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Regular Council Agenda - 2021/01/21 The Corporation of the Township of Malahide A G E N D A January 21, 20217:30 p.m. Malahide Township Office 87 JohnStreet, South, Aylmer. ** Note:Due to the COVID-19 restrictions, this meeting will be held electronically via videoconference. The meeting will be streamed live on YouTube.** Roll Call Disclosure of Pecuniary Interest Approval of Previous MinutesRES1(Pages9-22) Presentations/Delegations/Petitions Presentation- Kelly Pearson,DawnMcClintock,and Rosemary KennedyRES 2 (Pages23-26) Reports of Departments Director of Fire&EmergencyServices -Emergency ServicesActivity Report December.RES3 (Pages27-32) Director of PublicWorks -Drainage UpdateReport.RES4(Pages 33 - 35) -Re-appoint Drainage Engineers Various Drains.RES 5 (Pages36-37) -Tender Results NorthVanWychenDrainCleanout.RES6 (Pages38-40) -Contract Award 2021-2023 ParksandLawnMaintenance.RES 7(Pages41-43) -Port Bruce Temporary Boat Launch Removal Consideration RES8(Pages44-46) -ReducedLoadExemptionConsideration.RES 9 (Pages 47 -50) -Contract Award 2021 2027CurbsideWaste CollectionRES10 (Pages51-56) Director of DevelopmentServices -2020 BuildingPermitActivityReport.RES11(Pages57-58) -Supplementary BuildingCodeConsultantService.RES12 (Pages59-67) -Wireless Telecommunication Tower Request for Township Support.RES13(Pages 68 - 70) Director of FinancialServices/Treasurer -Applications for Assessment Adjustments under Section 357 of theMunicipal Act, 2001.RES14(Pages 71 - 72) CAO/Clerk Reports of Committees/Outside BoardsRES15 LongPointRegionConservationAuthorityBoard of Directors Minutes of December 2, 2020. (Pages73-82) CorrespondenceRES16 AssociationofMunicipalities of Ontario - Watch FiledatedJanuary7 and 14, 2021.(PagesC2-7) MunicipalityofCharltonand Dack and Township of Larder Lake ResolutionrequestingtheProvincetoaddressseveninsurance issues includingreplacementofjointandseveral liability; andinvestigatethe unethical practice ofpreferredvendors. (PageC8- 10) RegionofPeelandTownshipofHuron-KinlossResolution requestingtheProvincetoamendthe Assessment Acttoprovideafull 2019.(PageC11-13) MunicipalityofWest Grey ResolutionrequestingtheProvince to repeal Schedule 8 ofBill 229 relatingtospeciesat risk. (PageC14- 15) 5.Town of Aylmer Notice of Passing Official Plan Amendment No. 20 (Page C16) 6.Kettle Creek Conservation Authority Notice of Meeting for Levy Approval. (Pages C17 -18) Other Business By-laws By-lawNo.21-10Beingaby-lawtoappointBuildingOfficials. RES17(Page 83) ClosedSession Personal Matter about an IdentifiableIndividual relating toMalahide Fire Services (Volunteer Firefighter attendance). RES18and19 ConfirmatoryBy-lawRES20(Page84) AdjournmentRES21 **VIDEOCONFERENCE MEETING Note for Members of the Public: In order to respect the State of Emergency declared by the County of Elgin and not hold public gatherings, please note that the Regular Council Meeting scheduled to be held on January 21, 2021 will be via videoconference only. Please note that, at this time, there is not an option for the public to call in to this meeting. However, we will be livestreaming the Council Meeting via YouTube.Please click the link below to watch the Council Meeting. https://www.youtube.com/channel/UC2WWxGHYoaNBixWD8viFlGw Written comments regarding the Council Agenda items are welcome please forward such to the Clerk at mcasavecchia@malahide.ca 4 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 January 7, 2021be adopted as printed and circulated. 2.THAT the presentation received from Kelly Pearson, Dawn McClintock, and Rosemary Kennedy Springfieldbe received; ANDTHAT the proposal be referred to Municipal Staff for further review and consideration and areport back to the Council at a future meeting. 3.THAT Report No. F-21-01e- 4.THAT Report No. PW-21- received. 5.THAT Report No. PW-21--appointment of Drainage Engineers Various D AND THAT Mike Devos, P.Eng, of Spriet Associates London Ltd.,be re- appointed to prepare (Township of Malahide petition); AND THAT John M. Spriet, P.Eng, of Spriet Associates London Ltd.,be re- petition); AND THAT John M. Spriet, P.Eng, of Spriet Associates London Ltd., be re- AND THAT Andrew Gilvesy, P. Eng., of Cyril J. Demeyere Limited, be re- ylmer Evangelical Mennonite Mission Church and Banman petition); AND THAT Peter Penner, P. Eng., of Cyril J. Demeyere Limited, be re- Branches D & E; 5 AND THAT Mike Devos, P.Eng, of Spriet Associates London Ltd.,be re- (Lankhuijzen petition). AND THAT John M. Spriet, P.Eng, of Spriet Associates London Ltd.,be re--Dance Drain (Township of Malahide petition). 6THAT Report No. PW-21-Tender Results North VanWychen Drain Cleanout AND THAT the tender for the North VanWychen Drain Cleanoutbe awarded to Laemers Excavating, in the amount of $11,500.00 (exclusive of HST). 7.THAT Report No. PW-21--2023 Parks AND THAT the 2021-2023 Township Parks and Lawn Maintenance tender be awarded to Janzens Lawncare, of Aylmer, Ontario, at a cost of $1,745.00 per cut & landscape maintenance (plus HST),for all of the Township properties; AND THAT the Mayor and the Clerk be authorized and directed to take the necessary actions to enter into an agreement with Janzen Lawncare with respect t the 2021, 2022,and 2023 seasons. 8.THAT Report No. PW-21- AND THAT the Township Staff be directed to advise ElginCounty Council that the Township of Malahide Council recommends the removal of the temporary boat launch located on the north side of Catfish Creek on Bank Street in Port Bruce, consistent with the requirements of the agreement between Elgin County and the Ministry of Natural Resources and Forestry; AND THAT Township Staff be directed to notify the Port Bruce Ratepayers Association of this decision. 9.THAT Report No. PW-21-06 AND THAT Township Staff be requested to notify Antonissen Trucking of the recommended criteria, as outlined in this report, to allow for the removal of reduced loading restrictions on a subject road segment; 6 AND THAT Township Staff be directed to prepare an appropriate application form and fee schedule to allow a proponent to apply for the removal of reduced loading restrictions from a subject roadway, consistent with the criteria described in this report. 10.THAT Report No. PW-20-12027 AND THAT the contract for the 2021-2027 Curbside Waste and Recycling Collection Program be awarded to Millar Waste Systems, of London, Ontario, in the amount of $549,974.48 per year subject to annual CPI adjustment (excluding applicable taxes); AND THAT the Mayor and Clerk be authorized to enter into a 7 year contract for the collection of curbside garbage and recycling, leaf and yard waste, and bulk bin collection for the 2021-2027 period; it being noted that the contract allows the Council an option to negotiate with the Contractor for 2 one-year extension periods if it so chooses; AND THAT any resulting shortfall in the 2021 Waste Management Budget be funded from the Operating Capital Reserve. 11.THATReport No. DC-21- be received. 12.THAT Report No. DS-21- AND THAT the Municipal Staff be authorized to utilize RSM Building Consultants to provide support services to the Building Services Department on an as-needed basis as outlined in this report; AND THAT the Mayor and Clerk be authorized and directed to execute the necessary documents to engage the services of RSM Building Consultants. 13.THAT Report No. DS-21- AND THAT the Council of the Township of Malahide does hereby support the installation of the proposed Telecommunication Tower by Signum Wireless to be located at Part of Lots 22 and 23, Concession 10, and municipally known as 51549 Ron McNeil Line. 14.THAT Report No. FIN-21- AND THAT, pursuant to Section 357 (a) and (d) of the Municipal Act, 7 2001, the following assessments be adjusted: 2019 Residential Assessment reduce by $ 527,558 (tax class change residential to farm) 2019 Farmland Assessment increase by $489,985 (tax class change residential to farm and reduced farm value) 2020 Farmland Assessment decrease by $10,000 (removal of a greenhouse) 2020 Industrial Assessment decrease by $65,700 (removal of a bakery no longer operating) 2020 Residential Assessment increase by $65,700 (bakery removal tax class change industrial to residential). 15.THATthe following Reports of Committees/Outside Boards be noted and filed: (i)Long Point Region Conservation Authority Board of Directors Minutes of December 2, 2020. 16.THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated January 7 and 14, 2021. 2.Municipality of Charlton and Dack and Township of Larder Lake Resolution requesting the Province to address seven insurance issues including replacement of joint and several liability; and investigate the unethical practice of preferred vendors. 3.Region of Peel and Township of Huron-Kinloss Resolution requesting the Province to amend the Assessment Act to provide a full 2019. 4.Municipality of West Grey Resolution requesting the Province to repeal Schedule 8 of Bill 229 relating to species at risk 5.Town of Aylmer Notice of Passing Official Plan Amendment No. 20 6.Kettle Creek Conservation Authority Notice ofMeeting for Levy Approval. 17.THAT By-law No. 21-10, beingaBy-law to appoint Building Officials under the BuildingCode Act, be given first, second and third readings, and be properly signed and sealed. 8 18.THAT Council move into Closed Session at ________p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discussa Personal Matter about an Identifiable Individual relating to Malahide Fire Services (Volunteer Firefighter attendance). 19.THAT Council move out of Closed Session and reconvene at ________ p.m. in order to continue with its deliberations. 20.THAT By-law No. 21-09, being a ConfirmatoryBy-law, be given first, second and third readings, and be properly signed and sealed. 21.THATtheCounciladjournits meetingat _______ p.m.to meet again on February 4, 2021, at 7:30 p.m. 9 21-01 January 7, 20217:30 p.m. ________________________________________________________________ The Malahide Township Council met via videoconference. The Manager of Information Technology and the Deputy Clerk were present in the Malahide Council Chambers located at51221Ron McNeilLine, Springfield, Ontario, at 7:30 p.m. Due to the COVID-19 pandemic, the Mayor, Members of Council, andsome Municipal Staff participated remotely. The following members were present: Council Members via Videoconference: Mayor D. Mennill, Deputy Mayor D. Giguère, Councillor R. Cerna, Councillor C. Glinski, Councillor M. Moore and Councillor M. Widner. Council present in Council Chamber:Councillor S. Lewis. Staff present in Council Chamber:Manager of Information Technology C. Coxen and Deputy Clerk D. Wilson. Staff via Videoconference: Chief Administrative Officer/Clerk M. Casavecchia- Somers, Director of Financial Services A. Mohile, Director of Development Services A. Betteridge, Director of Fire and Emergency Services B. Smith, and Director of Public Works M. Sweetland. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to orderat 7:30 p.m. DISCLOSURE OF PECUNIARY INTERESTandthe General Nature thereof: No declarations of pecuniary interest were declared. MINUTES: No. 21-01 Moved by:Max Moore Seconded by:Rick Cerna 10 21-02 THAT the minutes of the regular meeting of the Councilheld on December 17, 2020be adopted as printed and circulated. Carried. The Manager of Information Technology retired from the meeting. PRESENTATIONS/DELEGATIONS/PETITIONS: Public Meeting Zoning By-law Amendment, as submitted by Tony Wall onbehalf of Dwight and Lydia Steven, relating to property at Part Lot 21, Concession 3, Geographic Township of Malahide. No. 21-02 Moved by:Scott Lewis Seconded by:Rick Cerna THAT the Public Meeting concerning the Zoning By-law Amendment Application of Tony Wall, on behalf of Dwight and Lydia Steven, relating to the property located at Lot 21, Concession 3, becalled to order at 7:32 p.m. Carried. Mayor Mennill advised that the purpose of this Public Meeting is to consider an application to amend the zoning of the subject property located at 6242 Springfield Road, being Part Lot 21, Concession 3, Geographic Township of Malahide, to permit a use described as a Place of Worship to occur on a temporary basis. Mayor Mennill asked the Deputy Clerk to advise and confirm on the method and date of notice given for this meeting. The Clerk advised that this public meeting was advertised in the Aylmer Express on December 16 and 23, 2020. In addition, affected property owners within 120 metres were sent a notice by prepaid first class mail that was posted at least twenty days prior to this meeting. Mayor Mennill requested the Director of Development Services to provide an overview of the application. The Director advised that the purpose of the proposed amendment will not change the zone classification of the subject lands . It is proposed that the described use will be established in the existing 3,200 sq