THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA

MEETING NO. FIFTEEN

Monday, September 25, 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

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 [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. 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

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

September 11, 2023 - Planning/Building/Environmental Committee Meeting (Appointments) - Item P59-23 - Waiving of Development Fees for Legion Villa

Councillor Bell declared a conflict of interest/pecuniary interest with respect to Item P59-23 - Waiving of Development Fees for Legion Villa, as he sits on the Legion Villa Board.

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.

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.

7.

APPOINTMENTS/PRESENTATIONS

There are no appointments/presentations.

8.

REGIONAL COUNCILLOR’S REMARKS

9.

CONFIRMATION OF MINUTES

9.1

Special Council - Joint Special Meeting of the Councils of: Township of West Lincoln, Town of Lincoln and Town of Grimsby

Re:  Minutes - August 9, 2023

• Moved By Councillor Shelley Bradaric

  That, the minutes of the August 9, 2023 Special Council Meeting (Joint Special Council Meeting of the Councils of: Township of West Lincoln, Town of Lincoln and Town of Grimsby), be accepted.

   

9.2

Council (All Committee) Minutes - Regular

Re:  August 14, 2023

• Moved By Councillor Joann Chechalk

  That, the minutes of the open session portion of the August 14, 2023 regular Council (All Committees) meeting be accepted.

9.3

Public Meeting Under the Planning Act

Re:  September 11, 2023

• Moved By Councillor Terry Bell

  That, the minutes of the public meeting held on September 11, 2023 under Section 34 of the Planning Act, with respect to Zoning Bylaw Amendment - Henry and Lisa Van Ryn - 8248 Concession 3 Road (File No. 1601-006-23), be accepted.

10.

COMMUNICATIONS

10.1

Heather Vitucci, Business and Support Services (City of Hamilton)

Re:  City of Hamilton Notification Letter to Launch 311 Telecom Service

• Moved By Councillor Jason Trombetta

  That, the correspondence received from Heather Vitucci, Business and Support Services from the City of Hamilton regarding the City of Hamilton's Notification Letter to Launch 311 Telecom Service, dated September 14, 2023, be received and ...

11.

MAYOR’S REMARKS

12.

REPORT OF COMMITTEE

12.1

Planning/Building/Environmental Committee 

Re:  Minutes - September 11, 2023
Confidential Minutes Provided Under Separate Cover

• Councillor Terry Bell declared a conflict on this item. (Councillor Bell declared a conflict of interest/pecuniary interest with respect to Item P59-23 - Waiving of Development Fees for Legion Villa, as he sits on the Legion Villa Board.)

• Moved By Councillor William Reilly
  1. That, the minutes of the open session portion of the September 11, 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 September 11, 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.

12.2

Public Works & Recreation Committee 

• Moved By Councillor Mike Rehner

  That, the minutes of the September 18, 2023 Public Works & Recreation Committee meeting, be accepted, and the recommendations contained therein, be approved;
  with the exception of Item#(s) __________.

12.3

Administration/Finance/Fire Committee 

• Moved By Councillor Jason Trombetta
  1. That, the minutes of the open session portion of the September 18, 2023 Administration/Finance/Fire 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 September 18, 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.

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

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 Planning & Building (Brian Treble)

Re:  Recommendation Report PD-47-2023 - 167 St. Catharine Street Draft Plan of Condominium Extension Approval - 1 Year (File No. 2100-086-17)
Referred Item from September 11, 2023 Planning/Building/Environmental Committee Meeting

• Moved By Councillor William Reilly
  1. That, report PD-47-2023, regarding “Recommendation Report, 167 St. Catharine Street Draft Plan of Condominium Extension Approval, File No. 2100-086-17” dated September 11, 2023, be received; and,
  2. That, the Draft Plan approval for 167 St. Catharine Street BE EXTENDED for a period of one year, to expire on May 25, 2024, subject to the conditions found at Attachment 2 to this report; and,
  3. That, a notice of extension be circulated to relevant agencies and departments.

15.3

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 Shelley Bradaric
  1. That, leave be granted to introduce By-law #s 2023-65, 2023-66, 2023-67, 2023-68, 2023-69, 2023-70, and 2023-71 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 2023-65

A By-law to confirm the proceedings of the Council of the Corporation of the Township of West Lincoln at its Special Council held on the 9th day of August, 2023 and at its regular meeting held on the 14th day of August, 2023.

17.2

BY-LAW 2023-66

Being a By-law to amend By-law 2023-03 which confirmed various appointments and/or recommendations for appointments to Boards, Committees & Municipal positions. 

17.3

BY-LAW 2023-67

Being a By-law to amend schedule A of By-law 2023-05 which provided for appointments to the Township of West Lincoln Public Library Board.

17.4

BY-LAW 2023-68

A By-law to amend Zoning By-law No. 2017-70, as amended, of the Township of West Lincoln.

17.5

BY-LAW 2023-69

A By-law to authorize the removal of the previously registered development agreement (RO697920) from title on lands legally described as PT of North half of Lot 31, Conc. 6, Gainsborough as in RO818154, (pin 46077-0291) in the former Township of Gainsborough, now in the Township of West Lincoln.

17.6

BY-LAW 2023-70

A By-law to amend By-law 97-2020, as amended, being a by-law to authorize certain parking, standing or stopping of vehicles operated by or conveying physically handicapped persons on any highway and to authorize and require the provision of designated parking spaces for the sole use of vehicles operated by or conveying physically handicapped persons.

17.7

BY-LAW 2023-71

A By-law to authorize an agreement between the corporation of the Township of West Lincoln and Ontario Construction Inc. for the East Chippawa Road Slope Failure and Concrete Box Culvert emergency repair.

18.

CONFIDENTIAL MATTERS

There are no confidential matters.

19.

ADJOURNMENT