Corporation of the Township of Malahide€¦ · July 6, 2017 – 7:30 p.m. ... East Ferris and...

The Corporation of the Township of Malahide

A G E N D A

July 6, 2017 – 7:30 p.m.

Springfield & Area Community Services Building 51221 Ron McNeil Line, Springfield.

(A) Disclosure of Pecuniary Interest (B) Approval of Previous Minutes RES 1 (Pages 12 - 25)

(C) Presentations/Delegations/Petitions

(i) Meeting to Consider – Lee Drain - Decoutere Branch relating to lands at Part Lot 10, Concession 5, Geographic Township of Malahide. RES 2 - 5 (Pages 26 - 27)

(ii) Meeting to Consider – J. F. O’Brien Drain - Branch “B” 2017 relating to lands at Part Lots 21 and 22, Concession 4, Geographic Township of Malahide. RES 6 - 8 (Pages 28 - 29)

(iii) Public Meeting – Proposed Road Closing of Unnamed Street between Lots 10 and 11, East of Water Street, Registered Plan 55, Port Bruce. RES 9 (Pages 30 - 45)

(D) Reports of Departments

(i) Director of Fire & Emergency Services - Emergency Services Activity Report – May. RES 10 (Pages 46

- 49)

(ii) Director of Physical Services

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- Off-Road Vehicle Use Agreement: Talbot Rail ATV Club. RES 11 (Pages 50 - 59)

- Tender Results: Rogers Road (Catfish Creek) Erosion. RES 12 (Pages 60 - 64)

- Petition for Drainage: Carolyn Davis Drain – Hayhoe Petition. RES 13 (Pages 65 - 69)

- Road Occupancy Permit Fee Revision. RES 14 (Pages 70 - 72)

(iii) Director of Community & Corporate Services

- Report - Severance Applications E41/17, E42/17, and E43/17. RES 15 (Pages 73 - 74)

- Conditions – Severance Applications E41/17, E42/17 and E43/17. RES 16 (Pages 75 - 86)

(iv) Director of Financial Services

- Administrative Matters Pertaining to Assessment. RES 17 (Pages 87 - 89)

(v) CAO/Clerk

- Waste Disposal Extension Agreement. RES 18 (Pages 90 - 98) - Health and Safety Policy. RES 19 (Pages 99 - 101)

(E) Reports of Committees/Outside Boards.

(i) Aylmer Area Secondary Water Supply System and Port Burwell Area Secondary Water Supply System – Joint Board of Management – Minutes of March 8, 2017. RES 20 (Page 102 - 105)

(F) Correspondence RES 21

1. Association of Municipalities of Ontario - Watch File – dated June 15, 22 and 29, 2017. (Pages C3 - 8)

2. Township of Lake of Bays – Resolution supporting the Municipality of East Ferris and Cheryl Gallant, Member of Parliament, regarding the removal of the tax exempt portion of remuneration paid to local officials. (Malahide supported a similar Resolution on June 1, 2017). (Pages C9 - 11)

3. Town of New Tecumseth – Resolution requesting Province to ensure

all bills from companies supplying products derived from carbon based fuels, show the carbon fee/tax on a separate line of the bill. (Pages C12 - 13)

4. Township of Selwyn – Resolution requesting Province to withdraw

changes to the Employment Standards Act Review. (Pages C14 - 15)

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5. Township of Edwardsburgh Cardinal – Resolution requesting Province to cease the download of enforcement responsibility for residential rental maintenance standards proposed in Bill 7. (Pages C16 - 17)

6. Municipality of West Nippissing – Resolution requesting Province to

reconsider proposed changes under Bill 68 pertaining to out of court payments. (Page C18)

7. Minister of Education – Correspondence advising of Ontario’s Plan to

Strengthen Rural and Northern Education. (Pages C19 - 20)

8. L. Hussy – Correspondence regarding traffic concerns on Calton Line West. (Page C251)

9. Ontario Energy Board – Notice to Natural Resource Gas (NRG)

Customers that NRG has applied to correct the reference prices used to record transportation costs in its variance account. (Page C22)

10. Municipality of Central Elgin and Town of Aylmer – Correspondence

regarding County Road Maintenance Agreement (Malahide Council reviewed Agreement on May 4 and provided direction to Municipal Staff – See Report PS-17-19). (Pages C23 - 27)

11. Ontario Ombudsman – 2016-2017 Annual Report. (Pages C28 - 30) 12. Elgin County Land Division Committee – Notice of Appeal Period

Expiration for Severance Application E25/17 of Marvin Ralph Corless and Cindy Lu Corless relating to property located at Part Lot 1, Concession 8. (Page C31)

13. Town of Aylmer – Notice of Public Hearing for Minor Variance relating

to property located at 33-35 Forest Street. (Page C32) 14. Town of Aylmer – Notice of Passing of a Zoning By-law Amendment

relating to property located at 269 Sydenham Street East. (Page C33) 15. Municipality of Central Elgin – Notice of Passing of a Zoning By-law

Amendment relating to property located at 42338 Fruit Ridge Line. (Page C34)

(G) Other Business

(H) By-laws

(i) By-law No. 17-39 - Being a By-law to provide drainage works on the Taylor Drain (Third reading). RES 22 (Pages 106 - 107)

(ii) By-law No. 17-40 - Being a By-law to provide drainage works on the Stewart Drain (Third reading). RES 23 (Pages 108 - 109)

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(iii) By-law No. 17-41 - Being a By-law to provide drainage works on

the Ellis Drain (Third reading). RES 24 (Pages 110 - 111)

(iv) By-law No. 17-59 – Being a By-law to delegate administrative matters to Township Staff. RES 25 (Pages 112 - 113)

(v) By-law No. 17-60 – Being a By-law to authorize a Waste Disposal Extension Agreement. RES 26 (Pages 114 - 115)

(vi) By-law No. 17-61 – Being a By-law to stop up and close the

municipal road allowance being all of the unnamed street between Lots 10 and 11, East of Water Street, Plan 55, Port Bruce. RES 27 (Pages 116 - 117)

(vii) By-law No. 17-62 – Being a By-law to authorize the sale of surplus

land to John Crane and Catherine Crane. RES 28 (Pages 118 - 120)

(viii) By-law No. 17-63 – Being a By-law to amend By-law No. 17-51

relating to off-road vehicles. RES 29 (Pages 121 - 122) (ix) By-law No. 17-64 – Being a By-law to authorize the execution of an

agreement with The Talbot Trail ATV Club Inc. relating to off-road vehicles. RES 30 (Pages 123 - 124)

(I) Closed Session (J) Confirmatory By-law RES 31 (Page 125) (K) Adjournment RES 32

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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 Council held on June 15,

2017 be adopted as printed and circulated. 2. THAT the Engineer’s Report for the Lee Drain - Decoutere Branch, as

prepared by Cyril J. Demeyere Limited and dated June 16, 2017, be accepted;

AND THAT By-law No.17-58, being a by-law to provide for the Lee Drain - Decoutere Branch drainage works be read a first and second time and provisionally adopted.

4. THAT the Court of Revision for the Lee Drain - Decoutere Branch be

scheduled to be held on August 3, 2017, at 7:30 p.m. 5. THAT the tenders for the construction of the Lee Drain - Decoutere

Branch be requested for July 28, 2017, at 11:00 a.m. 6. THAT the Engineer’s Report for the J. F. O’Brien Drain - Branch “B” 2017,

as prepared by Spriet Associates and dated May 26, 2017, be accepted;

AND THAT By-law No. 17-55, being a by-law to provide for the J. F. O’Brien Drain - Branch “B” 2017 drainage works be read a first and second time and provisionally adopted.

7. THAT the Court of Revision for the J. F. O’Brien Drain - Branch “B” 2017

be scheduled to be held on August 3, 2017, at 7:30 p.m. 8. THAT the tenders for the construction of the J. F. O’Brien Drain - Branch

“B” 2017 be requested for July 28, 2017, at 11:00 a.m. 9. THAT Report No. CCS-17-27 entitled “Request to Purchase Unopened

Road Allowance: John & Cathy Crane, 3278 Colin Street” be received;

AND THAT the Municipal Staff be directed to prepare the necessary by-law to stop up and close the unopened road allowance located adjacent to 3278 Colin Street in Port Bruce;

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AND THAT the Municipal Staff be directed to prepare the necessary by-law to authorize the divestment of the subject unopened road allowance to John Crane and Cathy Crane, of 3278 Colin Street; and to proceed with the necessary action to complete the divestment in accordance with the Township of Malahide’s Road Closing Procedures Policy.

10. THAT Report No. F-17-10 entitled “Emergency Services Activity Report –

May” be received. 11 THAT Report No. PS-17-37 entitled “Off-Road Vehicle Use Agreement:

Talbot Trail ATV Club” be received;

AND THAT a two year agreement with the Talbot Trail ATV Club to permit the use of off-road vehicles on Township Roads be approved; SUBJECT TO the terms and conditions as outlined in the Recognized Agency Agreement and By-law No. 17-51;

AND THAT By-law No. 17-51, being a by-law to govern the use of off-road vehicles on municipal roads, be amended to include the roads identified in this Report.

12. THAT Report No. PS-17-38 entitled “Tender Results: Rogers Road (Catfish

Creek) erosion” be received;

AND THAT the tender for the Rogers Road (Catfish Creek) Erosion Project be awarded to Bronte Construction Ltd., of Oakville, Ontario, in the tender amount of $163,228.00 plus HST.

13. THAT Report No. PS-17-39 entitled “Petition for Drainage: Carolyn Davis

Drain – Hayhoe Petition” be received;

AND THAT Matt Sweetland, P. Eng., of Cyril J. Demeyere Limited, be appointed to prepare an Engineer’s Report for the Hayhoe petition; it being noted that the Petitioner is requesting this petition to be incorporated into the Engineer’s Report currently being prepared to address the Hotchkiss Petition.

14. THAT Report No. PS-17-20 entitled “Road Occupancy Permit Fee Revision”

be received;

AND THAT the User Fee By-law No. 17-48 be amended to add a user fee of $0.00 for Road Occupancy Permits insofar as they pertain to the installation of underground sprinkler systems.

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15. THAT Report No. CCS-17-26 entitled “Severance Applications E41/17, E42/17, and E43/17” be received;

AND THAT this report be forwarded to the Land Division Committee for its review and consideration.

16. THAT the Malahide Township Council has no objection to the Land

Severance No. E41/17, E42/17, and E43/17 in the name of 1499039 Ontario Ltd. (Nick Provoost), relating to the property located at Part Lot 20, Concession 12, Geographic Township of South Dorchester, subject to the following conditions: 1. That the applicant is responsible to apply and pay all fees to the

Township with respect to Civic Addressing Numbers/Signage for the severed and retained portions of property prior to the condition being deemed fulfilled.

2. That the applicant initiate and assume, if required, all engineering

costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with such costs to be paid in full to the township prior to the condition being deemed fulfilled.

3. That the applicant initiate and assume, if required, all engineering

and construction costs associated with construction of a new Municipal drain, or, the relocation of Municipal drain. To be commenced in accordance with the Drainage Act, RSO 1990. All costs to be paid in full to the township prior to the condition being deemed fulfilled.

4. That all residential entrance permits are acquired from the

appropriate road authority and installed as per the entrance policy. That the existing field entrance be removed or modified for residential use.

5. That all outstanding work orders or by-law enforcement issues be

resolved to the satisfaction of the Chief Building Official prior to the condition being deemed fulfilled.

6. That the applicants initiate and assume all planning costs

associated with the required Official Plan Amendment, Zoning Amendment, Minor Variance or other land use planning process as required in accordance with the Ontario Planning Act, RSO 1990, with such cost to be paid in full to the Township and that the required process be successfully completed prior to the condition being deemed fulfilled.

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7. That the applicants initiate and assume the full cost associated with

the required Development Agreement in accordance with section 53 of the Ontario Planning Act, R.S.O. 1990.With such cost to be paid in full to the Township and that the required process be successfully completed prior to the condition being deemed fulfilled.

8. That the applicant be required to retain the services of a

professional designer and have an engineered Lot grading plan and ditch grading plan prepared in accordance with good engineering practices, that are suitable to the Township prior to the condition being deemed fulfilled.

9. The owner has the necessary review and lot assessment

conducted to ensure that it is suitable for the installation of a sewage disposal system and payment of necessary fees per lot.

10. That all applicable property taxes, municipal fees and charges be

paid to the Municipality prior to the stamping of the deeds

11. That three copies of a reference plan be submitted to the satisfaction of the Municipality, one of which shall be either 8 ½” X 14” or 11” X 17”, and an electronic version of the plan shall also be submitted.