ft. accessory building (the shop located to the east and rear of the existing dwelling) located on the subject lands. The proposed Zoning By-law Amendment is being considered on the basis of an application submitted on behalf of the property owners. The property owners are 11 21-03 intending to make the necessary building upgrades in order to conduct church services in the shop temporarily for a portion of the whole congregation they belong to. Such use will occur only while public health restrictions are in place for social gatherings due to the COVID-19 pandemic; after such time the use will cease. The Director noted that the legislation that must support this applicationwould be the Provincial Policy Statement, the Official Plan for both the County of Elgin and the Township and the Zoning By-law for the Township. He noted that the Provincial Policy Statement and the Malahide Official Plan do not permit for the establishment of a new Institutional use in the Agricultural zone, only in a settlement area. The Director noted that this use should not be considered as an on-farm diversifieduse. The Director noted his concerns regarding the potential for a non-agricultural useto continue after the pandemic if the upgrades were made to the building. The Director also noted that temporary use by-laws should not be used where the proposed use is not permitted to occur in the applicable designation of the Official Plan. The Director advised that it is his opinion that the application is not consistent with the directives of the Provincial Policy Statement or the Malahide Official Plan. The Director advised that correspondence has been received from the Catfish Creek Conservation Authority with no objections, the Southwestern Public Health with no concerns but requirements for the Applicants to contact Public Health directly to determine if there is relevant public health legislation applicable; and 2 neighbouring property owners with concerns (Josh and Ashley Couchi and Ted and Nina Caughill).He noted that if the application does move forward the Fire Chief and Chief Building Official have provided the Applicantwith building modificationsthatwould be necessary to undertake. Mayor Mennill asked if any persons were in attendance that wished to make any comments regarding the application. Tony Wall, Applicant for the Owners, appeared before the Councilby videoconference. Mr. Wall noted that this temporary location would allowthe congregation to split off and become a sister church. Upon an inquiry from Councillor Cerna regarding the size of the congregation, Mr. Wall advised that the COVID-19 rules would allow 1/3 occupancy and this shop would holdapproximately 400 people, therefore,about 150 people would be allowed to gather in one location. Mr. Wall confirmed that as there is a lockdown currently, no services are being held. Upon an inquiry from Deputy Mayor Giguère regarding tax exemptions for places of worship, the CAO advised that places of worship are exempt from taxes, 12 21-04 although the subject building is being used for agricultural purposes which is not exempt so taxes are being generated bythis building. She noted that if the requested change is granted for a temporary period, the taxes would not be generated on thebuilding for that time period. Upon an inquiry from Deputy Mayor Giguère regarding other options the church group has considered, Mr. Wall advised that there are no other facilities available for the church to use. Mr. Wall noted that the congregation did try to complete on-line services but had technology issues. He noted that they wanted to physically get together. The Deputy Mayor suggested that instead of investing the money into a temporary building that the money could instead be used to upgrade technology which could also be used even after the pandemic. Mr. Wall noted that he only recently learned about the necessary upgrades that would be involved in changing the Stevens building into a public building. He noted that the congregation would have to determine what the costs would be and if it was feasible to continue with this project Upon an inquiry from Councillor Cerna regarding parking, Mr. Wall advised that there was enough parking for the group and they also had consideration for fire routes for emergency purposes. Upon an inquiry from Councillor Widner regarding the fire safety aspect, the Fire Chief advised that he was concerned as thebuilding was not originally designed as a public meeting place. He has provided the Applicant with a list of upgrades necessary toboththe inside and outside of the building. If these conditions are all met then his concernsfor fire and safetywould be addressed. Mayor Mennill noted that there were concerns regarding the proposal from both the Municipal Staff and neighbouring landowners. He noted that the cost of the necessary upgrades may make the feasibility of the project unreasonable for a shortterm basis. Mr. Wall noted that their congregation will look at all of the numbers if Malahide is agreeable to allow the temporary use. Councillor Cerna suggested the congregation review the matter and determine the costs and if they are willing to moveforward. He suggested that the matter be deferreduntil then. Mayor Mennill advised that the Council will consider all comments received when making its final decision on the application. No. 21-03 Moved by:Max Moore Seconded by:Rick Cerna THAT the Public Meeting relating to Zoning By-law Amendment Application of Tony Wall, on behalf of Dwight and Lydia Steven,relating tothe property 13 21-05 located at Lot 21, Concession 3, be adjourned and the Council meeting reconvene at 7:58p.m. Carried. No. 21-04 Moved by:Rick Cerna Seconded by:Dominique Giguère THAT Report No. DS-21--law Amendment Application AND THATfurther consideration ofthe Zoning Bylaw Amendment Application of Tony Wall, on behalf of Dwight and Lydia Steven, BE DEFERRED, pending a further review by the Applicant of the feasibility of proceeding with the application in recognition that significant upgrades are necessary under the Building Code and Fire Code in order to enable the subject building to be used as a place of worship. Carried. The CAO confirmed that the Application would be deferred until the Applicants notifythe Municipal Staff that they wish to move forward with the application. She noted that this was the necessary statutory Public Meeting under the Planning Act and that further public meeting would not be required. The Mayor thanked Mr. Wall for hisinput and he retired from the meeting. -Presentation Chris Wilkinson, GM of the Catfish Creek Conservation Authority relating to 2021 Budget. Chris Wilkinson, General Manager, of Catfish Creek Conservation Authority, appeared before the Council to provide details regarding the increase in the 2021 Mr. Wilkinson advised the CCCA will continue the same or improved levels of service for 2021. He noted the CCCA has the lowest levy in Ontario. He noted that there has been an increase of $12,000 for delivery of mandated programs, a shortfall of $200,500.00 in Provincial operating grants, increased insurance premiums; increase in property taxes, employment taxes, and other budget increases. Mr. Wilkinson concluded by advising Schedule 6 of Provincial Bill 229 will include additional items in the 2022 budget. 14 21-06 The Mayor thanked the General Manager for keeping the proposed levy increase at 3%while maintaining service levels. The Deputy Mayor noted the difficulty in reviewing the Financial Statements as they do not show that the revenue from the non-mandated programs is used to pay the mandated programs. She questioned why the 1% levy increase option that was provided to Board was not considered. Councillor Cerna, the Malahide Representative on the CCCA Board of Directors,noted that they did not want to take additional money from the reserves and therefore, the 3% increase was needed. The Deputy Mayor questioned if all of the CCCA expenses were necessary and the Councillor Cerna advised that every penny is stretched at the Authority. Councillor Moore noted his appreciation to the CCCA fortheir mitigation in flooding management for Port Bruce and Springfield. No. 21-05 Moved by:Max Moore Seconded by:Chester Glinski THAT the presentation from Chris Wilkinson, General Manager of Catfish Creek Conservation Authority,Budget be received. Carried. The Mayor thanked Mr. Wilkinson for his presentation and he retired from the meeting. REPORTS: Director of Fire and Emergency Services -Emergency Services Activity Report -November No. 21-06 Moved by:Rick Cerna Seconded by:Mark Widner THAT Report No. F-20-Activity Report Carried. 15 21-07 Director of Development Services -Township of Malahide Official Plan Comprehensive Review and Five- Year Update: Status Report. No. 21-07 Moved by:Scott Lewis Seconded by:Mark Widner THAT Report No. DS-21- Comprehensive Review & Five- information. Carried. Director of Financial Services -Draft Malahide Water 2021 Budget and User Fee Schedule. In responses to an inquiry from Deputy Mayor Giguère regarding the budget surplus being transferred to reserves, the Treasurer advised thata Water Rate Study was completed in 2014 and the reserve allocation amounts were on the conservative side. The Deputy Mayor questioned why additional reserve money was needed as there is a plan for reserves not including surplus funds. The Director of Public Works noted that the Asset Management Plan does provide the answers to what is affordable and reasonable. He noted a water project recently was tendered and came in at $1 million over the estimate. He noted achange like that would not have been contemplated in a previous water rate study largely due to massive rise in construction costs. He noted that he also recommended the larger build-up of reserves using the surplus revenue money. The Deputy Mayor requested the Municipal Staff provide the Council with a formalsummarypresentation regarding reserves showing what is legislatively mandatory. The Treasurer indicated that a review of asset management including water and sewer funds was planned for 2021. No. 21-08 Moved by:Max Moore Seconded by:Rick Cerna THAT Report No. FIN 21-01en AND THAT the Draft Malahide Water 2021 Budget and the User Rates for 2021 be approved; 16 21-08 AND THAT the Municipal Staff be authorized to carry out the administrative acts necessaryto implement such budget and user rates as approved. Carried. -Draft Malahide Sewer System 2021 Budget and User Fee No. 21-09 Moved by:Dominique Giguère Seconded by:Mark Widner THAT Report No. FIN 20- B AND THAT the draft Malahide Sewer System budget and user fee for 2021 be approved; AND THAT the Municipal Staff be authorized to carry out the administrative acts necessary to implement such budget and user fees as approved. Carried. CORRESPONDENCE: No. 21-10 Moved by:Mark Widner Seconded by:Rick Cerna THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated December 17, 2020. 2.County of Dufferin Resolution requesting the Province to work with the Municipal Property Assessment Corporation (MPAC) to address the assessment issue relating to aggregate resource property assessments. 3.Municipality of Chatham-Kent, Township of Lake of Bays Resolution requesting the Province to remove Schedule 6 from Budget Measures Act (Bill 229) and continue to work with Conservation Authorities. (Malahide Township Council supported a similar Resolution on December 3, 2020). 17 21-09 4.Town of Carleton Resolution requesting the Province to prioritize childcare as part of its overall post pandemic recovery plan, develop and find a comprehensive plan that can support facilities through the provision of licensed childcare and early learning education and provide funding to childcare providers reflective of COVID19 operating cost increases. 5.Township of Matachewan Resolution requesting the Province to provide longer turn-around times for grant applications. 6.Township of Perth South Resolution supporting the Municipality of Southwest Middlesex requesting the Province to work with Federal Ministry of Transportation to address concerns regarding municipal drainage matters and the need for coordination with national railways. (Malahide Township Council supported a similar Resolution on December 17, 2020). 7.Municipality of South Huron Resolution supporting the Township of Huron Kinloss and Town of Wasaga Beach requesting the Province to develop tougher laws, with larger financial penalties, when dealing with unauthorized car rallies and participants. 8.Township of Lake of Bays, Town of Lincoln Resolution supporting the Township of Amherstburg requesting the Province to extend the compliance deadline for compliance with Accessibility for Ontarians with Disabilities Act. 9.Township of Amherstburg Resolution supporting the City of St. Catharines requesting the Province to amend Bill 197, COVID19 Economic Recovery Act 2020 to eliminate the development approval requirement provisions from adjacent municipalities and that the approval for landfills within their jurisdiction. 