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PRESENT:
Lord Mayor Gary Burroughs, Councillors: J. Collard, D. Dick, T. Flynn, A. Kaiser, J. Lowrey, M. Mazza, A. Viola, G. Zalepa
REGRETS:
STAFF:
M. Galloway Chief Administrative Officer
H. Dowd Town Clerk
V. Butters Clerks Administrative Assistant
S. Bedford Director of Planning & Development
B. Wiens Principal Planner
E. Kuczera Director of Public Works
OTHERS:
W. Walker Property Solutions Inc.
MEDIA:
M. Cheevers Niagara This Week
K. Mason Niagara Advance
S. Mason St. Catharines Standard
Representatives from Cogeco
CALL TO ORDER:
The Lord Mayor called the meeting to order at 7:00 p.m.
Page 2 - August 30, 2010 Council Minutes
PRAYER:
Councillor D. Dick opened the meeting with a prayer.
O'CANADA:
Council and all those present sang O'Canada.
ADOPTION OF THE AGENDA:
The Clerk advised an additional delegation was filed within the deadline by
Janice Thomson, Chamber of Commerce, requesting follow up for Council to re-examine the benefits of approving Niagara-on-the-Lake's participation in a Heritage Tax Rebate Programme.
The Clerk advised there would be a closed meeting session regarding two legal issues, the Comprehensive Zoning By-law appeal and the Niagara River Coalition case, following the open session of the meeting.
Moved by Councillor T. Flynn, seconded by Councillor A. Viola that the agenda, as amended by the addition of a delegation by Janice Thomson, be adopted . APPROVED.
CONFLICT OF INTEREST:
Councillor M. Mazza declared a conflict of interest with item 1.d) Report RC-10-017, Preschool Space Lease of the August 23, 2010 Parks and Recreation Advisory Committee Meeting minutes as he is a Kinsmen member.
No other conflicts of interest were declared at this time.
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:
The Lord Mayor spoke to the following:
- July 20, Niagara College event with Minister of Agriculture, Republic of Georgia
- August 6, Sports Wall of Fame
- August 14, Peach Festival
- August 16-18, Association of Municipalities of Ontario annual conference
Page 3 - August 30, 2010 Council Minutes
- August 21, Rotary Club Passion Wine and Food event and NDSS fundraising event
- August 26, Azerbaijan special concert, St. Mark's Church
- August 29, Lawn Bowling Club final tournament
- August 29, Polish Thanksgiving event, Polonia Park
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,
September 13, 2010 at 7:00 p.m. The next Council Meeting is scheduled for Monday, September 20, 2010 at 7:00 p.m. Start time 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. At the Clerk's discretion delegations will be added. 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 July 26, 2010
- resolution #1, APPROVED.
DELEGATIONS:
Non-Agenda Delegation
(1) Sharon Svob, Autism Ontario - Niagara Chapter
Autism Awareness and Invitation
Ms. Svob thanked Lord Mayor Burroughs for the opportunity to speak and referred to the information package distributed to Council members (filed C04-CO Council Minutes). Ms. Svob noted that October is Autism Awareness Month in Canada and requested Council's support in recognizing it as such and assisting with autism awareness.
Page 4 - August 30, 2010 Council Minutes
Ms. Svob read from the information package and outlined the following:
- numbers of individuals recognized as being diagnosed with Autism Spectrum Disorder (ASD) and the number of families from Niagara-on-the-Lake that have accessed the organization for support
- Autism Spectrum Disorder
- benefit of early and ongoing intervention
- support services and understanding is a life long process
- Autism Ontario leading source of information and referral
- Niagara Chapter statistics, programmes, and support resources
Ms. Svob, on behalf of Autism Ontario-Niagara, extended an invitation to Lord Mayor Burroughs and Council members to attend an open house at their new location, 36 Page Street, St. Catharines, taking place on Friday October 1 (official ribbon cutting) and Saturday October 2, to bring Niagara-on-the-Lake into the bigger Regional picture of Autism in Niagara. Ms. Svob acknowledged the dedicated volunteers who enable the Chapter to provide all of its services and support. In closing, Ms. Svob stated that financial support from the community is crucial to meeting the needs of the growing number of families looking for programmes and services, and that the Chapter is grateful for the generous support from individuals, organizations, grants and events.
Lord Mayor Burroughs thanked Ms. Svob for her presentation.
Agenda Delegation
(1) Application for Cancellation, Reduction or Refund of Taxes under Section 357 of the Municipal Act, 2001
The Lord Mayor asked if there was anyone in the audience wishing to speak to the 357 application. There was no one present to speak.
- resolution #2, APPROVED.
Page 5 - August 30, 2010 Council Minutes
(2) Jeff Sentineal, 174 Anne Street
Caleche Operating Terms of Reference (Report CS-10-017)
Mr. Sentineal spoke to the proposed Operating Terms of Reference (OTR), and noted the Fort George anniversary, four year programme, discussion with Parks Canada/other stakeholders, number of permissions, heritage district/Old Town/other local communities, as well as wineries. Mr. Sentineal stated he had discussed the OTR with the Director of Corporate Services and will work through these issues.
Mr. Sentineal provided background information about Regional licensing, and Council's endorsement which are called "permissions". He gave a brief history about what has evolved, and his current discussions about opportunities with hotels, which would require Council's approval. Mr. Sentineal answered questions of Council.
The Lord Mayor thanked Mr. Sentineal for coming forward.
(3) Janice Thomson, Manager Chamber of Commerce
Requesting follow up for Council to re-examine the benefits of approving Niagara-on-the-Lake's participation in a Heritage Tax Rebate Programme
Ms. Thomson thanked Council for hearing from the Chamber of Commerce on the subject of the Heritage Tax Rebate Programme. Ms. Thomson read from a prepared submission(filed C04-CO Council Minutes), distributed to Council, and noted since 2001 the Chamber has petitioned Council to participate in the provincial Heritage Tax Rebate programme for relief of up to 40% for owners of designated properties/properties within the Heritage District. Ms. Thomson outlined the Chamber's involvement with the programme, its benefits, and the importance of heritage to the community.
In closing, Ms. Thomson noted at the 2009 session to address how Council could assist business, exploring the potential of implementing the Heritage Tax Rebate was one of the identified priorities and it was agreed through a motion of Council in June 2009 that a review would be conducted. Ms. Thomson answered questions of Council.
The Lord Mayor thanked Ms. Thomson for coming forward.
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RESPONSE TO DELEGATIONS FROM COUNCIL:
Councillor A. Kaiser spoke to Ms. Thomson's delegation requesting follow up from staff for Council to re-examine the benefits of approving Niagara-on-the-Lake's participation in a Heritage Tax Rebate Programme.
COMMITTEE REPORTS:
(1) Corporate Services Advisory Committee
Chair Councillor M. Mazza, Vice Chair Councillor A. Kaiser
The following is a summary of the recommendations from the August 23, 2010 Corporate Services Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report C-10-017
1.1 that, conditional and effective on, the triggering of Section 275 of the Municipal Act, Restricted Acts after Nomination Day (September 10), with respect to the 2010 municipal election, Council delegate to the Chief Administrative Officer (CAO), authority over the following actions:
(a) the appointment of any employee of the Corporation of the Town of Niagara-on-the-Lake (Town); (b) the hiring or dismissal of any employee of the Town; (c) the disposition of any real or personal property of the Town which has a value exceeding $50,000 at the time of disposal; and (d) making any expenditures or incurring any other liability which exceeds $50,000; provided that such authority shall extend only until the first meeting of the new Council and that the CAO shall report to the new Council all actions taken pursuant to this delegation
(b) Report C-10-013A
1.1 that report C-10-013 be received and the recommendations contained within the report be set aside; and,
1.2 that the draft Code of Conduct attached to report C-10-013A be forwarded to Council and adopted by by-law; and,
1.3 that the new Council appoint a Procedural By-law Task Force consisting of two Councillors, a resident, a representative from the Clerk's Department and the Town's legal firm to review and create a new Procedural By-law; this Task Force be mandated to also create an application and process for investigations filed in connection with the Code of Conduct; and,
Page 7 - August 30, 2010 Council Minutes
1.4 that when a new Procedural By-law is drafted, the Code of Conduct be revisited and incorporated with the new Procedural By-law; and,
1.5 that the new Council advertise for an Integrity Commissioner when advertising for all the Committee/Boards and the compensation paid to the Integrity Commissioner be set at $300 per investigation; and,
1.6 that the Town Clerk, with the assistance of the Town's legal firm, be appointed in the interim as the Integrity Commissioner
(c) Report C-10-018
1.1 that the complete approved recommendations from the Committee of the Whole (COTW) meeting continue to be inserted in the Council Agenda for information; and,
1.2 that effective August 30, 2010, the Clerk prepare a summary of each motion from the COTW meeting, to be read by the Clerk at Council meetings
(d) Report CS-10-015
1.1 that Council extend the banking services contract with the Royal Bank of Canada for another year until December 1, 2011, and,
1.2 that staff initiate a request for proposal for banking services next spring/early summer
(e) Report CS-10-016
1.1 that Council adopt Option #2, as outlined in report CS-10-016, and wait until the new term of Council to constitute the Unfair Taxation Committee
(f) Report CS-10-014
1.1 that Council direct staff to enter into negotiations with the preferred vendor (Diamond Municipal Solutions) for a corporate Financial Management System (FMS) / Enterprise Resource Planning (ERP) solution
(g) Report CS-10-017
1.1 that the draft Caleche Operating Terms of Reference (OTR) be approved in principle; and,
1.2 that staff continue working with the Queens Royal Tours and Sentineal Carriages to finalize the OTR before the beginning of the 2011 season (April 1, 2011); and,
1.3 that the finalized OTR shall take effect on the first day of operation in the 2011 season (i.e. April 1, 2011); and,
1.4 that staff investigate the feasibility of making modifications to the King Street standing area prior to April 1, 2011; and,
Page 8 - August 30, 2010 Council Minutes
1.5 that staff consult with the Town’s solicitors and report back with regards to creating a Caleche Business Operating License/Permit and tie it into the Permission application process; and,
1.6 that a schedule of violations and administrative penalties be developed and presented for Council approval in accordance with the Caleche Business Operating License/Permit
(h) that staff liaise with the Mayor of Youngstown, New York to determine how Niagara-on-the-Lake can help with their challenge regarding wind generators in Lake Ontario
The Clerk read a summary of the August 23, 2010 Corporate Services Advisory Committee Minutes.
Councillor M. Mazza stated he had the pleasure to sit on the Code of Conduct Task Force for Council members and noted there is no code of conduct for staff. Councillor Mazza stated that hopefully the Chief Administrative Officer will come up with something for staff. A formal motion will be brought forward at the next meeting.
- resolution #3, APPROVED.
(2) Public Works Advisory Committee
Chair Councillor A. Viola, Vice Chair Councillor J. Collard
The following is a summary of the recommendations from the August 23, 2010 Public Works Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report PW-10-032
1.1 that the Minutes of the August 3, 2010 Energy Management Committee meeting attached to Public Works Report PW-10-032 be received; and,
1.2 that Recommendations #1 and #2 of the Energy Management Committee meeting held on August 3, 2010 be referred to Council for adoption as set out in Appendix A (attached) to Public Works Report PW-10-032
(b) Report PW-10-033
1.1 that Council receive the information contained in Report PW-10-033 regarding the Transit Needs Survey Update
Page 9 - August 30, 2010 Council Minutes
(c) Report PW-10-034
1.1 that Council authorize staff to engage a consultant to evaluate 3 locations near St. Davids Public School using OTC Crossing Guard warrants with expenses not to exceed $5,000 (excluding H.S.T.) in accordance with the Purchasing By-Law; and,
1.2 that Council consider the installation of school crossing guards at those locations in the vicinity of St. Davids Public School which meet the OTC Crossing Guard warrants in Fall 2010, as soon as practicable after completion of the warrant analysis
(d) Report PW-10-035
1.1 that Council accepts the tender from Niagara Motors Limited in the amount of $41,245.00, including taxes and trade-in of a 2001 GMC Sierra 4x4 (#221), for the purchase of a new 2011 One-Ton Dump 4x4 Plow Truck with box included
(e) Report PW-10-036
1.1 That Council accepts the tender from Niagara Motors Limited in the amount of $37,171.00, including taxes and trade-in of a 2001 GMC Sierra (#219), for the purchase of a new 2011 GMC Sierra one-ton dump with crew cab and box included
(f) Report PW-10-037
1.1 that Council accept the tender from Archer Truck Service Ltd. in the amount of $176,338.70, including taxes and trade-in of a 2000 Sterling (#216) Truck and Plow, for the purchase of a new 2011 International Workstar with Viking side tilt sander unit and snow plow/wing equipment; and,
1.2 that the additional funds in the amount of $1,338.70 be allocated from the Public Works Vehicle and Equipment Reserve to Project No. C311-D015
(g) Report PW-10-038
1.1 that Council accept the low tender of $327,647.00 (excluding applicable taxes) from Rankin Construction Inc. for the paving and construction of sidewalk and curbs on Concession 4 Road, from Line 1 Road to Line 2 Road, with final payment based on actual quantities and tendered unit prices
(h) Report PW-10-039
1.1 that Council accept the low tender of $508,275.00 (excluding applicable taxes) from Norjohn Contracting and Paving Limited for the reconstruction of Prideaux Street from Simcoe Street to King Street with final payment based on actual quantities and tendered unit prices; and,
Page 10 - August 30, 2010 Council Minutes
1.2 that additional funding for this project (C-321-U003) be provided through the Capital Project Variance Reserve in the amount of $79,000; and,
1.3 that 2010 capital budget for project C-321-U003 be amended to reflect this additional cost and funding accordingly
(i) Report PW-10-040
1.1 that Council approve the installation of an all-way stop at the intersection of Line 1 Road and Concession 4 Road; and,
1.2 that the Town Clerk be directed to amend the Traffic and Parking By-law 4308-09 to provide for an all-way stop at the intersection of Line 1 Road and Concession 4 Road; and,
1.3 that the change in traffic control at this intersection take place following passage of the by-law and upon a notice being placed in the local newspaper and the appropriate signs and markings being in place inclusive of advance warning signs; and,
1.4 that the Niagara Regional Police be requested to closely monitor this intersection during the changeover
(j) Report PW-10-041
1.1 that Council approve the Grinder Pump Replacement Program and Financing Strategy for the St. Davids Urban Service Area as set out in Report PW-10-041 effective the date of Council's approval
The Clerk read a summary of the August 23, 2010 Public Works Advisory Committee Minutes.
Councillor J. Collard requested that item 1.c) Report PW-10-034, St. Davids Public School Crossing Guards, of the August 23, 2010 Public Works Advisory Committee Minutes be lifted for discussion.
Councillor J. Collard requested to amend the recommendations, in report PW-10-034, to liaise with the Community Schools Alliance with respect to crossing guards. Discussion took place regarding who should pay for crossing guards, school boards or municipalities. It was noted that other municipalities in Ontario pay for their crossing guards and the issue could be with the province.
Page 11 - August 30, 2010 Council Minutes
Discussion took place that the District School Board of Niagara previously offered courtesy bussing, which continued for St. Davids Public School during its construction period, but will now also be cancelled. Council noted the lack of communication from the school board about crossing guards and the new Virgil School.
Moved by Councillor J. Collard, seconded by Councillor A. Kaiser that report PW-10-034, St. Davids Public School Crossing Guards, of the August 23, 2010 Public Works Advisory Committee Minutes be amended by adding the following recommendation:
1.3 that Council liaise with the Community Schools Alliance (CSA) to begin the discussion as to who should pay for crossing guards in Ontario. APPROVED. (resolution # 4)
Further discussion took place regarding item 1.b) report PW-10-033, Transit Needs Survey Update of the August 23, 2010 Public Works Advisory Committee Minutes. It was noted a stakeholders' meeting is to take place on September 23, 2010 at the Centennial Arena Mary Snider Room.
Councillor D. Dick requested an update regarding the Concession 4 Road storm sewer environmental assessment being carried out by the Ministry of the Environment. The Director of Public Works updated Council as to the status of the project. It was noted the residents are getting impatient and the MPP has not been involved at this point.
- resolution #5, APPROVED.
(3) Parks & Recreation Advisory Committee
Chair Councillor D. Dick, Vice Chair Councillor J. Lowrey
The following is a summary of the recommendations from the August 23, 2010 Parks & Recreation Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report RC-10-014
1.1 that the Town of Niagara-on-the-Lake recognizes the 50th anniversary of the Shaw Festival
Page 12 - August 30, 2010 Council Minutes
(b) Report RC-10-015
1.1 that a report be prepared by staff and presented in January 2011 outlining both; assessing various potential uses for the Community Centre property at 29 Platoff Street and the Lawn Bowling Club property at 244 Regent Street and outlining a public consultation process with respect to the potential future uses of these properties
(c) Report RC-10-016
1.1 that Hillview Contracting be awarded the Cemetery Water Line and Storm Drain / Catch Basin installation project at their tender price of $38,899.55 plus HST
(d) Report RC-10-017
1.1 that the Town approve the agreement attached to report RC-10-017 with the Niagara Nursery School to lease the Preschool room in the New Community Centre
The Clerk read a summary of the August 23, 2010 Parks & Recreation Advisory Committee Minutes.
Councillor M. Mazza declared a conflict of interest with item 1.d) Report RC-10-017, Preschool Space Lease of the August 23, 2010 Parks and Recreation Advisory Committee Meeting minutes as he is a Kinsmen member. Councillor Mazza did not take place in any discussion or vote on this item and left the room.
Item 1.d) Report RC-10-017, Preschool Space Lease of the August 23, 2010 Parks and Recreation Advisory Committee Meeting minutes was lifted and voted on separately and approved.
- resolution #6, APPROVED BALANCE OF MINUTES.
(4) Public Planning Advisory Committee
Clerk to read the resolution to receive Minutes
The following applications were heard at the August 23, 2010 Public Planning Advisory Committee Meeting:
- 119 Hunter Road, application for zoning by-law amendment
- 202 Hunter Road, application for zoning by-law amendment
- resolution #7 APPROVED.
Page 13 - August 30, 2010 Council Minutes
(5) Planning Advisory Committee
Chair Councillor G. Zalepa, Vice Chair Councillor T. Flynn
The following is a summary of the recommendations from the August 23, 2010 Planning Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report PDS-10-060
1.1 the zoning amendment application for 119 Hunter Road, Lot 113, Plan M-11, Niagara-on-the-Lake be amended to recognize the reduced front yard setback and height of the accessory building for Part 1 and to re-zone Part 2 from “Rural (A) Zone” to an “Agricultural Purposes Only (APO) Zone” be forwarded to Town Council for passage; and,
1.2 the proposed zoning by-law amendment is consistent with the Provincial Policy Statement, Provincial Policy Plans, Regional Policy Plan and the Town Official Plan
(b) Report PDS-10-061
1.1 the zoning amendment application for 202 Hunter Road, Lot 118, Plan M-11, Niagara-on-the-Lake be amended to recognize the reduced front and side yard setbacks for Part 1 and to re-zone the lands from “Rural (A) Zone” to an “Agricultural Purposes Only (APO) Zone” for Part 2 be forwarded to Town Council for passage; and,
1.2 the proposed zoning by-law amendment is consistent with the Provincial Policy Statement, Provincial Policy Plans, Regional Policy Plan and the Town Official Plan
(c) Report PDS-10-046
1.1 that Council adopt Glendale Secondary Plan as amended, as an amendment to the Town Official Plan; and,
1.2 that the Glendale Urban Secondary Plan is consistent with the Provincial Policy Statement, Provincial Plan, the Regional Policy Plan and the Town Official Plan; and,
1.3 that no further public meeting is required for the Glendale Secondary Plan
(d) Report PDS-10-062
1.1 that Staff be authorized to hold a public meeting with respect to the By-law to regulate “Vacation Apartments” on September 13, 2010; and,
1.2 that subject to the results of the public meeting, the draft “Vacation Apartment” Licencing By-law to regulate "Vacation Apartments", attached as Appendix A to PDS-10-062, be approved and forwarded to Town Council for passage; and,
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1.3 that the draft amendment to the Small Scale Tourist Accommodation Licencing By-law 4016-06 to regulate and govern Bed and Breakfast Establishments, Country Inns and Cottage Rentals, attached as Appendix B to PDS-10-062, be approved and forwarded to Town Council for passage; and,
1.4 that the amendment to the Zoning By-law 4316-09 deleting the definition of a "Cottage or Seasonal Residential Dwelling" be completed as part of a housekeeping zoning amendment once the Comprehensive Zoning By-law is in effect; and,
1.5 that subject to the results of the public meeting, the draft amended Policy and Procedure CS-BLE-002, attached as Appendix C to PDS-10-062, be approved and forwarded to Town Council for passage
(e) Report PDS-10-063
1.1 that the Part Lot Control By-law attached to Planning Report PDS-10-063 (Appendix “B”) to remove ‘Part Lot Control’ from Lots 31-40, 68 and 42-48 of Plan 30M-364 be forwarded to Town Council for approval
(f) Report PDS-10-064
1.1 that the Deeming By-law attached to Planning Report PDS-10-064 prepared pursuant to Section 50(4) of the Planning Act to deem Lots 263 and 279, Plan 73A not to be in a registered plan of subdivision be forwarded to Town Council for approval
(g) Report PDS-10-065
1.1 that the Deeming By-law attached to Planning Report PDS-10-065 prepared pursuant to Section 50(4) of the Planning Act to deem Lot 76 and Part Lot 77, Plan 149 not to be in a registered plan of subdivision be forwarded to Town Council for approval
(h) Report PDS-10-066
1.1 that the minutes of the Municipal Heritage Committee meeting of August 10, 2010 be received; and,
1.2 that the disposition of the recommendations for the Municipal Heritage Committee meeting held August 10, 2010 be as follows:
Refer to Council for receipt – 1, 6
Refer to Council for adoption – 2, 3, 4, 5
Refer to Director – 7
Refer to Director of Parks & Recreation – (8 and 9 deferred) 10
A summary of the August 23, 2010 Planning Advisory Committee Minutes was read by the Clerk.
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Councillor G. Zalepa requested that item 1.c) Report PDS-10-046, Glendale Secondary Plan of the August 23, 2010 Planning Advisory Committee Meeting Minutes be lifted for discussion.
It was noted there appeared to be an encroachment on Map 5 of the Plan. In answer to a question, the Director of Planning and Development advised that Schedule D had been amended as requested by Council and it was now correct.
- resolution #8, APPROVED.
(6) Clerk to read resolution to adopt recommendation
Clerk's Report C-10-019
Resident Representation - Bed and Breakfast Committee
Councillor J. Collard declared a conflict of interest with Report C-10-019, Resident Representation - Bed and Breakfast Committee as is wife owns and operates a Bed and Breakfast establishment. Councillor Collard did not participate in the selection of residents for appointment to the committee. He did not take part in any discussion or vote on this item and left the room.
Discussion took place regarding the recommended appointments resulting from Council member's votes, and the fact that the residents were tourist accommodation operators. Council agreed a non-operating resident should be added in order to obtain a good mix of representation.
Council agreed to bring a motion forward under New Business.
- resolution #9, APPROVED.
BY - LAWS:
Clerk to introduce the by-laws before Council
(by-laws and agreements are available for viewing in the Clerk's Department)
4416-10 - A by-law to deem parts of a certain registered plan of subdivision not to be a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act (2 Luther Avenue)
Page 16 - August 30, 2010 Council Minutes
4417-10 - A by-law to remove certain lands from Part Lot Control (5-45, 6-24 Hanes Court and 189-199 Wright Crescent)
4418-10 - A by-law to deem parts of a certain registered plan of subdivision not to be a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act (362 Niagara Boulevard)
4419-10 - Official Plan Amendment 44, Glendale Secondary Plan
4420-10 - A by-law to approve the Corporation of the Town of Niagara-on-the-Lake's Code of Conduct for Council and Council appointed Committees
500VL-10 - A by-law pursuant to Section 34 of the Ontario Planning Act to amend By-law 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 (119 Hunter Road)
500VM-10 - A by-law pursuant to Section 34 of the Ontario Planning Act to amend By-law 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 (202 Hunter Road)
- resolutions 10 & 11 BY-LAWS RECEIVED THREE READINGS.
CORRESPONDENCE:
Clerk to read resolution
1. The following resolution be adopted:
(a) Notice of Motion from Councillor G. Zalepa regarding the NDSS Strategy Committee funding assistance
Councillor G. Zalepa spoke to the motion, which he noted came from the NDSS Strategy Committee. He provided some background information regarding the closing of NDSS.
In answer to a question, Councillor G. Zalepa stated he is not aware of a decision on last week's hearing, and the Committee is seeking $5000.00 for this specific endeavour.
Page 17 - August 30, 2010 Council Minutes
Discussion took place regarding various potential sources of funds. In answer to a question, the Chief Administrative Officer referred to his August 30, 2010 Information Report to Council - NDSS Campaign Estimated Financial Summary for 2008-2010 (filed C03-Information Items) and identified the activities and accounts involved during the campaign and the preliminary accounting deficit of approximately $20,000.00.
In answer to a question, the Chief Administrative Officer stated communications expenses are more difficult to consolidate and breakdown, and the $5000.00 would come from the general tax levy.
A polled vote was called for by Councillor G. Zalepa regarding the motion for the NDSS Strategy Committee funding assistance.
- resolution #12, APPROVED.
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."
Councillor J. Collard stated he is giving notice of a motion for the September 20, 2010 Council meeting with regard to support for the Association of Municipalities of Ontario's position on the Waste Diversion Act.
Page 18 - August 30, 2010 Council Minutes
Councillor M. Mazza stated he is giving notice of a motion for the September 20, 2010 Council meeting with regard to rescinding Proceedings By-law 3152-97, meeting adjournment time.
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.
(1) Bed and Breakfast Committee Appointment
Councillor J. Collard previously declared a conflict of interest with Report C-10-019 as his wife owns and operates a Bed and Breakfast establishment and did not take part in any discussion or vote on this item.
Further discussion of Report C-10-019, Resident Representation - Bed and Breakfast Committee, took place and Council agreed to recirculate the existing applications for an additional appointment of a resident not owning/operating a tourist accommodation.
Moved by Councillor A. Kaiser, seconded by Councillor G. Zalepa that one additional member be added to the Bed and Breakfast Committee and that member be a resident not owning/operating a tourist accommodation, from existing applicants. APPROVED. (resolution #13)
(2) Council spoke to the following items:
- Niagara-on-the-Lake Golf Classic Tournament October 7 - update, funds being allocated to the new Community Centre
- AMO Annual Conference August 16-18 - update
- OMB appeal, Picton Street property - update
- Town calendar
- Niagara Motors legal success
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CLOSED SESSION:
Two Legal Issues
In open session, the Clerk read the resolution to go into the closed meeting.
Moved by Councillor G. Zalepa, seconded by Councillor J. Lowrey that Council proceed to go into a closed meeting to consider matters that fall under the subject matter of:
- Section 239.(2)(e) of the Municipal Act, 2001 "Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board", and
- Section 239.(2)(f) of the Municipal Act, 2001 "advice that is subject to solicitor-client privilege, including communications necessary for that purpose".
Specifically dealing with the Comprehensive Zoning By-law Appeal and the Niagara River Coalition. APPROVED. (resolution # 14)
Council proceeded into the closed meeting from 8:40 p.m. to 9:15 p.m.
Council rose from the closed meeting with the following motions regarding the Comprehensive Zoning By-law Appeal and the Niagara River Coalition case.
Moved by Councillor A. Kaiser, seconded by Councillor T. Flynn that Council support a motion to give staff and legal representatives direction to move forward as outlined in the document titled "Agricultural Zoning Matters" dated July 28, 2010. APPROVED. (resolution # 15)
Moved by Councillor J. Collard, seconded by Councillor G. Zalepa that Council rise from the closed session with no report regarding the Niagara River Coalition case. APPROVED. (resolution # 16)
PROCEEDINGS BY-LAW:
4421-10 - A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on August 30, 2010
- resolutions 17 & 18, BY-LAW RECEIVED THREE READINGS.
Page 20 - August 30, 2010 Council Minutes
RESOLUTIONS:
1. Moved by Councillor G. Zalepa, seconded by Councillor J. Lowrey that the minutes of the Council Meeting held July 26, 2010 be adopted. APPROVED.
2. Moved by Councillor G. Zalepa, seconded by Councillor J. Lowrey that the applications for cancellation, reduction or refund of taxes under Section 357 of the Municipal Act, 2010 be approved. APPROVED.
3. Moved by Councillor M. Mazza, seconded by Councillor A. Kaiser that the Minutes/Report of the August 23, 2010 Corporate Services Advisory Committee Meeting be adopted. APPROVED.
4. Moved by Councillor J. Collard, seconded by Councillor A. Kaiser that report PW-10-034, St. Davids Public School Crossing Guards, of the August 23, 2010 Public Works Advisory Committee Minutes be amended by adding the following recommendation:
1.3 that Council liaise with the Community Schools Alliance (CSA) to begin the discussion as to who should pay for crossing guards in Ontario. APPROVED.
5. Moved by Councillor A. Viola, seconded by Councillor J. Collard that the Minutes/Report of the August 23, 2010 Public Works Advisory Committee Meeting be adopted. APPROVED.
6. Moved by Councillor D. Dick, seconded by Councillor J. Lowrey that the Minutes/Report of the August 23, 2010 Parks & Recreation Advisory Committee Meeting be adopted. APPROVED.
7. Moved by Councillor J. Collard, seconded by Councillor J. Lowrey that the Minutes/Report of the August 23, 2010 Public Planning Advisory Committee Meeting be received. APPROVED.
8. Moved by Councillor G. Zalepa, seconded by Councillor T. Flynn that the Minutes/Report of the August 23, 2010 Planning Advisory Committee Meeting be adopted. APPROVED.
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9. Moved by Councillor G. Zalepa, seconded by Councillor J. Lowrey that the recommendations contained in Clerk's Report C-10-019 be adopted to include:
1.1 that Elizabeth Olivieri and Rob Vaandering be appointed as resident representatives to the Bed and Breakfast Committee; and
1.2 that letters be sent to all residents thanking them for their interest in volunteering their time to sit on the Town's Bed and Breakfast Committee and advising them of Council's decision. APPROVED.
10. Moved by Councillor G. Zalepa, seconded by Councillor J. Collard that leave be given to introduce By-law Nos. 4416-10, 4417-10, 4418-10, 4419-10, 4420-10, 500VL-10, 500VM-10, and that the same be considered read a first and second time. APPROVED.
11. Moved by Councillor G. Zalepa, seconded by Councillor J. Lowrey that leave be given to introduce By-law Nos. 4416-10, 4417-10, 4418-10, 4419-10, 4420-10, 500VL-10, 500VM-10, 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.
12. Moved by Councillor G. Zalepa, seconded by Councillor J. Collard, WHEREAS the Corporation of the Town of Niagara-on-the-Lake established a committee to deal with the closure of Niagara District Secondary School (NDSS), called the NDSS Strategy Committee;
AND WHEREAS this committee was tasked with developing strategy to avert closure of NDSS;
AND WHEREAS at the last meeting of the committee an update was received from the Friends of NDSS who had moved ahead in seeking an injunction to stop the closure of NDSS and had begun a campaign to raise the funds to finance the legal action;
AND WHEREAS at the NDSS Strategy Committee meeting it was agreed to request the Council of the Corporation of the Town of Niagara-on-the-Lake to provide a grant to Friends of NDSS in the amount of $5,000 to be used in their legal action seeking an injunction on the closure of NDSS.
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Niagara-on-the-Lake directs that a grant of $5,000 be given to Friends of NDSS immediately, to be applied to the cost of their legal action in seeking an injunction on the closure of NDSS. APPROVED.
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13. Moved by Councillor A. Kaiser, seconded by Councillor G. Zalepa that one additional member be added to the Bed and Breakfast Committee and that member be a resident not owning/operating a tourist accommodation, from existing applicants. APPROVED.
14. Moved by Councillor G. Zalepa, seconded by Councillor J. Lowrey that Council proceed to go into a closed meeting to consider matters that fall under the subject matter of:
- Section 239.(2)(e) of the Municipal Act, 2001 "Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board", and
- Section 239.(2)(f) of the Municipal Act, 2001 "advice that is subject to solicitor-client privilege, including communications necessary for that purpose".
Specifically dealing with the Comprehensive Zoning By-law Appeal and the Niagara River Coalition. APPROVED.
15. Moved by Councillor A. Kaiser, seconded by Councillor T. Flynn that Council support a motion to give staff and legal representatives direction to move forward as outlined in the document titled "Agricultural Zoning Matters" dated July 28, 2010. APPROVED.
16. Moved by Councillor J. Collard, seconded by Councillor G. Zalepa that Council rise from the closed session with no report regarding the Niagara River Coalition case. APPROVED.
17. Moved by Councillor G. Zalepa, seconded by Councillor J. Collard that leave be given to introduce By-law No. 4421-10, and that the same be considered read a first and second time. APPROVED.
18. Moved by Councillor J. Lowrey, seconded by Councillor G. Zalepa that leave be given to introduce By-law 4421-10, 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.
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19. Moved by Councillor G. Zalepa, seconded by Councillor J. Collard that this Council adjourn to the next regular meeting to be held September 20, 2010 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 T. Flynn, seconded by Councillor A. Viola that the agenda, as amended by the addition of a delegation by Janice Thomson, be adopted . APPROVED.
ADJOURNMENT: 09:20 PM |
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