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PRESENT:
Lord Mayor Pat Darte, Councillors: Jim Collard, Paolo Miele, Martin Mazza, Betty Disero, John Wiens, Jamie King (6:12 p.m.), Maria Bau-Coote (6:59 p.m.), Terry Flynn.
REGRETS:
STAFF:
Holly Dowd Chief Administrative Officer
Peter Todd Town Clerk
Victoria Butters Deputy Clerk
Sheldon Randall Director of Operations
Craig Larmour Director Community & Development
Kyle Freeborn Manger of Finance/Treasurer
Rob Grimwood Fire Chief
Kevin Turcotte Manager Parks & Recreation
OTHERS:
MEDIA:
Suzanne Mason Sun Media
Mike Zettel Niagara-on-the-Lake Advance
CALL TO ORDER:
The Lord Mayor called the meeting to order at 6:09 p.m.
FOCUS STATEMENT:
Councillor Paolo Miele opened the meeting with the focus statement.
O'CANADA:
Council, staff and all those present sang O'Canada.
ADOPTION OF THE AGENDA:
(New Business Items and Notice of Motions to be introduced)
The Clerk advised of the following amendments/revisions to the agenda:
- Corporate Services Report CS-17-035 Community Guide Policy required an amendment to identify newly established Niagara-on-the-Lake Advance
- Report FC-17-019 identified an amendment not permitted to Report FC-17-015, as amended, 2017 Interim Capital Project Closure Report, therefore required an amendment to remove recommendation 1.4.
Moved by Councillor Terry Flynn, seconded by Councillor John Wiens that the agenda be adopted as presented and amended by items as noted.
APPROVED.
CONFLICT OF INTEREST:
Council members declare their conflicts of interest.
Councillor Jim Collard previously declared a conflict of interest with 114, 118, 122, 126 Queen Street, 219 Victoria Street, and 115, 117, 119 Johnson Street and 129 Johnson Street – Official Plan and Zoning By-law Amendments, of the November 27, 2017 Public Community & Development Advisory Committee Meeting minutes as his family operates a short term rental.
Councillor Jim Collard previously declared a conflict of interest with Report FC-17-018 Final Operating and Capital Budgets specifically, Corporate Services - Information Systems Salaries & Wages and Employee Benefits 130-1150-10000 and 130-1150-11001, of the December 4, 2017 Finance Advisory Committee Meeting minutes as a family member is currently employed by the Town.
Councillor Jim Collard declared a conflict of interest with Finance Committee Report FC-17-019 2018 Operating and Capital Budgets, specifically Corporate Services - Information Systems Salaries & Wages and Employee Benefits 130-1150-10000 and 130-1150-11001, as a family member is currently employed by the Town.
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:
Lord Mayor Pat Darte spoke to the following:
- Chamber of Commerce Turning on the Lights In Old Town, November 15
- Pleasant Manor Plaque Unveiling Ceremony; Lord Mayor's Youth Advisory Council Meet & Greet, November 20
- Christmas Carol Opening Performance, November 25
- Candlelight Stroll, December 1
- NOTL Christmas Parade, December 9
Lord Mayor Pat Darte spoke to the recent passing of Rod Brown and Karl Kaiser and highlighted their contributions to the community.
MEMBERS' ANNOUNCEMENT:
Announcement of special functions Council attended and upcoming Community events
Councillor Jim Collard provided an update regarding a meeting with the Ministry of Education and members of education boards to find ways to better utilize under used schools.
Councillor Terry Flynn announced best wishes for the holiday season; and, spoke to the November 21 Queen Street Pedestrian Mall Open House.
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, January 8, 2018, at 6:00 p.m. The next Council Meeting is scheduled for Monday, January 15, 2018 , at 6:30 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 November 13, 2017
-resolution #1, APPROVED NOVEMBER 13, 2017 COUNCIL MEETING MINUTES.
(2) Special Council Minutes dated November 21, 2017
-resolution #2, APPROVED NOVEMBER 21, 2017 SPECIAL COUNCIL MEETING MINUTES.
DELEGATIONS:
At Clerk's discretion, delegations will be added
Non-Agenda Delegation
(1) David Price, McMaster Department Family Medicine
Tanya Elliot, Canadian Red Cross
Mary Keith Niagara North Family Health Team
Health Tapestry Program
Dr. Price, family physician and chair of the Family Medicine Department at McMaster University introduced Tanya Elliot, Canadian Red Cross, Mary Keith, Niagara North Family Health Team, Nelson RuizBlanco, Volunteer Co-ordinator and Julie Datta, Program Manager. Dr. Price and Tanya Elliot referred to an electronic presentation and provide background information about the Health Tapestry Program highlighting the following:
- Health TAPESTRY Approach
- The Approach
- Benefits to the Clients
- Benefits to the Primary Care Team & Healthcare System
- Health Tapestry Ontario
- Volunteer Coordination
- Role of the Volunteer
- Health Tapestry Website - healthtapestry.ca
The presenters answered questions of Council and Lord Mayor Pat Darte thanked them for coming forward.
