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2006/02/06SECOND MEETING IN CAMERA SESSION Council met on Monday, February 6, 2006 at 6:50 p.m. in an In Camera Session. All members of Council were present. Alderman Volpatti presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. REGULAR COUNCIL MEETING Council met on Monday, February 6, 2006 at 7:30 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council were present. Alderman Carolynn loannoni offered the Opening Prayer. Mayor Salci introduced Denyse Morrissey, the new Director of Parks, Recreation and Culture and welcomed her to the City of Niagara Falls. ADOPTION OF MINUTES Alderman Diodati indicated that under new business, Downtown Development, the Region of Niagara be included. Alderman Wing advised that on the Heritage Master Plan report, the Municipal Heritage Committee's connection to provincial legislation be acknowledged. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the minutes of January 23, 2006 be approved as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 February 6, 2006 Council Chambers February 6, 2006 Alderman Campbell indicated a pecuniary interest to cheque no. 298896 which was issued to himself. Alderman loannoni indicated a pecuniary interest to cheque no. 299103, her husband was the recipient. DEPUTATIONS /PRESENTATIONS 4th Annual "Strike Out Violence" Bowling Tournament Joe Talarico and Inspector Brian Eckhardt both Co- Chair's of the Bowling Tournament gave an overview of the upcoming event. Proceeds from the tournament will help fund Nova House Niagara Falls and Welland locations. ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati that the Council enter a team into the tournament and that 2 passes for Legends Golf Course be donated by the Mayor's office. Carried Unanimously 2 February 6, 2006 PLANNING MATTERS PD- 2006 -07 Chief Administrative Officer: Public Meeting, Proposed Amendments to the Community Improvement and Environmental Quality Policies of the Official Plan. File: AM- 28/2005 The report recommends that Council adopt the proposed amendments to the Community Improvement and Environmental Quality policies of the Official Plan, subject to comments that may be received at this public meeting, and that they be forwarded to the Region for approval. The Clerk advised that a public meeting was now being convened to consider amendments to the Environmental Quality and Community Improvement policies of the City's Official Plan. He advised that Notice was given through newspaper publication in accordance with the Planning Act and by prepaid first class mail on January 6, 2006. The Clerk informed that anyone wishing to receive notice of the Passage of the Official Plan Amendment shall leave their name on the sign in sheets outside the Council Chamber. Luciano Piccioni of RCI Consulting gave a presentation and outlined the proposed amendments to the Community Improvement and Environmental Quality policies of the Official Plan. He advised that the policies will held promote brownfield redevelopment while ensuring contaminated sites are properly remediated. The policies apply across the municipality and are some of the most progressive and highly protective policies in the Province. Mayor advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Mike Cushman, 6246 Arad Street, Niagara Falls, felt that testing should be done by the government not independent companies. Mr. Piccioni outlined the Provincial regulatory regime, the standardized reporting, MOE audits and the public environmental site registry. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the report be approved as recommended. Carried Unanimously PD- 2006 -08 Chief Administrative Officer: Public Meeting, Zoning By -law Amendment Application, AM- 36/2005, 5165 Palmer Avenue. Applicant: Dariusz Tymejczyk, Agent: Wayne Thomson. Proposed Medical Clinic. It is recommended that Council approve the Zoning By -law amendment application to permit the existing building to be used as a medical clinic; and the amending by -law contain provisions regulating access and landscaping at outlined in this report. The Clerk advised that a public meeting was being convened to consider a Zoning By-law Amendment Application for a Proposed Medical Clinic. He advised that Notice was given by First Class mail in accordance with the Planning Act on Friday, January 6, 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information. Planning Analysis Official Plan 3 February 6, 2006 The property is designated Residential in the Official Plan. Although residentially designated areas are intended to be used primarily for residential dwellings, ancillary uses may be permitted provided they are compatible with the residential environment, and do not generate a significant amount of traffic. Institutional