2009/05/25Committee Room 2
May 25, 2009
Council met on Monday, May 25, 2009 at 6:30 p.m. in an In Camera Session. All
members of Council except Councillor loannoni were present. Councillor Wing presided
as Chairman.
TENTH MEETING
IN CAMERA MEETING
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
D AN IORFIDA ITY �LERK R.T. (TED) SALCI, MAYOR
REGULAR COUNCIL MEETING
Council met on Monday, May 25, 2009 at 7:15 p.m. for the purpose of considering
Regular Business matters. All members of Council were present. Councillor Maves
offered the Opening Prayer.
Mayor Salci welcomed the newly appointed Chief Administrative Officer, Ken Todd
to the City of Niagara Falls to his first Council meeting.
ADOPTION OF MINUTES
ORDERED on the motion of Councillor Maves seconded by Councillor Pietrangelo
that the minutes of April 27, 2009 and May 4, 2009 be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Wrng indicated a conflict with report TS-2009-27 and to cheque 328093,
as the Board of Museums is her spouse's employer.
Councillor loannoni indicated a pecuniary interest to Cheque numbers 328296 and
328093, made payable to her spouse and a conflict with report TS- 2009 -27.
Councillor Pietrangelo indicated a conflict to Communication # 4 as it involves his
employer.
Councillor Thomson indicated a conflict to report TS- 2009 -27.
Councilor Maves indicated a conflict to Communication # 3, as it involves his place
of employment.
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Council Minutes
DEPUTATIONS
National Access Awareness Week
Mayor Salci and Paisley Janvary-Pool, Chair, Disability Advisory Committee
presented the Niagara Falls Public Library with the Patrick Cummings Award, Blake
McIntyre, Vice Chair of the library board accepted the award in recognition of going above
and beyond in creating a barrier free environment. Certificates were also presented to
Gary & Jill Taylor of For the Needy, Not the Greedy and Niagara Specialized Transit, which
Sandy Bird accepted on their behalf.
ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni
that the week of May 31s - June 6 2009 be proclaimed as "National Access Awareness
Week", in the City of Niagara Falls.
Carried Unanimously
Mayor's Youth Advisory Committee
Kacey Taylor and Laurel Walsh, co- chairs of the Mayor's Youth Advisory committee
advised Council of some the committee's activities this past school year. Two of their main
projects were working with Niagara Transit for students 25 cent bus rides, the Battle of the
Bands and Schoolapolooza.
PARKS, RECREATION & CULTURE MATTERS
Justin Sherwood, President, Refreshments Canada, advised Council of the benefits
of recycling plastic bottles and the environmental impact. He asked that Council review the
information he provided and reconsider the banning plastic beverage bottles at city owned
facilities to banning of only plastic water bottles. He indicated that it takes three times the
energy to produce aluminum, recycling is preferable to composting and that plastic is highly
recycled.
Harish Aggarwal and Chris Colaneri, members of the Mayor's Youth Advisory
Committee are in support of Council's decision to eliminate the sale of all plastic beverage
bottles at city owned buildings and asked that Council stay firm on their decision. They felt
other businesses should take the lead of the municipality.
Frank Fohr, Park in the City Committee, felt that, with regard to the three R's, reduce
and reuse is preferable to recycling. He advised that the Park in the City will be selling
stainless steel containers and reusable bags. Mr.
Don Johnson presented a cheque to the Mayor for $275.00 which he would like to
go towards a new goose neck fountain in the park that bears his name.
Tim Chamberlain, Niagara Falls Soccer Club, is in support of Council's decision. On
behalf of the club, he presented the Mayor with a $2250 cheque to go toward the water
refill stations at city facilities.
Stuart Trew, Council of Canadians, one of the largest citizen based social justice
groups, applauded Council for being in the vanguard by banning the sale of plastic bottles
at City facilities.
Reg Hodgins of G.T. French Paper commended Council on their decision, he
advised that his company is a distributor of paper products. He mentioned companies in
the City that are trying conserve and "go green ", such as the Great Wolf Lodge and the
Fallpview Casino.
Clark Bitter of P & C Compostech, marketer and distributor of environmental
alternatives. Their products include compostable beverage containers and plates.
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Council Minutes
Bernie Slepkov, Sustainable Canada, 213 St. Paul Street, St. Catharines, felt
Council's decision was morally progressive. He asked that Council approve the report with
an amendment that the motion be circulated to the Region, other municipalities, the federal
and provincial governments, FCM and AMO.
1. PRC- 2009 -17 - The Elimination of All Plastic Bottles Beverages Sold in
Municipal Facilities and Parks. The report recommends:
1. That Council reconfirm its decision from February 23, 2009, to eliminate the sale of
all plastic beverage bottles at City owned facilities, municipal buildings, and
recreation facilities, a position endorsed and supported by the Park in the City
Committee and the Mayor's Youth Advisory Committee.
2. That a target date of January 30, 2010, be set to eliminate the sale of all other
beverages in plastic bottles in all municipal facilities.
3. That the operator of the Centre Court Cafe at the MacBain Community Centre be
exempt from the elimination of the sale of water and other beverages in plastic
bottles during the course of the existing lease.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
to approve the recommendation report with an amendment that it be circulated to Region,
other municipalities, the federal and provincial governments, FCM and AMO.
Carried Unanimously
2. Recreation Infrastructure Canada Program (RINC) in Ontario
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the list of potential projects be approved and submitted with an additional submission for
the water fountains at Municipal Park facilities.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Salci offered condolences to Councillor Victor Pietrangelo and his family on
the loss of Victor's uncle, Augustino Palumbo, to Geoff Holman, City employee, on the
passing of his mother -in -law, Marjorie Helena Morgan, to Steve Bush, a city employee, on
the passing of his grandmother, Margaret Oswald and to Cathy Crabbe, a city employee,
on the loss of her husband's aunt, Dororthy Coombs. He was saddened also to hear of the
loss of former Regional Councillor Stan Brickell and Mildred Branscombe, she and her
husband Frank founded the Branscombe foundation.
Mayor Salci advised of some recent events: The Boys & Girls Club Champions for
Children, where the City was honoured for their continued commitment to the capital
campaign, the opening of the "Seneca Queen Centre for Performing Arts" and the Gypsy
Theatre's performance of Cats, the students of the Niagara Catholic District School Board's
performance of "Jesus Christ Superstar" at St. Paul High School, "Niagara Days" at
Queen's Park, where Mayor Salci joined fellow Regional Mayors and Councillors on the
announcement that GO Transit would come to the Region.
The 40 Anniversary of John Lennon and Yoko Ono's honeymoon visit our City will
be commemorated with the event " All we are saying" at the Battle Ground Hotel Museum
on May 30 A brief video that Yoko Ono send of their time spent here was shown.
Mayor Salci congratulated Khalid Jamil and Seema Khalid, the owners of a local
Quizno's store on Montrose Road, for the recognition they received from the corporate
operation.
Mayor Salci advised of some upcoming events: Prostitution Ad -Hoc Committee has
been re- instated and the first meeting is schedule for May 29 at City Hall, an information
night about International Baccalaureate Program, the Annual Rural Medicine Week in
which the City will be hosting University of Toronto medical students.
May 25, 2009
Council Minutes
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Spina Bifida and Hydrocephalus Association Ontario - Request that the month
of June be proclaimed as Spina Bifida and Hydrocephalus Awareness Month.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that
the request be approved.
Carried Unanimously
2. Main & Ferry BIA - 2009 Draft Budget
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
the budget be approved.
Carried Unanimously
3. Window Boxes of Chippawa - Requesting Waiver of fee application for Road
Closure and insurance fees.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion Councillor Fisher, seconded by Councillor Pietrangelo that
the request for a grant equal to the fees for the road closure be approved.
Carried Unanimously
with Councillor Maves declaring a conflict
4. 2009 OFSAA Varsity Girls Soccer Tournament - Request to have field fees for
Girls Home for Soccer waived.
RECOMMENDATION: That based on the recently implemented Youth Educational
Rate, Council deny the request.
ORDERED on the motion of Councillor Wing, seconded by Councillor Maves that
the staff recommendation be approved.
with Councillor Pietrangelo declaring a conflict
Carried Unanimously
5. Request for Charter Transit Service - North America n Ranger Supporters
Association (NARSA) are requesting the supply of Transit Services for the event.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that a grant equal to the provision of charter services be approved.
Carried Unanimously
LEGAL MATTERS
REPORTS
L- 2009 -24 - Chief Administrative Officer - Permanently Close Multiple Road
Allowances
The report recommends that the road allowance lands set out herein be permanently
closed.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the report be approved as recommended.
Carried Unanimously
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Council Minutes
L-2009-22 -Chief Administrative Officer - Declare Surplus - Two Arenas, 5145 Centre
Street and 6570 Frederica Street. The report recommends that:
1. That the municipal arena located at 5145 Centre Street and known as Niagara Falls
Memorial Arena ( "Memorial subject lands ") and shown hatched on Attachment "1",
be declared surplus.
2. That the municipal arena located at 6570 Frederica Street and known as Stamford
Memorial Arena /Jack Bell Arena ( "Stamford /Bell subject lands ") and shown hatched
on Attachment "2 ", be declared surplus.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati
that report be approved with an amendment that the letter from the Victoria Centre BIA be
referred to staff.
Carried Unanimously
L- 2009 -21 -Chief Administrative Officer - Sign By -law Amendment. The report
recommends that:
1. That section 7 of By -law No. 2008 -224 be amended to add to it the following:
7.3.5 Notwithstanding clause (a) of section 3.6.1, an awning sign may encroach
onto a street one half of the distance between the streetline and the street
curb or the shoulder of the street where a shoulder exists or to within 0.8
metres of a street curb or the shoulder of a road where a shoulder exists
whichever is the lesser of the two distances.
2. That section 10 of By -law No. 2008 -224 be amended to add to it the following:
10.5 Notwithstanding clause (a) of section 3.6.1, a canopy sign may encroach
onto a street one half of the distance between the streetline and the street
curb or the shoulder of the street where a shoulder exists or to within 0.8
metres of a street curb or the shoulder of a road where a shoulder exists
whichever is the lesser of the two distances.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that the report be deferred.
Carried Unanimously
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes
that the actions taken in Community Services Committee, on May 25, 2009 be approved.
Carried Unanimously
1. The minutes of the May 4, 2009 meeting be approved as amended.
2. TS- 2009 -08
Preakness Street - Speed Control Program
That the installation of speed humps on Preakness Street between Montrose Road
and Paddock Trail Drive, be approved and that staff monitor the situation over the
next six months.
3. TS- 2009 -09
Centre Street at Ellen Avenue - Intersection Safety Review
That the installation of an overhead flashing beacon at the intersection of Centre
Street and Ellen Avenue be approved.
4. TS- 2009 -26
Bus Loading /Unloading Zone
St. Lawrence - St. Clair Avenue
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Council Minutes
1) That the east side of St. Lawrence Avenue between Huron Street and Queen
Street be designated as a "tour bus loading and unloading" zone.
2) That the east side of St. Clair Avenue between Huron Street and Queen
Street be designated as a "tour bus loading and unloading" zone.
5. TS- 2009 -27
Sidewalk Widening Request to Remove
Two Pay Parking Spaces
Northeast Corner of Clifton Hill and Oneida Lane
1) That the two parking spaces on the northeast corner of Clifton Hill and
Oneida Lane be removed for sidewalk widening;
2) That 1720679 Ontario Ltd be required to reimburse the City Parking
Operation a total of $7,200 in lost revenue for 2009 only;
3) That staff investigate, with the Clifton Hill BIA, opportunities of replacing the
two pay parking spaces.
6. PD- 2009 -38
Review of Commercial Policy for Market Studies
That staff go forward amending the Official Plan to remove the requirement of
retail market studies and, in the future, staff make a recommendation having
regard for the capacity in the market on a case by case basis.
7. MW- 2009 -23
2009 Development Charges Study
Consultants Draft Report
That this report be received for information.
RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the recommendation from the "In Camera" meeting on May 25, 2009 be
approved.
1. That for the sale of future Sale of Surplus Lands that the auctioneer go without
reserve bids.
Carried Unanimously
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May 25, 2009
Council Minutes
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.
CPS - 2009 -04 - Reserve Fund for the Development and Sale of Surplus Land. It is
recommended that a Reserve Fund of $100,000 be established and maintained to provide
funds for the development and sale of surplus City lands.
FS- 2009 -04- Emergency Generator Purchase. It is recommended that Council approve
the purchase a portable emergency generator from Stephenson's Rental.
F- 2009 -28 - Interest Policy - Capital Projects. It is recommended that Council adopt the
Interest Policy for capital projects.
F- 2009 -30 - Major Receivables Monthly Report (April). It is recommended for the
information of Council.
F- 2009 -31 - Municipal Accounts. It is recommended that Council approve the municipal
accounts totaling $8,403,621.33 for the period April 2, 2009 tp April 29, 2009.
F- 2009 -32 - 2009 Property Tax Rates. It is recommended that Council approve the 2009
Property Tax. rates.
F- 2009 -33 - Final Tax Notice Due Date. It is recommended that June 30 and September
30 be approved as the 2009 Final Due Dates for the Residential, Pipeline, Farmland and
Managed Forest Assessment Classes.
L- 2009 -23 - Execution of Agreement with Niagara & Bruce Peninsula Auctions Sale
of Surplus Lands by Auction. It is recommended that Council approve the Professional
Services Agreement in a form acceptable to the Chief Administrative Officer and the City
Solicitor, and that the Mayor and Clerk be authorized to execute the Professional Services
Agreement and the Clerk be authorized to affix the corporate seal thereto.
MW- 2009 -36 - Grassy Brook Sanitary Sewage Pumping Station Operating Agreement
with the Region on Niagara. It is recommended that the terms and conditions in the
Grassy Brook Sanitary Sewage Pumping Station Operating Agreement with the Region of
Niagara be approved; and that the Mayor and Clerk be authorized to execute the
appropriate documents.
MW- 2009 -38 - Purchase of Easement on Hydro One Network Inc. Lands Warren
Creek Channelization Project. It is recommended that the Mayor and City Clerk be
authorized to sign and execute a Grant of Easement for future drainage works required for
the Wan Creek Channelization Project on lands owned by Hydro One Networks Inc.
MW- 2009 -39 - Contract 2009 -08 - 2009 Surface Treatment Program. It is recommended
that the unit prices submitted by the lowest tenderer Norjohn Contracting & Paving be
accepted; and that the Mayor and City Clerk be authorized to execute the necessary
agreement.
TS- 2009 -25 - Request for Private Parking Enforcement Appointment- Niagara Clifton
Group. It is recommended that Niagara Clifton Group be included with a separate
schedule to by -law 2002 -081; that security staff at Niagara Clifton Group be appointed as
Provincial Offences Officers for the purpose of enforcing parking by -laws only upon 4943,
4945 Clifton Hill and 5711 McGrail Avenue; and that by -laws appearing later on tonight's
agenda be approved.
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Council Minutes
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Wing that
the reports on the consent agenda be approved as recommended.
Carried Unanimously
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the by -laws be given a first reading.
Carried Unanimously
2009 -77 A by -law to declare the lands shown on Attachment "1" and municipally
known as 6570 Frederica Street, surplus.
2009 -78 A by -law to declare the lands shown on Attachment "1" and municipally
known as 5145 Centre Street, surplus.
2009 -79 A by -law to authorize the execution of an Agreement with James Walker and
Virginia Walker with respect to conditions imposed by the Committee of
Adjustment by decision dated August 12, 2008 under File No. B- 2008 -019.
2009 -80 A by -law to declare multiple City-owned lands surplus.
2009 -81 A by -law to permanently close part of a highway.
2009 -82 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.
2009 -83 A by -law to amend By -law No. 79 -200, to recognize an existing place of
worship and permit an expansion thereto, to reduce the parking requirements
for a place of worship and to permit a portion of the required parking to be
provided off -site. (AM- 2009 -006)
2009 -84 A by -law to amend. By -law No. 79 -200,. to permit a theatre with reduced
parking requirements. (AM- 2009 -005)
2009 -85 A by -law to amend By -law No. 79 -200, to permit a hotel without meeting
rooms and with reduced parking requirements. (AM- 2009 -005)
2009 -86 A by -law to authorize the payment of $8,403,621.33 for General Purposes.
2009 -87 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Limited Parking, Loading Zones, Parking
Prohibited, Stopping Prohibited)
2009 -88 A by -law to set and levy the rates of taxation for City purposes, for Regional
purposes, and for education purposes for the year 2009.
2009 -89 A by -law to amend a by -law to licence seasonal business services.
2009, -90 A by -law to authorize the execution of an Agreement with the Regional
Municipality of Niagara (the "Region") to operate the Grassy Brook Sanitary
Sewage Pumping Station.
2009 -91 The Mayor and Treasurer 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 by the Province of Ontario (the "Province ") to
the Municipality under the Dedicated Gas Tax Funds for Public
Transportation Program as in Schedule "A" attached hereto.
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Council Minutes
2009 -92 A by -law authorizing the Mayor and Clerk to execute a Grant of Easement
between the Ontario Realty Corporation, acting as an agent on behalf of Her
Majesty the Queen in right of the Province of Ontario, represented by the
Minister of Energy and Infrastructure for the Province of Ontario (the
"Ministry") and the City of Niagara Falls (the "Municipality") related to lands
described as Part of Township Lot 185 (Stamford Township) now City of
Niagara Falls, further described as Parts 4 and 8 on Deposited Reference
Plan 59R -13883 as in Schedule "A " attached hereto. (Warren Creek)
2009 -93 A by -law to hereby authorize the execution of a Canadian - Ontario Municipal
Rural Infrastructure Fund (COMRIF) Funding Agreement Addendum
between Her Majesty the Queen in right of the Province of Ontario, as
represented by the Minister of Agriculture, Food and Rural Affairs
Transportation for the Province of Ontario (the "OMAFRA ") and the City of
Niagara Falls. (Bridge Street)
2009 -94 A by -law to authorize the execution of a booking and licence agreement with
RRVP Niagara Square, Riocan Property Services for displays related to
National Public Works Week.
2009 -95 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 25 day of May, 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.
Carried Unanimously
Residential Parking Permit Program
NEW BUSINESS
ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni
that a Residential Convenience Pass Program for up to 2 hours parking at On- Street
parking meters /machines be instituted, at a cost of $52 /yr (plus taxes); based on a pro-
rated and sliding scale as per the # of weeks valid; and that this programs be advertised,
implemented and monitored on a trial basis until Dec. 31, 2010; and that this program
commence as soon as possible within the coming weeks.
with Councillor Thomson and Wing opposed.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the meeting be adjourned at 9:20 p.m.
Motion Carried
Carried Unanimously
DEAN IORF,IDA, CITY CLERK R.T. (TED) SALCI, MAYOR