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Regular Council Agenda - 2020/03/19 The Corporation of the Township of Malahide A G E N D A March 19, 2020 7:30 p.m. Malahide Community Place** 12105 Whitaker Road, Springfield **Note: In order to ensure Social Distancing, the Council Meeting will be held at Malahide Community Place. (A) Disclosure of Pecuniary Interest (B) Approval of Previous Minutes RES 1 (Pages 9 - 17) (C) Presentations/Delegations/Petitions (i) Public Meeting Zoning By-law Amendment Application of Andrew and Connie Thiessen relating to property at Part Lot 15, Concession 4, Geographic Township of Malahide, municipally known as 7391 Hacienda Road. RES 2 - 4 (Pages 18 - 25) (ii) Public Meeting Zoning By-law Amendment Application of Daryl and Katharina Good, relating to property at Part Lot 10, Concession 2, Geographic Township of Malahide, municipally known as 5457 Imperial Road (Copenhagen). RES 5 - 7 (Pages 26 - 36) (D) Reports of Departments (i) Director of Fire & Emergency Services - Emergency Services Activity Report February. RES 8 (Pages 37 - 41) (ii) Director of Physical Services - Request for Drain Improvement: Abrams Petition. RES 9 (Pages 42 - 46) -Malahide Water Distribution System: DWQMS Element 20: 2019 Drinking Water Quality Trends Report. RES 10 (Pages47 - 61) - Malahide Distribution System: 2019 Section 11 Annual Report and Schedule 22 Summary Report. RES 11 (Pages 62 - 74) (iii) Director of Development & Community Services (iv) Director of Financial Services/Treasurer (iv) CAO/Clerk (E) Reports of Committees/Outside Boards RES 12 (i) Long Point Region Conservation Authority Board of Directors Minutes of February 5, 2020. (Pages 75 - 81) (F) Correspondence RES 13 1. Association of Municipalities of Ontario - Watch File dated March 5 and 12, 2020. (Pages C3 - 9) 2. County of Peterborough Resolution requesting Federal Government to pass Bill C-211, an Act to amend the Criminal Code (Assaults against health care professionals and first responders). (Pages C10 - 11) 3. Township of Tyendinaga Resolution supporting a peaceful conclusion to the ongoing rail disruptions and encouragement to find a path to a peaceful solution regarding the Coastal GasLink Project. (Page C12) 4. Town of Kirkland Lake and Town of Grand Valley Resolution proposed new legislation, Bill 156 Security from Trespass and Protecting Food Safety Act, 2019. (Malahide supported a similar Resolution on August 1, 2019). (Pages C13 - 16) 5. Town of Ajax Resolution supporting the continuation of both mandatory and non-mandatory programs and services provided by Conservation Authorities. (Malahide Township supported a similar Resolution on September 19, 2019 and January 23, 2020). (Pages 17 - 18) 6. Municipality of West Nipissing Resolution requesting the Ministry of Natural Resources and Forestry to provide supporting evidence with respect to the expansion of wetlands designations. (Pages C19 - 22) 7. County of Norfolk Requesting Province to review process for Provincially Significant Wetlands mapping to allow for transparency and better land owner engagement. (Page C23) 8. Municipality of West Nipissing 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 C24 - 29) 9. County of Elgin Land Division Committee Notice of Decision for Severance Applications as follows: -Application E87/19 Nilholm Holsteins Ltd. relating to property at Part Lot 3, Concession 11 (Granted). (Pages C30 - 32) -Application E94/19 Solagrace Enterprises Inc. relating to property at Part Lot 88, Concession South Talbot Road (Granted). (Pages C33 - 35) 10. Municipality of Central Elgin Notice of Zoning By-law Amendment relating to property at 5013 Yarmouth Centre Road. (Page C36) (G) Other Business (i) East Elgin Community Complex Approval of 2020 Operating and Capital Budgets. RES 14 (Pages 82 - 85) (ii) Aylmer & East Elgin Agricultural Society Request for in- kind support for its annual Truck and Tractor Pull. RES 15 (Pages 86) (iii) Long Point Region Conservation Authority Audited Financial Statements and 2019 Annual Report. RES 16 (Pages 87 - 110) (iv) Springfield Family Fun Day Committee Request for Event Support. RES 17 (Page 111) (H) By-laws (i) By-law No. 20-18 Authorizing Ontario Transfer Payment Agreement with Ministry of Municipal Affairs and Housing for the Service and Organizational Delivery Review Project. RES 18 (Pages 112 - 135) (ii) By-law No. 20-20 Authorizing agreement with D & D Commercial Property Maintenance for roadside grass cutting for 2020-2022. RES 19 (Pages 136 - 138) (iii) By-law No. 20-21 Authorizing agreement with McKenzie and Henderson Ltd. for the supply and placement of road granulars. RES 20 (Pages 139 - 141) (iv) By-law No. 20-22 Delegating certain duties as required during a declared Pandemic Period. RES 21 (Page 142). (I) Closed Session RES 22 - 23 (i) Labour Relations or Employee Negotiations matter relating to Employee Benefits. (J) Confirmatory By-law RES 24 (Page 143) (K) Adjournment RES 25 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 March 5, 2020 be adopted as printed and circulated. 2.THAT the Public Meeting concerning the Zoning By-law Amendment Application of Andrew and Connie Thiessenrelating to the property located at Lot 15, Concession 4, be called to order at 7:3___ p.m. 3.THAT the Public Meeting relating to Zoning By-law Amendment Applicationof Andrew and Connie Thiessenrelating tothe property located at Lot 15, Concession 4, be adjourned and the Council meeting reconvene at 7:____ p.m. 4.THAT By-law No. 20-16,beinga By-law to amend Zoning By-law No. 18- 22 insofar as it relates to the property owned by Andrew and Connie Thiessen, located atLot 15, Concession 4, be given first, second and third readings, and properly signed and sealed. 5.THAT the Public Meeting concerning the Zoning By-law Amendment Application of Daryl and Katharina Goodrelating to the property located at Lot 10, Concession 2, be called to order at 7:3___ p.m. 6.THAT the Public Meeting relating to Zoning By-law Amendment Applicationof Daryl and Katharina Goodrelating tothe property located at Lot 10, Concession 2, be adjourned and the Council meeting reconvene at 7:___ p.m. 7.THAT By-law No. 20-17,beinga By-law to amend Zoning By-law No. 18- 22 insofar as it relates to the property owned by Daryl and Katharina Good, located atLot 10, Concession 2, be given first, second and third readings, and properly signed and sealed. 8.THAT Report No. F-20- ceived. 9.THAT Report No. PS-20- AND THAT Brad Bunke, P. Eng., of GM Blueplan Engineering, be 10.THAT Report No. PS-20- 11.THAT Report No. PS-20- received. 12.THAT thefollowing Reports of Committees/Outside Boards be noted and filed: (i)Long Point Region Conservation Authority Board of Directors Minutes of February 5, 2020. 13.THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated March 5 and 12, 2020. 2.County of Peterborough Resolution requesting Federal Government to pass Bill C-211, an Act to amend the Criminal Code (Assaults against health care professionals and first responders). 3.Township of Tyendinaga Resolution supporting a peaceful conclusion to the ongoing rail disruptions and encouragement to find a path to a peaceful solution regarding the Coastal GasLink Project. 4.Town of Kirkland Lake and Town of Grand Valley Resolution Security from Trespass and Protecting Food Safety Act, 2019. (Malahide supported a similarResolution on August 1, 2019). 5.Town of Ajax Resolution supporting the continuation ofboth mandatory and non-mandatory programs and services provided by Conservation Authorities. (Malahide Township supported a similar Resolution on September 19, 2019 and January 23, 2020). 6.Municipality of West Nipissing Resolution requesting the Ministry of Natural Resources and Forestry to provide supporting evidence with respect to the expansion of wetlands designations. 7.County of Norfolk Requesting Province to review process for Provincially Significant Wetlands mapping to allow for transparency and better land owner engagement. 8.Municipality of West Nipissing 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. 9.County of Elgin Land Division Committee Notice of Decision for Severance Applications as follows: -Application E87/19 Nilholm Holsteins Ltd. relating to property at Part Lot 3, Concession 11 (Granted). -Application E94/19 Solagrace Enterprises Inc. relating to property at Part Lot 88, Concession South Talbot Road (Granted). 10.Municipality of Central Elgin Notice of Zoning By-law Amendment relating to property at 5013 Yarmouth Centre Road. 14.THAT the Draft 2020 Operating Budget for the EECC, in the amount of $539,246.00 and the Draft 2020 Capital Budget for the EECC, in the amount of $60,000.00 be approved. 15.THAT the request received fromthe Aylmer & East Elgin Agricultural Society for in-kindsupport from the Township of Malahide for its annual Truck and Tractor Pull beapproved; it being pointed out that such in-kind support includes the use ofMalahide Road Operators and equipment to assist with preparing the trackfor the Truck and Tractor Pull; as well as, mutual aid assistance from theMalahide Fire Services in the event that the Aylmer Fire Department isunable to respond to an incident/call for service. 16.THAT the Long Point Region Conservation Authority 2019 Annual Report and2019 Audited Financial Statements be received. 17.THAT the 2020 Springfield Family Fun Day event being held on June 20, 2020 in Springfield be supported; AND THAT, in recognition of the community benefit, the Municipal Staff be authorized and directed t insurance coverage for the Springfield Family Fun Day event and its Organizing Committee. 18.THAT By-law No. 20-18,being a By-law to authorize the execution of an Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing for the Transfer Payment Agreement relating to the Municipal Modernization Program, be given first, second and third readings, and be properly signed and sealed. 19.THAT By-law No. 20-20,being a By-law to authorize the execution of an Agreement with D & D Commercial Property Maintenance Ltd. for roadside grass cutting for the years 2020-2022, be given first, second and third readings, and be properly signed and sealed. 20.THAT By-law No. 20-21,being a By-law to authorize the execution of an Agreement with McKenzie and Henderson Ltd. for supply and placement of road granulars, be given first, second and third readings, and be properly signed and sealed. 21.THAT By-law No.20-22,being a By-law to delegate duties during a declared Pandemic Period, be given first, second and third readings, and be properly signed and sealed. 22.THAT Council move into Closed Session at p.m., pursuant to Section 239(2) of theMunicipal Act, 2001, as amended, to discuss a Labour Relations or Employee Negotiations matter relating to Employee Benefits. 23.THAT Council move out of Closed Session and reconvene at p.m. in order to continue with its deliberations. 24.THAT By-law No. 20-19, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. 25.THATtheCounciladjournits meetingat _______ p.m.to meet again on April 2, 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, Deputy Mayor D. Giguère, 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, Director of Fire and Emergency Services B. Smith, Director of Development and Community Services E. DiMeo,HRCo-ordinator G. Tracey,and Deputy Clerk D. Wilson. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTEREST andthe General Nature thereof: No disclosures of pecuniary interest were declared. MINUTES: Councillor Moore indicated that the minutes of the February 20, 2020 Council Meeting did not accurately reflect his previous request of Staff. Councillor Moore asked that the minutes be amended to indicate that the Director of Physical Services was asked to review and report back to the Council whether there was a need for warning signs on the guide rails along Yorke Line and Dorchester Road, recognizing that it was too narrow for both farm vehicles and passenger vehicles to pass by eachother at the same time. No. 20-81 Moved by:Max Moore Seconded by:Rick Cerna THAT the minutesof the regular meeting of the Councilheld on February 20, 2020 be adopted as amended to clarify the request that the Director of Physical services to review whether there was a need for warning signs on the guiderails along Yorke Line and Dorchester Road. Carried. REPORTS: Director of Physical Services -Wilson Line Request for Speed Reduction The Municipal Staffwas requested to contact the OPPto request increased enforcement activity on Wilson Line in an effort to reduce speeding in thearea. In response to an inquiry received from Councillor Cerna, the Municipal Staff was directed to reportback to the Council at a future meeting with regardto options and potential coststo install photo radarin the Township. No. 20-82 Moved by:Max Moore Seconded by:Mark Widner THAT Report No. PS-20-Wilson Line Request for Speed Reduction AND THAT no action be taken at thistime 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. Carried. -Tender Results: 2020 Supply and Placement of Road Granulars No. 20-83 Moved by:Dominique Giguère Seconded by:Chester Glinski THAT Report No. PS-20- 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. Carried. Director of Development and Community Services -Severance Application E6/20 -Report No. 20-84 Moved by:Rick Cerna Seconded by:Mark Widner THAT Report No. DCS-20-09 enti received; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Carried. -Severance Application E6/20 -Conditions No. 20-85 Moved by:Rick Cerna Seconded by:Mark Widner 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 asrequired 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 conditionbeing deemed fulfilled. Carried. Chief Administrative Officer/Clerk -Fire Training Officer Cost Sharing Agreement No. 20-86 Moved by:Scott Lewis Seconded by:Chester Glinski THAT Report No. CAO-20-Officer Cost Sharing 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. Carried. CORRESPONDENCE No. 20-87 Moved by: Mark Widner Seconded by: Max Moore THAT the County of Haliburton resolution requesting Province to reconsider or phase in Tourism oriented destination signage fee increases be supported. Carried. No. 20-88 Moved by:Mark Widner Seconded by:Max Moore 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.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). 5.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. 6.Ministry of Municipal Affairs and Housing Release of new Provincial Policy Statement 2020. 7.Kettle Creek Conservation Authority 2019 Annual Report. 8.Municipality of Central Elgin Notice of Passing of Zoning By-law Amendment regarding property at 403 Stanley Park Drive, Port Stanley. Carried. OTHER BUSINESS: -MMAH -Service & OrganizationalDelivery Review Funding Approval No. 20-89 Moved by:Mark Widner Seconded by:Scott Lewis 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 Review be received; it being noted that the Malahide Township Council previously awarded the contract to conduct such Service Delivery and Organizational Review to Performance Concepts Consulting, at a cost of $65,520 (excluding HST). Carried. -Antonissen Trucking -Request for Reduction of Half Load Restrictions The Deputy Mayor noted the importance of protecting our infrastructure while also promoting businesses in the Township. In response to an inquiry, the Chief Administrative Officer advised that the Municipal Staff would prepare two separate reportsdealing with Mr. the second outlining other options and implications of potentially eliminating half load season on Township Roads. No. 20-90 Moved by:Rick Cerna Seconded by:Max Moore 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 theCouncil at a future meeting. Carried. -Kettle Creek Conservation Authority 2020 Levy No. 20-91 Moved by:Mark Widner Seconded by:Dominique Giguere THAT the Kettle Creek Conservation Authority Notice of Confirmation relating to the 2020 Levy be received. Carried. -Terrace Lodge Redevelopment Fundraising Committee No. 20-92 Moved by:Dominique Giguère Seconded by:Scott Lewis 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. Carried. BY-LAWS: -By-law No. 20-12Property Standards No. 20-93 Moved by:Max Moore Seconded by:Scott Lewis 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. Carried. -By-law No. 20-15Fire Training Officer Cost Sharing Agreement No. 20-94 Moved by:Chester Glinski Seconded by:Scott Lewis 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. Carried. CLOSED SESSION: No. 20-95 Moved by:Mark Widner Seconded by:Rick Cerna THAT Council move into Closed Session at 8:08p.m., pursuant toSection 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 Pending Acquisition 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. Carried. No. 20-96 Moved by:Mark Widner Seconded by:Rick Cerna THAT Council move out of Closed Session and reconvene at9:30p.m. in order to continue with its deliberations. Carried. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a proposed or pending acquisition or disposition of land by the municipality or local board relating to property on Ron McNeil Line. There is nothing further to report. The Mayor advised that during the Closed Session, the Council provided direction to theMunicipal Staff regarding a proposed or pending acquisition or disposition of land by the municipality or local board relating to property on Imperial Road. There is nothing further to report. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a labour relations or employee negotiations matter regarding Staff Performance Reviews. There is nothing further to report. CONFIRMATORY: No. 20-97 Moved by:Max Moore Seconded by:Dominique Giguère THAT By-law No. 20-14, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 20-98 Moved by:Chester Glinski Seconded by:Mark Widner THATtheCounciladjournits meetingat 9:31p.m.to meet again on March 19,2020, at 7:30 p.m. Carried. ________________________________________ Mayor D. Mennill ________________________________________ Clerk M. Casavecchia-Somers NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE TOWNSHIP OF MALAHIDE TAKE NOTICE that the Township of Malahide has received a complete application for a proposed Zoning By- law Amendment. APPLICANT: Civic Planning Solutions Inc. (David Roe) on behalf of Andrew and Connie Thiessen, owners of part of Lot 15, Concession 4,Township of Malahide. The lands affected by the amendment are known municipally as 7381 Hacienda Road,situated on the west side of Hacienda Road south of John Wise Line in the Hamlet of Luton. AND TAKE NOTICE that the Council of the Corporation of the Township of Malahide will hold a public meeting onThursday, March 19, 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 Zoning By-law Amendment under Section 34 of the Planning Act. THE PURPOSE AND EFFECT of this amendment is to change the zoning on a parcel of land occupied by a single detached dwelling and accessory buildings (three sheds), from theHamlet Commercial (HC) zoneto the Hamlet Residential (HR) zone, to permit the creation of two lots for residential purposes, one of which would constitute a new building lot. In addition to the existing residential use, it is understood that a bakery was operated from the premises although this commercial use ceased operation some time ago.The change in zoning is being requested to fulfill conditions of Application for Consent E 78/19 granted by the County of Elgin Land Division Committee. The subject lands are in the process of being severed into two smaller parcels. The northernmost lot, occupied by an existing single unit dwelling, comprises an area of approximately 3,150.9 sq m (0.8 ac), a frontage of 30.7 metres (100.7 ft) and a depth of 107.6 metres (353 ft). The southernmost lot, occupied by three sheds, comprises an area of approximately 3,246 sq m (0.8 ac), a frontage of 28.8 metres (94.4 ft) and a depth of 107.7 metres (353 ft). It is proposed that a new single unit dwelling be erected on the proposed lot. 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 by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Township of Malahide to the Local Planning Appeal Tribunal. If a person or public body does not make oral submission at a public meeting, or make written submissions to the Township of Malahide before the by-law is passed, the person or public body may 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 adoption of the proposed amendment, or the refusal of a request to amend the Zoning By- law you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Township Office. DATED at the Township of Malahide this 26th day of February, 2020. M. Casavecchia-Somers, CAO/Clerk Township of Malahide, 87 John Street, South, Aylmer, Ontario.N5H 2C3519-773-5344 Memorandum To/Attention: Township of Malahide Date: March 13, 2020 From: Jay McGuffin Project No: 2002-002 Subject: Application to amend the Township of Malahide Zoning By-Law No. 18-22 Part Lot 15,Concession 4, Township of Malahide, Ontario 7381 Hacienda Road Applicant: Civic Planning Solutions Inc. (David Roe) Registered Owners:Andrew and Connie Thiessen Purpose An application has been made to amend the Township of Malahide Zoning By-Law No. 18-22 to re-zone two parcels in the Hamlet of Luton from the Hamlet Commercial (HC) Zone to the Hamlet Residential (HR) Zone. The re-zoning is applied to fulfill a condition of a consent granted by the County of Elgin Land Division Committee (Application E 78/19) to create two residential lots,one of which would constitute a new building lot. Subject Lands The subject lands are legally known as part of Lot15, Concession 4 in the Township of Malahide andare municipally known as 7381 Hacienda Road,situated on the west side of Hacienda Road south of John Wise Line in the Hamlet of South Luton.The subject lands are located in a design Tier Three the designated Hamlet of Luton-1. The lands are zoned Hamlet Commercial (HC) on K of the Township of Malahide Zoning By-Law No. 18-22. The subject lands are in the process of being severed into two smaller parcels. The northernmost lot, occupied by an existing single unit dwelling, comprises an area of approximately 3,150.9 sq m (0.8 ac), a frontage of 30.7 metres (100.7 ft) and a depth of 107.6 metres (353 ft). The southernmost lot (Parcel B), occupied by three sheds, comprises an area of approximately 3,246 sq m (0.8 ac), a frontage of 28.8 metres (94.4 ft) and a depth of 107.7 metres (353 ft). A new single unit dwelling is proposed to be erected on this lot. The existing dwelling is serviced by a private, on-site water supply and waste disposal system. The proposed building lot will require its own independent water supply and waste disposal. The existing dwelling has a driveway entrance to Hacienda Road and a new independent entrance will be required for the proposed building lot. The application indicates that storm drainage has, or will be, addressed as part of a lot grading plan. Based on information provided by the Township, there was formerly a commercial use made of the property (possibly a bakery or similar use), although such a business and mixed use of the property appears to have been discontinued some time ago. Theowners have confirmed that a commercial use is not being operated from the premises and is now solely used for residential purposes. Neighbouring lands comprise a mix of low density residential development, primarily in the form of single unit dwellings, situated on both sides of Hacienda Road within the Luton settlement area. Other lands in the vicinity comprise larger farm parcels which abut the Hamlet boundary. No offensive or otherwise incompatible uses are apparent in the vicinity of the subject lands. Provincial Policy Statement The Provincial Policy Statement (PPS) provides support for the application. Section 1.1.3 contains policies for settlement areas, establishing that these areas shall be the focus of growth, promoting vitality and regeneration. Section 1.1.3.3 maintains that planning authorities shall promote opportunities for intensification such as infill development. Section 1.1.3.6 also establishes that new development taking place within designated growth areas should occur adjacent to existing built up areas and be compact in form. The lands are located within the Hamlet designation of Luton, where non-farm development is both established andencouraged to avoid conflicts with agricultural uses and prevent the loss of prime agricultural farm land. The proposed exclusively residential use represents infilling and development on an underutilized parcel. A re-zoning of the lands to support the creation of two residential lots in the designated Hamlet of Luton is considered to be consistent with the Provincial Policy Statement. County of Elgin Official Plan As previously identified, the lands are design Tier Three County of Elgin Official Plan. The relevant policies of the Plan, as they relate to development in ment Areasare as follows: C1.1.1 Residential Areas It is the objective of this Plan to: a) maintain and enhance the character and identity of existing residential areas; b) encourage the provision of a range of housing types to accommodate persons with diverse social and economic backgrounds, needs and desires while promoting the maintenance and improvement of existing housing; c) promote the efficient use of existing and planned infrastructure by supporting opportunities for various forms of residential intensification, where appropriate; d) encourage increases in density in new development areas to maximize the use of infrastructure and minimize the amount of land required for new development; e) ensure that residential areas permit a variety of complementary and compatible land uses including special needs housing, community facilities, schools, small-scale commercial uses and recreational open space areas; f) require a high standard of urban design for development and redevelopment;and, g) encourage local municipalities to establish comprehensive design guidelines and policies to foster the establishment of communities that are safe, functional and attractive. Residential infilling and intensification would be occurring.To the extent that the Official Plan contains policies regarding the efficient use of existing and planned infrastructure (item c) and increasing density in new development areas (item d), the proposed building lot provides an opportunity for residential infilling on a parcel which is no longer used for a mix of commercial/residential purposes and, given its location and neighbouring uses, better suited exclusively for residential use.Conformity with the Official Plan is capable of being maintained. Township of Malahide Official Plan As previously identified, the lands are located in of Luton -of the Township of Malahide Official Plan. Policies for this designation are contained in Section 4.3 of the Official Plan.Section 4.3.3 of the Official Plan contains guiding criteria for consents within Hamletareas. The Township of Malahide, in supporting the application, and the Elgin Land Division Committee, in granting the application for consent, have determined that these criteria have been satisfied. Zoning By-Law No. 18-22 The subject lands are zoned Hamlet Commercial (HC) on of the Township of Malahide Zoning By-Law No. 18-22.The H By-law No.05-27. A re-zoning to Hamlet Residential (HR) is required to permit the use of the proposed lots for residential purposes. Permitted uses of the Hamlet Residential (HR) Zone include a single unit dwelling, a converted dwelling a home occupationand accessory uses. The proposed lots would readily satisfy the minimum lot area and lot frontage requirements (1,850 sq m & 25 m respectively) of the HRZone. Based on a sketch (preliminary survey) submitted with the application, the existing dwelling and sheds satisfy the minimum yard requirements of the Zoning By-law. The construction of a new single unit onthe proposed building lot will be subject to all of the minimum yard and setback requirements of the HR Zone. Recommendation Based on the above analysis, the proposed zoning by-law amendment to rezone the subject from Hamlet Commercial (HC) to Hamlet Residential (HR) is consistent with the PPS, conforms to the County of Elgin Official Plan and Township of Malahide Official Plan, and maintains the general intent and purpose of the Zoning By-Law. It is recommended: The subject lands be re-zoned from Hamlet Commercial (HC) to Hamlet Residential (HR); The attached amending By-law be considered for adoption. Yours very truly, MONTEITH BROWN PLANNING CONSULTANTS (digitally signed) Jay McGuffin, MCIP, RPP Vice President, Principal Planner JMC;ds NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE TOWNSHIP OF MALAHIDE TAKE NOTICE that the Township of Malahide has received a complete application for a proposed Zoning By- law Amendment. APPLICANT: Civic Planning Solutions Inc. (David Roe) on behalf of Daryl and Katharina Good, owners of part of Lot 10, Concession 2,Township of Malahide. The lands affected by the amendment are known municipally as 5457 Imperial Road,situated on the west side of Imperial Road (County Road 73) north of Jamestown Line and the Hamlet of Copenhagen. AND TAKE NOTICE that the Council of the Corporation of the Township of Malahide will hold a public meeting onThursday, March 19, 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 Zoning By-law Amendment under Section 34 of the Planning Act. THE PURPOSE AND EFFECT of this amendment is to amend the zoning which applies on a parcel of land occupied by asingle detached dwelling and accessory buildings (greenhouse, workshop and two barns). In addition to the existing residential use, a market garden and animal kennel (Candyville Pups) are currently --9) zoning would be amended to recognize the animal kennel as a permitted use notwithstanding that such uses are only permitted in the A4 -ecifically allows for the animal kennel use (theA4-9 zoning currently does not). The subject lands comprises an area of approximately 8,892 sq m (2.2 acres), a frontage of approximately 114 metres (374 ft) and a depth of approximately 78 metres (256 ft). 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 by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Township of Malahide to the Local Planning Appeal Tribunal. If a person or public body does not make oral submission at a public meeting, or make written submissions to the Township of Malahide before the by-law is passed, the person or public body may notbe added as a party to the hearing of an appeal before theLocal Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, or the refusal of a request to amend the Zoning By-law you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Township Office. DATED at the Township of Malahide this 26th day of February, 2020. M. Casavecchia-Somers, CAO/Clerk Township of Malahide, 87 John Street, South, Aylmer, Ontario.N5H 2C3 519-773-5344 Memorandum To/Attention: Township of Malahide Date: March 13, 2020 From: Jay McGuffin Project No: 2002-001 Subject: Application to Amend the Township of Malahide Zoning By-Law No. 18-22 Part Lot 10,Concession 2,Township of Malahide, Ontario 5457 Imperial Road Applicant: Civic Planning Solutions Inc. (David Roe) Registered Owners: Daryl and Katharina Good Purpose An application has been made to amend the Township of Malahide Zoning By-Law No. 18-22 to lands for approximately one year. Subject Site The subject lands are legally known as part Lot 10,Concession 2 (Part 1, Reference Plan 11R-9431) in the Township of Malahide andare municipally known as 5457 Imperial Road,located on the west side of Imperial Road (County Road 73) north of Jamestown Line and north of the Hamlet of Copenhagen. The lands comprise an area of approximately 8,892 square metres (2.2 acres), a frontage of approximately 114 metres (374 ft) and a depth of approximately 78 metres (256 ft). The parcel is occupied by a single unit dwelling and various accessory buildings consisting of a greenhouse, workshop and two barns. In addition to the existing residential use, a market garden and animal kennel (Candyville Pups) are currently operated from the premises. No new buildings or structures are proposed. The subject lands are serviced by means of a private dug well for water supply and an individual on-site septic system. Access to the lands is provided by means of an existing driveway entrance toImperial Road (County Road 73). With the exception of the existing buildings, which are partially screened from the road by mature trees, the parcel is comprised of landscaped open space. Based on our records, the subject lot was severed from the larger farm parcel in 2012 (under the name Lankhuijzen) and was subsequently re-zoned to permit a market garden operation on the parcel. The subject lands are designated and are designated nship of Malahide Official Plan. The lands are zoned --9) on Map 89of the Township of Malahide Zoning By-Law No. 18-22. Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 5457 Imperial Road Daryl and Katharina Good March 13, 2020 Animal Kennel Operation Based on information provided abbreviated details are provided for consideration: They have been operating for a year or so. They have 17 adult dogs. They have usually two litters at a time, sometimes a 3rd. That would be maximum of 30 puppies, usually a bit less. About a quarter of the big pack barn is used for the kennel and all of the smaller barn. This is strictly a breeding kennel and no boarding takes place. There is no sound proofing (except for distance) as there are no neighbours close by. The outside runs (these are group runs not individual with exception for the nursery). The see people on the road. I have been there several times and there is not much barking except when you go over to the group run to meet the dogs. Looks to be a well-run place, the dogs are not in small cages like puppy mill. Heated facilities and very clean. Lots of human/dog interaction. More information is available on the breeds of dogs offered andother operational characteristics and may be found on the kennels business website at candyvillepups.com. Provincial Policy Statement The Provincial Policy Statement (PPS) does not specifically address the proposed change in zoning insofar as such types of localized changes are best considered addressed by the local municipality. Nevertheless, in a broad statement the PPS underscores the following principles: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns 1.1.1 Healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c) avoiding development and land use patterns which may cause environmental or public health To the extent to which the animal kennel is cause for consideration under subsection c) noted above, noise considerations and the possible impacts of barking dogs on neighbouring properties,particularly in the absence of any soundproofing measures,warrants further attention. As indicated, two buildings on the property are associated with the animal kennel operation. Outdoor runs are indicated adjacent to the northernmost barn. Fencing is indicated on the site plan submitted, and a row of mature trees serves to partially screen the facilities from Imperial Road. Nevertheless, screening alone is unlikely to be a significant factor in reducing noise often associated with animal kennels. The harmful effects of excessive noise generated from animal kennels, including comparative noise levels from other sources, is well documented: Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 5457 Imperial Road Daryl and Katharina Good March 13, 2020 pability of the dosimeter (118.9 dBA). Often, in new facility designs, there is little or no attention paid to noise abatement, despite the evidence that noise causes physical and psychological stress on dogs. This is mostly because of the high expense. Toput this into context, 95 dB(A) is comparable to a subway train, 110 dB(A) is a jackhammer, and 120 dB(A) is a propeller aircraft; any sound in the 90 to 120 dB(A) (Vocal Booth To Go Reducing The Noise From Dogs In Kennels And Shelters, July 2013) Distance remains the best means of providing effective buffering between the animal kennel and neighbouring dwellings and the avoidance of future nuisance complaints. In this instance (and as confirmed by the Township), the existing animal kennel facility has not been the source of on-going noise or nuisance complaints and the owners maintain a clean, efficient and professionally-operated facility. On this basis, consistency with PPS appears capable of being maintained. County of Elgin Official Plan The subject site County of Elgin Official Plan. The following policy may have some application to the circumstances at hand: C2.7.1 Characteristics of a Secondary Use A secondary use is any land use that is secondary to the principle use on a property. If the principle use is agriculture, then the secondary use must be accessory to and subordinate to the agricultural use. If the principle use on the property is residential in the form of a single detached dwelling, then the secondary use must be accessory and subordinate to the single detached dwelling. Factors to consider by municipalities in determining whether a use is a secondary use include: a) the amount of land devoted to the secondary use in comparison to the amount of land devoted to the principle use; b) the size of the building housing the secondary use in relation to the sizes of building(s) accommodating the principle use; c) the nature of the secondary use itself and whether the use is operated by the owner of the property; d) the number of people employed by the secondary use in relation to the number of people employed by the principle use; e) the extent to which retail sales occur as a component of the secondary use; and, f) the amount of traffic generated by the secondary use in relation to the principle use on the property. Local municipalities are encouraged to permit secondary uses in their Official Plans and implementing zoning by-laws as appropriate. The existing animal kennel occupies a total of 88 sq m in the pack barn and 107 sq m in the barn for a total floor area of 195 sq m. The single unit dwelling comprises a floor area of 139 sq m. While the animal buildings which were not originally constructed specifically for the kennel use. The County of Elgin Official Plan does not specifically reference animal kennels and, as such, it is expected that such uses will be more closely regulated as a local zoning by-law matter. The proposed Zoning By-law amendment would not offend any general planning policies of the County of Elgin Official Plan. Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 5457 Imperial Road Daryl and Katharina Good March 13, 2020 Malahide Official Plan The subject site is located i1ship of Malahide Official Plan. The Official Plan does not specifically regulate animal kennels in agricultural areas, however, more generalized policies are as follows: 2.1.1.2 The basic policy framework guiding land use and development in agricultural areas in the Township of Malahide is as follows: a) The Township shall encourage the retention and active cultivation of all farmland by: with all other land uses as controlled exceptions ii) Regulating all non-farm uses so that they do not pre-empt, restrict or conflict with agricultural uses. b) The Township shall encourage the growth of agriculturally related industries and commercial activities that are limited in scale and compatible with surrounding agricultural operations, and are directly related to the farm operation and required to be in close proximity to the farm operation. In this instance, the degree to which the animal kennel, in its existing form, imposes hardship on neighbouring agricultural uses is unknown but is unlikely to pose a significant issue. Of greater concern to the Township would be the potential noise impacts the kennel operation has on neighbouring residential properties in the event the operation should expand or intensify. Zoning By-Law No. 18-22 The subject lands are zoned --9) onMap 89 of the Township of Malahide Zoning By-Law No. 18-22.-- law and permits -of-s listed below: -bed and breakfast establishment -converted dwelling -forestry use -group home -halfway house -home occupation -restricted agricultural use -secondary farm occupation -law is of relevance: 2.11ANIMAL KENNEL shall mean the use of land, buildings or structures or combination thereof within which four (4) or more domesticated animals, other than poultry, more than four (4) months of age are housed, groomed, bred, boarded, Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 5457 Imperial Road Daryl and Katharina Good March 13, 2020 Animal kennels are listed as permitted uses, - specifically listed as a permitted use- (A4-9) Zone. The primary reason for this is to ensure that the municipality has the ability to review the use in terms of its suitability in any given location and apply any necessary controls (size, setbacks, etc) it deems appropriate under the circumstances. Animal Kennels The following provisions shall apply to animal kennels: a) minimum distance from a dwelling located on a separate lot outside a settlement area 300 m b) minimum distance from a settlement area Minimum separation distances between animal kennels and dwellings on neighbouring lots (such as -law) are intended to provide a minimum degree of separation between potentially incompatible uses. As a general planning principle (and one which has been upheld by the former Ontario Municipal Board), uses such as dog kennels are appropriately located in rural areas away from neighbouring dwellings to minimize the impact of such facilities on the quite enjoyment of property by residents of these dwellings. While there is an increased potential for conflict in the event changes are made to the existing operational parameters of the kennel, either by the current owners or future owners, the proposed zoning by-law amendment is capable of addressing such a scenario by zoning to recognize the existing animal kennel operation. This would include restricting the animal kennel to breeding only (no boarding), restricting the number of dogs and, based on information provided by the applicant, restricting the floor area of the buildings used for the purposes of an animal kennel. At this particular stage, the requirement for a report/evaluation provided by a professional engineer and any recommended noise attenuation measures could prove costly and, particularly given the absence of complaints from neighbouring properties, would appear unwarranted and even considered an undue hardship on the ability to maintain the current, apparent high standard of business operation. In recognition, however, that a change in ownership may occur in the future or the operation of the existing kennel may potentially expand or change significantly, it would be prudent for the Township to ensure (through consideration of the proposed zoning described above) that any contemplated expansion of the facility is subject to additional zoning approvals, which would include a detailed noise evaluation study. Recommendation Based on the above analysis, the proposed zoning by-law amendment to permit/recognize the existing animal kennel operation is consistent with the PPS, conforms to the County of Elgin Official Plan and Township of Malahide Official Plan,and maintains the general intent and purpose of the Zoning By-Law. Township of Malahide MONTEITH BROWN PLANNING CONSULTANTS 5457 Imperial Road Daryl and Katharina Good March 13, 2020 It is recommended: *That the--9) zoning which applies to the subject lands be amended to: i) permit an animal kennel as an additional permitted use of the subject lands; ii) notwithstanding dogs only, to a maximum of 17 adult dogs and 30 puppies in the existing barns in which they are presently accommodated; iii) notwithstanding Section 5.3.3 of the Zoning By-law, establish a minimum separation distance of 120 metres between a building used in whole or in part for an animal kennel and a dwelling situated on a neighbouring lot. Yours very truly, MONTEITH BROWN PLANNING CONSULTANTS (digitally signed) Jay McGuffin, MCIP, RPP Vice President, Principal Planner JMC;ds Report toCouncil REPORT NO.:F20-04 DATE: March 10, 2020 ATTACHMENT:None SUBJECT:Emergency Services Activity Report -February Recommendation: THAT Report No. F20-04Emergency Services Activity Report Februarybe received. Background: Department Incidents In February,2020, Malahide Fire Services responded to twenty-two (22) incidents as compared to twenty-nine (29)incidents in 2019, twenty-nine (29) incidentsin 2018, thirty-two (32)incidents in 2017, twenty-six (26)incidents in 2016,and fifteen (15) incidents in 2015. Medical incidents accounted for approximately sixty (60%) of all Februaryincidents in 2020. The average age of persons requiring medicalresponse in February 2020 was 61with a 45/55male/female ratio. Of the twenty-two (22) incidents in February 2020, South Stationresponded to twelve (12)incidents, Station #3 to four (4) incidents, and Station #4 to six (6) 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 twelve(12) incidents, Station #3 tosix(6)incidents, and Station #4 responding to eight(8) incidents. Fire Events Loss/Save There were two (2) structure fires in February, there was a dollar loss of $350,000.00 and total dollars saved of $100,000.00. Fire Prevention The Februaryfire safety message of the month was Cooking Fire? Put a lid on it Fire Prevention Staff had oneactivityforFire Prevention instructionand Public Educationin February which was the production of a video for social media distribution. This video was Fire Safety Inspections In February 2020,the Staff conducted one (1)inspections.Noinspection orders for non- compliance wereissued. Station and Technical Training Station training for February was WHMIS and on line testing. Technical rescue training for the month was practical water and ice rescue training conducted at area ponds. Training Revenue A Full DZ Drivers Course was run on February 21,22, and 23 for 18 firefighters generating $12,275 in billing to Southwold, West Elgin, Onieda,and Strathroy Caradoc. 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 February.To date in 2020,we have invoiced$6,160.44for services provided to the MTO andto non-residents of Malahide Township(January, 2020incidents). Burn Permits To date in 2020,the Staff have issued one hundred and thirty-five(135) burn permits. General Automatic Aid Agreement(s) The Automatic Aid Agreement with Central Elgin was not activated inFebruary,2020. Mutual Aid Malahide Fire Services wasrequested for Mutual Aid assistance once (1) inFebruary by Southwest Oxford. Malahide Fire ServicesrequestedMutual Aidfrom Bayham once (1) in February as well. Emergency Management Program Emergency Response Noemergency activities in February. 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-20-05 DATE: January 29, 2020 ATTACHMENT:Petition and Map SUBJECT:Requestfor DrainImprovement:Abrams Petition Recommendation: THAT Report No.PS-20-05entitledRequest for Drain Improvement: Abrams Petition AND THAT Brad Bunke,P.Eng.,of GM Blueplan Engineering, be appointed to Comments/Analysis: The Township has received a Request for DrainImprovement for the Underhill Drain (petition and mapattached).The petition is to Underhill Drain.During constructionof anoutbuildingaddition at 50345 John Wise Line, the Township became aware of an encroachment on the Underhill Drain. The Staff investigated and found that a foundation was constructed over a portion of Branch Aof the Underhill Drain.Jacob Abrams has petitioned to have a portion of the drain relocated further south of his property, at his expense. The estimated length of the project is 40meters. The existing Underhill Drainwas constructed pursuant to a report done by Spriet Associates,dated October 31, 2007. Financial Implications to Budget: N/A. Summary: of the Underhill Drain relocated at his expense. The Staff are recommending that Brad Bunke, P.Eng., of GM Blueplan Engineeringbe appointed by the Council to prepare an Engineers Report. 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 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-20-07 DATE: March 11,2020 ATTACHMENT:Drinking Water Quality Trends Report 2019, 2020 Management Review Meeting Minutes SUBJECT:Malahide Water Distribution System: DWQMS Element 20: 2019 Drinking Water Quality Trends Report Recommendation: THAT Report No. PS-20-07Malahide Water Distribution System: 2019Drinking Water Quality Trendsbe received; Background: On an annual basis, the Operating Authority being the Ontario Clean Water Agency (OCWA), is required to submit to the owner, a drinking water quality trends report for the Malahide Water Distribution System. This report is subsequently reviewed with the owner which is a requirement of Element 20: Management Review of the DWQMS Operational Plan. Comments/Analysis: On February 6, 2020,the Ontario Clean Water Agency provided the drinking water quality trends report to Staff of the Township of Malahide as part of the annual Management Review meeting.Additionally,the Management Reviewwas conducted on purpose of the review is to evaluate the continuing suitability, adequacy and Quality & Environmental Management System (QEMS). The attached report as provided by OCWA is a detailed summary of drinking water quality parameters that are monitored by the operators which include chlorine residuals, microbiological testing,and Trihalomethanes.een included in sampling as a new requirement which began in 2017. The attached report charts out the minimum and maximum results for theseparametersover the last ten yearsagainst the operational guidelines and adverse water quality limits set by O. Reg. 170/03. Financial Implications to Budget: N/A. Summary: The information provided to the Staff by OCWA is used to make certain the Staff and Council are aware of drinking water quality trends on the Malahide Distribution System. The report also helpsCouncil make decisions in an effort to provide a continual safe supply of potable water for the residents connected tomunicipal water in Malahide Township. 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. with area municipalities to The report provides the Council with the status of ongoing projects in order to achieve better program delivery. Submitted by:Approved by:Approved for Council: Sam GustavsonMatt Sweetland, P.Eng. Water/Wastewater Operations Director of Physical Services Manager Overview As part of the DWQMS Element 20: Management Review it is required to review the drinking water quality trendsfor the facility. This report details the drinking water qualityparameters that are monitoredfor the Malahide Distribution System. These parameters are: Distribution Free Chlorine Residuals DistributionWater E.coli, Total Coliform and Hetertrophic Plate Count DistributionWater Trihalomethanes and Haloacetic Acids Free Chlorine Each week seven residuals are taken on the systemaccording to the regulations. The annual minimum and maximum chlorine residuals for the last tenyears were: Minimum Free Chlorine Maximum Free Chlorine Year Residual (mg/L)Residual (mg/L) 20100.101.76 20110.131.22 20120.091.01 20130.041.22 20140.221.11 20150.232.16 20160.241.07 20170.211.41 20180.341.76 20190.361.82 Operational Guideline0.204.00 AWQI Limit0.05n/a The chart below depicts the minimum and maximum free chlorine residuals taken as grab samples in the Malahide Distribution System, comparing the last tenyears (2010-2019) against the operational guideline and adverse water quality limits set by O. Reg. 170/03. The required minimum is 0.20mg/L, which is a guideline from the MECPfor the drinking water system to achieve in all parts of the distribution system. If a residual is found below this requirement, action is required to increase this residual. Theusual means of increasing the residual is by flushing in the area.An Adverse Drinking Water Quality Indicator (AWQI) occurs when the free chlorine residual taken as a grab sample is below 0.05mg/L, this residual is to be reported the MECPSpills Action Centre (SAC) and the local Medical Officer of Health. Immediate action is required to bring the residual above 0.2mg/L in the affected area and take any further action as directed by the Medical Officer of Health. An AWQI was reported in 2013 for a grabsample in August which was below 0.05mg/L (Chart 1). In 2019, the average free chlorine residual taken as a grab sample in the distribution system was 0.81mg/L. This is comparableto the 2018average free chlorine residual. Refer to Chart 1. Lowchlorine residuals have been occurring at two locations in particular, the problem areas that have been identified are Jamestown Line/Rush Creek and Imperial Rd/Calton Line. These areas require frequent monitoring and flushing, especially in the warmer months.In 2019, the frequency of flushing was lowerthan in 2018, which is likely due to the re-chlorination facility installed on Dexter Line. Chart 1. Minimum and maximum free chlorine residuals throughout distribution system compared against the required minimum and the AWQI limit. Note: average chlorine residual data collection began in 2015. MicrobiologicalSamples The distribution water Malahide DistributionSystemis sampled weekly for E.coli, Total Coliform and HeterotrophicPlate Count (HPC), following O.Reg.170/03. Each week three samples are tested for E. coli and Total Coliform and one sample is tested for HPC. The Ontario Drinking Water Quality Standard for E.coli and Total Coliform is not detectable for both. Heterotrophic Plate Count is used as an operational tool to determine if there is an issue. There were no samples that had detectable E.coli or Total Coliform in 2019.Therefore, no adverse test results were reported to the MECPdue to microbiological sampling in 2019.In 2019 the HPC range was <10 to 530cfu/mL.The table below shows the sample results compared for the last tenyears (2010-2019). Year thth *AWQI reported on August 4and 5, 2010 at Sample Station #73 on Imperial Road, it was determined to be due to the Sample Station and not indicative of the water being supplied to consumers. Sample Station was isolated from the system. th **AWQI reported on June 8, 2011 at Aylmer Tire, resamples showed no adverse results. ***In 2012 the Port Bruce area received upgrades to the system which included