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Regular Council Minutes - 2020/10/1520-193 The Corporation of the Township of Malahide October 15, 2020 — 7:30 p.m. Due to COVID 19 and Public Health concerns, the Malahide Township Council met at the 40 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, Councillor S. Lewis, and Councillor C. Glinski. Council via Videoconference: Councillor R. Cerna. Staff: Information Technology Manager C. Coxen, Director of Financial Services A. Mohile, and Deputy Clerk D. Wilson. Staff Members via Videoconference: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Physical Services M. Sweetland, 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. No declarations of pecuniary interest were declared. i�ff*3 No. 20-403 Moved by: Rick Cerna Seconded by: Max Moore THAT the minutes of the regular meeting of the Council held on October 1, 2020 be adopted as printed and circulated. Carried. No. 20-404 Moved by: Mark Widner Seconded by: Scott Lewis THAT the minutes of the special meeting of the Council held on September 30, 2020 be adopted as printed and circulated. Carried. 49 PRESENTATIONS/DELEGATIONS/PETITIONS: Public Meeting — Zoning By-law Amendment, as submitted by Kenneth, Anthony and Mary Stover, relating to property at Part Lots 28 and 29, Concession 3, Geographic Township of Malahide. No. 20-405 Moved by: Chester Glinski Seconded by: Mark Widner ►text RL'I THAT the Public Meeting concerning the Zoning By-law Amendment Application of Kenneth, Anthony, and Mary Stover, relating to the property located at Part Lots 28 and 29, Concession 3, be called to order at 7:32 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 52371 Calton Line, to amend the zoning on a surplus farm dwelling lot proposed to be severed. 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 23 and 30, 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 a surplus farm dwelling lot proposed to be severed, which contains a single detached dwelling, from the Special Agricultural (A2) zone to the Small Lot Agricultural (A4) zone, to permit the use of the proposed lot for residential purposes. The lot comprises an area of approximately 2,262.9 square metres (0.6 acres), a frontage of 31 metres (102 feet) and a depth of 72.9 metres (239 feet). The zoning of the retained farm parcel, comprising an area of 60 hectares (148 acres), a frontage of 289 metres (948 feet) and a depth of 1,007 metres (3,304 feet) is proposed to remain zoned Special Agricultural (A2) zone. The changes in zoning is being requested to fulfill conditions of Application for Consent E15-20 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. 20-406 Moved by: Scott Lewis Seconded by: Chester Glinski THAT the Public Meeting relating to Zoning By-law Amendment Application of Kenneth, Anthony, and Mary Stover relating to the property located at Lots 28 and 29, Concession 3, be adjourned and the Council meeting reconvene at 7:35 p.m. Carried. No. 20-407 Moved by: Max Moore Seconded by: Dominique Giguere THAT By-law No. 20-65, being a By-law to amend Zoning By-law No. 18-22, insofar as it relates to the property owned by Kenneth, Anthony, and Mary Stover, located at Part Lots 28 and 29, Concession 3, be given first, second and third readings, and properly signed and sealed. Is Carried. Public Meeting — Minor Variance, as submitted by John and Annie Wall, relating to property at 53226 Heritage Line. No. 20-408 Moved by: Chester Glinski Seconded by: Mark Widner 20-195 THAT the Committee of Adjustment for the Township of Malahide be called to order at 7:38 p.m. and that Mayor Dave Mennill be appointed Chairperson for the "Committee of Adjustment". Carried. Chair Mennill advised that the purpose of this Public Meeting is to consider an application 40 for a Minor Variance as submitted by John and Annie Wall, Chair Mennill requested the Clerk to provide an overview of the application. The Clerk advised that the purpose and effect of this variance is to grant relief from the Small Lot Agricultural (A4) Zone and applicable regulations in the Township of Malahide Zoning By- law No. 18-22, requiring a maximum floor area of 200 square metres (2,153 square feet) for an accessory building (Section 5.2.1). The variance will permit the enclosure of a roof shelter (measuring 9.14 metres x 8.28 metres) at the rear of an existing barn such that the building is increased in floor area to approximately 367.1 square metres (3,952 square feet). Chair Mennill asked the Applicant and/or their agent to provide any additional Information and there was none. Chair Mennill asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that no comments were received. Chair Mennill asked if any person in attendance wished to make any comments regarding the application and there were none. Chair Mennill inquired if any Committee Members had any questions regarding the application and there were none. Chair Mennill advised that the Committee will consider all comments received when making its final decision on the application C•WUM,111;'1, Moved