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PRESENT:
Lord Mayor Dave Eke, Councillors: Maria Bau-Coote, Jim Collard, Dennis Dick, Terry Flynn, Andrea Kaiser, Jamie King, Martin Mazza, Gary Zalepa
REGRETS:
STAFF:
M. Galloway Chief Administrative Officer (CAO)
H. Dowd Town Clerk
V. Butters Deputy Clerk
M. Avramovic Director of Community & Development
S. Randall Director of Corporate Services
E. Kuczera Director of Public Works
C. Buist Director of Parks & Recreation
B. Wiens Principal Planner
R. Wiens Chief Building Official
OTHERS:
MEDIA:
S. Ferguson Niagara Advance
M. Cheevers Niagara This Week
S. Mason St. Catharines Standard
Representative from Cogeco
CALL TO ORDER:
The Lord Mayor called the meeting to order at 7:00 p.m.
Page 2 - October 31, 2011 Council Minutes
PRAYER:
Councillor Jim Collard opened the meeting with a prayer.
O'CANADA:
Council, staff and all those present sang O'Canada.
ADOPTION OF THE AGENDA:
(New Business Items and Notice of Motions are to be listed when the agenda is amended)
The Clerk announced the following delegations were received prior to the 10:00 a.m. deadline and are to be added to the agenda:
- Patrick McCann, 14862 Niagara Parkway
Extension of "Bike Path" - Councillor Jim Collard's motion
- Austin Kirkby, 1601 Concession 2 Road
Cost and Impact of Trail System - Councillor Jim Collard's motion
The following items were requested to be added under New Business:
Councillor Jim Collard - Niagara-on-the-Lake Lions Club 70th Anniversary; and Crossroads Public School
Councillor Gary Zalepa - Tourism Niagara Website Launch
Councillor Jamie King - Pumphouse Annual General Meeting
Councillor Dennis Dick - Bethany Mennonite Church Borscht Lunch
Moved by Councillor Terry Flynn, seconded by Councillor Andrea Kaiser
that the agenda be adopted as presented and amended by adding additional items as noted. APPROVED.
CONFLICT OF INTEREST:
There were no conflicts of interest declared at this time.
Page 3 - October 31, 2011 Council Minutes
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:
Lord Mayor Dave Eke spoke to the following:
- Welcome Milena Avramovic, Director of Community & Development Services
- Thank you Will Walker, (I) Director of Community & Development Services
- October 25, 2011 First Year in Office Update and Thank you to Council and Staff
NEXT COMMITTEE OF THE WHOLE AND COUNCIL MEETING DATES:
(Clerk announced the dates)
The next Committee of the Whole meeting is scheduled for Monday,
November 14, 2011 at 7:00 p.m. The next Council Meeting is scheduled for Monday, November 21, 2011 at 7:00 p.m. Start times of meetings can be subject to change, please visit www.notl.org.
All delegation requests must be submitted to the Clerk's Department by 10:00 a.m. on the day of the meeting. For more detailed information, please visit the Town's website at www.notl.org or contact the Clerk's Department at 905-468-3266.
MINUTES:
Clerk to read the resolution to adopt minutes
(1) Council Meeting Minutes dated October 11, 2011
- resolution #1, APPROVED OCTOBER 11, 2011 MINUTES.
Page 4 - October 31, 2011 Council Minutes
DELEGATIONS:
At Clerk's discretion, delegations will be added (Deadline 10:00 a.m. on the morning of the meeting)
Non-Agenda Delegation
(1) Tamara Coleman-Lawrie, Manager
Autism Ontario - Niagara Region Chapter
October is Autism Awareness Month Across Canada
Ms. Coleman-Lawrie advised that October is Autism Awareness Month across Canada and provided facts and statistics (filed C04-CO Council Minutes) about Autism in Ontario and the Niagara Region. Ms. Coleman-Lawrie noted Autism Ontario - Niagara Region Chapter is a leading source of information and referral on Autism, which helps to support those affected with critical programming, services and advocacy. In closing, Ms. Coleman-Lawrie stated the Niagara Region Chapter of Autism Ontario encourages and invites all Niagara Region members to observe October as Autism Awareness Month in an effort to raise public awareness, as well as support. She thanked Council for its consideration.
