2011_11_22_council_agenda_c22

C22/11

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET

REGULAR MEETING OF COUNCIL AGENDA

TUESDAY, NOVEMBER 22, 2011 at 7:00 P.M.

COUNCIL CHAMBERS

1. Call to Order

2. National Anthem

3. Opening Prayera) Alderman Richard Dykstra

4. Disclosure of Pecuniary Interest and the General Nature Thereof

5. Presentations

6. Public Hearingsa) Application for Rezoning File No. Z-04-2011 (Newhouse Onions Limited)

Purpose of the Meeting:

The purpose of the public meeting is to consider a proposed amendment to theTownship’s Zoning Bylaw 581-78, as amended, under Section 34 of the PlanningAct. The Township has received an application on behalf Newhouse OnionsLimited to amend the zoning on a property on the south-east corner of Highway#3, being Part of Lots 28 and 29, Concession 4 and known municipally as 43069Wills Road.

Purpose of the Application:

The subject lands, being Parts 1, 2, and 3, are proposed to be rezoned from “D-Development” to “R1-Residential” to permit the construction of a detached dwellingon each of the parcels. Part 4 is proposed to be rezoned from and to recognize areduced lot area and a reduced lot frontage. A portion of Part 1 is proposed to berezoned from “A1-Agricultural” & “D-Development” to “A1-Special” to recognizenon-conformities created with the Zoning Bylaw and as a result of the proposedconsent to sever.

7. Delegationsa) Pam Swick Janjac, Port Cares, Re: Requesting Council Support for Port Cares

Reaching Out & Changing Lives Capital Campaign

Township of WainfleetCouncil Meeting Agenda, November 22, 2011

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 8th, 2011 and

November 16th, 2011

11. Staff Reports and Recommendationsa) Planning Staff Reports

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

b) Administration Staff Reportsi) ASR-023/2011 Re: Budget Variance Report

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

c) Drainage Staff Reportsi) DSR-007/2011 Re: Tile Drain Loan Application – Oosterhof/Stayzer

d) Building Staff ReportsNo report(s) submitted

e) Public Works Staff Reportsi) PWSR-022/2011 Re: Recommendation for Award of Architectural

Services for Arena

ii) PWSR-023/2011 Re: Recommendation of Recreation Master PlanImplementation Committee Members and Approval of Terms ofReference

iii) PWSR-024/2011 Re: Recommendation for Contaminated SoilRemediation for former Fuel Tank Area

f) Fire Staff ReportsNo report(s) submitted

g) Building Enforcement Staff ReportsNo report(s) submitted

12. Review of Correspondence

13. Bylaws

First & Second Readinga) Bylaw No. 034-2011 being a bylaw to authorize borrowing from time to time to

meet 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.

Township of WainfleetCouncil Meeting Agenda, November 22, 2011

Third & Final Readinga) Bylaw No. 031-2011 being a bylaw to amend Bylaw No. 021-2010 being a bylaw

to govern the proceedings of the Township of Wainfleet Council, the conduct ofits Members and the calling of meetings.

14. Notices of Motion

15. Proclamations

16. Other Business

17. Closed Meeting

18. Adjournment of Meeting

C20/11


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 8th, 2011 at 6:00 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 Mayor Jeffs.

2. Resolution No. C-303-2011

Moved by Betty KoncSeconded by David Wyatt

“THAT an amendment to the agenda be made to allow Council to move in ClosedSession.”

CARRIED.

3. CLOSED MEETING

Resolution No. C-304-2011

Moved by Betty KoncSeconded by Richard Dykstra

“THAT Council now move in closed session to discuss an item under:

a) Item under Section 239 (2) (f) of the Municipal Act, 2001 advice that is subject tosolicitor – client privilege, including communications necessary for that purpose –regarding Ontario Municipal Board hearing – Interim Control Bylaw (1item).

b) Item under Section 239 (3.1) of the Municipal Act, 2001 a meeting of a council orlocal board or of a committee of either of them may be closed to the public if thefollowing conditions are both satisfied:

1. The meeting is held for the purpose of educating or training themembers.

Township of WainfleetCouncil Meeting Minutes, November 8th, 2011 Page 2

2. At the meeting, no member discusses or otherwise deals with anymatter in a way that materially advances the business or decision-making of the council, local board or committee.”

CARRIED.

Rise and Report

Council reconvened at 7:00 p.m. Mayor Jeff’s reported that Council met to discuss anitem under Section 239 (2) (f) advice that is subject to solicitor – client privilege,including communications necessary for that purpose regarding Ontario Municipal Boardhearing dealing with the Interim Control Bylaw and items under Section 239 (3.1) wherethe Township solicitors provided an educational component session for Council. MayorJeffs noted that no resolutions emanated therefrom.

4. NATIONAL ANTHEM

5. OPENING PRAYERAlderman Wyatt delivered the opening prayer.

6. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOFAlderman Ted Hessels declared a pecuniary interest with regard to the public meetingdealing with the proposed ATV trail as he owns property abutting the proposed trail anddid not participate in the debate.

7. PRESENTATIONSNone.

8. PUBLIC HEARINGS

a) Quad Niagara ATV Club – Proposed ATV Trail

This public hearing was chaired by Mayor Jeffs.

Mayor Jeffs explained the purpose of the public hearing is to gather public inputregarding Quad Niagara’s proposal to create an ATV trail on Township’sunopened road allowances from Elsie Road to Farr Road between Concession 5and 6.

Mayor Jeffs’ opening remarks are attached and forming part of the minutes.

b) Request for Comments, Questions, Input from Anyone in Attendance

Mayor Jeffs requested input and comments from anyone in attendance pertainingto Quad Niagara ATV Club’s proposal.


The following was offered:

Graham Ross, 51647 Willford RoadMr. Ross stated he has been a resident for 20 years. His property abuts anabandoned rail line, two municipal drains and Forks Creek and as a result peopleare continually accessing his land causing damage, fires and taking the liberty ofhaving picnics on his property. Mr. Ross expressed concern over the potential ofpeople getting injured and the increase in liability the ATV trail will cause. Mr.Ross closed his remarks by stating that he moved to Wainfleet for the solitudenot to be exposed to outside influences.

Craig Watkey, Regional Road 27Mr. Watkey’s property is located on the east side of Farr Road where he ownsand operates a police dog training facility. Mr. Watkey expressed concern overthe increase of disruption and noise the ATVs will create as well as the negativeimpacts it will have on his kennel operation. Mr. Watkey noted that in the City ofThorold, concrete blocks were installed to obstruct the passage of ATVs;however, the blocks were moved to regain access. Mr. Watkey stated that QuadNiagara has an established trail in Cooksmills and doesn’t understand the needto create one in Wainfleet. Other noted concerns were issues of detrimentalimpact to wildlife (i.e. deer and other species), increased traffic, disobedience torules, damage to floodplains, negative impacts to neighbouring farmingcommunities and the inability for emergency service vehicles to access injuredpersons.

