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PRESENT:
Lord Mayor Pat Darte, Councillors: Terry Flynn, Jamie King (6:35 p.m.), Paolo Miele (6:17 p.m.), Martin Mazza, Betty Disero, John Wiens, Maria Bau-Coote, Jim Collard
REGRETS:
STAFF:
Holly Dowd Chief Administrative Officer
Peter Todd Acting Town Clerk
Victoria Butters Deputy Clerk
Sheldon Randall Director of Operations
Craig Larmour Director Community & Development
Rob Grimwood Fire Chief
Kyle Freeborn Manager, Finance/Treasurer
Kevin Turcotte Manager, Parks & Recreation
OTHERS:
Callum Shedden Town Solicitor
MEDIA:
Scott Rosts Niagara This Week
Suzanne Mason Sun Media
CALL TO ORDER:
FOCUS STATEMENT:
Councillor John Wiens opened the meeting with a focus statement.
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.
- Additional item under the closed session meeting regarding a property on Queen Street
- Councillor Jim Collard additional motion regarding a pedestrian mall on Queen Street, which he provided notice at a previous meeting
- Councillor Jim Collard requested to speak under new business to Town boulevard use and construction on RR55
Moved by Councillor Terry Flynn, seconded by Councillor John Wiens that the agenda be adopted, as amended.
APPROVED.
CONFLICT OF INTEREST:
Council members declare their conflicts of interest
Councillor Jim Collard previously declared a conflict of interest with item 1.b) Report CDS-17-033, 1376 York Road - Official Plan Amendment and Zoning By-law Amendment of the June 5, 2017 Community & Development Advisory Committee Meeting minutes and associated by-laws as he and his wife own and operate a Short Term Rental business.
Councillor Betty Disero previously declared a conflict of interest with Information Report Items in regard to Residents Comments and item 1.d) Report CDS-17-035, 534-538 Butler Street Zoning By-law Amendment of the June 5, 2017 Community & Development Advisory Committee Meeting minutes and associated by-law as her mother owns a property in the area.
Councillor Terry Flynn previously declared a conflict of interest with Item 1.b) 1397 York Road and 242-246 Four Mile Creek Road of the June 5, Public Community & Development Advisory Committee Meeting Minutes as he lives within the vicinity of the subject property. At this time Councillor Flynn advised he did not have a conflict of interest with the subject property as previously stated.
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:
Lord Mayor Pat Darte spoke to the following:
- Clare's Harley Davidson 100th Birthday Celebration; and Ontario Quebec Parliamentary Association 225th Ceremony and Tree Planting Simcoe Park, May 12
- Niagara-on-the-Lake Lawn Bowling Club Official Opening; and Hypnotic Hair Lounge Niagara Stone Road Opening, May 13
- Communities In Bloom program launch, May 15
- Lakeview Wine Company Boutique and Tasting Centre Opening, May 17
- Niagara-on-the-Lake Historical Society & Museum Exhibition Opening; RiverBrink Art Museum Spring Opening Reception; and Shaw Festival Tourism Night, May 18
- Virgil Stampede, May 20 - 22
- Niagara-on-the-Green Community BBQ & Canada 150 Event, May 21
- Ontario Travel Centre Tourism Week Launch, May 26
- St. Michael School Fund-raiser Golf Tournament, May 27
- Community Update with Town Council, May 29
- Niagara-on-the-Lake Step Challenge Launch; and Masaki Sushi Restaurant Moffat Inn Open House, June 1
- Prime Minister Justin Trudeau World Environment Day visit, June 5
- TD Niagara Jazz Festival Official Media Launch, June 6
- Local Chambers of Commerce - Building Niagara Together; and Wayne Gretzsky Winery and Distillery Grand Opening, June 7
- Town Staff Grapes of Wrath Competition Canadian Cancer Society Fund-raiser; and Niagara-on-the-Lake Kinsmen and Virgil Firefighters Spring Fever, June 10
- St. Marks Church 225th Anniversary Service; Canadian Polish Congress Annual Pilgrimage; and Tide and Vine Oysterfest, June 11
MEMBERS' ANNOUNCEMENT:
Announcement of special functions Council attended and upcoming Community events
Councillor Jim Collard provided an update regarding the Town's Active Transportation Committee Step Challenge; Town of Niagara-on-the-Lake 19th annual golf tournament October 5, 2017; Sir Adam Beck Power Plant visit he attended of behalf of Lord Mayor Pat Darte; Moffat Inn new Japanese restaurant; and Wayne Gretzsky Estates and Winery and Distillery grand opening.
Councillor Terry Flynn provided an update regarding the Niagara-on-the-Lake Safety Committee open house with Niagara Regional Police; and Niagara District Airport/Southern Ontario Airports announcement.
Lord Mayor Pat Darte read two proclamations declaring the week of June 17 to June 24, 2017 "United Empire Loyalist Week" in the Town of Niagara-on-the-Lake; and June 16, 2017 "Official Garden Day 2017" in the Town of Niagara-on-the-Lake.
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, July 10, 2017 , at 6:00 p.m. The next Council Meeting is scheduled for Monday, July 17, 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 or contact the office at 905-468-3266.
MINUTES:
Clerk to read the resolution to adopt minutes
(1) Council Meeting Minutes dated May 8, 2017
- resolution #1, APPROVED MAY 8, 2017 COUNCIL MEETING MINUTES.
DELEGATIONS:
At Clerk's discretion, delegations will be added
Non-Agenda Delegation
(1) Tree Fund Founding Advocates Presentation
Lucie Hopkins Victoria Balsom
Boyd Hopkins Cole Turcotte
Elizabeth Hopkins Claire Turcotte
Councillor John Wiens provided background information with regard to the Town's previous Tree Fund and introduced the new Tree Fund launched by staff and Communities in Bloom on May 15, 2017. Councillor Wiens announced and congratulated the six children chosen as the Founding Advocates and Lord Mayor Pat Darte handed out the certificates.
At this time Sandra Nass, Niagara-on-the-Lake Rotary Club presented Lord Mayor Pat Darte with a cheque in the amount of $2000, for the Niagara-on-the-Lake Tree Fund, from the proceeds of the sale of the Town tulip bulbs planted throughout the community.
(2) NOTL Midget BB Wolves Hockey Provincial Champions Presentation
Kevin Turcotte, Manager of Parks & Recreation highlighted the Niagara-on-the-Lake Midget BB Wolves championship season. On behalf of Council, Lord Mayor Pat Darte congratulated the team and presented plaques to the following:
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| Alex Read |
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| Frank Terpak |
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| Jake Vanderveen |
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| Cody Wall |
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| Connor Watson |
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| Chris Weier
Michael Weier |
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David Mines
Dennis Larocque
| Ryan Pauls
Garrett Sartor |
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The Midget Wolves presented Lord Mayor Pat Darte with a medal from the team. Lord Mayor Darte called upon Bryce Ivanchuk for a special presentation.
Bryce Ivanchuk, on behalf of the Board of Niagara-on-the-Lake Minor Hockey, congratulated the Midget team for their championship season, and spoke to the Board's special annual awards for minor hockey, in particular this year's "The Mr. Hockey Award". He noted the countless volunteer hours it takes to run the minor hockey program and the award exemplified the unconditional commitment as a volunteer. Mr. Ivanchuk called upon Peter Flynn to make the presentation.
Peter Flynn spoke to the young people of Niagara-on-the-Lake giving back to the community after graduating from Midget hockey, and stated this year's Mr. Hockey award was going to a young man who, after playing Midget hockey, obtained his trainers certificate, joined the coaching staff, and participated in the program for excellence in refereeing.
Mr. Flynn called upon Kyle Juras to come forward to accept this year's Mr. Hockey Award. Mr. Juras came forward to accept the award and Council congratulated him for his accomplishments.
Agenda Delegation
(1) Ken Gonyou, Upper Canada Consultants
Report CDS-17-035 534 & 538 Butler Street @ Anne Street
Councillor Betty Disero previously declared a conflict of interest with Information Report Items in regard to Residents Comments and item 1.d) Report CDS-17-035, 534-538 Butler Street Zoning By-law Amendment of the June 5, 2017 Community & Development Advisory Committee Meeting minutes as her mother owns a property in the area. Councillor Disero did not take part in any discussion of this item.
Ken Gonyou was present on behalf of the owner of 534 & 538 Butler Street and provided an explanation of the proposed zoning by-law amendment for the property.
Mr. Gonyou referred to an electronic presentation and spoke to the following:
- Proposed Anne Street Lot
- Drainage Flow: Existing and Proposed
- Cross Section - House Construction
- Photo of Anne Street Lots - 1980's
Lord Mayor Pat Darte thanked Mr. Gonyou for coming forward.
(2) Holmes Hooke, 5A Wilberforce Avenue and Leslie Frankish, 7 Wilberforce Avenue, Chautauqua Residents' Tree Inventory and Strategies
Holmes Hooke spoke to the need for tree protection measures to protect the Town's significant/glorious tree canopy, and provided background information regarding their inventorying of trees in the Chautauqua community. Mr. Holmes referred to an electronic presentation and highlighted the following:
- Chautauqua tree canopy & inventory
- Specific relationship between specific species
- Threats facing the tree canopy
Leslie Frankish spoke to the Chautauqua tree canopy and understanding what is growing here and now. Ms. Frankish referred to the electronic presentation and highlighted the following:
- 7 goals to ensure the future of the great Chautauqua tree canopy
- Inventory
- Community tree plan
- Community stewardship
- Seedling rescue program
- Tree protection short term: Barriers
- Tree protection long term: By-law
The presenters answered questions of Council and Lord Mayor Pat Darte thanked them for coming forward.
RESPONSE TO DELEGATIONS FROM COUNCIL:
COMMITTEE REPORTS:
(1) Public Community & Development Advisory Committee
Clerk to read the resolution to receive Minutes
The following application was heard at the June 5, 2017 Public Community & Development Advisory Committee Meeting:
- 421 Johnson Street - Application for Zoning By-law Amendment
- 1397 York Road & 242-246 Four Mile Creek Road - Application for Official Plan and Zoning By-law Amendments
- Official Plan Housekeeping Amendment
- resolution #2, APPROVED JUNE 5, 2017 PUBLIC COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES.
(2) Community & Development Advisory Committee
Chair Councillor Martin Mazza, Vice Chair Councillor Betty Disero
The following are the recommendations from the June 5, 2017 Community & Development Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CDS-17-032
1.1 the Official Plan Amendment application for 115, 117, 119 Johnson Street be refused; and
1.2 the Zoning By-law Amendment for 115, 117, 119 Johnson Street be approved; and
1.3 the draft Zoning By-law Amendment for 115, 117, 119 Johnson Street , attached as Appendix C and Appendix C1 to this report, be forwarded to Council for adoption
(b) Report CDS-17-033, AS AMENDED
1.1 Approve the applications for 1376 York Road (Official Plan Amendment and Zoning By-law Amendment) as submitted which would allow short-term rental accommodation in the accessory building and require the Short-term Rental Licencing By-law to be amended; and
1.2 That an information report from staff on a site plan agreement, be brought forward to the June 12th Council meeting
(c) Report CDS-17-034
1.1 The Zoning By-law Amendment for 1446 Line 6 Road be approved; and
1.2 The draft Zoning By-law Amendment, attached as Appendix B and Appendix B1 to this report, be forwarded to Council for adoption
(d) Report CDS-17-035
1.1 The Zoning By-law Amendment for 534 and 538 Butler Street be approved; and
1.2 The draft Zoning By-law Amendment, attached as Appendix B to this report, be forwarded to Council for adoption
(e) Report CDS-17-036
1.1 The Zoning By-law Amendment for 105 Delater Street be approved; and
1.2 The draft Zoning By-law Amendment for 105 Delater Street, attached as Appendix C and Appendix C1 to this report, be forwarded to Council for adoption
(f) Report CDS-17-037, AS AMENDED
1.1 this report outlining considerations for Tree Preservation and Protection be received; and
1.2 Council direct staff to hire a facilitator to engage in a public consultation process to establish an Urban Tree By-law at an estimated cost not to exceed $20,000.00
The Clerk read a brief summary from the June 5, 2017 Community & Development Advisory Committee Meeting.
Councillor Jim Collard previously declared a conflict of interest with item 1.b) Report CDS-17-033, 1376 York Road - Official Plan Amendment and Zoning By-law Amendment of the June 5, 2017 Community & Development Advisory Committee Meeting minutes as he and his wife own and operate a Short Term Rental business. Councillor Collard left the Council Chambers during deliberation of this report and did not take part in any discussion or vote on this item.
Councillor Betty Disero previously declared a conflict of interest with Information Report Items in regard to Residents Comments and item 1.d) Report CDS-17-035, 534-538 Butler Street Zoning By-law Amendment of the June 5, 2017 Community & Development Advisory Committee Meeting minutes as her mother owns a property in the area. Councillor Disero left the Council Chambers during deliberation of this report and did not take part in any discussion or vote on this item.
Councillor Jim Collard requested that item 1(d) Report CDS-17-037, as amended, Tree Preservation and Protection of the June 5, 2017 Community & Development Advisory Committee Meeting minutes be lifted for discussion and voted on separately.
Moved by Councillor Jim Collard, seconded by Councillor Martin Mazza that the following recommendation 1.3 be added to report CDS-17-037 as follows:
1.3 Council direct staff with the aid of legal advice to amend the current tree bylaw 4571-12 to establish a bylaw regulating trees on land to be developed or redeveloped; and
That such development will apply to all green and brown field sites.
That the bylaw will apply to all development or redevelopment for residential housing, commercial and industrial uses ensuring that before any development or redevelopment proceeds that council and staff shall be satisfied that there is a tree preservation, and planting plan provided by an arborist selected by the town; and
Further that the developer or redeveloper will be responsible to cover all costs of the preservation plan and planting plan as well as all arborist fees; and
That the bylaw will be incorporated into the Official Plan; and
Further that the new bylaw be tabled with the council at the September 2017 council meeting.
Discussion took place regarding tree preservation/protection and recommendation 1.2 contained in Report CDS-17-037.
Council agreed that the proposed recommendations of report CDS-17-037 be amended by adding recommendation 1.3.
A polled vote to the amendment being recommendation 1.3 to CDS-17-037 was called by Councillor Maria Bau-Coote.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | | X |
| Jim Collard | X | |
| Betty Disero | | X |
| Terry Flynn | X | |
| Jamie King | X | |
| Martin Mazza | X | |
| Paolo Miele | X | |
| John Wiens | X | |
| Lord Mayor Pat Darte | X | |
| TOTALS | 7 | 2 |
APPROVED (recommendation 1.3).
A polled vote for CDS-17-037, as amended, was called by Councillor Maria Bau-Coote.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | | X |
| Jim Collard | X | |
| Betty Disero | X | |
| Terry Flynn | X | |
| Jamie King | X | |
| Martin Mazza | X | |
| Paolo Miele | X | |
| John Wiens | X | |
| Lord Mayor Pat Darte | X | |
| TOTALS | 8 | 1 |
APPROVED AS AMENDED (CDS-17-037).
Item 1.b) Report CDS-17-033 1376 York Road - Official Plan Amendment and Zoning By-law Amendment of the June 5, 2017 Community & Development Advisory Committee Meeting minutes was lifted for discussion and voted on separately.
Discussion took place regarding the site plan/site plan process; official plan; short term rental operation; and director approved site plan agreements.
Moved by Councillor Terry Flynn, seconded by Councillor Betty Disero that recommendation 1.2 of Report CDS-17-033 be amended to be replaced with the following:
1.2 That a site plan agreement not be required at this time.
A polled vote to amend CDS-17-033 was called by Councillor Maria Bau-Coote.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | | X |
| Jim Collard (conflict) | | |
| Betty Disero | X | |
| Terry Flynn | X | |
| Jamie King | | X |
| Martin Mazza | | X |
| Paolo Miele | | X |
| John Wiens | | X |
| Lord Mayor Pat Darte | | X |
| TOTALS | 2 | 6 |
DEFEATED.
Moved by Councillor Terry Flynn, seconded by Councillor Martin Mazza that recommendation 1.2 in Report CDS-17-033 be amended to include the following:
That Council delegate authority to the Director of Community & Development Services during the site plan approval process.
A polled vote to amend CDS-17-033 was called by Councillor Maria Bau-Coote.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard (conflict) | | |
| Betty Disero | X | |
| Terry Flynn | X | |
| Jamie King | X | |
| Martin Mazza | X | |
| Paolo Miele | X | |
| John Wiens | X | |
| Lord Mayor Pat Darte | X | |
| TOTALS | 8 | 0 |
APPROVED..
Report CDS-17-033, as amended, was voted on and approved.
Item 1.d) Report CDS-17-035 534-538 Butler Street Zoning by-law Amendment of the June 5, 2017 Community & Development Advisory Committee Meeting minutes was lifted for discussion and voted on separately and approved.
- resolution #3, APPROVED, AS AMENDED, JUNE 5, 2017 COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES.
(3) Operations Advisory Committee
Chair Councillor Jim Collard, Vice Chair Councillor Jamie King
The following are the recommendations from the June 5, 2017 Operations Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report OPS-17-033
1.1 That Council adopt the Engineering Report for the Sloma Drain 2015 prepared by K. Smart Associates Limited, dated August 7, 2015 in accordance with section 78 and 65 of the Drainage Act, R.SO. 1990; and
1.2 That Council direct the Clerk to create a provisional bylaw, set a date for the first sitting of the Court of Revision and to distribute the Provisional By-law and the Notice of the Court of Revision, in accordance with Sections 46(2) and 46(3) of the Drainage Act, R.S.O. 1990
(b) Report OPS-17-034
1.1 The encroachment agreement for property known as 6 Wilberforce Avenue, to recognize an existing verandah, steps and eaves trough, be approved and that the agreement be forwarded to the owners for signature
(c) Report OPS-17-035
1.1 that the following location be added to the 2017 Hot Mix Paving Program:
a) John Street - Victoria Street to Niagara Stone Road
1.2 that the work not exceed the balance as approved in report OPS-17-019, 2017 Hot Mix Paving Program $562,630.00
d) Report OPS-17-036
1.1 That the Lord Mayor and Clerk be authorized to execute an encroachment agreement between The Corporation of the Town of Niagara-on-the-Lake and the owner of the property identified as Roll #2627020012017 (Wiens Farms) for a private buried irrigation line occupying portions of the Concession 2 Rd. and Line 1 Rd. road allowances, to be located on the west side of Concession 2 Road and connecting at both north and south termini with buried irrigation lines located on private property
(e) Report OPS-17-037
1.1 That Council authorize the Lord Mayor and Clerk to execute the automatic aid agreement attached to this report for the provision of water and ice rescue services with the City of St. Catharines Fire Services; and
1.2 That staff conduct the necessary research to provide a report regarding potential in-house water and ice rescue options for Council’s consideration by first quarter of 2018
(f) Report OPS-17-038
1.1 That Council approve the purchases as outlined in Appendix #1 of this report in the amount not to exceed $250,000 to be funded from the capital reserves
(g) Report OPS-17-039
1.1 that Council approve the hiring of Shoreplan Engineering Limited to assist in improving shoreline protection at the dock area, with funds being used from the Dock Area Reserve, not exceeding $50,000; and
1.2 that Council approve all costs related to the protection and repair due to the high water level be charged to the Dock Area Reserve
The Clerk read a brief summary from the June 5, 2017 Operations Advisory Committee Meeting.
- resolution #4, APPROVED JUNE 5, 2017 OPERATIONS ADVISORY COMMITTEE MEETING MINUTES.
(4) Corporate Services Advisory Committee
Chair Councillor Maria Bau-Coote, Vice Chair Councillor John Wiens
The following are the recommendations from the June 5, 2017 Corporate Services Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CS-17-016
1.1. The Niagara Jazz Festival be granted a Special Event Permit for the use of Simcoe Park in Niagara-on-the-Lake on July 29, 2017; and
1.2. The Niagara Jazz Festival be granted permission to use eight (8) parking spaces on Byron Street adjacent to Simcoe Park between 8:00 a.m. to 8:00 p.m. free of charge; and
1.3. The Niagara Jazz Festival be granted permission the use of sound amplification for musical performances using the bandshell during the time of 11:00 a.m. to 7:00 p.m.; and
1.4. That the service of beer, wine, and food be permitted within the park for the duration of the Niagara Jazz Festival Event provided that the following conditions are met:
1.4.1 A deposit of $5,000 in case of damage to Town property or recovery of staff and Town resources.
1.4.2 $5 million dollar insurance certificate naming The Corporation of the Town of Niagara-on-the-Lake, as an Additional Insured.
1.4.3 The event organizers provide sufficient security measures within the park during the event.
(b) Report CS-17-017
1.1. That the Council of The Corporation of the Town of Niagara-on-the-Lake declare the Outlet Collection Beer Garden event at 300 Taylor Road, to be of Municipal Significance in order to obtain a Special Occasions Permit from the Alcohol and Gaming Commission of Ontario for all weekends (Friday, Saturday, and Sunday) beginning Friday June 16th, 2017 and ending Sunday October 8, 2017
(c) Report CS-17-018
1.1 That the insurance renewal proposal from Jardine Lloyd Thompson Canada Inc. for the 12-month term June 30, 2017 to June 30, 2018, in the amount of $325,733.00 (approximately 6.7% increase) plus applicable taxes be forwarded to Council for approval; and
1.2 That the Director of Corporate Services be authorized to sign the required acceptance documents on behalf of the Corporation
(d) Report CS-17-019
1.1 Council support the purchase WorkTech Modules to create a work management system; and
1.2 The Clerk prepare a by-law to authorize the Lord Mayor and Clerk to enter into a contract with WorkTech Inc. for the supply and implementation of Worktech modules; and
1.3 To fund the total cost of the project of $100,000 in the following manner:
- $70,000 from the Capital Reserve
- $15,000 from the Water Capital Improvement Reserve
- $15,000 from the Wastewater Capital Improvement Reserve
(e) Report CS-17-020
1.1 That Council authorize staff to proceed with the completion of a Phase II Environmental Assessment and an Asset Valuation for the Niagara District Airport at the proportionate rate outlined in the report and upon completion of these processes report back to Council with options for the divesting of the Niagara District Airport; and
1.2 That Niagara-on-the-Lake's contribution being one third of the total estimated costs ($25,000) of a Phase II Environmental Assessment and Asset Valuation, be charged to Account 100-9010-40900, Corporate Operating Budget
The Clerk read a brief summary from the June 5, 2017 Corporate Services Advisory Committee Meeting.
- resolution #5, APPROVED JUNE 5, 2017 CORPORATE SERVICES ADVISORY COMMITTEE MEETING MINUTES.
BY - LAWS:
Clerk to introduce the by-laws before Council
Clerk to read resolution(s) for readings of by-laws
(by-laws and agreements are available for viewing in the Clerk's Department)
By-law 4974-17 For Two Readings
4974-17- A by-law to provide for a drainage works in the Town of Niagara-on-the-Lake, in the Regional Municipality of Niagara, to be known as the Sloma Drain
By-law 4974-17 was lifted and voted on separately for two readings and approved.
- resolution # 6, BY-LAW 4974-17 RECEIVED TWO READINGS.
500XB-17- 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 (1446 Line 6 Road)
4316CJ-17- A by-law to amend By-law No. 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk, height, location, and spacing of buildings and structures with the Town of Niagara-on-the-Lake (489-495 Victoria Street)
4316CK-17 A by-law to amend By-law No. 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk, height, location, and spacing of buildings and structures with the Town of Niagara-on-the-Lake (Southeast Corner - John Street West Victoria Street)
4316CL-17- A by-law to amend By-law No. 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk, height, location, and spacing of buildings and structures with the Town of Niagara-on-the-Lake (115-119 Johnson Street)
4316CM-17- A by-law to amend By-law No. 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk, height, location, and spacing of buildings and structures with the Town of Niagara-on-the-Lake (1376 York Road)
4316CN-17- A by-law to amend By-law No. 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk, height, location, and spacing of buildings and structures with the Town of Niagara-on-the-Lake (105 Delater Street)
4316CO-17- A by-law to amend By-law No. 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk, height, location, and spacing of buildings and structures with the Town of Niagara-on-the-Lake (534 & 538 Butler Street)
4975-17- A by-law to authorize and agreement between The Corporation of the Town of Niagara-on-the-Lake and The Corporation of the City of St. Catharines (Automatic Aid Agreement – Boat, Water & Ice Rescue Services)
4976-17- A by-law to execute the Community Fund for Canada's 150th Grant Agreement between The Corporation of the Town of Niagara-on-the-Lake on behalf of Queenston Residents Association and Community Foundations of Canada (Queenston Celebrates Canada's 150th)
4977-17- A by-law to authorize an encroachment agreement between The Corporation of the Town of Niagara-on-the-Lake and 1834573 Ontario Inc. (6 Wilberforce Avenue)
4978-17- A by-law pursuant to Section 17 of the Ontario Planning Act to amend the Town of Niagara-on-the-Lake Official Plan (OPA No. 70 - Part Lot 89, 1376 York Road)
4979-17- A by-law to authorize the Lord Mayor and Town Clerk to sign documents pertaining to an easement from the Regional Municipality of Niagara to The Corporation of the Town of Niagara (Lands at Taylor Road over Parts 25-32, 42, 44, 48 & 49 Plan 30R-14403)
4980-17- A by-law to permit the Lord Mayor and Town Clerk to sign the necessary documents pertaining to the agreement between The Corporation of the Town of Niagara-on-the-Lake and WorkTech Inc. (Asset Management System)
Councillor Jim Collard previously declared a conflict of interest with By-law 4316CM-17 and By-law 4978-17 as he and his wife own and operate a short term rental business. Councillor Collard did not take part in any discussion or vote on any readings of these by-laws.
By-law 4316CM-17 and By-law 4978-17 were lifted and voted on separately for three readings and approved.
Councillor Betty Disero previously declared a conflict of interest with By-law 4316CO-17 as her mother lives in the area. Councillor Disero did not take part in any discussion or vote on any readings of this by-law.
By-law 4316CO-17 was lifted and voted on separately for three readings and approved.
The balance of the by-laws were voted on for three readings and approved.
- resolution #7, BY-LAWS RECEIVED THREE READINGS.
CORRESPONDENCE AND MOTIONS:
Clerk to read resolution to receive Information Package(s)
1. Information Package(s):
- resolution # 8, RECEIVED JUNE 8, 2017 INFORMATION PACKAGE FOR INFORMATION.
2. The following resolution(s) be adopted:
Moved by Councillor Betty Disero, seconded by Councillor Jamie King that the correspondence motions be amended to the following order. APPROVED.
(a) Councillor Betty Disero - Municipal Tree Protection
A polled vote was called by Councillor Betty Disero.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | X | |
| Betty Disero | X | |
| Terry Flynn | X | |
| Jamie King | X | |
| Martin Mazza (absent) | | |
| Paolo Miele (absent) | | |
| John Wiens | X | |
| Lord Mayor Pat Darte | X | |
| TOTALS | 7 | 0 |
APPROVED..
- resolution #9, APPROVED.
(b) Councillor Betty Disero - Chautauqua Community Tree Plan
A polled vote was called by Councillor Betty Disero.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | X | |
| Betty Disero | X | |
| Terry Flynn | X | |
| Jamie King | X | |
| Martin Mazza (absent) | | |
| Paolo Miele | X | |
| John Wiens | X | |
| Lord Mayor Pat Darte | X | |
| TOTALS | 8 | 0 |
APPROVED..
- resolution #10, APPROVED.
(a) Councillor Paolo Miele - 2018 Municipal Election
Councillor Paolo Miele withdrew his 2018 Municipal Election motion.
(b) Councillor Paolo Miele - Bicycle Safety
Discussion took place regarding law enforcement; Niagara-on-the-Lake Community Safety Committee; and the Town's Active Transportation Committee.
Moved by Councillor Paolo Miele, that the (bicycle safety) motion be amended to read:
Whereas the Town of Niagara-on-the-Lake has experienced an increase in the amount of seasonal cyclists on roadways;
And Whereas many of the cyclists are operating bicycles provided from rental businesses within the Town and may be unfamiliar with the rules of the road or safety standards;
THAT the issue be referred to the NOTL Safety Committee for review.
- resolution #11, APPROVED, AS AMENDED.
(c) Councillor Betty Disero - Public Transit Routes
Discussion took place and Council agreed that staff report back to Council by way of an information report.
- resolution #12, APPROVED.
(f) Lord Mayor Pat Darte - Municipal Disaster Recovery Assistance
- resolution #13, APPROVED.
(g) Councillor Terry Flynn - Line 3 Road - Four Mile Creek Road Intersection
Discussion took place regarding the intersection; and the Clerk read a statement from the Niagara Region July 11, 2017 Public Works Committee meeting regarding speed limits and an overhead flashing beacon for the area.
- resolution #14, APPROVED.
(h) Councillor Betty Disero - Official Plan Consolidation
Discussion took place and Council agreed to amend the motion to read:
That Staff be directed to report on including policies in the existing Official Plan allowing the Town to implement the provisions of Section 37 of the Planning Act regarding increases in the height and density of development in return for the provision of such facilities, services or matters.
A polled vote was called by Councillor Betty Disero.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | | X |
| Jim Collard | | X |
| Betty Disero | X | |
| Terry Flynn | X | |
| Jamie King | X | |
| Martin Mazza | | X |
| Paolo Miele | | X |
| John Wiens | X | |
| Lord Mayor Pat Darte | X | |
| TOTALS | 5 | 4 |
- resolution # 15, APPROVED.
(i) Councillor Jim Collard - Queen Street Pedestrian Mall
Discussion took place regarding the impact of a pedestrian mall on Queen Street. Further discussion took place with regard to the various aspects that need to be explored.
A polled vote was called by Councillor Jamie King.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | X | |
| Betty Disero | | X |
| Terry Flynn | X | |
| Jamie King | | X |
| Martin Mazza | X | |
| Paolo Miele | X | |
| John Wiens | X | |
| Lord Mayor Pat Darte | X | |
| TOTALS | 7 | 2 |
APPROVED..
- resolution #16, APPROVED.
Moved by Councillor Martin Mazza, seconded by Councillor Jamie King that the Council meeting be extended to 11:15 p.m.
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 or Committee of the Whole for consideration at the next or a subsequent regular meeting of Council, and the same shall then be included in the notice of the Meeting at which it is to be considered."
There were no notice of motions brought forward at this meeting.
NEW BUSINESS:
New Business may be introduced at a regular Meeting under adoption of the Agenda. Items of direction to staff must be in the form of a motion.
Council spoke to the following:
- Town boulevards enforcement
- RR 55 Virgil south side traffic
- Proposed pedestrian crosswalks
- City of Welland - Niagara Region development charges motion
CLOSED SESSION:
Clerk to read resolution
The Municipal Act 2001, as amended,
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; specifically a property on King Street
- Section 239.(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically Epp Drain
- Section 239.(2)(b) personal matters about an identifiable individual, including municipal or local board employees
- Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Queen Street
At 10:40 p.m. the following motion was read in open session:
Moved by Councillor Betty Disero, seconded by Councillor Maria Bau-Coote that Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; specifically a property on King Street; and
- Section 239.(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically Epp Drain; and
- Section 239.2(b) personal matters about an identifiable individual, including municipal or local board employees; and
- Section 239. (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Queen Street.
APPROVED (resolution #17).
At 11:12 p.m. the following motions were read in open session:
Moved by Councillor Betty Disero, seconded by Councillor Maria Bau-Coote that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; specifically a property on King Street, with no report.
APPROVED (resolution #18).
Moved by Councillor Betty Disero, seconded by Councillor Maria Bau-Coote that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically the Epp Drain, with no report.
APPROVED (resolution #19).
Moved by Councillor Betty Disero, seconded by Councillor John Wiens that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(f) advise that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Queen Street with no report.
APPROVED (resolution #20).
Moved by Councillor Maria Bau-Coote, seconded by Councillor Betty Disero that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.2(b) personal matters about an identifiable individual, including municipal or local board employees, with the following:
That leave be given to introduce By-law Nos. 4982-17 and 4983-17 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 (resolution #21).
PROCEEDINGS BY-LAW:
Clerk to read resolution for reading of by-law
4981-17- A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on June 12, 2017
- resolution #22, BY-LAW RECEIVED THREE READINGS.
RESOLUTIONS:
1. Moved by Councillor John Wiens, seconded by Councillor Jim Collard that the minutes of the Council meeting held May 8, 2017 be adopted.
APPROVED.
2. Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that the Public Community & Development Advisory Committee minutes dated June 5, 2017 be received, regarding:
· 412 Johnson Street - Application for Zoning By-law Amendment
· 1397 York Road & 242-246 Four Mile Creek Road - Application for Official Plan and Zoning By-law Amendments
· Official Plan House Keeping Amendment
APPROVED.
3. Moved by Councillor Martin Mazza, seconded by Councillor Jamie King that the Minutes and Reports of the June 5, 2017 Community & Development Advisory Committee Meeting be adopted.
APPROVED, AS AMENDED.
4. Moved by Councillor Jim Collard, seconded by Councillor Jamie King that the Minutes and Reports of the June 5, 2017 Operations Advisory Committee Meeting be adopted.
APPROVED.
5. Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that the Minutes and Reports of the June 5, 2017 Corporate Services Advisory Committee Advisory Committee Meeting be adopted.
APPROVED.
6. Moved by Councillor John Wiens, seconded by Councillor Maria Bau-Coote that leave be given to introduce By-law No. 4974-17, and that the same be considered read a first and second time, any ruling of this Council to the contrary notwithstanding.
APPROVED.
7. Moved by Councillor Martin Mazza, seconded by Councillor John Wiens that leave be given to introduce By-law Nos. 500XB-17, 4316CJ-17, 4316CK-17, 4316CL-17, 4316CM-17, 4316CN-17, 4316CO-17, 4975-17, 4976-17, 4977-17, 4978-17, 4979-17 and 4980-17 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.
8. Moved by Councillor John Wiens, seconded by Councillor Maria Bau-Coote that Council receive the June 8, 2017 Information Package for information.
APPROVED.
9. Moved by Councillor Betty Disero, seconded by Councillor John Wiens THEREFORE BE IT RESOLVED that the staff be requested to implement a process to protect existing trees on municipal property while construction is taking place as part of the building permit process requirements.
APPROVED.
10. Moved by Councillor Betty Disero, seconded by Councillor Terry Flynn that staff receive the Chautauqua Residents Association Community Tree Plan; and
Further that this document be referenced for future planning discussions.
APPROVED.
11. Moved by Councillor Paolo Miele, seconded by Councillor John Wiens
WHEREAS The Town of Niagara-on-the-Lake has experienced an increase in the amount of seasonal cyclists on roadways;
AND WHEREAS many of the cyclists are operating bicycles provided from rental businesses within the Town and may be unfamiliar with the rules of the road or safety standards; and
THAT the issue be referred to the NOTL Safety Committee for review.
APPROVED, AS AMENDED.
12. Moved by Councillor Betty Disero, seconded by Councillor Jamie King BE IT RESOLVED that Town staff be directed to investigate and report back to Council on options to reroute the public transit bus route between the community centre to Old Town, along Mississauga and Mary Street, due to the amount of construction scheduled on John Street, Anne Street, Victoria Street and King Street.
APPROVED.
13. Moved by Councillor Jim Collard, seconded by Councillor Betty Disero
WHEREAS the Town of Niagara-on-the-Lake recently experienced significant flooding events beginning May 5, 2017 and has experienced incremental operating and capital costs.
THEREFORE BE IT RESOLVED that the Council of The Corporation of the Town of Niagara-on-the-Lake hereby requests the Minister of Municipal Affairs and Housing to activate the Municipal Disaster Recovery Assistance program;
AND FURTHER that the Director of Operations be given delegated authority to verify and attest to the accuracy of any claims to be submitted.
APPROVED.
14. Moved by Councillor Terry Flynn, seconded by Councillor Betty Disero
WHEREAS many motor vehicle collisions and near misses, have been happening at the intersection of Line 3 Road and Four Mile Creek Road;
AND WHEREAS construction on Regional Road 55 has increased traffic at this intersection;
AND WHEREAS GPS directs tourists to this intersection as part of the wine route.
NOW THEREFORE be it resolved, the Council of the Corporation of the Town of Niagara-on-the-Lake request the Region to investigate the intersection of Line 3 Road and Four Mile Creek Road and recommend solutions to avoid further collisions as this is the Region's intersection;
AND FURTHER the Lord Mayor and Regional Councillor be requested to bring this forward at Regional Council; and
AND that in the interim the Town immediately install flashing red beacons on the top of both stop signs on Line 3 Road at Four Mile Creek Road at cost of approximately $4,000 to be paid from the Operating Budget.
APPROVED.
15. Moved by Councillor Betty Disero, seconded by Councillor Terry Flynn that Staff be directed to report on including policies in the existing Official Plan allowing the Town to implement the provisions of Section 37 of the Planning Act regarding increases in the height and density of development in return for the provision of such facilities, services or matters.
16. Moved by Councillor Jim Collard, seconded by Councillor Terry Flynn
WHEREAS there are many examples of communities that have created pedestrian malls on their streets;
AND WHEREAS it may be in the best interests of our residents and visitors to restrict the flow of traffic and parking within the Town of Niagara-on-the-Lake Queen Street commercial district;
AND WHEREAS it is Council’s hope to have a conversation with our residents, business operators and restauranteurs about such an opportunity.
THEREFORE BE IT RESOLVED that the Council of The Corporation of the Town of Niagara-on-the-Lake enter into discussions with our residents, restauranteurs and shop keepers, including the Chamber of Commerce, about turning all or part of Queen Street into a pedestrian mall;
AND FURTHER be it resolved that the discussion should include but not be limited to the following:
· Size of the area to be considered
· Fire safety
· Garbage Pickup
· Police protection
· Hours of Delivery to shops and restaurants
· Creation of New Parking sites for residents, visitors and employees
· Maintaining parking revenue
· Use and rent of the sidewalk and or streets for restauranteurs.
· Hours of operation of the mall
· Type of bollard necessary to keep traffic out of the area
· Special events to be held on the street
· Potential redesign of the street
- And more as the discussion unfolds
APPROVED.
17. Moved by Councillor Betty Disero, seconded by Councillor Maria Bau-Coote that Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; specifically a property on King Street; and
- Section 239.(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically Epp Drain; and
- Section 239.2(b) personal matters about an identifiable individual, including municipal or local board employees; and
- Section 239. (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Queen Street.
APPROVED.
18. Moved by Councillor Betty Disero, seconded by Councillor Maria Bau-Coote that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; specifically a property on King Street, with no report.
APPROVED.
19. Moved by Councillor Betty Disero, seconded by Councillor Maria Bau-Coote that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically the Epp Drain, with no report.
APPROVED.
20. Moved by Councillor Betty Disero, seconded by Councillor John Wiens that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(f) advise that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Queen Street with no report.
APPROVED.
21. Moved by Councillor Maria Bau-Coote, seconded by Councillor Betty Disero that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.2(b) personal matters about an identifiable individual, including municipal or local board employees, with the following:
That leave be given to introduce By-law Nos. 4982-17 and 4983-17 and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding.
22. Moved by Councillor Betty Disero, seconded by Councillor John Wiens that leave be given to introduce By-law No. 4981-17, and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding.
23. Moved by Councillor John Wiens, seconded by Councillor Betty Disero that this Council adjourn to the next regular meeting to be held July 17, 2017, and if a special meeting is required, it will be held at the call of the Lord Mayor.
APPROVED.
VERBAL MOTIONS:
1. Moved by Councillor Terry Flynn, seconded by Councillor John Wiens that the agenda be adopted, as amended.
2. Moved by Councillor Jim Collard, seconded by Councillor Martin Mazza that the following recommendation 1.3 be added to report CDS-17-037 as follows:
1.3 Council direct staff with the aid of legal advice to amend the current tree bylaw 4571-12 to establish a bylaw regulating trees on land to be developed or redeveloped; and
That such development will apply to all green and brown field sites.
That the bylaw will apply to all development or redevelopment for residential housing, commercial and industrial uses ensuring that before any development or redevelopment proceeds that council and staff shall be satisfied that there is a tree preservation, and planting plan provided by an arborist selected by the town; and
Further that the developer or redeveloper will be responsible to cover all costs of the preservation plan and planting plan as well as all arborist fees; and
That the bylaw will be incorporated into the Official Plan; and
Further that the new bylaw be tabled with the council at the September 2017 council meeting.
APPROVED.
3. Moved by Councillor Terry Flynn, seconded by Councillor Betty Disero that recommendation 1.2 of Report CDS-17-033 be amended to be replaced with the following:
1.2 That a site plan agreement not be required at this time.
DEFEATED.
4. Moved by Councillor Terry Flynn, seconded by Councillor Martin Mazza that recommendation 1.2 in Report CDS-17-033 be amended to include the following:
That Council delegate authority to the Director of Community & Development Services during the site plan approval process.
Moved by Councillor Betty Disero, seconded by Councillor Jamie King that the correspondence motions be amended to the following order.
APPROVED.
5. Moved by Councillor Paolo Miele, that the (bicycle safety) motion be amended to read:
Whereas the Town of Niagara-on-the-Lake has experienced an increase in the amount of seasonal cyclists on roadways;
And Whereas many of the cyclists are operating bicycles provided from rental businesses within the Town and may be unfamiliar with the rules of the road or safety standards;
THAT the issue be referred to the NOTL Safety Committee for review.
6. Moved by Councillor Martin Mazza, seconded by Councillor Jamie King that the Council meeting be extended to 11:15 p.m.
APPROVED.
ADJOURNMENT: 11:15 AM |
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