17. THAT Report No. FIN 17-19 entitled “Administrative Matters Pertaining to

Assessment” be received;

AND THAT the Treasurer (or their designate) be delegated the authority to initiate and file notices of assessment appeal, for any property in the Township of Malahide, with the Assessment Review Board;

AND THAT the Treasurer (or their designate) be delegated the authority to withdraw any appeal filed by the Township of Malahide, should it be determined that it is not in the Township's best interest to proceed;

AND THAT the Treasurer (or their designate) be delegated the authority to attend any Mediation or Settlement Conferences on property tax or assessment matter as a party to all appeals whether filed by the Township of Malahide or another person, entity or agent;

AND THAT the Treasurer (or their designate) be delegated the authority to attend before the Assessment Review Board on property

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tax or assessment matters as a party to all appeals whether filed by the Township of Malahide or another person, entity or agent;

AND THAT the Treasurer (or their designate) be delegated the authority to execute settlement agreements, on behalf of the Township of Malahide, reached in the course of a taxation or property assessment appeal, mediation or settlement conference.

18. THAT Report No. CAO-17-11 entitled “Waste Disposal Extension

Agreement” be received;

AND THAT the proposed Waste Disposal Extension Agreement between the City of Toronto and County of Elgin and other Local Municipalities to permit the continuation of waste disposal services at the Green Lane Landfill until February, 2029, be approved.

19. THAT Report No. HS-17-01 entitled “Health and Safety Policy” be

received;

AND THAT the Mayor and Chief Administrative Officer/Clerk be authorized to sign the Health & Safety Policy on behalf of the Corporation.

20. THAT the following Reports of Committees/Outside Boards be noted and

filed:

(i) Aylmer Area Secondary Water Supply System and Port Burwell Area Secondary Water Supply System Joint Board of Management Minutes for March 8, 2017.

21. THAT the following correspondence be noted and filed:

1. Association of Municipalities of Ontario - Watch File – dated June 15, 22 and 29, 2017.

2. Township of Lake of Bays – Resolution supporting the Municipality of East Ferris and Cheryl Gallant, Member of Parliament, regarding the removal of the tax exempt portion of remuneration paid to local officials. (Malahide supported a similar Resolution on June 1, 2017).

3. Town of New Tecumseth – Resolution requesting Province to ensure

all bills from companies supplying products derived from carbon based fuels, show the carbon fee/tax on a separate line of the bill.

4. Township of Selwyn – Resolution requesting Province to withdraw

changes to the Employment Standards Act Review.

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5. Township of Edwardsburgh Cardinal – Resolution requesting Province

to cease the download of enforcement responsibility for residential rental maintenance standards proposed in Bill 7.

6. Municipality of West Nippissing – Resolution requesting Province to

reconsider proposed changes under Bill 68 pertaining to out of court payments.

7. Minister of Education – Correspondence advising of Ontario’s Plan to

Strengthen Rural and Northern Education.

8. L. Hussy – Correspondence regarding traffic concerns on Calton Line West.

9. Ontario Energy Board – Notice to Natural Resource Gas (NRG)

Customers that NRG has applied to correct the reference prices used to record transportation costs in its variance account.

10. Municipality of Central Elgin and Town of Aylmer – Correspondence

regarding County Road Maintenance Agreement (Malahide Council reviewed Agreement on May 4 and provided direction to Municipal Staff – See Report PS-17-19).

11. Ontario Ombudsman – 2016-2017 Annual Report. 12. Elgin County Land Division Committee – Notice of Appeal Period

Expiration for Severance Application E25/17 of Marvin Ralph Corless and Cindy Lu Corless relating to property located at Part Lot 1, Concession 8.

13. Town of Aylmer – Notice of Public Hearing for Minor Variance relating

to property located at 33-35 Forest Street. 14. Town of Aylmer – Notice of Passing of a Zoning By-law Amendment

relating to property located at 269 Sydenham Street East. 15. Municipality of Central Elgin – Notice of Passing of a Zoning By-law

Amendment relating to property located at 42338 Fruit Ridge Line. 22. THAT By-law No. 17-39, being a By-law to provide for Drainage works on

the Taylor Drain, be read a third time, finally passed, and be properly signed and sealed.

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23. THAT By-law No. 17-40, being a By-law to provide for Drainage works on the Stewart Drain, be read a third time, finally passed, and be properly signed and sealed.

24. THAT By-law No. 17-41, being a By-law to provide for Drainage works on

the Ellis Drain, be read a third time, finally passed, and be properly signed and sealed.

25. THAT By-law No. 17-59, being a By-law to delegate administrative matters

to Township Staff, be given first, second and third readings, and be properly signed and sealed.

. 26. THAT By-law No. 17-60, being a By-law to authorize the execution of an

Extension Agreement with the City of Toronto, the County of Elgin, and other Local Municipalities for the provision of waste disposal services at the Green Lane Landfill Site, be given first, second and third readings, and be properly signed and sealed.

27. THAT By-law No. 17-61, being a By-law to stop up and close the

municipal road allowance being all of the unnamed street between Lots 10 and 11, East of Water Street, Registered Plan 55, Hamlet of Port Bruce, be given first, second and third readings, and be properly signed and sealed.

28. THAT By-law No. 17-62, being a By-law to authorize the sale of surplus

land to John Crane and Catherine Crane, be given first, second and third readings, and be properly signed and sealed.

29. THAT By-law No. 17-63, being a By-law to amend Schedule “A” to By-law

17-51 insofar as it prescribes designated highways on which off-road vehicles are permitted to operate, be given first, second and third readings, and be properly signed and sealed.

30. THAT By-law No. 17-64, being a By-law to authorize the execution of an

Agreement with The Talbot Trail ATV Club Inc. to ensure that the use of off-road vehicles is orderly and lawful, be given first, second and third readings, and be properly signed and sealed.

31. THAT By-law No. 17-56, being a Confirmatory By-law, be given first,

second and third readings, and be properly signed and sealed. 32. THAT the Council adjourn its meeting at _______ p.m. to meet again on

July 20, 2017, at 7:30 p.m.

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The Corporation of the Township of Malahide

June 15, 2017 – 7:30 p.m. ___________________________________________________________ The Malahide Township Council met in the Council Chambers located in the Springfield & Area Community Service Building, at 51221 Ron McNeil Line, Springfield, at 7:30 p.m. with the following present: Council: Mayor D. Mennill, Deputy Mayor J. Jenkins, Councillor M. Widner, Councillor M. Moore, Councillor R. Cerna, Councillor M. Wales, and Councillor C. Glinski. Staff: Chief Administrative Officer/Clerk M. Casavecchia-Somers, Director of Financial Services S. Dieleman, Director of Physical Services R. Johnson, Director of Community and Corporate Services E. DiMeo, and Deputy Clerk D. Wilson.

CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:30 p.m. DISCLOSURE OF PECUNIARY INTEREST and the General Nature thereof: No disclosures of pecuniary interest were declared.

MINUTES: No. 17-272 Moved by: Rick Cerna Seconded by: Mark Wales THAT the minutes of the regular meeting of the Council held on June 1, 2017 be adopted as printed and circulated.

Carried.

PRESENTATIONS/DELEGATIONS/PETITIONS:

Court of Revision – Taylor Drain No. 17-273

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Moved by: Mark Wales Seconded by: Max Moore

THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the Taylor Drain 2017:

Mayor Dave Mennill (Chair) Deputy Mayor Jim Jenkins Councillor Chester Glinski.

Carried. No. 17-274 Moved by: Chester Glinski Seconded by: Jim Jenkins THAT the Court of Revision for the Taylor Drain 2017 be called to order at 7:31 p.m.; AND THAT Dave Mennill be appointed Chairman.

Carried. Drainage Engineer M. DeVos, of Spriet Associates, briefly outlined the nature of the proposed drainage works and the related Assessment Schedule. Chair Mennill inquired if any written comments/objections had been received and was advised that there were none. Chair Mennill inquired if any person in attendance wished to make any comments or ask any questions concerning the proposed Assessment Schedule and there were none. Chair Mennill asked if any of the Court of Revision members had any questions or comments for the Engineer and/or the public, and there were none. No. 17-275 Moved by: Jim Jenkins Seconded by: Chester Glinski THAT the Court of Revision members for the Taylor Drain 2017 do hereby accept the recommendations of Drainage Engineer M. P. DeVos, Spriet Associates; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer dated March 31, 2017.

Carried.

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No. 17-276 Moved by: Chester Glinski Seconded by: Jim Jenkins THAT the Court of Revision relating to the Taylor Drain 2017 be adjourned and the Council Meeting reconvene at 7:33 p.m.

Carried. No. 17-277 Moved by: Chester Glinski Seconded by: Mark Wales THAT the tender for the Taylor Drain 2017 be awarded to Van Bree Drainage and Bulldozing in the amount of $38,175.00 plus HST; subject to the expiration of all appeal periods and subject to no appeals having been received related to the Taylor Drain 2017.

Carried.

Court of Revision – Stewart Drain 2017 No. 17-278 Moved by: Mark Wales Seconded by: Rick Cerna

THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the Stewart Drain 2017:

Mayor Dave Mennill (Chair) Deputy Mayor Jim Jenkins Councillor Max Moore.

Carried. No. 17-279 Moved by: Max Moore Seconded by: Jim Jenkins THAT the Court of Revision for the Stewart Drain 2017 be called to order at 7: 34 p.m.; AND THAT Dave Mennill be appointed Chairman.

Carried.

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Drainage Engineer John M. Spriet, of Spriet Associates, briefly outlined the nature of the proposed drainage works and the related Assessment Schedule. Chair Mennill inquired if any written comments/objections had been received and was advised that there were none. Chair Mennill inquired if any person in attendance wished to make any comments or ask any questions concerning the proposed Assessment Schedule and there were none. Chair Mennill asked if any of the Court of Revision members had any questions or comments for the Engineer and/or the public, and there were none. No. 17-280 Moved by: Jim Jenkins Seconded by: Max Moore THAT the Court of Revision members for the Stewart Drain 2017 do hereby accept the recommendations of Drainage Engineer John M. Spriet, Spriet Associates; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer dated April 11, 2017.

Carried. No. 17-281 Moved by: Jim Jenkins Seconded by: Max Moore THAT the Court of Revision relating to the Stewart Drain 2017 be adjourned and the Council Meeting reconvene at 7:39 p.m.

Carried. No. 17-282 Moved by: Mark Wales Seconded by: Rick Cerna THAT the tender for the Stewart Drain 2017 be awarded to Van Bree Drainage and Bulldozing in the amount of $50,745.00 plus HST; subject to the expiration of all appeal periods and subject to no appeals having been received related to the Stewart Drain 2017.

Carried.

Court of Revision – Ellis Drain Branch “A” 2017

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No. 17-283 Moved by: Max Moore Seconded by: Mark Wales

THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the Ellis Drain Branch “A” 2017:

Mayor Dave Mennill (Chair) Deputy Mayor Jim Jenkins Councillor Rick Cerna.

Carried. No. 17-284 Moved by: Rick Cerna Seconded by: Jim Jenkins THAT the Court of Revision for the Ellis Drain Branch “A” 2017 be called to order at 7:40 p.m.; AND THAT Dave Mennill be appointed Chairman.

Carried. Drainage Engineer John M. Spriet, of Spriet Associates, briefly outlined the nature of the proposed drainage works and the related Assessment Schedule. Chair Mennill inquired if any written comments/objections had been received and was advised that there were none. Chair Mennill inquired if any person in attendance wished to make any comments or ask any questions concerning the proposed Assessment Schedule and there were none. Chair Mennill asked if any of the Court of Revision members had any questions or comments for the Engineer and/or the public, and there were none. No. 17-285 Moved by: Rick Cerna Seconded by: Jim Jenkins THAT the Court of Revision members for the Ellis Drain Branch “A” 2017 do hereby accept the recommendations of Drainage Engineer John M. Spriet, Spriet Associates; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer dated April 19, 2017.

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Carried. No. 17-286 Moved by: Jim Jenkins Seconded by: Rick Cerna THAT the Court of Revision relating to the Ellis Drain Branch “A” 2017 be adjourned and the Council Meeting reconvene at 7:43 p.m.

Carried. No. 17-287 Moved by: Mark Wales Seconded by: Rick Cerna THAT the tender for the Ellis Drain Branch “A” 2017 be awarded to Van Bree Drainage & Bulldozing in the amount of $28,350.00 plus HST; subject to the expiration of all appeal periods and subject to no appeals having been received related to the Ellis Drain Branch “A” 2017.

Carried.

Delegation – Brian Campbell, of Rush Creek Marina. Brian Campbell, of Rush Creek Marina, did not appear before the Council. Chief Administrative Officer/Clerk advised she had received an email from Mr. Campbell indicating that he would not be appearing as a delegation.

