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Regular Council Minues - 2021/02/0420-32 The Corporation of the Township of Malahide February 4, 2021 — 7:30 p.m. The Malahide Township Council met via vdeoconference. The Deputy Clerk was present in the Township Office, 87 John Street South, Aylmer, Ontario. Due to COVID-19 and public health concerns, public attendance was not permitted at this is 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 S. Lewis, and Councillor M. Widner. 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 Information Technology C. Coxen, and 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 the following Council Agenda Items: (D) (i) Meeting to Consider — J. A. Charlton Drain 2020. (E) (ii) Public Works Report — Request for Drain Improvement: McIntyre Drain. The nature of the conflict being that a Junior Partner at Spriet Associates is an immediate relative of his. MINUTES: No. 21-45 Moved by: Rick Cerna Seconded by: Max Moore THAT the minutes of the regular meeting of the Council held on January 21, 2021 be adopted as printed and circulated. Carried. PRESENTATIONS/DELEGATIONS/PETITIONS: is - Meeting to Consider — J. A. Charlton Drain 2020 relating to property at Part Lots 6 and 7, Concession 7, Geographic Township of South Dorchester. Councillor Widner declared a conflict of interest with respect to Council Agenda Item D (i) relating to the J. A. Charlton Drain 2020, retired from the meeting and abstained from all discussions and voting on the matter. 20-33 Drainage Engineer, Mike Devos, of Spriet Associates, appeared before the Council to present the Drainage Engineer's Report, dated November 25, 2020, regarding the J. A. Charlton Drain 2020 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. 41 No. 21-46 Moved by: Scott Lewis Seconded by: Chester Glinski THAT the Engineer's Report for the J. A. Charlton Drain 2020, as prepared by Spriet Associates and dated November 25, 2020, be accepted; AND THAT By-law No. 21-12, being a by-law to provide for the J. A. Charlton Drain 2020 drainage works, be read a first and second time and provisionally adopted. Carried. Moved by: Rick Cerna Seconded by: Dominique Giguere THAT the Court of Revision for the J. A. Charlton Drain 2020 be scheduled to be held on March 4, 2021, at 7:30 p.m. Carried. No. 21-48 Moved by: Max Moore Seconded by: Rick Cerna THAT the tenders for the construction of the J. A. Charlton Drain 2020 be requested for February 25, 2021 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 Videoconference Council meeting. Public Meeting — Zoning By-law Amendment, as submitted by Gregory Max Underhill, relating to property at Part Lot 25, Concession 2, Geographic Township of Malahide. No. 21-49 Moved by: Scott Lewis Seconded by: Chester Glinski THAT the Public Meeting concerning the Zoning By-law Amendment Application of Gregory Max Underhill, relating to the property located at Part Lot 25, Concession 2, be called to order at 7:35 p.m. Carried. 0 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 5031 Sawmill Road from the Special Agricultural (A2) Zone to the Small Lot Agricultural (A4) 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 January 13 and 20, 2021. In addition, affected property owners 20-34 within 120 metres were sent a notice by prepaid first class mail that was posted at least twenty days prior to this meeting. Mayor Mennill requested the Director of Development Services to provide an overview and of the application together with any comments received. The Director 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 would comprise an area of approximately 2998.4 square metres. 49 The Director advised that the zoning of the retained farm parcel, comprising an area of approximately 40 hectares (98 acres) is proposed to remain within the Special Agricultural (A2) Zone, and prohibit the establishment of any residential dwelling in accordance with Provincial planning directives. The Director noted that the change in zoning for the severed parcel is being requested to fulfil conditions of Application for Consent E42/20 granted by the County of Elgin Land Division Committee. The Director advised that one piece of correspondence was received from Catfish Creek Conservation Authority indicating no objections. Mayor Mennill asked if any persons were in attendance that wished to make any comments regarding the application and there were none. Mayor Mennill asked if any Council Members 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. 