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April 13/05 Report – Part 2 of 7
(Continued from Part #1 that ended with Communications Item 5.10 "Correspondence from Ray Mulholland, Hamilton-Wentworth District School Board respecting exemption from paying park dedication fees)
6. Committee Reports
Mayor DiIanni : "Now, Councillor Whitehead, again. A Motion on the Reports, please."
Whitehead : "Moved by myself; Seconded by Councillor Samson that the Council move into Committee of the Whole for consideration of Committee Reports."
6.1 Public Works, Infrastructure and Environment Committee, Report 05-006, April 4, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Public-Works/2005/Apr04/Rep05-006.pdf )
(Mitchell / Peason - CARRIED)
Mayor DiIanni : "Thank you. And, Members of Council, the Public Works, Infrastructure and Environment Committee presents its 6 th Report and respectfully recommends Item #1" (hear councillors say carried) "2 . 6" (hear councillors say carried, as well as a glass clink) "6, on 6 Councillor, or 7?"
Mitchell : "6, Mr. Chairman, please, Mr. Mayor."
Mayor DiIanni : "So, we haven't taken a vote on 6 yet. Go ahead."
COMMENT ON - " 6. Request for Acceptance of International Waste from John C. Munro Hamilton International Airport to the Glanbrook Landfill (PW04093) - (Ward 11) (Item 9.2)
(a) That International Waste from John C. Munro Hamilton International Airport not be accepted at the City of Hamilton's municipal landfill (Glanbrook Landfill Site).
(b) That the Hamilton International Airport (HIA) be advised in writing that International Waste not be accepted at the Glanbrook Landfill Site with reasons provided in Report PW04093.
(c) That the Federal Government be requested to amend the current legislation to permit recycling programs on domestic and international flights.
(d) That the Federal Government be requested to proactively address the proliferation of unnecessary packaging in the airline industry.
(e) That a copy of this resolution be forwarded to FCM (Federation of Canadian Municipalities).
(f) That the request from the John C. Munro Hamilton International Airport with respect to international waste be referred to the Niagara-Hamilton WastePlan Committee for inclusion in the proposed new Niagara-Hamilton waste facility."
Mitchell : "The Airport waste issue. Just wanted to be noted for the public that there is a Niagara-Hamilton Waste Facility Committee designing something new for the future. And, that this request will be included in that project so that any future international waste will be able to be dealt with at that new facility. So, that is already included in the EA [Environmental Assessment] Terms of Reference there - these different subjects."
"So, I was asked by the TradePort that that was included. And, that is the case. So - "
Mayor DiIanni : "Thank you very much. All in favour of 6, then?" (hear councillos say carried) "That's carried. "7?" (hear councillos say carried) "8 . 13" (hear councillos say carried)
"Councillos Mitchell, may I have a Motion on the Report."
Mitchell : "Yes, Mr. Mayor. Moved by myself; Seconded by Councillor Pearson that the 6 th report of the Public Works, Infrastructure and Environment Committee be adopted and the Information Section be received."
Mayor DiIanni : "Thank you. All in favour?" (hear councillors say carried) "That's carried."
6.2 Planning and Economic Development Committee, Report 05-008, April 5, 2005
(http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Apr05/REPORT%2005-008.pdf)
(Whitehead / Pearson - CARRIED)
Mayor DiIanni : "The next committee is the Planning and Economic Development Committee, which presents its 8 th report and recommends Item #1" (hear councillors say carried) "#2 . #6" (hear councillors say carried and hear a glass clink) "#6 Councillor Bruckler."
COMMENT ON - "6. Option to Purchase, 81 King Street West, Stoney Creek, from Jennie Urina Dexter and Lynn Woychenko (PD05087) (Ward 9) (Item 5.6)
(a) That an Option to Purchase, executed by Jennie Urina Dexter and Lynn Woychenko on February 25, 2005, and scheduled to close on or before June 20, 2005, for the purchase of the lands described as: Part of Lot 26, Concession 4, in the geographic Township of Saltfleet, formerly in the City of Stoney Creek, now in the City of Hamilton, known municipally as 81 King Street West (attached as Appendix "A" to Report PD05087), be approved and completed; and the purchase price of $165,000, plus disbursements, be charged to the Taro Royalties Reserve, Account No. 117036.
(b) That as consideration, the amount of $2, paid to the owner pursuant to the agreement, be deducted from the purchase price.
(c) That the Director of Fleet and Facilities Division be authorized and directed to make the necessary applications for the demolition of 81 King Street West in the former City of Stoney Creek. In this regard, Council shall be considered as approving the demolition of the building under the City's Demolition Control By-law.
(d) That the costs for the demolition of 81 King Street West, estimated between $10,000 and $15,000, be funded from the Taro Royalties Reserve, Account No. 117036.
(e) That land appraisal and administration costs related to the transaction, in the amount of $6,500, be charged to the Taro Royalties Reserve, Account No. 117036 and said amount be credited to the Planning and Development Department, Development and Real Estate Division, Account No. 47702 3560150100.
(f) That the Mayor and Clerk be authorized and directed to execute the necessary documents, in a form satisfactory to Corporate Counsel."
Bruckler : "Thank you. Just by way of information, Mr. Mayor that the Item #6 relates to the purchase of 81 King Street West in Stoney Creek. It's one of the last sort of pieces of the puzzle that would allow us to move forward with the implementation of the Battlefield Park Masterplan. So this is a good thing for the community."
Mayor DiIanni : "Thank you. We voted on 6. So, that's been approved. #7" (hear councillors say carried) "#8 . #11" (hear councillors say carried, as well as hear a glass clink) "#11 Councillor McHattie."
COMMENT ON and REQUEST to be listed as OPPOSED TO - " 11. Applications for an Amendment to the Stoney Creek Official Plan and Change in Zoning, for Lands Located at the Northwest Corner of Upper Centennial Parkway and Rymal Road, in the Former City of Stoney Creek (PD05076) (Ward 9) (Item 6.5)
(a) That approval be given to the application by Loblaw Properties Limited, 2257 Rymal Road Development Corporation and 836741 Ontario Limited, owners , for Official Plan Amendment No. __, for land located within Part of Lot 25, Concession 8 (Saltfleet), as shown on Appendix "A" to Report PD05076, for a change in designation on Schedule "A" General Land Use Plan, and Schedule "A3" Secondary Plan, West Mountain Planning District - Heritage Green Section of the City of Stoney Creek Official Plan, by redesignating the subject land from "Residential" to "Shopping Centres", as shown on Appendix "B" to Report PD05076, and from "Low Density Residential" and "Neighbourhood Shopping Centre" to "Community Shopping Centre", as shown on Appendix "C" to PD05076.
(b) That approval be given to Zoning Application ZAC-04-82, by Loblaw Properties Limited, 2257 Rymal Road Development Corporation and 836741 Ontario Limited, owners, for a change to Zoning By-law No. 3692-92 to permit an expansion to the existing Fortino's store and the construction of a gas bar and car wash on lands known as Part of Lot 25, Concession 8 (Saltfleet), in the former City of Stoney Creek, shown as Blocks 1 and 2 on Appendix "E" to Report PD05076, on the following basis:
(i) That the attached draft By-law, included as Appendix "D" to Report PD05076, which has been prepared in a form satisfactory to Corporate Counsel, be enacted by City Council.
(ii) That the amending By-law be added to Schedule "A", Map No. 16 of Zoning By-law No. 3692-92.
(iii) That the proposed change in zoning conforms to the Hamilton-Wentworth Official Plan, and will conform to the City of Stoney Creek Official Plan upon approval of Official Plan Amendment No.__ .
(c) That upon finalization of Official Plan Amendment No. ___ and the implementing Zoning By-law, that the approved Highland Neighbourhood Plan be amended to reflect the designations and road pattern, as shown on Appendix "F" to Report PD05076. "
(Councillor McHattie wishes to be listed as opposed to this item)
McHattie : "Mr. Mayor, this is the expansion of Fortinos up at Highway 20 and Highway 52 - Centennial Parkway / Rymal Road. And, what's happening here is residential land that has been set aside for residential development is being used to expand the Fortinos."
"Certainly, the store up there is needed, because there's a great amount of new development up in the area. So, that's a positive thing. But, what we're - the situation here is, it's we're reinforcing another single use. Where we're in a situation where people are having to drive to a single use. And, because it was zoned residential, previously, we should be looking at developments like this for multi use, where we actually install housing and commercial in the same operation."
"It's particularly important as we look at the Places to Grow act (http://www.pir.gov.on.ca/userfiles/HTML/cma_4_35040_1.html) and our 30-year growth strategy. We're simply not going to be able to achieve the intensification targets that we're being given, unless we look for opportunities such as this to do both housing and commercial in the same location."
