Loading...
2011/04/04 SIXTH MEETING REGULAR COUNCIL MEETING April 4, 2011 Council met on Monday, April 4, 2011 at 5:30 p.m. in Committee of the Whole in Committee Room #2. An In Camera session commenced at 6:15 p.m. The Council did rise and report from the March 21' and April 4 In Camera session. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:35 p.m. All members of Council were present. Councillor Pietrangelo offered the Opening Prayer. * * * ** ADOPTION OF MINUTES ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the minutes of March 21, 2011 be approved. Carried Unanimously Councillor Wing clarified her preference that the Arts & Culture Committee be merged with the Niagara Falls Museums Advisory Board. A motion to that effect was not seconded. * * * ** DEPUTATIONS /PRESENTATIONS Order of Ontario Mayor Diodati congratulated Wilma Morrison, local resident and a lifelong promoter of Niagara's Black history for recently receiving the Order of Ontario and presented her with a certificate on behalf of the City. Niagara Community Foundation Liz Palmieri, Executive Director, and Maria Menechella, made a presentation to Council to inform them of the Niagara Community Foundation and recent local recipients. The Foundation promised to share future bulletins on their activities. Mayor's Youth Advisory Committee Aaron Bailey and Yashvi Shah, representatives of the Mayor's Youth Advisory Committee enlightened Council of the committee's recycling initiative for the City. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that staff work with the MYAC to implement the recycling initiatives. Carried Unanimously Coyote Watch Canada Mayor Diodati recognized Lesley Sampson and Jim Brown of Coyote Watch Canada for their assistance in dealing with coyotes in our community and presented Lesley with a certificate and gift on behalf of the City. -AND- -2- CD- 2011 -04 - Chief Administrative Officer - Anti - Feeding By -law. The report recommends that Council approve the Anti - Feeding By -law listed under the by -law section of the agenda. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously * * * ** PLANNING MATTERS PD- 2011 -19, Chief Administrative Officer - Street Name Change Request, Roberts Street (between Stanley Avenue & Bender Street) and Falls Avenue (Bender Street to Hiram Street). The report recommends that Council authorize staff to proceed with renaming Roberts Street, between Stanley Avenue and Bender Street, as Falls Avenue and with renaming Falls Avenue, between the Custom's Plaza and John Street, as North Falls Avenue. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that members of the public be permitted to speak. Carried Unanimously Doug Birrell, representing Canadian Niagara Hotels, indicated the name change is in keeping with the Roberts Street improvements, making the road a true gateway into the community. Identifying it as Falls Avenue would be beneficial to the travelling public. He indicated that the post office only needs a postal code, which will not change with the proposed street name change. Joe Fortino, 5160 Roberts Street, is opposed to the proposed name change of Roberts Street. His family has lived on the street for many years. There will be a cost to him with no benefit. Anthony Valeri, 5209 Roberts Street, is not in favor of the proposal and addressed the issues he had with the costs involved in changing various legal documents and forms of identification. Bob Wilson, 4869 Roberts Street, echoed the other concerns and pointed out that the road had been proposed to be changed to Rainbow Bridge Freeway in the past. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the matter be deferred for staff to meet again with the residents and report back on possible costs to the residents. Motion Carried with Councillor Wing opposed. * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to Joe Corradi, a Transit employee, on the passing of his father -in -law, William Walker, to the family of Nancy Galella, who recently passed away, as she was the wife of retired City employee, Frank Galella and the sister of Steve Toth, a City employee, also to Lisa Hackner, a city employee, on the passing of her mother. Mayor Diodati advised of recent events: Jr. B Canucks won their series against Port Colborne, the Vice Chairman of China recently visited, Karley Kerrio, Councillor Kerrio's daughter, was crowned Miss Club Italia and the Mayor's Youth Advisory student forum was held. -3- Mayor Diodati advised of upcoming events: Opening of the Scotiabank Convention Centre and Ontario Early Years Literacy Day. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Garry Beck - requesting a grant equal to the staff costs of $300 for the road closure associated with a RCAFA parade on May 15th. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the request be approved. Carried Unanimously 2. Regional Municipality of Niagara - requesting input from Council on the application by Commisso's for a tourist exemption under the Retail Business Holiday's Act. RECOMMENDATION: That Council support the application. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the request be approved as recommended. Carried Unanimously 3. City Clerk - Council consider whether to have a meeting on May 2 the date of the Federal election. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the May 2 2011 Council meeting be cancelled. Carried Unanimously 4. Niagara Falls Community Health Centre - Request that the last week of April be proclaimed as " Community Health Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the communication be approved. Carried Unanimously * * * ** ELECTION MATTERS NO. 19 - IOANNONI - WING THEREFORE BE IT RESOLVED that Niagara Falls City Council supports the City's motion to the Ontario Superior Court of Justice seeking relief from s. 80(2) of the Municipal Elections Act; and FURTHER BE IT RESOLVED that Niagara Falls City Council supports the will of the local electorate for James M. Diodati to be the Mayor of the municipality; and FURTHER BE IT RESOLVED that Niagara Falls City Council supports James M. Diodati as their head of council. Carried Unanimously with Mayor Diodati declaring a pecuniary interest. -4- ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the Province be petitioned to provide a grace period and appeal mechanism for filing violations under the Municipal Elections Act, the Form 4 Financial Statement for election expenses be returned to the former format and the Ministry of Municipal Affairs & Housing develop a candidate's guide to filling out the Form 4. Carried Unanimously 1. CD- 2011 -06 - Chief Administrative Officer - Notice of Default. The report is recommended for the information of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be received for information. Carried Unanimously * * * * Councillor Pietrangelo Chaired the Budget meeting at 8:30 p.m. REPORTS 2011 Budget 1. F- 2011 -13 - Chief Administrative Officer - 2011 Permissive Grants. The report recommends: 1. That Council commit to phase out all permissive grants not considered "core services" of the Corporation over a four (4) year period commencing in 2011. 2. That no new funding requests be considered during 2011 or during the phase out period. 3. That Council approve transitional funding of $363,076 to the grant agencies for 2011 as outlined in Chart 2. 2. F- 2011 -14 - Chief Administrative Officer - Fees for Service The report recommends: 1. That Council approve all fee for service agencies the same amounts for 2011 as was provided in 2010, except for the Niagara Falls Illumination Board which will receive $38,550 and the Niagara Falls Public Library which will receive $3,729,274. 2. That Niagara Falls Badminton Club and Niagara Falls Lawn Bowling Club be removed from the Fee for Service list and placed on the Grants list. 3. That the Niagara Falls Horticultural Society and the Niagara Falls Concert Band be removed from the Grants list and placed on the Fee for Service list. 4. That staff develop formal agreements with each agency before the commencement of the 2012 Budget deliberations. Todd Harrison, Director of Finance, made a brief powerpoint presentation outlining the 2011 General Purposes Budget. Elizabeth Zimmerman, YWCA, outlined the impact of losing funding would do to their organization. Ms. Zimmerman asked that Council consider the YWCA as a Fee for Service and sustain the grant requested. Deborah Attenborough, Niagara Falls Art Gallery, stressed the importance of receiving this grant. The Niagara Falls Art Gallery also consists of the Niagara Falls -5- Children's Museum, the Niagara Youth Gallery and providing arts & culture services. Ms. Attenborough requested that Council consider moving the NF Art Gallery as a fee for Service. Ruthann Brown, representing Women's Place, asked Council to reconsider any grant cuts and stressed the extreme need for the funds. She provided clarification on their reserve funds. Brian Pellow, Project SHARE, indicated that the organization has received a 26% cut from the Region. He expressed the opinion that having reserves is more an indication that the organization follows sound financial principles. Motion made by Mayor Diodati to approve the City impact tax at 1.59, no seconder. Motion Failed. * * * ** ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati to approve the proposed budget reductions. Motion Carried with Councillors Wing, loannoni and Morocco opposed. * * * ** ORDERED on the motion of Councillor Gates, seconded by Councillor Mayes for reconsideration to accept the blended increase to the tax rate of 1.59 %. Motion Carried with Councillors Wing and loannoni opposed. * * * ** ORDERED on the motion of Councillor Gates, seconded by Mayor Diodati that Council accept the blended increase to the tax rate of 1.59 %. Motion Carried with Councillors Kerrio, loannoni and Wing opposed. * * * ** RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that the recommendations from the "In Camera" meeting from March 21s 2011 (Item #1) and April 4 2011(Item #2) meeting be approved. Carried Unanimously with Councillor Kerrio declaring a conflict to # 1 1. BDD- 2011 -01 Reallocation of Falls Shuttle Operating Costs to the VTS That Council approve the operating model between the BIA's and the NPC as outlined in the report and the reallocation of the Falls Shuttle net operating costs of $400,000 annually to the Visitor Transportation System (VTS) 2. L- 2011 -07 Oswald House Fence Issue That, in the event council wishes to secure the cooperation of the Owners of 2922 St. Paul Avenue to assist in the restoration of the historic Oswald House fence, the Mayor and Clerk be authorized to execute the Agreement that has been signed by those Owners on or about March 21, 2011 * * * ** -6- RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the actions taken in the Committee of the Whole Committee, on April 4, 2011 be approved. 