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Regular Council Agenda - 2020/09/03 The Corporation of the Township of Malahide A G E N D A September 3, 2020 7:30 p.m. Springfield & Area Community Services Building 51221 Ron McNeil Line, Springfield ** Note: Due to the COVID-19 situation, this meeting will be held electronically via videoconference.** (A) Disclosure of Pecuniary Interest (B) Approval of Previous Minutes RES 1 and 2 (Pages 8 - 29) (C) Presentations/Delegations/Petitions (i) Meeting to Consider Underhill Drain relating to Part Lots 16 and 17, Concession 4, Geographic Township of Malahide. RES 3 - 5 (Pages 30 - 31) (ii) Public Meeting Minor Variance Application of Marty Shain relating to property at Part Lot 12, Concession 10, Geographic Township of South Dorchester, municipally known as 57 Poplar Avenue, Lyon Mobile Home Park. RES 6 8 (Pages 32 - 39) (D) Reports of Departments (i) Director of Fire & Emergency Services (ii) Director of Physical Services - Postponement of Court of Revision - Taylor Drain Branch C. RES 9 - Postponement of Court of Revision S. Ryan Drain Branch B. RES 10 - Postponement of Court of Revision County Road 24 Drain Branch A. RES 11 -Postponement of Court of Revision Fuller Drain Branch B & C. RES 12 (iii) Director of Development & Community Services (iv) Director of Financial Services/Treasurer (iv) CAO/Clerk (E) Reports of Committees/Outside Boards RES 13 (i) Council Remuneration Review Committee Draft Minutes August 25, 2020. (Pages 40 - 42) (F) Correspondence RES 14 1. Association of Municipalities of Ontario - Watch File dated August 13, 20, and 27, 2020. (Pages C3 - 9) 2. Town of Amherstburg, City of Elliot Lake, Township of Huron-Kinloss, City of Owen Sound, Town of Fort Erie Resolution requesting (Pages C10 - 18) 3. Municipality of West Grey Resolution undertaking to actively work towards anti-racism and anti-oppression at every opportunity beginning with annual training for Council, Committee Members, and Employees for anti-racism, anti-oppression, diversity and inclusion, and the history of Aboriginal peoples. (Page C19 - 20) 4. City of St. Catharines Resolution to support the City of Toronto in legal challenges of Amendments made under Bill 184, Section 83, relating to evictions. (Pages C21 - 22) 5. Township of Huron-Kinloss Resolution supporting Township of Mapleton requesting Province to undertake a review of the Farm Property Tax Class Rate Program. (Pages C23 - 24) 6. Town of Gore Bay Resolution requesting Ontario Government to provide funding to increase full-time positions in place of casual and part time labour in long term care homes and complete regular inspections. (Malahide Township supported a similar Resolution on August 13, 2020.) (Page C25 - 26) 7. Town of Gore Bay Resolution supporting the City of Oshawa requesting help for local municipalities to assist their local social cultural, service clubs and children/youth minor sporting organizations with funding programs because of detrimental effects of COVID 19. (Pages C27 - 28) 8. Town of Mono Correspondence regarding Investment in Rural Broadband Infrastructure. (Malahide Township Council supported the Investment in Rural Broadband Infrastructure at its meeting on July 9, 2020). (Page C29 - 30) 9. Port Bruce Ratepayers Association Correspondence thanking the Township of Malahide for supporting their community. (Page C31) 10. Ministry of Transportation Safety Program Development Branch Correspondence setting up new regulatory framework which sets out rules to govern school bus stop arm camera programs. (Pages C32 - 34) 11. Elgin County Land Division Committee correspondence regarding the following severance applications: E22-20 David and Jaqueline Fehr relating to property at 53250 College Line deferral to September 23, 2020. (Page C35) E15-20 Kenneth, Mary and Anthony Stover relating to property at 52371 Calton Line expiration of appeal period. (Page C36) E11-20 Bill Reymer relating to property at 140 Elk Street and 49639 Talbot Line expiration of appeal period. (Page C37) E23-20 Dohner Farm Ltd. relating to property at 53233 Nova Scotia Line Notice of Decision. (Pages C38 - 40) (G) Other Business (H) By-laws (i) By-law No. 20-57 Authorize the execution of an Agreement with Coldstream Concrete Ltd. for culverts for Pressey Line. RES 15 (Pages 43 - 45) (I) Closed Session RES 16 and 17 (i) A Labour Relations or Employee Negotiations Matter relating to staffing of the Development & Community Services Department. (J) Confirmatory By-law RES 18 (Page 46) (K) Adjournment RES 19 **VIDEOCONFERENCE MEETING Note for Members of the Public: In order to respect the State of Emergency declared by the County of Elgin and Township of Malahide and not hold large public gatherings, please note that the Regular Council Meeting scheduled to be held on September 3, 2020 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 5 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 Councilheld on August 13, 2020 be adopted as printed and circulated. 2.THAT the minutes of the special meeting of the Council held on August 18, 2020 be adopted as printed and circulated. 3. Blueplanand dated August 4 2020, be accepted; AND THAT By-law No. 20-54,being a by-law to provide for the Underhill Drain drainage works,be read a first and second time and provisionally adopted. 4.THAT the Court of Revision for the Underhill Drain be scheduled to be held on October 1, 2020 at 7:30 p.m. 5.THAT the tenders for the construction of the Underhill Drain be requested for September 24, 2020 at 11:00 a.m. 6.THAT the Committee of Adjustment for the Township of Malahide be called to order at ______p.m. and that Mayor Dave Mennill be appointed Chairperson for 7.THAT Report No. DCS-20-57 Poplar Avenue - AND THAT, notwithstanding that Section 6.2.1 of Zoning By-law No. 18-22 states that accessory buildings are not to exceed 20 square metres (215 square feet) for lands in the Mobile Home (MH) Zone, the Minor Variance Application of Marty Shain relating to the property located at 57 Poplar Avenue -13570 Imperial Road, to allow relief for the construction of an accessory building on the subject lot which is proposed to have a total floor area of approximately 46.8 square metres (504 square feet), be granted. 8.THAT the Committee of Adjustment for the Township of Malahide be adjourned and theCouncil meeting reconvene at _____p.m. 6 9.THAT the Court of Revision for the Taylor Drain Branch C be postponed to September 17, 2020. 10.THAT the Court of Revision for the S. RyanDrain Branch Bbe postponed to September 17, 2020. 11.THAT the Court of Revision for the County Road No. 24 Drain Branch A be postponed to September 17, 2020. 12.THAT the Court of Revision for the FullerDrain Branch B & Cbe postponed to September 17, 2020. 13.THAT the following Reports of Committees/Outside Boards be noted and filed: (i)Council Remuneration Review Committee Draft Minutes August 25, 2020. 14.THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated August 13, 20, and 27, 2020. 2.Town of Amherstburg, City of Elliot Lake, Township of Huron-Kinloss, City of Owen Sound, Town of Fort Erie Resolution requesting support for the designation of August 1 of ev 3.Municipality of West Grey Resolution undertaking to actively work towards anti-racism and anti-oppression at every opportunity beginning with annual training for Council, Committee Members, and Employees for anti-racism, anti-oppression, diversity and inclusion, and the history of Aboriginal peoples. 