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PRESENT:
Lord Mayor Dave Eke, Councillors: Maria Bau-Coote, Jim Collard, Dennis Dick, Terry Flynn, Andrea Kaiser, Jamie King, Martin Mazza, Gary Zalepa
REGRETS:
STAFF:
M. Galloway Chief Administrative Officer
H. Dowd Town Clerk
V. Butters Deputy Clerk
S. Randall Director of Corporate Services
E. Kuczera Director of Public Works
C. Buist Director of Parks & Recreation
M. Avramovic Director of Community & Development
J.Henricks Manager of Planning
L. Emberson Development Co-ordinator
F. Cervantes Manager of IT
L. Tremblay Information Technology & Communications Support
D. Jensen Zoning Clerk
M. Komljenovic GIS Technologist
D. McInnis Program Manager, Communications & Customer
OTHERS:
C. Shedden Town Solicitor
MEDIA:
S. Ferguson Niagara Advance
S. Mason St. Catharines Standard
Representative from Cogeco
Page 2 - May 7, 2012 Council Minutes
CALL TO ORDER:
The Lord Mayor called the meeting to order at 7:00 p.m.
PRAYER:
Councillor Jim Collard opened the meeting with a prayer.
O'CANADA:
Council and all those present sang O'Canada.
ADOPTION OF THE AGENDA:
(New Business Items and Notice of Motions are to be listed when the agenda is amended)
The following items were added to the agenda:
- Under Closed Session an additional item, under the The Municipal Act 2001, as amended, Section 239 (2)(e) and/or Section (2)(b), dealing with tax arrear properties (this item was listed on the Closed Session Agenda, but not listed on the Council Agenda)
- Motion required under Correspondence to declare the Lord Mayor's Bicentennial Community Kick-Off, Friday, May 25, 2012 "of Municipal Significance" in order to obtain a special event permit from the Alcohol and Gaming Commission of Ontario
- Agenda delegation, Val O'Donnell, 315 Palatine re: The importance of retaining the median, was received before the 10:00 a.m. deadline
- Councillor Jim Collard requested to speak to May 2, 2012 Information Package items 10-13 wineries' letters/noise by-law; and, item 22 AMO Breaking News - rising cost of police services update
Page 3 - May 7, 2012 Council Minutes
- Councillor Gary Zalepa requested to speak to May 3 Information Package item 22 AMO Breaking News - rising cost of police services update; item 20 Niagara Region Media Release - Niagara to host Green Fleet Expo; International Nurses Week; Workers' Welcome Concert; GO Bus announcement re: service to NOTL June 23-September 3; Councillor Collard's appointment OSUM Board President; and notice of motion for the next Council meeting regarding 244 Regent Street
Councillor Martin Mazza advised he would not take part in the additional Closed Session item under the Municipal Act section 239 (2)(b) personal matters about an identifiable individual... specifically dealing with property taxes as he did not know if he had a conflict of interest with any of the individuals.
The Clerk and CAO clarified that Council was advised the properties list relating to tax arrears was available for viewing and further offered Councillor Mazza a copy to review before going into closed session.
Moved by Councillor Terry Flynn, seconded by Councillor Jamie King that the agenda be adopted as presented and amended by adding additional items as noted. APPROVED.
CONFLICT OF INTEREST:
Councillor Jim Collard declared a conflict of interest with item 1.a) Report CDS-12-029 255 King Street Application for Zoning By-law Amendment to Permit a Four Room Country Inn of the April 30, 2012 Community & Development Advisory Committee Minutes as his wife owns and operates a Bed and Breakfast Establishment.
Councillor Gary Zalepa declared a conflict of interest with item 1.f) Report CDS-12-033 Sign Variance Committee Minutes - April 11, 2012 of the April 30, 2012 Community & Development Services Committee Minutes, specifically recommendation 1.2.3 as it deals with a real estate sign, which he missed declaring at the April 30, 2012 Community & Development Advisory Committee meeting.
Page 4 - May 7, 2012 Council Minutes
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:
Lord Mayor Dave Eke spoke to the following:
- April 17, Paul Harris Awards Night Dinner
- April 18, EMTERRA Contribution Announcement - New Health Care Complex
- April 19, Niagara-on-the-Lake Hydro Announcement - Overview of 10 year burial plan for Hydro service in Old Town/future supply options for vehicle charging stations
- April 21,
-10th Field Battery Parade and Service - Battle of St. Julien
-65th Anniversary Niagara Supper Club
- April 23, Heritage Special Council Meeting
- April 24, Beijing China Delegation - China National Publications Import and Export Corporation
- April 25, Inaugural Lord Mayor's Prayer Breakfast
- April 27,
-Ken Rive, Facilities Supervisor - Retirement Event
-Shaw Festival Tourism Night Recognition Evening
- April 28, Niagara Regional Labour Council - National Day of Mourning
- May 3, Dr. Kevin Smith, NHS Supervisor - progress update Interim Draft Report, Closure of Niagara-on-the-Lake NHS site
- May 4, 2012 Ontario Wine Awards Gala Celebration
- May 7, Ontario Provincial Police Association Spring Conference welcome
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,
May 28, 2012 at 6:30 p.m. The next Council Meeting is scheduled for Monday, June 4, 2012 at 7:00 p.m. Start times of meetings can be subject to change, please visit www.notl.org.
All delegation requests must be submitted to the Clerk's Department by 10:00 a.m. on the day of the meeting. For more detailed information, please visit the Town's website at www.notl.org or contact the Clerk's Department at 905-468-3266.
Page 5 - May 7, 2012 Council Minutes
MINUTES:
Clerk to read the resolution to adopt minutes
(1) Council Meeting Minutes dated April 16, 2012
- resolution #1, APPROVED APRIL 16, 2012 MINUTES.
