C09/14

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET REGULAR MEETING OF COUNCIL AGENDA TUESDAY, APRIL 22ND, 2014 at 7:00 P.M. COUNCIL CHAMBERS

1. 2. 3.

Call to Order National Anthem Opening Prayer a) Alderman David Wyatt

4. 5. 6. 7.

Disclosure of Pecuniary Interest and the General Nature Thereof Presentations Public Hearings Delegations a) Gillian Chappell & Maria Brigantino, Niagara Region Public Health Re: Regional Bylaw 112-2013 To Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke Ben Lunshof on behalf of Riverside Christian Reformed Church of Wellandport Re: Request for exemption from Site Control bylaw Darren Parbury, Metis Transportation Ltd. Re: Wainfleet 2013-2014 Survey Results Douglas Willford, Wainfleet Cenotaph Committee Re: Update on Wainfleet Cenotaph Project Jackie Davies, Wainfleet Volunteer Firefighters Ladies Auxiliary (Wainfleet Fireflies) Re: Request for Purchase of Kitchen Items for Wainfleet Firefighters Community Hall

b) c) d) e)

8. 9.

Business Arising from Delegations Mayors Announcements & Remarks

Township of Wainfleet Council Meeting Agenda, April 22nd, 2014

Page 2

10.

Adoption of the Minutes a) Minutes of the Regular Meeting of Council held on April 8th, 2014

11.

Staff Reports and Recommendations a) Planning Staff Reports i) PSR-011/2014 Re: Encroachments on Municipal Property ii) PSR-012-2014 Re: Provincial Policy Statement 2014 Administration Staff Reports i) ASR-008/2014 Re: Wainfleet Strategic Plan Drainage Staff Reports i) DSR-003/2014 Re: Equipment Rental Rates for 2014/2015 Building Staff Reports i) BSR-006/2014 Re: Building Permit Report March 2014 Public Works Staff Reports None submitted Fire Staff Reports i) FSR-002/2014 Re: Request for Approval to Form a Fire Master Plan Implementation Committee Bylaw Enforcement Staff Reports None submitted

b)

c)

d)

e)

f)

g)

12. 13.

Review of Correspondence Bylaws First & Second Reading a) Bylaw No. 017-2014 being a bylaw to amend Bylaw No. 027-2012 being a bylaw under the Building Code Act respecting building, demolition, change of use and occupancy permits, transfer of permits and inspections

Third & Final Reading None 14. 15. Notices of Motion Proclamations a) 16. 17. World Lupus Day May 10th, 2014

Other Business Closed Meeting

Township of Wainfleet Council Meeting Agenda, April 22nd, 2014

Page 3

18.

Bylaw to Confirm the Proceeding of Council a) Bylaw No. 018-2014 being a bylaw to adopt, ratify and confirm the actions of the Council at its regular meeting held on the 22nd day of April, 2014

19.

Adjournment of Meeting

Smoke-free Outdoor Spaces

Regional By-law 112-2013
Maria Brigantino, Manager Chronic Disease and Injury Prevention Niagara Region Public Health

Gillian Chappell, Health Promoter Chronic Disease and Injury Prevention Niagara Region Public Health

By-law 112-2013
Regional By-law 112-2013, A Regional Bylaw to Protect Children and Vulnerable Persons from Exposure to Outdoor SecondHand Smoke
Purpose- protect children, residents and visitors from second-hand smoke, provide positive role modeling for children and support quit attempts Municipal consultation and collaboration was integral to shaping the by-law

Overview of Regional By-law 112-2013

Based on feedback from municipal councils the by-law is as follows: Municipal and regional properties are smoke-free The by-law excludes roads, sidewalks, right-of-ways, parking lots, beaches, trails and residential dwellings owned, operated or subsidized by Niagara Regional Housing 9 metre provision from any entrance or exit from a municipal or regional building

Municipal Engagement
On-going communication and feedback
Municipal staff participated in a creative brainstorm session to inform communications strategy Engagement with municipal by-law officers Working group has been established to provide a platform to discuss, identify and address issues related to communications, implementation and enforcement

Communications Campaign
Campaign launch- May 22, 2014
Communications campaign to be tailored for each area municipality Highlight local champions and youth Team of students and volunteers will have a strong presence in the community to promote and educate

Why I Smoke-Free Outdoor Spaces

Positive, clear and friendly messaging Encourages community members to get engaged/start a conversation Community leaders can be the face of the campaign

Friendly way to socially enforce/influence change

Campaign has worked well in other communities

Implementation and Enforcement

The Tobacco Control Program will be primarily responsible for enforcing the Regional by-law
Municipal by-law officers have the authority to enforce Enforcement will be based on an educate, warn and enforce model

First year of implementation will focus on education

Set fine is $250 with applicable court fees, total payable fine is $305

Education and Enforcement

Next Steps
Continued consultation and engagement with municipalities
Launch of public awareness campaign May 22, 2014 Outreach team will be out in the community promoting the bylaw First year will focus on education, warnings may be issued Monitor and evaluate areas of non-compliance

Contact Information
General Inquiries Tobacco Hotline 905-688-8248, ext. 7393 1-888-505-6074, ext. 7393 Tobacco Control Program Gillian Chappell Health Promoter Chronic Disease and Injury Prevention Public Health Niagara Region Phone: 905-688-8248 ext. 7370 Gillian.chappell@niagararegion.ca

Maria Brigantino Manager Chronic Disease and Injury Prevention Public Health Niagara Region Phone: 905-688-8248 ext. 7233 Maria.brigantino@niagararegion.ca

Thank you

SCHEDULE A TO BYLAW NO. 021-2010 TOWNSHIP OF WAINFLEET REQUEST TO APPEAR AS A DEPUTATION

Name: Ben Lunshof Address: 25 Oswego Park City & Province: (PLEASE PRINT CLEARLY) Phone #: 905-701-4946 Fax #: 1-877-945-1310

Email: ben@rainbowmarketing.ca Postal Code:

Dunnville, Ontario

N1A 2W2

(v") I have never spoken on this issue before and the key points of my deputation are as follows:
RE: Riverside Christian Reformed Church of Wellandport

Given the historical nature of the property - we wish to request an exemption from the site control by-law for our planned renovation:

Why? :-Church building had existed for 60+ years and we are not significantly changing the footprint
-Everything else in place to start renovation early spring 2014

If an individual appears as a deputation before Council, a further deputation from the same individual concerning the same topic(s) will not be permitted unless there is significant new information to be brought forward. Specific new information must be identified on this form, which will require approval. (v") I have spoken on this issue before, and the specific new information I wish Council to review is as follows: (attach a separate page(s) if necessary)

April 22, 2014 I wish to appear before Council on ______________________________ (Meeting time is 7:00 p.m. unless noted otherwise) DATE

Note: Your request must be made no later than 2:00 p.m. on the Friday immediately preceding the Council or Committee Meeting. The deadline is 10:00 a.m. on the Monday prior to the Council or Committee Meeting if you are speaking to a direct report to Council or Committee, prepared by staff, listed on the Agenda. I have read and understand the Deputation Protocol on the back of this form and that the information contained on this form, including any attachments, will become public documents and listed on Township of Wainfleet Meeting Agendas and Minutes. I also understand that presentation materials must be submitted with this deputation form. Electronic presentations must be emailed to sluey@wainfleet.ca no later than 2:00 p.m. on the Friday immediately preceding the meeting. Signature Date March 31, 2014

Presentation Requirements: NO______ YES (description):

SCHEDULE B TO BYLAW NO. 021-2010 TOWNSHIP OF WAINFLEET DEPUTATION PROTOCOL The purpose of the deputation process is to allow interested parties to make their views known to Council. Council values and welcomes input, comments, and constructive suggestions. Since Council generally has to consider a large number of issues and concerns at any given time, the following protocol is observed: 1) 2) 3) Upon your arrival at the meeting, please identify yourself to the Clerk. When called upon by the Presiding Officer the deputation (speaker) should proceed immediately to the podium at the front of the Council Chambers. Speakers are asked to keep their remarks as brief as reasonably possible. Comments when stated in a clear, concise and factual manner are very much appreciated. The maximum allowable time is 10 minutes. In order to reduce the possibility of any misunderstanding, and to facilitate necessary follow-up, the Clerk requires a written copy of the presentation and speaking notes. Discussion topics, other than the subject matter of the written request to appear as a deputation, will not be permitted. Subsequent deputations on the same topic, without significant new information, will not be permitted. It is considered proper protocol and simply good manners not to ridicule or berate other individuals. Remarks or questions concerning the character or performance of named individuals or groups shall be immediately ruled out of order. A subsequent offence during the same presentation will result in the speaker forfeiting your right to speak. The Presiding Officer reserves the right to immediately end the deputation if the remarks are considered severe. Any future offences at a subsequent meeting will result in the speaker forfeiting his/her right to speak for a period of time to be determined by Council, dependent upon the seriousness of the offence. Refusal of the speaker to respect the ruling of the Presiding Officer will result in the meeting being immediately adjourned until the speaker can be removed from the Council Chambers. Upon completion of your remarks, you should remain in position to allow for any questions from Members. Members may ask questions for clarification purposes only. Statements from Members or debates on the issue are generally not permitted at this stage. After completion of any questions, the speaker will be asked to be seated. Members shall then enter into discussion under the Business Arising from Delegations heading of the Council Agenda at which time Members may refer the matter to staff for a report and/or recommendation. Deputations will not be permitted on items that will be the subject of an upcoming public meeting pursuant to the Planning Act, unless exceptional circumstances apply, which have been reviewed and approved by Council. Persons should present their concerns and opinions at the scheduled public meeting where their comments can be considered along with all other submissions.

4)

5)

6)

7)

WAINFLEET MARKET SURVEY

1)

Please tell us about your household: (please circle the appropriate answer)
a) Please indicate your age group: Response Under 14 15-24 25-44 45-54 55-64 65+ Total Count 0 3 1 3 2 0 9 Percent 0.0% 33.3% 11.1% 33.3% 22.2% 0.0% 100%

b) How many li e in your household who are under 1! " Response 0 1 2 3 4 5 5+ Total Count 2 2 3 1 1 0 0 9 Percent 22.2% 22.2% 33.3% 11.1% 11.1% 0.0% 0.0% 99#9%

c) $s there anyone o er %% li ing in your household (not including spouse) " Response es NO Total Count 2 7 9 Percent 22.2% 77.7% 99#9%
Page 1

&)

'o (ou )wn * Car"

Response YES !o Count 8 1 Percent 88.8% 11.1%

+)

,ould you li-e to see a transit system .or the entire Township o. ,ain.leet"
Response YES !o Undecided Count 9 0 0 Percent 100% 0% 0%

/)

,here 0locations) would you li-e to see transit ser ice pro ided"
Response Count 4 2 2 2 1 1 1 1 Percent 28.5% 14.0% 14.0% 14.0% ).1% ).1% ).1% ).1%

Local Businesses
"porting #$ents%&esti$als 'rena "occer &ields (hurches *elland +ort (ol,orne (ha-,ers (orners

%)

How o.ten would you1 or anyone in your household1 use public transit per wee-:
Response .nce /wice 30 40 5 !"#LY *ee1l2 Count 0 1 0 1 2 2 1 Percent 0.0% 14.3% 0.0% 14.3% 28.5% 28.5% 14.3%
Page 2

2) *dditional Comments :

3*ould lo$e to ha$e this ser$ice. 4t would ,e so con$enient.5 34 would lo$e to see transit co-e to *ain6leet .5 3Used to transit li$ing in "t (atharines. 7ail2 inter-(it2 connection would ,e appreciated.5 34t would ,e great 6or people who pla2 or atte-pt sporting e$ents or people who cannot dri$e.5 3/his would greatl2 ,ene6it a lot o6 people without transportation.5 38e $er2 good 6or teens9 who pla2 sports and can:t dri$e9 seniors and others. *ould ,e $er2 nice to ha$e;5

_____________________________________________________________________________ ,*$34566T "ur$e2 <esults $eri6ied ,2

APEX MILLENNIUM 17A Rose Park Crescent Toronto !ntar"o M#T 1P$

Page 3

C08/14

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, April 8th, 2014 at 7:00 p.m. PRESENT: A. Jeffs, R. Dykstra, T. Hessels, B. Konc, D. Wyatt

STAFF PRESENT: S. Luey, S. Duncan, J. Boerema, T. Imhoff, B. Jackson, R. Madere 1. CALL TO ORDER Mayor Jeffs noted that there was quorum present and she called the meeting to order at 7:00 p.m. NATIONAL ANTHEM OPENING PRAYER Alderman Hessels delivered the opening prayer. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Alderman Dykstra declared a pecuniary interest in Drainage Staff Report DSR001/2014 Re: Browns Tap Drain and in the delegation from John Spriet, Spriet Associates, regarding same. PRESENTATIONS There were no presentations scheduled. PUBLIC HEARINGS a) Application for Rezoning File No. Z-01-2014 21231 Rattler Road and 10165 Cedar Crest Road Housekeeping Amendment The public hearing was chaired by Mayor Jeffs. Mayor Jeffs explained that 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

2. 3.

4.

5.

6.

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

Page 2

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. 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 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. Those in attendance were informed that the Planning Act includes provisions that allow the Ontario Municipal Board to dismiss an appeal of a decision on the file if the appellant has not provided Council with oral submissions at this meeting or written submission before a bylaw is passed. Mr. Luey explained that if anyone interested in the file has input, they should provide it at this meeting or before Council makes a decision in this matter. 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 Written agency and public comments received at the time of the public meeting:
Agency Region of Niagara Development Services Niagara Peninsula Conservation Authority Township of Wainfleet Drainage Department Comment

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

Page 3

Township of Wainfleet Building Department Township of Wainfleet Sewage Department Township of Wainfleet Operations Department Township of Wainfleet Fire Department

No comment.

There were no comments or questions from Council or from anyone in the gallery. 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 any further comments be received prior to the preparation of a staff report, they will be included in said report. Should Council pass the 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. b) Application for Rezoning File No. Z-02-2014 (Triple G Farms, Inc. Applicant [Christopher E. Wilson, Agent]) The public hearing was chaired by Mayor Jeffs. Mayor Jeffs explained that 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. A portion of the property (Part 2) is proposed to be rezoned from A2Agricultural 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. Those in attendance were informed that the Planning Act includes provisions that allow the Ontario Municipal Board to dismiss an appeal of a decision on the file if the appellant has not provided Council with oral submissions at this meeting or written submission before a bylaw is passed. Mr. Luey explained that if anyone interested in the file has input, they should provide it at this meeting or before Council makes a decision in this matter.

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

Page 4

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) There were no written agency or public comments received at the time of the public hearing. Should any comments be received prior to the preparation of a staff report, they will be included in said report. There were no comments or questions from Council or from anyone in the gallery. 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. 7. DELEGATIONS a) b) Jamie Cook, Watson & Associates Economists Ltd. Re: Development Charges (per request of Council - February 18th, 2014) John Spriet, Spriet Associates Re: DSR-001/2014 Browns Tap Drain (per request of Council - March 25th, 2014) Alderman Dysktra left the dais at 7:58 p.m. and returned at 8:16 p.m. following the delegation from John Spriet. c) d) Suresh Dominic, Gethsemane Ministries Re: Benefits and Development of Local Community Jon Charles and Kylie Boyd, exp Services Inc. Re: Challenges and Financial Outcomes of Mandatory Onsite Sewage System Inspection Program

8.

BUSINESS ARISING FROM DELEGATIONS Resolution No. C-089-2014 Moved by Ted Hessels Seconded by David Wyatt THAT Council receive the delegations from Jamie Cook, John Spriet, Suresh Dominic, John Charles and Kylie Boyd.

9.

CARRIED. MAYORS ANNOUNCEMENTS & REMARKS The Mayors comments are enclosed in the April 8th, 2014, Council meeting folder.

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

Page 5

10.

ADOPTION OF THE MINUTES a) Minutes of the Regular Meeting of Council held on March 25th, 2014 Resolution No. C-090-2014 Moved by Richard Dykstra Seconded by David Wyatt THAT the minutes of the Regular Council meeting held on March 25th, 2014 be adopted as circulated. CARRIED.

11.

STAFF REPORTS AND RECOMMENDATIONS a) Planning Staff Reports No report(s) submitted. Administration Staff Reports No report(s) submitted. Drainage Staff Reports Alderman Dykstra left the dais at 8:50 p.m. i) DSR-001/2014 Re: Browns Tap Drain (deferred from March 25th, 2014) 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 - Browns 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 Browns Tap Drain. Resolution No. C-091-2014 Moved by David Wyatt Seconded by Ted Hessels THAT Drainage Staff Report DSR-001/2014 Re: Browns Tap Drain and the recommendations contained therein be adopted as circulated. CARRIED AS AMENDED (see below).

b)

c)

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

Page 6

Resolution No. C-092-2014 Moved by Ted Hessels Seconded by Betty Konc THAT the third recommendation of the report be amended to replace the word divorcing with the word separating. CARRIED. Alderman Dykstra returned to the dais at 8:55 p.m. ii) DSR-002/2014 Re: 2014 Drain Maintenance Program RECOMMENDATION(S): THAT this report be received for information. Resolution No. C-093-2014 Moved by David Wyatt Seconded by Richard Dykstra THAT Drainage Staff Report DSR-002/2014 Re: 2014 Drain Maintenance Program and the recommendation contained therein be adopted as circulated. CARRIED. d) Building Staff Reports i) BSR-005/2014 Re: Financial Information for Mandatory Septic ReInspection Program RECOMMENDATION(S): THAT this report be received for information. Resolution No. C-094-2014 Moved by Betty Konc Seconded by David Wyatt THAT Building Staff Report BSR-005/2014 Re: Financial Information for Mandatory Septic Re-Inspection Program and the recommendation contained therein be adopted as circulated. CARRIED AS AMENDED (see below). Resolution No. C-095-2014 Moved by David Wyatt Seconded by Betty Konc

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

Page 7

THAT Building Staff Report BSR-005/2014 Re: Financial Information for Mandatory Septic Re-Inspection Program be deferred pending further information from exp Services Inc. as discussed during their delegation. CARRIED. e) Public Works Staff Reports No report(s) submitted. Fire Staff Reports No report(s) submitted. Bylaw Enforcement Staff Reports No report(s) submitted.

f)

g)

12.

REVIEW OF CORRESPONDENCE Resolution No. C-096-2014 Moved by Richard Dykstra Seconded by Betty Konc THAT the report of the correspondence to Council dated April 8th, 2014 and the recommendations contained therein be adopted as circulated. CARRIED AS AMENDED (see below). Resolution No. C-097-2014 Moved by Betty Konc Seconded by David Wyatt THAT the recommendation for correspondence item no. 097 be amended to read direct staff to inquire as to whether the Township must have a representative given its formal opposition to the bylaw. CARRIED. 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 10th, 2014. A copy of this correspondence has been circulated to Council and Planning. REC. receive for information. 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.

088.

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

Page 8

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. 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. From the Office of the Regional Clerk, Niagara Region, regarding a resolution 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. From the Office of the Regional Clerk, Niagara Region, regarding a resolution 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. 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. 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. 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 16th, 2014. A copy of this correspondence has been circulated to Council and Planning. REC. receive for information. 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

090.

091.

092.

093.

094.

095.

096.

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

Page 9

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 direct staff to inquire as to whether the Township must have a representative given its formal opposition to the bylaw. 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. 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. 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. 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 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. 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 1st, 2014. A copy of this correspondence has been circulated to Council and Planning. REC. receive for information. From the Town of Minto to the Honourable Kathleen Wynne, Premier of Ontario, regarding a resolution passed by its Council on April 1st, 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.

098.

099.

100.

101.

102.

103.

Unregistered None.

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

Page 10

13.

BYLAWS First & Second Reading There were no bylaws to be read a first and second time. Third & Final Reading Resolution No. C-098-2014 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 April, 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.

14.

NOTICE OF MOTION There were no notices of motion. PROCLAMATIONS a) Seniors Month June, 2014 Resolution No. C-099-2014 Moved by David Wyatt Seconded by Ted Hessels 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;

15.

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

Page 11

WHEREAS the knowledge and experience seniors pass on to us continues to benefit all; NOW THEREFORE BE IT RESOLVED that Council for the Township of Wainfleet do hereby proclaim June 1st to 30th, 2014 to be Seniors Month in the Township of Wainfleet and encourage all citizens to recognize and celebrate the accomplishments of our seniors. CARRIED. 16. OTHER BUSINESS Walkathon Fundraiser for Wainfleet Cenotaph Alderman Konc reported that she will be participating in the Walkathon Fundraiser for the Wainfleet Cenotaph on Saturday, May 10th, 2014, and that sponsors are welcome. Mayor Jeffs advised that all members of Council are planning on participating in the Walkathon. Trivia Night Fundraiser for Wainfleet Cenotaph Alderman Hessels advised that a Trivia Night is being held on Friday, April 11th, 2014 to support the construction of the Wainfleet Cenotaph. More information is available on the Township website at www.wainfleet.ca. 17. CLOSED MEETING There were no Closed Meeting items. BYLAW TO CONFIRM THE PROCEEDING OF COUNCIL Resolution No. C-100-2014 Moved by Richard Dykstra Seconded by Betty Konc THAT the following bylaw be now read a first, second and a third time and finally passed this 8th day of April, 2014: 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 8th day of April, 2014. CARRIED.

18.

19.

ADJOURNMENT Resolution No. C-101-2014 Moved by David Wyatt Seconded by Ted Hessels THAT Council for the Township of Wainfleet do now adjourn. CARRIED.

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

Page 12

Council adjourned at 9:18 p.m.

A. Jeffs, MAYOR

C.S. Luey, CLERK

PLANNING STAFF REPORT

PSR-011/2014

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council M. Sullivan, Manager of Planning April 22, 2014 Encroachments on Municipal Property

RECOMMENDATION(S): THAT this report be received; THAT Council authorize staff to initiate the development of an encroachment policy, including a public engagement plan to connect with permanent and seasonal Township residents. AND THAT Council direct staff to report back on this matter during summer 2014, followed by a bylaw to implement any approved policy. EXECUTIVE SUMMARY: In February 2014, PSR-004/2014 was presented to Council regarding resolution of one encroachment instance, for a property on Harbourview Road. Council noted that their preference was to address all encroachments consistently and at one time, rather than on a per property basis. Staff have reviewed the issue of encroachments and developed an approach to address this issue for the entire municipality. Given the sensitivity involved with encroachments, it is appropriate to engage with Township residents to determine what they will and will not accept, and the consequences of taking a policy approach. Staff recommend hosting a variety of public engagement events, including an Open House, posting notices and information on the Township website and Facebook page and possibly other means in order to gather information from residents on ways to resolve encroachments. This higher level of engagement is recommended given the diversity of ownership within the Township, including permanent Wainfleet residents, Ontario-based seasonal residents and international residents generally hailing from New York and parts beyond. Given that several of the known encroachments affect lakeshore area properties, which are historically smaller lots and include many seasonal residents, staff believe it is in their interest to be involved with the development of this policy. Several factors need to be considered in an Encroachment Policy: Scale/scope (ie. Does size and/or degree of encroachment matter?) How resolved (ie. Small = permit, large = encroachment agreement?) Fines for non-compliance? Amnesty period

1. 2. 3. 4.

PSR-011/2014

2014 04 22 Page 2

5. On-going enforcement As there may be fines and/or other means of enforcement imposed, those affected need to be considered. Staff recommends the following approach: 1. Summarize background research 2. Initiate public engagement: a. Set date for Open House b. Post information to Township website and Facebook page c. Host Open House 3. Collect information and analyze to determine a Wainfleet-specific solution to encroachments. 4. Draft Policy 5. Present to Council for review/approval BACKGROUND: Encroachments are a historical issue within the Township. An encroachment occurs when a privately-owned structure is built at least in part on Township owned properties. This can occur due to an error, have been completed prior to a property being surveyed or as a result of indifference on the owners side. Regardless of how an encroachment occurs, they are not normally discovered or resolved until the owner wishes to make some sort of change to their property. Thus, once discovered an encroachment can delay issuance of a Building Permit or result in significant legal expense and use of Township staff resources to get resolved. The Township of Wainfleet has several unopened or unused road allowances. Recent requests for development by property owners located along the Lake Erie shore have identified encroachments, based on small lots accessing historically private lanes. As many of the encroachments, known and not known, are historical, they are likely to be sensitive issues when negotiating resolution. Public engagement is the most effective way to identify, address and hopefully resolve common issues and concerns in advance of identifying a workable solution. OPTIONS/DISCUSSION: Encroachments can be addressed in several ways, of which the following are a sample. Further research, including public comment may identify additional options: 1. Encroachment Agreement: This is a standard approach to resolving these. It is a legal agreement that is signed between the owner and Township essentially acknowledging the encroachment and agreeing not to make it worse. Normally used for larger, more obvious encroachments. This would involve a large fee to cover administration and legal counsel review of the agreement. 2. Encroachment Permit: Possible approach for smaller encroachments, where the matter is isolated and has no effect on surrounding properties. This would require a small fee to cover the cost of administration.

PSR-011/2014

2014 04 22 Page 3

3. Amnesty Period: Provides owners of property with known encroachments to approach the Township voluntarily to address the issue. Most likely to end in partial compliance. 4. Status Quo/Do Nothing: This is always an option, but one that does not address the issue. Taking this approach may result in higher liability for the Township, when an encroachment becomes an issue. Public engagement will be used to vet these preliminary options and to identify other ones that may be more acceptable and appropriate to the Township. Based on the diverse locations of property owners (i.e. Wainfleet, GTA, Western New York, etc.), a multi-pronged engagement strategy is required. Timing of events is also important. Developing such a policy over the winter may be perceived as a negative, given that many residents are seasonal. Engaging with residents in the spring and early summer will hopefully lead to better results. FINANCIAL CONSIDERATIONS: None directly as staff will prepare the policy and run the public engagement events. The Township could face an unknown liability (financial and/or legal) for certain encroachment instances. The costs are not known. OTHERS CONSULTED: Chief Administrative Officer/Clerk Township of Tiny (Simcoe County) Niagara Region Municipalities Online research Ontario Municipal Board online database ATTACHMENTS: None Respectfully submitted by, Approved by,

Michael Sullivan, MCIP, RPP Manager of Planning

C. Scott Luey Chief Administrative Officer

PLANNING STAFF REPORT

PSR-012/2014

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council M. Sullivan, Manager of Planning April 22, 2014 Provincial Policy Statement 2014

RECOMMENDATION(S): THAT this report be received for information. EXECUTIVE SUMMARY: On February 14, 2014, the Province (Ministry of Municipal Affairs and Housing) released the Provincial Policy Statement 2014 (PPS). This new PPS affects all land use decisions across the Province of Ontario. Specifically, all land use decisions must be consistent with provincial policy. The new policies are set to come into effect on April 30, 2014. All current planning applications will be affected as there are no grand-fathering or transition provisions in the PPS. This has caused some confusion within the planning community. Staff attended a preliminary training session for the PPS, hosted by the Province, on April 11, 2014. Some basic training on the new policies was received to provide staff with a level of comfort in reviewing applications. However, additional training is required. In reviewing internal training needs, several staff were identified as benefitting from some training on the PPS, even if just for awareness purposes. It was also felt that Council and Committee of Adjustment members might benefit from some training. The Manager of Planning will host a training session for staff, Council and the Committee of Adjustment over the next few months. A notice of time and location will be circulated to everyone. BACKGROUND: None OPTIONS/DISCUSSION: None FINANCIAL CONSIDERATIONS: None

PSR-012/2014

2014 04 22 Page 2

OTHERS CONSULTED: Chief Administrative Officer / Clerk Secretary-Treasurer of the Committee of Adjustment Private Septic System Inspector ATTACHMENTS: 1. Appendix A Provincial Policy Statement 2014 Track Changes Version Respectfully submitted by, Approved by,

Michael Sullivan, MCIP, RPP Manager of Planning

C. Scott Luey Chief Administrative Officer

APPENDIX A

PSR-012/2014 APPENDIX A

2014 04 22 Page 2

PSR-012/2014 APPENDIX A

2014 04 22 Page 3

PSR-012/2014 APPENDIX A

2014 04 22 Page 4

PSR-012/2014 APPENDIX A

2014 04 22 Page 5

PSR-012/2014 APPENDIX A

2014 04 22 Page 6

PSR-012/2014 APPENDIX A

2014 04 22 Page 7

PSR-012/2014 APPENDIX A

2014 04 22 Page 8

PSR-012/2014 APPENDIX A

2014 04 22 Page 9

PSR-012/2014 APPENDIX A

2014 04 22 Page 10

PSR-012/2014 APPENDIX A

2014 04 22 Page 11

PSR-012/2014 APPENDIX A

2014 04 22 Page 12

PSR-012/2014 APPENDIX A

2014 04 22 Page 13

PSR-012/2014 APPENDIX A

2014 04 22 Page 14

PSR-012/2014 APPENDIX A

2014 04 22 Page 15

PSR-012/2014 APPENDIX A

2014 04 22 Page 16

PSR-012/2014 APPENDIX A

2014 04 22 Page 17

PSR-012/2014 APPENDIX A

2014 04 22 Page 18

PSR-012/2014 APPENDIX A

2014 04 22 Page 19

PSR-012/2014 APPENDIX A

2014 04 22 Page 20

PSR-012/2014 APPENDIX A

2014 04 22 Page 21

PSR-012/2014 APPENDIX A

2014 04 22 Page 22

PSR-012/2014 APPENDIX A

2014 04 22 Page 23

PSR-012/2014 APPENDIX A

2014 04 22 Page 24

PSR-012/2014 APPENDIX A

2014 04 22 Page 25

PSR-012/2014 APPENDIX A

2014 04 22 Page 26

PSR-012/2014 APPENDIX A

2014 04 22 Page 27

PSR-012/2014 APPENDIX A

2014 04 22 Page 28

PSR-012/2014 APPENDIX A

2014 04 22 Page 29

PSR-012/2014 APPENDIX A

2014 04 22 Page 30

PSR-012/2014 APPENDIX A

2014 04 22 Page 31

PSR-012/2014 APPENDIX A

2014 04 22 Page 32

PSR-012/2014 APPENDIX A

2014 04 22 Page 33

PSR-012/2014 APPENDIX A

2014 04 22 Page 34

PSR-012/2014 APPENDIX A

2014 04 22 Page 35

PSR-012/2014 APPENDIX A

2014 04 22 Page 36

PSR-012/2014 APPENDIX A

2014 04 22 Page 37

PSR-012/2014 APPENDIX A

2014 04 22 Page 38

PSR-012/2014 APPENDIX A

2014 04 22 Page 39

PSR-012/2014 APPENDIX A

2014 04 22 Page 40

PSR-012/2014 APPENDIX A

2014 04 22 Page 41

PSR-012/2014 APPENDIX A

2014 04 22 Page 42

PSR-012/2014 APPENDIX A

2014 04 22 Page 43

PSR-012/2014 APPENDIX A

2014 04 22 Page 44

PSR-012/2014 APPENDIX A

2014 04 22 Page 45

PSR-012/2014 APPENDIX A

2014 04 22 Page 46

PSR-012/2014 APPENDIX A

2014 04 22 Page 47

PSR-012/2014 APPENDIX A

2014 04 22 Page 48

PSR-012/2014 APPENDIX A

2014 04 22 Page 49

PSR-012/2014 APPENDIX A

2014 04 22 Page 50

PSR-012/2014 APPENDIX A

2014 04 22 Page 51

PSR-012/2014 APPENDIX A

2014 04 22 Page 52

PSR-012/2014 APPENDIX A

2014 04 22 Page 53

ADMINISTRATION STAFF REPORT

ASR-008/2014

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council S. Luey, Chief Administrative Officer April 22, 2014 Wainfleet Strategic Plan

RECOMMENDATION(S): THAT this report be received; AND THAT Council provide staff with direction with regard to Strategic Planning. EXECUTIVE SUMMARY: Council recently directed Staff to prepare a report on the Strategic Plan process. Staff have conducted research on the Strategic Planning process and the suitability of conducting a strategic plan during 2014. Staff have learned that a Strategic Plan will help to identify priorities and provide a road map for Council and Staff to enhance the delivery of programs and services for a 5 to 10 year period. If the Township decides to undertake a Strategic Plan, staff feel that it would be appropriate to use an independent facilitator. BACKGROUND: At a previous meeting, Council directed Staff to compose a Terms of Reference for a Strategic Planning exercise in the event that Council decides to proceed with a Strategic Plan. Staff have researched the Terms of Reference by discussing the idea with a local Strategic Plan facilitator. The facilitator suggests approving a workplan rather than a Terms of Reference. A typical workplan for a strategic planning exercise could include the following components: In person interviews or survey style questionnaire with senior staff and Council members to identify current environment and future potential Analysis of internal strengths and weaknesses, and external opportunities and threats (SWOT Analysis) A series of facilitated meetings to identify potential and priorities, including: o Staff only o Council only (open to the public) o Council and Staff (open to the public with public input) o Open houses to gather information and/or present draft plan

ASR-008/2014 o Identify key issues (include public and business community) Determining financial implications of recommendations Submission of the Draft Strategic Plan to Council Approval of the Draft Strategic Plan by Council Action plan for implementation of the approved plan Communication plan for informing stakeholders about approved plan

2014 04 22 Page 2

Conducting a strategic plan exercise based on use of the majority of the components described above will provide the Township with a Strategic Plan that will incorporate the strengths of the Township and the wishes of Council members and external stakeholders such as residents, the agricultural community, and the business community. OPTIONS/DISCUSSION: Staff have identified three options do nothing, undertake a Strategic Planning exercise with the use of an outside facilitator, undertake a Strategic Planning exercise without the use of an outside facilitator. If Council chooses to do nothing in 2014, the issue of strategic planning could be revisited in the new term of Council from 2015 - 2018. If Council chooses to undertake strategic planning this year, Staff recommend the use of an independent facilitator. Based on a rough estimate of fees, the Townships Procurement Bylaw would allow Staff to seek quotations from a number of experienced facilitators and choose one based on the range of services provided and the price. FINANCIAL CONSIDERATIONS: It is estimated that using a consultant to act as Facilitator to complete a Strategic Planning exercise, including facilitating several stakeholder meetings (open to the public) and delivering a Draft Strategic Plan to Council will cost between $5,000 and $10,000. Funding for a Strategic Planning exercise has not been provided in the 2014 annual budget but there are adequate funds in the General Reserve which could be designated for this purpose. OTHERS CONSULTED: Cecil Vincent Manager, Strategic Projects & Corporate Strategic Initiatives (Contract) ATTACHMENTS: None. Respectfully submitted and approved by,

C. Scott Luey Chief Administrative Officer

DRAINAGE STAFF REPORT

DSR-003/2014

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council B. Jackson, Drainage Superintendent April 22, 2014 Equipment Rental Rates for 2014/2015

RECOMMENDATION(S): THAT this report be received; THAT all contractors submitting tenders be forwarded a copy of the tender summary and be advised that equipment will be selected only from those who have submitted all required insurance and liability information, etc.; THAT the supervisor in charge be authorized to select equipment best suited for a particular job from the tenders received taking into account rates, reliability, availability, past service and the submission of required information, as noted. Equipment will be used from contractors who did not tender only when the required piece is not available from the qualified tenders received or is not suitable based on costs or capabilities. AND THAT this report be adopted, as submitted, with 2014/2015 rates to be effective April 30, 2014 to March 31, 2015. EXECUTIVE SUMMARY: Tenders for the rental of equipment required by the Township of Wainfleet for use in the Public Works and Drainage Departments for 2014/2015 were received from 6 contractors and were opened on April 11, 2014 by the Clerk and Drainage Superintendent (see Attachment A) in compliance with the Townships Procurement Policy. BACKGROUND: It has, in the past, been the practice of the Township of Wainfleet to use only equipment from contractors who have submitted Workplace Safety Insurance Board Certificates, proof of liability insurance as well as proof of insurance naming the Township of Wainfleet and its employees as additional insured and Waiver and Release forms attached to the tenders. Only when the required equipment is not available or not suitable, will equipment be used from contractors who did not submit tenders. OPTIONS/DISCUSSION: Staff recommends that Council accept the attached rental fees.

DSR-003/2014

2014 04 22 Page 2

FINANCIAL CONSIDERATIONS: The range of prices compared to last year was similar. There were either no increases or very minimal increases from the rates received for 2014/2015. OTHERS CONSULTED: None ATTACHMENTS: 1. Appendix A 2014 Equipment Tender Summary Sheet

Respectfully prepared and submitted by:

Approved by:

Brett R. H. Jackson, C.E.T. Drainage Superintendent

C. Scott Luey Chief Administrative Officer

APPENDIX A

BUILDING STAFF REPORT

BSR-006/2014

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council J. Boerema, Chief Building Official April 22, 2014 Building Permit Report March 2014

RECOMMENDATION(S): THAT this report be received for information. EXECUTIVE SUMMARY: Attached as Appendix A is the summary report of building activity within the Township of Wainfleet for the month of March 2014. BACKGROUND: None. OPTIONS/DISCUSSION: None. FINANCIAL CONSIDERATIONS: None. OTHERS CONSULTED: None. ATTACHMENTS: 1. Appendix A Summary Chart of the Building Permit Report March 2014

Respectfully submitted by,

Approved by,

John Boerema, C.E.T., CBCO, C.P.S.O. Chief Building Official

Scott Luey Chief Administrative Officer

APPENDIX A

Township of Wainfleet Building Permit Report - March 2014

Permit # Date Issued Owner Builder Municipal Address Description of Work Value of Construction Building Permit Fees

W003-2014 W005-2014 W011-2014 W012-2014 W013-2014 W018-2014

4-Mar-14 6-Mar-14 19-Mar-14 18-Mar-14 13-Mar-14 19-Mar-14

Glen Garriock Not Specified David Thorpe Not Specified Michael Edmonds Not Specified Attercliffe Canadian Reformed School Not specified Tim Oosterhof Not Specified Kim Denis Not Specified

60822 10572 11149 85785 73248 11786

Riverside Dr Maplewood Dr Churchill Ave Canborough Rd Robertson Rd Lakeshore Road

Solar Panel Installation Garage Single Family Dwelling Classroom and Library Addition Grain Bin Interior Repairs/Renovations

$28,000.00 $15,000.00 $175,000.00 $570,000.00 $65,000.00 $20,000.00 $873,000.00

$422.80 $220.95 $1,510.50 $6,618.50 $251.75 $193.20 $9,217.70

FIRE DEPARTMENT STAFF REPORT

FSR-002/2014

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council H. Flagg, Fire Chief April 22, 2014 Request for Approval to Form a Fire Master Plan Implementation Committee

RECOMMENDATION(S): THAT this report be received; THAT Council approve the formation of a Fire Master Plan Implementation Committee comprising of 3 members to include the Chair of Fire & Emergency Services and the Fire Chief, and pass a resolution appointing the 3 members at a subsequent Council meeting; AND THAT Council approve the Terms of Reference for the Fire Master Plan Implementation Committee attached hereto as Appendix A. EXECUTIVE SUMMARY: Under the direction of Council, staff recommend that a Fire Master Plan Implementation Committee comprising of three members now be established in order to carry out the recommendations proposed in the Fire Master Plan. BACKGROUND: At its June 11, 2013 meeting, Council adopted the Fire Master Plan under advisement for implementation by the Fire Chief and Chief Administrative Officer by way of Resolution Number C-173-2013. On February 18, 2014 staff was directed to bring forward a staff report regarding the formation of a Fire Master Plan Implementation Committee including draft Terms of Reference. OPTIONS / DISCUSSION: It is the recommendation of staff that the Committee be comprised of three members, one being the Chair of Fire & Emergency Services, one being the Fire Chief and one Firefighter. The Terms of Reference, attached as Appendix A will outline the powers, duties, mandate and governance of the Committee.

FSR-002/2014

2014 04 22 Page 2

FINANCIAL CONSIDERATIONS: It is the recommendation of staff that the terms of reference stipulate that Committee members not be compensated for their time. Applicable expenses resulting from this Committee are anticipated to be: o Advertising costs o Travel, out-of-pocket expenses, and/or administrative fees incurred by the Committee o Additional staff time for an Administrative Assistant to attend the meetings for the purpose of recording minutes if so requested OTHERS CONSULTED: None. ATTACHMENTS: 1. Appendix A Terms of Reference

Respectfully submitted by,

Approved by,

Harry Flagg Fire Chief

Scott Luey Chief Administrative Officer

APPENDIX A

Terms of Reference Township of Wainfleet Fire Master Plan Implementation Committee

1.

Name of Committee Fire Master Plan Implementation Committee (FMPIC). Purpose/Mandate/Scope a) FMPIC will act as an advisory body to Council which will provide advice and recommendations on the implementation of the Fire Master Plan. b) FMPIC 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 Fire Chief. FMPIC acts primarily in an advisory capacity and leaves the overall responsibility of operating the Department with Township Council.

2.

3.

Goals & Objectives As the result of the Fire Master Plan study which was carried out in 2013 a number of recommendations were presented. These recommendations will be implemented under advisory by the FMPIC. Appointment of Members Council will be responsible for the appointment of all members of the Committee. Term of Office All terms shall be four (4) years and will extend until May of the year following a new election. Meetings FMPIC will meet on a monthly basis, or at the call of the chair as required.

4.

5.

6.

FSR-002/2014 APPENDIX A

2014 04 22 Page 2

7.

Agenda Preparation for the Meeting a) The FMPIC Chair and/or Vice-chair will be responsible for development of the FMPIC agenda in the week prior to the meeting. b) The FMPIC secretary will distribute the agenda and any accompanying material to all Committee members the Friday prior to the meeting.

8.

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.

9.

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 Bylaw and the Municipal Act. Minutes of the Meeting The Fire Chief will provide staff support for the taking minutes of the Committee meetings, the disposition of the minutes, and coordination of meetings. Committee Procedures a) Quorum shall be a majority of the members. 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 Fire Chief within 30 days of the committee meeting. e) FMPIC 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.

10.

11.

FSR-002/2014 APPENDIX A

2014 04 22 Page 3

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. 12. Expenses No member of the Advisory Committee shall receive payment for any work or services performed for the Committee, with the exception of expenses incurred as the direct result of performance specifically requested by the Committee. Approval for such reimbursement must be approved by the Committee in advance. 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.

13.

CORRESPONDENCE REFERRED TO COUNCIL 104.

2014 04 22

From the Lupus Foundation of Ontario requesting the proclamation of May 10 th, 2014 as World Lupus Day and the month of October, 2014 as Lupus Awareness Month in the Township of Wainfleet. A copy of this correspondence has been circulated to Council. REC. support request. From the Township of West Lincoln Planning and Development providing notice of its Councils March 24th decision regarding the adoption of Official Plan Amendments Nos. 37 and 38: Swap/Exchange Process and Compliance Policies. A copy of this correspondence has been circulated to Council and Planning. REC. receive for information. From the Town of Grimsby to the City of Port Colborne providing notice of its Councils support of Port Colbornes resolution calling for the reform of joint and several liability for municipalities. A copy of this correspondence has been circulated to Council. REC. receive for information. From the Town of Petrolia to the Honourable Kathleen Wynne, Premier of Ontario, providing its Councils resolution calling for the Province of Ontario to take immediate action to prevent the proposed hydro rate and any other increases from being implemented. A copy of this correspondence has been circulated to Council. REC. receive for information. From the Alcohol and Gaming Commission of Ontario (AGCO) regarding Regulation 720 under the Liquor Licence Act, which allos the sale of VQA wines at eligible Ontario farmers markets as of May 1st, 2014. A copy of this correspondence has been circulated to Council. REC. receive for information. From the Town of Niagara-on-the-Lake to the Regional Clerk, Niagara Region, regarding a resolution passed by Niagara-on-the-Lake Council requesting the review of police services costs and outlining subsequent reports to be provided by the Region by the end of 2014. The support of local area municipalities is requested. A copy of this correspondence has been circulated to Council. REC. refer to Council. From the Municipality of Temagami providing notice of its Councils support of previous resolutions calling on the Province of Ontario to prevent the proposed hydro rate and any other increases from being implemented. A copy of this correspondence has been circulated to Council. REC. receive for information. From Regional Planning and Development Services, Niagara Region, providing Notice of Approval of Regional Official Plan Amendment (RPPA 5-2013) Consultation, Engagement and Implementation Policies. A copy of this correspondence has been circulated to Council and Planning. REC. receive for information.

105.

106.

107.

108.

109.

110.

111.

Unregistered Welland & District SPCA - Monthly Statistics March 2014 Niagara Regional Police Services Board Report March 2014

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 017-2014 Being a bylaw to amend Bylaw No. 027-2012 being a bylaw under the Building Code Act respecting building, demolition, change of use and occupancy permits, transfer of permits and inspections. WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chapter 23, as amended, empowers Council to pass certain bylaws respecting building, demolition, change of use and occupancy permits, transfer of permits, inspections and the setting and refunding of fees; AND WHEREAS Subsection 8(3) of the Building Code Act 1992, S.O. 1992, c .23 as amended, authorizes a Chief Building Official to issue a Conditional Building Permit in circumstances and subject to the conditions listed in that subsection; AND WHEREAS Article 8(3)(c) of the Building Code Act 1992, S.O. 1992, c .23 as amended, sets out that the applicant or such other person as the Chief Building Official determines, must enter into a form of agreement which is described in that article and commonly known as a Conditional Building Permit Agreement; AND WHEREAS the Council of the City of Niagara Falls deems it to be in the public interest that the Chief Building Official have the authority to execute Conditional Building Permit Agreements on behalf of the City of Niagara Falls; NOW THEREFORE the Council for the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: 1. THAT Bylaw No. 027-2012 be amended to include the following sentence: 4.7 The Chief Building Official may, upon being satisfied that as many of the requirements of this by-law, the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the Building Code as amended, as practicable have been complied with, execute an agreement that includes the terms described in Article 8(3)(c) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended.

2.

AND THAT this bylaw shall come into force and effect on the day upon which it is passed.

BYLAW READ A FIRST TIME THIS 22ND DAY OF APRIL, 2014. BYLAW READ A SECOND TIME THIS 22ND DAY OF APRIL, 2014. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF , 2014.

A. Jeffs, MAYOR

C.S. Luey, CLERK

PROCLAMATION WORLD LUPUS DAY MAY 10TH, 2014 WHEREAS lupus is an autoimmune disease that can cause severe damage to the tissue and organs in the body and, in some cases, death; and WHEREAS more than five million people worldwide suffer the devastating effects of this disease and each year over a hundred thousand young women, men and children are newly diagnosed with lupus, the great majority of whom are women of childbearing age; and WHEREAS medical research efforts into lupus and the discovery of safer, more effective treatments for lupus patients are under-funded in comparison with diseases of comparable magnitude and severity; and WHEREAS many physicians worldwide are unaware of symptoms and health effects of lupus, causing people with lupus to suffer for many years before they obtain a correct diagnosis and medical treatment; and WHEREAS there is a deep, unmet need worldwide to educate and support individuals and families affected by lupus; and WHEREAS there is an urgent need to increase awareness in communities worldwide of the debilitating impact of lupus; and WHEREAS World Lupus Day is a day on which lupus organizations around the globe call for increases in public and private sector funding for medical research on lupus, targeted education programs for health professionals, patients and the public and worldwide recognition of lupus as a significant health issue; NOW THEREFORE BE IT RESOLVED THAT Council for the Township of Wainfleet does hereby proclaim the 10th day of May, 2014 as World Lupus Day in the Township of Wainfleet.

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 018-2014 Being a bylaw to adopt, ratify and confirm the actions of the Council at its regular meeting held on the 22nd 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 22nd 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 abovementioned actions and to obtain approvals where required. 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. This bylaw shall come into force on the day upon which it is passed.

3.

4.

BYLAW READ A FIRST TIME THIS 22ND DAY OF APRIL, 2014. BYLAW READ A SECOND TIME THIS 22ND DAY OF APRIL, 2014. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 22ND DAY OF APRIL, 2014.

A. Jeffs, MAYOR

C.S. Luey, CLERK