council agenda date: may 25, 2020 - north perth, ontario

THE MUNICIPALITY OF NORTH PERTH

COUNCIL AGENDA

Date: May 25, 2020Time: 7:00 pmLocation: Municipality of North Perth Council Chambers

Pages

1. CALL TO ORDER

Please note this meeting will be video streamed live on You tube.

In accordance with Section 30.1 of the North Perth Procedural By-law 40-2015,please turn off your cellular phones or any similar communication device duringthe meeting.

O Canada

2. REGULAR MEETING:

2.1 Disclosure of Pecuniary Interest and the General Nature Thereof

2.2 Opening of Meeting; approve or amend the agenda for tonight's meeting

3. CONSENT AGENDA

Items listed under the Consent Agenda are considered routine, may requirediscussion but not action on the part of Council. Consent items are received inone motion. Council members may request that one or more items be removedfor further action.

3.1 North Perth Regular Council Meeting May 11th, 2020 Minutes 1

3.2 The Humane Society of Kitchener Waterloo & Stratford Perth - AnimalControl Report January - April 2020

7

4. PUBLIC MEETINGS/PUBLIC HEARINGS/DELEGATIONS

Communications (written and verbal) addressed to Council will become part ofthe public record

5. REPORTS

5.1 CAO

5.1.1 Perth County Administrators Team Activity Report 8

5.2 Clerk

5.2.1 LED Display Sign 195 Wallace Ave. N. 12

5.2.2 Property Standards By-law 19

5.3 Interim Manager of Recreation

5.3.1 Steve Kerr Memorial Complex Generator Tender 40

5.3.2 Community of Character Update 42

5.4 Director of Finance/Treasurer

5.4.1 Hanna Municipal Drain - Upstream Portion 46

By-law 69-2020, being a By-law for Repair and Maintenance ofa Municipal Drain will be available for consideration

5.4.2 Federation of Municipalities (FCM) Grant Funding Application 51

5.5 Manager of Environmental Services

5.6 Manager of Operations

5.6.1 Green Municipal Drain 53

5.6.2 Award of the 2020 Pavement Condition Index 56

5.7 Fire Chief

6. COUNCIL REPORTS

6.1 Council Report Requests

7. CORRESPONDENCE

8. BY-LAWS

8.1 74-2020 - Amendments to the North Perth Appointments to Boards andCommittees

59

8.2 75-2020 - Appoint of a By-law Enforcement and Property StandardOfficer

63

9. NOTICE OF MOTIONS

10. OTHER

10.1 Announcements

11. CLOSED SESSION MEETING

In accordance with Section 239 of the Municipal Act a Closed SessionPertaining to:• personal matters about an identifiable individual, including municipal or localboard employees; regarding Real Estate Matters

12. REPORTING OUT

13. CONFIRMATORY BY-LAW

13.1 By-law No. 76-2020 Confirmatory By-law

14. ADJOURNMENT:

Regular Council Meeting – May 11th, 2020 P a g e 4 1 1 Municipality of North Perth Council Chambers

Members Present

Members Present

Remotely

Mayor Todd Kasenberg

Deputy Mayor Doug Kellum

Councillor Lee Anne Andriessen

Councillor Neil Anstett

Councillor Julie Behrns

Councillor Matt Duncan

Councillor Dave Johnston arrived at 7:13 p.m.

Councillor Matt Richardson

Councillor Allan Rothwell

Councillor Terry Seiler

Staff Present

Staff Present Remotely

Clerk Patricia Berfelz

Deputy Clerk Danette Beare

CAO Kriss Snell

Manager of Environmental Services Mark Hackett

Director of Finance/Treasurer Frances Hale

Chief Building Official/Zoning Administrator Ed Podniewicz

Manager of Operations Lyndon Kowch

Community Development Coordinator Kimberly Kowch

Planner Sean Yilmaz

Interim Manager of Recreation Amy Gangl

Others Present Remotely County Planner David Gundrum

Delegation Scott Patterson

1. CALL TO ORDER

Mayor Kasenberg called the meeting to order at 7:00 p.m.

2. REGULAR MEETING:

2.1 Disclosure of Pecuniary Interest and the General Nature Thereof

Councillor Julie Behrns indicated a conflict of interest with Agenda Items 5.4.1

and 13.1 because her grandchildren attended North Perth – Spinrite Child &

Family Centre prior to closing due to COVID-19 pandemic.

Deputy Mayor Doug Kellum indicated a conflict of interest with Agenda Items

5.4.1 and 13.1 because his father and mother-in-law are tenants at Perth

Meadows.

Councillor Lee Anne Andriessen indicated a conflict of interest with Agenda

Item 5.1.2 because she has initiated a small business endeavor.

2.2 Opening of Meeting; approve or amend the agenda for tonight's meeting

Resolution No. 240.05/20

Moved By Julie Behrns, Seconded By Matt Duncan

THAT: The Agenda for tonight's meeting, be approved.

CARRIED

3. CONSENT AGENDA

3.1 North Perth Regular Council Meeting May 4th, 2020 Minutes

3.2 County of Huron - Notice of Application for Consent

1



Moved By Dave Johnston, Seconded By Doug Kellum

THAT: Consent Items 3.1 to 3.2 be received for information and the minutes of

the May 4th 2020 Regular Council Meeting be adopted.

CARRIED

4. PUBLIC MEETINGS/PUBLIC HEARINGS/DELEGATIONS

4.1 Delegation - Scott Patterson - Maitland River Estates Phase II

In response to Council’s concerns at the May 4, 2020 Council Meeting

regarding the construction of a berm, Scott Patterson on behalf of the owner

provided information to Council regarding the intent to move forward with an

application for plan of subdivision pending the completion of the archeology

and noise study.


Moved By Matt Richardson, Seconded By Allan Rothwell

THAT: The Council of the Municipality of North Perth direct staff to prepare a

further report identifying financial implications to the Municipality for the three

options outlined in the report entitled Proposal Regarding an Earth Berm at

Maitland River Estates II dated May 4 2020.

CARRIED

RECESSED at 7:38 p.m.

RESUMED at 7:45 p.m.

5. REPORTS

5.1 CAO

5.1.1 Natural Gas Expansion Program - Molesworth


Moved By Terry Seiler, Seconded By Lee Anne Andriessen

THAT: The Council of the Municipality of North Perth direct Staff to provide a

Letter of Support to Enbridge Gas Inc. for the expansion of natural gas to the

community of Molesworth as part of the Natural Gas Expansion Program.

CARRIED

5.1.2 E commerce Marketplace Website

Lee Anne Andriessen did not participate in the vote.

Community Development Coordinator Kim Kowch reviewed the report.

Discussion ensued regarding the cost and options for funding following the

COVID-19 emergency.


Moved By Neil Anstett, Seconded By Julie Behrns

THAT: The Council of the Municipality of North Perth receive the report entitled

"E commerce Marketplace Website" dated May 11th, 2020 for information.

CARRIED

5.1.3 Strategic Plan 2019 - 2022 Implementation Update


Moved By Matt Duncan, Seconded By Dave Johnston

THAT: The Council of the Municipality of North Perth receive the Strategic Plan

2019-2022 Implementation Update report dated May 11th, 2020 as information.

CARRIED

2


5.2 Clerk

5.2.1 Nichol Subdivision Modification Request


Moved By Doug Kellum, Seconded By Matt Richardson

THAT: The Municipality of North Perth Council recommend to the Council of

the County of Perth that the application for Modification of Draft Plan of

Subdivision (File No. NP 18-02) submitted by MHBC Planning Ltd. on behalf of

Nichol Properties Inc. affecting property described as Part Lot 16, Concession

1, Part of Lots 29 and 30, Plan 430, Elma Ward, Municipality of North Perth be

APPROVED.

CARRIED

5.2.2 Application for Site Plan Agreement by Harsan Petrol Inc.


Moved By Allan Rothwell, Seconded By Terry Seiler

THAT: The Council of the Municipality of North Perth APPROVE Site Plan

Application SP15-2019, submitted by Harsan Petrol Inc. affecting property

described as Part Lots V & W, S/S Main St of Plan 194, AS IN R122128 (880

Main Street), Listowel Ward;

AND THAT: Council proceed with the adoption of the By-law authorizing the

Mayor and Clerk to enter into a new Site Plan Agreement and have it registered

on title of the subject property.

CARRIED


Moved By Lee Anne Andriessen, Seconded By Neil Anstett

THAT: By-law No. 66-2020, being a by-law to authorize the signing of a Site

Plan Agreement with Harsan Petrol Inc., be introduced, read and considered

read a first, second and third time and be finally passed and that the said By-

law be signed by the Mayor and the Clerk and sealed with the seal of the

Corporation.

CARRIED

5.2.3 Land Use Planning During an Emergency Order



THAT: The Council of the Municipality of North Perth receive the Staff Report

titled Land Use Planning during an Emergency Order in Ontario date May 11th,

2020 for information.

CARRIED



THAT: The Council of the Municipality of North Perth authorize staff to proceed

with holding a statutory public meeting under the Ontario Planning Act using

remote technologies and a modified process.

CARRIED

5.2.4 Billboard Sign Exemption Request

Councillor Dave Johnston left the meeting.

3



Moved By Matt Richardson, Seconded By Allan Rothwell

THAT: The Council of the Municipality of North Perth APPROVE an exemption

to the Municipality of North Perth Sign By-Law 117-2014 to allow the placement

of billboard signs at the following locations: 5927 Line 89, 8891 Road 164, 8585

Road 164, 6599 Perth Line 86, 6330 Perth Line 86, 5266 Perth Line 86, 5126

Perth Line 86, 5058 Perth Line 86.

CARRIED

5.3 Interim Manager of Recreation

5.4 Director of Finance/Treasurer

5.4.1 Accounts dated May 11, 2020

Councillor Julie Behrns and Deputy Mayor Doug Kellum indicated a conflict and

did not participate in the vote.


Moved By Terry Seiler, Seconded By Lee Anne Andriessen

THAT: The following summary of accounts be received by Council for

information:

General Administration $406,974.20

Business Improvement Association 661.45

Day Care 12,121.18

Fire Department 6,131.42

Library 1,132.35

Perth Meadows 2,468.17

Police –

Public Works & Sanitation-Capital 99,281.76

Cemetery 484.27

Drains 11,833.25

Landfill 27,084.33

Roads 34,379.82

Sewer & Water 89,097.46

Recreation 45,902.68

Bi-weekly pay period #9 150,542.21

Council & Police Service Board #5 13,886.42

Total $901,980.97

CARRIED

5.4.2 COVID-19 - Financial Considerations

Councillor Dave Johnston returned to the meeting.


Moved By Neil Anstett, Seconded By Julie Behrns

THAT: The COVID-19 – Financial Considerations Report be received by

Council for information, as presented.

