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PRESENT:
Lord Mayor Dave Eke, Councillors: Maria Bau-Coote, Jim Collard (7:12 p.m.), Dennis Dick, Andrea Kaiser, Jamie King, Gary Zalepa, Martin Mazza, Terry Flynn
REGRETS:
STAFF:
M. Galloway Chief Administrative Officer
H. Dowd Town Clerk
V. Butters Deputy Clerk
W. Walker (I) Director of Community & Development
S. Randall Director of Corporate Services
C. Buist Director of Parks & Recreation
D. Kerr Deputy Director of Public Works
R. Wiens Chief Building Official
OTHERS:
C. Shedden Solicitor
MEDIA:
P. Coles Niagara Advance
M. Cheevers Niagara This Week
S. Mason St. Catharines Standard
Representative from Cogeco
CALL TO ORDER:
The Lord Mayor called the meeting to order at 7:00 p.m.
Page 2 - August 29, 2011 Council Minutes
PRAYER:
Councillor Jamie King opened the meeting with a prayer.
O'CANADA:
Council, staff and all those present sang O'Canada.
ADOPTION OF THE AGENDA:
(New Business Items and Notice of Motions are to be listed when the agenda is amended)
Councillor Jim Collard requested to speak to the Association of Municipalities of Ontario Annual Conference.
Councillor Maria Bau-Coote requested to speak to the Annual Terry Fox Run.
Councillor Jamie King requested the following to be added to New Business:
August 18, 2011 Information Package
- Item 14 - Letter received from owner of 7 Tuscany court, regarding intersection Niagara Stone Road and Line 2 Road
Moved by Councillor Terry Flynn seconded by Councillor Jamie King that the agenda as presented, and amended with additional information as noted, be adopted. APPROVED.
CONFLICT OF INTEREST:
There were no conflicts of interest declared at this time.
Page 3 - August 29, 2011 Council Minutes
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:
Lord Mayor Dave Eke spoke to the following:
· August 6, Provincial Mixed Pairs Lawn Bowling Championships, Niagara-on-the-Lake Lawn Bowling Club, Community Centre
· August 8, Meeting with Shanghai Government Officials and agreement with Town
· August 12, Niagara-on-the-Lake Sports Wall of Fame Ceremony
· August 21 – 24, 2011 AMO Conference
· August 27, Niagara District Airport Final Grand Opening
· August 29, Meeting with Azerbaijan Festival Delegation
· First Lord Mayor’s Business Leaders Luncheon - September 15
· 2011 Council/Staff Strategic Plan update
· 1953 Virgil Fire Truck and Queenston Firehall Pumper Truck Display, Town Administration Building
NEXT COMMITTEE OF THE WHOLE AND COUNCIL MEETING DATES: (Clerk announced dates)
The next Committee of the Whole meeting is scheduled for Monday,
September 12, 2011 at 7:00 p.m. The next Council Meeting is scheduled for Monday, September 19, 2011 at 7:00 p.m. Start times of meetings can be subject to change, please visit www.notl.org.
All delegation requests must be submitted to the Clerk's Department by 10:00 a.m. on the day of the meeting. For more detailed information, please visit the Town's website at www.notl.org or contact the Clerk's Department at 905-468-3266.
MINUTES:
Clerk to read the resolution to adopt minutes
(1) Council Meeting Minutes dated July 25, 2011
- resolution #1, APPROVED JULY 25, 2011 MINUTES.
Page 4 - August 29, 2011 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
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 applications. There was no one present to speak.
- resolution #2, APPROVED SECTION APPLICATIONS.
