2002/02/18SIXTH MEETING
PLANNING MEETING
DISCLOSURES OF PECUNIARY INTEREST
Council Chambers
February 18, 2002
Council met on Monday, February 18, 2002 at 6:00 p.m. for the purpose of
considering Planning /Regular Business matters. All members of Council, with the
exception of Alderman Ken Feren, who was away on vacation, were present. His Worship
Mayor Thomson offered the Opening Prayer.
Alderman Craitor indicated a pecuniary interest on Report F- 2002 -16, Cheque
Nos. 265728 and 265695 because a member of his family is employed by the Region.
Alderman Federow indicated a pecuniary interest on Report F- 2002 -16, Cheque
Nos. 265771 and 265710 because of his involvement with the OldTimers Hockey team.
Alderman Wing indicated a pecuniary interest on Report PD- 2002 -19 because her
property abuts the proposed development.
Easter Seal Society
Mr. Brian Simpson, Chair of the Niagara District Council, Ms. Sera Giammarco,
2002 Easter Seal Ambassador and Ms. Angela Carter, District Coordinator for the Easter
Seal Society who wished to have Council proclaim the month of March, 2002 as "Easter
Seal Month were unable to attend.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
month of March 2002 be proclaimed as "Easter Seal Month Carried Unanimously.
Niagara Health Coalition
Ms. Kim Stasiak, RN, Emergency Nurses Association of Ontario, did not
attend Council.
DEPUTATIONS
PLANNING MATTERS
PD- 2002 -19 Chief Administrative Officer Re: Zoning By -law Amendment
Application; AM- 36/2001, 6023 Culp Street; Applicant: David and Earl Tetrault; Agent:
Chris Cristelli; Proposed Bed Breakfast Accommodation. The report recommends
that Council approve the Zoning By -law Amendment application to permit the existing
dwelling at 6023 Culp Street to be used as a tourist home (bed breakfast
accommodation) containing not more than two rooms for tourists.
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His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with the Regulations by prepaid First Class mail on January 18, 2002.
His Worship Mayor Thomson received indication that Mr. Chris Cristelli, Agent, was
in attendance on behalf of the applicant, and received a negative response to his request
for a show of hands by persons present who were interested in the application.
He requested that all persons wishing to receive further notice of the passage of the
by -law submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development discussed the subject lands with the
assistance of posted sketches; reviewed the information contained in the Recommendation
Report; advised that the proposal meets the criteria of the Official Plan respecting Bed
Breakfast accommodations and that staff were recommending approval of the application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM- 36/2001, closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. The motion Carried with Alderman Wing
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
PD- 2002 -20 Chief Administrative Officer Re: Public Meeting Graham Street
Extension Draft Plan of Subdivision; File: 26T -11- 2002 -01; Owner: 1006057 Ontario
Limited. The report recommends that Council consider input received at the Public
Meeting and refer all matters to staff for the review of the Graham Street Extension Draft
Plan of Subdivision.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance to Regulations by Prepaid First Class mail on February 1, 2002.
His Worship Mayor Thomson received indication that Mr. George Bandi, was in
attendance and received a positive response to his request for a show of hands by persons
present who were interested in the application.
His Worship Mayor Thomson advised that failure to make written or oral
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
His Worship Mayor Thomson advised that no decision would be made at this
meeting and that the purpose of the meeting was to receive information and provide an
opportunity for public input; following which the Planning and Development Department
would consider all comments received and prepare a report to Council at a future meeting.
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Mr. Bandi provided an overview of the draft plan of subdivision which was to
subdivide a 2.43 acre site between Montrose Road and Delta Drive, south of Lundy's Lane
into 16 single- detached Tots and requested that Council consider approval of the proposal.
Mrs. Pat Taylor, 6375 Delta Drive, enquired whether fencing would be provided
around the proposed development.
Mr. Bandi responded that fencing was not provided around single family residences,
but that the matter of fencing for Mrs. Taylor could be considered.
