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Regular Council Minutes - 2020/09/17The Corporation of the Township of Malahide September 17, 2020 — 7:30 p.m. The Malahide Township Council met via vdeoconference. The Manager of Information Technology and the Chief Administrative Officer/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, Councillor M. Moore, Councillor M. Widner, and Councillor S. Lewis. Staff present in Council Chamber: Manager of Information Technology C. Coxen and CAO/Clerk M. Casavecchia-Somers. Staff via Videoconference: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Financial Services A. Mohile and Director of Physical Services M. Sweetland. 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. 20-327 Moved by: Rick Cerna Seconded by: Scott Lewis THAT the minutes of the regular meeting of the Council held on September 3, 2020 be adopted as printed and circulated. Carried. PRESENTATIONS/DELEGATIONS/PETITIONS: Court of Revision — Taylor Drain Branch "C". No. 20-328 so Moved by: Max Moore 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 Taylor Drain Branch "C": Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguere Councillor Chester Glinski. Carried. 1 •i No. 20-329 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision for the Taylor Drain Branch "C" be called to order at 7:32 p.m. AND THAT Dave Mennill be appointed Chairman. Carried. 40 The Drainage Engineer, Andrew Gilvesy, of CJDL Consulting Engineers, 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 and there were none. No. 20-330 Moved by: Chester Glinski Seconded by: Dominique Giguere THAT the Court of Revision members for the Taylor Drain Branch "C" do hereby accept the recommendations of Drainage Engineer Andrew Gilvesy, CJDL Consulting Engineers; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer dated July 6, 2020. Carried. No. 20-331 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision relating to the Taylor Drain Branch "C" be adjourned and the Council Meeting reconvene at 7:35 p.m. Carried. No. 20-332 Moved by: Scott Lewis Seconded by: Rick Cerna THAT the tender for the Taylor Drain Branch "C" be awarded to Cassidy Construction in the amount of $24, 311.20 excluding HST; subject to the expiration of all appeal periods and subject to no appeals having been received related to the Taylor Drain Branch "C". Carried. Court of Revision — S. Ryan Drain Branch "B" No. 20-333 Moved by: Max Moore 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 S. Ryan Drain Branch "B": Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguere Councillor Chester Glinski. Carried. 20-161 No. 20-334 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision for the S. Ryan Drain Branch "B" be called to order at 7:38 p.m. AND THAT Dave Mennill be appointed Chairman. Carried. The Drainage Engineer, Andrew Gilvesy, of CJDL Consulting Engineers, 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 and there were none. No. 20-335 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision members for the S. Ryan Drain Branch "B" do hereby accept the recommendations of Drainage Engineer Andrew Gilvesy, CJDL Consulting Engineers; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer dated July 6, 2020. Carried. No. 20-336 Moved by: Chester Glinski Seconded by: Dominique Giguere THAT the Court of Revision relating to the S. Ryan Drain Branch "B" be adjourned and the Council Meeting reconvene at 7:40 p.m. Carried. Court of Revision — County Road 24 Drain Branch "A" No. 20-337 Moved by: Scott Lewis Seconded by: Mark Widner THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the County Road 24 Drain Branch "A": Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguere Councillor Scott Lewis. Carried. AND THAT Dave Mennill be appointed Chairman. Carried. WWWtI The Drainage Engineer, Andrew Gilvesy, of CJDL Consulting Engineers, 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. THAT the Court of Revision members for the County Road 24 Drain Branch "A" do hereby accept the recommendations of Drainage Engineer Andrew Gilvesy, CJDL Consulting Engineers; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer dated July 8, 2020. Carried. No. 20-340 Moved by: Dominique Giguere Seconded by: Scott Lewis THAT the Court of Revision relating to the County Road 24 Drain Branch "A" be adjourned and the Council Meeting reconvene at 7:44 p.m. Carried. Court of Revision — Fuller Drain Branch "B" and "C" No. 20-341 Moved by: Max Moore 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 Fuller Drain Branch "B" & "C": Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguere Councillor Mark Widner. Carried. No. 20-342 Moved by: Dominique Giguere Seconded by: Mark Widner THAT the Court of Revision for the Fuller Drain Branch "B" and "C" be called to order at 7:45 p.m. AND THAT Dave Mennill be appointed Chairman. Carried. The Drainage Engineer, Peter Penner, of CJDL Consulting Engineers, 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 and there were none. No. 20-343 Moved by: Mark