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Regular Council Agenda - 2020/03/05 The Corporation of the Township of Malahide A G E N D A March 5, 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 - 16) (C) Presentations/Delegations/Petitions (D) Reports of Departments (i) Director of Fire & Emergency Services (ii) Director of Physical Services - Wilson Line Request for Speed Reduction. RES 2 (Pages 17 - 20) - Tender Results: 2020 Supply & Placement of Road Granulars. RES 3 (Pages 21 - 22) (iii) Director of Development & Community Services - Severance Application E6/20 Report. RES 4 (Pages 23 - 24) - Severance Application E6/20 Conditions. RES 5 (Pages 25 - 30) (iv) Director of Financial Services/Treasurer (iv) CAO/Clerk - Fire Training Officer Cost Sharing Agreement. RES 6 (Pages 31 - 44) (E) Reports of Committees/Outside Boards (F)CorrespondenceRES7 1. Association of Municipalities of Ontario - Watch File dated February 20 and 27, 2020. (Pages C3 - 7) 2. Municipality of South Huron, County of Peterborough and Township of Madoc Resolution supporting Township of Warwick regarding Safety on Family Farms. (Malahide supported a similar Resolution on August 1, 2019). (Pages 8 - 14) 3. Township of Puslinch Resolution supporting the Association of Municipalities of Ontario position on the Legislative Changes in Bill 132 with respect to Aggregate Resources Act and the Safe Drinking Water Act. (Pages 15 - 18) 4. County of Haliburton Resolution requesting Province to reconsider or phase in Tourism oriented destination signage fee increases. (Page 19) 5. Township of Madoc, County of Frontenac, and County of Northumberland Resolution supporting continuation of programs and services of Conservation Authorities in Ontario and requesting the Province to give clear direction on mandatory and non-mandatory programs and services. (Malahide supported a similar Resolution on September 19, 2019). (Pages 20 - 30) 6. Township of Madoc Supporting Resolution of Town of Tecumseh to lobby the telecommunications industry and smart phone manufacturers to develop a solution to 911 misdials. (Pages 31 - 33) 7. Ministry of Municipal Affairs and Housing Release of new Provincial Policy Statement 2020. (Pages 34 - 35) 8. Kettle Creek Conservation Authority 2019 Annual Report. (Pages 36) 9. Municipality of Central Elgin Notice of Passing of Zoning By-law Amendment regarding property at 403 Stanley Park Drive, Port Stanley. (Page 37) (G) Other Business (i) Ministry of Municipal Affairs and Housing Funding approval for Township of Malahide Service and Organizational Delivery Review. RES 8 (Page 45) (ii) Antonissen Trucking Inc. - Request to adjust half load restrictions on Sparta Line. RES 9 (Page 46) (iii) Kettle Creek Conservation Authority Notice of Confirmation of 2020 Levy. RES 10 (Pages 47 - 70) (iv) County of Elgin Correspondence regarding recruitment of members for the Terrace Lodge Redevelopment Fundraising Committee. RES 11 (Pages 71 - 74) (H) By-laws (i) By-law No. 20-12 Property Standards By-law. RES 12 (Pages 75 - 94) (ii) By-law No. 20-15 Inter-Municipal Agreement for Cost Sharing of a Fire Training Officer. RES 13 (Pages 95 - 96) (I) Closed Session RES 14 and 15 (i) A Proposed or Pending Acquisition or Disposition of land by the Municipality or local board relating to property on Ron McNeil Line. (iii) A Proposed or Pending Acquisition or Disposition of land by the Municipality or local board relating to property on Imperial Road. (iv) Labour Relations or Employee Negotiations Matter regarding Staff Performance Reviews. (J) Confirmatory By-law RES 16 (Page 97) (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 20, 2020 be adopted as printed and circulated. 2.THAT Report No. PS-20-Wilson Line Request for Speed Reduction AND THAT no action be taken at this time to reduce the current 80 km/hr speedlimit on Wilson Line between Putnam Road and Pigram Road; AND THAT the Municipal Staff be authorized and directed to install additional speed signs on Wilson Line between Putnam Road and Pigram Road. 3.THAT Report No. PS-20-Results: 2020 Supply and AND THAT the tender for the 2020 Supply and Placement of Road Granulars be awarded to McKenzie and Henderson Ltd., of Forest, Ontario, in the amount of $296,631.25 (plus HST); AND THAT the Mayor and Clerk be authorized to enter into an agreement with McKenzie and Henderson Ltd. for the purpose of completing the 2020 Supply and Placement of Road Granulars Program. 4.THAT Report No. DCS-20-09 enti received; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. 