wainfleet council april 8

C08/14

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET

REGULAR MEETING OF COUNCIL AGENDA

TUESDAY, APRIL 8TH

, 2014 at 7:00 P.M.

COUNCIL CHAMBERS

1. Call to Order

2. National Anthem

3. Opening Prayer

a) Alderman Ted Hessels

4. Disclosure of Pecuniary Interest and the General Nature Thereof

5. Presentations

6. Public Hearings

a) Application for Rezoning File No. Z-01-2014 – 21231 Rattler Road and 10165 Cedar Crest Road – Housekeeping Amendment

PURPOSE OF MEETING:

The purpose of the public meeting, held pursuant to Section 34 of the Planning Act, is to provide information respecting an application for rezoning initiated by the Township, NOT the individual property owners. The lands are the subject of a housekeeping zoning bylaw amendment that seeks to correct inconsistencies and errors identified on specific properties. These errors were identified when the current property owners approached the Township about building related projects. The Township is attempting to clean up these historical issues which will allow the projects to move forward. Amend the zoning on the following properties:

21231 Rattler Road is located on the east side of Rattler Road just north of Highway #3

10165 Cedar Crest Road is located south of Lakeshore Road and just west of Cement Road along the lakefront

PURPOSE OF THE APPLICATION:

With reference to the Key Map 1, the property is proposed to be rezoned as follows: to remain zoned A1-181 removing the 30.48 m side yard setback from

Township of Wainfleet Council Meeting Agenda, April 8th, 2014

the drainage ditch along the south lot line and replace it with the standard 15.0 m setback for the A1-Agricultural zone.

With reference to the Key Map 2, the property is proposed to be rezoned as follows: to remain zoned R1-203 removing the 6.0 m setback from a lot line for any dwelling and replace it with a 5.0 m setback from a lot line for any dwelling.

b) Application for Rezoning File No. Z-02-2014 (Triple G Farms, Inc. Applicant

[Christopher E. Wilson, Agent])

PURPOSE OF MEETING

The purpose of the public meeting, held pursuant to Section 34 of the Planning Act, is to provide information respecting an application for rezoning, submitted to the Township by Triple G. Farms Inc. to amend the zoning on a property on the south east corner of Highway #3 and Golf Course Road, being Part of Lot 11, Concession 1 and known municipally as 11275 Golf Course Road.

PURPOSE OF THE APPLICATION

With reference to the Key Map, a portion of the property (Part 2) is proposed to be rezoned from A2- Agricultural to “A2-Special” intended as an “Agricultural Purposes Only” zone and to recognize a reduced lot area (9.815 ha). The lands are the subject of an Application for Consent to sever (File B01/2014W) which was approved on condition by the Committee of Adjustment on February 19th, 2014. The proposed amendment is needed to comply with Official Plan requirements which permit the disposal of a surplus farm dwelling.

7. Delegations

a) Jamie Cook, Watson & Associates Economists Ltd. Re: Development Charges (per request of Council - February 18

th, 2014)

b) John Spriet, Spriet Associates Re: DSR-001/2014 – Brown’s Tap Drain (per request of Council - March 25

th, 2014)

c) Suresh Dominic, Gethsemane Ministries Re: Benefits and Development of Local Community

d) Jon Charles and Kylie Boyd, exp Services Re: Challenges and Financial Outcomes of Mandatory Onsite Sewage System Inspection Program

8. Business Arising from Delegations

9. Mayor’s Announcements & Remarks

10. Adoption of the Minutes

a) Minutes of the Regular Meeting of Council held on March 25th, 2014

11. Staff Reports and Recommendations

a) Planning Staff Reports None submitted

b) Administration Staff Reports

None submitted

Township of Wainfleet Council Meeting Agenda, April 8th, 2014

c) Drainage Staff Reports i) DSR-001/2014 Re: Brown’s Tap Drain (deferred from March 25

th,

2014) ii) DSR-002/2014 Re: 2014 Drain Maintenance Program

d) Building Staff Reports i) BSR-005/2014 Re: Financial Information for Mandatory Septic Re-

Inspection Program

e) Public Works Staff Reports None submitted

f) Fire Staff Reports None submitted

g) Bylaw Enforcement Staff Reports

None submitted

12. Review of Correspondence

13. Bylaws

First & Second Reading

None

Third & Final Reading

a) Bylaw No. 014-2014 being a bylaw pursuant to the provisions of Section 34 of the Planning Act, R.S.O. 1990 to amend Zoning Bylaw No. 581-78 of the Corporation of the Township of Wainfleet with respect to those lands forming Part of Lot 29, Concession 6 in the Township of Wainfleet, known municipally as 63027 Perry Road

14. Notices of Motion

15. Proclamations

a) Seniors’ Month – June, 2014

16. Other Business

17. Closed Meeting

18. Bylaw to Confirm the Proceeding of Council

a) Bylaw No. 016-2014 being a bylaw to adopt, ratify and confirm the actions of the Council at its regular meeting held on the 8

th day of April, 2014

19. Adjournment of Meeting

31940 Highway #3 • P.O. Box 40 • Wainfleet, ON • L0S 1V0

PHONE 905.899.3463 • FAX 905.899.2340 • www.wainfleet.ca

PUBLIC INFORMATION MEETING AGENDA: Application for Rezoning File Z-01-2014 Township Housekeeping Zoning Bylaw Amendment 21231 Rattler Road (Concession 2 Part Lots 10 & 11) 10165 Cedar Crest Road (Plan 30 Lot 5 Part Lot 6) DATE: Tuesday, April 8, 2014 TIME: 7:00 p.m. 1) PURPOSE OF MEETING: (Chair)

The purpose of the public meeting, held pursuant to Section 34 of the Planning Act, is to provide information respecting an application for rezoning initiated by the Township, NOT the individual property owners. The lands are the subject of a housekeeping zoning bylaw amendment that seeks to correct inconsistencies and errors identified on specific properties. These errors were identified when the current property owners approached the Township about building related projects. The Township is attempting to clean up these historical issues which will allow the projects to move forward. Amend the zoning on the following properties:

21231 Rattler Road is located on the east side of Rattler Road just north of Highway #3

10165 Cedar Crest Road is located south of Lakeshore Road and just west of Cement Road along the lakefront

2) PURPOSE OF APPLICATION: (Planner) With reference to the Key Map 1, the property is proposed to be rezoned as follows: Is to remain zoned A1-181 removing the 30.48 m side yard setback from the drainage ditch along the south lot line and replace it with the standard 15.0 m setback for the A1-Agricultural zone. With reference to the Key Map 2, the property is proposed to be rezoned as follows: Is to remain zoned R1-203 removing the 6.0 m setback from a lot line for any dwelling and replace it with a 5.0 m setback from a lot line for any dwelling.

Township of Wainfleet “Wainfleet - find your country side!”

PUBLIC INFORMATION MEETING 2014 04 08 Application for Rezoning File Z-01-2014 Page 2

EXPLANATION OF SECTION 34 (14): (Planner) Section 34 (14) of the Planning Act states:

“At a meeting under subsection (12), the Council shall ensure that information is made available to the public regarding the power of the Municipal Board to dismiss an appeal under subsection (25) if an appellant has not provided the council with oral submissions at a public meeting or written submissions before a bylaw is passed under this section.”

