Loading...
2011/11/28 EIGHTEENTH MEETING REGULAR COUNCIL MEETING November 28, 2011 Council met on Monday November 28, 2011 at 4:30 p.rn, in an In Camera session. Council did rise and report. All members of Council, except Councillor Wing, were present. Council met on Monday, November 28, 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 Mayes that the minutes of November 14, 2011 be approved as printed. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated an indirect pecuniary interest to cheque no. 350025, a tax refund made payable to a member of his family. Councillor loannoni indicated a indirect pecuniary interest with cheque no. 349772, made payable to her spouse. Councillor Morocco indicated a pecuniary and indirect pecuniary interest to cheque. 439510 made payable to her spouse and to cheque no. 3490744 made payable to her company. Councillor Pietrangelo indicated a conflict to refund made to the school board, his employer. Mayor Diodati indicted a pecuniary interest to cheque no. 349746, made payable to himself. * * * ** DEPUTATIONS/ PRESENTATIONS Heartland Forest Dan Bouwman from Heartland Forest addressed Council on a recent fundraiser and the Rick Hansen 25 Anniversary Relay. Mr. Bouwman was very thankful to be a part of the community and encouraged others to give back. Biodegradable Water Bottle Stephen Widderington and Jim Manz, J.W. Shasky, were present to introduce Redleaf, a 100% biodegradable bottle that contains artisan water and takes only 25 days to degrade. A brochure was provided to Council and staff for information and background on the company. Tony Stirpe, Breakaway Sports, vendor at the Gale Centre, felt the ban on plastic bottles at the Gale Centre was not diverting plastics, as most plastic bottles brought into the facility are thrown into the garbage. The result has hurt of the ban has merely hurt their small business. The Redleaf bottle would be helpful to their business. - 2 - November 28, 2011 Council Minutes Andrea Worster and Connor Bitter, Co- Chairs of the Mayor's Youth Advisory Committee, made a brief power point presentation to Council outlining the committee's continued support for the elimination of the sale of beverages in plastic bottles in City facilities. Frank Fohr, Park in the City Committee, recognized that more could be done to educate the public and out of town sports teams on the ban and the time it takes for plastic to decompose. He pointed out that the City became a leader by instituting the ban and other sporting groups in the community have adapted. Clark Bitter questioned whether an independent third party had verified the Redleaf claims. -AND- R & C- 2011 -16 - Chief Administrative Officer Plastic Bottled Beverages The report recommends the following: 1. That Council reconfirms its decision from February 23, 2009, to eliminate the sale of all plastic beverage bottles at City owned facilities, municipal buildings, and recreation facilities, a position endorsed and supported by the Park in the City Committee and the Mayor's Youth Advisor Committee. 2. That staff develops strategies to improve public awareness and promotion of availability of City tap water and alternatives to single use plastic bottled beverages. ORDERED on the motion of Councillor loannoni, seconded by Councillor Gates that 1. That Council reconfirms its decision to eliminate the sale of all plastic beverage bottles at City owned facilities, municipal buildings, and recreation facilities and report back on the ban's effectiveness to date; and 2. That staff develops strategies to improve public awareness and promotion of availability of City tap water and alternatives to single use plastic bottled beverages; and 3. That staff report back on the possible use of the biodegradable water bottle; and 4. That staff report back on recycling, water filling stations and the use of glass bottles at the Gale Centre; and 5. That staff meet with and work with the food service provider at the Gale Centre. Carried Unanimously * * * ** TRAFFIC MATTERS Public Meeting TS- 2011 -46, Transit Routing Ad Hoc Advisory Committee, Revised Routing and Scheduling Structure The report recommends that the following: 1) That the Transit Routing Ad Hoc Advisory Committee's Revised Routing and Scheduling Structure recommendations, be approved. 