wainfleet council agenda for tuesday, dec. 13, 2011

C23/11

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET

REGULAR MEETING OF COUNCIL AGENDA

TUESDAY, DECEMBER 13TH, 2011 at 7:00 P.M.

COUNCIL CHAMBERS

1. Call to Order

2. National Anthem

3. Opening Prayera) Mayor Jeffs

4. Disclosure of Pecuniary Interest and the General Nature Thereof

5. Presentationsa) Holiday Card Winners

6. Public Hearings

7. Delegationsa) Kristina Edwards – Re: Speed Limit Signs on Rural Roads

b) Bill Carrothers – Re: Naturalization Plan for Jericho House

c) Brian Fear – Re: Maintaining and Upgrading Municipal Roads

8. Business Arising from Delegations

9. Mayor’s Announcements & Remarks

10. Adoption of the Minutesa) Minutes of the Regular Meeting of Council held on November 22nd, 2011

11. Staff Reports and Recommendationsa) Planning Staff Reports

No report(s) submitted

b) Administration Staff Reportsi) ASR-025/2011 Re: 2012 Regular Council Meeting Schedule

Township of WainfleetCouncil Meeting Agenda, December 13, 2011

c) Drainage Staff Reportsi) DSR-008/2011 Re: Engineer Appointment - Bridgewater Drain Extension

d) Building Staff Reportsi) BSR-013/2011 Re: Building Permit Report – November 2011

e) Public Works Staff ReportsNo report(s) submitted

f) Fire Staff ReportsNo report(s) submitted

g) Bylaw Enforcement Staff ReportsNo report(s) submitted

12. Review of Correspondence

13. Bylaws

First & Second Reading

a) Bylaw No. 037-2011 being a bylaw to provide for interim tax levies for the year2012 for the Township of Wainfleet.

b) Bylaw No. 038-2011 being a bylaw to appoint Part 8 Sewage System Inspectorand Chief Building Official for the Township of Wainfleet pursuant to the BuildingCode Act.

c) Bylaw No. 039-2011 being a bylaw to authorize the transfer by the Corporation ofthe Township of Wainfleet in favour of applicants for the abandoned rail corridoras set out in Schedule “A” attached hereto.

d) Bylaw No. 040-2011 being a bylaw to appoint members of the RecreationsMaster Plan Implementation Committee and adopt Terms of Reference for thesaid Committee for the Corporation for the Township of Wainfleet.

Third & Final Reading

a) Bylaw No. 034-2011 being a bylaw to authorize borrowing from time to time tomeet current expenditures during the fiscal year ending December 31, 2012.

b) Bylaw No. 035-2011 being a bylaw to appoint members to the Wainfleet YouthCommittee.

14. Notices of Motion

15. Proclamations

16. Other Business

17. Closed Meeting

Township of WainfleetCouncil Meeting Agenda, December 13, 2011

18. Bylaw to Confirm the Proceeding of Council

a) Bylaw No. 041-2011 being a bylaw to adopt, ratify and confirm the actions of theCouncil at its regular meeting held on the 13th day of December 2011.

19. Adjournment of Meeting

C22/11

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET

REGULAR MEETING OF COUNCIL MINUTES

Minutes of the Regular Meeting of Council held in the Wainfleet Council Chambers located at31940 Highway #3, Wainfleet, Ontario, on Tuesday, November 22, 2011 at 7:00 p.m.

PRESENT: A. Jeffs, R. Dykstra, T. Hessels, B. Konc, D. Wyatt

STAFF PRESENT: T. Lamb, S. Luey, R. Madere, G. Munday, G. Wuisman

1. CALL TO ORDERThe Council meeting was called to order by Rachael Moore and Steven Wright, E.L.Crossley students who were elected “Mayor for the Day”.

2. NATIONAL ANTHEM

3. OPENING PRAYERAlderman Dykstra delivered the opening prayer.

4. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOFAlderman Dykstra declared a conflict of interest towards ASR-024/2011, as his daughteris being considered as a committee member and Bylaw No. 036-2011, as he owns landsabutting the property.

See Other Business for Alderman Wyatt’s disclosure.

5. PRESENTATIONSThere were no presentations scheduled.

6. PUBLIC HEARINGS

a) Application for Rezoning File No. Z-04-2011 (Newhouse Onions Limited)

This public hearing was chaired by Mayor Jeffs.

Mayor Jeffs explained the purpose of the public hearing is to consider aproposed amendment to the Township’s Zoning Bylaw 581-78, as amended,under Section 34 of the Planning Act. The Township has received an applicationon behalf Newhouse Onions Limited to amend the zoning on a property on thesouth-east corner of Highway #3, being Part of Lots 28 and 29, Concession 4 andknown municipally as 43069 Wills Road.

Township of WainfleetCouncil Meeting Minutes, November 22, 2011 Page 2

The Planner, Grant Munday, informed those in attendance that the Planning Actincludes provision that allows the Ontario Municipal Board to dismiss an appealof a decision on the file if the appellant has not provided Council with oralsubmissions at this meeting or written submission before a bylaw is passed. Mr.Munday explained that if anyone interested in the file has input, they shouldprovide it at this meeting or before Council makes a decision in this matter.

Mr. Munday described the details of the application being:

Parts 1, 2, and 3 are proposed to be rezoned from “D-Development” to “R1-Residential” to permit the construction of a detached dwelling on each of theparcels. Part 4 is proposed to be rezoned to A1-Special Exception zone torecognize a reduced side yard setback of 6 m whereas a setback of 15 m isrequired.

Mr. Munday made reference to the key plan, noting that the consents to severParts 1, 2 and 3 as vacant residential lots and to retain Part 4 for continuedagricultural purposes. Each of the proposed new lots would have an approximatelot are of .42 ha (1.03 acres). These applications were deferred by the Committeeof Adjustment at the request of the Region of Niagara Public Works Department toprovide more time for the applicant to consider the following options:

1) Provide confirmation that there are no dug wells within 250 metres northand 100 metres east, west and south of the proposed lots, OR

2) Resubmitting a revised severance sketch that shows a minimum of 1hectare lot sizes.

