THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA 

MEETING NO. FOURTEEN

Monday, October 26, 2020 at 7:00 P.m. - 9:00 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 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 October 26, 2020 before 4:30 pm. 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.

SINGING OF "O CANADA"

2.

OPENING PETITION - Councillor William Reilly

3.

CHANGE IN ORDER OF ITEMS ON AGENDA

4.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

5.

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.

NOTE: The Chair will inquire if there are any members of the public that had contacted/emailed the Clerk prior to 4:30 p.m. on the day of the Council Meeting who wished to address a specific item on the agenda as permitted by Section 6.7 of the Procedural By-law.

6.

APPOINTMENTS/PRESENTATIONS

6.1

LCol Ryan D. Smid, Headmaster, Robert Land Academy

Re: Introduction, Information and What's Happening at the Academy

6.2

Dr. Gervan Fearon, Brock University President & Vice-Chancellor & Dr. Lynn Wells, Provost & Vice-President, Academic

Re:  Brock University Update - COVID-19 Support & Partnership Discussion

6.3

Daria (Dasha) Peregoudova & John Mascarin, Aird & Berlis LLP - Township Integrity Commissioner

Re:  Code of Conduct Complaints 2020-02, 2020-03 & 2020-04 - Integrity Commissioner Report 

• Councillor Cheryl Ganann
  1. That, the Report of the Integrity Commissioner dated October 20, 2020 related to three complaints filed against Mayor Bylsma under the Township's Code of Conduct for Members of Council and Local Board Members (the “Code”) be received; and,
  2. That, Council enacts the following as recommended in the Integrity Commissioner's Report:

  1. 1. That, staff carry on with the intention of bringing a new flag raising policy to Council for approval and be publicly communicated; and,
     2. That, Mayor Bylsma provide his original apology statement to staff to post on the Township's website and social media platforms (i.e. Twitter); and,
     3. That, Mayor Bylsma exercise improved diligence with respect to the management of electronic communications and requests; and,
     4. That, Mayor Bylsma is reprimanded by Council for breaching Sections 4.1(d), 4.1(e) and 9.2 of the Code pursuant to clause 223.4(5)(a) of the Municipal Act, 2001 and that Council denounces the Mayor’s statements on which the complaints were based; and,
     5. That, Mayor Bylsma be required to complete sensitivity training as approved by Council within ninety (90) days of the date of this Report, and that he provide the Integrity Commissioner with satisfactory proof of completion of same; and,
     6. That, should Council elect to provide sensitivity training to all members of Council as part of their education and development, if attended by Mayor Bylsma, that this be considered as satisfactory completion of the required training.

7.

REGIONAL COUNCILLOR’S REMARKS

8.

CONFIRMATION OF MINUTES

8.1

Council Minutes

Re:  September 28, 2020
CONFIDENTIAL MINUTES UNDER SEPARATE COVER

• Councillor Harold Jonker

  That, the minutes of the open session portion of the September 28, 2020 regular Council meeting be accepted; and,
  That, the confidential minutes relating to the closed session portion of the September 28, 2020 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.

8.2

Public Meeting Under the Planning Act

Re:  Minutes of October 13, 2020

• Councillor Mike Rehner

  That, the minutes of the public meetings held on October 13, 2020 under Sections 34 & 51 of the Planning Act, with respect to:
  (a) Zoning By-law Amendment & Draft Plan of Subdivision - P Budd Developments (owner) and Odan Detech (Agent) (File Nos. 2000-89-19 & 1601-21-19); and,  
  (b) Zoning By-law Amendment – Township of West Lincoln – Parking, Driveways, Boulevards & Culvert By-law Review (File No. 1601-007-20);
  be accepted

8.3

Special Council Minutes

Re:  October 21, 2020
CONFIDENTIAL MINUTES UNDER SEPARATE COVER 

• Councillor Jason Trombetta

  That, the minutes of the open session portion of the October 21, 2020 special Council meeting be accepted; and,
  That, the confidential minutes relating to the closed session portion of the October 21, 2020 special 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.

9.

COMMUNICATIONS

9.1

Bev Packham

Re:  Request to Sit on the West Lincoln Christmas Parade Committee 

• Councillor William Reilly
  1. That, the email received from Bev Packham, dated October 20, 2020 requesting to sit on the West Lincoln Christmas Parade Committee be received; and,
  2. That, Bev Packham be appointed as a Member of the West Lincoln Christmas Parade Committee for the remaining term of Council; and,
  3. That, a by-law be presented to delete Schedule G of By-law 2018-114 and replace it with a new schedule to add Bev Packham as a Member of the West Lincoln Christmas Parade Committee.

9.2

Shelley Bradaric 

Re: Interest for Appointment as Ward 2 Councillor 

• Councillor Harold Jonker

  That, the correspondence received from Shelley Bradaric, dated October 22, 2020, advising of her interest should Council appoint for the Ward 2 Councillor vacancy be received for information. 

10.

MAYOR’S REMARKS

11.

REPORT OF COMMITTEE

11.1

Planning/Building/Environmental Committee 

Re:   Minutes of October 13, 2020
CONFIDENTIAL MINUTES UNDER SEPARATE COVER

• Councillor Cheryl Ganann

  That, the minutes of the open session portion of the October 13, 2020 Planning/ Building/Environmental Committee meeting, be accepted, and 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 October 13, 2020 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.

11.2

Administration/Finance/Fire Committee 

Re:  Minutes of October 19, 2020

• Councillor Mike Rehner

  That, the minutes of the Administration/Finance/Fire Committee meeting held on October 19, 2020 be accepted and that the recommendations contained therein,
  be approved, with the exception of Item #(s) A34-20, ________________.

12.

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.

13.

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.

14.

OTHER BUSINESS

14.1

Director of Planning & Building

Memo - Authorization to Enter into a Site Alteration Agreement with Marz Homes (Smithville West) Inc. (IBI Group - Agent, Cardi Construction Ltd. - Contractor)

14.2

Members of Council

Re: Council Remarks

15.

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.

16.

BY-LAWS

• Councillor Mike Rehner

  That, leave be granted to introduce By-laws # 2020-94,  2020-95, 2020-96, 2020-97, 2020-98, 2020-99, 2020-100, 2020-101, 2020-102, 2020-103, 2020-104, 2020-105, 2020-106 and 2020-107; 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.

16.1

BY-LAW 2020-94

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 28th day of September, 2020 and at its special meeting held on the 21st day of October, 2020.

16.2

BY-LAW 2020-95

A By-law to amend Schedule G of By-law 2018-114 which confirmed various appointments to boards and committees (Add New Member (Bev Packham) to the West Lincoln Christmas Parade Committee)

16.3

BY-LAW 2020-96

A By-law to amend By-law 2013-58 which adopted rules and procedures for Council and Committees to permit continued electronic meeting participation

16.4

BY-LAW 2020-97

A By-law to amend Zoning By-law 2017-70 - Township of West Lincoln (Housekeeping #3)

16.5

BY-LAW 2020-98

A By-law to adopt amendment No. 53 (Re-designation of Former St. Martin School Site and Adjacent Township owned property -186 Margaret Street) NOTE: OPA 53 Schedules are not attached as these were presented with the report

16.6

BY-LAW 2020-99

 A By-law to amend Zoning By-law - former St. Martin School Property (186 Margaret St.)

16.7

BY-LAW 2020-100

A By-law to adopt Amendment No. 54 (Re-designation of Former College Street School site - 132 College Street) NOTE: OPA 54 Schedules are not attached as these were presented with the report

16.8

BY-LAW 2020-101

A By-law to amend Zoning By-law No. 2017-70 - former College Street School Property (132 College Street) 

16.9

BY-LAW 2020-102

A By-law to authorize a Site Alteration Agreement between the Corporation of the Township of West Lincoln and Marz Homes (Smithville West) Inc. and IBI Group-Agent, Cardi Construction Ltd. (Contractor) for lands describes as Lot 9 Plan M98 Regional Road 20

16.10

BY-LAW 2020-103

A By-law to authorize a Site Alteration Agreement between the Corporation of the Township of West Lincoln and Bruno and Lilly Tassone, for lands described as Part Lot 19, Conc. Gore A, in the former Township of South Grimsby 8365 Young Street

16.11

BY-LAW 2020-104

A By-law to authorize the Corporation of the Township of West Lincoln to enter into an agreement with Dehaan Homes Inc., any mortgagees, and Niagara North Vacant Land Condominium Corporation No. __ with respect to the lands described as Units 1-24 inclusive, Level 1, Niagara North Standard Condominium Plan No.___ and their appurtenant common interest all of Pins ______ to ______ inclusive.

16.12

BY-LAW 2020-105

A By-law to authorize a renewed lease agreement between Bell Mobility Cellular Inc. and the Corporation of the Township of West Lincoln (Renewal of agreement authorized by By-law 2000-120)

16.13

BY-LAW 2020-106

A By-law to authorize a sewer easement with 2424568 Ontario Inc., Benjamin Blake & Mikaela Evelyn Woods and any Mortgagees on lands described as Lots 47, 51 & 52 of Plan M90 and Part 1 of RP 30R11616 (167 St. Catharines Street)

16.14

BY-LAW 2020-107

A By-law to authorize a Site Plan Agreement with 2424568 Ontario Inc. and any Mortgagees on lands describes as Lots 47, 51 & 52 of Plan M90 and Part 1 of  RP 30R11616; Township of West Lincoln

17.

CONFIDENTIAL MATTERS

There are no confidential matters. 

18.

ADJOURNMENT

The Mayor declared the meeting adjourned at the hour of _________ p.m.