PRESENT:
This meeting was held via Video Conference due to COVID-19 and public health concerns and was able to be viewed via Livestream on the Town's website.
Lord Mayor Betty Disero, Councillors: Norm Arsenault, Al Bisback, Gary Burroughs, Clare Cameron, Wendy Cheropita, Erwin Wiens, John Wiens and Sandra O'Connor
REGRETS:
STAFF:
Sheldon Randall Chief Administrative Officer (I)
Kyle Freeborn Director, Corporate Services
Craig Larmour Director, Community & Development Services
Nick Ruller Fire Chief
Jeff Vyse Manager of Public Works
Kevin Turcotte Director, Operations (A)
Peter Todd Town Clerk
OTHERS:
MEDIA:
This meeting was held via Video Conference due to COVID-19 and public health concerns and was able to be viewed via Livestream on the Town's website.
CALL TO ORDER
Lord Mayor Betty Disero called the meeting to order at 4:02 p.m.
ADOPTION OF THE AGENDA
The following items were added to the agenda:
1. Closed session
Closed meeting under section 239 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically relating to lease negotiations.
2. Delegations:
a. Tony Visca - CS-20-020 Pedal Pub Request - Revised Route for 2020
b. M. Hassebroek - 963 Queenston Road
c. Steven O'Melia - 963 Queenston Road
d. Tom Richardson - 963 Queenston Road
e. Tom Richardson - Noise By-law Motion July 10, 2020 COTW Planning Minutes
f. Tom Richardson - Limited Distilling AGCO Request
g. Jenna Miles - Limited Distilling AGCO Request
h. Brian Marshall - 8.7 MHC-20-016 - 240 Centre Street
3. By-law 5260-20 being a by-law to authorize a site plan agreement between The Corporation of the Town of Niagara-on-the-Lake and 1314102 Ontario Ltd. (963 Queenston Road)
4. Correspondence and motions: h) Program for Deferral of Development Charges.
Moved by Councillor Al Bisback, seconded by Councillor John Wiens that the agenda be adopted, as amended.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X |  |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| VACANT | | |
| ERWIN WIENS (absent) | | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 7 | 0 |
-resolution #1, APPROVED, AS AMENDED.
CONFLICT OF INTEREST
Councillor Erwin Wiens perviously declared a conflict of interest with Community & Development Services Report CDS-20-022 - 822 Concession 1 Road, as he owns the property.
Councillor Al Bisback previously declared a conflict of interest with closed session Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with 144 - 176 John Street East as he lives in close proximity to the property.
Councillor Clare Cameron declared a conflict of interest with the non-delegation item with respect to Willowbank By-law 4117-07 as she has provided consulting services to the organization.
COUNCIL APPOINTMENT
5256-20- A by-law to appoint Sandra O'Connor as a member of the Council of The Corporation of the Town of Niagara-on-the-Lake
Moved by Councillor Gary Burroughs, seconded by Councillor Norm Arsenault that leave be given to introduce By-law 5256-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| VACANT | | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 8 | 0 |
APPROVED.
Peter Todd, Town Clerk administered the Declaration of Office for Sandra O'Connor having been appointed to the office of Councillor of the Town of Niagara-on-the-Lake on August 24, 2020.
-resolution #2, BY-LAW RECEIVED THREE READINGS.
TREE BY-LAW APPEAL Hearing 4:00 p.m.
(1) 6 Balmoral Drive - Mike and Judy Fox
The Clerk will advise that notice was given on August 12, 2020 to all interested parties.
The following information is being provided to Council Members as per the Town's Tree By-law Appeal procedure.
1. A copy of the Notice of Appeal
2. The complete record before the hearing of the Inspector
3. A copy of the Notice of Appeal Hearing
WITNESSES TO BE HEARD IN THE FOLLOWING ORDER:
The Clerk will advise that notice was given on August 12, 2020 to all interested parties.
All individuals giving evidence before Council on the appeal hearing shall testify under an oath or solemn affirmation.
Statement read:
Do you affirm that the evidence to be given by you in regard to the matters in question between the parties to this proceeding shall be the truth, the whole truth, and nothing but the truth.
1. Town staff, and/or any other witness retained by the Town, shall give evidence as to the position of the Town concerning the tree appeal, upon completion, those individuals who gave evidence on behalf of the Town shall be subject to questioning by Council and the Appellant.
At this time Rolf Wiens, Chief Building Official and Erin Dean, Municipal Law Enforcement Officer & Property Standards Officer summarized the staff findings to Council for the Tree Removal Application AP-2020-234 for 6 Balmoral Drive. Staff advised their inspection on July 30, 2020 was inconclusive, therefore, at this time they were unable to issue a permit for the destruction of the tree. Observations taken at the inspection revealed a healthy tree, and without a submission from an Arborist Assessment, were unable to determine whether the tree fell within the exemptions of Part 5 of the Private Tree Protection By-law 5139-19. Staff answered questions of Council with respect to moving the tree. The applicants were advised of the appeal process.
Mike Fox asked questions of staff regarding tree inspector's discretion; accuracy of diameter of the tree; and the tree foot pint.
Lord Mayor Betty Disero thanked the Mike Fox for coming forward.
2. Any Interested Parties against the tree appeal shall present evidence, and upon completion shall be subject to questioning by Council and the Appellant.
No one came forward to speak.
3. Any Interested Parties in favour of the tree appeal shall present evidence, and upon completion shall be subject to questioning by Council and the Appellant.
No one came forward to speak.
4. The Appellant shall present their evidence, and may call witness(es) in support of their position, and upon completion those who spoke shall be subject to questioning by Council.
Appellant statement re: appeal of tree permit denial for 6 Balmoral Drive
We are tree lovers and are generally in favour of measures to protect the tree canopy. We planted 13 trees in 13 years at our previous house on Lakeshore Road, and since we moved to Balmoral Drive last summer, we have planted three, three-year-old tree seedlings, one five- year juniper sapling, and one twelve-year eastern white pine.
We, and most townspeople, think that the tree By-law primarily sought to prevent indiscriminate, wholesale destruction of trees that some developers were perpetrating and perhaps some tree destruction by unthinking individuals, but not a homeowner planning to enhance the appearance of their property by making a minor substitution in ornamental vegetation.
Background:
We planned to re-landscape our front garden this summer. We started in early summer and were going to replace an old overgrown ornamental tree (a pyramid cedar) with another ornamental tree. This seemed a simple enough substitution until someone suggested we might need a permit to remove the existing tree. We phoned a By-law Enforcement Officer on June 29 and left a message for a call back, but to expedite things in case we needed a permit we applied for one on-line that evening. On June 30 we received an email from an officer denying us the permit. We emailed him back on July 1 with questions and when we didn't hear back in five working days, we e-mailed him again only to find he had left his Town employment. There were several delays in July, but finally the tree was inspected on July 30. On July 31 we were told a permit was denied. We immediately filed our appeal.
Points in favour of being granted a permit:
1. The tree we wish to replace was planted 1.2 metres from the house foundation about 18 years ago and was designed to embellish and complement the house, and not provide canopy. It has never been pruned so now it is entirely out of scale with the house (it dominates it and not complements it), overgrown bushes at the base were never pruned (their removal has resulted in unsightly bare patches in the cedar), and it is encroaching on the single-lane driveway. Bare patches will never regain green growth and nothing can be planted close enough to mask the bare spots because the tree saps the ground of moisture and nutrients. No damage to the foundation is visible but it doesn't require a building inspector to conclude that a tree so close to the foundation is not a good idea.
2. We accept that under the by-law the tree meets the criteria of a Regulated Tree: 12.5cm ABH and over 4.5m tall. The by-law is presumably intended to help preserve the benefits that a tree canopy provides. However, the above criteria for identifying our tree as a Regulated Tree are not necessarily related to the benefits of trees that are expressed in the preamble of By-law No. 5139-19—as shown below;
Benefits of trees expressed in the By-law preamble:
Increased aesthetic and property values: however, this tree is oversized and has an ugly bare patch that cannot be hidden. Green needles will not grow back and nothing will grow within 1.5m of the tree's base. The tree detracts visually from the property rather than embellishing it. We have been dealing with the Town's "Enforcement and Property Standards". Surely, this is partly a property standards issue.
Shade: being a very skinny tree, this tree provides little shade. This species is never intended as a shade tree.
Contributions to physical and psychological well-being: this tree dispenses neither of these; in fact, dealing with the Town on this has really caused us considerable frustration and stress!
Maintenance and enhancement of water quality: such a small tree has negligible effect.
Prevention of soil erosion and run-off: not an issue-- it's on a flat site right next to the house.
Wildlife habitat: occasionally house sparrows perch there.
Etc. Etc.
And the major overall aim of the by-law is stated as:
Protect the tree canopy: but being skinny, the tree in question has a minuscule canopy.
In other words, this cedar has virtually no benefits and a major downside.
The criteria for identifying a Regulated Tree are crude, but easily and unambiguously measurable; however, they do not necessarily measure the benefits, or their lack, of a given tree, as demonstrated above.
We had expressed a hope to you three weeks ago that this case could be resolved quickly because we are running out of time for planting--and the choice of plants is much reduced. It's a case that we expected could be resolved in a couple of weeks; instead we are at day 57 and e-mails are now over 25! It has involved nine Council members and at least five staff. Such is bureaucracy!
With respect, we have three recommendations:
1. We realize that this is a new by-law, but we hope you will develop a much more efficient and effective way of dealing with what amounts to such a trivial, inconsequential amendment to NOTL’s trees—a process that does not take 57 days to resolve, require the attention of all nine Councillors, numerous staff and involve over 25 emails.
2. We have previously suggested to you a tweaking of the by-law, to make exempt, trees (especially overgrown ornamentals) that are within 2 metres of a building’s foundation.
