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2009/09/14Committee Room 2 September 14, 2009 Council met on Monday, September 14, 2009 at 4:00 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 rise and report in open session. Alzheimer Coffee Break SIXTEENTH MEETING IN CAMERA MEETING DEAN IORFID!(, CITS' CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Chambers September 14, 2009 Council met on Monday, September 14, 2009 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Mayes offered the Opening Prayer. * ADOPTION OF MINUTES ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the minutes of August 31, 2009 be approved as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict to report PD- 2009 -66, as her husband has an employment relationship with the applicant. Councillor loannoni indicated a conflict to report PD- 2009 -66, as she is employed as a consultant with the applicant. Councillor Thomson indicated a conflict to report PD- 2009 -66, as it's his employer. DEPUTATIONS /PRESENTATIONS Teena Kindt, Chief Executive Officer, Alzheimer Society, advised Council of the upcoming National fundraiser being held September 20,2009 and presented Mayor Salci with a "Coffee Break" package. Friday, September25 2009 a lunch fundraiser will be held at City Hall, Civic Square. Habitat For Humanity - 2 - September 14, 2009 Council Minutes Alastair Davis, Chief Executive Officer, made a brief presentation to Council advising of Habitat for Humanity's mission which is to partner with community groups to break the cycle of poverty by building safe, decent and affordable homes. Mr. Davis reviewed the various ways that a City can partner with the organization. MAYOR'S REPORTS. ANNOUNCEMENTS Mayor Salci offered condolences to Gary Rodgers, retired Firefighter on the passing of his mother, Jean Rogers and to the family of the late Danny D'Addio, owner of Maple Leaf Collision Centre, on his tragic and sudden death. Mayor Salci advised of some recent events: Councillor Pietrangelo represented Council at this past weekend's Terry Fox Run, which raised over $27,000. Niagara Falls was pleased to welcome Prime Minister Stephen Harper to tour the Niagara Convention and Civic Centre. A delegation from Zhejiang 1000 Islands Lake, China visited Niagara Falls. A ceremony took place with the Chinese Ambassador to Canada, the Consul General of the People's Republic of China to Toronto and Minister Michael Chan, Provincial Minister of Citizenship and Immigration. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that a plaque be placed at the fountain on Bender Hill and Victoria Avenue in honour of the late Dan D'Addio. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Bellevue Terrace be renamed "Redmond Heights" in honor of the late Ruth Redmond. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Falls Ministerial Fellowship - Request the week of September 27 - October 3` 2009 be proclaimed as a "Week of Prayer" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the week of September 27 - October 3 2009 be proclaimed as Week of Prayer. Carried Unanimously 2. Recreation Committee - Motion from Committee re: Thorold Stone Rd extension RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that a resolution be sent to Region to request that they expedite complete design work so that the extension for Thorold Stone Road can commence immediately upon receipt of a Record of Site Condition. Carried Unanimously 3. The Royal Canadian Legion - Request that September 20 to 26 2009 be proclaimed as "Legion Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED of the motion of Councillor Fisher, seconded by Councillor Maves that the week of September 20th - 26 2009 be proclaimed as "Legion Week" in the City of Niagara Falls. Carried Unanimously - 3 - September 14, 2009 Council Minutes ORDERED of the motion of Councillor Fisher, seconded by Councillor Mayes that a flag raising be held on Monday, September 21s at City Hall to begin Legion Week. Carried Unanimously 2010 Budget Ken Todd, Chief Administrative Officer, provided Council with brief presentation "Looking Ahead - city of Niagara Falls 2010 Budget. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that: 1. Council receive the report, " Looking Ahead - City of Niagara Falls 2010 Budget"; 2. That Council adopt the 2010 Budget Format, Process, and Timelines; and 3. That Council approve the recommended Guidelines to direct staff in the preparation of the 2010 Budget. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on September 14, 2009 be approved. 1. The minutes of the August 10, 2009 meeting be approved. 2. PD- 2009 -70 Forest Glen Drive Parking Restrictions and St. Vincent de Paul Catholic School/ Site Plan Agreement 1. That the "No Stopping" for the hours of 8 a.m. to 10 a.m. and 2 p.m. to 4 p.m. from Monday to Friday excluding holidays from September to June be approved. 2. That a letter be sent to the principal of St. Vincent de Paul and suggest that the school send a memo to the students' parents encouraging them to use the kiss and ride drop -off area along Kalar Road. 3. TS- 2009 -32 TransCab Transportation Pilot Project That a six -month pilot project be established to determine the long term feasibility of a TransCab transportation program in the Montrose Business Corridor. 4. TS- 2009 -33 Queen Street at Ontario Avenue Intersection Control Review REPORTS 1. That the existing metered parking space on the south side of Queen Street immediately to the west of Ontario Avenue be removed. 2. That a "no stopping" zone be installed on the south side of Queen Street between Ontario Avenue and a point 46 metres west of Ontario Avenue. 3. That the sidewalk on the south side of Queen Street be extended to the edge of the traffic lane and referred to the 2010 Capital Works budget for inclusion. 4. That sidewalk cafes be prohibited on the south side of Queen Street between Ontario Avenue and a point 25 metres west of Ontario. 5. TS- 2009 -36 Harvard Avenue at Wilshire Boulevard Intersection Control Review - 4 - September 14, 2009 Council Minutes That a stop control be installed facing northbound motorists on Harvard Avenue at Wiltshire Boulevard. 6. L- 2009 -36 McLeod Road Cost Sharing 1. That the City enter an Agreement with Oakwood Place Shopping Centre Limited, Canadian Tire Real Estate Limited, McLeod Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation, Scott Group of Companies Inc., The TDL Group Corp. and the Regional Municipality of Niagara for the funding of road improvements at the McLeod Road and Queen Elizabeth Way interchange. 2. That the Mayor and Clerk be authorized to execute such Agreement with the revised Schedule 'B', and 3. That affected properties be notified of the cost sharing agreement. 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 September 14, 2009 be approved. Carried Unanimously 1. That the minutes of the July 20, 2009 meeting be adopted as recorded. 2. L- 2009 -43 Green Oakes Mobile Home Park That the report be deferred to the next Corporate Services Committee meeting and that staff report back with regard to the People Need Housing document. 3. L- 2009 -39 City Sale of Auction Lands That Council receive the report for information purposes. 4. HR- 2009 -05 Corporate Pandemic Plan That Council receive the information and approve the policies, 400.39 Human Resource Practices During a Pandemic /Emergency and 400.40 Working From Home During a Pandemic, along with the Corporate Business Continuity /Pandemic Plan. 6. That staff report back on the investigations into the reassessing of Marineland. RATIFICATION OF IN CAMERA COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the recommendation from the "In Camera ", on September 14, 2009 be approved. Carried Unanimously 1. That the City investigate servicing the lands described as Parts 1,2, 3 and 4 on Plan 59R -13660 and report back to Council with the results and possible methods of sale and that the Corporation not pursue legal action against Mr. Yagar. - 5 - September 14, 2009 Council Minutes 2. That HVS Consulting and Valuation Division of M & R Valuation Services Inc. (HVS) be engaged to perform an appraisal review of the property assessments for Casino Niagara and Niagara Fallsview Casino Resort. 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- 2009 -47, Implementation of City's Municard. It is recommended that the City does not implement the Municard at the present time. MW- 2009 -66 - Tender 2008 -T -29, Bulk Sodium Chloride ( Road Salt) Regional. It is recommended that Bulk Sodium Chloride (road salt) be purchased from Cargill Deicing Technology, Pickering, Ontario for the Year (2009/2010 winter season) as set out in Tender 2008 -T -29. PD- 2009 -66 - Telecommunication Facility Consultation, 6700 Fallsview Boulevard, Niagara Falls Fire Services. It is recommended that Industry Canada be advised that the City of Niagara Falls has no objection to the construction of a side mounted radio antenna on the Embassy Suites Hotel at 6700 Fallsview Boulevard in Niagara Falls. PD- 2009 -68 - CB &FIG - 2009 -003, Commercial Building & Facade Improvement Grant. Applicant: Francis Patterson, 5647 Main Street. It is recommended that the Commercial Building & Facade Improvement Grant Application for 5647 Main Street be approved subject to the owner satisfying the program requirements, and the Mayor ad Clerk being authorized to execute the grant agreement. PD- 2009 -69 - CB&FIG-2009-007, Commercial Building & Facade Improvement Grant. Applicant: Tihomir Zubic, 4736 Valley Way (Euro Cafe). It is recommended that Commercial Building & Facade Improvement Grant Application for 4736 Valley Way be approved subject to the owner satisfying the program requirements, and that the Mayor and Clerk be authorized to execute the grant agreement. PRC- 2009 -28 - 2009 Arts & Culture Wall of Fame Inductees. It is recommended that Council approve the following 2009 Arts & Culture Wall of Fame Inductees. • Niagara Falls Concert Band • Francis James Petrie • Olha& Mykola Kolankiwsky • W. Bruce Leslie • Robert Bracken ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the reports be approved as recommended. Carried Unanimously with Councillors loannoni, Wing and Thomson declaring a conflict to PD- 2009 -66. - 6 - September 14, 2009 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Motion Carried 2009 -145 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 -146 A by -law to hereby authorize the Mayor and Chief Administrative Officer to execute the Infrastructure Stimulus Fund Contribution Agreement between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Agriculture, Food and Rural Affairs, and the Corporation of the City of Niagara Falls. 2009 -147 A by -law to authorize the execution of an Agreement with Her Majesty the Queen in right of Canada, respecting the Accreditation Program for the City's Drinking Water Systems. 2009 -148 A by -law to authorize the execution of an Agreement with Oakwood Place Shopping Centre Limited, Canadian Tire Real Estate Limited, McLeod Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation, Scott Group of Companies Inc., The TDL Group Corp., the Regional Municipality of Niagara and the City of Niagara Falls, respecting the funding of road improvements at the McLeod Road and Queen Elizabeth Way interchange. 2009 -149 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on thel4th day of September, 2009. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Motion Carried ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the meeting be adjourned at 8:30 p.m. Carried Unanimously DEAN IORF A, CITY CLERK R.T. (TED) SALCI, MAYOR