THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA

MEETING NO. SIX

Monday, March 27, 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" - Cairn Christian School

1. Prior to commencing with the Council agenda, Mayor Ganann will read the following announcements:
   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 [e-mail] 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. This meeting will be livestreamed. The link to watch the meeting live can be found on the Township's website by selecting the "Township Office" tab at the top of the website, then clicking the Council or Standing Committee meetings tab and scroll down the meeting list to find the link.
4. This meeting will be recorded and will be available to view by clicking the meeting video link found on the Township's website within 48 hours after the meeting unless otherwise noted.

2.

LAND ACKNOWLEDGEMENT STATEMENT

Mayor Ganann will read the following 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 Joann Chechalk 

4.

CHANGE IN ORDER OF ITEMS ON AGENDA

5.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

5.1

March 20, 2023 - Administration/Finance/Fire Committee - Item A19-23 Recommendation Report No. T-08-2023 Operating and Capital Budget Final Report

Councillor Reilly declared a perceived conflict of interest/pecuniary interest with respect to Item A19-23 Staff Report T-08-2023 Operating and Capital Budget Final Report, specifically with respect to the following:

1. The West Lincoln Public Library Board - his wife is a member of the West Lincoln Public Library Board; and,
2. McNally House Hospice Fundraising Request - Councillor Reilly was being considered for the applointment on their Board of Directors; and,
3. Paving of Vaughan Road from Caistor Gainsborough Townline Road to Wellandport Road - Councillor Reilly has a colleague that lives on this road.

6.

APPOINTMENTS/PRESENTATIONS

6.1

Township Consultants - Master Community Plan

1. Aaron Farrell, Senior Associate – Water Resources - Subwatershed and Stormwater Management Project Manager, WSP Environment & Infrastructure Canada Limited
   Re:  Subwatershed Study and Stormwater Master Plan for Infilling and Intensification in existing Smithville
2. Edward Stubbing, Department Manager ITS Emerging Technologies, Canada, AECOM
   Re:  Transportation Master Plan
3. Benny Wan, Senior Technical Director Hydraulics, AECOM
   Re:  Water/Wastewater Master Plan
4. Karl Grueneis, Senior Environmental Planner, AECOM
   Re:  Integrated Master Plan Report

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.

1.    The Mayor to inquire if the IT Help Desk Analyst was aware if there were any members of the public who were in attendance virtually on the Zoom meeting call who wished to address a specific item on tonight's Council agenda, as permitted under Section 6.7 of the Procedural By-law.

2.    The Mayor to inquire if the Director of Legislative Services/Clerk had received any emails or correspondence from a member of the public prior to 4:30 p.m. today who wished to address a specific item on tonight's Council agenda, as permitted under Section 6.7 of the Procedural By-law.

8.

OTHER BUSINESS

8.1

Coordinator of Engineering Services (Jennifer Bernard) and Director of Public Works & Recreation (Mike DiPaola)

Re:  Recommendation Report No. PW-10-2023 - Transportation, Water and Wastewater, Subwatershed and Stormwater Master Plans for Endorsement, prepared as part of the Master Community Plan

• Moved By Councillor Terry Bell
  1. That, Recommendation Report PW-10-2023, regarding “Transportation, Water and Wastewater, Subwatershed and Stormwater Master Plans for Endorsement, prepared as part of the Master Community Plan” dated March 27, 2023 be received; and,
  2. That, the Township Council endorse the Transportation Master Plan, Water and Wastewater Master Servicing Plan, Subwatershed Study and Stormwater Master Plan for Infill and Intensification Areas, prepared as part of the Master Community Plan; and,
  3. That, subject to Niagara Region Council Notice of Approval of Official Plan Amendment 62 and 63, the Township Council endorse the issuance of the MCEA Notice of Completion.

9.

REGIONAL COUNCILLOR’S REMARKS

10.

CONFIRMATION OF MINUTES

10.1

Council Minutes - Regular

Re:  February 27, 2023
NOTE:  Confidential Minutes Under Separate Cover

• Moved By Councillor Shelley Bradaric
  1. That, the minutes of the open session portion of the February 27, 2023 regular Council meeting be accepted; and,
  2. That, the confidential minutes relating to the closed session portion of the February 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.

10.2

Council Minutes - Special

Re:  March 1, 2023
Confidential Minutes Under Separate Cover

• Moved By Councillor Joann Chechalk
  1. That, the minutes of the open session portion of the March 1, 2023 special Council meeting be accepted; and,
  2. That, the confidential minutes relating to the closed session portion of the March 1, 2023 special 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.

11.

COMMUNICATIONS

There are no communications.

12.

MAYOR’S REMARKS

13.

REPORT OF COMMITTEE

13.1

Planning/Building/Environmental Committee 

Re:  Minutes - March 6, 2023
NOTE:  Confidential Minutes Under Separate Cover

• Moved By Councillor William Reilly
  1. That, the minutes of the open session portion of the March 6, 2023 Planning/Building/ Environmental Committee meeting, be accepted, and the recommendations contained therein, be approved;
     with the exception of Item#(s)_______________; and,
  2. That, the confidential minutes relating to the closed session portion of the March 6, 2023 Planning/Building/Environmental Committee meeting be accepted; and that the minutes remain confidential and restricted from public disclosure in accordance with Section 239 of the Municipal Act.

13.2

Administration/Finance/Fire Committee 

Re:  Minutes - March 20, 2023 
NOTE:  Confidential Minutes Under Separate Cover

NOTE: ITEM A19-23 - Recommendation Report T-08-2023 Operating and Capital Budget Final Report - Councillor Reilly Perceived Conflict Item

• Councillor William Reilly declared a conflict on this item. (Councillor Reilly declared a perceived conflict of interest/pecuniary interest with respect to Item A19-23 Staff Report T-08-2023 Operating and Capital Budget Final Report, specifically with respect to the following: The West Lincoln Public Library Board - his wife is a member of the West Lincoln Public Library Board; and, McNally House Hospice Fundraising Request - Councillor Reilly was being considered for the applointment on their Board of Directors; and, Paving of Vaughan Road from Caistor Gainsborough Townline Road to Wellandport Road - Councillor Reilly has a colleague that lives on this road. )

• Moved By Councillor Jason Trombetta
  1. That, the minutes of the March 20, 2023 Administration/Finance/Fire Committee meeting, be accepted, and the recommendations contained therein, be approved; with the exception of Item #s  A19-23(B) and A19-23(C) (Re: Councillor Reilly's Perceived Conflicts), ___________; and,
  2. That, the confidential minutes relating to the closed session portion of the March 20, 2023 Administration/Finance/Fire Committee meeting be accepted; and that the minutes remain confidential and restricted from public disclosure in accordance with Section 239 of the Municipal Act.
• Moved By Councillor Terry Bell

  That, Item A19-23(B) and Item A19-23(C) from the March 20, 2023 Administration/Finance/Fire Committee meeting be approved

  ITEM A19-23(B):
  That, due to the perceived conflict of interest declared by Councillor Reilly that Recommendation 8 be extracted from Report No. RFD-T-08-2023 (2023 Budget) and voted separately, which reads as follows:
  8.   That, Council approve debenture financing of $1,200,000 in 2023 in 
        order to finance Capital Project 1024 - Paving of Vaughan Road
        from Caistor Gainsborough Townline Road to Wellandport Road.
  

  ITEM A19-23(C):
  That the following identified items/projects be extracted from the proposed 2023 Budget and voted on separately due to a declared perceived conflict interest (Councillor Reilly):
  1.   West Lincoln Public Library Budget
  2.   McNally House Hospice Financial Request
  

13.3

Public Works & Recreation Committee 

Re:  Minutes - March 20, 2023 

• Moved By Councillor Mike Rehner

  That, the minutes of the open session portion of the March 20, 2023 Public Works & Recreation Committee meeting, be accepted, and the recommendations contained therein, be approved;
  with the exception of Item#(s)_____________.

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

(“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.

16.

OTHER BUSINESS (CONTINUED)

16.1

Senior Planner (Gerrit Boerema) and Manager of Planning (Dave Heyworth)

Re:  Recommendation Report No. PD-15-2023 – Application for Zoning Bylaw Amendment 8535 Twenty Road Bruinsma (File No. 1601-012-22)

• Moved By Councillor Shelley Bradaric
  1. That Recommendation Report PD-15-2023, regarding “Application for Zoning Bylaw Amendment, 8535 Twenty Road, File No. 1601-012-22”, dated March 27th, 2023, be RECEIVED; and,
  2. That, Section 34(17) of the Planning Act apply and that no further public meeting is required, and;
  3. That, the application for Zoning Bylaw Amendment 1601-012-22, BE APPROVED, as shown in Attachment 4 and as modified by Staff, and that staff circulate Notice of Decision in accordance with the Planning Act.

16.2

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)

16.3

Members of Council

Re: Council Remarks

17.

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.

18.

BY-LAWS

• Moved By Councillor Joann Chechalk
  1. That, leave be granted to introduce By-law #s 2023-18, 2023-19, 2023-20, 2023-21, 2023-22, 2023-23, 2023-24, 2023-25, 2023-26, 2023-27, 2023-28 and 2023-29 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 2023-18

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 February, 2023 and its special meeting held on the 1st day of March, 2023, 2023.

18.2

BY-LAW 2023-19

A By-law to provide for paying remuneration and expense allowances to the Members of Council (Repeals By-law 2022-49)

18.3

BY-LAW 2023-20

To appoint Atrayu (Tray) Benish and Dave Lane as Weed Inspectors for the Township of West Lincoln (Repeals By-law 2018-110)

18.4

BY-LAW 2023-21

Being a By-law to appoint Atrayu (Tray) Benish as “Overall Responsible Operator” and Bob Denison as alternate “Overall Responsible Operators” for the Corporation of the Township of West Lincoln (Water and Wastewater) (Repeals By-law 2017-131)

18.5

BY-LAW 2023-22

A By-law to amend Zoning By-law 2017-70, as amended, of the Township of West Lincoln (197 Griffin Street)

18.6

BY-LAW 2023-23

A By-law to amend Zoning By-law 2017-70, as amended, of the Township of West Lincoln (9275 Concession 5 Road)

18.7

BY-LAW 2023-24

A By-law to regulate the delivery of graphic images in the Township of West Lincoln. 

18.8

BY-LAW 2023-25

Being a By-law to amend By-law No. 2020-54, as amended, A By-law to Regulate Size, Use, Location and Maintenance of Signs in the Township of West Lincoln (i.e. Violates any Government of Canada, Provincial, Regional or Township Statue, Regulation or By-law)

18.9

BY-LAW 2023-26

A By-law to authorize the Mayor and Clerk to sign a Lease Agreement between Ken Brunaccioni (Dog Got It – Hot Dog Cart) and the Corporation of the Township of West Lincoln for 2023 and 2024.

18.10

BY-LAW 2023-27

A By-law to authorize an agreement between the Corporation of the Township of West Lincoln and Safetek of the supply of a 2023/2024 Tanker Apparatus

18.11

BY-LAW 2023-28

Being a By-law to amend 2021-84, as amended, a system of Administrative Penalties for Non-Parking Offences within the Township of West Lincoln

18.12

BY-LAW 2023-29

A By-law to amend Zoning By-law 2017-70, as amended, of the Township of West Lincoln. (8535 Twenty Road).

19.

CONFIDENTIAL MATTERS

There are no confidential matters.

20.

ADJOURNMENT

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