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2011/06/13 TENTH MEETING REGULAR COUNCIL MEETING June 13, 2011 Council met on Monday, June 13, 2011 for the purpose of considering Regular Business matters in Council Chambers at 6:30 p.m. All members of Council were present. Councillor loannoni offered the Opening Prayer. * * * ** ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the minutes of May 30, 2011 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Maves indicated a pecuniary interest in report L- 2011 -12. Councillor Kerrio indicated a pecuniary interest in the new business item related to Refreshment Vehicles. * * * ** DEPUTATIONS/ PRESENTATIONS Mayor's Youth Advisory Committee Aaron Bailey and Yashvi Shahi, members of the Mayor's Youth Advisory Committee updated Council on the various events the Committee did over the school year. Shannen's Dream Wes Prankard a local youth made a presentation and showed a brief video to Council informing them of this his fundraising efforts to build a playground for First Nation children in Attawapiskat. Council members provided a donation and Wes' efforts will be highlighted on the City's website. Italian Heritage Month Sarah Vazquez and Sue Forcier, of the organizing committee, informed Council of the Italian Heritage Month festivities scheduled for Club Italia on Sunday, June 26. Niagara to GTA Corridor Study John Slobodzian, Ministry of Transportation, Project Coordinator and Patrick Puccini, Consultant Assistant Project Coordinator, URS Canada Inc. updated Council on the draft recommendations and next steps for the Niagara to GTA Corridor Study. ORDERED on the motion of Councillor Morocco, seconded by Councillor Wing that Council reiterate its' past support for year round GO Commuter service to the City of Niagara Falls by 2015. Carried Unanimously -2- AM- 2011 -03, 4709 Dorchester Road Victor Muratori, agent for the applicant, River Realty, requested that the matter AM- 2011-03 be brought back to Council for the requisite public meeting for July 18, 2011. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the public meeting for AM- 2011 -03, 4709 Dorchester Road be scheduled for July 18, 2011. Carried Unanimously * * * ** WATER/ WASTE WATER MATTERS 1. MW- 2011 -14 - Water and Wastewater Service Delivery Review Region of Niagara - The report recommends that the City of Niagara Falls not support the Terms of Reference as presented, but instead recommends, that if a study is to be undertaken, the Terms of Reference be expanded to include a more comprehensive analysis of all practical service delivery models, and further that, The study process involve a steering committee, comprising elected officials from each Area Municipality, and a technical advisory committee, comprising municipal staff from Area Municipalities, to facilitate the collection of the necessary data and to ensure transparency, accuracy and objectivity. Regional Councillor Selina Volpatti indicated that the current terms of reference is bias towards consolidation of services, that the amount allocated is insufficient to do a through study and that she will protect the interests of the local taxpayer. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that Council approved the recommendation report. Carried Unanimously * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences on behalf Council to Karl Dren, Director of Transportation Services, on the passing of his father, Max. Mayor Diodati outlined the following, recent events: the Federation of Canadian Municipalities (FCM) conference held in Halifax, attended by himself and Councillors loannoni and Morocco, and the Employee Excellence Breakfast. He provided information on the effect the possible postal disruption may have on the delivery of tax bills. Mayor Diodati advised that the Mayor's Youth Advisory Committee will be receiving an Environmental Award from the Region and he provided an update on the Live Right Now weight -loss challenge. Councillor Maves vacated the Council Chambers. * * * ** COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Korean Businessmen's Association - requesting the sale of beer and wine in convenience stores. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the request be received and filed. Carried Unanimously Councillor Maves returned to the Council Chambers. -3- * * * ** REPORTS P3 Canada 1. MW- 2011 -25 - Niagara Falls Soccer Club Indoor Facility Proposal - The report recommends that the City support the Niagara Falls Soccer Club proposal in principle; and, that the City's contribution be limited to in -kind services and technical support; and, that staff be directed to submit an application to the P3 Canada Fund and to continue investigating other possible grant and revenue opportunities. Tim Chamberlain, President, Niagara Falls Soccer Club is in favour of the P3 application but in light of the timing for approval they are requesting that the City contribute the $1 million possible under the program until a decision on the application has been made. In addition, they are requesting the waiver of development charges, building permit fees and site plan processing fees. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the City support the Niagara Falls Soccer Club proposal in principle, that the City contribute in -kind services, technical support and grants equal to the waiver of fees requested, that staff be directed to submit an application to the P3 Canada Fund and to continue investigating other possible grant and revenue opportunities and that the Region be requested to waive their applicable development charges fees. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the City commits $1 million to the project, subject to the success of the P3 application. Motion Carried with Councillors loannoni and Wing opposed. 2. MW- 2011 -26, P3 Canada Fund Applications - the report recommends That staff be directed to prepare and submit applications for Round Three of the P3 Canada Fund for the following projects, which are listed in no particular priority; • Fruitbelt Parkway Road Reconstruction Project • Mewburn Road Bridge Replacement Project • Lundy's Lane Gateway /Walkway Project • Chippawa Boat Dock Project • Niagara Falls Soccer Club Indoor Facility • Sylvia Place Market /Transit Terminal and that Council approve the related resolutions. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the recommendation report be approved and the City solicit private sector projects for this and subsequent intakes of the P3 Canada program. Carried Unanimously -AND - NO. 24 - 29 PIETRANGELO - IOANNONI THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Sylvia Place Market and Bus Terminal, Niagara Falls Soccer Club Indoor Facility Proposal, Fruitbelt Parkway Road Reconstruction Project, Mewburn Road Bridge Replacement Project, Lundy's Lane Gateway /Walkway Project and Chippawa Boat Dock Project as a projects for consideration under the P3 Canada Fund. Carried Unanimously -4- * * * ** 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 -26 - 2011 Debentures. The report recommends that Council request the Region of Niagara to issue debentures on behalf of the City of Niagara Falls totalling $3,776,686. F- 2011 -27 - Major Receivables (May). The report recommends that Council receive the Monthly Tax Receivables report for information purposes. ORDERED on to motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the reports be approved as recommended. Carried Unanimously MW- 2011 -06 - Fruitbelt Parkway Reconstruction Project, Cotton Construction Development Agreement. The report recommends that the Mayor and City Clerk be authorized to execute a Development Agreement with Cotton Construction Inc. for the reconstruction of Fruitbelt Parkway. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously PD- 2011 -33 - CB &FIG - 2011 -001, Commercial Building & Facade Improvement Grant Application, Aleksandra Stojanovic & Damir Trninic, 5725 Robinson Street. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 5725 Robinson 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 funds from the Historic Drummondville CIP Reserve be used to pay the grant for this application. 3. That the Mayor and Clerk be authorized to sign and execute the agreement. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the report be approved and that staff bring back a report regarding the status of the CIP funds in the Historic Drummondville CIP. Carried Unanimously PD- 2011 -38 - Matters Arising from Municipal Heritage Committee. The report recommends the following: 1. That Council approve the alteration /restoration projects and grants for the following designated properties: (a) Earl Thomas House, 6320 Pine Grove Avenue, owners Len and Angela Inkster, for the cost of painting of the sunroom and south gable end of the house. (b) Doran /Marshall /Burke House, 4851 River Road, owners Gary and Carolyn Burke, for the cost of repairs to the cedar shingles on the carriage house. -5- 2. That Council approve the addition of the property at 5021 Garner Road to the Municipal Register of Heritage Properties. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the report be approved as recommended. Carried Unanimously R & C- 2011 -10 - Request to Name Section Four of the Millennium Trail. The report recommends that Council approve the recommendation of the Recreation Committee to name section four of the Millennium Trail in honour of Paisley Janvary -Pool. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously BDD- 2011 -05 - Scotiabank Convention Centre Design Build. The report is recommended for the information of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously * * * ** ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that Council enter into an In Camera session to receive legal advice regarding L- 2011 -12 in Committee Room 1. Carried Unanimously L- 2011 -12 - General Insurance and Risk Management Program RFP. The report recommends that the City enter the Ontario Municipal Insurance Exchange ( "OMEX ") Insurance Reciprocal and contract with OMEX for insurance coverage for a premium of $1,454,622.00. ORDERED on the motion of Councillor Morocco, seconded by Councillor Wing that the General Insurance and Risk Management Program RFP be cancelled. Carried Unanimously with Councillor Maves declaring a pecuniary interest. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that staff negotiate with the City's current provider, Frank Cowan Company Ltd., to provide insurance for a one -year term. Carried Unanimously with Councillor Maves declaring a pecuniary interest. RESOLUTIONS NO. 30 MOROCCO - PIETRANGELO THEREFORE BE IT RESOLVED the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. NO. 31 MOROCCO - PIETRANGELO THEREFORE BE IT RESOLVED that the Canadian Veterans National Rendezvous is a community event deserving of City Council support. * * * ** -6- 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 -77 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Taxi Stands, Yield Signs at Intersections, Pedestrian Crossing Prohibited.) 2011 -78 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) 2011 -79 A by -law to amend By -law 98 -226, being a By -law to designate an area as an Improvement Area and to establish for such area a Board of Management. 2011 -80 A by -law to authorize the execution of an Agreement with Meridian Credit Union and Kate S. Durdan Public School respecting the Adopt -A- Street /Park /Trail public service program for volunteers. 2011 -81 A by -law to authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry ") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided by the Province of Ontario (the "Province ") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program 2011 -82 A by -law to authorize the execution of an Agreement with Hemson Consulting Ltd. respecting Development Charges Peer Review Agreement. 2011 -83 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13 day of June, 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 FCM Conference ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes that staff report on allocating money in future budgets to allow attendance at the 2012 and 2013 FCM conference, in light of Niagara Falls hosting in 2014. Carried Unanimously Refreshment Vehicles ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff report back on the possibility of an ice cream stand on private property in the Fallsview area. Carried Unanimously with Councillor Kerrio declaring a pecuniary interest. -7- G8 Spending ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff get a report back on if any of the money diverted to the GM summit affected border security, where the money was allocated to. Carried Unanimously * * * ** ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the meeting be adjourned at 10:15 p.m. Carried Unanimously * * * ** im) - DEAN IORFID CITY CLERK JAMES M. DIODATI, AYOR