CARRIED

5.4.3 Municipal Modernization Program - Transfer Payment Agreement



THAT: By-law No. 67-2020 being a by-law to authorize the signing of an Ontario

Transfer Payment Agreement her Majesty the Queen In Right of the Province

of Ontario represented by the Minister of Municipal Affairs and Housing for the

4


Province of Ontario be introduced, read and considered read a first, second

and third time and be passed and that the said by-law be signed by the Mayor

and the Clerk.

CARRIED

5.5 Manager of Environmental Services

5.6 Manager of Operations

5.6.1 Award of the Tandem Plow Truck Tender



THAT: The Council of the Municipality of North Perth award Tender NP-006-

20T to: Gerry’s Truck Centre, 4049 Eastgate Cres., London Ontario, N6L 1B7

in the amount of $319,895.00 excluding applicable taxes.

CARRIED

5.7 Fire Chief

6. COUNCIL REPORTS

6.1 Council Report Requests


Moved By Allan Rothwell, Seconded By Terry Seiler

THAT: The Council of the Municipality of North Perth direct staff to prepare a

report regarding the status of the Wallace History Book;

AND FURTHER THAT The Council of the Municipality of North Perth direct

staff to prepare an update on the Municipality’s role in the operations and

financial services provided to the Community of Character.

CARRIED

7. CORRESPONDENCE

8. BY-LAWS

9. NOTICE OF MOTIONS

10. OTHER

10.1 Announcements

CAO Kriss Snell announced Kate Docker’s last working day is May 13th and

due to COVID-19 a retirement party will be held in the future.

11. CLOSED SESSION MEETING


Moved By Lee Anne Andriessen, Seconded By Neil Anstett

THAT: This Committee proceed "In Camera" at 9:34 p.m. to address a matter

to the following:

1. advice that is subject to solicitor/client privilege, including communications

necessary for that purpose: regarding property described as Con 7 N Pt Lot

25, N PT Lot 26 and PT Lot 27, North Perth

CARRIED


Moved By, Seconded By

THAT: The “In Camera Session” is now adjourned at 10:10 p.m. and the

Council reconvene into regular open Council.

CARRIED

5


12. REPORTING OUT

13. CONFIRMATORY BY-LAW

13.1 By-law No. 68-2020 Confirmatory By-law

Deputy Mayor Doug Kellum, Councillor Julie Behrns and Councillor Lee Anne

Andriessen did not participate in the vote.


Moved By Dave Johnston, Seconded By Matt Richardson

THAT: By-law No. 68-2020, being a By-law to confirm generally previous

actions of the Council of the Municipality of North Perth; be introduced, read

and considered read a first, second and third time and be finally passed and

that the said By-law be signed by the Mayor and the Clerk and sealed with the

seal of the Corporation.

CARRIED

14. ADJOURNMENT:


Moved By Doug Kellum Seconded By Allan Rothwell

THAT: The Council meeting adjourns at 10:15 p.m. to meet again for general

Council business on Monday, May 25, 2020 at 7:00 p.m.

CARRIED

_________________________

Mayor

_________________________

Clerk

6

North Perth Animal Control 2020

Case Type Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

ber

Oct

ob

er

No

vem

ber

Dec

emb

er

Total

Welfare Checks 0 0 0 0 0

DOA 0 0 0 0 0

Enforcement 0 0 0 0 0

Miscellaneous 0 0 0 0 0

Seizure/Police/PAWS 0 0 0 0 0

Stray 1 1 2 1 5

Transport 0 0 0 0 0

Wildlife 1 0 0 0 1

Total 2 1 2 1 0 0 0 0 0 0 0 0 6

Species Intake Type Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

ber

Oct

ob

er

No

vem

ber

Dec

emb

er

Total

Dog 0 2 1 2 5

Cat 3 0 0 0 3

Domestic Bird 0 0 0 0 0

Domestic Sm An 0 0 0 0 0

Wildlife 0 0 0 0 0

0

0

0

3 2 1 2 0 0 0 0 0 0 0 0 8

7

COUNCIL REPORT - PACT Activity Report – 2018 and 2019 Page 1

This document is available in alternate formats, upon request.

COUNCIL REPORT

From: Kriss Snell, CAO Date: Monday, May-25-20 Subject: PACT Activity Report – 2018 and 2019

Background: In 2014, the CAO’s of Perth County formalized the Perth Administrators Collaborative

Team (PACT). PACT is a collaborative forum comprised of the CAOs of the City of

Stratford, the County of Perth, the Town of St. Marys, and the local municipalities (North

Perth, West Perth, Perth East, and Perth South). PACT meets quarterly to explore

shared service delivery and collaboration opportunities of mutual benefit. An update

report on PACT activities is provided annually or biannually.

The PACT partnership allows the seven municipalities to build on their history of

collaboration and shared service delivery and provides greater efficiencies and service

improvements for all partnering municipalities. PACT provides the forum for municipal

partners to discuss common challenges, share information and identify opportunities to

work collaboratively and improve service delivery within our respective communities.

Service collaboration allows us to:

Avoid duplication of efforts

Leverage the experience and work completed by partnering municipalities

Build better relationships between partners

Improve service delivery

Improve service effectiveness and efficiency

The discussions at the PACT table can lead to projects that all seven municipalities

collaborate on. However, in some cases a smaller subset of the municipalities may

pursue opportunities. The CAOs for the seven municipalities have a strong working

relationship and regularly scheduled meetings of PACT provide the forum for discussion

of our shared challenges.

8



It is important to note that the culture of sharing and collaboration is very strong

throughout the municipalities in Perth and there are regular working meetings of various

staff groups including Operations, Clerks, Treasurers, Recreation and Facilities and

Building department staff. Also, the libraries collaborate through the Perth County

Information Network. Many of the initiatives that are discussed in this report are the

result of these collaborations and often the role of PACT is limited to fostering and

supporting the culture of collaboration that is already in place.

Comments: The table below provides a high-level summary of activities that PACT has collaborated on in 2018 and 209 calendar years. Table 1: PACT Activities 2018/2019

Initiative Comments

Southwestern Integrated Fibre Technology (SWIFT) discussions

The regular meetings of PACT have served as a forum to receive presentations and have discussions on SWIFT

Long Term Care Beds PACT has received presentations and coordinated municipality response to Long Term in the area

Joint Council Orientations Plan and implement joint orientation for new Councils

Joint Procurement Opportunities Essentially a standing item on each agenda.

As a general rule, purchases over $20,000 are

considered. Some examples:

E-solutions for Municipal Websites

Operations equipment

Laptops for new Councils

Presentation to 2018 OMAA Spring Workshop

A presentation on PACT was made to the Ontario Municipal Administrators Association

Community Transportation Efforts to advocate for Community Transportation planning and grants were coordinated through PACT and a grant application was submitted

Joint Training Opportunities for joint training are discussed

and pursued

Ongoing e-solutions training

9



Ergonomics training

Greenhouse Gas Emission Reduction and GHG Community Plans

A joint proposal involving all seven municipalities was submitted to the Federation of Canadian Municipalities (FCM) and the grant has been received and is being implemented

Joint Service Delivery Review Project implemented by the County and local municipalities

Strategic Plans Project implemented by the County and local municipalities

Community Wellbeing and Safety Plans

The municipalities agreed to collaborate on completing a single plan and this has included a joint procurement. The consultant has been selected and the project is in implementation.

Modernization Grant The County, local municipalities and Town of St Marys submitted a joint application for a public works operational review of winter maintenance. The application was successful.

Regular updates on items of common interest

Examples:

County Radio System

Fire Dispatch

Hazmat contractor RFP

Homeless Enumeration

Huron, Perth, St Marys Benefits Consortium

Financial Implications: (Include amounts and funding source)

Click here to enter text. Recommendation: THAT: The Council of the Municipality of North Perth receive the Perth Administrators Collaboration Team (PACT) update for information. Reference Material Attached: Click here to enter text. Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan.

10



Report Prepared by: Kriss Snell, CAO Reviewed by: Kriss Snell, CAO Thursday, May-21-20

Kriss Snell, CAO

11

COUNCIL REPORT - LED Display Sign 195 Wallace Ave. N Page 1


COUNCIL REPORT

From: Ed Podniewicz CBO Date: Monday, May-25-20 Subject: LED Display Sign 195 Wallace Ave. N

Background: Owner of property located at 195 Wallace Ave.N., Listowel had previously attended the February 24, 2020 Council meeting as a delegation to provide information and answer questions for a proposal to install a third party12 ft X 8 ft LED Display Sign on the north facing wall abutting Inkerman Street W., at the above noted address. Council approved a resolution directing staff to prepare a report regarding an exemption to the sign by-law for a 12 ft X 8 ft LED Fascia Sign as presented by Corey Wilson. Staff prepared a report as requested and presented said report at the March 2nd, 2020 Council meeting. Staff report identified concerns to Council in regards to location of the proposed LED sign in proximity to a pedestrian crossing. Staff recommendation was to not approve the sign proposal due to these concerns. Council approved a resolution at this meeting requesting comments by a qualified traffic engineer in regards to potential impacts on public safety, both pedestrian and motorist, sought by the Municipality. Comments: Comments were received on April 30, 2020 from Salvini Consulting (traffic engineers) regarding our request to provide comment on impacts to public safety both pedestrian and motorists. Representative from consulting firm would not provide any formal comments as information was varied. They did however provide some links to the research they found on this matter. Four sources of information were provided including MTO policy, 2012 Ottawa Planning Committee Report, Toronto Sign By-Law and New Zealand Transport Agency. After studying the specific sections of the above documents referred to by the traffic consultant there appeared to be a common thread in regards to placement of LED signs in proximity to intersections, traffic signals, pedestrian crossings, etc. The common consistencies of all four sources appear to identify the following recommendations to be considered when allowing placement of LED signs along public roads. *1 Limit the use of digital technology in signs to digital billboards that display static images only (no video or animation)

12



*2 Maintain a minimum dwell time of 10 seconds per digital image. *3 Maximize night time brightness restrictions that will result in the least bright digital billboards. *4 Minimize setback requirements to intersections, traffic signals, pedestrian crossings. (The four sources polled had varied setback requirements ranging from 23m (75ft) from highway property line up to 100m (328 ft) minimum setback requirements) *5 Minimum setbacks from sensitive land uses such as residential, institutional zones, parks, etc. Based on the proponents initial presentation to Council the items identified above have been addressed other than there are no minimum setback rules established at this time for intersections, traffic signals or pedestrian crossings. Council will have to be satisfied that the proposed location of the LED sign will no negatively affect public safety at the pedestrian crossing. Financial Implications: (Include amounts and funding source)

None Recommendation: THAT: The Council of the Municipality of North Perth APPROVE the installation of a 12 foot X 8 foot LED Digital Fascia Sign on property located at 195 Wallace Ave. N., Listowel and that such sign will have the following restrictions provided: Be programed to include a minimal dwell time of 10 seconds per digital image Shall not display any video or animation Shall be provided with dusk to dawn technology to automatically adjust to a maximum night time ambient light not exceeding 0.3 fc above ambient light levels. Reference Material Attached: February 24th proponent Council presentation Sign Renderings Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Ed Podniewicz CBO Reviewed by: Kriss Snell, CAO Click here to enter a date.

