THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA 

MEETING NO. EIGHT

Monday, June 27, 2022 at 5:00 P.m. - 6:00 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 Standing Committee or Council meetings until further notice.

** Virtual Attendance & Participation: Members of the public who wish to participate by providing oral comments for matters that are on the agenda must attend the virtual meeting by obtaining a Zoom invite in advance by emailing [e-mail] by June 27, 2022 before 4:30p.m.Those who wish to observe the meeting may view the meetings livestream which can be found on the Council and Committee Calendar on the Township’s website.**

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1.

PUBLIC MEETING - OFFICIAL PLAN AMENDMENT NO. 63 - SMITHVILLE MASTER COMMUNITY PLAN (SECONDARY PLAN)

Public Meeting to Commence at 5 p.m.
Chair - Councillor William Reilly
CONSULTANT'S POWERPOINT PRESENTATION ATTACHED

2.

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.

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-ee), 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 Jason Trombetta

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.

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 comment to provide permitted under Section 6.7of the Procedural By-law.
2. Chair to inquire if the Clerk had received any comments by email from any members of the public prior to 4:30 pm today with respect to a specific item on the agenda as permitted by Section 6.7 of the Procedural By-law.

8.

APPOINTMENTS/PRESENTATIONS

8.1

CAO (Bev Hendry)

Re:  Strategic Plan Accomplishments Update 5 - PowerPoint Presentation
POWERPOINT PRESENTATION TO BE PROVIDED MONDAY

9.

REGIONAL COUNCILLOR’S REMARKS

10.

CONFIRMATION OF MINUTES

10.1

Council Minutes - Regular

Re:  May 24, 2022

• Moved By Councillor Shelley Bradaric
  1. That, the minutes of the open session portion of the May 24, 2022 regular Council meeting be accepted; and,
  2. That, the confidential minutes relating to the closed session portion of the May 24,2022 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 Under the Planning Act

Re:  Minutes of June 13, 2022

• Moved By Councillor Cheryl Ganann

  That, the minutes of the public meetings held on June 13, 2022 under Section 34 of the Planning Act, with respect to:

  1. Zoning By-Law Amendment - Township of West Lincoln Housekeeping Amendments No. 6 (File No. 1601-003-22)
  2. Zoning By-Law Amendment - 3976 Regional Road 20 - B & A Heaslip Farms Ltd. (File No(s). 1601-006-22 & 1601-007-22)
  3. Zoning By-Law Amendment - 7330 Concession 3 Road - J & C Sikkens (File No. 1601-008-22);
     be accepted.

11.

COMMUNICATIONS

11.1

Chaundra Perkins

Re:  Request for Fireworks Display at 2433 Port Davidson Road - August 20, 2022

• Moved By Councillor Harold Jonker

  That, the request received from Chaundra Perkins, for Rocket Fireworks to host a fireworks display on August 20, 2022 at 2433 Port Davidson Road, Smithville, be approved.

11.2

Town of East Gwillimbury

Re: Summary and Implications of Provincial Bill 109:  More Homes for Everyone Act, 2022

• Moved By Councillor William Reilly

  That, the correspondence from the Town of East Gwillimbury, dated June 15, 2022, requesting the Government of Ontario to revisit the provisions of Bill 109 and work with all stakeholders, including municipalities represented by the Association of Municipalities of Ontario to deliver legislation that allows municipalities to plan, grow and deliver communities that adhere to local, provincially-approved Official Plans, rather than strict statutory timelines; be received and supported; and, 

  That, a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, MPP Caroline Mulroney, the Minister of Municipal Affairs and Housing, Regional Chairs in Ontario, the Association of Municipalities of Ontario (AMO) and all Ontario municipalities.

12.

MAYOR’S REMARKS

13.

REPORT OF COMMITTEE

13.1

Planning/Building/Environmental Committee 

Re:  Minutes of June 13, 2022

• Moved By Councillor William Reilly
  1. That, the minutes of the open session portion of the June 13, 2022 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 13,2022 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.

13.2

Administration/Finance/Fire Committee 

Re:  Minutes of June 20, 2022

• Moved By Councillor Jason Trombetta

  1.  That, the minutes of the June 20, 2022 Administration/Finance/Fire Committee meeting, be accepted, and that the recommendations contained therein, be approved with the exception of Item #(s) _____________.

13.3

Public Works/Recreation/Arena Committee 

Re:  Minutes of June 20, 2022

• Moved By Councillor Harold Jonker
  1. That, the minutes of the June 20, 2022 Public Works/Recreation/Arena Committee meeting, be accepted, and the recommendations contained therein, be approved with the exception of Item #(s)_______________.
  2. That, the confidential minutes relating to the closed session portion of the June 20, 2022 Public Works/Recreation/Arena 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

Director of Planning & Building (Brian Treble) 

Re:  Technical Report PD-065-22 – Official Plan Amendment No. 63 - Policy and Land Use Mapping of Urban Boundary Expansion Lands and Policy Adjustment to Existing Smithville Urban Area

• Moved By Councillor Jason Trombetta
  1. That, Report PD-65-2022, regarding “”, dated June 27^th, 2022, be RECEIVED; and,
  2. That, a Recommendation Report be presented at a future Planning/Building/Environmental Committee meeting following the receipt of any additional public or agency comments now that the new Regional Official Plan has been adopted by Regional Council.

16.3

CAO (Bev Hendry)

Re:  Report No. CAO-03-2022 - West Lincoln Corporate Strategic Plan 2022 Mid-Year Status Update

• Moved By Councillor Shelley Bradaric
  1. That Information Report CAO-03-2021 regarding “West Lincoln Corporate Strategic Plan 2022 Mid-Year Status Update” dated June 27, 2022, be received for information.

16.4

Director of Planning & Building (Brian Treble) & Planner II (Madyson Etzl)

Re:  Memorandum - 7005 Concession 4 Road - JCT Services By-Law No: 2022-62
FOR INFORMATION

16.5

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 Mike Rehner
  1. That, leave be granted to introduce By-laws # 2022-48, 2022-49, 2022-50, 2022-51, 2022-52, 2022-53, 2022-54, 2022-55, 2022-56, and 2022-57, 2022-58, 2022-59, 2022-60, and 2022-61 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 2022-48

A By-law to confirm the proceeding of the Council of the Corporation of the Township of West Lincoln at its regular meeting held on the 24^th day of May, 2022.

18.2

BY-LAW 2022-49

A By-law to provide for paying Remuneration and Expense Allowances to the Members of Council.

18.3

BY-LAW 2022-50

A By-law to amend By-law 2002-115 which By-law Confirms Fees and Charges for the Corporation of the Township of West Lincoln.

18.4

BY-LAW 2022-51

Being a By-law to amend By-law 2013-58 which adopted rules for Procedures of Council and Committees thereof.

18.5

BY-LAW 2022-52

A By-law to authorize an agreement between the Corporation of the Township of West Lincoln and J. L. Richards & Associates Limited for the Detailed Condition Survey Work for the Campbell Bridge.

18.6

BY-LAW 2022-53

A By-law to amend By-law 2002-115 which By-law confirms Fees and Charges for the Corporation of the Township of West Lincoln.

18.7

BY-LAW 2022-54

Being a By-law to amend By-law 2004-42, as amended, which regulated the Supply of Water and provides for the Imposition and Collection of Water and Wastewater rates.

18.8

BY-LAW 2022-55

A By-law to authorize a Development Agreement between the Corporation of the Township of West Lincoln, JCT Services, Joe Diliuio, and any mortgagees for the lands described as Concession 5, Part Lot 39, Formerly in the Township of Gainsborough, Now in the Township of West Lincoln, Regional Municipally known as 7005 Concession 4 Road. 

18.9

BY-LAW 2022-56

A By-law to authorize an amending site plan agreement with DeHaan Homes Inc., and Meridian Credit Union on lands described as PT LTS 20 & 57 PL M88.

18.10

BY-LAW 2022-57

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

18.11

BY-LAW 2022-58

A By-law to authorize a site plan agreement between the Corporation of the Township of West Lincoln, Joan Miller Trustee, Silverdale Sports Centre Ltd., and any mortgagees for lands described as Concession 4, Part Lot 16, in the former Township of Gainsborough, now in the Township of West Lincoln.

18.12

BY-LAW 2002-59

A By-law to authorize a development agreement between the Corporation of the Township of West Lincoln, Albino Giro, Marcus Bruno Giro, Stephan Lino Giro, Nathan Joseph Giro-Norton, Palmira Giro-Norton, Anthony Daniel Giro-Norton, and any mortgagees for lands described as Concession 6, Part Lot 6, Part 1 of 30R3739 in the former Township of Gainsborough, now in the Township of West Lincoln.

18.13

BY-LAW 2022-60

A By-law to amend By-law 89-2000 which regulates Traffic and Parking on Township Roads.

18.14

BY-LAW 2022-61

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

19.

CONFIDENTIAL MATTERS

• Moved By Councillor Jason Trombetta

  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:

  19.1.  Director of Planning & Building (Brian Treble)
  Re:  Personal Matters - Confidential Report No. PD-64-22 - Four Year Contract Renewal for Delivery of Services under Part 8 of the Ontario Building Code
  Applicable closed session exemption(s):

  • personal matters about an identifiable individual, including municipal or local board employees
• Moved By Councillor Shelley Bradaric

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

19.1

Director of Planning & Building (Brian Treble)

Re:  Personal Matter - CONFIDENTIAL - Recommendation Report PD-64-2022 - Four Year Contract Renewal for Delivery of Services under Part 8 of the Ontario Building Code

• OPEN SESSION RECOMMENDATION:
  Moved By Councillor Harold Jonker
  1. That, Report PD-64-22, regarding “Four Year Contract Renewal for Delivery of Services under Part 8 of the Ontario Building Code”, dated June 27, 2022, be RECEIVED; and,
  2. That, the recommendation contained therein be and is hereby approved.

20.

BY-LAWS (CONTINUED)

• Moved By Councillor Mike Rehner
  1. That, leave be granted to introduce By-law 2022-62 and that the same shall be considered to have been read a first, second, and third time with one reading, and is 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.

20.1

BY-LAW 2022-62

To be provided at meeting.

21.

ADJOURNMENT

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