5.THAT the Malahide Township Council has no objection to the Land Severance No. E6/20 in the name of Norman and Beverly Stansell, relating to the property located at Part Lot 28 and 29, Concession 6, Geographic Township of Malahide, subject to the following conditions: (i)That all entrance permits are acquired from the appropriate road authority as per our entrancecontrol policy. (ii)Any required road widening is to be complete or the necessary agreements are in place withsufficient security posted to cover the costs of the works prior to the condition being deemedfulfilled. (iii)That the applicant be required to retain the services of a professional designer and have anengineered Lot grading development plan and ditch grading plan prepared in accordance withgood engineering practices, that are suitable to the Township prior to the condition being deemedfulfilled. (iv)That the applicants initiate and assume all planning costs associated with the required OfficialPlan Amendment, Zoning Amendment, Minor Variance or other land use planning process as required in accordance with the Ontario Planning Act, RSO 1990, with such cost to be paid in fullto the Township and that the required process be successfully completed prior to the condition being deemed fulfilled. 6.THAT Report No. CAO-20- AND THAT the proposed Fire Training Officer Cost Sharing Agreement be approved; AND THAT the Mayor and the Clerk be authorized and directed to execute such Agreement on behalf of the Township. 7.THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated February 20 and 27, 2020. 2.Municipality of South Huron, County of Peterborough and Township of Madoc Resolution supporting Township of Warwick regarding Safety on Family Farms. (Malahide supported a similar Resolution on August 1, 2019). 3.Township of Puslinch Resolution supporting the Association of Municipalities of Ontario position on the Legislative Changes in Bill 132 with respect to Aggregate Resources Act and the Safe Drinking Water Act. 4.County of Haliburton Resolution requesting Province to reconsider or phase in Tourism oriented destination signage fee increases. 5.Township of Madoc, County of Frontenac, and County of Northumberland Resolution supporting continuation of programs and services of Conservation Authorities in Ontario and requesting the Province to give clear direction on mandatory and non-mandatory programs and services. (Malahide supported a similar Resolution on September 19, 2019). 6.Township of Madoc Supporting Resolution of Town of Tecumseh to lobby the telecommunications industry and smart phone manufacturers to develop a solution to 911 misdials. 7.Ministry of Municipal Affairs and Housing Release of new Provincial Policy Statement 2020. 8.Kettle Creek Conservation Authority 2019 Annual Report. 9.Municipality of Central Elgin Notice of Passing of Zoning By-law Amendment regarding property at 403 Stanley Park Drive, Port Stanley. 8.THAT the correspondence received from the Ministry of Municipal Affairs and Housing advising of the funding approval for Township of Malahide Service and Organizational Delivery Reviewbe received; it being noted that the Malahide Township Council previously awarded the contract to conduct suchService Delivery and Organizational ReviewtoPerformance Concepts Consulting,at a cost of $65,520 (excluding HST). 9.THAT the correspondence received from Antonissen Trucking Inc., dated February 27, 2020,requesting consideration of an adjustmentto the half load restrictions on Sparta Line be referred to Municipal Staff for a report back to the Council at a future meeting. 10.THAT the Kettle Creek Conservation Authority Notice of Confirmation relating to the 2020 Levy be received. 11.THAT the correspondence received from the County of Elgin, dated March 2, 2020,regarding recruitment of members for the Terrace Lodge Redevelopment Fundraising Committee be received. 12.THAT By-law No. 20-12,being a By-law prescribing standards for the maintenance and occupancy of property,be given first, second and third readings, and be properly signed and sealed. 13.THAT By-law No. 20-15,being a By-law to authorize the execution of an Inter-Municipal Agreement with the The Corporation of the County of Elgin, The Corporation of the Town of Aylmer, The Corporation of the Municipality of Bayham, The Corporation of the Municipality of Central Elgin, The Corporation of the Municipality of Dutton Dunwich, The Corporation of the Township of Southwold, and The Corporation of the Municipality of West Elgin,for sharing the costs of a Fire Training Officer, be given first, second and third readings, and be properly signed and sealed. 14.THAT Council move into Closed Session at ______p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discussthe following: (i)A Proposed or Pending Acquisition or Disposition of land by the Municipality or local board relating to property on Ron McNeil Line; (ii)A Proposed or PendingAcquisition or Disposition of land by the Municipality or local board relating to property on Imperial Road; and (iii)ALabour Relations or Employee Negotiations Matter regarding Staff Performance Reviews. 15.THAT Council move out of Closed Session and reconvene at______ p.m. in order to continue with its deliberations. 16.THAT By-law No. 20-14, beinga 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 19,2020, at 7:30 p.m. 20-60 ________________________________________________________________ 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, and Councillor C. Glinski. Staff:Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Financial Services A. Mohile, Director of Physical Services M. Sweetland, Director of Fire and Emergency Services B. Smith, and Deputy Clerk D. Wilson. Absent with regret:Councillor S. Lewis. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTEREST andthe General Nature thereof: Councillor Widner disclosed a pecuniary interest with respect to Council Agenda ItemD (ii) regarding Thiessen Drainage Petition.The nature of the conflict being that a Junior Partner at Spriet Associates is an immediate relative of his. MINUTES: No. 20-60 Moved by:Max Moore Seconded by:Rick Cerna THAT the minutes of the regular meeting of the Councilheld on February 6, 2020 be adopted as printed and circulated. Carried. No. 20-61 Moved by:Dominique Giguere Seconded by:Mark Widner 20-61 THAT theminutes of the special meeting of the Council held on January 29, 2020, be adopted as printed and circulated. Carried. PRESENTATIONS/DELETGATIONS/PETITIONS: Public Meeting Minor Variance Application, as submitted by Henry and Anne Marie Penner, relating to property at 49520 Calton Line. No. 20-62 Moved by:Rick Cerna Seconded by:Dominique Giguere THAT the Committee of Adjustment for the Township of Malahide be called to order at 7:31 p.m. and that Mayor Dave Mennill be appointed Carried. Chair Mennill advised that the purpose of this Public Meeting is to consider an application for a Minor Variance as submitted by Henry and Anne Marie Penner. Chair Mennill requested the Director ofDevelopment and Community Servicesto provide an overview ofthe application. The Directoradvised that the purpose and effect of this variance is to grant relief from the Small 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 feet) (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 feet) to 8.5 metres (28 feet). Chair Mennill asked the Applicant and/or their agent to provide any additional Information and there was none. Chair Mennill asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that correspondence was received from the Catfish creek Conservation Authority indicating no objections. Chair Mennill asked if any person in attendance wished to make any comments regarding the application and there were none. 20-62 Chair Mennill inquired if any Committee Members had any questions regarding the application and there were none. Chair Mennill advised that the Committee will consider all comments received when making its final decision on the application. No. 20-63 Moved by:Rick Cerna Seconded by:Chester Glinski 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 locatedat 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. Carried. No. 20-64 Moved by:Max Moore Seconded by:Max Moore THAT the Committee of Adjustment for the Township of Malahide be adjourned and the Council meeting reconvene at7:35p.m. Carried. REPORTS: Director of Fire and Emergency Services -Emergency Services Activity Report January No. 20-65 Moved by:Max Moore Seconded by:Chester Glinski THAT Report No. F-20- Carried. 20-63 Director of Physical Services -Contract Award: 2020-2022 Roadside Grass Cutting No. 20-66 Moved by:Dominique Giguere Seconded by:Mark Widner THAT Report No. PS-20--2022 Roadside 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. Carried. Councillor Widner declared a conflict of interestwith respect to Council Agenda Item D (ii)relating to Spriet Associates, retired from the meeting and abstained from all discussions and voting on the matter. -Petition for Drainage Thiessen Petition No. 20-67 Moved by:Max Moore Seconded by:Rick Cerna THAT Report No. PS-20-10 entitled Thiessen AND THAT John M. Spriet, P. Eng. of Spriet Associates Ltd., be appointed Carried. Councillor Widner resumed his seat in the Council Chambers. -Petition for Drainage Banman Petition No. 20-68 Moved by:Max Moore Seconded by:Dominique Giguere 20-64 THAT Report No. PS-20-Banman AND THAT Andrew Gilvesy, P.Eng., of Cyril J. Demeyere Limited, be 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. Carried. -Concern re: Width of Guiderails on Yorke Line and Dorchester Road In response to aconcern received from Councillor Moore that theguide rails along Yorke Line and Dorchester Road were too narrow for farm equipment, the Director of Physical Services advised he would review the matter and report back to the Council. Director of Development and Community Services -Updated Property Standards By-law In response to various inquiries from the Council, the Director of Development and Community Services confirmed that the Township enforces by-laws strictly on acomplaint basis. He noted that with the new municipal responsibilities relating to landlord and tenant issues,the new by-law would be essential. No. 20-69 Moved by:Max Moore Seconded by:Dominique Giguere THAT Report No. DCS-20-07- be received; 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. Carried. Director of Financial Services -2019 Council Remuneration and Expense No. 20-70 Moved by:Rick Cerna 20-65 Seconded by:Chester Glinski THAT Report No. FIN-20- Carried. Chief Administrative Officer/Clerk -Early Termination of Lease Agreement for 49352 Dexter Line No. 20-71 Moved by:Mark Widner Seconded by:Rick Cerna THAT Report No. CAO-20-Early Termination of Lease be received; AND THAT the Municipal Staff be authorized and directed to formally notify Darcy John Taylor and Jodi Lynn Taylor that, pursuant to Clause 11 of the current Lease Agreement, the Township of Malahide wishes to terminate the current lease agreement for the lands adjacent to the bridge abutment property located at 49352 Dexter Line, Plan 55, Pt. Lot 40 Pt Lot 41 N/S Water W/S Bank RP 11R21 Part 1 within the Township of Malahide, consisting more or less of approximately 0.14 acres; AND THAT such termination of the current Lease Agreement would become effective 30 days after Mr. Darcy John Taylor and Ms. Jodi Lynn Taylor have been given formal notice; it being pointed out that the Township would at that point require possession of the said property for municipal purposes in order facilitate the staging grounds required by the Bridge by the County. Carried. -Use of Former MTO Lands for Port Bruce Bridge Construction No. 20-72 Moved by:Max Moore Seconded by:Dominique Giguere THAT the County of Elgin and its contractor, Hayman Construction Inc., be given authorization to utilize a portion of the municipal property (former MTO lands) as a staging ground in order to facilitate the installation of the Imperial Road Port Bruce Bridge, SUBJECT TO such lands being restored to existing conditions or better following the construction of the bridge and upon removal of any staging equipment. 20-66 Carried. COMMITTEES AND OUTSIDE BOARDS: No. 20-73 Moved by:Chester Glinski 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 January 8, 2020. Carried. CORRESPONDENCE: No. 20-74 Moved by: Dominique Giguère Seconded by: Rick Cerna THAT the 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 be supported. Carried. No. 20-75 Moved by: Dominique Giguère Seconded by: Rick Cerna THAT the County of Prince Edward resolution requesting the Federal Government to review regulations related to consumer packaging on single-usewipes to remove the word flushablebe supported. Carried. No. 20-76 Moved by:Dominique Giguère Seconded by:Rick Cerna THAT the following correspondence be noted and filed: 20-67 1.Association of Municipalities of Ontario -Watch File dated February 6 and 13, 2020. 2.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.). 3.Township of South Glengarry, Municipality of Chatham-Kent, Township of Wellington North, County of Prince Edward legislation, Bill 156 Security from Trespass and Protecting Food SafetyAct, 2019. 4.Kettle Creek Conservation Authority Newsletter. 5.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. 6.Municipality of Central Elgin Notice of Passing of Zoning By-law Amendment relating to the following properties: -494 Lower Spring Street, Port Stanley. -42575 Dexter Line. -6016 Fairview Road. 7.Municipality of Central Elgin Notice of Public Meeting for Zoning By-law Amendment relating to property located at 116 Coulter Avenue. Carried. OTHER BUSINESS: -Appointment to Court of Revision Ankor & Helder Drain No. 20-77 Moved by:Max Moore Seconded by:Chester Glinski THAT Councillor Mark Widner Court of Revision Member for the Ankor & Helder Municipal Drains 2020 (Municipality of Thames Centre). Carried. 20-68 BY-LAWS: -By-law No. 20-13Appoint By-law Enforcement Officers No. 20-78 Moved by:Mark Widner Seconded by:Chester Glinski 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. Carried. CONFIRMATORY: No. 20-79 Moved by:Max Moore Seconded by:Rick Cerna THAT By-law No. 20-11, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 20-80 Moved by:Mark Widner Seconded by:Chester Glinski THATtheCounciladjournits meetingat 8:21p.m.to meet again on March 5, 2020, at 7:30 p.m. Carried. ____________________________________ Mayor D. Mennill ____________________________________ Clerk M. Casavecchia-Somers Report toCouncil REPORT NO.:PS-20-13 DATE:February 27, 2020 ATTACHMENT:None SUBJECT:WilsonLine Request for Speed Reduction Recommendation: THAT Report No.PS-20-13WilsonLine Request for Speed Reduction be received; ANDTHAT no action be taken at this time to reduce the current 80 km/hr speed limit on Wilson Line between Putnam Road and Pigram Road; AND THAT the Municipal Staff be authorized and directed to install additional speed signs on Wilson Line between Putnam Road and Pigram Road. Background: As the Council is aware, Councilor Moore received a request from Wilson Line resident Marvin Corless for a speed limit reduction from 80km/hr to 60km/hr on Wilson Line between Putnam Road and PigramRoad due to safety concerns. At the request of the Council, the Municipal Staff haveprepared a report following areview of this specific request. Comments/Analysis Existing Conditions The section of WilsonLinein question runs east/west fromPutnamRoad to Pigram Road. The existing road surface