Ed Podniewicz CBO

13



14

DWG#: G19D0257COREY WILSON - SF WALL MOUNTED DIGITAL BOARD OPTIONS - RENDERING PG # 1 OF 1

THIS DRAWING IS PROVIDED AS CONFIDENTIAL INFORMATION AND IS NOT TO BE USED, ALTERED, ISSUED OR REPRODUCED WITHOUT WRITTEN CONSENT FROM PROVINCIAL SIGN SYSTEMS.

REV: 0

1655 Feldspar Court,

Pickering, Ont, L1W 3R7

Tel:(905) 837-1791

Fax:(905) 837-1799

PROJECT

DATE

MAR 26/19

DRAWN BY

M.S.

LISTOWEL, ON

SALESPERSONNOTES

A CWB Certified

Company in

CSA W47.1 & W47.2

-RENDERING IS AN ARTISTIC

REPRESENTATION AND FOR DISCUSSION PURPOSES ONLY.

-ALL DIMENSIONS, COLOURS AND MOUNTING METHODS ARE TO

BE CONFIRMED BY SITE SURVEY RESULTS, CLIENT AND

ENGINEER'S NOTES.

10MM DIP BOARD w/

PERFORATED

CLADDING ON 3 SIDES

AND SOLID CLADDING

ON TOP

SURFACE AREA: 93.4 ft²

TOTAL ELECTRICAL OUTPUT

TOTAL LOAD: 31.3 AMPS / 120 VOLTS

TONY DA SILVA

OPTION 1 - 10MM DIP BOARD OPTION 2 - 10MM DIP BOARD

OPTION 1 - PHOTO RENDERING OPTION 2 - PHOTO RENDERING

11'-9 3/4"

[3600]

15'-9"

[4800]

7'-10 1/2"

[2400]

10'-6"

[3200]

SURFACE AREA: 165.88 ft²

TOTAL ELECTRICAL OUTPUT

TOTAL LOAD: 55.65 AMPS / 120 VOLTS

COREY WILSON

10MM DIP BOARD w/

PERFORATED

CLADDING ON 3 SIDES

AND SOLID CLADDING

ON TOP

11'-10"

[3606]

15'-9 1/4"

[4806]

7'-10 3/4"

[2406]

10'-6 1/4"

[3206]

18

COUNCIL REPORT - Property Standards By-law Update Page 1


COUNCIL REPORT

From: Patricia Berfelz, Clerk Date: Monday, May-25-20 Subject: Property Standards By-law Update

Background: On May 4th, 2020, Council was presented with a draft of the new Property Standards By-

law to allow Council to review and comment. North Perth Council directed Staff that the

draft be amended if necessary to integrate changes/additions resulting from Council and

Legal Counsel’s review, with the final document prepared for consideration at the June

1st, 2020 meeting of Council. Council requested the draft be made available to North

Perth residents for their comments and suggestions.

Comments: A Notice was published on the Municipal Website and circulated on Social Media inviting residents to make comment on the Property Standards By-law. In addition, an article regarding the new By-law was published in the local new paper. A copy of the By-law was emailed to all members of the Property Standard Committee. A complete review was received from the Municipal Lawyer and at the time of writing this report one resident has responded to the invitation to make comment.

1. Municipal Lawyer Comments were as follows: Remove the following Definitions:

Acceptable

Clean and Sanitary

Code

Inoperative Vehicle Add the following Definitions:

Municipality

Order

19



Revise the Sewage and Drainage Section and the Fences and Retaining Wall Section Highlighted paragraphs in the Exterior Walls Section and the Fences Section were recommended to be removed. They remain for Council discussion and recommendation. The Unsafe Conditions Section and the first 2 paragraphs from the Order Section have been removed. All recommended formatting and grammar errors have been corrected. The Schedule of Fines has been revised to comply with the fore mentioned changes.

2. The comments from the North Perth Resident were as follows:

Definitions

1.09 Plumbing is Section 7, OBC

1.14 "Domicile" replace with permanent home

1.28 Reference should be made to the Ontario Weed Act for definition of noxious weeds.

1.31 Officer should mean Provincial Offensive Officer as defined in the Ontario Building Code Act.

o Fences & Retaining Walls - should reference 0BC requirements. Part 3 Residential Standards

3.11 Exterior Walls overly restrictive. Guardrails

3.26 Observation when walking around Listowel, I have noticed many existing homes with front porches and decks that have unsafe guardrails, handrails and steps. These home owners could face liability issues if someone had a bad fall.

Part V1 Administration

6.09 Highlighted in Bold Letters - APPEAL OF ORDER The following comments are verbatim. General Comments: Written standard procedures should be established for enforcement of this by-law and would be beneficial if legal action is ever required. Many municipalities enforce their by-law on a written complaint basis or a motion from council. The neighbours are really hesitant in writing a formal complaint about their neighbour's property however they have no problem with a verbal complaint.

20



One suggestion, that if the Officer observes an obvious contravention they could enforce the provisions without receiving a complaint. The question is how serious council is about enforcing this by-law and are they prepared to spend monies on staff and legal fees. There maybe some individuals who will criticize that the by-law is too strict. Otherwise it is an excellent by-law and I would assume that the town solicitor has reviewed this by-law. It should be noted that in late 1970's and early 1980's a number of municipalities introduced a property Standards by-law in order to obtain Ontario Neighbourhood Improvement Grants which was implemented by the provincial government. Financial Implications: (Include amounts and funding source)

Recommendation: THAT: The Council of the Municipality of North Perth procced with the adoption the Property Standards, as amended at the June 1st, Council Meeting. Reference Material Attached: Draft Property Standards By-law Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Patricia Berfelz, Clerk Reviewed by: Kriss Snell, CAO Friday, May-22-20

Patricia Berfelz, Clerk

21

of 17


BY-LAW NO. 40-2020

A By-law to establish a Property Standards Committee for the Municipality of North Perth and for prescribing standards for the maintenance and occupancy of all property within the Municipality of North Perth, and prohibiting the use of any property that does not conform to the standards and requiring such properties to be repaired, maintained, or cleared of buildings, structures, debris, or refuse and prohibiting the removal of any notice, sign or placard placed thereon in accordance with this By-law.

WHEREAS under Section 15.1(3) of the Building Code Act, 1992, S.O. 1992, c.23, as amended (the “Building Code Act”), a by-law may be passed by the Council of a municipality to establish a Property Standards Committee and for prescribing the standards for the maintenance and occupancy of property within the municipality provided the official plan for the municipality includes provisions relating to property conditions; AND WHEREAS the Official Plan for The County of Perth and Municipality of North Perth (Listowel Ward) includes provisions relating to property conditions; AND WHEREAS the Council of the Municipality of North Perth is desirous of passing a by-law under Section 15.1(3) of the Building Code Act; AND WHEREAS Section 15.6(1) of the Building Code Act requires that a by-law passed under Section 15.1(3) of the Building Code Act shall provide for the establishment of a Property Standards Committee; NOW THEREFORE the Council of the Municipality of North Perth enacts the following: PART I DEFINITIONS In this By-law: 1.01 "Accessory Building" means a detached building or structure, not used for human habitation that is subordinate to the primary use of the same property. 1.02 "Apartment Building" means a building containing more than four dwelling units

with individual access from an internal corridor system. 1.03 "Approved" means acceptance by the Property Standards Officer. 1.04 “Approved Cover” means a tight fitting cover which is specifically designed or

manufactured as a motor vehicle cover and is capable of remaining in place under inclement weather conditions.

1.05 "Basement" means that space of a building that is partly below grade, which has

half or more of its height, measured from floor to ceiling below the average exterior finished grade.

1.06 “Bathroom” means a room containing at least a toilet and bathtub or shower, or

two rooms which contain in total at least one toilet and one bathtub or shower. 1.07 "Cellar" means that space of a building that is partly or entirely below grade,

which has more than half of its height, measured from floor to ceiling below the average exterior finished grade.

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1.08 “Committee” means the Property Standards Committee for the Municipality of North Perth.

1.09 “Crawl Space” means that space below the floor of the first storey of a building which is not less in height than 0.5 metres from the underside of the floor joists to the surface below and is not a cellar or basement as defined in this Article.

1.10 “Demolition” means the removal of all buildings, structures, debris or refuse from property and leaving the property in a graded and levelled condition

1.11 "Dwelling" means a building or structure or part of a building or structure, occupied or capable of being occupied, in whole or in part for the purpose of human habitation.

1.12 "Dwelling Unit" means a room or a suite operated as a house-keeping unit, used or intended to be used as a domicile by one or more persons and supporting general living conditions usually including cooking, eating, sleeping, and sanitary facilities.

1.13 “Dilapidated” means a building or structure in a state of disrepair or ruin as a result of age or neglect.

1.14 "First Storey" means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8 metres (6 ft.) above grade.

1.15 “Graffiti” means any work, figures, letters, numbers or drawings sprayed, scribbled, scratched, etched or otherwise applied on a surface.

1.16 "Guardrails" means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through them.

1.17 "Habitable Room" means any room in a dwelling unit used for or capable of being used for living, cooking, sleeping or eating purposes.

1.18 “Injurious Insects” include members of almost all orders and comprise species

which destroy cultivated plants and forest trees, others which injure grain and stored products, manufactured goods and raw materials; there are again species which infest domestic animals as well as those which molest or harm man himself.

1.19 “Maintenance” means the preservation and keeping in repair of a property. 1.20 "Means of Egress" means a continuous, unobstructed path of travel provided by

a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other exit facility used for the escape of persons from any point within a building, a floor area, a room, or a contained open space to a public thoroughfare or an approved area of refuge usually located outside the building.

1.21 “Motor Vehicle” means a vehicle that is drawn, propelled, or driven by any

means other than muscular power, but does not include a vehicle of a railway that is operated on rails.

1.22 "Multiple Dwelling" means a building containing three or more dwelling units. 1.23 “Municipality” means The Corporation of the Municipality of North Perth. 1.24 "Non-Habitable Room" means any room in a dwelling or dwelling unit other

than a habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other space for service and

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maintenance of the dwelling for public use, and for access to and vertical travel between storeys, and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this By-Law.

1.24 "Non-Residential Property" means a building or structure or part of a building

or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences or erections thereon or therein.

1.26 “Noxious Weeds” as defined by the Ontario Weed Control Act. 1.27 “Occupancy” means the use or intended use of a building or part thereof for the

shelter or support of persons, animals or property. 1.28 “Occupant” means any person(s) over the age of eighteen years in possession

of the property. 1.29 “Officer” means a By-law Enforcement Officer or a Property Standards Officer appointed by by-law and assigned the responsibility for enforcing and a administering this By-law. 1.30 “Order” means an Order to Comply pursuant to section 15.2 of the Building Code

Act. 1.31 “Owner” includes the person for the time being managing or receiving the rent of

the land or premises in connection with which the word is used whether on his or her own account or as agent or trustee of any other person or who would so receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of the property.

