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
Peter Todd Town Clerk
Colleen Hutt Deputy Clerk

1. CALL TO ORDER

Chair Councillor Martin Mazza 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 Betty Disero requested to speak under New Business to the following: Information Package Item: United Shoreline Ontario Newsletter
• Councillor Betty Disero requested to speak under notice of motion.
• Councillor Paolo Miele requested to speak under notice of motion.
• Councillor Paolo Miele requested to speak under New Business to the following: Assessment Management Update, Municipal Performance Management and Regional Taxation

Moved by Councillor Jamie King that the agenda be adopted, as amended.

APPROVED.

3. CONFLICT OF INTEREST

Councillor Martin Mazza declared a conflict of interest with Report CDS-18-007 Sign Committee Report - January 10, 2018 - 1882 Niagara Stone Road as he owns and operates a business within close proximity to the subject lands.

4. STATUTORY PUBLIC MEETING UNDER THE PLANNING ACT

There were no public meeting scheduled under The Planning Act.

5. DELEGATIONS/ PRESENTATIONS

There were no delegations/presentations at this time.

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.

(a) Items Requiring Separate Discussion

Councillor Paolo Miele requested that all reports listed in the February 5, 2018 Committee of the Whole Consent Agenda lifted for separate discussion.

Moved by Councillor Paolo Miele that all reports listed in the February 5, 2018 Committee of the Whole Consent Agenda be lifted for separate discussion.

APPROVED.

(b) Consideration of Items Requiring Separate Discussion

CDS-18-003 1512 Four Mile Creek Road - Request for Sanitary Allocation

Moved by Councillor Paolo Miele that the recommendations contained in Community & Development Services Report CDS-18-003 be adopted to include that:

1.1 the request for sanitary allocation for one new dwelling unit at 1512 Four Mile Creek Road be approved.

APPROVED.


CDS-18-004 Process for Listing on Municipal Register - 325 King Street

Moved by Councillor Paolo Miele that the recommendations contained in Community & Development Services Report CDS-18-004 be adopted to include that:

1.1 Council refer consideration of listing 325 King Street on the Town's Municipal Register of Properties of Cultural Heritage Value or Interest, as required under the Ontario Heritage Act, to the Municipal Heritage Committee for their review and recommendation.

APPROVED.


CDS-18-005 Municipal Heritage Committee Minutes - January 9, 2018

Moved by Councillor Paolo Miele that the recommendations contained in Community & Development Services Report CDS-18-005 be adopted to include that:

1.1 the January 9, 2018 Municipal Heritage Committee Minutes (Appendix A to this report) be received;

1.2 the following apply to the request to permit the replacement of aluminum eaves trough with copper and replace fascia board at 157 Queen Street, the Rogers-Blake-Harrison House (MHC-18-002):

1.2.1 the fascia board be replaced only as necessary with in-kind wood material and the same detail and specifications as the existing fascia board at 157 Queen Street; and

1.2.2 the existing aluminum eaves trough be permitted to be replaced with 6 inch half round copper trough and 5 inch round copper down pipes at 157 Queen Street.

1.3 the following apply to the request to permit the erection of a lattice fence in the side yard at 240 Gate Street, Curtis-Drope Cottage & 135 Johnson Street, Greenless House (MHC-18-003):

1.3.1 the unfinished support posts not be visible above grade and that a raised planter be built to equalize the grading on both sides of the fence;

1.3.2 natural plantings be planted and maintained on one or both sides of the fence to the satisfaction of the Town; and

1.3.3 the fence remain in compliance with the Fence By-law and that the applicant receive approval for any excess height not allowed by the By-law.

APPROVED.


CDS-18-006 Modification of Draft Plan and Conditions of Draft Plan Approval - St. Andrews Glen

Moved by Councillor Paolo Miele that the recommendations contained in Community & Development Services Report CDS-18-006 be adopted to include that:

1.1 the Draft Plan of Common Elements Condominium for "St. Andrews Glen", File 26CD-18-14-01, be modified in accordance with the Draft Plan of Common Elements Condominium attached as Appendix B.

1.2 the conditions of draft plan approval for the Draft Plan of Common Elements Condominium for "St. Andrews Glen", File 26CD-18-14-01, be modified in accordance with the draft conditions attached as Appendix D.

1.3 Council consider the modifications to the conditions of draft plan approval to be minor.

APPROVED.

Councillor Martin Mazza stepped down as Chair and Lord Mayor Pat Darte assumed the Chair.

CDS-18-007 Sign Committee Report - January 10, 2018 - 1882 Niagara Stone Rd

Councillor Mazza previously declared a conflict of interest with Report CDS-18-007 Sign Committee Report - January 10, 2018 - 1882 Niagara Stone Road as he owns and operates a business within close proximity to the subject lands. He did not vote or take part in any discussion.

Discussion took place with regard to an amendment to Recommendation 1.2.2 to permit a 14 foot (4.27 metre) sign height. Concerns were raised surrounding the amendment being premature. This amendment was withdrawn.

Moved by Councillor Paolo Miele that the recommendations contained in Community & Development Services Report CDS-18-010 be adopted to include that:

1.1 the January 10, 2018 Sign Committee Minutes be received;

1.2 the following recommendations from the Sign Committee for 1882 Niagara Stone Road - Medical Facility - ground sign - be forwarded to Council for approval:

1.2.1 the request for an amendment to section 5.02 (1) (a) of By-law No. 4586-12 to allow for an increase in sign area from 3.0 square metres (32.29 square feet) to 21.18 square metres (228 square feet) not be approved; and

1.2.2 the request for an amendment to section 5.02 (1) (a) of By-law No. 4586-12 to allow for an increase in sign height from 3.0 metres (9.84 feet) to 6.71 metres (22 feet) of one ground sign not be approved.

APPROVED.

Councillor Martin Mazza resumed the Chair.

CDS-18-008 Municipal Tree Protection and Preservation Policy

Moved by Councillor Paolo Miele that the recommendations contained in Community & Development Services Report CDS-18-008 be adopted to include that:

1.1 Council approve the Tree Protection and Preservation Policy attached as Appendix "A" to this report;

1.2 Staff be directed to prepare a By-law for the adoption of the Tree Protection and Preservation Policy for Council's approval, but that enactment and implementation of the By-law be held in abeyance pending the outcome of Recommendation 1.3;

1.3 Staff be directed to provide a report outlining fees for permits and inspections under the Tree Protection and Preservation Policy for the March Committee of the Whole meeting;

1.4 Staff be directed to monitor the costs for implementation and administration of the Tree Preservation and Protection Policy for consideration in the 2019 Budget process; and

1.5 That Community and Development Services and Operations Staff be directed to prepare an education and awareness strategy to promote the new Tree Protection and Preservation Policy.

APPROVED.


CDS-18-009 Official Plan Update - Resources

Discussion took place with regard to delays in the process, timelines, mapping and funding sources. At the request of the committee, the Director of Community and Development Services provided a brief update.

Moved by Councillor Paolo Miele that the recommendations contained in Community & Development Services Report CDS-18-009 be adopted to include that:

1.1 Council approve an extension of the contract with Planscape to complete the Official Plan Update, as detailed in their Proposal dated January 23, 2018 and attached as Appendix "A";

1.2 the cost of completing the Official Plan Update be funded from the Ontario Municipal Board Reserve Fund; and

1.3 Staff be directed to provide monthly Information Report updates in addition to required Recommendation Reports requiring action by Council.

APPROVED.


CS-18-003 2017 Application for Cancellation, Reduction or Refund of Taxes 111 Tanbark Road (49 Kenmir Avenue)

Discussion took place regarding the address for the 2017 Application for cancellation, reduction or refund of taxes noting it should be 49 Kenmir Avenue.

Moved by Councillor Paolo Miele that the address in Report CS-18-003 for the 2017 Application for Cancellation, Reduction or Refund of Taxes be changed to 49 Kenmir Avenue.

APPROVED.

Moved by Councillor Paolo Miele that the recommendations contained in Corporate Services Report CS-18-003 be adopted to include that:

1.1 That Council approve the recommendation from the Municipal Property Assessment Corporation (MPAC) for No Change in Assessment on Tax Application Number 2017-00009, under Section 357 of the Municipal Act, for property located at 49 Kenmir Avenue.

APPROVED, AS AMENDED.


CS-18-004 Indoor Pool Committee Meeting Minutes January 11, 2018

Moved by Councillor Paolo Miele that the recommendations contained in Corporate Services Report CS-18-004 be adopted to include that:

1.1 That the January 11, 2018 Indoor Pool Committee Meeting Minutes be received; and

1.2 That the following recommendations from the January 11, 2018 Indoor Pool Committee Meeting be forwarded to Council for approval:

1.2.1 That Council approve the amended Terms of Reference for the Indoor Pool Committee, attached as Appendix I, to permit an additional member; and

1.2.1 That Council appoint Bethany Poltl, Youth Advisory Committee Chair, to the Indoor Pool Committee.

APPROVED.


OPS-18-002 Agreement to Install A Watermain on Newark Street

Moved by Councillor Paolo Miele that the recommendations contained in Operation Services Report OPS-18-003 be adopted to include that:

1.1 That the Town support the proposed installation of a 150 mm diameter watermain along Newark Street from Johnson Street to a point 50 metres north of Johnson St., in accordance with By-law 814-77 and Policy PW-WAT-002A.

1.2 That the Lord Mayor and Town Clerk be authorised to execute an agreement with the Owners of 421 Johnson Street for the construction of the Newark Street watermain to Town standards at their expense, including deposits and fees for engineering, construction, inspection and agreement preparation costs.

APPROVED.

7. INFORMATION PACKAGES

Discussion took place regarding Item No. 14 of the February 1, 2018 Information Package with regard to the United Shoreline Ontario Newsletter, Item No. 6 of the February 1, 2018 Information Package with regard to the City of St. Catharines resolution on Long Term Care Facilities increased funding and Item No. 5 of the February 1, 2018 Information Package in regard to the City of St. Catharines resolution on Endorsement of City of Port Colborne Resolution and Motion regarding Regional Council Approval of Audit Committee Recommendations respecting Town of Pelham.

Moved by Councillor John Wiens that the January 25 and February 1, 2018 Information Packages be received.

APPROVED.


NEW BUSINESS

(a) Notice of Motion - Niagara-on-the-Lake Migrant Workers - Peach Pickers Picnic

Councillor Betty Disero put forth a notice of motion regarding the Niagara-on-the-Lake Migrant Workers - Peach Pickers Picnic.

(b) Notice of Motion - Endorsement of the Resolution and Motion regarding Regional Council Approval of Audit Committee Recommendations respecting Town of Pelham

Councillor Paolo Miele put forth a notice of motion regarding Endorsement of the Resolution and Motion regarding Regional Council Approval of Audit Committee Recommendations respecting Town of Pelham.

(c) Notice of Motion - Long Term Care Facilities Increased Funding

Councillor Maria Bau-Coote put forth a notice of motion regarding endorsement of the City of St. Catharines resolution on Long Term Care Facilities increased funding.

(d) Symposium on Medical Marijuana Facilities

Discussion took place with regard to an update on a symposium on medical marijuana facilities.

(e) Assessment Management Plan

At the request of the committee, the Manager of Treasury/Finance provided a brief update regarding the current status of the Assessment Management Plan.

(f) Municipal Performance Management Program

At the request of the committee, the Manager of Treasury/Finance provided a brief update regarding the current status of Municipal Performance Management Program.


CLOSED SESSION
Municipal Act, 2001 as amended,

• 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Wellington Street; and Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
• Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically to discussion related to a property on King Street.
• 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Bay Berry Lane.
• Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

At 8:00 p.m. the following motion was read in open session.

Moved by Lord Mayor Pat Darte that Committee proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:

• 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Wellington Street; and Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
• Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically to discussion related to a property on King Street.
• 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Bay Berry Lane.
• Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

APPROVED.

At 9:28 p.m. the following motion was read in open session.

Moved by Councillor Maria Bau-Coote that Committee rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended, with no report for the following:

• 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Wellington Street; and Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
• Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically to discussion related to a property on King Street.
• 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Bay Berry Lane.
• Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
  

APPROVED.

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 February 5, 2018 Committee of the Whole Meeting be adopted.

_______________________
LORD MAYOR PAT DARTE