| |
PRESENT:
Lord Mayor Betty Disero, Councillors: Gary Burroughs, Norm Arsenault, Al Bisback, Clare Cameron, Wendy Cheropita, Stuart McCormack, Erwin Wiens, John Wiens
REGRETS:
STAFF:
Holly Dowd Chief Administrative Officer
Peter Todd Town Clerk
Victoria Butters Deputy Clerk
Craig Larmour Director Community & Development
Sheldon Randall Director Operations Services
Kyle Freeborn Treasurer, Director Corporate Services (A)
OTHERS:
MEDIA:
Suzanne Mason St. Catharines Standard
Dariya Baiguzhiyeva The Lake Report
CALL TO ORDER:
Lord Mayor Betty Disero called the meeting to order at 6:02 p.m.
FOCUS STATEMENT:
Councillor Norm Arsenault opened the meeting with the focus statement.
O'CANADA:
Councillor Clare Cameron introduced the Niagara-on-the-Lake Ukesters who opened the meeting with the singing of O'Canada.
Councillor Cameron provided background information about the Ukesters and highlighted the organizations that benefit from their donations and performances. Councillor Cameron presented the Ukesters with a certificate in recognition of their outstanding community volunteer work.
ADOPTION OF THE AGENDA:
(New Business Items and Notice of Motions to be introduced)
The following Councillors requested to add items, speak or provide Notice of Motion under New Business:
- Councillor Clare Cameron - Committees and Boards training; Former Virgil Public School
- Councillor Clare Cameron - Add items to the Closed Session - Sections 239(b) personal matters about an identifiable individual, including municipal or local board employees; and (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically property located on John Street E and Charlotte Street
- Councillor Norm Arsenault - Notice of Motion
The Clerk advised of the following meeting updates previously provided to Council:
- Harmony Residents Association presentation
- Staff memo Parks Canada agreement - Fort George site
- Letter from Tom Richardson - Request for information at OP Public Meeting
- Letter from John Mascarin - Concerns raised at COTW Staff Relations Policy
- Updated Appendix A & B Report CS-19-001 Short Term Rental Licences 2019
- Additional Report CAO-001 Request from Regional Council Provincial Review of Regional Government
- Non-agenda delegation request received after deadline
- Information in response to COTW Report OPS-19-004
- Summary Report for Town's Drinking Water Systems
Moved by Councillor Burroughs, seconded by Councillor Norm Arsenault that the agenda be adopted, as amended.
APPROVED.
CONFLICT OF INTEREST:
There were no conflicts of interest declared at this time.
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, April 1, 2019, at 6:00 p.m. The next Council Meeting is scheduled for Monday, April 8, 2019, at 6:00 p.m.
All delegation requests will be reviewed by the Clerk and included whenever possible. The deadline for non-agenda delegation requests is no later than 12:00 p.m. on the Thursday prior to the COTW or Council meeting and for delegations wishing to speak to a staff report listed on a published agenda submissions must be received by 12:00 p.m. on the day of the scheduled 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:
(1) Council Meeting Minutes dated February 11, 2019
-resolution #1, APPROVED FEBRUARY 11, 2019 COUNCIL MEETING MINUTES.
DELEGATIONS:
(1) Brock Sansom, 17 St. Andrews Lane
Retention of Waste Water Treatment Plant Ponds
Presentation
Brock Sansom and John Boot came forward on behalf of the Harmony Residents Group to speak to Niagara Natural Heritage Park. The presenters referred to an electronic presentation and highlighted the following:
- Reclaiming the Waste Treatment Lagoons
- Harmony Residents Group Recommended Lagoon
- Request for support of the Harmony Proposal and send Parks Canada a letter of endorsement letting them know of their support
The presenters answered questions of Council and Lord Mayor Betty Disero thanked them for coming forward.
RESPONSE TO DELEGATIONS FROM COUNCIL:
(1) Retention of Waste Water Treatment Plant Ponds
Moved by Councillor John Wiens, seconded by Councillor Gary Burroughs that Council support the presentation received from the Harmony Residents Group, and forward a letter of support to Parks Canada and the Niagara Region, for restoration of both lagoons, and copy the Harmony Residents Group.
COMMITTEE REPORTS:
(1) Committee of the Whole Meeting Minutes - February 25, 2019
- resolution #2, APPROVED FEBRUARY 25, 2019 COMMITTEE OF THE WHOLE MEETING MINUTES.
(2) Committee of the Whole Meeting Minutes - March 4, 2019
The following reports were lifted for discussion and voted on separately:
Report CDS-19-004 By-law to Regulate the Destruction or Injuring of Trees on Private Property in the Urban Areas
Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that Schedule C of the proposed by-law be amended to include the following trees, in accordance with the Ontario Tree Atlas for Southwest Region 7E-3:
- Alternate-Leaf Dogwood
- American Beech
- American Chestnut
- American Elm
- American Mountain-Ash
- Balsam Poplar
- Basswood
- Bitternut Hickory
- Black Ash
- Black Cherry
- Black Oak
- Black Walnut
- Black Willow
- Blur-Beech
- Bur Oak
- Butternut
- Cherry Birch
- Chokecherry
- Eastern Hemlock
- Eastern Redcedar
- Eastern White Cedar
- Eastern White Pine
- Green/Red Ash
- Hawthorn
|
- Ironwood
- Largetooth Aspen
- Northern Hackberry
- Pawpaw
- Peachleaf Willow
- Pin Cherry
- Pin Oak
- Red Maple
- Red Mulberry
- Red Oak
- Sassafras
- Serviceberries
- Shagbark Hickory
- Silver Maple
- Sugar Maple
- Swamp White Oak
- Sycamore
- Tamarack
- Trembling Aspen
- Tulip Tree
- White Ash
- White Birch
- White Oak
- Yellow Birch
|
AND that Schedule C of the proposed by-law be amended to allow for replanting of the following additional trees in the Chautauqua area only:
- Shellbark Hickory
- Northern Catalpa
- White Pine
- White Spruce
- Scarlet Oak
- Columar Oak
AND that Chokecherry and Hawthorn be removed from the list of nuisance trees.
-resolution #3, APPROVED, AS AMENDED.
Moved by Councillor Clare Cameron, seconded by Councillor Gary Burroughs that staff be directed to develop and implement a multi-channel communications plan, utilizing the Town's website, Join the Conversation, social media and an in-person open house, to explain the By-law to Regulate the Destruction or Injuring of Trees on Private Property in the Urban Areas using plain language, and answer frequently asked questions including but not limited to:
- Regular maintenance and pruning
- Removal of sick, dying or dead trees
- Removal of trees for health and safety reasons
- Permit process and associated fees
- When an arborist is required, and associated fees
- Removal of nuisance and weed trees
- Species recommended for new planting
AND
- By-law 5139-19 Trees on Private Property in Urban Areas: Part V - Permit Exemptions; and Schedule "B" Fees
- Tree removal costs
- Healthy tree removal established process and fees
- September staff update to Council
-resolution #4, APPROVED.
Report CDS-19-004 By-law to Regulate the Destruction or Injuring of Trees on Private Property in the Urban Areas, was voted on, as amended, and approved.
Report OPS-19-005 Community Centre Cafe Lease
Moved by Councillor Clare Cameron, seconded by Councillor Wendy Cheropita that the Community Centre Cafe Lease agreement be put on hold, until the completion of the appeal process with MPAC.
DEFEATED.
Report OPS-19-005 Community Centre Cafe Lease was voted on and approved.
Report CS-19-011 Short Term Rental Licenses - 2019
Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault that Report CS-19-011 Short Term Rental Licenses - 2019 Appendix A and Appendix B be replaced with the updated Appendix A and Appendix B previously emailed to Council.
APPROVED.
Moved by Councillor Al Bisback, seconded by Councillor Gary Burroughs that staff be directed to contact those that have expired insurance and notify that if the Town does not receive the insurance within 30 days the license will be revoked; and Notify them of the decision of Council and that if we do not receive the renewed insurance the license will be revoked.
APPROVED.
Report CS-19-011 Short Term Rental Licenses - 2019 was voted on, as amended, and approved.
The balance of the March 4, 2019 Committee of the Whole Meeting minutes was voted on and approved.
-resolution #5, APPROVED, AS AMENDED, MARCH 4, 2019 COMMITTEE OF THE WHOLE MEETING MINUTES.
(3) Municipal Heritage Committee Meeting Minutes dated February 19, 2019
-resolution #6, APPROVED FEBRUARY 19, 2019 MUNICIPAL HERITAGE COMMITTEE MEETING MINUTES.
(4) CAO-19-001-Request from Regional Council Provincial Review of Regional Government
-resolution #7, APPROVED RECOMMENDATIONS REPORT CAO-19-001.
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)
4308AA-19- A by-law to amend By-law 4308-09, as amended, being a by-law regulating traffic and Parking on Town Roads; and to amend the following Schedule: "W" Speed Limits On Highways
4691A-19- A by-law to amend by-law 4691-13 being a by-law to authorize the Lord Mayor and Town Clerk to execute a lease agreement between The Corporation of the Town of Niagara-on-the-Lake and Sweets and Swirls Cafe (Community Centre)
5134-19- 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 Four Mile Creek Road (Pleasant Manor Land Transfer)
5135-19- A by-law to enact a Corporate Policy - Pregnancy And/Or Parental Leave For Members of Council - for The Corporation of the Town of Niagara-on-the-Lake
5136-19- A by-law to delegate Council's powers and duties as per section 23 of the Municipal Act
5137-19- A by-law to authorize the Lord Mayor and Town Clerk to execute and agreement between The Corporation of the Town of Niagara-on-the-Lake and Niagara-on-the-Lake Hydro Inc. (Transformer Loan)
5138-19- A by-law to authorize the Lord Mayor and Town Clerk to execute and agreement between The Corporation of the Town of Niagara-on-the-Lake and Niagara-on-the-Lake Hydro Inc. (Capital Works Loan)
5139-19- as amended report CDS-19-004, A by-law to regulate the destruction or injuring of trees on private property in the urban areas of the Town of Niagara-on-the-Lake and repeal By-law 5106-19
5140-19- A by-law to authorize the Lord Mayor and Town Clerk to execute an agreement between The Corporation of the Town of Niagara-on-the-Lake and Her Majesty the Queen in right of Canada represented by the Minister of the Environment for the purposes of Parks Canada Agency (Licence of Occupancy - Parks Canada parking former Hospital Site 1 year term commencing April 1, 2019)
5141-19- A by-law to authorize the Lord Mayor and Town Clerk to execute an agreement between The Corporation of the Town of Niagara-on-the-Lake and Her Majesty the Queen in right of Canada represented by the Minister of the Environment for the purposes of Parks Canada Agency (Licence of Occupancy - Parks Canada use of Fort George Tour Bus Parking Lot 1 year term commencing April 1, 2019
Councillor Stuart McCormack requested that By-law 5136-19 be lifted for discussion and voted on separately.
Moved by Councillor Stuart McCormack, seconded by Councillor Norm Arsenault that By-law 5136-19 to delegate Council's powers and duties as per section 23 of the Municipal Act be referred to staff for more information.
APPROVED.
Councillor Stuart McCormack requested that By-laws 5140-19 and 5141-19 be lifted for discussion and voted on separately.
Moved by Councillor Stuart McCormack, seconded by Councillor Norm Arsenault that staff be instructed to request that it insert a new article in the License of Occupation as follows:
“In no event shall Licensee’s liability or obligations pursuant to Article 6 and 14.01 exceed the Licensee's share of the Gross Revenue received pursuant to this Agreement”;
And that in section 7.01
It be amended to read “It shall maintain or cause to be maintained the Land including any Structures thereon in a good state of maintenance and repair consistent with the standard they existed in on April 1, 2019”;
And in the event these requests are not accepted the Agreements be accepted in their current form.
APPROVED.
The balance of by-laws were voted on for three readings and approved.
-resolution #8, BY-LAWS, AS AMENDED, RECEIVED THREE READINGS.
CORRESPONDENCE AND MOTIONS:
Clerk to read resolution
1. The following resolution(s) be adopted:
(a) Councillor Wendy Cheropita
2019 - 2022 Strategic Planning Process
Moved by Councillor Wendy Cheropita, seconded by Councillor Gary Burroughs that under section 2.2 of the Town's Procedure By-law, the rules be temporarily suspended in order to allow for the reconsideration of a previous decision to amend report CS-19-007 made at the February 11, 2019 meeting, to be approved by a two-third majority of Council.
APPROVED.
Moved by Councillor Clare Cameron, seconded by Councillor Gary Burroughs that Councillor Wendy Cheropita (Chair) and Councillor Al Bisback be appointed to the 2019-2022 Strategic Plan sub-committee.
APPROVED.
-resolution #9, APPROVED, AS AMENDED.
(b) Lord Mayor Betty Disero
Town Council Work Plan - 2019 Work Plan Presentation
-resolution #10, APPROVED.
(c) Lord Mayor Betty Disero
Audit Committee
-resolution #11, APPROVED.
(d) Lord Mayor Betty Disero
Community Centre Seniors Daytime Auditorium Rates
-resolution #12, APPROVED.
(e) Lord Mayor Betty Disero
Infill Construction By-law
Moved by Councillor Stuart McCormack, seconded by Councillor Erwin Wiens that the motion be amended as follows:
WHEREAS it is in the interest of this Council to develop Official Plan policies and Zoning By-law provisions addressing infill development;
AND WHEREAS the City of Markham Official Plan and Zoning By-laws contain such policies and provisions;
BE IT RESOLVED that Council direct staff to develop Official Plan policies and Zoning By-law provisions for infill development based on the City of Markham’s established approach and forward to Council for consideration.
APPROVED.
-resolution #13, APPROVED, AS AMENDED.
(f) Councillor Norm Arsenault
Purchase Order System
-resolution #14, APPROVED.
(g) Councillor Norm Arsenault
Review of Fence and Zoning By-law
-resolution #15, APPROVED.
(h) Councillor Norm Arsenault
Speed on Various Roads
Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs that the proposed motion Speed on Various Roads speed limit changes be referred to the Transportation Committee for comment; and that the cost of signage be included.
APPROVED.
-resolution #16, APPROVED, AS AMENDED.
(i) Councillor Gary Burroughs
Town Official Plan Comments
-resolution #17, APPROVED.
(j) Councillor John Wiens
Waste Water Treatment Plan Ponds Lakeshore Road
-resolution #18, APPROVED.
(k) Councillor Stuart McCormack
Regional Governance Review
-resolution #19, APPROVED.
(l) Councillor Stuart McCormack
Audit Committee
-resolution #20, APPROVED.
(m) Councillor Stuart McCormack
Library Board Appointments
-resolution #21,..APPROVED.
(n) Councillor Clare Cameron
Grape and Tender Fruit Lands
-resolution #22, APPROVED.
2. Information Package(s)
Councillor Gary Burroughs requested that Item 1. Pillar and Post Gardens Development - Street Lighting of the March 7, 2019 Information Package, be lifted for discussion.
Moved by Councillor Clare Cameroon, seconded by Councillor Al Bisback that staff provide a further information report indicating which fixture has been selected by the applicant and when that report is prepared that it be provided to the Municipal Heritage Committee and Urban Design Committee for comment.
APPROVED.
Council spoke to the following:
- Item 12. Niagara Region re Niagara Peninsula Conservation Authority Appointments
- Item 3. 2014 Water Rate Study Questions
-resolution #23, RECEIVED MARCH 7, 2019 INFORMATION PACKAGE FOR INFORMATION.
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."
Councillor Norm Arsenault - Notice of Motion regarding Municipal Accommodation Tax
Councillor Clare Cameron - Notice of Motion regarding Committees Training
Councillor Clare Cameron - Notice of Motion regarding former Virgil Public School
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.
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:
There were no Lord Mayor's announcements and remarks at this meeting.
MEMBERS' ANNOUNCEMENT:
Announcement of special functions Council attended and upcoming Community events
Councillor Gary Burroughs provided an update with regard to the Niagara Historical Museum's musical event.
CLOSED SESSION:
Clerk to read resolution
The Municipal Act 2001, as amended,
- 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically property on Wellington Street; and
- Sections 239(b) personal matters about an identifiable individual, including municipal or local board employees; and
- Section 239(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically property located on John Street East and Charlotte Street
At 9:38 p.m. the following motion was read in open session:
Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically property on Wellington Street; and
- Sections 239(b) personal matters about an identifiable individual, including municipal or local board employees; and
- Section 239(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically property located on John Street East and Charlotte Street.
APPROVED resolution #24).
At 10:30 p.m. the following motion was read in open session:
Moved by Councillor Gary Burroughs, seconded by Councillor Stuart McCormack that the meeting be extended to 11:00 p.m.
APPROVED.
At 10:59 p.m. the following motion was read in open session:
Moved by Councillor Gary Burroughs, seconded by Councillor Wendy Cheropita that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended
- 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically property on Wellington Street; and
- Sections 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically property located on John Street East and Charlotte Street, with no report.
APPROVED (resolution #25).
PROCEEDINGS BY-LAW:
Clerk to read resolution for reading of by-law
5142-19- A by-law to confirm the proceedings at the Council Meeting of The Corporation of the Town of Niagara-on-the-Lake on March 11, 2019
-resolution #26, BY-LAW RECEIVED THREE READINGS.
RESOLUTIONS:
1. Moved by Councillor Gary Burroughs, seconded by Councillor Stuart McCormack that the minutes of the Council Meeting held February 11, 2019 be adopted.
APPROVED.
2. Moved by Councillor Stuart McCormack, seconded by Councillor Norm Arsenault that the Minutes and Report of the February 25, 2019 Committee of the Whole Meeting be adopted.
APPROVED.
3. Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that Schedule C of the proposed by-law be amended to include the following trees, in accordance with the Ontario Tree Atlas for Southwest Region 7E-3:
- Alternate-Leaf Dogwood
- American Beech
- American Chestnut
- American Elm
- American Mountain-Ash
- Balsam Poplar
- Basswood
- Bitternut Hickory
- Black Ash
- Black Cherry
- Black Oak
- Black Walnut
- Black Willow
- Blur-Beech
- Bur Oak
- Butternut
- Cherry Birch
- Chokecherry
- Eastern Hemlock
- Eastern Redcedar
- Eastern White Cedar
- Eastern White Pine
- Green/Red Ash
- Hawthorn
|
- Ironwood
- Largetooth Aspen
- Northern Hackberry
- Pawpaw
- Peachleaf Willow
- Pin Cherry
- Pin Oak
- Red Maple
- Red Mulberry
- Red Oak
- Sassafras
- Serviceberries
- Shagbark Hickory
- Silver Maple
- Sugar Maple
- Swamp White Oak
- Sycamore
- Tamarack
- Trembling Aspen
- Tulip Tree
- White Ash
- White Birch
- White Oak
- Yellow Birch
|
AND that Schedule C of the proposed by-law be amended to allow for replanting of the following additional trees in the Chautauqua area only:
- Shellbark Hickory
- Northern Catalpa
- White Pine
- White Spruce
- Scarlet Oak
- Columar Oak
AND that Chokecherry and Hawthorn be removed from the list of nuisance trees.
APPROVED, AS AMENDED.
4. Moved by Councillor Clare Cameron, seconded by Councillor Gary Burroughs that staff be directed to develop and implement a multi-channel communications plan, utilizing the Town's website, Join the Conversation, social media and an in-person open house, to explain the By-law to Regulate the Destruction or Injuring of Trees on Private Property in the Urban Areas using plain language, and answer frequently asked questions including but not limited to:
- Regular maintenance and pruning
- Removal of sick, dying or dead trees
- Removal of trees for health and safety reasons
- Permit process and associated fees
- When an arborist is required, and associated fees
- Removal of nuisance and weed trees
- Species recommended for new planting
AND use Councillor Arsenault's recent email as reference:
- By-law 5139-19 Trees on Private Property in Urban Areas: Part V - Permit Exemptions; and Schedule "B" Fees
- Tree removal costs
- Healthy tree removal established process and fees
- September staff update to Council
APPROVED.
5. Moved by Councillor Stuart McCormack, seconded by Councillor Al Bisback that the Minutes and Report of the March 4, 2019 Committee of the Whole Meeting be adopted, as amended.
APPROVED, AS AMENDED.
6. Moved by Councillor Norm Arsenault, seconded by Councillor John Wiens that the Municipal Heritage Committee Meeting Minutes held February 19, 2019 be adopted.
APPROVED.
7. Moved by Councillor Norm Arsenault, seconded by Councillor John Wiens
THAT the recommendations contained in Chief Administrative Officer Report CAO-19-001 be adopted to include:
1.1 That the correspondence attached to this report, from the Regional Clerk dated March 8, 2019 regarding Provincial Review of Regional Government, be received;
1.2 That the Council of the Town of Niagara-on-the-Lake support the request from Regional Council "that the Region undertake the procurement of and facilitation for finances to hire a Government Relations/Communications firm to advise the 13 municipalities on government relations, public polling and communications in regard to the provincial government review of regional government".
APPROVED.
8. Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law Nos. 4308AA-19, 4691A-19, 5134-19, 5135-19, 5136-19 referred back to staff, 5137-19, 5138-19, 5139-19 as amended, 5140-19, and 5141-19 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, AS AMENDED.
9. Moved by Councillor Wendy Cheropita, seconded by Councillor Gary Burroughs
BE IT RESOLVED that under section 2.2 of the Town’s Procedure By-law, the rules be temporarily suspended in order to allow for the reconsideration of a previous decision to defeat amend report CS-19-007 made at the February 11, 2019, meeting to be approved by a two-third majority of Council.
*IF THE ABOVE MOTION IS APPROVED, COUNCIL WILL CONSIDER THE FOLLOWING:
WHEREAS a Strategic Plan provides Council an opportunity to define its priorities, outcomes, and direction to be achieved by the municipality over a defined timeline;
AND WHEREAS a Strategic Plan provides Council and Staff with a common focus to be pursued over the term of the plan;
AND WHEREAS it is in the interest of this Council that the development of a Strategic Plan not be delayed any further;
AND WHEREAS the proposal from 2WA fits the Town’s needs, and the organization has been highly recommended by other municipalities in the region;
AND FURTHER BE IT RESOLVED that Council accept the proposal from 2WA Consulting to develop a strategic plan 2018 – 2022.
AND FURTHER that Council appoint a sub-committee of no more than 3 Councillors to work with staff to guide the process of the strategic plan and provide updates to Council, as required; and
THAT Councillor Wendy Cheropita (Chair) and Councillor Gary Burroughs be appointed to the Sub-Committee.
APPROVED, AS AMENDED.
10. Moved by Councillor Wendy Cheropita, seconded by Councillor Stuart McCormack
BE IT RESOLVED that Council endorse the attached 2019 Council Work Plan to commence immediately;
AND FURTHER that the Work Plan be posted on the Town’s website;
AND FURTHER that the Work Plan be amended from time to time as required.
APPROVED.
11. Moved by Councillor Erwin Wiens, seconded by Councillor Stuart McCormack
BE IT RESOLVED that Councillor Norm Arsenault and Councillor Gary Burroughs be appointed to the Town's Audit Committee.
APPROVED.
12. Moved by Councillor Stuart McCormack, seconded by Councillor Gary Burroughs
BE IT RESOLVED that the Senior’s Daytime Auditorium Rate at the Niagara-on-the-Lake Community Centre be reduced from $9.50 to $6.68 (based on an increase of 2.7 percent cost of living previously used by Council).
13. Moved by Councillor Stuart McCormack, seconded by Councillor Erwin Wiens
WHEREAS it is in the interest of this Council to develop an ‘Infill Construction By-law’ to regulate construction nuisance; dust, noise, working hours;
AND WHEREAS the City of Markham approved By-law 2018-77, attached, being a Bylaw to address Infill Construction activities.
BE IT RESOLVED that Council direct staff to develop an ‘Infill Construction By-law’ based on the City of Markham’s By-law and forward to Council for consideration.
WHEREAS it is in the interest of this Council to develop Official Plan policies and Zoning By-law provisions addressing infill development;
AND WHEREAS the City of Markham Official Plan and Zoning By-laws contain such policies and provisions;
BE IT RESOLVED that Council direct staff to develop Official Plan policies and Zoning By-law provisions for infill development based on the City of Markham’s established approach and forward to Council for consideration.
APPROVED, AS AMENDED.
14. Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback
WHEREAS Section 270(1)(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, requires all municipalities to adopt and maintain a policy with respect to the procurement of goods and services;
AND WHEREAS By-law 4701A-18 is a policy for the procurement of goods and services for The Corporation of the Town of Niagara-on-the-Lake;
AND WHEREAS the goals, and objectives of this policy are:
(a) To set out guidelines for the Town to ensure the most cost-effective methods are used for the acquisition of goods and services for all operations; and
(b) To ensure the prices paid for goods and services make optimum use of resources and will best serve the interests of the Corporation and through it, the residents of the Town; and,
(c) To maximize openness, accountability, and transparency throughout the procurement process.
THEREFORE BE IT RESOLVED that Council direct staff to prepare a report to be presented to the Audit Committee involving the cost and benefits of introducing a purchase order system to The Corporation of the Town of Niagara-on-the-Lake. The report is to include a comparison of the as is process versus what a purchase order process could look like in comparison.
APPROVED.
15. Moved by Councillor Norm Arsenault, seconded by Councillor Wendy Cheropita
WHEREAS it has been brought to the attention of Council that sections of the Town’s Fence and the Zoning By-law may be in contradiction to one another;
AND WHEREAS there may be additional areas of Town By-laws which contradict or have the potential to contradict each other.
THEREFORE BE IT RESOLVED that Council direct staff to review both by-laws in order to identify potential conflicts and report back to Council with recommendations to remove the conflicts, if any.
APPROVED.
16. Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs
WHEREAS residents on Line 3 Rd between Concession 7 Rd and Townline Rd have indicated serious concern to the safety of their children due to excessive speed on the gravel road facing the residential properties on this section of Line 3 Rd;
AND WHEREAS residents of Line 1 Rd between Concession 4 Rd and Concession 2 Rd have indicated their concern about excessive speed in this section of Line 1 Rd being an area with multiple residential residences and heavy commercial traffic;
AND WHEREAS Niagara Regional Police have indicated their concern with excessive speed between Queenston Rd and York Rd, a residential area and commercial area.
NOW THEREFORE BE IT RESOLVED that the 80km per hour speed limit signs on Line 3 Rd, a gravel road, between Niagara Stone Rd and Townline Rd be reduced to 60 km per hour;
AND FURTHER that the 80km per hour speed limit signs on Line 1 Rd between Concession 4 Rd and Concession 2 Rd be reduced to 60km per hour;
AND FURTHER that the 60km per hour speed limit signs on Airport Rd between Queenston Rd and York Rd be reduced to 50km per hour;
AND FURTHER that staff identify all gravel road portions of concessions and lines and any speed limits greater than 60 kms per hour be reduced to 60kms per hour;
AND FURTHER that the changes to the necessary Town by-laws be made to reflect the reductions;
AND FURTHER that the signs be installed as soon as possible due to raised safety concerns.
AND THAT the proposed motion Speed on Various Roads speed limit changes be referred to the Transportation Committee for comment; and that the cost of signage be included.
APPROVED, AS AMENDED.
17. Moved by Councillor Gary Burroughs, seconded by Councillor Stuart McCormack
WHEREAS the Town is currently reviewing the Town’s Official Plan;
AND WHEREAS a preamble is permitted in the Introduction to the Official Plan;
AND WHEREAS the Town will prepare an Official Plan document which is clear for all readers of the document (residents, developers, and others).
THEREFORE BE IT RESOLVED that in preparation of the Town’s Official Plan staff be directed to take consideration to the following:
• Developing a preamble which includes the Town’s interpretation of the current status of the position of the Town as it relates to the Provincial Growth Plan, and our requirements for “intensification”, as well as our current understanding of the definition of the general definition of “minor variance” to be considered in the review of the Official Plan.
• Advise the Niagara Region to correct the mapping, specifically for the property located at 1014 Queenston Road, in order to reflect what is currently on the property, from a wood lot to specialty agriculture.
• That a note be included in the new Official Plan, under Dock Area Secondary Plan, that the Secondary Plan included is outdated, and will be updated as soon as the new Dock Area Secondary Plan is completed.
APPROVED.
18. Moved by Councillor John Wiens, seconded by Councillor Gary Burroughs
BE IT RESOLVED that Council provide a request to Parks Canada, and Niagara Region, to hold an additional Public Meeting regarding decommissioning of Sewer Treatment Ponds located on Lakeshore Road.
APPROVED.
19. Moved by Councillor Stuart McCormack, seconded by Councillor Wendy Cheropita that Council appoint a committee to formulate a response from Council to the review by the Province of the Niagara Regional government and that such committee have regard to the following:
I. the Terms of Reference of the Province’s special advisers
(https://www.ontario.ca/page/regional-government-review#tor)
II. seeing if there are common areas of interest between the Town and other Towns, businesses and associations, of like mind; and
III. the initial draft resolution attached in formulating the response from Council;
And appoint: Councillor Stuart McCormack, Councillor Gary Burroughs, and Lord Mayor Betty Disero.
APPROVED.
20. Moved by Councillor Stuart McCormack, seconded by Councillor Al Bisback
BE IT RESOLVED that the Audit Committee, in formulating its Terms of Reference, consider the attached draft terms which are based on the Terms of Reference for the York Region Audit Committee.
21. Moved by Councillor Stuart McCormack, seconded by Councillor Al Bisback
WHEREAS Niagara-on-the-Lake Public Library Board unanimously approved converting the status of the interim Chair David Hunter of the Library Planned Giving Committee to Chair;
AND WHEREAS the Niagara-on-the-Lake Public Library Board requested the appointment of David Hunter to the Board.
THEREFORE BE IT RESOLVED that David Hunter be appointed to the Niagara-on-the-Lake Public Library Board.
APPROVED.
22. Moved by Councillor Clare Cameron, seconded by Councillor John Wiens
WHEREAS the Province of Ontario is currently overseeing a new Ontario Tourism Strategy, the Growth Plan for the Greater Golden Horseshoe, and a Regional Governance Review;
WHEREAS each of these matters are of significant interest to the Town of Niagara-on-the-Lake;
WHEREAS tourism, growth and regional governance in Niagara-on-the-Lake all relate in some way to the use and management of agricultural lands, via agri-tourism - culinary tourism; land use planning; zoning and the current delivery of rural services in a two-tier municipal structure;
WHEREAS the farmland located in the municipalities of Niagara-on-the-Lake, St. Catharines, Lincoln and Grimsby are exceptional in quality and represent a tremendously valuable asset, which accounts for an approximate return of $100 million to the area each year through grape growing and tender fruit production;1
WHEREAS gross farm receipts in Niagara-on-the-Lake totalled over $169 million and net revenues totalled $30.8 million in 2016;2
WHEREAS the GDP and employment impact of agriculture in Niagara are both trending upwards, representing $1.41 billion and 19,892 jobs respectively - additional statistic $2.2 billion;3
AND WHEREAS the economic enterprise of farming requires adequate acreage of suitable lands on which to occur.
THEREFORE BE IT RESOLVED that the Council of the Town of Niagara-on-the-Lake respectfully requests that the Province of Ontario give careful consideration to the fundamental and economic value of Niagara’s grape growing and tender fruit lands in development of a Tourism Strategy, Growth Plan for the Greater Golden Horseshoe, and Regional Governance Review.
APPROVED.
23. Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs that Council receive the March 7, 2019 Information Package for information.
APPROVED.
24. Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically property on Wellington Street; and
- Sections 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically property located on John Street East and Charlotte Street.
APPROVED.
25. Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically property on Wellington Street; and
- Sections 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically property located on John Street East and Charlotte Street, with no report.
APPROVED.
26. Moved by Councillor Stuart McCormack, seconded by Councillor Clare Cameron that leave be given to introduce By-law No. 5142-19, 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.
27. Moved by Councillor John Wiens, seconded by Councillor Erwin Wiens that this Council adjourn to the next regular meeting to be held April 8, 2019 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 Burroughs, seconded by Councillor Norm Arsenault that the agenda be adopted, as amended.
2. Moved by Councillor John Wiens, seconded by Councillor Gary Burroughs that Council support the presentation received from the Harmony Residents Group, and forward a letter of support to Parks Canada and the Niagara Region, for restoration of both lagoons, and copy the Harmony Residents Group.
3. Moved by Councillor Clare Cameron, seconded by Councillor Wendy Cheropita that Community Centre Cafe Lease agreement be put on hold, until the completion of the appeal process with MPAC.
4. Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault that Report CS-19-11 Short Term Rental Licenses - 2019 Appendix A and Appendix B be replaced with the updated Appendix A and Appendix B previously emailed to Council.
5. Moved by Councillor Al Bisback, seconded by Councillor Gary Burroughs that staff be directed to contact those that have expired insurance and notify that if the Town does not receive the insurance within 30 days the license will be revoked; and Notify them of the decision of Council and that if we do not receive the renewed insurance the license will be revoked.
6. Moved by Councillor Stuart McCormack, seconded by Councillor Norm Arsenault that By-law 5136-19 to delegate Council's powers and duties as per section 23 of the Municipal Act be referred to staff for more information.
APPROVED.
7. Moved by Councillor Stuart McCormack, seconded by Councillor Norm Arsenault that staff be instructed to request that it insert a new article in the License of Occupation as follows:
“In no event shall Licensee’s liability or obligations pursuant to Article 6 and 14.01 exceed the Licensee's share of the Gross Revenue received pursuant to this Agreement”
And that in section 7.01
It be amended to read “It shall maintain or cause to be maintained the Land including any Structures thereon in a good state of maintenance and repair consistent with the standard they existed in on April 1, 2019”;
And in the event these requests are not accepted the Agreements be accepted in their current form.
APPROVED.
8. Moved by Councillor Wendy Cheropita, seconded by Councillor Gary Burroughs that under section 2.2 of the Town's Procedure By-law, the rules be temporarily suspended in order to allow for the reconsideration of a previous decision to amend report CS-19-007 made at the February 11, 2019 meeting, to be approved by a two-third majority of Council.
9. Moved by Councillor Clare Cameron, seconded by Councillor Gary Burroughs that Councillor Wendy Cheropita (Chair) and Councillor Al Bisback be appointed to the 2019-2022 Strategic Plan sub-committee.
10. Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs that the proposed motion Speed on Various Roads speed limit changes be referred to the Transportation Committee for comment; and that the cost of signage be included.
11 Moved by Councillor Clare Cameroon, seconded by Councillor Al Bisback that staff provide a further information report indicating which fixture has been selected by the applicant and when that report is prepared that it be provided to the Municipal Heritage Committee and Urban Design Committee for comment.
APPROVED.
12 Moved by Councillor Gary Burroughs, seconded by Councillor Stuart McCormack that the meeting be extended to 11:00 p.m.
ADJOURNMENT: 11:00 PM |
|
|