THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN COUNCIL...

THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

COUNCIL AGENDA

MEETING NO. FIFTEEN HELD: Monday, October 23, 2017 – Township Administration Building, 318 Canborough Street, Smithville, Ontario, - 7:00 p.m.

***NOTE TO MEMBERS OF THE PUBLIC: All Cell Phones, Pagers and/or PDAs to be turned off. Additionally, for your information, please be advised that we are Audio/Video Recording this meeting.***

1. SINGING OF “O CANADA”:

2. OPENING PETITION: Councillor Mike Rehner

3. CHANGE IN ORDER OF ITEMS ON AGENDA:

4. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST:

5. REQUEST TO ADDRESS ITEMS ON THE AGENDA:NOTE: Requests to address items on the agenda are restricted to specific items asfollows 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.

Chair to inquire if there are any members of the public present who wish to address a specific item on the agenda as permitted by Section 6.7 of the Procedural By-law.

6. APPOINTMENTS/PRESENTATIONS:

(a) Mayor Douglas JoynerRe: Presentation – Retirement of Long Term Employee Mr. John Branco from Township of West Lincoln Water Department

(b) Kimberly Hughes, Volunteer Coordinator - McNally House Hospice Re: Vision for the Future of Palliative in West Niagara

(c) Phil Lambert – Associate Director of Infrastructure Planning - Region of Niagara Re: Presentation - Top Ten Things we Learned from Researching Niagara’s Real Estate Market

318 Canborough St. P.O. Box 400 Smithville, ON L0R 2A0 T: 905-957-3346 F: 905-957-3219 www.westlincoln.ca

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Council October 23, 2017

(d) John Ariens, IBI Group Re: Support of Planning Recommendations relating to Smithville Urban Boundary Study

7. CONFIRMATION OF MINUTES:

(a) Council Minutes – RegularRe: September 25, 2017 CONFIDENTIAL MINUTES UNDER SEPARATE COVER Resolution Councillor Dave Bylsma

(b) Public Meeting under the Planning Act Re: October 10, 2017 Minutes Resolution Councillor Cheryl Ganann

8. COMMUNICATIONS:

(a) Suzanne Craig – Integrity CommissionerRe: Presentation of Code of Conduct Report Resolution Councillor Terry Bell

9. MAYOR’S REMARKS:

10. REPORT OF COMMITTEE:

(a) Planning/Building/Environmental CommitteeRe: October 10, 2017 Minutes CONFIDENTIAL MINUTES UNDER SEPARATE COVER Resolution Councillor Joann Chechalk

(b) Administration/Finance/Fire Committee Re: October 16, 2017 Minutes Resolution Councillor Terry Bell

(c) Public Works/Recreation/Arena Committee Re: October 16, 2017 Minutes Resolution Councillor Jason Trombetta

11. RECONSIDERATION:(“Definition”) This section is for a Member of Council to introduce a motion toreconsider 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 onthe matter to be reconsidered. The Chair may rule that a motion to reconsider will bedealt with at the next following Council Meeting if for some reason it cannot be dealt withat this meeting.

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12. NOTICE OF MOTION TO RESCIND:(“Definition”) This section is for Council Members to serve notice of intent to introducea motion to rescind action taken previously by Council. Notice served at this meetingwill be for a motion to rescind at the next regular meeting.

13. OTHER BUSINESS:

(a) Members of CouncilRe: Council Remarks

14. NEW ITEMS OF BUSINESS:NOTE: Only for items that require immediate attention/direction from Council and mustfirst approve a motion to introduce a new item of business.

15. BY-LAWS:(a) By-law 2017-106 To confirm proceedings of September 25, 2017 regular

Council meeting

(b) By-law 2017-107 To Amend By-law 2002-112 which appoints a Committee of Adjustment, delegates the authority for considering applications for Minor Variances and Consents, provides for compensation for the Members of the Committee of Adjustment, adopts policies, procedures and conditions for the operation of the Committee of Adjustment and establishes a Tariff of Fees under the Planning Act (to provide for adjudication of matters relating to new Fence By-law 2017-99)

(c) By-law 2017-108 Zoning By-law Amendment – John Verdonk (File No. 1601-011-17)

(d) By-law 2017-109 To authorize the Township of West Lincoln to enter into a Site Plan Agreement with Catalina Construction & Landscaping Corporation and Meridian Credit Union on lands described as Part Lot 11, Concession 9, being Part of Lot 1 registered plan M98 and RP 30R11919, Part 1; this plan is not a plan of subdivision within the meaning of the Planning Act in the former Township of South Grimsby, now in the Township of West Lincoln

(e) By-law 2017-110 To amend By-Law 97-2030, as amended, which designates private roadways as Fire Routes along which no parking of vehicles shall be permitted (Multi-Use Recreation Site and Wellandport Library)

(f) By-law 2017-111 To authorize an agreement between the Corporation of the Township of West Lincoln and Green Sums Limited for use of a portion of the undeveloped Leisureplex lands

(g) By-law 2017-112 To amend By-Law 2010-20 which Regulates and Licenses Refreshment Vehicles, Refreshment Cycles and Refreshment Carts in the Township of West Lincoln (delegate authority to the Clerk for daily license approvals)

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(h) By-law 2017-113 To authorize an Agreement between the Corporation of the Township of West Lincoln, the Corporation of the Town of Grimsby, the Corporation of the Town of Lincoln, the Corporation of the Town of Niagara On-The-Lake, the Corporation of the Town of Pelham and the Corporation of the City of Thorold and the Herrington Group Ltd. for a two year period from February 1, 2018 to January 31, 2020 for the provision of Consulting Services relating to the administration of the Joint Accessiblity Advisory Committee

(i) By-law 2017-114 To authorize an Agreement between the Corporation of the Township of West Lincoln and Norjohn Contracting and Paving Limited for road and bridge restoration works

(j) By-law 2017-115 To authorize an Agreement between the Corporation of the Township of West Lincoln and Pipeflo Contracting Corp. for Wade Road, Colver Street and Station Street sanitary sewer rehabilitation

(k) By-law 2017-116 To authorize an Agreement between the Corporation of the Township of West Lincoln and Gedco Excavating Ltd. for Thompson Road sanitary sewer upgrade

Resolution Councillor Mike Rehner

16. CONFIDENTIAL MATTERS:Resolution (into closed session) Councillor Dave Bylsma Resolution (out of closed session) Councillor Cheryl Ganann

(a) Acting CAO/Clerk (Carolyn Langley) Re: Personnel Matter – CAO Recruit Update Applicable closed session exemption(s): - Personal matters about an identifiable individual, including municipal

or local board employees; - Labour relations or employee negotiations VERBAL UPDATE

(b) Acting CAO/Clerk (Carolyn Langley) Re: Personnel Matter – Staffing Issues Applicable closed session exemption(s): - Personal matters about an identifiable individual, including municipal

or local board employees; - Labour relations or employee negotiations VERBAL UPDATE

17. ADJOURNMENT:

The Mayor declared the meeting adjourned at the hour of _______.

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Listening To Our Community Presented by Kimberly Hughes

McNally House Hospice

About McNally House Residential hospice Emphasize living rather than dying 6 private rooms with 24/7 care and support Proud community partner

About The Campaign New, cheeky and bold way to engage our community Partnership with Saint Elizabeth Health Care

• First run in Georgian Triangle with amazing results

Opportunity to ask our community how else we can be a support

Campaign Goal Goal

• Connect with our community at events, through social media and advertising to visit the site and take a 7 minute survey

Timing • Oct 6 | Soft launch • Oct 9 – 27 | Public push • Nov | Review and analyze feedback • Early 2018 | Share finding

Why We Are Listening Hospice care is evolving Thinking about our future and how best to support community

Why We Are Listening Interested in end of life care AND helping individuals and caregivers dealing with a life limiting disease Want to hear from you before we make plans

Would You Talk With Hospice?

Help Spread The Word Tell your friends in person Tell your friends on Facebook Share our posters and postcards TAKE THE SURVEY

Help Spread The Word ItWontKillYouToTalkWithUs.ca Tweet us @McNallyHospice Find us on Facebook Tell us where else we should be Postcards

Thank you McNally House Hospice 148 Central Avenue Grimbsy, ON L3M 4Z3 905.309.4013 | mcnallyhousehospice.com [email protected] @McNallyHospice

THINGS WE LEARNED FROM RESEARCHING

NIAGARA’S REALESTATE MARKET

THE

LIST



Background

• Research completed by PMA Brethour Realty Group in 2016

• Included focus groups and surveys with “new” residents, as

well as interviews and surveys with builders/developers

• Research supported many council priorities (grow population

by 10,000, youth retention, global attractiveness)

• Many activities are already underway to address the

recommendations of the report



10. 91% of homeowner surveyed were likely to recommend Niagara

Region as a place to live to their family and friends



9. Attracting young professionals should be a priority



8. Builders and Developers ranked their experience marketing lots

and/or homes as 5.7 out of 10



7. Builders and Developers are 3 times more likely to see expedited

approvals as an incentive than reduced Development Charges



6. Niagara Region Development Charges compared favourably to

surrounding areas (even with recent increase)



5. New homeowners surveyed did not have a high-ratio mortgages

(being less than 20% down payment)



4. Niagara Region has a strong new-home market geared towards

empty nesters and retirees



3. Make residential development a priority



2. Affordable Real Estate was ranked the top reason for choosing to

move to Niagara, with enjoyable area amenities and community safety

as second and third



1. Focus on marketing Niagara to prospective residents

Media Relations Campaign

• Staff are working on a fulsome media relations

campaign to share the positive results of the report

with media platform outside of Niagara’s market

• This could include coverage on radio, television and

major print publications

• The “pitch” will focus on Niagara’s affordability,

amenities and high quality of life

• Anticipated coverage will be in late October, early

November

Questions?

From: John Ariens Sent: October 12, 2017 1:21 PM To: Carolyn Langley; Brian Treble Cc: Timberlee Djm; Angela Buonamici Subject: Smithville Urban Boundary Study Good Afternoon—I understand that the above Study was recommended to be initiated by the Planning Committee and that Council will be asked to endorse this recommendation at the next meeting. Please accept this email as my request to appear as a delegation to speak in support of the Committee recommendation. Kindly confirm—thanks: John John Ariens MCIP, RPP Associate Director | Practice Lead, Planning IBI GROUP Suite 200, East Wing 360 James Street North Hamilton ON L8L 1H5 Canada tel +1 905 546 1010 ext 63109 fax +1 905 546 1011


COUNCIL MINUTES MEETING NO. FOURTEEN HELD: Monday, September 25, 2017 – Township Administration Building, 318 Canborough Street, Smithville, Ontario - 7:03 p.m. PRESENT: Council: Mayor Douglas Joyner Councillor Terry Bell Councillor Dave Bylsma Councillor Joann Chechalk Councillor Cheryl Ganann Councillor Jason Trombetta Staff: Carolyn Langley, Acting CAO/Clerk Joanne Scime, Deputy Clerk Others: Heidi Burgess, United Way* Graeme Dargavel, United Way*

Mark H. Gainham* Aleta Thompson* John Thompson* Catherine Gainham* Marion Gainham* Philip Gainham* David Vollick, Town Crier – City of Burlington* Allan Freeman, Town Crier – City of Hamilton* Karen Freeman* David McKee, Town Crier – City of Brantford* Wayne Daniels* Judy Willems, Alzheimer Society of Niagara Region* Mr. Allan Harris* Tom Pekar, Town Crier – Port Colborne/NOTL* And approximately 2 other members of the public*

Media: Scott Rosts, Grimsby-Lincoln News/Niagara This Week* Absent: Councillor Mike Rehner (notification provided – with regrets)

* IN ATTENDANCE PART TIME

1. SINGING OF “O CANADA”: 2. OPENING PETITION: Councillor Cheryl Ganann


Council September 25, 2017 Page 2 3. CHANGE IN ORDER OF ITEMS ON AGENDA:

There were no changes requested to the order of items on the agenda. 4. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST:

There were no disclosures of pecuniary interest/conflicts of interest declared by any Members of Council.

5. REQUEST TO ADDRESS ITEMS ON THE AGENDA:

There were no members of the public present who wished to address a specific item on the agenda as permitted by Section 6.7 of the Procedural By-law.

6. APPOINTMENTS/PRESENTATIONS:

(a) Mark H. Gainham Re: Presentation of Items from the late Jim Green, West Lincoln Town Crier

Mr. Mark Gainham advised that he was the stepson of the late Jim Green and introduced members of his family. Mr. Gainham presented Mayor Joyner with a number of boxes which included pictures, a number of Jim’s Town Crier uniforms as well as a copy of the last book that he wrote, which was the only printed copy, and that he requested be given to the Smithville Library for their special collection. Mr. Gainham noted that Jim wrote four books during his lifetime which are based on flying planes as he was a navigator in the RAF and had become a pilot after moving to Canada and that although there were no printed copies of these books he could provide them in electronic form. Mr. Gainham advised that there were a number of Town Criers from the area who were also in attendance this evening and who would like to say a few words. The following Town Criers spoke with respect to Jim and related their memories of him: Town Crier - Allan Freeman (City of Hamilton) Town Crier – David McKee (City of Brantford) Town Crier – David Vollick (City of Burlington) Mr. Vollick along with the other Town Criers in attendance rang their bells in honour and memory of their commerade, Mr. Jim Green. Mr. Gainham concluded by advising that the family was donating $1,000 towards the construction of a display case for the uniforms that Jim had worn over the years as the Township’s Town Crier. Mr. Phillip Gainham (Mark’s son) came forward and presented a cheque to Mayor Joyner. Mayor Joyner thanked the family of the late Jim Green for attending this evening’s Council meeting and for their generous donation.

Council September 25, 2017 Page 3

(b) Judy Willems, Board of Directors Member – Alzheimer Society of Niagara Region Re: Alzheimer Society – Annual Coffee Break Campaign Ms. Judy Willems, Board of Directors Member read from a prepared statement (attached as Schedule “A”) regarding the Alzheimer Society’s Coffee Break Campaign, which raised more than $77,000 last year with a goal of $100,000 for this year. Ms. Willems encouraged the Township to host a Coffee Break event in support of the Alzheimer’s Society and presented a “Coffee Break” kit to Mayor Joyner.

(c) Graeme Dargavel, Campaign Associate, United Way of St. Catharines & District & Heidi Burgess, United Way Volunteer Re: PowerPoint Presentation – Current Projects and Community Impact Ms. Heidi Burgess, United Way Volunteer reviewed a PowerPoint presentation which was included in the agenda and outlined how support given through donations are used by the United Way to change people’s lives (i.e. Backpack for Kids, Welcome Home Kit, Free After-School Programs (currently in St. Catharines & Thorold), Brushed Aside (dental care access fund), and Giving Gardens (sponsored by John Deere)). Ms. Burgess noted some of the new initiatives with this year’s campaign, including: (1) Verge Insurance Group – New Donor Match - matches gifts of $250 from

new donors to a total limit of $25,000; and, (2) The Ontario Paper Thorold Foundation - $25,000 Leadership Challenge -

matches annual donations of $1200 to a total limit of $25,000.

Additionally, Ms. Burgess noted that Lord Mayor Pat Darte, Niagara-on-the-Lake, has challenged all municipalities in the Niagara Region to increase their workplace campaign and the municipality with the largest increase will be the winner. In conclusion, Ms. Burgess noted that if Township Council and/or staff were aware of any agencies that require funding that they should contact her or the United Way Niagara Office.

7. CONFIRMATION OF MINUTES:

(a) Council Minutes – Regular Re: August 21, 2017 Moved by Councillor Terry Bell and seconded by Councillor Dave Bylsma:

That, the minutes of the open session portion of the August 21, 2017 regular Council meeting be accepted; and,

That, the confidential minutes relating to the closed session portion of the August 21, 2017 regular Council meeting be accepted; and that the minutes remain confidential and restricted from public disclosure in accordance with exemptions provided in the Municipal Freedom of Information and Protection of Privacy Act. - Carried


(b) Council Minutes – Special Re: September 11, 2017 Moved by Councillor Dave Bylsma and seconded by Councillor Terry Bell:

That, the minutes of the September 11, 2017 Special Council meeting be accepted. - Carried

(c) Public Meeting under the Planning Act

Re: September 11, 2017 Minutes Moved by Councillor Cheryl Ganann and seconded by Councillor Terry Bell:

That, the minutes of the public meeting held on September 11, 2017 under Section 34 of the Planning Act, with respect to: (a) Zoning By-law Amendment – John S. Verdonk – File No. 1601-011-17

be accepted. - Carried 8. COMMUNICATIONS: There were no communications. 9. MAYOR’S REMARKS:

Mayor Joyner advised that he had recently attended the 50th Anniversary of the St. Ann’s Community Church on Saturday evening which included a church service and dinner and that many individuals came forward and spoke about their memories of the church and attendance at the various activities that took place at the church. Mayor Joyner advised that he attended the Grand Opening for Willow Tree Studios which was held on Thursday, September 14, 2017 at 10:00 a.m. with a very good turnout of approximately 20 to 30 people. Mayor Joyner thanked the Smithville Christian Reformed Church for inviting him to their last service in their church and the “ground breaking” ceremony for their new church which will be constructed on the same site as their church on Regional Road 14 (Smithville Road).

10. REPORT OF COMMITTEE: (a) Planning/Building/Environmental Committee Re: September 11, 2017 Minutes

SUMMARY OF RECOMMENDATIONS: (a) ITEM P94-17

RECOMMENDATION #1: That the Planning/Building/Environmental Committee hereby approves the following Consent Agenda Items:


1. Item 1 be and is hereby received for information 2. Items 2 to 4 be and are hereby received and the recommendations

contained therein be adopted, with the exception of Items 3 and 4.

(ITEMS P94-17 #1 and #2 1. ITEM P94-17(1)

That, the Public Advisory Committee (PAC) Minutes of July 18, 2017 be approved.

2. ITEM P94-17(2) 1. That, Report PD-123-17, regarding “Revised Subdivision

Agreement Authorizing By-law, Olde Town Gateway Estates/Smithville Station now being developed by Marz Homes (Smithville Station) Inc.”, dated September 11, 2017, be RECEIVED; and,

2. That, it be hereby recommended that a By-law be adopted for the purpose of authorizing the Mayor and Clerk to sign a By-law to enter into a Subdivision Agreement between the Township of West Lincoln and Marz Homes (Smithville Station) Inc.; Smithville Old Towne Inc.; Triber MHSS Inc. and Marz Homes Holdings Inc.; and Royal Bank of Canada; and,

3. That, previous authorizing by-law 2017-21 be and is hereby repealed; and,

4. That the Mayor and Clerk be authorized to sign any other document or documents necessary to implement the intent of this By-law and/or the subdivision agreement.)

RECOMMENDATION #2: (Item P94-17(3) - Report PD-118-17 - Updates on Natural Heritage Policies for the Growth Plan for the Greater Golden Horseshoe) (1) That, report PD-118-17, regarding “Updates on Natural Heritage

Policies for the Growth Plan for the Greater Golden Horseshoe”, dated September 11, 2017 be RECEIVED; and,

(2) That the Province provides detailed mapping to each Lower Tier Municipality at a scale that is legible and readable for review and approval.

RECOMMENDATION #3: (Item P94-17(4) - Report PD-119-17 - Agricultural System Mapping and Implementation Procedures for Consultation) (1) That, report PD-119-17, regarding the “Agricultural System

Mapping and Implementation Procedures for Consultation”, dated September 11, 2017 be RECEIVED; and,

(2) That the Province provide the Agricultural Land Base mapping to the Township of West Lincoln for review and consideration be given to the impacts of the existing fragmented parcel fabric west of Smithville on Highway 20 to the Niagara/Hamilton border.


(b) ITEM P95-17 That, the letter of resignation received on August 29, 2017 from Mr. Mike Jankowski from the Public Advisory Committee on Wind Turbines effective immediately be received with regrets.