RESPONSE TO DELEGATIONS FROM COUNCIL:
COMMITTEE REPORTS:
(1) Corporate Services Advisory Committee
Chair Councillor Maria Bau-Coote, Vice Chair Councillor Gary Zalepa
The following are the recommendations from the August 15, 2011 Corporate Services Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CS-11-013
1.1 that the 2010 Post Audit Management Letter from Crawford, Smith & Swallow be received; and
1.2 that Management’s responses to the auditors’ suggestions and comments be approved
(b) Report CS-11-014
1.1 that Council approve the consolidated financial statements for the Town of Niagara-on-the-Lake for the year ended December 31, 2010
(c) Report CS-11-015
1.1 that the 2010 tax supported operating surplus of $807,292 be transferred to the Capital Levy Reserve and the Winter Maintenance Reserve using the following apportionment:
- $737,292 to the Capital Levy Reserve
- $70,000 to the Winter Maintenance Reserve
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(d) Report CS-11-016
1.1 that Council approve the staff request to charge credit card convenience fees for payments received via a link from the Town’s website; and
1.2 that the Clerk prepare the necessary by-law to authorize the Lord Mayor and Clerk to enter into a 3-year contract with Paymentus Corporation for the delivery of those services. The standard document to be executed is the Paymentus Master Services Agreement
(e) that the information presented by Mr. Rob Copeland and Mr. Harry Murdoch (St. Davids Lions Club), be forwarded to Senior Management Team for discussion and come back to this Council in a form of a report, and also included in the discussion, possible funding from the Bi-Centennial budget or one time grant should be included in the report
The Clerk read a brief summary of the August 15, 2011 Corporate Services Advisory Committee Minutes.
- resolution #3, APPROVED AUGUST 15, 2011 CORPORATE SERVICES ADVISORY COMMITTEE MINUTES.
(2) Public Works Advisory Committee
Chair Councillor Terry Flynn, Vice Chair Councillor Jim Collard
The following are the recommendations from the August 15, 2011 Public Works Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report PW-11-030
1.1 that Council approve the proposed plan for sale by tender of the surplus E-one grinder pumps as set out in Report PW-11-030; and
1.2 that eligible property owners be given four weeks notice to pick up a grinder pump or forfeit their claim; and
1.3 that the funds from the sale of the surplus pumps be applied to the outstanding debt for the St. Davids Sanitary Sewer Project
(b) Report PW-11-031
1.1 that the Lord Mayor and Town Clerk be authorized to execute a Licence of Occupation with Parks Canada Agency, on behalf of Her Majesty The Queen in right of Canada, for operating and maintaining two water mains from Ricardo Street to Wellington Street on Parks Canada lands
Page 6 - August 29, 2011 Council Minutes
The Clerk read a brief summary from the August 15, 2011 Public Works Advisory Committee minutes.
- resolution #4, APPROVED AUGUST 15, 2011 PUBLIC WORKS ADVISORY COMMITTEE MINUTES.
(3) Public Community & Development Advisory Committee
Clerk to read the resolution to receive Minutes
The following application was heard at the August 15, 2011 Public Community & Development Advisory Committee Meeting:
- 1168 Line 8 Road - Application for Zoning Amendment
- resolution #5, RECEIVED AUGUST 15, 2011 PUBLIC COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MINUTES.
(4) Community & Development Advisory Committee
Chair Councillor Jamie King, Vice Chair Councillor Dennis Dick
The following are the recommendations from the August 15, 2011 Community & Development Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CDS-11-065, subject to the result of the public meeting,
1.1 the zoning amendment application for 1168 Line 8 Road, Part of Lot 54, Township of Niagara, Niagara-on-the-Lake be approved; to recognize the reduced minimum lot size and to re-zone the lands from “Rural (A) Zone” to an “Agricultural Purposes Only (APO) Zone” for Part 2, and to recognize the reduced minimum side yard setback for an accessory building on Part 1 be forwarded to Town Council for passage; and
1.2 the proposed zoning by-law amendment is consistent with the Provincial Policy Statement, Provincial Policy Plans, Regional Policy Plan and the Town Official Plan
(b) Report CDS-11-067
1.1 that the Lord Mayor and Clerk be authorized to execute the "Release For Users of the City of St. Catharines Fire Department Training Tower"
Page 7 - August 29, 2011 Council Minutes
(c) Report CDS-11-064, as amended
1.1. that Council retain legal and professional planning expertise in support of their decision to refuse Official Plan and Zoning By-law Amendments for the proposed commercial redevelopment of lands at 442 Mississagua Street, for a 3 day Ontario Municipal Board Hearing scheduled for September 28, 2011; and further that the legal and professional planner hired attend an incamera session to be held at a September meeting
(d) Report CDS-11-066
1.1 that Council engage Millier Dickinson Blais to carry out both an Action Planning Workshop with Glendale Businesses and Council Economic Development Workshop as described in their proposal dated July 20, 2011 and attached to CDS-11-066 and fund from both the 2011 budget and 2010 projected surplus
The Clerk read a brief summary from the August 15, 2011 Community & Development Advisory Committee minutes.
