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2010/03/08Stop Family Violence Women's Place of South Niagara THIRD MEETING IN CAMERA MEETING Council met on Monday, March 8, 2010 at 5:00 p.m. in an In Camera Session. All members of Council were present. Councillor Fisher presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. REGULAR COUNCIL MEETING Council met on Monday, March 8, 2010 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Brianna Kane sang the national anthem. Councillor Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the minutes of February 22, 2010 be approved, as amended. DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS /PRESENTATIONS Committee Room 2 March 8, 2010 Carried Unanimously Councillor Wing indicated a pecuniary interest regarding, Budget Matters related to the Museum Services, as her spouse is employed with the Museum. Councillor Pietrangelo indicated a conflict to Communication no. 2., as he is employed by the Niagara Catholic District School Board. Regional Councillor Brian Baty made a brief presentation to Council regarding the "Stop Family Violence: It's Everybody's Business" initiative and Bill 168. The goal of the initiative is to educate employers and their employees to recognize and respond to Family Violence, as it impacts the workplace. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that Council receive the presentation. Carried Unanimously Haley Bateman, Development Manager for Women's Place of South Niagara addressed Council about their new fundraising initiative " Cut it Out- Salons in Support of Women's Place of South Niagara" being launched October 3, 2010. The evening reception will be held at Casa Mia Ristorante, all proceeds from the day will be donated. ORDERED on the motion of Councillor Maves, seconded by Councillor Diodati that Council receive the presentation. Carried Unanimously Knights of Columbus Garry Tappay, Chair of the Knights of Columbus informed Council of the upcoming charity gala "Music of the Knight" with benefits going to the Greater Niagara General Hospital Foundation. The event is scheduled for April 10 2010 at Club Italia. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that Council receive the presentation. Carried Unanimously PD- 2010- 21,AM- 2009 -27, Zoning By -law Amendment Application, 5038 Marshall Road. Applicant: Michael and Joan Stoll. Proposed Temporary Use By -law - Machine Shop. The Director of Planning and Development reviewed the recommendations and provided the following information. Proposal The applicants are requesting the machine shop be permitted on a temporary basis for a further 3 years. Neighbourhood Open House 2 - March 8, 2010 Council Minutes PLANNING MATTERS A Neighbourhood Open House was held on February 1, 2010. No members of the public attended the meeting. Regional staff cannot support another 3 year temporary use by -law. Regional staff do not object to a 1 year extension. Planning Analysis Provincial Policy & Regional Policy Plan The subject property is designated Good General Agriculture Provincial and Regional policies protect agricultural lands; Limited complementary land uses such as agricultural related industries and home industries that are accessory to agricultural or residential uses on the lot are permitted. The Region has indicated that the machine shop does not fall under any of these uses. Official Plan The property is designated Good General Agriculture Official Plan permits uses on a temporary basis subject to conditions The proposal meets these conditions. The use shall be limited in duration ► Permitting the temporary use for another 3 years provides the owner flexibility in pursuing options to either relocate, or undertake changes to make the use comply to Regional and City policies. No further extensions should be considered after this extension. ► The machine shop exists in an accessory building and no new construction is proposed. - 3 - March 8, 2010 Council Minutes ► Only a small part of the property is used for the machine shop and the dwelling, the rest of the land is a woodlot or actively used for agriculture. ► Under its current operation, the use does not appear to be disruptive to surrounding land uses. ► The use does not impact on infrastructure. Prior to the expiry of the proposed temporary use by -law, the applicants should evaluate their options for continuing the use. The preferred option would be to relocate the machine shop to an industrial area. If they wish to continue the use in its current form, amendments to the City's Official Plan and Region's Policy Plan would be required. Zoning The majority of the property is zoned Rural. A Conservation Open Space zone exists along the westerly limit of the property. The Rural zone does not permit the machine shop. The temporary use by -law will permit the machine shop for a period of 3 years, allowing the use for a further three years is appropriate. The temporary use by -law should restrict the floor area of the use to the size of the existing building. Summary The proposal complies with the Official Plan; The machine shop has no adverse impacts on the subject or surrounding lands; 3 years should be sufficient time for the owner to either relocate the machine shop to an industrial area or to pursue an application for the machine shop to be permanently located on the subject land. Recommendation That Council approve the Zoning By -law amendment application to permit a 335 sq m. (3600 sq ft) machine shop on the land as a temporary use, for a period not exceeding 3 years. Mike and Joan Stoll, 5038 Marshall Road, applicants, agree with the staff report and recommendations and were available to answer any questions or concerns Council may have. The Public Meeting was Closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Councillor Pietrangelo took Chair for the Corporate Services Meeting Carried Unanimously Councillors loannoni and Wing opposed. - 4 - March 8, 2010 Council Minutes BUDGET MATTERS CAO- 2010 -03 - Chief Administrative Officer - Budget Amendment Report. The report recommends that Council approve the expenditure reductions totalling $186,215 in the 2010 Grants, Fees for Service and Subsides as outlined in Appendix "A ". Carm Dix, Niagara Falls Public Library Board, advised Council that the Stamford Library's lease is up in August and there will be an increase in the lease. He indicated that if funds were taken from the Library's budget, it would make it very difficult to keep the Stamford Library open. ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that there be an amendment to the recommendation report with the $60,000 that was taken out of Labour and Benefits for Library Services be included back in the operating budget. Carried Unanimously Mike Somerville of the GNGH Foundation outlined how the Niagara Falls site has $1.4 million in equipment needs for anesthetic machines and endoscopy equipment. ORDERED on the motion of Mayor Salci, seconded by Councillor Diodati that $50,000 be provided in the operating budget to the GNGH Foundation. Motion Carried ORDERED on the motion of Mayor Salci, seconded by Councillor Thomson that the recommendation report be approved with the $210,000 shortfall to be taken from the reserves account from property interest from sale of land (Montrose Rd). Motion Carried with Councillor loannoni and Wing opposed. F- 2010 -13 - Chief Administrative Officer - 2010 -2014 Capital Projects Budget The report recommends that Council approve the 2010 -2014 Capital Projects Budget. ORDERED on the motion of Mayor Salci, seconded by Councillor Kerrio that the report be approved as recommended. Motion Carried with Councillors Thomson, loannoni and Wing opposed. Corporate Services meeting adjourned at 8:45, Councillor Pietrangelo stepped down from Chair. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci offered condolences to a retired City employee Les Foster, on the recent passing of his mother, Mabel Foster. Mayor Salci advised that last week the annual Niagara Buyer - Seller Forum was held in Niagara Falls, the theme centred around the opportunities associated with the Province's Green Energy. Minister Sandra Pupatello, Minister of Economic Development and Trade attended. Mayor Salci advised of some upcoming events: Mayor's Youth Advisory Committee in partnership with Niagara Falls Transit is offering 25 cent bus rides for students the week of March Break, the sod turning for the new Wal -Mart development on Oakwood Drive, will be held March 11 at 1:00 p.m., March 13 at 10:00 a.m. is the ground breaking for the and. the Great Wolf Lodge will attempt to set a world's record for the longest distance travelled on waterslides. Proceeds from Niagara Falls will be donated to Big Brothers Big Sisters. 5 March 8, 2010 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. The Fresh Air Fund - Request that March 20, 2010 be proclaimed as "Fresh Air Fund Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the request be approved as recommended. Carried Unanimously 2. City of Welland - requesting that the local school boards schedule a Professional Development Day for October 25, 2010 to better accommodate polling locations at schools on Voting Day RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the request be approved. Motion Carried with Councillor Diodati opposed and Councillor Pietrangelo declaring a conflict. 