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2006/05/29NINTH MEETING National Access Awareness Week IN CAMERA MEETING Council met on Monday, May 29, 2006 at 5:00 p.m. in an In Camera Session. All members of Council were present. Alderman Kerrio presided as Chairman. Following consideration of the items presented, the In Camera Session did not arise in open session. REGULAR COUNCIL MEETING Council met on Monday, May 29, 2006 at 8:10 p.m. for the purpose of considering Regular /Planning Business matter. All members of Council were present. Alderman Diodati offered the Opening Prayer. His Worship Mayor Salci donned the uniform of the Cambridge Winterhawks Jr. B team, who defeated the Niagara Falls Canucks four games to one to win the Sutherland Cup. The Mayor lost his bet with Cambridge Mayor, Doug Craig. ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS /PRESENTATIONS Committee Room 2 May 29, 2006 Council Chambers May 29, 2006 Alderman Wing indicated she had a conflict with the past issue concerning Heart Niagara, as she is employed by Brock University. Alderman Volpatti had changes to the motion regarding the Downtown Strategic Implementation Plan. ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio that the minutes of May 8, 2006 be approved as amended. Carried Unanimously Alderman Wing indicated a conflict to report F- 2006 -29, the section dealing with the Niagara Parks Commission. Sandy Bird, member of the Mayor's Disability Advisory Committee made a brief presentation about the committee and upcoming activities and requested that the week of May 29 June 4,2006 be proclaimed as National Access Awareness Week in the City of Niagara Falls. 2- May 29, 2006 Council Minutes Mayor Salci presented awards to Eagle Valley Golf Club Restaurant, Meridian Credit Union and Queensway Free Methodist Church, organizations that have demonstrated barrier free accessibility. Paisley Janvary-Pool the committee chair accepted the awards on behalf of the businesses. Also, 0 Canada Eh Dinner Show was recognized with the Patrick Cummings award. ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati that May 29` June 4` 2006 be proclaimed as "National Access Awareness Week" in the City of Niagara Falls. Carried Unanimously Niagara Falls Heritage Portal Joe Longo, Chief Librarian of Niagara Falls Public Library and Kathy Powell, Manager of the Lundy's Lane Museum made a brief presentation introducing the Niagara Falls Heritage Portal. The portal was identified in the Heritage Master Plan. The intent is to promote the local events, organizations attractions and databases. All heritage organizations will be included. It is their hope that other organizations will promote the events by adding a link to their websites. They thanked Council for adding the link to the City's website. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that a letter be sent to Niagara Falls Tourism, the Niagara Parks Commission, the Ontario Ministry of Culture and the Ontario Ministry of Tourism requesting that they consider promoting the events and resources on the website by adding a link to their website. Motion Carried with Alderman Morocco declaring a conflict related to Niagara Falls Tourism, which is her employer and Alderman Wing declaring a conflict pertaining to the Niagara Parks Commission, as she owns property with a Niagara Parks employee. Sundae in the Park Dr. June Mergl, Chair of the Sundae in the Park Committee attended Council to inform everyone of the upcoming Sundae in the Park Ice Cream Festival on June 11, 2006. She advised that the Festival would take place between noon and 3:00 p.m. at Oakes Park, Niagara Falls. June also outlined the various activities and entertainment that would be taking place on June 11 The event is in celebration of St. Andrew's 150 years in our community. June extended an invitation to all of Council and staff to join them at the Festival. PLANNING MATTERS PD- 2006 -42 Chief Administrative Officer: Public Meeting, Zoning By -law Amendment Application Am- 10/2006, 6753 O'Neil Street Rear Portions of 6731, 6741, 6781 6791 O'Neil Street. Applicant: Wedgewood Builders of Niagara Limited Agreement of Purchase of Sale) Proposed Townhouse and Single Detached Dwelling Development The report recommends that Council defer consideration of the Zoning By -law amendment application to allow a further neighbourhood meeting to discuss the proposed development. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the report be deferred. Carried Unanimously PD- 2006 -43 Chief Administrative Officer: Zoning By -law Amendment Application AM- 11/2006, 3901 Dorchester Road North Portion), Applicant: Church of Christ, Agent: Sam Iorfida (lorfida Consulting Inc.), Existing Church Property. The report recommends that Council approve the Zoning By -law amendment application to apply the standard Institutional (I) zone to the subject land to formally recognize the church use. The Clerk advised that a public meeting was now being convened to consider an amendment to the City's zoning by -law for an Existing Church Property. He advised that Notice was given by First class mail in accordance with the Planning Act on Friday, April 28, 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 by -law amendment, or to participate in the site plan process, if applicable, shall leave their names on the sign -in sheet outside Council Chambers. 3- May 29, 2006 Council Minutes The Director of Planning and Development reviewed the recommendations and provided the following information: Background The application for rezoning is a condition of approval from the Committee of Adjustment for a related severance and variance application to create a separate for the abutting dwelling under Church ownership. Planning Analysis Official Plan The property is designated Residential in the Official Plan which permits a variety of housing types and compatible ancillary uses including churches. The long established church use and proposed property configuration is compatible with surrounding areas. Zoning The majority of Part 2 containing the church and parking lot is zoned Institutional (I) while the balance of Part 2 is zoned Residential Single Family 1B Density (RIB). The proposed zoning amendment eliminates the dual zoning which currently applies to the church property. Conclusion Approval of the requested zoning amendment would properly recognize the church use of the property. The rezoning is a condition of approval for the related severance application to create a separate lot for the dwelling on Part 1 (3879 Dorchester Rd). The proposal complies with the Official Plan. Recommendation It is recommended that Council approve the Zoning By -law amendment application to apply the standard Institutional (I) zone to the subject land to formally recognize the church use. 4- May 29, 2006 Council Minutes Mayor Salci 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. Sam lorfida, agent for the applicant, advised that he agreed with the planning report and he acknowledges the recommendation. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS. ANNOUNCEMENTS Mayor Salci advised of letters of condolence to the family of the late Suzanna Brinda, mother of City Employee Ed Brinda; to the family of the late Janet Costello, mother of City Employee Brian Costello; to the family of the late Frank McGowan a retired City Employee; to the family of the late John Hawley, brother -in -law of City Employee Wendy Canavan; to the family of the late Margaret Stockton, mother of Malcolm Stockton. Mayor Salci extended congratulations to Mr. Mrs. Robert Lapense who had a baby girl, Madelyn Maya Lapense, Rob is an employee of Niagara This Week. Mayor Salci advised of some recent events: A very successful Regis Kelly show took place on May 22, 2006. The Mayor recently went to Ottawa with the Cross Border Mayors Coalition to discuss the WHTI. The group met with the members from all parties, including 3 federal ministers. The opening of AVIA (Cirque Niagara) and Disney's Aladdin has just recently opened in the City. Mayor Salci advised of an upcoming event, on Saturday June 3r the Legion Branch 396 will be celebrating their 60 anniversary. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Lucille Coleman- has sent correspondence in regards to the use of performing wild and exotic animals in circuses at the Niagara Falls Memorial Arena. RECOMMENDATION: For the Information of Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio to receive and file the communication. Carried Unanimously COMMUNICATIONS AND RELATED RESOLUTIONS 1. ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni That the Council of the Corporation of the City of Niagara Falls, as the stakeholder of Niagara Falls Hydro, hereby approves, in principle, the Term Sheet and authorizes Niagara Falls Hydro to proceed with the negotiation of the Merger. Carried Unanimously 2. ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio That Niagara Falls City Council advise all parties currently engaged in working on matters related to the WHTI that it is deeply concerned about the risk to the economic health of Niagara Falls; and 5- May 29, 2006 Council Minutes That in light of the extension in the implementation date of the WHTI that an alternative document to the passport that is secure (including biometrics), provides proof of identity and citizenship, is in a convenient format (wallet- sized), and is inexpensive and easily obtainable be developed to the satisfaction of both Canadian and American federal government; and That Niagara Falls City Council supports the position being expressed by the Binational Tourism Alliance and BESTT Coalition partners requesting amendments to the existing legislation that include (I) a single WHTI implementation date for all forms of travel; (ii) an exemption for children; (iii) further development of alternative travel documents, including REAL ID, by a bi- national industry working committee; (iv) the expansion and improvements to existing "trusted traveler" programs, such as NEXUS and FAST, including the expedited implementation of supporting technology and infrastructure; (v) the undertaking of a broad and ongoing communications program clarifying the travel documents currently available and required and encouraging the public to acquire the required travel documents; and (vi) improved training for all border services personnel to ensure consistent customer service as it relates to identification requirements at border crossings; and That a copy of this resolution be forwarded to the President of the United States, Senior Officials at Department of Homeland Security, Department of State, Office of Management Budget, Government Accountability Office, U.S. Ambassador to Canada, appropriate U.S. Senators, Congressmen and National Tourism and Business Industry Officials, to ensure they are aware of the Niagara Falls concerns and position respecting the implementation of Western Hemisphere Travel Initiative; and That a copy of this resolution be forwarded to the Prime Minister of Canada, the Minister of Public Safety and Emergency Preparedness, the Minister of Foreign Affairs, the Speaker of the House, Members of Parliament and the Canadian Ambassador to the United States; and That a copy of this resolution be forwarded to the Premier of Ontario, the states bordering Ontario, Ontario Minister of Tourism, Chairman of I Love New York, the Travel Industry Association of Canada (TIAC), the Travel Industry Association of America (TIA), the Canadian Tourism Commission, the Tourism Federation of Ontario, the New York State Hospitality Tourism Association, Hospitality and Tourism Associations of states bordering Ontario, Business for Economic Security Trade and Tourism Coalition (BESTT), the Great Lakes Governors and Great Lakes Mayors. Carried Unanimously 3. ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni That the Rotary Club of Niagara Falls Sunrise Ribfest is a community event deserving of City Council support. Carried Unanimously 4. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Volpatti That the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. Carried Unanimously 6 May 29, 2006 Council Minutes RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the actions taken in Community Services, on May 29, 2006 be approved. Carried Unanimously 1) That the minutes of the May 8, 2006 meeting be approved. 2) That the restrictions for Fern Avenue as outlined in report MW- 2006 -49 be implemented. 3) That the Parking Restrictions for High Street as outlined in report MW- 2006 -60 be implemented. 4) That Window Boxes of Chippawa be provided a grant in the amount of $400.00 to cover the costs for the temporary road closure and insurance. 5) That the Landscape Design Technician be made a permanent position and added to the staff complement. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni that the actions taken in Corporate Services, on May 29, 2006 be approved. Motion Carried with Aldermen loannoni, Kerrio and Wing were opposed to item 3c and Alderman Wing also opposed to 3b. 1. That the minutes of the March 20 meeting be adopted as recorded. 2. That Report F- 2006 -32 Financial Impact of the Downtown Revitalization, be received for information. 3a. That the revenue and expense amendments to the 2006 General Purposes Budget be approved. b. That the Downtown Revitalization Capital Project be approved subject to the satisfactory completion of due diligence. c. That Committee recommend that Council authorize the use of debenture funding, as requested, for the Downtown Revitalization Capital Project. d. That all avenues for alternative funding be explored to the maximum extent available for the Downtown Revitalization Project. 4. That June 29 and September 29 be approved as the 2006 final due dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes. 5a. That the 2006 Property Tax Rates be approved. b. That Committee recommend that Council petition the Provincial Government to lower the 2007 Industrial Tax Rate, if necessary. 6. That Committee recommend that Council pass a resolution requesting The Regional Municipality of Niagara to issue $21,922,000 of debentures in accordance with the terms and amounts as set out in the schedule. 7. That Report F- 2006 -26 Financing Lease Report, be received for information. 7- May 29, 2006 Council Minutes 8. That the City of Niagara Falls institute a $10 fee for mortgage companies. 9. That Committee recommend that Council approve a grant of $1,379.34 be given to Mr. Tom Papavasiliou. 10. That Committee recommend that Council approve a grant of $500.00 be given to the Miss Niagara Pageant. 11. That the request for a financial donation to Mrs. Jamieson be received and filed. 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. MW- 2006 -57- Murray Street Cul -de -sac Construction, Allendale Hydro Entrance Construction, Dorchester Road Boulevard Improvements. It is recommended that the unit prices submitted by the low tenderer, Hardrock Paving Company Limited, be accepted. MW- 2006 -58 Tender 2006 155 -05 Dorchester Road Reconstruction from Highway 420 to Morrison Street. It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction Limited, be accepted. MW- 2006 -59 Contract 2006 -09- 2006 Crack Sealing Program. It is recommended that the unit prices submitted by the low tenderer, Niagara Crack Sealing, be accepted and that council authorizes the Mayor and City Clerk to sign an agreement with Niagara Crack Sealing. MW- 2006 -61- Supply and Installation of Pay Display Machines Replacement Program Year 4. It is recommended that the contract for the Supply and Installation of Pay and Display Equipment, be awarded to Electromega Ltd. under RFP P50 -2005 contract prices, at an upset limit of 180,000.00; and further that the Mayor and the Clerk be authorized to execute the necessary agreements. MW- 2006 -62 Mechanic Street/Keller Street, Road and Services Reconstruction Detailed Design Consultant Agreement. It is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Denco Engineering Ltd. for the Consulting Engineering Services to reconnect the Mechanic Street and Keller Street road and services for the upset limit of $12,950.00 excluding GST. R- 2006 -20 2006 Proposed Cemetery Fees. It is recommended that the changes to the 2005 Cemetery Fees, as specified in the attached Cemetery Fee Schedule, be approved effective July 1, 2006; and that the following City Council's approval, the 2006 Cemetery Fee Schedule be forwarded to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for review and approval. R- 2006 -18 Removal of Lease for the Seniors Boutique and Craft Outlet. It is recommended that Council approve the renewal of the Lease for the Senior Boutique and Craft Outlet. 8 May 29, 2006 Council Minutes R- 2006 -19 Arena Complex Development Project Agreement Between the Selected Architects and the City of Niagara Falls. It is recommended that the Mayor and Clerk be authorized to execute an agreement with Barry-Bryan Associates Limited to plan, design, and provide contract administration /construction services for the Arena Complex. R- 2006 -21 2006 Special Events Agreements. It is recommended that the Mayor and Clerk be authorized by Council to sign all Agreements related to the various events being held at the Niagara Falls Memorial Arena in 2006. FS- 2006 -05 Lease Agreement with the Niagara Falls Burling Club and Working Agreement with Echelon Response and Training Inc. It is recommended that Council approve the 10 -year lease agreement with the Niagara Falls Curling Club and a working agreement with Echelon Response and Training Inc. for a joint training venture; and further that the Fire Chief be authorized to execute similar agreements, on an ongoing basis, related to temporary use of private property, subject to the approval of Legal Services. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the recommendation in the Consent Agenda be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the by -laws be given a first reading. Carried Unanimously 2006 -86 A by -law to amend By -law No. 2002 -81, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2006 -87 A by -law to establish Block 70 on Plan 59M -307 as a public highway, to be known as and to form part of Beaverton Boulevard. 2006 -88 A by -law to establish Box 71 on Plan 59M -307 as a public highway, to be known as and to form part of Brookside Drive. 2006 -89 A by -law to authorize the execution of an Agreement with Garden Circus Corp. respecting the use of the Niagara Falls Memorial Arena for a circus event. 2006 -90 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2006. 2006 -91 A by -law to amend By -law No. 79 -200, being a by -law to permit two properties to be used as cottage rental dwellings. 2006 -92 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling to be used as a tourist home. 2006 -93 A by -law to amend By -law No. 79 -200, to permit the construction of a 7- storey hotel. 2006 -94 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29 day of May, 2006. ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo that the by -laws be read a second and third time and passed. Carried Unanimously Junior A Team Girls Home for Soccer Security Deposits 9- NEW BUSINESS May 29, 2006 Council Minutes The Chief Administrative Officer advised that there has been a meeting with the proponents and that staff will review the proposal and bring it forward to Council once it has been formally received. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni that a report be brought back to Council, including a draft terms of reference for a Request for Proposal (RFP). Carried Unanimously Dodgeball Tournament ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni that the City send a team of staff to support the Mayor's Youth Advisory Committee. Carried Unanimously Alderman Campbell advised of some organizations that pay interest back on deposits that residents have made and Alderman Campbell inquired as to why the City of Niagara Falls didn't and if it could be done. ORDERED on the motion of Alderman Campbell, seconded by Alderman Wing that the finance department bring back a report to Council on interest on deposits. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the meeting be adjourned at 9:00 p.m. DEAN IORJTIDA, CITY CLERK R. T. (TED) SALCI, MAYOR