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CALL TO ORDER:
FOCUS STATEMENT:
Councillor Jamie King
O'CANADA:
The Lord Mayor requests Council, staff and those present to sing O'Canada.
ADOPTION OF THE AGENDA:
(New Business Items and Notice of Motions to be introduced)
A mover and a seconder are required to adopt the agenda as presented.
CONFLICT OF INTEREST:
Council members declare their conflicts of interest.
Councillor John Wiens previously declared a conflict of interest with Report CDS-17-065 - 5524 Regent Street & 535 King Street (Pillar & Post) - Application for Site Plan Approval, of the November 6, 2017 Community & Development Advisory Committee Meeting minutes, as his business operates a similar use.
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:
MEMBERS' ANNOUNCEMENT:
Announcement of special functions Council attended and upcoming Community events
NEXT COMMITTEE OF THE WHOLE AND COUNCIL MEETING DATES:
(Clerk to announce the dates)
The next meeting for Public Meetings under the Planning Act is scheduled for Monday, November 27, 2017 at 5:00 p.m..The next Committee of the Whole meeting is scheduled for Monday, December 4, 2017 at 6:00 p.m. The next Council Meeting is scheduled for Monday, December 11, 2017, 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.
PLEASE BE ADVISED THAT THIS MEETING COULD BE BROADCASTED LIVE
MINUTES:
Clerk to read the resolution to adopt minutes
(1) Council Meeting Minutes dated October 16, 2017.
 Council Meeting Minutes, October 16, 2017.pdf
DELEGATIONS:
At Clerk's discretion, delegations will be added
Non-Agenda Delegation
(1) NOTL Lakers Minor Provincial Softball Champions Presentation
(2) Canada Sesquicentennial Committee Presentation
(3) Volunteer Recognition Awards
(4) Dominic Ventresca & Cathy Fusco Co-Chairs
Niagara Age-Friendly Network Update
 D Ventresca NAGN Delegation Oct 16-17.pdf Age-Friendly Strategy Presentation to NOTL Nov 13 2017.pdf
Agenda Delegation
(1) Application for Cancellation, Reduction or Refund of Taxes under Section 357 of the Municipal Act, 2001 357 Application
 357 Applications November 13, 2017.pdf
RESPONSE TO DELEGATIONS FROM COUNCIL:
COMMITTEE REPORTS:
(1) Public Community & Development Advisory Committee
Clerk to read the resolution to receive Minutes - October 30, 2017
The Town Clerk advised at 5:00 p.m. there was no quorum and under Council’s Procedural By-law, if there is no quorum by 5:15 p.m., the meeting would be adjourned.
At 5:15 p.m., there was no quorum of the Public Community & Development Advisory Committee. Attendance was taken and the meeting was adjourned.
The Town Clerk advised that the meetings will be rescheduled and that proper notice will be provided.
(2) Community & Development Advisory Committee
Chair Councillor Martin Mazza, Vice Chair Councillor Betty Disero
The following are the recommendations from the November 6, 2017 Community & Development Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CDS-17-065
1.1 The Site Plan Agreement with respect to lands known municipally as 524 Regent Street and 535 King Street (Pillar & Post), attached as Appendix B, together with the Site Plan, Landscape Plan, and Building Elevations attached as Appendix C, be approved.
(b) Report CDS-17-066
1.1 the October 10, 2017 Municipal Heritage Committee minutes (Appendix A to this report) be received; and
1.2 the following apply to the revised drawings for demolition of rear addition and construction of new rear addition at 421 Hunter Road (MHC-17-042A):
1.2.1 the Heritage Committee provide comments on the revised concept proposal for demolition and construction of a new rear addition and that staff provide the applicant with such; and
1.2.2 a Heritage Impact Assessment is provided to better understand the evolution of the structure and the cultural
1.3 the following apply to the installation request of a red and white striped, retractable awning at 37-43 Queen Street (MHC-17-043):
1.3.1 the Heritage Permit Application to install a red and white striped retractable awning not be approved
1.4 the following apply to the installation request of replacement windows and doors as well as re-painting and repairing front façade where necessary at 83 Queen Street (MHC-17-044):
1.4.1 the Heritage Permit Application to replace the wood front doors with replica wood doors of the same dimensions and design be approved; and
1.4.2 re-painting in the existing colours and repairs to the pilasters, trim and marquee on the building be approved; and
1.4.3 the window glazing on the building not be replaced with thermal pane glass but that the existing single-pane wood windows be maintained and repaired in order to be functional except for the side-facing in-set display windows in the front entrance which can be thermal pane and picture windows without the use of muntin bars
1.5 the following apply to the replacement of cedar shingles with asphalt shingles at 209 Queen Street (MHC-17-045):
1.5.1 the Heritage Permit Application to replace the cedar shingles with asphalt shingles not be approved
1.6 the following apply to the restoration request of the existing wood windows at 178 Gate Street (MHC-17-046):
1.6.1 the Heritage Permit Application to restore the existing wood windows be approved
1.7 the following apply to the restoration request at 65 Queen Street, formerly McCrae Hall (MHC-17-048):
1.7.1 the original Heritage Permit H-15-020 for building designs at 65 Queen Street be amended and the approved drawings dated October 10, 2017 replace the previously approved drawings; and
1.7.2 all Hardie Board on the building be installed smooth side out; and
1.7.3 all Azek material (or similar material) be installed with a smooth, matte; and
1.7.4 the pressure treated wood screening for the mechanicals be similar in colour to the asphalt shingles but more detail be provided for the proposed screening; and
1.7.5 staff be enabled to approve minor design changes to the approved if they do not significantly impact the design of the building from the streetscape; and
1.7.6 the applicant return to the Municipal Heritage Committee for a second heritage permit for details pertaining to doors and windows details, colours, lighting, signage, trim and any other details requested by staff; and
1.7.7 wood clapboard be used on the front elevation with a minimum 5 inch exposure, where permitted under the Building Code Act, and that all cement board siding have the same exposure as the wood clapboard siding; and
1.7.8 that there be period appropriate wood sashes and frames with simulated divided lights on the front façade of the building, where permitted under the Building Code Act
1.8 the following apply to the request for comments regarding the proposed revision to the drawings for, which include the construction of two new buildings and the reconstruction of the historic structure at 135 Queen St (MHC-17-049):
1.8.1 the Heritage Committee provides comments on the concept revised drawings for 135 Queen Street.
1.8.2 Planning staff will provide the applicant with a summary of comments.
1.9 the following apply to the request for review of the proposed hotel with underground parking facilities and landscaping impacting 114, 118, 122, 126 Queen Street, 219 Victoria Street, and 115, 117, 119 Johnson Street and 129 Johnson Street and the Official Plan and Zoning By-law Amendments respectively as well as future applications for site plan approval and consent existing attached garage:
1.9.1 the Heritage Impact Assessment submitted be peer-reviewed at the applicant’s cost and that the Heritage Permit Application to facilitate construction of a new hotel with underground parking facilities and landscaping at 114, 118, 122, 126 Queen Street, 219 Victoria Street, and 115, 117, 119 Johnson Street and 129 Johnson Street be refused
1.10 Staff recommend the following recommendation be received that:
1.10.1 Committee turn down the current staff recommendation and request that the fence be rebuilt to conform to the Fence and Drainage By-laws and that a Heritage Permit be applied for, before construction begins
1.11 Staff recommend the following staff recommendation be approved that:
1.11.1 the Heritage Permit Application to demolish the attached garage at 222 Gate Street be refused.
(c) Report CDS-17-067
1.1 this report outlining considerations for a Municipal Tree Protection Policy be received; and
1.2 Council direct Staff to consult with the builder/developer community to determine the impact of implementing a Municipal Tree Protection Policy.
CLERK TO READ RESOLUTION TO ADOPT MINUTES
Moved by Councillor Martin Mazza, seconded by Councillor Betty Disero that the Minutes and Reports of the November 6, 2017 Community & Development Advisory Committee be adopted.
 Community & Development Advisory Committee Minutes.pdf
(3) Operations Advisory Committee
Chair Councillor Jim Collard, Vice Chair Councillor Jamie King
The following are the recommendations from the November 6, 2017 Operations Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report OPS-17-064
1.1 The remaining funds from the Concession 2 Road Resurfacing project be allocated toward the milling and paving of Four Mile Creek Road between East and West Line Road and Hunter Road with base coarse asphalt
(b) Report OPS-17-065
1.1 That Council approve the purchase and installation of TransitFare & Systems integrated, AODA compliant next stop announcement and smart card fare management systems approved in Report OPS-17-014 at an estimated cost of $44,000, with alternate financing in lieu of the withdrawn Public Transit Infrastructure Funding grant
CLERK TO READ RESOLUTION TO ADOPT MINUTES
Moved by Councillor Jim Collard, move, seconded by Councillor Jamie King that the Minutes and Reports of the November 6, 2017 Operations Advisory Committee be adopted.
(4) Corporate Services Advisory Committee
Chair Councillor Maria Bau-Coote, Vice Chair Councillor John Wiens
The following are the recommendations from the November 6, 2017 Corporate Services Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CS-17-031
1.1 That a by-law be prepared, authorizing the Lord Mayor and Town Clerk to execute the contribution agreement, attached to this report, from the Clean Water and Waste Water Fund (CWWF) to proceed with projects outlined in Report OPS-16-042
(b) Report CS-17-032
1.1 The Terms of Reference for the Community Wellness Working Group, attached to this report as Appendix A, be forwarded to Council for approval
(c) Report CS-17-033
1.1 The Terms of Reference for the Young People Working Group, attached to this report as Appendix A, be forwarded to Council for approval; and
1.2 The Terms of Reference for the Lord Mayors' Youth Advisory Council, attached to this report as Appendix B, be forwarded to Council for information
CLERK TO READ RESOLUTION TO ADOPT MINUTES
Moved by Councillor John Wiens, seconded by Councillor John Wiens that the Minutes and Reports of the November 6, 2017 Corporate Services Advisory Committee be adopted.
(6) Finance Advisory Committee Meeting
Chair Councillor Paolo Miele, Vice Chair Lord Mayor Pat Darte
The following are the recommendations from the November 6, 2017 Finance Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report FC-17-010
1.1 The proposed variable rate of $1.3997 per cubic meter (m3) ($1.3471 per m3 in 2017) for water and the proposed variable rate of $1.0823 per m3 ($0.9839 per m3 in 2017) for wastewater be approved and
1.2 The fixed rates for both water and wastewater as set out in the below table be approved; and
Fixed Charge Per Month |
Meter Size | Water | Wastewater |
2017 | 2018 | % Increase | 2017 | 2018 | % Increase |
Up to 3/4" | 23.11 | 23.80 | 3% | 25.55 | 26.32 | 3% |
1" | 32.37 | 33.34 | 3% | 35.76 | 36.83 | 3% |
1.5" | 41.61 | 42.86 | 3% | 45.98 | 47.36 | 3% |
2" | 67.04 | 69.05 | 3% | 73.02 | 75.21 | 3% |
3" | 254.29 | 261.92 | 3% | 280.99 | 289.42 | 3% |
4" | 323.64 | 333.35 | 3% | 357.63 | 368.36 | 3% |
6" | 485.46 | 500.02 | 3% | 536.44 | 552.53 | 3% |
8" | 670.40 | 690.51 | 3% | 740.79 | 763.01 | 3% |
12" | 924.68 | 952.42 | 3% | 1021.80 | 1052.45 | 3% |
1.3 Council direct staff to provide notice to the public of the revised rates; and
1.4 The proposed variable and fixed rates for water and wastewater become effective on January 1, 2018; and
1.5 The necessary by-law be amended to reflect the water and wastewater rates as approved in this report
(b) Report FC-17-011
1.1 Council approve the proposed 2018 user fees and charges (excluding taxes) for:
a) Corporate Services (Appendix A)
b) Fire and Emergency Services (Appendix B)
c) Public Works (Appendix C)
d) Parks and Recreation (Appendix D)
e) Planning Application Fees (Appendix E)
f) Building Fees (Appendix F)
g) Sign Permit and Property Standards (Appendix G)
h) Building Permit Fees (Appendix F)
as outlined in this report and appendices;
1.2 The Proposed 2018 Operating Budget be prepared using the new rates; and
1.3 A by-law be prepared adopting all user fees and charges
(c) Report FC-17-012, as amended
1.1 that a Finance Advisory Committee Meeting be held in the Council Chambers to hear comments from all owners/operators of Hotels/Motels and Short Term Rental Accommodations regarding a proposed tax being implemented on their establishment; and
1.2 that each delegation be allotted no longer than five minutes; and
1.3 that staff report back to Council with comments from the public following the Provincial Regulations being completed
(d) Report FC-17-013
1.1 The second draft of the 2018 Capital and Operating Budgets, as contained in this report, be received;
1.2 The final 2018 Capital and Operating Budgets come forward for approval to the December 4, 2017 Committee of the Whole Meeting; and
1.3 That the balance of $15,215.33 allocated tor the dock area parking lot (Project Number C00380) be transferred from parking reserves to off set operating levy
CLERK TO READ RESOLUTION TO ADOPT MINUTES
Moved by Councillor Paolo Miele, move, seconded by Lord Mayor Pat Darte that the Minutes and Reports of the November 6, 2017 Finance Advisory Committee be adopted.
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)
5011-17- A by-law to authorize a Site Plan Agreement between The Corporation of the Town of Niagara-on-the-Lake and LHPH Limited (526 Regent Street - WS King Street - NS Anne Street)
 5011-17.pdf
5012-17- A by-law to amend By-law 814-77 being a by-law to establish and regulate water and wastewater rates and charges with the Town of Niagara-on-the-Lake and to repeal By-law 4919-17
 5012-17.pdf
5013-17- A by-law to authorize an agreement between The Corporation of the Town of Niagara-on-the-Lake and The Corporation of the City of St. Catharines and to rescind By-law 4975-17 (Automatic Aid Agreement with City of St. Catharines)
 5013-17.pdf
5014-17- A by-law to execute the Clean Water and Waste Water Fund (Ontario) Transfer Payment Agreement between The Corporation of the Town of Niagara-on-the-Lake and Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure
 5014-17.pdf
5015-17- A by-law to authorize a Subdivision Agreement between The Corporation of the Town of Niagara-on-the-Lake and Traditional Neighbourhood Developments Inc. (1 Rampart Street - The Village Phase 4 West)
 5015-17.pdf
5016-17- A by-law t authorize a Subdivision Agreement between The Corporation of the Town of Niagara-on-the-Lake and Solmar (Niagara) Inc. (128 - 174 Anne Street Subdivision)
 5016-17.pdf
5017-17- A by-law to authorize a Subdivision Agreement between The Corporation of the Town of Niagara-on-the-Lake and Woodcastle Development Inc.(1532 Concession 4 Road - Woodcastle Acres)
 5017-17.pdf
CORRESPONDENCE AND MOTIONS:
Clerk to read resolution
1. The following resolution(s) be adopted:
(a) Councillor Betty Disero - Town Policy Curb & Gutter
 Policy Curb & Gutter.pdf
(b) Councillor Betty Disero - OMAFRA Nomination
(c) Councillor Betty Disero - 115, 117 & 119 Paxton Lane
 115-117-119 Paxton Lane.pdf
(d) Councillor Martin Mazza - Ash Borer Disease
 Ash Boer Disease.pdf
(e) Councillor Terry Flynn - Niagara District Airport Lands
 NDA Lands.pdf
2. Information Package(s):
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."
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.
CLOSED SESSION:
Clerk to read resolution
The Municipal Act 2001, as amended,
- Section 239.(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically Tanbark Road
- Section 239.(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically Fire Code violations
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Wellington Street
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; and/or Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on King Street
- Section 239.(2)(d) Labour Relations or employee negotiations
PROCEEDINGS BY-LAW:
Clerk to read resolution for reading of by-law
5018-17- A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on November 13, 2017.
VERBAL MOTIONS:
RESOLUTIONS:
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ADJOURNMENT:
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