2010/12/13 REGULAR COUNCIL MEETING
December 13, 2010
Council met on Monday, December 13, 2010 at 4:00 p.m. in Committee of the
Whole in Committee Room #2. An In Camera session commenced at 5:55 p.m.
Following consideration of the items presented, the In Camera Session did rise and report
in open session.
Council met for the purpose of considering Regular Business matters in Council Chambers
at 6:30 p.m.. All members of Council were present. Councillor Kerrio offered the Opening
Prayer.
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ADOPTION OF MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the minutes of November 8, 2010 and the Inaugural Meeting of December 6, 2010 be
approved as recorded.
Carried Unanimously
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DISCLOSURES OF PECUNIARY INTEREST
Councillor Mayes indicated a pecuniary interest to cheque no. 341403, a refund
from the election and F- 2010 -66, 2011 General Insurance Report.
Councillor loannoni indicated a pecuniary interest to an In Camera matter pertaining
to her employer and to cheque no. 341361, a refund from the election.
Councillor Morocco indicated a pecuniary interest to cheque no. 341790 made out
to her spouse and cheque no. 341427, a refund from the election.
Councillor Thomson indicated a pecuniary interest to an In Camera matter
pertaining to his employer and cheque no. 341501, a refund from the election.
Councillor Wing indicated an indirect pecuniary interest on Communication # 2,
involving her daughter's workplace and on In Camera matter involving her husband's
employer and a pecuniary interest to cheque no. 341518, a refund from the election.
Councillor Gates indicated a pecuniary interest to cheque no. 314332, a refund from
the election.
Councillor Pietrangelo indicated a pecuniary interest to cheque 341466, a refund
from the election.
Councillor Kerrio indicated a pecuniary interest a pecuniary interest to an In Camera
matter pertaining to his business and to cheque 341372, a refund from the election.
Mayor Diodati indicated a pecuniary interest to cheque no. 341288, refund from the
election.
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Council Minutes
DEPUTATIONS /PRESENTATIONS
Kim Craitor, M.P.P.
Kim Craitor, the local member of Provincial Parliament spoke about his proposed Bill
22, a bill to amend the Children's Law Reform Act.
NO. 27 - IOANNONI - MOROCCO that the Niagara Falls City Council on behalf of
the residents of Niagara Falls and their grandparents support the amending of the
Children's Law Reform Actto emphasize the importance of children's relationships with their
parents and grandparents as outlined in Bill 22, introduced by Niagara Falls M.P.P. Kim
Craitor, in such a manner as
To require parents and others with custody of children to refrain from unreasonably
placing obstacles to personal relations between the children and their grandparents;
and
To include a specific reference to the importance of maintaining emotional ties
between children and grandparents and the willingness of each person applying for
custody to facilitate as much contact with each parent and grandparent as is
consistent with the best interests of the
child; and
To require the court to give effect to the principle that a child should have as much
contact with each parent and grandparent as is consistent with the best interests of
the child; and
FURTHER BE IT RESOLVED that a copy of this resolution be forwarded to all Ontario
municipalities through the Ontario Association of Municipalities for their consideration and
endorsement.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
hospitals be removed from the LHIN (Local Health Integrated Network) portfolio and a better
funding model be developed; and
That the Province revisit the structure of the Niagara Health System; and
That the Province create a Heath Care Ombudsman; and
That the resolution be circulated to municipalities through the Ontario Association of
Municipalities.
Carried Unanimously
Strike Out Violence
Mark Lightfoot and Joe Talarico addressed Council on the 9th Annual Strike Out
Violence Bowling Tournament, which raises awareness for Women's Place of South
Niagara.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that
Council enter a team into the bowling tournament.
Carried Unanimously
4 Annual Sun Life Charity Hockey Tournament
Tournament organizer, Lester St. Croix, tournament organizer and Scott McRoberts
informed Council of an the upcoming Charity Hockey Tournament and asked for Council's
support.
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Council Minutes
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
Victor Labreche be permitted to speak, regarding PD- 2010 -93 on the Consent Agenda.
Carried Unanimously
Victor Labreche advised Council of the Telecommunication Facility Consultation
process for the application in question and asked for Council's approval of the report.
