THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
COUNCIL AGENDA

MEETING NO. EIGHT

Monday, July 17, 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" - 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 (All Committees) Meeting will start with two Public Meetings Under the Planning Act
4. This 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.

PUBLIC MEETINGS

3.1

Official Plan Amendment & Zoning Bylaw Amendment - P Budd Developments Inc. - South Grimsby Road 5

Re:  An application for Official Plan Amendment and Zoning Bylaw Amendment has been submitted by P Budd Developments Inc. for the property located on South Grimsby Road 5, legally described as Lot 1, Plan M94, Part Lots 12 and 13 of Plan 30M300 and Parts 1 and 2 of Plan 30R15516. The property currently has draft plan of subdivision approval.

An Official Plan Amendment application has been submitted to permit a six storey apartment building on the west side of the subject property near South Grimsby Road 5, whereas the Township Official Plan only permits a maximum of four storeys (up to five storeys through a site specific exception) within the Medium Density Residential Designation. A zoning bylaw amendment has also been submitted to modify the existing Residential ‘R2’, ‘RM2-201’, ‘RM2-202’ and ‘RM3-203’ zones to change a number of zoning regulations including, but not limited to; height, planting strips, lot area, lot overage, landscape open space and driveway widths. (File No. 1701-003-23 OPA & 1601-004-23 ZBA).

3.2

Zoning Bylaw Amendment - Brad Snippe – 7005 Concession 4 Road

Re:  An application for Zoning Bylaw Amendment has been submitted by Mr. Brad Snippe for the property municipally known as 7005 Concession 4 Road, legally described as Concession 5, Part Lot 39 in the former Township of Gainsborough, now in the Township of West Lincoln. The application has been applied for as a condition of consent (File No. B2-2023WL) to change the zoning on a portion of the subject property from Agricultural ‘A’ to Agricultural Purposes Only ‘APO’, with a site specific exception to address a deficient lot area. The application has also been applied to change the zoning on a portion of the property from Agricultural ‘A’ to Rural Residential ‘RuR’. (File No. 1601-005-23)

4.

OPENING PETITION - Councillor Terry Bell

5.

CHANGE IN ORDER OF ITEMS ON AGENDA

6.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

NOTE: Items for which conflicts were recently declared at Committee Meeting(s)

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.

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.

8.

APPOINTMENTS/PRESENTATIONS

There are no appointments/presentations.

9.

REGIONAL COUNCILLOR’S REMARKS

10.

CONFIRMATION OF MINUTES

10.1

Council Minutes - Regular

Re: June 26, 2023

• Moved By Councillor Terry Bell

  That, the minutes of the June 26, 2023 regular Council meeting be accepted.

11.

COMMUNICATIONS

11.1

Vicky Poliquin, Committee Member

Re: Resignation from the West Lincoln Christmas Parade Committee

• Moved By Councillor William Reilly
  1. That, the email received on July 11th, 2023 from Vicky Poliquin advising of her resignation from the West Lincoln Christmas Parade Committee be received with regrets; and,
  2. That, By-law 2023-03, being the appointment by-law for Boards and Committees, be amended to remove Vicky Poliquin from Schedule G (West Lincoln Santa Claus Parade Committee).

12.

MAYOR’S REMARKS

13.

REPORT OF COMMITTEE

There are no Reports of Committee.

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

16.

OTHER BUSINESS

16.1

CONSENT AGENDA

NOTE: All items listed below are considered to be routine and noncontroversial and can be approved by one resolution. There will be no separate discussion of these items unless a Council Member requests it, in which case the item will be removed from the consent resolution and considered immediately following adoption of the remaining consent agenda items.

• Moved By Councillor Shelley Bradaric

  That, the Council hereby approves the following Consent Agenda item(s):

  1. Items 1,2,3,4,5,6 and 7 be and are hereby received for information; and,
  2. Item 8 be and is hereby received and that the recommendations contained therein be adopted
     with exception of Item No.(s) _______________.

1.

Final 2022 Audited Financial Statement - For Information (Draft Previously Approved)

2.

Mayor's Youth Advisory Committee (MYAC) - Minutes of June 7, 2023

3.

Information Report WFLD-10-2023 - Monthly Update - June 2023

4.

Information Report T-17-2023 - Financial Update as of June 30, 2023

5.

Information Report HR-01-2023 - Health and Safety Policy

6.

Information Report PW-22-2023 - Consolidated Linear Infrastructure Environmental Compliance Approval

7.

Information Report PD-38-2023 - Application to Superior Court – Natural Severance Application Evelyn and Jeff Duck -  Application of Beds of Navigable Waters Act

8.

Recommendation Report PD-37-2023 - Minor Revisions to the Accessible Parking By-law

16.2

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)

16.3

Director of Finance/Treasurer (Donna DeFilippis)

Re:  Recommendation Report T-18-2023 -  2022 Accumulated Operating Surplus

• Moved By Councillor Joann Chechalk
  1. That, Recommendation Report T-18-2023, regarding “2022 Accumulated Operating Surplus”, dated July 17, 2023 be received; and,
  2. That, Council authorizes that $150,000 of the 2022 Accumulated Operating Surplus be used as revenue in the 2024 Operating Budget; and,
  3. That, Council authorizes that $447,518 of the remaining Accumulated Operating Surplus be transferred to the Contingency Reserve.

16.4

Human Resources Coordinator (Cassandra Carey) & Director of Legislative Services/Clerk (Jessica Dyson)

Re:  Recommendation Report HR-02-2023 - Code of Conduct Policy

• Moved By Councillor Shelley Bradaric
  1. That, Recommendation Report HR-02-2023 “Code of Conduct Policy” dated July 17, 2023 be received; and,

  2. That, the Code of Conduct Policy as attached as Schedule A to this report be approved.

16.5

Human Resources Coordinator (Cassandra Carey) & Director of Legislative Services/Clerk (Jessica Dyson)

Re:  Recommendation Report HR-03-2023 - Whistleblower Policy

• Moved By Councillor Jason Trombetta
  1. That, Recommendation Report HR-03-2023 “Whistleblower Policy” dated July 17, 2023 be received; and,

  2. That, the Whistleblower Policy as attached as Schedule A to this report be approved.

16.6

Director of Public Works and Recreation (Mike DiPaola) & Coordinator of Engineering Services (Jennifer Bernard)

Re:  Recommendation Report PW-18-2023 - Public Works Road Allowance Width and Land Dedication Policy Review

• Moved By Councillor Mike Rehner
  1. That, Recommendation Report PW-18-2023, RE: “Public Works Road Allowance Width and Land Dedication Policy”, dated July 17, 2023 be received; and,
  2. That, policy POL-PW-1-18, found as Attachment ‘A’ to this report, be repealed; and,
  3. That, the revised policy POL-PW-1-23, found as Attachment ‘B’ to this report, be endorsed by Council.

16.7

Manager of Planning (Dave Heyworth) & Director of Planning and Building (Brian Treble)

Re:  Recommendation Report PD-39-2023 - Official Plan Amendment No. 67 – Official Plan Amendment No. 67 (File No. 1701-03-23) Application for Zoning By-law Amendment (File No. 1601-004-23)

• Moved By Councillor William Reilly
  1. That, Recommendation Report PD-39-2023, regarding “Official Plan Amendment No. 67 – Official Plan Amendment No. 67 (File No. 1701-03-23) Application for Zoning By-law Amendment (File No. 1601-004-23), dated July 17, 2023, be RECEIVED; and,
  2. That, Section 34(17) of the Planning Act apply and that no further public meeting is required; and,
  3. That, Official Plan Amendment No. 67 (File No. 1701-003-23) and a corresponding By-law be APPROVED and passed; and,
  4. That, staff be authorized to circulate the Notice of Decision on the approval of Official Plan Amendment No. 67 to the agencies and public, to commence the 20 day appeal period as Regional Council approval is not required; and,

  5. That, a recommendation report for Zoning By-law Amendment (File No. 1601-004-23) submitted by P. Budd Developments Inc. be presented at a future Planning/Building/Environmental Committee Meeting following the review of all agency and public comments and a full review of the planning application.

16.8

Manager of Planning (Dave Heyworth) & Director of Planning and Building (Brian Treble)

Re:  Recommendation Report PD-36-23 - Zoning By-law Amendment Application Brad Snippe – 7005 Concession 4 Road (File No. 1601-005-23)

• Moved By Councillor Terry Bell
  1. That, Recommendation Report PD-36-2023, regarding “Recommendation Report - Zoning By-law Amendment Application, Brad Snippe 7005 Concession 4 Road – File No. 1601-005-23”, dated July 17^th, 2023, be RECEIVED; and,
  2. The application for Zoning By-law Amendment 1601-005-23 submitted by Brad Snippe for the property legally described as Concession 5, Part Lot 39 in the former Township of Gainsborough, now in the Township of West Lincoln, municipally known as 7005 Concession 4 Road be APPROVED in accordance with the attached Amending By-law.
  3. That, no further public meeting is required for the consideration of this by-law in accordance with Section 34(17) of the Planning Act.

16.9

Acting Fire Chief (Tim Hofsink)

Re:  Recommendation Report WLFD-11-2023 - Squad 2 Replacement Recommendation

• Moved By Councillor Jason Trombetta
  1. That, Recommendation Report WLFD-11-2023 regarding “Squad 2 Replacement Recommendation” dated July 17^th, 2023 be received; and,
  2. That, the replacement of the Squad 2 (smaller rescue vehicle) at Station 2 in Caistor Centre be advanced from the 2024 Capital Budget to the 2023 Fiscal year with a budget amendment; and,
  3. That, Council approve a $97,000 Budget Amendment BA2023-08 financed through a transfer from the Fire Reserve.

16.10

Members of Council

Re: Council Remarks

17.

NEW ITEMS OF BUSINESS

18.

BY-LAWS

• Moved By Councillor Joann Chechalk
  1. That, leave be granted to introduce By-law #s 2023-51, 2023-52, 2023-53, 2023-54, 2023-55, 2023-56, and 2023-57, 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 2023-51

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 26^th day of June, 2023.

18.2

BY-LAW 2023-52

Being a By-law to appoint a Deputy Clerk (Justin Paylove) for the Township of West Lincoln.

18.3

BY-LAW 2023-53

A By-law to authorize a Temporary Use Agreement between the Corporation of the Township of West Lincoln, Jonathon Kelly and Loreen Kelly, and any mortgagees for lands described as Lot 16, Concession 6, in the former Township of Caistor, now in the Township of West Lincoln (Municipally known 9275 Concession 5 Road). 

18.4

BY-LAW 2023-54

Being a By-law to regulate Animal Care and Control within the Township of West Lincoln.

18.5

BY-LAW 2023-55

A By-law to amend By-law 97-2020, as amended, being a By-law to authorize certain Parking, Standing or Stopping of vehicles operated by or conveying physically handicapped persons on any highway and to authorize and require the provision of designated parking spaces for the sole use of vehicles operated by or conveying physically handicapped persons.

18.6

BY-LAW 2023-56

A By-law to amend Zoning By-law No. 2017-70, as amended, of the Township of West Lincoln (7005 Concession 4 Road).

18.7

BY-LAW 2023-57

Being a By-law to approve amendment No. 67 (to amend the height provision of the Northwest Quadrant Secondary Plan) of the Township of West Lincoln Official Plan to accommodate for a six (6) storey residential building in the Station Meadows West Plan of Subdivision within the Township of West Lincoln.

19.

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:

  19.1  Director of Legislative Services/Clerk (Jessica Dyson)
  Re: Citizen Appointments on Boards and Committees

  1. West Lincoln Public Library Board
  2. Age Friendly Advisory Committee
  3. Heritage Committee
  4. West Lincoln Santa Claus Parade Committee

  Applicable closed session exemption(s):

  • personal matters about an identifiable individual, including municipal or local board employees.

  19.2  CAO (Bev Hendry)  
  Re: Legal Matters - Niagara Peninsula Energy Incorporated and Peninsula West Power Incorporated
  Report Provided Under Separate Cover

  Applicable closed session exemption(s):

  • The security of the property of the municipality;
  • 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 William Reilly

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

19.1

Director of Legislative Services/Clerk (Jessica Dyson)

Re: Citizen Appointments on Boards and Committees

1. West Lincoln Public Library Board
2. Age Friendly Advisory Committee
3. Heritage Committee
4. West Lincoln Santa Claus Parade

Recommendation to be provided at meeting.

19.2

CAO (Bev Hendry)

Re:  Legal Matters - Niagara Peninsula Energy Incorporated and Peninsula West Power Incorporated
Report Provided Under Separate Cover

20.

ADJOURNMENT