4.City of St. Catharines Resolution to support the City of Toronto in legal challenges of Amendments made under Bill 184, Section 83, relating to evictions. 5.Township of Huron-Kinloss Resolution supporting Township of Mapleton requesting Province to undertake a review of the Farm Property Tax Class Rate Program. 6.Town ofGore Bay Resolution requesting Ontario Government to provide funding to increase full-time positions in place of casual and part time labour in long term care homes and complete regular inspections. (Malahide Township supported a similar Resolution on August 13, 2020.) 7 7.Town of Gore Bay Resolution supporting the City of Oshawa requesting help for local municipalities to assist their local social cultural, service clubs and children/youth minor sporting organizations with funding programs because of detrimental effects of COVID 19. 8.Town of Mono Correspondence regarding Investment in Rural Broadband Infrastructure. (Malahide Township Council supported the Investment in Rural Broadband Infrastructure at its meeting on July 9, 2020). 9.Port Bruce Ratepayers Association Correspondence thanking the Township of Malahide forsupporting their community. 10.Ministry of Transportation Safety Program Development Branch Correspondence setting up new regulatory framework which sets out rules to govern school bus stop arm camera programs. 11.Elgin County Land Division Committee correspondence regarding the following severance applications: E22-20 David and Jaqueline Fehr relating to property at 53250 College Line deferral to September 23, 2020. E15-20 Kenneth, Mary and Anthony Stover relating to property at 52371 Calton Line expiration of appeal period. E11-20 Bill Reymer relating to property at 140 Elk Street and 49639 Talbot Line expiration of appeal period. E23-20 Dohner Farm Ltd. relating toproperty at 53233 Nova Scotia Line Notice of Decision. 15.THAT By-law No. 20-57 being a By-law to authorize the execution of an Agreementwith Coldstream Concrete Ltd. for two pre-cast concrete culverts on Pressey Line, be given first, second and third readings, and be properly signed and sealed. 16.THAT Council move into Closed Session at ______p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discussa Labour Relations or Employee Negotiations matter relating to staffing of the Development & Community Services Department. 17.THAT Council move out of Closed Session and reconvene at ______p.m. in order to continue with its deliberations. 18.THAT By-law No. 20-55,being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. 19.THATtheCounciladjournits meetingat _______ p.m.to meet again on September 17, 2020, at 7:30 p.m. 8 August 13, 2020 7:30 p.m. ________________________________________________________________ The Malahide Township Council met via videoconference. The Chief Administrative Officer/Clerkand 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. Giguère, Councillor R. Cerna, Councillor C. Glinski, Councillor M. Moore(7:46 p.m.),Councillor S. Lewis,and Councillor M. Widner. Staff present in Council Chamber:Chief Administrative Officer/Clerk M. Casavecchia-Somersand Deputy Clerk D. Wilson. Staff via Videoconference:Director of Physical Services M. Sweetland, Director of Financial Services A. Mohile, Director of Fire and Emergency Services B. Smith,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 INTERESTandthe General Nature thereof: Councillor Widner disclosed a pecuniary interest with respect to Council Agenda Items D (ii) regarding the Van RooijenDrainage Petition and the Drain Reassessment for the Simpson Drain. The nature of the conflict being that a Junior Partner at Spriet Associatesis an immediate relative of his. MINUTES: No. 20-264 Moved by:Rick Cerna Seconded by:Scott Lewis 9 THAT the minutes of the regular meeting of the Councilheld on July 9, 2020 be adopted as printed and circulated. Carried. PRESENTATIONS/DELEGATIONS/PETITIONS: -Public Meeting Zoning By-law Amendment, as submitted by Niholm Holsteins Ltd. (Jordan Vallance).,relating to property at Part Lot 3, Concession 11,Geographic Township of South Dorchester. No. 20-265 Moved by:Rick Cerna Seconded by:Chester Glinski THAT the Public Meeting concerning the Zoning By-law Amendment Application of NiholmHolsteins Ltd. (Jordan Vallance) relating to the property located at Lot 3, Concession 11, be called to order at 7:39p.m. Carried. Mayor Mennill advised that the purpose of this Public Meeting is to consider an application to amend the zoning of the subject property located at 51655 Lyons Line, being Part of Lot 3, Concession 11, fromGeneral Agricultural (A1) to Rural Residential (RR) and Special Agricultural (A2). Mayor Mennill asked the Deputy Clerk to advise and confirm on the method and date of notice given for this meeting. The Deputy Clerk advised that this public meeting was advertised in the Aylmer Express on July 22 and 29, 2020. In addition, affected property owners within 120 meters were sent a notice by prepaid first class mail that was posted at least twenty days prior to this meeting. Mayor Mennill requested the Chief Administrative Officer/Clerkto provide an overview of the application. The CAOadvised that the purpose of the proposed amendment is to change the zoning on a surplus farm dwelling lot proposed to be severed, which contains a single detached dwelling and two accessory buildings (described as a garage and a barn), from the General Agricultural (A1) Zone to the Rural Residential (RR) Zone, to permit the use of the proposed lot for residential purposes. The lot comprises an area of 5,997 square meters (1.5 acres), a frontage of 65.4 metres (215 feet) and a depth of 91.7 metres (301 feet). The zoning of the retained parcel, comprising of an area of 19.5 hectares (48.1 acres), a frontage of 235.6 metres (773 feet) and a depth of 653 metres (2,142 feet), is proposed to be changed from the General Agricultural (A1) Zone to the Special Agricultural (A2) zone to prohibit the construction of any new dwelling on the lot. The changein zoning is being requested to fulfil conditions of Application for Consent E87/19 granted by the County of Elgin Land Division Committee. 10 Neither the Applicant nor their agent was in attendanceand thus no additional informationwas provided. Mayor Mennill asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that correspondence has been received from the Catfish Creek Conservation Authority indicating no concerns. Mayor Mennill asked if any persons werein attendance that wished to make any comments regarding the application and there were none. Mayor Mennill advised that the Council will consider all comments received when making its final decision on the application. No. 20-266 Moved by:Mark Widner Seconded by:Scott Lewis THAT the Public Meeting relating to Zoning By-law Amendment Application of Niholm Holsteins Ltd. (Jordan Vallance) relating to the property located at Lot 3, Concession 11, be adjourned and the Council meeting reconvene at 7:42p.m. Carried. No. 20-267 Moved by:Mark Widner Seconded by:Chester Glinski THAT By-law No. 20-49,being a By-law to amend Zoning By-law No. 18-22 insofar as it relates to the property owned by Niholm Holsteins Ltd. (Jordan Vallance), located at Lot 3, Concession 11, be given first, second and third readings, and properly signed and sealed. Carried. -Meeting to Consider Drainage Engineer, Andrew Gilvesy, of CJDL Consulting Engineers, appeared before, dated July 6, 2020, rand outlined the nature of the proposed work. MayorMennill inquired if any personwas in attendance that wished to comment or askquestions 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. 