COUNCIL MEETING MINUTES
Monday September 16, 2019
06:00 PM

 
PRESENT:
Lord Mayor Betty Disero, Councillors: John Wiens, Clare Cameron, Al Bisback, Norm Arsenault, Gary Burroughs, Wendy Cheropita, Stuart McCormack, Erwin Wiens

REGRETS:


STAFF:
Peter Todd Town Clerk
Victoria Butters Deputy Clerk
Sheldon Randall CAO (I)
Craig Larmour Director Community & Development
Nick Ruller Fire Chief
Brett Ruck Irrigation & Drainage Superintendent
Rick Wilson Manager of Planning
Denise Horne Planner II (Heritage Advisor)
Jeff Vyse Director Operations (A)
Kyle Freeborn Director Corporate Services (A)


OTHERS:


MEDIA:
Dariya Baiguzhiyeva The Lake Report
Penny Coles The NOTL Local
Beth Audet Niagara This Week
5:00 PM - CLOSED SESSION:
Clerk to read resolution

At 5:00 p.m. the following motions were read in open session:

The Municipal Act 2001, as amended,
  • 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board,specifically a property on Line 1 Road; and
  • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on John Street East; and
  • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Melville Street
  • Section 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically relating to activist groups in Town.

Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback that an item regarding property located on Line 2 Road be added to the closed session meeting.
APPROVED.

Councillor Al Bisback declared a conflict of interest with the closed session item dealing specifically with John Street East property as he resides in close proximity to the notice area. Councillor Bisback did not go into this closed session or take part in any discussion.

Moved by Councillor Norm Arsenault, 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:
  • 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Line 1 Road; and
  • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on John Street East; and
  • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Melville Street
  • Section 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically relating to activist groups in Town.
APPROVED (resolution #1).

CALL TO ORDER:

Lord Mayor Betty Disero called the meeting to order at 6:23 p.m.

FOCUS STATEMENT:

Councillor Clare Cameron opended the meeting with the focus statement.

O'CANADA:

Council, staff and all those present sang O'Canada.

At 6:27 p.m. the following motions were read in open session:

Moved by Councillor Norm Arsenault, seconded by Councillor John Wiens that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
  • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on John Street East with no report.
APPROVED (resolution#2).

Moved byCouncillor Clare Cameron, seconded by Councillor Stuart McCormack that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:

  • Section 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically relating to activist groups in Town with no report.
APPROVED (resolution #3)

The following items were not discussed during the closed session meeting at this time and were deferred to later in the meeting:
  • 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board,specifically a property on Line 1 Road; and
  • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Melville Street

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

The agenda was amended with the following:

(1) Moved Councillor Stuart McCormack, seconded by Councillor Al Bisback that should an additional day be required to complete the agenda it be set for Monday September 23, 2019.
      APPROVED.

(2) Moved by Councillor Gary Burroughs, seconded by Councillor Clare Cameron that By-law 5180-19 to adopt the New Official Plan for The Corporation of the Town of Niagara-on-the-Lake be deferred to the October 21, 2019 Council meeting.
      APPROVED.

(3) Councillor Clare Cameron requested to speak to 27 Prideaux Street and associated properties; and CAO recruitment.

(4) Additional delegation - Irene Murray Report CDS-19-026 Draft Cannabis By-law

(5) Additional delegation - Maria Mavridis CDS-19-028 Zoning By-law Amendment 963 Queenston Road

Moved by Councillor Stuart McCormack, seconded by Councillor Al Bisback that the agenda be adopted as amended.
APPROVED.


CONFLICT OF INTEREST:
Council members declare their conflicts of interest.


Councillor John Wiens previously declared a conflict of interest regarding CDS-19-027 - ZBA-07-2019 - Removal of Holding (H) Symbol 16006 Niagara River Parkway as he has ownership in a restaurant in close proximity to the subject property.

Councillor John Wiens previously declared a conflict of interest regarding CDS-19-029 - Applications for Site Plan Approval 15606 - 15608 Niagara River Parkway & 15618 Niagara River Parkway Grand Victorian and Reif Estate Winery, as an owner of the property is a partner to his business.

Councillor Al Bisback previously declared a conflict of interest regarding 144-176 John Street East as he lives in close proximity to the notice area.


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, October 7, 2019 at 6:00 p.m. The next Council Meeting is scheduled for Monday, October 21, 2019, at 6:00 p.m.

All delegation requests will be reviewed by the Clerk and included whenever possible. The deadline for non-agenda delegation requests is no later than 12:00 p.m. on the Thursday prior to the COTW or Council meeting and for delegations wishing to speak to a staff report listed on a published agenda submissions must be received by 12:00 p.m. on the day of the scheduled meeting.

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


MINUTES:
Clerk to read the resolution to adopt minutes

(1) Council Meeting Minutes dated July 15, 2019

(2) Special Council Meeting Minutes dated August 1, 2019

(3) Special Council Meeting Minutes dated August 15, 2019

Moved by Councillor Gary Burroughs, seconded by Councillor Clare Cameron that the minutes of the July 15, 2019 Council Meeting; August 1, 2019 Special Council Meeting; and August 15, 2019 Special Council Meeting be adopted.

-resolution #4, APPROVED JULY 15, 2019; AUGUST 1, 2019; AND AUGUST 15, 2019 COUNCIL MEETING MINUTES.


DELEGATIONS:
At Clerk's discretion, delegations will be added

Non-Agenda Delegation

(1) Dan Giancola Refuse to Lose Against PTSD
Treatment of First Responders Niagara Region

Dan Giancola stated he was present on behalf of Refuse to Lose Against PTSD Treatment of First Responders Niagara Region. Mr. Giancola highlighted local fundraising events, including the gala for Mental Health. Mr. Giancola provided background information about First Responders experiences with PTSD, and announced this year's fundraiser "Give the Boot To PTSD Refuse to Lose." In closing, Mr. Giancola invited all to attend and provided contact information for tickets to the October 5, 2019 event. Lord Mayor Betty Disero thanked Mr. Giancola for coming forward.

(2) John Pula, Alzheimer Society Niagara Region
Annual Coffee Break Campaign
      John Pula, Secretary of the Alzheimer Society Niagara Foundation introduced the 24th Annual Coffee Break Campaign starting on September 20th at Niagara Regional Headquarters. Mr. Pula provided information about dementia/statistics in the Niagara Region; success of the many programs; and the need for fundraising. Mr. Pula highlighted the funds raised last year and invited the Town to host a Coffee Break this year. In closing, Mr. Pula thanked Council for the opportunity to speak and presented Lord Mayor Betty Disero with a Coffee Break Host Kit.