1) The Committee of the Whole minutes of the March 21, 2011 be approved. 2) REPORTS: a) R & C- 2011 -17 That Council approve the Sport Tourism Policy effective May 1, 2011 b) TS- 2011 -18 Transit Fare Increase Proposal 1) That Council endorse the proposed five year plan for Transit Fare revisions as outlined in Schedule 'A'. 2) That the revisions to the Conventional Service fares come into effect July 1St 2011 and the revisions to the Falls Shuttle Fares come into effect on May 1S , 2011. 3) That the Commission for the sale of Conventional fare media be increased from 2% to 3% and that the sale of Falls Shuttle fare media be decreased from 10% to 5 %, effective May 1S 2011. Carried Unanimously * * * ** 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- 2011 -10 - Major Receivables Monthly (February). The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F- 2011 -11 - Annual Statement of Remuneration & Expenses for Members of Council and Commissions. The report is recommended for the information of Council FS- 2011 -03 - Amendment to User Fee By -law for Fire Prevention & Suppression. The report recommends that Council approve the report initiating amendments to the User Fee by -law for fire prevention and suppression services. MW- 2011 -17 - Easement Agreement with Region of Niagara Seneca Street Pump Station Generator Building. The report recommends that the Mayor and Clerk be authorized to execute an Easement Agreement with the Region of Niagara to access the control building for the Seneca Street Pumping Station for nominal consideration. PD- 2011 -17 - Official Plan Amendment No. 91, Deletion of Market studies as Requirements. Modifications to the Amendment. The report recommends that Council advise the Region that it does not support the modifications to Official Plan Amendment No. 91. -7- PD- 2011 -18 - Proposed Deeming By -law, Lot 18 Registered Plan NS -25. Owners: Samuel & Theresa Barclay. The report recommends that Council pass the by -law appearing on tonight's agenda to deem Lot 18, Registered Plan NS -25 to no longer be within the registered plan of subdivision. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the reports on the Consent Agenda be approved as recommended. Carried Unanimously * * * ** BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be given a first reading. Motion Carried Councillor Wing opposed to By -law 2011 -38. 2011 -37 A by -law to discourage the feeding of coyotes. 2011 -38 A by -law to amend By -law No. 79 -200, to recognize an existing triplex dwelling on the Lands. (AM- 2010 -013) 2011 -39 A by -law to designate Lot 18, Plan NS -25 to be deemed not to be within a registered plan of subdivision. (DB- 2011 -001) 2011 -40 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Yield Signs at Intersection ) 2011 -41 A by -law to establish Block 17 on Registered Plan 59M -233 as a public highway, to be known as and to form part of Matthews Drive. 2011 -42 A by -law to authorize the execution of an Agreement with the Steckley Family & Friends respecting the Adopt -A- Street/Park/Trail public service program for volunteers. 2011 -43 A by -law to hereby authorize the Mayor and Chief Administrative Officer to execute an Amending Agreement under the Infrastructure Stimulus Fund 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 -44 A by -law to hereby authorize the Mayor and Chief Administrative Officer to execute an Amending Agreement under the Recreational Infrastructure Canada Program in Ontario between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Infrastructure and the Minister of Health, Promotion and Sport, and the Corporation of the City of Niagara Falls. 2011 -45 A by -law to establish an unnamed street on Plan 260 Village of Chippawa lying north of Sarah Street as a public highway, to be known as and to form part of Ives Gateway. 2011 -46 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4th day of April, 2011. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. Motion Carried Councillor Wing opposed to By -law 2011 -38. * * * ** ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the meeting go past 11:00 p.m. Motion Carried with Councillors Thomson and loannoni opposed. -8- ***** ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 11:10 p.m. Carried Unanimously t41, DEAN IORFIDA, CITY CLERK MES M. DIODATI, MAYOR