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2009/07/20THIRTEENTH MEETING IN CAMERA MEETING Committee Room 2 July 20, 2009 Council met on Monday, June 20, 2009 at 7:00 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 not rise and report in open session. REGULAR COUNCIL MEETING Chambers July 20, 2009 Council met on Monday, July 20, 2009 at 8:10 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Diodati offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Diodati that the minutes of June 29 2009 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Pietrangelo indicated a conflict with a wire transfer to the Niagara District School Board, his employer. Mayor Salci indicated a pecuniary interest to cheque no. 329729, made payable to himself. DEPUTATIONS /PRESENTATIONS Project SHARE 10 Men in a Tent Event Jeff Guarasci, Resource Development & Communications Coordinator extended greetings on behalf of Project SHARE and introduced Tim Parker, Ripley Entertainment. Mr. Parker announced details of the fundraising initiative, 10 Men in a Tent Event. Beginning Monday, August 17 to Friday August 21S 2009, 10 local business men that include: Bob Gale, Brian Pellow, Kevin Grealy, Bill Burke, Jim Diodati, Dino Fazio, Tim Parker, David Martineau, Dr. George Zimakas and Rob White will sleep, live and work from a large tent situated at the corner of Montrose Road and Thorold Stone Road. The purpose is to create awareness and raise needed funds for Project SHARE. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that August 17 - 21s 2009 be proclaimed as "10 Men in a Tent Event" in the City of Niagara Falls. Carried Unanimously Senior of the Year The report recommends: - 2 July 20, 2009 Council Minutes Lois Finkbeiner was recognized for being selected Senior of the Year. Mayor Salci presented Ms. Finkbeiner with an award from the Ontario Honours and Awards Secretariat and congratulated her on her accomplishments. DEVELOPMENT CHARGES MW- 2009 -53 - Chief Administrative Officer - 2009 Development Charges Background Study and By -law. 1. City Council adopt the 2009 Development Charges Background Study subject to the modifications detailed in this report including the attached appendices; and, 2. That the Development Charges By -law, later on the agenda, be approved, including the following specific rates; 3. The Development Charge rate for residential development in the Urban Area be increased from $8,870 /unit to $10,000 /unit; and, 4. The Development Charge rate for non - residential development in the Core Tourist Area be decreased from $3.07/sf to $1.82/sf of gross floor area; and, 5. The Development Charge rate for non - residential development outside the Core Tourist Area in increased from $2.80 /sf to a discounted rate of $4.43/sf; and, 6. It be determined that there is no need to hold an additional Public Meeting prior to the consideration of the new Development Charges By -law. Tom Richardson, Sullivan Mahoney, spoke on behalf of the owners of the Warren Woods. He outlined how the drainage works will benefit lands to the north. Mr. Richardson advised that his client has no objections and is now in agreement with the Development Charge Rates. Glen Wellings, on behalf of Villarboit, (McLeod Road /Montrose Road property) expressed his concern with the development charges increase. Mr. Wellings feels this is bad timing for an increase in these tough economic times. Mr. Wellings suggested that an increase in DC's could be a disincentive to development in Niagara. He proposed options such as a freezing or phasing in of development charges. Italia Gilberti, Broderick & Partners, representing the core tourist developers is in favour of the final report and proposed by -law. Josh Kaufman, on behalf of Smart Centres, addressed the report and recommendations made by staff. Mr. Kaufman advised that the possible increases would threaten the advancement of their project. He understands the need for increases and is willing to accept reasonable development charge increases. Mr. Kaufman echoed the suggestions of a temporary freeze or phasing in of any increases. He indicated that his client would not be able to apply for a building permit until September, at the earliest. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that MW- 2009 -53 be approved as recommended. Carried Unanimously - 3 - PLANNING /CONDOMINIUM MATTERS July 20, 2009 Council Minutes PD- 2009 -44 - Chief Administrative Officer - Condominium Conversion Information Report The report recommends that Council receive this report for information and direct staff to implement the changes in municipal procedures as outlined in this report. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be deferred so staff could investigate the availability of affordable rental units in Niagara Falls. Carried Unanimously 2. PD- 2009 -51 - Chief Administrative Officer - Supplement Report (Prior Council Deferral), 26CD -11- 2008 -03, Draft Plan of Condominium (Conversion), 4218 Portage Road (East Side), North of Gallinger Street. Owners: Shaukat & Amina Parekh ( Agent - Al Heywood) The report recommends: 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. Brian Sinclair, agent for the applicant, stated that under the present legislation, the tenants are protected. He advised that the conversion would be a better situation for the tenants. Donelda Warren, a tenant, advised that a number of residents had met with Mr. Sinclair and were generally satisfied by what was proposed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the report be deferred so that the residents are consulted and notified of the next meeting. Carried Unanimously PLANNING MATTERS PD- 2009 -52 - AM- 2009 -009, Zoning By -law Amendment Application, Dunn Street (North Side) - Opposite Ailanthus Avenue Applicant: Pinewood Homes Ltd. ( Tara Colaneri) 6 Storey, 58 Unit Condominium Apartment Building. The Director of Planning reviewed the recommendations and provided the following information. Background 4 - July 20, 2009 Council Minutes building containing 58 not permit apartment Apartment 5C Density The applicant proposes the development of a 6 storey apartment units. The subject land is currently zoned Institutional (I) which does buildings and limits the height of buildings to 3 storeys. The applicant has requested the zoning be changed to Residential (R5C) zone with site specific development standards. Planning Analysis Provincial Growth Plan The Provincial Growth Plan directs municipalities to plan for a mix of housing within the community and provide for the intensification of land uses within the built -up area. Municipalities are to identify the appropriate type and scale of development. While the proposed zoning would accommodate an intensified form of development and add to the mix of housing types in the area, the scale of the development is not in keeping with the established and planned character of the area. Official Plan The proposal does not comply with the OP policies due to the requested height and density. The City's OP designates the subject land and surrounding properties as Residential. The policies support apartment buildings between 4 and 6 storeys up to a maximum density of 100 units /hectare (40 un /ac) where located on the periphery of residential neighbourhoods. Typically, maximum height and densities can only be achieved in ideal situations. Dunn Street is classified as an arterial road and the site generally meets the Iocational criteria for higher densities. The proposed development will have a density of 102 un/ ha which exceeds that allowed by the Official Plan. While there is a mix of land uses adjacent to the site which afford some increase in density, the lands are not on the peripheral edge of the residential area and does not provide a gradation of heights. The proposed 6 storey apartment would not be in keeping with the character of the area. Across the street is a 4 storey building which the OMB determined was appropriate height for the character of the neighbourhood and required a roof feature to provide the visual impression of a 3 storey building with units in the attic level. Although staff had supported a building height of 5 storeys across the street, that was for a development with underground parking and the OMB ultimately decided a lower building was preferred. The abutting retirement homes to the east and north are 2 and 3 storeys Zoning The property is currently zoned Institutional (I) which permits a hospital, nursing home and retirement home, to a maximum height of 10 m (32.8 ft) (3 storeys). The requested R5C zone provides a maximum height of 19 m (62.3 ft) (6 storeys). The requested height is almost double the height currently permitted on the site and the surrounding area. The requested height is not in keeping with the levels established for the area, as the building across the street has an approved site plan height of 12 m (39.37 ft). The standard R5C zone requires 100 sq m (1,7064 sq ft) of lot area per dwelling unit, July 20, 2009 Council Minutes which has a density of 100 un /ha (40 un /ac). The applicant is seeking a lot area of 97.82 sq m (1,053 sq ft) per unit. This equates to 102 un /ha. The density is twice that for apartments in the R4 zone of nearby lands. The reduction of 2 floors and an increase in the building footprint would allow for some intensification while still allowing for a density in compliance with the OP. The R5C zone requires a minimum landscaped area of 40% whereas the proposal is to provide only 30 %. The applicant proposed using coloured /stamped concrete for portions of the parking lot to compensate for the loss in landscaping. This is unacceptable as the area will be used to park cars not for resident . amenity space. A full landscape component is necessary to visually reduce the mass and scale of an apartment building on this site. The site design has driveways with parking on only one side. This could be altered to reach the 40% landscaping by shifting the building from the centre of the site to one side with a single driveway having parking on both sides. The proposal is an over development of the site. Site Plan Control The Site Plan control process will determine design details including driveways, parking layout, landscaping, perimeter privacy fencing, lighting, service construction and grading /drainage requirements. Conclusion The multi - family residential use of the subject land is supported. However, the requested height, density and landscaping provisions are not appropriate to provide a development that is compatible with the neighbourhood. Therefore, the application, as submitted cannot be recommended for approval. The applicant is encouraged to redesign the development for the site at a lower height and density and bring the revised plan back to Council for consideration at a future meeting. Recommendation That Council not approve the Zoning By -law amendment application for a site specific Residential Apartment 5B Density (R5B) zone to permit a 6 storey apartment building at 102 units /hectare. Sister Loretta Rowheiser, 5840 Dunn street, lives at the Pine Mansion apartment building and stated how the building is beautiful and only enhances the Dunn Street area. She believes a new apartment building will do the same. Donna D'amiano, 6682 Ailanthus Avenue, believes the applicant should have a plan that fits an R5C zoning and there should be a cap on the density. Emilio Raimondo, architect for the project, by use of a figure ground plan showed how the six - storey building would be in keeping with neighbouring buildings such as Cavendish Manor. He indicated that their shadow studies showed no ill effect on surrounding properties. Rocco Vacca, agent for the applicant, listed adjacent property owners to the west and east that are in support of the application. He pointed out that any opposition is farther away from the development. Mr. Vacca also indicated that Parking and Traffic did not require a traffic impact study because of the minimal effect. The Public Meeting was now Closed. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be approved as recommended. with Councillor Kerrio opposed. PD- 2009 -53 - AM-2009-004, Zoning By -law Amendment Application, 6570 Frederica Street, Applicant: City of Niagara Falls. Re -zone for Sale of Surplus City -owned Land. The Director of Planning reviewed the recommendations and provided the following information. Background These applications are housekeeping matters to address Council directives. The Frederica Street amendments propose to re- designate and rezone surplus City property for future residential development. The policy amendment to the City's Official Plan is proposed to eliminate the requirement for the submission of commercial market studies. Frederica Street Residential Development The amendment is requested for 2 parcels of land located on either side of Frederica St. between Glenholme Ave. and Prince Edward Ave. and south of Hwy 420. These lands containing the Stamford and Jack Bell arenas and associated parking lots have been declared surplus by the municipality and will be offered for sale after the opening of the Bob Gale arena complex. The existing Prince Edward Park is to remain. South side of Frederica St.: - 6 - July 20, 2009 Council Minutes Motion Carried ► currently designated Open Space which does not permit residential uses. ► OP Redesignation to Residential is proposed to allow the parcel to be used for residential purposes. ► Zoned Open Space — only permits recreational and Institutional uses Zoning is proposed to be changed to Residential Single Family and Two Family (R2) zone which permits single- detached, semi - detached and duplex dwellings. North side of Frederica St: ► Zoning proposed to be changed to a combined Residential Single. Family and Two Family (R2) zone and a Residential low density, Grouped multiple dwellings (R4) zone which would permit single- detached, semi - detached and duplex dwellings as well as townhouses or an apartment building. Provincial Growth Plan Directs municipalities to plan for a mix of housing and intensification This proposal would provide for a mix of housing types with some intensification opportunities. Official Plan North parcel is designated Residential in OP South parcel, containing the arenas is designated Open Space - 7 - July 20, 2009 Council Minutes ► By re- designating the surplus arena site to the same Residential designation as the balance of the neighbourhood will facilitate future residential development of the site. The OP encourages compatible in fill developments such as what will take place on the lands as these contribute to the City's supply of housing units and are an efficient use of existing services that minimize municipal costs. Zoning The R2 zoning proposed for the lands bordered by Frederica St., Prince Edward Ave. and Cook St. is the same zone category as the surrounding area. The development standards for R2 zone will allow a future lotting pattern along the existing streets or by establishing a new roadway through the parcel. Staff estimate approximately 20 residential lots could be achieved. The R2 zone would allow for either detached or semi - detached units or a combination of both. A combined R2 /R4 zone is proposed for the north parcel The usable depth of the property is limited by the setback requirement from Hwy 420, therefore a small, low -rise apartment is a possible option for the site. Based on the minimum lot area provisions of the R4 zone, the size of the parcel would permit a maximum of 15 apartment units. Alternatively, single or semi- detached homes could be constructed under the proposed R2 zone (7 singles or 5 semis- 10 units) An Environmental Site Assessment and Record of Site condition will be required for the arena site prior to future residential development. Although there is a noise attenuation wall along Hwy 420, a noise study is required for Part 2 and 3 to address possible issues including specifics for any warning clauses or construction requirements to mitigate highway noise. These two matters should be addressed through the inclusion of holding (H) provisions in the amending by -law. The H provisions would be removed when the required studies are completed. The Heritage value of the two arenas should be documented. ► The two arenas have an associated value to the community as they have long served as skating /hockey facilities . ► Stamford Memorial arena is in recognition of soldiers who served during World Wars I & II. and was built in 1949. ► Jack Bell arena is named after a local resident for his work with the Stamford Minor Hockey and Stamford Figure Skating club and was built in 1973. ► Prior to the sale of the land and the demolition of the buildings, a photographic /video record of the arenas should be completed. Proposal - City -Wide Retail Market Studies The City is proposing to remove Official Plan policies that require the submission of retail market studies as part of applications to amend the OP and /or neighbourhood commercial zoning. Currently, market studies are to be submitted for: ► A new or significant expansion of a designated commercial district; ► An expansion of floor area beyond that permitted in the Zoning Bylaw; ► An increase in neighbourhood commercial floor area beyond 930 sq m; and ► A new or significant expansion to a Tourist Commercial district. 8 July 20, 2009 Council Minutes Removal of the policies will allow review of applications on a site by site basis. • OP has been amended 7 times in the last 27 years to add new commercial areas or provide for significant expansions. The amendments had largely occurred to respond to changing trends in the retail market and in an attempt to stem the flow of resident spending outside the City. ► Council believes that the retail sector tends to be self - regulating and will not build more space than can be physically absorbed by the market. Evidenced by the number of sites in the City which have approvals, but remain unbuilt. Staff conducted a sampling of OP from other municipalities and found that the documents varied from requiring market studies, providing discretionary policies on studies or did not require studies. Council having considered the effectiveness of requiring market studies is not satisfied it is an adequate tool to meet the intended purpose. There are other municipalities that do not require market studies as part of the review process. Applications for new or expanded retail floor area will be examined by staff on a site -by -site basis during the review process and appropriate comments provided to Council in the planning reports. Accordingly, the proposed amendment to implement Councils' direction will eliminate any requirement to submit market studies for new or expanded commercial districts or floor areas. Conclusion The requested amendments for the Frederica Street properties are recommended for approval. The proposal complies with the Official Plan and Provincial planning policies. These land use changes will facilitate the sale and future residential development of this surplus City land. The inclusion of holding provisions in the zoning by -law is required to address environmental and noise issues. The approval of the City -wide Official Plan amendment to remove the requirement for the submission of retail market studies will implement Council's direction while allowing staff to review applications for new or expanded commercial space on a case by case basis. Recommendation That Council approve the Official Plan and Zoning By -law amendment applications on Frederica Street to redesignate the south parcel Residential and change the zoning of Part 2 to the Residential Single Family and Two Family (R2) zone and Part 3 to a combined Residential Low Density, Grouped Multiple Dwellings (R4) zone, both with the appropriate inclusion of holding (H) provisions in the amending by -law for environmental and noise mitigation requirements. That Council approve the Official Plan amendment application to remove the requirement for the submission of retail market studies. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the recommendation related to 6570 Frederica Street be deferred. with Councillors Fisher, Thomson and Wing opposed Motion Carried ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that a public input session on possible uses for the property be held with nearby neighbours. Carried Unanimously - 9 - July 20, 2009 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the Official Plan be amended to remove the requirement of market studies. Carried Unanimously Councillor Kerrio and Diodati exited Chambers MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to Trent Dark, the city's Director of Human Resources on the recent passing of his father -in -law, Gennaro Paladino. Mayor Salci advised of some recent events: the graduation ceremony for the City's eight new fire fighters and the Musical Festival organized by Celebrate Old Downtown. The Mayor advised that GO service in Niagara Falls continues to be positive with 12,219 people in ridership. Mayor Salci congratulated the Niagara Parks Commission and their many partners, Niagara Falls Tourism, OTMP, Niagara Falls BIAs and GO for the recent unveiling of the book, Niagara Today. The Christian Children's Fund of Canada advised that the City of Niagara Falls is one of the top twenty most generous cities in Canada with respect to supporting the fund in lifetime giving. Upcoming events: Communities in Bloom judges will be in Niagara Falls and the first deadline for the Bob Gale Recreation fund. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Global Public Affairs - Representing Ontario Power Authority are requesting August 14 2009 be proclaimed as "Count Me In" Community Challenge in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the request be approved as recommended. Councillor Kerrio and Diodati returned to Chambers 2. Request for Fireworks Display. - On August 2, 2009 at "The White Wedding Chapel at the Inn ". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the request be approved as recommended. Motion Carried with Councillor Mayes opposed. LEGAL MATTERS REPORTS Carried Unanimously L- 2009 -29 - Chief Administrative Officer - Declare surplus and Sell city -owned Land Abutting 6701 Bellevue Street. The report recommends: 1. That part of Lots 324, 325 and 326 on Plan 44 and designated as Part 1 on Reference Plan 59R- 13961; in the City of Niagara Falls, Regional Municipality of Niagara ( "subject lands "), and shown on Attachment "1" be declared surplus; and - 10 - July 20, 2009 Council Minutes 2. That Council approve the Agreement of Purchase and Sale (the "Agreement ") from Daniel Stephen Hudson (the "Purchaser ") attached to this Report as Attachment "2 ", and that the Mayor and Clerk be authorized to execute the Agreement and the Clerk be authorized to affix the corporate seal thereto. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services Committee, on July 20, 2009 be approved. Carried Unanimously 1. That the minutes of the April 6, 2009 meeting be adopted as recorded. 2. That the City adhere to its Swimming Pool Fence By -law and thereby deny the request for an exemption to the by -law. 3. That the Best Efforts Agreement between the City and Andrezj Kepinski be pulled from the by -law section of the Council Agenda. 4. L- 2009 -33 Application of Section 99.1 of the Municipal Act, 2001 Our File No. 2009 -142 That Council defer any decision on considering a by -law under s. 99.1 of the Municipal Act to allow staff to do further research and allow the solicitor for the residents to prepare a submission; and That staff be directed to assist parties to investigate alternative solutions. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the meeting go past 11:00 p.m. Motion Carried with Councillor Thomson opposed. CAO- 2009 -01 - Process Related to the Early Retirement Incentive Option The report recommends: 1. That staff strengthens In Camera procedures and ensures a detailed reporting of what transpires for any closed meeting session. 2. That in the absence of the City Clerk, due to Personnel matters, proper procedures be put in place to provide compliance with the Municipal Act. 3. That any similar early retirement program under consideration in the future be presented to Council outlining, in detail, the program criteria. 4. That staff liaisons on Council advisory committees be reminded of their responsibility to brin g forward the committee's recommendations for Council consideration, especially if these recommendations are substantive in nature. 5. That future Human Resources - related matters are dealt with by the Corporate Services Committee. 6. That the Human Resources Committee continue to act on an "Ad Hoc" basis for special assignments, such as CAO performance review. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that recommendations 1 -5 be approved and that the HR Committee be disbanded with all staff related matters directed to the Corporate Services Committee. Carried Unanimously 2009 -116 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. CD- 2009 -09 - Hunting. It is recommended that Council support the request of the Ontario Federation of Anglers & Hunters and discontinue the issuance of municipal small game (pheasants and rabbits) licences. F- 2009 -38 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $21,781,713.01 for the period June 11, 2009 to July 2, 2009. MW- 2009 -51 - Consultant Appointment, Drummond Road Reconstruction Lundy's Lane to McLeod Road. It is recommended that Delcan Corporation be engaged to complete the detailed engineering design for Phase I and II of the Drummond Road Reconstruction Project; and that the Mayor and City Clerk be authorized to execute the necessary Consultant Servicing Agreement. M- 2009 -54 - Contract 2009 -09 - 2009 Crack Sealing Program City Wide. It is recommended that the unit prices submitted by the lowest tenderer Al Asphalt Maintenance be accepted; and that the Mayor and Cit Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the reports on the consent agenda be approved as recommended. Carried Unanimously RESOLUTIONS NO. 30 - WING PIETRANGELO therefore be it resolved that the Minister of Transportation and Ministry staff investigate amendments to the Highway Traffic Act that will allow for the seizure of vehicles, increased fines and any other penalties that will effectively deter the illegal cab trade. BY -LAWS July 20, 2009 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2009 -115 A by -law to authorize the execution of an Agreement of Purchase and Sale with Luz Santos respecting the purchase of lands, being Part 1 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement of Purchase and Sale with Suzanne Backs respecting the purchase of lands, being Parts 13 and 14 on Reference Plan 59R-13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -117 2009 -118 - 12 - July 20, 2009 Council Minutes A by -law to declare part of Lots 324, 325 and 326 on Plan 44 being Part 1 on Reference Plan 59R- 13961; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. A by -law to authorize the execution of an Agreement of Purchase and Sale with Daniel Stephen Hudson respecting the purchase of lands, being Part 1 on Reference Plan 59R- 13961; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -119 The Mayor and Clerk are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided to the Municipality under the Ontario Bus Replacement Program as in Schedule "A" attached hereto. 2009 -120 A by -law with respect to Development Charges (HANDOUT). 2009 -121 A by -law to authorize the payment of $21,781,713.01 for General Purposes. 2009 -122 ,A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20' day of July, 2009. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the by -laws be read a second and third time and passed. Condominium Conversion NEW BUSINESS ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that staff report back to Council on the amount of condo conversions in the last 5 years. Carried Unanimously Shark Population ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that a resolution be prepared voicing concern over the harvesting of shark fins for shark fin soup. Meetings with Provincial Ministers at AMO Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that a meeting be requested with Ministers Smitherman, Duncan and Fonseca. Carried Unanimously Niagara Regional Police Head Quarters ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that a letter be sent to the Niagara Regional Police Services board supporting the efforts of the Board, in determining a location for the NRP Headquarters, by attempting to achieve the best possible policing for the Niagara Region, at the best cost, by way of the most efficient means, incorporating best practices, without political influence or interference Motion Carried with Councillor Thomson opposed NHS - Request for Public Meeting ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that the Niagara Health System be requested to hold a public meeting in Niagara Falls. Carried Unanimously Prince of Wales Horse Race - 13 - July 20, 2009 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that Niagara Falls native, Corey Fraser be invited to a future Council meeting where he can be congratulated for being the winning jockey at this year's Prince of Wales Stakes. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the meeting be adjourned at 11:35 p.m. Carried Unanimously DEAN IORF A, CITY CLERK R.T. (TED) SALCI, MAYOR