REPORTS:

Director of Physical Services

- Roads Department 2017 Activities Report No. 17-288 Moved by: Mark Wales Seconded by: Chester Glinski THAT Report No. PS-17-30 entitled “Roads Department 2017 Activities Report” be received.

Carried.

- Drainage Update Report

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No. 17-289 Moved by: Max Moore Seconded by: Jim Jenkins THAT Report No. PS-17-33 entitled “Drainage Update Report” be received.

Carried.

- Springwater Road Speed Reduction No. 17-290 Moved by: Jim Jenkins Seconded by: Chester Glinski THAT Report No. PS-17-34 entitled “Springwater Road Speed Reduction” be received; AND THAT the proposed reduction of the posted speed limit to 50 km/hour on Springwater Road, from John Wise Line to 300 meters south of John Wise Line, be supported; AND THAT a copy of this report be forwarded to the Council of the Municipality of Central Elgin to seek their concurrence for the proposed reduction of the posted speed limit on Springwater Road; AND THAT the Municipal Staff be directed to prepare the necessary by-law to reduce the posted speed limit to 50 km/hour on Springwater Road, from John Wise Line to 300 meters south of John Wise Line; subject to the concurrence of the Council of the Municipality of Central Elgin.

Carried.

- Off-Road Vehicle Use By-law No. 17-291 Moved by: Mark Widner Seconded by: Rick Cerna THAT Report No. PS-17-27 entitled “Off-Road Vehicle Use By-law” be received; AND THAT the implementation of a two year temporary by-law to permit qualifying Off-Road Vehicle user groups access to the Township’s road network be approved; SUBJECT TO such user groups entering into Recognized Agency Agreement with the Township and fulfilling the terms of

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such a Recognized Agency Agreement; and SUBJECT TO a satisfactory condition assessment of the designated road segments by the Township Staff; AND THAT the proposed draft Off-Road Vehicle Use By-law be approved; AND THAT, upon adoption of such Off-Road Vehicle Use By-law by the Township Council, the Municipal Staff be directed to proceed with making an application to the Ministry of the Attorney General for approval of the Set Fines Schedule as outlined in such By-law. Carried.

- Contract Extension for the Operations and Maintenance of the Elgin Middlesex Pumping Station

No. 17-292 Moved by: Chester Glinski Seconded by: Rick Cerna THAT Report No. PS-17-36 entitled “Contract Extension for the Operations and Maintenance of the Elgin Middlesex Pumping Station” be received; AND THAT the Township, on behalf of the Aylmer Area Secondary Water Supply System, enter into an Agreement with Ontario Clean Water Agency for a 5 year period for the purposes of operating and maintenance of the Elgin Middlesex Pump Station.

Carried.

Director of Community and Corporate Services

- Ashbrook Country Estates, Phase 3 No. 17-293 Moved by: Max Moore Seconded by: Mark Wales THAT Report No. CCS-17-25 entitled “Ashbrook Country Estates, Phase 3” be received; AND THAT the Mayor and the Clerk be authorized and directed to enter into a Subdivision Agreement between Paul and Shirley Faulds, Ashbrook Country Estates, and The Corporation of the Township of Malahide, File No. 34T88006 for the lands located at Part Lot 13, Concession 11, Township of Malahide; subject to all of the conditions as set out in this Report having

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been satisfied.

Carried.

Director of Financial Services

- User Fees and Charges No. 17-294 Moved by: Mark Wales Seconded by: Rick Cerna THAT Report No. FIN-17-17 entitled “User Fees and Charges” be received; AND THAT the user fees and charges as detailed in By-law No. 17-48 be approved.

Carried.

- Clean Water and Wastewater Fund No. 17-295 Moved by: Jim Jenkins Seconded by: Mark Widner THAT the correspondence received from the Ministry of Infrastructure, dated May 24, 2017, regarding the Clean Water and Wastewater Fund, be received.

Carried. - 2017 Financial Report to May 31st

No. 17-296 Moved by: Mark Widner Seconded by: Mark Wales THAT Report No. FIN-17-18 entitled “2017 Financial Report to May 31st” be received.

Carried.

REPORTS OF COMMITTEES/OUTSIDE BOARDS: No. 17-297

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Moved by: Jim Jenkins Seconded by: Mark Widner THAT the following Reports of Committees/Outside Boards be noted and filed:

(i) Long Point Region Conservation Authority Board of Directors – Minutes of April 5 and May 3, 2017.

Carried.

CORRESPONDENCE: No. 17-298 Moved by: Jim Jenkins Seconded by: Rick Cerna THAT the Municipality of Brockton resolution requesting Province to reconsider amendments to the Conservation Authorities Act be supported. Carried. No. 17-299 Moved by: Jim Jenkins Seconded by: Rick Cerna THAT the following correspondence be noted and filed:

1. Association of Municipalities of Ontario - Watch File – dated June 1 and June 8, 2017.

2. Town of Aylmer – Appointment to Terrace Lodge Fundraising

Committee. 3. MP Karen Vecchio and MPP Jeff Yurek – Invitation to “Canada 150

Celebration Event” to be held on Sunday, September 10, 2017, in St. Thomas.

4. College of Physicians and Surgeons of Ontario – Requesting

nominations for an outstanding physician in the community.

5. Elgin County Land Division Committee – Notice of Decision for Severance Application No. E25/17 of Marvin Ralph Corless and Cindy Lu Corless relating to property at Part Lot 1, Concession 8, (Wilson Line), Geographic Township of South Dorchester.

21

6. Elgin County Land Division Committee – Notice of Applications: (i) Severance E24/17 of Karl and Jody Berkelmans relating to

property at 51218 College Line; (ii) Severance E26/17 of James E. Crane and Lisa M. Crane

relating to property at 14508 Putnam Road; (iii) Severance E27/17 of Cheryl and Noel VanRaes relating to

property at 52515 Chalet Line; (iv) Severance E28/17 of Aylmer Cemetery Board relating to

property on Imperial Road (Lot 11, Concession 5); (v) Severance E29/17 of B & AM Reymer Ltd. relating to

property at 7924 Hacienda Road; (vi) Severance E30/17 of B & AM Reymer Ltd. relating to

property at 49827 Nova Scotia Line.

7. Municipality of Central Elgin – Planning Notices: (i) Notice of Intention to remove Holding Symbol relating to

property located at Part of Lots 1 & 2, Range South Edgeware Road.

(ii) Proposed Zoning By-law Amendment relating to property at 313 Colborne Street, Port Stanley.

(iii) Proposed Zoning By-law Amendment relating to property at 384 George Street, Port Stanley.

(iv) Proposed Official Plan Amendment and Zoning By-law Amendment relating to property at 5144 East Road, Port Stanley.

(v) Proposed Draft Plan of Condominium relating to property at Part Lot 24, Concession 6, Geographic Township of North Dorchester (Belmont – Robin Ridge Estates).

8. Town of Aylmer – Notice of Public Hearing for Minor Variance at 33-35 Forest Street, Aylmer.

Carried.

BY-LAWS:

- By-law No. 17-35 – Third Reading of Avon Drain By-law No. 17-300 Moved by: Max Moore Seconded by: Rick Cerna THAT By-law No. 17-35, being a By-law to provide for Drainage works on the Avon Drain (1999) Branch No. 4, be read a third time, finally passed, and be properly signed and sealed.

22

Carried.

- By-law No. 17-48 – User Fees and Rates No. 17-301 Moved by: Mark Wales Seconded by: Jim Jenkins

THAT By-law No. 17-48, being a By-law to establish various User Fees and Rates, be given first, second and third readings, and be properly signed and sealed.

Carried.

- By-law No. 17-49 – Clean Water and Wastewater Fund No. 17-302 Moved by: Mark Wales Seconded by: Mark Widner THAT By-law No. 17-49, being a By-law to authorize the execution a Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure, for the Clean Water and Wastewater Fund, be given first, second and third readings, and be properly signed and sealed.

Carried.

- By-law No. 17-50 – OCWA Agreement for Water Facilities No. 17-303 Moved by: Chester Glinski Seconded by: Jim Jenkins THAT By-law No. 17-50, being a By-law to authorize the execution of a Services Agreement with the Ontario Clean Water Agency for operations and maintenance services for water facilities, be given first, second and third readings, and be properly signed and sealed.

Carried.

- By-law No. 17-51 – Use of Off-Road Vehicles No. 17-304

23

Moved by: Rick Cerna Seconded by: Mark Widner THAT By-law No. 17-51, being a By-law to regulate the Use of Off-Road Vehicles in the Township of Malahide, be given first, second and third readings, and be properly signed and sealed.

Carried.

- By-law No. 17-53 – Ashbrook Country Estates Subdivision (Faulds) No. 17-305 Moved by: Max Moore Seconded by: Mark Widner THAT By-law No. 17-53, being a By-law to authorize the execution of the Ashbrook Country Estates, Phase 3, Sub-Division Agreement, be given first, second and third readings, and be properly signed and sealed.

Carried.

- By-law No. 17-54 – Roadside Grass Cutting No. 17-306 Moved by: Rick Cerna Seconded by: Mark Wales THAT By-law No. 17-54, being a By-law to authorize the execution of a grass cutting agreement with 1564242 Ontario Ltd. (Can Sweep), be given first, second and third readings, and be properly signed and sealed.

Carried.

CLOSED SESSION:

No. 17-307 Moved by: Jim Jenkins Seconded by: Mark Widner THAT Council move into Closed Session at 8:43 p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discuss the following:

(i) Litigation or Potential Litigation regarding property in Port Bruce.

Carried.

24

No. 17-308 Moved by: Mark Widner Seconded by: Chester Glinski THAT Council move out of Closed Session and reconvene at 9:12 p.m. in order to continue with its deliberations.

Carried. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a Litigation or Potential Litigation matter relating to property in Port Bruce. There is nothing further to report.

CONFIRMATORY: No. 17-309 Moved by: Mark Wales Seconded by: Jim Jenkins THAT By-law No. 17-47, being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed.

Carried.

ADJOURNMENT: No. 17-310 Moved by: Mark Widner Seconded by: Chester Glinski THAT the Council adjourn its meeting at 9:16 p.m. to meet again on July 6, 2017, at 7:30 p.m. Carried. _____________________________ Mayor – D. Mennill _____________________________ Clerk – M. Casavecchia-Somers

25

TOWNSHIP OF MALAHIDE

DRAINAGE BY-LAW NO. 17-58

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 the Lee Drain – DeCoutere in the Township of Malahide,

in the County of Elgin

*********** WHEREAS the 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.

Lot 10 Concessions 5

In the Township of Malahide AND WHEREAS the Council for the Township of Malahide has procured a report made by CJDL Consulting Engineers and the report is attached hereto and forms part of this by-law. AND WHEREAS the estimated total cost of constructing the drainage works is $26,250.00. AND WHEREAS $26,250.00 is the amount to be contributed by the municipality for construction of the drainage works. AND WHEREAS $26,250.00 is being assessed in the Township of Malahide in the County of Elgin. AND WHEREAS the 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 dated June 16, 2017, and attached hereto is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized, and shall be completed in accordance therewith.

2. (a) The Corporation of the Township of Malahide may borrow on

the credit of the Corporation the amount of $26,250.00 being the amount necessary for construction of the drainage works.

26

(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 rate not 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 the debentures 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 assessments of $200.00 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 as “Lee Drain – DeCoutere Branch”.

READ A FIRST AND SECOND TIME THIS 6th day of July, 2017. _____________________________ _____________________________ Mayor Clerk READ A THIRD TIME AND FINALLY PASSED THIS 7th day of September, 2017. _____________________________ _______________________________ Mayor Clerk

27


DRAINAGE BY-LAW NO. 17-55

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 the J.F. O’Brien Drain – Branch B in the Township of Malahide,

in the County of Elgin

*********** WHEREAS the 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.

Part Lots 21 to 22 Concessions 4

In the Township of Malahide AND WHEREAS the Council for the Township of Malahide has procured a report made by Spriet Associates and the report is attached hereto and forms part of this by-law. AND WHEREAS the estimated total cost of constructing the drainage works is $19,400.00. AND WHEREAS $19,400.00 is the amount to be contributed by the municipality for construction of the drainage works. AND WHEREAS $19,400.00 is being assessed in the Township of Malahide in the County of Elgin. AND WHEREAS the 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 dated May 26, 2017, and attached hereto is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized, and shall be completed in accordance therewith.

2. (a) The Corporation of the Township of Malahide may borrow on

the credit of the Corporation the amount of $19,400.00 being the amount necessary for construction of the drainage works.

28

(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 rate not 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 the debentures 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 assessments of $200.00 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 as “J.F. O’Brien Drain - Branch ‘B’ 2017”.