2) That the Capital and Operating budgets required for implementation of the revised routes and schedules for September 2012, as outlined in this report and the financial implications related to increase the service levels to 30 minutes, be referred to 2012 Operating and Capital Budget deliberations for consideration of the Committee's Five Year Implementation Plan. - 3 - November 28, 2011 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the portion of Route 5, routed through Paddock Trail Drive, Preston Avenue and Brookdale Drive, be re- routed via Kalar Road. Carried Unanimously The Manager of Transportation made a presentation to Council, outlining the Transit Revised Routing and Scheduling Structure. Marlene Pearce, 2875 Dorchester Road, indicated that all six members of her household rely on public transit . The system is unreliable, often requiring them to walk home late at night. She asked that Council invest in transit during these economically difficult times. Eleanor MacVeigh, 4157 Drummond Road, advised that she is a day to day transit user and as a single female, she is often alone at bus stops waiting in undesirable areas of town. Tommy Anello, 6375 Balmoral Drive, uses the bus to commute to Niagara College and the hourly bus frequencies need to improve. Connor Bitter, representing the Mayor's Youth Advisory Committee, was pleased that the proposal did engage the youth. An improved system would be beneficial to all the students. Sandy Bird, 6995 Ailanthus Avenue, representing the Mayor's Disability Advisory Committee, indicated that improving Transit shows that we have a caring community. Sylvana Sgro, 28 - 7470 Monastery Drive, advised that she is legally blind and she expressed the struggles she experiences using the transit system. She asked that Council show that the residents matter and change the system to make it work for everyone. Will Parent, VP Brock University Students Union, supports the proposal as it will benefit his students and increase inter -city travel. Lisa Baldo indicated that she has lived throughout the world, including smaller communities that had better transit systems. Don Scott, 8029 Thomas Street, expressed the difficulties for his daughter and himself taking transit now that service to Sodom Road was lost. He was agreeable to using the TransCab service. Hilda Fair, member of the Mayor's Disability Advisory committee, advised that she has always used bus transit, as she does not qualify for para- Transit. She wants to be independent. The scheduling of the current system makes that difficult. Kimberly Simons, 4033 Buckley Avenue, looks after young children. The Transit system is not accessible to various amenities for children, like the Children's Art Gallery and various parks. Richard Bell, 4687 Morrison Street, is dependent on Transit to get to his job. He would like to see an improved service. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously * * * ** - 4 - November 28, 2011 Council Minutes TS- 2011 -38 - Chief Administrative Officer - Tender for Supply of Services for Snow Plowing, Sanding /Salting of Municipal Properties The report recommends the following: 1. That Express Roofing be awarded the contract for the supply of services for snow ploughing of parking lots designated in Area 1; That Warden Construction be awarded the contract for the supply of services for sanding /salting of parking lots designated in Area 1 2. That Express Roofing be awarded the contract for the supply of services for snow ploughing of parking lots designated in Area 2; That Warden Construction be awarded the contract for the supply of services for sanding /salting of parking lots designated in Area 2 3. That Warden Construction be awarded the contract for the supply of services for snow ploughing of parking lots designated in Area 3; That Warden Construction be awarded the contract for the supply of services for sanding /salting of parking lots designated in Area 3 4. That Sacco Construction be awarded the Snow hauling contract conditions for Area 1 and Area 2 as being the lowest bidder of this process 5. That the City enter into agreements with the successful bidders for the salting /sanding and snow ploughing of municipal parking lots as well as hauling snow when required for a 3 -year term, from 2011 -2014 in accordance with tenders RFT19 -2011 and RFT20 -2011. 6. That the Mayor and City Clerk be authorized to execute the necessary agreements. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that RFT19 -2011 (Snow Ploughing and Hauling) be cancelled with the existing contract being extended an additional year, that RFT20 -2011 (Salting and Sanding) be awarded to Warden Construction and that the Mayor and City Clerk be authorized to execute the necessary agreements. * * * ** Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Councillor Janice Wing on the passing of her mother, Eva Wing. Mayor Diodati advised of some recent events: "Pasta for Prostate Cancer" fundraiser, the Chamber of Commerce Outstanding Business Achievement Awards, the Santa Claus Parade and the 25 Anniversary Relay of Rick Hansen's Man in Motion World Tour. Mayor Diodati advised of some upcoming events: the Gale Centre will unveil a new piece of public art, a hockey sculpture, donated by Ironworks Niagara and an orientation session for the Snow Buddies program. * * * ** COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Scotiabank Convention Centre - requesting an amendment to the City's by -law (2011 -51), prohibiting smoking upon or within any land or buildings owned by the Corporation of the City of Niagara Falls, to allow three(3) designated smoking areas on the SCC property. RECOMMENDATION: For the consideration of Council. - 5 - November 28, 2011 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the request be approved. Motion Carried with Councillors gates and Morocco opposed. 