PD- 2010 -93 - Telecommunication Facility Consultation, 6700 Morrison Street.
Labreche Patterson & Associates on behalf of Rogers Communications Inc.
The report recommends that Industry Canada be advised that the City of Niagara
Falls has no objection to the construction of a 30 metre flag pole style telecommunication
tower and equipment cabinet on the lands at 6700 Morrison Street subject to the conditions
of fencing around the base and that the actual flag be flown and maintained in good
condition.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Gates that
the report be approved as recommended.
Carried Unanimously
PLANNING MATTERS
PD- 2010 -96 -AM- 2009 -011, Zoning By -law Amendment Application. 5547 -5559 Portage
Road and Part of 5895 North Street. Applicant: B & A Rental Properties Inc. Agent:
Phil Fisher. Proposed 5 Storey Medical Office Building
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Purpose of the Amendment
To rezone the subject lands to permit a 5 storey office building containing medical offices,
clinics, a retail store and a coffee bar.
Current Zoning
Residential Apartment 5B Density, Neighbourhood Commercial, and Institutional.
Requested Changes
To rezone to a site specific General Commercial zone limited to offices, clinics, a retail store
and coffee bar;
To reduce the setback from the centre line of Portage Rd.;
To increase in building height from 10 m to 21.1 m.
Neighbourhood Open House 8 residents attended on November 9, 2010:
Excessive building height resulting in overshadowing and loss of privacy;
Lack of front yard setback which may cause difficulty for neighbours exiting their driveways;
Lack of buffering and snow storage and potential for lighting and odour impacts;
Disruption and potential for damage to surrounding dwellings during construction;
Potential for coffee bar to increase in scale.
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Some residents indicated certain concerns may be addressed if the building was
significantly reduced in height and size.
Planning Analysis
Official Plan Designation - Residential and Special Policy Area 1
Proposal complies by:
► providing mainly medical offices and clinics and a small portion of retail and coffee
bar to service the building as ancillary uses to the GNGH Staff found the proposed
5 storey building design out of character with the surrounding area, which is not in
keeping with the OP policies
However, the proposal is not in keeping with the OP policies because:
► proposed front yard setback is not consistent with adjacent dwellings and does not
allow for front yard landscaping that is in keeping with the character surrounding
residences.
► a proposal with a lower building height, an increased front yard setback and
increased landscaping to be more reflective of surrounding development and could
be supported.
Zoning - R5B; NC, and I,
Requested Changes
► General Commercial zone limits the uses to offices, clinics, retail and coffee shop
conforms with the OP
► Current zoning provides that future buildings should be in the range of 3 storeys and
also a 7.5m front yard setback, side yard setbacks of /2 the building height and 30%
to 35% landscaped open space coverage.
► The requested departures from the current standards cannot be supported.
► The requested 6 storey building is out of character with the neighbourhood.
► Building heights should be kept to approximately 3 storeys (10 m) and the front yard
setback should be increased. Landscaping should be increased in the form of
landscaping in the front yard and increased landscaping strips around the parking
lot to provide more room for buffering, tree planting and snow storage.
Conclusion
The applicant has requested a GC zone to permit the property to be developed with an
office building containing medical offices, clinics, ancillary retail and a coffee shop.
Although the proposed uses are contemplated by the Official Plan, the project cannot be
recommended due to the following:
► The requested building height is out of character with the surrounding area;
► The proposed front yard setback does not reflect the character of adjacent
dwellings; and,
► Proposed landscaping does not reflect the residential character of adjacent
lands.
A development with a lower building height (3 storeys), increased setbacks and increased
landscaping could be supported by Staff.
Recommendation
That Council not approve the application to rezone the lands a site specific General
Commercial (GC) zone, to permit a 5 storey office.
James McBurney, 5533 Portage Road, felt the application was changing the
residential nature of the area. He questioned the need for retail. The size of the building
would hamper his visibility getting out of his driveway. Mr. McBurney felt the proposal was
too big, would create noise and lighting would affect the enjoyment of his property.
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Council Minutes
Rob Moreau, 5910 Prospect Street, felt a loss of privacy would result from the
proposed building height.
Andrew Bynkoski , 5904 Prospect Street, has his property backing onto the proposed
area and will be facing the parking lot. He felt there would not be adequate screening.