Nettie Emerson, 42171, Highway #3Mrs. Emerson stated her immediate family’s opposition to the proposed ATV trail.Mrs. Emerson expressed concerns regarding the noise and the lack of regard theriders have for the rules and speed limits, noting that she has personally witnesstwo incidents were quads entered her property without permission.

Ken Edwards, 12165 Concession 1 RoadMr. Edwards conveyed that ATV riders have no respect or concern for damagecaused to properties. ATVs have left ruts in two of Mr. Edwards hayfields andwhen he has approached the riders they show no regard for the damages theyhave inflicted. Mr. Edwards stated illegal use of ATVs is an ongoing issue thatneeds to be addressed before someone gets seriously hurt.

Heather Letourneau, 72353 Regional Road 27Ms. Letourneau stated the proposed trail abuts her backyard and as a result shewould have to dismantle hunting stands on her property which are utilized by herfamily whom are avid hunters in order to avoid liability issues.

Susan Stayzer, 72558 Regional Road 27Ms. Stayer stated her opposition to the proposed ATV trail and inquired as towho would clean-up the garbage left by the riders and in turn, who would pay forthe wages of that person or would it come from the tax base.

Jim Farr, 72242 Regional Road 27Mr. Farr questioned Council’s need to create an ATV trail for outside residentsand waste taxpayers’ dollars. The proposed trail will split Mr. Farr’s field in two


sections thus halting production. As well Mr. Farr was instructed by hisinsurance provider to increase his liability insurance. Mr. Farr believes ATVs willcontinue to destroy Township roads and urges that Council not support QuadNiagara’s request.

Jason Beamer, Regional Road 27Mr. Beamer believes ATV riders should purchase their own property to ride onand not make abutting land owners endure any associated negative impact.Alternatively riders can utilize existing licensed trails. Mr. Beamer also noted thatriders eventually veer off of trails and onto abutting crops.

Barbara Jacobson, 52247 Misener RoadMs. Jacobson stated her opposition to the proposed ATV trail. Ms. Jacobson hasenjoyed the peace and tranquility of her property for 22 years and wants tocontinue enjoying that tranquility for another 22 years.

Jerry Prentice, 43858 Flanagin RoadMr. Prentice who farms Mr. Farr’s property including the unopened roadallowance stated his opposition to the proposed ATV trail and expressed concernover the damage that will be caused to crops, farming equipment and to the roadshould the trail be approved. Mr. Prentice urged Council to respect thecontributions from local farming operations, as Wainfleet is becoming known asthe best agricultural base in Niagara.

Dean Webb, 52350 Willford RoadMr. Webb informed Council that he has visited thirty-three (33) properties thatwould be affected by the proposed trail and has collected thirty-one (31)signatures in opposition. Mr. Webb believes that the local people have spoken.

John McAdam, 10646 Quarry RoadMr. McAdam stated that when he purchased his property it was done with fullknowledge that the opening of the road allowance was probable but not for anATV trail. Mr. McAdam is of the opinion that Council does not completelyunderstand the ramifications of approving an ATV trail and referred to the GordHarry trail as prime example of the damage caused by the illegal use of quads,snowmobiles, dirt bikes, etc., as well as the lack of enforcement by the NiagaraRegional Police and the Niagara Conservation Authority. Mr. McAdam alsonoted that club members might abide by the rules and regulations; however thereare those who will not and cause severe damage to abutting properties. Mr.McAdam concluded by stating that he had to replace thirty-five (35) acres offencing that was destroyed by trespassers.

Colt MacMillan, 63066 Perry RoadMr. MacMillan is in support of the proposed ATV trail as it will provide him alegalized place to ride his quad.

John Homan, 53758 Willford RoadMr. Homan expressed concerns over the damage done to fields and crops byATVs and fears for his safety should he attempt to confront the trespassers.


Robert Montgomery, 52418 Highway #3Mr. Montgomery is of the opinion that owners of quads need a place to ride andthe proper establishment of a trail would take them off of the roads and fields.

Gabriel Harry, 11335 Fowler RoadMr. Harry stated he is a lifelong resident of Wainfleet and rides in the communitywith the permission of private land owners. Mr. Harry conveyed that he doesn’tlike riding on the roads and if given the opportunity to ride on an established trailhe would gladly abide by the rules and regulations.

Tracy Lynn Bell, President of Quad Niagara ATV ClubMs. Bell presentation notes were submitted to the Clerk to be accurately noted inthe minutes and are attached and forming part of the minutes.

Brian Fear, 50836 O’Reillys RoadMr. Fear expressed concern for how the proposed trail will be controlled andunderstands that the tax base will not be funding this project however, a quadtrail may be deemed as a non-desirable entity and result in lower assessmentvalues. Mr. Fear appreciates the NIMBY exercised but questions whether it is aCouncil responsibility to provide such a use.

Darlene Jackson, 62060 Regional Road 27Ms. Jackson believes that education is paramount especially in young riders andthat ATV riders should have the same rights to a riding trail as horseback riders,dog walkers, etc.

Niagara Regional Police, Constable Mark DixonConstable Dixon is cognizant of the complaints and issues residents haveregarding illegal use of ATVs and conducts numerous investigations oftrespassing on private property. Constable Dixon stated that he does not havean opinion on the proposed trail but noted the regulations for quad riders are asfollows: ATV riders must be sixteen (16) years of age, wear a helmet, and abideby the rules and regulations of the Highway Protection Act and other relatedregulations. As well, the quad must be licensed and insured. The fine fornoncompliance is $5,000.00. In addition, Constable Dixon noted that the NiagaraRegional police do have ATV officers that are trained (with assistance from QuadNiagara) to enforce rules and regulations on trails and beaches. The officers arealso trained in search and rescue for missing persons.

Peter Binka, 11440 Morgan’s Point RoadMr. Binka is of the opinion that the proposed trail will create revenue for theTownship and is familiar with the success involving the Owen Sound ATV trails.

Tracy Lynn Bell fielded questions from the public with regard to linking systems,where trailers are going to be housed, splitting farming operations, representationon various boards and committees, working closely with the Niagara RegionalPolice, customizing a mobile stretcher that will be available for emergencyresponses only, creating a bylaw to permit riding on road allowance and ATVscrossing at roadways on a 90 degree angle.