11 No. 20-268 Moved by:Rick Cerna Seconded by:Scott Lewis THAT tDrain,as prepared by CJDL Consulting Engineersand dated July 6, 2020, be accepted; AND THAT By-law No. 20-50,being a by-law to provide for the TaylorDrain drainage works,be read a first and second time and provisionally adopted. Carried. Councillor Moore joined the videoconference at 7:46 p.m. No. 20-269 Moved by:Dominique Giguère Seconded by:Scott Lewis THAT the Court of Revision for the Taylor Drainbe scheduled to be held on September 3, 2020, at 7:30 p.m. Carried. No. 20-270 Moved by:Max Moore Seconded by:Rick Cerna THAT the tenders for the construction of the Taylor Drain requested for August 28, 2020, at 11:00 a.m. Carried. -Meeting to Consider S. RyanB Drainage Engineer, Andrew Gilvesy, of CJDL Consulting Engineers, appeared , dated July 6, 2020, regarding the S. Ryan Drain Branch and outlined the nature of the proposed work. MayorMennill inquired if any persons werein attendancethatwished to comment or askquestions 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. 12 No. 20-271 Moved by:Mark Widner Seconded by:Rick Cerna prepared by CJDL Consulting Engineersand dated July 6,2020, be accepted; AND THAT By-law No. 20-51,being a by-law to provide for the S. Ryan Drain ,be read a first and second time and provisionally adopted. Carried. No. 20-272 Moved by:Scott Lewis Seconded by:Dominique Giguère THAT the Court of Revision for the S. Ryan Drain scheduled to be held on September 3, 2020, at 7:30 p.m. Carried. No. 20-273 Moved by:Scott Lewis Seconded by:Rick Cerna THAT the tenders for the construction of the S. Ryan Drain requested for August 28, 2020, at 11:00 a.m. Carried. -Meeting to Consider County Road 24A Drainage Engineer, Andrew Gilvesy, of CJDL Consulting Engineers, appeared , dated July 8, 2020, rand outlined the nature of the proposed work. MayorMennill inquired if any personin attendance wished to comment or ask questions concerning the Drainage Report.In response to an inquiry from Councillor Widner, the Engineer confirmed that the drain would be placed on the north side of Dexter Line where there would be ample fall as the terrain was steep. 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. 13 No. 20-274 Moved by:Max Moore Seconded by:Chester Glinski prepared by CJDL Consulting Engineersand dated July 8, 2020, be accepted; AND THAT By-law No. 20-52,being a by-law to provide for the County Road 24 Drain ,be read a first and second time and provisionally adopted. Carried. No. 20-275 Moved by:Dominique Giguère Seconded by:Rick Cerna THAT the Court of Revision for theCounty Road 24 Drain scheduled to be held on September 3, 2020, at 7:30 p.m. Carried. No. 20-276 Moved by:Dominique Giguère Seconded by:Scott Lewis THAT the tenders for the construction of the County Road 24 Drain equested for August 28, 2020, at 11:00 a.m. Carried. -Meeting to Consider Fuller Drainage Engineer, Peter Penner, of CJDL Consulting Engineers, appeared , dated July 22, 2020, regardingthe Fuller Drain Branchand outlined the nature of the proposed work.The Engineer noted that this drain was initiatedas a result of the Township creating new lots inthe Industrial Park on Hacienda Road; and thus, the costsof such drain were the responsibility of the Township. MayorMennill inquired if any persons werein attendance that wished to comment or askquestions 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. 14 No. 20-277 Moved by:Scott Lewis Seconded by:Mark Widner prepared byCJDL Consulting Engineers and dated July 22, 2020, be accepted; AND THAT By-law No. 20-53,being a by-law to provide for the Fuller Drain ,be read a first and second time and provisionally adopted. Carried. No. 20-278 Moved by:Scott Lewis Seconded by:Max Moore THAT the Court of Revision for the Fuller Drain scheduled to be held on September 3, 2020, at 7:30 p.m. Carried. No. 20-279 Moved by:Dominique Giguère Seconded by:Chester Glinski THAT the tenders for the construction of the Fuller 24 Drain Carried. The Drainage Engineers retired from the meeting. REPORTS: Director of Fire and Emergency Services -Emergency Services Activity Report -June No. 20-280 Moved by:Chester Glinski Seconded by:Rick Cerna THAT Report No. F-20-07 15 Carried. -Emergency Services Activity Report -July No. 20-281 Moved by:Max Moore Seconded by:Scott Lewis THAT Report No. F20- Carried. Director of Physical Services -Tender Results: Pressey Line Culvert Supply and Delivery No. 20-282 Moved by:Max Moore Seconded by:Scott Lewis THAT Report No. PS-20-41 AND THAT the PresseyLine Culvert Supply and Delivery be awarded to Coldstream Concrete Ltd.,in the amount of $380,285.30 (plus HST); AND THAT the Mayor and Clerk be authorized to enter into an agreement with Coldstream Concrete Ltd., of Ilderton, Ontario, for the purpose of the supply and delivery of two Precast Concrete Culverts for Pressey Line. Carried. -Petition for Drainage Van Rooijen Petition Councillor Widner declared a conflict of interest with respect to Council Agenda Item D (ii) relating to Petition for Drainage Van Rooijen Petition, and Drainage Report Re-assessment Simpson Drain, retired from the meeting and abstained from all discussions and voting on the matter. No. 20-283 Moved by:Chester Glinski Seconded by:Rick Cerna THAT Report No. PS-20-Van Rooijen Petitionbe received; AND THAT John M. Spriet, P. Eng., of Spriet Associates Ltd., be appointed 16 that the Petitioner is requesting that this petition to be incorporated into new branch of the W. Shively Drain. Carried. -Drain Report Re-assessment: Simpson Drain No. 20-284 Moved by:Dominique Giguère Seconded by:Scott Lewis THAT Report No. PS-20-Drain Report Re-assessment: Simpson Drain AND THAT Mike DeVos, P. Eng., of SprietAssociates, be appointed to -assessment of the Simpson Drain. Carried. Councillor Widner resumed his seat in the Videoconference. Development and Community Services -Severance Application E22/20 -Report No. 20-285 Moved by:Rick Cerna Seconded by:Mark Widner THAT Report No. DCS-20-22 received; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Carried. -Severance Application E22/20 -Conditions No. 20-286 Moved by:Rick Cerna Seconded by:Mark Widner THAT the Malahide Township Council has no objection to the Land Severance No. E22/20,in the name of David and Jacqueline Fehr, relating 17 to theproperty located atPart Lot 34, Concession 9, Geographic Township of Malahide, subject to the following conditions: 1.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 deemedfulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicantwill be billed for any additional costs incurred. 2.That all entrance permits are acquired from the appropriate road authority as per our entrancecontrol policy. 