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2013/01/08FIRST MEETING REGULAR COUNCIL MEETING January 8, 2013 Council met on Tuesday, January 8, 2013 at 4:30 p.m. for an In Camera session. All members of Council, except Councillor Pietrangelo, were present. NO. 37 - MAVES - MOROCCO - THEREFORE BE IT RESOLVED THAT on January 8, 2013 Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter of 239(2)(d), labour relations. Following consideration of the items presented, the In Camera Session did not rise and report in open session. Council met for the purpose of considering Budget Matters in Council Chambers at 5:00 p.m. followed by the Regular Business matters at 7:00 p.m. Councillor Maves offered the Opening Prayer. All members of Council, except Councillor Pietrangelo were present. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the minutes be approved as printed. No Disclosures. DISCLOSURES OF PECUNIARY INTEREST PRESENTATIONS Carried Unanimously Assistant Fire Chief Phil Ross made a presentation to Council addressing Emergency Management. BUDGET The Director of Finance provided Council with a 2013 budget overview for the Niagara Falls Public Library Board. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the proposed Library budget be referred to budget. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that report F- 2013 -06 from the Consent Agenda be moved forward. Carried Unanimously F- 2013 -06 - Budget Amendment for Library Project The report recommends that Council amend the 2012 Capital Budget for Library Project (Victoria Branch IT Phone System Upgrade) to the cost of $41,936 (excluding HST) ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the recommendation report be approved. Carried Unanimously - 2 - Council Minutes January 8, 2013 RECREATION MATTERS 1 R & C - 2013 -01, Parks, Recreation & Culture Strategic Plan Update The report recommends the following: 1 That Council approve the Parks, Recreation & Culture Strategic Plan Update. 2. And that capital project recommendations included in this Update are referred to future Capital budget processes. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff meet with Bill Miller, Slo Pitch National, and report back to Council. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously The Acting Director provided Council with a budget overview of the Recreation and Culture Department. Councillor Gates left the Council Chambers. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that Communication #1 be moved forward. Carried Unanimously Councillor Gates returned. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Memo from City Clerk - re: the Niagara District Airport Commission Agreement. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the Niagara District Airport Commission Agreement be approved. Councillor Wing NAYE Councillor Maves AYE Councillor Thomson AYE Councillor Kerrio AYE Councillor loannoni AYE Councillor Gates AYE Councillor Morocco AYE Mayor Diodati AYE Motion Carried Councillor loannoni exited Chambers. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that Communication # 2 be moved forward. Carried Unanimously Councillor loannoni returned to Chambers. - 3 - Council Minutes January 8, 2013 2. Yellow Shirt Brigade - requesting that Council sign and support a petition supporting Dr. Kevin's Smith's Final Report. RECOMMENDATION: For the Consideration of Council Joy Russell, Yellow Shirt Brigade, made a brief presentation related to the petition. She indicated that it would be inappropriate for Niagara falls City Council to modify the petition. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Thomson, seconded by Councillor loannoni that Council endorse the petition and distribute it throughout City facilities and on the website. Carried Unanimously ORDERED on the motion of Councillor Gates, seconded by Councillor Wing that the Mayor request a meeting with Dr. Kevin Smith of the NHS to discuss the Toss of pediatrics and maternity services. Carried Unanimously TRANSPORTATION SERVICES MATTERS The Director of Transportation and the Manager of Parking and Traffic made a brief presentation to Council outlining the parking component of the operating budget. 1. TS- 2013 -02, City Wide Parking Review The report recommends the following: 1) Approve the Rate Stabilization Plan and adopt in principal, the 10 -Year Parking Capital Infrastructure Program. 2) Undertake a service delivery review of the Parking Control Operation. 3) Evaluate Cash -in -Lieu Policy /Program to determine it's viability. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be deferred for staff to come back with a revised rate structure. Carried Unanimously 2. TS- 2013 -05, Downtown BIA - Various Transportation Requests The report recommends that the report be received for the information of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the report be deferred. Carried Unanimously The Director made a presentation on the parking component of the operating budget. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to David Brideau, a city employee, on the passing of his mother and to Jack Muraca, a city employee, on the passing of his grandfather, Giacomo Muraca. - 4 - Council Minutes January 8, 2013 Mayor Diodati mentioned recent events: the New Year's Eve show and the vigil for the victims of the Newton massacre. Mayor Diodati announced the Post Foods Billboard, "Shredded Wheat proudly made in Niagara Falls ", reminded residents of the Encumbrance By -law prohibiting shoveling snow onto City sidewalks and roads. He also encouraged individuals to volunteer as snow buddies. 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. PBD- 2013 -01 - Request for Extension to an Approved Revitalization Grant RGP- 01/2006, 4480 Bridge Street. Applicant: Joedy Burdett. The report recommends that Council reaffirm the date of June 25, 2014 for Mr. Burdett to complete the redevelopment of his property and be eligible for a Revitalization Grant. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report deferred. with Councillor Maves opposed Motion Carried PBD- 2013 -08 - Rooftop Photovoltaic Solar Projects. The report recommends that Council adopt the resolution for the small FIT solar panel projects at: • 6233 Kalar Road; • 6357 Kister Road; • 7389 Lundy's Lane; • 7429 Lundy's Lane; and • 4536 Portage Road. • Corner of Garner and Brown Roads A memo from Director of Planning and Development with additional address. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved Carried Unanimously F- 2013 -01- Major Receivables Monthly. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. PBD- 2013 -02 - Commercial Building & Facade Improvement Grant CB&FIG2012-003, 4729 Queen Street. Applicant: Jadon Inc. (Andrew Burt). The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4729 Queen 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 the Mayor and Clerk be authorized to sign and execute the agreement. PBD- 2013 -03 - Commercial Building & Facade Improvement Grant CB&FIG-2012-004, Mirella Florio (Mirella's Hair Studio) 4654 -4658 Queen Street. The report recommends the following: 1. That Council approve the Commercial Building and Facade Improvement Grant application (addition) for 4654 -4658 Queen Street subject to the owner satisfying the program requirements. - 5 - Council Minutes January 8, 2013 2. That the Mayor and Clerk be authorized to sign and execute the agreement. PBD- 2013 -04 - Commercial Building & Facade Improvement Grant Application. CB & FIG - 2012 -005, FIG - 2012 -005, Keefer Development . ( PhD Ritchie) 4554 Queen Street. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4554 Queen 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 the Mayor and Clerk be authorized to sign and execute the agreement. PBD- 2013 -05 - Commercial Building & Facade Improvement Applications CB &FIG- 2012 -006 and CB- FIG - 2012 -007. 1806157 Ontario Ltd. (Michael Romeo). The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Applications for 4670 and 4674 Park 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 the Mayor and Clerk be authorized to sign and execute the agreement. PBD- 2013 -06 - Commercial Building & Facade Improvement Application. CB &FIG 2012 -002, Suzanne Sider. 4699, 4703 and 4707 Queen Street. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4699, 4703 & 4707 Queen 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 the Mayor and Clerk be authorized to sign and execute the agreement. TS- 2013 -04 - Prospect Street - Parking Review. The report recommends that the existing parking restriction on the south side of Prospect Street from Portage Road to a point 205 metres west of Portage Road is extended by 120 metres to a point 325 metres west of Portage Road. TS -2013 - 06- Request for Tender RFT12 -2012, Site Improvements - Bus Maintenance & Storage Facility. The report recommends the following: 1. That Council award the contract for the necessary site improvements on the property of the new Bus Maintenance & Storage Facility to GEOSOLV Design /Build Inc. in accordance with RFT12 -2012. 2. That staff be authorized to sign the necessary purchase order and related documents associated with this contract. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the remainder of the Consent Agenda be approved as recommended. Carried Unanimously - 6 - Council Minutes January 8, 2013 RESOLUTIONS NO. 8 - THOMSON - IOANNONI - Therefore be it resolved that the Council of Corporation of the City of Niagara Falls supports an application to Regional Municipality of Niagara for the following sewer separation projects: Buckley Avenue and Queen Street to Park Street, North Street & Forsythe Street - Stanley Avenue to Slater Avenue, Desson Avenue, Buchanan Avenue, Slater Avenue - Kitchener Street to Spring Street, Riverview Park CSO Tank, Robinson Street - Main Street to Stanley Avenue, Crescent Rd - Dorchester Rd to Limit, and Sylvia Place - Peer Street to Ferry Street. Carried Unanimously NO. 9 - THOMSON - IOANNONI Therefore be it resolved that Niagara falls City Council supports a WaterSmart Niagara application for the Chippawa Boat Ramp dock expansion project. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the by -laws be given a first reading. Motion Carried with Councillor Wing opposed to 2013 -03 2013 -01 2013 -02 2013 -03 A by -law to amend By -law No. 79 -200, to change the zoning of the Lands to a site specific LI zone to permit a used car lot, recognize the existing lot configuration and building location and to reduce landscaped open space requirements. (AM- 2012 -012) A by -law to authorize the execution of an Agreement of Purchase and Sale with Richard Belzil and Barbara Belzil, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement with the City of St. Catharines and the Town of Niagara -on- the -lake, respecting the continuation of the Joint Municipal Services Board to provide for and facilitate the operation of the Niagara District Airport in compliance with the requirements of Transport Canada. 2013 -04 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of January, 2013. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the by -laws be given a second and third reading. with Councillor Wing opposed to 2013 -03 Motion Carried ORDERED on the motion of Councillor Mayes, seconded by Councillor loannoni that the meeting be adjourned at 9:00 p.m. Carried Unanimously DEAN IORFII A, CITY CLERK JAMES M. DIODATI, MAYOR