"So, I'm going to be listed as opposed to this please, Mr. Mayor. And, I'm hoping that staff assists us in looking for those kind of opportunities. Greyfields, where it's a commercial operation, intensifying commercial, to add residential as future development applications come forward. Thanks, Mr. Mayor."
Mayor DiIanni : "Fair enough. All in favour of 11?" (hear councillors say carried) "That's carried. #12" (hear councillors say carried) (then a number of seconds after councillors say carried, a glass is clinked) "That's carried. #13 Councillor McCarthy. Quelle Surprise." (hear some giggles from Council)
COMMENT ON - " 13. Application to Amend the Flamborough Official Plan and Zoning By-law No. 90-145-Z, to Permit an Expansion of Rural Industrial Development for Part of Lot 5, 6 th Concession Road East (Flamborough) (PD05084) (Ward 15) (Item 6.7)
That Official Plan Amendment Application OPA-02-12, The Flamborough Group, owner , to change the land use designation from "Agriculture" to "Rural Industrial- Specific Policy Area," and Zoning By-law Amendment Application ZAC-02-47, The Flamborough Group, owner , for a change in zoning from the Agricultural "A" Zone to a modified Rural Industrial "M3" Zone, both to permit the relocation of a water bottling plant and the storage and repair of crane parts on lands described as Part of Lot 5, 6 th Concession Road East (Flamborough), to the rear of 381, 383 and 385 6 th Concession Road East, as shown on Appendix "A" to Report PD05084, be approved, and that appropriate conditions of approval be brought forward to Council by staff, including but not limited to, limitations on the area of crane storage restrictions on the height of crane storage appropriate screening and buffering, and the removal of the containers presently on site:"
McCarthy : "You had to know, Mr. Mayor, that one wasn't going to get past me, tonight."
"Through you, Mr. Mayor, I'm going to take you back to the Planning and Development Committee Meeting that took place last Tuesday."
"There was a report on the table, last week, (http://www.hamilton.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2005/Apr05/PD05084.pdf) that dealt with an application in my Ward - Ward 15 - for the rezoning of from a piece of property known now as the 'Cetinski lands.' In essence, that application, that proposal, was recommended to be turned down by our Planning Department. There were several reasons for that. And, I'm going to walk Council through that. I think it's important first of all to itemize the details, because it's going to be debated to length, today."
"The first page of that report on item 6.7, suggested that in essence, the applicant had not tried to find a suitably zoned property to locate what was seen to be his crane operation. The recommendation was to turn it down - the application as a whole . " (tape stopped, sorry)
" . recommendation, the proposal did not meet the principals of the provincial policy statements (http://www.mah.gov.on.ca/userfiles/HTML/nts_1_8198_1.html) in terms of demonstrating that there are no other alternative locations for the proposed crane storage and repair use. I understand that the repair use is no longer an issue, because it was taken out of the recommendation. That said, the crane storage still is on that table."
"The proposal would not conform with the Hamilton-Wentworth Official Plan (http://www.hamilton.ca/Planning-and-Development/long-range/
official-plan-and-information-planning/default.asp) because the crane storage and repair use would not service the agricultural area. The proposal for the crane storage and repair use also does not conform with the Flamborough policies - the Flamborough Official Plan - with respect to the expansion of rural / industrial activities into the agricultural designation. That's on the second page."
"On the page after that, they note the Wetlands being environmentally sensitive areas. And, I'm going to get back to that. And, I'm going to refer to that in our hydrological, by our hydrological specialist that I've got here, tonight."
"The following page, when the cranes are disassembled - because it's been problematic in terms of by-law inspections. There's been infractions on that property - and I'll thank you Councillor Mitchell, if you could just pay attention here, a little bit - When the cranes are disassembled, our by-law staff can't tell if there's 3 or 30 cranes disassembled on that property. It's problematic from a by-law inspection perspective. I can tell you personally that the place looks like a dump site. And, this is supposed to be considered prestigious industrial lands."
"The following page, under the Greenbelt legislation, if this application was to hit the table today, none of this application would be approved. We're talking environmentally sensitive area - a very fragile water table out there. I'm going to show you press releases that I have had to release over the years because it's the first place that gets hit with drought. We've had water problems, historically, in that area, year after year after year. Our City staff have been looking at how to address it. They've been working on it pretty much full time. We've spent a fortune trying to deal with the issues in that area from a water perspective. So, keep this in mind, too. We're dealing with environmentally sensitive areas that historically have caused problems that are clearly documented."
"I'll take you to the next page. The Ontario Municipal Board (http://www.omb.gov.on.ca/) approved this industrial land once upon a time. It went against the wishes of the Flamborough Council and it was appealed to the Ontario Municipal Board. They did approve this site for a certain section of land. But, keep in mind, there was no expansion anticipated or allowed under that ruling. That's critical."
"The following page. On page 8, now. The proposed crane storage neither serves the agricultural area nor directly utilizes local natural resources. It would, therefore, not conform with either the Flamborough Official Plan, the Hamilton-Wentworth Official Plan, or the Provincial Official plan."
"There's another issue here. We've got traffic problems. We've got a country road and we have transport trucks going in and out of this site. This use, according to our planning department, would be required to comply with the load requirements of a 5-ton per axle during the period from March 1 st to April 30 th . It is not known whether the trucks associated with the delivery of crane parts would exceed this weight requirement. The use of the heavier and larger trucks associated with the new industrial use is a potential concern. I can tell you personally, it's more than a potential concern, it's a realistic concern. I get complaints about it. I know that there's problems in that area. Load restrictions - gotta tell you - with the planning and the budgets that we've been dealing with, we're going to be inundated with concerns to repair this road based on the amount of transportation trucks that go back an forth from this site."
"I'm going to take you to page 10 of the report - the original report that was brought forward last week by Council, that was over-turned. I'm going to tell you why it shouldn't have been. Page 10. If we allow this, the City is saying that it's okay to run an illegal business because we'll just approve it later. I want to say, first of all - right off the bat - I've met Mr. Cetinski. He's a very engaging man. I have no ax to grind; I have no personal vendetta, here. I find him a very engaging man. I've met him twice. I can tell you, however, as the municipal councillor for that area, that he has caused me a great deal of concern and aggravation because of non-compliance toward existing by-laws. And again, I'm going to walk you through that. I've got proof. It's documented."
"So, what we're dealing with, here, is a crane operation that's illegal. It's not only illegal on that site, it's illegal on the site that's on the 11 th concession. I've got photographs that are 20-minutes-old that suggest, well, that indicate clearly he's had an operation there. He's been storing cranes there for the past 3 years. I've had complaints in that area. Now, this is news to you, because you didn't get it last week. Not only on the site that we're dealing with for an expansion, but on the site that he's been pulling water from. Photographs - I can't tell you if there's 50, if there's 100 [cranes] there. But, you can see it for yourself. We're not getting taxes on that, either, because it's illegal, not identified. I'll go on."
" Page 13 of the report. There are in this report, 20 reasons why the staff, based on the criteria that we established, suggest that this shouldn't go forward. I'm not going to walk you through that. It's self-explanatory. Just give it a boo."
"Page 14. Water and traffic are the primary concerns that have been identified in the staff report. But, if we allow the crane storage, what we've effectively doing, councillors, is approving an illegal business, that I've got to tell you from a personal perspective is not just an aggravation, it's costly, very costly. Because, it's taking in our staff time to go out and monitor this site. It hasn't worked that well so far."
"The final page. Staff is looking at the proposed site. And, I'm getting ready. I'm anticipated that this application could be separated and we could make an argument - somebody could make an argument that the water-bottling company should be expanded. I've got a hydrological report here that is so concerning that it needs a second glance. And, I'm being kind, here."
"The hydrological report identifies that the MOE [Ministry of the Environment] doesn't even have the well records for the existing site. We're not even talking the expansion here; we're talking the existing site has not even been identified for the well. It can't even find the well records. And, in that hydrological report - and you can all take a look at it - it says that they're accepting the word of the applicant, Mr. Cetinski, I'm not criticizing his word. But, somebody should be looking to see if that's in fact what's taking place out there."
"He's saying that he's taking less than 50,000 litres of water per day from the aquifer for the existing site for the water-bottling company. Okay. I'm no expert. But, shouldn't there be some expert that takes a look at that? I think that's reasonable. Nothing in here. Nothing in here. There's no independent, non-partisan objective analysis. At the very least, you need that."
"Okay, there's more."
Mayor DiIanni : "We do have the 5-minute rule, and you're well-passed 10 minutes. Go ahead, you got a few more minutes."
McCarthy : "It's been violated several times. I think, tonight, I deserve a little, a little flexibility."
