THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA

MEETING NO. THREE

Monday, January 30, 2023 at 5:30 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.

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1.

CONFIDENTIAL MATTERS

• Moved By Councillor Terry Bell

  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:

  1.1  Linda Papadopoulos, Senior Vice President, A.J. Gallagher (formerly Pearson Dunn) & Colin Smith, Regional Manager, Intact Public Entities (formerly Frank Cowan Co.)        
  Re:  Insurance & Risk Management Training
  POWERPOINT PRESENTATION

  Applicable closed session exemption(s):

  • The meeting is held for the purpose of educating or training the members;
  • At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.
• Moved By Councillor Shelley Bradaric

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

1.1

Linda Papadopoulos, Senior Vice President, A.J. Gallagher (formerly Pearson Dunn) & Colin Smith, Regional Manager, Intact Public Entities (formerly Frank Cowan Co.)

Re:  Insurance & Risk Management Training
POWERPOINT PRESENTATION

2.

SINGING OF "O CANADA" - Cairn Christian School

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

1. The public may submit comments for matters that are on the agenda to [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.
2. The meeting will be livestreamed as well as recorded and available on the Township’s website.

3.

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.

4.

OPENING PETITION - Councillor Terry Bell

5.

CHANGE IN ORDER OF ITEMS ON AGENDA

6.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

6.1

January 9, 2023 - Special Council (Citizen and Council Appointments to Boards and Committees) - Item 3.1(7) Age Friendly Advisory Committee Appointments

Mayor Ganann declared a conflict of interest/pecuniary interest with respect to Item 3.1(7) - Age Friendly Advisory Committee Appointments as her husband had applied to sit as a member on the Age Friendly Advisory Committee.

6.2

January 9, 2023 - Special Council (Citizen and Council Appointments to Boards and Committees) - Item 3.1(2) West Lincoln Public Library Board

Councillor Reilly declared a conflict of interest/pecuniary interest with respect to Item 3.1(2) - West Lincoln Public Library Board Appointments as his wife had applied to sit as a member on the West Lincoln Public Library Board.

6.3

January 9, 2023 - Special Council (Citizen and Council Appointments to Boards and Committees) - Item 3.1(9) Mayor's Youth Advisory Committee

Councillor Chechalk declared a conflict of interest/pecuniary interest with respect to Item 3.1(9) - Mayor's Youth Advisory Committee Appointments as her grandnephew had applied to sit as a member on the Mayor's Youth Advisory Committee.

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. Chair to inquire if the IT Manager was aware if there was anyone on the ZOOM meeting that was indicating they wished to provide comments permitted under Section 6.7 of the Procedural By-law.
2. Chair to inquire there any members of the public in attendance in the gallery that wish to provide comments permitted under Section 6.7 of the Procedural By-law and if the Director of Legislative Services/Clerk had received any comments by email from any members of the public.

8.

APPOINTMENTS/PRESENTATIONS

8.1

McNally House Hospice - Pamela Blackwood (Executive Director), Murray Bain (Campaign Co-Chair), & Debbie Zimmerman (Campaign Co-Chair)

Re: McNally House Hospice Expansion Update & Funding Request

• Moved By Councillor Joann Chechalk
  1. That, the McNally House Hospice Presentation which provided an update on the expansion of their facility and financial needs be received; and
  2. That, McNally House Hospice request for financial assistance from the Township of West Lincoln in the amount of $70,000, which can be allocated in four (4) annual installments of $17.5K, in order to facilitate expansion of their facility, be referred for consideration as part of the Township’s 2023 Budget.

9.

REGIONAL COUNCILLOR’S REMARKS

10.

CONFIRMATION OF MINUTES

10.1

Council Minutes - Regular (All Committee)

Re:  December 12, 2022
Confidential Minutes Under Separate Cover

• Moved By Councillor Mike Rehner
  1. That, the minutes of the open session portion of the December 12, 2022 regular Council meeting be accepted; and,
  2. That, the confidential minutes relating to the closed session portion of the December 12, 2022 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

Public Meeting - Site Alteration By-law - Marz Homes (Smithville West) Inc.

Re: Minutes - December 12, 2022

• Moved By Councillor William Reilly

  That, the minutes of the public meeting held on December 12, 2022 with respect to an application for site alteration made by A.J. Clarke and Associates Ltd. on behalf of Marz Homes (Smithville West) Inc.; be accepted.

10.3

Special Council - Citizen and Council Appointments to Boards and Committees

Re: Minutes - January 9, 2023
Confidential Minutes Under Separate Cover

• Mayor Cheryl Ganann declared a conflict on this item. (Mayor Ganann declared a conflict of interest/pecuniary interest with respect to Item 3.1(7) - Age Friendly Advisory Committee Appointments as her husband had applied to sit as a member on the Age Friendly Advisory Committee.)
• Councillor William Reilly declared a conflict on this item. (Councillor Reilly declared a conflict of interest/pecuniary interest with respect to Item 3.1(2) - West Lincoln Public Library Board Appointments as his wife had applied to sit as a member on the West Lincoln Public Library Board.)
• Councillor Joann Chechalk declared a conflict on this item. (Councillor Chechalk declared a conflict of interest/pecuniary interest with respect to Item 3.1(9) - Mayor's Youth Advisory Committee Appointments as her grandnephew had applied to sit as a member on the Mayor's Youth Advisory Committee.)

• Moved By Councillor Jason Trombetta
  1. That, the minutes of the January 9, 2023 Special Council Meeting (Citizen and Council Appointments to Boards and Committees), be accepted; and,
  2. That, the confidential minutes relating to the closed session portion of the January 9, 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.

10.4

Special Council - Budget Training (Reserves, Financial Reporting, Revenue and Debentures)

Re: Minutes - January 18, 2023
Confidential Minutes Under Separate Cover

• Moved By Councillor Joann Chechalk
  1. That, the minutes of the January 18, 2023 Special Council Meeting (Budget Training - Reserves, Financial Reporting, Revenue, and
     Debentures), be accepted; and,
  2. That, the confidential minutes relating to the closed session portion of the January 18, 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

11.1

Niagara 4-H Association - Jonathan Dugdale (Niagara 4-H Leader) and Deanna Bartells (Niagara 4-H Leader)

Re:  Request for West Lincoln Community Centre room rental refund

• Moved By Councillor Shelley Bradaric

  That, the correspondence received from Jonathan Dugdale & Deanna Bartells from the Niagara 4-H Association regarding a request for a West Lincoln Community Centre room rental refund, dated December 7, 2022, be received and...

11.2

Senior Planner (Gerrit Boerema) and Director of Planning & Building (Brian Treble)

Re:  Memorandum - Station Meadows West - P Budd Developments Inc. Changes to Conditions from Recommendation Report No. PD-04-2023

12.

MAYOR’S REMARKS

13.

REPORT OF COMMITTEE

13.1

Planning/Building/Environmental Committee 

Re:  Minutes - January 16, 2023

• Moved By Councillor William Reilly
  1. That, the minutes of the open session portion of the January 16, 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 January 16, 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.

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

16.1

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)

16.2

Acting Fire Chief (Tim Hofsink)

Re:  Information Report No. WLFD-01-2023 - Monthly Update December 2022

• Moved By Councillor Terry Bell
  1. That, Information Report WLFD-01-2023 regarding “Monthly Update – December 2022”, dated January 30, 2023, be received for information purposes.

16.3

Acting Fire Chief (Tim Hofsink)

Re: Recommendation Report WLFD-02-2023 - Annual Review of the Township’s Health & Safety Policy Statement

• Moved By Councillor Joann Chechalk
  1. That, report WLFD-02-2023 regarding “Annual Review of the Township’s Health & Safety Policy Statement”, dated January 30, 2023 be accepted, and,
  2. That Council adopt a bylaw to establish a Municipal Health and Safety Statement for the Corporation of the Township of West Lincoln and that By-Law 2022-03 be repealed.

16.4

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

Re:  Recommendation Report T-01-2023 - Appointment of Township Auditors

• Moved By Councillor Mike Rehner
  1. That, Recommendation Report T-01-2023, dated January 30, 2023, regarding “Appointment of Township Auditors”, be received; and,
  2. That, KPMG LLP be appointed as the municipal auditor for a five-year term, commencing with the audit of the year ending December 31, 2022; and,
  3. That, a by-law be presented to Council to appoint KPMG LLP as municipal auditor for a five-year term, commencing with the audit of the year ending December 31, 2022.

16.5

Treasurer/Director of Finance (Donna DeFilippis)

Re:  Information Report T-02-2023 - 2023 Interim Tax Bylaw

• Moved By Councillor William Reilly

  That, Information Report T-02-2023 regarding the “2023 Interim Tax Bylaw”, dated January 30, 2023, be received for information.

16.6

Elections Assistant (Justin Paylove) & Director of Legislative Services/Clerk (Joanne Scime)

Re:  Recommendation Report C-01-2023 - Update to Report No. C-07-2022 Regarding Non-Resident Hunting Licences

• Moved By Councillor Jason Trombetta
  1. That, Recommendation Report C-01-2023 regarding “Regulation of Small Game Hunting By-law (Pheasant and Rabbit Hunting) in the Township of West Lincoln” dated January 30, 2023, be received; and,
  2. That, the Ministry of Natural Resources and Forestry be advised of the Township of West Lincoln request to repeal By-law 2010-37; and,
  3. Upon written confirmation from the Ministry of Natural Resources and Forestry, that By-law 2010-37 be repealed.

16.7

CAO (Bev Hendry) 

Re: Employment Recognition

1. Jessica Dyson:
   1. Completion of Employment Law & Human Resources for Municipalities (AMCTO)
   2. Completion of Municipal Accounting and Finance Program Unit 1 (AMCTO)
2. Bev Hendry:
   1. Completion of Primer on Planning (POP) (AMCTO)

16.8

Councillor Terry Bell

Re:  Elected Officials Remuneration and Expense Allowance By-law
FOR DISCUSSION

16.9

Councillor Mike Rehner

Re:  Illumination at Regional Road 20 & Caistor Centre Road
FOR DISCUSSION

16.10

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 Terry Bell
  1. That, leave be granted to introduce By-law #s 2023-01, 2023-02, 2023-03, 2023-04, 2023-05, 2023-06, 2023-07, 2023-08 and 2023-09 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 2023-01

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 12th day of December, 2022 and its special meetings held on the 9th  and 18th day of January, 2023

18.2

BY-LAW 2023-02

A By-law to establish a Municipal Health and Safety Policy statement for the Corporation of the Township of West Lincoln

18.3

BY-LAW 2023-03

Being a By-law to confirm various Appointments and/or Recommendations for Appointments to Boards, Committees & Municipal Positions 

18.4

BY-LAW 2023-04

By-law to delegate powers and duties to the Director of Planning and Building as authorized under Section 23.1 of the Municipal Act in order to execute agreements made under various sections of the planning act.

18.5

BY-LAW 2023-05

Being a By-law to amend Schedule A of By-law 2008-79 which provided for appointments to the Township of West Lincoln Public Library Board

18.6

BY-LAW 2023-06

A By-law to establish a Court of Revision under the provisions of the Drainage Act, R.S.O. 1990, Chapter D.17.

18.7

BY-LAW 2023-07

A By-law to appoint Stock Valuers in the Township of West Lincoln for the term of 2022-2026 or until their successors are appointed.

18.8

BY-LAW 2023-08

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.

18.9

BY-LAW 2023-09

Being   a   By-law   to   amend   By-law   2018-108, as amended, which appoints a Committee of Adjustment, delegates the authority for considering applications for minor variances and consents, provides for compensation for the members of the Committee of Adjustment, adopts policies, procedures and conditions for the operation of the Committee of Adjustment, and establishes a tariff of fees under the Planning Act.

19.

ADJOURNMENT

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