istar and chip Roads Needs Study.Underthe Minimum Maintenance Standard classifications, Wilson Lineis a Class 4road,being an80km/hr road,havingan AADT ofbetween 200 and 499 cars. Reduced Speed Zone With respect to establishing the posted speed on a Township Roadway, the Township has historically adhered to the warrants in the Highway Traffic Act (HTA) for density and/or the physical geometric conditions (limitations) of the roadway.These warrants are discussed further in the following paragraphsherein. The Highway Traffic Act (HTA) As the Council is aware, Section 128 (2) of the HTAgives the Council, which has jurisdiction over the road, the authority to prescribe the rate of speed on that road. Both Elgin County and the Township follow the criteria laid out in the HTA. In order for our road system to have continuity, the Staff reviewed the speed zones for consistency and for compliance with the HTA. TheHTA establishes the warrants to identify urbanized areas which qualify for a speed reduction. Section 128 (1) of the at a rate of speed greater than 50 kilometersper hour on a highway within a built- The HTA very specifically definesbuilt-up areas as: (a)not less than 50 per cent of the frontage upon one side of the highway for a distance of not less than 200 metersis occupied by dwellings, buildings used for business purposes, schools or churches, (b)not less than 50 per cent of the frontage upon both sides of the highway for a distance of not less than 100 metersis occupied by dwellings, buildings used for business purposes, schools or churches, or (c)not more than 200 metersof the highway separates any territory described in clause (a) or (b) from any other territory described This portion ofWilsonLinedoesnotmeetthe criteria to be classified as a built-up area as defined under the HTA, subsection (a). Geometric Review A roadways geometrical features are also used to establish reduced speed zones. A roadway may have vertical or horizontal features that would require that the posted speed be reduced. The Physical Services Department has reviewed the roadgeometry and sightlines along thislength of WilsonLine. Using the M(MTO) Geometric Design Standards for Ontario Highwaysas a standard,the Staff hasundertaken a review of the roadway. Avisual survey of the existing horizontal and vertical alignments determined thatthe geometrical features were found to be sufficienton this portion of WilsonLinefor an80km/hrspeed limit.The Township utilizes the samedesign standards as the MTOto establish safe operating speed limits, which meansthat wherever possible, the design speed is generally 10-20km/hr greater than the posted speed.This visual assessment of the geometric review is confirmed in the Roads Safety Audit conducted in 2018, which found no critical vertical or horizontal deficiencies in this stretch of WilsonLine. Traffic Volume,Speed, and Accident Data The Staff conducted traffic counts on WilsonLinebetween February 20, 2020 and February 26, 2020.Theaverage daily traffic volume was 399cars. th Speed data was also collected over a 7dayperiod for thisreport, with the 85percentile th speed being 102km/hr.The 85 which 85% of all vehicles are observed to travel under free flowing conditions past a 91km/hr and the maximum speed was 139km/hr. The Staff reviewed the 2010-2020 accident reports for WilsonLine. One motor vehicle collision was identified within the road section. Sign Review Road signs provide information and guidance to motorists and thereby make the roadway safer. Regulatory signs (e.g. Speed Limit, Stop and Yield signs), Warning signs (e.g. Intersection and Curve), and Guidance signs (e.g. Route Markers, Directional/Information signs) each form part the road signing system. The Ontario Traffic Manual (OTM) provides the standards and guidelines for the installation of these signs. WilsonLine does not have posted speed limit signs alongmost ofits length. This is consistent with most of the rural roads in Ontario. Rural roads without posted signs are assumedto be 80 km/hr. This is an accepted practice within Ontario and is followed by most municipalities.Conversely, posted speed limit signs have been used in targeted locations in the County as a reminder to driversof the speed. Given the results of the traffic study, this area may warrant80km/hr speed signs. Consultation As apart of the review, the Staff contacted the OPP tosolicit their opinion regarding the current speed limit, the results of the most recent traffic study, and enforcement on this sectionof WilsonLine. th It was opinion that the 85percentilespeed,being 100km/hr,was too high and warrantedadditional enforcementand accordingly haveadded this portion of WilsonLine into their targetedenforcement area. The OPP agreed to set up a four week focused patrol for speed enforcement with special attention to Sundays. With respecttoreducing the speed limit, theOPP Staff notedthat lowering the speed limit to 60 km/hrwould likely not change the habits of the majority of drivers given the sufficient geometric conditions.A reduced speed zone in this area would likely require significant enforcement to obtain compliance. Additionally, a seemingly artificially lowerspeed limit are expected toresult in complaints about the speed limit being too low. The OPP also wish to point out thatthere is a potential for significant penalties for drivers out of compliance with a reduced speed limitarea. To paraphrase, there are instances when drivers in these types of geometrically adequate locationshave been unaware that they are traveling over the posted limit and are traveling at a rate of speed which would result in significant penalties. It is, of with the posted speed. Nevertheless, the OPP did wish to assure the Council that they would work to ensure driver compliance with theCouncildecision. Recommendations Following a detailed review, the Staffare recommending the following: The speed limit along this portion of WilsonLine remainat the current 80 km/hr; The installation of 80km/hr speed signage on Wilson Line, east of Putnam Road and west of Pigram Road. Summary: At the request of the Council,the Staff have completed an assessment to determine if this section of WilsonLine qualifies for a reduced speed limit. At this time,based on the existing geometric featuresand warrant criteria, the Staff does notrecommendreducing the posted speed on WilsonLine.The Staff havealso made additional recommendations listed aboveto address safety concerns. The decision on whether or not to implement reduced speed zones remains with the Council. However, the Staff would caution the Council in taking action where warrants do not support it. Financial Implications to Budget: Thecost to purchase and install the additional signageis able to be incorporated within the existing 2020Road Operations Budget. 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 iciency throughout Decision equitably borne by current and future ratepayers. Submitted by:Approved by:Approved for Council: Ryan DeSutter,Matt Sweetland, P Eng. Roads & Construction Director of Physical ManagerServices Report toCouncil REPORT NO.:PS-20-14 DATE: February 27, 2020 ATTACHMENT:None SUBJECT:Tender Results:2020Supply &Placement of Road Granulars Recommendation: THAT Report No. PS-20-14TenderResults: 2020Supply and Placement of Road Granulars AND THATthe tender for the 2020Supply and Placement of Road Granulars be awarded to McKenzie and HendersonLtd.,of Forest, Ontario,in the amount of $296,631.25(plus HST); ANDTHAT the Mayor and Clerk be authorized to enter into an agreement with McKenzie and HendersonLtd.for the purpose of completing the 2020Supply and Placement of Road Granulars Program. Background: The Physical Services Staff called tenders for the 2020Supply and Placement of Road Granulars Program. Tenders closed on February 27, 2020at 11:00 am. Two(2) contractorssubmitted bids. The lowbid was received fromMcKenzie and Henderson Ltd.in the amount of $296,631.25(plusHST).Athirdsupplier submitted regrets as they 20. McKenzie and Henderson Ltd. intends to obtain the material fromAarocAggregatesand Recycling in Putnam, Ontario. The tender is for approximately 19,250tonnesof Granular A,and 3,925 tonnes of Granular B to besuppliedand deliveredas follows: Conservation Line (Rogers Road to Imperial Road) Pressey Line (Carter Road to Pigram Road) Chalet Line (Hacienda Road to Springfield Road) Helder Road (YorkeLine to Avon Drive) Pigram Road (Wilson Line to Avon Drive) Yorke Line (Putnam Road to Pigram Road). Comments/Analysis: The Staff have confirmed the material specification requirements with the supplier and The low bid for Granular A represents a price per tonne decreaseof approximately 5.7%as compared tothe 2019unit prices. A review of similar tender results in neighboring municipalities found that the price per tonne that the Township received isconsistent and comparable. Financial Implications to Budget: Historical unit pricing for the Granular Supply and Place tender are as follows: 3/4A:(7yr Average Annual Price Increase = 8.67%) (3yr Average Annual Price Increase = 5.55%) 2014201520162017201820192020 $8.29$9.45$9.43$9.61$11.42$14.13$13.32 The low bid total conforms to the Staff estimates and theapproved 2020 Budget provides sufficient funding through various budget lines for gravel maintenance and capital construction gravel. As the tendered quantities are estimated, theStaff will monitor the work as it progresses to ensure thatbudget targets are maintained. 