THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

COUNCIL MINUTES

MEETING NO. TEN
-
Township Administration Building
318 Canborough Street, Smithville, Ontario
Council:
  • Mayor Dave Bylsma
  • Councillor Cheryl Ganann
  • Councillor Harold Jonker
  • Councillor Mike Rehner
  • Councillor William Reilly
  • Councillor Jason Trombetta
Absent:
  • Councillor Christopher Coady
Staff:
  • Joanne Scime, Clerk
  • Bev Hendry, CAO
  • Donna DeFilippis, Treasurer/Director of Finance
  • Dennis Fisher, Fire Chief
  • Mike DiPaola, Director of Public Works and Recreation
  • Brian Treble, Director of Planning and Building
  • Vanessa Holm, Library CEO
  • Alexa Cooper
  • Jessica Dyson, Deputy Clerk
Others:
  • Tom Richardson, Sullivan Mahoney*
    Sara Premi, Sullivan Mahoney*
    Leslie Heida*
    Jared Marcus, IBI Group*
    Roberta Keith, IT Manager*
    Joe Tomaino*
    Lilly Tassone*
    Phil Shilstra*

     


There were no disclosures of pecuniary interest and/or conflict of interest declared by any Member of Council present with respect to any of the confidential matters discussed. 

  • Moved ByCouncillor Cheryl Ganann
    Seconded ByCouncillor Harold Jonker

    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.
    Carried
  • Moved ByCouncillor Cheryl Ganann
    Seconded ByCouncillor Mike Rehner

    That, this portion of the meeting now resume in open session at the hour of 7:02 p.m.

    Carried

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

  • Moved ByCouncillor Harold Jonker
    Seconded ByCouncillor Jason Trombetta
    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.
    Carried

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

  • Moved ByCouncillor Mike Rehner
    Seconded ByCouncillor William Reilly
    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.
    Carried

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

  • Moved ByCouncillor William Reilly
    Seconded ByCouncillor Cheryl Ganann

    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.

    Carried

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

The Council Meeting recessed at approximately 7:06 p.m. for the Public Meeting under the Planning Act which was chaired by Councillor Ganann, Chair of the Planning/Building/Environmental Committee.

The Council Meeting resumed at approximately 7:07 p.m. 

Prior to proceeding with the remainder of the Council agenda, Mayor Bylsma advised that due to efforts to contain the spread of COVID-19 and to protect all individuals, and to comply with the Province’s state of emergency order, the Council Chambers will not be open to the public to attend Council Meetings until further notice.  Mayor Bylsma stated that as noted on this evening's agenda, if Members of the Public had any comments, they were to email the Clerk by 4:30 pm today and that this will be addressed later in the agenda under "Request to Address Items on the Agenda" section. 

Mayor Bylsma stated that as provided in the public notices for the Site Alteration Applications and the Rezoning Application which was the subject of the Public Meeting under the Planning Act, those individuals that were circulated the respective notice, were provided opportunity to request an invitation to attend this evening Zoom Council Meeting.  Mayor Bylsma stated that there were requests received and these individuals were provided an invitation and may be shown on the Zoom meeting screen of attendees. Mayor Bylsma asked those individuals who were invited as attendees to this evening's meeting to please mute their microphone when not speaking and only un-mute their microphones when they wished or were asked to speak.  Mayor Bylsma stated that this meeting was being audio and video recorded and will be posted on the Township’s web site within 48 hours.

Following the singing of O' Canada and the reading of the opening petition by Councillor Ganann, Mayor Bylsma returned back to the confidential matters section of the agenda for presentation of the resolutions for the three confidential items prior to proceeding with the disclosure of pecuniary interest and/or conflict of interest section (open session) of the agenda.  

There were no changes in order of items on the agenda.

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

Re:  Consent Agenda Item 17.1(4) - Information Report PD-72-20 - 1601-02-19 - Highriver Developments Inc. - WITHDRAWAL
Councillor Ganann declared a conflict of interest/pecuniary interest with respect to this matter as her husband has a business association with one of the adjacent property owners.

1. Correspondence Received from David & Monica Schlome - Site Alteration Application - 2881 South Grimsby Road 5 

The Clerk read into the record correspondence from David and Monica Schlome, regarding 2881 South Grimsby Road 5 being property owned by Mr. Peter Budd which was the subject of a site alteration application for the subject lands.  A copy of the correspondence received from Mr. and Mrs. Schlome is attached to the minutes as Schedule "A".  

Mayor Bylsma noted that the following individuals had requested to attend this evening's Council Meeting and provided the following comments with respect to two site alteration applications and staff reports as noted on the agenda:

2. Phil Schilstra - Site Alteration Application - 8006 Concession 7 Road

Mr. Schilstra stated that he did not have much more information to provide then what has been stated in Staff's Report being considered this evening; however, he noted that prior to bringing fill onto the subject lands and before being approached by staff, he was not aware that the Township had a Site Alteration By-law and that he had not accepted any money and had only took the soil to grade his property.  Mr. Schilstra stated that it was never his intent to be in contravention of the Township's Site Alteration by-law and that he hoped that this matter did not reflect upon his repetition as a builder. 

3. Sto Tritchew - Site Alteration Applicaition - 2881 South Grimsby Road 5

Mr. Tritchew, Rankin Construction (agent for Peter Budd), advised that he had no comments at this time but that he was in attendance this evening to address any concerns and/or answer questions as Mr. Budd's agent.

4. Peter Budd - Site Alteration Application - 2881 South Grimsby Road 5 

Mr. Budd stated that he was only in attendance to assist with any concerns and/or answer questions that may arise with respect to his Site Alteration application. 

5. Leslie Heida - Site Alteration Application - 2881 South Grimsby Road 5

Ms. Heida advised that she lived directly north of the subject lands in question and noted the following concerns:

(1) Excessive noise that has been emanating from the site which has caused her to use noise cancelling headphones while working from home during the pandemic and while dirt was being brought into the site and construction has been occurring. (2)  There has been an excessive amount of dirt that has been brought onto the subject lands in order to build the property up, including a large berm, that has created a lot of dust. (3) The original application stated approximately 300 loads of dirt were being dumped on the site, however, based on her neighbour's estimation, there has been approximately 1,000 loads that has been brought onto the property, to date; and, (4)  The dump trucks have destroyed the road and were pulling out into oncoming traffic holding up vehicles while entering and exiting the property and in her opinion, did not feel the road could withstand the weight and traffic volumes that have been created.

Mr. Tritchew stated that he received a complaint from Ms. Heida which he had responded to and was included in the report attached to the Council agenda.

6. Bruno and Lilly Tassone - Site Alteration Application - 8365 Young Street

Mr. Joe Tomaino stated that he was the authorized agent for Bruno and Lilly Tassone stated that a technical report was being considered this evening, which he and Mr. & Mrs. Tassone were in agreement with and that they were awaiting the recommendation report to brought before Council for consideration.  

In response to Councillor Ganann's inquiry regarding the large amount of soil that had been dumped on the property and how this soil will be used to improve the agricultural use of the land and has the farmer who farms the subject lands provided any input on the amount of soil that is being dumped on the property, Mr. Tomaino stated that although there may seem to be a large amount of soil brought onto the property, the size of the property was quite large.  Mr. Tomaino advised that the subject lands were quite low in the middle and that once the site alteration has been completed you will not see visually from the road, a large difference with the amount of fill being brought in.  Mr. Tomaino stated that Mr. & Mrs. Tassone recently built a new home on the subject lands and that the increase of soil will have no impact on the surrounding lands.  Mr. Tomaino stated that the property was very low which impacted the property from being farmed. 

Further to Mr. Tomaino's comments, Mr. Tassone stated that with the middle of the field was very low and washes away any crops and/or stays as a swamp most of the year therefore making this area not useful and that the intent of bringing in soil was to make this land useful for farming purposes. Mr. Tassone confirmed that his lands were being farmed by a local farmer. 

Re:  Crossings on the Twenty Condo Extension

Mr. Marcus advised that he wished to speak to the matter before Council this evening, being the extension of the Crossing on the Twenty Condominium Agreement and advised that this project was moving forward with the south side of the property currently under construction and that it was hoped by late 2020/early 2021 that this section of the condominium project would be registered pending sales of the units continue.  Mr. Marcus stated that the north side of the condominium has not seen much activity to date other than the sewer line being installed and road reconstruction that had to be completed.  Mr. Marcus further noted that there was interest that was received from someone wishing to purchase the property to the north, however, the sale fell through earlier this year, which resulted in the delay of the property being developed.  Subsequently, Mr. Marcus noted that a pre-consultation meeting was arranged this month with Township staff to move the north condominium project forward with the hope of a site plan application being submitted to the Township in the next couple of months, with servicing commencing late this year/early 2021 and unit construction following closely thereafter with the condominium being registered in late 2021/early 2022, which will hopefully be within the two year time frame for the extension.