(2) Special Heritage Council Meeting Minutes dated April 23, 2012
The Clerk advised the April 23, 2012 Special Council Minutes would be corrected to reflect Councillor Gary Zalepa's absence; and, it was noted that Willowbank School of Restoration Arts would like to host the 2013 Special Heritage Council Meeting.
- resolution #2, APPROVED APRIL 23, 2012 MINUTES.
DELEGATIONS:
At Clerk's discretion, delegations will be added (Deadline 10:00 a.m. on the morning of the meeting)
Non-Agenda Delegation
(1) Town of Niagara-on-the-Lake
GIS Strategic Plan 2012 - 2015
The CAO provided background information with respect to staff who have worked on this project and called upon Fred Cervantes, Manager of IT to provide Council with an update as to the programs capabilities.
Mr. Cervantes provided background information with respect to the staff committee and its ask to write a new plan for the Town's current GIS System. Mr. Cervantes referred to a powerpoint presentation and provided an overview of the following:
- Executive Summary
- Introduction
- GIS Operations for the Town
- GIS Strategic Plan Development Phases
Page 6 - May 7, 2012 Council Minutes
- GIS Strategic Plan Implementation
- Recommendations
- Conclusion
- Appendices
In closing, Mr. Cervantes noted the Town is now in a position with the implementation of this GIS Plan to build upon the foundation in GIS that has already been established. He stated the entire organization can now be incorporated into continued development of a Corporate wide GIS while taking advantage of existing partnerships and emerging GIS technology that will provide benefits to all employees as well as improved services to our customers.
Mr. Cervantes answered questions of Council and Lord Mayor Eke thanked him for presenting GIS Strategic Plan 2012-2015.
Agenda Delegation
(1) Val O'Donnell, 315 Palatine Place
Regional Road 55 Median - Parks & Recreation Report RC-12-010
Ms. O'Donnell stated she was present to ask Council to retain the Regional Road 55 Median as it could become part of an interesting entrance to the Old Town, especially with the upcoming 1812 Bicentennial celebrations. Ms. O'Donnell spoke to the current condition of the median and compared it to flourishing medians in St. Catharines, Vineland, and Burlington. Ms. O'Donnell noted her concerns with the image for the entrance to Town and the benefit of having a thriving median as in other areas.
In answer to a question, the CAO clarified the proposed recommendations for the median; regional/municipal responsibilities; and, the Town's Property Standards By-law.
Ms. O'Donnell answered questions of Council and Lord Mayor Eke thanked her for coming forward.
RESPONSE TO DELEGATIONS FROM COUNCIL:
Page 7 - May 7, 2012 Council Minutes
COMMITTEE REPORTS:
(1) Public Community & Development Advisory Committee
Clerk to read the resolution to receive Minutes
The following application was heard at the April 30, 2012 Public Community & Development Advisory Committee Meeting:
- 255 King Street - Application for Zoning By-law Amendment
Councillor Jim Collard previously declared a conflict of interest with item 1.a) Report CDS-12-029 255 King Street Application for Zoning By-law Amendment to Permit a Four Room Country Inn of the April 30, 2012 Public Community & Development Advisory Committee Minutes as his wife owns and operates and Bed and Breakfast Establishment. He did not take part in any discussion or vote on this item.
- resolution #3, RECEIVED APRIL 30, 2012 PUBLIC COMMUNITY & DEVELOPMENT SERVICES ADVISORY COMMITTEE MINUTES.
(2) Community & Development Advisory Committee
Chair Councillor Jamie King, Vice Chair Councillor Dennis Dick
The following are the recommendations from the April 30, 2012 Community & Development Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CDS-12-029 - Defeated 255 King Street -Application for Zoning By-law Amendment to Permit a Four Room Country Inn
(b) Report CDS-12-030
1.1 the Subdivision Agreement, attached to this report, for the lands identified as "Garrison Village-Phase IV" Subdivision’ lying east of Norton Street and north of Niagara Stone Road to permit residential development be approved and forwarded to the Owner for signature and upon return be forwarded to Council for approval
Page 8 - May 7, 2012 Council Minutes
(c) Report CDS-12-026A
1.1 that report CDS-12-026 be received and the recommendations be set aside; and
1.2 that Appendices A and B attached to report CDS-12-026A, being a General Amendment to Zoning By-law 4316-09, and the establishment of a new "Established Residential (ER3) Zone" in the Dock Area, be forwarded to Council for adoption; and
1.3 that the proposed zoning by-law amendments are consistent with the Provincial Policy Statement and conforms to the Provincial Plan, the Regional Policy Plan and the Town Official Plan; and
1.4 that no further public meeting is required
(d) Report CDS-12-031, 607 King Street
1.1 that in this instance Council not retain legal counsel and a professional planner to support the Committee of Adjustment's decision to amend a condition 4(f) of the planning staff recommendation with respect to Consent Applications B-33/11, B-34/11 and B-35/11
(e) Report CDS-12-032
1.1 that the April 11, 2012 Municipal Heritage Committee minutes be received; and,
1.2 that the following recommendations from the April 11, 2012 Municipal Heritage Committee meeting be approved:
1.2.1 - that the minutes of the Municipal Heritage Committee meeting held March 13, 2012 be received
1.2.2 - that the Ontario Heritage Act Permit application to install a fascia board sign above the entrance and display window of Unit 3 at 6 Queen Street according to the specifications submitted on March 14, 2012 be approved with the following conditions:
- the sign be manufactured from the same material as is currently used for the adjacent sign on the left
- if PVC is used to manufacture the sign it cannot have a shiny surface and must resemble wood
1.2.3 - that the Ontario Heritage Act Permit application to replace an existing window with a door and construct a staircase at the rear of the building at 9-11 Queen Street according to the specifications submitted on March 20, 2012 be approved with the following condition:
- that the applicant obtains a Building Permit for the staircase
Page 9 - May 7, 2012 Council Minutes
1.2.4 - that the Ontario Heritage Act Permit application to install an "Old Town Goodies" sign on the valence of the awning, and window signs and logos at 29 Queen Street according to the specifications submitted on March 27, 2012 be approved with the following condition that the applicant applies for a Sign Permit
1.2.5 - that the Ontario Heritage Act Permit application to remove existing shingles and install a cedar roof on the coach house at 392 Mississauga Street according to the specifications outlined in the Standards and Guidelines for Conservation and Change of Historic Places in Canada, the quote from Simply Cedar Roofing and the application submitted on March 21, 2012, be approved
- that the Heritage Restoration and Improvement Grant in the amount of $7,006.00 to install the cedar roof on the coach house at 392 Mississauga Street be approved
1.2.6 - that the Ontario Heritage Act Permit application to restore the basement kitchen and the chimneys at 215 Four Mile Creek Road according to the specifications outlined in the Standards and Guidelines for Conservation and Change of Historic Places in Canada, be approved
- that the Heritage Restoration and Improvement Grant to repair, re-plaster, restore the basement kitchen and rebuild, repoint and restore the chimneys in accordance with the specifications and quotes provided by Drew Chapman Carpentry and Pete's Masonry in the amount of $9,809.74 to be shared 50/50 between the Town and the Region of Niagara, be approved
1.2.7 - that the following correspondence, notices and publications be received;
- Heritage, Magazine of the Heritage Canada Foundation, Vol.XV, No.1, 2012
- CHO News, March 2012
- FML Listings - Toronto Real Estate, March 15, 2012
- A window on energy efficiency, Financial Time - by Dr. Simon Thurley - March 23, 2012
- Warner Cemetery - Annual Pot Luck & General Meeting April 15, 2012
Page 10 - May 7, 2012 Council Minutes
- Notice of Public Workshop - Virgil School Urban Design Workshop - April 14, 2012
- Notice of Public Meeting - Niagara-on-the-Lake Wastewater Servicing Official Plan Amendment - April 10, 2012
- Notice of Public Meeting - Contextual Zone Standards April 10, 2012
(f) Report CDS-12-033
1.1 that the March 14, 2012 Sign Variance Committee minutes be received; and
1.2 that the following recommendations from the April 11, 2012 Sign Variance Committee meeting be adopted; and
1.2.1 the request for a variance for a property located at the north east corner of Concession 6 and Line 5 Roads to Section 4.04 (2)(a) of Sign By-law No. 4400-10 to allow for a ground sign 3.72 square metre (40 sq. ft.) in area not be approved, and that the request for variance to Section 4.04 (2) (b) of Sign By-law No. 4400-10 to allow for a ground sign 3.2 square (10’-6”) in height not be approved
1.2.2 that the request for variance for a property located at 758 Niagara Stone Road to Sections 3.01 (7) and 4.04 (2) of Sign By-law No. 4400-10 to allow for a sign attached to a vehicle and to allow for a second ground sign not be approved
1.2.3 that the request for a variance for a property located at Dee Road and the Niagara River Parkway to Section 3.04 (2) of Sign By-law No. 4400-10 to allow for a 3 square metre (32 sq. ft.) real estate sign be approved subject to the following conditions:
1. that the sign be removed 30 days after the sale of the property
2. that the existing signs be removed from the property, and
3 that the sign conform with Section 4.04(2) of the Sign By-law
(g) that Mr. Durksen's request for exemption of development fees for 797 Line 2 Road be referred to staff for a report
(h) that staff be directed to provide the number of small scale tourist accommodations in Town for the past five (5) years or five (5) licensing periods
Page 11 - May 7, 2012 Council Minutes
The Clerk read a brief summary from the April 30, 2012 Community & Development Advisory Committee meeting.
Councillor Jim Collard previously declared a conflict of interest with item 1.a) Report CDS-12-029 255 King Street Application for Zoning By-law Amendment to Permit a Four Room Country Inn of the April 30, 2012 Community & Development Advisory Committee Minutes as his wife owns and operates and Bed and Breakfast Establishment. He did not take part in any discussion or vote on this item.
Councillor Gary Zalepa previously declared a conflict of interest with item 1.f) Report CDS-12-033 Sign Variance Committee Minutes - April 11, 2012, specifically recommendation 1.2.3 of the April 30, 2012 Community & Development Services Committee Minutes as it deals with a real estate sign. Councillor Zalepa did not take part in any discussion or vote on this item.
Item 1.a) Report CDS-12-029 255 King Street Application for Zoning By-law Amendment to Permit a Four Room Country Inn of the April 30, 2012 Community & Development Advisory Committee Minutes was lifted for discussion and voted on separately.
The Clerk clarified that Report CDS-12-029 was defeated at the April 30, 2012 Committee of the Whole meeting and further clarified Council's voting process to defeat or approve Report CDS-12-029.
General discussion took place regarding: clarification of the report; Council/OMB decision; site visits; sufficiency of proposed parking; legal non-conforming status; stacked parking; heritage features; compatibility with neighbouring properties; lot size/variance; additional rooms in Town; impact to surrounding neighbourhood; setting precedent; licensing by-law; and potential OMB costs.
In answer to a question, the Director of Planning and Development clarified the parking requirements.
Page 12 - May 7, 2012 Council Minutes
A polled vote for Report CDS-12-029 255 King Street - Application for Zoning By-law Amendment was called for by Councillor Andrea Kaiser.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X |  |
| Jim Collard conflict | | |
| Dennis Dick | | X |
| Terry Flynn | | X |
| Andrea Kaiser | X | |
| Jamie King | X | |
| Martin Mazza | | X |
| Gary Zalepa | | X |
| Lord Mayor Dave Eke | | X |
| TOTALS | 3 | 5 |
APPROVED (recommendations Report CDS-12-029)
Therefore, the April 30, 2012 Committee of the Whole decision to defeat the recommendations in Report CDS-12-029 was reversed and Council approved the recommendations in the report.
Item 1.f) Report CDS-12-033 Sign Variance Committee Minutes - April 11, 2012 of the April 30, 2012 Community & Development Services Committee Minutes, specifically recommendation 1.2.3 was lifted and voted on separately and approved.
Councillor Gary Zalepa requested that item 1.f) Report CDS-12-033 recommendation 1.2.1 the request for variances to the Sign By-law for property located on the north east corner of Concession 6 and Line 5 Roads, be lifted for discussion and voted on separately.
Council approved recommendation 1.2.1 at the April 30, 2012 Committee of the Whole Meeting supporting the Sign Variance Committee's recommendation.
Councillor Gary Zalepa requested that the minutes show he voted against the Sign Variance Committee's recommendation and Community & Development Advisory Committee Minutes decision of April 30, 2012.
Councillor Martin Mazza requested the minutes show he was not the scoundrel.
Page 13 - May 7, 2012 Council Minutes
A polled vote for Report CDS-12-033 Sign Variance Committee Minutes - April 1, 2012, recommendation 1.2.1 was called for by Councillor Martin Mazza.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | | X |
| Dennis Dick | X | |
| Terry Flynn | X | |
| Andrea Kaiser | X | |
| Jamie King | X | |
| Martin Mazza | X | |
| Gary Zalepa | | X |
| Lord Mayor Dave Eke | X | |
| TOTALS | 7 | 2 |
APPROVED (Report CDS-12-033 recommendation 1.2.1)
Therefore, Council approved the April 30, 2012 Community & Development Advisory Committee's decision to approve CDS-12-033 recommendation 1.2.1.
The balance of Report CDS-12-033 was voted on and approved.
The balance of Community & Development Services reports were voted on and approved.
At this time the CAO introduced John Henricks, the Town's new Manager of Planning to those in the audience and at home.
- resolution #4, APPROVED APRIL 30, 2012 COMMUNITY & DEVELOPMENT SERVICES ADVISORY COMMITTEE MINUTES.
Page 14 - May 7, 2012 Council Minutes
(3) Corporate Services Advisory Committee
Chair Councillor Maria Bau-Coote, Vice Chair Councillor Gary Zalepa
The following are the recommendations from the April 30, 2012 Corporate Services Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CS-12-014
1.1 that Council grant permission to the Niagara-on-the-Lake Fire Department, District #3, Virgil, to set off fireworks at the Virgil Stampede on Monday, May 21, 2012 as a non-emergency Fire Department activity as part of a Town supported event
(b) Report CS-12-015
1.1 that Council endorse staff’s recommendation to award the RFP for Banking Services for a five-year term commencing October 31, 2012 and concluding on October 31, 2017 with the option for a five-year extension to Royal Bank of Canada; and
1.2 that the Clerk prepare a by-law to authorize the Lord Mayor and Clerk to enter into a contract with Royal Bank of Canada for Banking Services
(c) Report CS-12-016
1.1 that Council approve the transfer of funding to or from completed capital projects that are either over or under their approved budgets; and
1.2 that remaining funds be allocated to or from the reserve that originally funded the project, or to the Capital Project Variance reserve, as described in the body of the report and appendices; and
1.3 that the Capital Project closures are effective December 31, 2011
(d) that staff be directed to review Council’s stipend/remuneration using a guideline by Niagara Region or modifications to suit the municipality of NOTL, and to include past reviews and processes
The Clerk read a brief summary from the April 30, 2012 Corporate Services Advisory Committee meeting.
- resolution #5, APPROVED APRIL 30, 2012 CORPORATE SERVICES ADVISORY COMMITTEE MINUTES.
Page 15 - May 7, 2012 Council Minutes
(4) Parks & Recreation Advisory Committee
Chair Councillor Martin Mazza, Vice Chair Councillor Andrea Kaiser
The following are the recommendations from the April 30, 2012 Parks & Recreation Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report RC-12-009
1.1 that the Town amends the existing by-laws of the Niagara Lake Shore Cemetery to be compliant with the FBSCA (Funeral, Burial and Cremation Services Act, 2002); and
1.2 that the amended by-laws contain the following changes to the present operational practices at the Niagara Lake Shore Cemetery:
1.2a that the Town prohibits private resales and retains the sole right to repurchase interment rights. The repurchase price will be at the current list price and if the request to repurchase is received within 60 days after signing the contract, the care and maintenance portion will be refunded in its entirety. If the request to repurchase is received after 60 days of signing the contract, the current list price will be paid less the care and maintenance portion; and
1.2b that the Town does not accept any prepayment for any future goods and services except interment rights(lots) at the Niagara Lake Shore Cemetery; and
1.2c that the Town ceases to mandate that liners are required but encourages the use of liners by selling them at a nominal markup; and
1.2d that the Town establish a maximum number of interments per interment right as follows:
- 1 full single lot; maximum of one casket burial and 3 cremation burials with the following restrictions:
a) If cremation burial precedes casket burial, the cremation burial will be in the space reserved for the marker, following casket burial 2 additional cremation burials may take place on top of the casket burial
b) If casket burial precedes cremation burial, up to 3 cremation burials may take place on top of the casket burial
Page 16 - May 7, 2012 Council Minutes
c) If cremation burials take place in the space reserved for casket burials and precedes the casket burial, disinterment and re-interment charges will apply. Permission from the lot rights holder or representative must be obtained
- 1 full double lot; double lots are to be treated as 1 full single lot x 2
- 1 cremation lot; maximum of 4 cremation burials with the restriction that the first 2 burials take place in the space reserved for the marker
- 1 columbarium niche; maximum 2 interments; and
1.2e that the Town will ensure that all purchase contracts will be handled directly by the Cemetery Office
(b) Report RC-12-010
1.1 that the present eight trees on the Regional Road 55 median be removed and the planting areas be filled in with crushed red brick; and
1.2 that the Region be notified that the Town will not be replacing the trees due to the ongoing difficulties we have encountered with all plantings on the Regional Road 55 median, and as the median is not required for traffic purposes, it is recommended that it be removed at some point in the future
The Clerk read a brief summary from the April 30, 2012 Parks & Recreation Advisory Committee meeting.
Item 1.b) Report RC-12-010 Regional Road 55 Median of the April 30, 2012 Parks & Recreation Advisory Committee minutes was lifted for discussion and voted on separately.
Discussion took place regarding the traffic median's installation and maintenance; potential landscaping options; image for tourist traffic on Regional Road 55 for 1812 Bicentennial events; request for further comments from staff; the delegates comments; safety; and, regional/municipal responsibility.
Page 17 - May 7, 2012 Council Minutes
Moved by Councillor Jim Collard, seconded by Councillor Martin Mazza that item 1.b) of the April 30, 2012 Parks and Recreation Advisory Committee Meeting being Report RC-12-010, Regional Road 55 Median be amended by adding the following:
1.3 that the Parks & Recreation department bring a report forward with regard to enhancing the roadway in the vicinity of the median at Niven and Niagara Stone Road. (APPROVED, resolution #6).
Report RC-12-010 was voted on separately and approved, as amended.
The balance of Parks and Recreation reports were voted on and approved.
- resolution #7, APPROVED, AS AMENDED, APRIL 30, 2012 PARKS & RECREATION ADVISORY COMMITTEE MINUTES.
(5) Public Works Advisory Committee
Chair Councillor Terry Flynn, Vice Chair Councillor Jim Collard
The following are the recommendations from the April 30, 2012 Public Works Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report PW-12-022
1.1 that the low tender from Norjohn Contracting and Paving Limited, in the amount of $114,536.25 (excluding H.S.T.), be accepted for the 2012 Surface Treatment Program, and that the final contract value be adjusted to fall within the current budget limits and be based on actual quantities and tendered unit prices, plus applicable taxes
(b) Report PW-12-023
1. that Council engage Kerry T Howe Engineering to provide engineering services for the reconstruction of Four Mile Creek Road, with an upset limit of $44,363.00 excluding HST
Page 18 - May 7, 2012 Council Minutes
(c) Report PW-12-024
1.1 that the low tender bid from CRL Campbell Ltd. of $94,826.00 (excluding H.S.T.) be accepted for the Harrison Municipal Irrigation Gravity Feed project with final payment based on actual quantities used at the tendered unit prices; and
1.2 that Council approve additional funding for the Harrison Municipal Gravity Feed project in the amount of $42,826.00 from the Irrigation Reserve
(d) Report PW-12-025
1.1 that Council appoint K. Smart Associates Ltd. to prepare a new Engineer's Report for the Epp Municipal Drain under Section 78 of the Drainage Act for the relocation of the outlet
(e) Report PW-12-026
1.1 that Council accept the petition for a new drainage works in the Village of Queenston, Part of Lot 139 between Lots 3 and 4, and proceed as requested by the Niagara Parks Commission; and
1.2 that Council, as of June 7, 2012, appoint K. Smart Associates Limited to prepare an Engineers Report for the creation of a new Municipal Drain
(f) that staff be directed to acquire information from the Region regarding proposed upcoming road work on Regional Road 55
(g) that staff be directed to meet with Chamber of Commerce representatives regarding the 2012/2013 season as an additional trial year to gather information regarding snow removal on Queen/Piton Street sidewalks with the use of a V-Plow
(h) that staff be directed to investigate a paved portion of land between the driveway and the road at 255 King Street for possible repair
(i) that staff be directed to provide an update on the state of the vineyards and tender fruit with respect to cool evening temperatures resulting in the use of windmills and helicopters to try and minimize frost damage
The Clerk read a brief summary from the April 30, 2012 Public Works Advisory Committee meeting.
Page 19 - May 7, 2012 Council Minutes
Councillor Jim Collard requested that Item 1.c) Report PW-12-024 Harrison Municipal Irrigation Gravity Feed Tender Award of the April 30, 2012 Public Works Advisory Committee minutes be lifted for discussion and voted on separately.
Moved by Councillor Jim Collard, seconded by Councillor Maria Bau-Coote that report that item 1.c) of the April 30, 2012 Public Works Minutes, Report PW-12-024, Harrison Municipal Irrigation Gravity Feed Tender Award be deferred back to staff and bring back to a June Committee of the Whole meeting. APPROVED.
The balance of Public Works reports were voted on and approved.
- resolution #8, APPROVED, AS AMENDED, APRIL 30, 2012 PUBLIC WORKS ADVISORY COMMITTEE MINUTES.
(6) Clerk to read resolution to adopt recommendation
Corporate Services Report CS-12-017
Sale of a Portion of the Concession 5 Road Unopened Road Allowance
- resolution #9 APPROVED RECOMMENDATIONS CS-12-017.
BY - LAWS:
Clerk to introduce the by-laws before Council
(by-laws and agreements are available for viewing in the Clerk's Department)
4316AA-12- A by-law to amend By-law No. 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk, height, location and spacing of buildings and structures within the Town of Niagara-on-the-Lake (255 King Street)
4316Y-12- A by-law to amend By-law 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk, height, location and spacing of buildings and structures within the Town of Niagara-on-the-Lake (General Amendment)
Page 20 - May 7, 2012 Council Minutes
4316Z-12- A by-law to amend By-law 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk, height, location and spacing of buildings and structures within the Town of Niagara-on-the-Lake (General Amendment)
4542-12 - A by-law to appoint Andrena Misener as a Municipal Law Enforcement Officer, Inspector for Property Standards and Area Weed Inspector for the Corporation of the Town of Niagara-on-the-Lake and to rescind sections in By-law 4520-12 which refer to Adam Martin
4543-12- A by-law to adopt certain lands as part of the Corporation of the Town of Niagara-on-the-Lake road system and to form part of Line 6 Road
4544-12- A by-law to authorize the Lord Mayor and Town Clerk to execute a transfer/deed of land (Part 1 Plan 30R-6775, 800 Green Street)
4545-12- A by-law to authorize the purchase and sale of Part 1 Plan 30R-13915, Concession 5 Road unopened road allowance and to authorize the Lord Mayor and Clerk to execute all legal documents pertaining to the sale
4546-12- A by-law to close and stop up part of the original road allowance known as Concession 5 Road in the former Township of Niagara, now in the Town of Niagara-on-the-Lake, Regional Municipality of Niagara (Part 1, Reference Plan 30R-13915)
Councillor Jim Collard previously declared a conflict of interest with By-law 4316AA-12 (255 King Street) as his wife owns and operates a Bed and Breakfast Establishment. Councillor Collard did not take part in any discussion nor vote on any readings of the by-law.
By-law 4316AA-12 was lifted and voted on for first and second reading and approved.
The balance of by-laws were voted on for first and second reading and approved.
Page 21 - May 7, 2012 Council Minutes
By-law 4316AA-12 was lifted and voted on for third reading and approved.
The balance of the by-laws were voted on for third reading and approved.
- resolutions #10 & 11, BY-LAWS RECEIVED THREE READINGS.
CORRESPONDENCE:
Clerk to read resolution
The following resolution be adopted:
(a) Motion from Councillor Martin Mazza regarding discarded refuse on public road allowances
- resolution #12, APPROVED RESOLUTION.
(b) Motion from Councillor Martin Mazza regarding the Ministry of Transportation's disposal of animals killed on their highways
In answer to a question, the Director of Community& Development Services stated the Ministry of Transportation has been contacted and clarified the contractor had not followed MTO policies. The Director noted the contractor will be monitored by the MTO.
A polled vote for the MTO animal disposal motion was called for by Councillor Martin Mazza.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | | X |
| Dennis Dick | X | |
| Terry Flynn | X | |
| Andrea Kaiser | X | |
| Jamie King | X | |
| Martin Mazza | X | |
| Gary Zalepa | X | |
| Lord Mayor Dave Eke | X | |
| TOTALS | 8 | 1 |
APPROVED (MTO animal disposal resolution)
- resolution #13, APPROVED RESOLUTION.
Page 22 - May 7, 2012 Council Minutes
(c) Motion to declare Lord Mayor's Bicentennial Community Kick-Off "of Municipal Significance" to obtain a Special Event Permit
- resolution #14, APPROVED RESOLUTION.
NOTICE OF MOTION:
As per the Town's Procedural By-law, "A notice of motion may be introduced by any member at a regular meeting of Council for consideration at the next or a subsequent regular meeting of Council."
Councillor Gary Zalepa gave notice of motion to come forward at the June 4, 2012 Council meeting to reconsider Council's decision of April 16, 2012 to approve report CDS-12-021, 244 Regent Street - Lawn Bowling Club
NEW BUSINESS:
Council may introduce any new business, i.e. announce special functions. Items of direction to staff must be in a form of a motion.
Council spoke to the following items:
- International Nurses Week, May 2012
- Virgil Stampede May 19 - 21
- Workers Welcome Concert May 6
- Councillor Jim Collard elected OSUM Board President
- OSUM 2012 convention update
- Information Package May 3
- item 20 Niagara Region Media Release - Niagara to host 2012 Green Fleet Expo
- item 22 AMO Breaking News - rising cost of police services update
- GO Bus announcement - Shuttle to Niagara-on-the-Lake June 23 - September 3
Page 23 - May 7, 2012 Council Minutes
CLOSED SESSION:
Clerk to read resolution
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/or Section (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically 1487 Niagara Stone Road; and,
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/or Section (2)(b) personal matters about an identifiable individual, including municipal or local board employees, specifically tax arrear properties.
At 9:43 p.m. the following motion was read in open session:
Moved by Councillor Dennis Dick, seconded by Councillor Jim Collard that Council proceed to go into a closed meeting to consider matters that fall under the subject matter of:
Councillor Martin Mazza previously advised he would not take part in the additional closed session item dealing specifically with tax arrear properties as he did not know if he had a conflict of interest with any of the owners.
At 9:57 p.m. Councillor Mazza excused himself from the closed session and returned to open session.
Page 24 - May 7, 2012 Council Minutes
At 10:04 p.m. the motion to rise from the closed session with the following report was read in open session:
Moved by Councillor Jim Collard, seconded by Councillor Dennis Dick that Council rise from the closed meeting to consider matters that qualify under the Municipal Act, 2011, specifically dealing with 1487 Niagara Stone Road and tax arrears properties, with no report. APPROVED resolution #16
Discussion took place regarding Council's original decision, the applicant's request for amendments, public safety, support for local business, and staff's work with applicant.
The Clerk read the following motions:
Moved by Councillor Andrea Kaiser, seconded by Councillor Jim Collard that Council reconsider its decision of February 13, 2012 which approved the recommendation contained in report CDS-12-011 as amended, adopting the Site Plan Agreement for 1487 Niagara Stone Road, Gale's Gas Bars Limited. APPROVED resolution #17
Moved by Councillor Jim Collard, seconded by Councillor Maria Bau-Coote,
The following motion which was approved at the February 6, 2012 Community & Development Advisory Committee Meeting and ratified by Council at the February 13, 2012 meeting be reconsidered:
That report CDS-12-011 be amended to reflect that the Site Plan Agreement attached to the report be amended by removing section 6.3 regarding the Traffic Safety Impact Study. DEFEATED resolution #18
Moved by Councillor Maria Bau-Coote, seconded by Councillor Jamie King,
The following motion which was approved by Council at the February 13, 2012 meeting be reconsidered:
That item 1.b) Report CDS-12-011, 1487 Niagara Stone Road - Gale's Gas Bar site plan agreement and schedules be amended as follows:
That the east entrance on Niagara Stone Road be allowed to remain as an "ingress" only and that the schedules be amended to reflect a note that the east entrance is an "ingress" only and the appropriate reconstruction and signage to the entrance take place. DEFEATED resolution #19
Page 25 - May 7, 2012 Council Minutes
Report CDS-12-011, 1487 Niagara Stone Road - Gale's Gas Bar Limited which was amended at the February 13, 2012 Council meeting, was put back on the floor in its original condition, for consideration.
Moved by Councillor Andrea Kaiser, seconded by Councillor Dennis Dick that the recommendation contained in report CDS-12-011 be adopted to include:
1.1 that the Site Plan agreement for 1487 Niagara Stone Road, attached as Appendix A to this report, prepared in accordance with Town and agency requirements be approved and forwarded to the Owner for signatures and upon return be forwarded to the Lord Mayor and Clerk for signature.
A polled vote for report CDS-12-011, 1487 Niagara Stone Road - Gale's Gas Bar Limited was called for by Councillor Gary Zalepa.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | X | |
| Dennis Dick | X | |
| Terry Flynn | X | |
| Andrea Kaiser | X | |
| Jamie King | X | |
| Martin Mazza | X | |
| Gary Zalepa | | X |
| Lord Mayor Dave Eke | X | |
| TOTALS | 8 | 1 |
APPROVED (recommendations CDS-12-011)
- resolution #20, APPROVED RECOMMENDATIONS CDS-12-011.
(1) Clerk to read resolution to adopt recommendation
Community & Development Services Report CDS-12-034
1487 Niagara Stone Road, Town of Niagara-on-the-Lake
Ontario Municipal Board Hearing Appeal
Moved by Councillor Andrea Kaiser, seconded by Councillor Terry Flynn that Report CDS-12-034, 1487 Niagara Stone Road, Town of Niagara-on-the-Lake Ontario Municipal Board Hearing Appeal be received. APPROVED.
Page 26 - May 7, 2012 Council Minutes
PROCEEDINGS BY-LAW:
4547-12 - A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on May 7, 2012
- resolution #21 & 22 BY-LAW RECEIVED THREE READINGS.
RESOLUTIONS:
1. Moved by Councillor Dennis Dick, seconded by Councillor Jim Collard that the minutes of the Council Meeting held April 16, 2012 be adopted. APPROVED.
2. Moved by Councillor Jim Collard, seconded by Councillor Dennis Dick that the minutes of the Special Heritage Council Meeting held April 23, 2012 be adopted. APPROVED.
3. Moved by Councillor Gary Zalepa, seconded by Councillor Terry Flynn that the Minutes/Report of the April 30, 2012 Public Community & Development Advisory Committee Meeting be received, regarding:
· 255 King Street – application for Zoning By-law Amendment. APPROVED.
4. Moved by Councillor Jamie King, seconded by Councillor Dennis Dick that the Minutes and Reports of the April 30, 2012 Community & Development Advisory Committee be adopted. APPROVED, AS AMENDED.
5. Moved by Councillor Maria Bau-Coote, seconded by Councillor Gary Zalepa King that the Minutes and Reports of the April 30, 2012 Corporate Services Advisory Committee Meeting be adopted. APPROVED.
Page 27 - May 7, 2012 Council Minutes
6. Moved by Councillor Jim Collard, seconded by Councillor Martin Mazza that item 1.b) of the April 30, 2012 Parks and Recreation Advisory Committee Meeting being Report RC-12-010, Regional Road 55 Median be amended by adding the following:
1.3 that the Parks & Recreation department bring a report forward with regard to enhancing the roadway in the vicinity of the median at Niven and Niagara Stone Road. APPROVED.
7. Moved by Councillor Martin Mazza, seconded by Councillor Andrea Kaiser that the Minutes/Report of the April 30, 2012 Parks & Recreation Advisory Committee Meeting be adopted. APPROVED, AS AMENDED.
8. Moved by Councillor Terry Flynn, seconded by Councillor Jim Collard that the Minutes and Reports of the April 30, 2012 Public Works Advisory Committee Meeting be adopted. APPROVED, AS AMENDED.
9. Moved by Councillor Dennis Dick, seconded by Councillor Jim Collard that the recommendations contained in Corporate Services Report CS-12-017 be adopted to include:
1.1 that Part 1 on Reference Plan 30R-13915, being part of the Concession 5 Road unopened road allowance be sold to Nutri-Botanicals Corp for the sum of $24,400.00; and
1.2 that the by-law attached to this report (Appendix I), authorizing the sale of the unopened road allowance be approved and the Lord Mayor and Clerk be authorized to sign all documents necessary to complete the sale; and
1.3 that the by-law attached to this report (Appendix II), closing up and stopping part of the Concession 5 Road unopened road allowance be forwarded to Council for adoption and then registered on title at the Registry Office. APPROVED.
10. Moved by Councillor Gary Zalepa, seconded by Councillor Dennis Dick that leave be given to introduce By-law Nos. 4316AA-12, 4316Y-12, 4316Z-12, 4542-12, 4543-12, 4544-12, 4545-12 and 4546-12, and that the same be considered read a first and second time. APPROVED.
Page 28 - May 7, 2012 Council Minutes
11. Moved by Councillor Dennis Dick, seconded by Councillor Gary Zalepa that leave be given to introduce By-law Nos. 4316AA-12, 4316Y-12, 4316Z-12, 4542-12, 4543-12, 4544-12, 4545-12 and 4546-12, 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 Martin Mazza, seconded by Councillor Gary Zalepa
WHEREAS in 1996, the Town of Niagara-on-the-Lake received recognition as Canada’s Prettiest Town;
AND WHEREAS there have been many instances of large caches of waste found discarded along the sides of rural Town roads and on unopened road allowances;
AND WHEREAS the wanton discarding of refuse and, in particular large automotive and household items and construction materials on public road allowance is a blight on the landscape and costly for the Town.
NOW THEREFORE BE IT RESOLVED that Council directs Public Works staff to investigate and report back to Public Works Advisory Committee on the application of measures used by neighbouring municipal road authorities, the Region of Niagara and the Ontario Ministry of Transportation to discourage/abate such activity. APPROVED.
13. Moved by Councillor Martin Mazza, seconded by Councillor Jim Collard
WHEREAS the Ministry of Transportation (MTO), through its contractor, Miller Maintenance Limited, has not followed the policy of appropriately disposing of animals killed on their right-of-way, causing a concentration of exposed dead animal carcases on the MTO/Regional site within the boundary of Niagara-on-the-Lake;
AND WHEREAS this practice has attracted the notice of the Niagara-on-the-Lake residents and has caused a heightened level of concern in respect to health and safety as it relates to this inappropriate and unacceptable practice;
AND WHEREAS the Ministry of Transportation is the responsible entity to address these concerns and is responsible to adhere to its own policies with respect to the management of animals killed on the right-of-ways.
Page 29 - May 7, 2012 Council Minutes
NOW THEREFORE BE IT RESOLVED that the Lord Mayor's office on behalf of the Council of the Corporation of the Town of Niagara-on-the-Lake send a formal letter to The Honourable Bob Chiarelli, Minister of Transportation drawing his attention to this unacceptable practice;
AND FURTHER the letter request the Ministry address this issue in accordance with their established policy including the requirement that their contractor also follow Ministry policy and protocol in the management of dead animals in a humane and appropriate manner to ensure the health and safety of the Niagara-on-the-Lake residents are not exposed to any health and safety risks;
AND that a copy of this resolution be forwarded to the Niagara Region and area municipalities. APPROVED.
14. Moved by Councillor Dennis Dick, seconded by Councillor Jim Collard that the Council of the Corporation of the Town of Niagara-on-the-Lake declare the Lord Mayor's Bicentennial Community Kick-Off, Friday, May 25, 2012 to be held in the Entrance/Foyer of the Community Centre, 14 Anderson Lane "of Municipal Significance" in order to obtain a special event permit from the Alcohol and Gaming Commission of Ontario. APPROVED.
15. Moved by Councillor Dennis Dick, seconded by Councillor Jim Collard that Council proceed to go into a closed meeting to consider matters that fall under the subject matter of:
- 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/or Section (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically 1487 Niagara Stone Road
- 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/or Section (2)(b) personal matters about an identifiable individual, including municipal or local board employees, specifically tax arrear properties. APPROVED.
Page 30 - May 7, 2012 Council Minutes
16. Moved by Councillor Jim Collard, seconded by Councillor Dennis Dick that Council rise from the closed meeting to consider matters that qualify under the Municipal Act, 2011, specifically dealing with 1487 Niagara Stone Road and tax arrears properties, with no report. APPROVED.
17. Moved by Councillor Andrea Kaiser, seconded by Councillor Jim Collard that Council reconsider its decision of February 13, 2012 which approved the recommendation contained in report CDS-12-011 as amended, adopting the Site Plan Agreement for 1487 Niagara Stone Road, Gale's Gas Bars Limited. APPROVED.
18. Moved by Councillor Jim Collard, seconded by Councillor Maria Bau-Coote,
The following motion which was approved at the February 6, 2012 Community & Development Advisory Committee Meeting and ratified by Council at the February 13, 2012 meeting be reconsidered:
That report CDS-12-011 be amended to reflect that the Site Plan Agreement attached to the report be amended by removing section 6.3 regarding the Traffic Safety Impact Study. DEFEATED.
19. Moved by Councillor Maria Bau-Coote, seconded by Councillor Jamie King,
The following motion which was approved by Council at the February 13, 2012 meeting be reconsidered:
That item 1.b) Report CDS-12-011, 1487 Niagara Stone Road - Gale's Gas Bar site plan agreement and schedules be amended as follows:
That the east entrance on Niagara Stone Road be allowed to remain as an "ingress" only and that the schedules be amended to reflect a note that the east entrance is an "ingress" only and the appropriate reconstruction and signage to the entrance take place. DEFEATED.
20. Moved by Councillor Andrea Kaiser, seconded by Councillor Dennis Dick that the recommendation contained in report CDS-12-011 be adopted to include:
1.1 that the Site Plan agreement for 1487 Niagara Stone Road, attached as Appendix A to this report, prepared in accordance with Town and agency requirements be approved and forwarded to the Owner for signatures and upon return be forwarded to the Lord Mayor and Clerk for signature. APPROVED.
Page 31 - May 7, 2012 Council Minutes
21. Moved by Councillor Dennis Dick, seconded by Councillor Jim Collard that leave be given to introduce By-law No. 4547-12 and that the same be considered read a first and second time. APPROVED.
22. Moved by Councillor Jim Collard, seconded by Councillor Dennis Dick that leave be given to introduce By-law No. 4547-12 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.
23. Moved by Councillor Dennis Dick, seconded by Councillor Jim Collard that this Council adjourn to the next regular meeting to be held June 4, 2012 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 Jamie King that the agenda be adopted as presented and amended by adding additional items as noted. APPROVED.
2. Moved by Councillor Andrea Kaiser, seconded by Councillor Terry Flynn that Report CDS-12-034, 1487 Niagara Stone Road, Town of Niagara-on-the-Lake Ontario Municipal Board Hearing Appeal be received. APPROVED.
ADJOURNMENT: 10:20 PM |
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