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Regular Council Agenda - 2021/02/04 The Corporation of the Township of Malahide A G E N D A February 4, 2021 7:30 p.m. Malahide Township Office 87 John Street 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. ** REMINDER: National Sweater Day is back! th On February 4, all municipal facilities will drop their heat by 3 degrees to help the planet! Wear your sweater and show your commitment! (A) Roll Call (B) Disclosure of Pecuniary Interest (C) Approval of Previous Minutes RES 1 (Pages 9 - 20) (D) Presentations/Delegations/Petitions (i) Meeting to Consider J. A. Charlton Drain 2020 relating to property at Part Lots 6 and 7, Concession 7, Geographic Township of South Dorchester. RES 2 - 4 (Pages 21 - 22) (ii) Public Meeting Rezoning Application of Gregory Max Underhill relating to property at Concession 2, East Part Lot 25, Township of Malahide, municipally known as 5031 Sawmill Road. RES 5 8 (Pages 23 - 38) (E) Reports of Departments (i)Director of Fire & Emergency Services - Malahide Fire and Emergency Services 2020 Year End Report. RES 9 (Pages 39 - 50) (ii) Director of Public Works - Tender Results Catfish Creek Drain Cleanout. RES 10 (Pages 51 - 53) - Request for Drain Improvement: McIntyre Petition. RES 11 (Pages 54 - 58) (iii) Director of Development Services - Outdoor Parking of Transport Trucks in Residential Zones. RES 12 (Pages 59 - 73) (iv) Director of Financial Services/Treasurer (iv) CAO/Clerk - Springfield Lioness to be Re-named to Springfield Swans. RES 13 (Pages 74 - 78) - Complaint Protocol Annual Report. RES 14 (Pages 79 - 85) - Compressed Work Week Policy Revision. RES 15 (Pages 86 - 88) (F) Reports of Committees/Outside Boards (G) Correspondence RES 16 1. Association of Municipalities of Ontario - Watch File dated January 21 and 28, 2021. (Pages C3 - 8) 2. Municipality of Grey Highlands and Town of Gore Bay Resolution requesting the Province to address seven insurance issues including replacement of joint and several liability; and investigate the unethical practice of preferred vendors. (Malahide Township Council supported a similar Resolution on January 21, 2021.) (Page C9 - 12) 3. Town of Plympton-Wyoming and Municipality of West Nipissing Resolution requesting the Province to address concerns regarding municipal drainage matters and the need for coordination with the national railways. (Malahide Council supported a similar Resolution on December 17, 2020.) (Pages C13 - 19) 4. Town of Plympton-Wyoming Resolution requesting the Province provide longer turnaround times for deadlines on grant applications. (Pages C20 - 22) 5. Municipality of Mississippi Mills Resolution requesting Province to review Municipal Elections Act to provide Clerks with clarity in addressing issues regarding additions to the voters list. (Pages C23 - 24) 6.United Counties of Stormont, Dundas & Glengarry, Township of South Stormont, and Township of North Glengarry Resolution requesting the Province to allow small businesses to reopen immediately with the required health guidelines and protocols in place for COVID-19. (Pages C25 - 27) 7. Township of Augusta Resolution requesting the Province to reverse their decision to close the Ontario Fire College as it is one of the best and most cost-effective methods for municipalities to train firefighters. (Pages C28 - 30) 8. Township of South-West Oxford Resolution requesting the Province to allow municipalities to use Automatic Speed Enforcement (aka Photo Radar). (Page C31) 9. County of Peterborough Resolution requesting the Province to deploy rapid testing into Long Term Care facilities and commit to vaccinating all Long Term Care Residents with dose by February 15. (Pages C32 - 33) 10. Town of Aylmer Notice of Public Meeting regarding 2 Minor Variance applications relating to the property at 142 South Street East. (Page C34 - 35) 11. Municipality of Central Elgin Notice of Passing of Zoning By-law Amendments relating to the following properties: - 6738 Quaker Road. (Page C36) - 45811 Fruit Ridge Line. (Page C36) (H) Other Business (I) By-laws (i) By-law No. 21-14 Agreement with Talbot Trails ATV Club for use of Township Roads. RES 17 (Pages 89 - 96) (J) Closed Session (K) Confirmatory By-law RES 18 (Page 97) (L) Adjournment RES 19 **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 February 4, 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 5 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 21, 2021be adopted as printed and circulated. 2.THAT th, as prepared by Spriet Associates and dated November 25, 2020, be accepted; AND THAT By-law No. 21-12,beinga by-law to provide for the J. A. CharltonDrain2020drainage works,be read a first and second time and provisionally adopted. 3.THAT the Court of Revision for the J. A. CharltonDrain2020 be scheduled to be held on March 4, 2021, at 7:30 p.m. 4.THAT the tenders for the construction of the J. A. Charlton Drain 2020 be requested for February 25, 2021 at 11:00 a.m. 5.THAT the Public Meeting concerning the Zoning By-law Amendment Application of Gregory Max Underhill,relating to the property located at Part Lot 25, Concession 2,be called to order at 7:____ p.m. 6.THAT the Public Meeting relating to Zoning By-law Amendment Applicationof Gregory Max Underhill,relating tothe property located at Part Lot 25, Concession 2, be adjourned and the Council meeting reconvene at 7:____ p.m. 7.THAT Report No. DS-21-08Zoning By-law Amendment Application of Gregory Underhill AND THAT the Zoning By-law Amendment Application of David Roe, on behalf of Gregory Underhill, relating to the property located at CON 2, E PT LOT 25, (Malahide), and known municipally as 5031 Sawmill Road, BE APPROVED for the reasons set out in this Report. 8.THAT By-law No. 21-11,being a By-law to amend Zoning By-law No. 18- 22 insofar as it relates to the property owned by Gregory Max Underhill, 6 located atPart Lot 25, Concession 2, be given first, second and third readings, and properly signed and sealed. 9.THAT Report No. F21-Services 10.THAT Report No. PW-21-Catfish Creek AND THAT the tender for the Catfish Creek Drain Cleanout be awarded to Cassidy Construction London Ltd., in the amount of $16,040.00 (exclusive of HST). 11.THAT Report No. PW-21- AND THAT John M. Spriet, P.Eng., of Spriet Associates Ltd., be appointed or this petition. 12.THAT Report No. DS-21- AND THAT the current Zoning By-law regulations for the parking of commercial vehicles in residential zones be maintained for the reasons set out in this Report; AND THAT the Council consider requests for outdoor parking of transport trucks in residential zones on a case-by-case basis in accordance with the Planning Act, RSO 1990. 13.THAT Report No. CAO-21- AND THAT the Policy for Founding Organizations be updated, effective June 1, 2021, to reflect the change in name of the Springfield Lioness Club to Springfield Swans Club. 14.THAT Report No. CAO-20- be received. 15.THAT the revised HR Policy C-1.3, entitled Compressed Work Week, be approved; AND THAT the Municipal Staff be requested to notify eligible Staff of the opportunity to opt in to a compressed work week schedule. 7 16.THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated January 21 and 28, 2021. 2.Municipality of Grey Highlands and Town of Gore Bay Resolution requesting the Province to address seven insurance issues including replacement of joint and several liability; and investigate the unethical practice of preferred vendors. (Malahide Township Council supported a similar Resolution on January 21, 2021.) 3.Town of Plympton-Wyoming and Municipality of West Nipissing Resolution requesting the Province to address concerns regarding municipal drainage matters and the need for coordination with the national railways. (Malahide Council supported a similar Resolution on December 17, 2020.) 4.Town of Plympton-Wyoming Resolution requesting the Province provide longer turnaround times for deadlines on grant applications. 5.Municipality of Mississippi Mills Resolution requesting Province to review Municipal Elections Act to provide Clerks with clarity in addressing issues regarding additions to the voters list. 6.United Counties of Stormont, Dundas & Glengarry, Township of South Stormont, andTownship of North Glengarry Resolution requesting the Province to allow small businesses to reopen immediately with the required health guidelines and protocols in place for COVID-19. 7.Township of Augusta Resolution requesting the Province to reverse their decision to close the Ontario Fire College as it is one of the best and most cost-effective methods for municipalities to train firefighters. 8.Township of South-West Oxford Resolution requesting the Province to allow municipalities to use Automatic Speed Enforcement (aka Photo Radar). 9.County of Peterborough Resolution requesting the Province to deploy rapid testing into Long Term Care facilities and commit to vaccinating all Long Term Care Residents with dose by February 15. 10.Town of Aylmer Notice of Public Meeting regarding 2 Minor Variance applications relating to the property at 142 South Street East. 11.Municipality of Central Elgin Notice of Passing of Zoning By-law Amendments relating to the following properties: 8 -6738 Quaker Road. -45811 Fruit Ridge Line 17.THAT By-law No. 21-14, being a By-law to enter into an Agreement with The Talbot Trail ATV Club Inc. to ensure the use of off-road vehicles within the Township of Malahide is orderly and lawful, be given first, second and third readings, and be properly signed and sealed. 18.THAT By-law No. 21-13, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. 19.THATtheCounciladjournits meetingat _______ p.m.to meet again on February 18, 2021, at 7:30 p.m. 9 21-23 January 21, 20217:30 p.m. ________________________________________________________________ The Malahide Township Council met via videoconference. TheDeputy Clerk and Councillor S. Lewis werepresent in the Township Office,87 John Street South, Aylmer, Ontario. Due to COVID-19 and public health concerns, public attendance was not permitted at thismeeting. The Mayor and other Members of Council 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 Members present in the Township Officeand via Videoconference: Councillor S. Lewis. Staff via Videoconference: Chief Administrative Officer/Clerk M. Casavecchia- Somers, Director of Financial Services A. Mohile, Director of Fire and Emergency Services B. Smith, Director of Public Works M. Sweetland, Director of DevelopmentServices A. Betteridge, Drainage Superintendent B. Lopez, Manager of Building and By-laws/CBO S. Sutherland, and Manager of Information Technology C. Coxen. Staff present in Township Officeand via Videoconference:Deputy Clerk D. Wilson. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTEREST andthe General Nature thereof: Councillor Widner disclosed a pecuniary interest with respect to Council Agenda Item (E)(ii) regarding the following Public Works Reports: -Report PS-21-04 Drainage UpdateReport;and -Report PW-21-08 Re-Appointment of Drainage Engineers. The nature ofthe conflict being that a Junior Partner at Spriet Associates is an immediate relative of his. 10 21-24 Mayor Mennill disclosed a pecuniary interest with respect to Council Agenda Item (E)(ii) regarding Report No. PW-21-03 Tender Results North VanWychen Drain.The nature of the conflict being that he is an assessed landowner on the drain. Councillor Glinski disclosed a pecuniary interest with respect to Council Agenda Item (E) (ii) regarding Report No. PS-21-03Tender Results North VanWychen Drain.The nature of the conflict being that he is an assessed landowner on the drain. MINUTES: No. 21-23 Moved by:Rick Cerna Seconded by:Scott Lewis THAT the minutes of the regular meeting of the Councilheld on January 7, 2021be adopted as printed and circulated. Carried. PRESENTATIONS/DELEGATIONS/PETITIONS: -Presentation Vet Kelly Pearson, Rosemary Kennedy, and Dawn McClintock, residentsof Springfield, appeared before the Council to present aproposal to install Vet KellyPearson advised that, together with Dawn McClintock and Rosemary Kennedy,they were working on a proposal to have erected on the hydro/streetlight poles in Springfield to honourand recognize the servicemen and women ofthe area that have served Canada. She advised that this project would require the sponsorship of each banner by a family, business or community member. Kelly Pearson requested the permission and assistance of theTownshipfor the annual installation and removal of the anners from the poles. They noted that once the banding was installedon the poles, it would provide the Township with the opportunity to add other seasonal banners. Councillor Mooresuggested that the Municipal Staff review existing agreements with Ontario Hydroregarding the usage of the hydro poles in Springfield. No. 21-24 Moved by:Max Moore 11 21-25 Seconded by:Chester Glinski THAT the presentation received from Kelly Pearson, Dawn McClintock,and Rosemary Kennedy be received; ANDTHAT the proposal be referred to Municipal Staff for further review and consideration and areport back to the Council at a future meeting. Carried. The Mayor thanked Kelly Pearson, Dawn McClintock,and Rosemary Kennedy fortheirpresentation and they retired from the meeting. REPORTS: Director of Fire and Emergency Services -Emergency Services Activity Report -December No. 21-25 Moved by:Mark Widner Seconded by:Scott Lewis THAT Report No. F-21-01e- Carried. Director of Public Works Councillor Widner declared a conflict of interest with respect to Council Agenda Item E (ii) relating the Drainage Update Report and the Re-Appointment of Drainage Engineers Various Drains, retired from the meeting,and abstained from all discussions and voting on the matter. -Drainage Update Report No. 21-26 Moved by:Rick Cerna Seconded by:Max Moore THAT Report No. PW-21- Carried. 