Loading...
Regular Council Agenda - 2020/01/09 The Corporation of the Township of Malahide A G E N D A January 9, 2020 7:30 p.m. Springfield & Area Community Services Building 51221 Ron McNeil Line, Springfield (A) Disclosure of Pecuniary Interest (B) Approval of Previous Minutes RES 1 (Pages 8 - 17) (C) Presentations/Delegations/Petitions (i) Public Meeting Minor Variance Application of Hank Goris Farms Limited relating to property at Part Lot 6, Concession 10, Geographic Township of South Dorchester, municipally known as 50928 Lyons Line. RES 2 - 4 (Pages 18 - 25) (ii) Public Meeting Official Plan Amendment Application of 2660711 Ontario Inc. (Jake Penner) relating to property at Part Lot 87, Concession North Talbot Road, Geographic Township of Malahide, municipally known as 49610 Talbot Line. RES 5 6 (Pages 26 - 50) (D) Reports of Departments (i) Director of Fire & Emergency Services (ii) Director of Physical Services - Re-Appointment of Drainage Engineers Various Drains. RES 7 (Pages 51 - 52) - ICIP Green Stream Funding 2020. RES 8 (Pages 53 - 56) (iii) Director of Development & Community Services (iv)Director of FinancialServices/Treasurer - Port Bruce Harbour Improvements / Pier Rehabilitation - Long- Term Debt Financing. RES 9 (Pages 57 - 66) (iv) CAO/Clerk (E) Reports of Committees/Outside Boards (F) Correspondence RES 10 1. Association of Municipalities of Ontario - Watch File dated December 19, 2020. (Pages C3 - 5) 2. City of Woodstock Resolution supporting the ban of Single-Use Plastic Handled Shopping Bags. (Page C6) 3. Township of Perry Resolution supporting the ban of Single-Use Disposable Wipes. (Pages C7 - 8) 4. County of Simcoe and Township of Huron-Kinloss Resolution supporting the Township of Ramara regarding Conservation Authority exit clause. (Pages C9 - 12) 5. County of Simcoe Resolution supporting the Township of Springwater regarding the Nottawasaga Valley Conservation Authority Levy. (Pages C13 - 15) 6. Town of Tecumseh Resolution regarding 911 Misdials. (Pages C16 - 23) 7. Ministry of Children, Community and Social Services Information complete online survey. (Pages C24 - 25) 8. County of Elgin Approval of Malahide Official Plan Amendment No. 17 relating to all lands designated Agricultural (MacVicar Farms Ltd.). (Pages C26 - 27) 9. Municipality of Central Elgin Notice of Passing of Zoning By-law Amendment relating to property at 145 George Street. (Page C28) 10. Municipality of Central Elgin Notice of Zoning By-law Amendment relating to the following properties: - 226 Colborne Street, Port Stanley (Page C29) - 6016 Fairview Road. (Page C30) - 42575 Dexter Line. (Page C31) - 494 Lower Spring Street, Port Stanley. (Page C32) (G) Other Business (H) By-laws (i) By-law No. 20-01 To authorize temporary borrowing. RES 11 (Pages 67 - 69) (ii) By-law No. 20-02 To provide for an interim tax levy for the year 2020. RES 12 (Pages 70 - 72). (iii) By-law No. 20-03 To authorize a budget for 2020. RES 13 (Pages 73 - 74) (iv) By-law No. 20-05 To give first and second readings to a By-law authorizing Franchise Agreement with Enbridge Gas Inc. RES 14 (Pages 75 - 87) (v) By-law No. 20-06 To authorize the long term debt financing with Ontario Infrastructure and Lands Corporation for the Port Bruce Harbour Improvements and Pier Rehabilitation. RES 15 (Pages 88 - 95) (I) Closed Session (J) Confirmatory By-law RES 16 (Page 96) (K) Adjournment RES 17 PLEASE NOTE that the draft resolutions provided below DO NOT represent decisions already made by the Council. They are simply intended for the convenience of the Council to expedite the transaction of Council business. Members of Council will choose whether or not to move the proposed draft motions and the Council may also choose to amend or defeat them during the course of the Council meeting. 1.THAT the minutes of the regular meeting of the Councilheld on December 19, 2019be adopted as printed and circulated. 2.THAT the Committee of Adjustment for the Township of Malahide be called to order at 7:____p.m. and that Mayor Dave Mennill be appointed 3.THAT Report No. DCS-20-50928 AND THAT, notwithstanding that 5.3.6 of Zoning By-law No. 18-22 pertaining to minimum separation distances required between single unit dwellings and livestock buildings and structures, including manure storages, located on a separate lot, the Minor Variance Application of Hank Goris Farms Limited relating to the property located at 50928 Lyons Line, to allow relief to construct a new single unit dwelling on the subject lands to be situated no closer than 415 metres (1,362 feet) from a manure storage associated with a livestock operation located on a lot to the southwest,be granted. 4.THAT the Committee of Adjustment for the Township of Malahide be adjourned and the Council meeting reconvene at ______p.m. 5.THAT the Public Meeting concerning the Official Plan Amendment Application of 2660711 Ontario Inc. relating to the property located at Lot 87, Concession North Talbot Road, be called to order at 7:____ p.m. 6.THAT the Public Meeting relating to Official Plan Amendment Application of 2660711 Ontario Inc.relating to the property located at Lot 87, Concession North Talbot Road, be adjourned and the Council meeting reconvene at 7:____ p.m. 7.THAT Report No. PS-20--Appointment of Drainage Engineers AND THAT Peter Penner, P. Eng., of Cyril J. Demeyere Limited, be re- of Malahide petition); AND THAT Mike Devos, P. Eng., of Spriet Associates London Ltd. be re- appointed to prepare an Eebout Drain, (Underhill petition); AND THAT Andrew Gilvesy, P. Eng., of Cyril J. Demeyere Limited, be re- Jones petition); AND THAT Peter Penner, P. Eng.,of Cyril J. Demeyere Limited, be re- Branches D & E; AND THAT Mike Devos, P. Eng., of Spriet Associates London Ltd. be re- lleyville Line Drain, (Township of Malahide petition). 8.THAT Report No. PS-20- AND THAT the Council of The Corporation of the Township of Malahide does hereby support the ICIP Green Stream grant application for the Replacement of the Talbot Line East Watermain. 9.THAT Report No. FIN 20- Pier Rehabilitation -Long- AND THAT the recommended draws from reserves, as detailed in this Report, to assist in financing the rehabilitation works of the Port Bruce Harbour break wall and pier be approved; AND THAT the proposed by-law for long-term debt financing by Ontario Infrastructure and Lands Corporation (OILC) be approved. 10.THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated December 19, 2020. 2.City of Woodstock Resolution supporting the ban of Single-Use Plastic Handled Shopping Bags. 3.Township of Perry Resolution supporting the ban of Single-Use Disposable Wipes. 4.County of Simcoe and Township of Huron-Kinloss Resolution supporting the Township of Ramara regarding Conservation Authority exit clause. 5.County of Simcoe Resolution supporting the Township of Springwater regarding the Nottawasaga Valley Conservation Authority Levy. 6.Town of Tecumseh Resolution regarding 911 Misdials. 7.Ministry of Children, Community and Social Services Information reg complete online survey. 8.County of Elgin Approval of Malahide Official Plan Amendment No. 17 relating to all lands designated Agricultural (MacVicar Farms Ltd.). 9.Municipality of Central Elgin Notice of Passing of Zoning By-law Amendment relating to property at 145 George Street. 10.Municipality of Central Elgin Notice of Zoning By-law Amendment relating to the following properties: -226 Colborne Street, Port Stanley. -6016 Fairview Road. -42575 Dexter Line. -494 Lower Spring Street, Port Stanley. 11.THAT By-law No. 20-01, being a By-law to authorize temporary borrowing during the fiscal year ending December 31, 2020, be given first, second and third readings, and be properly signed and sealed. 12.THAT By-law No. 20-02, being a By-law to provide for an interim tax levy for the year 2020, be given first, second and third readings, and be properly signed and sealed. 13.THAT By-law No. 20-03, being a By-law to authorize the 2020 Budget, be given first, second and third readings, and be properly signed and sealed. 14.THAT By-law No. 20-05, being a By-law to authorizea Franchise Agreement with Enbridge Gas Inc. be given first and second reading. 15.THAT By-law No. 20-06, being a By-law to authorize the long-term debt financing by Ontario Infrastructure and Lands Corporation for the Port Bruce Harbour Improvements/Pier Rehabilitation, be given first, second and third readings, and be properly signed and sealed. 16.THAT By-law No.20-04, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. 17.THATtheCounciladjournits meetingat _______ p.m.to meet again on January 23, 2020, at 7:30 p.m. 19-220 ________________________________________________________________ The Malahide Township Council met in the Council Chambers located in the Springfield & Area Community Service Building, at 51221 Ron McNeil Line, Springfield,at 7:30 p.m. with the following present: Council:Mayor D. Mennill, Deputy Mayor D. Giguère, Councillor M. Widner, Councillor M. Moore,Councillor R. Cerna, Councillor S. Lewis, and Councillor C. Glinski (8:08). Staff:Chief Administrative Officer/ClerkM. Casavecchia-Somers, Director of Financial Services A. Mohile, Director of Development and Community Services E. DiMeo, Director of Emergency Services B. Smith, Director of Physical Services M. Sweetland,HR Co-ordinator G. Tracey, Drainage Superintendent B. Lopez,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 INTERESTandthe General Nature thereof: No disclosures of pecuniary interests were declared. MINUTES: No. 19-564 Moved by:Max Moore Seconded by:Rick Cerna THAT the minutes of the regular meeting of the Councilheld on December 5, 2019be adopted as printed and circulated. Carried. PRESENTATIONS/DELEGATIONS/PETITIONS: -Meeting to Consider Caroline Davis Drain (2010) 19-221 Drainage Engineer, Andrew Gilvesy, of CJDL Consulting Engineers, appeared , dated October 15, 2019, regarding the Caroline Davis Drain (2010)and outlined the nature of the proposed work. MayorMennill inquired if any personin attendance wished to comment or ask questions concerning the Drainage Report. John Fehrwas in attendance and advisedthathe purchased one of the new houses that thisdrain affects. He indicated that he was awarethatthe drain was going to be installed but did not understand that a catch basin would be placed on his property. Mr. Fehr advised that hehad installed a fence and wanted assurance that the fence would not be removed/damaged. The Drainage Superintendent confirmed that the drainage contractor willworkaround the fence and will install the required catchbasin on the back corner of property. The Drainage Superintendent advised that a condition of the severance was that each lot would have direct access to the drain and it was advantageous to the property owner to have that direct connection. Mr. Fehr was concerned he would be losing the use of his property in the area of the drain and the Engineer confirmed that he would still have access to that area but would not be able to constructa permanent structure in close proximity tothe catchbasin. 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. 19-565 Moved by:Max Moore Seconded by:Rick Cerna as prepared by Cyril J. Demeyere Limited and dated October 15, 2019, be accepted; AND THAT By-law No. 19-95,being a by-law to provide for the Caroline drainage works be read a first and second time and provisionally adopted. Carried. No. 19-566 Moved by:Mark Widner Seconded by:Dominique Giguere be scheduled to be held on January 23, 2020, at 7:30 p.m. Carried. 19-222 No. 19-567 Moved by:Scott Lewis Seconded by:Dominique Giguere THAT the tenders for the construction of the Caroline Davis Drain (2010) Branch, 2020, at 11:00 a.m. Carried. REPORTS: Director of Fire and Emergency Services -Emergency Services Activity Report -November No. 19-568 Moved by:Max Moore Seconded by:Rick Cerna THAT Report No. F-19- Carried. -Verbal Report -Fire on Calton Line In response to an inquiry from the Council, the Fire Chief confirmed that seven tankers were used in fighting a salvage yard fireearlier that day at 53245 Calton Line. The Fire Chief confirmedthatadefensive position was taken in fighting the fire as there was very limitedaccess to thelot. He advised that an excavator was brought in to assist and the fire was extinguished sooner than anticipated. He confirmed that the Ministry of the Environment was on scene and were satisfied with how the firefighters handled the situation and no orders were issued. The OPP canvassed the immediate area and determined that the fire office has been notified and they were satisfied with the responseprovided and did not attend on scene. Director of Physical Services -Drainage Update Report No. 19-569 Moved by:Scott Lewis Seconded by:Dominique Giguere 19-223 THAT Report No. PS-19- Carried. Director of Development and Community Services -Township of Malahide Website Redesign Project Proposals No. 19-570 Moved by:Scott Lewis Seconded by:Mark Widner THAT Report No. DCS-19- AND THAT the Redesign Project be awarded to eSolutions Group, of Waterloo Ontario, at a cost of $23,000.00 (plus HST); AND THAT the Chief Administrative Officer/Clerk be authorized and directed to take the necessary actions to enter into an agreement with eSolutions Group to undertake the Township of Malahide Website Redesign Project as set out in the proposal. Carried. -Port Bruce PierRehabilitation In response to an inquiry from Deputy Mayor Giguère, the Director of Development and Community Services provided averbal update on the pier rehabilitation projectin Port Bruce. He notedthatthe weather has been a significant factor hindering the completion of the project. The Contractor is working whenever the weather and windspermit and will continue to work as conditions allow. He noted that, as long as the area does not flood,the Contractor will continue to work in the water and on the land. He advised that,in the next few weeks,the trailers will all be moved and stagedat the Provincial Park. Chief Administrative Officer/Clerk -Council Remuneration Review Committee Terms of Reference No. 19-571 Moved by:Max Moore Seconded by:Dominique Giguere 19-224 THAT Report No. CAO-19- Committee - AND THAT the Draft Terms of Reference for the Council Remuneration Review Committee be approved; AND THAT the Municipal Staff be directed to proceed to advertise for members of the public to sit on such Committee. Carried. -Enbridge Gas Franchise Agreement No. 19-572 Moved by:Scott Lewis Seconded by:Mark Widner BE IT HEREBY RESOLVED THAT the Council of the Township of Malahide does hereby approve the form of draft by-law and franchise agreement attached hereto and authorizes the submission thereof to the Ontario Energy Board for approval pursuant to the provisions of Section 9 of the Municipal Franchises Act; AND THAT the Council of the Township of Malahide does hereby request that the Ontario Energy Board make an Order declaring and directing that the assent of the municipal electors to the attached draft by-law and franchise agreement pertaining to the Corporation of the Township of Malahide is not necessary pursuant to the provisions of Section 9(4) of the Municipal Franchises Act. Carried. REPORTS OF COMMITTEES/OUTSIDE BOARDS: No. 19-573 Moved by:Dominique Giguere 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 November 6, 2019. 