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Regular Council Minutes - 2020/10/0120-177 The Corporation of the Township of Malahide October 1, 2020 - 7:30 p.m. Due to COVID 19 and Public Health concerns, the Malahide Township Council met at the Malahide Community Place, at 12105 Whittaker Road, Springfield, at 7:30 p.m. in order to allow for physical distancing and limited public attendance. The following were present: Council: Mayor D. Mennill, Deputy Mayor D. Giguere, Councillor M. Widner, Councillor M. Moore, and Councillor C. Glinski. Council via Videoconference: Councillor S. Lewis and Councillor R. Cerna. Staff: Information Technology Manager C. Coxen, Director of Physical Services M. Sweetland, and Deputy Clerk D. Wilson. Staff Members via Videoconference: Director of Financial Services A. Mohile and Director of Fire and Emergency Services B. Smith. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTEREST and the General Nature thereof. Councillor Widner disclosed a pecuniary interest with respect to Council Agenda Item (C) (iv) regarding the Meeting to Consider the W. Shively Drain Branch 1 and 2. The nature of the conflict being that a Junior Partner at Spriet Associates is an immediate relative of his. No. 20-370 Moved by: Max Moore Seconded by: Mark Widner THAT the minutes of the regular meeting of the Council held on September 17, 2020 be adopted as printed and circulated. Carried. PRESENTATIONS/DELEGATIONS/PETITIONS: Public Meeting — Zoning BV-law Amendment, as submitted by Norman and Beverly Stansell, relating to property at Part Lots 101 and 102, South Talbot Road, Geographic Township of Malahide. No. 20-371 Moved by: Mark Widner is Seconded by: Chester Glinski THAT the Public Meeting concerning the Zoning By-law Amendment Application of Norman and Beverly Stansell relating to the property located at Lots 101 and 102, Concession South Talbot Road, be called to order at 7:34 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 52412 and 52220 20-178 Chalet Line, being Lots 101 and 102, Concession STR., Malahide, from the General Agricultural (Al) Zone to the General Agricultural (A1-11) Zone. Mayor Mennill asked the Deputy 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 September 9 and 16, 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 Deputy Clerk to provide an overview of the application. The Deputy Clerk advised that the purpose of the proposed amendment is to change the zoning on a parcel proposed to be severed and merged in name and title with an abutting parcel, from the General Agricultural (Al) Zone to the "site -specific" General Agricultural (Al -11) Zone. The severed parcel comprises an area of 1.2 h (2.9 acres), an irregular depth and a frontage of 67 metres (220 ft) on Chalet Line. The rezoning would permit the enlargement of lands owned by David and Norma Gascho (52220 Chalet Line) for agricultural purposes, including a stove manufacturing business (Chalet Hearth Woodstove Shop) already established on the parcel. The rezoning would also establish a new minimum lot area for the enlarged parcel. The zoning of the remaining farm lands, being the retained parcel comprising an area of approximately 32.6 ha (80.6 acres) is General Agricultural (Al) and would remain as such. The change in zoning to Al-11 is being requested to satisfy conditions of Application for Consent E6/20 granted by the County of Elgin Land Division Committee. 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 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. No. 20-372 Moved by: Dominique Giguere Seconded by: Max Moore THAT the Public Meeting relating to Zoning By-law Amendment Application of Norman and Beverly Stansell relating to the property located at Lots 101 and 102, Concession South Talbot Road, be adjourned and the Council meeting reconvene at 7:37 p.m. Carried. No. 20-373 Moved by: Rick Cerna Seconded by: Mark Widner THAT By-law No. 20-61, being a By-law to amend Zoning By-law No. 18-22 insofar as it relates to the property owned by Norman and Beverly Stansell, located at Lots 101 and 102, Concession South Talbot Road, be given first, second and third readings, and properly signed and sealed. Carried. Public Meeting — Zoning By-law Amendment, as submitted by 2660711 Ontario Inc. (Jake Penner), relating to property at Part Lot 87, North Talbot Road, Geographic Township of Malahide. I* No. 20-374 Moved by: Mark Widner Seconded by: Chester Glinski THAT the Public Meeting concerning the Zoning By-law Amendment Application of 2660711 Ontario Inc. (Jake Penner) relating to the property located at Lot 87, Concession North Talbot Road, be called to order at 7:38 p.m. 20-179 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 49610 Talbot Line, being Part Lot 87, Concession North Talbot Road, Township of Malahide, to permit a residential development in the form of a four -unit residential dwelling. Mayor Mennill asked the Deputy 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 