THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA

MEETING NO. EIGHT

Monday, June 26, 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 agenda, Mayor Ganann will read the following announcements:

1. Councillor Terry Bell has provided notice that he will be unable to attend this evening's Council Meeting.
2. 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.
3. 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.
4. 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.
5. 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 Jason Trombetta

4.

CHANGE IN ORDER OF ITEMS ON 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.

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.
3. The Mayor to inquire if there were anyone present at this evening's meeting 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

7.1

Suzanne Gibson, Suzanne Gibson & Associates

Re:  PowerPoint Presentation - 2023-2026 Corporate Strategic Plan
POWERPOINT ATTACHED 
NOTE:  Refer to Other Business (Item 1) being Report No. RFD-CAO-02-2023 - 2023-2026 Corporate Strategic Plan

7.2

Steven Soos

Re:  Request to Endorse Resolution to Declare a State of Emergency on Mental Health, Homelessness and Addiction 

• Moved By Councillor Shelley Bradaric

  WHEREAS, the Niagara Region, City of St. Catharines, City of Thorold, City of Niagara Falls, City of Welland, Town of Grimsby and City of Hamilton have declared states of emergencies on mental health, homelessness, housing affordability and/or addiction; and

  WHEREAS, the Township of West Lincoln endorses Niagara Region’s declaration of a federal humanitarian crisis on homelessness in Niagara; and,

  WHEREAS, the Township of West Lincoln endorse the Town of Grimsby’s motion declaring a housing affordability emergency; and,

  WHEREAS, the Township of West Lincoln endorse the City of St. Catharines’ motion of condemning the discrimination of the mentally ill, homeless and addiction; and,

  WHEREAS, the Township of West Lincoln supports the West Lincoln Public Libraries to highlight and showcase more literature on Indigenous wellness; and, 

  WHEREAS, the Township of West Lincoln supports Steven Soos' initiative for an Indigenous mobile mental health crisis unit pilot project for the Niagara Region; and, 

  THEREFORE BE IT RESOLVED THAT, the Township of West Lincoln declare a state of emergency and crisis on mental health, homelessness, addiction and housing affordability; and,

  BE IT FURTHER RESOLVED THAT, travel to other cities for services continues to be a challenge for several West Lincoln residents and as such the Township of West Lincoln request more funding for the West Lincoln Memorial Hospital, in order for the hospital to be fully staffed/functional hospital with built-in mental health and addiction services; and,

  BE IT FURTHER RESOLVED THAT, the Township of West Lincoln advocate for the establishment of an emergency domestic abuse shelter servicing Niagara West and research interested organizations willing to deliver this service locally; and, 

  BE IT FURTHER RESOLVED THAT, the Township of West Lincoln request that Sam Oosterhoff, MPP for Niagara West approach the Provincial Minister’s Michael Kerzner (Solicitor General), Michael Tobollo (Associate Minister- Mental Health and Addiction), Sylvia Jones (Health) and Steve Clark (Municipal Affairs and Housing) to discuss assistance for the priorities identified in this motion; and,

  BE IT FURTHER RESOLVED THAT, the Township of West Lincoln request MP Dean Allison to approach the Federal Ministers Carolynn Bennett (Mental health and addictions), Ahmed Hussen (Diversity and Housing), Chrystia Freeland (Finance), and Mona Fortier (Treasury Board) to request Federal support for Niagara Region's emergency on mental health, homelessness and addiction; and,  

  BE IT FURTHER RESOLVED THAT, all Niagara area municipalities, all Niagara area MPPs, MP’s, Steven Soos, Niagara Health System,  Hamilton Centre, MPP Sara Jama, Hamilton Centre MP, Matthew Green, City of Hamilton, AMO, FCM, Niagara Regional Police Chief, Provincial and Federal Ministers of Housing, Provincial and Federal Ministers of Health, West Lincoln Chamber of Commerce, West Lincoln Community Care, Cathy Turner,  Community Living Grimsby, Lincoln, West Lincoln, YWCA Niagara, Hamilton Health Sciences, Greg Fergus, MP (Parliamentary Secretary Canada), Mona Fortier (President Canada Treasury Board), Stephanie Kusie, Critic for the Federal Treasury Board, Federal Minister of Finance, Chrystia Freeland, Federal Minister of Mental Health and Addiction, Carolynn Bennett, Parliamentary Secretary for Mental Health and Addictions, Elisabeth Briere, Parliamentary Secretary for Mental Health and Addictions, Todd Doherty, Critic for Mental Health, and Laila Goodridge, Critic for Addiction be copied on the resolution.

• Moved By Councillor Shelley Bradaric

  That, the Township of West Lincoln endorse the following Private Member's Bill: 
   (i) Bill C-207 (sponsored by MP Rachel Blaney) - An Act to amend the Canadian Bill of Rights (right to housing). 
  (ii) Bill C-329 (sponsored by MP Heather McPherson) - An Act to establish a national framework respecting attention hyperactivity disorder. 
  (iii) Bill 53 (sponsored by MPP Bhutila Karpoche) - Right to Timely Mental Health and Addiction Care for Children and Youth Act, 2022. 

8.

REGIONAL COUNCILLOR’S REMARKS

9.

CONFIRMATION OF MINUTES

9.1

Council Minutes - Regular

Re: May 23, 2023

• Moved By Councillor Mike Rehner

  That, the minutes of the May 23, 2023 regular Council meeting be accepted.

10.

COMMUNICATIONS

10.1

Karen Usick, Hepatitis C Care Clinic, Community Coordinator, Niagara Health System/Addiction Services

Re:  Support to Declare July 28th World Hepatitis Day in the Township of West Lincoln

• Moved By Councillor William Reilly

  WHEREAS, approximately 204,000 Canadians are living with hepatitis C and over 250,000 people are living with hepatitis B;
  WHEREAS, people living with hepatitis B and C have an increased risk of developing cirrhosis, liver failure and related illnesses;
  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;
  THEREFORE, the Council of the Township of West Lincoln hereby declares July 28th, 2023 World  Hepatitis Day in West Lincoln and that Mayor Ganann be and is hereby authorized to forward correspondence to the Niagara Health System, Addiction Services advising of our support. 

10.2

Tom Jacobs, Rocket Fireworks Inc.

Re: Request for Fireworks Display at 2433 Port Davidson Road - August 19, 2023

• Moved By Councillor Jason Trombetta

  That, the request received from Tom Jacobs, for Rocket Fireworks to host a fireworks display on August 19, 2023 at 2433 Port Davidson Road, Smithville, be approved.

11.

MAYOR’S REMARKS

12.

REPORT OF COMMITTEE

12.1

Planning/Building/Environmental Committee 

Re:  June 12, 2023 
Confidential Minutes Under Separate Cover

• Moved By Councillor William Reilly

  1.    That, the minutes of the open session portion of the June 12, 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 June 12, 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

Administration/Finance/Fire Committee 

Re:  Minutes - June 19, 2023
Confidential Minutes Under Separate Cover

• Moved By Councillor Jason Trombetta

  1.    That, the minutes of the open session portion of the June 19, 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 June 19, 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.

12.3

Public Works/Recreation/Arena Committee 

Re:  Minutes - June 19, 2023

• Moved By Councillor Mike Rehner

  That, the minutes of the open session portion of the June 19, 2023 Public Works & Recreation Committee 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.

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

Communications Specialist (Beth Audet) & CAO (Bev Hendry)

Re:  Recommendation Report No. CAO-02-2023 - 2023-2026 Corporate Strategic Plan

• Moved By Councillor William Reilly
  1. That, Recommendation Report CAO-02-2023 regarding the 2023-2026 Corporate Strategic Plan, dated June 26, 2023, be received and approved; and,
  2. That, Vision Option __ as outlined in the report be approved; and,
  3. That, Mission Option __ as outlined in the report be approved; and,
  4. That, the Corporate Strategic Plan attached as Schedule A to this report be adopted and hereby implemented.

15.2

Manager of Finance/Deputy Treasurer (Katelyn Hall) & Directorof Finance/Treasurer (DonnaDeFilippis)

Re:  Recommendation Report No. T-16-2023 - Draft Audited Financial Statements and Audit Findings for Year-End 2022

• Moved By Councillor Jason Trombetta
  1. That, Recommendation Report T-16-2023 regarding the “Draft Financial Statements and Audit Findings for Year-End 2022”, dated June 26, 2023, be received; and,
  2. That, the 2022 Draft Audited Financial Statements, attached as Appendix A to this report, be approved; and,
  3. That, the 2022 Audit Findings Report, attached as Appendix B to this report, be received.

15.3

TABLED ITEM (March 28, 2023 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)

15.4

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 Joann Chechalk
  1. That, leave be granted to introduce By-law #s 2023-39, 2023-40, 2023-41, 2023-42, 2023-43, 2023-44, 2023-45, 2023-46, 2023-47, 2023-48, 2023-49, 2023-50 and 2023-51, 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 2023-39

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 23rd day of May, 2023.

17.2

BY-LAW 2023-40

A By-law to appoint a Clerk (Jessica Dyson) for the Township of West Lincoln.

17.3

BY-LAW 2023-41

A By-law to authorize the Mayor and Clerk to sign an employment contract on behalf of the corporation of the Township of West Lincoln with Jessica Dyson.

17.4

BY-LAW 2023-42

A By-law to appoint a Deputy Clerk (Joanne Scime) for the Township of West Lincoln.

17.5

BY-LAW 2023-43

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

17.6

BY-LAW 2023-44

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.

17.7

BY-LAW 2023-45

A By-law to authorize a collective agreement between the corporation of the Township of West Lincoln and the Canadian Union of Public Employees C.L.C and its local 1287 (West Lincoln Township unit).

17.8

BY-LAW 2023-46

A By-law to authorize a pre-servicing agreement with P. Budd Developments Inc. on lands described as Plan M94 Lot 1 Plan 30M300, PT Lots 12 and 13 and RP30R15516, Parts 1 and 2 (Station Meadows West Subdivision); West Lincoln.

17.9

BY-LAW 2023-47

A By-law to approve amendment No. 65 (to amend Section 18 (implementation) of the Township of West Lincoln Official Plan to address provincial changes including Bill 109 and Bill 23) to the Official Plan for the Township of West Lincoln.

17.10

BY-LAW 2023-48

A By-law to amend By-law 2021-84, as amended, which allows the Township to enforce and seek compliance with designated By-laws or portions thereof through an Administrative Monetary Penalty System (AMPS) in the Township of West Lincoln.

17.11

BY-LAW 2023-49

A By-law to amend By-law 2022-18, which appoints a hearing officer, Janet Rutherford of Rutherford Prosecutions, to conduct the appeal process for Administrative Penalties for Parking and Non-Parking Administrative Monetary Penalties for the corporation of the Township of West Lincoln.

17.12

BY-LAW 2023-50

A By-law to authorize an agreement between the corporation of the Township of West Lincoln and Associated Engineering (ONT.) limited for Barbara St., Brooks Circle watermain replacement.

18.

CONFIDENTIAL MATTERS

There are no confidential matters.

19.

ADJOURNMENT

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