COUNCIL MEETING MINUTES
Monday March 19, 2018
06:30 PM

 
PRESENT:

Lord Mayor Pat Darte, Councillors: Maria Bau-Coote, Paolo Miele, Betty Disero, Terry Flynn, Martin Mazza, John Wiens.

REGRETS:

Councillors: Jim Collard, Jamie King

STAFF:

Holly Dowd Chief Administrative Officer
Peter Todd Town Clerk
Victoria Butters Deputy Clerk
Sheldon Randall Director of Operations
Craig Larmour Director Community & Development
Rob Grimwood Fire Chief
Kyle Freeborn Manager of Finance/Treasurer
Brett Ruck Irrigation & Drainage Superintendent

OTHERS:


MEDIA:
Suzanne Mason Sun Media
CALL TO ORDER:
The Lord Mayor called the meeting to order at 6:30 p.m.


FOCUS STATEMENT:
Councillor Maria Bau-Coote 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 agenda was amended as follows:

The Clerk advised Report CS-18-005 Short Term Rental Licenses to be Revoked - 2018, specifically 41 Ricardo Street, of the March 5, 2018 Committee of the Whole Meeting minutes was removed from the report.

Moved by Councillor Betty Disero, seconded by Councillor Terry Flynn that agenda delegation (4) Maurizio Rogato - MHC Meeting Minutes; and Report CDS-18-014 Municipal Heritage Committee Minutes - February 13, 2018 of the March 5, 2018 Committee of the Whole Meeting minutes be dealt with first under Agenda Delegations.
APPROVED.

Councillor Betty Disero requested to speak to two new business items and one notice of motion.

Moved by Councillor Betty Disero, seconded by Councillor John Wiens that the agenda be adopted as amended.
APPROVED.


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


Councillor John Wiens previously declared a conflict of interest with Report CDS-18-014, as amended, - Municipal Heritage Committee Minutes - February 13, 2018 - recommendation 1.6 - 144 & 176 John Street East of the March 5, 2018 Committee of the Whole Meeting minutes as he owns and operates a similar business.

Councillor John Wiens declared a conflict of interest with delegations (1) Sara Premi, Sullivan Mahoney LLP, Reif Estate Winery and the Grand Victorian 15606 - 15608 Niagara River Parkway and 15618 Niagara River Parkway; (2) Terrance and Wanda Nord, 15630 Niagara Parkway, Grand Victorian Country Inn; Report CDS-18-015 15606-15608 Niagara River Parkway & 15618 Niagara River Parkway -Applications for Zoning By-law Amendment and Site Plan Approval and associated by-law as he owns and operates a similar business.


LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:

Lord Mayor Pat Darte spoke to the following:
      • Spirit of Niagara Awards Evening, February 27
      • Niagara Peninsula Conservation Authority Awards, February 28
      • Tim Dennis Radio Show, March 2
      • Ice Dogs Game & Presentation to NOTL's former resident Hunter Holmes, March 8
      • Breakfast Club Riverbend Inn, March 13


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

Councillor Terry Flynn provided an update with regard to the Community Safety Committee meeting annual Offshore Workers Rodeo; Lock It or Loose Program; Line 2 Road/RR55 road safety; and Niagara District Airport Annual General Meeting in March.


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, April 9, 2018, at 6:30 p.m. The next Council Meeting is scheduled for Monday, April 16, 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 February 12, 2018.

- resolution # 1, APPROVED FEBRUARY 12, 2018 COUNCIL MEETING MINUTES.


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

Non-Agenda Delegation


Agenda Delegation
(1)Maurizio Rogato - Heritage Committee Minutes and Process
144 & 176 John Street, Randwood Estate

Councillor John Wiens previously declared a conflict of interest with Report CDS-18-014 - Municipal Heritage Committee Minutes - February 13, 2018 - recommendation 1.6 - 144 & 176 John Street East of the March 5, 2018 Committee of the Whole Meeting minutes as he owns and operates a similar business. Councillor Wiens did not take part in any discussion.

Mr. Rogato stated he was representing Two Sisters Resorts Corporation, the applicant for 144 & 176 John Street, Randwood Estate. Mr. Rogato stated he was present to address the Heritage Committee Minutes of February 13, 2018 and process. Mr. Rogato referred to an electronic presentation and provided details with regard to the following:
  • Heritage Committee Minutes
  • Alternative Facts
  • Moving Forward

In closing, Mr. Rogato called on SORE to meet to start on the common ground of responsible development as the developer is open and willing to communicate. Mr. Rogato indicated if staff would facilitate working sessions with the Municipal Heritage Committee and SORE representatives he would be there to safeguard the public interest.