September 9 and 16, 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 Deputy Clerk to provide an overview of the application. The Deputy Clerk advised that the purpose of the proposed amendment is to permit residential development in the form of a four -unit residential dwelling (or townhouse dwelling, as defined) on the subject lands. The lands which are currently vacant, comprise an area of approximately 4,006 square metres (0.9 acres), a frontage of approximately 37.8 metres (124 feet) and are irregular in depth. Official Plan Amendment No. 18 (adopted February 6, 2020 and approved March 10, 2020) permits the proposed residential development within a "suburban area" and on lands designated "specific Policy Area No. 11" in the Township of Malahide Official Plan. The proposed change in the zoning of the subject lands is from Highway Commercial (HWC) to "site - specific" Rural Residential (RR#), which would restrict the permitted uses of the subject lands to a townhouse dwelling and accessory uses and establish minimum yard setbacks in accordance with an approved site plan. 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 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. No. 20-375 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Public Meeting relating to Zoning By-law Amendment Application of 2660711 Ontario Inc. (Jake Penner) relating to the property located at Lot 87, Concession North Talbot Road, be adjourned and the Council meeting reconvene at 7:42 p.m. Carried. No. 20-376 Moved by: Dominique Giguere Seconded by: Max Moore THAT By-law No. 20-62, being a By-law to amend Zoning By-law No. 18-22 insofar as it relates to the property owned by 2660711 Ontario Inc. (Jake Penner), located at Lot 87, Concession North Talbot Road, be given first, second and third readings, and properly signed and sealed. Carried. Court of Revision — Underhill Drain. No. 20-377 Moved by: Rick Cerna Seconded by: Max Moore 1 :1 THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the Underhill Drain: Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguere Councillor Chester Glinski. Carried. No. 20-378 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision for the Underhill Drain be called to order at 7:48 p.m. AND THAT Dave Mennill be appointed Chairman. Carried. The Drainage Engineer, Brad Bunke, of GM Blue Plan, 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. 20-379 Moved by: Chester Glinski Seconded by: Dominique Giguere THAT the Court of Revision members for the Underhill Drain do hereby accept the recommendations of Drainage Engineer Brad Bunke, GM BluePlan Engineering; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer, dated August 4, 2020. Carried. No. 20-380 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Court of Revision relating to the Underhill Drain be adjourned and the Council Meeting reconvene at 7:55 p.m. Carried. The Mayor thanked the Engineer for his report and he retired from the meeting. Meeting to Consider — W. Shively Drain Branch 1 and 2 Councillor Widner declared a conflict of interest with respect to Council Agenda Item C (iv) relating to the W. Shively Drain Branch 1 and 2, retired from the meeting and abstained from all discussions and voting on the matter. Drainage Engineer, John M. Spriet, of Spriet associates appeared before the Council to present the Drainage Engineer's Report dated September 3, 2020, regarding the W. Shively Drain Branch 1 and 2 and outlined the nature of the proposed work. Mayor Mennill inquired if any persons were in attendance that wished to comment or ask questions 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. 1 No. 20-381 Moved by: Chester Glinski Seconded by: Dominique Giguere THAT the Engineer's Report for the W. Shively Drain Branch 1 and 2, as prepared by Spriet Associates and dated September 3, 2020, be accepted; AND THAT By-law No. 20-63, being a by-law to provide for the W. Shively Drain Branch 1 and 2 drainage works be read a first and second time and provisionally adopted. Carried. No. 20-382 Moved by: Max Moore Seconded by: Dominique Giguere THAT the Court of Revision for the W. Shively Drain Branch 1 and 2 be scheduled to be held on November 5, 2020, at 7:30 p.m. Carried. No. 20-383 Moved by: Chester Glinski Seconded by: Dominique Giguere THAT the tenders for the construction of the W. Shivley Drain Branch 1 and 2 be requested for October 29, 2020 at 11:00 a.m. Carried. The Mayor thanked the Engineer for his report and he retired from the meeting. Councillor Widner resumed his seat in the Council Chamber. Delegation - Kelly Pearson, on behalf of the Springfield Santa Claus Parade Committee requesting change from Traditional Parade. Kelly Pearson, on behalf of the Springfield Santa Claus Parade Committee, appeared before the Council to obtain approval to schedule a modified version of the traditional Springfield Santa Claus Parade as a result of gathering restrictions due to the COVID-19 pandemic. Ms. Pearson