3) DETAILS OF THE APPLICATION: (Planner)

With reference to the attached sketches the application proposes to amend the zoning on the subject lands as follows: 21231 Rattler Road is to remain zoned A1-181, with the following change: REMOVE: 30.48 m side yard from the drainage ditch along the south lot line REPLACE WITH: 15.0 m side yard (normal) for the A1-Agricultural zone 10165 Cedar Crest Road is to remain zoned R1-203 with the following change: REMOVE: 6.0 m setback from a lot line for any dwelling REPLACE WITH: 5.0 m setback from a lot line for any dwelling

4) AGENCY COMMENTS / WRITTEN PUBLIC COMMENTS: (Planner) Written agency and public comments received at the time of the public meeting:

Agency Comment

Region of Niagara Development Services

Niagara Peninsula Conservation Authority

Township of Wainfleet Drainage Department

Township of Wainfleet Building Department

Township of Wainfleet Sewage Department

Township of Wainfleet Operations Department

Township of Wainfleet Fire Department

No comment.

5) QUESTIONS FROM COUNCIL: (Chair)

6) COMMENTS FROM APPLICANT: (Chair)


7) REQUEST FOR COMMENT, QUESTIONS, INPUT FROM GALLERY: (Chair)

8) NEXT STEPS: (Planner) The Township Planning Department will prepare a report, for a subsequent Township Council meeting, providing detailed review of the application and recommendation to Council respecting a rezoning bylaw for the properties. Should Council pass a rezoning bylaw, “notice” of that passage will be given to those individuals and agencies specified by Section 34 of the Planning Act and Ontario Regulation 199/96. That “notice” will include explanation of the “appeal” procedure to the Ontario Municipal Board.

9) CLOSING: (Chair) Announcement by the Chair that should any individual want to be informed of when the staff report will be presented to Council or, want to be ensured that “notice” of passage of a rezoning bylaw will be sent to them, they should inform the Clerk in writing; which can be done following this meeting.

Figure 1 – 21231 Rattler Rd

21231

21231

21241

21225

21219

21217

21213

21211

21209

21205

Figure 2 – 10165 Cedar Crest Road

10175

10187

10171

10161

10128

10138 10130

10122

31940 Highway #3 • P.O. Box 40 • Wainfleet, ON • L0S 1V0

PHONE 905.899.3463 • FAX 905.899.2340 • www.wainfleet.ca

PUBLIC INFORMATION MEETING AGENDA: Application for Rezoning File Z-02-2014 11275 Golf Course Road Part of Lot 11, Concession 1 Triple G. Farms Inc, Owners; Christopher E.H. Wilson, Agent DATE: Tuesday, April 8, 2014 TIME: 7:00 p.m. 1) PURPOSE OF MEETING: (Chair)

The purpose of the public meeting, held pursuant to Section 34 of the Planning Act, is to provide information respecting an application for rezoning, submitted to the Township by Triple G. Farms Inc. to amend the zoning on a property on the south east corner of Highway #3 and Golf Course Road, being Part of Lot 11, Concession 1 and known municipally as 11275 Golf Course Road.

2) PURPOSE OF APPLICATION: (Planner) With reference to the Key Map, a portion of the property (Part 2) is proposed to be rezoned from A2- Agricultural to “A2-Special” intended as an “Agricultural Purposes Only” zone and to recognize a reduced lot area (9.815 ha). The lands are the subject of an Application for Consent to sever (File B01/2014W) which was approved on condition by the Committee of Adjustment on February 19th, 2014. The proposed amendment is needed to comply with Official Plan requirements which permit the disposal of a surplus farm dwelling.

3) EXPLANATION OF SECTION 34 (14): (Planner)

Section 34 (14) of the Planning Act states:

“At a meeting under subsection (12), the Council shall ensure that information is made available to the public regarding the power of the Municipal Board to dismiss an appeal under subsection (25) if an appellant has not provided the council with oral submissions at a public meeting or written submissions before a bylaw is passed under this section.”

Township of Wainfleet “Wainfleet - find your country side!”


4) DETAILS OF THE APPLICATION: (Planner)

With reference to the attached sketch the application proposes to amend the zoning on the subject lands as follows: - Part 2 is proposed to be rezoned from “A2-Agricultural” to “A2-Special” intended

as an “Agricultural Purposes Only” zone; and - Recognize a reduced lot area (9.815 Ha whereas 16 Ha is required)

5) AGENCY COMMENTS / WRITTEN PUBLIC COMMENTS: (Planner) Written agency and public comments received at the time of the public meeting:

Agency Comment

Region of Niagara Development Services

Niagara Peninsula Conservation Authority

Township of Wainfleet Drainage Department

Township of Wainfleet Building Department

Township of Wainfleet Sewage Department

Township of Wainfleet Operations Department

Township of Wainfleet Fire Department

6) QUESTIONS FROM COUNCIL: (Chair)

7) COMMENTS FROM APPLICANT: (Chair)

8) REQUEST FOR COMMENT, QUESTIONS, INPUT FROM GALLERY: (Chair)

9) NEXT STEPS: (Planner) The Township Planning Department will prepare a report, for a subsequent Township Council meeting, providing detailed review of the application and recommendation to Council respecting a rezoning bylaw for the property. Should Council pass a rezoning bylaw, “notice” of that passage will be given to those individuals and agencies specified by Section 34 of the Planning Act and Ontario Regulation 199/96. That “notice” will include explanation of the “appeal” procedure to the Ontario Municipal Board.


10) CLOSING: (Chair)

Announcement by the Chair that should any individual want to be informed of when the staff report will be presented to Council or, want to be ensured that “notice” of passage of a rezoning bylaw will be sent to them, they should inform the Clerk in writing; which can be done following this meeting.

C07/14

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 at 31940 Highway #3, Wainfleet, Ontario, on Tuesday, March 25

th, 2014 at 7:00 p.m.

PRESENT: A. Jeffs, R. Dykstra, T. Hessels, D. Wyatt STAFF PRESENT: S. Luey, S. Duncan, B. Jackson, R. Madere, M. Sullivan 1. CALL TO ORDER

Mayor Jeffs noted that there was quorum present and she called the meeting to order at 7:00 p.m.

2. NATIONAL ANTHEM 3. OPENING PRAYER Alderman Dykstra delivered the opening prayer. 4. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE

THEREOF Alderman Dykstra declared a pecuniary interest in Drainage Staff Report DSR- 001/2014 Re: Brown’s Tap Drain. 5. PRESENTATIONS There were no presentations scheduled. 6. PUBLIC HEARINGS There were no public hearings scheduled. 7. DELEGATIONS There were no delegations scheduled. 8. BUSINESS ARISING FROM DELEGATIONS There was no business arising from the delegations. 9. MAYOR’S ANNOUNCEMENTS & REMARKS

The Mayor’s comments are enclosed in the March 25th, 2014, Council meeting

folder.

Township of Wainfleet Council Meeting Minutes, March 25th, 2014 Page 2

10. ADOPTION OF THE MINUTES a) Minutes of the Regular Meeting of Council held on March 11

th, 2014

Resolution No. C-074-2014 Moved by Ted Hessels Seconded by David Wyatt “THAT the minutes of the Regular Council meeting held on March 11

th, 2014

be adopted as circulated.” CARRIED.

11. STAFF REPORTS AND RECOMMENDATIONS

a) Planning Staff Reports

i) PSR-009/2014 Re: Application for Zoning Bylaw Amendment Z-05-2014 – Christian and Mary Sider (Harold Hyde, Agent), 63027 Perry Road (Part of Lot 29, Concession 6)

RECOMMENDATION(S):

THAT this report be received;

THAT Council approve the amending Zoning Bylaw attached as Appendix “A” to this report; THAT pursuant to the provisions of Section 34 (17) of the Planning Act, Council determines that no further notice of the proposed bylaw is required; AND THAT the owner, the agent, the Region of Niagara, NPCA and the Secretary-Treasurer of the Committee of Adjustment be so informed.