12 21-26 -Re-Appointment of Drainage Engineers Various Drains No. 21-27 Moved by:Max Moore Seconded by:Scott Lewis THAT Report No. PW-21--appointment of Drainage Engineers Various D AND THAT Mike Devos, P.Eng, of Spriet Associates London Ltd.,be re- Line Drain (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- Evangelical Mennonite Mission Churchand Banman petition); AND THAT Peter Penner, P. Eng., of Cyril J. Demeyere Limited, be re- Branches D & E; AND THAT Mike Devos, P.Eng, of Spriet Associates London Ltd.,be re- appointed to (Lankhuijzen petition). AND THAT John M. Spriet, P.Eng, of Spriet Associates London Ltd.,be re- -Dance Drain (Township of Malahide petition). Carried. Councillor Widner resumed his seat in the Videoconference Council meeting. Mayor Mennill vacated the Chair and Deputy Mayor Giguère assumed it. -Tender Results North VanWychen Drain Cleanout Mayor Mennill and Councillor Glinski declared a conflict of interest with respect to Council Agenda Item E (ii) relating the Tender Results North VanWychen Drain Cleanout, retired from the meeting, and abstained from all discussions and voting on the matter. 13 21-27 No. 21-28 Moved by:Scott Lewis Seconded by:Rick Cerna THAT 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). Carried. Mayor Mennill and Councillor Glinskiresumed theirseatsin the Videoconference Council meeting and Mayor Mennill resumed the Chair. -Contract Award 2021-2023 Parks and Lawn Maintenance No. 21-29 Moved by:Max Moore Seconded by:Dominique Giguère THAT Report No. PW-21--2023 Parks and 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 2021, 2022,and 2023 seasons. Carried. -Port Bruce TemporaryBoat Launch Removal Consideration No. 21-30 Moved by:Scott Lewis Seconded by:Max Moore THAT Report No. PW-21- AND THAT the 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 14 21-28 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. Carried. -Reduced Load Exemption Consideration No. 21-31 Moved by:Dominique Giguère Seconded by:Rick Cerna 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; AND THAT Township Staff be directed to preparean 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. Carried. -Contract Award 2021 2027 Curbside Waste Collection In response to a request from the Mayor, the Council agreed to postpone consideration of Report No. PW-20-01until later in the meeting in order for the Council to receive legal advice in Closed Session. Director of Development Services -2020 Building Permit Activity Report No. 21-32 Moved by:Scott Lewis Seconded by:Rick Cerna THAT Report No. DC-21- be received. Carried. 15 21-29 -Supplementary Building Code Consultant Service No. 21-33 Moved by:Max Moore Seconded by:Mark Widner 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. Carried. -Wireless Telecommunication Tower Request for Township Support No. 21-34 Moved by:Scott Lewis Seconded by:Rick Cerna 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. Carried. Director of Financial Services -Applications for Assessment Adjustments under Section 357 of the Municipal Act, 2001. No. 21-35 Moved by:Mark Widner Seconded by:Scott Lewis THAT Report No. FIN-21- AND THAT, pursuant to Section 357 (a) and (d) of the Municipal Act, 2001, 16 21-30 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). Carried. REPORTS OF COMMITTEES/OUTSIDE BOARDS: No. 21-36 Moved by:Max Moore Seconded by:Rick Cerna 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. Carried. CORRESPONDENCE: No. 21-37 Moved by:Mark Widner Seconded by:Dominique Giguere THAT the Municipality of Charlton and Dack and Township of Larder Lake Resolutionsrequesting the Province to address seven insurance issues including replacement of joint and several liability; and investigate the unethical practice of preferred vendors, be supported. Carried. No. 21-38 Moved by:Mark Widner Seconded by:Dominique Giguere 17 21-31 THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated January 7 and 14, 2021. 2.Region of Peel and Township of Huron-Kinloss Resolution requesting the Province to amend the AssessmentAct to provide January 1, 2019. 3.Municipality of West Grey Resolution requesting the Province to repeal Schedule 8 of Bill 229 relating to species at risk 4.Town of Aylmer Notice of Passing Official Plan Amendment No. 5.Kettle Creek Conservation Authority Notice of Meeting for Levy Approval. Carried. OTHER BUSINESS: -Zoning Infraction at 11620 Springfield Road In response to an inquiry from Councillor Moore regarding analleged illegal business operating at 11620 Springfield Road, the Chief Building Official confirmed that he hadreceived complaints in the pastregardinga business operating at that property. He noted that he has and will again followup with the property ownerto ensure compliance with Township by-laws. -Request for Permanent Bag Tags In response to an inquiry from Councillor Cerna for consideration of permanent bag tags rather than ones that expire at the end of each year, the Chief Administrative Officer/Clerkadvised that implementing permanent tags was considered as a part of the Waste Management Master Plan Review. However, such a change was not recommended to the Council for implementation as there was insufficient information to support such a change. She indicated that Staff are hoping to undertake a promotion once the pandemic is over to ascertain how many residents had excess tagseach year in order to determine whether changing to permanent tags is warranted. The Director of Finance indicated that while there may be some residents that have excess tags, there appearedto be a larger number of residents that needed to purchaseadditional bag tags each year in late November and Decemberas they have used up all of their annual allotment. 18 21-32 -Railway Crossings Stop Signs In response to an inquiry from Councillor Cerna regarding stop signs at railway crossings, the Director of Public Works indicated that,until the Township receives official communicationfrom the railway that certain railway lines have been decommissioned,the stop signs at railway crossings are required to remain in place. BY-LAWS: -By-law No. 21-10Appoint Building Officials No. 21-39 Moved by:Max Moore Seconded by:Rick Cerna THAT By-law No. 21-10, being a By-law to appoint Building Officials under the Building Code Act, be given first, second and third readings, and be properly signed and sealed. Carried. CLOSED SESSION: No. 21-40 Moved by:Mark Widner Seconded by:Rick Cerna THAT Council move into Closed Session at 8:55p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discussthe following: (i)Personal Matter about an Identifiable Individual relating to Malahide Fire Services (Volunteer Firefighter attendance). (ii)Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, relating to procurement process. Carried. No. 21-41 Moved by:Max Moore Seconded by:Rick Cerna THAT Council move out of Closed Session and reconvene at 9:35p.m. in order to continue with its deliberations. 19 21-33 Carried. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a Personal Matterabout an Identifiable Individual, including municipal or local board employees relating to Malahide Fire Services Volunteer Firefighter attendance. 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, including matters before administrative tribunals, affecting the municipality or local board, relating to procurement process. -Contract Award 2021 2027 Curbside Waste Collection In response to an inquiry from Councillor Widner regarding the need to provide larger blue boxes due to the proposed bi-weekly pickup of certain recyclables, the Director of Public Works advised that the need for additional or larger blue boxeswas not contemplated at this time. He noted that it is hoped that the new program will result in more recyclables goinginto the recycling stream. In response to an inquiry from Deputy Mayor Giguère regarding areview of the collection routes, the Director of Public Works advised that, input from the public may be considered if it continues to be economical for the contractor. No. 21-42 Moved by:Scott Lewis Seconded by:Rick Cerna THAT Report No. PW-20-2027 Curbside 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 bincollection 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 befunded from the Operating Capital Reserve. Carried. 20 21-34 CONFIRMATORY: No. 21-43 Moved by:Max Moore Seconded by:Rick Cerna THAT By-law No. 21-09, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. ADJOURNMENT: No. 21-44 Moved by:Chester Glinski Seconded by:Mark Widner THATtheCounciladjournits meetingat 9:45p.m.to meet again on February 4, 2021, at 7:30 p.m. Carried. _____________________________ Mayor D. Mennill _____________________________ Clerk M. Casavecchia-Somers 21 - DRAINAGE BY-LAW NO.21-12 Drainage Act, R. S.O. 1990, c. D17 Reg. 300/81, s.1, Form 6 Being a By-law to provide for a drainage works on theJA CharltonDrain in the Township of Malahide, in the County of Elgin *********** WHEREASthe requisite number of owners have petitioned the Council of the Township of Malahide in the County of Elgin in accordance with the provisions of the Drainage Act, requesting that the following lands and roads may be drained by a drainage works. Pt Lot6 & 7 Concession7 In the Township of Malahide AND WHEREASthe Council for the Township of Malahide has procured a report made by Spriet Associatesand the report is attached hereto and forms part of this by-law. AND WHEREASthe estimated total cost of constructing the drainage works is $101,000.00. ANDWHEREAS$101,000.00 is the amount to be contributed by the municipality for construction of the drainage works. AND WHEREAS$101,000.00 is being assessed in the Township of Malahide in the County of Elgin. AND WHEREASthe council is of the opinion that the drainage of the area is desirable. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF MALAHIDE UNDER THE DRAINAGE ACT ENACTS AS FOLLOWS: 1.The report datedNovember 25, 2020, and attached hereto is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized, and shallbe completed in accordance therewith. 2. (a)The Corporation of the Township of Malahidemay borrow on the credit ofthe Corporation the amount of 101,000.00 being the amount necessary for construction of the drainage works. 22 (b)The Corporation may issue debentures for the amount borrowed less the total amount of, i.Grants received under section 85 of the Act; ii.Commuted payments made in respect of lands and roads assessed within the municipality; iii.Moneys paid under subsection 61(3) of the Act; and iv.Moneys assessed in and payable by another municipality, (c)And such debentures shall be made payable within five years from the date of the debenture and shall bear interest at a ratenot higher than the rate charged by The Ontario Municipal Improvement Corporation on the date of sale of such debentures. 3.A special equal amount rate sufficient to redeem the principal and interest on thedebentures shall be levied upon the lands and roads as west forth in the Schedule to be collected in the same manner and at the same time as other taxes are collected in each year for five years after the passing of this by-law. 4.All assessmentsof $500.00 or less are payable in the first year in which the assessment is imposed. 5.This By-law comes into force on the passing thereof and may be cited asJ A Charlton Drain. READ AFIRST ANDSECOND TIME THIS 4thday ofFebruary, 2021. __________________________________________________________ MayorClerk READ A THIRD TIME AND FINALLY PASSED THIS18thday ofMarch, 2021. ____________________________________________________________ MayorClerk 23 Report to Council REPORT NO.:DS-21-08 DATE: February 4, 2021 ATTACHMENT:Report Photo, Severance Sketch, Application, By-law SUBJECT: Zoning By-law Amendment Application of Gregory Underhill (Authorized Agent: David Roe) LOCATION: CON 2 E PT LOT 25(Malahide)(5031 Sawmill Road) Recommendation: THAT Report No. DS-21-08Zoning By-law Amendment Application of Gregory Underhill AND THAT the Zoning By-law Amendment Application of David Roe, on behalf of Gregory Underhill,relating to the property located at CON 2, E PT LOT 25, (Malahide),and known municipally as 5031 Sawmill Road, BE APPROVED for the reasons set out in this Report. Background: The subject Zoning By- submitted by David Roe, on behalf of Gregory Underhill, to implement the necessary zoning provisions required for surplus farm dwelling severances.The Application relates to theproperty located at CON 2,E PT LOT 25,(Malahide),and known municipally as 5031 Sawmill Road. Notice of the Application has been circulated to agencies and registered property owners as prescribed and regulated by the Planning Act, RSO 1990, and the Malahide Official Plan, including posting notice in two recent issues of the Aylmer Express. The analysis of the associated severance/consent application by the County Planning Department and Land Division Committee determined that the severance met all applicable policies(Provincial Policy Statementsand Official Plan).The consent application was provisionally approved,subject to the Applicant completing a number of conditions, one such being obtaining a zoning by-law amendment. 