the corporation of the town of lincoln ......that council resume in open session. carried...

THE CORPORATION OF THE TOWN OF LINCOLN

COUNCIL

A G E N D A November 16, 2015

7:00 pm Page

1. CALL TO ORDER

2. ROLL CALL

3. DECLARATIONS OF INTEREST

4. ADOPTION OF PREVIOUS COUNCIL MINUTES

(a) Minutes of Council's Regular Meeting of November 2.(b) Minutes of Council's Emergency Meeting of November 11.5. BUSINESS ARISING FROM THE MINUTES

6. MAYOR'S REPORT

7. REGIONAL COUNCILLOR'S REPORT

8. COUNCILLOR REPORTS

9. PUBLIC HEARINGS

(a) Report CS 15-34, Review of Muzzle Order - Smith.(b) Donnette Dillon, re: Muzzle Order.(c) Jacqui Anderson, re: Muzzle Order.(d) Bethany Jones, re: Muzzle Order.(e) Mina El Meniawy, re: Muzzle Order.(f) Jenna Smith, re: Muzzle Order.10. DELEGATIONS

11. CORRESPONDENCE

(a) Ministry of Agriculture, Food and Rural Affairs, re: Ontario CommunityInfrastructure Fund Application.

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REPORTS

(a) Sport, Recreation and Culture Committee, minutes of November 4.(b) Economic Development and Planning Committee, minutes of November 9.(c) Council Business Planning (Committee of the Whole), minutes of November

11.(d) PW 15-65, King Street Roundabout Construction Project - cost sharing.13. CONFIRMATION OF COMPLIANCE WITH S.34 OF THE PLANNING ACT

14. BY-LAWS

(a) No. 2015-71, To authorize the execution of a Cost Recovery Agreement forLincoln Square with 1419405 Ontario Inc., 1419406 Ontario Inc., and2252620 Ontario Limited.

(b) No. 2015-72, To authorize the acceptance of a Transfer of lands from J-LineProperties Inc.

(c) No. 2015-73, To provide for the Appointed Office of the Chief AdministrativeOfficer and the duties and responsibilities associated therewith.

15. NOTICE OF MOTION

16. ANNOUNCEMENTS

17. CLOSED SESSION

(a) Personal matters about an identifiable individual, including municipal or localboard employees (a matter pertaining to an award nomination).

18. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL

(a) No. 2015-74, To adopt, confirm and ratify matters dealt with by Councilresolution.

19. ADJOURNMENT

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Lincoln Chambers November 2, 2015

The Council of the Town of Lincoln met in regular session on November 2, 2015, at 7:00 p.m. in the Lincoln Chambers. Members Present: S. Easton Mayor R. Foster Councillor W. MacMillan Councillor J. D. Pachereva Councillor D. Rintjema Councillor D. Thompson Councillor L. Timmers Councillor Regrets: T. Brunet Councillor P. MacPherson Councillor Also Present: B. Hodgson Regional Councillor Staff Present: J. Nicol Interim Chief Administrative Officer B. Blake Deputy Fire Chief G. Hudson Fire Chief R. Spadoni Director of Finance W. Kolasa Director of Corporate Services/Clerk Mayor Easton called the meeting to order at 7:05 p.m. Councillor Pachereva reiterated an interest declared and detailed in the minutes of the October 26, 2015, meeting of the Finance and Administration Committee. Councillor Thompson reiterated an interest declared and detailed in the minutes of the October 20, 2015, meeting of Council. Councillor Timmers reiterated an interest declared and detailed in the minutes of the October 26, 2015, meeting of the Finance and Administration Committee. There were no other declarations of interest.

ADOPTION OF PREVIOUS COUNCIL MINUTES SPECIAL COUNCIL, MINUTES OF OCTOBER 20 Motion No. RC-2015-257 Moved by Councillor L. Timmers, Seconded by Councillor R. Foster THAT the minutes of the October 20, 2015, Special Meeting of Council, including the confidential addendum thereto, be adopted as circulated.

CARRIED REGULAR COUNCIL, MINUTES OF OCTOBER 20, 2015 Motion No. RC-2015-258 Moved by Councillor D. Thompson, Seconded by Councillor R. Foster THAT the minutes of the October 20, 2015, Regular Meeting of Council, be adopted as circulated.

CARRIED SPECIAL COUNCIL, MINUTES OF OCTOBER 26 Motion No. RC-2015-259 Moved by Councillor L. Timmers, Seconded by Councillor D. Thompson THAT the minutes of the October 26, 2015, Special Meeting of Council, including the confidential addendum thereto, be adopted as circulated.

CARRIED

BUSINESS ARISING FROM THE MINUTES None.

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Regular Council November 2, 2015

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MAYOR’S REPORT Mayor Easton advised of a number of items of municipal business including a recent announcement by the Niagara Community Foundation of the establishment of a Lincoln Community Fund, the receipt of a cheque from the Wise Guys Charity Fund in the amount of $20,000 towards the Fleming Centre project and a Greater Niagara Chamber of Commerce Niagara Economic Summit held on October 30, 2015.

REGIONAL COUNCILLOR’S REPORT Regional Councillor Bill Hodgson was in attendance to advise Council of a number of regional items of business affecting the municipality including the status of the Region’s 2016 Budget Process, ongoing efforts to bring GO Transit to the Region, work being undertaken to develop a Regional Transportation Master Plan and implications of efforts underway to have a number of local airports uploaded to the Region of Niagara. Regional Councillor Hodgson also advised of a number of planning policies affecting the Region including the Region’s growth strategy, the Greenbelt Act and its ongoing review, and agricultural policies and initiatives having implications for the Region.

COUNCILLOR REPORTS Members advised of a number of items of municipal business including a Lincoln Chamber of Commerce meeting, upgrades undertaken at the Ontario Street, Beamsville, CN rail crossing, a meeting of the Region of Niagara’s Culture Committee, and a recent Ontario Small Urban Municipalities (OSUM) Caucus meeting. Members also received information that the OSUM Board has been invited to hold their February, 2016, meeting in the Town of Lincoln.

DELEGATIONS NIAGARA REGIONAL HOUSING (NRH), RE: AFFORDABLE HOUSING IN NIAGARA Representatives from Niagara Regional Housing addressed Members of Council to provide information about the organization, the various programs and services they provide and the challenges facing the organization in meeting community needs.

CORRESPONDENCE None.

REPORTS FINANCE AND ADMINISTRATION COMMITTEE, MINUTES OF OCTOBER 26 Motion No. RC-2015-260 Moved by Councillor D. Rintjema, Seconded by Councillor W. MacMillan THAT the minutes of the Finance and Administration Committee meeting of October 26, 2015, 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) MEETING, MINUTES OF OCTOBER 28 Motion No. RC-2015-261 Moved by Councillor W. MacMillan, Seconded by Councillor D. Rintjema THAT the minutes of the Council Business Planning (Committee of the Whole) meeting of October 28, 2015, including the confidential addendum thereto, be adopted and the recommendations contained therein be approved and acted upon.

CARRIED

CONFIRMATION OF COMPLIANCE None.

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BY-LAWS None.

NOTICE OF MOTION None.

ANNOUNCEMENTS Members noted that the Town was holding a Jordan Historical Museum Master Site Plan Update and Site Redevelopment Public Information Centre on November 3, 2015, at the Jordan Fire Hall. Members also noted a number of upcoming Lincoln Chamber of Commerce events and Remembrance Day Services to be held on November 8, 2015, in Beamsville and on November 11, 2015, in Jordan.

CLOSED SESSION At this point in the meeting, the following motions were introduced. Motion No. RC-2015-262 Moved by Councillor W. MacMillan, Seconded by Councillor D. Rintjema THAT Council adjourn to closed session in order to address personal matters about an identifiable individual, including municipal or local board employees (a matter pertaining to a C.A.O. recruitment; and a matter pertaining to a committee vacancy).

CARRIED Motion No. RC-2015-263 Moved by Councillor R. Foster, Seconded by Councillor D. Thompson THAT Council resume in open session.

CARRIED Consideration of the subject matter in closed session concluded with the introduction of the following motions in open session. Motion No. RC-2015-264 Moved by Councillor R. Foster, Seconded by Councillor J. D. Pachereva Re: Niagara Peninsula Energy Inc., Board of Directors THAT Dave Thompson be recommended as the Town of Lincoln’s Director of Niagara Peninsula Energy Inc.

CARRIED A recorded vote was requested on the following motion. Motion No. RC-2015-265 Moved by Councillor J. D. Pachereva, Seconded by Councillor R. Foster THAT Mr. Michael Kirkopoulos be appointed as Chief Administrative Officer for the Town of Lincoln effective December 14, 2015; AND THAT an appropriate By-law be presented to Council for ratification.

CARRIED AYES: Councillors: Foster, MacMillan, Pachereva, Rintjema, Thompson, Timmers.

Mayor Easton. NAYES: None. ABSENT: Councillors: Brunet, MacPherson.

BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL Motion No. RC-2015-266 Moved by Councillor D. Thompson, Seconded by Councillor R. Foster

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THAT leave be given to introduce the following by-law: No. 2015-70, To adopt, confirm and ratify matters dealt with by Council resolution.

CARRIED Motion No. RC-2015-267 Moved by Councillor L. Timmers, Seconded by Councillor D. Thompson THAT By-law No. 2015-70, 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

ADJOURNMENT There being no further business to discuss, the Mayor declared the meeting adjourned at 9:15 p.m.

_____________________________________ MAYOR: SANDRA EASTON

_____________________________________ CLERK: WILLIAM J. KOLASA

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Beamsville Room November 11, 2015

The Council of the Town of Lincoln met in emergency session on November 11, 2015, at 6:30 p.m. in the Beamsville Room. 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: J. Nicol Interim Chief Administrative Officer G. Hudson Fire Chief W. Kolasa Director of Corporate Services/Clerk Mayor Easton called the meeting to order at 6:30 p.m. There were no declarations of interest.

CLOSED SESSION At this point in the meeting, the following motions were introduced. Motion No. EC-2015-268 Moved by Councillor R. Foster, Seconded by Councillor W. MacMillan THAT Council adjourn to closed session in order to address personal matters about an identifiable individual, including municipal or local board employees and advice that is subject to solicitor-client privilege, including communications necessary for that purpose (a matter pertaining to an identifiable individual).

CARRIED Motion No. EC-2015-269 Moved by Councillor J. D. Pachereva, Seconded by Councillor T.Brunet THAT Council resume in open session.

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

ADJOURNMENT There being no further business to discuss, the Mayor declared the meeting adjourned at 6:55 p.m.

_____________________________________ MAYOR: SANDRA EASTON


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Report cs 15-34File No. 1-2-o3-02

1970 THE CORPORATION OF THE TOWN OF LINCOLN

REPORT TO Corporate Priorities Committee

DATE OF MEETING: November 16, 2015

Review of Muzzle Order — Smith

As the owners of the Bulldog type dog were out of the country and the dog was being kept by adog sitter, the officer of the Welland and District Society for the Prevention of Cruelty to Animalsadvised the dog sitter that the officer was prepared to deem the dog as “dangerous” inaccordance with the Town’s Animal Care and Control By-law and verbally discussed theelements of a muzzle order. The dog sitter was advised to use only a fenced yard to allow thedog out until a proper muzzle was acquired for the dog. The dog sitter was also advised ofNiagara Region Health Unit quarantine procedures that applied in the case of such reported

SUBJECT:

RECOMMENDATION

1. THAT Report CS 15-34, regarding a Review of Muzzle Order — Smith, be received fordecision.

PURPOSE

The purpose of this report is to provide background information to Members of Council to assistin consideration of an appeal of an order to muzzle a bull dog, white with brown spots, owned byJosh and Jenna Smith, 3958 Twenty Third Street, Vineland.

BACKGROUND

At approximately 1:35 pm on September 15, 2015, the Town’s animal care and control serviceprovider, the Welland and District Society for the Prevention of Cruelty to Animals, was called bya man to report an incident of a possible dog “Attack” (as defined by the Town of Linco|n’s

Animal Care and Control By-law No. 08-92).

The investigation undertaken by the Welland and District Society for the Prevention of Cruelty toAnimals reveals that an out of Town visitor, Ms. Donnette Dillon, was visiting a relative in thevicinity of 3916 Old Orchard Way, Vineland. While packing her vehicle while preparing todepart, another female came walking by on the municipal sidewalk with an American Bulldogtype dog on a short lease. Ms. Di||on’s small Yorkie type dog, which was unleashed on privateproperty, ran the short distance and approached the dog on the public sidewalk. Ms. Dillo

nfollowed her Yorkie type dog and, feeling no sign of aggression from the situation, bent down topick up her Yorkie type dog. When she stood up, the Bulldog type dog apparently jumped upand either bit or scratched Ms. Dillon. Ms. Dillon experienced a tear of her shirt and a breakingof the skin on her upper torso between her chin and shoulder. The officer was unable toconclusively determine if the wound was caused by teeth (either a bite or a grazing of the teethagainst the skin) or by paws (a scratch) [photos attached].

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Apglicabie Provisions of Town of Lincoln Animal Care and Control Bv-lawNo.

Report CS 15-34 Page 2 of 6

On October 6, 2015, upon the return of the owners of the Bulldog type dog, the officer formallyserved a muzzle order upon the owners of the Bulldog type dog [copy attached].

On October 22, 2015, in accordance with the provisions of Section 105.(1) of the Municipal Act,2001, and Town of Lincoln Animal Care and Control By-law No. 08-92, Mr. & Mrs. Smith madeapplication to the Town to exempt the owner in whole or in part from the muzzling requirements[copy attached]. At the Finance and Administration Committee Meeting of October 26, 2015,Members considered the request and the representations of Mr. & Mrs. Smith and concludedwith the introduction of the following motion:

Town of Lincoln By—|awNo. 08-92 was enacted on the 6”‘day of October, 2008 and serves toregulate animal care and control in the municipality. The by-law establishes a variety of rulesand regulations regarding the control of animals within the Town.

The Town’s Animal Care and Control By-law also includes a variety of terms specifically definedby the By-law. Relevant definitions include the following.

“Attack” means physical contact, other than accidental contact, by an Animal that resultsin bleeding, bone breakage, bruising, a scratch or a sprain to a Person or an Animal ordamage to clothing worn by a Person, and the words “Attacked” or “Attacking“ have acorresponding meaning;

“Bite" means a wound or wounds to the skin that causes it to puncture or break, whichare caused by the teeth of an Animal;

Motion No. FA-2015-114Moved by Councillor J. D. Pachereva, Seconded by Mayor S. Easton

THAT the appeal by Josh and Jenna Smith regarding an order served on or aboutOctober 6, 2015, under Town of Lincoln By-law No. 08-92 to muzzle an American Bulldog bereceived,’

AND THAT staff be directed to prepare a report regarding the appeal and thesubmission made by Josh and Jenna Smith at the hearing held on this date, October 26, 2015;

AND THAT the report be returned to the November 16, 2015, meeting of Council forconsideration and a decision in accordance with Council’s normal procedures.

CARRIED

CORPORATE PLAN

Not Applicable.

STAFF COMMENTS

Site and Situation

The incident occurred on the municipal sidewalk located appurtenant to 3916 Old Orchard Way

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Summary and Key Facts

Report CS 15-34

(d) Notify immediately if the said dog is loose, unconfined, attached, died, sold or givenaway and if sold or given away, provide the Welland and District Society for thePrevention of Cruelty to Animals with the name, address and telephone number of thenew owner.

- The Bulldog type dog was being walked on a leash on the public sidewalk by a dogsitter;

o The Yorkie type dog was unleashed on private property;0 The Yorkie type dog, while not under the control of its owner, approached the Bulldog

type dog on the public sidewalk;- The initial contact between the dogs was without incident;- The owner of the Yorkie type dog arrived, bent down to pick up that dog at which time

the Bulldog type dog subsequently jumped up and either bit or scratched the owner ofthe Yorkie type dog;

o The owner of the Yorkie type dog experienced a torn shirt and broken skin from theincident.

Based on the foregoing, the officer determined that there were sufficient grounds pursuant tothe Town’s Animal Care and Control By—|awNo. 08-92 to issue a dangerous dog notice/order

Page 5 of 6

Staff would note that the notices/order issued by the Welland and District Society for thePrevention of Cruelty to Animals is not as fully restrictive as may be provided for through theTown's Animal Care and Control By-law. More specifically, the Animal Care and Control By-lawprovides that dogs may be required to be muzzled, tethered E1 contained within anappropriately fenced area while on the owners property (when not within the owners dwellingunit). The notices/orders issued by the Welland and District Society for the Prevention ofCruelty to Animals do not require the muzzling or tethering of the dogs when inside of anappropriately fenced area on the Owner’s property.