There were no questions from Council or the gallery. Mr. Newhouse addressedCouncil by stating there would be no issue in confirming that there are no dugwells within 250 metres north and 100 metres east, west and south of theproposed lots.

Mr. Munday announced that the Township Planning Department will prepare areport for a subsequent Township Council meeting which will provide a detailedreview of the application and a recommendation to Council respecting a rezoningbylaw for the property. At that meeting, Council may approve a rezoning bylawaffecting the property.

Should Council pass a rezoning bylaw, notice of that passage will be given tothose individuals and agencies specified by Section 34 of the Planning Act andOntario Regulation 199/96. That notice will include explanation of the appealprocedure to the Ontario Municipal Board.

Mayor Jeffs concluded by informing Council and the public that should anyindividual want to be informed of when the staff report will be presented toCouncil, or want to be ensured that notice of passage of the rezoning bylaw willbe sent to them, they should inform the Clerk, in writing, which could be donefollowing the meeting.

This public hearing was adjourned at 7:13 p.m. by Mayor Jeffs.


7. DELEGATIONS

a) Pam Swick Janjac, Port Cares, informed Council of the various services providedby Port Cares. Ms. Swick Janjac speaking notes are enclosed in theNovember 22nd, 2011 Council meeting folder.

b) Cindy Adams, 11623 Burnaby Road, appeared before Council to state heropposition to the illegal trailers located at 11631 Burnaby Road. Ms. Adamsspeaking notes are enclosed in the November 22nd, 2011 Council meeting folder.

8. BUSINESS ARISING FROM DELEGATIONS

Resolution No. C-326-2011

Moved by Betty KoncSeconded by Richard Dykstra

“THAT the Port Cares presentation be received for information.”

CARRIED.

9. MAYOR’S ANNOUNCEMENTS & REMARKSThe Mayor’s comments are enclosed in the November 22nd Council meeting folder.

10. ADOPTION OF THE MINUTES

a) Minutes of the Regular Meeting of Council held on November 8th andNovember 16th, 2011


Moved by David WyattSeconded by Ted Hessels

“THAT the minutes of the Regular Council meeting held on November 8th and theSpecial meeting of Council held on November 16th, 2011 be adopted ascirculated.”

CARRIED.

11. STAFF REPORTS AND RECOMMENDATIONS

a) Planning Staff Reports

i) PSR-016/2011 Re: Revised Development Proposal for 11631 BurnabyRoad Skydive Burnaby Inc.

RECOMMENDATION(S):

THAT this report be received.



Moved by Richard DykstraSeconded by Ted Hessels

“THAT Planning Staff Report PSR-016/2011 Re: Revised DevelopmentProposal for 11631 Burnaby Road Skydive Burnaby Inc. and therecommendation contained therein be adopted as circulated.”

CARRIED.

b) Administration Staff Reports

i) ASR-023/2011 Re: Budget Variance Report

RECOMMENDATION(S):

THAT this report be received for information.


Moved by Ted HesselsSeconded by David Wyatt

“THAT Administration Staff Report ASR-023/2011 Re: Budget VarianceReport and the recommendation contained therein be adopted ascirculated.”

CARRIED.

Alderman Dykstra vacated his seat around the dais and did not take part indebate or vote on the report.

ii) ASR-024/2011 Re: Wainfleet Youth Committee Appointments

RECOMMENDATION(S):

THAT this report be received;

THAT Council review and appoint by bylaw (Appendix “A”), five membersto comprise the Wainfleet Youth Committee;

AND THAT the Terms of Reference established by the said committeebe adopted by bylaw at a later date.



Moved by Ted HesselsSeconded by Betty Konc

“THAT Administration Staff Report ASR-024/2011 Re: Wainfleet YouthCommittee Appointments and the recommendations contained therein beadopted as circulated.”

CARRIED.

Alderman Dykstra returned to his seat around the dias.c) Drainage Staff Reports

i) DSR-007/2011 Re: Tile Drain Loan Application – Oosterhof/Stayzer

RECOMMENDATION(S):

THAT this report be received for information;

AND THAT Council approve the application for loan submitted by GlennOosterhof/Kenneth Stayzer.


Moved by Richard DykstraSeconded by David Wyatt

“THAT Drainage Staff Report DSR-007/2011 Re: Tile Drain LoanApplication – Oosterhof/Stayzer and the recommendations containedtherein be adopted as circulated.”

CARRIED.

d) Building Staff ReportsNo report(s) submitted

e) Public Works Staff Reports

i) PWR-022/2011 Re: Recommendation for Award of Architectural Servicesfor Arena

RECOMMENDATION(S):


THAT Council approve the recommendation to award the contract forArchitectural Services for the Arena to Venerio V.P. Panici Architect Inc.for the sum of $1,280.00 plus disbursements;


AND THAT Council authorize the Director of Operations to enter intoagreement with Venerio V.P. Panici Architect Inc. for ArchitecturalServices.


Moved by Ted HesselsSeconded by Richard Dykstra

“THAT Public Works Staff Report PWR-022/2011 Re: Recommendationfor Award of Architectural Services for Arena and the recommendationscontained therein be adopted as circulated.”

CARRIED.ii) PWR-023/2011 Re: Recommendation of Recreation Master Plan

Implementation Committee Members and Approval of Terms ofReference

RECOMMENDATION(S):


THAT Council approve six (6) members to comprise the RecreationMaster Plan Implementation Committee;

THAT Council approve the Terms of Reference for the Recreation MasterPlan Implementation Committee attached hereto as Appendix “A”;

AND THAT Council pass a bylaw appointing the six (6) members and theTerms of Reference at a subsequent Council meeting.


Moved by David WyattSeconded by Richard Dykstra

“THAT Public Works Staff Report PWR-023/2011 Re: Recommendationof Recreation Master Plan Implementation Committee Members andApproval of Terms of Reference and the recommendations containedtherein be adopted as circulated.”

