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Regular Council Agenda - 2020/02/20 The Corporation of the Township of Malahide A G E N D A February 20, 2020 7:30 p.m. Springfield & Area Community Services Building 51221 Ron McNeil Line, Springfield. **Reminder Open House for public to provide input for new Township Website Redesign scheduled for February 20, 2020 at 6:00 p.m., in the Council Chambers. (A) Disclosure of Pecuniary Interest (B) Approval of Previous Minutes RES 1 and 2 (Pages 7 - 17) (C) Presentations/Delegations/Petitions (i) Public Meeting Minor Variance Application of Henry and Anne Marie Penner relating to property at Part Lot 12, Concession 4, Geographic Township of Malahide, municipally known as 49520 Calton Line. RES 3 - 5 (Pages 18 - 25) (D) Reports of Departments: (i) Director of Fire & Emergency Services - Emergency Services Activity Report January. RES 6 (Pages 26 - 30) (ii) Director of Physical Services - Contract Award: 2020-2022 Roadside Grass Cutting. RES 7 (Pages 31 - 34) - Petition for Drainage Thiessen Petition. RES 8 (Pages 35 - 39) - Petition for Drainage Banman Petition. RES 9 (Pages 40 - 44) (iii) Director of Development & Community Services - Updated Property Standards By-law. RES 10 (Pages 45 - 66) (iv) Director of Financial Services/Treasurer - 2019 Council Remuneration and Expense. RES 11 (Pages 67 - 69) (v) CAO/Clerk (E) Reports of Committees/Outside Boards. RES 12 (i) Long Point Region Conservation Authority Board of Directors Approved Minutes of January 8, 2020. (Pages 70 - 76) (F) Correspondence RES 13 1. Association of Municipalities of Ontario - Watch File dated February 6 and 13, 2020. (Pages C3 - 8) 2. Village of Merrickville-Wolford Resolution requesting the Ministry of Natural Resources and Forestry to provide supporting evidence with respect to the expansion of wetlands designations. (Pages C9 - 11) 3. County of Prince Edward and Municipality of Chatham-Kent Resolution supporting the continuation of programs and services of Conservation Authorities. (Malahide supported a similar Resolution on May 23 and June 6, 2019, and January 23, 2020.). (Pages C12-14) 4. Township of South Glengarry, Municipality of Chatham-Kent, Township of Wellington North, County of Prince Edward, and Municipality of South West Middlesex Resolution supporting the Province of Security from Trespass and Protecting Food Safety Act, 2019. (Pages C15 - 21) 5. County of Prince Edward Resolution requesting the Federal Government to review regulations related to consumer packaging on single-use wipes to remove the word flushable. (Page C22 - 23) 6. Kettle Creek Conservation Authority Newsletter. (Pages C24 - 27) 7. County of Elgin Land Division Committee Deferral of Severance Application E94/19 (Solagrace Enterprises Inc.) relating to property located at Part Lot 88, Concession STR., Malahide. (Page C28) 8. Municipality of Central Elgin Notice of Passing of Zoning By-law Amendment relating to the following properties: - 494 Lower Spring Street, Port Stanley. (Page C29) - 42575 Dexter Line. (Page C30) -6016 Fairview Road. (Page C31) 9. Municipality of Central Elgin Notice of Public Meeting for Zoning By- law Amendment relating to property located at 116 Coulter Avenue. (Page C32) (G) Other Business (i) Municipality of Thames Centre Appointment to Court of Revision for Ankor & Helder Municipal Drains 2020. RES 14 (Page 77) (H) By-laws (i) By-law No. 20-13 Appointment of By-law Enforcement Officers. RES 15 (Pages 78 - 80) (I) Closed Session (J) Confirmatory By-law RES 16 (Page 81) (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 February 6, 2020 be adopted as printed and circulated. 2.THAT the minutes of the special meeting of the Council held on January 29, 2020, be adopted as printed and circulated. 3.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 4.THAT Report No. DCS-20-49520 AND THAT, notwithstanding that Section 5.2.1 of Zoning By-law No. 18-22 states that the minimum front yard depth be a minimum of 15 metres (49.2 feet) in the Small Lot Agricultural (A4) Zone, the Minor Variance Application of Henry & Anne Marie Penner, relating to the property located at 49520 Calton Line, to allow relief of the minimum front yard provision to allow for the construction of a residential addition to an existing single family residence,be granted. 5.THAT the Committee of Adjustment for the Township of Malahide be adjourned and the Council meeting reconvene at7:_____p.m. 6.THAT Report No. F-20- 7.THAT Report No. PS-20--2022 Roadside Grass Cutt AND THAT the contract for the 2020-2022 Roadside Grass Cutting be awarded to D & D Commercial Property Maintenance Ltd, of Ingersoll, Ontario, in the amount of $41,576.00 per year (excluding applicable taxes); AND THAT the Mayor and Clerk be authorized to enter into a 2 year contract for the 2020 and 2021 grass cutting seasons; it being noted that the tender allows the Council an option to negotiate with the contractor for a one year extension if it so chooses. 8.THAT Report No. PS-20-Thiessen AND THAT John M. Spriet, P. Eng. of Spriet Associates Ltd., be appointed 9.THAT Report No. PS-20-11Banman AND THAT Andrew Gilvesy, P.Eng., of Cyril J. Demeyere Limited, be being noted that the Petitioner is requesting this petition to be incorporated into the Engineers report currently being prepared for the construction of a new branch of the Cook Drain. 10.THAT Report No. DCS-20-- AND THAT the attached draft Property Standards By-law be approved and the Municipal Clerk be directed to finalize the by-law and submit such to the Council for consideration at the next regular meeting. 11.THAT Report No. FIN-20- received. 12.THAT the following Reports of Committees/Outside Boards be noted and filed: (i)Long Point Region Conservation Authority Board of Directors Minutes of January 8, 2020. 13.THAT the following correspondence be noted and filed: 1.Associationof Municipalities of Ontario -Watch File dated February 6 and 13, 2020. 2.Village of Merrickville-Wolford Resolution requesting the Ministry of Natural Resources and Forestry to provide supporting evidence with respect to the expansion of wetlands designations. 3.County of Prince Edward and Municipality of Chatham-Kent Resolution supporting the continuation of programs and services of Conservation Authorities. (Malahide supported a similar Resolution on May 23 and June 6, 2019, and January 23, 2020.). 4.Township of South Glengarry, Municipality of Chatham-Kent, Township of Wellington North, County of Prince Edward Resolution supporting Security from Trespass and Protecting Food Safety Act, 2019. 5.County of Prince Edward Resolution requesting the Federal Government to review regulations related to consumer packaging on single-use wipes to remove the word flushable. 6.Kettle Creek Conservation Authority Newsletter. 7.County of Elgin Land Division Committee Deferral of Severance Application E94/19 (Solagrace Enterprises Inc.) relating to property located at Part Lot88, Concession STR., Malahide. 8.Municipality of Central Elgin Notice of Passing of Zoning By-law Amendment relating to thefollowing properties: -494 Lower Spring Street, Port Stanley. -42575 Dexter Line. -6016 Fairview Road. 9.Municipality of Central Elgin Notice of Public Meeting for Zoning By- law Amendment relating to property located at 116 Coulter Avenue. 14.THAT _____________________________ be appointed as the Township Drains 2020 (Municipality of Thames Centre). 15.THAT By-law No. 20-13,being a By-law to appoint By-law Enforcement Officers,be given first, second and third readings, and be properly signed and sealed. 16.THAT By-law No. 20-11, 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 March 5, 2020, at 7:30 p.m. ________________________________________________________________ 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, Councillor M. Widner, Councillor M. Moore, Councillor R. Cerna,Councillor S. Lewis,and Councillor C. Glinski. Staff:Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Financial Services A. Mohile, Director of Physical Services M. Sweetland,Roads and Construction Manager R. DeSutter, Deputy Treasurer T. Hoover,and Deputy Clerk D. Wilson. Absent with regret:Deputy Mayor D. Giguère CALL TO ORDER: Mayor Mennilltook the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTEREST andthe General Nature thereof: Nodisclosures of pecuniary interest were declared. MINUTES: No. 20-42 Moved by:Rick Cerna Seconded by:Max Moore THAT the minutes of the regular meeting of the Councilheld on January 23, 2020 be adopted as printed and circulated. Carried. REPORTS: Director of Physical Services -Roads Department 2019 Year-End Report No. 20-43 Moved by:Mark Widner Seconded by:Scott Lewis THAT Report No. PS-20--End Carried. -Brooks Drain Cleanout No. 20-44 Moved by:Chester Glinski Seconded by:Mark Widner THAT Report No. PS-20- AND THAT the tender for the Brooks Drain Cleanout be awarded to B. Provoost Excavating Ltd., in the amount of $27,771.50 (exclusive of HST). Carried. -Hidden Driveway Sign Wilson Line Councillor Widner noted that the recent Road Tour held on January 29, 2020, included a stop onWilson Line to discuss the possibility of installingahidden drivewaysign at the east approach to the driveway at 48184 Wilson Line. Notwithstanding the recommendation of the Staff, Councillor Widner indicated that he believed that such a sign was warranted. TheDirector of Physical Services advised that in accordance with the Township of Malahide Road Safety Audit and the Ministry of Transportation of Ontario Geometric Design Standards for Ontario Highways, the existing sight distance provided is adequate for the posted speed of the roadway and a hidden driveway sign is not required. Councillor Widner requested the Council consider installing a hidden driveway sign at 48184 Wilson Line. No. 20-45 Moved by: Mark Widner Seconded by: Rick Cerna THAT, notwithstanding the recommendation of the Director of Physical Services, theMunicipal Staff be directed to installaHidden Drivewaysign at the east approach to the driveway at 48184 Wilson Line. Carried. Director of Financial Services -2019 Capital Projects Status Update No. 20-46 Moved by:Max Moore Seconded by:Chester Glinski THAT Report No. FIN-20- be received; AND THAT the Director of Finance/Treasurer be authorized and directed to reserve $3,413,938 from the unspent 2019 Capital Budget allocation or reserves to enable the completion of outstanding projects in 2020; AND THAT the Director of Finance / Treasurerbe authorized and directed to adjust the transfers from and to reserves to match actual expenditures for projects completed or approved in 2019. Carried. -2019 Property Tax Year End Activity Report No. 20-47 Moved by:Rick Cerna Seconded by:Scott Lewis THAT Report No. FIN-20-04en . Carried. Chief Administrative Officer/Clerk -Complaint Protocol Annual Report No. 20-48 Moved by:Max Moore Seconded by:Scott Lewis THAT Report No. CAO-20- be received. Carried. CORRESPONDENCE: No. 20-49 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 January 23 and 30, 2020. 