19-225 (ii)Aylmer Area Secondary Water Supply System and Port Burwell Area Secondary Water Supply System Joint Board of Management Approved Minutes of September 11, 2019. (iii)Malahide Budget Committee Draft Minutes of December 12, 2019, as amended. Carried. No. 19-574 Moved by: Mark Widner Seconded by: Rick Cerna THAT the Township of Greater MadawaskaResolution requesting the Premier and the Ministers to offer electronic delegations to small and rural Municipalities that do not have the budget to attend conferences be supported. Carried. CORRESPONDENCE: No. 19-575 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 December 5 and 12, 2019. 2.City of Stratford and Town of Plympton-Wyoming Resolution Provincial efforts to require its municipal levy only apply to core mandated programs and services. 3.Municipality of Hastings Highlands Resolution supporting the and Insurance Costs. (Malahide supported the AMO resolution on October 17, 2019.). 4.Elgin County Land Division Committee Notice of Decision for Severance Applications as follows: -Severance E74/19 relating to property owned by R/K Hayhoe Inc., R. Hayhoe, and K. Hayhoe at Part Lot 26, Concession 1. 19-226 -Severance E78/19 relating to property owned by Andrew and Connie Thiessen at Part Lot 15, Concession 4. Carried. OTHER BUSINESS: -Draft 2020-2022 Budgets No. 19-576 Moved by:Max Moore Seconded by:Scott Lewis THAT the Malahide Township Council be requested to take the following actions with respect to the Draft 2020-2022 Budgets: (i)Approve the Draft 2020 Budget in the amount of $13,862,420; (ii)Approve, in principle, the Draft 2021 Budget in the amount of $13,893,200; (iii)Approve, in principle, the Draft 2022 Budget in the amount of $13,927,518; it being pointed out that the Draft 2020 Budget provides for a total taxation revenue increase of $192,823 for Township purposes; and that the increase currently represents a lower tier (Municipal) tax levy increase of about 2.96% for 2020 and about 3% for the years 2021-2022. Carried. -Town of Aylmer -Joint Committee for Shared Services No. 19-577 Moved by:Chester Glinski Seconded by:Rick Cerna THAT the correspondence from the Town of Aylmer,dated December 13, 2019, relating to a Committee for Shared Services with the Town of Aylmer and exploring independent consulting options for the development of a future committee terms of reference be received. Carried. -Springfield Lioness Club Donation The Mayor advised that the Springfield Lioness Club recently made a donation of $3,000.00 to the Township to be used towards the Springfield Beautification 19-227 projects. The Mayor expressed appreciation tothe Springfield Lioness Club for their generous contribution. -Aylmer-Malahide Museum & ArchivesRequest to InsertPamphlet in Tax Bills In response to an inquiry from Councillor Cerna, on behalf of the Board of the Aylmer-Malahide Museum & Archives, the Chief Administrative Officer advised that the current practice is limit insertions of pamphlets, etc. in the mailings of the municipal tax bills. Those limitations allow only municipalor County documents to be inserted in the tax bill mailings. She noted that there are additional postage costs to the Township when pamphlets are inserted in the mailings as the weight of the package increases.Shealso indicated that the Township has received similar requests from other community organizations in the past and that ifthe Township allowed one group to provide an insert,it would be difficult to deny another group, potentially adding significant cost to the taxpayers. -Structure of BudgetDocumentation in the Future The Deputy Mayor indicated that she would like to see a new format to the budget documentation that will meet the needs of everyonegoing forward.She suggested that a meeting be set to review and discuss potential layouts. The Chief Administrative Officer suggested that the Budget Committee meet in late spring/early summer to discuss options for future budget formats.The Deputy Mayor suggested that the meeting be set early to ensure that there was enough time given to the Treasurer to develop the next budget in theagreed uponnew format. She noted that actuals incorporatedinto the future budget documents. CLOSED SESSION: No. 19-578 Moved by:Max Moore Seconded by:Dominique Giguere THAT Council move into Closed Session at 8:27p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discussthe following: 1.A Personal Matter about an identifiable individual, including municipal or local board employees regarding Malahide Fire Services. 2.Litigation or Potential litigation, including matters before administrative tribunals, affecting the municipality or local board, relating to the Road Department. 19-228 3.Labour Relations or Employee Negotiations Matter regarding Staff Performance Reviews. Carried. No. 19-579 Moved by:Rick Cerna Seconded by:Mark Widner THAT Council move out of Closed Session and reconvene at8:54p.m. in order to continue 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.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 matter, including matters before administrative tribunals, affecting the municipality or local board, relating to the Road Department. There is nothing further to report. No. 19-580 Moved by:Max Moore Seconded by:Scott Lewis THAT all eligible Non-union and Management Municipal Staff be awarded the appropriate gridlevel advancements effective January 1, 2020. Carried. CONFIRMATORY: No. 19-581 Moved by:Max Moore Seconded by:Rick Cerna THAT By-law No. 19-113, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. 19-229 ADJOURNMENT: No. 19-582 Moved by:Chester Glinski Seconded by:Mark Widner THATtheCounciladjournits meetingat 8:57p.m.to meet again on January 9, 2020, at 7:30 p.m. Carried. __________________________________ Mayor D.Mennill __________________________________ Clerk M. Casavecchia-Somers Report toCouncil REPORT NO.:DCS-20-01 DATE: January 9, 2020 ATTACHMENT:Application of Hank Goris Farms Limited SUBJECT:Minor Variance Review 50928 Lyons Line ______________________________________________________________________ Recommendation: THAT Report No.DCS-20-01ceReview 50928 Lyons Line be received; AND THAT, notwithstanding that 5.3.6 of Zoning By-lawNo. 18-22 pertaining to minimum separation distances required between single unit dwellings and livestock buildings and structures, including manure storages, located on a separate lot,the Minor Variance Application of Hank Goris Farms Limitedrelating to the property located at50928 Lyons Line, to allow relief to constructa new single unit dwelling on the subject lands to be situated no closer than 415 metres (1,362 feet) from a manure storage associated with a livestock operation located on a lot to the southwest,be granted. Background: The purpose of this Report is to provide background information to the Council regarding a Minor Variance application byHank Goris Farms Limitedrelating to the property located at50928 Lyons Line.The Applicant is proposing to construct a single unit dwelling on the property. The Applicantisseeking relief from the minimum separation distance provisionrequired for a single family dwelling unit from livestock buildings, structuresand manure storage as required in theTownship of Malahide Zoning By-law No.18-22. Therequested relief pertains to minimum separation distances required between a new single unit dwelling and livestock buildings and structures, including manure storages located on a separate lot.The reliefwould allow for the new singleunit dwelling on the subject lands to be situated no closer than 415 metres (1,362 feet) whereas a minimum setback distance of 462 metres (1,516 ft) is required based onthe MDS I calculations. The subject property has a lot area of 105.20 acres,with a lot frontage alongLyons Line.The property is zoned A3(LargeLot Agricultural) and has an Official Plan designation ofAgricultural. The property currently has a single family residenceon it and agricultural barns/structures. The property is surrounded by agricultural farming operations. Comments/Analysis: Section 45.1 of the Planning Act Adjustment must be satisfied with when considering an application for a minor variance to the Zoning By- 1.Is the variance minor in nature?A request for anew single unit dwellingto be built closertolivestock buildingsand structuresthanthe minimum setback distancewouldnot be considered detrimental to the use of the property in this case.The applicant being the owner/operatorof the farming operation,has proposed a location, that inthe owners view,isthe only suitable location for a second house on the property do to its orientation to existing farm operations and structures. The properties to the south and southwest of theapplicant currently have an approved Nutrient Management Strategy for 584 Nutrient Units(this includes current and future expansion). This amount of nutrientstoragerequires a setback to aresidence of 462 meters as set out in the MDS calculations. The allowed variance for theplacement of this single unit dwelling will not have a negative impact on any future barn expansion, as long as the Nutrient units do not exceed the approved 584 N.U currently approved. It is the opinion of Staff that this request would be considered minimal and minor in natureat this time. 2.Is the variance desirable for the use of the building? The variance request was brought forward by the Applicant due to a need to build anew singleunit dwellingon the property. The Staff would suggest that the variance would not change or increase the impacton the neighboring residential uses and could 3.Does the variance maintain the general intent and purpose of the Zoning By-law? Theintent of the Zoning By-law with respect to minimum distance separation is to minimize previously stated, the requested variance is believed to be both minor and nion, meets the intent of the Zoning By- law. 4.Does the variance maintain the general intent and purpose of the Official Plan? The intent of the Official Plan with respectminimum distance separation iser. As previously stated, the requested variance is believed to be both minor and desirable; and therefore, The Municipal Staff have reviewed this minor variance application and are of the opinion Planning Act recommendation that the requested minor variance be granted. Financial Implications to Budget: The full costof the minor varianceprocess is at the expense of the applicant and has no imp20Operating Budget. Relationship to Cultivating Malahide: The Cultivating MalahideIntegrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Local Government. supporting this and facilitating this proposal the Council is achieving this goal. Preparedby:Approved by:Approved For Council: Allison Adams,Eugenio DiMeo, Director Community of Development & Services ClerkCommunity Services NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE TOWNSHIP OF MALAHIDE TAKE NOTICEthat the Township of Malahide has received a complete application for a proposed Minor Variance. APPLICANT:Hank Goris Farms Limited, owner of Part Lot6,Concession 10,Township of Malahide. The lands affected by the minor varianceare known municipally as 50928 LyonsLine. AND TAKE NOTICEthat the Council of the Corporation of the Township of Malahide will hold a public meeting onThursday, January 9, 2020,at 7:30p.m.in the Malahide Township Council Chambers at the Springfield & Area Community Service Building, 51221 Ron McNeil Line, Springfield to consider a proposed minor variance to Zoning By-Law No. 18-22under Section 45of the Planning Act. THE PURPOSE AND EFFECTof this variance is to grant relief fromtheLarge Lot Agricultural (A3) Zone and applicable regulationsin the Township of Malahide Zoning By-Law No. 18-22pertaining to minimum separation distances required between new single unit dwellingsandlivestock buildings and structures, including manure storages,located on a separate lot. Under Section 5.3.6 of the Zoning By-law, the Minimum Distance Separation Formula I (MDS I) applies to the erection of any new single unit dwelling.The proposed variance will permit the construction of a new single unit dwellingon the subject landsto be situated no closer than415 metres (1,362ft) from a manure storage associated with a livestock operation locatedon a lotto the southwest, whereas a minimumsetback distance of 462 metres (1,516ft)is required based on the MDS Icalculations provided. ANY PERSONmay attend the public meeting and/or makea written or verbal representation in support of or in opposition to the proposed minor variance. IF ANY PERSON OR PUBLIC BODYdoes not make oral submissions at a public meeting, or make written submissions to the Council of the Corporation of the Township of Malahide before the variance is granted, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Township of Malahide to the Local Planning Appeal Tribunal. If a person or public body does not make oral submission at a public meeting, or make written submissions to the Township ofMalahide before the variance is granted, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISHto be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATIONrelating to the proposed minor variance may be obtained at the Township Office. th DATEDat the Township of Malahidethis 18day of December,2019. M. Casavecchia-Somers, CAO/Clerk Township of