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Regular Council Minutes - 2021/01/21ItAil6W The Corporation of the Township of Malahide January 21, 2021 — 7:30 p.m. The Malahide Township Council met via videoconference. The Deputy Clerk and Councillor S. Lewis were present in the Township Office, 87 John Street South, Aylmer, Ontario: 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. Council Members present in the Township Office and via Videoconference: Councillor S. Lewis. Staff via Videoconference: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Financial Services A. Mohile, Director of Fire and Emergency Services B. Smith, Director of Public Works M. Sweetland, Director of Development Services A. Betteridge, Drainage Superintendent B. Lopez, Manager of Building and By-laws/CBO S. Sutherland, and Manager of Information Technology C. Coxen. Staff present in Township Office and via Videoconference: Deputy Clerk D. Wilson. 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 (E)(ii) regarding the following Public Works Reports: - Report PS-21-04 — Drainage Update Report; and - Report PW-21-08 — Re -Appointment of Drainage Engineers. The nature of the conflict being that a Junior Partner at Spriet Associates is an immediate relative of his. Mayor Mennill disclosed a pecuniary interest with respect to Council Agenda Item (E) (ii) regarding Report No. PW-21-03 — Tender Results North VanWychen Drain. The nature of the conflict being that he is an assessed landowner on the drain. Councillor Glinski disclosed a pecuniary interest with respect to Council Agenda Item (E) (ii) regarding Report No. PS-21-03 — Tender Results North VanWychen Drain. The nature of the conflict being that he is an assessed landowner on the drain. MINUTES: Ob No. 21-23 Moved by: Rick Cerna Seconded by: Scott Lewis THAT the minutes of the regular meeting of the Council held on January 7, 2021 be adopted as printed and circulated. Carried. 21-24 • ELEGATIONS/PETITIONS: nners in S Kelly Pearson, Rosemary Kennedy, and Dawn McClintock, residents of Springfield, appeared before the Council to present a proposal to install Veteran's Banners in Springfield. Kelly Pearson advised that, together with Dawn McClintock and Rosemary Kennedy, they were working on a proposal to have Veteran's Banners erected on the hydro/streetlight poles in Springfield to honour and recognize the servicemen and women of the area that have served Canada. She advised that this project would require the sponsorship of each banner by a family, business or community member. Kelly Pearson requested the permission and assistance of the Township for the annual installation and removal of the Veteran's Banners from the poles. They noted that once the banding was installed on the poles, it would provide the Township with the opportunity to add other seasonal banners. Councillor Moore suggested that the Municipal Staff review existing agreements with Ontario Hydro regarding the usage of the hydro poles in Springfield. No. 21-24 Moved by: Max Moore Seconded by: Chester Glinski THAT the presentation received from Kelly Pearson, Dawn McClintock, and Rosemary Kennedy relating to a Veteran's Banner Proposal for Springfield be received; AND THAT the proposal be referred to Municipal Staff for further review and consideration andla report back to the Council at a future meeting. Carried. The Mayor thanked! Kelly Pearson, Dawn McClintock, and Rosemary Kennedy for their presentation and they retired from the meeting. :44091- r of F Se - Emergency Services Activity Report - December No. 21-25 Moved by: Mark W`dner Seconded by: Sett Lewis THAT Report No. p-21-01 entitled "Emergency Services Activity Report -December" be received. Carried. Director of Public Works Councillor Widner declared a conflict of interest with respect to Council Agenda Item E (ii) relating the Drainage Update Report and the Re -Appointment of Drainage Engineers — Various Drains, retired from the meeting, and abstained from all discussions and voting on the matter. - Drainage Update Report No. 21-26 Moved by: Rick Corna 11 21-25 Seconded by: Max Moore THAT Report No. PW-21-04 entitled "Drainage Update Report" be received. Carried. Re -Appointment of Drainage Engineers — Various Drains No. 21-27 