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2000/07/31PRAYER: SPECIAL COUNCIL MEETING AGENDA MONDAY, JULY 31, 2000 5:30 P.M. COUNCIL CHAMBERS Alderman Shirley Fisher MISCELLANEOUS REPORT L-2000-64 - Chief Administrative Officer - The Referendum Question for the Ward System. - AND - By-Law No. 2000-159 A by-law for submitting to the electors of the City of Niagara Falls a question pursuant to Section 8 of the Municipal Elections Act, 1996. FINANCE MATTER F-2000-49 - Chief Administrative Officer - Final Tax Notice Due Dates for Accounts with Commercial, Industrial, and Multi-Residential Assessments. - AND - By-Law No. 2000-160 To amend By-law No. 2000-118, as amended, being a by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2000. COMMUNICATION The Chippawa Volunteer Firefighters Association - Re: CanAm 2000 - advising that the Chippawa Volunteer Firefighters Association is hosting this International event at the Chippawa Firehall on August 19, 2000, starting with a parade at 12:00 noon, and requesting that the fees associated with road closures and permits for the day be waived. RECOMMENDATION: That the request be approved. -2- St. Catharines Standard Newspaper Article referring to Councillor Judy Casselman's remarks on the need for long-term protection for the unique agricultural lands in Niagara. - AND - City of St. Catharines - Re: Resolution - Long Term Protection for Unique Agricultural Areas within the Region and the Province - requesting that the Province through Provincial Policy provide long term protection for the unique agricultural areas both within this Region and throughout the Province. RECOMMENDATION: For the consideration of Council. PARKS. RECREATION AND CULTURE MATTER Fralick's Tavern - Restoration vs Renovation project. The Director of Parks, Recreation and Culture will speak to the matter. Legal Department 4310 Queen Street Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: Fax: E-mail: (905) 356-7521 (905) 374-7500 rkallio@city.niagarafalls.on .ca R.O. Kallio City Solicitor L-2000-64 July 31, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2000-64 Referendum Question for Ward System Our File No. 2000-204 RECOMMENDATION: For the information and direction of Council. REPORT: At its meeting of July 17, 2000, Council directed that a public meeting be held to consider putting a question on the municipal ballot for the November municipal elections regarding the elimination of the ward system. A new Act, the Direct Democracy Through Municipal Referendums Act, 2000, has set out new rules governing referendums by municipalities. Set out below are highlights of the new legislation: Municipalities can only place a clear, concise and neutral "yes" or "no" question on the municipal ballot on a matter that falls under their jurisdiction [MEA96 8.1] The result will be binding if at least 50% of eligible electors vote, and more than 50% of the votes on the question are in favour of those results. [MEA96 8.2] If an affinuative answer received the majority of the votes, the municipality shall do everything in its power to implement the results of the question in a timely manner [MEA96 8.3] ltowever, i!ii.~2~ot'~,~vi~t,~j~,fl.~a~di..,_~,t.:.i'o~9.f..',th~L~.u..~j.c. ipality to ,{1. im, i,n,a,t~,v.:..e...~~,.~t~',tj~5~Z?.~,o,'...ce.d.~,r.~..lil~9~al .right of .... 'r""'~"rf~~~n~f,ll-re~~~t~~_,k~~~,.,..