new valves, hydrants and services. During this time numerous samples were taken following the upgrades and the MOH was issuing boil water rd , 2012 at Sample Station #78 in Port Bruce, it advisories for the affected areas. An AWQIwasreported on July 3 was determine to be due to the Sample Station and not indicative of the water being supplied to consumers. The th , 2012 this occurred on a Sample Station was isolated from the system. Another AWQI occurred on August 4 sample that was taken after upgrades to the system were completed. There was a Boil Water Advisory already issued for the area as a result of the upgrade project (which included newvalves, services and hydrants). Re- samples were obtained with no adverse results. There have been noissues with E. coli in the lasttenyears, refer to Chart 2. Chart 2. E. coli results from 2010 to 2019 as a percentage of samples below drinking water quality limits. There have been no AWQI’sfor Total Coliformssince 2012, refer to Chart 3. AWQIs are reported to the MECPand MOH. Chart 3. Total coliform results from 2010 to 2019 as a percentage of samples below drinking water quality limits. HPC results fluctuate, however, the majority of results show no issues (less than Method Detection Limit (MDL)), refer to chart 4 below. There is only a concern with high HPC results if they stay consistently high as this could indicate biofilm formation in the watermains. Chart 4. HPC results from 2010 to 2019 depicted as % below method detection limit (MDL) and % above MDL. Trihalomethanes The distribution system is sampled for Total Trihalomenthanes (THMs) on a quarterly basis, as per O. Reg. 170/03. The Ontario Drinking Water Quality Standard for THM is 100g/L. The range of THM results for the Malahide Distribution Systemin 2019 was 21to 58g/L.Refer to the chart below for the THM results compared for the lastnineyears. Overall, the running average of 35.5g/Lhas decreasedby 17.1% in 2019 compared to 2018, andis stillwell below the maximum allowable concentration. Chart 5. THM results for 2010-2019 compared against the drinking water quality limit. Haloacetic Acids The distribution system is sampled for Total HaloaceticAcids (HAAs) on a quarterly basis, as per O. Reg. 170/03. This requirement began in 2017. Currently there is no limit enforced for HAAs, this will begin in 2020 with the Ontario Drinking Water Quality Standard for HAA to be 80g/L. The range of HAA results for the Malahide Distribution System in 2019 was 7.6to 26.1g/L. Refer to the chart below for the HAA resultscompared overthe last three yearsand the concentration limit that will be enforced in 2020. Overall, the running average of 14.7g/L hasdecreased by 40.2% in 2019compared to 2018. Chart 6. HAA results for 2017-2019compared against the drinking water quality limit. Discussion Overall the Malahide Distribution Systemprovides quality water meeting all regulatory requirements. There were no AWQI’s for the system in 2019. An ongoing problem is low chlorine at two dead end locations in particular (Jamestown/Rushcreek and Imperial/Calton Line).Routine flushingat these locationsis completed in order to remain incompliance. The Port Burwell Area Secondary Water Supply System has installed are-chlorination facility located on Dexter Line this has shown to be effective in increasing the residuals in the Malahide Distribution Systemand at these two areas of concern. Revision History Date Revision #Reason for Revision Revision By 2020-02-05 0 Create Reportfor 2019 Stephanie Baronette Report toCouncil REPORT NO.:PS-20-15 DATE: February 27,2020 ATTACHMENT:2019Section11 and Schedule 22 Reports SUBJECT:Malahide Distribution System: 2019Section11 Annual Report and Schedule 22 Summary Report Recommendation: THAT Report No. PS-20-15Malahide Distribution System: 2019Section11 Annual Report and Schedule 22 Summary Report. Background: Schedule 22 of O. Reg. 170/03 under the Safe Drinking Water Act, requires that the st Operating Authorityprepare and submit a report to the Council no later than March 31 of each calendar year. In addition, the Operating Authority,being the Ontario Clean Water Agency (OCWA),is required to complete Section 11 of O. Reg. 170/03 under the Safe Drinking Water Act. The Section11Annual Report must be made available to the public free of charge if requested. The purpose of the two reports that are submitted by OCWA is to advise the Council on the operation of the system, the quality of the water,and the quantity of water used throughout the system for the previous year. Comments/Analysis: OCWA has prepared and submitted the 2019Ministry of the Environment, Conservation andParks (MECP) Annual Summary Reportfor the Malahide Distribution System. The Operating Authority is required to complete the Section 11 Annual Report by February th 28of each calendar year. The Mayor and Members of Council areto receive copies of st Schedule 22 reportby March 31of each calendar year. Copies of each report were provided to Council Members before the required dates by email. Reports are also submitted by the Elgin Area Primary Water Supply System -Joint Board of Management for the Elgin Area Water Treatment Plant, and the Elgin Middlesex Pumping Station. These reports areavailable to the Council if requested. The contents of the Schedule 22 report prepared by OCWA include: ns related to non-compliances . The contents of the Section11 report prepared by OCWA include: escription of the water system dverse water quality incidents served Attached for the Council's review are copies of the Section11 and Schedule 22 reports. Compliance with Regulations: The MECPconducted the annual inspection of theDistribution System on June 19, 2019.The Inspecting Officer, found no non-compliances with the regulatory requirements. The system received a mark of 100%for the Final Inspection Rating. Availability of Reports: Copies of the Section11 and Schedule 22 reports are to be made available for inspection by the public during normal working hours. The Staff have posted the reports on the Township of Malahide's website and are available at the front desk. If the general public requests a copy of the report, one must be made available free of charge. Financial Implications to Budget: N/A. Summary: The Annual Reports are an effective tool used to provide the Council with pertinent information on the how the Distribution System performed during the previous year. The purpose of the reports is to summarize compliance with the regulations, corrective also guarantees transparency between the MECP, the general public and the municipal dro both the public and the MECP that municipal drinking water systems are providing a safe supply of potablewater Relationship to Cultivating Malahide: The Cultivating Malahide Integrated CommunitySustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Local Government. One of the goals that support the "OurLocalGovernment" Strategic Pillar relates to "Regularly review departmental operations to determine where financial efficiencies can be found through centralizing appropriate operations, undertaking organizational reviews and work flow assessments, etc. Submitted by:Approved by:Approved for Council: Sam GustavsonMatt Sweetland, P.Eng. Water/Wastewater Director of Physical Services Operations Manager n/a NOTE: For continuous monitors use 8760 as the number of samples. 2,097 3,2194,23511.630.4-61.8 69,71272,026197.3211.2-6.6 6,1826,42117.618.6-5.4 3,7764,05811.18.727.6 13,00711,84132.436.4-11.0 7,9139,39325.717.844.4 6765.62.1 3.12.810.7 6.91.4392.9 3.13.2-3.1 Town of Aylmer EECC 01-20-20 Prior YearsCurrent Year Actual 2016Actual 2017Actual 2018Budget 2019Actual 20192020 Draft% of 2019 GENERAL FUND EXPENDITURES Salaries, Wages & Benefits 61111 +(61141) +(61171) +(61181) +(61191) +(61195) +(61131) +(61810)Salaries & Wages - Full Time$335,625$268,048$249,156$343,287$331,858$357,0314.00% 61112 +(61142) +(61172) +(61182)Salaries & Wages - Part Time147,253159,040148,142126,650120,731120,026-5.23% 63691Distributed Wages - FT000069500.00% 63692Distributed Wages - PT0000(95)00.00% 61820Employee Assistance Program4839679677508767500.00% 61840Self Funded Health Benefits2008731865006005000.00% 61911Canada Pension - Full Time13,85511,7069,86614,84913,75514,567-1.90% 61912Canada Pension - Part Time4,4275,3525,4157,4634,9494,527-39.34% 61921Unemployment Insurance - FT6,8475,0064,3316,4285,6876,149-4.34% 61922Unemployment Insurance - PT3,8883,7813,4255,2022,7802,722-47.67% 61930Health Benefits21,92819,88819,01523,02919,61724,6857.19% 61931Post Retirement Health Benefits0005002,7542,800460.00% 61940Group Life Premiums3,3613,4581,6354,6612,7583,982-14.57% 61950Long Term Disability Premiums.6,1065,4243,5239,6035,61211,03414.90% 61961OMERS Pension - Full Time26,93024,73923,73834,13331,52133,544-1.73% 61962OMERS Pension - Part Time2,4812,2516,46910,9455,4127,261-33.66% 61971RSP Pension - Full Time4,483000000.00% 61981Workers Compensation - Full Tim9,8888,1787,98111,24210,36211,052-1.69% 61982Workers Compensation - Part Tim4,4384,6374,6485,1613,8333,781-26.74% 61991Ontario Health Tax - Full Time6,5515,2564,9367,0466,4726,962-1.19% 61992Ontario Health Tax - Part Time2,9953,0822,8743,1952,3902,341-26.73% -------------------------------------------------------------------------------------------------------------------------------------------- Total Salaries, Wages & Benefits601,740531,686496,305614,644572,565613,714-0.15% Admin, Materials & Supplies 63110Association Fees1,5038631,0589509039500.00% 63120Travel Expenses3885743505001445000.00% 63130Tuition Fees, Workshops, Traini1,35903,0169,0005,0885,000-44.44% 63140Meetings7101435003500.00% 63150Personnel / Other0414006000.00% 63155Medical & Recruitment Tests15000000.00% Training Travel & Other3,3361,4784,47710,8006,1956,800-37.04% 63212Cleaning - Linens, etc29262943125020060.00% 63221Licenses and Permits6403917745005045000.00% 63222Postage & Courier159314773502063500.00% 63231Stationery, Office Supplies & P3,9904,7534,5934,0004,2494,0000.00% 63241Reference Material37022072200750700250.00% 63251Advertising17,13518,46411,88016,50012,93815,500-6.06% 63261Telephone9,5728,7028,9279,0009,7699,0000.00% 63262Cell Phone3,8992,9883,1183,0002,9833,80026.67% 63265Furniture & Equipment4,2143,4173,9423,5002,0675,00042.86% 63266SCADA / Cable1,4232,6482,9082,7502,4892,7500.00% 63270Computer Hardware / Software1,799001,0001,5851,0000.00% 63281Protective Clothing5043082881,5001,0871,5000.00% 63282Staff Uniforms6661595131,5001,4191,5000.00% 63290Administrative Fees12,00012,00012,00012,00012,00012,3002.50% 63370Liability Insurance14,31314,30015,26916,37517,30617,0003.82% 63671Insurance Claims(4,407)5,01800000.00% Administrative66,56974,31264,40572,30069,35275,1003.87% 63311Legal Fees3,2163,1713252,9002,2072,9000.00% 63330Consultants003110000.00% 63340Audit Fees02,0262,0662,1602,1502,2001.85% 64130Disability Management2,1873001,0006951,0000.00% Professional Fees & Charges5,4035,2262,7036,0605,0516,1000.66% 63510Equipment & Tool Purchases33203015006795000.00% 63570Repairs & Maintenance - Communi0000401000.00% 63580Repairs & Maintenance - Other10,1939,36627,73219,30026,35022,00013.99% 63590Program Expense26,20728,34222,22425,00033,07825,0000.00% Tools & Supplies36,73237,70850,25744,80060,14747,6006.25% 63610Janitorial Supplies5,5736,2846,8746,3008,4346,3000.00% 63620Maintenance Supplies8,96812,3707,12411,0005,22011,0000.00% 63630Repairs, Alterations, Services38,29940,28038,29652,00050,23452,0000.00% 63640Hydro Costs258,255266,282258,529270,000270,258270,0000.00% 63650Water Costs3,9223,8884,1463,5004,3794,60031.43% 63660Gas/Oil Costs53,92751,93351,38451,00045,64852,0001.96% 63670Building Insurance13,48813,71814,37214,70015,41515,2904.01% Buildings382,433394,756380,724408,500399,588411,1900.66% 63811User Group Expenses2,4041,5512,0182,1001,9982,1000.00% Operations Materials2,4041,5512,0182,1001,9982,1000.00% -------------------------------------------------------------------------------------------------------------------------------------------- Total Admin, Materials & Supplies496,876515,031504,583544,560542,331548,8900.80% Contracted Services 64110Computer - IT Support11,2402,9182,2275,0005,4245,0000.00% 64140Annual Maintenance Contract4,8002,4002,4002,4002,4002,4000.00% Annual Contracted Services16,0405,3184,6277,4007,8247,4000.00% 64510Waste Collection Contract11,0839,70311,54510,00015,26910,0000.00% Solid Waste & Recycling11,0839,70311,54510,00015,26910,0000.00% 64610Snow Removal Contract14,50014,40915,36010,00015,55012,00020.00% Roads14,50014,40915,36010,00015,55012,00020.00% 64900Service Agreements33,24826,98723,18829,00013,36729,0000.00% Service Agreements33,24826,98723,18829,00013,36729,0000.00% -------------------------------------------------------------------------------------------------------------------------------------------- Total Contracted Services74,87156,41754,72056,40052,01058,4003.55% Rents & Financial Services 65520Uncollectable Accounts Receivab680000000.00% 65530Debit & Credit Card Fees3,4882,6503,2103,0003,4943,0000.00% 65550Cash Over and Under00(1)0000.00% Financial Services4,1682,6503,2093,0003,4943,0000.00% -------------------------------------------------------------------------------------------------------------------------------------------- Total rents & Financial Services4,1682,6503,2093,0003,4943,0000.00% Transfer to Own Funds 67100Transfer to Reserve Funds from Operating31,801000000.00% 67400Transfer to Trust3,7840001,68500.00% -------------------------------------------------------------------------------------------------------------------------------------------- Total Trfrs. to Own Funds35,5850001,68500.00% TOTAL GENERAL FUND EXPENDITURES1,213,2401,105,7841,058,8171,218,6041,172,0851,224,0040.44% GENERAL FUND REVENUES Canada / Ontario Grants 53100Ontario Grants(14,870)000000.00% Ontario Grants(14,870)000000.00% 53210Canada Day Grant(3,000)(3,600)(3,600)(3,600)(3,600)(3,600)0.00% 53220Student Grant(1,971)(2,736)(1,680)(2,240)(1,960)(2,240)0.00% 53230Enabling Accessibility Grant(5,160)000(16,745)00.00% Canada Grants(10,131)(6,336)(5,280)(5,840)(22,305)(5,840)0.00% -------------------------------------------------------------------------------------------------------------------------------------------- Total Canada / Ontario Grants(25,001)(6,336)(5,280)(5,840)(22,305)(5,840)0.00% 54700Municipal Contributions - Other(61,638)(57,013)(49,675)(55,000)(75,532)(55,000)0.00% Other Municipal Contributions(61,638)(57,013)(49,675)(55,000)(75,532)(55,000)0.00% -------------------------------------------------------------------------------------------------------------------------------------------- Total Municipal Contributions(61,638)(57,013)(49,675)(55,000)(75,532)(55,000)0.00% User Fees & Service Charges 55101Ice Rental - Adult Prime(209,587)(240,753)(249,250)(245,000)(118,172)(155,000)-36.73% 55102Ice Rental -Youth Prime(185,230)(213,845)(214,243)(215,000)(223,868)(225,000)4.65% 55103Ice Rental - Adult Non-Prime(18,110)(209)(1,495)0(21,754)(10,000)0.00% 55104Ice Rental - Summer(13,521)000(90,490)(80,000)0.00% 55105Ice Rental - School(13,846)(15,081)(15,983)(15,500)(11,413)(15,500)0.00% 55106Ice Rental -Misc(10,959)000000.00% Ice Rental(451,253)(469,888)(480,972)(475,500)(465,696)(485,500)2.10% 55122Facility Rental - Community Hal(40,838)(37,117)(34,397)(40,000)(38,977)(40,000)0.00% 55123Facility Rental - Blue Line Roo(7,594)(8,681)(6,755)(10,000)(5,669)(10,000)0.00% 55124Facility Rental - Arena Floor(15,424)(12,323)(11,083)(15,000)(5,445)(10,000)-33.33% 55125Facility Rental - Meeting Room00(185)0(162)(200)0.00% 55126Facility Rental - Office(2,018)(675)0(2,000)00-100.00% 55127Facility Rental - Storage(1,346)0(480)0000.00% 55128Facility Rental - Kitchen(982)(174)(120)(1,000)00-100.00% 55129Facility Rental - Community Boo0(1,072)0(1,000)00-100.00% 55150Set up and / or tear down(1,744)000000.00% Facility Rental(69,945)(60,042)(53,021)(69,000)(50,252)(60,200)-12.75% 55201Advertising - Rink Boards(14,227)(13,039)(12,378)(11,000)(13,247)(10,000)-9.09% 55202Advertising - Ice Resurficer(2,840)(613)(1,840)(1,900)(1,227)(1,900)0.00% 55205Advertising - Clock Message Cen0(1,099)(1,099)(1,100)(994)(1,000)-9.09% Advertising(17,067)(14,751)(15,317)(14,000)(15,467)(12,900)-7.86% 55301General Admission - Skating(9,165)(6,163)(6,241)(6,500)(6,587)(6,000)-7.69% 55302General Admission - Figure Skat(4,934)(5,925)(5,155)(6,000)(2,867)(5,000)-16.67% 55304General Admission - Shuffleboar(4,980)(4,679)(4,051)(5,000)(3,981)(4,500)-10.00% 55305General Admission - Adult Shiny(5,630)(6,206)(8,467)(7,000)(8,396)(7,000)0.00% 55306General Admission - Pickleball(2,710)(6,365)(5,251)(6,000)(5,253)(5,500)-8.33% General Admission(27,418)(29,339)(29,165)(30,500)(27,083)(28,000)-8.20% 55307User Group(1,903)(1,551)(3,294)(2,500)(1,829)(2,500)0.00% 55401Program Fee - Birthday/Team/Rec(165)000000.00% 55402Program Fee - March Day Break C(1,036)(1,652)(1,672)(1,700)(929)(1,700)0.00% 55403Program Fee - Birthday/Team/Rec(1,559)0(345)0(2,756)(2,000)0.00% 55405Program Revenues(10,209)(11,076)(8,199)(12,000)(3,998)(12,000)0.00% Program Revenues(14,872)(14,279)(13,510)(16,200)(9,511)(18,200)12.35% 55601Miscellaneous Revenues(26,411)(4,437)(7,747)(5,000)(8,672)(5,000)0.00% 55671SOCAN Revenue(102)000000.00% Other Revenue(26,513)(4,437)(7,747)(5,000)(8,672)(5,000)0.00% -------------------------------------------------------------------------------------------------------------------------------------------- Total User Fees & Charges(607,068)(592,736)(599,732)(610,200)(576,682)(609,800)-0.07% Licences, Permits & Rents 56371Lease - Concession(2,192)(3,565)(4,058)(4,000)(2,332)(5,500)37.50% 56372Lease - Pro Shop(1,956)(1,628)(1,875)(1,700)(1,875)(2,118)24.59% 56373Lease - Dressing Room(2,610)(4,656)(1,858)(4,900)(1,858)(2,300)-53.06% 56374Lease - Vending Machines(4,134)(3,726)(3,409)(3,800)(3,631)(3,800)0.00% Rental & Leases(10,892)(13,574)(11,200)(14,400)(9,695)(13,718)-4.74% -------------------------------------------------------------------------------------------------------------------------------------------- Total Lic,Permits & Rents(10,892)(13,574)(11,200)(14,400)(9,695)(13,718)-4.74% Fines & Penalties 57220Finance