THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA 

MEETING NO. EIGHT

Tuesday, May 25, 2021 at 6:15 P.m. - 7:15 P.m.

Township Administration Building

318 Canborough Street, Smithville, Ontario

** NOTE TO MEMBERS OF THE PUBLIC: Due to efforts to contain the spread of COVID-19 and to protect all individuals, the Council Chamber will not be open to the public to attend Council meetings until further notice.**
Submission of Public Comments/Virtual Attendance: The public may submit comments for matters that are on the agenda or request to attend the virtual meeting as "Attendees" by emailing [e-mail] by 4:30 pm on May 25, 2021. Email comments submitted will be considered as public information and read into public record. The meeting will be recorded and available on the Township’s website within 48 hours of the meeting, unless otherwise noted.

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1.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST (CONFIDENTIAL MATTERS)

2.

CONFIDENTIAL MATTERS

• Moved By Councillor Shelley Bradaric

  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:
  (a) Township Solicitor (David Willer), CAO (Bev Hendry) & Treasurer/Director of Finance (Donna DeFilippis)
  Re: Legal Matters - Niagara Peninsula Energy Incorporated and Peninsula West Power Incorporated
  Applicable closed session exemption(s):
  - The security of the property of the municipality;
  - Personal matters about an identifiable individual, including municipal employees;
  - Information (e.g., a trade secret or scientific, technical, commercial, or financial information) that belongs to the municipality and has monetary value.

• Moved By Councillor Cheryl Ganann

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

2.1

Township Solicitor (David Willer), CAO (Bev Hendry) & Treasurer/Director of Finance (Donna DeFilippis)

Re: Legal Matters - Niagara Peninsula Energy Incorporated and Peninsula West Power Incorporated
VERBAL UPDATE TO BE PROVIDED

3.

SINGING OF "O CANADA"

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

1. Due to efforts to contain the spread of COVID-19 and to protect all individuals, the Council Chamber will not be open to the public to attend Standing Committee and Council meetings until further notice.
2. 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.
3. The meeting will be recorded and available on the Township’s website within 48 hours of the meeting, unless otherwise noted.

4.

OPENING PETITION - Councillor Cheryl Ganann

5.

CHANGE IN ORDER OF ITEMS ON AGENDA

6.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

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.

The Chair is to inquire if there were any members of the public who were in attendance virtually on the ZOOM meeting call that wished to address a specific item on tonight's agenda as permitted by Section 6.7 of the Procedural By-law. If so, please raise your hand in the ZOOM options or unmute yourself and advise that you wish to speak.

The Chair will ask the Clerk if she had received an email or correspondence from a member of the public prior to 4:30 p.m. today, that wished to provide comments to any items on the agenda as permitted by Section 6.7 of the Procedural By-law.

8.

APPOINTMENTS/PRESENTATIONS

8.1

Steven Soos

Re:  Petition e-3351 - Study on national mental health emergency

• Moved By Councillor Harold Jonker
  1. That, the Township of West Lincoln endorse Petition e-3351 calling upon the House of Commons to Launch a Federal study in the Standing Committee on Health (HESA) on the merits of declaring a national emergency on mental health; and,
  2. That, all Niagara area MP's, the Prime Minister of Canada, the Federal Minister of Health, and all members of the Federal HESA (Standing Committee on Health) be copied on this motion.

9.

REGIONAL COUNCILLOR’S REMARKS

10.

CONFIRMATION OF MINUTES

10.1

Council Minutes - Regular

Re: April 26, 2021

• Moved By Councillor William Reilly

  That, the minutes of the open session portion of the April 26, 2021 regular Council meeting be accepted; and,
  That, the confidential minutes relating to the closed session portion of the April 26, 2021 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: May 20, 2021

• Moved By Councillor Mike Rehner

  That, the minutes of the open session portion of the May 20, 2021 regular Council meeting be accepted; and,
  That, the confidential minutes relating to the closed session portion of the May 20, 2021 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.

10.3

Public Meeting Under the Planning Act

Re: May 10, 2021

• Moved By Councillor Jason Trombetta

  That, the minutes of the public meetings held on May 10, 2021 under Section 34 of the Planning Act, with respect to:
  (a) Zoning By-law Amendment - Michael Carlton & Assylgul Kalmukhanova - 6696 Canborough Road (File No. 1601-004-21);
  be accepted.

11.

COMMUNICATIONS

11.1

Niagara Region Waste Management Services

Re:  Memorandum - PWC-C 19-2021 - Every Other Week (EOW) Garbage Collection Diversion Impact Analysis
FOR INFORMATION

12.

MAYOR’S REMARKS

13.

REPORT OF COMMITTEE

13.1

Planning/Building/Environmental Committee 

Re: Minutes of May 10, 2021

• Moved By Councillor William Reilly

  That, the minutes of the open session portion of the May 10, 2021 Planning/ Building/Environmental Committee meeting, be accepted, and the recommendations contained therein, be approved with the exception of Item #(s) P66-21, _________; and, 
  That, the confidential minutes relating to the closed session portion of the May 10, 2021 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.

• Moved By Councillor William Reilly

  That, Item P66-21 (Recommendation Report No. PD-62-2021 - Building Fees By-law Review and Building Department Operational Review – AMENDMENT TO BUDGET) of the May 10, 2021 Planning/Building/Environmental Committee Minutes be approved.

• Moved By Councillor William Reilly

  That, Item P66-21 of the May 10, 2021 Planning/Building/Environmental Committee Meeting regarding Recommendation Report No. PD-62-2021 - Building Fees By-law Review and Building Department Operational Review – AMENDMENT TO BUDGET be amended by removing the amount $14,000 in Recommendation #4 and replacing it with the amount of $17,000.

13.2

Administration/Finance/Fire Committee 

Re: Minutes of May 17, 2021

• Moved By Councillor Jason Trombetta

  That, the minutes of the Administration/Finance/Fire Committee meeting held on May 17, 2021 be accepted and that the recommendations contained therein, be approved with the exception of Item #(s) ____________; and
  That, the confidential minutes relating to the closed session portion of the May 17, 2021 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.

13.3

Public Works/Recreation/Arena Committee 

Re: Minutes of May 17, 2021

• Moved By Councillor Mike Rehner

  That, the minutes of the Public Works/Recreation/Arena Committee meeting held on April 19, 2021 be accepted and that 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

16.1

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 Shelley Bradaric

  That, leave be granted to introduce By-laws # 2021-43, 2021-44, 2021-45, 2021-46, 2021-47, 2021-48, 2021-49, 2021-50, 2021-51, 2021-52, 2021-53, 2021-54 and 2021-55; 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,
  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 2021-43

To Confirm the proceedings of the Council of the Corporation of the Township of West Lincoln at its Regular Meeting held on the 26th day of April, 2021 and its Special Meeting held on the 20th day of May, 2021.

18.2

BY-LAW 2021-44

To adopt the estimates for the year 2021 and to set the Rates of Taxation for the year 2021.

18.3

BY-LAW 2021-45

To authorize the borrowing of money to meet the current expenditures of the Council of the Corporation of the Township of West Lincoln 

18.4

BY-LAW 2021-46

To amend By-law 2011-28 which prescribes a Tariff of Fees for the processing of applications made with respect to Planning Matters, as amended.

18.5

BY-LAW 2021-47

To amend By-law 2002-112 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.

18.6

BY-LAW 2021-48

To amend By-law 2019-83, as amended, under the Building Code Act respecting Construction, Demolition, Change of Use, Occupancy Permits, Transfer of Permits, Inspections and Associated Fees.

18.7

BY-LAW 2021-49

To amend Zoning By-law No. 2017-70, as amended, of the Township of West Lincoln. (P. Budd Developments Inc.)

18.8

BY-LAW 2021-50

To authorize a Site Plan agreement between the Corporation of the Township of the West Lincoln and Ronald Daniel Hlywka for lands described for lands describes as Lot 28 on Plan M-92, in the former Township of South Grimsby, now in the Township of West Lincoln. (103 McMurchie Lane)

18.9

BY-LAW 2021-51

A By-law to authorize an amending Site Plan Agreement with Riverview Poultry Limited., and any Mortgagees, if applicable, on lands described as Concession 8 Part Lot 6, Part of Part 1 of Plan 30R867 and Part 1 of Plan 30R8956; Township of West Lincoln

18.10

BY-LAW 2021-52

A By-law to name a Public Highway in the Township of West Lincoln in the Regional Municipality of Niagara being Regional Road 14 (from Canborough Street to the St. Catharine Street intersection) as Griffin Street South and Regional Road 20 (from CIBC parking lot to the West Street/Station Street Intersection) as Griffin Street North 

18.11

BY-LAW 2021-53

A By-law to authorize a Site Plan Agreement between the Corporation of the Township of West Lincoln and Vuckovic Farms Inc. on behalf of Xplornet for lands describes as Concession 8, Part Lot 36 and 37, in the former Township of South Grimsby, now in the Township of West Lincoln.

18.12

BY-LAW 2021-54

To authorize an agreement between the Corporation of the Township of West Lincoln and Brandt Ltd. for the supply of a Backhoe Loader.

18.13

BY-LAW 2021-55

To authorize an agreement between the Corporation of the Township of West Lincoln and Rush Truck Centres for the supply of One Single Axle and Two Tandem Plow Trucks 

19.

ADJOURNMENT

The Mayor to declare the meeting adjourned at the hour of ___________ pm