Applicable Sections of Provincial Legislation

Section 105.(1) of the Municipal Act provides that if a municipality requires the muzzling of adog under any circumstances, the Council of the municipality shall, upon the request of theowner of the dog(s), hold a hearing to determine whether or not to exempt the owner in whole orin part from the requirement to muzzle the dog(s). Further, Section 105.(2) provides that anexemption may be granted subject to such conditions as Council considers appropriate.

Council has identified and provided, in By-law No. 08-92, circumstances that require themuzzling of dogs in the municipality. Accordingly, pursuant to the Municipal Act, Council isrequired to hold the requisite hearing and determine whether or not to provide any exemption tothe owner from the requirement to muzzle the dog(s).

The Town’s Animal Care and Control By-law provides that where an officer becomes aware,either through his own investigation or as a result of information received by him from anysource, that a dog has bitten or attacked a person or animal, without provocation, the officermay, by written notice served upon the owner, require the owner to comply with the dangerousdog control sections of the By-law.

The officers’ investigation, which formed the basis of decision to issue the Notices to Muzzle,suggests the following chain of events:

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Report CS 15-34 Page 6 of 6

against Bulldog type dog owned by Mr. & Mrs. Smith and to require the dog to be keptcontrolled as outlined in the order.

FINANCIAL CONSIDERATIONS

None.

OPTIONS

1. Exempt the owner, in whole or in part, from the Notice/Order of the Welland and DistrictSociety for the Prevention of Cruelty to Animals, subject to such conditions as Councilconsidered appropriate.

2. Do not exempt the owner from the Notices/Orders of the Welland and District Society for thePrevention of Cruelty to Animals.

ATTACHMENTS

Welland and District Society for the Prevention of Cruelty to Animals Notice to Muzzleformally served on October 6, 2015.Original statement of the dog sitter that was walking the Bulldog type dog as obtained byWelland and District Society for the Prevention of Cruelty to Animals regarding events ofSeptember 15, 2015.Original statement of the owner of the Yorkie type dog as obtained by the Welland andDistrict Society for the Prevention of Cruelty to Animals regarding events of September15, 2015.Original statement of the owner of 3916 Old Orchard Way in Vineland regarding theevents of September 15, 2015.Photos of torn shirt and broken skin.Appeal of Muzzle Order dated October 22, 2015, from Josh and Jenna Smith andsupplementary statement from Dogs Reformed Rehab Centre provided by Josh andJenna Smith on October 26, 2015, in support of their appeal.Delegation request submissions of Donnette Dillon (and Jacqui Anderson), JoshJenna Smith (and Bethany Jones and Mina El Meniawy).

Report Prepared On: November 12, 2015

Respectfully submitted by: Reviewed by:

William J. Kolasa, B.A.(Hons), M.P.A., A.M.C.T Nicol,Director of Corporate Services/Clerk m Officer

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WELLAND& DISTRICTSOCIETYFOR THE PREVENTIONOF CRUELTYTO ANIMALS(WELLAND & DISTRICT HUMANE SOCIETY)

60 PROVINCIALSTREET DateWELLAND,ON L3B 5W7905-735-1552 OR 1-888-222-0568

NOIICE IO MLJZZLE

This is to informyou that on dog has attacked/bitten or caused injury to(a) a person, (b) a domestic anim or has a , tendency or disposition to attack.

Description of dog:

Dog is to be leashed and muzzled at all times when on any public street or public place that is not owned or by the

owner. The chain or leash shall not to exceed 1 meter in length and the muzzle willnot cause injury to the dog or interferewith its vision or respiration. (ALL).

At all times while the dog is on the premises owned or controlled by such person, the dog is to be kept securely con?ned either

indoors or in an enclosed pen or other structure of minimum size of 5 feet by 10 feet (2 meters X 4 meters embedded 1 footinto ground if no ?oor — in Haldimand) capable of preventing the entry of childrenand other animals and adequatelyconstructed to prevent the dog from escaping. (ALL)

conspicuously display a sign on the property where the dog is kept that states there is a dangerous dog on the property.

(ALL)

(D) D Con?ne said dog so to allow lawful entry onto the premises of the dog owner without the fear of attack by said dog. (W, P,

WF,WL, PC)

(E) D For the purpose of identifying such dog as dangerous, you must at your own expense have implanted in such dog a microchip

and provide such microchip informationto the Welland and District SPCA. (W, PC, H, WL)

(F) D Allow an Animal Control Of?cer or Police Officer to inspect such pen or other structure or to make whatever inquiry is deemed

. necessary to ensure compliance with this notice. (W, P, WF, PC, H)

(G) M Notify immediately ifsaid dog is loose, unconfined, attacked, died, sold or given away and ifsold or given away provide the

Welland and District SPCA with name, address and telephone number of the new owner.(W, P, WF, PC WL)

(H) D Obtain and maintain a policy of public liability insurance by an insurer licensed by the Province of Ontario providing third party

liabilitycoverage in an amount of not less Dollars for any damage or injury caused by suchdog. Policy shall contain a provision requiring nd Welland and District SPCA to be named as anadditional insured for the sole purpose of being noti?ed of the policy being cancelled, terminated or expiring. Provide theWelland and District SPCA with a copy of the policy and all renewals and cancellations. (W, PC, H, WL)

(l) D Spay / Neuter dog at owners expense (W, PC, H, WL)

(J) D Procure dangerous dog licence (PC, H)

Failure to comply with the above notice will result in fines or a summons to Court with a maximum ?ne of $5000 and or a hearing underthe Dog Owners LiabilityAct where a judge may place more restrictions on the dog or order it destroyed.

Items to be complied with by (time) (date)

Items to be complied with by (time) (date)

For complete wording on dangerous dogs obtain a copy of your local canine control by-law from your City Hall

(Animal Control Officer)

Address: Date served:

Phone:

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Tuesday, September 15, 2015

My name is Donnette Dillon.I live at 126 Zephyr Road, Zephyr, Ontario, LOE1T0. My contact number is

905-868-0936.

My husband and I have been staying since Saturday with my sister, Jacqui Anderson, at 3916 Old

Orchard Way, Vineland, Ontario. Sometime during the late morning we were all in the front yard as we

were packing up our vehicle to return home. I have a very small dog, Bella,who is a cross between a

shih tzu and,a toy poodle. The door of our vehiclewas open and she was going backand forth betweenthe vehicle and the yard as we were busy packing up. She was not on a leash as she is a very docile dogand stays very close to us.

I saw that a young lady was walking down the street walking a dog that Iwould describe as a bull dog. I

don't know dog types to know for sure it was a bull dog, but it had a large head and was a light brownand white colouring. I will refer to it as the 'bull dog’ for ease of reference. The dog was on a leash, I'destimate about 3 feet long — it was not an extendible leash. I do not remember noticing what type ofcollar the bull dog was wearing, however my husband, Jim Dillon,says that it was a leather collar. WhenBellasaw the other dog she walked out to the sidewalk to sniff noses. There was absolutely no sign ofaggression on the part of either dog. The young lady was about to walk on, so Idecided to pick Bellaup

to ensure she didn't try to follow the other dog at all. I bent over, got my arm under Bella to pick her up,

and with no growl or any other warning whatsoever, the bull dog lunged and viciously attacked me. Iquickly stood up and jumped backed. As I was standing up, Bellaalso bared her teeth, growled andsnapped at the bull dog that was attacking. The young lady did continue to hold onto the dog's leash soit was not able to follow me backwards. It had ripped a hole in my shirt between my breast and my right

collar bone and bit me. I've been around large dogs all my life and I was shocked that the dog attackedwithout any provocation and with no warning signs at all. My sister wi-tnessed what happened.

The skin was broken and torn — about 3 cm long. It is bruised, sore and I willdefinitely have a scar,however the bite was not deep enough to require stitches. I am concerned about rabies and definitely

want the health department to verify whether the bull dog has had an up—to—daterabies vaccination.

My husband, Jim Dillon,did not witness the attack, but he immediately turned and shouted at the young

lady to get the dog away. She did not react in any way to get the dog away; instead she started tell Jimthat there was no need to shout. He had to strongly tell her at least 3 time to get the dog away beforeshe finally walked down the street with the dog.

Subsequently we learned the following by walking down the street to the house where the young ladylives and talking to her mother. The young lady walking the bull dog lives at 3908 Old Orchard Way and

her name is Bethany. I would estimate her age to be late teens or early twenties. The bull dog does not

belong to Bethany or her family. It lives at 3958 Twenty-Third Street Vineland, however the owners areout of the country and Bethany has been caring for / walking the dog for the owners during theirabsence. I was also given the contact information for the sister of the owner of the bull dog, being

Brianna at 289-968-4938.

Thiswas a very unsettling experience. What unsettles me even more is the thought that l narrowly

missed having my face mauled, and worse yet, it could have been one of my young nieces or anotherchild who was attacked, and they would not have been able to easily pull back away from the bull dog. I

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October 22, 2015To the Mayor and Members of CouncilThe Corporation of the Town the Lincoln4800 South Service RoadBeamsville, ON LOR 1B1

Dear Mayor and Member of Council,

RE: muzzle order for our family dog

My name is Jenna Smith, I was born and raised in the Town of Lincoln by my father andmother, Blake and Sharon Konkle. Together, my husband, Joshua Smith, and I, wouldlike to appeal the muzzle order and title of “dangerous dog” that has been issued by theSPCA.

Our family was in the Philippines, volunteering at a charity clinic, for 6 weeks from Aug14, 2015 — Sept.24, 2015. Our dog, Pigeon, was left in the very capable hands ofBethany Jones, a college student we’ve come to know as a friend through church.During this time, she stayed at our house and walked Pigeon twice daily. Pigeon is a75lb American Bulldog and wears a prong collar when being walked because it helpsher walk without constantly pulling.

Let me preface the account of the incident by saying that Pigeon is a gentle giant. Webought her when she was only 6 weeks old and, as such, she has grown up knowingthe love and affection of people. When she was a year old we noticed her aggressivetendencies towards other dogs (she can hold her own when face to face with anaggressive dog). We took her to “Dogs Reformed” and the professional there taught usa lot about what it means to be a good dog owner. He said that taking them out of theirpack before 10-12 weeks old isn’t a good thing to do because they don’t learn socialdog cues, etc. Since being reformed, she has become more calm with other dogs. Wehave 2 little children, and a constant stream of friends and family through the house.She’s been used as everything from a horse for our 3 year old, to a wrestling partner formy husband. l have never once, in her whole life, seen any sign of aggression towardspeople.

On September 15, 2015, Bethany was walking Pigeon at approximately 12:00pm. It wasa nice day. They were walking around the block, as they normally would. They werewalking past a semi-detached home in the neighbourhood when she saw 3 adultslooking at the middle section of the house on the front lawn. They kept walking andwere just past the house (in front of the driveway on the far side of the house) when alittle dog (breed unknown) “shot out of nowhere” off—|eash. It came to a stop on thesidewalk in front of Bethany and Pigeon, spooking both of them. Pigeon was on aretractable leash, but Bethany had full control over her by having the lock on the leashset with absolutely no slack. Bethany doesn’t know how close the dog at large was, butit was within a couple feet, enough to make her nervous about what it might do. A ladycame from behind them, said something (to which is unknown) and Bethany asked her

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if the dog at large was hers. She said it was and that she would get it. She came in frontand bent over to pick up her dog, at the same time the dogs came together. She pickedit up as Pigeon jumped. Bethany gave her a tug back to restrain her, and she listenedpromptly. There was absolutely no growling, barking, or snapping from Pigeon. Pigeononly pulled and jumped up once. The lady stumbled backwards still holding her dog andstarting yelling and saying “your dog bit me”. Before Bethany had a chance to apologizeand/or explain that it wasn’t a bite, the |ady’s husband came up from behind them andstood in front of the lady like a shield. The husband was quite upset, cursing andverbally abusing Bethany. Bethany was trying to apologize as the man said over andover to “get the f***ingdog away from them or he would slit its throat.” All 3 adults wereyelling at Bethany so she took Pigeon back to our house, and then went to her home (afew doors down from the incident). Before Bethany had a chance to get there, thehusband had been to her parents’ house (her mother answered the door) threateningPigeon again and threatening to call the SPCA and the police. He came back 5 minuteslater to say that the SPCA had been called and that because Bethany is over 16 yearsold, she was responsible. Bethany’s mother suggested they just let the SPCA handle itfrom here and to please stop harassing them. He was still being very aggressive andBethany shut the door on him. Approximately 5-10 minutes later the lady and her sister(the owner of the house) came to collect a contact name and number for any familymembers responsible for the dog. Again, they wouldn’t leave and kept arguing aboutwhat had happened, so Bethany and her mom asked them to leave and went inside.

At approximately 3:00pm that same day the SPCA came to our house. Bethany gavethe SPCA her statement, they explained what would happen next. They said PublicHealth would come to see Pigeon to make sure she was alive and that the dog wouldbe quarantined for 10 days from the incident. The SPCA left her card and said nothingfurther would happen until the 10 days were up. It wasn’t a long visit.

Public Health came the next morning, Sept.16th 2015, to ensure the dog was alive andto gather information about Pigeon’s vet. Bethany and Brianna didn’t know the answerto which vet we use. Public Health called again the day after wanting to know becausethe lady and husband kept calling wanting to know as they were "quite concerned.”

We were immediately informed about the incident in the Philippines. Upon our return,Public Health came to the house to make sure Pigeon was alive, and left again. OnTuesday, Oct.6, 2015 the SPCA came to our house to deem Pigeon a “dangerous dog”We tried to state our case at that point, but the SPCA said "you couldn’t have picked aworse couple to deal with” and that they had called every day since the incident toensure something was done about Pigeon.

The lady and her husband came to our door on Thanksgiving Sunday at 5:30pm todemand money for the torn shirt. I had visions of inviting them in, having them meetPigeon, and discussing the matter over tea. Instead she introduced herself as “thewoman your dog bit” and showed us her shirt and the receipt for $65. Having a housefull of family for Thanksgiving dinner, we said it wasn’t the best time to be discussingthis, to which he replied “how long does it take to write a cheque?"

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There is a picture from the lady. The mark is on her chest, just under her shoulder. TheSPCA said that, indeed, the mark could go either way, a scratch or a bite but that itdidn’t matter because either is considered an attack. The mark is very clearly delineatedand the scratch marks are the same size as her nails are. There are no caninemarkings, and there is no bottom jaw mark.

We feel like the muzzle order was made to appease some very disgruntled people.Unfortunately, we were not there and have no idea if any sort of “damage control" couldhave been done at the time. We do know, however, that dogs always show signs ofagitation or aggression before acting out. The lady said that the dogs were just smellingeach other nicely when Pigeon bit her. That is illogical. What seems more logical is thatPigeon was just trying to get close to the dog as it was scooped up by the owner, andthat the scratch was an unfortunate accident.

Furthermore, this unfortunate accident could have been avoided if their dog was undercontrol and on leash.

As such, I submit the following reasons pertaining to my request to have the muzzleorders revoked.

I note the Town of Lincoln by-law 08-92:

Part 1(b) “attack” means physical contact, other than accidental contact, by an animalthat results in bleeding, bone breakage, bruising, a scratch, or a sprain to a Person etc..

For reasons already addressed above, we believe the incident was an accident.

Part 1(ae) “without provocation”, when used in reference to a bite or attack on a personor animal, means in the absence of any abuse, assault, teasing, tormenting, orunwanted physical contact by the Person etc...

Our dog was on—|eash being “teased" and “tormented" by a dog at large and thereforehad provocation to jump up, accident or not.

Truth be told, small breed dogs get off easily in cases such as this. On more than oneoccasion, Pigeon has had to sit with the leash held tight while a small dog at largejumps around her. It is unfair. We’ve done a lot to be, not only responsible, but good dogowners. If we thought that Pigeon was any sort of "dangerous dog” we wouldn’t keepher. Also, we really do consider people to be more important than animals/pets. Thestory, however, just doesn’t make sense.

Thank you for your time in this matter.

Regards,

The Smith family

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Joshua, Jenna, Marcus, and Myles3958 Twenty—thirdSt.Vineland, ON LOR 2C0289-968-7848

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.P¥_)if Ontario

0C|F@gr_1tario ca

Ministry of Agriculture,Food and Rural Affairs

4"‘Floor1 Stone Road WestGuelph, Ontario N1G 4Y2Tel: 1-877-424-1300Fax: 519 826-3398

Sincerely,

Joel Locklin

Ministére de |’Agriculture, del'Alimentation etdes Affaires rurales

4° étage1 Stone Road WestGuelph (Ontario) N1G 4Y2Tel. 2 1-877-424-1300Téléc : 519 826-3398

Manager, Program Operations

Rural Programs Branch

November 5, 2015 Our File: OCIF AC2-0149

Robert Spadoni, Director of FinanceTown of Lincoln4800 South Service RoadBeamsville, OntarioLOR [email protected]

Dear Robert Spadoni

Re: Second intake of the Ontario Community Infrastructure Fund (OCIF) application-basedcomponent

Thank you for your Expression of Interest (EOI) under the second intake of the OCIF application-basedcomponent.

Unfortunately, your project proposal was not selected to move fonlvard to the application phase.Over 360 EO|s were received and all were subject to careful consideration and evaluation. The EOI didnot pass the pre—screen phase primarily because other EOls demonstrated more clearly that there was acritical health and / or safety problem and how the proposed project would address it.

The Ministry of Agriculture, Food and Rural Affairs and the Ministry of Economic Development,Employment and Infrastructure recognize the importance of helping small, rural and northerncommunities in addressing critical infrastructure needs and continue to work with their municipal partnersto ensure that predictable, flexible funding is available through the OCIF formula based grant.

Should you have any questions, please do not hesitate to call the contact centre at 1-877-424-1300 oremail

Thank you again for your interest in the second intake of the OCIF application-based component.

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The Sport, Recreation and Culture Committee of the Town of Lincoln met in regular session on November 4, 2015, at 7:00 p.m. in the Lincoln Chambers. Members Present: D. Thompson Councillor (Chair) S. Easton Mayor J. D. Pachereva Councillor W. MacMillan Councillor L. Timmers Councillor Staff Present: J. Nicol Interim CAO H. Booth Museum Director (departed at 7:58 pm) C. Judson Manager of Facilities and Parks S. Hutchison Community Services Coordinator L. Laird Community Services Coordinator Chair Thompson called the meeting to order at 7:03 p.m. There were no declarations of interest.

DELEGATIONS None.

CORRESPONDENCE Ministry of Tourism, Culture and Sport re: Community Museum Operating Grant 2015 - 2016. Motion No. SCR-2015-55 Moved by Councillor W. MacMillan, Seconded by Councillor J.D. Pachereva THAT the correspondence from the Ministry of Tourism, Culture and Sport re: “Community Museum Operating Grant 2015-16”, be received.

CARRIED

Municipal Heritage Committee Re: Processes for Designating properties under the Ontario Heritage Act. Motion No. SRC-2015-56 Moved by Councillor W. MacMillan, Seconded by Councillor J.D. Pachereva THAT the correspondence from the Municipal Heritage Committee Re: “Processes for Designating properties under the Ontario Heritage Act”, be received.

CARRIED

REPORTS

SRC 15-45 HIGH FAMILY HERITAGE BARN Motion No. SRC-2015-57 Moved by Councillor W. MacMillan, Seconded by Councillor J.D. Pachereva

THAT Report SRC 15–45 regarding the High Family Heritage Barn be received for information;

AND THAT staff be directed to confirm interest in the donation of the High Family Heritage Barn and report back to Council as to the estimated capital and operating budget costs for the Barn as well as confirmation of the role of the Jordan Historical Museum on the Twenty Volunteer Association in this project.

CARRIED

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Community Services Committee November 4, 2015

2

SRC 15-46 ANNUAL NEW YEAR’S LEVEE: 2016 Motion No. SRC-2015-58 Moved by Councillor J.D Pachereva, Seconded by Councillor W. MacMillan

THAT Report #SRC 15-46, regarding the Town of Lincoln’s 2016 Annual New Year’s Levee be received for information;

AND THAT the Council for the Town of Lincoln hereby declares the 17th annual Mayor

and Council New Year’s Levee to be municipally significant in accordance with the Alcohol and Gaming commission of Ontario’s Special Occasion Permit requirements

. CARRIED

SRC 15 – 47 CORPORATE SOCIAL MEDIA POLICY Committee members suggested that the policy be reviewed by the Town Insurer. Motion No. SRC-2015-59 Moved by Councillor J.D. Pachereva, Seconded by Councillor W. MacMillan

THAT Report #SRC 15 – 47, regarding the Corporate Social Media Policy, be received as information;

AND THAT Council approve the Corporate Social Media Policy AND THAT the policy be implemented following Council approval of the

Communication Function in the 2016 budget and, completion of appropriate staff orientation and training of the policy.

CARRIED SRC 15 – 49 FLEMING CENTRE ARENA SEAT AND LIBRARY SHELF SALES Motion No. SRC-2015-60 Moved by Councillor L. Timmers, Seconded by Councillor J.D. Pachereva

THAT Report #SRC 15-49, regarding the continued sale of Fleming Centre Arena Seats and Library Shelves, be received for information

CARRIED

MUNICIPAL HERTIAGE COMMITTEE, MINUTES OF SPETMEBER 10 AND OCTOBER 8, 2015 Members reviewed the minutes and Councillor Timmers noted a discrepancy in regards to her comments regarding the Review of Draft Heritage Property Listing in the September 10, 2015 minutes. Her comments should list the “Committee”, not “Council” expressed an interest in researching incentives for the owners of designated properties. Minutes will be referred back to the Heritage Committee. LINCOLN PUBLIC LIBRARY BOARD, MINUTES OF JUNE 16, AUGUST 25 AND SEPTEMBER 15, 2015. Motion No. SRC-2015-61 Moved by Councillor L. Timmers, Seconded by Councillor J.D. Pachereva THAT the Lincoln Public Library Board minutes of June 16, August 25 and September 15, 2015 meetings, be received

CARRIED

COUNCILLOR ENQUIRIES

Mayor Easton commented on the Public Information Meeting held regarding the Jordan Historical Museum Master Site Plan Update, and how interested community members can be included in the process. The CAO responded that there will be opportunities for the community members to assist; for example fundraising, advice, etc and once a

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Community Services Committee November 4, 2015

3

comprehensive project plan is complete. Mayor Easton also wanted to ensure that there was a process in place for naming and sponsorship at the new facility. Committee members commented on finding a way to include in-kind donations to the project.

ANNOUNCEMENTS A reminder that Remembrance Day services are being held on Sunday, November 8 at 10:30am at the Beamsville Cenotaph and Wednesday, November 11 at 10:30 am at the Jordan Cenotaph.

CLOSED SESSSION

At this point in the meeting, the following motions were introduced. Motion No. SRC-2015-62 Moved by Councillor W. MacMillan, Seconded by Councillor L. Timmers THAT Committee adjourn to closed session in order to discuss the security of the property of the municipality or local board (a matter pertaining to a Town facility).

CARRIED Motion No. SRC-2015-63 Moved by Councillor W. MacMillan, Seconded by Councillor L. Timmers THAT Committee resume in open session.

CARRIED

Consideration of the subject matter in closed session concluded with the introduction of the following motions: Motion No. SRCS-2015-64 Moved by Councillor W. MacMillan, Seconded by Councillor J.D. Pachereva THAT Report #SRC 15-48 regarding the Bennett Hall and Scout Hut Lease Agreement be received as information; AND THAT staff be directed to initiate discussion regarding renewal options with the Beamsville Lions Club concerning Bennett Hall.

CARRIED Motion No. SRCS-2015-65 Moved by Councillor J.D. Pachereva, Seconded by Councillor W. MacMillan THAT the Town staff come up with options in order to manage our facilities in a business like fashion.

ADJOURNMENT

There being no further business to discuss, the Chair declared the meeting adjourned at 9:00 p.m.

_____________________________________ CHAIR: COUNCILLOR D. THOMPSON

_____________________________________ SECRETARY: LORI LAIRD

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The Economic Development and Planning Committee of the Town of Lincoln met in regular session on November 9, 2015 at 7:00 p.m. in the Lincoln Council Chambers. Members Present: R. Foster Councillor (Chair) P. MacPherson Councillor D. Rintjema Councillor D. Thompson Councillor S. Easton Mayor Staff Present: J. Nicol Interim Chief Administrative Officer K. Dale Director Planning and Development C. Larmour Senior Planner Chair Foster called the Economic Development and Planning Committee Meeting to order at approximately 7:00 p.m. There were no other declarations of interest.

DELEGATIONS

(A) Carmen D’Angelo, re: PL 15-66

Mr. D’Angelo, Niagara Peninsula Conservation Authority Chief Administrative Officer, attended to explain the NPCA’s response to the Provincial Conservation Authorities Act Review. Mr. D’Angelo provided a PowerPointTM presentation outlining the legislative mandate of all conservation authorities and an outline of the NPCA’s report on the Review. Mr. D’Angelo provided a brief description of their comments under the general themes of governance, Provincial funding, roles and responsibilities, provincial offences and infrastructure funding. In response to a question from Councillor Thompson, Mr. D’Angelo explained the process that conservation authorities generally use to appoint board members. Mr. D’Angelo agreed that some alignment between Provincial agencies needs to take place in order to ensure that decisions are sensitive to local concerns and needs. Mayor Easton informed of her objection to the issuance of stop work orders or the expansion of further control to conservation authorities. In response to a question from Mayor Easton, the Director informed that the Municipality’s authority to stop work is limited to building permits and that the Town does not generally become involved in enforcement relating to conservation matters. Chair Foster informed of his concern with the many levels of political interference and is concerned with providing the NPCA with additional tools for enforcement. Chair Foster also expressed concern with Board representation in that local municipalities do not seem to be equally represented. Chair Foster concluded by stating that he believes the strength of the NPCA is in the conservation of land and natural resources and that their power should be limited in respect to greater control. Mr. D’Angelo informed that the NPCA is sensitive to their potential for impact on landowners and that their enforcement is based on an educational process that generally does not involve the issuance of orders or threats of legal action. In response to a question from Mayor Easton, Mr. D’Angelo explained the NPCA’s developing use of business plans to inform the enhancement of existing facilities and parks. Mr. D’Angelo informed that the Cave Springs Master Plan is ongoing based on a business philosophy that is intended to maximize the generation of revenue. Mr. D’Angelo further informed that the NPCA’s focus will next be turned to their parks that hold the greatest potential for revenue, including Balls Falls. In response to a question from Chair Foster, Mr. D’Angelo informed that their Community Outreach Volunteer Coordinator is currently working on the development of a ‘Friends of Balls Falls’ group. Chair Foster requested that the NPCA keep Town Council aware of any developments in order to afford the opportunity to consider partnerships.

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Economic Development and Planning Committee Minutes Page 2/5 November 9, 2015

CORRESPONDENCE

(A) Decision from the Ontario Municipal Board re: Zoning By-law Amendment

Application by 1528149

The Director provided a brief explanation of the Ontario Municipal Board decision to dismiss Eric Gilbert’s appeal of the Town’s decision to approve residential development on Lincoln Avenue.

Motion No. EDP 2015-84 Moved by Mayor S. Easton, Seconded by Councillor D. Thompson

THAT the correspondence from the Ontario Municipal Board dated October 28, 2015 regarding Zoning By-law Amendment Application by 1528149 Ontario Inc. be received as information.

CARRIED REPORTS

(A) PL 15-66, CN: 1-2-07-05, Review of the Conservation Authorities Act and

Wetland Conservation in Ontario.

The Director provided a brief description of the report concerning the Provincial review of the Conservation Authorities Act. General discussion regarding revisions to the Conservation Authorities Act and the operation of the Niagara Peninsula Conservation Authority ensued. It was generally agreed that Council could address operational and budget concerns with Regional Councillor Hodgson, Lincoln’s representative on the NPCA Board of Directors. After considering Report PL 15-66, the Committee adopted the following recommendation:

Motion No. EDP 2015-85 Moved by Councillor D. Rintjema, Seconded by Councillor P. MacPherson

For the reasons outlined in PL 15-66 it is hereby recommended: 1. That Council supports the recommendations contained in Report PL 15-66

regarding the review of the Conservation Authorities Act and Wetland Conservation in Ontario;

2. That Council directs Staff to forward Report PL 15-66 to the Ministry of Natural

Resources and Forestry for consideration, and 3. That Council directs Staff to forward a copy of Report PL 15-66 to the Niagara

Peninsula Conservation Authority and the Regional Municipality of Niagara.

CARRIED (B) PL 15-67, CN: 3-5-02-03, Application: PLZBA20150134, Application:

PLZBA20150134, Proposed Amendment to the Accessible Parking Standards.

The Director provided a brief description of the report outlining proposed changes to adjust the requirements for the provision of accessible parking facilities. In response to a question from Councillor Rintjema, the Director informed that the comprehensive review of the Zoning By-law will not commence until such time as the Official Plan receives final approval. Councillor MacPherson noted that the increase in width and number of accessible spaces will have a significant impact on the provision of parking in the Town. After considering Report PL 15-67, the Committee adopted the following recommendation:

Motion No. EDP 2015-86 Moved by Councillor D. Thompson, Seconded by Mayor S. Easton

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Economic Development and Planning Committee Minutes Page 3/5 November 9, 2015 For the reasons outlined in PL 15-67 it is hereby recommended: 1. That this report be received for information; and

2. That an amendment to the Town’s Zoning By-law be initiated and circulated for

comment. CARRIED

(C) PL 15-68, CN: 3-5-02-04, Application: 1988-37, Conveyance of Lands to the

Town – Extension of Christie Drive.

The Director provided a brief description the report informing that the Site Plan dates back to 1988 at which time the services and road were constructed. While title to the lands was to be conveyed, the Director informed that the transaction did not take place. The Director informed that the landowner has now requested that the matter be resolved In response to a question from Councillor Thompson, the Director informed that the Town has been maintaining the road and services and that the completion of this conveyance is to the benefit of the Municipality. After considering Report PL 15-68, the Committee adopted the following recommendation:

Motion No. EDP 2015-87 Moved by Councillor P. MacPherson, Seconded by Councillor D. Rintjema

That, for the reasons outlined in PL 15-68, it is hereby recommended that a By-law be presented to Council to authorize the conveyance of lands, described as Part 2, 30R-5686 to the Town.

CARRIED (D) PL 15-69, CN: 3-5-02-04, Application: PSPA20150133, Assumption Agreement

Grey Forest Homes Ltd.

The Director provided a brief description of the report informing that the applicant is required to assume the Site Plan Agreement. The Director explained that the Agreement requires the Owner to carry out various works, including external capital works within Culp Road from Victoria Avenue to the frontage of the lands and includes provisions requiring the completion of the works prior to releasing any securities. The Director further informed that the Assumption Agreement is required in order to bind the pending condominium corporation to the terms of the Site Plan Agreement. After considering Report PL 15-69, the Committee adopted the following recommendation:

Motion No. EDP 2015-88 Moved by Mayor S. Easton, Seconded by Councillor D. Thompson

For the reasons outlined in PL 15-69, it is hereby recommended that a By-law be presented to Council for approval to authorize the execution of a Condominium Assumption Agreement for the Site Plan Agreement with Grey Forest Homes Ltd.

CARRIED

(E) PL 15-70, CN: 3-5-02-05, Application: 2009-01, Lincoln Square Alyssa Drive Cost Recovery Agreement.

The Director provided a brief description of a request from the developer of Lincoln Square to be reimbursed for the cost of constructing infrastructure within the Alyssa Drive road allowance. The Director informed that Staff has reviewed the request with the Town Solicitor who advises that the practice is reasonable to ensure that developers are appropriately reimbursed when other lands benefit. The Director informed that the draft agreement contains provisions for the applicant to be reimbursed only if access or connection to those services takes place within 10 years from assumption of the subdivision.

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Economic Development and Planning Committee Minutes Page 4/5 November 9, 2015 In response to a question from Councillor Thompson, the Director informed that there is no known timeline for the development of lands to the north of Alyssa Drive. In response to a question from Councillor Rintjema, the Director informed that the owner of the adjacent lands has not been notified of this matter specifically. The Director further informed that the adjacent owner had discussions with the Region regarding the provision of a daylighting triangle and with the Town relating to a direct access to Alyssa Drive. In response to a question from Mayor Easton, the Director informed that the Town and Region would need to complete a review of any proposal to construct a new point of access to Alyssa Drive. After considering Report PL 15-70, the Committee adopted the following recommendation:

Motion No. EDP 2015-89 Moved by Councillor D. Rintjema, Seconded by Councillor P. MacPherson

That, for the reasons outlined in PL 15-70, it is hereby recommended that a By-law be presented to Council for approval to authorize the execution of a cost recovery Agreement for the Lincoln Square Subdivision with 1419405 Ontario Inc., 1419406 Ontario Inc. and 2252620 Ontario Limited.

CARRIED

(F) PL 15-71, Status Report – Review of Planning, Economic Development and Customer Service.

The Director provided a detailed description of the report outlining the recommendations of Mr. Dobbie’s report and updates on the status of actions taken by Staff. The Director highlighted the pre-consultation process, complete applications, the use of CityView and mobile devices, staffing, economic development and customer service. In response to a question from Councillor Thompson, the Director explained there is applicable law relating to Building Permit applications where the Town is unable to declare an application to be complete. The Director assured that Town Staff does not use this measure as an opportunity to delay. In response to a question from Councillor Foster, the Director informed that CityView has been used for Building Permits since 2001 and that the use for planning applications is more recent. The Director informed that more training will be required to maximize the use for planning applications. General discussion ensued regarding the opportunity for Staff performance to be enhanced through the continued investment in CityView for the benefit of the community. In response to a question from Councillor Rintjema, the Director suggested that some research would need to be completed to determine what information might be gathered in CityView for the compilation of a business directory. In response to questions from Councillor Thompson, the Director informed that the Department has created documents relating to common inquiries and acknowledged that information available on the website could be enhanced. Councillor Rintjema suggested that the Town needs to provide better mapping on the website that is much more accessible than the current format. Mayor Easton suggested that Planning Staff need to clearly articulate the plan for the Department moving forward and a detailed outline of the tools and resources required to get there. Mayor Easton spoke in favour of Mr. Dobbie’s report and stated that she is looking for action in 2016. In response to a question from Councillor Thompson, the Interim CAO suggested that the Planning Technician position is an entry position that is sometimes prone to vacancy due to people advancing within the Corporation or choosing other positions for lifestyle reasons. The Interim CAO intimated that the Council may need to consider the distribution of responsibilities within the Department and appropriation of additional financing.

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Economic Development and Planning Committee Minutes Page 5/5 November 9, 2015 After considering Report PL 15-71, the Committee adopted the following recommendation:

Motion No. EDP 2015-90 Moved by Councillor D. Thompson, Seconded by Mayor S. Easton

For the reasons outlined in PL 15-71 it is hereby recommended that the Status Report Review of Planning, Economic Development and Customer Service be received for information.

CARRIED

COUNCILLOR ENQUIRIES

None.

NOTICE OF MOTION

Councillor Rintjema introduced the following Notice of Motion:

RE: Industrial Community Improvement Plan

Whereas the establishment of an Industrial Community Improvement Plan (CIP) has been identified in Lincoln's recently approved 2014-2018 Work Plan for the 3rd quarter of 2017;

Whereas Lincoln's industrial land base has room for further development. Whereas Economic Development is one of The Town of Lincoln's five main focus areas in it's 2014-2018 Future Focus Document. And whereas crucial to quality of life in Lincoln and any community is the ability to gain employment, and to gain employment within a reasonable distance from home; Whereas Community Improvement Plan processes involve considerable public input and time. Be it resolved therefore that the Industrial Community Improvement Plan Work Plan item be brought forward as part of the 2016 budget.

ANNOUNCEMENTS

None.

CLOSED SESSION None.

ADJOURNMENT

There being no further business to discuss, Chair Foster adjourned the Economic Development and Planning Committee Meeting at 9:13 p.m. _______________________________ _______________________________ SECRETARY CHAIR

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The Council Business Planning (Committee of the Whole) of the Town of Lincoln met in regular session on November 11, 2015 at 7:00 p.m. in the Lincoln Chambers. Members Present: R. Foster Councillor (Chair) S. Easton Mayor T. Brunet Councillor W. MacMillan Councillor P. MacPherson Councillor J.D. Pachereva Councillor D. Rintjema Councillor D. Thompson Councillor L. Timmers Councillor Staff Present: J. Nicol Interim Chief Administrative Officer H. Booth Museum Director (departed 7:50 pm) J. Brown I.T. Coordinator (departed 8:20 pm) A. Cifani Deputy Director of Finance K. Dale Director of Planning and Development D. Graham Director of Public Works G. Hudson Fire Chief C. Judson Manager of Facilities and Parks J. Nicholson Public Library CEO R. Potter Manager of Revenue R. Spadoni Director of Finance W. Kolasa Director of Corporate Services/Clerk Councillor Foster called the meeting to order at 7:05 p.m. There were no declarations of interest.

REPORTS 2016 CAPITAL BUDGET The Chief Administrative Officer provided a broad overview of the budget process and the Director of Finance proceeded with a slide presentation detailing the Town's current financial position, Council's underlying financial principles and three critical issues facing the municipality in the 2016 capital budget. Committee was then introduced to each of the projects contained in the draft 2016 Capital Budget on a project by project basis, including a review of individual project details, sources of funding and anticipated project expenditures. Members considered each of the projects detailed in the draft Capital Budget, requested additional information and clarification on a number of items and concluded consideration with direction that further consideration of the proposed projects be undertaken at the November 18, 2015, meeting of the Council Business Planning (Committee of the Whole).

ADJOURNMENT There being no further business to discuss, the Chair declared the meeting adjourned at 9:25 p.m.

_____________________________________

CHAIR: ROB FOSTER


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Report # PW 15-65CN: 1-2-03-02


REPORT TO: Council

DATE OF MEETING: November 16, 2015

SUBJECT: King Street Roundabout Construction Project — Cost Sharing

Niagara Region Infrastructure Town of Lincoln InfrastructureResponsibilities Responsibilities

0 Roadworks including curb and gutters, o Watermain replacementdrainage outlet improvements, 0 Roundabout landscaping (subject topavement, etc. future budget approval in 2016)

0 Storm sewerso Intersection improvements

(roundabout construction)o Environmental/Creek Workso Roadway lightingo Utility relocations related to the road

RECOMMENDATIONS

‘I. That Report PW 15-65, King Street Roundabout Project — Cost Sharing be received asinformation.

2. That Council approve the proposed Town cost sharing budget for watermain replacementas part of the King Street Roundabout Construction Project as outlined in this report.

PURPOSE

The purpose of this report is for Council to consider approving the proposed Town costsharing for watermain replacement as part of the King Street Roundabout ConstructionProject.

BACKGROUND

This is a Niagara Region project in which the Town is responsible for funding certainmunicipal infrastructure components that require improvement. Table 1.0 summarizes boththe Regional and Town infrastructure responsibilities related to this project.

Table 1.0 — Summary of Regional and Town Infrastructure Responsibilities

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PW 15-65ATTACHMENTNO. 1 W E

PAGE 1 of 1

PROPOSED WATERMAINREPLACEMENTLIMITS

PROJECTNAME WATERMAINREPLACEMENT FOR THE PROPOSED ROUNDABOUT PUBUC WORKS DEP'T

KING STREET / GREENLANE/ DURHAMROAD

DESCRIPTION:

DATE:NOV2015 SCALE:N.T.S. DR.BY:S.P

GREENLANDROAD

n_<om s_<_._m:n_

Z.._OOZ_:_DZ< >m_ws__mo

LO wZ>>O._.MI... zwmz?mm._.:>=:_

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BY-LAW NO. 2015-71

A BY-LAW TO AUTHORIZE THE EXECUTION OF A COST RECOVERY AGREEMENT WITH 1419405 ONTARIO INC., 1419406 ONTARIO INC. AND 2252620 ONTARIO LIMITED

WHEREAS 1419405 Ontario Inc., 1419406 Ontario Inc. and 2252620 Ontario Limited entered into a subdivision agreement with the Town of Lincoln for the development of the Lincoln Square Plan of Subdivision, registered as Plan 30M-420; AND WHEREAS as part of the subdivision agreement, the developer was required to construct municipal infrastructure at their cost, including roads, sidewalks, water mains, sanitary sewers, storm sewers and intersection improvements to Ontario Street at John Street and Alyssa Drive; AND WHEREAS the construction of these municipal infrastructure improvements would benefit an adjacent property on the north side of Alyssa Drive, west of Ontario Street, should they wish to develop their property; AND WHEREAS after considering Report PL 15-70, the Council of the Town of Lincoln deems it necessary and expedient to enter into a cost recovery agreement with 1419405 Ontario Inc., 1419406 Ontario Inc. and 2252620 Ontario Limited; 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 cost recovery agreement with 1419405 Ontario Inc., 1419406 Ontario Inc. and 2252620 Ontario Limited, 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 November, 2015. BY-LAW read a SECOND time this 16th day of November, 2015. BY-LAW read a THIRD time AND FINALLY PASSED this 16th day of November, 2015.

__________________________ MAYOR: SANDRA EASTON

__________________________ CLERK: WILLIAM J. KOLASA

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BY-LAW NO. 2015-72 A BY-LAW TO AUTHORIZE THE ACCEPTANCE OF A TRANSFER OF LANDS FROM J-LINE PROPERTIES LTD.

WHEREAS the Council of the Town of Lincoln, for the reasons outlined in PL 15-68, deems it necessary and expedient to accept certain lands gratuitously and free and clear of any mortgages, liens or encumbrances or otherwise for road purposes; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF LINCOLN HEREBY ENACTS AS FOLLOWS: 1. That the Town of Lincoln accept and confirm the transfer of lands from J-Line Properties Ltd., being Part of Lot 15, Concession 1, in the former Township of Clinton, designated as Part 2 on Plan 30R-5686; 2. That the Mayor and Clerk be and they are hereby authorized to execute such documents and take such action as may be necessary to effect this transaction, and the Town Solicitor is directed to register the said documents in the Registry Office for the Registry Division of Niagara North (No. 30). BY-LAW read a FIRST time this 16th day of November, 2015. BY-LAW read a SECOND time this 16th day of November, 2015. BY-LAW read a THIRD time and FINALLY PASSED this 16th day of November, 2015. __________________________________ MAYOR: SANDRA EASTON __________________________________ CLERK: WILLIAM J. KOLASA

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BY-LAW NO. 2015-73

A BY-LAW TO PROVIDE FOR THE APPOINTED OFFICE OF CHIEF ADMINISTRATIVE OFFICER AND THE DUTIES AND RESPONSIBILITIES ASSOCIATED THEREWITH

WHEREAS Section 229 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may appoint a Chief Administrative Officer who shall be responsible for exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality and for performing such other duties as are assigned by the municipality; AND WHEREAS the Corporation of the Town of Lincoln deems it expedient to appoint a Chief Administrative Officer; NOW THEREFORE the Municipal Council of The Corporation of the Town of Lincoln enacts as follows:

SHORT TITLE – CAO BY-LAW PART 1 – CHIEF ADMINISTRATIVE OFFICER 1.1 Office – established The appointed office of Chief Administrative Officer is hereby established. PART 2 – GENERAL PROVISIONS 2.1 Head – Civic Administration – accountability The Chief Administrative Officer shall: (a) be the head of the Civic Administration of the Municipal Corporation (b) be directly responsible and accountable to the Council and shall exercise

the powers and perform the duties which, from time to time, are lawfully assigned to, or vested in, the position by the Council.

2.2 Council – powers – encroachment – not authorized Nothing in this by-law authorizes or empowers the Chief Administrative Officer to exercise or encroach upon the authorities or powers of the Mayor as Chief Executive Officer of the Municipal Corporation or the Council or upon the statutory duties of appointed officers of the Municipal Corporation. 2.3 Acting Chief Administrative Officer – appointment by Council The provisions of this by-law apply with the necessary modifications to a person designated under Section 3.17 of this by-law or, where the office of Chief Administrative Officer is vacant, to an appointed official designated by or under the authority of a by-law or resolution of the Council to act as Chief Administrative Officer.

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PART 3 – DUTIES – RESPONSIBILITIES 3.1 Duties – responsibilities – set out Without restricting the generality of Section 2.1 of this by-law, the duties and responsibilities of the Chief Administrative Office shall be as set out in Sections 3.2 to 3.17 of this by-law. 3.2 Administration – business affairs – Senior Management The Chief Administrative Officer shall administer the business affairs of the Municipal Corporation and to that end lead and direct the members of Senior Management in carrying out the responsibilities of the municipality, in accordance with the policies and plans approved and established by the Council. 3.3 Authority – direction – all employees – exception The Chief Administrative Officer shall have authority over and direction of all Town employees except those appointed as public officials under statute to the extent only of their statutory duties and responsibilities as public officials. 3.4 Appointed officials – statutory duties – ensured The Chief Administrative Officer shall ensure that appointed officials with statutory duties in respect of the Municipal Corporation carry out those duties in a proper manner. 3.5 Corporate Plan The Chief Administrative Officer shall assist the Council in the development and maintenance of a corporate plan for the Town. 3.6 Policies – programs – implementation – reports The Chief Administrative Officer shall direct the formulation of corporate policies and programs and shall ensure that information and reports that are requested by the Council or that, in the Chief Administrative Officer’s opinion, could be of assistance to the Council are obtained or prepared and submitted to the Council, such reports, where appropriate, to provide a recommended course of action and to identify suitable alternatives. 3.7 Effectiveness – efficiency – improvement – structure The Chief Administrative Officer shall review regularly with members of Senior Management collectively, or the affected member of Senior Management individually, as the case may be, the municipality’s organization and departmental structure and implement any changes that would, in the Chief Administrative Officer’s opinion, improve the effectiveness or the efficiency of the structure. 3.8 Recommendations – advice – presentation – assistance The Chief Administrative Officer shall co-ordinate and direct, where appropriate, the compilation, consideration, preparation and presentation of recommendations to the Council for its adoption, and shall propose by-laws and resolutions to give effect to such recommendations as are adopted by the Council.

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3.9 Report – to Council – regularly – various projects The Chief Administrative Officer shall direct the presentation, at regular intervals, to the Council, of reports with respect to finances and works projects, indicating the progress in terms of the programs of the Council and any matter that, in the Chief Administrative Officer’s opinion, should be reported to Council. 3.10 Financial Control – direction – estimates – budgets The Chief Administrative Officer shall direct the exercise of a general financial control of all Municipal Departments, and direct the presentation to the Council of the annual estimates of revenues and expenditures and the capital budget and the subsequent administration and control of the municipality’s affairs according to the estimates and the budget, as approved by Council. 3.11 Employees – advice – to Council The Chief Administrative Officer shall recommend to Council the terms of employment, the appointment, suspension of dismissal of the Heads of Departments, consistent with any applicable Council policy. 3.12 Heads of Departments – co-ordination – limitation The Chief Administrative Officer shall, within the terms of collective bargaining agreements and the human resources policies of the Council, oversee and authorize the exercise by the Heads of Departments of their responsibilities in the appointment, employment, suspension or dismissal of employees. 3.13 Collective bargaining – co-ordination – direction The Chief Administrative Officer shall co-ordinate and direct collective bargaining with all employees and recommend to the Council agreements concerning wages, salaries, fringe benefits and working conditions; and upon approval by Council, direct the administration of such agreements. 3.14 Meetings – Council – attendance The Chief Administrative Officer (or a designate of the Chief Administrative Officer) shall attend all Council meetings (and Standing Committee meetings if required) with the right to speak, when recognized by the Mayor or presiding officer. 3.15 Liaison – boards – agencies – other governments The Chief Administrative Officer shall be responsible for administrative liaison with the local boards, commissions, agencies, other municipalities, and the provincial and federal governments. 3.16 Corporate representative – documents and meetings The Chief Administrative Officer shall have the right to represent and speak on behalf of the Corporation in documents and meetings, in a manner consistent with the policies of Council. 3.17 Acting Chief Administrative Officer – designated by Chief Administrative

Officer The Chief Administrative Officer shall have authority to designate a member of Senior Management to act on the Chief Administrative Officer’s behalf during any absence of the Chief Administrative Officer due to illness, vacation or otherwise.

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Part 4 – SENIOR MANAGEMENT TEAM 4.1 Meetings – regularly – purpose The Chief Administrative Officer shall meet regularly and collectively with the members of Senior Management and such other appointed officials as the Chief Administrative Office may determine for the purpose of: (a) advising and assisting the Chief Administrative Officer in carrying out the Chief Administrative Officer’s duties and responsibilities; (b) ensuring representation from each operational and support service department concerning the effects or implications on it of corporate or departmental matters; and (c) achieving efficient and effective co-operation and co-ordination of all departments of the Municipal Administration. PART 5 – APPOINTMENT 5.1 That Michael Kirkopoulos is hereby appointed as Chief Administrative

Officer for the Corporation of the Town of Lincoln. 5.2 That such appointment shall be confirmed and governed through the

execution of employment agreement. PART 6 – REPEAL – ENACTMENT 6.1 By-laws – previous That By-law Nos. 08-95, 2015-36 and 2015-42 are hereby repealed. 6.2 Effective Date This by-law shall come into force and effect on the 14th day of December, 2015. BY-LAW read a FIRST time this 16th day of November, 2015. BY-LAW read a SECOND time this 16th day of November, 2015. BY-LAW read a THIRD time AND FINALLY PASSED this 16th day of November, 2015.

__________________________ MAYOR: SANDRA EASTON

__________________________ CLERK: WILLIAM J. KOLASA

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BY-LAW NO. 2015-74

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 November 2, and Emergency Meeting held November 11, 2015, be and the same are hereby adopted, ratified and confirmed. 2. That the actions of the Council at its meeting of November 16, 2015, 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 November, 2015. BY-LAW read a SECOND time this 16th day of November, 2015. BY-LAW read a THIRD time and FINALLY PASSED this 16th day of November, 2015. __________________________________ MAYOR: SANDRA EASTON __________________________________ CLERK: WILLIAM J. KOLASA

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the corporation of the town of lincoln ......that council resume in open session. carried...

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