THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA 

MEETING NO. TEN
-
Township Administration Building
318 Canborough Street, Smithville, Ontario

***NOTE TO MEMBERS OF THE PUBLIC: **Due to efforts to contain the spread of COVID-19 and to protect all individuals, the Council Chamber will not be open to the public to attend Council meetings until further notice.**
Public Comments: The public may submit comments for matters that are on the agenda to jscime@westlincoln.ca by June 29, 2020 before 4:30 pm. Comments submitted will be considered as public information and read into public record. The meeting will be recorded and available on the Township’s website within 48 hours of the meeting.


  • Councillor Christopher Coady

    That, the next portion of this meeting be closed to the public to consider the following pursuant to Section 239(2) of the Municipal Act 2001:

    1. Director of Planning & Building (Brian Treble)
      Re:  Confidential Recommendation Report PD-081-20 - Future Steps to Secure 702 John Street, Caistorville
      Applicable closed session exemption(s):
      - litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
      - advice that is subject to Solicitor-Client privilege, including communications necessary for that purpose.
    2. Director of Planning & Building (Brian Treble)
      Re:  Legal/By-law Enforcement Matter - Confidential Report PD-077-20 - Natural Severance - Caistor Centre
      Applicable closed session exemption(s):
      - litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
      - advice that is subject to Solicitor-Client privilege, including communications necessary for that purpose.
    3. Treasurer/Director of Finance (Donna DeFilippis)
      Re: Property Matter & Information Supplied in Confidence by the Federal and Provincial  Governments - Canada Infrastructure Program (ICIP) Rural and Northern Stream Transfer Payment Agreement
      Applicable closed session exemption(s):
      - the security of the property of the municipality or local board;
      - information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them.
  • Councillor Cheryl Ganann

    That, this portion of the meeting now resume in open session at the hour of ______  p.m.

2.1
Director of Planning & Building (Brian Treble)
 

Re:  Confidential Recommendation Report PD-081-20 - Future Steps to Secure 702 John Street, Caistorville
UNDER SEPARATE COVER

  • Councillor Harold Jonker
    1. That, Report PD-081-20, regarding “CONFIDENTIAL Recommendation Report, Future Steps to Secure Property on John Street, Caistorville”, dated June 29, 2020, be RECEIVED; and,
    2. That staff be authorized to proceed as directed in closed session;
    3. That staff report back on an update on this project and next steps, as required.

2.2
Director of Planning & Building (Brian Treble)
 

Re:  Legal/By-law Enforcement Matter - Confidential Report PD-077-20 - Natural Severance - Caistor Centre
UNDER SEPARATE COVER

  • Councillor Mike Rehner
    1. That, Report PD-077-20, regarding “CONFIDENTIAL Recommendation Report, Natural Severance - Caistor Centre”, dated June 29, 2020, be RECEIVED; and,
    2. That, staff be authorized to proceed as directed in closed session.

2.3
Treasurer/Director of Finance (Donna DeFilippis)
 

Re: Property Matter & Information Supplied in Confidence by the Federal and Provincial Governments - Canada Infrastructure Program (ICIP) Rural and Northern Stream Transfer Payment Agreement
VERBAL UPDATE

  • Councillor William Reilly

    That, the Mayor and Clerk be and are hereby authorized to sign the Transfer Payment Agreement with respect to the Investing in Canada Infrastructure Program (ICIP): Rural and Northern Stream Project.

NOTE:  The Public Meeting under the Planning Act will commence at 6:30 p.m.

  1. Zoning By-law Amendment – 1601-002-29 – Leonard & Lynn Snippe (5657 Regional Road 65) – File No. 1601-002-20

NOTE: Items for which conflicts were recently declared at Committee Meeting(s)

NOTE: Requests to address items on the agenda are restricted to specific items as follows per Section 6.7 of the Procedural By-law:
6.7 Public Comment at Council
There shall be no comments from the public permitted at Council unless:
(a) a specific appointment has been scheduled; or,
(b) an item is included under the “Other Business” or “Communications” or “Appointments” section of the agenda and relates to a matter which would normally be dealt with at Committee.

NOTE: The Chair will inquire if there are any members of the public that had contacted/emailed the Clerk prior to 4:30 p.m. as of the day of the Council Meeting who wished to address a specific item on the agenda as permitted by Section 6.7 of the Procedural By-law.

1. Phil Schilstra (Site Alteration - 8006 Concession 7 Road)
2. Sto Tritchew (Site Alteration - 2881 South Grimsby Road 5) 
3. Peter Budd (Site Alteration - 2881 South Grimsby Road 5) 
4. Leslie Heida (Site alteration - 2881 South Grimsby Road 5)

Re:  May 25, 2020

  • Councillor Jason Trombetta

    That, the minutes of the May 25, 2020 regular Council meeting be accepted.

Re: June 16, 2020

  • Councillor Christopher Coady

    That, the minutes of the June 16, 2020 Special Council meeting be accepted.

Re:  Local Share Commitment for the Rebuilding of West Lincoln Memorial Hospital
FOR INFORMATION

Re:  Letter of Support - Commitment to the Local Share of Financing for a new West Lincoln Memorial Hospital
FOR INFORMATION

Re:  Letter of Support - Commitment to the Local Share of Financing for a new West Lincoln Memorial Hospital
FOR INFORMATION

Re:  Declaration for Canadian Coalition of Inclusive Municipalities

  • Councillor Cheryl Ganann

    1.  That, the correspondence received from Ron Tripp, Acting Chief Administrative Officer for the Regional Municipality of Niagara, dated February 28, 2020, requesting the Township of West Lincoln to support the joining of the Coalition of Inclusive Municipalities and signing of the declaration below and participate in a media release and possible media event (as coordinated by Niagara Region with the municipalities); be received and,

    2.That, the following Declaration to Join the Coalition of Inclusive Municipalities be adopted and forward to Niagara Region:

    GIVEN THAT:
    1. The Canadian Commission for UNESCO (United Nations Educational, Scientific and Cultural Organization) is calling on municipalities to join a Coalition of Inclusive Municipalities and to be part of UNESCO's international Coalition launched in 2004; and

    2. The Federation of Canadian Municipalities (FCM) endorses the Call for a Coalition of Inclusive Municipalities and encourages its members to join; and

    WHEREAS:
    3. Municipal governments in Canada, along with other levels of government, have responsibilities under Canada's Charter of Rights and Freedoms as well as federal, provincial and territorial human rights codes, and therefore have an important role to play in combating racism and discrimination and fostering equality and respect for all citizens;

    Be it resolved that:
    4. The Regional Municipality of Niagara, The Corporation of the Town of Fort Erie, The Corporation of the Town of Grimsby, The Corporation of the Town of Lincoln, The Corporation of the City of Niagara Falls, The Corporation of The Town of Niagara-on-the-Lake, The Corporation of the Town of Pelham, The Corporation of the City of Port Colborne, The Corporation of the City of St. Catharines, The Corporation of the City of Thorold, The Corporation of The Township of Wainfleet, The Corporation of the City of Welland, and The Corporation of the Township of West Lincoln agree to join the Coalition of Inclusive Municipalities and, in joining the Coalition, endorses the Common Commitments (see Appendix A) and agree to develop or adapt a joint Plan of Action led by the Regional Municipality of Niagara accordingly .

    5. These Common Commitments and the Municipalities' joint Plan of Action will be an integral part of the Municipalities' vision, strategies and policies.

    6. In developing or adapting and implementing the joint Plan of Action toward progressive realization of the Common Commitments, the Municipalities will cooperate with other organizations and jurisdictions, including other levels of government, Indigenous peoples, public and private sector institutions, and civil society organizations, all of whom have responsibilities in the area of human rights.

    7. The Municipalities will set their priorities, actions and timelines and allocate resources according to their unique circumstances, and within their means and jurisdiction. The Municipalities will exchange their expertise and share best practices with other municipalities involved in the Coalition and will report publicly on an annual basis on actions undertaken toward the realization of these Common Commitments.

There are no Reports of Committee.

(“Definition”) This section is for a Member of Council to introduce a motion to reconsider action taken at this Council Meeting or the previous regular Council meeting. A motion to reconsider must be made by a Council Member who voted in the majority on the matter to be reconsidered. The Chair may rule that a motion to reconsider will be dealt with at the next following Council Meeting if for some reason it cannot be dealt with at this meeting.

