Wainfleet council agenda for Tuesday, July 19, 2011

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THE CORPORATION OF THE TOWNSHIP OF WAINFLEET

REGULAR MEETING OF COUNCIL AGENDA

TUESDAY, JULY 19TH, 2011 at 7:00 P.M.

COUNCIL CHAMBERS

1. Call to Order

2. National Anthem

3. Opening Prayera) Alderman David Wyatt

4. Disclosure of Pecuniary Interest and the General Nature Thereof

5. Public HearingsNone.

6. Delegationsa) Mr. Mark Truman and Mrs. Vicki Truman Re: PSR-014/2011

Application for Zoning Bylaw Amendment File Z-07-2010

7. Business Arising from Delegations

8. Presentationsa) Mr. Guy Graveline Re: 2010 Ontario Economic Development Award of Meritb) Mr. Fred Galloway Re: Recreation Master Plan

9. Mayor’s Announcements & Remarks

10. Adoption of the Minutesa) Minutes of the Regular Meeting of Council held on June 28th, 2011.

11. Staff Reports and Recommendationsa) Planning Staff Reports

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

b) Administration Staff Reportsi) ASR-010/2011 Re: Legal Services RFP

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

c) Drainage Staff Reportsi) DSR-002/2011 Re: 2010/2011 Drainage Program Summary

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

d) Building Staff Reportsi) BSR-008/2011 Re: Building Permit Report – June 2011

e) Public Works Staff Reportsi) PWR-012/2011 Re: Recommendation to Replace Roof on East Public

Works Garage Building

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

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

f) Fire Staff ReportsNone.

e) Bylaw Enforcement Staff Reportsi) BESR- 001/2011 Re: Summary of Complaints January to June, 2nd

Quarter Report

12. Review of Correspondence

13. Bylaws

First & Second Readinga) Bylaw No. 024-2011 Being a bylaw pursuant to the provisions of Section 34 of

the Planning Act, R.S.O. 1990 to amend Zoning Bylaw No. 581-78 of theCorporation of the Township of Wainfleet with respect to those lands forming Partof Lot 21, Plan 733 and, known municipally as 10451 Lakeshore Road.

Third & Final Readinga) Bylaw No. 023-2011 being a bylaw to amend Bylaw No. 021-2010 being a bylaw

to govern the proceedings of the Township of Wainfleet Council, the conduct ofits Members and the calling of meetings.

14. Notices of Motion

15. Proclamations

16. Other Business

17. Closed Meeting

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

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

Township of WainfleetCouncil Meeting Agenda July 19th, 2011 Page 3

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

18. Adjournment of Meeting

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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, June 28th, 2011 at 7:00 p.m.

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

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

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

2. NATIONAL ANTHEM

3. OPENING PRAYERAlderman Hessels delivered the opening prayer.

4. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOFAlderman Dykstra noted that he may have a conflict of interest depending on the natureof the discussion involving the closed meeting.

5. PUBLIC HEARINGSa) Development Charges

This public hearing was chaired by Mayor Jeffs.

Mayor Jeffs explained that Council was holding a public meeting under Section 12of the Development Charges Act, 1997. The purpose of the meeting would givethe public an opportunity to ask questions, provide comments, and makerepresentations on the 2011 Development Charges Background Study. This studywould calculate new development charges for roads and related, municipalparking, fire protection, outdoor recreation, indoor recreation, library andadministration.

Mayor Jeffs called upon the Township’s consultant, Jamie Cook of Watson &Associates Economists Ltd. to do a brief presentation of the findings of the study.

Mr. Cook provided a PowerPoint presentation for Council and the public. A copyof the presentation is attached and forming part of the minutes.

The following questions were raised by Council and answered by Mr. Cook.

Township of WainfleetCouncil Meeting Minutes, June 28th, 2011 Page 2

Alderman Konc requested further clarification on the last paragraph on page (ii)regarding the 4.40 million (or an annual amount of $880,000), which needs to becontributed from taxes and rates, or other sources.

Item 6 on page. (ii) summarizes the amount of total gross capital expendituresplanned for the Town of Wainfleet over the next 5 years, which amounts to$5,583,600 dollars. Of this total, Watson and Associates Economists Ltd havedetermined that $1,186,000 would be funded through Development Charges.This means that the remaining $4,400,000 will need to be funded throughproperty taxes, rates and other sources.

Alderman Konc questioned what would happen if the growth and populationfigures do not meet the projected targets.

The development charges bylaw has a life of five years. Watson and AssociatesEconomists Ltd will have an opportunity to revisit 10 and 20 year growth forecastevery five years upon updating the development charges bylaw. The NiagaraRegion growth allocation to Wainfleet will also likely be revised over the next fiveyears upon the review of the Niagara Region Policy Plan.

Alderman Konc inquired about Appendix B1 to B23 with regard to the list ofpercentages.

This appendix material summarizes the historical service levels for fire services,roads and related services, indoor/outdoor recreation services and libraryservices. The historic service standard measure provides a ceiling on the level ofthe charge which can be imposed. The Development Charges Act, 1997provides that the “average of the past 10 years” be the basis for the upper limit ofthe charge and must measure both quantity and quality.

Alderman Konc requested that an item associated with industrial alternativedevelopment (i.e. Wind Turbines) be added to Approvals for Development (E6).

Watson and Associates Economists Ltd. are proposing to include a separatedevelopment charge category for Wind Turbines. Wind Turbines are proposed tobe charged at the same rate as a single-detached housing unit for roads and fireservices.

Mayor Jeffs inquired how the development charges would apply to thoseresidents demolishing and rebuilding on the same foot print.

Section 7.3.3 of the Development Charges Background Study outlines thedevelopment charges calculation process in the case of redevelopment (i.e.demolition or conversion). It states:

“If a development involves the demolition and replacement of a building orstructure on the same site, or the conversion from one principal use toanother, the developer shall be allowed a credit equivalent to:

1. the number of dwelling units demolished/converted multiplied by theapplicable residential development charge in place at the time thedevelopment charge is payable, and/or


2. the gross floor area of the building demolished/converted multiplied by thecurrent non-residential development charge in place at the time thedevelopment charge is payable.”

The demolition credit is allowed only if the land was improved by occupiedstructures and if the demolition permit related to the site was issued less than 60months prior to the issuance of a building permit. The credit can, in no case,exceed the amount of development charges that would otherwise be payable.

Alderman Wyatt had concerns with the projections and how realistic they are.

Based on Watson and Associates Economists Ltd analysis of forecastpopulation, housing and employment growth for Niagara Region, historicalbuilding permit activity in Wainfleet and available residential/non-residential landsupply in Wainfleet, it is the opinion of staff that the Wainfleet growth forecast isrealistic and defensible.

Alderman Dykstra asked for clarification on the exemptions as they relate toBonafide farmers and Fire.

The definition in the proposed Wainfleet Bylaw regarding a “farm building” is asfollows:

“farm building” means that part of a bona fide farming operationencompassing barns, silos and other ancillary development to anagricultural use, but excluding a residential use and would includewholesale greenhouse facilities and structures.”

In accordance with the above definition, stand alone industrial, commercial andinstitutional operations in the rural area would not be exempt from developmentcharges.

Mayor Jeffs inquired about the Regional Development Charges and what theyentailed. Mr. Cook could not provide and answer at the time but would explorethis question further and relay the information to all of Council via email.

