COUNCIL MEETING MINUTES
Monday March 20, 2017
06:00 PM

 
PRESENT:

Lord Mayor Pat Darte, Councillors: Terry Flynn, Jamie King, Paolo Miele, Martin Mazza, Betty Disero, John Wiens.

REGRETS:

Councillors: Maria Bau-Coote, Jim Collard.

STAFF:

Holly Dowd CAO/Director Corporate Services
Sheldon Randall Director of Operations
Craig Larmour Director of Community & Development
Rob Grimwood Fire Chief
Peter Todd Acting Town Clerk
Colleen Hutt Acting Deputy Clerk

OTHERS:

Callum Shedden Town Solicitor

MEDIA:

Scott Rosts Niagara This Week
Suzanne Mason Sun Media

CALL TO ORDER:
The Lord Mayor called the meeting to order at 6:00 p.m


FOCUS STATEMENT:

Councillor Betty Disero opened the meeting with a focus statement.

O'CANADA:

Council, staff and those present sang O'Canada.

ADOPTION OF THE AGENDA:
(New Business Items and Notice of Motions to be introduced)

The Clerk advised Council that at the request of the applicant, Report CDS-17-015 Vintages of Four Mile Creek Road be deferred to the April COTW meeting.

Moved by Councillor Betty Disero Seconded by Councillor John Wiens that CDS-17-015 Vintages of Four Mile Creek Road be deferred to the April COTW meeting.
APPROVED.

Councillor Betty Disero requested to speak under new business regarding 200 John Street.

Councillor John Wiens requested to lift item 10 from the March 9, 2017 Information Package regarding support for the Town of Lincoln's region wide irrigation initiative.

Moved by Councillor Paolo Miele, seconded by Councillor Betty Disero that the agenda be adopted, as amended.
APPROVED.

CONFLICT OF INTEREST:

Council members declare their conflicts of interest.

Councillor Martin Mazza previously declared a conflict of interest with item 1.b) Report CDS-17-012, 1882 Niagara Stone Road, Request for Sanitary Sewer Allocation of the March 6, 2017 Community and Development Advisory Committee minutes as he owns property in close proximity to the subject property.

LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:

Lord Mayor Pat Darte spoke to the following:
  • NPCA Conservation Achievement Awards
  • Niagara Entrepreneur of the Year Awards
  • Mayor Jim Diodati's State of the City Address
  • Emcee at Royal Elite International Academy's Programs Announcement
  • Grape Growers of Ontario - Award of Merit presented to Bill George Jr.
  • 2016 Niagara Community Design Award Ceremony
  • Tour of Brock University with CAO Holly Dowd
  • Niagara-on-the-Lake Midget Wolves OMHA Provincial Championship

MEMBERS' ANNOUNCEMENT:
Announcement of special functions Council attended and upcoming Community events

Councillor Betty Disero circulated an advertisement created by the Chamber of Commerce to be sent to approximately 30,000 businesses across Canada.

NEXT COMMITTEE OF THE WHOLE AND COUNCIL MEETING DATES:
(Clerk to announce the dates)

The next Committee of the Whole meeting is scheduled for Monday, April 3, 2017 at 6:00 p.m. The next Council Meeting is scheduled for Monday, April 10, 2017 at 6:00 p.m.

Meeting times can be subject to change. For more detailed information, please visit the Town's website at www.notl.org or contact the office at 905-468-3266.

MINUTES:
Clerk to read the resolution to adopt minutes

(1) Council Meeting Minutes dated February 13, 2017.

- Resolution #1, APPROVED FEBRUARY 13, 2017 MEETING 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) Liz Klose, Garden Council of Canada
Canada 150 Garden Experience Certificate and

      Garden Community Destination of the Year - Canadian Garden Tourism Award Presentation
      Liz Klose stated that she is a resident of Niagara-on-the-Lake as well as a Board Member, Project Coordinator, and Volunteer with the Canadian Garden Council.

      Ms. Klose provided a brief presentation to Council regarding the Canada 150 Garden Experience and 2017 Garden Tourism Award. Ms. Klose presented the 2017 Canadian Garden Tourism Award for Garden Community Destination of the Year as well as the certificate for the Canada 150 Garden Experience Award to the Niagara-on-the-Lake Communities in Bloom Committee.

Agenda Delegation

(2) Alan Walker, 15 Blackbird Street
Review of Parsons In-Service Operational Safety Review & Left Turn Lane Request
      Mr. Walker spoke on behalf of the Village Community Association in response to the findings from the Parsons report on the Garrison Village Drive and Shoppers Drug Mart Plaza intersection.

      Mr. Walker spoke to the following:
      • Lack of consultation with Village residents
      • Increase of traffic volume and potential for near and actual collisions
      • Stop Sign Placement Regulations of the Ontario Traffic Manual
      • Centreline break, signalling, and confusion of drivers
      • Near Collision Scenarios

(3) Mike Wilson, Project Manager Niagara Region Public Works Regional Road 55 (Concession 6 Road - Four Mile Creek Road) Update
      Mr. Wilson provided information to Council regarding the reconstruction project of Niagara Stone Road from Concession 6 to Four Mile Creek Road.

