Craig Larmour Director, Community & Development Services
Sheldon Randall Director, Operations
Kyle Freeborn Director, Corporate Services (A)/Treasurer
Rob Grimwood Fire Chief
Nick Alaimo Deputy Treasurer
Brett Ruck Supervisor, Environmental Services
Mark Iamarino Planner II
Jesse Auspitz Planner II
Raymond Tung Urban Design Specialist
Peter Todd Town Clerk
Colleen Hutt Deputy Clerk

1. CALL TO ORDER

Chair Councillor Jamie King called the meeting to order at 6:04 p.m.

2. ADOPTION OF AGENDA

Councillors requested the following items be added to the agenda:

• Councillor Mazza requested that Sarah Kaufman be added to the agenda under Delegations.
• Councillor Disero requested a briefing on the fire at the Lavendar Festival.
• Councillor Disero requested to speak under New Business.

Moved by Lord Mayor Pat Darte that the agenda be adopted, as amended.

APPROVED.

3. CONFLICT OF INTEREST

Councillor Jim Collard declared a conflict of interest with CDS-18-032 - 1376 York Road and any business relating to 144 &176 John Street and, as he and his wife own and operate a Short Term Rental.

Council Betty Disero declared a conflict of interest with the Public Meeting dealing with 427 Butler Street as she lives within close proximity to the subject lands.

Councillor Jamie King declared a conflict of interest with Operations Report OPS-18-024 - Road Authority Petition for Drainage Works as he lives within proximity to the Drain.

Councillor John Wiens declared a conflict of interest with any business relating to 144 & 176 John Street, as owns and operates a similar business.

4A. PUBLIC MEETING - 2018 DEVELOPMENT CHARGES

Gary Scandlan, Watson & Associates Economists Ltd.
Five year update to the Development Charges Study 2018

Kyle Freeborn, Director, Corporate Services (A) stated that the public meeting is in regard to the five year update to the Town's development charges. The Development Charges Act requires that the background study is completed and accepted by Council before development charges can be approved.

Gary Scandlan prepared an electronic presentation for the Committee. Mr. Scandlan detailed the study process and timelines, purpose of development charges, calculation, update on Bill 73, exemptions, local service policies, and growth forecast, etc. Mr. Scandlan further discussed development charges comparison charts.

Mr. Scandlan expressed that Watson & Associates will be making changes to the Local Service Policy that was provided in the Background Study to ensure that the Local Service Policy aligns with the prior AECOM capital works. This addendum would be released prior to the Council Meeting on July 16, 2018.

Mr. Scandlan answered questions from the Committee with regard to special levies for trails, clarification of densities, population increase and build out.

The Chair asked if there was anyone present to speak to the proposal.

Alfred Dyck, 2052 Four Mile Creek Road, stated he owns several businesses throughout Niagara-on-the-Lake. Mr. Dyck spoke to discretionary exemptions that Council could make for business owners in regard to development charges like an industrial development charges grant program similar to the Niagara Region and other local municipalities. Chair Councillor Jamie King thanked Mr. Dyck for coming forward.

4B. STATUTORY PUBLIC MEETING UNDER THE PLANNING ACT

The Chair welcomed those in attendance and noted there are four public meetings this evening. The Chair explained the process for the meetings and read the Planning Act requirements for submission of an appeal to the Ontario Municipal Board.

At the request of the Chair, it was confirmed by the Recording Secretary that notice of the public meetings to inform the public of the proposals, was complied with as per the Planning Act.

The Chair advised that anyone wishing to receive notice should leave his or her name with the Recording Secretary.

4.1 111 Garrison Village Drive - Zoning By-law Amendment

At the request of the Chair, Mark Iamarino, Planner II, Community & Development explained this is an application to amend the Zoning By-law for the purposes of consolidating the existing commercial zoning applicable to the lands, permitting a wider range of commercial uses, and changing the performance standards applicable to the permitted uses and built form on the lands.

The Chair asked if there was anyone present to speak in favour to the proposal.