1.32 "Person" means an individual, firm, corporation, association or partnership.

1.33 "Property Standards Officer” shall mean a Property Standards Officer who has been assigned the responsibility of administering and enforcing by-laws passed under Section 15.1 of the Building Code Act.

1.34 “Repair” includes the provision of such facilities and the making of additions or

alterations or the taking of such action as may be required so that the property shall conform with the standards established in this By-Law.

1.35 "Residential Property" means any property that is used or designed for use as

a domestic establishment in which one or more persons usually sleep and prepare and serve meals, and includes any lands or buildings that are appurtenant to such establishment and all stairways, walkways, driveways, parking spaces, and fences associated with the dwelling or its yard.

1.36 “Safe Condition” means a condition that does not pose or constitute an undue

or unreasonable hazard or risk to life, limb or health of any person on or about the property, an includes a structurally sound condition.

1.37 “Shall” in this By-law means is mandatory and not discretionary, words in the

plural include the single number and words in the present tense include the future.

1.38 "Standards" means the standards of the physical condition and of occupancy

prescribed for property by this By-Law. 1.39 “Toilet Room" means a room containing a water closet and a wash basin. 1.40 “Vehicle” includes a motor vehicle, trailer, boat, motorized snow vehicle or other

mechanical power driven equipment.

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1.41 “Waste” means any debris, rubbish, refuse, sewage, effluent, discard or garbage of a type arising from a residence, belonging to or associated with a house or use of a house or residential property and/or from industrial or commercial operations, or belonging to or associated with industry or commerce or industrial or commercial property, which for greater certainty includes all garbage, discarded material or things, broken or dismantled things, and material or things exposed to the elements, deteriorating or decaying on a property due to exposure or the weather.

1.42 "Yard" means the land other than publicly owned land around or appurtenant to

the whole or any part of a residential or non-residential property and used or capable of being used in connection with the property.

PART II GENERAL STANDARDS FOR ALL PROPERTY 2.01 All repairs and maintenance of property shall be carried out with suitable and

sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code, Ontario Fire Code and the Fire Prevention and Protection Act, 1997, where applicable.

YARDS 2.02 Every yard and every vacant lot shall be kept clean and free from: (1) rubbish or debris and objects or conditions that might create a health, fire,

or accident hazard; (2) wrecked, dismantled, discarded or abandoned machinery, inoperative

vehicles, trailers or boats unless it is necessary for the operation of a business enterprise lawfully situated on the property;

(3) Any vehicle, including a trailer, which is in a wrecked, discarded,

dismantled or abandoned condition shall not be parked, stored or left on any property, unless it is necessary for the operation of a business enterprise lawfully situated on the property;

(4) No property shall be used for the parking or storage of: (i) a motor vehicle which is not currently licensed for operation

pursuant to the provisions of the Highway Traffic Act or amendments thereto for the Province of Ontario; or

(ii) a motor vehicle which has had part or all of its superstructure,

running gear or source of motive power removed;

unless it is necessary for the operation of a business enterprise lawfully situated on the property or is contained within a building or approved cover.

(5) lawns, hedges, bushes, and noxious will not be permitted to become

overgrown or unsightly. Specifically, grass and weeds shall not exceed 20.33 cm (8 inches) in height;

(6) dilapidated or collapsed structures or partially constructed structures

which are not currently under construction; (7) injurious insects, termites, rodents, vermin or other pests; and (8) dead, decayed or damaged trees, hedges or other natural growth

(including branches or limbs thereof).

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SURFACE CONDITIONS 2.03 Surface conditions of yards shall be maintained so as: (1) to prevent ponding of storm water; (2) to prevent instability or erosion of soil; (3) to prevent surface water run-off from entering basements; (4) not to exhibit an unsightly appearance; (5) to be kept free of garbage and refuse; (6) to be kept free of deep ruts and holes; (7) to provide for safe passage under normal use and weather conditions, day

or night; and (8) not to create a nuisance to other property. SEWAGE 2.04 Sewage shall be discharged into the sewage system. 2.05 Sewage of any kind shall not be discharged onto the surface of the ground,

whether into a natural or artificial surface drainage system or otherwise. DRAINAGE 2.06 Exterior property areas shall be:

(a) graded and maintained in such a manner as to prevent the excessive or recurrent ponding of storm water thereon; and,

(b) cultivated or protected with a suitable ground cover to prevent erosion of

the soil. 2.07 All catch basins, swales and ditches shall be maintained so as to not impede the

natural flow of water. 2.08 The storm water run-off from all downspouts of impervious surfaces shall be

contained within the limits of the property from which it originates until absorbed by the soil or drained to a storm sewer, or to a natural or artificially-created swale, ditch or watercourse.

PARKING AREAS, WALKS AND DRIVEWAYS 2.09 All areas used for vehicular traffic and parking shall have a surface covering of

asphalt, concrete, or compacted stone or gravel and shall be kept in good repair free of dirt and litter.

2.10 Steps, walks, driveways, parking spaces and other similar areas shall be

maintained so as to afford safe passage under normal use and weather conditions day or night.

ACCESSORY BUILDINGS, AND OTHER STRUCTURES

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2.11 Accessory buildings and other structures appurtenant to the property shall be maintained in structurally sound condition and in good repair.

2.12 Accessory buildings and other structures shall be protected from deterioration by

the application of appropriate weather resistant materials including paint or other suitable preservative and shall be of uniform colour unless the aesthetic characteristics of said structure are enhanced by the lack of such material.

FENCES AND RETAINING WALLS 2.13 Fences shall be maintained in good condition free from loose, insufficiently

secured, rotten, warped or broken materials and free from accident hazards. 2.14 Fences shall be reasonably plumb, unless specifically designed to be other than

vertical. 2.15 Retaining walls shall be safe, structurally sound and plumb, and capable of

performing its intended function. Refer to the Ontario Building Code requirements.

GARBAGE DISPOSAL 2.16 Every building, dwelling, and dwelling unit shall be provided with a sufficient

number of suitable receptacles to contain all garbage, refuse and ashes that may accumulate on the property between the regularly designated collection days. Such receptacles shall be constructed of watertight material, provided with a tight fitting cover, and shall be maintained in a clean and odour free condition at all times.

2.17 All garbage, refuse, and ashes shall be promptly placed in the suitable container

and made available for removal in accordance with the municipal garbage collection by-law, where applicable.

2.18 Garbage storage areas shall be screened from public view. COMPOST HEAPS 2.19 The occupant of a residential property may provide for a compost heap in

accordance with the health regulations, provided that the compost pile is no larger than one square metre and 1.8 metres in height and is enclosed on all sides by concrete block, or lumber, or in a forty-five gallon container, a metal frame building with a concrete floor, or a commercial plastic or wood container designed for composting.

PART III RESIDENTIAL STANDARDS GENERAL CONDITIONS 3.01 Every tenant, or occupant or lessee of a residential property shall maintain the

property or part thereof and the land which they occupy or control, in a clean, sanitary and safe condition and shall dispose of garbage and debris on a regular basis, in accordance with municipal by-laws.

3.02 Every tenant, or occupant or lessee of a residential property shall maintain every

floor, wall, ceiling and fixture, under their control, including corridors, entrances, laundry rooms, utility rooms, and other common areas, in a clean, sanitary and safe condition.

3.03 Accumulations or storage of garbage, refuse, appliances, or furniture in a means

of egress shall not be permitted.

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PEST PREVENTION 3.04 Dwellings shall be kept free of rodents, vermin and insects at all times. Methods

used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act.

3.05 Openings, including windows, that might permit the entry of rodents, insects,

vermin or other pests shall be appropriately screened or sealed. STRUCTURAL SOUNDNESS 3.06 Every part of a dwelling shall be maintained in a structurally sound condition so

as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use, having a level of safety to that as required by the Ontario Building Code.

3.07 Walls, roofs, and other exterior parts of a building shall be free from loose or

improperly secured objects or materials. 3.08 Materials which have been damaged or show evidence of rot or other

deterioration shall be repaired, replaced or repaired. FOUNDATIONS 3.09 Foundation walls of a dwelling shall be maintained so as to prevent the entrance

of insects, rodents and moisture. Maintenance includes the shoring of the walls to prevent settling, installing sub soil drains, when necessary, at the footings, grouting masonry cracks, damp proofing and waterproofing walls, joints, and floors.

3.10 Every dwelling, except for slab on grade construction, shall be supported by

foundation walls or piers which extend below the frost line, or to solid rock. EXTERIOR WALLS 3.11 All exterior walls and surfaces of every building or structure shall be:

(a) sound, plumb and weather tight; (b) free from loose or unsecured objects; (c) maintained in good repair; (d) free from cracked or broken masonry units; (e) free from defective or deteriorated cladding, siding or trim; (f) free from cracked, broken or loose stucco; (g) maintained by the painting, restoring or repairing of the walls, coping or

flashing, by the waterproofing of joints and the wall themselves, by the installation of or repairing of weather tight finishing, or the installation of termite shields, if required.

3.12 All exterior walls that have previously been covered with paint or other protective

or decorative materials shall be maintained in good repair and the covering renewed when it becomes damaged or deteriorated.

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3.13 Appropriate measures shall be taken to remove any graffiti, unsightly markings,

stains or other defacement occurring on an exposed exterior surface and, where feasible to restore the surface as nearly as possible to the original condition.

WINDOWS AND DOORS 3.14 Windows, doors, skylights, and basement or cellar hatchways shall be

maintained in good repair, weather tight and draught-free, to prevent heat loss and infiltration by the elements. Maintenance includes painting, replacing damaged doors, frames and other components, window frames, sashes and casings, replacement of non-serviceable hardware and reglazing where necessary. Where screening is provided on windows and doors it shall also be maintained in good repair.

3.15 In a dwelling unit all windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. At least one entrance door to a dwelling unit shall have suitable hardware so as to permit locking or securing from either inside or outside the dwelling unit.

3.16 Exterior doors shall be provided for all entrances to dwellings and dwelling units.

3.17 In residential buildings where there is a voice communication unit working in

conjunction with a security locking and release system controlling a particular entrance door and installed between individual dwelling units and a secured entrance area, the said system shall be maintained in good working order at all times.

3.18 Every window in a leased or rented dwelling unit that is located above the first

storey of a multiple dwelling shall be equipped with an approved safety device that would prevent any part of the window from opening greater than would permit the passage of a 100 mm diameter (3.9 inches) sphere. Such safety device shall not prevent the window from being fully opened during an emergency situation by an adult without the use of tools.