      Mr. Wilson provided information regarding the pedestrian and street lighting upgrades included in the reconstruction. Mr. Wilson outlined the timeline for the project and thanked Council for considering the exemption from the Town's Noise By-law in order for the Region to adhere to this strict timeline.
      Mr. Wilson notified Council that a Public Information Session will be held at the Community centre Wednesday March 22, 2017 to present the plans for reconstruction and address any concerns of Council, residents, and businesses. Mr. Wilson stated that the project is expected to begin within the next month and is scheduled to be completed June 23, 2017.

      In response to questions of Council, Mr. Wilson spoke to the following items:
      • Left hand turn lanes
      • Standards for street lighting
      • Safety of Students on sidewalks
      • Location of 'Welcome to Virgil Sign'
      • Traffic calming measures
      • Student crosswalk

RESPONSE TO DELEGATIONS FROM COUNCIL:

(1) Regional Road 55 (Concession 6 Road - Four Mile Creek Road) Update
      Discussion took place regarding the consideration of traffic calming measures and a crosswalk within the design of the reconstruction.

      Moved by Councillor Jamie King, seconded by Councillor Terry Flynn be it resolved that the town of Niagara-on-the-Lake Council request the Region conduct the necessary warrant study to examine the installation of an appropriate crosswalk within the planned Regional Road 55 roadway improvements planned for the Virgil corridor.
      -resolution #2, APPROVED.

COMMITTEE REPORTS:
    (1) Community & Development Advisory Committee
    Chair Councillor Martin Mazza, Vice Chair Councillor Betty Disero

    The following are the recommendations from the March 6, 2017 Community & Development Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
        (a) Report CDS-17-011
        1.1 The Zoning By-law Amendment, attached as Appendix A to this report, for the removal of the Holding Provision for Parts 1, 2 and 3 on the reference plan for 459 Line 1 Road, be forwarded to Council for adoption
        (b) Report CDS-17-012
        1.1 Council authorize servicing allocation for additional sewage flows equivalent to approximately two (2) dwelling units of capacity for the purposes of the construction of a two-storey addition to the existing medical clinic at 1882 Niagara Stone Road, within the current servicing allocation reserve, consistent with the requirements of Section 4.6 of Policy CC-GEN-006A "Allocation of Waste Water Servicing Policy", and consistent with the findings of CDS report CDS-16-038; and
        1.2 Council direct staff to advise the Region of Niagara of the servicing allocation to accommodate this development
        (c) Report CDS-17-013
        1.1 the proposed Zoning By-law for 15862 Niagara River Parkway, attached as Appendix A to this report, be forwarded to Council for adoption
        (d) Report CDS-17-014
        1.1 that the draft Zoning By-law Amendment to permit changes to required lot area, lot frontage and lot setbacks, attached as Appendices B and C to this report, on the lands located at 1512 Four Mile Creek Road, be forwarded to Town Council for adoption
        (e) Report CDS-17-015
        1.1 The draft Zoning By-law Amendment for “Vintages of Four Mile Creek” subdivision and “Vintages of Four Mile Creek” condominium, attached as Appendix A to this report, for the lands located southwest of Line 9 Road and Four Mile Creek Road, be forwarded to Council for adoption; and
        1.2 The Draft Plan of Subdivision, “Vintages of Four Mile Creek”, attached as Appendix B to this report, be approved in accordance with the provisions of the Planning Act, and regulations thereunder, subject to the conditions contained in Appendix C to this report; and
        1.3 That the Lord Mayor be authorized to endorse the Draft Plan of Subdivision for “Vintages of Four Mile Creek” as ‘approved’ 20 days after notice of Council’s decision has been given provided that no appeals have been received; and
        1.4 The Draft Plan of Vacant Land Condominium, “Vintages of Four Mile Creek”, attached as Appendix D to this report, be approved in accordance with the provisions of the Planning Act, and regulations thereunder, subject to the conditions contained in Appendix E (attached) to this report; and
        1.5 That the Lord Mayor be authorized to endorse the Draft Plan of Vacant Land Condominium for “Vintages of Four Mile Creek” as ‘approved’ 20 days after notice of Council’s decision has been given provided that no appeals have been received
        (f) Report CDS-17-016
        1.1 that the January 18, 2017 Glendale Task Force Minutes be received; and
        1.2 that the following recommendations from the January 18, 2017 Glendale Task Force meeting be forwarded to Council for adoption:
          1.2.1 that Council asks staff to move forward with the investigation of alternatives to a long-term licensing by-law as outlined in CDS-15-022;
    1.2.2 that report CDS-14-008A Zoning By-law Amendment to Permit Cottage Rentals in Glendale R1 Zone; Cottage Rentals and Bed & Breakfasts in Glendale QR Zone is brought back to Council for further direction;
    1.2.3 that Council asks staff to investigate the following items in Phase 3 of the Glendale area and report back to the Glendale Task Force: removal of any un-assumed road signs, a timeline for providing parking stall markings, and implementing parking passes;
    1.2.4 that Council considers providing a parking solution for overflow and overnight parking in Glendale;
    1.2.5 that Council asks staff investigate who owns the fences located inside the subdivision that surround the parkettes;
    1.2.6 that Council takes the necessary steps to fill the vacant seat on the Committee
        (g) Report CDS-17-017
        1.1   that Heritage Permits be approved subject to the following conditions:
          1.1.1 the Heritage Permit Application to construct wood storm windows, and to scrape, sand and repair wood details on the exterior of the building, replacing wood components only where necessary be approved for 43 Castlereagh Street;
          1.1.2 the Heritage Permit Application for paint colours for the rear timber frame addition at 106 Queen Street be approved;
          1.1.3 the Municipal Heritage Committee endorse the Operations Department 2017 Queen Street Tree Inventory & Maintenance Program and recommends that the monitoring system continue;
          1.1.4 existing non-native tree species on Queen and Picton Streets, with the exception of the Picton Street islands, continue to be replaced over time by appropriate native species in accordance with the policies and objectives of the Queen-Picton Streets Heritage Conservation District Plan;
          1.1.5 that a multi-colour 4" x 8" grey paver be used for the boulevards in the Queen-Picton Heritage Conservation District;
          1.1.6 that a concrete porous base be used to prevent the warping of the pavers and provide proper drainage for surrounding trees in the Queen-Picton Heritage Conservation District;
          1.1.7 that the information submitted by Operations Services be supported, including the proposed location of the Simcoe Park splash pad, but that further consideration be given to the aesthetic of the splash pad equipment and the decorative treatment of the pad reminiscent of classical fountains and reflecting pools so that it can (be) appreciated by not only children for its passive use in off-seasons
        CLERK TO READ RESOLUTION TO ADOPT MINUTES
        Moved by Councillor Martin Mazza, seconded by Councillor Betty Disero that the Minutes and Reports of the March 6, 2017 Community & Development Advisory Committee be adopted.

