THE CORPORATION OF THE TOWN OF LINCOLN COUNCIL A G E … · 2018-07-20 · the corporation of the town of lincoln council a g e n d a january 16, 2017 7:00 p.m. council chambers page

THE CORPORATION OF THE TOWN OF LINCOLN

COUNCIL

A G E N D A January 16, 2017

7:00 p.m. Council Chambers

Page

1. CALL TO ORDER

2. NATIONAL ANTHEM

3. ROLL CALL

4. DECLARATIONS OF INTEREST

5. CONFIRMATION OF AGENDA

6. ADOPTION OF PREVIOUS COUNCIL MINUTES

(a) Minutes of Council's Regular Meeting of December 19, 2016.7. BUSINESS ARISING FROM THE MINUTES

8. MAYOR'S REPORT

9. REGIONAL COUNCILLOR'S REPORT

10. COUNCILLOR REPORTS

11. DELEGATIONS

(a) Y.W.C.A. Niagara Region, re: Coldest Night of the Year Challenge.12. CORRESPONDENCE

13. REPORTS

(a) Public Meeting, minutes of January 9, 2017.(b) Planning Committee, minutes of January 9.

3-7

8

910-13

Page 1 of 24

Page

14. CONFIRMATION OF COMPLIANCE WITH S.34 OF THE PLANNING ACT

15. BY-LAWS

(a) No. 2017-01, To provide for borrowing for current expenditures not to exceed$21,700,000.

(b) No. 2017-02, To provide for interim tax levies for the year 2017.(c) No. 2017-03-Z485, To amend Zoning By-law 93-14-Z1, as amended (Tintern

Church of Christ).(d) No. 2017-04, To authorize a site plan agreement (Cuesta Estates & Winery

Inc.).(e) No. 2017-05, To authorize an agreement (St. John's Public Cemetery).16. COUNCILLOR ENQUIRIES

17. NOTICE OF MOTION

18. ANNOUNCEMENTS

19. CLOSED SESSION

20. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL

(a) No. 2017-06, To adopt, confirm and ratify matters dealt with by Councilresolution.

21. ADJOURNMENT

14-1516-17

18-21

2223

24

Page 2 of 24

Lincoln Chambers December 19, 2016

The Council of the Town of Lincoln met in regular session on December 19, 2016, at 7:00 p.m. in the Lincoln Chambers. Members Present: S. Easton Mayor T. Brunet Councillor R. Foster Councillor W. MacMillan Councillor P. MacPherson Councillor J. D. Pachereva Councillor D. Rintjema Councillor D. Thompson Councillor L. Timmers Councillor Staff Present: M. Kirkopoulos Chief Administrative Officer C. Beatty Senior Communications Officer H. Booth Museum and Culture Administrator A. Cifani Treasurer K. Dale Director of Planning and Development A. Fyfe Director of Finance and Administration D. Graham Director of Public Works G. Hudson Fire Chief R. Potter Manager of Revenue W. Kolasa Director of Corporate Services/Clerk Mayor Easton called the meeting to order at 7:00 p.m. and all in attendance rose for the National Anthem. Following the National Anthem, there were no declarations of interest and Council confirmed the order of business detailed in the agenda.

ADOPTION OF PREVIOUS COUNCIL MINUTES REGULAR COUNCIL, MINUTES OF DECEMBER 5, 2016 Motion No. RC-2016-186 Moved by Councillor D. Rintjema, Seconded by Councillor P. MacPherson THAT the minutes of the December 5, 2015, Regular Meeting of Council, be adopted as circulated.

CARRIED

BUSINESS ARISING FROM THE MINUTES None.

MAYOR’S REPORT Mayor Easton advised of a number of items of municipal interest including Christmas celebrations being held throughout the municipality and the recent Miracle on King Street event. Mayor Easton also extended an invitation to everyone in the community to attend the Town’s Annual New Year’s Levee and Family Skate to be held on January 7, 2017, at the Fleming Centre.

REGIONAL COUNCILLOR’S REPORT None.

COUNCILLOR REPORTS Members reported on a number of items of municipal interest including a Niagara Peninsula Energy Inc. 2017 Budget Meeting, an Association of Municipalities of Ontario Digital Task Force Meeting, a meeting of the Peninsula West Board of Directors that included ratification of appointments recommended by the Town of Lincoln on October 3, 2016, and a Regional Municipality of Niagara Transportation Steering Committee Meeting. Members also provided information about a recent Beamsville Business Improvement Area Meeting as well as the inaugural meeting of the Town of Lincoln’s Active Transportation Advisory Committee.

Page 3 of 24

Regular Council December 19, 2016

2

DELEGATIONS NANCY SICILIANA RE: TOWN OF LINCOLN CANADA 150 COMMITTEE UPDATE Ms. Nancy Siciliana, Chair of the Town of Lincoln’s Canada 150 Committee, addressed Council to provide information about the Committee’s work efforts to date and reviewed a number of upcoming Canada 150 celebration events commencing with the New Year’s Levee and Public Skate being planned for January 7, 2017. OFFICE OF THE FIRE MARSHALL AND EMERGENCY MANAGEMENT RE: NO TIME TO SPARE VIDEO PRESENTATION The Fire Chief introduced an educational video produced by the Office of the Fire Marshal and Emergency Management entitled “No Time To Spare” and highlighting a case study depicting the speed of the spread of a fire in a recent residential house fire.

CORRESPONDENCE None.

REPORTS SPORT, RECREATION AND CULTURE COMMITTEE, MINUTES OF DECEMBER 7, 2016 Motion No. RC-2016-187 Moved by Councillor D. Thompson, Seconded by Councillor R. Foster

THAT the minutes of the Sport, Recreation and Culture Committee meeting of December 7, 2016, be adopted and the recommendations contained therein be approved and acted upon.

CARRIED PUBLIC MEETING, MINUTES OF DECEMBER 12, 2016 Motion No. RC-2016-188 Moved by Councillor R. Foster, Seconded by Councillor D. Thompson THAT the minutes of the Public Meeting of December 12, 2016, be received.

CARRIED

ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE, MINUTES OF DECEMBER 12, 2016 Motion No. RC-2016-189 Moved by Councillor R. Foster, Seconded by Councillor D. Thompson

THAT the minutes of the Economic Development and Planning Committee meeting of December 12, 2016, including the confidential addendum thereto, be adopted and the recommendations contained therein be approved and acted upon.

CARRIED COUNCIL BUSINESS PLANNING (COMMITTEE OF THE WHOLE), MINUTES OF DECEMBER 13, 2016 Members considered the deliberations of the Council Business Planning (Committee of the Whole) at its meeting of December 13, 2016, and noted that the meeting included a public hearing and consideration of the Town’s 2017 Water and Waste Water Rates and 2017 Operating and Capital Budgets. Members reviewed the entirety of the Town’s 2017 budget deliberations, the final resulting budget and its implications for Lincoln residents and noted that adoption of the Committee of the Whole minutes would also have the effect of adopting the 2017 Budget. A recorded vote was requested on the following motion. Motion No. RC-2016-190 Moved by Councillor R Foster, Seconded by Councillor D. Thompson

Page 4 of 24


3

THAT the minutes of the Council Business Planning (Committee of the Whole) meeting of December 13, 2016, including the confidential addendum thereto, be adopted and the recommendations contained therein be approved and acted upon.

CARRIED

AYES: Councillors: Brunet, Foster, MacMillan, MacPherson, Pachereva, Rintjema, Thompson, Timmers, Mayor Easton. NAYES: None. INFRASTRUCTURE COMMITTEE, MINUTES OF DECEMBER 14, 2016 Motion No. RC-2016-191 Moved by Councillor D. Rintjema, Seconded by Councillor P. MacPherson

THAT the minutes of the Infrastructure Committee meeting of December 14, 2016, be adopted and the recommendations contained therein be approved and acted upon.

CARRIED

CONFIRMATION OF COMPLIANCE

Motion No. RC-2016-192 Moved by Councillor P. MacPherson, Seconded by Councillor D. Rintjema

THAT Council has considered the requirements of Paragraph 17 of Section 34 of the Planning Act, R.S.O. 1990, and concludes that no further notice or public meeting is required in the matter of the following proposed amendments to Zoning By-law No. 93-14-Z1:

(a) No. 2016-81-Z483, To amend Zoning By-law 93-14-Z1, as amended (Lavecchia).

(b) No. 2016-82-Z484, To amend Zoning By-law 93-14-Z1, as amended (Brown).

CARRIED

BY-LAWS Motion No. RC-2016-193 Moved by Councillor D. Rintjema, Seconded by Councillor W. MacMillan THAT leave be given to introduce the following by-laws:

a) No. 2016-81-Z483, To amend Zoning By-law 93-14-Z1, as amended (Lavecchia).

b) No. 2016-82-Z484, To amend Zoning By-law 93-14-Z1, as amended (Brown).

c) No. 2016-83, A By-law to deem part of a registered plan of subdivision not to be a registered plan of subdivision (Reg. Plans 82 and 520).

d) No. 2016-84, To amend By-law 89-2000, being a By-law regulating traffic and parking on municipal roads (speed limit reductions).

e) No. 2016-85, To appoint a Deputy Mayor for the Town of Lincoln.

f) No. 2016-86, To set rates and charges for the supply of water and rates and charges for wastewater service in the Town.

g) No. 2016-87, To authorize an agreement under the Ontario Community Infrastructure Fund, Formula-Based Component.

CARRIED

Motion No. RC-2016-194 Moved by Councillor L. Timmers, Seconded by Councillor T. Brunet

Page 5 of 24


4

THAT By-law No. 2016-81-Z483, No. 2016-82-Z484, No. 2016-83, No. 2016-84, No. 2016-85, No. 2016-86, No. 2016-87, read a first time, be now read a second and third time and finally passed, and that the Mayor and Clerk sign and seal the said by-law.

CARRIED

NOTICE OF MOTION None.

ANNOUNCEMENTS Members noted the holiday closure of Town Hall and the cancellation of the first Council, Sport Recreation and Culture and Infrastructure Committee Meetings of 2017. Members also noted the need for an amendment to Council’s 2017 Meeting Schedule to eliminate a conflict with other community meetings. Council Business Planning (Committee of the Whole) and Council Business Planning (Committee of the Whole) Economic Development meetings will be scheduled on the 3rd Wednesday of each month, instead of the 3rd Tuesday, to eliminate the conflict.

CLOSED SESSION At this point in the meeting the following motions were introduced:

Motion No. RC-2016-195 Moved by Councillor L. Timmers, Seconded by Councillor T. Brunet THAT Council adjourn to closed session in order to address:

a) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (a matter pertaining to advice from the Town’s solicitor regarding local agencies, boards and committees).

b) Personal matters about an identifiable individual, including municipal or local board employees (a matter pertaining to the Chief Administrative Officer performance appraisals).

CARRIED Motion No. RC-2016-196 Moved by Councillor D. Thompson, Seconded by Councillor R. Foster THAT Council resume in open session.

CARRIED Consideration of the subject matter in closed session concluded without direction or report.

BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL Motion No. RC-2016-197 Moved by Councillor T. Brunet, Seconded by Councillor L. Timmers THAT leave be given to introduce the following by-law:

a) No. 2016-88, To adopt, confirm and ratify matters dealt with by Council resolution.

CARRIED

Motion No. RC-2016-198 Moved by Councillor T. Brunet, Seconded by Councillor L. Timmers THAT By-law No. 2016-88, read a first time, be now read a second and third time and finally passed, and that the Mayor and Clerk sign and seal the said by-law.

CARRIED

Page 6 of 24


5

ADJOURNMENT

There being no further business to discuss, the Mayor declared the meeting adjourned at 9:50 p.m.

_____________________________________ MAYOR: SANDRA EASTON

_____________________________________ CLERK: WILLIAM J. KOLASA

Page 7 of 24

Page 8 of 24

Lincoln Chambers January 9, 2017

The Planning Committee of the Town of Lincoln met in regular session on January 9, 2017 at 7:00 p.m. in the Lincoln Council Chambers. Members Present: R. Foster Chair (for D. Thompson) S. Easton Mayor J. D. Pachereva Councillor (for P. MacPherson) D. Rintjema Councillor (for R. Foster) L. Timmers Councillor Staff Present: M. Kirkopoulos CAO C. Beatty Communications Manager M. Bruder Manager of Planning Services K. Dale Director Planning and Development D. Campbell Administrative Assistant Chair Foster called the Planning Committee Meeting to order at approximately 7:00 p.m. There were no declarations of interest.

PUBLIC MEETING

(A) Draft Plan of Common Elements Condominium by 1419406 Ontario Inc., 1419405 Ontario Inc. and 2252620 Ontario Limited

In attendance and those who signed the attendance sheet: Elizabeth Williams, Craig Williams, Rod Sinnott, Roger Whitfield, Fred Siebert, Mike Hardy, Jared Brandon, Suzette Wilson, Dagmar Burch. Chair Foster welcomed those in attendance and outlined the requirements of the Planning Act regarding the Notice of Public Meeting. Chair Foster provided a brief description of the proposal. The Committee heard from Jared Marcus of IBI Group. Mr. Marcus explained that the proposal is for the lands knows as Centre Square and includes 69 units consisting of 18 3-storey townhouses, 24 back-to back townhouse units and 27 stacked townhouse units. In response to a question from Councillor Rintjema, Mr. Marcus stated that the Region will pick up garbage at the driveway of each unit. Mayor Easton stated her concern with the units’ water metre/hydro services being visible from the street. Mayor Easton requested more information regarding the location of the service boxes. The Committee heard from Rod Sinnott of 5079 Serena Drive. In response to a question from Mr. Sinnott, the Director stated that Staff is of the understanding that buyers are aware of the potential condominium units. The Director stated that the condominium application is being completed now that the site plan is approved and the developer can determine the layout. Mr. Sinnott stated his concern with the current parking situation and felt that visitor parking from the development will cause additional parking problems on Serena Drive. Mr. Sinnott also stated his concern regarding lack of accessibility to the backyard of some of the units. There being no further comments or questions from the Committee or from members of the public, Chair Foster declared the public meeting closed at approximately 7:22 p.m. _______________________ ________________________________ SECRETARY CHAIR

Page 9 of 24

Lincoln Chambers January 9, 2017

The Planning Committee of the Town of Lincoln met in regular session on January 9, 2017 at 7:00 p.m. in the Lincoln Council Chambers. Members Present: R. Foster Chair (for D. Thompson) S. Easton Mayor D. Rintjema Councillor (for R. Foster) J. D. Pachereva Councillor (for P. MacPherson) L. Timmers Councillor Staff Present: M. Kirkopoulos CAO C. Beatty Communications Manager M. Bruder Manager of Planning Services K. Dale Director Planning and Development D. Campbell Administrative Assistant Chair Foster called the Planning Committee Meeting to order at approximately 7:22 p.m. There were no declarations of interest.

DELEGATIONS

(A) James Webb re: PL 17-03

The Committee heard from James Webb and Lorraine Roberts of Webb Planning Consultants on behalf of the applicant. Mr. Webb stated that the applicant is in full support of the Staff report and requests that the Committee endorse the recommendations. In response to a question from Councillor Rintjema, Mr. Webb stated that he was confident the applicant can meet the 40% on-street parking condition in order to ensure adequate parking for visitors. Mr. Webb noted that the 40% requirement does not include block townhouse units. In response to a question from Councillor Rintjema, Mr. Webb explained that the development will be in two phases, starting north to south. Mayor Easton stated her concern with the lack of 3D images to better illustrate the architectural detail of the development. Mr. Webb stated that there is a requirement for design brief in the draft approval and that this will provide more details regarding design. Mr. Webb stated that additional marketing material can be provided to the Committee if requested. The Committee heard from Fred Losani. Mr. Losani added that they are sensitive to compatibility with the adjacent development to north. In response to a question from Councillor Pachereva, Mr. Webb stated that the change in plans to develop more single homes vs. townhouses was design driven. In response to a question from Mayor Easton, Mr. Webb stated that anything more than 3-storey would require an amendment. In response to a question from Mayor Easton, Mr. Webb stated that consideration had been given to a commercial area, however they felt it would not be a viable option. In response to a question from Mayor Easton regarding the status of storm water servicing, Mr. Webb stated that it is still ongoing. The Director explained that prior to final approval, services must be addressed. In response to a question from Councillor Rintjema, Mr. Webb stated that blocks 67 and 70 have not yet been acquired. Mr. Webb stated that the land to the west is required in order to complete the road allowance and they are working with the landowner to obtain. Mr. Webb stated that they are satisfied that if the issue is not resolved, the project can still proceed and the development integrated through temporary solutions.

Page 10 of 24

Economic Development and Planning Committee Minutes Page 2/4 January 9, 2017

REPORTS

(A) PL 17-01, CN: 3-5-02-05, Application: PLCCE20160169, CN: 3-5-02-05,

Application: PLCOD20160175, Draft Plan of Common Elements Condominium and Draft Plan of Standard Condominium Applications by 1419406 Ontario Inc., 1419405 Ontario Inc. and 2252620 Ontario Limited

The Manager of Planning Services provided a brief description of the application and stated that Staff is in support of the application and recommends approval. In response to a question from Mayor Easton, the CAO stated that a review of traffic flow in the Lincoln Square area is important and a traffic consultant should be obtained. After considering Report PL 17-01, the Committee adopted the following recommendations:

Motion No. EDP 2017-01 Moved by Councillor Rintjema, Seconded by Councillor Timmers

For the reasons outlined in PL 17-01 it is hereby recommended: 1. That the Draft Plan of Common Elements Condominium Application

PLCCE20160169 in the name of 1419406 Ontario Inc., 1419405 Ontario Inc. and 2252620 Ontario Limited provided in Appendix B be received for information and that a recommendation report be subsequently prepared upon receipt of all agency comments.

2. That the Draft Plan of Standard Condominium Application PLCOD20160175 in the

name of 1419406 Ontario Inc., 1419405 Ontario Inc. and 2252620 Ontario Limited BE APPROVED in accordance with the plan provided as Appendix C and the conditions provided in Appendix D and in accordance with the provisions of the Planning Act and the Condominium Act and regulations thereunder.

3. That all parties be advised of Council’s decision on the Draft Plan of Standard

Condominium application in accordance with Provincial Regulations. 4. The Director of Planning and Development or the Town Clerk be authorized to

endorse the Draft Plan of Standard Condominium as ‘approved’ twenty days after notice of Council’s decision has been given, provided that no appeals against the decision have been lodged.

5. That the applicant be advised that draft approval of the Draft Plan of Standard

Condominium will lapse three years from the date of draft approval unless Town Council grants an extension of the approval period. If an extension is requested, an updated review and revisions to the conditions of draft approval may be necessary at that time.

CARRIED

Motion No. EDP 2017-02 Moved by Mayor Easton, Seconded by Councillor Pachereva

Committee direct Staff to complete an assessment of traffic flows, associated issues and recommendation as they relate to all of Lincoln Square including the Fleming Centre.

CARRIED (B) PL 17-02, CN: 3-5-02-03, Application: PLZACO20160164, Zoning By-law

Amendment Application by Roger Whitfield

The Director gave a brief description of the application and stated the purpose was to implement a Committee of Adjustment approval.

Page 11 of 24


After considering Report PL 17-02, the Committee adopted the following recommendation:

Motion No. EDP 2017-03 Moved by Mayor Easton, Seconded by Councillor Pachereva

For the reasons outlined in PL 17-02 it is hereby recommended that Zoning By-law Amendment Application PLZACO20160164 in the name of Roger Whitfield BE APPROVED.

CARRIED

(C) PL 17-03, CN: 3-5-02-02, Application: PLOPA20150101, CN: 3-5-02-03, Application: PLZBA20150102, CN: 3-5-02-05, Application: PLSUB20150098, Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision Applications (Vista Ridge) by 2410002 Ontario Inc.

The Director provided a brief description of the application and reviewed the conditions. In response to a question from Chair Foster, the Director stated that the parking recommendation is more than meeting the guidelines. In response to a question from Councillor Pachereva, the Director stated that a speed study on Mountain Street is required as part of the Region’s conditions. In response to a question from Councillor Rintjema, the Director stated that the units are proposed to be 6 feet apart. In response to a question from Councillor Rintjema regarding whether the Active Transportation Committee will comment on new developments, Councillor Pachereva stated that the Committee is in the initial stages and are currently developing a work plan. In response to a question from Councillor Rintjema regarding the process for block townhouses, the Director stated that blocks are subject to Site Plan approval, which is a separate process. In response to a question from Councillor Rintjema, the Director stated that the schools are provided with notice and an opportunity to comment. The Director stated that Planning does not anticipate capacity issues at any of the schools. In response to a question from Chair Foster, the Director stated that the next step will require detailed engineering drawings from the applicant then the Subdivision agreement will go to Committee. After considering Report PL 17-03, the Committee adopted the following recommendations:

Motion No. EDP 2017-04 Moved by Councillor Timmers, Seconded by Councillor Rintjema

For the reasons outlined in PL 17-03 it is hereby recommended: 1. That the Official Plan Amendment Application PLOPA20150101 in the name of

2410002 Ontario Inc., BE APPROVED and be presented to Council for approval upon receipt of a revised Draft Plan as outlined in Appendix D;

2. That the Zoning By-law Amendment Application PLZBA20150102 in the name of

2410002 Ontario Inc., BE APPROVED and be presented to Council for approval upon receipt of a revised Draft Plan as outlined in Appendix D;

3. That a (H) Holding Provision be affixed to the Zoning of the lands and that the (H)

Holding Provision not be removed in all or part, until the following conditions have been met:

(a) The applicant has entered into a Subdivision Agreement and the Agreement

has been registered on title;

Page 12 of 24


(b) The applicant has entered into a Site Plan Agreement and the Agreement has been registered on title;

(c) The applicant has submitted the letter of credits and cash payments required

by the respective agreements; and

(d) The applicant has completed the primary services within the respective phase of the Subdivision.

4. That the Draft Plan of Subdivision Application PLSUB20150098, in the name of

2410002 Ontario Inc., BE APPROVED in accordance with the plan outlined in Appendix D and in accordance with the provisions of the Planning Act and regulations thereunder, subject to the conditions outlined in Appendix G.

5. That all parties be advised of Council’s decision on the Draft Plan of Subdivision application in accordance with Provincial Regulations.

6. That the Director of Planning and Development or the Town Clerk be authorized to endorse the modified Draft Plan as ‘approved’ twenty days after notice of Council’s decision has been given, provided that no appeals against the decision have been lodged.

7. That the applicant be advised that draft approval of the plan will lapse three years from the date of draft approval unless Town Council grants an extension of the approval period. If an extension is requested, an updated review and revisions to the conditions of draft approval may be necessary at that time.

CARRIED

COUNCILLOR ENQUIRIES

None.

ANNOUNCEMENTS None.

CLOSED SESSION None.

ADJOURNMENT There being no further business to discuss, Chair Foster adjourned the Planning Committee Meeting at 8:44 p.m. _______________________________ _______________________________ SECRETARY CHAIR

Page 13 of 24


BY-LAW NO. 2017-01

A BY-LAW TO PROVIDE FOR BORROWING FOR

CURRENT EXPENDITURES NOT TO EXCEED $21,700,000

WHEREAS Section 407(1) of the Municipal Act, 2001, S.O. 2001, C. 25, as amended, provides that, at any time during a fiscal year, a municipality may authorize temporary borrowing, until the taxes are collected and other revenues are received, of the amount Council considers necessary to meet the current expenditures of the municipality for the year, including the amounts required for sinking funds, principal and interest falling due on any debt of the municipality, school purposes, other purposes the municipality is required by law to provide for and principal and interest payable on debt guaranteed by the municipality; AND WHEREAS Section 407(2) of the Municipal Act, 2001 provides that the amount that may be borrowed at any one time for the purposes mentioned in subsection (1), together with a total of any similar borrowings that have not been repaid, shall not, except with the approval of the Ontario Municipal Board, exceed from January 1st to September 30th of the year, 50% of the total estimated revenues of the municipality as set out in the budget adopted for the year and from October 1st to December 31st, 25% of the total estimated revenues of the municipality as set out in the budget adopted for the year; AND WHEREAS Section 407(3) of the Municipal Act, 2001 provides that until the budget is adopted in a year, the limits upon borrowing under subsection (2) shall temporarily be calculated using the estimated revenues of the municipality set out in the budget adopted for the previous year; AND WHEREAS the Council of the Corporation of the Town of Lincoln adopted a 2017 Budget establishing required revenues necessary to meet the current expenditures of the municipality for the year, including the amounts required for sinking funds, principal and interest falling due on any debt of the municipality, school purposes, other purposes the municipality is required by law to provide for and principal and interest payable on debt guaranteed by the municipality to be $43,403,067; AND WHEREAS the Council of the Corporation of the Town of Lincoln deems it necessary to provide for the ability to borrow a sum or sums not exceeding in the aggregate amount of $21,700,000, to meet, until the taxes are collected, current expenditures of the municipality for the year. AND WHEREAS the total of amounts heretofore borrowed for the purposes mentioned in subsection (1) of Section 407 of the Municipal Act, 2001, which have not been repaid is nil. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF LINCOLN ENACTS AS FOLLOWS: 1. The Mayor and the Treasurer are hereby authorized on behalf of the municipality to borrow from time to time by way of promissory note from the Meridian Credit Union Limited, a sum or sums not exceeding in the aggregate of $20,970,000, to meet until the taxes are collected, current expenditures of the municipality for the year, including the amounts required for the purposes mentioned in subsection (1) of Section 407 of the Municipal Act, 2001, and to give on behalf of the municipality to the Meridian Credit Union Limited, a promissory note or notes sealed with the Corporate Seal and signed by the Mayor and Treasurer for the monies so borrowed with interest at such rate as may be agreed upon from time to time with the Meridian Credit Union Limited.

Page 14 of 24

2

2. All sums borrowed pursuant to the authority of this By-law, as well as all other sums borrowed in this year and in previous years from the said Section 407 shall, with interest thereon, be a charge upon the whole of the revenues of the municipality for the current year and for all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest therein, all of the monies hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. BY-LAW read a FIRST time this 16th day of January, 2017. BY-LAW read a SECOND time this 16th day of January, 2017. BY-LAW read a THIRD time and FINALLY PASSED this 16th day of January, 2017. __________________________ MAYOR: SANDRA EASTON __________________________ CLERK: WILLIAM J. KOLASA

Page 15 of 24


BY-LAW NO. 2017-02

A BY-LAW TO PROVIDE FOR INTERIM TAX

LEVIES FOR THE YEAR 2017 WHEREAS Section 317 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the council of a local municipality, before the adoption of 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 the Corporation of the Town of Lincoln deems it appropriate to provide for such interim levy on the assessment of property in this municipality. NOWTHEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF LINCOLN ENACTS AS FOLLOWS: 1. The amounts to be levied shall be as follows:

(a) the percentage prescribed by the Minister of Finance; or (b) 50%, if no percentage is prescribed,

of the total taxes for municipal and school purposes levied on the property in the year 2016. 2. The amounts under Paragraph 1 shall be levied on the assessment as follows:

(a) Where this by-law is passed before the return of the assessment roll for 2017,

(i) according to the collector’s roll, as most recently revised for the

year 2016; or (ii) according to a preliminary assessment roll provided by the

Municipal Property Assessment Corporation for the purpose of an interim levy by-law.

(b) Where this by-law is passed after the return of the assessment roll for

2017, according to the assessment roll, as returned by the Municipal Property Assessment Corporation.

3. An interim levy shall be imposed and collected in the event that assessment is added to the collector’s roll after the date this by-law is passed that was not on the assessment roll upon which the amounts are levied. 4. All taxes levied under this by-law shall be payable into the hands of the Treasurer in accordance with the provisions of this by-law. 5. There shall be imposed on all taxes a penalty for non-payment or late payment of taxes in default of the installment dates set out below. The penalty shall be one and one-quarter percent (1¼%) of the amount in default in the first day of default and on the first day of each calendar month during which the default continues. 6. The interim tax levy imposed by this by-law shall be paid in two installments due on the following dates:

(a) 50% of the interim tax levy shall become due and payable on the 28th day of February, 2017, and

(b) the balance of the interim tax levy, rounded upwards to the next full

dollar, shall become due and payable on the 28th day of April, 2017.

Page 16 of 24

- 2 - 7. 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. 8. The Treasurer may mail or cause to be mailed to the address of the residence or place of business of each person taxed under this by-law, a notice specifying the amount of taxes payable. 9. The notice to be mailed under this by-law shall contain the particular provided for in this by-law and the information required to be entered in the collector’s roll under Section 340 of the Municipal Act, 2001. 10. Interim taxes may be paid, at least five days before the due dates, at any financial institution in the Town of Lincoln. 11. The subsequent levy for the year 2017 to be made under the Municipal Act, 2001, shall be reduced by the amount to be raised by the levy imposed by this by-law. 12. The provisions of Section 317 of the Municipal Act, 2001, as amended apply to this by-law with necessary modifications. 13. The Treasurer shall be authorized to accept part payment from time to time on account of any taxes due, and to give a receipt of such payment, provided that acceptance of any such part payment shall not affect the collection of any percentage charge imposed and collectable under Paragraph 7 of this by-law in respect of non-payment or late payment of any taxes or any installment of taxes. 14. Nothing in this by-law shall prevent the Treasurer from proceeding at any time with the collection of any tax, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes. 15. In the event of any conflict between the provisions of this by-law and any other by-law, the provisions of this by-law shall prevail. 16. This By-law shall come into force and take effect on the day of the final passing thereof. BY-LAW read a FIRST time this 16th day of January, 2017. BY-LAW read a SECOND time this 16th day of January, 2017. BY-LAW read a THIRD time and FINALLY PASSED this 16th day of January, 2017. __________________________ MAYOR: SANDRA EASTON __________________________ CLERK: WILLIAM J. KOLASA

Page 17 of 24


BY-LAW NO. 2017-03-Z485

A BY-LAW TO AMEND ZONING BY-LAW NO. 93-14-Z1, AS AMENDED, OF THE TOWN OF LINCOLN (TINTERN CHURCH OF CHRIST)

WHEREAS THE TOWN OF 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 TOWN OF LINCOLN HEREBY ENACTS AS FOLLOWS:

1. THAT Schedule 'A' to Zoning By-law No. 93-14-Z1, as amended, of the Town of Lincoln, is hereby amended by changing the zoning on the lands shown as the subject lands on Schedules 'A' and 'B', attached hereto and forming part of this By-law from an Institutional (I-4) Zone and an Agricultural (A) Zone to an Agricultural (A-62) Zone.

2. THAT Subsection 8.4, Special Provisions is hereby amended by adding the following subsection:

“8.4.32 A-62 (LOT FRONTAGE) Roll # 040-017-39300

Notwithstanding the provisions of the Agricultural Zone, the lands indicated as A-62 on Schedule ‘A’ shall be subject to the following provision:

(a) Minimum Lot Frontage - 35 metres.”

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

thereof.

READ A FIRST TIME THIS 16TH DAY OF JANUARY, 2017.

READ A SECOND TIME THIS 16TH DAY OF JANUARY, 2017.

READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JANUARY, 2017.

MAYOR: SANDRA EASTON

CLERK: WILLIAM J. KOLASA

Page 18 of 24

Page 19 of 24

Page 20 of 24

EXPLANATION OF PURPOSE AND EFFECT OF BY-LAW NO. 2017-03-Z485 This By-law involves a parcel of land located on the north side of Springcreek Road to the east Spiece Road. The lands are composed of part of Lot 10, Concession 9, in the former Township of Clinton. This By-law is required to fulfill a condition of consent under PLCON20160105 to rezone the recently severed portion of lands to match the balance of the parcel of land that it is being merged with. The By-law rezones the subject lands from an Institutional (I-4) Zone and an Agricultural (A) Zone to an Agricultural (A-62) Zone for continued residential and accessory uses and to permit a minimum lot frontage of 35 metres. CN: 3-5-02-03 Application: PLZACO20160105 Applicant: Roger Whitfield Report # PL 17-02

Page 21 of 24


BY-LAW NO. 2017-04

A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF LINCOLN AND CUESTA ESTATES & WINERY INC., TOGETHER WITH ANY AND ALL MORTGAGEES THAT MAY BE ON TITLE AT THE POINT OF REGISTRATION OF THE AGREEMENT

WHEREAS Cuesta Estates & Winery Inc. has applied to the Town of Lincoln for approval for a micro-brewery on lands situated in part of Lot 6, Concession 4, in the former Township of Clinton, now in the Town of Lincoln; AND WHEREAS the lands are subject to site plan control pursuant to the provisions of the Planning Act, R.S.O. 1990, by Town of Lincoln By-law No. 2010-51, as amended; AND WHEREAS the Council of the Town of Lincoln deems it necessary and expedient to enter into a site plan agreement with Cuesta Estates & Winery Inc.; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF LINCOLN ENACTS AS FOLLOWS: 1. That the Mayor and Clerk be, and they are hereby authorized and directed to prepare and execute a site plan agreement with Cuesta Estates & Winery Inc., and the Town Solicitor is directed to register the said agreement in the Registry Office for the Registry Division of Niagara North (No. 30). BY-LAW read a FIRST time this 16th day of January, 2017. BY-LAW read a SECOND time this 16th day of January, 2017. BY-LAW read a THIRD time and FINALLY PASSED this 16th day of January, 2017. __________________________________ MAYOR: SANDRA EASTON __________________________________ CLERK: WILLIAM J. KOLASA

Page 22 of 24


BY-LAW NO. 2017-05

A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF LINCOLN AND ST. JOHN’S PUBLIC CEMETERY TO PROVIDE FOR THE SALE OF TOWN-OWNED INTERMENT RIGHTS IN ST. JOHN’S PUBLIC CEMETERY

WHEREAS the Municipal Act, 2001, as amended, provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; AND WHEREAS the Council of the Town of Lincoln for the reasons outlined in Report CS 15-24, deems it necessary and expedient to enter into an agreement with St. John’s Public Cemetery to provide for the sale of Town-owned interment rights at said cemetery; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF LINCOLN ENACTS AS FOLLOWS: 1. That the Mayor and Clerk be, and they are hereby authorized and directed to prepare and execute an agreement with St. John’s Public Cemetery to provide for the sale of Town-owned interment rights at the cemetery, and the Clerk is hereby directed to affix the Corporate Seal thereto. BY-LAW read a FIRST time this 16th day of January, 2017. BY-LAW read a SECOND time this 16th day of January, 2017. BY-LAW read a THIRD time AND FINALLY PASSED this 16th day of January, 2017.

__________________________ MAYOR: SANDRA EASTON

__________________________ CLERK: WILLIAM J. KOLASA

Page 23 of 24


BY-LAW NO. 2017-06

A BY-LAW TO ADOPT, CONFIRM AND RATIFY MATTERS DEALT WITH BY COUNCIL RESOLUTION

WHEREAS: 1. Section 5.(1) of the Municipal Act, S.O. 2001, c.25, as amended, provides that the powers of a municipality shall be exercised by its Council. 2. Section 11.(2) of the said Act provides that a lower tier municipality may pass by-laws respecting matters within the spheres of jurisdiction as set out in the said Act. 3. Section 8 of the said Municipal Act provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act. 4. Section 5.(3) of the said Act provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise. 5. 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 TOWN OF LINCOLN ENACTS AS FOLLOWS: 1. That the minutes of the Regular Meeting of the Municipal Council of the Corporation of the Town of Lincoln, held December 19, 2016, be and the same are hereby adopted, ratified and confirmed. 2. That the actions of the Council at its meeting of January 16, 2017, in respect of which recommendations contained in the reports of the committees considered at each meeting and in respect of each motion, resolution and other action taken by the Council at its meeting are, except where the prior approval of the Ontario Municipal Board or other authority is required by law, hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-law. 3. 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 and thereby or required for the exercise of any powers therein by the Council. 4. That the Mayor and the proper officers of the Corporation of the Town of 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 otherwise provided, the Mayor, the Clerk and the Treasurer are hereby directed to execute all documents necessary on behalf of the Corporation of the Town of Lincoln and affix thereto the Corporate Seal of the Corporation of the Town of Lincoln. BY-LAW read a FIRST time this 16th day of January, 2017. BY-LAW read a SECOND time this 16th day of January, 2017. BY-LAW read a THIRD time and FINALLY PASSED this 16th day of January, 2017. __________________________________ MAYOR: SANDRA EASTON __________________________________ CLERK: WILLIAM J. KOLASA

Page 24 of 24

Documents

THE CORPORATION OF THE TOWN OF LINCOLN COUNCIL A G E … · 2018-07-20 · the corporation of the town of lincoln council a g e n d a january 16, 2017 7:00 p.m. council chambers page