Adam Hawley, Developer, provided background information in regard to the application. Mr. Hawley explained the current application is to update the zoning to add additional uses, increased building heights and being permitted to build within 6 metres of Niagara Stone Road. Mr. Hawley answered questions of the Committee with regard to access onto the property, future of the Supper Market location and communication with residents. Chair Councillor Jamie King thanked Mr. Hawley for coming forward.

Alexis Spieldenner, 3 Jordan Street spoke in favour of the application. Ms. Spieldenner stated she felt that the additions would enhance the quality of life for residents in Niagara-on-the-Lake

Gloria Lindsay-Luby, 59 Brock Street, spoke in favour of the application but did cite a concern with the potential traffic problems and the overall impact of the development.

Mark Brown, 54 Brock Street, President Village Community Association, spoke in favour of the application but stated concern with potential traffic. Mr. Brown stated good development but there are concerns that can be dealt with at site plan stage.

Wendy Cheropita, 14 Blackbird Street spoke in support of the application because it will encourage residents in the village to walk and stay within the village.

Chair Councillor Jamie King thanked those who came forward to speak in favour of the application.

The Chair asked if there was anyone present to speak in opposition to the proposal.

Douglas Gibson, 96 Garrison Village Drive. Mr. Gibson spoke in opposition to the proposal stating the development is not in the best interests of the residents of the Village. Mr. Gibson further spoke to the request in heights of buildings, traffic and the assembly hall and hotel.

Rick Stubbings, 655 Rye Street spoke in opposition to the proposal. Mr. Stubbings spoke to height and density.

Joseph Gushue, 33 Brock Street, spoke in opposition of the proposed development. Mr. Gushue spoke to setbacks and heights.

Eric Lehtinen, 1246 Niagara Stone Road stated he was not opposed to the application. Mr. Lehtinen stated he understood this was a good location for development but objected to the request in the increase in height.

Chair Councillor Jamie King thanked those at came forward to speak in opposition to the proposal.

4.2 Cannabis Production and Processing - Zoning By-law Amendment

At the request of the Chair, Mark Iamarino, Planner II, Community & Development explained the proposed by-law would affect all lands located throughout the Town of Niagara-on-the-Lake, with the purpose introducing increased setback requirements between cannabis production facilities and sensitive land uses. The proposed By-law is also intended to provide for clearer interpretation of provisions in regards to cannabis production and processing.

The Chair asked if there was anyone present to speak in favour to the proposal.

Andrew Stewart, 813 Line 8 Road, spoke in support of by-laws that increase setbacks but felt the proposed by-law falls short of what is needs to be done. Mr. Stewart stated that the setback need to be greater. Mr. Stewart answered questions from the Committee.
Sue Bates, 1296 Larkin Road, spoke in support of passing a by-law but stated concern with the by-law as they are written. Ms. Bates answered questions from the Committee.

Michelle Wallis, 1276 Larkin Road spoke in agreement and support of passing a by-law but does have similar concerns with regard to setbacks and smell. Ms. Wallis answered questions from the Committee.

Chair Councillor Jamie King thanked those who came forward to speak in favour of the application.

The Chair asked if there was anyone present to speak in opposition to the proposal.

Sean Webster, Tweed Farms stated concern with the proposed by-law as they would not be able to undertake upgrades or modernization to their current facilities. He stated that the proposed is to mitigate ordours but will limit their efforts. Mr. Webster and Ms. Sorely were recalled later in the meeting to answer further questions from the Committee.

Laura Dean, Aird & Berlis speaking on behalf of Niagara Grown Ltd. Ms. Dean stated her client objects to the proposal to increase existing separation distances between lands, buildings or structures. Niagara Grown Ltd. believes the proposed amendments are restrictive and will hinder their ability to meet the needs of its clients.

Irene Murray, 1367 Larkin Road spoke in opposition of the proposed amendments and stated the setback distances needed to be greater then those proposed.

Brian Lillos, 5 Evergreen Lane stated he was in support of the medical use but stated concern with air filtration measures.

Rick Juras, 1167 Line 6 Road, spoke against the expanded setbacks he stated it is the issue of smell that should be addressed.

Bryan Grant, 1212 Lakeshore Road, St. Catharines spoke against the expanded setbacks he stated it is the issue of smell is the main concern.

Chair Councillor Jamie King thanked those at came forward to speak in opposition to the proposal.