Malahide, 87 John Street, South, Aylmer, Ontario.N5H 2C3 519-773-5344 NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED OFFICIAL PLANAMENDMENT IN THE TOWNSHIP OF MALAHIDE TAKE NOTICEthat the Township of Malahide has received a complete application for a proposed Official Plan Amendment. APPLICANT:Civic Planning Solutions Inc. (David Roe)on behalf of 2660711 Ontario Inc. (Jake Penner), owner of part of Lot 87, Concession NTR (part Lot 14, Con 7),Township of Malahide. The lands affected by the amendment are known municipally as 49610 TalbotLine,situated on thenorthsideof TalbotLinewest of Hacienda Road. AND TAKE NOTICEthat the Council of the Corporation of the Township of Malahide will hold a public meeting onThursday, January 9th, 2020,at 7:30 p.m.in the Malahide Township Council Chambers at the Springfield & Area Community Service Building, 51221 Ron McNeil Line, Springfield to consider a proposed Official Plan Amendment under Section 17 of the Planning Act. THE PURPOSE AND EFFECTof the amendment to the Official Plan is to permit residential development in the form of a four-unit residential dwelling (or four-plex) on the subject lands.The lands, which are currently vacant, comprise an area of approximately4,006.5 square metres (0.9 acres), a frontage of approximately 37.8 metres (124 ft) and are irregular in depth. As applied for, the proposed Official Plan Amendment would permit the the Township of Malahide Official Plan. Should the official plan amendment be adopted and approved, it would lead to an application for azoning by-law amendment to change the zoning of the subject lands from Highway Commercial (HWC) to a zoning which would permit the proposed four-plex dwelling. ANY PERSONmay attend the public meeting and/or makea written or verbal representation in support of or in opposition to the proposed amendment. IF ANY PERSON OR PUBLIC BODYdoes not make oral submissions at a public meeting, or make written submissions to the Council of the Corporation of the Township of Malahide before the by-lawis passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Township of Malahide to the Local Planning Appeal Tribunal. If a person or public body does not make oral submission at a public meeting, or make written submissions to the Township of Malahide before the by-law is passed, the person or public body may notbe added as a party to the hearing of an appeal before theLocal Planning Appeal Tribunalunless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISHto be notified of the adoption of the proposed amendment, or the refusal of a request to amend the Official Planyou must make a written request to the undersigned. ADDITIONAL INFORMATIONrelating to the proposed amendment may be obtained at the Township Office. th DATEDat the Township of Malahidethis 18day of December,2019. M. Casavecchia-Somers, CAO/Clerk Township of Malahide, 87 John Street, South, Aylmer, Ontario.N5H 2C3 519-773-5344 Memorandum To/Attention: Township of Malahide Date: December 23, 2019 From: Jay McGuffin Project No.1910-001 Subject: Application to Amend the Township of Malahide Official Plan Part of Lot 87, Concession NTR (part Lot 14, Con 7), Township of Malahide, Ontario 49610 Talbot Line Registered Owner: 2660711 Ontario Inc. (Jake Penner) Applicant/Agent: Civic Planning Solutions Inc. (David Roe) Purpose An application has been submitted to amend the Township of Malahide Official Plan as it applies to the above-mentioned lands. The amendment, if approved, would permit the development of a four-unit residential dwelling (or townhouse dwelling as defined .The applicant has indicated that a corresponding application will be filed to amend the Township of Malahide Zoning By-law to permit the proposed residential development contingent upon the approval of the Official Plan amendment. A Planning Justification Report prepared by Civic Planning Solutions Inc. has been filed in support of the Official Plan Amendment. Also provided is a site plan prepared by Spriet Associates (London) Ltd. Subject Lands The subject lands comprise an area of approximately 4,006.5 square metres (0.9 ac), a frontage of approximately 37.8 metres (124 ft) on Talbot Line (Highway No. 3) and an irregular depth ranging from approximately 116.7 metres (383 ft) to approximately 141.2 metres (463 ft). The lands are devoid of buildings or structures and appear to be maintained as landscaped open space. A number of mature trees are situated along the perimeter of the parcel. The owner is proposing to establish a new four-unit townhouse dwelling in the central-easterly portion of the subject lands. The residential building would comprise a one-storey structure with a floor area of 406.22 sq m (4,373 sq ft) andan associated parking area to the west to accommodate nine vehicles. A stormwater management area would be situated at the rear of the parcel along with the proposed on-site sanitary tile field system. Water supply is proposed by means of an on-site well. Access is proposed by means of a new entrance to Talbot Line (Highway No. 3). Neighbouring lands are characterized by a mix of residential, commercial and some limited agricultural uses extending along the Talbot Line corridor and to the west leading into the Town of Aylmer. Commercial uses situated in proximity to the subject lands include (as sourced from Google Maps), Existing residential lots occupied by single unit dwellings are situated on both the north and south sides of Talbot Line. Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 49610 Talbot Line 2660711 Ontario Inc. (Jake Penner) 23 December, 2020 As stated in the aforementioned Planning Justification Report: The owner would like to re-designate the lands from Highway Commercial to Suburban Area in order that they may be developed for residential purposes. They are proposing to construct they are situated in the established highway commercial strip on the easterly outskirts of the Town of Aylmer. Although a change in designation will be required to permit the proposed upon in this report. Provincial Policy Statement (PPS) Relevant policies and criteria under the Provincial Policy Statement are identified as follows: 1.1.1 a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long- Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. 1.2.6 Land Use Compatibility 1.2.6.1 Major facilities and sensitive land uses should be planned to ensure they are appropriately designed, buffered and/or separated from each other to prevent or mitigate adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term viability of major facilities. 1.4.3 Planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households. However, where planning is conducted by an upper-tier municipality, the upper-tier municipality in consultation with the lower-tier municipalities may identify a higher target(s) which shall represent the minimum target(s) for these lower-tier municipalities; b) permitting and facilitating: 1. all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements; and 2. all forms of residential intensification, including second units, and redevelopment in accordance with policy 1.1.3.3; c) directing the development of new housing towards locations where appropriate levels of infrastructure andpublic service facilities are or will be available to support current and projected needs; Page 2 of 8 Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 49610 Talbot Line 2660711 Ontario Inc. (Jake Penner) 23 December, 2020 d) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and e) establishing development standards for residential intensification,redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. The lands are considered to lie in a settlement area as defined by the PPS. Establishing consistency with PPS in this instance (in light of the ) is more strategically tied to the suitability of the parcel for residential purposes as opposed to highway commercial purposes. While there are existing highway commercial uses located in the vicinity of the subject lands, these uses appear to be, for the most part, benign and are interspersed with established low density residential development. These uses include Spare Moment Craft Supplies and Sunrise, located on the south side of Talbot Line. Located to the east of the parcel is situated East End Collision (which appears to be dormant at present) and Eastlink. An existing automotive- situated to the west of the subject lands and, given the nature of the use, represents a potential source of noise which warrants further investigation to ensure any negative noise impacts are capable of being mitigated. Lots extending along Talbot Line in the vicinity of the subject lands are of both irregular size and shape, and their utility for supporting highway commercial development is diminished as a result. The subject lands are narrow and deep with limited frontage on Talbot Line, rendering them less than ideal for featuring uses typically found in areas which are designated and zoned for highway commercial purposes. It is also understood from the applicant, although not yet confirmed in writing, that the Ministry of Transportation (having jurisdiction over this portion of Talbot Line), is not prepared to issue a commercial entrance permit for the subject lands but is, however, prepared to issue an access permit for the development of up to four new residential dwelling units. Use of the subject lands for residential purposes would allow for development on an under-utilized, vacant property which apparently lacks the attributes associated with desirable orientation, size and lot frontage for highway commercial uses. Its suitability for commercial development is further diminished given the prohibition on commercial highway access indicated by MTO. Based on information provided by the Township, it is understood that other businesses in the area have had difficulty in the past securing the necessary entrance permits from MTO. In view of the information provided, the re-designation and re-zoning (pending) of the subject lands would be consistent with the relevant policies of the PPS. County of Elgin Official Plan The subject site is situated i B1 SETTLEMENT AREAS Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. There are a range of urban and rural settlement areas in Elgin County where there is a concentration of development and mix of permitted land uses including a variety of housing types, commercial and Page 3 of 8 Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 49610 Talbot Line 2660711 Ontario Inc. (Jake Penner) 23 December, 2020 employment uses, institutional uses, community and recreational facilities, and open space. B2.6 NEW DEVELOPMENT IN EXISTING SETTLEMENT AREAS In cases where new development is proposed outside of a built up area, but within a settlement area boundary, it shall be demonstrated that: a) the new development area will generally serve as a logical extension to the existing built up area, is compact and minimizes the consumption of land; b) the scale and location of the development will be in conformity with the policies in Section B2.5 d); c) a range of housing choices will be provided; d) all of the other infrastructure required to service the new development is available, and such infrastructure will be used as efficiently as possible; and, e) all of the other relevant policies of this Plan have been satisfied. Pre-consultation with tUnder the circumstances as previously indicated, and given the planning justification presented by the applicant, the suitability of the subject lands for highway commercial purposes (and the need to reserve their use for such purposes) in this case is questionable. The use of the subject location for residential purposes comprising a 4-unit townhouse dwelling is considered a desirable and compatible use of a long-standing vacant parcel. Subject to an amendment to the Township Official Plan and Zoning By-law, conformity with the County of Elgin Official Plan would be maintained. Township of Malahide Official Plan The subject site is designated 1 Township of Malahide Official Plan. The General Development Policies of the Official Plan (Section 3.1.3) with respect to general principles and criteria for new development state, in part: The Township will encourage the development of housing types other than single family detached dwellings, and where no land use conflict For planning considerations regarding multi-unit residential development in the Township, the following factors are to be given where an amendment to the Zoning By-law is required (as is the case with the application at hand): Multi-Unit Residential Development Consideration of the following factors shall be given in the evaluation of an amendment to the Zoning By- law for multi-unit residential development. a) The uses permitted may include the various types of multi-unit dwellings, such as townhouses, converted dwellings and walk-up apartments; b) The multi-unit dwellings shall be sited to enhance the quality of the immediate area with particular attention to the effects of vehicular and pedestrian traffic arrangements; c) Adequate off-street parking shall be provided; d) The siting of multi-unit dwellings shall be sensitive to the location of existing, low-density development on adjacent properties, and without limiting the generality of the foregoing, regard shall be had for the effect of shadowing; e) Multi-unit dwellings will be encouraged to locate in areas where municipal services are available or Page 4 of 8 Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 49610 Talbot Line 2660711 Ontario Inc. (Jake Penner) 23 December, 2020 idential uses are generally limited to those used as a residence by an owner or caretaker accessory to a highway commercial use. It is neighbouring area) to reflect existing commercial uses at the time as well as to provide for new businesses in the area notwithstanding the single detached dwellings which were already established in the area. ction 4.2), the following policies are considered relevant to the application at-hand: 4.2.1.2 Intensification and infill development where existing residential, institutional, commercial or industrial development and/or excessive lot fragmentation has diminished agricultural viability will be Efficient, Cost- -farm development in the more viable agricultural areas of the Township while strengthening and improving the residential, commercial and related community functions of these areas. commercial, industrial and institutional uses. Residential uses may be permitted on a case by case basis, where concentrations of residential uses already exist and/or where a land use conflict shall not be created. 