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2008/12/15Committee Room 2 December 15, 2008 Council met on Monday, December 15, 2008 at 5:45 p.m. in an In Camera Session. All members of Council were present. Councillor loannoni presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. TWENTY -THIRD MEETING IN CAMERA MEETING DEAN IORFI A, CY1 Y CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, December 15, 2008 at 8:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Thomson offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the minutes of December 1, 2008 be approved as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Mayes indicated a conflict to report F- 2008 -49, as it pertains to his place of employment. Councillor Wing indicated a conflict to report PD- 2008 -115, Proposed Changes to Planning Fees, as her spouse has a business relationship with an objector and in the future will be submitting a zoning application. Councillor loannoni declared a conflict on report PD- 2008 -101 from the meeting of November 17` 2008, the meeting she was absent from. Councillor loannoni also indicated a conflict with report PD- 2008 -115. Councillor Thomson indicated a conflict to report PD- 2008 -115. DEPUTATIONS /PRESENTATIONS Niagara Ice Dog Fundraising Game Bob Gale, Gales's Gas Bars, informed Council of the upcoming March 1s`, 2009 Ice Dogs game being held at the Niagara Falls Memorial Arena. Denise Burke, owner of the Niagara Ice Dogs advised Council of the related gala to be held at the Crown Plaza with all proceeds going to charity. - 2 - December 15, 2008 Council Minutes ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that the City purchase a table for the gala. Carried Unanimously Local Chinese Community Kim Craitor, MPP, on behalf of the Chinese Community, presented a cheque with Lloyd Chong and Michael Wong, members of the Chinese Community for $2500.00 to the City. The donation is in recognition of the Fairview cemeteries 125 anniversary and the Chinese Tree Memorial. The money will go toward the planting of several trees in the Fairview cemetery. * * * ** ORDERED on the motion of Councillor Diodati, seconded by Councillor Kerrio that report BDD- 2008 -05 be dealt with at this time. Carried Unanimously Chief Administrative Officer - BDD- 2008 -05 - Niagara Convention & Civic Centre Award of Design Build Contract. The report recommends that: 1. That Council authorize staff to designate the Bonfield Construction Company Limited as the preferred proponent for the design and construction of the Niagara Convention and Civic Centre. 2. That Staff negotiate with the preferred proponent, the Bondfield Construction Company Limited, to conclude the terms of a contract for the design and construction of the Niagara Convention and Civic Centre. 3. That, at the conclusion of negotiations, the Mayor and Clerk be authorized to execute the contract. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the report be approved as recommended. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci offered condolences to William Crabbe, a city employee, on the recent loss of his wife Irene and to Paula Babel, a city employee, on the passing of her uncle, Robert Fabris. Carried Unanimously Mayor Salci advised of some recent events: The City had a flag raising, in conjunction with being chosen as one of the cities hosting the Olympic Torch relay on December 20 and 21s 2009, the annual "Angels Everywhere" event at Christ Church and the 3r Annual Downtown Candle stroll. A brief video sent from by VANOC, the Vancouver Torch Relay Organization Committee was shown. Mayor Salci advised of some upcoming events: The Celebrate Old Downtown Ice Rink in front of City Hall is set to officially open this Thursday, December 18 2008. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Regional Municipality of Niagara - Report on Niagara Economic Development Corporation (NEDC). RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the communication be received and filed. Carried Unanimously - 3 - December 15, 2008 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff bring back a report on NEDC, including the number of employees and cost escalation for the corporation in the Region's budget. Carried Unanimously 2. Memo from City Clerk - on the recent denial of applications under the Retail Business Holidays Act at Regional Council. RECOMMENDATION: That Council approve the Resolution listed later on the agenda. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Wing that the communication be approved. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves to petition the province to allow Niagara Falls, a lower -tier municipality, to be the approval authority for tourist exemption requests for our community under the Retail Business Holidays Act. Carried Unanimously REPORTS Chief Administrative Officer - PD- 2008 -114 - City of Niagara Fas Regulating Nightclubs and Bars in the Historic Drummondville Area. The report recommends that Council authorize staff to process a zoning amendment for the Historic Drummondville area to regulate boards and nightclubs as outlined in the report. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that staff investigate the capacity levels under the bar definition. Carried Unanimously Chief Administrative Officer - TS- 2008 -67 - Supply of Four City Buses. The report recommends that RFP # P44 -2008, for the Supply of four City Buses be awarded to NOVABUS at an upset limit of $1, 874,988.00. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the purchase of 4 City buses be deferred until after the budget deliberations. Motion Carried with Councillors Thomson, Fisher, Maves and Wing opposed. Chief Administrative Officer - FS- 2008 -04 - Radio System Project Manager. It is recommended that the property tax accounts listed in this report be removed from the City's accounts. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the actions taken in Community Services Committee, on December 15, 2008 be approved. 1. The minutes of the December 1, 2008 meeting be approved. 2. TS- 2008 -43 Erwin Crescent Parking Review - 4 - December 15, 2008 Council Minutes That parking be restricted at all times on the west side of Erwin Crescent and around both sides of the turning basin. 3. MW- 2008 -74 Sign By -law Final Report That the by -law appearing on tonight's agenda being a by -law to prohibit or regulate the placing or erecting of signs, notices and advertising devices on public property within the City of Niagara Falls be approved. 4. R- 2008 -38 Encroachments and Fencing - Patrick Cummings Memorial Sports Complex 1. That all encroachments on the park land be removed from Patrick Cummings Memorial Sports Complex in accordance with the Parks By -law No. 71 -57 as amended. 2. That the installation of fencing at the back of residential properties on the west limit of Patrick Cummings Memorial Sports Complex at an estimated cost of $3,000 occur. 3. That chain link fencing at the East section of Patrick Cummings Memorial Sports Complex not be installed. 4. That staff meet with the residents on arriving at an agreement to maintain the drainage swale and deal with dead fall. 5. That staff prepare a report on the cost of directional signage to Patrick Cummings Memorial Sports Complex . RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the recommendations from the Corporate Services Committee, on December 15, 2008 be approved. Carried Unanimously 1. That the minutes of the December 1, 2008 meeting be adopted as recorded. 2. BBS- 2008 -06 Indexing of Building Permit Fees Effective January 1, 2009 That Council approve the increase in Building Permit Fees in accordance with the requirements fo Bill 124 by 8% effective January 1, 2009. 3. PD- 2008 -115 Proposed Changes to Planning Application Fees 1. That the proposed increases of the Planning Application Fees, as outlined in Appendix 1, be phased in with 25% occurring January 1, 2009, 25% occurring January 1, 2010, 25% occurring January 1, 2011 and the remaining 25% occurring January 1, 2012. 2. Commencing in 2010, staff will report annually to Council on any further changes required to the planning application fees. 3. That a notice be placed in the local newspaper informing the public of the change in fees for planning applications. 4. BDD- 2008 -04 OPG Marketing Fund - 5 - December 15, 2008 Council Minutes That Council allocate the $80,000 interest accrued in the OPG marketing fund account as follows: 1. $15,000 toward the December 2009 Olympic Torch Celebration - December 2009 2. $10,000 toward the Boundary Waters Treaty 100 Celebration - June 2009 3. $55,000 toward the New Year's Eve television broadcast to be spent in 2009 and 2010. 5. CD- 2008 -14 Review of Events and Activities Downtown in 2008 1) That Celebrate Old Downtown submit a master plan for events for 2009. 2) That the funding request by Dr. Lococo be received and filed. 3) That staff review CIP (Community Improvement Plan) application procedures. RATIFICATION OF IN CAMERA RECOMMENDATIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the recommendations from the "In Camera" meeting on December 15, 2008 be approved. 1. Council approve ratification of the amended Collective Agreement between the Corporation of the City of Niagara Falls and the Amalgamated Transit Union (ATU) and its Local 1582 from July 1, 2008 to December 31, 2009 by passing the by -law appearing on tonight's agenda. BUDGET PRESENTATION Ed Dujlovic, Executive Director of Community Services made a brief powerpoint presentation on the 2009 General Purposes Budget. ORDERED on the motion of Mayor Salci, seconded by Councillor Kerrio that Council and Senior staff (level 15 and above) freeze their wage increases for 2009. Carried Unanimously Carried Unanimously - 6 - December 15, 2008 Council Minutes 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- 2008 -46 - Treasurer's Write -Off. It is recommended that the property tax accounts listed in the report be removed from the City's accounts. F- 2008 -49- 2009 General Insurance Report. It is recommended that Council approve the 2009 Comprehensive Insurance Program from Frank Cowan Co. Ltd. at an annual premium of $1,083,319 (2008 - $1,073,354) plus taxes; and that Council approve the 2009 Volunteer Firefighters Accidents Insurance Program from AIG Commercial Insurance Company at an annual premium of $6,305 plus taxes. F- 2008 -50 - Renovation Update. It is recommended for the information of the Corporate Services Committee. HR- 2008 -06 - Non Union By -law (Overtime). It is recommended that Council support an amendment to the Non Union By -law, effective this winter season, which provides an overtime payment up to a maximum of one week to those supervisory staff who are called out for emergency situations. L- 2008 -43 - Withdrawal of Declaration of Surplus, Part of Block A, Plan