Widner Seconded by: Dominique Giguere 20-163 THAT the Court of Revision members for the Fuller Drain Branch "B" and "C" do hereby accept the recommendations of Drainage Engineer, Peter Penner, CJDL Consulting Engineers; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer dated July 22, 2020. Carried. - Public Meeting — Zoning By-law Amendment, as submitted by Bradley Near and Sara -Lynn Boegel, relating to property at Part Lot B, Plan 18, Geographic Village of Springfield. No. 20-345 Moved by: Scott Lewis Seconded by: Rick Cerna THAT the Public Meeting concerning the Zoning By-law Amendment Application of Bradley Near and Sara -Lynn Boegel relating to the property located at Lot B, Plan 18, Geographic Village of Springfield, be called to order at 7:50 p.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 51341 Ron McNeil Line, being Part Lot B, Plan 18, from the Village Residential One Zone to a Site Specific Village Residential One Zone. Mayor Mennill asked the Clerk to advise and confirm on the method and date of notice given for this meeting. The Clerk advised that this public meeting was advertised in the Aylmer Express on August 26 and September 2, 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 Clerk to provide an overview of the application. The Clerk advised that the purpose of the proposed amendment is to change the zoning on an existing residential lot occupied by a single detached dwelling and a shop, from the Village Residential One (VR1) zone to a "Site Specific" Village Residential One (VR1-#) zone. The subject lands comprise an area of approximately 1,012 square metres (0.3 acres), a frontage of 20 metres (66 ft) on Pressey Line and an irregular depth. The Change in zoning would permit the erection of a second dwelling unit in an accessory building in the southerly portion of the lot and to the east of the shop. The proposed "Site -specific" VR1-# zoning would permit a second dwelling in a front yard, closer to the front and side lot lines than what is otherwise permitted for an accessory building or structure. Neither the Applicant nor their agent was in attendance and thus no additional information was provided. Mayor Mennill asked the Clerk to provide any comments received from the circulated agencies and landowners. The Clerk advised that correspondence has been received from the Catfish Creek Conservation Authority indicating no concerns. Mayor Mennill asked if any persons were in 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. 1 •� No. 20-346 Moved by: Max Moore Seconded by: Scott Lewis THAT the Public Meeting relating to Zoning By-law Amendment Application of Bradley Near and Sara -Lynn Boegel relating to the property located at Lot B, Plan 18, be adjourned and the Council meeting reconvene at 7:47 p.m. is Carried. No. 20-347 Moved by: Scott Lewis Seconded by: Chester Glinski THAT By-law No. 20-58, being a By-law to amend Zoning By-law No. 18-22 insofar as it relates to the property owned by Bradley Near and Sara -Lynn Boegel, located at Lot B, Plan 18, be given first, second and third readings, and properly signed and sealed. Carried. Director of Fire and Emergency Services - Emergency Services Activity Report — August No. 20-348 Moved by: Rick Cerna Seconded by: Scott Lewis THAT Report No. F-20-10 entitled "Emergency Services Activity Report — August" be received. Carried. Director of Physical Services - Quotation Results — Fuller Drain Branch "B" and "C" Construction No. 20-349 Moved by: Mark Widner Seconded by: Scott Lewis THAT Report No. PS-20-42 entitled "Quotation Results — Fuller Drain Branch "B" and "C" Construction" be received; AND THAT the tender for the Fuller Drain Branch "B" and "C" be awarded to Cassidy Construction in the amount of $116, 647.68 excluding HST; subject to the expiration of all appeal periods and subject to no appeals having been received related to the Fuller Drain Branch "B" and "C". Carried. - Tender Results: Pressey Line Guiderail Supply and Installation No. 20-350 Moved by: Scott Lewis Seconded by: Max Moore THAT Report No. PS-20-43 entitled "Tender Results: Pressey Line Guiderail Supply and Installation" be received; AND THAT the contract for the Pressey Line Guiderail Supply and Installation be awarded to Royal Fence Ltd., of Dorchester, Ontario, in the amount of $78,500.00 (plus HST); 20-165 AND THAT the Mayor and Clerk be authorized to enter into an agreement with Royal Fence Ltd., of'Dorchester, Ontario for the purpose of the supply and installation of Steel Beam Guiderail for Pressey Line. Carried. - Tandem Plow Replacement Tender No. 20-351 Moved by: Mark Widner Seconded by: Chester Glinski THAT Report No. PS-20-45 entitled "Tandem Plow Replacement Tender" be received; AND THAT Municipal Staff be authorized to proceed to tender for the replacement of one tandem snow plow unit for delivery in 2021. Carried. Director of Development Services - Severance Application E28/20 - Report No. 20-352 Moved by: Rick Cerna Seconded by: Scott Lewis THAT Report No. DCS-20-25 Entitled "Severance Application E28/20" be received; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Carried. - Severance Application E28/20 - Conditions No. 20-353 Moved by: Rick Cerna Seconded by: Scott Lewis THAT the Malahide Township Council has no objection to the Land Severance No. E28/20 in the name of MacVicar Farms Ltd., relating to the property located at Part Lot 24, Concession 12, Geographic Township of South Dorchester, 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 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. 