Holly Dowd Chief Administrative Officer
Sheldon Randall Director, Operations
Brett Ruck Supervisor, Environmental Services
Kevin Turcotte Manager, Parks & Recreation
Craig Larmour Director, Community & Development Services
Eric Withers Manager of Planning (A)
Mark Iamarino Planner II
Jesse Auspitz Planner II
Raymond Tung Urban Design Specialist
Joanna Rees Planner I
Rob Grimwood Fire Chief
Kyle Freeborn Treasurer
Nick Alaimo Deputy Treasurer
Peter Todd Town Clerk
Colleen Hutt Deputy Clerk

Suzanne Mason Sun Media
Richard Harley Niagara Now
David Israelson Eon Communications & Research

1. CALL TO ORDER

Chair Councillor Jim Collard called the meeting to order at 6:30 p.m.

2. ADOPTION OF AGENDA

Councillors requested the following items be added to the agenda:

• Councillor Paolo Miele requested to speak under New Business.
• Councillor Martin Mazza requested to speak under New Business.
• Councillor Betty 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 John Wiens declared a conflict of interest with any business relating to 144 & 176 John Street, as owns and operates a similar business.

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

Councillor Jamie King declared a conflict of interest with Report OPS-18-021 - Petition for Drainage Works by Road Authority as he lives within proximity to the Drain.

4. 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 Westwood Court - application for official plan & zoning by-law amendments

At the request of the Chair, Mark Iamarino, Planner of Community & Development explained this is an application to include additional permitted uses on properties on Westwood Court that are zoned ‘Site Specific Light Industrial (LI-12) within the Glendale Community Zoning District. The Town has also initiated an Official Plan Amendment to include additional permitted uses within the ‘Industrial Park Area’ designation of the Glendale Secondary Plan to facilitate the Zoning By-law Amendment.

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

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

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.

4.2 North Side Lakeshore Road - application for zoning by-law amendment

At the request of the Chair, Jesse Aupitz, Planner of Community & Development explained this is an application proposing to amend the Zoning By-law was received to facilitate the development of a small-scale craft-distillery. Four hundred square metres (400m²) of secondary use space is proposed, restricted to the retail sale of spirits and indoor and outdoor hospitality areas.

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 background information in regard to the application. Mr. Richardson spoke to similar area distilleries and gave a brief overview of the application.

Heather Sewell and John Henricks, Niagara Planning Group presented on behalf of the applicant and spoke to an electronic presentation with respect to the planning justification report. Ms. Sewell stated that the development will have a retail area and an on on-site production area with 2.3% lot coverage. Excess mash fruit waste and the appropriateness of the site was also discussed.

Ms. Sewell, Mr. Henricks and Mr. Lepp answered questions from the Committee with regard to drainage, location of patio, traffic issues and mash fruit waste. Councillor Jim Collard thanked Mr. Richardson, Ms. Sewell, Mr. Henricks and Mr. Lepp for coming forward.

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

John Woolley, 499 Lakeshore Road, representing 19 residents within close proximity to the proposed development. Mr. Woolley stated they do not object to the distillery being built but to the location. Mr. Woolley further detailed the objections being detrimental impact of the development, impact on traffic, inappropriate use of small farm parcels, property values and privacy. Mr. Woolley also spoke to the availability of alternate sites.

Councillor Jim Collard thanked Mr. Woolley for coming forward.

4.3 1360-1366 York Road - application for zoning by-law & site plan amendments

At the request of the Chair, Raymond Tung, Urban Design Specialist of Community & Development explained this is an application to amend the Zoning By-law and Site Plan Agreement for lands known municipally as 1360-1366 York Road (Ravine Vineyard Estate Winery) have been received to permit an event centre to host corporate and social events. The event centre is proposed to be a size of 641m². The lands are currently zoned Agricultural – Site Specific (A-3) and Open Space – Site Specific (OS-3). The Zoning By-law is required to be amended to permit the proposed event centre.

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

Paul Harber, Owner explained they were seeking approval to construct an additional building for a private restaurant on the property to hold bigger functions in a controlled building. Mr. Harber also stated they are seeking to extend their season with this restaurant and this would replace the tent.

Jane Burgess, Steven Burgess Architects present on behalf of the applicant. Ms. Burgess spoke to an electronic presentation detailing the buildings currently on the property. Ms. Burgess explained that the proposed restaurant is approximately 150 square metres bigger then the previously approved tent but has a smaller capacity. The proposal is for an event centre, outdoor patio and will remove restaurant - public dining zoning.

Andrew Stewart, 823 Line 8 Road spoke in support of the application. Councillor Jim Collard thanked Mr. Stewart for coming forward.

Mr. Harber answered questions of the Committee with regards to events and fireworks. Councillor Jim Collard thanked Mr. Harber and Ms. Burgess 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 Queenston Street - application for zoning by-law amendment

At the request of the Chair, the Director of Community & Development explained this is an n application to amend the Zoning By-law for lands legally described as Lot 166, Pt Lots 165 & 167, Corporation Plan 1, Part 4, 30R-14180 to permit the construction of three single-detached residential dwellings. This application will facilitate future consent applications. The lands are currently zoned Residential Development – Site Specific (RD-6).

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

Susan Wheler, Susan Wheler & Associates present on behalf of the applicant. Ms. Wheeler spoke to the proposed zoning by-law amendment to facilitate a future consent for three single detached lots to reflect and compliment the surrounding dwellings. Ms. Wheler further stated that the future homes conformed to the Queenston Secondary Plan.

Ms. Wheler answered questions of the Committee with regard to driveway parking. Councillor Jim Collard thanked Ms. Wheler for coming forward.

Douglas Stewart, 56 Queenston Street speaking on behalf of the Queenston Residents Association and the Board of Directors stated that they are in support the application. Mr. Stewart also spoke as an abutting resident in support of the proposal. Mr. Stewart stated he did have a concern regarding drainage and a stated a plan should be required.

Councillor Jim Collard thanked Mr. Stewart 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 Thomas A. Richardson, Sullivan Mahoney
OPS-18-021 - Petition for Drainage Works by Road Authority

Thomas Richardson was present on behalf of Bice Builders with respect to Report OPS-18-021 - Petition for Drainage works by Road Authority. Mr. Richardson spoke to the damage his clients property is suffering due to the storm water from the Line 2 area. Mr. Richardson stated that the report was premature and alternate solutions should be looked at to provide a better solution. Councillor Jim Collard thanked Mr. Richardson for his presentation.

5.2 Austin Kirkby, 1601 Concession 2 Road
OPS-18-021 - Petition for Drainage Works by Road Authority

Austin Kirkby spoke to OPS-18-021 - Petition for Drainage works by Road Authority. Mrs. Kirkby stated concern with the two watercourses during the spring thaw and dry spells. Mrs. Kirkby provided information on the Bright and Bergen Drains and stated concern with the costs that will be apportioned to private property owners. Mrs. Kirkby answered questions from the Committee. Councillor Jim Collard thanked Mrs. Kirkby for her presentation.

5.3 Dale Davis, Big Brothers Big Sisters
St. Catharines-Thorold District

Dale Davis, Chief Executive Officer of St. Catharines-Thorld Big Brothers Big Sisters provided an overview of the organization for the Committee. Ms. Davis explained that a fundraiser will be held in November at the Court House to raise funds for two of their programs. She requested that the rental fee be waived. Councillor Jim Collard thanked Ms. Davis for coming forward.

5.4 Sonja Schindeler, 175 Queen Street
OPS-18-019 - Virgil Sports Park Tennis - Pickleball Courts

Sonja Schindeler, Vice President of the NOTL Tennis Club was before the Committee to request that the Virgil courts not be re-purposed. Ms. Schindeler stated that they currently do not have enough courts to accommodate membership. Councillor Jim Collard thanked Sonja Schindeler for her presentation.

At this time, Councillor Jim Collard stepped down as Chair and Lord Mayor Pat Darte took the Chair.

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

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

5.5 Michael McClelland, ERA Architects
Designation process for 144-176 John Street E (Rand Estate)

Michael McClelland was present on behalf of the S.O.R.E. Group. Mr. McClelland spoke to the designation proposal by the Municipal Heritage Committee for the Randwood Estate. Mr. McClelland spoke to the staff report and the Town's Official Plan. Mr. McClelland further stated that the designation process should be started as quickly as possible. Lord Mayor Pat Darte thanked Mr. McClelland for his presentation.


5.6 Lauren Goettler, 289 Ricardo Street
CDS-18-028 - Municipal Heritage Committee Minutes - May 8, 2018

Lauren Goettler was present to speak to the designation process for the Randwood Estate. Lord Mayor Pat Darte thanked Ms. Goettler for coming forward.


5.7 Thomas A. Richardson, Sullivan Mahoney
CDS-18-028 - Municipal Heritage Committee Minutes - May 8, 2018

Thomas Richardson was present on behalf of the Two Sisters Resorts Corporation. Mr. Richardson spoke to Recommendations 1.6 and 1.7 of the Municipal Heritage Committee Minutes of May 8, 2018. Mr. Richardson explained the steps taken by his clients to date with regard to the motions by Council.

Moved by Councillor Paolo Miele that the delegation time be extended past 10 minutes to permit Mr. Richardson to complete his presentation.

APPROVED.

Mr. Richardson closed by reading a letter from his clients to Council. Lord Mayor Pat Darte thanked Mr. Richardson for his presentation.


6. CONSENT AGENDA:

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

Councillor Jamie King requested that Report OPS-18-019 be lifted for separate discussion.

Moved by Lord Mayor Pat Darte 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-18-026 File Nos. ZBA-07-2018 & OPA-02-2018 (Westwood Court - LI-12 Zone) - Official Plan and Zoning By-law Amendments

1.1 The Official Plan Amendment for properties in the LI-12 Zone on Westwood Court be approved;

1.2 The draft Official Plan Amendment for properties in the LI-12 Zone on Westwood Court, attached as Appendix C to this report, be forwarded to Council for adoption;

1.3 The Zoning By-law Amendment for properties in the LI-12 Zone on Westwood Court be approved; and

1.4 The draft Zoning By-law Amendment for properties in the LI-12 Zone on Westwood Court, attached as Appendix D to this report, be forwarded to Council for adoption.


CDS-18-027 Vintages of Four Mile Creek - Removal of Holding Symbol

1.1 The application for Zoning By-law Amendment for removal of the Holding ("H") Provision for lands located at the west side of Four Mile Creek Road, being the development known as "Vintages of Four Mile Creek", be approved; and

1.2 The draft Zoning By-law Amendment, attached as Appendix B to this report, for the removal of the Holding ("H") Provision, be forwarded to Council for adoption.


CS-18-011 Joint Niagara Compliance Audit Committee

1.1 The Corporation of the Town of Niagara-on-the-Lake continue its participation in the Joint Niagara Compliance Audit Committee; and

1.2 The updated Terms of Reference, attached as Appendix I to this report, be approved; and

1.3 Authority be delegated to the Town Clerk to make legislative or administrative changes to the Terms of Reference; and

1.4 Authority be delegated to the Town Clerk to appoint members to the Compliance Audit Committee.


CS-18-012 2018/2019 Corporate Insurance Renewal

1.1 That the insurance renewal proposal from Jardine Lloyd Thompson Canada Inc. for the 18-month term June 30, 2018 to December 31, 2019, in the amount of $514,389 plus applicable taxes be forwarded to Council for approval; and

1.2 That the additional insurance for cyber liability coverage in the amount of $12,000 be purchased; and

1.3 That the additional LCIS liquor extension coverage for community events held on Town property in the amount of $1875 be purchased; and

1.2 That the Director of Corporate Services be authorized to sign the required acceptance documents on behalf of the Corporation.


OPS-18-018 Facilities Master Plan - WalterFedy's Building Condition Assessment - Summary dated May 7, 2018

1.1 that Council receive the Facilities Master Plan report prepared by the consulting firm WalterFedy; and
1.2 that the Facilities Master Plan report be considered as part of future budget deliberations.


OPS-18-020 Petition for Drainage Works - York Road

1.1 That Council consider the attached Petition for Drainage Works filed by the property owner of 865 York Road under the provisions of Section 4 of the Drainage Act R.S.O. 2010.

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. 2010.


OPS-18-022 Proposed Epp Drain Enclosures
Appointing an Engineer

1. That Council appoint K. Smart Associates Limited to prepare an Engineer’s Report under section 8(1) of the Drainage Act R.S.O. 2010 for the tiling of a portion of the Epp Municipal Drain.


OPS-18-023 Tanbark Road Storm Sewer, Watermain and Road Reconstruction

1.1 That Council accept the low tender of $1,436,800.00 (excluding applicable taxes) from Peters Excavating Inc. for the Tanbark Road Storm Sewer, Watermain and Road Reconstruction from York Road to North Urban Boundary 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 RV Anderson Ltd. in the amount of $129,000.00 (excluding applicable taxes);
1.3 That the additional funds of $221,300 be funded from the Water Capital Improvements Reserve (Watermains) and Capital Reserve (Storm Sewer).

APPROVED.


(b) Items Requiring Separate Discussion

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

CDS-18-028 Municipal Heritage Committee Minutes - May 8, 2018

Councillor Jim Collard previously declared a conflict of interest with Recommendations 1.6 and 1.7 relating to 144 &176 John Street, as he and his wife own and operate a Short Term Rental. He did not vote or take part in any discussion.

Councillor John Wiens previously declared a conflict of interest with Recommendations 1.6 and 1.7 relating to 144 & 176 John Street, as owns and operates a similar business. He did not vote or take part in any discussion.

Discussion took place regarding:

• Designation process

Moved by Councillor Jamie King that the recommendations contained in Community & Development Services Report CDS-18-028 be adopted to included that:

1.6 The following recommendation be approved regarding third-party designation of 144 John Street East, 176 John Street East, 200 John Street East and 588 Charlotte Street:

1.6.1 That a third-party designation process under Section 29 of the Ontario Heritage Act be undertaken for 144 John Street East, 176 John Street East, 200 John Street East and 588 Charlotte Street, as per the recommendation of the Municipal Heritage Committee;

1.7 The following Staff recommendations be added regarding third-party designation of 144 John Street East, 176 John Street East, 200 John Street East and 588 Charlotte Street:

1.7.1 Staff prepare and give Notices of Intention to Designate for the properties located at 144 John Street East, 176 John Street East, 200 John Street East and 588 Charlotte Street in accordance with the provisions of Section 29 of the Ontario Heritage Act;

1.7.2 That Council authorize the following persons under Section 38(1) of the Ontario Heritage Act for the purposes of conducting inspections of property designated or property proposed to be designated under the provisions of the Ontario Heritage Act:

- Jesse Auspitz, Planner II
- Eric Withers, Manager of Planning
- Craig Larmour, Director of Community & Development and
- any expert retained by the Corporation of the Town of Niagara-on-the-Lake for the purposes of providing expect advice and services related to heritage matters.

APPROVED.

At this time the balance of Report CDS-18-028 was considered and voted on.

Discussion took place regarding:

• Financial implications for designation and a Town historian
  

Moved by Councillor Martin Mazza that the recommendations contained in Community & Development Services Report CDS-18-028 be adopted to included that:

1.1 The May 8, 2018 Municipal Heritage Committee Minutes be received, attached as Appendix A to this report;

1.2 The following apply with respect to the request to permit the installation of box windows and replacement of front doors at 125-129 Queen Street (MHC-18-021):

1.2.1 Recommendations pertaining to MHC-18-021 be deferred for one (1) month to allow the Municipal Heritage Committee to form a sub-committee to meet with and advise the owner of 125-129 Queen Street how to move forward to a positive solution for all;

1.3 The following apply with respect to the request to resurface an existing driveway and parking area at 15 Queen Street (MHC-18-022):

1.3.1 The heritage permit application to resurface the existing asphalt driveway and parking area, to the side and rear of the building be approved;

1.4 The following apply with respect to a request to consider and provide comment in regard to the request from the St. Davids Ratepayers Association pertaining to the designation of a Heritage Conservation District (HCD) under Part V of the Ontario Heritage Act (MHC-18-023):

1.4.1 Staff initiate consultation with residents of the Village of St. Davids to establish a Heritage Conservation District Plan under Part V of the Ontario Heritage Act;

1.5 The following apply with respect to the appointment of a new Town Historian:

1.5.1 Council begin the process of appointing a new Town Historian;
1.5.2 That a Terms of Reference be established outlining the duties of the historian that will include but not be limited to serving as an aid to the Town Planning Staff by researching properties being considered for designation and writing articles to be placed in media about important history of the town, its buildings, events or people; and,
1.5.3 That the process for hiring a new Town Historian be completed by the September Council meeting of 2018;

APPROVED.


OPS-18-021 Petition for Drainage Works by Road Authority

Councillor Jamie King previously declared a conflict of interest with Report OPS-18-021 as he lives within proximity to the Drain. He did not take part or vote on this matter.

Brett Ruck, Supervisor Environmental Services provided an electronic presentation for the Committee. Mr. Ruck spoke to the Bergen Drain and the Bright Drain Extension request, Stormwater Management Ponds - location and status and flexibility. Mr. Ruck answered questions from the Committee.

Discussion took place regarding:

• long and short term effects
• financial costs and implications

Moved by Councillor John Wiens that the recommendations contained in Operation Services Report OPS-18-021 be adopted to included:

1.1 That Council consider the attached Petition for Drainage Works filed by the Director of Operations under the provisions of Section 4 of the Drainage Act R.S.O. 2010.

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. 2010.

APPROVED.

OPS-18-019 Virgil Sports Park Tennis - Pickleball Courts

Discussion took place regarding:

• extent of survey
• refurbishment of courts
• painting the court lines for both sports
• number of players

Moved by Councillor Jamie King that the recommendations contained in Operation Services Report OPS-18-019 be adopted to included that:

1.1 Council approve the conversion of the Tennis Courts located at the Virgil Sportspark to six (6) Pickleball Courts and that construction commence in the Fall of 2018; and
1.2 The funds allocated for the tennis courts in the capital budget be used for this project; and
1.3 The public tennis courts throughout Niagara-on-the-Lake be reviewed in 2019 by way of the Recreation Master Plan process.

APPROVED.

Moved by Councillor Martin Mazza to extend the meeting time to the end of the agenda.

APPROVED.

7. INFORMATION PACKAGES

Moved by Councillor Betty Disero that the May 17, May 24 and May 31, 2018 Information Packages be received.
APPROVED.

NEW BUSINESS

Discussion took place with regard to:

• St. David Pool
• Update on Byron Street parking meters
• Tourism related items from the budget, how much goes towards tourism
• Niagara College - Parking Enforcement
  

(a) Notice of Motion - Stop Sign on Butler Street

Councillor Betty Disero put forth a notice of motion regarding a stop sign on Butler Street.

(b) Notice of Motion - St. Davids Pool and Memorial Park Pool

Councillor Paolo Miele put forth a notice of motion regarding St. Davids Pool and Memorial Park Pool.

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 June 4, 2018 Committee of the Whole Meeting be adopted.

_______________________
LORD MAYOR PAT DARTE