2.Township of Perth South Resolution supporting South Frontenac and Warwick regarding Safety on Family Farms. (Malahide supported a similar Resolution on August 1, 2019.). 3.Town of Collingwood Resolution supporting Conservation Authority regulations under Bill 108 being completed in consultation with municipalities, Nottawasaga Valley Conservation Authorities and Conservation Ontario. (Malahide supported similar Resolutions on May 23 and June 6, 2019, and January 23, 2020.) 4.Municipality of Strathroy-Caradoc Resolution supporting the important role Conservation Authorities provide to local communities. (Malahide supported a similar Resolution on January 23, 2020). 5.Town of Orangeville Resolution supporting continuation of programs and services of Conservation Authorities in Ontario be wound down and requesting the Province to give clear direction on mandatory and non-mandatory programs and services. (Malahide supported a similar Resolution on September19, 2019). 6.City of Sarnia Resolution supporting the halting of the construction of the Deep Geological Repository in the Bruce Peninsula to determine less dangerous solutions for the storage of nuclear waste. 7.Township of Madoc Resolution supporting the Town of Springwater Resolution regarding Joint and Several Liability Consultation. (Malahide supported a similar Resolution on October 17, 2019). 8.Minister of Transportation Correspondence regarding release of plan to build a better transportation system in Southwestern Ontario. 9.Stewardship Ontario Information regarding the approval of the Municipal Hazardous or Special Waste Program Wind-Up Plan. 10.County of Elgin Correspondence advising the Elgin County Council resolved to support the Elgin Hospice Group through non-financial measures but declined to offer financial support. 11.County of Elgin Correspondence regarding receipt of provincial funding through the Municipal Modernization Program to undertake a Municipal Service Delivery Review. 12.Municipality of Bayham Notice of Passing of Zoning By-law and 5-Year Review. Carried. OTHER BUSINESS: -Joint Committee for Shared Services No. 20-50 Moved by:Mark Widner Seconded by:Scott Lewis THAT the resolution received from the Aylmer Town Council, as passed January 20, 2020, advising of the postponement of the Joint Committee for Shared Services pending receipt of additional information from Municipal Modernization Program Expression of Interest, be received. Carried. -Request for Donation from Kinsmen Club of Aylmer No. 20-51 Moved by:Max Moore Seconded by:Rick Cerna THAT the request received from Kin Canada Kinsmen Club of Aylmer for th the placementof an adin the 75Anniversary Souvenir Bulletin,at a cost of $500.00,be supported. Carried. -Regulations for Growing Cannabis In response to an inquiry from Councillor Cerna, the Mayor confirmed that the cultivation of cannabis is considered the same as cultivating any other crop and as such there are no additional setbacks from neighbouring properties.The Mayor confirmed thatthisis in accordance with federal regulations. The CAO noted that if cannabis is grown in a greenhouse, thenthe greenhouse wouldbe oningBy-law. BY-LAWS: -By-law No. 19-65Third Reading of Caroline Davis Drain No. 20-52 Moved by:Chester Glinski Seconded by:Scott Lewis THAT By-law No. 19-95,being a By-law to provide for Drainage works on the Caroline Davis Drain ,be read a third time, finally passed, and be properly signed and sealed. Carried. -By-law No. 20-08Official Plan Amendment -2660711 Ontario Inc. No. 20-53 Moved by:Rick Cerna Seconded by:Scott Lewis THAT By-law No. 20-08, being Official Plan Amendment No. 18 to the Official Plan of the Township of Malahide insofar as it relates to the property owned by 2660711Ontario Inc. (Jake Penner), located at Lot 14, Concession 7, Township of Malahide, municipally known as 49610 Talbot Line, be given first, second,and third readings, and properly signed and sealed. Carried. -By-law No. 20-102020 Permit Fees No. 20-54 Moved by:Max Moore Seconded by:Mark Widner THAT By-law No. 20-10,being a By-law to set the 2020 fees for permits relating to construction, demolition and change of use, be given first, second,and third readings, and be properly signed and sealed. Carried. CLOSED SESSION: No. 20-55 Moved by:Mark Widner Seconded by:Chester Glinski THAT Council move into Closed Session at 8:13 p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discussthe following: (i)Personal Matter about an identifiable individual, including municipal or local board employees,relating to the Council RemunerationReviewCommittee. Carried. No. 20-56 Moved by:Rick Cerna Seconded by:Mark Widner THAT Council move out of Closed Session and reconvene at 8:22p.m. in order to continue with its deliberations. Carried. No. 20-57 Moved by:Max Moore Seconded by:Rick Cerna THAT the Council does hereby appoint the following individuals to sit on the Council Remuneration Review Committee: Kevin Morrell Maureen Jenkins Richard Robilliard Susan Morrell Martin Baelde Carried. CONFIRMATORY: No. 20-58 Moved by:Scott Lewis Seconded by:Rick Cerna THAT By-law No. 20-09, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 20-59 Moved by:Chester Glinski Seconded by:Mark Widner THATtheCounciladjournits meetingat 8:23p.m.to meet again on February 20, 2020, at 7:30 p.m. Carried. _____________________________ Mayor D. Mennill ____________________________ Clerk M. Casavecchia-Somers The Corporation of the Township of Malahide Special Council Meeting Road/FacilityTour January 29, 20208:00 a.m. The Malahide Township Council gatheredat the Malahide South Roads Works Building at8:00a.m.and then proceeded on a Road/FacilityTourwith the following present: Council:Mayor D. Mennill, Deputy Mayor D. GiguereCouncillor C. Glinski, Councillor R. Cerna, Councillor S. Lewis,andCouncillor M.Widner. Staff:Director of Physical Services/Acting Deputy Clerk M. Sweetland,and Roads and Construction Manager R. DeSutter. Absent with Regret:CouncillorM. Moore. CALL TO ORDER: Mayor Mennill called the meeting to order at 8:00 a.m. DISCLOSURE OF PECUNIARY INTEREST and the General Nature thereof: No disclosures of pecuniary interests were declared. TOUR OF MUNICIPAL ROADS AND FACILITIES: The Council toured the following municipal roads and facilities: South Roads Works Building -Review oftrucks and equipment. -Structural repair of salt storage building. Port Bruce Pier -Site review. Port Bruce Colin St / Levi St Drainage Complaint -Water flooding over road. -Staff reported that the repair will be investigated in Spring/Summer 2020 and include appropriate backflow prevention to allow property tooutlet when creek levels allow. Half Moon Road -Surface treatment planned for 2020. Jones Road Winter Maintenance Complaint -Discussed concerns regarding the required winter maintenance activities. -Met with resident,K. Jones,to discuss the required winter maintenance activities on Jones Road in order to meet Provincial Minimum Maintenance Standards to ensure the safety of travelling public. Discussion took place regarding the possibility of hard surfacing Jones Road, and the other associated works required. Granger Road -Reviewed Granger Road, which has similar characteristics as Jones Road buthas been hard surface treated. -Deputy Mayor Giguere requested Staff to review costs associated with Granger Road hard surfacing to compare with the possibility ofhard surfacing Jones Road. Vienna Line (Imperial Road to Springfield Road) -Surface treatment planned for 2020. Calton Line (Imperial Road to Springfield Road) -Surface treatment planned for 2020. John Wise Line (Springfield Road to Richmond Road) -Surface treatment planned for 2020. -Edge repairs. Rogers Road (John Wise Line to Talbot Line) -Surface Treatment planned for 2020. Catt Line -Gravel resurfacing planned for 2020. Conservation Line -Discussed remaining works from 2019 (drain outlets). -Discussed anticipated works for 2020 (urban cross section at east limit). Mapleton Line (Belmont Road to Imperial Road) -Surface treatment. -Spot base repairs. Wilson Line -Discussedpossible installation of a hidden driveway sign at the east approach to 48184 Wilson Line. Director of Physical Servicesadvised that in accordance with the Township of Malahide Road Safety Audit and MTO Geometric Design Standards for Ontario Highways, sight distance provided is adequate for the posted speed of the roadway and ahidden driveway sign is not required. -Varying speed zoneson Wilson Line were discussed. Mayor Mennill retired from the tour at 10:45 a.m. Faulds Subdivision -Discussed plow concerns relating to the ability of the current Village Plow to adequately remove snow from the cul-de-sac. North Shop -Facility tour. Deputy Mayor Giguère retired from the tour at 11:30 a.m. 51280 Broadway Street Springfield Snow Removal. -Reviewed grass disturbance within road allowance. 