The Corporation of the City of Thorold COUNCIL AGENDA. Tuesday, June 19, :30 p.m. Council Chambers
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1 The Corporation of the City of Thorold COUNCIL AGENDA Tuesday, June 19, :30 p.m. Council Chambers Pages Thorold Seniors Choir to Sing O Canada 1. Call to Order 2. Adoption of the Agendas 3. Mayor's Report 4. Regional Councillor Update 5. Adoption of the Minutes a. Regular Council Meeting Minutes of June 5, b. General Committee Meeting Minutes of June 5, c. General Committee Meeting Minutes of June 5, Declarations of Interest 7. Public Meetings Pursuant to the Planning Act 8. Civic Recognition 9. Presentations 10. Motions for Support 11. Statement by Councillors 12. Notices of Motion
2 13. Resolve into General Committee 14. Motions Arising from In-Camera Session 15. Motion to Ratify Recommendations from General Committee 16. By-laws a. First Reading of By-laws 1. By-law To delegate specific authority to the Chief Administrative Officer of The Corporation of the City of Thorold 2. By-law A by-law to repeal By-law No , being a by-law to regulate parking and traffic within the City of Thorold (Restricted Parking Pilot Program in the Confederation Heights West Community) 3. By-law A by-law to amend By-law , being a by-law to set the 2018 tax rates and to levy taxes for the year 4. By-law A by-law to approve Minutes of Settlement re: Niagara Catholic District School Board Development Charges 5. By-law Being a by-law to exempt certain lands from Part Lot Control (PLC ) pursuant to Section 50 of the Planning Act, R.S.O as amended, for 59R-16053, Block 39, Plan 59M439, municipally known as 9, 11, 13, 15, 17 and 19 Harmony Way, Rolling Meadows
3 6. By-law Being a by-law to exempt certain lands from Part Lot Control (PLC ) pursuant to Section 50 of the Planning Act, R.S.O as amended, for 59R-16055, Block 40, Plan 59M439, municipally known as 21, 23, 25, and 27 Harmony Way, Rolling Meadows 7. By-law Being a by-law to exempt a certain block in Plan 59M-445 from Part Lot Control Block 135 (2, 4, 6, and 8 Haney Drive) Hansler Heights subdivision 8. By-law Being a by-law to exempt a certain block in Plan 59M-445 from Part Lot Control Block 136 (10, 12, 14, and 16 Haney Drive) Hansler Heights subdivision 9. By-law Being a by-law to exempt a certain block in Plan 59M-445 from Part Lot Control Block 137 (18, 20, 22, and 24 Haney Drive) Hansler Heights subdivision 10. By-law Being a by-law to amend Comprehensive Zoning By-law 2140(97) to rezone the subject lands (25 and 25 ½ Metcalfe Street) to permit a four unit townhouse dwelling 11. By-law A by-law to authorize the execution of an agreement between The Corporation of the City of Thorold and the Thorold Professional Fire Fighters Association, Local By-law A by-law to confirm the proceedings of Council of The Corporation of the City of Thorold at its Regular Council and General Committee meetings of June 19, 2018 b. Final Reading of By-laws
4 17. Council Committee and Board Meeting Minutes a. Minutes to Review for Information Purposes 1. Port Robinson Ferry Committee Re: Minutes of May 11, 2018 Meeting 2. Ad Hoc Downtown Parking Committee Re: Minutes of April 23, 2018 Meeting 3. Thorold Public Library Board Re: Minutes of April 16, 2018 Meeting 4. Heritage Thorold LACAC Re: - Minutes of May 7, 2018 Meeting - Minutes of June 4, 2018 Meeting 5. Parks, Trails and Recreation Committee Re: Minutes of April 5, 2018 Meeting b. Minutes to Endorse Recommendations 18. Adjournment
5 COUNCIL MEETING MINUTES June 5, 2018 PRESENT: ABSENT: Mayor A.T. (Ted) Luciani, Councillor Charron, Councillor Handley, Councillor Longo, Councillor Neale, Councillor Paone, Councillor Ugulini, Councillor Whalen Councillor Wilson (with reason) STAFF: E. Darbyson, D. Delvecchio, B. Dickson, M. Dilwaria, C. Dray, S. Dunsmore, J. Goulet, M. Lostracco, M. Mauro, G. Stojanovic OTHERS: Cogeco T.V., Thorold News and Weestream Note: Motions are carried unanimous, unless otherwise noted. 1. Call to Order The meeting was called to order at 6:30 p.m. 2. Adoption of the Agendas MOVED BY: SECONDED BY: Councillor Handley Councillor Paone That Council adopt the agendas as published on May 31, 2018 and any and all revisions published June 5, 2018, as amended. CARRIED Page1
6 3. Mayor's Report Mayor Luciani, Councillor Ugulini and Regional Councillor Henry D Angela attended the grand opening of Pho 18 restaurant in Thorold on May 16, Mayor Luciani participated as a Reviewing Officer at the 76 th annual Ceremonial Review of the 128 Thorold Flying Dragons Air Cadets. Mayor Luciani advised June is Italian Heritage Month in Canada. The Italian Flag was raised at Thorold City Hall to recognize the contributions Italians have made towards Canada s diversity and rich culture. Mayor Luciani, MP Vance Badawey, Regional Councillor D Angela and Councillors Neale, Ugulini and Whalen, participated in the Royal Canadian Legion Branch 17 s annual Decoration Day on June 3, Regional Councillor Update None 5. Adoption of the Minutes a. Regular Council Meeting Minutes of May 15, 2018 MOVED BY: SECONDED BY: Councillor Whalen Councillor Neale That the Regular Council meeting minutes of May 15, 2018, be hereby adopted. CARRIED b. General Committee Meeting Minutes of May 15, 2018 MOVED BY: SECONDED BY: Councillor Whalen Councillor Neale That the General Committee meeting minutes of May 15, 2018, be hereby adopted. CARRIED Page2
7 c. Planning and Development Services Public Forum Committee Meeting Minutes of May 15, 2018 MOVED BY: SECONDED BY: Councillor Longo Councillor Paone That the Planning and Development Services Public Forum Committee meeting minutes of May 15, 2018, be hereby adopted. CARRIED 6. Declarations of Interest None 7. Public Meetings Pursuant to the Planning Act None 8. Civic Recognition None 9. Presentations a. Doug Giles and David Heyworth, Region of Niagara, Planning and Development Services were in attendance to provide an update on the Niagara Region Official Plan. b. Jean D'Amelio Swyer, Resident, was in attendance to speak in opposition to the recent parking pilot that restricts parking on Honey Locust Circle. c. Sergio Sartor, Resident, was in attendance to speak in opposition to the recent parking pilot that restricts parking on Honey Locust Circle 10. Motions for Support a. City of Thorold MOVED BY: SECONDED BY: Councillor Neale Councillor Ugulini Whereas the City Clerk s Office was notified of one vacancy on the Lake Gibson Preservation Task Force; and Page3
8 Whereas on January 11, 2018, a notice was placed in the Niagara This Week and on the City of Thorold website seeking appointments to the Board; and Whereas one application was received and it was recommended by the Committee of Council to Review Applications to Boards and Committees on May 1, 2018 for approval by Thorold City Council. Now therefore be it resolved: 1. That Michael Schofield be hereby appointed to the Lake Gibson Preservation Task Force until November 30, That the Chair of the Lake Gibson Preservation Task Force be so advised. CARRIED b. Township of Wainfleet MOVED BY: SECONDED BY: Councillor Ugulini Councillor Neale That the correspondence received from the Township of Wainfleet from its Council meeting of May 8, 2018 encouraging the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority to acquire the remaining Lakewood Beach property for the purpose of improving public access to the Lake Erie shoreline and for enhancing opportunities for the public to experience the lakefront in meaningful ways, be received and filed. CARRIED c. City of Thorold MOVED BY: SECONDED BY: Councillor Whalen Councillor Neale Whereas the City Clerk s Office was notified of an event being held on June 29, 2018, initial setup only, as well as, June 30, 2018 and July 1, Page4
9 2018 from 4:00 p.m. to 8:00 p.m. by Laku Noc at the Late Club Niagara property being Lundy s Lane; Whereas this event has been ongoing for 73 years at St. George Serbian Orthodox Church located on Montrose Road in Niagara Falls; Whereas the location of the event was changed due to construction at the Church; Whereas Laku Noc is seeking support from Council to obtain a Special Occasions permit from the Alcohol and Gaming Commission of Ontario (AGCO); Now therefore be it resolved: 1. That Council declares this event as a Municipally Significant Event for the purposes of obtaining a Special Occasions Permit from the AGCO. CARRIED 11. Statement by Councillors 1. Councillor Ugulini advised he has received numerous complaints with regards to lack of grass cutting at various properties. He stated that he would like By-law Officers to be more proactive on this matter. Councillor Handley added that he would like to see the repeat offenders billed for grass cutting. 2. Councillor Handley advised the washrooms at McAdam Park are near completion. An official opening will be planned for July 2018 and thanked those who donated and helped with this project. 3. Councilor Longo confirmed he is a resident on Honey Locust Circle and knew this pilot program could cause some parking concerns in the area. MOVED BY: SECONDED BY: Councillor Handley Councillor Longo Page5
10 That the rules of the Procedure By-law Section 10.2 be waived in order to present the following motion. CARRIED MOVED BY: SECONDED BY: Councillor Longo Councillor Handley That the recently adopted parking pilot program adopted by By-law No be suspended immediately until a full public consultation is undertaken. That the Director of Public Works and Community Services be directed to prepare a report detailing outcomes of the meetings, rationale for the change and alternatives reviewed. CARRIED 12. Notices of Motion None 13. Resolve into General Committee General Committee convened at 7:37 p.m. General Committee adjourned at 7:59 p.m. and City Council reconvened. 14. Motions Arising from In-Camera Session None 15. Motion to Ratify Recommendations from General Committee MOVED BY: SECONDED BY: Councillor Paone Councillor Charron That Council adopt those items approved by the General Committee on June 5, CARRIED 16. By-laws a. First Reading of By-laws MOVED BY: SECONDED BY: Councillor Neale Councillor Ugulini Page6
11 That leave be given to introduce the following By-law(s): By-law Stop-up and close part of road allowance Welland Street North, Plan 898, lying between St. David Street East and Regent Street, BB7477, Pin (LT) at Welland Street North By-law A by-law to declare Welland Street North, Plan 898, lying between St. David Street East and Regent Street, BB7477, Pin (LT) at Welland Street North, City of Thorold surplus to the City s needs By-law A by-law to amend By-law No , being a by-law respecting the regulation for the erection of fences in the City of Thorold By-law Being a by-law to amend Comprehensive Zoning By-law 2140(97) to rezone the subject lands (184 Keefer Road) to permit a semi-detached dwelling By-law Being a by-law to amend Comprehensive Zoning By-law No. 2140(97), as amended, for the removal of holding provision for Port Robinson Estates - Phase 1 subdivision By-law Being a by-law to authorize the execution of a subdivision agreement with Ontario Inc. for Port Robinson Estates - Phase 1 subdivision By-law Being a by-law to amend Comprehensive Zoning By-law No. 2140(97), as amended, for the lands comprising the Decew Terrace subdivision Page7
12 By-law A by-law to authorize the execution of a transfer payment agreement for the Main Street Revitalization Initiative with Association of Municipalities in Ontario (AMO) in partnership with the Province of Ontario, Her Majesty the Queen in Right of Ontario By-law A by-law to confirm the proceedings of Council of The Corporation of the City of Thorold at its Regular Council and General Committee meetings of June 5, 218 And that the same now be read a first time. CARRIED b. Final Reading of By-laws MOVED BY: SECONDED BY: Councillor Neale Councillor Ugulini That the By-laws just read a first time be read a second and third time, and do pass, and that the Mayor and Clerk do sign and seal the same, any rule of this Council to the contrary notwithstanding. CARRIED 17. Council Committee and Board Meeting Minutes a. Minutes to Review for Information Purposes MOVED BY: SECONDED BY: Councillor Charron Councillor Paone That Council receive and file the minutes of the Committees of Council/Local Boards, as presented. 1. Joint Accessibility Advisory Committee Re: Minutes of April 12, 2018 Meeting Page8
13 2. Age Friendly Committee Re: Minutes of April 12, 2018 Meeting 3. Lake Gibson Preservation Task Force Re: Minutes of April 24, 2018 Meeting 4. Tourism Advisory Committee Re: Minutes of April 24, 2018 Meeting CARRIED b. Minutes to Endorse Recommendations None 18. Adjournment MOVED BY: SECONDED BY: Councillor Handley Councillor Paone That this meeting is hereby adjourned at 8:03 p.m. CARRIED A.T. Luciani, Mayor Donna Delvecchio, City Clerk Page9
14 GENERAL COMMITTEE MEETING MINUTES June 5, 2018 PRESENT: ABSENT: Mayor A.T. (Ted) Luciani, Councillor Charron, Councillor Handley, Councillor Longo, Councillor Neale, Councillor Paone, Councillor Ugulini, Councillor Whalen Councillor Wilson (with reason) STAFF: E. Darbyson, D. Delvecchio, B. Dickson, M. Dilwaria, C. Dray, S. Dunsmore, J. Goulet, M. Lostracco, M. Mauro, G. Stojanovic OTHERS: Cogeco T.V., Thorold News and Weestream Note: Minutes have been recorded in the order in which they appear on the agenda. Note: Motions are carried unanimous, unless otherwise noted. 1. Call to Order That General Committee meeting was called to order. CARRIED 2. Declaration of Interest None 3. Delegations None 4. Call for Reports to be Brought Forward from Consent None Page10
15 5. Motion to Move Reports on Consent MOVED BY: Councillor Paone That Council approved the Consent Agenda, save and except those items brought forward for discussion. CARRIED 6. Consent Reports a. DF a 2017 Final Financial Summary 1. That Report DF be received for information purposes. CARRIED, ON CONSENT b. DF January to March 2018 Tracking Statements 1. That report DF be received for information purposes. CARRIED, ON CONSENT c. PWCS Railway Track Removal Downtown 1. That the tender for Contract No.: Train Track Removal be awarded to Rankin Construction Inc. in the adjusted estimated amount of $156, (HST excluded) which includes additional work for the installation of curb bump outs on Pine Street and for the installation of a Pedestrian Crossover on Pine Street for traffic calming purposes. 2. That the Mayor and Clerk be authorized to execute the necessary agreements. CARRIED, ON CONSENT Page11
16 d. PWCS Installation of Temporary Walkway Port Robinson 1. That Council authorize staff to enter into a contract with Rankin Construction Inc. to complete the construction of a temporary pathway from South Main Street to Cross Street along River Street in the amount of $97, plus HST to be funded from the 2018 Curb and Sidewalk Program. 2. That the Mayor and Clerk be authorized to execute the necessary agreements. CARRIED, ON CONSENT e. PDS Amended City of Thorold Official Plan Appendix C Port Robinson West Urban Design Guidelines 1. That the Director of Planning and Development Services Report PDS be approved, as presented. CARRIED, ON CONSENT f. PDS Lifting of Holding Provisions and the Execution of the Subdivision agreement for Port Robinson Estates - Phase 1 subdivision (File No. 26T ) 1. That the Director of Planning and Development Services Report PDS be approved, as presented. 2. That Council approve the by-law to remove the holding (H) provision on the subject lands from Residential First Density R1(D)-3(H) Zone, Residential Third Density R3-11(H) Zone, Shopping Commercial SC-2(H) Zone to Residential First Density R1(D)-3 Zone, Residential Third Density R3-11 Zone, and Shopping Commercial SC-2 Zone. 3. That Council approve the by-law authorizing the Mayor and Clerk to execute the subdivision agreement between the City of Thorold and Ontario Inc. for the Port Robinson Estates- Phase 1 Subdivision. Page12 CARRIED, ON CONSENT
17 g. CC Ontario's Main Street Revitalization Initiative Funding 1. The City Clerk s Report CC be received and approved. 2. That the Mayor and Clerk be directed to sign the attached agreement. 3. That the appropriate by-law authorizing the execution of the transfer payment agreement be approved at the Council meeting this evening. 4. That Council approve the creation of a Reserve Fund for the Main Street Revitalization Initiative, as prescribed by the agreement. CARRIED, ON CONSENT h. CC Lame Duck Council 1. That Council delegate authority to the Chief Administrative Officer (CAO) for the 2018 period during which a lame duck Council could be in effect, pursuant to Section 275 of the Municipal Act, 2001, in order to address matters within the jurisdiction of the municipality including the following: the appointment or removal from office of any officer of the municipality; the hiring or dismissal of any employee of the municipality; the disposition of any real or personal property of the municipality, which has a value exceeding $50,000 at the time of disposal; and making any expenditures or incurring any other liability which exceeds $50, That the CAO report to Council via memo on any and all actions undertaken under delegated authorities outlined herein. 3. That an amended Delegation of Authority Policy be presented to Council at its June 19, 2018 meeting for approval. CARRIED, ON CONSENT Page13
18 i. CC Council Correspondence for June 5, 2018 Meeting 1. That Council receive and file the items listed in City Clerk s Report CC CARRIED, ON CONSENT j. CC Stop Up and Close Road Allowance located on Welland Street North, Plan 898, lying between St. David Street East and Regent Street 1. That approval be given to proceed to stop up and close part of Welland Street North, Plan 898, lying between St. David Street East and Regent Street (BB7477), PIN (LT). 2. That all costs associated with the closing and conveyance of the subject portion of the original road allowance be the responsibility of the purchaser. CARRIED, ON CONSENT k. CC Letter of Municipal Significance for Thorold Community Activities Group 1. That the weekend long Canada Day Celebrations to be held at the Battle of Beaverdams Park on June 29 th, 30 th and July 1 st, 2018 be designated as a Municipally Significant Event for the purposes of obtaining a Special Occasion Permit from the Alcohol and Gaming Commission of Ontario. 2. That Thorold Community Activities Group shall be responsible for complying with all conditions imposed by the AGCO. CARRIED, ON CONSENT Page14
19 l. FES Replacement of Fire Chief's Laptop 1. That Council approve the replacement of the Fire Chief s laptop, as recommended by the IT Manager, at a cost not to exceed $2, That Council approve the reallocation of $2,000 from the Fire Chief s Emergency Response General Supplies Account and $200 from the Fire Chief s Emergency Response Miscellaneous Account to the Fire Chief s Capital Account. CARRIED, ON CONSENT m. FES Capital Expenditure - Bunker Gear 1. That Council approve the Capital Expenditure of $20,000 (including HST) for the purchase of approximately 12 sets of Starfield-Lion Bunker Gear from PPE Solutions. CARRIED, ON CONSENT 7. Discussion Reports a. DF Council One-Third Tax Exemption Elimination MOVED BY: Councillor Longo 1. That effective January 1, 2019, as a result of the Federal Government s decision to eliminate the municipal officers one-third tax-free exemption, that the Mayor and Council compensation be grossed up such that there is no impact to their net pay. In Favour: Councillors Charron, Handley, Longo, Neale, Paone, Ugulini Opposed: Councillor Whalen CARRIED Page15
20 b. PWCS Corporate Space Planning MOVED BY: Councillor Ugulini 1. That Council authorize staff to utilize funds from the Building Renovations Staffing Accommodation project to fund a Project Management Office (PMO) consultant to develop a Design build Request for Proposal and oversee design and construction activities for the municipal office renovations required on the second floor of 8 Carleton Street to accommodate corporate staffing needs. CARRIED c. PWCS Toronto Marlies Exhibition Game MOVED BY: Councillor Ugulini 1. That report PWCS be approved for the purpose of Community Engagement and Economic Growth within Thorold funded as a General Budget Overrun at an upset limit of $58,000. CARRIED d. PDS Recommendation Report Regarding a Zoning By-law Amendment for 184 Keefer Road (D ) MOVED BY: Councillor Handley 1. That Director of Planning and Development Services Report PDS be approved as presented. 2. That General Committee support the Zoning By-law Amendment to rezone the subject land from Residential First Density R1B Zone to a site specific Residential Second Density R2 Zone. 3. That the Zoning By-law Amendment be presented to Council for approval at this evening s Council meeting. 4. That the Zoning By-law Amendment be approved by Council. CARRIED Page16
21 e. CC Proposed Sale of City Property - Parts 4, 5, and 6, Part of Road Allowance between Lots 67 and 68 RP 59R MOVED BY: Councillor Whalen 1. That Council direct staff to proceed with the process to declare Parts 4, 5 and 6, Part of Road Allowance between Lots 67 and 68 on RP 59R surplus to the City s needs. 2. That a by-law be presented to Council at its July 3, 2018 declaring the property surplus. CARRIED f. CC Policy No Volunteer Appointments to Council Boards & Committees MOVED BY: Councillor Ugulini 1. That Policy No dated June 5, 2018 be hereby approved by Council for implementation with the Council term That the existing Policy No remain in force and effect until November 30, That a future report be presented to Council that will recommend changes to some existing Committees and Boards. CARRIED 8. In-Camera Session (if applicable) Not applicable 9. Adjournment A.T. Luciani, Mayor Donna Delvecchio, City Clerk Page17
22 IN-CAMERA GENERAL COMMITTEE MEETING MINUTES June 5, 2018 PRESENT: ABSENT: Mayor A.T. (Ted) Luciani, Councillor Charron, Councillor Longo, Councillor Neale, Councillor Paone, Councillor Ugulini, Councillor Whalen Councillor Handley (with reason), Councillor Wilson (with reason) STAFF: D. Delvecchio, M. Dilwaria, J. Goulet 1. CALL TO ORDER Mayor A.T. Luciani presided and called the meeting to order at 5:28 p.m. 2. CONFLICTS OF INTEREST None. 3. IN-CAMERA SECTION Moved by: Councillor Ugulini That General Committee resolve into a closed meeting session for purposes of dealing with matters pertaining to a personnel matter (identifiable individual). General Committee resolved into closed session at 5:29 p.m. General Committee resolved back into open session at 6:08 p.m. CARRIED Page18
23 a. Chief Administrative Officer s Verbal Report International Association of Fire Fighters (IAFF) 1182 (In-Camera - Identifiable Individual) MOVED BY Councillor Whalen 1. That the Chief Administrative Officer proceed as directed. CARRIED b. City Clerk s Verbal Report Thorold Municipal Non-Profit Housing Corporation (In-Camera Solicitor-Client Privilege) MOVED BY: Councillor Longo 1. That the City Clerk proceed as directed. CARRIED c. Mayor s Verbal Report Employee Agreement (In-Camera Identifiable Individual) MOVED BY: Mayor Luciani 1. That the City Clerk proceed as directed. CARRIED 4. ADJOURNMENT At 6:09 p.m. A.T. Luciani, Mayor Donna Delvecchio, City Clerk Page19
24 The Corporation of the City of Thorold By-law No To delegate specific authority to the Chief Administrative Officer of The Corporation of the City of Thorold Whereas, Section 270 (1) of the Municipal Act, 2001, as amended, requires, in part, that a municipality adopt and maintain policies with respect to the delegation of its powers and duties and hiring of employees; and Whereas the Council of the Corporation of the City of Thorold adopted by a policy with respect to delegation of powers and duties for the Corporation of the City of Thorold which requires that all delegations be authorized by by-law; and Whereas Section 275 of the Municipal Act, 2001, as amended, imposes restrictions on the actions that a Council during the election of a new council, specifically relating to the following actions: a) the appointment or removal from office of any officer of the municipality; b) the hiring or dismissal of any employee of the municipality; c) the disposition of any real or personal property of the municipality which has a value exceeding $50, at the time of disposal; and d) making any expenditures or incurring any other liability which exceeds $50,000.00; and Whereas Section 275 (6) provides that nothing in Section 275 prevents any person or body from exercising any authority of a municipality that is delegated to the person or body prior to nomination day for the election of the new council; and Whereas the Council of the Corporation of the City of Thorold deems it desirable to delegate specific authority to the Chief Administrative Officer, for a specific time period, with respect to the hiring or dismissal of any employee of the municipality, with the exception of statutory officers of the municipality. Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That the Council of the City of Thorold hereby delegates the authority to the Chief Administrative Officer the above noted actions. 2. That, this By-law is and shall remain in force and effect from Nomination Day, being July 27, 2018 to and including the date of the commencement of the new term of Council being December 1, The Chief Administrative Office shall submit a report to Council advising of any events relating to the exercising of this delegated power. Read a first, second and third time and finally passed by Council this 19 th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page20
25 The Corporation of the City of Thorold By-law No A By-law to repeal By-law No , being a By-law to regulate parking and traffic within the City of Thorold (Restricted Parking Pilot Program in the Confederation Heights West Community) Whereas Council of the City of Thorold approved Report PWCS at a Council meeting held on May 1, 2018; and Whereas Council of the City of Thorold adopted By-law No at its May 15, 2018 meeting; and Whereas Council of the City of Thorold adopted a motion at its June 5, 2018 requesting the pilot program be suspended immediately to allow for public consultation and research into this matter. Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That By-law No be hereby repealed. Read a first, second and third time and finally passed by Council this 19th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page21
26 The Corporation of the City of Thorold By-law No A by-law to amend by-law being a bylaw to set the 2018 tax rates and to levy taxes for the year Whereas on May 1, 2018 Thorold City Council passed By-law No being a by-law to set the 2018 tax rates and to levy taxes for the year 2018; and Whereas as a result of Bill 140, the City was prevented from issuing final bills to taxpayers in the commercial, industrial and multi-residential classes pending the determination of Regional policy and the adjustments by the Province of Ontario OPTA software; and Whereas Thorold City Council approved the recommendations contained within Report DF on June 19, Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That section 12 (2) contained in By-law No be deleted and the following shall be inserted in lieu thereof: No later than a July 10, 2018 mailing date, with 50% due on each of July 31, 2018 and August 31, 2018 for the Multi-Residential, Commercial Occupied, Commercial Vacant, Industrial Occupied, Industrial Vacant, Large Industrial Occupied, Land Industrial Vacant, Farmland Awaiting Development, and Mixed classes in accordance with the appropriate rates as set forth in Schedule A and B, and as adjusted by the provisions of Bill 140. Read a first, second and third time and finally passed by Council this 19th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page22
27 The Corporation of the City of Thorold By-law No A by-law to approve Minutes of Settlement re: Niagara Catholic District School Board Development Charges Whereas the Niagara Catholic District School Board passed their Education Development Charges (EDC) By-law in 2015; and Whereas Thorold along with a number of neighbouring municipalities filed a joint appeal regarding certain aspects of the EDC By-law; and Whereas following negotiations, a proposed settlement was reached; and Whereas Council approved report DF on June 19, Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That the Mayor and Clerk be authorized to sign the Minutes of Settlement, attached as Schedule A herein. Read a first, second and third time and finally passed by Council this 19th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page23
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73 The Corporation of the City of Thorold By-law No Being a by-law to exempt certain lands from Part Lot Control (PLC ) pursuant to Section 50 of the Planning Act, R.S.O as amended, for 59R-16053, Block 39, Plan 59M439, municipally known as 9, 11, 13, 15, 17 and 19 Harmony Way, Rolling Meadows Whereas the Council of The Corporation of the City of Thorold passed By-law delegating authority to approve Part Lot Control applications to the Director of Planning and Building Services, or designate; and Whereas the Director of Planning and Building Services, or designate, has approved this Part Lot Control application and authorized its execution by The Corporation of the City of Thorold on May 15, Now therefore, the Council of The Corporation of the City of Thorold pursuant to Section 50(7) of the Planning Act, R.S.O. 1990, as amended, enacts as follows: 1. That subsection (5) of Section 50 of the Planning Act, R.S.O. 1990, as amended, does not apply to the following: (a) Block 39, Plan 59M-439, City of Thorold being all of PIN (LT), For the purpose of creating six (6) street townhouse dwelling lots as follows: (i) Part 1 on Reference Plan 59R (ii) Part 2 on Reference Plan 59R (iii) Part 3 on Reference Plan 59R (iv) Part 4 on Reference Plan 59R (v) Part 5 on Reference Plan 59R (vi) Parts 6 and 7 on Reference Plan 59R That this by-law shall come into force and take effect on the date of passing by the Council of The Corporation of the City of Thorold. 3. That this by-law shall be registered by the Clerk of The Corporation of the City of Thorold in the proper Land Registry Office. 4. That pursuant to the provisions of subsection 50(7.3) of the Planning Act, R.S.O. 1990, as amended, this by-law shall expire on the 19th day of June 2019 or upon repeal or upon the amended date of expiration by Council, whichever shall occur first. Read a first, second and third time and finally passed by Council this 19 th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page69
74 The Corporation of the City of Thorold By-law No Being a by-law to exempt certain lands from Part Lot Control (PLC ) pursuant to Section 50 of the Planning Act, R.S.O as amended, for 59R-16055, Block 40, Plan 59M439, municipally known as 21, 23, 25 and 27 Harmony Way, Rolling Meadows Whereas the Council of The Corporation of the City of Thorold passed By-law delegating authority to approve Part Lot Control applications to the Director of Planning and Building Services, or designate; and Whereas the Director of Planning and Building Services, or designate, has approved this Part Lot Control application and authorized its execution by The Corporation of the City of Thorold on May 15, Now therefore, the Council of The Corporation of the City of Thorold pursuant to Section 50(7) of the Planning Act, R.S.O. 1990, as amended, enacts as follows: 1. That subsection (5) of Section 50 of the Planning Act, R.S.O. 1990, as amended, does not apply to the following: (a) Block 40, Plan 59M-439, City of Thorold being all of PIN (LT), For the purpose of creating four (4) street townhouse dwelling lots as follows: (i) Parts 1 and 2 on Reference Plan 59R (ii) Part 3 on Reference Plan 59R (iii) Part 4 on Reference Plan 59R (iv) Part 5 on Reference Plan 59R That this by-law shall come into force and take effect on the date of passing by the Council of The Corporation of the City of Thorold. 3. That this by-law shall be registered by the Clerk of The Corporation of the City of Thorold in the proper Land Registry Office. 4. That pursuant to the provisions of subsection 50(7.3) of the Planning Act, R.S.O. 1990, as amended, this by-law shall expire on the 19th day of June 2019 or upon repeal or upon the amended date of expiration by Council, whichever shall occur first. Read a first, second and third time and finally passed by Council this 19 th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page70
75 The Corporation of the City of Thorold By-law No Being a By-law to Exempt a Certain Block in Plan 59M-445 from Part Lot Control Block 135 (2, 4, 6, and 8 Haney Drive)- Hansler Heights Subdivision Whereas the Municipal Council of the Corporation of the City of Thorold passed By-law No delegating authority to approve Part Lot Control applications to the Director of Planning and Building Services (now the Director of Planning and Development Services); and Whereas the Director of Planning and Development Services approved the Part Lot Control application; and Whereas the Municipal Council of the Corporation of the City of Thorold deems that the lands described in Section 1 of this By-law should be exempted from the provisions of Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 as amended since such lands are to be used for street townhouse dwelling units as permitted by Zoning By-law No (97), as amended. Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That the provisions of Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 as amended shall not apply to the lands described as follows: (a) Block 135 Plan 59M-445, City of Thorold being all of PIN (LT), For the purpose of creating four (4) street townhouse dwelling lots as follows: (i) Part 1 on Reference Plan 59R (ii) Part 2 on Reference Plan 59R (iii) Part 3 on Reference Plan 59R (iv) Parts 4 and 5 on Reference Plan 59R That in accordance with Subsection 7.3 of Section 50 of the Planning Act, R.S.O, 1990, c.p. 13 as amended, this By-law shall expire two (2) years from the date of the registration of this by-law in the Land Registry Office at which time Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 shall apply to those lands in the registered plan described in Section 1 of this by-law. 3. That upon final passage of this by-law the City Solicitor shall cause this By-law to be registered in the local Land Registry Office. 4. That the Clerk of the City is authorized to effect any minor modifications, corrections or omissions, solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Page71
76 Read a first, second and third time and finally passed by Council this 19th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page72
77 The Corporation of the City of Thorold By-law No Being a By-law to Exempt a Certain Block in Plan 59M-445 from Part Lot Control Block 136 (10, 12, 14, and 16 Haney Drive) - Hansler Heights Subdivision Whereas the Municipal Council of the Corporation of the City of Thorold passed By-law No delegating authority to approve Part Lot Control applications to the Director of Planning and Building Services (now the Director of Planning and Development Services); and Whereas the Director of Planning and Development Services approved the Part Lot Control application; and Whereas the Municipal Council of the Corporation of the City of Thorold deems that the lands described in Section 1 of this By-law should be exempted from the provisions of Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 as amended since such lands are to be used for street townhouse dwelling units as permitted by Zoning By-law No (97), as amended. Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That the provisions of Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 as amended shall not apply to the lands described as follows: (a) Block 136 Plan 59M-445, City of Thorold being all of PIN (LT), For the purpose of creating four (4) street townhouse dwelling lots as follows: (i) Parts 1 and 2 on Reference Plan 59R (ii) Part 3 on Reference Plan 59R (iii) Part 4 on Reference Plan 59R (iv) Part 5 on Reference Plan 59R That in accordance with Subsection 7.3 of Section 50 of the Planning Act, R.S.O, 1990, c.p. 13 as amended, this By-law shall expire two (2) years from the date of the registration of this by-law in the Land Registry Office at which time Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 shall apply to those lands in the registered plan described in Section 1 of this by-law. 3. That upon final passage of this by-law the City Solicitor shall cause this By-law to be registered in the local Land Registry Office. 4. That the Clerk of the City is authorized to effect any minor modifications, corrections or omissions, solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Page73
78 Read a first, second and third time and finally passed by Council this 19th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page74
79 The Corporation of the City of Thorold By-law No Being a By-law to Exempt a Certain Block in Plan 59M-445 from Part Lot Control Block 137 (18, 20, 22, and 24 Haney Drive)- Hansler Heights Subdivision Whereas the Municipal Council of the Corporation of the City of Thorold passed By-law No delegating authority to approve Part Lot Control applications to the Director of Planning and Building Services (now the Director of Planning and Development Services); and Whereas the Director of Planning and Development Services approved the Part Lot Control application; and Whereas the Municipal Council of the Corporation of the City of Thorold deems that the lands described in Section 1 of this By-law should be exempted from the provisions of Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 as amended since such lands are to be used for street townhouse dwelling units as permitted by Zoning By-law No (97), as amended. Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That the provisions of Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 as amended shall not apply to the lands described as follows: (a) Block 137 Plan 59M-445, City of Thorold being all of PIN (LT), For the purpose of creating four (4) street townhouse dwelling lots as follows: (i) Part 1 on Reference Plan 59R (ii) Part 2 on Reference Plan 59R (iii) Part 3 on Reference Plan 59R (iv) Parts 4 and 5 on Reference Plan 59R That in accordance with Subsection 7.3 of Section 50 of the Planning Act, R.S.O, 1990, c.p. 13 as amended, this By-law shall expire two (2) years from the date of the registration of this by-law in the Land Registry Office at which time Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 shall apply to those lands in the registered plan described in Section 1 of this by-law. 3. That upon final passage of this by-law the City Solicitor shall cause this By-law to be registered in the local Land Registry Office. 4. That the Clerk of the City is authorized to effect any minor modifications, corrections or omissions, solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Page75
80 Read a first, second and third time and finally passed by Council this 19th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page76
81 The Corporation of the City of Thorold By-law No Being a By-law to amend Comprehensive Zoning By-law 2140(97) to rezone the subject lands (25 and 25 ½ Metcalfe Street) to permit a four unit townhouse dwelling Whereas the Council of The Corporation of the City of Thorold authorized an amendment to Zoning By-law 2140(97) as amended, for the lands known municipally as 25 and 25 ½ Metcalfe Street and legally described as Plan 11, Lot 198, City of Thorold in accordance with the recommendations in report PDS , approved by Council at the Council meeting held on June 19, Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: Section 1 That Schedule A7 of By-law 2140(97), be and the same is hereby amended by changing the zoning of the lands shown on the said Schedule A attached to and made part of this By-law from Residential Second Density R2 Zone to Residential Third Density R3-16 Zone. Section 2 That By-law No. 2140(97), as amended, is further amended by adding to Section 13: Residential Third Density R3 Zone subsection 13.3 Special Provisions the following exception: R and 25 ½ Metcalfe Street These lands are zoned Residential Third Density R3-16 Zone and all provisions of By-law 2140(97), as amended, that relate to lands zoned Residential Third Density R3 Zone by this by-law shall apply to those lands zoned Residential Third Density R3-16 Zone shown on the attached Schedule A and shall be subject to the following provisions: Notwithstanding the provisions of Section 13 Residential Third Density R3 Zone, the following provisions shall apply to the lands indicated as R3-16 on Schedule A attached: a) Minimum Lot Frontage for 6 metres per dwelling unit for a street townhouse Street Townhouses dwelling, except that the minimum lot frontage for an end unit shall be 7 metres b) Minimum Landscaped Where the lot abuts any R1A, R1B, R1C, R1D, R2 Open Space or R2S Zone, a strip of land having a width of not less than 1.2 metres shall be provided and maintained on the lot adjacent to the abutting lot line(s) as landscaped open space. c) Maximum Driveway 50% of the frontage for the entire length of the Width driveway d) No front door of a dwelling shall be setback more than 1.5 metres from the front wall of the dwelling or the front face of an attached garage Section 3 That all other applicable provisions of By-law 2140(97), as amended, from time to time, not mentioned in this by-law shall continue to apply to the lands described in Schedule A attached to and forming part of this by-law. Page77
82 Section 4 That this By-law shall come into force and take effect pursuant to Section 34(21), 34(30) and 34(31) of the Planning Act, R.S.O., 1990, chapter P.13, as amended. Read a first, second and third time and finally passed by Council this 19 th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page78
83 Schedule "A" to By-law N W E S LANDS TO BE REZONED FROM RESIDENTIAL SECOND DENSITY "R2" ZONE TO RESIDENTIAL THIRD DENSITY WITH SPECIAL PROVISION 16 "R3-16" ZONE City of Thorold This Schedule "A" to By-Law No passed this 19th day of June, 2018 Where Ships Climb The Mountain... Page79 Mayor Clerk
84 The Corporation of the City of Thorold By-law No A by-law to authorize the execution of an agreement between The Corporation of the City of Thorold and the Thorold Professional Fire Fighters Association, Local 1182 Whereas pursuant to the provisions of Section 2 of the Fire Prevention and Protection Act, 1997, S.O. 1997, Chapter 4, The Corporation of the City of Thorold is authorized to establish a fire department; and Whereas Section 45 of the said Act authorizes the fire fighters employed in a fire department to constitute a bargaining unit for the purpose of collective bargaining; and Whereas the Council of The Corporation of the City of Thorold has authorized execution of an agreement with the members of the Thorold Professional Fire Fighters Association, Local 1182, at it s General Committee Meeting of June 5, Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute under the corporate seal an agreement with the Thorold Professional Fire Fighters Association, Local That By-Law No is hereby repealed. Read a first, second and third time and finally passed by Council this 19th day of June, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page80
85 AGREEMENT MADE THIS 19th DAY OF JUNE, 2018 BETWEEN THE CORPORATION OF THE CITY OF THOROLD (hereinafter called the Corporation ) of the FIRST PART; AND THE THOROLD PROFESSIONAL FIRE FIGHTERS ASSOCIATION LOCAL 1182 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (hereinafter called the Association ) of the SECOND PART Page81
86 Table of Contents ARTICLE 1 - PURPOSE AND SCOPE... 3 ARTICLE 2 - RECOGNITION... 3 ARTICLE 3 - MANAGEMENT RIGHTS... 4 ARTICLE 4 - GRIEVANCE AND COMPLAINT PROCEDURE... 4 ARTICLE 5 - HOURS OF WORK... 5 ARTICLE 6 - VACATIONS... 8 ARTICLE 7 - STATUTORY AND DECLARED OR PROCLAIMED HOLIDAYS... 8 ARTICLE 8 - LEAVE OF ABSENCE... 9 ARTICLE 9 - GENERAL INSURANCE ARTICLE 10 - SICK LEAVE PLAN ARTICLE 11 - CLASSIFICATIONS AND PROMOTIONS ARTICLE 12 - STAFFING ARTICLE 13 - SALARIES ARTICLE 14 - RECOGNITION PAY ARTICLE 15 - PENSIONS ARTICLE 16 - UNIFORMS AND CLOTHING ARTICLE 17 - JURY/WITNESS DUTY ARTICLE 18 - JOB SECURITY ARTICLE 19 - RETIREMENT ARTICLE 20 - EDUCATION AND TRAINING ARTICLE 21 - MILEAGE RATE ARTICLE 22 - STRIKES OR LOCKOUTS ARTICLE 23 - DISCRIMINATION AND COERCION ARTICLE 24 - DURATION APPENDIX A - SALARY CHART LETTER OF UNDERSTANDING NO LETTER OF UNDERSTANDING NO Page82
87 ARTICLE 1 - PURPOSE AND SCOPE 1.01 The purpose of this Agreement is to maintain a harmonious relationship between the Corporation and its full-time fire fighters and to provide an orderly and amicable method of settling any differences or grievances which may arise between the parties The provisions of this Agreement shall apply to all full-time fire fighters of the Thorold Fire Department, with the exception of the Chief, Deputy Chief and the Administrative Assistant to the Fire Chief. ARTICLE 2 - RECOGNITION 2.01 The Corporation recognizes the Association and its duly appointed or elected committee of three (3) full-time fire fighters, and the Association President, and any other representative of the I.A.F.F. or O.P.F.F.A as determined by the association as the exclusive bargaining agency for all full-time fire fighters coming within the scope of this Agreement. The Corporation shall be kept informed by the Association from time to time, of the personnel of the Committee All full-time fire fighters who are members of the said Local 1182 shall remain members of the said Local and all new full-time fire fighters shall become members of Local 1182, International Association of Fire Fighters within thirty (30) days of the date of employment and shall continue their membership in the said Local in good standing as a condition of continued employment The Corporation will deduct monthly dues as determined by the association, from the wages of each full-time firefighter and remit monies so deducted to the Treasurer of the Association, accompanied by a list of names showing those from whom deductions were made. The Association will keep the Corporation informed of the names and addresses of the proper officers At the same time that Income Tax (T-4) slips are made available, the Corporation shall type on the amount of Association dues paid by each Association member in the previous year The Association recognizes and accepts the provisions of this Agreement as binding upon themselves, each of the duly authorized officers of their Association representatives and pledge they will observe the provisions of this Agreement The Corporation recognizes and accepts the provisions of this Agreement as binding upon themselves, each of the duly authorized officers of the Corporation representatives and pledge they will observe the provisions of Page83 Page 3
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