(3) Community Wellness Committee Presentation

Cindy Grant thanked Council for the opportunity to present the Community Wellness Committee Update to Town Council September 16, 2019. Ms. Grant referred to an electronic presentation and highlighted the following:
        • Terms of Reference
        • Membership
        • Committee Actions to Date
        • Best Practice Research
        • Definition of "Wellness"
        • NOTL Wellness Framework
        • Join the Conversation Survey
        • Open House/Public Forum
        • Next Steps
      In closing, Ms. Grant noted the next steps and Lord Mayor Betty Disero thank her for coming forward.

Agenda Delegations

(1) Applications for Cancellation, Reduction or Refund of Taxes under Section 357 of the Municipal Act, 2001

-resolution #5, APPROVED.

(2) Terry and Wanda Nord, 15630 Niagara River Parkway
Site Plans Grand Victorian and Reif Winery

Councillor Al Bisback assumed the Chair at this time.

Terry Nord stated they have owned the property immediately to the north of the Grand Victorian and Reif Winery since 2007 referred to an electronic presentation highlighting their concerns with the following:
        • Record of Events - Grand Victorian
        • Some of our experiences
        • New site plan/prevention of incidents
        • Registered complaints
        • Prosecution/enforcement Noise by-law
        • Up to 20 Events per year
        • Implemented own mitigating measures/costs
        • By-law 4316-09 March 1, 2014 Sec. 6.13 Estate Wineries
        • Special Events/Event Business Plan for Weddings
        • Amplified music - Noise By-law revisions
        • June 2016 Applications
        • Revised Site Plan
        • Minutes of Settlement By-law 3803 Feb 4, 2014
        • Concerns with current site plan
      In closing, Mr. Nord asked Council for a balanced solution between residential quality of life and successful commercial business interests. Mr. Nord answered questions of Council and the Chair thanked him for coming forward.

Lord Mayor Betty Disero resumed the Chair at this time.

(3) Anne Just - CDS-19-027 Removal of Holding (H) Symbol 16006 Niagara River Parkway

Anne Just stated she was present to speak to Report CDS-19-027 regarding her property located at 16006 Niagara River Parkway. Ms. Just stated the subject matter was only dealing with whether the applicant has completed a traffic study to identify and address impacts on the Niagara Parkway to the satisfaction of the Niagara Parks Commission and the Town, which was submitted in March 2019. Ms. Just spoke to the traffic study; additional signage; and removal of holding symbol. Ms. Just answered questions of Council and Lord Mayor Betty Disero thanked her for coming forward.

(4) Irene Murray - Draft Cannabis By-law

Irene Murray stated she was present to comment on the draft Cannabis by-law and spoke to the outdated provincial guidelines/setbacks; distance from sensitive lands; 500XX draft by-law; St. Davids residents odour complaints; British Columbia odour challenges; greenhouses poor structures for cultivation; and setback distances beyond 2-3 km. In closing, Ms. Murray noted that 500XX 4.2.1 b) distance of 150 meters will not work and 4.2.1. outdoor field production should be removed. Lord Mayor Betty Disero thanked Ms. Murray for coming forward.

(5) Maria Mavridis - CDS-19-028 ZBA-17-2018 - Application for Zoning By-law Amendment 963 Queenston Road Proposed Estate Winery

Martin and Maria Mavridis stated they were present to provide new information regarding the application for a zoning by-law amendment for 963 Queenston Road Proposed Estate Winery. Mr. Mavridis referred to an electronic presentation and spoke to the following:
        • Niagara Region Permit # L181/18 963 Queenston Road
        • Niagara Region Permit to Construct or Demolish
        • Trucking Wastewater Off Site No Longer Permitted
        • Section 6.13 By-law Estate Wineries in Niagara-on-the-Lake
        • Wastewater for Cleaning
        • Commercial Restaurant Kitchen
        • Questions we should be asking
        • Equipment required to make wine
        • Investment in Equipment for Farm Winery
      Maria and Martin Mavridis answered questions of Council and Lord Mayor Betty Disero thanked them for coming forward.

RESPONSE TO DELEGATIONS FROM COUNCIL:

The following items were lifted for discussion and voted on separately and are listed under the September 9, 2019 Committee of the Whole Meeting Minutes.

      (1) Report CDS-19-029 Applications for Site Plan Approval 15606-15608 Niagara River Parkway & 15618 Niagara River Parkway Grand Victorian and Reif Estate Winery

(2) CDS-19-027 ZBA-07-2019 Removal of Holding (H) Symbol 16006 Niagara River Parkway (Kurtz Orchards) Restaurant Use - Traffic Impact Study Requirements

(3) CDS-19-026 Cannabis By-law Update
      (4) ZBA-17-2018 - Application for Zoning By-law Amendment 963 Queenston Road Proposed Estate Winery (Queenston Mile Vineyard) Addendum Report

COMMITTEE REPORTS:

(1) September 9, 2019 Committee of the Whole Meeting Minutes

The following reports were lifted for discussion and voted on separately under Response to Delegations from Council:

(a) Report CDS-19-029 Applications for Site Plan Approval 15606-15608 Niagara River Parkway & 15618 Niagara River Parkway Grand Victorian and Reif Estate Winery

      Moved by Councillor Stuart McCormack, seconded by Councillor Erwin Wiens that Report CDS-19-029 Re: 15630 Niagara River Parkway that the matter be deferred to the next available Council Meeting and that by September 19, 5:00 p.m. questions to the Director of Community & Development Services be submitted in respect of this matter.

      -resolution #6, APPROVED.

(b) Report CDS-19-027 ZBA-07-2019 Removal of Holding (H) Symbol 16006 Niagara River Parkway (Kurtz Orchards) Restaurant Use - Traffic Impact Study Requirements
      Moved by Councillor Clare Cameron, seconded by Councillor Stuart McCormack that the recommendation of COTW be upheld and the report be defeated.
A polled vote was called by Councillor Gary Burroughs.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
Lord Mayor Betty Disero
X
TOTALS
3
5
      DEFEATED CDS-19-027.

      Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback that the recommendations contained in Report CDS-19-027 be defeated.
A polled vote was called by Councillor Gary Burroughs.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
Lord Mayor Betty Disero
X
TOTALS
5
3
      APPROVED.

      Therefore the Committee of the Whole decision to defeat the recommendations contained in Report CDS-19-027 was voted on and approved.

