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2008/06/09Council met on Monday, June 9, 2008 at 4:00 p.m. in an In Camera Session. All members of Council were present. Mayor Salci presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. Council met on Monday, June 9, 2008 at 7:20 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Kerrio offered the Opening Prayer. Councillor loannoni exited chambers. Councillor loannoni returned to chambers. ELEVENTH MEETING IN CAMERA MEETING REGULAR COUNCIL MEETING ADOPTION OF MINUTES Committee Room 2 June 9, 2008 ORDERED on the motion of Councillor Mayes, seconded by Councillor Fisher that the minutes of May 12, 2008 and May 26, 2008 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a pecuniary interest to cheque no. 319551 made to the Niagara Parks Commission where a member of her family is employed. Mayor Salci indicated a pecuniary interest to cheque no. 315973 made payable to himself. Councillor loannoni indicated a pecuniary interest to cheque no. 319666. DEPUTATIONS/PRESENTATIONS Cavendish Manor Fire Chief Lee Smith provided Council with a brief summary of the events that transpired at the Cavendish Manor Fire. He advised that this was a phenomenal rescue and commended the firefighters, residents and all agencies that assisted in the rescue. Mayor Salci and Fire Chief Smith recognized and presented plaques to the following residents for their assistance in the evacuation of residents at the Cavendish Manor Fire. Bill Butson, Donovan Demarco, Mike Nixon, Tom Nixon and Bruce Pritchard. A request was made to move By -law 2008 -99 to the beginning of the agenda. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the by -law be given a first reading. Carried Unanimously - 2 - June 9, 2008 Council Minutes 2008 -99 A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision on the north side of Lundy's Lane, between Garner Road and Beechwood Road. (AM- 45/2006) ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the by -laws be read a second and third time and passed. Carried Unanimously CORPORATE SERVICES COMMITTEE AGENDA Councillor Pietrangelo presided as Chair for the Corporate Services meeting. Capital Budget ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that reports CPS - 2008 -06, Garner Southwest and Grassy Brook Sanitary Service Areas, and L- 2008 -15, Borrowing for Capital Expenditures, be deferred until the next meeting. Carried Unanimously CPS - 2008 -05 - Chief Administrative Officer - 2008 -2012 Capital Budget It is recommended that the 2008 -2012 Capital Budget be approved as amended. ORDERED on the motion of Mayor Salci, seconded by Councillor Diodati that all Category 1 Capital Budget projects be approved. Carried Unanimously ORDERED on the motion of Mayor Salci, seconded by Councillor Thomson that the Morrison Street Rail Grade project be put on hold. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the renovations of Fire Station 3 be put on hold. Motion Carried with Councillor Thomson opposed ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the traffic calming expenditures be removed from Category 2. Carried Unanimously ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that all Category 2, Low Priority items be removed with the exception of Warren Creek Watershed project. Carried Unanimously ORDERED on the motion of Councillor Maves, seconded by Mayor Salci that all High Priority, Category 2 projects in Municipal Works be approved. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that all High Priority, Category. 2 projects in the Fire budget be approved. Carried Unanimously ORDERED on the motion of Councillor Maves, seconded by Councillor Thomson that the expenditures for the command vehicles be deferred to 2009. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that all Medium Priority, Category 2 Municipal Works projects, with the exception of the Morrison Street Railway separation, be approved with an amendment to reduce the new vehicle replacement by $ 1 million in 2008. Motion Carried with Councillors Thomson and Pietrangelo opposed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the Warren Creek Watershed in Category 2 remain in the Capital Budget. Carried Unanimously - 3 - June 9, 2008 Council Minutes ORDERED on the motion of Councillor Maves, seconded by Councillor Wing that the Medium and High Priorities under Traffic Services be approved. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Fisher that the Medium and High Priorities under Parks & Rec be approved. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the Armoury expenditures be deferred and be brought back to Council for approval on an as required basis. Councillor Maves exited Chambers. Councillor Maves returned to Chambers. Mayor Salci returned as Chair. Motion Carried with Councillor Thomson ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Committee accept the Category 3 projects as future items that will be brought back and prioritized in subsequent years, including projects that had been put off tonight. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Mayor Salci that CPS - 2008-05 be received and filed. Carried Unanimously CPS - 2008 -02 - Chief Administrative Officer - Niagara Falls Board of Museums Legacy Project. It is recommended: 1. That the Niagara Falls Board of Museums "Lundy's Lane Battlefield Legacy Project" be endorsed by the Committee; 2. That the Committee commit, in principle, up to $2 million in the Capital Budget; and 3. That Council send a letter of support for this project in the 2008 -2012 Capital Budget to the Board of Museums. Gord West, provided Council with an overview of the Capital expansion and renovation of the Lundy's Lane Historical Museum. He indicated that the objective of the Museum is to create a visitor centre on the Lundy's Lane Battlefield that will provide a market -ready tourism product in time for the Bicentennial War of 1812 as well as preserve the community's story in an expanded building. He felt this was a good investment for the City. Don Jackson, expressed his excitement for the project. He advised that Council's support and approval is an essential first step before an official approach can be made to secure funding from the federal and provincial governments and the private sector. The Legacy project must be operational by June 2012, the beginning of the War of 1812 Bicentennial celebrations. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the recommendations contained in CPS - 2008 -02, Niagara Falls Board of Museum Legacy Project, be approved. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci acknowledged some recent events: the downtown festival "Springlicious "took place, the Mayor's Youth Advisory Committee had their final event of the school year, the City Wide Student Film Festival, Tim Horton's Camp day was held June 4 June 7 was the 125 Anniversary of Fairview Cemetery, and the 7 Annual Matthew Daniele Memorial Golf Tournament took place this past weekend. Mayor Salci advised of some upcoming events: 55 Annual Rose and Flower Show will take place June 12' at the Niagara Falls Public Library, June 14' will be the Friendly Foes Above the Falls Air Show and June 18' will be the "Senior Star" competition at 4555 Queen Street. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. City of Welland - request that the City of Niagara Falls waive the $492.23 building permit associated with the application at 13952 Morris Rd in Cooks Mills. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Council approve a grant equal to the building permit fee. Carried Unanimously 2. Minister Responsible for Seniors - requesting that the month of June be proclaimed as Seniors Month in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be approved. 3. Main and Ferry BIA Budget - 2008 -2009 Annual Budget RECOMMENDATION: For the Approval of Council - 4 - June 9, 2008 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be approved. REPORTS Carried Unanimously Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisherthat the actions taken in Community Services Committee, on June 11,2008 be approved. Carried Unanimously 1 . The minutes of the May 26, 2008 meeting be approved. 2. MW- 2008 -31 Niagara Falls Pollution Control Plan and CSO Abatement Strategy - Final Report - June 2008 1. That Council adopt the recommendations set out in the Niagara Falls Pollution Control Plan and CSO Abatement Strategy (June 2008) and that staff prepare a coordinated construction schedule and financing plan for the future implementation of the recommended works. - 5 - June 9, 2008 Council Minutes 2. That staff be directed to advertise the Notice of Study Completion in accordance with the requirements of the Environmental Assessment Act. 3. That all public attending the Public Information Sessions be notified. 3. MW- 2008 -34 Main Street Environmental Assessment That staff prepare a report on the feasibility of reopening Main Street. 4. That staff prepare a report on the Lot Grading By -law. 5. That staff investigate controlling dust on Fourth Avenue near the new Four Pad Arena site. 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. BDD- 2008 -03 - New Year's Eve Broadcast. It is recommended that $ 150,000 of the OPG tourism marketing funding be allocated toward a three -year commitment of the televised New Year's Eve (NYE) event in Queen Victoria Park. CD- 2008 -08 - Ombudsman Investigations. It is recommended for the information of Council F- 2008 -24 - Municipal Accounts. It is recommended that Council approve the municipal accounts totalling $23,659,504.62 for the period April 24, 2008 to May 21, 2008. MW- 2008 -33 - Tender #2008 -02 - Sidewalk and Concrete Repair City Wide. It is recommended 1. That the unit prices submitted by the lowest tenderer Sacco Construction be accepted; 2. That pre - approval be granted for the contract amount from the 2008 Capital Budget; and 3. That the Mayor and City Clerk be authorized to execute the necessary agreement. PD- 2008 -54 - 26CD -11- 2006 -05 (Revised) Draft Plan of Vacant Land Condominium , Mountainview Homes, Thundering Waters Village. It is recommended 1. That the Plan of Vacant Land 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 Thomson, seconded by Councillor Wing that the reports on the Consent agenda be approved as recommended. Carried Unanimously 2008 -95 2008 -97 2008 -98 2008 -100 BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. A by -law to establish Part Lot 9 Plan 326 Niagara Falls designated as Part 3 on Reference Plan 59R -13699 as a public highway, to be known as and to form part of Rosedale Drive. 2008 -96 A by -law to authorize the payment of $ 23,659,504.62 for General Purposes. 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) A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Limited Parking, Parking Prohibited, Stopping Prohibited, Speed Limits on Highways - (Part 4 - 80 Km /h) HeximerAvenue). A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling. (AM- 2008 -003) 2008 -101 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9 day of June, 2008. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. NEW BUSINESS OLG Lands in Victoria Avenue / Centre St Area ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that a resolution be sent to the OLG and the member of Provincial Parliament to take responsibility for the maintenance of their property on the former rail line right of way. Carried Unanimously Brochure Racks - 6 June 9, 2008 Council Minutes Carried Unanimously Carried Unanimously Councillor Thomson outlined the difficulties that Niagara Falls Tourism has had securing rack space at the Gateway Tourist Niagara Information Centre in Grimsby. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the Region investigate the matter and resolve the issue as quickly as possible. Carried Unanimously Niagara Falls Humane Society ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that a letter of appreciation be sent to Mr. Domenic DiLalla, President at the Niagara Falls Humane Society for his action in saving some horses. Congratulations ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that a letter be sent to Niagara This Week reporter Rob Lapansee and his wife on the birth of their recent child. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the meeting be adjourned at 9:55 p.m. DEAN 10 IDA, CITY CLERK - 7 - June 9, 2008 Council Minutes Carried Unanimously Carried Unanimously Carried Unanimously R.T. (TED) SALCI, MAYOR