advised that the Committee was requesting permission from the Council to allow a truck and trailer to tour the Village of Springfield streets with Santa and Mrs. Claus on board on December 7, 2020. She noted that if the weather was unfavourable, the date would be rescheduled. Ms. Pearson also requested permission for the Springfield Fire Department to lead the "parade". She advised that candy would not be given out in the traditional way, but residents could put out a container at the end of their driveway and the parade organizers would drop in some candy canes. Councillor Moore asked that the Municipal Staff ensure that the parade organizers were covered under the municipal insurance for this alternative event. Delegation - Rosemary Kennedy, on behalf of the Springfield Lioness, advising of changes to Springfield Lioness Club. Rosemary Kennedy, on behalf of the Springfield Lioness, appeared before the Council to provide an update regarding changes happening within the club. Ms. Kennedy advised that the Springfield Lioness Club has been in existence since 1981. Recently, the Lions Club International has eliminated the Lioness program. The 1 Springfield Lioness have decided to continue their service to the community under a different name. Ms. Kennedy noted that as a "Founding Member" the Springfield Lioness were entitled to benefits relating to the Malahide Community Place. The new group requested Council's permission to continue with the Springfield Lioness Agreement as they were essentially the same group with a different name. The Council thanked the Group for all of their community work and dedication and wished 40 them good luck on their new endeavours. The Mayor advised that the Council would consider both requests. No. 20-384 Moved by: Max Moore Seconded by: Dominique Giguere THAT the presentation received from Kelly Pearson, on behalf of the Springfield Santa Claus Parade Committee, relating to the 2020 Santa Claus Parade, be received; AND THAT the presentation received from Rosemary Kennedy, on behalf of the Springfield Lioness Club, relating to changes in the Lioness program, be received. Carried. 7:41i7�if:3i Director of Physical Services Tender Award — Four Wheel Drive Tractor No. 20-385 Moved by: Mark Widner Seconded by: Chester Glinski THAT Report No. PS-20-46 entitled "Tender Award — Four Wheel Drive Tractor" be received; AND THAT the bid received from Delta Power Equipment, of St. Marys, Ontario, in the amount of $92,437.00 (plus applicable taxes), for the purchase of one new four wheel drive tractor complete with front mount hardware for a rotary sweeper, be accepted. Carried. - Malahide Distribution System — 2020 MECP Final Inspection Report No. 20-386 Moved by: Chester Glinski Seconded by: Mark Widner THAT Report No. PS-20-47 entitled "Malahide Distribution System - 2020 MECP Final Inspection Report" be received. is Carried. Director of Financial Services - 2021 Budget Committee Schedule The Deputy Mayor requested a budget template be provided to the Council prior to the budget meeting as requested previously. 20-183 No. 20-387 Moved by: Max Moore Seconded by: Dominique Giguere THAT Report No. FIN 20-14 titled "2021 Budget Committee Schedule" be received; AND THAT the following meeting schedule for the Budget Committee for 2021 Budget deliberations be approved: Thursday, October 29, 2020 @ 7:00 pm Thursday, November 12, 2020 @ 7:00 pm Thursday, December 10, 2020 @ 7:00 pm. Carried. REPORTS OF COMMITTEES/OUTSIDE BOARDS: In response to an inquiry, Mayor Mennill noted there were 31 connections to the livestream video for the Public Meeting that was held on September 30, 2020 related to the Aylmer Police Costing. In addition, there were 17 members of the public in attendance. He confirmed that there would be additional advertising/notices encouraging individuals to complete and submit the survey by October 15, 2020. Deputy Mayor Giguere confirmed that the survey would be published in the Aylmer Express to ensure the public has the opportunity to provide input. No. 20-388 Moved by: Mark Widner Seconded by: Chester Glinski THAT the following Reports of Committees/Outside Boards be noted and filed: (i) Police Costing Ad Hoc Working Group — Draft Minutes of September 14, 2020 (ii) Council Remuneration Review Committee — Draft Minutes of September 15, 2020. Carried. No. 20-389 Moved by: Dominique Giguere Seconded by: Max Moore THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated September 17 and 24, 2020. 2. Township of Wollaston — Resolution requesting the Ministry of Municipal Affairs and Housing to review the Municipal Elections Act and provide amendments to ensure loopholes are closed on any pay to play schemes. 3. Township of Loyalist — Resolution requesting Ministry of Transportation to support the Canadian Ferry Association's request that ferries be considered part of the local transit system and that lost revenue be eligible for reimbursement. 