COUNCIL MEETING MINUTES
Monday November 23, 2015
07:00 PM

 
PRESENT:

Lord Mayor Pat Darte, Councillors: Terry Flynn, Jamie King, Betty Disero, Martin Mazza, Maria Bau-Coote, John Wiens, Jim Collard, Paolo Miele

REGRETS:


STAFF:

Mike Galloway Chief Administrative Officer
Holly Dowd Director of Corporate Services / Town Clerk
Victoria Butters Deputy Clerk
Sheldon Randall Director of Operations
John Henricks Director of Community & Development
Kevin Turcotte Manager of Parks & Recreation


OTHERS:


MEDIA:

Suzanne Mason Sun Media
Melinda Cheevers Niagara This Week
Representative TVCogeco

CALL TO ORDER:

The Lord Mayor called the meeting to order at 7:00 p.m.

FOCUS STATEMENT:

Councillor Betty Disero opened the meeting with a Focus Statement.

O'CANADA:

Council, staff and all those present sang O'Canada.

ADOPTION OF THE AGENDA:
(New Business Items and Notice of Motions to be introduced)

The Clerk advised the Lord Mayor agreed to move Report CDS-15-080, Municipal Heritage Committees Minutes of November 10, 2015, to the first item to be dealt with under Committee Reports.

Moved by Councillor Terry Flynn, seconded by Councillor Maria Bau-Coote, that the agenda be adopted as presented and amended by moving item as noted. APPROVED.

CONFLICT OF INTEREST:

Councillor Terry Flynn previously declared a conflict of interest with item 1.b) Report CDS-15-076, Warner Road - Collection 15 Condominiums - Application for Official Plan and Zoning By-law Amendments, and Draft Plan of Vacant Land Condominium, of the November 16, 2015 Community & Development Advisory Committee Meeting minutes; and Warner Road - Draft Vacant Land Condominium, Official Plan and Zoning By-law Amendments of the November 16, 2015 Public Community & Development Advisory Committee Meeting minutes and associated by-laws, as he neighbours the subject property.

Councillor Jim Collard declared a conflict of interest with Report CDS-15-080, Municipal Heritage Committee Minutes - November 20, 2105, recommendations 1.2.2 and 1.2.3, 230 Davy Street, as he and his wife own and operate a Short Term Rental.

Councillor Martin Mazza declared a conflict of interest with Closed Session Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, 1875 Niagara Stone Road as he lives within the surrounding area of the subject property.

LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:

Lord Mayor Pat Darte spoke to the following:
    • Niagara Community Foundation Annual Niagara Leaders Breakfast, November 3
    • Royal Canadian Legion Remembrance Day Services - Old Town and Queenston Cenotaphs, November 11
    • Niagara Nursery School Trivia Night Fundraiser, November 13
    • Niagara-on-the-Lake Skating Club Boots and Blades Fund-raiser, November 14
    • Olde Angel Inn 200th Anniversary, November 19
    • Winter Festival of Lights Opening Ceremonies, November 21

MEMBERS' ANNOUNCEMENT:
Announcement of special functions Council attended and upcoming Community events

Councillor Jim Collard spoke to the November 11 Remembrance Day Service held at the Town Hall, which he officiated; Bethany Mennonite Church Borscht Lunch November 21; and Active Transportation Committee Workshop/Open House update.

Councillor John Wiens spoke to the November 11 Remembrance Day Ceremony at Crossroads Public School that he attended with Councillor Martin Mazza as Council representatives.

Councillor Paolo Miele spoke to the Niagara-on-the-Lake Fire Departments annual Turkey Roll events; and Niagara Health System - Niagara south site

Councillor Betty Disero spoke to The Niagara Foundation Living Landmark 2015 recipient Gary Burroughs, Regional Councillor and suggested Council, through the Lord Mayor, send a letter of congratulations.

Councillor Terry Flynn spoke to the Lions Club Christmas Tree sale; St. Davids Firefighters Turkey Roll December 7; Rotary House Tour; and volunteering/supporting local service clubs and church groups.

NEXT COMMITTEE OF THE WHOLE AND COUNCIL MEETING DATES:
(Clerk to announce the dates)

The next Committee of the Whole meeting is scheduled for Monday,
December 7, 2015, at 7:00 p.m. The next Council Meeting is scheduled for Monday, December 14, 2015, at 7:00 p.m.

