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2010/10/04Council met on Monday, October4, 2010 at 6:45 p.m. in an In Camera Session. All members of Council were present. Councillor Fisher presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. FIFTEENTH MEETING IN CAMERA MEETING DEAN IORFID , ITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, October4, 2010 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor loannoni offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the minutes of September 20, 2010 be approved as recorded. DISCLOSURES OF PECUNIARY INTEREST Councillors loannoni, Thomson and Wing indicated indirect pecuniary interests with the In Camera Matter. DEPUTATIONS /PRESENTATIONS Special Olympics Nation Summer Games / S � Mayor Salci recognized Robyn Crandall with a plaque on behalf of Council. Robyn won for three Gold medals at the Special Olympics National Summer Games which were held July 12- 18, 2010. Niagara Falls Jacket Cellar Falcons Major PeeWee Baseball Team Committee Room 2 October 4, 2010 Carried Unanimously Mayor Salci congratulated members of the Niagara Falls Jacket Cellar Falcons Baseball Team for winning the Ontario PeeWee Ontario Baseball Association Championship and presented the team with individual plaques. - 2 - October 4, 20 Council Minute, The Team: Tyler Wood, Brady Johnson, Jordan Hiltz, Alex Matovic, Joe Scaringi, Brenda Shannon, Daniel Schmahl, Jordan Politi, Lucas Revill, Tanner Mills, Corey Sheehan Ethan Claydon, Jaret Chipman, Michael Brettell Coaches: John Hiltz (Head Coach), Bob Pysher (Assistant Coach). John Morse (Assistar Coach) and Darren Schmahl (Assistant Coach). Buckner's Niagara Falls Falcons Sr. Rookie Baseball Team Mayor Salci congratulated members of the Niagara Falls Falcons Sr. Rookk Baseball Team for winning the Ontario Baseball Association Provincial Championships an presented them with individual plaques. The Team: Leif Burciul, Owen Diodati, Kyle Fortuna, Noah Fortuna, Willy Jackman, Eva Johnston, Lucas Lafortune, Dennis Lescombe, Mason McRae, Anthony Stranges, Rya Todd, Andrew Waters Coaches: Ryan Diodati ( Head Coach), Mark Fortuna ( Manager) Assistant Coaches: Bill Jackman, Mike McRae, Rich Tanos and Al Todd Niagara Falls Falcons Major Bantam Team Mayor Salci congratulated members of The Niagara Falls Falcons Bantam Tear for winning the 2010 Ontario Baseball Association Bantam "A" Championships held in th. Thornhill/Vaughan area and presented them with individual plaques. The Team: Dan "Tooth" Boekestyn, Eric Breedon, Blake Desrochers, Jakob Hart, Ty►F "TK" Kelly, Matt Kohli Blake "Rook" Mezzarobba, Andrew Quast, Evan "Night train" Simol Joseph "Salt" Sottile, Trevor Want, Keanan "V -Dub" Wilson, Campbell "Soup" Zeifert Coaches: Randy Luciano (Head Coach), Shawn Somerville, Paul Zeifert, Kyle Hart with Councillor Wing opposed UNFINISHED BUSINESS Mr. Phil Ritchie, Downtown BIA, provided Council with an update on the differ& initiatives in the downtown and the benefits that are expected from the arches, sour system and other beautification efforts. Toni Williams, Downtown BIA, indicated that the various events have been positiv and have lead to an increase in downtown traffic. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fish(- that Lester St. Croix be permitted to speak. Carried Unanimous' Lester St. Croix asked for Council's support in continuing to improve the downtown he believes everything is moving in a positive direction. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing the staff, in conjunction with the Downtown BIA, report back on the funds from the CIP reserv- granted earlier this year. Carried Unanimous' ORDERED on the motion of Councillor Thomson, seconded by Councillor loanno that the decision to disband the Downtown Steering Committee be deferred for the ne Council. Motion Carrie' - 3 - October 4, 2010 Council Minutes PLANNING MATTERS PD- 2010 -83 - 26CD -11- 2010 -02, Draft Plan of Vacant Land Condominium Block 120, Plan 59M- 379.Owner: 800460 Ontario Limited. Agent: Matthews, Cameron - Kerry T. Howe Surveying Ltd. Proposal: 40 Unit Vacant Units for Townhouse Dwellings The Director of Planning and Development reviewed the recommendations and provided the following information. Background Applicant proposes to register a Vacant Land Condominium over the 1.67 ha (4.13 ac) site to create vacant lots for the future construction of 40 townhouse units. Plan of condominium subdivision will permit the individual ownership of each unit in the development with the private driveway, visitor parking and some landscaped areas shared by the condominium corporation. Public Meeting Recent revisions to the Planning Act effective January 2007 require a public meeting for vacant land condominium applications which is satisfied by tonight's meeting. Recommendation That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix 1 of report PD- 2010 -83. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. PD- 2010 -84 - AM- 2010 -015, Zoning By -law Amendment Application, 6590 and 6592 Dunn Street. Applicant: City of Niagara Falls. Preservation of Heritage House (Spence Weaver House) The Director of Planning and Development reviewed the recommendations and provided the following information. Background Carried Unanimously The City- initiated application is to change zoning of Parcels 1 and 2 to a site specific R2 zone. Parcel 1 is 1054.3 sq m (0.26 ac) and contains the Spence Weaver House, a designated heritage dwelling. Its municipal address is 6590 Dunn St, even though the parcel fronts onto Leawood Court. - 4 - October 4, 20 Council Minute Parcel 2 is 499.5 sq m (0.12 ac) and is currently a vacant lot, owned by the City. municipal address is 6592 Dunn St. Both parcels are lots in registered plan NS25. When the subdivision was created, the Co assumed the ownership of Parcel 2. An agreement between the City and the owner of the Spence Weaver House allowed the to maintain Parcel 2 which preserved the lot as a landscaped area in front of the home ar this also ensured the home could continue to be viewed from Dunn Street, as it had bee h istorically. In 2009, Council agreed in principle to sell the majority of Parcel 2 to the owners of Parc 1 to ensure the historic view of the front of the house is preserved in perpetuity. The rezoning is the first step in the process. A public open house was held on August 23, 2010 and the neighbours were supportive the proposal. Planning Analysis Provincial & Regional Policy Plans Provincial policies support conservation of significant built heritage resources and cultur- heritage landscapes Official Plan The subject lands and surrounding properties are designated Residential in the OP. Th predominant use of land designated residential is dwelling units. The OP promotes the conservation of properties of cultural heritage value and require development adjacent to and surrounding significant heritage properties to be designe to prevent adverse impacts on the character and quality associated with the heritaa resource. The Spence Weaver House was designated under the Ontario Heritage Act in 1978 for o architectural and historical importance to the City. The setting of the house has bee maintained over the last 35 years through the City's ownership of Parcel 2 and th homeowners maintenance. The amendment will facilitate the long term preservation and conservation of the setter= of the home after Parcel 2 is combined with Parcel 1. Zoning The subject lands and surrounding Tots are zoned Residential Single and Two Family (R and would currently permit a dwelling to be constructed on Parcel 2. The proposed zoning will treat Parcels 1 and 2 as one lot and preclude the constructic of a second dwelling. It will also recognize the location of the existing dwelling on the lands and ensure the lar known as Parcel 2 is maintained as a landscaped yard. This will be accomplished applying site specific zoning provisions to the whole of the lands. The following site specific provisions are recommended: ► A reduction in the front yard depth from 6 m (20 ft) to 3 m (10 ft) to recognize tr setback of the dwelling from Leawood Court; ► An increase to the maximum width of a driveway from 8 m (26 ft) to 10 m (32.8 to recognize the existing width of the driveway; ► An increase to the front yard depth from 6 m (20 ft) to 35 m (114 ft) (a front yard required from both streets for a through lot) to ensure the area between the existrr dwelling and Dunn Street is maintained as a landscaped yard Conclusion 5 October 4, 2010 Council Minutes The proposed amendment involves 2 parcels: ► Parcel 1 - 6590 Dunn Street, which contains the Heritage Designated Spence Weaver House; and ► Parcel 2 - 6592 Dunn Street, which is a City owned vacant lot and is located between the Spence Weaver House and Dunn Street. Parcel 2 was declared surplus by the City in 2009 and plans are underway to sell the majority of it to the Barclays. Two smaller pieces are to be sold to the owners of 6580 and 6602 Dunn Street as minor boundary adjustments. The OP supports the preservation of heritage properties. The proposed Zoning By -law amendment will: • Limit the use of the whole of the lands to one detached dwelling and detached garage; ► Recognize the location of the dwelling and garage on the lands which have existed for a considerable time and achieved compatibility with the surrounding dwellings; ► Preserve the historical setting of the Spence Weaver House by creating a 35 m. (114.8 ft) setback from Dunn Street and preventing new buildings and structures from being erected between the dwelling and Dunn Street. Recommendation That Council approve the City- initiated Zoning By -law amendment to change the zoning of the lands to a site specific Residential Single Family and Two Family (R2) zone and thereby recognize the location of the existing dwelling and preserve the landscaped yard between the dwelling and Dunn Street. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the report be approved as recommended. PD- 2010 -73, SBA - 2010 -002, Sign By -law Amendment Application Applicant: City of Niagara Falls. Banners on Public Property The report recommends that Council pass the amending by -law on the agenda that contains regulations for the installation of banners on public property. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. MAYOR'S REPORTS. ANNOUNCEMENTS Carried Unanimously Carried Unanimously Mayor Salci offered condolences to Russ Stout, a City employee, on the recent passing of his mother, Myrtle Stout; and Paul Campigotto, a city employee, on the passing of his mother -in -law, Ines Brusitti. Mayor Salci advised of some recent events: Regional Council has made the decision to locate the Niagara Regional Police Headquarters in Niagara Falls, Highway420 was officially designated as "Niagara Veterans Memorial Highway" and the Mayor's Prayer Breakfast was recently held. - 6 - October 4, 20' Council Minute Mayor Salci advised that the Niagara Falls Transit will celebrate 50 years of service COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 BOOST Child Abuse Prevention & Intervention - Request that Council proclait October as "Child Abuse & Neglect Prevention Month" and October 1s 2010 as ( Purple for Prevention Day. RECOMMENDATION: For the Approval of Council 2. Correctional Service Canada - Request that November 14 - November 21S 20 be proclaimed as "Restorative Justice Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Canadian Diabetes Association - Request that the month of November r: proclaimed as "Diabetes Awareness Month" and November 14 2010 as "Wor Diabetes Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. Niagara Falls Public Library - Request that October 17 -23, 2010 be proclaims as "Public Library Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 5. CUPE -SCFP - Request that October 27 2010 be recognized proclaimed as "Chin Care Worker & Early Childhood Educator Appreciation Day" in the City of Niagar Falls. RECOMMENDATION: For the Approval of Council 6. Early Years Niagara - Request that Council proclaim November 20, 2010 "National Child Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 7 Hospice Week - Request that the Week of October 9 - 15, 2010 be proclaimed ri " International Hospice Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Fish( - that the requests for communications 1 -7 be approved as recommended. Carried Unanimous 8. Winter Festival of Lights - Request approval to hold fireworks displays during Festival season. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerr that the request be approved as recommended. Carried Unanimous - 7 - October 4, 2010 Council Minutes REPORTS HR- 2010 -10, Chief Administrative Officer - Council Salary Increases - 2010 The report recommends that Council consider a method regarding the future salary increases of Council and receive the following information on salary increases for 2010. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the report be deferred and brought back for the new Council. RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the actions taken in Community Services Committee, on October 4, 2010 be approved. Carried Unanimously 1) The Corporate Services minutes of the September 20, 2010 meeting be approved. 2) REPORTS: a) MW- 2010 -57, LED Streetlighting - Pilot Study 1. That staff be authorized to commence a pilot study of new technology street lighting at various locations throughout the City; and further 2. That the proposal submitted by the Devon Group /GAMS be approved at an upset limit of $37,000 plus $3,000 contingency; and further 3. That funding for this project be allocated from the Street Lighting Services ($30,000) and Engineering Services ($10,000) accounts in the approved 2010 Current Budget ; and 4. That Council tour the test locations. b) TS- 2010 -33 Intersection Control Review 1. That the traffic signal at Queen Street and St. Clair Avenue be removed and replaced with an all -way stop. 2. That the traffic signal at Queen Street and St. Lawrence Avenue be removed and replaced with an all -way stop. 3. That an all -way stop be installed at the intersection of Queen Street and Ontario Avenue. c) TS- 2010 -47 Intersection Control Atack Court at Cheesman Street That a stop sign replace the existing yield sign facing southbound motorists on Cheesman Street at Atack Court. d) PD- 2010 -87 Location of Drug Treatment Clinics Carried Unanimously That Council send the resolution in the Council agenda petitioning the Province to require all methadone clinics to go through a mandatory community engagement process, as recommended by the Methadone Maintenance Treatment Practices Task Force (2007) ; and that the Province investigate location restrictions for clinics that deal with chemical dependency drugs. 8 e) F- 2010 -55 2009 Consolidated Financial Statements For the information of the Corporate Services Committee f) F- 2010 -56 Municipal Performance Measures 1. That this report be received for the information of City Council. 2. That staff post the information on the City's website. 3) NEW BUSINESS: 1. That staff be directed to pick up refuse from illegal dumping. RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS October 4, 20 Council Minute ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerr that: the recommendations from the "In Camera" meeting on October4, 2010 be approve L- 2010 -14 - Resolution of Conveyancing Problem Concerning Easements above Rail Lands 1. That the City Solicitor be instructed to complete the transactions required to registF the severances of the building rights created by Instrument No. 29040B of the Lar Registry Office of the Land Registry Division of Niagara South No. 59, to the owne of the lands that abut the rail lands; and 2. That the transactions described in paragraph 1 be carried out without requirir further consents to sever the lands. Carried Unanimousi with Councillors loannoni, Wing and Thomson declaring a conflict 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. MW- 2010 -61, Lundy's Lane Battlefield Sculptures. The report is recommended for the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kern that the report be deferred. Carried Unanimousi CD- 2010 -11, Purchase of Office Products. The report recommends that Coun authorize the Mayor and the City Clerk to execute an agreement with Grand and Ti Limited for the purchase of office products, as per the Province of Ontario Request f Proposal, for the period ending, January 21, 2015. - 9 - October 4, 2010 Council Minutes MW- 2010 -27, Bulk Sodium Chloride (Road Salt) Tender 2008 -T -29. The report recommends that Bulk Sodium Chloride (road salt) contract with Cargill Deicing Technology as set out in Tender 2008 -T -29 be extended to include the quoted pricing for the 2010/2011 winter season. TS- 2010 -48, Historic Drummondville Parking Study - Consultant Selection. The report recommends: 1. That Transforward Consulting Group be hired to complete the parking plan for the Historic Drummondville District and the neighbouring Greater Niagara General Hospital area. 2. That the Clerk and the Mayor be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the reports on the agenda be approved as recommended. RESOLUTIONS Carried Unanimously NO. 24 - WING - DIODATI - THEREFORE BE IT RESOLVED that the Province investigate location restrictions for clinics that deal with chemical dependency drugs; and, failing that BE IT RESOLVED that the Minister of Health and the College of Physicians and Surgeons of Ontario be petitioned to bring forward legislation making it mandatory for Methadone Maintenance Treatment providers to engage in a community consultation process as outlined in the Centre for Addiction and Mental Health's Methadone Maintenance Treatment, a Community Planning Guide. BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2010 -149 A by -law to amend By -law No. 2008 -224, being a by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. 2010 -150 A by -law to amend By -law 2010 -137, a by -law to establish the Niagara Compliance Audit Committee. 2010 -151 A by -law to authorize the Mayor and Clerk to execute an agreement with Grand and Toy Limited for office supplies. 2010 -152 A by -law to amend By -law No. 79 -200, to guide the development of the Deerfield Estates Phase 9 plan of subdivision on the Lands, subject to the removal of a holding (H) symbol on a portion of the Lands. ou2010 -153 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Through Highways, Stop Signs at Intersections, Yield Signs at Intersections). 2010 -154 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4 day of October, 2010. 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 Sign By -law - 10 - NEW BUSINESS October 4, 20 Council Minute ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrange that staff review the Sign By -law, including non - signed areas, and consult with the sic industry. Carried Unanimous ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes th- the meeting be adjourned at 9 :30 p.m. Carried Unanimous DEAN IORFIDA CITY CLERK R.T. (TED) SALCI, MAYOR