Mr. Gino Forte, 6290 Montrose Road, expressed concerns with respect to
drainage and flooding of the surrounding properties due to the proposed development. He
was advised that a storm water management plan would be required to prevent flooding.
Mrs. Jan Kilty, 7411 Nasrullah Crescent, was informed that there would be
separated storm sewers. She also expressed the view that exits onto Graham Street could
create safety hazards with construction truck traffic going through residential areas.
Mr. Bandi indicated that they would be asking the City and Region for permission
to use Lots 1 and 2 of the proposed development for an access road to the construction
site.
Discussion ensued with respect to the change in elevation of the properties due to
the stripping of the top soil in a development. The Director of Municipal Works advised that
Inspection Certificates are issued when inspections have been carried out that conform to
the Master Drainage Plan.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Graham Street Extension Draft Plan of
Subdivision closed.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that
the comments be referred to staff for review. Carried Unanimously.
PD- 2002 -21 Chief Administrative Officer Re: Appeal to By -law No. 2001 -280, Body
Rub and Adult Entertainment Parlours. The report recommends that Council reaffirm,
by resolution, the passing of By -law No. 2001 -280.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
report be received and adopted.
REGULAR COUNCIL
ADOPTION OF MINUTES
Alderman Federow referred to the Chippawa Street End Leases matter that had
been ratified from Committee of the Whole on February 11, 2002; he expressed concerns
regarding the City's long range plans with respect to bikeways and recreational trails along
the waterways; he enquired whether a clause could be added to the Lease Agreement
suggesting that if, in the future, Council wishes to go ahead with a recreational plan for the
area, that the leases cease.
ORDERED on the motion of Alderman Federow, seconded by Alderman Pietrangelo, that
Council reconsider the matter of Chippawa Term of Lease Agreements and that the City
Clerk bring the issue back to a future Committee of the Whole meeting. The motion
Carried with Aldermen Craitor, Federow, loannoni, Orr, Pietrangelo, Puttick and Wing
voting in favour and Aldermen Campbell, Fisher, Hendershot and Volpatti voting contrary
to the motion.
See Resolution No. 05
His Worship Mayor Thomson declared a conflict of interest on the matter dealing
with the Jolley Cut and relinquished the Chair.
Alderman Gary Hendershot assumed the Chair.
Alderman Volpatti requested that the Minutes of the Regular Council meeting of
February 11, 2002 dealing with the Jolley Cut be amended to indicate that the status quo
be an option for the Consultant preparing the study on the Jolley Cut.
It was moved by Alderman Wing, seconded by Alderman loannoni, that Council go
on record as opposing the potential sale of the public portion of the Jolley Cut. The motion
was Defeated with Alderman Fisher abstaining from the vote on a conflict of interest and
with the following recorded vote:
Alderman Campbell
Alderman Craitor
Alderman Federow
Alderman Hendershot
Alderman loannoni
Alderman Orr
NAYE
AYE
NAYE
NAYE
AYE
NAYE
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His Worship Mayor Thomson resumed the Chair.
Alderman Pietrangelo
Alderman Puttick
Alderman Volpatti
Alderman Wing
Alderman Orr also requested that the Minutes be amended to reflect her opposition
to By -law No. 2002 -36.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
Minutes of the Regular Council Meeting of Februa y 11, 2002 be adopted as amended.
Carried Unanimously.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
Proposed Closing of the Pediatric in- patient services
NAYE
NAYE
AYE
AYE
His Worship Mayor Thomson referred to correspondence received from the Greater
Niagara Medical Society strongly opposing the proposed moving of the pediatric in- patient
services from the Greater Niagara General Hospital to the St. Catharines General Hospital,
and further, that the closure would have a significant ,mpact on the provision of full services
at the Greater Niagara General Site.
His Worship Mayor Thomson requested Council's endorsement of the
correspondence and that the correspondence te forwarded to the Niagara Health
System.