4.2.1.6 Vehicular access to public roads and highways shall be in accordance with the requirements of the authority having jurisdiction and should not create a traffic hazard as a result of their access to a portion of a roadway with limited sight lines due to curves, grades, or existing roadside development including buildings and signs. Policies Policy Are- application of existing OP policies would not accurately reflect or convey the intent of the Township with ecific on would be considered in situations where the proposed change in land use is site-specific and is appropriate given the mix of uses in the area. It would also be appropriate in instances where the change in land use is site specific and the lands are located in an area where the Township wishes to maintain an existing land use designation (or designations) while allowing for a site- appropriate in situations where policies are required to restrict the range of permitted uses, or to restrict the scale and density of development normally permitted in a particular designation. In light of the aforementioned policies of the Official Plan, the location of the subject lands and the characteristics of neighSpecific Policy Area is considered appropriate and would be consistent with similar amendments (e.g. Jantzi, Aylmer Cemetery, Guenther Trucking) utilized under special circumstances. The designation as a would effectively identify the subject lands as comprising a unique situation - - providing for specific, limited residential development confined to the lot only and subject to any additional development controls deemed necessary by the Township. This approach should be incorporated and form the basis of an amendment to the Official Plan in the event Council finds favour with this application. Page 5 of 8 Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 49610 Talbot Line 2660711 Ontario Inc. (Jake Penner) 23 December, 2020 Long-Term St. Thomas-Elgin Affordable & Social Housing Strategy The matter of the provision of affordable housing in the County of Elgin and its member municipalities was addressed as part of the Long-Term St. Thomas-Elgin Affordable & Social Housing Strategy prepared by TWC Tim Welch Consulting Inc. (June 2018).The provision of all forms of housing is referenced and encouraged in the PPS, County of Elgin Official Plan and the Township of Malahide Official Plan. As part of the recommended strategy put forth in the executive summary portion of the study, it is noted that: Regulation 603/06 (2016) . . . To receive incentives, municipal housing projects must enter into a facilities agreement with the local municipality. To ensure facilities agreements comply with O. Reg. 603/06, all municipalities must create a housing facilities by-law with the following information: definition of affordable housing, outline who is eligible for living in affordable units, \[and\] all requirements that projects must meet to obtain incentives. . . It is recommended that area municipalities within the County create municipal housing facilities by- It is unlikely that preparation and adoption of the afore-mentioned municipal housing facilities by-law (similar to one in use in the City of St. Thomas) could be done in a timely fashion such that the proposed development in this case could receive incentives, nevertheless, consideration should be given to such a by-law moving forward. Township of Malahide Zoning By-law The subject lands are zoned Highway Commercial (HWC) -law No. 18-22. The permitted uses of the HWC zone include a wide range of commercial uses typically associated with lands and areas lying in a highway commercial setting and designation along well-travelled highways and county roads. Such uses include, but are not limited to, the following -animal clinic -building supply outlet -farm equipment sales and service -gas bar -mini-storage warehouse -motor vehicle sales and service establishments -take-out restaurant In the HWC zone, residential uses are restricted to a dwelling unit as an accessory use. Stand-alone four- unit, apartment (or townhouse) dwellings are not permitted. - amendment, the applicant has since acknowledged that the proposed building design most closely fits the Zoning By- DWELLING, TOWNHOUSE shall mean a dwelling that is divided vertically into three (3) or more dwelling units, each of which has independent entrances, to a front and rear yard immediately abutting the front and rear walls of each dwelling unit. Page 6 of 8 Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 49610 Talbot Line 2660711 Ontario Inc. (Jake Penner) 23 December, 2020 The site plan submitted indicates a proposed Village Residential Two (VR2) zoning for the subject lands. ite- Commercial (HWC---#) zoning to permit a townhouse dwelling, along with standards which recognize the existing lot area and lot frontage as well as appropriate setback requirements. It is noted that the VR1 zone applies exclusively to residential lots in the Village of Springfield, and the VR2 zone applies exclusively to residential lots in the Village of Port Bruce. Accordingly-Residential (RR) zoning (used elsewhere with the permitted uses being restricted to a townhouse dwelling and uses accessory thereto.The location of the proposed townhouse dwelling can be readily controlled through the application of appropriate building setbacks as detailed on the site plan provided with the application. As previously noted, the applicant has indicated that an application to amend the Township of Malahide Zoning By-law will be filed contingent upon approval of the Official Plan amendment. In the absence of an application (and given that the Township may require revisions to the site plan as submitted), any details pertaining to the most appropriate zone category and zone standards applicable to the proposed development are best determined at that time. Similarly, noise related impacts are appropriately addressed as part of the site plan approval process. Conclusion In summary, planning justification for an amendment to the Official Plan for the proposed townhouse dwelling has been provided by the applicant. The potential for conflicts with neighbouring commercial uses is considered modest given the presence of intervening residential properties already established in the vicinity. The suitability of the subject lands for highway commercial purposes is limited given the depth and frontage of the lot, and its location along a portion of Talbot Line under the jurisdiction and control of the MTO where entrance permits for commercial permits are apparently not forthcoming. The official plan amendment would facilitate the use of the subject lands for residential purposes and provide opportunities for a diversified housing form on an underutilized parcel.The retention of lands for commercial use in this instance, which may or may not occur, is not necessary and it could be argued somewhat unrealistic given the existing fabric of land use in the area and the difficulty in establishing legal access to Talbot Line. Recommendations 1. That Council support and authorize the preparation of the required amendment to the Township of Malahide Official Plan to permit a proposed townhouse dwelling onpart of Lot 87, Concession NTR (part Lot 14, Con 7) in the Township of Malahide and known locally as 49610 Talbot Line. 2. That the required amendment to the Township of Malahide Official Plan be forwarded to the County of Elgin for approval. 3. That a noise study be prepared at the site plan approval stage to address the potential noise impacts generated from the neighbouring tire service shop, and that the study provides and recommended noise mitigation to the satisfaction of the Township 4. That the required amendment to the Township of Malahide Zoning By-law be adopted following approval of the Official Plan amendment by the County of Elgin and the lapsing of any appeal period. Page 7 of 8 Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 49610 Talbot Line 2660711 Ontario Inc. (Jake Penner) 23 December, 2020 Yours very truly, MONTEITH BROWN PLANNING CONSULTANTS (digitally signed) Jay McGuffin, MCIP, RPP Vice President, Principal Planner JMC;ds Page 8 of 8 Report toCouncil REPORT NO.:PS-20-01 DATE: December 20, 2019 ATTACHMENT:None SUBJECT:Re-Appointment of Drainage Engineers Various Drains Recommendation: THAT Report No.PS-20-01entitledRe-Appointment of Drainage Engineers Various Drains AND THATPeter Penner, P. Eng., ofCyril J. Demeyere Limited, be re-appointed to ,(Township of Malahide petition); AND THAT Mike Devos, P.Eng., of Spriet Associates London Ltd.bere-appointed to preparHansbout Drain, (Underhill petition); AND THAT Andrew Gilvesy, P. Eng.,of Cyril J. Demeyere Limited, be re-appointed e Jones Drain, (LeonardJones petition); AND THAT Peter Penner, P. Eng.,of Cyril J. Demeyere Limited, be re-appointed to eThompson Drain Branches D & E; AND THAT Mike Devos, P.Eng., of Spriet Associates London Ltd.bere-appointed to preparReport for the Wooleyville Line Drain, (Township of Malahidepetition). Background: Section 39(1)of the Drainage Act R.S.O. 1990, states with the clerk of the initiating municipality as soon as it is completed or, inany event, within one year after the appointment of the engineer or within such further time as may be extended before or after the expiry of the one-year period by resolution of the council Comments/Analysis: Currently there are several petition drains in the Township of Malahide for which we have not yet received anEReport. The above mentioned drains have exceeded the one year time limit for the filing of an EReport as specified in Section 39(1) of the Drainage Act. The Staff are recommending that the Council pass a resolution to extend the time for the investigation and preparation of Report for these various drains and petitions as specified under Section 39(1) of the Drainage Act. The Staff would recommend extending the above noted appointments for a period of one year. Financial Implications to Budget: N/A. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based uponfour pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the Financial Efficiency throughout Decision. Ensuring that the cost of maintaining municipal infrastructure is equitably borne by current and future works to achieve this goal. Submitted by:Approved by:Approved for Council: Bob Lopez, Engineering Technologist/ Drainage Superintendent Report toCouncil REPORT NO.:PS-20-02 DATE: January 9, 2020 ATTACHMENT:None SUBJECT:ICIP GREEN STREAMFUNDING 2020 Recommendation: THAT Report No. PS-20-02GREEN STREAMFUNDING 2020 received; AND THAT the Council of The Corporation of the Township of Malahide does hereby supportthe ICIP Green Stream grant application for the Replacement of the Talbot Line East Watermain. Background: The Investing in Canada Infrastructure Program (ICIP) is a cost-shared infrastructure funding program between the federal government, provinces, and municipalities. The Green Stream funding of the ICIP supports projects that will reduce greenhouse gas emissions, enable greater adaptation and resilience to the impacts of climate change and climate-related disaster mitigation, and provide clean air and drinking water. For the first intake of the Green Stream, the Province will consider projectsrelated to rehabilitation, replacement or renewalof infrastructure that addressescritical health and safety issues related to existing water, wastewater, and storm water. Each eligible applicant can submit onlyone project submission for Intake 1. If an applicant is party to a joint project submission, then participation in the joint-project submission will be counted as their single project submission. The Province will notify applicants if their project has been selected for nomination to the Federal Government for review and approval in the Winter of 2020. Applicants will be notified of the Federal Government funding decision in the Spring of 2020. Project applications will be assessed against three primary criteria: Criteria 1 Initial Technical Review Projects must meet eligibility requirements and must be technicallyviable, and achievable in the project timeline noted. Third-parties (i.e. engineers/architects) may be consulted to verify feasibility of proposed timelines. Criteria 2 Criticalityof health and/or safety risk Critical health and safety aspects of a project will be evaluated based on technical assessment criteria used for each project type relative to industry standards and within the framework of the standards, policies and requirements of the Ministry of the Environment, Conservation and Parks. Criteria 3 Fundingneed for the proposed project In general, applicants with greater funding need relative to other applicants (i.e., higher project cost per user, lower median household income, lower weighted property assessment per household) will be morecompetitive in the evaluation process. maximum funding allocation is $2,721,240. Comments/Analysis: (AMP) identified the following for the tertiary water supply system: Priorities Based on Asset Risk 1.Replace Copenhagen Booster Station A new pump was installed in 2016 anda rebuild pump is on standby in the event of a pump failure.Some other upgrades have been completed and the booster station is now at a low risk of failure.There are limited health and safety concerns at this time and,as a result, it is not a strong project to meet the funding program criteria. 2.Springfield New Line Extension of water main from the Aylmer Area Secondary Water Supply System,inclusive of a new water tower to pressurize the system and provide adequate fire protection.The current funding stream is available for rehabilitation or replacement of existing infrastructure. As this project is new construction, it would not be eligible. 