51421 Pressey Line Pothole Complaint -Cold-mix shoulder repairs have been undertaken. Pressey Line -West Culvert Replacement planned for 2020. -West Bridge Replacement planned for 2020. Walker Road (Chalet Line to Glencolin Line) -Surface treatment planned for 2020. Chalet Line (Hacienda Road to Springfield Road) -Gravel resurfacing planned for 2020. VanPatter Line -Gravel resurfacing planned for 2020. ADJOURNMENT: No. 20-41 Moved by: Chester Glinski Seconded by: Mark Widner THAT theCouncil adjourn its meetingat 12:30p.m. tomeet again on February 6, 2020at 7:30 p.m. Carried. ___________________________________ MayorD. Mennill ___________________________________ Acting Deputy Clerk M. Sweetland Report toCouncil REPORT NO.:DCS-20-06 DATE: February 20, 2020 ATTACHMENT:Application of Henry & Annemarie Penner,49520 Calton Line SUBJECT:Minor Variance Review 49520 Calton Line ______________________________________________________________________ Recommendation: THAT Report No.DCS-20-06ceReview 49520 Calton Line be received; AND THAT, notwithstanding that Section 5.2.1 ofZoning By-law No. 18-22states that the minimum front yard depthbe a minimumof 15 metres (49.2 feet) in the Small Lot Agricultural (A4) Zone, the Minor Variance Application of Henry & Anne Marie Penner,relating to the property located at49520 Calton Line, to allow relief ofthe minimum front yard provisionto allow for the constructionofa residential addition to an existing single family residence,be granted. Background: The purpose of this Report is to provide background information to the Council regarding a Minor Variance application by Henry and AnneMarie Penner relating to the property located at49520 Calton Line.The Applicant is proposing to construct a residential addition to an existing single family residence that includes a new covered porch extendingalong the frontofthe existing dwelling facing Calton Line. The Applicant is also seeking relief from the minimum front yard depth of 15 metres,as required in the Township of Malahide Zoning By-law No. 18-22, to 8.5 metres. The subject property has a lot area of 1.0acres, with a lot frontage of60.1metresalong Calton Line.The property is zoned A4 (Small Lot Agricultural) and has an Official Plan designation ofAgricultural. The property currently has a single family residenceon it. The property is surrounded by residential propertiesand 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 decreased lot frontage would not be considered detrimental to the use of the property in this case. As such, this request would be considered minimal and minor in nature 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 aresidential addition to an existing single family residence. The Staff would suggest that the variance would not change or increase the impacton the neighboring residential uses and could therefore be 3.Does the variance maintain the general intent and purpose of the Zoning By-law? The intent of the Zoning By-law with respect to frontage requirements are the requested variance is believed to be both minor and desirable; and therefore, -law. 4.Does the variance maintain the general intent and purpose of the Official Plan? The intent of the Official Plan with respect to frontage requirementsareto requested varianceis believed to be both minor and desirable; and therefore, in The Municipal Staff have reviewed this minor variance application and are of the opinion in the 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 implications on the Operating 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 NOTICE that the Township of Malahide has received a complete application for a proposed Minor Variance. APPLICANT: Henry & Anne Marie Penner, owners of Part Lot 12,Concession 4, Township of Malahide. The lands affected by the minor variance are known municipally as 49520 Calton Line, being situated on the north side of Calton Line east of Imperial Road. AND TAKE NOTICE that the Council of the Corporation of the Township of Malahide will hold a public meeting onThursday, February 20, 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 minor variance to Zoning By-Law No. 18-22 under Section 45 of the Planning Act. THE PURPOSE AND EFFECT of this variance is to grant relief from theSmall Lot Agricultural (A4) Zone and applicable regulations in the Township of Malahide Zoning By-Law No. 18-22, requiring a minimum front yard depth of 15 metres (49.2 ft) (Section 5.2.1).The variance will permit the construction of a new covered porch extending along the front of the existing dwelling facing Calton Line. With the new porch addition, the front yard depth would be reduced from 10.4 metres (34 ft) to 8.5 metres (28 ft). The subject lands comprise an area of approximately 4,209 square metres (1.0 ac), afrontage of 60.1 metres (197 ft) and a depth of 83.2 metres (273 ft). The parcel is occupied by an older single detached dwelling and a shop. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF ANY PERSON OR PUBLIC BODY does 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 of Malahide 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 WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Township Office. th DATED at the Township of Malahide this 29 day of January, 2020. M. Casavecchia-Somers, CAO/Clerk Township of Malahide, 87 John Street, South, Aylmer, Ontario. N5H 2C3 519-773-5344 Report toCouncil REPORT NO.:F20-03 DATE: February 5, 2020 ATTACHMENT:None SUBJECT:Emergency Services Activity Report -January Recommendation: THAT Report No. F20-03Emergency Services Activity Report January be received. Background: Department Incidents In January 2020, Malahide Fire Services responded to twenty-two (22) incidents as compared to fifteen (15) incidents in 2019, thirty-eight (38) incidentsin 2018,forty (40) incidents in 2017, fourteen (14) incidents in 2016,and fifteen (15) incidents in 2015. Medical incidents accounted for approximately seventy-seven (77%) of all January incidents in 2020. The average age of persons requiring medicalresponse in January 2020 was 57with a 59/41 male/female ratio. Of the twenty-two (22) incidents in January 2020, South Stationresponded to thirteen (5)incidents, Station #3 to six (6) incidents, and Station #4 to three (3) incidents. Department Responses Department protocols provide for response by additional Stations depending on the type of incident reported (e.g. MVC, structure fire, water rescue). Individual Station responses resulted in South Stationresponding to fourteen(14) incidents, Station #3 to eight(8)incidents, and Station #4 responding to five(5) incidents. Fire Events Loss/Save There were no structure fires in January, therefore no dollar loss or save to be reported. Fire Prevention The Januaryfire safety message of the month was Give space heaters SPACE Fire Prevention Staff had oneactivityforFire Prevention instructionand Public Educationin January.This was the OPC cadet training detailed below. Fire Safety Inspections In January 2020,the Staff conducted noinspections.Noinspection orders for non- compliance wereissued. Ontario Police College To date in 2020,the Staff hastrained489Police Cadets. The current agreement with the Ontario Police College is that they will reimburse MalahideFire Service $2,000.00 per session as well as cover the cost of any equipment that is damaged during any presentation. OPC has been billed $2,000.00 for 1 sessions so far in 2020. The next training session at OPC isscheduled to be held in May, 2020. To date in 2020, theStaff have not filled anybottles for the OPC. Motor Vehicle Collision Revenues Malahide Fire Services responded to three (3)motor vehicle collisions(MVC) in January.To date in 2020,we have invoiced$6,160.44for services provided to the MTO andto non-residents of Malahide Township(December, 2019incidents). Burn Permits To date in 2020,the Staff have issued ninety-four(94) burn permits. General Automatic Aid Agreement(s) The Automatic Aid Agreement with Central Elgin was not activated inJanuary,2020. Mutual Aid Malahide Fire Services was notrequested for Mutual Aid assistance inJanuarynor did Malahide Fire ServicesrequestMutual AidinJanuary. Emergency Management Program Emergency Response No emergency activities in January. Public Education/Awareness Included as apart of Fire Prevention activities. Training TBD. Emergency Management Program Committee Next meeting TBDin 2020. 2020Program Compliance Activities EMPC Meeting TBD ERP Review TBD Annual Exercise TBD Malahide Flood Plan Review TBD Annual CCG Training TBD. 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. . By undertaking a long-range strategy, in consultation with the appropriate emergency services authorities, to identify resources required to optimize the provision of emergency services. Submitted by:Approved by: H. BrentSmith Report toCouncil REPORT NO.:PS-20-09 DATE: February 12, 2020 ATTACHMENT:Tender Summary SUBJECT:Contract Award: 2020-2022Roadside Grass Cutting Recommendation: THAT Report No. PS-20-09Contract Award: 2020-2022Roadside Grass Cutting; AND THAT the contract for the 2020-2022Roadside Grass Cutting be awarded to D & D Commercial Property Maintenance Ltd, of Ingersoll, Ontario, in the amount of $41,576.00 per year (excluding applicable taxes); AND THAT the Mayor and Clerk be authorizedto enter into a 2 year contract for the 2020and 2021grass cutting seasons; it being noted that the tender allows the Council an option to negotiate with the contractor for a one year extension if it so chooses. Background: The Township of Malahide regularly contracts Roadside Grass Cutting services from capable service providers to maintain roadside grass along all Township and County roadways. In June 2016, the Council amended the Township roadside grass cutting service level to include a double pass (3.6m) twice annually. The current County roadside grass cutting service level includes a double pass (3.6m) for the first cut, and a single pass (1.8m) for the second cut. TheCounty road maintenance agreement,also calls for 1/3 of the county roads to be mowed from fence-line to fence-line on the first cut each year, and again every 3 years. The previous roadside grass cutting contract expired at the end of 2019and a new tender for service was issued on January 17, 2020. Comments/Analysis: On January 31, 2020, the Township received tenders in order to secure a service provider to undertake roadside grass cutting. The tender call was for