Alderman Wyatt thanked everyone for being in attendance and understands theproposed ATV trail is a divided issue. In summary, Alderman Wyatt statedfarming on an unopened road allowance is a privilege not a right and that the realissue is that the sport of ATV riding has not been organized in the Township.Quad Niagara’s proposal is intended to bring organization to quad riding inWainfleet. Alderman Wyatt also noted that the proposed trail is in keeping withthe recently approved Recreation Master Plan and views the trail as anopportunity to generate tourism and revenue within Wainfleet.

In response to a question raised by Alderman Dykstra, the Director of Operationsnoted that the Province does not legislate municipalities to maintain unopenedroadways. Alderman Dykstra is of the opinion that farmers are doing a service tothe community and the Township by farming unopened road allowances.

c) Closing

In closing Tracy Lynn Bell (Quad Niagara ATV Club) withdrew Phases 1 and 2 ofthe proposed ATV trail. Alderman Wyatt noted that the Recreation Master PlanImplementation Committee should consider all alternative proposals presentedby Quad Niagara and collectively present to Council at a later date.

Mayor Jeffs thanked all for attending the meeting and noted that comment formsare available for those who are interested.

The public hearing was adjourned at 8:40 p.m. by Mayor Jeffs.

Written comments submitted after the Public Hearing are attached andform part of the minutes.


Moved by Betty KoncSeconded by David Wyatt

“THAT Council take a five (5) minute recess.”

CARRIED.

9. DELEGATIONS

a) Skydive Burnaby (Tara Pitt), 11631 Burnaby Road, addressed Council to discussthe outstanding order against her property with regard to the location ofemployee trailers and seek an alternative solution.


10. BUSINESS ARISING FROM DELEGATIONS


Moved by David WyattSeconded by Ted Hessels

“THAT Skydive Burnaby submit a proposed five-year site plan to the Manager ofPlanning;

AND THAT a Planning Staff Report addressing the site plan, zoning requirements andall other related planning matters be submitted at the next regularly scheduled Councilmeeting November 22nd, 2011.”

CARRIED AS AMENDED (see below).


Moved by Richard DykstraSeconded by David Wyatt

“AND THAT staff be directed to consult with our Township solicitor with regard to liftingthe Interim Control Bylaw to allow Skydive Burnaby to construct approved lodging.”

CARRIED.

11. MAYOR’S ANNOUNCEMENTS & REMARKS

The Mayor’s comments are enclosed in the November 8th Council meeting folder.

12. ADOPTION OF THE MINUTES

a) Minutes of the Regular Meeting of Council held on October 25th, 2011


Moved by Ted HesselsSeconded by David Wyatt

“THAT the minutes of the Regular Council meeting held on October 25th, 2011 beadopted as circulated.”

CARRIED.

13. STAFF REPORTS AND RECOMMENDATIONS

a) Planning Staff ReportsNone.


b) Administration Staff Reports

i) ASR-022/2011 Re: Purchase of Building Department Truck

RECOMMENDATION(S):

THAT this report be received;

THAT Council authorize the purchase of a pick-up truck for the Buildingand Bylaw Enforcement Department;

AND THAT Council approve the use of funds from the BuildingDepartment Reserve for the purchase.


Moved by Ted HesselsSeconded by Richard Dykstra

“THAT Administration Staff Report ASR-022/2011 Re: Purchase ofBuilding Department Truck and the recommendations contained thereinbe adopted as circulated.”




“AND THAT the Building Department vehicle only be utilized duringTownship operating hours and not for personal use.”

CARRIED.

c) Drainage Staff Reports

i) DSR-006/2011 Re: Tile Drain Loan Application - Oosterhof

RECOMMENDATION(S):

THAT this report be received for information;

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




“THAT Drainage Staff Report DSR-006/2011 Re. Tile Drain LoanApplication – Oosterhof and the recommendations contained therein beadopted as circulated.”

CARRIED.

d) Building Staff Reports

i) BSR-012/2011 Re: Building Permit Report – October 2011

RECOMMENDATION(S):

THAT this report be received for information.


Moved by David WyattSeconded by Betty Konc

“THAT Building Staff Report BSR-012/2011 Re: Building Permit Report –October 2011 and the recommendations contained therein be adopted ascirculated.”

CARRIED.

e) Public Works Staff Reports

i) PWR-020/2011 Re: Re-allocation of Funds for Capital Projects

RECOMMENDATION(S):

THAT Council approve the re-allocation of unused monies from previouscapital projects to the Sugarloaf Street rehabilitation project;

THAT Council approve the re-allocation of surplus monies from theOperating Budget to the Marshville Drive Extension project;

AND THAT Council authorize the Treasurer to make the appropriateaccounting entries.




“THAT Public Works Staff Report PWR-020/2011 Re: Re-allocation ofFunds for Capital Projects and the recommendations contained therein beadopted as circulated.”

CARRIED.

ii) PWR-021/2011 Re: Purchase of Private Sewage System RegulatingDepartment Truck

RECOMMENDATION(S):


THAT Council authorize the purchase of a pick-up truck for the PrivateSewage System Regulating Department;

AND THAT Council approve borrowing by way of a promissory note fromthe Wainfleet Cemetery Perpetual Care Trust Fund for the purchase.



“THAT Public Works Staff Report PWR-021/2011 Re: Purchase of PrivateSewage System Regulating Department Truck and the recommendationscontained therein be adopted as circulated.”




“AND THAT the Building Department vehicle only be utilized duringTownship operating hours and not for personal use.”

CARRIED.

f) Fire Staff ReportsNone.


14. REVIEW OF CORRESPONDENCE


Moved by David WyattSeconded by Richard Dykstra

“THAT the report of the correspondence to Council dated November 8th, 2011 and therecommendations contained therein be adopted as circulated.”

CARRIED.

CORRESPONDENCE REFERRED TO COUNCIL 2011 11 08

207. From the Ontario Aggregate Resources Corporation enclosing the 2010 AnnualReport. REC. – receive for information.

208. From Marshville Heritage Society Inc., Christmas in the Village Committee requestingthat the fee for use of the Fire Hall kitchen be waived during their Christmas Festival,November 26 and 27, 2011. A copy of this piece of correspondence has beencirculated to each member of Council and the Director of Operations. REC. – supportrequest and be so notified.

209. From the City of St. Catharines enclosing a resolution and report supporting the Futureof Economic Development in Niagara. A copy of this piece of correspondence hasbeen circulated to each member of Council and the Chief Administrative Officer. REC.– receive for information.

210. From the Regional Clerk enclosing Report ICP 91-2011 requesting that municipalitiesendorse the Region’s Support for Brock University’s Planned Cairns Family Health andBioscience Research Complex. A copy of this piece of correspondence has beencirculated to each member of Council. REC. –support request.