ORDERED on the motion of Alderman Pietrangelc, seconded by Alderman Fisher, that
Council endorses the correspondence received from the Greater Niagara Medical Society
and that the endorsement be forwarded on to the Niagara Health System. Carried
Unanimously.
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COMMUNICATIONS
Communication No. 15 The Kidney Foundation of Canada Re: Proclamation. The
communication requests that Council proclaim the month of March 2002 as "Kidney
Month
ORDERED on the motion of Alderman Hendershot, seconded byAlderman Fisher, that the
request be approved. Carried Unanimously.
Communication No. 16- Canadian Living Foundation Re: Proclamation. The
communication requests that the month of March be proclaimed "Nutrition Month" and
invites the Mayor and members of Council to attend a breakfast with the children involved
in the breakfast program in honour of "Nutrition Month
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
request be approved. Carried Unanimously.
Communication No. 17 Municipality of Huron East Re: Resolution. The
communication requests that Council endorse a resolution to the Minister of the
Environment requesting that the Government of Canada not add road salts to the list of
CEPA toxic substances and should seek to engage in cooperative dialogue aimed at
achieving the stated environmental goals, while preserving public safety on winter roads.
ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that Council
supports the requests. The motion Carried with Aldermen Craitor and Wing voting contrary
to the motion and with all others voting in favour.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the actions taken in Community Services Committee, earlier this evening be approved.
1. Adoption of the February 11,;2002 Community Services Committee Minutes;
2. Report MW- 2002 -24 Enhanced Level of Service for New Waste and Recycling
Collection Contract that the City continue with the enhanced level of service for
waste and recycling services provided by the Regional Municipality of Niagara;
3. Report R- 2002 -10 Community Centre Status Report that the report be deferred
to the Regular Council meeting following the Community Services Committee
Meeting.
The motion Carried with Alderman Orr indicating her opposition to Items #4, #5 and
#6 in Report MW- 2002 -24 and with all others voting in favour.
The following report was deferred from the Community Services Committee and
presented to Council for consideration.
Report R- 2002 -10 Chief Administrative Officer Re: Community Centre Status
Report. The report recommends the following:
1. That Council confirms its commitment to the Community Centre Project;
2. That Council confirms its commitment to a maximum capital contribution, including
any future contribution from SuperBuild to the design and construction of the
Community Centre;
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3. That Council directs City staff to proceed with the Community Centre project without
further delay.
The Chief Administrative Officer advised that the City had been working with the
Boys and Girls Club and the YMCA on a multi -use community centre; he explained the
difference between the "shared- space" model and "exclusive use" model; he referred to
the City's approval of a $20 million budget with a $15 million City commitment and another
$5 million to be obtained through fund raising; and he explained that the "Exclusive Use"
model would entail additional capital costs of $4 million.
The Director of Parks, Recreation and Culture provided clarification on the issue of
proprietary space.
Mr. Bill Walters, Past President of the Boys and Girls Club and member of the
Steering Committee for the Community Centre expressed concerns regarding the length
of the lease and the govemance model; he addressed the issue of the Club's space
requirements and the need to move to larger /newer facilities; he reviewed the options that
could be considered in meeting the space requirements 1) Increase the project budget to
build the required facility; 2) Find additional sources of revenue through leases,
sponsorship deals or food services; 3) Decrease the space requirements for the Library
and Seniors Centre; 4) Investigate the potential of having the Seniors Centre serviced by
one of the two partners.
In response to questions raised, Mr. Walters indicated that the Boys and Girls Club
could not continue its participation in the Community Centre project if their minimum space
requirements could not be met.
The Chief Administrative Officer explained that the space allocation for the Seniors
Centre was minimal and would be likely used for office space, therefore, it would be
doubtful if it could meet the Boys and Girls Club recreational needs.
Alderman Wing questioned why funds had gone into renovation of the City's Parks,
Recreation and Culture Building and if the proposed Community Centre was too far away
for easy access by Seniors.
The Director of Parks, Recreation and Culture responded that money put into their
building was minimal, with most of the work having been done by staff. She further
explained that the younger demographic of Seniors were interested and would access the
Community Centre at its proposed location.
