2006/02/20THIRD MEETING
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
DEPUTATIONS /PRESENTATIONS
Council Chambers
February 20, 2006
Council met on Monday, February 20, 2006 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman loannoni, Volpatti and Wing, were present. Alderman Jim Diodati offered the
Opening Prayer.
Mayor Salci advised that Alderman Janice Wing would now be on reduced duties
for medical reasons associated with maternity.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Morocco
that the minutes of February 6, 2006 be approved as printed Motion Carried
Mayor's Youth Advisory Committee
Patricia Dunn (Chair) and Monica Blaylock (Vice- Chair), Mayor's Youth
Advisory Committee made a brief presentation to Council outlining the Committee's
activities to date and advised of some upcoming events. They expressed their appreciation
to Council for their continuous support.
Mayor Salci indicated that the Mayor's Youth Advisory Committee has been
nominated for a Community Leadership Award, also one of the committee members will
be attending the Rotary Club's Adventure in Citizenship Program in Ottawa.
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Salci advised that a letter of condolence was sent to the family of the late
Julie Hart, wife of Bryan Hart.
Mayor Salci advised of some recent events: the Big Brothers Big Sisters Bowl for
Kids Sake and the Community Kitchen Annual Fundraiser. Upcoming events mentioned
were the Annual Tender Wishes Fundraiser and the Niagara Falls Chamber of
Commerce's Outstanding Achievement Business Awards.
Mayor Salci advised that today was Federal Heritage Day and the winner of the
Niagara Falls Most Notable contest, sponsored by the Board of Museums is George
Bukator.
2 February 20, 2006
Council Minutes
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. The Fresh Air Fund request that March 20, 2006 be proclaimed as "Fresh Air
Fund Day" in the City of Niagara Falls
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco that
the communication be approved. Carried Unanimously
2. Ministry of Transportation Dedicated Gas Tax Funds for the Public
Transportation Program.
RECOMMENDATION: Council pass the by -law on tonight's agenda.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco
that the communication be approved. Carried Unanimously
3. Niagara Health System Correspondence from the Chairman and President and
C.E.O. regarding their organization's deputation of February 6 2006.
RECOMMENDATION: For the information of Council
ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati that
the communication be received and filed. Carried Unanimously
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati
that the actions taken in Community Services, on February 20 2006 be approved.
Carried Unanimously
1) That the minutes of the February 6, 2006 meeting as amended be approved.
2) That a "No Heavy Vehicle" restriction at all times be installed on Robinson
Street between Main Street and Allendale Avenue.
3) That parking be prohibited at all times on the west side of Confederation Avenue
between Thorold Stone Road and Crawford Street.
4) That staff be directed to proceed with the installation of permanent traffic signals at
the intersection of Victoria Avenue and the Niagra River Parkway in cooperation
with the Niagara Parks Commission,
and further that the ownership of the existing storm outlet for Victoria Avenue be
secured via an easement through Niagara Parks Commission lands.
5) That staff prepare a report on the site plan for the plaza on Thorold Stone Road and
Confederation Avenue.
3 February 20, 2006
Council Minutes
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Morocco
that the actions taken in the Corporate Services Committee, on February 13 2006 be
approved. Carried Unanimously
1. That the minutes of the January 16 meeting be adopted as recorded.
2. That the proposal from the Boys and Girls Club of Niagara be referred to staff for
their recommendations.
3. That the deductible levels for the General Insurance Policy as they relate to
automobile, property, boiler and machinery, be maintained for the 2006 year.
4. That Report F- 2006 -12 Regional Taxes, be received for information.
5. That the request from the Willoughby Volunteer Fire Fighters Association for an
interest -free loan for fire hall improvements be referred to Staff.
6. That the correspondence from resident Wendell Palmer expressing concerns with
the Humane Society, be received and filed.
7 That Council be provided with a copy of Report PD -93 -126 on the Community
Impact Agreement.
8. That the CliftonNictoria intersection go back in the 2007 debentures.
9. That the Rail Grade Separation for Morrison Street go back in the 2007 debentures.
10. That the amount of $48,964 be restored to the social agencies of Heart Niagara,
GNGH Foundation, Project Share, Women's Place and YWCA.
11. That the 2006 Budget be referred back to staff for further review.
12. WHEREAS the Downtown Community Improvement Plan (CIP) was approved by
Niagara Falls City Council (Council) on December 6, 2004 and by the Ministry of
Municipal Affairs and Housing on March 11, 2005; and
WHEREAS the CIP stands on its own merits but also contains a synthesis of three
previous reports: background and vision report (November 2003), land use and
urban design framework (April 2004) and financial incentive programs (April 2004);
and
WHEREAS Council reaffirms the finding set forth in the CIP that "downtowns are
the functional and symbolic heart of the community." (pg. 1); and
WHEREAS Council also reaffirms the finding set forth in the CIP that "a healthy,
viable downtown is important to the economic health, civic pride and history of a
community." (pg. 1); and
WHEREAS Council reaffirms the finding of the CIP that "a strong downtown
increases the options and opportunities for residents to obtain goods and services."
(pg. 1); and
WHEREAS Council reaffirms the finding of the CIP that "a strong and vibrant
downtown is also a symbol of a city which is earing and concerned about its health
and its desire to create a high quality of life." (pg. 1); and
WHEREAS Council reaffirms the finding of the CIP that "the need to revitalize
downtown Niagara Falls is clear and desirable." (pg. 1); and
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Council Minutes
WHEREAS Council reaffirms the finding of the CIP that "the City will have a
significant role to play in designing and building the public realm to support this
urban lifestyle and in attracting private sector investment to achieve the
transformation of Downtown Niagara Falls." (pg.35); and
WHEREAS Council reaffirms the commitment set forth in the CIP that "the City will
undertake a variety of public realm improvements to serve as a catalyst for
redevelopment and to make Downtown a livable neighbourhood." (pg. 45); and
WHEREAS Council reaffirms the goal set forth in the CIP "to look beyond
Downtown for new redevelopment partners and investors." (pg. 76)
THEREFORE BE IT RESOLVED that Staff should develop a protocol to enter into
negotiations with potential redevelopment partners and investors who have or may
present themselves; and
FURTHER BE IT RESOLVED that City Staff is encouraged to get input from Council
throughout the process so that Staff is aware of Council's concerns; and
FURTHER BE IT RESOLVED no negotiation by Staff, on behalf of the City, shall
be final or binding unless and until approved by Council.
13. That the next Budget Meeting be scheduled for February 20, 2006, at 6:00 p.m. In
the Council Chambers.
ORDERED on the motion of Alderman Campbell, seconded by Alderman
Pietrangelo that the actions taken in Corporate Services Committee, earlier this evening
be approved. Carried Unanimously
1. That the minutes of the February 13' meeting be adopted as amended.
2. That the business plan submitted by Niagara Falls Tourism be approved along with
the allocating of the OPG funds as identified in the Niagara Falls Tourism plan.
3. That Staff investigate the funding of the Winter Festival of Lights.
4. That BMA Management Consulting be engaged to develop a Future Trend Analysis,
Policy Review and Financial Policy Planning Session at a total cost of $18,000 plus
applicable taxes.
5. That the correspondence from Ontario Power Generation be received for
information.
6. That the amount of $178,000 for the park crew be put back into the budget funded
by reserve funds.
7. That the approval of the General Operating and Capital Projects Budgets, be
deferred to the next budget meeting.
8. That the Municipal Utilities Budget be approved.
5
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.
CD- 2006 -02 Municipal Voter View (M.V.V.) Memorandum of Understanding with
DataFix. It is recommended that the Mayor and Clerk be authorized to sign the
memorandum of understanding with DataFixforthe Municipal VoterView (M.V.V.) Product.
F- 2006 -13- 2006 Major Receivables Year End Report. It is recommended for the
information of Council.
