2007/11/12TWENTY- FOURTH MEETING
REGULAR COUNCIL MEETING
Council Chambers
November 12, 2007
Council met on Monday, November 12, 2007 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, except Councillor loannoni
were present. Councillor Kerrio offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo
that the minutes of October 29, 2007 be approved.
Carried Unanimously
Following the Opening Prayer, sisters Ann Marie Maloney, a teacher with the
Niagara Catholic District School Board and Antoinette Lambert, a teacher at St. Paul High
School sang the national anthem.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest.
DEPUTATIONS /PRESENTATIONS
Business Recognition Awards
Mayor Salci recognized the following businesses in Niagara Falls celebrating their
many years of service to the community.
20 Anniversary for Edscha of Canada in attendance to accept the award was Marcelo
Grusso, Plant Manager.
25 Anniversary Old Country Woodworking, Joe Montgomery accepted the award
25 Anniversary Brunner Manufacturing, Peter Brunner, President accepted the award
25 Anniversary Applied Strobe Technology, Al Desroches, President/Owner accepted
the award
50 Anniversary OXY Vinyls, Don Davidson, Plant Manager accepted the award
50 Anniversary Niagara Protective Coatings, Owners, Dean Karachi, President, and Mrs.
Nimet Karachi accepted the award
100 Anniversary Bissell Ltd., Bill Calisina, Vice President accepted the award
Green Municipal Fund
Peter Papp, Executive Director of Opportunities Niagara, provided an update
regarding the joint submission by the Region and it's participating municipal partners for
funding under the Federation of Canadian Municipalities (FCM) Green Municipal Fund
Transportation Project for an Inter municipal Transit system. Mr. Papp outlined that an
external transportation consult, Paradigm, had been hired and the City of Welland has
provided administration support. A final report will be submitted to the Regional Council
and 12 Municipalities by the end of the month and a breakfast meeting is scheduled for
December 7th.
RESOLUTIONS
2 November 12, 2007
Council Minutes
NO. 29 THOMSON DIODATI be it resolved that the Council of the Corporation of the City
of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act,
R.S.O. 1990, that the change to the proposed Official Plan and Zoning By -Law for
application numbers AM- 38/2006 regarding Thundering Waters Village is minor in nature
and does not require any further notice.
Recommendation
PLANNING MATTERS
PD- 2007 -92- Chief Administrative Officer -AM- 38/2006, Zoning By -law Amendment
Application, Thundering Waters Village Residential Development, Drummond Road
East Side) /6000 Marineland Parkway. Owner: Fallsview Golf Inc. Mario D'Uva),
Modifications to Council Approval Resolution
1. That Council pass the amending by -law (and approve Official Plan Amendment No.
77) on tonight's agenda to provide site specific R1 D, R3 and R5F residential zoning
on the land with a "Holding" (H) provision to address industrial compatibility
requirements and also the EPA zone for Block A and conservation easement land
within the development.
2. That Council determine by resolution that the changes outlined in this report and
contained in the by -law are minor and do not require further public notice.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that the report be approved as recommended. Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENT
Mayor Salci outlined recent events: the City's annual volunteer recognition evening,
which took place at Club Italia, the annual "Take Your Kids to Work Day" and the annual
Remembrance Day Service, which was held at the Niagara Falls Memorial Arena.
Mayor Salci advised of some upcoming events: The 4 -Pad Arena complex project
open house at the MacBain Community Centre, the Niagara Falls Santa Claus Parade,
the dedication of the renovation of the Lighthouse Church of God on Sodom Road, the
Ontario Secondary School business plan awards and the 20 Anniversary of the Niagara
Men's Chorus and performance St. Andrews United Church.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. New Years Eve 2007 request for use of pyrotechnic fireworks display at the
Skylon Tower for this New Years Eve 2007.
RECOMMENDATION: For the approval of Council
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the communication be approved. Carried Unanimously
2. Juvenile Diabetes Research Foundation request to proclaim November 14,
2007 as World Diabetes Day.
RECOMMENDATION: For the approval of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that the recommendation be approved. Carried Unanimously
3 November 12, 2007
REPORTS
Council Minutes
RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the recommendations from the Community Services Committee be approved as
recommended. Carried Unanimously
1) The minutes of the October 15, 2007 meeting be approved.
2) PD- 2007 -91, Application for a Commercial Building Grant within the Historic
Drummond CIP, 5655 Ferry Street (Estate of Samuel Cupolo), Alan Cupolo
That Council approve the application for a Commercial Building Grant in the amount
of $6,500 to replace the roof of an existing commercial building subject to meeting
the program requirements, including the entering into an agreement with the City
and removing the billboard sign from the roof of the commercial building.