Item 1.c) Report CDS-11-064, 442 Mississagua Street OMB Appeal of the August 15, 2011 Community and Development Services Advisory Committee minutes was lifted for discussion. It was agreed this item will be dealt with following the Closed Session.
Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that item 1.c) Report CDS-11-064, 442 Mississagua Street OMB Appeal of the August 15, 2011 Community and Development Services Advisory Committee minutes be deferred and dealt with following the Closed Session portion of the agenda. APPROVED.
- resolution #6, APPROVED, BALANCE OF AUGUST 15, 2011 COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MINUTES.
Page 8 - August 29, 2011 Council Minutes
NOTE: Following the closed session portion of the Council Meeting, item 1.c) Report CDS-11-064, 442 Mississagua Street OMB Appeal of the August 15, 2011 Community and Development Services Advisory Committee minutes was put back on the table following a motion by Councillor Jim Collard and Councillor Gary Zalepa. The recommendation of report CDS-11-064 was further amended by the following motion:
Moved by Councillor Gary Zalepa, seconded by Councillor Jim Collard that item 1.c) Report CDS-11-064, OMB Decision 442 Mississagua Street be amended by adding the following:
that the Town Solicitor be directed to continue discussions with the developer. (APPROVED, resolution #14).
(5) Clerk to read resolution to adopt recommendation
Community & Development Services Report CDS-11-068
Municipal Heritage Committee Minutes & Recommendations,
August 9, 2011
- resolution #7, APPROVED RECOMMENDATIONS CDS-11-068
(6) Clerk to read resolution to adopt recommendation
Chief Administrative Officer's Report CAO-11-004
The Proposal of the Strategic Cooperation Agreement with Feng Jing Town of Jin Shan District of Shanghai, China
Discussion took place regarding the proposed strategic cooperation agreement. In answer to a question, the Lord Mayor provided history of the original agreement that was put in place by the previous Lord Mayor. The CAO further clarified the content of the proposed agreement now being presented to Council for consideration and the proponent's interest in continuing to explore opportunities with this area, as well as other tourism initiatives.
Lord Mayor Dave Eke provided an update with regard to the Shanghai delegations visit and noted he was pleased to continue the current agreement, however Council's approval would be required to move forward.
- resolution #8, APPROVED RECOMMENDATION CAO-11-004.
Page 9 - August 29, 2011 Council Minutes
BY - LAWS:
Clerk to introduce the by-laws before Council
(by-laws and agreements are available for viewing in the Clerk's Department)
500VR-11- A by-law pursuant to Section 34 of the Ontario Planning Act to amend By-law No. 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 (1168 Line 8 Road)
4442A-11- A by-law to amend By-law 4442-11 being a by-law to appoint Sheldon Randall Interim Director of Corporate Services for the Corporation of the Town of Niagara-on-the-Lake (now Director of Corporate Services)
4485-11- A by-law to appoint Susan Labatte as a Municipal Law Enforcement Officer, Property Standards Officer and Municipal Weed Inspector for the Town of Niagara-on-the-Lake and to rescind By-law 3396-99
4487-11- A by-law to authorize an agreement between the Corporation of the Town of Niagara-on-the-Lake and Paymentus Corporation (Credit Card)
4488-11- A by-law to authorize an agreement between the Corporation of the Town of Niagara-on-the-Lake and her Majesty the Queen (Parks Canada - Long and Short Water Mains - License of Occupation)
4489-11- A by-law to authorize the Lord Mayor and Clerk to execute a release for users of Fire Department Training Tower - City of St. Catharines
4490-11- A by-law to designate the property known municipally as the Baikie-Jacques-Vint House, 230 Davy Street, in the Town of Niagara-on-the-Lake, in the Province of Ontario, as being of cultural heritage value or interest (230 Davy Street)
4491-11- A by-law to designate the property known municipally as the Secord-Murdoch House, 215 Four Mile Creek Road, in the Town of Niagara-on-the-Lake, in the Province of Ontario, as being of cultural heritage value or interest (215 Four Mile Creek Road)
Page 10 - August 29, 2011 Council Minutes
4492-11- A by-law to designate the property known municipally as the Eckersley-McEwen House, 58 Johnson Street, in the Town of Niagara-on-the-Lake, in the Province of Ontario, as being of cultural heritage value or interest (58 Johnson Street)
In answer to a question regarding a by-law to ban the use of electronic devices at the Council table, the Clerk clarified a motion was approved by the previous Council.
- resolutions # 9 & 10, BY-LAWS RECEIVED THREE READINGS.
CORRESPONDENCE:
Clerk to read resolution
1. The following resolution be adopted:
(a) Motion in Support of the City of St. Catharines
GO Train Service to Niagara Falls
- resolution #11, APPROVED MOTION.
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 for consideration at the next or a subsequent regular meeting of Council."
There were no notice of motions presented at this time.
NEW BUSINESS:
Council may introduce any new business, i.e. announce special functions. Items of direction to staff must be in a form of a motion.
(1) 2011 Annual AMO Conference Update
Discussion took place regarding the highlights of the conference: uploading of court fees to the Province; municipal insurance costs; police costs; challenge Region to pass financial benefits to tax payers; and AMO's position with provincial leaders.
Page 11 - August 29, 2011 Council Minutes
(2) 2011 Annual Terry Fox Run
Discussion took place regarding the annual Terry Fox event, taking place on Sunday September 18, 2011 at Simcoe Park. It was noted the first event was a speaking engagement at the Community Centre by Team member Kyle Miller, who had the same type of cancer as Terry Fox and spoke about his journey. This year's participants are encouraged to run, walk, cycle or blade through the five- or 10-K route.
(3) August 18, 2011 Information Package - item #14 - Letter from Owner of 7 Tuscany Court - Sharing Concern Regarding Intersection of Niagara Stone Road and Line 2 Road
Discussion took place regarding the resident's concern with the volume of traffic and difficult left hand turns on to Niagara Stone Road, which he stated will become more congested with the opening of Crossroads Public school. Further discussion took place regarding the resident's request for the Town to inspect the intersection to determine if a warrant for a traffic light has been met. In answer to a question, the Deputy Director of Public Works advised the Niagara Region has confirmed there will be a traffic study/traffic count carried out as soon as the school is fully operational.
Further discussion took place regarding the next Traffic Safety Committee meeting discussion items; responsibility for cost of school site traffic needs; and crossing guards. In answer to a question regarding the timing of road works, Lord Mayor Dave Eke advised he will follow up at Regional Council with the work being carried out on Regional Road 55.
At this time Councillors requested to speak to additional items that were not identified under adoption of agenda.
Lord Mayor Dave Eke stated that notices of motion or new business items are to be listed under Adoption of the Agenda, in order for the public to be aware of any discussions of interest taking place later in the meeting. At this time the Lord Mayor allowed new items to be introduced.
Page 12 - August 29, 2011 Council Minutes
(4) Illegal Dumping on Road Allowances
Discussion took place with respect to the protocol for a Council member to address a policy/process for illegal dumping of garbage along local streets.
In answer to a question, the Chief Administrative Officer advised the illegal dumping issue is ongoing and the Town does not have the resources to police it on a 24 hour basis. Note: Illegal dumping is to be reported to the Region.
(5) Use of Electronic Devices
Discussion took place regarding the use of electronic devices in the Council Chambers, specifically the new iPads being used by Councillors.
In answer to a question, the Chief Administrative Officer stated the current procedural by-law does not restrict the use of electronic devices during Council meetings. The CAO provided an update with respect to the Clerk moving forward with drafting a new procedural by-law, which will address devices that reduce paper provided to Council and the public.
(6) NOTL Committee for Education Accommodation/Servicing
Discussion took place regarding Council members selecting community members to sit on the committee. In answer to a question, the Clerk clarified the process, including a subsequent report/recommendation to come forward at the September 12, 2011 Committee of the Whole meeting, at which time Council can introduce any amending motions.
Further discussion took place regarding the school boards refusal to participate; the committee's goals; staff time; the mandate of the committee contained in Council's motion; and the proposed report to come forward on September 12. Council agreed to be prepared to continue these discussions at the September 12 COTW meeting.
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CLOSED SESSION:
Municipal Act 2001, as amended Section 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and, (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose
At 8:32 p.m. the motion to move into a closed session to consider matters that fall under the subject matter of 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; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically 442 Mississagua Street, was read in open session and approved.
(APPROVED, resolution # 12).
At 9:30 p.m. Council rose from the Closed Session and returned to open session.
The motion to rise from the Closed Session to consider matters that fall under the subject matter of 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; (d) labour relations or employee negotiations; and (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically 442 Mississagua Street, with no report, was read in open session and approved. (APPROVED, resolution #13).
Discussion took place regarding Report CDS-11-064, 442 Mississagua Street being put back on the table.
Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that Item 1.c) Report CDS-11-064, 442 Mississagua Street OMB Appeal, of the August 15, 2011 Community and Development Services Advisory Committee minutes, previously deferred to be dealt with following the Closed Session, be put back on the table. APPROVED.
Page 14 - August 29, 2011 Council Minutes
The Clerk read the report recommendation, as amended at the Committee of the Whole Meeting, and discussion took place regarding the Town's Official Plan, commercial activities creeping into residential area, the potential to set a precedent, and continuing with legal and external planning expertise. Further discussion took place with respect to having the Town's solicitor continue working with the developer.
Moved by Councillor Gary Zalepa, seconded by Councillor Jim Collard that item 1.c) Report CDS-11-064, OMB Decision 442 Mississagua Street be amended by adding the following:
that the Town Solicitor be directed to continue discussions with the developer.
A polled vote for the motion to further amend report CDS-11-064, 442 Mississagua Street was called for by Councillor Jamie King.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X |  |
| Jim Collard | X | |
| Dennis Dick | X | |
| Terry Flynn | X | |
| Andrea Kaiser | X | |
| Jamie King | X | |
| Martin Mazza | | X |
| Gary Zalepa | X | |
| Lord Mayor Dave Eke | X | |
| TOTALS | 8 | 1 |
APPROVED. (resolution #14 motion to direct solicitor to continue discussions with developer).
Page 15 - August 29, 2011 Council Minutes
A polled vote for amended report CDS-11-064, 442 Mississagua Street, as further amended, was called for by Councillor Jamie King.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | X | |
| Dennis Dick | | X |
| Terry Flynn | X | |
| Andrea Kaiser | X | |
| Jamie King | X | |
| Martin Mazza | X | |
| Gary Zalepa | | X |
| Lord Mayor Dave Eke | X | |
| TOTALS | 7 | 2 |
APPROVED. (Report CDS-11-064, 442 Mississagua Street, as amended).
Discussion took place regarding property and Council's vision for the Dock Area. In answer to a question, the Clerk clarified that a workshop would be open for viewing by the public and listed on the Town calendar.
Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that Council direct staff to put a workshop together, before the end of the year, to address Council's vision for the Dock Area.
A polled vote regarding a Dock Area Vision Council Workshop was called for by Councillor Jim Collard.
| COUNCILLOR | YEA | NAY |
| Maria Bau-Coote | X | |
| Jim Collard | X | |
| Dennis Dick | X | |
| Terry Flynn | X | |
| Andrea Kaiser | X | |
| Jamie King | X | |
| Martin Mazza | | X |
| Gary Zalepa | X | |
| Lord Mayor Dave Eke | X | |
| TOTALS | 8 | 1 |
APPROVED. (resolution #15 Dock Area Vision Workshop)
Page 16 - August 29, 2011 Council Minutes
PROCEEDINGS BY-LAW:
4493-11- A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on August 29, 2011
- resolution #16 & 17 BY-LAW RECEIVED THREE READINGS.
RESOLUTIONS:
1. Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that the minutes of the Council Meeting held July 25, 2011 be adopted. APPROVED.
2. Moved by Councillor Gary Zalepa, seconded by Councillor Jim Collard that application nos. 2011-00007, 2011-00008, for cancellation, reduction or refund of taxes under Section 357 of the Municipal Act, 2011 be approved. APPROVED.
3. Moved by Councillor Maria Bau-Coote, seconded by Councillor Gary Zalepa that the Minutes/Report of the August 15, 2011 Corporate Services Advisory Committee Meeting be adopted. APPROVED.
4. Moved by Councillor Terry Flynn, seconded by Councillor Jim Collard that the Minutes/Report of the August 15, 2011 Public Works Advisory Committee Meeting be adopted. APPROVED.
5. Moved by Councillor Maria Bau-Coote, seconded by Councillor Andrea Kaiser that the Minutes/Report of the August 15, 2011 Public Community & Development Advisory Committee Meeting be received. APPROVED.
6. Moved by Councillor Jamie King, seconded by Councillor Dennis Dick that the Minutes/Report of the August 15, 2011 Community & Development Advisory Committee Meeting be adopted. APPROVED, AS AMENDED.
Page 17 - August 29, 2011 Council Minutes
7. Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that the recommendations contained in Community & Development Services Report CDS-11-068 be adopted to include:
1.1 that the August 9, 2011 Municipal Heritage Committee minutes be received;
1.2 that the following recommendations from the August 9, 2011 Municipal Heritage Committee meeting be approved:
1.2.1- that the minutes of the Municipal Heritage Committee meeting
held July 12, 2011 be received
1.2.2- that before providing a recommendation to Council regarding
demolition of the house at 127 Front Street, members of the committee
visit the property in order to provide a more detailed assessment of its
heritage value and structural integrity and that a report be prepared for
the September MHC meeting with respect to the members' assessment
1.2.3- that the Ontario Heritage Act Permit application to install 2 "The Dog Store" fascia board signs over the front and rear doors and 2 window signs inside the glass entrance doors at 233 King Street according to specifications submitted on August 3, 2011 be approved with the following condition
- the gold selected for the sign is bright and must be toned down slightly to give it a more tarnished appearance
- final colour selection subject to final review by the Heritage Planner
1.2.4- the proposed addition to 115 Ricardo Street is a well designed addition to the house. It is a creative solution to a difficult site and will enhance both the building and the streetscape and provide for additional living space for the owners
- the proportions, scale and all architectural features integrate successfully with the existing house
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1.2.5- The Ontario Heritage Act Permit application to construct a second storey addition to the existing rear addition at 235 Simcoe Street (The Morley-Gallagher House) according to the specifications submitted on July 28, 2011 be approved with the following conditions
- that detailed drawings of the window trim, eave returns, cornice, soffit and fascia boards be submitted to planning staff for final review before the Building Permit is issued.
- that the new second storey roof of the proposed addition must consist of cedar shingles to match the roof on the existing house and the existing roof on the rear addition
1.2.6- the MHC recommendation with respect to 144 & 176 John Street (Randwood) be deferred and a special meeting be held on site the week of August 16, 2011 in order to visualize the massing of the new buildings and their potential impact
1.2.7- the following correspondence, notices and publications be received:
- The architecture lover's manifest, The Globe and Mail, Friday, July 1, 2011
- In Kleinburg, legacy might not be enough, National Post June 6, 2011
- Email from Julian Smith re: Cedar Roof - replacement options
- Canada's Youth - Heritage Stewards and Storytellers of Tomorrow, Municipal World,June 2011
- Notice of Public Meeting, 1168 Line 8 Road, Zoning Change, August 15, 2011
- Notice of Passing of Official Plan & Zoning By-law Amendment - 797 Line 2 Road
- Notice of Passing of Zoning By-law Amendment - Queenston Secondary Plan
- Notice of Passing of Zoning By-law Amendment - 1210 Line 8 Road
- Notice of Passing of Draft Plan of Subdivision Approval - Cannery Park Subdivision, St. Davids
1.2.8 - Council support the designation of the Queenston Quarry as a National Historic Site and that a letter of support for the designation be forwarded to the Historic Sites and Monuments Board of Canada. APPROVED.
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8. Moved by Councillor Gary Zalepa, seconded by CouncillorJim Collard that the recommendation contained in Chief Administrative Officer's Report CAO-11-004 be adopted to include:
1.1 that the Lord Mayor be given authority to sign the Proposal of the Strategic Cooperation Agreement between Feng Jing Town of Jin Shan District of Shanghai, China, and the Corporation of the Town of Niagara-on-the-Lake of Ontario, Canada. APPROVED.
9. Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that leave be given to introduce By-law Nos. 500VR-11, 4442A-11, 4485-11, 4487-11, 4488-11, 4489-11, 4490-11, 4491-11 and 4492-11 and that the same be considered read a first and second time. APPROVED.
10. Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that leave be given to introduce By-law Nos. 500VR-11, 4442A-11, 4485-11, 4487-11, 4488-11, 4489-11, 4490-11, 4491-11 and 4492-11 and that the same having been first and second time, be now considered read a third time and passed, any ruling of this Council to the contrary notwithstanding. APPROVED.
11. Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa
WHEREAS the Council of the Corporation of the Town of Niagara-on-the-Lake (Town) is desirous of developing the Glendale Urban Area as an industrial hub and providing for commuter and visitor traffic accessing the Town from the Provincial Highway system;
AND WHEREAS the Queen Elizabeth Way (QEW)/Glendale/Highway 405 planning study is currently underway by the Regional Municipality of Niagara with support from the Ministry of Transportation Ontario;
AND WHEREAS on October 12, 2010, the Council of the Town passed a resolution strongly recommending that the Council of the Regional Municipality of Niagara consider adjusting the inter-municipal transit service to provide a stop at Niagara College Glendale Campus beginning in 2012;
Page 20 - August 29, 2011 Council Minutes
AND WHEREAS on April 11, 2011, the Council of the Town passed a resolution endorsing in principle the concept of a Park and Ride facility to be located on Ministry of Transportation lands with direct access to and from the QEW/Glendale Avenue interchange;
AND WHEREAS the Minister of Transportation, in a letter dated May 26, 2011, supports the Town’s initiative in exploring a Park and Ride facility at this location and further indicated that ministry staff would work with Niagara Region and town staff to identify feasible locations for such a facility on surplus ministry lands as part of the QEW/Glendale/Highway 405 planning study;
AND WHEREAS the Niagara Peninsula Rail Service Expansion Class Environmental Assessment Study sought input from interested parties and the City of St. Catharines has endorsed the extension of GO rail services to St. Catharines while recommending provision of the same service to Niagara Falls as soon as conflicts with the Welland Canal can be addressed; and that two way morning and afternoon service be initiated rather than the traditional to Toronto in the morning peak and from Toronto in the afternoon peak;
NOW THEREFORE BE IT RESOLVED THAT the Corporation of the Town of Niagara-on-the Lake hereby sends a letter to GO Transit with a copy to the Minister of Transportation in support of the City of St. Catharines and its efforts to secure GO rail service for Niagara;
AND FURTHER THAT such letter include a request that an interim GO bus service be provided between Niagara Falls and St. Catharines which would include a stop location at the QEW/Glendale interchange to complement a planned park & ride lot for commuters, visitors and future transit patrons at that location;
AND FURTHER THAT this resolution be circulated to the Regional Municipality of Niagara, the City of Niagara Falls, the City of St. Catharines, and the local Member of Parliament, Kim Craitor for their information and support. APPROVED.
Page 21 - August 29, 2011 Council Minutes
12. Moved by Councillor Gary Zalepa, seconded by Councillor Jim Collard that Council proceed to go into a closed meeting to consider matters that fall under the subject matter of 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
· Section 239 (2)(d) labour relations or employee negotiations
· Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
· Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, 442 Mississagua Street. APPROVED.
13. Moved by Councillor Gary Zalepa, seconded by Councillor Andrea Kaiser that Council rise from the closed meeting to consider matters that fall under the subject matter of 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
· Section 239 (2)(d) labour relations or employee negotiations
· Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
· Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, 442 Mississagua Street, with no report. APPROVED.
14. Moved by Councillor Gary Zalepa, seconded by Councillor Jim Collard that item 1.c) Report CDS-11-064, OMB Decision 442 Mississagua Street be amended by adding the following:
that the Town Solicitor be directed to continue discussions with the developer. APPROVED.
15. Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that Council direct staff to put a workshop together, before the end of the year, to address Council's vision for the Dock Area. APPROVED.
Page 22 - August 29, 2011 Council Minutes
16. Moved by Councillor Gary Zalepa, seconded by Councillor Andrea Kaiser that leave be given to introduce By-law No. 4493-11 and that the same be considered read a first and second time. APPROVED.
17. Moved by Councillor Andrea Kaiser, seconded by Councillor Maria Bau-Coote that leave be given to introduce By-law No. 4493-11, and that the same having been read a first and second time, be now considered read a third time and passed, any ruling of this Council to the contrary notwithstanding. APPROVED.
18. Moved by Councillor Gary Zalepa, seconded by Councillor Andrea Kaiser that this Council adjourn to the next regular meeting to be held September 19, 2011 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 Jamie King that the agenda as presented, and amended with additional information as noted, be adopted. APPROVED.
2. Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that item 1.c) Report CDS-11-064, 442 Mississagua Street OMB Appeal of the August 15, 2011 Community and Development Services Advisory Committee minutes be deferred and dealt with following the Closed Session portion of the agenda. APPROVED.
3. Moved by Councillor Jim Collard, seconded by Councillor Gary Zalepa that Item 1.c) Report CDS-11-064, 442 Mississagua Street OMB Appeal of the August 15, 2011 Community and Development Services Advisory Committee minutes, previously deferred to be dealt with following the Closed Session, be put back on the table. APPROVED.
ADJOURNMENT: 09:50 PM |
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