(c) Report CDS-19-026 Cannabis By-law Update

Moved by Councillor Wendy Cheropita, seconded by Councillor Norm Arsenault:

1. That Council receive the Staff report CDS-19-026 regarding Cannabis.

2. That draft by-law no. 500XX-XX considered by the previous Council in 2018 be brought forward with the following amendments:

a) That section 4.2.1 a) be deleted;
          b) That section 4.2.1 b) that the setback from sensitive uses be increased from 150 meters to 1500 meters
          c) Section 4.2.1 c) shall read:
          "No lands, building or structure or portion there of used for Cannabis Cultivation, Production and Processing that is not equipped with air treatment control is situated in the Rural (A) Zone
      3 That a modified Leamington draft by-law attached to Report CDS-19-026 be referred to outside counsel for review and advise Council.
      4. That the Cannabis Committee be tasked with moving forward and requesting a meeting with the Minister of Agriculture to present a case with respect to representations relating to Cannabis cultivation in specialty crop areas with respect to representations related to cannabis cultivation in specialty crop lands.

      5. That staff be directed to remove the permissions for light industrial areas (sections 3 and 4 of previous draft by-law relating to light industrial).

      Report CDS-19-026 was voted on, as amended, and approved.

-resolution #7, APPROVED.

(d) Report CDS-19-028 ZBA-17-2018 - Application for Zoning By-law Amendment 963 Queenston Road - Proposed Estate Winery (Queenston Mile Vineyard) Addendum Report

Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs that Report CDS-19-028 be amended to include:

1. Queenston Mile continue to operate as a Farm Winery for a period of two years, from October 1, 2019 to October 1, 2021, in full compliance with all of the existing conditions for any Farm Winery in NOTL, to the satisfaction of the Town. If found to be operating outside of Farm Winery conditions during that time, the approval of Estate Winery zoning will not proceed and a new application process will be required.

A polled vote was called by Councillor Clare Cameron.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
4
5
      DEFEATED.

2. Commercial cooking equipment not be installed

A polled vote was called by Councillor Clare Cameron.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
5
4
      APPROVED.
3. The site plan must clearly define the use of square footage for particular purposes including a clearly defined and permanent wine production, processing and storage area, retail space hospitality area and any other uses.

A polled vote was called by Councillor Clare Cameron.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
7
2
      APPROVED.

      4. The applicant complete and submit to the Town's satisfaction a feasibility study for the relocation of the winery operation to the original approved winery site at the centre of this property.
A polled vote was called by Councillor Clare Cameron.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
4
5
      DEFEATED.

      5. The applicant install adequate septic system to the Region's approved, sufficient for handling the quantity of waste water to be expected in the industry for a winery of this size.

      5. Moved by Councillor Clare Cameron, seconded by Councillor Gary Burroughs that approval not proceed until member of Niagara Region Water & Wastewater staff attend Council for a discussion of existing approvals for septic system at Queenston Mile Vineyard, and other similar arrangements in the wine industry across Niagara-on-the-Lake.
A polled vote was called by Councillor Clare Cameron.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
4
5
      DEFEATED (resolution #8).

      Report CDS-19-028 963 Queenston Road - Proposed Estate Winery (Queenston Mile Vineyard) Addendum Report, as amended.
A polled vote was called by Councillor Stuart McCormack.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
5
4
      APPROVED, AS AMENDED

      Report CDS-19-028 ZBA-17-2018 - Application for Zoning By-law Amendment 963 Queenston Road - Proposed Estate Winery (Queenston Mile Vineyard) Addendum Report was voted on, as amended, and approved.

      -resolution #9, APPROVED, AS AMENDED.
(e) Report CAO-19-002 2018 - 2022 Strategic Plan

      Moved by Councillor Clare Cameron seconded by Councillor Wendy Cheropita that Report CAO-19-002 be amended to include:

      That strategy No. 2 be replaced with the following:
      "We will create a culture of customer service excellence";

      And further that strategy No. 4 line "Refine website using staff and resident input" be replaced with the following:

      "Replace website using constituent and stakeholder input".
APPROVED.

Report CAO-19-022 was voted on, as amended, and approved.

(f) Report CS-19-024 Council Meeting Schedule

Moved by Councillor Clare Cameron, seconded by Councillor Gary Burroughs that Report CS-19-024 be deferred to the October 21, 2019 Council meeting and that a revised Schedule be proposed.
APPROVED.

Report CS-19-024 was voted on and deferred to the October 21, 2019 Council meeting.
    The balance of the September 9, 2019 COTW Meeting Minutes was voted on and approved.

    -resolution #10, APPROVED, AS AMENDED, SEPTEMBER 9, 2019 COMMITTEE OF THE WHOLE MEETING MINUTES.

(2) OPS-19-016A Operations Centre - Mezzanine Renovation

-resolution #11, APPROVED.

(3) OPS-19-019 Ministry of Transportation Request to Rename Glendale Avenue East

-resolution #12, APPROVED.

(4) Municipal Heritage Committee Minutes - August 13, 2019

5.1 27 Prideaux Street Notice of Intention to Demolish - Proposed Building Elevations

Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that the meeting be extended beyond 10:30 p.m. in order to complete Council's consideration of MHC Minutes - August 13, 2019 5.1 27 Prideaux Street Notice of Intention to Demolish - Proposed Building Elevations.
APPROVED.

Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that Council move forward with designating these three properties 21, 27,and 31 Prideaux Street, under Part IV of the Heritage Act.
APPROVED.

At 10:37 p.m. Council agreed to recess the September 16, 2019 Council meeting, and to reconvene on Monday, September 23, 2019 at 6:00 p.m. to complete the agenda items.
APPROVED.

Monday, September 23, 2019 - 6:00 p.m.

Council reconvened on Monday, September 23, 2019 at 6:00 p.m. to complete the September 16, 2019 Council agenda items.

Lord Mayor Betty Disero announced the continuation of the September 16, 2019 Council meeting resuming with item (4) Municipal Heritage Committee Minutes - August 13, 2019.

(a) 21 Prideaux Street

5.1 27 Prideaux Street Notice of Intention to Demolish - Proposed Building Elevations
      Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback, that:
      1.1 Council provide, through the Clerk, Notice of Intention to Designate property known municipally as 21 Prideaux Street in accordance with subsections 29(3-4.1) of the Ontario Heritage Act, as per the attached Notice of Intention to Designate; and
      1.2 Council recommend that, if no notice of objection is served within the 30-day period, Council pass a By-law designating 21 Prideaux Street in accordance with subsection 29(6)(a)(i) of the Ontario Heritage Act.
A polled vote was called by Councillor Gary Burroughs 21 Prideaux Street.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
9
0
APPROVED.