That the Mayor and Clerk be authorized to execute the grant agreement for the
building improvement.
3) MW- 2007 -89, Warren Creek Watershed Plan Implementation, Municipal Class
Environmental Assessment Final Report and Recommendations
That the Environmental Study Report, for the Warren Creek Watershed
Implementation Municipal Class Environmental Assessment (EA), be received and
approved and;
That staff be directed to file the Environmental Study Report and advertise the
Notice of Study completion with the implementation of the capital works in
accordance with the requirements of the EA process.
4) TS- 2007 -09 Cherrywood Road at Doreen Drive, Elmwood Avenue and Maplewood
Avenue Intersection Control Review
That a stop sign be installed facing southbound motorists on Elmwood Avenue at
Cherrywood Road, and;
That a stop sign be installed facing southbound motorists on Maplewood Avenue
at Cherrywood Road, and;
That a stop sign be installed facing northbound motorists on Doreen Drive at
Cherrywood Road.
5) TS- 2007 -10St. Paul Avenue at Church's Lane Riall Street, Intersection Control
Review
That this report be received for the information of the Committee and that staff
continue to monitor the situation.
4
November 12, 2007
Council Minutes
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.
CD- 2007 -17 Appointment of Closed Meeting Investigator It is recommended that
Council approve the municipality enrolling in the LAS Local Authority Services Ltd.)
Investigator program; and that staff prepare an appointment by -law; and that the Mayor
and Clerk be authorized to execute the services agreement between the Corporation of the
City of Niagara falls and LAS.
F- 2007 -41 Municipal Accounts It is recommended that Council approve the municipal
accounts totaling 22,333,143.66 for the period October 3, 2007 to October 23, 2007.
HR- 2007 -08 Appointing a designated "Agent" re: Ontario Municipal Retirement
System (OMERS). It is recommended that Council approve the by -law, listed under the
by -law section of the agenda, appointing the Director of Human Resources as the City's
agent for the Employee pension plan.
MW- 2007 -125 Tender T19 -2007 New Equipment Purchase. It is recommended that the
tender for the purchase of One (1) Latest Model 4 -Wheel Drive Articulated Rubber Tire
Diesel Powered Tractor complete with Accessories Attachment be awarded to Trackless
Vehicles Ltd., Courtland, ON in the amount of 121,421.40.
MW- 2007 -126 Deerfield Estates Subdivision Payments for Servicing Oversizing
No. 2 It is recommended that the sum of 230,002.74 plus GST be transferred from the
Development Charges Reserve Fund and paid to River Realty Development (1976)
Incorporated, in accordance with the Subdivision Agreement for the City's cost- share of
services.
MW- 2007 -127 Order to Connect to Sanitary Sewer System, 5499 Kalar Road Royal
Auto Parts Recycling It is recommended that the City Council authorize the owners of the
property at 5499 Kalar Road Royal Auto Parts Recycling) to connect to the existing
sanitary sewer on Kalar Road and further that the Urban Service Area By -Law be amended
to reflect the inclusion of this property within the current boundary.
MW- 2007 -128 Transfer of Ownership Local Pumping Stations, Neighbourhood of
St. David's /Calaguiro Estates Mewburn Road It is recommended the City Council
authorize the Transfer of 1) Part 1, Plan 59R- 10737; and 2) Part 4, Plan 59R- 11579; and
3) Part 1, Plan 59R -6283, to the Region of Niagara and that staff be directed to prepare
and execute appropriate documentation.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
PROPERTY MATTERS
L- 2007 -51 Chief Administrative Officer Declare Surplus, Lands adjacent to
MacBain Community Centre File No. 2007 -355) It is recommended that a portion of
Part Township Lot 163 Stamford; Part Township Lot 170 lying east of Montrose Road,
except Part 4 on RD -91 and Part 1 on 59R -830, in the City of Niagara Falls "subject
lands being approximately 4 acres, be declared surplus.
There was no one in the gallery who indicated an interest in the matter.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the report be approved as recommended. Carried Unanimously
2007 -222
2007 -223
2007 -224
2007 -225
2007 -226
2007 -227
2007 -228
2007 -229
2007 -230
5 November 12, 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.
A by -law to declare a portion of Part Township Lot 163 Stamford; Part
Township Lot 170 lying east of Montrose Road except Part 4 on RD -91
and Part 1 on 59R -830, in the City of Niagara Falls, surplus
A by -law to authorize the execution of an Agreement with Pathway Tours
respecting the use of the Niagara Falls Memorial Arena for concert
productions
A by -law to authorize the execution of an Agreement with Nicholas A.