Mr. Andrew Watts, 10810 Rathfon Road, Wainfleet, spoke in favour of theproposed development charges, stating that this would compliment otherdecisions and actions Council has undertaken since the start of term. Mr. Wattssuggested that Council increase the development charge for industrial WindTurbines.

Mr. Frank Memme, 51067 Deeks Road, Wainfleet, spoke in opposition to theproposed development charges claiming it is a tax grab for all municipalities andthe charges are unfair to people building new homes and those in the non-residential sector.

Mayor Jeffs concluded by informing Council and the public that should anyindividual want to be informed of when the staff report will be presented toCouncil, or want to be ensured that notice of passage of the bylaw will be sent to


them, they should inform the Clerk, in writing, which could be done following themeeting.

Council’s consideration of the Development Charges Bylaw is scheduled to occuron Tuesday, July 19th, 2011.

The public hearing was adjourned at 8:58 p.m. by Mayor Jeffs.

6. PRESENTATIONSNone.

7. DELEGATIONSa) Mr. Stu Black, Executive Director, Crime Stoppers, made a brief presentation to

Council outlining the organization’s activities and cleared up any myths andmisconceptions surrounding their operation.

Discussion took place and Mr. Black answered questions of Council. Mayor Jeffsthanked Mr. Black for his presentation and Crime Stoppers contribution to thecommunity.

b) Mr. Andrew Iler, 41125 Pettit Road, provided a PowerPoint presentation toCouncil outlining the benefits and incentives in providing a cycling program andrelated cycling events in Wainfleet.

Discussion took place and Mr. Iler answered questions of Council. Mayor Jeffsthanked Mr. Iler for his presentation.

8. BUSINESS ARISING FROM DELEGATIONS

Resolution No. C-165-2011

Moved by Richard DykstraSeconded by Betty Konc

“THAT Crime Stoppers request for advertisement be approved and a link beplaced on the Township’s website.”

WITHDRAWN.(Alderman Dykstra withdrew his motion)


Moved by Richard DykstraSeconded by David Wyatt

“THAT the Director of Operations be directed to consult Township’s policies andexplore advertisement options on Township property.”

CARRIED.9. MAYOR’S ANNOUNCEMENTS & REMARKS

The Mayor’s comments are enclosed in the June 28th Council Meeting folder.


10. ADOPTION OF THE MINUTESa) Minutes of the Regular Meeting of Council held on June 14th, 2011.


Moved by Ted HesselsSeconded by David Wyatt

“THAT the minutes of the Regular Council meeting held on June 14th, 2011 beadopted as circulated.”

CARRIED.

11. STAFF REPORTS AND RECOMMENDATIONS

a) Planning Staff Reports

i) PSR-012/2011 Re: New Comprehensive Zoning Bylaw and Site PlanControl Guidelines – Consultant Recommendation.

RECOMMENDATION(S):

“THAT this report be received;

THAT Council accept the proposal from Sorenson Gravely LowesPlanning Associates Inc. in the amount of $84,399.70 (including HST) tocomplete a new Comprehensive Zoning Bylaw and Site Plan ControlGuidelines;

THAT Council provide pre-commitment approval for the 2012 budget foran additional $34,399.70 to finance this policy initiative;

THAT Council authorize Planning Staff advertise for 10 volunteers to siton a Community Advisory Group which is to be established as part of theprocess of creating a New Comprehensive Zoning Bylaw and Site PlanControl Guidelines;

AND THAT Council waive section 15.7 of the Procedure Bylaw and passthe attached Bylaw (Appendix “B”) authorizing the Mayor and Clerk toexecute an agreement between the Corporation of the Township ofWainfleet and Sorenson Gravely Lowes Planning Associates Inc. for theundertaking of the creation of a Comprehensive Zoning Bylaw and SitePlan Control Guidelines.



“THAT Planning Staff Report PSR-012/2011 Re: New ComprehensiveZoning Bylaw and Site Plan Control Guidelines – ConsultantRecommendation and the recommendation contained therein be adoptedas circulated.”

CARRIED.


ii) PSR-013/2011 Re: Application for Zoning Bylaw Amendment Z03-2011Richard & Elizabeth Turner, Owners; James Ressor, Agent.

RECOMMENDATION(S):

THAT this report be received;

THAT Council approve the amending Zoning Bylaw attached as Appendix“C” to this report;

THAT pursuant to the provisions of Section 34 (17) of the Planning Act,Council determine that no further notice of the proposed bylaw isrequired;

AND THAT the owner (Richard & Elizabeth Turner), the agent (JamesReesor) and the Secretary-Treasurer of the Committee of Adjustment beso informed.


Moved by Ted HesselsSeconded by Betty Konc

“THAT Planning Staff Report PSR-013/2011 Re: Application for ZoningBylaw Amendment Z-03-2011 Richard & Elizabeth Turner, Owners;James Ressor, Agent and the recommendation contained therein beadopted as circulated.”

CARRIED.

b) Administration Staff Reportsi) ASR-009/2011 Re: Procedural Bylaw Amendments

RECOMMENDATION(S):

“THAT this report be received.”



“THAT Administration Staff Report ASR-009/2011 Re: Procedural BylawAmendments and the recommendations contained therein be adopted ascirculated.”

CARRIED.

12. REVIEW OF CORRESPONDENCE


Moved by David WyattSeconded by Ted Hessels


“THAT the report of the correspondence to Council dated June 28th, 2011 and therecommendations contained therein be adopted as circulated.”

CARRIED.

CORRESPONDENCE REFERRED TO COUNCIL 2011 06 28

139. From the City of Port Colborne enclosing a resolution which supports the Town of FortErie in its request to petition Premier Dalton McGuinty and the Provincial Governmentto establish a Task Force at the municipal level as soon as possible to investigaterising gas prices across the Province of Ontario. REC. – receive for information.

140. From the Township of South Frontenac requesting support for its resolution whichurges the Province to introduce legislation that limits the sale of goods sold in Ontarioto those which are completely recyclable or compostable and packaged in materialsthat are completely recyclable or compostable. A copy of this piece of correspondencehas been circulated to each member of Council. REC. – support resolution.

141. From the District School Board of Niagara enclosing notice of a public meeting todiscuss the potential for facility partnership and identify potential opportunities for useof space within existing schools. A copy of this piece of correspondence has beencirculated to each member of Council. REC. – receive for information.

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

Unregistered

None.

13. BYLAWS

First & Second Reading



“THAT the following bylaws be now read a first and second time this 28th day of June,2011:

Bylaw No. 021-2011 being a bylaw to authorize entering into a contract with SorensonGravely Lowes Planning Associates Inc. for the preparation of the new ComprehensiveZoning Bylaw and Site Plan Control Guidelines for the Township.”

Bylaw No. 022-2011 being a bylaw pursuant to the provisions of Section 34 of thePlanning Act, R.S.O. 1990 to amend Zoning Bylaw No. 581-78 of the Corporation of theTownship of Wainfleet with respect to those lands forming Part of Lot 15, Concession 2,known municipally as 21639 Dixie Road, in the Township of Wainfleet.


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

CARRIED.


Moved by Ted HesselsSeconded by Richard Dykstra

“THAT Section 15.7 of the Procedural Bylaw No. 021/2010 be waived to allow the thirdreading and final passing of Bylaw No.023/2011.”