a two year term with an option to extend the contract for a third year. The tender requires the service provider to provideall labour, equipment, and materials required to cut grass along the roadsideas prescribed: Elgin County Roads: The cutting of vegetation shall be completed 2 times annually, in the spring and in the fall. The width of cutting shall be a minimum of 3.6m from the edge of shoulder in the Spring, and a minimum width of 1.8m in the fall. The first cutting shall consist of a minimum of 3.6m (11.8 foot) swath starting at the shoulder and following the ditch slopes on both sides of the travelled portion of road. Vegetation shall be cut close around guide rail posts and a minimum width of 1.8m behind guide rail. Vegetation shall be cut across all road property at intersections to achieve a clear sight distance of at least 200m in all directions from intersections. One third of all county roads shall be mowed fence-line to fence-line during the first cut each year, and routinely every three years to maintain overgrowth. The second cutting shall consist of a minimum of 1.8 metre(6 foot) swath starting at the shoulder and following the ditch slopes on both sides of the travelled portion of road. The vegetation shall be cut close around guide rail posts and guide rail. Vegetation shall be cut across all road property at intersections to achieve a clear sight distance of at least 200m in all directions from intersections. Township of Malahide Roads: The cutting of vegetation shall be completed 2 times annually, in the spring and in the fall. The width of cutting shall be a minimum of 3.6m from the edge of shoulder in the spring and a minimum width of 3.6m in the fall. The first cutting shall consist of a minimum of 3.6m (11.8 foot) swath starting at the shoulder and following the ditch slopes on both sides of the travelled portion of road. Vegetation shall be cut close around guide rail posts and guide rail. Vegetation shall be cut across all road property at intersections to achieve a clear sight distance of at least 200m in all directions from intersections. The second cutting shall consist of a minimum of 3.6 metre (6 foot) swath starting at the shoulder and following the ditch slopes on both sides of the travelled portion of road. The gravegetation shall be cut close around guide rail posts. Vegetation shall be cut across all road property at intersections to achieve a clear sight distance of at least 200m in all directions from intersections. A provisional item was included in the Form of Tender for the provision of labour and equipment by the hour for additional work (site triangles, parks, etc.) as directed by the Director of Physical Services or his designate. If the contractor is asked to undertake hourly work, the Township will attempt to coordinate the scheduling of the provisional work consistent with the timing of the contractorother obligations with the Township. Three bids werereceived with D & D Commercial Property Maintenance Ltd, of Ingersoll, Ontario being the low bid in the amount of $41,576.00 annually plus applicable taxes. Financial Implications to Budget: Theroadside grass cuttingtender representsthe most significant portion of the roadside grass and brushingbudget. While the lowbid submission prices received representsa 34% increase annually over the 2019price, 19% of the increase is attributed to a change in the County mowing requirements and will be funded through the County Road Maintenance Agreement. The remaining pri To provide a comparison, the previous contract prices are as follows: Year20102011 20122013 20142015 20162017 2019 2020 2022 ContractContractContractContractContractContract Cost:$11,609$11,924$15,343$22,939*$31,041$41,576** *Township service level increase. ** County service level increase. A detailed breakdown of the bidsubmissionis below: Per Kilometer RateProvisional ItemPer Kilometer Rate stndstnd Township 1CutTownship 2CutTownship (Hourly)County 1Cut County 2Cut (3.6m wide)(3.6km wide)Approx. 20hrs at(3.6km wide)(1.8km wide) $52.00$52.00$90.00$52.00$52.00 The Staff have checked with the submitted referencesincluding the Municipality of Central Elgin and the Township of Norwich, who have both provided positive feedback related to previous dealings with the low bid contractor. At this time, the Staff recommendthatthe 2020-2022Roadside Grass Cutting contract be awarded to D & D Commercial Property Maintenance Ltd., of Ingersoll, Ontario, in the amount of $41,576.00 per year (excluding applicable taxes). Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government.One of the goals that support the relatesEmbody Financial Efficiency throughout DecisionSecuring service providers using a competitive procurement practice and using a purchasing co-operative typifies this goal. Submitted by:Approved by:Approved for Council: Ryan DeSutterMatt Sweetland,P Eng. Roads & Construction Director of Physical ManagerServices Report toCouncil REPORT NO.:PS-20-10 DATE: February 12, 2020 ATTACHMENT:Petition and Sketch SUBJECT:Petition for Drainage ThiessenPetition Recommendation: THAT Report No.PS-20-10entitledPetition for Drainage Thiessen Petition received; AND THAT John M. Spriet, P. Eng. of SprietAssociatesLtd.,be appointed to Comments/Analysis: The Township of Malahide has received a request (petition and sketch attached) for drainage. The petition is to construct a new branch drain. The drain is requiredas a condition of severanceto provide a newly created building lotwith a legal and adequate outlet. The landownerhaspetitioned the Township to have a new drain constructed tothe new lot located at 7381 Hacienda Road.The estimated length of the drainage project is 50 meters.Asketchis attached showing the location of the property. Once a landowner submits a petition, the Township is required under the Drainage Act, R.S.O.1990, to appoint a Drainage Engineer to prepare a Drainage Report for the Council to address the request. The Staff are recommending thatSpriet AssociatesLtd.be appointed by the Council to prepare the report. The estimated construction date is Fall of2020. Financial Implications to Budget: N/A. Summary: The Township has received a petition for drainage. The Staff are recommending that Spriet Associates Ltd.be appointed by the Council to prepare the necessary Drainage Report. The estimated construction date is Fallof 2020. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four 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,Matt Sweetland, P.Eng. Engineering Technologist/Director of Physical Drainage SuperintendentServices Report toCouncil REPORT NO.:PS-20-11 DATE: February 13, 2020 ATTACHMENT:Petition and Sketch SUBJECT:Petition for Drainage BanmanPetition Recommendation: THAT Report No.PS-20-11entitledPetition for Drainage Banman Petition received; AND THAT Andrew Gilvesy, P.Eng.,of Cyril J. Demeyere Limited, be appointed to the Banman petition, it being noted that the Petitioner is requesting this petition to be incorporated into the Engineers report currently being prepared for the construction of a new branch of the Cook Drain. Comments/Analysis: The Township of Malahide has received a request for drainage(petition attached).This petition is a result of the landownerwithin the watershed of aproposed drainrequesting adirect connection to the proposed outlet. As the Council will recall, the Aylmer Evangelical Mennonite Mission Churchhad petitioned to have a new drain constructed on the south side of Talbot Line, west of Springfield Road, as a requirement under Site Plan Control for a new addition. Accordingly, Cyril J. Demeyere Limitedwas appointed to prepa for construction of a new branch of the Cook Drain. During the project scope meetingfor the Cook Drain,the landowners were provideda review of the Drainage Act and the petition,and were given an opportunity to comment on the new branch drain. Since then, one additional landownerexpressed interest in obtaining a new branch/connection to the drain. To that end, Frank Banman,ownerof 50595 Talbot Line,hassigned and submitted a petition. Financial Implications to Budget: N/A. Summary: The Staff are recommending that Andrew Gilvesy, P.Eng., of CJDL, be appointed by the Council to prepare a report to address the BanmanPetition, it being noted that Mr. Banmanis looking to have a new extension/connection on the municipal drain currently behind considered. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. of maintaining municipal infrastructure is equitably borne by current and future Submitted by:Approved by:Approved for Council: Bob Lopez,Matt Sweetland, P.Eng. Engineering Technologist/Director of Physical Drainage SuperintendentServices Report toCouncil REPORT NO.:DCS-20-07 DATE: February 20, 2020 ATTACHMENT:Draft Property Standards By-law SUBJECT:UpdatedProperty Standards By-law ______________________________________________________________________ Recommendation: THAT Report No.DCS-20-07Updated Property Standards By-law received; AND THAT the attached draft Property Standards By-lawbe approved and the Municipal Clerk be directed to finalize the by-lawand submit such to the Council for consideration at the next regular meeting. Background: The purpose of this report is to present the Councilwithanupdated Property Standards By-law for its consideration and adoption. The current Property Standard By-law was adopted in 2004 and has not been updated since that time. This new version is essentially a housekeeping by-law that will bring it in conformity with current regulations and legislation. Comments/Analysis: As stated, the Township passed its current Property Standards By-law No. 04-19in 2004. Since that time,there have been a number ofchanges and updates to the other supporting legislation that gives this by-law its authority. For instance, the Ontario Building Code, the Ontario Planning Act,and the Residential Tenancies Act are some examples of legislation that have been amended requiring an updated Property Standards By-law. The proposed by-law conformswith the current supporting regulations as mentioned. It ensures that the Township has a strong legal position when pursuing issues within the jurisdiction of property standards. Financial Implications to Budget: The proposed By-law will have no impact on the 2020 Budget as previously adopted by the Council. 