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Regular Council Minutes - 2020/09/0320-153 The Corporation of the Township of Malahide September 3, 2020 — 7:30 p.m. The Malahide Township Council met via videoconference. The Manager of Information Technology and the Deputy Clerk were present in the Council Chambers located in the Springfield & Area Community Service Building, at 51221 Ron McNeil Line, Springfield. do 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, and Councillor M. Widner. Staff present in Council Chamber: Manager of Information Technology C. Coxen and Deputy Clerk D. Wilson. Staff via Videoconference: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Financial Services A. Mohile, Director of Fire and Emergency Services B. Smith, and Drainage Superintendent B. Lopez. Absent with regret: Councillor S. Lewis. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTEREST and the General Nature thereof: No declarations of pecuniary interest were declared. MINUTES: No. 20-306 Moved by: Max Moore Seconded by: Rick Cerna THAT the minutes of the regular meeting of the Council held on August 13, 2020 be adopted as printed and circulated. Carried. No. 20-307 Moved by: Mark Widner Seconded by: Chester Glinski 4p THAT the minutes of the special meeting of the Council held on August 18, 2020 be adopted as printed and circulated. Carried. DELEGATIONS/PRESENTATIONS/PETITIONS: - Meeting to Consider— Underhill Drain Drainage Engineer, Brad Bunke, of GM BluePlan Engineers, appeared before the Council to present the Drainage Engineer's Report, dated August 4, 2020, regarding the Underhill Drain 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. In response to an inquiry from Councillor Widner, the Engineer advised that the old drain will not be removed but rather will be plugged for cost savings. 0 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. No. 20-308 Moved by: Rick Cerna Seconded by: Mark Widner THAT the Engineer's Report for the Underhill Drain, as prepared by GM Blueplan and 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. Carried. No. 20-309 Moved by: Max Moore Seconded by: Chester Glinski THAT the Court of Revision for the Underhill Drain be scheduled to be held on October 1, 2020 at 7:30 p.m. Carried. No. 20-310 Moved by: Dominique Giguere Seconded by: Rick Cerna THAT the tenders for the construction of the Underhill Drain be requested for September 24, 2020 at 11:00 a.m. Carried. The Mayor thanked the Engineer for his presentation and he retired from the meeting. - Minor Variance Application as submitted by Marty Shain relating to property at 57-13570 Imperial Road. No. 20-311 Moved by: Mark Widner Seconded by: Max Moore THAT the Committee of Adjustment for the Township of Malahide be called to order at 7:41 p.m. and that Mayor Dave Mennill be appointed Chairperson for the "Committee of Adjustment". is Carried. Chair Mennill advised that the purpose of this Public Meeting is to consider an application for a Minor Variance, as submitted by Marty Shain, relating to the property located at Part Lot 12, Concession 10, Malahide, municipally known as 57-13570 Imperial Road. Chair Mennill requested the Chief Administrative Officer to provide an overview of the application. The CAO advised that the purpose and effect of this variance is to grant 20-155 relief from the Mobile Home Park (MH) Zone and applicable regulations in the Township of Malahide Zoning By-law No. 18-22, requiring that an accessory building not exceed a maximum floor area of 20 square metres (215 square feet). The variance will permit the construction of an accessory building, described as a garage/shop, measuring 8.5 metres x 5.5 metres (28 feet x 18 feet) and having a floor area of 46.8 square metres (504 square feet). The subject lands (i.e. mobile home site) are occupied by an existing mobile home. The proposed garage/shop to be constructed south of the mobile home facing Poplar Avenue. Chair Mennill asked the Deputy Clerk to provide any comments received from the 49 circulated agencies and landowners, or from the Applicant and/or their agent. The Deputy Clerk advised that correspondence was received from the Catfish Creek Conservation Authority indicating no objections. 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. Moved by: Mark Widner Seconded by: Rick Cerna THAT Report No. DCS-20-24 entitled "Minor Variance Review — 57 Poplar Avenue - 13570 Imperial Road" be received; 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. Carried. No. 20-313 Moved by: Dominique Giguere Seconded by: Mark Widner THAT the Committee of Adjustment for the Township of Malahide be adjourned and the Council meeting reconvene at 7:45 p.m. Carried. N.4-0-T1.199 of Physical Services Postponement of Court of Revision — Taylor Drain Branch "C" Carried. - Postponement of Court of Revision — S. Ryan Drain Branch "B" No. 20-315 Moved by: Dominique Giguere 20-156 Seconded by: Mark Widner THAT the Court of Revision for the S. Ryan Drain Branch B be postponed to September 17, 2020. Carried. - Postponement of Court of Revision — County Road 24 Drain Branch "A" No. 20-316 Moved by: Max Moore Seconded by: Chester Glinski THAT the Court of Revision for the County Road No. 24 Drain Branch A be postponed to September 17, 2020. Carried. - Postponement of Court of Revision — Fuller Drain Branches "B" & "C No. 20-317 Moved by: Rick Cerna Seconded by: Max Moore THAT the Court of Revision for the Fuller Drain Branch B & C be postponed to September 17, 2020. Carried. REPORTS OF COMMITTEES/OUTSIDE BOARDS: No. 20-318 Moved by: Dominique Giguere Seconded by: Max Moore THAT the following Reports of Committees/Outside Boards be noted and filed: (i) Council Remuneration Review Committee Draft Minutes — August 25, 2020. Carried. CORRESPONDENCE: No. 20-319 Moved by: Mark Widner Seconded by: Rick Cerna THAT the Township of Huron-Kinloss resolution supporting Township of Mapleton requesting Province to undertake a review of the Farm Property Tax Class Rate Program be supported. Carried. 40 No. 20-320 Moved by: Mark Widner Seconded by: Rick Cerna THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated August 13, 20, and 27, 2020. 20-157 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 every year as "Emancipation Day". 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. so4. 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. 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.) 6. 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. 7. 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). 8. Port Bruce Ratepayers Association — Correspondence thanking the Township of Malahide for supporting their community. 9. 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. 10. 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 to property at 53233 Nova Scotia Line — Notice of Decision. Carried. BY-LAWS: - By-law No. 20-57 — Agreement with Coldstream Concrete for Culverts No. 20-321 Moved by: Max Moore Seconded by: Rick Cerna THAT By-law No. 20-57, being a By-law to authorize the execution of an Agreement with 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. Carried. 20-158 CLOSED SESSION: No. 20-322 Moved by: Dominique Giguere Seconded by: Chester Glinski THAT Council move into Closed Session at 7:58 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 Development & Community Services Department. Carried. No. 20-323 Moved by: Mark Widner Seconded by: Rick Cerna THAT Council move out of Closed Session and reconvene at 9:02 p.m. in order to continue with its deliberations. Carried. No. 20-324 Moved by: Max Moore Seconded by: Rick Cerna THAT the Municipal Staff be authorized and directed to initiate a recruitment process for a Director of Development Services. 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. CONFIRMATORY: No. 20-325 Moved by: Dominique Giguere Seconded by: Mark Widner THAT By-law No. 20-55, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 20-326 Moved by: Mark Widner Seconded by: Chester Glinski THAT the Council adjourn its meeting at 9:05 p.m. to meet again on September 17, 2020, at 7:30 p.m. 40 Carried 0 — D. Mennil Clerk — M. Casavecchia-Somers