      The Notice of Intention to Designate property known municipally as 21 Prideaux Street was voted on and approved.
(b) 27 Prideaux Street
      Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback, that:

      1.1 Council provide, through the Clerk, Notice of Intention to Designate property known municipally as 27 Prideaux Street in accordance with subsections 29(3-4.1) of the Ontario Heritage Act, as per the attached Notice of Intention to Designate; and;
      1.2 Council recommend that, if no notice of objection is served within the 30-day period, Council pass a By-law designating 27 Prideaux Street in accordance with subsection 29(6)(a)(i) of the Ontario Heritage Act.
A polled vote was called by Councillor Gary Burroughs 27 Prideaux Street.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
9
0
APPROVED.

      The Notice of Intention to Designate property known municipally as 27 Prideaux Street was voted on and approved.

(c) 31 Prideaux Street
      Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback, that:

      1.1 Council provide, through the Clerk, Notice of Intention to Designate property known municipally as 31 Prideaux Street in accordance with subsections 29(3-4.1) of the Ontario Heritage Act, as per the attached Notice of Intention to Designate; and;
      1.2 Council recommend that, if no notice of objection is served within the 30-day period, Council pass a By-law designating 31 Prideaux Street in accordance with subsection 29(6)(a)(i) of the Ontario Heritage Act.
A polled vote was called by Councillor Gary Burroughs 31 Prideaux Street.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
9
0
APPROVED.

      The Notice of Intention to Designate property known municipally as 31 Prideaux Street was voted on and approved.

      -resolution #13, APPROVED NOTICE OF INTENTION TO DESIGNATE.
      The balance of the minutes of the Municipal Heritage Committee Meeting held August 13, 2019 was voted on and approved.

      -resolution #14, APPROVED AUGUST 13, 2019 MHC MINUTES.

BY - LAWS:
Clerk to introduce the by-laws before Council
Clerk to read resolution(s) for readings of by-laws
(by-laws and agreements are available for viewing in the Clerk's Department)

500XJ-19- (Deferred to October 21, 2019 Council Meeting)- A by-law pursuant to section 34 and section 36 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 (963 Queenston Road).

4316DQ-19- 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 (358 Four Mile Creek Road)

5156A-19- A by-law to amend By-law 5156-19 being a by-law for the management, regulation & control of Niagara Lake Shore Cemetery

5177-19- (Deferred to October 21, 2019 Council Meeting) - A by-law to authorize a site plan agreement between The Corporation of the Town of Niagara-on-the-Lake and 1057614 Ontario Inc. (15606-15608 Niagara River Parkway)

5178-19- (Deferred to October 21, 2019 Council Meeting) - A by-law to authorize a site plan agreement between The Corporation of the Town of Niagara-on-the-Lake and Eva Wanda Kessel (15618 Niagara River Parkway)

5179-19- (Deferred to October 21, 2019 Council Meeting) - A by-law to authorize the Lord Mayor and Town Clerk to execute all necessary documents pertaining to the Assignment, Assumption and amending agreement between The Corporation of the Town of Niagara-on-the-Lake and TM Mobile Inc. and Bell Mobility Inc. (176 Wellington Street)

5180-19- (Deferred to October 21, 2019 Council Meeting) - Being a by-law to adopt the New Official Plan for The Corporation of the Town of Niagara-on-the-Lake in accordance with the provisions of the Planning Act R.S.O./ 1990

5181-19- A by-law to authorize the Lord Mayor and Town Clerk to execute all necessary documents between The Corporation of the Town of Niagara-on-the-Lake and Niagara Regional Broadband Network Limited (Municipal Access Agreement)

5182-19 - a by-law to authorize the Lord Mayor and Town Clerk to execute any and all necessary documents between her Majesty the Queen in right of Canada as represented by the Minister of Transport and The Corporation of the Town of Niagara-on-the-Lake.
-resolution #15 BY-LAWS, AS AMENDED, RECEIVED THREE READINGS.

CORRESPONDENCE AND MOTIONS:
Clerk to read resolution

1. The following resolution(s) be adopted:

(a) Municipal Accommodation Tax Committee

-resolution #16, APPROVED, AS AMENDED.

(b) Dock Area Master and Secondary Plans

-resolution #17, APPROVED.

(c) Interim Control By-law 5105-18 Infill Development Exemptions

-resolution # 18, DEFEATED.

(d) Noise By-law and Town By-laws
      Moved by Councillor Stuart McCormack, seconded by Councillor Gary Burroughs that the motion be amended to include, That staff be directed to advise by the next council meeting the number of legal proceedings that have been commenced by the Town AND bylaw violations resulting in payments by offenders in respect of noise violations in the last 10 years throughout the Town and in particular for locations on 1)the Niagara River Parkway and 2) York Road, for this purpose legal proceedings means actions actually filed in Court.
A polled vote was called by Councillor Gary Burroughs.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
7
2
      APPROVED.
      Moved by Councillor Stuart McCormack, seconded by Councillor Al Bisback that the motion be amended to include, That staff be tasked with plotting a path forward to address the issue of use of bird bangers and the possibility of employing alternate less intrusive strategies for bird control, which will of necessity require a formation of requisite stakeholders and experts , the holding of public meetings and recommendations from staff to Council with respect to this issue .
      And they consider the learnings contained in the document produced by the City of Abbotsford in so far as the process is concerned.

A polled vote was called by Councillor Gary Burroughs.
COUNCILLOR
YEA
NAY
Norm Arsenault
X
Allan Bisback
X
Gary Burroughs
X
Clare Cameron
X
Wendy Cheropita
X
Stuart McCormack
X
Erwin Wiens
X
John Wiens (conflict)
X
Lord Mayor Betty Disero
X
TOTALS
3
6
      DEFEATED.

-resolution #19, APPROVED, AS AMENDED.

(e) Town of Halton Hills Resolution - Single-use Plastics

-resolution #20, APPROVED.

2. Information Package(s)
      Council lifted the following item from the Information Package for discussion:
        (2) Niagara Region Report - Grants & Incentives Review

          -resolution #21, RECEIVED INFORMATION PACKAGE FOR INFORMATION.
    NOTICE OF MOTION:
    As per the Town's Procedural By-law, "A notice of motion may be introduced by any Member at a regular Meeting of Council or Committee of the Whole for consideration at the next or a subsequent regular meeting of Council, and the same shall then be included in the notice of the Meeting at which it is to be considered."

    There were no notices of motion brought forward at this meeting.

    NEW BUSINESS:
    New Business may be introduced at a regular Meeting under adoption of the Agenda. Items of direction to staff must be in the form of a motion.