211. From the Heart and Stroke Foundation, Person-to Person Campaign requesting thatthe rental fee for the Moore Room be waived during the Volunteer Appreciation Night,Wednesday March 14, 2012. A copy of this piece of correspondence has beencirculated to each member of Council and the Director of Operations. REC. – supportrequest and be so notified.

212. From the Niagara Region’s Public Health and Social Services Committee enclosingReport PHD 46-2011 regarding information around policy-making for Smoke-freeOutdoor Spaces. REC. – receive for information.

213. From the Niagara Region enclosing minutes of the Joint Board of ManagementNiagara Region Courts Meeting held on September 20, 2011. Copies of this piece ofcorrespondence are available for members of Council upon request. REC. – receivefor information.

214. From the Town of Fort Erie enclosing a resolution supporting the Revised EconomicDevelopment Model developed by Economic Development Officers and ChiefAdministrative Officers as supported by Niagara’s Chambers of Commerce in


response to communication received from the City of Niagara Falls. REC. – receivefor information.

215. From the Cindy Forster, M.P.P. requesting Council’s consideration to provide space fora satellite service office to assist constituents in the Wainfleet area. A copy of thispiece of correspondence has been circulated to each member of Council. REC. –support request and refer to the Township Library Board for consideration andcomment.

UnregisteredNone.

15. BYLAWS

First & Second Reading



“THAT the following bylaws be now read a first and second time this 8th 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.

Bylaw No. 032-2011 being a bylaw to appoint a Chief Building Official, BuildingInspector, Bylaw Enforcement Officer and Property Standards Officer for theCorporation of the Township of Wainfleet.

Bylaw No. 033-2011 being a bylaw to authorize the transfer by Phyllis E. Hardy infavour of the corporation of the Township of Wainfleet of Part Lot 12, Concession1, Wainfleet, Part of Lots 14, 15, 16, 17, 18, 19, 20 and 21, Plan 739, Lot 35 Plan739, being Parts 8 and 9 on Plan 59R-4102 and Parts 10 and 11 on Plan59R-9815; S/T RO606393 & AA40500, comprising Part of PIN 64019-0135 (LT).”

CARRIED.

Third & Final Reading



“THAT Section 15.7 of the Procedural Bylaw be waived to allow the third reading andfinal passing of Bylaw No. 032-2011 and Bylaw No. 033-2011.”

CARRIED.




“THAT the following bylaw be now read a third time and finally passed this 8th day ofNovember, 2011:

Bylaw No. 030-2011 being a bylaw to authorize the Fire Chief and/or designateto enter into a Memorandum of Understanding on behalf of the Corporation of theTownship of Wainfleet with the Niagara Regional Police Services, the Office ofthe Fire Marshal and Fire Services in the Regional Municipality of Niagara.

Bylaw No. 032-2011 being a bylaw to appoint a Chief Building Official, BuildingInspector, Bylaw Enforcement Officer and Property Standards Officer for theCorporation of the Township of Wainfleet.

Bylaw No. 033-2011 being a bylaw to authorize the transfer by Phyllis E. Hardy infavour of the corporation of the Township of Wainfleet of Part Lot 12, Concession1, Wainfleet, Part of Lots 14, 15, 16, 17, 18, 19, 20 and 21, Plan 739, Lot 35 Plan739, being Parts 8 and 9 on Plan 59R-4102 and Parts 10 and 11 on Plan59R-9815; S/T RO606393 & AA40500, comprising Part of PIN 64019-0135 (LT).”

CARRIED.

16. NOTICE OF MOTIONThere were no notices of motion.

17. PROCLAMATIONSNone.

16. OTHER BUSINESS

Fuel Tanks

Alderman Hessels requested that the Director of Operations, Mr. Wuisman, provideCouncil with an update on the above ground fuel take installation. Mr. Wuismanresponded by informing Council that contaminated soils were found within the old tanknest. Three options were presented to Council outlining the pros and cons in order torectify the situation.

1. Excavate the contaminated soil and take off site to dispose (also known as digand ditch method). The cost involved would be approximately $30,000 to$40,000.

2. Chemical injection into the contaminated soil which will oxidize the hydrocarbons.Cost would be approximately $10,000.

3. Do nothing.




“THAT the Director of Operations be directed to proceed with chemical injection toeliminate the contaminated soil.”

DEFEATED.


Moved by Mayor JeffsSeconded by Betty Konc

“THAT the Director of Operations be directed to prepare a staff report depicting the threeoptions available to rid the contaminated soil caused by the underground fuel tanks.”

CARRIED.

Arena

Alderman Konc requested that in order to comply with current legislation and remain‘accountable and transparent’ that items of importance be addressed by means of staffreports not under other business.



“THAT the Director of Operations be directed to prepare a staff report detailing the stepstaken to mitigate the arena fire code deficiencies and provide a synopsis for thetendering process regarding Request for Proposals for architectural services for thearena addition;

AND THAT a public meeting be held to gather comments on the conceptual design forthe arena.”

CARRIED.


18. ADJOURNMENT



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

CARRIED.

Council adjourned at 10:25 p.m.

A. Jeffs, MAYOR

T. Lamb, CLERK

C21/11


SPECIAL 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 16, 2011 at 9:00 a.m.

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

STAFF PRESENT: F. Magazzeni, S. Luey, G. Wuisman

1. CALL TO ORDERThe Council meeting was called to order by Mayor Jeffs.

4. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOFThere were no disclosures of pecuniary interest noted by members of Council.

5. CLOSED MEETING



“THAT Council now move in closed session to discuss an item under:

a) Item under Section 239 (2) (f) of the Municipal Act, 2001 advice that is subject tosolicitor – client privilege, including communications necessary for that purpose –regarding Skydive Burnaby’s site plan request as it relates to the interim controlbylaw (1 item).

b) Item under Section 239 (3.1) of the Municipal Act, 2001 a meeting of a council orlocal board or of a committee of either of them may be closed to the public if thefollowing conditions are both satisfied:

1. The meeting is held for the purpose of educating or training themembers.

2. At the meeting, no member discusses or otherwise deals with anymatter in a way that materially advances the business or decision-making of the council, local board or committee.

CARRIED.

Township of WainfleetCouncil Meeting Minutes, November 16, 2011 Page 2

Council reconvened at 11:45 a.m. Mayor Jeff’s reported that Council met to discuss anitem under Section 239 (2) (f) advice that is subject to solicitor – client privilege,including communications necessary for that purpose regarding Skydive Burnaby’s siteplan request as it relates to the interim control bylaw and the Director of Operationsconducted a roads tour to educate Council on the condition of municipal roads. MayorJeffs noted that no resolutions emanated therefrom.

6. ADJOURNMENT



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

Council adjourned at 11: 47 a.m.

A. Jeffs, MAYOR

C. S. Luey, ACTING CLERK

PLANNING STAFF REPORT PSR-016/2011

TO: Mayor Jeffs & Members of Council

FROM: G. Munday, Manager of Planning

DATE OF MEETING: November 22, 2011

SUBJECT: Revised Development Proposal for 11631 Burnaby RoadSkydive Burnaby Inc.

RECOMMENDATION(S):

THAT this report be received.

EXECUTIVE SUMMARY:

On November 8, 2011 Township Council requested that staff review a proposal toeliminate numerous illegal trailers and construct eighteen (18) buildings, each having theapproximate size of 96 square feet, to provide overnight accommodations for employees ofSkydive Burnaby. The proposal included a plan to eliminate the trailers over a five year periodwhile replacing them with the new 96 square foot buildings On November 14, 2011 staffreceived this proposal and have conducted a preliminary review.

With respect to the approval process for this proposal it would require the lifting of theInterim Control Bylaw (ICB) as it applies to Skydive Burnaby, the submission of a new ZoningBylaw Amendment Application, the submission of Site Plan Control Application, modifications tothe Property Standards Bylaw, the payment of application fees, agency review fees andpotentially additional information and/or studies. On a preliminary basis staff would not supportthis proposal as it represents poor planning, would propose overnight accommodations that arewell below the minimum size requirements contained within the Zoning By-law for comparableactivities, would conflict with the Property Standards Bylaw and would weaken the Township’sposition in upholding the ICB at the upcoming OMB hearing.

BACKGROUND:

The subject land was rezoned A1-267 in 2003 at the request of the owners. The zoningon the property permits a range of uses related to the operation of a skydiving businessincluding a twenty bed bunkhouse. The zoning does not permit the use of trailers or acampground for workers. The presence of trailers on the site for housing workers constitutes aviolation of the current zoning provisions applicable to this property.

In 2003 the Township and the owners entered into a site plan agreement which providedadditional approval to build a twenty bed bunkhouse and provided a 1 year extension in which toremove the trailers that were on the property at that time. The trailers to date, have not beenremoved from the site and are the subject of a current zoning bylaw violation complaint. Staffhave repeatedly requested that these trailers be removed from the site in order to achievecompliance with the zoning provisions that apply to the property.

With reference to Appendix “A” (as attached), the proposal in 2003 contemplatedconstructing a 30’ x 70’ bunkhouse addition to the existing clubhouse building. However, thesite plan shown in Appendix “A” is not included on the registered version of the site planagreement. Nonetheless, the zoning provisions and the broad wording in the site plan

PSR-16/2011 2011 11 22Page 2

agreement would allow the building to be constructed on alternative locations on the propertyprovided they could meet the required setbacks and successfully connect to the existing septicsystem. It is staff’s opinion that the current zoning provisions and site plan agreement are avery generous agreement and provides flexibility to the owners to provide quality employeeaccommodations. Certainly the Council at that time could have sought additional provisions.

On November 8, 2011 Township Council requested that staff review a proposal toeliminate numerous illegal trailers and construct eighteen (18) buildings, each having theapproximate size of 96 square feet, to provide overnight accommodations for employees ofSkydive Burnaby. With reference to Appendix “B” (as attached) the proposal included a plan toeliminate the trailers over a five year period while replacing them with the new 96 square footbuildings On November 14, 2011 Staff received this proposal and have conducted apreliminary review.

DISCUSSION:

In reviewing this application, staff have examined the owners proposal in relation to thecurrent zoning bylaw provisions applicable to this property. In terms of use, the proposalsubmitted by the owners can be interpreted as being similar to a campground or trailer park or afarm help house. This use and proposed configuration are not a permitted use under thecurrent A1-267 zoning that applies to the property. To add to this the proposed 96 square footbuildings would not meet the minimum requirement in the Township Zoning Bylaw for a farmhelp house (967.75 square feet) or a cabin (398.26 square feet). In staff’s opinion the proposed96 square foot sheds would constitute substandard housing and would not be appropriate forthe use of employee accommodations.

With respect to the existing site plan agreement, staff are of the opinion that theagreement contemplated that the bunk house be contained in one building rather than a seriesof trailers or substandard buildings. The rationale for having one consolidated building relatesto a desire on behalf of the Township and local residents to make staff accommodations moreaesthetically pleasing and to control some of the off-site impacts (noise and visual) of housing alarge number of workers on site. In Staff’s opinion the existing illegal trailers or the proposedsubstandard sheds to house workers do not achieve to eliminate these impacts.

Staff are also of the opinion that the proposed buildings to house workers wouldconstitute a violation of the Township’s Property Standards Bylaw (By-law No. 059-200). Theproposed buildings are intended to be used as dwelling units for workers. Among otherprovisions, the by-law requires the following:

2.19.3 Where a dwelling unit contains rooms intended to be used in conjunction with arooming or lodging house, the occupants may share a single bathroom providedthat:

(a) a total of not more than ten persons occupy the dwelling units, and

(b) for each additional ten persons or part thereof, there shall be anadditional toilet and bathtub or shower, and

(c) access to the bathroom can be gained without passing through(i) a habitable room of another dwelling unit, or

(ii) an open area, which is not normally heated during theseason in which heat is required.

PSR-16/2011 2011 11 22Page 3

2.19.4 All bathrooms and toilet rooms shall be located within and accessible from withinthe dwelling.

The proposed buildings to house workers would not comply with the minimumrequirements contained within the above noted provisions. These minimums are widelyaccepted across Ontario as a standard for properly housing people.

In order to attempt to legalize the use and configuration proposed by the ownersproposal it would require the lifting of the ICB as it applies to Skydive Burnaby, the submissionof a new Zoning Bylaw Amendment Application, the submission of Site Plan Control Application,modifications to the Property Standards Bylaw, the payment of application fees, agency reviewfees and potentially additional information and/or studies. Staff indicate that the application fees& review fees to initiate such requests would cost at minimum of approximately $12,315.00.Any decision of Council would also be subject to an appeal period where an interested partycould appeal the decision to the Ontario Municipal Board (OMB).

With respect to lifting the Interim Control Bylaw that applies to this property, it is Staff’sopinion that lifting the ICB could potentially undermine the Township’s legal position at OMB. Inparticular, that the Township is in the process of creating a new Zoning Bylaw and the ICBprovides time for the Township to reconsider the zoning bylaw provisions. Lifting the ICB toallow substandard housing would not support this position.

On a preliminary basis staff would not support this proposal as it represents poorplanning, would propose overnight accommodations that are well below the minimum sizerequirements contained within the Zoning Bylaw for comparable activities and would conflictwith the Property Standards Bylaw. Staff recommend that owners proceed forward under thecurrent approved Zoning Bylaw and Site Plan Agreement. This means removing the illegaltrailers and pursue obtaining a building permit for employee accommodations within a onebuilding format in compliance with the Zoning Bylaw, the Property Standards Bylaw and theOntario Building Code.

FINANCIAL CONSIDERATIONS:

None.

OTHERS CONSULTED:

Staff consulted with the Chief Building Official.

ATTACHMENTS:

1. Appendix “A” – Site Plan Agreement2. Appendix “B” – Skydive Burnaby’s Revised Proposal

Respectfully submitted by, Approved by,

Grant Munday Scott LueyManager of Planning Chief Administrative Officer

APPENDIX “A”

APPENDIX “B”

ADMINISTRATION STAFF REPORT ASR-023/2011


FROM: R. Madere, Treasurer


SUBJECT: Budget Variance Report

RECOMMENDATION(S):

THAT this report be received for information.

EXECUTIVE SUMMARY:

Staff have analyzed the budget variance report as of November 14th, 2011 and provideda copy of same to members of Council.

BACKGROUND:

At this point in time it is expected that the Fire department will be over budget this year.High repair and maintenance costs for trucks and increase in wages and benefits are the reasonfor this. Protection to Persons and Property department will likely be over budget this year. Themain reasons for this are lower than budgeted building permit revenue and increase in legalexpenses. As previously mentioned Planning and Zoning department may run over budget dueto lower than expected revenue.

Currently, no other departments are expected to be over budget. Staff will continue tomonitor expenses and continue to report budget variances at future meetings.

OPTIONS/DISCUSSION:

None.


None.

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Appendix “A” - Budget Variance report as of November 14th, 2011


Robyn Madere Scott LueyTreasurer Chief Administrative Officer

APPENDIX “A”

ADMINISTRATION STAFF REPORT ASR-024/2011

TO: Mayor Jeffs and Members of Council

FROM: S. Luey, Chief Administrative Officer


SUBJECT: Wainfleet Youth Committee Appointments

RECOMMENDATION(S):


THAT Council review and appoint by bylaw (Appendix “A”), five members to comprisethe Wainfleet Youth Committee;

AND THAT the Terms of Reference established by the said committee be adopted bybylaw at a later date.

EXECUTIVE SUMMARY:

As directed by the Mayor, staff advertised the positions and received five applications forCouncil’s review.

BACKGROUND:

At its August 16th, 2011 meeting, Council passed a resolution instructing staff to preparea report for the selection of members.

These positions were advertised on the Township website and in the local newspaper.The original deadline of September 30, 2011 was extended to October 28, 2011 due to lack ofresponse.

OPTIONS/DISCUSSION:

Six positions were advertised, five applications were received. All have beenconfidentially circulated to Council for review.

Staff are of the opinion that each applicant will bring a diverse perspective to the tableand therefore request that all be appointed to the Committee.


It is anticipated that this project will operate on a self sustaining basis throughfundraising.

Committee members will not be compensated for their time.

ASR-024/2011 2011 11 22Page 2

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Appendix “A” - Draft Wainfleet Youth Committee Appointment Bylaw

Wainfleet Youth Committee Applications*Confidential and circulated to Council only*

Respectfully submitted and approved by,

Scott LueyChief Administrative Officer

APPENDIX “A”

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BY-LAW NO. XXX-20XX

Being a by-law to appoint members tothe Wainfleet Youth 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;

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

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.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF__________, 20XX.

A. Jeffs, MAYOR

T. Lamb, CLERK

DRAINAGE STAFF REPORT DSR-007/2011


FROM: H. Kelly, Drainage Superintendent


SUBJECT: 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.

EXECUTIVE SUMMARY:

Mr. Glenn Oosterhof and Mr. Kenneth Stayzer, owners of 53644 Smith Road, propertyRoll # 2714 000 011 122000, Concession 6, Part of Lot 23, have submitted a tile drain loanapplication for this property (Attached as Appendix “ A”).

BACKGROUND:

The Ministry of Agriculture Food and Rural Affairs offers Tile Drain Loans under theAuthority of the Tile Drainage Act. The application must meet certain criteria in order to beeligible (Attached as Appendix “B”)The Municipality receives the loan application from thelandowner, and decides if they want to approve the loan or not. If accepted the owner then hasthe work completed by a licensed tile drainage contractor. The tile drain inspector must inspectthe work, before it is covered up and completed. Once completed, the municipality prepares arating bylaw which includes the amount of the loan and the annual rate to be imposed. Thebylaw is then sent to the Region of Niagara and from there it is sent to the Ministry of Agriculturefor processing.

OPTIONS/DISCUSSION:

There are two options available to Council. One is to reject this application, and theother is to accept the application and approve the loan. Council typically approves loans underthe Tile Drainage Act. This is a service that is provided by the Municipality to promote drainagein the Municipality. Staff has no concerns with this application and recommends that theapplication be approved.


None.

DSR-007/2011 2011 11 22Page 2

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Appendix “A” – Copy of Tile Drain Loan Application2. Appendix “B” – Copy of OMAFRA Factsheet, The Tile Loan Program

Respectfully prepared and submitted by: Approved by:

Harold Kelly Scott LueyDrainage Superintendent Chief Administrative Officer

APPENDIX “A”

APPENDIX “B”

PUBLIC WORKS STAFF REPORT PWSR-022/2011


FROM: G. Wuisman, Director of Operations


SUBJECT: Recommendation for Award of Architectural Services for Arena

RECOMMENDATION(S):


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

AND THAT Council authorize the Director of Operations to enter into agreement withVenerio V.P. Panici Architect Inc. for Architectural Services.

EXECUTIVE SUMMARY:

Following considerable consultation and review, staff is recommending that Councilapprove the Ad-hoc Evaluation Committee’s recommendation that the architectural firm ofVenerio V.P. Panici Architect Inc. be retained to produce conceptual designs and cost estimatesfor various arena addition reconstruction options as a solution to the current fire codedeficiencies.

BACKGROUND:

In the summer of 2010 The Township’s Fire Chief identified a number of potential firecode deficiencies in our arena complex. A subsequent detailed inspection was organized andcarried out on August 5, 2010 by the Fire Chief and Fire Marshall. The observations of thatinspection and subsequent orders, titled “Fire Safety Inspection Report – Wainfleet Arena”dated August 18th, 2010 are attached as Appendix “B”.

Following issue of the above referenced inspection report and on advice from the FireChief, staff retained the services of the architectural firm, Quartek Group Inc. (“Quartek”), tocarry out a Fire Code Compliance review of the arena complex and determine cost estimates forbringing the arena into compliance.

The Quartek review (attached as Appendix “C”) established two main options to bringthe area into fire code compliance; Option #1, carry out major alterations, construct fireseparations and install an alarm system, or Option #2, carry out minor alterations, install analarm system and a fire suppression system (sprinkler system). The costs were estimated to be$453,100 and $502,550 respectively for Option numbers 1 and 2.

Wainfleet’s Chief Building Official (CBO) was also consulted on this matter on a numberof occasions by staff, Quartek, and the Fire Chief. The CBO confirmed that most of the additionsat the arena complex abutting the main ice pad area were constructed without a Building Permit

PWSR-022/2011 2011 11 22Page 2

and utilized combustible materials. He informed staff that due to the aforementioned, the entirebuilding is in non-compliance. The CBO’s March 9th, 2011 report is attached as Appendix “A”.

Earlier this year, the Township commissioned a Recreation Master Plan Study, acomponent of that study included a review of arena usage, viability, and importance to thecommunity. In consideration of this study, Council decided to temporarily halt any action ordecisions regarding the arena until the conclusion of the Recreation Master Plan Study. Thestudy concluded that the Wainfleet arena was the “Hub of the Community” and while it may notbe self-sufficient in terms of revenue generation, it should remain. Council adopted theRecreation Master Plan as presented.

Potential solutions to the arena Fire Code deficiencies matter has been discussed atlength by the Operations Sub-committee. The committee evaluated the merits of demolishingthe non-compliant additions abutting the ice pad area and constructing new additions in favourof spending approximately half a million dollars to bring the existing aged structures intocompliance. The committee concluded that there was sufficient merit in investigating this optionfurther and an architectural firm should be hired to produce conceptual designs and costestimates.

At the October 25th Council meeting, Council approved the tendering for architecturalservices. Staff prepared a custom Request for Proposal (RFP) that called for the preparation ofat least three conceptual designs and associated construction cost estimates for varying layoutsand construction costs. Staff tendered for the services in compliance with the Townshipprocurement policy and have received four bids as follows:

1. Quartek Group Inc. $18,790.002. Macdonald Zuberec Ensslen Architects Inc. $14,600.003. Archway and Associates Architect $37,732.504. Venerio V.P. Panici Architect Inc. $ 1,280.00

The above bids are exclusive of disbursement expenses.

As per the RFP, an ‘Evaluation Committee’ was formed to select the successful proposal.The Operations Sub-Committee took on the role of evaluation committee and made arecommendation on award of this tender.

It is the Evaluation Committee’s recommendation to Council that the architectural firm ofVenerio V.P. Panici Architect Inc. be awarded the contract for the supply of architecturalservices for the sum of $1,280.00 plus disbursements.

OPTIONS / DISCUSSION:

It is staff’s opinion that the fees ($1,280.00) of the recommended proposal from Venerio V.P.Panici Architect Inc. is significantly below the estimated market value of approximately$20,000.00 and consequently represents a unique opportunity for the Township to advanceinvestigating the option of demolition and reconstruction of the abutting additions without asubstantial financial outlay.

PWSR-022/2011 2011 11 22Page 3

FINANCIAL CONSIDERATION(S):

The costs associated with accepting the recommended proposal are $1280.00 plusdisbursements.

OTHERS CONSULTED:

Numerous parties have been consulted on the Fire Code deficiencies as stated above.These include: the Fire Chief, Fire Marshall’s office, CBO, and Quartek Group Inc.

ATTACHMENT(S):

1. Appendix “A” – CBO’s report2. Appendix “B” – Fire Safety Inspection Report3. Appendix “C” – Quartek Group Inc. Fire Code Compliance Report

RFP submissions have been circulated to Council.

A hard copy is available for viewing at the municipal office.


Greg Wuisman Scott LueyDirector of Operations Chief Administrative Officer

APPENDIX “A”

APPENDIX “B”

APPENDIX “C”





SUBJECT: Recommendation of Recreation Master Plan ImplementationCommittee Members and Approval of Terms of Reference

RECOMMENDATION(S):


THAT Council approve six (6) members to comprise the Recreation Master PlanImplementation Committee;

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

AND THAT Council pass a bylaw appointing the six (6) members and the Terms ofReference at a subsequent Council meeting.

EXECUTIVE SUMMARY:

It is staff’s recommendation that the attached Terms of Reference for the RecreationMaster Plan Implementation Committee be approved by Council.

It is staff’s recommendation that the following six (6) applicants be approved by Counciland appointed to the Recreation Master Plan Implementation Committee:

1. Tracy-Lynn Bell2. Terry Gilmore3. John MacLellan4. Andrew Mynlieff5. Craig Krueger6. Sheri Read

BACKGROUND:

At its October 25th meeting, Council approved the formation of a Recreation Master PlanImplementation Committee to be comprised of eight members, one being a member of Council,one being the Recreation Leadhand (Township staff), two being representatives of sportsorganizations, and the remaining four to be representatives from the community at large. It wasfurther recommended that the Township staff member be a non-voting member while theremaining members have full voting privileges.

PWSR-023/2011 2011 11 22Page 2

Alderman Wyatt volunteered to fill the role of member of Council and spearhead thiscommittee, and was approved by Council on October 25th, 2011. Staff began the process ofadvertising for the remaining aforementioned community members in local newspapers and onthe Township website. Staff also began the development of the Terms of Reference for saidCommittee.

In total, six (6) applications were received from the community.


One of the above candidates is not a Wainfleet resident however, they do represent theWainfleet chapter of a sports group and as such are within the scope of candidate qualificationrequirements for this committee.

Those community members approved by Council will be notified by the Director ofOperations.


It is staff’s recommendation that, as stipulated in the attached Terms of Reference,committee members not be compensated for their time.

Applicable expenses resulting from this committee are anticipated to be: Advertising costs Travel, out-of-pocket expenses, and/or administrative fees incurred by the

committee Additional staff time for the Recreation Leadhand to attend the meetings Additional staff time for an Administrative Assistant to attend the meetings for

the purpose of recording minutes if so requested

OTHERS CONSULTED:

None.

ATTACHMENT(S):

1. Appendix “A” – Terms of Reference



Appendix “A”

Terms of Reference

Township of WainfleetRecreation 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 Members1 – Township Councillor2 – Representatives from sports organizations4 – Representatives from the community at large

Non-Voting membersRecreation 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.

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 some timebetween meetings to working informally with Township staff when circumstanceswarrant.

b) No committee member may serve as Chair for more then 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.

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.





SUBJECT: Recommendation for Contaminated Soil Remediation for former FuelTank Area

RECOMMENDATION(S):


THAT Council approve the chemical injection method (described as Option #2 below) asthe means of remediating the contaminated soils encountered at the site of the formerunderground fuel tanks;

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

EXECUTIVE SUMMARY:

While carrying out the underground fuel tank replacement project, our contractorencountered contaminated soils in the excavation of the former underground fuel tank nest.Staff is recommending that the contamination be remediated by Chemical Injection method at acost of approximately $10,000. This method posses some risks in terms of not achieving fullsuccess.

BACKGROUND:

As approved by Council on August 16, 2011, staff engaged the services of a contractor,Gabriel Maintenance Ltd., to replace the underground fuel storage tanks. The contract was alump sum for the removal of the existing underground storage tanks, supply, construction, andinstallation of aboveground storage tanks and supply and installation of a fuel monitoringsystem. The lump sum fee did not include removal of contaminated soils, backfilling oradditional soils testing.

Removal of the old underground tanks and installation of new aboveground tanks arenow complete. Chemical testing of the soils encountered in the excavation of the old tank nesthas revealed petroleum hydrocarbon contamination. The contamination is most likely the resultof many years of minor spillage from tank refilling and dispensing activities. Contamination mayalso have been from historical tank leakage.

Our contractor and his environmental consultant have estimated the quantity ofcontaminated soils to be at or in excess of 200 Tons.

PWSR-024/2011 2011 11 22Page 2

The contractor and his consultant have advised us of two different options forremediation as follows:

1) That the contaminated soils be excavated and transported to a landfill facility that willaccept such waste (method known in the industry as “Dig & Dump”) and the excavationbe backfilled with clean suitable fill. The estimated fee for this option is in the range of$30,000 to $40,000, or

2) The contaminated soils undergo ‘chemical injection’ (known technically as In-SituChemical Oxidation). This method involves the mixing of a chemical additive (anoxidant) to the contaminated soils to cause oxidation that results in the direct destruction(decomposition) of petroleum hydrocarbons. The estimated cost for this method isapproximately $10,000.

Cost estimates for both of the above methods include chemical testing work.

A third option is for the Township to leave the petroleum hydrocarbon contaminated soilsin place and backfill the remainder of the excavation with suitable fill. The cost of this optionwould be negligible relative to the other options.


The first option, removal of the contaminated soils, achieves full success in mitigatingthe problem as all contaminated soils are excavated and moved off site. Removal ofcontaminated soils continues until no further evidence of contamination is observed. This optionis also the most costly.

The second option, chemical injection, although considerably less expensive, does notguarantee full success. Due to its reliance on chemical reactions occurring within the soils, thismethod runs the risk of not achieving complete decomposition of the contaminant and onlypartially reaching the intended goal. Despite the aforementioned risk, the environmentalconsultant involved on this project is hopeful of good results with this method but offers noguarantee.

The third and final option, to do nothing, would involve leaving the contaminated soils inplace. Current regulations do not dictate that the contaminated soils must be removed if: 1) theusage of the impacted area is not changing (i.e. the area will continue to be used for fueldispensing), and 2) there is no risk of the contaminant migrating off site and contaminatingneighbouring properties or water sources. Condition 1 is true in this case and, although furtherconfirmation may be required, Condition 2 is most likely also true at this site.

Under this third option, the petroleum hydrocarbon contaminants would remain in thesoils for decades and most likely require clean up by future users/owners.

Upon consideration of all of the options, it is staff’s recommendation that Option #2,chemical injection, would best serve the Township’s needs.


Option #1, removal of the contaminated soils, is estimated to cost approximately$30,000 to $40,000. Option #2, chemical Injection, is estimated to cost approximately $10,000.and the third option, to do nothing, would most likely cost less than $1,000.

PWSR-024/2011 2011 11 22Page 3

All options are estimates and the exact costs will not be known until the work isundertaken.

OTHERS CONSULTED:

The contractor’s environmental consultant was consulted on this matter.

ATTACHMENT(S):

None.



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.



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 XX DAY OF_______________, 20XX.

A. Jeffs, MAYOR

T. Lamb, CLERK



BY-LAW NO. 035-2011

Being a by-law to appoint members tothe Wainfleet Youth 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.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF__________, 20XX.

A. Jeffs, MAYOR

T. Lamb, CLERK



BYLAW NO. 031-2011

Being a bylaw to amend Bylaw No. 021-2010 being a bylaw togovern the proceedings of the Township of Wainfleet Council, theconduct of its Members and the calling of meetings.

WHEREAS Subsection 238 (2) of the Municipal Act, S.O. 2001, c. 25, as amended,provides that every municipality and local board shall adopt a procedure bylaw for governing thecalling, place and proceedings of meetings;

AND WHEREAS the Council for the Township of Wainfleet deems it necessary toamend Bylaw No. 021-2010 being the Township of Wainfleet Procedure Bylaw;


1. THAT subsection 5.12 be deleted and replaced by the following:

Role of Deputy Mayor

(a) Council by way of resolution shall appoint a Deputy Mayor whoshall be a Member of Council to act in the place of the Mayorwhen the Mayor is absent or refuses to act or the office is vacantand while so acting, such Deputy Mayor shall have all the powersand duties of the Mayor.

(b) The Deputy Mayor shall serve as Presiding Officer over Meetingsof Council and any other Committee established by Council andcomprised of all Members of Council.

(c) The Deputy Mayor shall serve a Presiding Officer over anyCommittee Meetings in the absence of the Chair of suchCommittee.

(d) The position of Deputy Mayor shall rotate on a yearly basisstarting in alphabetical order of the Alderman’s last name.

(e) Subject to the provisions of the Act, in case that the Mayor andDeputy Mayor do not attend within ten (10) minutes after the timeappointed for a meeting of Council, the Clerk shall call theMembers to order and an Acting Mayor shall be appointed fromamong the Members present and shall preside until the arrival ofthe Mayor or Deputy Mayor and while so presiding the ActingMayor shall have all the powers of the Mayor.

2. AND THAT subsection 12.1 (xviii) be amended to read ‘Bylaw to Confirm theProceeding of Council’ and that the subsequent subsection be renumberedaccordingly

3. AND THAT subsection 15.7 be amended to read as follows : The third readingof any bylaw shall be considered at a meeting subsequent to the first and secondreading of the same bylaw save and except the confirming bylaw.

4. AND THAT this bylaw shall come into force and take effect upon the day of itspassage.

BYLAW READ A FIRST TIME THIS 8th DAY OF NOVEMBER, 2011.

BYLAW READ A SECOND TIME THIS 8th DAY OF NOVEMBER, 2011.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 22nd DAY OF NOVEMBER, 2011.

A. Jeffs, MAYOR

T. Lamb, CLERK