3.That the applicant be required to retain the services of a professional designer and have anengineered Lot grading development plan and ditch grading plan prepared in accordance withgood engineering practices, that are suitable to the Township prior to the condition being deemedfulfilled. 4.That all outstanding work orders or by-law enforcement issues be resolved to the satisfaction ofthe Chief Building Official prior to the condition being deemed fulfilled. 5.That the applicants initiate and assume all planning costs associated with the required OfficialPlan Amendment, Zoning Amendment, Minor Variance or other land use planning process asrequired in accordance with the Ontario Planning Act, RSO 1990, with such cost to be paid in fullto the Township and that the required process be successfully completed prior to the conditionbeing deemed fulfilled. 6.Confirmation that private sewage system be confined entirely within the boundaries of the newlycreated parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. 7.That all applicable property taxes, municipal fees and charges be paid to the Municipality prior tothe stamping of the deeds. 8.That an electronic version of the reference plan be submitted to the satisfaction of theMunicipality. 9.That the applicant is responsible to apply and pay all fees to the Township with respect to CivicAddressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. Carried. -Severance Application E23/20 -Report No. 20-287 Moved by:Scott Lewis Seconded by:Dominique Giguère 18 THAT Report No. DCS-20-23 e received; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Carried. -Severance Application E23/20 -Conditions No. 20-288 Moved by:Scott Lewis Seconded by:Dominique Giguère THAT the Malahide Township Council has no objection to the Land Severance No. E23/20,in the name of Dohner Farms Ltd., relating to the property located at Part Lot 34, Concession 1,Geographic Township of Malahide, subject to the following conditions: 1.That the applicant be required to initiate and assume, if required, all cost associate with connection to the Municipal Water Service, with such costs to be paid in full to the townshipprior to the condition being deemed fulfilled. 2.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. 3.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 conditionbeing deemed fulfilled. 4.Confirmation that private sewage system be confined entirely within the boundaries of the newlycreated parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. 5.That all required land dedications are complete prior to the stamping of the deed. 6.That all applicable property taxes, municipal fees and charges be paid to the Municipality prior tothe stamping of the deeds. 7.That an electronic version of the reference plan be submitted to the satisfaction of theMunicipality. 8.That the applicant is responsible to apply and pay all fees to the Township with respect to CivicAddressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. 19 Carried. Chief Administrative Officer/Clerk -COVID 19 Pandemic Emergency Status Update No. 20-289 Moved by:Rick Cerna Seconded by:Scott Lewis THAT Report No. CAO-20--19 Pandemic Emergency AND THAT the Municipal Staff be directed to take the following actions to address ongoing risks and effects of the COVID-19 pandemic while minimizing disruption of essential municipal services to our residents: (a)the Township Office re-open access to the public by appointment only, beginning September 1; subject to all of the necessary safety measures being installed/implemented by that date; (b)thecurrent staffing safety protocols for both the Administrative Staff and the Road Department Staff be continued; (c)future in-person Council meetings be held at Malahide Community Place (MCP); and that there continue to be an option for Council Members, Staff, and the public to participate in Council meetings virtually if they so choose; (d)the 2021 garbage bag tag allotment be mailed to residents rather than requiring them to attend the Township Office to pick them up; (e)the survey/collection of unused bag tags from the 2020 collection year and the corresponding resident lottery/draw be postponed until next year; (f)the MCP ball diamonds remain closed for organized/league play for the rest of this season; (g)Hall rentals at MCP be permitted effective September 1, 2020; subject to all users of the facility adhering to all Municipal, Provincial, or Southwestern Public Health (SWPH) mandated COVID-19 safety policies/protocols; (h)Hall rentals at the South Dorchester Community Hall (SDCH) be restricted to rentals of limited size and function, such as 1 person kitchen rentals, use by the Harvest Bowl Project, and business meetings of the South Dorchester Optimist Club; subject to allsuch users 20 adhering to Municipal, Provincial, or SWPH mandated COVID-19 safety policies/protocols. Carried. -MMAHAnnouncement COVID-19Relief Funding The Chief Administrative Officer advised the Ministry of Municipal Affairs and Housing announcedthatit would be providing funding to municipalities to assist with COVID-19 related costs.She advised that Phase 1 of this funding will be allocated on a per household basis andthat Malahide will receive a payment of $195,100.00to help withCOVID-19 operating costs and pressures. -Amendment to the Procedural By-law to Continue Electronic Participation No. 20-290 Moved by:Scott Lewis Seconded by:Max Moore THAT Report No. CAO-20--law to Continue AND THAT the Clerk be directed to prepare the necessary by-law to amend the Council Procedural By-law to continue electronic participation by Council Members. Carried. -Health and Safety Policy No. 20-291 Moved by:Rick Cerna Seconded by:Chester Glinski THAT Report No. HS-20- ANDTHAT the Mayor and Chief Administrative Officer/Clerk be authorized to sign the Health and Safety Policy on behalf of the Corporation. Carried. REPORTS OF COMMITTEES/OUTSIDE BOARDS: No. 20-292 Moved by:Mark Widner Seconded by:Max Moore 21 THAT the following Reports of Committees/Outside Boards be noted and filed: (i)Council Remuneration Review Committee Minutes July 14 and July 28, 2020. (ii)Aylmer Police Costing Ad Hoc Working Group Minutes July 13and July 30, 2020. Carried. CORRESPONDENCE: No. 20-293 Moved by:Scott Lewis Seconded by:Chester Glinski THAT the Town of Gore Bay resolution supporting the Town of Orangeville in requesting the Solicitor General to encourage common training requirements for all members of Police Services as it relates to diversity, empathy, and use of force, be supported. Carried. No. 20-294 Moved by:Scott Lewis Seconded by:Chester Glinski THAT the Township of South Glengarry resolution requesting Ontario Government to provide funding to increase full-time positions in place of casual and part time labour in long term care homes and complete regular inspections, be supported. Carried. No. 20-295 Moved by:Scott Lewis Seconded by:Chester Glinski THAT the following correspondence be noted and filed: First Correspondence Agenda: 1.Association of Municipalities of Ontario -Watch File dated July 9, July 16, and July 23, 2020. 2.City of Oshawa Resolution requesting Federal, Provincial and Regional Governments to help local municipalities assist their 22 local social cultural, service clubs and children/youth minor sporting originations with funding programs because of detrimental effects of COVID 19. 