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 condition being deemed fulfilled. 1 •• 4. Confirmation that private sewage system be confined entirely within the boundaries of the newly created parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. 5. That all applicable property taxes, municipal fees and charges be paid to the Municipality prior to the stamping of the deeds. 6. That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. 0 7. That the applicant is responsible to apply and pay all fees to the Township with respect to Civic Addressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled. Carried. - Severance Application E30/20 - Report No. 20-354 Moved by: Scott Lewis Seconded by: Chester Glinski THAT Report No. DCS-20-26 entitled "Severance Application E30/20" be received; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Carried. - Severance Application E30/20 - Conditions No. 20-355 Moved by: Scott Lewis Seconded by: Chester Glinski THAT the Malahide Township Council has no objection to the Land Severance No. E30/20 in the name of Robert, Jean and Jason Nicholson, relating to the property located at Part Lot 12, Concession 5, Geographic Township of Malahide, subject to the following conditions: 1. 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. 2. 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. 3. Confirmation that private sewage system be confined entirely within the boundaries of the newly created parcel. That system be in conformance with all required setbacks from lot lines prior to the condition being deemed fulfilled. 0 4. That all applicable property taxes, municipal fees and charges be paid to the Municipality prior to the stamping of the deeds. 5. That Section 50(3) of the Planning Act, R.S.O., 1990, as amended, shall apply to any future transactions or conveyances on the subject lands. Carried. 20-167 - Severance Application E31/20 - Report No. 20-356 Moved by: Dominique Giguere Seconded by: Rick Cerna THAT Report No. DCS-20-27 entitled "Severance Application E31/20" be received; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Carried. - Severance Application E31/20 - Conditions No. 20-357 Moved by: Dominique Giguere Seconded by: Rick Cerna THAT the Malahide Township Council has no objection to the Land Severance No. E31/20 in the name of Robert, Jean and Jason Nicholson, relating to the property located at Part Lot 12, Concession 5, Geographic Township of Malahide, subject to the following conditions: 1. 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. 2. 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. 3. That all applicable property taxes, municipal fees and charges be paid to the Municipality prior to the stamping of the deeds. 4. That an electronic version of the reference plan be submitted to the satisfaction of the Municipality. 5. That Section 50(3) of the Planning Act, R.S.O., 1990, as amended, shall apply to any future transactions or conveyances on the subject lands Carried. Director of Financial Services - COVID-19 Relief Measures Update No. 20-358 Moved by: Scott Lewis Seconded by: Chester Glinski THAT Report No. FIN-20-13 entitled "COVID-19 Relief Measures Update" be received. AND THAT no action be taken at this time to extend COVID-19 relief measures any further. Carried. - 2021 Budget Meetings The Director of Financial Services indicated she was preparing for the 2021 1 •: Budget deliberations to begin in November, 2020. The Director advised the Council that she will be contacting them to schedule meetings of the Budget Committee and requested that the Council provide budget items to her that they wish to have incorporated into the Draft 2021 Budget. REPORTS OF COMMITTEES/OUTSIDE BOARDS No. 20-359 Moved by: Max Moore Seconded by: Scott Lewis THAT the following Reports of Committees/Outside Boards be noted and filed: (i) Long Point Region Conservation Authority Board of Directors — Minutes of Meeting August 5, 2020. (ii) Aylmer Police Costing Ad Hoc Working Group Committee Minutes — September 1, 2020. Carried. CORRESPONDENCE: No. 20-360 Moved by: Dominique Giguere Seconded by: Scott Lewis THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated September 3 and 10, 2020. 2. Township of Puslinch and Township of Huron-Kinloss — Supporting Town of Gore Bay and City of Oshawa requesting help for local municipalities to assist their local social cultural, service blubs and children/youth minor sporting organizations with funding programs because of detrimental effects of COVID 19. 