2007/10/29Council met on Monday, October 29, 2007 at 4 :15 p.m. in an In Camera Session.
All members of Council were present. Councillor Diodati presided as Chairman.
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
TWENTY -THIRD MEETING
IN CAMERA MEETING
REGULAR COUNCIL MEETING
Council met on Monday, October 29, 2007 at 7:45 p.m. for the purpose of
considering Regulars Business matters. All members of Council were present. Councillor
Diodati offered the Opening Prayer.
Terry Fox Run
Disability Advisory Committee
ADOPTION OF MINUTES
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest.
DEPUTATIONS /PRESENTATIONS
Committee Room 2
October 29, 2007
c- MT:(
R.T. (TED) SALCI, MAYOR
Council Chambers
October 29, 2007
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the minutes of October 15, 2007 be approved.
Carried Unanimously
Joshua Lennox provided an update on the fundraising efforts for the Terry Fox Run
and the Council head shave. There was approximately $45,000 raised in total from
Niagara Falls. Councillor Pietrangelo, Councillor Diodati and Michael DiCienzo presented
Joshua Lennox with a cheque in the amount of $14,665 raised from their head shave.
Mayor Salci, Paisley Janvary-Pool and representatives from the Disability Advisory
Committee presented the Patrick Cummings Award to Sue Bright, owner of Tim Horton's
at 4835 Victoria Avenue for going above and beyond in creating a barrier free environment.
Niagara Falls Fire Department Rescue
Region: Waste Management - Levels of Service
with Councillor Fisher and Councillor Thomson opposed.
Background
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Council Minutes
Lee Smith, Fire Chief, spoke to Council regarding a recent segment on Court TV
showcasing the Niagara Falls Fire Services rescue efforts. This was a collaborative effort
between various I City divisions and outside agencies. He outlined other recent events:
Fire Prevention Week and the haunted house at Station #1 on Morrison Street.
Barry Friesen, Director of Waste Management Services, Niagara Region, made a
presentation on Waste Management, Level of Service. Mr. Friesen reviewed a study being
undertaken by the Region. Some service level recommendations include relaunching the
green bin (organics) program; more recycling in public places; public education, and
disposal bags. There is still discussion regarding appropriate levels of service for garbage
pickup (once every two weeks) and (increased) recycling pick up.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
Council receive the presentation by Barry Friesen, Director of Waste Management
Services, Niagara Region and that the Region be requested to investigate a full user pay
system for waste management.
FIRE MATTERS
FS- 2007 -06 - Purchase of Rescue Truck for Fire Services It is recommended that
Council approves the purchase of a Rescue Truck and associated equipment from Metz
Fire and Rescue at a cost of $483,820.10 (plus applicable taxes).
FS- 2007 -07 - Purchase of Pumper Truck for Fire Services It is recommended that
Council approves the purchase of a Pumper Truck and associated equipment from Metz
Fire and Rescue at a cost of $461,377.00 (plus applicable taxes).
FS- 2007 -08 - Purchase of Aerial Truck for Fire Services It is recommended that Council
approves the purchase of a 100 ft. Aerial Platform fire apparatus from Sutphen Corporation
at a cost of $1,129,307.93 (plus applicable taxes).
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
reports FS- 2007 -06, FS- 2007 -07 and FS- 2007 -08 on the Consent Agenda be approved
as recommended.
PLANNING MATTERS
Carried
Carried Unanimously
PD- 2007 -89- Chief Administrative Officer - 26CD -11- 2007 -03, Adelina Apartments,
6420 Montrose Road, Owner: Gabrielle Marinelli
► Applicant proposes to convert the existing 17 unit rental apartment complex to a
condominium.
► The plan of condominium would permit the individual ownership of each unit while
the common areas (such as hallways, driveways and open space) would be shared
by all the owners.
Public Meeting
► There are no public meeting or notification requirements for condominium
conversion applications under the Planning Act. However, in accordance with City
procedures, staff provided notice of this Council meeting to the tenants of the units
for information and as a courtesy.
• The owner has also advised that information was provided to the tenants regarding
the proposed condominium conversion.
Recommendation
- 3 October 29, 2007
Council Minutes
1. That the Plan of Condominium be draft approved subject to the conditions in the
attached Appendix.
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged.
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and granted by Council.
4. That the Mayor and City Clerk be authorized to execute the Condominium
Agreement and any required documents to allow for the future registration of the
condominium when all matters are addressed to the satisfaction of the City Solicitor.