    (1) Councillor Clare Cameron - CAO Recruitment

    Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that under section 2.2 of the Town's Procedure By-law, the rules be temporarily suspended in order to allow for the introduction of a motion to the Council meeting, specifically regarding the CAO recruitment, to be approved by a two-thirds majority of Council.
        APPROVED.

    Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that staff proceed with procuring recruitment services for the CAO role in a two envelope RFP process, consulting with surrounding municipalities as may be relevant.

    -resolution #22, APPROVED.

    (2) Council Wendy Cheropita - Funding for Chamber Events

    Moved by Councillor Wendy Cheropita, seconded by Councillor Gary Burroughs that under section 2.2 of the Town's Procedure By-law, the rules be temporarily suspended in order to allow for the introduction of a motion to the Council meeting, specifically regarding the funding for Chamber Events, to be approved by a two-thirds majority of Council.
        APPROVED.
        Moved by Councillor Wendy Cheropita, seconded by Councillor Gary Burroughs that Council approve in principal the funding of $20,000 for the Chamber of Commerce subject to a presentation from the Chamber of Commerce at the COTW meeting on October 7, 2019; and the $20,000 would be an advance from the 2020 amount to be received from the Town.
        APPROVED.

    LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:

    There were no reports, announcements or remarks at this meeting.

    MEMBERS' ANNOUNCEMENTS AND WORKPLAN UPDATES:
    Announcement of special functions Council attended and upcoming Community events

    There were no members' announcements or workplan updates at this meeting.

    At 7:50 p.m. the following motion was read in open session:

    Moved by Councillor Clare Cameron 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:
    • 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Line 1 Road; and
    • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Melville Street; and
    • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Line 2 Road; and .
    • Section 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically By-law 5179-19- Assignment,Assumption and amending agreement with TM Mobile Inc. and Bell Mobility Inc. (176 Wellington Street).
    APPROVED (resolution #23).

    At 8:30 p.m. the following motion was read in open session:

    Moved by Councillor Wendy Cheropita, seconded by Councillor Gary Burroughs that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
    239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Line 1 Road with no report; and
    • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Melville Street with no report; and
    • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Line 2 Road with no report; and .
    • Section 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically By-law 5179-19- Assignment,Assumption and amending agreement with TM Mobile Inc. and Bell Mobility Inc. (176 Wellington Street) that the by-law come forward at the October 21, 2019 Council meeting.
    APPROVED (resolution #24).

    PROCEEDINGS BY-LAW:
    Clerk to read resolution for reading of by-law
    5183-19- A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on September 16 & 23, 2019.

    -resolution # 25, BY-LAW RECEIVED THREE READINGS.

    RESOLUTIONS:

    1. Moved by Councillor Al Bisback, 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:
      • 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board,specifically a property on Line 1 Road; and
      • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on John Street East; and
      • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Melville Street; and
      • Section 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically relating to activist groups in Town; and
      • Section 239.(2)(c) a proposed or pending acquisition or disposition of land , specifically a property on Line 2 Road.
      APPROVED.
      2. Moved by Councillor Norm Arsenault, seconded by Councillor John Wiens that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
        • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on John Street East with no report.
          APPROVED.
      3. Moved byCouncillor Clare Cameron, seconded by Councillor Stuart McCormack that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
        • Section 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically relating to activist groups in Town with no report.
          APPROVED.

      4. Moved by Councillor Gary Burroughs, seconded by Councillor Clare Cameron that the minutes of the July 15, 2019 Council Meeting; August 1, 2019 Special Council Meeting; and August 15, 2019 Special Council Meeting be adopted.
      APPROVED.

      5. Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs that application Nos. 2019-00001, 2019-00002, 2019- 00003, 2019-00004, 2019-00005 and 2019-00006 for cancellation, reduction or refund of taxes under Section 357 of the Municipal Act, 2001 be approved.
      APPROVED.

      6. Moved by Councillor Stuart McCormack, seconded by Councillor Erwin Wiens Re: 15630 Niagara River Parkway that the matter be deferred to the next available Council meeting and that by September 19th 5:00p.m. questions to the Director of Community & Development Services be submitted in respect of this matter.
      APPROVED.

      7. Moved by Councillor Wendy Cheropita, seconded by Councillor Norm Arsenault:
      1. That Council receive the Staff report CDS-19-026 regarding Cannabis.
      2. That draft by-law no. 500XX-XX considered by the previous Council in 2018 be brought forward with the following amendments:
      a) That section 4.2.1 a) be deleted;
              b) That section 4.2.1 b) that the setback from sensitive uses be increased from 150 meters to 1500 meters
              c) Section 4.2.1 c) shall read:
              "No lands, building or structure or portion there of used for Cannabis Cultivation, Production and Processing that is not equipped with air treatment control is situated in the Rural (A) Zone
          3 That a modified Leamington draft by-law attached to Report CDS-19-026 be referred to outside counsel for review and advise Council.
          4. That the Cannabis Committee be tasked with moving forward and requesting a meeting with the Minister of Agriculture to present a case with respect to representations relating to Cannabis cultivation in specialty crop areas with respect to representations related to cannabis cultivation in specialty crop lands.
          5. That staff be directed to remove the permissions for light industrial areas (sections 3 and 4 of previous draft by-law relating to light industrial).
          APPROVED, AS AMENDED.
      8. 5. Moved by Councillor Clare Cameron, seconded by Councillor Gary Burroughs that approval not proceed until member of Niagara Region Water & Wastewater staff attend Council for a discussion of existing approvals for septic system at Queenston Mile Vineyard, and other similar arrangements in the wine industry across Niagara-on-the-Lake.
        A polled vote was called by Councillor Clare Cameron.
        COUNCILLOR
        YEA
        NAY
        Norm Arsenault
        X
        Allan Bisback
        X
        Gary Burroughs
        X
        Clare Cameron
        X
        Wendy Cheropita
        X
        Stuart McCormack
        X
        Erwin Wiens
        X
        John Wiens (conflict)
        X
        Lord Mayor Betty Disero
        X
        TOTALS
        4
        5
            DEFEATED.

        9. Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs that Report CDS-19-028 be amended to include:
        1. Queenston Mile continue to operate as a Farm Winery for a period of two years, from October 1, 2019 to October 1, 2021, in full compliance with all of the existing conditions for any Farm Winery in NOTL, to the satisfaction of the Town. If found to be operating outside of Farm Winery conditions during that time, the approval of Estate Winery zoning will not proceed and a new application process will be required.

        A polled vote was called by Councillor Clare Cameron.
        COUNCILLOR
        YEA
        NAY
        Norm Arsenault
        X
        Allan Bisback
        X
        Gary Burroughs
        X
        Clare Cameron
        X
        Wendy Cheropita
        X
        Stuart McCormack
        X
        Erwin Wiens
        X
        John Wiens (conflict)
        X
        Lord Mayor Betty Disero
        X
        TOTALS
        4
        5
            DEFEATED.

        2. Commercial cooking equipment not be installed

        A polled vote was called by Councillor Clare Cameron.
        COUNCILLOR
        YEA
        NAY
        Norm Arsenault
        X
        Allan Bisback
        X
        Gary Burroughs
        X
        Clare Cameron
        X
        Wendy Cheropita
        X
        Stuart McCormack
        X
        Erwin Wiens
        X
        John Wiens (conflict)
        X
        Lord Mayor Betty Disero
        X
        TOTALS
        5
        4
            APPROVED.
        3. The site plan must clearly define the use of square footage for particular purposes including a clearly defined and permanent wine production, processing and storage area, retail space hospitality area and any other uses.

        A polled vote was called by Councillor Clare Cameron.
        COUNCILLOR
        YEA
        NAY
        Norm Arsenault
        X
        Allan Bisback
        X
        Gary Burroughs
        X
        Clare Cameron
        X
        Wendy Cheropita
        X
        Stuart McCormack
        X
        Erwin Wiens
        X
        John Wiens (conflict)
        X
        Lord Mayor Betty Disero
        X
        TOTALS
        7
        2
            APPROVED.

            4. The applicant complete and submit to the Town's satisfaction a feasibility study for the relocation of the winery operation to the original approved winery site at the centre of this property.
        A polled vote was called by Councillor Clare Cameron.
        COUNCILLOR
        YEA
        NAY
        Norm Arsenault
        X
        Allan Bisback
        X
        Gary Burroughs
        X
        Clare Cameron
        X
        Wendy Cheropita
        X
        Stuart McCormack
        X
        Erwin Wiens
        X
        John Wiens (conflict)
        X
        Lord Mayor Betty Disero
        X
        TOTALS
        4
        5
            DEFEATED.

            5. The applicant install adequate septic system to the Region's approved, sufficient for handling the quantity of waste water to be expected in the industry for a winery of this size.

            5. Moved by Councillor Clare Cameron, seconded by Councillor Gary Burroughs that approval not proceed until member of Niagara Region Water & Wastewater staff attend Council for a discussion of existing approvals for septic system at Queenston Mile Vineyard, and other similar arrangements in the wine industry across Niagara-on-the-Lake.
        A polled vote was called by Councillor Clare Cameron.
        COUNCILLOR
        YEA
        NAY
        Norm Arsenault
        X
        Allan Bisback
        X
        Gary Burroughs
        X
        Clare Cameron
        X
        Wendy Cheropita
        X
        Stuart McCormack
        X
        Erwin Wiens
        X
        John Wiens (conflict)
        X
        Lord Mayor Betty Disero
        X
        TOTALS
        4
        5
            DEFEATED (-resolution #8).
        10. Moved by Councillor John Wiens, seconded by Councillor Al Bisback that the that the Minutes and Reports of the September 9, 2019 Committee of the Whole Meeting be adopted.
        APPROVED, AS AMENDED.

        11. Moved by Councillor John Wiens, seconded by Councillor Al Bisback That the recommendations contained in Operations Report OPS-19-016A be adopted to include:
            1.1 that the recommendation contained in Operations Report OPS-19-016, attached as Appendix 1, be received; and

            1.2 that Council approve $5,000 to be funded from the Development Charges Reserve, $10,000 each respectively from the Water and Waste Water Reserves for a total of $25,000 in order to complete the mezzanine renovations in the Operations Centre, including the removal and installation of free furniture from the Region.
        APPROVED.

        12. Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback That the recommendations contained in Operations Report OPS-19-019 be adopted to include:
            1.1 That Council approve the renaming of Glendale Avenue East as requested by the Ministry of Transportation; and

            1.2 That Council refer the choice of an alternate name for Glendale Avenue East to the Community and Development Services department as per the Town's Street Naming Policy.
        APPROVED.

        13. Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback, that:
            (a) 21 Prideaux Street
            1.1 Council provide, through the Clerk, Notice of Intention to Designate property known municipally as 21 Prideaux Street in accordance with subsections 29(3-4.1) of the Ontario Heritage Act, as per the attached Notice of Intention to Designate; and
            1.2 Council recommend that, if no notice of objection is served within the 30-day period, Council pass a By-law designating 21 Prideaux Street in accordance with subsection 29(6)(a)(i) of the Ontario Heritage Act.
        A polled vote was called by Councillor Gary Burroughs 21 Prideaux Street.
        COUNCILLOR
        YEA
        NAY
        Norm Arsenault
        X
        Allan Bisback
        X
        Gary Burroughs
        X
        Clare Cameron
        X
        Wendy Cheropita
        X
        Stuart McCormack
        X
        Erwin Wiens
        X
        John Wiens (conflict)
        X
        Lord Mayor Betty Disero
        X
        TOTALS
        9
        0
        APPROVED.

            (b) 27 Prideaux Street
            1.1 Council provide, through the Clerk, Notice of Intention to Designate property known municipally as 27 Prideaux Street in accordance with subsections 29(3-4.1) of the Ontario Heritage Act, as per the attached Notice of Intention to Designate; and;
            1.2 Council recommend that, if no notice of objection is served within the 30-day period, Council pass a By-law designating 27 Prideaux Street in accordance with subsection 29(6)(a)(i) of the Ontario Heritage Act.
        A polled vote was called by Councillor Gary Burroughs 27 Prideaux Street.
        COUNCILLOR
        YEA
        NAY
        Norm Arsenault
        X
        Allan Bisback
        X
        Gary Burroughs
        X
        Clare Cameron
        X
        Wendy Cheropita
        X
        Stuart McCormack
        X
        Erwin Wiens
        X
        John Wiens (conflict)
        X
        Lord Mayor Betty Disero
        X
        TOTALS
        9
        0
        APPROVED.

            (c) 31 Prideaux Street
            1.1 Council provide, through the Clerk, Notice of Intention to Designate property known municipally as 31 Prideaux Street in accordance with subsections 29(3-4.1) of the Ontario Heritage Act, as per the attached Notice of Intention to Designate; and;
            1.2 Council recommend that, if no notice of objection is served within the 30-day period, Council pass a By-law designating 31 Prideaux Street in accordance with subsection 29(6)(a)(i) of the Ontario Heritage Act.
        A polled vote was called by Councillor Gary Burroughs 31 Prideaux Street.
        COUNCILLOR
        YEA
        NAY
        Norm Arsenault
        X
        Allan Bisback
        X
        Gary Burroughs
        X
        Clare Cameron
        X
        Wendy Cheropita
        X
        Stuart McCormack
        X
        Erwin Wiens
        X
        John Wiens (conflict)
        X
        Lord Mayor Betty Disero
        X
        TOTALS
        9
        0
        APPROVED.

        14. Moved by Councillor Al Bisback, seconded by Councillor Gary Burroughs that the minutes of the Municipal Heritage Committee Meeting held August 13, 2019 be adopted.
        APPROVED.

        15. Moved by Councillor Norm Arsenault, seconded by Councillor Clare Cameron that leave be given to that leave be given to introduce By-law Nos. 500XJ-19 deferred, 4316DQ-19, 5156A-19, 5177-19 deferred, 5178-19 deferred, 5179-19 referred to closed session, 5180-19 deferred, 5181-19 and 5182-19 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.

        16. Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback BE IT RESOLVED that Council establish a Municipal Accommodation Tax (MAT)
            Committee to replace the existing working group;
            AND FURTHER that the MAT Committee be comprised of two (2) members of Council and three (3) four (4)representatives from the accommodation and/or tourism industry;
            AND FURTHER that Council appoint the following individuals to the committee:
            • Eduardo Lafforgue
            • Paul McIntyre
            • David Levesque
            • Tony Chisohlm
            AND FURTHER that the Committee use the assistance of the Community Engagement Coordinator to develop a communications plan.
            APPROVED, AS AMENDED.

        17. Moved by Councillor Al Bisback, seconded by Councillor Stuart McCormack BE IT RESOLVED that the following comments be forwarded to staff for comment and
            consideration in future review of the Dock Area Master or Secondary Plans:
            • Balls road will not be extended to River Beach drive
            • Lockhart street will not be extended to intersect Ball Street
            • There is to be no “turn around” created at King Street north
            • The path in the River Beach/ Ball Street park is not to be expanded in width, is to remain soft surface, prohibited to motorized vehicles (intended only for pedestrians and bicyclists)
            • No hard surface path from Turntable Road to the park area
            • No lighting in the Parkette
            • Two drop off points on Turntable Road to enable unloading of non-motorized water craft for non-commercial, personal use only i.e. canoes, kayaks, paddle boards
            • Redesign of the parking lot adjacent to the condominiumsTown houses on River Beach Road Drive at corner of Melville Street and shall consider the following:
              i) include metered parking,
              ii) include locations for potential rental space for non-motorized water craft and
              iii) parking lot to be made of porous material
            • No floating or fixed docks in the Parkette area; and that a response be provided by October 31, 2019.
            APPROVED.

        18. Moved by Councillor Norm Arsenault, seconded by Councillor John Wiens
        WHEREAS interim control Bylaw 5105-18 was put in place on December 5th to study and consider the Markham infill bylaw and its impact to the Old Town in Niagara-on-the-Lake;
            AND WHEREAS the Town continues with the comprehensive review of Official Plan policies, which will determine the provision of appropriate development policies as required by the Planning Act.
            THEREFORE BE IT RESOLVED that Council direct Staff to provide a report on the establishment of criteria under which Council may consider granting an exemption to
            the Interim Control By-law for the purpose of permitting the submission of applications for larger than 60 ft x 120 ft.
            DEFEATED.

        19. Moved by Councillor Erwin Wiens, seconded by Councillor Stuart McCormack
            WHEREAS Council members have met with stakeholders and members of the community regarding on-going concerns of noise in the community.
            AND WHEREAS after meeting with these individuals
            Council members believe there are areas which require further investigation from Town Staff and input from the Public.
            THEREFORE BE IT RESOLVED that Council request staff to review the following items, or any other items staff feel are appropriate, and report back to Council, for the
            purposes of starting a full public consultation process:

            1. Special Events Policy
              a. Adopting a policy by by-law with penalties included.
              b. Regulating the noise emitted from events and the possibility of having self regulating controls.
              c. Look at recovering a fee for the permit application in order to assist in potentially funding enforcement of the by-law.
            2. Short Term Rentals - Refer to Municipal Accommodation Tax and Glendale Task Force Committees
              a. Requiring applications to include contact info for a local contact, manager, or owner that is available when guests are present and having this information made readily available to the public.
              b. The ability to penalize owner of property for noise violations.
              c. Increase in annual fees for short term rental operators in order to assist with increased enforcement.
              d. The possibility of including penalties for operators advertising on various platforms without a license.

            3. Noise By-law
              a. The possibility of Including a decibel level 85/20 and resources required to monitor this.

              AND FURTHER that staff be required to include in the report the resources required to enforce to the by-laws;
              AND FURTHER that invoicing fees for Short Term Rentals be held off until after the 2020 budget process.

              AND That staff be directed to advise by the next council meeting the number of legal proceedings that have been commenced by the Town AND bylaw violations resulting in payments by offenders in respect of noise violations in the last 10 years throughout the Town and in particular for locations on 1)the Niagara River Parkway and 2) York Road, for this purpose legal proceedings means actions actually filed in Court.
              APPROVED, AS AMENDED.

        20. Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback
        BE IT RESOLVED that the Council of The Corporation of the Town of Niagara-on-the-Lake support the attached resolution from the Town of Halton Hills regarding Single-use Plastics.
            AND FURTHER that a copy of this resolution confirming Council’s support be forwarded to the Premier of Ontario, the Minister of Environment, Conservation and Parks, the
            Minister of Municipal Affairs, the Association of Municipalities of Ontario and the Town of Halton Hills.
            APPROVED.
        21. Moved by Councillor Gary Burroughs, seconded by Councillor Norm Arsenault that Council receive the September 12, 2019 Information Package for information.
        APPROVED.
          22. Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that staff proceed with procuring recruitment services for the CAO role in a two envelope RFP process, consulting with surrounding municipalities as may be relevant.
          APPROVED.

          23. Moved by Councillor Clare Cameron, 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:
            • 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Line 1 Road; and
            • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Melville Street; and
            • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Line 2 Road; and .
            • Section 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically By-law 5179-19- Assignment, Assumption and amending agreement with TM Mobile Inc. and Bell Mobility Inc. (176 Wellington Street).
          APPROVED.
            24. Moved by Councillor Wendy Cheropita, seconded by Councillor Gary Burroughs that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
              • 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Line 1 Road with no report; and
              • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Melville Street with no report; and
              • Section 239.(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically a property on Line 2 Road with no report; and .
              • Section 239.(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically By-law 5179-19- Assignment,Assumption and amending agreement with TM Mobile Inc. and Bell Mobility Inc. (176 Wellington Street) that the by-law come forward at the October 21, 2019 Council meeting.
                APPROVED.