Alita Elefante, 5517 Portage Road, indicated that past proposals for the property had
been denied because they were too intensive, similar to the application.
Phil Fisher, planning consultant for the applicant, provided Council with some
background on the properties that had been assembled for the project. He pointed out that
the property is not zoned residential and that the proposal is less intensive than the Vacarro
proposal on the same road. The professional building would be complementary to the
hospital.
Dr. Bartel Le Roux, one of the proponents, felt that this type of professional building
would attract doctors to the area and limit the efforts to centralize health services elsewhere.
The Public Meeting was Closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
the report be approved as recommended.
Carried Unanimously
Councillor Kerrio exited Chambers.
PD- 2010 -92 -AM- 2010 -021, Zoning By-Iaw Amendment Application. 5827 Main Street.
Applicant: Nancy and Donald Searle. Proposed Site Specific Residential Low Density,
Grouped Multiple Dwellings Zone (R4) to Recognize a Building Containing Four
Dwelling Units.
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Background
Purpose of Amendment:
To rezone to R4 to recognize a building with 4 dwelling units
Current Zoning:
General Commercial, in part, and General Commercial with a site specific provision for
parking, in part
Requested Changes:
Rezone to Residential Low Density, Grouped Multiple Dwellings (R4) with site specific
provisions for Minimum lot Frontage; Minimum front yard setback and Minimum side yard
setback.
Neighbourhood Open House:
November 8, 2010; no members of the public attended
One telephone inquiry was received and had no objections
Planning Analysis
Provincial Policy Statement (PPS) & Provincial Growth Plan
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Council Minutes
Proposal complies because:
► Makes efficient use of the lands within built boundaries by intensifying the use of the
subject property with residential units.
Official Plan Designation: Minor Commercial
Proposal complies:
► Lands are in excess of commercial need.
► the conversion is not expected to have a detrimental impact on commercial
development.
► Density of 33 units /ha is compatible with surrounding area.
• Massing of the building is consistent with the character of the area.
► The setbacks of the existing building have been established for some time.
► The proposal will not create any disruptions to commercial traffic patterns in the area.
► There is excess parking available on the subject property.
► The property is in a suitable location with respect to public service facilities and the
building is compatible with the surrounding area.
Zoning By -law
Changes can be supported:
► Site is physically large enough to support at least 6 dwelling units, therefore, the
requested R4 zone is appropriate. It is not necessary to limit the property to 4
dwelling units.
► The rezoning will be accompanied by site specific provisions as follows:
► Minimum Lot Frontage — Required = 24 m / Provided = 19 m
► Minimum front yard setback — Required = 7.5 m + 11.5 m / Provided = 0 m
► Minimum side yard setback — Required = 3.7 m / Provided = 2.14 m
The existing parking area has room for 10 parking spaces where only 5 spaces are
required.
Conclusion
The applicant has submitted an application to amend the Zoning By -law to recognize the
existing building containing 4 dwelling units.
The applicant is:
► Consistent with the Provincial Policy Statement;
► Consistent with the Provincial Growth Plan;
• Conforms to the City's Official Plan.
The proposed use is compatible with the surrounding land uses and there is an excess of
5 parking spaces at the rear of the building.
Recommendation
That Council approve the Zoning By -law amendment application to rezone the subject lands
Residential Low Density, Grouped Multiple Dwellings Zone (R4) with site specific provisions
to recognize lot frontage, front yard setback and interior side yard setback of the existing
building.
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The applicants were present and asked for Council's support.
The Public Meeting was Closed.
ORDERED on to motion of Councillor Maves, seconded by Councillor Morocco that
the report be approved as recommended.
Carried Unanimously
PD- 2010 -91 -AM- 2010 -019, Zoning By -law Amendment Application. 4001 Weaver
Road. Applicant: Gary Joseph Landry and Dianne Cartmell. Removal of Site - Specific
Zoning on Part of the Subject Property Background Material:
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Purpose of the Amendment
• to remove the site specific zoning on Part 2 for a tourist home use.
► Committee of Adjustment approved a consent to sever 5.061 ha from the subject
property and add it to the abutting property to the west.
Current Zoning
► Rural, with site specific provisions which permitted a tourist home.
