THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA

MEETING NO. THIRTEEN

Monday, July 15, 2024 at 6:30 P.m. - 7:30 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.

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1.

SINGING OF "O CANADA" - CAIRN CHRISTIAN SCHOOL

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 pm. 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 Joann Chechalk

Councillor Chechalk to read the opening petition.

4.

PUBLIC MEETINGS

4.1

Township of West Lincoln - Zoning By-Law 2017-70, Housekeeping Amendments No. 8

Re:  To undertake amendments to the Township Zoning By-Law, 2017-70, as amended, to address a number of minor updates that should be addressed through an eighth round of housekeeping amendments.

4.2

4961 Canborough Street (Darren Fousert (Agent) Janna and Frank Bulk) - Temporary Use By-Law

Re:  An application for a Temporary Use By-Law, requesting to temporarily permit a 67 square meter mobile home (garden suite) on the property zoned Rural Residential for a maximum of 20 years to allow family members to reside on the property.

5.

CHANGE IN ORDER OF ITEMS ON AGENDA

6.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

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

7.

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.

8.

APPOINTMENTS/PRESENTATIONS

8.1

Luciano Di Leonardo

Re:  Introduction of Smithville East Gateway Developers and Development Plans to Council

9.

REGIONAL COUNCILLOR’S REMARKS

10.

CONFIRMATION OF MINUTES

10.1

Council Minutes

Re:  Minutes - June 24, 2024
Confidential Minutes Under Separate Cover

• Moved By Councillor Joann Chechalk
  1. That the minutes relating to the open session portion of the June 24, 2024 Council Meeting, and the recommendations contained therein, be accepted; and
  2. That the confidential minutes relating to the closed session portion of the June 24, 2024 regular Council 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.

11.

COMMUNICATIONS

11.1

World Hepatitis Day

Re:  Recognition of World Hepatitis Day in the Township of West Lincoln

• Moved By Councillor Shelley Bradaric

  WHEREAS, approximately 204,000 Canadians are living with hepatitis C and over 250,000 people are living with hepatitis B; and,

  WHEREAS, people living with hepatitis B and C have an increased risk of developing cirrhosis, liver failure and related illnesses; and, 

  WHEREAS, Ontario has over 110,000 people living with hepatitis B or C, both of which are slow and progressive diseases; and,

  WHEREAS, there are vaccines available for Hepatitis A and B; effective Hepatitis C treatment therapies can cure over 95% of cases; and

  WHEREAS, World Hepatitis Day provides an opportunity to reach out to millions of Canadians and encourage hepatitis testing, provide treatment and care for those affected while paving the way towards elimination of hepatitis as a public health concern in Canada by 2030.

  NOW THEREFORE BE IT RESOLVED that the Township of West Lincoln Council acknowledge July 28, 2024 as World Hepatitis Day. 

12.

MAYOR’S REMARKS

Mayor Ganann to read from a prepared statement.

13.

REPORT OF COMMITTEE

13.1

Planning/Building/Environmental Committee 

1.

Senior Planner (Susan Smyth), Manager of Planning (Gerrit Boerema), Director of Planning & Building (Brian Treble)

Re:  Technical Report PD-32-2024 - Comprehensive Zoning By-Law 2017-70 Housekeeping Amendment No. 8 (File No. 1601-005-24)

• Moved By Councillor William Reilly
  1. That Technical Report PD-32-2024 titled, “Comprehensive Zoning By-law 2017-70, Housekeeping Amendment No. 8 (File No. 1601-005-24)”, dated July 15, 2024 be received; and
  2. That Staff present a Recommendation Report to a future Planning/Building/Environmental Committee meeting when all public and agency comments have been received and given full consideration and a full planning review is completed.

2.

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

Re:  Technical Report PD-31-2024 - Application for Zoning By-Law Amendment (Temporary Use By-Law) - Frank and Janna Bulk, Garden Suite Application (File No. 1601-006-24)

• Moved By Councillor Joann Chechalk
  1. That Technical Report PD-31-2024 titled, “Application for Zoning By-Law Amendment (Temporary Use By-Law) – Frank and Janna Bulk, Garden Suite Application (File No. 1601-006-24)” dated July 15 2024, be received; and
  2. That a recommendation report be submitted to a future Planning/Building/Environmental Committee meeting once a full staff and agency review has been completed.

3.

Township of West Lincoln Heritage Committee

Re:  Minutes of September 28, 2023; January 18, 2024; January 25, 2024
Confidential Minutes Under Separate Cover

• Moved By Councillor William Reilly
  1. That the minutes relating to the the September 28, 2023 West Lincoln Heritage Committee Meeting be received for information.
  2. That the confidential minutes relating to the closed session January 18, 2024 West Lincoln Heritage Committee Meeting be received for information; and that the minutes remain confidential and restricted from public disclosure in accordance with exemptions provided in Section 239 of the Municipal Act.
  3. That the minutes relating to the the January 25, 2024 West Lincoln Heritage Committee Meeting be received for information.

13.2

Administration/Finance/Fire Committee 

1.