by: Scott Lewis Seconded by: Chester Glinski THAT Report No. DCS-20-28 entitled "Minor Variance Review — 53226 Heritage Line" be received; AND THAT, notwithstanding that Section 5.2.1 of Zoning By-law No. 18-22 states that accessory buildings are not to exceed 200 square metres (2,153 square feet) for lands in the Small Lot Agricultural (A4) Zone, the Minor Variance Application of John & Annie Wall relating to the property located at 53226 Heritage Line, 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 367.1 square metres (3,952 square feet), be granted. Carried. Public Meeting — Minor Variance, as submitted by Jim and Rita Robinson, relating to property at 11181 Springwater Road. Chair Mennill advised that the purpose of this Public Meeting is to consider an application for a Minor Variance as submitted by Jim and Rita Robinson. Chair Mennill requested the Clerk to provide an overview of the application. The Director advised that the purpose and effect of this variance is to grant relief from the Hamlet Residential (HR) Zone and applicable regulations in the Township of Malahide Zoning By- law No. 18-22, requiring that accessory buildings not be erected in a front yard and not be closer to the road than the dwelling is to that road (Section 6.3.2). The variance will permit the construction of a detached garage (measuring 7.62 metres x 15.24 metres) in a front yard, i.e. facing Springwater Road, closer to that road than the existing dwelling. 20-196 Chair Mennill asked the Applicant and/or their agent to provide any additional Information and there was none. Chair Mennill asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that correspondence was received from the Catfish creek Conservation Authority indicating no objections. Chair Mennill asked if any person in attendance wished to make any comments regarding the application and there were none. 0 Chair Mennill inquired if any Committee Members had any questions regarding the application and there were none. Chair Mennill advised that the Committee will consider all comments received when making its final decision on the application. No. 20-410 Moved by: Rick Cerna Seconded by: Mark Widner THAT Report No. DCS-20-29 entitled "Minor Variance Review —11181 Springwater Road" be received; AND THAT, notwithstanding that Section 6.3.2 of Zoning By-law No. 18-22 states that accessory buildings not be erected in a front yard and not be closer to the road than the dwelling is to that road, the Minor Variance Application of Jim & Rita Robinson relating to the property located at 11181 Springwater Road, to allow relief of an accessory building being built in a front yard and/or closer to the road than the dwelling is to the road, be granted. Carried. No. 20-411 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT the Committee of Adjustment for the Township of Malahide be adjourned and the Council meeting reconvene at 7:42 p.m. Carried. Delegation — Sebastian DeSouza, on behalf of Residents in Putnam Road/Avon Drive area regarding speeding concerns. Sebastian DeSouza, on behalf of residents in the Putnam Road/Avon Drive area, appeared before the Council to express their concerns regarding speeding in the area. Mr. DeSouza presented a Petition to the Council containing approximately 20 signatures requesting the Council to consider speed control measures to mitigate potential accidents. Mr. DeSouza advised the Council that speeding occurred in the village at all times as well as transports using their jake breaks in the village. He noted that the village is a 50 km speed limit but that motorists are not adhering to the limit. Mr. DeSouza noted that he was concerned for the safety of pedestrians, children, elderly, and pets. He also requested consideration to install sidewalks, streetlights, and have bulk waste pick-up. Glen Hawco appeared before the Council in support of Mr. DeSouza's request. He noted that when OPP are in the area, the speeding is reduced, but without their presence speeding becomes a problem. He suggested options to reduce the speeding such as installing speed bumps and photo radar. Councillor Cerna noted that lowering speed limits without enforcement does not reduce speeding. He stated that police officers need to be present to reduce speeding. 20-197 Councillor Glinski indicated that this issue was discussed in the past. He noted that four- way stops seemed to be successful in other similar areas and asked Municipal Staff to consider them in their report. Councillor Moore agreed with the four-way stop but noted that another municipality was involved and that notification should be sent to Thames Centre. Mr. DeSousa indicated that he would be happy with a four-way stop and a flashing light. Richard Frank appeared before the Council and stated that he would like to see the trucks slowed down. He noted that the transport truck traffic was heavy in the area as truck drivers were using these roads to avoid the Ministry of Transportation (MTO) scales. He suggested the MTO be notified of the heavy truck usage in the