24 Comments/Analysis: The Development Services Staff haveconsidered the merits of the subject Application against the Provincial Policy Statement(PPS), applicable Official Plan policies,and the -law,and all (if any) of the correspondence received as of the date of writing this Report. The Staff recommends that the Council approve the Application. The drafted Zoning By-law Amendment places the severed surplus farmhouse dwelling intothe necessary zone(Small Lot Agricultural A4) of the Malahide Zoning By-law,in accordance with the PPS, and the Official Plans for both the Countyof Elginand the The retained farm parcel will remain within the Special Agricultural (A2)zone, which prohibits the establishment of a residence. The Council considered the associated severance application onNovember 5, 2020 (Report No. DS20-30) and supported the severance. Notice of the subject Zoning By-law Amendment Application has been circulated to agencies and registered property owners as prescribed and required. As of the date of writing of this Report, there have been no comments received in response to the Notice ofPublic Meeting. Any comments submitted will be summarized and provided forthe information of theCouncil/Public at the Public Meeting. Financial Implications to Budget: The full cost of the consent and associated rezoning process is at the expense of the Applicant and has no implications t Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community SustainabilityPlan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. The importance of sustainable planning includes promoting for the protection of agricultural lands. As such, one of the goals that suppor New non-farm lot creation is permitted in very limited circumstances, including surplus farm dwelling severances. As such, the recommendation of this report supports the ICSP. Submitted by:Reviewedby:Approved by: Allison Adams,Adam Betteridge, MCIP, RPP Development Services Director of Development CoordinatorServices 25 NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE TOWNSHIP OF MALAHIDE TAKE NOTICEthat the Township of Malahide has received a complete application for a proposed Zoning By-law Amendment. APPLICANT:David Roe, on behalf ofGregory Max Underhill,ownersof CON 2ELOT 25,Township of Malahide. The lands affected by the amendment are known municipally as 5031 Sawmill Road,situated on thewest side of Sawmill Road north of Nova Scotia Line, as shown on the below key map. AND TAKE NOTICEthat the Council of the Corporation of the Township of Malahide will hold a virtual public meeting on Thursday, February 4th, 2021,at 7:30 p.m.to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, R.S.O. 1990.Due to the current COVID-19 pandemic and the limit onpublic gatherings, a Virtual Public Meeting is being held. THE PURPOSE AND EFFECTof this amendment is to change the zoning on a surplus farm dwelling lot proposed to be severed, which contains a single detached dwelling, from the Special Agricultural (A2) zoneto the Small Lot Agricultural (A4) zone, to permit the use of the proposed lot for residential purposes. The lot would comprisean area of approximately 2998.4m². The zoning of the retained farm parcel, comprising an area of approximately 40hectares(98acres)is proposed to remain within the Special Agricultural (A2) zone, and prohibit the establishment of any residential dwelling in accordance with Provincial planning directives. The change in zoningfor the severed parcel is being requested to fulfill conditionsof Application for Consent E 42-20 granted by the County of Elgin Land Division Committee. ANY PERSONmay attend the virtual meeting and/or make written or verbal representation in support of or in opposition to the proposed amendment.Persons wishing to make verbal statementsduring the virtual meetingare required to pre- register with the undersigned. Ifyou opt not to participate in thevirtual public meeting, itwill be available by clicking on the YouTube icon on the homepage ofwww.malahide.ca. IF ANY PERSON OR PUBLIC BODYdoes not make oral submissions at a public meeting, or make written submissions to the Council of the Corporation of the Township of Malahide before the by-lawis passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Township of Malahide to the Local Planning Appeal Tribunal.If a person or public body does not make oral submission at a public meeting, or make written submissions to the Township of Malahide before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunalunless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISHto be notified of the adoption of the proposed amendment, or the refusal of a request to amend the Zoning By-law you must make a written request to the undersigned. ADDITIONAL INFORMATIONrelating to the proposed amendment may be obtained at the TownshipOffice. th DATEDat the Township of Malahidethis 13day ofJanuary,2021. M.Casavecchia-Somers, CAO/Clerk Township of Malahide, 87 John Street, South, Aylmer, Ontario.N5H 2C3 519-773-5344 26 27 28 29 30 31 32 33 APPLICATION FOR A ZONING BY-LAW AMENDMENT David Roe, Civic Planning Solutions, agent for Gregory Underhill Township 5031 Sawmill Road of Malahide Lot 25, Concession 2 Figure 1 Township of Malahide A4 A1 A1 A1 A1 A1 A3 RR OFFICIAL PLAN DESIGNATION RR VI EN NA LIN E A4 203.19m AGRICULTURAL A4 ZONING A1 GENERAL AGRICULTURAL A2 SPECIAL AGRICULTURAL A1 A1 A3 LARGE LOT AGRICULTURAL A4 SMALL LOT AGRICULTURAL A1 RR RURAL RESIDENTIAL M2 RURAL INDUSTRIAL A1-15 403,133.5m² 40.3 Ha A1 A2 32.18m A2 A3 A1 A2 A1 2998.4m² 0.29 Ha RR M2-11 A1 32.2m 27.14m A4 RR A4 NO VA SC OT IA LIN E 32.2m 90.5m NO VA SC OT IA LI NE 0102040050100200 A3 RR A1 A1 A3 MetersMeters LANDS PROPOSED TO BE REZONED FROM 'SPECIAL AGRICULTURAL' ('A2') TO 'SMALL LOT AGRICULTURAL' ('A4') ± LANDS TO BE RETAINED REMAIN ZONED AS 'SPECIAL AGRICULTURAL' ('A2') 34 APPLICATION FOR A ZONING BY-LAW AMENDMENT David Roe, Civic Planning Solutions, agent for Gregory Underhill Township 5031 Sawmill Road of Malahide Lot 25, Concession 2 Figure 1 Township of Malahide A4 A1 A1 A1 A1 A1 A3 RR OFFICIAL PLAN DESIGNATION RR VI EN NA LIN E A4 203.19m AGRICULTURAL A4 ZONING A1 GENERAL AGRICULTURAL A2 SPECIAL AGRICULTURAL A1 A1 A3 LARGE LOT AGRICULTURAL A4 SMALL LOT AGRICULTURAL A1 RR RURAL RESIDENTIAL M2 RURAL INDUSTRIAL A1-15 403,133.5m² 40.3 Ha A1 A2 32.18m A2 A3 A1 A2 A1 2998.4m² 0.29 Ha RR M2-11 A1 32.2m 27.14m A4 RR A4 NO VA SC OT IA LIN E 32.2m 90.5m NO VA SC OT IA LI NE 0102040050100200 A3 RR A1 A1 A3 MetersMeters LANDS PROPOSED TO BE REZONED FROM 'SPECIAL AGRICULTURAL' ('A2') TO 'SMALL LOT AGRICULTURAL' ('A4') ± LANDS TO BE RETAINED REMAIN ZONED AS 'SPECIAL AGRICULTURAL' ('A2') 35 36 THE CORPORATION OF THETOWNSHIP OF MALAHIDE BY-LAW NO. 21-11 Being a By-law to amend By-law No. 18-22 Gregory Underhill/David Roe 5031 Sawmill Road WHEREASthe Council of The Corporation of the Township of Malahide deems it necessary to pass a By-law to amend By-law No. 18-22, as amended; AND WHEREASauthority is granted under Section 34 of the Planning Act, as amended, to pass a By-law; AND WHEREASthis By-law conforms with the Official Plan of the Township of Malahide, as amended; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THATthe area identifiedEast Part of Lot 25, Concession 2Agricultural (A2) Zone-law No. 18--law No. 18-22 as set forth in this By-law. The zoning of thi 83-law No. 18-22, as amended. 2.THAT thisBy-law shall come into force: a) prescribed by the Planning Actand regulations pursuant thereto, upon the expiration of the prescribed time; or b) prescribed by the Planning Actand regulations pursuant thereto, upon the approval of the Local Planning Appeal Tribunal. READaFIRSTandSECONDtime this4thday ofFebruary, 2021. READ aTHIRD time andFINALLY PASSEDthis4thday ofFebruary, 2021. ____________________________________ Mayor D. Mennill ___________________________________ 37 Clerk M. Casavecchia-Somers 38 39 Report toCouncil REPORT NO.:F21-03 DATE: January 13, 2020 ATTACHMENT:None SUBJECT:Malahide Fire and Emergency Services 2020Year End Report Recommendation: THAT Report No. F21-032020 Year Background: Department Incidents In 2020,the Malahide Fire Services (MFS) responded 411 times toemergency incidents,(adjustedto year-end actuals)ascompared to 496 incidents in 2019, 521incidents in 2018, and 474incidents in 2017. 2020 Malahide Fire incidents 250 192 200 150 71 100 57 34 23 50 14 11 7 11 0 40 In 2020,medical responsesaccountedfor approximately46.7% of all responsesas compared to 55.17%in 2019. On average for the last five years, medical responses account for approximately 52.04%of all incidents annually. Fireresponseswhich have been broken into two categories (Fire 13.9% and burn complaints 5.6%)accountedfor approximately 19.5% of all responses in 2020, and account for approximately17.89%of all responseson average for the last five years. Motor Vehicle Collisions account for17.3% of all 2020responsesand Technical Rescue calls account for 1.7% of all responses in 2020. The remaining percentages are made up of Mutual Aid and other miscellaneousincidents. Responses by Type Yearly Percentage of Total 56.06 55.17 60 51.79 50.48 46.7 50 40 19.5 16.71 13.13 30 21.99 20.51 17.3 16.88 15.32 14.8 14.37 14.01 20 12.06 10.18 9.43 8.9 4.73 3.75 3.48 10 1.7 1.05 0 20202019201820172016 FireMVCTechnical RescueMedicalOther Station Response The average response time for all incidents in 2020was 13:18minutes compared to approximately 10:40 in 2019, 11:27in 2018,10:57 in 2017,10:47 minutes in 2016, 11:46 minutes in 2015, 11:17 minutes in 2014,and10:35 minutes in 2013. Station#callsAverage Response time Station #311413:23 Station #410811:38 South Station18914:11 A further analysis of these numbers reveals that the South Station numbers are somewhat higher because of the large response area resulting in longer drive times to calls as well as the regularity of calls to Port Bruce, whichis at the southern most point of the response area. COVID-19 protocols for medical calls, put in place in March2020,included: aminimum of 3 to maximum of 5 firefighters leaving the hall in a pumper no firefighters attending the scene in personal vehicles increased PPE while at calls proper decontamination of people, gear and vehicles afterincidents. 41 These additional protocols, intended to protectboth our volunteer firefightersand the public, haveimpacted response times. Response times are considered as the time from when the firefighters receive a page of an incident to the time that the first apparatus arriveson scene. These times are dependent on the availability and proximity of firefighters to the stations and the proximity of the incident to the stations. The Department averaged12.4 firefighters in 2020, 9.66 in 2019, 8.2in in 2018 and 8.1 firefighters in2017. This average takes into account all types of incidents, including medicals, fires, MVC, other incidents, open air burning complaints,etc. NFPA 1720 establishes a standard of service,Section 4.3.2. further establishes,for rural areas with a population of less than 500 people per square mile of, 6 firefighters on scene within 14 minutes 80% of the time(Malahidefalls within section 4.3.2.). Malahide12.4firefighters in attendance in 14minutes or under is met 95% of the time thus exceeding the NFPA standard. Medical calls are not considered within the standard. Fire Loss Statistics In 2020, the estimated dollar loss as a result of fire was approximately $5.5 millionas compared with approximately $416,500 in 2019, $3.6 millionin 2018,$1.38 million in 2017,$1.6millionin 2016.e of property and building replacement values only.Fire incidents in 2020resulted in significant dollars saved due to fast extinguishment and proper tactics used by fire crews. Annual Fire Loss 5564.5 6000 5000 3,556 4000 3000 1632 2000 1,387 1000 416 0 20202019201820172016 In addition,2020 saves of $4.6 million of property were recorded, in 2019$1.7 million,in 2018,$4.3 million,in2017$2.3million,$1.8 millionin 2016. Total Incident Hours and Staff Hours The 911response in2020required 680hours of on scenetime. The total of all firefighter hours spent atall these incidents total 5,714. 