Acting Director of Legislative Services/Clerk (Justin Paylove)

Re:  Report C-02-2024 - Options relating to filling the vacancy of the Office for one (1) Councillor position for Ward Three (3)

• Moved By Councillor Jason Trombetta
  1. That Recommendation Report C-02-2024 titled, “Options relating to filling the vacancy of the Office for one (1) Councillor position for Ward Three (3)”, dated July 15, 2024, be received; and
  2. That the Clerk be given direction that the vacancy of the Office for one (1) Councillor position for Ward Three (3) for the remainder of the 2022-2026 term of Council be filled through option # ___________, as detailed herein.

2.

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

Re:  Recommendation Report T-14-2024 - Draft Audited Financial Statements and Audit Findings for Year-End 2023

• Moved By Councillor Shelley Bradaric
  1. That Recommendation Report T-14-2024 titled, “Draft Financial Statements and Audit Findings for Year-End 2023”, dated July 15, 2024, be received; and
  2. That the 2023 Draft Audited Financial Statements, attached as Appendix A to this report, be approved; and
  3. That the 2023 Audit Findings Report, attached as Appendix B to this report, be received.

3.

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

Re:  Recommendation Report T-15-2024 - 2023 Accumulated Surplus

• Moved By Councillor Jason Trombetta
  1. That, Recommendation Report T-15-2024, regarding “2023 Accumulated Operating Surplus”, dated July 15, 2024 be received; and,
  2. That, Council authorizes that $150,000 of the 2023 Accumulated Operating Surplus be used as revenue in the 2025 Operating Budget; and,
  3. That, Council authorizes that $343,980 of the remaining Accumulated Operating Surplus be transferred to the Contingency Reserve.

4.

Fire Chief (Dennis Fisher)

Re:  Information Report WLFD-09-2024 - Monthly Update - June 2024

• Moved By Councillor Shelley Bradaric

  That Information Report WLFD-09-2024 titled, “Monthly Update – June 2024”, dated July 15, 2024, be received for information.

13.3

Public Works/Recreation Committee 

1.

West Lincoln Public Library Board

Re:  Minutes of May 21, 2024

• Moved By Councillor Mike Rehner

  That the minutes relating to the the May 21, 2024 Library Board Meeting be received for information.

2.

Manager of Parks, Recreation & Facilities (Bob Denison) and Director of Public Works & Recreation (Mike DiPaola)

Re:  Recommendation Report REC-06-2024 - Wide Area Mower Replacement Tender Authorization

• Moved By Councillor Jason Trombetta
  1. That Recommendation Report REC-06-2024 titled, “Wide Area Mower Replacement Tender Authorization”, dated July 15, 2024 be received; and
  2. That Council accept the tender submission by Premier Equipment for the supply and delivery of a John Deere 1600 with an enclosed cab, in the amount of $110,439.20 (plus HST).

3.

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

Re:  Recommendation Report PW-19-2024 - Lincoln St., Welland St., & Niagara St., Reconstruction Detail Design - Budget Amendment BA2024-07

• Moved By Councillor Mike Rehner
  1. That Recommendation Report PW-19-2024 titled, “Lincoln St., Welland St., & Niagara St., Reconstruction Detail Design - Budget Amendment BA2024-07”, dated July 15 2024, be received; and
  2. That Budget Amendment BA2024-07, in the amount of $80,000.00, funded through a Transfer from the Capital Reserve, be approved.

14.

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.

15.

NOTICE OF MOTION TO RESCIND

16.

OTHER BUSINESS

16.1

Members of Council

Re: Council Remarks

16.2

Councillor William Reilly

Re:  Improving Assessment Growth & prosperity within the Township of West Lincoln

• 1. That staff are hereby authorized to send a letter to the Region of Niagara and the Province of Ontario; and
  2. That all Regional Councillors, MPPs, and their appropriate staff be included in the correspondence; and
  3. That the letter requests assistance with improving efficiencies with how the Region of Niagara approves it's planning applications for developments happening within the Township of West Lincoln; and
  4. That it further be requested that the Region of Niagara and the Province of Ontario provide urgent and immediate financial assistance to support all costs associated with resolving the infrastructure constraints which is preventing the development of lands intended for housing within the urban boundary areas in the Township of West Lincoln. 

17.

NEW ITEMS OF BUSINESS

18.

CONFIDENTIAL MATTERS

• Moved By Councillor William Reilly

  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 Public Works & Recreation (Mike DiPaola)
  Re:  Potential Facility Lease Contract Proposal

  Applicable closed session exemption(s):

  • Personal matters about an identifiable individual, including municipal or local board employees; and,

  • A plan or instruction to be applied to negotiations.

  18.2 Councillor Mike Rehner
  Re:  Vacation Accrual 
  FOR DISCUSSION

  Applicable closed session exemption(s):

  • Personal matters about an identifiable individual, including municipal or local board employees.

18.1

Director of Public Works & Recreation (Mike DiPaola)

Re:   Potential Facility Lease Contract Proposal

18.2

Councillor Mike Rehner

Re:  Vacation Accrual 
FOR DISCUSSION

19.

BY-LAWS

• Moved By Councillor Mike Rehner
  1. That leave be granted to introduce By-Laws 2024-49 and 2024-50, 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.

19.1

BY-LAW 2024-49

A By-Law to appoint a Chief Building Official and Inspectors for the Township of West Lincoln.

19.2

BY-LAW 2024-50

A By-Law to adopt, confirm and ratify matters dealt with by Council Resolution.

20.

ADJOURNMENT

The Chair to declare this meeting adjourned.