All delegation requests will be reviewed by the Clerk and included whenever possible. The deadline for delegation requests is no later than 10:00 a.m. on the day of the meeting.

Meeting times can be subject to change. For more detailed information, please visit the Town's website at www.notl.org or contact the office at 905-468-3266.

MINUTES:
Clerk to read the resolution to adopt minutes

(1) Council Meeting Minutes dated November 2, 2015

- resolution #1, APPROVED NOVEMBER 2, 2015 COUNCIL MEETING MINUTES.

PRESENTATION:

(1) NOTL Thunderhawks Minor Lacrosse - Midget Provincial Champions

Kevin Turcotte, Manager of Parks & Recreation highlighted the NOTL Thunderhawks Minor Lacrosse Midget Team's Provincial Championship season. On behalf of Council, Lord Mayor Pat Darte congratulated the team and presented plaques to the following:

Brandon Skubel (absent) Aidan Buis
Hunter Lemieux Matt Duggan (absent)
Connor Watson Mike Weier (absent)
Even Miller Trent Hunter
Kyle Reeves (absent) Brandon Rickard
Brandon Sveda (absent)
Chris Weier Coaches
Nate Maloney Kevin Buis
Mason Boldt Andre Lemieux
Liam Anderson Andy Boldt
Kyle Legros Rob Weier

(2) NOTL Thunderhawks Minor Lacrosse - Intermediate Provincial Champions
      Kevin Turcotte, Manager of Parks & Recreation highlighted the NOTL Thunderhawks Minor Lacrosse Intermediate Team's Provincial Championship season. On behalf of Council, Lord Mayor Pat Darte congratulated the team and presented plaques to the following:

      Tyson Mccool Kyle Barna
      Osias Fischer (absent) Gates Abrams
      Matt Mines (absent) Steve Keefer
      Dawit Martin Ryan Koch
      RJ McCormick Kyle Whalen
      Joe Conte (absent)
      Nate Gansworth General Manager
      Ben Austin Al Janzen
      Tristen Dekoe (absent)
      Zack McCormick Coaches
      Ethan Forster Ron McCormick
      Isaac Vanderzalm Randy Chrysler (absent)
      Jeremy Ditto Larry PeeWee Martin
      Brandon Mattison
      Malcolm Vanderzalm Trainers
      Chris Mattison Mike Martin
      Connor Forster Quenna McCormick (absent)

(3) Buckner's NOTL Squirt Lakers Fastball Provincial Champions

Kevin Turcotte, Manager of Parks & Recreation highlighted Buckner's NOTL Squirt Lakers Fastball Team's Provincial Championship season. On behalf of Council, Lord Mayor Pat Darte congratulated the team and presented plaques to the following:

Reid Andres Owen Saxton
Jordan Schroeder Lukas Paugh
Macgregor Armstrong (absent)
Tyler Carmichael (absent) Coaches
Vinny Pillitteri-Smith Rich Andres
Dawson Abrahams Red Klassen
Luke Klassen John Schroeder (absent)
Tye Meloche Derek Abrahams

DELEGATIONS:
At Clerk's discretion, delegations will be added (Deadline 10:00 a.m. on the morning of the meeting)

Non-Agenda Delegation
(This delegation was heard as the 3rd item under Agenda Delegation)

(1) Sandra O'Connor/Gracia Janes/Holmes Hooke
Tree Protection Policy for Public and Private Lands

Gracia Janes stated she was present on behalf of the Niagara-on-the-Lake Conservancy and provided background information regarding the Conservancy's efforts to research and develop a case for a Town urban tree by-law.

Holmes Hooke provided an overview of Niagara-on-the-Lake's unique blend of character; protection and charm of towering trees/hedges/vines; reasons to preserve our old trees; tree by-law to protect this heritage; and wildlife that depends on trees for their very survival, and keep systems in balance.

Sandra O'Connor provided background information regarding trees on private property; benefits of our urban forest trees; need to protect our trees particularly native/heritage/landmark value; need for developers/landowners/Town to be mindful of potential damage; 2013 Superior Court ruling about tree ownership; and need for Town tree registry. In closing, Ms. O'Connor requested Council to implement a public/private tree protection policy, urban tree by-law/appeal process and specifications for construction near trees. Ms. O'connor answered questions of Council and Lord Mayor Pat Darte thanked the presenters for coming forward.