ROOFS 3.19 Roofs of dwellings and their components shall be maintained in a weathertight

condition, free from loose or unsecured objects or materials. 3.20 The roofs of dwellings and accessory buildings shall be kept clear of

accumulations of ice or snow or both. 3.21 Where eavestroughing, roof gutters, are provided it shall be kept in good repair,

free from obstructions and properly secured to the building. WALLS, CEILINGS AND FLOORS 3.22 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a

continuous surface free of holes, cracks, loose coverings or other defects. Walls surrounding showers and bathtubs shall be impervious to water.

3.23 Every floor in a dwelling shall be reasonably smooth and level and maintained so

as to be free of all loose, warped, protruding, broken, or rotted boards or other material that might cause an accident or allow the entrance of rodents and other vermin or insects.

3.24 Every floor in a bathroom, toilet room, kitchen, shower room, laundry room and

kitchen shall be maintained so as to be impervious to water and readily cleaned.

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STAIRS PORCHES AND BALCONIES 3.25 Inside and outside stairs, porches, balconies and landings shall be maintained so

as to be free of holes, cracks, and other defects which may constitute accident hazards. Existing stair treads or risers that show excessive wear or are broken, warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced.

GUARDRAILS 3.26 A guard rail shall be installed and maintained in good repair on the open side of

any stairway or ramp containing three (3) or more risers including the landing or where there is a difference in elevation of 600 mm (24") between adjacent levels. A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, porches, and balconies. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature.

KITCHENS 3.27 Every dwelling shall contain a kitchen area equipped with: (a) a sink that is served with hot and cold running water and is surrounded by

surfaces impervious to grease and water; (b) suitable storage area of not less than 0.23 cubic metres (8 cubic feet); (c) a counter or work area at least 0.61 m (2 ft.) in width by 1.22 m (4 ft.) in

length, exclusive of the sink, and covered with a material that is imperious to moisture and grease and is easily cleanable; and

(d) a space provided for cooking and refrigeration appliances including the

suitable electrical or gas connections. TOILET AND BATHROOM FACILITIES 3.28 Every dwelling unit shall contain a bathroom consisting of at least one fully

operational water closet or a drainless composting toilet, wash basin, and a bathtub or suitable shower unit. Every wash basin and bathtub or shower shall have an adequate supply of hot and cold running water. Every water closet shall have a suitable supply of running water.

3.29 Every required bathroom or toilet room shall be accessible from within and the

ability to being locked so as to allow privacy for the persons using said room. 3.30 Where toilet or bathroom facilities are shared by occupants of residential

accommodation, other than self-contained dwelling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms containing the said facilities.

PLUMBING 3.31 Each wash basin, bathtub or shower and kitchen sink shall be equipped with an

adequate supply of hot and cold running water. Hot water shall be supplied at a temperature of not less than 45 degrees Celsius (113 degrees Fahrenheit), and shall not exceed 49 degrees Celsius (120.2 degrees Fahrenheit)

3.32 Every dwelling unit shall be provided with an adequate supply of potable running

water from a source approved by the Medical Officer of Health.

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3.33 All plumbing, including drains, water supply pipes, water closets and other

plumbing fixtures shall be maintained in good working condition free of leaks and defects and all water pipes and appurtenances there to shall be protected from freezing.

3.34 All plumbing fixtures shall be connected to the sewage system through water

seal traps. 3.35 Every fixture shall be of such materials, construction and design as will ensure

that the exposed surface of all parts are hard, smooth, impervious to hot and cold water, readily accessible for cleansing and free from blemishes, cracks, stains, or other defect that may harbour germs or impede thorough cleansing.

ELECTRICAL SERVICE 3.36 Every dwelling and dwelling unit shall be wired for electricity and shall be

connected to an approved electrical supply system. 3.37 The electrical wiring, fixtures, switches, receptacles, and appliances located or

used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock hazards. All electrical services shall conform to the regulations established by the Power Corporations Act, as amended.

3.38 Every habitable room in a dwelling shall have at least one electrical duplex outlet

for each 11.1 square metre (120 sq. ft.) of floor space and for each additional 9.3 square metres (100 sq. ft.) of floor area a second duplex outlet shall be provided. Extension cords shall not be used on a permanent basis.

3.39 Every bathroom, toilet room, kitchen, laundry room, furnace room, basement

cellar and non-habitable work or storage room shall be provided with a permanent light fixture.

3.40 Lighting fixtures and appliances installed throughout a residential building,

including dwelling units, stairways, hallway corridors, passageways, garages and basements, shall provide sufficient illumination so as to avoid health or accident hazards in normal use.

HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS 3.41 Every dwelling and building containing a residential dwelling unit shall be

provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius (70 degrees F.) in the occupied dwelling units. The heating system shall be maintained in good working condition so as to be capable of safely heating the individual dwelling units to the required standard.

3.42 All fuel burning appliances, equipment, and accessories in a dwelling shall be

installed and maintained to the standards provided by the Energy Act, as amended or other applicable legislation.

3.43 Where a heating system or part thereof that requires solid or liquid fuel to operate

a place or receptacle for such fuel shall be provided and maintained in a safe condition and in a convenient location so as to be free from fire or accident hazard.

3.44 Every dwelling shall be so constructed or otherwise separated to prevent the

passage of smoke, fumes, and gases from that part of the dwelling which is not used, designed or intended to be used for human habitation into other parts of the dwelling used for habitation. Such separations shall conform to the Ontario Building Code.

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3.45 All fuel burning appliances, equipment, and accessories in a dwelling shall be

properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method.

3.46 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in

good repair so as to prevent the escape of smoke, fumes or gases from entering a dwelling unit. Maintenance includes the removal of all obstructions, sealing open joints, and the repair of loose or broken masonry units.

3.47 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in

good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures.

FIRE ESCAPES, ALARMS AND DETECTORS 3.48 A listed fire alarm and a fire detection system, approved by the Canadian

Standards Association or Underwriters Laboratories of Canada, shall be provided by the owners of buildings of residential occupancies where sleeping accommodations are provided for more than ten persons, except that such systems need not be provided where a public corridor or exit serves not more than four dwelling units or individual leased sleeping rooms.

3.49 In addition to the provisions of Article 3.47 hereof, in every dwelling unit in a

building, a listed smoke alarm, approved by the Canadian Standards Association or Underwriters Laboratories of Canada, or detectors of the single station alarm type, audible within bedrooms when intervening doors are closed, shall be installed by the occupant between bedrooms or the sleeping area and the remainder of the dwelling unit, such as in a hallway or corridor serving such bedrooms or sleeping area. The products of combustion detector referred to shall be;

(a) be equipped with visual or audio indication that they are in operating

condition;

(b) be mounted on the ceiling or on the wall between 152.4 and 304.8 mm (6 to 12 inches) below the ceiling.

3.50 Buildings using a fire escape as a secondary means of egress shall have the

escape in good condition, free from obstructions and easily reached through an openable window or door.

EGRESS 3.51 Every dwelling and each dwelling unit contained therein shall have a safe,

continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street or grade level.

3.52 Each dwelling containing more than one dwelling unit shall have at least two

exits, both of which may be common or the one of which may be common and the other may be an exterior stair or fire escape. Access to the stairs or fire escape shall be from corridors through doors at floor level, except access from a dwelling unit may be through a vertically mounted casement window having an unobstructed opening of not less than 1,067 by 559 mm, (42 x 22 inches) with a sill height of not more than 1000 mm, (39 3/8 inches), above the inside floor. A single exit is permitted from a dwelling unit where the means of egress is through an exterior door located at or near ground level and access to such exit is not through a room not under the immediate control of the occupants of the dwelling unit.

NATURAL LIGHT

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3.53 Every habitable room except a kitchen, bathroom or toilet room shall have a

window or windows, skylights or translucent panels facing directly or indirectly to an outside space and admits as much natural light equal to not less than ten percent of the floor area for living and dining rooms and five percent of the floor area for bedrooms and other finished rooms.

VENTILATION 3.54 Every habitable room shall have an opening or openings for natural ventilation

and such openings shall have an adequate aggregate unobstructed free flow area.

3.55 An opening for natural ventilation may be omitted from a kitchen, living room or

living/dining-room if mechanical ventilation is provided, which changes the air once each hour.

3.56 Every bathroom or toilet room shall be provided with an opening or openings for

natural ventilation, or a system of mechanical ventilation which operates on a switch and vents to the outside air.

3.57 Every basement and unheated crawl space shall be adequately vented to the

outside air. ELEVATING DEVICES 3.58 Elevators and other elevating devices including all mechanical and electrical

equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency communication systems shall be operational and maintained in good condition.

DISCONNECTED UTILITIES 3.59 Owners of residential buildings or any person or persons acting on behalf of such

owner shall not disconnect or cause to be disconnected any service or utility supplying heat, electricity, gas, refrigeration or water to any residential unit or building occupied by a tenant or lessee, except for such reasonable period of time as may be necessary for the purpose of repairing, replacing, or otherwise altering said service or utility.

OCCUPANCY STANDARDS 3.60 The number of occupants, residing on a permanent basis in an individual

dwelling unit, shall not exceed the habitable floor area as prescribed in the Ontario Building Code.

3.61 No room shall be used for sleeping purposes unless it has a minimum width of

two metres (6.6 ft.) and a floor area of at least seven square metres (75 sq. ft). A room used for sleeping purposes by two or more persons shall have a floor area of at least four square metres (43 sq. ft.) per person, or as prescribed in the Ontario Building Code.

3.62 Any basement or portion thereof, used as a dwelling unit shall conform to the

following requirements: (a) each habitable room shall comply with all the requirements set out in this

By-law; (b) floors and walls shall be constructed so as to be damp proof and

impervious to water leakage;

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(c) each habitable room shall be separated from service rooms by a suitable

fire separation and approved under the Ontario Building Code; and, (d) access to each habitable room shall be gained without passage through a

service room. PART IV VACANT LANDS AND BUILDINGS 4.01 All repairs and maintenance of property shall be carried out with suitable and

sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable.

VACANT LANDS 4.02 Vacant land shall be maintained to the standards as described in Part II Article

2.02 of this By-law. 4.03 Vacant land shall be graded, filled or otherwise drained so as to prevent

recurrent ponding of water.

VACANT BUILDINGS 4.04 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and

shall have all water, electrical and gas services turned off except for those services that are required for the security and maintenance of the property.

4.05 The owner of a vacant building shall board up the building to the satisfaction of

the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood painted a colour compatible with the surrounding walls and securely fastened.

PART V NON-RESIDENTIAL PROPERTY STANDARDS 5.01 All repairs and maintenance of property shall be carried out with suitable and

sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable.

YARDS 5.02 The yards of non-residential property shall be maintained to the standards as

described in Part II Article 2.02 of this By-law. 5.03 The warehousing or storage of material or operative equipment that is required

for the continuing operation of the industrial or commercial aspect of the property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard or any unsightly condition and shall provide unobstructed access for emergency vehicles. Where conditions are such that a neat and orderly fashion is achieved but is still offensive to view, the offensive area shall be suitably enclosed by a solid wall or a painted board or metal fence not less than 1.8 metres (6 ft.) in height and maintained in good repair.

