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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. 2 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. 3 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 4 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. 5 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; 6 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. 7 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. 8 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. 9 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. 10 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