10.Town of Kingsville Resolution requesting the Province to allow small businesses to remain open to in-store sales and service with limited capacity and increased safety measures. 11.Town of Lincoln request for interim cap on gas plant and greenhouse gas pollution and the development and implementation of a plan to phase-out gas-fired electricity generation. 18 21-010 12.Town of Lincoln request to the Province to amend the AGCO Licensing and Application process for cannabis retail stores. 13.Town of Lincoln Resolutions supporting both Loyalist Township and Plympton-Wyoming regarding funding for community groups and service clubs affected by pandemic. 14.Aylmer Police Services Board Correspondence expressing to the Aylmer Police Service. 15.Solicitor General Correspondence advising deadline extension for the Community Safety and Well-Being Plan is July 1, 2021, because of COVID challenges. 16.Ministry of Children, Community and Social Services Correspondence regarding the release of new poverty reduction strategy -Building a Strong Foundation for Success: Reducing Poverty in Ontario (2020-2025). 17.Municipality of Bayham Notice of the adoption of Official Plan Amendment No. 26 for the Township of Bayham to permit subdivision development in the Village of Straffordville and Hamlet of Eden. Carried. OTHER BUSINESS: -Ontario Ministry of Infrastructure Funding Application Enhancement of Broadband Connectivity. No. 21-11 Moved by:Scott Lewis Seconded by:Dominique Giguère THAT the Council of the Township of Malahide does hereby endorse and support a funding application to the Ontario Ministry of Infrastructure, under the Improving Connectivity for Ontario (ICON) Program, to enhance broadband connectivity to the Township facilities as well as provide the ability to connect homes and businesses through a last mile network. Carried. -Temporary Boat Launch North Erie Marina, Port Bruce 19 21-011 No. 21-12 Moved by:Dominique Giguère Seconded by:Mark Widner THAT the correspondencereceived from Baroudi Law, dated January 4, 2021, relating to the Temporary Boat Launch in Port Bruce and North Erie Marinabereceived; AND THAT such correspondence be referred to the Municipal Staff for further review and consideration; it being noted that the Staff will be reportingback to the Council at a future meetingregarding the proposal of the Port Bruce Ratepayers Association to maintain the temporary boat launch in Port Bruce. Carried. BY-LAWS: -By-law No. 21-01Temporary Borrowing No. 21-13 Moved by:Max Moore Seconded by:Scott Lewis THAT By-law No. 21-01, being a By-law to authorize temporary borrowing during the fiscal year ending December 31, 2021, be given first, second and third readings, and be properly signed and sealed. Carried. -By-law No. 21-02Interim Tax Levy for 2021 No. 21-14 Moved by:Max Moore Seconded by:Scott Lewis THAT By-law No. 21-02, being a By-law to provide for an interim tax levy for the year 2021, be given first, second and third readings, and be properly signed and sealed. Carried. -By-law No. 21-052021 Township Budget No. 21-15 20 21-012 Moved by:Rick Cerna Seconded by:Scott Lewis THAT By-law No. 21-05, being a By-law to adopt the 2021 Township Budget, be given first, second and third readings, and be properly signed and sealed. Carried. -By-law No. 21-06Fire Cost Recovery Fees No. 21-16 Moved by:Mark Widner Seconded by:Rick Cerna THAT By-law No. 21-06, being a By-lawto establish various Fire Cost Recovery Fees, be given first, second and third readings, and be properly signed and sealed. Carried. -By-law No. 21-07Establish User Fees No. 21-17 Moved by:Scott Lewis Seconded by:Rick Cerna THAT By-law No. 21-07, being a By-lawto establish various User Fees, be given first, second and third readings, and be properly signed and sealed. Carried. -By-law No. 21-08Establish Building Permit Fees No. 21-18 Moved by:Dominique Giguère Seconded by:Scott Lewis THAT By-law No. 21-08, being a By-lawto establish various Building Permit Fees, be given first, second and third readings, and be properly signed and sealed. Carried. CLOSED SESSION: 21 21-013 No. 21-19 Moved by:Scott Lewis Seconded by:Max Moore THAT Council move into Closed Session at 9:10p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discussthe following: (i)A Litigation or Potential Litigation Matter, including matters before administrative tribunals, affecting the Township relating to a zoning by-law infraction (automotive body shop). (ii)A Litigation or Potential Litigation Matter, including matters before administrative tribunals, affecting the Township relating to a zoning by-law infraction (dog kennel). Carried. No. 21-20 Moved by:Mark Widner Seconded by:Rick Cerna THAT Council move out of Closed Session and reconvene at9:50p.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 Litigation or Potential Litigation Matter, including matters before administrative tribunals, affecting the Township relating to a zoning by-law infraction (automotive body shop). There is nothing further to report. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a Litigation or Potential Litigation Matter, including matters before administrative tribunals, affecting the Township relating to azoning by-law infraction (dog kennel). There is nothing further to report. CONFIRMATORY: No. 21-21 Moved by:Max Moore Seconded by:Rick Cerna 22 21-014 THAT By-law No. 21-03, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 21-22 Moved by:Chester Glinski Seconded by:Mark Widner THATtheCounciladjournits meetingat 9:52p.m.to meet again on January 21, 2021at 7:30 p.m. Carried. _______________________________ Mayor D. Mennill ______________________________ Clerk M. Casavecchia-Somers 23 Veterans Banner Project Presentation to Malahide Council -2021 Dawn McClintock, Rosemary Kennedy and myself are workingon a project that will honour our veterans from the Springfield and South Dorchester areathrough a Veterans Banner Project. In the month leading up to Remembrance Day, if you have been to Rockland, Uxbridge, Burlington, Kingsville or many communities in between you will have seen Veteran Banners flying proudly on light standards lining theirstreets. The Veterans Honor Banner Project offers the opportunity to recognize the servicemen and women who have bravely served our country. Any veteran may be sponsored for a banner(living or deceased), making it a great way to honour thesespecial people in ourcommunitythat have served in any branch of the militaryorin any conflict.Having been researching this for a few months there are hundreds of men and women who have served that have connections to Springfield or South Dorchester. Some wereborn here and some chose to live here and raise their families. This project promotes remembrance in our community and educates the public on the faces and names of those who served. We are hoping to expand this to share service stories of these veterans to further educate and rememberkeeping their history alive. TheAylmer Legion is in favour of this project and we are waiting on their approval to use the Legion logo and poppy on the banners.They will also do their best to help us track down any veterans in the area but we are thinking once theword gets outabout this project that families will sign up. We have information and costing from the printerwho specializes in these banners, and are deciding on a sponsorship fee to charge for each. Families, businesses or community members can sponsor a bannerwill be included on thatbanner.We are fortunate that Dawn has volunteered her graphic expertise to save on that costing. The timing for display would be to put them up approximately one month prior to Remembrance Day and take them down the day after. This will, of course, depend on when our Thanksgiving is and if Remembrance Day falls on a weekend, but a three to four week display time would be ideal. Thebanners aredouble sided vinyl with the same veteran information on bothsides.Each light polewillhold 2 banners so 2 individuals will be recognized perpole. stainless steel banding is required to be mounted on the poles. Each banner is held in place on the top and bottom to a galvanized steel arm which is attached to the stainless steel banding. The mounting hardware is included in the sponsorship fee but the stainless steel banding is not. We will be approaching a fabrication business to see about sponsorship of the steel banding and its installation. 1|Page 24 What we are looking for from the Township first of all,is your permission to have these banners displayed in Springfieldso we can proceed with this project. Secondly, we are asking forinstallation help. Once the poles have the banding,banners can be attached. Weare asking ifthe Township would supplymanpower and equipment to mount the banners and take them down each year. Then with your permission, we will include the Township logo on each banneras well. Once this project is okayed,we can proceed with its promotionin the community. For the first year our goal is to have 10 banners installed but that could increase if we get lots of public interestand enough time to create the artwork for printing.For placement we want to start the banners on Ron McNeil Line onthe Cenotaphblock between Whittaker Line & McIntoshStreet and progressfrom there.Who knows eventually we could see banners on Springfield and Whittaker Road! We are still working out logistics of storage. Some of the communities have the sponsors store them andsome offer storagewhere all banners are kept together. Just a note that once the banding is installed on each pole, this opens up the possibility of seasonal type banners to be offered in the Village as well. Kelly Pearson Dawn McClintock Rosemary Kennedy 2|Page 25 Sample Banner 3|Page 26 Sample Placements 4|Page 27 Report toCouncil REPORT NO.:F21-01 DATE: January 5, 2021 ATTACHMENT:None SUBJECT:Emergency Services Activity Report -December Recommendation: THAT Report No. F21-01Emergency Services Activity Report Decemberbe received. Background: FIRE SERVICES Department Incidents In December2020, Malahide Fire Services responded to thirty-three (33) incidents as compared to twenty-five (25)incidents in 2019,thirty-four (34) incidentsin 2018,twenty- one (21)incidents in 2017, twenty-two (22) incidents in 2016,and twenty-two (22) incidents in 2015. Medical incidents accounted for approximately sixty-three (63%) of all December incidents in 2020. The average age of persons requiring medicalresponse in December2020 was 58with a80/20male/female ratio. Of the thirty-three (33) incidents inDecember2020, South Stationresponded to seventeen (17)incidents, Station #3 to eleven (11) incidents, and Station #4 to five (5) incidents. 28 December Incidents by December Incidents by Type Њ Station Љ Ѝ А Ў ЊЊЊА ЋЊ CźƩĻa/ĻĭŷƓźĭğƌ wĻƭĭǒĻaĻķźĭğƌhƷŷĻƩ{ƚǒƷŷ {ƷğƷźƚƓ{ƷğƷźƚƓ ϔЌ{ƷğƷźƚƓ ϔЍ December Yearly Incident Comparison ЍЉ ЌЍ ЌЌ ЌЉ ЋЎ ЋЋЋЋ ЋЊ ЋЉ ЊЉ Љ ЋЉЋЉЋЉЊВЋЉЊБЋЉЊАЋЉЊЏЋЉЊЎ 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 nineteen(19) incidents, Station #3 to thirteen(13)incidents, and Station #4 responding to seven(7) incidents. DecemberResponses by DecemberResponses by Station Type Ћ Џ А В ЊВ Љ ЊЌ ЋЋ {ƚǒƷŷ {ƷğƷźƚƓ{ƷğƷźƚƓ ϔЌ{ƷğƷźƚƓ ϔЍ CźƩĻa/ĻĭŷƓźĭğƌ wĻƭĭǒĻaĻķźĭğƌhƷŷĻƩ 29 Responses Month to Month Comparison ЍЎ ЎЉ ЍЉ ЌВ ЍЉ ЌЊ ЋЏ ЌЉ ЋЌ ЋЉ ЊЉ Љ ЋЉЋЉЋЉЊВЋЉЊБЋЉЊАЋЉЊЏЋЉЊЎ Fire Events Loss/Save There was one fire event in Decemberresultingin fire loss of $80,000(tractor)and fire save of $0. Fire Prevention The Decemberfire safety message of the month was Service your home heating During this time of physical distances and the inability to congregate, the Fire Prevention Committee has been preparing and posting videos to their Association Facebook page and the Township website. Fire Safety Inspections In December2020,the Staff conductedone (1)inspection and no orders for non- compliance wereissued. Station and Technical Training Station and monthly Technical Training has been reinstated. Topics for Decemberwere Firefighter Survivaland Confined Space training. Training Revenue No external DZ training was provided in December,2020. Ontario Police College In2020,the Staff trained489Police 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 sessionso far in 2020.Fire training at OPC is currently suspended due to COVID-19.The training sessionsat OPCscheduled to be held inMayand September2020werecancelled and werenotrescheduledin 2020. In 2020, theStaff didnot fill anybottles for the OPC. 30 OPC Cadet Training -Year to OPC SCBA Cylinder Filling -Year Date Comparisonto Date БЉЉЉЌЉЉЉ υЏͲЉЉЉ͵ЉЉ υЏͲЉЉЉ͵ЉЉ υЋͲЉВВ͵ЉЉ ЏЉЉЉ ЋЉЉЉ υЊͲЎЎЍ͵ЉЉ υЊͲЍЉА͵ЉЉ υЌͲЉБЏ͵ЉЉ ЍЉЉЉ υЋͲЉВЏ͵ЉЉ υЋͲЉЉЉ͵ЉЉ υЏЍА͵ЍВ ЊЉЉЉ ЊЍЊЉ υЌБЎ͵ЉЉ ЊЉЉЉ ЋЉЉЉБЌЉ АЋЏ ЋЌЊ ЋЋЋ ЋЉЊ ЍАЎЍБВ АЊ ЎЎ ЉЉ υΏ Љ Љ ЋЉЋЉЋЉЊВЋЉЊБЋЉЊАЋЉЊЏЋЉЊЎ ЋЉЋЉЋЉЊВЋЉЊБЋЉЊАЋЉЊЏЋЉЊЎ Motor Vehicle Collision Revenues Malahide Fire Services responded to four (4)motor vehicle collisions(MVC) in December.To date in 2020,we have invoiced$30,258.62for services provided to the MTO andto non-residents of Malahide Township(November2020incidents). Accident Invoices -Year υЏЉͲЉЉЉ͵ЉЉ υЎЌͲЎЋЍ͵ЍЏ υЎЉͲЉЉЉ͵ЉЉ υЌБͲЌЌБ͵ЉЉ υЌЋͲЏЋЊ͵ЉЉ υЍЉͲЉЉЉ͵ЉЉ υЌЉͲВЍЉ͵ЉЉ υЌЉͲЋЎБ͵ЏЋ υЋЏͲАЋВ͵ЉЉ υЌЉͲЉЉЉ͵ЉЉ υЋЉͲЉЉЉ͵ЉЉ υЊЉͲЉЉЉ͵ЉЉ υΏ ЋЉЋЉЋЉЊВЋЉЊБЋЉЊАЋЉЊЏЋЉЊЎ Burn Permits To date in 2020,the Staff have issued fourhundred and forty-two(442) burn permits. Burn Permits Issued -Year ЎЉЉ ЍЍВ ЍЍЏ ЍЋБ ЍЊА ЍЊЋ ЍЉЉ ЌЍБ ЌЉЉ ЋЉЉ ЊЉЉ Љ ЋЉЋЉЋЉЊВЋЉЊБЋЉЊАЋЉЊЏЋЉЊЎ General Automatic Aid Agreement(s) The Automatic Aid Agreement with Central Elgin was not activated inDecember,2020. 