3.Replacement of the Talbot Line East WatermainAs the Council is aware, an aging section of 150mm Asbestos Cement (A.C.) watermain on Talbot Line East (Highway #3) installed circa 1965 is approaching the end of its useful life, requiring replacement.The 2019 Capital Budget included $380,000 for this project and a tender was issued in March 2019, with only one bid being received in the amount of $1,360,406. The significant increase tothe project cost is primarily dueto requirements mandated by the MTO due to Highway 3 being a Provincial roadwayand in their jurisdiction. The high risk, highpriority item identified in the Asset Management Plan for the sewer system isthe Pumping Station at the OPC, which is already underway in partnership with the Province and Federal Government. Based on the above, the Municipal Staff recommend that the Township apply for fundingfor the replacement of the Talbot Line East Watermain. This project has a ,and has a risk for health and safety concernsdue to the age of the system, susceptibility to main breaks, and inadequate fire protection. Financial Implications to Budget: Cost sharing under the ICIP Green Stream funding is set at 40% federal, 33.33% provincial and 26.67% municipal. Based on the previous tender price and the rise in construction costsover the last year, the Talbot Line East Watermain Project is estimated to cost about $1,400,000. The Council authorized the Township Staff to re-open discussions with the MTO to attempt re-scoping the project requirements, however the potential results of these future negotiations is uncertain. If the project is nominated by the Province and approvedby the Federal Government,it wouldbe cost shared as follows: Federal funding: $560,000 Provincial funding: $466,620 Township share: $373,380 Total:$1,400,000 Costs incurred prior to project approval are not eligible for funding. Since 2017,nearly $62,000 have been spent on pre-engineering costs (geotechnical exploration, soil samplingand consulting services). The Tbe funded from reservefunds. Without grant funding, the Township would have to incur long-term debt to finance the project and increase user fees significantly for the next 20 years in order to meet the debt repayment obligations. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government.One o Embody\[ing\] Financial Efficiency throughoutDecision Making Maximizing sources of funding to updateor extend the useful life of municipal infrastructure meets the intention of this goal. Submitted by:Approved by: Matt Sweetland, Director Physical Services Report to Council REPORT NO.:FIN-20-01 DATE: January 9, 2020 ATTACHMENT:Draft By-law SUBJECT:Port Bruce HarbourImprovements / Pier Rehabilitation-Long- Term Debt Financing Recommendation: THAT Report No. FIN 20-01Port Bruce Harbour Improvements/ Pier Rehabilitation -Long-Term Debt Financing; AND THATthe recommended draws fromreserves, as detailed in this Report, to assist in financing the rehabilitation works of the Port Bruce Harbour break wall and pier be approved; AND THAT the proposed by-law for long-term debt financing by Ontario Infrastructure and Lands Corporation (OILC) be approved. Background: As the Council will recall, the Port Bruce Harbour entrance improvements tender was awardedto East Elgin Concrete ata total price of $2,326,500 plus HST to be funded as follows: -Grant funding in the amount of $970,100; -Reserves in the amount $430,000; and -Long Term Debt Financing, in the amount of $926,500. Comments/Analysis: The Federal grant program stipulates project completion by March31,2020. The project work is already underway, and is being carried out subject to day-to-day weather conditions (rain, heavy winds, etc.). Meanwhile, the Staff have obtained long-term financingoptions and are seeking approval for a by-law to enter into a debt financing agreement. Financial Implications to Budget: OILC or, as it is more commonly referred to, Infrastructure Ontario (IO) and the ,Royal Bank of Canada (RBC) wereapproached for debt financing options. IO has offered a tentative rate of 2.6% for financing over a 20 year period. RBCfinancing is at a tentativerate of Prime minus 0.5% (tentatively3.45%)and restricted to a one year term. The Staff are recommending the IO debt financing proposal with the lower interest rate as it is more appropriate for the life of the rehabilitationwork and the amount repayable each year. If the maximum grant funding is received in time, the total debt requirement will be only $926,600 as previously reportedto Council. The impact on the Operating Budget in 2020 and future years is estimated to be about $25,000 in 2020 and $60,000 in the following years, assuming an interest rate of 2.6%, a 20 year term, and monthly payments.The approved 2020 Budget included thesepayments (principal and interest). Actuals may differ marginally, based on the final interest rate that is confirmed by IO and the exact payment due dates. The attached draft by-law states financing to be at $1,326,600. Given that this is a critical flood mitigation project that needs to be completed as recommended in the Engineer Report, the Staff have felt it prudent to seek approval for a higher amount. It is not expected that this entire amount will be drawn upon, it has been sought as an measure while the grant funding amount is not processed and receiveduntil after project completion. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. throughout DecisionThe appropriate use of long term debt to finance the long term capital lifecycle replacement is one of the ways to achievethis goal. Submitted by:Approved by: THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-06 A BY-LAW TO AUTHORIZE CERTAIN NEW CAPITALWORK(S) OFCORPORATION OF THE TOWNSHIP OF MALAHIDE(THE ; TO AUTHORIZE THE SUBMISSION OFAN APPLICATION TO ONTARIO INFRASTRUCTURE AND LANDS FOR FINANCING OFSUCH CAPITAL WORK(S); TO AUTHORIZE TEMPORARY BORROWING FROM OILC TO MEET EXPENDITURES IN CONNECTION WITH SUCH CAPITAL WORK(S); AND TO AUTHORIZELONG-TERM BORROWING FOR SUCH CAPITAL WORK(S)THROUGH THE ISSUE OF DEBENTURES TO OILC WHEREASthe Municipal Act,2001Act provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREASit is now deemed to be expedient to authorize for the purposes of the Municipality the new capital work(s) described in column (2) of Schedule Capital Work(s)attached hereto and forming partof this By-Schedule Work(s) that will be requested by the Municipality in the Application as hereinafter defined; AND WHEREASin accordance with section 4 of Ontario Regulation 403/02 Regulation limit in respect of its most recent annual debt and financial obligation limit received from ), and, on the basis of the authorized estimated expenditure for the Capital Work or each Capital Work, as the case may be, as set out in column (3) ofAuthorized Expenditure any such Capital Work), the Treasurer calculated the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, (collectively the Estimated Annual Amount Payablethe Estimated Annual Amount Payable does not cause the Municipality to exceed the Updated Limit, and accordingly the approval of the Local Planning Appeal Tribunalpursuant to the Regulation, is not required before any such Capital Work is authorized by the Council of the Municipality; AND WHEREASsubsection 405(1) of the Act provides, amongst other things, that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in wholeor in part by the issue of debentures if, the municipality is an upper-tier municipality, a lower-tier municipality in a county or a single-tier municipality and it has approved the issue of debentures for the work; AND WHEREASsubsection 401(1) of the Actprovides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; AND WHEREASthe Act also provides that a municipality shall authorize long-termborrowing by the issue of debentures or through another municipality under section403 or 404 of the Act; AND WHEREASOILC has invited Ontario municipalities desirous of obtaining temporary and long-termdebt financing in order to meet capital expenditures incurred on or after the year that is five years prior to the year of an applicationin connection with eligible capital works to make application to OILC for such financing by completing and submitting an application inthe form provided by OILC; AND WHEREASthe Municipality has completed and submittedoris in the process of submittingan application to OILC, as the case may be,Application request financing for the Capital Work(s) by way of long-termborrowing through the issue of debentures to OILC and by way of temporary borrowing from OILC pending the issue of such debentures; AND WHEREASOILC has accepted and has approvedor will notify the Municipality only ifit accepts and approvesthe Application, as the case may be; NOW THEREFORE THE COUNCIL OFTHECORPORATION OF THE TOWNSHIP OF MALAHIDE ENACTS AS FOLLOWS: 1.The Council of the Municipality hereby confirms, ratifies and approves the execution by the Treasurerof the Application and the submission by such authorized officialof the Application, duly executed by such authorized official, to OILCfor the financing of the Capital Work(s) in the maximum aggregate principal amount of $1,326,600substantially in the f part of this By-law, with such changesthereon as such authorized officialmay hereafter approve, such execution and delivery to be conclusive evidence of such approval. 2.(a)The undertaking of the Capital Work or of each Capital Work, as the case may be, in the amount of the respective estimated Authorized Expenditure set out in column (3) (b)any one or more of theMayor,CAO/Clerkand the Treasurer are hereby authorized to conclude contracts on behalf of the Municipality for the undertaking ofthe Capital Work or of each Capital Work, as the case may (c)where applicable, the Engineer of the Municipality will forthwith make such plans, profiles and specifications and furnish such information as in the opinion of the Engineer are necessary for the undertaking ofthe Capital Work or of each Capital Work, as the case may be; and (d)where applicable, the undertaking ofthe Capital Work or of each Capital Work, as the case may be, shall be carried on and executed under the superintendence and according to the direction and orders of such Engineer. 3.TheMayor, CAO/Clerkand the Treasurerare hereby authorized to negotiate and enter into, execute and deliver for and on behalf of the Municipality a financing Financing Agreement long-termborrowing from OILC under the authority of this By-law in respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval. 4.The Mayor,CAO/Clerkand the Treasurerare hereby authorized, pending the substantial completion of the Capital Work or of each CapitalWork, as the case may be,or as otherwise agreed with OILC, to make temporary borrowings pursuant to section 405 of the Act in respect of the Capital Work or of each Capital Work, as the case may be, on the terms and conditions provided in the Financing Agreement which Financing Agreement provides that the information contained in the Record, as defined in the Financing Agreement, in respect of such temporary borrowings shall be deemed final, conclusive and binding on the Municipality, and on such other terms and conditions as such authorized officials may agree; and the Treasurer is authorized to sign such certifications as OILC may require in connection with such borrowings in respect of the Capital Work(s); provided that the amount of borrowings allocated to the Capital Work or toeach Capital Work, as the case may be,does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Work. 5.Subject to the terms and conditions of the Financing Agreement and such other terms and conditions as OILC may otherwise require, theMayor,CAO/Clerkand the Treasurer are hereby authorized to long-termborrow for the Capital Work(s) and to issue debentures to OILC on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized Debenturesprincipal amount of the Debentures issued in respect of the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule 6.In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, the Municipality is hereby authorized to agree in writing with OILC that the Minister of Finance is entitled, without notice to the Municipality, to deduct frommoney appropriated by the Legislative Assembly of Ontario for payment to the Municipality, amounts not exceeding the amounts that the Municipality fails to pay to OILC on account of any unpaidindebtedness of the Municipality to OILC under any outstandingtemporary borrowing and/or the Debentures, as the case may be Obligationsand to pay such amounts to OILC from the Consolidated Revenue Fund. 7.For the purposes of meeting the Obligations, the Municipality shall provide for raisingin each year as part of the general levy, the amounts of principal and interest payable in each year under any outstanding temporary borrowingand/or any Debentureoutstanding pursuant to the Financing Agreement, to the extent that the amounts have not been provided for byany other available source including other taxes or fees or charges imposed on persons or property by a by- law of any municipality. 8.