2009/05/04D AN IOR [DA, CITY CLERK
NINTH MEETING
IN CAMERA MEETING
Committee Room 2
May 4, 2009
Council met on Monday, May 4, 2009 at 6:45 p.m. in an In Camera Session. All
members of Council except Councillor loannoni were present. Councillor Thomson
presided as Chairman.
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
REGULAR COUNCIL MEETING
Council met on Monday, May 4, 2009 at 7:55 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
DISCLOSURES OF PECUNIARY INTEREST
DEPUTATIONS
R.T. (TED) SALCI, MAYOR
ORDERED on the motion of Councillor Fisher seconded by Councillor Kerrio that
the minutes of April 20, 2009 be approved as printed.
Carried Unanimously
Councillor Wing indicated a conflict to MW- 2009 -35 and a new business item, as
her spouse is employed with the Museum.
Councillor Mayes indicated to a conflict to communication # 4 related to the request
for a Fireworks display, as he is the City's insurer.
Niagara Peninsula Conservation Authority - Simply Tree - mendous Challenge
Regional Councillor Barbara Greenwood and John Kukalis, Director, Water
Management of the NPCA made a brief presentation to Council advising of the Niagara
Peninsula Conservation Authority's 50 th Annivers ary and the Simply Tree - mendous
Challenge being kicked off April 30 2009. The goal of the challenge is to have residents,
groups, service clubs and businesses plant 50,000 trees across the Watershed, over an
anticipated 2 year period. The challenge was extended to Niagara Falls to participate.
ORDERED on the motion of Councillor Wing, seconded by Councillor Kerrio that
Council accept the Simply Tree - mendous Challenge.
Carried Unanimously
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Council Minutes
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Salci offered condolences to the family and friends of Greg Gardiner, a
Niagara Falls Firefighter who passed away last week.
Mayor Salci advised of some recent events: Employee Recognition Night, the
groundbreaking for the Convention Centre and the Community Clean Sweep Day.
Mayor Salci advised of some upcoming events: The YWCA Women of Distinction
Awards ceremony, 100 Anniversary of the Red Cross in Canada and "Niagara Days" at
Queens Park.
Mayor Salci introduced Cpl. Justin Hamlyn who had recently returned from a tour
of duty in Afghanistan. Cpl. Hamlyn began his tour last August and the Council is pleased
to welcome him back home.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that Cpl. Justin Hamlyn accept the City of Niagara Falls flag as a keepsake and symbol of
our support and gratitude.
Carried Unanimously
Cpl. Justin Hamlyn, advised Council of his experience while on Duty in Afghanistan.
He accepted the City of Niagara Falls flag on behalf of City Council.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. National Public Works Week - That Council proclaim May 17 -23, 2009 as
"National Public Works Week" in recognition of the hard work and dedication of our
Municipal Services staff.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the request be approved.
Carried Unanimously
2. Communities in Bloom Flag Raising - Requesting an official flag rasing ceremony
of the Communities in Bloom flag.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing
that the request be approved.
Carried Unanimously
3. Elder Abuse Awareness Month - Requesting that the month of June be
proclaimed as "Elder Abuse Awareness Month" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Mayes that
the request be approved.
Carried Unanimously
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Council Minutes
4. RedBoss Pyrotechnicians Inc. - Requesting to execute two firework displays for
May 15, 2009 and July 1S 2009 at Glenview Park.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be approved subject to receiving a certificate of insurance in the form
stipulated by the City.
Carried Unanimously
5. Correspondence from the Town of Fort Erie - Request Audit of Niagara Health
System and the Hamilton Niagara Haldimand Brant Local Health Integration.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson
that the Council support the request for an audit.
Carried Unanimously
6. Second Energy Week- Request that May 17 -23, 2009 be proclaimed as " Second
Energy Week" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the actions taken in Community Services Committee, on May 4, 2009 be approved.
Carried Unanimously
1 The minutes of the April 20, 2009 meeting be approved.
2. PD- 2009 -37
Matters Arising from the Municipal Heritage Committee
5781 Highland Avenue, William Leeming House
1. That Council approve the recommendation from the Municipal Heritage
Committee to deny the request from the owners of the Leeming House to
remove the designation from the property for the reasons outlined in this
report.
2. That staff meet with the owner to investigate relocating the home to City
property, at the homeowner's expense.
3. CD- 2009 -06
5890 Main Street
1. That the City not oppose the issuance of a liquor licence for 5890 Main
Street but send a letter to the AGCO outlining Council's concerns.
2. That the request for an interim control bylaw for Historic Drummondville area
be deferred pending further information from staff.
4. That staff prepare a report on the City owned property on Dunn Street.
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RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that the recommendation from the "In Camera" meeting on May 4, 2009 be approved.
1. That Council approve the sale of the lands known as Part 1 and Part 5 on
Reference Plan 59R -11659 to Crosslink Bridge, for $725, 000 and that the Mayor
and Clerk be authorized to execute all documents required to complete this
transaction.
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.
F- 2009 -27 - Financing Lease Report. It is recommended for the information of Council.
HR- 2009 -02 - Workplace Health & Safety Contractor Safety Policy & Program. It is
recommended that Council approve the new Contractor Safety Policy Program.
BBS- 2009 -03 - Code of Conduct for Building Officials. It is recommended that Council
approve the Code of Conduct for Building Officials.
MW- 2009 -30 - Regional Road Transportation Sustainability Review. It is recommended
that the information. It is recommended that the information contained in this report be
received by City Council for information purposes.
MW- 2009 -31- Hydrant Flushing Program. It is recommended for the information of
Council.
MW- 2009 -33 - Safety Concerns at Drummond Road and CN Rail Crossing Warning
Gate Installation. It is recommended that the Mayor and City Clerk be authorized to
execute an agreement with Canadian National Railway Company in the amount of
$40,346.25 (including GST) for the City of Niagara Falls share of the installation of warning
gates at Drummond Road and CN Rail crossing ( Mile 29.871 Stamford Subdivision)
PD- 2009 -23 - CB & FIG - 2009 -22, Commercial Building & Facade Improvement
Application, Applicant: 2088937 Ontario Inc. ( John Fiedorek), 4190 Bridge Street. It
is recommended that Council approve the Commercial Building and Facade Improvement
Grant Application in the amount of $25,000, subject to meeting the program requirements
including the entering into an agreement with the City; and that the Mayor and Clerk be
authorized to sign the grant agreement.
PD- 2009 -35 - New Environmental Policies for the City's Official Plan. It is
recommended that Council receive this report for information.
PD- 2009 -36 - 26CD -11- 2008 -09, Dunn Gates Draft Plan of Condominium ( Standard)
6037Dunn Street, Northeast Corner of Dunn Street & Ralph Avenue, Owner: 1650720
Ontario Inc. o/a Dolphin Group ( Kamal Katrina). It is recommended:
1. That the Plan of Condominium be draft approved subject to the conditions in the
attached Appendix.
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2. 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 draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and granted by Council.
4. That 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.
TS- 2009 -05 - Intersection Control Review, Rideau Street at Eldorado Avenue, Rideau
Street at Belaire Avenue. It is recommended that:
1. That a stop sign be installed facing southbound motorists on Eldorado Avenue at
Rideau Street; and
2. That a stop sign be installed facing southbound motorists on Belaire Avenue at
Rideau Street.
L- 2009 -18 - Nuisance By -law. It is recommended:
1. That Council enact the by -law attached as Schedule "A" to this Report.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that
the reports on the consent agenda be approved as recommended.
Carried Unanimously
RESOLUTIONS
1. THEREFORE BE IT RESOLVED that the Boys & Girls Club project be submitted
for consideration under the Infrastructure Stimulus Fund (ISF).
2. THEREFORE BE IT RESOLVED that the Desson Avenue /Buchanan Ave /Slater
Ave Storm Separation project be submitted for consideration under the
Infrastructure Stimulus Fund (ISF).
3. THEREFORE BE IT RESOLVED that the Drummond Road reconstruction project
be submitted for consideration under the Infrastructure Stimulus Fund (ISF).
4. THEREFORE BE IT RESOLVED that the Downtown Streetscaping project be
submitted for consideration under the second intake of the Building Canada Fund
(BCF).
5. THEREFORE BE IT RESOLVED that the Minister of Municipal Affairs and Housing
be requested to have Ministry staff to work with the industry to devise a Vacancy
Rebate Program tailored to the Accommodations sector.
6. THEREFORE BE IT RESOLVED that Niagara Falls City Council supports a
submission to the Enabling Accessibility Fund to improve barrier -free accessibility
at City Hall.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the resolutions be approved.
Motion Carried
with Councillor Wing opposed to # 4
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the by -laws be given a first reading.
Carried Unanimously
2009 -71 A by -law with respect to the installation and maintenance of either a fire
safety box or a fire safety box and a lock box or existing lock box.
2009 -72 A by -law to authorize a Code of Conduct for Building Officials in the City of
Niagara Falls.
2009 -73 A by -law to address public nuisances.
2009 -74 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, Rideau Street)
2009 -75 A by -law to amend By -law No. 79 -2000 and repeal By -law No. 2008 -54, to
permit an expansion of a hotel and to permit a portion of the required parking
to be provided off -site.
2009 -76 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 4 day of May, 2009.
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
Harmonized Sales Tax
ORDERED on the motion of Councillor Wing, seconded by councillor Thomson that
Council petition the Federal and Provincial governments, HST be applied only to good and
services that are currently subject to GST & PST.
City Staff
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that Council be notified of the passing of any City staff.
Carried Unanimously
Dr. Afrukhteh Art Collection
with Councillor Wing declaring a conflict
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BY -LAWS
NEW BUSINESS
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that the Board of Museums consider the donation of the Dr. Afrukhtkeh art collection.
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the meeting be adjourned at 8:45 p.m.
Carried Unanimously
DEAN IORFI i : , CIT`S' CLERK R.T. (TED) SALCI, MAYOR