august 16, 2011 wainfleet council agenda

C15/11

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET

REGULAR MEETING OF COUNCIL AGENDA

TUESDAY, AUGUST 16TH, 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. PresentationsNone.

6. Public HearingsNone.

7. Delegationsa) Mr. Robert Benner Re: Construction of Stairs on Unopened Road Allowance

Between Lot 1 and 2 Concession 1

b) Mr. Rodger Grant Re: Access of Unopened Road Allowance Between Lot 1 and2 Concession 1

8. Business Arising from Delegations

9. Mayor’s Announcements & Remarks

10. Adoption of the Minutesa) Minutes of the Regular Meeting of Council held on July 19, 2011.

11. Staff Reports and Recommendationsa) Planning Staff Reports

None.

b) Administration Staff Reportsi) ASR-011/2011 Re: 2010 Auditors Report and 2010 Draft Financial

Report

Township of WainfleetCouncil Meeting Agenda August 16th, 2011

ii) ASR-012/2011 Re: Development Charges Bylaw

iii) ASR-013/2011 Re: Ontario Regulation 284/09 and Public SectorAccounting Board (PSAB) Standards

iv) ASR-014/2011 Re: Establishing a Wainfleet Community Fund

v) ASR-015/2011 Re: Wainfleet Youth Committee

c) Drainage Staff ReportsNone.

d) Building Staff Reportsi) BSR-009/2011 Re: Building Permit Report – July 2011

e) Public Works Staff Reportsi) PWR-015/2011 Re: Recommendation for Underground Storage Tank

Replacement Contractor

f) Fire Staff ReportsNone.

e) Bylaw Enforcement Staff ReportsNone.

12. Review of Correspondence

13. Bylaws

First & Second Readinga) Bylaw No. 024-2011 being a bylaw to establish Development Charges in the

Township of Wainfleet.

b) Bylaw No. 025-2011 being a bylaw to appoint members to the Drainage AdvisoryCommittee.

Third & Final Readinga) Bylaw No. 024-2011 being a bylaw to establish Development Charges in the


14. Notices of Motion

15. Proclamations

16. Other Business

17. Closed Meeting

a) Adoption of Minutes of the In-Camera Meeting of Council for 2011 07 19.

Township of WainfleetCouncil Meeting Agenda August 16th, 2011

b) Items under Section 239 (2) (c) of the Municipal Act, 2001, a proposed orpending acquisition or disposition of land by the municipality or local board–potential acquisition of land and a private road (2 items).

c) Item under Section 239 (2) (d) of the Municipal Act, 2001, labour relations oremployee negotiations – follow-up on employee contract renewal (1 item)

18. Adjournment of Meeting

Township of WainfleetCouncil Meeting Agenda August 16th, 2011 Page 2

ii) ASR-012/2011 Re: Development Charges Bylaw

iii) ASR-013/2011 Re: Ontario Regulation 284/09 and Public SectorAccounting Board (PSAB) Standards

iv) ASR-014/2011 Re: Establishing a Wainfleet Community Fund

v) ASR-015/2011 Re: Wainfleet Youth Committee

c) Drainage Staff ReportsNone.

d) Building Staff Reportsi) BSR-009/2011 Re: Building Permit Report – July 2011

e) Public Works Staff Reportsi) PWR-015/2011 Re: Recommendation for Underground Storage Tank

Replacement Contractor


e) Bylaw Enforcement Staff ReportsNone.

12. Review of Correspondence

13. Bylaws

First & Second Readinga) Bylaw No. 024-2011 being a bylaw to establish Development Charges in the


b) Bylaw No. 025-2011 being a bylaw to appoint members to the Drainage AdvisoryCommittee.

Third & Final Readinga) Bylaw No. 024-2011 being a bylaw to establish Development Charges in the


14. Notices of Motion

15. Proclamations

16. Other Business

17. Closed Meeting

a) Adoption of Minutes of the In-Camera Meeting of Council for 2011 07 19.

Township of WainfleetCouncil Meeting Agenda August 16th, 2011 Page 3


c) Item under Section 239 (2) (d) of the Municipal Act, 2001, labour relations oremployee negotiations – follow-up on employee contract renewal (1 item)

18. Adjournment of Meeting

C14/11

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, July 19th, 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 Mayor Jeffs.

2. NATIONAL ANTHEM

3. OPENING PRAYERAlderman David Wyatt delivered the opening prayer.

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

Resolution No. C-177-2011

Moved by Ted HesselsSeconded by David Wyatt

“THAT PWR-013/2011 be addressed prior to the Planning Staff Reports;

AND THAT the agenda for the July 19th, 2011 regular meeting of Council be amendedby adding the following item under Closed Meeting:

d) Item under Section 239 (2) (d) labour relations or employee negotiations –employee contract renewal (1 item).”

CARRIED.

5. PUBLIC HEARINGSNone.

Township of WainfleetCouncil Meeting Minutes, July 19th, 2011 Page 2

6. DELEGATIONS

a) Mrs. Vicki Truman provided Council with a brief summary with regard to zoningapplication (Z-07-2010) being considered under PSR-014/2011 and requested Council’ssupport by approving their zoning amendment.

Mrs. Truman’s speaking notes are enclosed in the July 19th Council meeting folder.

7. BUSINESS ARISING FROM DELEGATIONSThere was no business arising from the delegations.

8. PRESENTATIONS

a) Mr. Guy Gaveline presented Wainfleet Council with the 2010 Ontario EconomicDevelopment Award of Merit.

b) Mr. Fred Galloway presented the finalized Recreation Master Plan to Council. Acopy of the presentation is attached and forming part of the minutes.

9. MAYOR’S ANNOUNCEMENTS & REMARKSThe Mayor’s comments are enclosed in the July 19th Council Meeting folder.

10. ADOPTION OF THE MINUTES

a) Minutes of the Regular Meeting of Council held on June 28, 2011


Moved by David WyattSeconded by Ted Hessels

“THAT the minutes of the Regular Council meeting held on June 28, 2011 beadopted as circulated.”

CARRIED.

11. STAFF REPORTS AND RECOMMENDATIONS

a) Planning Staff Reports

i) PSR-014/2011 Re: Application for Zoning Bylaw Amendment FileZ-07-2010 Mark Truman, owner Vicki Truman, agent 10451 LakeshoreRoad (Part of Lot 21, Plan 733)

RECOMMENDATION(S):

THAT this report be received;

THAT Council approve amending Zoning By-law attached as Appendix“F” to this report;


AND THAT pursuant to the provisions of Section 34 (17) of the PlanningAct, Council determine that no further “notice” of the proposed bylaw isrequired;

AND THAT the owner (Mark Truman) and the agent (Vicki Truman) be soinformed.


Moved by Richard DykstraSeconded by David Wyatt

“THAT Planning Staff Report PSR-014/2011 Re: Application for ZoningBylaw Amendment File Z-07-2010 Mark Truman, owner Vicki Truman,agent 10451 Lakeshore Road (Part of Lot 21, Plan 733) and therecommendations contained therein be adopted as circulated.”

DEFEATED.

b) Administration Staff Reports

i) ASR-010/2011 Re: Legal Services RFP

RECOMMENDATION(S):

THAT this report be received for information;

THAT Council appoint Daniel & Partners, LLP to act as the MunicipalSolicitors for the Township of Wainfleet;

THAT Council forward a letter to Sullivan Mahoney, LLP thanking themfor their years of service to the Township of Wainfleet.


Moved by Betty KoncSeconded by David Wyatt

“THAT Administration Staff Report ASR-010/2011 Re: Legal ServicesRFP and the recommendations contained therein be adopted ascirculated.”

CARRIED.

c) Drainage Staff Reports

i) DSR-002/2011 Re: 2010/2011 Drainage Program.

RECOMMENDATION(S):

THAT this report be received for information.



Moved by Richard DykstraSeconded by Ted Hessels

“THAT Drainage Staff Report DSR-002/2011 Re: 2010/2011 DrainageProgram and the recommendation contained therein be adopted ascirculated.”

CARRIED.

ii) DSR-003/2011 Re: Drainage Advisory Committee Appointments

RECOMMENDATION(S):


THAT Council review and select five members to comprise the DrainageAdvisory Committee;

AND THAT Council pass a bylaw appointing the five members at asubsequent Council meeting.


Moved by Ted HesselsSeconded by Betty Konc

“THAT Drainage Staff Report DSR-003/2011 Re Drainage AdvisoryCommittee Appointments and the recommendations contained therein beadopted as circulated.”


Moved by Richard DykstraSeconded by Ted Hessels

“THAT Applicant No. 7 be appointed to the Drainage AdvisoryCommittee.”

CARRIED.


Moved by David WyattSeconded by Richard Dykstra


CARRIED.



Moved by Richard DykstraSeconded by David Wyatt


CARRIED.




DEFEATED.




CARRIED.


Moved by Ted HesselsSeconded by Richard Dykstra


CARRIED.



“THAT Applicants Lennie Aarts, John Sonneveld, Frank deRuyte, MattHenderson and Bert Schertzing be appointed to the Drainage AdvisoryCommittee and be so notified.”

CARRIED.


d) Building Staff Reports

i) BSR-008/2011 Re: Building Permit Report – June 2011

RECOMMENDATION(S):




“THAT Building Staff Report BSR-008/2011 Re Building Permit Report –June 2011 and the recommendation contained therein be adopted ascirculated.”

CARRIED.

e) Public Works Staff Reports

i) PWR-012/2011 Re: Recommendation to Replace Roof on East PublicWorks Garage Building

RECOMMENDATION(S):


THAT Council approve the replacement of the East Public WorksGarage Building roof;

AND THAT Council approve use of monies from the General Reserve tofund this project.



“THAT Public Works Staff Report PWR-012/2011 Re: Recommendationto Replace Roof on East Public Works Garage Building and therecommendations contained therein be adopted as circulated.”