(c) ITEM P96-17

(1) That, report PD-129-17, regarding “John Verdonk Application for Rezoning File Number 1601-011-17”, dated September 11, 2017, BE RECEIVED; and,

(2) That, a Recommendation Report be presented at a future Planning/Building/ Environmental Committee meeting.

(d) ITEM P97-17 (As Amended)

(1) That, report PD-127-17, regarding “New Fence By-law”, be RECEIVED; and

(2) That the proposed draft Fence By-law be brought forward for adoption at the next Council meeting, September 25, 2017 and shall be in effect for October 15, 2017; and,

(3) That, staff be and are hereby authorized to place an advertisement in the local Thursday newspaper and Niagara Farmers Monthly next issue advising the public of the Township’s intent to adopt a new fence by-law at the Monday, September 25th, 2017 Council meeting, prior to ratification by Council.

(e) ITEM P98-17

(1) That, Report No. PD-110-17, dated September 11, 2017, relating to Change to Planning Fees Effective October 1, 2017, BE RECEIVED; and,

(2) That By-law 2002-112, (Committee of Adjustment Tariff of Fees), be amended by replacing Schedule “D”, Tariff of Fees, with a new Schedule “D” as attached to this report; and,

(3) That, By-law 2011-28 (Tariff of Fees for Planning Matters) be amended by replacing Appendix “A” (Schedule of Fees) with a new Appendix “A” as attached to this report; and,

(4) That the new planning fees take effect on October 1, 2017.

(f) ITEM P99-17 (1) That, report PD-117-17, regarding “NPCA Policy Review - DRAFT

Living Landscape Document for Public Consultation” dated September 11, 2017 be RECEIVED; and,

(2) That, NPCA Staff be invited to a future committee meeting to discuss this policy report and the parallel mapping project and its impacts on West Lincoln and Wellandport and area.

(g) ITEM P100-17

(1) That, Report PD-126-17, regarding the “Smithville Urban Expansion Project”, dated September 11, 2017 be RECEIVED; and,


(2) That Township staff and Regional staff establish a timeline; process; terms of reference and budget for the entire work plan and report back to a future Planning/Building/Environmental Committee meeting.

(h) ITEM P108-17

(1) That, Confidential Report No. PD-125-17 regarding a Legal and Personal Matters Relating to an Identifiable Individual, more specifically with respect to a Minor Variance application be received; and,

(2) That, staff be and are hereby authorized to proceed as directed in closed session.

(i) ITEM P109-17

(1) That, Confidential Report No. PD-124-17 regarding a Legal and Personal Matters Relating to an Identifiable Individual, more specifically with respect to a Minor Variance or Rezoning application be received; and,

(2) That, staff be and are hereby authorized to proceed as directed in closed session.

Moved by Councillor Joann Chechalk and seconded by Councillor Jason Trombetta:

That, the minutes of the open session portion of the September 11, 2017 Planning/ Building/Environmental Committee meeting, be accepted, and the recommendations contained therein, be approved; and, That, the confidential minutes relating to the closed session portion of the September 11, 2017 Planning/Building/Environmental Committee meeting be accepted; and that the minutes remain confidential and restricted from public disclosure in accordance with exemptions provided in the Municipal Freedom of Information and Protection of Privacy Act. - Carried

(b) Administration/Finance/Fire Committee Re: September 18, 2017 Minutes

SUMMARY OF RECOMMENDATIONS: (a) ITEM A70-17

The Administration/Finance/Fire Committee hereby approve the following Consent Agenda Items: 1. Item 1 be and is hereby accepted; and, 2. Item 2 be and is hereby received for information; and 3. Item 3 be and is hereby received and that the recommendations

contained therein be adopted. (ITEM A70-17 1. That the Joint Accessibility Advisory Committee minutes of meetings

held on August 10, 2017, be accepted. 2. That the West Lincoln Mayor’s Youth Advisory Committee (MYAC)

Minutes of a meeting held on June 7, 2017 be received for information.


3. (1) That, Report RFD-C-10-2017 dated September 18, 2017, regarding the “Approval of Agreement on Share of Assessment due to Land Severance”; be received; and

(2) That, the following drainage apportionment agreements relating to the following properties/files, be and are hereby approved by Council:

(a) Douglas & Elsie Crown)

(b) ITEM A71-17 That the request from Garth Manning, Q.C., Member, CCSAGE Naturally Green for support of the principles of their Application for Judicial Review in the Divisional Court at Ottawa, be received.

(c) ITEM A76-17

1) That report, RFD-T-19-17, regarding Section 357/358/359 Applications, dated September 18, 2017 be received; and,

2) That the list of applications as contained in Appendix A to report RFD-T-19-17 be approved.

(d) ITEM A77-17

1) That report, RFD-T-20-17, regarding Section 357 Application - Roll Number 2602 020 005 06102, dated September 18, 2017, be received; and,

2) That the Section 357 application received for Roll Number 2602 020 005 06102 for the year 2016, be denied.

Moved by Councillor Terry Bell and seconded by Councillor Dave Bylsma:

That, the minutes of the open session portion of the Administration/Finance/Fire Committee meeting held on September 18, 2017 be accepted and that the recommendations contained therein, be approved; and,

That, the confidential minutes relating to the closed session portion of the September 18, 2017 Administration/Finance/Fire Committee meeting be accepted; and that the minutes remain confidential and restricted from public disclosure in accordance with exemptions provided in the Municipal Freedom of Information and Protection of Privacy Act. - Carried

(c) Public Works/Recreation/Arena Committee Re: September 18, 2017 Minutes

SUMMARY OF RECOMMENDATIONS: (a) ITEM PW45-17 (As Amended)

That, the correspondence dated August 31, 2017, from Chris Zanuttini, Principal - St. Martin Catholic Elementary School, requesting that an additional crossing guard be placed at Streamside Drive, be received and approved and implemented.

(b) ITEM PW46-17 (As Amended)

1. That, Report RFD PW-27-2017, re: Speed Limit Reduction in the Hamlet of Silverdale on Sixteen Road and Silverdale Rd, dated September 18, 2017 be received; and,


2. That, Council amend Schedule ‘W’ of By-Law 89-2000, by reducing the speed limit from 80 kilometres per hour to 60 kilometres per hour on Sixteen Road from 500 metres West of Silverdale Road to 500 metres East of Silverdale Rd; and,

3. That, Council amend Schedule ‘W’ of By-Law 89-2000 by reducing the speed limit from 80 kilometres per hour to 60 kilometres per hour on Silverdale Road from 500 metres South of Sixteen Rd to 500 metres North of Sixteen Rd; and,

4. That staff be directed to undertake a review of appropriate speed approaches in all hamlet areas in West Lincoln, as part of the 2018 budget.

(c) ITEM PW47-17

1. That, Report RFD PW-28-2017, re: Speed Limit Reduction on South Grimsby Road 6, dated September 18, 2017 be received; and,

2. That, Council amend Schedule ‘W’ of By-Law 89-2000 by adding a speed limit restriction of 50 kilometres per hour (kph) on South Grimsby Road 6 from Regional Road 20 to 200 metres South of Regional Road 20.

(d) ITEM PW48-17

1. That, Report No. RFD PW-29-2017, dated September 18, 2017, regarding “Harvest Routes – Request for Approval of One Refreshment Cart License be received; and,

2. That, the following application for Refreshment Cart License to operate on Saturday, September 30th, 2017 for a one day event as part of the Township’s Harvest Routes festival, be received and approved subject to the applicants meeting the requirements of the Refreshment Cart Licensing By-law 2010-20 as confirmed by the Coordinator of Recreation Services:

i) I Dream of Weenie (Owner – Amber Hendricks) and,

3. That, this recommendation be approved prior to ratification of Council in order to provide sufficient time to promote the refreshment vehicles/carts at the Harvest Routes festival.

Moved by Councillor Jason Trombetta and seconded by Councillor Joann Chechalk:

That, the minutes of the Public Works/Recreation/Arena Committee meeting held on September 18, 2017 be accepted and that the recommendations contained therein, be approved. - Carried

11. RECONSIDERATION:

There were no items put forward for reconsideration.

12. NOTICE OF MOTION TO RESCIND: There were no notices of motion to rescind action taken previously by Council.

Council September 25, 2017 Page 10 13. OTHER BUSINESS:

(a) Director of Planning & Building (Brian Treble) Re: Memo - Development Agreement By-law – Certain Things Holding Inc. – Name Change and add Mortgage Holder Received for information

(b) Director of Planning & Building (Brian Treble)

Re: Memo – Site Plan Agreement By-law - Smithville Christian Reformed Church – Add Mortgage Holder Received for information

(c) Members of Council

Re: Council Remarks

1. Councillor Jason Trombetta Re: Leisureplex Tournament

Councillor Trombetta advised that he had received a couple of phone calls regarding the fact that the main washrooms at Leisureplex were not open as there were a number of participants and patrons attending tournaments (4/5 soccer fields being used) at the park, who had to use the two portable washrooms near the parking lot area, which were in poor condition and he questioned the protocol for having the main washrooms opened during tournaments. Direction was given to the Acting CAO/Clerk to investigate this matter and report back.

2. Councillor Joann Chechalk Re: West Niagara Fair

Councillor Joann Chechalk congratulated the West Niagara Agricultural Society on another successful Fall Fair, which was held from Thursday, September 7th, 2017 to and including Sunday, September 10th, 2017, and included some new events that generated a lot of interest and enthusiasm within the community.

3. Councillor Cheryl Ganann

Re: Niagara Pallets – Open House Event

Councillor Ganann advised that Niagara Pallets hosted an Open House on Friday, September 22, 2017, which included a barbeque sponsored by Country Boys with the proceeds going to West Lincoln Community Care, and an informative tour of their facility.

4. Councillor Terry Bell

Re: Niagara Pallets Open House and Harvest Routes Event

Councillor Bell thanked Niagara Pallets for hosting an Open House of their facility, which was well attended and for sharing their future plans to


expand their operations which will create further employment opportunities for residents of the community. Councillor Bell advised that he will be unable to attend the Annual Harvest Routes Festival on Saturday, September 30th, 2017 as it is his mother’s 90th Birthday.

5. Mayor Douglas Joyner

Re: Harvest Routes Event

Mayor Joyner advised that the Township will be hosting their annual Harvest Routes Festival (celebration of arts and culture) on Saturday, September 30th, 2017 commencing at 10:00 a.m. until 3:00 p.m. with workshops being held at College Street Public School, Gainsborough Public School and Abingdon Community Centre as well as at Smithville Library and Caistorville Library. Mayor Joyner noted that there are various workshops being held at each of the above noted locations and that there were only a few spaces left in each of the workshops and he encouraged anyone wishing to attend these workshops to contact staff as soon as possible.

14. NEW ITEMS OF BUSINESS: There were no new items of business. 15. BY-LAWS:

Moved by Councillor Dave Bylsma and seconded by Councillor Terry Bell:

That, leave be granted to introduce By-laws # 2017-96, 2017-97, 2017-98, 2017-99, 2017-100, 2017-101, 2017-102, 2017-103, 2017-104 and 2017-105 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 2017-96 To confirm proceedings of August 21, 2017 regular Council meeting & September 11, 2017 special Council meeting

(b) By-law 2017-97 To appoint a Secretary-Treasurer and an Assistant Secretary-Treasurer to the Committee of Adjustment for the Corporation of the Township of West Lincoln (Alexa Cooper and Tara McLachlan) (Repeal By-law 2017-12)

(c) By-law 2017-98 To authorize a Subdivision Agreement with the Corporation of

the Township of West Lincoln and Marz Homes Holding


(Smithville Station) Inc.; Smithville Old Towne Inc.; Triber MHSS Inc. and Marz Homes Holdings Inc.; and the Royal Bank of Canada (and Repeal By-law 2017-21)

(d) By-law 2017-99 To regulate the maintenance and erection of fences in the

Township of West Lincoln (Effective October 15, 2017) (e) By-law 2017-100 To amend By-law 2002-112 which appoints a Committee of

Adjustment, delegates the authority for considering applications for minor variances and consents, provides for compensation for the Members of the Committee of Adjustment, adopts policies, procedures and conditions of the operation of the Committee of Adjustment, and establishes a Tariff of Fees under the Planning Act. (replaces Schedule D “Tariff of Fees” effective October 1, 2017 with a new Schedule “D” (Repeal By-law 2015-34)

(f) By-law 2017-101 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. (replaces Appendix A “Schedule of Fees” effective October 1, 2017 with a new Appendix “A” and repeals By-law 2015-35)

(g) By-law 2017-102 To amend By-law 89-2000 which regulates traffic and

parking on Township roads (replace Schedule “W” to provide for the addition of a speed limit reduction on South Grimsby Road 6)

(h) By-law 2017-103 To amend By-law 89-2000 which regulates traffic and

parking on Township roads (replace Schedule “W” to provide for the addition of a Speed Limit Reduction in the Hamlet of Silverdale on Sixteen Road and Silverdale Road)

(i) By-law 2017-104 To authorize a Development Agreement between the

Corporation of the Township of West Lincoln and Certain Things Holding Company Ltd. and Farm Credit Canada for lands described as Part of Lot 5, Concession 7 in the former Township of Caistor, now in the Township of West Lincoln (Repeal By-law 2016-100)

(j) By-law 2017-105 To authorize a Site Plan Agreement between the Corporation

of the Township of West Lincoln, the Smithville Christian Reformed Church and Christian Reformed Church Extension Fund, Inc. on lands described as Part Lot 34, Concession 6, RP 30R-1114, Part 1 to Part 2; this plan is not a plan of subdivision within the meaning of the Planning Act in the former Township of Gainsborough, now in the Township of West Lincoln (Repeal By-laws 2016-112 & 92-57)

Council September 25, 2017 Page 13 16. CONFIDENTIAL MATTERS: Moved by Councillor Joann Chechalk and seconded by Councillor Jason Trombetta:

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:

(a) Acting CAO/Clerk (Carolyn Langley)

Re: Property Matter – Lease Agreement - VERBAL UPDATE Applicable closed session exemption(s):

- a proposed or pending acquisition or disposition of land by the municipality or local board

- litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;

- Carried (8:02 p.m.)

Mayor Joyner declared a brief recess at approximately 8:02 p.m. and the meeting reconvened at approximately 8:10 p.m.

All Members of the Council listed as present, the Acting CAO/Clerk and Deputy Clerk were in attendance during closed session deliberations.

Moved by Councillor Cheryl Ganann and seconded by Councillor Dave Bylsma:

That, this Council meeting does now resume in open session at the hour of 8:23 p.m. - Carried

(a) Acting CAO/Clerk (Carolyn Langley)

Re: Property Matter – Lease Agreement


That, the Acting CAO/Clerk be and is hereby authorized to proceed as directed in closed session with respect to a property matter-lease agreement. - Carried

17. ADJOURNMENT: The Mayor declared the meeting adjourned at the hour of 8:24 p.m. ______________________________ ____________________________ JOANNE SCIME, DEPUTY CLERK MAYOR DOUGLAS JOYNER

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Alzheimer Society of Niagara Region – 22nd Annual Coffee Break

Township of West Lincoln (Mayor Doug Joyner) Presenter: (Judy Willems, Board Member,

Alzheimer Society of Niagara Region) Monday, September 25, 2017 – 7:00 pm

Mayor Joyner, members of council, Township staff and members of the public, my name is Judy Willems, a Member of the Board of Directors for

the Alzheimer Society of Niagara Region. Thank you for the opportunity to appear before you this evening and share information about our Annual Coffee Break campaign, now in its 22nd year. Originally inspired by the Niagara Region Chapter of the Alzheimer Society, Coffee Break has since become the longest-standing national annual fundraising event for Alzheimer societies across Canada. Thousands of Coffee Breaks are held each year and since its inception, has raised more than $20 million to support the work of local Alzheimer Societies.

National Coffee Break Day was Thursday, September 21st, which this year also coincided with World Alzheimer’s Day. More than 10,000 Coffee Breaks took place across the country that day. In the Niagara Region, our Campaign kicked off that day with a flag-raising and barbecue at the Niagara on the Lake Town Hall in Virgil, hosted by this year’s Honourary Chair, The Honourable Rob Nicholson, MP Niagara Falls.

Dementia doesn’t discriminate – it can affect anyone regardless of background, education, lifestyle or status. Dementia is also a health

condition with important social implications that impacts our communities. There is often a lack of awareness and understanding of dementia, resulting in stigmatization and barriers to diagnosis and care. It’s estimated that 564,000 Canadians are currently living with a dementia. In less than 15 years, that number will reach nearly one million individuals. Alzheimer’s disease, already the seventh-leading cause of death in Canada, will only continue to grow as a public health

SCHEDULE "A" To the September 25, 2017 Council Minutes

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concern. The annual cost to care for those with dementia is currently estimated at $10.4 billion.

Mr. Nicholson proposed a private members’ bill to establish a national dementia strategy as a solution to tackling the impact of dementia. We are pleased to say his leadership and support has resulted in Bill C-233 becoming law on June 22nd. This Private Member’s Bill creates a Canadian Alzheimer’s Disease and Dementia Partnership, bringing together researchers, clinicians, health-care providers and private industry to work alongside Canadians living with dementia to develop and implement a National Strategy. The overall impact of a national dementia strategy for Canada will be better local management of dementia, resulting in improved quality of life and care. In the Niagara Region, there are over 9,855 people experiencing a progressive dementia and the number of cases continues to grow. Last year, we saw almost 1,900 new referrals to our Society and at any given time, we have 750 families receiving service in our Family Support and Intensive Case Programs. More impressively, we provided education to almost 11,000 participants from the general public and healthcare field. A recognized leader in the field of Dementia Care, the Alzheimer Society of Niagara Region’s mission is to advocate for people with dementia and their care partners living in the Niagara Region, and provide access to a diverse range of appropriate resources and supports throughout their difficult journey that will assist them in remaining independent in their homes and communities longer. We offer people living with dementia a welcoming place where they can access information and support, as well as connect with others who share a similar experience. By accessing education, personalized in-home support services and wellness programs, families can better understand

dementia, navigate the health system and access the resources they need when they need them. To support a large variety of programs, the majority of which focus on those with early stage dementia and are provided at no charge to individuals or their families, our Society must fundraise for approximately $500,000 each year and Coffee Break is our signature event.


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Coffee Breaks provide an opportunity to invite your co-workers, clients, customers, friends, family or neighbours to come together to enjoy a cup

of coffee or other beverage and even treats at a break time or another social get-together in exchange for making a donation to support the work of your local Alzheimer Society. Hosting a coffee break is fun, easy to organize and a great social opportunity. Our Society supplies a free kit, while each host supplies the people and location. The kit includes coffee for that first pot, supplied locally by Barclay & Todd’s, promotional signage and literature, as well as a donation box. While many of the Alzheimer Coffee Breaks in Canada were held on the National Day, you can choose a date that is more convenient for you, since the Niagara campaign runs from September through to December. Coffee Break events are held in homes, work places, community centres, schools, churches, city halls, retail outlets – just about anywhere you can imagine a social gathering can take place, and where coffee, other beverages, or food and goodies can be served and a donation collected. Some of the most successful events have been a result of doing something a little different. Whether it’s a barbecue, open house, raffle, dress down days, selling coffee cup or forget-me-not decals or rounding up your bill at the cash register, no Coffee Break event is too big or too small and each one makes a difference in the lives of those affected by dementia living in the Niagara Region! Thanks to this Council and over 150 hosts, we raised more than $77,000 last year. This year, more than ever, we hope we can count on your support to reach our goal of $100,000. Organizing or taking part in a Coffee Break event in your community has the potential to raise awareness and encourage discussion about

Alzheimer’s disease and dementia. It not only makes all of the Society’s accomplishments possible, but it ensures that individuals and their families – your loved ones, friends or neighbours, know that they are not alone in their journey. Consider hosting a Coffee Break event and ‘make your coffee count’. It’s a fun and easy way to show your support for the Alzheimer Society. Anyone can register for a free Coffee Break kit by calling the Alzheimer


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Society of Niagara Region at 905-687-3914 or by visiting the website at www.alzheimerniagara.ca.

Thank you for your time this evening and your consideration in making a difference in your community today and making memories matter. Mayor Joyner, may I please present you with your Coffee Break Host Kit? (present kit). Thank you.


TOWNSHIP OF WEST LINCOLN PUBLIC MEETING UNDER THE PLANNING ACT

MINUTES

AMENDMENT TO TOWNSHIP OF WEST LINCOLN’S ZONING BY-LAW (a) Zoning By-law Amendment – Cynthia Hunt & Harry Popiluk – File No. 1601-

012-17

PUBLIC MEETING HELD: Tuesday, October 10, 2017, Township Administration Building, 318 Canborough Street, Smithville – 6:34 p.m. PRESENT: Council: Councillor Joann Chechalk – Chair Mayor Douglas Joyner Councillor Terry Bell Councillor Dave Bylsma Councillor Cheryl Ganann Councillor Jason Trombetta Councillor Mike Rehner Staff: Joanne Scime, Deputy Clerk Brian Treble, Director of Planning & Building Gerrit Boerema, Planner II Alexa Cooper, Planner I Madyson Yule, Planner II Others: Cindy Hunt

Harry Popiluk Dave McKinnell

Steve Megannety Fred VanderVelde Angela Buonamici, IBI Group Ralph Severino*

Lou DiLeonardo* Jowett Lau, Phelps Homes*

Zoey Gunn* And approximately 1 other member of the public*


(a) PROPOSED AMENDMENT TO THE TOWNSHIP OF WEST LINCOLN’S ZONING BY-LAW – Zoning By-law Amendment – Cynthia Hunt & Harry Popiluk – File No. 1601-012-17 The Chair advised that this public meeting was being held to consider an amendment to the Township of West Lincoln’s Zoning By-law under Section 34 of the Planning Act as submitted by Cynthia Hunt & Harry Popiluk – File No. 1601-012-17.


Public Meeting Under the Planning Act – Cynthia Hunt & Harry Popiluk – File No. 1601-012-17 October 10, 2017 Page 2

EXPLANATION OF THE PURPOSE AND EFFECT OF THE APPLICATION: A complete application for rezoning has been received for the property legally described as Part Lot 28 and 29, Concession 9 in the former Township of South Grimsby, now in the Township of West Lincoln. The property is municipally known as 8508 Regional Road 20 and is located on the south side of Regional Road 20, (see Location map on reverse).

This application has been made to rezone the subject lands from Agricultural ‘A’ to Agricultural ‘A’ with a site specific exception to permit a commercial kennel operation. The proposed commercial kennel operation will be limited to a maximum of 7 dogs. All components of the kennel operation will be limited within the existing dwelling. The rezoning will also recognize a deficient lot size for a kennel operation and deficient front, side and rear yard setbacks to the existing house which is where the dogs will be housed. The Chair stated that the Planning Act requires in Section 34(12) that before passing a Zoning By-law Amendment, Council must hold at least one public meeting for the purpose of informing the public in respect of the proposed Zoning By-law Amendment application. The Chair noted that the purpose of this public meeting is to receive comments and answer questions from the public regarding the proposed amendment to the Township of West Lincoln Zoning By-law. The Chair stressed that, at this point, no decision had been made on the proposed amendment to the Township of West Lincoln Zoning By-law which is being considered this evening and that any comments received will be taken into account by Council in their consideration. The Chair advised that the Planning Act requires in Section 34(13) that Council advise the public that if a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of West Lincoln before the by-law is passed, the person or public body is not entitled to appeal the decision of Council for the Township of West Lincoln to the Ontario Municipal Board.

The Chair requested that the Deputy Clerk advise of the method and dates by which notice of the public meeting was given. The Deputy Clerk advised that proper notice of this public meeting was given by way of individual notice dated September 13th, 2017. The Chair requested the Planner II, Mr. Gerrit Boerema, to explain the purpose and reason for the proposed Zoning By-law Amendment as submitted by Cynthia Hunt & Harry Popiluk – File No. 1601-012-17. The Planner reviewed Technical Report No. PD-129-17 dated October 10, 2017 - Zoning By-law Amendment – Cynthia Hunt & Harry Popiluk – File No. 1601-012-17. The Chair asked if the applicants or their authorized agent was present and wished to speak to the proposed Zoning By-law Amendment application.


Ms. Cindy Hunt noted that she was a co-owner of the subject property and she had operated a dog kennel in Grimsby for over 25 years, which was a permanent registered kennel under the Canadian Kennel Club (CKC). Ms. Hunt advised that her dogs are well taken care of and live inside their home and go outside only when she and/or her partner can be with them. Ms. Hunt advised that they do not allow their dogs to annoy their neighbours and will not pose any problems for their neighbours. The Chair asked if there were any oral or written submissions from anyone present regarding the proposed Zoning By-law Amendment. The Chair advised that this may be the final Public meeting being held with respect to this application; therefore, she noted that if any Members of the Public have comments they should state them now as the OMB may not consider comments made during any other Council and/or Committee meetings. There were no oral or written submissions on the proposed Zoning By-law Amendment from any members of the public. The Chair asked if any Members of the Committee had any oral or written submissions on the proposed Zoning By-law Amendment. The Chair advised that this may be the only Public meeting being held with respect to this application; therefore, she noted that if any Members of the Committee had any comments they should state them now as the OMB may not consider comments made during any other Council and/or Committee meetings. The following questions and/or concerns were brought forward by Members of the Committee regarding a Zoning By-law Amendment application submitted by Cynthia Hunt and Harry Popiluk with respect to permitting a commercial dog kennel operation within their home, including but not limited to: (1) What is the maximum number of dogs permitted within the Township’s Zoning

By-law for a commercial dog kennel? (Response = up to 50 dogs are permitted, however the applicants are requesting a maximum of 7 dogs as the dogs will be living inside their home. Staff is proposing to limit the number of dogs permitted as part of the kennel to be compatible with the surrounding land uses.)

(2) Is the proposed Zoning By-law Amendment (ZBA) tied to the property or to the applicants/property owners? (Response = The ZBA would be tied to the property; however, as an alternative, a temporary use by-law could be imposed which would allow the proposed use to be more closely tied to the applicants/property owners.)

(3) What is the procedure for approval of a Dog Kennel License? (Response = The applicants would be required to obtain a dog kennel license through the Clerk’s Department each year, which includes payment of a fee. Prior to any approvals, the application is circulated by the Clerk’s Office to the Planning Department for comments and the Welland Humane Society for inspections.)

(4) Why is a Zoning By-law Amendment now required for Commercial Dog Kennels being permitted in the Agricultural zone? (Response = During review of the Township’s New Comprehensive Zoning By-law, the Province and Region had stated that dog kennels were no longer permitted in the agricultural zone as dogs are not considered to be livestock and any future kennels would require a Zoning By-law Amendment. It was noted that Ms. Hunt & Mr. Popiluk’s


application was the first to be considered by Council under the new Comprehensive Zoning By-law that was adopted in late June 2017.)

(5) Will the property owners also being living in the home on the property? (Response = yes.)

(6) Would the proposed dog kennel have any effect on a home being constructed on the abutting agricultural lands to the south due to the reduced rear yard setback of 42 metres being proposed by the Zoning By-law Amendment? (Response = The proposed dog kennel would have no effect on a home being built on the abutting property to the south of the subject lands as there are no Provincial Minimum Distance Separation (MDS) requirements for dogs. It was noted that the setback for a dog kennel in the new Comprehensive Zoning By-law was 75 metres and if a home were to be constructed on lands adjacent to a dog kennel the setback would be the prescribed setbacks as noted in the Zoning By-law (i.e. 5 metre side yard setback for a single detached dwelling). Additionally, it was noted that a Zoning By-law Amendment was site specific and any abutting landowners and/or potential buyers that may wish to develop on an abutting property would have the opportunity to inquire on the surrounding land uses and zoning provisions even if the kennel was not visible. It was further noted that the property that surrounded the subject lands to the south and west was zoned “Agricultural Purposes Only (APO) which precludes that construction of a single detached dwelling.)

(7) How many kennels exist within the Township of West Lincoln and what is the average number of dogs within each of these kennels? (Response = Approximately 7 kennels which house between 5 and 35 dogs.)

(8) What is the definition of a kennel? (Response = The New Comprehensive Zoning By-law permits up to 3 dogs for personal purposes per property. There are three different types of kennels (1) a private kennel (2) commercial kennel; and (3) pet establishment.)

(9) What zones allow dog kennels in the New Comprehensive Zoning By-law? (Response = A commercial kennel is only allowed in the Agricultural Commercial Related zone (AR) and a private kennel is permitted in the AR zone as well as in the Agricultural zone as an accessory use.)

(10) The proposed Zoning By-law Amendment is proposing a cap of 7 dogs (Response = yes, this cap can be amended by Council.)

(11) Does the cap of 7 dogs include or exclude puppies? (Response = excludes puppies.)

(12) What is the definition of a puppy? (Response = The proposed Zoning By-law Amendment for the subject lands currently defines puppies as being under 5 months old; however, this may be amended by Council.)

(13) What age are the puppies sold? (Response = Ms. Hunt advised that the puppies are pre-sold and leave their mother at 8 weeks old. Ms. Hunt noted that some of their dogs are retired as they can only breed their dogs once per year, between the ages of 2 and 5 years of age.)

The Chair advised that a Technical Report is being considered by the Planning Committee this evening and that a recommendation report will be forthcoming to a future Planning Committee and/or Council Meeting. The Chair further advised that once the Planning Committee and/or Council make a decision with respect to the Zoning By-law Amendment and if approved by Council, a notice of its passing will be circulated with an appeal period. The Chair noted that there was an attendance sign in


sheet, which is located on the table near the exit doors, which she requested all present to sign. The Chair noted that when signing the attendance sheet for this evening’s Planning/Building/Environmental Committee meeting, those that wished to be advised of any subsequent meetings and/or decisions with respect to the matter should place a check mark in the column marked for the “Cynthia Hunt & Harry Popiluk” Public Meeting. The Chair advised that those people who are interested in observing Council and/or Committee discussions about a particular by-law should not solely rely on mailed notices and thus miss the opportunity to attend the meetings. It is suggested that you watch the Township’s web site for posting of agendas to review items that will be discussed at a Council and/or Committee meetings. The agendas for meetings are posted on the Township Web Site at 4 p.m. on the Friday prior to the meeting. Additionally, meeting schedules are also noted on the web site for the public to view. If you wish to receive notices by email, it is suggested that you include your email address with your mailing address and your phone number on the attendance sign-up sheet. The Chair advised that this public meeting with respect to the proposed Zoning By-law Amendment is concluded at the hour of 7:06 p.m.

_____________________________ __________________________________ Joanne Scime (Deputy Clerk) Councillor Joann Chechalk (Chair)

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TOWNSHIP HALL 318 Canborough St. www.westlincoln.ca OFFICE OF THE INTEGRITY

COMMISSIONER

P.O. Box 400 Smithville, ON

L0R 2A0

TOWN OF WEST LINCOLN CODE OF CONDUCT COMPLAINT 0117

Summary

This report presents the final findings of my investigation under the Township of West

Lincoln Code of Conduct (the “Code”) relating to the conduct of Councillor Dave

Bylsma (the “Respondent”) in connection with a complaint raising four issues:

1. The allegation that on January 23, 2017 the Respondent knowingly set out to

“maliciously and falsely divide the community” by making the claim to have no

knowledge about what has been going on with the Township MURS project not

having the opportunity to speak about the project despite the Respondent being a

Township elected official since October 28, 2014 when he was elected and having

stated that he took part in relevant conversations, evidenced by recorded votes;

2. The allegation that the Respondent made statements that were known to be false

and misleading;

3. The allegation that the Respondent, through his action had committed “nothing

less than premeditated character assassination”; which harmed the Complainant’s

family, the Mayor and all of Council; through his actions;

4. The allegation that the Respondent named 4 of the 5 council members who were

at the January 19th, 2017 Recreation Committee meeting and falsely accused them

of wrongdoing.

The Complainant is a Member of Council for the Town of West Lincoln.

I find that on Issues #1, #2 and #4 the actions of the Respondent constitute statements

that, on their face, appear to be made with the intent to mislead the public and had the

effect of harming the reputation of some Members of Council. Even though it was not

made out throughout this investigation that the Respondent intended to cause harm

through the statements made at the January 2017 Council meeting, I find that the

Respondent did make false statements about the actions of the Complainant and other

Members of Council.

I find that Issue #3 involves an allegation which on its face is a matter that is more

properly pursued through the courts. I briefly set out below the substance of defamation,

enforcement of which is not within the jurisdiction of the Integrity Commissioner under

the Code.

October 23, 2017

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Defamation is defined in Black’s Law Dictionary as:

1. The act of harming the reputation of another by making a false statement to a

third person…

2. A false written or oral statement that damages another’s reputation

More specifically, a defamatory statement is defined as:

A statement that tends to injure the reputation of a person referred to in it. The

statement is likely to lower that person in the estimation of reasonable

people and in particular to cause that person to be regarded with feelings of

hatred, contempt, ridicule, fear, or dislike.

Defamation is comprised of two subcategories between libel and slander, which are

discussed below.

1. Libel

The first portion of the Act deals with libel. Section 2 of the Act states that "defamatory

words in a newspaper or in a broadcast shall be deemed to be published and to constitute

libel". Given the nature of editorial and opinion pieces, many defamation actions for libel

are focused on newspaper articles which are alleged to have disparaged, directly or

indirectly, the subject of the article. In short, libel refers to written defamatory statements.

2. Slander

Slander is the second subcategory of defamation, and encompasses the broadcasting of

spoken defamatory words. At common law, oral statements relating to the following four

categories of slanderous words are automatically considered to have proven that a loss

has been sustained:

a) statements that discredit the plaintiff in relation to his or her work (business,

profession, etc.)

b) statements that impute to the plaintiff the commission of a criminal offence;

(CHARITY LAW BULLETIN No. 125, September 26, 2007, Editor: Terrance S. Carter)

The West Lincoln Complaint Protocol for Council Code of Conduct (the “Code

Protocol”) provides that where an allegation is on its face, a matter not within the

jurisdiction of the Integrity Commissioner, the Complainant shall be advised to pursue

the matter through another process. As a result, I did not investigate the issue of

defamation of character (Issue #3) and make no findings in that regard.

In this report, I discuss my investigative process, my decisions on jurisdiction, my

findings on the allegations in the complaint with respect to Issues #1, #2 and #4, my

reasons for those findings, and my recommendations to Council.

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The allegations in the complaint

On February 16, 2017, I received a complaint under the Code. The complaint was

submitted on the Township’s Complaint Form/Affidavit, to which the Complainant added

several pages of additional information, newspaper articles and links to Township

meetings. The Complaint Form/Affidavit was properly sworn and witnessed as required

by the Code Protocol.

The Complainant wrote that he had reasonable grounds to believe that the Respondent

had contravened the Preamble -Key Principles of the Code and the Code entitled Media

and Public Relations.

#4 of the Key Principles:

“Members are responsible for making honest statements and no Member shall

make a statement when they know the statement is false, or with the intent to

mislead other Members or the public…”

The Complainant lists a particular Township meeting and provides articles from a local

newspaper. Based on these and other documents and information, the Complainant

alleged that the Respondent made statements with the intent to mislead other Members of

Council and the public.

Process

I wrote to the Respondent advising that I had received a Formal Code of Conduct

Complaint on February 16, 2017 in which he was named as the Respondent. As is the

practice of this Office, I conducted a preliminary review of the complaint to determine if

the matter was, on its face, a complaint with respect to non-compliance with the Code. I

advised that if during the preliminary review, I found that the complaint, including the

supporting affidavit, was not, on its face, a complaint with respect to non-compliance

with the Code or the complaint is covered by other legislation or complaint procedure

under another Council or Township policy, I would advise the Complainant in writing, of

this decision.

I advised that upon review of the information provided in the complaint, the supporting

documentation and other information that I received in relation to the allegations of Code

contraventions, I made the determination that the complaint, on its face, triggered

provisions of the Code.

I set out in my correspondence to the Respondent, that I required a written response to the

complaint by March 2, 2017. I did not receive a response from the Respondent within the

requested timeframe.

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Background

In October 2015, the Township of West Lincoln (“the Township”) Public

Works/Recreation/Arena Committee (“PWRA Committee”) received Report NO. RFD

PW-37-2016 that made recommendations in respect of Council approving proceeding

with Option ‘B’ as outlined in a Design Report regarding a Multi-Use Recreational Site

Implementation Plan.

At the PWRA Committee meeting of October 29, 2015, recorded votes were taken on

several issues, for which the Respondent was lists as “absent”. At the Council meeting of

October 26, 2016, at the vote of Item PW38-15- Section #4, the Respondent was listed as

having voted in the affirmative. The motion was lost.

At the July 2016 Council meeting, in respect of the Multi-Use Recreation Site (MURS),

the Respondent voted in the affirmative for the following:

- That, Report RFD-CAO-06-16 regarding “Update and Action Plan for the

Sustainable Economic Development and Recreation Leisure and Library Advisory

Committees. West Lincoln…” Building a Vibrant Tomorrow”, dated July 18,

2016…

- That the recommendation contained in Report RFD-CAO-06-16 be amended by

adding …two new sections at the end of the motion;

And the recommendation that the CAO be authorized to present a report to the October

Public Works/Recreation/Arena Committee meeting with respect to an implementation

plan that will identify and address all recreation needs for the Township of West Lincoln.

There were a number of meetings of the steering committee to discuss the future

recreational needs of the Township; that many residents felt that there was

insufficient consultation with the community; that key stakeholders as well as the

community at large, were excluded from any input/advisory process; that a number of

key stakeholders were not satisfied with the proposed facility as it did not meet their

needs; that the proposed funding for the anticipated facility requires financing that

relies totally on increasing property taxes and will take 20 years to retire; and the

comments from the public in the feasibility study indicated that there was concern

about funding required for the master plan given that the Township has many other

financial issues (such as roads and bridges).

Staff of the Township contacted other municipalities to discuss how they had raised

private funds for their recreational facilities. At the June 15, 2015 PWRA Committee

meeting, a resolution was passed:

That Staff arranged for opportunities for Committee Members to visit [ other

municipalities]. The staff report attempted to address many of the portions of the

May 19, 2015 PWRA committee meeting.

The Township is largely a rural area composed of farms and residential areas. For some

years, it has been known that the Township has conducted Council discussions and town

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hall meetings in respect to the construction of a MURS, which have potential commercial

viability. There are people in the Township who feel that it would be advantageous to

them and to the community to construct the MURS. There are others who wish the

Township to retain its rural and residential character and do not wish to have the

Township submitted to the financial implication related to the construction of the MURS.

At the October 19, 2015 PWRA, the Report re: Future Recreational Needs, was received

for information. The amendment that, staff be directed to work with Council during the

budget setting process for 2016 to establish a prioritization of all works required in the

Township in order to determine total funding needs for the next 1-5 years for all

infrastructure and facilities, was added. A recorded vote was requested by Mayor Joyner

and the motion was carried with 5 votes in favour, 1 against, with Councillor Dave

Bylsma being listed as absent.

On July 18, 2016, Council received a report by the CAO regarding “Update and Action

Plan for the Sustainable Economic Development and Recreation, Leisure and Library

Advisory Committees, West Lincoln…” Building a Vibrant Tomorrow”

At this meeting, the following recommended actions were endorsed:

- Application be submitted to the Region for financial support to undertake

streetscape improvements in 2016;

- Tours of other municipal downtowns occur over the next few weeks to see other

approaches to streetscape/downtown improvements;

- A streetscape designs be prepared and redevelopment concepts for downtown to

help illustrate possible options of downtown façade improvements/site

redevelopment opportunities;

- Urban forest plans be prepared for consideration as they relate to two properties,

Leisureplex and Fairgrounds;

- Explore joint opportunities to establish an Economic Development Officer;

- Seek opportunities to provide economic development training to Council

members and staff;

- Establish a joint parking partnership between the Township, Region of Niagara

and a local property owner for additional downtown parking;

- Authority be granted to the CAO to hire a consultant, by quotation process, to

develop a conceptual plan for the full multi-use recreation site (MURS);

- Present draft implementation plans and phase in strategy, including renderings of

proposed plans for a new multi-use recreation site (MURS) in September 2016.

A recorded vote was requested by Councillor Terry Bell and the motion was carried with

5 in favour (including Councillor Dave Bylsma) and 1 against. (Councillor Mike Rehner)

6

At the October 17, 2016 PWRA Committee a resolution was voted on that had Council

approve, among other things, the revised fee submission by Kalos Engineer Inc. For the

Project Management Services for completion of the Design/Build of the Multi-Use

Recreational Site in the amount of $222,120.00 plus HST). There was a recorded vote

and with 6 votes in favour and 1 against (Councillor Dave Bylsma). The same matters

were brought to the October 24, 2016 Council at which the recorded vote which was

called by Councillor Bylsma had 5 in favour 1 against (Councillor Dave Bylsma) and 1

Member absent.

On December 5, 2016 at a Special Council meeting to discuss the 2017 Draft Operating

and Capital Budget, item 8 included the statement that the balance of Capital projects for

the years 20118 to 2026 as outline on Schedule C to this report be approved in principle.

The recorded vote requested by Councillor Dave Bylsma was carried with 6 in favour and

1 against (Councillor Bylsma). At the same meeting, Amendment #2 moved by

Councillor Mike Rehner and seconded by Councillor Terry Bell set out that: Section 6 of

the recommendation contained in Report RFD-T-33-16, regarding the “2017 Operating

and Capital Budget”, be amended by inserting the letter “B” as the selection option. In

addition, Councillor Checkalk requested that Section 6 of the recommendation contained

in Report RFD-T-33-16 (2017 Operating and Capital Budget) be voted on separately.

Section 6 stated that annual revenue stream not to exceed $420,000, be allocated towards

the debt repayment for the MURS project using Option B (The Community Fund). A

recorded vote was requested and the motion was carried with 5 in favour and 2 against

(Councillors Bylsma and Chechalk)

January 23, 2017 Council meeting

At its January 23, 2017 meeting, West Lincoln’s Council was considering issues related

to a presentation by Kalos Engineering Inc, in relation to the MURS DesignBuild . At the

point of the meeting dealing with new business, Councillor Bylsma requested an

opportunity to ask questions that he suggested he was unable to ask at the previous

week’s PWRA Committee meeting. The MURS project had been the subject of ongoing

debate with Councillor Bylsma stating that he agreed in principle but was in opposition to

changes he purported were not approved by Council. It was Councillor Bylsma’s position

that the Town should allow for further public discussion into the option (Option B) that

Councillor Bylsma believe had been approved by Council.

Councillor Bylsma questioned whether there would be a phased approach the MURS

project and stated that he did not feel that he/his constituents had all the information

needed to make a decision on what build option to go forward with.

7

Councillor Checkalk stated that the presentation should have been more appropriately

held at Committee to allow for a greater discussion.

At this point, Councillor Bell stated that if Councillor Bylsma wanted to ask questions, he

should have put them forward at the time of the presentation. Councillor Bylsma

mentioned that the situation was an uncomfortable one in that the presentation had put

forward a very tight schedule that Councillor Bylsma did not believe allowed for input

from the community.

Councillor Bylsma then stated he believed Council should stand by what was approved

by Council as a Kalos Engineering Inc, DesignBuild. The Councillor went on to state that

the advertisements that were sent out to the pubic were misleading in that they set out that

the project included elements not contemplated in the project plan approved by Council.

According to Councillor Bylsma, at the October 17, 2016 Public Works Committee

meeting, “Plan B” was approved, which according to the Councillor did not include a

museum, a bandshell or a greenhouse. The Councillor asked why the engineering

company had not come back to Council or to the PWRA Committee, where the public

would be able to comment and debate on these proposed additions. Councillor Bylsma

went on to state that in the Plan B approved by Council, there was a 10,000 sq ft Library

proposed, whereas during the presentation and in the advertisement distributed to the

public, the Library was set out as being 12,500 sq.ft. Councillor Bylsma commented that

this difference represented “a blatant transgression” as an Advisory Committee proposed

changed required approval from Council, which Councillor Bylsma suggested did not

happen.

Councillor Bylsma then stated that the Sub-Committee had conducted business that was

“out of order”, since the number of Councillors on that Committee formed a quorum for

the purposes of a meeting under the Municipal Act and the Township of West Lincoln’s

Procedural Bylaw. As a result of his belief, Councillor Bylsma stated that when the

Committee meets with all the Councillors appointed to the Committee, it is a meeting of

Council and therefore a “transgression” of the Municipal Act in that a quorum was

formed and any discussions were materially advancing the business of the municipality.

The Mayor then advised that the Mayor sits on the Sub- Committee as an ex officio

member pursuant to the Terms of Reference of the Committee. The Mayor further

clarified that Councillor Ganann and Councillor Chechalk attend as observers and the

only other Members of Council are Councillor Trombetta, the Chair and Councillor Bell,

the Vice-Chair. Councillor Trombetta then spoke and clarified that no votes take place at

the meetings of this Committee and that Councillor Bylsma’s statements about

“transgressing” the Municipal Act are misrepresenting and problematic, casting

aspersions on members of the Committee. Councillor Trombetta, who is chair of the

8

Sub-Committee, advised that he had extended multiple invitations to Councillor Bylsma

to attend the meetings and that he declined to attend. Councillor Trombetta advised that

as Chair of the Sub-Committee, if any Member of Council has a matter they would like to

raise or a question they would like to ask, they have the opportunity to bring the matter

forward to the Chair who, through discussions with the Director, will determine the

appropriate placement of the matter on the agenda of a future meeting.

Councillor Bell spoke advising that he had agreed to vote in favour of Councillor Bylsma

raising new questions at the January 23, 2017 Council meeting, however, it had become

apparent to him during the course of the discussion, that Councillor Bylsma was raising

issues that had been addressed in previous Working Group meetings and this fact was

well documented.

Councillor Bias

Elected officials do not come to a position on Council without interests or personal

perspectives. In fact, it is this spectrum of knowledge and viewpoints that make the

coming together of individual Members of Council as one decision-making body, a

strength for the community. However, an elected official must avoid pecuniary and non-

pecuniary conflicts of interest, including perceived bias and prejudgment. Allegations of

bias can be evaluated by the integrity commissioner and generally can be avoided by a

Member of Council by making a public disclosure of the facts and avoiding any

comments that may lead a reasonable person to believe that the Member is entrenched in

a particular position.

Based on a review of the information submitted as part of the complaint, the Respondent

appears to hold the position that in respect of the future recreational needs of the

Township, there was insufficient consultation with the residents in the community and

that, as a Member of Council representing a particular area of West Lincoln, certain parts

of the community, were excluded from any input in the advisory process.

In the Supreme Court decision Old St. Boniface Residents Assn. Inc. v. Winnipeg (City),

the court stated that “the Councillor's participation in the initial discussions between the

developer and the City was to be commended and encouraged as a normal part of his

duties. Persons for or against a development proposal should feel free to discuss it with

their Municipal Councillor, and the Councillor should be free to express an initial

reaction without running the risk of being disqualified from subsequent participation in

the decision‑making process.”

The Court further observed in the above cited case that “the Councillor was still capable

of having an open mind concerning the merits of the development as a whole and as to

9

the kinds of conditions which should be imposed upon the developer as a pre‑condition to

rezoning”.

In McGill v. Corporation of the City of Brantford (1980), 12 M.P.L.R. 24, at p. 35 the

Court found that:

"It must be assumed that the Legislature knew the functions, and the mode of

developing such a project from its inception to the advanced stages, and

nonetheless designated the [municipal] council as the body to hold the hearing.

In these circumstances, all that can be required of the council is to put aside

their tentative views individually and collectively, hear the objections, consider

them honestly and fairly, see if they can be accommodated and then make the

final decision. No more and no less can be expected of them.".

In discussions with the Respondent, he has given me his assurances that he understands

that he cannot wear 2 hats as advocate of a particular individual or position and a

Member of Council. Further, the Respondent has stated to me that he understands that

notwithstanding any groups or individuals he may have dealings with in the community,

when a matter is before Council, he is required to refrain from speaking on behalf of any

group. To be clear, bringing forward the positions of a Member’s ward residents is

appropriate and at the core of the elected official’s official role. However, a Member

must avoid a real or perceived bias or prejudgment to be in a position to “hear objections”

to that which he/she has brought forward and “consider” the objections “honestly and

fairly” in making a final decision.

The Code deals with non-pecuniary interests such as improper use of influence and bias.

In order for the Integrity Commissioner to arrive at a finding of willful contravention of

the Code in this regard, a complainant would have to provide evidence in their supporting

documentation to the complaint that the position taken by the Member was immovable

and that they were incapable of changing their position even after hearing positions of

members of the public and/or staff. This would require a demonstration that a Member

was not amenable to persuasion by speakers and evidence, such that their minds were so

closed that they were incapable of being persuaded to change. The fact that a Member of

Council holds a particular position on a matter, does not in and of itself, mean that the

Member has an entrenched and immovable position.

In the 1990 Supreme Court decision, Old St. Boniface Residents Association. Inc. v.

Winnipeg, the court stated that, “[s]ome degree of prejudgment is inherent in the role of a

municipal councillor…” In the above-noted case, the Supreme Court outlines the common

law objective test for bias and stated that “[t]he applicable test is that objectors or supporters

be heard by members of Council who are capable of persuasion. This test is consistent with

the functions of a municipal councillor and enables him or her to carry out the political and

10

legislative duties entrusted to the councillor. The party alleging disqualifying prejudgment

must establish that any representations at variance with the adopted view would be futile”.

Councillor Comments at Council meetings

In a recent court decision, the Ontario Court of Appeal provided helpful advice to

municipal councillors when considering acceptable commentary at Council. The Court

confirmed for municipal councillors that they do not enjoy absolute privilege for

offensive and defamatory statements they make during municipal council meetings.

The core issue in the court decision was whether the Court should extend absolute

privilege to what some Members of Council were calling offensive or defamatory

statements made by municipal councillors in the course of council meetings.

On appeal, all parties and the Court accepted that the present state of law only gives a

qualified privilege to municipal councillors for their remarks in council. What this

means, according to Justice Blair is that, “municipal councillors are not liable in

defamation for statements they make during council meetings, unless the [Councillor

who makes the complaint] is able to demonstrate that the statements were made with

malicious intent on the part of the councillor”.

The Court noted that in contrast to the statutory absolute privilege extended to members

of the federal and provincial legislatures, no such statutory protection was extended to

members of municipal council.

The parties in this example case were all elected Members of Council of the County of

Frontenac and at a May 2013 Council meeting, the defendant Councillor Jones made a

motion, alleging that the plaintiff, Councillor Gutowski, had engaged in a form of

corruption and the “peddling of political favours”, and had lost the trust of council.

Councillor Jones also alleged to have asked rhetorically, “What other tricks has she been

up to?”

In this case, the Councillors who were accused of making offensive and defamatory

statements, [“peddling of political favours’ and “what other tricks has she been up to”],

put forward their belief that there is an overriding value that Canadian society places on

the right to freedom of expression and speech in public disclosure, and municipal

councillors need to be able to exercise that right in order to perform their role properly

and effectively.( Gutowski v. Clayton, 2014 ONCA 921, December 24, 2012)

In response, the Court stated that without any evidence to justify the need for a change in

the law, the Court refused to extend absolute privilege to such statements made at a

municipal council and deemed them to be outside of the protection of qualified privilege.

In denying absolute privilege, the Court in the above case citied the decision of the

Supreme Court of Canada in Prud’homme v. Prud’homme, where that Court said:

11

The English and Canadian courts,…, have held that words spoken at a meeting of a

municipal council are protected by qualified privilege …. Accordingly, the fact that

words spoken at a meeting are defamatory does not, in itself, mean that a municipal

councillor will be liable therefore. In order to succeed in his or her action, the

plaintiff must prove malicious intent or intent to harm on the part of the councillor.

(2002 SCC 85 (CanLII), [2002] 4, S.C.R. 663, paragraph 49)

The Supreme Court went on to state:

…freedom of expression takes on singular importance, because of the intimate

connection between the role of that official and the preservation of municipal

democracy. Elected municipal officials are, in a way, conduits for the voices of

their constituents: they convey their grievances municipal government …That

freedom of speech is not absolute. It is limited by… the requirements imposed

by other people’s right to the protection of their reputation…, reputation is an

attribute of personality that any democratic society concerned about respect for

the individual must protect[.]

Although it is not specifically mentioned in the Canadian Charter, the good

reputation of the individual represents and reflects the innate dignity of the

individual, a concept which underlies all the Canadian Charter rights. (emphasis

added)

The Court concludes that:

Accordingly, while elected municipal officials may be quite free to discuss

matters of public interest, they must act as would the reasonable person. The

reasonableness of their conduct will often be demonstrated by their good

faith and the prior checking they did to satisfy themselves as to the truth of

their allegations. These are guidelines for exercising their right to comment,

which has been repeatedly reaffirmed by the courts. (emphasis added)

The absolute privilege granted to legislators, is due to the need for Parliament and the

legislatures to have complete control over their own proceedings and their own members.

This control over proceedings and members is accomplished through a complex

framework of regulations and rules governing their members’ conduct and supervised by

the Speaker. The outcome of the conduct rules can lead to disciplinary measures, from

requiring an apology to naming members and ejecting them until they retract their

comments (2002 SCC 85 (CanLII), [2002] 4, S.C.R. 663, paragraph 49)

It is clear that the existence of these rules of conduct at the Federal and Province of

Ontario level, function as an effective deterrent to misspeaking in those bodies. Similarly,

sections 223.2 and 223.3 of the Municipal Act, 2001, S.O. 2001, c. 25, enable

municipalities to institute codes of conduct and appoint integrity commissioners. None

existed for the County of Frontenac at the time of the Gutowski case. Municipal councils

are creatures of the Ontario Provincial Legislature. If the Legislature had felt it important

to extend absolute privilege to the speech of municipal councillors, it would have done

so. This has not happened and as a result, municipal councillors are not protected from

12

misspeaking or unreasonably not checking with the veracity of their statements to the

detriment of the reputation of another Member of Council

Blogging, Opinion Editorials, emails and comments in media may be legitimate venues to

exercise free speech, as long as the comments contained in these social or print media do

not denigrate Members of Council, processes or decisions of Council. Further, when a

member of the public wants to obtain information about the Township, its meetings, its

decisions or its processes, Members of Council should then encourage the public to go

through established channels of communication and Township contacts, such as the

Clerk’s Office, which is responsible for official minutes of Council and Committee

meetings.

Members of Council are encouraged to raise their discontent with policy decisions of

staff, decisions of Council and ad hoc committees, through established channels as set out

in the Procedural By-law and meeting rules. The use of the media to articulate and

promote a position that has been discussed and not adopted by Council, should be

distinguished from the right of the press to freely report on matters of note, even those

that may be controversial. Often the only viable alternative for public debate is through a

continued discussion or dissenting opinion by way of social media or print media.

However, the role of a Member of Council is to not denigrate fellow councillors or

decisions of Council.

Conclusions

The reciprocity of interest or duty between Councillor Bylsma and public was a relevant

consideration in assessing whether qualified privilege applied in his quotes in the printed

media.

A privileged occasion is described in Hill v. Church of Scientology of Toronto, [1995] 2

S.C.R. 1130 (S.C.C.):[143] . . .

...a privileged occasion is ... an occasion where the person who makes a

communication has an interest or a duty, legal, social, or moral, to make it to the

person to whom it is made, and the person to whom it is so made has a

corresponding interest or duty to receive it. This reciprocity is essential.

The citizens of the Township constituted an audience with an interest in receiving the

Councillor’s comments regarding the criteria of the Designbuild of the MURS which was

a matter of significant debate. Councillor Bylsma could not be deemed to have a defense

of fair comment even assuming that privilege applied at the January 2017 Council

meeting, in that he spoke with what appeared to be a reckless disregard for the truth,

insisting that Councillor Bell and other members of the PWRA Committee had

“transgressed” the meeting rules of the Municipal Act and had unlawfully materially

advance the business of the Town contrary to a previously approved direction of Council.

Councillor Bylsma was given several opportunities, through clarification by the Mayor

and Councillor Trombetta, to consider his comments before reiterating that there was a

“transgression” of the law. The statements made by Councilor Bylsma were not made in

13

the heat of debate because he had made the same assertions on other occasions, including

providing his opinion to the printed media. The allegation that the members of the Sub-

Committee had “transgressed” the rules of the Municipal Act and had supported and/or

directed the distribution of “misleading” advertisements and flyers to the public was

without foundation.

As one Member of Council had stated at the January 2017 meeting, there was a lot of

emotion at the meeting as evidenced by the tone and content of the comments of the

Members of Council with respect to the MURS project. This type of referencing of

behavior does often form part of the swipes made by politicians on one another. While it

is unwise for the Integrity Commissioner to intervene to referee political speech through

a Code complaint investigation, in the circumstance of this complaint, Councillor Bylsma

did denigrate and call into question the actions of Councillor Bell and other members of

the Sub- Committee in his use of the word “transgression” of the Municipal Act and

“misleading” the public.

Findings

Qualified privilege is not absolute, and all that is said during an occasion of qualified

privilege is not necessarily protected. The privilege may be defeated if malice is the

dominant motive or purpose in making the statement, or if the limits of the duty or

interest have been exceeded. (See: Hill v. Church of Scientology of Toronto, supra, at

paragraphs 144 to 147.)

I do not find that Councillor Bylsma dominant purpose for making the statements at the

January 23, 2017 Council meeting was one of malice or an intent to injure the reputation

of Councilor Bell. However, the fact that the comments were made at open session of

Council did mean that the communication was made to the community at large, given the

opportunity for members of the public to attend Council sessions and that the meetings

are recorded and posted on YouTube for viewing in perpetuity.

In assessing whether, in the public interest in the exercise of his duty as an elected

official to inform the public of information, Councillor Bylsma’s utterance should be

protected from constituting a Code of Conduct infraction in the absence of malice, I

determined that it does not. Accordingly, I find that the Respondent did contravene #4 of

the Key Principles that requires Members to make honest statements and refrain from

making a statement when they know the statement is false, or with the intent to mislead

other Members or the public…”.

Considering the evidence before me, it has been established that the Respondent is an

acquaintance the editor of a local newspaper. I accept that the Complainant had a

reasonable basis to believe that the information contained in a February 2, 2017 edition of

a local paper and other dates, was provided by the Respondent. However, I do not have

sufficient evidence to conclude on a balance of probabilities that the Respondent was the

individual that provided the information to the media outlet. As a result, I cannot find that

the Respondent has breached the Rule of the Code that prohibits disclosure of Township

confidential information to third parties.

14

Recommendations

I strongly recommend that the Respondent take every opportunity to review my

comments and recommendations made in this Code Complaint Investigation Report.

The Integrity Commissioner recommends:

1. that Council impose the penalty of a reprimand on Councillor Bylsma in respect

of his comments made at the January 2017 Council meeting; and

2. That Councillor Bylsma publicly apologize to Councillor Bell for the comments

he made and directed to Councillor Bell at the January 2017 Council meeting,

with respect to “transgression” of the rules of the Municipal Act and “misleading”

the public in respect of what option or options were duly approved and under

consideration by Township Council.

Respectfully submitted

Suzanne Craig

Integrity Commissioner

Suzanne Craig

15

Appendix 1

Criteria for an apology:

1. Acknowledge the findings of the Integrity Commissioner in the Report and

acknowledge that the allegations, that Councillor Bell had “transgressed” the rules

of the Municipal Act and had supported and/or directed the distribution of

“misleading” advertisements and flyers to the public, were without foundation.

2. Acknowledge the harm caused by the actions and utterances

3. Take responsibility for the actions and utterances

4. Statement of regret

5. Statement that these types of utterances will not occur again

_______________________________________________________________________________________________ TOWNSHIP OF WEST LINCOLN

PLANNING/BUILDING/ENVIRONMENTAL COMMITTEE SUMMARY

DATE OF MEETING: October 10, 2017 SUMMARY OF RECOMMENDATIONS:

(a) ITEM P110-17

RECOMMENDATION #1: That Council hereby approves the following Consent Agenda Items:

1. Items 1 and 2 be and are hereby received for information 2. Item 3 be and is hereby received and the recommendations contained therein be

adopted; and, with the exception of Item #1.

(ITEM P110-17 (2) & (3) 2. That, Report PD-141-17, regarding “Village Square Mall Site Plan, File No.:

2100-131-06 and Home Hardware Expansion”, dated October 10, 2017, be RECEIVED FOR INFORMATION.

3. (1) That, Report PD-135-17, regarding “Amendment to Fire Route By-law, Multi Use Recreation Site and Wellandport Library Site”, dated October 10, 2017, be RECEIVED; and,

(2) That, a By-law to amend the Fire Route by-law 97-2030 (2017-20), as amended, be approved by Township Council.)

RECOMMENDATION #2 - ITEM P110-17 (1):

1. That the Multi-Municipal Wind Turbine Working Group minutes of a meeting held on August 10, 2017 be received for information.

(b) ITEM P111-17

(1) That, report PD-138-17, regarding “Cindy Hunt and Harry Popiluk Application for Rezoning File No. 1601-012-17”, dated October 10, 2017, BE RECEIVED; and,

(2) That, a Recommendation Report be presented at a future Planning/Building/ Environmental Committee meeting once all agency and public comments have been received and reviewed.

(c) ITEM P112-17

(1) That, report PD-140-17, regarding “John Verdonk Application for Rezoning File Number 1601-011-17”, dated October 10, 2017, BE RECEIVED; and,

(2) That, Section 34(17) of the Planning Act apply and that no further public meeting is required.

(3) That, application for Zoning By-law Amendment 1601-011-17 submitted by John Verdonk, BE APPROVED.

(d) ITEM P113-17 (1) That, Report PD-136-17, regarding “Process to Authorize Minor Variances to the

Fence By-law (By-law 2017-99)”, dated October 10, 2017, be RECEIVED; and,


Planning/Building/Environmental Committee October 10, 2017 Page 2

(2) That, the Mayor and Clerk be authorized to sign a by-law to amend By-law 2002-112 to authorize the Committee of Adjustment to consider amendments to the Fence By-law 2017-99.

(e) ITEM P114-17

(1) That, Report PD-139-17, regarding the “Smithville Urban Expansion Project”, dated October 10, 2017 be RECEIVED; and,

(2) That Township staff be authorized to proceed forward with the draft timeline; process, study area, terms of reference and to work jointly with Regional staff to establish a budget for the entire work plan and report back to a future Planning/Building/ Environmental Committee.

(3) That staff be authorized to meet with and brief the public at an open house public consultation session in late October, 2017; and

(4) That staff be authorized to coordinate the meeting prior to ratification by Township Council.

(f) ITEM P115-17

(1) That, Report PD-122-17, regarding “Catalina Construction & Landscaping Corp. – Stepping Stones Condominium Development & Condominium Assumption Agreement File No.: 2000-083-16”, dated October 10, 2017, be RECEIVED; and,

(2) That, the Clerk be authorized to sign the Condominium Declaration, if required; and, (3) That, a By-law authorizing the Mayor and Clerk to enter into a Condominium

Assumption Agreement between the Corporation of the Township of West Lincoln and Catalina Construction & Landscaping Corp. and a Condominium Corporation (Niagara North Standard Condominium Corporation No.XXX (to be determined at a later date) BE APPROVED.

(g) ITEM P119-17

(1) That, Confidential Report PD-128-17 regarding Legal and a Property Issue BE RECEIVED; and,

(2) That, Staff be and are hereby authorized to proceed as directed in closed session with respect to a legal property/lease agreement issue.

_______________________________________________________________________________________________ TOWNSHIP OF WEST LINCOLN

PLANNING/BUILDING/ENVIRONMENTAL COMMITTEE MINUTES

MEETING NO. EIGHT HELD: Tuesday, October 10, 2017, Township Administration Building, 318 Canborough Street, Smithville – 6:33 p.m. PRESENT: Council: Councillor Joann Chechalk – Chair Mayor Douglas Joyner Councillor Terry Bell Councillor Dave Bylsma Councillor Cheryl Ganann Councillor Jason Trombetta Councillor Mike Rehner Staff: Joanne Scime, Deputy Clerk Brian Treble, Director of Planning & Building Gerrit Boerema, Planner II* Alexa Cooper, Planner I* Madyson Yule, Planner II* Others: Cindy Hunt*

Harry Popiluk* Dave McKinnell*

Steve Megannety* Fred VanderVelde* Angela Buonamici, IBI Group* Ralph Severino*

Lou DiLeonardo* Jowett Lau, Phelps Homes*

Zoey Gunn* And approximately 1 other member of the public*


1. CHAIR: Councillor Joann Chechalk 2. CHANGE IN ORDER OF ITEMS ON AGENDA: There were no changes in the order of items on the agenda. 3. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST:

There were no disclosures of pecuniary interest or conflicts of interest declared by any Members of the Committee.

NOTE: PUBLIC MEETING UNDER THE PLANNING ACT Planning Meeting required under the Planning Act will commence at 6:30 p.m.



(a) Zoning By-law Amendment – Cynthia Hunt & Harry Popiluk - File No. 1601-012-17

The Planning/Building/Environmental Committee meeting recessed at approximately 6:34 p.m. in order to deal with the above noted Public Meeting relating to the above noted Zoning By-law Amendment. The Planning/Building/Environmental Committee meeting reconvened at approximately 7:06 p.m.

4. APPOINTMENTS: There were no appointments. 5. REQUEST TO ADDRESS ITEMS ON THE AGENDA:

(a) Angela Buonamici, IBI Group

Re: Item P114-17 - Report No. PD-139-17 – Recommendation Report – Smithville Urban Expansion Project Angela Buonamici advised that she wished to address Item P114-17 (Recommendation Report PD-139-17) and noted that IBI Group represents some of the property owners who own lands in the North West Quadrant of Smithville and that they fully support the recommendation report being presented this evening and look forward to working with the Township with respect to the expansion of the urban boundary of Smithville.

6. CONSENT AGENDA ITEMS:

(a) ITEM P110-17

CONSENT AGENDA ITEMS: 1. Multi-Municipal Wind Turbine Working Group Minutes – August 10, 2017 2. Information Report PD-141-17 – Village Square Mall Site Plan (File No.: 2100-

131-06) and Home Hardware Expansion 3. Recommendation Report PD-135-17 – Amendment to Fire Route By-law, Multi

Use Recreation Site and Wellandport Library Site

SUMMARY OF RECOMMENDATIONS OF CONSENT AGENDA ITEMS APPROVED: 2. That, Report PD-141-17, regarding “Village Square Mall Site Plan, File No.:

2100-131-06 and Home Hardware Expansion”, dated October 10, 2017, be RECEIVED FOR INFORMATION.

3. (1) That, Report PD-135-17, regarding “Amendment to Fire Route By-law, Multi Use Recreation Site and Wellandport Library Site”, dated October 10, 2017, be RECEIVED; and,

(2) That, a By-law to amend the Fire Route by-law 97-2030 (2017-20), as amended, be approved by Township Council.

Moved by Councillor Dave Bylsma and seconded by Councillor Cheryl Ganann: That Council hereby approves the following Consent Agenda Items: 1. Items 1 and 2 be and are hereby received for information


2. Item 3 be and is hereby received and the recommendations contained therein be adopted; and,

with the exception of Item #1. - Carried.

Item P110-17(1) - Multi-Municipal Wind Turbine Working Group - Minutes of August 10, 2017 Councillor Bylsma and Councillor Chechalk (Township Representatives on the Multi-Municipal Wind Turbine Working Group) addressed the following questions with respect to the August 10, 2017 Multi-Municipal Wind Turbine Working Group Minutes, including but not limited to: (1) Section 4.1 - Delegations (page 2) – What was the reason for 12 minutes being

removed from the original video done by Mr. Dave Hemingway of the bus tour hosted by the Working Group in June 2016?

(2) Section 4.1 - Delegations (page 3) – Has the Township received their copy of Mr. Hemingway’s DVD as referenced in the minutes and can additional copies of the DVD be obtained if a need is determined for a copy of the DVD to be placed in the Caistorville and Wellandport libraries?

(3) Section 4.2 – Delegations (page 4) – Further details were requested regarding the comments made by Councillor Bylsma regarding the collection of noise monitoring data from industrial wind turbines in the Township. It was noted that this data had no value as an expert was needed to validate the data, which may be difficult due to the fact that the expert would not have collected the data himself/herself and also it would be expensive to have someone review the data and prepare a report.

Moved by Councillor Dave Bylsma and seconded by Councillor Terry Bell:

1. That the Multi-Municipal Wind Turbine Working Group minutes of a meeting

held on August 10, 2017 be received for information. - Carried. 7. COMMUNICATIONS:

There were no communications.

8. STAFF REPORTS:

(a) ITEM P111-17 Planner II (Gerrit Boerema) & Director of Planning & Building (Brian Treble)

Re: Report No. PD-138-17 – Technical Report – Zoning By-law Amendment – Cindy Hunt and Harry Popiluk (File No. 1601-012-17) Moved by Councillor Terry Bell and seconded by Councillor Cheryl Ganann: (1) That, report PD-138-17, regarding “Cindy Hunt and Harry Popiluk Application

for Rezoning File No. 1601-012-17”, dated October 10, 2017, BE RECEIVED; and,


(2) That, a Recommendation Report be presented at a future Planning/Building/ Environmental Committee meeting once all agency and public comments have been received and reviewed.

- Carried.

(b) ITEM P112-17 Planner II (Gerrit Boerema) & Director of Planning & Building (Brian Treble) Re: Report No. PD-140-17 – Recommendation Report –

Moved by Councillor Dave Bylsma and seconded by Councillor Mike Rehner: (1) That, report PD-140-17, regarding “John Verdonk Application for Rezoning File

Number 1601-011-17”, dated October 10, 2017, BE RECEIVED; and,

(2) That, Section 34(17) of the Planning Act apply and that no further public meeting is required.

(3) That, application for Zoning By-law Amendment 1601-011-17 submitted by

John Verdonk, BE APPROVED. - Carried.

(c) ITEM P113-17

Director of Planning & Building (Brian Treble) Re: Report No. PD-136-17 – Recommendation Report – Process to Authorize Minor Variances to the Fence By-law (By-law 2017-99) Moved by Mayor Douglas Joyner and seconded by Councillor Jason Trombetta: (1) That, Report PD-136-17, regarding “Process to Authorize Minor Variances to

the Fence By-law (By-law 2017-99)”, dated October 10, 2017, be RECEIVED; and,

(2) That, the Mayor and Clerk be authorized to sign a by-law to amend By-law

2002-112 to authorize the Committee of Adjustment to consider amendments to the Fence By-law 2017-99.

- Carried.

(d) ITEM P114-17 Director of Planning & Building (Brian Treble) Re: Report No. PD-139-17 – Recommendation Report – Smithville Urban Expansion Project Members of the Committee raised questions and/or concerns and made comments with respect to the Smithville Urban Boundary Expansion, including but not limited to the following: (1) It was noted that the target population of 29,460 and 8,280 jobs are forecast

numbers over the next 25 years and that the Township needs to take time to plan for the future and it was great to see that Regional staff are working with the Township to address the pressures for expansion in West Lincoln.


(2) What is the time frame for an urban boundary expansion for the Smithville Urban Area? (Response = The Director of Planning & Building advised that he would estimate it would take between 3 and 5 years to get the process approved.)

(3) Who would be responsible for the costs of hiring consultants to prepare the required studies and/or undertake the work necessary for an urban boundary expansion? (Response = The Director of Planning & Building advised that there have been discussions with respect to the developers front ending the costs of preparing the studies and/or doing the work with the understanding that there may be an opportunity to offset these costs at the time that development occurs on the developer’s properties. (i.e. during building permit phase and payment of development charges and securities, etc.))

(4) With respect to the proposed growth of Smithville, it was noted that it was hoped that the Region will also be considering all of the amenities that are needed such as schools, roads and bypasses.

(5) How much land is expected to be included as part of the urban boundary expansion? (Response = The Director of Planning & Building noted that although the study area was fairly large, the actual amount of land required will vary based on a number of critical components (i.e. (1) what the appropriate density target will be (i.e. 80 people/hectare), (2) how much infill and intensification can be achieved inside the existing urban boundaries.))

(6) Concern was noted regarding the removal of agricultural land as part of the urban boundary expansion and it was felt that infill and intensification will be an important component of this process in order to reduce the amount of agricultural lands being taken as part of an urban boundary expansion.

(7) Concern was noted that an urban boundary was needed as there are currently two businesses that are actively seeking to hire people with little success and one business had to expand in another area (Stoney Creek) because of the lack of available workers.

Moved by Mayor Douglas Joyner and seconded by Councillor Terry Bell: (1) That, Report PD-139-17, regarding the “Smithville Urban Expansion Project”,

dated October 10, 2017 be RECEIVED; and,

(2) That Township staff be authorized to proceed forward with the draft timeline; process, study area, terms of reference and to work jointly with Regional staff to establish a budget for the entire work plan and report back to a future Planning/Building/Environmental Committee.

(3) That staff be authorized to meet with and brief the public at an open house

public consultation session in late October, 2017; and (4) That staff be authorized to coordinate the meeting prior to ratification by

Township Council.

A recorded vote was requested by Mayor Douglas Joyner: Yes No

Councillor Terry Bell x Councillor Dave Bylsma x


Councillor Joann Chechalk x Councillor Cheryl Ganann x Councillor Mike Rehner x Councillor Jason Trombetta x Mayor Douglas Joyner x

_____ _____ Total 5 2

- Carried.

(e) ITEM P115-17 Director of Planning & Building (Brian Treble) Re: Report No. PD-122-17 – Recommendation Report – Catalina Construction & Landscaping Corp. – Stepping Stones Condominium Development & Condominium Assumption Agreement File No.: 2000-083-16 Moved by Mayor Douglas Joyner and seconded by Councillor Terry Bell: (1) That, Report PD-122-17, regarding “Catalina Construction & Landscaping Corp.

– Stepping Stones Condominium Development & Condominium Assumption Agreement File No.: 2000-083-16”, dated October 10, 2017, be RECEIVED; and,

(2) That, the Clerk be authorized to sign the Condominium Declaration, if required;

and, (3) That, a By-law authorizing the Mayor and Clerk to enter into a Condominium

Assumption Agreement between the Corporation of the Township of West Lincoln and Catalina Construction & Landscaping Corp. and a Condominium Corporation (Niagara North Standard Condominium Corporation No.XXX (to be determined at a later date) BE APPROVED.

- Carried.

9. OTHER BUSINESS: (a) ITEM P116-17

Director of Planning & Building (Brian Treble) Re: NPCA Living Landscape The Director of Planning & Building advised that at the last Planning/Building/ Environmental Committee meeting, staff had presented a report regarding the Niagara Peninsula Conservation Authority’s Living Landscape, which is their policy document that addresses the NPCA’s commitment to work with municipalities with respect to a watershed-based planning approach and will be used by staff and agencies as one of the main tools for decision-making within the NPCA’s jurisdiction. The Director of Planning & Building advised that the purpose of the review is to develop a new policy that the NPCA can use as a practical guide for evaluating development and site alteration while balancing their obligation to protect, preserve and enhance the natural environment within its legislative mandate. The Director of Planning & Building advised that he has contacted NPCA staff to have them attend a future Planning Committee meeting to review the proposed process.


(b) ITEM P117-17 Director of Planning & Building (Brian Treble)

Re: Memo - Catalina Construction & Landscaping Corp. Site Plan Agreement RECEIVED FOR INFORMATION (c) ITEM P118-17

Members of Committee Re: Other Business Matters of Information Nature

(1) Mayor Douglas Joyner

Re: Greater Niagara Chamber of Commerce – Niagara Economic Summit – October 26th, 2017 – White Oaks Conference Resort and Spa Mayor Joyner advised that he had sent an email to all Members of Council earlier today regarding the Niagara Economic Summit (Future of Niagara) which will be hosted by the Greater Niagara Chamber of Commerce on Thursday, October 26th, 2017 at White Oaks Conference Resort and Spa and will focus on (1) Accelerating Innovation for Jobs and Growth, (2) International Trade in the Age of Uncertainty; and, (3) The Next 150 Years – Transformation Change. Mayor Joyner advised that if there were any Members of Council who wished to attend this event, they should contact his Confidential Secretary as soon as possible.

(2) Councillor Dave Bylsma Re: Recent Passing of Mr. Allard Colyn – Former Alderman & Mayor Councillor Bylsma advised that former Mayor Allard Colyn had recently passed away and it was noted during his memorial service that he loved his community and the time that he served as an Alderman and Mayor for the Township of West Lincoln. Councillor Chechalk noted that it was her understanding that Mayor Joyner will have a moment of silence at the October 23rd, 2017 Council meeting in recognition of Mr. Colyn’s passing and his many years of service to the Township as the Mayor and as an Alderman.

(3) Councillor Terry Bell

Re: Wellandport Library – Sod Turning Ceremony Councillor Bell reminded Members of Council of the sod turning ceremony for the Wellandport Library on October 11th, 2017 at 1:00 p.m.

(4) Councillor Terry Bell Re: West Lincoln Chamber of Commerce - Small Business Week Breakfast – Smithville Christian High School – Tuesday, October 17, 2017 at 7:15 a.m.

Councillor Terry Bell reminded Members of Council of the West Lincoln Chamber of Commerce’s Small Business Week Breakfast which will be held at the Smithville Christian High School on Tuesday, October 17, 2017 at 7:15 a.m.


(5) Councillor Cheryl Ganann Re: West Lincoln Community Care – Annual Fundraiser Dinner – Saturday, October 21st, 2017 at the West Niagara Agricultural Centre - 5:15 p.m.

Councillor Cheryl Ganann advised Members of Council that she had tickets for the West Lincoln Community Care Annual Fundraiser Dinner which will be held on Saturday, October 21st, 2017 at the West Niagara Agricultural Centre, commencing at 5:15 p.m.

(6) Director of Planning & Building (Brian Treble) Re: Madyson Yule – Contract Planner II

The Director of Planning & Building introduced Ms. Madyson Yule, who was in attendance this evening and was recently hired, on a contract basis, as a Planner II.

10. NEW BUSINESS:

There were no new items of business. 11. CONFIDENTIAL MATTERS:

Moved by Councillor Dave Bylsma and seconded by Councillor Cheryl Ganann:

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: (a) ITEM P119-17

Director of Planning & Building (Brian Treble) Re: Legal & Property Matter – Confidential Report No. PD-128-17 – Proposed Change to Lease Agreement Applicable closed session exemption(s): - a proposed or pending acquisition or disposition of land by the municipality or local

board - litigation or potential litigation, including matters before administrative

tribunals, affecting the municipality or local board. (b) ITEM P120-17

Director of Planning & Building (Brian Treble) Re: Legal/Property/Solicitor-Client Privilege Matter – Industrial Wind Turbine Project - Road Use Agreement

Applicable closed session exemption(s): - litigation or potential litigation, including matters before administrative tribunals,

affecting the municipality or local board; - personal matters about an identifiable individual, including municipal or local board

employees; - security of the property of the municipality or local board; - advice that is subject to Solicitor-client privilege, including communications

necessary for that purpose. (c) ITEM P121-17

Director of Planning & Building (Brian Treble) Re: Legal Matters – By-law Enforcement Matter – Building Code Applicable closed session exemption(s):


- personal matters about an identifiable individual, including municipal or local board employees;

- 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

(d) ITEM P122-17 Director of Planning & Building (Brian Treble) Re: Legal Matter – Notice of Action Applicable closed session exemption(s): - personal matters about an identifiable individual, including municipal or local board

employees; - litigation or potential litigation, including matters before administrative

tribunals, affecting the municipality or local board; (e) ITEM P123-17

Director of Planning & Building (Brian Treble) Re: Legal Matter – Building Permit Matter/Court Action Applicable closed session exemption(s): - personal matters about an identifiable individual, including municipal or local board


tribunals, affecting the municipality or local board; - advice that is subject to Solicitor-client privilege, including communications

necessary for that purpose. (f) ITEM P124-17

Director of Planning & Building (Brian Treble) Re: Legal Matter – By-law Enforcement Updates – Various/Specific Clean Yard By-law Enforcement Matters Applicable closed session exemption(s): - personal matters about an identifiable individual, including municipal or local board


tribunals, affecting the municipality or local board; - advice that is subject to Solicitor-client privilege, including communications

necessary for that purpose. - Carried. (7:51 p.m.)

All Members of the Committee noted as present as well as the Director of Planning & Building and Deputy Clerk were in attendance during discussion of all closed session items.

Moved by Councillor Jason Trombetta and seconded by Councillor Cheryl Ganann:

That, this Council meeting does now resume in open session at 8:38 p.m. - Carried.

(a) ITEM P119-17

Director of Planning & Building (Brian Treble) Re: Legal & Property Matter – Confidential Report No. PD-128-17 – Proposed Change to Lease Agreement

Moved by Councillor Jason Trombetta and seconded by Councillor Cheryl Ganann:


(1) That, Confidential Report PD-128-17 regarding Legal and a Property Issue BE RECEIVED; and,

(2) That, Staff be and are hereby authorized to proceed as directed in closed session with respect to a legal property/lease agreement issue.

- Carried.

(b) ITEM P120-17 Director of Planning & Building (Brian Treble) Re: Legal/Property/Solicitor-Client Privilege Matter – Industrial Wind Turbine Project - Road Use Agreement

The Committee rose without reporting.

(c) ITEM P121-17 Director of Planning & Building (Brian Treble) Re: Legal Matters – By-law Enforcement Matter – Building Code


(d) ITEM P122-17 Director of Planning & Building (Brian Treble) Re: Legal Matter – Notice of Action


(e) ITEM P123-17 Director of Planning & Building (Brian Treble) Re: Legal Matter – Building Permit Matter/Court Action


(f) ITEM P124-17 Director of Planning & Building (Brian Treble) Re: Legal Matter – By-law Enforcement Updates – Various/Specific Clean Yard By-law Enforcement Matters


12. ADJOURNMENT:

The Chair declared the meeting adjourned at the hour of 8:41 p.m.

_____________________________ _____________________________________ JOANNE SCIME, DEPUTY CLERK CHAIR - COUNCILLOR JOANN CHECHALK

TOWNSHIP OF WEST LINCOLN ADMINISTRATION/FINANCE/FIRE

COMMITTEE SUMMARY DATE OF MEETING: October 16, 2017 SUMMARY OF RECOMMENDATIONS: (a) ITEM A81-17(1)

That, the Joint Accessibility Advisory Committee Minutes of September 14, 2017 be and are hereby accepted.

(b) ITEM A81-17 (2)

That, the West Lincoln’s Mayor’s Youth Advisory Committee (MYAC) Minutes of September 13, 2017 be and are hereby received for information

(c) ITEM A82-17

1. That, Report RFD-C-11-17, dated October 16, 2017, regarding “Renewal of Consultant Agreement with The Herrington Group Ltd. and continued participation in the Joint Accessibility Advisory Committee & Approval of the Multi-year Accessibility Plan”, be received; and,

2. That, the proposal submitted by The Herrington Group Ltd. to provide Consulting Services for a two-year period to ensure compliance with the Accessibility for Ontarians with Disabilities Act, 2005 and Ontarians with Disabilities Act, 2001 and to coordinate the activities of the Joint Accessibility Advisory Committee(JAAC), be accepted; and,

3. That, a by-law be passed authorizing the Mayor and Clerk to enter into an agreement with The Herrington Group Ltd. for consulting services for a two year period from February 1, 2018 to January 31, 2020, along with the other five participating municipalities; and,

4. That, the Township of West Lincoln continue to participate as a member of the Joint Accessibility Advisory Committee for 2018 and 2019 at a yearly cost of $10,000.00; and,

5. That, any surplus resulting from un-utilized funds from the $10,000 allocation, be held in the “Accessibility Reserve” and be used to deal with future accessibility issues/needs; and,

6. That, the 2018-2022 Multi-Year Accessibility Plan attached as Schedule A to this report, be and is hereby approved.

(d) *AMENDMENT TO BUDGET*

ITEM A83-17 1. That, Report RFD-T-21-17, regarding the “September 2017 Budget Status Report -

Amendment to Budget” be received; and, 2. That, a new reserve be established for funds received from the Community Fund

and that $74,219 be transferred into this new reserve; and, 3. That, a new reserve be established for the $6,100,000 funds received for the

Settlement of Section 4.4 & 4.5 of the Road Use Agreement funds to be used in the future as outlined in Report RFD-PW-23-2017; and,


Administration/Finance/Fire Committee October 16, 2017 Page 2

4. That, any unused funds relating to the $1,000 donation in memory of Jim Green be transferred into the Capital Reserve; and,

5. That, the $1,166 expended on the Building Department vehicle be funded through the Building Department Reserve; and,

6. That, the $3,225 expended on Bridge 12 be funded through the debenture issue previously approved by Council.

(e) ITEM A84-17

1. That, report RFD-T-22-17, regarding “2018 Budget Process and Schedule”, dated October 16, 2017 be received; and,

2. That, the departmental budgets be prepared using a variance-based approach; and,

3. That, the Preliminary Draft 2018 Operating and Capital Budgets and Ten Year Capital Plans be presented at the Administration meeting scheduled for Tuesday, February 20th, 2018 at 6:30 pm; and,

4. That a Public Budget Open House be held on Thursday, February 22nd, 2018 at 7:00 pm; and,

5. That, the Administration meeting on Monday, March 19th, 2018 at 6:30 pm be held to review the draft 2018 Operating and Capital Budgets, with an additional date set for further deliberation, if required, for Tuesday, March 20th, 2018 at 6:30pm; and,

6. That the Preliminary Draft 2018 Departmental Operating Budgets are not to exceed a 2% increase over the approved 2017 Departmental Operating Budgets.

(f) ITEM A85-17

1. That, Report RFD-CAO-01-17 dated October 16, 2017 regarding the “December 2017 & January 2018 Meeting Schedule and Holiday Hours”; be received; and,

2. That, the Meeting Schedule for the month of December, 2017 be approved as follows: (a) Mon., Dec. 4, 2017 Planning/Building/Environ. Comm. Mtg - 6:30 p.m.

(including Public Meetings under the Planning Act) Followed by Admin/Finance/Fire & Public Works/Rec/Arena Comm. Mtgs.

(b) Mon., Dec. 11, 2017 Council Meeting – 7:00 p.m. 3. That, the Meeting Schedule for the month of January, 2018 be approved as

follows: (a) Mon., Jan. 15, 2018 Planning/Building/Environ. Comm. Mtg. – 6:30 p.m.

(including Public Meetings under the Planning Act). (b) Mon., Jan. 22, 2018 Admin/Finance/Fire Comm. Mtg. – 6:30 p.m. Followed by the Public Works/Rec/Arena Committee Mtg. (c) Mon., Jan. 29, 2018 Council Meeting – 7:00 p.m.

4. That, the following Christmas Break Schedule be approved: (a) That, the Main Administration Office be closed on December 28th & 29th,

2017; and, (b) That, the Public Works Yard remain open on December 28th & 29th, 2017;

and, (c) That the Arena remain open, subject to program scheduling, from

December 24th, 2017 to January 1st, 2018 inclusive, with the exception of December 25th, 2017.

(g) ITEM A86-17

1. That, Report RFD-C-12-2017, dated October 16, 2017, regarding “Amendments to Refreshment Cart Licensing By-law 2010-20 – Delegate Authority to the Clerk to


Approve Daily Licences”, be received; and, 2. That, By-law 2010-20 be amended as follows:

(a) Section (2)(d) 5. under License and Application and Fee be deleted and replaced with the proposed new/revised Section (2)(d) 5. as outlined in this report.

(b) Section (3)(a) under Locations be amended by adding the word “annually” immediately after the word “licensed” in the first line.

(c) Section (3)(b) under Locations be deleted and replaced with the proposed new/revised Section (3)(b) as outlined in this report.

TOWNSHIP OF WEST LINCOLN ADMINISTRATION/FINANCE/FIRE

COMMITTEE MINUTES MEETING NO. SEVEN HELD: Monday, October 16, 2017, Township Administration Building, 318 Canborough Street, Smithville – 6:35 p.m. PRESENT: Council: Councillor Terry Bell – Chair Mayor Douglas Joyner Councillor Dave Bylsma Councillor Joann Chechalk Councillor Cheryl Ganann Councillor Jason Trombetta Councillor Mike Rehner Staff: Carolyn Langley, Acting CAO/Clerk Joanne Scime, Deputy Clerk

Donna DeFilippis, Treasurer/Director of Finance Dennis Fisher, Fire Chief* Brent Julian, Director of Public Works & Engineering* Vanessa Holm, CEO, West Lincoln Public Library

Others: Bill Gurney, Newline Skateparks* Rod Aitken, Ball Construction* Brayden Castrillo* Lucas Vasconcelos* Danavin MacDonald* And approximately one other member of the Public*

* IN ATTENDANCE PART TIME 1. CHAIR: Councillor Terry Bell 2. CHANGE IN ORDER OF ITEMS ON AGENDA:

Councillor Ganann suggested moving Item A79-17 (MURS Skatepark Design Presentation) forward prior to Ms. Donna Herrington’s appointment regarding the JAAC 2018-2022 Multi-Year Accessibility Plan due to the fact that there were some young men in the audience who were in attendance because of the skate park presentation. In response to Councillor Ganann’s suggestion, Chair Bell advised that Ms. Herrington had contacted the Acting CAO/Clerk and advised that she was ill and would be unable to attend this evening’s meeting. Chair Bell advised that the Acting CAO/Clerk would be providing a brief overview of some of the key actions needed to be taken by the Township with respect to accessibility; therefore, there would be no issues with moving Item A79-17 forward on the agenda (refer to page 2).


Administration/Finance/Fire Committee October 16, 2017 Page 2 3. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST:


4. APPOINTMENTS:

(b) ITEM A79-17 Bill Gurney, Newline Skateparks

Re: MURS Skatepark Design Presentation

Mr. Bill Gurney, Landscape Architect and a Senior Design Manager with Newline Skateparks presented an overview of the plan/design (included in the agenda) of the MURS Skate Park, including its location, the site plan and reviewed the three main areas of the skate park ((1) arrival/main area – flat level concrete area, (2) ramp area and (3) organic flow terrain area). Mr. Gurney advised that the design was based on providing an attractive and accessible skate park that would appeal to all age groups and skill levels while maximizing the budget and was inspired as part of the design workshop that was held in June 29th, 2017 at The Fort. Following his presentation, Mr. Gurney responded to questions and/or concerns from Members of the Committee, including but not limited to the following: (1) Accessibility of viewing/spectator area and skate-park (2) Is design within budget? (3) Accessible path to provide an accessible connection between the easterly

sidewalk and the viewing area. (4) Liability and injury mitigation (5) Designated area/wall for “tagging” (graffiti)? Mayor Joyner suggested that the Director of Public Works & Engineering contact the Town of Grimsby staff to inquire about the pros and cons of having a “tagging board” at a skate park and their experience in that regard. In response to Councillor Chechalk’s inquiries regarding accessibility, Mr. Gurney stated that accessibility was a consideration during the design and that the access areas were designed to accommodate for accessibility issues and that the low grade areas may be able to accommodate certain wheelchair users. Councillor Chechalk suggested that Mr. Gurney visit again before the concrete is poured for the skate park and that he or Mr. Julian could respond to questions and/ or concerns.

(a) ITEM A78-17 Donna Herrington, The Herrington Group (Township’s Consultant) Re: Joint Accessibility Advisory Committee - Township of West Lincoln 2018-2022 Multi-Year Accessibility Plan

Due to the fact that Ms. Herrington was unable to attend this evening’s meeting, the Acting CAO/Clerk advised that 2018-2022 Multi-Year Accessibility Plan was a required plan based on legislation. The Acting CAO/Clerk advised that most of the actions required under the plan are issues that have been addressed and require


maintenance; however, she noted that one main issue that will need to be addressed is the Township’s website, which is already somewhat compliant, but will need to be compliant to a higher level which will require associated costs to do so.

5. REQUEST TO ADDRESS ITEMS ON THE AGENDA:

There were no Members of the Public present who wished to address any items on the Administration/Finance/Fire Committee agenda.

6. FIRE DEPARTMENT UPDATE:

(a) ITEM A80-17

Fire Chief (Dennis Fisher) Re: Fire Department Monthly Update – September 2017

The Fire Chief reviewed his September 2017 Monthly Update which were included in the agenda package.


(a) ITEM A81-17

(1) Joint Accessibility Advisory Committee – Minutes of September 14, 2017 (2) West Lincoln’s Mayor’s Youth Advisory Committee (MYAC) – Minutes of

September 13, 2017

ITEM A81-17 (1) - Joint Accessibility Advisory Committee – Minutes of September 14, 2017 Councillor Chechalk advised that she was pleased to see in the minutes that the JAAC was proposing an initiative to visit schools within the six municipalities to discuss accessibility and bring awareness regarding disabilities. In response to Councillor Chechalk’s concerns regarding references in the minutes to named individuals who she was unfamiliar with, she suggested that the minutes note the full names of these individuals and their titles, etc. Councillor Bell advised that he would bring forth Councillor Chechalk’s suggestion to the next JAAC Committee meeting and request that more detail be provided with respect to individuals named in the minutes and their role(s). Moved by Councillor Joann Chechalk and seconded by Councillor Dave Bylsma: That, the Joint Accessibility Advisory Committee Minutes of September 14, 2017 be and are hereby accepted. - Carried.

ITEM A81-17 (2) - West Lincoln’s Mayor’s Youth Advisory Committee (MYAC) – Minutes of September 13, 2017 In response to Councillor Chechalk’s inquiry regarding how the Township was reaching out to recruit new Members to sit on the Mayor’s Youth Advisory


Committee, Mayor Joyner advised that an advertisement will be placed in the local newspaper and he will be dropping off letters and speaking to the Principals at the local schools and current members were also trying to recruit new members through word of mouth. Councillor Ganann noted that she was pleased that the MYAC Minutes had included details regarding FORT and its location and hours of operation. Moved by Councillor Dave Bylsma and seconded by Councillor Cheryl Ganann: That, the West Lincoln’s Mayor’s Youth Advisory Committee (MYAC) Minutes of September 13, 2017 be and are hereby received for information - Carried.

8. COMMUNICATIONS:

There were no communications. 9. STAFF REPORTS:

(a) ITEM A82-17 Clerk (Carolyn Langley) Re: Recommendation Report No. RFD-C-11-2017 - Renewal of Consultant Agreement with The Herrington Group Ltd. and continued participation in the Joint Accessibility Advisory Committee & Approval of the Multi-year Accessibility Plan In response to Councillor Chechalk’s inquiry regarding what was done with the surplus of the unutilized yearly funds ($10,000/municipality), the Acting CAO/Clerk advised that periodically financial statements are provided by Niagara-on-the-Lake, who manage the fund and when there is a surplus, a meeting is held between the Administrative Representatives and it is determined at that time whether the funds will be refunded to each municipality, or placed in the accessibility reserve. Moved by Councillor Joann Chechalk and seconded by Councillor Mike Rehner:

1. That, Report RFD-C-11-17, dated October 16, 2017, regarding “Renewal of

Consultant Agreement with The Herrington Group Ltd. and continued participation in the Joint Accessibility Advisory Committee & Approval of the Multi-year Accessibility Plan”, be received; and,

2. That, the proposal submitted by The Herrington Group Ltd. to provide Consulting Services for a two-year period to ensure compliance with the Accessibility for Ontarians with Disabilities Act, 2005 and Ontarians with Disabilities Act, 2001 and to coordinate the activities of the Joint Accessibility Advisory Committee(JAAC), be accepted; and,

3. That, a by-law be passed authorizing the Mayor and Clerk to enter into an agreement with The Herrington Group Ltd. for consulting services for a two year period from February 1, 2018 to January 31, 2020, along with the other five participating municipalities; and,


4. That, the Township of West Lincoln continue to participate as a member of the Joint Accessibility Advisory Committee for 2018 and 2019 at a yearly cost of $10,000.00; and,

5. That, any surplus resulting from un-utilized funds from the $10,000 allocation, be held in the “Accessibility Reserve” and be used to deal with future accessibility issues/needs; and,

6. That, the 2018-2022 Multi-Year Accessibility Plan attached as Schedule A to this report, be and is hereby approved.

- Carried.

(b) *AMENDMENT TO BUDGET* ITEM A83-17 Treasurer/Director of Finance (Donna DeFilippis) Re: Recommendation Report RFD-T-21-17 – September 2017 Budget Status Report - Amendment to Budget Councillor Chechalk questioned whether the settlement funds as part of the Road Use Agreement would be tracked within the Capital Reserve or whether a new reserve should be established so the settlement funds are tracked similar to the new reserve being established for the Community Fund. The Treasurer/Director of Finance advised that she was recommending that a Community Fund reserve be established as these funds will be a new source of income; however, in response to Councillor Chechalk’s concerns, she noted that she had no issue if the Committee wished to have a new reserve established for tracking of the settlement funds as part of the Road Use Agreement. The Treasurer/Director of Finance advised that the Capital Reserve does include a multitude of different projects; however, she noted that each project is tracked separately which would include tracking of the settlement road use funds. Councillor Ganann provided comments regarding the Library estimated $35,000 surplus under Item A84-17 (see below).

Moved by Councillor Joann Chechalk and seconded by Councillor Mike Rehner: 1. That, Report RFD-T-21-17, regarding the “September 2017 Budget Status

Report - Amendment to Budget” be received; and, 2. That, a new reserve be established for funds received from the Community

Fund and that $74,219 be transferred into this new reserve; and, 3. That, $6,100,000 of the Settlement of Section 4.4 & 4.5 of the Road Use

Agreement funds be transferred into the Capital Reserve to be used in the future as outlined in report RFD- PW-23-2017; and,

4. That, any unused funds relating to the $1,000 donation in memory of Jim Green be transferred into the Capital Reserve; and,

5. That, the $1,166 expended on the Building Department vehicle be funded through the Building Department Reserve; and,

6. That, the $3,225 expended on Bridge 12 be funded through the debenture issue previously approved by Council.

- Carried AS AMENDED (see below).


Moved by Councillor Joann Chechalk and seconded by Councillor Cheryl Ganann: That, Recommendation #3 of Item P83-17 be removed and replaced with the following new Recommendation #3:

3. That, a new reserve be established for the $6,100,000 funds received for

the Settlement of Section 4.4 & 4.5 of the Road Use Agreement funds to be used in the future as outlined in Report RFD-PW-23-2017; and

- Carried.

(c) ITEM A84-17 Treasurer/Director of Finance (Donna DeFilippis) Re: Recommendation Report No. RFD-T-22-17 - 2018 Budget Process and Schedule

Councillor Ganann stated that she wanted Members of Committee to be aware that, to date, nothing has been done in 2017 with respect to pay equity for library staff and that the $35,000 estimated operating surplus would be used to help offset pay equity requirements/costs for library staff. In response to Councillor Ganann’s above noted comment, the Treasurer/Director of Finance advised that any operating surplus from the Library would go into a reserve and that during the 2018 budget deliberations, the Library Board would need to advise through their minutes that they would like these funds to be used to pay their staff pay equity for 2017. The Treasurer/Director of Finance advised that if the Region was able to provide the Library Board with the pay equity amounts for 2017, the Board could approve these amounts and advise the Finance Department accordingly, which could be set up as an accrual in 2017 and thus help pay the 2017 pay equity retro payments to staff at a later date instead of putting the surplus funds into a reserve.


1. That, report RFD-T-22-17, regarding “2018 Budget Process and Schedule”,

dated October 16, 2017 be received; and, 2. That, the departmental budgets be prepared using a variance-based

approach; and, 3. That, the Preliminary Draft 2018 Operating and Capital Budgets and Ten

Year Capital Plans be presented at the Administration meeting scheduled for Tuesday, February 20th, 2018 at 6:30 pm; and,

4. That a Public Budget Open House be held on Thursday, February 22nd, 2018 at 7:00 pm; and,

5. That, the Administration meeting on Monday, March 19th, 2018 at 6:30 pm be held to review the draft 2018 Operating and Capital Budgets, with an additional date set for further deliberation, if required, for Tuesday, March 20th, 2018 at 6:30pm; and,

6. That the Preliminary Draft 2018 Departmental Operating Budgets are not to exceed a 2% increase over the approved 2017 Departmental Operating Budgets.

- Carried.


(d) ITEM A85-17 Acting CAO/Clerk (Carolyn Langley) Re: Recommendation Report RFD-CAO-01-17 - December 2017 & January 2018 Meeting Schedule and Holiday Hours Mayor Joyner noted that the December calendar as attached to Report RFD-CAO-01-2017 as Schedule “A” indicated December 11th, 2017 as being the date of the All Standing Committee meeting and December 18th, 2017 as being the date for the Council meeting. The Acting CAO/Clerk confirmed that the December calendar attached to the Report was incorrect and that the December calendar should have stated December 4th, 2017 as being the date of the All Standing Committee meeting and December 11th, 2017 as being the date for the Council meeting. Moved by Councillor Jason Trombetta and seconded by Councillor Joann Chechalk: 1. That, Report RFD-CAO-01-17 dated October 16, 2017 regarding the

“December 2017 & January 2018 Meeting Schedule and Holiday Hours”; be received; and,

2. That, the Meeting Schedule for the month of December, 2017 be approved as follows: (a) Mon., Dec. 4, 2017 Planning/Building/Environ. Comm. Mtg - 6:30

p.m. (including Public Meetings under the Planning Act) Followed by Admin/Finance/Fire & Public Works/Rec/Arena Comm. Mtgs.

(b) Mon., Dec. 11, 2017 Council Meeting – 7:00 p.m. 3. That, the Meeting Schedule for the month of January, 2018 be approved as

follows: (a) Mon., Jan. 15, 2018 Planning/Building/Environ. Comm. Mtg. – 6:30

p.m. (including Public Meetings under the Planning Act). (b) Mon., Jan. 22, 2018 Admin/Finance/Fire Comm. Mtg. – 6:30 p.m. Followed by the Public Works/Rec/Arena Committee Mtg. (c) Mon., Jan. 29, 2018 Council Meeting – 7:00 p.m.

4. That, the following Christmas Break Schedule be approved: (a) That, the Main Administration Office be closed on December 28th &

29th, 2017; and, (b) That, the Public Works Yard remain open on December 28th & 29th,

2017; and, (c) That the Arena remain open, subject to program scheduling, from

December 24th, 2017 to January 1st, 2018 inclusive, with the exception of December 25th, 2017.

- Carried. (e) ITEM A86-17

Acting CAO/Clerk (Carolyn Langley) Re: Recommendation Report RFD-C-12-2017 Amendments to Refreshment Cart Licensing By-law 2010-20 – Delegate Authority to the Clerk to Approve Daily Licenses


Moved by Councillor Dave Bylsma and seconded by Mayor Douglas Joyner:

1. That, Report RFD-C-12-2017, dated October 16, 2017, regarding “Amendments to Refreshment Cart Licensing By-law 2010-20 – Delegate Authority to the Clerk to Approve Daily Licences”, be received; and,

2. That, By-law 2010-20 be amended as follows: (a) Section (2)(d) 5. under License and Application and Fee be deleted

and replaced with the proposed new/revised Section (2)(d) 5. as outlined in this report.

(b) Section (3)(a) under Locations be amended by adding the word “annually” immediately after the word “licensed” in the first line.

(c) Section (3)(b) under Locations be deleted and replaced with the proposed new/revised Section (3)(b) as outlined in this report.

- Carried. (f) ITEM A87-17

Acting CAO/Clerk (Carolyn Langley) Re: West Lincoln Age Friendly Advisory Committee

The Acting CAO/Clerk advised that the Township will be placing an advertisement likely in next week’s newspaper to solicit for Committee Members for the West Lincoln Age Friendly Advisory Committee.

10. OTHER BUSINESS:

(a) ITEM P88-17 Councillor Rehner Re: Livestock Valuation Issue

Councillor Rehner advised that Mr. Clifford Travis, who is one of the Township’s Stock Evaluators, was unable to attend this evening’s meeting and he requested that this matter be moved to next month’s Administration Committee so Mr. Travis could be in attendance at the meeting to speak to the issue and answer questions from Members of the Committee. Direction was given to staff to move this matter to the November Administration/ Finance/Fire Committee meeting.

(b) ITEM A89-17 Members of Committee Re: Verbal Updates from Members of Boards and Committees There were no verbal updates. (c) ITEM A90-17

Members of the Committee Re: Other Business Items of an Informative Nature

(1) Councillor Jason Trombetta

Re: Station 2 Fire Department - Open House & Breakfast – Saturday, October 14, 2017


Councillor Trombetta noted that Station 2 Fire Department’s Open House and Breakfast held on Saturday, October 14, 2017 was well attended and that he was pleased to see that the washroom renovations have been completed. Councillor Rehner advised that when attending Station 2’s Open House and Breakfast, he was speaking to some of the firefighters who indicated that they had volunteered over 200 hours to assist with the renovations that have been undertaken. Further to Councillor Rehner’s comments, Councillor Trombetta advised that there were some residents that also donated their time to help with the renovations as well as a resident who had donated kitchen cabinets which will be installed at the fire hall. Councillor Trombetta thanked the firefighters and residents for their generosity in donating their time and materials towards the renovations at Station 2.

(2) Mayor Douglas Joyner

Re: Availability of Tickets for the West Lincoln Community Care Annual Fundraiser Dinner – Saturday, October 21st, 2017 at the West Niagara Agricultural Centre

In response to Mayor Joyner’s inquiry regarding whether there were tickets still available for the West Lincoln Community Care Annual Fundraiser Dinner to be held on Saturday, October 21st, 2017 at the West Niagara Agricultural Centre, Councillor Cheryl Ganann advised that there were no tickets available unless someone cancelled. Councillor Ganann noted that Community Care had increased their ticket sales from 200 to 223 due to overwhelming response; however, she noted that they could not increase to an amount beyond 223.

(3) Mayor Douglas Joyner Re: 2nd Annual Spotlight Gala - Kristen French Child Advocacy Centre

Niagara - Thursday, October 19, 2017 at Club Roma

Mayor Douglas Joyner advised that the Kristen French Child Advocacy Centre Niagara will be holding their 2nd Annual Spotlight Gala on Thursday, October 19, 2017 at Club Roma which will feature Mr. Sheldon Kennedy as the keynote speaker, who was best known for his courageous decision to charge his Major Junior Hockey league coach with sexual assault for the abuse he suffered over a five year period while a teenager under his care. Mayor Joyner advised that Mr. Kennedy is the Co-Founder of Respect Group Inc. and the Lead Director of the Sheldon Kennedy Child Advocacy Centre in Calgary.

11. NEW BUSINESS:

There were no new items of business.

Administration/Finance/Fire Committee October 16, 2017 Page 10 12. CONFIDENTIAL MATTERS: There were no confidential matters. 13. ADJOURNMENT: The Chair declared the meeting adjourned at the hour of 8:08 p.m. _____________________________ ________________________________ JOANNE SCIME, DEPUTY CLERK COUNCILLOR TERRY BELL

j

TOWNSHIP OF WEST LINCOLN PUBLIC WORKS/RECREATION/ARENA

COMMITTEE SUMMARY DATE OF MEETING: October 16, 2017 SUMMARY OF RECOMMENDATIONS: (a) ITEM PW50-17

1. That report RFD PW-30-2017, re: “Water and Wastewater Servicing Memorandums of Understanding (MOU) with the Niagara Region” dated October 16, 2017, be received; and,

2. That, Council endorses both Memorandums of Understanding (MOU) and authorize the Director of Public Works and Engineering to enter into the MOU (Attachment ‘A’ and ‘B’) with the Niagara Region to establish a new Servicing Agreement between the Township of West Lincoln and the Niagara Region.

(b) *AMENDMENT TO BUDGET*

ITEM PW51-17 1. That, Report RFD PW-31-2017, re: Road Rehabilitation Tender Authorization –

AMENDMENT TO BUDGET, dated October 16, 2017, be received; and, 2. That, Council accept the tender submission by Norjohn Contracting and Paving

Ltd. for the road restoration works, in the amount of $3,523,429.00 (plus HST); and,

3. That, Council approve the project budget of $3,598,429.00 (plus HST); and, 4. That, a By-Law be passed to authorize the Mayor and Clerk to enter into an

agreement with Norjohn Contracting and Paving Ltd.

(c) *AMENDMENT TO BUDGET* ITEM PW52-17 1. That, Report RFD PW-32-2017, re: Wade Rd, Colver St and Station St Sanitary

Rehabilitation Tender and Thompson Rd Sanitary Sewer Upgrade Tender Authorization – AMENDMENT TO BUDGET, dated October 16, 2017, be received;

2. That, Council accept the tender submission by PipeFlo Contracting Corp. for the sanitary rehabilitation works, in the amount of $145,987.50 (plus HST);

3. That, Council accept the tender submission by Gedco Excavating Ltd for the sanitary sewer upgrade works, in the amount of $146,561.65 (plus HST);

4. That, Council approve an Amendment to Budget to approve the completion of the projects outlined in this report with a total expenditure of $349,523 to be financed by Federal and Provincial Funding of $198,141, and a transfer from the Sewer Reserve of $151,382; and,

5. That, a By-Law be passed to authorize the Mayor and Clerk to enter into an agreement with PipeFlo Contracting Corp.; and,

6. That, a By-Law be passed to authorize the Mayor and Clerk to enter into an agreement with Gedco Excavating Ltd.


j

TOWNSHIP OF WEST LINCOLN PUBLIC WORKS/RECREATION/ARENA

COMMITTEE MINUTES MEETING NO. EIGHT HELD: Monday, October 16, 2017 Township Administration Building, 318 Canborough Street, Smithville – 8:11 p.m. PRESENT: Council: Councillor Jason Trombetta – Chair Mayor Douglas Joyner Councillor Terry Bell Councillor Dave Bylsma Councillor Joann Chechalk Councillor Cheryl Ganann Councillor Mike Rehner* (refer to page 3) Staff: Carolyn Langley, Acting CAO/Clerk Joanne Scime, Deputy Clerk Brent Julian, Director of Public Works & Engineering

Vanessa Holm, CEO, West Lincoln Public Library * IN ATTENDANCE PART TIME 1. CHAIR: Councillor Jason Trombetta 2. CHANGE IN ORDER OF ITEMS ON AGENDA: There were no changes in the order of items on the agenda. 3. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST:


4. APPOINTMENTS:

There were no appointments. 5. REQUEST TO ADDRESS ITEMS ON THE AGENDA:

There were no members of the public present who wished to address any items on the Public Works/Recreation/Arena Committee agenda.


There were no consent agenda items.

7. COMMUNICATIONS: There were no communications.


Public Works/Recreation/Arena October 16, 2017 Page 2

8. STAFF REPORTS:

(a) ITEM PW50-17 Director of Public Works & Engineering (Brent Julian) Re: Recommendation Report RFD PW-30-2017 – Water and Wastewater Servicing Memorandums of Understanding (MOU) with the Niagara Region Moved by Councillor Joann Chechalk and seconded by Councillor Terry Bell: 1. That report RFD PW-30-2017, re: “Water and Wastewater Servicing

Memorandums of Understanding (MOU) with the Niagara Region” dated October 16, 2017, be received; and,

2. That, Council endorses both Memorandums of Understanding (MOU) and authorize the Director of Public Works and Engineering to enter into the MOU (Attachment ‘A’ and ‘B’) with the Niagara Region to establish a new Servicing Agreement between the Township of West Lincoln and the Niagara Region.

- Carried.

(b) *AMENDMENT TO BUDGET* ITEM PW51-17 Director of Public Works & Engineering (Brent Julian) Re: Recommendation Report RFD PW-31-2017 – Road Rehabilitation Tender Authorization – Amendment to Budget

Moved by Councillor Cheryl Ganann and seconded by Councillor Terry Bell:

1. That, Report RFD PW-31-2017, re: Road Rehabilitation Tender Authorization –

AMENDMENT TO BUDGET, dated October 16, 2017, be received; and, 2. That, Council accept the tender submission by Norjohn Contracting and Paving

Ltd. for the road restoration works, in the amount of $3,523,429.00 (plus HST); and,

3. That, Council approve the project budget of $3,598,429.00 (plus HST); and, 4. That, a By-Law be passed to authorize the Mayor and Clerk to enter into an

agreement with Norjohn Contracting and Paving Ltd. - Carried.

(c) *AMENDMENT TO BUDGET*

ITEM PW52-17 Director of Public Works & Engineering (Brent Julian) Re: Recommendation Report RFD PW-32-2017 – Wade Road, Colver Street and Station Street Rehabilitation Tender and Thomson Road Sanitary Sewer Upgrade Tender – Amendment to Budget

Moved by Councillor Terry Bell and seconded by Councillor Joann Chechalk:

1. That, Report RFD PW-32-2017, re: Wade Rd, Colver St and Station St Sanitary

Rehabilitation Tender and Thompson Rd Sanitary Sewer Upgrade Tender Authorization – AMENDMENT TO BUDGET, dated October 16, 2017, be received;

2. That, Council accept the tender submission by PipeFlo Contracting Corp. for the sanitary rehabilitation works, in the amount of $145,987.50 (plus HST);


3. That, Council accept the tender submission by Gedco Excavating Ltd for the sanitary sewer upgrade works, in the amount of $146,561.65 (plus HST);

4. That, Council approve an Amendment to Budget to approve the completion of the projects outlined in this report with a total expenditure of $349,523 to be financed by Federal and Provincial Funding of $198,141, and a transfer from the Sewer Reserve of $151,382; and,

5. That, a By-Law be passed to authorize the Mayor and Clerk to enter into an agreement with PipeFlo Contracting Corp.; and,

6. That, a By-Law be passed to authorize the Mayor and Clerk to enter into an agreement with Gedco Excavating Ltd.

- Carried.

9. OTHER BUSINESS:

(a) ITEM PW53-17 Director of Public Works & Engineering (Brent Julian) Re: MURS Update Councillor Rehner left the meeting for a few minutes at approximately 8:22 p.m. and returned at approximately 8:25 p.m. The Director of Public Works & Engineering read from a prepared statement, which is attached to the minutes as Schedule “A” which provided an update with respect to the Multi-Use Recreation Facility (MURS).

(b) ITEM PW54-17 CEO, West Lincoln Public Library (Vanessa Holm) Re: Wellandport Library and Hall Project Update The CEO of the West Lincoln Public Library provided a verbal update with respect to the Wellandport Library and Hall Project and advised that asbestos was found during the demolition stage resulting in Change Order # 1 which was issued to hire an abatement company to remove the asbestos. The CEO advised that it was only a small amount and took only one day to remediate at a cost of $1,023.75 (includes HST), which she noted was taken from the Construction Contingency Fund of $75,000.

(c) ITEM PW55-17 Members of Council Re: Other Business Items of an Informative Nature

(1) Councillor Cheryl Ganann

Re: Wellandport Library & Hall – Ground Breaking Ceremony

Councillor Ganann thanked staff for organizing the ground breaking ceremony for the Wellandport Library and Hall on October 11th, 2017 and thanked the Wellandport Market & Deli for providing the refreshments.

(2) Acting CAO/Clerk (Carolyn Langley)

Re: Report of Change Orders for Wellandport Library & Hall & MURS


The Acting CAO/Clerk noted that the CEO of the West Lincoln Public Library had reported earlier in the meeting regarding the first change order that was issued for the Wellandport Library & Hall project. The Acting CAO/Clerk stated that this project and the MURS project will be moving forward fast and furiously and that Council will receive summary updates of the change orders that are approved for each project.

Following much discussion among Members of the Committee regarding the

reporting of costs applied against the contingency for the projects, it was the consensus of the Committee Members that staff would report monthly on the amounts remaining in the Contingency Account for the Wellandport Library & Hall project and the MURS project and highlight any large change order amounts.

10. NEW BUSINESS:

There were no new items of business.

11. CONFIDENTIAL MATTERS: There were no confidential matters. 12. ADJOURNMENT: The Chair declared the meeting adjourned at the hour of 8:40 p.m. ______________________________ _______________________________ JOANNE SCIME, DEPUTY CLERK COUNCILLOR JASON TROMBETTA

Public Works Verbal Update – October 16th, 2017

Design/Build Recreational Site & Library:

· The design committee continues to meet with BallConstruction and the design is moving along

· Construction of the sanitary sewer commenced and is nearcompletion

· As Council is aware, we had a watermain break two weeksago as the contractor was crossing the watermain whenworking on the sanitary sewer. This can be normal workingaround watermains. It was up and running with no loss ofarena ice.

· The contractor will be constructing watermain next, and areworking on permit for the same. Footings excavationplanned for next week

· As you heard earlier, the Skate Park design is movingforward

· The site plan review is close to completion

· Ball Construction has advised us that rebar for the building istentatively scheduled to be delivered the week of November6th

· At the November Public Works Committee meeting, thearchitect will be available to provide an update regarding theinterior of the building design

318 Canborough St. P.O. Box 400Smithville, ONL0R 2A0T: 905-957-3346F: 905-957-3219www.westlincoln.ca

SCHEDULE "A" TO THE 0CTOBER 16, 2017, PUBLIC WORKS/RECREATION/ ARENA COMM. MINUTES

· Lastly, the Fundraising Campaign; the campaign readinessphase has commenced with materials and plans are beingformulated. Once this is done there will be a presentation toCouncil. The campaign readiness phase is expected to becompleted by years end, with implementation in the NewYear.

SCHEDULE "A" TO THE 0CTOBER 16, 2017, PUBLIC WORKS/RECREATION/ ARENA COMM. MINUTES


BY-LAW NO. 2017-106

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 SEPTEMBER, 2017.

WHEREAS the Municipal Act 2001, S.O. 2001, Chapter 25, as amended, Section 5(1), provides that the powers of a municipal corporation shall be exercised by its Council; AND WHEREAS the Municipal Act 2001, S.O. 2001, Chapter 25, as amended, Section 5(3) provides that except where otherwise provided, the powers of any Council shall be exercised by by-law; AND WHEREAS in many cases, action which is taken or authorized to be taken by Council does not lend itself to the passage of an individual by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That the minutes of the fourteenth meeting, regular, held on the 25th day of

September, 2017 of the Municipal Council of the Corporation of the Township of West Lincoln, be and the same are hereby adopted.