3.Township of Perth South Correspondence requesting Agricorp (administrators of Farm Property Class Tax Rate Program) to review the Farm Property Class Tax Rate Program in an effort to find efficiencies and a less disruptive classification process. 4.Town of Gore Bay Resolution supporting the Town of Orangeville in requesting the Solicitor General to encourage common training requirements for all members of Police Services as it relates to diversity, empathy, and use of force. 5.Township of South Glengarry Resolution requesting Ontario Government to provide funding to increase full-time positions in place of casual and part time labour in long term care homes and complete regular inspections. 6.Municipality of Chatham-KentResolution requesting support for the designa 7.Minister of the Environment, Conservation and Parks Correspondence providing next steps in Made-in-Ontario Environment Plan commitment to build an environmental assessment (EA) Program that ensures strong environmental oversight and a strong economy. 8.Association of Municipalities of Ontario Correspondence regarding transition of Blue Box Program to full producer responsibility with attached summary of participating municipalities. 9.Elgin Group Police Services Board 2020 Members of the Elgin Group PSB. 10.Town of Aylmer Resolution authorizing installation of ice in Kinsmen arena in Mid-August. (Malahide passed a similar Resolution on July 9, 2020.) 11.Town of Aylmer Resolution approving the draft East Elgin Community Complex 2019 Financial Statements. (Malahide passed a similar Resolution on July 9, 2020.) 12.Town of Aylmer Notice of Public Meetings: -Official Plan and Zoning By-law Amendment relating to property at 33 South Street East. 23 -Phase 2of Draft Plan of Subdivision Zoning By-law Amendment relating to property on the north side of Dingle Street. 13.Town of Aylmer Notice of Passing of a Zoning By-law Amendment relating to property at 211 Talbot Street East. 14.Elgin County Land Division Committee Notice of Decision: -Severance Application E11/20 Applicant Bill Reymer relating to property at Part Lots 85, 86, 87, 88, Concession 6, municipally known as 140 Elk Street and 49639 Talbot Line. -Severance Application E15/20 Applicants Kenneth,Mary and Anthony Stover relating to property at Part Lots 28 and 29, Concession 3, municipally known as 52371 Calton Line. Carried. No. 20-296 Moved by:Max Moore Seconded by:Dominique Giguere THAT the following correspondence be noted and filed: Second Correspondence Agenda: 1.Association of Municipalities of Ontario -Watch File dated July 30 and August 6, 2020. 2.Township of Mono Resolution supporting the Town of Orangeville in requesting the Solicitor General to encourage common training requirements for all members of Police Services as it relates to diversity, empathy, and use of force. 3.Town of Amherstburg Resolution requesting Ontario Government to provide funding to increase full-time positions in place of casual and part time labour in long term care homes and complete regular inspections. 4.Town of Amherstburg Resolution requesting Federal 5.City of Owen Sound Resolution requesting support for Private MembersBill M- 6.Town of Gore Bay Resolution supporting the Federation of Northern Ontario Municipalities regarding replacing current OPP Detachment Boards. 24 7.Ontario Energy Board -Notice to Customers of application to raise Natural Gas rates effective January 1, 2021. 8.County of Elgin Report regarding SWIFT (Southwestern Integrated Fibre Technology) Proposal and Western Ontario Wardens Caucus Update. (Malahide Township Council supported this request on July 9, 2020). 9.County of Elgin Tournament Cancelled. 10.County of Elgin Application for Approval of Draft Plan of Subdivision (Municipality of Central Elgin, East of Wellington Road and west of St. Thomas Expressway). 11.Municipality of Central Elgin Notice of Passing of Zoning By-law Amendments relating to property as follows: -43099 Ron McNeil Line. -5013 Yarmouth Centre Road. -44222 Sparta Line. Carried. OTHER BUSINESS: -Line Paintingand Roadside Maintenance Councillor Widner noted his satisfaction that the centre and edge lines were recently painted on the roads. He also noted that many residents in Malahide were taking the initiative to mow the roadside ditches along their property and their property looked great. -Amish Settlement Area Speed Limits Councillor Cerna noted his satisfaction with the recently reduced speed limit in the Amish Settlement Area. He indicated that he was pleased that motorists appeared to beadhering to the new speed limits. BY-LAWS: -By-law No. 20-47Appoint Chief Building Official No. 20-297 Moved by:Rick Cerna Seconded by:Scott Lewis 25 THAT By-law No. 20-47,being a By-law to appoint a Chief Building Official for the Township of Malahide, be given first, second and third readings, and be properly signed and sealed. Carried. CLOSED SESSION: No. 20-298 Moved by:Max Moore Seconded by:Rick Cerna THAT Council move into Closed Session at 8:45p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discussa Proposed or Pending Acquisition or Disposition of Land by the municipality or local board relating to property on Pressey Line. Carried. No. 20-299 Moved by:Scott Lewis Seconded by:Rick Cerna THAT Council move out of Closed Session and reconvene at8:54p.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 Proposed or Pending Acquisition or Disposition of Land by the municipality or local board relating to property on Pressey Line.There is nothing further to report. CONFIRMATORY: No. 20-300 Moved by:Mark Widner Seconded by:Max Moore THAT By-law No. 20-48,being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. 26 ADJOURNMENT: No. 20-301 Moved by:Chester Glinski Seconded by:Mark Widner THATtheCounciladjournits meetingat 8:55p.m.to meet again on August 182020, at 1:00 p.m. Carried. _______________________________ Mayor D. Mennill _______________________________ Clerk M. Casavecchia-Somers 27 ________________________________________________________________ The Malahide Township Council met via video conference. The ActingDeputy Clerk waspresent in the South Fire Hall located at7355 Imperial Road South. Due to COVID-19 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 R. Cerna, Councillor C. Glinski, Councillor M. Moore, and Councillor M. Widner. Staff present in South Fire Hall:Acting Deputy Clerk G. Tracey. Staff via Video Conference:Chief Administrative Officer/Clerk M. Casavecchia- Somers. Absent with regret: Councillor S. Lewis. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 1:05p.m. DISCLOSURE OF PECUNIARY INTERESTandthe General Nature thereof: Councillor Widner disclosed a pecuniary interest with respect to the Council Agenda Item relating tothe Court of Revision for the Appleford Drain. The nature of the conflict being that a Junior Partner at Spriet Associatesis an immediate relative of his. APPLEFORD DRAIN COURT OF REVISION: Councillor Widner declared a conflict of interest with respect tothe Court of Revision for the Appleford Drain, retired from the meeting and abstained from all discussions and voting on the matter. 