4. Township of North Glengarry and Township of Amaranth — Resolution requesting the Province to provide funding to increase full-time positions in place of casual and part-time labour in long term care homes and to regularly inspect long term care homes. (Malahide Township Council supported a similar Resolution on August 13, 2020.) 5. Town of Gravenhurst — Resolution supporting national designation of August 1st as Emancipation Day. 6. Town of Amherstburg — Resolution requesting Province to extend deadline for Website compliance with Accessibilities for Ontarians with Disabilities Act. 0 7. Town of Amherstburg — Resolution requesting Province to amend Schedule 11 of Bill 108 to remove the powers provided to the Local Planning Appeal Tribunal, retaining authority for hearing certain appeals by the Conservation Review Board; and, recommends the return of authority for final decisions to municipal council's as the elected representatives. 8. Township of Amaranth — Supporting 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. 9. Debbie France, Resident of Norfolk County — Correspondence requesting Federal and Provincial governments to provide standardized and enforceable legislation to fix loopholes in cannabis legislation. 10. Municipal Property Assessment Corporation (MPAC) — Correspondence setting out their pandemic support plan's three elements: controlling MPAC costs, supporting municipal priorities, and finding new ways to deliver services. 11. Ministry of Municipal Affairs and Housing — Correspondence regarding parkland dedication, development charges and the Community Benefits Charges Authority. 12. Elgin County Land Division Committee — Notice of Decision: - Severance Application E22/20 — Applicants David and Jacqueline Fehr relating to property at Part Lot 34, Concession 9, municipally known as 53250 College Line. - Severance Application E28/20 — Applicant MacVicar Farms Ltd. relating to property at Part Lot 24, Concession 12, municipally known as 46634 Ron McNeil Line. - Severance Application E30/20 — Applicants Robert, Jean and Jason Nicolson relating to property at Part Lot 12, Concession 5, municipally known as 49542 John Wise Line. - Severance Application E31/20 — Applicants Robert, Jean and Jason Nicolson relating to property at Part Lot 12, Concession 5, municipally known as 49664 John Wise Line. Carried. OTHER BUSINESS: County of Elgin — Contract Extension with Independent Resolutions Inc. 40 No. 20-390 Moved by: Chester Glinski Seconded by: Mark Widner THAT the correspondence received from the County of Elgin, dated September 11, 2020, regarding the Contract Extension for Integrity Commissioner/Closed Meeting Investigator/Ombudsman, be received. Carried. 20-185 - Future Council Meetings In response to an inquiry from Councillor Cerna, the Mayor advised that options to participate in future meetings is anticipated to be both in -person or by videoconference. The Mayor indicated that it was up to each individual to choose how they wished to participate. The Mayor indicated that options may change at any time depending on the Province's directives. doBY-LAWS: - By-law No. 20-50 — Third Reading of Taylor Drain Branch "C" No. 20-391 Moved by: Rick Cerna Seconded by: Max Moore THAT By-law No. 20-50, being a By-law to provide for Drainage works on the Taylor Drain Branch "C", be read a third time, finally passed, and be properly signed and sealed. Carried. - By-law No. 20-51 —Third Reading of S. Ryan Drain Branch "B" No. 20-392 Moved by: Chester Glinski Seconded by: Dominique Giguere THAT By-law No. 20-51, being a By-law to provide for Drainage works on the S. Ryan Drain Branch "B", be read a third time, finally passed, and be properly signed and sealed. Carried. - By-law No. 20-52 — Third Reading of County Road 24 Drain Branch "A" No. 20-393 Moved by: Mark Widner Seconded by: Max Moore THAT By-law No. 20-52, being a By-law to provide for Drainage works on the County Road 24 Drain Branch "A", be read a third time, finally passed, and be properly signed and sealed. Carried. - By-law No. 20-53 — Third Reading of Fuller Drain Branch "B" and "C" No. 20-394 Moved by: Chester Glinski Seconded by: Dominique Giguere THAT By-law No. 20-53, being a By-law to provide for Drainage works on the Fuller Drain Branch "B" and "C", be read a third time, finally passed, and be properly signed and sealed. Carried. - By-law No. 20-65 — Appointment of Independent Resolutions Inc. No. 20-395 Moved by: Rick Cerna Seconded by: Mark Widner 41aiEY• THAT By-law No. 20-65, being a By-law to extend the appointment of Independent Resolutions Inc. as the Closed Meeting Investigator and Integrity Commissioner. Carried. CONFIRMATORY: No. 20-396 Moved by: Mark Widner Seconded by: Max Moore THAT By-law No. 20-64, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. No. 20-397 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Council adjourn its meeting at 8:30 p.m. to meet again on October 15, 2020, at 7:30 p.m. Clerk — M. Casavecchia-Somers