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 throughout DecisionMakingStrategic Pillar. Obtaining competitive quotations from local service providers helps to ensure financial efficiencies. Submitted by:Approved by:Approved for Council: Ryan DeSutter,Matt Sweetland, P Eng. Roads & Construction Director of Physical Manager Services Report toCouncil REPORT NO.:DCS-20-09 DATE: March 5, 2020 ATTACHMENT:Severance Application SUBJECT:Severance Application E6/20 ______________________________________________________________________ Recommendation: THAT Report No. DCS-20-09entitled SeveranceApplicationE6/20 AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Background: The purpose of this Report is to provide background information to the Council regarding Severance ApplicationE6/20.Should the Council support theapplication,this Report will be forwarded to the Land Division Committee together with the imposed conditions and Municipal Appraisal Sheet for their review and consideration. Comments/Analysis: The Applicants,Norman & Beverly Stansell,areproposing to create through consentan addition to a RuralIndustrial lot of2.9acres. The Applicant will retainan80.6acre Agricultural/Residentialparcel.This consent is proposed at S PT LOTS 28, 29, Concession,geographicTownship of Malahide; and is known municipally as 52412 Chalet Line. The Official Plan designation of the proposed parcel isAgriculturaland the proposed Zoning isGeneral Agricultural with a specific use (A1-11)for the severed parcel and General Agricultural(A1) forthe retained parcel. This area of the Township is serviced by private on-site waterand anon-site sanitary system. A number of conditions will be placed on this consent as set out in a proposed resolution. The Municipal Staff have reviewed the application and find that they will conform to the -law. The Staff recommends that the Council supportsthisapplication. Financial Implications to Budget: The full costof the consentprocess 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. One of the goals that supportgrowth in a responsinew developmentand directing growth to appropriate areas withinthe Townshipthrough its supportof this proposal,the Council is achieving this goal. Submitted by:Approved by:Approved For Council: Allison Adams,Eugenio DiMeo, Director Community of Development & Services ClerkCommunity Services Report to Council REPORT NO.:CAO-20-03 DATE: February 19, 2020 ATTACHMENT:Draft Agreement SUBJECT: FIRE TRAINING OFFICER COST SHARING AGREEMENT Recommendation: THAT Report No.CAO-20-03Fire Training Officer Cost Sharing Agreementbe received; AND THATthe proposed Fire Training Officer Cost Sharing Agreement be approved; AND THAT the Mayor and the Clerk be authorized and directed to execute such Agreement on behalf of the Township. Background: Inearly 2018, several Fire Chiefs in Elgin County expressed concern with the resources and supports required to be compliant with the then proposed certification requirements for firefighters across the county and the potential longer-term impacts on the ability of volunteer fire services to recruit certified firefighters. In October 2018, the provincial government took action to revoke the firefighter certification regulation which had recently taken effect. Despite the change in firefighter certification requirements, ongoing discussions took place between the County and local CAOs to strategize for a streamlined approach to the provision of Emergency Management and Fire Training across the County. In an effort to assist with the coordination and support required for both Emergency Management responsibilities and Fire Training requirements across the County, the County Staff explored, with County Councill support,the creation of a county-wide Fire Training Officer/Community Emergency Management Coordinator (CEMC). The County was looking to assist local municipal partners by centralizing the requirements associated with ongoing and new education and training requirements for local firefighters. Combining training responsibilities with that of the County CEMC will additionally foster greater collaboration and cooperation with local emergency services across the County thereby increasing collectivepreparedness in the event of an emergency. In September, 2019, the Township received correspondence from the County advising of the recruitment and hiring of Jeff Smith as the County Fire Training Officer/ Community Emergency Management Coordinator. Comments/Analysis: While the Malahide Fire Service does have its own Fire Training Officer (Ruben Wiebe), on occasion, it may be necessary to utilize the services of the County Fire Training Officer. In order to be able to do so, it will be necessary for the Township to enter into a Fire Training Officer Cost Sharing Agreement. The attached Cost Sharing Agreement has been prepared bythe County Solicitor for execution by all of the lower tier municipalities. It is important to note that the hiring of the County Fire Training Officer is being funded through the County levy. However, in the event that the County incurs external costs/ expenses associated with fire training, each benefiting municipality will reimburse the County for such costs (ie. external training costs) on a proportionate basis. The Municipal Staff have reviewed and are supportive of the proposed Cost Sharing Agreement. It is recommended that the Council proceed to authorize its execution. Financial Implications to Budget: N/A. 