28 No. 20-302 Moved by:MaxMoore Seconded by:ChesterGlinski THAT Mayor Mennill Revision Member for the Appleford Drain (Municipality of Central Elgin). Carried. CLOSED SESSION: No. 20-303 Moved by:RickCerna Seconded by:MarkWidner THAT Council move into Closed Session at 1:08p.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 of the Development & Community Services Department. Carried. No. 20-304 Moved by:MarkWidner Seconded by:MaxMoore THAT Council move out of Closed Session and reconvene at 2:40p.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 of the Development & Community Services Department.There is nothing further to report. ADJOURNMENT: No. 20-305 Moved by:Mark Widner Seconded by:Chester Glinski THAT the Council adjourn its Special Meeting at 2:41p.m. Carried. 29 _____________________________ Mayor-D. Mennill _____________________________ Clerk M. Casavecchia-Somers 30 - DRAINAGE BY-LAW NO.20-54 Drainage Act, R. S.O. 1990, c. D17 Reg. 300/81, s.1, Form 6 Being a By-law to provide for a drainage works on the UnderhillDrain in the Township of Malahide, in the County of Elgin *********** WHEREASthe requisite number of owners have petitioned the Council of the Township of Malahide in the County of Elgin in accordance with the provisions of the Drainage Act, requesting that the following lands and roads may be drained by a drainage works. Pt Lot16 & 17 Concession4 In the Township of Malahide AND WHEREASthe Council for the Township of Malahide has procured a report made by GM BluePlanEngineeringand the report is attached hereto and forms part of this by-law. AND WHEREASthe estimated total cost of constructing the drainage works is $21,150.00. ANDWHEREAS$21,150.00 is the amount to be contributed by the municipality for construction of the drainage works. AND WHEREAS$21,150.00 is being assessed in the Township of Malahide in the County of Elgin. AND WHEREASthe council is of the opinion that the drainage of the area is desirable. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF MALAHIDE UNDER THE DRAINAGE ACT ENACTS AS FOLLOWS: 1.The report datedAugust 4, 2020, and attached hereto is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized, and shallbe completed in accordance therewith. 2. (a)The Corporation of the Township of Malahidemay borrow on the credit of the Corporation the amount of $21,150.00 being the amount necessary for construction of the drainage works. 31 (b)The Corporation may issue debentures for the amount borrowed less the total amount of, i.Grants received under section 85 of the Act; ii.Commuted payments made in respect of lands and roads assessed within the municipality; iii.Moneys paid under subsection 61(3) of the Act; and iv.Moneys assessed in and payable by another municipality, (c)And such debentures shall be made payable within five years from the date ofthe debenture and shall bear interest at a rate not higher than the rate charged by The Ontario Municipal Improvement Corporation on the date of sale of such debentures. 3.A special equal amount rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as west forth in the Schedule to be collected in the same manner and at the same time as other taxes are collected in each year for five years after the passing of this by-law. 4.All assessmentsof $500.00 or less are payable in the first year in which the assessment is imposed. 5.This By-law comes into force on the passing thereof and may be cited asUnderhillDrain. READ AFIRST ANDSECOND TIME THIS 3rdday ofSeptember, 2020. __________________________________________________________ MayorClerk READ A THIRD TIME AND FINALLY PASSED THIS15thday ofOctober, 2020. ____________________________________________________________ MayorClerk 32 NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE TOWNSHIP OF MALAHIDE TAKE NOTICEthat the Township of Malahide has received a complete application for a proposed Minor Variance. APPLICANT:Marty Shain, Part Lot 12,Concession 10,Township of Malahide. The lands affected by the minor varianceare known as 57 Poplar Avenue, being situated within the Lyons Trailer Park located north of the Hamlet of Lyons and west of Imperial Road. The subject lands in this instance comprise a mobile home site lying within the trailer park at the southwest corner of Treelawn Avenue and Poplar Avenue. The owner of Lyons Trailer Park is 1060021 Ontario Inc. (Alex & Evelyn McNeil). AND TAKE NOTICEthat the Council of the Corporation of the Township of Malahide will hold a virtual public public meeting onThursday,September 3, 2020,at7:30p.m.in the Malahide Township Council Chambers at the Springfield & Area Community Service Building, 51221 Ron McNeil Line, Springfield to consider a proposed minor variance to Zoning By-Law No. 18-22under Section 45of the Planning Act. THE PURPOSE AND EFFECTof this variance is to grant relief fromtheMobile Home Park(MH)Zone and applicable regulationsin the Township of Malahide Zoning By-Law No. 18-22,requiring that an accessory building notexceed a maximum floor area of 20 square metres (215sq ft). Thevariance will permit the construction of an accessory building, described as agarage/shop, measuring 8.5 m x 5.5 m (28 ft x 18ft) and having a floor area of 46.8 square metres (504sq ft).The subject lands (i.e. mobile home site) areoccupied by an existingmobile home.The proposed garage/shop to be constructed south of the mobile home facing PoplarAvenue. ANY PERSONmay attend the virtual meeting and/or make written or verbal representation in support of or in opposition to the proposed amendment.The virtual public meeting will be available by clicking on the YouTube icon on thehomepage of www.malahide.ca. Persons wishing to make verbal statementsduring the virtual meetingare required to pre-register with the undersigned. IF ANY PERSON OR PUBLIC BODYdoes not make oral submissions at a public meeting, or make written submissions to the Council of the Corporation of the Township of Malahide before the variance is granted, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Township of Malahide to the Local Planning Appeal Tribunal.If a person or public body does not make oral submission at a public meeting, or make written submissions to the Township of Malahide before the variance is granted, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISHto be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATIONrelating to the proposed minor variancemay be obtained at the Township Office. th DATEDat the Township of Malahidethis12day ofAugust,2020. M. Casavecchia-Somers, CAO/Clerk Township of Malahide, 87 John Street, South, Aylmer, Ontario. N5H 2C3 519-773-5344 33 Report toCouncil REPORT NO.:DCS-20-24 DATE: September 3, 2020 ATTACHMENT:Application of Marty Shain,57Poplar Avenue -13570 Imperial Road SUBJECT:Minor Variance Review 57Poplar Avenue-13570 Imperial Road ______________________________________________________________________ Recommendation: THAT Report No.DCS-20-24ceReview 57Poplar Avenue - 13570 Imperial Road AND THAT, notwithstanding that Section 6.2.1of Zoning By-law No. 18-22states that accessory buildings are not to exceed 20 square metres (215squarefeet) for lands in the Mobile Home (MH)Zone, the Minor Variance Application ofMarty Shain relating to the property located at57Poplar Avenue -13570 Imperial Road, to allow relief for the construction of an accessory building on the subject lot which is proposed to have a total floor area