~k~, [MEA96 8.3] and the following examples are set out: · the binding effect of a question is subject to the Planning Act in zoning matters if the results of a question require the passage of a by-law which requires notice to be given and at least one public meeting to be held to consider the matter before the by- law is passed, the binding effect of the question is subject to these procedural requirements and the discretion of the municipality is not constrained. If, after the public meeting, the municipality decides not to implement the results of the question, it is not required to do so [MEA96 8.3] [Please see below regarding the Municipal Act requirements for eliminating the ward system] If a negative answer received the majority of the votes,~ ~~~t~~ [MEA96 8.3] The municipality cannot ask a question on: Any matter for which the municipality does not have the authority to implement all aspects of the results of the question Any matter for which the municipality requires an action by the Province in order to implement the results of the question Any questions regarding casinos and charity casinos unless authorized by the Ontario Lottery and Gaming Corporation Act, 1999 and the regulations thereto [R.425/00] -3- A municipality that has taken action to implement the results of the question shall not do anything within its jurisdiction to reverse or substantially change the action for a period of three years following the day the action took effect Should the City wish to consider the elimination of the existing ward system, it must follow the rules set out in the Municipal Act. The following are the requirements: o The Council may pass a by-law redividing or dissolving the existing wards [MA 13] o Before passing such a by-law, the Council shall give notice of its intention to pass the by-law and hold one public meeting to consider the matter [MA 13] Within 15 days after the by-law is passed, the clerk shall give notice of its passage and any person may appeal the by-law to the Ontario Municipal Board (OMB) within 20 days [MA 13.1] o The OMB may repeal or amend the by-law or direct the Council to do so [MA 13.1] Attached to this report is a draft by-law for Council's consideration setting out a proposed referendum question. Re { ~.d by: City Solicitor. Approved by: T. Ravenda, Executive Director of Corporate Services ROK:jm Respectfully Submitted: Finance 4310 Queen Street Niagara Falls, Ontario L2.E 6X5 Tel: (905) 356-7521 Fax: (905) 356-2016 July 31, 2000 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2000-49 - Final Tax Notice Due Dates for Accounts With Commercial, Industrial, and Multi-Residential Assessments RECOMMENDATION: That August 31 and October 18 be approved as the 2000 Final Due Dates for the Commercial, Industrial, and Multi-Residential Assessments Classes. BACKGROUND: When due dates were set for the Residential, Pipeline, Faunland and Managed Forest Assessment Classes, Staff indicated that recommendations for the Final Due Dates for the Commercial, Industrial and Multi-Residential Assessment Classes would be forthcoming once the capping calculations had been completed for the 10-5-5 Program. As these calculations have been received, Staff is recommending due dates of August 31 and October 18 for these Classes. An By-law, recording these due dates by amending the 2000 Levying By-law, has been prepared for Council' s adoption. Prepared by: T.W. Manager of Revenue Recommended by: K.E. ~ Director of Finance T. Ravenda Executive Director of Corporate Services E.P. Lustig Chief Administrative Officer TWS:jd City of Niagara Falls 4310 Queen Street Niagara Falls, Ortario Chippawa Volunteer Firefighters Association 8696 Banting Avenue Niagara Fall.