Agenda Delegation

The Lord Mayor announced that all delegations are to respect the policy and meet the 10 minute guideline.

(1) Application for Cancellation, Reduction or Refund of Taxes under Section 357 of the Municipal Act, 2001

- resolution #2, APPROVED 357 APPLICATIONS.

(2) Kevin Powers, Ontario Power Generation
OPG Deep Geological Repository (DGR)

Kevin Powers, Director Nuclear Public Affairs thanked Council for the opportunity to present the proposed Deep Geological Repository (DGR) before Council's motion being considered, and noted that to date 179 Council's had passed resolutions to defeat it. Mr. Powers provided background information regarding the project and referred to an electronic presentation highlighting the following:
        • Responsible Nuclear Waste Management
        • Ontario Power Generation Darlington Station & Pickering Station
        • Nuclear Energy
        • Above-Ground Nuclear Storage on the Great Lakes
        • Current & Future Waste Management
        • Lake Huron is Protected
        • Favourable Geologic Site Features
        • Long-Term Safety Assured
        • International Consensus
        • Extensive Federal Public Hearings
        • Overseen By A Panel of Experts
        • Key Findings from JPR
        • Questions?
      Mr. Powers answered questions of Council and Lord Mayor Pat Darte thanked him for coming forward.

(4) Jeff Jacques, 230 Davy Street
Safety Issues - State of Windows
      Councillor Jim Collard declared a conflict of interest with the delegation regarding 230 Davy Street as he and his wife own and operate a Short Term Rental. Councillor Collard did not take part in any discussion and left the Council Chambers during the delegation.

Jeff Jacques handed out copies of reference materials to Council and provided background information regarding 230 Davy Street Part IV Designation heritage attributes. Mr. Jacques provided an overview regarding his case for window replacement, including safety, property comparisons, designation and the Queen Picton Heritage District Plan. In closing, Mr. Jacques showed photos of the windows and requested Council to allow the use of new Ontario Building Code approved windows as proposed. Mr. Jacques answered questions of Council and Lord Mayor Pat Darte thanked him for coming forward.

RESPONSE TO DELEGATIONS FROM COUNCIL:

(1) Tree Protection Policy for Public and Private Lands

Further to the delegation, discussion took place regarding the presenters' request to protect trees on public and private lands.

Moved by Councillor Martin Mazza, seconded by Councillor Jamie King, that the information presented to Council re: Tree Protection Policy for Public and Private lands be forwarded to staff to investigate and come back to Council with a report on their findings and outline steps to move forward on such a policy, including cost and management. APPROVED (resolution #3).

COMMITTEE REPORTS:

(1) Clerk to read resolution to adopt recommendation
Community & Development Services Report CDS-15-080
Municipal Heritage Committee Minutes - November 10, 2015
      Councillor Jim Collard previously declared a conflict of interest with Report CDS-15-080, Municipal Heritage Committee Minutes - November 20, 2105, recommendations 1.2.2 and 1.2.3, 230 Davy Street, as he and his wife own and operate a Short Term Rental. Councillor Collard did not take part in any discussion or vote on these recommendations or anything dealing this this property.

      Report CDS-15-080 recommendations 1.2.2 and 1.2.3 regarding 230 Davy were lifted for discussion and voted on separately.

      Discussion took place regarding the Municipal Heritage Committee meeting; the Committee's role; safety aspect; short term rental licensing requirements; and occupancy inspection process.
      A polled vote for CDS-15-080 recommendation 1.2.2 was called by Councillor Jamie King.
      COUNCILLOR
      YEA
      NAY
      Maria Bau-Coote
      X
      Jim Collard (conflict)
      Betty Disero
      X
      Terry Flynn
      X
      Jamie King
      X
      Martin Mazza
      X
      Paolo Miele
      X
      John Wiens
      X
      Lord Mayor Pat Darte
      X
      TOTALS
      1
      7
    DEFEATED (recommendation 1.2.2).

Report CDS-15-080 recommendation 1.2.3 was voted on separately and approved.

The balance of Report CDS-15-080 was voted on and approved.
      - resolution #4, APPROVED, AS AMENDED, RECOMMENDATIONS CDS-15-080.