Resolution No. C-075-2013 Moved by Richard Dykstra Seconded by David Wyatt “THAT Planning Staff Report PSR-010/2014 Re: Application for Zoning Bylaw Amendment Z-05-2014 – Christian and Mary Sider (Harold Hyde, Agent), 63027 Perry Road (Part of Lot 29, Concession 6) and the recommendations contained therein be adopted as circulated.”

CARRIED.


ii) PSR-010/2014 Re: Memorandum of Understanding – Improving the Planning Function in Niagara

RECOMMENDATION(S): THAT this report be received; THAT Council authorize the Mayor and Clerk to sign this Agreement; AND THAT this report and the signed Agreement be circulated to Niagara Region Planning & Development Services and the Niagara Peninsula Conservation Authority for information. Resolution No. C-076-2014 Moved by David Wyatt Seconded by Ted Hessels “THAT Planning Staff Report PSR-010/2014 Re: Memorandum of Understanding – Improving the Planning Function in Niagara and the recommendations contained therein be adopted as circulated.”

CARRIED.

b) Administration Staff Reports

i) ASR-007/2014 Re: Annual Report – Building Permit Fees

RECOMMENDATION(S): THAT this report be received for information.

Resolution No. C-077-2014 Moved by David Wyatt Seconded by Ted Hessels “THAT Administration Staff Report ASR-007/2014 Re: Annual Report – Building Permit Fees and the recommendation contained therein be adopted as circulated.”

CARRIED. c) Drainage Staff Reports Alderman Dykstra recused himself from the dais at 7:16 p.m.


i) DSR-001/2014 Re: Brown’s Tap Drain RECOMMENDATION(S):

THAT this report be received for information; THAT Council instructs the Engineer, Spriet Associates, to prepare a report that is separate from that of the City of Welland - Brown’s Tap Drain in compliance with Section 8, Chapter D.17 of the Drainage Act R.S.O. 1990; AND THAT the Council of the Township of Wainfleet authorizes and requests that the City of Welland allow divorcing from the inclusion/combination of the construction of the Brown’s Tap Drain.

Resolution No. C-078-2014 Moved by David Wyatt Seconded by Ted Hessels “THAT Drainage Staff Report DSR-001/2014 Re: Brown’s Tap Drain and the recommendations contained therein be adopted as circulated.”

CARRIED AS AMENDED (see below). Resolution No. C-079-2014 Moved by Ted Hessels Seconded by David Wyatt

“THAT Drainage Staff Report DSR-001/2014 Re: Brown’s Tap Drain be deferred to the April 8

th, 2014 meeting of Council;

THAT John Spriet of Spriet Associates be invited to appear and present to Council on April 8

th, 2014;

AND THAT Drainage staff be directed to notify area residents concerned with the Brown’s Tap Drain project of further discussion regarding the staff report and the recommendations contained therein.”

CARRIED. Alderman Dykstra returned to the dais at 7:47 p.m.

d) Building Staff Reports

No report(s) submitted.

e) Public Works Staff Reports No report(s) submitted.


f) Fire Staff Reports No report(s) submitted. g) Bylaw Enforcement Staff Reports No report(s) submitted.

12. REVIEW OF CORRESPONDENCE

Resolution No. C-080-2014 Moved by Ted Hessels Seconded by David Wyatt “THAT the report of the correspondence to Council dated March 25

th, 2014 and the

recommendations contained therein be adopted as circulated.”

CARRIED AS AMENDED (see below). Resolution No. C-081-2014 Moved by Ted Hessels Seconded by David Wyatt “THAT the recommendation for correspondence items no. 073 and 086 be amended to read ‘support request to waive deposit and rental fees’.”

CARRIED. Resolution No. C-082-2014 Moved by Ted Hessels Seconded by David Wyatt “THAT the recommendation for correspondence item no. 076 be amended to read ‘receive for information’.”

CARRIED. Resolution No. C-083-2014 Moved by Ted Hessels Seconded by David Wyatt “THAT the recommendation for correspondence item no. 083 be amended to read ‘receive for information’.”

CARRIED.

CORRESPONDENCE REFERRED TO COUNCIL 2014 03 25 072. From the Municipal Property Assessment Corporation (MPAC) to the Clerk, City of

St. Catharines, regarding MPAC’s 2013-2016 Strategic Plan and how it addresses changes to the property assessment process. A copy of this correspondence has been circulated to Council and to the Treasurer/Tax Department. REC. – receive for information.


073. From Kimberley Katch on behalf of the Wainfleet Minor Hockey Bantam Rep Team, requesting the waiving of rental and deposit fees for the Wainfleet Firefighters Community Hall for an end-of-year party for the hockey team. A copy of this correspondence has been circulated to Council. REC. – refer to Council support request to waive rental and deposit fees.

074. From Niagara Region Planning and Development Services providing Notice of

Regional Council’s February 27th decision to adopt Regional Policy Plan Amendment

RPPA 3-2013: Hamlet Policies Update. A copy of this correspondence has been circulated to Council and Planning. REC. – receive for information.

075. From Hospice Niagara providing notification of the upcoming Hospice Niagara 5 Car

Draw for which tickets will be sold throughout the Niagara Region, and providing a copy of its lottery license as per provincial regulation. A copy of this correspondence has been circulated to Council and to the Clerk/Lottery Licensing Officer. REC. – receive for information.

076. From McDonalds Restaurant, Port Colborne, inviting members of Council to

participate in McHappy Day, May 7th, 2014 to benefit Ronald McDonald House

Charities (RMHC) Canada. A copy of this correspondence has been circulated to Council. REC. – refer to Council receive for information.

077. From Randy Pettapiece, MPP, Perth-Wellington, thanking the Township of Wainfleet

for supporting his resolution on municipal joint and several liability insurance, debated before the Ontario legislature on February 27

th, 2014. A copy of this

correspondence has been circulated to Council. REC. – receive for information. 078. From the Township of West Lincoln regarding a resolution adopted by its Council on

February 24th, 2014 advising the Region of Niagara that West Lincoln declines to

participate further in the water/wastewater study conducted by Stantec on behalf of the Niagara Region, and that it will only participate with the Region and local area municipalities on determining best practices. A copy of this correspondence has been circulated to Council. REC. – receive for information.

079. From the Ministry of Citizenship and Immigration regarding the Lincoln M. Alexander

Award 2014 to honour young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination. Nominations are being accepted until May 31

st, 2014. A copy of this correspondence has been

circulated to Council. REC. – receive for information. 080. From the Clerk, Town of Grimsby to the Clerk, City of Port Colborne regarding a

resolution passed by its Council on March 17th, 2014 in support of Port Colborne’s

correspondence regarding the reform of joint and several liability insurance for municipalities. A copy of this correspondence has been circulated to Council. REC. – receive for information.

081. From Niagara Region Planning and Development Services regarding Regional

Official Plan Amendment 3 (ROPA 3) and West Lincoln Official Plan Amendment 37 (OPA 37) – West Lincoln Land Swap/Exchange and requesting any comments prior


to April 25th, 2014. A copy of this correspondence has been circulated to Council and

Planning. REC. – receive for information; refer to Planning for comment, if required. 082. From Niagara Region Planning and Development Services regarding Official Plan

Amendment 38 – Growth Plan Compliance Policies – Township of West Lincoln, and requesting any comments be submitted by April 25

th, 2014. A copy of this

correspondence has been circulated to Council and Planning. REC. – receive for information; refer to Planning for comment if required.

083. From the City of Port Colborne to Prime Minister Stephen Harper regarding a

resolution passed by its Council on March 10th, 2014 in opposition to the

construction of the nuclear waste repository in the Great Lakes Basin, and requesting the support of local area municipalities. A copy of this correspondence has been circulated to Council. REC. – refer to Council receive for information.