M -67. It is recommended that Council approve the withdrawal of the declaration of surplus for Part of Block A on Plan M -67 ( "subject lands ") until such time as its future utility to the City is determined. L- 2008 -44 - Release of Subdivision of Subdivision Agreement, 6969 Oakwood Drive. It is recommended that the release of a Subdivision Agreement dated June 29,1962 and registered on title to the property known municipality as 6969 Oakwood Drive, shown hatched on Attachment "1 ", is hereby approved and authorized. L- 2008 -45 - Niagara Falls Hydro Holdi ng Corporation Annual Resolution. It is recommended that Council adopt the Resolution attached as Appendix "1", in its capacity as the Shareholder of Niagara Falls Hydro Holding Corporation; and that the Mayor be authorized to execute the Annual Resolution on behalf of Council, as the shareholder's representative, pursuant to the Shareholder Declaration dated March 5, 2007. MW- 2008 -71 - Tender 2009 -2011 Streetlight Servicing City Wide. It is recommended that the unit prices submitted by the low tenderer, Ground Aerial Maintenance Services Ltd., be accepted and the by -law be passed; and that the Mayor and City Clerk be authorized to execute the agreement. MW- 2008 -75 - Contract # 2007 - 177 -06, Extension of Three Phase Power to Montrose Business Park. It is recommended that the City enters into a cost - sharing agreement with Niagara Peninsula Energy Inc. to provide power to the Montrose Business Park at an upset limit of $125,000 (excl. GST); and that the Mayor and City Clerk be authorized to execute the necessary agreement. PD- 2008 -116 - 26CD -11- 2008 -08, Draft Plan of Condominium (Standard), 2634 St. Paul Avenue ( East Side), South of Mountain Road Owner: 1760018 Ontario Inc. o/a Meadow Creek Homes ( Andre Landendoen). It is recommended that: 1. The Plan of Condominium be draft approved subject to the conditions in the attached Appendix. - 7 - December 15, 2008 Council Minutes 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. PD- 2008 -117 - CB & FIG - 2008 -006, Commercial Building & Facade Improvement Grant 5990 Main Street, Applicant: Inez Antonio. It is recommended that Council approve the application for a Commercial Building & Facade Improvement Grant in the amount of $ 1,500, subject to meeting the program requirements including entering into an agreement with the City; and that the Mayor and Clerk be authorized to execute the grant agreement. R- 2008 -37 - Centennial Water Molecule at City Hall. It is recommended that: 1. That Council approve the Centennial Water Molecule installation be located at Centennial Park's northwest corner. 2. That the costs to relocate the water molecule be included in the 2009 operating budget of Parks, Recreation & Culture. 3. That an agreement with the Desjardins Asset Management, owners of the Acres Building, be prepared for Council's approval. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the reports on the consent agenda be approved as recommended. Carried Unanimously RESOLUTIONS NO. 36 - KERRIO - WING - therefore be it resolved that the Regional Municipality of Niagara show deference to the wishes of Niagara Falls City Council and reconsider and approve the applications for openings on statutory holidays for the three Niagara Falls businesses (Value Village, A &P Food Store and Home Depot). BY -LAWS ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the by -laws be given a first reading. Carried Unanimously 2008 -216 A by -law to authorize an Application General to amend the register to release an Agreement registered as Instrument Number AA75048. 2008 -217 A by -law to establish Part Lot 16 Concession 4 Willoughby designated as Part 4 on Reference Plan 59R -12773 as a public highway, to be known as and to form part of Ort Road. 2008 -218 A by -law to amend By -law No. 79 -200, to recognize an existing apartment dwelling on the Lands and permit the expansion of an associated parking lot. ( AM- 08/2008) 2008 -219 A by -law to amend By -law No. 79 -200, to permit the existing building on the Lands to be used as a one family detached dwelling, a cottage rental dwelling or a tourist home. (AM- 2008 -030) 2008 -220 A by -law to authorize the execution of an Agreement with Ground Aerial Maintenance Service Ltd., respecting the 2009 -2011 Street Lighting Servicing City Wide Contract. - 8 - December 15, 2008 Council Minutes 2008 -221 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Parking Prohibited, Stopping Prohibited, Heavy Vehicles Restriction, Stop Signs at Intersections, Parking Meter Zones) 2008 -222 A by -law respecting sick leave, pensions and other benefits for employees. 2008 -223 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. 2008 -224 A by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. 2008 -225 A by -law to authorize the execution of the July 1, 2008 to December 31, 2009 Collective Agreement with the Amalgamated Transit Union and its Local 1582. 2008 -226 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15 day of December, 2008. 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 Condominium Conversions DEAN IOR NEW BUSINESS ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that staff bring back a report outlining the financial impacts of condominium conversions on the municipality. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 9:55 p.m. Carried Unanimously A, C1TY CLERK R.T. (TED) SALCI, MAYOR