavecchia-Somers