3. Finally, we recommend that tree diameter at breast height is measured using a professional approach with a tree caliper. A straight tape measure can only provide a rough estimate of diameter. In addition, photos of the measurement have to be clear (the photo of ours was too dark to see detail).
We ask that Council use its discretion and grant a permit for us to replace the old pyramid cedar. We also ask that the one replacement tree be considered sufficient to satisfy the by-law, given that we have already planted several trees in our ravine since May 2019.
Lord Mayor Betty Disero thanked Mike and Judy Fox for their comments.
Council proceeded to discuss the details of the tree appeal.
Moved by Councillor Gary Burroughs, seconded by Councillor Wendy Cheropita that Council direct staff to issue a tree permit for 6 Balmoral Drive.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
-resolution #3, APPROVED.
(2) 16 Lucia Court - Eric Courville & Marie-Claude Prefontaine
The Clerk will advised that notice was given on August 12, 2020 to all interested parties.
The following information is being provided to Council Members as per the Town's Tree By-law Appeal procedure.
1. A copy of the Notice of Appeal
2. The complete record before the hearing of the Inspector
3. A copy of the Notice of Appeal Hearing
WITNESSES TO BE HEARD IN THE FOLLOWING ORDER:
The Clerk will advise that notice was given on August 12, 2020 to all interested parties.
All individuals giving evidence before Council on the appeal hearing shall testify under an oath or solemn affirmation.
Statement read:
Do you affirm that the evidence to be given by you in regard to the matters in question between the parties to this proceeding shall be the truth, the whole truth, and nothing but the truth.
1. Town staff, and/or any other witness retained by the Town, shall give evidence as to the position of the Town concerning the tree appeal, upon completion, those individuals who gave evidence on behalf of the Town shall be subject to questioning by Council and the Appellant.
At this time Rolf Wiens, Chief Building Official and Erin Dean, Municipal Law Enforcement Officer & Property Standards Officer summarized the staff findings to Council for the Tree Removal Application AP-2020-256 16 Lucia Court regarding landscaping for a pool installation. Staff advised their inspection on July 27, 2020 was inconclusive, therefore, at this time they were unable to issue a permit for the destruction the Dawn Redwood. The owner was advised that Section 13 of the Private property Tree Protection By-law 5139-19 states, in part: If an inspector refuses to issue a Permit the applicant may appeal the decision. The applicant was advised of the appeal process.
Staff answered questions of Council and Lord Mayor Betty Disero thanked them for coming forward.
2. Any Interested Parties against the tree appeal shall present evidence, and upon completion shall be subject to questioning by Council and the Appellant.
No one came forward to speak.
3. Any Interested Parties in favour of the tree appeal shall present evidence, and upon completion shall be subject to questioning by Council and the Appellant.
No one came forward to speak.
4. The Appellant shall present their evidence, and may call witness(es) in support of their position, and upon completed those who spoke shall be subject to questioning by Council.
Eric Courville thanked staff for their help and participation throughout the process and referred to and electronic presentation highlighting:
About Us; Situation; Dawn Redwood; Problem #1; Problem# 2; Problem #3; Proposal; Benefits to the City; and Residential Projects NOTL.
Eric Courville answered questions of Council and Lord Mayor Betty Disero thanked him for coming forward.
Council proceeded to discuss the details of the tree appeal.
Moved by Councillor Sandra O'Connor, seconded by Councillor Al Bisback that Council direct staff to issue the permit for 16 Lucia Court on the condition of ownership and that six trees be replanted in its place.
-resolution #4, APPROVED.
CLOSED SESSION - 5 p.m.
- Closed meeting under Section 239(2)(d) labour relations or employee negotiations, specifically dealing with facility closures; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with 144 - 176 John Street East; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with quarterly legal update; and
- Section 239(2)(h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them.
- 239 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically relating to lease negotiations.
At 5:00 p.m. the following motion was read in open session:
Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault, that Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Closed meeting under Section 239(2)(d) labour relations or employee negotiations, specifically dealing with facility closures; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with 144 - 176 John Street East; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with quarterly legal update; and
- Section 239(2)(h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; and
- 239 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically relating to lease negotiations.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
-resolution #5, APPROVED.
At 6:55 p.m. the following motion was read in open session:
Moved by Councillor Clare Cameron, seconded by Councillor John Wiens that Council rise from closed session to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239(2)(h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them with the following:
THAT leave be given to introduce By-law No. 5261-20 being a by-law to authorize to the Lord Mayor and Town Clerk to sign any and all necessary documents pertaining to the Community Economic Development and Diversification Contribution Agreement between The Corporation of the Town of Niagara-on-the-Lake and her Majesty the Queen in Right of Canada as represented by the Ministry responsible for Federal Economic Development Agency for Southern Ontario and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
- resolution #6, APPROVED.
Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback, seconded by Councillor Al Bisback that Council rise from the closed session to consider matters that qualify under the Municipal Act 2001, as amended:
- Closed meeting under Section 239(2)(d) labour relations or employee negotiations, specifically dealing with facility closures; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with 144 - 176 John Street East; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with quarterly legal update; and
- 239 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically pertaining to lease negotiations with no report.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
-resolution #7, APPROVED.
CONDOLENCES
LIZ HAWLEY
Moved by Councillor John Wiens, seconded by Councillor Gary Burroughs
Whereas Liz Hawley was a driving force behind many important outreach projects and community building initiatives in the Town of Niagara-on-the-Lake,
And whereas Liz Hawley was a kind, genuine and passionate member of the Niagara-on-the-Lake community, well-known for her strong sense of faith and commitment to serving others,
And whereas many have benefitted from her dedication and the multitudes of her contributions and the positive impact of her selflessness is evident throughout the Town,
Therefore be it resolved that Council send condolences on behalf of the Town of Niagara-on-the-Lake to the Hawley family in memory of Liz.
-resolution #8, APPROVED.
JOHN SKUBEL
Moved by Councillor Erwin Wiens, seconded by Councillor John Wiens
WHEREAS John Skubel was a lifelong resident of the Town of Niagara-on-the-Lake, a member of the Lions Club for 44 years, a member of the Legion for 42 years, a volunteer member of the Virgil Firefighters Association for 30 years, and a member of the Ontario and Canada Games Lacrosse Championship Team representing Niagara-on-the-Lake,
AND whereas John Skubel was a 45-year employee of Niagara Fruit and Vegetable and loved Niagara orchards and a well-known member of the agricultural community,
AND whereas he organized and ran the Christmas tree sales for 41 years in Virgil and was a finalist for the 1999 Niagara-on-the-Lake Citizen of the Year Award and a recipient of the Melvin Jones Award, which is the highest award in Lions International,
THEREFORE be it resolved that Council send condolences on behalf of the Town of Niagara-on-the-Lake to the Skubel family in memory of John.
-resolution #9, APPROVED.
Council observed a moment of silence in memory of Liz Hawley and John Skubel.
COVID-19 UPDATE
Councillor Gary Burroughs provided an update with respect to the Ambassador Programme; and staff answered questions of Council.
NEXT COMMITTEE OF THE WHOLE AND COUNCIL MEETING DATES
(1) Committee of the Whole - Planning Meeting - September 14, 2020
(2) Committee of the Whole - General Meeting - September 21, 2020
(3) Council Meeting - September 28, 2020
Due to the declared state of emergency, meeting dates and times are subject to change. For more detailed information, please visit the Town's website at www.notl.org
MINUTES
(1) Special Council Minutes - July 16, 2020; Special Council Minutes - July 20, 2020; Council Minutes - July 20, 2020; and Special Council Minutes - July 24, 2020
Moved by Councillor Norm Arsenault, seconded by Councillor Sandra O'Connor That the minutes of the Special Council Meeting held July 16, 2020, Special Council Meeting held July 20, 2020, Council Minutes of July 20, 2020 and Special Council Minutes of July 24, 2020 be adopted.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution # 10, APPROVED.
DELEGATIONS
Non-Agenda Delegation
(1) Caitlin Wooll, 69 Queenston Street - Willowbank By-law 4117-07
Councillor Clare Cameron declared a conflict of interest with the non-delegation item with respect to Willowbank By-law 4117-07 as she has provided consulting services to the organization.
Caitlin Wool stated that Willowbank received a notification of violation of By-law 4114-07 section 3.1 (C) "grass or weeds over 20cm, directed specifically at the grassland habitat or meadow, and requested an exemption from the by-law. Ms. Wool explained the signage on the gate identifying the meadow and instructions to visitors. Ms. Caitlin noted a restoration ecologist surveyed the meadow and provided a summary of findings of significant grasslands habitat. In closing, Ms. Wool requested Willowbank be exempted By-law 4114-07.
Caitlin Wool answered questions of Council and Lord Mayor Betty Disero thanked her attending.
Agenda Delegation
(2) John Willey 244-246 Niven Road Zoning By-law Amendment
John Willey stated he was present to answer any questions related to 244-246 Niven Road, Report CDS-20-021.
(3) Tony Visca - CS-20-020 Pedal Pub Request - Revised Route for 2020
Tony Visca stated he was present to speak to the revised routefor 2020. Mr. Visca noted he was prepared to review the Queen Street route, which mitigates safety and noise, and encouraged staff to approve the report to finish the tourist the season. The General Manager highlighted the new route "Queen Street Experience" and advised that safety and noise has been addressed.
The presenters answered questions of Council and Lord Mayor Betty Disero thanked for attending.