4.3 1849 Four Mile Creek Road, Zoning By-law Amendment and Plan of Vacant Land Condominium

At the request of the Chair, Jesse Auspitz, Planner II, Community & Development explained that this is an application to amend the Zoning By-law and for Plan of Vacant Land Condominium for the purposes of facilitating the development of ten (10) single-detached dwelling units and common elements for the inclusion of a private road, parking and landscaping. The proposed Zoning By-law Amendment addresses setbacks, lot coverage, lot area, and landscaped open space.

The Chair asked if there was anyone present to speak in favour to the proposal.

Thomas A. Richardson, Sullivan Mahoney was present on behalf of the applicant and provided an overview and background information in regard to the application. Mr. Richardson spoke to proposal to develop 10 single detached dwellings as a vacant land condominium.

Susan Smyth, Quartek Group was present on behalf of the applicant Bice Builders. Ms. Smyth referred to an electronic presentation and provided a review of provincial, regional, and municipal policies relative to the application.

Josh Bice, Bice Builders answered questions from the Committee in regard to direction of dwellings, lighting, fencing and lot depth.

Chair Councillor Jamie King thanked Mr. Richardson, Ms. Smyth and Mr. Bice for coming forward.

The Chair asked if there was anyone present to speak in opposition to the proposal.

No one came forward to speak in opposition to the proposal.

4.4 727-733 King Street - Zoning By-law Amendment and Plan of Subdivision

At the request of the Chair, Mark Iamarino, Planner II, Community & Development explained that applications were received for a Plan of Subdivision and Zoning By-law Amendment for 727-733 King Street. The application for Plan of Subdivision is to facilitate the creation of two lots (Lots 1 and 3) for two existing single-detached dwellings and one lot (Lot 2) intended for the future development of four single-detached dwellings. The application for Zoning By-law Amendment proposes to rezone Lots 1, 2, and 3 to ‘Residential (R1) – Site Specific. If the applications are approved, applications for Part Lot Control Exemption and Plan of Common Elements Condominium will be filed at a later date to create the four single-detached dwellings and private road on Lot 2.

The Chair asked if there was anyone present to speak in favour to the proposal.

John Henricks and Heather Sewell, Niagara Planning Group were present on behalf of the applicant. Ms. Sewell provided background information in regard to the application. She further referred to an electronic presentation and provided a review of provincial, regional, and municipal policies relative to the application.

Chair Councillor Jamie King thanked Mr. Henricks and Ms. Sewell for coming forward.

The Chair asked if there was anyone present to speak in opposition to the proposal.

Keith Stuart, 722 King Street spoke in opposition to the proposal stating his main concern is the proposal is the possibility for 16 townhomes. He stated further concern with a congestion, trees and the new private laneway.

Richard Pangka, 13 Meritage Lane spoke in opposition to the proposal stating concern with privacy, fencing, losing light, and height of dwelings.

Patrick Gedge, 11 Meritage Lane spoke in opposition to the proposal due loss of privacy and height of dwellings. Mr. Gedge further spoke to setbacks.

Chair Councillor Jamie King thanked those who spoke in opposition to the proposal for coming forward.

4.5 427 Butler Street - Zoning By-law Amendment

Council Betty Disero previously declared a conflict of interest with the Public Meeting dealing with 427 Butler Street as she lives within catchment area. Councillor Betty Disero did not take part in any discussion on this matter.

At the request of the Chair, Raymond Tung, Urban Design Specialist, Community & Development explained that an application to amend the Zoning By-law has been received for lands located at 427 Butler Street to recognize the existing residential use of the property, and to permit the future severance of one additional lot for single-detached residential purposes. A limited range of commercial uses are proposed to be maintained in the site-specific zone. The lands are currently zoned General Commercial (GC) in Zoning By-law 4316-09 (as amended) and are designated General Commercial in the Town’s Official Plan.

The Chair asked if there was anyone present to speak in favour to the proposal.

John Henricks and Heather Sewell, Niagara Planning Group were present on behalf of the applicant. Ms. Sewell provided background information in regard to the application. She further referred to an electronic presentation and provided a review of provincial, regional, and municipal policies relative to the application. Ms. Sewell answered questions from the Committee.

Chair Councillor Jamie King thanked Mr. Henricks and Ms. Sewell for coming forward.

The Chair asked if there was anyone present to speak in opposition to the proposal.

No one came forward to speak in opposition to the proposal.

5. DELEGATIONS/ PRESENTATIONS

5.1 Sarah Kaufman, Managing Director, Curator
Niagara Historical Society & Museum

Ms. Kaufman was before the Committee to speak the commemoration of the 225th Anniversary to end salvery. The Chloe Cooley incident and the Act to Limit Slavery, was passed July 9th, 1793. The Adinkra Symbol Epa “handcuffs” is displayed in the garden at the end of Mississagua and Queen Street.

Chair Councillor Jamie King thanked Ms. Kaufman for her presentation.

5.2 David Bell, 511 Charlotte Street, S.O.R.E.
CDS-18-034 - Municipal Heritage Committee Minutes - June 12, 2018
C. Shedden Legal Opinion to the Municipal Heritage Committee

Councillor Jim Collard declared a conflict of interest with any business relating to 144 &176 John Street and, as he and his wife own and operate a Short Term Rental. He did not vote or take part in any discussion regarding this matter.

Councillor John Wiens declared a conflict of interest with any business relating to 144 & 176 John Street, as owns and operates a similar business. He did not vote or take part in any discussion regarding this matter.

David Bell addressed the Committee with respect to a legal opinion provided to the Municipal Heritage Committee (MHC). Mr. Bell stated the opinion was to address the role of the MHC in regard to the proposed development of the Randwood Estate. Mr. Bell requested that Council uphold the previous decision of Council in 2011 and the approval of the final design be subject to the approval of the Municipal Heritage Committee.

Moved by Councillor Betty Disero that direction be provided to staff to prepare an Information Report in response to the delegation, which would specifically address the following:

• what is the relation of the holding by-law to the zoning by-law;
• is their any ability of Council to delegate authority to the Municipal Heritage Committee to provide recommendations to approve or not approve the site plan.

APPROVED.

Moved by Lord Mayor Pat Darte that the meeting time be extended to the completion of the agenda.

APPROVED.

5.3 Fire Chief Rob Grimwood
& Brett Ruck, Supervisor, Environmental Services
Update Fire at Lavender Festival - July 8, 2018

Fire Chief Grimwood provided an update to the Committee on the July 8, 2018 that consumed 19 vehicles and caused damage to 15 others. Eleven fire trucks and 44 fire fighters were on scene to battle the fire. Fire Grimwood further stated that some fire fighters were treated for smoke inhalation. Damaged vehicles were still on site awaiting removal.

The Ministry of Environment (MOE) was called in to investigate the leakage of gasoline.

Brett Ruck, Supervisor provided an update with regard to the drainage in the field. Mr. Ruck stated that a decision was made to dig to find the drainage system, and it was found that there was mud and clay in the pipes which most likely contained the majority of the spill, as a precaution booms to further contain the spill along with water quality sampling. MOE has spoken with landowners, landowners will remediate the soil.

The Lord Mayor and Councillors commended the Niagara-on-the-Lake Fire Fighters for their dedicated service.

6. CONSENT AGENDA:

At this time the Chair asked for members to identify any items to be lifted for separate discussion.

Councillor Betty Diserio requested that Report CAO-18-001 be lifted for separate discussion.

Councillor John Wiens requested that Report CDS-18-033 be lifted for separate discussion.

Councillor Paolo Miele requested that Report CDS-18-022, CDS-18-029, and CS-18-014 be lifted for separate discussion.

Moved by Councillor Jim Collard that the Consent Agenda be approved, with the exception of items listed for separate discussion above, and the recommendations contained therein be forwarded to Council for adoption.

APPROVED, AS AMENDED.

(a) Items Not Requiring Separate Discussion

The following reports were not lifted for discussion and the recommendations contained within the reports were approved as presented as follows:

CDS-18-030 432 Dorchester Street - Request for Sanitary Allocation

1.1 the owner's request for sanitary allocation for one new dwelling unit at 432 Dorchester Street be approved.

CDS-18-031 File No. ZBA-11-2018 - E/S Queenston Street - Application for Zoning By-law Amendment

1.1 The application for Zoning By-law Amendment for lands located on the east side of Queenston Street, being legally described as Lot 166, Pt Lots 165 & 167, Corporation Pl 1, Part 4, 30R14180 be approved; and

1.2 The draft Zoning By-law Amendment and Schedule, attached as Appendices B and B1 respectively to this report, be forwarded to Council for adoption.

CDS-18-032 File No. SP-02-2018 -1376 York Road - Site Plan and Site Plan Agreement

Councillor Jim Collard previously declared a conflict of interest with CDS-18-032 - 1376 York Road. Councillor Jim Collard did not not vote or take part in any discussion.

1.1 The Site Plan with respect to lands known municipally as 1376 York Road, attached as Appendix B, together with the Site Plan Agreement attached as Appendix C, be approved.

CDS-18-034 Municipal Heritage Committee Minutes - June 12, 2018

1.1 The June 12, 2018 Municipal Heritage Committee Minutes be received, attached as Appendix A to this report.

1.2 The following apply with respect to the motion to establish a listing and designation subcommittee:

1.2.1 Council establish a Listing and Designation subcommittee, and that staff be directed to create a terms of reference to be reviewed by the MHC and forwarded to Council for approval.

1.3 The following apply with respect to the Heritage Restoration & Improvement Grant and Heritage Permit Applications permit exterior painting of the house at 123 Johnson Street (MHC-18-024):

1.3.1 the Heritage Restoration & Improvement Grant and Heritage Permit to permit exterior painting of the house, as per the quote and specifications provided by Steve Bushnik for $14,125, with the Town and Region each providing $3,531.25 in grant funding (Regional funding subject to availability) be approved for 123 Johnson Street;

1.3.2 the existing paint at 123 Johnson Street be removed using the safest and gentlest method possible, as identified in the Standards and Guidelines for the Conservation of Historic Places in Canada, which includes avoiding water-blasting or power-washing; and

1.3.3 the applicant complete a Grant Agreement, to be submitted to the Town, for the approved Heritage Restoration & Improvement Grant at 123 Johnson Street.

1.4 The following apply with respect to the Heritage Restoration & Improvement Grant and Heritage Permit Applications permit exterior painting of the house at 177 Victoria Street (MHC-18-025):

1.4.1 the Heritage Restoration & Improvement Grant and Heritage Permit to permit exterior painting of the house and barn, as per the quote and specifications provided by Marlon Schmidt for $8,475.00, with the Town and Region each providing $2,118.75 in grant funding (Regional funding subject to availability) be approved for 177 Victoria Street;

1.4.2 the existing paint at 177 Victoria Street be removed using the safest and gentlest method possible, as identified in the Standards and Guidelines for the Conservation of Historic Places in Canada, which includes avoiding water-blasting or power-washing; and

1.4.3 the applicant complete a Grant Agreement, to be submitted to the Town, for the approved Heritage Restoration & Improvement Grant at 117 Victoria Street.

1.5 The following apply with respect to the Heritage Permit Application to install four flat roof drains, replace an existing second floor window, and repair damaged trims and wood details at 43 Queen Street (MHC-18-026):

1.5.1 the heritage permit application for 43 Queen Street to install four new rear flat roof drains, replace existing second floor windows, and replace and repair damaged trims and details be approved, with the applicant retaining as much sound and repairable wood as possible.

1.6 The following apply with respect to the Heritage Permit Application to install a wall sign at 12 Queen Street (MHC-18-027):

1.6.1 the heritage permit application to install a wall sign at 12 Queen Street be approved;

1.6.2 the proponent be required to obtain a sign permit for the proposed sign at 12 Queen Street; and

1.6.3 the proposed sign be constructed of wood, and be of a matte finish at 12 Queen Street.