Mr. Rogato answered questions of Council and Lord Mayor Pat Darte thanked him for coming forward.
(2)Lauren Kruitbosch, Community Engagement Coordinator
Join the Conversation - Indoor Pool Committee and 176 Wellington Street

Lauren Kruitbosch came forward to present two new pages to the Town's Join the Conversation site, specifically the Former Hospital Site and Indoor Swimming Pool. Ms. Kruitbosh provided an update with regard to the Join the Conversation site and its users. Ms. Kruitbosch displayed the Former Hospital Site and Indoor Swimming Pool pages and highlighted the features and tools for users and staff on each page. Ms. Kruitbosch answered questions of Council and Lord Mayor Pat Darte thanked her for coming forward.
(3)Sara Premi, Sullivan Mahoney LLP
Reif Estate Winery and the Grand Victorian
15606 - 15608 Niagara River Parkway and 15618 Niagara River Parkway

Sara Premi stated she was present, with Susan Wheler, Planning Consultant on behalf of the owners. Ms. Premi provided background information about the application and spoke to the process; September 2017 staff report/deferral; Report CDS-18-015 use of veranda/permitted use; and transition clause. In closing, Ms. Premi requested Council to approve the recommendations in the staff report and by-law. Lord Mayor Pat Darte thanked Ms. Premi for coming forward.
(4)Terrance and Wanda Nord, 15630 Niagara Parkway
Grand Victorian Country Inn

Mr. Nord stated he and his wife owned the property adjacent to the north of the Grand Victorian Country Inn and Reif Winery and noted he has spoken to Council on previous occasions about weddings and other activities that affect their quality of life as private citizens . Mr. Nord read from his submission and summarized their support of the original staff report and by-law from September 2017. Mr. Nord further outlined his current concerns with Report CDS-18-015 March 19, 2018 including the indoor/outdoor rooms; the affect to their quality of life; hospitality event definitions; access to their property; and enforcement of by-law regulations/registered complaints. Mr. Nord recommended that Council reject the by-law and direct Town staff to revise the documents to address their concerns. In closing, Mr. Nord stated they continue to support the interest of the Wineries and other commercial interests in Niagara-on-the-Lake. Lord Mayor Pat Darte thanked Mr. Nord for coming forward.
(5)Case Bassie, 635 Stoneridge Crescent
Pickleball in NOTL

Mr. Bassie introduced the Niagara-on-the-Lake Pickleball Club and provided background information about Pickleball at the Community Centre for the past two years. Mr. Bassie highlighted the popularity of the program; 100 participants in 2017; and formation of NOTL Pickleball Club January 2018 with more than 65 members with expected growth. Mr. Bassie provided an overview of the paddle sport; players and equipment; game history and growth; indoor and outdoor play; Pickleball Association of Ontario; Ontario Senior Games Association sanction.

In closing, Mr. Bassie requested Council's support for this evening's motion regarding the use of the Virgil tennis courts for Pickleball. Mr. Bassie answered questions of Council and Lord Mayor Pat Darte thanked him for coming forward.


RESPONSE TO DELEGATIONS FROM COUNCIL:

(1)Heritage Committee Minutes and Process 144 & 176 John Street, Randwood Estate - Report CDS-18-014 Municipal Heritage Committee Minutes - February 13, 2018 of the March 5, 2018 Committee of the Whole Meeting minutes.

Councillor John Wiens previously declared a conflict of interest with Report CDS-18-014, as amended, - Municipal Heritage Committee Minutes - February 13, 2018 - recommendation 1.6 - 144 & 176 John Street East of the March 5, 2018 Committee of the Whole Meeting minutes as he owns and operates a similar business. Councillor Wiens did not take part in any discussion or vote on this item.

Moved by Councillor Maria Bau-Coote, seconded by Councillor Terry Flynn that Report CDS-18-014, as amended, Municipal Heritage Committee Minutes - February 13, 2018 of the March 5, 2018 Committee of the Whole Meeting minutes be lifted for discussion and voted on separately. APPROVED.

Discussion took place with regard to the delegation and Report CDS-18-014, as amended, Municipal Heritage Committee Minutes - February 13, 2018 recommendation 1.6 - 144 & 176 John Street. It was noted Mr. Rogato was willing to talk with SORE representatives and meet with the Municipal Heritage Committee, and Council should provide the opportunity for those discussions to happen and see the outcome from those discussions. Councillor Maria Bau-Coote asked staff to start the process of getting the parties to speak.

Moved by Councillor Maria Bau-Coote, seconded by Councillor Martin Mazza that Report CDS-18-014, as amended, Municipal Heritage Committee Minutes - February 13, 2018, recommendation 1.6 proposed hotel and conference centre at 144 & 176 John Street East (MHC-18-008), be deferred for one month to the April 16, 2018 Council meeting.

A polled vote was called by Councillor Maria Bau-Coote.
COUNCILLOR
YEA
NAY
Maria Bau-Coote
X
Jim Collard (absent)
Betty Disero
X
Terry Flynn
X
Jamie King (absent)
Martin Mazza
X
Paolo Miele
X
John Wiens (conflict)
Lord Mayor Pat Darte
X
TOTALS
4
2

APPROVED (deferred CDS-18-014 recommendation 1.6).

Report CDS-18-014, as amended, Municipal Heritage Committee Minutes - February 13, 2018, specifically recommendation 1.6 proposed hotel and conference centre at 144 & 176 John Street East (MHC-18-008), was voted on and deferred to the April 16, 2018 Council meeting.

The balance of Report CDS-18-014, as amended, Municipal Heritage Committee Minutes - February 13, 2018 of the March 5, 2018 Committee of the Whole Meeting minutes was voted on and approved.

At this time Council returned to the regular order of the agenda.
(2)Reif Estate Winery and the Grand Victorian 15606 - 15608

Councillor John Wiens previously declared a conflict of interest with delegations (1) Sara Premi, Sullivan Mahoney LLP, Reif Estate Winery and the Grand Victorian 15606 - 15608 Niagara River Parkway and 15618 Niagara River Parkway; and (2) Terrance and Wanda Nord, 15630 Niagara Parkway, Grand Victorian Country Inn, as he owns and operates a similar business. Councillor Wiens did not take part in any discussion.

Moved by Councillor Martin Mazza, seconded by Councillor Maria Bau-Coote that Sara Premi Sullivan Mahoney LLP be recalled to comment on delegation (2) Terrance Nord - Grand Victorian Country Inn.
APPROVED.

Ms. Premi stated her position with the Grand Victorian Inn verandah being a legal use, and legal non-conforming use. Ms.Premi provided background information from 2017 regarding the use of the verandah and clarified her position that is a legal use.


COMMITTEE REPORTS:

(1)Committee of the Whole March 5, 2018 Meeting Minutes
The recommendations from the March 5, 2018 Committee of the Whole Meeting have been referred to this Council meeting for consideration.

Report CDS-18-014, as amended, Municipal Heritage Committee Minutes - February 13, 2018 of the March 5, 2018 Committee of the Whole Meeting minutes was lifted and dealt with under Response to Delegations listed above.

Councillor John Wiens requested that Report OPS-18-004 Irrigation Committee Minutes - January 31, 2018 of the March 5, 2018 Committee of the Whole Meeting minutes be lifted for discussion and voted on separately.

Discussion took place with regard to recommendation 1.4 That the additional cost over and above the Engineer's recommendation (option 1) of $15,000 be funded from the 2018 Irrigation Operations budget.

Moved by Councillor John Wiens, seconded by Councillor Betty Disero that Report OPS-18-004 recommendation 1.4 be amended to read:

1.4That additional costs over and above the engineers costs above $15,000 be funded from the capital reserve.

APPROVED.

The balance of Report OPS-18-004 was voted on and approved.

Report OPS-18-004 Irrigation Committee Minutes - January 31, 2018 of the March 5, 2018 Committee of the Whole Meeting minutes was voted on, as amended, and approved.

Councillor Betty Disero requested that Report OPS-18-005, as amended, Pedestrian Crossing Device on Niagara Stone Road near Crossroads School, of the March 5, 2018 Committee of the Whole Meeting minutes be lifted for discussion and voted on separately.

Discussion took place with regard to the proposed pedestrian crossing at Niagara Stone Road near Crossroads school.

Councillor Betty Disero's motion to defer Report OPS-18-005 was not seconded.

Report OPS-18-005 recommendation 1.1 was lifted and voted on separately.

A polled vote was called by Councillor Martin Mazza.
COUNCILLOR
YEA
NAY
Maria Bau-Coote
X
Jim Collard (absent)
Betty Disero
X
Terry Flynn
X
Jamie King (absent)
Martin Mazza
X
Paolo Miele
X
John Wiens
X
Lord Mayor Pat Darte
X
TOTALS
7
0

APPROVED (OPS-18-005 recommendation 1.1).

Report OPS-18-005 recommendation 1.2 was lifted and voted on separately.

A polled vote called by Councillor Martin Mazza.
COUNCILLOR
YEA
NAY
Maria Bau-Coote
X
Jim Collard (absent)
Betty Disero
X
Terry Flynn
X
Jamie King (absent)
Martin Mazza
X
Paolo Miele
X
John Wiens
X
Lord Mayor Pat Darte
X
TOTALS
5
2

APPROVED (OPS-18-005 recommendation 1.2).

Report OPS-18-005, as amended, Pedestrian Crossing Device on Niagara Stone Road near Crossroads School, of the March 5, 2018 Committee of the Whole Meeting minutes was voted on and approved.

In answer to a question regarding Report CDS-18-010 459 Line 1 Road - Front-Ending Agreement - Ontario Municipal Board Objection, of the March 5, 2018 Committee of the Whole Meeting minutes, the Town Clerk clarified that he spoke with the resident's legal representative and the Town has reached out to the case coordinator with the OMB and advised the Town is interested in the mediation process.

The balance of the March 5, 2018 Committee of the Whole Meeting minutes was voted on and approved.

- resolution #2, APPROVED, AS AMENDED, MARCH 5, 2018 COMMITTEE OF THE WHOLE MEETING MINUTES.
(2)Clerk to read resolution to adopt recommendation
Community & Development Report CDS-18-015
15606-15608 Niagara River Parkway (Reif Estate Winery) & 15618 Niagara River Parkway (Grand Victorian) Applications for Zoning By-law Amendments

Councillor John Wiens perviously a conflict of interest with Report CDS-18-015 15606-15608 Niagara River Parkway & 15618 Niagara River Parkway -Applications for Zoning By-law Amendment and Site Plan Approval, as he owns and operates a similar business. Councillor Wiens did not take part in any discussion or vote on this item.

- resolution #3 APPROVED RECOMMENDATIONS CDS-18-015.
(3)Clerk to read resolution to adopt recommendation
Community & Development Report CDS-18-016
Permitted Uses in LI-12 Zone - 303 Townline Road and 2 Westwood Court

- resolution #4, APPROVED RECOMMENDATION CDS-18-016.
(4)Clerk to read resolution to adopt recommendation
Operations Report OPS-18-009
Indoor Pool Committee Meeting Minutes - February 27, 2018

Discussion took place regarding Report OPS-18-009 and Join the Conversation on the Town website.

Moved by Councillor Betty Disero, seconded by Councillor Terry Flynn that Report OPS-18-009 be amended to include:

1.2.3 That information on the existing outdoor pools, the cost of a new indoor pool, and any third party partnerships be included in the information to the public on Join The Conversation.
APPROVED.

The balance of Report OPS-18-009 was voted on and approved.

Report OPS-18-009 Indoor Pool Committee Meeting Minutes -February 27, 2018 was voted on, as amended, and approved.

- resolution #5, APPROVED, AS AMENDED, RECOMMENDATIONS OPS-18-009.


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)

500XC-18- A by-law pursuant to Section 34 of the Ontario Planning Act to amend By-lw 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 (Reif Estates Winery – 15606 – 15608 Niagara River Parkway and Grand Victorian – 15618 Niagara River Parkway)

500XF- 18- A by-law pursuant to Section 34 of the Ontario Planning Act to amend By-lw 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 (72 Hunter Road)

500XG-18- A by-law pursuant to Section 34 of the Ontario Planning Act to amend By-lw 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 (Potential Development(Holding) (PHD) Zone Accessory Buildings)

4316CW-18 A by-law to amend By-law No. 4316-09, as amended, entitled a by-law to regulate the use of lands and the erection, use, bulk height, location and spacing of buildings and structures within the Town of Niagara-on-the-Lake (Residential Development (RD) Zones)

5025A-18 A by-law to amend By-law 5025-17 being 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 Transportation (Niagara District Airport Adjacent Lands Transfer & Agricultural Leases)

5041-18 A by-law to appoint Primary and Alternative Community Emergency Management Coordinators for The Corporation of the Town of Niagara-on-the-Lake

5042-18 A by-law to enact a Corporate Policy - Reserves and Reserve Fund Policy - for The Corporation of the Town of Niagara-on-the-Lake

5043-18 A by-law to appoint Warwick Perrin as a Municipal Law
Enforcement Officer, Inspector for Property Standards and Area Weed Inspector for The Corporation of the Town of Niagara-on-the-Lake and rescind By-law Nos. 4611-13 and 4800-15

5044-18 A by-law to appoint Victoria Wickabrod as a Municipal Law Enforcement Officer, Inspector for Property Standards and Area Weed Inspector for The Corporation of the Town of Niagara-on-the-Lake

5045-18 A by-law to appoint Justin French as a Municipal Law Enforcement Officer for The Corporation of the Town of Niagara-on-the-Lake and rescind By-law 4906-16

5046-18 A by-law to authorize an agreement between The Corporation of the Town of Niagara-on-the-Lake and The Niagara-on-the-Lake Tennis Club Inc. (2018 to 2023)

5047-18 A by-law to authorize the Purchase and Sale of Block 23, Plan 30M-302 Bay Berry Lane, Niagara-on-the-Lake and the Lord Mayor and Town Clerk be authorized to sign all necessary documents

5048-18 A by-law to authorize an agreement between The Corporation of the Town of Niagara-on-the-Lake and ARD Chambers Inc. and appoint Edward T. McDermott as the Integrity Commissioner (Term April 1, 2018 to March 22, 2022)

Councillor John Wiens previously declared a conflict of interest with By-law 500XC-18 he owns and operates a similar business. Councillor Wiens did not take part in any discussion or vote on any readings of this by-law.

By-law 500XC-18 was lifted and voted on separately for three readings and approved.

The balance of the by-laws was voted on for three readings and approved.

- resolution #6, BY-LAWS RECEIVED THREE READINGS.

CORRESPONDENCE AND MOTIONS:
Clerk to read resolution

1.The following resolution(s) be adopted:
(a)Councillor Betty Disero - Pickle Ball

- resolution #7, APPROVED RESOLUTION.
(b)Councillor Betty Disero - Municipal Heritage Committee Designation Sub-Committee

- resolution # 8, APPROVED RESOLUTION.
(c)Lord Mayor Pat Darte - Watercourse Mapping

Lord Mayor Pat Darte stepped down from the Chair to speak to his motion and Deputy Lord Mayor John Wiens assumed the Chair.

Lord Mayor Pat Darte provided background information and an update with regard to watercourse mapping and further provided the following amended motion.

Moved by Lord Mayor Pat Darte, seconded by Councillor Betty Disero
WHEREAS the agricultural community has requested more accurate mapping depicting current conditions;
AND WHEREAS it is in the best interest of The Corporation of the Town of Niagara-on-the-Lake (Town) to have detailed accurate mapping of the watercourses;
AND WHEREAS the Regional Municipality of Niagara and Niagara Peninsula Conservation Authority resources could assist the Town with creating more detailed and accurate maps.
THEREFORE BE IT RESOLVED that Council direct staff to engage the Region of Niagara and the Niagara Peninsula Conservation Authority to assist the Town with providing an accurate depiction of conditions that are currently on the landscape so that this map could be provided to provincial agencies and the public;
AND FURTHER that understanding the Region of Niagara already had initiated detailed water course mapping we request that the Niagara Region complete these maps and submit to the municipalities for approval and given back to the Region for adoption;
AND FURTHER that any costs associated with the activities above be included in the 2019 budget for consideration.
APPROVED.

- resolution #9, APPROVED RESOLUTION.
(d)Lord Mayor Pat Darte - Phragmites Free 2023

Lord Mayor Pat Darte provided background information and an update with regard to phragmites and further provided the following amended motion.

Moved by Lord Mayor Pat Darte, seconded by Councillor Betty Disero
WHEREAS the Agricultural Committee is concerned with the long-term impact and costs to manage this invasion.
THEREFORE BE IT RESOLVED that Council direct the Lord Mayor to engage the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority to pilot a project to eradicate phragmites within the Town of Niagara-on-the-Lake;
AND FURTHER that Council set up a committee consisting of the Irrigation & Drainage Superintendent, the Lord Mayor and a member of each of the Agriculture and Irrigation committees;
AND FURTHER that Council direct the Lord Mayor to request the Region of Niagara create a committee to establish a viable plan which engages many professionals and members of the Town of Niagara-on-the-Lake to be Phragmites free by 2023.
APPROVED.

- resolution #10, APPROVED RESOLUTION.
(e)Councillor Paolo Miele - Former Virgil Public School

Lord Mayor Pat Darte resumed the Chair at this time.

Councillor Terry Flynn left the Council Chambers at 9:17 p.m. and did not return to the Council meeting.

A polled vote was called by Councillor Paolo Miele.
COUNCILLOR
YEA
NAY
Maria Bau-Coote
X
Jim Collard (absent)
Betty Disero
X
Terry Flynn (absent)
Jamie King (absent)
Martin Mazza
X
Paolo Miele
X
John Wiens
X
Lord Mayor Pat Darte
X
TOTALS
6
0

APPROVED.

- resolution #11, APPROVED RESOLUTION.
2.Information Package(s): PACKAGES
Clerk to read resolution to receive Information package(s)
  • March 8, 2018
  • March 15, 2018

- resolution #12, RECEIVED MARCH 8 & 15, 2018 INFORMATION PACKAGES.


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."

Councillor Betty Disero gave notice of motion with respect to the Randwood property.

Councillor Paolo Miele gave notice of motion with respect to by-law enforcement and short term rentals.

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:
  • Procedural By-law clarification of motions
  • Anne Street Development - Windsor Project Retaining Wall
  • Parliament Oak School property press release
  • Canada Post PO Box numbers
  • Report CDS-17-045 Long Term Rental Housing Licensing By-law

Moved by Councillor Martin Mazza, seconded by Maria Bau-Coote that the meeting be extended to complete the agenda.
APPROVED.

CLOSED SESSION:
Clerk to read resolution
The Municipal Act 2001, as amended,
  • 239.(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically Wellington Street property
  • Section 239.(2)(d) Labour Relations or employee negotiations

At 10:10 p.m. the following motion was read in open session:

Moved by Councillor Maria Bau-Coote, seconded by Councillor Paolo Miele 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 Wellington Street property; and
  • Section 239.(2)(d) Labour Relations or employee negotiations
APPROVED (resolution #13).

At 10:50 p.m. the following motion was read in open session:

Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
  • Section 239.(2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically Wellington Street property with the following:
Staff be directed to continue to negotiate with the current tenants, including the Doctors at 176 Wellington Street on a lease to allow the tenants to remain at this location no later than December 31, 2019 and legal counsel be directed to prepare the necessary documents to be presented to Council with a by-law, no later than May 2018.
APPROVED (resolution #14).

Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
  • Section 239.(2)(d) Labour Relations or employee negotiations with the following:
THAT leave be given to introduce By-law No. 5027A-18, 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 (resolution #15).

PROCEEDINGS BY-LAW:
Clerk to read resolution for reading of by-law
5049-18- A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on March 19, 2018

- resolution #16, BY-LAW RECEIVED THREE READINGS.

RESOLUTIONS:

1. Moved by Councillor Maria Bau-Coote, seconded by Councillor Betty Disero that the minutes of the Council Meeting held February 12, 2018 be adopted.
APPROVED.

2. Moved by Councillor Martin Mazza, seconded by Councillor Maria Bau-Coote that the Minutes and Reports of the March 5, 2018 Committee of the Whole Meeting be adopted.
APPROVED, AS AMENDED.

3. Moved by Councillor Martin Mazza, seconded by Councillor Maria Bau-Coote that the recommendations contained in Community & Development Report CDS-18-015 be adopted to include that:
      1.1 Report CDS-17-052, attached as Appendix B to this report, be received and the recommendations be set aside; and
      1.2 The Zoning By-law Amendment applications for 15606 -15608 Niagara River Parkway and 15618 Niagara River Parkway be approved, and the draft Zoning By-law Amendment attached as Appendix C and Appendix C1 to this report, be approved by Council.
APPROVED.

4. Moved by Councillor Terry Flynn, seconded by Councillor Maria Bau-Coote that the recommendation contained in Community & Development Report CDS-18-016 be adopted to include that:
1.1 Community and Development Services initiate a planning application proposing to amend Section 11.18.12 - Site Specific Light Industrial (LI-12) Zone of the Zoning By-law 4316-09, as amended, to permit uses previously allowed under By-law 500A-74.
APPROVED.

5. Moved by Councillor Maria Bau-Coote, seconded by Councillor Terry Flynn, that the recommendations contained in Operations Report OPS-18-009 be adopted to include that:
      1.1 that the February 27, 2018 Indoor Pool meeting minutes, attached to this report be received; and
      1.2 that the following recommendations as outlined in the February 27, 2018 Indoor Pool Committee meeting minutes be forwarded to Council for approval; and
        1.2.1 that Council grant the Indoor Pool Committee an extension to report back to Council in May; and
        1.2.2 that Council endorse the creation of Indoor Pool Committee Join the Conversation page for the purposes of consulting the Public.
        1.2.3 that information on the existing outdoor pools, the cost of a new indoor pool, and any third party partnerships be included in the information to the public on Join the Conversations.
      APPROVED, AS AMENDED.
6. Moved by Councillor Maria Bau-Coote, seconded by Councillor Terry Flynn that leave be given to introduce By-law Nos. 500XC-18, 500XF-18, 500XG-18, 4316CW-18, 5025A-18, 5041-18, 5042-18 5043-18, 5044-18, 5045-18, 5046-18, 5047-18 and 5048-18 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.

7. Moved by Councillor Betty Disero, seconded by Councillor Terry Flynn
      WHEREAS Pickle Ball appears to be one of the fastest growing sports in North America;
      AND WHEREAS a Pickle Ball Association, with just under 100 members has been formed in Niagara-on-the-Lake;
      AND WHEREAS Council has funds allocated in the 2018 Capital Budget towards upgrading the tennis courts at the Virgil Sports Park.
      THEREFORE BE IT RESOLVED that staff investigate and report back to Council on the merit of converting the tennis courts at the Virgil Sports Park to Pickle Ball courts within the approved budget;
      AND FURTHER that staff create a page on Join the Conversation, asking for community input on this proposed venture.
      APPROVED.

8. Moved by Councillor Betty Disero, seconded by Councillor John Wiens
      WHEREAS the Municipal Heritage Committee (MHC) is the mechanism that Council uses to meet the Provincial obligation for the Provincial Policy Statement (2.6.1) pertaining to municipal responsibility to protect heritage resources.
      THEREFORE BE IT RESOLVED that Council request input from the MHC on the establishment of a Listing/Designation Subcommittee;
      AND FURTHER should the MHC request the establishment of the subcommittee that staff be directed to create a terms of reference to be reviewed by the MHC and forwarded to Council for approval.
APPROVED.

9. Moved by Lord Mayor Pat Darte, seconded by Councillor Betty Disero
      WHEREAS the agricultural community has requested more accurate mapping depicting current conditions;
AND WHEREAS it is in the best interest of The Corporation of the Town of Niagara-on-the-Lake (Town) to have detailed accurate mapping of the watercourses;
AND WHEREAS the Regional Municipality of Niagara and Niagara Peninsula Conservation Authority resources could assist the Town with creating more detailed and accurate maps.
THEREFORE BE IT RESOLVED that Council direct staff to engage the Region of Niagara and the Niagara Peninsula Conservation Authority to assist the Town with providing an accurate depiction of conditions that are currently on the landscape so that this map could be provided to provincial agencies and the public;
AND FURTHER that understanding the Region of Niagara already had initiated detailed water course mapping we request that the Niagara Region complete these maps and submit to the municipalities for approval and given back to the Region for adoption;
AND FURTHER that any costs associated with the activities above be included in the 2019 budget for consideration.
APPROVED.
    10. Moved by Lord Mayor Pat Darte, seconded by Councillor Betty Disero
    WHEREAS the Agricultural Committee is concerned with the long-term impact and costs to manage this invasion.
    THEREFORE BE IT RESOLVED that Council direct the Lord Mayor to engage the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority to pilot a project to eradicate phragmites within the Town of Niagara-on-the-Lake; AND FURTHER that Council set up a committee consisting of the Irrigation & Drainage Superintendent, the Lord Mayor and a member of each of the Agriculture and Irrigation committees;
    AND FURTHER that Council direct the Lord Mayor to request the Region of Niagara create a committee to establish a viable plan which engages many professionals and members of the Town of Niagara-on-the-Lake to be Phragmites free by 2023.
    APPROVED.
      11. Moved by Councillor Paolo Miele, seconded by Councillor Maria Bau-Coote
          WHEREAS on January 17, 2011 Council approved PDS-11-001 which requested that the Municipal Heritage Committee (MHC) research the potential of designating Virgil Public School and develop a recommendation for Council's consideration;
          AND WHEREAS on October 11, 2011 Council defeated the recommendations contained in Report CDS- 11-075 including the following:
          • that the property at 1665 Four Mile Creek Road (Virgil Public School) be designated under Part IV of the Ontario Heritage Act for its cultural heritage value or interest
          • that staff be directed to service the notice of intention to designate the property at 1665 Four Mile Creek Road under Part IV of the Ontario Heritage Act on the owners of the property and on the Ontario Heritage Trust, and to publish the notice in a newspaper having general circulation in the Municipality
          • that, if there are no objections to the designation of 1665 Four Mile Creek Road within 30 days of the notice of intention to designate being served on the owner of the property and on the Ontario Heritage Trust and being published in a newspaper having general circulation in the Municipality, that Council enact the attached by-law designating the property at 1665 Four Mile Creek Road (Virgil Public School) under Part IV of the Ontario Heritage Act;
          AND WHEREAS this Council considers the property to be of significant cultural heritage value.
          THEREFORE BE IT RESOLVED that Council request the MHC to review previous reports requesting approval for heritage designation;
          AND FURTHER that the MHC provide recommendations to Council for designating the property.
          APPROVED.
      12. Moved by Councillor Paolo Miele, seconded by Councillor Maria Bau-Coote that Council receive the March 8, 2018 and March 15, 2018 Information Packages for information.
      APPROVED.

      13. Moved by Councillor Maria Bau-Coote, seconded by Councillor Paolo Miele 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 Wellington Street property; and
          • Section 239.(2)(d) Labour Relations or employee negotiations
          APPROVED.
        14. Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
            • Section 239.(2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board, specifically Wellington Street property with the following:
              Staff be directed to continue to negotiate with the current tenants, including the Doctors at 176 Wellington Street on a lease to allow the tenants to remain at this location no later than December 31, 2019 and legal counsel be directed to prepare the necessary documents to be presented to Council with a by-law, no later than May 2018.
            APPROVED.
        15. Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that Council rise from the closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
            • Section 239.(2)(d) Labour Relations or employee negotiations with the following:
              THAT leave be given to introduce By-law No. 5027A-18, and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding.
          APPROVED.
        16. Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that leave be given to introduce By-law No. 5049-18, 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.
        17. Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that this Council adjourn to the next regular meeting to be held April 16, 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 Betty Disero, seconded by Councillor Terry Flynn that agenda delegation (4) Maurizio Rogato - MHC Meeting Minutes; and Report CDS-18-014 Municipal Heritage Committee Minutes - February 13, 2018 of the March 5, 2018 Committee of the Whole Meeting minutes be dealt with first under Agenda Delegations.
            APPROVED.

        2. Moved by Councillor Betty Disero, seconded by Councillor John Wiens that the agenda be adopted as amended.
            APPROVED.

        3. Moved by Councillor Maria Bau-Coote, seconded by Councillor Terry Flynn that Report CDS-18-014, as amended, Municipal Heritage Committee Minutes - February 13, 2018 of the March 5, 2018 Committee of the Whole Meeting minutes be lifted for discussion and voted on separately.
        APPROVED.

        4. Moved by Councillor Maria Bau-Coote, seconded by Councillor Martin Mazza that Report CDS-18-014, as amended, Municipal Heritage Committee Minutes - February 13, 2018, recommendation 1.6 proposed hotel and conference centre at 144 & 176 John Street East (MHC-18-008), be deferred for one month to the April 16, 2018 Council meeting.
        APPROVED.

        5. Moved by Councillor Martin Mazza, seconded by Councillor Maria Bau-Coote that Sara Premi Sullivan Mahoney LLP be recalled to comment on delegation (2) Terrance Nord -
            Grand Victorian Country Inn.
            APPROVED.
        6. Moved by Councillor John Wiens, seconded by Councillor Betty Disero that Report OPS-18-004 recommendation 1.4 be amended to read:
        1.4 That additional costs over and above the engineers costs above $15, 000 be funded from the capital reserve.
        APPROVED.

        7. Moved by Councillor Martin Mazza, seconded by Maria Bau-Coote that the meeting be extended to complete the agenda.
        APPROVED.

        ADJOURNMENT: 10:53 PM


        LORD MAYOR PAT DARTE TOWN CLERK PETER TODD