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02/14/2017 SECOND MEETING REGULAR COUNCIL MEETING February 14, 2017 Council met on Tuesday, February 14, 2017 at 4:30 p.m. in a Closed Meeting related to the items noted in the resolution below. All members of Council were present, except Councillors loannoni and Kerrio. CAMPBELL — STRANGE THEREFORE BE IT RESOLVED that on February 24, 2017 at 4:30 p.m., Niagara Falls City Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m., to consider a matters that fall under s. 239(2)(c), a proposed disposition of land pertaining to River Lane, and s. 239(2)(f) advice that is subject to solicitor-client privilege related to 4239 Huron Street. Council met on Tuesday, February 14, 2016 at 5:15 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor loannoni and Kerrio were present. Emma Bishop sang the National Anthem. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the minutes of the January 24, be approved. Carried Unanimously Councillor Morocco indicated a pecuniary interest with cheque numbers 399897 and 400516 made payable to her spouse and a conflict to Niagara Falls Tourism report all from the January 24th, 2017 meeting, the meeting which she was absent. * * * * * DISCLOSURE OF PECUNIARY INTERESTS Councillor Campbell declared a conflict with Communication # 7 on the agenda, related to the District School Board of Niagara. As his wife is a Board Member. * * * * * PROPERTY MATTERS L-2017-02 Permanently Close and Declare Surplus Part of River Lane The report recommends that in the event that Council determines that it is in the public interest to do so, that part of River Lane, lying between Philip Street and John Street, designated as Part 1 on the draft Reference Plan attached to this Report as Attachment "1", be permanently closed and declared surplus to the City's needs; and That the Mayor and Clerk and City Solicitor, be authorized to take whatever steps and sign whatever documents are required to carry out Recommendation 1 above. Council Minutes February 14, 2017 Eugenia Pitre, representing her father, a Philip Street resident, wanted to understand the process, the next steps in the development and possible impacts. It was explained by the City Solicitor that the matter this evening is strictly related to the closing of part of river Lane and possible, related sale. There is no re-zoning application and any change to approvals already associated with the lands would have to come before Council with notification as per the Planning Act. ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the recommendation report be approved. Carried Unanimously RATIFICATION OF "IN CAMERA MATTERS" ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the recommendations contained in the following be approved, as follows L-2017-03 Proposed Conveyance of City Owned Lands, Part of River Lane 1. Council finds that Part 1 on the draft Reference Plan attached to this Report as Attachment "1", being a portion of River Lane lying between Philip Street and John Street, in the City of Niagara Falls, is surplus to the requirements of the City of Niagara Falls, the said Part 1 (the "subject lands") will be conveyed to the abutting landowner, Time Development Group Inc., in Trust, for the purchase price of $12,000.00, conditional upon the following terms: a. That the City retain an easement over the subject lands, if needed; b. That prior to transferring the lands, the City convey an easement over the subject lands in favour of Enbridge Gas Distribution, if needed; c. That prior to transferring the lands, the City convey an easement over the subject lands in favour of Niagara Peninsula Energy, if needed, or in the alternative, that prior to transferring the subject lands, the City instruct Niagara Peninsula Energy to remove their distribution equipment within the subject lands, thereby foregoing the necessity of conveying an easement to Niagara Peninsula Energy; and d. That prior to transferring the lands, the City convey an easement over the subject lands in favour of Bell Canada, if needed, or in the alternative, that prior to transferring the subject lands, the City instruct Bell Canada to remove their distribution equipment within the subject lands, thereby foregoing the necessity of conveying an easement to Bell Canada; and e. That prior to the conveyance of the subject lands, the purchaser resolve the encroachment on the subject lands caused by the fence associated with 4434 Philip Street. 