3. Village of Merrickville-Wolford — Thank you for supporting their resolution regarding Provincially Significant Wetlands Designations. 4. County of Elgin — Notice of Public Meeting regarding Draft Plan of Subdivision — Part of Lots 1 and 2, Range South Edgeware Road, Part of Block 48, RP 11 M219, Municipality of Central Elgin. 5. Municipality of Central Elgin — Notice of Public Meeting for Proposed Zoning By-law Amendment relating to the following properties: - Jacklin Farm Phase 4. - 263 B Frances Street. - 42057 Fruitridge Line. OTHER BUSINESS: East Elgin Community Complex — Reopening Plan and Operating and Capital Projects Up -date, including use of Pickle -ball Nets 20-169 No. 20-361 Moved by: Scott Lewis Seconded by: Rick Cerna THAT Report CAO 68-20, received from the Aylmer CAO, entitled "EECC Reopening Plan and Operating and Capital Projects Update" be received for information; 40 AND THAT the Malahide Township Council does hereby support the use of the existing EECC pickle -ball nets at the Aylmer basketball courts on a trial basis; it being noted that if there is a future decision to continue outdoor pickleball in 2021, the Town of Aylmer will replace the said nets. Carried. - COVID 19 Restrictions — Santa Claus Parade Mayor Mennill advised that the County Emergency Control Group will be discussing the issue of Santa Claus Parades and other events that traditionally result in large public gatherings. The Mayor asked the Council for direction. The CAO/Clerk advised that the Springfield Santa Claus Parade Committee Members requested delegation status at the next Regular Council Meeting to provide the Council with an update on their plans for an alternative to the traditional Santa Claus Parade. No. 20-362 Moved by: Rick Cerna Seconded by: Scott Lewis THAT, in response to current COVID-19 restrictions relating to physical distancing and mass gatherings, the Malahide Township Council is not supportive of a traditional Santa Claus Parade in Springfield in 2020; AND THAT the Springfield Santa Claus Parade Committee be advised that the Council will consider supporting alternative parade concepts, provided that such alternatives meet all COVID-19 restrictions. Carried. - Port Bruce Pier In response to an inquiry by Councillor Widner, the Municipal Staff advised that the outstanding issues at the Port Bruce Pier are being assessed and the Engineer has been consulted. The water ponding along the channel, the accessibility of the pathway, and the north end of the pier repairs were all being reviewed. The matter was referred to the Municipal Staff for further action. Councillor Lewis noted that he has received many positive comments relating to the rehabilitation work that was completed this summer in Port Bruce. - County of Elgin Administration Office In response to an inquiry from Councillor Widner regarding the proposed $2.4 million dollar cost for elevator upgrades at the County of Elgin Administration Office, the Mayor advised there were other aspects to the project, including making the approach to the building accessible as well as two sets of elevators. - Terrace Lodge In response to an inquiry from Councillor Glinski regarding the upgrades to Terrace Lodge Nursing Home, the Mayor advised there were delays as a result of COVID-19 as the contractors were unable to enter Terrace Lodge to view the building. He also noted that the dining room dimensions had to increase in order to ensure physical distancing. He anticipated that the County would be breaking ground in 2021. 20-170 BY-LAWS: By-law No. 20-62 — Royal Fence Ltd. Agreement for Steel Beam Guiderails on Pressey Line. No. 20-363 Moved by: Max Moore Seconded by: Rick Cerna THAT By-law No. 20-62, being a By-law to authorize the execution of an Agreement with Royal Fence Ltd. for the supply and installation of Steel Beam Guiderails on Pressey Line, be given first, second and third readings, and be properly signed and sealed. Carried. CLOSED SESSION: No. 20-364 Moved by: Scott Lewis Seconded by: Mark Widner THAT Council move into Closed Session at 8:40 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 of the Physical Services Department. Carried. No. 20-365 Moved by: Mark Widner Seconded by: Dominique Giguere THAT Council move out of Closed Session and reconvene at 8:40 p.m. in order to continue with its deliberations. Carried. No. 20-366 Moved by: Max Moore Seconded by: Scott Lewis THAT the Municipal Staff be directed to proceed with the hiring of a Full -Time Operator to replace the unfilled Mechanic/Operator position; AND THAT the Municipal Staff be directed to proceed with the hiring of three Seasonal Operators for the upcoming winter control season. Carried. CONFIRMATORY: No. 20-367 Moved by: Scott Lewis Seconded by: Rick Cerna THAT By-law No. 20-59, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. sm C 20-171 F3111101UR► 1 No. 20-368 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Council adjourn its meeting at 8:52 p.m. to meet again on October 1, Clerk — M. Casavecchia-Somers