        The Clerk read a brief summary from the March 6, 2017 Community & Development Advisory Committee Meeting.

        Councillor Martin Mazza previously declared a conflict of interest with item 1.b) Report CDS-17-012, 1882 Niagara Stone Road, Request for Sanitary Sewer Allocation of the March 6, 2017 Community and Development Advisory Committee minutes as he owns property in close proximity to the subject property. He did not take part in any discussion or vote on this report.

        Item 1.b) CDS-17-012, 1882 Niagara Stone Road of the March 6, 2017 Community & Development Advisory Committee Meeting minutes was lifted and voted on separately and approved.

        Councillor Terry Flynn requested that item 1.g) Report CDS-17-017 Municipal Heritage Committee Minutes - February 7, 2017 of the March 6, 2017 Community & Development Advisory Committee Meeting minutes be lifted for discussion and voted on separately.

        In response to questions from Council, Staff provided an update to Council regarding items contained in Report CDS-17-017.

        Councillor Paolo Miele requested that Report CDS-17-017, specifically item 1.1.7, be lifted and voted on separately.

        A polled vote for CDS-17-017 item 1.1.7 was called by Councillor Martin Mazza.
        COUNCILLOR
        YEA
        NAY
        Maria Bau-Coote (absent)
        Jim Collard (absent)
        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
        5
      DEFEATED.

        Report CDS-17-017 Municipal Heritage Committee Minutes - February 7, 2017, 1.1.7 was voted on and defeated.

        The balance of Report CDS-17-017, as amended, was voted and approved.

        The balance of the March 6, 2017 Community & Development Advisory Committee Meeting minutes was voted on and approved.

        - resolution #3, APPROVED, AS AMENDED, MARCH 6, 2017 COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES.
    (2) Operations Advisory Committee
        Chair Councillor Jim Collard, Vice Chair Councillor Jamie King

        The following are the recommendations from the March 6, 2017 Operations Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
        (a) Report OPS-17-011
        1.1 that the February 16, 2017 Active Transportation Committee meeting minutes, attached to this report be received; and
        1.2 that the following recommendation as outlined in the February 16, 2017 Active Transportation Committee meeting minutes be forwarded to Council for approval:
          1.2.1 that Council approve an inaugural a 30 day walking challenge event during the month of June, with the wrap up day on July 1st, organized by the Active Transportation Committee, championed by the Lord Mayor and funded by the Town to a maximum of $1000
        (b) Report OPS-17-012
        1.1 The 2016 Summary Report for the Niagara-on-the-Lake Water Distribution System and the Bevan Heights Water Distribution System, be received for information
        (c) Report OPS-17-013
        1.1 That Council accept the low tender of $184,053.18 (excluding applicable taxes) from Demar Construction Inc. for the Byron Street Storm and Sanitary Sewer construction from King Street to Wellington Street with final payment based on actual quantities and tendered unit prices; and
        1.2 That Council accept the estimated engineering costs for inspection, contract administration, as-constructed survey and plans, maintenance period verification and disbursements from Kerry T. Howe Engineering Limited in the amount of $35,600.00 (excluding applicable taxes)
        (d) Report OPS-17-014
        1.1 That Council approve the purchase and installation of TransitFare & Systems integrated, AODA compliant next stop announcement and smart card fare management systems for Niagara-on-the-Lake Transit vehicles including auxiliary point-of-sale terminals at an estimated cost of $44,000; and
        1.2 That Council authorize the Lord Mayor and Clerk to enter into an agreement with TransitFare & Systems for ongoing live tracking and support of the TFS1200 integrated system, renewable annually and not to exceed $500/month in the first year
        (e) Report OPS-17-015
        1.1 That the Queen Street Tree Inventory and 2017 Maintenance Program be approved
        (f) Report OPS-17-016
        1.1 that Council accept the low tender bid from Brennan Paving Limited in the amount of $708,473.00 (excluding applicable taxes), for Queenston Road rehabilitation from Concession 7 Road to Concession 6 Road with final payment based on actual quantities and tendered unit prices
        (g) Report OPS-17-017
        1.1 that Council accept the tender from ABC Recreation Ltd., in the amount of $98,313.00 (excluding HST) for the installation of a Splashpad in the existing basin at Simcoe Park
    CLERK TO READ RESOLUTION TO ADOPT MINUTES
    Moved by Councillor Jamie King, seconded by Councillor Terry Flynn that the Minutes and Reports of the March 6, 2017 Operations Advisory Committee be adopted.
        The Clerk read a brief summary from the March 6, 2017 Operations Advisory Committee Meeting.
        Councillor Martin Mazza requested that item 1.g) Report OPS-17-017 Splashpad at Simcoe Park of the March 6, 2017 Operations Advisory Committee Meeting minutes be lifted for discussion and voted on separately.

        In response to questions from Council, the Manager of Parks and Recreation provided clarification on requirements under AODA and regional guidelines for the wading pool. He also provided cost comparison between compliance with guidelines and construction of the splashpad.

        Discussion took place regarding the following:
        • Inadequacy of washroom/ changing facilities in the park
        • Holding tank design
        • Fence design
        • Designs from other Ontario communities
        • Ministry of Health guidelines
        A polled vote for OPS-17-017 was called by Councillor Martin Mazza.
        COUNCILLOR
        YEA
        NAY
        Maria Bau-Coote (absent)
        Jim Collard (absent)
        Betty Disero
        X
        Terry Flynn
        X
        Jamie King
        X
        Martin Mazza
        X
        Paolo Miele
        X
        John Wiens
        X
        Lord Mayor Pat Darte
        X
        TOTALS
        0
        7
      DEFEATED.
    Report OPS-17-017 Splashpad at Simcoe Park was voted on and defeated.

    Moved by Councillor Martin Mazza, seconded by Councillor Terry Flynn that staff report back to Council on next steps and options regarding the Simcoe Park water feature, including cost, Regional vetting, and approaches from other Ontario communities.
        A polled vote was called by Councillor Martin Mazza.
        COUNCILLOR
        YEA
        NAY
        Maria Bau-Coote (absent)
        Jim Collard (absent)
        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
      -resolution #4, APPROVED.
        The balance of the March 6, 2017 Operations Advisory Committee Meeting minutes was voted on and approved.

    - resolution #5, APPROVED, AS AMENDED, MARCH 6, 2017 OPERATIONS ADVISORY COMMITTEE MEETING MINUTES.

    (3) Corporate Services Advisory Committee
    Chair Councillor Maria Bau-Coote, Vice Chair Councillor John Wiens

    The following are the recommendations from the March 6, 2017 Corporate Services Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
        (a) Report CS-17-007
        1.1 That an exemption to The Noise Control By-law 4588-12, Schedule C - #4 to allow construction to take place until 9:00 p.m., be granted to the Regional Municipality of Niagara (Region) for the Niagara Stone Road (Regional Road 55) Reconstruction project, beginning April 3, 2017 to June 30, 2017
        (b) Report CS-17-008
        1.1 That the Council of The Corporation of The Town (Town) oppose the passage of the by-law of the Regional Municipality of Niagara (Region), being a by-law to change the composition of the Regional Council only with respect to the City of St. Catharines
        (c) Report CS-17-009 2018 Election - Ranked Ballots
        1.1 that the information regarding the 2018 Municipal Elections be received for information; and
        1.2 that Council maintain the existing First-Past-the-Post electoral model for the 2018 Municipal Election by not supporting the use of Ranked Ballot Voting in the 2018 Election
    CLERK TO READ RESOLUTION TO ADOPT MINUTES
    Moved by Councillor John Wiens, seconded by Councillor John Wiens that the Minutes and Reports of the March 6, 2017 Corporate Services Advisory Committee be adopted.
        The Clerk read a brief summary from the March 6, 2017 Corporate Services Advisory Committee meeting.

    - resolution #6, APPROVED MARCH 6, 2017 CORPORATE SERVICES ADVISORY COMMITTEE MEETING MINUTES.

    (4) Clerk to read resolution to adopt recommendation

    Ontario Municipal Cycling Infrastructure Program

    - resolution #7, APPROVED.

    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)

    Under adoption of the agenda, the Clerk advised Council that at the request of the applicant, Report CDS-17-015 Vintages of Four Mile Creek Road be deferred to the April COTW meeting. Therefore By-law 4316CF-17 was not voted on for any readings.

    500WZ-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 (1512 Four Mile Creek Road)

    500XA-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 (15862 Niagara River Parkway)

    4152E-17- A by-law to authorize the Lord Mayor and Town Clerk to execute a document with the Royal Bank of Canada (to add Holly Dowd and Kyle Freeborn as signing authorities) and rescind By-laws 4152C-10 and 4152D-11

    4316BY(1)-17- 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 with the Town of Niagara-on-the-Lake (459 Line 1 Road)

    4316CE-17- 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 (1512 Four Mile Creek Road)

    4316CF-17 - Deferred to April 3, 2017 COTW meeting.

    4316CF-17- 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 (Vintages at Four Mile Creek Road)

    4634A-17- A by-law to amend By-law 4634A-13 being a by-law for the licensing, regulating and governing of short term rentals in the Town of Niagara-on-the-Lake

    4745D-17- A by-law to authorize an amendment to the By-law 4745-14 being a by-law to establish the positions of screening officers and hearing officers and to appoint persons as screening officers and hearing officers

    4939A-17- A by-law of The Corporation of the Town of Niagara-on-the-Lake to designate a head of the municipal corporation for the purposes of the Municipal Freedom of Information and Protection of Privacy Act and to rescind By-law 4939-17

    4949-17- A by-law to appoint Lottery Licensing Officers for The Corporation of the Town of Niagara-on-the-Lake (Peter Todd and Colleen Hutt)

    4950-17- A by-law to appoint Rob Grimwood Fire Chief and Municipal Enforcement Officer for The Corporation of the Town of Niagara-on-the-Lake

    4951-17- A by-law to appoint Nick Ruller Deputy Fire Chief and Municipal Law Enforcement Officer for The Corporation of the Town of Niagara-on-the-Lake

    4952-17- A by-law to appoint Mark Leone a Building Official under the Building Code Act for The Corporation of the Town of Niagara-on-the-Lake

    4953-17- A by-law to appoint Ali Goosen a Building Official under the Building Code Act for The Corporation of the Town of Niagara-on-the-Lake

    4954-17- A by-law to appoint Dusko Danny Vuckovic a Municipal Law Enforcement Officer for The Corporation of the Town of Niagara-on-the-Lake

    4955-17- A by-law to appoint Erin Dean a Municipal Law Enforcement Officer for The Corporation of the Town of Niagara-on-the-Lake

    4956-17- A by-law to appoint Natalie Watson a Municipal Law Enforcement Officer for The Corporation of the Town of Niagara-on-the-Lake

    4957-17- A by-law to rescind by-law No. 4281-12, SPA 043-12, and SPA 043A-14 being by-laws to authorize site plan control agreements between The Corporation of the Town of Niagara-on-the-Lake, NOTL Retirement Co-Ownership Limited and Averton Square (NOTL) Inc. (120 John Street)

    4959-17- A by-law to repeal designating By-law 3406-99 being a by-law to designate the property know municipally as 97 Melrose Drive, Ironwood, in the Town of Niagara-on-the-Lake in the Province of Ontario as being of architectural and historic value and interest

    4960-17- A by-law to authorize the Lord Mayor and Town Clerk to execute a transfer payment agreement between The Corporation of the Town of Niagara-on-the-Lake and her Majesty the Queen in right of Ontario as represented by the Minister of Transportation for the Province of Ontario (Ontario Municipal Cycling Infrastructure Program) and to rescind by-law 4882-16

    - resolution #8, BY-LAWS RECEIVED THREE READINGS.

    CORRESPONDENCE AND MOTIONS:
    Clerk to read resolution
    1. Information Packages

        Councillor John Wiens requested item 10 from the March 9, 2017 Information Package regarding support for the Town of Lincoln's region wide irrigation initiative be supported by Council.

        Moved by Councillor John Wiens, seconded by Councillor Martin Mazza, that the Council of The Corporation of the Town of Niagara-on-the-Lake support the resolution from the Town of Lincoln requesting that the Region of Niagara's Agricultural Policy Action Committee support the Irrigation Working Group's Action Plan and its efforts to build a region wide strategic plan for agricultural irrigation.
        APPROVED.

    The balance of the March 9, 2017 and March 16, 2017 Information Packages was voted on and received.

    2. The following resolution(s) be adopted:

    (a) Councillor Paolo Miele - Additional NRPS Officers
            - resolution #9, APPROVED ADDITIONAL NRPS OFFICERS

    (b) Councillor Maria Bau-Coote - Dental Health

    - resolution #10, APPROVED DENTAL HEALTH

    (c) Councillor Betty Disero - Dock Area Design
            Councillor Betty Disero presented an amendment to the original motion.

            A polled vote was called by Councillor Martin Mazza.
            COUNCILLOR
            YEA
            NAY
            Maria Bau-Coote (absent)
            Jim Collard (absent)
            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
      APPROVED.
      - resolution #11, APPROVED, AS AMENDED, DOCK AREA DESIGN

      (d) Councillor Betty Disero - Garrison Village Drive/Plaza

      - resolution #12, APPROVED GARRISON VILLAGE DRIVE/PLAZA

      (5) Special Heritage Council Meeting 2017

      - resolution #13, APPROVED SPECIAL HERITAGE COUNCIL MEETING 2017

      (6) Niagara-on-the-Lake Hydro Appointment

      - resolution #14, APPROVED NIAGARA-ON-THE-LAKE HYDRO APPOINTMENT

      NOTICE OF MOTION:
      As per the Town's Procedural By-law, "A notice of motion may be introduced by any Member at a regular Meeting of Council or Committee of the Whole for consideration at the next or a subsequent regular meeting of Council, and the same shall then be included in the notice of the Meeting at which it is to be considered."

      Councillor Betty Disero gave notice of motion regarding 200 John Street woodlands.

      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.

      There was no new business brought forward at this meeting.

      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 Wellington Street
        • 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 Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically relating to Medical Marijuana Zoning By-laws.
        • Section 239.(2)(b) personal matters about an identifiable individual, including municipal or local board employees

        At 9:15 p.m. the following motion was read in open session
        Moved by Martin Mazza, seconded by Councillor Paolo Miele 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 Wellington Street
        • 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 Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically relating to Medical Marijuana Zoning By-laws
        • Section 239.(2)(b) personal matters about an identifiable individual, including municipal or local board employees
        APPROVED (resolution #15).

        The Clerk read the following motion:

        Moved by Councillor Martin Mazza, Seconded by Paolo Miele WHEREAS Section 239.(7) of the Municipal Act, 2001 (hereinafter referred to as the “Act”) mandates that the municipality or local board or a committee of either of them shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it is closed to the public or not;
        AND WHEREAS Section 239.(8) of the Act requests that the record required by Section 239.(7) shall be made by the clerk, in the case of a meeting of Council;
        AND WHEREAS on March 20, 2017, Niagara-on-the-Lake Town Council will hold a Meeting which will proceed to a Closed Meeting as permitted under the Act;
        AND WHEREAS Section 228.(4) permits the clerk the discretionary authority to delegate in writing to any person, other than a member of council, any of the clerks powers and duties under the Act.
        THEREFORE BE IT RESOLVED THAT on March 20, 2017 the Clerk Peter Todd, delegates the authority for the purpose of the Closed Meeting to the Chief Administrative Officer, Holly Dowd.
        APPROVED (resolution #16).

        The Clerk did not proceed into the Closed Session meeting and remained in the Council Chambers for the duration of the meeting.
        Councillor Jamie King left the closed session at 9:50 p.m. and did not return to open session for the remainder of the Council meeting.
        At 10:04 p.m. the following motions were read in open session:

        Moved by Councillor Terry Flynn, 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)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; specifically a property on Wellington Street, with the following:

          That 3 readings be given to by-law 4958-17 and that the same be considered read a first, second, and third time and passed; and

          That Council purchase 176 Wellington Street for a purchase price of $3.5 million with a closing date of September 20, 2018.

        APPROVED (resolution #17).

        Moved by Councillor Paolo Miele, seconded by Councillor Martin Mazza 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 Terry Flynn, seconded by Councillor Paolo Miele 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 relating to Medical Marijuana Zoning By-laws, with no report.
        APPROVED. (resolution #19).

        Moved by Councillor Terry Flynn, seconded by Councillor Paolo Miele 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 no report.
        APPROVED (resolution #20).
      PROCEEDINGS BY-LAW:
      Clerk to read resolution for reading of by-law
      4961-17 - A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on March 20, 2017

      - resolution #21, BY-LAW RECEIVED THREE READINGS.

      VERBAL MOTIONS:
      1. Moved by Councillor Betty Disero Seconded by Councillor John Wiens that CDS-17-015 Vintages of Four Mile Creek Road be deferred to the April COTW meeting.
        APPROVED.
      2. Moved by Councillor Paolo Miele , seconded by Councillor Betty Disero that the agenda be adopted, as amended.
        APPROVED.
      3. Moved by Councillor John Wiens, seconded by Councillor Martin Mazza, that the Council of The Corporation of the Town of Niagara-on-the-Lake support the resolution from the Town of Lincoln requesting that the Region of Niagara's Agricultural Policy Action Committee support the Irrigation Working Group's Action Plan and its efforts to build a region wide strategic plan for agricultural irrigation.
        APPROVED.

      RESOLUTIONS:
      1. Moved by Councillor John Wiens, seconded by Councillor Paolo Miele, that the minutes of the Council Meeting held February 13, 2017 be adopted.
        APPROVED.
      2. Moved by Councillor Jamie King, seconded by Councillor Terry Flynn be it resolved that the town of Niagara-on-the-Lake Council request the Region conduct the necessary warrant study to examine the installation of an appropriate crosswalk within the planned Regional Road 55 roadway improvements planned for the Virgil corridor.
        APPROVED.
      3. Moved by Councillor Martin Mazza, seconded by Councillor Betty Disero, that the Minutes and Reports of the March 6, 2017 Community & Development Advisory Committee Meeting be adopted.
        APPROVED, AS AMENDED.
      4. Moved by Councillor Martin Mazza, seconded by Councillor Terry Flynn that staff report back to Council on next steps and options regarding the Simcoe Park water feature, including cost, regional vetting, and other approaches from Ontario Communities.
        APPROVED.
      5. Moved by Jamie King, seconded by Councillor Terry Flynn, that the Minutes and Reports of the March 6, 2017 Operations Advisory Committee Meeting be adopted.
        APPROVED, AS AMENDED.
      6. Moved by Councillor John Wiens, seconded by Councillor Paolo Miele that the Minutes and Reports of the March 6, 2017 Corporate Services Advisory Committee Meeting be adopted.
        APPROVED.
      7. Moved by Councillor Terry Flynn, seconded by Paolo Miele that a by-law be approved authorizing an agreement between The Corporation of the Town of Niagara-on-the-Lake and Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation for the Province of Ontario, with regard to the Ontario Municipal Cycling Infrastructure Program.
        APPROVED.
      8. Moved by Councillor John Wiens, seconded by Councillor Martin Mazza, that leave be given to introduce By-law Nos. 500WZ-17, 500XA-17, 4152E-17, 4316BY(1)-17, 4316CE-17, 4634A-17, 4745D-17, 4939A-17, 4949-17, 4950-17, 4951-17, 4952-17, 4953-17, 4954-17, 4955-17, 4956-17, 4957-17, 4959-17, 4960-17, 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.
      9. Moved by Councillor Paolo Miele, seconded by Councillor Terry Lynn

        WHEREAS the 2016 Census indicated that the Town of Niagara-on-the-Lake had the highest percentage of growth of any municipality in Niagara (13.7%) between 2011 to 2017;

        AND WHEREAS this percentage of growth is more than double the amount of the next highest growth rate (Niagara Falls 6.11%);

        AND WHEREAS Niagara-on-the-Lake had the highest growth rate of occupied dwellings in the Niagara Region (19.71%);

        AND WHEREAS this percentage of growth of occupied dwellings is more than double the amount of the next highest municipality (Grimsby 8.07%);

        AND WHEREAS currently the Town attracts approximately three million tourists each year.

        AND WHEREAS the contributions from the Niagara-on-the-Lake tax payers fund approximately 8% of the annual budget for the Niagara Regional Police Services (approximately $11 million);

        AND WHEREAS currently approximately 0.3 percent of uniformed police officers are dedicated to the area of Niagara-on-the-Lake.

        NOW THEREFORE BE IT RESOLVED that due to the increase in population and transient residents within the Town, the Council of The Corporation of the Town of Niagara-on-the-Lake respectfully request the Lord Mayor and Regional Councillor Gary Burroughs to petition the Regional Municipality of Niagara to dedicate additional uniformed officers to the area of Niagara-on-the-Lake.
        APPROVED.
      10. Moved by Councillor Terry Flynn, seconded by Councillor Paolo Miele

        WHEREAS in Canadian public policy the care of our lips, tongues and throats is fully covered by public funding, but not our teeth and gums;

        AND WHEREAS oral health is essential to maintaining overall health;

        AND WHEREAS a mounting body of evidence shows a link between poor oral health and diabetes, cardiovascular and respiratory diseases and Alzheimer's disease;

        AND WHEREAS untreated tooth decay, gum disease and tooth loss results in social and psychological suffering and interferes with employment opportunities;

        AND WHEREAS between 2 to 3 million Ontarians have not seen a dentist in the past year mainly due to the cost of private dental services;

        AND WHEREAS approximately every 9 minutes a person in Ontario arrives at a hospital emergency room with a dental problem but can only get painkillers or antibiotics, and this costs the health care system at least $31 million annually with no treatment of the problem;

        AND WHEREAS almost a third of Canadians have neither public nor private insurance to help them pay for the care of their teeth and gums;

        AND WHEREAS access to oral health care should not be limited to people with private health insurance or who can afford to pay out of pocket;

        AND WHEREAS Ontario's reform of the health care system should include oral health care so that vulnerable people in our communities have equitable access to the dental services they need to be healthy;

        AND WHEREAS Ontario only has public dental programs for low income children, and no public programs for low income adults and seniors;

        AND WHEREAS local Ontario Works (OW) recipients are eligible for limited discretionary coverage for emergency treatment only, and Ontario Disability Support Program (ODSP) recipients are eligible for basic dental care and limited discretionary coverage for dentures.

        NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the Town of Niagara-on-the-Lake strongly endorses the importance of oral health and requests that the Premier of Ontario include oral health as part of the government's primary care transformation initiatives; and

        FURTHER that Council calls on the provincial government to expand public oral health programs with prime consideration for low income adults and seniors; and

        THAT Council forwards a copy of this resolution to the Premier of Ontario, the Minister of Health and Long-Term Care, Local Members of Provincial Parliament, the Association of Municipalities of Ontario, and the Regional Municipality of Niagara.
        APPROVED.
      11. Moved by Councillor Betty Disero, seconded by Councillor Jamie King
        WHEREAS the Dock Area Public Realm Landscape Design Concept, presented by MHBC Planning Urban Design & Landscape Architecture, was endorsed by Council on July 27
        th, 2015, with the input from the community at a public engagement session on June 11, 2015;

        AND WHEREAS the Dock Area Public Realm Landscape Design Concept described soft surfaces and decorative paving for the Dock area parking lot and surrounding roads;

        AND WHEREAS the widening and repaving of the parking lot will take place in Spring 2017;

        AND WHEREAS the Council approved finish of the parking lot is scheduled to be asphalt.

        THEREFORE BE IT RESOLVED that the parking lot remain as a gravel lot for 2017 and a public consultation process take place to consider the finishing textures for the lot.
        APPROVED, AS AMENDED.
      12. Moved by Councillor Betty Disero, seconded by Councillor Terry Flynn that the Director of Operations meet on site with the Village Residents’ Association to discuss the possibilities of a left turn lane into the shopping plaza and report back to COTW in May 2017.
        APPROVED.
      13. Moved by Councillor Jamie King, seconded by Councillor John Wiens
        WHEREAS Council approved Corporate Services Report CS-16-019 Council Meeting Schedule for 2017, at the June 27, 2016 Council meeting;

        AND WHEREAS the Special Heritage Council meetings is scheduled to take place on April 17, 2017;

        AND WHEREAS Easter Monday falls on April 17
        th.

        THEREFORE BE IT RESOLVED that due to Easter Monday falling on April 17
        th, the Special Heritage Council meeting be scheduled to take place on Monday, April 24, 2017;

        AND the Town website be updated accordingly.
        APPROVED.
      14. Moved by Councillor Jamie King, seconded by Councillor John Wiens
        BE IT RESOLVED THAT Philip Wormwell be appointed to the Board of Directors of Niagara-on-the-Lake Hydro Inc. for the balance of this Term of Council 2014 - 2018.
        APPROVED.
      15. Moved by Councillor Paolo Miele, seconded by Councillor John Wiens 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 Wellington Street
        • 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 Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically relating to Medical Marijuana Zoning By-laws
        • Section 239.(2)(b) personal matters about an identifiable individual, including municipal or local board employees
        APPROVED.
        16. Moved by Councillor Martin Mazza, Seconded by Paolo Miele WHEREAS Section 239.(7) of the Municipal Act, 2001 (hereinafter referred to as the “Act”) mandates that the municipality or local board or a committee of either of them shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it is closed to the public or not;

        AND WHEREAS Section 239.(8) of the Act requests that the record required by Section 239.(7) shall be made by the clerk, in the case of a meeting of Council;

        AND WHEREAS on March 20, 2017, Niagara-on-the-Lake Town Council will hold a Meeting which will proceed to a Closed Meeting as permitted under the Act;

        AND WHEREAS Section 228.(4) permits the clerk the discretionary authority to delegate in writing to any person, other than a member of council, any of the clerks powers and duties under the Act.

        THEREFORE BE IT RESOLVED THAT on March 20, 2017 the Clerk Peter Todd, delegates the authority for the purpose of the Closed Meeting to the Chief Administrative Officer, Holly Dowd.
        APPROVED.

        17. Moved by Councillor Terry Flynn, 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)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; specifically a property on Wellington Street, with the following:

          That 3 readings be given to by-law 4958-17 and that the same be considered read a first, second, and third time and passed; and

          That Council purchase 176 Wellington Street for a purchase price of $3.5 million with a closing date of September 20, 2018.
          APPROVED.
        18. Moved by Councillor Paolo Miele, seconded by Councillor Martin Mazza 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 Terry Flynn, seconded by Councillor Paolo Miele 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 relating to Medical Marijuana Zoning By-laws, with no report.
          APPROVED.
        20. Moved by Councillor Terry Flynn, seconded by Councillor Paolo Miele 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 no report.
          APPROVED.
        21. Moved by Councillor John Wiens, seconded by Councillor Terry Flynn that leave be given to introduce By-law No. 4961-17 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.
        22. Moved by Councillor Terry Flynn, seconded by Councillor Paolo Miele that this Council adjourn to the next regular meeting to be held April 10, 2017, and if a special meeting is required, it will be held at the call of the Lord Mayor.
          APPROVED.

        VERBAL MOTIONS:


        ADJOURNMENT: 10:10 PM


        LORD MAYOR Pat Darte TOWN CLERK PETER TODD