(2) John Hawley, Niagara-on-the-Lake
Rite of Passage - Regent Street Park
Mr. Hawley stated he was representing The Voices of Freedom Committee, a subcommittee of Communities in Bloom. Mr. Hawley provided background information about the Town of Niagara-on-the-Lake setting aside a significant site in the heart of the Old Town to understand, celebrate, and honour its Black history. Mr. Hawley referred to an electronic presentation and highlighted the following:
- A Living History
- Tom Ridout, OALA Commissioned Designer of Voices of Freedom
- Early Beginnings
- Design & Concept
- Elements of the Park
- Chloe Cooley: The Act to Limit Slavery
- Richard Pierpoint: The Coloured Corps
- The Waters Family: Roots of Black Settlement
- Solomon Moseby: The Moseby Affair
- National Campaign
- Acknowledgements
Mr. Hawley answered question of Council and Lord Mayor Pat Darte thanked him for coming forward.
Agenda Delegation
(1) Application for Cancellation, Reduction or Refund of Taxes under Section 357 of the Municipal Act, 2001 357 Application
The Clerk asked if there was anyone in the audience wishing to speak to the 367 applications.
The owner of 1063 Line 7 Road came forward and requested Council to approve the application for their property.
-resolution #3, APPROVED 357 APPLICATIONS.
RESPONSE TO DELEGATIONS FROM COUNCIL:
(1) Health Tapestry Program
Further to the Health Tapestry delegation, discussion took place regarding the Niagara-on-the-Lake Age-Friendly Steering Committee; Health Tapestry benefits to help people stay healthier longer in the places where they live; and volunteer opportunities.
(2) Rite of Passage, Regent Street Park
Further to the delegation, discussion took place regarding background information about the project and the achievements of the Voices of Freedom Committee. Potential additional funding through government grants, as well as participation by the Communities In Bloom Committee was also noted.
COMMITTEE REPORTS:
(1) Public Community & Development Advisory Committee
Clerk to read the resolution to receive Minutes
The following applications were heard at the November 27, 2017 Public Community & Development Advisory Committee Meeting:
- 1156 Concession 6 Road - Application for Zoning By-law Amendment
- 114, 118, 122, 126 Queen Street, 219 Victoria Street, and 115, 117, 119 Johnson Street and 129 Johnson Street – Official Plan and Zoning By-law Amendments
Councillor Jim Collard previously declared a conflict of interest with 114, 118, 122, 126 Queen Street, 219 Victoria Street, and 115, 117, 119 Johnson Street and 129 Johnson Street – Official Plan and Zoning By-law Amendments, of the November 27, 2017 Public Community & Development Advisory Committee Meeting minutes as his family operates a short term rental. Councillor Collard did not take part in any discussion or vote on this item.
114, 118, 122, 126 Queen Street, 219 Victoria Street, and 115, 117, 119 Johnson Street and 129 Johnson Street – Official Plan and Zoning By-law Amendments was lifted and voted on separately and received.
The balance of the November 27, 2017 Public Community & Development Advisory Committee Meeting minutes was voted on and approved.
-resolution #4, APPROVED NOVEMBER 27, 2017 PUBLIC COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES.
(2) Finance Advisory Committee Meeting
Chair Councillor Paolo Miele, Vice Chair Lord Mayor Pat Darte
The following are the recommendations from the December 4, 2017 Finance Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report FC-17-014
1.1 that Council approve KPMG's audit approach for the 2017 financial audit as described in the Audit Planning Report attached to this report
(b) Report FC-17-015, as amended
1.1 Council approve the transfer of funding to or from completed capital projects where variances have occurred as outlined in this report; and
1.2 Approve the transfer of the excess funds in C01086 (Library Sorter) to C00674 (Library Renovations); and
1.3 Remaining funds be allocated to or from the reserve that originally funded the project, or to the Capital Project Variance reserve, as described in the body of this report and in the attachment titled "Capital Project Closure Report -
Interim"; and
1.4 $10,420.60 be allocated from the Building Vehicle and Equipment Reserves to transfer to the Operating Levy for 2018
(c) Report FC-17-016
1.1 Council approve the annual indexing of Development Charge fees, with a fee increase of 2.9% effective January 1, 2018, as detailed in "Appendix A" attached to this report
(d) Report FC-17-017
1.1 The annual indexing of Cash-in-Lieu of Parking be approved and set at $23533 per stall, being a 2.9% increase, effective January 1, 2018
(e) Report FC-17-018, as amended
1.1 Council approve the 2018 Capital Budget in the amount of $8,867,435, as noted in "Appendix A" attached to this report; and
1.2 Council receive the 10 year Capital forecast in the amount of $65,959,986, as noted in "Appendix B" attached to this report; and
1.3 The 2018 Operating Budget as noted in "Appendix C", attached to this report, which includes an operating levy of $10,931,093, be approved; and
1.4 The Clerk prepare the necessary by-law to set and levy the tax rates for the Town of Niagara-on-the-Lake's purposes, for Niagara Regional purposes, and for Educational purposes for the 2018 tax year after the 2018 Capital and Operating budgets have been approved
The Clerk read a brief summary from the December 4, 2017 Finance Advisory Committee meeting.
Councillor Jim Collard previously declared a conflict of interest with Report FC-17-018 Final Operating and Capital Budgets specifically, Corporate Services - Information Systems Salaries & Wages and Employee Benefits 130-1150-10000 and 130-1150-11001, of the December 4, 2017 Finance Advisory Committee Meeting minutes as a family member is currently employed by the Town. Councillor Collard did not take part in any discussion or vote on this item.
Report FC-17-018 Final Operating and Capital Budgets of the December 4, 2017 Finance Advisory Committee Meeting minutes was lifted and voted on separately.
Report FC-17-018 Final Operating and Capital Budgets, specifically Corporate Services - Information Systems Salaries & Wages and Employee Benefits 130-1150-10000 and 130-1150-11001 was lifted and voted on separately and approved.
Discussion took place regarding Report FC-17-018 and the Dock Area Reserve.
A polled vote was called by Councillor Terry Flynn.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X |  |
| Jim Collard | X | |
| Betty Disero | X | |
| Terry Flynn | X | |
| Jamie King | X | |
| Martin Mazza | X | |
| Paolo Miele | X | |
| John Wiens | X | |
| Lord Mayor Pat Darte | X | |
| TOTALS | 9 | 0 |
APPROVED.
The balance of Report FC-17-018 Final 2018 Operating and Capital Budgets was voted on and approved.
Report FC-17-015, as amended, 2017 Interim Capital Project Closure Report of the December 4, 2017 Finance Advisory Committee Meeting minutes was lifted for discussion and voted on separately.
Discussion took place regarding the December 4, 2017 COTW amendment to FC-17-015 "1.4 $10,420.60 be allocated from the Building Vehicle and Equipment Reserves to transfer to the Operating Levy for 2018", not being permitted as outlined in Report FC-17-019 2018 Operating and Capital Budgets .
Moved by Councillor Terry Flynn, seconded by Councillor Martin Mazza that Report FC-17-015, as amended, recommendation 1.4 $10,420.60 be allocated from the Building Vehicle and Equipment Reserves to transfer to the Operating Levy for 2018, be deleted.
APPROVED.
Report FC-17-015, as amended, 2017 Interim Capital Project Closure Report was voted on as amended and approved.
The balance of the December 4, 2017 Finance Advisory Committee Meeting minutes was voted on and approved.
-resolution #5, APPROVED, AS AMENDED, DECEMBER 4, 2017 FINANCE ADVISORY COMMITTEE MEETING MINUTES.
(2) Community & Development Advisory Committee
Chair Councillor Martin Mazza, Vice Chair Councillor Betty Disero
The following are the recommendations from the December 4, 2017 Community & Development Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
1.1 The Zoning By-law Amendment for 1156 Concession 6 Road be approved; and
1.2 The draft Zoning By-law Amendment and Schedule, attached as Appendix B and Appendix B1, respectively to this report, be forwarded to Council for adoption
(b) Report CDS-17-068
1.1 the conditions of draft plan approval for the Draft Plan of Common Elements Condominium for "St. Andrews Glen", File 26CD-18-14-01, be extended to December 11, 2019
(c) Report CDS-17-069
1.1 The front-ending agreement, attached as Appendix A to this report, associated with the construction of the sanitary sewer main in the Line 1 Road allowance, extending from the existing sanitary sewer main on Line 1 Road, westerly a distance of 181 metres, said construction being a condition of consent for property known municipally as 459 Line 1 Road, be forwarded to the owner for signature and upon return be recommended to Council for adoption
(d) Report CDS-17-070
1.1 the November 14, 2017 Municipal Heritage Committee minutes (Appendix A to this report) be received; and
1.2 the following apply to the installation request of a wall sign at 37-43 Queen Street (MHC-17-052):
1.2.1 the heritage permit application to install a wall sign at 37-43 Queen Street be approved; and
1.2.2 the proponent be required to obtain a sign permit for the proposed sign at 37-43 Queen Street; and
1.2.3 the proposed sign be wood with a matte finish and no glossy finish, backlighting or neon lighting at 37-43 Queen Street
1.3 Council direct Staff to consider and provide comment in regard to the request from St. Davids Ratepayers Association pertaining to the designation of a Heritage Conservation District under Part V of the Ontario Heritage Act in St. Davids.
The Clerk read a brief summary from the December 4, 2017 Community & Development Advisory Committee meeting.
Councillor Paolo Miele requested that Report CDS-17-069 459 Line 1 Road Front-Ending Agreement of the December 4, 2017 Community & Development Advisory Committee Meeting minutes be lifted for discussion and voted on separately.
Discussion took place regarding sewer capacity and the Niagara Region.
Report CDS-17-069 459 Line 1 Road Front-Ending Agreement was voted on and approved.
The balance of the December 4, 2017 Community & Development Advisory Committee Meeting minutes was voted on and approved.
-resolution #6, APPROVED DECEMBER 4, 2017 COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES.
(3) Operations Advisory Committee
Chair Councillor Jim Collard, Vice Chair Councillor Jamie King
The following are the recommendations from the December 4, 2017 Operations Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report OPS-17-066
1.1 That the Clerk be authorized to prepare a by-law to adopt the Niagara-on-the-Lake Municipal Emergency Management Program and Emergency Response Plan; and
1.2 That the Annual Emergency Management Program Statement of Completion be signed by the Lord Mayor and Community Emergency Management Coordinator and be submitted to the office of the Ontario Fire Marshal and Emergency Management
(b) Report OPS-17-067
1.1 That the Clerk be authorized to prepare a by-law to authorize an agreement with the Corporation of the City of St. Catharines to provide fire dispatch service for Niagara-on-the-Lake Fire and Emergency Services for the period of January 1, 2018 through December 31, 2022 as per the agreement attached to this report
(c) Report OPS-17-068, as amended
1.1 that the Joint Irrigation / Agricultural Committee meeting held October 19, 2017, attached to this report be received; and
1.2 that the following recommendations as outlined in the Joint Irrigation / Agricultural Committee meeting minutes be forwarded to Council for approval:
1.2.1 that the recommendation report authored by the Irrigation Committee (and approved by both Irrigation and Agricultural Committees) regarding the NPCA Living Landscape be accepted as submitted and forwarded to the NPCA by the December deadline, as amended
1.2.2 WHEREAS the Federal Government plans to pass the Cannabis Act (Act) in July 2018 to legalize recreational marijuana;
AND WHEREAS the Act passed second reading on June 18, 2017 and is before the Standing Committee on Health currently;
AND WHEREAS the Province of Ontario has the ultimate responsibility for land use in the Province of Ontario;
AND WHEREAS there are only two specialty crop areas in the Province, Niagara-on-the-lake and Holland Marsh;
AND WHEREAS these specialty crop areas are considered vital by the Province, and the Green Belt legislation has indicated that specialty crop lands must be maintained for vegetables, tender fruit and grapes, because of the increasing population in Ontario;
AND WHEREAS recreational marijuana greenhouses could be located in areas that are not adequate for specialty crops within Niagara-on-the-Lake.
THEREFORE be it resolved that Council request the Region and the Province of Ontario to develop a policy that would protect specialty crops lands from recreational marijuana greenhouses to be ready when the legislation is passed
AND FURTHER that this request be circulated to municipalities where specialty crops are located.
AND THAT staff through the Agricultural Committee report to Council on an appropriate distancing factor.
AND FURTHER that the Town of Niagara-on-the-Lake post a symposium of recognized agricultural representatives including, but not limited to, people from Vineland Research, OMAFRA and medicinal marijuana facilities in order to determine a scientifically based setback requirement for new or proposed marijuana facilities and bio digesters in Niagara-on-the-Lake. Invitations be sent from the Lord Mayor’s office and a date to be determined sometime in January 2018;
1.2.3 that staff approach Tim Andrews about the viability of installing a Rockcheck Dam prior to Water Structures as well as bypass piping. If Mr. Andrews does not agree to this, go to Council to include these funds in the 2018 budget. Irrigation Committee remove the dam at the cost of the Irrigation Committee. request funds from Council to approve the removal of Water Structures
(d) Report OPS-17-069
1.1 that Council endorse the comments within this report, from the Irrigation and Drainage Superintendent regarding the request for responses to the Niagara Peninsula Conservation Authority (NPCA) Living Landscape Document
(e) Report OPS-17-070, as amended
1.1 That the following recommendations be received:
1.1.1 That Council not endorse the request by a resident to reroute the Heritage-Old Town transit route from Simcoe Street, John Street West and King Street to Mississagua Street, Mary Street and King Street
1.1.2 That Council direct staff to include consideration of the proposed transit reroute in the larger context of upcoming transit route evaluation and redesign
1.2 That the following recommendations be adopted to include:
1.2.1 That Staff proceed with a 6 month pilot to preserve the bus stop fronting the Pillar and Post by transiting Niagara Stone/Mary/Regent/John/King rather than Niagara Stone/Mary/King as proposed by the deputation
The Clerk read a brief summary from the December 4, 2017 Operations Advisory Committee Meeting.
Councillor Jamie King requested that Report OPS-17-070 Response to Delegation Regarding Requested Transit Route of the December 4, 2017 Operations Advisory Committee Meeting minutes be lifted for discussion and voted on separately.
A polled vote was called by Councillor Jamie King.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | | X |
| Betty Disero | X | |
| Terry Flynn | X | |
| Jamie King | | X |
| Martin Mazza | X | |
| Paolo Miele | X | |
| John Wiens | X | |
| Lord Mayor Pat Darte | X | |
| TOTALS | 7 | 2 |
APPROVED.
Report OPS-17-070 Response to Delegation Regarding Requested Transit Reroute was voted on and approved.
Councillor Paolo Miele requested that Report OPS-17-067 Fire Dispatch Service Agreement Renewal of the December 4, 2017 Operations Advisory Committee Meeting minutes be lifted for discussion and voted on separately.
Discussion took place regarding the dispatch service.
Report OPS-17-067 Fire Dispatch Service Agreement Renewal was voted on and approved.
The balance of the December 4, 2017 Operations Advisory Committee Meeting minutes was voted on and approved.
-resolution #7, APPROVED DECEMBER 4, 2017 OPERATIONS ADVISORY COMMITTEE MEETING MINUTES.
(4) Corporate Services Advisory Committee
Chair Councillor Maria Bau-Coote, Vice Chair Councillor John Wiens
The following are the recommendations from the December 4, 2017 Corporate Services Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CS-17-034
1.1. Council adopt a Scent Free Policy (attached to this report as Appendix A) to be adhered to within all Town owned buildings; and
1.2 the Scent Awareness Policy P-CS-16-002, adopted by By-law 4885-16 be rescinded
(b) Report CS-17-035
1.1 That the Community Guide Policy attached to this report be approved, and a by-law be forwarded to Council adopting the Policy
(c) Report CS-17-036
1.1 the revised 2018 Meeting Schedule, attached as Appendix I, be adopted; and
1.2 the structure of the Standing Committees under the Committee of the Whole (COTW) be replaced with a General Committee moving forward for the remainder of the term of Council; and
1.3 Appendix II attached to this report, being a schedule for Chair appointments for all COTW meetings for the remainder of the term of Council be approved; and
1.4 Staff be directed to prepare a by-law for a future meeting to amend the Town's Procedural By-law to reflect the changes outlined in the report; and
1.5 Staff be directed to prepare a by-law for a future meeting to amend the Town's Procurement Policy to reflect the changes outlined in the report
The Clerk read a brief summary from the December 4, 2017 Corporate Services Advisory Committee meeting.
The Clerk previously advised Corporate Services Report CS-17-035 Community Guide Policy required an amendment to the policy to identify newly established Niagara-on-the-Lake Advance.
Report CS-17-035 Community Guide Policy of the December 4, 2017 Corporate Services Advisory Committee Meeting minutes was lifted and voted on separately.
Moved by Councillor Maria Bau-Coote , seconded by Councillor John Wiens that Report CS-17-035 be amended to adopt the revised the Niagara-on-the-Lake Community Guide Policy.
APPROVED.
Report CS-17-035 Community Guide Policy of the December 4, 2017 Corporate Services Advisory Committee Meeting minutes was voted on as amended and approved.
Councillor Maria Bau-Coote requested that Report CS-17-036 2018 Meeting Schedule of Council and General Committee Chair Appointments of the December 4, 2017 Corporate Services Advisory Committee Meeting minutes be lifted for discussion and voted on separately.
Discussion took place meeting start time; consent agenda/chairs; public meetings under Planning Act; quorum; length of meetings/chairs responsibilities.
Moved by Councillor Terry Flynn, seconded by Councillor Martin Mazza that Report CS-17-036 2018 Meeting Schedule of Council and General Committee Chair Appointments be amended to include:
1.6 That Committee of the Whole and Council meetings start at 6:30 p.m.
APPROVED.
Report CS-17-036 2018 Meeting Schedule of Council and General Committee Chair Appointments was voted on as amended and approved.
The balance of the December 4, 2017 Corporate Services Advisory Committee Meeting minutes was voted on and approved.
-resolution #8, APPROVED, AS AMENDED, DECEMBER 4, 2017 CORPORATE SERVICES ADVISORY COMMITTEE MEETING MINUTES.
(5) Clerk to read resolution to adopt recommendation
Finance Committee Report FC-17-019
2018 Operating and Capital Budgets
Councillor Jim Collard declared a conflict of interest with Finance Committee Report FC-17-019 2018 Operating and Capital Budgets, specifically Corporate Services - Information Systems Salaries & Wages and Employee Benefits 130-1150-10000 and 130-1150-11001 as a family member is currently employed by the Town. Councillor Collard did not take part in any discussion or vote on this item.
A polled vote was called by Councillor Terry Flynn.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | X | |
| Betty Disero | X | |
| Terry Flynn | X | |
| Jamie King | X | |
| Martin Mazza | X | |
| Paolo Miele | X | |
| John Wiens | X | |
| Lord Mayor Pat Darte | X | |
| TOTALS | 9 | 0 |
APPROVED.
Report FC-17-019 2018 Operating and Capital Budgets was voted on and approved.
-resolution #9, APPROVED RECOMMENDATIONS FC-17-019.
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)
500XE-17- Being a by-law to repeal and replace By-law No. 500TJ-06, an amendment to Zoning By-law No. 500A-74, as amended, for lands municipally known as 1156 Concession 6 Road
5020-17- A by-law to authorize a Front-Ending agreement between The Corporation of the Town of Niagara-on-the-Lake and Bice Builders Ltd. (459 Line 1 Road)
5021-17- A by-law to adopt the Niagara-on-the-Lake Municipal Emergency Management Program and Emergency Response Plan and to repeal By-law 4797-15
5022-17- A by-law to authorize an agreement between The Corporation of the Town of Niagara-on-the-Lake and The Corporation of the City of St. Catharines (Fire Dispatch Service Agreement Renewal January 2018 - December 2022)
5023-17- A by-law to enact a Corporate Policy - Scent Free Policy - for The Corporation of the Town of Niagara-on-the-Lake owned buildings and rescind By-law 4885-16
5024-17- as amended, A by-law to enact a Corporate Policy - Community Guide Policy - for The Corporation of the Town of Niagara-on-the-Lake
5025-17- A by-law to execute the Agreement to Transfer between The Corporation of the Town of Niagara-on-the-Lake and Her Majesty the Queen in Right of Canada as represented by the Minister of Transport (Niagara District Airport Adjacent Lands)
5026-17- A by-law to Repeal By-law 4809-15 being a by-law to release certain lands form part lot control ( 546 Lansdowne Avenue & Lansdowne Avenue)
-resolution #10, BY-LAWS RECEIVED THREE READINGS.
CORRESPONDENCE AND MOTIONS:
Clerk to read resolution
1. The following resolution(s) be adopted:
(a) Lord Mayor Pat Darte - The Lincoln & Welland Regiment Foundation
-resolution #11, APPROVED RESOLUTION.
(b) Councillor Paolo Miele - Irrigation Funding Niagara Region
-resolution #12, APPROVED RESOLUTION.
(c) Regional Council Increase in Composition - West Lincoln
A polled vote was called by Councillor Paolo Miele.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | X | |
| Betty Disero | X | |
| Terry Flynn | X | |
| Jamie King | X | |
| Martin Mazza | X | |
| Paolo Miele | | X |
| John Wiens | | X |
| Lord Mayor Pat Darte | X | |
| TOTALS | 7 | 2 |
-resolution #13, APPROVED RESOLUTION.
2. Information Package(s):
-resolution #14, RECEIVED DECEMBER 7, 2017 INFORMATION PACKAGE.
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.
Council spoke to the following:
- Retirement Celebration for Penny Coles, December 17 Niagara-on-the-Lake Community Centre
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)(d) Labour Relations or employee negotiations
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Four Mile Creek Road
At 8:38 p.m. the follow motion was read in open session:
Moved by Councillor Jamie King, seconded by Councillor Terry Flynn 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)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Four Mile Creek Road
- Section 239.(2)(d) Labour Relations or employee negotiations
APPROVED (resolution #15).
At 10:16 p.m. the following motions were read in open session:
Councillor Jim Collard declared a conflict of interest with the Closed Session item Section 239.(2)(d) Labour Relations or employee negotiations as a family member is currently employed by the Town. Council Collard left the closed session and returned to the Council Chambers. He did not take part in any discussion or vote on this item.
Councillor Jim Collard declared a conflict of interest with By-law 5027-17 as a family member is currently employed by the Town. Councillor Collard did not take part in any discussion or vote on any readings of this by-law.
Moved by Councillor Betty Disero, seconded by Councillor Maria Bau-Coote that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Wellington Street, with no report.
APPROVED (resolution #16).
Moved by Councillor Betty Disero, seconded by Councillor Maria Bau-Coote that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on King Street, with no report.
APPROVED (resolution #17).
Moved by Councillor Maria Bau-Coote, seconded by Councillor Betty Disero that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Four Mile Creek Road, with no report.
APPROVED (resolution #18).
Moved by Councillor Maria Bau-Coote, seconded by Councillor Betty Disero that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(d) Labour Relations or employee negotiations with the following:
THAT the recommendations contained in Finance Committee Report FC-17-020 be adopted to include:
1. That the Clerk be authorized to prepare a by-law authorizing the Lord Mayor and Town Clerk to execute the agreement between The Corporation of the Town of Niagara-on-the-Lake and the Employees Bargaining Group, which includes the changes as outlined in Appendix A, attached to this report.
2. That the Terms of Employment for Management, Supervisory, and Other Full Time Employees not covered by an Agreement be approved as outlined in Appendix B, attached to this report.
APPROVED (resolution #19).
Moved by Councillor Maria Bau-Coote, seconded by Councillor Betty Disero that leave be given to introduce By-law No. 5027-17, and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding.
- resolution #20, BY-LAW RECEIVED THREE READINGS
PROCEEDINGS BY-LAW:
Clerk to read resolution for reading of by-law
5028-17 - A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on December 11, 2017
-resolution #21, BY-LAW RECEIVED THREE READINGS.
RESOLUTIONS:
1. Moved by Councillor Jamie King, seconded by Councillor Paolo Miele that the minutes of the Council Meeting held November 13, 2017 be adopted.
2. Moved by Councillor Terry Flynn, seconded by Councillor Martin Mazza that the minutes of the Special Council Meeting held November 21, 2017 be adopted.
3. Moved by Councillor Jim Collard, seconded by Councillor Martin Mazza that application Nos. 2013-00010, 2014-00006, 2017-00011 and 2017-00006 for cancellation, reduction or refund of taxes under Section 357 of the Municipal Act, 2001 be approved.
4. Moved by Councillor Jamie King, seconded by Councillor Terry Flynn that the Public Community & Development Advisory Committee minutes dated November 27, 2017 be received.
5. Moved by Councillor Paolo Miele, seconded by Councillor John Wiens that the Minutes and Reports of the December 4, 2017 Finance Advisory Committee Meeting be adopted.
APPROVED, AS AMENDED.
6. Moved by Councillor Martin Mazza, seconded by Councillor Betty Disero that the Minutes and Reports of the December 4, 2017 Community & Development Advisory Committee Meeting be adopted.
APPROVED.
7. Moved by Councillor Jim Collard, seconded by Councillor Jamie King that the Minutes and Reports of the December 4, 2017 Operations Advisory Committee Meeting be adopted.
APPROVED.
8. Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that the Minutes and Reports of the December 4, 2017 Corporate Services Advisory Committee Meeting be adopted.
APPROVED, AS AMENDED.
9. Moved by Councillor Terry Flynn, seconded by Councillor Jamie King that the recommendations contained in Finance Committee Report FC-17-019 be adopted to include:
1.1 that report FC-17-015 be received and the recommendations contained within be set aside; and
1.2 Council approve the 2018 Capital Budget in the amount of $8,867,435, as noted in "Appendix A" attached to this report; and
1.3 Council receive the 10 year Capital forecast in the amount of $65,959,986, as noted in "Appendix B" attached to this report; and
1.4 The 2018 Operating Budget as noted in "Appendix C", attached to this report, which includes an operating levy of $10,806,093, be approved; and
1.5 A tax stabilization reserve be created using the 2017 Operating Budget surplus, with a minimum of $150,000 being transferred to the reserve to support the 2018 Operating budget; and
1.6 The Clerk prepare the necessary by-law to set and levy the tax rates for the Town of Niagara-on-the-Lake's purposes, for Niagara Regional purposes, and for Educational purposes for the 2018 tax year after the 2018 Capital and Operating budgets have been approved.
APPROVED.
10. Moved by Councillor Martin Mazza, seconded by Councillor Paolo Miele that leave be given to introduce By-law Nos. 500XE-17, 5020-17, 5021-17, 5022-17, 5023-17, 5024,17, 5025-17, and 5026-17 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.
11. Moved by Councillor Betty Disero, seconded by Councillor Terry Flynn
WHEREAS The Lincoln & Welland Regiment Foundation requests a resolution from Council supporting the intent to build the Niagara Military Heritage Centre on Lakeshore Road, Niagara-on-the-Lake.
THEREFORE BE IT RESOLVED that the Lord Mayor, on behalf of Council, write a letter of support for the Lincoln & Welland Regiment Foundation and their intent to build a Niagara Military Heritage Centre at 1848 Lakeshore Road, Niagara-on-the-Lake.
APPROVED.
