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2006/11/20Council met on Monday, November 20, 2006 at 6:00 p.m. in an In Camera Session All members of Council were present. Alderman loannoni presided as Chairman. Following consideration of the items presented, the In Camera Session did arise in open session. 1 DEAN IORFI CITY CLERK NINETEENTH MEETING IN CAMERA MEETING REGULAR COUNCIL MEETING NOVEMBER 20, 2006 COUNCIL MINUTES Committee Room 2 November 20, 2006 R.T. (TED) SALCI, MAYOR Council Chambers November 20, 2006 Council met on Monday, November 20, 2006 at 7:00 p.m. for the purpose of considering Regular /Planning Business matter. All members of Council were present. Alderman Morocco offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Morocco seconded by Alderman Pietrangelo that the minutes of October 30 2006 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman Morocco indicated a pecuniary interest to cheque no. 305063 which was payable to her spouse. Alderman Wing indicated a pecuniary interest to cheque no. 305613 and no. 305783 payable to the Niagara Parks Commission where her spouse is an employee. Alderman loannoni indicated a conflict to Community Services Report Radar Speed Board as she has a contractual relationship with the proponent. Mayor Ted Salci indicated a pecuniary interest to cheque no. 305667 which was issued to himself. Alderman Kerrio declared a conflict on the Hillside Place item from the "In Camera" agenda as the property is owned by a neighbouring business. Patrick Cummings Award 2 NOVEMBER 20, 2006 COUNCIL MINUTES DEPUTATIONS /PRESENTATIONS The City Clerk, Dean Iorfida, made a presentation regarding accessibility at the MacBain Community Centre. Paisley Janvary-Pool, Chair of the City's Disability Committee presented an award to the Parks, Recreation Culture Department who is a partner at the MacBain Community Centre. Denyse Morrissey, Director of Parks, Recreation Culture accepted the award. The report recommends that the Niagara Region's Facility Accessibility Design Standards be adopted as a guide for development of future municipal facilities. ORDERED on the motion by Alderman Volpatti seconded by Alderman Morocco that report be approved as recommended. REPORTS PLANNING MATTERS Carried Unanimously PD- 2006 -95 Official Plan Zoning By -law Amendment Application AM- 3512005, Marineland Parkway, Applicant: Napev Construction Limited, Agents: James Okawa Brutto Consulting Uri Salmona, Salmona Tregunno Inc. Proposed Apartment Development. The Planning Development Department received a request from Salmona Tregunno Inc. requesting a deferral on the application to a later date. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio that the report be deferred as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci advised that letters of condolence were sent to the families of the Margaret Stephen, Mother of Lori Albanese employee at Parks Recreation; George Emery, retired employee from the City of Niagara Falls; Les White, School Crossing Guard Co- ordinator; Clare Cryderman the father of Alderman Joyce Morocco; Kim Posonski, brother -in -law of Barb Cook of Municipal Works; William Gurskyi, father -in -law of Zenon Chytra of Municipal Works; Salvatore Romanelli, retired employee from the City of Niagara Falls; Marie Henderson, the first president of the Niagara Falls Lioness Club from 1950 to 1951 and Jimmy Foster, fixture at the Niagara Falls Fire Hall on Morrison Street. Mayor Salci thanked the Clerk's division for running and conducting the recent Municipal Election. Mayor Salci thanked all who participated as candidates. His Worship Mayor Salci also thanked all City staff involved in the annual Santa Claus Parade. Mayor Salci presented the three alderman who will be leaving Council with a gift. They have all served the community well over time and will be greatly missed. Alderman Wayne Campbell served on Council from 1985 to 1991 and 1994 to 2006. Alderman Joyce Morocco served on Council from 2003 to 2006. Alderman Selina Volpatti served on Council from 1994 to 2006. 3 NOVEMBER 20, 2006 COUNCIL MINUTES COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Niagara Falls Girls Soccer Club Request permission to incorporate the City's logo in the new logo /crest for the Girls Soccer Club. RECOMMENDATION: For the consideration of Council ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo that the communication be approved. Carried Unanimously 2. Downtown Niagara Falls Board of Management Request that free parking be implemented at all meters on Downtown Streets, during the month of December 2006. RECOMMENDATION: That 2 hour free parking, at on- street parking meters and on- street pay and display machines, in the Downtown Core, during the month of December be approved. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the communication be approved. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the actions taken in the Community Services meeting, on November 20th, 2006 be approved. Alderman loannoni declared a conflict on Radar Speed Board Camera Use. Carried Unanimously 1) That the minutes of the October 30, 2006 meeting be approved. 2) REPORTS: a) That the position of Assistant Municipal Law Enforcement Officer be made a permanent full time position within the Building By -law Services b) That the parking be restricted on the west side of Oakwood Drive and on both sides of Oakwood Drive at the bend in the road as outlined in report MW-2006-121. c) That Embassy Suites enter into a licencing agreement with the City of Niagara Falls with respect to the installation of a Radar Speed Board and External Camera to be placed on city right of-way on Dunn Street (near 5770 Dunn Street). Conflict: Alderman loannoni d) That the City enters into a consulting services agreement with Urban Environmental Management (UEM) at a cost of $59,700.00 plus GST for Capital Asset Accounting. e) That the request for a grant for Lundy's Lane United Church for a new entrance vestibule in the amount of $606.84 be approved. 3) NEW BUSINESS a) That staff replace the sign for Downtown at Valley Way and a larger sign for Queen Street at Victoria Avenue be installed. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo that the actions taken in the In Camera meeting, on November 20th, 2006 be approved. Alderman Kerrio declared a conflict on Hillside Place. 1. Hillside Place a. That parts 1 and 2 Reference Plan 59R -12916 be conveyed to the Regional Municipality of Niagara "Region in exchange for the Region conveying to the City Part 3 on Reference Plan 59R- 12916. b. That Part 3 on Reference Plan 59R- 12916, which is being received from the Region, be declared surplus. c. That Part 3 on Reference Plan 59R -12916 and Part 3 on Reference Plan 59R- 12916 be offered for sale, by way of direct sale, to Canadian Niagara Hotels Inc, In Trust "CNH for the appraised price of $175,000 plus payment of all costs associated with sale, including the cost of the appraisals, reference plans and all notices. d. That Notice of the proposed sale of the subject lands to CNH be given in the Niagara Falls Review in accordance with By -law No. 2003 -02, subject to the approval of the new Council. 2. Property Montrose McLeod Road Staff to proceed to negotiate an Agreement of Purchase and Sale with Villarboit for the 5.5 acres of "buffer" lands at $225,000 per acre subject to terms and conditions satisfactory to the City Solicitor with the sale to be publicly advertised, subject to the approval of the new Council and as per the City's Sale of Lands by -law. 3. Space Needs 4 NOVEMBER 20, 2006 COUNCIL MINUTES Carried Unanimously That staff negotiate a three year lease for space in the Acres House to satisfy space needs as a short term solution. 4. Glenview Park That staff report back on the status of the conveyance of Glenview Park. REPORTS 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F 2006 53 Major Receivable Quarterly Report. It is recommended for the information of Council. 5 NOVEMBER 20, 2006 COUNCIL MINUTES F- 2006 -54 2007 General Insurance Report. It is recommended that Council approve the 2007 Comprehensive Insurance Program from Frank Cowan Co. Ltd. at an annual premium of $862,159 (2006 $825,205) plus applicable taxes. F- 2006 -56 2007 Reimbursable Mileage Two -Tier Rates. It is recommended that effective January 1, 2007, the reimbursable mileage rate payable to City employees who use their personal automobiles on City business, be established at $0.50 per kilometre for the first 5,000 kilometres driven and $0.44 per km for all kilometres above 5,000. F- 2006 -57 Municipal Accounts. It is recommended that City Council approve the municipal accounts totaling $25,974,363.01 for the period October 4, 2006 to November 7, 2006. F- 2006 -58 Interest on Water Deposits. It is recommended that the decision to pay water account holders an annual interest benefit on the security deposit held as a condition of their account standing, be referred to the 2007 Utility Budget. IS- 2006 -02- Google Inc. Transit Data Agreement. It is recommended that the City of Niagara Falls enter into an Agreement with Google Inc. to submit Niagara Falls Transit Data for Google's on -line interactive Application for Internet viewing of Niagara Falls Transit Routes and Schedules; and That the Mayor and Clerk be authorized to sign the agreement by having a delegate indicate electronic acceptance over the Internet. IS- 2006 -03 Cogeco Cable Inc. Internet Viewing of Council Meetings Agreement. It is recommended that the City of Niagara Falls enter into an Agreement with Cogeco Cable Inc. to allow the City of Niagara Falls to make digitally captured Council Meetings available for Internet viewing on the YourNiagara.ca Community Portal; and That the Mayor and Clerk be authorized to sign the agreement. PD- 2006 -90 Request for Removal of Part Lot Control Block 111, Registered Plan 59M -92, Calaguiro Estates, Applicant: Kybala Ventures Inc. It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate Block 111, Registered Plan 59M -92, as exempt from Part Lot Control; and That the applicant be required to notify the City when the separate deeds have been registered. PD- 2006 -94 CMHC Workshop Ontario Economic Outlook and Niagara Region Housing Market. It is recommended for the information of Council. PD- 2006 -96 Recommendation Report, Draft Plan of Vacant Land Condominium 26CD -11- 2006 -02, Block 276, Rock Spring Gardens, Block 276, Deerfield Estates Subdivision Kalar Road (West Side) c@ Forestview Boulevard /Desanka Avenue, Owner: Pinewood Homes (Niagara) Ltd. (Offer of Purchase Sale). It is recommended that the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix; That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; That the draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; and That the Mayor and City Clerk be authorized to execute the condominium agreement and any other required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the reports on the consent agenda be approved as recommended. Carried Unanimously F- 2006 -55 Deferral of Property Taxes for Low Income Seniors and Low Income Disabled Homeowners. It is recommended for the information of Council. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that F- 2006 -55 be received and filed and a further report on tax breaks for Seniors be brought back to Council. Carried Unanimously 2006 -205 2006 -207 2006 -208 6 NOVEMBER 20, 2006 COUNCIL MINUTES BY -LAWS ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni that the by -laws be given a first reading. Carried Unanimously A by -law to amend By -law 395, 1966, By -law No. 79 -200 and By -law No. 96- 242, to permit the development of a residential plan of subdivision on the west side of Sodom Road, north side of Willick Road, and the southeast of Lyon's Parkway and Lyon's Creek Road. 2006 -206 A by -law to designate Block 111, Registered Plan 59M -92, not be subject to part -lot control. A by -law to authorize the execution of an Agreement with Canadian Pacific Railway and Studio V Architecture, PLLC, respecting the retention of services by Studio V Architecture, PLLC, for the integration of the former CP Railway Bridge into the Niagara Falls Downtown Strategic Implementation Plan. 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. 2006 -209 A by -law to establish Parts 1 and 11 on Reference Plan 59R -13223 as a public highway, to be known as and to form part of Victoria Avenue. 2006 -210 A by -law to amend By -law No. 395, 1966, to temporarily permit a machine shop operation on a parcel of land zoned Rural. 2006 -211 A by-law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Parking Prohibited, Through Highways) 2006 -212 A by -law to amend By -law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2006 -213 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). 2006 -214 The Mayor and Treasurer are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario {the "Ministry and The City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program as in Schedule "A" attached hereto. 2006 -215 A by -law to authorize the payment of $25,974,363.01 for General Purposes; 2006 -216 A by -law to authorize the execution of an Agreement with Google Inc. respecting data from public transportation agencies. 2006 -217 A by -law to amend By -law No. 79 -200, to allow an existing building to be used as a retail store and one dwelling unit. 2006 -218 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20 day of November, 2006. ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio that the by -laws be read a second and third time and passed. Carried Unanimously NEW BUSINESS Bill 140: Proposed Long Term Care Homes Act Alderman Morocco informed Council of a letter she received from Bella Senior Home regarding the proposed legislation that will provide licensing standards, strengthened enforcement and accountability for long term care homes. ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio to have MPP Kim Craitor address Council with regards to Bill 140 and the affects it will have on Senior Homes in Niagara. Carried Unanimously Sleep Cheap Update Alderman Diodati update on Sleep Cheap fundraiser starts Monday and goes until Thursday. There are still five hotels with space available. Dust and Construction Clean Up Alderman Pietrangelo proposed that staff look into offering a new service: clean up to homeowners after construction activities. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni to have Municipal Works staff look at offering clean up to home owners in areas of construction. Farewells Alderman Volpatti, Alderman Campbell and Alderman Morocco expressed thanks to friends, family and staff during the years the served on Council. ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio that the meeting be adjourned at 7:40 p.m. Carried Unanimously 7 NOVEMBER 20, 2006 COUNCIL MINUTES DEAN IORFI A, CITY CLERK R.T. (TED) SALCI, MAYOR Carried Unanimously