Council Meeting Minutes, August 13, 2018

SPECIAL COUNCIL MEETING MINUTES
Monday August 13, 2018
06:00 PM

 
PRESENT:

Lord Mayor Pat Darte, Councillors: John Wiens, Betty Disero, Paolo Miele, Martin Mazza, Jim Collard, Jamie King (6:05 p.m.), Maria Bau-Coote (6:33 p.m.)

REGRETS:

Councillor Terry Flynn

STAFF:

Holly Dowd Chief Administrative Officer
Peter Todd Town Clerk
Colleen Hutt Deputy Clerk
Craig Larmour Director, Community & Development Services
Sheldon Randall Director, Operations
Rob Grimwood Fire Chief
Eric Withers Manager of Planning

OTHERS:


MEDIA:

Suzanne Mason TorStar
Sarah Ferguson The Lake Report
CALL TO ORDER:

Lord Mayor Pat Darte called the meeting to order at 6:00 p.m.

Fire Chief Rob Grimwood spoke to the tragic loss of Niagara-on-the-Lake Fire-fighter and resident Laura Robertson, and highlighted her dedicated service to the Town. Chief Grimwood also spoke to the Volunteer Fire-fighters' dedication and commitment to the Town and thanked Council for its support. Chief Grimwood noted Laura's legacy would be honoured forever and a moment of silence was held in her memory.

Lord Mayor Pat Darte spoke to the tragic loss of Niagara-on-the-Lake Fire Fighter and resident Laura Robertson, and her parents Joseph and Anita Robertson, highlighting their contribution to the community.

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

Councillor Jim Collard declared a conflict of interest with any discussion relating to 144 &176 John Street East; and Community and Development Report CDS-18-047 Municipal Heritage Committee Minutes - August 8, 2018, specifically recommendations 1.2.1 to 1.2.4, as he and his wife own and operate a Short Term Rental.

Councillor John Wiens declared a conflict of interest with any discussion relating to 144 &176 John Street East; and Community and Development Report CDS-18-047 Municipal Heritage Committee Minutes - August 8, 2018, specially recommendations 1.2.1 to 1.2.4, as he owns and operates a restaurant.

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

Agenda Delegation
      Councillor Jim Collard previously declared a conflict of interest with any discussion relating to 144 &176 John Street East; and Community and Development Report CDS-18-047 Municipal Heritage Committee Minutes - August 8, 2018, specifically recommendations 1.2.1 to 1.2.4, as he and his wife own and operate a Short Term Rental. Councillor Collard did not take part in any discussion.

      Councillor John Wiens previously declared a conflict of interest with any discussion relating to 144 &176 John Street East; and Community and Development Report CDS-18-047 Municipal Heritage Committee Minutes - August 8, 2018, specially recommendations 1.2.1 to 1.2.4, as he owns and operates a restaurant. Councillor Wiens did not take part in any discussion.
(1) David Bell, 511 Charlotte Street
Report CDS-18-047 - Municipal Heritage Committee Minutes - August 8, 2018

David Bell was present on behalf of the S.O.R.E. group. Mr. Bell spoke to the designation off 144 and 176 John Street East, 200 John Street East and 588 Charlotte Street. Mr. Bell also spoke to the significance of Calvin Rand to Niagara-on-the-Lake and felt it was important that he be recognized through these designations.

Lord Mayor Pat Darte thanked Mr. Bell for his presentation.

(2) Michael McClelland, ERA Architects
Report CDS-18-047 - Municipal Heritage Committee Minutes - August 8, 2018

Michael McClelland spoke to his letter submitted to Council on August 13, 2018 and highlighted the notices of intention to designate, demolition, a heritage impact assessment and a stage 2 archaeological assessment.

Lord Mayor Pat Darte thanked Mr. McClelland for his presentation.

(3) Maurizio Rogato, Solmar Group
Report CDS-18-047 - Municipal Heritage Committee Minutes - August 8, 2018

Maurizio Rogato, Two Sisters Resort Corporation and Solmar Niagara, spoke to the third party approach, site visits, significance and demolition, attributes, recommendations in staff report and notices of intention to designate.

Lord Mayor Pat Darte thanked Mr. Rogato for his presentation.

REPORTS:

(1) Community and Development Report CDS-18-046
File No. 26T-18-05-01 - 46 Paxton Lane (The Settlement Extension Subdivision) - Request to LPAT for Extension of Draft Approval and Return of Administration to the Town

-resolution #1, APPROVED RECOMMENDATIONS CS-18-046.

(2) Community and Development Report CDS-18-047
Municipal Heritage Committee Minutes - August 8, 2018

Councillor Jim Collard previously declared a conflict of interest with Community and Development Report CDS-18-047 Municipal Heritage Committee Minutes - August 8, 2018, specifically recommendations 1.2.1 to 1.2.4, as he and his wife own and operate a Short Term Rental. Councillor Collard did not take part in any discussion or vote on these items.

      Councillor John Wiens previously declared a conflict of interest with Community and Development Report CDS-18-047 Municipal Heritage Committee Minutes - August 8, 2018, specifically recommendations 1.2.1 to 1.2.4, as he owns and operates a restaurant. Councillor Wiens did not take part in any discussion of vote on these items.

      Report CDS-18-047 Municipal Heritage Committee Minutes - August 8, 2018, recommendations 1.2.1 to 1.2.4 were lifted for discussion voted on separately.

      Discussion took place with regard to designation timeline, recommendations to demolition, access to structures and ability to grant consent to demolition.

      Report CDS-18-047 Municipal Heritage Committee Minutes - August 8, 2018, recommendations 1.2.1 to 1.2.4 were voted on and approved.

      The balance of Report CDS-18-047 recommendations was voted on and approved.

      Therefore, Report CDS-18-047 Municipal Heritage Committee Minutes - August 8, 2018 was voted on and approved.

      -resolution #2, APPROVED RECOMMENDATIONS CS-18-047.

PROCEEDINGS BY-LAW:
Clerk to read resolution for reading of by-law
5079-18 A by-law to confirm the proceedings at the Special Council Meeting of the Corporation of the Town of Niagara-on-the-Lake on August 13, 2018.

-resolution #3, BY-LAW RECEIVED THREE READINGS.

RESOLUTIONS:

1. Moved by Councillor Jim Collard, seconded by Councillor Jamie King that the recommendations contained in Community and Development Report CDS-18-046 be adopted to included that:
      1.1 Council consent to the extension of approval by the Local Planning Appeal Tribunal of the draft plan of subdivision having File No. 26T-18-05-01 (The Settlement Extension Subdivision); and
      1.2 Council request the return of administration of the subdivision having File No. 26T-18-05-01 (The Settlement Extension Subdivision) to the Town from the Local Planning Appeal Tribunal.
APPROVED.

2. Moved by Councillor Jamie King, seconded by Councillor Betty Disero that the recommendations contained in Community and Development Report CDS-18-047 be adopted to included that:
      1.1 The August 8, 2018 Municipal Heritage Committee Minutes be received, attached as Appendix A to this report.
      1.2 The following apply with respect to 144, 176 and 200 John Street East and 588 Charlotte Street:
          1.2.1 The Municipal Heritage Committee recommend that Council provide, through the Clerk, Notice of Intention to Designate property known municipally as 144 John Street East in accordance with subsections 29(3-4.1) of the Ontario Heritage Act;
          1.2.2 The Municipal Heritage Committee recommend that, if no notice of objection is served within the 30-day period, Council pass a By-law designating 144 John Street East in accordance with subsection 29(6)(a)(i) of the Ontario Heritage Act;
          1.2.3 The Municipal Heritage Committee recommend that Council provide, through the Clerk, Notice of Intention to Designate property known municipally as 176 John Street East in accordance with subsections 29(3-4.1) of the Ontario Heritage Act;
          1.2.4 The Municipal Heritage Committee recommend that, if no notice of objection is served within the 30-day period, Council pass a By-law designating 176 John Street East in accordance with subsection 29(6)(a)(i) of the Ontario Heritage Act;
          1.2.5 The Municipal Heritage Committee recommend that Council provide, through the Clerk, Notice of Intention to Designate property known municipally as 200 John Street East in accordance with subsections 29(3-4.1) of the Ontario Heritage Act;
          1.2.6 The Municipal Heritage Committee recommend that, if no notice of objection is served within the 30-day period, Council pass a By-law designating 200 John Street East in accordance with subsection 29(6)(a)(i) of the Ontario Heritage Act;
          1.2.7 The Municipal Heritage Committee recommend that Council provide, through the Clerk, Notice of Intention to Designate property known municipally as 588 Charlotte Street in accordance with subsections 29(3-4.1) of the Ontario Heritage Act;
          1.2.8 The Municipal Heritage Committee recommend that, if no notice of objection is served within the 30-day period, Council pass a By-law designating 588 Charlotte Street in accordance with subsection 29(6)(a)(i) of the Ontario Heritage Act;
          1.2.9 That the Municipal Heritage Committee recommend to Council that demolition be refused for the residential dwelling, two sheds and the pool located at 588 Charlotte Street and that the associated Notice of Intention to Designate be amended to;
          - remove "Pet Cemetery" and
          - include the main structure and sheds;
          This is to preserve structures until a detailed interior analysis can be completed, and the applicant can submit a revised HIA which contemplates demolition and impacts;
          1.2.10 The Municipal Heritage Committee recommend to Council that the proposal to demolish the rectangular outbuilding with hipped roof and overhanging eaves and large French doors with ornate diamond shaped windows associated with the original estate at 588 Charlotte Street be refused in accordance with Section 34(2)(a)(ii) of the Ontario Heritage Act;
          1.2.11 That demolition be refused for the dwelling at 200 John Street East and the associated Notice of Intention to Designate be revised to include, under the property, the Guest House (former Calvin Rand summer house) and
          1.2.12 The Municipal Heritage Committee recommend to Council that the proposal to demolish the accessory structure (carriage house/garage) at 200 John Street East be refused in accordance with Section 34(2)(a)(ii) of the Ontario Heritage Act.
APPROVED.

3. Moved by Councillor Jamie King, seconded by Councillor Jim Collard that leave be given to introduce By-law No. 5079-18, and that the same be considered read a first, second and third time and passed, any ruling of this Council to the contrary notwithstanding.
APPROVED.

4. Moved by Councillor Paolo Miele, seconded by Councillor Betty Disero that this Council adjourn to the next regular meeting to be held August 27, 2018 and if a special meeting is required, it will be held at the call of the Lord Mayor.
      APPROVED.

VERBAL MOTIONS:

    ADJOURNMENT: 06:43 PM


    LORD MAYOR PAT DARTE TOWN CLERK PETER TODD
    No Item Selected