READ A FIRST AND SECOND TIME THIS 6th day of July, 2017. _____________________________ _____________________________ Mayor Clerk READ A THIRD TIME AND FINALLY PASSED THIS 7th day of September, 2017. _____________________________ _______________________________ Mayor Clerk

29

NOTICE OF PROPOSED BY-LAW TO CLOSE AND SELL “UNOPENED ROAD ALLOWANCE”

TAKE NOTICE that the Council of the Corporation of the Township of Malahide intends

to pass a by-law to close and sell a piece of unopened road allowance. The description

of the lands is as follows: All of unnamed street between Lots 10 and 11, East of Water

Street, Registered Plan 55, Port Bruce, Geographic Township of Malahide, Township of

Malahide.

AND FURTHER TAKE NOTICE that the Council has scheduled a meeting to be held at

7:30pm on Thursday, July 6, 2017 to be held in the Council Chambers at the

Springfield and Area Community Service Building, 51221 Ron McNeil Line, Springfield

to hear any person, or by his/her counsel, solicitor or agent, who wishes to make

representation respecting the proposed by-law.

ANYONE MAY SUBMIT written comments to the Municipal CAO/Clerk either in support

of or in opposition to the intended sale of the Surplus Land and the deadline for

submitting such shall be Friday, June 30, 2017 at 12:00pm

ADDITIONAL INFORMATION relating to the proposed by-law is available for inspection

in the Township of Malahide Office, 87 John Street South, Aylmer, during normal office

hours, Monday to Friday excluding statutory holidays, from 8:30am to 4:30pm.

DATED at the Township of Malahide this 14th day of June 2017.

Michelle Casavecchia-Somers CAO/Clerk

Township of Malahide 87 John Street South Aylmer, ON N5H 2C3

Telephone: (519) 773-5344 ext 225 Fax: (519) 773-5334 Email: [email protected]

30

Report to Council

REPORT NO.: CCS-17-27

DATE: July 6, 2017

ATTACHMENT: Road Closing Procedures Policy

SUBJECT: Request to Purchase Unopened Road Allowance: John & Cathy Crane, 3278 Colin Street

______________________________________________________________________

Recommndation: THAT Report No. CCS-17-27 entitled “Request to Purchase Unopened Road Allowance: John & Cathy Crane, 3278 Colin Street” be received; AND THAT the Municipal Staff be directed to prepare the necessary by-law to stop up and close the unopened road allowance located adjacent to 3278 Colin Street in Port Bruce; AND THAT the Municipal Staff be directed to prepare the necessary by-law to authorize the divestment of the subject unopened road allowance to John Crane and Cathy Crane, of 3278 Colin Street; and to proceed with the necessary action to complete the divestment in accordance with the Township of Malahide’s Road Closing Procedures Policy. Background: The purpose of this report is to present the Council with an update regarding the request of John and Cathy Crane to purchase a section of Township unopened road allowance adjacent to 3278 Collin Street in Port Bruce (being Part 2 of Plan 11R-4519). This is a parcel of approximately 146 square meters, which connects the open portion of Colin Street to Catfish Creek. The Municipal Staff have followed, as directed, the process set out in Township’s Road Closing Procedures Policy. Comments/Analysis: The process for closing and divesting open or unopen road allowances was established by the Council in 2014 (see attached policy). This process was followed by the Staff in order to enable the subject road allowance to be stopped up and closed and then

32

divested to the adjacent property owner. The subject lands were surveyed and notice was given to the required agencies as set out in the procedure. Notice was also given to property owners within 120 meters of the property to be divested. The Township received no concerns or objections from the notified agencies. There were three letters of objections by property owners in the area with respect to the proposed divestment. Access to Catfish Creek for emergency access (ie. flooding) being the main reason for the objections. The Staff have reviewed this and wish to advise that, in a state of declared emergency, the Township has the right of entry into a property in order to address any threat. This property would not change in nature and would still be accessible if it were needed in the future. Based on this fact, the Staff do not believe that the stated objections would warrant reconsideration. The Staff would recommend that the road allowance be formally stopped up and closed and that the proposed sale of the subject lands be approved. This would require the passage of appropriate by-laws by the Council. Once this is completed, the documentation will be forwarded to the Township Solicitor to finalize the sale as set out in the Road Closing Procedures Policy and approved previously by the Council. Financial Implications to Budget: The full cost of the road closing process is at the expense of the Applicant and has no implications on the Township’s 2017 Operating Budgets. 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. One of the goals that support the “Our Local Government” strategic pillar is “Embody Financial Efficiency throughout Decision‐Making”. By supporting this and facilitating this proposal, the Council is achieving this goal.

Submitted by: Approved by:

Eugenio DiMeo

33

POLICY

ROAD CLOSING PROCEDURES

1. PURPOSE: 1.01 To provide a procedure for processing applications to stop up, close and sell

road allowances. 2. GENERAL PROVISIONS: 2.01 Applications will not be approved if other owners of land are or may be deprived

of the sole vehicular access to property or if the closure conflicts with Township by-laws or practices.

2.02 Applicants for all road closures shall pay all costs associated with the legal and

survey work required in connection with the closure and sale. The initial application fee includes:

The administration fee for review of the initial application and creation of the new file;

Circulations to various departments; Correspondence with applicant; Preparation of preliminary report to Council; Transfer of file to solicitor with instruction letter; Review of the new reference plan for the subject road allowance; Preparation of resolution and final report; and Presentation of by-law to Council.

2.03 The Township Solicitor will act on behalf of the Township in the closure and sale

of all Township roads. All legal fees associated with the sale are the responsibility of the applicant.

2.04 The purchase of the portion of the road allowance for rural road closings is

calculated at $10,000 per hectare. Urban road closings will have a value assigned by the Council and may require a property appraisal. Where a road allowance has the potential to be sold as a standalone building lot, a valuation shall be required.

2.05 The Township Solicitor will register the road closing by-law and transfer of land

documents on title. 2.06 All legal fees are determined by the Township Solicitor and payable to the

Township Solicitor at the time of invoicing. 2.07 A road closing application will be considered expired if it has been inactive for a

period of two years.

34

2.08 Applications are available on the Township website and upon request from the Community and Corporate Services Department.

2.09 The required by-law will not be given final approval until the realty taxes on the

applicant’s property are current. 3. POLICY: 3.01 All applications shall be submitted to the Community and Corporate Services

Department accompanied by:

(a) Application/Deposit Fee of $2,000.00; (b) Seasonal pictures of road allowance (if available); and (c) A sketch map of the property.

3.02 Application will be circulated to the Planning Division, Building Division, Physical Services Department, and Fire and Emergency Services Department for comments.

3.03 Once circulations are received by the Community and Corporate Services

Department, a report will be prepared for the Council’s consideration. Such report will include all comments from the various departments.

3.04 If the Council gives preliminary support, the Township will proceed as follows:

(a) Contact the applicant, in writing, requesting the name of their surveyor and establish costs relating to legal and purchase price of land;

(b) Provide notice of application to the following Government Offices & Agencies (agency contact information is appended to this policy):

i) County of Elgin, if applicable; ii) Hydro One/Erie Thames Powerlines; iii) Ontario Provincial Police (OPP); iv) Ministry of Transportation; v) Ministry of Health (Ambulance);

(c) i) If no objection is received within 20 days from the above-mentioned

agencies a Public Meeting shall be scheduled by the Clerk. ii) A public notice will be prepared by the Township and mailed to

owners within 120 metres of the subject property and posted on the Township website for two (2) consecutive weeks, prior to consideration of the resolution to declare the land surplus or the conveyance by-law by Council.

35

(d) Prior to the passing of the by-law, the Council is required to give anyone requesting a hearing on this matter the opportunity to speak.

(e) The Community and Corporate Services Department will forward the

executed by-law(s) to the Township Solicitor for preparation of the required documents for registration.

(f) The Township Solicitor will then: (i) Request fee payment from the applicant for compensation payable

to the Township, including H.S.T.; (ii) Prepare the Document General, Transfer/Deed of Land, and Land

Transfer Tax Affidavit; (iii) Obtain a Certificate of Compliance from the Municipality; (iv) Register the Transfer/Deed of Land, Document General with By-law

within six months of the execution date of the by-law; (v) Forward applicable fees and registered documents to the

Township; (vi) Forward appropriate documents to the applicant.

3.05 Any road closing for which a Certificate of Compliance has been issued by

the Clerk is deemed to comply with this policy. 4. ADMINISTRATION: 4.01 The Staff and the Township Solicitor who are responsible for processing

applications for closing the original road allowances shall follow this policy.

36

GOVERNMENT OFFICES & AGENCIES CIRCULATION LIST: Hydro One Networks Inc. (include copy of survey) Attn: Ms. Cathy Ballah Real Estate Services Land Use Planning P.O. Box 4300 Markham ON L3R 5Z5 Erie Thames Powerlines P.O. Box 157 Ingersoll ON N5C 3K5 Union Gas Limited Attention: Shirley Brundritt, Lands Dept. 50 Keil Drive N. Chatham, ON N7M 5M1 NRG – Planning Division 101 Spruce St. E. Box 307 Aylmer, ON N5H 2S1 Bell Canada 100 Dundas St. Talbot Square London, ON N6A 4L6 Eastlink Box 1800 Aylmer, ON N5H 3E7 County of Elgin Attention: Mark McDonald 450 Sunset Drive St. Thomas, ON N5R 5V1 Elgin County OPP Detachment 42696 John Wise Line St. Thomas, ON N5P 3S9 Ministry of Transportation 659 Exeter Road London, ON. N6E 1L3

Ministry of Health and Long-Term Care 5700 Yonge Street, 9th Floor North York ON M2M 4K5

37

APPLICATION

FOR CLOSING ORIGINAL MALAHIDE ROAD ALLOWANCE

AUTHORIZATION TO PURCHASE

The applicant, is the Owner of Part of Lot ,

Con. , in the Geographic Township of .

I, , owner of abutting lands described as

Part of Lot , Con. , in the Township of

do hereby consent to purchasing that portion of the

Original Road Allowance lying adjacent to his/her property.

Dated this day of , 20 .

Witness Neighbour

38

From: Peter Dutchak [mailto:[email protected]] Sent: Tuesday, June 20, 2017 3:44 PM To: Eugenio DiMeo <[email protected]> Subject: RE: Road Allowance Closing and Sale - Port Bruce

Hello Gene,

This email shall serve to formalize our telephone conversation this afternoon regarding the Township's

disposal of this road allowance property. As discussed, a road drain is located on this property that

outlets into the creek. We have no record indicating the age, material, size or exact location of the drain. Upon review, the catchment area on the road does not appear to serve a large area and the drain

outlet is under the creek water levels as of last month. The new property owners should be made aware of this drain and understand that the County has no intention to or accept any responsibility to

repair or replace this drain.

Regards,

Peter Dutchak, CET, CRS

Deputy Director of Engineering Services

County of Elgin

phone (519) 631-1460 ext. #4

fax (519) 631-4297 [email protected]

39

mailto:[email protected]



From: <[email protected]> Date: June 8, 2017 at 1:33:53 PM EDT To: <[email protected]> Cc: <[email protected]> Subject: Road Closing & Sale Between 3292 Colin Street & 3278 Colin Street

Good Afternoon, Thank you for circulating Hydro One Networks Inc. (Distribution) on the subject road closure and conveyance. We have conducted a site inspection and have no objection to the attached. Jessica Jessica Ziegler Real Estate Clerk, Real Estate Services Hydro One Networks Inc. 185 Clegg Road Markham, ON | L6G 1B7 Telephone: (905) 946-6272 Email: [email protected] www.HydroOne.com

This email and any attached files are privileged and may contain confidential information

intended only for the person or persons named above. Any other distribution, reproduction,

copying, disclosure, or other dissemination is strictly prohibited. If you have received this email

in error, please notify the sender immediately by reply email and delete the transmission received

by you. This statement applies to the initial email as well as any and all copies (replies and/or

forwards) of the initial email

40





http://www.hydroone.com/

From: campbell Sent: Tuesday, June 27, 2017 1:11 AM To: Michelle Casavecchia-Somers <[email protected]>; [email protected] Cc: Dave Mennill <[email protected]>; Eugenio DiMeo <[email protected]> Subject: Re: unopen road at water st sale?