21-50 Moved by: Max Moore Seconded by: Dominique Giguere THAT the Public Meeting relating to Zoning By-law Amendment Application of Gregory Max Underhill, relating to the property located at Part Lot 25, Concession 2, be adjourned and the Council meeting reconvene at 7:40 p.m. Carried. No. 21-51 Moved by: Rick Cerna Seconded by: Scott Lewis THAT Report No. DS-21-08 entitled "Zoning By-law Amendment Application of Gregory Underhill" be received; AND THAT the Zoning By-law Amendment Application of David Roe, on behalf of Gregory Underhill, relating to the property located at CON 2, E PT LOT 25, (Malahide), and known municipally as 5031 Sawmill Road, BE APPROVED for the reasons set out in this Report. Carried. do No. 21-52 Moved by: Max Moore Seconded by: Scott Lewis THAT By-law No. 21-11, being a By-law to amend Zoning By-law No. 18-22 insofar as it relates to the property owned by Gregory Max Underhill, located at Part Lot 25, 20-35 Concession 2, be given first, second and third readings, and properly signed and sealed. Carried. Director of Fire and Emergency Services 49 - Malahide Fire and Emergency Services — 2020 Year End Report No. 21-53 Moved by: Chester Glinski Seconded by: Mark Widner THAT Report No. F21-03 entitled "Malahide Fire and Emergency Services — 2020 Year End Report" be received. Carried. Director of Public Works - Tender Results — Catfish Creek Drain Cleanout No. 21-54 Moved by: Max Moore Seconded by: Rick Cerna THAT Report No. PW-21-02 entitled "Tender Results — Catfish Creek Drain Cleanout" be received; AND THAT the tender for the Catfish Creek Drain Cleanout be awarded to Cassidy Construction London Ltd., in the amount of $16,040.00 (exclusive of HST). Carried. - Request for Drain Improvement: McIntyre Petition Councillor Widner declared a conflict of interest with respect to Council Agenda Item E (ii) relating to the Request for Drain Improvement: McIntyre Petition, retired from the meeting and abstained from all discussions and voting on the matter. No. 21-55 Moved by: Rick Cerna Seconded by: Scott Lewis THAT Report No. PW-21-10 entitled "Request for Drain Improvement: McIntyre Petition" be received; AND THAT John M. Spriet, P.Eng., of Spriet Associates Ltd., be appointed to prepare an Engineer's Report for this petition. Carried. I* Councillor Widner resumed his seat in the Videoconference Council meeting. Director of Development Services - Outdoor Parking of Transport Trucks in Residential Zones No. 21-56 Moved by: Scott Lewis Seconded by: Mark Widner 20-36 THAT Report No. DS-21-09 entitled "Outdoor Parking of Transport Trucks in Residential Zones" be received; AND THAT the current Zoning By-law regulations for the parking of commercial vehicles in residential zones be maintained for the reasons set out in this Report; AND THAT the Council consider requests for outdoor parking of transport trucks in residential zones on a case -by -case basis in accordance with the Planning Act, RSO 1990. Carried. Chief Administrative Officer/Clerk - Springfield Lioness to be Re -named to Springfield Swans Moved by: Max Moore Seconded by: Chester Glinski THAT Report No. CAO-21-01 entitled "Springfield Lioness to be Renamed to Springfield Swans" be received; AND THAT the Policy for Founding Organizations be updated, effective June 1, 2021, to reflect the change in name of the Springfield Lioness Club to Springfield Swans Club. Carried. - Complaint Protocol Annual Report No. 21-58 Moved by: Scott Lewis Seconded by: Dominique Giguere THAT Report No. CAO-20-02 entitled "Complaint Protocol Annual Report" be received. Carried. - Compressed Work Week No. 21-59 Moved by: Dominique Giguere Seconded by: Max Moore THAT the revised HR Policy C-1.3, entitled Compressed Work Week, be approved; AND THAT the Municipal Staff be requested to notify eligible Staff of the opportunity to opt in to a compressed work week schedule. Carried. CORRESPONDENCE: No. 21-60 Moved by: Max Moore Seconded by: Rick Cerna THAT the Township of Augusta resolution requesting the Province to reverse their decision to close the Ontario Fire College as it is one of the best and most cost- 20-37 effective methods for municipalities to train firefighters be supported. Carried. No. 21-61 Moved by: Max Moore Seconded by: Rick Cerna THAT the Township of South-West Oxford resolution requesting the Province to allow municipalities to use Automatic Speed Enforcement (aka Photo Radar) be supported. Carried. No. 21-62 Moved by: Max Moore Seconded by: Rick Cerna THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File — dated January 21 and 28, 2021. 