THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA

MEETING NO. ELEVEN

Monday, October 23, 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 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 Mike Rehner

4.

CHANGE IN ORDER OF ITEMS ON AGENDA

5.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

5.1

October 16, 2023 - Administration/Finance/Fire Committee Meeting (Confidential Matters) - Item 12.1 Re: Citizen Appointments on Boards and Committees

Councillor Reilly declared a conflict of interest due to a family member applying to sit as a member on the Mayor’s Youth Advisory Committee.

6.

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:

  6.1  Acting Fire Chief (Tim Hofsink) and CAO (Bev Hendry)
  Re:  Fire Station 2 Building - Deficiency List Request from Council
  FOR INFORMATION

  Applicable closed session exemption(s):

  • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
  • advice that is subject to Solicitor-client privilege, including communications necessary for that purpose.
• Moved By Councillor Terry Bell

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

6.1

Acting Fire Chief (Tim Hofsink) and CAO (Bev Hendry)

Re:  Fire Station 2 Building - Deficiency List Request from Council
FOR INFORMATION

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. 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.

8.

APPOINTMENTS/PRESENTATIONS

There are no appointments/presentations.

9.

REGIONAL COUNCILLOR’S REMARKS

10.

CONFIRMATION OF MINUTES

10.1

Public Meeting Under the Planning Act

Re:  Minutes of October 10, 2023

• Moved By Councillor William Reilly

  That, the minutes of the public meeting held on October 10, 2023 under Section 34 of the Planning Act, with respect to Township of West Lincoln Housekeeping Amendments No. 7, be accepted.

10.2

Council Minutes - Regular

Re:  September 25, 2023

• Moved By Councillor Mike Rehner

  That, the minutes of the September 25, 2023 Council meeting be accepted.

11.

COMMUNICATIONS

11.1

Declaration of Intimate Partner Violence as an Epidemic

Re:  Niagara Region - Motion Respecting Recommendations from the Renfrew County Inquest and Declaration of Intimate Partner Violence as an Epidemic

• Moved By Councillor Shelley Bradaric
  1. That, the correspondence received from the Regional Municipality of Niagara regarding the Motion Respecting Recommendations from the Renfrew County Inquest and Declaration of Intimate Partner Violence as an Epidemic, as attached as Schedule A, be received and supported; and,
  2. That, the Township of West Lincoln recognize the issues of gender-based violence and intimate partner violence in Niagara as serious to the health and wellness of local residents and their families; and,
  3. That, the Township of West Lincoln commit to engaging with community partners to educate and support our residents about the seriousness and long-term danger of violence in our communities; and,
  4. That, the Township of West Lincoln declare, in accordance with Recommendation #5 of the Niagara Region request, that intimate partner violence and gender-based violence are an epidemic; and,
  5. That, a copy of this motion be sent to each of Niagara’s 12 Local Area Municipalities; The Honourable Arif Virani, Minister of Justice; The Honourable Doug Ford, Premier of Ontario; The Honourable Charmaine A. Williams, Associate Minister of Women’s Social and Economic Opportunity; The Honourable Parm Gill, Minister of Red Tape Reduction; Niagara four MPs; Niagara’s four MPPs; the Association of Municipalities of Ontario (AMO); the Federation of Canadian Municipalities (FCM); Mayors and Regional Chairs of Ontario (MARCO); and Ontario’s Big City Mayors (OBCM).

12.

MAYOR’S REMARKS

13.

REPORT OF COMMITTEE

13.1

Planning/Building/Environmental Committee 

Re:  Minutes - October 10, 2023

• Moved By Councillor William Reilly

  That, the minutes of the October 10, 2023 Planning/Building/Environmental Committee meeting, be accepted, and the recommendations contained therein, be approved;
  with the exception of Item#(s) __________

13.2

Public Works & Recreation Committee 

Re:  Minutes - October 16, 2023

• Moved By Councillor Mike Rehner

  That, the minutes of the October 16, 2023 Public Works & Recreation Committee meeting, be accepted, and the recommendations contained therein, be approved;
  with the exception of Item#(s) __________.

13.3

Administration/Finance/Fire Committee 

Re:  Minutes - October 16, 2023

• Councillor William Reilly declared a conflict on this item. (Councillor Reilly declared a conflict of interest due to a family member applying to sit as a member on the Mayor’s Youth Advisory Committee.)

• Moved By Councillor Jason Trombetta
  1. That, the minutes of the October 16, 2023 Administration/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 October 16, 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.

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

Consent Agenda Items

• Moved By Councillor Joann Chechalk

  That, Council hereby approves the following Consent Agenda Items:

  1.  Items 1,2, be and are hereby received for information, and;
  2.  Item 3 be and is hereby received and the recommendations contained therein be adopted.
  with the exception of Item # ________

1.

Memorandum - Amendment to Noise By-law and Non-Parking AMPA By-law

2.

Memorandum - Information regarding warning clause added to real estate purchase and sale agreements

3.

Recommendation Report HR-05-2023 - CAO Performance Review Policy

16.3

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 2023-72, 2023-73, 2023-74, 2023-75, 2023-76, 2023-77, 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 2023-72

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 25th day of September, 2023.

18.2

BY-LAW 2023-73

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

18.3

BY-LAW 2023-74

A By-law to amend By-law 2013-50, being a By-law to prohibit and regulate noise in the Township of West Lincoln.

18.4

BY-LAW 2023-75

Being a By-law to amend 2021-84, as amended, a system of Administrative Penalties for Non-Parking Offences with the Township of West Lincoln.

18.5

BY-LAW 2023-76

A By-law to authorize an agreement between the Corporation of the Township of West Lincoln, the Corporation of the Town of Grimsby, the Corporation of the Town of Lincoln, the Corporation of the Town of Niagara On-The-Lake, the Corporation of the Town of Pelham, the Corporation of the City of Thorold, and the Corporation of the City of Port Colborne and the Herrington Group LTD.

18.6

BY-LAW 2023-77

A By-law to establish Part 2 on Reference plan No.30R-16151 on Concession 4 Road as Public Highway.

19.

ADJOURNMENT

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