of approximately 46.8 square metres (504 squarefeet),be granted. Background: The purpose of this Report is to provide background information to the Council regarding a minor variance application byMartyShainrelating to the property located at57Poplar Avenue lying within the Lyons Mobile HomePark at 13570 Imperial Road.The Applicant isseeking relief from themaximum building size of anaccessory building in a Mobile Home(MH) Zone as required in theTownship of Malahide Zoning By-law No. 18-22. The requested relief is to allow a total floor area of 46.8 square metres (504 squarefeet), where the current maximum floor area allowed is 20square metres(215 squarefeet). The subject property,in this instance,comprisesa mobile home site lying within the mobile homepark at the southwest corner of Treelawn Avenue and Poplar Avenue.The property is zoned MH(Mobile Home)and has an Official Plan designation of Residential. The property currently has an existing mobile home. The property is surroundedby residential properties and agricultural farming operations. Comments/Analysis: Section 45.1 of the Planning Act Adjustment must be satisfied with when considering an application for a minor variance to the Zoning By-law. The following outlines the 34 1.Is the variance minor in nature?A request for an increase in an accessory building size of 46.8 square metres (504 squarefeet),for this property is minor. There are a number of similarly sized buildings in the area and this would not be out of place in this part of the Township. As such, this request would be considered minimal and minor in nature, when compared to similar typestructures in the area and thesize of the lots in the area. 2.Is the variance desirable for the use of the building? The variance request was brought forward by the Applicant due to a need forincreased storage space. The Staff would suggest that the variance would not change or increase the impact of the property on the neighboring residential uses and could therefore be interpreted 3.Does the variance maintain the general intent and purpose of the Zoning By- law? The intent of the Zoning By-law with respect to maximum accessory building size requirements is previously stated, the requested variance is believed to be both minor and - law. 4.Does the variance maintain the general intent and purpose of the Official Plan? The intent of the Official Plan with respect to maximum accessory building size requirements is previously stated, the requested variance is believed to be both minor and The Municipal Staffhave reviewed this minor variance application and are of the opinion Planning Act recommendation that the requested minor variance be granted. Financial Implications to Budget: The full costof the minor varianceprocess is at the expense of the applicant and has no impOperating Budget. Relationship to Cultivating Malahide: The Cultivating MalahideIntegrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Local Government. responsible manner that directs growth to appropriate areas with th Approval of this application would support this goal. Prepared by:Approved For Council: Allison Adams, Community Services Clerk 35 36 37 38 39 40 The Corporation of the Township of Malahide Council Remuneration Review Committee August 25, 2020 10:00 a.m. The Council Remuneration Review Committee met via videoconference at 10:00 a.m. Due to COVID-19 and public health concerns, public attendance was not permitted at this meeting. The Committee Members and Staff participated remotely. CommitteeMembers:Martin Baelde, Kevin Morrell, Susan Morrell,and Richard Robilliard. Municipal Staff:Chief Administrative Officer/ClerkM. Casavecchia-Somers. CALL TO ORDER: Chair Susan Morrell called the meeting to order at 10:00 a.m. and welcomed those in attendance. DISCLOSURE OF PECUNIARY INTERESTand the General Nature thereof: No disclosures of pecuniary interestwere declared. MINUTES: Moved by: Kevin Morrell Seconded by:Martin Baelde THAT the Minutes of the Regular Meeting of the Council Remuneration Review Committee held on August 11,2020, be adopted as presented. Carried. BUSINESS ARISING FROM THE MINUTES: -Average Living Wage in Malahide The Committee received and noted 2016 Census Data regarding the median and average income of individuals and households in both Malahide Township and Elgin County. -Costing for Benefit Package for Council Members The Committee received a verbal report from the CAO outlining several benefit options and associated costs that could be considered for Members of Council, including life insurance, extended health care, anddental care. The Committee noted that the estimated monthly cost to provide all such benefits is approximately $3,000.00. DISCUSSION SUMMARY OF RECOMMENDATION/SUGGESTIONS OF COMMITTEE MEMBERS: The Committee reviewed and discussed a summary of eachCommittee Members recommendations/suggestions regarding Council Remuneration. 41 -Base Salary for Council Members Moved by:Martin Baelde Seconded by: Kevin Morrell THATthe Council Remuneration Review Committee recommendsthat, effective January 1, 2020,the following annualsalaries for Council Members be established: Mayor $23,947.43 ($300.00 increase) Deputy Mayor $17,679.48 ($400.00 increase) Councillor$12,020.78 ($500.00 increase). Carried. -Annual Inflationary Increase Moved by:Martin Baelde Seconded by: Richard Robilliard THATthe Council Remuneration Review Committee recommends that, commencing January 1, 2021, the Council's salariesbe automatically increased annually by the same percentage increase granted to the Municipal Staff Salary Grid. Carried. -Other Recommendations to Keep Councillor Salaries Current Moved by:Richard Robilliard Seconded by: Martin Baelde THATthe Council Remuneration Review Committee recommends that, approximately 6 months before the 2022 Municipal Election, the Council be requested to consider increasing all annual Council salaries by an additional $500.00 to come into effect on January 1, 2023; it being pointed out that the intent of such salary increase is to provide additional incentive for candidates to run for Council in the Fall of 2022. Carried. -Additional Meeting Pay for Other than Council Meetings Moved by:Richard Robilliard Seconded by: Martin Baelde THATno action be taken at this time by the Council Remuneration Review Committee to recommend the establishment of additional meeting pay for meetings other than Council Meetings. Carried. -Annual Mileage Stipend Moved by:Martin Baelde Seconded by: Richard Robilliard THATthe Council Remuneration Review Committee recommendsthat, effective January 1, 2020,the following annual mileage stipends be established for Council Members: Mayor $900.00($50.04increase) Deputy Mayor $900.00($50.04increase) Councillor$600.00 ($30.00 increase). Carried. 