% ~o, L2O 6Z8 July 25, 2000 His Worship Mayor Wayne Thomson & 1Vieabets of City Council On behalf of the Chippawa Volunteer Firefighters Association, v~ cordially invite you to Can Am 2000. Can Am is a day long event celebrating the intatrational brott~lxx3d of firefighters. This year v~ are hosting this international event which is being 1-r_Jd at the Chippawa Firehall on August 19m. Festivities will start with a parade at 12:00 rcon ard proceed to the firehall where the days everis will kick off. Funds raised on this day will be donated to cities such as the Hamilton Burn Unit and the Greater Niagara G-em'val Hospital Cardiac Care Unit. At this time x~ w3uld request councils consideration at the meeting of July 31'~ to wave the fees associated with mad closures and pe4,Ldts for this day. Thank You for your comidemtion and v,e hope to see you and your families on Saturday August 19m, 2000. Sincerely, Chippawa Volunteer Firefighters Association k Unt~euity Foundation ~alling more /e $797,110 ~s Industrial ling for two : its Motion Disabilities its Integrat- nthesis Sys- ) per cent of Fhe remain- om the pri- :ial govern- ;, said Pierre the founda- . attempting y of a body agara River ered in the York State ra Parks Po- rhirlpool Jet it I p.m. not reveal male or fe- ...... ~i ~s 'Y~'":~;'~ seeing some lhfection-in ..:.there. a~'~.kn~...r:.,..re.~.~s~:ioati.~.n.~! ~a~l~'~fientwa~ meant to harrnb- : there are indications that ~e m"oai ' le .l~eof~ddef~ , . p ... "h .s~..~..-.~ ..~....'.. ,. ,' ,¢..t,... '%..' .... · ~mm ~d A~-F~ds ~nada · A~ore~at~soaRa~eleamof lem~atwe' p~:~ ~ .~;71~'~,~,',; . ..,. C:::.:.:;~ ., :;.Y' '7:, · '. Wic ' ~n~ e~en JoM No~er said ~e ~, de~ ~d~ coa~ ~e 'Staff s~id so~e chemi~Is ~s~d~ '~. 6 "". : ;' ". ., , ' happening here, where the spray is If~aed, ~e ~pe ~ us leg. . g · .. 6 ......-:...y: -:::. ~..'::.., ... , ,. . . , . t , .:...,:;,:;.~ ,,-.}.'. L ..~.. · '.;.... , ~ " ' %,:':,::,'eL/' v.' ',;:., :,:.~,' ', ..:. ." urea ban onfa land/'d :eDPmenr . .- .. ,. · '.... '..:.. ::~>'{ . cited ~ith~d, ~g ~.~-~ -.,-.,. ......~ ......~ ......~ ..~pd~~: Napa Vallq ' urban develop- ;':s~d Casselman;:: ,Sin~e th~n,' Napa ha~ .become the ~ampIeofhow m~nttake~valu-. ,'.'b&~au~e.theyar~ ' ' rk abl~ acreage out -.~ pro't~e~'gd frO~', .'~g'~d~~.,..- ',' . ' r~fflcao~ ca d pmdu~on and ' ~ "~frO~t by'th~ ~I~ :'' "~t ~k ~ ~e~a~ na~ ~ o growing lahd that supplies the fruit "It jolyed ~e ,n- e>?,~B'~'e~!~i~ ~.: a~Za a~4/.. 'G,m~,"~; :'*~'l~de." . sho~d ~ protea~d, say St. Ca~aes to action,' ex- ;~, ' ..... K~' ~i~ ~ al land from de~" ':' ,~~Offa~f ~e m~ - ci~ cou~cinors aSreed to ask the~ r e ~ t. ~ d .;~ ~.- ' ' ~ .-~;;~ti~7 ~ techo~' was 't~i.%'%'-"'~bm:~'~}~','~-;, .:.."' ." on Nia~'s~que~d--~' idea to Councfi, B~ ~- ' ~[. Cass~lman mii~"~a~'a~ ""in~w~h~ · · . · · '_ ~ · i~:. '~. ': ~ .i!: '. ~ ." ' ' '. .... : "; "'" ' ~ "' ' who is both celebrating me 2Sin an- pm~ce2~ook ~''' ?'~ 'L-"~.'~' "'; v..--L~- ,--,-., be Some'S0it 0[" m~dp~d ..... .-,'' ; .. ~ of ~ W~ ~ ~ek debate, . ' ' r~ rescue study' she said ~d a s~te~ d~b 'qes inter~ng t5~ timing of ~h s ~d wo~ng about the indus~s ~- into ~ea~ng an a~iSulm ~p l~ds" o ed' . ~: · : ..., :,.'" m~o~;'~d, '~i~ 's~en~e O~' ~e. . .. on l~s ~at ae ,eo~ P . ' ~a;selman pam~ to' c~o~a,s Ni::- ~0~ei:(~g Fonts ~ a lener he rote to ~er M~ she stud.. be on ~ l~ds ~at pa V~ey ,whi~: Slapped ~n~nt;.de- ' { '~: .v,,'; :.L7 ,:;~t:. '~ ~ ~' ':5: ~-:""· .,..,.