2. That the Mayor and Clerk and City Solicitor, be authorized to take whatever steps and sign whatever documents are required to carry out Recommendation 1 above. Carried Unanimously BUDGET MATTERS Councillor Pietrangelo chaired the budget meeting at 5:35 p.m. The Director of Finance made presentation regarding the Capital, Operating and Traffic budgets. 2 Council Minutes February 14, 2017 ORDERED on the motion of Councillor Morocco, seconded by Mayor Diodati that the capital budget be approved with the F.J. Miller and Ontario Street Parks and the Speed Message Boards (McLeod Road Crosswalk) in the Tab 10 pre-approved from the OLG funding. Carried Unanimously ORDERED on the motion of Mayor Diodati, seconded by Councillor Campbell that the operating and parking budgets be approved. Motion Carried With Councillor Craitor opposed. Councillor Pietrangelo stepped down as Chair. DEPUTATIONS/ PRESENTATIONS 7:00 RM. Outstanding Achievement Julianne Miszk was recognized for her inspiration and outstanding achievements in cross-country. Mayor Diodati presented her with an award and gift from the City. Councillor Pietrangelo vacated Council Chambers. Komedy for Kidneys ORDERED on the motion of Councillor Strange, seconded by Councillor Thomson that Council purchase a table for the event. Carried Unanimously Councillor Pietrangelo returned to Council Chambers. Women's Place Amanda Braet, Development Director, will requested use of the Gale Centre for the 2018 Book Riot event. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that Council provide a grant equal to the rental fees for the 2018 event. Carried Unanimously Heritage Week Town Crier Patrick Siriani did a cry outlining the events associated with Heritage Week. ORDERED on the motion of Councillor Morocco, seconded by Councillor Strange that the week of February 20 — 26, 2017 be proclaimed as "Heritage Week". Carried Unanimously 3 Council Minutes February 14, 2017 Community Cats ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Pam Brown from Community Cats be allowed to address Council. Carried Unanimously Pam Brown, Community Cats, outlined her group's efforts to deal with the feral cat population in the City. Unfortunately, the group has lost their space and is looking for 200 sq. ft. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the matter be referred to staff and the group be provided with information on funding availabilities in the community. 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. BDD-2017-01 — Foreign Investor Paid Business Missions The report recommends that Council deal with the investor funded trips for Mayor and Senior staff on a case by case basis. ORDERED on the motion of Councillor Campbell, seconded by Councillor Strange that the report be approved as recommended. Carried Unanimously CD-2017-01 — Ranked Ballots The report recommends that Niagara Falls City Council not consider ranked ballots for the 2018 Municipal Election. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the repot be approved as recommended. Motion Carried With Councillor Craitor opposed. BDD-2017-02 — 2018 Ontario Small Urban Municipalities (OSUM) Conference The report recommends that Councillor Morocco, and any other Council member interested, be approved to attend this year's OSUM conference. MW-2017-02 — Front Street Dock License Agreement Renewal The report recommends that Council approve the renewal of the Front Street Dock License with OPG and Further that the Mayor and Clerk be authorized to execute the necessary documentation. R&C-2017-05 — MYAC Teen Mental Wellness Project The report is recommended for the information of Council. 4 Council Minutes February 14, 2017 ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that the remainder of the reports on the Consent Agenda be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati advised of the winners of the "Love my City Contest": Steven Czipo and Sandra Thornhill were co-winners. Mayor Diodati advised of upcoming events: Community Outreach Dinner and the State of the City address at the Niagara Falls Chamber of Commerce luncheon. Mayor Diodati extended condolences to the family of Luigi Siranni, retired city employee, Antonio Mongelluzzo, father of Amato Mongeluzzo from Municipal Works Dept. and Romeo Volpatti, brother-in-law of Selina Volpatti, Regional Councillor. * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Regional Municipality of Niagara/ City of St. Catharines — communications regarding Double Direct representation. RECOMMENDATION: That Council approve the motion recommended by staff opposing Double Direct representation. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the recommendation be approved. Carried Unanimously ORDERED on the motion of Councillor Craitor, seconded by Councillor Pietrangelo that staff investigate on live streaming of the Council meetings. Carried Unanimously 2. Fire Department— a copy of the Department's annual report. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Campbell, seconded by Councillor Morocco that the report be received. Carried Unanimously 3. Mayor's Youth Advisory Committee — requesting 50 cent rides on Niagara Falls Transit for March Break. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved. Carried Unanimously 5 Council Minutes February 14, 2017 4. Autism Ontario — requesting a flag raising on April 3, 2017 and proclaiming of April 2, 2017 as "Autism Awareness Day". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the requested be approved. Carried Unanimously 5. Conseil Scolaire Viamonde School Board — requesting the Franco-Ontarian flag be raised on September 23, 2017. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Craitor, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 6. Fresh Air Fund — requesting that March 20, 2017 be proclaimed as "Fresh Air Fund Day". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that the request be approved. Carried Unanimously 7. District School Board of Niagara — requesting a contribution of $500,000 toward their artificial turf fields. RECOMMENDATION: Refer to Staff. .ORDERED on the motion of Councillor Strange, seconded by Councillor Thomson that the City approve a contribution up to $500,000 contingent upon the A.N. Myer turf field including baseball, football, soccer and rugby. Councillor Campbell Conflict Councillor Pietrangelo AYE Councillor Craitor NAYE Councillor Strange AYE Councillor loannoni Absent Councillor Thomson AYE Councillor Kerrio Absent Mayor Diodati AYE Councillor Morocco NAYE Motion Carried RESOLUTIONS PIETRANGELO — CAMPBELL - THEREFORE BE IT RESOLVED that Niagara Falls City Council considers Livestock, and related fundraisers, as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously 6 Council Minutes February 14, 2017 BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 2017-15 A by-law to appoint the Official Town Crier for the City of Niagara Falls. 2017-16 A by-law to provide for the adoption of Amendment No. 122 to the City of Niagara Falls Official Plan (AM-2016-015). 2017-17 A by-law to amend By-law Nos. 79-200 and 2010-133, to add a six storey, 150 unit retirement home as a permitted use on the Lands, subject to the removal of a holding (H) symbol (AM-2016-015). 2017-18 A by-law to establish Parts 2, 3, 6 and 7 on Registered Plan 59R-7977 as a public highway to be known as, and to form part of, Charnwood Avenue. 2017-19 A by-law to establish certain lands as apublic highway to be known as, Y 9 Y and to form part of, Huggins Street. 2017-20 A by-law to hereby authorize the execution of an Ontario Transfer Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Tourism, Culture and Sport for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") related to funding through the Ontario 150 Partnership Program to implement a teen mental wellness project. 2017-21 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, through highways, stop signs at intersections). 2017-22 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. 2017-23 A by-law to permanently close part of a highway. 2017-24 A by-law to declare part of Lane, Plan 294, Town of Niagara Falls Lying Between Philip Street and John Street, designated as Part 1 on Reference Plan 59R-15770, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. 2017-23 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of February, 2017. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading. Carried Unanimously 7 Council Minutes February 14, 2017 * * * * * NEW BUSINESS Community Gardens ORDERD on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the request by the Niagara Falls Community Health Centre for community gardens in the Downtown be referred to staff. Carried Unanimously Niagara Parks Commission ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that Council petition the Province to fill the two vacancies on the Commission with locals knowledgeable of the parks and tourism industry. Carried Unanimously In Camera ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the matter of breach of In Camera matters be referred to staff. Carried Unanimously Bingos ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that staff review the provision of bingo events. Carried Unanimously * * * * * OREDERED on the motion of Councillor Strange, seconded by Councillor Campbell that the meeting be adjourned at 8:30 p.m. Carried Unanimously * * * * * U(P-- • DEAN IORFID , CIT CLERK JAMES DIODATI, MAYOR 8