(a)The Mayor,CAO/Clerkand the Treasurer are hereby authorized to enter into, execute and deliver the Financing Agreement, and to issue the Debentures, one or more of the CAO/Clerk and the Treasurer are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Municipality in order to perform the Obligations of theMunicipality under the Financing Agreement,to request and receive any temporary borrowingand to issue the Debentures, and the Treasurer is seal to any such documents and papers. (b)The money realized in respect of any temporary borrowing for the Capital Work(s)and the Debentures, including any premium, and any earnings derived from the investment of that money, after providing for the expenses related to any such temporary borrowingandtothe issue of the Debentures, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act. 9.This By-law takes effect on the day of passing. READaFIRSTandSECONDtime this 9th day of January,2020. READaTHIRDtime and FINALLY PASSEDthis 9th day of January, 2020. __________________________ Deputy Mayor, D. Giguère __________________________ Clerk, M. Casavecchia-Somers Schedule to By-law No.20-06 New Capital Work(s) (1)(2)(3)(4) Capital Work Description of Capital Estimated Loan Amount NumberWorkExpenditure 01-9260-7011Pt Bruce Pier Rehabilitation$2,326,600$1,326,600 to By-law No. 20-06 OILC Application THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 20-01 Being a by-law to authorize temporary borrowing fromtime to time to meet current expenditures during the fiscal year ending December 31,2020. WHEREASSection 407 of theMunicipal Act, 2001, as amended, provides authority for a Council by by-law to authorizethe Head of Council or the Treasurer or both of them to borrow from time to time, such sums as the Council considers necessary to meet, until taxes are collected and other revenues are received, the current expenditures of the Municipalityfor the year; AND WHEREASthe total amount which may be borrowed from all sources at any one time to meet the current expenditures of the Municipality, except with the approval of the Municipal Board, is limited by Section 407 of the Municipal Act, 2001; NOW THEREFORE the Council of The Corporation of the Township of MalahideHEREBYENACTS AS FOLLOWS: 1.The Head of Council orthe Treasurer or both of them are hereby authorized to borrow from time to time during the fiscal year (hereinafter referred to as the current year) such sums as may be necessary to meet, until taxes are collected and other revenues are received, the current expenditures of the Municipality for the current year. 2.The lender(s) from whom amounts may be borrowed under authority of this by- law shall be Royal Bank of Canada and such other lender(s) as may be determined from time to time by by-law of Council. 3.The total amount which may be borrowed at any one time under this by-law plus any outstanding amounts of principal borrowed and accrued interest under Section 407 together with the total of any similar borrowings that have not been repaid, shall not exceed a.from January 1 to September 30 of the current year, 50 percent of the totalestimated revenues of the Municipality as set out in the budget adopted for the current year, and b.from October 1to December 31 of the current year, 25 percent of the total of the estimated revenues of the Municipality as set out in the budgetadopted for the current year, c.or $2,200,000, whichever is less. 4.The Treasurer shall, at the time when any amount is borrowed under this by- law, ensure that the lender is or has been furnished with a certified copy of this by-law, (a certified copy of the resolution mentioned in section 2 determining the lender,) if applicable, and a statement showing the nature and amount of the estimated revenues for the current year andalso showing the total of any other amounts borrowed from any and all sources under authority of section 407 of the Municipal Act that have not been repaid. 5.If the budget for the current year has not been adopted at the time an amount is borrowed under this by-law, the limitations as set out in Section 3 of this by-law, shall be calculated for the time being upon the estimated revenues of the Municipality as set forth in the estimates adopted for the next preceding year, less all revenues received for and on account of the current year, as provided in Schedule A. 6.If the budget for the current year has been not been adopted at the time an amount is borrowedunder this by-law, the statement furnished under section 4 shall show the nature and amount of the estimated revenues of the Municipality as set forth in the budget adopted for the current year and the nature and amount of the revenues received for and onaccount of the current year. 7.For purposes of this by-law the estimated revenues referred to in section 3,4, and 5 do not include revenues derivable or derived from, a) any borrowing, including through any issue of debentures; b) a surplus, including arrears of taxes, fees or charges; or c) a transfer from the capital fund, reserve funds or reserves. 8.The Treasurer be and is hereby authorized and directed to apply in payment of all or, any sums borrowed under this by-law, together with interest thereon, all or any of the moneys hereafter collected or received, either on account of or realized in respect of the taxes levied for the current year and previous years or from any other source, that may be lawfully applied for such purpose. 9.Evidences of indebtedness in respect of borrowings made under section 1 shall be signed by the head of the council orconform to the treasurer or both of them. 10.The Bank shall not be responsible for establishing the necessity of temporaryborrowing under this by-law or the manner in which the borrowing is used. 11.This by-law shall take effect on the day of passi2020 Temporary Borrowing By-l th READaFIRSTandSECONDtime this 9day of January, 2020. th READaTHIRDtime and FINALLY PASSEDthis 9day of January, 2020. ____________________________________________________________ Deputy Mayor -D.GiguereCAO/Clerk -M. Casavecchia-Somers E-FORM 348 (01/2004) (FOR BANK USE ONLY) 733-494- S.R.F 561 . No.: BY-LAW 20-01 Schedule A REVENUES2020 BUDGET Township Taxes $7,339,919.19 OMPF Grant $797,800.00 Building Permits, User Fees and Licences $604,260.00 Service Fees$137,677.23 Total $8,879,656.42 Does not include county, school or supplementary taxes, arrears, fines and penalties, transfers from reserves, borrowing incl.debentures, etc.as stipulated in Section 7 of the By-Law. THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 20-02 Being a By-law to provide for an interim tax levy fortheyear 2020for all property classes. WHEREASSection 317(1)of the Municipal Act, S.O. 2001, c. 25as amended, requires that the Council of a local municipality, before the adoption of the estimates for the year under section 290, may pass a By-law levying amounts on the assessment of property in the local municipality rate-able for local municipality purposes; AND WHEREAS Section 317(2) of the Municipal Act, S.O. 2001, c. 25as amended, requires that a By-law under subsection (1) shall be passed in the year that the amounts are to be levied or may be passed in November or December of the previous year if it provides that it does not come into force until a specified day in the following year; AND WHEREASthe Council of The Corporation of the Township of Malahide deems it expedient to provide for such interim levy on the assessment of property in this municipality; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the amounts levied shall be as follows: a.the percentage prescribed by the Minister under section 317(3) of the Municipal Act, 2001; or b.50% if no percentage is prescribed, of the total taxes for municipal and school purposes levied on the property in the year 2020. 2.THAT for the purposes of calculating the total amount of taxes for the year 2020 under Paragraph 1, if any taxes for municipal and school purposes were levied on a property for only apart of 2020because assessment was added to the 2020, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. By-law No. 20-02 Page 2 3.THAT the said interim tax levy for all property classes shall become due and payable in two installments as follows: th a.50% of the interim levy shall become due and payable on the 15day of March, 2020; and th b.the balance of the interim levy shall become due and payable on the 15 day of June, 2020. 4.THAT non-payment of the amount on the dates stated in accordance with this section shall constitute default. 5.THAT there shall be imposed on all taxes a penalty for non-payment or late payment of taxes in default of the installment dates set out above. The penalty shall be one and one-quarter percent (1.25%) of the amount in default on the first day of default and on the first day of each calendar monthduring which the default continues, but not after the end of 2020. 6.THAT on all other taxes in default on January 1, 2020, interest shall be added at the rate of one and one-quarter percent (1.25%) per month or fraction thereof. 7.THAT penalties and interest added on all taxes of the interim tax levy in default shall become due and payable and shall be collected forthwith as if the same had originally been imposed and formed part of such unpaid interim tax levy. 8.THAT a failure to receive the aforesaid notice in advance of the date for payment of the interim levy or any installment, does not affect the timing of default or the date from which interest shall be imposed. 9.THAT the Treasurer of the Township of Malahide may accept part payment on account of any taxes due, but such acceptance shall not affect interest or penalty imposed and collected under section 4 of this By-law in respect of non-payment or late payment of any taxes orany installment of taxes. 10.THAT the Treasurermay mail or cause the same to be mailed to the residence or place of business of such person indicated on the last revised assessment roll, a written or printed notice specifying the amount of taxes payable. The notice shall contain the particulars provided for in this By-law and the information required to Municipal Act, 2001. 11.THAT taxes are payable at the Township of Malahide Municipal Office located at 87 John Street South, Aylmer, Ontario. By-law No. 20-02 Page 3 12.THAT the subsequent levy for the year 2020to be made under the Municipal Act, 2001, shall be reduced by the amount to be raised by the levy imposed by this By-law. 13.THAT nothing in this By-law shall prevent the Treasurer from proceeding at any time with the collection of any tax, or any part thereof, in accordance with the provisions of the statute and by-laws governing the collection of taxes. 14.THAT any By-law or By-laws, or parts of any By-law or By-laws,that are inconsistent with this By-law are hereby deemed repealed. 15.THAT this By-law comes into force and takes effect on the final passing thereof. th READaFIRSTandSECONDtime this 9day of January, 2020. th READaTHIRDtime and FINALLY PASSEDthis9day of January, 2020. __________________________ Deputy Mayor, D. Giguere __________________________ Clerk, M. CasavecchiaSomers THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-03 Being a By-law to adopt the 2020Budget for The Corporation of the Township of Malahide. WHEREASthe Council of The Corporation of the Township of Malahide in accordance with the provisions of Section 312 of the Municipal Act, 2001, c. 25,has prepared and provisionally adopted the estimates of all sums required during the Year 2020for the purposes of the Municipality, including the sums required by law to be provided for School purposes and County purposes for the Year2020; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the2020Budget as per Schedule Aattached hereto which incorporates estimates for revenues and expenditures be approved and adopted by the Council. 2.sapart of this By-law. 3.THAT this By-law shall come into force and take effect on the final date of passing thereof. th READaFIRSTandSECONDtime this 9day of January, 2020. th READaTHIRDtime and FINALLY PASSEDthis 9day of January, 2020. __________________________ Deputy Mayor,D.Giguere __________________________ Clerk, M. Casavecchia-Somers TOWNSHIP OF MALAHIDE SCHEDULE BY-LAW 20-03 2020BUDGET $8,322,390.84 $1,050,800.00 $0.00 $208,235.87 $106,177.23 $1,120,729.87 $83,774.02 $914,617.31 $262,000.00 $216,456.50 $42,500.00 $40,473.29 $0.00 $153,188.85 $20,000.00 $1,076,221.03 $30,000.00 $11,911.35 $2,300.00 $96,764.44 $227,560.00 $583,974.99 $26,627.83 $13,529.89 $0.00 $26,817.69 $21,000.00 $20,948.11 $7,000.00 $3,456.35 $44,650.00 $330,575.30 $0.00 $295,000.00 $2,000.00 $79,828.63 $2,000.00 $42,734.46 $50,700.00 $147,470.00 $50,000.00 $55,402.09 $0.00 $34,203.00 $23,000.00 $96,026.95 $247,720.00 $3,364,901.13 $31,068.19 $37,991.48 $752,000.30 $747,000.30 $520,152.28 $2,191,961.81 $1,937,000.00 $1,952,000.00 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-05 Being a By-law toauthorize a Franchise Agreement between the Township of Malahide and Enbridge Gas Inc. WHEREASSection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREASthe Council of the Corporation of the Township of Malahide deems it expedient to enter into the attached franchise agreement (the "Franchise Agreement") with Enbridge Gas Inc.; AND WHEREASthe Ontario Energy Board,by its Order issued pursuant to the Municipal Franchises Acton the _____day of ___________, 20___,has approved the terms and conditions upon which and the period for which the franchise provided in the Franchise Agreement is proposed to be granted, and has declared and directed that the assent of the municipal electors in respect of this By-law is not necessary; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the entering into of aFranchiseAgreement between The Corporation of the Township of Malahide and Enbridge Gas Inc.,as attached hereto and forming part of this By-law, is hereby approved and authorized and the franchise provided for therein is hereby granted. 2.THAT the Mayor and the Clerk be and they are hereby authorized and directed to enter into and execute on behalf of The Corporation of the Township of Malahide the said Franchise Agreement in the same formas that attached hereto and forming a part of this By-law. 3.THAT this By-law shall come into force and take effect on the final passing thereof. th READaFIRSTandSECONDtime this9day of January,2020. __________________________ Deputy Mayor,D.Giguere __________________________ Clerk, M. Casavecchia-Somers READaTHIRDtime and FINALLY PASSEDthis ____ day of ____________, 2020. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers Page 1 2000 Model Franchise Agreement THIS AGREEMENT effective this day of , 2019 BETWEEN: THE CORPORATION OF THE TOWNSHIP OF MALAHIDE hereinafter called the "Corporation" -and- ENBRIDGE GAS INC. hereinafter called the "Gas Company" WHEREAS the Gas Company desires to distribute, store and transmit gas in the Municipality upon the terms and conditions of this Agreement; AND WHEREAS by by-law passed by the Council of the Corporation (the "By-law"), the duly authorized officers have been authorized and directed to execute this Agreement on behalf of the Corporation; THEREFORE the Corporation and the Gas Company agree as follows: Part I -Definitions 1.In this Agreement (a) parts of the gas system, mean any parts of the gas system taken out of active use and purged in accordance with the applicable CSA standards and in no way affects the use of the term 'abandoned' pipeline for the purposes of the Assessment Act; (b) employed by the Corporation with responsibilities for highways within the Municipality or the person designated by such senior employee or such other person as may from time to time be designated by the Council of the Corporation; Page 2 (c)"gas" means natural gas, manufactured gas, synthetic natural gas, liquefied petroleum gas or propane-air gas, or a mixture of any of them, but does not include a liquefied petroleum gas that is distributed by means other than a pipeline; (d)"gas system" means such mains, plants, pipes, conduits, services, valves, regulators, curb boxes, stations, drips or such other equipment as the Gas Company may require or deem desirable for the distribution, storage and transmissionof gas in or through the Municipality; (e)"highway" means all common and public highways and shall include any bridge, viaduct or structure forming part of a highway, and any public square, road allowance or walkway and shall include not only the travelled portion of such highway, but also ditches, driveways, sidewalks, and sodded areas forming part of the road allowance now or at any time during the term hereof under the jurisdiction of the Corporation; (f)"Model Franchise Agreement" means the form of agreement which the Ontario Energy Board uses as a standard when considering applications under the Municipal Franchises Act. The Model Franchise Agreement may be changed from time to time by the Ontario Energy Board; (g)"Municipality" means the territorial limits of the Corporation on the date when this Agreement takes effect, and any territory which may thereafter be brought within the jurisdiction of the Corporation; (h)"Plan" means the plan described in Paragraph 5 of this Agreement required to be filed by the GasCompany with the Engineer/Road Superintendent prior to commencement of work on the gas system; and (i)whenever the singular, masculine or feminine is used in this Agreement, it shall be considered as if the plural, feminine or masculine has been used where the context of the Agreement so requires. Page 3 Part II -Rights Granted 2.To provide gas service The consent of the Corporation is hereby given and granted to the Gas Company to distribute, store and transmit gas in and through the Municipality to the Corporation and to the inhabitants of the Municipality. 3.To Use Highways Subject to the terms and conditions of this Agreement the consent of the Corporation is hereby given and granted to the Gas Company to enter upon all highways now or at any time hereafter underthe jurisdiction of the Corporation and to lay, construct, maintain, replace, remove, operate and repair a gas system for the distribution, storage and transmission of gas in and through the Municipality. 4.Duration of Agreement and Renewal Procedures (a)Ifthe Corporation has not previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law. or (b)If the Corporation has previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law provided that, if during the 20 year term of this Agreement, the Model Franchise Agreement is changed, then on thth the 7anniversary and on the14anniversary of the date of the passing of the By-law, this Agreement shall be deemed to be amended to incorporate any changes in the Model Franchise Agreement in effect on such anniversary dates. Such deemed amendments shall not apply to alter the 20year term. (c)At any time within two years prior to the expiration of this Agreement, either party may give notice to the other that it desires to enter into negotiations for a renewed franchise upon such terms and conditions as may be agreed upon. Until such renewal has been settled, the terms and conditions of this Agreement shall continue, notwithstanding the expiration of this Agreement. This shall not preclude either party from applying to the Ontario Energy Board for a renewal of the Agreement pursuant to section10 of the Municipal Franchises Act. Page 4 Part III Conditions 5.Approval of Construction (a)The Gas Company shall not undertake any excavation, opening or work which will disturb or interfere with the surface of the travelled portion of any highway unless a permit therefor has first been obtained from the Engineer/Road Superintendent and all work done by the Gas Company shall be to his satisfaction. (b)Prior to the commencement of work on the gas system, or any extensions or changes to it (except service laterals which do not interfere with municipal works in the highway), the Gas Company shall file with the Engineer/Road Superintendent a Plan, satisfactory to the Engineer/Road Superintendent, drawn to scale and of sufficient detail considering the complexity of the specific locations involved, showing the highways in which it proposes to lay its gas system and the particular parts thereof it proposes to occupy. (c)The Plan filed by the Gas Company shall include geodetic information for a particular location: (i)where circumstances are complex, in order to facilitate known projects, including projects which are reasonably anticipated by the Engineer/Road Superintendent, or (ii)when requested, where the Corporation has geodetic information for its own services and all others at the same location. (d)The Engineer/Road Superintendent may require sections of the gas system to be laid at greater depth than required by the latest CSA standard for gas pipeline systems to facilitate known projects or to correct known highway deficiencies. (e)Prior to the commencement of work on the gas system, the Engineer/Road Superintendent must approve the location of the work as shown on the Plan filed by the Gas Company, the timing of the work and any terms and conditions relating to the installation of the work. (f)In addition to the requirements of this Agreement, if the Gas Company proposes to affix any part of the gas system to a bridge, viaduct or other structure, if the Engineer/Road Superintendent approves this proposal, he may require the Gas Company to comply with special conditions or to enter into a separate agreement as a condition of the approval of this part of the construction of the gas system. Page 5 (g)Where the gas system may affect a municipal drain, the Gas Company shall also file a copy of the Plan with the Corporation's Drainage Superintendent for purposes of the Drainage Act, or such other person designated by the Corporation as responsible for the drain. (h)The Gas Company shall not deviate from the approved location for any part ofthe gas system unless the prior approval of the Engineer/Road Superintendent to do so is received. (i)The Engineer/Road Superintendent's approval, where required throughout this Paragraph, shall not be unreasonably withheld. (j)The approval of the Engineer/Road Superintendent is not a representation or warranty as to the state of repair of the highway or the suitability of the highway for the gas system. 6.As Built Drawings The Gas Company shall, within six months of completing the installation of any part of the gas system, provide two copies of "as built" drawings to the Engineer/Road Superintendent. These drawings must be sufficient to accurately establish the location, depth (measurement between the top of the gas system and the ground surface at the time of installation) and distance of the gas system. The "as built" drawings shall be of the same quality as the Plan and, if the approved pre-construction plan included elevations that were geodetically referenced, the "as built" drawings shall similarly include elevations that are geodetically referenced. Upon the request of the Engineer/Road Superintendent, the Gas Company shall provide one copy of the drawings in an electronic format and one copy as a hard copy drawing. 7.Emergencies In the event of an emergency involving the gas system, the Gas Company shall proceed with the work required to deal with the emergency, and in any instance where prior approval of the Engineer/Road Superintendent is normally required for the work, the Gas Company shall use its bestefforts to immediately notify the Engineer/Road Superintendent of the location and nature of the emergency and the work being done and, if it deems appropriate, notify the police force, fire or other emergency services having jurisdiction. The Gas Companyshall provide the Engineer/Road Superintendent with at least one 24 hour emergency contact for the Gas Company and shall ensure the contacts are current. Page 6 8.Restoration The Gas Company shall well and sufficiently restore, to the reasonable satisfaction of the Engineer/Road Superintendent, all highways, municipal works or improvements which it may excavate or interfere with in the course of laying, constructing, repairing or removing its gas system, and shall make good any settling or subsidence thereafter caused by such excavation or interference. If the Gas Company fails at any time to do any work required by this Paragraph within a reasonable period of time, the Corporation may do or cause such work to be done and the Gas Company shall, on demand, pay the Corporation's reasonably incurred costs, as certified by the Engineer/Road Superintendent. 9.Indemnification The Gas Company shall, at all times, indemnify and save harmless the Corporation from and against all claims, including costs related thereto, for all damages or injuries including death to any person or persons and for damage to any property, arising out of the Gas Company operating, constructing, and maintaining its gas system in the Municipality, or utilizing its gas system for the carriage of gas owned by others. Provided that the Gas Company shall not be required to indemnify or save harmless the Corporation from and against claims, including costs related thereto, which it may incur by reason of damages or injuries including death to any person or persons and for damage to any property, resulting from the negligence or wrongful act of the Corporation, its servants, agents or employees. 10.Insurance (a)The Gas Company shall maintain Comprehensive General Liability Insurance in sufficient amount and description as shall protect the Gas Company and the Corporation from claims for which the Gas Company is obliged to indemnify the Corporation under Paragraph 9. The insurance policy shall identify the Corporation as an additional named insured, but only with respect to the operation of the named insured (the Gas Company). The insurance policy shall not lapse or be cancelled without sixty (60) days' prior written notice to the Corporation by the Gas Company. (b)The issuance of an insurance policy as provided in thisParagraph shall not be construed as relieving the Gas Company of liability not covered by such insurance or in excess of the policy limits of such insurance. (c)Upon request by the Corporation, the Gas Company shall confirm that premiums for such insurance have been paid and that such insurance is in full force and effect. Page 7 11.Alternative Easement The Corporation agrees, in the event of the proposed sale or closing of any highway or any part of a highway where there is a gas line in existence, to give the Gas Company reasonable notice of such proposed sale or closing and, if it is feasible, to provide the Gas Company with easements over that part of the highway proposed to be sold or closed sufficient to allow the Gas Company to preserve any part of the gas system in its then existing location. In the event that such easements cannot be provided, the Corporation and the Gas Company shall share the cost of relocating or altering the gas system to facilitate continuity of gas service, as provided for in Paragraph 12 of this Agreement. 12.Pipeline Relocation (a)If in the course of constructing, reconstructing, changing, altering or improving any highway or any municipal works, the Corporation deems that it is necessary to take up, remove or change the location of any part of the gas system, the Gas Company shall, upon notice to do so, remove and/or relocate within a reasonable period of time such part of the gas system to a location approved by the Engineer/Road Superintendent. (b)Where any part of the gas system relocated in accordance with this Paragraph is located on a bridge, viaduct or structure, the Gas Company shall alter or relocate that part of the gas system at its sole expense. (c)Where any part of the gas system relocated in accordance with this Paragraph is located other than on a bridge, viaduct or structure, the costs of relocation shall be shared between the Corporation and the Gas Company on the basis of the total relocation costs, excluding the value of any upgrading of the gas system, and deducting any contribution paid to the Gas Company by others in respect to such relocation; and for these purposes, the total relocation costs shall be the aggregate of the following: (i)the amount paid to Gas Company employees up to and including field supervisors for the hours worked on the project plus the current cost of fringe benefits for these employees, (ii)the amount paid for rental equipment while in use on the project and an amount, charged at the unit rate, for Gas Company equipment while in use on the project, (iii)the amount paid by the Gas Company to contractors for work related to the project, Page 8 (iv)the cost to the Gas Company for materials used in connection with the project, and (v)a reasonable amount for project engineering and project administrative costs which shall be 22.5% of the aggregate of the amounts determined in items (i), (ii), (iii) and (iv) above. (d)The total relocation costs as calculated above shall be paid 35% by the Corporation and 65% by the Gas Company, except where the part of the gas system required to be moved is located in an unassumed road or in an unopened road allowance and the Corporation has not approved its location, in which case the Gas Company shall pay 100% of the relocation costs. Page 9 Part IV -Procedural And Other Matters 13.Municipal By-laws of General Application The Agreement is subject to the provisions of all regulating statutesand all municipal by-laws of general application, except by-laws which have the effect of amending this Agreement. 