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2010/05/31EIGHTH MEETING IN CAMERA MEETING Council met on Monday, May 31, 2010 at 4:30 p.m. in an In Camera Session. All members of Council, except Councillor loannoni and Kerrio, were present. Councillor Mayes presided as Chairman. report. Following consideration of the items presented, the In Camera Session did rise to DEAN IORFIDA, Patrick Cummings Award i 7 K CLERK REGULAR COUNCIL MEETING Council met on Monday, May 31, 2010 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council, except Councillors loannoni and Kerrio, were present. Alcina Cardillo sang the National Anthem. Councillor Mayes offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Mayes that the minutes of May 10, 2010 be approved, as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict in the Community Services meeting, regarding item # 4 under New Business, as her husband's employer is an organizer of the Motorcycle Enthusiasts week. Councillor Thomson indicated a conflict to report MW- 2010 -33. Mayor Salci indicated a pecuniary interest to cheque no. 336556, made payable to himself. DEPUTATIONS /PRESENTATIONS Committee Room 2 May 31, 2010 R.T. (TED) SALCI, MAYOR Members of the City's Disability Advisory committee recognized the Holy Trinity Anglican Church with the Patrick Cummings Award for going above and beyond in creating a barrier free environment. Rector Janet Cashin and Doug Hicks were present to accept. Dave Stuart accepted a certificate of excellence on behalf of Niagara Transit and made a brief presentation to Council on Transit's accessibility efforts. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the week of May30th - June 5 2010 be recognized as "National Access Awareness Week" in the City of Niagara Falls. Municipal Heritage Awards Coaches: Jim Baldassarro and Bill Jackman Background - 2 - May 31, 2010 Council Minutes Mayor Salci and Councillor Wing on behalf of City Council recognized the following people with Heritage Awards. Lieutenant Governor's Ontario Heritage Award for Lifetime Achievement: Jon Jouppien, Built Heritage Award: Jock Ainslie Cultural Heritage Award: Marie Henry Natural Heritage Award: John Bacher Lifetime Achievement : Robert Cormier Niagara Falls Red Raiders Midget Girls Basketball Team The members of the Niagara Falls Red Raiders team were recognized for winning the Division 3 Ontario Basketball Provincial Championship. Members of the team included: The Team: Ally Baldassarro, Ashley Nejeru, Kara Rosenkranz, Natalie Johns, Briar Olah, Courtney Santin, Allison Mussari, Julie Pasco, Rachel Vanoosten PLANNING MATTERS Carried Unanimously PD- 2010- 41 -AM- 2009 -012, Zoning By- IawAmendmentApplication, 5823 Temperance Avenue. Applicant: Ben Yosef The Director of Planning and Development reviewed the recommendations and provided the following information. The applicant is requesting the General Commercial zoning be amended site specifically: ► To add a Group Home for up to 17 persons; • Recognize the existing siting of the building; ► Allow one parking space. A Neighbourhood Open House was held on January 18, 2010 and no members of the public attended the meeting. The application was deferred by Council at its February 22, 2010 meeting as there were a number of questions regarding the operation and who regulates the use. The applicant provided further details on the function of the Group Home and a second Neighbourhood Open House was held on April 27, 2010. No members of the public attended this meeting. Planning Analysis Official Plan The land is designated Tourist Commercial Commercially designated lands can be considered for residential uses (including Group Homes) where such lands are in excess of demand. -3- May 31, 2010 Council Minutes The lands north of the subject property are designated residential. The proposed use complies with the Official Plan as follows: ► Land is surplus to commercial need; ► Small size of property and its lack of on -site parking limits the parcel's potential for a commercial use; ► Group Home is a type of residential use that provides an appropriate transition between the commercial uses and residential uses; ► Building has achieved a degree of compatibility; ► Group Home should generate less traffic and parking demands than a commercial use. ► The applicant has demonstrated a single parking spot can be provided on the property. Zoning By -law The applicant has requested that a Group Home be site specifically added to the list of permitted uses under the GC zone to accommodate up to 17 residents. The facility is intended to provide transitional housing and prepare individuals for independent living. The facility is intended to serve individuals with mental health issues, including those with acquired brain injury. The individuals are those discharged from hospital or referred to the group home by the Canadian Mental Health Association or Community Health Centre who are ready for transitional living. One full time staff person per shift will serve the facility, assisted by the Group Home's directors. Additional staff will include a cook to prepare meals and cleaning staff. The applicant has indicated more staff will be hired as necessary. This facility is not a group home licensed by the Province. The definition of Group Home in the City's Zoning By -law includes a residence for the accommodation of people, who by reason of their mental health require a group living environment for their well being. The proposed facility can be viewed as a form of transitional housing, with the occupants eventually seeking their own personal living accommodations. Governing /Licensing of Group Homes The proposed Group Home provides accommodation to individuals who require supervised living, but is not a type that is licensed or regulated by the Province or Federal government. The applicant will be required to obtain a municipal licence under the City's "Second Level Lodging House" By -law, passed in 2001. Regulations with respect to the operation, staffing and facilities are included in this by -law. The proposed Group Home complies with this by -law in terms of physical space and washroom facilities required to accommodate 17 residents. Inspection of Group Homes The Regional Health Office has responded to the owner indicating that they are mandated under the Ontario Public Health Standards to inspect Group Homes. They will be inspecting the facility a minimum of three times per year for food safety and once per year for general maintenance and sanitation. It is also understood that residents would be monitored by social workers or medical professionals. Summary The application can be supported: ► Official Plan permits surplus commercial lands to be considered for residential development. ► Group Home is an appropriate transition between commercial and residential uses. -4- May 31, 2010 Council Minutes ► Building is existing and has achieved a degree of compatibility. ► The Group Home is not expected to have a negative impact on the adjacent land uses. ► Provision of one on -site parking space is available. Recommendation That Council approve the Zoning By -law Amendment application to permit the property to be used as a municipally licensed Group Home for up to 17 persons, subject to the provision of one on -site parking space. Katherine Mykytiuk, President of Ukranian Orthodox Church, expressed concern on behalf of some of her members who are on a fixed income and need an affordable place to stay. Alex Kogramanov and Jerry Szajman, owners of the property outlined the intent of the group home is to house those with mental illness in their reintegration into the community. The home would receive referrals from the Greater Niagara General Hospital and the Niagara Falls Community Health Centre. They outlined the number of staff that would be present, the size of rooms and the number of washrooms. The applicants indicated they were happy to be inspected at any time. The Public Meeting was now Closed. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the application be deferred to the next Council meeting and that no further public notification be necessary. Motion Carried with Councillors Thomson and Wing opposed. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to Trent Dark, Director of Human Resources, on the passing of his father, Clifford Dark. Mayor Salci advised of the details of the recent visit by The Right Honourable Prime Minister, Stephen Harper on May 21s 2010. He noted the recent opening of the "Human Bodies Exhibit" and the Annual Employee Recognition Evening for City employees. Mayor Salci advised of some upcoming events: Downtown Springlicious food festival and the annual Canada Day Celebrations on July 1st COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Clifton Hill BIA - 2010 Budget for Council's consideration. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Fisher, seconded by Councillor Mayes that the request be approved as recommended. RECOMMENDATION: Refer to Staff for a report. Carried Unanimously 2. Chippawa Public Docks Committee - that the public docks be transferred to their stewardship with the docks split evenly on each side of the Welland River, east of the Weightman Bridge. ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the matter be referred to staff for a report, as recommended. Carried Unanimously RECOMMENDATION: Refer to Staff for a report. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the matter be referred to staff for a report, as recommended. Carried Unanimously 4. Mary Maslek - requesting that a monument be allowed to exceed the permitted heights within the Cemetery By -law. 5 May 31, 2010 Council Minutes 3. Franco Zarlenga - requesting that the Burning By -law be amended to allow chimineas and firepits. RECOMMENDATION: Refer to Staff for a report. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that staff work with the applicant (Mary Maslek) to accomplish her request and amend the by -law accordingly. 5. Rev. Dr. Ken Smith - requesting a $1,000 donation for a Global Rotary Club Project Shelterbox for Haitian Relief. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that Councillor Pietrangelo will accept pledges from members of Council. Carried Unanimously 6. Lundy's Lane BIA - requesting support in principle for a proposed entertainment venue in a tent on Lundy's Lane. RECOMMENDATION: That the applicant be directed to make a zoning by -law amendment application. ORDERED on the motion of Councillor Mayes, seconded by Councillor Thomson that the communication be received and filed. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the actions taken in Community Services Committee, on May 31, 2010 be approved. Carried Unanimously 1) The minutes of the April 26, 2010 meeting be approved. 2) REPORTS: a) MW- 2010 -25 Update Main /Ferry Area 1. That this report be received for information. Carried Unanimously Carried Unanimously 2. That Committee support the proposed implementation scheme for the Capital Works Improvement Program for the Historic Drummondville CIP Area. b) MW- 2010 -35 Downtown Revitalization Project Update For the information of Council. c) MW- 2010 -28 Lot Grading Policy This matter be deferred. d) PD- 2010 -42 Matters Arising from the Municipal Heritage Committee 1. Spence Weaver Homestead, 6590 Dunn Street, owners Audrey & Todd Barclay for the restoration of the verandah on the north side of the two storey portion of the house. 2. James Oswald House, 2922 St. Paul Avenue, owners Steve Bailey and Dave Fotheringham for the restoration of the stone wall with iron fence on the west and south sides of the property. 3. Doran /Marshall House, 4851 River Road, owners Gary & Carolyn Burke for the repointing of the masonry on the verandah. e) F- 2010 -34 2010 Property Tax Rates That Council approve the 2010 Property Tax Rates. f) F- 2010 -24 HST Report The Council approve amended Schedule of Fees and Services affected by the implementation of Harmonized Sales Tax (HST). g) CD- 2010 -04 Chicken, Rabbits and Bird Feeders 1. That Council maintain the limits, regarding the number of chickens and rabbits permitted within the urban boundary, under the Animal Control By- law; and 2. That Council not direct staff to draft an Anti -Bird Feeder By -law. h) RC- 2010 -10 Playing Field Cancellation Policy I) TS- 2010 -34 Leasing Buses to Address Summer Service - 6 May 31, 2010 Council Minutes That Council approve the attached Playing Field Cancellation Policy, effective September 7, 2010. 1. That Council approve the lease of two buses from St. Catharines Transit Commission for the months of July and August to address GO Train service requirement; 2. That the Mayor and Clerk be authorized to execute the necessary agreements. j) CAO- 2010 -05 Council Pending Item List -7 May 31,2010 Council Minutes That the Outstanding Council Requests report will be presented on a quarterly basis to keep Council informed on ongoing matters. 3) NEW BUSINESS: 1. That a meeting of the Armoury Ad Hoc Committee be called. 2. That Mr. lseppon's letter be referred to the Railway Ad Hoc Committee. 3. That a letter be sent to the Niagara Regional Police requesting speed enforcement of Montrose Road, north of Thorold Stone Road 4. That subject to support from the Clifton Hill BIA, that motorcycles be allowed to park on Oneida Lane in association with the planned Motorcycle Enthusiasts week. RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes 1. That a report on staffing of the swimming pools be brought forward for the next meeting. 2. Staff be directed to bring back Gale Centre agreements and substantiate financial information from the Junior B and Junior C's. 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. BDD- 2010 -02 - Celebrate Ontario Grant re: New Year's Eve Show. The report recommends that Council authorize the Mayor and Clerk to sign the Celebrate Ontario Agreement. F- 2010 -32 - Finance Lease Report. The report recommends that the report be received for information. F- 2010 -33 - Major Receivables Monthly Report (April). The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F- 2010 -35 - Final Tax Notice Due Dates. The report recommends that June 30 and September 30 be approved as the 2010 Final Due Dates for the Residential F- 2010 -36 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $8,308,013.30 for the period April 8, 2010 to May 5, 2010. -8- May 31,2010 Council Minutes L- 2010 -07 - Release of Site Plan Agreement, 5807 Ferry Street, File No. 2010 -104. The report recommends that Council authorize the release of a Site Plan Agreement dated November 20, 1989 (the "1989 Site Plan Agreement "), and made between 412259 Ontario Limited (the "Owner ") and The Corporation of the City of Niagara Falls (the "City "), over the lands municipally known as 5807 Ferry Street (the "Subject Lands "), as shown hatched on Appendix "1". MW- 2010 -33 - Neighbourhoods of St. David's Subdivision Sidewalk Construction Reconfiguration. The report recommends that the requirement to construct sidewalks within the Neighbourhoods of st. David's Subdivision be deleted in exchange for sidewalk construction on the west side of St. Paul Avenue from Mountain Road to the north limit of the subdivision and south side of Stone Gate from St. Paul Avenue to Stone Ridge. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the reports be approved as recommended. PD- 2010 -43 - Designation of Downtown Niagara Falls as a Tourist District under the Canadian Tourism - Oriented . The report recommends that Council support the designation of the Downtown area as a Tourist District and approve the resolution on tonight's agenda. -AND- NO. 15 - PIETRANGELO - THOMSON - Therefore be it resolved that Niagara Falls City Council declares the Downtown as a tourist district worthy of Tourism - Oriented Directional (TODS) signage. 2010 -73 2010 -74 2010 -76 2010 -78 RESOLUTIONS BY -LAWS Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously A by -law to amend By -law No. 395, 1966, to permit a machine shop on the Lands on a temporary basis in addition to the uses permitted in a Rural zone. (AM- 2009 -027) A by -law to establish part of Block C, Plan NS2 being Part 1 on Reference Plan 59R -13962 as a public highway, to be known as and to form part of Ailanthus Avenue. 2010 -75 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2010. 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. 2010 -77 A by -law to authorize the use of optical scanning vote tabulators for the purpose of the 2010 Municipal Elections. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Parking Prohibited, Parking Meter Zones, Ferry Street) 2010 -79 A by -law to authorize the payment of $8,308,013.30 for General Purposes. 2010 -88 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31s day of May, 2010. 9 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. NEW BUSINESS St. Paul Street - Neighbourhood of St. David's ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the Region be once again requested to investigate a dedicated left -hand turning lane into Pinestone Road (Neighbourhoods of St. David's) and that the Niagara Regional Police be requested to do speed enforcement in the area. Carried Unanimously Water Conservation ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that staff investigate a program to encourage variable flush toilets. Carried Unanimously 4Pw I ORDERED on the motion of Councillor Mayes, seconded by Councillor Diodati that the meeting be adjourned at 8:40 p.m. DEAN IORFID,A(, CITY CLERK R.T. (TED) SALCI, MAYOR May 31, 2010 Council Minutes Carried Unanimously Carried Unanimously