C22/11

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET REGULAR MEETING OF COUNCIL AGENDA TUESDAY, NOVEMBER 22, 2011 at 7:00 P.M. COUNCIL CHAMBERS

1. 2. 3.

Call to Order National Anthem Opening Prayer a) Alderman Richard Dykstra Disclosure of Pecuniary Interest and the General Nature Thereof Presentations Public Hearings Application for Rezoning File No. Z-04-2011 (Newhouse Onions Limited) Purpose of the Meeting: The purpose of the public meeting is to consider a proposed amendment to the Townships Zoning Bylaw 581-78, as amended, under Section 34 of the Planning Act. The Township has received an application on behalf Newhouse Onions Limited to amend the zoning on a property on the south-east corner of Highway #3, being Part of Lots 28 and 29, Concession 4 and known municipally as 43069 Wills Road. Purpose of the Application: The subject lands, being Parts 1, 2, and 3, are proposed to be rezoned from DDevelopment to R1-Residential to permit the construction of a detached dwelling on each of the parcels. Part 4 is proposed to be rezoned from and to recognize a reduced lot area and a reduced lot frontage. A portion of Part 1 is proposed to be rezoned from A1-Agricultural & D-Development to A1-Special to recognize non-conformities created with the Zoning Bylaw and as a result of the proposed consent to sever.

4. 5. 6. a)

7.

Delegations a) Pam Swick Janjac, Port Cares, Re: Requesting Council Support for Port Cares Reaching Out & Changing Lives Capital Campaign

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8. 9. 10.

Business Arising from Delegations Mayors Announcements & Remarks Adoption of the Minutes a) Minutes of the Regular Meeting of Council held on November 8th, 2011 and November 16th, 2011 Staff Reports and Recommendations a) Planning Staff Reports i) PSR-016/2011 Re: Revised Development Proposal for 11631 Burnaby Road Skydive Burnaby Inc. b) Administration Staff Reports i) ASR-023/2011 Re: Budget Variance Report ii) c) ASR-024/2011 Re: Wainfleet Youth Committee Appointments

11.

Drainage Staff Reports i) DSR-007/2011 Re: Tile Drain Loan Application Oosterhof/Stayzer Building Staff Reports No report(s) submitted Public Works Staff Reports i) PWSR-022/2011 Re: Services for Arena ii)

d)

e)

Recommendation for Award of Architectural

PWSR-023/2011 Re: Recommendation of Recreation Master Plan Implementation Committee Members and Approval of Terms of Reference PWSR-024/2011 Re: Recommendation Remediation for former Fuel Tank Area for Contaminated Soil

iii)

f)

Fire Staff Reports No report(s) submitted Building Enforcement Staff Reports No report(s) submitted

g) 12. 13.

Review of Correspondence Bylaws First & Second Reading a) Bylaw No. 034-2011 being a bylaw to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2012. b) Bylaw No. 035-2011 being a bylaw to appoint members to the Wainfleet Youth Committee.

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Third & Final Reading a) Bylaw No. 031-2011 being a bylaw to amend Bylaw No. 021-2010 being a bylaw to govern the proceedings of the Township of Wainfleet Council, the conduct of its Members and the calling of meetings. 14. 15. 16. 17. 18. Notices of Motion Proclamations Other Business Closed Meeting Adjournment of Meeting

C20/11

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 at 31940 Highway #3, Wainfleet, Ontario, on Tuesday, November 8th, 2011 at 6:00 p.m. PRESENT: A. Jeffs, R. Dykstra, T. Hessels, B. Konc, D. Wyatt T. Lamb, S. Luey, R. Madere, G. Munday, G. Wuisman

STAFF PRESENT: 1.

CALL TO ORDER The Council meeting was called to order by Mayor Jeffs. Resolution No. C-303-2011 Moved by Betty Konc Seconded by David Wyatt THAT an amendment to the agenda be made to allow Council to move in Closed Session. CARRIED.

2.

3.

CLOSED MEETING Resolution No. C-304-2011 Moved by Betty Konc Seconded by Richard Dykstra THAT Council now move in closed session to discuss an item under: a) Item under Section 239 (2) (f) of the Municipal Act, 2001 advice that is subject to solicitor client privilege, including communications necessary for that purpose regarding Ontario Municipal Board hearing Interim Control Bylaw (1item). Item under Section 239 (3.1) of the Municipal Act, 2001 a meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied: 1. The meeting is held for the purpose of educating or training the members.

b)

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2.

At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decisionmaking of the council, local board or committee. CARRIED.

Rise and Report Council reconvened at 7:00 p.m. Mayor Jeffs reported that Council met to discuss an item under Section 239 (2) (f) advice that is subject to solicitor client privilege, including communications necessary for that purpose regarding Ontario Municipal Board hearing dealing with the Interim Control Bylaw and items under Section 239 (3.1) where the Township solicitors provided an educational component session for Council. Mayor Jeffs noted that no resolutions emanated therefrom. 4. 5. NATIONAL ANTHEM OPENING PRAYER Alderman Wyatt delivered the opening prayer. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Alderman Ted Hessels declared a pecuniary interest with regard to the public meeting dealing with the proposed ATV trail as he owns property abutting the proposed trail and did not participate in the debate. PRESENTATIONS None. PUBLIC HEARINGS a) Quad Niagara ATV Club Proposed ATV Trail This public hearing was chaired by Mayor Jeffs. Mayor Jeffs explained the purpose of the public hearing is to gather public input regarding Quad Niagaras proposal to create an ATV trail on Townships unopened road allowances from Elsie Road to Farr Road between Concession 5 and 6. Mayor Jeffs opening remarks are attached and forming part of the minutes. b) Request for Comments, Questions, Input from Anyone in Attendance Mayor Jeffs requested input and comments from anyone in attendance pertaining to Quad Niagara ATV Clubs proposal.

6.

7.

8.

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The following was offered: Graham Ross, 51647 Willford Road Mr. Ross stated he has been a resident for 20 years. His property abuts an abandoned rail line, two municipal drains and Forks Creek and as a result people are continually accessing his land causing damage, fires and taking the liberty of having picnics on his property. Mr. Ross expressed concern over the potential of people getting injured and the increase in liability the ATV trail will cause. Mr. Ross closed his remarks by stating that he moved to Wainfleet for the solitude not to be exposed to outside influences. Craig Watkey, Regional Road 27 Mr. Watkeys property is located on the east side of Farr Road where he owns and operates a police dog training facility. Mr. Watkey expressed concern over the increase of disruption and noise the ATVs will create as well as the negative impacts it will have on his kennel operation. Mr. Watkey noted that in the City of Thorold, concrete blocks were installed to obstruct the passage of ATVs; however, the blocks were moved to regain access. Mr. Watkey stated that Quad Niagara has an established trail in Cooksmills and doesnt understand the need to create one in Wainfleet. Other noted concerns were issues of detrimental impact to wildlife (i.e. deer and other species), increased traffic, disobedience to rules, damage to floodplains, negative impacts to neighbouring farming communities and the inability for emergency service vehicles to access injured persons. Nettie Emerson, 42171, Highway #3 Mrs. Emerson stated her immediate familys opposition to the proposed ATV trail. Mrs. Emerson expressed concerns regarding the noise and the lack of regard the riders have for the rules and speed limits, noting that she has personally witness two incidents were quads entered her property without permission. Ken Edwards, 12165 Concession 1 Road Mr. Edwards conveyed that ATV riders have no respect or concern for damage caused to properties. ATVs have left ruts in two of Mr. Edwards hayfields and when he has approached the riders they show no regard for the damages they have inflicted. Mr. Edwards stated illegal use of ATVs is an ongoing issue that needs to be addressed before someone gets seriously hurt. Heather Letourneau, 72353 Regional Road 27 Ms. Letourneau stated the proposed trail abuts her backyard and as a result she would have to dismantle hunting stands on her property which are utilized by her family whom are avid hunters in order to avoid liability issues. Susan Stayzer, 72558 Regional Road 27 Ms. Stayer stated her opposition to the proposed ATV trail and inquired as to who would clean-up the garbage left by the riders and in turn, who would pay for the wages of that person or would it come from the tax base. Jim Farr, 72242 Regional Road 27 Mr. Farr questioned Councils need to create an ATV trail for outside residents and waste taxpayers dollars. The proposed trail will split Mr. Farrs field in two

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sections thus halting production. As well Mr. Farr was instructed by his insurance provider to increase his liability insurance. Mr. Farr believes ATVs will continue to destroy Township roads and urges that Council not support Quad Niagaras request. Jason Beamer, Regional Road 27 Mr. Beamer believes ATV riders should purchase their own property to ride on and not make abutting land owners endure any associated negative impact. Alternatively riders can utilize existing licensed trails. Mr. Beamer also noted that riders eventually veer off of trails and onto abutting crops. Barbara Jacobson, 52247 Misener Road Ms. Jacobson stated her opposition to the proposed ATV trail. Ms. Jacobson has enjoyed the peace and tranquility of her property for 22 years and wants to continue enjoying that tranquility for another 22 years. Jerry Prentice, 43858 Flanagin Road Mr. Prentice who farms Mr. Farrs property including the unopened road allowance stated his opposition to the proposed ATV trail and expressed concern over the damage that will be caused to crops, farming equipment and to the road should the trail be approved. Mr. Prentice urged Council to respect the contributions from local farming operations, as Wainfleet is becoming known as the best agricultural base in Niagara. Dean Webb, 52350 Willford Road Mr. Webb informed Council that he has visited thirty-three (33) properties that would be affected by the proposed trail and has collected thirty-one (31) signatures in opposition. Mr. Webb believes that the local people have spoken. John McAdam, 10646 Quarry Road Mr. McAdam stated that when he purchased his property it was done with full knowledge that the opening of the road allowance was probable but not for an ATV trail. Mr. McAdam is of the opinion that Council does not completely understand the ramifications of approving an ATV trail and referred to the Gord Harry trail as prime example of the damage caused by the illegal use of quads, snowmobiles, dirt bikes, etc., as well as the lack of enforcement by the Niagara Regional Police and the Niagara Conservation Authority. Mr. McAdam also noted that club members might abide by the rules and regulations; however there are those who will not and cause severe damage to abutting properties. Mr. McAdam concluded by stating that he had to replace thirty-five (35) acres of fencing that was destroyed by trespassers. Colt MacMillan, 63066 Perry Road Mr. MacMillan is in support of the proposed ATV trail as it will provide him a legalized place to ride his quad. John Homan, 53758 Willford Road Mr. Homan expressed concerns over the damage done to fields and crops by ATVs and fears for his safety should he attempt to confront the trespassers.

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Robert Montgomery, 52418 Highway #3 Mr. Montgomery is of the opinion that owners of quads need a place to ride and the proper establishment of a trail would take them off of the roads and fields. Gabriel Harry, 11335 Fowler Road Mr. Harry stated he is a lifelong resident of Wainfleet and rides in the community with the permission of private land owners. Mr. Harry conveyed that he doesnt like riding on the roads and if given the opportunity to ride on an established trail he would gladly abide by the rules and regulations. Tracy Lynn Bell, President of Quad Niagara ATV Club Ms. Bell presentation notes were submitted to the Clerk to be accurately noted in the minutes and are attached and forming part of the minutes. Brian Fear, 50836 OReillys Road Mr. Fear expressed concern for how the proposed trail will be controlled and understands that the tax base will not be funding this project however, a quad trail may be deemed as a non-desirable entity and result in lower assessment values. Mr. Fear appreciates the NIMBY exercised but questions whether it is a Council responsibility to provide such a use. Darlene Jackson, 62060 Regional Road 27 Ms. Jackson believes that education is paramount especially in young riders and that ATV riders should have the same rights to a riding trail as horseback riders, dog walkers, etc. Niagara Regional Police, Constable Mark Dixon Constable Dixon is cognizant of the complaints and issues residents have regarding illegal use of ATVs and conducts numerous investigations of trespassing on private property. Constable Dixon stated that he does not have an opinion on the proposed trail but noted the regulations for quad riders are as follows: ATV riders must be sixteen (16) years of age, wear a helmet, and abide by the rules and regulations of the Highway Protection Act and other related regulations. As well, the quad must be licensed and insured. The fine for noncompliance is $5,000.00. In addition, Constable Dixon noted that the Niagara Regional police do have ATV officers that are trained (with assistance from Quad Niagara) to enforce rules and regulations on trails and beaches. The officers are also trained in search and rescue for missing persons. Peter Binka, 11440 Morgans Point Road Mr. Binka is of the opinion that the proposed trail will create revenue for the Township and is familiar with the success involving the Owen Sound ATV trails. Tracy Lynn Bell fielded questions from the public with regard to linking systems, where trailers are going to be housed, splitting farming operations, representation on various boards and committees, working closely with the Niagara Regional Police, customizing a mobile stretcher that will be available for emergency responses only, creating a bylaw to permit riding on road allowance and ATVs crossing at roadways on a 90 degree angle.

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Alderman Wyatt thanked everyone for being in attendance and understands the proposed ATV trail is a divided issue. In summary, Alderman Wyatt stated farming on an unopened road allowance is a privilege not a right and that the real issue is that the sport of ATV riding has not been organized in the Township. Quad Niagaras proposal is intended to bring organization to quad riding in Wainfleet. Alderman Wyatt also noted that the proposed trail is in keeping with the recently approved Recreation Master Plan and views the trail as an opportunity to generate tourism and revenue within Wainfleet. In response to a question raised by Alderman Dykstra, the Director of Operations noted that the Province does not legislate municipalities to maintain unopened roadways. Alderman Dykstra is of the opinion that farmers are doing a service to the community and the Township by farming unopened road allowances. c) Closing In closing Tracy Lynn Bell (Quad Niagara ATV Club) withdrew Phases 1 and 2 of the proposed ATV trail. Alderman Wyatt noted that the Recreation Master Plan Implementation Committee should consider all alternative proposals presented by Quad Niagara and collectively present to Council at a later date. Mayor Jeffs thanked all for attending the meeting and noted that comment forms are available for those who are interested. The public hearing was adjourned at 8:40 p.m. by Mayor Jeffs. Written comments submitted after the Public Hearing are attached and form part of the minutes. Resolution No. C-305-2011 Moved by Betty Konc Seconded by David Wyatt THAT Council take a five (5) minute recess. CARRIED. 9. DELEGATIONS a) Skydive Burnaby (Tara Pitt), 11631 Burnaby Road, addressed Council to discuss the outstanding order against her property with regard to the location of employee trailers and seek an alternative solution.

Township of Wainfleet Council Meeting Minutes, November 8th, 2011

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10.

BUSINESS ARISING FROM DELEGATIONS Resolution No. C-306-2011 Moved by David Wyatt Seconded by Ted Hessels THAT Skydive Burnaby submit a proposed five-year site plan to the Manager of Planning; AND THAT a Planning Staff Report addressing the site plan, zoning requirements and all other related planning matters be submitted at the next regularly scheduled Council meeting November 22nd, 2011. CARRIED AS AMENDED (see below). Resolution No. C-307-2011 Moved by Richard Dykstra Seconded by David Wyatt AND THAT staff be directed to consult with our Township solicitor with regard to lifting the Interim Control Bylaw to allow Skydive Burnaby to construct approved lodging. CARRIED.

11.

MAYORS ANNOUNCEMENTS & REMARKS The Mayors comments are enclosed in the November 8th Council meeting folder.

12.

ADOPTION OF THE MINUTES a) Minutes of the Regular Meeting of Council held on October 25th, 2011 Resolution No. C-308-2011 Moved by Ted Hessels Seconded by David Wyatt THAT the minutes of the Regular Council meeting held on October 25th, 2011 be adopted as circulated. CARRIED.

13.

STAFF REPORTS AND RECOMMENDATIONS a) Planning Staff Reports None.

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b)

Administration Staff Reports i) ASR-022/2011 Re: Purchase of Building Department Truck RECOMMENDATION(S): THAT this report be received; THAT Council authorize the purchase of a pick-up truck for the Building and Bylaw Enforcement Department; AND THAT Council approve the use of funds from the Building Department Reserve for the purchase. Resolution No. C-309-2011 Moved by Ted Hessels Seconded by Richard Dykstra THAT Administration Staff Report ASR-022/2011 Re: Purchase of Building Department Truck and the recommendations contained therein be adopted as circulated. CARRIED AS AMENDED (see below). Resolution No. C-310-2011 Moved by Ted Hessels Seconded by Richard Dykstra AND THAT the Building Department vehicle only be utilized during Township operating hours and not for personal use. CARRIED.

c)

Drainage Staff Reports i) DSR-006/2011 Re: Tile Drain Loan Application - Oosterhof RECOMMENDATION(S): THAT this report be received for information; AND THAT Council approve the application for loan submitted by Glenn Oosterhof.

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Resolution No. C-311-2011 Moved by Ted Hessels Seconded by Richard Dykstra THAT Drainage Staff Report DSR-006/2011 Re. Tile Drain Loan Application Oosterhof and the recommendations contained therein be adopted as circulated. CARRIED. d) Building Staff Reports i) BSR-012/2011 Re: Building Permit Report October 2011 RECOMMENDATION(S): THAT this report be received for information. Resolution No. C-312-2011 Moved by David Wyatt Seconded by Betty Konc THAT Building Staff Report BSR-012/2011 Re: Building Permit Report October 2011 and the recommendations contained therein be adopted as circulated. CARRIED. e) Public Works Staff Reports i) PWR-020/2011 Re: Re-allocation of Funds for Capital Projects RECOMMENDATION(S): THAT Council approve the re-allocation of unused monies from previous capital projects to the Sugarloaf Street rehabilitation project; THAT Council approve the re-allocation of surplus monies from the Operating Budget to the Marshville Drive Extension project; AND THAT Council authorize the Treasurer to make the appropriate accounting entries.

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Resolution No. C-313-2011 Moved by Ted Hessels Seconded by David Wyatt THAT Public Works Staff Report PWR-020/2011 Re: Re-allocation of Funds for Capital Projects and the recommendations contained therein be adopted as circulated. CARRIED. ii) PWR-021/2011 Re: Department Truck Purchase of Private Sewage System Regulating

RECOMMENDATION(S): THAT this report be received; THAT Council authorize the purchase of a pick-up truck for the Private Sewage System Regulating Department; AND THAT Council approve borrowing by way of a promissory note from the Wainfleet Cemetery Perpetual Care Trust Fund for the purchase. Resolution No. C-314-2011 Moved by Ted Hessels Seconded by David Wyatt THAT Public Works Staff Report PWR-021/2011 Re: Purchase of Private Sewage System Regulating Department Truck and the recommendations contained therein be adopted as circulated. CARRIED AS AMENDED (see below). Resolution No. C-315-2011 Moved by Ted Hessels Seconded by David Wyatt AND THAT the Building Department vehicle only be utilized during Township operating hours and not for personal use. CARRIED. f) Fire Staff Reports None.

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14.

REVIEW OF CORRESPONDENCE Resolution No. C-316-2011 Moved by David Wyatt Seconded by Richard Dykstra THAT the report of the correspondence to Council dated November 8th, 2011 and the recommendations contained therein be adopted as circulated. CARRIED. CORRESPONDENCE REFERRED TO COUNCIL 2011 11 08

207.

From the Ontario Aggregate Resources Corporation enclosing the 2010 Annual Report. REC. receive for information. From Marshville Heritage Society Inc., Christmas in the Village Committee requesting that the fee for use of the Fire Hall kitchen be waived during their Christmas Festival, November 26 and 27, 2011. A copy of this piece of correspondence has been circulated to each member of Council and the Director of Operations. REC. support request and be so notified. From the City of St. Catharines enclosing a resolution and report supporting the Future of Economic Development in Niagara. A copy of this piece of correspondence has been circulated to each member of Council and the Chief Administrative Officer. REC. receive for information. From the Regional Clerk enclosing Report ICP 91-2011 requesting that municipalities endorse the Regions Support for Brock Universitys Planned Cairns Family Health and Bioscience Research Complex. A copy of this piece of correspondence has been circulated to each member of Council. REC. support request. From the Heart and Stroke Foundation, Person-to Person Campaign requesting that the rental fee for the Moore Room be waived during the Volunteer Appreciation Night, Wednesday March 14, 2012. A copy of this piece of correspondence has been circulated to each member of Council and the Director of Operations. REC. support request and be so notified. From the Niagara Regions Public Health and Social Services Committee enclosing Report PHD 46-2011 regarding information around policy-making for Smoke-free Outdoor Spaces. REC. receive for information. From the Niagara Region enclosing minutes of the Joint Board of Management Niagara Region Courts Meeting held on September 20, 2011. Copies of this piece of correspondence are available for members of Council upon request. REC. receive for information. From the Town of Fort Erie enclosing a resolution supporting the Revised Economic Development Model developed by Economic Development Officers and Chief Administrative Officers as supported by Niagaras Chambers of Commerce in

208.

209.

210.

211.

212.

213.

214.

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response to communication received from the City of Niagara Falls. REC. receive for information. 215. From the Cindy Forster, M.P.P. requesting Councils consideration to provide space for a satellite service office to assist constituents in the Wainfleet area. A copy of this piece of correspondence has been circulated to each member of Council. REC. support request and refer to the Township Library Board for consideration and comment.

Unregistered None. 15. BYLAWS First & Second Reading Resolution No. C-317-2011 Moved by David Wyatt Seconded by Ted Hessels THAT the following bylaws be now read a first and second time this 8th day of November, 2011: Bylaw No. 031-2011 being a bylaw to amend Bylaw No. 021-2010 being a bylaw to govern the proceedings of the Township of Wainfleet Council, the conduct of its Members and the calling of meetings. Bylaw No. 032-2011 being a bylaw to appoint a Chief Building Official, Building Inspector, Bylaw Enforcement Officer and Property Standards Officer for the Corporation of the Township of Wainfleet. Bylaw No. 033-2011 being a bylaw to authorize the transfer by Phyllis E. Hardy in favour of the corporation of the Township of Wainfleet of Part Lot 12, Concession 1, Wainfleet, Part of Lots 14, 15, 16, 17, 18, 19, 20 and 21, Plan 739, Lot 35 Plan 739, being Parts 8 and 9 on Plan 59R-4102 and Parts 10 and 11 on Plan 59R-9815; S/T RO606393 & AA40500, comprising Part of PIN 64019-0135 (LT). CARRIED. Third & Final Reading Resolution No. C-318-2011 Moved by Betty Konc Seconded by Richard Dykstra THAT Section 15.7 of the Procedural Bylaw be waived to allow the third reading and final passing of Bylaw No. 032-2011 and Bylaw No. 033-2011. CARRIED.

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Resolution No. C-319-2011 Moved by David Wyatt Seconded by Ted Hessels THAT the following bylaw be now read a third time and finally passed this 8th day of November, 2011: Bylaw No. 030-2011 being a bylaw to authorize the Fire Chief and/or designate to enter into a Memorandum of Understanding on behalf of the Corporation of the Township of Wainfleet with the Niagara Regional Police Services, the Office of the Fire Marshal and Fire Services in the Regional Municipality of Niagara. Bylaw No. 032-2011 being a bylaw to appoint a Chief Building Official, Building Inspector, Bylaw Enforcement Officer and Property Standards Officer for the Corporation of the Township of Wainfleet. Bylaw No. 033-2011 being a bylaw to authorize the transfer by Phyllis E. Hardy in favour of the corporation of the Township of Wainfleet of Part Lot 12, Concession 1, Wainfleet, Part of Lots 14, 15, 16, 17, 18, 19, 20 and 21, Plan 739, Lot 35 Plan 739, being Parts 8 and 9 on Plan 59R-4102 and Parts 10 and 11 on Plan 59R-9815; S/T RO606393 & AA40500, comprising Part of PIN 64019-0135 (LT). CARRIED. 16. NOTICE OF MOTION There were no notices of motion. PROCLAMATIONS None. OTHER BUSINESS Fuel Tanks Alderman Hessels requested that the Director of Operations, Mr. Wuisman, provide Council with an update on the above ground fuel take installation. Mr. Wuisman responded by informing Council that contaminated soils were found within the old tank nest. Three options were presented to Council outlining the pros and cons in order to rectify the situation. 1. Excavate the contaminated soil and take off site to dispose (also known as dig and ditch method). The cost involved would be approximately $30,000 to $40,000. 2. Chemical injection into the contaminated soil which will oxidize the hydrocarbons. Cost would be approximately $10,000. 3. Do nothing.

17.

16.

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Resolution No. C-320-2011 Moved by Ted Hessels Seconded by David Wyatt THAT the Director of Operations be directed to proceed with chemical injection to eliminate the contaminated soil. DEFEATED. Resolution No. C-321-2011 Moved by Mayor Jeffs Seconded by Betty Konc THAT the Director of Operations be directed to prepare a staff report depicting the three options available to rid the contaminated soil caused by the underground fuel tanks. CARRIED. Arena Alderman Konc requested that in order to comply with current legislation and remain accountable and transparent that items of importance be addressed by means of staff reports not under other business. Resolution No. C-322-2011 Moved by Betty Konc Seconded by Richard Dykstra THAT the Director of Operations be directed to prepare a staff report detailing the steps taken to mitigate the arena fire code deficiencies and provide a synopsis for the tendering process regarding Request for Proposals for architectural services for the arena addition; AND THAT a public meeting be held to gather comments on the conceptual design for the arena. CARRIED.

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18.

ADJOURNMENT Resolution No. C-323-2011 Moved by Ted Hessels Seconded by David Wyatt THAT Council for the Township of Wainfleet do now adjourn. CARRIED. Council adjourned at 10:25 p.m.

A. Jeffs, MAYOR

T. Lamb, CLERK

C21/11

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET SPECIAL 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, November 16, 2011 at 9:00 a.m. PRESENT: A. Jeffs, R. Dykstra, T. Hessels, B. Konc, F. Magazzeni, S. Luey, G. Wuisman

STAFF PRESENT: 1.

CALL TO ORDER The Council meeting was called to order by Mayor Jeffs. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest noted by members of Council. CLOSED MEETING Resolution No. C-324-2011 Moved by Ted Hessels Seconded by Richard Dykstra THAT Council now move in closed session to discuss an item under: a) Item under Section 239 (2) (f) of the Municipal Act, 2001 advice that is subject to solicitor client privilege, including communications necessary for that purpose regarding Skydive Burnabys site plan request as it relates to the interim control bylaw (1 item). Item under Section 239 (3.1) of the Municipal Act, 2001 a meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied: 1. 2. The meeting is held for the purpose of educating or training the members. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decisionmaking of the council, local board or committee. CARRIED.

4.

5.

b)

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Council reconvened at 11:45 a.m. Mayor Jeffs reported that Council met to discuss an item under Section 239 (2) (f) advice that is subject to solicitor client privilege, including communications necessary for that purpose regarding Skydive Burnabys site plan request as it relates to the interim control bylaw and the Director of Operations conducted a roads tour to educate Council on the condition of municipal roads. Mayor Jeffs noted that no resolutions emanated therefrom. 6. ADJOURNMENT Resolution No. C-325-2011 Moved by David Wyatt Seconded by Ted Hessels THAT Council for the Township of Wainfleet do now adjourn. CARRIED. Council adjourned at 11: 47 a.m.

A. Jeffs, MAYOR

C. S. Luey, ACTING CLERK

PLANNING STAFF REPORT TO: FROM: DATE OF MEETING: SUBJECT: Mayor Jeffs & Members of Council G. Munday, Manager of Planning November 22, 2011

PSR-016/2011

Revised Development Proposal for 11631 Burnaby Road Skydive Burnaby Inc.

RECOMMENDATION(S): THAT this report be received. EXECUTIVE SUMMARY: On November 8, 2011 Township Council requested that staff review a proposal to eliminate numerous illegal trailers and construct eighteen (18) buildings, each having the approximate size of 96 square feet, to provide overnight accommodations for employees of Skydive Burnaby. The proposal included a plan to eliminate the trailers over a five year period while replacing them with the new 96 square foot buildings On November 14, 2011 staff received this proposal and have conducted a preliminary review. With respect to the approval process for this proposal it would require the lifting of the Interim Control Bylaw (ICB) as it applies to Skydive Burnaby, the submission of a new Zoning Bylaw Amendment Application, the submission of Site Plan Control Application, modifications to the Property Standards Bylaw, the payment of application fees, agency review fees and potentially additional information and/or studies. On a preliminary basis staff would not support this proposal as it represents poor planning, would propose overnight accommodations that are well below the minimum size requirements contained within the Zoning By-law for comparable activities, would conflict with the Property Standards Bylaw and would weaken the Townships position in upholding the ICB at the upcoming OMB hearing. BACKGROUND: The subject land was rezoned A1-267 in 2003 at the request of the owners. The zoning on the property permits a range of uses related to the operation of a skydiving business including a twenty bed bunkhouse. The zoning does not permit the use of trailers or a campground for workers. The presence of trailers on the site for housing workers constitutes a violation of the current zoning provisions applicable to this property. In 2003 the Township and the owners entered into a site plan agreement which provided additional approval to build a twenty bed bunkhouse and provided a 1 year extension in which to remove the trailers that were on the property at that time. The trailers to date, have not been removed from the site and are the subject of a current zoning bylaw violation complaint. Staff have repeatedly requested that these trailers be removed from the site in order to achieve compliance with the zoning provisions that apply to the property. With reference to Appendix A (as attached), the proposal in 2003 contemplated constructing a 30 x 70 bunkhouse addition to the existing clubhouse building. However, the site plan shown in Appendix A is not included on the registered version of the site plan agreement. Nonetheless, the zoning provisions and the broad wording in the site plan

PSR-16/2011

2011 11 22 Page 2

agreement would allow the building to be constructed on alternative locations on the property provided they could meet the required setbacks and successfully connect to the existing septic system. It is staffs opinion that the current zoning provisions and site plan agreement are a very generous agreement and provides flexibility to the owners to provide quality employee accommodations. Certainly the Council at that time could have sought additional provisions. On November 8, 2011 Township Council requested that staff review a proposal to eliminate numerous illegal trailers and construct eighteen (18) buildings, each having the approximate size of 96 square feet, to provide overnight accommodations for employees of Skydive Burnaby. With reference to Appendix B (as attached) the proposal included a plan to eliminate the trailers over a five year period while replacing them with the new 96 square foot buildings On November 14, 2011 Staff received this proposal and have conducted a preliminary review. DISCUSSION: In reviewing this application, staff have examined the owners proposal in relation to the current zoning bylaw provisions applicable to this property. In terms of use, the proposal submitted by the owners can be interpreted as being similar to a campground or trailer park or a farm help house. This use and proposed configuration are not a permitted use under the current A1-267 zoning that applies to the property. To add to this the proposed 96 square foot buildings would not meet the minimum requirement in the Township Zoning Bylaw for a farm help house (967.75 square feet) or a cabin (398.26 square feet). In staffs opinion the proposed 96 square foot sheds would constitute substandard housing and would not be appropriate for the use of employee accommodations. With respect to the existing site plan agreement, staff are of the opinion that the agreement contemplated that the bunk house be contained in one building rather than a series of trailers or substandard buildings. The rationale for having one consolidated building relates to a desire on behalf of the Township and local residents to make staff accommodations more aesthetically pleasing and to control some of the off-site impacts (noise and visual) of housing a large number of workers on site. In Staffs opinion the existing illegal trailers or the proposed substandard sheds to house workers do not achieve to eliminate these impacts. Staff are also of the opinion that the proposed buildings to house workers would constitute a violation of the Townships Property Standards Bylaw (By-law No. 059-200). The proposed buildings are intended to be used as dwelling units for workers. Among other provisions, the by-law requires the following: 2.19.3 Where a dwelling unit contains rooms intended to be used in conjunction with a rooming or lodging house, the occupants may share a single bathroom provided that: (a) a total of not more than ten persons occupy the dwelling units, and (b) for each additional ten persons or part thereof, there shall be an additional toilet and bathtub or shower, and access to the bathroom can be gained without passing through (i) a habitable room of another dwelling unit, or (ii) an open area, which is not normally heated during the season in which heat is required.

(c)

PSR-16/2011

2011 11 22 Page 3

2.19.4 All bathrooms and toilet rooms shall be located within and accessible from within the dwelling. The proposed buildings to house workers would not comply with the minimum requirements contained within the above noted provisions. These minimums are widely accepted across Ontario as a standard for properly housing people. In order to attempt to legalize the use and configuration proposed by the owners proposal it would require the lifting of the ICB as it applies to Skydive Burnaby, the submission of a new Zoning Bylaw Amendment Application, the submission of Site Plan Control Application, modifications to the Property Standards Bylaw, the payment of application fees, agency review fees and potentially additional information and/or studies. Staff indicate that the application fees & review fees to initiate such requests would cost at minimum of approximately $12,315.00. Any decision of Council would also be subject to an appeal period where an interested party could appeal the decision to the Ontario Municipal Board (OMB). With respect to lifting the Interim Control Bylaw that applies to this property, it is Staffs opinion that lifting the ICB could potentially undermine the Townships legal position at OMB. In particular, that the Township is in the process of creating a new Zoning Bylaw and the ICB provides time for the Township to reconsider the zoning bylaw provisions. Lifting the ICB to allow substandard housing would not support this position. On a preliminary basis staff would not support this proposal as it represents poor planning, would propose overnight accommodations that are well below the minimum size requirements contained within the Zoning Bylaw for comparable activities and would conflict with the Property Standards Bylaw. Staff recommend that owners proceed forward under the current approved Zoning Bylaw and Site Plan Agreement. This means removing the illegal trailers and pursue obtaining a building permit for employee accommodations within a one building format in compliance with the Zoning Bylaw, the Property Standards Bylaw and the Ontario Building Code. FINANCIAL CONSIDERATIONS: None. OTHERS CONSULTED: Staff consulted with the Chief Building Official. ATTACHMENTS: 1. Appendix A Site Plan Agreement 2. Appendix B Skydive Burnabys Revised Proposal Respectfully submitted by, Approved by,

Grant Munday Manager of Planning

Scott Luey Chief Administrative Officer

APPENDIX A

APPENDIX B

ADMINISTRATION STAFF REPORT TO: FROM: DATE OF MEETING: SUBJECT: Mayor Jeffs & Members of Council R. Madere, Treasurer November 22, 2011 Budget Variance Report

ASR-023/2011

RECOMMENDATION(S): THAT this report be received for information. EXECUTIVE SUMMARY: Staff have analyzed the budget variance report as of November 14th, 2011 and provided a copy of same to members of Council. BACKGROUND: At this point in time it is expected that the Fire department will be over budget this year. High repair and maintenance costs for trucks and increase in wages and benefits are the reason for this. Protection to Persons and Property department will likely be over budget this year. The main reasons for this are lower than budgeted building permit revenue and increase in legal expenses. As previously mentioned Planning and Zoning department may run over budget due to lower than expected revenue. Currently, no other departments are expected to be over budget. Staff will continue to monitor expenses and continue to report budget variances at future meetings. OPTIONS/DISCUSSION: None. FINANCIAL CONSIDERATIONS: None. OTHERS CONSULTED: None. ATTACHMENTS: 1. Appendix A - Budget Variance report as of November 14th, 2011 Respectfully submitted by, Approved by,

Robyn Madere Treasurer

Scott Luey Chief Administrative Officer

APPENDIX A

ADMINISTRATION STAFF REPORT

ASR-024/2011

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs and Members of Council S. Luey, Chief Administrative Officer November 22, 2011 Wainfleet Youth Committee Appointments

RECOMMENDATION(S): THAT this report be received; THAT Council review and appoint by bylaw (Appendix A), five members to comprise the Wainfleet Youth Committee; AND THAT the Terms of Reference established by the said committee be adopted by bylaw at a later date. EXECUTIVE SUMMARY: As directed by the Mayor, staff advertised the positions and received five applications for Councils review. BACKGROUND: At its August 16th, 2011 meeting, Council passed a resolution instructing staff to prepare a report for the selection of members. These positions were advertised on the Township website and in the local newspaper. The original deadline of September 30, 2011 was extended to October 28, 2011 due to lack of response. OPTIONS/DISCUSSION: Six positions were advertised, five applications were received. confidentially circulated to Council for review. All have been

Staff are of the opinion that each applicant will bring a diverse perspective to the table and therefore request that all be appointed to the Committee. FINANCIAL CONSIDERATIONS: It is anticipated that this project will operate on a self sustaining basis through fundraising. Committee members will not be compensated for their time.

ASR-024/2011

2011 11 22 Page 2

OTHERS CONSULTED: None. ATTACHMENTS: 1. Appendix A - Draft Wainfleet Youth Committee Appointment Bylaw Wainfleet Youth Committee Applications *Confidential and circulated to Council only*

Respectfully submitted and approved by,

Scott Luey Chief Administrative Officer

APPENDIX A THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BY-LAW NO. XXX-20XX Being a by-law to appoint members to the Wainfleet Youth Committee. WHEREAS the Council of the Corporation of the Township of Wainfleet deems it necessary to appoint persons to sit as members of the Wainfleet Youth Committee; NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: 1. THAT the following persons are hereby appointed as members of the Wainfleet Youth Committee: 1. 2. 3. 4. 5. 2. Ryan Boros Meghan Dykstra Allyssa Davies Rachael Flagg Jessica Mann

THAT the term of office of the persons named in Section 1 of this bylaw shall expire on December 31, 2014 or until their successors are appointed; THAT this bylaw shall come into force and take effect on the final passing thereof.

3.

BYLAW READ A FIRST TIME THIS 22ND DAY OF NOVEMBER, 2011. BYLAW READ A SECOND TIME THIS 22ND DAY OF NOVEMBER, 2011. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF__________, 20XX.

A. Jeffs, MAYOR

T. Lamb, CLERK

DRAINAGE STAFF REPORT

DSR-007/2011

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council H. Kelly, Drainage Superintendent November 22, 2011 Tile Drain Loan Application Oosterhof/Stayzer

RECOMMENDATION(S): THAT this report be received for information; AND THAT Council approve Oosterhof/Kenneth Stayzer. EXECUTIVE SUMMARY: Mr. Glenn Oosterhof and Mr. Kenneth Stayzer, owners of 53644 Smith Road, property Roll # 2714 000 011 122000, Concession 6, Part of Lot 23, have submitted a tile drain loan application for this property (Attached as Appendix A). BACKGROUND: The Ministry of Agriculture Food and Rural Affairs offers Tile Drain Loans under the Authority of the Tile Drainage Act. The application must meet certain criteria in order to be eligible (Attached as Appendix B)The Municipality receives the loan application from the landowner, and decides if they want to approve the loan or not. If accepted the owner then has the work completed by a licensed tile drainage contractor. The tile drain inspector must inspect the work, before it is covered up and completed. Once completed, the municipality prepares a rating bylaw which includes the amount of the loan and the annual rate to be imposed. The bylaw is then sent to the Region of Niagara and from there it is sent to the Ministry of Agriculture for processing. OPTIONS/DISCUSSION: There are two options available to Council. One is to reject this application, and the other is to accept the application and approve the loan. Council typically approves loans under the Tile Drainage Act. This is a service that is provided by the Municipality to promote drainage in the Municipality. Staff has no concerns with this application and recommends that the application be approved. FINANCIAL CONSIDERATIONS: None. the application for loan submitted by Glenn

DSR-007/2011

2011 11 22 Page 2

OTHERS CONSULTED: None. ATTACHMENTS: 1. Appendix A Copy of Tile Drain Loan Application 2. Appendix B Copy of OMAFRA Factsheet, The Tile Loan Program

Respectfully prepared and submitted by:

Approved by:

Harold Kelly Drainage Superintendent

Scott Luey Chief Administrative Officer

APPENDIX A

APPENDIX B

PUBLIC WORKS STAFF REPORT

PWSR-022/2011

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council G. Wuisman, Director of Operations November 22, 2011 Recommendation for Award of Architectural Services for Arena

RECOMMENDATION(S): THAT this report be received; THAT Council approve the recommendation to award the contract for Architectural Services for the Arena to Venerio V.P. Panici Architect Inc. for the sum of $1,280.00 plus disbursements; AND THAT Council authorize the Director of Operations to enter into agreement with Venerio V.P. Panici Architect Inc. for Architectural Services. EXECUTIVE SUMMARY: Following considerable consultation and review, staff is recommending that Council approve the Ad-hoc Evaluation Committees recommendation that the architectural firm of Venerio V.P. Panici Architect Inc. be retained to produce conceptual designs and cost estimates for various arena addition reconstruction options as a solution to the current fire code deficiencies. BACKGROUND: In the summer of 2010 The Townships Fire Chief identified a number of potential fire code deficiencies in our arena complex. A subsequent detailed inspection was organized and carried out on August 5, 2010 by the Fire Chief and Fire Marshall. The observations of that inspection and subsequent orders, titled Fire Safety Inspection Report Wainfleet Arena dated August 18th, 2010 are attached as Appendix B. Following issue of the above referenced inspection report and on advice from the Fire Chief, staff retained the services of the architectural firm, Quartek Group Inc. (Quartek), to carry out a Fire Code Compliance review of the arena complex and determine cost estimates for bringing the arena into compliance. The Quartek review (attached as Appendix C) established two main options to bring the area into fire code compliance; Option #1, carry out major alterations, construct fire separations and install an alarm system, or Option #2, carry out minor alterations, install an alarm system and a fire suppression system (sprinkler system). The costs were estimated to be $453,100 and $502,550 respectively for Option numbers 1 and 2. Wainfleets Chief Building Official (CBO) was also consulted on this matter on a number of occasions by staff, Quartek, and the Fire Chief. The CBO confirmed that most of the additions at the arena complex abutting the main ice pad area were constructed without a Building Permit

PWSR-022/2011

2011 11 22 Page 2

and utilized combustible materials. He informed staff that due to the aforementioned, the entire building is in non-compliance. The CBOs March 9th, 2011 report is attached as Appendix A. Earlier this year, the Township commissioned a Recreation Master Plan Study, a component of that study included a review of arena usage, viability, and importance to the community. In consideration of this study, Council decided to temporarily halt any action or decisions regarding the arena until the conclusion of the Recreation Master Plan Study. The study concluded that the Wainfleet arena was the Hub of the Community and while it may not be self-sufficient in terms of revenue generation, it should remain. Council adopted the Recreation Master Plan as presented. Potential solutions to the arena Fire Code deficiencies matter has been discussed at length by the Operations Sub-committee. The committee evaluated the merits of demolishing the non-compliant additions abutting the ice pad area and constructing new additions in favour of spending approximately half a million dollars to bring the existing aged structures into compliance. The committee concluded that there was sufficient merit in investigating this option further and an architectural firm should be hired to produce conceptual designs and cost estimates. At the October 25th Council meeting, Council approved the tendering for architectural services. Staff prepared a custom Request for Proposal (RFP) that called for the preparation of at least three conceptual designs and associated construction cost estimates for varying layouts and construction costs. Staff tendered for the services in compliance with the Township procurement policy and have received four bids as follows: 1. 2. 3. 4. Quartek Group Inc. Macdonald Zuberec Ensslen Architects Inc. Archway and Associates Architect Venerio V.P. Panici Architect Inc. $18,790.00 $14,600.00 $37,732.50 $ 1,280.00

The above bids are exclusive of disbursement expenses. As per the RFP, an Evaluation Committee was formed to select the successful proposal. The Operations Sub-Committee took on the role of evaluation committee and made a recommendation on award of this tender. It is the Evaluation Committees recommendation to Council that the architectural firm of Venerio V.P. Panici Architect Inc. be awarded the contract for the supply of architectural services for the sum of $1,280.00 plus disbursements. OPTIONS / DISCUSSION: It is staffs opinion that the fees ($1,280.00) of the recommended proposal from Venerio V.P. Panici Architect Inc. is significantly below the estimated market value of approximately $20,000.00 and consequently represents a unique opportunity for the Township to advance investigating the option of demolition and reconstruction of the abutting additions without a substantial financial outlay.

PWSR-022/2011

2011 11 22 Page 3

FINANCIAL CONSIDERATION(S): The costs associated with accepting the recommended proposal are $1280.00 plus disbursements. OTHERS CONSULTED: Numerous parties have been consulted on the Fire Code deficiencies as stated above. These include: the Fire Chief, Fire Marshalls office, CBO, and Quartek Group Inc. ATTACHMENT(S): 1. Appendix A CBOs report 2. Appendix B Fire Safety Inspection Report 3. Appendix C Quartek Group Inc. Fire Code Compliance Report RFP submissions have been circulated to Council. A hard copy is available for viewing at the municipal office.

Respectfully submitted by,

Approved by,

Greg Wuisman Director of Operations

Scott Luey Chief Administrative Officer

APPENDIX A

APPENDIX B

APPENDIX C

PUBLIC WORKS STAFF REPORT

PWSR-023/2011

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council G. Wuisman, Director of Operations November 22, 2011 Recommendation of Recreation Master Plan Implementation Committee Members and Approval of Terms of Reference

RECOMMENDATION(S): THAT this report be received; THAT Council approve six (6) members to comprise the Recreation Master Plan Implementation Committee; THAT Council approve the Terms of Reference for the Recreation Master Plan Implementation Committee attached hereto as Appendix A; AND THAT Council pass a bylaw appointing the six (6) members and the Terms of Reference at a subsequent Council meeting. EXECUTIVE SUMMARY: It is staffs recommendation that the attached Terms of Reference for the Recreation Master Plan Implementation Committee be approved by Council. It is staffs recommendation that the following six (6) applicants be approved by Council and appointed to the Recreation Master Plan Implementation Committee: 1. 2. 3. 4. 5. 6. Tracy-Lynn Bell Terry Gilmore John MacLellan Andrew Mynlieff Craig Krueger Sheri Read

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

PWSR-023/2011

2011 11 22 Page 2

Alderman Wyatt volunteered to fill the role of member of Council and spearhead this committee, and was approved by Council on October 25th, 2011. Staff began the process of advertising for the remaining aforementioned community members in local newspapers and on the Township website. Staff also began the development of the Terms of Reference for said Committee. In total, six (6) applications were received from the community. OPTIONS / DISCUSSION: One of the above candidates is not a Wainfleet resident however, they do represent the Wainfleet chapter of a sports group and as such are within the scope of candidate qualification requirements for this committee. Those community members approved by Council will be notified by the Director of Operations. FINANCIAL CONSIDERATION(S): It is staffs recommendation that, as stipulated in the attached Terms of Reference, committee members not be compensated for their time. Applicable expenses resulting from this committee are anticipated to be: Advertising costs Travel, out-of-pocket expenses, and/or administrative fees incurred by the committee Additional staff time for the Recreation Leadhand to attend the meetings Additional staff time for an Administrative Assistant to attend the meetings for the purpose of recording minutes if so requested OTHERS CONSULTED: None. ATTACHMENT(S): 1. Appendix A Terms of Reference Respectfully submitted by, Approved by,

Greg Wuisman Director of Operations

Scott Luey Chief Administrative Officer

Appendix A Terms of Reference Township of Wainfleet Recreation Master Plan Implementation Committee 1. Name of Committee Recreation Master Plan Implementation Committee (RMPIC) 2. Purpose/Mandate/Scope a) RMPIC will act as an advisory body to Council and to the Director of Operations, which will provide advice and recommendations on the implementation of the Recreation Master Plan. b) RMPIC will also hold public information meetings on specific projects if required and approved by Council. c) All recommendations will be provided to the Council through the Director of Operations. RMPIC acts primarily in an advisory capacity and leaves the overall responsibility of operating the Department with Township Council. 3. Goals & Objectives The Township recently had a Recreation Master Plan study carried out. A number of recommendations were presented in the study. It will be the goal of this Committee to spearhead implementation of those recommendations. 4. Committee Membership Categories Voting Members 1 Township Councillor 2 Representatives from sports organizations 4 Representatives from the community at large Non-Voting members Recreation Leadhand 5. Membership Committee members will be appointed on the basis of experience, interest and availability to attend meetings. The Township will pursue individuals/local residents for membership through newspaper advertisements, and recruitment. 6. Selection of Members Council will be responsible for the appointment of all members of the Committee. 7. Term of Office All terms shall be four (4) years and will extend until March of the year following a new election.

8.

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

9.

Chair & Vice-Chair a) The Chair and Vice-Chair will be elected from among the members at the first meeting of each calendar year. The Chair should be able to devote some time between meetings to working informally with Township staff when circumstances warrant. b) No committee member may serve as Chair for more then two consecutive years.

10.

Agenda Preparation for the Meeting a) The RMPIC Chair and/or Vice-chair will be responsible for development of the RMPIC agenda in the week prior to the meeting. b) The RMPIC secretary will distribute the agenda and any accompanying material to all committee members the Friday prior to the meeting. c) The RMPIC agenda and meeting minutes will be posted on the Township web page.

11.

Delegations a) Delegations must register with the staff liaison and provide written documentation and electronic documentation (if possible) relating to the matter to be discussed. Information must be submitted for circulation with the agenda. b) Delegations will be allowed five (5) minutes for individuals and ten (10) minutes for groups.

12.

Closed Meetings of Committees Advisory Committees of Council, with the exception of Standing Committees, do not usually consider business of a Closed nature; however, if circumstances arise, there must be strict compliance with the Townships Procedural By-law and the Municipal Act.

13.

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

14.

Committee Procedures a) Quorum shall be a majority of the members, excluding Township Staff b) The decisions of the Committee will be made by consensus. c) The Municipal Council Bylaw governs committee procedures and the conduct of individual members of the committee. d) All recommendations will be provided to Council through the Director of Operations within 30 days of the committee meeting.

e) RMPIC will develop a work plan identifying projects and items (including timelines), they will be working on over their term and provide regular communications on this work plan to Council. f) Any member missing three (3) consecutive meetings without a valid reason shall be requested to resign from the committee and will be replaced at the earliest opportunity by Council.

g) The committee will appoint a spokesperson, normally the chair, to speak with the public and media on behalf of the committee. When the public and media approach members of the committee, they must be careful to distinguish whether they are speaking on behalf of the committee or presenting their personal views. 15. Expenses No member of the Advisory Committee shall receive payment for any work or services performed for the Committee or for the Centre, except that, with the approval of the Advisory Committee, reimbursement may be made for travel for other expenses incurred in the performance specifically requested by the Committee. 16. Conflict of Interest a) All members of committee shall adhere to the Conflict of Interest Policy for Advisory Committees approved by the Township of Wainfleet. b) Members are expected to undertake their responsibilities on an impartial and objective basis. Any member whose financial interest could be in conflict with the interests of the Township is obliged to disclose same at the meeting . Members will not participate in any decision or recommendation in which they or their immediate family has any financial interest except in common with residents in the municipality.

PUBLIC WORKS STAFF REPORT

PWSR-024/2011

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council G. Wuisman, Director of Operations November 22, 2011 Recommendation for Contaminated Soil Remediation for former Fuel Tank Area

RECOMMENDATION(S): THAT this report be received; THAT Council approve the chemical injection method (described as Option #2 below) as the means of remediating the contaminated soils encountered at the site of the former underground fuel tanks; AND THAT Council authorize the Director of Operations to enter into contract with the contractor, Gabriel Maintenance Ltd., and/or the contractors environmental consultant, Oakhill Environmental inc., to carry out soils remediation work. EXECUTIVE SUMMARY: While carrying out the underground fuel tank replacement project, our contractor encountered contaminated soils in the excavation of the former underground fuel tank nest. Staff is recommending that the contamination be remediated by Chemical Injection method at a cost of approximately $10,000. This method posses some risks in terms of not achieving full success. BACKGROUND: As approved by Council on August 16, 2011, staff engaged the services of a contractor, Gabriel Maintenance Ltd., to replace the underground fuel storage tanks. The contract was a lump sum for the removal of the existing underground storage tanks, supply, construction, and installation of aboveground storage tanks and supply and installation of a fuel monitoring system. The lump sum fee did not include removal of contaminated soils, backfilling or additional soils testing. Removal of the old underground tanks and installation of new aboveground tanks are now complete. Chemical testing of the soils encountered in the excavation of the old tank nest has revealed petroleum hydrocarbon contamination. The contamination is most likely the result of many years of minor spillage from tank refilling and dispensing activities. Contamination may also have been from historical tank leakage. Our contractor and his environmental consultant have estimated the quantity of contaminated soils to be at or in excess of 200 Tons.

PWSR-024/2011

2011 11 22 Page 2

The contractor and his consultant have advised us of two different options for remediation as follows: 1) That the contaminated soils be excavated and transported to a landfill facility that will accept such waste (method known in the industry as Dig & Dump) and the excavation be backfilled with clean suitable fill. The estimated fee for this option is in the range of $30,000 to $40,000, or 2) The contaminated soils undergo chemical injection (known technically as In-Situ Chemical Oxidation). This method involves the mixing of a chemical additive (an oxidant) to the contaminated soils to cause oxidation that results in the direct destruction (decomposition) of petroleum hydrocarbons. The estimated cost for this method is approximately $10,000. Cost estimates for both of the above methods include chemical testing work. A third option is for the Township to leave the petroleum hydrocarbon contaminated soils in place and backfill the remainder of the excavation with suitable fill. The cost of this option would be negligible relative to the other options. OPTIONS / DISCUSSION: The first option, removal of the contaminated soils, achieves full success in mitigating the problem as all contaminated soils are excavated and moved off site. Removal of contaminated soils continues until no further evidence of contamination is observed. This option is also the most costly. The second option, chemical injection, although considerably less expensive, does not guarantee full success. Due to its reliance on chemical reactions occurring within the soils, this method runs the risk of not achieving complete decomposition of the contaminant and only partially reaching the intended goal. Despite the aforementioned risk, the environmental consultant involved on this project is hopeful of good results with this method but offers no guarantee. The third and final option, to do nothing, would involve leaving the contaminated soils in place. Current regulations do not dictate that the contaminated soils must be removed if: 1) the usage of the impacted area is not changing (i.e. the area will continue to be used for fuel dispensing), and 2) there is no risk of the contaminant migrating off site and contaminating neighbouring properties or water sources. Condition 1 is true in this case and, although further confirmation may be required, Condition 2 is most likely also true at this site. Under this third option, the petroleum hydrocarbon contaminants would remain in the soils for decades and most likely require clean up by future users/owners. Upon consideration of all of the options, it is staffs recommendation that Option #2, chemical injection, would best serve the Townships needs. FINANCIAL CONSIDERATION(S): Option #1, removal of the contaminated soils, is estimated to cost approximately $30,000 to $40,000. Option #2, chemical Injection, is estimated to cost approximately $10,000. and the third option, to do nothing, would most likely cost less than $1,000.

PWSR-024/2011

2011 11 22 Page 3

All options are estimates and the exact costs will not be known until the work is undertaken. OTHERS CONSULTED: The contractors environmental consultant was consulted on this matter. ATTACHMENT(S): None.

Respectfully submitted by,

Approved by,

Greg Wuisman Director of Operations

Scott Luey Chief Administrative Officer

CORRESPONDENCE REFERRED TO COUNCIL 216.

2011 11 22

From the Town of Pelham enclosing a resolution passed by its Council regarding Federal regulations which prohibit structures higher than 45 metres within a radius of 4,000 metres of a certified aerodrome. A copy of this piece of correspondence has been circulated to each member of Council. REC. receive for information. From the Town of Niagara-On-The-Lake requesting support of a resolution passed by its Council calling for dialogue between various levels of governments in the United States and Canada as well as First Nations and Native American governments on impacts of hydraulic fracturing in the Great Lakes Basin and treating fracking wastewater within private or municipal wastewater treatment systems in the Great Lakes Basin and that a province-wide and national moratorium on hydraulic fracturing and the treatment of the by-products of hydraulic fracturing within the great Lakes Basin be supported until a robust public discussion has occurred with full consideration of the human and environmental impacts. A copy of this piece of correspondence has been circulated to each member of Council. REC. support resolution. From the Township of Mulmur requesting support of a resolution passed by its Council regarding the adoption of a standardized compliance checklist of requirements for the approval process of alternative energy projects. A copy of this piece of correspondence has been circulated to each member of Council and the Manager of Planning. REC. support resolution. From the Welland & District Humane Society enclosing its statistical report for the month of October 2011. REC. receive for information. From Malcolm Allen, M.P. requesting a donation of $100.00 in support of Prostate Cancer Canada and the Movember Foundation during the Movember Campaign A copy of this piece of correspondence has been circulated to each member of Council and the Treasurer. REC. donate $100.00. From the Town of Pelham enclosing a Notice of Public Meeting relating to the proposed Official Plan and East Fonthill Secondary Plan for the Town of Pelham. A copy of this piece of correspondence has been circulated to the Manager of Planning. REC. receive for information, Planner to comment if required.

217.

218.

219.

220.

221.

Unregistered None.

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 034-2011

Being a bylaw to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2012. WHEREAS Section 407 of the Municipal Act, S.O. 2001 c.25, provides authority for a Council by Bylaw to authorize the Municipality to borrow from time to time, by way of promissory note or bankers acceptance, such sums as the Council considers necessary to meet, until taxes are collected and other revenues are received, the current expenditure of the Corporation for the year. AND WHEREAS the total amount which may be borrowed from all sources at any one time to meet the current expenditures of the Corporation, shall not exceed, except with the approval of the Ontario Municipal Board, the limitations set out in Section 407(2) of the Municipal Act. BE IT ENACTED as a Bylaw of this Corporation as follows: 1. Borrowing Authority The Head of Council and the Treasurer are hereby authorized on behalf of the Municipality to borrow from time to time by way of promissory note or bankers acceptance during the year 2012 (hereinafter referred to as the current year) such sums as may be necessary to meet, until the taxes are collected and until other revenues are received, the current expenditures of the Corporation for the purposes set out in Section 407(1). Instruments A promissory note or bankers acceptance made under Section 1 shall be signed by the Head of Council and the Treasurer. Lenders The Lenders from whom amounts may be borrowed under authority of this Bylaw shall be the MERIDIAN CREDIT UNION LIMITED. And such other lender(s) of the Municipality as may be determined from time to time by bylaw of Council. Limit on Borrowing The total amount which may be borrowed at any one time under this Bylaw, together with the total of any similar borrowings that have not been repaid, shall not exceed, from January 1st until September 30th of the current year, 50 percent of the estimated revenues of the Corporation as set forth in the estimates adopted for that year. Such borrowing shall not exceed, from October 1st to December 31st of the current year, 25 percent of the said estimated revenues of the Corporation as set forth in the estimates adopted for that year. For purposes of this Bylaw, the estimated revenues of the Corporation shall not include revenues derivable or derived from: a) Borrowing through any issue of debentures, b) A surplus, including arrears of taxes, fees or charges, c) A transfer from the capital fund, reserve funds or reserves.

2.

3.

4.

BYLAW NO. 034-2011 5.

Page 2

Borrowing Documents Required The Treasurer shall, at the time when any amount is borrowed under this Bylaw, ensure that the lender is or has been furnished with a) A certified copy of this Bylaw, b) A certified copy of the estimates of the Corporation adopted for the current year. When Estimates Not Adopted If the estimates for the current year have not been adopted at the time an amount is borrowed under this Bylaw. a) The limitation on total borrowing, as set out in Section 4, shall be calculated for the time being upon the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year, and b) The certified copy furnished under Section 5 shall show the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year. Charge on Revenue All or any sums borrowed under this Bylaw shall, with interest thereon, be a charge upon the whole of the revenues of the Corporation for the current year and for any preceding years as and when such revenues are received but such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any lender. Directive to Treasurer The Treasurer is hereby authorized and directed to apply in payment of all or any sums borrowed under this Bylaw, together with interest thereon, all or any of the money hereafter collected or received, either on account of or realized in respect of, the taxes levied for the current year and preceding years or from any other source, which may lawfully be applied for such purpose. Additional Documents That the Head of Council and the Treasurer are authorized to execute such additional documents as may be required by the lending authority to evidence the indebtedness. Effective Date This Bylaw shall come into force as of the 1st day of January, 2012.

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BYLAW READ A FIRST TIME THIS 22nd DAY OF NOVEMBER, 2011. BYLAW READ A SECOND TIME THIS 22nd DAY OF NOVEMBER, 2011. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF_______________, 20XX.

A. Jeffs, MAYOR

T. Lamb, CLERK

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BY-LAW NO. 035-2011 Being a by-law to appoint members to the Wainfleet Youth Committee. WHEREAS the Council of the Corporation of the Township of Wainfleet deems it necessary to appoint persons to sit as members of the Wainfleet Youth Committee; NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: 1. THAT the following persons are hereby appointed as members of the Wainfleet Youth Committee: 1. 2. 3. 4. 5. 2. Ryan Boros Meghan Dykstra Allyssa Davies Rachael Flagg Jessica Mann

THAT the term of office of the persons named in Section 1 of this bylaw shall expire on December 31, 2014 or until their successors are appointed; THAT this bylaw shall come into force and take effect on the final passing thereof.

3.

BYLAW READ A FIRST TIME THIS 22ND DAY OF NOVEMBER, 2011. BYLAW READ A SECOND TIME THIS 22ND DAY OF NOVEMBER, 2011. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF__________, 20XX.

A. Jeffs, MAYOR

T. Lamb, CLERK

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 031-2011 Being a bylaw to amend Bylaw No. 021-2010 being a bylaw to govern the proceedings of the Township of Wainfleet Council, the conduct of its Members and the calling of meetings.

WHEREAS Subsection 238 (2) of the Municipal Act, S.O. 2001, c. 25, as amended, provides that every municipality and local board shall adopt a procedure bylaw for governing the calling, place and proceedings of meetings; AND WHEREAS the Council for the Township of Wainfleet deems it necessary to amend Bylaw No. 021-2010 being the Township of Wainfleet Procedure Bylaw; NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS:

1.

THAT subsection 5.12 be deleted and replaced by the following: Role of Deputy Mayor (a) Council by way of resolution shall appoint a Deputy Mayor who shall be a Member of Council to act in the place of the Mayor when the Mayor is absent or refuses to act or the office is vacant and while so acting, such Deputy Mayor shall have all the powers and duties of the Mayor. The Deputy Mayor shall serve as Presiding Officer over Meetings of Council and any other Committee established by Council and comprised of all Members of Council. The Deputy Mayor shall serve a Presiding Officer over any Committee Meetings in the absence of the Chair of such Committee. The position of Deputy Mayor shall rotate on a yearly basis starting in alphabetical order of the Aldermans last name. Subject to the provisions of the Act, in case that the Mayor and Deputy Mayor do not attend within ten (10) minutes after the time appointed for a meeting of Council, the Clerk shall call the Members to order and an Acting Mayor shall be appointed from among the Members present and shall preside until the arrival of the Mayor or Deputy Mayor and while so presiding the Acting Mayor shall have all the powers of the Mayor.

(b)

(c)

(d)

(e)

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AND THAT subsection 12.1 (xviii) be amended to read Bylaw to Confirm the Proceeding of Council and that the subsequent subsection be renumbered accordingly

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AND THAT subsection 15.7 be amended to read as follows : The third reading of any bylaw shall be considered at a meeting subsequent to the first and second reading of the same bylaw save and except the confirming bylaw. AND THAT this bylaw shall come into force and take effect upon the day of its passage.

4.

BYLAW READ A FIRST TIME THIS 8th DAY OF NOVEMBER, 2011. BYLAW READ A SECOND TIME THIS 8th DAY OF NOVEMBER, 2011.
BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 22nd DAY OF NOVEMBER, 2011.

A. Jeffs, MAYOR

T. Lamb, CLERK