Well i do oppose this practices ,if consol and staff approve this it is a slippery slope once again your heading down ,,,, in future this will be a president that it will come back on you,there are many un open road allowances here that you allow what ever to happen to ,that effects others here,which these back room deals will not be tolerated by me and others, and yes township is required to public tender i ve already inquired,you people have all ready cross the line on these kind a issues ,i remind consul a few years ago when this sort of thing came up ,i asked were dose this stuff like this begin and end???? and you are currently under fire because of this.what's next the other areas like old bridge and other river front un open road allowance that you allow to be illegally used for docks and parking be given away as well?? and this is to be publicly noted and if you do not like last week i will draw more attention to it, Brian Campbell Rush Creek Marina

43





Report to Council

REPORT NO.: F17-10

DATE: June 21, 2017

ATTACHMENT: None

SUBJECT: Emergency Services Activity Report - May

Recommendation: THAT Report No. F17-10 entitled “Emergency Services Activity Report – May” be received. Background: Department Response In May 2017, Malahide Fire Services responded to twenty-four (24) incidents as compared to thirty (30) incidents in 2016, twenty-three (23) incidents in 2015, and twenty-two (22) incidents in 2014. Medical incidents accounted for approximately seventy-one percent (71%) of all May incidents in 2017.

24

30

23 22 23

0

10

20

30

40

2017 2016 2015 2014 2013

May Yearly Incident Comparison

0 4

17

3

May Incidents by Type

Fire

MVC

Medical

Other

46

Station Response

Of the twenty-four (24) incidents in May 2017, Station #1 responded to six (6) incidents, Station #2 to four (4) incidents, Station #3 to six (6) incident, and Station #4 to eight (8) incidents.

Department protocols provide for response by additional Stations depending on the type of incident reported (e.g. MVC, structure fire, water rescue). Individual Station responses resulted in Station #1 responding to six (6) incidents, Station #2 responding to six (6) incidents, Station #3 to eight (8) incidents, and Station #4 responding to ten (10) incidents.

Fire Prevention

The April fire safety message of the month was “Clean and inspect your BBQ” Fire Prevention Staff participated in Tim Horton’s Camp Day in May with approximately 57 people visiting the smoke house.

Fire Safety Inspections In May 2017, the Staff conducted four (4) inspections. No inspection orders for non-compliance were issued. Ontario Police College

To date in 2017, the Staff has trained approximately 590 Police Cadets. The Township currently is providing this training at no cost to the College. The next training session at OPC is in September. To date in 2017, the Staff have filled fifty-five (55) bottles for the OPC.

6

4

6

8

May Incidents by Station

Station 1

Station 2

Station 3

Station 4

6

6

8

10

May Station Responses

Station 1

Station 2

Station 3

Station 4

47

Motor Vehicle Collision Revenues

Fire Services responded to no (0) motor vehicle collisions (MVC) on Talbot Line (Hwy. 3) and one (1) on Township or County Roads in April. To date in 2017, we have invoiced MTO $1837.80 for services provided and $19,986.03 to non-residents of Malahide Township.

Burn Permits

To date in 2017, the Staff have issued two hundred and sixty (260) burn permits.

55 222 231 358 232$385.00

$1,554.00

$2,099.00

$2,544.00 $1,624.0

0

0

1000

2000

3000

2017 2016 2015 2014 2013

OPC SCBA Cylinder Filling Year to Date compared with

previous year total

590

$2,096.00

$3,086.00

$4,203.00

$1,887.38 $2,707.00

$3,264.00

489 726 928226 637 768

$-

$2,000.00

$4,000.00

$6,000.00

2017 2016 2015 2014 2013 2012 2011

OPC Cadet Training Year to Date compared with previous

year total

$1,838

$6,750

$10,250

$11,275

$12,915

$0

$5,000

$10,000

$15,000

2017 2016 2015 2014 2013

MTO Accident Invoices Yearly Comparison

$19,986.03

$24,190.00

$28,187.50

$31,262.50

$-

$20,000.00

$40,000.00

20

17

20

16

20

15

20

14

Non-MTO Accident Invoices Year to Date compared with Previous

Year Total

260412 417 391 398

540704

916

0

500

1000

2017 2016 2015 2014 2013 2012 2011 2010

Burn Permits Issued Year to Date compared with previous year Total

48

General

Automatic Aid Agreement(s)

The Automatic Aid Agreement with Central Elgin was not activated in May 2017.

Mutual Aid Malahide Fire Services was not requested for Mutual Aid assistance in May. Malahide Fire Services did not request Mutual Aid in May. Emergency Management Program Emergency Response No activities to report. Public Education/Awareness Included as a part of Fire Prevention activities. Training TBD. Emergency Management Program Committee Next meeting – TBD in 2017. 2017 Program Compliance Activities EMPC Meeting – TBD ERP Review – TBD Annual Exercise – TBD Malahide Flood Plan Review – TBD Annual CCG Training – TBD Relationship to Cultivating Malahide:

The Cultivating Malahide Integrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Local Government. One of the goals that support the “Our Community” Strategic Pillar relates to “Keep Our Community Safe” by undertaking a long range strategy, in consultation with the appropriate emergency services authorities, to identify resources required to optimize the provision of emergency services.


H. Brent Smith

49

Report to Council

REPORT NO.: PS-17-37

DATE: June 28, 2017

ATTACHMENT: Recognized Agency Agreement

SUBJECT: OFF-ROAD VEHICLE USE AAGREEMENT: TALBOT TRAIL ATV CLUB

Recommendation: THAT Report No. PS-17-37 entitled “Off-Road Vehicle Use Agreement: Talbot Trail ATV Club” be received; AND THAT a two year agreement with the Talbot Trail ATV Club to permit the use of off-road vehicles on Township Roads be approved; SUBJECT TO the terms and conditions as outlined in the Recognized Agency Agreement and By-law No. 17-51; AND THAT By-law No. 17-51, being a by-law to govern the use of off-road vehicles on municipal roads, be amended to include the roads identified in this Report.

Background:

As the Council will recall, the Talbot Trail ATV Club (TTATVC) approached the Council on February 16, 2017, and requested that the Township give consideration to permitting ATV access to the Township’s road network. The Council has since enacted By-law No. 17-51 being a by-law to govern the use of off-road vehicles on municipal roads.

Comments/Analysis As the Council is aware, the Talbot Trail ATV Club were a part of the ATV Working Group that was established to assist the Township Staff with the development of an Off Road Vehicle Use By-law. As such, the group is fully aware of the restrictions, limitations, and conditions that are obligatory in permitting road access for ATVs in the Township. The TTATVC is seeking access to portions of Sawmill Road, Vienna Line, and Mapleton Line. The Staff have reviewed these roads sections and have no concerns at this time. As such, the Staff are recommending that the Council accept the application from the Talbot Trail ATV Club and enter into a Recognized Agency Agreement with the Club.

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Financial Implications to Budget N/A.

Relationship to Cultivating Malahide The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the “Our Local Government” Strategic Pillar is “Pursue New Partnerships”. Working with local ATV Clubs to enhance local trail networks while minimizing risk and liability to the municipality works to achieve this goal.

Approved by: Approved for Council:

Robert Johnson, CET, CMM III, DPA Director of Physical Services

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Report to Council


DATE: June 28, 2017

ATTACHMENT: Recommendation Letter

SUBJECT: TENDER RESULTS: ROGERS ROAD (CATFISH CREEK) EROSION

Recommendation: THAT Report No. PS-17-38 entitled “Tender Results: Rogers Road (Catfish Creek) erosion” be received; AND THAT the tender for the Rogers Road (Catfish Creek) Erosion Project be awarded to Bronte Construction Ltd., of Oakville, Ontario, in the tender amount of $163,228.00 plus HST. Background: As the Council is aware, Catfish Creek is eroding its bank at the Rogers Road. The erosion is undermining the stability of Rogers Road. A tender was prepared in 2016 to solicit prices for the installation of the steel sheet pilling. At that time, the price to complete the work was in excess of the budget amount and the Council decided to re-scope the project and re-issue a tender perhaps during more favorable market conditions.

Comments/Analysis: A revised tender was prepared by CLDL Consulting Limited to solicit prices for the installation of the steel sheet pilling on Rogers Road. The tender call was posted on a number of websites including the Township’s website, the MERX Canadian Public Tenders website, and also provided to those contractors not subscribed to MERX. There were approximately twenty six (26) contractors who obtained tender documents. The Township received four (4) bids. The low bid was from Bronte Construction Ltd., of Oakville, Ontario, in the amount of $163,228.00. CJDL Ltd. has checked the references (letter attached) provided and are satisfied that they can perform the duties tasked to them in the contract. The Staff are recommending that the low bid from Bronte Construction be accepted. Once the sheet piling is completed, the Township Staff will oversee the remainder of the project and solicit prices to complete the remainder of the work as required.

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Summary: A tender was prepared to solicit prices for the installation of the steel sheet pilling on Rogers Road to stop the erosion caused by Catfish Creek. The low bid was received from Bronte Construction Ltd., in the amount of $163,228.00. The Staff are recommending that the bid be accepted and the tender be awarded. Financial Implications to Budget: The 2017 Budget includes $295,000.00 to complete this project. The sheet piling represents a portion of this work. The tender results are in line with the amount estimated to complete this portion of the work.

Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the “Our Government” Strategic Pillar relates to Embody financial Efficiency throughout Decision Making. Continually monitoring program results and efficiency undertaking strategic competitive procurement supports this goal.

Submitted by: Approved by: Approved for Council

Bob Lopez, Engineering Technologist/ Drainage Superintendent

Robert Johnson, Director of Physical Services

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SUMMARY OF TENDERS

Catfish Creek West Bank Slope Stabilization

Subject to Council’s Consideration and Approval. (Prices do not include HST) Ontario Construction $ 309,910.00 Facca Incorporated $ 253,125.00 Mclean Taylor Construction $ 208,957.50 Bronte Construction $ 163,228.00 In attendance: Matt Sweetland & Bob Lopez

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Report to Council


DATE: June 26, 2017

ATTACHMENT: Petition and Sketch

SUBJECT: Petition for Drainage: Carolyn Davis Drain – Hayhoe Petition

Recommendation: THAT Report No. PS-17-39 entitled “Petition for Drainage: Carolyn Davis Drain – Hayhoe Petition” be received; AND THAT Matt Sweetland, P. Eng., of Cyril J. Demeyere Limited, be appointed to prepare an Engineer’s Report for the Hayhoe petition; it being noted that the Petitioner is requesting this petition to be incorporated into the Engineer’s Report currently being prepared to address the Hotchkiss Petition. Comments/Analysis: The Township of Malahide has received a request (petition attached) for drainage. The petition is to extend the existing Caroline Davis Drain as a condition of severance. Ron Hayhoe has petitioned for an extension to the existing Caroline Davis Drain, north of Calton Line, to accommodate a newly created lot. The estimated length of the project is 160 meters. A sketch is attached showing the location and extent of the proposed improvement. As the Council will recall, Andrew Gilvesy, P. Eng. of Cyril J. Demeyere Limited, was previously appointed to prepare an Engineer’s Report for the Hotchkiss petition which was also an extension to the existing Carolyn Davis Drain as a condition of severance. To that end, Ron Hayhoe, owner of the property at 53268 Calton Line, has signed and submitted a petition. Prior to signing the petition, Mr. Hayhoe met with the Engineer to discuss the proposed connection/branch. The sketch is attached as a part of the petition. Financial Implications to Budget: N/A.

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Summary: The Staff are recommending that Matt Sweetland, P.Eng., of Cyril J. Demeyere Limited, be appointed by the Council to prepare a report to address the Hayhoe Petition; it being noted that Mr. Hayhoe is looking to have an extension and connection on the new municipal drain currently behind considered. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the “Embody Financial Efficiency throughout Decision‐Making” Strategic Pillar is ensuring that the cost of maintaining municipal infrastructure is equitably borne by current and future ratepayers.

Submitted by: Approved by: Approved for Council:

Bob Lopez, Engineering Technologist/ Drainage Superintendent

Rob Johnson, Director of Physical Services

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Report to Council


DATE: June 28, 2017

ATTACHMENT: Letter from Property Owner

SUBJECT: Road Occupancy Permit Fee Revision

Recommendation: THAT Report No. PS-17-40 entitled “Road Occupancy Permit Fee Revision” be received; AND THAT the User Fee Bylaw No. 17-48 be amended to add a user fee of $0.00 for Road Occupancy Permits insofar as they pertain to the installation of underground sprinkler systems. Background: The Municipal Staff became aware of a proposed underground sprinkler system installation on the road allowance (boulevard) and advised the landowner that permission was required by the Municipality prior to the installation of any infrastructure on Township property. Comments/Analysis: The Township of Malahide has received a request (see attached) for an exemption to the Road Occupancy Permit Fee. The current fee structure, as identified in Bylaw No. 17-48: User Fees and Rates, requires an applicant to pay a fee of $165.00 (plus HST) for a Road Occupancy Permit. The landowner is requesting that the permit fee be waived for the installation of that portion of an underground sprinkler system that would be located on the road allowance. The Municipal Staff have reviewed this request and believe it is similar in nature to the permit required for a landowner to obtain permission to hard surface the Township’s portion of a private driveway. As the Council is aware, User Fee Bylaw No. 17-48 establishes a $0.00 fee for an Entrance Permit as it pertains to hard surface paving. At the time of the establishment of that process, it was felt that it was important to have landowners apply for the permit and be made aware of the restriction, obligations, and conditions of hard surfacing a driveway. The ‘no charge’ permit fee is a tool to promote

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compliance and educate landowners as to the restrictions of placing a hard surface on Township property. The Staff have no objection to the current request regarding the installation of an underground sprinkler system and feel that a ‘no charge’ fee would function in a similar manner as the aforementioned ‘no charge’ fee. The permit process for this type of activity is viewed as a low impact, low staff time undertaking. The Staff feels that it is important to have landowners apply for the permit and be made aware of the restriction, obligations, and conditions of placing the system on municipal property (boulevard). The landowner would be advised that the condition of the permit would be that the municipality would not be responsible for any costs for the installation or maintenance of the system, the municipality would not be responsible for any damages to the system even as a direct result of municipal activities or neglect, the municipality can at its prerogative direct the landowner to remove the system from municipal property, and any costs incurred by the municipality as a result of the system would be borne by the property owner. Summary: The Staff are recommending that the permit fee for a Road Occupancy Permit for an underground sprinkler system be set at $0.00. Financial Implications to Budget: N/A. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the “Embody Financial Efficiency throughout Decision‐Making” Strategic Pillar is ensuring that the cost of maintaining municipal infrastructure is equitably borne by current and future ratepayers.

Submitted by: Approved for Council:

Robert Johnson, CET, CMM III, DPA Director of Physical Services

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June 28/2017

Dear Malahide Council,

I would like to install a sprinkler system at 51182 Clinton Street, Springfield which will extend onto the

road allowance. In order to do so I am required to complete a Road Occupancy permit. I would like

relief from the permit fee, and recognize that any future repairs required as a result of damages to my

system would be at my own cost.

During the installation of the irrigation system there would be no grade change or damage to any of the

municipal property. The irrigation heads that are installed near the road would be recessed into the

ground to prevent any damage from vehicles parking on the lawn or snow plow trucks.

Thanks for your consideration

Jason Geerts

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Report to Council

REPORT NO.: CCS-17-26

DATE: July 6, 2017

ATTACHMENT: Severance Applications

SUBJECT: Severance Applications E41/17, E42/17 and E43/17

______________________________________________________________________

Recommendation: THAT Report No. CCS-17-26 entitled “Severance Applications E41/17, E42/17 and E43/17” be received; AND THAT this report be forwarded to the Land Division Committee for its review and consideration. Background: The purpose of this Report is to provide background information to the Council regarding Severance Applications E41/17, E42/17 and E43/17. Should the Council support the application, this Report will be forwarded to the Land Division Committee together with the imposed conditions and Municipal Appraisal Sheet for their review and consideration. Comments/Analysis: The Applicant, 1499039 Ontario Ltd (Nick Provoost), is proposing to create through consent three (3) Hamlet Residential Lots of a total area of 11592 M2, while retaining 9033.1 M2, for future development. This consent is proposed at Part Lot 20, Concession 12, Malahide, known municipally as 47634 Ron McNeil Line, in the Hamlet of Kingsmill Corners. The Official Plan designation of the proposed parcel is Hamlet and the Zoning will be amended to Hamlet Residential for the severed parcel and Hamlet Residential Holding for the retained portion. The Township will require the Applicant to enter into a Development Agreement with the Township prior to the removal of the Holding zone provision. This property will conform to the size requirements of the Zoning By-law. This area of the Township is serviced by private on-site water and waste water systems. A number of conditions will be placed on this consent as set out in a proposed resolution.

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The Municipal Staff have reviewed the application and find that they conform to the Township of Malahide’s Official Plan and Zoning By-law. The Staff recommends that the Council support the application. Financial Implications to Budget: The full cost of the consent process is at the expense of the applicant and has no implications on the Township’s 2017 Operating Budget. 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. One of the goals that support this project is the “Promote new development in a responsible manner that directs growth to appropriate areas with the Township”. By supporting this and facilitating this proposal the Council is achieving this goal.


Eugenio DiMeo

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Report to Council

REPORT NO.: FIN-17-19

DATE: June 22, 2017

ATTACHMENT: None

SUBJECT: Administrative Matters Pertaining to Assessment

Recommendation: THAT Report No. FIN 17-19 entitled “Administrative Matters Pertaining to Assessment” be received; AND THAT the Treasurer (or their designate) be delegated the authority to initiate and file notices of assessment appeal, for any property in the Township of Malahide, with the Assessment Review Board; AND THAT the Treasurer (or their designate) be delegated the authority to withdraw any appeal filed by the Township of Malahide, should it be determined that it is not in the Township's best interest to proceed; AND THAT the Treasurer (or their designate) be delegated the authority to attend any Mediation or Settlement Conferences on property tax or assessment matter as a party to all appeals whether filed by the Township of Malahide or another person, entity or agent; AND THAT the Treasurer (or their designate) be delegated the authority to attend before the Assessment Review Board on property tax or assessment matters as a party to all appeals whether filed by the Township of Malahide or another person, entity or agent; AND THAT the Treasurer (or their designate) be delegated the authority to execute settlement agreements, on behalf of the Township of Malahide, reached in the course of a taxation or property assessment appeal, mediation or settlement conference. Background: Sections 39 and 40 of the Assessment Act allows that any person, including a

municipality, may appeal to the Municipal Property Assessment Corporation (MPAC)

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or the Assessment Review Board (ARB), that a property assessment may be too

high, too low, wrongly classified, or omitted from the assessment roll. The delegation

of the authority for Staff to perform the tasks associated with these appeals, and the

related collection of property taxes, will allow them to be performed in an efficient

and expedient manner.

As of April 1, 2017, the ARB is implementing new Rules and Procedures. Now

included is a mandatory requirement to hold mediation and/or settlement conferences

before scheduling ARB hearings. To participate in mediation, the Township must

authorize its representative to make and accept settlement offers at the time.

The Township has an assessment base of over $1.4 billion. This base must be

managed to ensure that property tax is levied and collected in a fair and equitable

way. This base is challenged every year through property assessment and property

tax appeals.

Section 23.1 of the Municipal Act, requires that a by-law must be enacted in order

for the Council to delegate its' authorities to Staff, and section 286 of the Municipal

Act allows that the Council may permit the Treasurer to delegate his authority

related to the collection of taxes.

Comments/Analysis: The purpose of this Report is for the Council to delegate the municipality's authority for the collection of property taxes and the related assessment maintenance to the Treasurer, which then allows the Treasurer to delegate specific authorities to any other person, such as the Deputy Treasurer or the County Treasurer in the case of a multi-municipality interest. Reaching an agreement and settlement with the property owner and MPAC on any possible correction required and processing an adjustment to the property tax account will conclude the mediation or settlement conference and/or reconsideration and appeal. Should the Township, MPAC, and the property owner not be able to reach an agreement, then the appeal will ultimately be heard and decided by the ARB. Financial Implications to Budget:

There is no immediate budgetary impact with regard to this delegation of

authority, however, over time there should be a positive impact realized as new

processes are implemented that will reduce the Township's costs for outside

assistance as well as protection of the Township’s assessment base.

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.

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One of the goals that support the “Our Local Government” Strategic Pillar relates to “Embody[ing] Financial Efficiency through Decision Making”. Facilitating the assessment review and appeal process will assist the Township in managing its’ assessment base in a fair and equitable manner.


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Report to Council

REPORT NO.: CAO-17-11

DATE: June 21, 2017

ATTACHMENT: Final Draft Agreement

SUBJECT: WASTE DISPOSAL EXTENSION AGREEMENT

Recommendation: THAT Report No. CAO-17-11 entitled “Waste Disposal Extension Agreement” be

received;

AND THAT the proposed Waste Disposal Extension Agreement between the City of Toronto and County of Elgin and other Local Municipalities to permit the continuation of waste disposal services at the Green Lane Landfill until February, 2029 be approved. Background: The City of Toronto purchased the Green Lane Landfill (GLL) on April 2, 2007 to secure long-term waste disposal capacity. The GLL became the primary waste disposal facility for the City of Toronto on January 1, 2011. In 2009, the County of Elgin and other Local Municipalities (including Malahide) entered into an Agreement with the City of Toronto to permit the disposal of waste by those Local Municipalities. This Agreement was negotiated for a 10 year term (2009-2019) and expires on the last day of February in 2019. Comments/Analysis: With the current agreement approaching expiry, the County of Elgin recently negotiated an extension to the agreement with the City of Toronto for a further 10 year term (2019-2029). A copy of that extension agreement (attached to this Report) has been forwarded to all of the Local Municipalities for review and endorsement.

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The proposed extension agreement is essentially to same as the original agreement other than a few minor housekeeping revisions. Some of the key items in the agreement are:

- Provides for the much desired long term (10 year) solution for waste disposal - Costing remains the same - $57.00 per tonne in 2007 which is increased or

decreased annually by the CPI Adjustment – current 2017 cost as per agreement is $64.22 per tonne

- The Township can opt out of the agreement at any time in the future, provided proper notice is given

- The City of Toronto can terminate the agreement by providing two year’s notice to the Local Municipalities.

The Municipal Staff has reviewed the terms of the extension agreement and recommends that the Council authorize the execution of the agreement. Financial Implications to Budget: The annual increase in GLL tipping fees are included in each year’s Draft Budget when it is presented to the Council during its annual budget deliberations. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the “Our Land” Strategic Pillar relates to “Embody a Philosophy of ‘Reduce, Reuse & Recycle’”. One of the goals that support the “Our Local Government” Strategic Pillar relates to “Embody Financial Efficiency throughout Decision‐Making”. By continuing to implement a local, cost effective waste disposal solution, the Council is striving to achieve this goal.

Submitted by:

Michelle Casavecchia-Somers, Chief Administrative Officer/Clerk

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THIS WASTE DISPOSAL EXTENSION AGREEMENT made as of the day of

, 2017.

B E T W E E N:

THE CORPORATION OF THE COUNTY OF ELGIN hereinafter called “County of Elgin”,

OF THE FIRST PART

- and -

THE CITY OF TORONTO hereinafter called the “Owner”,

OF THE SECOND PART

- and -

THE TOWN OF AYLMER TOWNSHIP OF MALAHIDE MUNICIPALITY OF BAYHAM MUNICIPALITY OF CENTRAL ELGIN MUNICIPALITY OF DUTTON DUNWICH MUNICIPALITY OF WEST ELGIN

all identified as and hereinafter separately called the “Municipality”,

OF THE THIRD PART

WHEREAS the Owner entered into an agreement with the eligible municipalities on June 15, 2009 (the "2009 Agreement");

AND WHEREAS the 2009 Agreement expires on the last day of February, 2019;

AND WHEREAS this Extension Agreement is to extend the Agreement on terms provided in this Agreement;

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants contained herein, the parties hereto covenant and agree as follows:

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1. Section 2 of the 2009 Agreement is deleted and replaced with the following:

2. The Owner shall accept and shall record for each load of the County of Elgin Waste, delivered in suitable vehicles during the Green Lane Landfill Site's hours of operation, the source Municipality and weight for the period from the Commencement Date through the last day of February, 2029 at a rate of Fifty-Seven ($57.00) dollars per tonne or part thereof and either increased or decreased by the CPI Adjustment, rounded to the nearest cent, beginning on April 1, 2007 and on each anniversary date thereafter.

This agreement may end on two year's notice from the Owner if the City has determined that the total approved waste disposal volume will be consumed within a two-year period.

2. Section 5 is deleted and replaced with the following:

5. The Owner shall provide to a Municipality an invoice for payment of the disposal fee as set forth in Sections 2, 3 and 4. The Owner shall include with that invoice documentation of the weight of the Municipality's Waste disposed of during the preceding month and the manifest reference, date and delivery particulars. For greater certainty, such documentation shall consist of a Report identifying the weight of each load, source Municipality, waste category and weigh scale ticket number at the Green Lane Landfill Site. In the absence of verifiable error, the Owner's weight records will be used for payment purposes.

3. Section 6 is deleted.


7. Each Municipality shall pay the invoice for the disposal fee, excepting private IC&I Waste, and any other amounts payable to the Owner, by electronic funds transfer, cheque or banker’s draft within thirty (30) days of the invoice date.


8. Each Municipality shall pay a late fee equal to eighteen per cent (18%) per annum on all invoices for which payment was due but was not received by the Owner within thirty (30) days of the invoice date.


9. A failure of a Municipality to perform its payments obligation to the Owner under this Agreement shall entitle the Owner to refuse to accept that Municipality's Waste for disposal. Before refusing to accept a Municipality's Waste for the non-payment of invoices, the Owner shall provide written

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notice to the County of Elgin and the Municipality of the failure to pay and if the breach is not remedied within one hundred and ten (110) days from the date of disposal for which an invoice has been issued and remains unpaid, final notice shall be given and disposal services shall be suspended at the one hundred and twentieth (120th) day after the disposal date. In the event of such suspension of disposal services, the Owner shall not incur any liability to the County of Elgin or any Municipality.


13. Any notice or communication to be given by a party hereunder to an other shall be deemed to be well and sufficiently given and served if faxed or handed to the designated representative or officer or clerk of any party or, if mailed, by prepaid registered mail addressed to it at:

In the case of the Owner: Director, Processing and Resource Management Solid Waste Management Services City of Toronto 35 Vanley Crescent Toronto, ON M3J 2B7 E-mail Address: [email protected] In the case of the County of Elgin: County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Fax Number: (519) 633-7661 Attention: Mark McDonald, CAO In the case of the Town of Aylmer: Town of Aylmer 46 Talbot Street West Aylmer, ON N5H 1J7 Fax Number: (519) 765-1446 Attention: Jenny Reynaert, CAO/Administrator/Deputy Clerk In the case of the Township of Malahide: Township of Malahide 87 John Street South Aylmer, ON N5H 2C3 Fax Number: (519) 773-5334 Attention: Michelle Casavecchia-Somers, CAO/Administrator/Clerk

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In the case of the Municipality of Bayham: Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON N0J 1Y0 Fax Number: (519) 866-3884 Attention: Paul Shipway, CAO/Administrator/Clerk In the case of the Municipality of Central Elgin: Municipality of Central Elgin 450 Sunset Drive Elgin County Administration Building St. Thomas, ON N5R 5V1 Fax Number: (519) 631-4036 Attention: Donald Leitch, CAO/Administrator/Clerk In the case of the Municipality of Dutton Dunwich: Municipality of Dutton Dunwich 199 Currie Road Dutton, ON N0L 1J0 Fax Number: (519) 762-2278 Attention: Laurie Spence-Bannerman, CAO/Administrator/Clerk In the case of the Municipality of West Elgin: Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, ON N0L 2C0 Fax Number: (519) 785-0644 Attention: Scott Gawley, CAO/Administrator/Clerk

or to such other address as may hereafter be specified. Where notice is given by registered mail, it shall be deemed to have been received on the fourth (4th) business day after it is mailed unless postal employees at the point of mailing or at the point of delivery are on strike at any time during the four business days following the time of mailing in which event it shall be effective when delivered to the addressee. If delivered by fax or by hand, it shall be deemed to have been received on the same day if delivered before 5 p.m. and on the next business day if delivered after 5 p.m. In the event of a Notice to a Municipality, a copy of the said Notice shall be provided to the County of Elgin.


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17. A Municipality may but is not obligated to deposit or cause to be deposited Waste generated in the Municipality at the Green Lane Landfill Site pursuant to the terms of this Agreement.

7. Section 18 is amended by deleting the first paragraph and replacing it with the following:

18. The Owner and the Municipality acknowledge that the County of Elgin's interest in this Agreement is to act as the facilitator only, and the Owner and any Municipality shall have no recourse in law or equity against the County of Elgin for the breach or default or non-performance or failure to adequately perform any service, function, power or responsibility not specifically allocated to the County of Elgin by the terms of this Agreement.

8. Section 19 is amended by deleting the second paragraph and replacing it with the following:

The Municipality shall make its best efforts to provide the Owner with at least ninety (90) days' notice of the conclusion or termination of the first and any subsequent Municipality's disposal agreement and shall include in such notice the Commencement Date of the delivery of waste by a Municipality to the Green Lane Landfill Site that will allow the Owner to provide uninterrupted disposal service for a Municipality's Waste.

9. This Extension Agreement takes effect immediately.

IN WITNESS WHEREOF the Corporate Seals of the parties hereto have been hereunto affixed and attested to by the hands of their respective proper signing officers.

SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE ) COUNTY OF ELGIN

in the presence of: ) ) Per:

Execution and Delivery by The ) Warden Corporation of the County of Elgin )

is authorized by By-law #-____ ) ) Per:

) Clerk )

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) THE CORPORATION OF THE ) TOWN OF AYLMER ) ) Per:

Execution and Delivery by The ) Mayor Corporation of the Town Of Aylmer )

is authorized by By-law #-____ ) ) Per:

) Clerk )

) THE CORPORATION OF THE ) TOWNSHIP OF MALAHIDE ) ) Per:

Execution and Delivery by The ) Mayor Corporation of the Township Of )

Malahide is authorized by ) By-law #-____ ) Per:

) Clerk )

) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) Per:

Execution and Delivery by The ) Mayor Corporation of the Municipality Of )

Bayham is authorized by ) By-law #-____ ) Per:

) Clerk )

) THE CORPORATION OF THE ) MUNICIPALITY OF ) CENTRAL ELGIN ) ) Per:


Central Elgin is authorized by ) By-law #-____ ) Per:

) Clerk )

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) THE CORPORATION OF THE ) MUNICIPALITY OF ) DUTTON DUNWICH ) ) Per:

Execution and Delivery by The ) Mayor Corporation of the Municipality Of ) Dutton Dunwich is authorized by )

By-law #-____ ) Per:

) Clerk )

) THE CORPORATION OF THE ) MUNICIPALITY OF WEST ELGIN ) ) Per:


West Elgin is authorized by ) By-law #-____ ) Per:

) Clerk ) ) ) CITY OF TORONTO ) ) Per:

) ) ) ) Per:

) ) ) )

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Report to Council

REPORT NO.: HS-17-01

DATE: June 26, 2017

ATTACHMENT: Health & Safety Policy

SUBJECT: HEALTH & SAFETY POLICY

Recommendation: THAT Report No. HS-17-01 entitled “HEALTH & SAFETY POLICY” be received;

AND THAT the Mayor and Chief Administrative Officer/Clerk be authorized to sign the Health & Safety Policy on behalf of the Corporation. Background: On July 21, 2016, the Council adopted its Health & Safety Policy. The Occupational Health and Safety Act indicates that the Employer must annually review this policy, update it, post it, and maintain a program to ensure all employees are trained and provided refresher training to all workers as required. Comments/Analysis: All new Staff Members, including Volunteer Firefighters, have received Health & Safety Orientation Training and have been provided with a copy of our Health and Safety Handbook. The Staff are provided with ongoing health and safety training through the distribution of various newsletters, brochures, etc. In May Staff participated in a Health, Safety and Wellness Day, where current health and safety topics were discussed including mental health awareness, noxious weeds and ticks, fire extinguisher use and ergonomics in the workplace. In addition, the Road Department Staff participate in “Tailgate Talks” regarding health and safety before leaving the works yard on a regular basis. All of the tasks of the Staff have been reviewed and hazard assessments updated to ensure the safety of Staff during working hours whether during daytime or nighttime hours.

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The Township Safety Program ensures that all workers and supervisors are “competent” as defined in the Occupational Health and Safety Act. Financial Implications to Budget: N/A.


Gwen Tracey Human Resources Coordinator

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July 6, 2017

Health & Safety Policy

Malahide Township Council is vitally committed to the health and safety of its employees. It is the objective of the Corporation of the Township of Malahide in conjunction with Council to protect Township employees from workplace injury or illness and to make every effort to ensure a healthy environment and provide for work to be carried out in a manner that protects the safety of the employees and the public. All supervisors, workers and volunteer firefighters must be dedicated to the objective of reducing the risk of injury and illness.

The health and safety Program, which this Policy is a part of, ensures that health and safety is integrated into all functional operations of the Corporation of the Township of Malahide.

The Township of Malahide is ultimately responsible for worker health and safety. Council for the Township of Malahide is committed to taking every reasonable precaution to protect workers from harm. Legislative requirements of the Occupational Health and Safety Act will serve as the minimal acceptable standard.

Supervisors are accountable for health and safety of workers under their supervision. Supervisors are responsible to ensure that machinery and equipment are safe and that workers follow established safe work practices and procedures. Workers must receive adequate training in their specific work tasks to protect their health and safety.

Every employee, volunteer firefighter, sub-contractor and employee of a sub-contractor must protect his/her own health and safety by following the law and the Township of Malahide’s safe work practices and procedures. All hazards must be immediately reported to a supervisor.

All parties are expected to consider health and safety in every activity. Commitment to health and safety must form an essential part of the Township’s organization from Council to the workers.

___________________________________ Mayor - D. Mennill ___________________________________ CAO/Clerk – M. Casavecchia-Somers

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MINUTES

AYLMER AREA SECONDARY WATER SUPPLY SYSTEM

AND

PORT BURWELL AREA SECONDARY WATER SUPPLY

SYSTEM

JOINT BOARD OF MANAGEMENT March 08, 2017 - 2:00 PM

South Dorchester Community Hall

49431 Lyons Line, Lyons In Attendance Board Members:

Municipality of Central Elgin — Dennis Crevits Town of Aylmer— Pete Barbour Municipality of Bayham — Randy Breyer

Staff:

Town of Aylmer— Director of Operations Rod Tapp

Township of Malahide — Water Operations Manager Mike Taylor, PS Clerk Talya Jones

Municipality of Bayham — Manager of Public Works Ed Robson

1) Appointment of Chair — Pete Barbour

2) Disclosure of Pecuniary Interest – None

3) Adoption of Prior Minutes

Moved by: Dennis Crevits

Seconded by: Pete Barbour

THAT the minutes of the Aylmer Area Secondary Water Supply System Joint Board of Management meeting held on December 14, 2016, be approved as circulated.

Moved by: Randy Breyer

Seconded by: Dennis Crevits

THAT the minutes of the Port Burwell Area Secondary Water Supply System Joint Board of Management meeting held on December 14, 2016, be approved as circulated.

4) OCWA/IESO Presentation of Rebate: Aylmer Pump Replacement Project

Presentation by OCWA

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5) 2016 Flow Consumption & Water Loss



THAT Report No. AASWSS-17-01 entitled "Aylmer Area Secondary Water Supply System (AASWSS): 2016 Flow Consumption and Water Loss Report" be received.



THAT Report No. PBASWSS-17-01 entitled "Port Burwell Area Secondary Water Supply System (PBASWSS): 2016 Flow Consumption and Water Loss Report" be received.

6) 3rd & 4th Quarter Sample Report



THAT Report No. AASWSS-17-02 entitled "Aylmer Area Secondary Water Supply System (AASWSS): 2016 Third and Fourth Quarter OCWA Operations Report" be received.



THAT Report No. PBASWSS-17-02 entitled "Port Burwell Area Secondary Water Supply System (PBASWSS): 2016 Third and Fourth Quarter OCWA Operations Report" be received.

7) Element 20 Management Review



THAT Report No. AASWSS-17-03 entitled "Aylmer Area Secondary Water Supply System (AASWSS): Operational Plan: Element 20, 2016 Management Review" be received.



THAT Report No. PBASWSS-17-03 entitled 'Port Burwell Area Secondary Water Supply System (PBASWSS): Element 20, 2016 Management Review" be received.

8) Infrastructure Report



THAT Report No. AASWSS-17-04 entitled "Aylmer Area Secondary Water Supply System (AASWSS): 2017 Review and Provision of Infrastructure Report" be received.



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THAT Report No. PBASWSS-17-04 entitled "Port Burwell Area Secondary Water Supply System (PBASWSS): 2017 Review and Provision of Infrastructure Report" be received.

9) EMPS Report



THAT Report No. AASWSS-17-05 entitles "Aylmer Area Secondary Water Supply System (AASWSS): Elgin Middlesex Pumping Station (EMPS) - 2017 Review and Provision of Infrastructure Report" be received.

10) VOOI & Lakeview Data Delivery Service Report



THAT Report No. PBASWSS-17-05 entitled “Port Burwell Area Secondary Water Supply System (PBASWSS): Chambers VOOI (Vienna) & Lakeview Data Delivery Service Report" be received.

AND THAT the Municipal Staff be authorized to enter into a two-year rental agreement with Flowmetrix Technical Services Inc. at a cost of $10,800.00 (excluding HST).

11) Norton Street Chamber Meter Replacement Report



THAT Report No. AASWSS-17-06 entitled "Aylmer Area Secondary Water Supply System (AASWSS): Norton Street Chamber Meter Replacement Report" be received;

AND THAT the AASWSS Joint Board of Management accepts the quotation provided by

Flowmetrix Technical Services to supply, install, and commission a new flow meter at the Norton Street metering chamber location at a cost of $10,328.48 (excluding applicable taxes).

12) PLC Cabinet Replacement Report


Seconded by: Randy Breyer

THAT Report No. PBASWSS-17-06 entitled 'Port Burwell Area Secondary Water Supply System (PBASWSS): PLC Cabinet Replacement Report" be received;

AND THAT the Municipal Staff be authorized to retain the services of Koolen Electric at a cost of $4,980.00 (excluding HST).

13) Correspondence

14) New Business

2017 Next Meeting Dates — June 07, September 06, December 13

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15) Adjournment



THAT the Aylmer Area Secondary Water Supply System Joint Board of Management adjourn at 3:05 p.m. to meet again on June 07, 2017 at 2:00 p.m.



THAT the Port Burwell Secondary Water Supply System Joint Board of Management adjourn at 3:05 p.m. to meet again on June 07, 2017 at 2:00 p.m.

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THE CORPORATION OF THE TOWNSHIP OF MALAHIDE

BY-LAW NO. 17-59

Being a By-law to delegate administrative matters to the Township Staff insofar as they pertain to assessments.

WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as

amended (the "Municipal Act, 2001"), provides that a municipality has the

capacity, rights, powers and privileges of a natural person for the purpose of

exercising its authority under the Municipal Act, 2001 or any other Act;

AND WHEREAS Section 227 of the Municipal Act, 200I, provides that it is

the role of the officers and employees of the municipality to: implement Council's

decisions; establish administrative practices and procedures to carry out Council's decisions; carry out other duties required under the Municipal Act, 2001

or any other Act, and other duties assigned by the municipality;

AND WHEREAS Section 39.l(g) of the Assessment Act, R.S.O. 1990,

c.A31, as amended (the "Assessment Act'), provides that where a municipality

wishes to object to a settlement arrived at pursuant to Section 39.1(5) of the Assessment Act, it shall do so within 90 days after receiving notice under said

Section 39.1(5);

AND WHEREAS it is expedient that the Council of The Corporation of the

Township of Malahide delegate to the Treasurer or his/her designate, the authority to

file complaints to the Assessment Review Board relating to requests for

reconsideration of assessment on behalf of The Corporation of the Township of

Malahide, where it is appropriate to do so, in order to safe guard the Township's

appeal/complaint rights pursuant to Section 39.1 and Section 40 of the Assessment

Act;

AND WHEREAS it is expedient that the Council of The Corporation of the

Township of Malahide delegate to the Treasurer or his/her designate, the authority to settle all outstanding assessment appeals and requests for reconsideration of assessment, and to execute minutes of settlement in respect of same, where, in the opinion of the Treasurer or his/her designate, it is appropriate to do so;

NOW THEREFORE the Council of The Corporation of the Township of

Malahide HEREBY ENACTS AS FOLLOWS:

1. THAT the Council of The Corporation of the Township of Malahide does hereby authorize and delegate to the Treasurer, or his/her designate, the authority to file complaints to the Assessment Review Board relating to

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requests for reconsideration of assessment on behalf of The Corporation of the Township of Malahide pursuant to Section 39.1(8) and 40 of the Assessment Act.

2. THAT the Council of The Corporation of the Township of Malahide does hereby

authorize and delegate to the Treasurer, or his/her designate, the authority to settle all outstanding assessment appeals and requests for reconsideration of assessment, and is further authorized to execute minutes of settlement in respect of same, where, in the opinion of the Treasurer, or his/her designate, it is appropriate to do so.

READ a FIRST and SECOND time this 6th day of July, 2017. READ a THIRD time and FINALLY PASSED this 6th day of July, 2017. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers

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BY-LAW NO. 17-60

Being a By-law to authorize the execution of a Waste Disposal Extension Agreement with the City of Toronto, the County of Elgin, and other Local Municipalities for the provision of waste disposal services at the Green Lane Landfill Site. WHEREAS, Section 5(3) of the Municipal Act, 2001, c. 25, as amended,

authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREAS the Council of The Corporation of the Township of

Malahide adopted By-law No. 09-29 to authorize the execution of a Waste Disposal Agreement with the City of Toronto, the County of Elgin and other Local Municipalities for the provision of waste disposal services at the Green Lane Landfill Site for a 10 year term expiring on the last day of February, 2019;

AND WHEREAS the Council of The Corporation of the Township of

Malahide deems it desirable to extend such a Waste Disposal Agreement with the City of Toronto, the County of Elgin, and other Local Municipalities for the provision of waste disposal services at the Green Lane Landfill Site for a further 10 year term;

AND WHEREAS the parties have agreed upon the terms and conditions of

an Extension Agreement under which the City of Toronto shall continue to provide waste disposal services to the County of Elgin and other Local Municipalities at the Green Lane Landfill Site;


Malahide HEREBY ENACTS AS FOLLOWS: 1. THAT the entering into of a Waste Disposal Extension Agreement with the City of

Toronto, the County of Elgin, and other Local Municipalities for the provision of waste disposal services at the Green Lane Landfill Site 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 Waste Disposal Extension Agreement in substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law.

3. THAT any other by-laws or provisions in other by-laws found to be inconsistent

with this By-law are hereby deemed to be repealed. 4. THAT this By-law shall come into force and take effect on the final passing

thereof.

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READ a FIRST and SECOND time this 6th day of July, 2017. READ a THIRD time and FINALLY PASSED this 6th day of July, 2017. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers

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BY-LAW NO. 17-61

Being a By-law to stop up and close the municipal road allowance being all of the unnamed street between Lots 10 and 11, east of Water Street, Registered Plan 55, in the Hamlet of Port Bruce, Geographic Township of Malahide and being part 2 of Plan 11R-4519.

WHEREAS pursuant to Section 11 of the Municipal Act, 2001, S.O. c. 25, the Township has the authority to pass by-laws respecting highways;

AND WHEREAS Section 34 of the Municipal Act, 2001, permits the Council of every Municipality to pass by-laws for stopping up and closing highways including all road allowances it has jurisdiction over;

AND WHEREAS Notice has been provided of the proposed stop up and

close pursuant to By-law No. 11-35 of The Corporation of the Township of Malahide; AND WHEREAS the Council of The Corporation of the Township of

Malahide deems it expedient to stop up and close a portion of the municipal road allowance being all of the unnamed street between Lots 10 and 11, east of Water Street, Registered Plan 55, in the Hamlet of Port Bruce, Geographic Township of Malahide and being part 2 of Plan 11R-4519;


Malahide HEREBY ENACTS AS FOLLOWS: 1. THAT portion of the unopened road allowance being all of the unnamed street between Lots 10 and 11, east of Water Street, Registered Plan 55, in the Hamlet of Port Bruce, Geographic Township of Malahide and being part 2 of Plan 11R-4519, be and the same is hereby stopped up and closed. 2. THAT the said portion of the unopened municipal road allowance (highway) as closed shall be closed for vehicular traffic and pedestrian traffic. 3. THAT the Mayor and the Clerk are hereby authorized and directed to execute all documents in connection with the closing and stopping up of the said unopened municipal road allowance. 4. THAT any other by-laws or provisions in other by-laws found to be inconsistent with this By-law are hereby deemed to be repealed.

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5. THAT this By-law shall come into force and take effect on the final passing thereof. READ a FIRST and SECOND time this 6th day of July, 2017. READ a THIRD time and FINALLY PASSED this 6th day of July, 2017. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers

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BY-LAW NO. 17- 62

Being a By-law to authorize the sale of surplus land to John Crane and Catherine Crane. WHEREAS, Section 5(3) of the Municipal Act, 2001, c. 25, as amended,

authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREAS the Council of The Corporation of the Township of

Malahide is desirous of selling certain land owned by the Corporation which has been declared surplus to the needs of the Corporation by way of Resolution No. 17-____, dated July 6, 2017;

AND WHEREAS the Council of The Corporation of the Township of

Malahide has been approached by John Crane and Catherine Crane offering to purchase such surplus lands and the Corporation is desirous of divesting itself of these lands under certain terms and conditions;


Malahide HEREBY ENACTS AS FOLLOWS: 1. THAT the sale of the following lands owned by The Corporation of the Township

of Malahide to John Crane and Catherine Crane is hereby approved and authorized:

All of the unnamed street between Lots 10 and 11, east of Water Street, Registered Plan 55, in the Hamlet of Port Bruce, Geographic Township of Malahide, and being Part 2 of Plan 11R-4519.

2. THAT the terms and conditions of purchase for this transaction shall be as

detailed in Schedule “A” which is attached hereto and forming a part of this By-law.

3. THAT the Mayor and Clerk be and they are hereby authorized, on behalf of the Corporation, to execute all deeds, undertakings, agreements, and other documents as may be required to complete the sale of the said lands, and affix the corporate seal as and when required.

4. THAT this By-law shall come into force and take effect on the final passing

thereof. READ a FIRST and SECOND time this 6th day of July, 2017. READ a THIRD time and FINALLY PASSED this 6th day of July, 2017.

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__________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers

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Schedule “A” To

By-law No. 17-62 Terms of Sale of Part 2, Plan 11R-4519 to John Crane and Catherine Crane:

Purchase Price - $5,000.00

HST in addition

Purchaser to reimburse the Township of Malahide for all legal fees, survey fees, advertising, and administrative costs incurred by the Township in completion of the transaction.

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BY-LAW NO. 17-63

Being a By-law to amend Schedule “A” to By-law No. 17-51 insofar as it prescribes designated highways on which off- road vehicles are permitted to operate.

WHEREAS the 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 WHEREAS the Council of The Corporation of the Township of Malahide

enacted By-law No. 17-51 to permit the operation of off-road vehicles on specified highways under the jurisdiction of the Township of Malahide;

AND WHEREAS the Talbot Trail ATV Club has requested 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;


deems it expedient to amend Schedule “A” to By-law No. 17-51 insofar as it prescribes designated highways on which off-road vehicles are permitted to operate;


Malahide HEREBY ENACTS AS FOLLOWS: 1. THAT Schedule “A” to By-law No. 17-51, insofar as it prescribes designated

highways on which off-road vehicles are permitted to operate, be and it is hereby replaced in its entirety with Schedule “A” attached hereto.

2. THAT any other by-laws or provisions in other by-laws found to be inconsistent with this By-law are hereby deemed to be repealed.

3. THAT this By-law shall come into force and take effect on the final passing

thereof. READ a FIRST and SECOND time this 6th day of July, 2017. READ a THIRD time and FINALLY PASSED this 6th day of July, 2017. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers

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SCHEDULE “A” TO

BY-LAW NO. 17-63

Designated Highways

HIGHWAY FROM TO

Sawmill Road

Vienna Line

John Wise Line

John Wise Line

820 meters west of Sawmill Road

150 meters west of Anger Road

Mapleton Line

2,170 meters west of Springwater Road

1,560 meters west of Springwater Road

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BY-LAW NO. 17-64

Being a By-law to authorize the execution of an Agreement 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.

WHEREAS the 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 WHEREAS the 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 that is under the jurisdiction of the municipality, or on any part or parts of such highway and during specified months or hours;


enacted By-law No. 17-51 to permit the operation of off-road vehicles on specified highways under the jurisdiction of the Township of Malahide;

AND WHEREAS The Talbot Trail ATV Club Inc. has requested 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;


deems it desirable to permit the operation of off-road vehicles by members of The Talbot Trail ATV Club on specified highways under the jurisdiction of the Township of Malahide;

NOW THEREFORE the Council of The Corporation of the Township of Malahide

HEREBY ENACTS AS FOLLOWS: 1. THAT the entering into of an Agreement 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 parties thereto;

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4. THAT this By-law shall come into force and take effect on the final passing thereof. READ a FIRST and SECOND time this 6th day of July, 2017. READ a THIRD time and FINALLY PASSED this 6th day of July, 2017. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers

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THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 17-56

Being a By-law to adopt, confirm and ratify matters dealt with by resolution of the Township of Malahide.

WHEREAS Section 5(3) of the Municipal Act, 2001, c. 25, as amended, provides

that the powers of every council are to be exercised by by-law; AND WHEREAS in many cases, action which is taken or authorized to be taken

by the Township of Malahide does not lend itself to the passage of an individual by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of

the Township of Malahide at this meeting be confirmed and adopted by by-law; NOW THEREFORE the Council of The Corporation of the Township of Malahide

HEREBY ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Township of Malahide, at its regular

meeting held on July 6, 2017, in respect of each motion, resolution and other action taken by the Council of the Township of Malahide at such meeting is, except where the prior approval of the Ontario Municipal Board or other authority is required by law, is hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-law.

2. THAT the Mayor and the appropriate officials of the Township of Malahide are

hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Township of Malahide referred to in the proceeding section.

3. THAT the Mayor and 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. READ a FIRST and SECOND time this 6th day of July, 2017. READ a THIRD time and FINALLY PASSED this 6th day of July, 2017. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers

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