Moved by: Max Moore Seconded by: Scott Lewis THAT Report No. PW-21-08 entitled "Re -appointment of Drainage Engineers — Various Drains" be received; AND THAT Mike Devos, P.Eng, of Spriet Associates London Ltd., be re -appointed to prepare an Engineer's Report for the Woolleyville Line Drain (Township of Malahide petition); AND THAT John M. Spriet, P.Eng, of Spriet Associates London Ltd., be re- appointed to prepare an Engineer's Report for the Candy Drain (Penner petition); AND THAT John M. Spriet, P.Eng, of Spriet Associates London Ltd., be re- appointed to prepare an Engineer's Report for the Staley Drain; AND THAT Andrew Gilvesy, P. Eng., of Cyril J. Demeyere Limited, be re -appointed to prepare an Engineer's Report for the Cook Drain (Aylmer Evangelical Mennonite Mission Church and Banman petition); AND THAT Peter Penner, P. Eng., of Cyril J. Demeyere Limited, be re -appointed to prepare an Engineer's Report for the Thompson Drain — Branches D & E; AND THAT Mike Devos, P.Eng, of Spriet Associates London Ltd., be re -appointed to prepare an Engineer's Report for the Maginnis Drain (Lankhuijzen petition). AND THAT John M. Spriet, P.Eng, of Spriet Associates London Ltd., be re- appointed to prepare an Engineer's Report for the Hiepleh-Dance Drain (Township of Malahide petition). Carried. Councillor Widner resumed his seat in the Videoconference Council meeting. Mayor Mennill vacated the Chair and Deputy Mayor Giguere assumed it. - Tender Results — North VanWychen Drain Cleanout Mayor Mennill and Councillor Glinski declared a conflict of interest with respect to Council Agenda Item E (ii) relating the Tender Results — North VanWychen Drain Cleanout, retired from the meeting, and abstained from all discussions and voting on the matter. 40 21-26 No. 21-28 Moved by: Scott Lewis Seconded by: Ri k Cerna THAT Report No. PW-21-03 entitled "Tender Results — North VanWychen Drain Cleanout" be recelived: AND THAT the tender for the North VanWychen Drain Cleanout be awarded to Laemers Excavating, in the amount of $11,500.00 (exclusive of HST). Carried. Mayor Mennill and Councillor Glinski resumed their seats in the Videoconference Council meeting and Mayor Mennill resumed the Chair. - Contract ;Award 2021-2023 Parks and Lawn Maintenance No. 21-29 Moved by: Max Moore Seconded by: Dominique Giguere THAT Report No.P�W-21-07 entitled "Contract Award 2021-2023 Parks and Lawn Maintenance" be received; AND THAT the 2021-2023 Township Parks and Lawn Maintenance tender be awarded to Janzer�s Lawncare, of Aylmer, Ontario, at a cost of $1,745.00 per cut & landscape maintenance (plus HST), for all of the Township properties; AND THAT the Ma or and the Clerk be authorized and directed to take the necessary actions to enter into an agreement with Janzen Lawncare with respect to the Township's Parks and Lawn Maintenance Contract for the 2021, 2022, and 2023 seasons. Carried. - Port Bruce Temporary Boat Launch Removal Consideration No. 21-30 Moved by: Scott Lewis Seconded by: Max Moore THAT Report No. PW-21-05 entitled "Port Bruce Temporary Boat Launch Removal Consideration" be received; AND THAT the Township Staff be directed to advise Elgin County Council that the Township of Malahide Council recommends the removal of the temporary boat launch located on he north side of Catfish Creek on Bank Street in Port Bruce, consistent with th requirements of the agreement between Elgin County and the Ministry of Natural Resources and Forestry; AND THAT Township Staff be directed to notify the Port Bruce Ratepayers Association of thi; decision. Carried. - Reduced Load Exemption Consideration No. 21-31 Moved by: Domini�ue Giguere Seconded by: Rick Cerna THAT Report No. PEW-21-06 entitled "Reduced Load Exemption Consideration" be received; 21-27 AND THAT Township Staff be requested to notify Antonissen Trucking of the recommended criteria, as outlined in this report, to allow for the removal of reduced loading restrictions on a subject road segment; AND THAT Township Staff be directed to prepare an appropriate application form and fee schedule to allow a proponent to apply for the removal of reduced loading restrictions from a subject roadway, consistent with the criteria described in this report. GoCarried. - Contract Award 2021 — 2027 