Council

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

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

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

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

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

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

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

That, the correspondence received from Ron Tripp, Acting Chief Administrative Officer for the Regional Municipality of Niagara, dated February 28, 2020, requesting the Township of West Lincoln to support the joining of the Coalition of Inclusive Municipalities and signing of the declaration below and participate in a media release and possible media event (as coordinated by Niagara Region with the municipalities); be received and, 2.That, the following Declaration to Join the Coalition of Inclusive Municipalities be adopted and forward to Niagara Region: GIVEN THAT: 1. The Canadian Commission for UNESCO (United Nations Educational, Scientific and Cultural Organization) is calling on municipalities to join a Coalition of Inclusive Municipalities and to be part of UNESCO's international Coalition launched in 2004; and 2. The Federation of Canadian Municipalities (FCM) endorses the Call for a Coalition of Inclusive Municipalities and encourages its members to join; and WHEREAS: 3. Municipal governments in Canada, along with other levels of government, have responsibilities under Canada's Charter of Rights and Freedoms as well as federal, provincial and territorial human rights codes, and therefore have an important role to play in combating racism and discrimination and fostering equality and respect for all citizens; Be it resolved that: 4. The Regional Municipality of Niagara, The Corporation of the Town of Fort Erie, The Corporation of the Town of Grimsby, The Corporation of

That Council hereby approves the following Consent Agenda Items: 1. Items 1, 2, 3, 4, 5, 6, and 7 be and are hereby received for information; and, 2. Items 8 and 9 be and is hereby received and the recommendations contained therein be adopted with the exception of Item nos. 4, 7 & 9.

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

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

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

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

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

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

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

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

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

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

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

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

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

WHEREAS the Alcohol and Gaming Commission of Ontario (AGCO) announced that businesses with existing liquor sales licenses are able to temporarily extend patios or temporarily add a new licensed patio for the duration of 2020 in accordance with recent amendments to Regulation 719 of the Liquor License Act and, WHEREAS once restaurants and bars are permitted to start to open during Phase 2 as outlined in the Province’s Recovery Strategy, and for the remainder of 2020, compliance with physical distancing measures and any other public health guidelines or orders issued by the Ontario Government and any other applicable level of government will require licenced operators to operate well below maximum capacity; and, WHEREAS in order for such a licensed operator to legally extend or adjust their patio temporarily, such licenced establishments must still obtain support from the municipality in which the establishment is situated, and; WHEREAS prior to obtaining Municipal support, a resolution from Township Council is required and, since, impacts have already been great, Township Council hereby endorses a blanket resolution to avoid delay, as follows: NOW THEREFORE the Council of the Township of West Lincoln hereby approves a blanket resolution of support for such licensed establishments to open and operate patios temporarily and includes extending patios for the duration of 2020 subject to the following: a) That the Fire Chief and Chief Building Official are satisfied that appropriat

That, Report No. PD-083-2020, regarding “Road Allowance Transfer – Caistorville United Church (Church Street Road Allowance TP - 26) known as Church Street, Caistorville” dated June 29th, 2020, be RECEIVED; and, That, the road allowance (shown on Attachment 2), former Township of Caistor, now the Township of West Lincoln, be and is hereby declared surplus and is approved for transfer as follows: (the “Property Owners”) (Jeffrey Howard and Michelle Wedawin &Caistorville United Church) i. Part 1 to Jeff Howard and Michelle Wedawin, same ownership as Lot 7 and easement in favour of Caistorville United Church ii. Part 2 to Caistorville United Church Pt Lot 8 and easement in favour of Jeffery Howard and Michelle Wedawin iii. Part 3 to Jeffery Howard and Michelle Wedawin, same ownership as Lot 1 iv. Part 4 to Caistorville United Church v. Part 5 to Region of Niagara (road widening) And subject to the following conditions: a) That, the lands be surveyed at the expense of the property owners; and, b) That, a by-law be passed authorizing the transfer of the former Church Street Registered Plan TP-26, more specifically being Part 1 to 5, of reference Plan 30R-XXXXX (future legal description to be provided); to the Property Owners as outlined above; (see attachment 2), c) That, the transfer of the Parts as outlined above to adjacent lands owned by the abutting property owner be conditional on the parcels being merged in title and that the Property Identification Numbers (PINS) for the a

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

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

That Council support the Town of Grimsby Whistleblowing Policy resolution that was sent out last August; and, That staff be hereby directed to prepare a report to a Whistleblowing Policy at a future committee Council meeting.

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

That, the next portion of this meeting be closed to the public to consider the following pursuant to Section 239(2) of the Municipal Act 2001: 1. Director of Planning & Building (Brian Treble)Re: Confidential Recommendation Report PD-081-20 - Future Steps to Secure 702 John Street, CaistorvilleApplicable closed session exemption(s): - litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;- advice that is subject to Solicitor-Client privilege, including communications necessary for that purpose. 2. Director of Planning & Building (Brian Treble)Re: Legal/By-law Enforcement Matter - Confidential Report PD-077-20 - Natural Severance - Caistor CentreApplicable closed session exemption(s): - litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;- advice that is subject to Solicitor-Client privilege, including communications necessary for that purpose. 3. Treasurer/Director of Finance (Donna DeFilippis)Re: Property Matter & Information Supplied in Confidence by the Federal and Provincial Governments - Canada Infrastructure Program (ICIP) Rural and Northern Stream Transfer Payment AgreementApplicable closed session exemption(s): - the security of the property of the municipality or local board;- information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of

COUNCIL - June 29, 2020 That, the Mayor and Clerk be and are hereby authorized to sign the Transfer Payment Agreement with respect to the Investing in Canada Infrastructure Program (ICIP): Rural and Northern Stream Project.

1. That, the correspondence received from Ron Tripp, Acting Chief Administrative Officer for the Regional Municipality of Niagara, dated February 28, 2020, requesting the Township of West Lincoln to support the joining of the Coalition of Inclusive Municipalities and signing of the COUNCIL - June 29, 2020 declaration below and participate in a media release and possible media event (as coordinated by Niagara Region with the municipalities); be received and, 2.That, the following Declaration to Join the Coalition of Inclusive Municipalities be adopted and forward to Niagara Region: GIVEN THAT: 1. The Canadian Commission for UNESCO (United Nations Educational, Scientific and Cultural Organization) is calling on municipalities to join a Coalition of Inclusive Municipalities and to be part of UNESCO's international Coalition launched in 2004; and 2. The Federation of Canadian Municipalities (FCM) endorses the Call for a Coalition of Inclusive Municipalities and encourages its members to join; and WHEREAS: 3. Municipal governments in Canada, along with other levels of government, have responsibilities under Canada's Charter of Rights and Freedoms as well as federal, provincial and territorial human rights codes, and therefore have an important role to play in combating racism and discrimination and fostering equality and respect for all citizens; Be it resolved that: 4. The Regional Municipality of Niagara, The Corporation of the Town of Fort Erie, The Corporation of the Town of G

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

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

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

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

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

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

1. That, Report No. PD-083-2020, regarding “Road Allowance Transfer – Caistorville United Church (Church Street Road Allowance TP - 26) known as Church Street, Caistorville” dated June 29th, 2020, be RECEIVED; and, 2. That, the road allowance (shown on Attachment 2), former Township of Caistor, now the Township of West Lincoln, be and is hereby declared surplus and is approved for transfer as follows: (the “Property Owners”) (Jeffrey Howard and Michelle Wedawin &Caistorville United Church)i. Part 1 to Jeff Howard and Michelle Wedawin, same ownership as Lot 7 and easement in favour of Caistorville United Churchii. Part 2 to Caistorville United Church Pt Lot 8 and easement in favour of Jeffery Howard and Michelle Wedawiniii. Part 3 to Jeffery Howard and Michelle Wedawin, same ownership as Lot 1iv. Part 4 to Caistorville United Churchv. Part 5 to Region of Niagara (road widening)And subject to the following conditions:a) That, the lands be surveyed at the expense of the property owners; and,b) That, a by-law be passed authorizing the transfer of the former Church Street Registered Plan TP-26, more specifically being Part 1 to 5, of reference Plan 30R-XXXXX (future legal description to be provided); to the Property Owners as outlined above; (see attachment 2),c) That, the transfer of the Parts as outlined above to adjacent lands owned by the abutting property owner be conditional on the parcels being merged in title and that the Property Identification Numbers (PINS) for the affe