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CALL TO ORDER:
FOCUS STATEMENT:
Councillor Paolo Miele
O'CANADA:
The Lord Mayor requests Council, staff and those present to sing O'Canada.
ADOPTION OF THE AGENDA:
(New Business Items and Notice of Motions to be introduced)
A mover and a seconder are required to adopt the agenda as presented.
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 declare a conflict of interest with Report FC-17-018 Final Operating and Capital Budgets specifically, Corporate Services - Information Systems Salaries & Wages and Employee Benefits, of the December 4, 2017 Finance Advisory Committee Meeting minutes as a family member is currently employed by the Town.
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:
MEMBERS' ANNOUNCEMENT:
Announcement of special functions Council attended and upcoming Community events
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 6:00 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.
PLEASE BE ADVISED THAT THIS MEETING COULD BE BROADCASTED LIVE
MINUTES:
Clerk to read the resolution to adopt minutes
(1) Council Meeting Minutes dated November 13, 2017
 Council Meeting Minutes, November 13, 2017.pdf
(2) Special Council Minutes dated November 21, 2017
 Special Council Meeting Minutes, November 21, 2017.pdf
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
 TAPESTRY Delegation December 11 2017.pdf Media Advisory for NOTL Town Council Meeting FINAL.pdf
 Health TAPESTRY - NOTL Town Council - Dec 11 2017.pdf
(2) John Hawley, Niagara-on-the-Lake
Rite of Passage, Regent Street Park
 J Hawley Delegation.pdf Rite of Passage.pdf
Agenda Delegation
(1) Application for Cancellation, Reduction or Refund of Taxes under Section 357 of the Municipal Act, 2001 357 Application
 357 Applications.pdf
RESPONSE TO DELEGATIONS FROM COUNCIL:
COMMITTEE REPORTS:
(1) Public Community & Development Advisory Committee
Clerk to read the resolution to receive Minutes
The following application was 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
 Public Community & Development Advisory Committee Minutes Novem.pdf
(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
CLERK TO READ RESOLUTION TO ADOPT MINUTES
Moved by Councillor Paolo Miele, seconded by Lord Mayor Pat Darte that the Minutes and Reports of the December 4, 2017 Finance Advisory Committee be adopted.
(3) 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.
(4) 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
CLERK TO READ RESOLUTION TO ADOPT MINUTES
Moved by Councillor Jim Collard, move, seconded by Councillor Jamie King that the Minutes and Reports of the December 4, 2017 Operations Advisory Committee be adopted.
 Operations Advisory Committee Minutes December 4, 2017.pdf
(5) 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
CLERK TO READ RESOLUTION TO ADOPT MINUTES
Moved by Councillor John Wiens, seconded by Councillor John Wiens that the Minutes and Reports of the December 4, 2017 Corporate Services Advisory Committee be adopted.
 Corporate Services Advisory Committee Minutes December 4, 2017.pdf
(6) Clerk to read resolution to adopt recommendation
Finance Committee Report FC-17-019
2018 Operating and Capital Budgets
 FC-17-019.pdf
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
 500XE-17.pdf
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)
 5020-17.pdf
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
 5021-17.pdf
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)
 5022-17.pdf
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
 5023-17.pdf
5024-17- A by-law to enact a Corporate Policy - Community Guide Policy - for The Corporation of the Town of Niagara-on-the-Lake
 5024-17.pdf
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)
 5025-17.pdf
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)
 5026-17.pdf
CORRESPONDENCE AND MOTIONS:
Clerk to read resolution
1. The following resolution(s) be adopted:
(a) Lord Mayor Pat Darte - The Lincoln Welland Regiment
 Lincoln & Welland Regiment Motion.pdf
(b) Councillor Paolo Miele - Irrigation Funding Niagara Region
 Regional Irrigation Funding.pdf
(c) Regional Council Increase in Composition - West Lincoln
 Regional Council Composition .pdf CLK-C 2017-139.pdf
2. Information Package(s):
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."
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.
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
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
VERBAL MOTIONS:
RESOLUTIONS:
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ADJOURNMENT:
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