The Corporation of the Township of Malahide A G E N D A. May 5, :30 p.m.

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1 The Corporation of the Township of Malahide A G E N D A May 5, :30 p.m. Springfield & Area Community Services Building Ron McNeil Line, Springfield. (A) Disclosure of Pecuniary Interest (B) Approval of Previous Minutes RES 1 and 2 (Pages 7-20) (C) (D) Presentations/Delegations/Petitions Reports of Departments: (i) (ii) (iii) (iv) (iv) Director of Fire & Emergency Services Director of Physical Services - Petition for Drainage: Eden Drain Branch D. RES 3 (Pages21-25) - Contract Award: 2016 Supply and Apply Surface Treatment. RES 4 (Pages 26-33) - Quote Results: 2016 Stump Grinding. RES 5 (Pages 34-35) Director of Community & Corporate Services Director of Financial Services Financial Report. RES 6 (Pages 36-40) - s.357 Applications. RES 7 (Pages41-42 ) CAO/Clerk (E) Reports of Committees/Outside Boards.

2 (F) Correspondence RES 8 1. Association of Municipalities of Ontario - Watch File dated April 21 and 28, (Pages C3-6) 2. Municipality of South Dundas Resolution requesting the Ontario Government to reconsider the suspension of the Rural Economic Development (RED) Program. (Pages C7-10) 3. Ministry of Municipal Affairs and Housing Correspondence advising the Infrastructure for Jobs and Prosperity Act, 2015 will be proclaimed on May 1, (Pages C11-14) 4. Association of Municipalities of Ontario Policy Up-date Federal Infrastructure Minister provides funding details regarding funding programs announced in the 2016 Federal Budget. (Pages C15) 5. Town of Prescott and Municipality of Trent Lakes Support for correspondence of Laurie Scott, MPP Haliburton-Kawartha Lakes- Brock Resolution requesting the Province to take immediate steps to combat human trafficking in Ontario and raise public awareness. (Malahide Township supported this Resolution on April 21, 2016). (Pages C16-20) 6. Municipality of Central Elgin and the County of Elgin Support for the Township of Malahide Resolution requesting East Elgin Secondary School to reinstate funding for transportation to Co-operative Education Programs. (Pages C21-22) 7. Ministry of Agriculture, Food and Rural Affairs - Approval of Robert Lopez as Malahide Township s Drainage Superintendent. (Pages C23-24) 8. City of St. Thomas Invitation to participate in Mayor Jackson s 2016 Annual Charity Golf Tournament. (Page C25) 9. KinCanada Invitation to participate in The Aylmer Kinsmen 1000 km Journey to raise money for the St. Thomas Elgin General Hospital Foundation to help purchase a new CT Scanner for diagnostic imaging. (Page C26) 10. Town of Aylmer Resolution regarding request from Malahide for costing of Aylmer Police Services. (Page C27-29) 11. Long Point Region Conservation Authority Financial Statements and Year End Report. (Pages C30-66)

3 12. Elgin County Land Division Committee - Confirmation appeal period expired for Land Severance Application E15/16, Carrel Farms Inc., relating to property at Part Lot 80, Concession South Talbot Road. (Page C67) 13. Municipality of Central Elgin Notice of Public Meeting for Zoning Bylaw Amendments: Yarmouth Centre Road. (Page C68) Talbot Line. (Page C69) (G) (H) Other Business By-laws (I) Closed Session RES 9 and 10 i) A Proposed or Pending Acquisition or Disposition of Land matter relating to property on Ron McNeil Line. ii) A Proposed or Pending Acquisition or Disposition of Land matter relating to property on Springfield Road. iii) A Proposed or Pending Acquisition or Disposition of Land matter relating to property on Hacienda Road. (J) Confirmatory By-law RES 11 (Page 43) (K) Adjournment RES 12

4 4 PLEASE NOTE that the draft resolutions provided below DO NOT represent decisions already made by the Council. They are simply intended for the convenience of the Council to expedite the transaction of Council business. Members of Council will choose whether or not to move the proposed draft motions and the Council may also choose to amend or defeat them during the course of the Council meeting. 1. THAT the minutes of the regular meeting of the Council held on April 21, 2016 be adopted as printed and circulated. 2. THAT the minutes of the special meeting of the Council held on April 25, 2016, be adopted as printed and circulated. 3. THAT Report No. PS entitled Petition for Drainage: Eden Drain Branch D be received; AND THAT John R. Spriet, P. Eng. of Spriet and Associates, be appointed to prepare an Engineer s Report for this Petition. 4. THT Report No. PS entitled Contract Award: 2016 Supply and Apply Surface Treatment be received; AND THAT the 2016 Supply and Apply Surface Treatment work be awarded to Duncor Enterprises Inc.; AND THAT the Mayor and Clerk be authorized to enter into an agreement with Duncor Enterprises Inc. of Barrie, Ontario, for the purpose of completing the 2016 Surface Treatment Program. 5. THAT Report No. PS entitled Quote Results: 2016 Stump Grinding be received. AND THAT the 2016 Stump Grinding contract be awarded to Just Stumps in the amount of $48.67 per stump plus HST. 6. THAT Report No. FIN entitled 2016 Financial Report be received. 7. THAT Report No. FIN entitled s.357 Applications be received; AND THAT, pursuant to Section 357 of The Municipal Act, the following assessments be adjusted: Residential Assessment decrease by $ 160,201

5 Farmland Assessment decrease by $2, Commercial Assessment decrease by $96, Residential Assessment increase by $85, Commercial Assessment decrease by $96, Farmland Assessment decrease by $2, Residential Assessment increase by $2, Commercial Assessment-reduce by $9, THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File dated April 21 and 28, Municipality of South Dundas Resolution requesting the Ontario Government to reconsider the suspension of the Rural Economic Development (RED) Program. 3. Ministry of Municipal Affairs and Housing Correspondence advising the Infrastructure for Jobs and Prosperity Act, 2015 will be proclaimed on May 1, Association of Municipalities of Ontario Policy Up-date Federal Infrastructure Minister provides funding details regarding funding programs announced in the 2016 Federal Budget. 5. Town of Prescott and Municipality of Trent Lakes Support for correspondence of Laurie Scott, MPP Haliburton-Kawartha Lakes- Brock Resolution requesting the Province to take immediate steps to combat human trafficking in Ontario and raise public awareness. (Malahide Township supported this Resolution on April 21, 2016). 6. Municipality of Central Elgin and the County of Elgin Support for the Township of Malahide Resolution requesting East Elgin Secondary School to reinstate funding for transportation to Co-operative Education Programs. 7. Ministry of Agriculture, Food and Rural Affairs - Approval of Robert Lopez as Malahide Township s Drainage Superintendent. 8. City of St. Thomas Invitation to participate in Mayor Jackson s 2016 Annual Charity Golf Tournament. 9. KinCanada Invitation to participate in The Aylmer Kinsmen 1000 km Journey to raise money for the St. Thomas Elgin General Hospital Foundation to help purchase a new CT Scanner for diagnostic imaging.

6 6 10. Town of Aylmer Resolution regarding request from Malahide for costing of Aylmer Police Services. 11. Long Point Region Conservation Authority Financial Statements and Year End Report. 12. Elgin County Land Division Committee - Confirmation appeal period expired for Land Severance Application E15/16, Carrel Farms Inc., relating to property at Part Lot 80, Concession South Talbot Road. 13. Municipality of Central Elgin Notice of Public Meeting for Zoning Bylaw Amendments: Yarmouth Centre Road Talbot Line. 9. THAT Council move into Closed Session at p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discuss the following: i) A Proposed or Pending Acquisition or Disposition of Land matter relating to property on Ron McNeil Line. ii) A Proposed or Pending Acquisition or Disposition of Land matter relating to property on Springfield Road. iii) A Proposed or Pending Acquisition or Disposition of Land matter relating to property on Hacienda Road. 10. THAT Council move out of Closed Session and reconvene at p.m. in order to continue with its deliberations. 11. THAT By-law No , being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. 12. THAT the Council adjourn its meeting at p.m. to meet again on May 19, 2016, at 7:30 p.m.

7 7 The Corporation of the Township of Malahide April 21, :30 p.m. The Malahide Township Council met in the Council Chambers located in the Springfield & Area Community Service Building, at Ron McNeil Line, Springfield, at 7:30 p.m. with the following present: Council: Mayor D. Mennill, Deputy Mayor M. Wolfe, 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 Community and Corporate Services E. DiMeo, Director of Fire and Emergency Services B. Smith, Director of Financial Services S. Dieleman, Director of Physical Services R. Johnson, 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 Moved by: Rick Cerna Seconded by: Mark Widner THAT the minutes of the regular meeting of the Council held on April 7, 2016 be adopted as printed and circulated.

8 8 PRESENTATIONS/DELGATIONS/PETITIONS: Public Meeting Zoning By-law Amendment Application as submitted by Wayne and Wendy Hiepleh relating to property located at Part Lot 18, Concession 12, Geographic Township of South Dorchester. No Moved by: Mike Wolfe Seconded by: Max Moore THAT the Public Meeting concerning the Zoning By-law Amendment Application of Wendy and Wayne Hiepleh (Skipwell Farms Inc.) relating to the property located at Lot 18 Concession 12, Geographic Township of South Dorchester, be called to order at 7:30 p.m. Mayor Mennill advised that the purpose of this Public Meeting is to consider an application to change the zoning of the subject property from Large Lot Agricultural (A3) Zone to the Site Specific Agricultural Residential Zone and Special Agricultural Zone. Mayor Mennill asked the Deputy Clerk to advise and confirm on the method and date of notice given for this meeting. The Deputy Clerk advised that notice of the meeting was given in the prescribed manner by publication in a newspaper of general circulation at least twenty days prior to this meeting. This public meeting was advertised in the Aylmer Express on March 23 and 30, In addition, affected property owners within 120 meters were sent a notice by prepaid first class mail that was posted at least twenty days prior to this meeting. Mayor Mennill requested the Director of Community and Corporate Services to provide an overview of the application. The Director advised the Amendment is to change the zoning on a surplus farm dwelling lot proposed to be severed, which contains a single detached dwelling, garage and implement shed, from the Large Lot Agricultural Zone to the site specific Agricultural Residential Zone to permit the proposed lot and to permit an oversized existing accessory building. The zoning of the retained parcel is proposed to be changed from Large Lot Agricultural to Special Agricultural Zone to prohibit the erection of a dwelling thereon. The Deputy Mayor asked the applicant and/or their agent to provide any additional information and there was none. Mayor Mennill asked the Deputy Clerk to provide any comments received from the circulated agencies and landowners. The Deputy Clerk advised that one

9 9 letter was received from the Catfish Creek Conservation Authority indicating no objections. Mayor Mennill asked if any person in attendance wished to make any comments regarding the application and there were none. Mayor Mennill thanked those in attendance and advised that the Council will consider all comments received when making its final decision on the application. No Moved by: Rick Cerna Seconded by: Mark Wales THAT the Public Meeting relating to Zoning By-law Amendment Application of Wayne and Wendy Hiepleh relating to the property located at Lot 18, Concession 12, be adjourned and the Council meeting reconvene at 7:32 p.m. No Moved by: Mark Widner Seconded by: Max Moore THAT By-law No being a By-law to amend Zoning By-law No insofar as it relates to the property owned by Wayne and Wendy Hiepleh, located at Lot 18, Concession 12, be given first, second and third readings, and properly signed and sealed. Presentation Bernie Wiehle and Mark McDonald, County of Elgin, relating to an overview of County Operations. Warden Bernie Wiehle and CAO Mark McDonald, of the County of Elgin, appeared before the Council to provide an update of County Operations and key initiatives contemplated for Mr. McDonald provided an overview of the operations of the County, including 2016 Budget highlights, corporate goals and partnerships, and collaboration. Some of the County s key initiatives for 2016 are to rebuild Terrace Lodge, continuing the Community Improvement Plan, bringing high speed internet to rural areas, increasing ambulance service, support health recruitment, provide funding for road projects, new library book purchases, Clean Water Program, and hospital redevelopment.

10 10 Councillor Wales thanked the County for proceeding with the new bike lanes along Imperial Road. He reported however that there was an issue with erosion along parts of the construction area. Mr. McDonald confirmed that he would follow-up with the County s Engineering department regarding the problem. Mr. McDonald presented the recently released County Tourism Video promoting various destinations throughout the County. No Moved by: Mark Wales Seconded by: Rick Cerna THAT the presentation received from Elgin County Warden Bernie Wiehle And Elgin County Chief Administrative Officer Mark McDonald providing an overview of County Operations and key initiatives contemplated for 2016 be received. The Mayor thanked Warden Wiehle and Mr. McDonald for their presentation and they retired from the meeting. Presentation Brenda Slater, of the Municipal Property Assessment Corporation, relating to the Property Assessment Notices. Brenda Slater, of the Municipal Property Assessment Corporation (MPAC), appeared before the Council to provide an update regarding recently mailed property assessment notices for residential properties. Ms. Slater indicated that residential property owners will receive their Property Assessment Notices starting on April 18, Farm Property Assessment Notices will be mailed October 11, 2016 and Multi-Residential and Business Notices will be mailed October 18, The new assessments will serve as the basis for calculating property taxes for Ms. Slater advised that residential property owners have 120 days from the issue date of their Property Assessment Notice to file a Request for Reconsideration. The deadline for such reconsideration submissions is August 16, Ms. Slater provided information about a website entitled aboutmy-property.ca which will aid property owners to access information on how their property was assessed; compare their assessment to others in their community, and learn more about property values through market trends. No

11 11 Moved by: Mark Widner Seconded by: Mike Wolfe THAT the presentation received from Brenda Slater, of the Municipal Property Assessment Corporation, providing an update regarding property assessment notices for residential properties be received. The Mayor thanked Ms. Slater for her presentation and she retired from the meeting. Presentation David Anderson, of 4 Roads Management Services Inc., relating to the 2015 Municipal Road Inventory Condition Report. David Anderson, President of 4 Roads Management Services Inc., appeared before the Council to present the 2015 Municipal Road Inventory Condition Report. Mr. Anderson indicated that the overall condition of the road system is good and that it has increased approximately 17% in terms of system adequacy and approximately 11% for physical conditions from 2008 to He indicated that the Roads Preservation Budget is $1,051,500 which includes recommendations for resurfacing, surface treatment, gravel resurfacing, and crack sealing. He encouraged the Council to continue its commitment to maintaining and enhancing its road infrastructure. No Moved by: Max Moore Seconded by: Rick Cerna THAT the presentation received from David Anderson, President of 4 Roads Management Services Inc., regarding the 2015 Municipal Road Inventory Condition Report, be received. The Mayor thanked Mr. Anderson for his presentation and he retired from the meeting. REPORTS: Director of Fire and Emergency Services - Emergency Services Activity Report - March

12 12 No Moved by: Rick Cerna Seconded by: Mike Wolfe THAT Report No. F entitled Emergency Services Activity Report March be received. Director of Physical Services - Port Burwell Area Secondary Water Supply System (PBASWSS): Port Burwell Water Tower Painting Tender Results No Moved by: Mark Wales Seconded by: Chester Glinski THAT Report No. WWOM entitled Port Burwell Area Secondary Water Supply System (PBASWSS): Port Burwell Water Tower Painting Tender Results be received; AND THAT the low bid from RESCOM Coatings Inc., to paint the exterior surface of the Port Burwell water tower, re-line the interior surface of the water tower, and upgrade various health and safety related items, at a cost of $643, (excluding applicable taxes), be accepted; AND THAT the Mayor and CAO/Clerk, on behalf of the Port Burwell Area Secondary Water Supply System, be authorized to sign and enter into an agreement with RESCOM Coatings Inc. to complete the identified work, in the amount of $643, (excluding applicable taxes). - Versnick Drain Report - Update No Moved by: Mike Wolfe Seconded by: Max Moore THAT Report No. PS entitled Versnick Drain Report Update be received.

13 13 - Half-Load Season Deputy Mayor Wolfe questioned if the enforcement on the Township Roads for half-load season was in line with other neighbouring municipalities and was ensured by the Director of Physical Services it was similar to that of other municipalities. The Director confirmed that the Load Restriction By-law does permit exemptions when deemed appropriate and that it does give the Council flexibility for dates. - Railway Crossing Signage The Director responded to an inquiry from Councillor Widner regarding signage at railway crossings by advising that recent legislation has transferred responsibility for safety signage to the local municipalities. The Director advised that currently Cyril J. Demeyere Ltd. was preparing a report on the matter and that such report will be submitted to the Council at a future meeting. Director of Financial Services - Tax Sale Properties Update No Moved by: Mark Wales Seconded by: Mark Widner THAT Report No. FIN entitled Tax Sale Properties Update be received. - Budget Tax Rate Amendment No Moved by: Mark Wales Seconded by: Rick Cerna THAT Report No. FIN entitled Budget Tax Rate Amendment be received; AND THAT Schedule B to By-law No , being a By-law to adopt the 2016 Budget and to set the 2016 tax rates and levies, be amended to revise the 2016 tax rates as necessary.

14 14 REPORTS OF COMMITTEES/OUTSIDE BOARDS: No Moved by: Mike Wolfe Seconded by: Rick Cerna THAT the following Reports of Committees/Outside Boards be noted and filed: 1. Long Point Region Conservation Authority Annual General Meeting Minutes of February 26, Draft East Elgin Community Complex Interim Board Minutes of April 6, CORRESPONDENCE: No Moved by: Max Moore Seconded by: Mike Wolfe THAT the correspondence received from Laurie Scott, MPP Haliburton- Kawartha Lakes-Brock, requesting the Province to take immediate steps to combat human trafficking in Ontario and raise public awareness be supported. No Moved by: Max Moore Seconded by: Mike Wolfe THAT the following correspondence be noted and filed: 1. Association of Municipalities of Ontario - Watch File dated April 7 and 14, Township of Tay Resolution requesting the Province of Ontario to implement a comprehensive, long-term solution to insurance reforms, including joint and several liability. 3. Township of Georgian Bay Resolution requesting the Ministry of Transport to implement legislation to enforce a No Wake restriction in Ontario s navigable waters.

15 15 4. Township of North Stormont Resolution requesting the Ontario Energy Board to examine the expansion of natural gas services and make it available to all of Eastern Ontario rural areas. 5. Elgin County - Update regarding Elgincentives Community Improvement Plan. 6. AMO Policy Update Bill 151 Waste-Free Ontario now sent to Standing Committee. 7. Elgin County Land Division Committee - Notice of Decision for Application E15/16 Carrel Farms Inc. relating to property located at Part Lot 80, Concession STR, Town of Aylmer/Township of Malahide. 8. Municipality of Central Elgin Notice of Passing Zoning By-law Amendment relating to property located at 5913 Stone Church Road. OTHER BUSINESS: - EECC 2015 Audited Financial Statements No Moved by: Mike Wolfe Seconded by: Mark Wales THAT the East Elgin Community Complex 2015 Audited Financial Statements, as prepared by Scrimgeour & Company Chartered Accountants, be approved. - EECC Facility Rental Rates No Moved by: Rick Cerna Seconded by: Mark Widner THAT the East Elgin Community Complex Facility Rental Rates, as approved by the East Elgin Community Complex Interim Board on April 6, 2016, be approved.

16 16 - EECC 2016 Operating Budget No Moved by: Mark Widner Seconded by: Rick Cerna THAT the East Elgin Community Complex 2016 Operating Budget, in the amount of $592,536.00, and the 2016 Capital Budget, in the amount of $47,000.00, be approved. - System Administrator for OPC Pump Station No Moved by: Max Moore Seconded by: Chester Glinski THAT the correspondence received from the Town of Aylmer, dated April 15, 2016, regarding the relinquishment of System Administrator to the Township of Malahide for the Ontario Police College Pump Station be received. BY-LAWS: - By-law No Tax Rate Amendment No Moved by: Rick Cerna Seconded by: Mark Wales THAT By-law No being a By-law to amend Schedule B to By-law No insofar as it sets the 2016 tax rates, be given first, second and third readings, and be properly signed and sealed. CLOSED SESSION: No Moved by: Mike Wolfe

17 17 Seconded by: Rick Cerna THAT the Council move into Closed Session at 9:07 p.m., pursuant to Section 239(2) of the Municipal Act, 2001, as amended, to discuss a Proposed or Pending Acquisition or Disposition of Land Matter relating to Malahide Fire Services. No Moved by: Mike Wolfe Seconded by: Max Moore THAT the Council move out of Closed Session and reconvene at 9:31 p.m. in order to continue with its deliberations. The Mayor advised that during the Closed Session, the Council provided direction to the Municipal Staff regarding a Proposed or Pending Acquisition or Disposition of Land relating to the Malahide Fire Services. CONFIRMATORY: No Moved by: Mark Wales Seconded by: Mike Wolfe THAT By-law No , being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. ADJOURNMENT: No Moved by: Chester Glinski Seconded by: Mark Widner THAT the Council adjourn its meeting at 9:32 p.m. to meet again on April 25, 2016, at 7:00 p.m.

18 18 Mayor D. Mennill Clerk M. Casavecchia-Somers

19 The Corporation of the Township of Malahide Special Council Meeting April 25, :00 p.m. The Malahide Township Council met in the Council Chambers located in the Springfield & Area Community Service Building, at Ron McNeil Line, Springfield, at 7:00 p.m. with the following present: Council: Mayor D. Mennill, Deputy Mayor M. Wolfe, Councillor M. Widner, Councillor M. Moore, Councillor R. Cerna, Councillor M. Wales and Councillor C. Glinski. Staff: Director of Community and Corporate Services E. DiMeo and Deputy Clerk D. Wilson. Planners: J. McGuffin and D. Smith of Monteith Brown Planning Consultants. CALL TO ORDER: Mayor Mennill took the Chair and called the meeting to order at 7:00 p.m. DISCLOSURE OF PECUNIARY INTEREST and the General Nature thereof: No disclosures of pecuniary interests were declared. PRESENTATION: - Preliminary Review Draft Comprehensive Zoning By-law The Director of Community & Corporate Services advised the Council this workshop would be a session to brainstorm and provide input to the Township Planners for the Comprehensive Zoning By-law. The Zoning By-law must be brought up-to-date with the Official Plan Amendment and Provincial Policy Statement. Township Planners Jay McGuffin and Dan Smith of Monteith Brown Planning Consultants, appeared before the Council to provide an overview of the draft Comprehensive Zoning By-law using the Elgin County Official Plan Policy Review; Malahide Official Plan Policy Review as up-dated; Site Specific Zoning Review; and, the Non-Residential and Non-Agricultural Analysis, for the background information. The Planners indicated The Smart Growth for Our Communities Act, 2015 (Bill 73) received Royal Assent on December 3, The Act makes changes to both the Development Charges Act and Planning Act. It was noted that Bill 73 s ramifications include a moratorium on any planning applications for 2 years if the Official Plan Amendment is completely revamped. If a completely new Official Plan is completed the next Comprehensive By-law does not need to be completed for 10 years instead of 5 years. If the Official Plan is revised and not revamped in its entirety, then there is no hiatus for amendments. The Planners questioned the Council on how they wished to proceed regarding minimizing the number of different zoning categories, size of retained parcels for

20 farm surplus severances, maintaining 3 zones in the Agricultural zone, size of accessory buildings, expanding the Holding Symbol category, removing Future Development areas and placing them in residential areas possibly around Springfield, introducing a public utility zone, enlarging home occupation uses, restaurant and gas bar zones, secondary dwelling units, and street frontage for building lots. The Planners thanked the Council for their input. The Planners requested a Public Open House be scheduled to allow the public to ask questions and review proposed changes prior to creating the Zoning Maps and draft Zoning By-law. After the first Public Open House the draft would be created with the Zoning Maps and a second Public Meeting would be held to inform the public of the contemplated changes. Following the Public Meeting, the Council can either recommend further changes based on the public input or adopt the draft Comprehensive Zoning By-law as it was prepared. The Mayor thanked the Planners for their presentation. ADJOURNMENT: No Moved by: Mark Widner Seconded by: Chester Glinski THAT Malahide Township Council adjourn at 9:21 p.m. to meet again at its regular meeting to be held on May 5, 2016 at 7:30 p.m. Mayor - D. Mennill Deputy Clerk D. Wilson

21 21 Report to Council REPORT NO.: PS DATE: April 22, 2016 ATTACHMENT: Petition and Sketch SUBJECT: Petition for Drainage: Eden Drain Branch D Recommendation: THAT Report No. PS entitled Petition for Drainage: Eden Drain Branch D be received; AND THAT John R. Spriet, P. Eng. of Spriet and Associates, be appointed to prepare an Engineer s Report for this petition. Comments/Analysis: The Township of Malahide has received a request (petition attached) for drainage improvements. As identified in the petition, the landowner of Wilson Line wishes to see alterations made to the Eden Drain to provide sufficient outlet for the northerly portion of Wilson Line. There is runoff coming across the road from the north side of Wilson Line, through a culvert and onto the field at It would appear that the runoff generated, is causing erosion and wet areas in the field to the south. Larry Dawson has petitioned that a new branch be added to the Eden Drain in Lot 4, Concession 9, of Malahide Township (former geographic township of South Dorchester). The estimated length of the project is 200 meters. A sketch is attached showing the location of the proposed improvement. Financial Implications to Budget: The Staff are recommending that John R. Spriet, P. Eng. of Spriet and Associates London Ltd., be appointed by the Council to prepare the report. The estimated construction date is late The Township has lands which contribute to the drainage area and thus will likely be a part of the report.

22 22 Summary: Given their prior involvement with the drain, the Staff are recommending that Spriet and Associates London Ltd., be appointed by the Council to prepare the report. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support 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 Robert Johnson, Director of Physical Services

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26 26 rawmsw' v, MALANI n pn,ud tradmm, a bnghr jururr ' x Report to Council REPORT NO.: PS16-16 DATE: April 28, 2016 ATTACHMENT: SUBJECT: DRAFT AGREEMENT Contract Award: 2016 Supply and Apply Surface Treatment Recommendation: THAT Report No. PS entitled " Contract Award: 2016 Supply and Apply Surface Treatment" be received; AND THAT the 2016 Supply and Apply Surface Treatment work be awarded to Duncor Enterprises Inc.; AND THAT the Mayor and Clerk be authorized to enter into an agreement with Duncor Enterprises Inc., of Barrie, Ontario, for the purpose of completing the 2016 Surface Treatment Program. Backqround: In the past, the Township has participated with several other lower tier municipalities in Elgin County to issue a Surface Treatment Tender. Since 2013, the Township has participated in a purchasing co-operative with the County to secure a contractor. The Staff would again recommend that the Township participate in a purchasing cooperative with the County. The County obtained a competitive price using a competitive process. The Township procurement policy permits the Township to participate in cooperative purchasing with other government agencies or public authorities where it is in the best interest of the Township to do so. The policies of the government agencies or public authorities calling the co- operative tender are to be the accepted policy for that particular tender. Comments/Analvsis: The County of Elgin called for tenders to complete their annual Micro Surface and Surface Treatment Program. The tender was awarded to Duncor Enterprises Inc., of Barrie, Ontario. The unit prices in the County' s tender are based on a per kilogram of emulsion applied and a per tonne of aggregate applied rather than a per meter cost of finished product. Typically, the Township requests a per square meter price. Based on a typical

27 application rate, as identified in the tender, of kg/ m2 of emulsion and 15 kg/ m2 of aggregate, the unit price per square meter is $ ( single surface treatment). Based M2 on a typical application rate, of kg / 27 of emulsion and 15 kg / M2 of aggregate, the unit price per square meter is $ ( double surface treatment). The unit price per square meter for a single lift of Type III microsurfacing is $ The Staff would recommend entering into an agreement with the Contractor to formally recognize the owner/contractor relationship. In the past, the Municipality's tender has stipulated a two-year warranty period. The County's tender stipulates a one-year warranty. Notwithstanding the County' s policy, requesting a two-year warranty the Staff would also recommend in recognition of the increased tender quantities. The tender documents identify an August 29, 2016 completion date. The following roads are scheduled to be resurfaced ( Single Surface Treatment) in 2016: 1. Rogers Road from John Wise Line to South dead end. 2. Vienna Line from Imperial Road to Springfield Road ( Double Surface treated using funds from the single surface treatment budget) The following roads are scheduled to be resurfaced ( Micro Surface Treatment) in 2016: 1. Dingle Line from Hacienda Road to Springfield Road 2. Wilson Line from Imperial Road to Putnam Road 3. Brook Line from Rogers Road to Caverly Road The following surface treatment) in 2016: gravel roads are scheduled to be converted to hard surface ( double 1. Dorchester Road from Lyons Line to York Line 2. Rogers Road from John Wise Line to south Dead End Financial Implications to Budget: The table below shows that the prices have risen in recent years. This is due to the price of the emulsion. The Staff believe that the Township is still getting good value for its money and should continue to expand its surface treatment program to maximize its return on investment. To date, the Council has committed to expanding its surface treatment program by 2 kilometers every year until the program is fully -funded. The recommended engineering best practice is to have a surface treatment program on a seven year cycle. 1/ 7th of our system should be resurfaced every year. This is based on the life expectancy of surface treatment in order to minimize maintenance costs. The 2008 and 2016 Road Needs Study recommends that the Municipality undertake a gravel road conversion program to reduce ongoing and future maintenance costs.

28 28 PRICE PER SQUARE METER PER YEAR SINGLE SURFACE TREATMENT $ 2.29 $ $ $ $ $ $ 2.64 $ DOUBLE SURFACE TREATMENT $ 4.47 $ $ 3.44 $ $ 4.68 $ 4.85 $ 4.88 $ 4.88 MICRO SURFACE $ $ $ $ The 2016 Budget includes $ 470, 000 for single surface treatment ( including surface preparation) and includes $ 240, 000 for the surface of the gravel road conversion projects. The Staff estimate the work listed above to cost approximately $ 710,000 based on the recommended square meter application rates. The remaining funds will be used to prepare the road surface ( asphalt patching and edging). The Council is reminded that payment for surface treatment is based on the actual field measurement of material applied. Road widths vary and will influence the final cost. Vienna Line: As the Council is aware, the surface treatment on Vienna is not performing as expected. In the 2016 the Municipal Staff included a provision single surface treatment Vienna Line from Imperial Road to Springfield Road. Upon a review by Golder Associates, it has been determined that the best course of action would be to pulverize the existing a double surface treatment to the road. Thus, the Staff have made surface and apply provision in the 2016 surface treatment program to reduce the amount of single surface treatment being undertaken to accommodate the new scope of work on Vienna. The proposed project/program including the changes to Vienna Line as identified in the report is included in the 2016 Budget and therefore the approval of this project will have no impact on the budget as previously adopted by the Council. Summarv: The Staff would recommend awarding the 2016 surface treatment work to Duncor Enterprises Inc., of Barrie, Ontario, as the selected contractor following the Elgin County procurement process. The project is included in the 2016 Budget and therefore the approval of this project will have no impact on the budget as previously adopted by the Council. Relationship to Cultivatinq 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 " Local Government" Strategic Pillar relates to Embody Financial Efficiency throughout Decision -Making". Securing service providers using competitive procurement and using purchasing cooperative typifies this goal. Submitted by: Robert Johnson, CET Director of Physical Services Approved by:

29 29 AGREEMENT THIS AGREEMENT made in triplicate this day of in the year BETWEEN: herein called the "Contractor") and Of The First Part THE CORPORATION OF THE TOWNSHIP OF MALAHIDE( herein called the Township") Of The Second Part WHEREAS the Corporation of the County of Elgin (" County") and the Contractor entered into Contract No attached hereto as Schedule " B" for the supply of all labour, equipment and materials to supply and place Microsurfacing Type 3 and Double Surface Treatment on various roads throughout the County of Elgin; AND WHEREAS the Township and the Contractor wish to change the Corporation of the County of Elgin' s Micro Surfacing and Surface Treatment, Contract No as described in this Agreement to include those works described in Schedule "A" attached hereto ("Additional Works"); AND WHEREAS the Corporation of the County of Elgin has consented to the changes to Contract No as set out in this Agreement provided the Township pays all increases in prices and costs related to said changes and Additional Works; AND WHEREAS this Agreement is further to and does not replace or otherwise alter the rights, privileges, obligations, covenants, agreements, promises and consideration included in Contract No as between the Contractor and the County; NOW THEREFORE, in consideration of the amounts as herein stated to be paid by the Township to the Contractor and in consideration of the promises and other good and valuable consideration and the covenants and agreements hereinafter to be performed, the parties hereto covenant and agree as follows: 1. The Contractor and the Township agree the above recitals are true. 2. This Agreement shall be referred to herein as the "Agreement".

30 30 3. The Contractor and the Township are collectively referred to herein as the "Parties". 4. The Parties agree to change the Corporation of the County of Elgin' s Microsurfacing Type 3) and Double Surface Treatment, Contract No (" Contract") as described in this Agreement to include the Additional Works. 5. The Contractor hereby agrees to honour and extend all the rights, privileges, and obligations, which are afforded to the County pursuant to the Contract, to the Township at the unit prices as submitted by tender to the County by the Contractor and accepted by the Contract. 6. The rights, privileges, obligations, covenants, agreements, promises, terms and consideration included in the Contract as between the Contractor and the County shall apply as between the Contractor and the Township with respect to the Additional Works. For clarity and where the context requires, wherever "Owner" or "County" is used in the Contract it shall include the Township only to the extent that it applies to the Additional Works and except as otherwise stated herein. 7. The Contractor agrees that all specifications, guarantees/warranties, deposits, schedules and other requirements included in the tender documents and in the Contract apply to the Additional Works and that all works carried out pursuant to this Agreement shall be provided and carried out in accordance with and pursuant to the Contract. 8. The Parties agree that the Township shall not be responsible for payment of any costs or amounts owed to the Contractor by the County pursuant to the Contract except as payment relates directly to the Additional Works and this Agreement. 9. The Parties further agree that the Township shall not be liable or otherwise responsible for any works or other obligations and responsibilities of the County related directly or indirectly to the supply and placement of Microsurfacing Type 3 and Double Surface Treatment on various roads throughout the County of Elgin, except as the works, obligations and responsibilities relate directly to the Additional Works and this Agreement. 10. The Parties agree that payment for the Additional Works shall be paid by the Township to the Contractor in accordance with the same payment terms and at the same unit prices tendered and included in the Contract; subject to any additions and deletions as may be properly made under the terms of the Contract.

31 31 IN WITNESS WHEREOF the parties have hereunto set their hands and seals and the Corporations have hereunto caused to be affixed their corporate seal under the hands of the duly authorized officers. SIGNED, SEALED AND DELIVERED ) in the presence of ) The Corporation of the Township of Malahide Date of Signature Date of Signature We have authority to bind the Corporation. Duncor Enterprises Inc. Per: Date of Signature Per: Date of Signature I/ We have the authority to bind the Corporation.

32 32 SCHEDULE A 2016 SURFACE TREATMENT AND MICROSURFACING QUANTITIES ROAD SECTION FROM TO SQ METERS MICRO SURFACING Brook Line Dingle Line Wilson Line Calvary Road Hacienda Road Imperial Road Rogers Road 6, 100 Springfield Road 15, 250 Putnam 38, SINGLE SURFACE TREATMENT Springwater Road Rogers Road DOUBLE SURFACE TREATMENT Vienna Line Dorchester Road Rogers Road Ron McNeil Line John Wise Line Imperial Road Lyons Line Glencolin Line Mapleton Line 14,600 South Dead End 7, , 900 Springwater Road 35, 700 York Line 26, 280 Ron McNeil 21, , 880

33 33 SCHEDULE B Corporation of the County of Elgin' s Micro Surfacing and Surface Treatment, Contract No

34 34 Report to Council REPORT NO.: PS DATE: April 27, 2016 ATTACHMENT: None SUBJECT: Quote Results: 2016 Stump Grinding Recommendation: THAT Report No. PS entitled Quote Results: 2016 Stump Grinding be received. AND THAT the 2016 Stump Grinding contract be awarded to Just Stumps in the amount of $48.67 per stump plus HST. Background: The Township of Malahide has been removing tree stumps by grinding annually since This program was initiated to lessen the liability the municipality would incur in the event of an incident involving a tree base being left on a roadside being struck and causing damage to a vehicle or person. Contractors are requested to submit their unit rates to supply the labor and equipment required to grind all of the stumps listed in our annual stump grinding program. Annually, the Township removes approximately 50 stumps along the roadside on both County & Township roads. The request for quotation was advertised on the Township web site and in the Aylmer Express. Prior to working for the Township, owner operators/contractors are required to supply the proof of compliance with OH&S, WSIB, Ministry of Labour, adequate insurance coverage, employee training in WHIMIS and MSDS and traffic control plans. The Township s request for quotation clearly states that low bid is not the only criteria in selecting service providers. Service providers may be overlooked based on past performance or as a result of bidders who qualify or place conditions on their bid. Comments/Analysis: The results of the request for quotation for stump grinding are as follows: Just Stumps quoted $48.67 per stump, plus taxes.

35 Zaps Tree Service quoted $55.00 per stump, plus taxes. Titanium Contracting Inc. quoted $135 per stump, plus taxes. Just Stumps was the successful bidder in 2015 and the Staff were satisfied with their performance. Financial Implications to Budget: The proposed program is included in the 2016 Budget and therefore the approval of this project will have no impact on the budget as previously adopted by the Council. Relationship to Cultivating Malahide: 35 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. Obtaining competitive quotations from local service providers helps to ensure financial efficiencies. Submitted by: Ed Ens, Roads & Construction Manager Approved by:

36 36 Report to Council REPORT NO.: FIN DATE: April 25, 2016 ATTACHMENT: Financial Report to April 30, 2016 SUBJECT: 2016 Financial Report Recommendation: THAT Report No. FIN entitled 2016 Financial Report be received. Background: The Council approved its budget on March 17, Comments/Analysis: A review of the attached financial report indicates that most items are at the level of expenditure expected for this point in the year. A detailed capital report is attached; however, minimal capital projects and purchases have been made thus far. Financial Implications to Budget: There are no concerns with meeting the 2016 budget at this time. 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 relates to Embody[ing] Financial Efficiency through Decision Making. It is important for the Council to remain informed on the financial position of the Township in comparison with the approved budget for the Council to make well-informed, mid-year decisions that may impact the Township s ability to stay within budget. Submitted by: Approved by:

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41 41 REPORT NO.: FIN DATE: April 29, 2016 ATTACHMENT: none SUBJECT: s.357 Applications Report to Council Recommendation: THAT Report No. FIN entitled s.357 Applications be received; AND THAT, pursuant to Section 357 of The Municipal Act, the following assessments be adjusted: 2015 Residential Assessment decrease by $ 160, Farmland Assessment decrease by $2, Commercial Assessment decrease by $96, Residential Assessment increase by $85, Commercial Assessment decrease by $96, Farmland Assessment decrease by $2, Residential Assessment increase by $2, Commercial Assessment-reduce by $9,300 Background: As changes are made to individual properties such as removing buildings or changing the use of a property, ratepayers may submit application to have their assessment reduced to reflect such changes as required in s.357 of the Municipal Act, MPAC provides the Township with information as to the change in valuation of assessments based on the applications. MPAC undertakes any property inspections where required. The Township reviews the changes in valuation and processes the applications to determine the amount of reduction in property taxes. As required under the Municipal Act, 2001, notice has been issued via regular mail that the s.357 applications will be heard by Council at the May 5th, 2016 meeting. Reductions will be applied first to any amounts outstanding on account and then to current tax installments. Any credit remaining will be refunded to property owners via

42 cheque. 42 Financial Implications to Budget: The total reduction in property taxes is $ 7, of which $ 2, pertains to the Township. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Local Government. One of the goals that support the Our Local Government Strategic Pillar relates to embody[ing] financial efficiency throughout decision making. Raising property taxes sufficient to cover all expenditures of the Township is a legislated and necessary requirement. Property owners are required to pay their share of the tax burden. However, circumstances do arise when changes to a property s valuation occurs mid-year indicating that their share of the burden needs to be adjusted. It is important to our ratepayers that these changes be recognized and processed in a timely fashion. Submitted by: Approved by: Tanya Hoover

43 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO 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 bylaw; 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 May 5, 2016, 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. 43 READ a FIRST and SECOND time this 5 th day of May, READ a THIRD time and FINALLY PASSED this 5 th day of May, Mayor, D. Mennill Deputy Clerk, D. Wilson