~ /;}r:{5" . · . proposes bridg The group expects other developers m act sign on to the project, which could see a ) million plaza ofbusinesses and services cateringN.Y. to truckers established along a broad That project calls for a two-lane truck LP corridor. While revealing few details, gateway to be built atop the Whirlpool n Truesdale said the Bridge, accompanied by a one-lane rail- ,_ , .......~ ,, ~?,."/,*t~~ way crossing. Arterial roads would be Di au ~tenlenus [cures as k.~u next caslon-mam.ng ooay or ~or~." Monday in the ~dst of nego~a~ons Clemen~ said he will suppog any ~th the St. ~aHnes ~ to en- administration model the YMCA tera service:sharing arrangement ' ~d~s~. · at ~ght see the Garden Ci~ CEO '~Personally, rm ~ery much' provide similar expertise in favourofcombi~ng~e s~n~of Welland.. all the ~C~ in the area. A shared In the ~te~, Clemen~ says a 1o- CgO ~ a step ~ ~e Hght d~0n." ~ of~c~ m~ager g be appo~ted A retirement party for Clements to ~ out aay-to~ay o~ra~om b~- g ~e place today at ~e C~a Del ~een Aug. 1 ~d Sept. 30. . TOro Ramada on Niag~ .S~e~t.' ~e "A d~cisiOn on my replacement is event ge5 under Way at 5 p.m.' '. , . CONTI~H~D ~OM PA~E / ............; ................; ................~ ................................. ~b~ ~ion onto g~d) wN~ West St. Catharines fruit farmer sees the shod-sighted, Homer Simp- Doug git~ also suppo~s specialS' ~n, sm~-tg mayo5 of Nigh get- agricultural protection, as long as ~g ~ek ny ~d d~g g ~e- ge5 ~ g ~ a plac~ble r~ce.." '~e ha~ m ~ ~M not w "~e pro~ place for de~lopment ~ t~ mu~ ~e fge5 ~t ~e gg ~ ~e mu~" added ~or a~e stay On ~e land," s~d g~ "They ~mas. If. the pro~nce can impose a n~d m have ~me ~dom'~ de~lop- sped~ aop land res~c~on on the ing yalue-added prOduc~ ~om their ~uable l~d below the ~ment, ~u~em N~g~ m~dp~ ~ ~ '~e rgy long-ten'preSton of able W ab~ new ~, he ~d. gd~ aop produ~On g de~nd Paul Speck, president of Hen~ of more on economic ~abili~ of fares P~m W~e~ ~ w~t St ~, ~ le~la~on." a~ ~t p~g t~der-~t lud ~s~ g ~e ~ ~ ~gh~ ~-"~ aceH~t idea," but it m~t ~me ~d ~e H~ ToH~ ~ght ~ ~ a de~ed pl~ to redden devel- m pwt~ ~e en~ment opm~t e~where. She ~ to l~t mon~'s uu~ de- "It h~ to be pm of a l~ger d~cus- ~iog to mj~ ~e New Wo~d sion ~t h~ to t~e place," s~d Sg~ Cen~e, proposed for Nia~ ~- ~d he agrees ~at ~e pro~ce'g in ment 1~, as pr~f H~ ~ght be ~e best position to lead it "b~cause prepared to protect Niagara's farm- some tough decisions have to be l~d,t~. made." "Th~ ~ a great ~ing," s~d Speck. g pr~ident of'~e W~e ~ of "We have ~ OP~g~ w ~te Onto, Sgck says he hopes w have ·incredible plan here that would be ge co~d mg~. ~ a supDn- geat for ~e ~ re,on. 'We haven't ~g ~Si~on ~ wen. - .. ~d me ~at g~." .- OR~ . DoUble ;79 ' ' ".. , .' Queen $99 ca. pc. Ho~ ~-T~S.-W~-~. 9-5~0, ~s. & F~ 9~9 w~ ~ ~. ~, ~a~, ~ ~, Fi~i~ A~lable Or R~T~ Conference organizerS ' hope to raise awardness about RSD syndrome By AIMSON LAWLOR Standard Staff, . -he aim of a three;da'y coherence Tnow 'under way in Toronto is to shed ligh~ on an tincommon dehhkat-y i~ ~ease. 