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2009/09/28SEVENTEENTH MEETING REGULAR COUNCIL MEETING Council Chambers September 28, 2009 Council met on Monday, September 28, 2009 at 7:15 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the minutes of September 14, 2009 be approved. DISCLOSURES OF PECUNIARY INTEREST Carried Unanimously Councillor Maves indicated a pecuniary interest to cheque no. 331223, made payable to Ontario Motor Coach, an event he attended and the request for an arena waiver because of the insurance aspect. Councillor loannoni indicated a pecuniary interest to cheque no. 331206, reimbursement from the AMO conference. Mayor Salci indicated a pecuniary interest to cheque numbers 330820, 330928 and 331254 made payable to himself. DEPUTATIONS /PRESENTATIONS Niagara Falls Thundercats Softball Team Mayor Salci congratulated the members of the Niagara Falls Thundercats softball team and presented the team with individual plaques. The Team: Charli Scott, Katelyn Guenther, Charley Keracker, Logan Blake, Linea Wellman, Amie Seguin, Sydney Taylor, Julia Fazio, Jenna Midgley, Schea Lynn Lacombe, Quinn Devoe, Chelsea Spiers. Coaches: Aimie Taylor, Tammy Blake and Bernie Scott Niagara Falls Minor Peewee Falcons A Baseball Team Mayor Salci congratulated the members of the Niagara Falls Minor Peewee Falcons A Baseball Team and presented them with individual plaques. The Team: Jaret Chipman, Alexander Matovic, Jordan Hiltz, Jordan Politi, Brendan Shannon, Ethan Claydon, Daniel Schmahl, Corey Sheehan, Tyler Wood, Lucas Revill, Tanner Mills, Matthew Jackson, Joe Scaringi. Coaches: John Hiltz, Bob Pysher, Darren Schmahl and John Morse Hospice /Niagara Palliative Care Valerie Williams made a brief presentation informing Council of an upcoming meeting, September 29, 2009 from 7 -9 at Victoria Avenue Library to explore the Need for Hospice /Pallative Care in the Niagara Region. The City is in need of a palliative care facility. GNGH Emergency Room ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that Dr. Dobrovolskis be permitted additional time to speak. Carried Unanimously Dr. Dobrovolskis addressed Council about the Emergency Room issues at the Greater Niagara General Hospital and advised that he has resigned his privileges, as an emergency room doctor at GNGH, as of October 1, 2009 with the Niagara Health System. He outlined the need for a stable emergency room and that this community needs a full service hospital. The doctor outlined the difference between the fee for service model versus the alternative funding model. He felt that any suggestions for improvements made by the doctors have been rejected by the NHS. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the HIP committee be restarted with a "Take a Stand Initiative" with an upset limit of $5000 for running ads in the Niagara Falls Review and that Dr. Dobrovolskis be invited to assist the committee. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that Debbie Sevenpifer, CEO of the Niagara Health System be invited to an upcoming meeting to address the issues raised by Dr. Dobrovolskis. PLANNING MATTERS PD- 2009 -71 - AM- 2009 -010, Zoning By -law Amendment Application, Schisler Road (North Side) and Willodell Road ( Eastside), Applicant: Eva Szijarto, Agent: Brian Sinclair. Prohibit Residential Use on Proposed Severance Lot. The Director of Planning review the recommendations and provided the following information. Proposed Application The applicant is proposing to change the zoning of the subject land to remove a single detached dwelling as a permitted use so as to limit the property to farm uses only. Planning Analysis History of Severance Application Decision - 2 - September 28, 2009 Council Minutes Carried Unanimously The Committee of Adjustment considered the application to separate a 5.095 ha (Part 1) containing a dwelling from the subject vacant agricultural land (Part 2) at a Public Hearing held in February 2009. The Province classifies this area as prime agricultural land where the PPS does not permit the creation of new residential lots. OP policies for the area do not permit the creation of new residential lots The Committee granted the severance, but imposed a condition that the retained parcel (Part 2) be rezoned so that no new dwelling could be constructed on the land. Zoning The subject land is currently zoned Rural, in part, and Conservation Open Space, in part. The Rural zone permits agricultural uses and a single detached dwelling on each lot. The requested zoning change is to satisfy a condition of the severance /consent application approved by the Committee of Adjustment. This will have the effect of ensuring the lands will be used for Agricultural purposes only. Conclusion The request for rezoning was made to remove a single detached dwelling as a permitted use on the subject parcel. The application can be approved for the following reasons: The rezoning will satisfy a condition of approval necessary for the creation of the parcel; and The rezoning will ensure the land is maintained for agricultural use. Recommendation That Council approve the Zoning By -law amendment application to change the Rural zoning on the subject land to remove a single detached dwelling as a permitted use, which will have the effect of prohibiting a house from being constructed. Dave Harris, 12195 Willodell Road, abutting property owner, agrees with the staff report and recommendation. Brian Sinclair, agent for the applicant, advised that it was a requirement of the Committee of Adjustment. He stated that the property will be agricultural use only. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously PD- 2009 -72 - 26CD -11- 2008 -10, Draft Plan of Condominium (Conversion), 3915 Portage Road (Westside), North of Thorold Stone Road, Owner: Mival Investments Inc. (Bill Grenier) The Director of Planning review the recommendations and provided the following information. Background Applicant proposes to convert the existing 57 unit rental apartment building to a condominium. The plan of condominium would permit the individual ownership of each unit while the common areas (such as hallways, driveways and open space) would be shared by the condominium corporation. Public Meeting - 3 - September 28, 2009 Council Minutes There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. In accordance with Council's position, staff notified all tenants in the building on September 11, 2009 that the application would be considered tonight. Vacancy Rate - 4 - September 28, 2009 Council Minutes The Official Plan discourages condominium conversion when the vacancy rate is below 3 %. The Region has a similar policy. The latest CMHC statistics record the City's overall vacancy rate at 5.2% and a vacancy rate of 3.7% in the non -core area. The Conversion would comply with City policy. Recommendation It is recommended that the Plan of Condominium be draft approved subject to the conditions outlined in the appendix to Planning Report PD- 2009 -72. Rocky Vacca, Sullivan Mahoney, agent for the applicant, advised that his client is in support of the staff report and recommendation and asked that Council approve the report. The reason for the conversion is that it is an estate planning matter. The Public Meeting was Closed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the report be approved as recommended. with Councillor Wing opposed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that report PD- 2009 -73 be dealt with at this time. Carried Unanimously PD- 2009 -73 - 26CD -11- 2008 -11, Draft Plan of Condominium ( Standard), McLeod Road ( North Side), West of Dell Avenue. Owners: 2100851 Ontario Inc., 1473944 Ontario Limited & Marc Pingue. It is recommended: 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 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. 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. 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. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously Councillor Diodati left the Council Chambers Motion Carried - 5 - September 28, 2009 Council Minutes MAYOR'S REPORTS. ANNOUNCEMENTS Mayor Salci offered condolences to the Harry Van Dyke, Niagara Falls Transit e ployee on the passing of his wife, Karen and. to Cliff Barnhard, Niagara Falls Transit E ployee on the passing of his father, Peter. Mayor Salci advised of some recent events: John Baird, Federal Minister of Transportation, Infrastructure and Communities and received financial commitments for th Downtown Streetscape funding application. Provincial Minister George Smitherman announced the Province's commitment of $25 million to enable the People Mover Project to move forward. General Rick Hillier was inducted to the Canadian Branch of the In -rnational Knightly Order of St. George. A barbecue benefiting the Alzheimer Society w held at City Hall and the 4 Annual Our Turn to Pray Week took place. Mayor Salci advised of some upcoming events: the 36 Annual Mayor's Prayer Br-akfast, this year's Santa Claus Parade and Reudi Hafen, President and Chief Pilot of Niagara Helicopters recent nomination for the Flight Global Aviator of the Year Award, pu.lic can vote at www.flightglobal.com COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Library Board Vacancy - request of the Library Board to fill existing vacancies. RECOMMENDATION: That Council fill the Vacancies. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher th t Eric Sheridan, Barbara Ness and Ms. Jones fill the Library Board vacancies. Carried Unanimously Park in the City - request of the Park in the City Committee to fill existing vacancy. RECOMMENDATION: That Council fill the Vacancy. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo th -t Corey Barkman be appointed to the Committee. Carried Unanimously Trails & Bike Way Vacancy - request of the Trails & Bikeway committee to fill existing vacancy. RECOMMENDATION: That Council fill the Vacancy. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that Mr. James Megannety be appointed to the Committee vacancy. Carried Unanimously Chippawa Willoughby Arena - Request of Waiver of Arena Fees associated with the 50 Anniversary of Westlane Secondary School. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson th -t Council provide a grant equal to costs associated with the rental of the Chippawa Wi loughby arena, including insurance costs, for the celebration of the 50 Anniversary of th- opening of Westlane Secondary School and staff report back if costs were to exceed $2.00. Motion Carried wit Councillor Pietrangelo opposed and Councillor Mayes declaring a conflict b. Gale Centre - Request of Waiver of Fees, The Canadian Cancer Society is bringing hockey for hope tournament in July 2010. RECOMMENDATION: Refer to Staff and budget deliberations. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the communication be referred to staff and budget deliberations. Carried Unanimously 3a. Fire Prevention Week - Request that October 4 - October 10, 2009 be proclaimed as "Fire Prevention Week" and October 10, 2009 be designated as " Fire Service Recognition Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the request be approved. RECOMMENDATION: For the Approval of Council. RECOMMENDATION: For the Approval of Council. RECOMMENDATION: For the Approval of Council. RECOMMENDATION: For the Approval of Council. RECOMMENDATION: For the Approval of Council. - 6 - September 28, 2009 Council Minutes Carried Unanimously b. Niagara Falls Public Library - Request that the week of October 18 - 24, 2009 be proclaimed as "Ontario Public Library Week" in the City of Niagara Falls. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the request be approved. Carried Unanimously c. Lupus Foundation of Ontario - Request that the month of October be declared as "Lupus Awareness Month" in the City of Niagara Falls ". ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the request be approved. Carried Unanimously d. BOOST Child Abuse Prevention & Intervention - Request that the month of October be proclaimed as "Child Abuse & Neglect Prevention Month" in the City of Niagara Falls. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the request be approved. Carried Unanimously e. CUPE - SCFP - Request that October 21, 2009 be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls" ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the request be approved. Carried Unanimously f. Homelessness Awareness Week - That the week of October 11` 2009 be proclaimed as "Homelessness Awareness Week" in the City of Niagara Falls. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 4. Municipal Heritage Committee - Requestto approve painting of4761 Zimmerman Avenue. RECOMMENDATION: For the Consideration of Council. - 7 - September 28, 2009 Council Minutes ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the request be approved. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the actions taken in Community Services Committee, on September28, 2009 be approved. 1. That the minutes of the September 14, 2009 meeting be adopted as recorded. 2. TS- 2009 -39 Fourth Avenue - Temporary Use and Mitigation Plan for Access to Gale Centre That the Committee endorse the action plan outlined in the report. 3. TS- 2009 -38 Park Street Parking Control Review 1) That a permit parking zone is implemented on the north side of Park Street between a point 37 metres west of St. Clair Avenue and a point 14 metres west of Ontario Avenue, and 2) That staff report back on traffic issues. 4. MW- 2009 -72 Amendment to By -law 2007 -161 Collection of Rates & Meter Costs That Council adopt the proposed amendments to by -law #2007 -161 that will clarify the timing for the establishment of water accounts, update the purchase costs for new water meters and update the costs for bulk water purchases. 5. MW- 2009 -71 Oakwood Drive Reconstruction Development Agreement with Oakwood Place Shopping Centres Inc. (Smart Centres) 1) that the City enter into an agreement with Oakwood Place Shopping Centres Inc. for the reconstruction of Oakwood Drive south of McLeod Road. 2) that the Mayor and the City Clerk be authorized to execute the Development Agreement. 3) that the 2009 Capital Budget Project worksheet be amended as shown in Attachment #2 to reflect the new funding opportunities. Councillor Diodati returned to Council Chambers. - 8 - September 28, 2009 Council Minutes 6. MW- 2009 -70 Edgewood Estates Subdivision Stormwater Management Facility Development Charges Payment That staff be authorized to process a payment to the developer of the Edgewood Estates Subdivision (1473944 Ontario Limited) for oversizing of the stormwater management facility in the amount of $332,679.36. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the actions taken in Corporate Services Committee, on September 28, 2009 be approved. Carried Unanimously 1. That the minutes of the September 14, 2009 meeting be adopted as recorded. 2. CD- 2009 -12 - Green Oakes Mobile Home Park That the City decline to enact a by -law pursuant to section 99.1 of the Municipal Act, to specifically deal with the Green Oaks Mobile Home Park situation; but That staff continue to investigate the possibility of a by -law related to conversion applications. 3. CPS - 2009 -11 - 6592 Dunn Street Disposition of Property Staff recommend the following actions: 1) re -zone 6592 Dunn Street from residential to open space 2) lift part lot control from the subject and abutting properties 3) prepare a reference plan to show the portions of the property used by the abutting landowners of 6580, 6590 and 6602 Dunn Street 4) Negotiate the sale of the property to the abutting landowners according to the reference plan, for the appraisal value of $1,000 and for the costs of the transaction 5) Amend the heritage designation of 6590 Dunn Street (Barclay property) with certain conditions (e.g. preservation of trees, no construction of buildings, fences, etc.) 6) Carry out any other actions to satisfy Council's intent. F- 2009 -46 - 2008 Consolidated Financial Statements That Council receive the 2008 Consolidated Financial Statements report for information purposes. 5. F- 2009 -45- Operating Results as of August 31, 2009 That Council receive the Operating Results report for information purposes. 6. CPS - 2009 -09- Water/Wastewater Operations Long Range Financial Plan That the allocation of $19,780 plus applicable taxes to engage a consultant to develop a Water/Wastewater Operations Long Range Financial Plan in accordance with O.Reg. 453/07 be approved. 7. FS- 2009 -04- Radio System Project Manager - 9 - September 28, 2009 Council Minutes 1) That Council authorize staff to designate Glentel Inc. (Glentel) as the preferred proponent for the Niagara Falls Fire Services radio system. 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 -48 - Monthly Tax Receivables Report. It is recommended that Council receive the Monthly Tax Receivables report for information purposes. F- 2009 -49 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $14,934,510.49 for the period August 13, 2009 to September 9, 2009. L- 2009 -45 - United Church o f Canada Transfer to the City, Lyon's Creek Cemetery and Right -of -Way. It is recommended that Council authorize a Transfer of Part 3 as illustrated on the Plan 59R- 14070/30R- 13391, together with a right -of -way plan, from the United Church of Canada to the City of Niagara Falls for the purpose of recording the ownership of, and facilitating the maintenance of, Lyon's Creek Cemetery. L- 2009 -48- Convention Centre Conveyances from Ontario Realty Corporation and Hydro One Networks Inc. It is recommended: 1. That the City enter into a Licence of Land with Ontario Realty Corporation acting as agent on behalf of Her Majesty The Queen in right of Ontario as represented by The Minister of Public Infrastructure Renewal ( "ORC "), over the property described as Parts 11, 12, 13 and 17 on Plan 59R -13628 of the Land Titles Office of the Land Titles Division of Niagara South (No. 59). 2. That the City enter into an Easement Agreement with Ontario Realty Corporation acting as agent on behalf of Her Majesty The Queen in right of Ontario as represented by The Minister of Public Infrastructure Renewal ( "ORC "), over the property described as Parts 10, 14, 15, 16 and 18 on Plan 59R -13628 of the Land Titles Office of the Land Titles Division of Niagara South (No. 59). 3. That the City enter into a Construction and Encroachment Agreement with Hydro One Networks Inc. over Parts 3, 4, 6, 7, 8 and 9 on Plan 59R -13628 of the Land Titles Office of the Land Titles Division of Niagara South (No. 59). 4. That the Mayor and Clerk be authorized to execute each of the aforementioned documents on behalf of the City. MW- 2009 -65 - Tender - Main Street Watermain Replacement from Ferry Street to Robinson Street. Contract #2009 - 223 -09. It is recommended that the contract be awarded to the lowest bidder Cotton Inc. at the tendered price of $347,034.80; and that the Mayor and Clerk be authorized to execute the necessary contract documents. MW- 2009 -74 - Tender 2009 - 175 -06, River Lane, Otter Street and River Road, Road Reconstruction and Underground Services. It is recommended that the contract be awarded to the lowest bidder Peter's Excavating at the tendered price of $926,389.00; and that the Mayor and City Clerk be authorized to execute the necessary contract documents. - 10 - September 28, 2009 Council Minutes PRC- 2009 -29 - 2009 Sports Wall of Fame Inductees. It is recommended that Council approve the 2009 Sports Wall of Fame Inductees for the January 17, 2010 Induction Ceremony. It is recommended that Council approve the 2009 Sports Wall of Fame Inductees for the January 17,2010 Induction Ceremony. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the reports be approved as recommended. HIP Committee BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be given a first reading. Carried Unanimously 2009 -150 A by -law to amend By -law No. 79 -200, to permit a used car lot, recognize the existing building and lot configuration and to reduce landscaped open space and road widening requirements. (AM- 2009 -013) 2009 -151 A by -law to amend By -Law No. 2007 -161, 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. 2009 -152 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, Stop Signs at Intersections) 2009 -153 A by -law to authorize the execution of a Licence of Land with Ontario Realty Corporation, respecting the use of the Hydro corridor adjacent to the Convention Centre lands, for maintenance purposes. 2009 -154 A by -law to authorize the execution of a Grant of Easement with Ontario Realty Corporation, respecting the use of the Hydro corridor adjacent to the Convention Centre lands, to enable vehicles to reach the future parking lot. 2009 -155 A by -law to authorize the execution of a Construction and Encroachment Agreement with Hydro One Networks Inc., respecting entrance by the City upon certain easements situated at the west end of the Convention Centre property, for construction purposes. 2009 -156 A by -law to authorize the execution of an Agreement with the Golden Steer Restaurant (Petrakis Family) respecting the Adopt -A- Street public service program for volunteers. 2009 -157 A by -law to authorize the payment of $14,934,510.49 for General Purposes. 2009 -158 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of September, 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 NEW BUSINESS Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the HP committee be amended to include Councillor Pietrangelo as a committee member and that minutes from the meetings will be taken and circulated to Council through the Clerks office. Carried Unanimously Gale Arena ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher staff prepare a report on the arena costs, specifically including site prep and clean up, prior to the commencement of construction. Carried Unanimously Reudi Hafen ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that a link be placed on the City's website so that the public can lend their support for Reudi Hafen, nominated for Aviator of the Year Award as presented by Flight Global. Carried Unanimously Niagara Health System - Regional Funding ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that a request be made to the Region to withhold it's $21 million in funding to the NHS until until a full public hearing occurs outlining what kind of services the lower -tier municipalities require. Carried Unanimously ORDERED on the motion of Councillor, seconded by Councillor that the meeting be adjourned at 9:20 p.m. Carried Unanimously LTheC DEAN IORF A, CITY CLERK R.T. (TED) SALCI, MAYOR - 11 - September 28, 2009 Council Minutes