Requested Changes
► Removal of the site specific provisions on the portion of the land that is to be
severed.
Neighbourhood Open House
► Held on November 9, 2010, no members of the public attended.
Planning Analysis
Provincial Policy Statements
► The PPS protect agricultural lands.
► The proposal is to add the lands to the adjoining farm for agricultural purposes.
Official Plan Designation
► Good General Agriculture
How proposed use complies with Official Plan
► The Good General Agricultural policies support the consolidation of agricultural land
which is accomplished by adding the lands to the adjoining farm.
Results of Requested Zoning Changes
► The removal of the tourist home use from the lands would mean that the lands revert
to the standard Rural zone.
Conclusion
The applicant has applied to remove a site specific zoning from part of the subject property
in order to fulfill a condition of a lot addition application. The application is:
► Consistent with the Provincial Policy Statement, the Provincial Growth Plan; and
conforms to the City's Official Plan.
• Satisfies Committee of Adjustment approval.
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Recommendation
That Council approve the Zoning By -law amendment to remove a site specific provision for
a tourist home from the westerly part of the subject property and thus reinstate the standard
Rural zone.
Rob Forbes, representing Mr. Landry and Ms. Cartmell, indicating the matter was a
down zoning due to the severance and was in keeping with the Provincial Policy Guidelines.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the report be approved.
Carried Unanimously
Councillor Kerrio returned to Chambers
PD- 2010 -94 - 26T -11- 2009 -01 & AM- 2009 -030, Fernwood Phase 3 Draft Plan of
Subdivision. Zoning By -law Amendment Application, Lundy's Lane ( North Side),
West of Garner Road. Owner: 800460 Ontario Limited (Fred Costabile)
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Purpose of the Amendment:
► To rezone the lands and approve a plan of subdivision
Current Zoning : Development Holding (DH)
Requested Changes:
To rezoned to Residential Single Family 1 E Density for the 96 single detached dwellings
and a site specific Residential Low Density , Grouped Multiple Dwellings (R4) for 44
condominium townhouse units.
Neighbourhood Open House: November 15, 2010
5 members of the public attended with the following concerns:
► Can road network be expanded westward into Good General Agriculture area?
► The north and west boundaries of subdivision form the urban boundary, so
no expansion can occur
► Possible impacts from townhouse blocks on single detached dwellings, including
waste disposal?
► Blocks are anticipated to be developed at low density with waste disposal
being curbside pickup by a private contractor.
► Potential impacts on adjacent woodlots.
Provincial Matters - Highway 420 Alignment
Land is subject to a Provincial Order in Council dated February 16, 1978 designating an
extension of Hwy 420 across the land.
Staff met with MTO in June 2010 and stated that land is needed to meet residential targets
and that extension goes through a significant woodlot.
MTO is currently undertaking EA for the Niagara to GTA corridor and if an alternative route
is determined through the EA, then the City request the Minister's Order be lifted. The EA
is expected to be completed in December.
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Until the future alignment of Hwy 420 is determined and the Order in Council lifted, further
processing of this application is not recommended.
The Planning Act requires that decisions of Council are to have regard to Provincial
interests such as this matter.
Provincial Policy Statement & Growth Plan
Proposal complies:
► The density of 15 units /ha (6 units /ac) meets the Ontario Municipal Board order.
The Region has not expressed concern.
► development takes advantage of existing infrastructure.
OFFICIAL PLAN DESIGNATION — Residential and Special Policy Area 44
Proposal complies:
► A mix of housing types is being provided.
► all buildings and structures be set back 5 m from the woodlot perimeter and any
grading plans be sensitive to the protection of the woodlot.
Subdivision Design
► OMB approved the OP Amendment, Zoning By -law Amendment and the Draft
Plan conditions for Phase 1 which set the development parameters and general
design for the overall site.
► Parkland requirements were addressed in Phasel through the development of a
trail system south of Hendershot Blvd.
► Playgrounds will be installed adjacent to the trail which is the main
recreational /open space feature of the area.
Zoning By -law
Changes can be supported:
► Standard R1 E zone has been requested and has appropriate provisions to guide
the development of these lots.
► Standard R4 zone has been requested and has appropriate provisions to guide
the development of the townhouse blocks.