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 Continue to explore partnerships with regional public and private sector entities to effectively fill anygaps that may exist in the delivery of services County and other lower tier municipalities to enable the provision of joint fire training services supports this goal. Submitted by: Michelle Casavecchia-Somers, Chief Administrative Officer/Clerk 2020-2022 Application for Citizen Appointments to Boards and Committees COMMITTEE & POSITION APPLICANT INFORMATION Name: Address: Home Phone: Email Address: Are you a resident or business owner in Elgin County? Yes No Are you 18 years of age or older? Yes No QUESTIONNAIRE Why are you interested in becoming a member of Terrace Lodge Redevelopment Fundraising Committee? Briefly describe your current and past community or volunteer involvement. Briefly describe skills or experience relevant to Terrace Lodge Redevelopment Fundraising Committee. What strengths will you bring to theTerrace Lodge Redevelopment Fundraising Committee? Additional Information Please attach any additional information/comments to the application form. I hereby consent to the release of my address and telephone number(s). Yes No I hereby understand that information on this form and any supplementary information provided as part of this application is collected under the authority of the Municipal Act and is used to evaluate the qualifications of Citizen Appointees to Elgin County Committees or Boards and will become part of the public record. Direct inquiries to the CAO/Clerk at the address noted below. By submitting this form, applicants consent to discussion of their personal information at open meetings of Council. Applicant’s signature: ____________________________Date: __________________ Please return this application form to the attention of: Corporation of the County of Elgin c/o County CAO/Clerk 450 Sunset Drive, St. Thomas ON N5R 5V1 Phone: 519-631-1460Fax: 519-633-7661 e-mail: cao@elgin.ca Personal information on this form is collected under the authority of the Municipal Act, S.O. 2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the County of Elgin Boards and Committees 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. th READaFIRSTandSECOND timethis 5day of March, 2020. th READaTHIRDtimeand FINALLY PASSEDthis5day of March, 2020. ___________________________________ Michelle Casavecchia-Somers, CAO/Clerk ____________________________________ Dave Mennill, Mayor THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-15 Being a By-law toauthorizethe execution of an Inter-Municipal Agreement betweenThe Corporation of the County of Elgin, The Corporation of the Town of Aylmer, The Corporation of the Municipality of Bayham, The Corporation of the Municipality of Central Elgin, The Corporation of the Municipality of Dutton Dunwich, The Corporation of the Township of Malahide, The Corporation of the Township of Southwold, and the Corporation of the Municipality of West Elgin, for the joint sharing of a Fire Training Officer. WHEREASSection 5(3) of the Municipal Act, 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; ANDWHEREASthe Council of The Corporation of the Township of Malahide is desirous of entering into an Inter-Municipal Agreement with The Corporation of the County of Elgin, The Corporation of the Town of Aylmer, The Corporation of the Municipality of Bayham, The Corporation of the Municipality of Central Elgin, The Corporation of the Municipality of Dutton Dunwich, The Corporation of the Township of Southwold, and The Corporation of the Municipality of West Elgin, for the Joint Sharing of a Fire Training Officer; NOWTHEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the entering into an Inter-MunicipalAgreement withThe Corporation of the County of Elgin, The Corporation of the Town of Aylmer, The Corporation of the Municipality of Bayham, The Corporation of the Municipality of Central Elgin, The Corporation of the Municipality of Dutton Dunwich, The Corporation of the Township of Malahide, The Corporation of the Township of Southwold, and The Corporation of the Municipality of West Elgin,is hereby approved and authorized. 2.THAT the Mayorand the Clerkbe and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Inter- MunicipalAgreementin substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3.THAT the said Inter-Municipal Agreement for Joint Sharing of a Fire Training Officer shall take effect and come into force upon the signing thereof by all parties thereto. 4.THAT this By-law shall come into force and take effect on the final passing thereof. th READaFIRSTandSECONDtime this5day of March, 2020. th READaTHIRDtime and FINALLY PASSEDthis5day of March, 2020. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-14 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 March 5,2020,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 suchmeetingis, 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 this5day of March, 2020. th READaTHIRDtime and FINALLY PASSEDthis5day of March, 2020. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers