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THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE
COMMITTEE OF THE WHOLE MEETING MINUTES/REPORT



The members of the Committee of the Whole met on Monday April 09, 2018 in the Council Chambers, at 06:30 PM.

 
PRESENT:
Chair Councillor Betty Disero, Lord Mayor Pat Darte, Councillors: Jamie King, John Wiens, Terry Flynn (9:25 p.m.), Maria Bau-Coote (7:45 p.m.), Jim Collard, Paolo Miele (6:50 p.m.), Martin Mazza (6:50 p.m.)


REGRETS:


STAFF:
Holly Dowd Chief Administrative Officer
Sheldon Randall Director, Operations
Craig Larmour Director, Community & Development Services
Fred Cervantes Director, Corporate Services (A)
Rob Grimwood Fire Chief
Kyle Freeborn Treasurer
Eric Withers Manager of Planning (A)
Peter Todd Town Clerk
Colleen Hutt Deputy Clerk


OTHERS:


MEDIA:
Suzanne Mason Sun Media

1. CALL TO ORDER


Chair Councillor Betty Disero 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 John Wiens requested to speak under New Business.
  • Lord Mayor Pat Darte requested to speak under New Business.

Moved by Councillor John Wiens that the agenda be adopted, as amended.

APPROVED.

3. CONFLICT OF INTEREST

Councillor Jim Collard declared a conflict of interest with items dealing with 144-176 John Street East as he and his wife operate a short term rental.

Councillor John Wiens declared a conflict of interest with items dealing with 144-176 John Street East as owns and operates a similar business.

4. STATUTORY PUBLIC MEETING UNDER THE PLANNING ACT

The Chair welcomed those in attendance and noted there is two 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 1909 Lakeshore Road - Application for Draft Plan of Subdivision & Zoning By-law Amendment

At the request of the Chair, the Director of Community & Development explained this is an application for a proposed subdivision to create four (4) lots for single-detached residential purposes, with a concurrent amendment to the zoning by-law to change the required lot frontage and depth from “as existing” to the lot frontages and depths proposed in the subdivision, and to reduce the minimum front-yard setback from 7.5 metres to 6.0 metres for the lots proposed to front on Lakeshore Road.

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

Stephen Bedford, Agent was present on behlaf of the applicant and provided background information with respect to the property. Mr. Bedford spoke to an electronic presentation and to provincial, regional, and municipal policies relative to the application.

Mr. Bedford answered questions of the Committee in regard to the existing fence and lot frontages. Chair Councillor Betty Disero thanked Mr. Bedford for coming forward.

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

John Strecker, 10 Bay Berry Lane spoke to concerns with parking, depth of driveways, maintenance for landscaping at entrance to Bay Berry Lane and location of mailboxes. Chair Councillor Betty Disero thanked Mr. Strecker for coming forward.


4.2 412 Four Mile Creek Road - Application for Official Plan and Zoning By-law Amendments

At the request of the Chair, the Director of Community & Development explained this is an application to facilitate the development of a five-unit commercial building, including a restaurant, the application is proposing to change the Official Plan designation of the subject lands to “General Commercial”, and rezone the subject lands to “Village Commercial” with site-specific zoning provisions pertaining to on-site parking and an outdoor patio. The subject lands are also the subject of a Site Plan Agreement

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

Heather Sewel, Niagara Planning Group was present on behalf of the applicant. Ms. Sewel provided background information with respect to the property and the purpose of the application. Ms. Sewel spoke to an electronic presentation and to provincial, regional, and municipal policies relative to the application.

Ms. Sewel answered questions of the Committee in regard to sidewalks, entrances and building location. Chair Councillor Betty Disero thanked Ms. Sewel for coming forward.

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

Bruce Barnes, 69 Angela Crescent spoke to a concern with the speed zone on Four Mile Creek Road and entranceways. Chair Councillor Betty Disero thanked Mr. Barnes for coming forward.

Jessica Epp-Hiebendaal, 38 Angela Crescent spoke in opposition to the proposal. Ms. Epp-Hiebendall stated concerns with traffic safety, noise & lighting, increased traffic and future residential development. Chair Councillor Betty Disero thanked Ms. Epp-Hiebendaal for coming forward.


5. DELEGATIONS/ PRESENTATIONS

Lord Mayor Pat Darte commented on the tragic accident that happened in Saskatchewan with the Humboldt Broncos Hockey Team . The Lord Mayor further spoke to the GoFund Me page and the Fundraiser being held by Joe Pillitteri on April 14, 2018 at 120 Lakeshore Road. The Chambers then observed at moment of silence and it was noted that the flag was lowered.

5.1Dale Davis, Big Brothers, Big Sisters - St. Catharines-Thorold District

Ms. Davis was not present at this time at the meeting.
5.2Sarah Delicate, United Shoreline Ontario

Sarah Delicate stated they are a grass roots organization that resulted from the 2017 Lake Ontario flooding. Ms. Delicate further spoke to an electronic presentation with regard to Understanding Plan 2014 and Lake Ontario flooding.

Ms. Delicate answered questions from the Committee. Chair Councillor Betty Disero thanked Ms. Delicate for coming forward.
5.3Kenneth Moody, 123 Paxton Lane
CS-18-008 - 2018 Municipal Elections

Kenneth Moody stated he was speaking on behalf of the St. Davids Ratepayers Association. Mr. Moody spoke to Report CS-18-008 in regard to the 2018 Municipal Election, in particular to the advanced voting and polling locations. Mr. Moody further spoke to the growth of St. Davids and the need for more polling locations. Chair Councillor Betty Disero thanked Mr. Moody for coming forward.
5.4Sandra O'Connor, 225 Ricardo Street
CS-18-008 - 2018 Municipal Elections

Sandra O'Connor provided comments on CS-18-008 in regard to the 2018 Municipal Election in particular polling stations. Ms. O'Connor provided background information on previous election numbers and further spoke to the need for more polling locations. Chair Councillor Betty Disero thanked Ms. O'Connor for coming forward.
5.5Duff Roman, 38 Weatherstone Court
144-176 John Street East

Duff Roman representing SORE was present to update the Committee with regard to a meeting with SORE and Two Sisters Resorts with regard to the proposal for 144-176 John Street East. Mr. Roman provided details of the discussion that took place about the application and the boxwood hedge.

Mr. Roman answered questions from the Committee and Chair Councillor Betty Disero thanked Mr. Roman for coming forward.


6. CONSENT AGENDA:

The consent agenda is a set of reports that could be approved in one motion of Council. The approval endorses all of the recommendations contained in each of the reports within the set.

Prior to the motion being taken, a Councillor may request that one or more of the reports be lifted out of the consent agenda to be considered separately.

Councillor Paolo Miele request that Reports CDS-18-017, CDS-18-019 and CS-18-008 be lifted for separate discussion.

Councillor Terry Flynn requested that Reports CDS-18-020 and OPS-18-012 be lifted for separate discussion.

Moved by Councillor Paolo Miele 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.

(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-18-018 402 Johnson Street - Zoning By-law Amendment

1.1The application for Zoning By-law Amendment for 402 Johnson Street be approved and
1.2The draft Zoning By-law Amendment for 402 Johnson Street, attached as Appendix B to this report, be forwarded to Council for adoption.

FES-18-002 Tanker 2 Replacement Project

1.1That Council approve additional funding of 35,000 towards the replacement of Tanker 2 as approved in the 2018 capital budget with the funds coming from the sale of the Virgil Fire Station.

OPS-18-010 Cemetery Mower P567- replacement

1.1Council accept the quotation from J&S Performance, in the amount of 14,886.00 (excluding HST), for the supply of a new cemetery mower (Hustler Super Z 72" deck) and
1.2Council reallocate the surplus funds, in the amount of 14,866.00 (excluding HST), from the Capital Projects identified in this report to purchase the cemetery mower P567 and
1.3the Capital Budget Forecast be amended to reflect the change regarding cemetery mower P567.

OPS-18-011 Federation of Canadian Municipalities Grant Opportunity

1.1That Council adopt a resolution at the April 16, 2018 Council meeting to authorize staff to submit an application for the Federation of Canadian Municipalities Municipal Asset Management Grant Program for a Road Needs Assessment. and
1.2That Council approve the potential expenditures of a Roads Needs Assessment to be funded from the Capital Reserve provided the grant application is successful.

(b) Items Requiring Separate Discussion

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

CDS-18-017 723 King Street - Request for Sanitary Allocation

Discussion took place with regard to the following:
  • number of allocation units remaining
  • request for an update on the Regional Sewage Plant

Moved by Councillor Paolo Miele that the recommendation contained in Community and Development Services Report CDS-18-017 be adopted to include that:

1.1the request for sanitary allocation for one new dwelling unit at 723 King Street be approved.

APPROVED.

CDS-18-019 421 Johnson Street - Request for Sanitary Allocation

Moved by Councillor Paolo Miele that the recommendation contained in Community and Development Services Report CDS-18-019 be adopted to include that:

1.1the request for sanitary allocation for one new dwelling unit at 421 Johnson Street be approved.

APPROVED.

CDS-18-020 Municipal Heritage Committee Minutes - March 13, 2018

The Committee discussed deferring Recommendation No. 4.1 of the report to a later meeting.

Moved by Councillor Terry Flynn that Recommendation No. 4.1 of Report CDS-18-020, as follows, be deferred to a future Committee of the Whole meeting dealing with the entire property:

1.4The following apply to the request for comments on the Plan of Subdivision and Zoning By-law Amendment applications for 454 Johnson Street (MHC-18-011):

1.4.1Council adopt the property at 454 Johnson Street to the Towns Municipal Register of Properties of Cultural Heritage Value and Interest as the dwelling contains cultural heritage value.

APPROVED.

Moved by Councillor Terry Flynn that the recommendations contained in Community and Development Services Report CDS-18-020 be adopted as amended to include that: (recommendation 1.4 deferred to a future Committee of the Whole meeting dealing with the entire property.)

1.1The March 13, 2018 Municipal Heritage Committee Minutes be received
1.2The following apply to the request to permit the replacement of an existing ground sign at 109 Queen Street (MHC-18-009):

1.2.1The Heritage Permit Application to replace an existing Ground Sign at 109 Queen Street be refused
1.2.2That permission be granted to install a sign at 109 Queen Street, constructed of a wood rather than vinyl material, with a matte finish, with all other specifications being the same as that which has been proposed with the application considered by the Municipal Heritage Committee on March 13, 2018 and,
1.2.3The proponent be required to obtain a sign permit for the modified sign proposed to be installed at 109 Queen Street.
1.3The following apply to the request to demolish the existing rear addition and construct a new rear addition at 421 Hunter Road (MHC-18-010):

1.3.1The Heritage Permit Application proposing to demolish the existing rear addition and construct a new rear addition at 421 Hunter Road be approved
1.3.2The applicant proceeds with the demolition of the existing rear addition and construction of a new rear addition at 421 Hunter Road, in accordance with the recommendations of the Structural Assessment Report, prepared by Revive Engineering Inc., dated February 21, 2018 the applicant further agrees to implement the recommendations of the Structural Assessment Report for long term durability
1.3.3Prior to proceeding with the construction of the new addition at 421 Hunter Road, the applicant shall confirm the following on the approved building elevations to the satisfaction of the Municipal Heritage Committee: -Building materials proposed to be used on the exterior elevations -Window specifications and dimensions, including window frame and sash dimensions of the original building -Roof materials and specifications and -Height of the new addition from average grade to peak
1.3.4The new addition proposed at 421 Hunter Road be constructed in accordance with the plans prepared by Vulcan Design Inc., dated January 01, 2017 and,
1.3.5Prior to demolition of the rear addition at 421 Hunter Road, the applicant provides documents pertaining to the portion of the dwelling proposed to be removed including photographs, measured drawings and floor plans to the satisfaction of the Town of Niagara-on-the-Lake.
    APPROVED, AS AMENDED.

    CS-18-008 2018 Municipal Election

    Discussion took place with regard to the following:
    • polling stations in each community
    • accessibility both buildings and transit
    • advance poll locations
    • sale of Town property

    Moved by Councillor Paolo Miele that the recommendations contained in Corporate Services Report CS-18-008 be adopted to include that:

    1.1that report CS-18-008 be received and
    1.2that the draft Policy P-CS-18-003, attached as Appendix I, being a policy to govern the use of corporate resources for election purposes be forwarded to Council for adoption and staff prepare the necessary by-law for Council approval and
    1.3that staff be directed to prepare any necessary by-law(s) required to establish a compliance audit committee and appoint members to the compliance audit committee for the 20182022 term of Council and
    1.4that the draft by-law, being a By-law to amend the Towns Sign By-law, attached as Appendix II, be forwarded to Council for adoption and
    1.5that, conditional and effective on, the triggering of Section 275 of the Municipal Act, 2001 (Act) Restricted Acts after Nomination Day (July 27, 2018), with respect to the 2018 Municipal Election, Council delegate to the Chief Administrative Officer (CAO), only to the extent not already delegated, authority over the following actions: (a) the appointment of any employee of The Corporation of the Town of Niagara-on-the-Lake (Town) (b) the hiring or dismissal of any employee of the Town (c) the disposition of any real or personal property of the Town which has a value exceeding 50,000 at the time of disposal and (d) making any expenditures or incurring any other liability which exceeds 50,000, provided that such authority shall extend only until the first meeting of the new Council and that the CAO shall report to the new Council all actions taken pursuant to this delegation.

    APPROVED.

    OPS-18-012 Dock Area - Flood Prevention Measurer

    Discussion took place with regard to the following:
    • notice of motion to support United Shoreline Ontario
    • preventative measures for additional damage
    • funding - Region of Niagara and replenishing reserve funds

    Moved by Councillor Terry Flynn that the recommendations contained in Operation Services Report OPS-18-012 be amended to include:

    1.1Council authorize Staff to move forward with implementing preventive measures to deal with anticipated flooding due to high Lake Ontario water levels, and
    1.2All costs associated with the preventative measures to be taken, be funded from the Dock Area Reserve.
    1.3that Council request the Lord Mayor to forward a letter to the Region of Niagara to request Waterfront Enhancement Funds.

    APPROVED, AS AMENDED.

    7. INFORMATION PACKAGES

    Moved by Councillor Jamie King that the March 22, March 29 and April 5, 2018 Information Packages be received.

    APPROVED.

    NEW BUSINESS

    (a)Notice of Motion - Provincial Funding for Libraries

    Councillor John Wiens put forth a notice of motion regarding Provincial Funding for Libraries.
    (b)Notice of Motion - United Shoreline Ontario

    Councillor John Wiens put forth a notice of motion regarding supporting United Shoreline Ontario.
    (c)Notice of Motion - Replenishing Reserve Funds

    Councillor Martin Mazza put forth a notice of motion regarding replenishing Reserve Funds.
    (d)Notice of Motion - AODA and Town Facilities (Firehalls)

    Councillor Martin Mazza put forth a notice of motion regarding AODA and Town Facilities particularly Town Firehalls and parking at the Firehalls.
    (e)Notice of Motion - Kinsmen Club - Semi-Annual Clean-up

    Council Martin Mazza put forth a notice of motion regarding a Regional sign for the Kinsmen Club Semi-Annual Clean-up.
    (f)Humboldt Broncos

    The Committee spoke regarding the fatal bus collision that happened in Saskatchewan with the Humboldt Broncos Hockey Team. Discussion took place regarding the GoFund Me page for the impacted families.

    The Committee further discussed suspending the rules to allow for the introduction of a motion.

    Moved by Councillor Martin Mazza that Section 2.2 of the Town's Procedural By-law No. 4675-13, that the rules and procedures contained herein may be suspended, at such times and upon such conditions as may be deemed appropriate, by an affirmative vote of Two Thirds of Council, in order to permit a motion with regard to a donation for the Humboldt Bronco's.

    APPROVED.
        Moved by Martin Mazza that in light of the fateful bus collision on Friday April 6, 2018, a GoFund Me Page has been started for the impacted families. The original estimates have been surpassed by anyone's expectations, that demonstrates how something like this is felt throughout all communities in Canada;

        and further that the Town of Niagara-on-the-Lake donate a total of $1500.00 toward the GoFund Me Campaign for the Humboldt Bronco's to come from the Discretionary Grant Account.
    APPROVED.

    Discussion took place with regard to:
    • Location of April 16, 2018 Council Meeting
    • Long Term Rental Licensing public consultation


    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 April 9, 2018 Committee of the Whole Meeting be adopted.

                  _______________________
                  LORD MAYOR PAT DARTE

    ADJOURNMENT: 09:42:00 PM