Moved by Councillor Betty Disero, seconded by Councillor Terry Flynn that the owner of 230 Davy Street be allowed to replace the 3, 2 over 2 front windows with 3, 2 over 2 windows on the second floor. APPROVED (resolution #5).

(2) Public Community & Development Advisory Committee
Clerk to read the resolution to receive Minutes

      The following applications were heard at the November 16, 2015 Public Community & Development Advisory Committee Meeting:
        • Tanbark Road - Draft Plan of Condominium
        • Warner Road - Draft Vacant Land Condominium, Official Plan and Zoning By-law Amendments

      Councillor Terry Flynn previously declared a conflict of interest with Warner Road - Collection 15 Condominiums - Application for Official Plan and Zoning By-law Amendments, and Draft Plan of Vacant Land Condominium, of the November 16, 2015 Public Community & Development Advisory Committee Meeting minutes, as he neighbours the subject property. Councillor Flynn did not take part in any discussion or vote on this item.

      Warner Road - Draft Vacant Land Condominium, Official Plan and Zoning By-law Amendments was lifted and voted on separately and received.

      The balance of the November 16, 2015 Public Community & Development Advisory Committee Meeting minutes was voted on and received.

      - resolution #6, RECEIVED NOVEMBER 16, 2015 PUBLIC COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES.
(3) Community & Development Advisory Committee
Chair Councillor Jamie King, Vice Chair Councillor Maria Bau-Coote

The following are the recommendations from the November 16, 2015 Community & Development Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
      (a) Report CDS-15-075
1.1 The Draft Plan of Vacant Land Condominium, “Tanbark Heights", File 26CD-18-15-01, consisting of Part of Part 2 on Plan 30R-2602, and Blocks 63 and 64 on Plan 30M-418 in the Town of Niagara-on-the-Lake, be approved in accordance with the provisions of the Planning Act, and regulations thereunder, subject to the conditions as contained in Appendix B to this report.
      1.2 The Lord Mayor be authorized to endorse the Draft Plan for the "Tanbark Heights" as 'approved' 20 days after notice of Council's decision has been given provided that no appeals have been received
(b) Report CDS-15-076
that Report CDS-15-076, Warner Road be referred back to staff for further discussion with affected residents on density, height, lighting, privacy, safety and pedestrians and a further report come back to Council at the first meeting in January 2016; and further request Operations staff to review speed limits and lighting on Warner Road to report in January 2016 if any adjustments are required
(c) Report CDS-15-077
1.1 the Subdivision Agreement, attached as Appendix A to this report, for the lands known as "The Village Phase VI" being Part of Lot 205 Registered Plan M-11 in the Town of Niagara-on-the-Lake, and shown on the draft 30M Plan attached, be approved;
      1.2 the Zoning By-law Amendment, attached as Appendix B to this report, be forwarded to Council for adoption;
      1.3 the By-Law attached as Appendix C to this report, dedicating Block B as part of the Town of Niagara-on-the-Lake road system, be forwarded to Council for approval; and
      1.4 that the necessary By-Law be prepared by the Clerk to authorize the easement agreement between the Corporation of the Town of Niagara-on-the-Lake and Niagara Peninsula Conservation Authority regarding the proposed trail on Block 10 of the attached draft M Plan in the Village Subdivision
(d) Report CDS-15-078
1.1 Council authorize servicing allocation solely for the use of two additional single-detached residential dwelling units at 113 Byron Street under Section 4.6 of Policy CC-GEN-006A "Allocation of Waste Water Servicing Policy" within the current servicing allocation reserve; and
      1.2 the Town reserves the right to revoke or reallocate the servicing allocation should building permits not be issued by December 31, 2016; and
      1.3 the Region of Niagara be advised of the servicing allocation for this development
(e) Report CDS-15-079
1.1 the release of lands from Part Lot Control By-law, attached as Appendix B, for 9, 11, 13 and 15 Pierpoint Drive on Block 35, Plan 30M-404, for a period of three (3) years be forwarded to Council for approval

      The Clerk read a brief summary from the November 16, 2015 Community & Development Advisory Committee Meeting minutes.

      Councillor Terry Flynn previously declared a conflict of interest with item 1.b) Report CDS-15-076, Warner Road - Collection 15 Condominiums - Application for Official Plan and Zoning By-law Amendments, and Draft Plan of Vacant Land Condominium, of the November 16, 2015 Community & Development Advisory Committee Meeting minutes, as he neighbours the subject property. Councillor Flynn did not take part in any discussion or vote on this item.

      Item 1.b) Report CDS-15-076, Warner Road - Collection 15 Condominiums - Application for Official Plan and Zoning By-law Amendments, and Draft Plan of Vacant Land Condominium, of the November 16, 2015 Community & Development Advisory Committee Meeting minutes was lifted and voted on separately and approved.

      The balance of the November 16, 2015 Community & Development Advisory Committee Meeting minutes was voted on and approved.

      - resolution #7, APPROVED NOVEMBER 16, 2015 COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES.
(4) Finance Advisory Committee
Chair Councillor Lord Mayor Pat Darte, Vice Chair Councillor John Wiens

The following are the recommendations from the November 16, 2015 Finance Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
      (a) Report FC-15-005
1.1 The Regional Municipality of Niagara's Report #CSD 69-2015 titled 2016 Property Tax Policy dated September 23, 2015 attached as "Appendix A" to this report be received for information;
      1.2 The Regional Municipality of Niagara be advised that Niagara-on-the-Lake Council does not support any changes to the tax ratio; and
      1.3 Council requests further analysis be performed and a robust consultation with all lower tier municipalities.
The Clerk read a brief summary from the November 16, 2015 Finance Advisory Committee Meeting minutes.
    - resolution #8, APPROVED NOVEMBER 16, 2015 FINANCE ADVISORY COMMITTEE MEETING MINUTES.

    BY - LAWS:
    Clerk to introduce the by-laws before Council
    Clerk to read resolution(s) for readings of by-laws
    (by-laws and agreements are available for viewing in the Clerk's Department)

    4316AX(1)-15- A by-law to amend By-law 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk, height, location, and spacing of buildings and structures within the Town of Niagara-on-the-Lake (The Village, Phase VI - Phase 3 East)

    4844-15- A bylaw to authorize a subdivision agreement between The Corporation of the Town of Niagara-on-the-Lake and Brookfield Homes (Ontario) Limited (The Village Phase VI Niagara Stone Road)

    4845-15- A by-law to adopt certain lands as part of The Corporation of the Town of Niagara-on-the-Lake Road System and to form part of Colonel Butler Crescent

    4846-15- A by-law to exempt certain lands from part lot control (9, 11, 13 & 15 Pierpoint Drive, Block 35, 30 - 404)

    - resolution #9, BY-LAWS RECEIVED THREE READINGS.

    CORRESPONDENCE AND MOTIONS:
    Clerk to read resolution

    1. The following resolution(s) be adopted:

    (a) Councillor Jamie King - Proposed Nuclear Waste Deep Geological Repository (DGR)

    Councillor Jamie King read his motion and highlighted his concerns with Ontario Power Generation's proposed DGR in the Great Lakes Basin. Councillor King requested that in order to protect the Great Lakes and its tributaries, that neither this proposed repository nor any other underground repository be constructed in the Great Lake Basin, in Canada, the United States, or any First Nation property.

    - resolution #10, APPROVED TO REJECT DGR.

    (b) Councillor Betty Disero - 200th Anniversary Niagara-on-the-Lake Firefighters

    Councillor Betty Disero read her motion and highlighted the accomplishment and strength of Niagara-on-the-Lake's volunteer Firefighters. Councillor Disero noted they are owed a great deal of recognition for their commitment and dedication to the community.

    - resolution #11, APPROVED FIREFIGHTERS RECOGNITION RESOLUTION.

    NOTICE OF MOTION:
    As per the Town's Procedural By-law, "A notice of motion may be introduced by any Member at a regular Meeting of Council or Committee of the Whole for consideration at the next or a subsequent regular meeting of Council, and the same shall then be included in the notice of the Meeting at which it is to be considered."

    There was no notice of motion brought forward at this meeting.

    NEW BUSINESS:
    New Business may be introduced at a regular Meeting under adoption of the Agenda. Items of direction to staff must be in the form of a motion.

    Councillor Martin Mazza requested a ruling by the Presiding Officer, Lord Mayor at the December 14, 2015 Council Meeting regarding an infringement of his rights, when interrupted by Councillor Jim Collard, while he had the floor at the November 23, 2015 Council meeting. Councillor Mazza is requesting an apology and reconciliation from Councillor Collard.

    CLOSED SESSION:
    Clerk to read resolution

    Lord Mayor Pat Darte stated he was requested to rule on Councillor Betty Disero's Point of Personal Privilege made at the November 16, 2015 Committee of the Whole Meeting. Lord Mayor Darte noted it had been brought to his attention that an apology had been issued by Councillor Paolo Miele on his Council Facebook page in relation to Councillor Disero's concern. Lord Mayor Darte deemed the matter to have been resolved and requested no further debate on the matter.

    As an aside, Lord Mayor Darte read a statement and, in part, called upon Councillors to work together to achieve the common goal of the residents of the Town of Niagara-on-the-Lake. He noted Council has the knowledge here, the wisdom here, and the desire. Lord Mayor Darte personally promised to deal with matters inside the Council Chamber better and asked each member to come together as a team to deliver all that we have promised our residents within a positive and respectful environment. In closing, Lord Mayor Darte highlighted Council's accomplishments and great possibilities being explored.

    Councillor Martin Mazza previously declared a conflict of interest with Closed Session Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, 1875 Niagara Stone Road as he lives within the surrounding area of the subject property. Councillor Mazza did not proceed to the closed session and excused himself from the Council meeting and left the Council Chambers at 9:34 p.m.

    The Municipal Act 2001, as amended,
      • Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; specifically 1875 Niagara Stone Road
    At 9:34 p.m. the following motion was read in open session:

    Moved by Councillor Betty Disero, seconded by Councillor Jim Collard that Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
    Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically 1875 Niagara Stone Road. APPROVED (resolution #12).

    At 9:45 p.m. Councillor Terry Flynn left the closed session and returned to the Council Chambers. Councillor Flynn left the Council Chambers and Council meeting and did not return.

    At 10:05 p.m. the following motion was read in open session:

    Moved by Councillor Maria Bau-Coote, seconded by Councillor Jim Collard that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
    Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically 1875 Niagara Stone Road with no report. APPROVED (resolution #13).

    PROCEEDINGS BY-LAW:
    Clerk to read resolution for reading of by-law
    4847-15- A by-law to confirm the proceedings at the Council Meeting of The Corporation of the Town of Niagara-on-the-Lake on November 23, 2015

    - resolution #14, BY-LAW RECEIVED THREE READINGS.

    VERBAL MOTIONS:

    1. Moved by Councillor Terry Flynn, seconded by Councillor Maria Bau-Coote, that the agenda be adopted as presented and amended by moving item as noted. APPROVED.

    RESOLUTIONS:

    1. Moved by Councillor Betty Disero, seconded by Councillor Jim Collard that the minutes of the Council Meeting held November 2, 2015 be adopted. APPROVED.

    2. Moved by Councillor Betty Disero, seconded by Councillor Jim Collard that application Nos. 2014-00003 and 2015-00012 for cancellation, reduction or refund of taxes under Section 357 of the Municipal Act, 2001 be approved. APPROVED.

    3. Moved by Councillor Martin Mazza, seconded by Councillor Jamie King, that the information presented to Council re: Tree Protection Policy for Public and Private lands be forwarded to staff to investigate and come back to Council with a report on their findings and outline steps to move forward on such a policy, including cost and management. APPROVED.

    4. Moved by Councillor Betty Disero, seconded by Councillor Jamie King that the recommendations contained in Community & Development Services Report CDS-15-080 be adopted to include that:
        1.1 that the November 10, 2015 Municipal Heritage Committee minutes, attached as Appendix A (to this report), be received; and
        1.2 that the following Ontario Heritage Permits be forwarded to Council for approval, subject to the conditions as outlined in the November 10, 2015 Municipal Heritage Committee minutes:
        1.2.1 108 Queen Street; and
      1.2.2 230 Davy Street (front windows); and
        1.2.3 230 Davy Street (frieze board, four front porch posts, and fireplace vent stack). APPROVED, AS AMENDED.
    5. Moved by Councillor Betty Disero, seconded by Councillor Terry Flynn that the owner of 230 Davy Street be allowed to replace the 3, 2 over 2 front windows with 3, 2 over 2 windows on the second floor. APPROVED.

    6. Moved by Councillor Betty Disero, seconded by Councillor Jim Collard that the Minutes/Report of the November 16, 2015 Public Community & Development Advisory Committee Meeting be received, regarding:
            • Tanbark Road – Draft Plan of Condominium
            • Warner Road – Draft Vacant Land Condominium, Official Plan and Zoning By-law Amendments APPROVED TO RECEIVE.

    7. Moved by Councillor Jamie King, seconded by Councillor Maria Bau-Coote that the Minutes and Reports of the November 16, 2015 Community and Development Advisory Committee Meeting be adopted. APPROVED.

    8. Moved by Councillor Terry Flynn, seconded by Councillor John Wiens that the Minutes and Reports of the November 16, 2015 Finance Advisory Committee Meeting be adopted. APPROVED.

    9. Moved by Councillor Betty Disero, seconded by Councillor Jim Collard that leave be given to introduce By-law Nos. 4316AX(1)-15, 4844-15, 4845-15, and 4846-15, and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding. APPROVED.

    10. Moved by Councillor Jamie King, seconded by Councillor Betty Disero
    WHEREAS Ontario Power Generation (OPG) is proposing to construct a deep geologic repository (DGR), which is an underground long-term burial facility, at the Bruce Nuclear Generating Station site in Kincardine Ontario Canada, and bury and abandon in the DGR all of Ontario’s low and intermediate level radioactive nuclear waste, some of which remains highly radioactive and toxic for over 100,000 years. The proposed site is approximately one kilometre inland from the shore of Lake Huron and about 400 metres below the lake level;
        AND WHEREAS fresh water is the nation’s and Canada’s most important resource and should be protected and managed prudently;
        AND WHEREAS the Great Lakes are an irreplaceable natural resource, containing twenty one percent of the worlds, and ninety five percent of North America’s fresh water, vital to human and environmental health and economic and agricultural well-being of both Canada and the United States of America;
        AND WHEREAS Lake Huron and connecting waters including Lake St. Clair, are a source of drinking water for millions of people downstream in Canada, the United States of America and First Nations, including Niagara-on-the-Lake;
        AND WHEREAS individuals, citizen and environmental groups and municipalities and counties in both Canada and the United States have expressed concern and opposition to the proposed nuclear waste repository;
        AND WHEREAS as of October 28, 2015, one hundred seventy nine (179) resolutions have been passed by communities in the Province of Ontario and States of Illinois, Michigan, Minnesota, Wisconsin, Pennsylvania, New York, Ohio representing over 21 million citizens opposing the proposed nuclear waste repository, with the vast majority of the resolutions opposing any permanent underground nuclear waste repository anywhere in the Great Lakes Basin;
        AND WHEREAS under the 2012 Protocol Amending the Agreement Between Canada and the United States of America on Great Lakes Water Quality, the governments of Canada and the United States acknowledge the importance of anticipating, preventing and responding to threats to the waters of the Great Lakes;
    AND WHEREAS the Governments of Canada and of the United States share a responsibility and an obligation to protect the Great Lakes from contamination from various sources of pollution, including the leakage of nuclear waste from an underground nuclear waste repository;
        AND WHEREAS in April 2015 resolutions HR 194 and SR 134 were introduced respectively in the US House of Representatives and US Senate expressing the sense that (1) the Canadian Government should not allow a permanent nuclear waste repository to be built within the Great Lakes Basin; (2) the President and the Secretary of State should take appropriate action to work with the Canadian Government to prevent a permanent nuclear waste repository from being built within the Great Lakes Basin; and (3) the President and the Secretary of State should work together with their Canadian Government counterparts on a safe and responsible solution for the long-term storage of nuclear waste;
        AND WHEREAS In the mid 1980’s, the US Department of Energy was considering potential sites for a US nuclear waste repository, including some sites location in the Great Lakes Basin and as a result of significant Canadian opposition, Joe Clark, then Secretary of State for External Affairs, intervened and the US government honored Canada’s request to exclude any sites within 40 kilometers of the Canadian border;
        AND WHEREAS placing a permanent nuclear waste burial facility so close to the Great Lakes is ill-advised. The potential damage to the Great Lakes from any leak or breach of radioactivity far outweighs any suggested economic benefit that might be derived from burying radioactive nuclear waste at this site. The ecology of the Great Lakes, valuable beyond measure to the health and economic well-being of the entire region, should not be placed at risk by storing radioactive nuclear waste underground so close to the shoreline.
        NOW, THEREFORE, BE IT RESOLVED by the Council of The Corporation of the Town of Niagara-on-the-Lake, that:
        1. In order to protect the Great Lakes and its tributaries, the Niagara-on-the-Lake Town Council urges that neither this proposed nuclear waste repository at the Bruce Nuclear Generating Station site nor any other underground nuclear waste repository be constructed in the Great Lakes Basin, in Canada, the United States, or any First Nation property.
        2. The Niagara-on-the-Lake Town Council urges the Government of Canada and the Government of Ontario to reject (and seek alternatives to) Ontario Power Generation’s proposal to bury and abandon radioactive nuclear waste in the Great Lakes Basin.
        3. A copy of this Resolution shall be transmitted to Kathleen Wynne, Premier of Ontario, Justin Trudeau, Prime Minister of Canada, Catherine McKenna, Canada’s Minister of the Environment and Climate Change, Stéphane Dion, Canada’s Minister of Foreign Affairs, Rona Ambrose, MP and Leader of the Conservative Party of Canada and the Official Opposition, Thomas Mulcair, MP and Leader of the New Democratic Party of Canada, Elizabeth May, MP and Leader of the Green Party of Canada, Robert Nicholson, MP Niagara Falls, Patrick Brown, Leader of the Progressive Conservative Party of Ontario, Jim Wilson, Ontario MPP and Leader of the Official Opposition, Andrea Horwath, MPP and Leader of the New Democratic Party of Ontario, Mike Schreiner, Leader of the Green Party of Ontario, Wayne Gates, MPP Niagara Falls. APPROVED.

    11. Moved by Councillor Betty Disero, seconded by Councillor Jim Collard
        WHEREAS Newark was the original Capital of Upper Canada.
        AND WHEREAS there was a devastating fire in Niagara due to the hostilities during the War of 1812;
        AND WHEREAS it was deemed that a fire service would be established in Niagara; and the first Volunteers were recruited, a fire hall was built and equipped in the market square of Niagara in 1816;
        AND WHEREAS the Niagara Fire Department, later known as the Niagara-on-the-Lake Fire Department, has provided continuous and uninterrupted service to the residents of Niagara-on-the-Lake;
        AND WHEREAS the Niagara Township Fire Department has had a long and proud service tradition to the residents of Niagara-on-the-Lake with stations in St. Davids, Queenston, Virgil and Glendale;
        AND WHEREAS Niagara Township Fire Department, which amalgamated with Niagara-on-the-Lake Fire Department, is also celebrating its 75th Anniversary in 2016;
        AND WHEREAS the firefighters have been giving of their time and effort for 200 years towards the protection of property and life to the citizens and visitors to Niagara-on-the-Lake;
        AND WHEREAS Council wishes to recognize the hardworking men and women of the Niagara-on-the-Lake Fire and Emergency Services for their duty and commitment to the town.
        THEREFORE, IT BE RESOLVED that Council request staff to report to Council on a committee, terms and resources required to celebrate the 200th Anniversary of the Niagara-on-the Lake Firefighters. APPROVED.

    12. Moved by Councillor Betty Disero, seconded by Councillor Jim Collard that Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
        Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically 1875 Niagara Stone Road. APPROVED.

    13. Moved by Councillor Maria Bau-Coote, seconded by Councillor Jim Collard that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
        Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically 1875 Niagara Stone Road with no report. APPROVED.

    14. Moved by Councillor Betty Disero, seconded by Councillor Jim Collard that leave be given to introduce By-law No. 4847-15 and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding. APPROVED.

    15. Moved by Councillor Betty Disero, seconded by Councillor Jim Collard that this Council adjourn to the next regular meeting to be held December 14, 2015 and if a special meeting is required, it will be held at the call of the Lord Mayor. APPROVED.

    VERBAL MOTIONS:


    ADJOURNMENT: 10:08 PM


    LORD MAYOR PAT DARTE TOWN CLERK HOLLY DOWD