PARKING AREAS AND DRIVEWAYS

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5.04 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete, or compacted stone or gravel and shall be kept in good repair free of dirt and litter. Notwithstanding the foregoing, non-residential properties which abut residential properties, all areas used for vehicular traffic and parking shall have a surface covering of asphalt or similar hard surface or gravel and dust from the gravel surfaces shall be applied with dust retardants.

5.05 All areas used for vehicular traffic, parking spaces and other similar areas shall

be maintained so as to afford safe passage under normal use and weather conditions.

STRUCTURAL SOUNDNESS 5.06 Every part of a building structure shall be maintained in a sound condition so as

to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use, having a level of safety required by the Ontario Building Code. Structural members or materials that have been damaged or indicate evidence of deterioration shall be repaired or replaced.

5.07 Walls, roofs, and other exterior parts of a building or structure shall be free from

loose or improperly secured objects or materials. EXTERIOR WALLS 5.08 Exterior walls of a building or a structure and their components, including soffits,

fascia, window and doors, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco, and other defective cladding, or trim. Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage.

5.09 Exterior walls of a building or a structure and their components shall be free of

inappropriate signs, painted slogans, graffiti and similar defacements. GUARDRAILS 5.10 A guard shall be installed and maintained in good repair on the open side of any

stairway or ramp containing three (3) or more risers including the landing or where there is a difference in elevation of 600 mm (24") between adjacent levels. Guardrails shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, mezzanines and similar areas. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature.

LIGHTING 5.11 All non-residential establishments shall install and maintain sufficient windows,

skylights, and lighting fixtures necessary for the safety of all persons attending the premises or as may be required by the Occupational Health and Safety Act for industrial and commercial properties. However lighting shall not be positioned so as to cause any impairment of use or enjoyment of neighbouring properties.

PART VI ADMINISTRATION AND ENFORCEMENT 6.01 This By-Law shall apply to all property within the limits of the Municipality. 6.02 The imperial measurements contained in this By-Law are given for reference

only.

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ORDERS

6.03 No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer in the exercise of a power or the performance of a duty under the By-law. 6.04 The Order shall be served on the owner of the property and such other persons

affected by it as the Officer determines and a copy of the Order may be posted on the property in a location visible to the public.

6.05 No person shall obstruct the visibility of an Order and no person shall remove a copy of any Order posted under this By-law unless authorized to do so by an Officer.

6.06 An Order required by this By-law to be served may be served personally, by email to the last known email address of the person to whom service is required to be made or by registered mail sent to the last known address of the person to whom notice is to be given or to that person’s agent for service.

APPEAL OF ORDER 6.07 An owner or occupant who has been served with an Order made under

subsection 15.2(2) of the Building Code Act and who is not satisfied with the terms or conditions of the Order may appeal to the Committee by sending a notice of appeal by registered mail to the secretary of the committee within 14 days after being served with the Order.

6.8 Every Order shall be deemed confirmed where an appeal has not been filed

within the prescribed period. 6.9 Every person to whom an Order is issued shall, where the Order has been

confirmed, comply with the requirements and/or conditions of the Order by the prescribed date.

6.10 Failure to comply with the requirements of an Order shall constitute an offence

pursuant to section 36 of the Building Code Act. 6.11 Where an owner fails to comply with the conditions of an Order within the

prescribed time period, the Municipality and its agents may enter upon the property and take the actions necessary for compliance with the Order.

6.12 All costs incurred by the Municipality under clause 6.13 may be recovered as

taxes upon the property. OFFICERS 6.13 The Council of the Municipality shall appoint Property Standards Officer(s)

responsible for the administration and enforcement of this By-law. PROPERTY STANDARDS COMMITTEE 6.15 There shall be, and is hereby established, a Property Standards Committee

consisting of five (5) members, who shall be ratepayers in the Municipality, appointed by by-law of the Council of the Municipality to hold office for the term established by Council.

6.18 Each member of the Property Standards Committee, appointed by Council, shall be entitled to an honorarium of $50.00 per meeting for their attendance at

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Committee meetings, except if held in conjunction with other Committee meetings. 6.17 Each person who initiates an appeal of an Order made under Section 15.2(2) of

the Building Code Act shall submit a Notice of Appeal in the time frame and the manner as prescribed in section 15.3(1) of the Building Code Act.

6.18 The Council of the Municipality shall fill any vacancy that occurs in the

membership of the Committee as soon as possible. 6.19 The members shall elect a Chair from among themselves; when the Chair is

absent through illness or otherwise, the Committee may appoint another member as Acting Chair.

6.20 A majority of the members constitutes a quorum for transacting the Committee’s

business. 6.21 The members shall provide for a secretary for the Committee. 6.22 The secretary shall keep on file records of all official business of the Committee,

including records of all applications and minutes of all decisions respecting those applications, and section 253 of the Municipal Act, 2001 applies with necessary modifications to the minutes and records.

6.23 The Committee shall, subject to subsection 15.6(8) of the Building Code Act

adopt Council’s policies and procedures for its operation and any member may administer oaths.

6.24 The Committee shall give notice or direct that notice be given of the hearing of an

appeal to such person as the Committee considers advisable. COMPLIANCE 6.25 The owner of any property which does not conform to the standards as set out in

this By-law shall repair and/or maintain said property to comply with the standards or the property shall be cleared of all buildings, structures, debris or refuse and left in a levelled and graded condition.

6.26 Where any owner or occupant fails to comply with an Order made under the

Building Code Act, the Municipality may cause the required work to be done including any necessary removal of waste or vehicles at the cost of the owner or occupant to whom the Order is directed.

6.27 The Municipality intends to recover the cost of undertaking the work under

section 6.27 of this By-law by collecting such costs in the same manner as property taxes and such actual costs will include any administration fees.

PENALTY 6.29 An owner or occupant who fails to comply with any provision of this By-law is

guilty of an offence. VALIDITY 6.30 If an article of this By-law is for any reason held by a Court of Law or other

Administrative Tribunal to be invalid, the remaining articles shall remain in effect until repealed.

6.31 Where a provision of this By-law conflicts with the provision of another by-law in

force within the Municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.

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TRANSITIONAL RULES 6.32 After the date of the passing this By-law, By-Law No. 31-ZB-1999, as amended

shall apply only to those properties in which an Order to Comply has been issued prior to the date of passing of this By-law, and then only to such properties until such time as the work required by such Order has been completed or any enforcement proceedings with respect to such Order, including any demolition, clearance, or repair carried out by the Municipality shall have been concluded.

TITLE 6.33 This By-Law may be referred to as "The Property Standards By-Law". REPEALS 6.34 By-Law No. 72-2009 as amended is hereby repealed. 6.35 This By-Law comes into force on the date of passing. READ A FIRST AND SECOND TIME this day of , 2020 READ A THIRD TIME AND FINALLY PASSED this day of ,2020.

________________________________ MAYOR, Todd Kasenberg

_________________________________ CLERK, Patricia Berfelz

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MUNICIPALITY OF NORTH PERTH BY-LAW NO. 40-2020

Part 1 Provincial Offences Act Schedule of Fines

ITEM COLUMN 1 Short Form Wording

COLUMN 2 Provision creating or

defining offence

COLUMN 3 Set Fine

1 Fail to maintain land free from rubbish or debris 2.02(1) $300.00

2 Fail to maintain land free from wrecked/dismantled/or abandoned machinery, vehicles, trailers or boats 2.02(2) $300.00

3 Fail to maintain land free from overgrown and unsightly lawns, hedges and bushes, specifically, grass and weeds which exceed 20.33 cm (8 inches) in height

2.02(5) $150.00

4 Fail to maintain land free from dilapidated/collapsed structure or partially constructed structures not currently under construction

2.02(6) $300.00

5 Fail to maintain land free from injurious insects/termites/rodents/vermin or other pests 2.02(7) $250.00

6 Fail to maintain land free from dead/decayed or damaged trees or other natural growth 2.02(8) $250.00

7. Fail to maintain drainage standard 2.07 & 208 $250.00

8. Fail to maintain structural components standard 5.06 $500.00

9. Fail to maintain residential tenancy standard 3.01 or 3.02 $300.00

10. Fail to maintain occupancy standard 3.60, 3.61 or 3.62 (a-

d) $250.00

11. Fail to maintain unoccupied building standard 4.04 or 4.05 $250.00

12. Obstruct, hinder or otherwise interfere with an Officer 6.03 $250.00

13. Fail to comply with a Property Standards Order 6.04 $250.00

14. Obstruct visibility of an Order-No authorization 6.05 $250.00

15. Remove posted Order – No authorization 6.05 $250.00

“Note the general penalty provision for the offences listed above is section _____ of Bylaw 40-2020, a certified copy of which has been filed and section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended”

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COUNCIL REPORT - Steve Kerr Memorial Complex Generator Tender Page 1


COUNCIL REPORT

From: Amy Gangl, Interim Manager of Recreation Date: Monday, May-25-20 Subject: Steve Kerr Memorial Complex Generator Tender

Background: As part of the COVID-19 strategy, the municipality proceeded with the tender for the Steve Kerr Memorial Complex generator.

Tender NP-006-20T Steve Kerr Memorial Complex Generator was provided to bidders and opened under Bids and Tenders on May 15, 2020. Prices quoted excludes HST:

J.E. GABEL ELECTRIC, PLUMBING & HEATING LTD. $243,365.00

Integral Electrical Solutions Inc $244,119.50

Yake Electric Limited $262,600.00

ComTrade Electrical Contractors $273,824.00

D & D Electric Ltd $287,000.00

Sutherland Schultz Ltd $299,816.82

ALLTRADE INDUSTRIAL CONTRACTORS INC. $299,836.00

Harold Stecho Electric $301,900.00

Texo Terra Contractig Ltd $303,041.23

Supply Point Inc. $306,750.00

Arcadian Projects $309,167.00

JTS Mechanical Systems Inc. $313,889.00

Roberts Onsite Inc $313,900.00

Montgomery Industrial Services $317,924.00

Ferguson Electric Company Ltd $318,700.00

ICHOR Industrial Inc. $462,830.00

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COUNCIL REPORT - Steve Kerr Memorial Complex Generator Tender Page 2


Comments: Engineers from DEI Associates were consulted as part of the tendering process. Financial Implications: (Include amounts and funding source)

Three of the submitted tenders were within budget amounts. Recommendation: THAT: The Council of the Municipality of North Perth award tender NP-006-20T Steve Kerr Memorial Complex Generator to the low bidder, J.E. Gabel Electric, Plumbing & Heating Ltd. in the amount of $243,365.00 excluding HST. Reference Material Attached: None. Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Amy Gangl, Interim Manager of Recreation Reviewed by: Kriss Snell, CAO Monday, May-25-20

Amy Gangl, Interim Manager of Recreation

41

COUNCIL REPORT - Community of Character Update Page 1


COUNCIL REPORT

From: Amy Gangl, Interim Manager of Recreation Date: Monday, May-25-20 Subject: Community of Character Update

Background: On May 11, 2020, The Council of the Municipality of North Perth directed staff to prepare a report regarding an update on the Municipality’s role in the operations and financial services provided to the Community of Character (CoC). On May 12, 2020, staff consulted with the Community of Character Coordinator on council’s request and gathered details for the report. The 2019-2022 Municipality of North Perth Strategic plan highlights that North Perth is a responsible, safe and family-oriented community of character. North Perth Businesses or Organizations of Character make a formal commitment to working with Character by:

Embracing people from all races, cultures, life experiences and abilities.

