COUNCIL MEETING MINUTES
Monday February 10, 2014
07:00 PM

 
PRESENT:

Lord Mayor Dave Eke, Councillors: Dennis Dick, Jamie King, Andrea Kaiser, Maria Bau-Coote, Terry Flynn


REGRETS:

Councillors: Jim Collard, Martin Mazza, Gary Zalepa

STAFF:

Mike Galloway Chief Administrative Officer
Holly Dowd Town Clerk
Victoria Butters Deputy Clerk
Sheldon Randall Director of Corporate Services
Ewald Kuczera Director of Public Works
Clive Buist Director of Parks & Recreation
Alex Burbidge Fire Chief
John Henricks Director of Community & Development
Peter Todd Management Intern
Dawn McInnis Program Manager, Communications and Customer Relations


OTHERS:


MEDIA:

Suzanne Mason Sun Media
Melinda Cheevers Niagara This Week
Representative TVCogeco

CALL TO ORDER:

The Lord Mayor called the meeting to order at 7:00 p.m.

INVOCATION:

Councillor Maria Bau-Coote opened the meeting with a prayer.

O'CANADA:

Council and all those present sang O'Canada.

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

The Clerk advised that non-agenda delegation item (3) Val O'Donnell, 2015 Ontario Heritage Conference - Niagara, was withdrawn at the request of the delegate and will be brought forward at a future Council meeting.

Moved by Councillor Terry Flynn, seconded by Councillor Jamie King that the agenda be adopted as presented and amended by removing the delegation as noted. APPROVED.

CONFLICT OF INTEREST:

There were no conflicts of interest declared at this time.

LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:

Lord Mayor Dave Eke spoke to the following:
    • Parliament Oak Public School ARC Committee Meeting, January 22
    • Shaw Festival Theatre Annual General Meeting, January 31
    • Niagara-on-the-Lake Chamber of Commerce Spirit of Niagara Awards/Joe Pillitteri Citizen of the Year, February 3
    • Prince of Wales Hotel 150th Anniversary Gala, February 7
    • Town's 2nd Canadian Award for Financial Reporting (CAnFR) from the Government Finance Officers Association United States and Canada for the 2012 Annual Report

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

There were no announcements at this time.

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,
February 24, 2014, at 7:00 p.m. The next Council Meeting is scheduled for Monday, March 3, 2014, at 7:00 p.m.

All delegation requests must be submitted to the Clerk's Department by 10:00 a.m. on the day of the 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 Minutes dated January 20, 2014

- resolution #1, APPROVED JANUARY 20, 2014 COUNCIL 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) Terry Flynn, Niagara District Airport Commission
Len O'Connor, Airport Manager
Proposed 2014 Capital Budget & 2014 Operating Budget

Councillor Terry Flynn, Airport Commission and Len O'Connor, Airport Manager introduced the proposed 2014 Capital Budget & 2014 Operating Budget and referred to an electronic presentation highlighting the following:
        • Proposed 2014 Capital Forecast and 2014 Operating Budget Steps
        • Organizational Chart- Airport Staff/Airport Commission Members/Airport Liaison Committee
        • Improvements to the Capital Budget Process
        • 2014 Proposed Capital Budget $200,000
        • 2014 Proposed Operating Budget $287,000
        • One Time for Airport Planner $41,5000
        • Capital Project Status Report
        • Proposed 2014 Capital Projects
        • Proposed 2014 Working Capital Expenditure
        • 2014 Operating Budget
        • Contribution to Achieve Capital Budget and Forecast
        • Municipal Contribution to Support 2014 Operating Budget
        • One Time Airport Planner
        • One Time Municipal Contribution to Support Airport Planner
        • Niagara Falls/St. Catharines/Niagara-on-the-Lake 2014 Contributions
      General discussion took place including the proposed Airport sign budget item; status of previous budget items; proposed
      Airport Planner; international market/flights/requirements; long term vision/business plan; and private hangars. In closing, Councillor Flynn thanked the CAO and staff for their help and support with the proposed budgets and Lord Mayor Dave Eke thanked the presenters for coming forward.

      It was noted there is a motion on the Council Agenda, to be dealt with under Correspondence.

(2) Laura Dominick, Fund Development Officer
Big Brothers Big Sisters-Tim Hortons Bowl for Kids Sake

Laura Dominick, Fund Development Officer and Shauna Reid, Special Event Coordinator introduced the Big Brothers Big Sisters Bowl for Kids Sake event and referred to an electronic presentation highlighting the following:
        • Just Another Day in Paradise
        • Big Brothers Big Sisters St. Catharines - Thorold & District is the leading youth mentoring organization in Niagara
        • Supported by our community, serving the needs of our community
        • Tim Hortons Bowl for Kids Sake
        • BBBS St. Catharines 2014 Campaign Goal: $150,000
        • Where does the money go?
        • Social Return on Investment
        • Bring your sunscreen - This year's theme is LUAU!
        • Thank you for your support

Ms. Dominick and Ms. Reid provided promotional material/details of the event to take place on Saturday February, 22; Tuesday February 25; and Saturday March 21 and answered question of Council. In closing, Ms. Dominick and Ms. Reid invited everyone to come out and support Big Brothers Big Sisters and Lord Mayor Dave Eke thanked them for coming forward.

(3) Val O'Donnell, 315 Palatine Place
2015 Ontario Heritage Conference - Niagara

The delegate advised they would not attend the meeting, but will advise when they can attend a future meeting.

Agenda Delegation

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

The Lord Mayor asked if there was anyone in the audience wishing to speak to the 357 application. No one came forward to speak.

- resolution #2, APPROVED 357 APPLICATION.

RESPONSE TO DELEGATIONS FROM COUNCIL:

There was no response to delegations at this time.

COMMITTEE REPORTS:

(1) Community & Development Advisory Committee
Chair Councillor Gary Zalepa, Vice Chair Councillor Terry Flynn

The following are the recommendations from the February 3, 2014 Community & Development Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
      (a) Report CDS-14-006 (8 Vincent Avenue)
      1.1 That the Deeming By-law attached as Appendix A to this report and prepared pursuant to Section 50(4) of the Planning Act to deem Lots 215, 216 and 217, Plan 73A not to be in a registered plan of subdivision be forwarded to Town Council for approval
(b) Report CDS-14-007
      1.1 That the January 14, 2014 Municipal Heritage Committee minutes be received; and
      1.2 That the following Ontario Heritage Permits be forwarded to Council for approval, subject to conditions as outlined in the January 14, 2014 Municipal Heritage Committee minutes:
          1.2.1 Repaint the exterior surfaces at 343 Queenston Road; and
          1.2.2 Replace/repair rotted frieze boards and crown molding at 343 Queenston Road; and
          1.2.3 Repair the windows at 343 Queenston Road; and,
          1.2.4 That a Heritage Restoration and Improvement Grant in the amount of $3,248.75, for restoration projects at 343 Queenston Road be approved based on the quotation provided by Lynchwood Design and Build; and
          1.2.5 That the original windows are not replaced at 209 Queen Street; and
          1.2.6 That the original columns are retained and restored using the least invasive techniques possible at 209 Queen Street
      1.3 That the following recommendation be forwarded to Council for approval, subject to comments as outlined in the January 14, 2014 Municipal Heritage Committee minutes:
          1.3.1 The Municipal Heritage committee recommends adaptive reuse of the original building at 135 Queen Street; and
          1.3.2 The applicant return to the MHC for review of any proposed new building masses in the courtyard and any future articulation of Block A, landscaping and any other elements at 135 Queen Street; and
          1.3.3 The applicant provides the Municipal Heritage Committee with a scoped Heritage Impact Assessment for 135 Queen Street that addresses the design of the proposed new buildings and their impact to the streetscape and the Business area of the Queen-Picton Heritage Conservation District; and
          1.3.4 In consideration of 1.3.1, the assessment also addresses the preservation of the original building and how that will be implemented and how the proposed new buildings in the rear will relate to the adaptive reuse of the original building in a complimentary fashion at 135 Queen Street
      The Clerk read a brief summary from the February 3, 2014 Community & Development Advisory Committee meeting.

      - resolution #3, APPROVED FEBRUARY 3, 2014 COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES.

(2) Corporate Services Advisory Committee
Chair Councillor Andrea Kaiser, Vice Chair Councillor Jamie King

The following are the recommendations from the February 3, 2014 Corporate Services Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
      (a) Report CS-14-002
      1.1 That the Council of the Corporation of the Town of Niagara-on-the-Lake declare the "Food Truck Eats at Peller Estates Winery" event, to be held on May 16 - May 18, 2014, on private property located at 290 John Street East, Niagara-on-the-Lake, to be of "Municipal Significance" in order to obtain a special event permit from the Alcohol and Gaming Commission of Ontario; and
      1.2 That Council grant a Special Event Permit from the Town, to Peller Estates Winery for their three day event, May 16 - May 18, 2014
      (b) that staff be asked to confirm with the DSBN if the old NDSS property has been declared surplus and if so, what is the process moving forward

      The Clerk read a brief summary from the February 3, 2014 Corporate Services Advisory Committee meeting.

      - resolution #4, APPROVED FEBRUARY 3, 2014 CORPORATE SERVICES ADVISORY COMMITTEE MEETING MINUTES.

(3) Public Works Advisory Committee
      Chair Councillor Jim Collard, Vice Chair Councillor Maria Bau-Coote

      The following are the recommendations from the February 3, 2014 Public Works Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
      (a) Report PW-14-002
      1.1 That Council accept the low tender of $1,352,910.40 (excluding applicable taxes) from Alfred Beam Excavating Ltd. for the Four Mile Creek Road Reconstruction tender, from Penner Street to East-West Line, 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 $60,000 (excluding applicable taxes)
(b) Report PW-14-003
      1.1 That Council accept the low tender of $351,181.00 (excluding applicable taxes) from O'Hara Trucking & Excavating for the Stewart Road watermain replacement, from Niagara Stone Road to Eastchester Avenue and the Eastchester Avenue watermain extension, from Niagara Stone Road to 80 meters west, 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 R.V. Anderson Associates Limited in the amount of $50,000 (excluding applicable taxes)
(c) Report PW-14-004
      1.1 That the 2013 Summary Report for the Niagara-on-the-Lake Water Distribution System and the Bevan Heights Water Distribution System, as contained in report PW-14-004, be received by Council

      The Clerk read a brief summary from the February 3, 2014 Public Works Advisory Committee meeting.

      - resolution #5, APPROVED FEBRUARY 3, 2014 PUBLIC WORKS ADVISORY COMMITTEE MEETING MINUTES.
(4) Parks & Recreation Advisory Committee
      Chair Councillor Dennis Dick, Vice Chair Councillor Martin Mazza

      The following are the recommendations from the February 3, 2014 Parks & Recreation Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
      (a) Report RC-14-001
      1.1 That the 2013 annual Christmas Parade report be received and that the Town appoint the 2014 Parade Committee Members as outlined in the report
(b) Report RC-14-002
      1.1 That the Town of Niagara-on-the-Lake recognizes the 100th anniversary of the United Empire Loyalists' Association of Canada at the Queen / Mississauga Street Floral Display in 2014
(c) Report RC-14-003
      1.1 That the Parks & Recreation Department replace their 2001 Olympia resurfacer by purchasing a 2014 Olympia resurfacer from Resurfice Corp, Elmira, for a total price of $87,467.65 which includes all taxes and trade in; and
      1.2 That the Parks & Recreation Department pursue an advertising sponsor as outlined for the new resurfacer to help offset annual vehicle operating costs
      (d) that the Town clock tower timer be modified on New Year's Eve to keep ringing until midnight
      The Clerk read a brief summary from the February 3, 2014 Parks & Recreation Advisory Committee meeting.

      - resolution #6, APPROVED PARKS & RECREATION ADVISORY COMMITTEE MEETING MINUTES.

(5) Clerk to read resolution to adopt recommendation
Chief Administrative Officer's Report CAO-14-001
Selling Veterans Memorial Park for Condominium Development

- resolution #7, APPROVED RECOMMENDATION CAO-14-001.

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)

4696-14- A by-law to deem parts of a certain registered plan of subdivision not to be a registered plan of subdivision for the purposes of section 50(3) of the Planning Act (8 Vincent Avenue)

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

CORRESPONDENCE AND MOTIONS:
Clerk to read resolution

(a) Proposed motion
Delegation Niagara District Airport Commission

Further to the delegation, discussion took place regarding the proposed 2014 Capital and Operating budgets and potential funding mechanisms. In answer to a question, the CAO advised that a report will come forward clarifying the airport's budgets and any available funding mechanisms.

- resolution #9, APPROVED NIAGARA DISTRICT AIRPORT COMMISSION RESOLUTION.

(b) Urban Design Committee Appointment

- resolution #10, APPROVED URBAN DESIGN COMMITTEE 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."

There was no notice 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.

There was no new business brought forward at this meeting.

PROCEEDINGS BY-LAW:
Clerk to read resolution for reading of by-law
4698-14- A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on February 10, 2014

- resolution #11, BY-LAW RECEIVED THREE READINGS.


VERBAL MOTIONS:

1. Moved by Councillor Terry Flynn, seconded by Councillor Jamie King that the agenda be adopted as presented and amended by removing item as noted. APPROVED.

RESOLUTIONS:

1. Moved by Councillor Terry Flynn, seconded by Councillor Dennis Dick that the minutes of the Council meeting held January 20, 2014 be adopted. APPROVED.

2. Moved by Councillor Terry Flynn, seconded by Councillor Dennis Dick that application no. 2012-00003 for cancellation, reduction or refund of taxes under Section 357 of the Municipal Act, 2001 be approved. APPROVED.

3. Moved by Councillor Terry Flynn, seconded by Councillor Maria Bau-Coote that the Minutes/Report of the February 3, 2014 Community & Development Advisory Committee Meeting be adopted. APPROVED.

4. Moved by Councillor Andrea Kaiser, seconded by Councillor Jamie King that the Minutes/Report of the February 3, 2014 Corporate Services Advisory Committee Meeting be adopted. APPROVED.

5. Moved by Councillor Maria Bau-Coote, seconded by Councillor Terry Flynn that the Minutes/Report of the February 3, 2014 Public Works Advisory Committee Meeting be adopted. APPROVED.

6. Moved by Councillor Dennis Dick, seconded by Councillor Jamie King that the Minutes/Report of the February 3, 2014 Parks & Recreation Advisory Committee Meeting be adopted. APPROVED.

7. Moved by Councillor Terry Flynn, seconded by Councillor Dennis Dick that the recommendation contained in Chief Administrative Officer’s Report CAO-14-001 be adopted to include:
      1.1 That the Council of the Corporation of the Town of Niagara-on-the-Lake not take action on the request by real estate salesperson and developer Jonathan Fast regarding the selling of Veterans Memorial Park for the purpose of condominium development. APPROVED.
8. Moved by Councillor Terry Flynn, seconded by Councillor Dennis Dick that leave be given to introduce By-law 4696-14 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 Terry Flynn, seconded by Councillor Dennis Dick that Council receive the Niagara District Airport Commission presentation regarding the proposed 2014 Capital and Operating Budgets and staff be directed to look into available funding mechanisms. APPROVED.

10. Moved by Councillor Terry Flynn, seconded by Councillor Dennis Dick that Mr. Doug Newman be appointed to the Urban Design Committee to fill the vacancy resulting from the resignation of a member. APPROVED.

11. Moved by Councillor Dennis Dick, seconded by Councillor Terry Flynn that leave be given to introduce By-law 4698-14 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.

12. Moved by Councillor Dennis Dick, seconded by Councillor Terry Flynn that this Council adjourn to the next regular meeting to be held March 3, 2014 and if a special meeting is required, it will be held at the call of the Lord Mayor. APPROVED.

ADJOURNMENT: 08:02 PM


LORD MAYOR DAVE EKE TOWN CLERK HOLLY DOWD