Council (includes All Committees)

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: 2.1 Township Solicitor (Andrea Mannell), Director of Legislative Services/Clerk (Joanne Scime) and CAO (Bev Hendry) Re: Legal/Solicitor-Client Privilege - Notice of Application for Judicial Review 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 including communications necessary for that purpose 2.2 Director of Planning & Building (Brian Treble) Re: Legal/Solicitor-Client Privilege/Property Matter - By-law Enforcement Matter Applicable closed session exemption(s):  advice that is subject to Solicitor-client privilege, including communications necessary for that purpose;  Personal matters about an identifiable individual, including municipal employees. (5:34 pm)

That, this Council (All Committees) meeting does now resume in open session at the hour of 6:49 p.m.

That, the minutes of the September 26, 2022 regular Council meeting be accepted.

That, the minutes of the October 17, 2022 Special Council meeting, be accepted, and the recommendations contained therein, be approved.

That, the minutes of the public meeting held on October 17, 2022 with respect to an application for site alteration made by A.J. Clarke and Associates Ltd. on behalf of Marz Homes (Smithville West) Inc.; be accepted.

That, the minutes of the November 15, 2022 Special Council meeting (Training - Meeting & Greet), be accepted.

That, the minutes of the November 21, 2022 Special Council meeting (Inaugural Meeting of Council), be accepted.

1. That, the minutes of the November 28, 2022 Special Council meeting (Training - eSCRIBE Agenda Management Program), be accepted; and, 2. That, the confidential minutes relating to the closed session portion of the November 28, 2022 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.

1. That, the minutes of the December 5, 2022 Special Council meeting (Caucus), be accepted. Page Minutes - Council (All Committees) - December 12, 2022 2. That, the confidential minutes relating to the closed session portion of the December 5, 2022 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.

1. That, the minutes of the December 7, 2022 Special Council meeting (Training - Township Solicitor), be accepted. 2. That, the confidential minutes relating to the closed session portion of the December 7, 2022 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.

That, the correspondence received from Ann-Marie Norio, Regional Clerk regarding the "2023 Budget and Requisition - Niagara Transit Commission" dated November 11, 2022, be received for information.

1. That, the correspondence received from Ann-Marie Norio, Regional Clerk regarding "Appointments to Niagara Transit Commission Board", dated November 11, 2022, be received; and, Page Minutes - Council (All Committees) - December 12, 2022 2. That, Councillor William Reilly be nominated as the Township of West Lincoln's representative on the Niagara Transit Commission Board for the Niagara Region for the 2022-2026 term of Council.

WHEREAS the Council of the Township of West Lincoln receive and support the correspondence, dated November 22, 2022, from the City of Niagara Falls regarding "Bill 23, The More Homes for Everyone Act, 2022"; AND WHEREAS Council appreciates and understands that the lack of attainable and affordable housing is an important issue facing the entire Province; AND WHEREAS Bill 23 will have economic, social,and environmental implications that will affect several acts including but not limited to the Conservation Authorities Act, Development Charges Act, 1997, Municipal Act, 2001, Ontario Heritage Act, Ontario Land Tribunal Act, 2021, Planning Act and may make changes to the Ontario Building Code along with the financial burden that this legislation will have on municipalities and existing homeowners; NOW THEREFORE BE IT RESOLVED that the Council of the Township of West Lincoln concurs with City of Niagara Falls Council and many others that the legislative program under the umbrella of the Ontario Housing Supply Action Plan must be paused in order to have a more in- depth consultation with municipalities and other stakeholders; AND THAT this resolution be forwarded to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Honourable David Piccini, Minister of the Environment, Conversation and Parks, the Honourable Graydon Smith, Minister of Natural Resources and Forestry, the Honourable Ernie Hardeman, Minister of Agri

That, the Director of Planning & Building be directed to investigate concerns relating to the Grimsby Regional Airport and the Smithville Flying Club (20 Road Airport) and report back to a future Standing Committee or Council Meeting.

That, Council hereby approves the following Consent Agenda item(s): 1. Items 1, 2 and 3 be and are hereby received for information.

1. That, Recommendation Report T-27-2022, regarding “Consolidated User Fees and Charges By-Law and 2023 User Fees and Charges”, dated December 12, 2022, be received; and 2. That, Appendix A, outlining the Consolidated Schedule of Fees and Charges, attached to this Report be approved with an effective date of January 1, 2023 (unless otherwise indicated); and, 3. That, Appendix B, outlining the Consolidated User Fees and Charges By-Law 2022-84, be approved with an effective date of January 1, 2023. This By-Law will also serve to amend and repeal several existing user fees and charges by-laws.

1. That, Recommendation Report T-28-2022, regarding the “Financial Update as of November 30, 2022”, be received for information; and, 2. That, Council authorizes staff to transfer any 2022 underspending within the Fire Operating Budget to the Fire reserve; and, 3. That, Council authorizes staff to transfer any 2022 underspending within the Bridge Operating Budget to the Bridge reserve.

That, Information Report T-29-2022, regarding the “2023 Budget Process and Schedule”, dated December 12, 2022, be received for information.

1. That, report WLFD-13-22 dated December 12, 20022, Computer- Aided Dispatch Agreement with the City of St. Catharines, be received; and, 2. That, By-law 2017-130 be repealed; and, 3. That, a By-Law be adopted authorizing the Mayor and Clerk to sign an updated fifteen (15) year agreement from January 1, 2023 to December 31, 2037 with the City of St. Catharines for Computer- Aided Dispatch Services.

1. That, in the absence of the Fire Chief, Deputy Fire Chief Mr. Hendrick (Tim) Hofsink be appointed as Acting Fire Chief and shall assume all of the powers, responsibilities and authority of the Fire Chief; and, 2. That, in the absence of the Deputy Fire Chief, the Fire Chief may appoint two Captains as Acting Deputy Fire Chief whom shall Page Minutes - Council (All Committees) - December 12, 2022 assume all of the the powers and duties as may be prescribed of the Deputy Fire Chief, this being Firefighters Zoli Rakonjak and Wayne Bos.

1. That, Recommendation Report C-07-2022 regarding “Regulation of Small Game Hunting By-law (Pheasant and Rabbit Hunting) in the Township of West Lincoln” dated December 12, 2022, be received; and, 2. That, the Ministry of Natural Resources and Forestry be advised of the Township of West Lincoln request to repeal By-law 2010-37; and, 3. Upon written confirmation from the Ministry of Natural Resources and Forestry, that By-law 2010-37 be repealed.

That, Report No. C-07-2022 regarding “Regulation of Small Game Hunting By-law (Pheasant and Rabbit Hunting) in the Township of West Lincoln” be

Page Minutes - Council (All Committees) - December 12, 2022 1. That, Recommendation Report RFD PW-15-2022, re: “Sanitary Sewer Lining Tender Authorization”, dated December 12, 2022, be received; and 2. That, Council accept the tender submission by Sewer Technologies Inc., with the Township’s share being $330,366.90 (excluding HST); and 3. That, Council approve the project budget of $355,000.00; and 4. That, Council approve Budget Amendment BA2022-11 to increase the budget on account 1-08-08110-415301 by $60,000, which is funded through a grant from the Niagara Region.

Page Minutes - Council (All Committees) - December 12, 2022 1. That, Recommendation Report PW-16-2022, re: “Dennis Drive and Brandon Lane On-Street Parking Review”, dated December 12, 2022, be received; and, 2. That, Council pass a By-law to amend Schedule C (Prohibited Parking) and Schedule C1 (Parking Prohibitions – 2:00 a.m. to 6:00 a.m.) of By-law 89-2000 as outlined in this report.

That, Information Report PW-17-2022, re: “Request to Review Three Rural Intersections”, dated December 12, 2022, be received for information.

1. That, Recommendation Report PD-82-2022, regarding “More Homes Built Faster Act – Bill 23 and Update to Bill 109 – More Homes for Everyone Act”, dated December 12, 2022, be RECEIVED; and, 2. That, Planning Staff be authorized to commence an Official Plan Amendment to propose amendments to the Township’s Official Plan in response to Bill 109 and Bill 23. A draft of this amendment will be prepared and provided to Committee in advance of Public Notice.

1. That, Recommendation Report PD-83-2022, regarding “Extension of Draft Plan of Subdivision Approval, Formerly Dunloe Developments Inc. now Marz Homes (Smithville West) Inc. (File No. 2000-87-18)”, dated December 12, 2022 be received; and, 2. That, the Draft Plan Approval for Marz Homes (Smithville West) Inc. (Lot 7, Plan M98) be Extended for a period of two years, to expire on Page Minutes - Council (All Committees) - December 12, 2022 December 13, 2024, subject to conditions as included in Attachment 2 to this report; and, 3. That Council deem the changes to the conditions of approval found in Attachment 2 to be minor; and, 4. That a notice of extension be circulated to relevant agencies and departments.

1. That, Recommendation Report PD-84-2022, regarding “Crossings on the Twenty Plan of Condominium Request for Extension to Draft Plan Approval; File No 2100-072-09 CDM (North)”, dated December 12th, 2022 be received; and, 2. That, the Draft Plan Approval for Crossings on the Twenty Plan of Condominium (North) BE EXTENDED FOR A PERIOD OF TWO YEARS, to expire on December 13, 2024, subject to conditions as included in Attachment No. 2 to this report; and, 3. That Council deem the changes to the conditions as found in Attachment 2 to be minor; and, 4. That a notice of extension be circulated to relevant agencies and departments.

1. That, Recommendation Report PD-85-2022, regarding “Recommendation Report No. 2 - Marz Homes (Smithville West) Inc. Page Minutes - Council (All Committees) - December 12, 2022 Site Alteration Application for “Thrive” Development, File No. 3000- 003-22B, dated December 12, 2022 be RECEIVED; and, 2. That, an authorizing By-law, as found at Attachment 2 to this report, be passed to permit the Mayor and Clerk to sign a site alteration agreement, in draft form as found at Attachment 3, ensuring compliance with their draft approved plan of subdivision, as well as the conditions as set out in this report and draft site alteration permit; and, 3. That, in conformance with Part 8 of By-Law 2016-41 “Being a Site Alteration By-law to Regulate the Placing or Dumping of Fill in the Township of West Lincoln”, a Site Alteration permit, in a form similar to that found at Attachment 1 to this report, be issued by staff once all required agreements, securities, plans and drawings are satisfactorily submitted, subject to the conditions as noted in the permit; and, 4. That, all efforts be taken by the owner to acknowledge and protect neighbouring residents, including but not limited to: dust control, noise control, obeyance of the Highway Traffic Act, etc. Failure to do so will provide Enforcement staff and Police with authority to address any infractions.

1. That, Recommendation Report PD-86-2022, regarding “Recommendation Report - 2023 Tree Planting – Leisureplex”, dated December 12th, 2022 be received; and, 2. That, Council endorse a Stewardship Agreement with Land Care Niagara to obtain eligible funding and that the estimated $4,000 Township paid portion of the cost be charged to the Leisureplex operating budget, account 1-16-16101-520320; and, 3. That a by-law be passed to authorize the Mayor and Clerk to sign the Rural Tree Planting Program 2023 - In Partnership with Forest Ontario Stewardship Agreement with Land Care Niagara to plant Page Minutes - Council (All Committees) - December 12, 2022 0.73 hectares (1.8 acres) of a variety of trees and shrubs on Township owned property known as the Leisureplex Complex, municipally known as 2543 South Grimsby Road 6 and as shown on Attachment 1 to this report.

1. That the correspondence from Councillor William Reilly, dated November 24, 2022, regarding the ROMA Board of Directors elections for Zone 3, be received; and, 2. That the Council for the Township of West Lincoln endorses Councillor William Reilly for the position of ROMA Zone 3 Representative for the 2023 – 2027 Rural Ontario Municipal Association (ROMA) Board of Directors.

1. That, leave be granted to introduce By-law #s 2022-83, 2022-84, 2022-85, 2022-86, 2022-87 and 2022-88 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.