            25. Moved by Councillor Wendy Cheropita, seconded by Councillor Gary Burroughs that leave be given to introduce By-law No. 5183-19, 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.
              26. Moved by Councillor Gary Burroughs, seconded by Councillor Erwin Wiens that this Council adjourn to the next regular meeting to be held October 21, 2019 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 Norm Arsenault, seconded by Councillor Al Bisback that an item regarding property located on Line 2 Road be added to the closed session meeting.
                  APPROVED.

              2 Moved Councillor Stuart McCormack, seconded by Councillor Al Bisback that should an additional day be required to complete the agenda it be set for Monday September 23, 2019.
                  APPROVED.

              3 Moved by Councillor Gary Burroughs, seconded by Councillor Clare Cameron that By-law 5180-19 to adopt the New Official Plan for The Corporation of the Town of Niagara-on-the-Lake be deferred to the October Council meeting.
                  APPROVED.

              4 Moved by Councillor Stuart McCormack, seconded by Councillor Al Bisback that the agenda be adopted as amended.
              APPROVED.

              5. Moved by Councillor Clare Cameron, seconded by Councillor Stuart McCormack that the recommendation of COTW be upheld and the report be defeated.
                A polled vote was called by Councillor Gary Burroughs.
                COUNCILLOR
                YEA
                NAY
                Norm Arsenault
                X
                Allan Bisback
                X
                Gary Burroughs
                X
                Clare Cameron
                X
                Wendy Cheropita
                X
                Stuart McCormack
                X
                Erwin Wiens
                X
                John Wiens (conflict)
                Lord Mayor Betty Disero
                X
                TOTALS
                3
                5
                    DEFEATED CDS-19-027.
                6. Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback that the recommendations contained in Report CDS-19-027 be defeated.
                  A polled vote was called by Councillor Gary Burroughs.
                  COUNCILLOR
                  YEA
                  NAY
                  Norm Arsenault
                  X
                  Allan Bisback
                  X
                  Gary Burroughs
                  X
                  Clare Cameron
                  X
                  Wendy Cheropita
                  X
                  Stuart McCormack
                  X
                  Erwin Wiens
                  X
                  John Wiens (conflict)
                  Lord Mayor Betty Disero
                  X
                  TOTALS
                  5
                  3
                      APPROVED.
                  7. Moved by Councillor Clare Cameron seconded by Councillor Wendy Cheropita that Report CAO-19-002 be amended to include:

                      That strategy No. 2 be replaced with the following:
                      "We will create a culture of customer service excellence";

                      And further that strategy No. 4 line "Refine website using staff and resident input" be replaced with the following:

                      "Replace website using constituent and stakeholder input".
                  APPROVED.

                  8. Moved by Councillor Clare Cameron, seconded by Councillor Gary Burroughs that Report CS-19-024 be deferred to the October 21, 2019 Council meeting and that a revised Schedule be proposed.
                  APPROVED.

                  9. Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that the meeting be extended beyond 10:30 p.m. in order to complete Council's consideration of MHC Minutes - August 13, 2019 5.1 27 Prideaux Street Notice of Intention to Demolish - Proposed Building Elevations.
                  APPROVED.

                  10. Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that Council move forward with designating these three properties 21, 27,and 31 Prideaux Street, under Part IV of the Heritage Act.
                  APPROVED.

                  11. Moved by Councillor Stuart McCormack, seconded by Councillor Gary Burroughs that the motion be amended to include, That staff be directed to advise by the next council meeting the number of legal proceedings that have been commenced by the Town AND bylaw violations resulting in payments by offenders in respect of noise violations in the last 10 years throughout the Town and in particular for locations on 1) the Niagara River Parkway and 2) York Road, for this purpose legal proceedings means actions actually filed in Court.
                    A polled vote was called by Councillor Gary Burroughs.
                    COUNCILLOR
                    YEA
                    NAY
                    Norm Arsenault
                    X
                    Allan Bisback
                    X
                    Gary Burroughs
                    X
                    Clare Cameron
                    X
                    Wendy Cheropita
                    X
                    Stuart McCormack
                    X
                    Erwin Wiens
                    X
                    John Wiens (conflict)
                    X
                    Lord Mayor Betty Disero
                    X
                    TOTALS
                    7
                    2
                        APPROVED.

                    12. Moved by Councillor Stuart McCormack, seconded by Councillor Al Bisback that the motion be amended to include, That staff be tasked with plotting a path forward to address the issue of use of bird bangers and the possibility of employing alternate less intrusive strategies for bird control, which will of necessity require a formation of requisite stakeholders and experts , the holding of public meetings and recommendations from staff to Council with respect to this issue .
                        And they consider the learnings contained in the document produced by the city of Abbotsford in so far as the process is concerned.

                    A polled vote was called by Councillor Gary Burroughs.
                    COUNCILLOR
                    YEA
                    NAY
                    Norm Arsenault
                    X
                    Allan Bisback
                    X
                    Gary Burroughs
                    X
                    Clare Cameron
                    X
                    Wendy Cheropita
                    X
                    Stuart McCormack
                    X
                    Erwin Wiens
                    X
                    John Wiens (conflict)
                    X
                    Lord Mayor Betty Disero
                    X
                    TOTALS
                    3
                    6
                        DEFEATED.

                    13. Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that under section 2.2 of the Town's Procedure By-law, the rules be temporarily suspended in order to allow for the introduction of a motion to the Council meeting, specifically regarding the CAO recruitment, to be approved by a two-thirds majority of Council.
                        APPROVED.
                    14. Moved by Councillor Wendy Cheropita, seconded by Councillor Gary Burroughs that under section 2.2 of the Town's Procedure By-law, the rules be temporarily suspended in order to allow for the introduction of a motion to the Council meeting, specifically regarding the funding for Chamber Events, to be approved by a two-thirds majority of Council.
                        APPROVED.
                    15. Moved by Councillor Wendy Cheropita, seconded by Councillor Gary Burroughs that Council approve in principal the funding of $20,000 for the Chamber of Commerce subject to a presentation from the Chamber of Commerce at the COTW meeting on October 7, 2019; and the $20,000 would be an advance from the 2020 amount to be received from the Town.
                        APPROVED.


                    ADJOURNMENT: 08:45 PM


                    LORD MAYOR BETTY DISERO TOWN CLERK PETER TODD