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C002/12 THE CORPORATION OF THE TOWNSHIP OF WAINFLEET REGULAR MEETING OF COUNCIL AGENDA TUESDAY, JANUARY 10 TH , 2012 at 7:00 P.M. COUNCIL CHAMBERS 1. Call to Order 2. National Anthem 3. Opening Prayer a) Mayor Jeffs 4. Disclosure of Pecuniary Interest and the General Nature Thereof 5. Presentations None scheduled 6. Public Hearings None scheduled 7. Delegations a) Bev Lepard and Tony Wellenreiter Re: Niagara Peninsula Conservation Authority Flood Plain Limits 8. Business Arising from Delegations 9. Mayor’s Announcements & Remarks 10. Adoption of the Minutes a) Minutes of the Regular Meeting of Council held on December 13 th , 2011, December 16 th , 2011 and January 3 rd , 2012 11. Staff Reports and Recommendations a) Planning Staff Reports No report(s) submitted b) Administration Staff Reports i) ASR-001/2012 Re: Council Compensation ii) ASR-002/2012 Re: 2010 Financial Indicators
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Wainfleet council Jan. 10, 2012 agenda

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Wainfleet council Jan. 10, 2012 agenda
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Page 1: Wainfleet council Jan. 10, 2012 agenda

C002/12

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET

REGULAR MEETING OF COUNCIL AGENDA

TUESDAY, JANUARY 10TH, 2012 at 7:00 P.M.

COUNCIL CHAMBERS

1. Call to Order

2. National Anthem

3. Opening Prayera) Mayor Jeffs

4. Disclosure of Pecuniary Interest and the General Nature Thereof

5. PresentationsNone scheduled

6. Public HearingsNone scheduled

7. Delegationsa) Bev Lepard and Tony Wellenreiter Re: Niagara Peninsula Conservation

Authority Flood Plain Limits

8. Business Arising from Delegations

9. Mayor’s Announcements & Remarks

10. Adoption of the Minutesa) Minutes of the Regular Meeting of Council held on December 13th, 2011,

December 16th, 2011 and January 3rd, 2012

11. Staff Reports and Recommendationsa) Planning Staff Reports

No report(s) submitted

b) Administration Staff Reportsi) ASR-001/2012 Re: Council Compensation

ii) ASR-002/2012 Re: 2010 Financial Indicators

Page 2: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Agenda, January 10th, 2012 Page 2

iii) ASR-003/2012 Re: 2011 Slogan Contest

c) Drainage Staff ReportsNo report(s) submitted

d) Building Staff Reportsi) BSR-001/2012 Re: Building Permit Report – December 2011

e) Public Works Staff Reportsi) PWSR-001/2012 Re: Regulation of Private On-Site Sewage Systems

ii) PWSR-002/2012 Re: Recreation Facilities Rates – 2012

iii) PWSR-003/2012 Re: Roof Replacement on East Public Works GarageBuilding

iv) PWSR-004/2012 Re: Tuition Reimbursement

f) Fire Staff ReportsNo report(s) submitted.

g) Bylaw Enforcement Staff ReportsNo report(s) submitted.

12. Review of Correspondence

13. Bylaws

First & Second Reading

a) Bylaw No. 001-2012 being a bylaw for the Regulation of Private On-Site SewageSystems in the Township of Wainfleet.

b) Bylaw No. 002-2012 being a bylaw to set rental rates for use of RecreationFacilities.

c) Bylaw No. 003-2012 being a bylaw to appoint a Fire Chief for the Corporation ofthe Township of Wainfleet.

Third & Final Reading

a) Bylaw No. 037-2011 being a bylaw to provide for interim tax levies for the year2012 for the Township of Wainfleet.

b) Bylaw No. 039-2011 being a bylaw to authorize the transfer by the Corporation ofthe Township of Wainfleet in favour of applicants for the abandoned rail corridoras set out in Schedule “A” attached hereto.

14. Notices of Motion

15. Proclamations

Page 3: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Agenda, January 10th, 2012 Page 3

16. Other Business

17. Closed Meeting

a) Adoption of Minutes of the In-Camera Meeting of Council for 2011 09 13,2011 10 25, 2011 11 08, 2011 11 16 and 2011 12 16.

b) Item under Section 239 (2) (b) and (d) of the Municipal Act, 2001, personalmatters about an identifiable individual, including municipal or local boardemployees and labour relations or employee negotiations – regardingConfidential Staff Report ASR-004/2012 addressing management compensationschedule (1 item).

c) Item under Section 239 (2) (e) of the Municipal Act, 2001, litigation or potentiallitigation, including matters before administrative tribunals, affecting the municipalor local board – regarding Fire Safety Commission Appeal (1 item).

18. Rise and Report

19. Bylaw to Confirm the Proceeding of Council

a) Bylaw No. 004-2012 being a bylaw to adopt, ratify and confirm the actions of theCouncil at its regular meeting held on the 10th day of January 2012.

19. Adjournment of Meeting

Page 4: Wainfleet council Jan. 10, 2012 agenda

C23/11

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET

REGULAR MEETING OF COUNCIL MINUTES

Minutes of the Regular Meeting of Council held in the Wainfleet Council Chambers located at31940 Highway #3, Wainfleet, Ontario, on Tuesday, December 13, 2011 at 7:00 p.m.

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

STAFF PRESENT: T. Lamb, S. Luey, R. Madere, G. Munday, G. Wuisman, J. Boerema,T. Bunz

1. CALL TO ORDERMayor Jeffs noted that there was quorum present and she called the meeting to order at7:00 p.m.

2. NATIONAL ANTHEMA recording was provided.

3. OPENING PRAYERMayor Jeffs delivered the opening prayer.

4. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOFAlderman Dykstra declared a conflict of interest to Bylaw No. 035-2011, as his daughteris being considered as a committee member and Bylaw No. 039-2011, as he owns landsabutting the abandoned rail corridor.

Alderman Hessels declared a conflict of interest to Drainage Staff ReportDSR-008/2011, as he owns abutting property to the Bridgewater Drain.

5. PRESENTATIONSa) Mayor Jeffs presented Hanna Dykstra, Jillian Edwards, Emma Rosezell and

Amber Smith, whose artwork was used for the 2011 Township Holiday Cards,with a framed version of their card.

6. PUBLIC HEARINGSNone.

7. DELEGATIONS

a) Kristina Edwards addressed Council to convey her concern regarding the lack ofspeed limit signs along frequently travelled rural roads and the dangers that existdue to the lack of proper signage.

Page 5: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, December 13, 2011 Page 2

b) Bill Carrothers appeared before Council to provide an overview and detailedexplanation for the rationale behind the naturalization landscaping at JerichoHouse.

The presenters speaking notes are enclosed in the December 13th, 2011, Councilmeeting folder.

c) Brian Fear approached Council to discuss the maintaining and upgrading ofmunicipal roads within the Township. The Director of Operations responded toseveral questions raised by Mr. Fear.

Mr. Fear’s speaking notes are enclosed in the December 13th, 2011, Councilmeeting folder.

8. BUSINESS ARISING FROM DELEGATIONS

Resolution No. C-343-2011

Moved by Betty KoncSeconded by David Wyatt

“THAT the delegates’ presentations be received for information.”

CARRIED.

Resolution No. C-344-2011

Moved by David WyattSeconded by Betty Konc

“THAT the Director of Operations be directed to prepare a staff report to Counciladdressing the need and financial implications on increasing speed limit signs onfrequently travelled rural roads in Wainfleet.”

CARRIED.

Resolution No. C-345-2011

Moved by Richard DykstraSeconded by David Wyatt

“THAT the Chief Building Official be directed to prepare a staff report to Counciladdressing exemptions that need to be applied to Wainfleet’s Property StandardsBylaw in order for Jericho House naturalization program to comply.”

CARRIED.

Page 6: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, December 13, 2011 Page 3

9. MAYOR’S ANNOUNCEMENTS & REMARKSThe Mayor’s comments are enclosed in the December 13th Council meeting folder.

10. ADOPTION OF THE MINUTES

a) Minutes of the Regular Meeting of Council held on November 22nd, 2011

Resolution No. C-346-2011

Moved by David WyattSeconded by Richard Dykstra

“THAT the minutes of the Regular Council meeting held on November 22nd beadopted as circulated.”

CARRIED.

11. STAFF REPORTS AND RECOMMENDATIONS

a) Planning Staff ReportsNo report(s) submitted

b) Administration Staff Reports

i) ASR-025/2011 Re: 2012 Regular Council Meeting Schedule

RECOMMENDATION(S):

THAT this report be received;

AND THAT the meeting schedule for 2012 be approved and postedimmediately.

Resolution No. C-347-2011

Moved by David WyattSeconded by Betty Konc

“THAT Administration Staff Report ASR-025/2011 Re: 2012 RegularCouncil Meeting Schedule and the recommendations contained thereinbe adopted as circulated.”

CARRIED.

c) Drainage Staff Reports

i) DSR-008/2011 Re: Engineer Appointment – Bridgewater Drain Extension

RECOMMENDATION(S):

THAT this report be received;

Page 7: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, December 13, 2011 Page 4

THAT Council accept the bid for the preparation of an Engineer’s reportfor the Bridgewater Drain Extension submitted by Spriet Associates in theamount of $16,850.00 plus applicable taxes;

AND THAT Council authorize the Drainage Superintendent to enter intoan agreement with Spriet Associates for the preparation of an Engineer’sreport for the Bridgewater Drain Extension.

Resolution No. C-348-2011

Moved by Richard DykstraSeconded by David Wyatt

“THAT Drainage Staff Report DSR-008/2011 Re: Engineer Appointment– Bridgewater Drain Extension and the recommendations containedtherein be adopted as circulated.”

CARRIED.

d) Building Staff Reports

i) BSR-013/2011 Re: Building Permit Report – November 2011

RECOMMENDATION(S):

THAT this report be received for information.

Resolution No. C-349-2011

Moved by Ted HesselsSeconded by David Wyatt

“THAT Building Staff Report BSR-013/2011 Re: Building Permit Report –November 2011 and the recommendation contained therein be adoptedas circulated.”

CARRIED.

e) Public Works Staff ReportsNo report(s) submitted

f) Fire Staff ReportsNo report(s) submitted

g) Bylaw Enforcement Staff ReportsNo report(s) submitted

Page 8: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, December 13, 2011 Page 5

12. REVIEW OF CORRESPONDENCE

Resolution No. C-350-2011

Moved by Richard DykstraSeconded by Ted Hessels

“THAT the report of the correspondence to Council dated December 13th, 2011and the recommendations contained therein be adopted as amended.”

CARRIED AS AMENDED (see below).

Resolution No. C-351-2011

Moved by Ted HesselsSeconded by Richard Dykstra

“THAT Alderman Konc be appointed to sit as a Board of Director on the SouthNiagara Health Care Corporation.”

CARRIED.

CORRESPONDENCE REFERRED TO COUNCIL 2011 12 13

222. From Ontario Good Roads Association Nominating Committee enclosing arecommended slate of candidates to serve on the 2012-2013 Board of Directors.REC. – receive for information.

223. From Wainfleet Township Public Library Board enclosing a motion that was passed insupport of providing space for a satellite constituency office for Cindy Forster, M.P.P.,Welland Riding dependent on time and space expectations. REC. – receive forinformation.

224. From the Town of Fort Erie enclosing resolutions in support of Brock University’sPlanned Cairns Family Health and Bioscience Research Complex – BusinessIncubator, the Impact of Hydraulic Fracturing and Treating of Wastewater within theGreat Lakes Basin, the Approval Process for Alternative Energy Projects and Smoke-Free Outdoor Spaces. REC. – receive for information.

225. From the City of Thorold enclosing a resolution in support of the Impact of HydraulicFracturing and Treating of Wastewater Within the Great Lakes Basin. REC. – receivefor information.