1.7 The following apply with respect to the Heritage Permit Application for 135 Queen Street to permit revisions to the approved Site Plan, Landscape Plan and Building Elevations (MHC-18-029):

1.7.1 The heritage permit application for 135 Queen Street to permit revisions to the approved Site Plan, Landscape Plan and Building Elevations be approved;

1.7.2 the door at the west building elevation of 135 Queen Street be removed, to the satisfaction of the Director of Community and Development Services;

1.7.3 the final capping system design for 135 Queen Street be approved to the satisfaction of the Municipal Heritage Committee;

1.7.4 the applicant return to the Municipal Heritage Committee for final approval of the water fountain designs for 135 Queen Street; and

1.7.5 the applicant provide for additional trees on the landscaping plan internal to the site, to the satisfaction of the Municipal Heritage Committee for 135 Queen Street.

1.8 The following apply with respect to the Heritage Permit Application to permit the addition of box store windows over the existing front windows and to use synthetic materials in the replacement of doors and window muntins on the front elevation at 125-129 Queen Street (MHC-18-030):

1.8.1 The Committee commend the applicant for restoring the windows at 125-129 Queen Street;

1.8.2 The Heritage Permit Application to remove existing windows and add box store windows at 125-129 Queen Street be refused; and

1.8.3 The Heritage Permit Application to replace existing doors at 125-129 Queen Street with fibre glass doors be approved.

1.9 The following apply with respect to the addition of properties municipally known as 1 Christopher Street, 9 Christopher Street, 580 Charlotte Street and 2 Weatherstone Court to the Town’s Municipal Register of Properties of Cultural Heritage Value and Interest (MHC-18-031):

1.9.1 Council add the properties municipally known as 1 Christopher Street, 9 Christopher Street, 580 Charlotte Street and 2 Weatherstone Court to the Town’s Municipal Register of Properties of Cultural Heritage Value and Interest in recognition of the brick, concrete and stone walls and related arch and gateway features that define the original extent of the Rand Estate.

1.10 The following apply with respect to 1665 Four Mile Creek Road (Virgil Public School):

1.10.1 That based on existing research, the property at 1665 Four Mile Creek Road is worthy of consideration for designation under the Ontario Heritage Act; and

1.10.2 That Staff be directed to initiate conversations with the property owner to express interest in pursuing designation under the Ontario Heritage Act and report back to the MHC and Council as appropriate.

CDS-18-035 Agricultural Committee Minutes

1.1 that the minutes of the Agricultural Committee meeting of May 2, 2018 be received;

1.2 that the following recommendations from the May 2, 2018 Agricultural Committee meeting be adopted:

1.2.1 that Council consider asking the Ministry of Transportation and planning authorities to consider the planting of trees within the interchange at Queen Elizabeth Way and Glendale Avenue.

CS-18-015 Development Charges Background Study and By-law

1.1 the Watson & Associates Economists Ltd. Development Charge Background Study and Local Service Policy dated May 17, 2018 be approved; and,

1.2 The by-law establishing development charges for the Town of Niagara-on-the-Lake including any amendments following the public meeting on July 9th, 2018, be forwarded to Council for approval on July 16th 2018; and,

1.3 The new by-law take effect January 1, 2019; and,

1.4 Council approve the underlying growth forecasts, calculations and other requirements of the Development Charges Act, 1997; and,

1.5 Council continue the Development Charges approach to calculate water, wastewater and stormwater services on an urban-area basis and calculate all other services on a uniform Town-wide basis; and

1.6 Council confirm that no further public meeting is required pursuant to Section 12(3) of the Development Charges Act, 1997 relating to annual indexing.

FES-18-003 Fire Department Radio System

1.1 That Council endorse the continuation of the use of the current analog radio system as recommended as Option #1 in this report; and

1.2 That Council support the continuation of capital project C01260 for the analog radio system upgrades as recommended in this report with an increase in Capital funding of $33,000, to be funded from the sale of the old Virgil Fire Station, for a total project budget of $328,000; and

1.3 That staff report back to Council regarding the annual operating costs of the analog system improvements once they are known; and

1.4 That staff report back to Council regarding the potential need for vehicle repeaters upon completion of the project and completion of testing to determine any coverage gaps that may still exist.

FES-18-004 Fire Fleet Replacement Forecast

1.1 That Council approve, in principal, the recommended changes to the fire fleet replacement forecast as outlined in this report. These changes would then be presented as part of the 10-year capital forecast during the 2019 capital budget deliberations.

1.2 That Council approve the replacement of a fire department ladder truck at a budget of $1,300,000 to be funded through a future debenture.

OPS-18-024 Road Authority Petition for Drainage Works – Appointing an Engineer

Councillor Jamie King previously declared a conflict of interest with Operations Report OPS-18-024 - Road Authority Petition for Drainage Works as he lives within proximity to the Drain. Councillor Jamie King did not vote or take part in any discussion

1.1 That Council, having accepted the petition for drainage works filed by the Director of Operations and in accordance with Section 8(1) of the Drainage Act R.S.O. 2010, appoint K. Smart Associates Limited by by-law to make an examination of the area requiring drainage as described in the petition and to prepare an Engineer’s Report under Section 4 and Section 78 of the Drainage Act, in accordance with Section 8(1) of the Drainage Act R.S.O. 2010

1.2. That Council direct the Clerk to prepare the required by-law for the appointment of K. Smart Associates Ltd.

OPS-18-025 Petition for Drainage Works, York Road – Appointing an Engineer

1. That Council, having accepted the petition for drainage works filed by Mr. Stanley Lament and in accordance with Section 8(1) of the Drainage Act R.S.O. 2010, appoint K. Smart Associates Limited by by-law to make an examination of the area requiring drainage as described in the petition.
2. That Council direct the Clerk to prepare the required by-law for the appointment of K. Smart Associates Ltd.

OPS-18-026 Active Transportation Minutes, June 12, 2018

1.1 that the June 12, 2018 Active Transportation Committee Minutes be received and;

1.2 that the following recommendations be forwarded to Council for approval as outlined in the June 12, 2018 Active Transportation Committee minutes;

1.2.1 that the terms of reference of the Active Transportation Committee be adjusted to have a Legacy Trail subcommittee within the Active Transportation Committee be established,
1.2.2 and a member of the subcommittee attend the Active Transportation Committee meetings. The composition would come from the Sesquicentennial committee membership.

OPS-18-027 Concession 2 Road, Bridge 6 Road Repairs

1.1 That Council approve the re opening of Capital Account C00300 to allow for additional expenditures on the Concession 2 Road Bridge by transferring funds from the Bridge and Culvert Reserve Account.

OPS-18-028 Concession 2 Road, Bridge 6 Road Repairs

1.1 That Council accept the revised tender of $1,199,075.00 (excluding applicable taxes) from Brennan Paving Ltd. for the Queenston Road Asphalt Resurfacing and Guide Rails (Concession 7 Road to Townline Road) with final payment based on actual quantities and tendered unit prices;

1.2 That Council accept the estimated engineering costs for inspection and contract administration, from Quartek in the amount of $87,950.00 (excluding applicable taxes);

1.3 That the additional funds of $122,025.00 be funded from the Capital Reserve.

APPROVED.

(b) Items Requiring Separate Discussion

Council lifted the following reports for discussion and voted on the recommendations contained in the reports separately.

CDS-18-022 Telecommunications Agreements

Discussion took place regarding:

• revenue income to the municipality
  

Moved by Councillor Paolo Miele that the recommendations contained in Community & Development Services Report CDS-18-022 be adopted to included that:

1.1 Staff be directed to prepare and Council approve a by-law providing that the Lord Mayor and Clerk be authorized to execute any existing or future agreements, and/or amendments to existing agreements which are consistent with the Town's Comprehensive Telecommunication Plan; and

1.2 Staff be directed to prepare and Council approve a by-law providing that the Lord Mayor and Clerk be authorized to execute amendments to existing Agreements with Bell Mobility Inc. regarding existing Small Cell Antennae Systems in the following locations:

(a) Northwest corner of Front Street and Simcoe Street;
(b) Northside of William Street, west of Nassau Street; and
(c) Westside of Dorchester Street, north of John Street..

APPROVED.

CDS-18-029 NOISE: Proposed Amendments to By-law 4588-12

Discussion took place regarding:

• measuring decibel levels
• noise levels
• cost of policing
  

Moved by Councillor Paolo Miele that the recommendations contained in Community & Development Services Report CDS-18-029 be adopted to included that:

1.1 consideration be given to amending the By-law 4588-12 as follows:

1.1.1 adding a definition of noise to Section 2 Definitions;
1.1.2 amending Section 3.1 allowing an Officer to monitor an establishment from municipal road; and
1.1.3 amending Section 9 of Schedule 'C' Prohibitions by Time and Place by removing the word 'outdoors'.

APPROVED.

CDS-18-033 File No. 26T-18-17-03 - 1909 Lakeshore Road - Draft Plan of Subdivision, Zoning By-law Amendment and Request for Sanitary Allocation

Discussion took place regarding:

• large lots into multiple lots
• lot sizes are too small
• trees on the property

Moved by Councillor John Wiens that the recommendations contained in Community & Development Services Report CDS-18-033 be adopted to included that:

1.1 The Zoning By-law Amendment for lands known municipally as 1909 Lakeshore Road be approved;

1.2 The draft Zoning By-law Amendment for lands known municipally as 1909 Lakeshore Road, attached as Appendix C to this report, be forwarded to Council for adoption;

1.3 The Draft Plan of Subdivision for lands known municipally as 1909 Lakeshore Road, attached as Appendix B to this report, be approved in accordance with the provisions of the Planning Act and regulations thereunder, subject to the conditions contained in Appendix D to this report;

1.4 The Lord Mayor be authorized to endorse the Draft Plan of Subdivision for 1909 Lakeshore Road as ‘approved’ 20 days after notice of Council’s decision has been given, provided that no appeals have been received; and

1.5 The owner's request for sanitary allocation, attached as Appendix E to this report, for three new dwelling units for lands known municipally as 1909 Lakeshore Road, be approved.

DEFEATED.

CAO-18-001 Economic Development Working Group Minutes - June 20, 2018

Discussion took place regarding:

• target audience
• economic development plan

Moved by Councillor Betty Disero that the recommendations contained in Corporate Services Report CAO-18-001 be adopted to included that:

1.1 that the June 20, 2018 Economic Development Working Group minutes be received and;

1.2 that the following recommendations be forwarded to Council for approval as outlined in the June 20, 2018 Economic Development Working Group minutes;

1.2.1 that the services of Rene Bertschi be retained to film and edit a three to four minute video that highlights economic development potential in Niagara-on-the-Lake and that project costs do not exceed $5000.

APPROVED.

CS-18-014 Purchase of 176 Wellington Street - Funding Strategy

Discussion took place regarding:

• lease payments
• commitment from lease holders

Moved by Councillor Paolo Miele that the recommendations contained in Corporate Services Report CS-18-014 be adopted to included that:

1.1 Council approve the funding strategy as outlined in this report, of $3,500,000 through the Town's Development Charges, for the purchase of 176 Wellington Street from the Niagara Health System.

APPROVED.

7. INFORMATION PACKAGES

Discussion took place with regard to:

• Letter regarding 200 John & 580 Charlotte Street
• Information Report regarding Tourism Budget

Moved by Councillor Jim Collard that the June 14, June 21, June 28 and July 5, 2018 Information Packages be received.

APPROVED.

NEW BUSINESS

Discussion took place with regard to:

• upcoming Local Planning Appeal Tribunal (LPAT) hearings
• establish a benchmark with school board for a high school
• code of conduct and Municipal Act clarification with regard to a conflict of interest item
• 1357 Niagara Stone Road By-law enforcement issue
  

Moved by Councillor Terry Flynn that Town Council be provided an update to a by-law enforcement issue with regard to 1357 Niagara Stone Road and this matter be dealt with in closed session on July 16, 2018.

APPROVED.

(a) Notice of Motion - 963 Queenston Road

Councillor Betty Disero put forth a notice of motion regarding 963 Queenston Road.

(b) Notice of Motion - St. Davids Pool

Councillor Betty Disero put forth a notice of motion regarding the St. Davids Pool.

(c) Notice of Motion - Lake Report

Councillor Betty Disero put forth a notice of motion regarding the Lake Report.


Lord Mayor, this concludes the Minutes/Report of the Committee of the Whole Meeting. I Councillor ___________________ move, seconded by Councillor __________________ that the Minutes/Report of the July 9, 2018 Committee of the Whole Meeting be adopted.