Curbside Waste Collection In response to a request from the Mayor, the Council agreed to postpone consideration of Report No. PW-20-01 until later in the meeting in order for the Council to receive legal advice in Closed Session. Director of Development Services - 2020 Building Permit Activity Report No. 21-32 Moved by: Scott Lewis Seconded by: Rick Cerna THAT Report No. DC-21-06 entitled "2020 Building Permit Activity Report" be received. Carried. - Supplementary Building Code Consultant Service No. 21-33 Moved by: Max Moore Seconded by: Mark Widner THAT Report No. DS-21-05 entitled "Supplementary Building Code Consultant Service" be received; AND THAT the Municipal Staff be authorized to utilize RSM Building Consultants to provide support services to the Building Services Department on an as -needed basis as outlined in this report; AND THAT the Mayor and Clerk be authorized and directed to execute the necessary documents to engage the services of RSM Building Consultants. Carried. - Wireless Telecommunication Tower — Request for Township Support No. 21-34 Moved by: Scott Lewis Seconded by: Rick Cerna THAT Report No. DS-21-07 entitled "Wireless Telecommunication Tower — Request is for Township Support" be received; AND THAT the Council of the Township of Malahide does hereby support the installation of the proposed Telecommunication Tower by Signum Wireless to be located at Part of Lots 22 and 23, Concession 10, and municipally known as 51549 Ron McNeil Line. Carried. Financial - Applications for Assessment Adjustments under Section 357 of the Municipal Act, 2001. AND THAT, pursuant to Section 357 (a) and (d) of the Municipal Act, 2001, the following assessments be adjusted: ® 2019 Re idential Assessment — reduce by $ 527,558 (tax class change — residenti I to farm) • 2019 Far land Assessment —increase by $489,985 (tax class change — residenti l to farm and reduced farm value) • 2020 Farmland Assessment — decrease by $10,000 (removal of a greenho � se) • 2020 Industrial Assessment — decrease by $65,700 (removal of a bakery no longer operating) • 2020 Residential Assessment — increase by $65,700 (bakery removal tax class change industrial to residential). Carried. REPORTS OF COMMITTEEWOUTSIDE BOARDS: No. 21-36 Moved by: Max MQQ� ore Seconded by: Rick Cerna THAT the following Reports of Committees/Outside Boards be noted and filed: (i) Long Point Region Conservation Authority Board of Directors — Minutes of December 2, 2020. Carried. CORRESPONDENCE: No. 21-37 Moved by: Mark drier Seconded by: Dominique Giguere THAT the MunicipaIlity of Charlton and Dack and Township of Larder Lake Resolutions reque ting the Province to address seven insurance issues including replacement of joiiTt and several liability; and investigate the unethical practice of preferred vendors, The supported. Carried. No. 21-38 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 January 7 and 14, 2021. 21-29 2. Region of Peel and Township of Huron-Kinloss — Resolution requesting the Province to amend the Assessment Act to provide a full property tax exemption to veterans' clubs retroactive to January 1, 2019. 3. Municipality of West Grey — Resolution requesting the Province to repeal Schedule 8 of Bill 229 relating to species at risk 4. Town of Aylmer — Notice of Passing Official Plan Amendment No. 20 40 regarding the updating of the Town's Official Plan. 5. Kettle Creek Conservation Authority — Notice of Meeting for Levy Approval. Carried. OTHER BUSINESS: - Zoning Infraction at 11620 Springfield Road In response to an inquiry from Councillor Moore regarding an alleged illegal business operating at 11620 Springfield Road, the Chief Building Official confirmed that he had received complaints in the past regarding a business operating at that property. He noted that he has and will again follow up with the property owner to ensure compliance with Township by-laws. - Request for Permanent Bag Tags In response to an inquiry from Councillor Cerna for consideration of permanent bag tags rather than ones that expire at the end of each year, the Chief Administrative Officer/Clerk advised that implementing permanent tags was considered as a part of the Waste Management Master Plan Review. However, such a change was not recommended to