2009/09/28SEVENTEENTH MEETING
REGULAR COUNCIL MEETING
Council Chambers
September 28, 2009
Council met on Monday, September 28, 2009 at 7:15 p.m. for the purpose of
considering Regular Business matters. All members of Council were present. Councillor
Pietrangelo offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the minutes of September 14, 2009 be approved.
DISCLOSURES OF PECUNIARY INTEREST
Carried Unanimously
Councillor Maves indicated a pecuniary interest to cheque no. 331223, made
payable to Ontario Motor Coach, an event he attended and the request for an arena waiver
because of the insurance aspect.
Councillor loannoni indicated a pecuniary interest to cheque no. 331206,
reimbursement from the AMO conference.
Mayor Salci indicated a pecuniary interest to cheque numbers 330820, 330928 and
331254 made payable to himself.
DEPUTATIONS /PRESENTATIONS
Niagara Falls Thundercats Softball Team
Mayor Salci congratulated the members of the Niagara Falls Thundercats softball
team and presented the team with individual plaques.
The Team: Charli Scott, Katelyn Guenther, Charley Keracker, Logan Blake, Linea
Wellman, Amie Seguin, Sydney Taylor, Julia Fazio, Jenna Midgley, Schea Lynn Lacombe,
Quinn Devoe, Chelsea Spiers.
Coaches: Aimie Taylor, Tammy Blake and Bernie Scott
Niagara Falls Minor Peewee Falcons A Baseball Team
Mayor Salci congratulated the members of the Niagara Falls Minor Peewee Falcons
A Baseball Team and presented them with individual plaques.
The Team: Jaret Chipman, Alexander Matovic, Jordan Hiltz, Jordan Politi, Brendan
Shannon, Ethan Claydon, Daniel Schmahl, Corey Sheehan, Tyler Wood, Lucas Revill,
Tanner Mills, Matthew Jackson, Joe Scaringi.
Coaches: John Hiltz, Bob Pysher, Darren Schmahl and John Morse
Hospice /Niagara Palliative Care
Valerie Williams made a brief presentation informing Council of an upcoming
meeting, September 29, 2009 from 7 -9 at Victoria Avenue Library to explore the Need for
Hospice /Pallative Care in the Niagara Region. The City is in need of a palliative care
facility.
GNGH Emergency Room
ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati
that Dr. Dobrovolskis be permitted additional time to speak.
Carried Unanimously
Dr. Dobrovolskis addressed Council about the Emergency Room issues at the
Greater Niagara General Hospital and advised that he has resigned his privileges, as an
emergency room doctor at GNGH, as of October 1, 2009 with the Niagara Health System.
He outlined the need for a stable emergency room and that this community needs a full
service hospital. The doctor outlined the difference between the fee for service model
versus the alternative funding model. He felt that any suggestions for improvements made
by the doctors have been rejected by the NHS.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the HIP committee be restarted with a "Take a Stand Initiative" with an upset limit of
$5000 for running ads in the Niagara Falls Review and that Dr. Dobrovolskis be invited to
assist the committee.
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
Debbie Sevenpifer, CEO of the Niagara Health System be invited to an upcoming meeting
to address the issues raised by Dr. Dobrovolskis.
PLANNING MATTERS
PD- 2009 -71 - AM- 2009 -010, Zoning By -law Amendment Application, Schisler Road
(North Side) and Willodell Road ( Eastside), Applicant: Eva Szijarto, Agent: Brian
Sinclair. Prohibit Residential Use on Proposed Severance Lot.
The Director of Planning review the recommendations and provided the following
information.
Proposed Application
The applicant is proposing to change the zoning of the subject land to remove a single
detached dwelling as a permitted use so as to limit the property to farm uses only.
Planning Analysis
History of Severance Application Decision
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Council Minutes
Carried Unanimously
The Committee of Adjustment considered the application to separate a 5.095 ha (Part 1)
containing a dwelling from the subject vacant agricultural land (Part 2) at a Public Hearing
held in February 2009.
The Province classifies this area as prime agricultural land where the PPS does not permit
the creation of new residential lots.
OP policies for the area do not permit the creation of new residential lots
The Committee granted the severance, but imposed a condition that the retained parcel
(Part 2) be rezoned so that no new dwelling could be constructed on the land.
Zoning
The subject land is currently zoned Rural, in part, and Conservation Open Space, in part.
The Rural zone permits agricultural uses and a single detached dwelling on each lot.
The requested zoning change is to satisfy a condition of the severance /consent application
approved by the Committee of Adjustment.
This will have the effect of ensuring the lands will be used for Agricultural purposes only.
Conclusion
The request for rezoning was made to remove a single detached dwelling as a permitted
use on the subject parcel. The application can be approved for the following reasons:
The rezoning will satisfy a condition of approval necessary for the creation of the
parcel; and
The rezoning will ensure the land is maintained for agricultural use.
Recommendation
That Council approve the Zoning By -law amendment application to change the
Rural zoning on the subject land to remove a single detached dwelling as a permitted use,
which will have the effect of prohibiting a house from being constructed.
Dave Harris, 12195 Willodell Road, abutting property owner, agrees with the staff
report and recommendation.
Brian Sinclair, agent for the applicant, advised that it was a requirement of the
Committee of Adjustment. He stated that the property will be agricultural use only.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that the report be approved as recommended.
Carried Unanimously
PD- 2009 -72 - 26CD -11- 2008 -10, Draft Plan of Condominium (Conversion), 3915
Portage Road (Westside), North of Thorold Stone Road, Owner: Mival Investments
Inc. (Bill Grenier)
The Director of Planning review the recommendations and provided the following
information.
Background
Applicant proposes to convert the existing 57 unit rental apartment building 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 the
condominium corporation.
Public Meeting
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Council Minutes
There are no public meeting or notification requirements for condominium conversion
applications under the Planning Act.
In accordance with Council's position, staff notified all tenants in the building on September
11, 2009 that the application would be considered tonight.
Vacancy Rate
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Council Minutes
The Official Plan discourages condominium conversion when the vacancy rate is below 3
%. The Region has a similar policy.
The latest CMHC statistics record the City's overall vacancy rate at 5.2% and a vacancy
rate of 3.7% in the non -core area.
The Conversion would comply with City policy.
Recommendation
It is recommended that the Plan of Condominium be draft approved subject to the
conditions outlined in the appendix to Planning Report PD- 2009 -72.
Rocky Vacca, Sullivan Mahoney, agent for the applicant, advised that his client is
in support of the staff report and recommendation and asked that Council approve the
report. The reason for the conversion is that it is an estate planning matter.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the report be approved as recommended.
with Councillor Wing opposed.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
report PD- 2009 -73 be dealt with at this time.
Carried Unanimously
PD- 2009 -73 - 26CD -11- 2008 -11, Draft Plan of Condominium ( Standard), McLeod Road
( North Side), West of Dell Avenue. Owners: 2100851 Ontario Inc., 1473944 Ontario
Limited & Marc Pingue. 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.
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.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the report be approved as recommended.
Carried Unanimously
Councillor Diodati left the Council Chambers
Motion Carried
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Council Minutes
MAYOR'S REPORTS. ANNOUNCEMENTS
Mayor Salci offered condolences to the Harry Van Dyke, Niagara Falls Transit
e ployee on the passing of his wife, Karen and. to Cliff Barnhard, Niagara Falls Transit
E ployee on the passing of his father, Peter.
Mayor Salci advised of some recent events: John Baird, Federal Minister of
Transportation, Infrastructure and Communities and received financial commitments for
th Downtown Streetscape funding application. Provincial Minister George Smitherman
announced the Province's commitment of $25 million to enable the People Mover Project
to move forward. General Rick Hillier was inducted to the Canadian Branch of the
In -rnational Knightly Order of St. George. A barbecue benefiting the Alzheimer Society
w held at City Hall and the 4 Annual Our Turn to Pray Week took place.
Mayor Salci advised of some upcoming events: the 36 Annual Mayor's Prayer
Br-akfast, this year's Santa Claus Parade and Reudi Hafen, President and Chief Pilot of
Niagara Helicopters recent nomination for the Flight Global Aviator of the Year Award,
pu.lic can vote at www.flightglobal.com
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Library Board Vacancy - request of the Library Board to fill existing vacancies.
RECOMMENDATION: That Council fill the Vacancies.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
th t Eric Sheridan, Barbara Ness and Ms. Jones fill the Library Board vacancies.
Carried Unanimously
Park in the City - request of the Park in the City Committee to fill existing vacancy.
RECOMMENDATION: That Council fill the Vacancy.
ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo
th -t Corey Barkman be appointed to the Committee.
Carried Unanimously
Trails & Bike Way Vacancy - request of the Trails & Bikeway committee to fill
existing vacancy.
RECOMMENDATION: That Council fill the Vacancy.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that Mr. James Megannety be appointed to the Committee vacancy.
Carried Unanimously
Chippawa Willoughby Arena - Request of Waiver of Arena Fees associated with
the 50 Anniversary of Westlane Secondary School.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson
th -t Council provide a grant equal to costs associated with the rental of the Chippawa
Wi loughby arena, including insurance costs, for the celebration of the 50 Anniversary of
th- opening of Westlane Secondary School and staff report back if costs were to exceed
$2.00.
Motion Carried
wit Councillor Pietrangelo opposed and Councillor Mayes declaring a conflict
b. Gale Centre - Request of Waiver of Fees, The Canadian Cancer Society is bringing
hockey for hope tournament in July 2010.
RECOMMENDATION: Refer to Staff and budget deliberations.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the communication be referred to staff and budget deliberations.
Carried Unanimously
3a. Fire Prevention Week - Request that October 4 - October 10, 2009 be proclaimed
as "Fire Prevention Week" and October 10, 2009 be designated as " Fire Service
Recognition Day" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the request be approved.
RECOMMENDATION: For the Approval of Council.
RECOMMENDATION: For the Approval of Council.
RECOMMENDATION: For the Approval of Council.
RECOMMENDATION: For the Approval of Council.
RECOMMENDATION: For the Approval of Council.
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Council Minutes
Carried Unanimously
b. Niagara Falls Public Library - Request that the week of October 18 - 24, 2009 be
proclaimed as "Ontario Public Library Week" in the City of Niagara Falls.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the request be approved.
Carried Unanimously
c. Lupus Foundation of Ontario - Request that the month of October be declared as
"Lupus Awareness Month" in the City of Niagara Falls ".
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the request be approved.
Carried Unanimously
d. BOOST Child Abuse Prevention & Intervention - Request that the month of
October be proclaimed as "Child Abuse & Neglect Prevention Month" in the City of
Niagara Falls.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the request be approved.
Carried Unanimously
e. CUPE - SCFP - Request that October 21, 2009 be proclaimed as "Child Care
Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls"
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that
the request be approved.
Carried Unanimously
f. Homelessness Awareness Week - That the week of October 11` 2009 be
proclaimed as "Homelessness Awareness Week" in the City of Niagara Falls.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the request be approved.
Carried Unanimously
4. Municipal Heritage Committee - Requestto approve painting of4761 Zimmerman
Avenue.
RECOMMENDATION: For the Consideration of Council.
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Council Minutes
ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that
the request be approved.
Carried Unanimously
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the actions taken in Community Services Committee, on September28, 2009 be approved.
1. That the minutes of the September 14, 2009 meeting be adopted as recorded.
2. TS- 2009 -39
Fourth Avenue - Temporary Use and Mitigation Plan for Access to Gale Centre
That the Committee endorse the action plan outlined in the report.
3. TS- 2009 -38
Park Street Parking Control Review
1) That a permit parking zone is implemented on the north side of Park Street
between a point 37 metres west of St. Clair Avenue and a point 14 metres west of
Ontario Avenue, and
2) That staff report back on traffic issues.
4. MW- 2009 -72
Amendment to By -law 2007 -161
Collection of Rates & Meter Costs
That Council adopt the proposed amendments to by -law #2007 -161 that will clarify
the timing for the establishment of water accounts, update the purchase costs for
new water meters and update the costs for bulk water purchases.
5. MW- 2009 -71
Oakwood Drive Reconstruction
Development Agreement with Oakwood Place Shopping Centres Inc. (Smart
Centres)
1) that the City enter into an agreement with Oakwood Place Shopping Centres Inc.
for the reconstruction of Oakwood Drive south of McLeod Road.
2) that the Mayor and the City Clerk be authorized to execute the Development
Agreement.
3) that the 2009 Capital Budget Project worksheet be amended as shown in
Attachment #2 to reflect the new funding opportunities.
Councillor Diodati returned to Council Chambers.
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Council Minutes
6. MW- 2009 -70
Edgewood Estates Subdivision Stormwater Management Facility Development
Charges Payment
That staff be authorized to process a payment to the developer of the Edgewood
Estates Subdivision (1473944 Ontario Limited) for oversizing of the stormwater
management facility in the amount of $332,679.36.
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the actions taken in Corporate Services Committee, on September 28, 2009 be
approved.
Carried Unanimously
1. That the minutes of the September 14, 2009 meeting be adopted as recorded.
2. CD- 2009 -12 - Green Oakes Mobile Home Park
That the City decline to enact a by -law pursuant to section 99.1 of the Municipal Act,
to specifically deal with the Green Oaks Mobile Home Park situation; but
That staff continue to investigate the possibility of a by -law related to conversion
applications.
3. CPS - 2009 -11 - 6592 Dunn Street Disposition of Property
Staff recommend the following actions:
1) re -zone 6592 Dunn Street from residential to open space
2) lift part lot control from the subject and abutting properties
3) prepare a reference plan to show the portions of the property used by the
abutting landowners of 6580, 6590 and 6602 Dunn Street
4) Negotiate the sale of the property to the abutting landowners according to the
reference plan, for the appraisal value of $1,000 and for the costs of the transaction
5) Amend the heritage designation of 6590 Dunn Street (Barclay property) with
certain conditions (e.g. preservation of trees, no construction of buildings, fences,
etc.)
6) Carry out any other actions to satisfy Council's intent.
F- 2009 -46 - 2008 Consolidated Financial Statements
That Council receive the 2008 Consolidated Financial Statements report for
information purposes.
5. F- 2009 -45- Operating Results as of August 31, 2009
That Council receive the Operating Results report for information purposes.
6. CPS - 2009 -09- Water/Wastewater Operations Long Range Financial Plan
That the allocation of $19,780 plus applicable taxes to engage a consultant to
develop a Water/Wastewater Operations Long Range Financial Plan in accordance
with O.Reg. 453/07 be approved.
7. FS- 2009 -04- Radio System Project Manager
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Council Minutes
1) That Council authorize staff to designate Glentel Inc. (Glentel) as the preferred
proponent for the Niagara Falls Fire Services radio system.
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 -48 - Monthly Tax Receivables Report. It is recommended that Council receive
the Monthly Tax Receivables report for information purposes.
F- 2009 -49 - Municipal Accounts. It is recommended that Council approve the municipal
accounts totaling $14,934,510.49 for the period August 13, 2009 to September 9, 2009.
L- 2009 -45 - United Church o f Canada Transfer to the City, Lyon's Creek Cemetery
and Right -of -Way. It is recommended that Council authorize a Transfer of Part 3 as
illustrated on the Plan 59R- 14070/30R- 13391, together with a right -of -way plan, from the
United Church of Canada to the City of Niagara Falls for the purpose of recording the
ownership of, and facilitating the maintenance of, Lyon's Creek Cemetery.
L- 2009 -48- Convention Centre Conveyances from Ontario Realty Corporation and
Hydro One Networks Inc. It is recommended:
1. That the City enter into a Licence of Land with Ontario Realty Corporation acting as
agent on behalf of Her Majesty The Queen in right of Ontario as represented by The
Minister of Public Infrastructure Renewal ( "ORC "), over the property described as
Parts 11, 12, 13 and 17 on Plan 59R -13628 of the Land Titles Office of the Land
Titles Division of Niagara South (No. 59).
2. That the City enter into an Easement Agreement with Ontario Realty Corporation
acting as agent on behalf of Her Majesty The Queen in right of Ontario as
represented by The Minister of Public Infrastructure Renewal ( "ORC "), over the
property described as Parts 10, 14, 15, 16 and 18 on Plan 59R -13628 of the Land
Titles Office of the Land Titles Division of Niagara South (No. 59).
3. That the City enter into a Construction and Encroachment Agreement with Hydro
One Networks Inc. over Parts 3, 4, 6, 7, 8 and 9 on Plan 59R -13628 of the Land
Titles Office of the Land Titles Division of Niagara South (No. 59).
4. That the Mayor and Clerk be authorized to execute each of the aforementioned
documents on behalf of the City.
MW- 2009 -65 - Tender - Main Street Watermain Replacement from Ferry Street to
Robinson Street. Contract #2009 - 223 -09. It is recommended that the contract be
awarded to the lowest bidder Cotton Inc. at the tendered price of $347,034.80; and that the
Mayor and Clerk be authorized to execute the necessary contract documents.
MW- 2009 -74 - Tender 2009 - 175 -06, River Lane, Otter Street and River Road, Road
Reconstruction and Underground Services. It is recommended that the contract be
awarded to the lowest bidder Peter's Excavating at the tendered price of $926,389.00; and
that the Mayor and City Clerk be authorized to execute the necessary contract documents.
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Council Minutes
PRC- 2009 -29 - 2009 Sports Wall of Fame Inductees. It is recommended that Council
approve the 2009 Sports Wall of Fame Inductees for the January 17, 2010 Induction
Ceremony. It is recommended that Council approve the 2009 Sports Wall of Fame
Inductees for the January 17,2010 Induction Ceremony.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the reports be approved as recommended.
HIP Committee
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be given a first reading.
Carried Unanimously
2009 -150 A by -law to amend By -law No. 79 -200, to permit a used car lot, recognize the
existing building and lot configuration and to reduce landscaped open space
and road widening requirements. (AM- 2009 -013)
2009 -151 A by -law to amend By -Law No. 2007 -161, being a by -law to regulate the
supply of water and to provide for the maintenance and management of the
waterworks and for the imposition and collection of water rates.
2009 -152 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Stop
Signs at Intersections)
2009 -153 A by -law to authorize the execution of a Licence of Land with Ontario Realty
Corporation, respecting the use of the Hydro corridor adjacent to the
Convention Centre lands, for maintenance purposes.
2009 -154 A by -law to authorize the execution of a Grant of Easement with Ontario
Realty Corporation, respecting the use of the Hydro corridor adjacent to the
Convention Centre lands, to enable vehicles to reach the future parking lot.
2009 -155 A by -law to authorize the execution of a Construction and Encroachment
Agreement with Hydro One Networks Inc., respecting entrance by the City
upon certain easements situated at the west end of the Convention Centre
property, for construction purposes.
2009 -156 A by -law to authorize the execution of an Agreement with the Golden Steer
Restaurant (Petrakis Family) respecting the Adopt -A- Street public service
program for volunteers.
2009 -157 A by -law to authorize the payment of $14,934,510.49 for General Purposes.
2009 -158 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 28 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.
Carried Unanimously
NEW BUSINESS
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati
that the HP committee be amended to include Councillor Pietrangelo as a committee
member and that minutes from the meetings will be taken and circulated to Council through
the Clerks office.
Carried Unanimously
Gale Arena
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher staff
prepare a report on the arena costs, specifically including site prep and clean up, prior to
the commencement of construction.
Carried Unanimously
Reudi Hafen
ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni
that a link be placed on the City's website so that the public can lend their support for
Reudi Hafen, nominated for Aviator of the Year Award as presented by Flight Global.
Carried Unanimously
Niagara Health System - Regional Funding
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
a request be made to the Region to withhold it's $21 million in funding to the NHS until
until a full public hearing occurs outlining what kind of services the lower -tier municipalities
require.
Carried Unanimously
ORDERED on the motion of Councillor, seconded by Councillor that the meeting
be adjourned at 9:20 p.m.
Carried Unanimously
LTheC
DEAN IORF A, CITY CLERK R.T. (TED) SALCI, MAYOR
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