Mr. Jim Inman, Chair, YMCA Board of Directors, indicated their support and
commitment to the Community Centre; advised that the annual subsidy provided by the
City would not be required once the Centre was opened; stated that the YMCA would
contribute $1 million to the cost of construction of the facility and $1 million to the cost of
new YMCA equipment and furnishings; would pay their fair share of capital renewal costs
once the building was opened; would fully participate and financially invest in a community
campaign to raise capital donations for the new Centre; would invest the time and talent
of their senior staff in all aspects of the project and campaign, and they would repay their
outstanding debt to the City of Niagara Falls within this current year.
Mr. Inman advised that the YMCA concurred with the staff report and were anxious
to move forward with the project.
In response to questions raised, Mr. Stephen Butz, CEO, YMCA stated that a
business plan had been submitted by both partners.
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Mr. Cam Watson, advised that he had looked at both business plans and
expressed concerns that the Boys and Girls Club, which have projected a $350,000
operating deficit, could be facing, according to his projections, an additional $300,000
deficit.
Following the discussion, it was ORDERED on the motion of Alderman Hendershot,
seconded by Alderman Fisher, that Council confirm its existing financial commitment of
$15 million dollars, its support of the proposed partnership and refers the matter to staff
for further discussions with all the interested partners. The motion Carried with Aldermen
Campbell, Federow, Fisher, Hendershot, Pietrangelo, and Volpatti voting in favour and
Aldermen Craitor, loannoni, Orr, Puttick and Wing voting contrary to the motion.
F- 2002 -16 Chief Administrative Officer Re: Municipal Accounts. The report
recommends that City Council approve the municipal accounts totalling $1,525,172.06 for
the period ending February 18, 2002.
Alderman Orr requested further information on Cheque No. 26544 and indicated
her opposition to Cheque No. 265776.
Alderman Volpatti requested clarification on Cheque No. 265781.
Alderman Orr referred to the issue of goods for services in lieu of taxes matter and
expressed her opposition to the municipal accounts.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. The motion Carried with Aldermen Craitor,
loannoni, Orr and Wing voting contrary to the motion and with all others voting in favour.
See By -law No. 2002 -43
CAO- 2002 -01- Chief Administrative Officer Crime Prevention Tourism Safety
Conference. The report recommends that the report is for the information and direction
of Council.
ORDERED on the motion of Alderman Wing, seconded by Alderman Hendershot, that
Inspector Doug Kane, be permitted to speak to the matter. Carried Unanimously.
Inspector Doug Kane responded to enquiries regarding police funding of the
conference and indicated that the police provided staffing and services in kind; he also
expressed the opinion that the police and the municipality should work together on
community policing.
During the discussion, on the motion of Alderman Puttick, seconded by Alderman
Volpatti, that the report be received and filed and that if the conference goes ahead in
September, that there be no staff involvement. There was no vote taken on the motion.
Following further discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Campbell, that the matter be deferred for a further
report. The motion Carried with Aldermen Craitor, loannoni, Puttick and Wing voting
contrary to the motion and with all others voting in favour.
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RESOLUTIONS
NO. 05 HENDERSHOT FISHER RESOLVED THAT the Council of the Corporation
of the City of Niagara Falls reaffirms the passing of By -law No. 2001 -280, a by -law to
extend the period that Interim Control By -law 2001 -25 is in effect for a period of one year
from January 22, 2002 to January 21, 2003 and also deletes an exemption to a proposed
body -rub parlour at the property known municipally as 8911 Lundy's Lane from the Interim
Control By -law. AND The Seal of the Corporation be hereto affixed. Carried Unanimously
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by -laws, and the by -laws be read a first time:
2002 -39 A by -law to appoint a Lottery Licensing Officer, repealing By -law No. 88 -186.
2002 -40 A by -law to appoint a Deputy Lottery Licensing Officer, repealing By -law No.
90 -286.
2002 -41 A by -law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
2002 -42 A by -law to refer to the Committee of Council certain matters involving
applications for body -rub parlour licences.
2002 -43 A by -law to authorize monies for General Purposes (February 18, 2002)
2002 -44 A by -law to amend By -law 79, 200, as amended, as per OMB decision dated
May 31, 1999 and numbered 1031.
2002 -45 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 18 day of February, 2002.
The motion Carried with Alderman Wing voting contrary to By -law No. 2002 -41; Aldermen
Federow and Craitor abstaining from the vote on By -law No. 2002 -43 on conflicts of
interest previously noted; Aldermen loannoni, Orr and Wing voting contrary to By -law No.
2002 -43 and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
following by -laws be now read a second and third time:
2002 -39 A by -law to appoint a Lottery Licensing Officer, repealing By -law No. 88 -186.
2002 -40 A by -law to appoint a Deputy Lottery Licensing Officer, repealing By -law No.
90 -286.
2002 -41 A by -law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
2002 -42 A by -law to refer to the Committee of Council certain matters involving
applications for body -rub parlour licences.
2002 -43 A by -law to authorize monies for General Purposes (February 18, 2002)
2002 -44 A by -law to amend By -law 79, 200, as amended, as per OMB decision dated
May 31, 1999 and numbered 1031.
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2002 -45 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 18 day of February, 2002.
The motion Carried with Alderman Wing voting contrary to By -law No. 2002 -41; Aldermen
Federow and Craitor abstaining from the vote on By -law No. 2002 -43 on conflicts of
interest previously noted; Aldermen loannoni, Orr and Wing voting contrary to By -law No.
2002 -43 and with all others voting in favour.
New Business
Policies Practices Regarding Collection of Taxes
The Executive Director of Corporate Services provided clarification on the City's
Policies and Practices regarding the collection of taxes. He explained that Council's
direction to staff had been to work with the taxpayer. He indicated that some of the
methods to recover back taxes included post -dated cheques, payment plans, rent
seizures and use of the bailiff. He stated that if Council wished to discontinue any of these
arrangements, that staff would comply, however, he predicted that tax arrears and tax
sales would increase.
The Director of Finance provided some history on the City's tax collection
procedures. He explained that staff had brought to Council's attention, tax arrears that
exceeded more than $50,000 or individual cases that warranted Council's interest. It was
stated that if the City was going to purchase a service or product already, and the vendor
owed taxes, then, the cheque for those services or product would be applied to the
vendor's outstanding business taxes, realty taxes or water account.
The Director of Finance responded to concerns expressed regarding CJRN and the
Caterer arrangements. He outlined the City's purchasing policy which stipulates that staff
has discretion unless the purchases exceed $18,000, in which case such purchases would
have to be vetted.
Council was told that between 25 to 30 tax arrears situations had been brought to
Committee -of- the -Whole since 1992; and that there have been half a dozen "sundry
contra" arrangements over time, with only two that were current.
The City Solicitor provided clarification on whether delinquent tax issues qualify for
In- Camera or Committee -of- the -Whole requests and advised that under the Municipal Act,
these were not confidential matters.
Alderman Wing requested clarification on inquiries made to staff. She was advised
that it was a longstanding policy that inquiries to staff should go through the Chief
Administrative Officer and that if it was a simple question or request, which did not require
research, then the appropriate Senior staff could respond.
Following further discussion, it was ORDERED on the motion of Alderman Wing,
seconded by Alderman loannoni, that the City policy be amended so that sundry contra
collection arrangements for tax arrears, no matter what the amount, cease immediately,
unless Council's prior approval is obtained. The motion was Defeated with Aldermen
Campbell, Fisher, Puttick, Pietrangelo,Volpatti and Mayor Thomson voting contrary to the
motion and with Aldermen Craitor, Federow, loannoni, Orr, and Wing voting in favour of
the motion.
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ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
DEAN FIIDA ITY CLERK WAN NE THOM N MAYOR AYOR