14.Giving Notice Notices may be delivered to, sent by facsimile or mailed by prepaid registered post to the Gas Company at its head office or to the authorized officers of the Corporation at its municipal offices, as the case may be. 15.Disposition of Gas System (a)If the Gas Company decommissions part of its gas system affixed to a bridge, viaduct or structure, the Gas Company shall, at its sole expense, remove the part of its gas system affixed to the bridge, viaduct or structure. (b)If the Gas Company decommissions any other part of its gas system, it shall have the right, but is not required, to remove that part of its gas system. It may exercise its right to remove the decommissioned parts of its gas system by giving notice of its intention to do so by filing a Plan as required by Paragraph 5 of this Agreement for approval by the Engineer/Road Superintendent. If the Gas Company does not remove the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other worksin any highway, the Corporation may remove and dispose of so much of the decommissioned gas system as the Corporation may require for such purposes and neither party shall have recourse against the other for any loss, cost, expense or damage occasioned thereby. If the Gas Company has not removed the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in a highway, the Gas Company may elect to relocate the decommissioned gas system and in that event Paragraph 12 applies to the cost of relocation. 16.Use of Decommissioned Gas System (a)The Gas Company shall provide promptly to the Corporation, to the extent such information is known: Page 10 (i)the names and addresses of all third parties who use decommissioned parts of the gas system for purposes other than the transmission or distribution of gas; and (ii)the location of all proposed and existing decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas. (b)The Gas Company may allow a third party to use a decommissioned part of the gas system for purposes other than the transmission or distribution of gas and may charge a fee for that third party use, provided (i)the third party has entered into a municipal access agreement with the Corporation; and (ii)the Gas Company does not charge a fee for the third party's right of access to the highways. (c)Decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas are not subject to the provisions of this Agreement. For decommissioned parts of the gas system used for purposes other than the transmission and distribution of gas, issues such as relocation costs will be governed by the relevant municipal access agreement. 17.Franchise Handbook The Parties acknowledge that operating decisions sometimes require a greater level of detail than that which is appropriately included in this Agreement. The Parties agree to look for guidance on such matters to the Franchise Handbook prepared by the Association of Municipalities of Ontario and the gas utility companies, as may be amended from time to time. 18.Other Conditions Notwithstanding the cost sharing arrangements described in Paragraph 12, if any part of the gas system altered or relocated in accordance with Paragraph 12 was constructed or installed prior to January 1, 1981, the Gas Company shall alter or relocate, at its sole expense, such part of the gas system at the point specified, to a location satisfactory to the Engineer/Road Superintendent. 19.Agreement Binding Parties This Agreement shall extend to, benefit and bind the parties thereto, their successors and assigns, respectively. Page 11 IN WITNESS WHEREOF the parties have executed this Agreement effective from the date written above. THE CORPORATION OF THE TOWNSHIP OF MALAHIDE Per: ________________________________________ Dave Mennill,Mayor Per: ________________________________________ Michelle Casavecchia-Somers Chief Administrative Officer/Clerk ENBRIDGE GAS INC. Per: ________________________________________ Mark Kitchen, Director Regulatory Affairs Per: ________________________________________ Steven Jelich,Director, SouthwestRegion Operations THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-06 A BY-LAW TO AUTHORIZE CERTAIN NEW CAPITALWORK(S) OFCORPORATION OF THE TOWNSHIP OF MALAHIDE(THE ; TO AUTHORIZE THE SUBMISSION OFAN APPLICATION TO ONTARIO INFRASTRUCTURE AND LANDS FOR FINANCING OFSUCH CAPITAL WORK(S); TO AUTHORIZE TEMPORARY BORROWING FROM OILC TO MEET EXPENDITURES IN CONNECTION WITH SUCH CAPITAL WORK(S); AND TO AUTHORIZELONG-TERM BORROWING FOR SUCH CAPITAL WORK(S)THROUGH THE ISSUE OF DEBENTURES TO OILC WHEREASthe Municipal Act,2001Act provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREASit is now deemed to be expedient to authorize for the purposes of the Municipality the new capital work(s) described in column (2) of Schedule Capital Work(s)attached hereto and forming partof this By-Schedule Work(s) that will be requested by the Municipality in the Application as hereinafter defined; AND WHEREASin accordance with section 4 of Ontario Regulation 403/02 Regulation limit in respect of its most recent annual debt and financial obligation limit received from ), and, on the basis of the authorized estimated expenditure for the Capital Work or each Capital Work, as the case may be, as set out in column (3) ofAuthorized Expenditure any such Capital Work), the Treasurer calculated the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, (collectively the Estimated Annual Amount Payablethe Estimated Annual Amount Payable does not cause the Municipality to exceed the Updated Limit, and accordingly the approval of the Local Planning Appeal Tribunalpursuant to the Regulation, is not required before any such Capital Work is authorized by the Council of the Municipality; AND WHEREASsubsection 405(1) of the Act provides, amongst other things, that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in wholeor in part by the issue of debentures if, the municipality is an upper-tier municipality, a lower-tier municipality in a county or a single-tier municipality and it has approved the issue of debentures for the work; AND WHEREASsubsection 401(1) of the Actprovides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; AND WHEREASthe Act also provides that a municipality shall authorize long-termborrowing by the issue of debentures or through another municipality under section403 or 404 of the Act; AND WHEREASOILC has invited Ontario municipalities desirous of obtaining temporary and long-termdebt financing in order to meet capital expenditures incurred on or after the year that is five years prior to the year of an applicationin connection with eligible capital works to make application to OILC for such financing by completing and submitting an application inthe form provided by OILC; AND WHEREASthe Municipality has completed and submittedoris in the process of submittingan application to OILC, as the case may be,Application request financing for the Capital Work(s) by way of long-termborrowing through the issue of debentures to OILC and by way of temporary borrowing from OILC pending the issue of such debentures; AND WHEREASOILC has accepted and has approvedor will notify the Municipality only ifit accepts and approvesthe Application, as the case may be; NOW THEREFORE THE COUNCIL OFTHECORPORATION OF THE TOWNSHIP OF MALAHIDE ENACTS AS FOLLOWS: 1.The Council of the Municipality hereby confirms, ratifies and approves the execution by the Treasurerof the Application and the submission by such authorized officialof the Application, duly executed by such authorized official, to OILCfor the financing of the Capital Work(s) in the maximum aggregate principal amount of $1,326,600substantially in the f part of this By-law, with such changesthereon as such authorized officialmay hereafter approve, such execution and delivery to be conclusive evidence of such approval. 2.(a)The undertaking of the Capital Work or of each Capital Work, as the case may be, in the amount of the respective estimated Authorized Expenditure set out in column (3) (b)any one or more of theMayor,CAO/Clerkand the Treasurer are hereby authorized to conclude contracts on behalf of the Municipality for the undertaking ofthe Capital Work or of each Capital Work, as the case may (c)where applicable, the Engineer of the Municipality will forthwith make such plans, profiles and specifications and furnish such information as in the opinion of the Engineer are necessary for the undertaking ofthe Capital Work or of each Capital Work, as the case may be; and (d)where applicable, the undertaking ofthe Capital Work or of each Capital Work, as the case may be, shall be carried on and executed under the superintendence and according to the direction and orders of such Engineer. 3.TheMayor, CAO/Clerkand the Treasurerare hereby authorized to negotiate and enter into, execute and deliver for and on behalf of the Municipality a financing Financing Agreement long-termborrowing from OILC under the authority of this By-law in respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval. 4.The Mayor,CAO/Clerkand the Treasurerare hereby authorized, pending the substantial completion of the Capital Work or of each CapitalWork, as the case may be,or as otherwise agreed with OILC, to make temporary borrowings pursuant to section 405 of the Act in respect of the Capital Work or of each Capital Work, as the case may be, on the terms and conditions provided in the Financing Agreement which Financing Agreement provides that the information contained in the Record, as defined in the Financing Agreement, in respect of such temporary borrowings shall be deemed final, conclusive and binding on the Municipality, and on such other terms and conditions as such authorized officials may agree; and the Treasurer is authorized to sign such certifications as OILC may require in connection with such borrowings in respect of the Capital Work(s); provided that the amount of borrowings allocated to the Capital Work or toeach Capital Work, as the case may be,does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Work. 5.Subject to the terms and conditions of the Financing Agreement and such other terms and conditions as OILC may otherwise require, theMayor,CAO/Clerkand the Treasurer are hereby authorized to long-termborrow for the Capital Work(s) and to issue debentures to OILC on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized Debenturesprincipal amount of the Debentures issued in respect of the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule 6.In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, the Municipality is hereby authorized to agree in writing with OILC that the Minister of Finance is entitled, without notice to the Municipality, to deduct frommoney appropriated by the Legislative Assembly of Ontario for payment to the Municipality, amounts not exceeding the amounts that the Municipality fails to pay to OILC on account of any unpaidindebtedness of the Municipality to OILC under any outstandingtemporary borrowing and/or the Debentures, as the case may be Obligationsand to pay such amounts to OILC from the Consolidated Revenue Fund. 7.For the purposes of meeting the Obligations, the Municipality shall provide for raisingin each year as part of the general levy, the amounts of principal and interest payable in each year under any outstanding temporary borrowingand/or any Debentureoutstanding pursuant to the Financing Agreement, to the extent that the amounts have not been provided for byany other available source including other taxes or fees or charges imposed on persons or property by a by- law of any municipality. 8.(a)The Mayor,CAO/Clerkand the Treasurer are hereby authorized to enter into, execute and deliver the Financing Agreement, and to issue the Debentures, one or more of the CAO/Clerk and the Treasurer are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Municipality in order to perform the Obligations of theMunicipality under the Financing Agreement,to request and receive any temporary borrowingand to issue the Debentures, and the Treasurer is seal to any such documents and papers. (b)The money realized in respect of any temporary borrowing for the Capital Work(s)and the Debentures, including any premium, and any earnings derived from the investment of that money, after providing for the expenses related to any such temporary borrowingandtothe issue of the Debentures, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act. 9.This By-law takes effect on the day of passing. READaFIRSTandSECONDtime this 9th day of January,2020. READaTHIRDtime and FINALLY PASSEDthis 9th day of January, 2020. __________________________ Deputy Mayor, D. Giguère __________________________ Clerk, M. Casavecchia-Somers Schedule to By-law No.20-06 New Capital Work(s) (1)(2)(3)(4) Capital Work Description of Capital Estimated Loan Amount NumberWorkExpenditure 01-9260-7011Pt Bruce Pier Rehabilitation$2,326,600$1,326,600 to By-law No. 20-06 OILC Application THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-04 Being a By-law toadopt, confirm and ratify matters dealt with by resolution of the Township of Malahide. WHEREASSection 5(3) of the Municipal Act, 2001, c. 25, as amended, provides that thepowers of every council are to be exercised by by-law; AND WHEREASin many cases, action which is taken or authorized to be taken by the Township of Malahidedoes not lend itself to the passage of an individual by-law; AND WHEREASit is deemed expedient that the proceedings of the Council of the Township of Malahideat this meeting be confirmed and adopted by by-law; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the actions of the Council of the Township of Malahide,at itsregular meeting held on January 9,2020,in respect of each motion, resolution and other action taken by the Council of the Township of Malahideat such meetingis, except where the prior approval of the Ontario Municipal Board or other authority is required by law, ishereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-law. 2.THAT the Mayorand the appropriate officials of the Township of Malahideare hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Township of Malahidereferred to in the proceeding section. 3.THATthe Mayorand the Clerk are hereby authorized and directed to execute all documents necessary in that behalf and to affix thereto the corporate seal of the Township of Malahide. 4.THAT this By-law shall come into force and take effect upon the final passing thereof. th READaFIRSTandSECONDtime this9day of January, 2020. th READaTHIRDtime and FINALLY PASSEDthis9day of January, 2020. __________________________ Deputy Mayor, D. Giguère __________________________ Clerk, M. Casavecchia-Somers