084. From Mayor Barry Sharpe, City of Welland, enclosing the Ontario Health Coalition

report Look Before You Leap: A Brief Review of the Plans and Evidence Regarding the Scarborough-West Durham Proposed Hospital Merger, and suggesting similar changes may be planned for the South Niagara hospital proposal. A copy of this correspondence has been circulated to Council. REC. – receive for information.

085. From Kevin Smith, Chief of Niagara Emergency Medical Services providing copy of

a media release regarding the ‘chain of survival’ for cardiac events and/or arrest, the Community Response Unit in Wainfleet and the efforts of the Pedal Angels in making Wainfleet Niagara’s first Heart Safe Community by placing 11 AED units and training an additional 150 local responders. A copy of this correspondence has been circulated to Council. REC. – receive for information.

086. From the William E. Brown Parent Council requesting the waiving of rental and

deposit fees for the Wainfleet Firefighters Community Hall for an event celebrating 100 years at William E. Brown School on Saturday, May 3

rd, 2014. A copy of this

correspondence has been circulated to Council. REC. – refer to Council support request to waive rental and deposit fees.

Unregistered

Welland & District SPCA Monthly Statistics - February, 2014 13. BYLAWS First & Second Reading

Resolution No. C-084-2014 Moved by David Wyatt Seconded by Ted Hessels “THAT the following bylaws be now read a first and second time this 25

th day of

March, 2014:


a) Bylaw No. 014-2014 being a bylaw pursuant to the provisions of Section 34 of the Planning Act, R.S.O. 1990 to amend Zoning Bylaw No. 581-78 of the Corporation of the Township of Wainfleet with respect to those lands forming Part of Lot 29, Concession 6 in the Township of Wainfleet, known municipally as 63027 Perry Road.”

CARRIED.

Third & Final Reading Resolution No. C-085-2014 Moved by Richard Dykstra Seconded by David Wyatt “THAT the following bylaws be now read a third time and finally passed this 25

th day

of March, 2014:

a) Bylaw No. 011-2014 being a bylaw to establish and regulate payment of various fees and charges within the Township of Wainfleet;

b) Bylaw No. 012-2014 being a bylaw to amend Schedule “C” to Bylaw No. 010-2011 being a bylaw to appoint a Committee of Adjustment, to delegate the authority for considering applications for minor variances and consents, to provide for compensation for the members of the Committee of Adjustment, and to adopt Policies, Procedures and Conditions for the Operation of the Committee of Adjustment.”

CARRIED.

14. NOTICE OF MOTION There were no notices of motion. 15. PROCLAMATIONS a) World Autism Awareness Day – April 2

nd, 2014

Resolution No. C-086-2014 Moved by Richard Dykstra Seconded by David Wyatt

“WHEREAS Autism Spectrum Disorder (ASD) affects more than 100,000 Ontarians, Autism Spectrum Disorder is now recognized as the most common neurological disorder affecting 1 in every 94 children, as well as their friends, family and community; and

WHEREAS ASD is a spectrum disorder, which means it not only manifests itself differently in every individual in whom it appears, but its characteristics will change over the life of each individual as well. A child with ASD will become an adult with ASD; and


WHEREAS Autism Ontario is the leading source of information and referral on autism and one of the largest collective voices representing the autism community, providing support, information and opportunities for thousands of families across the province since 1973; and

WHEREAS Autism Ontario is dedicated to increasing public awareness about autism and the day-to-day issues faced by individuals with autism, their families, and the professionals with whom they interact, sharing common goals of providing information and education, supporting research, and advocating for programs and services for the autism community;

NOW THEREFORE BE IT RESOLVED THAT Council for the Township of Wainfleet does hereby proclaim the 2

nd day of April, 2014 to be “World Autism

Awareness Day” in the Township of Wainfleet.” CARRIED.

16. OTHER BUSINESS

Autism and Industrial Wind Turbines

In light of the proclamation regarding World Autism Awareness Day, Alderman Wyatt called attention to the recent studies indicating that children with Autism Spectrum Disorder (ASD) are adversely affected by Industrial Wind Turbines. Rising Hydro Rates in Ontario Alderman Hessels inquired as to whether a request had been put forward to have the Ontario Ombudsman investigate the recent increases in hydro rates in Ontario, questioned by many municipalities through the passing of resolutions in opposition to such increases. Mayor Jeffs advised that several resolutions had been received and that they called for various actions on this issue. Council for the Township of Wainfleet has indicated its support of these resolutions. The Deputy Clerk was directed to re-circulate a copy of all resolutions received on this issue to Council.

17. CLOSED MEETING There were no Closed Meeting items. 18. BYLAW TO CONFIRM THE PROCEEDING OF COUNCIL

Resolution No. C-087-2014

Moved by Richard Dykstra Seconded by David Wyatt

“THAT the following bylaw be now read a first, second and a third time and finally passed this 25

th day of March, 2014:

a) Bylaw No. 015-2014 being a bylaw to adopt, ratify and confirm the actions of

the Council at its regular meeting held on the 25th

day of March, 2014.”

CARRIED.


19. ADJOURNMENT Resolution No. C-088-2014 Moved by Ted Hessels Seconded by David Wyatt “THAT Council for the Township of Wainfleet do now adjourn.”

CARRIED. Council adjourned at 7:58 p.m.

A. Jeffs, MAYOR

C.S. Luey, CLERK

DRAINAGE STAFF REPORT DSR-001/2014 TO: Mayor Jeffs & Members of Council FROM: B. Jackson, C.E.T. - Drainage Superintendent DATE OF MEETING: April 8

th, 2014

SUBJECT: Brown’s Tap Drain RECOMMENDATION(S):

THAT this report be received for information; THAT Council instructs the Engineer, Spriet Associates, to prepare a report that is separate from that of the City of Welland - Brown’s Tap Drain in compliance with Section 8, Chapter D.17 of the Drainage Act R.S.O. 1990; AND THAT the Council of the Township of Wainfleet authorizes and requests that the City of Welland allow divorcing from the inclusion/combination of the construction of the Brown’s Tap Drain.

EXECUTIVE SUMMARY:

Further to Drainage Staff Reports 001/2013, 002/2013, 003/2013, 004/2013 and 005/2013 which presented a background on the Brown’s Tap Municipal Drain, a Petition signed by the Road Authority, a Petition signed by the property owners of the Township of Wainfleet for a new branch drain into Wainfleet, and the need for a Joint Engineers report with the Township of Wainfleet and the City of Welland. The following update is provided relating to an On-Site Meeting for the Wainfleet Petitioners, which took place on March 13, 2014 at the Civic Square in the City of Welland.

At the meeting, an issue had been brought to the attention of Township Staff

concerning an agricultural land owner that has sustained significant crop losses over several years due to poor drainage and long delays in the preparation of the Engineer’s Report; further delays to this project may result in unrecoverable losses.

Township Staff recommends, in consideration of the aforementioned, that Council

divorce from the Joint Engineer’s Report with the City of Welland, in order to quicken the turnaround time and avoid substantial losses over an extended period of time.

BACKGROUND:

The Joint Engineers report was agreed upon at the April 9, 2013 Council meeting where Drainage Staff Report 001/2013 was approved and the recommendations contained in it were adopted. The Township of Wainfleet appointed Spriet Associates as the engineering firm in charge of creating a new report for a possible new branch drain off of the Brown’s Tap Drain in Welland. This new drain would be constructed in Wainfleet and provide drainage for Wainfleet lands.

DSR-001/2014 2014 04 08 Page 2

At the meeting, it was discussed that one of the petitioners (Agricultural land owner from Welland, Port Colborne and Wainfleet) sustained heavy losses to crops on the properties within the City of Welland due to wet conditions over the past few years. The losses have continued during the time this investigative work began to the present (approximately three years/seasons).

Also discussed was the fact that the report is still in the preliminary stages due to the

inclusion/combination of additional municipalities into the report. The City of Welland portion is at the point where a preliminary report can be prepared and a date set for the consideration of the Report by Welland City Council. In the best interest of the landowners in the City of Welland, the City inquired if the municipalities could be separated into individual reports to accelerate the construction and relieve the water in the Welland area. Since the drainage in the Township of Wainfleet is still in the preliminary investigation stage, it seemed reasonable to consider a separation of the municipalities from the joint report.

Discussion also took place considering the fact that a number of residential property

owners in Wainfleet are opposed to a Municipal Drain in the area, and that the preparation may be extended due to the appeal process.

Other considerations included the current lands that have Tile Drain Systems and

Award Drains in the area that would be affected by changing the location/direction of the flow of water and/or drains in the Wainfleet area. In addition, MNR and the Conservation Authority have a high interest in the flow of water directly north of the Wainfleet Bog, and the impact that any changes may have on Species at Risk (SAR) and SAR Habitat.

At the recommendation of the Engineer, Wainfleet staff contacted Sid Vander Veen

of OMAFRA to discuss divorcing from the “Joint Report”. After considerable discussion with OMAFRA and drainage practitioners, it was stated that nothing in the Drainage Act addresses such an issue and it was perceived that if this action was still in the best interest of the residents of the entire watershed area/area requiring drainage; then that is the direction Wainfleet Council may decide to make. OPTIONS/DISCUSSION: The Township has two options available:

Option One: authorize and request in a written letter, from Township of Wainfleet Council to City of Welland Council, to divorce from the inclusion/combination of the Joint Engineer’s Report.

Option Two: continue to proceed with the joint report as originally decided on the Brown’s Tap Drain.

FINANCIAL CONSIDERATIONS

In considering the economics of this decision, it is perceived that the costs attributed to separate reports is fairly insignificant in comparison to sustained losses, to agricultural land owners within the area requiring drainage, over an extended period of time.

DSR-001/2014 2014 04 08 Page 2

OTHERS CONSULTED:

Wray Ramsay – Contract Drainage Superintendent, Township of Wainfleet Henri Bennemeer – Drainage Superintendent, City of Port Colborne

ATTACHMENTS None. Respectfully prepared and submitted by: Approved by: Brett R. H. Jackson, C.E.T. C. Scott Luey Drainage Superintendent Chief Administrative Officer

DRAINAGE STAFF REPORT DSR-002/2014 TO: Mayor Jeffs & Members of Council FROM: B. Jackson, C.E.T. - Drainage Superintendent DATE OF MEETING: April 8, 2014 SUBJECT: 2014 Drain Maintenance Program RECOMMENDATION(S):

THAT this report be received for information

EXECUTIVE SUMMARY: Following is a summary of drainage works to be carried out in the Township during 2014. PROPOSED WORK FOR 2014:

According to the ongoing Drainage Maintenance Schedule and upon inspection and advice; the following Municipal Drains are due for maintenance and/or repairs:

Beezor Drain – Maintained in 2007 – Proposed length of cleaning = 31,600 ft

John Marr Drain – Maintained in 2007 – Proposed length of cleaning = 5,860 ft

Lambert Road Drain – Maintained in 2009 – Proposed length of cleaning = 18,000 ft

Merion Drain – Maintained in 2007 – Proposed length of cleaning = 1,700 ft

North Branch East Kelly – Maintained 2006 – Proposed length of cleaning = 10,500 ft

Petit Road Drain – Maintained in 2007 – Proposed length of cleaning = 4,430 ft

C.S.W. Drain # 20 – Maintained in 2004 – Proposed length of cleaning = 14,000 ft

C.S.W. Drain # 24 – Maintained in 2004 – Proposed length of cleaning = 5,675 ft The total length of cleaning is approximately 92,000 feet. These drains are being inspected to determine the extent of cleaning (brushing/mowing, bottom cleanout, spot repair, clearing debris, etc.)

Per usual, miscellaneous works will include tree removals and other obstructions,

replacement of culverts on an as required basis, beaver dam removals, and bank repairs.

In addition to the work completed on Municipal Drains, the Township’s excavator will be used for roadside ditch maintenance and repair. BACKGROUND:

The drains scheduled to be cleaned this year are all a part of our regularly scheduled maintenance program. This program has been in place since 1979, and has resulted in a major improvement in agricultural production in Wainfleet.

DSR-002/2014 2014 04 08 Page 2

OPTIONS/DISCUSSION: None. FINANCIAL CONSIDERATIONS: None. OTHERS CONSULTED: Wray Ramsay, Harold Kelly, and the Township’s Drainage Committee, were consulted to determine the 2014 Drain Maintenance Schedule. ATTACHMENTS: None. Respectfully submitted by: Approved by: ____________ Brett R. H. Jackson, C.E.T. C. Scott Luey Drainage Superintendent Chief Administrative Officer

BUILDING STAFF REPORT BSR-005/2014 TO: Mayor Jeffs & Members of Council FROM: T. Imhoff, Building & Septic Inspector / By-law Enforcement Officer DATE OF MEETING: April 8, 2014 SUBJECT: Financial Information for Mandatory Septic Re-Inspection Program RECOMMENDATION(S):

THAT this report be received for information; EXECUTIVE SUMMARY:

A total of 10 invoices were received from exp Services Inc. with a cumulative total of $127,337.17. These invoices were based on 1,083 property inspections charged at the initial rate of $76 as per proposal for a total cost of $93,008.04. The total number of properties includes 72 properties where additional attempts to inspect were required and, as a result, the Township was charged additional time and material for a total cost of $29,912.88. The Township was also invoiced additional fees for meetings, project management, admin, etc. totalling $4,416.25. A breakdown of costs can be found in Tables 1.0 to 3.0 within the discussion as well as in “Appendix B – exp Services Inc. Invoices”. The following is a list of milestones completed by exp Services Inc.:

Of the 1,083 properties identified in the inspection program, exp Services Inc. completed the inspection of 1,011 on the first or second site visit as per proposal;

72 properties required more attempts and the Township was charged time and materials to complete inspections as per proposal (please see Tables 1.0 to 3.0 and attached exp invoices for break down);

14 of those 72 properties required additional septic or excavating services which was contracted out to Cosby’s Septic and Excavating for a total cost of $2,879.41;

The invoices sent from exp Services Inc. did not breakdown time and materials used for each property so the Township does not know exactly how much time was spent at each property. exp Services did notify the Township of the 14 properties that required additional excavating. The bylaw that established the inspection program requires the Township to invoice these costs to the property owners that required the excavating services. The 58 property owners that did not require additional excavating would be charged $375.47 per property. The 14 properties that required additional excavating work would be charged an additional $205.67 on top of the $375.47 for a total of $581.14 per property.

BSR-005/2014 2014 04 08 Page 2

BACKGROUND: The initial scope of the mandatory re-inspection program included approximately 1,200 properties located between Wainfleet’s eastern and western boundaries and south of the Gord Harry Trail. Of these 1,200 properties, 117 were exempted from inspection for a variety of reasons. The intention of the mandatory on-site septic system inspection program is to identify and resolve hazards associated with malfunctioning and/or insufficient septic systems. The long term goal of this program is to achieve a way in which the Township may monitor septic systems in vulnerable and/or “at risk” areas and prevent any pollution to groundwater and nearby Lake Erie, and restore the safety of potable water in the lakeshore area currently under a Boil Water Advisory. DISCUSSION: Exp Services Inc. was authorized by Council to initiate this program April of 2013. The initial work plan indicated the inspection will be generally limited to a visual inspection of site surfaces, and potential follow-up should the systems be found deficient. Property inspections started in April with a completion target of November, 2013. The proposal stated an attempt to inspect each property will be made two times following the notification of the property owners. If the property is not accessible after two visits, any additional visits will be completed on a time and materials basis until the inspection takes place. Break Down of Costs The total cost of the project including all additional charges was $127,337.17. Table 1.0 outlines the number of properties charged at the normal rate of $76 per inspection and the remaining properties that required additional time and material:

Table 1.0 Total Cost of Re-Inspection Program

# of properties Cost $ (including HST)

Properties Completed within two attempts ($76) as per proposal 1083 93008.04

Number of properties that were charged time and material 72 29912.88

Additional charges (meetings, project management, admin etc..) 4416.25

TOTAL 127337.17

*for a complete breakdown of each invoice please see Appendix B

As part of the additional charges that are already included in the cost above, Cosby’s Septic and Excavating was hired to conduct additional digging and uncovering of septic tanks that were not exposed by the property owner. Table 2.0 in the following page below is a breakdown of additional charges including the 14 properties requiring additional septic and excavating services:

BSR-005/2014 2014 04 08 Page 3

Table 2.0 Additional Charges for Time and Material

Extras # of properties/

# of Hrs Cost $ (including HST)

Properties requiring additional septic and excavating 14 properties 2879.41

Project Management 41 hrs @ $90/hr 4169.70

Field Time/Reporting 327 hrs @ $55/hr 20323.05

Mileage 998.89

Admin 30 hrs @ $45/hr 1525.5

Building Supplies 16.34

TOTAL 29912.89

Exp Services Inc. did not specifically breakdown the time and materials used for each individual property. Since only 14 properties required additional septic and excavating, the remaining 58 properties would only be charged the sum of the additional costs minus the cost for additional excavating. Table 3.0 outlines the amount each individual property would be charged if the Township was to pass along these additional charges to individual property owners:

Table 3.0

# of properties Cost $ (including HST)

Charge per property not requiring additional septic & excavating 58 $375.47/ property

Charge per property requiring additional septic & excavating 14 $581.14/ property

*properties requiring additional septic & excavating were charged an additional $205.67 for the service plus the $375.47 for the remaining additional costs

Nearing the end of the project the Township received a list from exp Services containing all of the properties exp had attempted twice. After receiving the list the Chief Building Official issued an Order to Comply to every property owner which was sent to the owner’s primary address. After receiving the order, several homeowners called in expressing their frustration that either they had just received exp’s note attached to their door in Wainfleet when they finally came to their cottage or that this was the first notification received regarding the inspection. OPTIONS:

Council has the following options for consideration;

1. Absorb all of the additional costs of $29,912.89. 2. Absorb some of the costs and only pass along additional costs to

homeowners who did not do their due diligence or refused inspection. 3. Pass along all of the additional costs to homeowners as outlined in the

establishing bylaw.

BSR-005/2014 2014 04 08 Page 4

FINANCIAL CONSIDERATIONS: See Appendix “A”- Financial Information for Septic Re-Inspection Program ATTACHMENTS:

1. Appendix “A” – Financial Information for Septic Re-Inspection Program 2. Appendix “B” – Exp Services Inc. Invoices 3. Appendix “C”– Bylaw No. 018-2013 Mandatory On-site Sewage System

Inspection Program in the Corporation of the Township of Wainfleet Respectfully submitted by, Approved by, Trevor Imhoff, B.E.S C. Scott Luey Building & Septic Inspector Chief Administrative Officer By-Law Enforcement Officer

APPENDIX “A”

APPENDIX “B”

BSR-005/2014 2014 04 08 APPENDIX “B” Page 2

APPENDIX “C”

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. 018-2013

Being a bylaw to establish a Mandatory On-site Sewage System Inspection Program in the Corporation of the Township of Wainfleet.

WHEREAS the Council of the Township of Wainfleet has deemed it expedient to implement a mandatory on-site sewage system inspection program in the Township of Wainfleet, specifically within the lakeshore area currently under a Boil Water Advisory; AND WHEREAS Section 15.10.0 of the Building Code Act,1992, S.O.1992 c.23, as amended; allows an inspector to enter upon land and into buildings at any reasonable time without a warrant for the purpose of conducting a maintenance inspection; AND WHEREAS the authority for sewage system maintenance inspections are under the provisions of the Section 15.10.1 of the Building Code Act,1992, S.O.1992 c.23;

AND WHEREAS the intention of the mandatory on-site sewage system inspection program is to identify and resolve hazards associated with malfunctioning and/or insufficient sewage systems; AND WHEREAS the long term goal of this program is to achieve a way in which the Township may monitor sewage systems in vulnerable and/or “at risk” areas and prevent any pollution to groundwater and nearby Lake Erie, and to restore the safety of potable water in the lakeshore area currently under a Boil Water Advisory; AND WHEREAS Council has held a public meeting concerning the proposed fee changes pursuant to section 7.(6) of the Building Code Act, S.O 1992, c.23, as amended; AND WHEREAS Council has reviewed the proposed fee structure and determined that such fees will not exceed the anticipated reasonable costs of the Council to administer and enforce the Building Code Act pursuant to Section 7.(2) of the Building Code Act, S.O. 1992, C.23, as amended;

NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: THAT the attached Mandatory Onsite Sewage System Inspection Program, identified as Schedule ‘A’ attached hereto and forming part of this bylaw is hereby approved for implementation using Option 1 for invoicing;

AND THAT fees related to the Mandatory Onsite Sewage System Inspection Program shall be as set out in the Township of Wainfleet Fee’s Bylaw BL012-2013.

BSR-005/2014 2014 04 08 APPENDIX “C” Page 2

AND THAT Council hereby authorizes EXP. Services Inc. to initiate this program April 2013;

AND THAT this Bylaw shall come into force and effect immediately upon final

passing.

BYLAW READ A FIRST TIME THIS 26TH

DAY OF MARCH, 2013. BYLAW READ A SECOND TIME THIS 26

TH DAY OF MARCH, 2013.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 9

TH DAY OF APRIL, 2013.

A. Jeffs A. Jeffs, MAYOR

C.S. Luey C.S.Luey, DEPUTY CLERK


SCHEDULE “A” TO BYLAW NO. 018-2013

Request for Proposal EXP File No. Prop-HAM-00800292-AO

Mandatory Private Sewage System Inspection Program

1. Program Administration - Mandatory lnspection Program Exp's Project Coordinator and/or Project Manager will liaise with the Township's representative(s) to organize Site work. The Project Manager/Coordinator will be responsible for the completion of deliverables, and will utilize the field teams and support technicians and administrative resources allocated to project(s) to complete the required tasks. Exp's Project Manager/Coordinator will be responsible for the overall Quality Control of the project and will liaise with the Township's Representative(s) to identify any project concerns, should they arise. Exp's Field Manager will oversee the Site visits and documentation of sampling locations. 1.1 Public Communication Prior to commencement of the septic inspection process, exp will draft a letter to be approved by the Township. The letter will be send to all affected properties, explaining the value of the project, that the Scope of the project will be generally limited to a visual inspection of site surfaces, and potential follow-up should the systems be found deficient. ln addition, the letter will outline when the project will be occurring, contact information for questions and/or setting up an appointment, and information as to when and where a Public Meeting will be held. A copy of the questionnaire that will be used for the inspection will also be included with the letter. For seasonal residents, a permission form allowing exp access to the property for inspection purposes in the event that they are not in residence, will be included. Prior to April 1, 2013 a Public Meeting will be held to inform the Township residents about the Mandatory lnspection Program. An ad explaining the Mandatory lnspection Program and contact information for questions will be placed in the Welland Tribune for two weeks prior to April 1, 2013. It is understood that the Township will also place the add on the Town web-site prior to commencing the project. 1.2 Documentation Prior to inspection of the properties, exp will review all available documentation from the Township of Wainfleet and the Region of Niagara. An inspection report documenting the name, address, property legal description, class of sewage system, leaching bed type, visual identification of components of an unsafe sewage system, a diagram of all relevant land features, and remedial work required will be completed for each Site. A copy of the report will be provided to the homeowner and a copy


of the report will be maintained with the Township. A follow up letter will be provided to each homeowner detailing the results of the inspection, their requirements for repair, potential for enforcement actions/orders if not repaired and/or that the system is in good working condition as of the date of inspection. 2. Inspection Process A visual inspection of each property will be undertaken between April and November 2013. The program may include, but is not limited to:

Review of septic records (if available)

Type of building

Type of tank

Type of system

Age of system

Visible evidence of sewage/effluent

Odours

Open/examine inside of tank (if accessible) to estimate size, condition, filters, etc.

Estimate tank volume

Estimate sludge depth/volume

Visible evidence of erosion

Groundwater flow towards the system

lf tank is in proper location on the property

lf septic bed has vegetation growth .

lf system is location >50 feet from a water source

ls there a privy on the property

ls the property water access only

Does the system serve more than one building

Does the system use a pump chamber

Does system approval exist

Previous complaints

Soil sampling

Examine runs with portable snake to find malfunctions

Dye test

Copy of date stamped receipt of last tank pump out It is understood that some residences are seasonal and the inspection process will be completed accordingly. 3. Project Understanding and Work Plan It is understood that following a number of investigations completed by the Township of Wainfleet and the Region of Niagara, the Township has decided to undertake a mandatory private sewage inspection program for the residences within the "Boil Water Advisory" which encompasses the Gordon Harry Trail (north), the Port Colborne Town Line (east), the Haldimand Township Line (west) and Lake Erie (south). The area encompasses approximately 1200 properties with on-site private sewage systems.


It is further understood that approximately 150 - 300 properties will be exempt from the program. Exemptions will include properties that were newly constructed or repaired within 3 years prior to the commencement of the program. It is understood that the Township's main objective is to inspect existing sewage disposal systems for malfunction, deterioration, erosion and overall compliance with the OBC. 3.1 Work Plan Prior to commencement of the septic inspection process, exp will draft a letter to be approved by the Township. The letter will be send to all affected properties, explaining the value of the project, that the Scope of the project will be generally limited to a visual inspection of site surfaces, and potential follow-up should the systems be found deficient. A public meeting will then be held. Following the public meeting, property inspections will begin the first of April 2013 with a completion target of on or before November 30, 2013. Following the inspections, a letter will be sent to each property owner outlining any deficiencies found, along with a copy of the inspection report. For properties where no deficiencies were found, a MMAH Certificate documenting compliance with Part 8 of the OBC will be provided to residents. An attempt to inspect each property will be made two times following the notification of the property owners. lf the property is not accessible after two visits, any additional visits will be completed on a time and materials basis until the Site is inspected. Concurrently with the inspection process, a GIS database will be created to provide mapping for inspected properties. lncluded in the database will be site address, property tax assessment numbers, risk factors, if the property has been flagged for follow-up, and a copy of inspection reports. The database will be formatted and provided to the Township of Wainfleet prior to December 31, 2013. 4. Schedule of Work A detailed weekly project schedule, identifying all major components of this project, including anticipated start and completion dates is provided on the Table below. The work plan addresses all aspects of the Scope of Work provided. It is expected that the Township of Wainfleet will provide previous available reports, tables and drawings and be available to answer questions during the project timeframe. ln addition it is expected that the Township representative will be available for a summary meeting following completion of all inspections.


5. Records Management Exp will be responsible for collecting septic records from the Township and/or the home owner if no records are present in the property files. Exp will maintain a daily report and will submit the reports weekly to the Township. If a problem with an inspected sewage system is identified, a report will be submitted within 1 day of completion of the inspection. The report will include all pertinent information collected with respect to the property. Written and electronic records and Statistics as required by the OCB will be maintained and compiled in a Septic System Database. 6. Enforcement Exp will provide a list of inspectors and other associated staff detailing qualifications and BCIN upon award of the project. Exp will provide Reception time of six hours per week (days/times TBD) at the Township's Municipal offices for the purposes of receiving permits and fielding applicant questions. 6.1 Contravention of Bylaw/Offence Every person who contravenes any provision of this bylaw is guilty of an offence and on conviction is liable to a fine as provided in Section 36 of the Building Code Act, 1992, S.O. 1992 c.23, as amended.


7. Budget and lnvoicing 7.1 MANDATORY PRIVATE SEWAGE SYSTEM INPECTION PROGRAM 7.1.1 Option I – Invoice Township of Wainfleet Based on the expected inspection of approximately 1,050 properties (1200 identified properties minus grandfathered properties), the cost PER SITE is expected to be $76.00 plus HST. The cost estimate for proposed work is summarized in the following table.

For this proposal, the compensation to exp for additional services, such as meetings, court appearances, additional investigative work, if required, will be in accordance with the following Unit Rates:

8. Validity In the event that any provision of this bylaw is declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the remaining provisions of this bylaw.

CORRESPONDENCE REFERRED TO COUNCIL 2014 04 08 087. From Niagara Region Planning and Development Services providing a Notice of

Decision to Adopt Regional Official Plan Amendment 5-2013 (RPPA 5-2013) – Consultation, Engagement and Implementation Policies. Appeals must be submitted by April 10

th, 2014. A copy of this correspondence has been circulated to Council

and Planning. REC. – receive for information. 088. From Wolleston Township to the Honourable Kathleen Wynne, Premier of Ontario,

providing a resolution passed by its Council on February 28th, 2014 with regard to

provincial direction regarding development on private roads. A copy of this correspondence has been circulated to Council and Planning. REC. – receive for information.

089. From the Office of the Regional Clerk, Niagara Region, regarding a resolution

adopted by its Council on January 16th, 2014 calling on Premier Wynne and the

Province of Ontario to take immediate action to prevent the proposed hydro rate and any other rate increases from being implemented, and requesting the support of all Ontario municipalities. A copy of this correspondence has been circulated to Council. REC. – support resolution; copy to Premier Wynne, local MPPs, and all Ontario Municipalities.

090. From Cindy Forster, MPP, to the Ministry of Natural Resources, expressing concern

over recent actions of the Niagara Peninsula Conservation Authority and making several requests for action by the Ministry including reviews of the NPCA and a moratorium on current and future NPCA land acquisitions and disposals until the reviews are completed. A copy of this correspondence has been circulated to Council. REC. – receive for information.


passed by its Council on March 20th, 2014 approving the recommendations of

Integrated Community Planning Committee Report ICP 26-2014 – Smarter Niagara Incentives Program – Progress Update and 2013 Review. A copy of this correspondence has been circulated to Council. REC. – receive for information.


passed by its Council on March 20th, 2014 approving the recommendations of

Integrated Community Planning Committee Report ICP 27-2014 – Project Initiation Report: Regional Official Plan Amendment 4 (ROPA 4) – Growing the Economy. A copy of this correspondence has been circulated to Council and Planning. REC. – receive for information.

093. From the Ministry of Natural Resources providing Notice of the 2014 Lake Erie

Angler Outreach Meeting, to be held on Wednesday, April 16th, 2014 at 7:00 p.m. at

the Port Colborne and District Conservation Club, 3757 2nd

Concession, Port Colborne ON. A copy of this correspondence has been circulated to Council. REC. – receive for information.

094. From the Minister Responsible for Seniors Affairs, requesting a proclamation of

June, 2014 as Seniors Month in the Township of Wainfleet. A copy of this correspondence has been circulated to Council. REC. – support request.

Correspondence Referred to Council 2014 04 08 Page 2

095. From the Township of West Lincoln providing Notice of an Application to Amend Zoning Bylaw 79-14 – Medical Marihuana – Township of West Lincoln – Bylaw No. 2014-17 to provide zoning provisions regarding medical marihuana production prior to changes to the Marihuana for Medical Purposes Regulation. The last day for appeal is April 16

th, 2014. A copy of this correspondence has been circulated to

Council and Planning. REC. – receive for information. 096. From the Office of the Regional Clerk, Niagara Region regarding a resolution passed

by its Council on March 20th, 2014 approving the recommendations of Public Works

Committee Report PW 36-2014 – Combined Sewer Overflow (CSO) Control Policy – 2014 Funding Recommendations – Parent Project ZSW1410. A copy of this correspondence has been circulated to Council. REC. – receive for information.

097. From Region of Niagara Public Health, requesting the appointment of a

representative from the Township of Wainfleet for the working group being formed to discuss the implementation and enforcement of Bylaw 112-2013 – Regional Bylaw to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke, and providing the terms of reference for the working group. A copy of this correspondence has been circulated to Council. REC. – refer to Council to appoint representative.

098. From the City of Port Colborne to the Honourable Kathleen Wynne, Premier of

Ontario, regarding a resolution passed by its Council on March 24th, 2014,

requesting amendments to Bill 69, The Prompt Payment Act, 2013. A copy of this correspondence has been circulated to Council. REC. – receive for information.

099. From the City of Port Colborne to the Honourable Kathleen Wynne, Premier of

Ontario, regarding a resolution passed by its Council on March 24th, 2014 calling on

the Government to reform joint and several liability in favour of the “Combined Model”. A copy of this correspondence has been circulated to Council. REC. – receive for information.

100. From the Township of West Lincoln providing Notice of a Public Hearing for the

Committee of Adjustment of an Application for Consent to Sever – File No. B2/2014WL – Robert Young – 3602 East Chippawa Road. A copy of this correspondence has been circulated to Council and Planning. REC. – receive for information.


passed by its Council on March 20th, 2014 approving the recommendations of Public

Works Committee Report PW 31-2014 – Escarpment Crossing Study – Analysis of Alternatives and Proposed Next Steps. A copy of this correspondence has been circulated to Council. REC. – receive for information.

102. From Niagara Region Planning and Development Services, providing a Request for

Comments on Proposed Regional Official Plan Amendment 1 (ROPA 1) – Organizational Framework of the Regional Official Plan. Comments are requested by June 1

st, 2014. A copy of this correspondence has been circulated to Council and

Planning. REC. – receive for information.

Correspondence Referred to Council 2014 04 08 Page 3

103. From the Town of Minto to the Honourable Kathleen Wynne, Premier of Ontario, regarding a resolution passed by its Council on April 1

st, 2014 calling on Premier

Wynne and the Province of Ontario to take immediate action to prevent the proposed hydro rate and any other rate increases from being implemented, and requesting the support of all Ontario municipalities. REC. – receive for information.

Unregistered

None.

CORPORATION OF THE


BYLAW NO. 014-2014

Being a bylaw pursuant to the provisions of Section 34 of the Planning Act, R.S.O. 1990 to amend Zoning Bylaw No. 581-78 of the Corporation of the Township of Wainfleet with respect to those lands forming Part of Lot 29, Concession 6 in the Township of Wainfleet, known municipally as 63027 Perry Road.

WHEREAS the Corporation of the Township of Wainfleet has reviewed Zoning Bylaw No. 581-78 and deems it advisable to amend same: NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS:

THAT Schedule “A” of Zoning Bylaw No. 581-78, as amended, is hereby further amended by changing the zoning of Parcel 2 from A2- Agricultural to A2-349 as shown on Schedule “A” hereto.

THAT Schedule “A” of Zoning Bylaw No. 581-78, as amended, is hereby further

amended by changing the zoning of Parcel 3 from Agricultural – A2 to Open Space – O1 as shown on Schedule “A” hereto.

THAT Section 31 entitled “Exceptions” from Zoning Bylaw 581-78, as amended, is

hereby further amended by adding the following new subsection as follows:

349. Notwithstanding Sections 9.1 (ii) & (iii), 9.2.1 (a), (b) & (d), and Section 9.2.3 (a) to the contrary, the following shall apply: (i) No dwelling be permitted on Parcel 2 (ii) Minimum Lot Are – 15.86 hectares (iii) Parcel 1 be exempt from the requirements of

Sections 7.26 and 7.28 regarding Minimum Distance Separation

THAT pursuant to Section 34(17) of the Planning Act, as amended, no further public

meeting is required. THAT this Bylaw shall come into force, take effect and be passed on the third and final

reading hereof subject to the provisions of Section 34 of the Planning Act.

BYLAW READ A FIRST TIME THIS 25TH DAY OF MARCH, 2014. BYLAW READ A SECOND TIME THIS 25TH DAY OF MARCH, 2014. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 8TH DAY OF APRIL, 2014.

A. Jeffs, MAYOR

C.S. Luey, CLERK

SCHEDULE “A” TO BYLAW NO. 014-2014


Lands exempt from Sections 7.26 and 7.28 of By-law 581-78 (MDS Formula)

THIS IS SCHEDULE “A” TO BYLAW NO. 014-2014. PASSED THIS 8


Lands to be rezoned from A2 - Agricultural to A2- Special “Agricultural Purposes Only” with a reduced area of 15.86 Ha

Lands to be rezoned from A2 – Agricultural to Open Space – O1

MAYOR

File No. Z-05-2013 (SIDER, Christian & Mary)

CLERK

Parcel 2 “Agricultural - A2” to

“Agricultural Purposes

Only” (A2 – Special)

Parcel 1 Exempt from

MDS

setback

requirements

Parcel 3 “Agricultural – A2” to

“Open Space – O1”

PROCLAMATION

Seniors’ Month WHEREAS Seniors’ Month is an annual nation-wide celebration; WHEREAS seniors have contributed and continue to contribute immensely to the life and vibrancy of this community; WHEREAS seniors continue to serve as leaders, mentors, volunteers and important and active members of this community; WHEREAS their contributions past and present warrant appreciation and recognition and their stories deserve to be told; WHEREAS the health and well-being of seniors is in the interest of all and further adds to the health and well-being of the community; WHEREAS the knowledge and experience seniors pass on to us continues to benefit all; NOW THEREFORE BE IT RESOLVED that the Township of Wainfleet do hereby proclaim June 1

st to 30

th, 2014 to be Seniors’ Month in the Township of Wainfleet

and encourage all citizens to recognize and celebrate the accomplishments of our seniors.

THE CORPORATION OF THE


BYLAW NO. 016-2014

Being a bylaw to adopt, ratify and confirm the actions of the Council at its regular meeting held on the 8

th day of April, 2014

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

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

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

NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS:

1. (a) The actions of the Council at its meeting held on the 8

th day of April, 2014 including

all resolutions or motions approved, are hereby adopted, ratified and confirmed as if they were expressly embodied in this bylaw.

(b) The above-mentioned actions shall not include: (i) any actions required by law to be taken by resolution, or

(ii) any actions for which prior Ontario Municipal Board approval is required, until

such approval is obtained.

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

3. Unless otherwise provided, the Mayor and Clerk are hereby authorized and directed to

execute and the Clerk to affix the seal of the corporation of the Township of Wainfleet to all documents necessary to give effect to the above-mentioned actions.

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

BYLAW READ A FIRST TIME THIS 8TH

DAY OF APRIL, 2014. BYLAW READ A SECOND TIME THIS 8


BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 8


A. Jeffs, MAYOR

C.S. Luey, CLERK

wainfleet council april 8

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