42 Fire Prevention Public Education The MFS public fire safety education activities are delivered by a committed group of volunteer firefightersthat partnerwith the other Elgin County Fire Departments. We currently have 10members certified as Fire & Life Safety Educatorslead by CFPO Dave Bradley. During COVID restrictions,the grouphas not been able to carry out in-person public education events,but have continued to regularly post videos to the Township website and set up displays where appropriate. Fire Safety Inspections 12inspectionswere conducted in 2020 with 1inspection orderissued for non- compliance. In 2019,the Staff conducted 52 fire safety inspections. In 2018, 20 fire safety inspections,andin2017,the Staff conducted 41fire safetyinspections. The following types of properties/facilities were inspected: -Assembly (3) -Industrial(1) -Institutional(4) -Mercantile (1) -Residential (3). No pro-active inspectionswere performed in 2020 due to COVID-19 restrictions and best practices recommendedby the Ontario Fire Marshal. The inspections that were performed were because of complaints, life safety issues,and mandatory inspections of long-term care facilities. Fire Services Revenue Motor Vehicle In 2020,the Township invoiced (non-residents of Malahide) a total of approximately $30,258for response,as compared to $53,524 in 2019,$26,729 in 2018, $32,621 in 2017, $30,940in 2016, and $38,437in 2015. Accident Invoices -Year $60,000.00$53,524.46 $50,000.00 $38,338.00 $32,621.00 $40,000.00 $30,940.00 $30,258.62 $26,729.00 $30,000.00 $20,000.00 $10,000.00 $- 202020192018201720162015 43 Ontario Police College (OPC) Fire Prevention Staff provide fire extinguisher and motor vehicle safety awareness and fire behavior training to Cadets attending theOntario Police College and fills self- contained breathing apparatus cylinders upon request. New Fire Scene Management and Fire Behaviorcomponents were added from the Inquest recommendationsin 2019. TheOPCis charged a flat fee of $2,000 per Basic Cadet Training (BCT) intake. This is the agreed amountas the Malahide Fire Services uses their facilities without any invoicing from the College.We continue to fill air bottles for the college. In 2020, the Township received$2,000for providing these services to the OPC. The revenues generated for services provided to the OPC are dependent on the number of Police Cadets trained annually, and the number of other courses offered by OPC that require the use of self-contained breathing apparatus cylinders by students. Training was greatly reduced this year and only modified BCT courses ran from March onward. The hope is to return to normal course load and full programming later in 2021. Fire Safety Inspections FeesBy-lawincludes provision for the invoice of fire safety inspections on certain types of buildings and properties. Fees are only issued for inspections that are requested by the owner, and are normally due to licensing requirements or thesale of a property. In 2020,the Township invoiced zero (0)dollarsforfire safety inspections. YearFees ($) 2012500 2013400 2014575 20150 20160 20170 20180 2019562.50 20200 Fire Incident Reports The Fees By-law includes provision for the invoicing of copies of emergency response incident reports. In 2020,the Townshipdid not invoice for emergencyresponse incident reports requests. YearFees ($) 20120 2013275 2014250 2015105 44 YearFees ($) 2016107.50 2017207.50 20180 20190 20200 Burn Permits In 2013,the Township introduced a new Open Air Burning By-law to regulate the setting of fires in the Township. Under the new By-law, residents are not required to obtain a Burn Permit for specific fires such as campfiresand recreation fires. The new requirements along with the issuance of permits for the calendaryear have resulted in less permits being issued annually by the Township Staff. In 2020,the Township issued approximately 442permits, adecrease of 7 from 2019. In 2020, Malahide Fire Services responded to twenty-three (23) unauthorized burning complaints where the property owner did not complywith the Open Air Burning By-law. Written and verbal warnings were issued under the enforcement policy for violating the open-airburning regulations.In 2020, the Staff have not invoicedanyproperty owners for disregarding the provisions of the Open Air Burning By-law. Payroll to Firefighters Firefighters are awarded two points per hour for attending emergency incidents, regular training sessions, public education activities, and other approved duties such as filling air cylinders. In 2019,a standardized point value was determined for a five year period. The 2020 point value (representing ½ hour of time) was $11.00. Each year the point value will increase by $1.00 until 2023 when the increase will be consistent with the % increase granted under the then current Collective Agreement. the point value from 2011 to 2020. YearTotal PointsPoint Value ($) 2011 (12 months)16,3996.18 2012 (11 months)15,2477.19 2013 (12 months)16,3487.17 2014 (12 months)19,9326.28 2015 (12 months)18,2717.61 2016 (12 months)18,2668.19 2017 (12 months)18,6218.41 2018 (12 months)24,0226.98 2019 (12 months)17,20910.00 45 YearTotal PointsPoint Value ($) 2020 (12months)15,49111.00 Malahide Station Training In 2020, 58trainingsessions were conducted for all 3 stations covering 33subjects from firefighting, medical, and all forms of Technical Rescue. Total time committed by firefighters to in service training was 1,934.50hours. Instructors spent additional hours preparing for the delivery of this training. TechnicalRescue Services TechnicalRescue training program includes: a)two levels of competencyin Rope Rescue -Operations (over the bank/low angle) and Technician(high line/angle); and b)Confined Space Rescue and c) Water Ice Rescue. As of December 31, 2020, the Department has twenty three(23) firefighterscertified to technician levelas technical rescuers. As of December 31, 2020,the Department has 5 certified instructorsin rope and confined space and 3 members designated as Ontario Fire College Associate Instructorsfor Water and Ice Rescue. All instructors are committed to providing training to other MFS members. Vehicle Extrication The Department currently has several members qualified as Vehicle Extrication Instructors who provide ongoing Vehicle Extrication training to all members of Stations 3,4,and South Station. Volunteer Firefighter Recruitment In 2020, the Department welcomed six(6) new recruit volunteer firefighters. Due to COVID-19limitations,these recruits have not completed their NFPA 1001 Certification although they have completed their First Aid/CPR and Modified Tier Responder Training as well as defibrillator, Epi and naloxone administration. We are in the process of recruitment for 2021,but the interview process has not been completed to date. The current compliment of MFS volunteer firefighters (including the 2020 recruits) is sixty six(66). 46 Junior Firefighter Program A Junior Firefighter (JFF) is a member of the Department that is currently attending training sessions only, and are not permitted to enter into burning structures during training. Currently,the Department has three (3)JFFat South Station. Mutual Aid expended. In 2020, Malahide Fire Service provided assistance to neighboringDepartments (Aylmer, Bayham, Central Elgin,South-West Oxford) at six(6) incidents. In 2020, Malahide Fire Services requested assistance a total of (3)timesunder the Elgin County Fire Departments Mutual Aid Programfrom Central Elginand Bayham. Automatic Aid Agreements In July 2011, the Township entered into an Automatic Aid Agreement with the Municipality ofCentral Elgin to provide specific fire and rescue services to specific areas of the Township. Automatic Aid is when a municipality enters into an agreement to provide or receive the initial or supplemental response to fires, rescues, and emergencies to enhance the delivery of seamless service on a day-to-day basis. The Automatic Agreement enhances the initial response time to an emergency by ensuring the closet station is dispatched immediately upon the Dispatch Centre receiving the call. The Agreement has demonstrated that fire and rescue serviceare timelier than if the Agreement was not in place. For example, Central Elgin Fire and Rescue has arrived anywhere from 3-12 minutes before any Malahide apparatus has arrived at incidents located in the Agreement coverage areas. An additional benefitof the Agreement is that Malahide can maintain a minimum level of fire protection services to other areas of the Township when dispatched to emergencies in the extreme northwest of the Township. Automatic Aid was not activated in 2020. 47 Staff Development We have continued to expand our training of all firefighters and develop the training of our specialty teams as well as bringing about Officer DevelopmentandFire Service Instructors sothatwe can deliver some of the mandated trainingin-house, and training of Fire and Life Safety Educators. Previously,the medical training did not include advanced training in airway management, assisting with medications, collaring and packaging patients for transfer and transport by EMS. This has put increased requirements on all our firefighters however,they have responded admirably and without complaint. In addition to our increased level of medical trainingthat we have undergone since 2017, 2018 brought Naloxone delivery (Nar Can) and Epi Pens, which all was, incorporated into the Station Rescue trucks. Malahide was the first fire department in the County to add this additional valuable service.We continue to recertify annually for all levels of medical training and have a Primary Care Paramedic as a firefighter who has taken on the role of Medical Instructor to monitor our program and do refresher training for all firefighters during the year to keep our skills at the highest level. Draft changes to the Fire Protection and Prevention Actare being proposed and will placemandatory certifications for all firefighters as well as mandatory Community Risk Assessments every five years. This maybe a very heavy burden moving forward althoughthe full impactthat this may have on Malahide is,atthis time,unknown.The Provincial Government has put a temporary hold on these proposed changes however, Malahide continues to ensure that all Staff are trained and certified and we are happy to report that we are fully compliant and ready for the implementation of these changes. This does not diminish the time that will be required for the administration of all changes again,butwe have accomplished a great deal in being prepared.The Ontario Fire Marshal has as of December 2020 reiterated that mandatory certification is still a priority and will eventually be put in place. The timing on this is still unknown. Driver Certification Program The Township is an authorized agent to deliver a Driver Certification Program(DCP), whichallows the Township to certify and renew drivers for up to a Class D and air brake testing and certification. Employees seeking upgrades to their driver license must undergo a comprehensive training program that includes both in-class training and on-road training. In addition, in order to obtain an air brake endorsement, drivers must attend a 1.5dayin-class training session and demonstrate the ability to perform the MTO air brake inspection requirements. The Elgin County Chiefs Mutual Aid Association has requested Malahide to provide DZ Certification training toother Elgin County Department recruit firefighters. MTO has provided us with the process in order for this to be acceptable under our program, Dennis Johnsonand Ruben Wiebe,our certified trainers,haveagreed to dedicate the 48 time to do the training;andthe Staff have developed a billing model for the other municipalities to ensure that there are no unrecovered costs to the Township of Malahide for providing thistraining. In addition to providing the DCP program toAylmer,West Elgin, Dutton-Dunwich, Southwold,and Bayham in Elgin,the programhas beenexpanded to also include Thames Centre, Middlesex Centre,and Strathroy-Caradoc in Middlesex County,as well asthe OPP.Thedelivery ofthe program outside of Elgin County isbilled at a higher rate. Emergency Management Program Emergency Response NoIce breaking was undertaken in 2020. No flooding response calls were required in 2020, although monitoring of potential flooding was undertaken. Public Education/Awareness In 2020, the Township met the Emergency Management Ontario minimum requirements for public education and awareness. Public education activities includeddisplays at various venues across the Township, normally in conjunction with fire safety education activities set out above. Emergency Management Program Committee (EMPC) The Township EMPC has met the Emergency Management Ontario minimum requirements prescribed under the Emergency Management and Civil Protection Act (EMCPA) for the Township/s Emergency Management Program. the following at least annually: -Community Hazard Identification and Risk Assessment (HIRA) -General Community Hazards Assessment -Hazard Information Sheets for each General Hazard -Community Risk Profile -Appendices to the Emergency Response Plan -Critical Infrastructure Assessment -Malahide Flood Emergency Response Plan. The above requirementswere waived by Emergency Management Ontario for 2020 due to COVID-19restrictions. 