(4) Marion Hassebroek - 963 Queenston Road
Marion Hassebroek stated she was present to speak to Report CDS-20-025 By-law 500XJ(1)-20 and the relocation of the driveway before a final decision is made on 963 Queenston Road. Ms. Hassebroek spoke to concerns with the driveway, site plan and incidents with patrons and vehicles on the property. Ms. Hassebroek further spoke to the April 11, 2019 Licence Appeal Tribunal. In closing, Ms. Hassebroek stated that approval should not be given and the holding provision should not be lifted without the addition of a Concession 6 Road driveway, and the Queenston Road driveway be used for emergency and service purposes only.
Marion Hassebroek answered questions of Council and Lord Mayor Betty Disero thanked her for attending.
(5) Steven O'Melia - 963 Queenston Road
Steven O'Melia was present on behalf of Queenston Mile Vineyard and spoke to Council's site plan authority, provisions of Council's holding by-law and alternate driveway access and planning difficulties. Mr. O'Melia asked Council to adopt the recommendations in Report CDS-20-024 to approve the site plan agreement and the lifting of the holding designation subject to the conditions Council approved two weeks ago. In closing, Mr. O'Melia stated his concerns with further conditions being imposed at this time.
Steven O'Melia answered questions of Council and Lord Mayor Betty Disero thanked him for attending.
(6) Tom Richardson - 963 Queenston Road
Tom Richardson spoke to his submission on August 10, 2020 requesting that the Committee of the Whole not approve the site plan and not remove the holding symbol until the following steps have be taken: the commercial kitchen equipment condensers and ventilation equipment have been removed from the site; a visual barrier has been installed on the second floor balcony as if faces residential properties; the entrances be relocated to Concession 6 Road and the Queenston Road has been gated for service use only; the by-law has been amended to prohibit any outdoor activity; and that Council have the owners establish to the satisfaction of Council that this is a legitmate winery. In closing Mr. Richardson responded to correspondence from Steven O'Melia.
Tom Richardson answered questions of Council and Lord Mayor Betty Disero thanked him for attending.
(7) Tom Richardson - Noise By-law Motion July 10, 2020 COTW Planning Minutes
Tom Richardson spoke to his letter of August 21, 2020, on behalf of his clients, with respect to a proposed noise by-law for the Town of Niagara-on-the-Lake; and the news release dated August 11th indicating that Town Council, at the August 10th Committee of the Whole Planning meeting, directed staff to halt pursuit of the draft noise by-law. Mr. Richardson stated that Council should continue to pursue the creation of a new by-law to prohibit and regulate noise in the Town, and further made reference to Noise By-law 4588-12. On behalf of his client, Mr. Richardson requested Council to initiate a new investigation as to appropriate regulation of noise in the Town in order to bring into effect an enforceable by-law, which offers protection to citizens.
Tom Richardson answered questions of Council and Lord Mayor Betty Disero thank him for attending.
(8) Tom Richardson - Limited Distilling AGCO Request
Tom Richardson spoke to Limited Distilling located in the Virgil Business Park and provided an overview of the business. Mr. Richardson referred to the motion before Council which would permit serving mixed drinks. Currently only products they make for tasting purposes can be served, and they would like to demonstrate to persons in the tasting room that mixed drinks can be made with their products, which the customer could then purchase to create a cocktail. In closing, Mr. Richardson stated this is not a bar and requested Council to support this young business to grow.
Lord Mayor Betty Disero thanked Tom Richardson for attending.
(9) Jenna Miles - Limited Distilling AGCO Request
Jenna Miles thanked Council for the opportunity to speak in regard to the request for a resolution in support of their by-the-glass AGCO application. Ms. Miles provided background information about Limited Distilling and current production of unique high quality spirits, with tradition methods, and growing of local ingredients. Ms. Miles noted the retail store is in the Virgil Business Park and has just received approval that products will be listed in the LCBO. In closing, Ms. Miles stated they are seeking the AGCO licence to allow cocktails as part of their tasting options. Ms. Miles noted they do not intend to operate as a bar but instead create an environment more similar to a wine tasting experience with a focus on education and products offered with in the shop.
Jenna Miles answered questions of Council and Lord Mayor Betty Disero thanked her for attending.
(10) Brian Marshall - 8.7 MHC-20-016 - 240 Centre Street
Brian Marshall stated he was present to inform Council on the project to preserve, restore and rehabilitate the home at 240 Centre Street after five decades. Mr. Marshall referred to a presentation and highlighted the following:
- 240 Centre Street - Saving An Irreplaceable Piece of Niagara-on-the-Lake's Heritage
- Select Highlights from the 1800's
- Architectural Importance
- Current Condition
- Methodology
- Endorsing Heritage Committee Recommendation
- Petition for Town Council Inclusion
- Stairway/Landing Detail
Brian Marshal answered question of Council and Lord Mayor Betty Disero thanked him for attending.
RESPONSE TO DELEGATIONS FROM COUNCIL
COMMITTEE REPORTS
(1) Committee of the Whole - Planning Minutes - August 10, 2020
(a) Report CDS-20-024 SP-01-2020 Site Plan Approval ZBA-03-2020 Zoning By-law Amendment (Removing of Holding Symbol) Proposed Queenston Mile Estate Winery - 963 Queenston Road
Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that the recommendations contained in Report CDS-20-024 be amended to include the following:
(h) that the applicant consults with the Niagara Peninsula Authority and Town staff to achieve construction of a single lane, one way entrance from Concession 6 Road, constructed of gravel, and continue to use the Queenston Road entrance for service and heavy/commercial vehicles only, and as an exit for private vehicles.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | | X |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | | X |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | | X |
| JOHN WIENS | | X |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 5 | 4 |
(i) Regular dust suppressant be applied to the Queenston Road entrance and exit.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | | X |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | | X |
| JOHN WIENS | | X |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 6 | 3 |
(b) Report File No. ZBA-05-2020 - 822 Concession 1 Road Application for Zoning By-law Amendment
Councillor Erwin Wiens perviously declared a conflict of interest with Community & Development Services Report CDS-20-022 - 822 Concession 1 Road, as he owns the property. Councillor Wiens did not take part in any discussion or vote on this item.
Moved by Councillor Norm Arsenault, seconded by Councillor Wendy Cheropita, that Report CDS-20-022 - 822 Concession 1 Road Application for Zoning By-law Amendment be lifted and voted on separately.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | conflict | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 0 |
(c) CDS-20-026 Niagara Region - Glendale District Plan
Councillor Gary Burroughs lifted Report CDS-20-026 Niagara Region - Glendale District Plan and commented on there being no financial considerations about taxation and the Town's share of taxation at this stage in the plan, and that financial considerations continue to be made.
Moved by Councillor Al Bisback, seconded by Councillor John Wiens, that the August 10, 2020 COTW - Planning Minutes be approved.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
-resolution #11, APPROVED, AS AMENDED.
(2) Committee of the Whole - General Minutes - August 17, 2020
Moved by Councillor Sandra O'Connor, seconded by Councillor John Wiens that the August 17, 2020 COTW - General Minutes be approved
-resolution #12, APPROVED.
(3) CS-20-020 Pedal Pub Request - Revised Route for 2020
Moved by CouncillorAl Bisback, seconded by Councillor Norm Arsenault that the recommendations contained in CS-20-2020 be approved:
1.1 Council support the proposed route, attached as Appendix II, to be used by the Pedal Pub operator following the expiration of the existing license until December 31, 2020; and
1.2 staff be directed to forward the decision of Council to the Regional Municipality of Niagara.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
-resolution #13, APPROVED.
(4) OPS-20-023 On-Demand Transit - Pilot Program Authorization
Moved by Councillor Norm Arsenault, seconded by Councillor Wendy Cheropita that the recommendations contained in OPS-20-023 be approved:
1.1 Council approve Option 1 (Two (2) vehicles) for consideration by the Region of Niagara to amend it's master terms agreement with Via Mobility LLC for the deployment of a turnkey, on-demand transit service to include the service area of Niagara-on-the-Lake and the integration and alignment of the Niagara-on-the-Lake service into the Niagara Regional Transit (NRT) OnDemand mobile application for a period of up to one (1) year with an option to extend for an additional one (1) year based on the Region of Niagara's agreement and preferred pricing at an estimated total cost of $564,791.
1.2 That the Town of Niagara-on-the-Lake request the Region of Niagara to submit a service order to Via Mobility LLC to amend its master terms agreement for the deployment of a turnkey, on-demand transit service to include the service area of Niagara-on-the-Lake and the integration and alignment of the Niagara-on-the-Lake service into the Niagara Regional Transit (NRT) OnDemand mobile application.
1.3 That the Lord Mayor and Town Clerk be authorized to execute an agreement and/or a memorandum of understanding with the Region of Niagara for the services of contract administration by the Region of Niagara to include Niagara-on-the-Lake as part of the Niagara Regional Transit (NRT) on-demand transit service.
Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback the recommendations in report OPS-20-023 be amended to include the following:
1.4 That staff that staff be directed to review the possibility of moving to Option 2 (four vehicles), subject to funding from the Region and the Town (as part of the 2021 budget deliberations).
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED.
Moved by Councillor Norm Arsenault, seconded by Councillor Wendy Cheropita That the recommendations contained in OPS-20-023 be amended as follows:
1.1 Council approve Option 1 (Two (2) vehicles) for consideration by the Region of Niagara to amend it's master terms agreement with Via Mobility LLC for the deployment of a turnkey, on-demand transit service to include the service area of Niagara-on-the-Lake and the integration and alignment of the Niagara-on-the-Lake service into the Niagara Regional Transit (NRT) OnDemand mobile application for a period of up to one (1) year with an option to extend for an additional one (1) year based on the Region of Niagara's agreement and preferred pricing at an estimated total cost of $564,791.
1.2 That the Town of Niagara-on-the-Lake request the Region of Niagara to submit a service order to Via Mobility LLC to amend its master terms agreement for the deployment of a turnkey, on-demand transit service to include the service area of Niagara-on-the-Lake and the integration and alignment of the Niagara-on-the-Lake service into the Niagara Regional Transit (NRT) OnDemand mobile application.
