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PRESENT:
Lord Mayor Pat Darte, Councillors: Terry Flynn, Jamie King, Betty Disero, Martin Mazza, Maria Bau-Coote, John Wiens, Jim Collard, Paolo Miele
REGRETS:
STAFF:
Sheldon Randall Interim Chief Administrative Officer/Director of Operations
Holly Dowd Director of Corporate Services / Town Clerk
Victoria Butters Deputy Clerk
John Henricks Director of Community & Development
OTHERS:
MEDIA:
Melinda Cheevers Niagara This Week
Suzanne Mason Sun Media
CALL TO ORDER:
The Lord Mayor opened the Special Council Meeting at 7:00 p.m.
FOCUS STATEMENT:
Councillor Paolo Miele opened the Special Council Meeting with a Focus Statement.
O'CANADA:
Council, staff and all those present sang O'Canada.
ADOPTION OF THE AGENDA:
(New Business Items and Notice of Motions to be introduced)
Moved by Councillor Jamie King, seconded by Councillor Terry Flynn that the agenda be adopted as presented. APPROVED.
CONFLICT OF INTEREST:
Council members declare their conflicts of interest.
Councillor Jim Collard previously declared a conflict of interest regarding item 1.b) 1532 Concession 4 Road - Draft Plan of Subdivision and Zoning Amendment of the January 11, 2016 Public Community & Development Advisory Committee Meeting minutes; item 1.b) Report CDS-16-002, 1532 Concession 4 Road, application for draft plan of subdivision and zoning by-law amendment of the January 11, 2016 Community & Development Advisory Committee Minutes; and By-law 4316BT-16, as a relative lives near this development.
Councillor Paolo Miele previously declared a conflict of interest regarding item 1.b) 1532 Concession 4 Road - Draft Plan of Subdivision and Zoning Amendment of the January 11, 2016 Public Community & Development Advisory Committee Meeting minutes; item 1.b) Report CDS-16-02, 1532 Concession 4 Road, application for draft Plan of subdivision and zoning by-law amendment of the January 11, 2016 Community & Development Advisory Committee Minutes; and By-law 4316BT-16, as he owns property near this development.
Councillor Terry Flynn declared a conflict of interest regarding item (4) Community & Development Services Report CDS-15-076A Warner Road - Collection 8 (formerly Collection 15); and By-law 4316BS-16 as his property abuts the subject lands.
LORD MAYOR'S REPORT, ANNOUNCEMENTS AND REMARKS:
Lord Mayor Pat Darte deferred his report to the February 8, 2016 Council meeting due to the Special Council and Committee of the Whole meetings taking place this evening.
MEMBERS' ANNOUNCEMENT:
Announcement of special functions Council attended and upcoming Community events
As the Lord Mayor deferred his report, Council members did not make any members' announcements at this meeting.
NEXT COMMITTEE OF THE WHOLE AND COUNCIL MEETING DATES:
(Clerk to announce the dates)
The next Committee of the Whole meeting is scheduled for Monday,
February 1, 2016 following the Special Council meeting. The next Council Meeting is scheduled for Monday, February 8, 2016, at 7:00 p.m.
All delegation requests will be reviewed by the Clerk and included whenever possible. The deadline for delegation requests is no later than 10:00 a.m. on the day of the meeting.
Meeting times can be subject to change. For more detailed information, please visit the Town's website at www.notl.org or contact the office at 905-468-3266.
PLEASE BE ADVISED THAT THIS MEETING COULD BE BROADCASTED LIVE
MINUTES:
Clerk to read the resolution to adopt minutes
(1) Council Meeting Minutes December 14, 2015.
- resolution #1, APPROVED DECEMBER 14, 2015 COUNCIL MEETING MINUTES.
DELEGATIONS:
At Clerk's discretion, delegations will be added (Deadline 10:00 a.m. on the morning of the meeting)
Non-Agenda Delegation
There were no non-agenda delegations at this meeting.
Agenda Delegation
There were no agenda delegations at this meeting.
RESPONSE TO DELEGATIONS FROM COUNCIL:
COMMITTEE REPORTS:
(1) Public Community & Development Advisory Committee
Clerk to read the resolution to receive Minutes
The following applications were heard at the January 11, 2016 Public Community & Development Advisory Committee Meeting:
- 552 Lakeshore Road - Zoning Amendment
- 1532 Concession 4 Road - Draft Plan of Subdivision and Zoning Amendment
Councillor Jim Collard previously declared a conflict of interest regarding
item 1.b) 1532 Concession 4 Road - Draft Plan of Subdivision and Zoning Amendment of the January 11, 2016 Public Community & Development Advisory Committee Meeting minutes as a relative lives near this development. Councillor Collard did not take part in any discussion or vote on this item.
Councillor Paolo Miele previously declared a conflict of interest regarding item 1.b) 1532 Concession 4 Road - Draft Plan of Subdivision and Zoning Amendment of the January 11, 2016 Public Community & Development Advisory Committee Meeting minutes as he owns property near this development. Councillor Miele did not take part in any discussion of vote on this item.
1532 Concession 4 Road - Draft Plan of Subdivision and Zoning Amendment of the January 11, 2016 Public Community & Development Advisory Committee Meeting minutes was voted on separately and received.
The balance of the January 11, 2016 Public Community & Development Advisory Committee minutes were voted on and received.
- resolution #2, RECEIVED JANUARY 11, 2016 PUBLIC COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES.
(2) Community & Development Advisory Committee
Chair Councillor Jamie King, Vice Chair Councillor Maria Bau-Coote
The following are the recommendations from the January 11, 2016 Community & Development Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
(a) Report CDS-16-001
1.1 That the Zoning By-Law Amendment application for 552 Lakeshore Road, to re-zone the property from “Rural (A) Zone” to an “Agricultural Purposes Only (APO) Zone”, be forwarded to Town Council for adoption; and
1.2 The proposed Zoning By-Law Amendment is consistent with the Provincial Policy Statement, Provincial Policy Plans, Regional Official Plan and the Town Official Plan
(b) Report CDS-16-002, as amended
1.1 The Draft Plan of Subdivision for 1532 Concession 4 Road, the “Woodcastle Acres”, File 26T-18-14-01 be approved in accordance with the provisions of the Planning Act, and regulations thereunder, subject to further refinement of conditions to address park space, urban design and tree protection and replacement, as contained in Appendix C; and
1.2 All parties be advised of Council's decision on the subdivision application for 1532 Concession 4 Road, the “Woodcastle Acres” in accordance with Provincial regulations; and
1.3 The Lord Mayor be authorized to endorse the Draft Plan of Subdivision for 1532 Concession 4 Road, the “Woodcastle Acres” as 'approved' 20 days after notice of Council's decision has been given provided that no appeals have been received; and
1.4 The applicant be advised that the Town's draft approval for the subdivision application for 1532 Concession 4 Road, the “Woodcastle Acres” will lapse three (3) years from the date of draft approval unless an extension of the approval period is granted by Town Council; and
1.5 The draft Zoning By-law Amendments for 1532 Concession 4 Road, the "Woodcastle Acres" attached as Appendix A, be amended to include public use in accordance with Section 5, be forwarded to Town Council for adoption; and
1.6 The applications are consistent with the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the Town's Official Plan
(c) Report CDS-16-003
1.1 that the December 11, 2015 UNESCO Committee minutes, attached as Appendix A (to this report), be received; and
1.2 that the following recommendation be forwarded to Council for approval:
1.2.1 that Peter Kavanaugh be appointed to the UNESCO Committee and that the Terms of Reference be revised to reflect the number of members and roles (Appendix B attached to this report); and
1.3 that the revised Terms of Reference for the UNESCO Committee be approved
Councillor Jim Collard previously declared a conflict of interest regarding item 1.b) Report CDS-16-002, 1532 Concession 4 Road, application for draft plan of subdivision and zoning by-law amendment of the January 11, 2016 Community & Development Advisory Committee Meeting minutes as a relative of his lives near this development. Councillor Collard did not take part in any discussion or vote on this item.
Councillor Paolo Miele previously declared a conflict of interest regarding item 1.b) Report CDS-16-002, 1532 Concession 4 Road, application for draft Plan of subdivision and zoning by-law amendment of the January 11, 2016 Community & Development Advisory Committee Meeting minutes as he owns property near this development. Councillor Miele did not take part in any discussion or vote on this item.
Item 1.b) Report CDS-16-002 1532 Concession 4 Road application for draft plan of subdivision and zoning by-law amendment of the January 11, 2016 Community & Development Advisory Committee Meeting minutes was lifted and voted on separately and approved.
The balance of the January 11, 2016 Community & Development Advisory Committee Meeting minutes were voted on and approved.
- resolution #3, APPROVED JANUARY 11, 2016 COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES.
(3) Corporate Services Advisory Committee
Chair Councillor Terry Flynn, Vice Chair Councillor Paolo Miele
The following are the recommendations from the January 11, 2016 Corporate Services Advisory Committee Meeting, which have been referred to this Council meeting for consideration:
1.1 Council approve a Subordination Agreement between The Corporation of the Town of Niagara-on-the-Lake, Ontario Infrastructure and Land Corporation, and Niagara-on-the-Lake Hydro Inc., "Appendix A" attached to this report; and
1.2 The necessary by-law be prepared to authorize the Clerk and Lord Mayor to sign the attached (to this report) Subordination Agreement between the Corporation of the Town of Niagara-on-the-Lake, Ontario Infrastructure and Land Corporation, and Niagara-on-the-Lake Hydro Inc.
- resolution #4, APPROVED JANUARY 11, 2016 CORPORATE SERVICES ADVISORY COMMITTEE MEETING MINUTES.
(4) Clerk to read resolution to adopt recommendation
Community & Development Services Report CDS-15-076A
Warner Road - Collection 8 (formerly Collection 15)
Councillor Terry Flynn previously declared a conflict of interest regarding Community & Development Services Report CDS-15-076A Warner Road - Collection 8 (formerly Collection 15) as his property abuts the subject lands. Councillor Flynn did not take part in any discussion or vote on this item.
- resolution #5, APPROVED RECOMMENDATIONS CDS-15-076A.
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)
500WX-16- 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 (552 Lakeshore Road)
4316BS-16- A by-law to amend By-law 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 (Warner Road - Collection 8)
4316BT-16- A by-law to amend By-law 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 (1532 Concession 4 Road Woodcastle Acres)
4854-16- A by-law to authorize a subordination agreement between The Corporation of the Town of Niagara-on-the-Lake and Ontario Infrastructure and Lands Corporation and Niagara-on-the-Lake Hydro Inc.
4855-16- A by-law to provide for an interim levy of realty taxes for The Corporation of the Town of Niagara-on-the-Lake for the year 2016
Councillor Jim Collard previously declared a conflict of interest regarding By-law 4316BT-16, as a relative lives near this development. Councillor Collard did not take part in any discussion or vote on any readings of this by-law.
Councillor Paolo Miele previously declared a conflict of interest regarding By-law 4316BT-16, as he owns property near this development. Councillor Miele did not take part in any discussion or vote on any readings of this by-law.
Councillor Terry Flynn previously declared a conflict of interest regarding By-law 4316BS-16 as his property abuts the subject lands. Councillor Flynn did not take part in any discussion or vote on any readings of this by-law.
By-law 4316BT-16 was lifted and voted on separately for three readings and approved.
By-law 4316BS-16 was lifted and voted on separately for three readings and approved.
The balance of the by-laws were voted on for three readings and approved.
- resolution #6, BY-LAWS RECEIVED THREE READINGS.
CORRESPONDENCE AND MOTIONS:
Clerk to read resolution
1. The following resolution(s) be adopted:
(a) Appointment to Active Transportation Committee
- resolution #7, APPROVED APPOINTMENT RESOLUTION.
(b) Councillor Jim Collard - Procedural By-law
Councillor Jim Collard spoke to his motion and in answer to a question, the Clerk clarified the proposed amendment to the procedural by-law.
Moved by Councillor Paolo Miele, seconded by Councillor Maria Bau-Coote that the proposed procedural by-law motion be amended by adding the following "That staff investigate and report back to Council on ......" APPROVED.
- resolution #8, APPROVED, AS AMENDED, PROCEDURAL BY-LAW RESOLUTION.
(c) Councillor Jim Collard - Line 3 Road
Discussion took place regarding the proposed motion; timelines; and Rural Road Safety Review and Action Plan Final Report. In answer to a question, the Acting Chief Administrative Officer/Director of Operations stated that staff will review the status of the report to update Council, and further to recirculate the 2015 Information Report pertaining to the study.
Moved by Councillor Martin Mazza, seconded by Councillor Betty Disero that the Line 3 Motion be deferred to the February 8, 2016 Council meeting. APPROVED.
-resolution #9, DEFERRED LINE 3 MOTION TO FEBRUARY 8, 2016.
NOTICE OF MOTION:
As per the Town's Procedural By-law, "A notice of motion may be introduced by any Member at a regular Meeting of Council or Committee of the Whole for consideration at the next or a subsequent regular meeting of Council, and the same shall then be included in the notice of the Meeting at which it is to be considered."
There were no notice of motions brought forward at this meeting.
NEW BUSINESS:
New Business may be introduced at a regular Meeting under adoption of the Agenda. Items of direction to staff must be in the form of a motion.
There was no new business brought forward at this meeting.
PROCEEDINGS BY-LAW:
Clerk to read resolution for reading of by-law
4856-16- A by-law to confirm the proceedings at the Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on February 1, 2016
- resolution #10, BY-LAW RECEIVED THREE READINGS.
VERBAL MOTIONS:
1. Moved by Councillor Jamie King, seconded by Councillor Terry Flynn that the agenda be adopted as presented. APPROVED.
2. Moved by Councillor Paolo Miele, seconded by Councillor Maria Bau-Coote that the proposed procedural by-law motion be amended by adding the following "That staff investigate and report back to Council on ......" APPROVED.
3. Moved by Councillor Martin Mazza, seconded by Councillor Betty Disero that the motion regarding Line 3 Road be deferred to the February 8, 2016 Council meeting. APPROVED.
RESOLUTIONS:
1. Moved by Councillor Jim Collard, seconded by Councillor Maria Bau-Coote that the minutes of the Council Meeting held December 14, 2015 be adopted. APPROVED.
2. Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that the Minutes/Report of the January 11, 2016 Public Community & Development Advisory Committee Meeting be received, regarding:
· 552 Lakeshore Road – Zoning Amendment
· 1532 Concession 4 Road – Draft Plan of Subdivision and Zoning Amendment APPROVED.
3. Moved by Councillor Jamie King, seconded by Councillor Maria Bau-Coote that the Minutes and Reports of the January 11, 2016 Community and Development Advisory Committee Meeting be adopted. APPROVED.
4. Moved by Councillor Terry Flynn, seconded by Councillor Paolo Miele that the Minutes and Reports of the January 11, 2016 Corporate Services Advisory Committee Meeting be adopted. APPROVED.
5. Moved by Councillor Jim Collard, seconded by Councillor Maria Bau-Coote that the recommendations contained in Community & Development Services Report CDS-15-076A be adopted to include:
1.1 that the Draft Zoning By-law Amendment attached as Appendix A (to this report) for "Collection 8" (Warner Road) be approved by Council; and
1.2 that Council determine that further notice is not required for the changes to the proposed Zoning By-law Amendment. APPROVED.
6. Moved by Councillor Maria Bau-Coote, seconded by Councillor John Wiens that leave be given to introduce By-law Nos.500WX-16, 4316BS-16, 4316BT-16, 4854-16, and 4855-16 and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding. APPROVED.
7. Moved by Councillor Jim Collard, seconded by Councillor Maria Bau-Coote that Janet Trogdon be appointed to the Active Transportation Committee to fill a vacancy on the Committee for the balance of the Council Term. APPROVED.
8. Moved by Councillor Jim Collard, seconded by Councillor John Wiens that staff investigate and report back to Council on the procedural by-law to allow members of Committees appointed by Council, if required, to participate via the electronic meeting process. APPROVED, AS AMENDED.
9. Moved by Councillor Jim Collard, seconded by Councillor Maria Bau-Coote that the Council of The Corporation of the Town of Niagara-on-the-Lake requests staff to liaise with Niagara Region staff to investigate a safety plan at the corner of Line 3 Road and Four Mile Creek Road, with the aim of establishing flashing red stop signs, and to report back to Council with the costs necessary to carry out this work. DEFERRED.
10. Moved by Councillor Maria Bau-Coote, seconded by Councillor Jim Collard that leave be given to introduce By-law No. 4856-16 and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding. APPROVED.
11. Moved by Councillor Maria Bau-Coote, seconded by Councillor Jim Collard that this Council adjourn to the next regular meeting to be held February 8, 2016 and if a special meeting is required, it will be held at the call of the Lord Mayor. APPROVED.
VERBAL MOTIONS:
ADJOURNMENT: 07:40 PM |
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