area. No. 20-412 Moved by: Max Moore Seconded by: Dominique Giguere THAT the presentation received from Sebastian DeSouza expressing concerns relating to speeding vehicles in the Putnam Road/Avon Drive area be received. AND THAT the Municipal Staff be directed to review the concerns further and report back to the Council at a future meeting with respect to any recommended actions. Carried. The Mayor thanked Mr. DeSouza and others for their presentation. Director of Financial Services - Budget Templates Deputy Mayor Giguere requested that additional information to be included in the template including the actual numbers from the previous year, information on the end of the previous year and quarterly report information. No. 20-413 Moved by: Scott Lewis Seconded by: Dominique Giguere THAT Report No. FIN 20-15 entitled "Budget Templates" be received. Carried. - COVID-19 Related Administrative Process Changes AND THAT, the 2020 annual payment for the Malahide Community Place Concession Booth contract be waived and that the existing contract be extended for 2 years with revised rates for 2021 and 2022 of $7,000.00 and $8,000.00 respectively; AND THAT the issuance and mail out of permanent dog tags with annual invoicing be approved for implementation in 2021. 1 •: Carried. - 2020 Third Quarter Financial Review Councillor Widner requested that future reports include details to ensure the Council were aware of which vehicles the report was referring to. Deputy Mayor Giguere requested a listing of any shortfalls that have occurred because of the pandemic. No. 20-415 Moved by: Mark Widner Seconded by: Max Moore THAT Report No. FIN 20-17 entitled "2020 Third Quarter Financial Review" be received. Carried. Chief Administrative Officer/Clerk - 2021 Council Meeting Schedule No. 20-416 Moved by: Rick Cerna Seconded by: Max Moore THAT Report No. CAO-20-14 entitled "2021 Council Meeting Schedule" be received; AND THAT the attached schedule of regular Council Meeting dates for the 2021 calendar year be approved; AND THAT the Municipal Staff be requested to post such schedule on the municipal website. Carried. COMMITTEES/OUTSIDE BOARDS: No. 20-417 Moved by: Chester Glinski Seconded by: Scott Lewis THAT the following Reports of Committees/Outside Boards be noted and filed: 1. Long Point Region Conservation Authority Board of Directors — Minutes of September 2, 2020. Carried. CORRESPONDENCE: No. 20-418 Moved by: Mark Widner Seconded by: Dominique Giguere THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated October 1 and 8, 2020. 01 20-199 2. Town of Wasaga Beach — Correspondence to the Premier regarding unauthorized car rallies and suggested deterrents for future rallies. 3. Ministry of Municipal Affairs and Housing — Safe Restart Agreement. 4. Township of North Glengarry — Resolution requesting the Province to allow capital expenditures under the Safe Restart Program. 5. Lake of Bays — Correspondence to Province requesting reform to ObMunicipal Insurance Policy. 6. Association of Municipalities of Ontario (AMO) — Annual Report on the Federal Gas Tax Fund. 7. Minister of Solicitor General — Ministry's Anti -Racism Initiatives. 8. County of Wellington — Correspondence and draft Resolution requesting Province to work with MPAC to review assessments for aggregate resource properties. 9. Township of Asphodel -Norwood — Resolution regarding Cannabis requesting the Province to take a unified approach to land use planning restrictions, enforce regulations and communicate with local municipalities. 10. Municipality of Central Elgin — Notice of Proposed Zoning By-law Amendment relating to the following properties: - 220 Prospect Street, Port Stanley. - 42025 McBain Line. 11.Town of Aylmer — Public Hearing relating to a Minor Variance Application for the property located at 206 Sydenham Street East. Carried. BY-LAWS: - By-law No. 20-54 — Third Reading of Underhill Drain No. 20-419 Moved by: Chester Glinski Seconded by: Scott Lewis THAT By-law No. 20-54, being a By-law to provide for Drainage works on the Underhill Drain, be read a third time, finally passed and be properly signed and sealed. Carried. CLOSED SESSION: No. 20-420 Moved by: Dominique Giguere doSeconded by: Scott Lewis THAT Council move into Closed Session at 8:20 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. Carried. No. 20-421 Moved by: Max Moore 1 11 Seconded by: Dominique Giguere THAT Council move out of Closed Session and reconvene at 8:32 p.m. in order to continue with its deliberations. Carried. The Mayor advised that during the Closed Session the Municipal Staff was given direction regarding a Labour Relations or Employee Negotiations matter relating to Staffing. There was nothing further to report. CONFIRMATORY: No. 20-422 Moved by: Scott Lewis Seconded by: Rick Cerna THAT By-law No. 20-67, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 20-423 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Council adjourn its meeting at 8:34 p.m. to meet again on November 5, 2020, at 7:30 p.m. \/V1 Clerk — M. Casavecchia-Somers