Charges(2,042)(312)(16)(400)0(400)0.00% -------------------------------------------------------------------------------------------------------------------------------------------- Total Fines & Penalties(2,042)(312)(16)(400)0(400)0.00% Other Revenues 58210Investment Income - Our Funds(281)000(1,685)00.00% Interest(281)000(1,685)00.00% 58310Donations(5,645)(300)00(1,345)00.00% Donations(5,645)(300)00(1,345)00.00% -------------------------------------------------------------------------------------------------------------------------------------------- Total Other Revenues(5,926)(300)00(3,030)00.00% TOTAL GENERAL FUND REVENUES(712,567)(670,271)(665,904)(685,840)(687,245)(684,758)-0.16% NET GENERAL FUND (REVENUE)/EXPENDITURE500,673435,513392,913532,764484,840539,2461.22% Asset Description2020202120222023202420252026202720282029 Capitol Expenditures By Year. Computer server +6/7 yrs$13,000.00$13,000.00 Ice Resurfacer +10 yrs$105,000.00 Generator (25) Imperial Hall floor replacement Skate tile+25 yrs$50,000.00$60,000.00$35,000.00 boilers -3 units$45,000.00 Hvac-6 units+20 yrs$90,000.00 Hvac-5 units+20 yrs$80,000.00 Aaon Unit$148,301.20 water heaters 4 units$32,000.00 PL-paving$52,500.00$595,500.00 Walk in coolers-$10,000.00 pass-through dishwasher $8,000 doors/windows$15,000.00 scoreboard 1 unit$11,000.00 web-site update$10,000.00$3,000.00$3,000.00 booking software$25,000.00 low e ceiling infared heaters -4$36,000.00 infared heaters -4$36,000.00 refrigeration plant software$50,000.00 Compressors C-1maintained not replaced C-2replacement$55,000.00 C-3 replcement$55,000.00 Chiller/condensor$75,000.00 heat exchange pump$100,00.00 Dessicant unit$150,000.00 C-1 2019 +15 yrs C-2 +15 yrs Computer$30,000.00 C-3 +15 yrs Computer$30,000.00 CNG refueling station$12,000.00 scissor lift +20 yrs$40,000.00 Blue line flooring $10,000.00 fire panel audio/visual$25,000.00 roofing membrane$68,500.00$68,500.00 power factor correction$50,000.00 vestibule & lobby flooring$160,000.00 ancillary flooring admin,etc$10,000.00 $60,000.00$165,000.00$204,500.00$633,500.00$208,301.20$210,000.00$266,000.00$242,000.00$176,500.00$181,500.00 Estimated Annual (Surcharge)-$25,000.00-$25,000.00-$25,000.00-$25,000.00-$25,000.00-$25,000.00-$25,000.00-$25,000.00-$25,000.00-$25,000.00 $35,000.00$140,000.00$179,500.00$608,500.00$183,301.20$185,000.00$241,000.00$217,000.00$151,500.00$156,500.00 Available from Current Trust-$48,000.00-$13,000.00 Offset from grant if successful-$465,828.00 Amount Required from Parnters-$13,000.00$127,000.00$142,672.00 LONG POINT REGION CONSERVATION AUTHORITY Financial Statements December 31, 2019 LONG POINT REGION CONSERVATION AUTHORITY INDEX TO THE FINANCIAL STATEMENTS DECEMBER 31, 2019 Page(s) Management Report 1 Independent Auditor’s Report 2 – 3 Statement of Financial Position 4 Statement of Operations and Change in Accumulated Surplus 5 Statement of Changes in Net Financial Assets 6 Statement of Cash Flows 7 Notes to the Financial Statements 8 – 15 Schedule 1 – Schedule of Deferred Revenue 16 Schedule 2 – Schedule of Tangible Capital Assets 17 Schedule 3 – Schedule of Internally Restricted Reserves 18 Schedule 4 – Schedule of Externally Restricted Reserves 19 Schedule 5 – Schedule of Segmented Reporting 20 - 21 LONG POINT REGION CONSERVATION AUTHORITY MANAGEMENT REPORT Management’s Responsibility for the Financial Statements The accompanying financial statements are the responsibility of the management of Long Point Region Conservation Authority and have been prepared by management in accordance with Canadian public sector accounting standards. Management is also responsible for the notes to the financial statements, schedules and the integrity and objectivity of these financial statements. The preparation of financial statements involves the use of estimates based on management’s judgment to which management has determined such amounts on a reasonable basis in order to ensure that the financial statements and any other supplementary information presented are consistent with that in the financial statements. The Authority is also responsible to maintain a system of internal accounting and administrative controls that are designed to provide reasonable assurance that the financial information is relevant, reliable, available on a timely basis, and accurate, and that the transactions are properly authorized and that the Authority’s assets are properly accounted for and adequately safeguarded. The Board of Directors are responsible for ensuring that management fulfills its responsibilities for financial reporting and internal control. The Board reviews internal financial statements on a quarterly basis with management, as well as with the external auditors to satisfy itself that each party is properly discharging its responsibilities with respect to internal controls and financial reporting. The external auditors MNP LLP have full and free access to financial information and the Board of Directors prior to the approval of the financial statements. The financial statements have been examined by MNP LLP, the external auditors of the Authority. The responsibility of the external auditors is to conduct an independent examination in accordance with Canadian generally accepted auditing standards, and to express their opinion on whether the financial statements are fairly presented in all material respects in accordance with Canadian public sector accounting standards. _______________________________ Michael Columbus Chairman of the Board _______________________________ Judy Maxwell, CPA, CGA General Manager, Secretary/Treasurer Tillsonburg, Canada February 28, 2020 Page 1 Tothe Board of Directors of Long Point RegionConservationAuthority: Opinion We haveaudited thefinancial statementsof Long Point RegionConservation Authority (the “Authority”),which comprise the statement of financial position as at December 31,2019, and the statementof operations andchange in accumulatedsurplus, statement of changes innet assets, and statement of cash flowsfor the year thenended, and notesto the financial statements, including a summary of significant accountingpolicies. In our opinion, theaccompanying financial statementspresent fairly,inall material respects, the financial position of the AuthorityasatDecember 31, 2019, and the results of its operationsand its cash flowsfor the year then ended in accordance with Canadian public sector accountingstandards. Basis for Opinion We conducted our audit in accordance with Canadian generally acceptedauditing standards.Our responsibilities under thosestandards are further described in the Auditor’sResponsibilitiesfor theAudit of theFinancial Statements section of our report.We are independent of the Authority in accordance with the ethical requirements that are relevant to our audit of the financial statements inCanada, andwehavefulfilledour other ethical responsibilitiesin accordance with theserequirements.We believe that the audit evidence wehaveobtained is sufficient andappropriateto provide a basisfor our opinion. Other Matter The financial statementsfor theyear ended December 31, 2018 were audited by KPMGLLP of Waterloo,ON, Canada. KPMGLLP expressed anunmodified opinion on thosefinancial statements on February22, 2019. Responsibilities of Management andThose Charged withGovernance for theFinancial Statements Management isresponsible for the preparation andfair presentationof the financial statementsin accordance with Canadian publicsector accounting standards, and for such internal control asmanagement determinesis necessary to enable the preparation of financial statements that arefree from material misstatement, whether due tofraudor error. In preparing the financial statements, managementis responsiblefor assessingthe Authority’s ability to continue as a going concern, disclosing,asapplicable, matters related togoing concern and using the goingconcern basisof accounting unless management either intends to liquidatethe Authority or to cease operations, or hasno realistic alternativebut to do so. Those chargedwith governance areresponsible for overseeing the Authority’s financial reporting process. Auditor'sResponsibilities for the Audit of the Financial Statements Our objectives are to obtainreasonable assuranceabout whether the financial statementsas a whole arefree from material misstatement, whether due to fraudor error, andto issuean auditor'sreport that includes our opinion. Reasonableassurance is a high level of assurance, but isnot a guaranteethat anaudit conducted in accordancewith Canadian generally accepted auditing standards will alwaysdetect a material misstatementwhen it exists. Misstatements can arise fromfraud or error andareconsidered material if, individually or in the aggregate, they could reasonably be expected to influencethe economicdecisions of userstaken on the basisof these financial statements. As part ofanauditinaccordance with Canadian generally accepted auditing standards, weexercise professional judgment and maintain professional skepticism throughoutthe audit. We also: Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is Page 2 sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Authority’s internal control. Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Authority’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor's report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor's report. However, future events or conditions may cause the Authority to cease to continue as a going concern. Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We communicatewith those charged with governance regarding, among other matters,theplanned scope and timing of theauditand significant audit findings,including any significant deficienciesin internal control thatweidentify during our audit. London, Ontario Chartered Professional Accountants February 28, 2020 Licensed Public Accountants Page 3 LONG POINT REGION CONSERVATION AUTHORITY STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 31, 2019 20192018 Financial Assets Cash (note 3) $ 326,464 $ 409,477 Investments (note 4) 8,156,930 8,436,725 Accounts receivable 729,440 218,416 Accrued receivable 213,347 73,836 Other receivables 95,788 68,996 9,521,969 9,207,450 Financial Liabilities Accounts payable and accrued liabilities 278,807 270,065 Deferred revenue (schedule 1) 583,240 881,114 Long-term liabilities 13,292 21,150 875,339 1,172,329 Net financial assets 8,646,630 8,035,121 Non-Financial Assets Tangible capital assets (schedule 2) 7,133,523 6,633,236 Net assets15,780,15314,668,357 Accumulated Surplus Accumulated surplus - internally restricted (schedule 3) 3,430,159 2,975,635 Accumulated surplus - externally restricted (schedule 4) 5,216,471 5,059,486 Accumulated surplus - tangible capital assets 7,133,523 6,633,236 Commitment (note 6) Contingent liabilities (note 9) Total accumulated surplus$ 15,780,153$ 14,668,357 On behalf of the Board of Directors: ________________________ Michael Columbus Chair, Board of Directors ________________________ Dave Beres Chair, Audit and Finance Committee The accompanying notes and schedules are an integral part of these financial statements Page 4 LONG POINT REGION CONSERVATION AUTHORITY STATEMENT OF OPERATIONS AND CHANGE IN ACCUMULATED SURPLUS FOR THE YEAR ENDED DECEMBER 31, 2019 BudgetActualActual 201920192018 (note5) Revenues Municipal levies: General$1,607,452 $1,607,452 $1,553,674 Special435,750435,750368,550 Government grants: Provincial68,24035,22968,240 Corporate services101,986430,808321,103 Communications6,50014,89322,459 Planning and watershed services 206,491768,965429,221 Forestry services422,926427,439461,019 Backus Heritage conservation area 475,447495,609495,670 Conservation parks1,022,099935,089972,406 Donations--460,000 Maintenance operations services271,859165,498164,986 Gain on disposal of tangible capital assets(note 8)-643,574518,067 Total Revenues4,618,7505,960,3065,835,395 Expenditures Corporate services 1,086,1071,302,8301,111,071 Communications 113,33275,73759,859 Planning and watershed services 705,9841,195,483830,650 Forestry services 356,988395,589307,575 Backus Heritage conservation area 628,155606,313614,916 Conservation parks 773,975728,079688,464 Maintenance operations services 518,459544,479551,020 Total expenditures4,183,0004,848,5104,163,555 Annual Surplus$435,750 $1,111,796 $1,671,840 Accumulated surplus, beginning of the year14,668,357 14,668,35712,996,517 Accumulated surplus, end of the year$15,104,107 $15,780,153 $14,668,357 The accompanying notes and schedules are an integral part of these financial statements Page 5 LONG POINT REGION CONSERVATION AUTHORITY STATEMENT OF CHANGES IN NET FINANCIAL ASSETS FOR THE YEAR ENDED DECEMBER 31, 2019 BudgetActualActual 201920192018 Annual Surplus$435,750 $1,111,796 $1,671,840 Acquisition of tangible capital assets(878,350)(705,083)(785,193) Gainon disposal of tangible capital assets-(643,574)(518,067) Proceeds on disposal of tangible capital assets-662,698 991,477 Amortization of tangible capital assets-185,672 126,418 Change in net financial assets(442,600)611,509 1,486,475 Net financial assets, beginning of year8,035,121 8,035,121 6,548,646 Net financial assets, end of year$7,592,521 $8,646,630 $8,035,121 The accompanying notes and schedules are an integral part of these financial statements Page 6 LONG POINT REGION CONSERVATION AUTHORITY STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2019 20192018 Cash Flows from Operating Activities Operating activities: Annual Surplus $1,111,796 $1,671,840 Items not affecting cash: Amortization of tangible capital assets185,672 126,418 Gainon disposal of tangible capital assets(643,574)(518,067) Land donation-(460,000) 653,894 820,191 Change in non-cash working capital: Accounts receivable(511,024)138,568 Accrued receivable(139,511)(61,056) Other receivables(26,792)(21,905) Accounts payable and accrued liabilities 8,74243,409 Long term liabilities (7,858) 21,150 Deferred revenue (297,874)(63,879) (320,423)876,478 Investing activities: Acquisition of tangible capital assets (705,083)(325,193) Change in investments 279,795 (1,422,318) Proceeds on disposal of tangible capital assets662,698 991,477 237,410 (756,034) Change in cash(83,013)120,444 Cash, beginning of year409,477 289,033 Cash, end of year$326,464 $409,477 The accompanying notes and schedules are an integral part of these financial statements Page 7 LONG POINT REGION CONSERVATION AUTHORITY NOTES TO THE FINANCAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2019 1. Purpose of the Organization Long Point Region Conservation Authority (the “Authority”) is a special purpose environmental body established under the Conservation Authorities Act of Ontario and works with member municipalities, other stakeholders, and undertakes programing to protect, restore and manage the natural resources and features in the Long Point Region Watershed. 2. Significant Accounting Policies The financial statements of Long Point Region Conservation Authority are the representation of management, prepared in accordance with Canadian public sector accounting standards as recommended by the Public Sector Accounting Board (PSAB) of the Chartered Professional Accountants of Canada. The policies that are considered to be particularly significant are as follows: \[a\] Revenue Recognition The Authority follows the deferral method of accounting for contributions and government transfers. Restricted contributions and government transfers are deferred and are recognized as revenues in the year in which the related expenses are incurred or services performed. Unrestricted contributions and government transfers are recognized as revenues in the period in which events giving rise to the revenue occur, provided that the transactions are authorized, any eligibility criteria have been met, and a reasonable estimate can be made of the amount to be received. General grants and levies are recognized in the period they pertain to. Corporate services, Planning and watershed services, Forestry services, Conservation parks and Maintenance operations services are recognized as the related expenses are incurred and the services are provided. Interest and investment income is recognized on the accrual basis as it is earned. \[b\] Accrual Accounting Revenues and expenditures are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. Page 8 LONG POINT REGION CONSERVATION AUTHORITY NOTES TO THE FINANCAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2019 2. Significant Accounting Policies (continued from previous page) \[c\] Internal Transactions All inter-departmental revenues and expenditures have been eliminated for these financial statements. \[d\] Investments All of the investments are carried at amortized cost using the effective interest rate method. The Board of Directors has the intention to hold investments until maturity. \[e\] Reserve Fund Balances Internally restricted reserves are those with restrictions imposed by the Board of Directors in order to ensure funds are available for financial relief in the event of a significant loss of revenues or other financial emergency for which there is no other source of funding available. Internally restricted funds are as follows: (i) The Education Centre Maintenance Fund for the maintenance of the Backus Conservation Education Centre. (ii) The OPG Forest Corridor Fund for the long-term monitoring of forest areas. (iii) The Memorial Woodlot fund for the donations to the Memorial Woodlot Fund and cost to Memorial Woodlot Fund at Backus. (iv) The Lee Brown Waterfowl M.A. Capital Replacement Fund for the capital replacements of Lee Brown Waterfowl M.A. (v) The Capital Levy fund for capital additions, replacements or improvements within the authority. (vi) The Dam Fund is for maintenance and capital upgrades to LPRCA owned flood control structures (vii) The Administration Office Fund is for the future acquisition of office space that meets the organization’s needs. (viii) The Strategic Investments in Operation/Capital Fund is for investment in operations and capital alignment with the organization’s strategic plan. Externally restricted reserves are those with restriction