31 Mutual Aid Malahide Fire Services did not request Mutual Aid,but was requested forMutual Aid once by Bayham in December, 2020. Public Education/Awareness Public Educators have continued to deliver fire prevention messaging through social media and our various web sites. Videos with key messaging have been created and posted as well as print messages.More holiday season videos have been created with all county departments taking topics and posting these key holiday messages. Training Recruit training has continued with our cooperativegroup fire departments with modifications being made to class sizes, increased cleaning, social distancing,and masking. All other specialized training typically conducted on weekends wascancelled for the remainder of 2020.We expect the 2020 recruits to complete NFPA 1001 training by March 2021,due to the increased number of weekends to accommodate smaller class sizes. EMERGENCY MANAGEMENT PROGRAM Emergency Response The outbreak of the COVID-19 pandemic has resulted in the Municipality making a Declaration of Emergency on March 21, 2020. While the Province of Ontario declared that some non-essential businesses were to close, municipal operations, with the exception of parks and recreation, are considered essential services and thus, were continued throughout the pandemic. Administrative Staff are working from home on a revolving basis to ensure that there is minimal interaction in the Township Office. Road Staff have adjusted their schedule and have been split between the North and South Shop to reduce interaction. In addition, they have been instructed to limit the number of persons in a vehicle and to wear a face covering when there is more than only have one person in a vehicle. Vehicles are being cleaned and disinfected before and after each use. The Staff are attending regular conference call updates from Southwestern Public Health to receive updates on the status of the pandemic and to receive advice on municipal operations under the current health emergency. We continue to monitor the situation and make necessary adjustments as warranted. We continue to answer all inquiries from the public as well as communicating regularly with our Amish and Mennonite communities. Meetings of the MECG (Municipal Emergency Control Group) have taken place as required. The ice-breaking contract for 2021 has been awarded to Laemers Excavating for the use of a long arm excavator from January 1 to March 31,2021. The departure from the 32 use of a drag line was researched and considered by the Director of Fire and Emergency Services as well as the Director of Public Works and both are satisfied with the work plan put forward by Laemers Excavating. Emergency Management Program Committee Next meeting TBD. 2020Program Compliance Activities EMPC Meeting Not required in 2020. ERP Review Completed October,2020. Annual Exercise Not required in 2020. Malahide Flood Plan Review Completed October,2020. Annual CCG Training Not required in 2020. All Emergency Management training, exercises,and meetings werecancelled for 2020 due to the ongoing declared emergency throughout the province. 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. Community . 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. Brent Smith 33 Report toCouncil REPORT NO.:PW-21-04 DATE: January 7, 2021 ATTACHMENT:None SUBJECT:DRAINAGE UPDATE REPORT Recommendation: THAT Report No. PW-21-04. Background: This report is to provide the Council with an update onthe status of the various drainage works as of January 7, 2021. Comments/Analysis: bğƒĻ ƚŅ wĻƦƚƩƷ 5ğƷĻ ƚŅ ƦĻƷźƷźƚƓ aĻĻƷźƓŭƭ {ƷğƷǒƭ Appleford Drain (CE Petition) December 2019 February 2020 Waiting for Construction (Summer 2021) Brooks Drain (Cleanout) November 2019 N/A Work Completed Spring 2020 Candy Drain July 2019 November 2020 Waiting for final report from Spriet Associates Catfish Creek Drain December 2020 N/A Out for Tender (Cleanout) Cook Drain (Severance) February 2020 September 2019 Cyril J. Demeyere report pending County Road 24 Drain February 2019 February 2020 Construction Complete (Severance) (Fall 2020) Fuller Drain-Agriplex November 2017 May 2020 Construction Complete (Fall 2020) Hansebout Drain Underhill December 2010 January 29, 2020 Construction Complete Petition (Fall 2020) 34 bğƒĻ ƚŅ wĻƦƚƩƷ 5ğƷĻ ƚŅ ƦĻƷźƷźƚƓ aĻĻƷźƓŭƭ {ƷğƷǒƭ Heipleh-Dance Drain September 2019October 2019Waiting for final report from (Township Petition) Spriet Associates J.A. Charlton Drain August 2019 November 2020 Pending Consideration Kettle Creek Drain April 2020 November 2020 Project has been submitted to (Cleanout) KCCA and DFO for review Maginnis Drain May 2019 December 2020 Waiting for final report from Spriet Associates Staley Drain September 2019 November 2020 Waiting for DFO approval North VanWychen Drain August 2020 N/A Out for Tender (Cleanout) Thompson Drain Branches November 2015 April 2016 Cyril J. Demeyere Ltd. looking D & E at alternative routes for drain. Tate Drain May 2020 August 2020 Waiting for final report from Spriet Associates Taylor Drain (Thiessen Petition) February 2020 March 2020 Construction Complete (Summer 2020) Taylor Drain (Friesen Petition) July 2019 February 2020 Construction Complete (Fall 2020) Underhill Drain (Abrams January 2020 May 2020 Construction Complete Petition) (Fall 2020) VanWychen Drain N/A November 2020 Work to be completed in (Unauthorized Cleanout) Spring 2021 Walcarius Drain (Cleanout) November 2020 N/A Work to be done before March 15, 2020 W. McIntyre Drain June 2020 N/A Waiting for final report from (Re-location) Spriet Associates W. Shively Drain (Vallance May 2020 June 2020 Waiting for Construction Petition) (Spring 2021) Wooleyville Line Drain November 2017 July 2018 Waiting for preliminary design from Spriet Associates Financial Implications to Budget: N/A. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. 35 One of the goals that support the equitably borne by current and future ratepayers. Submitted by:Approved by: Matt Sweetland, P.Eng., Director of Public Works 36 Report toCouncil REPORT NO.:PW-21-08 DATE: January 12, 2021 ATTACHMENT:None SUBJECT:Re-Appointment of Drainage Engineers Various Drains Recommendation: THAT Report No.PW-21-08entitledRe-Appointment of Drainage Engineers Various Drains AND THAT Mike Devos, P.Eng, of Spriet Associates London Ltd.,bere-appointed to preparWoolleyville Line Drain(Township of Malahidepetition); AND THAT John M. Spriet, P.Eng, of SprietAssociates London Ltd.,bere- appointed to preparCandy Drain (Penner petition); AND THAT John M. Spriet, P.Eng, of Spriet Associates London Ltd.,bere- appointed to prepar AND THAT Andrew Gilvesy, P. Eng.,of Cyril J. Demeyere Limited, be re-appointed to prthe Cook Drain(Aylmer Evangelical Mennonite Mission Church and Banmanpetition); AND THAT Peter Penner, P. Eng.,of Cyril J. Demeyere Limited, be re-appointed to eThompson Drain Branches D & E; AND THAT Mike Devos, P.Eng, of Spriet Associates London Ltd.,bere-appointed to preparLankhuijzen petition). AND THAT John M. Spriet, P.Eng, of Spriet Associates London Ltd.,bere- appointed to prepar-Dance Drain (Township of Malahidepetition). Background: Section 39(1)of the Drainage Act R.S.O. 1990, states with the clerk of the initiating municipality as soon as it is completed or, in any event, 37 within one year after the appointment of the engineer or within such further time as may be extended before or after the expiry of the one-year period by resolution of the council Comments/Analysis: Currently,there are several petition drains in the Township of Malahide for which we have not yet received anEReport. The above mentioned drains have exceeded the one year time limit for the filing of an EReport as specified in Section 39(1) of the Drainage Act. The Staff are recommending that the Council pass a resolution to extend the time for the investigation and preparation of Report for these various drains and petitions as specified under Section 39(1) of the Drainage Act. The Staff would recommend extending the above noted appointments for a period of one year. Financial Implications to Budget: N/A. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the Financial Efficiency throughout Decision. Ensuring that the cost of maintaining municipal infrastructure is equitably borne by current and future works to achieve this goal. Submitted by:Approved by:Approved for Council: Bob Lopez,Matt Sweetland, P.Eng., Engineering Technologist/Director of Public Works Drainage Superintendent 38 Report toCouncil REPORT NO.:PW-21-03 DATE: January 7, 2021 ATTACHMENT:Tender Summary, Location Sketch, Request for Maintenance SUBJECT:Tender Results North VanWychen DrainCleanout Recommendation: THAT Report No.PW-21-02Tender Results North VanWychen Drain Cleanout; AND THAT the tender for the North VanWychen Drain Cleanoutbe awarded to Laemers Excavating,in the amount of $11,500.00(exclusive of HST). Background: ANotice of Request for Drain Maintenance and/or Repair was received from a landowner assessed on the North VanWychen Drain (see request attached). As the Council is aware, the Township is required under Section 74 of the Drainage Act, R.S.O. 1990, to maintain and/or repair drains within the Township. After a field investigation, it was determined that due to vegetation growthand accumulation of sediment and debris in the drain, a portion of the drain needs to have a bottom cleanout. This portion of drain runs fromVienna Line,north to the outlet of the enclosed portion of the North VanWychen Drain. Comments/Analysis: several construction contractors. The Township received a total of three (3) bids. The low bid was received from Laemers Excavatingin the amount of$11,500.00(exclusive of HST). The Staff are satisfied that Laemers Excavatingcan perform the duties tasked in this contract. The Staff would therefore recommend that the Council award the North VanWychen Drain cleanoutto Laemers Excavating and authorize the Mayor and Clerk to enter into an agreement withLaemers Excavating to complete the work. 39 Financial Implications to Budget: The cost of this project will be assessed to landowners along the North VanWychen Drain who have been advised of the pending works proceeding which will be billed using the ,dated February 6, 1981.The Township has lands which contribute to the drainage area,and thus,will likely be aparty tothe report. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability:Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the Embody Financial Efficiency throughout Decision of maintaining municipal infrastructure is equitably borne by current and future ratepayers works to achieve this goal. Submitted by:Approved by:Approved for Council: Bob Lopez,Matt Sweetland, P.Eng., Engineering Technologist/Director of Public Works Drainage Superintendent 40 TOWNSHIP OF MALAHIDE SUMMARY OF TENDERS North VanWychen Drain Cleanout (Prices do not include HST) Laemers Excavating$11,500.00 Cassidy Construction$13,000.00 Van Gorp Drainage & Excavating$14,500.00 In attendance: Bob Lopez, Ashley MacArthur 41 Report toCouncil REPORT NO.:PW-21-07 DATE: January 11, 2021 ATTACHMENT:TenderComparisonSummary SUBJECT:Contract Award 2021-2023Parks and Lawn Maintenance ______________________________________________________________________ Recommendation: THAT Report No.PW-21-07entitled Contract Award 2021-2023Parks and Lawn Maintenance AND THAT the 2021-2023Township Parks and Lawn Maintenancetender be awarded to Janzens Lawncare, of Aylmer, Ontario, at a cost of $1,745.00 per cut& landscape maintenance(plus HST) for all of the Township properties; AND THAT the Mayor and the Clerkbe authorized and directed to take the necessary actions to enter into an agreement with Janzen Lawncare with respect to the TownshipParks and Lawn Maintenance Contract for the 2021, 2022 and 2023seasons. Background: Tenders were called for the 2021-2023Township Parks and Lawn Maintenance Contract. The scope of this contract is for the supply of all labour and equipment required to cut grass and maintain landscape at the specified Township properties such er week, whichever occurs first. Landscape maintenance for five Township Properties was requested provisionally to include the work atMalahide Community Place, South Dorchester Community Hall, Memorial / Cenotaph Park in Springfield, Wonnacott Park in Port Bruce,and the South Fire Hall. Comments/Analysis: The Township of Malahide received four(5) bids for this contract (see attached tender comparison summary). The contractors could bid on all Township propertiesand were required to provide an hourly rate for other work that may be required for items not included in the contract. 