THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA

MEETING NO. FIFTEEN

Monday, August 12, 2024 at 6:30 P.m. - 8:30 P.m.

Township Administration Building

318 Canborough Street, Smithville, Ontario

NOTE TO MEMBERS OF THE PUBLIC: All cell phones, pagers and/or PDAs are to be turned off or put on silent. Additionally, for your information, please be advised that this meeting will be livestreamed as well as recorded and will be available on the Township's website.

---

1.

SINGING OF "O CANADA" - SMITHVILLE CHRISTIAN HIGHSCHOOL

Prior to commencing with the Council meeting, Mayor Ganann will provide the following announcements:

1. Comments from the public for a matter that on the agenda may be provided in person by attending the meeting and advising the Chair during the "Request to Address an Item on the Agenda" Section of the agenda.
2. For those individuals that are unable to attend the meeting in person, you may submit comments for matters that are on the agenda by either
   1. emailing [e-mail] before 4:30 p.m. on the day of the meeting. Comments submitted will be considered as public information and be part of the public record; OR,
   2. by contacting the Clerk's Department to request a Zoom Link to attend the meeting virtually.
3. Tonight's Council Meeting will be livestreamed as well as recorded and available on the Township’s website 

2.

LAND ACKNOWLEDGEMENT STATEMENT

The Township of West Lincoln, being part of Niagara Region is situated on treaty land. This land is steeped in the rich history of the First Nations such as the Hatiwendaronk, the Haudenosaunee, and the Anishinaabe, including the Mississaugas of the Credit First Nation. There are many First Nations, Métis, and Inuit from across Turtle Island that live and work in Niagara today. The Township of West Lincoln, as part of the Regional Municipality of Niagara, stands with all Indigenous people, past and present, in promoting the wise stewardship of the lands on which we live.

3.

OPENING PETITION - Councillor Mike Rehner

Councillor Rehner to read the opening petition.

4.

CHANGE IN ORDER OF ITEMS ON AGENDA

5.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

NOTE: Items for which conflicts were recently declared at Committee Meeting(s)

6.

REQUEST TO ADDRESS ITEMS ON THE AGENDA

NOTE: Requests to address items on the agenda are restricted to specific items as follows per Section 6.7 of the Procedural By-law:
6.7 Public Comment at Council
There shall be no comments from the public permitted at Council unless:
(a) a specific appointment has been scheduled; or,
(b) an item is included under the “Other Business” or “Communications” or “Appointments” section of the agenda and relates to a matter which would normally be dealt with at Committee.

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

7.

APPOINTMENTS/PRESENTATIONS

7.1

Matt Campbell, Zelinka Priamo Ltd.

Re:  Request for Extension on behalf of Brantwood Homes Inc. - Draft Plan of Condominium Lands Approval

7.2

Inspector Dave Gomez, Staff Sergeant Sarah Rose, Sergeant Karl Fiddes and Corporate Communications Manager Stephanie Sabourin

Re:  Annual Update - Niagara Regional Police

7.3

Katie McNair, Water Resources Engineer, Matrix Solutions Inc.

Re: Stormwater Management Facility Assessments

8.

REGIONAL COUNCILLOR’S REMARKS

9.

CONFIRMATION OF MINUTES

9.1

Council (includes All Committees) Meeting

Re:  Minutes - July 15, 2024
Confidential Minutes Under Separate Cover

• Moved By Councillor Joann Chechalk
  1. That the minutes relating to the open session portion of the July 15, 2024 Council (includes All Committees) Meeting, and the recommendations contained therein, be accepted; and
  2. That the confidential minutes relating to the closed session portion of the July 15, 2024 Council (includes All Committees) Meeting be accepted; and that the minutes remain confidential and restricted from public disclosure in accordance with exemptions provided in Section 239 of the Municipal Act.

9.2

Public Meeting Under the Planning Act

Re:  Minutes - July 15, 2024

• Moved By Councillor Shelley Bradaric

  That, the minutes of the public meetings held on July 15, 2024 under Section 34 of the Planning Act with respect to:

  1. Township of West Lincoln - Zoning By-Law 2017-70, Housekeeping Amendments No. 8;
  2. 4961 Canborough Street (Darren Fousert (Agent) Janna and Frank Bulk) - Temporary Use By-Law;

  be accepted.

10.

COMMUNICATIONS

11.

MAYOR’S REMARKS

12.

REPORT OF COMMITTEE

12.1

Planning/Building/Environmental Committee 

1.

Manager of Planning (Gerrit Boerema)

Re:  Recommendation Report PD-35-2024 - 167 St. Catharines Street Extension of Draft Plan of Condominiums, File No. 2100-86-17

• Moved By Councillor Mike Rehner
  1. That, Recommendation Report PD-35-2024, titled “Recommendation Report – 167 St. Catharines Street Extension of Draft Plan of Condominium, File No. 2100-86-17, dated August 12, 2024, be received; and,
  2. That, the Draft Plan of Condominium approval for 167 St. Catharine Street, File No. 2100-86-17, be extended for a period of one year, to expire on August 12, 2025, subject to the revised conditions found in Schedule ‘A’, and
  3. That a notice of extension be circulated to relevant agencies and departments.

2.

Senior Planner (Madyson Etzyl) and Manager of Planning (Gerrit Boerema)

Re:  Recommendation Report PD-34-24 - Zoning By-Law Amendment (Temporary Use By-Law) Frank and Janna Bulk, Darren Fousert, Garden Suite Application – 4961 Canborough Road- File No. 1601-006-24

• Moved By Councillor Jason Trombetta
  1. That, Recommendation Report PD-34-24, titled “Recommendation Report – Application for Zoning By-Law Amendment (Temporary Use By-Law) –Frank and Janna Bulk, Darren Fousert, Garden Suite Application File No. 1601-006-24”, dated August 12^th 2024, be received; and,
  2. That, no further public meeting is required for the consideration of this by-law in accordance with Section 34(17) of the Planning Act; and,
  3. That By-law 2024-54, as found in Schedule ‘E’ be approved with the site specific regulations.

3.

Director of Planning & Building (Brian Treble)

Re: Recommendation Report PD-36-2024– Additional Background Information – Service Level Agreement (Planning) with the Region of Niagara

• Moved By Councillor Shelley Bradaric
  1. That, Recommendation Report PD-36-2024, titled “Recommendation Report – Additional Background Information – Service Level Agreement (Planning) with the Region of Niagara” dated August 12, 2024, be received; and,
  2. That, Council receives and supports the proposal to pay for back up professional planning expertise from Regional planning after the date of proclamation (date when Region is no longer a planning approval authority) for a term not exceeding two years; and,
  3. That, the CAO be authorized to negotiate the services for which such agreement shall be required and to then sign the Agreement on behalf of the Township following the date of provincial proclamation of the amendments to the Planning Act related to upper-tier municipal planning responsibilities for a 2-year term; and
  4. That, Council directs Administration staff to develop and recommend to Council a service delivery model to support local delivery of planning services currently supported by Region of Niagara, by the end of 2025.
• Moved By Councillor Joann Chechalk

  That, this item be referred back to staff to a future Planning/Building/Environmental Committee meeting in order gather more information regarding the services we need, and the potential costs associated with these services from the Niagara Region and private services.

12.2

Administration/Finance/Fire Committee 

1.

Director of Finance and Treasurer (Donna DeFilippis) and Manager of Finance and Deputy Treasurer (Katelyn Repovs)

Re: Information Report T-16-2024, titled “Quarter 2 Financial Update June 2024 

• Moved By Councillor Shelley Bradaric

  That, Information Report T-16-2024, titled “Quarter 2 Financial Update June 2024”, dated August 12, 2024, be received for information.

2.

Director of Legislative Services/Clerk (Justin Paylove)

Re: Recommendation Report C-04-2024 - By-Election for Vacant Ward 3 Councillor Position

• Moved By Councillor Jason Trombetta
  1. That, Recommendation Report C-04-2024, dated August 12, 2024 titled “By-Election for Vacant Ward 3 Councillor Position”, be received; and,
  2. That, Council approve Budget amendment BA2024-08 authorizing a transfer from the Contingency Reserve up to $30,000 in order to fund the 2024 By-election; and,
  3. That, a by-law be adopted to provide for the holding of a By-Election on November 4, 2024, for the vacant office of one Councillor position for Ward 3, in the Township of West Lincoln, for the remainder of the 2022-2026 Term of Council; and,
  4. That, a by-law be adopted to provide for the following advance votes to be held prior to voting day for the By-election:
     1. Friday, October 25, 2024 from 6:00 p.m. to 9:00 p.m. at the West Lincoln Community Centre, 177 West Street, Smithville, Ontario
     2. Saturday, October 26, 2024 from 10:00 a.m. to 4:00 p.m. at the Legion Villa 2, 161 Mill Street, Smithville, Ontario; and
  5. That a By-law be adopted to provide for the use of voting machines, voting recorders, optical scanning vote tabulators or other voting devices at elections.

      

3.

Fire Chief (Dennis Fisher)

Re: Information Report WLFD-10-2024 -Monthly Update – July 2024

• Moved By Councillor Joann Chechalk

  That, Information Report WLFD-10-2024 titled “Monthly Update – July 2024”, dated August 12, 2024, be received for information.

12.3

Public Works/Recreation/Arena Committee 

1.

Project Manager (Ray Vachon) and Director of Public Works & Recreation (Mike DiPaola)

Re: Information Report PW-20-2024- Stormwater Management (SWM) Pond Assessments

• Moved By Councillor Mike Rehner

  That, Information Report PW-20-2024 titled “Stormwater Management (SWM) Pond Assessments” dated August 12, 2024 be received for information.

13.

RECONSIDERATION

(“Definition”) This section is for a Member of Council to introduce a motion to reconsider action taken at this Council Meeting or the previous regular Council meeting. A motion to reconsider must be made by a Council Member who voted in the majority on the matter to be reconsidered. The Chair may rule that a motion to reconsider will be dealt with at the next following Council Meeting if for some reason it cannot be dealt with at this meeting.

14.

NOTICE OF MOTION TO RESCIND

("Definition") This section is for Council Members to serve notice of intent to introduce a motion to rescind action taken previously by Council. Notice served at this meeting will be for a motion to rescind at the next regular meeting.

15.

OTHER BUSINESS

15.1

Members of Council

Re: Council Remarks

16.

NEW ITEMS OF BUSINESS

NOTE: Only for items that require immediate attention/direction from Council and must first approve a motion to introduce a new item of business.

17.

CONFIDENTIAL MATTERS

There are no Confidential Matters.

18.

BY-LAWS

• Moved By Councillor Joann Chechalk
  1. That leave be granted to introduce By-Laws 2024-51, 2024-52, 2024-53 and 2024-54,  and that the same shall be considered to have been read a first, second, and third time with one reading, and are hereby adopted; and
  2. That the Mayor and Clerk be and are hereby authorized to sign and affix the Corporate Seal thereto, any rule of this Council to the contrary notwithstanding.

18.1

BY-LAW 2024-51

Being a By-Law to authorize the holding of a by-election for the vacant office of one (1) Councillor position for Ward Three (3), in the Corporation of the Township of West Lincoln, for the remainder of the 2022-2026 term of Council.

18.2

BY-LAW 2024-52

Being a By-Law to authorize the use of vote-counting equipment and electronic poll books in the 2024 municipal by-election held in the Corporation of the Township of West Lincoln.

18.3

BY-LAW 2024-53

Being a By-law to amend Zoning By-law 2017-70, as amended, of the Township of West Lincoln. (Temporary Use By-Law - Frank and Janna Bulk, Darren Fousert).

18.4

BY-LAW 2024-54

Being a By-Law to adopt, confirm and ratify matters dealt with by Council resolution.

19.

ADJOURNMENT

The Chair to declare this meeting adjourned.