49 Trainingand 2020 Program Compliance Activities These requirements were waived by Emergency Management Ontario as most COVID-19 pandemic. Comments/Analysis: In 2020, the Staff completed the following program enhancements: -Completed the implementation of the recommendations of the OFM Fire Services Review(Technical Services Table). -Partnered with seven(7) other Fire Departments to conduct a new recruit training program consistent with the NFPA Firefighter 1 and 2 training curriculum, and offer other training programs and courses (e.g. Company Officer, pump operations, water and ice rescue)The recruitprogram was delivered by Canadian Rescue Academy.In addition,Canadian Rescue Academydelivered all specialized training courses. -Conducted fire safety inspections of all required properties. High risk occupancies, public assembly buildings and migrant farm worker accommodationsas requested. -Maintain effective partnerships with the Ontario Police College,Elgin County Fire Departments, Long Point Region Conservation Authority, and Catfish Creek Conservation Authority. -Continued training of 6recruit firefighters. -Delivered enhanced medical trainingto all firefighters. -Ongoing explorationof Pre-Plan software. -Continue to deliverpaid training delivery for Basic Cadet Program with OPC452 cadets trained in2020. -Renewed and modified Tiered Response Agreement with Elgin/St Thomas EMS. In 2021, the Staff will explore enhancements to the following services/programs: -Malahide Fire Services,in cooperation with other Elginand Middlesex Departments,have secured the services of Canadian RescueAcademyfor the purpose of officer, instructor and specialty training.We have also come to an agreement with Middlesex Fire Departments to allow each optional training dates if unable to meet those in their home county. -Hire aPart-Time Deputy Fire Chief -Develop in partnership with other area fire departmentsa shared on line training portal (Mind Flash)so that shift working firefighters can maintain required training percentages. -Renewcertification for Rope Rescue members, confined space, pump operators. -Train firefighters in Officer and Instructor levels. -Maintain effective partnerships with the Ontario Police College, Elgin County Fire Departments,Elgin OPP, Elgin EMS,local Conservation Authorities. -Delivery of training for Post-TraumaticStress Disorder (PTSD) Preventionand resiliencyto all firefighters. -Delivery of Defensive Driver training to all firefighters to enhance their ability to safely operate emergency vehicles. -Identify upcoming officers and deliver Officer Developmenttraining. 50 -Conduct fire safety inspections onhigh risk occupancies, including schools, public assembly buildings andsmall businesses, as requested. -Train 2021recruitfirefighters. -Deliver DZ training to other Elgin and Middlesex County Departments, as well as Elgin OPPunder the TownshipDriver Certification Program asrequired. -Enhance Emergency Management Plans and create full scale exercise for 2021. 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. -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: Brent Smith 51 Report toCouncil REPORT NO.:PW-21-02 DATE: February 1, 2021 ATTACHMENT:Tender Summary, Location Sketch, Request for Maintenance SUBJECT:Tender Results Catfish Creek Drain Cleanout Recommendation: THAT Report No.PW-21-02Tender Results Catfish Creek Drain Cleanout; AND THAT the tender for the Catfish Creek Drain Cleanout be awarded to Cassidy Construction London Ltd.,in the amount of $16,040.00(exclusive of HST). Background: ANotice of Request for Drain Maintenance and/or Repair was received from a landowner assessed on the Catfish Creek 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 vegetationgrowth, accumulation of sediment and debris in the drain, a portion of the drain needs to have a bottom cleanout. There is an old concretebridge/farm crossing that will be removed as well. This portion of drain runs from Whittaker Road to 1500metreswestof Whittaker Road. Comments/Analysis: several construction contractors. The Township received a total of 2bids. The low bid was received from Cassidy Construction London Ltd.in the amount of $16,040.00 (exclusive of HST). The Staff are satisfied that Cassidy Construction London Ltd. can perform the duties tasked in this contract. The Staff would therefore recommend that the Council award the Catfish Creek Drain cleanoutto Cassidy Construction London Ltd. and authorize the Mayor and Clerk to enter into an agreement withCassidy Construction London Ltd.to complete the work. 52 Financial Implications to Budget: The cost of this project will be assessed to landowners along the Catfish Creek Drainwho have been advised of the pending works proceeding which will be billed using the s,dated January 5, 1977 and July 14, 1976.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 TechnologistDirector of Public Works Drainage Superintendent 53 TOWNSHIP OF MALAHIDE SUMMARY OF TENDERS Catfish CreekDrain Cleanout (Prices do not include HST) Cassidy Construction$16,040.00 Laemers Excavating$16,146.00 In attendance: Bob Lopez, Allison Adams 54 Report toCouncil REPORT NO.:PW-21-10 DATE: February 1, 2021 ATTACHMENT:Petition and Map SUBJECT:Request for Drain Improvement: MacIntyre Petition Recommendation: THAT Report No. PW-21-10Request for Drain Improvement: MacIntyre be received; AND THATJohn M. Spriet, P.Eng., of Spriet Associates Ltd., be appointed to Comments/Analysis: The Township has received a Request for Drain Improvement for the W. McIntyre Drain (petition and map attached). The petition is to relocate a portion of the W. McIntyre Drain that runs through the property at 50444 Yorke Line. During construction of a new building on the property the Township became aware of an encroachment on the W. McIntyre Drain. Staff investigated and found that footings were constructed over a portion of the W. McIntyre Drain. Doan MacIntyre has petitioned to have a portion of the drain relocated further east on his property, at his expense. The estimated length of the project is 50 meters. The existing W. McIntyre Drain was constructed pursuant to a report done by Graham, Berman and Associates Ltd., dated June 4, 1968. Financial Implications to Budget: N/A. Summary: Doan MacIntyre has petitioned to have a portion of the W. McIntyre Drain relocated further east on his property, at his expense. 55 The Staff are recommending that John M. Spriet, P. Eng., of Spriet Associates Ltd., be appointed by the Council to preparean Engineers Report. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. of maintaining municipal infrastructure is equitably borne by current and future Submitted by:Approved by:Approved for Council: Bob Lopez,Matt Sweetland, P.Eng. Engineering Technologist/Director of Physical Drainage SuperintendentServices 56 57 58 59 Report toCouncil REPORT NO.:DS-21-09 DATE: February 4, 2021 ATTACHMENT:Appendix 1:Jurisdictional Scan of Municipal Zoning By-laws SUBJECT:OUTDOOR PARKING OF TRANSPORT TRUCKS IN RESIDENTIAL ZONES Recommendation: THAT Report No. DS-21-09Outdoor Parking of Transport Trucks in Residential Zones AND THATthe current Zoning By-law regulations for the parking of commercial vehicles inresidential zones be maintained for the reasons set out in this Report; AND THAT the Council consider requests foroutdoor parking of transport trucks in residential zoneson a case-by-case basis in accordance with the Planning Act, RSO, 1990. Background: In response to receivinga number of complaints from neighbouring property owners regarding the parking of commercial motor vehicles in residential zones (primarily transport trucks), the Council considered thismatter and passed the following resolution at its September 19, 2019meeting: No. 19-439 Moved by: Rick Cerna Seconded by: Scott Lewis THAT the Municipal Staff be authorized and directed to proceed, in consultation Zoning By-law No. 18-22 to permit limited outdoor parking of commercial vehicles in residential zones. Carried. 60 The Director of Development Services hasreviewed the information on this matter to dateanddiscussed the history/background. Ascan of municipal zoning by-lawshas been completedfrom a number of municipalities in Southwestern Ontario which share the same rural characteristics as the Township of Malahide (see Appendix 1). -lawrequirements are provided below: 4.24.7Parking Regulations In Residential Zones The following regulations shall apply: a)no motor vehicle shall be parked or stored in any residential zone other than a private passenger automobile, a motor home, travel trailer, or truck camper, or in the case of a commercial motor vehicle as provided for in this By- law; b)no commercial motor vehicle, having a capacity of greater than 6000 kilograms, shall be parked or stored outdoors in the Village Residential One (VR1) Zone, Village Residential Two (VR2) Zone, Hamlet Residential (HR) Zone or Mobile Home (MH) Zone; c)all parking spaces in any residential zone shall be located in an attached or detached private garage, or in a driveway, or in a side or rear yard provided that the lot coverage of the spaces shall not exceed 15% of the total lot area; d)no commercial motor vehicle, having a capacity of greater than 6000 kilograms, shall idle for an extended period of time in any residential zone. Comments/Analysis: Commercial Motor Vehicles: Definitions and ZoningRequirements According to the Ontario Ministry of Transportation (MTO),acommercial motor vehicle includes: anytruck with a gross weight or registered gross weight over 4,500 kg;buses with a seating capacity of 10 or more passengers; and,tow trucks regardless of gross weight or registered gross weight. Transport trucks, as will be further discussed, are commercial motor vehicle Section 4.24.7 of tZoning By-law currently regulates commercial vehicles in residential zones by setting standards forany commercial vehicle exceeding 6,000 kg gross vehicle weight ratingGVWR provided on theactual vehicleMTO registration documents). TZoning By-law requires vehiclesexceeding this weight to be parked/ storedwithin a building on the residential lot (e.g. an attached or detached garage/shop). Commercial vehicles that do not exceed the 6,000 kgthreshold can be 61 Given that the GVWR is an industry standard, it is common formunicipal zoning by-laws in Ontario to use this weighting standard to differentiate the types of commercial vehicleswhen addressing parking in residential zones. Figure 1: Examplesof two commercial vehiclesweighing approximately 4,500 kg to 4,700 kgeach. Figure 1 aboveprovidesexamples of commercial vehicles that would be permitted to be parked outsideon lots (i.e. in the driveway of a residential lot)within the residential zones as perthe -law. The box truck provided in Figure 2 is an example of a commercial vehicle that reaches the maximum limit of what the - lawcurrently permitsto be parked outside.If this truck was not being parked within a building on the property as described above, confirmation of Figure 2: Example of a commercial vehicle weighing approximately 6,000 kg. conformity with the Zoning By-law. In a scan of area zoning by-laws(see Appendix 1 to this Report), the 4,500-6,000 kg maximum appears to be the most common approachto regulating such vehicles, including,requiring such vehicles exceeding these weightsto be parked in residential zonesprovided that they areparked inside of a building. Figure 3: Example of a commercial utility truck Figure 4:Example of a transport truck with a minimum gross weight exceeding 6000 62 Figures 3 and 4 on the previous pageare examples of commercial vehicles which , and shall be stored inside of a building on a residential lot. Figure 3is a typical utility truckwithin the 6,350 kgto 7,257 kg class range, while Figure 4 is a transport truck, without atrailer. All transport trucks(also known astractor-trailer semi-trucks)are classified as 14,969 kgor heavier/larger. The Zoning By-law provisions as noted above only apply to commercial motor vehicles parked in residential zones in designated settlement areas (Springfield, Port Bruce, and the hamlet areas). Similar restrictions have not been considered necessary for residential lots zoned Rural Residential (RR) and Small Lot Agricultural (A4) insofar as these lots tend to be characterized by more isolated locations interspersed in the rural areas of the Township. Notwithstanding that they usually exceed the maximum weight/length limitation, school buses are often provided an exemption in municipal zoning by-laws; this is done as the drivers of school buses and the buses themselves provide an accepted and appreciated service to the broader community. Parking of Transport Trucks in Residential Zones largercommercial vehiclesparked within a building appears to be very common. Such larger vehicles, especially transport trucks when parked outside on a daily basis,can cause both residential/neighbourhood character and nuisance impacts. Further, theformer Ontario Municipal Board (now the Local Planning Appeal Tribunal, as, in at least oneinstance, agreed with a that the parking of commercial motor vehicles undermines the residential character of the neighbourhood and does not constitute good and proper planning. If the commercial motor vehicle restrictions aresignificantly relaxed from the current Zoning By-law requirements it could prove difficult, on appeal, to defend at the LPAT. The smaller utility truck shownin Figure 3, as well as other similar-sized commercial vehicles,canbe easilyparked within typical attached or detachedresidentialgarages given theiroverall short height and total length. The transport truck shown in Figure 4, however, would be more difficult to store given its tallerheight and overall length. A-law does not differentiate or prohibit transport trucks,anybuilding needed to storeatransport truck would need to be considerably larger, and taller, with wider roof spans needed to incorporate a taller overhead door for clearanceof the transport truck.Further, such larger buildings are difficult to accommodate on residential properties due to zoning requirements for accessory structures. in residential areas can appear nature, or over-power the residential character of the propertyas well as its surrounding neighbourhood, in certain site-specific instances where:the lot is large enough;the shop structure is behind the dwelling (and adequately screened from the road/ neighbourhood);and,architectural elements and building materials are used to soften 63 the appearance of the structure, such shop structures can appropriately fitinto neighbourhoods typical of rural,un-serviced settlement areas such as