CARRIED.

ii) PWR-013/2011 Re: Recommendation to Adopt Recreation Master Plan

RECOMMENDATION(S):



THAT Council adopt the Recreation Master Plan prepared and presentedby F.J. Galloway Associates Inc.;

AND THAT Council direct staff to begin implementation of therecommendations set out in the Recreation Master Plan.


Moved by Richard DykstraSeconded by Betty Konc

“THAT Public Works Staff Report PWR-013/2011 Re: Recommendationto Adopt Recreation Master Plan and the recommendations containedtherein be adopted as circulated.”

CARRIED.

iii) PWR-014/2011 Re: On-Site Sewage System Program Update to Council

RECOMMENDATION(S):


Mr. Wuisman provided a brief PowerPoint presentation to Council and thepublic which outlined the on-site sewage system program.

A copy of the presentation is enclosed in the July 19th, Council meetingfolder.


Moved by Betty KoncSeconded by Richard Dykstra

“THAT Public Works Staff Report PWR-014/2011 Re: On-Site SewageSystem Program Update to Council and the recommendations containedtherein be adopted as circulated.”

CARRIED.



“THAT the Director of Operations be directed to proceed with a three yearon-site sewage system inspection frequency;

AND THAT the Township of Wainfleet only inspect on-site sewagesystems in the Boil Water Advisory Area.”

CARRIED AS AMENDED (see below).


Alderman Dykstra withdrew his amending motion to exempt recent realestate transactions.


Moved by David WyattSeconded by Betty Konc

“THAT the additional clauses be inserted:

AND THAT staff be directed to include mandatory on-site sewage systeminspections when properties change hands through real estatetransactions in the program design;

AND THAT these inspections shall take the place of regularly scheduledinspections.”

CARRIED.


Moved by April JeffsSeconded by Betty Konc

“THAT Council takes a five-minute recess.”CARRIED.

Council recessed at 9:08 p.m.

Council reconvened at 9:14 p.m.


e) Bylaw Enforcement Staff Reports

i) BESR-001/2011 Re: Summary of Complaints January to June, 2011 and2nd Quarter Report

RECOMMENDATION(S):

THAT this report be received for information purposes.



“THAT Bylaw Enforcement Staff Report BESR-001/2011 Re: Summary ofComplaints January to June, 2011 and 2nd Quarter Report and therecommendations contained therein be adopted as circulated.”

CARRIED.


12. REVIEW OF CORRESPONDENCE



“THAT the report of the correspondence to Council dated July 19th, 2011 and therecommendations contained therein be adopted as amended.”

CARRIED AS AMENDED (see below).


Moved by Richard DykstraSeconded by Betty Konc

“THAT the recommendation of correspondence item no. 148 be amended to thefollowing:

THAT the Director of Operations be directed to complete and submit anapplication for Play Works – Youth Friendly Community Recognition Program 2011 onbehalf of Wainfleet Council.”

CARRIED.

CORRESPONDENCE REFERRED TO COUNCIL 2011 07 19

143. From the Town of Niagara on the Lake requesting support for its resolution whichurges the Minister of Energy, the Renewable Energy Facilitation Office, and FIT FundSolar Corporation to amend the Green Energy Act and Regulation to allowmunicipalities to use Planning Act tools to regulate the installation of Class 2 ground-mounted solar facilities in urban areas. A copy of this piece of correspondence hasbeen circulated to each member of Council and the Manager of Planning. REC. –support resolution.

144. From the Regional Clerk’s Department enclosing report ICP 49-2011 regarding theUpdate of the Water Resources Policies in the Regional Policy. REC. – receive forinformation.

145. From the Regional Clerk’s Department enclosing report ICP 46-2011 regarding theUpdate on Comprehensive Local Official Plan Conformity and New Official Plans. Acopy of this piece of correspondence has been circulated to each member ofCouncil and the Manager of Planning. REC. – receive for information.

146. From Ms. Christine Heffer requesting support of the Lyme disease petition set forth byBob Bailey of Sarnia Lambton. The purpose of the petition is to help raise awarenessabout Lyme disease within the province. A copy of this piece of correspondence hasbeen circulated to each member of Council. REC. – support petition.

147. From Stantec Consulting enclosing Notice of a Proposal to Engage in a RenewableEnergy Project for the proposed Niagara Region Wind Project to be located within


Haldimand County and the Niagara Region. A copy of this piece of correspondencehas been circulated to each member of Council and the Manager of Planning. REC.– receive for information.

148. From Play Works enclosing information as to how your community can be recognizedas “youth friendly”. A copy of this piece of correspondence has been circulated toeach member of Council. REC. – refer to Council refer to the Director of Operations tocomplete and submit an application form on behalf of Wainfleet Council.

149. From the Regional Clerk’s Department enclosing report ICP 52-2011 regardingComments on the Proposed Regulation: Energy Conservation Plans for PublicAgencies. A copy of this piece of correspondence has been circulated to eachmember of Council. REC. – receive for information.

150. From Ms. Bonnie VanGeytenbeek, on behalf of Smithville District Christian Highfundraising committee, requesting that the ball diamond rental rate for their upcomingbaseball tournament be reduced or waived. A copy of this piece of correspondencehas been circulated to each member of Council, the Treasurer and the Director ofPublic Works. REC. – waive rental rate.

151. From the City of Port Colborne addressing concerns with regard to the renaming ofTownline Road. A copy of this piece of correspondence has been circulated to eachmember of Council and the Manager of Planning. REC. – receive for information, referto staff.

Unregistered

Lake Erie Lakewide Management Plan – Annual Report 2011

Niagara Region – News Release “Dr Valerie Jaeger appointed Acting Medical Officer of Health

13. BYLAWS

First & Second ReadingNone.

Third & Final Reading



“THAT the following bylaw be now read a third time and finally passed this 19th day ofJuly, 2011:

Bylaw No. 023-2011 being a bylaw to amend Bylaw No. 021-2010 being a bylaw togovern the proceedings of the Township of Wainfleet Council, the conduct of itsMembers and the calling of meetings.”

CARRIED.


14. NOTICE OF MOTIONThere were no notices of motion.

15. PROCLAMATIONS

a) Chronic Lyme Disease Petition



“WHEREAS, the tick-borne illness known as Chronic Lyme Disease, whichmimics many catastrophic illnesses, such as Multiple Sclerosis, Crohn’s,Alzheimer’s, arthritic diabetes, depression, Chronic Fatigue and Fibromyalgia isincreasingly endemic in Canada, but the scientifically validated diagnostic testsand treatment choices are currently not available in Ontario, forcing patients toseek these in the USA and Europe;

WHEREAS, the Canadian Medical Association informed the public,governments, and the medical profession in May 30, 2000 edition of theirprofessional journal that Lyme Disease is endemic throughout Canada,particularly in Southern Ontario;

WHEREAS, the Ontario Public Health system and the Ontario Health InsurancePlan currently do not fund those specific tests that accurately serve the processfor establishing a clinical diagnosis, but only recognize testing procedures knownin the medical literature to provide false negatives 45 to 95% of the time;

NOW THEREFORE, Council for the Township of Wainfleet hereby petitions thelegislative assembly of Ontario to request the Minister of Health to direct theOntario Public Health system and OHIP to include all currently available andscientifically verified tests for Acute and Chronic Lyme diagnosis, to doeverything necessary to create public awareness of Lyme Disease in Ontario,and to have internationally developed diagnostic and successful treatmentprotocols available to patients and physicians.”

CARRIED.

16. OTHER BUSINESS

a) Alderman Konc noted the following:

i) The Chamber of Commerce wishes to extend their gratitude to WainfleetCouncil for participating in recent Chamber functions.

ii) Concerns from the public are still present regarding the state of GolfCourse Road. Mr. Wuisman provided a quick update on the condition of the road, notingthat the Contractor is aware of the concerns expressed by Council and the public andwill be examining the road and making any necessary repairs. Mr. Wuisman alsoinformed Council that work completed by the contractor has a one-year warranty.


In response to questions raised by Council, Mr. Wuisman provided a detailedcost comparison of tar and chip versus shave and pave.

iii) General discussion took place concerning a motion that was made duringthe Council meeting of February 22nd, 2011, which placed a temporary halt on sales ofthe abandoned rail corridor.

Alderman Dykstra declared a direct pecuniary interest as he owns propertyabutting the abandoned railway corridor. Alderman Dykstra vacated his seat around thedais and did not participate in the discussion of, or voting on, these matters.


Moved by Betty KoncSeconded by Ted Hessels

“THAT the temporary halt on sales of the abandoned railway corridor be lifted.”

DEFEATED.

Alderman Dykstra returned to his seat.



“THAT Procedural Bylaw No. 021-2010 Section 5.13 dictates that Council meetings shallstand adjourned at 11:00 p.m.;

AND THAT business may be continued upon a resolution passed by unanimous vote;

NOW THEREFORE, the Council for the Township of Wainfleet hereby moves that thismeeting of Council be extended beyond its 11:00 p.m. curfew.”

CARRIED.

17. CLOSED MEETING



“THAT Council now move in closed session to discuss the following items:

a) Adoption of Minutes of the In-Camera Meeting of Council for 2011 05 10 and2011 06 28.



c) Item under Section 239 (2) (f) of the Municipal Act, 2001, advice that is subject tosolicitor-client privilege, including communications necessary for that purpose –follow-up to staff direction regarding an application under the Line Fences Act (1item).

d) Item under Section 239 (2) (b) (d) labour relations or employee negotiationspersonal matters about an identifiable individual, including municipal or localboard employees – employee contract renewal (1 item).”

CARRIED.

Council reconvened at 11:54 p.m. without report. There were no members of the publicor press present at the time of reconvening.

18. ADJOURNMENT


Moved by David WyattSeconded by Betty Konc

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

Council adjourned at 11:56 p.m.

A. Jeffs, MAYOR

T. Lamb, CLERK

ADMINISTRATION STAFF REPORT ASR-011/2011

TO: Mayor Jeffs & Members of Council

FROM: R. Madere, Treasurer

DATE OF MEETING: August 16, 2011

SUBJECT: 2010 Auditors Report and 2010 Draft Financial Report

RECOMMENDATION(S):


THAT the 2010 Auditors’ Report to Council – Communication of Audit Results bereceived for information;

AND THAT Council approve the 2010 Draft Financial Report.

EXECUTIVE SUMMARY:

Under the new Canadian Audit Standards, the draft financial statements need to beapproved by Council before the auditors can issue their final report.

BACKGROUND:

The attached draft Financial Report is prepared on an accrual basis whereas theTownship’s budget is prepared on a cash basis. The major differences are with respect to thetreatment of capital asset expenditures, amortization, long-term debt payments and employeefuture benefits.

OPTIONS/DISCUSSION:None

FINANCIAL CONSIDERATIONS:None

OTHERS CONSULTED:None

ATTACHMENTS:

1. Appendix “A” - Report to Council – Communication of Audit Results (via email)2. Appendix “B” - 2010 Draft Financial Report for the Township of Wainfleet (via email)

Respectfully submitted by, Approved by,

Robyn Madere Scott LueyTreasurer Chief Administrative Officer

2010 AUDITORS REPORT AND THE 2010 DRAFTFINANCIAL REPORT HAVE BEEN CIRCULATED TOEACH MEMBER OF COUNCIL.





SUBJECT: Development Charges Bylaw

RECOMMENDATION(S):


AND THAT Council approve the Development Charges Bylaw attached as Appendix “B”to this report;

AND THAT Council waive section 15.7 of the Procedure Bylaw and pass the attachedBylaw (Appendix “B”) – a bylaw for the imposition of Development Charges.

EXECUTIVE SUMMARY:

This is a report to provide a recommendation to Council regarding the approval ofproposed development charges bylaw (Appendix “B”). The proposed “development chargesbylaw” would impose development charges against land to pay for increased capital costsrequired because of increased needs for service. A statutory public meeting was held by Councilon June 28th, 2011. Notice for the public meeting was in accordance with the DevelopmentCharges Act, 1997, requirements. Staff is recommending approval of the Development ChargesBylaw attached as Appendix “B” to this report.

BACKGROUND:

On June 28th, 2011, a statutory public meeting was held by Council. Watson &Associates made a presentation to Council with respect to Development Charge BackgroundStudy. Council requested that changes be made to the original proposed charges to includewind turbines. The Addendum Report is attached as Appendix “A”. Two delegates spoke onthe proposed development charges. Since the meeting no other comments were received fromthe public.

OPTIONS/DISCUSSION:

Within one year of completing the DC background study, council is required to pass abylaw. No development charges can be levied until the date of passage. It is recommendedthat council pass the bylaw during this meeting.

Once the bylaw has been passed, a notice of passage must be given within 20 days.The notice will include the last day of appeal, which is 40 days after the date of passage.

ASR-012/2011 2011 08 16Page 2

FINANCIAL CONSIDERATIONS:

Once the bylaw has been passed, development charges collected will be held in sixseparate reserve funds. These funds will be available for future capital expenditures asdetermined in the Development Charges Act.

OTHERS CONSULTED:

Watson & Associates Economists Ltd.

ATTACHMENTS:

1. Addendum to Development Charge Background Study (Appendix “A”)2. Proposed Bylaw No. XXX-2011 – Being a bylaw to establish Development Charges

(Appendix “B”)



APPENDIX “A”

APPENDIX “B”

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. XXX-2011

Being a bylaw to establish Development Charges in theTownship of Wainfleet.

WHEREAS the Development Charges Act, 1997 (the “Act”) provides that the Council of amunicipality may by bylaw, impose development charges against land to pay for increased capitalcosts required because of increased needs for services;

AND WHEREAS a development charge background study has been completed inaccordance with the Act;

AND WHEREAS the Council of the Township of Wainfleet has given notice and held a publicmeeting on the day of June 28, 2011 in accordance with the Act and the regulations thereto;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF WAINFLEET HEREBYENACTS AS FOLLOWS:

1.0 DEFINITIONS

1.1 In this bylaw, “Act” means the Development Charges Act, 1997, as amended, or anysuccessor thereto;

“accessory use” means when used to describe a use, building or structure, thatthe use, building or structure is naturally and normally incidental, subordinate inpurpose of floor area or both, and exclusively devoted to a principal use, building orstructure;

“apartment unit” means any residential dwelling unit within a building containingthree or more dwelling units where access to each residential unit is obtained through acommon entrance or entrances from the street level and the residential units areconnected by an interior corridor;

“bedroom” means a habitable room larger than seven square metres, including aden, study or other similar area, but does not include a living room, dining room orkitchen;

“benefiting area” means an area defined by a map, plan or legal description in afront-ending agreement as an area that will receive a benefit from the construction ofa service;

“board of education” has the same meaning as that specified in the Education Actor any successor thereto;

“Building Code Act” means the Building Code Act, 1992, as amended; or anysuccessor thereto;

“capital cost” means costs incurred or proposed to be incurred by the municipalityor a local board thereof directly or by others on behalf of and as authorized by themunicipality or local board, to acquire land or an interest in land, including a leasehold interest;

BYLAW NO. XXX-2011 Page 2

to improve land; to acquire, lease, construct or improve buildings and structures; to acquire, construct or improve facilities including:

o furniture and equipment other than computer equipment; ando materials acquired for circulation, reference or information purposes by a

library board as defined in the Public Libraries Act; ando rolling stock with an estimated useful life of seven years or more, and

to undertake studies in connection with any matter under the Act and any of thematters in clauses (a) to (d), including the development charge background studyrequired for the provision of services designated in this bylaw within or outside themunicipality, including interest on borrowing for those expenditures under clauses(a), (b), (c) and (d) that are growth-related;

“commercial” means any non-residential development not defined under“institutional” or “industrial”;

“council” means the Council of the municipality;

“development” means the construction, erection or placing of one or more buildingsor structures on land or the making of an addition or alteration to a building orstructure that has the effect of increasing the size or usability thereof, and includesredevelopment;

“development charge” means a charge imposed with respect to this bylaw;

“dwelling unit” means any part of a building or structure used, designed or intendedto be used as a domestic establishment in which one or more persons may sleepand are provided with culinary and sanitary facilities for their exclusive use;

“existing industrial building” means a building or buildings existing on site in theCity of Sarnia on the day this bylaw comes into effect or the first building constructedand occupied on a vacant site pursuant to site plan approval under Section 41 of thePlanning Act, R.S.O. c.P.13 of the Planning Act subsequent to this bylaw coming toeffect for which fill development charges were paid, and is being used for or inconjunction with,

(i) the production, compounding, processing, packaging, crating, bottling, packing orassembling of raw or semi-processed goods or materials in not less than seventy-fivepercent of the total gross floor area of the building or buildings on a site(“manufacturing”) or warehousing related to the manufacturing use carried on in thebuilding or buildings;

(ii) research or development in connection with manufacturing in not less than seventy-five percent of the total gross floor area of the building or buildings on a site;

(iii) retail sales by a manufacturer, if the retail sales are at the site where themanufacturing is carried out, such retail sales are restricted to goods manufacturedat the site, and the building or part of a building where such retail sales are carriedout does not constitute greater than twenty-five percent of the total gross floor area ofthe building or buildings on the site; or

(iv) office or administrative purposes, if they are,(1) carried out with respect to manufacturing or warehousing; and(2) in or attached to the building or structure used for such manufacturing or

warehousing;

“farm building” means that part of a bona fide farming operation encompassing barns,


silos and other ancillary development to an agricultural use, but excluding aresidential use and would include wholesale greenhouse facilities and structures;

“grade” means the average level of finished ground adjoining a building or structureat all exterior walls;

“gross floor area” means the total area of all floors above grade of a dwelling unitmeasured between the outside surfaces of exterior walls or between the outsidesurfaces of exterior walls and the centre line of party walls dividing the dwelling unitfrom other dwelling units or other portion of a building;

In the case of a non-residential building or structure, or in the case of a mixed-usebuilding or structure in respect of the non-residential portion thereof, the total area ofall building floors above or below grade measured between the outside surfaces ofthe exterior walls, or between the outside surfaces of exterior walls and the centreline of party walls dividing a non-residential use and a residential use, except for: a room or enclosed area within the building or structure above or below grade that is

used exclusively for the accommodation of heating, cooling, ventilating, electrical,mechanical or telecommunications equipment that service the building;

loading facilities above or below grade; and a part of the building or structure below grade that is used for the parking of motor

vehicles or for storage or other accessory use;

“industrial” means lands, buildings or structures used or designed or intended foruse for manufacturing, processing, fabricating or assembly of raw goods, warehousing orbulk storage of goods, and includes office uses and the sale of commodities to thegeneral public where such uses are accessory to an industrial use, but does not includethe sale of commodities to the general public through a warehouse club;

“institutional” means lands, buildings or structures used or designed or intended foruse by an organized body, society or religious group for promoting a public or non-profit purpose and shall include, but without limiting the generality of the foregoing,places of worship, and special care facilities;

“local board” has the same definition as defined in the Development Charges Act;

“local services” means those services, facilities or things which are under thejurisdiction of the municipality and are related to a plan of subdivision or within thearea to which the plan relates in respect of the lands under Sections 41, 51 or 53 ofthe Planning Act as amended or any successor thereto;

“mobile home” means any dwelling that is designed to be made mobile, andconstructed or manufactured to provide a permanent residence for one or morepersons, but does not include a travel trailer or tent trailer;

“multiple dwellings” means all dwellings other than single-detached, semi-detached and apartment house dwellings;

“municipality” means The Corporation of the Township of Wainfleet;

“non-residential use” means a building or structure of any kind whatsoever used,designed or intended to be used for other than a residential use and includes allcommercial, industrial and institutional uses;


“owner” means the owner of land or a person who has made application for anapproval for the development of land upon which a development charge is imposed;

“place of worship” means that part of a building or structure that is exempt fromtaxation as a place of worship under the Assessment Act, as amended or anysuccessor thereto;

“regulation” means any regulation made pursuant to the Act;

“residential use” means land or buildings or structures of any kind whatsoever used,designed or intended to be used as living accommodations for one or moreindividuals;

“semi-detached dwelling” means a dwelling unit in a residential building consistingof two dwelling units having one vertical wall or one horizontal walls, but no other parts,attached or another dwelling unit where the residential units are not connected by aninterior corridor;

“services” (or “service”) means those services designated in Schedule “A” to thisbylaw;

“servicing agreement” means an agreement between a landowner and themunicipality relative to the provision of municipal services to specified lands withinthe municipality;

“single detached dwelling unit” means a residential building consisting of onedwelling unit and not attached to another structure and includes mobile homes;

“wind turbine” means a part of a system that converts energy into electricity, andconsists of a wind turbine, a tower and associated control or conversion electronics.A wind turbine and energy system may be connected to the electricity grid in circuitsat a substation to provide electricity off-site for sale to an electrical utility or otherintermediary.

2.0 DESIGNATION OF SERVICES

2.1 The categories of services for which development charges are imposed under this bylaware as follows:

(a) services related to a highway;

(b) other transportation services;

(c) fire protection services;

(d) administration services;

(e) outdoor recreation;

(f) indoor recreation services; and

(g) library services.

2.2 The components of the services designated in subsection 2.1 are described inSchedule A.


3.0 APPLICATION OF BYLAW RULES

3.1 Development charges shall be payable in the amounts set out in this bylaw where:

(a) the lands are located in the area described in subsection 3.2; and

(b) the development of the lands requires any of the approvals set out insubsection 3.4(a).

Area to Which Bylaw Applies

3.2 Subject to subsection 3.3, this bylaw applies to all lands in the geographic areaof the Township of Wainfleet.

3.3 This bylaw shall not apply to lands that are owned by and used for the purposesof:

(a) the Township of Wainfleet or a local board thereof;

(b) a board as defined in section 1(1) of the Education Act;

(c) the Region of Niagara or a local board thereof.

Approvals for Development

3.4 (a) Development charges shall be imposed on all lands, buildings orstructures that are developed for residential or non-residential uses if thedevelopment requires,

(i) the passing of a zoning bylaw or of an amendment to a zoning bylawunder section 34 of the Planning Act;

(ii) the approval of a minor variance under section 45 of the Planning Act;

(iii) a conveyance of land to which a bylaw passed under subsection 50(7)of the Planning Act applies;

(iv) the approval of a plan of subdivision under section 51 of thePlanning Act;

(v) a consent under section 53 of the Planning Act;

(vi) the approval of a description under section 50 of the CondominiumAct; or

(vii) the issuing of a permit under the Building Code Act, 1992 in relationto a building or structure.

(b) No more than one development charge for each service designated insubsection 2.1 shall be imposed upon any lands, buildings or structures towhich this bylaw applies even though two or more of the actions described insubsection 3.4(a) are required before the lands, buildings or structures canbe developed.


(c) Despite subsection 3.4(b), if two or more of the actions described insubsection 3.4(a) occur at different times, additional development chargesshall be imposed if the subsequent action has the effect of increasing theneed for services.

Exemptions

3.5 Notwithstanding the provisions of this bylaw, development charges shall not beimposed with respect to:

(a) a place of worship exempt from taxation under the Assessment Act;

(b) bona fide farm (non-residential) buildings.

3.6 Rules with Respect to an Industrial Expansion Exemption

If a development includes the enlargement of the gross floor area of an existing industrialbuilding, the amount of the development charge that is payable in respect of theenlargement is determined in accordance with the following:

(i) Subject to subsection 3.6(iii), if the gross floor area is enlarged by 50 per cent or lessof the lesser of:(A) the gross floor area of the existing industrial building, or(B) the gross floor area of the existing industrial building before the first

enlargement for which:(i) an exemption from the payment of development charges was

granted, or(ii) a lesser development charge than would otherwise be payable under

this bylaw, or predecessor thereof, was paid,pursuant to Section 4 of the Act and this subsection,the amount of the development charge in respect of the enlargement is zero;

(ii) Subject to subsection 3.6(iii), if the gross floor area is enlarged by more than 50 percent or less of the lesser of:(A) the gross floor area of the existing industrial building, or(B) the gross floor area of the existing industrial building before the first



this bylaw, or predecessor thereof, was paid, pursuant to Section 4 ofthe Act and this subsection, the amount of the development charge inrespect of the enlargement is the amount of the development chargethat would otherwise be payable multiplied by the fraction determinedas follows:

(A) determine the amount by which the enlargement exceeds 50 per cent of thegross floor area before the first enlargement, and

(B) divide the amount determined under subsection (A) by the amount of theenlargement

(iii) For the purposes of calculating the extent to which the gross floor area of an existingindustrial building is enlarged in subsection 3.6(ii), the cumulative gross floor area ofany previous enlargements for which:(A) an exemption from the payment of development charges was granted, or(B) a lesser development charge than would otherwise be payable under this

bylaw, or predecessor thereof, was paid, pursuant to Section 4 of the Act and


this subsection, shall be added to the calculation of the gross floor area of theproposed enlargement.

For the purposes of this subsection, the enlargement must not be attached to the existingindustrial building by means only of a tunnel, bridge, passageway, canopy, shared belowgrade connection, such as a service tunnel, foundation, footing or parking facility.

Amount of Charges

Residential

3.7 The development charges described in Schedule B to this bylaw shall be imposedon residential uses of lands, buildings or structures, including a dwelling unitaccessory to a non-residential use and, in the case of a mixed use building orstructure, on the residential uses in the mixed use building or structure, according tothe type of unit, and calculated with respect to each of the services according to thetype of residential use.

Non-Residential Uses

3.8 The development charges described in Schedule B to this bylaw shall be imposed onnon-residential uses of lands, buildings or structures, and, in the case of a mixed usebuilding or structure, on the non-residential uses in the mixed use building or structure,and calculated with respect to each of the services according to the gross floor area ofthe non-residential use.

Reduction of Development Charges Where Redevelopment

3.9 Despite any other provision of this bylaw, where, as a result of the redevelopment ofland, a building or structure existing on the same land within 60 months prior to thedate of payment of development charges in regard to such redevelopment was, or isto be demolished, in whole or in part, or converted from one principal use to anotherprincipal use on the same land, in order to facilitate the redevelopment, thedevelopment charges otherwise payable with respect to such redevelopment shall bereduced by the following amounts:

(a) in the case of a residential building or structure, or in the case of a mixed-use building or structure, the residential uses in the mixed-use building orstructure, an amount calculated by multiplying the applicable development

charge under subsections 3.5 and 3.6 and of this bylaw by the number, accordingto type, of dwelling units that have been or will be demolished or converted toanother principal use; and provided that such amounts shall not exceed, in total, theamount of the development charges otherwise payable with respect to theredevelopment.

Time of Payment of Development Charges

3.10 Development charges imposed under this section are payable upon issuance of abuilding permit with respect to each dwelling unit, building or structure.


4.0 PAYMENT BY SERVICES

4.1 Despite the payments required under subsection 3.10, Council may, by agreement,give a credit towards a development charge in exchange for work that relates to aservice for which a development charge is imposed under this bylaw.

5.0 INDEXING

5.1 Development charges imposed pursuant to this bylaw shall be adjusted annually, withoutamendment to this bylaw, commencing on the first anniversary date of this bylaw andeach anniversary date thereafter, in accordance with the Statistics Canada QuarterlyConstruction Price Statistics.

6.0 SCHEDULES

6.1 The following schedules to this bylaw form an integral part thereof:

Schedule A - Components of Services Designated in subsection 2.1Schedule B - Residential and Non-Residential Development Charges

7.0 DATE BYLAW IN FORCE

7.1 This bylaw shall come into force on the ____ day _______, 20__.

8.0 DATE BYLAW EXPIRES

8.1 This bylaw will expire on the ___ day _________, 2016, unless it is repealed at an earlierdate.

BYLAW READ A FIRST TIME THIS ____ DAY OF __________, 20__.

BYLAW READ A SECOND TIME THIS ___ DAY OF _________, 20__.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS ___ DAY OF _________, 20__.

_______________________________

A. Jeffs, MAYOR

________________________________

T. Lamb, CLERK

SCHEDULE “A”

TO BYLAW NO. XXX-2011

DESIGNATED MUNICIPAL SERVICES UNDER THIS BYLAW

Municipal-wide Services

1. Services Related to a Highway

Roads, Sidewalks, Streetlights

2. Other Transportation Services

Depots and Domes

Rolling Stock

3. Fire Protection

Fire Stations

Fire Pumpers, Aerials, Tankers, Rescue Vehicles

Small Equipment and Gear

4. Administration

Studies

5. Outdoor Recreation Services

Parkland Development, Amenities and Trails

Parks Vehicles and Equipment

6. Indoor Recreation Services

Recreation Facilities

7. Library Services

Library Facilities

Library Materials

SCHEDULE “B”

TO BYLAW NO. XXX-2011

SCHEDULE OF DEVELOPMENT CHARGES

Single and

Semi-Detached

Dwelling

Apartments - 2

Bedrooms +

Apartments -

Bachelor and 1

Bedroom

Other Multiples

Special

Care/Special

Dwelling Units

(per ft² of Gross

Floor Area)

Wind Turbine-

per Unit

Municipal Wide Services:

Roads and Related 2,671$ 1,572$ 1,034$ 1,792$ 896$ 2.08$ 2,671$

Fire Protection Services 770 453 298 516 258 0.59 770

Outdoor Recreation Services 622 366 241 417 209 0.22 -

Indoor Recreation Services 1,681 989 651 1,128 564 0.58 -

Library Services 493 290 191 331 165 0.17 -

Administration 477 281 185 320 160 0.32 477

Total Municipal Wide Services 6,714 3,951 2,600 4,504 2,252 3.96 3,918

RESIDENTIAL

Service

NON-RESIDENTIAL






SUBJECT: Ontario Regulation 284/09 and Public Sector Accounting Board(PSAB) Standards

RECOMMENDATION(S):

THAT Council approve and adopt this report to meet the requirements of OntarioRegulation 284/09 with respect to expenses that have been excluded from the 2011budget.

EXECUTIVE SUMMARY:

In 2009, the Province of Ontario passed, as part of the Municipal Act, Ontario Regulation284/09. The new regulation, attached as Appendix “A”, in force as of January 1, 2009, givesmunicipalities the option of excluding amortization expense, post-employment benefit expensesand solid waste landfill closure and post-closure costs from budgets. However, in place of theexclusion a report must be prepared for Council about the excluded expenses and adopted byresolution.

BACKGROUND:

The changes to accounting standards move the preparation of the Township’s FinancialStatements to an accrual basis, while budgets continue to be prepared on a cash basis.Therefore, the surplus on the Financial Statements will differ from the surplus for budgetingpurposes. The differences surround capital items, debt repayment and post-employmentbenefits.

OPTIONS/DISCUSSION:

The Township’s Accumulated Surplus for the year ended December 31, 2010 consistedof the following:

Investment in Tangible Capital Assets $ 10,082,446Reserve & Reserve Funds 1,774,450Deficit (328,253)Surplus (Local Boards) 5,765Unfunded Liabilities to be recovered fromFuture Revenues:Long term debt (210,673)Employee benefit obligations (148,910)

ACCUMULATED SURPLUS DECEMBER 31, 2010 $ 11,174,825

ASR-013/2011 2011 08 16Page 2

The preparation of the 2011 budgets, excluded the following expenses, which will increasethe actual budgeted surplus, which will be reflected on the Financial Statements:

Add:Capital Items Provided for in Operations $ 796,000Debt Repayment Principal Portion 44,078

Less:Estimated Amortization Expense (733,000)Estimated change in Post-Employment Benefits (21,000)

TOTAL $ 86,078

1. Amortization Expense

As required by the Public Sector Accounting Board (PSAB), Section 3150, amortizationexpense on tangible capital assets must be reported on the financial statements. Amortizationexpense of assets is calculated based on the historical cost of the asset divided by establisheduseful life of the assets.

The 2011 Budget excludes full provision for amortization expense, however, provisionswere made in the 2011 Operating Budget, for transfers to capital of $796,000. The estimatedamortization expense for 2011 is $733,000 leaving a funding surplus of $63,000. Actual resultsfor 2010 were capital provisions $452,055, amortization $$698,653 resulting in funding deficit of$246,598.

The Township needs to ensure that we provide for asset renewal and replacement eachyear.

2. Post-Employment Benefits

Liabilities associated with post-employment benefits under current PSAB standards mustbe reported on the financial statements but are not required to be fully funded at the end of eachyear. This liability is for non-pension retirement benefits.

Post employment benefits are estimated to be in the amount of $148,910 at the end of2010. The Township has no reserve set aside for this liability. The 2011 Budget excludesfunding for this liability, which is expected to increase by $21,000 during the year.

3. Future Capital Asset Funding

As mentioned previously, amortization expense is based on historical cost, over theuseful life of the asset. In some cases, the asset may be fully amortized but still in use, whichwould not generate an amortization expense in the current year. Conversely, replacement costis based on the cost to replace the asset in today’s dollars. Appendix “B” provides a summaryof the various asset categories and the historical cost and replacement costs.

For example (numbers are shown for illustration purposes only):

Old Malowany Road Bridge Built in 1951 at a cost of $55,009Useful Life : 50 yearsAnnual Amortization: Years 1951 to 2000 $1,100Annual Amortization: Years 2001 to Present $0

ASR-013/2011 2011 08 16Page 3

Replace Old Malowany Road Bridge Replacement Cost Estimate $490,000Useful Life: 50 yearsAnnual Replacement Expense $9,800

From 1951 to 2000, amortization expense would have been $1,100, from 2001 topresent, amortization expense would have been $0. To adequately provide for replacement, thecurrent annual replacement expense should be $9,800.

In order to meet replacement values an additional contribution of $950,000 annuallywould be required. Based on current contributions future asset replacement may result in largefluctuations in the tax rate and/or may result in the issuance of a high amount of debt in order tomeet replacement requirements.


Council should address this underfunding issue before the Province modifies itslegislation offering temporary relief.

OTHERS CONSULTED:

None

ATTACHMENTS:

1. Appendix “A” - Ontario Regulation 284/092. Appendix “B” – Asset Categories – Historical vs. Replacement Cost



APPENDIX “A”

ONTARIO REGULATION 284/09

made under the

MUNICIPAL ACT, 2001

Made: July 31, 2009Filed: July 31, 2009

Published on e-Laws: August 4, 2009Printed in The Ontario Gazette: August 15, 2009

BUDGET MATTERS — EXPENSES

Exclusion1. In preparing the budget for a year, a municipality or local board may exclude from the

estimated expenses described in paragraph 3 of subsection 289 (2) and in paragraph 3 ofsubsection 290 (2) of the Act all or a portion of the following:

1. Amortization expenses.

2. Post-employment benefits expenses.

3. Solid waste landfill closure and post-closure expenses.

Report2. (1) For 2011 and subsequent years, the municipality or local board shall, before

adopting a budget for the year that excludes any of the expenses listed in section 1,

(a) prepare a report about the excluded expenses; and

(b) adopt the report by resolution.

(2) If a municipality or local board plans to adopt or has adopted a budget for 2010 thatexcludes any of the expenses listed in section 1, the municipality or local board shall, within 60days after receiving its audited financial statements for 2009,

(a) prepare a report about the excluded expenses; and

(b) adopt the report by resolution.

Contents3. A report under section 2 shall contain at least the following:

1. An estimate of the change in the accumulated surplus of the municipality or localboard to the end of the year resulting from the exclusion of any of the expenseslisted in section 1.

2. An analysis of the estimated impact of the exclusion of any of the expenses listed insection 1 on the future tangible capital asset funding requirements of themunicipality or local board.

Review4. The Ministry of Municipal Affairs and Housing shall initiate a review of this Regulation

on or before December 31, 2012.

Commencement5. This Regulation is deemed to have come into force on January 1, 2009.

APPENDIX “B”

Asset Categories – Historical vs. Replacement Cost

2010 2010 2010 2011 2011

Historical Total Future Future Total Future Future

Category/Segment Cost Replacement Cost Annual Requirement Replacement Cost Annual Requirement

Bridges

Main Segment 11,909 12,661 1,088 13,041 1,088

Structure 1,547,699 4,309,964 51,871 4,351,063 51,871

Bridges Total 1,559,608 4,322,625 52,959 4,364,104 52,959

Buildings

Exterior 582,637 1,300,507 91,092 1,337,493 91,092

HVAC 247,724 321,186 20,998 328,888 20,998

Interior 985,166 1,745,338 117,427 1,770,167 117,427

Roof 438,465 901,331 91,625 913,663 91,625

Buildings Total 2,253,992 4,268,362 321,142 4,350,210 321,142

Land

Land 538,521 817,975 0 817,975 0

Land Total 538,521 817,975 0 817,975 0

Land Improvements

Fences/Sidewalks 50,761 107,381 10,000 109,883 10,000

Fields 4,148 11,020 0 11,020 0

Lights 28,148 79,928 6,735 82,326 6,735

Other 144,687 172,687 19,263 177,454 19,263

Parking Lots 521,263 1,272,009 105,519 1,304,679 105,519

Land Improvements Total 749,007 1,643,025 141,516 1,685,362 141,516

Machinery & Equipment

Bunker Gear/Uniforms 68,328 72,940 9,424 75,128 9,424

Capital Leases 19,146 20,000 4,013 20,600 4,013

Computers 109,881 124,823 38,910 128,568 38,910

Equipment 1,489,224 1,686,678 185,183 1,734,953 185,183

Furniture & Fixtures 186,936 202,541 90,958 208,617 90,958

Library Books 184,618 199,838 51,775 205,833 51,775

Radios/Pagers 36,967 39,753 12,201 40,946 12,201

Small Equipment 158,819 180,224 25,707 185,631 25,707

Software 25,801 26,835 5,446 27,640 5,446

Machinery & Equipment Total 2,279,720 2,553,632 423,618 2,627,915 423,618

Roads

Guardrails 44,631 132,412 10,115 134,939 10,115

Road Base 3,460,936 16,118,390 278,063 16,283,431 278,063

Road Surface 5,613,404 9,171,804 471,952 9,306,122 471,952

Sidewalks/Curbs 45,825 95,877 18,574 96,622 2,552

Signs 141,116 173,974 85,995 177,081 22,542

Street Lights 115,204 381,977 40,262 393,436 40,262

Roads Total 9,421,116 26,074,434 904,962 26,391,631 825,486

Vehicles

Cars and Light Trucks 232,227 264,231 56,036 271,259 56,036

Fire Trucks 812,070 1,085,732 142,556 1,110,818 142,556

Heavy Trucks 671,392 832,161 114,682 850,316 60,423

Vehicles Total 1,715,689 2,182,124 313,274 2,232,392 259,015

Cumulative Total 18,517,653 41,862,176 2,157,471 42,469,591 2,023,736

Future replacement costs have been calculated by applying estimated future CPI (ON) to Historical Cost of Assets.





SUBJECT: Establishing a Wainfleet Community Fund

RECOMMENDATION(S):


AND THAT Council approve providing the required $25,000 seed money to establish aWainfleet Community Fund within Niagara Community Foundation;

AND THAT the $25,000 be paid to Niagara Community Foundation in three equalinstalments of $8,333.33 over the next three years and be funded through the tax levy;

AND THAT the Mayor and Clerk be authorized and directed to execute a fundagreement with Niagara Community Foundation (a sample fund agreement is attachedhereto as Schedule “A”).

EXECUTIVE SUMMARY:

This report is in response to a presentation made to council May 24, 2011 by NiagaraCommunity Foundation. Staff is recommending that the Township of Wainfleet provide the seedmoney to establish a Wainfleet Community Fund within Niagara Community Foundation.

BACKGROUND:

On May 24, 2011 Ms. Liz Palmieri and Ms. Kelly Robson provided Council with asynopsis of the Niagara Community Foundation outlining the various grants and activities theyoffer the Niagara Region. They proposed creating a “Wainfleet Community Fund”.

A follow up meeting was held June 29, 2011 with Ms. Liz Palmieri, Ms. Kelly Robson, Mr.Scott Luey and Mrs. Robyn Madere to further discuss details of creating a “WainfleetCommunity Fund”.

A Wainfleet community fund would support the work of charities operating within theTownship of Wainfleet. The earnings on the funds would enable the Niagara CommunityFoundations board of directors to respond to current community needs through the provision ofgrants to charities.

Once a Wainfleet community fund is established other interested parties can add to thefund. Once the community fund is opened, specific funds can be opened within this fund.Named funds can be established with gifts of $5,000 or more and donor designated funds canbe established with gifts of $10,000 or more.

ASR-014/2011 2011 08 16Page 2

OPTIONS/DISCUSSION:

The benefit of having Niagara Community Foundation hold and administer funds is thatthey are specialists in Endowment Funds. The current cost of management fees andadministration is 1.76%.

The drawback of having funds held by Niagara Community Foundation is that it is theirboard of directors who determine which organizations receive grants.


The total funds needed to establish a Wainfleet Community Fund is $25,000. Staff isrecommending that this amount be funded through the tax levy over the next three years (2012to 2014).

OTHERS CONSULTED:

Scott Luey, Chief Administrative Officer.

ATTACHMENTS:

1. Appendix “A” - Niagara Community Foundation sample fund agreement.



APPENDIX “A”

THIS AGREEMENT made the ______day of_________________, 2011.

B E T W E E N:

Donor’s Name(hereinafter referred to as the "Donor");

- and -

NIAGARA COMMUNITY FOUNDATION,a corporation without share capital, incorporatedunder the Canada Corporations Act and registeredas a charity under the Income Tax Act (Canada);

(hereinafter referred to as the "Foundation").

WHEREAS the Donor has made a donation of________________, or has donated the property described inthe attached Schedule A, (the “Fund”) to the Foundation;

AND WHEREAS the Donor intends that the Fund be a gift of Capital to be held by the Foundation inperpetuity, the Annual Distributable Earnings of which shall be directed to such qualifying charities as one(name and address of donor-advisor[s]) may in writing direct;

AND WHEREAS it is contemplated by the parties that further donations may be made and received fromtime to time, in which case they are to be added to and form part of the Capital of the Fund.

NOW THEREFORE this Agreement witnesses that the parties agree as follows:

Definitions:

1. For purposes of this agreement, the following terms shall have the following meanings:

(a) "Administrative Fee" means the annual charge for administrative services of theFoundation, including the investment manager's fee, calculated in accordance withparagraph 6;

(b) "Annual Distributable Earnings" means that portion of the Earnings determined by theFoundation to be available for distribution in each year;

(c) "Capital" means the initial capital of the Fund, plus the initial value of any additions, plus allEarnings retained by the Foundation and added as capital of the Fund in accordance withparagraph 5;

(d) "Earnings" means all income from any cash, interest, coupons, dividends, investments,personal property, realized and unrealized capital gains net of capital losses, real property orother interests received from the Donor or otherwise acquired for the Fund.

Terms of the Fund shall be as follows:

2. Name of Fund. The Fund shall be known as the ____________ Fund.

3. Purpose of Fund. To hold the Fund in perpetuity (and in any event, but without limiting the generalmeaning of that word for a period which is not less than ten (10) years from the establishment of the Fund)and to use the Annual Distributable Earnings of the Fund to carry out the charitable purposes of the Donor asmore specifically set forth in the attached Schedule B.

4. Investment. The initial capital of the Fund and the initial value of any additions thereto shall be heldin perpetuity by the Foundation, and the Foundation may invest in its name, and in accordance with itsinvestment policy (as amended from time to time), the initial capital of the Fund and the initial value of anyadditions thereto. Investments may include any securities or other investments permitted by law, includingmutual funds or similar securities available from a financial institution.

5. Distributable Earnings.

(a) In each year the Foundation will determine the Annual Distributable Earnings which will bebased on the Foundation's capital preservation policy, as amended from time to time. Thebalance of the Earnings will be added to the Capital.

(b) Distribution of the Annual Distributable Earnings shall be used in accordance with theDonor's charitable purposes as is described in Schedule B attached hereto.

6. Administrative Fee.

(a) In any year, the Foundation may charge a reasonable Administrative Fee similar to thatcharged for other funds of a similar nature and size. The Administrative Fee shall be determined inaccordance with the administrative policy of the Foundation, as amended from time to time. TheDonor will be notified annually of the Administrative Fee.

(b) The annual Administrative Fee shall be paid out of the Annual Distributable Earnings of theFund, as determined in paragraph 5.

7. Establishment of Fund. Confirmation of the terms of the Fund by resolution of the board ofdirectors of the Foundation shall constitute establishment of the Fund.

8. Tax Receipts. The Foundation will issue receipts in respect of all donations to the Fund, unless theDonor does not require a receipt for income tax purposes.

9. Fund to be Recognized. The Foundation will appropriately recognize the Fund in the Foundation'sannual report and other publications.

10. Provision of Financial Statements. The Foundation will provide the Donor, at least annually, withfinancial statements for the Fund.

IN WITNESS WHEREOF the Donor and the Foundation have executed the Agreement as of the date set outabove.

(Donor’s name)Per:

_______________________________

NIAGARA COMMUNITY FOUNDATIONPer:

_________________________________

SCHEDULE “B”

This is Schedule B to the __________________ Fund, settled by a certain Donor Agreementdated the _________ day of ________________, 2001.

Notwithstanding any provisions herein to the contrary the Donor hereby instructs the Foundation asfollows:

1. As long as (donor advisor’s name) is alive, to distribute the Annual Distributable Earningsfrom the Fund to such qualifying charitable purposes which (he/she) may annually inwriting, name and amount, identify and direct.

2. If (donor advisor’s name) should fail, in any one year, to provide the written direction for thedistribution of the Annual Distributable Earnings, then to distribute the same in the mannerdetermined by the Foundation in the distribution of Unrestricted Funds.

3. On the death of (donor advisor’s name) or in the event that (donor advisor’s name) shouldfail, for three consecutive years, to provide the necessary written directions to theFoundation, then this Advised Fund shall dissolve into and become part of the Foundation’sUnrestricted Funds and be distributed accordingly. Provided however that Article 9 hereofshall continue to apply.

4. Notwithstanding any provision to the contrary, the Foundation shall not be obliged to makeany distribution to any person, corporation, association or entity which is not a qualifyingcharitable organization or does not operate for qualifying charitable purposes.

ADMINISTRATIONSTAFF REPORT ASR-015/2011


FROM: S, Luey, Chief Administrative Officer


SUBJECT: Wainfleet Youth Committee

RECOMMENDATION(S):


THAT staff be directed to advertise for committee members;

AND THAT staff then prepare a report for the selection of members, based on similarTerms of Reference, as attached.

EXECUTIVE SUMMARY:

In an effort to promote civic engagement for youth and address issuesimpacting/affecting them, many surrounding municipalities have established a youthcommittee. Staff is recommending that the Township of Wainfleet also move forward with thispositive connection for the youth of our community.

BACKGROUND:

Mayor Jeffs consulted with other municipal leaders and sought out templates in effort toinitiate this project.

OPTIONS/DISCUSSION:

Further exploration of the advantages that a youth committee would bring to theTownship may be necessary. Participation levels should also be examined and considered.


This project will operate on a self sustaining basis through fundraising.

OTHERS CONSULTED:

Surrounding municipalities were consulted for input, experience and knowledge.

ATTACHMENTS:

Terms of reference attached as Appendix “A”

Respectfully submitted by,

Scott LueyChief Administrative Officer

APPENDIX “A”

BUILDING STAFF REPORT BSR-009/2011


FROM: K. Gennings, Chief Building Official

DATE OF MEETING: August 16th, 2011

SUBJECT: Building Permit Report – July 2011

RECOMMENDATION(S):


EXECUTIVE SUMMARY:

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

BACKGROUND:

None.

OPTIONS/DISCUSSION:

None.


None.

OTHERS CONSULTED:

None.

ATTACHMENTS:

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


Keegan Gennings Scott LueyChief Building Official Chief Administrative Officer

APPENDIX “A”

CORRESPONDENCE REFERRED TO COUNCIL 2011 08 16

152. From Mr. Kyle Shoalts in appreciation of the scholarship that was granted to him.REC. – receive for information.

153. From the City of Port Colborne enclosing Notice of Passage of By-law 5674/105/11,regarding the Adoption of the Official Plan Amendment. A copy of this piece ofcorrespondence has been circulated to the Manager of Planning to comment ifrequired. REC. – receive for information.

154. From Mr. William Gerald Hart expressing concern regarding the condition of OldLakeshore Rd. A copy of this piece of correspondence has been circulated to eachmember of Council and the Director of Operations. REC. – refer to Director ofOperations.

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

156. From Mr. Dave Cowal expressing concern regarding the public washroom facilities andparking at Long Beach. A copy of this piece of correspondence has been circulated toeach member of Council. REC. – receive for information.

157. From the Municipality of Meaford enclosing a resolution in support of donations to theTown of Slave Lake for their recent fire. A copy of this piece of correspondence hasbeen circulated to each member of Council and the Treasurer. REC. – receive forinformation.

158. From Building Canada Fund – Communities Component (BCF-CC) acknowledgingreceipt of all documentation regarding the BCF-CC funded project. A copy of thispiece of correspondence has been circulated to the Treasurer. REC. – receive forinformation.

159. From Early Years Niagara inviting the Township to join in celebrating National ChildDay, November 20, 2011. A copy of this piece of correspondence has been circulatedto each member of Council and Arena Leadhand, Jeremy Worrall. REC. – supportfree skate day, refer to Arena Leadhand.

160. From the Town of West Lincoln enclosing notice of passage of the BrownfieldCommunity Improvement Plan. A copy of this piece of correspondence has beencirculated to the Manager of Planning to comment if required. REC. – receive forinformation.

161. From Enbridge Gas Distribution enclosing customer care and customer informationsystem costs. A copy of this piece of correspondence has been circulated to eachmember of Council. REC. – receive for information.

162. From residents within the Cedar Crest subdivision expressing concern regarding publicaccess to the beach via unopened road allowance between Lots 1 and 2. A copy ofthis piece of correspondence has been circulated to Council and the Director ofOperations. REC. – receive for information.

163. From the Niagara South Ploughmen’s Association requesting financial support ordonation of a doorprize for its 144th Annual Plowing Match. A copy of this piece ofcorrespondence has been circulated to each member of Council and the Treasurer.REC. – refer to Treasurer.

164. From the Ministry of Transportation regarding a crosswalk on Highway 3 in the Villageof Wainfleet. A copy of this piece of correspondence has been circulated to eachmember of Council and the Director of Operations. REC. – receive for information.

165. From Mr. Brian Mann requesting an exception to the Interim Control Bylaw regardinghis proposed minor variance. A copy of this piece of correspondence has beencirculated to each member of Council and the Manager of Planning. REC. – receivefor information.

166. From the Regional Clerk’s Department enclosing report ICP 63-2011regarding theGateway Economic Zone & Centre Implementation Update. REC. – receive forinformation.

167. From the Regional Clerk’s Department enclosing report ICP 64-2011 regardingDevelopment Charge Policy Review. A copy of this piece of correspondence has beenelectronically circulated to each member of Council and the Manager of Planning.REC. – receive for information.

168. From the Regional Clerk’s Department enclosing report CSD 117-2011 regarding 2011Claw Back Percentages and Municipal Tax Adjustments. A copy of this piece ofcorrespondence has been circulated to the Treasurer. REC. – refer to Treasurer.

169. From Sullivan Mahoney L.L.P. regarding the use of unopened road allowance betweenLot 1 and 2, Concession 1. A copy of this piece of correspondence has beencirculated to each member of Council and the Director of Operations. REC. – receivefor information, refer to Director of Operations for comment if required.

170. From Ms. Sheila Lawson enclosing a letter of support regarding the Interim ControlBylaw. A copy of this piece of correspondence has been circulated to each member ofCouncil and the Manager of Planning. REC. – receive for information.

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

Unregistered

Niagara Police Services Board – Board Report August 2011

Niagara Region – News Release “Mosquitoes test positive for West Nile Virus”



BYLAW NO. 024-2011

Being a bylaw to establish Development Charges in theTownship of Wainfleet.

WHEREAS the Development Charges Act, 1997 (the “Act”) provides that the Council ofa municipality may by bylaw impose development charges against land to pay for increased capitalcosts required because of increased needs for services;

AND WHEREAS a development charge background study has been completed inaccordance with the Act;

AND WHEREAS the Council of the Township of Wainfleet has given notice and held apublic meeting on the day of June 28, 2011 in accordance with the Act and the regulations thereto;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF WAINFLEET HEREBYENACTS AS FOLLOWS:

1.0 DEFINITIONS

1.1 In this bylaw, “Act” means the Development Charges Act, 1997, as amended, or anysuccessor thereto;

“accessory use” means when used to describe a use, building or structure, thatthe use, building or structure is naturally and normally incidental, subordinate inpurpose of floor area or both, and exclusively devoted to a principal use, building orstructure;

“apartment unit” means any residential dwelling unit within a building containingthree or more dwelling units where access to each residential unit is obtained through acommon entrance or entrances from the street level and the residential units areconnected by an interior corridor;

“bedroom” means a habitable room larger than seven square metres, including aden, study or other similar area, but does not include a living room, dining room orkitchen;

“benefiting area” means an area defined by a map, plan or legal description in afront-ending agreement as an area that will receive a benefit from the construction ofa service;

“board of education” has the same meaning as that specified in the Education Actor any successor thereto;

“Building Code Act” means the Building Code Act, 1992, as amended; or anysuccessor thereto;

“capital cost” means costs incurred or proposed to be incurred by the municipalityor a local board thereof directly or by others on behalf of and as authorized by themunicipality or local board,

to acquire land or an interest in land, including a leasehold interest; to improve land;

Bylaw No. 024-2011 Page 2

to acquire, lease, construct or improve buildings and structures; to acquire, construct or improve facilities including:

o furniture and equipment other than computer equipment; ando materials acquired for circulation, reference or information purposes by a

library board as defined in the Public Libraries Act; ando rolling stock with an estimated useful life of seven years or more, and

to undertake studies in connection with any matter under the Act and any of thematters in clauses (a) to (d), including the development charge background studyrequired for the provision of services designated in this bylaw within or outside themunicipality, including interest on borrowing for those expenditures under clauses(a), (b), (c) and (d) that are growth-related;

“commercial” means any non-residential development not defined under“institutional” or “industrial”;

“council” means the Council of the municipality;

“development” means the construction, erection or placing of one or more buildingsor structures on land or the making of an addition or alteration to a building orstructure that has the effect of increasing the size or usability thereof, and includesredevelopment;

“development charge” means a charge imposed with respect to this bylaw;

“dwelling unit” means any part of a building or structure used, designed or intendedto be used as a domestic establishment in which one or more persons may sleepand are provided with culinary and sanitary facilities for their exclusive use;

“existing industrial building” means a building or buildings existing on site in theCity of Sarnia on the day this bylaw comes into effect or the first buildingconstructed and occupied on a vacant site pursuant to site plan approval under Section41 of the Planning Act, R.S.O. c.P.13 of the Planning Act subsequent to this bylawcoming to effect for which fill development charges were paid, and is being used for or inconjunction with,

(i) the production, compounding, processing, packaging, crating, bottling, packing orassembling of raw or semi-processed goods or materials in not less than seventy-fivepercent of the total gross floor area of the building or buildings on a site(“manufacturing”) or warehousing related to the manufacturing use carried on in thebuilding or buildings;

(ii) research or development in connection with manufacturing in not less than seventy-five percent of the total gross floor area of the building or buildings on a site;

(iii) retail sales by a manufacturer, if the retail sales are at the site where themanufacturing is carried out, such retail sales are restricted to goods manufacturedat the site, and the building or part of a building where such retail sales are carriedout does not constitute greater than twenty-five percent of the total gross floor area ofthe building or buildings on the site; or

(iv) office or administrative purposes, if they are,(1) carried out with respect to manufacturing or warehousing; and(2) in or attached to the building or structure used for such manufacturing or

warehousing;

“farm building” means that part of a bona fide farming operation encompassing barns,silos and other ancillary development to an agricultural use, but excluding aresidential use and would include wholesale greenhouse facilities and structures;


“grade” means the average level of finished ground adjoining a building or structureat all exterior walls;

“gross floor area” means the total area of all floors above grade of a dwelling unitmeasured between the outside surfaces of exterior walls or between the outsidesurfaces of exterior walls and the centre line of party walls dividing the dwelling unitfrom other dwelling units or other portion of a building;

In the case of a non-residential building or structure, or in the case of a mixed-usebuilding or structure in respect of the non-residential portion thereof, the total area ofall building floors above or below grade measured between the outside surfaces ofthe exterior walls, or between the outside surfaces of exterior walls and the centreline of party walls dividing a non-residential use and a residential use, except for: a room or enclosed area within the building or structure above or below grade that is

used exclusively for the accommodation of heating, cooling, ventilating, electrical,mechanical or telecommunications equipment that service the building;

loading facilities above or below grade; and a part of the building or structure below grade that is used for the parking of motor

vehicles or for storage or other accessory use;

“industrial” means lands, buildings or structures used or designed or intended foruse for manufacturing, processing, fabricating or assembly of raw goods,warehousing or bulk storage of goods, and includes office uses and the sale ofcommodities to the general public where such uses are accessory to an industrialuse, but does not include the sale of commodities to the general public through awarehouse club;

“institutional” means lands, buildings or structures used or designed or intended foruse by an organized body, society or religious group for promoting a public or non-profit purpose and shall include, but without limiting the generality of the foregoing,places of worship, and special care facilities;

“local board” has the same definition as defined in the Development Charges Act;

“local services” means those services, facilities or things which are under thejurisdiction of the municipality and are related to a plan of subdivision or within thearea to which the plan relates in respect of the lands under Sections 41, 51 or 53 ofthe Planning Act as amended or any successor thereto;

“mobile home” means any dwelling that is designed to be made mobile, andconstructed or manufactured to provide a permanent residence for one or morepersons, but does not include a travel trailer or tent trailer;

“multiple dwellings” means all dwellings other than single-detached, semi-detached and apartment house dwellings;

“municipality” means The Corporation of the Township of Wainfleet;

“non-residential use” means a building or structure of any kind whatsoever used,designed or intended to be used for other than a residential use and includes allcommercial, industrial and institutional uses;

“owner” means the owner of land or a person who has made application for anapproval for the development of land upon which a development charge is imposed;


“place of worship” means that part of a building or structure that is exempt fromtaxation as a place of worship under the Assessment Act, as amended or anysuccessor thereto;

“regulation” means any regulation made pursuant to the Act;

“residential use” means land or buildings or structures of any kind whatsoever used,designed or intended to be used as living accommodations for one or more individuals;

“semi-detached dwelling” means a dwelling unit in a residential building consistingof two dwelling units having one vertical wall or one horizontal walls, but no other parts,attached or another dwelling unit where the residential units are not connected by aninterior corridor;

“services” (or “service”) means those services designated in Schedule “A” to thisbylaw;

“servicing agreement” means an agreement between a landowner and themunicipality relative to the provision of municipal services to specified lands withinthe municipality;

“single detached dwelling unit” means a residential building consisting of onedwelling unit and not attached to another structure and includes mobile homes;

“wind turbine” means a part of a system that converts energy into electricity, andconsists of a wind turbine, a tower and associated control or conversion electronics.A wind turbine and energy system may be connected to the electricity grid in circuitsat a substation to provide electricity off-site for sale to an electrical utility or otherintermediary.

2.0 DESIGNATION OF SERVICES

2.1 The categories of services for which development charges are imposed under thisbylaw are as follows:

(a) services related to a highway;

(b) other transportation services;

(c) fire protection services;

(d) administration services;

(e) outdoor recreation;

(f) indoor recreation services; and

(g) library services.

2.2 The components of the services designated in subsection 2.1 are described inSchedule A.

3.0 APPLICATION OF BYLAW RULES

3.1 Development charges shall be payable in the amounts set out in this bylaw where:


(a) the lands are located in the area described in subsection 3.2; and

(b) the development of the lands requires any of the approvals set out insubsection 3.4(a).

Area to Which Bylaw Applies

3.2 Subject to subsection 3.3, this bylaw applies to all lands in the geographic area ofthe Township of Wainfleet.

3.3 This bylaw shall not apply to lands that are owned by and used for the purposes of:

(a) the Township of Wainfleet or a local board thereof;

(b) a board as defined in section 1(1) of the Education Act;

(c) the Region of Niagara or a local board thereof.

Approvals for Development

3.4 (a) Development charges shall be imposed on all lands, buildings orstructures that are developed for residential or non-residential uses if thedevelopment requires,

(i) the passing of a zoning bylaw or of an amendment to a zoningbylaw under section 34 of the Planning Act;

(ii) the approval of a minor variance under section 45 of the Planning Act;

(iii) a conveyance of land to which a bylaw passed under subsection 50(7)of the Planning Act applies;

(iv) the approval of a plan of subdivision under section 51 of thePlanning Act;

(v) a consent under section 53 of the Planning Act;

(vi) the approval of a description under section 50 of the CondominiumAct; or

(vii) the issuing of a permit under the Building Code Act, 1992 in relationto a building or structure.

(b) No more than one development charge for each service designated insubsection 2.1 shall be imposed upon any lands, buildings or structures towhich this bylaw applies even though two or more of the actions described insubsection 3.4(a) are required before the lands, buildings or structures canbe developed.

(c) Despite subsection 3.4(b), if two or more of the actions described insubsection 3.4(a) occur at different times, additional development chargesshall be imposed if the subsequent action has the effect of increasing theneed for services.


Exemptions

3.5 Notwithstanding the provisions of this bylaw, development charges shall not beimposed with respect to:

(a) a place of worship exempt from taxation under the Assessment Act;

(b) bona fide farm (non-residential) buildings.

3.6 Rules with Respect to an Industrial Expansion Exemption

If a development includes the enlargement of the gross floor area of an existingindustrial building, the amount of the development charge that is payable in respectof the enlargement is determined in accordance with the following:

(i) Subject to subsection 3.6(iii), if the gross floor area is enlarged by 50 per cent or lessof the lesser of:(A) the gross floor area of the existing industrial building, or(B) the gross floor area of the existing industrial building before the first



this bylaw, or predecessor thereof, was paid, pursuant to Section 4 ofthe Act and this subsection, the amount of the development charge inrespect of the enlargement is zero;

(ii) Subject to subsection 3.6(iii), if the gross floor area is enlarged by more than 50 percent or less of the lesser of:(A) the gross floor area of the existing industrial building, or(B) the gross floor area of the existing industrial building before the first



this bylaw, or predecessor thereof, was paid, pursuant to Section 4 ofthe Act and this subsection, the amount of the development charge inrespect of the enlargement is the amount of the development chargethat would otherwise be payable multiplied by the fraction determinedas follows:

(A) determine the amount by which the enlargement exceeds 50 per cent of thegross floor area before the first enlargement, and

(B) divide the amount determined under subsection (A) by the amount of theenlargement

(iii) For the purposes of calculating the extent to which the gross floor area of an existingindustrial building is enlarged in subsection 3.6(ii), the cumulative gross floor area ofany previous enlargements for which:(A) an exemption from the payment of development charges was granted, or(B) a lesser development charge than would otherwise be payable under this

bylaw, or predecessor thereof, was paid, pursuant to Section 4 of the Act andthis subsection, shall be added to the calculation of the gross floor area of theproposed enlargement.


For the purposes of this subsection, the enlargement must not be attached to the existingindustrial building by means only of a tunnel, bridge, passageway, canopy, shared belowgrade connection, such as a service tunnel, foundation, footing or parking facility.

Amount of Charges

Residential

3.7 The development charges described in Schedule B to this bylaw shall be imposedon residential uses of lands, buildings or structures, including a dwelling unitaccessory to a non-residential use and, in the case of a mixed use building orstructure, on the residential uses in the mixed use building or structure, according tothe type of unit, and calculated with respect to each of the services according to thetype of residential use.

Non-Residential Uses

3.8 The development charges described in Schedule B to this bylaw shall be imposedon non-residential uses of lands, buildings or structures, and, in the case of a mixeduse building or structure, on the non-residential uses in the mixed use building orstructure, and calculated with respect to each of the services according to the grossfloor area of the non-residential use.

Reduction of Development Charges Where Redevelopment

3.9 Despite any other provision of this bylaw, where, as a result of the redevelopment ofland, a building or structure existing on the same land within 60 months prior to thedate of payment of development charges in regard to such redevelopment was, or is tobe demolished, in whole or in part, or converted from one principal use to anotherprincipal use on the same land, in order to facilitate the redevelopment, thedevelopment charges otherwise payable with respect to such redevelopment shall bereduced by the following amounts:

(a) in the case of a residential building or structure, or in the case of a mixed-use building or structure, the residential uses in the mixed-use building orstructure, an amount calculated by multiplying the applicabledevelopment charge under subsections 3.5 and 3.6 and of this bylaw bythe number, according to type, of dwelling units that have been or will bedemolished or converted to another principal use; and provided that suchamounts shall not exceed, in total, the amount of the developmentcharges otherwise payable with respect to the redevelopment.

Time of Payment of Development Charges

3.10 Development charges imposed under this section are payable upon issuance of abuilding permit with respect to each dwelling unit, building or structure.

4.0 PAYMENT BY SERVICES

4.1 Despite the payments required under subsection 3.10, Council may, by agreement,give a credit towards a development charge in exchange for work that relates to aservice for which a development charge is imposed under this bylaw.


5.0 INDEXING

5.1 Development charges imposed pursuant to this bylaw shall be adjusted annually,without amendment to this bylaw, commencing on the first anniversary date of thisbylaw and each anniversary date thereafter, in accordance with the StatisticsCanada Quarterly Construction Price Statistics.

6.0 SCHEDULES

6.1 The following schedules to this bylaw form an integral part thereof:

Schedule A - Components of Services Designated in subsection 2.1Schedule B - Residential and Non-Residential Development Charges

7.0 DATE BYLAW IN FORCE

7.1 This bylaw shall come into force on the 16th day August, 2011.

8.0 DATE BYLAW EXPIRES

8.1 This bylaw will expire on the 1st day August, 2016, unless it is repealed at an earlierdate.

BYLAW READ A FIRST TIME THIS 16TH DAY OF AUGUST, 2011.

BYLAW READ A SECOND TIME THIS 16TH DAY OF AUGUST, 2011.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF AUGUST, 2011.

A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE “A”

TO BYLAW NO. 024-2011

DESIGNATED MUNICIPAL SERVICES UNDER THIS BYLAW

Municipal-wide Services

1. Services Related to a Highway

Roads, Sidewalks, Streetlights

2. Other Transportation Services

Depots and Domes

Rolling Stock

3. Fire Protection

Fire Stations

Fire Pumpers, Aerials, Tankers, Rescue Vehicles

Small Equipment and Gear

4. Administration

Studies

5. Outdoor Recreation Services

Parkland Development, Amenities and Trails

Parks Vehicles and Equipment

6. Indoor Recreation Services

Recreation Facilities

7. Library Services

Library Facilities

Library Materials

SCHEDULE “B”

TO BYLAW NO. 024-2011


Single and

Semi-Detached

Dwelling

Apartments - 2

Bedrooms +

Apartments -

Bachelor and 1

Bedroom

Other Multiples

Special

Care/Special

Dwelling Units

(per ft² of Gross

Floor Area)

Wind Turbine-

per Unit

Municipal Wide Services:

Roads and Related 2,671$ 1,572$ 1,034$ 1,792$ 896$ 2.08$ 2,671$

Fire Protection Services 770 453 298 516 258 0.59 770

Outdoor Recreation Services 622 366 241 417 209 0.22 -

Indoor Recreation Services 1,681 989 651 1,128 564 0.58 -

Library Services 493 290 191 331 165 0.17 -

Administration 477 281 185 320 160 0.32 477

Total Municipal Wide Services 6,714 3,951 2,600 4,504 2,252 3.96 3,918

RESIDENTIAL

Service

NON-RESIDENTIAL



BY-LAW NO. 025-2011

Being a by-law to appoint members tothe Drainage Advisory Committee.

WHEREAS the Council of the Corporation of the Township of Wainfleet deems it expedientto appoint persons to sit as members of the Drainage Advisory Committee;

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

1. THAT the following persons are hereby appointed as members of the DrainageAdvisory Committee:

(a) Lennie Aarts(b) John Sonneveld(c) Frank deRuyte(d) Matt Henderson(e) Bert Schertzing

2. THAT the term of office of the persons named in Section 1 of this bylaw shall expire onNovember 30, 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 16TH DAY OF AUGUST, 2011.

BYLAW READ A SECOND TIME THIS 16TH DAY OF AUGUST, 2011.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF AUGUST, 2011.

A. Jeffs, MAYOR

T. Lamb, CLERK

august 16, 2011 wainfleet council agenda

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