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2008/02/25FOURTH MEETING IN CAMERA MEETING Committee Room 2 February 25, 2008 Council met on Monday, February 25, 2008 at 4:00 p.m. in an In Camera Session. Councillors Thomson, Kerrio, loannoni and Wing were absent due to a conflict on the matter. Councillor Pietrangelo presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. REGULAR COUNCIL MEETING ADOPTION OF MINUTES DEAN IOFfIDI, CITY CLERK R.T. (TED) SALCI, MAYOR Council met on Monday, February 25, 2008 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Kerrio offered the Opening Prayer. Following the opening prayer, Eilis Wilson, a grade 8 student at St. Gabriel Lalemant School sang the National Anthem. Councillor Wing indicated an addition to the wording of the motion regarding the Afrukhteh Art Collection, page 15 to include that information on the condition and cost of the collection be provided for Council's information. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the minutes of February 25, 2008 be approved as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated conflicts from the February 11 meeting, for which he was absent, for PD- 2008 -14 and the In camera matter regarding Development Charges. He continues to have a conflict on the In Camera matter re: Development Charges on the agenda for this meeting. Councillor Thomson indicated a conflict to an In Camera matter, re: Development Charges. Councillor loannoni indicated a conflict to an In Camera matter, re: Development Charges. Councillor Wing indicated a conflict to an In Camera matter, re: Development Charges. It is recommended that: - 2 - February 25, 2008 Council Minutes CORPORATE SERVICES COMMITTEE AGENDA Councillor Pietrangelo presided as Chair for the Corporate Services meeting. Municipal Utility Budget F- 2008 -10 - Chief Administrative Officer - 2008 Municipal Utility Budget It is recommended that the Corporate Services Committee recommends: - the approval of the 2008 Municipal Utility Budget - the approval of the 2008 water and sewer rates and charges per Schedule A. - the approval of the amending bylaw to Bylaw 2007 -161 for the imposition and collection of rates - the 2008 water and sewer rates be reviewed following the consideration of the Water and Sewer Rate Structure Review report ORDERED on the motion of Mayor Salci, seconded by Councillor Maves that the report be approved pending possible amendments after Council receives the Loudon Report. Motion Carried with Councillor Thomson and Fisher opposed. Operations Budget F- 2008 -11 - Chief Administrative Officer- 2008 General Purposes Budget It is recommended that the Corporate Services Committee recommends that approval of the 2008 General Purposed Budget as amended. ORDERED on the motion of Councillor Diodati, seconded by Mayor Salci that the report be approved. Motion Carried with Councillors Kerrio, Thomson and Fisher opposed. TS- 2008 -15 - Chief Administrative Officer - Proposed Adjustment to Parking Fines 1. Council approve the proposed adjustment to set fines; 2. That staff forward the attached schedule to the Ministry of the Attorney Generals's Office for approval; and 3. That Council forward a resolution to the Regional Municipality of Niagara requesting that they adjust their set fines to align with the proposed adjustments outlined in this report. As well, that they eliminate the voluntary payment option. ORDERED on the motion of Councillor loannoni, seconded by Mayor Salci that the report be approved as recommended. Carried Unanimously * * * ** ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that Council listen to the Board of Museums presentation next followed by the capital budget presentation. Carried Unanimously Presentation by the Board of Museums - 3 - February 25, 2008 Council Minutes Don Jackson, Board member and Kathy Powell, Museum Manager made a brief presentation outlining expansion plans for the Lundy's Lane Historical Museum and how these plans fit with War of 1812 bicentennial initiatives. The costs and the timelines of the project were outlined. It is hoped that matching Federal and Provincial funds will be sought and available. Jon Neuert, Architect, Baird Sampson Neuert, gave a brief presentation on the concept plan for the Lundy's Lane Historical Museum proposed expansion. ORDERED on the motion of Mayor Salci, seconded by Councillor Wing that the proposed expansion to the Lundy's Lane Historical Museum be referred to the 5 year capital budget forecast for consideration. Motion Carried with Councillor loannoni opposed. Capital Budget The Chief Administrative Officer made a brief powerpoint presentation on the proposed 2008 Capital Budget. ORDERED on the motion of Mayor Salci, seconded by Councillor Diodati that the capital budget discussions be deferred to a future strategic planning meeting. Motion Carried with Councillors Wing, loannoni, Fisher and Kerrio opposed. ORDERED on the motion of Councillor loannoni, seconded by Mayor Salci that staff investigate and report back on possible funding opportunities for Grade Separation for the future strategic planning session. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that an update on the consultants roads and infrastructure report be provided for the future strategic planning session. Carried Unanimously Miscellaneous CAO- 2008 -01 - Chief Administrative Officer- Council Strategic Priorities 2007 -2010 It is recommended that this report be received for information. ORDERED on the motion of Mayor Salci, seconded by Councillor Kerrio that the report be received for information. Carried Unanimously * * * * * ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the Corporate Services meeting be adjourned at 9:35 p.m. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to Jim Maves, a Niagara Transit Employee, on the recent loss of his step- father William Miller. Mayor Salci advised of some recent events: Bill Clark, a long time employee of the City for 33 years has announced his retirement; St. Michael's High School held its 3rd Annual Valentine's Day Semi Formal, the Bowl for Kids Sake fundraiser which was a huge success and the Niagara Falls Civic Convention Centre has announced their executive team. - 4 - February 25, 2008 Council Minutes Mayor Salci advised of upcoming events: Doctor Appreciation Week, the 6 Annual Strike Out Violence Bowling Tournament, the Niagara Entrepreneur of the Year Awards, the Community Kitchen Fundraising Dinner being held at St. Ann's Parish and enhanced Public Skating Services throughout March Break. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Doctors Appreciation Week - requesting that the week of February 25 -29, 2008 be proclaimed as " Doctor Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the consideration of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves thatthe communication be approved. Carried Unanimously 2. Canadian Forces Recruiting - Request permission to fly a CF -18 Canadian Fighter aircraft for the Niagara Falls 2008 Canada Day celebrations. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimously 3. Composition of Regional Council - Information from the City Clerk regarding Council's previous positions on composition at the Region. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Niagara Falls City Council reconfirms its position from 2003 on Regional Council size and ask the Region to consider representation by contribution. Carried Unanimously 4. Fresh Air Fund - requesting that March 20, 2008 be proclaimed as "Fresh Air Fund Day" in the City of Niagara Falls. RECOMMENDATION: For the consideration of Council 5. Epilepsy Niagara - requesting the month of March be proclaimed as "Epilepsy Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the consideration Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the communications be approved. Carried Unanimously * * * ** REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on February 25,2008 be approved. Carried Unanimously 1. The minutes of the February 11, 2008 meeting be approved as amended. 2. TS- 2008 -07 Corwin Avenue - Traffic Operation Review That the following report be received for the information of Council. - 5 - February 25, 2008 Council Minutes 3. TS- 2008 -08 - Garner Road between Mountain Road and Warner Road - Speed Limit Review That the existing 80km /h speed limit on Garner Road between Mountain Road and a point 350 metres south of Warner Road be reduced to 60km /h. 4. TS- 2008 -16 - Royal Manor Drive at Windsor Crescent Intersection Control Review 1. That a stop sign be installed at the intersection of Royal Manor Drive at Windsor Crescent (east intersection) facing northbound motorists. 2. That the Niagara Regional Police provide enforcement of the 50 km /h speed limit on Royal Manor Drive, when resources permit. 3. That staff undertake follow -up speed studies in 6 months to determine the effectiveness of Police enforcement. RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services Committee, on February 25, 2008 be approved. Carried with Councillor loannoni opposed to item #4. 1. F- 2008 -10 2008 - Municipal Utility Budget That the 2008 Municipal Utility Budget be approved pending possible amendments after Council receives the Loudon Report. 2. F- 2008 -11 - 2008 General Purposes Budget That the 2008 General Purposes Budget be approved. 3. TS- 2008 -15 - Proposed Adjustment to Parking Fines That the report be approved. 4. That the proposed expansion to the Lundy's Lane Historical Museum be referred to the 5 year capital budget forecast for consideration. 5. That the capital budget discussions be deferred to a future strategic planning meeting. 6. That staff investigate and report back on possible funding opportunities for Grade Separation for the future strategic planning session. 7. That an update on the consultants roads and infrastructure report be provided for the future strategic planning session. RATIFICATION OF " IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Maves, seconded by Councillor Diodati that: 1. That Council direct Legal Counsel to continue to proceed with the OMB hearing date scheduled for May 5th and continue to have discussion with the appellants. Carried with Councillor Fisher opposed. - 6 - February 25, 2008 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. TS- 2008 -17 - Dorchester Road (Mary Ward School) Traffic Operations Review It is recommended that this report be received for the information of Council. ORDERED on the motion of Councillor Diodati, seconded by Councillor Wing that a flashing amber light be installed at Dorchester Road. Carried Unanimously TS- 2008 -18 - Supply of Four City Buses - RFP #PO1 -2008 It is recommended that RFP# P01 -2008 for the Supply of four City Buses be awarded to City View Bus Sales Ltd. at an upset limit of $1,546,024.00 and that the Mayor and the Clerk be authorized to execute the necessary agreements. ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously MW- 2008 -13 - Consultant Fee Amendment Kalar Road Reconstruction Project - Delcan and Watermain and Sanitary Sewer Inspection - Philips Engineering It is recommended that the Delcan Consulting Services Agreement be amended to reflect the completion of additional design requirements beyond the original scope of works at an upset limit of $39,945; and That the Philips Engineering Consultant Inspection Agreement be amended to reflect the additional time necessary to complete the sewer construction inspection at an upset limit of $54,535.00 MW- 2008 -15 - Contract # 2008 - 186 -06, First Avenue Underground Services and Road Reconstruction from Morrison Street to Maple Street, Huron Street Underground Services and Road Reconstruction from Victoria Avenue to First Avenue. It is recommended that the unit prices submitted by the lowest tender Provincial Construction be accepted; and That preapproval be granted for the contract amount from the 2008 Capital Budget; and that the Mayor and City Clerk be authorized to execute the necessary agreement. TS- 2008 -13 - Ramp Retrofit of Four City Buses - RFP #Q04 -2008 It is recommended that RFP #Q04 -2008 for the supply and installation of four accessibility ramps be awarded to Mississauga Truck and Bus Collision at an upset limit of $102,309.28 and that the Mayor and the Clerk be authorized to execute the necessary agreements. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the reports on the reports be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2008 -29 A by -law to permit the expansion of an apartment dwelling development and to repeal By -law No. 2000 -182. 2008 -30 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. 2008 -31 A by -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provided for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2008 -32 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25 of February, 2008. ORDERED on the motion of Councillor Pietrangelo, seconded by Diodati that the by -laws be read a second and third time and passed. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the meeting be adjourned at 10:05 p.m. - 7 - February 25, 2008 Council Minutes DEAN 10 IDA,� CLERK R.T. (TED) SALCI, MAYOR