42 The Municipal Staff had considered including a second summer student for additional maintenance and landscaping in the 2021 Budget, however believed it to be more cost effective to request a provisional price for contracted landscape maintenance from contractors.Some tenderers included this landscape maintenance directly in their cut price for the 5 properties, and others did not include the provisional price.Proponents were also required to provide proof of insurance, a list of references, and an equipment list for t The lowest bidder, Natures Choice Lawn Care & Irrigation, of Tillsonburg, Ontario, did not include the requested provisional price for landscape maintenance.Natures Choice Lawn Care & Irrigation have beenhired as theContractor for the past six (6) years and over the past two season have had many deficiencies/concerns with their performance. The request for tender document does not require the Township to select the lowest bidder, citing past performance. Janzen Lawncare, of Aylmer, Ontario, was the second lowest bidder, and included landscape maintenance in their cut costs, providing a complete lawn maintenance package for the requested propertiesThe Staff are satisfied with the submitted bid from Janzen Lawncare, of Aylmer, Ontario,at a cost of $1,745.00percutincluding landscape maintenance (plus HST) for the Township properties. Financial Implications to Budget: The proposed bid falls within the approved 2021lawn maintenance budget amount and should have no negative impact on the overall 2021Budget as previously adopted by the Council. 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 Local Government. Decisionfacilitating this proposal the Council is achieving this goal. Submitted by:Approved by:Approved For Council: Chris Cox, Matt Sweetland, P.Eng., Facilities CoordinatorDirector of Public Works bƚƷĻƭ WğƓǩĻƓ źƓĭƌǒķĻƭ ƌğƓķƭĭğƦĻ {ƷƚƉĻγƭ LƓĭƌǒķĻƭ ƌğƓķƭĭğƦĻ ağźƓƷĻƓğƓĭĻ ĭƚƭƷ źƭ ĬğƭĻķ ƚƓ Ћ ŷƩƭ WğƓǩĻƓ ε {ƷƚƉĻγƭ LƓĭƌǒķĻƭ ƌğƓķƭĭğƦĻWğƓǩĻƓ ε {ƷƚƉĻγƭ LƓĭƌǒķĻƭ ƌğƓķƭĭğƦĻWğƓǩĻƓ ε {ƷƚƉĻγƭ LƓĭƌǒķĻƭ ƌğƓķƭĭğƦĻWğƓǩĻƓ ε {ƷƚƉĻγƭ LƓĭƌǒķĻƭ ƌğƓķƭĭğƦĻ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ ağźƓĻƓğƓĭĻ {ƷƚƉĻγƭ \[ğǞƓ /ğƩĻ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ DƩğƭƭ ε ağźƓƷĻƓğƓĭĻ υ ЋͲЊВЉ͵ЉЉ υ БЉ͵ЉЉ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ ağźƓƷĻƓğƓĭĻ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ DƩğƭƭ bğƷǒƩĻγƭ /ŷƚźĭĻ \[ğǞƓ /ğƩĻ υ ЊͲЎЊЎ͵ЉЉ υ ЎЉ͵ЉЉ 43 Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ ĻƓķĻƩ /ƚƒƦğƩźƭƚƓ ağźƓƷĻƓğƓĭĻ ЋЉЋЊΏЋЉЋЌ {ĻğƭƚƓ ağźƓƷĻƓğƓĭĻ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ DƩğƭƭ /ƚƒƦğƓǤ bğƒĻ bƚƩƷŷ /ƚǒƓƷƩǤ tƩƚƦĻƩƷǤ υ ЌͲЋЋЎ͵ЉЉ υ ЏЉ͵ЉЉ tğƩƉƭ ğƓķ \[ğǞƓ ağźƓƷĻƓğĭĻ Ώ DƩğƭƭ /ǒƷƷźƓŭ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ ağźƓƷĻƓğƓĭĻ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ DƩğƭƭ YĻƷƷƌĻ /ƩĻĻƉ \[ğƓķƭĭğƦĻ υ ЋͲЊАЎ͵ЉЉ υ ЏЉ͵ЉЉ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ Ώ WğƓǩĻƓ \[ğǞƓ /ğƩĻ υ ЊͲАЍЎ͵ЉЉ DƩğƭƭ ε ağźƓƷĻƓğƓĭĻ υ ЌЉ͵ЉЉ {ƷĻǞğƩƷ /ĻƒĻƷĻƩǤbƚƩƷŷ {ŷƚƦ{5/I ε {ƷğƷźƚƓ ϔЍa/t ε .ğƌƌ 5źğƒƚƓķtźƚƓĻĻƩ /ĻƒĻƷĻƩǤ/ĻƓƚƷğƦŷ tğƩƉCźƩĻ {ƷğƷźƚƓ ϔЌaźƌƌ {Ʒ tğƩƉƩğĭĻǤ {Ʒ tğƩƉ{ƦƩźƓŭŅźĻƌķ tǒƒƦ {ƷƓWğŅŅğ /ĻƒĻƷĻƩǤah tƩƚƦĻƩƷǤ‘ƚƓğĭƚƷƷ tğƩƉwƚŭĻƩƭ /ĻƒĻƷĻƩǤ{ƚǒƷŷ {ŷƚƦ{ƚǒƷŷ CźƩĻ IğƌƌƩźƓźƷǤ /ĻƒĻƷĻƩǤvǒğƉĻƩ /ĻƒĻƷĻƩǤDƩƚǝĻƭĻƓķ /ĻƒĻƷĻƩǤ‘ğƷĻƩ ƚǞĻƩ.ĻƩĻğƓ /ĻƒĻƷĻƩǤ\[ğƉĻǝźĻǞ /ĻƒĻƷĻƩǤ/ƚƦĻƓŷğŭĻƓ {ƷƚƩƒ tƚƓķ.ǒƩķźĭƉ /ĻƒĻƷĻƩǤtƚƩƷ .ƩǒĭĻ tƩƚǝźƓĭźğƌ tğƩƉDĻƓĻƩğƌ wğƷĻ ƦĻƩ ŷƚǒƩƚƷğƌ /ƚƭƷ ƚƓĻ ĭǒƷ Ή ƌğƓķƭĭğƦĻ ƒğźƓƷĻƓğƓĭĻ ƦĻƩ ƦƩƚƦĻƩƷǤ 44 Report toCouncil REPORT NO.:PW-21-05 DATE: January 8, 2021 ATTACHMENT:None SUBJECT:Port Bruce Temporary Boat Launch Removal Consideration Recommendation: THAT Report No. PW-21-05Port Bruce Temporary Boat Launch Removal Considerationbe received; AND THATthe Township Staff be directed to advise Elgin County Council that the Township of Malahide Council recommends the removal of the temporary boat launch located on the north side of Catfish Creek on Bank Street in PortBruce, consistent with the requirements of the agreement between Elgin County and the Ministry of Natural Resources and Forestry; AND THAT Township Staff be directed to notify the Port Bruce Ratepayers Association of this decision. Background: TheMalahide Council directed the Staffto review and provide a recommendation relating to the correspondence received by Council,on December 3, 2002,from the Port Bruce Ratepayers Association requesting that the temporary boat launch installed by the County of Elgin,on the north side of Catfish Creekon Bank Street in Port Bruce, remain as a permanent boat launch for non-motorized watercraft. Comments/Analysis: As the Council is aware, the Ministry of Natural Resources and Forestry allowed the County of Elgin to install a boat launch for temporary purposes to the benefit of North Erie Marina to continue operations during the construction of the Imperial Road bridge, with the condition that the launch be removed and the area disturbed be restored to pre- existing condition or better before expiry of the approval authorization period ending June 27, 2021, or 30 days from the date of the new Imperial Bridge is opened to the public, whichever comes first. 45 At the meeting of Council on January 7, 2021, correspondence was received by Council from BL Baroudi Law, representing North Erie Marina, which indicated legal action would proceed if the temporary boat launch was not removed, as required by the Ministry of Natural Resources and Forestry as part of the exclusive agreement with North Erie Marina. As the lands in question are owned by the Township of Malahide, Township Council may wish to advise Elgin County that they wish pursue a new agreement whereby the temporary boat launch would remain in place, to be leased to a private entity for their use, or alternatively maintained and operated by the Township. Scenario 1 Leased to Private Entity The Staff have received feedbackfrom two of theboat ramp operators in Port Bruce (North Erie Marina, and Rush Creek Marina) via correspondence and email that they are not supportive of having the temporary boat launch retained. While they both have not commented specifically regarding the option for the Township to lease this space to a private entity for their exclusive use, it is not expected that such option would result in their support. In addition, thereare many challenges with retaining the boat launch at this locationincluding, but not limited to: -Poor location to consider motorized watercraft launch -Poor visibility loading and unloading vehicles -Absent of parking -Redundant ramps (do not need) -No interest. Scenario 2 Owned and Maintained by the Township of Malahide Consistent with the considerations mentioned by private operators, the Staff have similar concerns with this scenario. For the Township to own and operate the ramp, additional capital and maintenance costs would have to be incurred by the Township including: -Engineered inspection of the temporary boat launch to ensure the temporary ramps longevity for ongoing use beyond the term it was designed for -Any potential capital upgrades required for long term safe use -Land acquisition for road widening to facilitate construction of parking lane -Design and construction of parking lane -Signage installation and maintenance -Installation of concrete bollards/blocksto deter potential unmonitored use by motorized watercraft launch -Capital asset renewal funding -Increased insurance premiums to provide a boat ramp -Periodic in water work cleaning of debrisaccumulated. Additionally, the grassed lot requested for use of parking is not advisable as costly damages are possible when vehicles are allowed to park on an insufficientsurface.In appropriate engineering design is required in order to meet the requirement of a safe 46 entrance/exit location onto Imperial Road or Rush Creek Line, drainage design, and additionally meeting all Accessibility for Ontarians with Disability Act requirements. For the noted reasons above, the Staff recommend that Township Council advise the County Council that it has no objection to the removal of the temporary boat launch, noting that it is consistent with the requirements of the agreement between Elgin County and the Ministry of Natural Resources and Forestry.Additionally, there is ahigh potential for costly litigation as the request to retain the boat launch is contrary to the current agreement in place, which the private businesses have relied upon. As detailed in the letter received form the Port Bruce Ratepayers Association, the site at the south Imperial Road bridge abutment has been used in past years as a launchfor non-motorized watercraft. It is the Staffs recommendation that this arrangement continue, similar to the use beside many water crossings throughout the Township. Financial Implications to Budget: There is currently no provision in the 2020Budget for the Township to undertake the initiative of owning/operating/maintaining the boat ramp. In the event that the Council were to request Elgin County to renegotiate the current arrangement, it is anticipated that, among the financial considerations mentioned to operate and maintain the boat ramp, it is expected that the Township would also be party to legal action imposed by local businesses who have relied on the terms of the existing County agreement. Relationship to Cultivating Malahide: TheCultivating Malahide Integrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. the Staff believes thatthis consideration is better suited forgoal Financial Efficiency throughout Decision-. Proceeding to retain the boat launch has the potential for significant unbudgeted financial impact on both the Township and the County. Submitted by:Approved by: Matt Sweetland, P.Eng., Director of Public Works 47 Report toCouncil REPORT NO.:PW-21-06 DATE: January 8, 2021 ATTACHMENT:None SUBJECT:Reduced Load Exemption Consideration Recommendation: THAT Report No. PS-20-50ReducedLoad Exemption Consideration received; AND THAT Township Staff be requested to notify Antonissen Trucking of the recommended criteria,as outlinedin this report, to allow for the removal of reduced loading restrictions on a subject road segment; AND THAT Township Staff be directed to prepare an appropriate application form and fee schedule to allow a proponent to apply for the removal of reduced loading restrictions from a subject roadway, consistent with the criteria described in this report. Background: Pursuant to By-law No. 14-89, The Township establishes a Reduced Load Period for certainhighways within the Township between March 1 and ending on April 30 inclusive in each and every year, for the purposes of maintaining the integrity of the municipal road system during the spring freeze/thaw cycle which puts the road base at risk of premature failure when partnered with heavy loading. In years past, the Township has waived half-load restrictions to some applicants who have justified the need for an exemption, and paid deposits to the Township for possible damages to the road system. Circa April,2019, the Township was advised that while the Township has the ability to designate reduced load roads, aspecific exemption may only be granted under very strict criteria as outlinedin Section 110(1) of the Highway Traffic Act, R.S.O. 1990(the Act) which allows an exemption for only loads which cannot reasonably be divided. 