imposed by individuals external to the Board of Directors. Externally restricted funds are as follows: (i) Revenues and expenditures related to the Backus Heritage Village are recorded in the Backus Heritage Village Trust Fund. (ii) Revenues and expenditures related to the Leighton and Betty Brown scholarships are recorded in the Leighton and Betty Brown Scholarship Fund. (iii) Disposition of Lands Reserve shall use the funds for dam duties and repairs, flood hazard mapping and flood forecasting tools. Page 9 LONG POINT REGION CONSERVATION AUTHORITY NOTES TO THE FINANCAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2019 2. Significant Accounting Policies (continued from previous page) \[f\] Tangible Capital Assets Tangible capital assets are recorded at cost which includes amounts that directly attributable to acquisition, construction, development or betterment of the asset. The cost, less residual values, of the tangible capital asset, excluding land and landfill sites, are amortized on a straight-line basis over their estimated useful lives as follows: AssetUseful Life -Years Buildings and building improvements 20 - 50 years Land improvements 20 years Equipment 20 years Computers 5 years Vehicles 10 years Infrastructure 20 - 50 years Amortization is charged in the year of acquisition and in the year of disposal. Assets under construction are not amortized until the asset is available for productive use. Contributed tangible capital assets are recorded into revenues at their fair market values on the date of a donation. \[g\] Donations Unrestricted donations are recorded as revenue in the year they are received. Externally restricted donations are deferred and recognized as revenue in the year in which the related expenses are recognized. Donated materials and services are recorded as revenue and expenditure when the fair market value of the materials and services donated is verifiable, only to the extent the Authority has issued a charitable donation receipt for those materials and services. \[h\] Use of Estimates The preparation of the financial statements of the Authority, in conformity with Canadian public sector accounting standards, requires management to make estimates that affect the reported amount of assets and liabilities and the disclosure of contingent liabilities, at the date of the financial statements and the reported amounts of revenues and expenses during the period. Actual results may differ from these estimates. Page 10 LONG POINT REGION CONSERVATION AUTHORITY NOTES TO THE FINANCAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2019 2. Significant Accounting Policies (continued from previous page) \[i\] Contaminated Sites Contaminated sites are the result of contamination being introduced in air, soil, water or sediment of a chemical, organic, or radioactive material or living organism that exceed an environmental standard. A liability for remediation of contaminated sites is recognized, net of any expected recoveries, when all of the following criteria are met: (i) an environmental standard exists; (ii) contamination exceeds the environmental standard; (iii) LPRCA is directly responsible or accepts responsibility for the liability; (iv) future economic benefits will be given up; and (v) a reasonable estimate of the liability can be made. \[j\] Deferred Revenue The Authority receives contributions principally from public sector bodies pursuant to legislation, regulations or agreements that may only be used for certain programs or in the completion of specific work. These amounts are recognized as revenue in the fiscal year the related expenditures are incurred or service is performed. \[k\] Financial instruments (i) Measurement of financial instruments The Authority initially measures it financial assets and financial liabilities at fair value adjusted by, in the case of a financial instrument that will not be measured subsequently at fair value, the amount of transaction costs directly attributable to the instrument. The Authority subsequently measures its financial assets and financial liabilities at amortized cost. Financial assets measured at amortized cost include cash, accounts receivable and accrued receivables. Financial liabilities measured at amortized cost include accounts payable and accrued liabilities and long term liabilities. Page 11 LONG POINT REGION CONSERVATION AUTHORITY NOTES TO THE FINANCAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2019 2. Significant Accounting Policies (continued from previous page) (ii) Impairment Financial assets measured at amortized cost are tested for impairment when there are indicators of possible impairment. When a significant adverse change has occurred during the period in the expected timing or amount of future cash flows from the financial asset or group of assets, a write-down is recognized in the Statement of Operations and Changes in Accumulated Surplus. The write-down reflects the difference between the carrying amount and the higher of: a) the present value of the cash flows expected to be generated by the asset or group of assets; b) the amount that could be realized by selling the assets or group of assets; c) the net realizable value of any collateral held to secure repayment of the assets of group of assets. When the event occurring after the impairment confirms that a reversal is necessary, the reversal is recognized in the Statement of Operations and Accumulated Surplus up to the amount of the previously recognized impairment. 3. Cash Cash consists of cash on hand and all bank account deposits. The cash balance is comprised of the following: 20192018 General $312,387 $401,275 Externally restricted: Backus Heritage Village 9,9127,750 Leighton and Betty Brown Scholarship 4,165452 $326,464 $409,477 Page 12 LONG POINT REGION CONSERVATION AUTHORITY NOTES TO THE FINANCAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2019 4. Investments The Authority holds short-term guaranteed investment certificates, money market funds and cash within their investments. The investment balance is comprised of: 20192018 Government and corporate bonds, maturing at various dates between 2020 and 2031, yields varying between 1.669% and 4.859% $3,580,000$3,535,000 Guaranteed investment certificates maturing at various dates in 2,479,6622,778,782 2020, yields varying between 1.65% and 2.5% Principal protected notes - fixed income note, yields varying 2,000,0002,000,000 between 0% and 7.5% Money market funds, no specified maturity or yield9,1679,199 Cash44,60789,224 8,113,4358,412,205 Plus: accrued interest15,06412,885 Plus: unamortized purchase premium28,43011,635 43,49424,520 $8,156,930$8,436,725 5. Budget Figures The budget data presented in theses financial statements are based upon the 2019 operating and capital budgets approved by the Board of Directors on January 9, 2019. 6. Commitment The Authority rents a premise under a long-term operating lease that expires October 2023, with three optional renewal periods. The operating lease payments are as follows: 2020$104,475 2021106,562 2022108,694 202387,406 $407,137 Page 13 LONG POINT REGION CONSERVATION AUTHORITY NOTES TO THE FINANCAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2019 7. Investment Income Included in corporate services revenue is interest income on investments of $79,368 (2018 - $37,190). 8. Disposition of Lands The Authority disposed of a property under a lease to own agreement with a gain on the sale of the property of $653,251. The agreement was approved by the Ministry of Natural Resources and Forestry. Proceeds will be received for the property over 7 fiscal periods and the Authority shall use the proceeds for specific purposes. As at December 31, 2019 the Authority has an externally restricted reserve (Lands disposition reserve) balance of $150,000 for the funds received in 2019. 9. Contingent Liabilities From time to time, the Authority is subject to claims and other lawsuits that arise in the course of ordinary business, in which damages have been sought. These matters may give rise to future liabilities. The outcome of these actions is not determinable, and accordingly, no provision has been made in these financial statements for any liability that may result. Any losses arising from these actions will be recorded in the year in which the related litigation is settled. 10. Pension Agreements The Authority makes contributions to the Ontario Municipal Employees Retirement System (“OMERS”) plan, which is a multi-employer plan, on behalf of full-time and qualifying part-time employees. The plan is a defined benefit pension plan, which specifies the amount of the retirement benefit to be received by employees based on the length of service, pension formula and employee earnings. Employees and employers contribute equally to the plan. In 2019, the Authority’s contribution to OMERS was $126,282 (2018 – $110,727). The latest available report for the OMERS plan was December 31, 2018. At that time the plan reported a $4.2 billion actuarial deficit (2017 - $5.4 billion deficit), based on actuarial liabilities of $99.1 billion (2017 - $93.6 billion) and actuarial assets of $94.9 billion (2017 - $88.2 billion). Ongoing adequacy of the current contribution rates will need to be monitored and may lead to increased future funding requirements. As OMERS is a multi-employer pension plan, any pension plan surpluses or deficits are a joint responsibility of all eligible organizations and their employees. As a result, LPRCA does not recognize any share of the OMERS pension actuarial surplus or deficit. Page 14 LONG POINT REGION CONSERVATION AUTHORITY NOTES TO THE FINANCAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2019 11. Comparative Figures The financial statements have been reclassified, where applicable, to conform to the presentation used in the current year. The changes do not affect prior year earnings. Included in the reclassification are inter-departmental revenues and expenditures in the amount of $100,680 (2018 - $98,920) relating to motor pool have been eliminated to conform to current periods financial statement presentation. The effect on accumulated surplus is nil. Page 15 LONG POINT REGION CONSERVATION AUTHORITY SCHEDULE 1 –SCHEDULE OF DEFERRED REVENUE FOR THE YEAR ENDED DECEMBER 31, 2019 20192018 $881,114 $944,993 Balance, beginning of year 370,535 114,985 Externally restricted contributions 19,325 (82,384) Interest earned, restricted (687,734)(96,480) Contributions used in operations Balance, end of year$583,240 $881,114 Page 16 LONG POINT REGION CONSERVATION AUTHORITY SCHEDULE 2 –SCHEDULE OF TANGIBLE CAPITAL ASSETS FOR THE YEAR ENDED DECEMBER 31, 2019 For the year ended December 31, 2019 CostAccumulated Amortization 2019 Accumulated Net Carrying Balance Amortization Accumulated Amount Opening End Beginning Amortization EndEnd BalanceAdditionsDisposalsof Yearof YearReversalsAmortizationof Yearof Year Land$ 4,281,194$ -$ 5,000$ 4,276,193$ -$ -$ -$ -$ 4,276,193 Land improvements19,73355,314-75,0474,094-8594,95470,094 Buildings 2,085,838 96,756 - 2,182,594 1,026,090 - 43,719 1,069,808 1,112,787 Machinery and equipment 410,992 64,028 21,836 453,183 187,826 10,251 19,935 197,510 255,673 Furniture and fixtures 3,765 3,846 - 7,611 188 - 377 565 7,047 Computers 227,702 8,347 - 236,048 206,291 - 9,128 215,419 20,629 Motor vehicles 458,641 70,765 21,447 507,959 245,62318,908 43,006 269,721 238,238 Infrastructure1,300,271406,027-1,706,300484,790-68,648553,4371,152,862 Total$ 8,788,136$ 705,083$ 48,283$ 9,444,935$ 2,154,902$ 29,160$ 185,672$ 2,311,413$ 7,133,523 For the year ended December 31, 2018 CostAccumulated Amortization 2018 Accumulated Net Carrying Balance Amortization Accumulated Amount Opening End Beginning Amortization EndEnd BalanceAdditionsDisposalsof Yearof YearReversalsAmortizationof Yearof Year Land$ 3,818,065$ 463,129$ -$ 4,281,194$ -$ -$ -$ -$ 4,281,194 Land improvements 12,939 6,794 - 19,733 3,235 - 859 4,094 15,639 Buildings 2,646,241 9,164 569,567 2,085,838 1,075,602 98,766 49,254 1,026,090 1,059,748 Machinery and equipment 368,866 42,126 - 410,992 171,883 - 15,943 187,826 223,166 Furniture and fixtures - 3,765 - 3,765 - - 188 188 3,577 Computers224138 3,564 - 227,702 198,186 - 8,105 206,291 21,411 Motor vehicles 454,770 38,750 34,879 458,641 242,18832,270 35,705 245,623 213,018 Infrastructure1,082,370217,901-1,300,271468,426-16,364484,789815,483 Total$ 8,607,389$ 785,193$ 604,446$ 8,788,136$ 2,159,520$ 131,036$ 126,418$ 2,154,901$ 6,633,236 Page 17 LONG POINT REGION CONSERVATION AUTHORITY SCHEDULE 3 –SCHEDULE OF INTERNALLY RESTICTED RESERVES FOR THE YEAR ENDED DECEMBER 31, 2019 Balance, beginning of Transfer from Transfer to Balance, yearoperations operationsend of year Education Centre $ 100,000 $ - $ 49,120 $ 50,880 OPG Forest Corridor 45,328- - 45,328 Memorial Woodlot 11,5442,144 - 13,688 Lee Brown Waterfowl Capital 7,6187,057 - 14,676 Dam Reserve 50,000- - 50,000 Administration Office 569,567- - 569,567 Strategic Investments in operations/capital 421,385- 165,740 255,645 Capital Levy 539,237435,750 613,433 361,554 Unrestricted Reserve 1,230,9561,027,147 189,285 2,068,820 $ 2,975,635$ 1,472,098$ 1,017,577 $3,430,159 Page 18 LONG POINT REGION CONSERVATION AUTHORITY SCHEDULE 4 –SCHEDULE OF EXTERNALLY RESTICTED RESERVES FOR THE YEAR ENDED DECEMBER 31, 2019 Balance, Excess Transfer to beginning of revenue over internally Balance, end of yearexpendituresrestrictedyear Backus Heritage Village $ 67,307 $ 2,667 $ - $ 69,974 Leighton & Betty Brown Scholarship 119,6795,3181,000 123,997 Backus Woods 4,872,500-- 4,872,500 Disposition of Lands Reserve -150,000- 150,000 $ 5,059,486 $ 157,985 $ 1,000 $ 5,216,471 Page 19 LONG POINT REGION CONSERVATION AUTHORITY SCHEDULE 5 –SCHEDULE OF SEGMENTED REPORTING FOR THE YEAR ENDED DECEMBER 31, 2019 2019 Schedule of Segmented Reporting Backus Planning 2019 Heritage Maintenance and Corporate watershed Forestry conservation Conservation operations services Communicationsservices servicesarea parks services Total Revenue: Levies $655,258 $106,832 $683,316 -$152,708 -$445,088 $2,043,202 Grants --35,229-- --35,229 Fees 430,80814,893768,965-495,609 935,089165,4982,810,862 Forestry ---427,439- --427,439 Donations ----- --- Gain on disposal of tangible capital assets 643,574---- --643,574 Total revenue1,729,640121,7251,487,510427,439648,317 935,089610,5865,960,306 Expenditures: Compensation 636,87755,697637,266172,428457,498 439,226341,9762,740,968 Administration 184,1955,3834,95678051,268 47,17911,185304,946 Professional/ contracted services 131,5046,795503,201132,43019,953 105,1767,487906,546 Amortization 6,852-30,117-36,850 49,64362,209185,671 Repairs and _maintenance 110,065-6,5838511,225 27,81532,770188,543 Motor pool 1,859---428 1,24260,35863,887 Other 231,4787,86213,36089,86629,091 57,79828,494457,949 Total expenditures1,302,83075,7371,195,483 395,589606,313 728,079544,4794,848,510 Surplus$426,810$45,988$292,027$31,850$42,004$207,010$66,107$1,111,796 Page 20 LONG POINT REGION CONSERVATION AUTHORITY SCHEDULE 5 –SCHEDULE OF SEGMENTED REPORTING (continued) FOR THE YEAR ENDED DECEMBER 31, 2019 2018 Schedule of Segmented Reporting Planning Backus 2018 Heritage Maintenance and conservation Conservation operations Corporate watershed Forestry services Communications services services area parks services Total Revenue: Levies $564,757 $142,132 $460,072 - $171,247 -$584,016 $1,922,224 Grants --68,240- ---68,240 Fees 321,10322,459429,221- 495,670972,406164,9862,405,845 Forestry ---461,019 ---461,019 Donations 460,000--- ---460,000 Gain on disposal of tangible capital assets 518,067--- ---518,067 Total revenue1,863,927164,591957,533461,019 666,917972,406749,0025,835,395 Expenditures: Compensation 503,79433,407618,848173,244 452,024453,638303,0052,537,960 Administration 185,1157,9555,13156,944 53,03950,33012,036370,550 Professional/contracted services 139,91110,515168,22671,752 31,29990,82229,827542,352 Amortization 14,992-9,717- 33,88914,45853,361126,417 Repairs and maintenance 29,85889-- 7,18310,22044,64191,991 Motor pool 1,424--- -30069,94271,666 Other 235,9777,89328,7285,635 37,48268,69638,208422,619 Total expenditures1,111,07159,859830,650307,575 614,916688,464551,0204,163,555 Surplus$752,856 $104,732 $126,883 $153,444 $52,001 $283,942 $197,982 $1,671,840 Page 21 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-18 Being a By-law toauthorize the execution of an Ontario Transfer Payment Agreement with Her Majesty the Queen in Right of Ontario,as represented by the Minister of Municipal Affairs and Housing,for the Service and Organizational Delivery ReviewProject. WHEREASSection 5(3) of the Municipal Act, 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREASthe Council of The Corporation of the Township of Malahide wishes to enter into aTransfer Payment Agreement with Her Majesty the Queen,in Right of Ontario,as represented by the Minister of Municipal Affairs and Housing,for the Service and Organizational Delivery Review Project; AND WHEREASa copy of the said Ontario Transfer Payment Agreement betweenHer Majesty the Queen in Right of Ontarioand The Corporation of the Township of Malahide is attached hereto; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the entering into the Ontario Transfer PaymentAgreement with Her Majesty the Queen in Right of Ontario 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 Ontario Transfer Payment Agreement in substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3.THAT the said Ontario Transfer PaymentAgreementshall 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 this19day of March, 2020. th READaTHIRDtime and FINALLY PASSEDthis19day of March, 2020. __________________________ Deputy Mayor,D.Giguère __________________________ Clerk, M. Casavecchia-Somers ONTARIO TRANSFER PAYMENT AGREEMENT The Agreement is effective as of the___day of __________, 20___ B E T W E E N Her Majesty the Queen in right of Ontario asrepresented by theMinister of Municipal Affairs and Housing (the "Province") -and- The Corporation of the Township of Malahide (the"Recipient") CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0ENTIRE AGREEMENT 1.1The agreement, together with: Schedule "A" -General Terms and Conditions Schedule "B" -Project Specific Information and Additional Provisions Schedule "C" -Project Summary Schedule "D" -Budget Schedule "E" -Payment Plan Schedule "F" -Reports any amending agreement entered into as provided for in section 4.1 constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Transfer Payment Agreement 1 2.0CONFLICT OR INCONSISTENCY 2.1Conflict or Inconsistency.In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule "A", the following rules will apply: (a)the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule "A"; and (b)where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule "A", the Additional Provisions will prevail over the provisions in Schedule "A" to the extent of the inconsistency. 3.0COUNTERPARTS 3.1The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0AMENDING THE AGREEMENT 4.1The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0ACKNOWLEDGEMENT 5.1The Recipient acknowledges that: (a)by receiving Funds, it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b)Her Majesty the Queen in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c)the Funds are: (i)to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (ii)funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d)the Province is not responsible for carrying outthe Project; and Transfer Payment Agreement 2 (e)the Province is bound by the Freedom of Information and Protection of Privacy Act(Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing _____________________________________________________ DateName: The Honourable Steve Clark Title: Minister of Municipal Affairs and Housing The Corporation of the Township of Malahide _____________________________________________________ DateName: Title: I have authority to bind the Recipient. ____________________________________________________ DateName: Title: I have authority to bind the Recipient. Transfer Payment Agreement 3 SCHEDULE "A" GENERAL TERMS AND CONDITIONS A1.0INTERPRETATION AND DEFINITIONS A1.1Interpretation.For the purposes of interpretation: (a)words in the singular include the plural and vice-versa; (b)words in one gender include all genders; (c)the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d)any reference to dollars or currency will be in Canadian dollars and currency; and (e)"include", "includes" and "including" denote that the subsequent list is not exhaustive. A1.2Definitions.In the Agreement, the following terms will have the following meanings: "Additional Provisions"means the terms and conditions set out in Schedule "B". "Agreement"means this agreement entered into between the Province and the Recipient, all the schedules listed in section 1.1, and any amending agreement entered pursuant to section 4.1. "Budget"means the budget attached to the Agreement as Schedule "D". "BusinessDay"means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. "Effective Date" meansthe date set out at the top of the Agreement. "Event of Default"has the meaning ascribed to it in section A13.1. "Expiry Date" means the expiry date set out in Schedule "B". "Funding Year"means: (a)in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and Transfer Payment Agreement 4 (b)in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. "Funds"means the money the Province provides to the Recipient pursuant to the Agreement. "Indemnified Parties"means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees, and employees. "Maximum Funds"means the maximum Funds set out in Schedule "B". "Notice"means any communication given or required to be given pursuant to the Agreement. "Notice Period"means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A13.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A13.4. "Parties" meanstheProvince and the Recipient. "Party" means either the Province or the Recipient. "Project"means the undertaking described in Schedule "C". "Reports"means the reports described in Schedule "F". A2.0REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1General.The Recipient represents, warrants, and covenants that: (a)it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b)it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (c)unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2Execution of Agreement.The Recipient represents and warrants that it has: (a)the full power and authority to enter into the Agreement; and Transfer Payment Agreement 5 (b)taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3Governance.The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a)procedures to enable the Recipient to manage Funds prudently and effectively; (b)procedures to enable the Recipient to complete the Project successfully; (c)procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (d)procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (e)procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4Supporting Proof.Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. A3.0TERM OF THE AGREEMENT A3.1Term.The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0, Article A12.0, or Article A13.0. A4.0FUNDS AND CARRYING OUT THE PROJECT A4.1Funds Provided.The Province will: (a)provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b)provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule "E"; and (c)deposit the Funds into an account designated by the Recipient provided that the account: (i)resides at a Canadian financial institution; and (ii)is in the name of the Recipient. Transfer Payment Agreement 6 A4.2Limitation on Payment of Funds.Despite section A4.1: (a)the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient's council has authorized the execution of this Agreement by the Recipient by municipal by-law; (b)the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2; (c)the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; (d)the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province's assessment of the information the Recipient provides to the Province pursuant to section A7.1; or (e)if, pursuant to the Financial Administration Act(Ontario), the Province does notreceive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i)reduce the amount of Funds and, in consultation with the Recipient, change the Project; or (ii)terminate the Agreement pursuant to section A12.1. A4.3Use of Funds and Carry Out the Project.The Recipient will do all the following: (a)carry out the Project in accordance with the Agreement; (b)use the Funds only for the purpose of carrying out the Project; (c)spend the Funds only in accordance with the Budget; (d)not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4Interest Bearing Account.If the Province provides Funds before the Recipient's immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account in the name of the Recipient at a Canadian financial institution. A4.5Interest.If the Recipient earns any interest on the Funds, the Province may: (a)deduct an amount equal to the interest from any further instalments of Funds; Transfer Payment Agreement 7 or (b)demand from the Recipient the payment of an amount equal to the interest. A4.6Rebates, Credits, and Refunds.The Ministry will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (includingtaxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT'S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2Disposal.The Recipient will not, without the Province's prior written consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as provided for in Schedule "B" at the time of purchase. A6.0CONFLICT OF INTEREST A6.1No Conflict of Interest.The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest. A6.2Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of interest includes any circumstances where: (a)the Recipient; or (b)any person who has the capacity to influence the Recipient's decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient's objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. A6.3Disclosure to Province.The Recipient will: (a)disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (b)comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A7.0REPORTS, ACCOUNTING, AND REVIEW A7.1Preparation and Submission.The Recipient will: Transfer Payment Agreement 8 (a)submit to the Province at the address referred to in section A17.1, all Reports in accordance with the timelines and content requirements as provided for in Schedule "F", or in a form as specified by the Province from time to time; (b)submit to the Province at the address referred to in section A17.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c)ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d)ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. A7.2Record Maintenance.The Recipient will keep and maintain: (a)all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b)all non-financial documents and records relating to the Funds or otherwise to the Project. A7.3Inspection.TheProvince,any authorizedrepresentative, or any independent auditor identified by the Province may, at the Province's expense, upon twenty-four hours' Notice to the Recipient and during normal business hours, enter upon the Recipient's premises to review the progress of the Project and the Recipient's allocation and expenditure of the Funds and, for these purposes, the Province, any authorized representative, or any independent auditor identified by the Province may take one or more of the following actions: (a)inspect and copy the records and documents referred to in section A7.2; (b)remove any copies made pursuant to section A7.3(a) from the Recipient's premises; and (c)conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project, or both. A7.4Disclosure.To assist in respect of the rights provided for in section A7.3, the Recipient will disclose any information requested by the Province, any authorized representatives, or any independent auditor identified by the Province, and will do so in the form requested by the Province, any authorized representative, or any independent auditor identified by the Province, as the case may be. A7.5No Control of Records.No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient's records. Transfer Payment Agreement 9 A7.6Auditor General. The Province's rights under Article A7.0 are in addition to anyrightsprovided to the Auditor General pursuant to section 9.1 of the Auditor General Act(Ontario). A8.0COMMUNICATIONS REQUIREMENTS A8.1Acknowledge Support.Unless otherwise directed by the Province, the Recipient will: (a)acknowledge the support of the Province for the Project; and (b)ensure that the acknowledgement referred to in section A8.1(a) is in a form andmanner as directed by the Province. A8.2Publication.The Recipient will indicate, in any of its Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0INDEMNITY A9.1Indemnification.The Recipient will indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages, and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits, or other proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0INSURANCE A10.1Recipient's Insurance.The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount provided for in Schedule "B" per occurrence. The insurance policy will include the following: (a)the Indemnified Partiesas additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b)a cross-liability clause; (c)contractual liability coverage; and Transfer Payment Agreement 10 (d)a 30-day written notice of cancellation. A10.2Proof of Insurance. The Recipient will: (a)provide to the Province, either: (i)certificates of insurance that confirm the insurance coverage as provided for in section A10.1; or (ii)other proof that confirms the insurance coverage as provided for in section A10.1; and (b)upon the request of the Province, provide to the Province a copy of any insurance policy. A11.0TERMINATION ON NOTICE A11.1Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days' Notice to the Recipient. A11.2Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take oneor more of the following actions: (a)cancel further instalments of Funds; (b)demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c)determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i)permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii)subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0TERMINATION WHERE NO APPROPRIATION A12.1Termination Where No Appropriation. If, as provided for in section A4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately without liability, penalty, or costs by giving Notice to the Recipient. A12.2Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section A12.1, the Province may take Transfer Payment Agreement 11 one or more of the following actions: (a)cancel further instalments of Funds; (b)demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c)determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section A12.2(b). A12.3No Additional Funds.If, pursuant to section A12.2(c), the Province determines that the costs to wind down the Project exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. A13.0EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A13.1Events of Default.Each of the following events will constitute an Event of Default: (a)in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i)carry out the Project; (ii)use or spend Funds; or (iii)provide, in accordance with section A7.1, Reports or such other reports as may have been requested pursuant to section A7.1(b); (b)the Recipient's operations, its financial condition, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements ofthe program under which the Province provides the Funds; (c)the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d)the Recipient ceases to operate. A13.2Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: Transfer Payment Agreement 12 (a)initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b)provide the Recipient with an opportunity to remedy the Event of Default; (c)suspend the payment of Funds for such period as the Province determines appropriate; (d)reduce the amount of the Funds; (e)cancel further instalments of Funds; (f)demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g)demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h)demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; and (i)terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A13.3Opportunity to Remedy. If, in accordance with section A13.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a)the particulars of the Event of Default; and (b)the Notice Period. A13.4Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A13.2(b), and: (a)the Recipient does not remedy the Event of Default within the Notice Period; (b)it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A13.2(a), (c), (d), (e), (f), (g), (h), and (i). A13.5When Termination Effective.Termination under Article will take effect as provided for in the Notice. A14.0FUNDS AT THE END OF A FUNDING YEAR Transfer Payment Agreement 13 A14.1Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A13.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a)demand from the Recipient payment of the unspent Funds; and (b)adjust the amount of any further instalments of Funds accordingly. A15.0FUNDS UPON EXPIRY A15.1Funds Upon Expiry.The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession or under its control. A16.0DEBT DUE AND PAYMENT A16.1Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a)deduct an amount equal to the excess Funds from any further instalments of Funds; or (b)demand that the Recipient pay an amount equal to the excess Funds to the Province A16.2Debt Due. If, pursuant to the Agreement: (a)the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b)the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipientwill pay the amount to the Province immediately, unless the Province directs otherwise. A16.3Interest Rate.The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A16.4Payment of Money to Province.The Recipient will pay any money owing to the Province by cheque payable to the "Ontario Minister of Finance" and delivered to the Province as provided for in Schedule "B". A16.5Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act(Ontario), if the Recipient fails to pay any amount owing Transfer Payment Agreement 14 under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A17.0NOTICE A17.1Notice in Writing and Addressed.Notice will be in writing and will be delivered by email, postage-prepaid mail, personal delivery, or fax, and will be addressed to the Province and the Recipient respectively as provided for Schedule "B", or as either Party later designates to the otherby Notice. A17.2Notice Given. Notice will be deemed to have been given: (a)in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b)in the case of email, personal delivery, or fax, one Business Day after the Notice is delivered. A17.3Postal Disruption. Despite section A17.2(a), in the event of a postal disruption: (a)Notice by postage-prepaid mail will not be deemed to be given; and (b)the Party giving Notice will give Notice by email, personal delivery, or fax. A18.0CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A18.1Consent. When the Province provides its consent pursuant to the Agreement it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. A19.0SEVERABILITY OF PROVISIONS A19.1Invalidityor Unenforceability of Any Provision.The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed. A20.0WAIVER A20.1Waiver Request.Either Party may, in accordance with the Notice provision set out in Article A17.0, ask the other Party to waive an obligation under the Agreement. A20.2Waiver Applies.Any waiver a Party grants in response to a request made pursuant to section A20.1 will: (a)be valid only if the Party granting the waiver provides it in writing; and Transfer Payment Agreement 15 (b)apply only to the specific obligation referred to in the waiver. A21.0INDEPENDENT PARTIES A21.1Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is,or take any actions that could establish or imply such a relationship. A22.0ASSIGNMENT OF AGREEMENT OR FUNDS A22.1No Assignment.The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A22.2Agreement Binding.All rights and obligations contained in the Agreement will extend to and be binding on the Parties' respective heirs, executors, administrators, successors, and permitted assigns. A23.0GOVERNING LAW A23.1Governing Law.The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A24.0FURTHER ASSURANCES A24.1Agreement into Effect.The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A25.0JOINT AND SEVERAL LIABILITY A25.1Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A26.0RIGHTS AND REMEDIES CUMULATIVE A26.1Rights and Remedies Cumulative.The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A27.0FAILURE TO COMPLY WITH OTHER AGREEMENTS Transfer Payment Agreement 16 A27.1Other Agreements. If the Recipient: (a)has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a "Failure"); (b)has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c)has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d)such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A28.0SURVIVAL A28.1Survival. The following Articles and sections, and all applicable cross- referenced sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 3.