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. Embody Financial Efficiency By supporting this by-law andupdating policy documents regularly,the Council is achieving this goal. Approved by:Approved For Council: Eugenio DiMeo, Director of Development & Community Services THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-12 Being a By-law for prescribing standards for the maintenance and occupancy of Property within the Township of Malahide WHEREASsubsection 15.1(3) of the Building Code Act, 1992,S.O. 1992, c. 23, as amended, provides that the Council of the Township may pass a by-law prescribing standards for the maintenance and occupancy of Property within the Township of Malahide, for prohibiting the occupancy or use of such Property that does not conform to the standards, for requiring Property that does not conform to the standards to be repaired and maintained to conform to the standards or for the site to be cleared of all buildings, structures, debris or refuse and left in graded and levelled condition; AND WHEREASsubsection 15.6(1) of the Building Code Act, 1992,S.O. 1992, c. 23, as amended, requires that a by-law passed under section 15.1 of the said Building Code Actshall provide for the establishment of a Property Standards Committee; AND WHEREASthe Official Plan of the Township of Malahide includes provisions relating to Property conditions in the Township; AND WHEREASthe Council of the Corporation of the Township of Malahide has determined that it is desirable for the greater betterment of the Township to prescribe standards for the maintenance and occupancy of Property within the Township; AND WHEREASthe Council of the Corporation of the Township of Malahide has prescribed these standards with studied moderation in keeping with the character of the Township of Malahide; NOW THEREFOREthe Councilof the Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.SHORT TITLE 1.1This By-l-l Interpretation 1.2In interpreting this By-law: (a) The captions and headings are inserted for convenience or reference only and do not define, limit or enlarge the scope, meaning or intent of any provisions. (b)Words used in the present tense include the future tense, words in the masculine gender include the feminine and neuter, and the singular number includes the plural and the plural the singular. (c)The word Definition 1.3In this By-law, unless the context otherwise requires: any successor thereof. ed by the Council of The Corporation of the Township of Malahide to the position of Clerk of the Township of Malahide. -law. ncludes Property or a thing that is: (i)ruined or dilapidated; or(ii)missing an integral part (such as a motor or transmission of an automobile) and unable to operate under its own power.Dbuilding or part thereofoperated as a housekeeping unit, used or intended to be used as adomicileby one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities. Thomas Health Unit. Property. of administering and enforcing this By-law. means any of the following: a) the registered owner of land; b) the person for the time being managing or receiving the rent of the land or own account or as agent or trustee ofany other person, or who would receive the rent if the land and premises were let;or, c) the lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for maintenance and occupancy of property. temporary parking of vehicles and may include ingress and egress driveways, aisles, and parking spaces. ructure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences, and erections thereon whether theretofore or hereafter erected, and includesvacant property. means any discarded,disused or inoperative item, material or thing andincludes garbage of any kind and, without limiting the generalityof the foregoing, includes rubbish, inoperative vehicles and mechanicalequipment, automotive and mechanical parts, appliances, furnaces, heater orfuel tanks, furniture, household goods, table waste, paper, cartons, crockery, glassware, cans,yard or garden refuse, earth or rock fill, material from construction or demolition projectsand old clothing; , or the geographic Township of Malahide, as context requires. motorized all-terrain vehicle, but does not include cars or engines running on railway tracks, farm tractor, or self-propelled farm machinery or road building equipment. such building or structure, and which is open, uncovered, and unoccupied from the ground to the sky except as permitted otherwise by this By-law. line and the nearest main wall or supporting member of any mainbuilding or structure on thelot. line and the nearest main wall or supporting member of any main building or structure on the lot. Yard immediately butting a street. 2.GENERAL Application 2.1The standards for maintenance and occupancy set out in this By-law are hereby prescribed and adopted as the minimum standards for all Property within the geographical boundaries of the Township of Malahide. Non-conforming Use Prohibited 2.2The occupancy or use of any Property within the Township of Malahide that does not conform to the standards prescribed in this By-law is prohibited. Correction and Clearance of Non-Conforming Buildings and Structures 2.3Any Property that does not conform to the standards set forth in this By-law shall have the offending condition corrected and be maintained to conform to the standards prescribed in this By-law or the site shall be cleared of all buildings, structures, debris or refuse and left in graded and levelled condition. Removal of Signs, Notices Or Placards Prohibited 2.4 No person other than an Officer or any person acti instructionsshallremovefrom any premises of any sign, notice or placard placed thereon pursuant to the provisions of the Building Code Act, as amended, or this By-law. Application of Other By-laws 2.5Nothing in this By-law shallrelieve any person from any obligation to comply with the requirements of any other By-law or with the requirements to obtain any license, permit, certificate, authority, approval, consent or variance otherwise required. Zoning 2.6 When a Property is properly zoned and lawfully used for that purpose nothing in this By-law shall prohibit such use. Validity 2.7Should any section, clause or provision of this By-law be held by a Court of competent jurisdiction to be invalid, the validity of the remainder ofthe By-law shall not be affected. Conflicting By-Laws 2.8Where any provision of this By-law conflicts with any provision of any other By-law of the Township, the provision that establishes the higher standard of protection for the health, safety and welfare of the public shall apply. Conflict with the Building Code Act 2.9This By-law shall be subject to the provisions of the Building Code Act,as amended and where any provision of this By-law conflicts with or is inconsistent with the provisions of the Building Code Act,the provisions of the Building Code Act, shall apply and shall be deemed to be incorporated into this By-law. Repairs and Maintenance 2.10Every Owner ofa Property shall: (a)repair, maintain and keep the Property in accordance with the standards set out herein; Property to comply with this By-law; and, (c) comply Property pursuant to this By-law. 2.11In the event that a Property does not meet any of the standards set out herein, the Owner oftheProperty shallimmediately take any and allrequired action to bring the Property into compliance with this By-law. 2.12 Every Occupant of a Property shall, in that part of the Property that the Occupant occupies or controls: a) maintainallplumbing, cooking,andrefrigerating appliances and fixtures and all storage facilities and other equipment therein, if any,in a clean and sanitary condition; b) keep all exits from any building or structure on the Propertyclean and unobstructed; and c) maintain thePropertyin a clean and sanitary condition. 2.13 All work, repairs and maintenance of Property shall be carried out with suitable materials and in a good and workmanlike mannerand shall conform to all other by-laws of the Township, codes,statutes and regulations as may be applicable. 3.OCCUPANCY AND MAINTENANCE STANDARDS YardsGeneral 3.1 Every yardshall be maintainedand kept clean and free from: (a)refuse, (b)dilapidated, collapsed, unsafe or insecure objects and structures, and, (c)objects orconditions that may create a health, safety or fire hazard. 3.2 (a)Subject to paragraph (c) of this section, no Yard shall be used as a place to store,keep, pile or accumulateany of the following: (i)Derelict things, (ii)Partsof derelictvehicles, trailersor snowmobiles, (iii)Machinery, (iv)Tractors, (v)Tires, (vi)Clothing, (vii)Household goods, including mattresses, beds, dressers, sofas, chairs, tables, televisions, radios, stoves, refrigerators, dishwashers, washing machines,dryers, appliancesor other furnishing not meant for outside use, or any part of any of them, or furnace, hot water heater, inoperable air conditioner, or any part thereof, or (viii)Used building materials, rags, junk, refuse, scrap iron or other metals. (b)If a Property is properly zoned and lawfully used for a purpose that requires it to have in its Yard refuse or derelict things,then the Yard shall be shielded or fenced to create an opaque visual barrier to limit any view from the exterior of the Property. (c)Despitesubsection (b),a garage or yard sale of personal things may be conducted out of a residential premise on not more than three occasions in each calendar year. Outdoor Storage 3.3Where outdoor storage is permitted in the zoning by-law, such storage shall be maintained in a safe condition, located, parked or stacked in a neat and orderly fashion or in bins, containers, structures or enclosures appropriate to the nature, composition, andother characteristic properties or distinctive attributes of the substanceor materialstored. Except in the case of trailers, vehicles, or boats, such outdoor storage shall be fencedto create an opaque visual barrier to limit any view from the exterior of the Property by fencing at least 1.50 metres in height and no more than 2.4metres in height. Vegetation 3.4Other than the Yard of a Property in an agricultural zone,every Yard shall be kept free from overgrown vegetationand any noxious weed that is designated as a noxious weed under the Weed Control Act,R.S.O. 1990, c.W5, and the regulations thereto. Vegetation shall be cut and maintained to a height consistent with groomed properties in the vicinity to avoid unsightliness or nuisance.Every property shall be kept free from dead, decayed or damaged trees, and branches and limbs thereof, which may create an unsafe condition. Animal Excrement 3.5Every Yard shall be free from any animal excrement, except for animal excrement being applied for a horticultural or an agricultural use. Compost Heaps 3.6(a)The Occupant of a residential Property may maintain a compost heap or bin, provided that the compost heap is no larger than 4 metres square and 1.2metres in height and is enclosed on all sides by concrete block, lumber, a metal frame, or a commercial enclosed container designed for composting. 