F- 2006 -14 Cancellation, Reduction or Refund of Taxes under Section 357 and 358
of the Municipal Act. It is recommended that the cancellation, reduction or refund of taxes
on the various accounts per attached summary be approved and granted to the property
owners listed.
F- 2006 -15 Sewer Consumption Rebate Summary. It is recommended for the
Information of Council.
MW- 2006 -21 Montrose Business ParklWarren Creek Stormwater Management
Works Consulting Engineering Services. It is recommended that Council engage the
services of Philips Engineering Ltd. to complete the detailed design of Stormwater
Management Facility "E the Functional Grading Plan for the Montrose Business Park and
the design of Culverts 8 and 9 as proposed in the Warren Creek Watershed Master
Plan at an estimated fee of $55,500 (excluding GST) and that Council authorizes the
Mayor and City Clerk to sign a agreement with Philips Engineering Ltd.
PD- 200618 Background on the Downtown Community Improvement Plan and
Strategic Implementation Plan. It is recommended that Council receive this report.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Pietrangelo
that the recommendations in the Consent Agenda be approved. Carried Unanimously
BY -LAWS
February 20, 2006
Council Minutes
ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman
Diodatithattheby -laws be given a first reading. Carried Unanimously
2006 -31 A by -law to establish Part 3 on Reference Plan 59R -12985 as a public
highway, to be known as and to form part of Mulhern Street.
2006 -32 A by -law to establish Parts 1 and 2 on Reference Plan 59R -12976 as a
public highway, to be known as and to form part of Dunn Street.
2006 -33 A by -law to establish Part 3 in Reference Plan 59R -12976 as a public
highway, to be known as and to form part of Ailanthus Avenue.
2006 -34 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
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Council Minutes
2006 -35 A by -law to establish Block 101 on Registered Plan 59M -315 as a public
highway, to be known as and to form part of Parkside Road.
2006 -36 A by -law to establish Block 45 on Registered Plan 59M -340 as a public
highway, to be know as and to form part of St. Michael Avenue.
2006 -37 A by -law to establish Block 48 on Registered Plan 59M -340 as a public
highway, to be known as and to form part of St. Michael Avenue.
2006 -38 A by -law to establish Block 49 on Registered Plan 59M -340 as a public
highway, to be known as and to form part of St. Michael Avenue.
2006 -39 A by -law to establish Block 50 on Registered Plan 59M -340 as a public
highway, to be known as and to form part of St. Michael Avenue.
2006 -40 A by -law to establish Block 51 on Registered Plan 59M -340 as a public
highway, to be known as and to form part of Upper Canada Drive.
2006 -41 A by -law to establish Block 52 on Registered Plan 59M -340 as a public
highway, to be known as and to form part of Upper Canada Drive.
2006 -42 A by -law to establish Block 53 on Registered Plan 59M -340 as a public
highway, to be known as and to form part of Upper Canada Drive.
2006 -43 A by -law to establish Block 54 on Registered Plan 59M -340 as a public
highway, to be known as and to form part of St. Michael Avenue.
2006 -44 A by -law to authorize the execution of a memorandum of understanding with
DataFix for the Municipal VoterView (M.V.V.) Services.
2006 -45 A by -law to amend By -law Nos. 395, 1966 and 79 -200, to put the property
under By -law No. 79 -200 and provide regulations for tourist commercial and
prestige industrial developments.
2006 -46 A by -law to authorize the execution of a letter of agreement with the Ministry
of Transportation.
2006 -47 A by -law to amend By -law No. 2005 -60, being a by -law to regulate the supply
of water and to provide for to maintenance and management of the
waterworks and for the imposition and collection of water rates.
2006 -48 A by -law to provide for the collection of interim taxes and taxes from year to
year and to remain in force until repealed.
2006 -49 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 20`" day of February, 2006.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati
that the by -laws be read a second and third time and passes. Carried Unanimously
ORDERED on the motion of Alderman Campbell, seconded by Alderman Diodati
that the meeting be adjourned at 7:30 p.m. Carried Unanimously
DEAN IORF�A, CITY CLERK R.T. (TED) SALCI, MAYOR