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.2(e), A4.5, section A5.2, section A7.1 (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), sections A7.2, A7.3, A7.4, A7.5, A7.6, Article A8.0, Article A9.0, section A11.2, sections A12.2, A12.3, sections A13.1, A13.2(d), (e), (f), (g) and (h), Article A15.0, Article A16.0, Article A17.0, Article A19.0, section A22.2, Article A23.0, Article A25.0, Article A26.0, Article A27.0 and Article A28.0. -END OF GENERAL TERMS AND CONDITIONS Transfer Payment Agreement 17 SCHEDULE "B" PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds$120,000.00 December 31, 2020 Expiry Date Amount for the purposes of $5,000.00 section A5.2 (Disposal) of $2,000,000.00 Insurance Contact information for the Name: Helen Collins purposes of Notice to the ProvincePosition: Manager, Municipal Programs and Outreach Unit Address: 777 Bay Street,Toronto, Ontario M7A 2J3, th 16Floor Fax:416-585-7292 Email: helen.collins@ontario.ca Contact information for the Name: purposes of Notice to the RecipientPosition: Address: Fax: Email: Contact information for the Name: senior financial person in the Recipient organization Position: (e.g., CFO, CAO) to respond as required to Address: requests from the Province related to the AgreementFax: Email: Additional Provisions: B1Section 4.3 of Schedule "A" is amended by adding the following subsection: (e)use the Funds only for the purpose of reimbursement for the actual amount Transfer Payment Agreement 18 paid to the independent third-party reviewer in accordance with the Project; and, (f)Not use the Funds for the purpose of paying the salaries of the Recipient's employees. Transfer Payment Agreement 19 SCHEDULE "C" PROJECTSUMMARY Objectives The objective of the Project is to conduct a Service and Organizational Delivery Review to identify efficiencies and cost savings. In addition, the Project will include an examination of funding sources and staffing to ensure the Recipient is maximizing available resources. Description The Recipient will retain an independent third-party reviewer to conduct a service delivery and modernization review. The independent third-party reviewer will review service, methods of service delivery (number of parks, community centres and other physical locations, e-commerce on the website, purchase of services, shared procurement, etc.). The review will include: 1.An inventory of services; 2.Community views of the services provided; 3.Cost of services; 4.Determination of service level needs (legislative, strategic directions, community expectations); 5.Identification of alternative service provisions; and 6.Recommendations for efficiencies and cost savings. Independent Third- The Recipient will retain the independent third-party reviewer to compile the findings and recommendations in the Independent Third- The Recipient will submit a draft of the Independent Third- the Provinceby August 31 findings and recommendations for cost savings and improved efficiencies. The Recipient will submit the Independent Third- Province and publish the reporton their publicly accessible website by September 18, 2020. recommendations based on the analysis and findings that aim to identify cost savings and improved efficiencies. Transfer Payment Agreement 20 SCHEDULE "D" BUDGET ITEMAMOUNT Reimbursement for payments to independent third-party reviewerUpto $120,000.00 Transfer Payment Agreement 21 SCHEDULE "E" PAYMENT PLAN MilestoneScheduled Payment Initial payment of $90,000.00madeto Execution of the Agreement Recipient no more than thirty (30) days after the execution of the Agreement Submission of Interim Progress Report to the Province Submission of draft Independent Third- Province Submission of Independent Third- Final payment of up to $30,000.00made to Party Reviewer's Report to the Recipient no more than thirty (30) days after Province the Province's approval of the Final Report Publishing of Independent Third- Party Reviewer's Report on the Recipient's publicly accessible website Submission of Final Report to the Province Transfer Payment Agreement 22 SCHEDULE "F" REPORTS Name of ReportReporting Due Date th 1. Interim Progress Report June 15, 2020 th 2. Final Report September 18, 2020 Report Details 1.Interim Progress Report th The Recipient will submit an Interim Progress Report to the Province by June 15, 2020 using the reporting template provided by the Province. The Interim Progress Report will include: An update to the estimated cost of the Project, and A statement indicating whether the Recipient has retained the independent third- party reviewer. 2.Final Report th The Recipient will submit a Final Report to the Province by September 18, 2020 using the reporting template provided by the Province. The Final Report will include: A hyperlink to the Independent Third-Party Reviewer's Report on the Recipient's publicly accessible website, A 250-word abstract of the Project and its findings, The actual amount paid by the Recipient to the independent third-party reviewer in accordance with the Project with supporting documentation, such as invoices or receipts, showing actual costs incurred, and A statement indicating the percentage of the total amount of service delivery expenditures reviewed that are identified as potential cost savings in the Independent Third-Party Reviewer's Report, which will be the performance measure for the Project. Transfer Payment Agreement 23 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-20 Being a By-law toauthorizethe execution of anAgreement with D & D Commercial Property Maintenance Ltd. for roadside grass cutting for the years 2020-2022. WHEREASSection 5(3) of the Municipal Act, 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREASthe Council of The Corporation of the Township of Malahide is desirous of entering into an Agreement with D & D Commercial Property Maintenance Ltd.for roadside grass cutting for the years 2020-2022; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THATthe entering into of an Agreement with D & D Commercial Property MaintenanceLtd.for roadside grass cutting for the years 2020-2022is hereby approved and authorized. 2.THATthe Deputy Mayorand the Clerkbe and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Agreementin substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3.THATthis By-law shall come into force and take effect on the final passing thereof. th READaFIRSTandSECONDtime this19day of March, 2020. th READaTHIRDtime and FINALLY PASSEDthis19day of March, 2020. __________________________ Deputy Mayor,D. Giguère __________________________ Clerk, M. Casavecchia-Somers THIS AGREEMENTMADEin quadruplicate this______day of_______, 2020. B E T W E EN: D&D COMMERCIAL PROPERTY MAINTENANCE LTD. () -AND- THE CORPORATION OF THE TOWNSHIP OF MALAHIDE WITNESSETH:That the Contractor and the Owner for the consideration hereinafter indicated undertake and agree as follows: ARTICLE 1: The following documents are to be read herewith and form part of this Agreement as fully and completely to all intents and purposes as though all the stipulations thereof had been embodied therein and are referred to her 1. Form of Tender ARTICLE 2: The Contractor undertakes and agrees: a)To provide all services, except as otherwise specified, and perform all work described in the Contract Documents entitled: a.Contract PS-20-03-Roadside Grass Cutting2020-2022and, b)To do and fulfileverything indicated by this Agreement and the Contract Documents, and c)To complete substantially all the work as specified in the Contract Documents. ARTICLE 3: The Owners undertake and agree: a)To pay the Contractor in current funds for the performance of the Contract PS-20-03, Thirty-five Thousand, Seven Hundred, Fifty-Two Dollars($35,752.00)plus applicable taxes, per year of the contract subject to additions and deductions as provided in the Contract Documents. F-1 b)To make payments on account thereof, as follows: Payment will be made subject to the provision of monthly invoices submitted to the Township with appropriate product/service receipt tickets signed by Municipal personnel. Payments will be made within 30 days of receipt of said invoices c) control, there are items of work that cannot be readily completed, the payment in full for the work which has been completed shall not be delayed on account thereof, but the Owner may withhold sufficient and reasonable sum until the uncompleted work is finished. ARTICLE 4: The Contractor and the Owners for themselves, their successors, executors,administrators and assigns, hereby undertake and agree to the full performance of the covenants contained herein and in the Contract Documents, and that this Agreement constitutesthe Contract and the following is an exact enumeration of the Specifications and Drawings: Formof Tender ARTICLE 5: If and whenever either party hereto desires to give notice to the other party under or in connection with this Agreement or the General Conditions of the Contract, such notice will be effectively given if sent by registered mail to the Contractor at ________________________________________________________________________. To the owner at87 John Street South, Aylmer, Ontario N5H 2C3will be considered as having been so given at the time of the deposit thereof in the Post Office. INWITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. SIGNED, SEALED AND DELIVERED)D&D COMMERCIAL PROPERTY In the presence of)MAINTENANCE LTD. ) )_________________________SEAL ) )_________________________ ) ) )THE CORPORATION OF THE )TOWNSHIP OF MALAHIDE ) )_________________________SEAL ) ) )_________________________ F-2 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-21 Being a By-law toauthorizethe execution of anAgreement with McKenzie and HendersonLtd. for the supply and placement of road granulars. WHEREASSection 5(3) of the Municipal Act, 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREASthe Council of The Corporation of the Township of Malahide is desirous of entering into an Agreement with McKenzie and HendersonLtd.for the supply and placement of road granular; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THATthe entering into of an Agreement with McKenzie and HendersonLtd.for the supply and placement of road granulars is hereby approved and authorized. 2.THATthe Deputy Mayorand the Clerkbe and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Agreementin substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3.THATthis By-law shall come into force and take effect on the final passing thereof. th READaFIRSTandSECONDtime this19day of March, 2020. th READaTHIRDtime and FINALLY PASSEDthis19day of March, 2020. __________________________ Deputy Mayor,D. Giguère __________________________ Clerk, M. Casavecchia-Somers TOWNSHIP OF MALAHIDEAGREEMENT THIS AGREEMENT made in quadruplicate this ____th day of ______in the year 2020. B E T W E E N: McKENZIE AND HENDERSON LTD. herein and CORPORATION OF THE TOWNSHIP OF MALAHIDE WITNESSETH: That the Contractor and the Owner for the consideration hereinafter indicated undertake and agree as follows: ARTICLE 1: The following documentsare to be read herewith and form part of this Agreement as fully and completely to all intents and purposes as though all the stipulations thereof had been 1.Form of Tender 2.SpecialProvisions -General 3.O.P.S. General Conditions of Contract 4.O.P.S. Volumes 1, 2 &3 ARTICLE 2: The Contractor undertakes and agrees: a)To provide all materials, except as otherwise specified, and perform all work shown intheContract Documents entitled:TenderPS-20-05,SUPPLY AND PLACE ROAD GRANULARSand, b)T o do and fulfill everything indicated by this Agreement and the Contract Documents, and c)To complete substantially all the work as specified in the Contract Documents and as identified in Article 1. ARTICLE 3: The Owners undertake and agree: a)To pay the Contractor in current funds for the performance of the TenderPS-20-05, Twohundred and Ninety-SixThousand, Sixhundred and Thirty-Onedollars and Twenty-Five Cents($296,631.25)plus applicable taxes, for the supply and placement of Road Granularsas specified in the tender documentsubject to additions and deductions as provided in the tender documents. b)To make payments on account thereof (when the Director is satisfied that payments due to Sub-contractors have been made), as follows: on or before the thirtieth day 1 the value of work at the first day of the month as estimated by the Contractor, and approved by the Owner, less the amount of previous payments less any amount required statutory holdback. Final payment upon completion of the work shall be made in compliance with the Contract Documents. c)If on control, there are items of work that cannot be readily completed, the payment in full for the work which has been completed shall not be delayed on account thereof, but the Owner may withhold sufficient and reasonable sum until the uncompleted work is finished. ARTICLE 4: The Contractor and the Owners for themselves, their successors, executors, administrators and assigns, hereby undertake and agree to the full performance of the covenants contained herein and in the Contract Documents, and that this Agreement with the Contract Documents constitute the Contract and the following is an exact enumeration of the Specifications and Drawings: a)Special Provisions General b)Specifications c)Form of Tender d)OPS General Conditions ARTICLE 5: If and whenever either party hereto desires to give notice to the other party under or in connection with this Agreement or the General Conditions of the Contract, such notice will be effectively given if sent by registered mailto the Contractor at5996 Townsend Line, Forest, ON N0N1J0andto the Owner at 87 John St. S Aylmer, Ontario N5H 2C3will be considered as having been so given at the time of the deposit thereof in the Post Office. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. SIGNED, SEALED AND DELIVERED)Corporation of the Township of Malahide in the presence of) ) )______________________________SEAL ) )______________________________ ) )McKenzie and Henderson Ltd. ) ) )______________________________ SEAL ) )______________________________ THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-22 Being a By-law todelegate certain duties as required during a declared Pandemic Period. WHEREASSection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREASthe Council of The Corporation of the Township of Malahide has deemed itexpedient to delegate certain duties during adeclaredPandemic Period; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT,in the event that the Council may not be able to meet the requirements for -law No. 17-97, during a declared pandemic period, the Chief Administrative Officer (or designate in his/her absence) is hereby delegated the authority to take all actions on behalf of the Council that are permitted to be done under the Municipal Act and subject to the limitations underand subject to Sections 23.1, 23.2,and 23.3 during any period that the Procedural By-law due to a lack of quorum for meetings. The Chief Administrative Officer (or designate in his/her absence) is required to report to the Council regarding any exercise of this delegated authority. 2.THAT this By-law and the delegation contemplated herein may be revoked at any time by the Council and shall be null and void no later than the end of the term of this Council. 3.THAT,in the event of a conflict between any municipal by-law, this By-law shall apply. 4.THAT the delegation in this By-law is subject to any restrictions on such delegation under the Municipal Act (Ontario), as amended. 5.THAT this By-law shall come into force and take effect on the final passing thereof. th READaFIRSTandSECONDtime this19day of March,2020. th READaTHIRDtime and FINALLY PASSEDthis 19day of March, 2020. __________________________ Deputy Mayor,D.Giguère __________________________ Clerk, M. Casavecchia-Somers THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-19 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 19,2020,in respect of each motion, resolution and other action taken by the Council of the Township of Malahideat such meetingis, except where the prior approval of the Ontario Municipal Board or other authority is required by law, ishereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-law. 2.THAT the Mayorand the appropriate officials of the Township of Malahideare hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Township of Malahidereferred to in the proceeding section. 3.THATthe Mayorand the Clerk are hereby authorized and directed to execute all documents necessary in that behalf and to affix thereto the corporate seal of the Township of Malahide. 4.THAT this By-law shall come into force and take effect upon the final passing thereof. th READaFIRSTandSECONDtime this19day of March, 2020. th READaTHIRDtime and FINALLY PASSEDthis19day of March, 2020. __________________________ Deputy Mayor, D. Giguère __________________________ Clerk, M. Casavecchia-Somers