12. Moved by Councillor Paolo Miele, seconded by Councillor Terry Flynn
WHEREAS the province of Ontario has several specialty crop areas, one being the Niagara Peninsula, specifically Niagara-on-the-Lake;
AND WHEREAS Niagara-on-the-Lake currently has an irrigation system for the agricultural community in Niagara-on-the-Lake;
AND WHEREAS the Niagara Region has been working on an Irrigation Master Plan for nearly 20 years;
AND WHEREAS The Town of Niagara-on-the-Lake has an irrigation system funded in part by The Town of Niagara-on-the-Lake and by the irrigators of Niagara-on-the-Lake and currently no funding from the Niagara Region.
THEREFORE BE IT RESOLVED that the Lord Mayor, on behalf of Council, request funding for the current irrigation system and future expansion of the Niagara-on-the-Lake irrigation system from the Regional Municipality of Niagara.
APPROVED.
13. Moved by Councillor Jim Collard, seconded by Councillor Terry Flynn
WHEREAS at the December 7th, 2017 Regional Council Meeting, the Regional Municipality of Niagara approved Report GM 10-2017, Change to Composition of Regional Council – Additional Representative for West Lincoln;
AND WHEREAS Regional By-law No. 2017-108, being a by-law to change the composition of Regional Council by adding a member for the Township of West Lincoln, was passed at the December 7th, 2017 Regional Council Meeting; AND WHEREAS By-law 2017-108 is not valid until triple majority status is achieved;
AND WHEREAS The triple majority must be determined and achieved by December 31, 2017.
THEREFORE BE IT RESOLVED That the Council of The Town of Niagara-on-the-Lake consents to the passage of By-law No. 2017-108 of the Regional Municipality of Niagara, being a by-law to increase the composition of Regional Council by adding an additional Councillor for the Township of West Lincoln.
APPROVED.
14. Moved by Councillor Terry Flynn, seconded by Councillor John Wiens that Council receive the December 7, 2017 Information Package for information.
APPROVED.
15. Moved by Councillor Jamie King, seconded by Councillor Terry Flynn 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)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Four Mile Creek Road
- Section 239.(2)(d) Labour Relations or employee negotiations
APPROVED.
16. Moved by Councillor Betty Disero, seconded by Councillor Maria Bau-Coote that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Wellington Street, with no report.
APPROVED.
17. Moved by Councillor Betty Disero, seconded by Councillor Maria Bau-Coote that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on King Street, with no report.
APPROVED.
18. Moved by Councillor Maria Bau-Coote, seconded by Councillor Betty Disero that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically a property on Four Mile Creek Road, with no report.
APPROVED.
19. Moved by Councillor Maria Bau-Coote, seconded by Councillor Betty Disero that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239.(2)(d) Labour Relations or employee negotiations with the following:
THAT the recommendations contained in Finance Committee Report FC-17-020 be adopted to include:
1. That the Clerk be authorized to prepare a by-law authorizing the Lord Mayor and Town Clerk to execute the agreement between the Corporation of the Town of Niagara-on-the-Lake and the Employees Bargaining Group, which includes the changes as outlined in Appendix A, attached to this report.
2. That the Terms of Employment for Management, Supervisory, and Other Full Time Employees not covered by an Agreement be approved as outlined in Appendix B, attached to this report.
APPROVED.
20. Moved by Councillor Maria Bau-Coote, seconded by Councillor Betty Disero that leave be given to introduce By-law No. 5027-17, and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding.
21. Moved by Councillor Maria Bau-Coote, seconded by Councillor Betty Disero that leave be given to introduce By-law No. 5028-17, and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding.
22. Moved by Councillor Paolo Miele, seconded by Councillor Maria Bau-Coote that this Council adjourn to the next regular meeting to be held January 15, 2018 and if a special meeting is required, it will be held at the call of the Lord Mayor.
APPROVED.
VERBAL MOTIONS:
1. Moved by Councillor Terry Flynn, seconded by Councillor John Wiens that the agenda be adopted as presented and amended by items as noted.
2. Moved by Councillor Terry Flynn, seconded by Councillor Martin Mazza that Report FC-17-015, as amended, recommendation 1.4 $10,420.60 be allocated from the Building Vehicle and Equipment Reserves to transfer to the Operating Levy for 2018, be deleted.
APPROVED.
3. Moved by Councillor Maria Bau-Coote , seconded by Councillor John Wiens that Report CS-17-035 be amended to adopt the revised the Niagara-on-the-Lake Community Guide Policy.
4. Moved by Councillor Terry Flynn, seconded by Councillor Martin Mazza that Report CS-17-036 be amended to include:
1.6 That Committee of the Whole and Council meetings start at 6:30 p.m.
APPROVED.
ADJOURNMENT: 10:20 PM |
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