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2007/03/05Council met on Monday, March 5, 2007 at 5:30 p.m. in an In Camera Session. All members of Council were present. Councillor Kerrio presided as Chairman, except on items in which he had a conflict and Councillor loannoni assumed the Chair. Following consideration of the items presented, the In Camera Session did arise in open session. FIFTH MEETING IN CAMERA MEETING DEAN IORFI A, CITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council Chambers March 5, 2007 Council met on Monday, March 5, 2007 at 7:00 p.m. for the purpose of considering Regulars Business matters. All members of Council were present. Councillor Kerrio offered the Opening Prayer. ADOPTION OF MINUTES Committee Room 2 March 5, 2007 ORDERED on the motion of Councillor Fisher seconded by Councillor Kerrio that the minutes of February 19, 2007 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a conflict on report MW- 2007 -22, as he is a member of Club Italia. Councillor Kerrio also indicated a conflict on an In Camera issues. Councillor Pietrangelo indicated a conflict on report MW- 2007 -22, as he is a member of Club Italia. Councillor Diodati indicated a conflict on report MW- 2007 -22, as he is a member of Club Italia. Councillor loannoni indicated a conflict to report MW- 2007 -22, as her husband is a member of Club Italia. 2 March 5, 2007 Council Minutes Councillor Wing indicated a pecuniary interest on cheque 308513 payable to the Niagara Parks Commission and cheque 308727 payable to herself. Councillor Wing indicated a conflict of interest ono By -law 2007 -46, authorizing the execution of a transfer /deed with the Niagara Parks Commission, as her spouse is employed by the Niagara Parks Commission. Italia. Mayor Salci indicated a conflict ono report MW- 2007 -22, as he is a member of Club BACKGROUND PUBLIC MEETING PLANNING MATTERS PD- 2007 -12- Chief Administrative Officer Official Plan Zoning By -law Amendment AM- 44/2006, Located North of Thorold Stone Road, West of Taylor Road, South of Former Mountain Road and East of Thorold Townline Road (Part of Lots 31, 49, 50 and 66), Applicant: Walker Brothers Quarries Limited, Agent: T. Smart, BLS Planning Associates. Walker Brothers Quarries has requested amendments to the City's Official Plan and Zoning Bylaw to permit the conversion of a depleted quarry site to a private landfill operation. Subject site is 85.68 ha in size and is located south of the Walker's existing landfill site which has been in operation since 1982 and is expected to reach capacity within the next 3 years. It is proposed that the South Quarry be used as a landfill site to accommodate waste disposal over a 20 -25 year period beginning in 2009. This landfill would accommodate 750,000 tonnes of solid, non hazardous industrial, commercial and institutional waste per year from within Ontario. An additional 100,000 tonnes of solid waste per year is to be reserved for the Region of Niagara for emergency /contingency waste residuals. PROVINCIAL POLICY GROWTH PLAN COMPLIANCE The need for the proposed landfill has been demonstrated through an extensive Environmental Assessment study process. The site will ultimately be rehabilitated to an agricultural end use. OFFICIAL PLAN Suitability of the Site: Utilizes land which has already been disturbed by a quarry operation Is located adjacent to an existing landfill site and other waste related functions Is located near major travel routes such as Highway 58 and the QEW Compatibility with Surrounding Land Uses: compatible with adjacent land uses Lands to the east and south are a mix of agricultural and rural residential properties. Potential impacts from the proposed use will be dealt with by: wet vacuum sweeping of roads to reduce dust, more efficient gas collection system to reduce odours and the berming and planting on and off site at points suggested by the local residents and agencies. Impacts on the transportation system, community facilities and the natural environment have been addressed through EA process mitigation measures and management plans will be implemented to reduce those impacts. Financial Implications Walker's community compensation program will be available for property owners within 500 m of the land fill, to offset any residual nuisance impacts. A Host Community Compensation Program would provide 75 cents /tonne up to $560,000 /yr ($14 million over 20 yrs) for the City. Positive impacts for local business include: decrease in waste transfer costs, support for the compost and drop off facility; and provide the opportunity to use landfill gas as an energy source. OP amendment will cap amount of waste in landfill and establish a time frame for the landfill operation. address the agricultural end use and reflect request by NEC to recognize the permanent landscaped area through the final end use. ZONING Current zoning Extractive Industrial Zoning will be amended to