48 Accordingly, the issuance of reduced load permits ceased following clarification of the Act. Following a request received from Antonissen Trucking Inc.,at the regular meeting of Council on March 5, 2020,requesting consideration of an adjustment to half load restrictions on Sparta Line, the Municipal Staff have reviewed the allowable considerations of the above program. Comments/Analysis: The Highway Traffic Act (Sec 122) allows Municipalities to designate reduced load roads by by-law, however exemptions to the by-law may only be made for: aload, object or structure that cannot reasonably be dividedand moved within those limits a.Vehicles operated by or on behalf of a municipality or other authority having jurisdiction and control of a highway b.Vehicles used exclusively for the transportation of milk c.Fire apparatus d.Public utility emergency vehicles. The requirements for allowing exemption to reduce loading on roadways is limitingas described, and accordingly a Municipal Council may removethe reduced load restriction on a given roadsegmententirely, or portion thereof to allow full exemption to all users. The Municipal Staff recommend continuing with the current program forall Township Roads designated as reduced load from March 1 to April 30 inclusive in each and every year in an effort to reduce damage to roadways and extend their lifecycle replacement as the purpose of these restrictions are strictly for the protection of the municipal roadway infrastructure, funded by all ratepayers. ProposedAmendment As the purpose of the reduced load restriction is to protect the longevity of the roadway infrastructure, investigation is possible to evaluate the condition of a subject roadway section to determine the suitability to carry fully loaded vehicles, and the resulting decreased lifecycle due to a predetermined loading weight/frequency scenario. Understanding that life and industry continues to operate during this period between March 1and April 30 each year, the Township Staff propose the following method for an applicant to undertake in order for the Council to consider authorizinga portion of road to be declassified from the reduced load restriction. Upon application by a proponent to declassify a portion of roadway from the reduced loading restrictions, the Township will require that an applicant shall: 1.Engage the services of a Professional Engineer to evaluate the subject haul route for the purpose of evaluating the condition of the subject pavements in order to determine if they are suitable to carry the type of heavily loaded vehicles during the susceptible freeze/thaw period from March 1 April 30, and that the evaluation shall include: a.Non-destructive load/deflection testing, and/or coring of the existing surface at 250m intervals to determine current condition. 49 b.A recommendation of the remaining useful life of the subject road segment, compared to the expected life of a newly constructed road segment of the same type. c.Modelling of the proposed loading scenario/frequency/duration to assess the structural adequacy of the route, as well as the impact of the proposed loading. d.Prediction of the reduced life expectancy of the subject road segment due to the subject loadingscenario. 2.The Engineer shall also provide: a.Construction cost estimate to determine the cost in present dollars to reconstruct the subject road segment. b.Calculation of the dollar valuerequired now, at an assumed 2% earned interest rate to construct the road segment at the end of its currentuseful life. c.Calculation of the dollar value required now, at an assumed 2% earned interest rate to construct the road segment at the end of its reducedlife due to the proposed activity. 3.The difference between the dollar value calculated in 2b, and 2c,as approved by the Municipal Staff,will be the fee required to be paidby the proponent in order to remove the reduced loading restriction from the subject roadway segment. Other considerations may also be necessary in partnership with the above recommended criteria such as removing consideration for a 1 year period (or other term), and accordingly the fee would be reflect the period in question. The above rational will allow for the accurate modeling of the reduced lifecycle of the roadway segment to be determined in order for the proponent to adequately bearthe cost to which they receive the direct benefit of, and not proportionally impact the ratepayers of the Township. Summary: A request was received by the Council from AntonissenTrucking to consider removing half load restriction from a subject roadway(Sparta Line).The Township Staff have reviewed the requirements of the Highway Traffic Act as it relates to half load restrictions, and developed criteria to allow the Council toresponsibly consider approval of such a request without burdening the non-benefiting ratepayers, or taking on additional financial burden of reduced roadway life expectancy, as described herein. Financial Implications to Budget: there will be no costs associated with allowing a road segment to be removed from reduced loading restrictions. Relationship to Cultivating Malahide: 50 The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. Financial Efficiency throughout Decision achieve this goal. Submitted by:Approved for Council: Matt Sweetland, P.Eng. Director of Physical Services 51 Report toCouncil REPORT NO.:PW-20-01 DATE: January 13, 2021 ATTACHMENT:Tender Evaluation Summary SUBJECT:Contract Award 2021-2027 Curbside Waste Collection Recommendation: THAT Report No. PW-20-01Contract Award 2021 2027 Curbside Waste be received; AND THATthe contract for the 2021-2027 Curbside Waste and Recycling CollectionProgrambe awarded to Millar Waste Systems, of London,Ontario, in the amount of $549,974.48per year subject to annual CPI adjustment(excluding applicable taxes); AND THAT the Mayor and Clerk be authorized to enter into a 7 year contract for the collection of curbside garbage and recycling, leaf and yard waste, and bulk bin collection for the 2021-2027 period;it being noted that the contract allows the Council an option to negotiate with the Contractor for 2one-year extension periods if it so chooses; AND THAT any resulting shortfall in the 2021 Waste Management Budget be funded from the Operating Capital Reserve. Background: As the Council is aware, the current Waste Management Collection Contract is nearing completion. The Staff were authorized bythe Council in January,2019to prepare and issue a Request for Proposal (RFP) to procure a new Waste Collection Contractor, subject to negotiations with the current Contractor (Antonissen Trucking). At that time, the existing Contractor agreed to a two year contract extension, resulting in the abandonment of the RFP process in 2019. The Antonissen Trucking Contract expires as of June1, 2021,theyhave advised the Township that they did not wish to negotiate a new contract. Accordingly,the Staff prepared an RFP to procure a new Curbside Waste Collection Contractor, which was 52 issued in November of 2020, in accordance withthe terms directed by Report PS-19-03, work program, while meeting the requirements of the Township. Comments/Analysis: A Request for Proposal was prepared by the Township Staff,and posted to the Township website, Aylmer Express and Bidsand Tenders websiteon November 2, 2020 and closed on December 15, 2020.The Township received a total 4 proposals for this project (see attached tender evaluation summary). The blue box transition program complicates the contract, by transitioning to full producer responsibility at the Townships desired year of 2023 (mid-Contract). Proponents were afforded the opportunity to propose their own transition program, and/or advise the Township stranded capital costs, rather than assuming this risk into each contract year collection rate. As indicated in the 2020 Waste Management Master Plan, the RFP requested proponents to consider alternate pricing for bi-weekly winter garbage collection. The proposal evaluation process revealed this arrangement is not financially feasible from a fleet management perspective (1 vehicle required in week one, 3 vehicles required in week 2). Proposal Scoring The RFP document was prepared using a two envelope system wherein a proponent must meet the The two envelope system ensures that proponents understand the terms of the RFP and provide sufficient information and detail to assure the Township of their ability to undertake the work, rather than relying solely on selecting the lowest bid. The technical proposals were measured in categories receiving various weighting of importance which proponents were advised of within the RFP document including: Initial screening for required submittal documents Criteria 1 -30% score for Project Team Experience and Capability(including references) Criteria 2 -60% score for Operational Details Criteria 3 -10% score for Proposal Quality. For those proposals scoring at least 75% on Criteria 1 and 2, and 80%overall, determination of a combined technical and financialscore out of 100 was calculated using a weighting score based on 45% for Technical Proposal and 55% for Financial Proposal. There were 3 very comprehensive proposals received, scoring 100%, 99%, and 96% on the technical proposals. One proponent submittedincomplete documents and did not attain the minimum 80% score to warrant opening a financial proposal. 53 Summary of Top TwoRated Work Programs 1.Millar Waste Systems Option 3 Open Scope; Proposal Score = 100/100 As detailed in the enclosed tender comparison, the proposal received from Millar Waste System scored 100% on the technical proposal, meeting all requirements of the RFP and receiving 45 points. Their low bid received a further 55 points for a total of 100 points. The Open Scope work program includes weekly garbage pickup and the co-collection of both recycling and garbage by alternating recycling into a week 1 and week 2 schedule. Week 1 would include containers and week 2 would be for fibre collection, while garbage would be collected weekly. Millar Waste Systems currently operates from 35 facilities throughout Ontario, andhave proposed a full service team including a designated District Manager, Contract Manager, Fleet Manager, Route Supervisor, 2 Contract Admin Staff, and 2 Collection Vehicle drivers, while also leveraging a Regional Equipment Manager, and Safety Trainer.Drivers are subject to a significant training program prior to commencing their routes. The Contract will also include 2 new collection vehicles (to be ordered upon award), one 5 year old spare collection vehicle and a 2020 yearpickuptruckfor contingency purposes if a collection stop is missed.The collection vehicles are equipped with GIS services and video collection GPS systems allowing Miller Admin Staff to track problematic areas and maximize collection efficiencies throughout the term of the contract. The Open Scope proposal to include alternating recycling seeks to improve diversion rates by ensuring residents are more aware of what goes into therecycling stream, and is directly in line with the Townships 2020 Waste Management Master Plan which intendsto improve upon the current 29% diversion rate, targeting a 40% diversion rate by the year 2025. The president of Miller Waste Systems is Chair of the Board of the Ontario Waste Management Association, providing guidance to the Ministry of Environment, Conservation and Parks on the blue box transition program, which assists the Township to ensurean efficient and cost effective blue-box transition, in whichever arrangement is handed down. Additionally, Millar Waste Systems submitted the lowest price buyout amounts per year, should a renegotiated contract upon transition not be feasible. Millar Waste Systems supplied considerable references of similar and greater size value contracts to the Township, as well,the Township has workedwith Millar as the operator of the Material Recovery Facility (MRF) where the Townships recycling is deposited. 2.Emterra Environmental Option 2 Open Scope, Proposal Score = 97/100 The second place proposal received from Emterra Environmental scored 96% on the technical proposal, meeting nearly all requirements of the RFP and receiving 43 points. Their second place financial bid received 54points for a total of 97points. 