Sheldon Randall Chief Administrative Officer (A)
Craig Larmour Director, Community & Development Services
Kyle Freeborn Treasurer/Director, Corporate Services (A)
Fred Cervantes Manager, IT
Nick Ruller Fire Chief
Rick Wilson Manager, Planning
Jeff Vyse Director, Public Works (A)
Brett Ruck Manager, Public Works (A)
Peter Todd Town Clerk

Dariya Baiguzhiyeva The Lake Report
Penny Coles The NOTL Local

1. CALL TO ORDER

Chair Councillor John Wiens called the meeting to order at 5:00 p.m.

2. ADOPTION OF AGENDA
The following members requested to speak under New Business: Lord Mayor Betty Disero, Councillors: Al Bisback, Norm Arsenault, Gary Burroughs, and Erwin Wiens.

Moved by Councillor Al Bisback that the agenda be adopted, as amended.

APPROVED, AS AMENDED.

3. CONFLICT OF INTEREST
Councillor Al Bisback declared a conflict of interest regarding a closed session item specifically Item 4 relating to 144-176 John Street East as he lives in close proximity to the notice area.

Councillor John Wiens declared a conflict of interest regarding Community & Development Services Report No. CDS-19-027 - ZBA-07-2019 Removal of Holding (H) Symbol 16006 Niagara River Parkway as he owns a restaurant.

Councillor John Wiens declared a conflict of interest regarding Committee & Development Services Report No. CDS-19-029 - Applications for Site Plan Approval 15606 - 15608 Niagara River Parkway & 15618 Niagara River Parkway Grand Victorian and Reif Estate Winery, as an owner of the property is a partner to his business.

Councillor John Wiens declared a conflict of interest with Delegation 4.5 with regard to CDS-19-029 - Grand Victorian & Reif Estate Winery Site Plan as he owns a restaurant.

4. PRESENTATIONS/ DELEGATIONS

4.1 Michael Howe - 2WA Consulting

Mr. Howe provided a presentation to the Committee on the Draft Strategic Plan. The presentation described the changes made following the session with Council on Wednesday July 10, 2019. The draft was then reviewed and amended by the Steering Committee on Monday August 26, 2019. The final product was presented by Mr. Howe.

Mr. Howe answered questions from Committee members and encouraged members to bring forward any amendments to the draft strategic plan at this time.

Moved by Lord Mayor Betty Disero that "and businesses" be added after residents under the ‘Corporate Mission’ to read as follows:

"At your service - providing outstanding support, friendly assistance and effectively delivered services to our residents and businesses throughout Niagara-on-the-Lake."

APPROVED.

Moved by Lord Mayor Betty Disero that under the second bullet of strategy number 1 the word "administrative" be added in front of the words "task force" to read as follows:

"Develop administrative task force to create prioritized actions as well as smart growth criteria to be used to ensure all future decisions align with strategy."

APPROVED.

Moved by Lord Mayor Betty Disero that the third bullet under strategy 1 be removed and that Council continue to address the pillars under this strategy in their decision making through its various committees.

APPROVED.

Moved by Lord Mayor Betty Disero that the word "agriculture" be added in the corporate vision, after the word "heritage", to read as follows:

"Working together to maintain our heritage, agriculture and distinct beauty while creating vibrant sustainable communities for all."

APPROVED.

Moved by Councillor Al Bisback that the order of the strategic priorities be amended to be reordered as follows: 3, 1, 2, 5, 4 and eliminate the use of numbers in the next draft.

APPROVED.

Moved by Lord Mayor Betty Disero that Report CAO-19-002 - Strategic Plan be dealt with at this time. CAO-19-002 was voted on and approved. Noted under the Consent Agenda Item (b) first report.

APPROVED.