uses have existed on this property for many years and a degree of compatibility with the surrounding neighbourhood has evolved. A medical clinic is not a use that typically causes a nuisance to nearby residential uses. The clinic will remain compatible provided the building is not expanded and the existing landscaping is maintained and enhanced. The site is appropriately located at the edge of a residential neighbourhood, adjacent to the former Michigan Central Railway. The implementation of zoning restrictions and site plan control will help to ensure a compatible arrangement of land uses. Traffic services are satisfied that the clinic will not generate a significant amount of traffic or significant impacts on the surrounding street network. To ensure that traffic is directed toward Palmer Ave. and not the local street system, the existing access from McGlashan Cres. should be restricted to emergency access purposes. Zoning The property is zoned Institutional (I) This zoning provides for a range of institutional uses such as a nursing home, place of worship, sanatorium and a senior citizen's home. A medical clinic is similar to these uses and therefore is considered appropriate for this location. Zoning By -law No. 79 -200 requires 3 parking spaces for each of the 5 practitioners working at the clinic. The parking identified on the site plan fulfills this requirement. To ensure that the property is maintained in a manner and at a scale that is compatible with the surrounding residential uses and that access is restricted to Palmer Ave., it is recommended that the amending by -law contain the following: Restrict the use to the existing building only; Require landscaping generally as shown as existing on the site plan; Restrict the access from McGlashan Cres. to emergency vehicles only. Site Plan Control The property is subject to site plan control. Approval of a site plan will guarantee the following: Provision of proper circulation on -site to ensure traffic will enter and exit only onto Palmer Ave. This involves augmenting the one -way driveway entering from Palmer Ave with a one -way driveway exit along the north side of the building. Ensuring proper drainage and parking lot surfacing to enhance the appearance of the site. Protection of existing landscaped areas and the provision of landscaping along McGlashan Cres. Ensuring the access from McGlashan Cres. is restricted to emergency vehicles only with bollards and chain. Conclusion 4 February 6, 2006 Ensuring proper disabled access is provided. Comments from the Municipal Disability Committee should be obtained. Ensuring compatibility with surrounding residential uses should change in use or ownership occur. The requested amendment to permit a clinic on the property can be supported for the following reasons: The use is similar in nature and scale to other uses permitted under the Institutional Zone. The property will be maintained in a manner compatible with surround ing residential development as the building is not being expanded and only minor changes to the site are necessary. Site Plan control shall be used to ensure that the site is maintained in a form compatible with surrounding neighbourhood uses. It is recommended that: 1) Council approve the Zoning By -law amendment application to permit the existing building to be used as a medical clinic; and 2) The amending by -law contain provisions regulating access and landscaping outlined in this report. Mayor advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Perry Wais, 5134 McGlashan Cres. Niagara Falls, expressed his concern with the fence on the property and the access to his driveway. Mr Wais owns the property behind the Palmer Avenue building. Wayne Thomson, agent for the applicant, indicated that he agreed with the report with the exception of the site plan that be believed was not needed as there is no expansion to the building being proposed. Mr. Thomson advised that the applicant will make improvements to landscaping, will re -line the parking lot, a chain will restrict McGlashen Crescent access and there are no plans to move the fence. Mr. Wais will have to consult a lawyer regarding the specifics of property ownership. Mr. Thomson reiterated that the property would be utilized as a medical clinic with no overnight stays. Mayor Salci declared that the Public Meeting with regard to AM 36/2005 is closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti to approve the report as recommended. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco to have the Niagara Health Deputation moved up before the Communications. Carried Unanimously DEPUTATION RE: NIAGARA HEALTH MATTERS Kim Craitor, MPP, Niagara Falls, outlined the issues surrounding health care in the Province. Dr. Craig Muir, Surgeon, Clinical Utilization Program and Frank Demizio, VP of Clinical Services at GNGH made a presentation to Council outlining the utilization of medicine, surgical beds and hospital accountability. The NHS continues to seek out opportunities to work with health and community partners to improve healthcare for Niagara residents. They stressed that NHS is committed to Quality Patient Care. Heather Cross, a registered nurse for over 30 years was representing the Ontario Nurses Association. Ms. Cross noted that the nurses' union was part of the utilization committee. She questioned, however, what the NHS was going to do about the aging and depleting pool of nurses Dr. K.N. Reddy thanked Council for taking an interest in how the Niagara Health System operates. He commended Dr. Muir on his utilization efforts but cautioned that at some point you can not cut too much. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that a committee of the Mayor and interested members of Council be formed to meet with local doctors and nurses, within a month, to create a plan to put forward to the Ministry of Health and our local M.P.P. to keep the beds slated for closure at the Greater Niagara General Hospital open. Carried Unanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that the committee consist of the Mayor, Alderman Volpatti, Morocco and loannoni. Carried Unanimously Alderman Wing left meeting for the night due to illness. Mayor Salci delivered the state of the City address. He outlined the Council's commitment to infrastructure, the opening of the Community Centre and various developments and his efforts working with other municipalities to increase development along out major highways. Mayor Salci advised that the following letters of condolence were sent to the family of the late Barbara Scott, a former City employee; to the family of the late Leonard Bonk who's son Ken works for the City's Fire Department and to the family of the late Dr. Nicholas Pohran who was a longtime physician and Coroner. Mayor Salci advised of some recent events: the opening of Train Station Antiques and the First Niagara Scout Hut. Also, the announcement of Cirque Niagara, an attraction slated for this summer. Mayor Salci advised of some upcoming events: the Mayor and Council's Chili Cook Off being held at the Optimist with proceeds going to Project Share. On February 10 the 2006 BEC partners breakfast will be held at the Sheraton Fallsview and Provincial Minister of Education Gerard Kennedy will be the keynote speaker. 1. Municipal Heritage Committee requesting that February 20 to 26 2006 be proclaimed as "Heritage Week" in the City of Niagara Falls. -AND- 5 February 6, 2006 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK PD- 2006 -11 Matters Arising from the Municipal Heritage Committee Meeting January 25, 2006 6 February 6, 2006 2. The Easter Seal Society requesting that March be declared "Easter Seals Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Congenital Heart Defect Awareness Day a request to declare February 14, 2006 "A Day for Hearts: Congenital Heart Defect Awareness Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the communication 1 to 3 be approved. Carried Unanimously 4. Niagara Falls Lightning Gymnastic Club requesting consideration of participation and sponsorship for the Club's 2006 Americana Invitational event. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni to receive and file the communication. Carried Unanimously 5. Council of the Corporation of the City of Port Colborne a resolution on property tax and assessment issues requesting the Province of Ontario be requested to provide relief and remedy for working families and seniors who are hardest hit by unacceptable spikes in the cost of living and by the likely property tax increases. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco that the resolution be supported. Carried Unanimously 6. HR- 2006 -02, Bill 206 An Act to Revise OMERS RECOMMENDATION: For the Information of Council ORDERED on the motion of Alderman Volpatti and seconded by Alderman Kerrio that the report be received and filed. Motion Carried with Alderman Pietrangelo opposed and Aldermen loannoni and Morocco declaring a conflict. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS Report BDD- 2006 -02 was deferred from Community Services to open Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the actions taken in Community Services, on February 6, 2006 be approved. Motion Carried with Alderman loannoni declaring a conflict on report MW-2006-15. 1) That the minutes of the December 12, 2005 meeting be approved. 2) That Council receive the report as submitted by the Board of Directors recommending the creation of a merged company for Peninsula West Utilities and Niagara Falls Hydro, subject to the exemption of the transfer tax. 3) That the Metal Gate System be installed on Unopened /Unimproved Road Allowances. 7 February 6, 2006 4) That a crossing guard be placed at the intersection of Thorold Stone Road and St. James Street and the 2006 Crossing Guard Budget be increased by $4,700.00. 5) That the Weightman Bridge Deck Condition Survey and Pre Design Analysis Update Report be received and that staff be authorized to retain a consultant to complete the engineering design. 6) That the Environmental Study Report for the Welland River Watermain Crossings Municipal Class EA be received and approved. 7) That the City of Niagara Falls reaffirms its decision of August 29, 2005 being that the control of the distribution and collection systems for water and wastewater respectfully remains with the City of Niagara Falls. That the City of Niagara Falls supports the current two tier arrangement for the delivery of such services in Niagara and to continue to work cooperatively with the Region of Niagara to deliver water and wastewater services using "Best Practices." That a letter be sent to the Minister of Public Infrastructure and Renewal as well as the area municipalities indicating the City's support for the current two tier arrangement for delivery of water and wastewater services and its opposition to recommendation 4.9 of the Provincial report, "Water Tight a Case for Change in Ontario's Water and Wastewater Sector." 8) That the Legal Division reviews the recognition of the Glenview Residents Association. 9) That the Parks in the City Committee investigate participation in "Pitch in Week." 10) That the Service Delivery Review Committee carries out a review of By -law Services and a report be prepared by staff on the adequacy of staffing and budget levels. BDD- 2006 -06 Clarification Regarding OPG Funds Tourism Marketing Promotion The report recommends that Council approve report BDD- 2006 -01 and the additional request from Niagara Falls Tourism to direct $50,000 of the OPF funds to the sponsorship of Rendevous Canada. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti to approve the recommendations allocating OPG funds to the Niagara Falls Casino Marathon, the hosting of a major television broadcast, promotion and education of the Hydro Tunnel project and the contingency fund for promotional and marketing opportunities. Carried Unanimously ORDERED on the motion of Alderman Campbell, seconded by Alderman loanonni that the dollars toward the world -wide tourism website be deferred until the Niagara Falls Tourism budget is received. Motion Carried with Alderman Volpatti opposed and Alderman Kerrio and Morocco declaring a conflict. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati to direct OPG funds to the sponsorship of Rendevous Canada. Motion Carried with Alderman loannoni opposed and Alderman Kerrio and Morocco declaring a conflict. 8 February 6, 2006 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. Alderman Campbell requested that F- 2006 -07 be voted on separately and Alderman Diodati requested that HR- 2006 -01 and R- 2006 -07 be voted on separately. F- 2006 -08 2006 Interim Tax Levy. It is recommended that Council approve the 2006 Interim Tax Levy calculation; and the passing of a by -law providing for a 2006 Interim Tax Levy. F- 2006 -09 Municipal Accounts. It is recommended that Council approve the municipal accounts totalling 4,845,520.00 for the period January 11, 2006 to January 24, 2006. L- 2006 -03 Request for Clarification of Comments made by Ms. Italia M. Gilberti regarding the Architectural Peer Review and the Tourism Policy Review Implementation Status. It is recommended for the information of Council. MW- 2006 -11 Grassy Brook West Sanitary Sewer System Detailed Design Consultant Agreement. It is recommended that the City Council engage the services of Philip's Engineering Ltd. to prepare the detailed engineering design for the Grassy Brook West Sanitary Sewer and Pumping Station Project at an upset limit fee of $262,543 (plus G.S.T.), and further that these fees be funded in full from the Development Charges Reserve Fund and that Council authorizes the Mayor and City Clerk to sign an agreement with Philip's Engineering Ltd. MW- 2006 -09 Contract 2005 142 -04 Stanley Avenue Trunk Storm Sewer Ferry Street to Murray Street. It is recommended that the contractor (Alfred Beam Excavating Inc.) be retained to perform the works of the Stanley Avenue Trunk Storm Sewer for the amount shown below and that Council authorizes the Mayor and City Clerk to sign an agreement with Alfred Beam Excavating Inc. MW- 2006 -12- Future Mewburn Road Park Grading Services 2004 135 -03 Contract. It is recommended that the unit prices submitted by the low tenderer, V. Gibbons Contracting Limited, be accepted and the financing of this project from the 2006 and 2007 Municipal Capital Projects, be approved and that Council authorizes the Mayor and City Clerk to sign an agreement with V. Gibbons Contracting. MW- 2006 -20 Contract 2006 -04, 2006 Asphalt Patching City Wide. It is recommended that the contractor (984265 Ontario Limited, Circle P Paving) be retained to perform the works of the 2006 Asphalt Patching Contract for the amount shown below and that Council authorizes the Mayor and City Clerk to sign an agreement with (984265 Ontario Limited, Circle P Paving), and that the Municipal Works Capital Budget for 2006 Asphalt Patching be pre- approved by council in the amount of ($457,555.00) PD- 2006 -09 Participation as a Partner for Grant Funding to Showcase Area Brownfield Sites for Redevelopment. It is recommended that Council support the City's participation as a partner with Niagara Region, Niagara College and other area municipalities in an application for Green Municipal Funds, and if the application is approved, the allocation of $6,000 for the project. PD- 2006 -10 Information Report Places to Grow Proposed Growth Plan for the Greater Horseshoe Ministry of Public Infrastructure Renewal. It is recommended that Council receive the report for information purposes. 9 February 6, 2006 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the recommendations in the Consent Agenda be approved. Carried Unanimously F- 2006 -07 Property Tax Deferral for Low- Income Seniors and Low Income Disabled Persons. It is recommended for the information of Council. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the report be received and filed. Carried Unanimously HR-2006-01 Recognizing Employee Excellence It is recommended for the information of Council. ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni that the following ideas be taken back to the committee: 1) that a supervisor not be required to endorse the nomination and 2) that the nominations could be made by members of the public. Carried Unanimously R 2006 07 Amendment to the Municipal Alcohol Risk Management Policy It is recommended that City Council approve an amendment to the Municipal Alcohol Risk Management Policy which designates all multi purpose programming spaces in the MacBain Community Centre to be suitable for special occasion permit functions. ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni that events requiring a Special Occasion Permit for the Community Centre be brought to Council for approval. Carried Unanimously ORDERED on the motion of Alderman Campbell, seconded by Alderman Diodati that the meeting proceed past 11:00 p.m. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Morocco that the by -laws be given a first reading. Carried Unanimously 2006 -26 A by -law to establish Part 1 on Reference Plan 59R -12953 as a public highway, to be known as and to form part of Dorchester Road. 2006 -27 A by -law to provide an interim levy of realty taxes. 2006 -28 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2006 -29 A by -law to authorize the payment of $4,848,520.00 for General Purposes. 2006 -30 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6 day of February, 2006. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the by -laws be read a second and third time and passes. Carried Unanimously Twinning St. Catharines Junior "A" Proposal Heritage Niagara MP Rob Nicholson 10 February 6, 2006 NEW BUSINESS Bi- Centennial of War of 1812 Committee ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati for staff to investigate the justification of this committee and report back. Carried Unanimously ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni that staff prepare a report on the economic impact of twinning. Carried Unanimously A discussion occurred regarding the recent Junior "A" hockey team proposal in St. Catharines and past expressions of interest for such a team in Niagara Falls. ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni that staff contact appropriate proponents and advise them that Council is interested in meeting with them to discuss the possibility of a Junior A team in Niagara Falls should the proposal fail in St. Catharines. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that background information on Aaron Litchman's Investment Group and their past investments be provided. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that a letter of congratulations be sent to Rob Nicholson MP on his election victory and appointment to cabinet and that an invitation be extended for him to attend a future Council meeting. Carried Unanimously ORDERED on the motion of Alderman Kerrio, seconded by Alderman Pietrangelo that the meeting be adjourned at 11:35 p.m. Carried Unanimously Carried Unanimously Carried Unanimously DEAN IORFJ-DA, CITE CLERK R.T. (TED) SALCI, MAYOR