whatexist in Malahide. As such, and given the impacts that larger transport trucks can have on neighbouring properties and neighbourhood characterthe Council encourage such transport truck operators to find properties wherea shop either exists, or could be established appropriately. If a residential property is too small to The Township Planner has come acrossonly one municipalitythat would allow for the as-of-right parking of a transport truck in a residential zone.Although transport trucks are not specifically permitted, the Municipality of North Perth (8m length permitted) would appear to permitan owner-operator to parkhis/her commercial vehicle (which includes a transport truck)at their propertywithin the residential zone.The Township of Perth East (9m length permitted) factorsinan attached trailer to the total length of the vehicle, so would not permit a transport truck. In the scan of other area municipal zoning by-laws(provided in Appendix 1), where transport trucksare specifically mentioned, it is usually done so in order to prohibit the parking/storing of such vehicles in residential zones (See Townships of Zorra, Norwich, Wellesley, Wilmot, and Mapleton). Available OptionsforTransport Trucks in Residential Zones The Township Planner does not recommend that the current regulations be relaxed, however,the Council already has available to it certain tools that could allow, where site/neighbourhood conditions are appropriate, the parking of transport truckson properties in a residentialzone. The below options would allow any proponent wanting to park a transport truck to proceed through the appropriate planning approval process, and allow the Council the tools to considersuch properties is maintained. Options are as follows: 1.Allow for theestablishment of a larger, detached accessory structure through minor variance/zoning by-law amendment. -law provides Accessory Buildings and Structures such structures shall not exceed ten (10) percent coverage of the lot areaor six (6.0) metres in height. As described previously, if a lot is deemed large enough and meets the general criteria noted above for ensuring neighbourhood character, a minor variance or zoning by-law amendment could be obtained to allow a larger structure, and such structure could in turn store a transport truck without contravening the Township Zoning By-law. 2.Site Plan Control Although the TownshipOfficial Plan and Site Plan Control By-law currently exempts single-detached dwellings (as well as farm development)from requiring site plan approval, such exemption applies only to the dwelling itself. The 64 Council could utilizesite plan approvalforresidential properties in certain,limited circumstances as deemed appropriate by the Council (such as, wherethe Committee of Adjustment/Council has granted relief to a property from the Zoning By-lawfor a larger accessory structure). Site Plan Controlin these situations couldgive the Council the ability to secure appropriateon-site physical mitigating measures (e.g. establishment and location for fencing, hedgerows, building locations, etc.), and include clauses in the agreement regarding the use ofthe building to store a transport truck. 3.Temporary-Use Zoning By-laws Where the Council is compelled to allow the parking of a transport truck outside of a structure, and have been satisfied that the neighbour(s) are not concerned or opposed, the Councilcould pass a time-limited temporary-use zoning by-law. Such by-law would expire after a certain time frame, or be extended for another temporary period by Council. This would ensure that, notwithstanding that the property may not be entirely appropriate for the outside parking of a transport truck, the parking of such would not be indefinite. The temporary-use zoningby-law should only be used in very limited circumstances, and where the Council is satisfied that the neighbourhood is supportive. Further, any impacts should be mitigated to the greatest extent possible through a site plan agreement. Options to Amend (i.e. Relax) the Zoning By-law for Transport Trucks If Council deems it appropriate to relax the requirements for transport trucks in residential zones, the Planner suggests that such parking be regulated as follows: Notwithstanding Section 4.24.7 b) of this By-law to the contrary, the parking of one transport truck, excluding any trailer which may be pulled byand or attached tothe transport truck, may be parked or stored outdoors in the Village Residential One (VR1) Zone, Village Residential Two (VR2) Zone, Hamlet Residential (HR) Zone or Mobile Home (MH) Zone provided such transport truck: a)is operated by the owner or occupant of such property; b)is parked on a lot which meet or exceed the minimum lot area and lot frontage requirementsof the applicable Residential Zone (the provisions of Section 4.10 do not apply);and, c)shall not be parked: i.closer to the front lot line or the exterior side lot line than the minimum distance required for the main building on the lot; ii.in the front yard or, in the case of a corner lot, in the exterior side yard; iii.closer than 2metres to any lot line; 65 iv.within7.5 metres to the closest part of any existing dwelling unit on another lot;or, v.on a property that is situated within 50 metres from any Institutional Zone or any property which contains an existing Institutional Use. In addition, the property shall besubject to an executed site plan agreement with the Township ensuring that the parking locationof the transport truckis appropriate, and that the satisfactory provision and maintenance of mitigating measures (e.g. privacy fencing, hedgerows, parking location, etc.)is secured In addition to the above, definitions for transport truck should be established as such would become treated differently from each otherin the Zoning By-law. The above would require, amongst othercriteria, that the parking location be properly setback (7.5 m) from the closest point of any neighbouring dwelling,and that site plan approval be granted to allow the Council to require fencing, buffering, etc. If the Council is supportive of the above or similar approach, such would require public notification, circulation and a public meeting just as any other amendment would. The By-law amendment would also be subject to the appeal provisions of the Planning Act. Repealing the commercial vehicle provisions (Section 4.24.7 b) of the Zoning By-law) entirely would have the effect of prohibiting any commercial vehicle being parked in a -law provides that if a use is not listed as a permitted use, it is deemed to be prohibited (with the exception of public uses). Conclusions The Planner is of the opinion that there is already sufficient flexibility in the current zoning regulations for the parking of transport trucksin Malahide. Such vehicles are not specifically identified, or treated differently from any other commercial vehiclein the -law. Transport trucks are known tocause impact to neighbourhood character and pose a nuisance to neighbours and other sensitive land uses with regard to idling. Where appropriate, buildings that are large enough to store atransport truck can mitigate these impacts appropriately, and the Council can utilize the minor variance, zoning by-law amendment, and site plan approval processes to ensure such buildings are appropriately established. Relaxing/permitting outside parking of transport trucks in residential zones as described in this report could also result in increased complaints to the Township than it currently receives Financial Implications to Budget: N/A. 66 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. gic Pillars is Submitted by:Approved by: Adam Betteridge, MCIP, RPP Director of Development Services 67 Appendix 1 Jurisdictional Scan of area municipal zoning regulations for the parking of commercial vehicles in residential zones. The Planner has obtained the following zoning information from similar-sized rural municipalities regarding the parking ofcommercial vehicles in residential zones. Information has been obtained from municipal websites(where available)and provided below. All information is believed to be correct, however is only as current as the information available. Note: not all municipalities regulate commercial vehicles the same way, and some separate commercial vehicles from transport trucks/trailers. No provisions/regulations for commercial vehicles in residential zones were found provisions, the vehicles are not permitted in residential zones. Items highlighted have been done so simply to assist and direct the reader to certain and/orapplicable sections. Elgin County Bayham Zoning By-law: vehicles are limited to 4000 kgs, whereas Malahide limits to 6000 kgs) 4.33 Parking Regulations in Residential Zones 4.33.1 No motor vehicle shall be parked or stored in any residential zone other than a private passenger automobile, a motor home, travel trailer, truck camper, or school bus, or in the case of a commercial motor vehicle as provided for in Section 4.32.2 and 4.32.3 of this By-law. 4.33.2 No commercial motor vehicle, having a gross vehicle weight of greater than four thousand (4000) kilograms, shall be parked or stored in a residential zone,unless such vehicle is parked or stored in a private garage or an accessory building. 4.33.3 No commercial motor vehicle, having a gross vehicle weight of greater than four thousand (4000) kilograms, shall idle for an extended period of time in a residential zone, other than a Rural Residential (RR) Zone 4.33.4 All parking spaces in any residential zone shall be located in an attached or detached private garage, or in a driveway, or in a side or rear yard provided that the lot coverage of the spaces shall not exceed fifteen (15)percent of the total lot area. 68 Central Elgin Zoning By-law: Former Township of Yarmouth ZBL No. 1998 7.1.25 COMMERCIAL VEHICLES IN RESIDENTIAL ZONES It shall be prohibited to use any lot or part of any lot in any residential zone for thepurposes of parking or storing any commercial vehicle except one such vehicle whichdoes not exceed the 1 (one) ton rating provided such vehicle is parked in an accessorybuilding. 7.2.6 USE OF LANDS FOR PARKING IN RESIDENTIAL ZONES 7.2.6.2 Subject to the provisions of 7. 1.9.1, 7.2.6.3, and 7.2.6.4, a parking lot, parking space or residential driveway may be used for the parking of an automobile, motorcycle, snowmobile, trailer, mobile home, motor home, motor scooter, motor assisted bicycle or truck with not more than two axles or a truck for which the manufacturer's gross vehicle rating is less than 4,600 kilograms, Southwold Zoning By-law:(Note: two tonnes is equivalent to 2,000kgs) 3.38 PARKING AND LOADING SPACE REGULATIONS (I)(ii) the parking and/or open storage of commercial motor vehicles including buses and tractor trailers, shall not be permitted within any Residential Zone where such motor vehicles exceed a gross weight of two (2) tonnes. Dutton Dunwich Zoning By-law: 4.35 PARKING REGULATIONS IN RESIDENTIAL ZONES 4.35.3 No commercial motor vehicle, having a capacity of greater than 6000 kilos, shall be parked or stored in the Hamlet Residential (HR), Limited Service Residential (LSR), or either Village Residential (VR1 and VR2) Zone. Middlesex County Thames Centre Zoning By-law: 4.21.11 OTHER PARKING REGULATIONS (4)No commercial vehicle or motorized construction equipment shall be parked or stored on anypart of a Residential Zone, except for commercial vehicles which: (a)have dimensions not greater than 2.4 metres of width, 2.4 metres of height above ground, nor 6 metres of length;or 69 (b)are parked or stored within a building or carport or within a yard other than a front yard, or exterior side yard, or a required interior side yard; (c)or except for the purpose of making deliveries or otherwise providing services, on a temporary basis, to a Residential lot. Middlesex Centre Zoning By-law: No provisions/regulations for commercial vehicles in residential zones were found. Strathroy-Carodoc Zoning By-law: 4.23 PARKING REGULATIONS (5)Residential Parking Requirements Where lands are in a residential zone, all parking spaces shall be located in an attachedor detached private garage, in a driveway, in a designated parking area, or in a side or rear yard provided: b)no motor vehicle having a registered vehicle weight equal to, or greater than, 5000 Kg shall be parked or stored on a residential lot. No cargo trailer having dimensions greater than 2.4 m of width, 2.4 m of height above ground or 6 m of length shall be parked or stored on a residential lot; Southwest Middlesex Zoning By-law: No provisions/regulations for commercial vehicles in residential zones were found. Municipality of West Elgin Zoning By-law: No provisions/regulations for commercial vehicles in residential zones were found. Oxford County Township of Zorra Zoning By-law: 5.19.1.4.2 COMMERCIAL MOTOR VEHICLES AND TRACTOR TRAILERS IN RESIDENTIAL ZONES No person shall use any lot, building or structure in a Residential Zone for the parking or storage of any commercial motor vehicle unless he or she is the owner or occupant of such lot, building or structure, and provided that said vehicle shall not exceed 4000 kg (8,818.3 lb) Gross Vehicle Weight (unloaded) as registered with the appropriate regulating authority and provided that not morethan one commercial vehicle is stored in accordance with this Section. No person shall use any lot, building or