Rocco Vacca of Sullivan Mahoney was present on behalf of the applicant.
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 Thomson, seconded by Councillor Mayes
that the report be approved as recommended.
BUSINESS DEVELOPMENT MATTERS
Carried Unanimously
BDD- 2007 -05 - Chief Administrative Officer - Niagara Convention and Civic Centre
It is recommended:
1. That Council authorize staff to issue an Request for Proposal (RFP) for the
selection of a project and program management firm.
2. That the City accept the assignment from Niagara Convention and Civic Centre Inc.
of the option to purchase approximately 2.62 acres of land fronting on the west side
of Stanley Avenue, located approximately 1,190 feet from the north west corner of
the intersection of Stanley Avenue and Dunn Street, in the City of Niagara Falls,
from The Monastery of Mount Carmel and that the Mayor and Clerk be authorized
to execute any and all documentation required to accomplish this end.
3. That the City accept the assignment from Niagara Convention and Civic Centre Inc.
of the option to purchase approximately 4.0 acres of land fronting on the west side
of Stanley Avenue, located approximately 900 feet from the north west corner of the
intersection of Stanley Avenue and Dunn Street, in the City of Niagara Falls, from
1149948 Ontario Limited (Alfredo Varalli and Anthony Zappitelli) and that the Mayor
and Clerk be authorized to execute any and all documentation required to
accomplish this end.
4. That the City accept the pledge of the Board of Management of the Fallsview
Business Improvement Area to contribute $15,000,000.00 towards the operation of
the Niagara Falls Convention and Civic Centre by way of annual installments of
$1,000,000.00, for a period of 15 years and that the Mayor and Clerk be authorized
to execute any and all documentation required to accomplish this end.
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Council Minutes
5. That the City accept the pledge of the Board of Management of the Victoria Centre
Business Improvement Area to contribute $1,500,000.00 towards the operation of
the Niagara Falls Convention and Civic Centre by way of annual installments of
$100,000.00, for a period of 15 years and that the Mayor and Clerk be authorized
to execute any and all documentation required to accomplish this end.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the report be approved as recommended.
MAYOR'S REPORTS, ANNOUNCEMENT
Carried Unanimously
Mayor Salci offered condolences to the family of Frank Candeloro, who served as
the General Manager of Club Italia for many years.
On November 6 at 6:00 p.m Mayor Salci will be attending the public consultation
for Niagara Falls regarding the long -term accommodation strategy of the Police Services
Board at the MacBain Community Centre.
The Mayor outlined recent events: the retirement of long -time City employees,
Joanna Daniels and Frank Galella, long -time City employees; the first annual "Copters for
Cancer" event was held on October 20 the Niagara Catholic District School Board 150
Anniversary; Father Hennepin School's 50 Anniversary and the Annual Poor Boy auction
for the United Way of Niagara.
Upcoming events include Heart Niagara's 30 Anniversary fundraiser gala ; Niagara
Falls Arts & Culture Wall of Fame induction ceremony at Niagara Square; the Winter
Festival of Lights 25 Anniversary kick off; the Chippawa Remembrance Day Service on
November 4 and the Niagara Falls Remembrance Day Service on Sunday, November 11
at the Niagara Falls Memorial Arena.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Optimist Club Youth Appreciation Week - requesting that November 18 - 24, 2007
be proclaimed "Youth Appreciation Week" in the City of Niagara Falls.
RECOMMENDATION: For the approval of Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the communication be approved as recommended.
Carried Unanimously
2. Toys for Tickets - clarification on dates for Toys for Tickets drive.
RECOMMENDATION: For the information of Council
ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo
that the communication be received for information as recommended.
Carried Unanimously
3. Canadian Diabetes Association - requesting that the month of November be
proclaimed as "Diabetes Awareness Month" in the City of Niagara Falls.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo
that the communication be approved as recommended.
Carried Unanimously
Councillor Diodati left the Chambers
REPORTS
October 29, 2007
Council Minutes
RATIFICATION OF CORPORATE SERVICES COMMITTEE AGENDA
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the recommendations from the Corporate Services Committee Agenda be approved
as recommended
The following items are to be ratified from tonight's meeting of the Corporate Services
Committee:
1) F- 2007 -35
2006 Financial Statements
That Council approve the 2006 Consolidated Financial Statements as presented
and prepared by the City's Auditor, Crawford Smith and Swallow.
2) CPS - 2007 -03
Water and Sewer Rates Review
That the information provided in response to "Water Rate Study" be received and
filed; That staff be authorized to engage consulting services to review the City's
water and sewer rates and that Louden and Fortin be invited to provide a proposal
on the water and sewer rate review.
2) 2008 FUNDING REQUESTS:
a) That the 2008 Funding Requests from the following agencies be referred to final
budget deliberations:
Niagara Falls Public Library, including the additional $25,000 request.
GNGH Foundation
Niagara Falls Board of Museums
Winter Festival of Lights
Niagara Falls Tourism
Women's Place of South Niagara
b) That the financial submissions from the following agencies be referred to final
budget deliberations:
Niagara Chair -A -Van
Project SHARE
YWCA Niagara Region
United Way of Niagara Falls
Niagara District Airport Commission
Niagara Falls Big Brothers Big Sisters Association
New Business
That staff initiate actions requesting the Region to allow the City of Niagara Falls to
redirect its proportional share of funding for the NEDCO budget to fund Niagara Falls
Tourism
That Council be provided a full report on the 2008 funding requests with staff's
corresponding recommendations.
That Council be provided a report back on line items from the 2007 budget that were
not spent and have been referred back to 2008 budget.
Carried Unanimously
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Council Minutes
RATIFICATION OF "IN CAMERA" ACTIONS & PROPERTY MATTERS
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Mayes.
1. 7964 Beaverdams Road
That Council approve the Agreement of Purchase and Sale between the City and
Margaret June Burciul for $118,000.00; and
That the Mayor and Clerk be authorized to execute the aforementioned Agreement
of Purchase and Sale and the Clerk be authorized to affix the corporate seal
thereto.
2. L- 2007 -45, Declare Surplus and Offer for Sale, Part of Lot 39 Plan 1001, South
Side of Simcoe Street (File No. 2007 -278)
That Part of Lot 39 on Plan 1001 ( "subject lands ") be declared surplus and offered
for sale, by way of direct sale, to the abutting owner, Lorenzo Siciliano, for the
appraised price of $19,500.00 and further that said abutting owner pay for all costs
associated with the sale and tear down the existing building.
3. L- 2007 -50, City Purchase from Douglas Shultz and Germaine Shultz (File No. 2007-
412)
That Council approve the Agreement of Purchase and Sale between the City and
Douglas Shultz and Germaine Shultz as outlined in report L- 2007 -50 for
$20,000.00;
That the Mayor and Clerk be authorized to execute the aforementioned Agreement
of Purchase and Sale and the Clerk be authorized to affix the corporate seal
thereto.
4. L- 2007 -49, Niagara Falls Hydro Holding Corporation, Annual Resolution (File No.
2002 -56)
That Council adopt the Resolution attached as in report L- 2007 -49, in its capacity
as the Shareholder of Niagara Falls Hydro Holding Corporation;
That the Mayor be authorized to execute the Annual Resolution on behalf of
Council, as the shareholder's representative, pursuant to the Shareholder
Declaration dated March 5, 2007.
Councillor Diodati returned
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.
F- 2007 -40 - Cancellation, Reduction or Refund of Taxes Under Section 357 and 358
of the Municipal Act, 2001 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.
7 - October 29, 2007
Council Minutes
L- 2007 -48 - Release and Abandonment of Easement Part 3 on Reference Plan 59R-
7614 (File No. 2007 -347) It is recommended that a Grant of Easement for the purpose of
drainage of storm and surface water registered on title to Part Lot 20 Concession 2
Willoughby designated as Part 3 on Reference Plan 59R -7614 ( "subject lands ") be
released.
MW- 2007 -110 - Kalar Road Pump Station Environmental Assessment and Niagara
Falls Pollution Control Plan Update Environmental Assessment Scope Change and
Authorization to Pay Additional Fees It is recommended that Council authorize the
payment of additional consulting fees for the Kalar Road Pumping Station Environmental
Assessment (EA) to CH2M Hill in the amounts of $30,000 and $80,000 respectively.
MW- 2007 -124 - Drinking Water Quality Management System Consulting Services -
Urban & Environmental Management Inc. It is recommended that Council authorize the
engagement of Urban & Environmental Management Inc. to assist in the preparation and
implementation of the Operations Plan required under the Safe Drinking Water Act (2002)
at an upset limit of $59,055.00 (plus GST) and; that the Mayor and City Clerk be authorized
to execute the necessary agreement.
PD- 2007 -90 - 26CD -11- 2007 -05, Draft Plan of Condominium, 5840 Dunn Street
(Southwest Corner of Ailanthus Avenue & Dunn Street), Owner: Pinewood Homes
(Tara) Ltd. (Angiolina Colaneri) It is recommended (1) that the Plan of Condominium be
draft approved subject to the conditions in the attached appendix; (2) that the Mayor or
designate be authorized to sign the draft plan as "approved" 20 days after notice of
Council's decision has been given as required by the Planning Act, provided no appeals
of the decision have been lodged; (3) that draft approval be given for three years, after
which approval will lapse unless an extension is requested by the developer and granted
by Council; and (4) that the Mayor of City Clerk be authorized to execute the condominium
agreement and any required documents to allow for the future registration of the
condominium when all matters are addressed to the satisfaction of the City Solicitor.
R- 2007 -28 - George Bukator Park Agreement and Park Location It is recommended
that the City of Niagara Falls enter into a renewal Agreement for the George Bukator Park
relating to the License Agreement with Ontario Power Generation Inc. and the Mayor and
Clerk be authorized to sign the agreement; and that the name George Bukator continue
to be associated with this park.
R- 2007 -30 - Preakness Park Re- Design It is recommended that the information regarding
the re- design of Preakness Park be received.
R- 2007 -31 - Tender #T11 -2007, Garner Park Landscape Development It is
recommended (1) that Tender #TR11 -2007 be awarded to Stevensville Lawn Service Inc.
for the tendered price of $144,961.00, excluding GST; and (2) that the Mayor and City
Clerk be authorized to execute the necessary agreement.
ORDERED on the motion of Councillor Wing, seconded by Councillor Diodati that
the reports on the Consent Agenda be approved as recommended.
ORDERED on the motion of Councillor Wing, seconded by Councillor Kerrio that staff
report back on how to best deal with unauthorized ATV's in City parks.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
Council appoint Councillor loannoni to sit on the Water & Wastewater Services Delivery
Review.
Carried Unanimously
Carried Unanimously
2007 -218
2007 -219
2007 -220
- 8 - October 29, 2007
Council Minutes
PROPERTY MATTERS
L- 2007 -37 - Chief Administrative Officer - Permanently Close Laneway between
McGrail Avenue and Ellen Avenue (File No. 2007 -167) It is recommended that a laneway
located between McGrail Avenue and Ellen Avenue to the north west and south east and
Centre Street and Walnut Street to the south west and north east ( "subject land ") and
shown hatched on Attachment "1" be permanently closed and conveyed to the abutting
owners.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the report be approved as recommended.
2007 -213 A by -law to permanently close part of a highway
BY -LAWS
Carried Unanimously
Mr. Lorenzo Siciliano was present regarding the sale of lands by -law 2007 -214. He
was advised of what the City's plans were.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the by -laws be given a first reading.
Carried Unanimously
2007 -214 A by -law to declare Part Lot 39 south side of Simcoe Street Plan 1002
Town of Niagara Falls, in the City of Niagara Falls, surplus
2007 -215 A by -law to authorize the execution of an Agreement of Purchase and
Sale with Douglas Schultz and Germaine Schultz respecting the purchase
of lands described as Part of Lot 156, Stamford, in the City of Niagara
Falls, in the Regional Municipality of Niagara, shown as Schedule "B" in
the attached Agreement of Purchase and Sale
2007 -216 A by -law to establish Part Lot 53 Plan 87 Stamford as a public highway,
to be known as and to form part of Rysdale Street
2007 -217 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
A by -law to authorize a Release and Abandonment of Easement to amend
the register to release an Easement registered as Instrument Number
R0714435
A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Stop Signs at Intersections) Randy at
Cherryg rove
A by -law to authorize the execution of an Agreement of Purchase and
Sale with Margaret June Burciul respecting the purchase of lands being
Part of Township Lot 123, Stamford; in the City of Niagara Falls, in the
Regional Municipality of Niagara
2007 -221 A by -law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 29 day of October, 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
Speeding on Woodbine Ave
- 9 - October 29, 2007
Council Minutes
Property Standards By -law
NEW BUSINESS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
staff install all way stops on Woodbine Street at Belfast and Baldwin Avenue intersections.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
staff report back on tools to deal with provision of vital services in rental accommodations.
Carried Unanimously
Train Bridge
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the principals developing the Train Bridge be invited to make a presentation to Council.
Carried Unanimously
ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that
the meeting be adjourned at 10:25 p.m.
Ci -2J:i S ole,t:
Carried Unanimously
DEAN I • , FIDA, CITY CLERK R.T. (TED) SALCI, MAYOR