1.3 That the Lord Mayor and Town Clerk be authorized to execute an agreement and/or a memorandum of understanding with the Region of Niagara for the services of contract administration by the Region of Niagara to include Niagara-on-the-Lake as part of the Niagara Regional Transit (NRT) on-demand transit service.
1.4 that staff be directed to review the possibility of moving to Option 2 (four vehicles), subject to funding from the Region and the Town (as part of the 2021 budget deliberations).
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
-resolution #14, APPROVED, AS AMENDED.
(5) Municipal Heritage Committee Minutes - July 14, 2020
Moved by Councillor Wendy Cheropita, seconded by Councillor Clare Cameron that the July 14, 2020 Municipal Heritage Committee Minutes be approved.
-resolution #15, APPROVED.
(6) Municipal Heritage Committee Minutes - August 11, 2020
Moved by Councillor Al Bisback, seconded by Councillor John Wiens that the August 11, 2020 Municipal Heritage Committee Minutes be approved.
Moved by Councillor Al Bisback, seconded by Councillor Gary Burroughs that Report MHC-20-007A with regard to 240 Centre Street be amended to accept the front stairway and landing as presented and approved by staff.
Moved by Councillor Al Bisback, seconded by Councillor John Wiens that the August 11, 2020 Municipal Heritage Committee Minutes be approved.
-resolution #16, APPROVED, AS AMENDED.
(7) Audit Committee Meeting Minutes - August 18, 2020
Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault that the August 18, 2020 Audit Committee Minutes be approved.
Moved by Councillor Al Bisback, seconded by Councillor John Wiens that Councillor Sandra O'Connor be added to the Audit Committee.
Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault that the August 18, 2020 Audit Committee Minutes be approved.
-resolution #17, APPROVED, AS AMENDED.
Moved by Councillor Gary Burroughs, seconded by Councillor Norm Arsenault that the Council meeting be extended to 11:00 p.m.
(8) Hospital Site Steering Committee - August 20, 2020
Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that the August 20, 2020 Hospital Site Steering Committee Minutes be approved.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #18, APPROVED.
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)
By-laws 500XJ(1)-20 and 5260-20- were deferred to continuation of the Council meeting on August 25, 2020.
500XJ(1)-20- A by-law pursuant to section 34 of the Ontario Planning Act to amend By-law 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 (963 Queenston Road)
5260-20- being a by-law to authorize a site plan agreement between The Corporation of the Town of Niagara-on-the-Lake and 1314102 Ontario Ltd. (963 Queenston Road)
Moved by Councillor Norm Arsenault, seconded by Councillor John Wiens that leave be given to introduce By-laws 500XJ(1)-20 and 5260-20 and that the same be read a first, second and third time and passes any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | | X |
| GARY BURROUGHS | | X |
| CLARE CAMERON | | X |
| WENDY CHEROPITA | | X |
| SANDRA O'CONNOR | | X |
| ERWIN WIENS absent | | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 3 | 5 |
-resolution #19, DEFEATED.
500XQ-20- A by-law pursuant to section 34 of the Ontario Planning Act to amend By-law 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 (822 Concession 1 Road)
Councillor Erwin Wiens perviously declared a conflict of interest with Report CDS-20-022 - 822 Concession 1 Road, as he owns the property. Councillor Wiens did not take part in any discussion or vote on any readings of this by-law.
Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 500XQ-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | conflict | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 0 |
-resolution #20, APPROVED.
500XO-20- A by-law pursuant to section 34 of the Ontario Planning Act to amend By-law 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 (1074 line 7 Road)
Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 500XO-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #21, APPROVED.
500XR-20- A by-law pursuant to section 34 of the Ontario Planning Act to amend By-law 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 (244-246 Niven Road)
Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 500XR-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #22, APPROVED.
4097C-20- A by-law to amend By-law 4097-06 being a by-law to authorize a subdivision agreement between The Corporation of the Town of Niagara-on-the-Lake and Queenston Golf Club Limited and The Settlement (Glockner) Property Inc., and Meridian Credit Union Limited and 1473944 Ontario Limited (The Settlement at St. Davids)
Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 4097C-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #23, APPROVED.
4308AF-20- A by-law to amend By-law 4308-09, as amended, being a by-law regulating traffic and parking on Town roads; and to amend the following schedule: “Schedule W – Speed Limits on Highways”
Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 4308AF-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | X |
| TOTALS | 9 | 0 |
-resolution #24, APPROVED.
Moved by Councillor Gary Burroughs, seconded by Councillor John Wiens that the Council meeting August 25, 2020 be extended to 11:00 p.m.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | | X |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 1 |
By-law 4316DT-20 was deferred to continuation of the Council meeting on August 25, 2020.
4316DT-20- 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 (61 Melville Street & 85 Melville Street)
Moved by Councillor Wendy Cheropita, seconded by Councillor John Wiens that leave be given to introduce By-law 4316DT-20 and that the same be read a first, second and third time and passes any ruling of this Council to the contrary notwithstanding.
Moved by Councillor Sandra O'Connor, seconded by Councillor Gary Burroughs
BE IT RESOLVED that Council approve a definition of Hotel for 61 Melville Street, which excludes outdoor commercial entertainment facilities and outdoor commercial recreations facilities; and
AND FURTHER that staff reword the by-law to amend By-law No. 4316-09 to reflect this decision.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | | X |
| ALLAN BISBACK | | X |
| GARY BURROUGHS | X | |
| CLARE CAMERON | | X |
| WENDY CHEROPITA | | X |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | | X |
| JOHN WIENS | | X |
| LORD MAYOR BETTY DISERO | | X |
TOTALS | 2 | 7 |
DEFEATED.
Moved by Councillor Clare Cameron, seconded by Councillor Erwin Wiens that leave be given to introduce By-law 4316DT-20 and that the same be read a first, second and third time and passes any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | | X |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 8 | 1 |
-resolution #25, APPROVED.
5125C-20- A by-law to amend By-law 5125-19 being a by-law entitled Procedure By-law of The Corporation of the Town of Niagara-on-the-Lake (Emergency Electronic Meetings)
Moved by Councillor Wendy Cheropita, seconded by Councillor Norm Arsenault that leave be given to introduce By-law 5125C-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #26, APPROVED.
5257-20- A by-law to adopt certain lands as part of The Corporation of the Town of Niagara-on-the-Lake Road System and to form part of Read Road
Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 5257-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
-resolution #27, APPROVED.
5258-20- A by-law to authorize a services agreement between The Corporation of the Town of Niagara-on-the-Lake and Honk Mobile Inc. (Parking Payment by Mobile Devices)
Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 5258-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
-resolution #28, APPROVED.
5259-20- A by-law to authorize the issuance of a debenture to finance the balance of acquisition costs for Fire Apparatus in the Town of Niagara-on-the-Lake
Moved by Councillor John Wiens, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 5259-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
-resolution #29, APPROVED.
BY-LAWS RECEIVED THREE READINGS.
Council Recessed the August 24, 2020 meeting at 11:00 PM
and
Reconvened on August 25, 2020 at 5:30 PM
Lord Mayor Betty Disero called the meeting to order at 5:32 p.m.
PRESENT:
Lord Mayor Betty Disero, Councillors: Norm Arsenault, Al Bisback, Gary Burroughs, Erwin Wiens, John Wiens, Sandra O'Connor, Clare Cameron, Wendy Cheropita
OTHERS:
Terrence Hill, Daniel and Partners LLP
Councillor Clare Cameron assumed the Chair at this time.
CONDOLENCES
DENNIS DICK
Moved by Lord Mayor Betty Disero, seconded by Councillor Erwin Wiens
Whereas Dennis Dick was a former Town employee, a Volunteer Firefighter at the Virgil Fire Station for 15 years, and a Town Councillor for 23 years, where he sat on the Library Board, the Niagara-on-the-Lake Chamber of Commerce Board, and the Niagara Peninsula Conservation Authority Board,
And whereas Dennis Dick continued to serve the community following his term on Council, sitting on the Town’s Committee of Adjustment, Agricultural Committee, and Niagara-on-the-Lake Santa Claus Parade Committee,
And whereas he was a dedicated volunteer and a beloved and passionate member of the Niagara-on-the-Lake community.
Therefore be it resolved that Council send condolences on behalf of the Town of Niagara-on-the-Lake to the Dick family in memory of Dennis.
Council observed a moment of silence in memory of Dennis Dick.
-resolution #30, APPROVED.
Lord Mayor Betty Disero resumed the Chair at this time.
CLOSED SESSION
At 5:39 p.m. the following motion was read in open session:
Moved by Councillor Gary Burroughs, seconded by Councillor Norm Arsenault that That Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically relating to Caleche operations.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #31, APPROVED.
- At 7:19 p.m. the following motion was read in open session:
Moved by Councillor Al Bisback, seconded by Councillor John Wiens that
Council rise from closed session to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically relating to Caleche operations with no report.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #32, APPROVED.
CORRESPONDENCE AND MOTIONS
1. The following resolution(s) be adopted:
(a) Tourism Strategy
Councillor Clare Cameron assumed the Chair at this time.
Moved by Councillor Al Bisback, seconded by Councillor Sandra O'Connor
WHEREAS the newly established Town Strategic Plan holds Tourism as a major pillar for Economic Development for the Town of Niagara on the Lake and has identified the development of a tourism strategy as key tool to achieve multiple objectives of the plan;
AND WHEREAS the Town of Niagara-on-the-Lake is a mature Tourist Destination.