CARRIED.

iii) PWR-024/2011 Re: Recommendation for Contaminated Soil Remediationfor former Fuel Tank Area

RECOMMENDATION(S):


THAT Council approve the chemical injection method (described asOption #2 below) as the means of remediating the contaminated soilsencountered at the site of the former underground fuel tanks;


AND THAT Council authorize the Director of Operations to enter intocontract with the contractor, Gabriel Maintenance Ltd., and/or thecontractor’s environmental consultant, Oakhill Environmental inc., to carryout soils remediation work.


Moved by David WyattSeconded by Betty Konc

“THAT Public Works Staff Report PWR-024/2011 Re: Recommendationfor Contaminated Soil Remediation for former Fuel Tank Area and therecommendations contained therein be adopted as circulated.”

CARRIED.f) Fire Staff Reports

No report(s) submitted

g) Bylaw Enforcement Staff ReportsNo report(s) submitted

12. REVIEW OF CORRESPONDENCE


Moved by David WyattSeconded by Ted Hessels

“THAT the report of the correspondence to Council dated November 22nd, 2011and the recommendations contained therein be adopted as circulated.”

CARRIED.

CORRESPONDENCE REFERRED TO COUNCIL 2011 11 22

216. From the Town of Pelham enclosing a resolution passed by its Council regardingFederal regulations which prohibit structures higher than 45 metres within a radius of4,000 metres of a certified aerodrome. A copy of this piece of correspondence hasbeen circulated to each member of Council. REC. – receive for information.

217. From the Town of Niagara-On-The-Lake requesting support of a resolution passed byits Council calling for dialogue between various levels of governments in the UnitedStates and Canada as well as First Nations and Native American governments onimpacts of hydraulic fracturing in the Great Lakes Basin and treating “fracking”wastewater within private or municipal wastewater treatment systems in the GreatLakes Basin and that a province-wide and national moratorium on hydraulic fracturingand the treatment of the by-products of hydraulic fracturing within the great LakesBasin be supported until a robust public discussion has occurred with full considerationof the human and environmental impacts. A copy of this piece of correspondence hasbeen circulated to each member of Council. REC. – support resolution.


218. From the Township of Mulmur requesting support of a resolution passed by its Councilregarding the adoption of a standardized compliance checklist of requirements for theapproval process of alternative energy projects. A copy of this piece ofcorrespondence has been circulated to each member of Council and the Manager ofPlanning. REC. – support resolution.

219. From the Welland & District Humane Society enclosing its statistical report for themonth of October 2011. REC. – receive for information.

220. From Malcolm Allen, M.P. requesting a donation of $100.00 in support of ProstateCancer Canada and the Movember Foundation during the Movember Campaign Acopy of this piece of correspondence has been circulated to each member of Counciland the Treasurer. REC. – donate $100.00.

221. From the Town of Pelham enclosing a Notice of Public Meeting relating to theproposed Official Plan and East Fonthill Secondary Plan for the Town of Pelham. Acopy of this piece of correspondence has been circulated to the Manager of Planning.REC. – receive for information, Planner to comment if required.

UnregisteredNone.

13. BYLAWS

Mayor Jeffs requested that Bylaw No. 034-2011 be considered and read separately.

First & Second Reading


Moved by Ted HesselsSeconded by David Wyatt

“THAT the following bylaw be now read a first and second time this 22nd day ofNovember, 2011:

Bylaw No. 034-2011 being a bylaw to authorize borrowing from time to time tomeet current expenditures during the fiscal year ending December 31, 2012.”

CARRIED.

Alderman Dykstra vacated his seat around the dais and did not take part in debate orvote on the report.



Moved by Betty KoncSeconded by David Wyatt

“THAT the following bylaws be now read a first and second time this 22nd day ofNovember, 2011:

a) Bylaw No. 035-2011 being a bylaw to appoint members to the Wainfleet YouthCommittee.

b) Bylaw No. 036-2011 being a bylaw to authorize the transfer by the Corporation ofthe Township of Wainfleet in favour of applicants for the abandoned rail corridoras set out in Schedule “A” attached hereto.”

CARRIED.



“THAT Section 15.7 of the Procedural Bylaw No. 021-2010 be waived to allow the thirdreading and final passing of Bylaw No. 036-2011.”

CARRIED.

Third & Final Reading

Mayor Jeffs requested that Bylaw No. 036-2011 be considered and read separately andbe dealt with first.



“THAT the following bylaw be now read a third time and finally passed this 22nd day ofNovember, 2011:

Bylaw No. 036-2011 being a bylaw to authorize the transfer by the Corporation ofthe Township of Wainfleet in favour of applicants for the abandoned rail corridoras set out in Schedule “A” attached hereto.”

CARRIED.

Alderman Dykstra returned to his seat around the dias.



Moved by Richard DykstraSeconded by David Wyatt

“THAT the following bylaw be now read a third time and finally passed this 22nd day ofNovember, 2011:

Bylaw No. 031-2011 being a bylaw to amend Bylaw No. 021-2010 being a bylawto govern the proceedings of the Township of Wainfleet Council, the conduct ofits Members and the calling of meetings.”

CARRIED.

14. NOTICE OF MOTIONThere were no notices of motion.

15. PROCLAMATIONSThere were no proclamations.

16. OTHER BUSINESS

Youth HubAlderman Konc announced the Youth Hub in Port Colborne is hosting its 4th AnnualHoliday House Tour and Designer Craft Show Sale on Saturday, November 26, 2011from noon till 5 p.m. at the Guild Hall. Township staff have been directed to make adonation.

MovemberMr. Luey addressed Council regarding Movember stating that during November eachyear, Movember is responsible for the sprouting of moustaches on thousands of men’sfaces, in Canada and around the world. With their “Mo’s”, these men raise vital fundsand awareness for men's health, specifically prostate cancer.

Alderman Wyatt declared a conflict of interest and did not take part in discussion ordebate.



“THAT Council for the Township of Wainfleet donate $100.00 to Movember Canada insupport of David Wyatt’s campaign;

AND THAT the cheque be forwarded to Investors Group c/o David Wyatt.”

CARRIED.

Slow Moving SignsIn response to a question raised by Alderman Dykstra regarding the installation of slowmoving vehicle signs along Fork’s Road and other well travelled corridors, the Mayorand Director of Operations noted that they would arrange a meeting with the Director ofTransportation Services, Joe Cousins, at the Region to move forward with this initiative.


17. CLOSED MEETINGThere were no Closed Meeting items.

18. ADJOURNMENT



“THAT Council for the Township of Wainfleet do now adjourn.”

CARRIED.

Council adjourned at 8:24 p.m.

A. JeffsA. Jeffs, MAYOR

T. LambT. Lamb, CLERK

ADMINISTRATION STAFF REPORT ASR-025/2011

TO: Mayor Jeffs & Members of Council

FROM: T. Lamb, Clerk

DATE OF MEETING: December 13, 2011

SUBJECT: 2012 Regular Council Meeting Schedule

RECOMMENDATION(S):


AND THAT the meeting schedule for 2012 be approved and posted immediately.

EXECUTIVE SUMMARY:

Staff recommend approval of the attached 2012 Regular Council Meeting Schedule inorder to comply with the Township of Wainfleet’s Procedural Bylaw No. 021-2010.

BACKGROUND:

According to the Township’s Procedural Bylaw, Council meetings are to be scheduled onthe second and fourth Tuesday of the month; however, during the months of July, August, andDecember, the regular meetings are scheduled on the third Tuesday of those months.

OPTIONS/DISCUSSION:

None.

FINANCIAL CONSIDERATIONS:

None.

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Appendix “A” - Proposed 2012 Regular Council Meeting Schedule

Respectfully submitted by, Approved by,

Tanya Lamb Scott LueyClerk Chief Administrative Officer

APPENDIX “A”

MEETING SCHEDULE FOR 2012

COUNCIL MEETINGS

MEETINGS START AT 7:00 PM

January 10 & 24

February 14 & 28

March 13 & 27

April 10 & 24

May 8 & 22

June 12 & 26

July 17

August 21

September 11 & 25

October 9 & 23

November 13 & 27

December 18

DRAINAGE STAFF REPORT DSR-008/2011


FROM: H. Kelly, Drainage Superintendant


SUBJECT: Engineer Appointment - Bridgewater Drain Extension

RECOMMENDATION(S):


THAT Council accept the bid for the preparation of an Engineers report for theBridgewater Drain Extension submitted by Spriet Associates in the amount of$16,850.00 plus applicable taxes;

AND THAT Council authorize the Drainage Superintendent to enter into an agreementwith Spriet Associates for the preparation of an Engineer’s report for the BridgewaterDrain Extension.

EXECUTIVE SUMMARY:

It is staff’s recommendation that the Township accept the bid for the extension of theBridgewater Municipal Drain submitted by Spriet Associates in the amount of $16,850.00.

BACKGROUND:

Council previously approved the tendering for the preparation of a report for theBridgewater Drain Extension (DSR-005-2011).

The tender includes extending the existing Municipal Drain, as well as a newmaintenance schedule for the entire drain.

The staff report summarizes the results of the tender and provides staff recommendationto Council.

OPTIONS / DISCUSSION:

In accordance with our Township Purchasing & Procurement Policy, the request forEngineering Services for the preparation of a report was tendered.

The Township received three bids as follows:

DSR-008/2011 2011 12 13Page 2

Bid #1K. Smart Associates85 McIntyre DriveKitchener, Ontario N2R 1H6

On Site Meeting with Landowners $3,490.00Field Survey/Investigation $9,285.00Design and Drawing Preparation $6,915.00Report Preparation $15,900.00Open House Meeting with Landowners $1,175.00Report Presentation to Council $1,445.00Court of Revision $720.00Contract Preparation, Review, and Report $1,100.00Contract Administration and Inspection $8,100.00Disbursements $4,850.00

Total $53,980.00

Bid #2Spriet AssociatesEngineers and Architects155 York StreetLondon, Ontario N6A 1A8

On Site Meeting with Landowners $1,000.00Field Survey/Investigation $1,700.00Design and Drawing Preparation $2,500.00Report Preparation $2,900.00Open House Meeting with Landowners $1,200.00Report Presentation to Council $900.00Court of Revision $1,000.00Contract Preparation, Review, and Report $1,200.00Contract Administration and Inspection $2,500.00Disbursements $1,950.00

Total $16,850.00

Bid #3Urban and Environmental Management Inc.4701 St. Clair Avenue, Suite 301Niagara Falls, Ontario L2E 3S9

On Site Meeting with Landowners $2,800.00Field Survey/Investigation $23,000.00Design and Drawing Preparation $7,500.00Report Preparation $5,000.00Open House Meeting with Landowners $1,600.00Report Presentation to Council $600.00Court of Revision $600.00Contract Preparation, Review, and Report $3,000.00Contract Administration and Inspection $,700.00Disbursements $0.00

Total $49,800.00

DSR-008/2011 2011 12 13Page 3

It is staff’s recommendation that the Township accept the bid from Spriet Associates ofLondon, Ontario in the amount of $16,850.00, exclusive of taxes.

FINANCIAL CONSIDERTIONS:

Any costs associated with this project will be billed back to all upstream landowners as isthe case with all Municipal Drains created or constructed in accordance with the Drainage Act.

OTHERS CONSULTED:

None.

ATTACHMENTS:

None.

Respectfully prepared and submitted by: Approved by:

Harold Kelly Scott LueyDrainage Superintendent Chief Administrative Officer

BUILDING STAFF REPORT BSR-013/2011


FROM: J. Boerema, Chief Building Official


SUBJECT: Building Permit Report – November 2011

RECOMMENDATION(S):

THAT this report be received for information.

EXECUTIVE SUMMARY:

This is the summary report of building activity within the Township of Wainfleet for themonth of November 2011.

BACKGROUND:

None.

OPTIONS/DISCUSSION:

None.

FINANCIAL CONSIDERATIONS:

None.

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Appendix “A” – Summary Chart of the Building Permit Report – November 2011

Respectfully submitted by, Approved by,

John Boerema, C.E.T. Scott LueyChief Building Official Chief Administrative Officer

APPENDIX “A”

CORRESPONDENCE REFERRED TO COUNCIL 2011 12 13

222. From Ontario Good Roads Association Nominating Committee enclosing arecommended slate of candidates to serve on the 2012-2013 Board of Directors.REC. – receive for information.

223. From Wainfleet Township Public Library Board enclosing a motion that was passed insupport of providing space for a satellite constituency office for Cindy Forster, M.P.P.,Welland Riding dependent on time and space expectations. REC. – receive forinformation.

224. From the Town of Fort Erie enclosing resolutions in support of Brock University’sPlanned Cairns Family Health and Bioscience Research Complex – BusinessIncubator, the Impact of Hydraulic Fracturing and Treating of Wastewater within theGreat Lakes Basin, the Approval Process for Alternative Energy Projects and Smoke-Free Outdoor Spaces. REC. – receive for information.

225. From the City of Thorold enclosing a resolution in support of the Impact of HydraulicFracturing and Treating of Wastewater Within the Great Lakes Basin. REC. – receivefor information.

226. From the City of Port Colborne enclosing a resolution in support of Brock University’sPlanned Cairns Family Health and Bioscience Research Complex – BusinessIncubator. REC. – receive for information.

227. From the City of St. Catharines enclosing a resolution in support of the Impact ofHydraulic Fracturing and Treating of Wastewater Within the Great Lakes Basin. REC.– receive for information.

228. From the Township of Muskoka Lakes enclosing a resolution passed by its Councilrequesting that the Province of Ontario convene a meeting with the Province’smunicipalities to develop a plan to address the lack of municipal planning authorityover Renewable Energy Projects. A copy of this piece of correspondence has beencirculated to each member of Council. REC. – support resolution.

229. From the Federation of Canadian Municipalities (FCM) officially confirming that theTownship of Wainfleet will be one of the FCM’s four pilot communities for their ProtégéProgram. A copy of this piece of correspondence has been circulated to each memberof Council. REC. – receive for information.

230. From South Niagara Health Care Corp. requesting that a representative from theTownship of Wainfleet Council sit on its board of directors. A copy of this piece ofcorrespondence has been circulated to each member of Council. REC. – refer toCouncil.

231. Comments submitted by various Wainfleet residents and Summit-Telecomrepresentative response regarding proposed telecommunication tower in Wainfleet. Acopy of this piece of correspondence has been circulated to each member of Council.REC. – receive for information.

232. From the City of Port Colborne enclosing a resolution passed by its Council requestingsupport for the creation of a new and stable funding plan for supportive home care. Acopy of this piece of correspondence has been circulated to each member of Council.REC. – receive for information.

233. From the Niagara Peninsula Conservation Authority enclosing an update on theNiagara Peninsula Source Protection program. A copy of this piece ofcorrespondence has been circulated to the Director of Operations. REC. – receive forinformation.

234. From the Regional Clerk enclosing various bylaws as follows: Bylaw 116-2011 being abylaw to Adopt the 2012 Current Levy and Waste Management Budgets for theRegional Municipality; Bylaw 117-2011 being a bylaw to Adopt the 2012 CapitalBudget for the Regional Municipality; Bylaw 118-2011 being a bylaw to Set the Ratesand Requisitions to be Charged for Water Supplied to Lower-Tier Municipalities duringthe Period February 1, 2012 to December 31, 2012; and Bylaw 119-2011 being abylaw to Set the Requisitions to be Charged for Wastewater Received from Lower-TierMunicipalities for the Period February 1, 2012 to December 31, 2012. A copy of thispiece of correspondence has been circulated to the Treasurer. REC. – receive forinformation.

Unregistered

Niagara Regional Police Services Board Report, Volume 7, Issue 9

Niagara Regional Housing – Quarterly Report to Regional Council – July 1, 2011- September.30, 2011 Highlights

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. 037-2011

Being a bylaw to provide for interim tax levies forthe year 2012 for the Township of Wainfleet.

WHEREAS section of the Municipal Act, S.O. 2001, c. 25, as amended, provides that thecouncil of a local municipality, before the adoption of estimates for the year under Section 290, maypass a bylaw levying amounts on the assessment of property in the local municipality rateable forlocal municipality purposes;

AND WHEREAS the Council of this municipality deems it appropriate to provide for suchinterim levy on the assessment of property in this municipality;

NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBYENACTS AS FOLLOWS:

1. The amounts levied shall be as follows:

1.1. For the Residential, Pipeline, Farmland and Managed Forest property classes there shall beimposed and collected an interim levy of:

(a) the percentage prescribed by the Minister under section 317(10) of the MunicipalAct; or,

(b) 50%, if no percentage is prescribed,

of the total taxes for municipal and school purposes levied on in the year 2011.

1.2. For the Multi-Residential, Commercial and Industrial property classes there shall beimposed and collected an interim levy of:

(c) the percentage prescribed by the Minister under section 317(10) of the MunicipalAct; or,

(d) 50% if no percentage is prescribed,

of the total taxes for municipal and school purposes levied on in the year 2011.

2. For the purposes of calculating the total amount of taxes for the year 2011 under paragraph 2, ifany taxes for municipal and school purposes were levied on a property for only part of 2011because assessment was added to the collector’s roll during 2011, an amount shall be addedequal to the additional taxes that would have been levied on the property if taxes for municipaland school purposes had been levied for the entire year.

3. The provisions of this bylaw apply in the event that assessment is added for the year 2012 to thecollector’s roll after the date this bylaw is passed and an interim levy shall be imposed andcollected.

4. All taxes levied under this bylaw shall be payable into the hands of the Collector in accordancewith the provisions of this bylaw.

BYLAW NO. 037-2011 Page 2

5. There shall be imposed on all taxes a penalty for non-payment or late payment of taxes indefault of the installment dates set out below. The penalty shall be one and one-quarter percent(1¼%) of the amount in default on the first day of default and on the first day of each calendarmonth during which the default continues, but not after the end of 2012.

6. The interim tax levy imposed by this bylaw shall be paid in two installments due on the followingdates:

6.1. One-half (1/2) thereof on the 29th day of February of 2012;

6.2. One-half (1/2) thereof on the 30th day of April of 2012.

7. The Collector may mail or cause to be mailed to the address of the residence or place ofbusiness of each person taxed under this bylaw, a notice specifying the amount of taxespayable.

8. The notice to be mailed under this bylaw shall contain the particulars provided for in this bylawand the information required to be entered in the Collector’s roll under section 340 of theMunicipal Act.

9. The subsequent levy for the year 2012 to be made under the Municipal Act shall be reduced bythe amount to be raised by the levy imposed by this bylaw.

10. The provisions of s.317 of the Municipal Act, as amended apply to this bylaw with necessarymodifications.

11. The Collector shall be authorized to accept part payment from time to time on account of anytaxes due, and to give a receipt of such part payment, provided that acceptance of any such partpayment shall not affect the collection of any percentage charge imposed and collectable undersection 5 of this bylaw in respect of non-payment or late payment of any taxes or any installmentof taxes.

12. Nothing in this bylaw shall prevent the Collector from proceeding at any time with the collectionof any tax, or any part thereof, in accordance with the provisions of the statutes and bylawsgoverning the collection of taxes.

13. In the event of any conflict between the provisions of this bylaw and any other bylaw, theprovisions of this bylaw shall prevail.

14. This bylaw shall come into force and take effect on the day of the final passing thereof.

BYLAW READ A FIRST TIME THIS 13th DAY OF DECEMBER, 2011.

BYLAW READ A SECOND TIME THIS 13th DAY OF DECEMBER, 2011.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF_____________, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK



BYLAW NO. 038-2011

Being a bylaw to appoint Part 8 Sewage SystemInspector and Chief Building Official for theTownship of Wainfleet pursuant to the BuildingCode Act.

WHEREAS subsection 3(1) of the Building Code Act, 1992, R.S.O. 1992, c. 23, as amended(the “Act”), provides that the council of each municipality is responsible for the enforcement of the Actin the municipality;

AND WHEREAS subsection 3(2) of the Act provides that municipal councils shall appoint achief building official and such inspectors as are necessary for enforcement of this Act in the areas inwhich the municipality has jurisdiction;

AND WHEREAS subsections 15.11(1), (2), and (3) of the Act provide that a person may beappointed as chief building official or an inspector only if he or she meets the qualificationsprescribed by the Building Code;


1. THAT in this bylaw:

(a) “Building Code” means the regulations made under section 34 of the Act, asamended from time to time; and

(b) “Sewage Systems” mean sewage systems as defined in the Building Code.

2. THAT the following persons are hereby appointed as inspectors and chief building officialsfor the purposes of the Act and the Building Code related to Sewage Systems in theMunicipalities:

i. Caitlin Wood – Part 8 Senior Sewage Inspector

ii. Greg Wuisman – Part 8 Chief Building Official

3. THAT all inspectors appointed pursuant to this bylaw shall meet the qualifications prescribedby the Building Code.

4. THAT this bylaw comes into force on the date on which it is passed until repealed byTownship Council.

BYLAW READ A FIRST TIME THIS 13TH DAY OF DECEMBER, 2011.

BYLAW READ A SECOND TIME THIS 13TH DAY OF DECEMBER, 2011.


A. Jeffs, MAYOR

T. Lamb, CLERK



BYLAW NO. 039-2011

Being a bylaw to authorize the transfer by theCorporation of the Township of Wainfleet in favour ofapplicants for the abandoned rail corridor as set out inSchedule “A” attached hereto.

WHEREAS Sections 8 and 11 of the Municipal Act, 2001, S.O. 2001, Chapter 25, asamended, permit a municipality to pass by-laws in accordance with the Act;

AND WHEREAS certain lands within the Township conveyed by Canadian National Railwayto the Township by Transfer registered January 15, 1997, as instrument RO719089;

AND WHEREAS such lands do not comprise part of the Public Highway and are deemedsurplus by the Township of Wainfleet;

AND WHEREAS the Applicants listed in Column 1 of attached Schedule “A” have applied toacquire such lands from the Township as they abut the Applicant’s lands;


1. Those lands set out in column 3 of Schedule “A” hereto be conveyed by the Corporationof the Township of Wainfleet in favour of the Applicants therefore as set out in Column 1 ofSchedule A hereto as the adjoining land owners pursuant to the resolution of theCorporation of the Township of Wainfleet.

2. In each case, the lands are to be conveyed to an abutting land owner such that theparcels will merge pursuant to the Planning Act of Ontario and no new parcels of land arecreated thereby.

3. That the Mayor and the Clerk or Acting Clerk of the Corporation of the Township ofWainfleet are hereby authorized to sign or execute such deeds or other documents as maybe necessary to effect such conveyances.

4. That the Corporation of the Township of Wainfleet accept the sum of $1.00 for eachparcel together with the Township's costs including the proportionate share of the surveycosts and reimbursement of the Township’s legal costs in connection with such transfer.


BYLAW READ A SECOND TIME THIS 13th DAY OF DECEMBER, 2011.


A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE “A”

TO BYLAW NO. 036-2011

PURCHASER PURCHASER’S PROPERTY LANDS AVAILABLE TO BESOLD

Debra Lynne Ross PT LT 16, CON 5PIN 64025-0085

PT 2 59R-14247

Josef Theodor Mayr PT LOTS 44 & 45, CON 5PIN 64005-0005

PTS 3, 4, 5 & 6 59R-14260



BYLAW NO. 040-2011

Being a bylaw to appoint members of theRecreations Master Plan ImplementationCommittee and adopt Terms of Reference for thesaid Committee for the Corporation for theTownship of Wainfleet.

WHEREAS the Council of the Corporation of the Township of Wainfleet deems itnecessary to appoint persons to sit as members of the Recreation Master Plan ImplementationCommittee;

AND WHEREAS the Council of the Corporation of the Township of Wainfleet, for thereasons in PWSR 018/2011, deems it necessary and expedient to establish a RecreationMaster Plan Implementation Committee for the Township of Wainfleet in order to carry out therecommendations proposed in the recently approved Recreation Master Plan Study;

NOW THEREFORE the Council of the Corporation of the Township of WainfleetHEREBY ENACTS AS FOLLOWS:

1. THAT a Recreation Master Plan Implementation Committee be and is herebyestablished;

2. THAT the following persons be and are hereby appointed to the RecreationMaster Plan Implementation Committee as recommended in PWSR 023/2011:

Voting Members:

1. Tracy-Lynn Bell2. Terry Gilmore3. John MacLellan4. Andrew Mynlieff5. Craig Krueger6. Sheri Read7. Alderman David Wyatt (as Member of Council)

Non-Voting Members:

1. Township of Wainfleet Recreation Leadhand

3. THAT the Terms of Reference for the Recreation Master Plan ImplementationCommittee attached hereto as Schedule "A" be and are hereby authorized andapproved;

Bylaw No. 040-2011 Page 2

4. AND THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of theMunicipal Act, 2001, as amended, the Clerk of the Township of Wainfleet ishereby authorized to effect any minor modifications or corrections solely of anadministrative, numerical, grammatical, semantical or descriptive nature or kindto this by-law or its schedules as such may be determined to be necessary afterthe passage of this by-law.

BYLAW READ A FIRST TIME THIS 13TH DAY OF DECEMBER, 2011.


BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF DECEMBER, 2011.

A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE “A”(BYLAW NO. 040-2011)

TERMS OF REFERENCETOWNSHIP OF WAINFLEET

RECREATION MASTER PLAN IMPLEMENTATION COMMITTEE

1. Name of Committee

Recreation Master Plan Implementation Committee (RMPIC)

2. Purpose/Mandate/Scope

a) RMPIC will act as an advisory body to Council and to the Director of Operations,which will provide advice and recommendations on the implementation of theRecreation Master Plan.

b) RMPIC will also hold public information meetings on specific projects if required andapproved by Council.

c) All recommendations will be provided to the Council through the Director ofOperations. RMPIC acts primarily in an advisory capacity and leaves the overallresponsibility of operating the Department with Township Council.

3. Goals & Objectives

The Township recently had a Recreation Master Plan study carried out. A number ofrecommendations were presented in the study. It will be the goal of this Committee tospearhead implementation of those recommendations.

4. Committee Membership Categories

Voting Members

1 – Township Councillor2 – Representatives from sports organizations4 – Representatives from the community at large

Non-Voting members

Recreation Leadhand

5. Membership

Committee members will be appointed on the basis of experience, interest andavailability to attend meetings. The Township will pursue individuals/local residents formembership through newspaper advertisements, and recruitment.

6. Selection of Members

Council will be responsible for the appointment of all members of the Committee.

7. Term of Office

All terms shall be four (4) years and will extend until March of the year following a newelection.

Terms of Reference Page 2

8. Meetings

RMPIC will meet on a monthly basis, the 1st Tuesday of each month at 6:30 pm, exceptfor the months of July and August, or at the call of the chair as required.

9. Chair & Vice-Chair

a) The Chair and Vice-Chair will be elected from among the members at the firstmeeting of each calendar year. The Chair should be able to devote sometimebetween meetings to working informally with Township staff when circumstanceswarrant.

b) No committee member may serve as Chair for more than two consecutive years.

10. Agenda Preparation for the Meeting

a) The RMPIC Chair and/or Vice-chair will be responsible for development of theRMPIC agenda in the week prior to the meeting.

b) The RMPIC secretary will distribute the agenda and any accompanying material toall committee members the Friday prior to the meeting.

c) The RMPIC agenda and meeting minutes will be posted on the Township web page.

11. Delegations

a) Delegations must register with the staff liaison and provide written documentationand electronic documentation (if possible) relating to the matter to be discussed.Information must be submitted for circulation with the agenda.

b) Delegations will be allowed five (5) minutes for individuals and ten (10) minutes forgroups.

12. Closed Meetings of Committees

Advisory Committees of Council, with the exception of Standing Committees, do notusually consider business of a “Closed” nature; however, if circumstances arise, theremust be strict compliance with the Township’s Procedural By-law and the Municipal Act.

13. Minutes of the Meeting

The Director of Operations will provide staff support for the taking minutes of theCommittee meetings, the disposition of the minutes, and coordination of meetings.

14. Committee Procedures

a) Quorum shall be a majority of the members, excluding Township Staff

b) The decisions of the Committee will be made by consensus.

c) The Municipal Council Bylaw governs committee procedures and the conduct ofindividual members of the committee.

d) All recommendations will be provided to Council through the Director of Operationswithin 30 days of the committee meeting.

Terms of Reference Page 3

e) RMPIC will develop a work plan identifying projects and items (including timelines),they will be working on over their term and provide regular communications on thiswork plan to Council.

f) Any member missing three (3) consecutive meetings without a valid reason shall berequested to resign from the committee and will be replaced at the earliestopportunity by Council.

g) The committee will appoint a spokesperson, normally the chair, to speak with thepublic and media on behalf of the committee. When the public and media approachmembers of the committee, they must be careful to distinguish whether they arespeaking on behalf of the committee or presenting their personal views.

15. Expenses

No member of the Advisory Committee shall receive payment for any work or servicesperformed for the Committee or for the Centre, except that, with the approval of theAdvisory Committee, reimbursement may be made for travel for other expenses incurredin the performance specifically requested by the Committee.

16. Conflict of Interest

a) All members of committee shall adhere to the Conflict of Interest Policy for AdvisoryCommittees approved by the Township of Wainfleet.

b) Members are expected to undertake their responsibilities on an impartial andobjective basis. Any member whose financial interest could be in conflict with theinterests of the Township is obliged to disclose same at the meeting . Members willnot participate in any decision or recommendation in which they or their immediatefamily has any financial interest except in common with residents in the municipality.



BYLAW NO. 034-2011

Being a bylaw to authorize borrowing from time totime to meet current expenditures during the fiscalyear ending December 31, 2012.

WHEREAS Section 407 of the Municipal Act, S.O. 2001 c.25, provides authority for a Councilby Bylaw to authorize the Municipality to borrow from time to time, by way of promissory note orbankers’ acceptance, such sums as the Council considers necessary to meet, until taxes are collectedand other revenues are received, the current expenditure of the Corporation for the year.

AND WHEREAS the total amount which may be borrowed from all sources at any one time tomeet the current expenditures of the Corporation, shall not exceed, except with the approval of theOntario Municipal Board, the limitations set out in Section 407(2) of the Municipal Act.

BE IT ENACTED as a Bylaw of this Corporation as follows:

1. Borrowing AuthorityThe Head of Council and the Treasurer are hereby authorized on behalf of theMunicipality to borrow from time to time by way of promissory note or bankers’acceptance during the year 2012 (hereinafter referred to as the current year) suchsums as may be necessary to meet, until the taxes are collected and until otherrevenues are received, the current expenditures of the Corporation for the purposesset out in Section 407(1).

2. InstrumentsA promissory note or bankers’ acceptance made under Section 1 shall be signed bythe Head of Council and the Treasurer.

3. LendersThe Lenders from whom amounts may be borrowed under authority of this Bylaw shallbe the MERIDIAN CREDIT UNION LIMITED. And such other lender(s) of theMunicipality as may be determined from time to time by bylaw of Council.

4. Limit on BorrowingThe total amount which may be borrowed at any one time under this Bylaw, togetherwith the total of any similar borrowings that have not been repaid, shall not exceed,from January 1st until September 30th of the current year, 50 percent of the estimatedrevenues of the Corporation as set forth in the estimates adopted for that year. Suchborrowing shall not exceed, from October 1st to December 31st of the current year, 25percent of the said estimated revenues of the Corporation as set forth in the estimatesadopted for that year. For purposes of this Bylaw, the estimated revenues of theCorporation shall not include revenues derivable or derived from:a) Borrowing through any issue of debentures,b) A surplus, including arrears of taxes, fees or charges,c) A transfer from the capital fund, reserve funds or reserves.

BYLAW NO. 034-2011 Page 2

5. Borrowing Documents RequiredThe Treasurer shall, at the time when any amount is borrowed under this Bylaw,ensure that the lender is or has been furnished witha) A certified copy of this Bylaw,b) A certified copy of the estimates of the Corporation adopted for the current

year.

6. When Estimates Not AdoptedIf the estimates for the current year have not been adopted at the time an amount isborrowed under this Bylaw.a) The limitation on total borrowing, as set out in Section 4, shall be calculated for

the time being upon the estimated revenues of the Corporation as set forth inthe estimates adopted for the next preceding year, and

b) The certified copy furnished under Section 5 shall show the nature and amountof the estimated revenues of the Corporation as set forth in the estimatesadopted for the next preceding year.

7. Charge on RevenueAll or any sums borrowed under this Bylaw shall, with interest thereon, be a chargeupon the whole of the revenues of the Corporation for the current year and for anypreceding years as and when such revenues are received but such charge does notdefeat or affect and is subject to any prior charge then subsisting in favour of anylender.

8. Directive to TreasurerThe Treasurer is hereby authorized and directed to apply in payment of all or any sumsborrowed under this Bylaw, together with interest thereon, all or any of the moneyhereafter collected or received, either on account of or realized in respect of, the taxeslevied for the current year and preceding years or from any other source, which maylawfully be applied for such purpose.

9. Additional DocumentsThat the Head of Council and the Treasurer are authorized to execute such additionaldocuments as may be required by the lending authority to evidence the indebtedness.

10. Effective DateThis Bylaw shall come into force as of the 1st day of January, 2012.

BYLAW READ A FIRST TIME THIS 22nd DAY OF NOVEMBER, 2011.

BYLAW READ A SECOND TIME THIS 22nd DAY OF NOVEMBER, 2011.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 13th DAY OF DECEMBER, 2011.

A. Jeffs, MAYOR

T. Lamb, CLERK



BYLAW NO. 035-2011

Being a bylaw to appoint members to the WainfleetYouth Committee.

WHEREAS the Council of the Corporation of the Township of Wainfleet deems itnecessary to appoint persons to sit as members of the Wainfleet Youth Committee;


1. THAT the following persons are hereby appointed as members of the Wainfleet YouthCommittee:

1. Ryan Boros2. Meghan Dykstra3. Allyssa Davies4. Rachael Flagg5. Jessica Mann

2. THAT the term of office of the persons named in Section 1 of this bylaw shall expire onDecember 31, 2014 or until their successors are appointed;

3. THAT this bylaw shall come into force and take effect on the final passing thereof.

BYLAW READ A FIRST TIME THIS 22ND DAY OF NOVEMBER, 2011.

BYLAW READ A SECOND TIME THIS 22ND DAY OF NOVEMBER, 2011.


A. Jeffs, MAYOR

T. Lamb, CLERK



BYLAW NO. 041-2011

Being a bylaw to adopt, ratify and confirm theactions of the Council at its regular meeting heldon the 13th day of December, 2011

WHEREAS Subsection 5 (1) of the Municipal Act, 2001, S.O. 2001, Chapter M.25, asamended, provides that the powers of a municipal corporation are to be exercised by its Council;

AND WHEREAS section 5 (3) of the Municipal Act 2001, S.O. 2001, Chapter M.25, asamended, provides that, except if otherwise authorized, the powers of Council shall be exercised bybylaw;

AND WHEREAS it is deemed desirable and expedient that the actions of the Council asherein set forth be adopted, ratified and confirmed by bylaw;


1. (a) The actions of the Council at its meeting held on the 13th day of December, 2011including all resolutions or motions approved, are hereby adopted, ratified andconfirmed as if they were expressly embodied in this bylaw.

(b) The above-mentioned actions shall not include:

(i) any actions required by law to be taken by resolution, or

(ii) any actions for which prior Ontario Municipal Board approval is required, untilsuch approval is obtained.

2. The Mayor and proper officials of the Corporation of the Township of Wainfleet arehereby authorized and directed to do all things necessary to give effect to the above-mentioned actions and to obtain approvals where required.

3. Unless otherwise provided, the Mayor and Clerk are hereby authorized and directed toexecute and the Clerk to affix the seal of the corporation of the Township of Wainfleet to alldocuments necessary to give effect to the above-mentioned actions.

4. This bylaw shall come into force on the day upon which it is passed.




A. Jeffs, MAYOR

T. Lamb, CLERK