THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA

MEETING NO. TWO

Monday, January 29, 2024 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

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 Shelley Bradaric

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.

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.

7.

APPOINTMENTS/PRESENTATIONS

7.1

John Netherway, Board of Director - Alzheimer Society of Niagara Region

Re:  Alzheimer Awareness Month
POWERPOINT PRESENTATION

7.2

Elisabeth Zimmermann, Executive Director - YWCA Niagara Region

Re:  Coldest Night of the Year West Niagara

8.

REGIONAL COUNCILLOR’S REMARKS

9.

CONFIRMATION OF MINUTES

9.1

Council Meeting - Regular

Re:  Minutes - December 11, 2023
Confidential Minutes Under Separate Cover

• Moved By Councillor Mike Rehner
  1. That, the minutes of the open session portion of the December 11, 2023 regular Council 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 December 11, 2023 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.

9.2

Public Meeting Under the Planning Act

Re:  January 15, 2024

• Moved By Councillor William Reilly
  1. That, the minutes of the public meeting held on January 15, 2024 under Section 34 of the Planning Act with respect to:

  1. 1. Zoning By-law Amendment  - 4813 Canborough Road (Ben and Pam Heaslip) (File No. 1701-003-23OPA & 1601-004-23 ZBA); and,
     2. Zoning By-law Amendment - 5909 Regional Road 20 (Sharon and John Molnar) (File No.: 1601-009-23); and,
     3. Zoning By-law Amendment - 9127 Regional Road 20 (Larry Pomerantz) (File No.: 1601-010-23)

  be accepted.

9.3

Public Meeting - Street Naming for Thrive Subdivision (Marz Homes)

Re:  Minutes of January 15, 2024

• Moved By Councillor Joann Chechalk

  That, the minutes of the Public Meeting held on January 15, 2024 with respect to the street naming for two private streets within Marz Homes Thrive Subdivision, pursuant to the Township’s Procedure By-law (2003-48), as amended, be accepted.

10.

COMMUNICATIONS

10.1

Councillor William Reilly

Re:  Support of Resolution from the Town of Lincoln calling for a provincial commitment to provide municipalities necessary infrastructure funding to support housing as a result of the impacts of Bill 23 and other legislation.

• Moved By Councillor William Reilly

  That, the correspondence received from Julie Kirkelos, Town Clerk of the Town of Lincoln , dated December 14, 2023, be received and supported. 

11.

MAYOR’S REMARKS

12.

REPORT OF COMMITTEE

12.1

All Committees Meeting (Including Public Meetings)

Re:  Minutes - January 15, 2024
Confidential Minutes under Separate Cover

• Moved By Councillor Shelley Bradaric
  1. That, the minutes of the open session portion of the January 15, 2024 All Committees Meeting (Including Public Meetings), 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 15, 2024 All Committees Meeting (Including Public Meetings) 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

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 Jason Trombetta
  1. That, leave be granted to introduce By-laws # 2024-01, 2024-02, 2024-03, 2024-04, 2024-05, 2024-06 and 2024-07 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.

SUMMARY OF BY-LAWS

17.1

BY-LAW 2024-01

By-law to adopt, confirm and ratify matters dealt with by Council resolution.

17.2

BY-LAW 2024-02

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 2024-03

Being a By-law to establish Parts 1 and 2 on Reference Plan No. 30R-16079 on Concession 3 Road as public highway, in the former Township of Caistor, now Township of West Lincoln, Regional Municipality of Niagara.

17.4

BY-LAW 2024-04

Being a By-law to establish Part 1 on Reference Plan No. 30R-16164 on Concession 3 Road as public highway, in the former Township of Caistor, now Township of West Lincoln, Regional Municipality of Niagara.

17.5

BY-LAW 2024-05

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

17.6

BY-LAW 2024-06

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

17.7

BY-LAW 2024-07

Being a By-law to appoint an Acting Clerk for the Corporation of the Township of West Lincoln (Nancy Fiorentino).

18.

CONFIDENTIAL MATTERS

• Moved By Councillor Joann Chechalk

  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 Legislative Services/Clerk (Jessica Dyson)
  Re: Personnel Matter - CAO Recruitment Process
  FOR DISCUSSION

  Applicable closed session exemption(s):

  • personal matters about an identifiable individual, including municipal or local board employees;
  • labour relations or employee negotiations

  18.2  Director of Legislative Services/Clerk (Jessica Dyson)
  Re: Personnel Matter - Identifiable Individual
  FOR DISCUSSION

  Applicable closed session exemption(s):

  • personal matters about an identifiable individual, including municipal or local board employees;
  • labour relations or employee negotiations
  • Advice that is subject to Solicitor-Client Privilege, including communications necessary for that purpose;
• Moved By Councillor Shelley Bradaric

  That, this Council meeting now resume in open session at the hour of 8:41 p.m.

18.1

Director of Legislative Services/Clerk (Jessica Dyson)

Re: Personnel Matter - CAO Recruitment Process
FOR DISCUSSION

• Moved By Councillor William Reilly

  That, Ms. Donna DeFilippis, Director of Finance/Treasurer, be appointed as Interim Chief Administrative Officer (CAO), commencing Tuesday, January 30th, 2024 until a permanent CAO has been appointed, or until July 31st, 2024 (approximately 6 months), whichever may come first.

18.2

Director of Legislative Services/Clerk (Jessica Dyson)

Re: Personnel Matter - Identifiable Individual
FOR DISCUSSION

19.

ADJOURNMENT

The Mayor declared this meeting adjourned at the hour of 8:45 p.m.