'q~here ~s very I/tale L~'ormati0n on RSD," said Helen Small, a c0mrerence organizer, "Doctors aren't educated, They don't lmow how to recog~zize it or c~a~nose it," · The cofference, wMch started t~>day, is .a~ effort to help provide doct0~s with more information on Refie~ Sympa- thetic Dystrophy Symimme 'CRSD), Smut1 e_x-~cts between 100 and 150 people to attend the thmeday'meeffi~g, The St, Catharines resident, who suffers E~om the s3mdrome, is the On- tario contact for the Canadian RSD network. The network, along with the RSD Association of Ontario and the · Reflex Sympathetic Dystrophy Syn- drome Association of America, orga- nized the conference. Speakers in- clude medical experts from the U.S. and Europe. ropn about debili d~n," three drom( cured. The nkq. tes ofpeo Regioi the re sprain Foll, body norm; who C body's is debi The disord toms and o area, ability Sym but body s "Th~ with tl Motrid have to point my finger at our'man- spray J darins in Ottawa. They don't want to would give up their bastion. They're accept- the m ing the American '{test) results to a damag point, but not the way it was intend- The ed.' ' ' milder The .powdery mildew problem m Ni- crop ir agara this year is compounded by the concer wet weather this summer. A sr~ The best rime to spray vineyards to ernme! protect against the mould is in the operat three-week period from first bloom to has sh~ · trol sitt spraying between June 20. and the first crop is week of 3uly, a period when it rained are ind · consistendy. an esp -"We are having a season in which mould disease problems are not being con- "I th trolled as they should," said Helen is goin Fisher, a University of Guelph viticul- a pest turnlist stationed m Vineland. "But it isprovir because of the season we are having. It Food a is not a control problem. going ~ "All the rain we had in June didn't some s help." Joh~ Even on days when it didn't rain, Grow< grape farmers had little chance to price FIG. FriLLS CLERKS' 0('-] 0?~'7 16 ~.'~ H'BM NO. 287 Motion Re: Long Term Protection for Unique Agricultural Areas Within the Region and the Province File: 35.2.2 COLTNCILI ,OR KATZMAN DECLARk'~ A COLNFLICT OF rNT~cREFkT (Pecuniary) to Item Number 287. COUNCIlJ,ClR PATRIOUIN DECLARED A CONFLICT OF IN3:EKEST CPecunimy) to Item Number 287. MOVI~.D BY COUNCrr,LOR CARgleCt,MAN~ SECONE)E! · BY COUNCILLCIK WILLIAMSON: Whereas the unique agricultural lands in the baagara Peninsula capable of growing tender fruit and lS~apes are a limited and irrepla~,eable resource; and whereas the availability of land is considered to be a major limiting factor in the expansion of the tender fruit industry; and whereas in recent years we have seen tremendous competition betv~een Tender Fruit growers, grape growers and greenhouses which is forcing fruit growers to look at lower quality lands outside of our Region; and whereas the Provincial Government in 1997 removed the protection for unique agricultural lands and provided opportunities Ibr Municipalities to expand their urban areas if there wcrc no reasonable alternatives; and whereas pressure for continued urban growth is placing tremendous pressure on our lirnitext supply of unique agricultural land; and whereas other jurisdictions in North Anxerica such as Napa Valley in Cnllfornia are rcooglni~ing the need to prese~te their nnlque agricultural lands for the long term; Be it resolved that St. Catharines Council request that the Province through Provincial Policy provide long t~iax protection for the unique agricultural ereas both within this Region and throughout the Province; and further, that a copy be forwarded to the Regional Municipality of Niagara, local M_P. and M_P .P.s.