(“Definition”) This section is for Council Members to serve notice of intent to introduce a motion to rescind action taken previously by Council. Notice served at this meeting will be for a motion to rescind at the next regular meeting.

NOTE: All items listed below are considered to be routine and noncontroversial and can be approved by one resolution. There will be no separate discussion of these items unless a Council Member requests it, in which case the item will be removed from the consent resolution and considered immediately following adoption of the remaining consent agenda items.

  • Councillor Harold Jonker

    That Council hereby approves the following Consent Agenda Items:

    1. Items 1, 2, 3, 4, 5, 6 and 7 be and are hereby received for information; and,
    2. Items 8 and 9 be and is hereby received and the recommendations contained therein be adopted
    with the exception of Item no.(s)_________________.

Re:  Recommendation Report No. PD-078-20 - Importation of Fill (Mr. and Mrs. Bozich – Schilstra Builders, Agent), 8006 Concession 7 Road, South Grimsby Ward, Township of West Lincoln

  • Councillor Mike Rehner
    1. That, Report PD-078-20, regarding “Recommendation Report, Importation of Fill (Mr. and Mrs. Bozich – Schilstra Builders, Agent), 8006 Concession 7 Road, South Grimsby Ward, Township of West Lincoln”, dated June 29th, 2020, be RECEIVED; and,
    2. That, importing up to 500m3 of additional soil for a total, not exceeding, 3000m3 (300 truckloads) be permitted, provided that the following conditions are met:
      1. That the site is properly graded and topsoil applied in such a manner that the lands can be properly maintained and will adequately grow crop, hay or lawn (as planned).
      2. That the site sketch that was submitted with the application be updated to show finished elevation.
      3. In order to ensure completion of this project, that a $5000.00 security deposit and a site alteration agreement be signed.
      4. That a penalty be imposed such that another non-refundable $1000.00 be paid as a double permit fee.
      5. That a permit such as the one found at attachment 3 to this report be issued following the completion of the conditions above; and,
    3. That open roadside ditches be maintained and entrance permits be approved to the satisfaction of the Township of West Lincoln Public Works Department.
    4. That any requirements of the Niagara Peninsula Conservation Authority (NPCA) must be complied with.
    5. That a by-law be passed to authorize the Mayor and Clerk to enter into an agreement
      with John and Leeanne Bozich (Schilstra Builders – Agent).

Re:  Recommendation Report No. PD-079-20 - Site Alteration Application – Budd Developments Inc. (Rankin Construction Inc. – Agent), 2881 South Grimsby Road 5 being Lot 1, Plan File No. 3000-004-20

  • Councillor William Reilly
    1. That, Report PD-079-20, regarding “Recommendation Report, Site Alteration Application – Budd Developments Inc. (Rankin Construction Inc. – Agent), 2881 South Grimsby Road 5 being Lot 1, Plan M94”, dated June 29th, 2020, be RECEIVED; and,
    2. That, a site alteration permit in a form similar to that found at attachment 3 to this report be approved by Township Council, subject to conditions as noted in the permit; including that the construction of a berm along the CPR lands be halted as it is not part of this permit and that the soil be stock piled on site for the time being.; and,
    3. That, all efforts be taken to acknowledge and protect neighbouring residents, including, but not limited to: dust control, speed control, noise control, obeyance of the highway traffic act, etc. Failure to do so will provide by-law staff with authority to revoke this permit; and,
    4. That, the permit be issued with a $1000.00 penalty for double permit fee to be paid for breach of the permit issued by Township Staff (File No. 3000-002-20).

Re:  Recommendation Report RFD-T-13-20 - Administration Fee for Temporary Bulk Water Accounts

  • Councillor Jason Trombetta
    1. That, Report RFD-T-13-20, dated June 29, 2020 regarding “New Administration Fee for Temporary Bulk Water Accounts”, be received; and,
    2. That, the following changes to By-law 2004-42, being a By-law to Regulate the Supply of Water and to Provide for the Imposition and Collection of Water Rates, be approved and effective July 1, 2020:
      1. Update Section 1, by adding in the definition of “Bulk Water Customer”; and,
      2. Amend Schedule “C” Water Filling Station Rates, to include an “Account Fee for Infrequent Users” section to state a non-refundable, taxable $40.00 administrative fee is to be charged upon each account activation, and by removing the refundable $50.00 daily deposit requirement.
    3. That, Council provide approval for staff to investigate further long-term alternatives to the bulk water financial processes currently in place.

Re:  Information Report RFI PW-17-2020 - West Lincoln Community Centre (WLCC) 2019 Update

  • Councillor Christopher Coady
    1. That, Report RFI PW-17-2020, re: West Lincoln Community Centre (WLCC) 2019 Update, dated June 29, 2020 be received for information.

Re: Recommendation Report No. PD-31-20 -  Approval of a New Sign By-law

  • Councillor Cheryl Ganann
    1. That Report PD-31-2020, regarding "Approval of a new Sign By-law", dated June 29, 2020, be received, and;
    2. That a by-law be adopted at Council in the form found in attachment 1 to this report.

Re:  Recommendation Report No. PD-068-20 - Draft Plan of Condominium Crossings on the Twenty North and South – DeHaan Homes – Request for Extension to Draft Plan Approval, File No. 2100-072-08 CDM (South), 2100-072-09 CDM (North)

  • Councillor Harold Jonker
    1. That, report PD-068-20, regarding “Recommendation Report Crossings on the Twenty Plan of Condominium Request for Extension to Drat Plan Approval – North and South; File No 2100-072-08 CDM (South) & 2100-072-09 CDM (North)”, dated June 29th, 2020 be received; and,
    2. That, the Draft Plan Approval for Crossings on the Twenty Plan of Condominium (North & South) BE EXTENDED FOR A PERIOD OF TWO YEARS, to expire on September 26, 2022, subject to conditions as included in Attachments No. 3 and 4 to this report; and,
    3. That a notice of extension be circulated to relevant agencies and departments.

Re:  Recommendation Report No. PD-067-20 - Peer Reviews on Draft Subdivision Plans within the Northwest Quadrant

  • Councillor Mike Rehner
    1. That, report PD-067-20, regarding “Recommendation Report Peer Reviews on Draft Subdivision Plans within the Northwest Quadrant”, dated June 29th, 2020 be received; and,
    2. That, Staff be authorized to hire a third party planning firm at the expense of the developer to complete peer review of draft plans of subdivisions within the Northwest Quadrant Secondary Plan area, and that the cost of the peer reviews be billed back to the applicants.

RE:  Recommendation Report No. PD-073-20 - Naming of Regional Road 24 as Victoria Avenue

  • Councillor William Reilly
    1. That, Report PD-073-20, regarding “Recommendation Report, Naming of Regional Road 24 as Victoria Avenue”, dated June 29, 2020, be RECEIVED; and,
    2. That, a By-law be passed to name Regional Road 24 as identified in Schedule A “Victoria Avenue”; and,
    3. That, staff notify all residents and agencies affected by this by-law. Further, that should costs be incurred by the public as a result of this change, that such costs (with receipts to a maximum of $100.00) may be submitted to the Township (within 6 months of the passing of by-law) and will be charged to the 911 PERS capital account.

Re:  Recommendation Report No. PD-071-20 - Changes to Planning Fees Effective July 1st, 2020

  • Councillor Jason Trombetta
    1. That, Report No. PD-071-20, dated June 29, 2020, relating to Change to Planning Fees Effective July 1st, 2020, BE RECEIVED; and,
    2. That, By-law 2011-28 (Tariff of Fees for Planning Matters) as amended, be amended by replacing Appendix “A” (Schedule of Fees) with a new Appendix “A” as attached to this report; and,
    3. That the new planning fees take effect on July 1, 2020.

Re:  Recommendation Report No. PD-076-20 - Ground Water Monitoring Wells for Master Community Plan Project and Need for Agreements with Four Property Owners

  • Councillor Christopher Coady
    1. That, Report PD-076-20, regarding “Recommendation Report, Ground Water Monitoring Wells for Master Community Plan Project and Need for Agreements with Four Property Owners”, dated June 29, 2020, be RECEIVED; and,
    2. That, the location of monitoring well MW04 in the vicinity of Anastasia Park be permitted in accordance with the approval of Public Works; and,
    3. That, monitoring wells MW01, MW02, MW03, and MW05 are proposed to be situated on private property with the wells being under the ownership of the Township. Therefore, that a by-law be passed to authorize the Mayor and Clerk to enter into an agreement with each property owner for the well location and maintenance.  The agreement will take the form of attachment 3, subject to the approval of Township legal Counsel.

Re:  Memorandum - Temporary Patios - Resolution of Council

  • Councillor Cheryl Ganann

    WHEREAS the Alcohol and Gaming Commission of Ontario (AGCO) announced that businesses with existing liquor sales licenses are able to temporarily extend patios or temporarily add a new licensed patio for the duration of 2020 in accordance with recent amendments to Regulation 719 of the Liquor License Act and,

    WHEREAS once restaurants and bars are permitted to start to open during Phase 2 as outlined in the Province’s Recovery Strategy, and for the remainder of 2020, compliance with physical distancing measures and any other public health guidelines or orders issued by the Ontario Government and any other applicable level of government will require licenced operators to operate well below maximum capacity; and,

    WHEREAS in order for such a licensed operator to legally extend or adjust their patio temporarily, such licenced establishments must still obtain support from the municipality in which the establishment is situated, and;

    WHEREAS prior to obtaining Municipal support, a resolution from Township Council is required and, since, impacts have already been great, Township Council hereby endorses a blanket resolution to avoid delay, as follows:

    NOW THEREFORE the Council of the Township of West Lincoln hereby approves a blanket resolution of support for such licensed establishments to open and operate patios temporarily and includes extending patios for the duration of 2020 subject to the following:
    a) That the Fire Chief and Chief Building Official are satisfied that appropriate operational criteria are satisfied, and;
    b) That the patio is designed such that all physical distancing measures will be complied with along with any public health guidelines as ordered, and;
    c) That proper site design techniques are used in order to ensure proper separation of the licensed areas from the parking areas and other non-compatible uses.

Re:  Recommendation Report No. PD-083-20 - Road Allowance Transfer – Caistorville United Church (Church Street Road Allowance TP-26) known as Church Street, Caistorville

  • Councillor Harold Jonker
    1. That, Report No. PD-083-2020, regarding “Road Allowance Transfer – Caistorville United Church (Church Street Road Allowance TP - 26) known as Church Street, Caistorville” dated June 29th, 2020, be RECEIVED; and,
    2. That, the road allowance (shown on Attachment 2), former Township of Caistor, now the Township of West Lincoln, be and is hereby declared surplus and is approved for transfer as follows: (the “Property Owners”) (Jeffrey Howard and Michelle Wedawin &Caistorville United Church)
      i. Part 1 to Jeff Howard and Michelle Wedawin, same ownership as Lot 7 and easement in favour of Caistorville United Church
      ii. Part 2 to Caistorville United Church Pt Lot 8 and easement in favour of Jeffery Howard and Michelle Wedawin
      iii. Part 3 to Jeffery Howard and Michelle Wedawin, same ownership as Lot 1
      iv. Part 4 to Caistorville United Church
      v. Part 5 to Region of Niagara (road widening)
      And subject to the following conditions:
      a) That, the lands be surveyed at the expense of the property owners; and,
      b) That, a by-law be passed authorizing the transfer of the former Church Street Registered Plan TP-26, more specifically being Part 1 to 5, of reference Plan 30R-XXXXX (future legal description to be provided); to the Property Owners as outlined above; (see attachment 2),
      c) That, the transfer of the Parts as outlined above to adjacent lands owned by the abutting property owner be conditional on the parcels being merged in title and that the Property Identification Numbers (PINS) for the affected lands be consolidated; and,
      d) That, the Property Owners provide an undertaking that the PINS will be consolidated once the conveyances are completed, and provide satisfactory evidence of the consolidation to the Township; and,
      e) That, all legal, administrative and any other associated costs be paid proportionally by the applicant/property owners
    3. That, notwithstanding the provisions of Township By-law 95-31 and the “Policy for Closing, Declaring Surplus and Selling a Highway or Portion Thereof”, that the requirement for an appraisal and the requirement for public notice be and are hereby waived due to the fact all adjacent property owners are involved and the fact that the road allowance has been used privately for parking purposes and access for Mr. Howard and the Church for many year; and,
    4. That, Mr. David Brenzil, of the Caistorville United Church, Mr. Lou Domjan of Binbrook Masons, and Mr. Jeff Howard and Michelle Wedawin be provided with a copy of Report No. PD-083-2020.

Re: Information Report RFI-CAO-05-2020 – West Lincoln Corporate Strategic Plan 2020 Mid-Year Status Update 

  • Councillor Mike Rehner
    1. That Report RFI-CAO-05-2020 – West Lincoln Corporate Strategic Plan 2020 Mid-Year Status Update dated June 29, 2020, be received for information.

Re: Recommendation Report RFD-CAO-06-2020 - West Lincoln COVID-19 Pandemic Recovery Plan

  • Councillor Mike Rehner
    1. That Report RFD-CAO-06-2020 – West Lincoln COVID-19 Pandemic Recovery Plan dated June 29, 2020, be received for information; and,
    2. That Council hereby approve the Working from Home Policy as found in Appendix B.

Re:  Phases of Township Recovery Plan, Provincial Guidelines and Meeting Schedule
FOR DISCUSSION

Re: Emergency Operations Centre (EOC) Information and Questions Period
FOR DISCUSSION

Re: Whistleblowing Policy (Town of Grimsby)
FOR DISCUSSION

NOTE: Only for items that require immediate attention/direction from Council and must first approve a motion to introduce a new item of business.

19.

  • Councillor William Reilly

    That, leave be granted to introduce By-laws # 2020-57, 2020-54, 2020-58, 2020-59, 2020-60, 2020-61, 2020-62 and 2020-63 and that the same shall be considered to have been read a first, second, and third time with one reading, and are hereby adopted; and,
    That, the Mayor and Clerk be and are hereby authorized to sign and affix the Corporate Seal thereto, any rule of this Council to the contrary notwithstanding.

SUMMARY OF BY-LAWS

A By-law to confirm the proceedings of the Council of the Corporation of the Township of West Lincoln at its regular meeting held on the 25th day of May, 2020 and its special meeting held on the 16th day of June, 2020.

A By-law to regulate the size, use, location and maintenance of signs in the Township of West Lincoln.

A By-law to establish Part 2 on Reference Plan No. 30R-15564 and Part 1 on Reference Plan No. 30R-15565 on North Chippawa Road, and Part 1 on Reference Plan No. 30R-15563 on Concession 2 Road as Public Highway, In the former Township of Caistor, now Township of West Lincoln Regional Municipality of Niagara.

Being a By-law to amend By-law 2004-42, as amended, which regulates the supply of Water and provides for the imposition and collection of Water and Wasterwater rates. (administration fee for Bulk Water)

A By-law to Name a Public Highway in the Township of West Lincoln in the Regional Municipality of Niagara being Regional Road 24 as Victoria Ave.

Being a By-law to Amend By-law 2011-28 which prescribes a Tariff of Fees for the processing of applications made with respect to Planning Matters, as amended. (split up the Subdivision, Condominium and Development Agreement fee)

A By-law to authorize separate agreements between the Corporation of the Township of West Lincoln and each of 
1734234 Ontario Inc. (MW01), Gelandco Inc.(MW02), Emily Rose Griffin, Paul Edwin Griffin, Phil John Griffin, Ross Andres Griffin,Ruth Frances Griffin Estate, and Nora Louise Griffin (MW03), and TEK Corporation (MW05) to complete the ground water monitoring being part of the Subwatershed Study (Wood Environmental)

A By-law to authorize a Site Alteration Agreement between the Corporation of the Township of West Lincoln and John and Leeanne Bozich (Schilstra Builders Inc., Agent) for lands described as Part 16, Conc. Gore A, in the former Township of South Grimsby, now in the Township of West Lincoln being 8006 Concession 7 Road.

The Mayor declared the meeting adjourned at the hour of ________ p.m.

No Item Selected