structure or street in a Residential Zone for the parking or storage of any tractor trailer or part 70 thereof.This provision shall not include commercial motor vehicles or tractor trailers which temporarily attend at residential premises for the purpose of delivery and/or service provided to the occupants of such residential premises. Notwithstanding subsection 5.19.1.4.2, a maximum of 2 of either a school bus or atractor and/or trailer may be parked or stored on a lot in an RE or RR Zone, locatedoutside of a settlement as defined in Section 2.7.2.1. Township of Norwich Zoning By-law: 5.21.1.4.3 COMMERCIAL MOTOR VEHICLES AND TRACTOR TRAILERS IN RESIDENTIAL ZONES No person shall use any lot, building or structure in a Residential Zone for the parking or storage of any commercial motor vehicle unless such person is the owner or occupant of the lot, building or structure, and provided that said vehicle shall not exceed 4600 kilograms (10,140 lb) Gross Vehicle Weight (unloaded) as registered with the appropriate regulating authority and provided that not more than one commercial motor vehicle is stored in accordance with this Section. No person shall use any lot, building or structure in a Residential, Village or Central Commercial Zone for the parking or storage of any tractor trailer or part thereof.The provisions of this Section shall not apply to commercial motor vehicles or tractor trailers which temporarily attend at residential or commercial premises for the purpose of delivery and/or service provided to the occupants of such residential or commercial premises. Norfolk County Norfolk County Zoning By-law: 4.5 Parking of Vehicles in Residential Zones The parking of vehicles in residential Zones shall be subject to the following: a)not more than one (1) vehicle per dwelling unit shall be a vehicle used for commercial purposes; b)such commercial vehicles shall not exceed a height of 2.2 metres or a length of6.7 metres; Chatham-Kent Municipality of Chatham-Kent Zoning By-law: 4.20 Loading and Parking u) Parking of Commercial Vehicles in Residential Zones No outside parking or storing shall be permitted in a Residential (RL, RM, RH, 71 ER, MH, VR, RLR or SR) Zone of: i)Any vehicle exceeding the registered gross vehicle weight of 4,000 kg or the overall length of 6.1 m, or the overall height of 2.6 m ii)Any vehicle equipped with a stake body, or iii)Any vehicle, trailer or any other load, including a boat, whether on or off atrailer or other supporting device, exceeding a combined height of 3.66 m iv)Notwithstanding 4.20(u) i), ii) or iii) a vehicle not exceeding 4000 kgregistered gross vehicle weight, may be parked or stored outside of a buildingon a lot in a Residential (RL, RM, RH, ER, MH, VR, RLR or SR) zone for aperiod of time not longer than necessary for the loading or unloading of suchvehicle or longer than such vehicle is required in connection with the performance of any service for the occupant of such lot. Perth County North Perth Zoning By-law: 5.19 Parking of Commercial Vehicles in Residential Zones In any Residential Zone, one commercial vehicle or trailer (excluding those for transporting livestock) not exceeding 8 m (26 ft.) in length, may be parked on the same lot as a dwelling unit. Commercial vehicles parked in a Residential Zone must not obstruct any sight triangle as described in Section 5.17. West Perth Zoning By-law: 5.20Parking ofCommercial Vehicles in Residential Zones In any Residential Zone, not more than one commercial vehicle not exceeding 6 metres in length, including any trailer which may be pulled by the vehicle,may be parked on the same lot as a dwelling unit by the owner or occupant of the dwelling unit. This provision shall not apply so as to prevent the stopping of any commercial vehicles making deliveries or collections or supplying services to the dwelling unit on the lot. Any commercial vehicle parked in a Residential Zone shall not be parked in thesight triangle on corner lots. Perth South Zoning By-law: 5.19 Parking of Commercial Vehicles in Residential Zones In any Residential Zone, one commercial vehicle, excluding any trailer which may be pulled by the cab of the vehicle, may be parked on the same lot as a dwelling unit by the owner or occupant of the dwelling unit. The one permitted commercial vehicle shall not exceed 6 metres (19.69 ft.) in length and/or 2.5 metres (8.2 ft.) in height.This provision 72 shall not apply so as to prevent the stopping of any commercial vehicles making deliveries or collections or supplying services to the dwelling unit on the lot. Any commercial vehicle parked in a Residential Zone shall not be parked so as to obstruct a daylight triangle Township of Perth East Zoning By-law: 5.18 Parking of Commercial Vehicles in Residential Zones In any Residential Zone, not more than one commercial vehicle not exceeding 9 metres in length, including any trailer which may be pulled by the vehicle,may be parked on the same lot as a dwelling unit by the owner or occupant of the dwelling unit. Region of Waterloo Wellesley Zoning By-law: 2.228 VEHICLE, COMMERCIAL MOTOR means a motor vehicle having attached thereto a truck or delivery body and includes an ambulance, hearse, casket wagon, fire apparatus, police patrol, motor bus, and other motor vehicles used for the transportation of goods as defined by the Motor Vehicle Act. 4.30 PARKING REGULATIONS IN RESIDENTIAL ZONES 4.29.2 No commercial motor vehicle shall be parked or stored in a residential zone, unless such vehicle is parked or stored in a private driveway, private garage or an accessory building. 4.29.3 No transport truck trailer shall be parked or stored in a residential zone. 4.29.4 No commercial motor vehicle shall idle for more than 15 minutes in a residential zone. Township of Wilmot Zoning By-law: building or structure that is clearly secondary and devoted to the permitted use, building or structure located on the lot. Notwithstanding, in any Residential Zone accessory to residential use subject to thefollowing regulations: a)No commercial vehicle exceeding a vehicle weight (as contained on the vehicle registration), of 4,500 kilograms shall be parked or stored, except within a fully enclosed building or structure; 73 b)Notwithstanding clause a) above, no commercial trailer, cube van, tow truck, tilt/n/load, dump truck, tractor trailer, semi-trailer, or any component thereof, or a bus exceeding 10 passenger seats shall be parked or stored, except within a fully enclosed building or structure; Wellington County Township of Mapleton Zoning By-law: 6.28 PARKING/STORAGE OF COMMERCIAL AND RECREATIONAL VEHICLES a)Within any Residential Zone, the owner of a dwelling unit may use a parking space for the purpose of parking one commercial motor vehicle provided such motor vehicle does not exceed 9.14 metres (30 feet) in length or 3.65 metres (12 feet) in height. b)Within any Residential Zone, the parking or storing of a tractor trailer/transport truck is prohibited. 74 Report toCouncil REPORT NO.:CAO-21-01 DATE: January 18,2021 ATTACHMENT:Policy for Founding Organizations SUBJECT:SPRINGFIELD LIONESS TO BE RENAMED TO SPRINGFIELD SWANS Recommendation: THAT Report No. CAO-21-01entitledfield Lioness to be Renamed to bereceived; AND THATthe Policy for Founding Organizations be updated, effective June 1, 2021,to reflect the change in name of the Springfield LionessClubto Springfield Swans Club. Background: As theCouncil is aware, the attached Policy for Founding Organizations was established in 2011 to provide guidance to ensure a consistent, equitable, and appropriate process: CommunityPlaceand South Dorchester Community Hall; and assistance by theTownship. Comments/Analysis: The Township has been advised that, effective June 1, 2021,the Springfield Lioness Club will be branching off from the Lions Clubs International. The Springfield Club will be re- Swans. With the exception of the name and logo, all of the other aspects of the Club will remain the same. 75 In order to continue to be eligible for grant funding as a Founding Organization, the Municipal Staff are recommending that the attached policy be updated to reflect the 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. One of Our Local Government Pursue New PartnershipsContinuing to develop partnerships at the grassroots level with local service clubs and community groups works to achieve this goal. Submitted by: Michelle Casavecchia-Somers, Chief Administrative Officer/Clerk 76 77 78 79 Report toCouncil REPORT NO.:CAO-20-02 DATE: February 3, 2020 ATTACHMENT:Complaint Protocol SUBJECT:COMPLAINT PROTOCOL ANNUAL REPORT Recommendation: THAT Report No.CAO-20-02entitled received. Background: As a follow-up tothePublic Sector and MPP Accountability and Transparency Act, 2014, the Staff developed a Complaint Protocol in early 2016 to assist persons in dealing with a concern or complaint regarding Township services and administration. goal, in developing the protocol was to improve the quality of public service for everyone in our Township. Thiscomplaint protocol (see attached) and corresponding complaint form are posted on areavailable in hard copyat the Township Office. The Complaint Protocol requires the Chief Administrative Officer/Clerk to report to Council annually. In that report to Council, they shall report on all formal complaints received and on the disposition (including complaints deemed not to be within the jurisdiction of the Township). Comments/Analysis: There were two(2)formalcomplaintsreceived during the 2020calendar year. The firstcomplaint was related to storm water run-off and localized flooding. Following a preliminary assessment, it was determined that such drainage/flooding issues were related to lot grading in an unassumed subdivision.Such issues generally fall to the developer to address and do not fall under the jurisdiction of the Township Staff, although the Staff did ultimately assist in finding a satisfactory resolution.No corrective actions were deemed necessary. 80 The secondcomplaint was related to Building Code and zoning by-law enforcement activities. Following a preliminary assessment, it was determined that, while the complaint suggested that the Township Staff were not responding to by-law enforcement issues, the Staff were following existing enforcement protocols. However, due to a staffing shortage during 2020, there was a delay in addressing those by-law enforcement matters. That situation has now been resolved. No corrective actions were deemed necessary. 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. OurLocal Government Improve Communication within Our CommunityRegularly engaging the public and assisting persons in dealing with a concern or complaint regarding Township services and administrationworks to achieve this goal and improve the quality of public service for everyone. Submitted by: Michelle Casavecchia-Somers, Chief Administrative Officer/Clerk 81 COMPLAINTS Any individual who identifies or witnesses behaviour or anactivity by a sitting Member of Council or Staffthat appears to be in contravention of: a)the Code of Conduct; b)established policies and procedures of the Township; c)appropriate legislation; or d)is unethical on its face; may pursue the matter through one of the procedures detailed below. DIRECTLY The Complainant may address the prohibited behaviour or activity through direct contact with the Memberof Council or Staff, as follows: a)Advise the Member that the behaviour or activity appears tocontravene the Code of Conduct, established policies and procedures, legislation,or is unethical; b)Encourage the Member to acknowledge and agree to stop the prohibited behaviour or activity and to avoid future occurrences of the prohibited behaviour or activity; c)Document the incidents including dates, times, locations, other persons present, and any otherrelevant information; and d)Consider the need to pursue the matter in accordance with anothercomplaint procedure. Individuals are encouraged to pursue this complaint procedure as the first means of remedying behaviour or an activity that they believe violates the Code of Conduct, established policies or procedures, legislation,or is unethical on its face. However, this process is not a precondition or prerequisite to pursuing an informal orformal complaint procedure. 82 INFORMAL COMPLAINT PROCEDURE The Complainant may contact the Township of Malahide viaemail,telephone or over the counter to lodge an informal complaint or concern, requesting the prohibited behaviour or activity be addressed by Management or Council. A Member of Staff shall document theconcern or complaint using a Complaint Form. A concern or complaint must include the following information: a)The full name of the individual lodging the complaint; b)Contact information of the individual lodging the complaint;and c)Details of the concern or complaint including reasonable andprobable grounds for the allegation, the date and location of the prohibited behaviour or activity, and the names of any other persons who may have been involved in or witnessed the prohibited behaviour or activity. The following procedure shall be followed upon receipt of an informal complaint: 1.The concern or complaint shall be forwarded within 24 hours of receipt to the appropriate Department Headto review the matter. 2.The Department Headshall review the matter within one business day and shall contact the Complainant to acknowledge receipt of the complaint and to discuss any further questions either the Department Heador the Complainant may have. 3.The Department Headshall investigate the allegation and shall determinea suitable course of action to resolve the matter. 4.The Department Headshall report to the Complainant and the Member as to the findings and the resolution within thirty (30) days of receipt of the complaint. 5.The Department Headshall document the actionstaken and the resolution of the issue on the Complaint Form. 6.The completed report and the Complaint Form shall be forwarded to the Chief Administrative Officer/Clerk and shall be filed retention policies. 7.If the Department Headis unable to resolve the issue, the matter shall be referred to the Chief Administrative Officer/Clerk for further review and action. 8.If the Complainant is not satisfied with the resolution, he or she may consider filing a formal complaint or filinga complaint with the Provincial 83 FORMAL COMPLAINT PROCEDURE The Complainant may file a formal complaintin accordance with the following conditions: a)All complaints shall be made in writing and shall be dated and signed by an identifiable individual. b)The complaint must set out reasonable and probable grounds for the allegation that the Member has contravened the Code of Conduct, established policies and procedures, legislation,or has been unethical in their actions. c)If the Complainant is a Member of Council or Staff, their identity shall not be protected if the Provincial Ombudsman finds that the complaint was not made in good faith. d)The Council may also file a complaint and/or request an investigation of any of its membership by public motion. The following procedure shall be followed upon receipt of a formal complaint: 1.The complaint shall be filed with the Chief Administrative Officer/Clerk who shall determine if the matter is, on its face, a complaint with respect to non-compliance and not covered by other legislation or other Council policies as described in subsection2. 2.If the complaint is not, on its face, a complaint with respect to non-compliance or the complaint is covered by other legislation or complaint procedure under another Council policy, the Chief Administrative Officer/Clerkshall advise the complainant in writing. Other legislation or policies may include: a)Criminal Code of Canada b)Municipal Conflict of Interest Act c)Municipal Freedom of Information and Protection of Privacy Act d)Other Policies e)Lack of Jurisdiction f)Matter is already pending. 3.The Chief Administrative Officer/Clerk shall report to Council annually. In his/her report to Council, he/she shall report on all formal complaints received and on the disposition (including complaints deemed not to be within the jurisdiction of the Township). 4.If the Chief Administrative Officer/Clerkis of the opinion that the referral of a matter to him or her is frivolous, vexatious,or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Chief Administrative 84 Officer/Clerk shall not conduct an investigation and, where this becomes apparent in the course of an investigation, shall terminate the investigation. 5.Following receipt and review of a formal complaint, or at any time during the investigation, where the Chief Administrative Officer/Clerkbelievesthat an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the Complainant and the Member agree, efforts may be pursued to achieve an informal resolution. 6.The Chief Administrative Officer/Clerk shall provide the complaint and supporting information to the Member whose conduct is in question with a request for a written response to the allegation be provided within ten (10) business days. 7.If necessary, after reviewing the submitted materials, the Chief Administrative Officer/Clerk may speak to anyone, access and examine any other documents or electronic materials,and may enter the Township location relevant to the complaint for the purpose of investigation and potential resolution. 8.The Chief Administrative Officer/Clerk shall retain all records related to the complaint and investigation. 9.The Chief Administrative Officer/Clerk shall report to the Complainant and the Member as to the findings and the resolution within thirty (30) days of receipt of the complaint.If the investigation process takes more than thirty (30) days, the Chief Administrative Officer/Clerk shall provide an interim report and advise the parties of the date the final report will be available. 10.Where the complaint is sustained in whole or in part, the Chief Administrative Officer/Clerk shall report to Council, outlining the findings, the terms of any settlement,and/or any recommended corrective action. A copy of the report shall be given tothe Complainant and the Member. 11.Where the complaint is not sustained, the Chief Administrative Officer/Clerk shall not report to Council the result of the investigation except as part of an annual report. 12.If the Chief Administrative Officer/Clerk determines that there has been no contravention of the Code of Conduct, established policies and procedures, or legislation, or that a contravention occurred although the Member took all reasonable measures to prevent it, or that a contravention occurred that was trivial or committed through inadvertence or an error of judgment made in good faith, the 85 Chief Administrative Officer/Clerk may so state in the report and may make appropriate recommendations pursuant to the Municipal Act, 2001. 13.The Chief Administrative Officer/Clerk and every person acting under his or her jurisdiction shall preserve confidentiality,where appropriate,and where this does not interfere with the course of any investigation, except as required by law and as required by this complaint protocol. At the time of the Chief Administrative the Council, the identity of the person who is the subject of the complaint shall not be treated as confidential information if the Chief Administrative Officer/Clerk finds that a breach has occurred. 14.If the Complainant is not satisfied with the resolution, he or she may consider filing a complaint with the Provincial 86 Report toCouncil REPORT NO.:HR-21-02 DATE: January 7, 2020 ATTACHMENT:Revised HR Policy C-1.3 Compressed Work Week SUBJECT:POLICY REVISION Recommendation: THATthe revised HR Policy C-1.3, entitled Compressed Work Week, be approved; AND THAT the Municipal Staff be requested to notify eligible Staff of the opportunity to opt in to a compressed work week schedule. Background: The Compressed Work Weekpolicy has been in place with the municipality since before 2008.The attached policy currently allows reception staff to extend their work day for 30 minutes each day, resulting in an accumulation of time, such that they are then able to take 1 day off after 3 weeks. The establishment of this policy enabled the Township Office to open at 8:30 a.m. at no additional financial cost rather than opening at 9:00 a.m. as was done prior to the establishment of the policy. Over the years,some other staff have requested access to this policy and have been denied as it was designed and intended to be specific to the Reception Staff only. Comments/Analysis: As stated above, the compressed work week allows for staff to extend their work day such that they are then able to take a day off after 3 weeks. The policy currently applies to Front Counter Reception Staff only. Such staff have been very conscientious and managed their time well and this flexibility has been welcomed as an opportunity for work/life balance. 87 Some studies have shown that flexibility in work hourshelps toimprove performance and communication. In addition,during the course of the pandemic,the Staff have demonstrated their ability to be flexible, innovative,and resourceful to ensure that the business of the Township is carried out professionally and in a timely manner. The Administrationwould support making the compressed work week available to additional administrative staff as indicatedin the attached draft policy revision.The proposed wording changes to expand the scopeof the policy are highlighted in yellow. 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 Local Government Embody Financial Efficiency throughout DecisionMakingBy ensuring that the Township hasthe right people, performing the right tasks, at the right time, the Council is supporting these goals. Submitted by:Approved by: Gwen Tracey HR Manager 88 Section: Terms and Rules of Policy Number:C1.3 Employment Subsection: SchedulingEffective Date: February 4,2021 Subject: Compressed Work Week Revision Date:February 4, 2021 Page 1 of 1 COMPRESSED WORK WEEK (Reception Staff) (Receptionist, Community & Corporate Services Clerk and Physical Services Clerk) (Administration Staff) (CAO, Directors and 40 hour staff excluded) Purpose: To extend the office hours for the municipal office and to recognize the growing need of many employees to balance work, family and personal responsibilities. Policy: 1.Staff have normal working hours of 9:00 a.m. 4:30 p.m. with ½ hourfor lunch. Using this compressed work weekhours,receptionstaffwill begin their normal working hours at 8:30 a.m. and endthe day at 4:30 p.m. with ½ hour for lunch. 2.Administrative staff, excluding the CAO, Directors,and staff whose regular work week is 40hours, may choose to work this compressed work week hours. 3.After working 15 days using the compressed work weekhours schedule,an employee may take 1 regular work day off. 4.Days off must be taken in full working days (ie. No partial days). 5.Days off must be taken within the next 3 week period. 6.Reception staffmust coordinate days off so that there is always 2 people available for the front counter at all times. 7.Days off for reception staff may not be taken during weeks when there is anticipated to be heavier thannormal activity at the front counter (ie. Tax payment weeks). 8.Requests for days off must be approved in advance by the appropriate Supervisor. 9.Compressed Work WeekHours worked and the corresponding days off will not be carried forward or paid out at the end of the yearunless approved in advance by the appropriate Supervisor. 89 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.21-14 Being a By-law toauthorize the execution of an Agreement with The Talbot Trail ATV Club Inc.toensure that the use of off-roadvehicles within the Township of Malahide is orderly andlawful. WHEREASthe Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended, section 191.8(1), provides that no person shall drive an off-road vehicle on a highway except in accordance with the Highway Traffic Act regulations and any applicable Municipal By-law; AND WHEREASthe Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended, section 191.8(3) provides that the Council of a municipality may pass a by- law permitting the operation of off-road vehicles on any highway within the municipality thatis under the jurisdiction of the municipality, or on any part or parts of such highway and during specified months or hours; AND WHEREASthe Council of The Corporation of the Township of Malahide enacted By-law No. 17-51to permit the operation of off-road vehicles on specified highways under the jurisdiction of the Township of Malahide; AND WHEREASThe Talbot Trail ATV ClubInc. hasrequested that the operation of off-road vehicles be permitted on certain highways within the Township of Malahide which connect various parts of trail routes used by its members; AND WHEREASthe Council of The Corporation of the Township of Malahide deems it desirable to permit the operation of off-road vehiclesby members of The Talbot Trail ATV Clubon specified highways under the jurisdiction of the Township of Malahide; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the entering into of anAgreement with The Talbot Trail ATV Club Inc. to ensure that the use of off-road vehicles within the Township of Malahide is orderly and lawful is hereby approved and authorized; 2.THAT the Mayor and the Clerk be and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Agreement in substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law; 3.THAT the said Agreement shall take effect and come into force upon the signing thereof by all partiesthereto; 4.THAT this By-law shall come into force and take effect on the final passing thereof. 90 rd READaFIRSTandSECONDtime this3day of December, 2021. rd READaTHIRDtime and FINALLY PASSEDthis 3day of December, 2021. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers 91 92 93 94 95 96 97 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.21-13 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 February 4,2021,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 ofthe Ontario Municipal Board or other authority is required by law, ishereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-law. 2.THAT the Mayorand the appropriate officials of the Township of Malahideare hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Township of Malahidereferred to in the proceeding section. 3.THATthe Mayorand the Clerk are hereby authorized and directed to execute all documents necessary in that behalf and to affix thereto the corporate seal of the Township of Malahide. 4.THAT this By-law shall come into force and take effect upon the final passing thereof. th READaFIRSTandSECONDtime this4day of February,2021. READaTHIRDtime and FINALLY PASSEDthis4thday of February, 2021. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers