THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA

MEETING NO. NINETEEN

Monday, December 11, 2023 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 to be turned off. Members of the public who are attending and participating virtually are reminded to keep their microphones muted until they are acknowledged to speak. 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.

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1.

SINGING OF "O CANADA" - Smithville Christian High School

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

1. Comments from the public for a matter that is 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 [email protected] before 4:30 pm. on the day of the meeting. Comments submitted will be considered as public information and read into 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 by visiting events.westlincoln/meetings

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 (Hat-i-wen-DA-ronk), the Haudenosaunee (Hoe-den-no-SHOW-nee), and the Anishinaabe (Ah-nish-ih-NAH-bey), including the Mississaugas of the Credit First Nation. There are many First Nations, Métis, and Inuit people 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 Terry Bell

4.

CHANGE IN ORDER OF ITEMS ON AGENDA

There are no changes in order of items on the agenda.

5.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

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

There are no appointments/presentations.

8.

REGIONAL COUNCILLOR’S REMARKS

9.

CONFIRMATION OF MINUTES

9.1

Council Meeting - Regular

Re:  Minutes - November 27, 2023
Confidential Minutes Under Separate Cover

• Moved By Councillor Jason Trombetta
  1. That, the minutes of the open session portion of the November 27, 2023 regular Council meeting be accepted; and,
  2. That, the confidential minutes relating to the closed session portion of the November 27, 2023 regular Council meeting be accepted; and that the minutes remain confidential and restricted from public disclosure in accordance with exemptions provided Section 239 of the Municipal Act.

10.

COMMUNICATIONS

10.1

Ernie Sibbett, Chair (Crime Stoppers of Niagara)

Re:  January 2024 Crime Stoppers Month

• Moved By Councillor Joann Chechalk

  That, the correspondence received from Ernie Sibbett, Chair (Crime Stoppers of Niagara), regarding "January 2024 Crime Stoppers Month", dated October 26, 2023, be received for information. 

11.

MAYOR’S REMARKS

12.

REPORT OF COMMITTEE

12.1

All Committees Meeting (Including Public Meetings)

Re:  Minutes - December 4, 2023

• Moved By Councillor Mike Rehner

  That, the minutes of the December 4, 2023 All Committees (Including Public Meetings) meeting, be accepted, and the recommendations contained therein, be approved;
  with the exception of Item#(s) __________

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.

There are no items put forward for reconsideration.

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

TABLED ITEM (March 28, 2022 Council Meeting)

Director of Planning & Building (Brian Treble)
Re:  Recommendation Report No. PD-36-2022 - Smithville Landowners Group request for support of Minister's Zoning Order (MZO)

15.2

Director of Finance/Treasurer (Donna DeFilippis)

Re:  Memorandum - 2024 Interim Tax By-law

• Moved By Councillor Terry Bell

  That, the Memorandum regarding the "2024 Interim Tax By-law", dated December 11th, 2023, be received for information.

15.3

Director of Planning & Building (Brian Treble)

Re:  Recommendation Report PD-63-2023 - Naming of Dennis Drive and Brandon Lane by By-law and Issuance of Certificate of Completion & Assumption of Streets & Works for Old Towne Gateway Estates/Smithville Station Plan of Subdivision, Developer: Marz Homes (Smithville Station) Inc.

• Moved By Councillor Jason Trombetta
  1. That, Recommendation Report PD-63-2023, regarding “Naming of Dennis Drive and Brandon Lane by By-law and Issuance of Certificate of Completion & Assumption of Streets & Works for Old Towne Gateway Estates/Smithville Station Plan of Subdivision, Developer: Marz Homes (Smithville Station) Inc.”, dated December 11, 2023, be RECEIVED; and,
  2. That, a Final Certificate of Completion be issued for Old Towne Gateway Estates/Smithville Station Plan of Subdivision 30M-446; and,
  3. That, the Township pass a By-law to name Dennis Drive and Brandon Lane and also assume the Old Towne Gateway Estates/Smithville Station, Plan of Subdivision, 30M-446, and all related works, services and the park, in accordance with Schedule ‘A” of the attached draft By-Law.

15.4

Councillor William Reilly

Re:  Niagara Transit Commission Public Advisory Committee

• Moved By Councillor William Reilly
  1. That, staff be and are hereby directed to notify the public regarding accepting applications to sit on the Niagara Transit Commission Public Advisory Committee immediately; and,
  2. That, all applications be submitted prior to end of day on January 8th 2024 and,
  3. That, recommendations for appointment be presented at the January 15th, 2024 All Committees Meeting. 

15.5

Mayor Cheryl Ganann

Re:  Regional Governance Review as overseen by the Ministry of Municipal Affairs and Housing
FOR INFORMATION

15.6

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.

BY-LAWS

• Moved By Councillor Mike Rehner
  1. That, leave be granted to introduce By-law #s 2023-85, 2023-86, 2023-87, 2023-88, 2023-89 and 2023-90, 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.

17.1

BY-LAW 2023-85

A By-law to confirm the proceedings of the council of the Corporation of the Township of West Lincoln at its regular meeting held on the 27th day of November, 2023.

17.2

BY-LAW 2023-86

Being a By-law to amend By-law 97-2030 which designates private roadways as fire routes along which no parking of vehicles shall be permitted.

17.3

BY-LAW 2023-87

Being a By-law adopt Amendment No. 57 (Re-designation of Spring Creek Heights Secondary Plan) to the Official Plan for the Township of West Lincoln.

17.4

BY-LAW 2023-88

Being a by-law to establish Dennis Drive and Brandon Lane, Plan 30M-446, Township of West Lincoln, as public highways and to assume public services.

17.5

BY-LAW 2023-89

Being a By-law to provide for an interim tax levy and to provide for the payment of taxes and to provide for penalty and interest of fifteen percent.

17.6

BY-LAW 2023-90

A By-law to consolidate Fees and Charges and to establish user fees and charges for services, activities or the use of property within the Township of West Lincoln.

18.

CONFIDENTIAL MATTERS

• Moved By Councillor Joann Chechalk

  That, the next portion of this meeting be closed to the public to consider the following pursuant to Section 239(2) of the Municipal Act 2001:

  18.1 Director of Planning & Building (Brian Treble) & Director of Public Works & Recreation (Mike DiPaola)
  Re:  Legal/Solicitor-Client Privilege - Development & Front-Ending Agreements
  VERBAL UPDATE

  Applicable closed session exemption(s):

  • Advice that is subject to Solicitor-Client Privilege, including communications necessary for that purpose;
  • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

  18.2  Director of Planning and Building (Brian Treble)
  Re: Legal/Solicitor-Client Privilege - Ontario Land Tribunal (OLT) - Proposed Official Plan Amendment (OPA) No. 63 (File No.22-0035)
  VERBAL UPDATE

  Applicable closed session exemption(s):

  • Advice that is subject to Solicitor-Client Privilege, including communications necessary for that purpose;
  • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

  18.3  Human Resources Coordinator(Cassandra Carey) & Director of Legislative Services/Clerk (Jessica Dyson)
  Re: CAO Performance Review - Report to CAO & Council

  Applicable closed session exemption(s):

  • personal matters about an identifiable individual, including municipal or local board employees
• Moved By Councillor Terry Bell

  That, this Council meeting now resume in open session at the hour of ______ p.m.

18.1

Director of Planning & Building (Brian Treble) & Director of Public Works & Recreation (Mike DiPaola)

Re:  Development & Front-Ending Agreements
VERBAL UPDATE

18.2

Director of Planning and Building (Brian Treble)

Re: Legal/Solicitor-Client Privilege - Ontario Land Tribunal (OLT) - Proposed Official Plan Amendment (OPA) No. 63 (File No.22-0035)
VERBAL UPDATE

18.3

Human Resources Coordinator(Cassandra Carey) & Director of Legislative Services/Clerk (Jessica Dyson)

Re: CAO Performance Review - Report to CAO & Council

• Moved By Councillor William Reilly

  That, the CAO's Performance Review Report for the 2023, as part of the CAO Performance Review Policy, be received for information.

19.

ADJOURNMENT

The Mayor to declare this meeting adjourned at the hour of __________.