54 The Open Scope work program includes a four-day collection schedule rather than the current 5 day collection, receiving garbage and recycling weekly using the current 2- stream cycle. Emterra Environmental currently operates over 15 collection and post-collection municipal contracts in Ontario, and over fifty in Canada. Theyhave proposed a full service team including a designated District Operations Manager, Route Supervisor, Fleet Maintenance Manager,2 Contract Admin Staff, and 2 Collection Vehicle drivers (+1 spare).Drivers are subject to a significant training program prior to commencing their routes. The Contract will include existing fleet (2-6 years old) for collectionand a 2020 Ford pickup for contingency purposes if a collection stopis missed. The collection vehicles are equipped with GIS services and video collection GPS systems allowing Emterra Admin Staff to track problematic areas and maximize collection efficiencies throughout the term of the contract. The Open Scope proposal includes a 4 day collection schedule, in an effort to provide financial savings vs. a 5 day schedule. Emterra Environmental has been an active participant in the stakeholder consultation process relating to the Blue Box Transition programandis poised to continue good service following the Townships transition, as evidenced by assisting other contracts with prior transition responsibilities. Emterra Environmental supplied a number of references with substantially higher value contracts than the Townships scope. Summary As detailed above, the highest scoring proposals introduce change to the current waste collection arrangement. The highest scoring, and lowest cost proposal submitted by Millar Waste Systems is directly in line with the Townships 2020Waste Management Master Plan seeking to introduce low cost changes in aneffort to increase waste diversion rates. Accordingly, the Staff recommend awarding of the 2021-2027 Curbside Waste and Recycling Contract, including Collection of Leaf and Yard Waste, and Bulk Bin collection to Millar Waste Systems, for the Open Scope Option 3 proposal submitted for a Year 1 value of $549,974.48, subject to annual CPI adjustment. Financial Implications to Budget: The approved 2021 Budget allocation for waste, recycling, and leaf and yard waste collection is$375,870. The recommended highest scoring, lowest financial bid received from Millar Waste Systems amounts to $549,974 for year 1 (CPI adjusted for future years). When tender bids come in significantly higher than prior contracts or estimates, one option is to cancel the tender, and re-issue with amended deliverables. The terms of the tender document had already included the flexibility to submit various combinations. It should be noted that the current contractor (Antonissen Trucking) indicated that a major 55 factor influencing their decision to not continue the existing waste collection contract was the need to significantly increase the collection price, in spite of guaranteed business for seven years. The Staff do not anticipate any significant benefit from re-tendering, and do not recommend this course of action. Further, delaying the tender award could affect the necessary equipment and manpower in time for our start date of June,2021. As the current collection contractis valid until May 31, 2021,the impact of the new contract price on the 2021 Budget is estimated at $75,500 for the 7 months of the new contract period. The Staff recommend that this shortfall be funded from the Working Capital Reserve. This will ensure that there is a smooth transition from one contractor to the other and essential services continue to be delivered without any adverse impact on the community. The Staff will review theWaste Management Budget for subsequent years along with all the other service areas, as part of the regular budget processfor 2022. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the Embody Financial Efficiency throughout Decision-MakingSecuring service providers using a competitive procurement practice achieves this goal. Submitted by:Approved by: Matt Sweetland, P.Eng., Director of Physical Services ----- -- 5 3967 Yes N/A 22.5 N/A Management Canadian Waste 1 yesyesyesyes 55 100 549,974.48 Recycling Open Scope $ Week 1 / Week 2 3 306010 45 yesyesyesyes 5095 Yes 100 603,964.36 Garbage Provisional Millar Waste Biweekly Winter $ 5 yesyesyesyes 4691 656,886.04 Option 1 5 Day Pickup $ 7 yesyesyesyes 2974 1,044,974.28 Open Scope $ Automated Pickup 9 306099 Yes 45 Waste Management 6 yesyesyesyes 3479 889,780.08 Option 1 5 Day Pickup $ 56 2 yesyesyesyes 5497 562,736.94 Open Scope 4 Day Pickup WASTE COLLECTION RFP $ Tender Evaluation Summary 28591096 Yes 43 4 yesyesyesyes 5195 591,970.47 EMTERRA Environmental Option 1 5 Day Pickup $ - 4580 22.5 RANK: Score Required Minimum Total Score Criteria Technical Proposal Points (Max 45)Financial Proposal Points (Max 55) ĻĭŷƓźĭğƌ tƩƚƦƚƭğƌ 9ǝğƌǒğƷźƚƓ{ĭƩĻĻƓźƓŭ ŅƚƩ {ƦĻĭźŅźĻķ ağƓķğƷƚƩǤ wĻƨǒźƩĻƒĻƓƷƭtƩƚƆĻĭƷ Ļğƒ 9ǣƦĻƩźĻƓĭĻ ğƓķ /ğƦğĬźƌźƷǤ ΛЌЉіΜhƦĻƩğƷźƚƓğƌ 5ĻƷğźƌƭ ΛЏЉіΜtƩƚƦƚƭğƌ vǒğƌźƷǤ ΛЊЉіΜĻĭŷƓźĭğƌ tƩƚƦƚƭğƌ ƚƷğƌCźƓğƓĭźğƌ tƩƚƦƚƭğƌ 9ǝğƌǒğƷźƚƓ/ǒƩĬƭźķĻ /ƚƌƌĻĭƷźƚƓ ƚŅ wĻĭǤĭƌğĬƌĻƭ/ǒƩĬƭźķĻ /ƚƌƌĻĭƷźƚƓƚŅ DğƩĬğŭĻ/ǒƩĬƭźķĻ /ƚƌƌĻĭƷźƚƓ ƚŅ \[ĻğǝĻ ğƓķ —ğƩķ ‘ğƭƷĻ.ǒƌƉ .źƓ /ƚƌƌĻĭƷźƚƓ—ĻğƩ Њ ƚƷğƌ 57 Report toCouncil REPORT NO.:DS-21-06 DATE: January 21, 2021 ATTACHMENT:N/A SUBJECT:2020BUILDING PERMIT ACTIVITY REPORT ______________________________________________________________________ Recommndation: THAT Report No. DS-21-06 entitledBuilding Permit Activity Reportbe received. Background: The purpose of this Report is to provide the Council with an update on Building Permit and Development Activity throughout the Township for the 2020calendar year; and to also compare current activity levels with past years. Comments/Analysis: Total Building Permit Values 2009 -2020 YearTotal PermitsNew Home Construction StartsValue 200916427$15,148,250 201015534$14,786,000 201117026$14,718,835 201215418$10,846,955 201312621$10,759,437 201416923$14,324,500 201517821$17,339,500 201618125$20,090,500 201724643$30,091,220 201822337$26,708,400 201917322$28,393,300 202023930$63,875,200 58 The Township of Malahide has maintained afairly consistent level of activity with respect to the issuance and enforcement of building permits over the previous ten (10) years. In 2012 and 2013, thenumbers reflected a small downturn in activity while 2017, 2018and 2020resulted insubstantial increasesin all types of construction. In 2020,despite the COVID-19 Pandemic, the Township experiencedalarge increase in overall permit numbersfrom the previous year. The large increase in the total 2020 construction valueshould be noted;$28,933,000 of this value is solely from the proposed addition and renovation project at Terrace Lodge. With this value removed, it leaves a construction value of $34,942,200. This is still quite an increase yetfairly consistent overthepast few years. Financial Implications to Budget: N/A. Relationship to Cultivating Malahide: The Cultivating MalahideIntegrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Local Government. responsible man The increase in activity, along with more complex building proposals, is a positive for the Township. The Development Services Department strives to meet the expectations of the Council, public, and the development community, all the while enforcing the requirements of the Ontario Building Code and Township By-laws. Submitted by:Reviewedby: Scott Sutherland,AdamBetteridge, Chief Building OfficialDirector of Development Services Manager of Building Services/By-law Enforcement Approved by: 59 Report toCouncil REPORT NO.:DS-21-05 DATE: January 21, 2021 ATTACHMENT:Proposal, Price List and draft By-law SUBJECT:SUPPLEMENTARYBUILDING CODE CONSULTANT SERVICE Recommendation: THAT Report No. DS-21-05Supplementary Building Code Consultant Service AND THATthe Municipal Staff be authorized to utilize RSM Building Consultants to provide support servicesto the Building Services Department on an as-needed basis as outlined in this report; AND THAT the Mayor and Clerk be authorized and directed to execute the necessary documents to engage the services of RSM Building Consultants. Background: Building permit activity in the Township continues to rise together with the complexity and dollar-value of construction projects. In recent months, with the resignation of the former Chief Building Officialand theresulting decreasein building inspection personnel, there have been some occasions when there has been insufficient time to enable the incumbent CBO to be able to effectively review plans and conduct necessary inspections in a thorough and timely manner. Whiletwo full-time Building Code professionalson Township Staffis not neededat this time,additional resources is required on anoccasionalbasis in order to ensure that allduties andresponsibilities of the CBO positionare able to be covered. is a private company that specializes in andoffersafull range of support services to meet individual municipal building department needs. RSM has been providing plans review and onsite building inspections since 2009, andis one of only twoknownregistered building code agencies in the Province of Ontario.RSM canprovided these services to municipalities on an as-needed basis. 60 Comments/Analysis: Available Staffing Resources This development community with regards to land-use planning. However,given that the -certified and acted as the CBO for the Township, the current numberof staff able to review and issue building permits, and conduct inspections, etc. has been reducedto one.Prior to the departure of the former Director, the Township deployed a staff complement of approximately 1.5 personsper dayto building services matters. The Township is currently deficient by approximately 0.5 person, and this is further compoundeddue to the fact that the CBO also deals with by- law enforcement matters for the Township. As the Council is aware, the recently completed ery & Organizational Reviewrecommendedthat Malahide look into broadening shared building (as well as planningand by-law enforcement)services with the Municipality of Bayham.This proposed partnership with Bayham is expected to address the current personnel deficiency in the Building Department. Although the Staff continue to explore thisoption with Bayham, the recommendation of this report will allow the Building Services Department to maintain appropriate service levels until a more permanent solution is established. Further, the Township continues to hold a shared-building services agreement with the other lower-tier municipalities in the County of Elgin. The primary purpose of this agreement is to allow those municipalities to cover for each other for vacation time. The agreement also allows assistance to one another during special circumstances on a reciprocal basis. Where opportunities exist, the CBO continues to employ this agreement primarily with the neighbouring municipalities. Recommended Supplementary Resources The recommended approach at this juncture would be to allow the to gain access to supplementary inspections and plans review support on an as-needed statutory obligations under the Ontario Building Code Act, 1992, S.O. 1992, c. 23 (the Building Code Act. An example where a supplementary building department consultant service could immediately assist is with more complex proposals. Such proposals consume considerably more review and inspection time of the CBO, which can jeopardize provincially legislated timelines being met for all other permit applications in the queue. A consultant could not only provide relief to the CBO, but also ensure the proponent is obtaining quick and thorough review and approvals. Also, the OBC is constantly evolving and becoming more technical. A consultant expertise would also provide the Department with access to quick technical advice and 61 code interpretation so to keep development approvals moving in a timely, yet safe manner. Potential Consultants/Proposals Of the two known agencies that could provide such supplementary service, there is only oneknown company currently active in Southwestern Ontario , of Kitchener, Ontario.The other possible company, Permit, is located in Mississauga, Ontario. The Municipal Staff reached out to both companies to obtain a proposal for service. RSM has submitted the attached proposal, price list and draft by-law. While Staff attempted to contact Ontario Building Permits Review Inc.on multiple occasions, there was no response to any of the inquiries. RSMhas been appointed by the Director of the Building and Development Branch of the Ministry of Municipal Affairs and Housing, and has provided services for a number of municipalities in this area (and beyond) including the Town of Aylmer, City of St. Thomas,Township of Adelaide Metcalfe, and City of Stratford. many have advised that they have municipalities. Due to the factthat RSM is the only firm that responded to Staff inquiries and provides services closest to this area, the Staff are recommending solesourcing such services from RSMBuilding Consultants in accordance withProcurement By-law. The Staff have also considered utilizing recently-retired building inspectors, however given that RSM has demonstrated experience and remain trained and educated with current building trends and code updates, the Staff are recommending RSM over seeking to hireand/orcontractany recently-retired building inspector. only on an as-needed basis. The reciprocal agreement in place with the other municipalitiesto deal with vacationsremains in place, and the not be at the Township on a reoccurring schedule as their assistance/need to the Township is not regular; such services would be employed simply to maintain departmental efficiency and ensure development inMalahide is not burdened by delays. Although there is no time frame or contract to enter into with RSM, it is expected that RSM would be utilized primarily while the Township seeks to secure more permanent options with its municipal neighbours. Ifthe Council supports the recommendations of this report, a by-law will need to be passed to appoint certain RSM staff as Building Officials in accordance with the Building Code Act. 62 Financial Implications to Budget: Provisions for an additional building inspector havebeenincludedsince 2018in the Multi-YearBudgetand therefore the approval of this project will have no impact on the budget as previously adopted by the Council. In addition, no increase is required to building permit fee amounts. Withprovision as noted above in the Multi-Year Budget,the current building permit fees are sufficient to cover the consulting coststhat may beincurred. 