CARRIED.

Third & Final Reading


Moved by Betty KoncSeconded by Richard Dykstra

“THAT the following bylaws be now read a third time and finally passed this 28th day ofJune, 2011:

Bylaw No. 021-2011 being a bylaw to authorize entering into a contract with SorensonGravely Lowes Planning Associates Inc. for the preparation of the new ComprehensiveZoning Bylaw and Site Plan Control Guidelines for the Township.

Bylaw No. 022-2011 being a bylaw pursuant to the provisions of Section 34 of thePlanning Act, R.S.O. 1990 to amend Zoning Bylaw No. 581-78 of the Corporation of theTownship of Wainfleet with respect to those lands forming Part of Lot 15, Concession 2,known municipally as 21639 Dixie Road, in the Township of Wainfleet.”

CARRIED.

14. NOTICE OF MOTIONNone.

15. PROCLAMATIONSNone.

16. OTHER BUSINESS

a) Alderman Konc raised concerns regarding the quality of workmanship on GolfCourse Road and the complaints received regarding the construction. Mr.Wuisman provided Council and members of the public with a detailedexplanation regarding the process involved in surface treatment. Noting that thecontractor will be addressing the concerns.

b) In response to inquiries raised by Alderman Dykstra, Mr. Wuisman noted that theDrainage Advisory Committee has been advertised in the Welland Tribune


(Saturday, June 25th) and on the Township’s website. Application forms and theTerms of Reference can be obtained at the Municipal Offices or on the website.In addition, a Drainage Staff report will be coming before Council on July 19th,2011.

c) Mayor Jeffs addressed issues regarding Townline Road noting that a meeting iscurrently being arranged involving Mayor Jeffs, Scott Luey, Mayor Badawey,Robert Heil that will focus on working toward an amicable solution with the City ofPort Colborne.

17. CLOSED MEETING


Moved by Mayor JeffsSeconded by Betty Konc

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

Section 239 (2) (e) of the Municipal Act, 2001 litigation or potential litigation, includingmatters before administrative tribunals, affecting the municipality or local board –application under the Line Fences Act (1 item).”

CARRIED.

Council reconvened at 9:42 p.m. without report. There were no members of the publicor press present at the time of reconvening.

18. ADJOURNMENT


Moved by Ted HesselsSeconded by Betty Konc

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

CARRIED.

Council adjourned at 9:46 p.m.

A. Jeffs, MAYOR

T. Lamb, CLERK

PLANNING STAFF REPORT PSR-014/2011

TO: Mayor Jeffs & Members of Council

FROM: G. Munday, Manager of Planning

DATE OF MEETING: July 19, 2011

SUBJECT: Application for Zoning Bylaw Amendment File Z-07-2010Mark Truman, owner; Vicki Truman, agentPart of Lot 21, Plan 73310451 Lakeshore Road

RECOMMENDATION(S):


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

AND THAT pursuant to the provisions of Section 34 (17) of the Planning Act, Councildetermine that no further “notice” of the proposed bylaw is required;

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

EXECUTIVE SUMMARY:

This is a comprehensive report to provide a recommendation to Council regarding anapplication for Zoning By-law Amendment for the property known as 10451 Lakeshore Road.With reference to Appendix “A”, the purpose of the application is to amend the zoning on theproperty from RR1 – Resort Residential to R1 – Special Exception. The proposed rezoningwould facilitate the demolition of the existing cottage and detached garage as well as theconstruction of a new two-storey detached dwelling and a new detached garage. A statutorypublic meeting was held by Council on September 14th, 2010. Notice for the public meeting wasin accordance with Planning Act requirements. Planning Staff are recommending approval ofthis application for rezoning and are of the opinion that the proposal is consistent with theProvincial Policy Statement, the Township Official Plan and is representative of good planning.

BACKGROUND:

The application proposes to demolish the existing cottage and detached garage andconstruct a new two-storey detached dwelling and a new detached garage. The proposed “R1Special Exception” zone would amend the following R1 Residential zoning requirements:

Increase the permitted maximum lot coverage from 7 % (606.22 ft2) to 20.6%(1780.57 ft2).

Decrease the minimum westerly side yard from 5 m to 2.75 m and the easterlyside yard from 3 m to 2.57 m.

Decrease the minimum front yard for a detached garage from 7.5 m to 6 m. Decrease the westerly accessory building side yard from 2 m to .92 m. Increase the maximum accessory building lot coverage from 2.5% to 5.10%

PSR-014/2011 2011 07 19Page 2

Pursuant to Township Policy respecting “Increased Lot Coverage on UndersizedResidential Lots” (PSR-053/2004), the applicant has applied to rezone rather than seek minorvariance (Committee of Adjustment) approval.

A statutory public meeting was held by Council on September 14th, 2010. Notice for thepublic meeting was in accordance with Planning Act requirements. No written comments werereceived from the public. There was one person who spoke in opposition to the proposal. Withreference to Appendix “B”, Mr. Andrew Watts of 10810 Rathfon Road stated that in his opinion theincrease in lot coverage is an example of a large amount of development on a small lot. Duringthe public meeting the following agency correspondence was in front of Council:

Region of Niagara Public Works (RNPW)

They indicated that the private septic system design submitted for the proposeddwelling was inadequate.

Wainfleet Fire Chief no comments

Wainfleet Chief Building Official submission of a lot grading plan

Wainfleet Operations Department no comments

Wainfleet Drainage Department no comments

Niagara Peninsula Conservation Authority (NPCA)

The NPCA requested a dune stability analysis and an environmental impact study.

Since the public meeting, the applicant has now satisfied the requirements of RNPW (seeemail attached as Appendix “C”). As well, the applicant has completed the necessary studies asrequested by the NPCA. Their letter indicating that they have “no objection” to the proposedzoning bylaw amendment, is attached as Appendix “D”. Planning Staff are also in receipt of aletter of support from the owner of 10553 Lakeshore Road (Phil Spencer) which is the propertyimmediately west of the subject lands.

DISCUSSION:

In reviewing this application, Planning Staff used the following policy context.

1) Relevant sections of the Official Plan

The “In Force” Official Plan contains policies related to “Non-Conforming Standards ofDevelopment”. The existing lot is an “Undersized Lot of Record” which does meet thefrontage and area requirements for a “Conforming Lot” in the R1 Zone. The relevantOfficial Plan policies related to “Non Conforming Standards of Development” (Section 7) are:

“It shall be a policy of this Plan to differentiate between non-conformingstandards of development and non-conforming uses of land. In this regard, thepolicies of subsections (2) and (3) below apply.

(2) Non-Conforming Standards of Development

PSR-014/2011 2011 07 19Page 3

(a) The extension or enlargement of any building or structure, the use ofwhich is in compliance with this Official Plan and the applicable Zoning By-law, but which does not comply with the standards of development (i.e. lotarea, setbacks, parking, landscaping) shall not be considered a non-conforming use under subsection 7 (3) below or Section 34 (10) of thePlanning Act.

(b) Relief from current standards of development as set out in the ZoningBy-law shall be based on the merits of each application and may be byamendment to the Zoning By-law or by minor variance through theCommittee of Adjustment.”

That section provides direction for this application “….relief from current standards asset out in the Zoning By-law shall be based on the merits of each application…”

The “Lakeshore Residential” provides “policy” context for this, and similar applications inthat designation;

“The predominant use in this category shall be for single-family dwellings andcottages. This category may also include convenience retail and servicecommercial uses of a limited extent which primarily provide for the dailycommercial needs of the lakeshore residents, parks, outdoor recreational uses andpublic utility uses….”

The Lakeshore Residential designation includes considerable policy related to conversionof existing cottages to permanent residences. That policy context is written for “conversions”requiring rezoning from the “cottage” “RR1” Zone to the “dwelling” “R1” Zone.

Planning staff have also reviewed the proposal in the context of the Township proposednew Official Plan which was approved by Township Council in September 2010 which is nowsubject of Regional Niagara review. Committee is aware that the new Plan will not have forceand effect until approved by the Region. Notwithstanding, some of the provisions of theproposed Plan are of assistance in the review of this file.

Committee is referred to Section 5.1 “Servicing”, Subsection 5.1.2 which permitsdevelopment (in a circumstance such as this) provided the Township and Regional HealthDepartment are satisfied there is adequate supply of potable water and provided the Townshipis satisfied that the lot size, soils, drainage and siting of the buildings will permit the installationof a sewage disposal system that meets the MOE reasonable use guidelines. Committee willnote this is a similar provision to Section 4 (2A) “Existing Lots of Record” in the current OfficialPlan.

Specific policies in the new Official Plan related to the “Lakeshore Area” are found inSection 2.5 “The Lakeshore Built-Up Area”, Section 3.3.4 “Lakeshore Residential Designation”and Section 3.3.6 “Design Policies for Residential Areas”. Section 3.3.4.3 requires all newresidential development in the “Lakeshore Residential Designation” “respect the character ofthe surrounding residential area in accordance with the design policies of Section 3.3.6”. Those“design policies” are helpful in reviewing the proposal pursuant to the “tests” contained inSection 45 of the Planning Act and particularly, when considering whether the proposeddevelopment is “desirable for the appropriate development of land”.

PSR-014/2011 2011 07 19Page 4

The most relevant is Section 3.3.6.3 in the new Official Plan which states:

3.3.6.3 New lots and/or the location of new dwellings on a lot shall:a) Maintain the established rhythm of lot frontages on adjacent housinglots;

b) Provide a building height that reflects the pattern of heights of adjacenthousing;

c) Provide for a similar lot coverage to adjacent housing to ensure that themassing or volume of the new dwelling reflects the scale and appearanceof adjacent housing. This coverage may be less than that permitted by thezoning by-law under Section 3.3.4.9;

d) Maintain the predominant or average front yard setback for adjacenthousing to preserve the streetscape edge, and character; and

e) Provide for similar side yard setbacks to preserve the spaciousness onthe street.

Within the above noted “policy context”, staff offer the following respecting the application:

Council will note that the proposed new septic and filter bed is located in between theproposed new dwelling and the proposed new detached garage. With reference toAppendix “C”, the NRPW has approved of the proposed sewage system. That isconsistent with Official Plan policy related sewage disposal both for “conversion” and for“new development”.

The property has an existing lake well located at the breakwall. That well, or a subsequentcistern (trucked water), is consistent with Official Plan policy for water supply both for“conversion” and “new development”.

The proposal meets the requirements of the NPCA and the applicant has provided thenecessary studies to satisfy their concerns regarding dune stability and environmentalimpact. This is consistent with Provincial, Regional and Township Planning Policies.

The applicant will be required to submit a lot grading and drainage plan at the time ofbuilding permit submission and in compliance with the Township’s Lot Grading andDrainage Policy. This is consistent with Township Policy.

Given the above context, the salient issue is whether the proposed new dwelling, and theincrease in lot coverage, is consistent and compatible with existing development in thegeneral area. Staff have calculated (estimate) of the “lot coverage” of lots in the generalarea (lake side of Lakeshore Road). Attached as Appendix “G” is graphic showing thoseestimated coverages. (Council is reminded that lot coverage relates only to that portion ofthose properties zoned for residential purposes). Council will note, and staff haveconcluded, that the lot coverage proposed by this application (20.60%) is generallyconsistent with existing lot coverages in the area of this lot.

It should also be noted that the proposed redevelopment represents an overallimprovement to the existing site conditions. In particular, the new detached garage will besetback a greater distance from the front lot line than the existing detached garaged

PSR-014/2011 2011 07 19Page 5

(which is essentially on the front lot line). The proposed setback will improve traffic safetyalong this section of Lakeshore Road by improving site lines of vehicles exiting theproperty and removing a potential traffic hazard for vehicles travelling along this section ofLakeshore Road. The new garage will also act as a retaining wall for the existing sanddune to ensure in does not collapse onto the road allowance or interfere with the functionof the proposed septic system. The proposed dwelling does not provide side, rear, or frontyard setbacks that are any different than the existing cottage. In fact the building face issetback further from the lakeside than the existing cottage. The increase in lot coverage(12.79 % to 20.60%) largely relates to the proposal for a larger detached garage, a raiseddeck and covered porch.

In light of the above, staff is satisfied the proposal is consistent with applicable planningpolicies and recommend rezoning bylaw which will permit the construction of new detacheddwelling and detached garage. It is recommended that Council approve the bylaw attached asAppendix “E”

FINANCIAL CONSIDERATIONS:

None.

ATTACHMENTS:

Appendix “A” - Proposed Site Plan, Floor Plans and ElevationsAppendix “B” - Minutes of Public MeetingAppendix “C” - Email from Region of Niagara Public WorksAppendix “D” - Letter from the NPCAAppendix “E” - Area Lot Coverage StatisticsAppendix “F” - Zoning Bylaw Amendment

Respectfully submitted by, Approved by,

Grant Munday Scott LueyManager of Planning Chief Administrative Officer

APPENDIX “F”

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. XXX-2011

Being a bylaw pursuant to the provisions of Section 34 of thePlanning Act, R.S.O. 1990 to amend Zoning Bylaw No. 581-78 ofthe Corporation of the Township of Wainfleet with respect to thoselands forming Part of Lot 21, Plan 733 and, known municipally as10451 Lakeshore Road.

WHEREAS the Corporation of the Township of Wainfleet has reviewed Zoning BylawNo. 581-78 and deems it advisable to amend same:

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

1. THAT Map 17 to Schedule “B” of Zoning Bylaw No. 581-78, as amended, is herebyfurther amended by changing the zoning from “RR1 – Resort Residential” to “R1-342”as shown on Schedule “A” attached hereto.

2. THAT Section 31 entitled “Exceptions” from Zoning Bylaw 581-78, as amended, ishereby further amended by adding a new subsection, as follows:

327 Notwithstanding the provision of Section 12.3 (c), (e), (e) (i); 12.4(a) (i), (b), (c) to the contrary, the permitted “maximum lotcoverage” for this site is 20.6%, the minimum easterly side yardsetback is 2.57 m, the minimum westerly side yard setback is 2.75m, the minimum westerly accessory side yard setback is .92 m,the maximum assessor lot coverage is 5.10%, and the minimumfront yard setback for the garage is 6m,

3. THAT pursuant to Section 34 (17) of the Planning Act, as amended, no further publicmeeting is required.

4. THAT this Bylaw shall come into force, take effect and be passed on the third and finalreading hereof subject to the provisions of Section 34 of the Planning Act.

BYLAW READ A FIRST TIME THIS XX DAY OF _____________, 2011.

BYLAW READ A SECOND TIME THIS XX DAY OF ___________, 2011.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS ____ DAY OF ___________2011.

A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE “A” TO BYLAW NO. XXX-2011


Lands to be rezoned from “RR1 ResortResidential” to “R1-342”

THIS IS SCHEDULE “A” TO BYLAW NO. XXX-2011.PASSED THIS ____ DAY OF ___________________, 2011.

File No. Z-07-2010(Truman)

MAYOR

CLERK

ADMINISTRATION STAFF REPORT ASR-010/2011


FROM: Scott Luey, Chief Administrative Officer

DATE OF MEETING: July 19th, 2011

SUBJECT: Legal Services RFP

RECOMMENDATION(S):

THAT this report be received for information.

THAT Council appoint Daniel & Partners, LLP to act as the Municipal Solicitors for theTownship of Wainfleet.

THAT Council forward a letter to Sullivan Mahoney, LLP thanking them for their years ofservice to the Township of Wainfleet.

EXECUTIVE SUMMARY:

At Council’s direction, staff conducted a tender for the provision of legal services for theTownship. Staff recommends that Daniel & Partners, LLP be appointed to act as the Township ofWainfleet’s Municipal Solicitors.

BACKGROUND:

At a recent Council Meeting, Council passed a resolution directing staff to tender themunicipality’s legal services. In the intervening period, staff prepared a tender package, advertised inthe local newspapers and on the Township’s website. The deadline for tenders was Friday, July 8th.

Two formal submissions were received, one from the firm that is recommended in this reportwhich was in the proper form and another from the Township’s current solicitor stating that they wouldnot be providing a submission due to potentially conflicting situations, which may arise in the futurebetween Wainfleet and other clients of the firm.

The Township will continue to use Sullivan Mahoney, LLP solicitor for legal files that arealready in process and any matters that are referred for legal advice in the period between the closeof tenders and the approval of this report.

Upon approval of this report, the Township will refer legal matters to the newly appointed firm.The Township reserves the right to use other legal providers on a case-by-case basis, for example intimes when expertise in a particular field is required.

OPTIONS/DISCUSSION:

Staff recommends approving the only bidder as the provider of legal services, howeverCouncil may choose to re-tender the legal services in an effort to obtain additional proposals.

ASR-010/2011 2011 07 19Page 2


The hourly rate charged by Daniel & Partners is proprietary information that the firm hasasked not to be revealed during the public meeting; however it represents a substantial savings overour current rate.

OTHERS CONSULTED:

The Town of Pelham was one of several references provided by Daniel & Partners whichprovided an excellent reference over the telephone.

ATTACHMENTS:

None.

Respectfully submitted and approved by,

Scott LueyChief Administrative Officer

DRAINAGE STAFF REPORT DSR-002/2011


FROM: Harold Kelly, Drainage Superintendent


SUBJECT: 2010/2011 Drainage Program Summary

RECOMMENDATION(S):


EXECUTIVE SUMMARY:

The following report is a summary of drainage work carried out within the Municipalityduring 2010 and work which is scheduled to be completed during 2011.

BACKGROUND:

DRAINAGE WORK COMPLETED 2010

ANDREW SHANTZ DRAIN – 5,100 feet of open ditching has been maintained. Sincethe cleaning of the drain, it has been monitored regularly and appears to be working verywell. There is still a culvert replacement under Hwy 3 to be completed, as well as somebank stabilization to the north.

HILDEN DISHER DRAIN – 4,900 feet of open ditching has been maintained. The drainwas starting to become restricted with weeds, and heavily silted in areas. The cleaningwent very well, and it is now providing excellent drainage for the area.

C.S.W.D. – The following drains were also maintained in 2010:

Drain # 1 – 43,500 feetDrain # 13 – 18,000 feet

Last year a total of approximately 22 km of municipal drains were cleaned.

In addition, numerous culvert replacements and bank repairs also took place. Theprogram however, stopped prematurely due to weather conditions in early December.

DRAINAGE WORK SCHEDULED FOR 2011

COSBY DRAIN - Complete cleanout of this drain, approximately 3,300 ft.

BRIDGEWATER EXTENSION – Complete cleanout of the extension, approximately2,000 ft.

PERRY ROAD DRAIN – Complete cleanout of this drain, approximately 8,500 ft.

DSR-002/2011 2011 07 19Page 2

LITTLE FORKS DRAIN – Complete cleanout of this drain, approximately 42,000 ft.

C.S.W.D. # 25 – Complete cleanout of this drain, approximately 17,350 ft.

C.S.W.D. # 13 – Finish cleanout of this drain, approximately 20,000 ft remaining.

If all the work is completed on the above-mentioned drains, then cleanout will also takeplace on the following;



In addition to the work completed on municipal drains, the Township excavator will beused for roadside ditch maintenance and repair.

Additional projects for this year will include the replacement of numerous culverts,beaver dam removals and bank repairs.

The department also hosted a Drainage Open House on April 5, 2011. This meetingwas well attended by local landowners. Various topics were covered such as, the maintenancescheduled for 2011, various landowner concerns, how the drainage program runs, drainagecommon law, etc. Feedback received from landowners has been generally positive, and thedrainage department believes that this meeting was a success

OPTIONS/DISCUSSION:

None


The drainage department has completed the grant forms for 2010, and has alreadyreceived the Drainage Superintendant’s Grant. The department is hopeful to receive theMaintenance Grant in the near future.

OTHERS CONSULTED:

None

ATTACHMENTS:

None

Respectfully submitted by, Approved by

Harold Kelly Scott LueyDrainage Superintendent Chief Administrative Officer

DSR-002/2011 2011 07 19Page 2

LITTLE FORKS DRAIN – Complete cleanout of this drain, approximately 42,000 ft.


C.S.W.D. # 13 – Finish cleanout of this drain, approximately 20,000 ft remaining.

If all the work is completed on the above-mentioned drains, then cleanout will also takeplace on the following;



In addition to the work completed on municipal drains, the Township excavator will beused for roadside ditch maintenance and repair.

Additional projects for this year will include the replacement of numerous culverts,beaver dam removals and bank repairs.

The department also hosted a Drainage Open House on April 5, 2011. This meetingwas well attended by local landowners. Various topics were covered such as, the maintenancescheduled for 2011, various landowner concerns, how the drainage program runs, drainagecommon law, etc. Feedback received from landowners has been generally positive, and thedrainage department believes that this meeting was a success

OPTIONS/DISCUSSION:

None


The drainage department has completed the grant forms for 2010, and has alreadyreceived the Drainage Superintendant’s Grant. The department is hopeful to receive theMaintenance Grant in the near future.

OTHERS CONSULTED:

None

ATTACHMENTS:

None


Harold Kelly Scott LueyDrainage Superintendent Chief Administrative Officer

DRAINAGE STAFF REPORT DSR-003/2011

TO: Mayor A. Jeffs and Members of Council

FROM: Harold Kelly, Drainage Superintendent


SUBJECT: Drainage Advisory Committee Appointments

RECOMMENDATION(S):


THAT Council review and select five members to comprise the Drainage AdvisoryCommittee

AND THAT Council pass a bylaw appointing the five members at a subsequent Councilmeeting.

EXECUTIVE SUMMARY:

As directed by Council, staff advertised the positions and received seven applications forCouncil to review and select a Drainage Advisory Committee

BACKGROUND:

At its April 26th meeting, Council passed a motion instructing staff to prepare a Terms ofReference and as a result Council adopted staff report PWR-008/2011 Terms of Reference forDrainage Committee.

This Committee is a result of Council’s decision to appoint members to a DrainageAdvisory Committee. These positions were advertised on the Township website and in the localnewspaper.

OPTIONS/DISCUSSION:

The Township has received seven applications. Staff have numbered the sevenapplications for confidentiality purposes. The Clerk has circulated each of the applications toCouncil prior to the meeting.

It is now Council’s task to review and select five members to comprise this DrainageAdvisory Committee.


Based on the terms of reference, committee members will not be compensated for theirtime.

DSR-003/2011 2011 07 19Page 2

OTHERS CONSULTED:

None.

ATTACHMENTS:

Appendix “A” – Drainage Advisory Committee Applications*Confidential and circulated to Council only*


Harold Kelly Scott LueyDrainage Superintendant Chief Administrative Officer

BUILDING STAFF REPORT BSR-008/2011


FROM: K. Gennings, Chief Building Official


SUBJECT: Building Permit Report – June 2011

RECOMMENDATION(S):


EXECUTIVE SUMMARY:

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

BACKGROUND:

None.

OPTIONS/DISCUSSION:

None.


None.

OTHERS CONSULTED:

None.

ATTACHMENTS:

Summary Chart of the Building Permit Report – June 2011


Keegan Gennings Scott LueyChief Building Official Chief Administrative Officer

PUBLIC WORKS STAFF REPORT PWR-012/2011


FROM: G. Wuisman, Director of Operations


SUBJECT: Recommendation to Replace Roof on East Public WorksGarage Building

RECOMMENDATION(S):


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

AND THAT Council approve use of monies from the General Reserve to fund thisproject

EXECUTIVE SUMMARY:

The East Public Works Garage Building roof is now showing considerable deteriorationand consequently warrants replacement. Staff recommends that Council approve replacementof this roof and approve funding this project, estimated to be approximately $45,000.00, frommonies in the General Reserve.

BACKGROUND:

The East Public Works Garage Building roof structure is believed to be in excess ofeighty years of age. This winter, the roof started showing signs of structural distress and it wasdetermined that the roof structure was beginning to fail and requires replacement.

Staff determined that the best alternative would be to replace this roof with a system ofnew trusses and metal roofing. The proposed replacement would be consistent with theexisting Public Works garage and once completed, would incorporate this structure with theexisting building and appear as one large structure.

The cost of this project is estimated to be as follows (exclusive of taxes):1. Sheeting, metal roofing, & misc. materials $33,0002. Trusses $ 6,0003. Engineering $ 6,000

Total $ 45,000

These costs are only rough estimates, tendering may result in a significant difference.

PWR-012/2011 2011 07 19Page 2

OPTIONS / DISCUSSION:

Staff did consider a simple roof replacement without incorporating this building with theexisting Public Works building. To carry out a simple replacement, it is estimated to beapproximate 20% less expensive however; staff considers the additional expense to be ofsignificant value to the Township.


Our Treasurer, Ms. Madere, was consulted on funding this non-budgeted project andshe recommended that, if this project is approved, monies be drawn from the Township GeneralReserve.

OTHERS CONSULTED:

The Operations Sub-committee was consulted on this project and approved bringing thisrecommendation to Council.

ATTACHMENTS:

None.


Greg Wuisman Scott LueyDirector of Operations Chief Administrative Officer





SUBJECT: Recommendation to Adopt Recreation Master Plan

RECOMMENDATION(S):


THAT Council adopt the Recreation Master Plan prepared and presented by F.J.Galloway Associates Inc.

AND THAT Council direct staff to begin implementation of the recommendations set outin the Recreation Master Plan.

EXECUTIVE SUMMARY:

Staff is recommending that Council adopt the Recreation Master Plan prepared andpresented by F.J. Galloway Associates Inc.

BACKGROUND:

In the fall 2010, the Township of Wainfleet launched the development of acomprehensive Recreation Master Plan for the community. This Master Plan focused onoutdoor parks, open spaces and community trail resources, recreation facilities and services,and culture resources. The Master Plan’s intent was to guide parks and recreation developmentover the next ten years, with a goal to provide a range of recommendations on the creation of abalanced array of parks and recreation services that meet the current and future needs ofWainfleet residents.

The master planning process undertaken by the Township involved two main phases:• Phase I – Situational Analysis Report;• Phase II – Draft Recreation Master Plan

The first phase of the Recreation Parks Master Plan involved a comprehensiveresearch-based work program for which the inputs, analyses and results are availableunder separate cover entitled Situational Analysis Report for the Township of WainfleetRecreation Master Plan. The research phase involved the following key activities:• A population profile, projections review, and community development profile;• Parks, trails and recreation facilities inventory and assessments of their use and

opportunities related to the lakefront and other resources;• Review of relevant planning, policy and related strategic and policy documents

and materials;• Focus groups, interviews, household survey and a community workshop

involving community and organized group representatives soliciting their input on

PWR-013/YEAR 2011 07 19Page 2

the strengths and weaknesses of the parks and recreation venues and servicesavailable, the services delivery model, future perspectives and needs, etc;

• A financial review of Township’s operating costs for these services;• A trends analysis related to the use of parks and recreation services,

development and delivery.

The final phase, Draft Recreation Master Plan, is available under separate cover entitledVolume II and includes recommendations on the implementation of the keyrecommendations. This document represents the draft Recreation Master Plan for theTownship of Wainfleet. It was reviewed by the Project Steering Committee in May andearly June 2011. It was also presented at a community workshop held on June 22, 2011and received further input.


Should Council disagree with or require further clarification on any aspects of theRecreation Master Plan as prepared and presented, Council may direct the Consultant to re-evaluate or re-analyze the Plan in those specific areas.


As Council is aware, half of the $50,000 allocated for this project was approved in the2010 Township Budget and the remaining half was funded by the Region of Niagara.

Adoption of the Recreation Master Plan as prepared and presented will have noimmediate financial consequence however, implementation of the various recommendations willhave considerable financial impact on a project-by-project basis.

OTHERS CONSULTED:

Not Applicable.

ATTACHMENTS:

None.







SUBJECT: On-Site Sewage System Program Update to Council

RECOMMENDATION(S):

THAT this report be received for information;

EXECUTIVE SUMMARY:

Staff have been working on designing and implementing an in-house Township programto regulate, enforce, and inspect private sewage systems.

The proposed program will be phased in through two stages; the first stage will beimplementation of the regulating and enforcement of Part 8 of the Ontario Building Code and thesecond stage will be implementation of a Mandatory Inspection program.

BACKGROUND:

As Council is aware, to date all private sewage system regulating and enforcement (Part8 of the Ontario Building Code) has been carried out on behalf of our Township by the RegionalMunicipality of Niagara.

Council is also aware that on February 8th, 2011 Bylaw No. 005-2011 was approved.This Bylaw repealed support for the lakeshore water and wastewater servicing project andinstead endorsed the implementation of a “Find, Replace, and Repair” solution to the failing on-site sewage system problem.

Since approval of Bylaw No. 005-2011, staff have been working on designing andimplementing an in-house Township program to regulate, enforce, and inspect private sewagesystems.


Staff continues to be engaged in designing and implementing a Township of Wainfleetprogram to regulate, enforce, and inspect private sewage systems. Staff have consulted withthe Region of Niagara Public Works Department staff, the Ontario Onsite WastewaterAssociation, as well as having carried out their own research. The following is a brief summaryof the program details that staff is intending to propose to Council in the near future.

The proposed program will be phased in through two stages; the first stage will beimplementation of the regulating and enforcement of Part 8 of the Ontario Building Code(regular permit applications, Planning Department comments, Real Estate Inspections, andspecial requests/complaints) and the second stage will be implementation of a MandatoryInspection program. Rough target dates of implementing each are; late fall of 2011 for the

PWR-014/2011 2011 07 19Page 2

implementation of Part 8 and, late spring for the implementation of the mandatory inspectionprogram.

Based on recommendations received, it was decided that a new department specificallytasked with sewage system regulating, enforcement, and inspect services should beestablished. This department would be (at least initially) a distinct and separate departmentfrom the existing Building Department.

The Part 8 program services will be identical to what the Region is currently offering inthe Township. Over the past two years (Calendar years 2009 & 2010) the Region carried outthe following Part 8 application/permit activities in the Township of Wainfleet:

PRIVATE SEWAGE SYSTEM APPLICATIONS

Year PermitsOrders

/ComplaintsReal

EstateSpecial

RequestsPlanning

Applications Total

2009 33 6 11 15 30 95

2010 68 12 12 28 32 152

In order to effectively operate this program, it is anticipated that the Part 8 program willrequire staffing consisting of a Chief Building Official (CBO), Senior Inspector, and anAdministrative Assistant (see attached organizational chart). The CBO position and duties willbe carried out by the Township’s existing Director of Operations and the other two positions willrequire recruitment.

Once the Part 8 program is effectively running (Stage 1), the Mandatory InspectionProgram (Stage 2) will commence. As noted above, this is anticipated to start late spring of2012.

In order to effectively operate the Part 8 program and the Mandatory Inspection programit is anticipated that staffing consisting of a Chief Building Official (CBO), Senior Inspector, aJunior Inspector, an Administrative Assistant, and a number of Inspector’s Assistants (thenumber of Inspector’s Assistants will be dependent on the frequency of inspections) will berequired (see attached organizational charts).

The Mandatory Inspection Program will generally follow the guidelines published by theMinistry of Municipal Affairs and Housing titled “On-Site Sewage System MaintenanceInspections, March 2011”. This Ministry endorsed inspection procedure has two phases.Phase I entails basic information gathering and its purpose is to:

A) Obtain the most recent information on the system, as well as the size of the building andthe number of fixtures and bedrooms that it services;

B) Locate the sewage system’s components;C) Identify any obvious or outward signs of malfunction or failure; andD) Identify systems that are at risk of malfunction or failure.

Should a system be identified as being at risk of malfunction or failure, a Phase IIFollow-up Maintenance Inspection will be ordered. The Phase II inspection will include adetailed examination of the various components of the system in order to identify the source ofthe malfunction, failure, and/or risk.

PWR-014/2011 2011 07 19Page 3

Once the Phase II inspection identifies the cause of the malfunction, failure, and/or risk,the owner will be required to correct the problem and then have the system re-inspected.

Although the Phase I inspection will be carried out by the Township, staff isrecommending that the Phase II inspections be carried out by third party, private companies andthe onus to retain and pay for the third party Phase II be borne solely by the owner. TheTownship would establish qualification criteria for these third party companies and approvethem. The Township could also carry out random audits of the performance of these firms andfailure of the audit could be grounds to remove the approval status.

Some of the decisions that staff will be seeking direction from Council on in theupcoming months will be:

1) Frequency of the mandatory inspections2) Geographical area to be covered by the mandatory inspections

Staff is currently considering either an every 3 year inspection program or an every 5year inspection program. The every 5 year program would require significantly less staffing andwould impose less frequent inspection fees on the owners. Conversely, the every 5 yearprogram leaves a considerable amount of time between inspections. The worst case scenariois the on-site sewage system that fails within the first year of having passed inspection; thissystem would now continue to contaminate the ground water for a possible period of over fouryears before being re-inspected.

During a recent Council meeting, Alderman Konc suggested that staff also considerimplementing mandatory inspections for all properties undergoing ownership transfers.

Staff is also considering whether only the ‘Boil Water Advisory Area” should besubjected to the mandatory inspection program or if the entire Township should be included.The ‘Boil Water Advisory Area” is certainly the stimulus for this program and the only areaidentified as having a ground water issue. Consequently, it is logical that this area be targetedfor mandatory inspections but Council may want to consider extending the program to all areasfor thoroughness, fairness, and equity. Legal consultation may be required to fully explore thisissue.

The following is a brief summary of some of the tasks staff have carried out and/or are inthe process of carrying out related to implementation of this program:

Consulted with the Ontario Onsite Wastewater Association Consulted with the Region of Niagara’s OBC Part 8 staff and the Commissioner

of Public Works Wainfleet’s Director of Operations has written and passed the Ministry’s ‘Powers

and Duties of a Chief Building Official’ Legal/Process exam thereby qualifyinghim to be appointed Chief Building Official (CBO) for the purposes of thisprogram

Established Job descriptions for each of the new positions to be created by thisprogram and submitted them to the Township’s HR consultant for establishing awage range.

Establish the framework for the proposed program Investigated implementation of the Region’s new iDARTS (Integrated

Development Application Recording & Tracking System) software program fortracking and recording Sewage System applications/permits

PWR-014/2011 2011 07 19Page 4


Pursuant to the Building Code and Building Code Act, all costs associated with theimplementation and operation of this program are recoverable through inspection and permitfees. Consequently, this program should have no long term financial impact on ratepayer’sproperty taxes.

Township Treasury staff recently carried out some preliminary Phase I inspection feeestimates based on having to inspect all of the private sewage systems across the Township (~2,900 systems). Fees for both scenarios, inspections every 3 years, and inspections ever 5years, were calculated and are as follows:

TOWNSHIP OF WAINFLEET36 Months 60 Months

Wages andBenefits

$264,269.00

$244,046.00

OtherExpenses 99,600.00 95,150.00

$363,869.00

$339,196.00

# of inspections 967 580

Cost perinspection

$376.29

$584.82

Assumption is that there are 2,900 septic systems to beinspected

OTHERS CONSULTED:

Staff have consulted with the Ontario Onsite Wastewater Association and with theRegion of Niagara’s OBC Part 8 staff and the Region’s Commissioner of Public Works.

The Ministry of Municipal Affair and Housing was also consulted on various matters.

ATTACHMENTS:

1. Organizational Charts – Appendices “A-1” to “A-3”2. The Director of Operations will provide a brief PowerPoint presentation to Council to

support this report



APPENDIX “A-1”

Wainfleet Sewage Systems Regulator Department– OBC Part 8 (only)

Organizational Chart (Fall 2011)

Chief Building Official

Senior Part 8 CertifiedInspector

Administrative Assistant

APPENDIX “A-2”

Wainfleet Sewage Systems Regulator DepartmentOBC Part 8 and Mandatory InspectionsOrganizational Chart (Spring 2012)

(Scenario #1: based on inspecting ~2900 systems every 36 months)

Chief BuildingOfficial

Senior Part 8Certified Inspector(full-time permanent)

AdministrativeAssistant

Inspector’sAssistant #1(Summer Student)


Junior Part 8 CertifiedInspector

(full-time permanent)



APPENDIX “A-3”

Wainfleet Sewage Systems Regulator DepartmentOBC Part 8 and Mandatory InspectionsOrganizational Chart (Spring 2012)

(Scenario #2: based on inspecting ~2900 systems every 60 months)

Chief Building Official

Senior Part 8 Certified Inspector(full-time permanent)

Administrative Assistant(full-time permanent)

Inspector’s Assistant #1(Summer Student)

Junior Part 8 Certified Inspector(full-time permanent)

Inspector’s Assistant #2(Summer Student)

BYLAW ENFORCEMENT STAFF REPORT BESR-001/2011


FROM: Keegan Gennings, Manager of Bylaw Enforcement


SUBJECT: Summary of Complaints January to June, 2011 and 2nd QuarterReport

RECOMMENDATION(S):

THAT this report be received for information purposes.

EXECUTIVE SUMMARY:

During the months of January through June, 2011 there were 17 complaints received bythe Township of Wainfleet. There were 7 complaints resolved during that same time period. Asof June 30, 2011, there were 96 unresolved complaints within the Township.

A summary of the above information is provided below, as are further details regardingthose complaints received during the current reporting period, April through June, 2011 (2nd

quarter).

BACKGROUND:

None.

OPTIONS/DISCUSSION:

None.


None.

OTHERS CONSULTED:

None.

ATTACHMENTS:

Summary of 2011 Complaint Activity- as of June 30, 2011.2011 2nd Quarter Report- New Complaints Received.


Keegan Gennings Scott LueyManager of Bylaw Enforcement Chief Administrative Officer

2011 Summary - January thru June

SUMMARY OF COMPLAINT ACTIVITY 2011Total Complaints Outstanding as of December 31, 2010 86

Complaints Received in2011

Complaints Resolved in2011 Total Complaints

Monthly YTD Monthly YTD Outstanding

January 0 0 January 1 1 As of Jan 31/11 85

February 1 1 February 1 2 As of Feb 28/11 85

March 4 5 March 1 3 As of Mar 31/11 88

April 3 8 April 3 6 As of Apr 30/11 88

May 4 12 May 1 7 As of May 31/11 91

June 5 17 June 0 7 As of Jun 30/11 96

2011 2nd Quarter Report

DateReceived Nature of Complaint

Method ofReceipt

PriorityRating

DateResolved

4/26/11 Property Standards Letter C

4/26/11 Property Standards Letter

4/28/11 Property Standards In Person C

5/9/11 Zoning By-law Infraction Telephone C

5/17/11 Zoning By-law Infraction E-mail C

5/17/11 Zoning By-law Infraction E-mail C

5/24/11 Debris on Private Property Telephone C

6/14/11Animals at Large (otherthan dogs) Telephone B



6/14/11 Property Standards E-mail

6/21/11 Weeds Telephone ATOTAL 12

CORRESPONDENCE REFERRED TO COUNCIL 2011 07 19

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

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

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

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

147. From Stantec Consulting enclosing Notice of a Proposal to Engage in a RenewableEnergy Project for the proposed Niagara Region Wind Project to be located withinHaldimand County and the Niagara Region. A copy of this piece of correspondencehas been circulated to each member of Council and the Manager of Planning.REC. – receive for information.

148. From Play Works enclosing information as to how your community can be recognizedas “youth friendly”. A copy of this piece of correspondence has been circulated toeach member of Council. REC. – refer to Council.

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

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

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

Unregistered

Lake Erie Lakewide Management Plan – Annual Report 2011

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



BYLAW NO. 024-2011

Being a bylaw pursuant to the provisions of Section 34 of thePlanning Act, R.S.O. 1990 to amend Zoning Bylaw No. 581-78 ofthe Corporation of the Township of Wainfleet with respect to thoselands forming Part of Lot 21, Plan 733 and, known municipally as10451 Lakeshore Road.

WHEREAS the Corporation of the Township of Wainfleet has reviewed Zoning BylawNo. 581-78 and deems it advisable to amend same:

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

1. THAT Map 17 to Schedule “B” of Zoning Bylaw No. 581-78, as amended, is herebyfurther amended by changing the zoning from “RR1 – Resort Residential” to “R1-342”as shown on Schedule “A” attached hereto.

2. THAT Section 31 entitled “Exceptions” from Zoning Bylaw 581-78, as amended, ishereby further amended by adding a new subsection, as follows:

327 Notwithstanding the provision of Section 12.3 (c), (e), (e) (i); 12.4(a) (i), (b), (c) to the contrary, the permitted “maximum lotcoverage” for this site is 20.6%, the minimum easterly side yardsetback is 2.57 m, the minimum westerly side yard setback is 2.75m, the minimum westerly accessory side yard setback is .92 m,the maximum assessor lot coverage is 5.10%, and the minimumfront yard setback for the garage is 6m,

3. THAT pursuant to Section 34 (17) of the Planning Act, as amended, no further publicmeeting is required.

4. THAT this Bylaw shall come into force, take effect and be passed on the third and finalreading hereof subject to the provisions of Section 34 of the Planning Act.

BYLAW READ A FIRST TIME THIS 19TH DAY OF JULY, 2011.

BYLAW READ A SECOND TIME THIS 19TH DAY OF JULY, 2011.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS ____ DAY OF ___________2011.

A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE “A” TO BYLAW NO. 024-2011


Lands to be rezoned from “RR1 ResortResidential” to “R1-342”

THIS IS SCHEDULE “A” TO BYLAW NO. XXX-2011.PASSED THIS ____ DAY OF ___________________, 2011.

File No. Z-07-2010(Truman)

MAYOR

CLERK



BYLAW NO. 023-2011

Being a bylaw to amend Bylaw No. 021-2010 being a bylaw togovern the proceedings of the Township of Wainfleet Council, theconduct of its Members and the calling of meetings.

WHEREAS Subsection 238 (2) of the Municipal Act, S.O. 2001, c. 25, as amended,provides that every municipality and local board shall adopt a procedure bylaw for governing thecalling, place and proceedings of meetings;

AND WHEREAS the Council for the Township of Wainfleet deems it necessary toamend Bylaw No. 021-2010 being the Township of Wainfleet Procedure Bylaw;

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

1. THAT subsection 12.1 (viii) be amended to appear after subsection (iv),becoming subsection (v) and that subsequent subsections be renumberedaccordingly;

2. AND THAT subsection 10.7 be amended to strike the words “by 2:00 p.m. on theFriday, prior to the meeting or”;

3. AND THAT this bylaw shall come into force and take effect upon the day of itspassage.

BYLAW READ A FIRST TIME THIS 28TH DAY OF JUNE, 2011.

BYLAW READ A SECOND TIME THIS 28TH DAY OF JUNE, 2011.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 19TH DAY OF JULY, 2011.

A. Jeffs, MAYOR

T. Lamb, CLERK

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Wainfleet council agenda for Tuesday, July 19, 2011

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