THEREFORE BE IT RESOLVED that Council direct staff to facilitate the issuance of a Request for Proposal to procure the services of a firm to develop a long term Tourism strategy for the Town;
AND FURTHER that the funds required to develop and complete the Request for Proposal, including the use of a consultant, be funded from the Ontario Modernization Grant.
Councillor Al Bisback assumed the Chair at this time.
Moved by Councillor Al Bisback, seconded by Councillor Sandra O'Connor that the motion be amended as follows:
WHEREAS the newly established Town Strategic Plan holds Tourism as a major pillar for Economic Development for the Town of Niagara on the Lake and has identified the development of a tourism strategy as key tool to achieve multiple objectives of the plan;
AND WHEREAS the Town of Niagara-on-the-Lake is a mature Tourist Destination;
THEREFORE BE IT RESOLVED that Council direct staff to facilitate the issuance of a Request for Proposal to procure the services of a firm to develop a long term Tourism strategy for the Town;
AND FURTHER that the funds required to develop and complete the Request for Proposal, including the use of a consultant, be funded from the 2020 Operating Budget, Corporate Studies Reserve for phase 1;
AND FURTHER that phase 2 be considered as part of the 2021 budget deliberations.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #33, APPROVED, AS AMENDED.
Lord Mayor Betty Disero resumed the Chair at this time.
(b) Virgil Skate Park
Moved by Councillor Cameron, seconded by Councillor Gary Burroughs
WHEREAS the Virgil Skate Park project received initial budget approval in early 2018, and additional budget approval from Council in 2020;
AND WHEREAS this project includes a significant investment from the Virgil Business Association, who do great work in the Niagara-on-the-Lake community and were given the opportunity to provide input on location of the Skate Park;
AND WHEREAS public consultation on this project, including location, occurred through an Open House and the Town’s Join the Conversation application;
AND WHEREAS contract initiation and vendor selection was approved by Council in 2020;
AND WHEREAS construction of the Skate Park has advanced significantly this year, and is nearing completion;
AND WHEREAS resident concerns have recently been raised regarding the location of the Skate Park, how this location was chosen, potential impact on nearby residences and surrounding recreational infrastructure;
AND WHEREAS Council was not provided an opportunity to consider formal options or recommendations on the location of the Skate Park in a staff report or as part of the 2020 budget submission, and did not receive an analysis of public feedback on location with the benefit of perspective and expertise from staff in a formal report, before contract approval and initiation of construction was approved;
AND WHEREAS Council has a duty to represent the concerns of residents, and ensure that public funds are invested effectively, including the creation of new recreational infrastructure, and wishes to consider and deliberate publicly on any potential community impacts that may be related to the location of Town facilities and structures;
AND WHEREAS Council’s direct and formal participation in decision-making regarding the location of any new recreational or other Town facilities would be very beneficial in fulfilling this interest.
THEREFORE BE IT RESOLVED THAT:
1. Following completion of Virgil Skate Park construction, staff meet with nearby residents for a discussion and to hear feedback about this project, and send a written invitation to this meeting for all residents living in the immediate area, and share a summary of feedback and suggested outcomes with Council for information;
2. Staff prepare a 2021 Capital Budget submission to add landscaping and buffering features to the structure, such as a surrounding berm and tree plantings along the South-East side, to delineate the Skate Park from nearby recreational facilities and in direct response to any public input received following current project completion;
3. Future projects to construct new Town facilities and structures, expand existing facilities or make a significant change in use for existing Town facilities, where location is an issue and alternative or new locations are under consideration, be brought to Council's attention with formal report or highlighted in initial budget submissions for consideration by Council as early as possible in the project planning process, and that Council be formally engaged on matters related to facility location through staff reports, budget submissions and information items.
Moved by Councillor Clare Cameron, seconded by Councillor Al Bisback that the motion be amended as follows:
1. That Council supports, following completion of Virgil Skate Park construction, staff meet with nearby residents for a discussion and to hear feedback about this project, and send a written invitation to this meeting for all residents living in the immediate area, and share a summary of feedback and suggested outcomes with Council for information, if deemed necessary by staff;
2. That Council supports a 2021 Capital Budget submission to add landscaping and buffering features to the structure, such as a surrounding berm and tree plantings along the South-East side, to delineate the Skate Park from nearby recreational facilities and in direct response to any public input received following current project completion, if deemed necessary by staff;
3. Future projects to construct new Town facilities and structures, expand existing facilities or make a significant change in use for existing Town facilities, where alternative or new locations are under consideration, be brought to Council's attention with formal report or highlighted in initial budget submissions for consideration by Council.
Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback that item 3. be referred to staff to review the process they follow with respect to future projects to construct new Town facilities.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | | X |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 1 |
APPROVED.
Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback
1. That Council supports, following completion of Virgil Skate Park construction, staff meet with nearby residents for a discussion and to hear feedback about this project, and send a written invitation to this meeting for all residents living in the immediate area, and share a summary of feedback and suggested outcomes with Council for information, if deemed necessary by staff;
2. That Council supports a 2021 Capital Budget submission to add landscaping and buffering features to the structure, such as a surrounding berm and tree plantings along the South-East side, to delineate the Skate Park from nearby recreational facilities and in direct response to any public input received following current project completion, if deemed necessary by staff.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #34, APPROVED, AS AMENDED.
(c) 61 & 85 Melville Street
Moved by Councillor Gary Burroughs, seconded by Councillor Sandra O'Connor
WHEREAS Council passed Bylaw 4316DT-20, to rezone the properties from “Old Town Community Zoning District – Established Residential (ER3) Zone” to “Marine Commercial (MC-19) – Site Specific Zone” for 85 Melville Street and “Marine Commercial (MC) Zone” for 61 Melville Street;
AND WHEREAS neighbouring residents do not have the opportunity to participate in “Site Plan Approval” applications;
AND WHEREAS the definition for “Marine Commercial” as reflected in the new Official Plan, allows for many more opportunities for uses on the site.
THEREFORE BE IT RESOLVED that Staff be directed to circulate notice of any application for potential future “Site Plan Approval” submitted for the development of 61 and 85 Melville Street during this term of Council to all assessed landowners within 120 meters, in order that they may submit comments for Staff and Council consideration.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #35, APPROVED.
(d) Environmental Advisory Committee &
NOTL Public Library Board Appointments
Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs
WHEREAS Council approved the appointment of an Environmental Advisory Committee June 20, 2020;
AND WHEREAS the Niagara-on-the-Lake Public Library Board has asked Council to fill the two vacancies currently on their board;
AND WHEREAS applications for these positions were reviewed by the ad-hoc selection committee for these positions;
AND WHEREAS following the resignation of Stuart McCormack, there are a number of vacancies required to be filled on various committees.
THEREFORE BE IT RESOLVED that the selection committee recommend Council appointment of the following members to the Environmental Advisory Committee:
Environmental Advisory Committee
- Dylan Wiens
- Marco Brunato
- Christine Earl
- Joseph Longmore
- William Roberts
- Paul Jurbala (Wellness Committee Representative)
- Councillor Norm Arsenault
- Councillor Gary Burroughs
- Councillor Sandra O’Connor
AND FURTHER that the terms of reference be amended to reflect the increase of Council members and decrease of citizen membership;
AND FURTHER that selection Committee recommend Council appoint the following members to the Niagara-on-the-Lake Public Library Board:
Niagara-on-the-Lake Public Library Board:
- Stuart McCormack
- Councillor Wendy Cheropita
AND FURTHER that Councillor Sandra O’Connor replace Lord Mayor Betty Disero as a member on the Community Wellness Committee;
AND FURTHER Councillor Sandra O’Connor replace Councillor Wendy Cheropita as a member on the Agricultural Advisory Committee.
Environmental Advisory Committee
Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs that the citizens appointments be referred to the Environment Committee to consider the appointment of a youth component; and that Councillors Norm Arsenault, Gary Burroughs and Sandra O'Connor be appointed.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
Niagara-on-the-Lake Public Library Board
Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault that the library appointments be referred to the Library Board.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #36, APPROVED, AS AMENDED.
(e) Limited Distilling Corporation AGCO Application
(Deferred from July 20, 2020 Council Meeting)
Moved by Councillor Al Bisback, seconded by Councillor John Wiens
WHEREAS Staff received a letter, included below, from Limited Distilling Corporation (14 Henegan Road) to request support of their application to the Alcohol and Gaming Commission of Ontario (AGCO) for a Manufacture’s Limited Liquor Sales License Council, as required by the AGCO.
AND WHEREAS this request was circulated to all departments on June 29, 2020 and no objections were made.
THEREFORE BE IT RESOLVED that The Council of the Town of Niagara-on-the-Lake supports the application by Limited Distilling Corporation, seeking a Manufacturer's Limited Liquor Sales Licence to permit the sale of single servings of alcohol at its distillery located at lands !mown municipally as 14 Henegan Road, Niagara-on-the-
Lake, Ontario, subject to the following restrictions:
1. Limited Distilling Corporation would only be permitted to sell and serve spirits which it has manufactured;
2. Spirits may only be sold and served between 9:00a.m. and 10:00 p.m. on any day;
3. Spirits may only be sold and served in areas approved under the Licence that are on or immediately adjacent to the Manufacturing Site and under the sole control of Limited Distilling Corporation; and
4. Guests are only permitted to carry and consume spirits on the Manufacturing Site in area that are under the sole control of Limited Distilling Corporation and approved under the Licence.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | absent | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 0 |
-resolution #37, APPROVED.
(f) Commercial Tax Refund
Moved by Councillor Gary Burroughs, seconded by Councillor Clare Cameron
WHEREAS tourism related businesses in the Heritage District are financially struggling to survive as a result of the COVID-19 pandemic;
AND WHEREAS property assessments and taxes in our Heritage District are some of the highest (per square foot) in Ontario;
AND WHEREAS these high taxes, in large part, are due to the high levels of tourist traffic and business that our Town has had over the years;
AND WHEREAS “Covid19” has decimated the Tourism Industry, and is unlikely to return to previous historic levels for several years.
THEREFORE BE IT RESOLVED that staff be directed to review the costs, and source of funds to be used to refund these taxes for the 2020 taxation year;
AND FURTHER that staff use 40% as the amount to be considered for the 2020 taxation year;
AND FURTHER that refunds be directed to the party that is responsible for paying property taxes under their current applicable leasing agreements;
AND FURTHER that staff review the program in consideration of the 2021 taxation year and the funds be used from the increased parking rates now in effect;
AND FURTHER that the Town form a delegation to seek approval from the Niagara Region to approve a similar 40% reduction in the Regional portion of the commercial taxes for the affected properties in the Heritage District;
AND FURTHER that staff confirm the amount of the Educational portion of tax relief, that will apply to this program.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | | X |
| ALLAN BISBACK | | X |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | | X |
| ERWIN WIENS | | X |
| JOHN WIENS | | X |
| LORD MAYOR BETTY DISERO | | X |
| TOTALS | 3 | 6 |
-resolution #38, DEFEATED.
(g) Niagara Stone Road Preliminary Design Review
Councillor Clare Cameron assumed the Chair at this time.
Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs
WHEREAS the proposal as identified in Report UDC-04-2020 East Side Niagara Stone Site Plan Preliminary Design Review, at 1695 Niagara Stone Road, is not in keeping with the long-term guidelines for the future development of the Niagara Stone Road Corridor as considered by the consultants MHBC in a report prepared for the Town's Council in November 2015 (the "MHBC Report"). The recommendations of the MHC Report are summarized as follows:
(a) Parking in the front yard is discouraged, off‐street parking should be located at the rear of the building where possible;
(b) Building signage that is architecturally incorporated into the building design is encouraged;
(c) Attractive ground related signage is preferred over backlit fluorescent and plastic signs;
(d) For any new restaurant uses, a setback that accommodates outdoor seating or patio areas is encouraged; and
(e) A consistent rhythm of similar architectural details and elements is encouraged to assist in the creation of a strong village image, and
Whereas the proposal is not fully in compliance with the vision and proposed street enhancements in Report to Council OPS-20-015 – Regional Street Enhancements - Niagara Stone Road (Four Mile Creek Road to Virgil Urban Boundary), which report was approved by Council on April 14, 2020 (the “Region Report”). The Region Report
identifies Niagara Stone Road within the Virgil Urban Boundary as an area with an existing streetscape that is harsh with few pedestrian comforts. The Region Report also states that there are many opportunities for private realm improvements such as landscaping, private trees, patios, seating areas and screening of private parking areas.
THEREFORE BE IT RESOLVED that, in keeping with the view that parking in the front of the building is discouraged and that outdoor seating is encouraged, Council support that the 6 parking spots at the front be eliminated and replaced with an enclosed outdoor seating area and a bike rack parking area.
AND FURTHER that evergreen hedging be planted between the trees along Niagara Stone Road similar to the hedging planted in front of Niagara Stone Road instead of grasses. Evergreen hedging will provide a buffer or screen all year round and not just the summer months.
Lord Mayor Betty Disero assumed the chair at this time.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #39, REFERRED TO URBAN DESIGN COMMITTEE.
(h) Program for Deferral of Development Charges - Industrial Lands
Moved by Councillor Wendy Cheropita, seconded by Councillor Norm Arsenault
WHEREAS economic recovery during COVID-19 has been a slow process;
AND WHEREAS all municipalities in Niagara Region are looking at ways to incentivize creation of new jobs to meet the needs of both employers and workers;
AND WHEREAS Niagara-on-the-Lake has a large amount of industrial land that has been dormant for a number of years;
THEREFORE BE IT RESOLVED that Council request staff to report back on a program that would allow for a deferral of development charges for industrial lands only that would allow the builder to pay over a 5 year period from the completion of construction;
AND FURTHER that this report would include both positive and negative Impacts of the program and ways to maintain the financial integrity of the Town.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #40, APPROVED.
2. Information Packages
(a) August 20, 2020
Item No. 17 - ARD Chambers - Integrity Commissioner - 2019 Annual Report
Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault that Council receive the August 20, 2020 Information Package.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #41, APPROVED.
NOTICE OF MOTION
Councillor Gary Burroughs gave notice of motion - Willowbank
Councillor Clare Cameron gave notice of motion - Audit Committee Name Revision
Councillor Wendy Cheropita gave notice of motion - Horse Carriages
Sandra O'Connor gave notice of motion - Tree By-law Amendment
NEW BUSINESS
Lord Mayor Betty Disero provided an update with respect to the CAO recruitment process.
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS
There were no Lord Mayor's report, announcements or remarks.
MEMBERS' ANNOUNCEMENT
There were no Members' announcements.
PROCEEDINGS BY-LAW
5262-20- A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on August 24 & 25, 2020
Moved by Councillor Gary Burroughs, seconded by Councillor John Wiens that leave be given to introduce By-law 5262-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
-resolution #42, BY-LAW, RECEIVED THREE READINGS.
RESOLUTIONS
1 Moved by Councillor Al Bisback, seconded by Councillor John Wiens that the agenda be adopted, as amended.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| VACANT | | |
| ERWIN WIENS (absent) | | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 7 | 0 |
APPROVED, AS AMENDED.
2. Moved by Councillor Gary Burroughs, seconded by Councillor Norm Arsenault that leave be given to introduce By-law 5256-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| VACANT | | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 8 | 0 |
APPROVED.
3. Moved by Councillor Gary Burroughs, seconded by Councillor Wendy Cheropita that Council direct staff to issue a tree permit for 6 Balmoral Drive.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED.
4. Moved by Councillor Sandra O'Connor, seconded by Councillor Al Bisback that Council direct staff to issue the permit for 16 Lucia Court on the condition of ownership and that six trees be replanted in its place.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | | X |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 8 | 1 |
APPROVED.
5. Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault, that Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Closed meeting under Section 239(2)(d) labour relations or employee negotiations, specifically dealing with facility closures; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with 144 - 176 John Street East; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with quarterly legal update; and
- Section 239(2)(h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; and
- 239 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically relating to lease negotiations.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED.
6. Moved by Councillor Clare Cameron, seconded by Councillor John Wiens that Council rise from closed session to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239(2)(h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them with the following:
THAT leave be given to introduce By-law No. 5261-20 being a by-law to authorize to the Lord Mayor and Town Clerk to sign any and all necessary documents pertaining to the Community Economic Development and Diversification Contribution Agreement between The Corporation of the Town of Niagara-on-the-Lake and her Majesty the Queen in Right of Canada as represented by the Ministry responsible for Federal Economic Development Agency for Southern Ontario and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
7. Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback, seconded by Councillor Al Bisback that Council rise from the closed session to consider matters that qualify under the Municipal Act 2001, as amended:
- Closed meeting under Section 239(2)(d) labour relations or employee negotiations, specifically dealing with facility closures; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with 144 - 176 John Street East; and
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, specifically dealing with quarterly legal update; and
- 239 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board, specifically pertaining to lease negotiations with no report.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED.
8. Moved by Councillor John Wiens, seconded by Councillor Gary Burroughs
Whereas Liz Hawley was a driving force behind many important outreach projects and community building initiatives in the Town of Niagara-on-the-Lake,
And whereas Liz Hawley was a kind, genuine and passionate member of the Niagara-on-the-Lake community, well-known for her strong sense of faith and commitment to serving others,
And whereas many have benefitted from her dedication and the multitudes of her contributions and the positive impact of her selflessness is evident throughout the Town,
Therefore be it resolved that Council send condolences on behalf of the Town of Niagara-on-the-Lake to the Hawley family in memory of Liz.
APPROVED.
9. Moved by Councillor Erwin Wiens, seconded by
Councillor John Wiens
WHEREAS John Skubel was a lifelong resident of the Town of Niagara-on-the-Lake, a member of the Lions Club for 44 years, a member of the Legion for 42 years, a volunteer member of the Virgil Firefighters Association for 30 years, and a member of the Ontario and Canada Games Lacrosse Championship Team representing Niagara-on-the-Lake,
AND whereas John Skubel was a 45-year employee of Niagara Fruit and Vegetable and loved Niagara orchards and a well-known member of the agricultural community,
AND whereas he organized and ran the Christmas tree sales for 41 years in Virgil and was a finalist for the 1999 Niagara-on-the-Lake Citizen of the Year Award and a recipient of the Melvin Jones Award, which is the highest award in Lions International,
THEREFORE be it resolved that Council send condolences on behalf of the Town of Niagara-on-the-Lake to the Skubel family in memory of John.
APPROVED.
10. Moved by Councillor Norm Arsenault, seconded by Councillor Sandra O'Connor That the minutes of the Special Council Meeting held July 16, 2020, Special Council Meeting held July 20, 2020, Council Minutes of July 20, 2020 and Special Council Minutes of July 24, 2020 be adopted.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
11. Moved by Councillor Al Bisback, seconded by Councillor John Wiens, that the August 10, 2020 COTW - Planning Minutes be approved.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED, AS AMENDED.
12. Moved by Councillor Sandra O'Connor, seconded by Councillor John Wiens that the August 17, 2020 COTW - General Minutes be approved
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED.
13. Moved by CouncillorAl Bisback, seconded by Councillor Norm Arsenault that the recommendations contained in CS-20-2020 be approved:
1.1 Council support the proposed route, attached as Appendix II, to be used by the Pedal Pub operator following the expiration of the existing license until December 31, 2020; and
1.2 staff be directed to forward the decision of Council to the Regional Municipality of Niagara.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED.
14. Moved by Councillor Norm Arsenault, seconded by Councillor Wendy Cheropita That the recommendations contained in OPS-20-023 be amended as follows:
1.1 Council approve Option 1 (Two (2) vehicles) for consideration by the Region of Niagara to amend it's master terms agreement with Via Mobility LLC for the deployment of a turnkey, on-demand transit service to include the service area of Niagara-on-the-Lake and the integration and alignment of the Niagara-on-the-Lake service into the Niagara Regional Transit (NRT) OnDemand mobile application for a period of up to one (1) year with an option to extend for an additional one (1) year based on the Region of Niagara's agreement and preferred pricing at an estimated total cost of $564,791.
1.2 That the Town of Niagara-on-the-Lake request the Region of Niagara to submit a service order to Via Mobility LLC to amend its master terms agreement for the deployment of a turnkey, on-demand transit service to include the service area of Niagara-on-the-Lake and the integration and alignment of the Niagara-on-the-Lake service into the Niagara Regional Transit (NRT) OnDemand mobile application.
1.3 That the Lord Mayor and Town Clerk be authorized to execute an agreement and/or a memorandum of understanding with the Region of Niagara for the services of contract administration by the Region of Niagara to include Niagara-on-the-Lake as part of the Niagara Regional Transit (NRT) on-demand transit service.
1.4 that staff be directed to review the possibility of moving to Option 2 (four vehicles), subject to funding from the Region and the Town (as part of the 2021 budget deliberations).
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED, AS AMENDED.
15. Moved by Councillor Wendy Cheropita, seconded by Councillor Clare Cameron that the July 14, 2020 Municipal Heritage Committee Minutes be approved.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
16. Moved by Councillor Al Bisback, seconded by Councillor Gary Burroughs that Report MHC-20-007A with regard to 240 Centre Street be amended to accept the front stairway and landing as presented and approved by staff.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | | X |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 0 |
APPROVED.
Moved by Councillor Al Bisback, seconded by Councillor John Wiens that the August 11, 2020 Municipal Heritage Committee Minutes be approved.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED, AS AMENDED.
17. Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault that the August 18, 2020 Audit Committee Minutes be approved.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED, AS AMENDED.
18. Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that the August 20, 2020 Hospital Site Steering Committee Minutes be approved.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
19. Moved by Councillor Norm Arsenault, seconded by Councillor John Wiens that leave be given to introduce By-laws 500XJ(1)-20 and 5260-20 and that the same be read a first, second and third time and passes any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | | X |
| GARY BURROUGHS | | X |
| CLARE CAMERON | | X |
| WENDY CHEROPITA | | X |
| SANDRA O'CONNOR | | X |
| ERWIN WIENS absent | | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 3 | 5 |
DEFEATED.
20. Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 500XQ-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | conflict | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 0 |
APPROVED.
21. Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 500XO-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
22. Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 500XR-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
23. Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 4097C-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
24. Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 4308AF-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | X |
| TOTALS | 9 | 0 |
APPROVED.
25. Moved by Councillor Sandra O'Connor, seconded by Councillor Gary
Burroughs
BE IT RESOLVED that Council approve a definition of Hotel for 61 Melville Street, which excludes outdoor commercial entertainment facilities and outdoor commercial recreations facilities; and
AND FURTHER that staff reword the by-law to amend By-law No. 4316-09 to reflect this decision.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | | X |
| ALLAN BISBACK | | X |
| GARY BURROUGHS | X | |
| CLARE CAMERON | | X |
| WENDY CHEROPITA | | X |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | | X |
| JOHN WIENS | | X |
| LORD MAYOR BETTY DISERO | | X |
TOTALS | 2 | 7 |
DEFEATED.
Moved by Councillor Clare Cameron, seconded by Councillor Erwin Wiens that leave be given to introduce By-law 4316DT-20 and that the same be read a first, second and third time and passes any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | | X |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 8 | 1 |
APPROVED.
26. Moved by Councillor Wendy Cheropita, seconded by Councillor Norm Arsenault that leave be given to introduce By-law 5125C-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
27. Moved by Councillor Gary Burroughs, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 5257-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED.
28. Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 5258-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED.
28. Moved by Councillor Norm Arsenault, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 5258-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED.
29. Moved by Councillor John Wiens, seconded by Councillor Al Bisback that leave be given to introduce By-law No. 5259-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
TOTALS | 9 | 0 |
APPROVED.
30. Moved by Lord Mayor Betty Disero, seconded by Councillor Erwin Wiens
Whereas Dennis Dick was a former Town employee, a Volunteer Firefighter at the Virgil Fire Station for 15 years, and a Town Councillor for 23 years, where he sat on the Library Board, the Niagara-on-the-Lake Chamber of Commerce Board, and the Niagara Peninsula Conservation Authority Board,
And whereas Dennis Dick continued to serve the community following his term on Council, sitting on the Town’s Committee of Adjustment, Agricultural Committee, and Niagara-on-the-Lake Santa Claus Parade Committee,
And whereas he was a dedicated volunteer and a beloved and passionate member of the Niagara-on-the-Lake community.
Therefore be it resolved that Council send condolences on behalf of the Town of Niagara-on-the-Lake to the Dick family in memory of Dennis.
APPROVED.
31. Moved by Councillor Gary Burroughs, seconded by Councillor Norm Arsenault that That Council proceed to go into a closed meeting to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically relating to Caleche operations.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
32. Moved by Councillor Al Bisback, seconded by Councillor John Wiens that
Council rise from closed session to consider matters that qualify under the Municipal Act 2001, as amended:
- Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, specifically relating to Caleche operations with no report.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
33. Moved by Councillor Al Bisback, seconded by Councillor Sandra O'Connor
WHEREAS the newly established Town Strategic Plan holds Tourism as a major pillar for Economic Development for the Town of Niagara on the Lake and has identified the development of a tourism strategy as key tool to achieve multiple objectives of the plan;
AND WHEREAS the Town of Niagara-on-the-Lake is a mature Tourist Destination.
THEREFORE BE IT RESOLVED that Council direct staff to facilitate the issuance of a Request for Proposal to procure the services of a firm to develop a long term Tourism strategy for the Town;
AND FURTHER that the funds required to develop and complete the Request for Proposal, including the use of a consultant, be funded from the Ontario Modernization Grant.
Councillor Al Bisback assumed the Chair at this time.
Moved by Councillor Al Bisback, seconded by Councillor Sandra O'Connor that the motion be amended as follows:
WHEREAS the newly established Town Strategic Plan holds Tourism as a major pillar for Economic Development for the Town of Niagara on the Lake and has identified the development of a tourism strategy as key tool to achieve multiple objectives of the plan;
AND WHEREAS the Town of Niagara-on-the-Lake is a mature Tourist Destination;
THEREFORE BE IT RESOLVED that Council direct staff to facilitate the issuance of a Request for Proposal to procure the services of a firm to develop a long term Tourism strategy for the Town;
AND FURTHER that the funds required to develop and complete the Request for Proposal, including the use of a consultant, be funded from the 2020 Operating Budget, Corporate Studies Reserve for phase 1;
AND FURTHER that phase 2 be considered as part of the 2021 budget deliberations.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED, AS AMENDED.
34. Moved by Councillor Cameron, seconded by Councillor Gary Burroughs
WHEREAS the Virgil Skate Park project received initial budget approval in early 2018, and additional budget approval from Council in 2020;
AND WHEREAS this project includes a significant investment from the Virgil Business Association, who do great work in the Niagara-on-the-Lake community and were given the opportunity to provide input on location of the Skate Park;
AND WHEREAS public consultation on this project, including location, occurred through an Open House and the Town’s Join the Conversation application;
AND WHEREAS contract initiation and vendor selection was approved by Council in 2020;
AND WHEREAS construction of the Skate Park has advanced significantly this year, and is nearing completion;
AND WHEREAS resident concerns have recently been raised regarding the location of the Skate Park, how this location was chosen, potential impact on nearby residences and surrounding recreational infrastructure;
AND WHEREAS Council was not provided an opportunity to consider formal options or recommendations on the location of the Skate Park in a staff report or as part of the 2020 budget submission, and did not receive an analysis of public feedback on location with the benefit of perspective and expertise from staff in a formal report, before contract approval and initiation of construction was approved;
AND WHEREAS Council has a duty to represent the concerns of residents, and ensure that public funds are invested effectively, including the creation of new recreational infrastructure, and wishes to consider and deliberate publicly on any potential community impacts that may be related to the location of Town facilities and structures;
AND WHEREAS Council’s direct and formal participation in decision-making regarding the location of any new recreational or other Town facilities would be very beneficial in fulfilling this interest.
THEREFORE BE IT RESOLVED THAT:
1. Council support, following completion of Virgil Skate Park construction, that staff meet with nearby residents for a discussion and to hear feedback about this project, and send a written invitation to this meeting for all residents living in the immediate area, and share a summary of feedback and suggested outcomes with Council for information, if deemed necessary by staff;
2. That Council support a 2021 Capital Budget submission to add landscaping and buffering features to the structure, such as a surrounding berm and tree plantings along the South-East side, to delineate the Skate Park from nearby recreational facilities and in direct response to any public input received following current project completion, if deemed necessary by staff;
3. Future projects to construct new Town facilities and structures, expand existing facilities or make a significant change in use for existing Town facilities, where alternative or new locations are under consideration, be brought to Council's attention with formal report or highlighted in initial budget submissions for consideration by Council.
That item 3. be referred to staff to review the process they follow with respect to future projects to construct new Town facilities.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | | X |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 1 |
APPROVED.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED, AS AMENDED.
35. Moved by Councillor Gary Burroughs, seconded by Councillor Sandra O'Connor
WHEREAS Council passed Bylaw 4316DT-20, to rezone the properties from “Old Town Community Zoning District – Established Residential (ER3) Zone” to “Marine Commercial (MC-19) – Site Specific Zone” for 85 Melville Street and “Marine Commercial (MC) Zone” for 61 Melville Street;
AND WHEREAS neighbouring residents do not have the opportunity to participate in “Site Plan Approval” applications;
AND WHEREAS the definition for “Marine Commercial” as reflected in the new Official Plan, allows for many more opportunities for uses on the site.
THEREFORE BE IT RESOLVED that Staff be directed to circulate notice of any application for potential future “Site Plan Approval” submitted for the development of 61 and 85 Melville Street during this term of Council to all assessed landowners within 120 meters, in order that they may submit comments for Staff and Council consideration.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
36. Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs
WHEREAS Council approved the appointment of an Environmental Advisory Committee June 20, 2020;
AND WHEREAS the Niagara-on-the-Lake Public Library Board has asked Council to fill the two vacancies currently on their board;
AND WHEREAS applications for these positions were reviewed by the ad-hoc selection committee for these positions;
AND WHEREAS following the resignation of Stuart McCormack, there are a number of vacancies required to be filled on various committees.
THEREFORE BE IT RESOLVED that the selection committee recommend Council appointment of the following members to the Environmental Advisory Committee:
Environmental Advisory Committee
- Dylan Wiens
- Marco Brunato
- Christine Earl
- Joseph Longmore
- William Roberts
- Paul Jurbala (Wellness Committee Representative)
- Councillor Norm Arsenault
- Councillor Gary Burroughs
- Councillor Sandra O’Connor
AND FURTHER that the terms of reference be amended to reflect the increase of Council members and decrease of citizen membership;
AND FURTHER that selection Committee recommend Council appoint the following members to the Niagara-on-the-Lake Public Library Board:
Niagara-on-the-Lake Public Library Board:
- Stuart McCormack
- Councillor Wendy Cheropita
AND FURTHER that Councillor Sandra O’Connor replace Lord Mayor Betty Disero as a member on the Community Wellness Committee;
AND FURTHER Councillor Sandra O’Connor replace Councillor Wendy Cheropita as a member on the Agricultural Advisory Committee.
Environmental Advisory Committee
Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs that the citizens appointments be referred to the Environment Committee to consider the appointment of a youth component; and that Councillors Norm Arsenault, Gary Burroughs and Sandra O'Connor be appointed.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
Niagara-on-the-Lake Public Library Board
Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault that the library appointments be referred to the Library Board.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED, AS AMENDED.
37. Moved by Councillor Al Bisback, seconded by Councillor John Wiens
WHEREAS Staff received a letter, included below, from Limited Distilling Corporation (14 Henegan Road) to request support of their application to the Alcohol and Gaming Commission of Ontario (AGCO) for a Manufacture’s Limited Liquor Sales License Council, as required by the AGCO.
AND WHEREAS this request was circulated to all departments on June 29, 2020 and no objections were made.
THEREFORE BE IT RESOLVED that The Council of the Town of Niagara-on-the-Lake supports the application by Limited Distilling Corporation, seeking a Manufacturer's Limited Liquor Sales Licence to permit the sale of single servings of alcohol at its distillery located at lands !mown municipally as 14 Henegan Road, Niagara-on-the-
Lake, Ontario, subject to the following restrictions:
1. Limited Distilling Corporation would only be permitted to sell and serve spirits which it has manufactured;
2. Spirits may only be sold and served between 9:00a.m. and 10:00 p.m. on any day;
3. Spirits may only be sold and served in areas approved under the Licence that are on or immediately adjacent to the Manufacturing Site and under the sole control of Limited Distilling Corporation; and
4. Guests are only permitted to carry and consume spirits on the Manufacturing Site in area that are under the sole control of Limited Distilling Corporation and approved under the Licence.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | absent | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 0 |
APPROVED.
38. Moved by Councillor Gary Burroughs, seconded by Councillor Clare Cameron
WHEREAS tourism related businesses in the Heritage District are financially struggling to survive as a result of the COVID-19 pandemic;
AND WHEREAS property assessments and taxes in our Heritage District are some of the highest (per square foot) in Ontario;
AND WHEREAS these high taxes, in large part, are due to the high levels of tourist traffic and business that our Town has had over the years;
AND WHEREAS “Covid19” has decimated the Tourism Industry, and is unlikely to return to previous historic levels for several years.
THEREFORE BE IT RESOLVED that staff be directed to review the costs, and source of funds to be used to refund these taxes for the 2020 taxation year;
AND FURTHER that staff use 40% as the amount to be considered for the 2020 taxation year;
AND FURTHER that refunds be directed to the party that is responsible for paying property taxes under their current applicable leasing agreements;
AND FURTHER that staff review the program in consideration of the 2021 taxation year and the funds be used from the increased parking rates now in effect;
AND FURTHER that the Town form a delegation to seek approval from the Niagara Region to approve a similar 40% reduction in the Regional portion of the commercial taxes for the affected properties in the Heritage District;
AND FURTHER that staff confirm the amount of the Educational portion of tax relief, that will apply to this program.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | | X |
| ALLAN BISBACK | | X |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | | X |
| ERWIN WIENS | | X |
| JOHN WIENS | | X |
| LORD MAYOR BETTY DISERO | | X |
| TOTALS | 3 | 6 |
DEFEATED.
39. Moved by Councillor Norm Arsenault, seconded by Councillor Gary Burroughs
WHEREAS the proposal as identified in Report UDC-04-2020 East Side Niagara Stone Site Plan Preliminary Design Review, at 1695 Niagara Stone Road, is not in keeping with the long-term guidelines for the future development of the Niagara Stone Road Corridor as considered by the consultants MHBC in a report prepared for the Town's Council in November 2015 (the "MHBC Report"). The recommendations of the MHC Report are summarized as follows:
(a) Parking in the front yard is discouraged, off‐street parking should be located at the rear of the building where possible;
(b) Building signage that is architecturally incorporated into the building design is encouraged;
(c) Attractive ground related signage is preferred over backlit fluorescent and plastic signs;
(d) For any new restaurant uses, a setback that accommodates outdoor seating or patio areas is encouraged; and
(e) A consistent rhythm of similar architectural details and elements is encouraged to assist in the creation of a strong village image, and
Whereas the proposal is not fully in compliance with the vision and proposed street enhancements in Report to Council OPS-20-015 – Regional Street Enhancements - Niagara Stone Road (Four Mile Creek Road to Virgil Urban Boundary), which report was approved by Council on April 14, 2020 (the “Region Report”). The Region Report
identifies Niagara Stone Road within the Virgil Urban Boundary as an area with an existing streetscape that is harsh with few pedestrian comforts. The Region Report also states that there are many opportunities for private realm improvements such as landscaping, private trees, patios, seating areas and screening of private parking areas.
THEREFORE BE IT RESOLVED that, in keeping with the view that parking in the front of the building is discouraged and that outdoor seating is encouraged, Council support that the 6 parking spots at the front be eliminated and replaced with an enclosed outdoor seating area and a bike rack parking area.
AND FURTHER that evergreen hedging be planted between the trees along Niagara Stone Road similar to the hedging planted in front of Niagara Stone Road instead of grasses. Evergreen hedging will provide a buffer or screen all year round and not just the summer months.
Lord Mayor Betty Disero assumed the chair at this time.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
REFERRED TO URBAN DESIGN COMMITTEE.
40. Moved by Councillor Wendy Cheropita, seconded by Councillor Norm Arsenault
WHEREAS economic recovery during COVID-19 has been a slow process;
AND WHEREAS all municipalities in Niagara Region are looking at ways to incentivize creation of new jobs to meet the needs of both employers and workers;
AND WHEREAS Niagara-on-the-Lake has a large amount of industrial land that has been dormant for a number of years;
THEREFORE BE IT RESOLVED that Council request staff to report back on a program that would allow for a deferral of development charges for industrial lands only that would allow the builder to pay over a 5 year period from the completion of construction;
AND FURTHER that this report would include both positive and negative Impacts of the program and ways to maintain the financial integrity of the Town.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
41. Moved by Councillor Al Bisback, seconded by Councillor Norm Arsenault that Council receive the August 20, 2020 Information Package.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
42. Moved by Councillor Gary Burroughs, seconded by Councillor John Wiens that leave be given to introduce By-law 5262-20 and that the same be considered read a first, second and third time and passed any ruling of this Council to the contrary notwithstanding.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
43. Moved by Councillor Gary Burroughs, seconded by Councillor Clare Cameron that this Council adjourn to the next regular meeting of September 28, 2020 and if a special meeting is required, it will be held at the call of the Lord Mayor.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | X | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 9 | 0 |
APPROVED.
VERBAL MOTIONS:
1. Moved by Councillor Norm Arsenault, seconded by Councillor Wendy Cheropita, that Report CDS-20-022 - 822 Concession 1 Road Application for Zoning By-law Amendment be lifted and voted on separately.
COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | conflict | |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 0 |
APPROVED.
2. Moved by Councillor Gary Burroughs, seconded by Councillor Norm Arsenault that the Council meeting be extended to 11:00 p.m.
| COUNCILLOR | YEA | NAY |
| NORM ARSENAULT | X | |
| ALLAN BISBACK | X | |
| GARY BURROUGHS | X | |
| CLARE CAMERON | X | |
| WENDY CHEROPITA | X | |
| SANDRA O'CONNOR | X | |
| ERWIN WIENS | | X |
| JOHN WIENS | X | |
| LORD MAYOR BETTY DISERO | X | |
| TOTALS | 8 | 1 |
APPROVED.
ADJOURNMENT: 10:30 PM |