Believe this to be important because our community will be enriched by the full participation of all people in all aspects of life.

Continue working to change attitudes, enhance policies and change behaviour.

Encourage all to work, play and live with character. Always. The North Perth Community of Character focuses on 11 different character traits -Honesty, Empathy, Fairness, Integrity, Perseverance, Courage, Compassion, Optimism, Respect, Responsibility and Inclusion - that help to build a strong, vibrant community. These traits are also recognized in local schools with curriculum that supports the traits during the same time frames - we're better when we work together! Comments: North Perth Community of Character’s perseverance has been tested during this time. But they are optimistic they will achieve charitable status.

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CoC does have an Ontario Business Number and is registered as a Not-for-Profit Organization in Ontario (Letters Patent dated July 28, 2017). CoC relies on the Municipality of North Perth to accept money coming into the organization, pay any bills, and hold reserves. As well, the municipality issues tax receipts for donations as the CoC does not currently have Charitable Status with CRA and therefore cannot issue tax receipts. The ability to issue tax receipts is seen by the Character Council as key to the ongoing success of the organization. People are more likely to donate if they can receive a tax advantage for doing so. Offering charitable receipts is seen as a measure of trustworthiness as people recognize the scrutiny of CRA. Upon receipt of the Letters Patent in 2017, an Application to Register a Charity under the Income Tax Act was filed with Canada Revenue Agency (CRA) by a legal representative on behalf of the Community of Character. Due to lack of response by that legal representative, CRA flagged the application as abandoned in November of 2018 but the CoC did not receive notice of this. This was brought to our attention in September 2019 when the CoC Co-ordinator contacted CRA directly to inquire about the status of the Application. Upon the advice of the CRA representative, the application was re-filed using the recently adopted online process (submission was made on October 7, 2019) and is currently being reviewed by CRA. The application completed initial review and was assigned to a CRA Representative in the Determinations Department however, this department is not currently working due to COVID-19 (not deemed an essential service) and the file has not been opened since March 3/20. The Determinations Department is in the process of setting up representatives to work from home as of mid May. They will be reviewing all applications but are prioritizing any organizations specifically dealing with COVID-19 support. The Community of Character helps the North Perth maintain their mission of being a responsible, safe and family-oriented community of character by working pro-actively to educate and encourage residents to live with good character. They do this in many ways:

Initiated a series of sessions with local youth to get them more involved in the community and increasing their sense of belonging and ownership

Host school workshops to educate and encourage the embodiment of character traits in our every day lives. This school year was a Karate Workshop featuring Respect.

Hosted a ‘Return on Investment Character Workshop’ for businesses sharing research showing that business leaders who exhibit positive character traits have more profitable businesses.

Shared resources for businesses and organizations of character

Character Trait messaging on social media to the community

CoC Policy development in preparation for when become independent

Annual Character Run. They are hosting a Virtual Character Run this year to give residents a chance to participate in a community event and build a sense of

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pride in our community (271 registrations as of May 13 with sponsorship levels similar to past years)

When our Character Council members spot someone exhibiting the Character Trait of the month (for example, a student encouraging another student to join in a game at recess), they reward that behaviour with a "Gotcha Card". Supports local businesses and positive reinforcement of demonstrating good character.

Promote kindness by spearheading events and activities as part of Random Act of Kindness Day.

Developed a communications plan to offer suggestions of how parents and residents can adjust the traditional Halloween experience to make it more enjoyable for everyone.

Have been part of the discussions around the United Way's Community Hub development


CoC accounts are kept separate from the other Municipal accounts. Reserves get transferred to the following year, after the audit process is complete. The Municipality of North Perth’s operational and financial services provided to the North Perth Community of Character include processing invoices/payroll (3 hrs/year), accepting donations (1hr/year) and attending meetings/monitoring finances (9 hrs/year). Community of Character coordinator wages are funded by the CoC account. The funds raised each year helps pay for this as well as expenditures for North Perth Community of Character initiatives listed above. The CoC purchase their own liability insurance to cover their meetings and events (Character Run and Spaghetti Dinner for Character Week). Recommendation: THAT: The Council of the Municipality of North Perth receives this report for information. Reference Material Attached: None. Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Amy Gangl, Interim Manager of Recreation Reviewed by: Kriss Snell, CAO Wednesday, May-20-20

Amy Gangl, Interim Manager of Recreation

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45

COUNCIL REPORT - Hanna Municipal Drain-Upstream Portion

Page 1


COUNCIL REPORT

From: Leanne Marks, Accounts Receivable & Cash Analyst Date: Monday, May-25-20 Subject: Hanna Municipal Drain-Upstream Portion

Background: Maintenance on the Hanna Municipal Drain – upstream portion has been completed. Comments: A by-law is required to authorize maintenance and repair of a municipal drain under the provisions of Section 74 of the Drain Act which requires a Municipality to maintain any drain constructed under the Drainage Act or any predecessor of the Act at the expense of the upstream lands and roads as set out in the last applicable by-law. Financial Implications: (Include amounts and funding source)

The total cost of the repair for the Hanna Municipal Drain-upstream portion is $6,878.98 of which $167.78 was assessed to the Municipality of North Perth roads. All costs will be assessed to the affected landowners. Recommendation: THAT: The Council of the Municipality of North Perth pass By-Law No. 69-2020, being a by-law to authorize the Maintenance and Repair of the Hanna Municipal Drain - upstream portion be introduced, read and considered read a first, second and third time and be finally passed and that the said by-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation. Reference Material Attached: By-Law 69-2020 (Schedule A)

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COUNCIL REPORT - Hanna Municipal Drain-Upstream Portion

Page 2


Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Leanne Marks, Accounts Receivable & Cash Analyst Reviewed by: Kriss Snell, CAO Click here to enter a date.

Leanne Marks, Accounts Receivable & Cash Analyst

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COUNCIL REPORT - Federation of Municipalities (FCM) Grant Application

Page 1


COUNCIL REPORT

From: Becky Belfour, Deputy-Treasurer/Asset Management Specialist & Lyndon Kowch, Director of Operations Date: Monday, May-25-20 Subject: Federation of Municipalities (FCM) Grant Application

Background: The Municipal Asset Management Program (MAMP) is a five-year, $50-million program funded by Infrastructure Canada to support Canadian municipalities and communities in making informed infrastructure investment decisions based on improved asset management practices. The program offers grant funding to support capacity building activities and to increase skills within municipalities and local governments to sustainably maintain their asset management programs now and in the future. This program is offered by the Federation of Canadian Municipalities (FCM). The maximum MAMP contribution is $50,000. The contribution shall not be more than 80% of the eligible project costs and can combine more than one project. We would like to apply for the MCMP funding to take the next step in the implementation of the asset management plan for the Municipality of North Perth. Comments: This project addresses Section 5.0 of the Strategic Asset Management Policy by reviewing and establishing condition assessment programs and annual state of the local infrastructure. Annual maintenance cost and capital planning is tied to the long-term financial strategy implemented by council and the purchase and implementation of this software will allow for staff to evaluate and plan for future roads maintenance/capital costs to be incorporated into this strategy. The project includes: Roads Assessment software which provides an automated Road Assessment Service. The data collection is completed with a vehicle that records an optical 3D camera view of the roadway surface (assessing distresses such as bumps and cracks and their extent and severity), while a 360-degree camera captures an imagine of the road network right away. The system uses global positioning system (GPS) that can be integrated with any mapping currently utilize by the municipality. The data generates a Pavement Condition Index (PCI) which, in combination with other variables (road classification, deterioration curves, local repair costs), generates a customized road repair prioritization. The web-based software allows the user to run reports for different forecasting scenarios for maintenance and capital planning.

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COUNCIL REPORT - Federation of Municipalities (FCM) Grant Application

Page 2


Gravel road assessment will be done by a student. This provides the municipality with an updated road condition rating at the same time confirming asset data matches current citywide condition rating and geographic Information System (GIS) data. During this process, a roads condition application will be generated for the collection of the data required to confirm special recognition and constituted condition information. Financial Implications: (Include amounts and funding source)

The estimated cost to conduct the work for roadways is $49,332.00 with grant funding of 80% FCM resulting in a net cost of $9,866.00 to the Municipality. This will be funded from the Asset Management Plan – Next Steps Project in the Finance Capital Budget. Recommendation: That: The Council of the Municipality of North Perth approves the application to the Federation of Canadian Municipalities’ Municipal Asset Management Program to advance asset management program by: • Vehicle based automated data collection for roads and cart based collection for

sidewalks • Road assessment data processing • Pavement Management Software utilizing a GIS based software analytics

platform; • Gravel road condition assessment and indexing • GIS related programing/design work for ArcGIS For an estimated cost of $49,332.00. AND Be it further resolved that The Municipality of North Perth commits up to $9,866.00, as per the 2020 Finance Departments Project Budget, towards the costs of this initiative. Reference Material Attached: Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Becky Belfour, Deputy-Treasurer/Asset Management Specialist & Lyndon Kowch, Director of Operations Reviewed by: Kriss Snell, CAO Thursday, May-21-20

Becky Belfour, Deputy-Treasurer/Asset Management Specialist & Lyndon Kowch, Director of Operations

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COUNCIL REPORT - Green Municipal Drain Page 1


COUNCIL REPORT

From: Scott Richardson, Drainage Superintendent Date: Monday, May-25-20 Subject: Green Municipal Drain

Background: The purpose of the report is for Council to consider a Section 78 under the Drainage Act on the Green Municipal Drain, Elma Ward. The drain begins on Lot 2, Con. 5 and outlets into the Hamilton Drain on Lot 5 Con 1. The Green Drain was built in 1968 under the report prepared by James Howes OLS and was adopted under Bylaw 970. The current state of the drain is in satisfactory condition and is working. However, capacity is the issue, the drain is very undersized by todays standards and will not move water quickly enough for the intensive tile drains that are installed on farmlands today. Ponding in the downstream area is overwhelming enough to cause basement flooding and I believe we can mitigate this problem by upsizing the Green Drain. Comments: The request for the improvement/outlet of the Green Municipal Drain, as per Section 78 of the Drainage Act, was received on April 29th, 2020 and is for upsizing the existing Green Drain, adding catch basins where required. There is a possibility of two municipal road crossings involved with this project. Recommendation: THAT: The Council of the Municipality of North Perth, in accordance with Section 78 of the Drainage Act, proceed with the request for improvement of the Green Municipal Drain. Reference Material Attached: Green Municipal Drain Map Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan.

