2007/03/19Pak F-
DEAN IORFI CITY CLERK
SIXTH. MEETING
IN CAMERA MEETING
RESOLUTION NO. 6 THOMSON MAVES that on March 19, 2007, Niagara Falls
Council will go into a closed meeting to consider subject matters that fall under s. 239(2)
of the Municipal Act, 2001.
Council met on Monday, March 19, 2007 at 5:45 p.m. in an In Camera Session. All
members of Council were present. Councillor Maves presided as Chairman.
Following consideration of the items presented, the In Camera Session did arise in
open session.
REGULAR COUNCIL MEETING
Council met on Monday, March 19, 2007 at 8:15 p.m. for the purpose of considering
Regulars Business matters. All members of Council were present. Councillor loannoni
offered the Opening Prayer.
ADOPTION OF MINUTES
Committee Room 2
March 19, 2007
R.T. (TED) SALCI, MAYOR
Council Chambers
March 19, 2007
ORDERED on the motion of Councillor loannoni seconded by Councillor Diodati that
the minutes of March 5, 2007 be approved as printed. Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Kerrio indicated a pecuniary interest to By -law 2007 -66 as he has an
interest in the property.
Councillor Thomson indicated a conflict of interest to cheque no. 308719 payable
to himself from the meeting of March 5, 2007.
Greater Niagara Circle Route
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Council Minutes
DEPUTATIONS/ PRESENTATIONS
Regional Councillor Bruce Timms made a presentation on the progress of the
Greater Niagara Circle Route, the trail system that circles much of the Niagara Region. He
also advised on June 9 the Ride to Help Habitat for Humanity, a 100 mile ride. Councillor
Timms requested Council to appoint a member to the Greater Niagara Circle Route
Steering Committee.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that Councillor Diodati represent Niagara Falls City Council on the Greater
Niagara Circle Route Steering Committee.
Carried Unanimously
UNFINISHED BUSINESS
PD- 2007 -12 -Chief Administrative Officer Official Plan Zoning By-law Amendment
AM- 44/2006, Located North of Thorold Stone Road, West of Taylor Road, South of
Former Mountain Road and East of Thorold Townline Road (Part of Lots 31, 49, 50
and 66), Applicant: Walker Brothers Quarries Limited, Agent: T. Smart, BLS Planning
Associates.lt is recommended that Council approve the application to amend the Official
Plan and Zoning Bylaw for the lands located north of Thorold Stone Rd., West of Taylor
Rd., South of former Mountain Rd. and East of Thorold Townline Rd., to permit a private
landfill for non hazardous solid waste.
John Fisher of Walker Brothers advised Council that a research project at the
University of Guelph is being conducted on the end use of the property. There is the
possibility of corn, soy and switch grass in the future. He also outlined Th the Public Liaison
Committee process, which was a ten year consultation process.
Tom Smart, BLS Planning Associates, advised that the property is outside of the
urban boundary, therefore, it is highly unlikely that the property could be used for
commercial or residential development.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that
the report be approved as recommended.
Carried with Councillors Diodati, loannoni and Wing opposed.
RATIFICATION OF "IN CAMERA" ACTIONS
ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that
the recommendation from the In Camera meeting, on March 19, 2007 be approved.
1. That staff be directed to finalize the Host Community Compensation agreement as
per the July 31/06 Council approval.
Carried Unanimously
MAYOR'S REPORTS. ANNOUNCEMENT
On behalf of Council Mayor Salci congratulated Lee Smith on being appointed as
the new Fire Chief for the City of Niagara Falls.
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Council Minutes
On March 13 Mayor Salci along with Regional Chairman Partington and six other
regional mayors met with Minister of Transportation Donna Cansfield. At the meeting they
were provided with an overview of the environmental assessment process, the approved
terms of reference and the next steps in the EA study for the Niagara GTA Corridor.
There was also discussion on the need for GO Service in Niagara, starting with a Park
Ride service.
On March 7 Mayor Salci met with MPP Kim Craitor and Minister John Gerretson,
Minister of Municipal Affairs and Housing on matters of interest.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Stamford Collegiate 150 Anniversary Reunion Committee Request the use of
Municipal parking lots and Niagara Transit to assist with a complimentary shuttle
service.
RECOMMENDATION: Refer to staff for future report.
ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo
that the communication be referred to staff. Carried Unanimously
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Councillor loannoni seconded by Councillor Diodati that
the recommendations from the Community Services Committee, on March 19, 2007 be
approved.
1. That the February 19, 2007 Community Services minutes be approved.
2. That Niagara Falls City Council supports the actions taken to date and the steps
planned for the future regarding the Niagara Convention Civic Centre.
3. That the parking restrictions as outlined in report MW- 2007 -07 be implemented
and that staff investigate the operation of the driveway entrance at 5257 Valley
Way.
4. That the permit parking on Keith Street be removed west of Sinnicks Avenue and
that parking be restricted on both sides of Keith Street 30 metres west of Sinnicks
Avenue.
Carried Unanimously
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Diodati
that the recommendations from the Corporate Services Committee, on March 19, 2007 be
approved.
1. That the minutes of the March 5 meeting be adopted as recorded.
2. That the Annual Statement of Remuneration and Expenses be received for
information and that all members of the Niagara Falls Hydro Board be included in
future reports.
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Council Minutes
3. That the cancellation, reduction or refund of taxes on the various accounts
presented be approved and granted to the property owners listed.
4. That the current Collections Officer position be re- classified as a full -time unionized
position.
5 That the 2007 Budget Schedule be approved.
6 That Council have regard for the Financial Policies presented for consideration in the
upcoming strategic planning session and future budget deliberations.
7. That the recommended changes to the City's administrative structure be approved
and that staff be authorized to move forward with their implementation.
Carried Unanimously with Councillor Kerrio having a conflict on item #4.
RESOLUTIONS
NO. 7 PIETRANGELO DIODATI that the City of Niagara Falls Asset Management and
Accounting Project will be funded and is a high priority within the City of Niagara Falls.
Carried Unanimously
NO. 8 THOMSON PIETRANGELO that Council of the Corporation of the City of Niagara
Falls hereby determines, in accordance with Section 34(17) of the Planning Act, that the
changes to the proposed zoning by -law for 5056 Montrose Road are minor in nature and
do not require any further notice.
Carried Unanimously
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, A COUNCILLOR MAY REQUEST THAT ONE OR
MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE
CONSIDERED SEPARATELY.
MW- 2007 -19 Sign and Electrical Kiosk Encroachment 5815 Drummond Rd
(Northeast Corner Drummond at Lundy's Lane) Migdalos Investments Limited It is
recommended that staff be directed to negotiate and enter into an Encroachment
Agreement with Migdalos Investments Limited to recognize the location of the existing sign
and electrical kiosk.
MW- 2007 -23 Clifton HillNictoria Ave. Intersection Improvements Consulting
Engineering Services Urban Environmental Management Inc. Traffic
Assessment and Engineering Design It is recommended that Council authorize the
engagement of Urban Environmental Management Inc to update the traffic assessment
at the intersection of Clifton Hill and Victoria Avenue and to prepare engineering drawings
for the design of the necessary improvements to the intersection at an upset limit of
$50,000.00.
MW- 2007 -24 -2007 Asphalt Patching Contract Council Meeting It is recommended that
the unit prices submitted by the lowest tender Norjohn Contracting Paving be accepted
and; that the Mayor and City Clerk be authorized to execute the necessary agreement.
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Council Minutes
MW- 2007 -28 Dorchester Road Reconstruction CNR New Warning Device System
It is recommended that staff be authorized to proceed to have the CNR fabricate and
construct a new rail crossing and Warning Device System at the Dorchester Road crossing
at a cost of $204,900 and the signing of the required CNR pipe agreement, be approved.
MW- 2007 -29 Canada Ontario Municipal Rural Infrastructure Fund (COMRIF)
PSAB 3150 Asset Management Strategy Application for Funding Resolution It is
recommended that the requisite resolution be approved under the Resolutions section of
the agenda.
MW- 2007 -30 Assumption of Various Subdivision It is recommended that the City
formally assumes the Plans and Subdivisions listed in this report.
PD- 2007 -17 Zoning By -law Amendment Application AM- 39/2006, 5056 Montrose
Road, Applicant Angelo Marino, Agent Allen-Chui Architects Inc, Recognize Two
Existing Dwelling Units It is recommended that Council receive this report for information
purposes; that Council pass the resolution, on tonight's agenda, stating that a further public
meeting is not required to consider the landscape reductions; and that Council pass the
amending by -law, also on tonight's agenda, to recognize the existing dwelling units and to
lower the landscaping requirements for the site.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the reports be approved.
Carried Unanimously
BY -LAWS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
the by -law, to authorize the execution of an Agreement with Cytec Canada Inc. and Falls
Community Development Inc., respecting the donation of certain lands to the City to be
used for the construction and development of a public arena and related facilities, be
deferred until a staff report is brought to Council providing background on the agreement.
Motion Defeated with Councillors loannoni, Wing and Diodati opposed
ORDERED on the motion Councillor Fisher, seconded by Councillor Thomson that
Council request a reconsideration on the deferral.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
the by -law, to authorize the execution of an Agreement with Cytec Canada Inc. and Falls
Community Development Inc., respecting the donation of certain lands to the City to be
used for the construction and development of a public arena and related facilities, be
deferred until a staff report is brought to Council providing background on the agreement.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Mayes that the by -laws be given a first reading. Councillor Kerrio indicated a conflict to
By -law 2007 -65.
Carried Unanimously.
2007 -60 A by -law to ament By -law No. 79 -200, to permit two apartment dwelling units,
recognize the existing landscaped open space and southerly interior side
yard width and to repeal By -law No. 2006 -17 (AM- 39/2006)
2007 -61 A by -law to amend By -law No. 79 -200, to permit offices for physicians (AM-
35/2006)
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Council Minutes
2007 -62 A by -law to amend By -law No. 79 -200, to permit expansion of a planned
shopping centre and to repeal By -law No. 92 -288 (AM- 05/2006)
2007 -63 A by -law to declare Part Lot 10 on Plan 996 surplus
2007 -64 A by -law to establish Part 3 on Reference Plan 59R -13172 as a public
highway, to be known as and to form part of Woodbine Street
2007 -65 A by -law to authorize the execution of an Agreement of Purchase and Sale
with 1251600 Ontario Limited respecting the purchase of lands being Part 2
on Reference Plan 59R -9107; in the City of Niagara Falls, in the Regional
Municipality of Niagara
2007 -66 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 19` day of March, 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. Councillor Kerrio indicated
a conflict to By -law 2007 -65.
Carried Unanimously
Mount Carmel
NEW BUSINESS
ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati
that staff convene a meeting with the appropriate individuals regarding the assessment of
the Mount Carmel property.
Carried Unanimously
Niagara Health Services
Councillor loannoni gave an overview of the positive meeting with Debbie
Sevenpifer of the NHS. It was indicated that there is no master plan for closure of local
services and any changes would need Ministry approval. Council loannoni advised of the
meeting being held at Grimsby City Hall on Tuesday March 27th 1- 4 pm.
Congratulations to Casey Hyde
Councillor Fisher congratulated Casey Hyde who is the winner of the Niagara
College Idol winner.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the meeting be adjourned at 9:45 p.m. Carried Unanimously
DEAN IOR A, CITY CLERK
(-2-
R.T. (TED) SALCI, MAYOR