2. Celebrating Downtown - requesting relief of costs and extension of the Noise by- law for the Candlelight Stroll. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved. Carried Unanimously 3. Costello Productions - requesting consideration for a new City Parade Float. RECOMMENDATION: Refer to staff. ORDERED on the motion of Councilor Pietrangelo, seconded by Councillor Kerrio that the communication be referred to staff. Carried Unanimously 4. Regional Municipality of Niagara - requesting endorsement of Brock University's strategy to secure financial support for a business incubator. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be referred to staff. Carried Unanimously 5. Town of Niagara -on- the -Lake - requesting support of a resolution for a moratorium on hydraulic fracturing and treatment of wastewater within the Great Lakes Basin. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Mayes, seconded by Councillor Gates that the request be approved. Carried Unanimously 6. Family Literacy Day - requesting January 27, 2012 as "Family Literacy Day ". RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the request be approved as recommended. Carried Unanimously 7. Director of Transportation Services - recommending 1) That the two hour free parking zone be enforced on Bridge Street between Erie Avenue and River Road on a regular basis. 2)That a one month grace period during the month of December 2011 be instituted as a transition to pay parking. 3)That monthly parking rates be phased -in over first six months to those who currently utilize Bridge Street to park all day effective January 1, 2012. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the recommendations be approved. Carried Unanimously * * * ** - 6 - November 28, 2011 Council Minutes REPORTS FINANCIAL MATTERS 1. CD- 2011 -16 - Chief Administrative Officer - 2012 Council Schedule The report recommends that Council approve the 2012 Council Schedule. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the report be referred to staff. Carried Unanimously 2. MW- 2011 -54 - Chief Administrative Officer - Sidewalk Winter Maintenance Service Request and Policy Review The report recommends the following: 1) That the existing sidewalk plow routes be revised to accommodate new sidewalks, and 2) That existing sidewalks that do not meet the City's Winter Maintenance Policy be removed. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the recommendations from the "In Camera" meetings from November 14, 2011 and November 28, 2011 be approved. CAO- 2011 -14 - Optimist Park Property 1. Council confirm its decision to protect the Morrison Street Corridor for future development of a flyover. 2. Council confirm that the City owned lands (Morrison Street extension) are not surplus to the needs of the City and will be retained. 3. Council reject the River Realty offer. 4, That an update on the Recreation Master Plan be referred to the 2012 Capital Budget. 5. That the rehabilitation of current ball diamonds be referred to the 2012 Capital Budget. Carried Unanimously L- 2011 -24, Refuse of Tenders of Surplus City Land 1. That the Offer to Purchase for Part 3 on Reference Plan 59R- 14430, being the parking lot located on the north side of Frederica Street across from the Stamford /Jack Bell Arena, from Enzo Muraca for the purchase price of $131,000.00 be declined. 2. That the Offer to Purchase for Part 3 on Reference Plan 59R -14430 from Ralph Biamonte Jr. for the purchase price of $61,000.00 be declined. 3. That the Offer to Purchase for Part 2 on Reference Plan 59R- 14430, being the Stamford /Jack Bell Arena, from VanderWeyden Construction for the purchase price of $5.00 be declined. 4. That the Offer to Purchase for Part 2 on Reference Plan 59R- 13537, being the land - 7 - November 28, 2011 Council Minutes north of McLeod Road and west side of Montrose Road, from Nicolino Maruca for the purchase price of $32,000.00 be declined. 5. That staff report back on costs of demolition of the Niagara Falls Memorial Arena and the Stamford /Jack Bell Arena. 6. That further efforts to advertise the properties be curtailed until such time as the real estate market appears to improve. 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 -57 - Banking Agreement Extension. The report recommends that Council approve staff's recommendation to exercise the option to extend the term of the banking agreement for an additional four years. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved Motion Carried with Councillor Gates opposed. ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo that the meeting go past 11:00 p.m. Motion Carried with Councillors Thomson and loannoni opposed. F - 2011 - 53 - Interest Rate Penalty. The report is recommended for the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously MW- 2011 -56 - Consultant Appointment - Engineering Services, Spring Street Reconstruction - Stanley Avenue to West Limit. The report recommends that the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Kerry T. Howe Engineering Limited for the design of the road reconstruction and services for Spring Street between Stanley Avenue and the West Limit for the upset limit of $48,550.00 excluding HST. ORDERED on the motion of Councillor Gates, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously TS 2011 - 47 - Residential Convenience Pass Program Extension. The report recommends that Council approve the continuation of the Residential Convenience Pass program. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously - 8 - November 28, 2011 Council Minutes BDD 2011 - 13 - Former CP Rail Bridge Demolition Agreement. The report recommends Council authorize staff to extend the current CP Rail Bridge demolition agreement with CP for an additional five (5) year period - December 31, 2011 to December 31, 2016. F 2011 - 54 - Cancellation, Reduction or Refund of Taxes, Under Section 357 and 358 of The Municipal Act, 2001. 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 - 55 - Monthly Tax Receivables Report. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F - 2011 - 56 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $28,566,901.26 for the period September 29, 2011 to November 9, 2011. FS 2011 - 07 - Mutual Assistance Agreement. The report recommends that Council approve the implementation of the Mutual Aid Assistance Plan. MW 2011 - 55 - Downtown Revitalization Project Update. The report is recommended for the information of Council. MW 2011 - 59 - RFQ60 - 2011, Supply and Install Galvanized Steel Beam Guide Rail. The report recommends the following: 1. That Councils award the contract to Highway Clearing & Guardrail Fencing Ltd. to complete the installation of guide rails at various locations in the City of Niagara Falls with an upset cost of $115,056.60 inclusive of HST. 2. That Council authorize the Mayor and Clerk to sign the contract agreement. PD- 2011 -83 - CB & FIG -2011 -006, Commercial Building & Facade Improvement Grant, 5828 -5836 Ferry Street. Jim Mingle, Kerri Mingle & Patti Folkmer. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 5828 -5836 Ferry Street, subject to the owners 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. PD- 2011 -84 -CB &FIG -2011 -010, RPL- 2011 -002 & RG- 2011 -002, Commercial Building & Facade Improvement Application Residential Loan Application, Revitalization GrantApplication. 2268321 Ontario inc. (Fred Procopio) 4238 -4240 Bridge Street. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant, the Residential Property Loan and Revitalization Grant for 4238 -4240 Bridge Street, subject to the owner satisfying the program requirements including the entering into agreements with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreements. TS 2011 - 48 - Transit Agreement with Brock University Student's Union (BUSU). The report recommends he following: 4. That Niagara Falls Transit services be provided to full -time Brock University students for the January through April 2012 Winter Semester. 5. That Niagara Falls Transit service is extended to Brock University in St. Catharines. 6. That the Municipality enter into a four -month agreement with Brock University Student's Union to provide the service at full cost recovery. - 9 - November 28, 2011 Council Minutes 7. That the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the remainder of the reports on the consent agenda be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be given a first reading. Carried Unanimously 2011 -143 A by -law to amend By -law No. 79 -200, to facilitate the construction of a recreational facility on part of the Lands, protect a wooded gully on part of the Lands and to permit a portion of the parking required for the recreation facility to be provided off -site on other Lands. (AM- 2011 -011) 2011 -144 A by -law to authorize the payment of $28,566,901.26 for General Purposes. 2011 -145 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 -146 A by -law to authorize the execution of a Mutual Assistance Agreement between the municipalities of the Niagara Region. 2011 -147 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of November, 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 Carried Unanimously NEW BUSINESS Stanley Avenue ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff facilitate a meeting with Regional Traffic staff regarding the median on Stanley Avenue behind the Hilton and Four Points. Carried Unanimously Overhead Beacon at Centre Street and Ellen Avenue ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the matter of the movement of the overhead beacon at Centre Street and Ellen Avenue be referred to staff. Carried Unanimously Thorold Stone Road Extension ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the proposed extension be named Terry Fox Way. Carried Unanimously * * * ** - 10 - November 28, 2011 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the meeting be adjourned at 11:30 p.m. Carried Unanimously * * * ** DEAN IORFID CITY CLERK AMES M. DIODATI, M OR