3.6(b)Compost heaps or bins shall not be placed in the Front Yard or Exterior Side Yards. 3.6(c) Compost bins and enclosures shall be maintained in a good state of repair and shall not be overfilled. Refuse Storage 3.7External containers and receptacles, where permitted, shall be screened from the view of neighbouring properties and shall be provided with covers so that any material contained therein shall not be exposed to view or to rodents, vermin, insects or other pests. Such covers shall be provided at all times, except when the containers or receptacles are actually being filled or emptied. Vermin 3.8Every Property shall be kept free of rodents, vermin, termites and other injurious insects and other pests. Lighting 3.9Whereexteriorartificial lighting is used on a privately-owned Property, it shall be positioned and directed and shall be of an intensity so as not to cause any nuisance or impairment to any neighbouring property, having regard to the character and intended use of the properties in the vicinity. Water Management 3.10Every Yard shall be maintained to as to: (a)Facilitate the flow of water through natural drainage, drainage swales, ditches or water courses; (b)Prevent recurrent ponding or the entry of storm water into any basement; and, (c)Prevent any adverse impact to adjacent properties due to stormwater originally falling in the Yard entering an adjacent property, other than (a) through an existing natural or artificial drainage swale, ditch or watercourse, or (b) in accordance with a grading plan approved by the Township pursuant to subdivision, severance or site plan control, a building permit, a site alteration by-law, or any other approval process. 3.11No storm water or roof water shall be permitted to discharge onto a sidewalk, walkway, steps, porch or other pedestrian access to a property. Water Features 3.12Every swimming pool, hot tub, and wading pool,as well as accessories and appurtenances theretoincluding fences and gates,shall be maintained in good repair, in a cleanand safe condition, free from leaks and health and safety hazards. Excavations 3.13Every Property shall be kept free of all unnecessary or unusedexcavations, holes, unenclosed wells, pits, shafts, cisterns or reservoirs, and the same shall be filled to grade with clean fill. Fences and Retaining Walls 3.14All fences, retaining walls and other structures designed to form barriers shall be: (a)Maintained in a good state of repair, in a safe and structurally sound condition; (b)Protected from deterioration by the application of suitable protective materials, or constructed of a material that is inherently resistant to deterioration; and, (c)Keptplumb, unless specifically designed to have a different angle. Buildings and Structures--General 3.15Every building or structure and every part thereof shall be maintained in a structurally sound condition so as to be capable of sustaining its own weight and any additional load to which it may be subjected through normal use. Every building or structure and every part thereof shall be maintained in a clean and tidy condition and in a good state of repair. Any damage or deterioration to a building orstructure or to any part thereof shall be promptly repaired in a good and workmanlikemanner, having regard to the nature and extent of the damage, using suitable materials. 3.16The foundations, walls, columns,beams, floors, roof slabs and balconies ofa building shall be maintained in a good state of repair and in a safe and structurally sound condition, free from damaged, decayed or weakened sills, piers, posts or other supports in a manner so as to prevent the entry of moisture, rodents and insects into the building. Doorsand Windows 3.17All exterior openings for doors and windows to a building shall be fitted with doors or windows. 3.18Exterior doors, windows and skylights shall be maintained in good repair and weather tight condition. Rotted,damagedand defective materials including but not limited to doors, door frames, sashes and casings shall be renewed. Broken glass shall be replaced or protected. Stairs, Porches and Balconies 3.19Outside stairs, porches, balconies and landings shall bemaintained so as to be free of holes, cracks and other defects. Broken, loose, rotted or deteriorated materials shall be replaced. Railings 3.20Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature capable of sustaining any load to which it may be subjected through normal use. 3.21A handrail shall be installed in conjunction with every set of stairs containing more than three risers and such handrail shall be adequately secured and maintained in good repair. 3.22Secure guardrails shall be installed around the perimeter of the higher floor surface where there is a difference in elevation to adjacent surfaces of more than 0.6 metres. Exterior Walls 3.23The exterior walls of a building shall be maintained in good repair, free from cracked or broken masonry, defective or deteriorated wood or metal siding or trim, and cracked, broken or loose stucco, and in a weathertight condition. 3.24The exterior wallsof a building shall be protected from deterioration by the application of paint or other suitable protective materials, or constructed of a material that is inherently resistant to deterioration, and shall be maintained as necessary. 3.25Eavestroughs, rainwater pipes, flashing, exterior ducts, and other metal surfaces shall be kept free from rust by the application of a suitable protective material. Roofs 3.26All roofsof buildings and structures shall be maintained: (a) In a good state of repair; (b)In a weathertight condition, so as to prevent the admission of water into any part of the roof or building; (c) Free from loose or unsecured parts, objects or materials; and, (d) Free from dangerous accumulation of snow, ice, or other materials. Vacant andDamaged Buildings 3.27Every vacant building shall be maintained in a secure condition to prevent unauthorized entry. 3.28Every vacant building shall have all services to the building turned off except those services that are required for the security and maintenance of the Property. 3.29Every building damaged by fire, storm or other cause shall be demolished or restoredso that the building is structurally soundwithin a reasonable time after such damage occurs. 3.30Every opening in a fire-damaged building shall be boarded up to prevent unauthorized entry into the building until the necessary work is completed. Demolition 3.31Upon the demolition or removal of any building or structure, all excavations shall be filled to grade with clean fill and levelled with the surrounding grade and landscaped. Parking 3.32All areas used for vehiculartraffic and parking shall be surfaced with asphalt, concrete, crushed stone, paving stones arranged in a uniform pattern, or gravel surfacing, and shall bekeptfree from dirt or other litter and kept in good repair. Interior Structures and Surfaces 3.33The interior floors, ceilings and walls of a building shall be maintained: (a) In good repair, free frommoisture,holes, loose boards and damaged or decayed materials; (b) In a safe condition. 3.34All floors and floor coverings in buildings shall be kept in a smooth and level condition, free of loose, warped, protruding or broken coverings. Water and Plumbing 3.35Every dwelling shall be provided with an adequate supply of drinkable running waterfrom a source approved by the Medical Officer of Health. 3.36Every dwelling unit shall contain plumbing fixtures consisting of at least, (a) a toilet; (b) a kitchen sink; (c) a washbasin; and (d) a bathtub or shower. 3.37 A washbasin shall be located in every room containing a toilet unless this is not possible, in which case, a washbasin shall be located in a room adjoining the room containing the toilet. 3.38 No toiletor urinal shall be located in a room that is used for the preparation, cooking, storage or consumption of food, or for sleeping. 3.39 Bathtubs andshowers shall be caulked so as to form a continual seal impervious to waterpenetration. 3.40 Every sink,washbasin, bathtub or shower required by this by-law shall have an adequate supply of hot and cold running water. 3.41 Every toilet required by this by-law shall have an adequate supply of running water. 3.42(a)Allwaste water pipes shall either be connected to the municipal sanitary sewer system, or to a septic system. (b) No person shall cause, permit, continue or allow the discharge of wastewater or sanitary sewage in any manner other than as required under section 3.42(a). 3.43All septic systems shall be maintained in good working order. Kitchens 3.44Every dwelling unit shall include a kitchen which shall contain, in addition to a kitchen sink, an electrical or gas power supply for cooking and refrigeration purposes as approved by the appropriate authority. Ventilation Systems 3.45Ventilation systems shall be cleaned regularly to prevent the accumulation of materials which could create a fire or explosion hazard, contaminate the air or create any other healthor safety hazard. Heating and Mechanical Systems 3.46Every dwelling shall be provided with a heating system capable of maintaining a roomtemperature of 20 degrees Celsius (68 degrees Fahrenheit) in the centre of all 3.47 habitablerooms, bathrooms and powder rooms. 