Regional Councillor Albert Witteveen read from a prepared statement which is attached as Schedule “B” to the minutes.  Regional Councillor Witteveen provided an update on various Niagara Region issues/initiatives that had occurred over the past month, including an update of issues regarding COVID-19, affordable housing and garbage collection. Regional Councillor Witteveen started off by saying how proud he was of the community and the Region of Niagara residents for helping keep COVID-19 under control as we move into Stage 2.

Councillor Witteveen and Mayor Bylsma discussed concerns relating to garbage collection and their conversations with the Niagara Region Public Works Department staff.   Additional discussion regarding garbage collection continued later in the meeting under Mayor's Remarks. 

Councillors Trombetta, Jonker, Reilly and Rehner voiced their concerns about the garbage collection issues that have been occurring throughout the Township with respect to the delay in picking up garbage and/or recycling.

In response to Councillor Reilly's inquiry regarding the Gypsy Moth issue, Mayor Bylsma stated that the Niagara Region will be working on a tree by-law, which will provide regional consistency over all 12 municipalities, which may form a discussion at that time and that he will be willing to raise any questions then. Mayor Bylsma stated that the municipality has sprayed municipal owned lands to prevent spread; however, he noted that the  spray programs costs on private property are borne by the landowners and that not all property owners in effected areas participating in the program.

Councillor Rehner asked about the breakdown of COVID-19, specifically the number of deaths as the result of COVID-19 and why it was not more specific to each municipality.  Mayor Bylsma stated that the Niagara Region has a great resource on their website that shows active and resolved cases within the Niagara Region, by municipality. 

Further to Mayor Bylsma's comments above, the Fire Chief advised that the deaths of residents in Niagara Region due to COVID-19 are not broken down by municipality.  

Re:  May 25, 2020

  • Moved ByCouncillor Jason Trombetta
    Seconded ByCouncillor Harold Jonker

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

    Carried

Re: June 16, 2020

  • Moved ByCouncillor Jason Trombetta
    Seconded ByCouncillor William Reilly

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

    Carried

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

  • Moved ByCouncillor Cheryl Ganann
    Seconded ByCouncillor William Reilly

    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.

    UnanimousForAgainst
    Mayor Dave BylsmaX
    Councillor Cheryl GanannX
    Councillor Harold JonkerX
    Councillor Mike RehnerX
    Councillor William ReillyX
    Councillor Jason TrombettaX
    Results60
    Carried (6 to 0)

Mayor Bylsma introduced Jessica Dyson, who is the new Deputy Clerk and welcomed her to the Township of West Lincoln. Mayor Bylsma thanked Melinda Dent, Coordinator of Revenue Services, for her great work and years of service with the Township as she retired on June 26th. Melinda will be missed by staff and Council and we wish her all the best on her retirement.

Mayor Bylsma addressed the ongoing concerns that the Township has been facing in regards to waste collection. On June 29th, 2020, Mayor Bylsma advised that he, Regional Councillor Witteveen and Madam CAO, Be Hendry, had a meeting with Catherine Habermebl and Sherri Tait of the Waste Management Services with the Niagara Region. The Mayor acknowledged that Ms. Habermebl and Ms. Tait have been on top of the issues relating to collection of garbage and recycling that have recently arose with respect to collection delays and issues relating to the waste collection company, Canadian Waste Management, and their staff. 

Mayor Bylsma provided statistics that the Niagara Region has been tracking which showed between January 2nd, and June 13th, 2020, Canadian Waste Management (CWM) has completed waste collection on 65 of the 95 days, which is 68% of the days, and approximately 27,111 properties have been missed by CWM, which represents a daily average of 940 properties not receiving collection on their regular collection day.   Mayor Bylsma stated that, as of June 15, 2020, Niagara Region has temporarily withheld issuance of monetary liquidated damages for the events in default during the COVID-19 pandemic.  Mayor Bylsma advised that CWM stated that the reasoning for the delays was due to staffing shortages from COVID-19, increased volume of curbside collection and mechanical issues with the collection vehicles.

Mayor Bylsma addressed that moving forward Niagara Region will be consulting with their legal counsel at all times and CWM has advised that they are committed to increasing staff and rentals as well as having their Road Supervisor back on site. Mayor Bylsma stated that the Niagara Region will continue to assess ongoing issues and liquidated damages, which were concerns that had been raised by some Councillors. The Niagara Region will be providing the Township with more information to provide the public in which will be shared through the Township's media outlets.

There are no Reports of Committee.

There were no items put forward for reconsideration.

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.

  • Moved ByCouncillor Harold Jonker
    Seconded ByCouncillor William Reilly

    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 nos. 4, 7 & 9.

    Carried
  • Councillor Cheryl Ganann declared a conflict on this item. (Re:  Consent Agenda Item 17.1(4) - Information Report PD-72-20 - 1601-02-19 - Highriver Developments Inc. - WITHDRAWAL Councillor Ganann declared a conflict of interest/pecuniary interest with respect to this matter as her husband has a business association with one of the adjacent property owners.)

NOTE:  Councillor Ganann did not participate in discussion nor voting with respect to this matter as she declared a conflict of interest/pecuniary interest with respect to Information Report  PD-72-20 – 1601-020-19 – Highriver Developments – WITHDRAWAL, as her husband has a business association with one of the adjacent property owners.

  • Moved ByCouncillor William Reilly
    Seconded ByCouncillor Harold Jonker

    That, Information Report PD-72-20 - 1601-020-19 - Highriver Developments - WITHDRAWAL, be received for information.

    Carried

Councillor Reilly raised concerns with respect to the economic impact caused by the trucking of fill onto properties and the impact of truck traffic on Township roads.

Councillor Ganann raised concerns regarding trucks finding other alternative routes and the impact that trucking of fill will have on roads, which were not constructed to withstand the amount of traffic that this increase of truck traffic will cause.

In response to Councillor Reilly and Councillor Ganann’s questions and concerns, the Director of Planning & Building stated that this was a technical report on the agenda tonight as staff wanted to hear comments and concerns from Members of Council and the public prior to submitting a recommendation report for Council's consideration. The Director of Planning & Building noted a number of issues staff will consider before bringing a recommendation report. The Director of Planning & Building advised that he did not hear a lot of support with respect to how the new additional fill will improve the land for agricultural purposes. Secondly, the Director of Planning & Building advised that if accept this application was approved, staff would need to undertake an assessment of the roads in order to ensure the roads are in the same condition as to when the project was complete. Lastly, the Director of Planning & Building stated there has been drainage issues raised by neighbours which staff will need to explore before a recommendation report can come forward.

  • Moved ByCouncillor William Reilly
    Seconded ByCouncillor Cheryl Ganann

    That, Technical Report PD-072-20 - Site Alteration Application, 8365 Young Street - Bruno and Lilly Tassone, File No. 3000-001-20, be received for information.

    Carried

Councillor Reilly requested the Treasurer/Director of Finance to provide a brief synopsis of Report No. RFD-T-12-20 - May 2020 Budget Status Report. 

The Treasurer/Director of Finance stated that the additions to this monthly budget status report included updates on COVID-19 and the financial impacts on the municipality. The Treasurer/Director of Finance noted that interest relief on water and taxes ends at the end of June and that the only relief being recommended moving forward was that water shut off cease for the remainder of 2020, with arrears perhaps being added to the property taxes. The Treasurer/Director of Finance addressed cost saving solutions that the Township has provided this year, as well as the overall loss and opportunity cost with an estimated total loss of approximately $859,300.

  • Moved ByCouncillor William Reilly
    Seconded ByCouncillor Harold Jonker

    That, Recommendation Report No. RFD-T-12-20 - May 2020 Budget Status Report be received and the recommendations contained therein be adopted.

    Carried

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

  • Moved ByCouncillor Mike Rehner
    Seconded ByCouncillor Harold Jonker
    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).
    Carried

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

  • Moved ByCouncillor William Reilly
    Seconded ByCouncillor Jason Trombetta
    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).
    Carried

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

  • Moved ByCouncillor Jason Trombetta
    Seconded ByCouncillor Cheryl Ganann
    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.
    Carried

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

  • Moved ByCouncillor Jason Trombetta
    Seconded ByCouncillor William Reilly
    1. That, Report RFI PW-17-2020, re: West Lincoln Community Centre (WLCC) 2019 Update, dated June 29, 2020 be received for information.
    Carried

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

  • Moved ByCouncillor Cheryl Ganann
    Seconded ByCouncillor Jason Trombetta
    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.
    Carried

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)

  • Moved ByCouncillor Harold Jonker
    Seconded ByCouncillor Cheryl Ganann
    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.
    Carried

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

  • Moved ByCouncillor Mike Rehner
    Seconded ByCouncillor Jason Trombetta
    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.
    Carried

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

  • Moved ByCouncillor William Reilly
    Seconded ByCouncillor Harold Jonker
    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.
    Carried

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

  • Moved ByCouncillor Jason Trombetta
    Seconded ByCouncillor William Reilly
    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.
    Carried

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

Mayor Bylsma called for a brief recess of the meeting at approximately 9:21 p.m. and the meeting resumed at 9:24 p.m. 

  • Moved ByCouncillor William Reilly
    Seconded ByCouncillor Cheryl Ganann
    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.
    Carried

Re:  Memorandum - Temporary Patios - Resolution of Council

  • Moved ByCouncillor Cheryl Ganann
    Seconded ByCouncillor Harold Jonker

    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.

    Carried

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

  • Moved ByCouncillor Harold Jonker
    Seconded ByCouncillor William Reilly
    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.
    Carried

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

Councillor Ganann commended staff on their hard work and completion of tasks during a pandemic. Mayor Bylsma echoed Councillor Ganann's comment. 

  • Moved ByCouncillor Mike Rehner
    Seconded ByCouncillor Cheryl Ganann
    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.
    Carried

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

Councillors Trombetta, Ganann and Reilly as well as Mayor Bylsma made comments supporting this report and that it was a good document to have as a reference. The CAO thanked staff for all their hard work and patience.

The CAO noted that the Township will be re-adjusting the splash pad hours to close at 6 p.m. instead of 8 p.m.

  • Moved ByCouncillor Mike Rehner
    Seconded ByCouncillor Jason Trombetta
    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.
    Carried

Re:  Phases of Township Recovery Plan, Provincial Guidelines and Meeting Schedule
WITHDRAWN - SEE BELOW

Following  discussion of Reports RFI-CAO-05-2020 and RFD-CAO-06-2020 brought forward by the CAO, Councillor Trombetta felt that everything that he was going to discuss had been outlined in these reports and therefore he withdrew this item from the agenda.

Re: Emergency Operations Centre (EOC) Information and Questions Period
WITHDRAWN - SEE BELOW

Following discussion of Report  RFD-CAO-06-2020 brought forward by the CAO, Councillor Reilly felt that everything that he wished to discuss had been outlined in this report and therefore he withdrew this item from the agenda. 

Re: Whistleblowing Policy (Town of Grimsby)

  • Moved ByCouncillor William Reilly
    Seconded ByCouncillor Harold Jonker
    1. That Council support the Town of Grimsby Whistleblowing Policy resolution that was sent out last August; and,
    2. That staff be hereby directed to prepare a report to a Whistleblowing Policy at a future committee Council meeting.
    Carried

Re:  Other Business of an Informative Nature

  1. Councillor Jonker
    Re:  BBQ Drive by Fundraiser 
    • Councillor Jonker commented on how well the BBQ drive-by fundraiser went and said that the volunteers did a great job with physical distancing and the health and safety of all. Mayor Byslma noted that the fundraiser raised $4,500 for McNally House.
  2. Councillor Ganann
    Re:  Face Shields
    • Councillor Ganann made supporting comments with respect to the Township's partnership with the West Lincoln Chamber of Commerce with respect to the distribution of 2 face shields per business within the municipality with 103 chamber member businesses and 65 non-chamber businesses being distributed face shields.
  3. Councillor Trombetta
    Re:  Various Items
    • Status of the Regional Road 20 project
      In response to Councillor Trombetta's inquiry regarding the status of Regional Road 20 construction project, the Director of Public Works & Recreation stated that the project was progressing well with the goal of the project wrapping up by the end of the year and with clean up happening in early 2021.
    • Gypsy Moth Issue
      Councillor Trombetta asked what we can tell the residents in regards to the Gypsy Moth issue and if there is anything we can add on our website. In response to Councillor Trombetta's comment, the CAO said that staff will work on getting information up on the Townships website with the Director of Planning & Building mirroring the CAO's comment.
  4. Councillor Reilly
    Re:  Various Items
    • 40 under 40 Winner
      Councillor Reilly congratulated Ms. Vanessa Holm, CEO of the West Lincoln Library, as a recipient of the 40 under 40 award that took place on May 28th, 2020.
    • Face Shields
      Councillor Reilly commented about the great partnership between the Township and West Lincoln Chamber of Commerce and the distribution of face shields to local businesses. 
    • Christmas Parade Committee
      Councillor Reilly advised that the first meeting was last week and are still figuring out a direction of where the Committee is going. Councillor Reilly mentioned that he will report at a later Council meeting updates on the next Christmas Parade Committee meeting. Councillor Reilly also mentioned that he suspects that this year will be different considering the current climate we are facing. 
    • Child Care
      Councillor Reilly mentioned that he has been seeing many comments by the public regarding having a difficult time finding child care, and that this is something that should be addressed to Council. Councillor Reilly stated that this could be something that is addressed in the next term.

There were no new items of business brought forward. 

19.

  • Moved ByCouncillor William Reilly
    Seconded ByCouncillor Jason Trombetta

    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.

    Carried
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 10:07 p.m.