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2007/02/19Council met on Monday, February 19, 2007 at 7:05 p.m. in an In Camera Session All members of Council were present. Councillor loannoni presided as Chairman. Following consideration of the items presented, the In Camera Session did arise in open session. DEAN IORFI A, CITY CLERK FOURTH MEETING IN CAMERA MEETING REGULAR COUNCIL MEETING Council met on Monday, February 19, 2007 at 8:10 p.m. for the purpose of considering Regulars Business matters. All members of Council were present. Councillor Thomson offered the Opening Prayer. ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 February 19, 2007 R.T. (TED) SALCI, MAYOR Council Chambers February 19, 2007 ORDERED on the motion of Councillor Fisher seconded by Councillor Kerrio that the minutes of February 5, 2007 be approved as printed. Carried Unanimously Councillor Wing indicated a conflict of interest with By -law 2007 -36, land transfer to Niagara Parks Commission, and Council's appointment to the Niagara Parks Commission, as her spouse is an employee with the Niagara Parks Commission. Councillor Thomson indicated a conflict of interest with report PD- 2007 -11, Pinestone Road, which is the street on which he resides. DEPUTATIONS /PRESENTATIONS YWCA Niagara Region's Women of Distinction Award February 19, 2007 Council Minutes Karen Perkins, Board Chair of the YWCA Niagara addressed Council on the upcoming Women of Distinction Annual Awards and Gala being held on May 10, 2007 at John Michael's banquet hall. She encouraged the submission of nominations. PUBLIC MEETING MW- 2007 -17 - Chief Administrative Officer - Proposed Amendment to Development Charges By -law #2004 -138, C.I.P. Development Charge Exemption Program, Amendments to Section 12 and Deletion of Section 15 It is recommended that the Development Charge Background Study prepared by Watson & Associates Economists Ltd. dated February 2, 2007 be adopted. Cam Watson of Watson & Associates Economists Ltd gave an overview of the Development Charge Study required for amendments to the City's Development Charges by -law. The amendments are in keeping with incentives proposed in the Downtown, Brownfield and Historic Drummondville C.I.P.'s, which were all adopted subsequent to the passing of the development charges by -law. Also, section 15 of the City's by -law is being repealed as it is not in conformity with the Development Charges Act: Finally, Mr. Watson was of the opinion that the various incentives proposed in the waiver of development charges would not lead to a funding short fall. There was no one in the gallery who indicated an interest in the matter. As a result, the public meeting was closed. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the City should apply to the Region to have the Historic Drummondville Community Improvement Project Area recognized as eligible for the Regional Development Charge Program. Carried Unanimously MAYOR'S REPORTS. ANNOUNCEMENT Anna Pierce, Chair of the Niagara Falls Winter Light Festival announced that Niagara Falls was awarded 1st place in the WinterLights National Program. Ms. Pierce also requested that the City erect a sign in the vicinity of Hwy 420 and Stanley Avenue announcing "Niagara Falls: Canada's Brightest Star ", support in the form of $7500 and staffing to enable the Festival to compete in the Prestigious Winter Circle competition, participate in the Communities in Bloom Program and participate in the RFP to hold the 2010 WinterLight Festival. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that $7500.00 be allocated to the Winter Festival of Lights to participate in the Prestigious Winter Circle competition and that staff investigate the possibility of signage in the vicinity of Hwy 420 and Stanley Avenue. Carried Unanimously - 3 - February 19, 2007 Council Minutes Mayor Salci expressed condolences to the families of City employees. Edna Cook, who recently lost her mother Rose Geber, Mary Pugliese, who lost her mother -in -law, Ida Pugliese and Ron Waters and his wife Lydia, on the loss of Ron's father, Donald Waters. The Mayor outlined the following recent events: the opportunity to meet and bring greetings to the Liberal Caucus members, who were gathered in Niagara Falls, the recently successful Big Brothers Big Sisters Bowl For Kids Sake, Frances Corfield, a life -long resident of Niagara Falls, receiving the first ever Lieutenant Governor General's Lifetime Achievement Award for Ontario Heritage and the recent pulling of the winning ticket for the Board of Museums' raffle, which sold over 18,000 tickets. We are very happy for Mr. Woodfruff, winner of the very successful Board of Museum raffle. 2) REPORTS: REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the actions taken in Community Services, on February 19, 2007 be approved. Carried Unanimously 1) The following items are to be ratified from tonight's meeting of the Community Services Committee: a) That the minutes of the February 5, 2007 meeting be approved. a) That the existing "no parking" restriction on the southwest side of Wesley Place be extended to Eastwood Crescent and Epworth Circle. b) That staff prepare a report on a more restrictive site alteration bylaw with regards to agricultural lands. 3) NEW BUSINESS: a) That St. Ann's Church be put on the sidewalk ploughing route. b) That staff investigate and report on alternate snow ploughing methods for Racine Court. c) That staff coordinate a meeting with residents on Stamford Street. d) That staff prepare a report on vehicle issues on Lundy's Lane at No Frills during the summer months. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Diodati that the actions taken in Community Services, on February 19, 2007 be approved. Carried Unanimously 1. That the minutes of the May 29, 2006 and February 5, 2007 meetings be approved, as amended. 2. That $50,000 be approved to enable staff to process applications under the Environmental Study Grants of the Brownfield Community Improvement Plan. 3. That staff be authorized to commence updating the City's Official Plan to bring it into compliance with the Planning and Conservation Land Statute Law Amendment and associated regulations. RATIFICATION OF "IN CAMERA" ACTIONS 4 - February 19, 2007 Council Minutes 4. That a resolution be directed to the Provincial Government to re- examine infrastructure funding and return to a 50/50 subsidy partnership with municipalities. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the actions taken in the In Camera meeting, on February 19, 2007 be approved. Carried Unanimously 1. That the City retain Parts 3, 4 and 5 on Reference Plan 59R -1568 ( "subject lands), lands abutting Swayze Drive, to re -zone for the best possible use. 2. That Part 1 on Reference Plan 59R -1568 be declared surplus to the City's needs and be retained by the City to be severed, serviced and sold as residential building lots by the City. 3. That the various complaints against the Niagara Falls Humane Society be forwarded to the OSPCA for investigation. APPOINTMENT MATTERS The City Clerk advised Council of the outstanding appointments and a vote would be needed for Human Resources Committee, Niagara Falls Hydro and Niagara Parks Commission. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Council amend the Terms of Reference for the Human Resources Committee increasing members of Council to three. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that no individual member of Council receive additional monies for sitting on any Board, Commission or Committee. Carried Unanimously Councillor Kerrio was appointed to Niagara Parks Commission. Councillors loannoni and Thomson were appointed to Niagara Falls Hydro. 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. BBS- 2007 -03 - New Building Permit By -law It is recommended that Council enacts the New Building Permit By -law. F- 2007 -06 - Major Receivables Year -End Report For the information of Council. - 5 - February 19, 2007 Council Minutes PD- 2007 -11 - PLC - 01/2007, Request for Removal of Part Lot Control Portion of Black 54, Registered Plan 59M -251 Pinestone Road (East Side), Neighbourhood of St. David's Walker Community Development Corporation It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate a portion of Block 54, Registered Plan 59M -251, described as Parts 1 & 2, Reference Plan 59R- 11334, as exempt from Part Lot Control, and That the applicant be required to notify the City when the separate deeds have been registered. MW- 2007 -16 - Proposed Development Agreement Extension of Sanitary Sewer Montrose Road (Matthews Drive to Hydro Corridor) - K. DeGiorgio It is recommended that Council authorize staff to prepare a Development Agreement with Karen DeGiorgio for the extension of a sanitary sewer on Montrose Road in order to satisfy the conditions of approval for Consent Application B11 &12/2006/NF, and further that staff be directed to coordinate the installation and cost sharing with other benefiting land owner. MW- 2007 -18 - 2007 Water Distribution Subsystem Annual and Summary Report That the report be received and filed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the reports be approved. Carried Unanimously RESOLUTIONS NO. 2 - THOMSON - FISHER that the City of Niagara Falls endorses that the Provincial Minister of Health be petitioned to extend coverage of Visudyne treatment to those with minimally classic and occult wet age - related macular degeneration (AMD). Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the by -laws be given a first reading. Carried Unanimously. 2007 -31 A by -law to establish Part 3 on Reference Plan 59R -13257 as a public highway, to be known as and to form part of Hodgson Avenue 2007 -32 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Prohibited Turns, Heavy Vehicle Restriction, Stop Signs at Intersections, Through Highways) 2007 -33 A By -Law under the Building Code Act respecting construction, demolition, change of use, occupancy, transfer of permits and inspections 2007 -34 A by -law to designate a portion of Block 54, Registered Plan 59M -251, not be subject to part -lot control 2007 -35 A by -law to declare surplus Part 1 on Reference Plan 59R -1568, being land owned by The Corporation of the City of Niagara Falls and to authorize that public notice be given of the said Part being declared surplus and be offered for sale at a later date 2007 -36 A by -law to authorize a Transfer from The Corporation of the City of Niagara Falls to The Niagara Parks Commission Part 8 on Reference Plan 59R -4660 2007 -37 Being a by -law to provide for citizen appointments to certain Boards, Commissions and Committees - 6 - February 19, 2007 Council Minutes 2007 - A by -law to authorize the execution of an Agreement of Purchase and Sale with Maria Sacco respecting the City purchase of lands being 6121 Lundy's Lane; in the City of Niagara Falls, in the Regional Municipality of Niagara 2007 -39 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19 day of February, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. Carried Unanimously Downtown Business Plan The Chief Administrative Officer informed Council that the Downtown Business Plan Study will be brought to Council by the end of March. Budget The Chief Administrative Officer responded to inquiries regarding the 2007 budget. City's Website In response to an inquiry, the Clerk indicated that staff would ensure that the Public Notice page of the City's website be better utilized. ORDERED on the motion of Councillor Diodati, seconded by Councillor Maves that the meeting be adjourned at 9:10 p.m. Carried Unanimously DEAN 10 IDA, CITY CLERK NEW BUSINESS 7 R.T. (TED) SALCI, MAYOR