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COUNCIL REPORT - Green Municipal Drain Page 2


Report Prepared by: Scott Richardson, Drainage Superintendent Reviewed by: Kriss Snell, CAO Thursday, May-21-20

Scott Richardson, Drainage Superintendent

54

COUNCIL REPORT - Award of Pavement Condition Index 2020 Page 1


COUNCIL REPORT

From: Lyndon Kowch, Manager of Public Works, Becky Belfour, Deputy-Treasurer/Asset Management Specialist Date: Monday, May-25-20 Subject: Award of Pavement Condition Index 2020

Background: As required under the North Perth Asset Management Program (AMP) the condition of all assets must be assessed and used for planning infrastructure maintenance and replacement programs. The condition assessment for asphalt roads in North Perth needs to be updated and entered into the new AMP. A parallel report outlining the related Federation of Canadian Municipality (FCM) funding is also being brought to Council for their understanding and approval. The award of work outlined in this report is the majority of work outlined in the FCM funding report. Comments: StreetScan and Streetlogix offer unique products that utilize a web-based drive-through system of full data collection of related capital planning software for Asphalt road management. They have provided these assessment surveys for numerous Ontario Municipalities including West and East Perth and Middlesex County. The advantage of this technology is that the assessments are primarily based on digital imagery of surface conditions and deficiencies. It is a data-based review and also provides a method of entering the data into a planning tool. The management tool is Streetlogix and it will enable North Perth to forecast the capital road program based on the current analysis. The value added component of this product is that it provides a detailed 360 degree view of the road allowance infrastructure. This imagery can be further analyzed and brought into our GIS system. Other assets that can be inspected include, sidewalk, signage, road markings, trees and other assets, all tied into the GIS system. North Perth has utilized similar products in the past. Imagery of the road allowance has been provided by previous vendors, pavement indexes have also been provided. No products have combined these surveys into a comprehensive diagnostic software and analysis of deficiencies.

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A proposal for the mentioned analysis and management tool were received for the following tasks:

Pavement Assessment and Management: $31,957

Annual Software License and Implementation: $5,000 + $1,500 = $6,500

Pavement Image Viewer: $875 Total Costs: $39,332 As outlined in the parallel Report, it is anticipated that an 80% funding of these expenses will be received through the FCM, as well as other related costs. Also outlined is the unique nature of the data gathering, management software and imagery. As there are no other vendors providing this product it, is recommended that this purchase be considered under Section 9 a) and c). of Bylaw 100-13 (Procurement) as a single source purchase. The products are compatible with our current financial and GIS systems and have an absence of competition for reasons mentioned. It should also be understood that although application is being made for the funding, this assessment work is necessary and will be conducted regardless of funding being received. Recommendation: THAT: The Council of the Municipality of North Perth enter into an agreement with Streetscan Canada ULC for the amount of $39,332.00 exclusive of all applicable taxes, for the provision of pavement assessment work and road management software as proposed. Reference Material Attached: Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Lyndon Kowch, Manager of Public Works, Becky Belfour, Deputy-Treasurer/Asset Management Specialist Reviewed by: Kriss Snell, CAO Thursday, May-21-20

Lyndon Kowch, Manager of Public Works, Becky Belfour, Deputy-Treasurer/Asset Management Specialist

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58


BY-LAW NO. 74-2020

A BY-LAW TO AMEND BY-LAW 161-2018 WHICH APPOINTS

PERSONS, INCLUDING COUNCIL MEMBERS TO VARIOUS

BOARDS, COMMITTEES AND ASSOCIATIONS

THEREFORE the Council of the Municipality of North Perth enacts as

follows:

THAT:

1) Schedule “A” of By-law 161-2018 be amended as follows:

BUSINESS IMPROVEMENT ASSOCIATION

Remove: Darren Penny Term Expires November 30th, 2022

PROPERTY STANDARDS COMMITTEE

Remove: Pat Graham Term Expires November 30th, 2022 Add: Elizabeth Golden Term Expires November 30th, 2022

PERTH ADULT LIFE CARE RESIDENCES COMMITTEE

Remove: Term Expires November 30th. 2022 Nancy Hollinger Add: Diana Turney Term Expires November 30th, 2022

2) This By-law shall come into force and takes effect on the date of its

final passing.

READ a first and second time this 25th day of May, 2020.

READ a third and final time and passed this 25th day of May 2020.

MAYOR TODD KASENBERG

CLERK PATRICIA BERFELZ

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SCHEDULE ‘A’

NAME TERM EXPIRES

ELMA-LOGAN ARENA PARK COMMITTEE Allan Rothwell Council November 30th, 2022 David Ludington November 30th, 2022 Dean Trentowsky (West Perth Representative) November 30th, 2022 Nathan Marshall (West Perth Representative) November 30th, 2022

NORTH PERTH RECREATION ADVISORY COMMITTEE Allan Rothwell Council November 30th, 2022 Neil Anstett Council November 30th, 2022 Trent Bowman November 30th, 2022 Larry Gordon November 30th, 2022 Jerry Rozendal November 30th, 2022 Meaghan Graham November 30th, 2022 David Ludington November 30th, 2022 Matthew Schlauch November 30th, 2022 Kathy Gebhardt November 30th, 2022

NORTH PERTH LIBRARY BOARD

Lee Anne Andriessen Council November 30th, 2022 Matt Richardson Council November 30th, 2022 Bernice Weber Passchier November 30th, 2022 Becky Beuerman November 30th, 2022 John McLeod ` November 30th, 2022 Shirley Lynch November 30th, 2022 Terrance Ritchie November 30th, 2022

NORTH PERTH COMMITTEE OF ADJUSTMENT

Brad Gibson November 30th, 2022 Bob McLean November 30th, 2022 Bruce Wilken November 30th, 2022 Don Rea November 30th, 2022 Bill Gregoriadis November 30th, 2022

BUSINESS IMPROVEMENT ASSOCIATION Todd Kasenberg Council November 30th, 2022 Frances Hale November 30th, 2022 Sean Eaton November 30th, 2022 Scott Patterson November 30th, 2022 John Kerr November 30th, 2022 Mark Tarbush November 30th, 2022 Brad Cross November 30th, 2022 Harminder Nijjar November 30th, 2022 Matthew Schlauch November 30th, 2022 Siobhan Jackowski November 30th, 2022

ECONOMIC DEVELOPMENT

Todd Kasenberg Council November 30th, 2022 Doug Kellum Council November 30th, 2022 Julie Behrns Council November 30th, 2022 Lee Anne Andriessen Council November 30th, 2022 Neil Anstett Council November 30th, 2022

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SCHEDULE ‘A’

NORTH PERTH CEMETERY BOARD

Terry Seiler Council November 30th, 2022 Pat Demmerling November 30th, 2022 Bruce Wilken November 30th, 2022 Miles Dadson November 30th, 2022 Joan Rutherford November 30th, 2022

NORTH PERTH POLICE SERVICES BOARD

Julie Behrns Council November 30th, 2022 Dave Johnston Council November 30th, 2022 Ken Lawrence (Municipal Appointment) November 30th, 2022 Derek Mendez (Provincial Appointment) November 29th, 2019 Judy Givens (Provincial Appointment) June 22nd, 2020

PROPERTY STANDARDS COMMITTEE

Ken Lawrence November 30th, 2022 Russ Danbrook November 30th, 2022 Ron Robinson November 30th, 2022 Sam Vandekerckhove November 30th, 2022 Elizabeth Golden November 30th, 2022

FENCE VIEWERS/LIVESTOCK INVESTIGATORS COMMITTEE

Fred Fotheringham November 30th, 2022 Doug Johnston November 30th, 2022 Jason Schneider November 30th, 2022 Don Rea November 30th, 2022

POUND KEEPERS Elizabeth Johnston November 30th, 2022

PERTH ADULT LIFE CARE RESIDENCES COMMITTEE

Terry Seiler Council November 30th, 2022 Lois McLaughlin November 30th, 2022 Brenda Brisbin November 30th, 2022 Bert Johnson November 30th, 2022 Debora Ritchie November 30th, 2022 Diana Turney November 30th, 2022

NORTH PERTH FAMILY HEALTH TEAM/PHYSICIAN RECRUITMENT Vince Judge November 30th, 2022

MAITLAND VALLEY CONSERVATION AUTHORITY

Matt Duncan Council November 30th, 2022

BLUEWATER RECYCLING ASSOCIATION

Allan Rothwell Council November 30th, 2022

MUNICIPAL DRAINS

Matt Duncan Council November 30th, 2022 Dave Johnston Council November 30th, 2022

HUMAN RESOURCES COMMITTEE Todd Kasenberg November 30th, 2022 Doug Kellum November 30th, 2022 Matt Richardson November 30th, 2022

COURT OF REVISION Matt Duncan November 30th, 2022

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SCHEDULE ‘A’

Matt Richardson November 30th, 2022 Terry Seiler November 30th, 2022 Dave Johnston November 30th, 2022 Julie Behrns November 30th, 2022

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BY-LAW NO. 75-2020

Being a By-law to appoint a

By-law Enforcement Officer/ Property Standards Officer

for the Municipality of North Perth WHEREAS Section 8 of the Municipal Act S.O., 2001, Ch 25, and amendments thereto provides that hat the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considered appropriate and to enhance the municipality`s ability to respond to municipal issues;

AND WHEREAS Section 227 of the Municipal Act, S.O., 2001, Ch 25 authorizes Councils to pass by-laws for appointing such officers and employees as may be necessary for the purposes of the Corporation, for carrying into effect the provisions of any by-law of Council;

AND WHEREAS Section 15.1 (3) of the Building Code Act, S.O. 1992, c23, provides that a by-law may be passed the Council of the municipality prescribing the standards for the maintenance and occupancy of property within the municipality;

AND WHEREAS the Council of the Municipality of North Perth deems it advisable to appoint Nicole Alexander as By-law Enforcement Officer/ Property Standards Officer for the purpose of carrying out or enforcing regulations in accordance with the applicable legislation, policies and by-laws of for the Municipality of North Perth;

NOW THEREFORE the Council for the Municipality of North Perth enacts as

follows: 1. That Nicole Alexander is hereby appointed as By-law Enforcement

Officer/Property Standards Officer for the Municipality of North Perth; 2. That this By-law shall come into force and take effect on the date of its

final passing.

READ A FIRST AND SECOND TIME this 25th day of May, 2020.

READ A THIRD AND FINAL TIME AND PASSED this 25th day of May, 2020.

TODD KASENBERG, MAYOR

PATRICIA BERFELZ, CLERK

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council agenda date: may 25, 2020 - north perth, ontario

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