3.47The heating system required by section 3.46shall be maintained in good working condition and be capable of heating the dwelling to the required temperature. 3.48 Portableheaters shall not be used as a primary source of heat, except inan emergency. 3.49 Aportableheater shall not be placed so as to impede the free movement of persons withinthe room where the heater is located. 3.50 In the case of a heating system that burns solid or liquid fuel, every fuel-burning appliance shall be properly vented to the outside air by means of a chimney or flue as required to ensure safe operation of the appliance. 3.51 Every fireplace, chimney, smoke pipe, flue, vent and similar construction shall be maintained so as to be free from defects and shall prevent gases and smoke from leaking into the dwelling unit. 3.52 Air conditioners shall be maintained in a safe mechanical and electrical condition. Electrical Systems 3.53Buildings with electrical service shall be connected to the electricity supply system in a manner that provides adequate capacity for the intended use of the building and electrical facilities within the building, including the connections, lines, outlets, fuses, circuit breakers, and any appurtenances thereto shall be maintained in good working order. 3.54The owner of every Property with electrical service shall ensure that the electrical system is inspected and approved for use by the appropriate authority. Lighting 3.55 Artificial lighting shall be available in all rooms, stairways, halls, corridors, garages and basements of a dwelling unit that are accessible to its occupants. 3.57 Whereinterior artificial lighting is used on a privately-owned Property, it shall be positioned and directed and shall be of an intensity so as not to cause any nuisance or impairment toanyneighbouring property, having regard to the character and intended use of the properties in the vicinity. ADMINISTRATION AND ENFORCEMENT Property Standards Committee 4.1A Property Standards Committee is hereby established which shall be composed of five (5) individuals appointed from time to time by Council. 4.2Each member of the Committee shall be appointed for a termof one year. 4.3When a vacancy occurs in the membership of the Committee, the Council shall forthwith fill the vacancy. 4.4The members of the Committee shall elect one of themselves as chair, and when the chair is absent through illness or otherwise, the Committee may appoint another member acting chair. 4.5 Any member of the Committee may administer oaths. 4.6The members of the Committee shall be paid such compensation as the Council may provide. 4.7Secretarial services for the Committee shall beprovided through the office of the Clerk. 4.8The Secretary of the Committee shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the Committee, and the Municipal Act,2001, as amended,applies with necessary modifications to such documents. 4.9A majority of the Committee constitutes a quorum. 4.10The Committee may adopt its own rules of procedure but before hearing an appeal the Committee shall give notice or direct that notice be given of such hearing to such persons as the Committee considers should receive such notice. Property Standards OfficerGeneral Duties 4.11Upon receipt of a written complaint, it shall be the duty of an Officer to administer and enforce the provisions of this By-law, and in the performance of such duty, he shall have all the powers and responsibilities set forth in the Building Code Act, as amended, and the Regulations thereto. Right of Entry 4.12Subject to section 4.11an Officer may, upon producing proper identification, enter upon any Property at anyreasonable time without a warrant for the purpose of inspecting the Property in relation to the complaint to determine, (a)whether the Property conforms with the standards prescribed by this By- law; or (b)whether an order made under section 4.13has been complied with. Orders 4.13 An Officer who finds that a Property does not conform with any of the standards prescribed in this By-law may make an order: (a)stating the municipal address or the legal description ofsuch Property, giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and leveled condition; (b)indicating the time for complying with the terms andconditions of the order and giving notice that, if therepair or clearance is not carried out within that time, and (c)indicating the final date for giving notice of appeal from the order, and how the order may be appealed. Service and Posting of Order 4.14 The order shall be served on the Owner of the Property and such other persons affected by it as the Officer determines, and a copy of the order may be posted on the Property. Removal Prohibited 4.15 Where any sign, notice, order or placard has been placed on any premises pursuant to this By-law, no person shall remove such sign, notice or placard from the premises without the authority of the Officer. Registration of Orders 4.16The order may be registered in the proper land registry office, and upon such registration, any person acquiring an interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served, and when the order has been fully complied with, the Clerk of the Township shall forthwith cause to be registeredin the proper land registry office a notice certifyingthat such order has been complied with, which shall operateas a discharge of the order. Appeal to Property Standards Committee 4.17 When the Owner upon whom an order has been served is not satisfied with the terms or conditions of the order, he may appeal to the Property Standards Committee by sending notice of appeal by registered mail or personal delivery to the Secretary of the Property Standards Committee within fourteen days after being served with the order. 4.18An order that is not appealed within the time referred to insection 4.17 isdeemed to be confirmed. 4.19 The Secretary of the Committee shall, upon receipt of the notice of appeal, fix an appointment for hearing thereof and give notice in writing of the appointment for hearing at least fourteen days prior to the date fixed therefore to the appellant and to the Officer who issued the order. The Committee may give further notice or direct that notice be given of the hearingof an appeal to such other persons as the Committee considers advisable. Powers of Committee on Appeal 4.20 If an appeal is taken, the Committee shall hear the appeal and shall have all the powers and functions of the Officer who made the order and may, (a)confirm, modify or rescind the order to demolish or repair;and, (b)extend the general intent and purpose of the By-law is maintained. 4.21 Thedecision of the Committee shall be made in writing and theSecretary of the Committee shall serve a copy of the Com and the Officer who issued the order. Appeal to Court 4.22 The Township, or any Owner or Occupant or person affected by a decision under of section4.21may appeal the decision to a judge of the Superior Court of Justice by notifying the Clerk of the Township in writing and by applying to the Superior Court of Justice for an appointment within 14 days after being served with the decision appealed from. 4.23 The Superior Court ofJustice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and the person upon whom the appointment is to be served. 4.24 On the appeal, the judge has the same powers and functions as the committee. Effect of Decision 4.25 An order that is deemed to be confirmed under section 4.18, or that is confirmed or modified by the Committee under section 4.20, orbya judge under section 4.24, shall be final and binding upon the owner whoshall carry out the repair or demolition within the time and in the manner specified in the order. Certificate of Compliance 4.26 Following a satisfactoryinspection of a Property, the Officer shall, ifrequested by the Owner, issue to the Owner a certif opinion, the Property is in compliance with the standards set out in this By-law. 4.27 Where the Owner has made arequest for a certificate of compliance,the fee of Sixty Dollars ($60.00) shall be paid prior to the issuance of the certificate of compliance. EMERGENCY POWERS Emergency Orders 5.1 Despite any other provision of this By-law, if,after aninspection of a Property,an Officer is satisfied that there is nonconformity with the standards prescribed in this By-law to such extent as to pose an immediate danger to the health or safety of any person, the Officer may make an order containing particulars of the nonconformity and requiring remedial repairs or other work to be carried out immediately to terminate the danger. Service of Emergency Order 5.2 The Order shall be served on the Owner of the Property and such other persons affected thereby as the Officer determines and acopy shall be posted on the Property. Emergency Powers 5.3 After making an order under section 5.2, the Officer may, either before or after the order is served, take any measuresnecessary to terminate the danger and, for this purpose, the Township may, through its employees and agents, at any time enter upon the Property in respect of which the order was made without a warrant. NoLiability 5.4 The Officer, the Township or anyone acting on behalf of the Township is not liable to compensate the Owner, Occupant or any other person by reason of anything done by or on behalf of the Township in the reasonable exercise of its powers section 5.3. Service 5.5Where the order was not served before measures were taken by the Officer to terminate the danger, the Officer shall forthwith after the measures have been taken serve or send copies of the order in accordance with section 5.2 as soon as practicable after the measures have been taken, and each copy of the order shall have attached to it a statement by the Officer describing the measures taken by the Township and providing details of the amount expended in taking the measures. Service of Statement 5.6 If the order was served before the measures were taken, the Officer shall serve a copy of the statement mentioned in section 5.5 in accordance with section 5.2as soon as practicable after the measures have been taken. Application to Court 5.7As soon as practicable after the requirements of sections 5.5 and 5.6have been complied with, the Officer shall apply to a judge of the Superior Court of Justice for an order confirming the order made under section 5.1and the judge shall hold a hearing for that purpose. Powers of Judge 5.8 The judge in disposing of an application under section 5.7shall: (a)confirm, modify, or rescind the order; and (b)determine whether the amount spent on measurestakento terminate the danger may be recovered in whole, in part, or not at all. Order Final 5.9The disposition under section 5.8is final. FAILURE TO COMPLY -ENFORCEMENT -PENALTIES EnforcementRemedialAction 6.1If an order made under this By-law that has been confirmed or deemed confirmed has not been not complied with,the Township may cause the Property to be repaired or demolished in accordance with the order. 