Lord Mayor Dave Eke thanked Ms. Coleman-Lawrie for coming forward.
(2) Rainer Hummel, Resident
Presentation for Splash Pad at Arena
Mr. Hummel stated that activities for children was addressed by the Virgil Business Association (VBA) several years ago, and highlighted its fundraising process leading up to the proposed Splash Pad at the Arena. Mr. Hummel highlighted additional facility proposals for the Splash Pad area and acknowledged the VBA's $1 million contribution to Niagara-on-the Lake facilities and future fundraising plans. Mr. Hummel announced a $250,000 donation on behalf of his family, with $125,000 from the VBA, to ensure the Splash Pad becomes a reality. In closing, Mr. Hummel requested that Council consider a contribution in the amount of $125,000 from the Parks Reserves, as well as approach the provincial and federal governments for additional funding.
Lord Mayor Dave Eke thanked Mr. Hummel for his donation and for coming forward.
Page 5 - October 31, 2011 Council Minutes
Agenda Delegation
(1) Tom Richardson, Solicitor
Rainer Hummel, Cannery Park Development Inc.
Richard Brady, Urban & Environmental Management Inc.
Report CDS-11-088, Cannery Park Subdivision - OMB Appeal
Mr. Richardson stated he was speaking to Report CDS-11-088 on behalf of Rainer Hummel, Cannery Park Development Inc. and Rick Brady, Planning Consultant. Mr. Richardson read from a submission (filed C04-CO Council Minutes) and spoke to the OMB Hearing, revised Minutes of Settlement, and the developer's and Region's current position. Mr. Richardson further outlined the proposal agreed to by his client and Town staff and provided an update regarding his discussions with the Regional solicitor. In closing, Mr. Richardson asked that Council recommend the approval of the draft plan of Cannery Park and the conditions of draft plan of approval.
Mr. Richardson answered questions of Council and Lord Mayor Dave Eke thanked him for coming forward.
(2) Patrick McCann, 14862 Niagara Parkway
Extension of "Bike Path" - Councillor Jim Collard's motion
Mr. McCann read from a submission (filed C04-CO Council Minutes) and spoke to the benefits of the proposed extension to the Town's trail system. Mr. McCann further spoke to his concerns about the costs of the project to taxpayers. Lord Mayor Dave Eke reminded Mr. McCann of the delegation protocol, specifically to stay on track with the topic he was speaking to, at which time Mr. McCann left the podium.
Councillor Martin Mazza left the Council meeting at this time (7:50 p.m.).
(3) Austin Kirkby, 1601 Concession 2 Road
Cost of Trail System - Councillor Jim Collard's motion
Ms. Kirkby thanked Council for the opportunity to speak and read from a prepared submission (filed C04-CO Council Minutes). Ms. Kirkby outlined her concerns about affected property owners and the Agricultural Advisory Committee not being consulted about the proposal.
Page 6 - October 31, 2011 Council Minutes
Ms. Kirkby provided background information regarding the Region's 2009 request for public input pertaining to the Wine Country Policies, which were outlined. Ms. Kirkby further highlighted her concerns with the proposed trail connections and stated the motion before Council was premature. Ms. Kirkby requested the motion be deferred in order to develop a detailed plan and receive public input.
Lord Mayor Dave Eke thanked M. Kirkby for coming forward.
RESPONSE TO DELEGATIONS FROM COUNCIL:
(1) Autism Ontario - Niagara Region Chapter, Proclamation Request
Council agreed to refer the proclamation request to Senior Management Team for review.
(2) Proposed Splash Pad - Town Donation Request
Discussion took place regarding the Hummel Family donation to the proposed splash pad, and the request for the Town to contribute and approach other levels of government for support.
Moved by Councillor Jim Collard, seconded by Councillor Terry Flynn that Senior Management Team review and report the request for donation from Mr. Rainer Hummel to the proposed NOTL Splash Pad
A polled vote was called for by Councillor Jim Collard.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X |  |
| Jim Collard | X | |
| Dennis Dick | X | |
| Terry Flynn | X | |
| Andrea Kaiser | X | |
| Jamie King | X | |
| Martin Mazza (absent) | | |
| Gary Zalepa | X | |
| Lord Mayor Dave Eke | X | |
| TOTALS | 8 | 0 |
(APPROVED, resolution #2).
Page 7 - October 31, 2011 Council Minutes
COMMITTEE REPORTS:
(1) Public Community & Development Advisory Committee
Clerk to read the resolution to receive Minutes
The following were heard at the October 24, 2011 Public Community & Development Advisory Committee Meeting:
- Dog Licensing By-law
- Block 79 Old Mill Lane, Zoning By-law Amendment
Application to Permit Semi-Detached Use
- 1437 Line 6 Road, Part of Lot 10, Township of Niagara
Zoning By-law Amendment
- resolution #3, RECEIVED OCTOBER 24, 2011 PUBLIC COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MINUTES.
(2) Community & Development Advisory Committee
Chair Councillor Jamie King, Vice Chair Councillor Dennis Dick
The following are the recommendations from the October 24, 2011 Community & Development Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CDS-11-087 that report CDS-11-087 (Dog Licensing By-law) be deferred to the next Committee Meeting, November 14, 2011, in order to allow the Lincoln County Humane Society the opportunity to comment on the By-law
(b) Report CDS-11-082 subject to the input from the public meeting:
1.1 that the zoning amendment application for Block 79 Old Mill Lane, St. Davids to re-zone the subject lands to Residential (R3) Zone be approved and be forwarded to Town Council for passage; and
1.2 that the proposed zoning by-law amendment is consistent with the Provincial Policy Statement, Provincial Policy Plans, Regional Policy Plan and the Town Official Plan
Page 8 - October 31, 2011 Council Minutes
(c) Report CDS-11-080 subject to the result of the public meeting:
1.1 that the zoning amendment application for 1437 Line 6 Road, Part of Lot 10, Township of Niagara be approved; to rezone the lands from "Rural (A) Zone" to an "Agricultural Purposes Only (APO) Zone;" and
1.2 that the proposed zoning by-law amendment is consistent with the Provincial Policy Statement, Provincial Policy Plans, Regional Policy Plan and the Town Official Plan
(d) Report CDS-11-081
1.1 that Draft plan approval for the Garrison Village III Plan of Subdivision File: 26T-96005 be extended to November 5, 2014; and
1.2 that the conditions of draft plan of subdivision be revised in accordance with Appendix A attached to report CDS-11-081
(e) Report CDS-11-083, as amended, that recommendations 1.2.4 and 1.3 of report CDS-11-083, MHC Minutes, October 12, 2011, be deferred two meeting cycles for staff to come back to Committee to design the process to address the challenge regarding internal illuminated signs in the Heritage District; and
1.1 that the October 12, 2011 Municipal Heritage Committee minutes be received; and,
1.2 that the following recommendations from the October 12, 2011 Municipal Heritage Committee meeting be approved:
1.2.1- that the minutes of the Municipal Heritage Committee meeting held September 13, 2011 be received
1.2.2- that the Ontario Heritage Act Permit application to install a 3' 6 1/2" high wooden patio fence with attached planter boxes and counters and new flower beds at 84 Queen Street according to the specifications submitted on September 28, 2011 be approved
1.2.3- that the Ontario Heritage Act Permit application to install a "Vera Bradley" sign on the wall beside the entrance to Unit D and on the existing directory board at 106 Queen Street according to the specifications submitted on October 4, 2011 be approved
1.2.4- that the request to approve the internally illuminated "open" sign for the Prince of Wales Hotel submitted by Vintage Inns be refused
- that the MHC assist business owners in the district with the design of a suitable "open" sign that can be hung outside and lit externally or, alternatively, can be placed inside a window and lit from above or below (DEFERRED)
Page 9 - October 31, 2011 Council Minutes
1.2.5- that the Ontario Heritage Act Permit application to construct a new house on Lot 3 at 297 Ricardo Street according to the specifications submitted on October 4, 2011 be approved with the following conditions
- the fence and pillars, which are listed as significant heritage attributes of the site and must be retained and restored if necessary
- if required, the applicant applies for a minor variance for the reduced setback for the garage
- a final landscape plan must be submitted for Heritage Permit approval
- when the house has been substantially constructed to the satisfaction of the MHC and Council the designation by-law for the property at 289 Ricardo Street will be amended to remove the subject lot from the legal description
1.2.6 - that the following correspondence, notices and publications be received:
- Notice of Public Meeting - Rezoning - Block 79, Old Mill Lane - October 24, 2011
- Notice of Passing of Official Plan & Zoning By-law Amendment - 792 Line 2 Road
- Notice of Passing of Zoning By-law Amendment - 1168 Line 8 Road
- Notice of Passing of Zoning By-law Amendment - 940 Line 2 Road
- Notice of Passing of Zoning By-law Amendment - 1256 Concession 7 Road
- Notice of Passing of Zoning By-law Amendment - 326 Lakeshore Road
- Invitation to Designation of Moore-Lampman House, Thorold, Sunday, October 16, 2011
1.3 that the following recommendation from the October 12, 2011 Municipal Heritage Committee meeting be defeated: (DEFERRED)
1.3.1- that the MHC endorse the use of internal illuminated open signs in the Heritage Conservation District
(f) Report CDS-11-084
1.1 that the Development Agreement, attached as Appendix A to CDS-11-084, providing requirements for a newly created lot located at 115 King Street and the remnant parcel located at 16 Front Street be approved and forwarded to the Owner for signatures and upon return be forwarded to Council for approval
Page 10 - October 31, 2011 Council Minutes
(g) Report CDS-11-085
1.1 that the disposition of the recommendations for the Sign Variance Committee meeting held October 12, 2011 be referred to Council for adoption; and
1.2 that the following recommendations from the October 12, 2011 Sign Variance Committee be approved for 326 Lakeshore Road:
1.2.1 the request for variance to Section 3.04 (7) of Sign By-law No. 4400-10 to reduce the required setback for a produce sign from 1 metre to 0 metres be approved; and
1.2.2 the request for variance to Section 3.04 (7) of Sign By-law No. 4400-10 to increase the number of signs from a sign to 2 signs be approved; and
1.2.3 that in the event the hedge is removed in the future then the signs must meet the requirements of the then current Sign By-law
(h) Report CDS-11-086
1.1 that Council endorse the Region's proposed modifications to Official Plan Amendment #43-Growth Plan Conformity; and
1.2 that this report be forwarded to the Regional Commissioner of Integrated Community Planning
(i) that staff be directed to investigate the options put forward by Mr. Don Read in his presentation, regarding a leash free dog park being located at the corral at Centennial Park and a report come back to Committee at Staff's earliest convenience
The Clerk read a brief summary from the October 24, 2011 Community & Development Advisory Committee meeting.
Item 1.h) Report CDS-11-086 Modifications to Official Plan Amendment #43 of the October 24, 2011 Community & Development Advisory Committee Meeting Minutes was lifted and voted on separately and approved.
- resolution #4, APPROVED BALANCE OF OCTOBER 24, 2011 COMMUNITY & DEVELOPMENT SERVICES ADVISORY COMMITTEE MINUTES.
Page 11 - October 31, 2011 Council Minutes
(3) Corporate Services Advisory Committee
Chair Councillor Maria Bau-Coote, Vice Chair Councillor Gary Zalepa
The following are the recommendations from the October 24, 2011 Corporate Services Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report C-11-021
1.1 that the Accessibility Audit for Town Facilities, prepared by The Herrington Group Ltd. be received and the invoice in the amount of $7,300 plus HST be funded from the Accessibility for Ontarians with Disabilities Act Reserve; and
1.2 that the projects identified by the NOTL Accessibility Compliance Committee in the estimated amount of $60,000 be funded from the Accessibility for Ontarians with Disabilities Act Reserve
(b) Report C-11-022
1.1 that Rainer Hummel be appointed to the Fair Taxation Committee; and
1.2 that the Fair Taxation Committee prepare a Terms of Reference to be presented to Council for approval
(c) Report CS-11-021
1.1 that a By-law be prepared to appoint KPMG as the Corporation of the Town of Niagara-on-the-Lake's (Corporation) auditor for a term of 5 years beginning with the audit for the fiscal year ending December 31, 2011
(d) Report CS-11-022
1.1 that Council approve a $1,000 donation to the Goderich and Area Disaster Relieve Fund; and
1.2 that these funds be applied to the Municipal Purposes-Corporate Expenses-Discretionary Account #100-9010-64000
(e) Report CS-11-023
1.1 that the Lord Mayor and Town Clerk be authorized to sign a new 3-year Wireless/Cellular contract agreement with Telus
1.1 that staff be directed to release the amount of $20,000 to Niagara College for 2011
The Clerk read a brief summary from the October 24, 2011 Corporate Services Advisory Committee meeting.
Page 12 - October 31, 2011 Council Minutes
In answer to Councillor Gary Zalepa's request, the Clerk stated the October 24, 2011 Corporate Services Advisory Committee Meeting Minutes would be amended to reflect his absence.
- resolution #5, APPROVED OCTOBER 24, 2011 CORPORATE SERVICES ADVISORY COMMITTEE MINUTES.
(4) Public Works Advisory Committee
Chair Councillor Terry Flynn, Vice Chair Councillor Jim Collard
The following are the recommendations from the October 24, 2011 Public Works Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report PW-11-038
1.1 that the Town accept the two year tender of Anthony's Excavating Central Inc. at an estimated cost of $172,311.10 (approximately $57,000 under the estimated cost), H.S.T. extra, for the maintenance of the following Municipal Drains: 2011 Bright Drain Lavigne Drain, Harrison Drains 10, 11, 12; 2012 Airport Drain 1, Harrison Drains 4, 6 and the Routh Drain, with payment based on the actual quantities and tendered unit prices
(b) Report PW-11-039
1.1 that Council accept the proposal submission of HDR Corporation dated October 7, 2011 to conduct a Rural Road Safety Review and Action Plan for the total fee estimate, including disbursements of $24,950 (excluding HST)
(c) Report PW-11-040
1.1 that Council authorize the installation of necessary signage and pavement markings to designate a school crossing on Line 2 Road at the rear entrance of Crossroads Public School at an estimated cost of $1,800 (excluding H.S.T.) to be charged to the Protective Control - School Crossing Guards operating budget miscellaneous account; and
1.2 that Council authorize improvement of the boulevard on the north side of Line 2 Road, fronting the crosswalk, including installation of a connecting sidewalk at an estimated cost of $1,200 (excluding H.S.T.) to be charged to the Roads Department operating budget sidewalk account; and
Page 13 - October 31, 2011 Council Minutes
1.3 that the Town Clerk be directed to amend Traffic and Parking By-Law 4308-09, as amended, to designate:
i) "No Parking" on both sides of Line 2 Road, from Bordeaux Drive to 100 metres east, excepting the "No Stopping" zones defined below
ii) "No Stopping" on the north side of Line 2 Road, from 50 metres east of Bordeaux Drive to 45 metres further east
iii) "No Stopping" on the south side of Line 2 Road, from 35 metres east of Bordeaux Drive to 45 metres further east
(d) Report PW-11-041
1.1 that Council direct staff as follows:
a.) to engage the transportation consultant, IBI Group, to assist in the preparation of a terms of reference and the evaluation process for a Request for Proposal for Transit Services to include the Heritage Shuttle, Community Shuttle, and Conventional Transit services, as described in Report PW-11-041, at a cost not to exceed $18,000 and that this amount be allocated from the Contingency Reserve; and
b.) to report back to the November 14, 2011 Committee of the Whole meeting with the Terms of Reference
The Clerk read a brief summary from the October 24, 2011 Public Works Advisory Committee Meeting.
Discussion took place with respect to Report PW-11-041 Request for Proposal - Transit Services. In answer to a question, the CAO clarified the proposed process, and noted that Council member's comments should be directed to the Director of Public Works.
Discussion took place with respect to Report PW-11-040 Crossroads Public School Crossing Guards. In answer to a question, the Director of Public Works stated he would verify crosswalk markings are in place at Line 2 Road and Andres Street. Staff confirmed that crossing guards will be instructed to place pylons at this location while traffic patterns solidify.
- resolution #6, APPROVED OCTOBER 24, 2011 PUBLIC WORKS ADVISORY COMMITTEE MINUTES.
Page 14 - October 31, 2011 Council Minutes
(5) Clerk to read resolution to adopt recommendation
Community & Development Services Report CDS-11- 088
Cannery Park Subdivision - Ontario Municipal Board Appeal
- resolution #7, APPROVED RECOMMENDATIONS CDS-11-088.
BY - LAWS:
Clerk to introduce the by-laws before Council
(by-laws and agreements are available for viewing in the Clerk's Department)
500VW-11- A by-law pursuant to Section 34 of the Ontario Planning Act to amend By-law No. 500A-74, as amended, entitled a by-law to regulate the use of land and the character, location and use of buildings and structures thereon (1437 Line 6 Road)
4308E-11- A by-law to amend By-law 4308-09 being a by-lay regulating traffic and parking on Town roads to amend the following schedules: "A" Stopping Prohibitions, "C" Parking Prohibitions
4316P-11- A by-law to amend By-law No. 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 (Block 79 Old Mill Lane)
4501-11- A by-law to appoint the firm KPMG as Auditors for the Corporation of the Town of Niagara-on-the-Lake and rescind By-law 3894-05
4502-11- A by-law to authorize a development agreement between the Corporation of the Town of Niagara-on-the-Lake and Martinha Leitao and Joaquim Leitao (16 Front Street N and 115 King Street)
4503-11- A by-law to appoint Milena Avramovic, Director of Community & Development for the Corporation of the Town of Niagara-on-the-Lake and that By-law 3789-03 be repealed
- resolution #8 & 9, BY-LAWS RECEIVED THREE READINGS.
Page 15 - October 31, 2011 Council Minutes
CORRESPONDENCE:
Clerk to read resolution
1. The following resolution be adopted:
(a) Motion from Councillor Jim Collard with respect to Cycling in Niagara-on-the-Lake
Councillor Jim Collard read the motion and discussion took place with respect to the benefits of an enhanced trail system. Further discussion took place regarding the wording of the motion and the need for more information from staff about costs, input from stakeholders, timing, lands affected, and a general plan/vision.
Councillor Jim Collard agreed to Council's amendment to paragraph 5 to read: Therefore be it resolved that Town staff develop a process to connect the villages of Virgil, St. Davids, Queenston and Glendale to existing trail system;
- resolution #10, APPROVED RESOLUTION.
(b) Motion from Councillor Jamie King with respect to Hydraulic Fracturing in Great Lakes Basin
Councillor Jamie King read the motion and provided background information about the Niagara River and the commitment of residents in the past to protect it. Councillor King highlighted his concerns with Hydraulic Fracturing (fracking) and the treating of the wastewater.
Councillor King agreed to Council's amendment to paragraph 15 to read: Therefore be it resolved that...and treating "fracking" wastewater in private or municipal wastewater treatment systems in the Great Lakes Basin;
Page 16 - October 31, 2011 Council Minutes
A polled vote for the Hydraulic Fracturing motion was called for by Councillor Jim Collard.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | X | |
| Dennis Dick | X | |
| Terry Flynn | X | |
| Andrea Kaiser | X | |
| Jamie King | X | |
| Martin Mazza (absent) | | |
| Gary Zalepa | X | |
| Lord Mayor Dave Eke | X | |
| TOTALS | 8 | 0 |
APPROVED.
- resolution #11, APPROVED 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 for consideration at the next or a subsequent regular meeting of Council."
There were no notice of motions brought forward.
NEW BUSINESS:
Council may introduce any new business, i.e. announce special functions. Items of direction to staff must be in a form of a motion.
Council members discussed the following:
- Niagara-on-the-Lake Lions Club 70th Anniversary celebration dinner update
- Tourism Niagara Website Launch update
- Pumphouse Annual General Meeting Update
- Bethany Mennonite Church Borscht Lunch update
Page 17 - October 31, 2011 Council Minutes
PROCEEDINGS BY-LAW:
4504-11 - A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on October 31, 2011
- resolution # 12 & 13, BY-LAW RECEIVED THREE READINGS.
RESOLUTIONS:
1. Moved by Councillor Jim Collard, seconded by Councillor Jamie King that the minutes of the Council Meeting held October 11, 2011 be adopted. APPROVED.
2. Moved by Councillor Jim Collard, seconded by Councillor Terry Flynn that Senior Management Team review and report the request for donation from Mr. Rainer Hummel to the proposed NOTL Splash Pad. APPROVED.
3. Moved by Councillor Jamie King, seconded by Councillor Terry Flynn that the Minutes/Report of the October 24, 2011 Public Community & Development Advisory Committee Meeting be received, regarding:
· Dog Licensing By-law
Block 79 Old Mill Lane, Zoning By-law Amendment
Application to Permit Semi-Detached Use
· 1437 Line 6 Road, Part of Lot 10, Township of Niagara
Zoning By-law Amendment. APPROVED.
4. Moved by Councillor Jamie King, seconded by Councillor Dennis Dick that the Minutes and Reports of the October 24, 2011 Community & Development Advisory Committee be adopted. APPROVED.
5. Moved by Councillor Maria Bau-Coote, seconded by Councillor Gary Zalepa that the Minutes/Report of the October 24, 2011 Corporate Services Advisory Committee Meeting be adopted. APPROVED.
6. Moved by Councillor Terry Flynn, seconded by Councillor Jim Collard that the Minutes/Report of the October 24, 2011 Public Works Advisory Committee Meeting be adopted. APPROVED.
Page 18 - October 31, 2011 Council Minutes
7. Moved by Councillor Maria Bau-Coote, seconded by Councillor Terry Flynn that the recommendations contained in Community & Development Report CDS-11-088 be adopted to include:
1.1 that Council support minutes of settlement attached as Appendix A to this report; and
1.2 that Council direct the Town solicitor to sign the minutes of settlement on behalf of the Town and present the minutes of settlement at the Ontario Municipal Board Hearing scheduled for November 2, 2011; and
1.3 that staff notify the public to the greatest extent possible via email and social media of the proposed changes to the draft plan of subdivision and draft plan conditions before the November 2, 2011 OMB Hearing date. APPROVED.
8. Moved by Councillor Terry Flynn, seconded by Councillor Jim Collard that leave be given to introduce By-law Nos. 500VW-11, 4308E-11, 4316P-11, 4501-11, 4502-11, and 4503-11 and that the same be considered read a first and second time. APPROVED.
9. Moved by Councillor Terry Flynn, seconded by Councillor Jamie King that leave be given to introduce By-law Nos. 500VW-11, 4308E-11, 4316P-11, 4501-11, 4502-11, and 4503-11 and that the same having been read a first and second time, be now considered read a third time and passed, any ruling of this Council to the contrary notwithstanding. APPROVED.
10. Moved by Councillor Jim Collard, seconded by Councillor Jamie King
WHEREAS Niagara-on-the-Lake has shown leadership within the peninsula by encouraging the creation of Bicycle Lanes and Fitness Trails;
AND WHEREAS Niagara-on-the-Lake has worked with public and private agencies such as the Niagara Parks Commission, the Niagara Region and others to connect the villages of Queenston and Niagara-on-the-Lake and Virgil;
AND WHEREAS we want to encourage a healthier town, where residents are able to safely walk, jog and cycle between our villages;
AND WHEREAS we believe that an enhanced system will improve our environment, increase our economy, and fit well into our existing transportation network.
Page 19 - October 31, 2011 Council Minutes
THEREFORE BE IT RESOLVED that the Town staff develop a process to connect the villages of Virgil, St. Davids, Queenston and Glendale to existing trail system;
AND FURTHER that when considering updating the Niagara-on-the-Lake Official Plan, the Transportation Master Plan be reviewed to support active transportation between the five village/urban communities that make up Niagara-on-the-Lake;
AND FURTHER that we call on the Region of Niagara to work with the Town to help us establish the enhanced trail system and that the Town request the Regional Niagara Bicycling Committee, the Region's Public Works Committee and Regional Council to include support for a trail system in Niagara-on-the-Lake as part of the Bikeways Master Plan;
AND FURTHER that the Council of Niagara-on-the-Lake appoint a group of citizens to interact with Council to steer this program forward;
AND FURTHER that a copy of this resolution be forwarded to the Honourable Rob Nicholson MP, Kim Craitor MPP, Regional Chair Gary Burroughs, Regional Representative David Lepp, Niagara-on-the-Lake Service Clubs and the Virgil Business Association. APPROVED.
11. Moved by Councillor Jamie King, seconded by Councillor Jim Collard
WHEREAS the hydraulic fracturing (fracking) for natural gas involves the use of chemicals and hazardous materials during construction, drilling, hydraulic fracturing, gas production and delivery, well maintenance, and worksite operations;
AND WHEREAS hydraulic fracturing of underground geologic formations is often accomplished by injecting a complex mix of fluids and chemicals, including very large volumes of water under very high pressure to create fractures in gas bearing geologic formations;
AND WHEREAS many of the chemical constituents injected during hydraulic fracturing have documented adverse health effects and/or adverse environmental impacts;
AND WHEREAS serious concerns have been raised regarding water contamination near fracking sites;
AND WHEREAS use of these hydraulic fracturing mixes exposes adjacent land and surface waters to the risk of contamination through open pit storage, truck transport on roadways, and activities during well development;
Page 20 - October 31, 2011 Council Minutes
AND WHEREAS wastewater from fracking can contain radioactive elements and has been discharged into rivers that supply drinking water for millions, according to the New York Times;
AND WHEREAS the pollution of water caused by fracking threatens the long term economic well-being of communities, as businesses and consumers depend on clean drinking water;
AND WHEREAS there is no federal or provincial legislation specifically on hydraulic fracturing and the oil and gas industry is not required by federal or provincial law to publicly disclose chemical formulas of hydraulic fracturing fluids so that this information is publicly available for health and safety purposes;
AND WHEREAS concerns have been raised regarding the safety of effectively processing waste waters from hydrofracking operations;
AND WHEREAS while communities in the Great Lakes Basin are politically and economically independent, the Basin is in fact one integrated watershed and therefore decisions in one region have the ability to affect other regions as well as the whole Basin;
AND WHEREAS the Great Lakes is a shared commons and public trust and as such requires public consultation and a process that enables communities to be a part of the decision-making process on issues that affect the Great Lakes Basin as a whole;
AND WHEREAS on September 30, 2010, the United Nations Human Rights Council passed Resolution A/HRC/15/L.14 affirming the human right to safe and clean drinking water and sanitation and as such contamination of drinking water by ‘fracking’ fluids is a violation of this and other human rights;
AND WHEREAS being a riverfront community, the wise stewardship of Niagara-on-the-Lake’s water sources involves protection of our water supplies and water sources for generations to come;
AND WHEREAS protection of Niagara-on-the-Lake’s water supplies and resources is better accomplished by prevention of contamination and environmental degradation, rather than attempting to clean up contamination and restoring degraded environments after the fact.
THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Niagara-on-the-Lake calls for a dialogue between various levels of governments in the United States and Canada as well as First Nations and Native American governments on impacts of hydraulic fracturing in the Great Lakes Basin and treating ‘fracking’ wastewater in private or municipal wastewater treatment systems in the Great Lakes Basin; and,
Page 21 - October 31, 2011 Council Minutes
a) THAT the Council of the Corporation of the Town of Niagara-on-the-Lake supports a province-wide and national moratorium on hydraulic fracturing and the treatment of the by-products of hydraulic fracturing within the Great Lakes Basin until a robust public discussion has occurred with full consideration of the human and environmental impacts; and,
b) THAT the Corporation of the Town of Niagara-on-the-Lake respectfully requests the support of the Regional Municipality of Niagara and local Area Municipalities in this regard; and,
c) THAT this Resolution be circulated to the Association of Municipalities of Ontario for support by Ontario Municipalities, the Great Lakes & St. Lawrence Cities Initiative, MPP Kim Craitor, MP Rob Nicholson, MPP Jim Bradley, Ontario’s Minister of the Environment, MP Peter Kent, Canada's Minister of the Environment, National Chief Shawn Atleo, Assembly of First Nations, the City of Niagara Falls, NY, and the Niagara Falls NY Water Board. APPROVED.
12. Moved by Councillor Jim Collard, seconded by Councillor Terry Flynn, that leave be given to introduce By-law No. 4504-11 and that the same be considered read a first and second time. APPROVED.
13. Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that leave be given to introduce By-law No. 4504-11, and that the same having been read a first and second time, be now considered read a third time and passed, any ruling of this Council to the contrary notwithstanding. APPROVED.
14. Moved by Councillor Dennis Dick, seconded by Councillor Jamie King that this Council adjourn to the next regular meeting to be held November 21, 2011 and if a special meeting is required, it will be held at the call of the Lord Mayor. APPROVED.
VERBAL MOTIONS:
1. Moved by Councillor Terry Flynn, seconded by Councillor Andrea Kaiser that the agenda be adopted as presented and amended by adding additional items as noted. APPROVED.
ADJOURNMENT: 09:34 PM |
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