42 -Mileage Reimbursement per Km Moved by:Kevin Morrell Seconded by: Richard Robilliard THATthe Council Remuneration Review Committee recommends that, effective January 1, 2020, the Council Member mileage reimbursement per kmrate be increased from $0.45 per km to $0.52 per km. Carried. -Per Diem Rate Moved by:Richard Robilliard Seconded by: Martin Baelde THATthe Council Remuneration Review Committee recommends that, effective January 1, 2020, the Council Member per diem rate be increased from $165.00 per day to $180.00 per day. Carried. -Additional Benefits (ie. medical/dental, cell phone) Moved by:Richard Robilliard Seconded by: Kevin Morrell THATno action be taken at this time by the Council Remuneration Review Committee to recommend the establishment of an additionalbenefit package for Council Members. Carried. The Committee concurred that the above noted resolutions would form the basis of its final report to the Council. The Chair agreed to work with the Municipal Staff to prepare a draft report, which would include not only the recommendations of the Committee, but also the rationale for making such. The Committee noted that the draft report would be submitted for review and consideration at its next meeting. NEXT COUNCIL REMUNERATION REVIEW COMMITTEE MEETING: The next Council Remuneration Review Committee Meeting will beTuesday, September 15,2020, at 10:00 a.m. ADJOURNMENT: Moved by:Martin Baelde Seconded by:Kevin Morrell THAT the Council Remuneration Review Committee meeting be adjourned at 12:05p.m. to meet on September15, 2020 at 10:00 a.m.via teleconference. Carried. __________________________________ ChairS. Morrell __________________________________ Clerk M. Casavecchia-Somers 43 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-57 Being a By-law toauthorizethe execution of anAgreement with Coldstream Concrete Ltd. for the supply and delivery of two Pre-cast Concrete Culverts for Pressey Line. WHEREASSection 5(3) of the Municipal Act, 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREASthe Council of The Corporation of the Township of Malahide is desirous of entering into an Agreement with Coldstream Concrete Ltd.for the supply and delivery of two (2) Pre-cast Concrete Culverts; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THATthe entering into of an Agreement with Coldstream ConcreteLtd.for supply and delivery of two (2) Pre-cast Concrete Culverts for Pressey Line is hereby approved and authorized. 2.THATthe Mayorand the Clerkbe and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Agreementin substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3.THATthis By-law shall come into force and take effect on the final passing thereof. rd READaFIRSTandSECONDtime this3day of September, 2020. rd READaTHIRDtime and FINALLY PASSEDthis3day of September, 2020. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers 44 TOWNSHIP OF MALAHIDEAGREEMENT THIS AGREEMENT made in quadruplicate this ____day of ______in the year 2020. B E T W E E N: COLDSTREAM CONCRETELTD. and CORPORATION OF THE TOWNSHIP OF MALAHIDE WITNESSETH: That the Contractor and the Owner for the consideration hereinafter indicated undertake and agree as follows: ARTICLE 1: The following documents are to be read herewith and form part of this Agreement as fully and completely to all intents and purposes as though all the stipulations thereof had been 1.Form of Tender 2.Special Provisions -General 3.O.P.S. General Conditions of Contract 4.O.P.S. Volumes 1, 2 &3 ARTICLE 2: The Contractor undertakes and agrees: a)To perform all work asdescribed in the Contract Documents entitled:TenderPS- 20-10,Supply and Delivery of Two (2) Pre-cast Concrete Culverts and, b)T o do and fulfill everything indicated by this Agreement and the Contract Documents, and c)To complete substantially all the work as specified in the Contract Documents and as identified in Article 1. ARTICLE 3: The Owners undertake and agree: a)To pay the Contractor in current funds for the performance of the TenderPS-20-10, ThreeHundred and EightyThousand, Twohundred and Eighty-fivedollars, and Thirty Cents($380,285.30)plusHST,for the Supply and Delivery of Two (2) Pre-Cast Concrete Culverts as specified in the tender documents,subject to additions and deductions as provided in the tenderdocuments. b)To make payments on account thereof (when the Director is satisfied that payments due to Sub-contractors have been made), as follows: on or before the thirtieth day the value of work at the first day of the month as estimated by the Contractor, and 45 approved by the Owner, less the amount of previous payments less any amount required statutory holdback. Final payment upon completion of the work shall be made in compliance with the Contract Documents. c)If on account of climate or other conditions reasona control, there are items of work that cannot be readily completed, the payment in full for the work which has been completed shall not be delayed on account thereof, but the Owner may withhold sufficient and reasonable sum untilthe uncompleted work is finished. ARTICLE 4: The Contractor and the Owners for themselves, their successors, executors, administrators and assigns, hereby undertake and agree to the full performance of the covenants contained herein and in the Contract Documents, and that this Agreement with the Contract Documents constitute the Contract and the following is an exact enumeration of the Specifications and Drawings: a)Special Provisions General b)Specifications c)Form of Tender d)OPS General Conditions ARTICLE 5: If and whenever either party hereto desires to give notice to the other party under or in connection with this Agreement or the General Conditions of the Contract, such notice will be effectively given if sent by registered mailto the Contractor at402 Quaker Lane, RR#2, IldertonOntario, N0M 2A0to the Owner at 87 John St. S Aylmer, Ontario N5H 2C3will be considered as having been so given at the time of the deposit thereof in the Post Office. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. SIGNED, SEALED AND DELIVERED)Corporation of the Township of Malahide in the presence of) ) )______________________________SEAL ) )______________________________ ) )COLDSTREAM CONCRETELTD. ) ) )______________________________ SEAL ) )______________________________ 46 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-55 Being a By-law toadopt, confirm and ratify matters dealt with by resolution of the Township of Malahide. WHEREASSection 5(3) of the Municipal Act, 2001, c. 25, as amended, provides that thepowers of every council are to be exercised by by-law; AND WHEREASin many cases, action which is taken or authorized to be taken by the Township of Malahidedoes not lend itself to the passage of an individual by-law; AND WHEREASit is deemed expedient that the proceedings of the Council of the Township of Malahideat this meeting be confirmed and adopted by by-law; NOW THEREFOREthe 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,atitsregular meeting held on September 3,2020,and its special meeting held on August 18, 2020,in respect of each motion, resolution and other action taken by the Council of the Township of Malahideat such meetingis, except where the prior approval of the Ontario Municipal Board or other authority is required by law, ishereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-law. 2.THAT the Mayorand the appropriate officials of the Township of Malahideare hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Township of Malahidereferred to in the proceeding section. 3.THATthe Mayorand 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. rd READaFIRSTandSECONDtime this3day of September,2020. rd READaTHIRDtime and FINALLY PASSEDthis3day of September, 2020. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers