2007/02/19
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THIRD MEETING
'Monday,February.19,2007
From 5:30 p.m. to 6:00 p.m.
.City Hall, Committee Room #2A&.B
Approval.of the February 05, 2007 CO"lmunity Services Minutes.
1)
2)
REPORTS:
STAFF CONTACT:
a) 88S-2007 -O~
Vann Media Group, 5440 Stanley ~venue
Sign By-law Variance Ed Dujlovic
Wesley Place - Parking Review Ed Dujlovic
b) . MW-2007 -13
c} Site Alteration8y-law .. Jean Grandoni has requested to speak
3) NEW BUS'INESS:
4) ADJOURNMENT:
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'SECOND, MEETING
Monday, February 19, 2007
From 6:00 p.m. to 6:30 p.m.
Approval of the March 29~ 2006 & February 05,2007 Corporate Services Minutes.
. 1)
2)
REPORTS:
STAFF CONTACT:
a) PD..2007-10
Planning and Conservation Land Stautue,
Law Amendment (Bill 51)
Brownfield Community Improvement Plan (CIP)
Applications for Environmental Study Grants
Doug Darbyson
b) PD-2007 -09
DougJDarbyson
3) N'EW BUSINESS:
4) ADJOURNMENT:
a) Resolutio~ to go into.Closed Meeting.
MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING
Monday, February 5,2007, City Hall, Room 2 at 4:00 p.m.
PRESENT.
Chair ---=-*ldeullan Car olynn--fo-armoni;-Mayor--'f-ed-Salci,A-ld-erma-n--Jinl
Diodati, Alderman Victor Pietrangelo, Alderman Bart Maves, Alderman
Vince Kerrio, Alderman Janice Wing, Alderman Shirley Fisher.
REGRETS:
STAFF:
John MacDonald, Ed Dujlovic, Karen Kelly, Barney Ruddell, Denyse
Morrissey, Ken Burden, Dean Iorfida, Trent Dark, Karl Dren, Todd Harrison,
Marianne Tikk:y- Steno
PRESS:
Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review
GUEST:
John Beam - 6219 Johnson Drive, Ron Planchet - 6344 Forest Ridge, Norm
Puttick - 3820 St. Patrick Street, Rocky Vacca - Sullivan Mahoney, Mr. Saks
- Renaissance Hotel.
MINUTES
It was ORDERED on the motion of Councillor Fisher seconded by Mayor Salci, that the January 22,
2007 minutes be approved.
Motion:
Action:
Carried
Recommendation submitted to Council 2007-02-05.
REPORTS
a) CAO-2007-01 - Consultants Recommendations regarding the Future of Niagara
Transit and Organizational Review Update.
I. It was ORDERED on the motion of Mayor Salci and seconded by Councillor Thomson
that the consultant's recommendations be received for the information of Council.
Motion:
Action:
Carried
Recommendation submitted to Council 2007-02-05.
II. It was ORDERED on the motion of Mayor Salci and seconded by Councillor Thomson
that the transit operation be formally taken over by the City of Niagara Falls as part of it's
administrative structure.
Motion:
Action:
Carried
Recommendation submitted to Council 2007-02-05.
MINUTES OF CORPORATE SERVICES COMMITTEE MEETING
Monday, February 5, 2007, City Hall, Room 2 at 5:50 p.m.
PRESENT:
Chair - Alderman Carolynn Ioannoni, Mayor Ted Salci, Alderman Jim
Diodati, Alderman Victor Pietrangelo, Alderman Bart Maves, Alderman
Vince Kerrio, Alderman Janice Wing, Alderman Shirley Fisher.
REGRETS:
STAFF:
John MacDonald, Ed Dujlovic, Karen Kelly, Barney Ruddell, Denyse
Morrissey, Ken Burden, Dean Iorfida, Trent Dark, Karl Dren, Todd Harrison,
Marianne Tikky- Steno
,\. t'.....-.:
PRESS:
Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review
GUEST:
REPORTS
a) HR-2007-01 - Human Resources Committee Council Involvement in Hiring
It was ORDERED on the motion of Councillor Thomson and seconded by Mayor Sa1ci that the
draft terms of reference be approved and that the Committee be formed for a one (I) year trial
period.
Motion:
Action:
Carried
Recommendation submitted to Council 2007-02-05.
ADJOURNMENT
It was ORDERED on the motion of Alderman Diodati that the regular meeting of the
Community Services Committee be adjourned at 6:00 p.m.
MINUTES
FIFTH MEETING
MONDAY, MARCH 29, 2006
COUNCIL CHAMBERS
7:00 P.M.
PRESENT:
Mayor Ted Salci, Alderman Wayne Campbell, Chair; Aldermen Jim
Diodati, Carolynn loannoni, Vince Kerrio, Joyce Morocco, Victor
Pietrangelo, Selina Volpatti and Janice Wing
STAFF:
John MacDonald, Dean lorfida, Denyse Morrissey, Karen Kelly, Ed
Dujlovic, Ken Burden, Patrick Burke, Doug Darbyson, Serge
Felicetti, Todd Harrison and Holly Pemberton
PRESS:
Corey Larocque, Niagara Falls Review
Rob Lapensee, Niagara This Week
1. MINUTES:
MOVED by Alderman Morocco, seconded by Mayor Salci, that the minutes of
the March 20, 2006 Meeting be adopted as recorded.
Motion Carried Unanimously
2. REPORTS:
F-2006-32 Downtown Revitalization - Financial Impact
MOVED by Alderman Vol patti, seconded by Mayor Salci, that Report F-2006-32 -
Financial Impact of the Downtown Revitalization be received for information.
Motion Carried Unanimously
F-2006-29 Budget Amendments Report
a. MOVED by Mayor Salci, seconded by Alderman Morocco, that the revenue and
expense amendments to the 2006 General Purposes Budget be approved.
Motion Carried Unanimously
b. MOVED by Alderman Morocco, seconded by Alderman Diodati, that the
,Downtown Revitalization Capital Project be approved subject to the satisfactory
completion of due diligence.
Motion Carried
Alderman Wing Opposed
-2-
c. MOVED by Alderman Volpatti, seconded by Alderman Morocco that Committee
recommend that Council authorize the use of debenture funding, as requested,
for the Downtown Revitalization Capital Project.
The motion CARRIED with the following requested vote:
AVE Mayor Salci AVE Alderman Campbell
AVE Alderman Diodati AVE Alderman Morocco
AVE Alderman Pietrangelo AVE Alderman Vol patti
NAVE Alderman loannoni NAVE Alderman Kerrio
NAVE Alderman Wing
d. MOVED by Mayor Salci, seconded by Alderman Kerrio, that all avenues for
alternative funding be explored to the maximum extent available for the
Downtown Revitalization Capital Project.
Motion Carried Unanimously
F-2006-27 Final Tax Notice Due Dates for Residential. Pipeline. Farmland and
Managed Forest Assessment Classes:
MOVED by Alderman Volpatti, seconded by Alderman Morocco, that June 29
and September 29 be approved as the 2006 final due dates for Residential,
Pipeline, Farmland and Managed Forest Assessment Classes.
Motion Carried Unanimously
F-2006-28 2006 Property Tax Rates:
a. MOVED by Alderman Vol patti, seconded by Alderman Morocco, that the 2006
Property Tax Rates be approved.
Motion Carried Unanimously
b. MOVED by Alderman Vol patti, seconded by Alderman Morocco, that Committee
recommend that Council petition the Provincial Government to lower the 2007
Industrial Tax Rate, if necessary.
Motion Carried Unanimously
F-2006-25 2006 Debenture Issue:
MOVED by Alderman Volpatti, seconded by Alderman Diodati, that Committee
recommend that Council pass a resolution requesting The Regional
Municipality of Niagara to issue $21,922,000 of debentures in accordance with
the terms and amounts as set out in the schedule.
Motion Carried Unanimously
-3-
F-2006-26 Financing Lease Reoort:
MOVED by Mayor Salci, seconded by Alderman Kerrio, that Report 2006-26 -
Financing Lease Report, be received for information.
Motion Carried Unanimously
F-2006-30 Mortgage Company Administration Fee:
MOVED by Alderman Vol patti, seconded by Alderman Pietrangelo, that the City
of Niagara Falls institute a $10 fee for mortgage companies.
Motion Carried Unanimously
F-2006-31 Rebate Consideration:
MOVED by Mayor Salci, seconded by Alderman Diodatti, that Committee
recommend that Council approve a grant of $1,379.34 be given to Mr. Tom
Papavasiliou.
Motion Carried Unanimously
3. CORRESPONDENCE:
MOVED by Alderman loannoni, seconded by Alderman Volpatti, that Committee
recommend that Council approve a grant of $500.00 be given to the Miss
Niagara Pageant.
Motion Carried Unanimously
MOVED by Alderman Vol patti, seconded by Alderman loannoni, that the request
for a financial donation to Mrs. Jamieson be received and filed.
Motion Carried Unanimously
7. ADJOURNMENT:
MOVED by Alderman Kerrio, seconded by Alderman Diodati, that the meeting
adjourn at 8:05 p.m.
Motion Carried Unanimously
February 19, 2007
PD-2007 -09
~...~
NiagaraFgllD~
Councillor Victor Pietrangelo, Chair
and Members of the Corporate, Services Committee
City of Niagara Falls, Ontario
Members:
Re: PD-2007 -09
Brownfield Community Improvement Plan (CIP)
Applications for Environmental Study Grants
RECOMMENDATION:
That the Corporate Services Committee approve $50,000 to enable staff to process
applications received underthe Environmental Study Grants of the Brownfield Community
Improvement Plan (CIP).
BACKGROUND:
In July 2006, the Ministry of Municipal Affairs approved the City's Brownfield Community
Improvement Plan (CIP). The CIP provides an opportunity to encourage the remediation
and redevelopment of brownfield sites and thus allowing the removal 'of threats to health
and improving the visual appearance of old underutilized industrial and commercial areas.
The City has three financial incentive programs for Brownfields and they are the
Environmental Study Grant, Tax Assistance Program and the Revitalization Grant. The
key to the success of the Brownfield CIP is the implementation of these programs.
One of the first steps of any cleanup ofa brownfield site is the need to complete the
necessary environmental studies to determine the type of contamination and potential
remediation costs. The City's Environmental Study Grant Program provides a matching
grant of 500/0 of the cost of an eligible environmental study to a maximum of $12,500 per
study or two studies per property to a maximum of $20,000 per property.
With the approval of the City's Brownfield CIP lastJuly, itwas the intent to actively promote
and implement the financial incentive programs early in 2007. The Planning and
Development staff has experienced a number of inquiries regarding the development of
brownfield properties and two applications have been received for environmental study
grants. Although a more comprehensive budget request will be proposed as part of the
City's 2007 budget process, staff would like to request the allocation of $50,000 to process
environmental study grants tnCit have been received recently.
Corporate Services' Department
Planning & Development
February 19, 2007
CONCLUSION:
-2-
PD-2007 -09
The City has a long history of industrial and manufacturing development. In the past, there
have been poor waste management practices that have left many properties having known
or potential environmental contamination. The approved Brownfield Community
Improvement Plan contains programs that will assist and encourage the cleanup of
contaminated sites. In order to process applications that have been received for
Environmental Study Grants, and not unnecessarily delay the cleanup of certain sites in
the City, staff is requesting Council's support for the allocation of funds. Council's
consideration of this request is appreciated.
Recommended by:
Respectfully submitted:
BS:tc
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Doug Darbyson, Director of Planning & Development
lYJ'~'
acDonald, Chief Administrative Officer
S:\PDR\2007\PD-2007-09, Brownfield CIP , Environmental Study Grant Budget.wpd
February 19, 2007
PD-2007 -10
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NiagaraFgl/~
Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Members:
Re: PD-2007 -10
Planning and Conservation Land Statute Law Amendment (Bill 51)
RECOMMENDATION:
That Council authorize staff to commence the process of updating the City of Niagara Falls
Official Plan to bring it into compliance with the Planning and Conservation Land Statute Law
Amendment (Bill 51) and its associated regulations.
BACKGROUND:
The Planning and Conservation Land Statute Law Amendment (Bill 51 ) and ten new regulations
associated with the Act came into effect on January 1,2007. This amendment continues the
Province's agenda to reform the Planning process and makes numerous changes.
This report provides a brief overview of the new legislation and outlines new enabling policies
and possible updates for the City's Official Plan.
Executive Summary
The changes instituted by Bill 51 modify the notification process and further refine the
information requirements for planning applications; provide new municipal planning tools and
give further support to sustainable development, intensification and brownfield redevelopment.
The Bill also revises provisions for appeal and the Ontario Municipal Board hearing process.
The impact of this amendment at the City level can be placed into three broad categories:
· New legislation that is effective immediately and may require changes to the City's
current practices such as: new notification requirements, and the requirement for all
decisions to be consistent with the Planning Act and in conformity with Provincial Plans
(such as the Growth Plan).
· Legislation that allows the City to consider new processes and powers through Council
approval. Through updates to the Official Plan, the City can require certain information
as part of a complete application, allow conditional zoning, require specific design
elements through siteJ~llcontrol, requirepre-consultationon planning applications, set
up a local appeal "''''fensure the protection of employment lanq~ '___.___'_______,_..._
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Corporate Services Department
Planning & Development
February 19, 2007
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PD-2007 -10 '
· New process for appeals to the Ontario Municipal Board (OMB). Only those
persons/public bodies that have provided written comments or attended a public meeting
can appeal the decision of Council. New evidence or new witnesses cannot be added
to an OMB hearing without giving Council an opportunity to review the new evidence and
reconsider their decision.
Bill 51 and the Official Plan
New Provisions Now in Effect:
· Consistency and Conformity
As of January 1,2007, all decisions of Council must be consistent with the Provincial
Policy Statements (PPS) and in conformity with Provincial Plans in effect on the date of
the decision. These include the Growth Plan and Greenbelt Plan. To implement this,
an affidavit, signed by an employee of the City, is to be forwarded to the Region or OMB
(where necessary) with the notice of decision, stating that Council's decision is
consistent with the PPS and in conformity (or does not conflict with) any Provincial
Plans.
· Restrictions on Appeals
Bill 51 restricts appeals against the decision of Council to permit two residential units in
a single, semi-detached or rowhouse in residential areas; or to refuse an alteration to
the urban area boundary; or to redesignate employment lands. The City is currently in
the process of completing a growth management review which will provide new Official
Plan policies regarding the provision of employment and residential lands and the urban
area needs of the City. The creation of new policies allowing a second residential unit
within low density residential areas should be preceded by studies identifying suitable
locations based on servicing capacities and compatibility with existing development.
· Areas of Employment
A definition for "areas of employment" has been added to the Planning Act. The
definition further reinforces the policies of the Growth Plan to develop live-work
communities and restrict urban sprawl. The City's Growth Management Plan currently
underway will identify the City's need for employment areas and the type of lands
needed to develop a diversified economy. New Official Plan policies will be developed
subsequent to the study.
· Complete Applications
BiII51 has introduced a timed process for confirming a complete application which will
apply to any applications submitted after January 1, 2007. Within 30 days of receipt of
an application and fee for an official plan or zoning by-law amendment, plan of
subdivision application, or consent; the City must notify the applicant if the application
is complete. If complete, a notice of application is required (alone or in conjunction with
a notice of public meeting). If the application is deemed not to be complete, the
applicant is notified that additional information is needed. The time provisions under the
Act for processing of applications do not begin until the application is deemed complete.
, February 19, 2007
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PD-2007 -10
· Site Plan Control
Under Bill 51, the City can require facilities to be designed to provide accessibility for
disabled persons. This provision is in effect and no amendments to the Official Plan are
needed.
· Community Improvement Plans (CIP)
The CIP provisions of the Act have been modified to permit Regional level CIPs and to
define the types of works that can be covered under financial incentive programs,
including site assessment, remediation, and the provision of energy efficient uses,
buildings, structures, works, and facilities.
New Optional Provisions:
· Local Appeal Bodies
Local municipalities now have the option of setting up a Local Appeal Body to consider
appeals against the decision of the Committee of Adjustment (not Council) on
applications for severances or minor variances in place of the OMB. There are
regulations and costs involved with this which could be followed up on through a future
report.
· Conditional Zoning
Bill 51 introduces "conditional zoning" which allows conditions to be attached to zoning
by-law amendments. Those conditions would need to be fulfilled and/or contained in a
registered agreement on title prior to the issuance of a building permit and are intended
to implement requirements identified in studies accompanying applications. Possible
conditions include: land dedication, intersection improvements and traffic signals,
securing off-site parking, and maintenance of a natural or cultural heritage features.
Final regulations have not been issued by the Province, however, a general policy could
be added through an update to the Official Plan that would permit the City to utilize this '
section of the Act.
· Pre-Consultation
Bill 51 allows the City to require pre-consultation as part of a complete application by
passing a by-law to that effect. Planning staff is preparing and testing a pre-consultation
process that will assist the applicant in preparing a complete application, thus preventing
any delay of processing of the application as outlined under the "complete application"
section above.
· Reduction of Cash-in-Lieu of Parkland Dedication Payment
Council can consider the reduction in the amount of a cash-in-lieu of parkland dedication
payment where the development meets sustainability criteria. To utilize this provision,
the City would need to develop specific sustainability criteria and guidance policies in the
Official Plan.
February 19, 2007
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PD-2007 -10 '
· Specific Exterior Design Policies
The exterior design of structures can be controlled through site plan control process
where the Official Plan has policies to that effect. The Official Plan may identify or
describe specific areas where exterior design control is important, such as the downtown
or public transit nodes and corridors. More specific policies and/or criteria can be
included relating to the design and quality of the built environment.
The New Ontario Municipal Board (OMB) Appeal Process:
Appeals to the OMB are limited to those who provide written comments to Council prior to a
public meeting orwho make an oral presentation at the public meeting. All background studies
and information must be available for public review and Council consideration.
Previously, OMB hearings on appeals were considered a "new" hearing where the decision of
Council was not referenced. With the new regulation, the OMB must have regard to the
decision of Council and, should any new evidence emerge at the hearing,the OMS would give
Council 60 days to reconsider its decision on a plan of subdivision, official plan or zoning by-law
application, based on the new information and material, and provide a recommendation to the
OMB. This provision aims to ensure that the local Council is aware of all information
surrounding these planning applications.
CONCLUSION:
Planning staff has initiated changes to the planning process in the City as regulated by Sill 51
with the update of planning application forms and the set up of a new notification process for
complete applications. Draft modifications to the Official Plan have been prepared to bring the
Plan into compliance and to implement the enabling policies allowed through Bill 51.
Further changes to the Official Plan may be implemented after the completion of the City's
Growth Management Study to deal with employment lands and the urban area boundary.
Specific consideration and reports should be given to changes that will have a financial impact
on the City such as the option to create a Local Appeal Body or the consideration of a reduction
in the cash-in-lieu of parkland dedication fee in exchange for the satisfaction of sustainability
criteria.
Recommended by:
~
Respectfully submitted:
Doug Darbyson, Director of Planning & Development
i'," "'/ *"" 'i~~'", "I,.",,' '
I. V , ~
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? MacDonald, Chief Administrative Officer
FB:cb
Attach.
S:\PDR\2007\PD-2007-10, Planning and Conservation Land Statute Law Amendment (Bill 51).wpd
Corporate Services Department
Clerk's Division
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NiagaraPcql!D~
Inter-Department Memorandum
TO:
His Worship Mayor Ted Salci
& Members of Council
DATE: February 19,2007
FROM: Dean lorfida
City Clerk
Ext. 4271
RE: Resolutions to go In Camera
In light of the recent amendments to the Municipal Act, staff has been reviewing the
procedures in association with the Council meetings.
As a result, staff will be preparing formal resolutions to be passed prior to Council going
into closed meetings.
Staff has always been very conscientious in ensuring that Council has appropriately gone
"In Camera". By passing an appropriate resolution, the Council is complying with the "open
and transparent" tenets surrounding the amendmer;1ts to the Act.
~
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
Seconded by Alderman
WHEREAS all meetings of Council are to be open to the public; and
WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject
matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001.
THEREFORE BE IT RESOLVED THAT on February 19, 2007, Niagara Falls Council will go
into a closed meeting to consider a matter that falls under the subject matter of 239(2)@) of the
Municipal Act, 2001, a proposed or pending acquisition or disposition of land by the municipality;
and
FURTHER BE IT RESOLVED THAT on February 19, 2007, Niagara Falls Council will go into
a closed meeting to consider a matter that falls under the subject matter 239(2)(f) of the Municipal
Act, 2001, to receive advice that is subject to solicitor-client privilege and 239 (2)(e), litigation or
potential litigation, including matters before administrative tribunals.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA
CITY CLERK
R. T. (TED) SALCI
MAYOR