Mayor DiIanni : "I thought I said, okay, you've got a few more minutes." (hear giggles from Council)
McCarthy : "I'm submitting to Council and for the records, this correspondence on problems and violations on this property. (Councillor McCarthy submits big manila envelope to City Clerk) That's for the record. I'm also submitting to Council a letter that was written to Mr. Cetinski on June 3 rd - was delivered to him - 2002, that our inspection was done on the property. That's just one of them from our by-law department. 'I re-inspected your property at the 6 th Concession Road East, Flamborough, Ontario due to a complaint that more crane parts have been brought onto the property. Upon inspection, I've found that there are considerably more parts on that property since the last inspection of April 29 th .'"
"Okay, I want to walk you through this a little bit to suggest that if there's an opportunity, here, to monitor or mitigate concerns, it hasn't worked so well, so far."
"'In my previous dealings with you, in regards to this property, advised that the current illegal use not be intensified until the official plan and zoning applications are complete to which you agreed. I feel that you have taken advantage of the opportunity we have afforded to you by letting you keep what you have while you are in the process of the application. Therefore, I have no other option than to notify you that all crane parts must be removed until the Official Plan and re-zoning are approved and finalized. Re-inspection is scheduled for June 14, 2002. Should you have any questions or concerns about this matter, please feel free to contact me' with the phone number 'Yours Truly, Donna May Lord.'"
"That's for the minutes, as well."
"Now, I've got some photographs, here." (Councillor McCarthy has larger than 8X10 photos of places in question that she passes around Council) "That was last, that was last week. These photographs were taken last week." (points to one of the photographs as she is speaking) "This is where you're planning on putting your water-bottling company, if you allow this proposal. That's what's happening on site."
"When our residents say, 'you really have to come and take a look at this.' They mean, ya really gotta come and take a look at this."
"You're potentially putting a water-bottle company on a location that's a swamp. More importantly, they're cleaning their bottles with a chloride that's being discharged into environmentally sensitive areas. You don't have to take my word for it. All you have to do is read the hydrological report. And guess what - the hydrological report was written by their own hired guns. And they identify that. Let's call that exhibit 'A.'"
"If we want to talk about buffering, or screening, or mitigating the impact to area residents, guess what? That's what area residents are looking at. That's the crane storage and this is perceived to be prestige industrial lands?"
"There's another photograph. It shows you what's happening on site."
Mayor DiIanni : "I kind of think you've made your point, Councillor."
McCarthy : "No, I want to keep going, if you don't mind."
Mayor DiIanni : "Well, no."
"No, I'm going to step in. I think you've made your point. You've been at this for 15 minutes, now. And, I will recognize you if you want to come back and make some additional points. But, we need to see what else happens in debate. I think you made a good presentation and we certainly captured where you want to go with this."
McCarthy : "Thank you. Just a couple more questions; just a couple more. I want to answer a few more before it goes around the table."
Mayor DiIanni : "Councillor you've got a minute."
McCarthy : "I've got a minute. Last week we talked about keeping businesses in the community. My record speaks for itself about keeping businesses in this community. I'm all for it. You've got to make sure you're making the right decision on the businesses you're keeping in this community. But, more importantly than that, this gentleman, that is occupying - or suggesting that he wants to expand - he's leasing a building. So now, we're going to monitor tenants?"
"He's leasing a building. That building is going to be paid for, no matter what. The taxes have to be paid on that building no matter what. And, I've got the taxes on it - $26,000 a year. That building is paying $26,000 a year. He's a tenant in that building. That's what you're looking at. He's a tenant. He can't move an aquifer to Burlington. He's getting the water from the 11 th Concession. He's not likely to move the aquifer to Burlington. He's leasing a space on the 6 th Concession. That's what you've got here, tonight."
"You got an illegal operation, here. You've got the potential for an application in a swamp. You've got problems, historically, in that area for water. You've got environmental concerns clearly identified. You've got Flamborough Official Plans; Hamilton Official Plans and Provincial Policy Official Plans saying: not a good idea."
"They're the things that govern us; they're the policies that regulate us; they're what every application is judged by from our staff to politicians. You don't take them lightly, because if you do, what you say is that: it doesn't matter if it goes against every principal and guideline that we've been taught to uphold, you can run an illegal operation. But, if you lobby effectively enough, we'll give it to ya."
See Part #3
Starting with Council discussion after Councillor McCarthy's presentation concerning Item 13 in "Committee Reports" #6.2 - "Planning and Economic Development Committee - Report 05-008, April 5, 2005
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