the Council for implementation as there was insufficient information to support such a change. She indicated that Staff are hoping to undertake a promotion once the pandemic is over to ascertain how many residents had excess tags each year in order to determine whether changing to permanent tags is warranted. The Director of Finance indicated that while there may be some residents that have excess tags, there appeared to be a larger number of residents that needed to purchase additional bag tags each year in late November and December as they have used up all of their annual allotment. - Railway Crossings — Stop Signs In response to an inquiry from Councillor Cerna regarding stop signs at railway crossings, the Director of Public Works indicated that, until the Township receives official communication from the railway that certain railway lines have been decommissioned, the stop signs at railway crossings are required to remain in place. BY-LAWS: - By-law No. 21-10 —Appoint Building Officials No. 21-39 Moved by: Max Moore Seconded by: Rick Cerna THAT By-law No. 21-10, being a By-law to appoint Building Officials under the Building Code Act, be given first, second and third readings, and be properly signed and sealed. Carried. 21-30 CLOSED SES No. 21-40 Moved by: Mark idner Seconded by: Rick Cerna THAT Council moi✓e into Closed Session at 8:55 p.m., pursuant to Section 239(2) of the Municipal Act,IG 2001, as amended, to discuss the following: (i) Personal Matter about an Identifiable Individual relating to Malahide Fire Services (Volunteer Firefighter attendance). (ii) Litigition or potential litigation, including matters before admit istrative tribunals, affecting the municipality or local board, relating to procurement process. Carried. No. 21-41 Moved by: Max Moore Seconded by: Rick Cerna THAT Council mo' a out of Closed Session and reconvene at 9:35 p.m. in order to contin a with its deliberations. Carried. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a Personal Matter about an Identifiable Individual, including municipal or local board employees relating to Malahide Fire Services Volunteer Firefighter attendance. There is nothing further to report. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, relating to procurement process. - Contract Award — 2021 — 2027 Curbside Waste Collection In response to an inquiry from Councillor Widner regarding the need to provide larger blue boxes due to the proposed bi-weekly pickup of certain recyclables, the Director of Public Works advis d that the need for additional or larger blue boxes was not contemplated at thi time. He noted that it is hoped that the new program will result in more recyclables going into the recycling stream. In response to an inq uiry from Deputy Mayor Giguere regarding a review of the collection routes, the Director of Public Works advised that, input from the public may be considered if it continues to be economical for the contractor. No. 21-42 Moved by: Scott L�ewis Seconded by: Ric C Cerna THAT Report No.W-20-01 entitled "Contract Award 2021 — 2027 Curbside Waste Collection" be received; AND THAT the contract for the 2021-2027 Curbside Waste and Recycling Collection Program be award d to Millar Waste Systems, of London, Ontario, in the amount of $549,974.48 per year subject to annual CPI adjustment (excluding applicable taxes); AND THAT the Mayor and Clerk be authorized to enter into a 7 year contract for the collection of curbside garbage and recycling, leaf and yard waste, and bulk bin collection for the 2021-2027 period; it being noted that the contract allows the 7 • 21-31 Council an option to negotiate with the Contractor for 2 one-year extension periods if it so chooses; Em AND THAT any resulting shortfall in the 2021 Waste Management Budget be funded from the Operati g Capital Reserve. Carried. CONFIRMATORY: No. 21-43 Moved by: Max Moore Seconded by: Rick Cerna THAT By-law No. 21-09, being a Confirmatory By-law, be given first, second and third readings, a�d be properly signed and sealed. Carried. ADJOURNMENT:I No. 21-44 Moved by: Che;;irk er Glinski Seconded by: Widner THAT the Council adjourn its meeting at 9:45 p.m. to meet again on February 4, 2021, at 7:30 p.m,11 Carried--) Ml Clerk — M. Casavelcchia-Somers