Nero, carrying on business as Festival of Lights Cheerleading
Championship, respecting the use of the Niagara Falls Memorial Arena for
a cheerleading competition
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
A by -law to authorize the execution of an Agreement with The Board of
Management of the Fallsview Business Improvement Area, respecting its
contribution to the funding of the Niagara Convention and Civic Centre
A by -law to authorize the execution of an Agreement with The Board of
Management of the Victoria Centre Business Improvement Area,
respecting its contribution to the funding of the Niagara Convention and
Civic Centre
A by -law to authorize the execution of an Assignment with Niagara
Convention and Civic Centre Inc., respecting the assignment of the Option
Agreement between The Monastery of Mount Carmel and Niagara
Convention and Civic Centre Inc
A by -law to authorize the execution of an Assignment with Niagara
Convention and Civic Centre Inc., respecting the assignment of the Option
Agreement between 1149948 Ontario Limited and Niagara Convention
and Civic Centre Inc
A by -law to amend By -law Nos. 79 -200 and 395, 1966, to put the property
under By -law No. 79 -200 and provide regulations for the expansion of the
parking lot associated with the restaurant on the property (AM- 15/2007)
6 November 12, 2007
Council Minutes
2007 -231 A by -law to provide for the approval of Amendment No. 75 to the City of
Niagara Falls Official Plan (AM- 15/2007)
2007 -232 A by -law to amend By -law No. 79 -200, to add a health centre as a
permitted use on the property and to recognize previously approved minor
variances (AM- 17/2007)
2007 -233 A by -law to amend By -law No. 79 -200, to allow uses permitted by the R3
zone subject to site specific regulations.(AM 22/2007)
2007 -234 A by -law to amend By -law No. 79 -200, to permit the residential use of land
north of Lundy's Lane, west of Beaverdams Road and south of Spring
Blossom Drive (AM- 25/2007)
2007 -235 A by -law to provide for the approval of Amendment No. 77 to the City of
Niagara Falls Official Plan (AM- 38/2006)
2007 -236 A by -law to amend By -law No. 79 -200, to permit a residential
condominium development within an existing golf course on the eastside
of Drummond Road, south of McLeod Road and southwest of Marineland
Parkway (AM- 38/2006)
2007 -237
A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Parking Prohibited, Stopping Prohibited) (Main
Street)
2007 -238 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) (Belfast Avenue)
2007 -239 A bylaw appointing the City's agent for the employee pension plan
2007 -240 A by -law to authorize the payment of $22,333,143.66 for General
Purposes
2007 -241 A by -law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 12 day of November, 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
Sleep Cheap
City of Mississauga
NEW BUSINESS
Alderman Diodati provided a brief update on this year's Sleep Cheap, Charities
Reap fundraiser. He advised that there are 25 hotels participating with over 6000 rooms
being rented out. A special thank you to the hoteliers for their participation.
ORDERED on the motion of Councillor Diodati, seconded by Councillor Wing that
the following resolution be sent to the Federation of Canadian Municipalities, Finance
Minister Jim Flaherty, Rob Nicholson, M.P., City of Mississauga, Niagara Regional
Government, Municipalities within Regional Niagara:
WHEREAS Municipalities only receive 8 cents for every tax dollar collected in Canada; and
WHEREAS the Province collects 42 cents and the Federal Government collects 50 cents
for every tax dollar; and
7 November 12, 2007
Council Minutes
WHEREAS the Federal Government experiences consistent high budget surpluses and
is the level of government most capable of delivering relief; and
WHEREAS decaying municipal infrastructure, such as public transit, bridges, water and
sewer lines, roads, and buildings require as much as $100 billion to repair for Canada's
municipalities.
THEREFORE BE IT RESOLVED that the Federal Government do the right thing and share
much needed surplus tax dollars with Canada's Municipalities to preserve infrastructure
and the quality of life for it's citizens.
Carried Unanimously
Solid Waste Disposal
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that staff prepare a report on Solid Waste Disposal options.
Carried Unanimously
Downtown Revitalization
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that staff investigate the possibility of the National Portrait Museum coming to downtown
Niagara Falls. Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the meeting be adjourned at 8:15 p.m.
Carried Unanimously
PlA
DEAN 10, IDA, CITY CLERK
R.T. (TED) SALCI, MAYOR