6.2 For the purpose of repairing or demolishing a Property in accordance with section 6.1, employees or agents of the Township may enter the Property at any reasonable time without a warrant. 6.3 The compensate the Owner, Occupant, or any other person by reason of anything done by or on behalf of the Township in the reasonable exercise of its powers under section 6.1. 6.4 The Township may recover its costs of effecting any repair or demolition done pursuant to section 6.1 byaction or by adding the costs to the tax roll for the Property and collecting them in the same manner as municipal taxes. Any cost so added to the tax roll shallbear interest from the date the first demand for payment is made at the same rate as overdue taxes. EnforcementStatutory Injunction 6.5 In addition to any other remedy and to any penalty imposed under this By-law, a contravention of any of the requirements of this By-law may be restrained by application at the instance of a taxpayer or of the Township in accordance with the provisions of the Municipal Act, 2001. Enforcement--Offence 6.6 Every person who contravenes any provision of this By-law is guiltyof an offence andis liable, upon conviction, to a fine of not more than fiftythousand dollars ($50,000) for a first offence and to a fine of not more than ($100,000) for a subsequent offence. 6.7 Notwithstanding section 6.6,if the person convicted is a corporation, the corporation is liable to a fine of not more than five hundredthousand dollars ($500,000) for a first offence and to a fine of not more than one million, five hundred thousanddollars ($1,500,000) for a subsequent offence. REPEAL AND REPLACE 7.1By-law No. 04-19is hereby repealed. 7.2This By-law shall come into force immediately upon being finally passed. Report to Council REPORT NO.:FIN-20-05 DATE: February 3, 2020 ATTACHMENT:Statement of Council Remuneration SUBJECT: 2019 COUNCIL REMUNERATION AND EXPENSE Recommendation: THAT Report No. FIN 20- received. Background: Section 283 of the Municipal Act, 2001 states that: 283(1) A municipality may pay any part of the remuneration and expenses of the members of any local board of the municipality and of the officers and employees of the local board. 2001, c. 25, s. 283 (1). Limitation (2) Despite any Act, a municipality mayonly pay the expenses of the members of its council or of a local board of the municipality and of the officers and employees of the municipality or local board if the expenses are of those persons in their capacity as members, officers or employees and if, (a)the expenses are actually incurred; or (b)the expenses are, in lieu of the expenses actually incurred, a reasonable estimate, in the opinion of the council or local board, of the actual expenses that would be incurred. 2001, c. 25, s. 283 (2). Section 284 of the Municipal Act, 2001 states that 284(1) The treasurer of a municipality shall in each year on or before March 31 provide to the council of the municipality an itemized statement on remuneration and expenses paid in the previous year to, (a)each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council; (b)each member of council in respect of his or her services as an officer or employee of the municipality or other body described in clause (a); and (c)each person, other than a member of council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body. 2001, c. 25, s. 284 (1). Mandatory item (2) The statement shall identify the by-law under which the remuneration or expenses were authorized to be paid. 2001, c. 25, s. 284 (2). Comments/Analysis: By-law No. 19-49 outlines the remuneration established for all members of Council for regular Council and the Committee of the Whole meetings, annual mileage allowance for such meetings, per diem for participation in work related conferences and workshops along with mileage for such conferences and workshops. Mileage is paidat a rate of $0.45/km, being the rate established by the Council to compensate the municipal staff for the use of their personal vehicle for Township records for their income tax files, sufficient to justify that the mileage payment is a reimbursement for costs and not considered remuneration which is subject to income tax. A simple sheet showing the dates, distance travelled, and purpose or reason for such travel would beadequate. Attached is the statement of the 2019 remuneration and other payments to each member of Council. Financial Implications to Budget: None. The 2019 budget included Council remuneration at the adjusted amounts approved during the 2019 budget deliberations. 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 of the goals that public confidence. Submitted by:Approved by:Approved for Council: Sue Loewen Total $24,147.96$19,805.33$14,039.76$11,920.56$11,920.56$11,920.56$11,920.56 Payments $105,675.29 $0.00$0.00$0.00$0.00$0.00 Total $1,115.09$2,119.20$3,234.29 Outside Boards & Payments Committes $340.28$259.20$599.48 Boards & Expenses by outside reimbursed Committees $774.81 $1,860.00$2,634.81 Boards & Committees from outside Remuneration Total $24,147.96$18,690.24$11,920.56$11,920.56$11,920.56$11,920.56$11,920.56 Payments Township $102,441.00 $0.00$0.00 related Mileage Conference & Workshops $816.12$816.12 related Township conferences & workshops $849.96$849.96$570.00$570.00$570.00$570.00$570.00 $4,549.92 Allowance Annual Mileage TOWNSHIP OF MALAHIDE Annual $23,298.00$17,024.16$11,350.56$11,350.56$11,350.56$11,350.56$11,350.56$97,074.96 Meetings Salary for Regular & Committee Year Ended December 31, 2019 44453944434541 STATEMENT OF COUNCIL REMUNERATION Meetings Attended Total # of 2323231722212320 # of Attended Meetings Committee of the Whole 2221 222222222221 # of Regular Meetings Attended Title Mayor Deputy MayorCouncillorCouncillorCouncillorCouncillorCouncillor Regular Meetings of Malahide Council where minutes are available. 22 Name Total Meetings heldDavid MennillDominique GiguéreRick CernaChester GlinskiMax Moore Mark Widner Scott LewisTotalNotesTownship related conferences & workshops: AMO 2019Outside Boards & Committees: EECC, KCCA, CCCA.Authorizing By-Law: 19-49 Council RemunerationAuthorizing By-law: 13-02 EECC Board Terms of ReferenceThere were THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 20-13 Being a By-law to appoint By-law Enforcement Officers. WHEREASSection 15(1) of the Police Services Act, R.S.O. 1990, c. P.15, as amended, authorizes a municipal council to appoint personsto enforce the by-laws of the municipality; AND WHEREAS Section 227(c) of the Municipal Act, 2001, c. 25, asamended, stipulates that it is the role of the officers and employees of a municipality to carry out duties assigned by the municipality; AND WHEREAS the Council of The Corporation of the Township of Malahidedeems it expedient and necessary for the purposes of the Corporation or for carrying into effect the provisions of any Act of the Legislature or By-laws of the Council. NOW THEREFOREthe Council of The Corporation of the Township of MalahideHEREBY ENACTS AS FOLLOWS: 1.THAT thbe and they are hereby appointed as Provincial Offences Officers and By-law Enforcement Officers for The Corporation of the Township of Malahide under this or any other applicable regulation. 2.THAT the said Provincial Offences Officers and By-law Enforcement Officers shall hold office during the pleasure and subject to the By-laws of The Corporation of the Township of Malahide, and shall with respect to the enforcement of its by-laws, exercise all the authority, powers and rights, and shall performall the duties and obligations which by statutes or the Corporation's By-laws are or may be conferred or imposed upon them as Provincial Offences Officers and By-law Enforcement Officers. 3.hereby authorized to act as the Malahide Township Officials in Court if any Court attendances be required. 4.THAT all previous by-laws passed appointing Provincial Offences Officers and By-law Enforcement Officers for the Township of Malahide are hereby repealed in their entirety. th READ a FIRST and SECOND time this20day of February, 2020. th READ a THIRD time and FINALLY PASSED this 20day of February, 2020. ____________________________ Mayor -D. Mennill ____________________________ Clerk -M. Casavecchia-Somers TO BY-LAW NO.20-13 Persons Appointed as Provincial Offences Officers and By-law Enforcement Officers for The Corporation of the Township of Malahide: Scott Sutherland Eugenio DiMeo Ryan DeSutter THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-11 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 February 20,2020,and special meeting held on January 29, 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 ofthe 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 this20day of February, 2020. th READaTHIRDtime and FINALLY PASSEDthis20day of February, 2020. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers