The West Lincoln Record

Council (includes All Committees)

July 18, 2022

Who was there

Present (3): Shelley Bradaric, Cheryl Ganann, Mike Rehner

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (19 motions)

19 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That, the Report of the Integrity Commissioner dated July 12, 2022 related to Code of Conduct complaint 2022-01 filed under the Township's Code of Conduct for Members of Council and Local Board Members (the "Code") be received. For Against Conflict Mayor Dave Bylsma X Councillor Shelley X Bradaric Councillor Cheryl X Ganann Councillor Harold X Jonker Councillor Mike X Rehner Councillor William X Reilly Councillor Jason X Trombetta Results 5 1 1
Moved by Councillor Jason Trombetta, seconded by Councillor William Reilly
Carried
That, Council enact the following penalties/remedial measures for Non- Compliance with the Township’s Code of Conduct specifically as it relates to Sections 4.1(g) and 7.1 of the Code: (i) That, Council denounce the actions of Councillor Harold Jonker; and, COUNCIL (All Committee) - July 18, 2022 (ii) That a formal reprimand be made against Councillor Jonker and that Council impose a suspension of his remuneration as a member of Council equal to thirty (30) days; and, (iii) That, Councillor Jonker be directed to account for the estimated monetary value of the food and fuel that was provided to him and to his contingent of supporters as a gift or benefit during the Demonstration within thirty (30) days of Council’s decision; and (iv) That, Councillor Jonker provide proof satisfactory to Council that funds equal to the estimated monetary value of the food and fuel provided as a gift or benefit in remedial measure as noted above (iii) be given as a donation to West Lincoln Community Care within sixty (60) days of Council’s decision. For Against Conflict Mayor Dave Bylsma X Councillor Shelley X Bradaric Councillor Cheryl X Ganann Councillor Harold X Jonker Councillor Mike X Rehner Councillor William X Reilly Councillor Jason X Trombetta Results 5 1 1
Moved by Councillor William Reilly, seconded by Councillor Cheryl Ganann
Carried
That, the minutes of the public meeting held on June 27, 2022 under Section 17 of the Planning Act, with respect to: a. Official Plan Amendment (OPA) - OPA No. 63 for the Smithville Master Community Plan (Secondary Plan); be accepted.
Moved by Councillor William Reilly, seconded by Councillor Cheryl Ganann
Carried
1. That, the minutes of the open session portion of the June 27, 2022 regular Council meeting be accepted; and, 2. That, the confidential minutes relating to the closed session portion of the June 27, 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.
Moved by Councillor Cheryl Ganann, seconded by Councillor Shelley Bradaric
Carried
1. Items 1, 2, 3, 4 and 5 be and hereby received for information; and, 2. Items 6 and 7 be and are hereby received and that the recommendations contained therein be adopted with exception of Item No(s). 6 and 7. COUNCIL (All Committee) - July 18, 2022
Moved by Councillor Jason Trombetta, seconded by Councillor Harold Jonker
Carried
1. That, Recommendation Report T-21-2022, regarding “2021 Accumulated Operating Surplus” dated July 18, 2022, be received; and, 2. That, Council authorizes $150,000 of the 2021 Accumulated Operating Surplus be used as revenue in the 2023 budget; and, 3. That, Council authorizes the transfer of $586,979 of the 2021 Accumulated Surplus into the Contingency Reserve, which requires approval of Budget Amendment BA2022-06.
Moved by Mayor Dave Bylsma, seconded by Councillor William Reilly
Carried
1. That, Recommendation Report No. PD-70-2022, relating to the “Amendment to Sign By-Law 2020-54”, dated July 18th, 2022, be RECEIVED; and, COUNCIL (All Committee) - July 18, 2022 2. That, By-law 2020-54, as amended, be further amended by the passage of an Amending By-law similar to that found at Attachment 1 to this report.
Moved by Mayor Dave Bylsma, seconded by Councillor William Reilly
Carried
1. That, Report IT-01-2022, regarding the “Voice Over IP Communications Replacement”, be received; and, 2. That, Niagara Regional Broadband Network Ltd., be awarded the contract to install and maintain a new telecommunications system for the Township of West Lincoln to replace the existing end of life system; and, 3. That, a by-law be passed to authorize the Mayor and Clerk to enter into an agreement with Niagara Regional Broadband Network Ltd.
Moved by Councillor Harold Jonker, seconded by Councillor Cheryl Ganann
Carried
1. That, Recommendation Report T-18-2022 regarding the “2021 Draft Financial Statements and Audit Findings”, dated July 18, 2022, be received; and, 2. That, the 2021 Draft Audited Financial Statements, attached as Appendix A to this report, be approved; and, 3. That, the 2021 Audit Findings Report to Council, attached as Appendix B to this report, be received.
Moved by Councillor Cheryl Ganann, seconded by Councillor Shelley Bradaric
Carried
1. That, Recommendation Report PD-66-2022, regarding “Zoning By-law Amendment – Sikkens – File No. 1601-008-22”, dated July 18, 2022, be RECEIVED; and, 2. That, application for Zoning By-law Amendment 1601-008-22 submitted by Jonathan and Crystal Sikkens for 7330 Concession 3 Road be approved in accordance with the attached amending by-law; and, 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.
Moved by Councillor William Reilly, seconded by Councillor Mike Rehner
Carried
COUNCIL (All Committee) - July 18, 2022 1. That, Recommendation Report PD-67-2022, regarding “Zoning By-law Amendment – B & A Heaslip Farms Ltd. 3976 Regional Road 20 (File No. 1601-006-22 & 1601-007-22)”, dated July 18, 2022, be RECEIVED; and, 2. That, application for Zoning By-law Amendment 1601-006-22 and 1601-007-22 submitted by Ben and Pam Heaslip for 3976 Regional Road 20 be approved in accordance with the attached amending by- law; and, 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; and, 4. That, staff be authorized to return a full Zoning By-law Amendment fee to the applicants as two applications were submitted, but only one was required.
Moved by Councillor Shelley Bradaric, seconded by Councillor Cheryl Ganann
Carried
1. That, Recommendation Report PD-68-2022, regarding “Comprehensive Zoning Bylaw 2017-70, as amended, Housekeeping Amendments No. 6 File No. 1601-03-22”, dated July 18, 2022 be received; and, 2. That, application for Zoning By-law Amendment 1601-003-22 submitted by the Township of West Lincoln be approved in accordance with the attached amending by-law; and, That, no further public meeting is required for the consideration of this by-law in accordance with Section 34(17) of the Planning Act.
Moved by Councillor Mike Rehner, seconded by Councillor William Reilly
Carried
1. That, Recommendation Report PD-72-2022, regarding “Official Plan Amendment No. 62 – 2051 Growth Forecasts and Targets, Mapping of Smithville Urban Boundary Expansion Lands and Boundary Adjustments in Hamlets of Abingdon, Caistorville, Fulton, Bismark and Wellandport”, dated July 18th, 2022, be RECEIVED; and, 2. That, Official Plan Amendment No. 62 be adopted and corresponding implementation bylaws be APPROVED and passed; and, 3. That, as per the Planning Act, no further public meeting is required; and, 4. That, Staff be authorized to circulate the Notice of Adoption for Official Plan Amendment No. 62 to the required agencies and the public and to submit a copy of Official Plan Amendment No. 62 to the Region for approval, along with the required information record, with full force and COUNCIL (All Committee) - July 18, 2022 effect occurring once Official Plan Amendment No. 62 has been approved by the Region.
Moved by Councillor Jason Trombetta, seconded by Councillor William Reilly
Carried
1. That, leave be granted to introduce By-laws # 2022-63, 2022-64, 2022-65, 2022-66, 2022-67, 2022-68, 2022-69, and 2022-70, 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.
Moved by Councillor Mike Rehner, seconded by Councillor William Reilly
Carried
That, By-law 2022-67 be amended by adding the words “site plan” after the word “necessary” and removing the “s” from “approvals” as provided in the Regulations to Subsection 13.2 Table 29: Site Specific Provisions, Provision ‘A-111’.
Moved by Councillor William Reilly, seconded by Councillor Cheryl Ganann
Carried
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: 18.1 Director of Planning & Building (Brain Treble) Re: Legal/Solicitor-Client Privilege - Peter Budd - Ontario Land Tribunal (OLT) Update Applicable closed session exemption(s):  Litigation of potential litigation, including matter before administrative tribunals, affecting the municipality or local board;  The security of the property of the municipality of local board;  Advice that is subject to Solicitor-Client privilege, including communications necessary for that purpose 18.2 Director of Planning & Building (Brian Treble) Re: Legal/Enforcement Matter/Property Matter - Testamentary Devise - In the former Township of Gainsborough now Township of West Lincoln Applicable closed session exemption(s):  litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;  the security of the property of the municipality or local board;  advice that is subject to Solicitor-client privilege, including communications necessary for that purpose 18.3 Treasurer/Director of Finance (Donna DeFilippis) Re: Personal Matter - Confidential Report T-20-2022 - Section 357 Applications Applicable closed session exemption(s):  Personal matters about an identifiable individual, including municipal or local board employees. 18.4 CAO (Bev Hendry) Re: Legal/Solicitor Client Privilege/Prope
Moved by Councillor Cheryl Ganann, seconded by Councillor Shelley Bradaric
Carried
That, this Council (All Committee) meeting does now resume in open session at the hour of 10:47 p.m.
Moved by Councillor Harold Jonker, seconded by Councillor Cheryl Ganann
Carried
1. That Confidential Recommendation Report, T-20-2022, regarding “Section 357/358/359 Applications”, dated July 18th, 2022 be received; and, 2. That the list of applications as contained in Appendix A to report T-20- 2022 be approved.
Moved by Councillor William Reilly, seconded by Councillor Harold Jonker
Carried
That, the CAO be and is hereby authorized to proceed as directed in closed session with respect to a legal, solicitor client and property matter relating to the West Lincoln Community Centre.
Moved by Councillor Shelley Bradaric, seconded by Councillor William Reilly
Carried

The town’s own record

Read the minutes this page was read from →

Where this page and that document disagree, the document is right and this record is wrong. Say so and it will be corrected.