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. Our Government exploringpartnerships with regional public and private sector entities to effectively fill any gaps that may exist in the delivery of services. Submitted by:Approved by: Adam Betteridge, Director of Development Services 63 SERVICEPROPOSAL Date: December 18th, 2020 Preparedfor: Township of Malahide Plans Examination and Building Code Inspection Services Preparedby: RSMBuildingConsultants Kitchener,Ontario (519)496-1434 GeraldMoore,CET,CBCO,CRBO General Manager BuildingCodeQualified#19949 gerald@rsmbuildingconsultants.com 1 ServiceProposalTownship of Malahide December 2020 64 INTRODUCTION RSMBuildingConsultantsispleasedtosubmitthisproposaltotheTownship of Malahide. Ourcompany willprovidethenecessaryresourcesandknowledgetocarryouttheprovinciallymandatedenforcement oftheBuildingCodeActasassigned. SERVICES REQUESTED Plans Examination RSM will provide off-site plans examination services to the Township of Malahide, reviewing for compliance with the Ontario Building Code. Electronic or paper plans can be accommodated. Plans examination staff will review and identify any deficiencies by preparing a technical review letter to the applicant. Correspondence will go back and forth until RSM is satisfied with the submitted drawings and recommend approval to the chief building official. Inspection Services RSM will act as a building official to support the Township. The duties will be as follows: Provide on-site inspections to monitor for visual building code deficiencies Provide inspection reports to the site and Township Manage the general field review from the consultants to ensure compliance with the Ontario Building Code. Ensure the proper documentation is received from the design consultants, manufactures and testing agencies to provide compliance with the OBC. Recommendations will be provided to the chief building official regarding occupancy of the building. On-site Inspections will be determined at the discretion of the Chief Building Official. STAFF FOR PROJECT Gerald Moore, CET, CBCO, CRBO Construction Engineering Technology and has inspected thousands of buildings. He has had the role of plans examiner, inspector and chief building official for large and small municipalities. Gerald has completed several plans examinations and inspections for large and complex buildings including the South West Forensic Mental Health Facility in St Thomas Ontario. This building was over 250,000 square foot hospital/jail with many complex building systems. Mike McKean (Building Inspector) a majority of it was spent with the City of Waterloo Building Department. Recently Mike has overseen the construction of many complex and large buildings. Prior to this Mike inspected thousands of residential buildings and provides not only extensive experience but is able to share this with young staff. Rick Block, CBCO (Building Inspector) pent in the City of Guelph and Waterloo Building Departments. Recently Rick has overseen the construction of many 2 ServiceProposalTownship of Malahide December 2020 65 complex and large buildings. In addition, Rick has inspected thousands of residential buildings in his career and provides not only extensive experience but is able to share this with young staff. Paul Hillenaar, CBCO (Backup Building Inspector) includes many large and complex buildings including apartment buildings, malls and hospitals. In addition to his large Township experience he has worked with many small municipalities understanding the different approaches required. Plans Examination Support Staff All plans examiners on the team are qualified and experienced in the areas that they provide services. Projects will be assigned to plans examiners based on the required qualifications and experience needed. All projects will be under the supervision of the Director of Plans Examination. Key RSM Support Personnel Beth Moore Director of Operations Sarah Kitzman Permit Co-Ordinator Barb Gardham Finance Karri-Anne Read Office Administrator RSM will provide the necessary insurance and WSIB coverage for the staff provided for this project. CONSULTING FEES Hourly rate: $135 per hour including travel time. Mileage: $0.60 per km Plans Examination Services as per the attached price list. InvoiceswillbesubmittedtotheTownshipforpaymentattheendofeachmonth.Paymentwillbedue uponreceiptoftheinvoice.HSTisextra. APPOINTMENT BYLAW The staff of RSM Building Consultants will need to be appointed as building officials as per Section 3-(2) of the Building Code Act. The following staff will need to be appointed: Gerald Moore, Barbara Mocny, Grant Schwartzentruber, Mike McKean, Richard Block, Paul Hillenaar, John Drahorat and Don Johnson. Respectfullysubmitted, RSMBUILDINGCONSULTANTS GeraldMoore,CET,CBCO,CRBO General Manager BCINQualificationNo.19949 3 ServiceProposalTownship of Malahide December 2020 66 67 Being a by-law to appoint Building Officials under the Building Code Act for the Corporation of the Township of Malahide Date: ____________ WHERAS: pursuant to Section 3(2) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, the Council shall appoint a Chief Building Official and such inspectors as are necessary for the enforcement of this Act; AND WHEEAS it is deemed necessary to appoint Deputy Chief Building Officials for the purpose of carrying out or enforcing regulations in accordance with the Building Code Act within the Corporation of Township of Malahide. NOW THEREFORE be it enacted by the Council of the Corporation of the Township of Malahide as follows: 1.That pursuant to the Building Code Act, Gerald Moore, Barbara Mocny, Rick Block, Mike McKean, Paul Hillenaar, Grant Schwartzentruber, John Drahorat and Don Johnson be and is/are hereby appointed as Building Official(s) under the Building Code Act for the Corporation of the Township of Malahide for the purpose of carrying out or enforcing regulations in accordance with the Building Code Act. nd 2.That these appointments shall come into force and take effect on January 22, 2021 and shall remain in effect until such appointments are rescinded or successors are appointed. 68 Report toCouncil REPORT NO.:DS-21-07 DATE: January 21, 2021 ATTACHMENT:Proposed Site Sketch SUBJECT:WIRELESS TELECOMMUNICATION TOWER REQUEST FOR TOWNSHIP SUPPORT Recommendation: THAT Report No. DS-21-Telecommunication Tower AND THAT the Council of the Township of Malahide does hereby supportthe installation of theproposed Telecommunication Tower by Signum Wireless to be located at Part of Lots 22and 23,Concession 10, and municipally known as 51549 Ron McNeil Line. Background: The purpose of this report is to ob Telecommunication Tower proposed in the Township of Malahide in order for the to meet federally mandated public consultation protocol. Anew wireless telecommunication installation is proposed at 51549 Ron McNeil Line as illustrated on the attached site sketchandthe illustrations on the following pageof this report. This new location will improve cellular coverage and capacity in the area. Comments/Analysis: The Township of Malahide does not have a formal telecommunication tower protocol. In these cases, the federalprotocol is used. This involves public consultation and consultation with the local authorities such as the applicable Road Authority, Conservation Authority,and the Township. Such consultation was issued and completed by the proponent with no comments being received. 69 T-law does exempt such public utility towers from height restrictions, and will meet the zone front yard setback of 15 metres. As such,the Township Staff have reviewed the proposal and has no concerns with the proposedsite or location of the Tower.The Township Staff recommend that the Council support this proposal. If the Council supports the recommendation, the Staff will issue the necessary support resolution to the proponent so to meet the federally mandated public consultation protocol. Financial Implications to Budget: N/A. 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. Our LandProtect & . The proposed location of the tower will meet setbacks and has received no opposing comments fromneighbouring property owners. Telecommunication towers such as what is proposed are common within the Township and surrounding area. Submitted by:Approved by: Adam Betteridge, Director of Development Services 70 71 Report toCouncil REPORT NO.:FIN-21-03 DATE: January 15, 2021 ATTACHMENT:None SUBJECT:Applications for Assessment Adjustments under Section 357 of the Municipal Act, 2001 Recommendation: THAT Report No. FIN-21-03titledApplications for Assessment Adjustments under Section357of the Municipal Act, 2001 AND THAT, pursuant to Section 357 (a) and (d) of the Municipal Act, 2001,the following assessments be adjusted: 2019 ResidentialAssessment reduce by $527,558(tax class change residential to farm) 2019 Farmland Assessment increase by $489,985 (tax class change residential to farm and reduced farm value) 2020 Farmland Assessment decrease by $10,000 (removal of a greenhouse) 2020 Industrial Assessment decrease by $65,700 (removal of a bakery no longer operating) 2020 Residential Assessment increase by $65,700 (bakery removal tax class change industrial to residential). Background: As changes are made to individual properties such as removing buildings or changing the use of a property, ratepayers may submit anapplication for refund of taxes resulting from a revision to the assessed value of their property according to section 357 of the Municipal Act, 2001. MPAC undertakes any property inspections where requiredand provides the Township with information about the change in the valuation of assessments resulting from the applications. The Township reviews the changes in valuation and processes the applications to determine the amount of reduction in property taxes. Reductions will be applied first to any amounts outstanding on account and then to current tax installments. Any credit remaining will be refunded to property owners bycheque. 72 As required under the Municipal Act, 2001, notice has been issued via regular mail that the Section 357 applications will be heard by theCouncil at the January 21, 2021 virtual meeting. Financial Implications to Budget: The total reductionin property taxes is $6,545.92of which $3,034.72pertainsto the Township. The approved 2021Budget includes$80,000 for any potential reductions in property taxessuch as these.So far in 2021,there have been no reductions.Thus, the approval of these reductions is within the approved budget. Relationship to Cultivating Malahide: The Cultivating MalahideIntegrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Property Taxes areone of the legislated sources of municipal revenues to provide for municipal services and amenities. When changes by MPAC occur mid-year,the Municipal Staffbrings forward the applicable tax adjustments to the Council so that the ratepayers receive the benefit of the change to property assessment in a timely fashion. Submitted by:Approved by:Approved for Council: Tanya HooverArundhatiMohile, Deputy Treasurer Director of Finance/ Chief Administrative Officer / Clerk Treasurer 73 74 75 76 77 78 79 80 81 82 83 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 21-10 Being a By-law to appoint Building Officials under The Building Code Act for the Township of Malahide. WHEREAS: pursuant to Section 3(2) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, the Council shall appoint a Chief Building Official and such inspectors as are necessary for the enforcement of this Act; AND WHEREAS it is deemed necessary to appoint Deputy Chief Building Officials for the purpose of carrying out or enforcing regulations in accordance with the Building Code Act within the Corporation of Township of Malahide. NOW THEREFORE be it enacted by the Council of the Corporation of the Township of Malahide as follows: 1.That pursuant to the Building Code Act, Gerald Moore, Barbara Mocny, Rick Block, Mike McKean, Paul Hillenaar, Grant Schwartzentruber, John Drahorat and Don Johnson be and is/are hereby appointed as Building Official(s) under the Building Code Act for the Corporation of the Township of Malahide for the purpose of carrying out or enforcing regulations in accordance with the Building Code Act. nd 2.That these appointments shall come into force and take effect on January 22, 2021 and shall remain in effect until such appointments are rescinded or successors are appointed. st READaFIRSTandSECONDtime this 21day of January, 2021. st READaTHIRDtime and FINALLY PASSEDthis 21day of January, 2021. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers 84 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.21-09 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,atitsregular meeting held on January 21,2021,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. st READaFIRSTandSECONDtime this21day of January,2021. st READaTHIRDtime and FINALLY PASSEDthis21day of January, 2021. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers