01-26-15 Council Agenda

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN COUNCIL AGENDA MEETING NO. THREE HELD : Monday, January 26, 2015 – Township Administration Building, 318 Canborough Street, Smithville, Ontario, Ontario - 7:00 p.m. 1. SINGING OF “O CANADA”: 2. INVOCATION : Councillor Dave Bylsma 3. CHANGE IN ORDER OF ITEMS ON AGENDA: 4. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST: NOTE: Items for which conflicts were recently declared at Committee Meeting(s): (a) Councillor Mike Rehner - (1) Item P02-15 – MHBC Recommendation Report – Zoning By-law Amendment – 811 Caistor Centre Road (Eric Leith) (File No. 1601-005-14) AND (2) Public Meeting #2 - Zoning By-law Amendment – 811 Caistor Centre Road (Eric Leith) - held the mortgage for the lands (b) Mayor Douglas Joyner - Confidential Item P13-15 - Legal Matter – Quarterly By- law Enforcement Update Report 5. APPOINTMENTS/PRESENTATIONS : (a) Mayor Douglas Joyner Re: Presentation to Inaugural Ceremony Participants 1) Victoria McRae, Piper 2) Jim Green, Town Crier, 3) His Worship Justice Bruce Phillips (b) Sharon Beaty Re: Eric Leith Rezoning Application 6. CONFIRMATION OF MINUTES : (a) Council Minutes – Regular Re: December 15, 2014 CONFIDENTIAL MINUTES UNDER SEPARATE COVER Resolution Councillor Terry Bell (b) Special Council Minutes – Training - Budget Workshop Re: January 20, 2015 Resolution Councillor Jason Trombetta 318 Canborough St. P.O. Box 400 Smithville, ON L0R 2A0 T: 905-957-3346 F: 905-957-3219 www.westlincoln.ca Page 1 Page 2-18 Page 19-20

Transcript of 01-26-15 Council Agenda

THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

COUNCIL AGENDA

MEETING NO. THREE HELD: Monday, January 26, 2015 – Township Administration Building, 318 Canborough Street, Smithville, Ontario, Ontario - 7:00 p.m.

1. SINGING OF “O CANADA”:

2. INVOCATION: Councillor Dave Bylsma

3. CHANGE IN ORDER OF ITEMS ON AGENDA:

4. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST:NOTE: Items for which conflicts were recently declared at Committee Meeting(s):

(a) Councillor Mike Rehner - (1) Item P02-15 – MHBC Recommendation Report – Zoning By-law Amendment – 811 Caistor Centre Road (Eric Leith) (File No. 1601-005-14) AND (2) Public Meeting #2 - Zoning By-law Amendment – 811 Caistor Centre Road (Eric Leith) - held the mortgage for the lands

(b) Mayor Douglas Joyner - Confidential Item P13-15 - Legal Matter – Quarterly By-law Enforcement Update Report

5. APPOINTMENTS/PRESENTATIONS:

(a) Mayor Douglas Joyner Re: Presentation to Inaugural Ceremony Participants 1) Victoria McRae, Piper 2) Jim Green, Town Crier, 3) His Worship JusticeBruce Phillips

(b) Sharon Beaty Re: Eric Leith Rezoning Application

6. CONFIRMATION OF MINUTES:

(a) Council Minutes – Regular Re: December 15, 2014 CONFIDENTIAL MINUTES UNDER SEPARATE COVER Resolution Councillor Terry Bell

(b) Special Council Minutes – Training - Budget Workshop Re: January 20, 2015 Resolution Councillor Jason Trombetta

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 January 26, 2015 Page 2

(c) Public Meeting under the Planning Act Re: Jan. 12, 2015 Minutes – Set 1 – Dobrucki Rezoning Resolution Councillor Mike Rehner

(d) Public Meeting under the Planning Act Re: Jan. 12, 2015 Minutes–Set 2–Leith Rezoning (Councillor Rehner Conflict) Resolution Councillor Terry Bell

7. COMMUNICATIONS:

8. MAYOR’S REMARKS:

9. REPORT OF COMMITTEE:

(a) Planning/Building/Environmental Committee Re: January 12, 2015 Minutes CONFIDENTIAL MINUTES – 2 SETS - UNDER SEPARATE COVER Resolution (Open Session and Set 1) Councillor Alex Micallef Resolution (Set 2 – Mayor Conflict) Councillor Joann Chechalk

(b) Administration/Finance/Fire Committee Re: January 19, 2015 Minutes CONFIDENTIAL MINUTES UNDER SEPARATE COVER Resolution Councillor Mike Rehner

(c) Public Works/Recreation/Arena Committee Re: January 19, 2015 Minutes Resolution Councillor Dave Bylsma

10. 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.

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

12. OTHER BUSINESS:

(a) Treasurer Re: Memo – Interim Tax Rate By-law FOR INFORMATION

(b) Members of Council Re: Council Remarks

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13. 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.

14. BY-LAWS:

(a) By-law 2015-01 To confirm proceedings of December 15, 2014 regular Council meeting and January 20, 2015 Special Council meeting (Training/Budget Workshop)

(b) By-law 2015-02 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 the provision of consulting services relating to the administration of the Joint Accessibility Advisory Committee

(c) By-law 2015-03 To amend By-law 2013-58 which adopted rules for procedures of Council and Committees thereof (revise Section 6.7–Public Comment at Council)

(d) By-law 2015-04 To establish a Municipal Health and Safety Policy Statement for the Corporation of the Township of West Lincoln and to repeal By-Law 2014-05

(e) By-law 2015-05 To provide for an interim tax levy and to provide for the payment of taxes and to provide for penalty and interest of fifteen percent

(f) By-law 2015-06 Zoning By-law Amendment – Eric Leith

(g) By-law 2015-07 Zoning By-law Amendment – Eric Leith (Temporary Use)

(h) By-law 2015-08 Zoning By-law Amendment – Richard Dobrucki

(i) By-law 2015-09 To authorize an agreement between the Corporation of the Township of West Lincoln and the Welland & District Humane Society for the provision of canine control, humane and poundkeeping services in the Township of West Lincoln

(j) By-law 2015-10 To amend By-law 2010-60 which adopted a Code of Conduct for Members of the Council of the Municipality of the Township of West Lincoln and of local boards (and advisory committees) of the Municipality of the Township of West Lincoln (amend requirement relating to annual reporting by the Clerk)

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(k) By-law 2015-11 To authorize an agreement with D.F. Brown Roofing for Roof Repairs (Caistor Fire Hall and Smithville Public Works Buildings)

(l) By-law 2015-12 To amend by-law 2014-117 which confirmed various appointments and/or recommendations for appointments to Boards, Committees and Municipal positions (provide for an appointment to the AD Hoc Facility Committee of the West Lincoln Public Library Board - Councillor Dave Bylsma)

(m) By-law 2015-13 To adopt a Dress Code Policy for the Corporation for he Township of West Lincoln

(n) By-law 2015-14 To amend Township Consolidated Traffic By-Law 89-2000 by deleting Schedule “A”, and inserting the attached new Schedule “A” (Stopping Prohibitions), in lieu thereof; and deleting Schedule “C”, and inserting the attached new Schedule “C”, (Parking Restrictions), in lieu thereof (change restrictions on Industrial Park Road) SCHEDULES TO BE PROVIDED AT THE MEETING

Resolution (all by-laws except 2015-06 & 07) Councillor Joann Chechalk Resolution Councillor Alex Micallef

15. CONFIDENTIAL MATTERS:CLOSED SESSION EXEMPTIONS:NOTE: Closed session item(s) relate to the following allowable exception:

- advice that is subject to solicitor-client privilege, including communications necessary for that purpose

Resolution (into closed session) Councillor Jason Trombetta Resolution (out of closed session) Councillor Dave Bylsma

(a) CAO (Chris Carter) Re: Legal Matter – Financial Issue VERBAL UPDATE

16. ADJOURNMENT:

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

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From: Sent: Friday, January 16, 2015 10:43 AM To: Joanne Scime Subject: Jan. 26, 2015 Council Meeting I would like to make an appointment to address Council at the Jan. 25, 2015 meeting, re. the Leith Zoning Amendment. Sharon Beaty

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

COUNCIL MINUTES MEETING NO. SIXTEEN HELD: Monday, December 15, 2014 – Township Administration Building, 318 Canborough Street, Smithville, Ontario, Ontario - 7:00 p.m. PRESENT Council: Mayor Douglas Joyner Councillor Terry Bell Councillor Dave Bylsma

Councillor Joann Chechalk * (refer to page 8) Councillor Alexander Micallef * (refer to page 5)

Councillor Mike Rehner * (refer to page 9) Councillor Jason Trombetta

Staff: Chris Carter, CAO Carolyn Langley, Clerk Dennis Fisher, Fire Chief * Donna DeFilippis, Treasurer/Director of Finance * Brian Treble, Director of Planning & Building * Brent Julian, Director of Public Works & Engineering * * IN ATTENDANCE PART TIME 1. SINGING OF “O CANADA”: 2. INVOCATION: Councillor Terry Bell 3. CHANGE IN ORDER OF ITEMS ON AGENDA: There were no changes 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 or conflicts of interest declared by any Member of Council.

5. REQUEST TO ADDRESS ITEMS ON THE AGENDA:

There were no members of the public present who wished to address any items on the agenda.

6. APPOINTMENTS/PRESENTATIONS: There were no appointments or presentations.

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 December 15, 2014 Page 2 7. CONFIRMATION OF MINUTES:

(a) Council Minutes – Regular Re: November 10, 2014

Moved by Councillor Dave Bylsma and seconded by Councillor Alex Micallef: That, the minutes of the November 10, 2014 regular Council meeting be accepted. - Carried

(b) Council Minutes - Inaugural Re: December 1, 2014

Moved by Councillor Joann Chechalk and seconded by Councillor Terry Bell: That the minutes of the December 1, 2014 Inaugural Meeting of Council be accepted. - Carried

(c) Council Minutes - Orientation Re: December 9, 2014

Moved by Councillor Alex Micallef and seconded by Councillor Joann Chechalk: That the minutes of the December 9, 2014 Orientation Meeting of Council be accepted. - Carried

8. COMMUNICATIONS: (a) Mr. Brian Walker, Peninsula West Power Inc. Re: Request for Nominations to Boards of:

1. Niagara Peninsula Energy Inc. (3 year term – Jan 1/15 to Dec 31/17) 2. Peninsula West Power Inc. (2 year term – Jan 1/15 to Dec 31/16)

Moved by Councillor Jason Trombetta and seconded by Councillor Terry Bell:

That, the Township of West Lincoln Council hereby nominates Councillor Joann Chechalk for appointment to the Board of Niagara Peninsula Energy Inc. for a three year term from January 1, 2015 to December 31, 2017. - Carried

Moved by Councillor Jason Trombetta and seconded by Councillor Terry Bell:

That, the Township of West Lincoln Council hereby nominates Councillor Mike Rehner for appointment to the Board of Peninsula West Power Inc. for a two year term from January 1, 2015 to December 31, 2016.

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That, the Township of West Lincoln Council hereby nominates Mayor Douglas Joyner for appointment to the Board of Peninsula West Power Inc. for a four year term to November 30, 2018. - Carried

(b) OGRA

Re: Nomination to 2015/16 Board of Directors of the Ontario Good Roads Association (OGRA) - Deadline Friday, December 19, 2014

Moved by Councillor Mike Rehner and seconded by Councillor Terry Bell:

That, the correspondence received from the Ontario Good Roads Association (OGRA) regarding nominations to the OGRA Board of Directors, be received; and, - Carried AS AMENDED (see below)

Moved by Councillor Alex Micallef and seconded by Councillor Dave Bylsma:

That, the motion relating to nominations to the OGRA Board of Directors be amended by adding the following second paragraph:

That, Mayor Douglas Joyner’s name be submitted and endorsed by the Township of West Lincoln as a candidate for the OGRA Board of Directors.

- Carried

(c) ROMA Re: Nomination for Zone Representatives to the 2015-2019 ROMA Board – Deadline Monday, January 26, 2015 Moved by Councillor Terry Bell and seconded by Councillor Jason Trombetta:

That, the correspondence received from the Rural Ontario Municipal Association (ROMA) regarding nominations to the ROMA Board of Directors, be received. - Carried

(d) West Lincoln Community Care Re: Council Representative Received for Information (e) Town of Pelham

Re: Notice to Wainfleet and West Lincoln of intention to opt out of Joint Services Agreement for Drainage Superintendent Services The CAO noted that he would be discussing this item with the CAO of Wainfleet and would report back at budget time.

Moved by Councillor Dave Bylsma and seconded by Councillor Alex Micallef:

That, the correspondence received from the Town of Pelham regarding notice of their intention to opt out of the 2013 agreement for Drainage Superintendent services be referred to the CAO for report during Budget deliberations. - Carried

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Council December 15, 2014 Page 4 9. MAYOR’S REMARKS:

Mayor Joyner stated that this year’s Christmas parade was beautiful and he thanked all the participants and noted that the Township had won an award for their float.

10. REPORT OF COMMITTEE:

There were no reports of committee.

11. RECONSIDERATION: There were no items for reconsideration.

12. NOTICE OF MOTION TO RESCIND: There were no notices of motion to rescind any items.

13. OTHER BUSINESS:

SECTION A – Planning/Building/Environmental Items:

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

Re: Verbal Update on SWAP Exchange Appeal Update

The Director of Planning & Building provided an update on the SWAP/Land Exchange for the newly elected Members of Council, including the status of the OMB Appeal and then responded to questions from Members of Council in that regard.

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

Re: Memo – Removal of Holding By-law – Sicard Holiday Campers Limited

The Director of Planning & Building provided a brief explanation of the need for a By-law to remove the Holding Symbol on the Sicard Holiday Camper property.

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

Re: Memo - By-law to Appoint Secretary-Treasurer and Assistant Secretary Treasurer – Committee of Adjustment

The Director of Planning & Building provided a brief explanation of the need for appointments of a Secretary-Treasurer and Assistant Secretary Treasurer for the Committee of Adjustment.

SECTION B – Administration/Finance/Fire Items: (d) Fire Chief (Dennis Fisher)

Re: Fire Department Monthly Update – November, 2014

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The Fire Chief reviewed his monthly update for November which was contained in the agenda package and responded to questions from Members of Council in that regard.