2. That where no individual by-law has been or is passed with respect to the taking

of any action authorized in or by the above mentioned minutes or with respect to the exercise of any powers by the Council in the above mentioned minutes, then this By-law shall be deemed for all purposes to be the By-law required for approving and authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers therein by the Council.

3. That the Mayor and the proper officers of the Corporation of the Township of

West Lincoln are hereby authorized and directed to do all things necessary to give effect to the said action of the Council or to obtain approvals where required and, except where otherwise provided, the Mayor, Clerk, and/or the Administrator are hereby directed to execute all documents necessary on behalf of the Corporation of the Township of West Lincoln and to affix thereto the corporate seal of the Corporation of the Township of West Lincoln.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF OCTOBER, 2017. ______________________________ MAYOR DOUGLAS JOYNER ______________________________ CAROLYN LANGLEY, CLERK


BY-LAW NO. 2017-107

BEING A BY-LAW TO AMEND BY-LAW 2002-112, AS AMENDED WHICH APPOINTS A COMMITTEE OF ADJUSTMENT, DELEGATES THE AUTHORITY FOR CONSIDERING APPLICATIONS FOR MINOR VARIANCES AND CONSENTS, PROVIDES FOR COMPENSATION FOR THE MEMBERS OF THE COMMITTEE OF ADJUSTMENT, ADOPTS POLICIES, PROCEDURES AND CONDITIONS FOR THE OPERATION OF THE COMMITTEE OF ADJUSTMENT, AND ESTABLISHES A TARIFF OF FEES UNDER THE PLANNING ACT.

WHEREAS the Council of the Corporation of the Township of West Lincoln enacted By-law 2002-112, as amended to appoint a Committee of Adjustment, to delegate the authority for considering applications for minor variances and consents, to provide for compensation for the members of the Committee of Adjustment, to adopt Policies, Procedures and Conditions for the Operation of the Committee of Adjustment, and to establish a Tariff of Fees under the Planning Act; AND WHEREAS the Township of West Lincoln now deems it expedient to amend Schedule “C” of By-law 2002-112, as amended to empower the Committee of Adjustment to make decisions on fence variance applications for the Township of West Lincoln;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. Adding the following as Clause 8 to Schedule “C” and subsequently

renumbering each clause thereafter respectively.

“8. That the Committee is hereby empowered to make decisions on fence variance applications in accordance with sections 2 and 3 of the Township of West Lincoln Fence By-law being By-law 2017-99.”

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF OCTOBER, 2017. ____________________________ MAYOR DOUGLAS JOYNER ______________________________ CAROLYN LANGLEY, CLERK


BY-LAW NO. 2017-108

A BY-LAW TO AMEND ZONING BY-LAW NO. 2017-70, AS AMENDED, OF THE TOWNSHIP OF WEST LINCOLN

WHEREAS THE TOWNSHIP OF WEST LINCOLN COUNCIL IS EMPOWERED TO ENACT THIS BY-LAW BY VIRTUE OF THE PROVISIONS OF SECTION 34 OF THE PLANNING ACT, RSO 1990; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN HEREBY enacts as follows: 1. THAT Schedule ‘A’ Map C8 to Zoning By-law No. 2017-70, as amended, is hereby

amended by changing the zoning on Part Lot 12 and 13, Concession 5 being Plan 30R10290, in the former Township of Gainsborough, now in the Township of West Lincoln, municipally known as 2251 Silverdale Road in the Hamlet of Silverdale, shown as the subject lands on Schedule ‘A’, attached hereto and forming part of this By-law.

2. That Map C8 to Schedule ‘A’ to Zoning By-law 2017-70, as amended, is hereby

amended by changing the zoning on part of the subject lands shown on Schedule ‘A’, attached hereto and forming part of this By-law from a Residential ‘R1A’ zone to a Residential Exception ‘R1A- 141’ zone.

3. That Map C8 to Schedule ‘A’ to Zoning By-law 2017-70, as amended, is hereby

amended by changing the zoning on the subject lands shown on Schedule ‘A’, attached hereto and forming part of this By-law from an Agricultural ‘A’ zone to an Agricultural Exception ‘A-142’ zone.

4. THAT Part 6 (R1A Zone) of Zoning By-law 2017-70, as amended, is hereby

amended by adding the following to Part 13.2:

R1A-141 Permitted Uses: As per Parent Zone. Regulations:

As per Parent Zone, except: Any dwelling proposed to be built or expanded cannot exceed a maximum sewage flow rate of 1,600 litres per day. The maximum lot coverage for all accessory buildings shall not exceed 2% of the lot area. Accessory buildings are only permitted within the rear yard with a front yard setback of no less than 51 metres, a rear yard setback of no less than 5 metres, a south lot line setback of no less than 5 metres, a north lot line setback of no less than 35 metres and a minimum 1 metre setback to the proposed septic bed mantel and reserved septic ben mantel. All other provisions of the R1A zone apply.

5. THAT Part 5 (A zone) of Zoning By-law 2017-70, as amended, is hereby amended by adding the following to Part 13.2: A-142 Permitted Uses: As per Parent Zone. Regulations:

As per Parent Zone, except: the minimum lot area Shall be 18.4 hectares. All other provisions of the Agricultural A Zone apply

6. THAT all other provisions of Bylaw 2017-70 continue to apply.

7. AND THAT this By-law shall become effective from and after the date of passing

thereof. READ A FIRST, SECOND AND THIRD

TIME AND FINALLY PASSED THIS 23rd DAY OF OCTOBER, 2017.

____________________________ MAYOR DOUGLAS JOYNER ____________________________ CAROLYN LANGLEY, CLERK

EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NO. 2017-108 This By-law involves a parcel of land located on the east side of Silverdale Road, just South of Sixteen Road and is legally described as Part Lot 12 and 13, Concession 5 being Plan 30R10290, in the former Township of Gainsborough, now in the Township of West Lincoln, municipally known as 2251 Silverdale Road in the Hamlet of Silverdale. The subject lands were zoned as Agricultural ‘A’ and Residential ‘R1A’. The rezoning was a condition of consent application B3/2017WL. This application for rezoning has been submitted to fulfil a condition of consent application B3/2017WL to rezone the retained portion of the lands from Agriculture ‘A’ to Agricultural ‘A’ with site specific exceptions because of deficient lot size and to rezone the severed residential parcel from Residential ‘R1A’ to Residential ‘R1A’ with site specific exception to limit the size of a new dwelling based on a maximum sewage flow rate of 1,600 liters per day and restrict development within the rear yard to ensure adequate room for a septic system and contingency bed. The Public Meeting was held on September 11, 2017. File: 1601-011-17 Applicants: John Verdonk

A

APO

C3

I

OS

R1A

A(T-1)

A-142

A-142

OS

APO

RuR

R1A

R1A-141

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BY-LAW NO. 2017-109

A BY-LAW TO AUTHORIZE THE TOWNSHIP OF WEST LINCOLN TO ENTER INTO A SITE PLAN AGREEMENT WITH CATALINA CONSTRUCTION & LANDSCAPING CORPORATION AND MERIDIAN CREDIT UNION ON LANDS DESCRIBED AS PART LOT 11, CONCESSION 9, BEING PART OF LOT 1 REGISTERED PLAN M98 and RP 30R11919, PART 1; THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT IN THE FORMER TOWNSHIP OF SOUTH GRIMSBY, NOW IN THE TOWNSHIP OF WEST LINCOLN

WHEREAS the Corporation of the Township of West Lincoln deems it expedient to enter into a Site Plan Agreement with Catalina Construction & Landscaping Corporation and Meridian Credit Union on the lands described as Part of Lot 11, Concession 9, being Part of Lot 1 Registered Plan M98 and RP 30R11919, Part 1; West Lincoln; this is not a plan of subdivision within the meaning of the Planning Act in the former Township of South Grimsby, now in the Township of West Lincoln. AND WHEREAS approval and authority for such Site Plan Agreement is required; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That the Council of the Corporation of the Township of West Lincoln enter into a

Site Plan Agreement with Catalina Construction & Landscaping Corporation and Meridian Credit Union on lands described as Part Lot 11, Concession 9, being Part of Lot 1 Registered Plan M98 and RP 30R11919, Part 1; West Lincoln; this is not a plan of subdivision within the meaning of the Planning Act in the former Township of South Grimsby, now in the Township of West Lincoln.

2. That the Mayor and Clerk be and each of them is hereby authorized to sign the

said Site Plan Agreement and any other document or documents necessary to implement the intent of this By-law and the said Site Plan Agreement, and the Clerk is hereby authorized to affix the Corporate Seal thereto and deliver the same to the appropriate parties.

3. That a copy of the said Site Plan Agreement and any supplementary

Agreements, when executed by the said parties shall be attached hereto as "Schedule A", shall form part of this By-law, and shall be registered on title.

4. That, By-law 2017-10 be and is hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF OCOTBER, 2017. ____________________________ MAYOR DOUGLAS JOYNER _____________________________ CAROLYN LANGLEY, CLERK


BY-LAW NO. 2017-110

BEING A BY-LAW TO AMEND BY-LAW 97-2030, AS AMENDED, WHICH DESIGNATES PRIVATE ROADWAYS AS FIRE ROUTES ALONG WHICH NO PARKING OF VEHICLES SHALL BE PERMITTED

WHEREAS the Council of the Corporation of the Township of West Lincoln enacted By-law 97-2030 to designate private roadways as fire routes along which no parking of vehicles shall be permitted and provide for the removal and impounding of any vehicle or vehicles parked or left along any fire route so designated at the expense of the owner thereof; AND WHEREAS the Council of the Corporation of the Township of West Lincoln now deems it expedient that By-law 97-2030, as amended by By-law 2017-20, be further amended by adding the Multi-Use Recreation Site (MURS) to Schedule A and inserting Schedule B - Drawing 25 and the Wellandport Library to Schedule A and inserting Schedule B – Drawing 26. NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That, By-law 97-2030, as amended by By-law 2017-20, be further amended by

adding Multi-Use Recreation Site (MURS) to Schedule A and inserting Schedule B - Drawing 25; and,

2. That, By-law 97-2030, as amended by by-law 2017-20, be further amended by

adding the Wellandport Library to Schedule A and inserting Schedule B – Drawing 26; and,

3. That, this By-law shall come into force and be effective when the necessary signs

have been erected in accordance with the regulations under the Highway Traffic Act.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF OCTOBER, 2017.

__________________________________ MAYOR DOUGLAS JOYNER

_____________________________ CAROLYN LANGLEY, CLERK

SCHEDULE "A" FIRE ROUTE BY-LAW NO. 97-2030 (as amended by By-law 2017-110)

Township of West Lincoln 177 West Street (RR 20) Schedule B – Drawing 1 By-law 2015-109 Arena & Hall Village Square Shopping 239 St. Catharine St. (RR 20) Schedule B - Drawing 2 By-law 2015-109 Centre & By-law 2017- Centre Town Estates 149 St. Catharine St. (RR 20) Schedule B - Drawing 3 By-law 2015-109 Leisureplex 2543 South Grimsby Road 6 Schedule B - Drawing 4 By-law 2015-109 Township of West Lincoln 318 Canborough St. (RR 14) Schedule B - Drawing 5 By-law 2015-109 Old Fire Hall Zion Free Reformed 1075 Boyle Road Schedule B - Drawing 6 By-law 2015-109 Church Copper Cliff Metals & 2906 South Grimsby Road 8 Schedule B - Drawing 7 By-law 2015-109 Wrecking Corporation G. McFeeter Holdings 2815 South Grimsby Road 21 Schedule B - Drawing 8 By-law 2015-109 Inc. Sicard Holiday Trailers 7526 Highway 20 (RR 20) Schedule B - Drawing 9 By-law 2015-109 College Street Condos 124 College Street Schedule B – Drawing 10 By-law 2015-109 Wes-Li Gardens Condos Garden Drive & Village Drive Schedule B – Drawing 11 By-law 2015-109 DiCarlo Condos North side Highway 20 (RR 20) Schedule B – Drawing 12 By-law 2015-109 Brookside Condos Forestview Court Schedule B – Drawing 13 By-law 2015-109 Dove Co-Operative 115 Smits Cove Schedule B – Drawing 14 By-law 2015-109 Homes Ltd. Branch 393 Royal 161 & 171 Mill Street Schedule B – Drawing 15 By-law 2015-109 Canadian Legion Villa Wes-Li Gardens Condos Jenny Cres., Riverside Cr. Schedule B – Drawing 16 By-law 2015-109 Extension & Heights Sunnydale Court Foodland 239 St. Catharines St. Schedule B – Drawing 17 By-law 2015-109 LCBO 249 St. Catharines St. Schedule B – Drawing 18 By-law 2016-66 New St. Martin School Regional Road 20 Schedule B – Drawing 19 By-law 2015-109 Crossings on the Twenty South Side-Townline Rd. Schedule B – Drawing 20 By-law 2015-109 Griffin Place South of Townline Rd./West Of Shurie Road Schedule B – Drawing 21 By-law 2017-18 AT Realty Inc. 2887 South Grimsby Rd. 13 Schedule B – Drawing 22 By-law 2017-45 (Premier Equipment Ltd.) Stepping Stones Condo Southeast corner of Regional Schedule B – Drawing 23 By-law 2017-52 Road 20 & Streamside Drive West Niagara Agricultural 7402 Mud Street Schedule B – Drawing 24 By-law 2017-90 Society

Multi-Use Recreation Site 177 West Street Schedule B – Drawing 25 By-law 2017-110 (MURS) Wellandport Library 5402 Canborough Road Schedule B – Drawing 26 By-law 2017-110

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BY-LAW NO. 2017-111

A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN AND GREEN SUMS LIMITED FOR USE OF A PORTION OF THE UNDEVELOPED LEISUREPLEX LANDS

WHEREAS the Corporation of the Township of West Lincoln deems it expedient to enter into an agreement with Green Sums Limited for use of a portion of the undeveloped Leisureplex lands; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That the Council of the Corporation of the Township of West Lincoln enter into an

agreement with Green Sums Limited for use of a portion of the undeveloped Leisureplex lands; and,

2. That, the Mayor and Clerk be authorized to sign the above mentioned agreement

and to affix the Corporate Seal thereto. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF OCTOBER, 2017.

____________________________ MAYOR DOUGLAS JOYNER

_____________________________ CAROLYN LANGLEY, CLERK

THE CORPORATION 0F THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2017-112

BEING A BY-LAW TO AMEND BY-LAW 2010-20 WHICH REGULATES AND LICENSES REFRESHMENT VEHICLES, REFRESHMENT CYCLES AND REFRESHMENT CARTS IN THE TOWNSHIP OF WEST LINCOLN.

WHEREAS the Council enacted By-law 2010-20 which regulates and licenses refreshment vehicles, refreshment cycles and refreshment carts in the Township of West Lincoln; AND WHEREAS the Council deems it expedient to amend By-law 2010-20 which regulates and licenses refreshment vehicles, refreshment cycles and refreshment carts in the Township of West Lincoln, to delegate authority to the Clerk to approve daily refreshment cart licenses; NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That, By-law 2010-20 be amended by:

(a) Deleting Section 2(d) 5. and replacing it with the following new Section 2(d) 5.:

5. every application for an annual license for a refreshment vehicle, refreshment cart or refreshment cycle shall be approved by Council. The authority to approve a daily license for a refreshment vehicle, refreshment cart or refreshment cycle shall hereby be delegated to the Clerk and/or designate

(b) Amending Section (3)(a) by adding the word “annually” after licensed:

(a) At the pleasure of Council, operators may be licensed annually to operate a

refreshment vehicle on any commercially zoned property in the Township of West Lincoln where permitted in accordance with Zoning By-Law 79-14, save and except vacant properties, subject to the following:

(c) Deleting Section (3)(b) and replacing it with the following new Section (3)(b):

(b) The authority to approve an operator’s license to operate a refreshment

vehicle, refreshment cart or refreshment cycle on a temporary basis at a particular location(s) and time(s) shall hereby be delegated to the Clerk and/or designate.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF OCTOBER, 2017. _____________________________________ MAYOR DOUGLAS JOYNER _____________________________________ CAROLYN LANGLEY, CLERK


BY-LAW NO. 2017-113

A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN, THE CORPORATION OF THE TOWN OF GRIMSBY, THE CORPORATION OF THE TOWN OF LINCOLN, THE CORPORATION OF THE TOWN OF NIAGARA ON-THE-LAKE, THE CORPORATION OF THE TOWN OF PELHAM AND THE CORPORATION OF THE CITY OF THOROLD AND THE HERRINGTON GROUP LTD. FOR A TWO YEAR PERIOD FROM FEBRUARY 1, 2018 TO JANUARY 31, 2020 FOR THE PROVISION OF CONSULTING SERVICES RELATING TO THE ADMINISTRATION OF THE JOINT ACCESSIBLITY ADVISORY COMMITTEE.

WHEREAS the Council of the Corporation of the Township of West Lincoln deems it expedient to authorize an agreement between the Corporation of the Township of West Lincoln, the Corporation of the Town of Grimsby, the Corporation of the Town of Lincoln, the Corporation of the Town of Niagara-on-the-Lake, the Corporation of the Town of Pelham and the Corporation of the City of Thorold and The Herrington Group Ltd. for a two year period from February 1, 2018 to January 31, 2020 for the provision of consulting services relating to the administration of the Joint Accessibility Advisory Committee. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That, the Council of the Corporation of the Township of West Lincoln hereby

authorizes entering into an Agreement between the Corporation of the Township of West Lincoln, the Corporation of the Town of Grimsby, the Corporation of the Town of Lincoln, the Corporation of the Town of Niagara-on-the-Lake, the Corporation of the Town of Pelham and the Corporation of the City of Thorold and The Herrington Group Ltd. for a two year period from February 1, 2018 to January 31, 2020 for the provision of consulting services relating to the administration of the Joint Accessibility Advisory Committee; and,

2. That, the Mayor and Clerk be and are hereby authorized to sign the above

mentioned Agreement and to affix the Corporate Seal thereto. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF OCTOBER, 2017. ____________________________ MAYOR DOUGLAS JOYNER _____________________________ CAROLYN LANGLEY, CLERK


BY-LAW NO. 2017-114

A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN AND NORJOHN CONTRACTING AND PAVING LIMITED FOR ROAD AND BRIDGE RESTORATION WORKS.

WHEREAS the Council of the Corporation of the Township of West Lincoln deems it expedient to enter into an agreement with Norjohn Contracting and Paving Limited for road and bridge restoration works; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That, Corporation of the Township of West Lincoln enter into an

agreement with Norjohn Contracting and Paving Limited for road and bridge restoration works; and,


mentioned agreement, and any other related documents, and to affix the Corporate Seal thereto.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF OCTOBER, 2017. ____________________________ MAYOR DOUGLAS JOYNER ____________________________ CAROLYN LANGLEY, CLERK


BY-LAW NO. 2017-115

A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN AND PIPEFLO CONTRACTING CORP. FOR WADE ROAD, COLVER STREET AND STATION STREET SANITARY SEWER REHABILITATION.

WHEREAS the Council of the Corporation of the Township of West Lincoln deems it expedient to enter into an agreement with PipeFlo Contracting Corp. for Wade Road, Colver Street and Station Street sanitary sewer rehabilitation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That, Corporation of the Township of West Lincoln enter into an

agreement with PipeFlo Contracting Corp. for Wade Road, Colver Street and Station Street sanitary sewer rehabilitation; and,





BY-LAW NO. 2017-116

A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN AND GEDCO EXCAVATING LTD. FOR THOMPSON ROAD SANITARY SEWER UPGRADE.

WHEREAS the Council of the Corporation of the Township of West Lincoln deems it expedient to enter into an agreement with Gedco Excavating Ltd. for Thompson Road sanitary sewer upgrade; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That, Corporation of the Township of West Lincoln enter into an

agreement with Gedco Excavating Ltd. Thompson Road sanitary sewer upgrade; and,




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