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2011/05/16 EIGHTH MEETING REGULAR COUNCIL MEETING May 16, 2011 Council met on Monday, May 16, 2011 at 5:00 p.m. in Committee of the Whole in Committee Room #2. The Council went into an In camera session but did not rise and report. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:35 p.m. All members of Council except Councillor loannoni were present. Mayor Diodati offered the Opening Prayer. * * * ** ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the minutes of 18pril 4, 2011 be approved as printed. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict with one of the properties outlined in the addendum of F- 2011 -22 as she owns abutting property. * * * ** DEPUTATIONS/ PRESENTATIONS Provincial Champions Mayor Diodati presented awards to the Niagara Falls members of the Provincial Champion, St. Catharines Intermediate A Girls Hockey Team. The members: Katrina (Katie) Housser, Lauren Hamilton, Lauren MacKenzie and Cassandra DuPlessis, Coaches: Tim Housser, John Sykes, Peter Fedorovitch. Daval Hospice Valerie Williams and Tracey Robertson, Executive Director provided Council with an update on the proposed hospice project, the development of a sustainability model and a membership drive. ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that a resolution be sent to the Province to consider increase funding to hospice beds, as an alternative to hospital beds. Carried Unanimously Strabao Ernst Gschnitzer, Project Manager from Strabag provided an update on the tunnel project. Niagara District Airport Ruedi Suter, Chairman of the Niagara District Airport Commission made a brief presentation to Council outlining the new terminal expansion of the Airport, an infrastructure stimulus fund project. Mr. Suter outlined that the runway is now Tight -2- May 16, 2011 completely by LED lights. The Commission's expected results: improved transportation infrastructure, self- sustainability and economic benefits. PLANNING MATTERS PD- 2011 -31 - Proposed City- Initiated Official Plan Amendment No. 94 Growth Plan Conformity Amendment The Director of Planning and Development reviewed the recommendations and provided a brief presentation. OPA No. 94 represents the culmination of consultant and staff research and policy development and extensive public consultation. The policies in areas of growth, protection of employment lands, intensification and greenfields, reflect the input staff have received since last July. The amendment is consistent with Regional and Provincial policy. Jean Grandoni, R R # 1, was opposed to any deferral of the matter and any expansion in the north west sector. She felt that the Council was only interested in appeasing developers. Dennis Savriga, representing the North West sector property owners, advised that he is content with the proposed changes made by the planing staff and would like to see the matter move forward. Garry Fisher, 6252 Carolyn Avenue, is opposed to intensification in the Dorchester/ Morrison node. He feels it will lead to slums. Ken Gagne, Terra Planning, 235 Martindale Road. St. Catharines, representing property owners on Carroll Avenue and Portage Road, would like to see the policies fine tunes to allow heights from 2 -10 stories in their area of development. The Planning Director indicated that was possible. Vic Labreche, Labreche Patterson & Associates Inc., representing the Ontario Restaurant Association pointed out that the case law indicates that prohibition of a land use in an Official Plan is not allowing. Such prohibitions, such as proposed for drive thrus, can occur in zoning by -laws only. The Planning Director indicated the change would be made. Mark Stirtzinger, 5687 Pettit Avenue, expressed concern with the Morrison /Dorchester node being selected for intensification. He questioned whether the road infrastructure supports intensification especially since the presence of the rail line restricts development. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing to defer closure of the public meeting and consideration of report PD- 2011 -32. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the designation of the Paletta lands be removed from OPA 94. Carried Unanimously * * * ** -3- May 16, 2011 PD- 2011 -32 - Telecommunication Facility Consultation, 4536 Portage Road. Atlus Group on Behalf of Bell Mobility. Executive Summary The proposal to erect a 40m (131') steel monopole tower on 4536 Portage Road can be supported based on the following: the proposed location is within an industrial area well set back from existing non - industrial uses. Recommendation It is recommended that Industry Canada be advised that the City of Niagara Falls has no objection to the construction of a 40 metre monopole telecommunication tower and ground compound on the lands at 4536 Portage Road as submitted (Project No. BW34BB), subject to flight patterns for emergency services being accommodated. Duane Lovelace, representing Atlus Group, indicated that they complied with the notification requirements. The location is as far away as practical from the school and residential properties. He indicated that Hydro One have declined the location of cellular towers in their corridors as a matter of policy. Judith McCarthy, 6139 Summer Street, has taken a lot of interest in the issue of cellular towers. She stressed the environmental need to keep them away from schools. She was not opposed to the proposed location. Roman Hrycyshyn, 5800 Thorold Stone Road ( former Lubrizol property), was not opposed to the cellular tower but questioned the location, as it is in close proximity to their proposed "green" business. They do not want the possibility of radio waves impeding their equipment. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff facilitate a meeting between the applicant, property owner and interest parties to facilitate a suitable location of the proposed tower and report back to Council. Carried Unanimously * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati advised of some recent events: a very successful Niagara Week at Queen's Park, the 40 Under 40 Awards, the Niagara Tunnel Project Breakthrough event, the annual Police tug -of -war between the Niagara Regional Police and their American counterparts, Community Clean Sweep, the Project SHARE Go Kart Races and the Cheerleading National Event - Cheer Evolution held at the Scotiabank Convention Centre. Mayor Diodati advised of some upcoming events: the Weightman Bridge official re- opening and the GO Train Weekend Service kick -off. * * ** COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Elder Abuse Awareness - Request 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 Pietrangelo, seconded by Councillor Gates that the request be approved as recommended. Carried Unanimously -4- May 16, 2011 2. March of Dimes Canada - Request that the week of May 29 - June 4 2011 be proclaimed as " National Access Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the request be approved as recommended. Carried Unanimously 3. Niagara Shrine Club - Request that the week of June 6 th - June 12 2011 be proclaimed as "Shriners Week" and a flag raising be held on June 8 th at 2 p.m. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the requests be approved as recommended. Carried Unanimously 4. Spina Bifida & Hydrocephalus Association of Ontario - Request that the month of June be proclaimed as "Spina Bifida and Hydrocephalus Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the request be approved as recommended. Carried Unanimously 5. Public Works Week - Request that the week of May 15, 2011 be proclaimed as "National Public Works Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the request be approved as recommended. Carried Unanimously 6. Lundy's Lane BIA - Request that Council approve Tish DiBellonia as the 14 member of the Board. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the request be approved. Carried Unanimously 7. Celebrate Old Downtown - Request use of City Hall property and that the City provide a grant equal to the waiver of staff costs for road closure and midnight clean up crew for Springlicious. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the communication be approved. Motion Carried with Councillor Wing opposed * * * ** Councillor Pietrangelo Chaired Budget meeting at 9:35 p.m. -5-- May 16, 2011 REPORTS BUDGET 1. F- 2011 -22 - Chief Administrative Officer - 2011 Capital Budget The report recommends that Council approve the 2011 Capital Projects Budget. ORDERED on the motion of Councillor Kerrio, seconded by Mayor Diodati that the Capital Budget be approved. Carried Unanimously 2. F- 2011 -18 - Chief Administrative Officer - Low - Income Seniors' Water Rebate The report recommends the following: 1. That Council approve the annual 2011 Low Income Seniors' Water Rebate program. 2. That Council consider adopting a Low Income Property Tax Rebate of $40.00 per applicant. ORDERED on he motion of Mayor Diodati, seconded by Councillor Maves that Council approve the annual 2011 Low Income Seniors' Water Rebate program. Carried Unanimously ORDERED on the motion of Mayor Diodati, seconded by Councillor Maves that Council adopt a Low Income Property Tax Rebate of $40.00 per applicant. Motion Carried with Councillors Wing, Thomson and Morocco opposed. Councillor Pietrangelo stepped down as Chair 10:10 p.m. * * * ** RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the actions taken in the Committee of the Whole Committee, on April 18, 2011 be approved. Carried Unanimously 1) The Committee of the Whole minutes of the April 18, 2011 be approved. 2) REPORTS: a) MW- 2011 -19 Agent Orange Investigation That the report be received and filed. b) MW- 2011 -23 Asphalt Patching Contract - City Wide 1. The contract be awarded to Circle P. Paving at the tendered price of $394,995.00 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. * * * ** -6- May 16, 2011 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- 2011 -09 - Adult Entertainment Committee Appeals. The report recommends that based on the recommendation of the Adult Entertainment Appeals Committee, the appeals be granted and the revocation of the adult entertainment licences be lifted. F- 2011 -17 -Cancellation, Reduction or Refund of Taxes. The report recommends that Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. F- 2011 -19 - 2011 Reimbursable Mileage Two -Tier Rates. The report recommends that the City adopt the Canada Revenue Agency's (CRA) rate structure for reimbursable mileage for employees and that the rate structure be automatically adjusted as this rate guideline is amended. MW- 2011 -16 - RFQ16 -2011 - Tree Trimming and Removal City Wide. The report recommends the following: 1. The contract be awarded to 2187989 Ontario Incorporated o/a Shorthills Tree Service at the tendered price of; • $100 for the period ending March 31, 2012, • $105 from April 1, 2012 to March 31, 2013, • $110 from April 1, 2013 to March 31, 2014. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW- 2011 -21 - Canadian General Standards Board Agreement. The report recommends that the Mayor and Clerk be authorized to sign an agreement with the Canadian General Standards Board governing the City's Drinking Water Quality Management System (DWQMS). MW- 2011 -24 - TenderT07 -2001- Supply, Service and Repair of Sanitary and Storm Sewers, Sewer Laterals, Watermains and Water Service. The report recommends that Council award contracts for 2011 -2013, to: 1. O'Hara Trucking and Excavating Inc. as the primary contractor, and 2. Alfidome Construction Limited as the secondary contractor, and that: 3. The Mayor and Clerk be authorized to execute the necessary agreements. PD- 2011 -30 - CB &FIG - 2011 -002, Commercial Building & Facade Improvement Grant Application. Mariyan and Mike Pirker, Victoria Inn (581608 Ontario Ltd.) 4816 Bridget Street. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4816 Bridge Street, subject to the owner satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. -7- May 16, 2011 TS- 2011 -20 - Drummond Road Parking Review. The report recommends the following: 1. That a "no parking" restriction be established at all times on the east side of Drummond Road between a point 45 metres south of Murray Street and a point 50 metres north of Dixon Street. 2. That "no standing" restrictions be established at existing bus stop locations on Drummond Road between Lundy's Lane and McLeod Road. 3. That bike lanes on both sides of Drummond Road between Lundy's Lane and McLeod Road be designated by municipal bylaw. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the reports on the Consent Agenda be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be given a first reading. Carried Unanimously 2011 -55 A by -law to authorize the execution of an Agreement with Track Niagara respecting the Adopt -A- Street /Park /Trail public service program for volunteers. 2011 -56 A by -law to authorize the execution of an Agreement with Meridian Credit Union and Forestview Public School respecting the Adopt -A- Street/Park/Trail public service program for volunteers. 2011 -57 A by -law to authorize the execution of an Agreement with Dr. Mohamed Abu Shahma dated April 6, 2011, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. 2011 -58 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. 2011 -59 A by -law to amend By -law No. 78 -66, being a by -law to designate the property known as the Spence Weaver Homestead, 6950 Dunn Street within the City of Niagara Falls, which aforesaid by -law deemed the property to be of cultural heritage value and interest. 2011 -60 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2011 -61 A by -law to provide for citizen appointments to certain Committees. 2011 -62 A by -law to hereby authorize the Mayor and City Clerk to execute a Canada - Ontario Municipal Rural Infrastructure Fund (COMRIF) Extension Agreement between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Infrastructure and the Minister of Agriculture, Food and Rural Affairs, and the Corporation of the City of Niagara Falls. 2011 -63 A by -law to provide for Council member appointments to certain Boards, Commissions and Committees. 2011 -64 A by -law to authorize the execution of an Agreement for the accreditation of the operating authority of municipal drinking water systems with Her Majesty the Queen in right of Canada, as represented by the Minister of Public Works and Government Services acting through the Canadian General Standards Board. 2011 -65 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of May, 2011. -8- May 16, 2011 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be read a second and third time and passed. Carried Unanimously * * * ** NEW BUSINESS Pool Drainage ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that staff look into a letter submitted regarding pool drainage and report back to Council. Carried Unanimously Traffic Lights ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo that the Region be asked to look investigate the coordination of intersection lights. Carried Unanimously * * * ** ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the meeting be adjourned at 10:50 p.m. Carried Unanimously DEAN IORFIDA ITY LERK JAMES M. DIODATI, MAY*'