permit the proposed landfill operation. CONCLUSION RECOMMENDATION 3 March 5, 2007 Council Minutes The proposed landfill has been the subject of detailed scrutiny under the EA process which included lengthy public/agency consultation. Based on the studies undertaken and the involvement of Planning Works staffin the EA review, an amendment to the Official Plan and Zoning Bylaw can be supported. The City acknowledges the efforts of Walker Brothers Quarries Limited to accommodate the concerns of the community both during the EA process and through the ongoing work of the Environmental Assessment Committee. Council approve the application to amend the Official Plan and Zoning Bylaw for the lands located north of Thorold Stone Rd., West of Taylor Rd., South of former Mountain Rd. and East of Thorold Townline Rd., to permit a private landfill for non hazardous solid waste. This report be forwarded to the Regional Municipality of Niagara as the City's comments on the Regional Policy Plan Amendment No. 1 -2007. Jean Grandoni of 4810 Garner Road, Niagara Falls, was present at the meeting. Ms. Grandoni expressed to Council her opposition to the amendment. She felt that because the use of the landfill site was two years away, there was time to look at alternatives. Ms. Grandoni also objected to Walker Brothers paying nearby residents for the nuisance of being near the landfill. John Fisher was present for Walker Brothers Quarries Limited. He thanked staff for their involvement and assistance during the lengthy public consultation process. He pointed out that the Host Community Compensation Program had already been negotiated in good faith with the City. In response to questions, he pointed out that various environmental concerns are raised whenever a landfill application occurs, however, the Ministry of the Environment gave approval in November 2006. Mr. Fisher indicated that the Niagara Escarpment Commission has been a commenting agency and involved in the process since 2002. He outlined the monitoring costs incurred by the company, the diversion/ recycling efforts undertaken, the company's community involvement, the fact that two thirds of their waste already comes from outside the Region, that their site is primarily for industrial, commercial and institutional waste and how essential their operation is to the infrastructure of industry throughout the Region. The public meeting was closed. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the report be deferred so staff could investigate amending the terms of the Host Community Compensation program. Carried with Councillor Kerrio opposed. 4 PD- 2007 -13 Chief Administrative Officer Zoning By -law Amendment AM-43/2006, 9268 Lundy's Lane, Applicant: Kenneth Moore, Agent: Chris Cristelli, Proposed Cottage Rental Dwelling. It is recommended that (1) Council approve the Zoning By -law amendment application to permit the existing dwelling on the land to be used for a cottage rental dwelling with no more that four (4) bedrooms; and (2) that prior to the amending by- law being passed, the Region of Niagara Public Health Department requirements with respect to the private sewage services be satisfied with respect to the use and occupancy. The applicant Ken Moore has requested the application be deferred. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni to accept the request for deferral. Carried Unanimously MISCELLANEOUS PLANNING MATTERS March 5, 2007 Council Minutes PD-2007-06 Chief Administrative Officer Proposed Implementation Strategy for the Historic Drummondville Community Improvement Plan. It is recommended that Council receive this report and refer the proposed implementation strategy and corresponding budget allocations to the City's 2007 budget deliberations. ORDERED on the motion of Councillor Wing, seconded by Councillor.Diodati that the report be approved as recommended. Carried Unanimously PD- 2007 -15 Chief Administrative Officer 26CD -11- 2006 -03, Draft Plan of Vacant Land Condominium Delphina Gardens, Lot 3 and Rear of Lots 1, 2, 4 5, Plan 205, 6753 O'Neil Street (North Side), East of Dorchester Road, Owner: Wedgewood Builders of Niagara Limited. It is recommended that (1) The Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix.; (2) 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; (3) Draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and (4) The Mayor and City Clerk be authorized to execute the condominium 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. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously PD- 2007 -16 Chief Administrative Officer 26CD -11- 2006 -04, Draft Plan of Vacant Land Condominium West Meadow Phase II, Block 221, Registered Plan 59M -129 Montrose Road (West Side), North of Alpine Owner: Wedgewood Builders of Niagara Limited. It is recommended that (1) The Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix; (2) 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; (3) 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; and (4) The Mayor and City Clerk be authorized to execute the condominium 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. ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously 5 March 5, 2007 Council Minutes CLEAN YARD BY -LAW BBS- 2007 -05 Chief Administrative Officer The "Clean Yard By -law", a By -law to Regulate the Maintaining of Land in a Clean and Clear Condition. It is recommended that Council approve the proposed "Clean Yard By -law as listed under the by -law section of this evening's agenda, and the recommended set fines, as attached to this report. Sylvia Terriaca of 6639 Stamford Green Drive was present in favour of the recommendation. She outlined the difficulties she has had over the years with a neighbour parking vehicles, plated and unplated, in various states of disrepair on his property. Regional Councillor Bill Smeaton supported the by -law and suggested that the City test the by -law in the courts as soon as possible to see what needs modification. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the email from Mrs. Arenburg be referred to staff to investigate how to deal with rural areas under three acres under the by -law. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that Report MW- 2007 -22 from the Consent Agenda be moved forward. Carried Unanimously Councillor Wing assumed the Chair. Councillors Diodati, Pietrangelo, Kerrio, loannoni and Mayor Salci left the room 8:20. MW- 2007 -22 Northwest Sanitary Servicing Project Proposed Agreement Club Italia (Lodge No. 5) Niagara, Order of Sons of Italy it is recommended that staff be directed to enter into negotiations and prepare a draft agreement outlining the terms and conditions that will provide for the financing of Phase 1 of the Northwest Sanitary Service Area Project (West Sewer system). Jean Grandoni of 4810 Garner Road, expressed the opinion that there is no health problem to justify the extension of urban services outside of the urban boundary. She felt that past approvals were based on what if scenarios. Ms. Grandoni was of the belief that problems in the Shriner's Creek. Italia Gilberti, for Club Italia, outlined the Region's approval for extension of municipal services. The Director of Municipal Works outlined the Health Department report from 2001 recommending the extension of services. He pointed out that Ms. Grandoni's "bump up" request to the Ministry of Environment was rejected and that Club Italia is paying for the pumping station. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously Councillors Diodati, Pietrangelo, Kerrio, loannoni and Mayor Salci returned at 8:55. 6 March 5, 2007 Council Minutes MAYOR'S REPORTS. ANNOUNCEMENT Mayor Salci announced the State of the City address. Mayor Salci indicated that he would be meeting with the Honourable John Gerretsen, Ministry of Municipal Affairs and Housing during the week. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Downtown Board of Management Request to approve the election of officers to the Downtown Board of Management RECOMMENDATION: For the approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the communication be deferred until the Downtown Board of Management can clarify the qualifications of the proposed officers and issues surrounding the recent Board elections. 1 b. Downtown Board of Management Request to waive fees associated with road closure for the Candlelight Stroll held in December. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the request be denied. Carried with Councillor Diodati opposed. 2. A.N. Myer's 50 Reunion Celebration Request to Proclaim the week April 23 to April 29, 2007 as A.N. Myer Week. RECOMMENDATION: For the Approval of Council Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Maves that the communication be approved. Carried Unanimously 3. The Fresh Air Fund Request to Proclaim March 20, 2007 as "Fresh Air Fund Day in Niagara Falls RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor loannoni that the communication be approved. Carried Unanimously 4. Niagara Falls Hydro Board of Directors Resolution requesting approval of the Board of Directors to allow for the Council appointments to Hydro. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the resolution be approved. Carried Unanimously APPOINTMENT MATTERS CD- 2007 -06 Chief Administrative Officer Appointments to the Niagara District Airport. It is recommended that Council vote for two (2) citizen appointees to the Niagara District Airport Commission, giving due consideration for J. Gus Koroneos and Ruedi Suter, as recommended by the Niagara Falls representatives fo the Airport Liaison Committee. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the Niagara District Airport Commission be asked if an alternate could be elected. Carried with Councillor Thomson and Councillor Fisher opposed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that Ruedi Suter and Ernie Amadio be elected to the Niagara District Airport Commission. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that a report be brought back to Council on the benefits of the Niagara District Airport and the opportunities to make it a regional facility. Carried Unanimously REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Diodati that the recommendations from the Corporate Services Committee, on March 5, 2007 be approved. Carried Unanimously Councillor loannoni declared a conflict to the item #3, as her husband works in the department. 1. That the minutes of the February 19' meeting be adopted as recorded. 2. That Staff be directed to investigate the following changes to the water billing process: a) Commencing in 2007, interest to be paid on tenant water deposits; b) The supply of water for a tenanted water account may be shut off when the tenant fails to provide or continue to provide the required deposit in full; c) The supply of water to a property with a tenanted water account will be immediately shut off when the tenant vacates, unless the owner has supplied written direction prior to the shut off for the continuation of the account in the owner's name. The cost of the shut off will be the responsibility of the property owner. The supply of water to a property will be turned on when a new account is established by a new tenant or the property owner and the new account holder has provided the appropriate re- connection fees and deposits. d) That the Finance Division host an open house to inform landlords and tenants of the proposed changes. 3. a) That the 2007 Municipal Utility Budget be approved and b) That staff report back on the validity of the suggestions for alternative water and sewer rates as provided by Mr. Bielawski. 4. That Committee provide a letter of support to the Region and the School Board on behalf of Mr. Papavasiliou for the return of the overpayment of property taxes due to an incorrect assessment. RATIFICATION OF "IN CAMERA" ACTIONS 7 March 5, 2007 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the recommendations from the In Camera meeting, on March 5, 2007 be approved. Carried Unanimously with Councillor Kerrio declaring a conflict on item number one. 1. That Part 2 on Reference Plan 59R -9107 "subject lands be declared surplus, and offered for sale, by way of direct sale, to the abutting owner, 1251600 Ontario Limited, for the appraised price of $30,000.00, and further that the abutting owner pay for all costs associated with the sale. 8 March 5, 2007 Council Minutes 2. That Staff be directed to proceed to negotiate and accept an Offer for the Sale of Property to WPW Leasing Corporation in the Montrose Industrial Park at a price of $50,000 per acre plus GST, such other terms and conditions to be satisfactory to the City Solicitor. 3. That Council authorize the Mayor Clerk to execute a confidentiality agreement with the owners of 4342 Queen Street. BDD- 2007 -01 Downtown Revitalization Update Strategy Corp For the Information of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the report be received for information and that no action be taken with regard to the sale of any City owned properties downtown with Historical Niagara at this time Carried with Councillor Diodati opposed. 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- 2007 -08 Municipal Accounts It is recommended that Council approve the municipal accounts totaling $8,660,538.36 for the period January 24, 2007 to February 20, 2007. R- 2007 -04 Tender TR-04 -2007 For the Landscape Development of the MacBain Community Centre Park (Phase 1) It is recommended that (1) Tender #TR04 -2007 be awarded to Draftcon Calamar Corporation for the tendered price of $599,829.00 excluding GST: R- 2007 -05 Contract for the Supply Installation of Commercial Playspace Equipment and Rubberized Surfacing at the MacBain Community Centre Park (Phase 1) It is recommended that the proposal from Little Tykes Commercial Playsystems, for the supply and installation of Commercial Playspace Equipment and Rubberized Surfacing, at the MacBain Community Center Park (Phase 1), in the amount of $150000:00 excluding GST, be approved. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the reports be approved. Carried Unanimously RESOLUTIONS NO. 4 Thomson Mayes that the appropriate staff person be authorized to submit a financial request to the Department of Canadian heritage in relation to the "Celebrate Canada!" program for organizing activities to celebrate Canada Day. Carried Unanimously NO. 5 Pietrangelo Maves that Council of the Corporation of the City of Niagara Falls conforms that no further public meetings are required regarding proposed amendments to its' Development Charges By -law. Carried Unanimously 9 March 5, 2007 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously. 2007 -40 A by -law to amend By -law No. 79 -200, being a by -law to recognize an existing three unit dwelling and permit the dwelling units to be used as cottage rental dwellings. 2007 -41 A by -law to regulate the maintaining of land in a clean and clear condition. 2007 -42 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) 2007 -43 A by -law to permanently close part of a highway 2007 -44 A by -law to establish Part 1 on Reference Plan 59R -13339 as a public highway, to be known as and to form part of Preakness Street 2007 -45 A by -law to provide for a local improvement work consisting of a sanitary sewer main in the City of Niagara Falls, in the Regional Municipality of Niagara 2007 -46 A by -law to authorize the execution of a Transfer /Deed with The Niagara Parks Commission respecting the transfer of lands being Part 8 on Reference Plan 59R -4460; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2007 -47 A by -law to establish Block 47 on Plan 59M -340 as a public highway, to be known as and to form part of Parkside Road. 2007 -48 A by -law to amend By -law No. 2004 -138, to exempt designated forms of development to be located within the City's Community Improvement Plan Areas from some or all of the City of Niagara Falls Development Charge 2007 -49 Being a by -law to provide for Council member appointments to certain Boards, Commissions and Committees 2007 -50 Being a by -law to provide for appointments to certain Boards, Commissions and Committees 2007 -51 A by -law to amend By -law No. 79 -200, to limit the use of the land to a place of worship and one accessory dwelling unit 2007 -52 A by -law to establish Part 1 on Reference Plan 59R -13330 as a public highway, to be known as and to form part of Parkside Road 2007 -53 A By -law to amend By -law No. 2005 -60, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates 2007 -54 A by -law to authorize the execution of an Agreement with the Canadian National Railway Company and The Regional Municipality of Niagara respecting an Agreement with the Canadian National Railway Company to construct a sidewalk at grade across the right -of -way and track of the Canadian National Railway Company. 2007 -55 A by -law to authorize the execution of an Agreement with Cogeco Cable Canada Inc. respecting the usage of the recordings created by Cogeco Cable Canada Inc. for the purposes of webcasting Council Meeting coverage -10 March 5, 2007 Council Minutes 2007 -56 A by -law to amend By -law No. 2000 -97, being a by -law to transfer the employees, assets, liabilities, rights and obligations of the Niagara Falls Hydro Electric Commission and of the Corporation of the City of Niagara Falls in respect of the generation, transmission, distribution and retailing of electricity to a corporation and its subsidiary corporations to be incorporated under the Business Corporations Act (Ontario.) pursuant to Section 142 of the Electricity Act, 1998 (Ontario), and to authorize the execution of the City of Niagara Falls Shareholder Declaration concerning Niagara Falls Hydro Holding Corporation 2007 -57 A by -law to authorize the execution of a Confidentiality Agreement with the Owners and Manager of 4342 Queen Street, Niagara Falls, Ontario, respecting the provision of confidential information to the City 2007 -58 A by -law to authorize the payment of $8,660,538.36 for General Purposes 2007 -59 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 5 day of March, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Carried Unanimously Operation Africa Senior Staff Meetings Services at GNGH NEW BUSINESS Councillor loannoni advised Council of an event Dr. Donkor is hosting at the Beacon on April 14 to raise money to build a library in his native Ghana. Potential Closing of Police Station ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Council go on record objecting to the possible closure of to the Niagara Regional Police objecting to the closing of 2 District Station on Morrison Street in Niagara Falls. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Councillors be given an opportunity to attend a Senior Staff meeting on a rotating basis. Carried Unanimously Dumping of Snow of Sidewalks Councillor Pietrangelo spoke of the dumping of snow on sidewalks. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that the Municipal Works Department create a database of snow removal contractors and that they advise them on the various related snow ploughing by -laws for next year. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that a letter be sent to the Niagara Health Services asking what their long term plans are, especially for GNGH. Carried Unanimously One Cent Now Initiative 11 March 5, 2007 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that a resolution be sent to the Federal government supporting One Cent Now Initiative undertaken by mayor David Miller of Toronto. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the meeting be adjourned at 10:00 p.m. Carried Unanimously DEAN 10 IDA, CITY CLERK R.T. (TED) SALCI, MAYOR