(e) Treasurer/Director of Finance (Donna DeFilippis)

Re: Report RFD-T-24-14 – Appointment of External Auditors

Moved by Councillor Joann Chechalk and seconded by Councillor Terry Bell: 1. That, Report RFD-T-24-14, regarding the “Appointment of External Auditors”

be received; and,

2. That Grant Thornton LLP be appointed as the municipal auditor for a four year term, commencing with the audit of the year ending December 31, 2014, and

3. That a by-law be presented to Council to appoint Grant Thornton, LLP as municipal auditor for a four year term, commencing with the audit of the year ending December 31, 2014.

- Carried

(f) Treasurer/Director of Finance (Donna DeFilippis) Re: Report RFD-T-25-14 – Ontario Community Infrastructure Fund – Formula-based Funding Contribution Agreement

Moved by Councillor Alex Micallef and seconded by Councillor Joann Chechalk: 1. That, Report RFD-T-25-14, regarding the “Ontario Community Infrastructure

Fund – Formula-based Funding Contribution Agreement” be received; and,

2. That, a by-law be presented to Council to authorize the Mayor and the Clerk to sign and execute the Ontario Community Infrastructure Fund–Formula–based Component (OCIF-Formula) Contribution Agreement (CA).

- Carried

(g) Treasurer/Director of Finance (Donna DeFilippis) Re: Report RFI-26-14 – November 30, 2014 Budget Status Report Councillor Micallef left the meeting briefly at approximately 8:05 p.m. and returned during discussions of Item 13(h).

Moved by Councillor Mike Rehner and seconded by Councillor Joann Chechalk: That, Report RFI-T-26-14, regarding the “November 30, 2014 Budget Status Report”, be received for information.

- Carried (h) Treasurer/Director of Finance (Donna DeFilippis)

Re: Report RFD-T-27-14 – 2015 Budget Process and Schedule

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Moved by Councillor Jason Trombetta and seconded by Councillor Mike Rehner: 1. That, report RFD-T-27-14, regarding “2015 Budget Process and Schedule”,

dated December 15, 2014 be received; and,

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

3. That, Budget Training Workshops with Council be set for Tuesday, January 20th, 2015 and Monday, January 26, 2015; and,

4. That, the Administration Committee meeting to review the draft 2015 Operating and Capital Budgets, be set for Monday, March 16, 2015 at 6:30pm with an additional date set for further deliberation, if required, for Tuesday, March 17, 2015; and,

5. That the Public Works Meeting regularly scheduled for Monday, March 16th, be cancelled and that any pertinent Public Works items be presented at the Council meeting on March 23rd, 2015.

- Carried (i) Clerk (Carolyn Langley)

Re: Report RFD-C-12-14- Approval of 2014 Annual Progress Report for the 2013-2017 Multi-Year Accessibility Plan

Moved by Councillor Terry Bell and seconded by Councillor Jason Trombetta:

1. That, Report RFD-C-12-14, dated December 15, 2014, regarding “Approval of the 2014 Annual Progress Report of the 2013-2017 Multi-Year Accessibility Plan, be received; and,

2. That the 2014 Annual Progress Report of the 2013-2017 Multi-Year Accessibility Plan, attached as Schedule A hereto, be approved and posted on the Township’s website.

- Carried

(j) Clerk (Carolyn Langley) Re: Report RFI-C-13-14 - Measures taken to provide an Accessible Election

Moved by Councillor Dave Bylsma and seconded by Councillor Alex Micallef:

That, Report RFI-C-13-2014, dated December 15, 2014, regarding “Measures taken to Provide an Accessible Election”, be received for information. - Carried

(j) Clerk (Carolyn Langley)

Re: Report RFD-C-14-14 – Renewal of Consultant Agreement with “The Herrington Group Ltd.” and Continued Participation in the Joint Accessibility Advisory Committee

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Council December 15, 2014 Page 7 Moved by Councillor Joann Chechalk and seconded by Councillor Mike Rehner:

1. That, Report RFD-C-14-14, dated December 15, 2014, regarding “Renewal of

Consultant Agreement with The Herrington Group Ltd., and continued participation in the Joint Accessibility Advisory Committee”, be received; and,

2. That, the proposal submitted by The Herrington Group Ltd. to provide Consulting Services 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 one year period from February 1, 2015 to January 31, 2016, along with the other six participating municipalities; and,

4. That, the Township of West Lincoln continue to participate as a member of the

Joint Accessibility Advisory Committee for 2015, at a 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.

- Carried

SECTION C – Public Works/Recreation/Arena Items:

(l) *AMENDMENT TO BUDGET* Director of Public Works & Engineering (Brent Julian)

Re: Report RFD-PW-31-2014 - AMENDMENT TO BUDGET – Repairs to Grader RD 30013

There was general discussion regarding number of hours on the engine, leasing

and warranties.

Moved by Councillor Alex Micallef and seconded by Councillor Joann Chechalk:

1. THAT Report RFD-PW-31-2014, re: ‘AMENDMENT TO BUDGET - Repairs to Grader RD 30013’ be received; and,

2. That Council approve an Amendment to Budget in order to finance the repairs

to Grader RD 30013, to be funded by a transfer of $25,426 from the Equipment Reserve.

- Carried (m) *AMENDMENT TO BUDGET*

Director of Public Works & Engineering (Brent Julian) Re: Report No. RFD-PW-32-2014 – AMENDMENT TO BUDGET - Building

Demolition Tender Authorizations

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There was general discussion regarding the condition of the building, potential sale and/or future use of the property.

Moved by Councillor Mike Rehner and seconded by Councillor Joann Chechalk:

1. That, report RFD PW-32-201, re: “AMENDMENT TO BUDGET” Building

Demolition Tender Authorizations, dated December 15, 2014 be received; and,

2. That, Council accept the proposal submission by Salandria Ltd. for the demolition of 36 Westlea in the amount of $36,087.45 (excluding HST); and,

3. That, Council accept the proposal submission by Salandria Ltd. for the

demolition of 5490 Vaughn in the amount of $43,231.65 (excluding HST); and,

4. That, a by-law be passed to authorize the Mayor and Clerk to enter into an agreement with Salandria Ltd. For the demolition of 36 Westlea; and,

5. That, a by-law be passed to authorize the Mayor and Clerk to enter into an

agreement with Salandria Ltd. For the demolition of 5490 Vaughn Rd.

6. That, Council authorizes an amendment to budget of $35,818.81 (plus HST), to be funded through the Contingency Reserve.

- Carried (n) Director of Public Works & Engineering (Brent Julian) Re: Public Works Department – Verbal Update The Director of Public Works & Engineering read from a prepared statement which

is attached as Schedule A to these minutes and responded to questions from Members of Council regarding various construction projects.

(o) West Lincoln Public Library Board

Re: October 21, 2014 Minutes

Councillor Chechalk left the meeting briefly at approximately 8:50 p.m. and returned during discussions of Item 13(p).

Moved by Councillor Jason Trombetta and seconded by Councillor Mike Rehner:

That, the minutes of the October 21, 2014 West Lincoln Library Board Meeting be received. - Carried

(p) Councillor Alex Micallef Re: Parking Restrictions on Industrial Park Road Moved by Councillor Alex Micallef and seconded by Councillor Dave Bylsma:

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That the Traffic and Parking by-law be amended to provide for “No Stopping” on the westerly side of Industrial Park Road from the railway tracks southerly to Regional Road 20. - REFERRED (see below) Moved by Councillor Joann Chechalk and seconded by Councillor Terry Bell: That, the issue of “No Stopping” prohibitions on the westerly side of Industrial Park Road, be referred to staff for review and report. - Carried

SECTION D – Miscellaneous Items:

(q) Mayor Douglas Joyner

Re: Request to Change February Council Meeting to Tuesday, February 17, 2014 (and include Admin/Public Works Items on Agenda) due to ROMA/OGRA Conference in Toronto & Suspend Procedural By-law rules to allow for public comment on items on the agenda

Moved by Councillor Dave Bylsma and seconded by Councillor Alex Micallef:

That the regularly scheduled February 23rd, 2015 Council meeting be rescheduled

to Tuesday, February 17th, 2015 and that all Administration/Finance/fire AND Public Works/Recreation/Arena Committee related items be included on the Council agenda. - Carried

Councillor Rehner left the meeting briefly at approximately 9:15 p.m. and returned during discussions of the second motion under Section Item 13(q).

Permanent amendment to procedural By-law to allow for public comment at

Council under specific sections of the Agenda The Clerk suggested that a permanent amendment to the Procedural By-law would

be appropriate in order to provide the opportunity for public comments on items that are dealt with directly at Council.

Moved by Councillor Dave Bylsma and seconded by Councillor Alex Micallef:

That, Procedural By-law # 2013-58 be amended at the January 26th, 2015 Council

meeting, by deleting Section 6.7 (Public Comment at Council) and replacing it with the following new/revised Section 6.7:

NEW/REVISED SECTION 6.7:

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,

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(b) an item is included under the “Other Business” or “Communications” section of the agenda and relates to a matter which would normally be dealt with at Committee.

- Carried (r) CAO (Chris Carter)

Re: Employee Professional Accomplishments – Donna DeFilippis - Completed the NextGen Leadership Certificate Program at the Goodman School of Business/Brock University The CAO congratulated Ms. Donna DeFilippis for completing the NextGen Leadership Certificate Program at the Goodman School of Business/Brock University.

(s) Appointments to various Boards & Committees by Resolution:

1. West Lincoln Heritage Committee

Moved by Councillor Terry Bell and seconded by Councillor Alex Micallef:

That, the following persons be and are hereby appointed members of the West Lincoln Heritage Committee for the term concurrent with Council, being December 1, 2014 to November 30, 2018: 1. Clifford Travis

2. Dick Van Dyke 3. Kathy Wetselaar 4. Kim Willis 5. Councillor Dave Bylsma

6. Planner (non-voting member-secretary) - Carried

2. JAAC Committee – Citizen and Council Appointment –West Lincoln Representative

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

That, Karen Lemieux and Brenda Mitchell be and are hereby appointed as the Township of West Lincoln’s citizen representative on the Joint Accessibility Advisory Committee (JAAC) and that a by-law be presented confirming appointments to the JAAC once all participating municipalities and selected their representatives. - Carried

(t) Appointments to various Boards & Committees by By-law:

1. Weed Inspector (Kaveh Etezadi, Mgr. Roads Operations/Water Wastewater) 2. West Lincoln Public Library Board 3. Court of Revision 4. Committee of Adjustment 5. Fenceviewers

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6. Stockvaluers 7. Welland & District Humane Society (Liaison) 8. West Lincoln Memorial Hospital (WLMH) Community Advisory Committee 9. West Lincoln Chamber of Commerce (Liaison)

10. Transportation Strategy Steering Committee (Regional Committee) 11. Culture Committee (Regional Committee) 12. Niagara Road 12 Landfill Site Citizen’s Liaison Committee (Regional

Committee) 13. Niagara Peninsula Conservation Authority

14. West Lincoln Christmas Parade Committee

Moved by Councillor Dave Bylsma and seconded by Councillor Alex Micallef:

That, the appropriate by-laws be adopted appointing members and/or liaisons to the following Boards, Committees or positions:

1. Weed Inspector Kaveh Etezadi

2. West Lincoln Public Library Board

1. Cheryl Ganann 2. Lynne Hatzlhoffer 3. Lisa Kaplaniak 4. Sue Langdon 5. Patricia Nelson 6. Joan Packham 7. Karen Parker 8. Jennifer Smith 9. Councillor Joann Chechalk

3. Court of Revision

1. Ken Durham 2. Maurice Lounsbury 3. Dave McKinnell

4. Committee of Adjustment

1. Robert M. Bertrand 2. Deborah Coon-Petersen 3. R. Paul McDougall 4. Dick VanDyke 5. Wendy Wilson

5. Fenceviewers

1. Shauna Boyle 2. Maurice Lounsbury 3. Ben Sisler

6. Stockvaluers 1. Ben Sisler 2. Clifford Travis

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7. Welland & District Humane Society (Liaison) Brent O’Connor 8. West Lincoln Memorial Hospital (WLMH) Community Advisory Committee Councillor Joann Chechalk 9. West Lincoln Chamber of Commerce (Liaison) Councillor Alex Micallef 10. Transportation Strategy Steering Committee (Recommended for appointment as representative) Councillor Jason Trombetta 11. Culture Committee (Recommended for appointment as representative: Mayor Douglas Joyner 12. Niagara Road 12 Landfill Site Citizen’s Liaison Committee (Recommended for appointment as representative: Councillor Terry Bell 14. Niagara Peninsula Conservation Authority (Recommended for appointment as representative): Mayor Douglas Joyner 15. West Lincoln Christmas Parade Committee

1. Dave Willis – Chair 2. Morna Ahlstedt - Secretary 3. Kim Fisher - Treasurer 4. Ray Attwood – Traffic Control 5. Janis Hunter - Fundraising 6. Tom Nicholls – Band Coordinator 7. Doug Dawson – Public Relations and Media 8. Wendy Joyner – Township Liaison

- Carried (u) Members of Council

Re: Council Remarks

Various Members of Council made brief remarks regarding the Inaugural celebration, the Christmas Parade, reading of all by-laws and the newly elected Council.

14. NEW ITEMS OF BUSINESS:

(a) Councillor Terry Bell

Re: Display of Parade Float Awards

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

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Council December 15, 2014 Page 13

That, leave be granted to introduce a new item of business, being display of parade/float award plaques. - Carried

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

That, the awards received by the Township for floats in the Christmas Parade, be displayed in the foyer of the Administration Building. - Carried

15. BY-LAWS: Moved by Councillor Mike Rehner and seconded by Councillor Jason Trombetta:

That, leave be granted to introduce the following by-laws and the same be now read a first time: (a) By-law 2014-105 To confirm proceedings of November 10, 2014 regular

Council meeting and December 1, 2014 Council (Inaugural) meeting and December 9, 2014 Orientation Meeting

(b) By-law 2014-106 Zoning By-law Amendment – Sicard’s Holiday Campers -

Removal of the Holding Symbol)

(c) By-law 2014-107 To appoint a Secretary-Treasurer and an Assistant Secretary-treasurer to the Committee of Adjustment (Lauren Vraets and Tara McLachlan)

(d) By-law 2014-108 To appoint Auditors for the Corporation of the Township of

West Lincoln (Grant Thornton, Chartered Accountants - to December 31, 2017)

(e) By-law 2014-109 To authorize a Contribution Agreement with Her Majesty

the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs for funding under the Ontario Community Infrastructure Fund – Formula-based Component

(f) By-law 2014-110 To authorize an agreement with Salandria Ltd. for demolition

and removal of the Lions Club Building located at 36 Westlea Drive

(g) By-law 2014-111 To authorize an agreement with Salandria Ltd. for demolition

and removal of the former Public Works Yard Building located at 5490 Vaughan Road .

- Carried Moved by Councillor Mike Rehner and seconded by Councillor Terry Bell:

That, By-laws 2014-105, 2014-106, 2014-107, 2014-108, 2014-109, 2014-110 and 2014-111 just read a first time be now read a second and third time and finally passed and that

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Council December 15, 2014 Page 14

the Mayor and Clerk do sign and seal the same, any rule of this Council to the contrary notwithstanding. - Carried

Moved by Councillor Dave Bylsma and seconded by Councillor Alex Micallef:

That, leave be granted to introduce the following by-laws and the same be now read a first time:

(h) By-law 2014-112 To appoint a Weed Inspector for the Township of West Lincoln

for the period from December 1, 2014 to November 30, 2018 (Kaveh Etezadi & Repeal By-law 2011-48)

(i) By-law 2014-113 To amend Schedule A of By-law 2008-79 which provides for

appointment to the Township of West Lincoln Public Library Board BY-LAW UNDER SEPARATE COVER

(j) By-law 2014-114 To establish a Court of Revision under the provisions of the Drainage Act, R.S.O. 1990 (from December 1, 2014 to November 30, 2018 & Repeal By-law 2010-114)

BY-LAW UNDER SEPARATE COVER

(k) By-law 2014-115 To amend By-law 2002-112 being a by-law to appoint a Committee of Adjustment, etc. (Replace Schedule A to Appoint new members & Repeals By-law 2010-115)

BY-LAW UNDER SEPARATE COVER

(l) By-law 2014-116 To appoint Fenceviewers and Stock Valuers in the Township of West Lincoln for the period December 1, 2014 to November 30, 2018. (and Repeals 2010-116)

BY-LAW UNDER SEPARATE COVER

(m) By-law 2014-117 To confirm various appointments and/or recommendations for appointments to Boards & Committees & Municipal Positions - Welland & District Humane Society (Liaison) - West Lincoln Memorial Hospital Board Community Advisory

Committee - West Lincoln Chamber of Commerce (Liaison) - Transportation Strategy Steering Committee - Culture Committee - Niagara Road 12 Landfill Site Citizen’s Liaison Committee - Niagara Peninsula Conservation Authority - West Lincoln Christmas Parade Committee (and Repeal By-law 2010-117)

- Carried Moved by Councillor Dave Bylsma and seconded by Councillor Alex Micallef:

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Council December 15, 2014 Page 15

That, By-laws 2014-112, 2014-113, 2014-114, 2014-115, 2014-116 and 2014-117 just read a first time be now read a second and third time and finally passed and that the Mayor and Clerk do sign and seal the same, any rule of this Council to the contrary notwithstanding.

- Carried 16. CONFIDENTIAL MATTERS:

Moved by Councillor Terry Bell and seconded by Councillor Joann Chechalk:

That, the next portion of this meeting be closed to the public to consider the following pursuant to Section 239(2) of the Municipal Act 2001: 1. labour relations or employee negotiations; - Carried (9:30 p.m.)

Mayor Joyner declared a brief 5 minute recess at approximately 9:30 p.m. and the meeting reconvened at approximately 9:35 p.m.

Moved by Councillor Alex Micallef and seconded by Councillor Joann Chechalk:

That, this Council meeting does now resume in open session at 9:37 p.m. - Carried

(a) CAO (Chris Carter)

Re: Union Contract Negotiations Council rose without reporting.

17. ADJOURNMENT: The Mayor declared the meeting adjourned at the hour of 9:38 p.m. ______________________________ _____________________________ CAROLYN LANGLEY, CLERK MAYOR DOUGLAS JOYNER

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Public Works Verbal Update – December 15th, 2014

Canborough Street Reconstruction:

• Bridge construction continues • Waterproofing of the east lane was completed this past

Saturday (Dec. 13/14) • The bridge is expected to get paved tomorrow, including the

south approach to the bridge. • The will clean up the gravel area at this location • Bridge opening will follow this Friday • Most curb complete • Expect temporary asphalt in place for missing sidewalks on

the east side approximately next Tuesday • West side concrete sidewalk work is set for Friday, Dec. 19th

and Monday, Dec. 22nd.

Northridge Drive Reconstruction:

• All driveways are reopened as of today • There is one remaining water service that needs

reconnecting – it is proving difficult to find, as it was improperly connected at the time the subdivision was built. This work will continue on Wednesday

• Most backfilling at the back of curbs is complete (just a few remaining)

• Additional stone and fine grading of road continued today. By day’s end there was just some minor spots remaining

• Base asphalt is scheduled for tomorrow!

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

SCHEDULE "A" TO DECEMBER 15, 2014 COUNCIL MINUTES

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• General clean-up of the roadway area and removal of pipe and materials on Wednesday

• Wednesday will also commence with some driveway preparation work. The goal is to restore asphalt driveways – possibly this week. Concrete driveways will be restored in the spring

• There is one hydrant that requires raising and backfilling. This should be complete by week’s end.

Niagara Regional Wind Corporation:

• As an advisement to Council, the Niagara Region Wind Corporation has requested forms for Road Occupancy Permits for geotechnical preparation works.

• The blank permits have been forwarded to the firm • The permit application has not been submitted, but the

request would suggest that this would be submitted in the near future.

• Staff wanted to keep Council apprise of the development

SCHEDULE "A" TO DECEMBER 15, 2014 COUNCIL MINUTES

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SPECIAL COUNCIL TRAINING – BUDGET WORKSHOP

MINUTES MEETING (#1) DATE: TUESDAY, January 20, 2015 - Township Administration Building, 318 Canborough Street, Smithville, Ontario. 6:30 p.m. PRESENT Council: Mayor Douglas Joyner Councillor Terry Bell

Councillor Dave Bylsma Councillor Joann Chechalk

Councillor Alexander Micallef Councillor Mike Rehner Councillor Jason Trombetta

Staff: Chris Carter, CAO Carolyn Langley, Clerk Donna DeFilippis, Treasurer/Director of Finance 1. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST: 2. CONFIDENTIAL MATTERS: Moved by Councillor Terry Bell and seconded by Councillor Dave Bylsma:

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: - for the purpose of educating or training the members where no member discusses or

otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.

- Carried (6:30 p.m.) 3. TRAINING ITEMS:

(a) CAO Re: Overview of Budget Training Session The CAO provided an overview of the budget process.

(b) Treasurer/Director of Finance Re: Budget Training Session The Treasurer/Director of Finance reviewed the following items with Members of Council and responded to questions in that regard:

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

Page 19

Training – Budget Workshop Page 2 Training Items: 1. Overview of Budget Process (PowerPoint - to be distributed at meeting) 2. Review of 2014 Estimated Results – attached as Appendix A 3. Review of 2014 Reserve Balances – attached as Appendix B 4. Review of 2015 Budget Forecast – Assumptions – attached as Appendix C 5. Review of Initial Forecast of 2015 Budget – attached as Appendix D 6. Review of 10 Year Capital Plan – Summary – attached as Appendix E 7. Review of 10 Year Capital Plan – Detail – attached as Appendix F

The Chair declared a brief five minute recess at approximately 7:45 p.m.

The CAO noted that he would circulate a copy of the report relating to the YMCA commitment to Members of Council.

Moved by Councillor Dave Bylsma and seconded by Councillor Alexander Micallef:

That, this Council meeting does now resume in open session at 9:20 p.m. - Carried

4. ADJOURNMENT: The Mayor declared the meeting adjourned at the hour of 9:20 p.m. ___________________________ ____________________________ CAROLYN LANGLEY, CLERK MAYOR DOUGLAS JOYNER

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TOWNSHIP OF WEST LINCOLN PUBLIC MEETING UNDER THE PLANNING ACT

MINUTES – SET #1

AMENDMENT TO TOWNSHIP OF WEST LINCOLN’S ZONING BY-LAW Zoning By-law Amendment – Richard Dobrucki (File No. 1601-016-14)

PUBLIC MEETING #1 HELD: Monday, January 12, 2015, Township Administration Building, 318 Canborough Street, Smithville – 6:34 p.m. PRESENT: Council: Councillor Alex Micallef – Chair Mayor Douglas Joyner Councillor Terry Bell Councillor Dave Bylsma Councillor Joann Chechalk

Councillor Mike Rehner Councillor Jason Trombetta

Staff: Chris Carter, CAO Brian Treble, Director of Planning & Building Joanne Scime, Deputy Clerk Others: Dan Currie, MHBC Planning John Ariens, IBI Group Sharon Beaty Arnold Beaty Brent Haranym Marlene Harris Jeff Harris Kim Leith Eric Leith John Leith Lise Leith Rob Cosby Ross Murray Ed Belliveau Richard Dobrucki * IN ATTENDANCE PART-TIME PURPOSE OF THIS PUBLIC MEETING BEING HELD THIS EVENING: The purpose of this public meeting is to consider a Zoning By-law Amendment application submitted by Mr. Richard Dobrucki (File No. 1601-016-14) under Section 34 of the Planning Act.

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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Public Meeting Under the Planning Act – Dobrucki - January 12, 2015 (Set #1) Page 2 (a) PROPOSED AMENDMENT TO THE TOWNSHIP OF WEST LINCOLN’S ZONING

BY-LAW – Zoning By-law Amendment – Richard Dobrucki (File No. 1601-016-14) The Chair advised that this was a public meeting to consider an amendment to the Township of West Lincoln’s Zoning By-law as submitted by Mr. Richard Dobrucki (File No. 1601-016-14) EXPLANATION OF THE PURPOSE AND EFFECT OF THE APPLICATION: A complete application for rezoning has been submitted for property legally described as Lot 11, Concession 1 in the former Township of Gainsborough, now in the Township of West Lincoln. The property is municipally known as 5612 Elcho Road.

The application for rezoning has been made to fulfill a condition of surplus farm severance application B9/2014WL which was approved by the Committee of Adjustment on October 22, 2014. This application is to rezone the retained agricultural lands to Agricultural Purposes Only (APO), and rezone the severed residential property to Rural Residential (RuR) with exceptions recognizing the deficient front yard setback and deficient setback as specified by the Minimum Distance Separation formulae. 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. The Chair noted that the purpose of this public meeting is to receive comments and answers 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 being considered this evening and that any comments received would 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 the public meeting was given by way of individual notice dated December 11th, 2014. The Chair requested the Director of Planning & Building, Mr. Brian Treble, to please explain the purpose and reason for the proposed Zoning By-law Amendment for the Township of West Lincoln for property municipally known as 5612 Elcho Road as owned by Mr. Richard Dobrucki. The Director of Planning & Building reviewed Recommendation Report No. PD-008-15 dated January 12, 2015.

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Public Meeting Under the Planning Act – Dobrucki - January 12, 2015 (Set #1) Page 3

The Chair asked if the applicant or his authorized agent was present and wished to speak to the proposed Zoning By-law Amendment application. Mr. Richard Dobrucki advised that he was the owner of the property; however, he noted that he had no comments at this time. 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, he 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 from any member of the public present regarding the proposed Zoning By-law Amendment. 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, he 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 issues and/or concerns were raised by Members of the Committee regarding the proposed Zoning By-law Amendment and responses were provided by the Director of Planning & Building: (a) If the surplus residential lot, being a 1.27 hectares (3.13 acre) parcel in size,

included all of the buildings that are shown on the attached survey drawing, including the single detached dwelling, the barn and detached garage.

(b) Allowing the barn on the surplus residential lot as there was potential for the barn to be used to house livestock.

(c) Allowing a larger size surplus residential lot and the reasons for allowing a larger size parcel as normally surplus residential lots are between approximately 1 to 1 ½ acres in size depending upon the physical boundary characteristics of the surplus residential lot (i.e. road allowances, watercourse, include existing accessory buildings, etc).

(d) Whether it is typical that the retained agricultural lands would merge on title with abutting lands if they are in the same ownership or if both parcels would be independent of one another even though the abutting lands are in the same ownership.

(e) The definition of “livestock” and what are the different Minimum Distance Separation (MDS) formulas for different types of livestock (i.e. the number of livestock = “a nutrient unit”) (5 nutrient units requires a nutrient management plan and would constitute a farm).

(f) Has a floodplain been identified and could the watercourse (creek traversing the property) be used as a possible way to sever the parcel in the future?

The Chair advised that if the Zoning By-law Amendment is approved by Council, a notice of its passing will be circulated with an appeal period. The Chair advised that a public meeting attendance sign in sheet was located along the wall near the exit doors

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Public Meeting Under the Planning Act – Dobrucki - January 12, 2015 (Set #1) Page 4

which he asked all present to sign if they wished to be notified of Council’s decision with respect to this application.

The Chair advised that the owner and public was invited to stay in attendance to hear the Planning Committee’s comments and/or decision on this application which will take place following this public meeting being held this evening. The Chair advised that this public meeting with respect to the proposed Zoning By-law Amendment is concluded at the hour of 6:58 p.m.

______________________________ __________________________________ Deputy Clerk (Joanne Scime) Councillor Alex Micallef (Chair)

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TOWNSHIP OF WEST LINCOLN PUBLIC MEETING UNDER THE PLANNING ACT

MINUTES - SET # 2

AMENDMENTS TO TOWNSHIP OF WEST LINCOLN’S ZONING BY-LAW Zoning By-law Amendment – Eric Leith (File No. 1601-005-14)

PUBLIC MEETING #2 HELD: Monday, January 12, 2015, Township Administration Building, 318 Canborough Street, Smithville – 6:58 p.m. PRESENT: Council: Councillor Alex Micallef Mayor Douglas Joyner Councillor Terry Bell Councillor Dave Bylsma Councillor Joann Chechalk Councillor Jason Trombetta Staff: Chris Carter, CAO Joanne Scime, Deputy Clerk Brian Treble, Director of Planning & Building Others: Dan Currie, MHBC Planning John Ariens, IBI Group Sharon Beaty Arnold Beaty Brent Haranym Marlene Harris Jeff Harris Kim Leith Eric Leith John Leith Lise Leith Leanne Travis* Rob Cosby Ross Murray Ed Belliveau Richard Dobrucki Absent: Councillor Mike Rehner (absent due to conflict– refer to pg. 2) * IN ATTENDANCE PART-TIME CHAIR: Councillor Alex Micallef (Chair)

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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Public Meeting Under the Planning Act – Leith - January 12, 2015 (Set #2) Page 2 PURPOSE OF THE PUBLIC MEETING BEING HELD THIS EVENING: The purpose of this public meeting is to consider a Zoning By-law Amendment application under Section 34 of the Planning Act in the name of Eric Leith for property municipally known as 811 Caistor Centre Road (File No. 1601-005-14). DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST: The Chair noted that Councillor Mike Rehner had declared a disclosure of pecuniary interest and/or conflict of interest with respect to this Public Meeting under the Planning Act as he and his wife held the mortgage on the subject lands, municipally known as 811 Caistor Centre Road, which was the subject of the Zoning By-law Amendment application. Councillor Rehner left the Council Chambers during the public meeting deliberations relating to the Zoning By-law Amendment application in the name of Eric Leith for property municipally known as 811 Caistor Centre Road. (a) PROPOSED AMENDMENT TO THE TOWNSHIP OF WEST LINCOLN’S ZONING

BY-LAW – Eric Leith (File # 1601-005-014) The Chair advised that this was a public meeting to consider an amendment to the Township of West Lincoln’s Zoning By-law as submitted by Eric Leith, File No. 1601-005-14. EXPLANATION OF THE PURPOSE AND EFFECT OF THE APPLICATION: A complete application for a Zoning By-law Amendment has been submitted on behalf of Eric Leith affecting lands legally described as Part Lot 10, Concession 2, being Part 3 on 30R-11352, in the former Township of Caistor, now in the Township of West Lincoln. The property is municipally known as 811 Caistor Centre Road.

Application for rezoning has been made to recognize the property as a lot within the definition of the by-law, permit a silviculture/agro-forestry operation and to allow a temporary use on the property for a maximum of three years to allow for the processing of an existing stockpile of imported wood on the property. The property is currently being used for agricultural purposes and presently includes no buildings. The proposed agro-forestry and sivilculture operation will include the indoor and outdoor propagation, storage and sale of seed, seedlings, shrubs and trees, as well as the processing, sawmilling, drying, treating, indoor and outdoor storage and sale of wood, lumber, logs, poles and firewood and uses, buildings and structures accessory thereto from trees and plants grown on the property only.

This application has been amended from its’ original application which requested a wider range of uses, including the importing of materials and a temporary dwelling on the property for a maximum of 10 years. These uses are no longer being requested.

This is the third public meeting to be held regarding this application. 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. 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.

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Public Meeting Under the Planning Act – Leith - January 12, 2015 (Set #2) Page 3

The Chair stressed that, at this point, no decision had been made on the proposed amendment being considered this evening and that any comments received would 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 the public meeting was given by way of individual notice dated December 11, 2014. The Chair requested Mr. Dan Currie, of MHBC Planning, on behalf of the Township, to please explain the purpose and reason for the proposed Zoning By-law Amendment for Eric Leith. Mr. Dan Currie, MHBC Planning, reviewed his Recommendation Report with respect to the Zoning By-law Amendment application in the name of Eric Leith (File No. 1601-005-14) dated January 12, 2015. The Chair asked if the applicant or his authorized agent was present and wished to speak to the proposed Zoning By-law Amendment application. Mr. John Ariens, IBI Group, advised that he was the authorized agent for Mr. Eric Leith, who is the owner of the property and he noted that Mr. Leith and his wife were in attendance this evening as part of the audience. Mr. Ariens provided the following comments: (a) The Leith’s wish to establish an agricultural forestry operation on 160 acres of

their property which includes a large woodlot. (b) Farming has a broad range of uses including forestry, which is a permitted farm

use. (c) Mr. Leith brought firewood to the subject lands for processing as part of his

forestry operation which was noted as being similar to a farmer raising cattle and/or crops such as hay, at one property and bringing the cattle and/or hay back to the home farm. However, what Mr. Leith had done was in contravention of the Zoning By-law as the wood was imported as opposed to grown on the premises.

(d) This evening is the third public meeting with respect to this application. (e) To date, there have been a significant amount of comments received from

neighbours, including concerns with respect to noise, truck traffic, dust, odours and/or potential pollution.

(f) Mr. Leith has no intention of establishing a huge industrial type operation; however, it is his goal to establish a small scale family farm zoned for his agro-forestry business.

(g) The following amendments were made by the applicant to his Zoning By-law Amendment application in order to address concerns raised by neighbours following the second Public Meeting:

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Public Meeting Under the Planning Act – Leith - January 12, 2015 (Set #2) Page 4

(1) The request to permit uses related to an agro-forestry operation including the processing of wood/logs imported from other properties was removed. Any forestry products that are being sold from the subject lands will be from the woodlot located on the subject land, which will be small scale (one man operation).

(2) The request to allow a temporary mobile home on the subject lands for his family to live in for up to 10 years or until such time as a single detached dwelling has been constructed, was removed.

(h) The revised application also requested the following: (1) Permission to permit the processing and sale of the existing imported

wood currently stored on the subject lands for a period of three years (temporary use by-law);

(2) Permission to permit a minimum floor area of 65 square metres for a dwelling, whereas the zoning by-law requires a minimum floor area of 100 square metres for a one-storey single-detached dwelling in the A2 zone.

(i) The temporary use by-law will include a restriction that the processing of the imported wood/logs on the subject lands (which occupies approximately 1 acre of the site) must be 150 metres from Caistor Centre Road, with the neighbours’ homes being located across the road, which is a significant buffer.

Mr. Ariens advised that he had no further comments at this time but was available to address any questions or concerns from Members of the Committee and/or the public. The Chair asked if there were any oral or written submissions on the proposed Zoning By-law Amendment from any members of the public. The Chair advised that this was the 3rd Public Meeting with respect to this application; however, he stressed that if there were any Members of the Public that had any new comments apart from the those made at either of the two public meetings previously held or by written submission, they should state them now as the OMB may not consider comments made during any other Council and/or Committee meetings.

Mr. Arnold Beaty read from a prepared statement which is attached as Schedule A to these minutes.

The Director of Planning & Building advised that he had provided a copy of a memorandum dated January 5th, 2015, from the Chief Building Official advising that the Building Department has no objection to Mr. Leith’s Zoning By-law Amendment application; however, noted that a building permit would be required for any new structures constructed on the subject lands.

Mr. Jeff Harris reviewed his PowerPoint presentation which is attached as Schedule B to these minutes. Mr. Eric Leith provided the following comments with respect to issues raised by a couple of the neighbours during their presentations this evening: (a) At no time was it his intention to frustrate/aggravate anyone with respect to his

proposal to operate an agro-forestry operation on the subject lands. (b) He purchased the subject lands with the same intention as many other farmers

do when purchasing additional lands where they have a grain drying operation on their main farm property and bring crops, such as soy beans, from another property to the main farm property for processing.

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Public Meeting Under the Planning Act – Leith - January 12, 2015 (Set #2) Page 5

(c) There were no properties in West Lincoln that have a value-added component for a grain drying operation and that this type of operation was a normal farm practice.

(d) Typically farmers can bring wood back to their property without any issue and that this was his thought when he brought wood/logs onto the subject lands and he apologized for his misunderstanding of the permitted uses within the applicable by-laws for agriculturally zoned lands.

(e) It was his intention to use some of the wood that had been brought to the subject lands for farm use, which would be a permitted use.

(f) The majority of the imported wood has been rendered as being useless due to the fact that it sat outside for a long period of time and therefore can only be used for firewood.

Mr. Ariens provided the following additional comments: (1) A Zoning By-law Amendment cannot include such issues as the size of truck or

the size of a chainsaw/chipper that can go or be used on a property (ultra vires – beyond ones legal power or authority).

(2) The Zoning By-law Amendment cannot be specific with respect to the type vehicle(s) that can come onto the subject property (i.e. applicant should only be allowed to use his current vehicle, being a larger SUV, to transport the existing imported wood).

(3) The credulousness of a statement made by one of the neighbours that Mr. Leith should not be allowed to construct a building on the property because he may put his “temporary use chainsaw” inside the building. A chainsaw could be used as part of the agro-forestry operation and a pole barn could be constructed on the property, as a permitted use, to store implements that would be used as part of the processing and sale of the temporary woodpile and/or the agro-forestry operation.

(4) In response to a neighbour’s concerns regarding drainage and spills, it was noted that these types of issues are no different from any other farming operation and any other farmer operating under good sound practises who would maintain the hydraulics in good working condition and would be careful with gas and oil. There would be no greater risk to any of the neighbours with respect to an agro-forestry operation being adjacent to them than if it was a farming operation.

(5) In response to a suggestion made by a neighbour that the temporary use by-law should include a clause that Mr. Leith not be permitted an extension if the woodpile still remained after the three year time period, it was noted that this was an “ultra vires” issue and that the municipality could not prevent a property owner from making a legal application for an extension.

(6) It was noted that Mr. Leith was very confident that he will be able to address the processing and sale of the imported wood from the subject lands within the three year timeframe and if he is unable to do so, the wood would then become firewood for Mr. Leith’s own personal use.

(7) It was noted at the previously held Public Meeting that the principle concern was the importation of wood and that the property would be used as an industrial forestry lumberyard, however, this was never Mr. Leith’s intent and there are adequate controls that have been put into the proposed by-laws to ensure that this will not happen.

(8) It was noted that Mr. Leith has put forward an ideal compromise that will address the neighbour’s concerns and will still allow Mr. Leith to address the processing and sale of the existing imported woodpile, on a temporary basis for

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Public Meeting Under the Planning Act – Leith - January 12, 2015 (Set #2) Page 6

up to 3 years, and will not result in any adverse affect/impact on the surrounding neighbourhood.

(9) In response to the neighbour’s concerns regarding this type of operation causing heavy truck traffic issues and the fact that the road was unable to handle this type of traffic use (“road only allows one foot between mirrors”), it was noted that Mr. Leith was well aware of this concern and that is why he has proposed to use his own personal vehicle and trailer.

In conclusion, Mr. Ariens advised that the proposed by-laws have addressed the issues raised by the neighbours and he requested that Council endorse the proposed by-laws as found in Mr. Currie’s report. In response to a comment made by Mr. Ariens, Mr. Beaty advised that putting controls in the temporary use and/or Zoning By-law Amendment would be no different than putting controls in any other type of by-law and that if there are contraventions made to any of the Township’s by-laws, a resident is required to provide the municipality with a written complaint, which will then be investigated by staff. Ms. Leanne Travis read from a prepared statement which is attached as Schedule C to these minutes. Mr. John Leith (Eric’s father) noted the following comments in response to the concerns/comments made by the neighbours with respect to his son’s Zoning By-law Amendment proposal: (a) Three months to remove the existing imported woodpile was ridiculous since it

was currently the start of winter and that this was a one-man operation with a chainsaw and a small trailer.

(b) On a number of occasions Mr. Leith noted that he has worked with Eric splitting the existing wood and that, although it has been stressful, the wood splitter that Eric owns has been able to handle the bigger pieces of wood and for the neighbours to say that Eric will hire someone to come in with a large splitter to cut it up is unfounded as Eric cannot afford this expense and if he did, it would only help speed up the operation and get rid of the wood quicker.

(c) A portable sawmill would be permitted on the property to cut up the existing wood on the property to be used as timber to build a shed.

(d) He questioned the use of the word “sawmill”, by Township staff, on the rezoning yellow sign posted on the subject lands as it was never the intention of Eric to have a sawmill on the subject lands.

Mr. John Leith then read from a prepared statement which is attached as Schedule D to these minutes. 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 final 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. There was much discussion among Members of the Committee regarding but not limited to the following:

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(a) A number of concessions have been made by the applicant to address the concerns raised by the neighbours and it appears that there have been no concessions made by the neighbours.

(b) A suggestion that the portion of the subject lands, which relate to the processing of the imported wood component (temporary use), be subject to Site Plan Control (Response = Site Plan Control would only apply to the temporary use as agricultural operations are not subject to Site Plan Control).

(c) A suggestion to possibly require the property owner to use the north driveway rather than the driveway located adjacent to the residential homes across the road (Response = the driveway across from the adjacent homes is the primary driveway (gravel) with the north driveway not being graveled).

(d) Whether the current condition of the north driveway could accommodate use by vehicles or would improvements/upgrades be required (Response = future upgrades would be required).

(e) Whether the Township has a noise by-law and if it would address potential noise from the use of a chainsaw and/or log splitter, etc. on the subject lands (Response = determination would be needed regarding if the use of a chainsaw and/or log splitter was a normal farm practice use).

(f) Whether it was the property owner’s intention to be a full fledged farmer (Response – yes, owner is intending to operate an agro-forestry/silva-culture operation (planting, growing and harvesting of trees) as the main use with the secondary use being the processing and selling of firewood).

(g) Whether it was the intention of the property owner to work within the parameters of the noise and nuisance by-law (Response = must adhere to the by-law).

(h) What is the reason for requesting a reduction of the minimum floor area for the single detached dwelling to be constructed on the subject lands (A2) from 100 square metres to 65 square metres (Response = young family and removed request to permit a temporary mobile home and instead requested to construct a modest size permanent home and build additions as finances allow).

(i) Suggested that the proposed Zoning By-law be amended to add the word “residential” prior to the word “dwelling” in Section 3 (a) in order to make it clear that the dwelling must be for residential use.

(j) Suggested that the timeframe of the Temporary Use By-law (processing and sale of the imported wood) be amended from up to 3 years to a period of up to 6 months.

(k) Concerns regarding the use of the word “sawmill” as stated on the yellow Notice of Rezoning sign and posted at the subject lands (Response = the sign is prepared by staff who erred on the side of caution when preparing the wording for the sign to be posted at the subject lands to cover any issues that may come forward during the Public Meeting, etc. - Applicant has indicated that it was not his intention to operate a sawmill on the property.).

(l) Was a site visit undertaken by the Niagara Peninsula Conservation Authority (Response = yes).

(m) Is the applicant intending to or in the process of obtaining a Good Forestry Practice permit (Response = Mr. Leith is close to obtaining this permit.).

The Director of Planning & Building reviewed the rezoning and notice of decision with respect to Council’s approval of a Zoning By-law Amendment.

The Chair advised that if the Zoning By-law Amendment is approved by Council, a notice of its passing will be circulated with an appeal period. The Chair advised that a

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public meeting attendance sign in sheet was located along the wall near the exit doors which he asked all present to sign if they wished to be notified of Council’s decision with respect to this application.

The Chair advised that the owner and public was invited to stay in attendance to hear the Planning Committee’s comments and/or decision on this application which will take place following this public meeting being held this evening. The Chair advised that this public meeting with respect to the proposed Zoning By-law Amendment is concluded at the hour of 8:42 p.m.

______________________________ __________________________________ Deputy Clerk (Joanne Scime) Councillor Alex Micallef (Chair)

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SCHEDULE "A" TO JANUARY 12, 2015 PULIC MEETING MINUTES SET 2 (LEITH)

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SCHEDULE "A" TO JANUARY 12, 2015 PULIC MEETING MINUTES SET 2 (LEITH)

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SCHEDULE "A" TO JANUARY 12, 2015 PULIC MEETING MINUTES SET 2 (LEITH)

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SCHEDULE "B" TO JANUARY 12, 2015 PUBLIC MEETING MINUTES SET 2 (LEITH)

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SCHEDULE "B" TO JANUARY 12, 2015 PUBLIC MEETING MINUTES SET 2 (LEITH)

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SCHEDULE "B" TO JANUARY 12, 2015 PUBLIC MEETING MINUTES SET 2 (LEITH)

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SCHEDULE "B" TO JANUARY 12, 2015 PUBLIC MEETING MINUTES SET 2 (LEITH)

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SCHEDULE "B" TO JANUARY 12, 2015 PUBLIC MEETING MINUTES SET 2 (LEITH)

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SCHEDULE "C" TO JANUARY 12, 2015 PUBLIC MEETING MINUTES SET 2 (LEITH)

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SCHEDULE "D" TO JANUARY 12, 2015 PUBLIC MEETING MINUTES SET 2 (LEITH)

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SCHEDULE "D" TO JANUARY 12, 2015 PUBLIC MEETING MINUTES SET 2 (LEITH)

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_______________________________________________________________________________________________ TOWNSHIP OF WEST LINCOLN

PLANNING/BUILDING/ENVIRONMENTAL COMMITTEE SUMMARY

DATE OF MEETING: JANUARY 12, 2015 SUMMARY OF RECOMMENDATIONS: (a) ITEM P02-15

(1) That, the Recommendation Report regarding the zoning by-law amendment application for 811 Caistor Centre Road, dated January 9, 2015, BE RECEIVED; and,

(2) That, the Revised Zoning By-law Amendment application for 811 Caistor Centre Road, BE APPROVED.

(b) ITEM P01-15

(1) That, report PD-008-15, regarding “Richard Dobrucki application for Rezoning”, dated January 9, 2015 BE RECEIVED; and,

(2) That, application for Zoning By-law Amendment 1601-016-14 submitted by Richard Dobrucki, BE APPROVED.

(c) ITEM P03-15

(1) That, report PD-006-15, regarding “Consultant Selection for Urban Design Manual and Downtown Streetscape Design Project”, dated January 12, 2015 be received; and,

(2) That, Council approves the hiring of MBPD to complete the project within budget and in accordance with their RFP submission.

(d) ITEM P04-15

That, report PD-004-15, regarding “Update on New Township of West Lincoln Zoning By-law”, dated January 12, 2015 be received for information purposes.

(e) ITEM P05-15

That, Report PD-003-15, regarding “By-law Review as it relates to Industrial Wind Turbines”, dated January 12, 2015, be received for information purposes.

(f) ITEM P06-15

(1) That, report PD-002-15, regarding “Regional Corridor Protection Policies - ROPA 6”,dated January 12, 2015 be received; and,

(2) That, Township Planning/Building/Environmental Committee and Council hereby endorse the Regional Corridor Protection Policies (ROPA 6) as attached to this report; and,

(3) That, Staff be authorized to write a letter to the Region to inform them of the Township of West Lincoln’s support.

(g) ITEM P12-15

(1) That, report PD-007-15, regarding a Legal Matter, dated January 12, 2015 BE RECEIVED; and,

(2) That, Staff be authorized to proceed as directed in closed session.

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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_______________________________________________________________________________________________ TOWNSHIP OF WEST LINCOLN

PLANNING/BUILDING/ENVIRONMENTAL COMMITTEE MINUTES

MEETING NO. ONE HELD: Monday, January 12, 2015, Township Administration Building, 318 Canborough Street, Smithville – 6:32 p.m. PRESENT: Council: Councillor Alex Micallef – Chair Mayor Douglas Joyner Councillor Terry Bell Councillor Dave Bylsma Councillor Joann Chechalk* (refer to page 7) Councillor Mike Rehner* (refer to pages 3 & 8) Councillor Jason Trombetta

Staff: Chris Carter, CAO Brian Treble, Director of Planning & Building Joanne Scime, Deputy Clerk Others: Dan Currie, MHBC Planning* John Ariens, IBI Group* Sharon Beaty* Arnold Beaty* Brent Haranym* Marlene Harris* Jeff Harris* Kim Leith* Eric Leith* John Leith* Mrs. Leith* Leanne Travis* Rob Cosby* Ross Murray* Ed Belliveau* Richard Dobrucki* Melissa Kramer* * IN ATTENDANCE PART-TIME 1. CHAIR: Councillor Alex Micallef 2. CHANGE IN ORDER OF ITEMS ON AGENDA:

There was no change to the order of items on the agenda at this point in the meeting (see below following Public Meetings under the Planning Act section for reconsideration of this matter).

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

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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(a) Councillor Mike Rehner Re: (1) Item P02-15 – MHBC Recommendation Report – Zoning By-law

Amendment – 811 Caistor Centre Road (Eric Leith) (File No. 1601-005-14) (2) Public Meeting #2 - Zoning By-law Amendment – 811 Caistor Centre Road

(Eric Leith)

Councillor Mike Rehner declared a conflict of interest/disclosure of pecuniary interest with respect to the above noted items as he and his wife held the mortgage for the lands known municipally as 811 Caistor Centre Road. Councillor Rehner advised that he would not be taking part in discussion with respect to the Leith Public Meeting under the Planning Act and/or discussion or voting with respect to Item P02-15 and that he would be excusing himself from the Council Chambers during the Public Meeting as well as during discussion and/or consideration of Item P02-15, being the item to discuss the Recommendation Report relating to the Zoning By-law Amendment application for 811 Caistor Centre Road (Eric Leith).

(b) Mayor Douglas Joyner

Re: Confidential Item P13-15 regarding a Legal Matter – Quarterly By-law Enforcement Update Report At a later point in the meeting, Mayor Joyner declared a conflict of interest/pecuniary interest with respect to Item P13-15 (legal matter); more specifically regarding a by-law enforcement matter contained in the Quarterly By-law Enforcement Update Report. Due to the fact that there was no discussion relating to this specific by-law enforcement matter, Mayor Joyner did not leave the meeting.

NOTE: PUBLIC MEETINGS UNDER THE PLANNING ACT

The Planning/Building/Environmental Committee meeting recessed at 6:34 p.m. in order to deal with the following Public Meetings under the Planning Act: MEETING #1: (a) Zoning By-law Amendment – Richard Dobrucki (File No. 1601-016-14) MEETING #2: (a) Zoning By-law Amendment – Eric Leith (File No. 1601-005-14) NOTE: Councillor Mike Rehner declared a conflict of interest/disclosure of pecuniary interest with respect to Set #2 of the Public Meeting Minutes, more specifically with respect to a Zoning By-law Amendment application submitted by Eric Leith for property municipally known as 811 Caistor Centre Road. Councillor Rehner advised that he and his wife held the mortgage for this property and that he would not be taking part in discussion with respect to this Public Meeting under the Planning Act and would be excusing himself from the Council Chambers during the Public Meeting for Mr. Leith’s rezoning application.

Following the Public Meetings under the Planning Act, the Chair called a brief recess at approximately 8:42 p.m. and the meeting reconvened at approximately 8:52 p.m.

2. CHANGE IN ORDER OF ITEMS ON AGENDA (continued):

Councillor Joann Chechalk requested a change in the order of items on the agenda and suggested that Item P02-15 relating to MHBC’s Recommendation Report regarding the Zoning By-law Amendment application for 811 Caistor Centre Road (Eric Leith) be discussed Page 46

Planning/Building/Environmental Committee January 12, 2015 Page 3

now in order to allow the applicant’s consultant, Mr. John Ariens, to hear the Planning Committee’s comments and/or decision with respect to this application as he had another meeting to attend this evening at the Town of Lincoln. The Members of the Committee concurred with Councillor Chechalk’s suggestion and the following recommendation was put forward for consideration: Moved by Councillor Joann Chechalk and seconded by Mayor Douglas Joyner: That, Item P02-15 on the January 12, 2015 Planning/Building/Environmental Committee agenda, more specifically relating to the MHBC Recommendation Report regarding “Zoning By-law Amendment – 811 Caistor Centre Road (Eric Leith)” be moved forward for discussion prior to “Appointments”. - Carried.

8. STAFF REPORTS:

(b) ITEM P02-15 MHBC Planning (Dan Currie) Re: MHBC Recommendation Report – Zoning By-law Amendment – 811 Caistor Centre Road (Eric Leith) (File No. 1601-005-14) NOTE: Councillor Mike Rehner declared a conflict of interest/disclosure of pecuniary interest with respect to the above noted matter as he and his wife held the mortgage for the subject lands, being 811 Caistor Centre Road, which was the subject of a Zoning By-law Amendment application. Councillor Rehner excused himself from the meeting at approximately 8:54 p.m. and did not take part in discussion nor voting with respect to this matter. There was general discussion among Members of the Committee regarding adding additional wording to the draft Zoning By-law to clearly state that the single detached dwelling that would be permitted to be constructed on the subject lands was for residential use and could not be used for an office, etc.; however, the Director of Planning & Building explained that the word “dwelling”, as contained in the Zoning By-law, referred to a “residential dwelling” as per the definition contained in the Township’s Comprehensive Zoning By-law; therefore, he felt that it was not necessary to add the additional wording to the site specific Zoning By-law for 811 Caistor Centre Road. Mayor Joyner noted his concerns regarding the reduction of the minimum floor area of the residential dwelling that would be permitted to be constructed on the subject lands from 100 square metres to 65 square metres and that although he would not be bringing forward an amendment to increase the minimum floor area or remove this provision, he hoped that the “dwelling” that would be constructed would be larger than 65 square metres. Councillor Bell put forward an amendment to the Temporary Use By-law to reduce the timeframe that the processing and sale of the imported wood would be permitted from “up to 3 years” to “6 months”; however, there was no seconder for this amendment.

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Following further discussion the following recommendation was put forward for consideration: Moved by Councillor Joann Chechalk and seconded by Councillor Dave Bylsma:

(1) That, the Recommendation Report regarding the zoning by-law amendment

application for 811 Caistor Centre Road, dated January 9, 2015, BE RECEIVED; and,

(2) That, the Revised Zoning By-law Amendment application for 811 Caistor Centre

Road, BE APPROVED. - Carried. Councillor Rehner returned back to the meeting following discussion and consideration of Item P02-15.

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 Planning/Building/Environmental Committee agenda.

6. CONSENT AGENDA ITEMS: There were no consent agenda items. 7. COMMUNICATIONS: There were no communications. 8. STAFF REPORTS:

(a) ITEM P01-15

Planner I (Lauren Vraets) & Director of Planning & Building (Brian Treble) Re: Report No. PD-008-15 – Recommendation Report – Zoning By-law Amendment – Richard Dobrucki (File No. 1601-016-14) Moved by Councillor Joann Chechalk and seconded by Councillor Mike Rehner: (1) That, report PD-008-15, regarding “Richard Dobrucki application for Rezoning”,

dated January 9, 2015 BE RECEIVED; and,

(2) That, application for Zoning By-law Amendment 1601-016-14 submitted by Richard Dobrucki, BE APPROVED.

- Carried. Page 48

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(b) ITEM P02-15 MHBC Planning (Dan Currie) Re: MHBC Recommendation Report – Zoning By-law Amendment – 811 Caistor Centre Road (Eric Leith) (File No. 1601-005-14) NOTE: This item of business was dealt with earlier in the meeting prior to the “Appointment” section of the agenda.

(c) ITEM P03-15

Director of Planning & Building (Brian Treble) Re: Report PD-006-15 – Recommendation Report - Consultant Selection for Urban Design Manual and Downtown Streetscape Design Project Mayor Joyner suggested that a couple additional documents be added to the list of background documents as noted on Page 88 of the agenda, under Task 3 (Preliminary Overview of Background Documents), including the Smithville Trails and Corridor Master Plan and the Niagara Age Friendly Action Strategy, which is expected to be approved by the Region in February or March, 2015. The Committee Members agreed with Mayor Joyner’s above noted suggestion and it was noted that the Consultant selected to undertake the Urban Design Manual and Streetscape Design Project would be notified of the additional documents for preliminary background review. In response to discussion regarding the evaluation matrix and the criteria that was used to evaluate the thirteen submissions, staff was directed to include the criteria used to evaluate future RFP submissions that require a matrix evaluation as part of staff’s report, as well as the cost estimates and matrix scores for each proposal submitted. Moved by Mayor Douglas Joyner and seconded by Councillor Dave Bylsma: (1) That, report PD-006-15, regarding “Consultant Selection for Urban Design

Manual and Downtown Streetscape Design Project”, dated January 12, 2015 be received; and,

(2) That, Council approves the hiring of MBPD to complete the project within

budget and in accordance with their RFP submission. – Carried.

(d) ITEM P04-15 Director of Planning & Building (Brian Treble) Re: Report PD-004-15 – Information Report - Update on New Township of West Lincoln Zoning By-law Moved by Councillor Terry Bell and seconded by Mayor Douglas Joyner: That, report PD-004-15, regarding “Update on New Township of West Lincoln Zoning By-law”, dated January 12, 2015 be received for information purposes. - Carried. Page 49

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(e) ITEM P05-15 Director of Planning & Building (Brian Treble) Re: Report PD-003-15 – Information Report - By-law Review as it relates to Industrial Wind Turbines Direction was given to staff to include the issue of a noise by-law that would address wind turbines including an analysis of the potential cost implications and expertise that would be required in order to address written noise complaints lodged by a resident on a future Council/Committee agenda. In response to Councillor Bell’s request for a copy of the Road Use Agreements, the CAO advised that these documents were posted on the Township’s web site and that he would forward the link for these documents to Members of Council. Moved by Councillor Joann Chechalk and seconded by Councillor Jason Trombetta: That, Report PD-003-15, regarding “By-law Review as it relates to Industrial Wind Turbines”, dated January 12, 2015, be received for information purposes. - Carried.

(f) ITEM P06-15

Director of Planning & Building (Brian Treble) Re: Report PD-002-15 – Recommendation Report - Regional Corridor Protection Policies - ROPA 6 The Director of Planning & Building advised that he had received two pieces of correspondence earlier today from Phelps Homes and Mr. John Georgakakos regarding the Regional Corridor Protection policies which correspondence noted concerns relating to the Highway 20 By-pass and requested its removal. The Director of Planning & Building noted that the Highway 20 By-pass was located south west of the Smithville Urban area between the Georgakakos/Phelps Homes residential development and the Leisureplex lands. Moved by Mayor Douglas Joyner and seconded by Councillor Joann Chechalk: (1) That, report PD-002-15, regarding “Regional Corridor Protection Policies -

ROPA 6”,dated January 12, 2015 be received; and,

(2) That, Township Planning/Building/Environmental Committee and Council hereby endorse the Regional Corridor Protection Policies (ROPA 6) as attached to this report; and,

(3) That, Staff be authorized to write a letter to the Region to inform them of the

Township of West Lincoln’s support. - Carried.

9. OTHER BUSINESS:

(a) ITEM P07-15 Director of Planning & Building (Brian Treble) Re: OPA 37/38 Pre-Hearing - Verbal Update

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The Director of Planning & Building advised that the Ontario Municipal Board (OMB) held a pre-hearing last week with respect to the appeal relating to Official Plan Amendment 37 & 38 (SWAP) and that the parties were advised to prepare an issues list outlining the different concerns that have been expressed that need to be vetted during the hearing process. The Director of Planning & Building noted that the issues list is to be completed by February 9th, 2015 and will then be circulated to all parties and the various experts in order to streamline the hearing process. The Director of Planning & Building advised that the OMB has booked the Township’s Council Chambers for a 4 week period for the hearing which will commence on July 6, 2015. Councillor Chechalk left the meeting at approximately 10:43 p.m. and returned a couple of minutes later.

(b) ITEM P08-15 Director of Planning & Building (Brian Treble) Re: Vineland Power ERT Decision – Verbal Update The Director of Planning & Building advised that an appeal was lodged by a couple of residents, to the Environmental Review Tribunal (ERT) relating to the setbacks of four of the 5 industrial wind turbines constructed in the Caistor Centre area as part of the Vineland Power/HAF Industrial Wind Turbine Project. The Director of Planning & Building advised that a hearing was held in the Township’s Council Chambers in September 2014 and a decision was recently issued which provided that although the location of four wind turbines did not meet the setback requirements, they were acceptable to the Province and the appeal was dismissed.

(c) ITEM P09-15 Director of Planning & Building (Brian Treble) Re: NRWC ERT Pre-Hearing – Verbal Update

The Director of Planning & Building advised that a pre-hearing with respect to an appeal which was filed by Mother’s Against Wind Turbines to the Environmental Review Tribunal (ERT) was held on December 19th, 2014 at the Wellandport Community Centre. The pre-hearing identified the qualified individuals that could provide evidence at a future hearing, which was initially set for January 19th, 2015. The Director of Planning & Building advised that Township staff had received an inquiry earlier today regarding use of the Council Chambers during the week of January 26th, 2015 for a five day hearing; however, this has not yet been confirmed. The Director of Planning & Building advised that staff would advise Members of Council of the dates and location of the hearing once confirmed by the ERT. There were concerns noted regarding the ERT hearing being held in the Township’s Council Chambers due to the number of people that were expected to attend. It was noted that the Council Chambers, including the adjoining Committee Room, would not be able to accommodate the amount of people that are expected to attend the hearing (i.e. fire code capacity issues) as well as the fact that it would cause a disruption and both rooms would be unavailable for a period of up to five days.

(d) ITEM P10-15

Director of Planning & Building (Brian Treble) Re: St. Martin School – Verbal Update Page 51

Planning/Building/Environmental Committee January 12, 2015 Page 8

The Director of Planning & Building advised that the site plan process for the construction of the new St. Martin Roman Catholic School within the Streamside Plan of Subdivision was currently on hold as the School Board had submitted their initial drawings/plan for the Province’s approval which was subsequently sent out for tender. The Director of Planning & Building noted that the tenders received were significantly over the initial cost estimates and the School Board was renegotiating with the Province with respect to their funding and possible scale back of the project to reduce costs.

MOTION TO GO PAST 11 P.M.

Moved by Councillor Joann Chechalk and seconded by Mayor Douglas Joyner:

That, this meeting does now deliberate beyond the hour of 11:00 p.m. - Carried.

(e) ITEM P11-15

Members of Committee Re: Other Business Matters of Information Nature (a) Mayor Douglas Joyner

Re: Family Day Activities

Mayor Joyner advised that a full day of activities will be held on Family Day, being Monday February 16, 2015.

NOTE: Due to the hour of the meeting, Councillor Rehner advised that he could no longer stay in attendance as he needed to get up very early in the morning for work. Councillor Rehner left the meeting at approximately 10:54 p.m.

10. NEW BUSINESS: There were no new business items brought forward by any Members of the Committee.

11. CONFIDENTIAL MATTERS:

Moved by Councillor Joann Chechalk and seconded by Mayor Douglas Joyner:

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) Litigation or potential litigation, including matters before administrative tribunals,

affecting the municipality or local board. (10:56 p.m.) - Carried. Moved by Mayor Douglas Joyner and seconded by Councillor Terry Bell:

That, this Council meeting does now resume in open session at 11:16 p.m. - Carried.

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(a) ITEM P12-15 Director of Planning & Building (Brian Treble) Re: Confidential Report PD-007-15 – Legal Matter Moved by Councillor Joann Chechalk and seconded by Mayor Douglas Joyner: (1) That, report PD-007-15, regarding a Legal Matter, dated January 12, 2015 BE

RECEIVED; and, (2) That, Staff be authorized to proceed as directed in closed session. - Carried.

(b) ITEM P13-15

Director of Planning & Building (Brian Treble) Re: Legal Matter – Quarterly By-law Enforcement Update Report

NOTE: Mayor Joyner declared a conflict of interest/pecuniary interest with respect to Item P13-15 (legal matter) regarding a by-law enforcement matter contained in the Quarterly By-law Enforcement Update Report. Due to the fact that the specific by-law enforcement matter was not discussed, Mayor Joyner did not leave the meeting.

The Committee rose without reporting.

12. ADJOURNMENT: The Chair adjourned the Committee Meeting at the hour of 11:16 p.m. ______________________________ __________________________________ Deputy Clerk (Joanne Scime) Councillor Alex Micallef (Chair)

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SCHEDULE "A" TO JANUARY 19, 2015 ADMIN./FINANCE/FIRE COMM. MINUTES

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TOWNSHIP OF WEST LINCOLN PUBLIC WORKS/RECREATION/ARENA

COMMITTEE SUMMARY DATE OF MEETING: January 19, 2015

SUMMARY OF RECOMMENDATIONS: (a) ITEM PW01-15

1. That the minutes of the West Lincoln Public Library Board meeting held on August 12, That, Report RFD PW-01-2015, re: Parking and Stopping Restrictions – Industrial Park Road, dated January 19, 2015 be received; and,

2. That, Township Consolidated Traffic By-Law 89-2000 be amended by deleting Schedule “A”, and inserting the attached new Schedule “A” (Stopping Prohibitions), in lieu thereof; and,

3. That, Township Consolidated Traffic By-Law 89-2000 be amended by deleting

Schedule “C”, and inserting the attached new Schedule “C”, (Parking Restrictions), in lieu thereof; and,

4. That, the Township increase By-Law enforcement presence at peak times, for

public awareness and education.

(b) ITEM PW02-15 1. That, Report RFD PW-03-2015, re: Environmental Assessment Report - Bridge

34, dated January 19, 2015 be received and accepted; and,

2. THAT, Council direct Staff to file the Notice of Completion for the mandatory 30 day review period in accordance with the Municipal Environmental Assessment requirements.

(c) ITEM PW03-15 1. THAT, Report RFD PW-02-2015, re: 2014 Roof Repairs Request For Proposal

(RFP) Authorization, dated January 19, 2015 be received; and, 2 THAT, Council accept the RFP submission by D.F. Brown Roofing in the amount

of $63,850.00 (plus HST); and, 3. THAT, a By-Law be passed to authorize the Mayor and Clerk to enter into an

agreement with D.F. Brown Roofing.

(d) ITEM PW04-15 That the minutes of the West Lincoln Public Library Board meeting held on November 8, 2014, be received for information.

(e) ITEM PW05-15 That Councillor Dave Bylsma be appointed as the Council representative on the AD Hoc Facility Committee of the West Lincoln Public Library Board; and, That, By-law 2014-117 be amended to provide for this appointment.

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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TOWNSHIP OF WEST LINCOLN

PUBLIC WORKS/RECREATION/ARENA COMMITTEE MINUTES

MEETING NO. ONE HELD: Monday, January 19, 2015 Township Administration Building, 318 Canborough Street, Smithville - 10:00 p.m. PRESENT: Council: Councillor Dave Bylsma – Chair Mayor Douglas Joyner Councillor Jason Trombetta Councillor Terry Bell Councillor Mike Rehner Councillor Alex Micallef Councillor Joann Chechalk Staff: Chris Carter, CAO Carolyn Langley, Clerk

Brent Julian, Director of Public Works & Engineering Bob Denison, Supervisor of Arena & Parks*

* IN ATTENDANCE PART TIME 1. CHAIR: Councillor Dave Bylsma 2. CHANGE IN ORDER OF ITEMS ON AGENDA:

There was no request to change the order of the agenda. 3. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST:

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

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

6. CONSENT AGENDA ITEMS: There were no consent agenda items.

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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Public Works/Recreation/Arena January 19, 2015 Page 2 7. COMMUNICATIONS: There were no communications.

8. STAFF REPORTS:

(a) ITEM PW01-15 Director of Public Works & Engineering (Brent Julian) Re: Report RFD PW-01-2015 - Parking and Stopping Restrictions – Industrial Park Road Moved by Councillor Alex Micallef and seconded by Councillor Mike Rehner: 1. That, Report RFD PW-01-2015, re: Parking and Stopping Restrictions –

Industrial Park Road, dated January 19, 2015 be received; and,

2. That, Township Consolidated Traffic By-Law 89-2000 be amended by deleting Schedule “A”, and inserting the attached new Schedule “A” (Stopping Prohibitions), in lieu thereof; and,

3. That, Township Consolidated Traffic By-Law 89-2000 be amended by deleting Schedule “C”, and inserting the attached new Schedule “C”, (Parking Restrictions), in lieu thereof; and,

4. That, the Township increase By-Law enforcement presence at peak times, for public awareness and education.

- Carried

(b) ITEM PW02-15 Director of Public Works & Engineering (Brent Julian) Re: Report RFD PW-03-2015 - Environmental Assessment Report - Bridge 34

Moved by Councillor Alex Micallef and seconded by Councillor Joann Chechalk:

1. That, Report RFD PW-03-2015, re: Environmental Assessment Report -

Bridge 34, dated January 19, 2015 be received and accepted; and,

2. THAT, Council direct Staff to file the Notice of Completion for the mandatory 30 day review period in accordance with the Municipal Environmental Assessment requirements.

- Carried

(c) ITEM PW03-15 Director of Public Works & Engineering (Brent Julian) & Supervisor, Arena/Parks Operation (Bob Denison) Re: Report RFD PW-02-2015 - 2014 Roof Repairs Request for Proposal (RFP) Authorization (Caistor Fire Hall and Smithville Public Works Buildings)

Moved by Councillor Alex Micallef and seconded by Mayor Douglas Joyner:

1. THAT, Report RFD PW-02-2015, re: 2014 Roof Repairs Request For Proposal (RFP) Authorization, dated January 19, 2015 be received; and,

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Public Works/Recreation/Arena January 19, 2015 Page 3

2. THAT, Council accept the RFP submission by D.F. Brown Roofing in the amount of $63,850.00 (plus HST); and,

3. THAT, a By-Law be passed to authorize the Mayor and Clerk to enter into an agreement with D.F. Brown Roofing.

- Carried

9. OTHER BUSINESS:

(a) ITEM PW04-15 West Lincoln Public Library Board Re: November 8, 2014 Minutes

Moved by Councillor Joann Chechalk and seconded by Councillor Alex Micallef:

That the minutes of the West Lincoln Public Library Board meeting held on November 8, 2014, be received for information. - Carried

(b) ITEM PW05-15

West Lincoln Public Library Board Re: Appointment to AD Hoc Facility Committee of the West Lincoln Public Library Board

Moved by Councillor Joann Chechalk and seconded by Mayor Douglas Joyner: That Councillor Dave Bylsma be appointed as the Council representative on the AD Hoc Facility Committee of the West Lincoln Public Library Board; and, That, By-law 2014-117 be amended to provide for this appointment. - Carried

(c) ITEM PW06-15

Director of Public Works & Engineering (Brent Julian) Re: Construction Projects Update

The Director of Public Works & Engineering read from a prepared statement regarding various construction projects and responded to questions from Members of Council.

In response to an inquiry by Councillor Micallef relating a resident’s concern regarding holes on Northridge Drive, the Director of Public Works & Engineering advised that he would check into the issue and Councillor Micallef agreed that he would provide the name of the resident to the Director of Public Works & Engineering. In response to an inquiry from Mayor Joyner regarding removal of the hydro pole at the corner of Colver and Canborough Streets and if the hydro locates could be done expeditiously in order to not delay progress of this project in the spring, the Director of Public Works & Engineering advised that he would contact the Region and suggest that the locates be done in a timely fashion.

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Public Works/Recreation/Arena January 19, 2015 Page 4

(d) ITEM PW07-15 Members of Council Re: Other Business Items of an Informative Nature 1. Councillor Jason Trombetta

Re: Street Banner for Family Day & other Events In response to Councillor Trombetta’s suggestion that staff investigate the possibility of installing banners at each end of Town to advertise special events such as Family Day, PoultryFest, etc., the CAO advised that he would investigate this issue and report back.

2. Councillor Mike Rehner

Re: Rough state of Roads relating to two Road Projects Councillor Rehner noted that there were two locations relating to two road projects where the contractor had not smoothed out the temporary resurfacing which he felt should be addressed as they were very rough. The two locations/issues in question were: 1) a man hole by South Lincoln High School that had a deep depression; and, 2) a rough area near the former railroad overpass which was very bumpy.

The Director of Public Works & Engineering stated that he would investigate the two issues noted by Councillor Rehner.

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

There were no confidential matters.

12. ADJOURNMENT:

That, this Committee does now adjourn at the hour of 10:26 p.m. ______________________________ _____________________________ CAROLYN LANGLEY, CLERK COUNCILLOR DAVE BYLSMA

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-01

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 15th OF DECEMBER, 2014 AND ITS SPECIAL MEETING (TRAINING/BUDGET WORKSHOP) HELD ON THE 20th OF JANUARY, 2015.

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 sixteenth meeting, regular, held on the 15th day of

December 2014 and the first meeting, special (Training/Budget Workshop), held on the 20th day of January, 2015, 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 26th DAY OF JANUARY, 2015. ______________________________ MAYOR DOUGLAS JOYNER ______________________________ CAROLYN LANGLEY, CLERK

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-02

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 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 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 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 26th DAY OF JANUARY, 2015. ____________________________ MAYOR DOUGLAS JOYNER _____________________________ CAROLYN LANGLEY, CLERK

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN BY-LAW NO. 2015-03

BEING A BY-LAW TO AMEND BY-LAW 2013-58 WHICH ADOPTED RULES FOR PROCEDURES OF COUNCIL AND COMMITTEES THEREOF

WHEREAS the Council of the Corporation of the Township of West Lincoln passed by-law 2013-58 which adopted rules for procedures of Council and committees thereof; AND WHEREAS the Council of the Corporation of West Lincoln deems it necessary to amend By-law 2013-58 to revise the provisions contained in Section 6.7 relating to Public Comment at Council; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN enacts as follows: 1. That, By-law 2013-58 be amended by deleting Section 6.7 under “Public Comment

at Council” and replacing it with the following revised Section 6.7:

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”

section of the agenda and relates to a matter which would normally be dealt with at Committee.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JANUARY, 2015. _________________________________ MAYOR DOUGLAS JOYNER _________________________________ CAROLYN LANGLEY, CLERK

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-04

A BY-LAW TO ESTABLISH A MUNICIPAL HEALTH AND SAFETY POLICY STATEMENT FOR THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN AND TO REPEAL BY-LAW 2014 - 05

WHEREAS the Municipal Act, 2001, Statutes of Ontario, Chapter M.25 Section 11(2)(6) provides that a lower-tier municipality may pass by-laws respecting the Health, safety and well-being of persons; AND WHEREAS the Corporation of the Township of West Lincoln realizes that it has the responsibility to provide a safe work environment for its employees; AND WHEREAS the Council of the Corporation of the Township of West Lincoln now deems it expedient to establish a Health and Safety Policy statement; NOW THEREFORE the Council of the Corporation of the Township of West Lincoln enacts as follows: 1. The Council of the Corporation of the Township of West Lincoln subscribes to

the principle that nothing is more important than the health, safety and well being of our employees, contractors, visitors and the surrounding community.

2. That the Municipal Council and the management appointed by the Council will integrate health and safety into our strategies, processes and performance measures to continue to recognize that good health and safety performance supports good business results.

3. That the Council of the Corporation of the Township of West Lincoln will make every effort to provide a safe and healthy work environment and that all supervisors and employees will manage health and safety risks by eliminating, minimizing or controlling hazards.

4. That the Municipal Council and the management appointed by the Council will recognize it’s ultimate responsibility for the employee health and safety and as such will strive for continuous improvement and will provide the leadership and internal capacity to make this happen.

5. That Senior Management appointed by the Council will participate in a health and safety leadership learning community, by providing and receiving information and best practices, thereby supporting continuous improvement and enabling effective leadership and internal capacity.

6. That the Municipal Council and the management appointed by the Council commit to provide an environment that enables all employees to participate and work collaboratively in developing, promoting and improving health and safety at work.

7. That By-Law 2014–05 be and is hereby repealed.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JANUARY, 2015. ____________________________ MAYOR DOUGLAS JOYNER _____________________________ CAROLYN LANGLEY, CLERK

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-05

BEING A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY AND TO PROVIDE FOR THE PAYMENT OF TAXES AND TO PROVIDE FOR PENALTY AND INTEREST OF FIFTEEN PERCENT.

WHEREAS the Council of the Corporation of the Township of West Lincoln has not adopted the estimates for the year 2015: WHEREAS Section 317 (1) of The Municipal Act, 2001, S.O. 2001, c. 25, provides that the council of a local municipality, before the adoption of the estimates for the year, under section 290, may pass a by-law levying amounts on the assessment of property in the local municipality rateable for local municipality purposes; AND WHEREAS the Council of this municipality deems it appropriate to provide for such interim levy on the assessment of property in this municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN enacts as follows: In this by-law the following words shall be defined as: “Minister” shall mean the Minister of Finance; 1. The amounts levied shall be as follows:

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

(a) the percentage prescribed by Section 317 (3) of the Municipal Act; or, (b) 50%, if no percentage is prescribed, 1.2 For the Multi-Residential, Commercial and Industrial property classes there shall be imposed

and collected an interim levy of: (c) the percentage prescribed by Section 317 (3) of the Municipal Act; or, (d) 50 % if no percentage is prescribed, of the total taxes for municipal and school purposes levied on in the year 2014.

2. For the purpose of calculating the total amount of taxes for the year 2014 under paragraph 1, if any taxes for municipal and school purposes were levied on a property for only part of 2014 because assessment was added to the collector’s roll during 2014, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year.

3. The provisions of this by-law apply in the event that assessment is added for the year 2015 to

the collector’s roll after the date this by-law is passed and an interim levy shall be imposed and collected.

4. The interim tax rates and levy as set out in Schedule “A” attached are hereby imposed and

levied on the whole of the assessment for real property as outlined in Schedule “A” according to the last revised assessment roll.

5. The said interim tax levy shall become due and payable in two (2) installments as follows: Fifty

percent (50%) of the interim tax levy shall become due and payable on the 24th day of February; fifty percent (50%) of the interim tax levy shall become due and payable on the 24th day of April and nonpayment of the amount on the dates stated in accordance with this section shall constitute default.

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By-law 2015-05 PAGE 2 ________________________________________________________________________ 6. (a) On all taxes of the interim levy, which are in default on the 1st day of March, a penalty of

1.25 percent shall be added and thereafter a penalty of 1.25 percent per month will be added on the first day of each and every month the default continues, until December 31, 2015.

(b) On all taxes of the interim levy, which are in default on the 1st day of May, a penalty of

1.25 percent shall be added and thereafter a penalty of 1.25 percent per month will be added on the first day of each and every month the default continues, until December 31, 2015.

7. (a) On all taxes of the interim tax levy in default on January 1, 2016, interest will be added at

the rate of 1.25 percent per month for each month or fraction thereof of default. (b) On all other taxes in default on January 1, 2016, interest shall be added at the rate of

1.25 percent per month or fraction thereof, and all by-laws and parts of by-laws inconsistent with this policy are hereby rescinded.

8. The subsequent levy for the year 2015 to be made under the Municipal Act shall be reduced

by the amount to be raised by the levy imposed by this by-law. 9. The provisions of s.317 of the Municipal Act as amended apply to this by-law with necessary

modifications.

10. If any section of the by-law or of Schedule “A” is found by a court of competent jurisdiction to be invalid, it is the intent of the Council for the Corporation of the Township of West Lincoln that all remaining sections of this by-law continue in force and effect.

11. Penalties and interest added on all taxes of the interim tax levy in default shall become due

and payable and shall be collected forthwith as if the same had originally been imposed and formed part of such unpaid interim tax levy.

12. The Treasurer shall cause to be mailed to the residence or place of business of such person

indicated on the last revised assessments roll, a notice specifying the amount of taxes payable.

13. A failure to receive the aforesaid notice in advance of the date for payment of the interim levy

or any installment, does not affect the timing of default or the date from which interest shall be imposed.

14. All taxes shall be paid into the office of the Treasurer or to such financial institutions authorized

by the Municipal Act and approved by the Treasurer. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JANUARY 2015. ____________________________ MAYOR DOUGLAS JOYNER ____________________________ CAROLYN LANGLEY, CLERK

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SCHEDULE A

TO TAX BY-LAW 2015-05

INTERIM TAX RATES AND LEVY FOR 2015

2015 50% ofAssessment Class Code Assessment 2014 Tax Rate Levy

Residential (RT) 1,226,417,370 0.00592985 $7,272,471Residential-Farmland Awaiting Development (R1) 2,823,896 0.00444739 $12,559Multi-residential (MT) 5,659,520 0.01106096 $62,600Farm (FT) 252,897,740 0.00148247 $374,912Commercial (CT) 45,214,852 0.01474326 $666,614Industrial (IT) 20,488,482 0.02072605 $424,645Pipeline (PT) 24,896,761 0.01446557 $360,146Managed forests (TT) 1,038,286 0.00148247 $1,539Commercial/excess land (CU) 948,233 0.01032028 $9,786Commercial/vacant land (CX) 1,122,250 0.01032028 $11,582Industrial/excess land (IU) 80,425 0.01347194 $1,083Industrial/vacant land (IX) 581,563 0.01347194 $7,835Large industrial (LT) 1,232,000 0.02072605 $25,534Large industrial/excess land (LU) 315,250 0.01347194 $4,247Shopping center (ST) 5,345,090 0.01474326 $78,804Shopping center/excess land (SU) 262,115 0.01032028 $2,705Hydro Industrial (IH) 30,725 0.02072605 $637Commercial-New Construction (XT) 7,698,941 0.01474326 $113,507Commercial-New Const/excess land (XU) 48,694 0.01032028 $503

1,597,102,193 $9,431,710

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-06

A BY-LAW TO AMEND ZONING BY-LAW NO. 79-14, 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 R.S.O. 1990, c. P. 13

NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN HEREBY enacts as follows:

1. THAT Schedule ‘A’ to Zoning By-law No. 79-14, as amended, is hereby amended bychanging the zoning on Part of Lot 10, Concession 2, being Part 3 on Concession 2Road on Reference Plan 30R-1132, in the Township of West Lincoln, shown as thesubject lands on Schedule ‘A’ attached hereto and forming part of this By-law.

2. That Map 1 to Schedule ‘A’ of Zoning By-law No. 79-14, as amended, is herebyamended by changing the zoning shown on on Schedule ‘A’ attached hereto andforming part of this By-law from an “Agricultural (A2)” zone to an “AgriculturalException (A2-545)” zone and to a “Hazard (H)” zone.

3. THAT Section 9 of Zoning By-law 79-14, as amended is hereby amended by addingthe following to Section 29 as follows:

A2-545 Notwithstanding the regulations of the Agricultural (A2) Zone, the landszoned A2-545 shall be subject to the following provisions:

a) That the minimum floor area of a dwelling on the subject lands is 65square metres.

b) The lands are considered to be a lot for the purposes of zoning.

4. AND THAT this By-law shall become effective from and after the date of passingthereof.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JANUARY, 2015

_____________________________ MAYOR DOUGLAS JOYNER

_____________________________ CAROLYN LANGLEY, CLERK

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EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NO. 2015-06

This By-law involves a parcel of land located on the east side of Caistor Centre Road, municipally known as 811 Caistor Centre Road. It is legally described as being Part of Lot 10 Concession 2, being Part 3 on Concession 2 Road (Reference Plan 30R-1132). The purpose of this By-law is to recognize the lands as a lot in the zoning by-law, rezone the extent of the Provincially Significant Wetland on the subject lands as Hazard zone, permit a one-storey dwelling with a minimum floor area of 65 square metres.

File: 1601-005-14 Applicant: Eric Leith

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2015-06

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-07

A BY-LAW TO AMEND ZONING BY-LAW NO. 79-14, 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 SECTIONS 34 AND 39 OF THE PLANNING ACT R.S.O. 1990, c. P. 13

NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN HEREBY enacts as follows:

1. THAT this By-law shall apply to the lands described as Part of Lot 10, Concession 2,being Part 3 on Concession 2 Road (Reference Plan 30R-1132), in the Township ofWest Lincoln, and as shown as the subject lands on Schedule ‘A’ attached heretoand forming part of this By-law.

2. THAT, in addition to the uses permitted in the ‘Agricultural A2 zone’, the processingand sale of wood imported from other properties may also be permitted on the landsdescribed as Part of Lot 10, Concession 2, being Part 3 on Concession 2 Road onReference Plan 30R-1132 and identified on Schedule ‘A’ to this By-law for atemporary period of time commencing on January 12, 2015 and expiring on January12, 2018. January 12, 2018, the use must cease.

3. THAT the processing and sale of wood imported from other properties is subject tothe following:

a) That the use is limited to the processing of imported wood located on thesubject lands at the time of passing of this by-law and that no additional woodmay be imported from other properties for processing and/or sale;

b) That the chipping and grinding of imported wood is not permitted;

c) That the processing of imported wood must be setback a minimum distanceof 150 metres from the front lot line.

4. AND THAT this By-law shall become effective from and after the date of passingthereof.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JANUARY, 2015

_____________________________ MAYOR DOUGLAS JOYNER

_____________________________ CAROLYN LANGLEY, CLERK

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EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NO. 2015-07

This By-law involves a parcel of land located on the east side of Caistor Centre Road, municipally known as 811 Caistor Centre Road. It is legally described as being Part of Lot 10 Concession 2, being Part 3 on Concession 2 Road (Reference Plan 30R-1132). The purpose of this By-law is to permit the temporary use of the subject lands for the processing and sale of the existing stockpile of imported wood which was imported from other properties. This Temporary Use By-law applies for a period of three years, commencing January 12, 2015 and ending January 12, 2018.

File: 1601-005-14 Applicant: Eric Leith

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2015-07 January 26,

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-08

A BY-LAW TO AMEND ZONING BY-LAW NO. 79-14, 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, 1990;

NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN HEREBY enacts as follows:

1. THAT Schedule ‘A’ Map 1 to Zoning By-law No. 79-14, as amended, is hereby amended bychanging the zoning on Part Lot 11, Concession 1 in the former Township of Gainsborough, nowin the Township of West Lincoln, shown as the subject lands on Schedule ‘A’, attached heretoand forming part of this By-law.

2. That Map 1 to Schedule ‘A’ to Zoning By-law 79-14, as amended, is hereby amended bychanging the zoning on Part 1 of the subject lands shown on Schedule ‘A’, attached hereto andforming part of this By-law from an “Agricultural (A2)” zone to a “Rural Residential with Exception(RuR-543)” zone.

3. That Map 1 to Schedule ‘A’ to Zoning By-law 79-14, as amended, is hereby amended bychanging the zoning on Part 2 of the subject lands shown on Schedule ‘A’, attached hereto andforming part of this By-law from an “Agricultural (A2)” zone to an “Agricultural Exception (A2-544)”zone.

4. THAT Section 15 of Zoning By-law 79-14, as amended, is hereby amended by adding thefollowing to Section 29:

RuR-543 All permitted uses and regulations of the Rural Residential ‘RuR’ Zone shall continue to apply, except as amended below:

(a) The front yard setback to the existing dwelling shall be not less than 13.0 metres.

5. THAT Section 9 of Zoning By-law 79-14, as amended, is hereby amended by adding thefollowing to Section 29:

A2-544 All permitted uses and regulations of the Agricultural ‘A2’ Zone shall continue to apply, except as amended below;

(a) That the land shall be used for Agricultural Purposes Only in perpetuity.

6. 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 26th DAY OF JANUARY, 2015.

____________________________ MAYOR DOUGLAS JOYNER

_____________________________ CAROLYN LANGLEY, CLERK

EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NO. 2015-08

This By-law involves a parcel of land located on the south side of Elcho Road, municipally known as 5612 Elcho Road and legally described as being Part of Lot 11, Concession 1 in the former Township of Gainsborough, now in the Township of West Lincoln.

The subject lands are currently zoned as Agricultural A2. The rezoning is a condition of a surplus

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farm severance application (B9/2014WL). This application is required to rezone the agricultural holding as Agricultural Purposes Only in perpetuity, and to rezone the proposed residential lot as Rural Residential with exception to recognize a reduced front yard setback.

File: 1601-016-14 Applicants: Richard Dobrucki

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Baldw

in Ro

ad (u

nope

ned)

Elcho Road

®N.T.S.

LegendPart 1 to berezoned to aRural Residentialwith Exception(RuR-543) Zone

Parcel 2 to berezoned to aAgirculturalPurposes (A2-544) Only Zone

This is Schedule 'A' to By-law No. 2015-8 passed the 26th day of January, 2015

Schedule 'A' Detail Map

Elcho Road

R.R. 27 (Wellandport Rd.)

Key Map ®N.T.S.

LegendSubject Lands

Part11.27 Ha +/-

Part 220.06 Ha +/-

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-09

A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN AND THE WELLAND & DISTRICT HUMANE SOCIETY FOR THE PROVISION OF CANINE CONTROL, HUMANE AND POUNDKEEPING SERVICES IN THE TOWNSHIP OF WEST LINCOLN.

WHEREAS the Council of the Corporation of the Township of West Lincoln deems it expedient to enter into an agreement with the Welland & District Humane Society for the provision of canine control, humane and pound keeping services.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS:

1. That, the Corporation of the Township of West Lincoln enter into anAgreement with the Welland & District Humane Society for the provision ofcanine control, humane and pound keeping services.

2. That, the Mayor and Clerk be authorized to sign the above mentionedAgreement and to affix the Corporate Seal thereto.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JANUARY, 2015.

____________________________ MAYOR DOUGLAS JOYNER

_____________________________ CAROLYN LANGLEY, CLERK

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-10

A BY-LAW TO AMEND BY-LAW 2010-60 WHICH ADOPTED A CODE OF CONDUCT FOR MEMBERS OF THE COUNCIL OF THE MUNICIPALITY OF THE TOWNSHIP OF WEST LINCOLN AND OF LOCAL BOARDS (AND ADVISORY COMMITTEES) OF THE MUNICIPALITY OF THE TOWNSHIP OF WEST LINCOLN.

WHEREAS the Council of the Corporation of the Township of West Lincoln enacted By-law 2010-60 which adopted a Code of Conduct for Members of the Council of the Municipality of the Township of West Lincoln and of local boards (and Advisory Committees) of the Municipality of the Township of West Lincoln;

AND WHEREAS the Council now deems it expedient to amend Section 3.(6) (as contained in Schedule A of By-law 2010-60, under the “Formal complaint Procedure Section of Part 3, under Subsection 3 “File with Clerk”. number (6) “Reports”). NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That, Section 3.(6) (as contained in Schedule A of By-law 2010-60, under the

“Formal complaint Procedure Section of Part 3, under Subsection 3 “File with Clerk”. number (6) “Reports”), be deleted and replaced with the following revised Section 3.(6):

3.(6) The Clerk shall only report to Council if an annual report is submitted by the Integrity Commissioner.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JANUARY, 2015. ____________________________ MAYOR DOUGLAS JOYNER _____________________________ CAROLYN LANGLEY, CLERK

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW 2015-11

A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN AND D.F. BROWN ROOFING FOR ROOF REPAIRS.

WHEREAS the Council of the Corporation of the Township of West Lincoln deems it expedient to enter into an Agreement with D. F Brown Roofing for roof repairs; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That, the Corporation of the Township of West Lincoln enter into an Agreement

with D. F Brown Roofing for roof repairs (Caistor Fire Hall and Smithville Public Works Building); 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 26th, DAY OF JANUARY, 2015. _______________________________ MAYOR DOUGLAS JOYNER _____________________________ CAROLYN LANGLEY, CLERK

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-12

BEING A BY-LAW TO AMEND BY-LAW 2014-117 WHICH CONFIRMED VARIOUS APPOINTMENTS AND/OR RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMITTEES & MUNICIPAL POSITIONS

WHEREAS the Council of the Corporation of the Township of West Lincoln enacted By-law 2014-117 which confirmed various appointments and/or recommendations for appointments to Boards, Committees and Municipal positions; AND WHEREAS the Council of the Corporation of the Township of West Lincoln deems it desirable to amend By-law 2014-117 to provide for appointments to the AD Hoc Facility Committee of the West Lincoln Public Library Board; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That Section 1 of By-law 2014-117 be amended by adding the following new

Schedules:

9. Schedule I - AD Hoc Facility Committee of the West Lincoln Public Library Board READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JANUARY, 2015. ____________________________ MAYOR DOUGLAS JOYNER ____________________________ CAROLYN LANGLEY, CLERK

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SCHEDULE “I” TO BY-LAW #2014-117 (as amended by By-law 2015-12)

APPOINTMENT TO THE AD HOC FACILITY COMMITTEE OF THE WEST LINCOLN

PUBLIC LIBRARY BOARD

That, the following person(s) be and are hereby appointed to serve as the Council representative on the AD Hoc Facility Committee of the West Lincoln Public Library Board for the period from January 1, 2015 to November 30, 2018: (1) Councillor Dave Bylsma

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-13

A BY-LAW TO ADOPT A DRESS CODE POLICY FOR THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

WHEREAS the Council of the Corporation of the Township of West Lincoln deems it expedient to adopt a Dress Code Policy by by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: 1. That, the Corporation of the Township of West Lincoln hereby adopts the

attached Dress Code Policy appended as Schedule “A” hereto. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JANUARY, 2015. ____________________________ MAYOR DOUGLAS JOYNER _____________________________ CAROLYN LANGLEY, CLERK

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TITLE: Workplace Dress Code Policy POLICY NO: POL-CAO-01-2015 SUPERCEDES NO: n/a EFFECTIVE DATE: January 26, 2015 POLICY STATEMENT: The Township of West Lincoln believes it is important that all employees present a consistent, citizen focused, professional image. PURPOSE: The purpose of this Policy is to outline expectations of acceptable workplace dress and presentation while conducting business on behalf of the Township of West Lincoln. SCOPE: This Policy applies to all Township employees including permanent, temporary, part-time, contract employees and students. Departmental policies or clothing guidelines may address more specific position dress requirements necessary to meet operational requirements. There are specific provisions on uniforms, clothing entitlements and supplied equipment outlined in the collective agreement. Refer to the collective agreement for specific details. Where there are discrepancies between this Policy and the collective agreement, the collective agreement takes precedence. DEFINITIONS: Business Casual (Monday to Thursday) - Attire that is less formal than formal business dress, but more formal than worn on Dress Down Days; the attire is clean, neat, and professional. Dress Down Day – On a voluntary basis, office employees may wear denim jeans, casual pants, casual shirts, t-shirts and sweatshirts which are suitable to the workplace. Employees participating in Dress Down Days are able to participate by making a monetary donation to support charities as chosen by the majority of staff who participate. Formal Business Dress - Clean, neat and professional clothing that is more formal than business casual. It generally refers to suits for both men and women, but other alternatives may also be acceptable.

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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Workplace Dress Code Policy POL-CAO-01-2015 Page 2 of 4

PRINCIPLES: The following principles apply to this Policy: 1. Appropriate workplace dress and overall presentation are important as they imply

good individual judgment and promote a professional Township image. 2. Employees are required to dress comfortably, but appropriately, in all weather

conditions. 3. Safety should be the primary factor when selecting clothing and footwear for the

workplace. As required by the Occupational Health and Safety Act or any other Act and/or procedure, employees who are required to wear uniforms, personal protective equipment, and/or special footwear by the nature of their job shall do so unless otherwise specifically directed by the Department Director and/or their Supervisor/Manager.

4. Appropriate dress and presentation involves a balance between projecting the

desired Township image, while still allowing employees to express their diverse, unique individuality and style.

5. Managers and Supervisors may make reasonable accommodation when the

situation requires an exception due to an employee’s religious dress requirement or a disability, provided it does not violate the Occupational Health and Safety Act.

WORKPLACE DRESS CODE GUIDELINES: General Guidelines of Office and/or Outside Workers: 1. All office employees must use their best judgment to dress appropriately for the

occasion and their position. Above all, it is important that all present a professional image. Employees should ask their Manager or Supervisor for clarification as required.

2. Employees who work in areas other than an office environment must abide by their

position dress requirements. 3. Office employees are required to wear business casual dress provided that formal

business dress is worn as their meeting schedule requires or as the department requires.

4. All clothing should be clean, neat and presentable in appearance. It is recognized

that some positions will cause clothing to become soiled during the course of a workday, but every Employee should begin his or her workday with clean and neat clothing.

5. Appropriate footwear is critical to safety and must be suitable to staff work location

and in compliance with The Township’s Health and Safety policies. Shoes or boots must be worn in the workplace.

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Workplace Dress Code Policy POL-CAO-01-2015 Page 3 of 4

6. The following clothing is unacceptable in the workplace: • Tank tops, Muscle shirts • Exercise apparel including sweat/athletic type exercise pants (spandex or

lycra) • Halter tops, tube tops, shirts that expose a bare midriff • High-cut, cut-off or biker shorts • Beach wear • Beach Style Flip Flops • Mini Skirts • Clothing with inappropriate writing or pictures (i.e. alcohol, tobacco, sexually

explicit, religious, profanity, political, etc.)

6. The following clothing may be worn by employees employed as part of the Township Recreation programs where this type of clothing is necessary and/or appropriate: • Tank tops, Muscle shirts • Exercise apparel including sweat/athletic type exercise pants (spandex or

lycra) 7. For Employees who work exclusively in an office environment, the wearing of blue

jeans is unacceptable except on Casual Fridays or other special occasions (such as a day when Employees are moving office or doing other unusual work) as may from time to time be designated by the CAO and/or Department Head or their designate.

8. Outside Employees including Public Works, Property and Facilities, and

Recreation/Arena staff are not permitted to wear shorts due to health and safety considerations such as exposure to ultra violet rays from the sun and mosquito bites, objects being thrown up by the riding equipment's tires and/or attachments, handling or using controlled products such as fuels, fertilizers, herbicides and pesticides, working in close proximity to people using weed eaters and lawnmowers, riding near trees with low hanging branches, bruising and abrasions from hitting lower body against wheel, dash, and/or foot holds when entering or leaving the vehicle or performing minor adjustments on or around the vehicle.

9. All clothing must be free from contractor or vendor logos that may indicate a conflict

of interest or political affiliation. 10. Tattoos and jewelry must not incorporate offensive or discriminatory symbols.

Jewelry, including facial jewelry, may be worn at work provided that it creates no health or safety hazard.

11. Departments or divisions may provide employees with name tags for customer

service. If provided, employees are expected to wear these name tags in a clearly visible manner.

Guidelines for Employees Attending Council, Standing Committee Meetings of Council or Special Meetings of Council: Employees who are attending Council and/or Standing Committee Meetings of Council or any other Special Meeting of Council are required to wear professional business attire including:

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Workplace Dress Code Policy POL-CAO-01-2015 Page 4 of 4

Male Attire: dress slacks, dress shirt and tie OR business suit with dress shirt and tie OR dress slacks with dress shirt, sweater and tie, and dress shoes. Female Attire: dress slacks/capris/crop pants OR dress suit OR skirt (no miniskirts) with shirt OR blouse OR sweater OR a dress, and dress shoes.

RESPONSIBILITIES: Employee: • Consistently present a well-groomed image with a professional presentation. • Use best judgment as to whether the selected clothing and footwear is appropriate

based on this Policy or as outlined in the Collective Agreement. • Ask Manager or Supervisor for clarification. Managers/Supervisors or Designates: • Ensure staff understand and remain in compliance with this Policy. • Apply consistent discipline for Policy violations. When disciplining violators, discuss

why their attire does not comply with the Policy and what they can do to comply. • Consult your Director if you have any questions. COMPLIANCE: Failure to comply with this Policy may result in an employee being sent home, without pay, to change his or her attire. Continual non-compliance may result in more serious discipline measures up to and including dismissal.

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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN

BY-LAW NO. 2015-14

BEING A BY-LAW TO AMEND BY-LAW 89-2000 WHICH REGULATES TRAFFIC AND PARKING ON TOWNSHIP ROADS

WHEREAS the Council of the Corporation of the Township of West Lincoln enacted By-law 89-2000 to regulate traffic and parking on Township Roads; AND WHEREAS the Council of the Corporation of the Township of West Lincoln now deems it expedient to insert Schedule "A" of By-law 89-2000 which provides for Stopping Prohibitions on local roads within the Township. AND WHEREAS the Council of the Corporation of the Township of West Lincoln now deems it expedient to insert Schedule "C" of By-law 89-2000 which provides for Parking Restrictions on local roads within the Township. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS:

1. That Schedule “A” (Stopping Prohibitions) of the said By-law No. 89-2000 be amended by deleted therefrom Schedule “A” and inserting the attached new Schedule “A” in lieu thereof.

2. That Schedule “C” (Parking Restrictions) of the said By-law No. 89-2000 be amended by deleted therefrom Schedule “C” and inserting the attached new Schedule “C” in lieu thereof.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JANUARY, 2015. ____________________________ MAYOR DOUGLAS JOYNER ____________________________ CAROLYN LANGLEY, CLERK

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OBJECT OF BYLAW 2015-14 To remove the No Parking restrictions on the west side of Industrial Park Road and replace them with a No Stopping prohibition on the east and west side of Industrial Park Road from the CPR tracks to Regional Road 20 (Amend Schedules A and C)

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