226. From the City of Port Colborne enclosing a resolution in support of Brock University’sPlanned Cairns Family Health and Bioscience Research Complex – BusinessIncubator. REC. – receive for information.

227. From the City of St. Catharines enclosing a resolution in support of the Impact ofHydraulic Fracturing and Treating of Wastewater Within the Great Lakes Basin. REC.– receive for information.

Page 9: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, December 13, 2011 Page 6

228. From the Township of Muskoka Lakes enclosing a resolution passed by its Councilrequesting that the Province of Ontario convene a meeting with the Province’smunicipalities to develop a plan to address the lack of municipal planning authorityover Renewable Energy Projects. A copy of this piece of correspondence has beencirculated to each member of Council. REC. – support resolution.

229. From the Federation of Canadian Municipalities (FCM) officially confirming that theTownship of Wainfleet will be one of the FCM’s four pilot communities for their ProtégéProgram. A copy of this piece of correspondence has been circulated to each memberof Council. REC. – receive for information.

230. From South Niagara Health Care Corp. requesting that a representative from theTownship of Wainfleet Council sit on its board of directors. A copy of this piece ofcorrespondence has been circulated to each member of Council. REC. – refer toCouncil appoint Alderman Konc as a representative.

231. Comments submitted by various Wainfleet residents and Summit-Telecomrepresentative response regarding proposed telecommunication tower in Wainfleet. Acopy of this piece of correspondence has been circulated to each member of Council.REC. – receive for information.

232. From the City of Port Colborne enclosing a resolution passed by its Council requestingsupport for the creation of a new and stable funding plan for supportive home care. Acopy of this piece of correspondence has been circulated to each member of Council.REC. – receive for information.

233. From the Niagara Peninsula Conservation Authority enclosing an update on theNiagara Peninsula Source Protection program. A copy of this piece ofcorrespondence has been circulated to the Director of Operations. REC. – receive forinformation.

234. From the Regional Clerk enclosing various bylaws as follows: Bylaw 116-2011 being abylaw to Adopt the 2012 Current Levy and Waste Management Budgets for theRegional Municipality; Bylaw 117-2011 being a bylaw to Adopt the 2012 CapitalBudget for the Regional Municipality; Bylaw 118-2011 being a bylaw to Set the Ratesand Requisitions to be Charged for Water Supplied to Lower-Tier Municipalities duringthe Period February 1, 2012 to December 31, 2012; and Bylaw 119-2011 being abylaw to Set the Requisitions to be Charged for Wastewater Received from Lower-TierMunicipalities for the Period February 1, 2012 to December 31, 2012. A copy of thispiece of correspondence has been circulated to the Treasurer. REC. – receive forinformation.

Unregistered

Niagara Regional Police Services Board Report, Volume 7, Issue 9

Niagara Regional Housing – Quarterly Report to Regional Council – July 1, 2011- September.30, 2011 Highlights

Page 10: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, December 13, 2011 Page 7

13. BYLAWS

Alderman Dykstra requested that Bylaw No. 035-2011 and Bylaw No. 039-2011 beconsidered and read separately.

First & Second Reading

Resolution No. C-352-2011

Moved by David WyattSeconded by Betty Konc

“THAT the following bylaws be now read a first and second time this 13th day ofDecember, 2011:

a) Bylaw No. 037-2011 being a bylaw to provide for interim tax levies for theyear 2012 for the Township of Wainfleet.

b) Bylaw No. 038-2011 being a bylaw to appoint Part 8 Sewage SystemInspector and Chief Building Official for the Township of Wainfleetpursuant to the Building Code Act.

c) Bylaw No. 040-2011 being a bylaw to appoint members of the RecreationMaster Plan Implementation Committee and adopt Terms of Referencefor the said Committee for the Corporation for the Township of Wainfleet.

d) Bylaw No. 041-2011 being a bylaw to borrow the sum of $70,000 tofinance the purchase of a 2012 International Workstar Single Axle Truck.”

CARRIED.

Resolution No. C-353-2011

Moved by David WyattSeconded by Betty Konc

“THAT Section 15.7 of the Procedural Bylaw No. 021-2010 be waived to allow the thirdreading and final passing of Bylaw No. 038-2011, Bylaw No. 040-2011, andBylaw No. 041-2011.”

CARRIED.

Third & Final Reading

Resolution No. C-354-2011

Moved by David WyattSeconded by Ted Hessels

“THAT the following bylaws be now read a third time and finally passed this 13th day ofDecember, 2011:

Page 11: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, December 13, 2011 Page 8

a) Bylaw No. 034-2011 being a bylaw to authorize borrowing from time totime to meet current expenditures during the fiscal year endingDecember 31, 2012.

b) Bylaw No. 038-2011 being a bylaw to appoint Part 8 Sewage SystemInspector and Chief Building Official for the Township of Wainfleetpursuant to the Building Code Act.

c) Bylaw No. 040-2011 being a bylaw to appoint members of the RecreationMaster Plan Implementation Committee and adopt Terms of Referencefor the said Committee for the Corporation for the Township of Wainfleet.

e) Bylaw No. 041-2011 being a bylaw to borrow the sum of $70,000 tofinance the purchase of a 2012 International Workstar Single Axle Truck.”

CARRIED.

Alderman Dykstra vacated his seat around the dais and did not take part in debate orvote on the bylaws.

First & Second Reading

Resolution No. C-355-2011

Moved by David WyattSeconded by Betty Konc

“THAT the following bylaw be now read a first and second time this 13th day ofDecember, 2011:

a) Bylaw No. 039-2011 being a bylaw to authorize the transfer by theCorporation of the Township of Wainfleet in favour of applicants for theabandoned rail corridor as set out in Schedule “A” attached hereto.”

CARRIED.

Third & Final Reading

Resolution No. C-356-2011

Moved by Ted HesselsSeconded by David Wyatt

“THAT draft Bylaw No. 035-2011, Section 1 be amended to include the following personto be appointed as a member of the Wainfleet Youth Committee: Samantha Rezner.”

CARRIED.

“THAT the following bylaw be now read a third time and finally passed, as amended, this13th day of December, 2011:

Page 12: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, December 13, 2011 Page 9

Resolution No. C-357-2011

Moved by Ted HesselsSeconded by David Wyatt

a) Bylaw No. 035-2011 being a bylaw to appoint members to the WainfleetYouth Committee.”

CARRIED.

Alderman Dykstra returned to his seat around the dias.

14. NOTICE OF MOTIONThere were no notices of motion.

15. PROCLAMATIONSThere were no proclamations.

16. OTHER BUSINESS

Belleview Beach SignageAlderman Konc noted that residents from the Belleview Beach area have requested thatthe Public Works Department erect a ‘No Motorized Vehicle’ sign at the beach access.

Resolution No. C-358-2011

Moved by Betty KoncSeconded by Richard Dykstra

“THAT the Public Works Department erect a ‘No Motorized Vehicles’ sign at the southend of Belleview Beach Road once confirmed by the Bylaw Enforcement Officer thatsuch a prohibiting bylaw exists.”

CARRED.

Safety DayThe Policing Committee are requesting financial support in the amount of $500.00 tooffset the expenditures of Safety Day for 2012.

Resolution No. C-359-2011

Moved by Betty KoncSeconded by David Wyatt

“THAT the Policing Committee’s request for financial support for the 2012 Safety Day inthe amount of $500.00 be referred to the 2012 Budget;

AND THAT the Treasurer be so notified.”

CARRIED.

Page 13: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, December 13, 2011 Page 10

Chamber of Commerce- President’s Awards Reception

Resolution No. C-360-2011

Moved by Betty KoncSeconded by Ted Hessels

“THAT the Township of Wainfleet nominate David Wyatt for the Chamber of CommerceCitizen of the Year Award for his hard work and dedication with the Wainfleet Fall Fairand Marshville Heritage.”

CARRIED.

Pumper Truck

Resolution No. C-361-2011

Moved by David WyattSeconded by Betty Konc

“THAT the Fire Department proceed with the sale of the old Pumper Truck using theGovernment Auction Website.”

CARRIED.

Cindy Forster

Resolution No. C-362-2011

Moved by Ted HesselsSeconded by David Wyatt

“THAT Council for the Township of Wainfleet extend an invite to Cindy Forster, MPP.Welland Riding to be a delegate at the next regularly scheduled Council meeting(January 10th, 2012).”

CARRIED.

Millrace Road – Illegal Dumping

Resolution No. C-363-2011

Moved by Richard DykstraSeconded by David Wyatt

“THAT the Chief Building Official and the Drainage Superintendent be directed tocompose a letter to residents along Millrace Road advising them that disposing leaf andyard waste along the municipal drain is not permitted.”

CARRIED.

Page 14: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, December 13, 2011 Page 11

17. CLOSED MEETINGThere were no Closed Meeting items.

18. BYLAW TO CONFIRM THE PROCEEDING OF COUNCIL

Resolution No. C-364-2011

Moved by Ted HesselsSeconded by David Wyatt

“THAT the following bylaw be now read a first, second and a third time and finallypassed this 13th day of December, 2011:

a) Bylaw No. 042-2011 being a bylaw to adopt, ratify and confirm the actionsof the Council a its regular meeting held on the 13th December, 2011.”

CARRIED.

19. ADJOURNMENT

Resolution No. C-365-2011

Moved by Ted HesselsSeconded by David Wyatt

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

CARRIED.

Council adjourned at 8:30 p.m.

A. Jeffs, MAYOR

T. Lamb, CLERK

Page 15: Wainfleet council Jan. 10, 2012 agenda

C24/11

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 at31940 Highway #3, Wainfleet, Ontario, on Friday, December 16, 2011 at 2:00 p.m.

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

STAFF PRESENT: T. Lamb, S. Luey,

OTHERS PRESENT: C. Halliday, City of Thorold Fire Chief; Denys Provost, City of WellandFire Chief and Dennis Fisher, Township of West Lincoln Fire Chief

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

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

5. CLOSED MEETING

Resolution No. C-366-2011

Moved by Richard DykstraSeconded by David Wyatt

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

a) Adoption of Minutes of the In-Camera Meeting of Council for 2011 09 13,2011 10 25, 2011 11 08 and 2011 11 16.

b) Item under Section 239 (2) (b) and (d) of the Municipal Act, 2001,personal matters about an identifiable individual, including municipal orlocal board employees and labour relations or employee negotiations –regarding Part-Time Fire Chief position (1 item).”

CARRIED.

Council reconvened at 3.04 p.m. Mayor Jeffs reported that Council met to discuss anitem under Section 239 (2) (b) and (d) for the purpose of discussing personal mattersabout an identifiable individual, including municipal or local board employees and labourrelations or employee negotiations regarding the recruitment of a Part-Time Fire Chief

Page 16: Wainfleet council Jan. 10, 2012 agenda

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

for the Township of Wainfleet. Mayor Jeffs noted that no resolutions emanatedtherefrom and that staff were given direction to make an offer of employment to thesuccessful candidate.

Resolution No. C-367-2011

Moved by Richard DykstraSeconded by Betty Konc

“THAT the appointment of Tim Bunz as interim Fire Chief be extended until a successoris appointed by bylaw.”

CARRIED.

6. ADJOURNMENT

Resolution No. C-368-2011

Moved by Betty KoncSeconded by David Wyatt

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

Council adjourned at 3:11 p.m.

A. Jeffs, MAYOR

T. Lamb, CLERK

Page 17: Wainfleet council Jan. 10, 2012 agenda

C01/12

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET

SPECIAL PUBLIC MEETING OF COUNCIL MINUTES

Minutes of the Regular Meeting of Council held in the Wainfleet Council Chambers located at31940 Highway #3, Wainfleet, Ontario, on Tuesday, January 3rd, 2012 at 7:00 p.m.

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

STAFF PRESENT: T. Lamb, S. Luey, R. Madere, C. Wood, G. Wuisman

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

2. NATIONAL ANTHEMA recording was provided.

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

4. PUBLIC HEARINGS

a) This public hearing was chaired by Mayor Jeffs.

Mayor Jeffs explained the purpose of the public hearing is to provide informationand gather public comments regarding fees for septic permits and relatedservices to be provided by the Township of Wainfleet Private Sewage SystemRegulating Department. This public meeting is held to meet the requirements ofOntario Building Code Act S.O. 1992., c.23 as amended under (Section 7Bylaws, Resolution and Regulation) and Bill 124 (O.Reg. 305-03 Section 2.23.1.2 Change of Fees) in order to inform the public of the proposed FeeSchedule and receive input from the public.

Mayor Jeffs introduced and welcomed Caitlin Wood, who was appointed bybylaw as the Part 8 Senior Sewage Inspector and turned the public meeting overto Mr. Greg Wuisman, Director of Operations and Chief Building Official forPart 8.

Mr. Wuisman noted that on January 2, 2012 the Township resumed providing theservices of enforcing Part 8 of the Building Code. As part of those services, theTownship will be collecting permit and/or review fees in order to recover allassociated costs. The Ontario Building Code Act dictates that Part 8 mustoperate on a 100% cost recovery basis. The proposed fees are as follows:

Page 18: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, January 3rd, 2012 Page 2

Sewage System Applications

New system $975.00 Holding tank $975.00 Replacement tank only $525.00

Land Severance Application & Niagara Escarpment Commissions Application

Each parcel severed $350.00 Parcel retained $350.00 NEC application (per lot) $350.00

Subdivision Condominiums

Each lot or unit $350.00

Minor Variances

Each lot $350.00

NOTE The above fees apply only to those lots servicedby private sewage systems.

Special Requests

For preliminary site inspections related to proposedlot development where no other application has beenmade $350.00

Real Estate Inquiries Which Include Site Inspection Visits

Initial Fee $400.00 + H.S.T. Each additional hour or part thereof over 2 hours $120.00 + H.S.T. Real Estate inquiries which include existing file searches $200.00 + H.S.T.

only

Mr. Wuisman noted that the proposed septic permit fees are identical to the Regionalfees.

Ed Yohanna, 1033 Lakeshore RoadMr. Yohanna requested information regarding the fee required for leaching bed repairsbe incorporated.

Burnell Cusak, 11441 Morgan’s Point RoadMr. Cusak noted that he would like to see some clarification regarding the permitprocess for systems other than Class 4 systems.

Page 19: Wainfleet council Jan. 10, 2012 agenda

Township of WainfleetCouncil Meeting Minutes, January 3rd, 2012 Page 3

In response to a question raised by Alderman Hessels, Mr. Wuisman stated that allviable alternative systems are pre-approved by the Ontario Building Code Commission.

Mr. Wuisman concluded by informing Council and the public that the proposedregulation of private on-site sewage systems bylaw will be presented for adoption at thenext regularly scheduled Council meeting (Tuesday, January 10th, 2012).

This public hearing was adjourned at 7:14 p.m. by Mayor Jeffs.

5. ADJOURNMENT

Resolution No. C-001-2012

Moved by Ted HesselsSeconded by David Wyatt

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

A. Jeffs, MAYOR

T. Lamb, CLERK

Page 20: Wainfleet council Jan. 10, 2012 agenda

ADMINISTRATION STAFF REPORT ASR-001/2012

TO: Mayor Jeffs & Members of Council

FROM: S. Luey, Chief Administrative Officer

DATE OF MEETING: January 10, 2012

SUBJECT: Council Compensation

RECOMMENDATION(S):

THAT this report be received for information.

EXECUTIVE SUMMARY:

A survey of Niagara’s municipalities Council Compensation structures was recentlyconducted; this report summarizes the results of the surveys and is intended to provokediscussion by Council on the appropriate remuneration and benefits extended to Councilmembers.

BACKGROUND:

The Township recently participated in a survey of total compensation for elected officialsin lower tier municipalities in Niagara. The results have been received and included in this reportfor Council’s review (attached as Appendix “A”).

OPTIONS/DISCUSSION:

The Region of Niagara recently conducted a survey of the total compensation offered tomunicipal councillors in each of the lower tier municipalities in Niagara. The results of the surveyare attached to this report. Staff have analyzed the survey results and have reached thefollowing conclusions:

- Wainfleet Council salary is comparable to similar sized municipalities- Various municipal councils, including Wainfleet Council, provide added benefits such as

laptops, internet access, mileage, and conference expenses to their members- Many municipalities, 9 out of 12, permit Council members to participate in the OMERS

pension plan that applies to municipal workers. Wainfleet Council does not provideOMERS for its members but does provide a matching contribution to Council members’RRSPs. Council may wish to direct staff to examine the benefits of OMERS membershipfor Council members and report findings.

- Some municipalities, 6 out of 12, provide health and dental benefits for their mayor ortheir mayor and council members. Wainfleet does not currently extend benefits of thistype to Council members. Council may wish to direct staff to calculate the cost ofproviding these benefits.

Page 21: Wainfleet council Jan. 10, 2012 agenda

ASR-001/2012 2012 01 10Page 2

FINANCIAL CONSIDERATIONS:

Any increase or decrease in the amount of compensation (including benefits) of Councilmembers would lead to a corresponding increase or decrease in the budget.

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Appendix “A” – Council Compensation Survey

Respectfully submitted and approved by,

Scott LueyChief Administrative Officer

Page 22: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “A”Council Compensation Survey

Page 23: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “A” Page 2Council Compensation Survey

Page 24: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “A” Page 3Council Compensation Survey

Page 25: Wainfleet council Jan. 10, 2012 agenda

ADMINISTRATION STAFF REPORT ASR-002/2012

TO: Mayor Jeffs & Members of Council

FROM: R. Madere, Treasurer

DATE OF MEETING: January 10, 2012

SUBJECT: 2010 Financial Indicators

RECOMMENDATION(S):

THAT this report be received for information.

EXECUTIVE SUMMARY:

On an annual basis, the Ministry of Municipal Affairs and Housing staff conduct a reviewof the Financial Information Returns (FIR’s) and financial statements submitted bymunicipalities. Through the use of several key financial indicators, municipal financialperformance is monitored in relation to established Provincial Thresholds.

BACKGROUND:

The annual review for 2010 year end was received at the end of December 2011. Copyof report is attached. The Township results show most areas as low risk level compared toProvincial standard.

The results for the three years reflect the effort of council and staff to increase reservesand discretionary reserve funds. In 2008 the Township showed 27% whereas in 2010 the resultis 39%. This result is favourable but Council should strive to continue its efforts in this area asthe Township is below the median for Southern Ontario lower tier municipalities (the median for2010 is just under 50%).

The report does show moderate risk in two areas – total taxes receivable as apercentage of total taxes levied and total cash and temporary investments as a percentage ofoperating expenses. These two performance measures directly relate to each other. When taxrevenue is not collected the result is decreased cash on hand.

OPTIONS/DISCUSSION:

Staff is working on reducing the taxes receivable outstanding. Staff has startedregistration process on two properties and are closely monitoring all tax accounts that are twoand three years in arrears.

Staff is looking at ways to increase reserves and this will be brought forward during the2012 budget process.

FINANCIAL CONSIDERATIONS:

No financial considerations at this time but will need to address during the 2012 Budgetprocess.

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ASR-002/2012 2012 01 10Page 2

OTHERS CONSULTED:

The report was prepared by Ministry of Municipal Affairs and Housing staff.

ATTACHMENTS:

1. Appendix “A” – 2010 Financial Indicator Review

Respectfully submitted by, Approved by,

Robyn Madere Scott LueyTreasurer Chief Administrative Officer

Page 27: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “A”

2010 Financial Indicator Review

Page 28: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “A” 2012 01 102010 Financial Indicator Review Page 2

Page 29: Wainfleet council Jan. 10, 2012 agenda

ADMINISTRATION STAFF REPORT ASR-003/2012

TO: Mayor Jeffs & Members of Council

FROM: S. Luey, Chief Administrative Officer

DATE OF MEETING: January 10, 2012

SUBJECT: 2011 Slogan Contest

RECOMMENDATION(S):

THAT this report be received for information;

THAT Council select and adopt Wainfleet – Find Your Country Side as the official sloganfor the Township of Wainfleet;

AND THAT the entrant be so notified and recognized at a future council meeting wherehe/she will be presented with a certificate showing Council’s gratitude.

EXECUTIVE SUMMARY:

Staff are recommending that Council select Wainfleet – Find Your Country Side beapproved as the slogan for the Township as per the results of the on-line vote.

BACKGROUND:

A contest was held during the Wainfleet Fall Fair in an effort to establish a Townshipslogan. Of the entries received, five were recommended and brought forward to Council by wayof ASR-019/2011, on October 11, 2011.

Staff were directed to advertise the slogan selections on the Township’s website inorder for the public to be able to vote on the entries.

OPTIONS/DISCUSSION:

The slogans have been posted on the Township website for approximately two months.During this time frame, Wainfleet – Find Your Country Side has received the most votes fromthe public.

FINANCIAL CONSIDERATIONS:

None.

OTHERS CONSULTED:

None.

Page 30: Wainfleet council Jan. 10, 2012 agenda

ASR-003/2012 2012 01 10Page 2

ATTACHMENTS:

None.

Respectfully submitted and approved by,

Scott LueyChief Administrative Officer

Page 31: Wainfleet council Jan. 10, 2012 agenda

BUILDING STAFF REPORT BSR-001/2012

TO: Mayor Jeffs & Members of Council

FROM: J. Boerema, Chief Building Official

DATE OF MEETING: January 10, 2012

SUBJECT: Building Permit Report – December 2011

RECOMMENDATION(S):

THAT this report be received for information.

EXECUTIVE SUMMARY:

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

BACKGROUND:

None.

OPTIONS/DISCUSSION:

None.

FINANCIAL CONSIDERATIONS:

None.

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Appendix “A” – Summary Chart of the Building Permit Report – December 2012

Respectfully submitted by, Approved by,

John Boerema Scott LueyChief Building Official Chief Administrative Officer

Page 32: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “A”

Page 33: Wainfleet council Jan. 10, 2012 agenda

PUBLIC WORKS STAFF REPORT PWSR-001/2012

TO: Mayor Jeffs & Members of Council

FROM: G. Wuisman, Director of Operations

DATE OF MEETING: January 10, 2012

SUBJECT: Regulation of Private On-Site Sewage Systems

RECOMMENDATION(S):

THAT this report be received;

AND THAT Council approve and adopt the attached bylaw (Schedule “A”) Regulation ofPrivate On-Site Sewage Systems.

EXECUTIVE SUMMARY:

Staff is recommending that Council approve the attached bylaw, a bylaw that approvesthe establishment of:

A) Application requirementsB) Fee Schedule for permits and reviewsC) Code of Conduct for Building Officials

BACKGROUND:

As Council is aware, on January 2, 2012 the Township resumed providing the servicesof enforcing Part 8 of the Building Code. As part of those services, the Township will becollecting permit and/or review fees in order to recover all associated costs. The subject bylawapproves the establishment of:

A) Application requirementsB) Fee Schedule for permits and reviewsC) Code of Conduct for Building Officials

Pursuant to the Building Code Act, a public meeting was held on January 3, 2012 inorder to inform the Public of the proposed Fee Schedule and receive input from the public.

OPTIONS/DISCUSSION:

The need to establish application requirements, a fee schedule, and a Code of Conduct,are all dictated under the Building Code Act as necessary requirements. This bylawincorporates all three requirements.

No negative comments were received during the Public Meeting process however,clarification was sought regarding the permit process for systems other than Class 4 systems.

Page 34: Wainfleet council Jan. 10, 2012 agenda

PWSR-001/2012 2012 01 10Page 2

Staff has since reviewed this issue and determined that other classes of systems wouldbe subject to the same fee schedule.

At the Public Meeting, a delegate requested information regarding the fee required forleaching bed repairs. The Special Request fee will be applicable for minor repairs, however,major construction will be subject to the fee for New Systems.

The Township of Wainfleet Manager of Planning, Grant Munday, recommended thatplanning applications be included on the fee schedule. Staff implemented the appropriatechanges to the Bylaw to accommodate this request.

FINANCIAL CONSIDERATIONS:

All expenses associated with enforcement of the building code are fully recoverablethrough permit and review fees; consequently, no long-term impact is anticipated to the annualTownship budget.

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Schedule “A” – Draft bylaw Regulation of Private On-Site Sewage Systems

Respectfully submitted by, Approved by,

Greg Wuisman Scott LueyDirector of Operations Chief Administrative Officer

Page 35: Wainfleet council Jan. 10, 2012 agenda

SCHEDULE “A”

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. XXX-2012

Being a bylaw for the Regulation of Private On-SiteSewage Systems in the Township of Wainfleet

WHEREAS subsection 3(1) of the Building Code Act, 1992, R.S.O. 1992, c.23, asamended (the ”Act”) provides that the council of each municipality is responsible for theenforcement of the Act in the municipality;

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

1. THAT in this bylaw:

(a) “Building” means a building as defined in the Act;

(b) “Building Code” means the regulations made under section 34 of the Act, asamended from time to time;

(c) “Chief Building Official” means a chief building official as defined in the Act, andas appointed by bylaw of the Municipality for the purposes of the enforcement ofthe Act;

(d) “Groundwater” means groundwater as defined in the Building Code;

(e) “Inspector” means an inspector as defined in the Act;

(f) “Leaching Bed” means leaching bed as defined in the Building Coder; and

(g) “Sewage Systems” means sewage systems as defined in the Building Code.

2. Wainfleet’s Operations Department is hereby designated (as prescribed by the Act and itsregulations) as the department responsible for the administration and enforcement of Part 8of the Ontario Building Code within the Municipality.

3. The Director of Operations is hereby appointed as the Chief Building Official for thepurposes of administrating and enforcing Part 8 of the Ontario Building Code within theMunicipality.

4. In addition to any information required under the Act, the Ontario Building Code, or thisbylaw, an Applicant for a permit shall submit sufficient information with each application toenable the Chief Building Official to determine whether or not the undertaking complies tothe design, construction, operation, and maintenance requirements and standards for theclass of Sewage System so as to conform with the Act, the Ontario Building Code, and anyother applicable law.

5. Every application for a Sewage System permit under the Act shall be submitted to the ChiefBuilding Official, and include the following:

Page 36: Wainfleet council Jan. 10, 2012 agenda

BYLAW NO. 001-2012 Page 2

(a) the name(s), address(es), and telephone number(s) of the owner, and whereapplicable, the architect, engineer, or other designer or constructor;

(b) a complete description of where the work is to be done, identifying the buildinglot;

(c) a comprehensive description of, and complete plans and specification, asdescribed in this bylaw, for the work to be covered by the permit and theoccupancy of all parts of the building;

(d) a written acknowledgement by the owner that he/she has retained an architect orprofessional engineer to carry out the field review of the construction whererequired by the Building Code;

(e) where the application relates to a lot less than one (1) hectare in area, and wherethat lot forms part of more than five continuously connecting lots (whether or notthe lots are deemed as individual lots), the results of a hydrogeological analysisconducted in accordance with the Ministry of the Environment Procedure, D-5-4“Technical Guideline for On-Site Sewage Systems – Water Quality Risk ImpactAssessment” (“Procedure D-5-4”), as may be amended or replaced from time totime;

(f) where the Chief Building Official, in his/her sole discretion, believes thatdevelopment of the lot with a private Sewage System may impair the quality ofthe area Groundwater, the results of a hydrogeological analysis conducted inaccordance with Procedure D-5-4;

(g) where required by the Chief Building Official, for review and approval, a detailedengineering and drainage report that describes the storm water managementtechniques to be employed to ensure that surface water does not negativelyimpact on the operation of the private Sewage System;

(h) where required by the Chief Building Official, for review and approval, anindividual lot grading plan that provides a building envelope, a Sewage Systemenvelope (including a spare area), and a backyard amenities envelope;

(i) a site evaluation report including the following items, unless otherwise specifiedby the Chief Building Official:

i. the date the evaluation was done;

ii. the name, address, telephone number and signature of the person whoprepared the evaluation;

iii. a scaled map of the site showing:

1) the legal description, lot size, property dimensions, existing rights-of-way, easements or municipal/utility corridors;

Page 37: Wainfleet council Jan. 10, 2012 agenda

BYLAW NO. 001-2012 Page 3

2) the clearance, distances listed in Table 8.2.1.5., Table 8.2.1.6.A.,Table 8.2.1.6.B., and Table 8.2.1.6.C. of Division B – Part 8 of theBuilding Code;

3) the location of the proposed Sewage System;

4) the location of any unsuitable, disturbed or compacted areas; and

5) proposed access routes for Sewage System maintenance;

iv. the depth to bedrock;

v. the depth to zones of soil saturation;

vi. the soil properties, including soil permeability; and

vii. the soil conditions, including the potential for flooding

j. a statement of the valuation of the proposed work, including materials andlabour;

k. the name, address, telephone number, and licence number of the personinstalling the Sewage System;

l. where the person named in (k) above requires a licence under the Act and/or theBuilding Code;

i. the number and date of issuance of the licence; and

ii. the name of the qualified person supervising the work to be done underthe Sewage System permit.

m. the prescribed fee as set out in Appendix “B” attached hereto;

n. the signature of the owner or his or her authorized agent who shall certify thetruth of the contents of the application; and

o. If the Applicant is not the owner, a signed statement by the Owner authorizingthe Applicant to make the application on the Owner’s behalf.

6 Where soils in the Leaching Bed area have been compacted, their ability to function hasbeen compromised, or they are otherwise not satisfactory to the Chief Building Official, theChief Building Official, at his/her sole discretion, may require their removal and replacementwith suitable material.

7 Each application shall, unless otherwise specified by the Chief Building Official, besubmitted in duplicate and be accompanied by two (2) complete sets of any documentationrequired under this bylaw.

8 Plans shall be drawn to scale on paper, cloth or other durable material, shall be legible,

Page 38: Wainfleet council Jan. 10, 2012 agenda

BYLAW NO. 001-2012 Page 4

and, without limiting the generality of the foregoing, unless otherwise specified by the ChiefBuilding Official, shall include such working drawings as set out in Appendix ”A” to this bylawand any other such plans or drawings that may be specified by the Chief Building Official.

9 Fees for a required Sewage System permit shall be as set out in Appendix “B” to thisbylaw.

10 The Applicant shall submit the prescribed fee as set out in Appendix “B” upon submissionof an application for a permit.

11 The forms prescribed for use as applications for sewage permits, orders, and inspectionreports shall be determined by the Chief Building Official, and may be amended from time totime provided that the forms conform to the requirements as set forth in the Act and itsregulations, including the Building Code.

12 Pursuant to 7.1 of the Building Code Act, a Code of Conduct for the Chief Building Officialand Inspectors is attached to this bylaw as Appendix “C”.

13 This bylaw comes into force on the date on which it is passed.

BYLAW READ A FIRST TIME THIS XX DAY OF , 20XX.

BYLAW READ A SECOND TIME THIS XX DAY OF , 20XX.

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

A. Jeffs, MAYOR

T. Lamb, CLERK

Page 39: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “A” TO BYLAW NO. 001-2012

PLANS TO BE SUMBITTED WITH APPLICATION FOR A SEWAGE SYSTEM

CERTIFICATE OF APPROVAL AND A USE PERMIT

PUBLIC WORKS DEPARTMENT

ATTACH A LOT DIAGRAM AND SEWAGE SYSTEM PLAN: Draw to scale indicating Northpoint and showing at a minimum:

(a) location of Sewage System components (e.g., tanks, Leaching Bed). Locate and showhorizontal distances from system to adjacent existing or proposed buildings, watersupplies (including neighbours)., existing on-site sewage systems, driveways, propertylines, lakes, rivers, water courses, swimming pools;

(b) lot dimensions, topographic features (e.g., swamps, steep slopes) near Sewage System;

(c) if any part of proposal conforms to a specific standard drawing, give referencenumber(s); and

(d) when required by the Chief Building Official, an individual lot grading plan that provides abuilding envelope, a Sewage System envelope (including a spare area), and a backyardamenities envelope.

Page 40: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “B” TO BYLAW NO. 001-2012

FEE SCHEDULE

PUBLIC WORKS DEPARTMENT

Sewage System Applications

New system $975.00 Holding tank $975.00 Replacement tank only $525.00

Land Severance Application & Niagara Escarpment Commissions Application

Each parcel severed $350.00 Parcel retained $350.00 NEC application (per lot) $350.00

Subdivision Condominiums

Each lot or unit $350.00

Minor Variances/Planning Applications

Each lot $350.00

NOTE The above fees apply only to those lots servicedby private sewage systems.

Special Requests

For preliminary site inspections related to proposedlot development where no other application has beenmade $350.00

Real Estate Inquiries Which Include Site Inspection Visits

Initial Fee $400.00 + H.S.T. Each additional hour or part thereof over 2 hours $120.00 + H.S.T. Real Estate inquiries which include existing file searches $200.00 + H.S.T.

only

Page 41: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “C” TO BYLAW NO. 001-2012

CODE OF CONDUCT FOR BUILDING OFFICIALS

1.0 Introduction

The Township of Wainfleet maintains this code of conduct in accordance with the provisionsof The Building Code Act. Building Officials undertake building certification functions thatensure the quality, structural integrity and safety of buildings. Building Officials are exposedto potential conflicts of interest because of the special powers conferred on them. Theconduct and the behaviour of Township of Wainfleet’s Building Official reflects WainfleetBuilding and Bylaw Enforcement Department’s commitment to the highest standards ofprofessionalism, technical competence, skill, honesty, fairness and independence. BuildingOfficials observe both the letter and the spirit of this Code of Conduct as it pertains tosituations that bear on their responsibilities.

2.0 Purpose

The purposes of this Code of Conduct are:

To promote appropriate standards of behaviour by Building Officials in the exerciseof their powers and performance of their duties;

To prevent practices which may constitute an abuse of power, and

To promote appropriate standards of honesty and integrity.

3.0 Standards of Conduct and Professionalism

1) Act in the public interest, particularly with regard to the safety of building works andstructures;

2) Maintain their knowledge and understanding of the best current building practice, thebuilding laws and regulations relevant to their building certifying functions;

3) Commit themselves to a process of continuous education so as to constantly be awareof developments in building design, practice and the law relevant to their duties;

4) Comply with the provisions of the Building Code Act, the Building Code and other Act orLaw that regulates or governs Building Officials or their functions;

5) Avoid situations where there may be, or where there may reasonably appear to be, aconflict between their duties to their clients, their profession, their peers and the public atlarge and their personal interests;

6) Not act beyond their level of competence or outside their area of expertise;

7) Apply all relevant building laws, regulations and standards strictly and without favour andindependent of the influence of interested parties;

8) Perform their inspections and certifying duties impartially and in accordance with thehighest professional standards;

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APPENDIX “C” TO BYLAW NO. 001-2012 Page 2

9) Not divulge any confidential or sensitive information or material, that they became privyto in the performance of their duties, except in accordance with laws governing freedomof information and protection of privacy;

10) To avoid any conduct that could bring Building Officials or the Township of Wainfleet intodisrepute;

11) Extend professional courtesy to all;

12) Accept responsibility for the conduct of their subordinate employees;

13) Maintain current accreditation to perform the functions assigned to them; and

14) Take all reasonable steps to ascertain and document all available facts relevant to theperformance of their duties.

15) Exemplify compliance with all regulations and standards that govern buildingconstruction, health and safety or other matters related to their status as a buildingofficial.

4.0 Guideline for responding to misconduct allegations

The Building Code Act provides that the performance of Building Officials will be measuredagainst this Code of Conduct. In response to any allegation of a breach of this code, theChief Building Official shall direct an investigation and where appropriate, recommenddisciplinary action against any Building Official who fails to comply with this Code ofConduct. Where the allegation is against the Chief Building Official, the Chief AdministrativeOfficer will direct the investigation and make such recommendations as are reasonable.

In determining the appropriate discipline, the Chief Building Official or Chief AdministrativeOfficer will have regard to the relevance of the conduct to the official’s powers andresponsibilities as well as the severity of any misconduct.

Disciplinary Action arising from violations of this Code of Conduct is the responsibility of TheTownship of Wainfleet’s administration and is subject to relevant employment laws andstandards.

Page 43: Wainfleet council Jan. 10, 2012 agenda

PUBLIC WORKS STAFF REPORT PWSR-002/2012

TO: Mayor Jeffs & Members of Council

FROM: G. Wuisman, Director of Operations

DATE OF MEETING: January 10, 2012

SUBJECT: Recreation Facilities Rates – 2012

RECOMMENDATIONS:

THAT this report be received;

THAT the recreation facilities rental rates for 2012 be approved;

AND THAT Council approve the attached Recreation Facilities Rates Bylaw effectiveJanuary 1, 2012.

EXECUTIVE SUMMARY:

Staff is recommending that Council approve the attached Recreation Facilities RatesBylaw effective January 1, 2012.

BACKGROUND:

Each year staff review the Township’s rental rates for use of the recreation facilities andrecommend revisions if deemed appropriate. The recreation facilities rental rates in questionare those under the Township’s jurisdiction and include the rates for the Arena, BaseballDiamonds, Soccer Fields and event rental facilities (buildings).

Attached is a breakdown of pre-tax rental rates charged for seasons dating back to2009-2010 (Schedule “B” to draft bylaw) accompanied by staff’s recommended rates for 2012.

Also attached is a draft bylaw (Appendix “A”) with the recommended recreation facilityrates for 2012 for Council’s approval. As indicated in the draft bylaw, these rates are to beeffective January 1, 2012. Rates proposed in this bylaw will be subject to the Harmonized SalesTax (HST) of 13%.

OPTIONS / DISCUSSION:

It is staff’s opinion that the demand for Recreational services is somewhat elastic andtherefore significantly increased rates will result in reduced sales volume. Elastic demandcoupled with the current economic climate has made staff recommend very modest increaseson only some selected services.

FINANCIAL CONSIDERATION(S):

The proposed modest rate increases are not anticipated to have any significant impacton the sales or expenses related to the recreational facilities.

Page 44: Wainfleet council Jan. 10, 2012 agenda

PWSR-002/2012 2012 01 10Page 2

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Appendix “A” to Draft Bylaw Recreation Facility Rental Rates 2012 – RecreationFacility Rates 2009/10 - 2012

2. Appendix “B” – Draft Recreation Facility Rental Rates 2012

Respectfully submitted by, Approved by,

Greg Wuisman Scott LueyDirector of Operations Chief Administrative Officer

Page 45: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “A”

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. XXX-2012

Being a bylaw to set rental rates for use ofRecreation Facilities.

WHEREAS the Council of the Corporation deems it necessary to set rental fees for theuse of Recreation Facilities and charging fees,

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

1. THAT the rental fees for Recreation Facilities as set out in Schedule “A” and Schedule“B”, attached to and forming part of this Bylaw are hereby approved;

2. THAT the rental rates and fees set out in Schedule “A” and Schedule “B” to this Bylawshall take effectJanuary 10, 2012;

3. THAT Bylaws No. 034-2009 and 041-2009 are hereby repealed;

4. THAT this Bylaw shall come into force and take effect on January 10, 2012.

BYLAW READ A FIRST TIME THIS XX DAY OF ______________, 20XX.

BYLAW READ A SECOND TIME THIS XX DAY OF ____________, 20XX.

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

A. Jeffs, MAYOR

T. Lamb, CLERK

Page 46: Wainfleet council Jan. 10, 2012 agenda

SCHEDULE “A” TO BYLAW NO. XXX-2012

Recreation Facilities Rates 2012

2012

FIREFIGHTERS MEMORIALCOMMUNITY HALL $252.21

For Funeral Luncheons, Wainfleet Church Groups,Wainfleet Minor Sports Functions& Wainfleet School Groups $123.89

BALL DIAMONDS

Minor Ball Diamonds 1 and 2:

Per player surcharge per year $8.85Adult rate per game (per diamond) $34.07

Tournament Rates:

Evenings: 6:00 p.m. – 11:00 p.m. (per diamond) $77.88Saturdays & Sundays: per day (per diamond) $214.16

SOCCER FIELDS

Per player surcharge per year $8.85

PUBLIC SKATING $3.10

ARENA RATE PER EVENT

First or One-Day Event Only $668.14Second Additional Day (see note below) $659.29Third and Subsequent Days (see note below) $557.52Use of Canteen Facility in Arena during rental per day $88.50Moore Room (with kitchen facility) per event $48.67Moore Room (without kitchen facility) per event $26.55

Note: For multi-day events, the renters will be subjected to a water and hydro usagesurcharge based on metered water and hydro consumption. Usage will becharged on recovery basis.

Page 47: Wainfleet council Jan. 10, 2012 agenda

SCHEDULE “A” TO BYLAW NO. XXX-2012 Page 2

2012

ARENA

Prime per hour $141.59Prime per 1½ hours $194.69Non-Prime per hour $119.47Student rates per hour $53.10Minor Hockey & Figure Skating rate per hour $87.61Spring School $92.92Elementary Schools rate $22.12Secondary Schools & Church Youth Groups $48.67Rental rates prior to 8:00 a.m. (weekdays):

Non-Wainfleet Minor Hockey orFigure Skating rate per hour $132.74

ADVERTISING SIGNS IN ARENA – As Amended by Bylaw No. 051-20104 X 4 per year $123.894 X 8 per year $203.54Board space per 3 years $1523.81

PARK PAVILION

With Hydro and Washrooms $88.50

* ALL RATES SUBJECT TO APPLICABLE TAXES.

Price changes effective January 10, 2012

Page 48: Wainfleet council Jan. 10, 2012 agenda

SCHEDULE “B” TO BYLAW NO. XXX-2012

Recreation Facilities Rates 2009/10 – 2012

Proposed2009-2010 2010-1011 2012

FIREFIGHTERS MEMORIALCOMMUNITY HALL $238.10 $243.36 $252.21

For Funeral Luncheons, WainfleetChurch Groups, Wainfleet Minor SportsFunctions & Wainfleet School Groups $119.05 $119.47 $123.89

BALL DIAMONDS

Minor Ball Diamonds 1 and 2:

Per player surcharge per year $8.57 $8.85 $8.85Adult rate per game (per diamond) $33.33 $34.07 $34.07Additional Diamonds $28.57 N/A N/A

Tournament Rates:

Evenings: 6:00 p.m. – 11:00 p.m. (per diamond) $76.19 $77.88 $77.88Saturdays & Sundays: per day (per diamond) $209.52 $214.16 $214.16

SOCCER FIELDS

Per player surcharge per year $8.57 $8.85 $8.85

PUBLIC SKATING $2.86 $3.10 $3.10

ARENA RATE PER EVENT

First or One-Day Event Only $642.86 $659.29 $668.14Second Additional Day (see note below) $642.86 $659.29 $659.29Third and Subsequent Days (see note below) $542.86 $557.52 $557.52Use of Canteen Facility in Arena during rental per day $85.71 $88.50 $88.50Moore Room (with kitchen facility) per event $47.62 $48.67 $48.67Moore Room (without kitchen facility) per event $23.81 $26.55 $26.55Moore Room (without kitchen facility) per hour $14.29 N/A N/A

Note: For multi-day events, the renters will be subjected to a water and hydro usage surcharge based on metered water andhydro consumption. Usage will be charged on recovery basis.

Page 49: Wainfleet council Jan. 10, 2012 agenda

SCHEDULE “B” TO BYLAW NO. XXX-2012Recreation Facilities Rates 2009/10 – 2012 Page 2

Proposed2009-2010 2010-2011 2012

ARENA

Prime per hour $133.33 $137.17 $141.59Prime per 1½ hours $200.00 $203.54 $203.54Non-Prime per hour $114.29 $119.47 $119.47Student rates per hour $52.38 $53.10 $53.10Minor Hockey & Figure Skating rate per hour $80.95 $84.07 $87.61Spring School $90.48 $92.92 $92.92Elementary Schools rate $19.05 $19.47 $22.12Secondary Schools & Church Youth Groups $47.62 $48.67 $48.67Rental rates prior to 8:00 a.m. (weekdays):

Non-Wainfleet Minor Hockey orFigure Skating rate per hour $128.57 $132.74 $132.74

ADVERTISING SIGNS IN ARENA

4 X 4 per year N/A $119.05 $123.894 X 8 per year N/A $200.00 $203.54Board space per 3 years N/A $1523.81 $1523.81

PARK PAVILLION

With Hydro and Washrooms $85.71 $88.50 $88.50

* ALL RATES SUBJECT TO APPLICABLE TAXES

Price changes effective January 10, 2012

Page 50: Wainfleet council Jan. 10, 2012 agenda

PUBLIC WORKS STAFF REPORT PWSR-003/2012

TO: Mayor Jeffs & Members of Council

FROM: G. Wuisman, Director of Operations

DATE OF MEETING: January 10, 2012

SUBJECT: Roof Replacement on East Public Works Garage Building

.RECOMMENDATION(S):

THAT this report be received;

THAT Council approve the completion of this project by Township staff.

AND THAT the Director of Operations be and is hereby authorized and delegated as theauthority to bind the Corporation in issuance of the building permit and any otherassociated documentation related to the construction project

EXECUTIVE SUMMARY:

Staff is recommending that Council approve the completion of this project by Townshipstaff at an approximate cost of $40,000 ($45,000 less $5,000 engineering work alreadycompleted) plus labour.

The labour component of this project is estimated to be approximately $20,000 however,these monies have already been allocated in the annual budget and therefore do not representadditional costs to the Township.

BACKGROUND:

Last summer (July 19, 2011, Staff Report PWR-012/2011), Council approved thereplacement of the East Public Works Garage Building roof structure. The replacement isrequired because the roof, believed to be in excess of eighty years of age, has started showingsigns of structural distress and is beginning to fail.

At the time Council approved this project, staff had estimated that if the project wascarried out in-house by Township staff, the costs would be approximately $45,000 plus labour.

The breakdown of the $45,000 was estimated to be as follows:

1. Sheeting, metal roofing, & misc. materials $33,0002. Trusses $ 6,0003. Engineering $ 6,000

Most of the engineering work for this project was carried out last fall.

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PWSR-003/2012 2012 01 10Page 2

It was decided that the remainder of the project would be tendered so that comparativecosts could be established to determine if completing the work in-house with Township staff wasthe most economical method of proceeding.

In accordance with our Purchasing and Procurement policy, staff tendered the project.The tender was posted on the Township website and selected contractors were informed bytelephone.

Two (2) bids were received as follows:

OPTIONS/DISCUSSION:

Staff estimates that if the remainder of the project is carried out in-house by Townshipstaff, the costs will be approximately $40,000 ($45,000 less $5,000 engineering work alreadycompleted), exclusive of taxes, plus labour.

Although using Township labour is estimated to be approximately $20,000 for thisproject, these monies have already been allocated in the annual budget and therefore do notrepresent additional costs to the Township.

The total costs for this project are estimated to be:

Materials & Engineering $45,000Township Labour $20,000Total $65,000

Given that $65,000 is below the lowest bid received and that Township labour costshave already been allocated in the annual budget and do not represent additional costs, it isstaff’s recommendation that Council approve the completion of this project by Township staff.

FINANCIAL CONSIDERATIONS:

Staff estimates that if the project is carried out in-house by Township staff, the costs willbe approximately $40,000 ($45,000 less $5,000 engineering work), exclusive of taxes, pluslabour. The labour component of this project is estimated to be approximately $20,000

Contractor Bid amount on monthly basis

Exclusive of TaxesBMP Construction & Landscaping83570 Old River Road W.R.R. #3Wellandport ON L0R 2J0

$72,200.00

Stolk Construction Limited11 Petersburg CirclePort Colborne ON L3K 5V5

$86,554.00

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PWSR-003/2012 2012 01 10Page 3

however, these monies have already been allocated in the annual budget and therefore do notrepresent additional costs to the Township.

As previously approved by Council, funds for this non-budgeted project would be drawnfrom the Township General Reserve.

The total costs for this project are estimated to be:

Materials & Engineering $45,000Township Labour $20,000Total $65,000

OTHERS CONSULTED:

None.

ATTACHMENTS:

None.

Respectfully submitted by, Approved by,

Greg Wuisman Scott LueyDirector of Operations Chief Administrative Officer

Page 53: Wainfleet council Jan. 10, 2012 agenda

PUBLIC WORKS STAFF REPORT PWSR-004/2012

TO: Mayor Jeffs & Members of Council

FROM: G. Wuisman, Director of Operations

DATE OF MEETING: January 10, 2012

SUBJECT: Tuition Reimbursement

RECOMMENDATION(S):

THAT this report be received;

THAT Council approve the creation of a succession plan for an identified employee;

AND THAT Council approve the reimbursement for course tuition and associatedexpenses related to that succession plan.

EXECUTIVE SUMMARY:

Permission is being sought from Council to establish a succession plan for an identifiedemployee and subsequently reimburse that employee for course tuitions and associatedexpenses being part of that plan.

BACKGROUND:

The Township’s current Tuition Reimbursement Policy only permits reimbursement ofexpenses for courses and associated costs if:

1. the course relates directly to an employee’s current job, or2. the course is part of a Council approved succession plan

The Director of Operations has identified a staff member in the newly created PrivateSewage System Regulating Department (currently serving as Administrative Assistant) ashaving the potential to become a Private Sewage System Inspector in the future.

As the courses required to become a Private Sewage System Inspector are thosebeyond the employee’s current job, criteria #1 above is not satisfied consequently permission isbeing sought from Council to establish a succession plan (criteria #2 above) thereby permittingthe employee to be reimbursed for tuition and associated expenses.

OPTIONS/DISCUSSION:

The current Tuition Reimbursement Policy does acknowledge succession planning. Inthis case, the training of an existing employee will potentially assist the Township in having acandidate for the Junior Inspector position scheduled to be required the spring of 2012.

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PWSR-004/2012 2012 01 10Page 2

Council should be cognizant that the employee seeking tuition reimbursement is part ofthe Township’s Collective Bargaining Unit and consequently, if approved, will be receivingbenefit beyond what was agreed upon in the collective agreement.

FINANCIAL CONSIDERATIONS:

It is anticipated that this particular request will result in tuition fees of less than$1,000.00.

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Appendix “A” – Tuition Reimbursement Policy

Respectfully submitted by, Approved by,

Greg Wuisman Scott LueyDirector of Operations Chief Administrative Officer

Page 55: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “A”

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APPENDIX “A” Page 2Tuition Reimbursement Policy

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APPENDIX “A” Page 3Tuition Reimbursement Policy

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APPENDIX “A” Page 4Tuition Reimbursement Policy

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APPENDIX “A” Page 5Tuition Reimbursement Policy

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APPENDIX “A” Page 6Tuition Reimbursement Policy

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APPENDIX “A” Page 7Tuition Reimbursement Policy

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CORRESPONDENCE REFERRED TO COUNCIL 2012 01 10

001. From Big Brothers Big Sisters of South Niagara thanking Mayor Jeffs for meeting anddiscussing the agency’s needs within Wainfleet as well as the upcoming 2012 TimHorton’s Bowling for Kids’ Sake. REC. – receive for information.

002. From Niagara Region Integrated Community Planning requesting comments regardingan application to amend the Regional Policy Plan (RPPA 4-2011) which proposes anincrease in the permitted regional-serving retail uses including an open air outletcentre, developed over two phases. A copy of this piece of correspondence has beencirculated to Manager of Planning (via hard copy). REC. – refer to the Manager ofPlanning to comment if required.

003. From Mike and Grace Perrotto expressing concerns regarding speeding on Pettit Rd.A copy of this piece of correspondence has been circulated to Council and the Directorof Operations. REC. – refer to Director of Operations.

004. From IPC Energy requesting the opening of Side Road 22 for the Wainfleet WindEnergy project and that the Township enter into an agreement for the purposes ofgaining access to the proposed wind farm facility and placement of some projectinfrastructure. A copy of this piece of correspondence has been circulated to Counciland the Director of Operations. REC. – refer to Director of Operations to compose astaff report for the January 24, 2012 Council Meeting.

005. From the Regional Clerk enclosing Report ICP 97-2011 respecting Review and Updateof the Smarter Niagara Incentive Programs. REC. – receive for information.

006. From the Regional Clerk enclosing Report CIP 96-2011 respecting Smart GrowthPrinciples and the Relationship to School Accommodation Reviews. REC. – receivefor information.

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

008. From the City of Welland enclosing a motion supporting the resolution passed by theTown of Pelham regarding potential construction of windmills in the area of theNiagara Central Airport. REC. – receive for information.

009. From the City of Port Colborne enclosing a resolution urging the Region of Niagara toreconsider the Combined Sewer Overflow Funding Policy to include remediation of allsources of extraneous flows with the designated areas of study, on a case by casebasis. REC. – receive for information.

010. From Mr. Agnes Wellenreiter expressing concerns regarding the new flood plain limits.A copy of this piece of correspondence has been circulated to Council and theManager of Planning. REC. – refer to Council.

011. From the Township of Carling requesting support of a resolution passed by its Councilregarding MPP Norm Miller’s Private Members Bill to pave highway shoulders. A copyof this piece of correspondence has been circulated to Council. REC. – supportresolution.

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012. From the City of Port Colborne enclosing notice of its Council’s decision regarding thePetition of Brown’s Tap & Skelton Municipal Drains. The City of Port Colborne hasconsidered the petition and decided to proceed with the drainage works. A copy of thispiece of correspondence has been circulated to Council and the DrainageSuperintendent. REC. – refer to Drainage Superintendent.

013. From the City of Port Colborne enclosing a resolution passed by its Council which callsupon the Government of Ontario to include Niagara in the new South Western OntarioDevelopment Fund and expedite the roll-out of this new program. A copy of this pieceof correspondence has been circulated to Council and the Treasurer. REC. – supportresolution.

014. From the Regional Clerk enclosing Report COM 44-2011 respecting Niagara ProsperityInitiative Update and that report Building a New Legacy: Increasing Prosperity forNiagara Residents by Improving the Quality of Neighbourhood Life be endorsed as theframework to guide the twelve municipalities with their policy and planning activities. Acopy of this piece of correspondence has been circulated to the Manager of Planning.REC. – receive for information.

015. From Mr. Andrew Watts expressing concerns with Council’s decisions. A copy of thispiece of correspondence has been circulated to Council. REC. – receive forinformation.

016. From Mr. Andrew Watts enclosing his resignation from the Committee of Adjustment.A copy of this piece of correspondence has been circulated to Council and theManager of Planning. REC. – refer to the Manager of Planning.

017. From the Town of Fort Erie enclosing a resolution requesting that the Council for theRegional Municipality of Niagara immediately consider an allocation of $100,000 to theFort Erie War of 1812 Bicentennial Planning Committee to assist with the staging of theGrade Parade, the theatre productions, the Great Debate and other planned activities.A copy of this piece of correspondence has been circulated to Council. REC. – receivefor information.

018. From the Town of Pelham endorsing Niagara-on-the-Lake’s resolution regarding theimpact of hydraulic fracturing and treating of wastewater within the Great Lakes basin.REC. – receive for information.

019. From Nottawasaga Police Services Board requesting endorsement of a resolution thatwas passed, which requests the Premier of Ontario to reinstitute the photo radarprogram for the provincially regulated Police Services Boards to manage and use attheir discretion. A copy of this piece of correspondence has been circulated to Council.REC. – support resolution.

020. From the Municipality of Clarington requesting endorsement of a resolution passed byits Council which requests that if any municipality in Ontario receives special fundingfrom the Province to cover a budget deficit, that all local municipalities receive thesame per capita funding from the Province. A copy of this piece of correspondencehas been circulated to Council and the Treasurer. REC. – support resolution.

021. From Enbridge Pipelines Inc. enclosing a copy of the 2011 Corporate SocialResponsibility Summary Report. REC. – receive for information.

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022. From the Niagara South Plowmen’s Association requesting financial support of the2012 Plowing Match. Financial statements for the year December 1, 2010 – November30, 2011 are enclosed. A copy of this piece of correspondence has been circulated toCouncil and the Treasurer. REC. – refer to 2012 Budget.

023. From the Ontario Trucking Association enclosing a copy of Local Truck Routes: AGuide for Municipal Officials. A copy of this piece of correspondence has beencirculated to the Director of Operations. REC. – receive for information.

Unregistered

Niagara Regional Police Services Board Report, Volume 7, Issue 10

Page 65: Wainfleet council Jan. 10, 2012 agenda

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. 001-2012

Being a bylaw for the Regulation of Private On-SiteSewage Systems in the Township of Wainfleet

WHEREAS subsection 3(1) of the Building Code Act, 1992, R.S.O. 1992, c.23, asamended (the ”Act”) provides that the council of each municipality is responsible for theenforcement of the Act in the municipality;

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

1. THAT in this bylaw:

(a) “Building” means a building as defined in the Act;

(b) “Building Code” means the regulations made under section 34 of the Act, asamended from time to time;

(c) “Chief Building Official” means a chief building official as defined in the Act, andas appointed by bylaw of the Municipality for the purposes of the enforcement ofthe Act;

(d) “Groundwater” means groundwater as defined in the Building Code;

(e) “Inspector” means an inspector as defined in the Act;

(f) “Leaching Bed” means leaching bed as defined in the Building Coder; and

(g) “Sewage Systems” means sewage systems as defined in the Building Code.

2. Wainfleet’s Operations Department is hereby designated (as prescribed by the Act and itsregulations) as the department responsible for the administration and enforcement of Part 8of the Ontario Building Code within the Municipality.

3. The Director of Operations is hereby appointed as the Chief Building Official for thepurposes of administrating and enforcing Part 8 of the Ontario Building Code within theMunicipality.

4. In addition to any information required under the Act, the Ontario Building Code, or thisbylaw, an Applicant for a permit shall submit sufficient information with each application toenable the Chief Building Official to determine whether or not the undertaking complies tothe design, construction, operation, and maintenance requirements and standards for theclass of Sewage System so as to conform with the Act, the Ontario Building Code, and anyother applicable law.

5. Every application for a Sewage System permit under the Act shall be submitted to the ChiefBuilding Official, and include the following:

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BYLAW NO. 001-2012 Page 2

(a) the name(s), address(es), and telephone number(s) of the owner, and whereapplicable, the architect, engineer, or other designer or constructor;

(b) a complete description of where the work is to be done, identifying the buildinglot;

(c) a comprehensive description of, and complete plans and specification, asdescribed in this bylaw, for the work to be covered by the permit and theoccupancy of all parts of the building;

(d) a written acknowledgement by the owner that he/she has retained an architect orprofessional engineer to carry out the field review of the construction whererequired by the Building Code;

(e) where the application relates to a lot less than one (1) hectare in area, and wherethat lot forms part of more than five continuously connecting lots (whether or notthe lots are deemed as individual lots), the results of a hydrogeological analysisconducted in accordance with the Ministry of the Environment Procedure, D-5-4“Technical Guideline for On-Site Sewage Systems – Water Quality Risk ImpactAssessment” (“Procedure D-5-4”), as may be amended or replaced from time totime;

(f) where the Chief Building Official, in his/her sole discretion, believes thatdevelopment of the lot with a private Sewage System may impair the quality ofthe area Groundwater, the results of a hydrogeological analysis conducted inaccordance with Procedure D-5-4;

(g) where required by the Chief Building Official, for review and approval, a detailedengineering and drainage report that describes the storm water managementtechniques to be employed to ensure that surface water does not negativelyimpact on the operation of the private Sewage System;

(h) where required by the Chief Building Official, for review and approval, anindividual lot grading plan that provides a building envelope, a Sewage Systemenvelope (including a spare area), and a backyard amenities envelope;

(i) a site evaluation report including the following items, unless otherwise specifiedby the Chief Building Official:

i. the date the evaluation was done;

ii. the name, address, telephone number and signature of the person whoprepared the evaluation;

iii. a scaled map of the site showing:

1) the legal description, lot size, property dimensions, existing rights-of-way, easements or municipal/utility corridors;

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BYLAW NO. 001-2012 Page 3

2) the clearance, distances listed in Table 8.2.1.5., Table 8.2.1.6.A.,Table 8.2.1.6.B., and Table 8.2.1.6.C. of Division B – Part 8 of theBuilding Code;

3) the location of the proposed Sewage System;

4) the location of any unsuitable, disturbed or compacted areas; and

5) proposed access routes for Sewage System maintenance;

iv. the depth to bedrock;

v. the depth to zones of soil saturation;

vi. the soil properties, including soil permeability; and

vii. the soil conditions, including the potential for flooding

j. a statement of the valuation of the proposed work, including materials andlabour;

k. the name, address, telephone number, and licence number of the personinstalling the Sewage System;

l. where the person named in (k) above requires a licence under the Act and/or theBuilding Code;

i. the number and date of issuance of the licence; and

ii. the name of the qualified person supervising the work to be done underthe Sewage System permit.

m. the prescribed fee as set out in Appendix “B” attached hereto;

n. the signature of the owner or his or her authorized agent who shall certify thetruth of the contents of the application; and

o. If the Applicant is not the owner, a signed statement by the Owner authorizingthe Applicant to make the application on the Owner’s behalf.

6 Where soils in the Leaching Bed area have been compacted, their ability to function hasbeen compromised, or they are otherwise not satisfactory to the Chief Building Official, theChief Building Official, at his/her sole discretion, may require their removal and replacementwith suitable material.

7 Each application shall, unless otherwise specified by the Chief Building Official, besubmitted in duplicate and be accompanied by two (2) complete sets of any documentationrequired under this bylaw.

8 Plans shall be drawn to scale on paper, cloth or other durable material, shall be legible,

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BYLAW NO. 001-2012 Page 4

and, without limiting the generality of the foregoing, unless otherwise specified by the ChiefBuilding Official, shall include such working drawings as set out in Appendix ”A” to this bylawand any other such plans or drawings that may be specified by the Chief Building Official.

9 Fees for a required Sewage System permit shall be as set out in Appendix “B” to thisbylaw.

10 The Applicant shall submit the prescribed fee as set out in Appendix “B” upon submissionof an application for a permit.

11 The forms prescribed for use as applications for sewage permits, orders, and inspectionreports shall be determined by the Chief Building Official, and may be amended from time totime provided that the forms conform to the requirements as set forth in the Act and itsregulations, including the Building Code.

12 Pursuant to 7.1 of the Building Code Act, a Code of Conduct for the Chief Building Officialand Inspectors is attached to this bylaw as Appendix “C”.

13 This bylaw comes into force on the date on which it is passed.

BYLAW READ A FIRST TIME THIS 10th DAY OF JANUARY, 2012.

BYLAW READ A SECOND TIME THIS 10th DAY OF JANUARY, 2012.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF JANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

Page 69: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “A” TO BYLAW NO. 001-2012

PLANS TO BE SUMBITTED WITH APPLICATION FOR A SEWAGE SYSTEM

CERTIFICATE OF APPROVAL AND A USE PERMIT

PUBLIC WORKS DEPARTMENT

ATTACH A LOT DIAGRAM AND SEWAGE SYSTEM PLAN: Draw to scale indicating Northpoint and showing at a minimum:

(a) location of Sewage System components (e.g., tanks, Leaching Bed). Locate and showhorizontal distances from system to adjacent existing or proposed buildings, watersupplies (including neighbours)., existing on-site sewage systems, driveways, propertylines, lakes, rivers, water courses, swimming pools;

(b) lot dimensions, topographic features (e.g., swamps, steep slopes) near Sewage System;

(c) if any part of proposal conforms to a specific standard drawing, give referencenumber(s); and

(d) when required by the Chief Building Official, an individual lot grading plan that provides abuilding envelope, a Sewage System envelope (including a spare area), and a backyardamenities envelope.

Page 70: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “B” TO BYLAW NO. 001-2012

FEE SCHEDULE

PUBLIC WORKS DEPARTMENT

Sewage System Applications

New system $975.00 Holding tank $975.00 Replacement tank only $525.00

Land Severance Application & Niagara Escarpment Commissions Application

Each parcel severed $350.00 Parcel retained $350.00 NEC application (per lot) $350.00

Subdivision Condominiums

Each lot or unit $350.00

Minor Variances/Planning Applications

Each lot $350.00

NOTE The above fees apply only to those lots servicedby private sewage systems.

Special Requests

For preliminary site inspections related to proposedlot development where no other application has beenmade $350.00

Real Estate Inquiries Which Include Site Inspection Visits

Initial Fee $400.00 + H.S.T. Each additional hour or part thereof over 2 hours $120.00 + H.S.T. Real Estate inquiries which include existing file searches $200.00 + H.S.T.

only

Page 71: Wainfleet council Jan. 10, 2012 agenda

APPENDIX “C” TO BYLAW NO. 001-2012

CODE OF CONDUCT FOR BUILDING OFFICIALS

1.0 Introduction

The Township of Wainfleet maintains this code of conduct in accordance with the provisionsof The Building Code Act. Building Officials undertake building certification functions thatensure the quality, structural integrity and safety of buildings. Building Officials are exposedto potential conflicts of interest because of the special powers conferred on them. Theconduct and the behaviour of Township of Wainfleet’s Building Official reflects WainfleetBuilding and Bylaw Enforcement Department’s commitment to the highest standards ofprofessionalism, technical competence, skill, honesty, fairness and independence. BuildingOfficials observe both the letter and the spirit of this Code of Conduct as it pertains tosituations that bear on their responsibilities.

2.0 Purpose

The purposes of this Code of Conduct are:

To promote appropriate standards of behaviour by Building Officials in the exerciseof their powers and performance of their duties;

To prevent practices which may constitute an abuse of power, and

To promote appropriate standards of honesty and integrity.

3.0 Standards of Conduct and Professionalism

1) Act in the public interest, particularly with regard to the safety of building works andstructures;

2) Maintain their knowledge and understanding of the best current building practice, thebuilding laws and regulations relevant to their building certifying functions;

3) Commit themselves to a process of continuous education so as to constantly be awareof developments in building design, practice and the law relevant to their duties;

4) Comply with the provisions of the Building Code Act, the Building Code and other Act orLaw that regulates or governs Building Officials or their functions;

5) Avoid situations where there may be, or where there may reasonably appear to be, aconflict between their duties to their clients, their profession, their peers and the public atlarge and their personal interests;

6) Not act beyond their level of competence or outside their area of expertise;

7) Apply all relevant building laws, regulations and standards strictly and without favour andindependent of the influence of interested parties;

8) Perform their inspections and certifying duties impartially and in accordance with thehighest professional standards;

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APPENDIX “C” TO BYLAW NO. 001-2012 Page 2

9) Not divulge any confidential or sensitive information or material, that they became privyto in the performance of their duties, except in accordance with laws governing freedomof information and protection of privacy;

10) To avoid any conduct that could bring Building Officials or the Township of Wainfleet intodisrepute;

11) Extend professional courtesy to all;

12) Accept responsibility for the conduct of their subordinate employees;

13) Maintain current accreditation to perform the functions assigned to them; and

14) Take all reasonable steps to ascertain and document all available facts relevant to theperformance of their duties.

15) Exemplify compliance with all regulations and standards that govern buildingconstruction, health and safety or other matters related to their status as a buildingofficial.

4.0 Guideline for responding to misconduct allegations

The Building Code Act provides that the performance of Building Officials will be measuredagainst this Code of Conduct. In response to any allegation of a breach of this code, theChief Building Official shall direct an investigation and where appropriate, recommenddisciplinary action against any Building Official who fails to comply with this Code ofConduct. Where the allegation is against the Chief Building Official, the Chief AdministrativeOfficer will direct the investigation and make such recommendations as are reasonable.

In determining the appropriate discipline, the Chief Building Official or Chief AdministrativeOfficer will have regard to the relevance of the conduct to the official’s powers andresponsibilities as well as the severity of any misconduct.

Disciplinary Action arising from violations of this Code of Conduct is the responsibility of TheTownship of Wainfleet’s administration and is subject to relevant employment laws andstandards.

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THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. 002-2012

Being a bylaw to set rental rates for use ofRecreation Facilities.

WHEREAS the Council of the Corporation deems it necessary to set rental fees for theuse of Recreation Facilities and charging fees,

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

1. THAT the rental fees for Recreation Facilities as set out in Schedule “A” and Schedule“B”, attached to and forming part of this Bylaw are hereby approved;

2. THAT the rental rates and fees set out in Schedule “A” and Schedule “B” to this Bylawshall take effect January 10, 2012;

3. THAT Bylaws No. 034-2009 and 041-2009 are hereby repealed;

4. THAT this Bylaw shall come into force and take effect on January 10, 2012.

BYLAW READ A FIRST TIME THIS 10th DAY OF JANUARY, 2012.

BYLAW READ A SECOND TIME THIS 10th DAY OF JANUARY, 2012.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF JANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

Page 74: Wainfleet council Jan. 10, 2012 agenda

SCHEDULE “A” TO BYLAW NO. 002-2012

Recreation Facilities Rates 2012

2012

FIREFIGHTERS MEMORIALCOMMUNITY HALL $252.21

For Funeral Luncheons, Wainfleet Church Groups,Wainfleet Minor Sports Functions& Wainfleet School Groups $123.89

BALL DIAMONDS

Minor Ball Diamonds 1 and 2:

Per player surcharge per year $8.85Adult rate per game (per diamond) $34.07

Tournament Rates:

Evenings: 6:00 p.m. – 11:00 p.m. (per diamond) $77.88Saturdays & Sundays: per day (per diamond) $214.16

SOCCER FIELDS

Per player surcharge per year $8.85

PUBLIC SKATING $3.10

ARENA RATE PER EVENT

First or One-Day Event Only $668.14Second Additional Day (see note below) $659.29Third and Subsequent Days (see note below) $557.52Use of Canteen Facility in Arena during rental per day $88.50Moore Room (with kitchen facility) per event $48.67Moore Room (without kitchen facility) per event $26.55

Note: For multi-day events, the renters will be subjected to a water and hydro usagesurcharge based on metered water and hydro consumption. Usage will becharged on recovery basis.

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SCHEDULE “A” TO BYLAW NO. 002-2012 Page 2

2012

ARENA

Prime per hour $141.59Prime per 1½ hours $194.69Non-Prime per hour $119.47Student rates per hour $53.10Minor Hockey & Figure Skating rate per hour $87.61Spring School $92.92Elementary Schools rate $22.12Secondary Schools & Church Youth Groups $48.67Rental rates prior to 8:00 a.m. (weekdays):

Non-Wainfleet Minor Hockey orFigure Skating rate per hour $132.74

ADVERTISING SIGNS IN ARENA – As Amended by Bylaw No. 051-20104 X 4 per year $123.894 X 8 per year $203.54Board space per 3 years $1523.81

PARK PAVILION

With Hydro and Washrooms $88.50

* ALL RATES SUBJECT TO APPLICABLE TAXES.

Price changes effective January 10, 2012

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SCHEDULE “B” TO BYLAW NO. 002-2012

Recreation Facilities Rates 2009/10 – 2012

Proposed2009-2010 2010-1011 2012

FIREFIGHTERS MEMORIALCOMMUNITY HALL $238.10 $243.36 $252.21

For Funeral Luncheons, WainfleetChurch Groups, Wainfleet Minor SportsFunctions & Wainfleet School Groups $119.05 $119.47 $123.89

BALL DIAMONDS

Minor Ball Diamonds 1 and 2:

Per player surcharge per year $8.57 $8.85 $8.85Adult rate per game (per diamond) $33.33 $34.07 $34.07Additional Diamonds $28.57 N/A N/A

Tournament Rates:

Evenings: 6:00 p.m. – 11:00 p.m. (per diamond) $76.19 $77.88 $77.88Saturdays & Sundays: per day (per diamond) $209.52 $214.16 $214.16

SOCCER FIELDS

Per player surcharge per year $8.57 $8.85 $8.85

PUBLIC SKATING $2.86 $3.10 $3.10

ARENA RATE PER EVENT

First or One-Day Event Only $642.86 $659.29 $668.14Second Additional Day (see note below) $642.86 $659.29 $659.29Third and Subsequent Days (see note below) $542.86 $557.52 $557.52Use of Canteen Facility in Arena during rental per day $85.71 $88.50 $88.50Moore Room (with kitchen facility) per event $47.62 $48.67 $48.67Moore Room (without kitchen facility) per event $23.81 $26.55 $26.55Moore Room (without kitchen facility) per hour $14.29 N/A N/A

Note: For multi-day events, the renters will be subjected to a water and hydro usage surcharge based on metered water andhydro consumption. Usage will be charged on recovery basis.

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SCHEDULE “B” TO BYLAW NO. 002-2012Recreation Facilities Rates 2009/10 – 2012 Page 2

Proposed2009-2010 2010-2011 2012

ARENA

Prime per hour $133.33 $137.17 $141.59Prime per 1½ hours $200.00 $203.54 $203.54Non-Prime per hour $114.29 $119.47 $119.47Student rates per hour $52.38 $53.10 $53.10Minor Hockey & Figure Skating rate per hour $80.95 $84.07 $87.61Spring School $90.48 $92.92 $92.92Elementary Schools rate $19.05 $19.47 $22.12Secondary Schools & Church Youth Groups $47.62 $48.67 $48.67Rental rates prior to 8:00 a.m. (weekdays):

Non-Wainfleet Minor Hockey orFigure Skating rate per hour $128.57 $132.74 $132.74

ADVERTISING SIGNS IN ARENA

4 X 4 per year N/A $119.05 $123.894 X 8 per year N/A $200.00 $203.54Board space per 3 years N/A $1523.81 $1523.81

PARK PAVILLION

With Hydro and Washrooms $85.71 $88.50 $88.50

* ALL RATES SUBJECT TO APPLICABLE TAXES

Price changes effective January 10, 2012

Page 78: Wainfleet council Jan. 10, 2012 agenda

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. 003-2012

Being a bylaw to appoint a Fire Chief for theCorporation of Township of Wainfleet .

WHEREAS the Fire Protection and Prevention Act, S.O. 1997, c. 4, s.2 providesgenerally that every municipality shall establish a program of fire education, fire prevention, firesafety and provide such other fire protection services as it deems necessary and shall, indischarging its responsibilities, establish a fire department;

AND WHEREAS the said Act provides that if a fire department is established the councilshall appoint a Fire Chief for the department and further prescribes certain duties and powers ofthe fire chief;

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

1. THAT Harry Flagg be and is hereby appointed Fire Chief for the Township of Wainfleet

2. AND THAT any Bylaws inconsistent with the provisions of this Bylaw are herebyrepealed.

BYLAW READ A FIRST TIME THIS 10TH DAY OF JANUARY, 2012.

BYLAW READ A SECOND TIME THIS 10TH DAY OF JANUARY, 2012.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF JANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

Page 79: Wainfleet council Jan. 10, 2012 agenda

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. 037-2011

Being a bylaw to provide for interim tax levies forthe year 2012 for the Township of Wainfleet.

WHEREAS section of the Municipal Act, S.O. 2001, c. 25, as amended, provides that thecouncil of a local municipality, before the adoption of estimates for the year under Section 290, maypass a bylaw levying amounts on the assessment of property in the local municipality rateable forlocal municipality purposes;

AND WHEREAS the Council of this municipality deems it appropriate to provide for suchinterim levy on the assessment of property in this municipality;

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

1. The amounts levied shall be as follows:

1.1. For the Residential, Pipeline, Farmland and Managed Forest property classes there shall beimposed and collected an interim levy of:

(a) the percentage prescribed by the Minister under section 317(10) of the MunicipalAct; or,

(b) 50%, if no percentage is prescribed,

of the total taxes for municipal and school purposes levied on in the year 2011.

1.2. For the Multi-Residential, Commercial and Industrial property classes there shall beimposed and collected an interim levy of:

(c) the percentage prescribed by the Minister under section 317(10) of the MunicipalAct; or,

(d) 50% if no percentage is prescribed,

of the total taxes for municipal and school purposes levied on in the year 2011.

2. For the purposes of calculating the total amount of taxes for the year 2011 under paragraph 2, ifany taxes for municipal and school purposes were levied on a property for only part of 2011because assessment was added to the collector’s roll during 2011, an amount shall be addedequal to the additional taxes that would have been levied on the property if taxes for municipaland school purposes had been levied for the entire year.

3. The provisions of this bylaw apply in the event that assessment is added for the year 2012 to thecollector’s roll after the date this bylaw is passed and an interim levy shall be imposed andcollected.

4. All taxes levied under this bylaw shall be payable into the hands of the Collector in accordancewith the provisions of this bylaw.

Page 80: Wainfleet council Jan. 10, 2012 agenda

BYLAW NO. 037-2011 Page 2

5. There shall be imposed on all taxes a penalty for non-payment or late payment of taxes indefault of the installment dates set out below. The penalty shall be one and one-quarter percent(1¼%) of the amount in default on the first day of default and on the first day of each calendarmonth during which the default continues, but not after the end of 2012.

6. The interim tax levy imposed by this bylaw shall be paid in two installments due on the followingdates:

6.1. One-half (1/2) thereof on the 29th day of February of 2012;

6.2. One-half (1/2) thereof on the 30th day of April of 2012.

7. The Collector may mail or cause to be mailed to the address of the residence or place ofbusiness of each person taxed under this bylaw, a notice specifying the amount of taxespayable.

8. The notice to be mailed under this bylaw shall contain the particulars provided for in this bylawand the information required to be entered in the Collector’s roll under section 340 of theMunicipal Act.

9. The subsequent levy for the year 2012 to be made under the Municipal Act shall be reduced bythe amount to be raised by the levy imposed by this bylaw.

10. The provisions of s.317 of the Municipal Act, as amended apply to this bylaw with necessarymodifications.

11. The Collector shall be authorized to accept part payment from time to time on account of anytaxes due, and to give a receipt of such part payment, provided that acceptance of any such partpayment shall not affect the collection of any percentage charge imposed and collectable undersection 5 of this bylaw in respect of non-payment or late payment of any taxes or any installmentof taxes.

12. Nothing in this bylaw shall prevent the Collector from proceeding at any time with the collectionof any tax, or any part thereof, in accordance with the provisions of the statutes and bylawsgoverning the collection of taxes.

13. In the event of any conflict between the provisions of this bylaw and any other bylaw, theprovisions of this bylaw shall prevail.

14. This bylaw shall come into force and take effect on the day of the final passing thereof.

BYLAW READ A FIRST TIME THIS 13th DAY OF DECEMBER, 2011.

BYLAW READ A SECOND TIME THIS 13th DAY OF DECEMBER, 2011.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OFJANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

Page 81: Wainfleet council Jan. 10, 2012 agenda

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. 039-2011

Being a bylaw to authorize the transfer by theCorporation of the Township of Wainfleet in favour ofapplicants for the abandoned rail corridor as set out inSchedule “A” attached hereto.

WHEREAS Sections 8 and 11 of the Municipal Act, 2001, S.O. 2001, Chapter 25, asamended, permit a municipality to pass by-laws in accordance with the Act;

AND WHEREAS certain lands within the Township conveyed by Canadian National Railwayto the Township by Transfer registered January 15, 1997, as instrument RO719089;

AND WHEREAS such lands do not comprise part of the Public Highway and are deemedsurplus by the Township of Wainfleet;

AND WHEREAS the Applicants listed in Column 1 of attached Schedule “A” have applied toacquire such lands from the Township as they abut the Applicant’s lands;

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

1. Those lands set out in column 3 of Schedule “A” hereto be conveyed by the Corporationof the Township of Wainfleet in favour of the Applicants therefore as set out in Column 1 ofSchedule A hereto as the adjoining land owners pursuant to the resolution of theCorporation of the Township of Wainfleet.

2. In each case, the lands are to be conveyed to an abutting land owner such that theparcels will merge pursuant to the Planning Act of Ontario and no new parcels of land arecreated thereby.

3. That the Mayor and the Clerk or Acting Clerk of the Corporation of the Township ofWainfleet are hereby authorized to sign or execute such deeds or other documents as maybe necessary to effect such conveyances.

4. That the Corporation of the Township of Wainfleet accept the sum of $1.00 for eachparcel together with the Township's costs including the proportionate share of the surveycosts and reimbursement of the Township’s legal costs in connection with such transfer.

BYLAW READ A FIRST TIME THIS 13th DAY OF DECEMBER, 2011.

BYLAW READ A SECOND TIME THIS 13th DAY OF DECEMBER, 2011.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OFJANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

Page 82: Wainfleet council Jan. 10, 2012 agenda

SCHEDULE “A”

TO BYLAW NO. 036-2011

PURCHASER PURCHASER’S PROPERTY LANDS AVAILABLE TO BESOLD

Debra Lynne Ross PT LT 16, CON 5PIN 64025-0085

PT 2 59R-14247

Josef Theodor Mayr PT LOTS 44 & 45, CON 5PIN 64005-0005

PTS 3, 4, 5 & 6 59R-14260

Page 83: Wainfleet council Jan. 10, 2012 agenda

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. 004-2012

Being a bylaw to adopt, ratify and confirm theactions of the Council at its regular meeting heldon the 10th day of January, 2012

WHEREAS Subsection 5 (1) of the Municipal Act, 2001, S.O. 2001, Chapter M.25, asamended, 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, asamended, provides that, except if otherwise authorized, the powers of Council shall be exercised bybylaw;

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

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

1. (a) The actions of the Council at its meeting held on the 10th day of January, 2012including all resolutions or motions approved, are hereby adopted, ratified andconfirmed 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, untilsuch approval is obtained.

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

3. Unless otherwise provided, the Mayor and Clerk are hereby authorized and directed toexecute and the Clerk to affix the seal of the corporation of the Township of Wainfleet to alldocuments necessary to give effect to the above-mentioned actions.

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

BYLAW READ A FIRST TIME THIS 10th DAY OF JANUARY, 2012.

BYLAW READ A SECOND TIME THIS 10th DAY OF JANUARY, 2012.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF JANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK