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2010/03/22Council met on Monday, March 22, 2010 at 6:30 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. FOURTH MEETING IN CAMERA MEETING BILL MATSON, ACTING CITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, March 22, 2010 at 7:05 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Samantha Hart sang the national anthem. Councillor Maves offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the minutes of March 22, 2010 be approved as printed. Carried Unanimously Committee Room 2 March 22, 2010 DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict with report FS- 2010 -04 and By -law 2010 -41, as it relates to her husband's employer. Councillor Pietrangelo indicated a pecuniary interest to cheque no. 334057 made payable to the Niagara Catholic School Board, his employer. Councillor Maves indicated a pecuniary interest to cheque numbers 335095 and 335376 payable to his business. Councillor Thomson indicated a conflict with report FS- 2010 -04,as it pertains to his employer. Mayor Salci indicated a pecuniary interest to cheque no. 335198, made payable to himself. DEPUTATIONS /PRESENTATIONS Niagara Falls Family Literacy Event Renni Piscitelli made a brief presentation to Council about this year's Family Literacy Event, which has a theme of " Stomp, Roar & Read ". An invitation was extended to Council and the public to come and celebrate the event being held on Saturday April 10, 2010 from 9:30 a.m. - 1:00 p.m. at the MacBain Community Centre. Mayor's Youth Advisory Committee - 2 - March 22, 2010 Council Minutes Aaron Bailey, Co -Chair and Yashvi Shah, Vice -Chair of the Mayor's Youth Advisory Committee updated Council on the various events that the committee has initiated and participated in over this school year. Red Fridays On behalf of the Members of the Niagara Garrison Community Council, Wendy Canavan made a brief presentation to Council. A red flag was presented to Mayor Salci to be flown at City Hall on Fridays in support of the Canadian Soldiers. Proposal Planning Analysis PLANNING MATTERS PD- 2010 -22 - AM- 2009 -028, Zoning By -law Amendment Application,5866 Delaware Street. Applicant: Main Street Baptist Church. Recognize Existing Dwelling The Director of Planning and Development reviewed the recommendations and provided the following information. A Zoning amendment is requested for a parcel of land that currently contains a dwelling used as a manse for the Main Street Baptist Church which is located next door. The church is seeking to rezone the land and sever it from the balance of the property in order to sell the dwelling. Public Open House A public open house was held on February 16, 2010 which three residents attended. The residents were generally supportive of the proposal but expressed some concerns about the potential drainage problems if the church paved the lands. Members of the church acknowledge the residents concerns and are not proposing any changes to the parking lot. They also confirmed that the future driveway will comply with parking provisions in Zoning By -law 79 -200. Provincial and Regional policies direct growth to built -up and settlement areas and support intensification. The proposal would result in a more efficient use of urban land and existing infrastructure. Official Plan The subject land is designated Residential in the Official Plan where the predominant use is dwelling units of all types catering to a wide range of households. 3 - March 22, 2010 Council Minutes The subject dwelling is contiguous with other single detached dwellings on the north and south side of Delaware St. The proposal is within the intent and purpose of the City's Official Plan. Zoning The subject land is zoned Institutional The zoning is requested to be changed to a site specific Residential Single Family and Two Family zone (R2) A required side yard setback of 2.4 m (7.8 ft) is requested to be reduced to 1.9 m (6.2 ft) along the proposed easterly property line. Conclusion The amendment is requested to rezone the existing dwelling as a residential use and recognize a reduced interior side yard. The zoning of the land is requested to be changed from Institutional (I) to a site specific Residential Single Family and Two Family (R2) zone. The Zoning By -law amendment can be approved for the following reasons: Recommendation That Council approve the Zoning By -law amendment application to re -zone the existing dwelling R2 with a reduced interior side yard on one side. Roxanne Widdicombe, 5888 Delaware Street, expressed concerns about the drainage problems with the property and possible parking concerns if the residential use was rented to tenants. Steven Sadusek, 5880 Delaware Street, adjacent property owner, also expressed concern with the potential of drainage problems and the property being used for a multi- family dwelling. The Director of Planning & Development clarified that the R2 zoning allows for two- family dwellings and the property has adequate frontage. Murray Johnson for the applicant indicated that the application came about because the manse was no longer necessary for the church. It was suggested by Planning staff that a severance should occur separating the dwelling from the institutional use of the church. Also, the Planning suggested that the dwelling be zoned R2 to bring it in compliance with the surrounding properties. The Public Meeting was closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci offered condolences to Councillor Diodati and his family on the recent passing of his Aunt, Bernie Passek. Mayor Salci advised of the recent opening of the Niagara Falls Community Health Centre on Queen Street. Mayor Salci advised of some upcoming events: The 5 Annual Two Hearts in Motion fundraiser, supporting CPR Training and heart health awareness programmes in the municipality and the Great Wolf Lodge "Slideathon ". 2) REPORTS: March 22, 2010 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Lundy's Lane B.I.A.- requesting approval of their 2010 budget. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the request be approved. Carried Unanimously 2. Regional Municipality of Niagara - tax arrears and collection experience for 2008. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the communication be received for information. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the actions taken in Community Services Committee, on March 22, 2010 be approved. Carried Unanimously 1) The minutes of the March 8, 2010 meeting be approved. Carried Unanimously a) MW- 2010 -12 Distribution System Summary Report That this report be received and filed. PD- 2010 -24 Growth Plan Conformity Update That the Committee receive this report for information. c) FS- 2010 -03 Report on False Alarm Billings That all false alarm fees invoiced since 2009 be deferred and that staff meet with the BIA executive to obtain input into the existing by -law and report back to Council. d) FS- 2010 -01 Cost Recovery for Emergency Response Related Activity That Council approve enacting a by -law to recover costs associated with emergency response related activities. FS- 2010 -05 Contract Extension - Radio Project Manager 1) That Council approve the expenditure of up to $48,816.00 to secure the services of Lapp Hancock and Associates for the final phase of the implementation of the new land mobile radio system. That the Mayor and Clerk be authorized to execute all related agreements. - 5 - March 22, 2010 Council Minutes RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the recommendation from the "In Camera" meeting on March 22, 2010 be approved. 1. That report HR- 2010 -04, related to non -union salaries, be approved, as amended, approving a 2% general salary increase for non -union positions, excluding Mayor and Members of Council, retroactive to January 1, 2010. 2. That report HR- 2010 -03, dealing with a personnel matter related to WSIB benefits, be awarded. Carried Unanimously with Councillor loannoni declaring a conflict on item #1 and Councillor Mayes declaring a conflict on item #2. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the issue of Council members' salaries be deferred until closer to the end of the current term, for a recommendation for consideration for the next Council. Carried Unanimously 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- 2010 -15 - Municipal Accounts. The report recommends that Council approve the Municipal Accounts totalling $18,912,273.13 for the period February 4, 2010 to March 3, 2010. F- 2010 -16 - Major Receivables Monthly Report (February). The report recommends that Council receive the Monthly Tax Receivables report for information purposes. FS- 2010 -04 - Lease Agreements for the Niagara Falls Radio. System. The report recommends: 1) That Council approve the expenditure of up to $27,300.00 annually for the lease agreements necessary to secure radio tower locations at the Embassy Suites Hotel and the Cogeco Tower in Fonthill for the new land mobile radio system for the fire service. 2) That the Mayor and Clerk be authorized to execute all related agreements. L- 2010 -03 - Release of Restrictive Covenants, 7212 Burbank Crescent. The report recommends that the release of restrictive covenants registered on title to the property known municipally as 7212 Burbank Crescent ( "subject lands "), is hereby approved and authorized. - 6 - March 22, 2010 Council Minutes MW- 2010 -08 - Niagara Public Purchasing Committee Fuel Tender. The report recommends that the City of Niagara Falls award the tender for the supply and delivery of No. 2 Domestic Fuel Oil, gasoline and diesel fuel to Lippert & Wright Fuels Ltd., in accordance with their proposal submitted to the Niagara Public Purchasing Committee. PD- 2010 -23 - Request for Deeming By -law Lots 23, 24, 25 and 26, Plan 39. Owner: Scott Gilmore, 1692752 Ontario Inc., 4383 Portage Road and 6153 William Street. The report recommends that Council pass the by -law appearing on tonight's agenda to deem Lots 23, 24, 25 and 26, Plan 39 to no longer be within the registered plan of subdivision. PD- 2010 -25 - Official Plan Amendment No. 66, Proposed Estate Residential Implementation of the Ontario Municipal Board Decision. The report recommends that Council implement the Ontario Municipal Board Decision regarding Official Plan Amendment No. 66 by adopting the by -law on tonight's agenda that will: 1. Change the designation as shown on Schedule A of the Official Plan of the lands currently designated Rural /Agriculture to Good General Agriculture so as to comply with the Regional Policy Plan. 2. Delete PART 2, Section 8 of the Official Plan. PD- 2010 -26 - PLC - 2010 -002, Request for Removal of Part Lot Control Lot 47 and Part of Lot 48 Plan 59M -370, Hendershot Boulevard. Owner: Eric Henry - 800460 Ontario Limited. The report recommends: 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lot 47 and Part of Lot 48, Plan 59M -370, as exempt from Part Lot Control. 2. That the owner be given three months to create the new parcel and notify the City when the separate deed has been registered. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni 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 Mayes that the by -laws be given a first reading. Carried Unanimously 2010 -37 A by -law to authorize an Application General to amend the register to release restrictive covenants registered as Instrument Number LT22020Z. 2010 -38 A by -law to establish Block 19, Plan 59M -308 as a public highway, to be known as and to form part of Cuviello Court. 2010 -39 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 66) 2010 -40 A by -law to amend By -law No. 79 -200, to exempt certain uses on the Land from requiring parking. (AM- 2009 -025) 2010 -41 A by -law to amend By -law No. 79 -200, to exempt certain uses on the Lands from requiring parking. (AM- 2009 -026) 2010 -42 A by -law to designate Lot 47 & Part of Lot 48 Plan 59M -370, not be subject to part lot control. (PLC- 2010 -002) 2010 -43 A by -law to designate Lots 23, 24, 25 and 26, Plan 39 to be deemed not to be within a registered plan of subdivision. 2010 -44 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Limited Parking, Parking Prohibited, Stopping Prohibited, Loading Zones) 2010 -45 A by -law to authorize the payment of $18,912,273.13 for General Purposes. 2010 -46 A by -law to appoint Councillor Vince Kerrio as Acting Mayor. 2010 -47 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22n day of March, 2010. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. Carried Unanimously Fruit Stand ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that City staff be advised, when meeting with Regional staff, that Council supports an access to Mrs. Saczkowski's fruit stand along Mountain Road in light of recent construction of curbs and gutters. Carried Unanimously Niagara Falls Bridge Commission ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the rates for crossing the border be made more fair and equitable and that the matter be referred to the Bridge Commission. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the meeting be adjourned at 8:25 p.m. ‘/z) BILL MATSON, A TING CITY CLERK 7 March 22, 2010 Council Minutes NEW BUSINESS Carried Unanimously R.T. (TED) SALCI, MAYOR