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2009/10/19EIGHTEENTH MEETING REGULAR COUNCIL MEETING Council Chambers October 19, 2009 Council met on Monday, October 19, 2009 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Thomson offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the minutes of September 28, 2009 be approved as recorded. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict to reports CSC - 2009 -01 and PD- 2009 -79 on the Community Services agenda, as her spouse is employed by the Museum. Councillor Diodati indicated an indirect pecuniary interest on MW- 2009 -76< Request for Infrastructure Improvements Vine Street, Sinnicks Avenue to West of Coholan Street. Mayor Salci indicated a pecuniary conflict to cheque numbers 331581 and 331786, made payable to himself. Park In the City Committee United Way GNGH Emergency Room DEPUTATIONS /PRESENTATIONS Pat Mascarin, Paisley Janvary-Pool, members of the Park in The City Committee updated Council on the City's success in this year's Communities in Bloom program. The City of Niagara Falls was recognized with Five Blooms, the highest rating available. Carol Stewart- Kirkby, Executive Director, provided Council with an update on the United Ways activities for this year. Mrs. Stewart- Kirkby outlined their funding priorities and the services and agencies they fund. ORDERED on the motion of Councillor Diodati, seconded by Councillor Mayes to reaffirm Council's position and to hear from the LHIN and NHS only and the 10 minute time limit for deputations be extended. Carried Unanimously Juanita Gledhill, LHIN indicated that there is naturally a resistance to change but that the changes proposed for the NHS will, ultimately, benefit the residents. She stated that internal staff have processes to air their grievances and concerns. Debbie Sevenpifer, President/CEO, Niagara Health System, Dr. John McCauley, Regional Chief of Surgery and Dr. Isser Dubinsky were present to address issues on the Niagara Health System. Physicians were working in excess of hours recommended by -2- October 19, 2009 Council Minutes Ministry guidelines. The extended hours ER doctors were working made it difficult for recruitment. The new generation of doctors want more of a work/life balance. The changes to the ER at GNGH will enable greater physician coverage. Having at least two doctors on shift makes sense but the shifting model needs to change. The decision to go with this staffing model was based on a best practices study. The model should mean decreased wait times and increased time spent by doctors with patients. Obviously, with one doctor on shift logging extended hours, mistakes and burnout are a greater possibility. Other challenges include unavailability of beds. It was indicated that changes in the staffing model are not being instituted for cost savings but efficiencies and patient care. It is too early to gauge the results of the new model. Improvements do not happen overnight. The speakers felt that new by -laws and staffing changes have already seen a decrease in grievances. The NHS asked that the Council continue marketing the City and its doctor recruitment efforts. PD- 2009 -80 - 26CD -11- 2009 -03, Draft Plan of Condominium (Conversion), 3401 & 3421 Weinbrenner Road, East of Willoughby Drive. Owner: Weinbrenner Place Inc. ( Vincenzo Butera) The Manager of Community Improvement and Planning Projects reviewed the recommendations and provided the following information. Background Applicant proposes to convert the existing 70 unit rental apartment building complex (2 buildings with 35 units each) 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 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 October 5, 2009 that the application would be considered tonight. Vacancy Rate PLANNING MATTERS 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 in this non -core area is 4.1 %. 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 -80 which includes the submission of a site servicing plan and construction of an enclosure for the garbage bins. The Public Meeting was Closed. -3- October 19, 2009 Council Minutes William McKenzie, . 3401 Weinbrenner Road indicated that on a pension fixed income, he could not afford the cost to purchase a condominium. George Bademer, 3401 Weinbrenner Road, wanted to know when the process for apartments becoming available for sale as condos. Jennifer Ricci, agent for the applicant, reassured the tenants that under Section 51 of the Residential Tenancies Act, the owner has no ability to evict the existing tenants and certainly has no intention of doing so. She asked that condition 4 requiring a site service plan be removed. Staff indicated that the requirement could be lifted if compliance with condition 5 took place. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved with an amendment to not require condition four of the Draft Plan of Condominium Approval. Motion Carried with Councillor Wing opposed. Proposed Application PD- 2009 -74 - AM- 2009 -014, Zoning By -law Amendment Application, 7565 Lundy's Lane. Applicant: City of Niagara Falls. Permit Property to be Used for Tourist Commercial and Office Purposes The Manager of Community Improvement and Planning Projects reviewed the recommendations and provided the following information. The building on the property was constructed in 1915 as a school. Subsequently used as a police substation and jail by Stamford Township in the 1950's. After closure as a police station, the City's Engineering and Field Crew used it as offices and then City Planning offices and finally the Parks, Recreation and Culture division offices prior to their move to the MacBain Centre. A portion of the building has been used by the Niagara District Arts Association. The City is in the process of selling the property and proposes to change the zoning of the property to allow this building to be used for tourist commercial and office purposes. On April 6, 2009, Council directed that this property be appraised and put on the open market with a reserved bid, along with notice that in the future, it could be considered for designation under the Ontario Heritage Act. The Municipal Heritage Committee's motion recommended that consideration be given to designating the building and property for its cultural heritage value and interest to the City. Official Plan Designated Tourist Commercial and is part of the Lundy's Lane Tourist District. Lands in this district are intended to be developed with a wide range of small to medium scale commercial uses to serve residents and tourists. The proposed Tourist Commercial zone, with an office as an additional use, will conform to the Tourist Commercial designation of the Official Plan. Zoning Currently zoned Open Space (OS). -4- October 19, 2009 Council Minutes The re- zoning will allow the property to be used for a range of uses that will be compatible with other development along Lundy's Lane. The addition of an office use can be readily accommodated in the existing building. The existing building conforms with TC zone regulations. The provision of parking and loading will depend on the use, however, there appears to be ample lot area. A 1.5m (4.9 ft) landscape strip is to be installed by the City along the north and east property lines prior to its sale to buffer the adjacent cemetery from the subject land's parking area. The amending by -law will require this landscape strip to ensure it remains. Conclusion The Zoning amendment is proposed to facilitate the sale and reuse of the subject property. The application can be approved for the following reasons: The proposed Tourist Commercial zo ne implements the Tourist Commercial designation of the property and is consistent with the zoning in effect on the other properties in the Lundy's Lane /Montrose Road area. Adding offices to the list of permitted uses will reflect the past uses and can be easily accommodated in the current building. Recommendation That Council approve the Zoning By -law Amendment application to permit the property to be used for tourist commercial and office purposes, subject to a 1.5 m (4.9 ft) wide landscape strip being provided along the north and east property lines. That Council pass the by -law on tonight's agenda to change the zoning of the property from Open Space to a site specific Tourist Commercial (TC) zone. Felix Pingue, 6440 Montrose Road, expressed his desire that the heritage character of the building be maintained. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the recommendation report be approved with Council hereby giving notice of the intention to designate the building a Heritage Building under the Ontario Heritage Act. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci congratulated Geoff Holman, Director of Municipal Works and the staff at the Service Centre, who hosted a departmental competition in support of Project Share. He also extended congratulations to Denyse Morrissey, staff and Park In the City Committee members for the efforts put forth for the City's entry into the Communities in Bloom Competition. October 24- November 28 training session will be held for approx 80 seniors to help with computer and internet training on behalf of the British Canadian Veterans Association. Two public sessions were held in conjunction with the 2010 Budget process. Mayor Salci advised of some upcoming events: the Untied Way's Annual Poor Boy Luncheon and the 10 Anniversary of the Estee Lauder Pink Illumination Event. -5- October 19, 2009 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Regional Municipality of Niagara - Requesting comments re: Bridge Dedication for Fallen Police Officers. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that Council support the request to designate the McLeod Road overpass. Carried Unanimously 2. Celebrate Old Downtown - Request a letter of support for Celebrate Old Downtown/Springlicious. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the request for a letter of support be approved. Carried Unanimously 3. FACS Niagara- Request that the month of October be proclaimed as " Child Abuse Prevention Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the request be approved. Carried Unanimously 4. International Epidermolysis Bullosa - The Week of October 25 -31, 2009 be proclaimed as "International Epidermolysis Bullosa Awareness Week" RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 5. OFL/FTO - Request that November 6, 2009 be proclaimed as "Community Social Service Workers Appreciation Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the request be approved. Carried Unanimously 6. Niagara Falls Optimists - Request that the Week of November 15 -21, 2009 be proclaimed as " Youth Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the request be approved. Carried Unanimously -6- October 19, 2009 Council Minutes 7. Crohn's and Colitis Foundation of Canada - Request that November 2009 be proclaimed as "Crohn's and Colitis Awareness Month" in the City of Niagara Falls ". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the request be approved. RESOLUTION NO. 35 - PIETRANGELO - MAVES - THEREFORE be it resolved that the appropriate staff person be authorized to submit a financial request to the Ministry of Tourism in relation to the Olympic Torch Relay and Community Celebration. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the actions taken in Community Services Committee, on October 19, 2009 be approved. Carried Unanimously with conflicts previously indicated. 1. That the minutes of the September 28, 2009 meeting be adopted as recorded. 2. DEPUTATION: Mont Rose at Niagara 1. That staff be directed to initiate an urban boundary expansion on behalf of the City, to include the Mont Rose lands, and, 2. That the Region be requested to take such steps as are necessary to ensure that the Region's adopted official plan policies regarding urban area boundary expansions are not reversed by the Province. 3. REPORTS: a. CSC - 2009 -01 Lundy's Lane Historical Museum Expansion Progress Report The Board of Museums is requesting consideration from City Council of the following: 1. Approval of the new design direction for the Lundy's Lane Historical Museum. 2. Approval to re -brand the facility from Lundy's Lane Historical Museum to Niagara Falls History Museum. b. PD- 2009 -79 Matters Arising from the Municipal Heritage Committee 1. That Council approve the proposed alterations to the following Designated Heritage Properties: - 7 - October 19, 2009 Council Minutes a) Spence Weaver House, 6590 Dunn Street • to re- establish a verandah along the north side of the house. b) Former Post Office Customs House, 4177 Park Street • to install new plywood and a water /ice shield covering on the roof of the building with the condition that the owner supply confirmation from the manufacturer of the water /ice shield that the material will last without further roofing material for 20 -30 years. 2. That Council receive for information the Municipal Heritage Committee's recommendation regarding the most recent plans for the Lundy's Lane Museum expansion. c. MW- 2009 -76 Request for Infrastructure Improvements Vine Street, Sinnicks Avenue to West of Coholan Street That the request from local residents to include infrastructure improvements and the reconstruction of Vine Street be referred to staff for inclusion in the 10 -year Infrastructure Needs Assessment. d. MW- 2009 -55 Regional Niagara Waste Collection Revision to Base Level and Enhanced Level of Service That Council support the proposed changes to the Region's Base Level of Service and the City's Enhanced Level of Service for the upcoming Regional Waste Collection Request for Proposal (RFP). e. MW- 2009 -79 Site Preparation Costs - Gale Complex g• That this report be received and filed. f. PRC- 2009 -30 Kalar Road Sports Park Washroom Building That the proposed washroom building at the Kalar Road Sports Park be expanded to include a community club house at a maximum cost to the City of $550,000. PD- 2009 -75 CB&FIG- 2009 -004, RBL- 2009 -001 5936 -5942 Main Street (former Mandarin Shoe Building) That the Commercial Building and Facade Improvement Grant Application and Residential Loan Application for 5936 -5942 Main Street be approved subject to the owner satisfying the program requirements including satisfaction of the Ontario Building Code and Ontario Fire Code and the execution of the necessary agreements with the City. h. TS- 2009 -42 Kalar Road - Parking Control Review That a "No Parking" zone be established on the west side of Kalar Road between a point 40 metres north of McGarry Drive and a point 230 metres north of McGarry Drive; • That a "No Standing" zone be established on the west side of Kalar Road between McGarry Drive and a point 40 metres north of McGarry Drive; • That a "No Stopping" zone be established on the west side of Kalar Road between McGarry Drive and a point 40 metres south of McGarry Drive; • That a "No Parking" zone be established on the west side of Kalar Road b. FS- 2009 -08 Master Fire Plan - 8 - October 19, 2009 Council Minutes between a point 40 metres south of McGarry Drive and a point 200 metres south of McGarry Drive; • That a "No Stopping" zone be established on the west side of Kalar Road between a point 200 metres south of McGarry Drive and McLeod Road; • The bike lane on the west side of Kalar Road be extended to McLeod Road and that the regulatory signs and markings be applied; and, • That a "No Heavy Vehicles" restriction including "No Buses" condition, be established on Kalar Road between Lundy's Lane and McLeod Road. MW- 2009 -61 City of Niagara Falls Engineering Design Standards Manual That Council adopt the Engineering Design Standards Manual. 4. NEW BUSINESS: a. That a 3 -way stop be installed at the Bellevue and Valley Way intersection. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the actions taken in Corporate Services Committee, on October 19, 2009 be approved. Carried Unanimously 1. That the minutes of the September 28, 2009 meeting be adopted as recorded. 2 a. CD- 2009 -13 Customer Services Standard Policy That Council adopt the Customer Services Standard Policy in compliance with the Accessibility for Ontarians with Disabilities Act, 2005. 1) That Council approve the expenditure of funds in the amount of $50,000 to secure the services of Ernest Yakiwchuk as the preferred proponent for the Niagara Falls Fire Services Master Fire Plan. 2) That the Mayor and Clerk be authorized to execute the contract. - 9 - October 19, 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. L- 2009 -31 - Sainovich Realty Limited and the City Murray Street Retaining Wall and Sidewalk. It is recommended: 1. That the City enter into an Encroachment Agreement with Sainovich Realty Limited, the owner of the lands upon which the Skylon Tower is located (the "subject lands "), with respect to certain improvements constructed by the City upon said subject lands, and 2. That the Mayor and Clerk be authorized to execute such Encroachment Agreement ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be deferred. Carried Unanimously CD- 2009 -14 Delegation of Signing Authority for Non - Monetary Booking Agreements. It is recommended that the authority to sign non - monetary booking agreements be delegated to the Divisional Directors. F- 2009 -53 - Tax Receivables Monthly Report (September). It is recommended that Council receive the Monthly Tax Receivable report for information purposes. F- 2009 -54 - Cancellation, Reduction or Refund of Taxes. It is recommended that Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. F- 2009 -52 - Municipal Accounts. It is recommended that Council approve the municipal accounts totalling $9,156,106.17 for the period September 10, 2009 to September 30, 2009. L- 2009 -30 - Release of Agreement, 6777 Morrison Street. It is recommended that Council authorize the release of an Agreement dated October 16, 1967, and made between Gorge Construction Company Limited (the "Owner") and The Corporation of the City of Niagara Falls (the "City "), over the lands municipally known as 6777 Morrison L- 2009 -46 - Release of Agreement 6521 and 6563 Drummond Road. It is recommended that Council authorize the release of an Agreement dated August 30, 1965, and made between A. Franklin Limited (the "Owner ") and The Corporation of the City of Niagara Falls (the "City "), over the lands municipally known as 6521 and 6563 Drummond Road (the "Subject Lands "), as shown hatched on Appendix "1 ". L- 2009 -50 - The Bethlehem Not - for - Profit Housing Projects of Niagara Execution of Acknowledgment, 6185 Kalar Road, Niagara Falls. It is recommended: 1. That Council authorize the execution of an Acknowledgment to Ontario Infrastructure Projects Corporation. 2. That the Mayor and City Clerk be authorized to execute such Acknowledgment. MW- 2009 -77 - New Equipment Purchases. It is recommended: 1. That the quotation Q43 -2009 for the purchase of One (1) John Deere 6430 Tractor with Tiger Mower be awarded to Evergreen Farm & Garden Ltd. of Orono, ON in the amount of $116,014.29, and, - 10 - October 19, 2009 Council Minutes 2. That the tender T11 -2009 for the purchase of One (1) Sidewalk Plow Sander Track Type Machine be awarded to The Shop Industrial of Lively, ON in the amount of $173,721.40, and, 3. That tender T10 -2009 for the purchase of One (1) Front End Loader be awarded to Wajax Equipment of Milton, ON in the amount of $180,687.00, and, 4. That tender T12 -2009 for the purchase of One (1) Articulated 4 -WD Rubber Tire Diesel Powered Tractor be awarded to Work Equipment Limited of Courtland, ON in the amount of $132,775.00. 5. That staff be authorized to sign the necessary Purchase Order and related documents associated with these purchases. MW- 2009 -81 Tender 229 -09 Drummond Road - Road Reconstruction and Underground Services Council October 19. It is recommended: 1. That the quotation Q43 -2009 for the purchase of One (1) John Deere 6430 Tractor with Tiger Mower be awarded to Evergreen Farm & Garden Ltd. of Orono, ON in the amount of $116,014.29, and, 2. That the tender T11 -2009 for the purchase of One (1) Sidewalk Plow Sander Track Type Machine be awarded to The Shop Industrial of Lively, ON in the amount of $173,721.40, and, 3. That tender T10 -2009 for the purchase of One (1) Front End Loader be awarded to Wajax Equipment of Milton, ON in the amount of $180,687.00, and, 4. That tender T12 -2009 for the purchase of One (1) Articulated 4 -WD Rubber Tire Diesel Powered Tractor be awarded to Work Equipment Limited of Courtland, ON in the amount of $132,775.00. 5. That staff be authorized to sign the necessary Purchase Order and related documents associated with these purchases. TS- 2009 -40 - Beck Road - Bridge Weight Restriction. It is recommended: 1. The contract be awarded to the lowest bidder Nexterra Substructures at the tendered price of $2,849,101.86 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That the revision to the Capital Budget Worksheet for this project be approved. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the remainder of the reports on the consent agenda be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the by -laws be given a first reading. Carried Unanimously 2009 -159 A by -law to change the name of Bellevue Terrace to the name Redmond Heights. 2009 -160 A by -law to permanently close part of a highway. (Part 1 on 59R- 11403) - 11 - October 19, 2009 Council Minutes 2009 -161 A by -law to establish Part of Stamford Township Lot 93 being Part 1 on Reference Plan 59R- 14077;Part of Lots 1 to 7 (inclusive), Block "FF" and Part of Lot 7, Block "GG" on Plan 999 -1000 being Part 2 on Reference Plan 59R- 14077; and Part of Lot 7, Block "FF" Plan 999 -1000 being Part 10 on 59R14077; as public highways, to be known as and to form part of Park Street. 2009 -162 A by -law to amend By -law No. 395, 1966, to prohibit the construction of a single - family dwelling. (AM- 2009 -010) 2009 -163 A by -law to amend By -law No. 79 -200, to permit the land to be used for tourist commercial and office purposes. (AM- 2009 -014) 2009 -164 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads ( Weight Limits on Bridges, Parking Meter Zones, Parking Prohibited) 2009 -165 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. 2009 -166 A being a by -law to amend By -law No. 2007 -37, a by -law to provide for appointments to certain Boards, Commissions and Committees. 2009 -167 A by -law to amend by -law 2009 -146, being 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 -168 A by -law to authorize the payment of $9,156,106.17 for General Purposes. 2009 -169 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19 day of October, 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 ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 10:25 p.m. Carried Unanimously DEAN 10 DA, CITY CLERK R.T. (TED) SALCI, MAYOR