2. Municipality of Grey Highlands and Town of Gore Bay — Resolution requesting the Province to address seven insurance issues including replacement of joint and several liability; and investigate the unethical practice of preferred vendors. (Malahide Township Council supported a similar Resolution on January 21, 2021.) 3. Town of Plympton-Wyoming and Municipality of West Nipissing — Resolution requesting the Province to address concerns regarding municipal drainage matters and the need for coordination with the national railways. (Malahide Council supported a similar Resolution on December 17, 2020.) 4. Town of Plympton-Wyoming — Resolution requesting the Province provide longer turnaround times for deadlines on grant applications. 5. Municipality of Mississippi Mills — Resolution requesting Province to review Municipal Elections Act to provide Clerks with clarity in addressing issues regarding additions to the voters list. 6. United Counties of Stormont, Dundas & Glengarry, Township of South Stormont, and Township of North Glengarry — Resolution requesting the Province to allow small businesses to reopen immediately with the required health guidelinesand protocols in place for COVID-19. 7. County of Peterborough — Resolution requesting the Province to deploy rapid testing into Long Term Care facilities and commit to vaccinating all Long Term Care Residents with dose by February 15. 8. Town of Aylmer — Notice of Public Meeting regarding 2 Minor Variance applications relating to the property at 142 South Street East. 9. Municipality of Central Elgin — Notice of Passing of Zoning By-law Amendments relating to the following properties: - 6738 Quaker Road. - 45811 Fruit Ridge Line Carried. OTHER BUSINESS: 1 - Councillor Widner Apology regarding Closed Session Matter. Councillor Widner noted that he had inadvertently made an error in the Council Code of Conduct by contacting one of the individuals noted in a Human Resources concern from the January 19, 2021 Closed Session Council Agenda. He noted that he had contacted that individual(s) to obtain all of the information available in order to make a judgement. He noted that he should have asked for an opinion prior to contacting the individual directly and he apologized for the misstep. 4p Councillor Cerna commented that he understood wanting all of the background information prior to making a decision. Councillor Cerna noted he would like to see changes in procedure in order to ensure proper documentation is exchanged between affected parties. The Clerk/CAO indicated that the process has changed in that future notices will now be sent by registered mail. She noted that if the Council has any concerns regarding any staff reports, they are encouraged to contact staff for clarification and not seek clarification from other external parties. BY-LAWS: - By-law No. 21-14 — Agreement with The Talbot Trail ATV Club Inc. regarding use of off -road vehicles. No. 21-63 Moved by: Rick Cerna Seconded by: Scot Lewis THAT By-law No. 21-14, being a By-law to enter into an Agreement with The Talbot Trail ATV Club Inc. to ensure the use of off -road vehicles within the Township of Malahide is orderly and lawful, be given first, second and third readings, and be properly signed and sealed. Carried. CONFIRMATORY: No. 21-64 Moved by: Max Moore Seconded by: Scott Lewis THAT By-law No. 21-13, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 21-65 Moved by: Chester Glinski Seconded by: Mark Widner THAT the Council adjourn its meeting at 8:20 p.m. to meet again on February 18, 2021, at 7:30 p.m. Carrie . M or — D. Me' nniII Clerk — M. Casavecchia-Somers