► In keeping with the OP policies to protect the woodlot to the east, the site specific
R4 zone is requested to contain provisions requiring a 5 m structure setback from
the woodlots to the north and east.
Conclusion
The applicant has requested approval of a draft plan of subdivision and a zoning
amendment to permit the development of a subdivision with 96 single detached Tots and
2 blocks for townhouses (44 units in total).
► The request is in keeping with the Official Plan and is generally supported by
external agencies. This completes the Fernwood development approved at the
OMB and represents good planning.
► However, the request cannot be recommended until such time as the Ontario
Ministry of Transportation (MTO) has withdrawn the Ministerial Order, protecting
the Highway 420 extension through the property.
Recommendation
That Council not approve the Fernwood Phase 3 Draft Plan of Subdivision or the related
Zoning By -law Amendment application.
That Council pass the resolution listed on tonight's agenda indicating that the proposed
extension of Highway 420 is not needed or desired in the municipality.
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Jean Grandoni, R R # 2, Garner Road, said the application was premature and
that a certified surveyor should be brought in to more accurately map the forest.
Dr. John Bacher, 134 Church Street, St. Catharines, also felt a survey was
necessary.
Joe McMaster, 9301 Beaverdams Road, advised that residents in other phases of
this development were encroaching onto the forest and better enforcement of the buffer
zone was necessary.
Marianne McMaster, 9301 Beaverdams Road, indicated the need for more
environmental protection and questioned why the city had not completed the fencing
promised.
Italia Gilberti, Broderick & Partners, provided Council with some background
information on the property and the proposed extension of the 420 Highway. She indicated
despite the best efforts of herself and her client Phase 3 would be frozen until the province
made a decision. She questioned the description of the objectors of certain forests in the
area and clarified that there would be a fence at the drip line.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
recommendation # 1 be deferred for to the next meeting to allow staff to come back with
draft plan conditions and that recommendation # 2 be approved.
Carried Unanimously
PD- 2010 -95 - 26CD -11- 2006 -05 & AM- 2010 -018, Official Plan and Zoning By -law
Amendment Application. Modifications to Draft Approved Plan of Vacant Land.
Condominium - Thundering Waters Village Drummond Road (East Side), South of
McLeod Road. Owner: Mountainview Homes (Niagara) Ltd.
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Purpose of the Amendment
► A modification of a draft approved plan of vacant land condominium to permit 39
additional single detached units and 12 additional townhouse units.
► This modification requires Zoning and OP amendments to accommodate the
increase in number of dwelling units and smaller lot sizes.
Current Zoning & Official Plan
► Site specific Residential Single Family 1D Density zone, in part;
► Site specific Residential Apartment 5F Density zone, in part; and,
► Site specific Environmental Protection Area zone, in part, and
► Official Plan Special Policy area No. 53.
Neighbourhood Open House
Held on November 2, 2010, with 4 residents attending expressing the following concerns:
► that changes would be made to EPA zone — [ none are contemplated. ]
► Impacts on existing sewer services — [ Developer advised that clearance would have
to come from the Region, that sufficient capacity is available, prior to registration of
the condominium corporation]
► Impact of development on existing residential properties north of the hydro corridor
— [Residents were advised that fencing will be provided along Drummond Rd. and
that the proposed lots are not being shifted closer to the properties north of the hydro
corridor.
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Council Minutes
Provincial Policy Statement and Growth Plan
The proposed modifications to the condominium plan modestly increase the density of the
development and represent an efficient use of residential land and urban services.
Official Plan
Permits a maximum of 270 dwelling units (single detached, townhouse & 1 apartment
building)
Applicant is requesting Official Plan be amended to reflect 321 dwelling units
The intent of the OP is satisfied as follows:
► Modest increase in the density of the single detached and townhouse units
is consistent with OP policies governing density and location of these
dwellings;
► Development will remain compatible with the subdivision to the north in terms
of density, building mass and appearance;
► No impacts on the environmental lands; conservation areas are not being
changed and policies intended to protect these areas will remain in effect;
► Transportation and servicing infrastructure can support the modest increase
in number of units
Conclusion
The proposed modifications to the draft approved plan of vacant land condominium can be
supported because:
► The proposal complies with the Provincial and Regional policies with respect to
providing compact development and is consistent with densities for low to medium
density developments directed by the Official Plan;
► There will be no additional impacts on protected environmental lands;
► Transportation and servicing infrastructure are sufficient to service the additional
units; and
► The requested zoning standards will provide for compact development and a unique
community design.
Recommendation
That the draft approved plan for the Thundering Waters Village Vacant Land Condominium
be modified subject to the conditions in the appendix of Staff Report PD- 2010 -95
That the Mayor or designate be authorized to sign the modified 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.
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.
That the application to amend the Official Plan and the Zoning By -law be approved as
detailed in the staff report to increase the number of dwelling units from 270 to 321 and to
provide the necessary land use regulations to guide the development of the condominium.
That the Mayor and City Clerk be authorized to execute the condominium Subdivision
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.
Rick Brady, for the developer, indicated that the function of lands should be
determined prior to the determination of fencing. He clarified that what was changing was
the mix of development and where access to the development was located.
The Public Meeting was Closed.
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Council Minutes
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the report be approved as recommended.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to Niagara Regional Police Chief Wendy Southall
on the passing of her mother, Mrs. Winnifred Raike.
Mayor Diodati advised of some recent events: Sleep Cheap, Pat Simon's 80
Birthday, the City's coverage on AM Buffalo; the Candlelight Stroll Downtown and the Santa
Claus Parade.
Mayor Diodati advised of an upcoming event: the annual New Year's Eve Celebration
in Victoria Park.
The Mayor spoke of the proposed pep rally for Team Canada and Dino Fazio of the
Winter Festival of Lights explained the background on the event and why they felt they had
to charge to cover costs.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that Council endorse and join with the Winter Festival of Lights to officially host a pep rally
for the Canadian Junior Hockey Team.
Carried Unanimously
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Marinelli Hypnosis Centre - Request that January 4, 2011 be recognized as "World
Hypnotism Day" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the request be approved as recommended.
Carried Unanimously
2. FX WORX INC. - Annual request for the New Year's Eve fireworks display at the
Skylon Tower.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved as recommended.
Carried Unanimously
3. Office of the Bishop of Niagara, Anglican Church of Canada - Correspondence
indicating their interest in giving over care and maintenance of the cemetery at All
Saints Church, 5850 Robinson and the building.
RECOMMENDATION: Refer to Staff for a Report
ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that
the matter be referred to staff.
Carried Unanimously
4. Clerk, Regional Municipality of Niagara - Requesting municipal representation for
the Region's Transportation Strategy Steering Committee, Inter - Municipal
Specialized Transit Committee and Culture Committee.
RECOMMENDATION: For the Consideration of Council.
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Council Minutes
ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that
Councillor Maves be appointed to the Region's Transportation Strategy Steering
Committee.
Carried Unanimously
5. Memo from City Clerk - Regarding the City representative to the Niagara Parks
Commission.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that Councillor Kerrio be appointed as the Council representative to the Niagara Parks
Commission; and
That a resolution be sent to the Province (Ministry of Tourism) and the Niagara Parks
Commission requesting amendments to the Niagara Parks Act and /or the Niagara Parks
Commission by -laws, where applicable, to
Eliminate the Commission's oath of confidentiality, except on matters that affects the
Commission's competitive position, so that the representatives from municipal councils may
report back to the council they represent; and
That In Camera sessions at the Niagara Parks Commission be conducted in accordance
with the same requirements as followed by municipalities under the closed meeting
provisions of the Municipal Act; and
That municipal council representatives not be compelled to declare conflicts on matters
pertaining to the corporation of the municipality they represent; and
That all members of the Niagara Parks Commission be responsible for declaring their own
conflicts at Commission meetings; and
That the Chair not be allowed to declare a conflict on behalf of a Commission member.
Carried Unanimously
6. Jean Grandoni - Regarding the City's Environmental Policies
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves to
receive and file the information.
Carried Unanimously
* * * **
REPORTS
CLERKS REPORTS
CD- 2010 -12 - Chief Administrative Officer - 2011 Council Schedule
The report recommends that Council approve the 2011 Council Schedule; and that
Council determine a start time for the Council meetings.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Gates that
the 2011 Council Schedule be approved.
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the start time for Council meetings be set at 6:30 p.m.
Carried Unanimously
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RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE MATTERS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the actions taken in the Committee of the Whole Committee, on December 13, 2010
be approved.
Carried Unanimously
1) The Corporate Services minutes of the November 8, 2010 meeting be approved.
2) REPORTS:
a) Community Support Services of Niagara
Snow Buddies Volunteer Program
That Council endorse the Snow Buddies program and refer it to the school boards.
b) MW- 2010 -63
Chippawa Sewer Flooding Relief Study
Municipal Class EA - Final Recommendations
1. That City Council adopt the recommendations set out in the Environmental
Study Report for the Chippawa Sewer Relief Study Class Environmental
Assessment;
2. That staff be directed to advertise the Notice of Study Completion as set out
in the Municipal Class EA process
c) R &C- 2010 -23
Spring and Summer Ice Rates
1. That Council approve the 2011 spring and summer ice rates for the Gale
Centre.
2. That the fees are effective for the 2011 spring and summer ice season May
1 to mid - September.
d) F- 2010 -66
2011 General Insurance Report
1. That in the absence of an adopted 2011 General Purposes Budget, Council
approve a six month extension of the Comprehensive Insurance Program
from Frank Cowan Co. Ltd. at a premium of $867,628 plus taxes.
2. That Council approve the 2011 Comprehensive Insurance from Frank Cowan
Co. Ltd. for the library of $43,142 plus taxes.
3. That Council approve the 2011 Volunteer Firefighters Accidents Insurance
Program from AIG Commercial Insurance Company at an annual premium of
$6,921 plus taxes.
3) NEW BUSINESS:
1. That staff bring back a report on freezing Senior's Property Taxes for Senior
Homeowners on guaranteed income supplement.
2. That a policy be put in place, moving forward, for seating of the Council
members, with new members filling vacant seats and existing council
members having the option of staying in their existing seats and if the choose
to move, the names will be drawn by lot.
* * * **
- 15 - December 13, 2010
Council Minutes
RATIFICATION OF "IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the recommendations from the "In Camera" meeting on December 13, 2010 be
approved.
That the Mayor and Clerk be authorized to execute the agreement to purchase lands from
Badger Farms Limited for the purposes of the Warren Creek Channelization project.
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.
L- 2010 -17 - Niagara Convention and Civic Centre Inc. Lease and Operating
Agreement. The reports recommends
1. That Council approve the Lease and Operating Agreement attached to the execution
by -law found in the by -laws section of this agenda;
2. That the Mayor and Clerk be authorized to execute the Lease and Operating
Agreement; and
3. That Staff take whatever steps required to implement the approval and direction
given in paragraphs 1 and 2 above.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Gates that
the report be deferred.
Motion Carried
with Councillors Kerrio, Mayes, Pietrangelo and Thomson opposed.
TS- 2010 -45 - Residential Convenience Pass Trial Period Extension. The report
recommends that Council approve a one year extension of the Residential
Convenience Pass program.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the report be approved as recommended.
Carried Unanimously
PD- 2010 -97 - Appeal Denial of Minor Variance to Sign By -law McCullough
Management Inc. 3690 Portage Road. The report recommends that Council waive the
appeal requirements for an electronic fascia sign at 3690 Portage Road and that staff be
directed to bring a report back to the first meeting in January 2011.
ORDERED on the motion of Councillor Thomson, seconded by Councilor Pietrangelo
that the report be approved as recommended.
Carried Unanimously
F- 2010 -61 - 2009 Financial Statements Additional Disclosure. The report recommends
that Council receive the report for information purposes.
F- 2010 -63 - Monthly Tax Receivables Report. The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
- 16 - December 13, 2010
Council Minutes
F- 2010 -64 - Approval of Interim 2011 Spending Limits. The report recommends that,
in the absence of an adopted 2011 General Purposes Budget, City Council approves the
following:
1. City divisions be allowed to incur costs to a level of 50% of the divisions' expenditure
budget of the prior year.
2. New capital expenditures which are deemed essential by a division be approved by
City Council prior to purchase.
3. That this policy be communicated to all Commissions, Boards and Agencies, and
that the City's contributions, to each stakeholder group be in accordance with the
attached schedule.
F- 2010 -65 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $17,017,073.59 for the period October 21, 2010 to November
24, 2010.
R &C- 2010 -24 - Coronation 50 Plus Recreation Centre Membership Fee 2011. The
report recommends:
1. That City Council approve the 2011 Membership Fee effective January 1, 2011.
2. That a $5.00 non Resident Fee apply in addition to the regular membership fee.
R &C- 2010 -25 - Trademark of the City of Niagara Falls, 1812 -2012 Task Force. The
report recommends that City Council approve the trademarking of the logo developed to
commemorate the 200 anniversary of the War of 1812 in Niagara Falls.
R &C- 2010 -26 - Supply and Installation of PVC Pool Liner System - F.H. Leslie Pool.
The recommends that the Mayor and Clerk be authorized to execute the agreement with
Acapulco Pools Limited, the low bidder for the supply and installation of the PVC Pool Liner
System at F.H. Leslie Pool.
TS- 2010 -51 - Rural Speed Limits. The report recommends that a 70 km /hr speed limit
is established on:
a) Marshall Road between Niagara Parkway and Ort Road (south intersection);
b) Marshall Road between Ort Road (north intersection) and a point 140 metres west
of Beck Road;
c) Miller Road between Sodom Road and Niagara Parkway;
d) Ort Road between Marshall Road (south intersection) and a point 245 metres north
of Willick Road;
e) Reixinger Road between Lyons Creek Road and a point 550 metres west of Dell
Road;
f) Reixinger Road between Ort Road and a point 260 metres west of Stanley Avenue
(west intersection);
g) Sherk Road between Sodom Road and Niagara Parkway;
h) Stanley Avenue between Reixinger Road and Marshall Road; and,
I) Weaver Road between Ort Road and Niagara Parkway.
TS- 2010 -53 - Contract Renewal 2011 Canadian Corps of Commissionaires. The report
recommends:
1) That Council approve a one year extension to the Canadian Corps of
Commissionaires (Hamilton) contract for the supply of Parking Control Services,
School Crossing Program Administration and Security Services; and
2) That the Mayor and City Clerk be authorized to sign the necessary agreement.
ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo
that the remainder of the Consent Agenda reports be approved.
Carried Unanimously
* * * **
- 17 - December 13, 2010
Council Minutes
RESOLUTIONS
NO. 28 - WING - PIETRANGELO - that the Niagara Falls City Council petition the Minister
of Transportation indicating that the proposed extension of Highway 420 is not needed or
desired in the municipality.
Carried Unanimously
* * * **
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be given a first reading.
Carried Unanimously
2010 -163 A by -law to amend By -law No. 79 -200, to permit a recreational use within an
existing place of worship and to repeal By -law No. 89 -33. (AM- 2010 -017)
2010 -164 A by -law to amend By -law No. 79 -200, to permit a semi - detached dwelling on
the Lands. (AM- 2010 -029)
2010 -165 A by -law to authorize the execution of an Agreement of Purchase and Sale
with Badger Farms Limited, respecting the purchase of lands in the City of
Niagara Falls, in the Regional Municipality of Niagara.
2010 -166 A by -law to authorize the execution of an Agreement with Dr. Sadiqa Karim
dated December 1, 2010, respecting achieving the goals of the Niagara Falls
Health Professional Recruitment and Retention Task Force to recruit and
retain qualified physicians for the City.
2010 -167 A by -law to amend By -law 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
2010 -168 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings.
2010 -169 A by -law to authorize the payment of $17,017,073.59 for General Purposes.
2010 -170 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 13 day of December, 2010.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be read a second and third time and passed.
Carried Unanimously
* * * **
NEW BUSINESS
Royal Wedding
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Wing that an
invitation be extended to Prince William and Kate Middleton to celebrate their honeymoon
in Niagara Falls.
Bus Transportation
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
staff bring back a report on the issue of bus service to the new WalMart and look into the
possibility of bringing buses to the door at the MacBain centre or, in the alternative, a bus
shelter on Montrose Road.
Carried Unanimously
- 18 - December 13, 2010
Council Minutes
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that
the meeting be adjourned at 11:00 p.m.
Carried Unanimously
* * * **
0
L--
DEAN IORFID , C Y CLERK JAMES M. DIODATI, MAYOR