4.2 Bill Hamilton, 1448 Niagara Stone Road

Bill Hamilton spoke to the state of Butlers' Burial ground stating that the property is in need of repair. Mr. Hamilton stated that the property is owned by Parks Canada who has added this property to their maintenance list but are unable to include as one of their restoration projects as it is not designated as a National Historic Site. Mr. Hamilton further spoke to the work required to bring the property in order and the history of Colonel Butler. Mr. Hamilton was requesting Council's endorsement to start the process in restoring the property.

4.3 Jane Chapell, 82 Garrison Village Drive and George Scott, 80 Garrison Village Drive - Garrison Village Parking

Jane Chapel and George Scott stated they were before the Committee to discuss the need for on-street parking within the Village Subdivision. They referred to an electronic presentation, they spoke to The Village and it's unique design features, conflict between the current parking by-law and the design, and their request for assistance. The Committee asked questions of the delegates.

4.4 Thomas Richardson, Sullivan, Mahoney
CDS-19-028 - 963 Queenston Road (Queenston Mile Winery)

Mr. Richardson referred to an electronic presentation regarding the proposed winery. Mr. Richardson stated his clients are in opposition of the proposed zoning by-law amendment for the winery. Mr. Richardson spoke to uses that were not permitted and production issues. Mr. Richardson answered questions from the Committee.

Chair Councillor John Wiens stepped down as Chair and Councillor Al Bisback took the Chair.

4.5 Sara Premi, Sullivan, Mahoney
CDS-19-029 - Grand Victorian & Reif Estate Winery Site Plan

Councillor John Wiens previously declared a conflict of interest with Delegation 4B. 4 Sara Premi with regard to CDS-19-029 - Grand Victorian & Reif Estate Winery Site Plan as he owns a restaurant.

Sara Premi stated she was appearing on behalf of the applicants for the site plan applications. Ms. Premi stated they were in support of the recommendations in the staff report. Ms. Premi answered questions from the Committee.

Chair Councillor John Wiens resumed the Chair.

4.6 Leslie Frankish, 7 Wilberforce Avenue
Chautauqua Community Tree Plan & Niagara-on-the-Lake Tree Protection By-law

Leslie Frankish spoke to the need to align the community tree plan with the Town's By-law. Ms. Frankish referred to an electronic presentation. Ms. Frankish spoke to the trees in the Chautauqua Area, tree canopy and the right trees to plant. Ms. Frankish answered questions from the Committee.

4.7 Brett Ruck, Manager, Public Works (A)
Dock Area Update

Brett Ruck provided an update in regard to the on-going shoreline protection and flood mitigation projects taking place in the dock area.

4.8 Kyle Freeborn, Director, Corporate Services (A)
Budget Timeline Process

Kyle Freeborn referred to an electronic presentation on the Budget Timeline Process for the 2020 Budget. Mr. Freeborn spoke to a revised budget process, business case preview, first draft operating budget, budget drivers and next steps. Mr. Freeborn answered questions from the Committee.

5. RESPONSE TO DELEGATIONS

4.8 Budget Timeline Process

Moved by Councillor Al Bisback that the Budget Timeline and process report be referred to the Audit Committee for further discussion. All Councillors are to be invited to the Audit Committee to participate in the discussions.

APPROVED.

4.2 Butlers Burial Ground

Moved by Lord Mayor Betty Disero that Councillor Gary Burroughs and herself work with Bill Hamilton in setting up a small committee to approach different community partners in the restoration of Butlers Burial Ground, and that Kevin Turcotte and Sheldon Randall also form part of the committee.

APPROVED.

4.3 Garrison Village Parking

Moved by Councillor Norm Arsenault that Council request staff bring forward any and all reports related to the Village Subdivision from 2016 and 2017. These reports be brought forward to a future meeting.

AND FURTHER that the Fire Chief be asked to address whether the rear lanes are suitable for parking or whether the are any fire regulations regarding the lanes.

APPROVED.

6. STATUTORY PUBLIC MEETING UNDER THE PLANNING ACT

There no public meetings at this time.

7. CONSENT AGENDA:

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

The following reports were lifted for separate discussion: CDS-19-026, CDS-19-027, CDS-19-028, CDS-19-029, CDS-19-030, CS-19-025, OPS-19-016, OPS-19-017, OPS-19-018.

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

APPROVED.

(a) Items Not Requiring Separate Discussion

CS-19-024 2020 Council Meeting Schedule

1.1 that the proposed schedule for meetings of Committee of the Whole and Council during 2020, as outlined in Appendix I attached to this report, be approved.

FC-19-009 2020 Draft Operating Budget

1.1 That the 2020 Base Operating Budget with a proposed Property Tax Levy increase of 6.07% and related materials attached to this report be received for information; and

1.2 Council provide further budget direction in terms of an overall target or other budget priorities.

FES-19-005 Water and Ice Rescue Level of Service

1.1 that Council approve staff’s recommendation regarding the current level of service as it relates to the provision of water and ice rescue and maintain the automatic aid agreement with the City of St. Catharines Fire Services as authorized through by-law 5013-17.

OPS-19-015 2014 State of the Infrastructure - Roads

1.1 Council accept the 2014 State of the Infrastructure Report and refer the study and its recommendations to the Budget Committee for consideration and inclusion as part of the 2020 Capital and Operating Budget deliberations.

b) Items Requiring Separate Discussion

CAO-19-002 2018-2022 Strategic Plan

Moved by Lord Mayor Betty Disero that the recommendation contained in Report CAO-19-002 be approved as follows:

1.1 that Council approve the attached Strategic Plan, as amended.

APPROVED.

Chair Councillor John Wiens stepped down and Councillor Al Bisback took the Chair.

CDS-19-027 ZBA-07-2019 - Removal of Holding (H) Symbol
16006 Niagara River Parkway (Kurtz Orchards)
Restaurant Use - Traffic Impact Study Requirements

Chair Councillor John Wiens previously declared a conflict of interest regarding Report No. CDS-19-027 - ZBA-07-2019 Removal of Holding (H) Symbol 16006 Niagara River Parkway as he owns a restaurant.

Discussion took place regarding:

• signage
• restaurant use
• traffic & entrances

Moved by Councillor Gary Burroughs that the recommendations contained in CDS-19-027 be approved as follows:

1.1 The Zoning By-law Amendment application (File ZBA-07-2019) to remove the Holding (H) symbol from the site specific Zoning By-law affecting the lands known municipally as 16006 Niagara River Parkway, be approved; and

1.2 The draft Zoning By-law Amendment, attached as Appendix B to this report, to remove the Holding (H) symbol affecting the subject lands, be forwarded to Council for adoption.

DEFEATED.

CDS-19-029 Applications for Site Plan Approval
15606-15608 Niagara River Parkway & 15618 Niagara River Parkway Grand Victorian and Reif Estate Winery

Councillor John Wiens previously declared a conflict of interest regarding CDS-19-029 - Applications for Site Plan Approval 15606 - 15608 Niagara River Parkway & 15618 Niagara River Parkway Grand Victorian and Reif Estate Winery, as an owner of the property is a partner to his business.

Moved by Councillor Gary Burroughs that the recommendations contained in CDS-19-029 be approved as follows:

1.1 The draft Site Plan Agreement, attached as Appendix B to this report, affecting the subject lands, known municipally as 15606 - 15608 Niagara River Parkway (Reif Estate Winery), Town of Niagara-on-the-Lake, together with the draft Site Plan, attached as Appendix C to this report, be forwarded to Council for approval, subject to the following condition(s):

1.1.1 That the owner enter into a site plan agreement with the Town and that the same is registered against the title of the subject lands, known municipally as 15606 - 15608 Niagara River Parkway, all to the satisfaction of Council or a designate.

1.2 The draft Site Plan Agreement, attached as Appendix D to this report, affecting the subject lands, known municipally as 15618 Niagara River Parkway (Grand Victorian), Town of Niagara-on-the-Lake, together with the draft Site Plan, attached as Appendix E to this report, be forwarded to Council for approval, subject to the following condition(s):

1.2.1 That the owner enter into a site plan agreement with the Town and that the same is registered against the title of the subject lands, known municipally as 15618 Niagara River Parkway, Town of Niagara-on-the-Lake, all to the satisfaction of Council or a designate.

APPROVED.

Councillor John Wiens resumed the Chair.

CDS-19-026 Cannabis By-law Update

Discussion took place regarding:

• separation distance
• agricultural uses
• timing

Moved by Councillor Erwin Wiens that CDS-19-026 - Cannabis By-law Update be deferred until the next Council meeting on September 16, 2019 and that Councillors Erwin Wiens & Wendy Cheropita and Lord Mayor Betty Disero meet with staff for further clarification.

APPROVED.

Moved by Councillor Wendy Cheropita that the recommendations contained in CDS-19-026 be approved as follows:

1.1 Council receive report CDS-19-026 regarding the Cannabis By-law Update for Information Purposes.

1.2 Council direct Staff to initiate an Official Plan and Zoning By-law Amendments to regulate cannabis cultivation and production in accordance with Council’s motion of July 15, 2019; and

1.3 Council direct Staff to forward the draft Municipal Act By-law, attached as Appendix A, to legal counsel for review.

DEFERRED TO SEPTEMBER 16, 2019 COUNCIL MEETING.

CDS-19-028 ZBA-17-2018 - Application for Zoning By-law Amendment - 963 Queenston Road
Proposed Estate Winery (Queenston Mile Vineyard)
Addendum Report

Moved by Councillor Wendy Cheropita that the recommendations contained in CDS-19-028 be approved as follows:

1.1 The Zoning By-law Amendment application (File No. ZBA-17-2018), with the Staff revisions detailed in Appendix A, for lands known municipally as 963 Queenston Road, be approved; and

1.2 The draft amending Zoning By-law, attached as Appendix B in Report CDS-19-024, be forwarded to Council for adoption.

APPROVED.

CDS-19-030 26T-18-18-04 (Revised) & ZBA-25-2018
- 358 Four Mile Creek Road
Draft Plan of Subdivision & Zoning By-law Amendment Applications

Moved by Councillor Norm Arsenault that the lot coverage be reduced to 40 percent.

DEFEATED.

Moved by Lord Mayor Betty Disero that Appendix D be amended to reflect the following changes:

1. Condition 18 - add wording (shown underlined in red italics) to state “…pay for and construct required road upgrades for Regional Road 100 (Four Mile Creek Road) such as curbing, drainage and lighting on the west side of the roadway abutting the subdivision land to the satisfaction…”

2. Condition 19 - add wording (shown underlined in red italics) to state “…proposed urbanization of Regional Road 100 (Four Mile Creek Road) in accordance with Condition 18.”

3. Condition 25(e) - add wording (shown underlined in red italics) to state “…install permanent fencing (4 foot high black vinyl/chain-link) along the 13.5 metre buffer…”

4. Condition 28(i) - add wording (shown underlined in red italics) to state “…pay to the Town the proportionate share ($2615.19) of the cost…”

5. the dedication of daylighting triangles (4.5 metre legs) at the intersection of Regional Road 100 (Four Mile Creek Road) and the proposed new public road (Street A) within the subdivision.

APPROVED.

Moved by Councillor Norm Arsenault that the recommendations contained in CDS-19-030 be amended as follows:

1.1 The Zoning By-law Amendment application (File No. ZBA-25-2018), for lands known municipally as 358 Four Mile Creek Road, be approved;

1.2 The draft amending Zoning By-law, attached as Appendix B to this report, be forwarded to Council for adoption;

1.3 The Draft Plan of Subdivision (File No. 26T-18-18-04 Revised), for lands known municipally as 358 Four Mile Creek Road, attached as Appendix C 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; and

1.4 The Lord Mayor be authorized to endorse the Draft Plan of Subdivision as approved 20 days after notice of Council's decision has been given, provided that no appeals have been received.

1.5 (i) Condition 18 - add wording (shown underlined in red italics) to state “…pay for and construct required road upgrades for Regional Road 100 (Four Mile Creek Road) such as curbing, drainage and lighting on the west side of the roadway abutting the subdivision land to the satisfaction…”

(ii) Condition 19 - add wording (shown underlined in red italics) to state “…proposed urbanization of Regional Road 100 (Four Mile Creek Road) in accordance with Condition 18.”

(iii) Condition 25(e) - add wording (shown underlined in red italics) to state “…install permanent fencing (4 foot high black vinyl/chain-link) along the 13.5 metre buffer…”

(iv) Condition 28(i) - add wording (shown underlined in red italics) to state “…pay to the Town the proportionate share ($2615.19) of the cost…”

(v) the dedication of daylighting triangles (4.5 metre legs) at the intersection of Regional Road 100 (Four Mile Creek Road) and the proposed new public road (Street A) within the subdivision.

APPROVED, AS AMENDED.

CS-19-025 Request For Proposal - Service Delivery Review

Moved by Councillor Wendy Cheropita that the Request for Proposal be amended to reflect the following changes:

1. efficiencies to reduce future costs for service delivery be added;
2. innovation and leveraging new and emerging technology - effectiveness, efficiencies and value of current services.

APPROVED.

Moved by Councillor Wendy Cheropita that the recommendations contained in CS-1-025 be amended as follows:

1.1 that Council approve the Request for Proposals for the Town of Niagara-on-the-Lake for a Service Delivery Review, attached as Appendix I.

1.2 (i) efficiencies to reduce future costs for service delivery be added;
(ii) innovation and leveraging new and emerging technology - effectiveness, efficiencies and value of current services.

APPROVED, AS AMENDED.

OPS-19-016 Operations Centre - Mezzanine Renovation

Moved by Councillor Al Bisback that the recommendation contained in OPS-19-016 be approved as follows:

1.1 that Council approve $40,000 from the Development Charges Reserve to complete the mezzanine floor and meeting room renovations in the Operations Centre, including the removal and installation of free furniture from the Region.

APPROVED.

OPS-19-017 Petition for Drainage Works – St. David’s Hydroponics

Moved by Councillor Wendy Cheropita that the recommendations contained in OPS-19-017 be approved as follows:

1.1 that Council consider the attached Petition for Drainage Works filed by Mr. Toine van der Knaap, Vice President/General Manager of St. David’s Hydroponics under the provisions of Section 4 of the Drainage Act R.S.O. 1990.
1.2 that Council proceeds with the drainage works and directs that notice of its decision be sent to the appropriate parties in accordance with Section 5(1) of the Drainage Act R.S.O. 1990.

APPROVED.

OPS-19-018 Drinking Water Quality Management System (DWQMS) - Operational Plan Update

Moved by Councillor Gary Burroughs that the recommendation contained in OPS-19-018 be approved as follows:

1.1 that Council endorse the Drinking Water Quality Management System Operational Plan for the Town of Niagara-on-the-Lake and Bevan Heights Drinking Water Systems dated July, 2019 as appended to Report.

APPROVED.

8. COMMITTEE OF COUNCIL MINUTES

8.1 Audit Committee - August 6, 2019

Moved by Councillor Gary Burroughs that the August 6, 2019 minutes of the Audit Committee be adopted as presented.

APPROVED.

8.2 Customer Experience & Technology - August 22, 2019

Moved by Councillor Norm Arsenault that the August 22, 2019 minutes of the Customer Experience & Technology Committee be adopted as presented.

APPROVED.

8.3 Glendale Task Force Committee - August 8, 2019

Moved by Lord Mayor Betty Disero that Recommendation No. 8.1 of the Glendale Task Force Meeting Minutes of August 8, 2019 be amended as follows:

Therefore, the GTFC is referring to staff the attached Residential Rental Licensing proposal and draft by-law in order that a full review of the recommendations can be prepared taking into account any requirements for funding, public meetings and public input via Join The Conversation or whatever means staff deems appropriate.

Further, that staff prepare an Information Report to Council, by the October Committee of the Whole meeting, with a detailed process on how to move this issue forward and come back to Council no later than the December Committee of the Whole meeting, with a comprehensive package with recommendations for Council.

APPROVED.

Moved by Lord Mayor Betty Disero that the August 8, 2019 minutes of the Glendale Task Force Committee be adopted, as amended.

APPROVED, AS AMENDED.

9. INFORMATION PACKAGES

The Committee lifted the following items from the Information Packages for discussion:

July 25, 2019
Item 2 - Senior Management Notes - July 17
Item 6 - Halton Hills resolution - single use plastics

August 15, 2019
Item 1 - Information Report - 92 Queen Street
Item 14 - Letter from Whirpool Jet Boats

September 5, 2019
Item 15 - KPMG Evaluation

Moved by Lord Mayor Betty Disero that the meeting be extended to 11:00 p.m.

Moved by Councillor Gary Burroughs that the July 18, 2019, July 25, 2019, August 1, 2019, August 8, 2019, August 15, 2019, August 22, 2019, August 29, 2019, September 5, 2019 Information Packages be received.

APPROVED.

10. NEW BUSINESS

(a) Notice of Motion - Infill Interim Control By-law
Lord Mayor Betty Disero put forward a notice of motion regarding on the infill interim control by-law.

(b) Notice of Motion - Dock Lands
Councillor Al Bisback put forward a notice of motion regarding the Dock Lands.

(c) Notice of Motion - MAT Tax Committee
Councillor Norm Arsenault put forward a notice of motion regarding MAT Tax committee.

(d) Notice of Motion - General Parking in Old Town
Councillor Norm Arsenault put forward a notice of motion regarding general parking in Old Town.

(e) Notice of Motion - Dock Area - Fishing & Hunting
Councillor Gary Burroughs put forward a notice of motion regarding Dock Area hunting and fishing.

(f) Notice of Motion - St. Davids Pool Fundraising Committee
Councillor Gary Burroughs put forward a notice of motion regarding St. Davids Pool fundraising committee.

(g) Notice of Motion - Gas Tax - Shuttle Counts
Councillor Gary Burroughs put forward a notice of motion regarding Gas Tax - Shuttle Counts.

(h) Notice of Motion - Queen Street - Snow Sidewalk Clearing
Councillor Gary Burroughs put forward a notice of motion regarding Queen Street - Snow Sidewalk Clearing

(i) Notice of Motion - Noise By-law
Councillor Erwin Wiens put forward a notice of motion regarding the Noise By-law.

11. CLOSED SESSION

Clerk to read resolution

At 10:39 p.m. the following motion was read in open session:

Moved by Councillor Al Bisback that Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:

That Council proceed to go into closed session to consider matters that qualify under the Municipal Act as amended:

· 239(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically property on Wellington Street; and
· 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically relating to ongoing litigation regarding a property on John Street East; and
· 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees.
· 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically relating to ongoing litigation regarding a property on Concession 4 Road.

APPROVED.

At 10:59 p.m. the following motion was read in open session:

Moved by Councillor Norm Arsenault that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended

· 239(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically property on Wellington Street; and
· 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically relating to ongoing litigation regarding a property on John Street East; and
· 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees.
· 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically relating to ongoing litigation regarding a property on Concession 4 Road, with no report.

APPROVED.

12. ADJOURNMENT