3.a Downtown Board of Management - requesting approval of their 2010 budget. RECOMMENDATION: For the Approval of Council, with the stipulation that funds remain in the stipulated category and not be moved between accounts. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the request be approved as recommended. Carried Unanimously 3.b Mason Auto Electrics - requesting removal or exemption from the Downtown BIA and related levy. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the communication be received for information. Carried Unanimously 4. Canadian Forces Recruiting - requesting permission to fly a CF -18 Canadian Fighter aircraft for the Niagara Falls Canada Day celebrations for the next three years. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 2) REPORTS: a) PD- 2010 -20 CB &FIG - 2010 -01, Commercial Building & Facade Improvement Grant Application, 4687 Queen Street Raimondo & Associates c) TS- 2010 -16 Ontario Avenue, Limited Time Parking Zone 3) NEW BUSINESS: - 6 - March 8, 2010 Council Minutes REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the actions taken in Community Services Committee, on March 8, 2010 be approved. Carried Unanimously 1) The minutes of the February 22, 2010 meeting be approved as amended. 1. That the Commercial Building & Facade Improvement Grant Application for 4687 Queen Street be approved subject to the owner satisfying all the program requirements including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign and execute the grant agreement. b) TS- 2010 -09 Queen Street at Ontario Avenue, Intersection Control Review 1. That the existing traffic control at the intersection of Queen Street and Ontario Avenue is maintained; and 2. Further review of the intersection be investigated during the Queen Street streetscaping design phase. That a `10 minute, Monday through Friday, 7:30 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. parking zone be established on Ontario Avenue. d) TS- 2010 -19 Fallsview Boulevard north of Murray Street, Commercial Loading Zone That a Loading Zone be established on the east side of Fallsview Boulevard from a point 15 m north of Murray Street to a point 45 m north of Murray Street between the hours of 6:00 a.m. to 9:00 a.m. daily. That two -hour free parking at on- street parking meters and on- street pay and display machines along Queen Street for the months of March and April. 7 March 8, 2010 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. CD- 2010 -02 - City Hall Renovations. The report recommends: 1. That the tender for Clerks Division and Vestibule renovations be awarded to Charterhouse Projects Incorporated for $153,614.00 (plus G.S.T.); and 2. That the tender for the Receiving Area be awarded to Stolk Construction for $140,689.00 (plus G.S.T.); and 3. That the Mayor and Clerk be authorized to execute the necessary contract documents. F- 2010 -14 - Marineland Assessment Update. The report is recommended for the information of Council. FS- 2010 -02 - Communications Centre. The report recommends: 1. That Council approve the expenditure of funds in the amount of $135,043.65 to secure the ser vices of King Contractors as the preferred proponent for the renovations required for relocating the new communications centre. 2. That the Mayor and Clerk be authorized to execute the contract. MW- 2010 -10 - Tender T06 -2010, Materials Testing and Geotechnical Investigation Services Contract for 2010 and 2011. The report recommends: 1. The two -year contract for geotechnical services be awarded to I nspec -Sol Inc. at the tendered price of $159,810.00 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. PD- 2010 -13 - PLC - 2010 -001, Request for Removal of Part Lot Control, Parts 4 & 5 on Reference Plan 59R- 12654, Ash Street - Ashton Heights Townhomes. Owner: Mountainview Homes. The report recommends: 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Parts 4 & 5 on Reference Plan 59R- 12654, as exempt from Part Lot Control. 2. That the owner be given three months to create the new parcel and notify the City when the separate deed has been registered. PRC- 2010 -05 - Revision to Trails & Bikeway Committee Terms of Reference. The report recommends that revised Terms of Reference for the Trails and Bikeway Committee be approved and be retroactive to January 2010; and that Terms of Reference on attendance be incorporated for all advisory committees to Council, in anticipation of the next Council term. PRC- 2010 -06 - Tender TR5 -2010 For the Supply and Installation of a Washroom Building Structure at the Patrick Cummings Memorial Sports Complex. The report recommends that the tender from Serianni Construction Ltd. for the supply and installation of a Washroom Building Structure at the Patrick Cummings Memorial Sports Complex in the amount of $164,160.00 (excluding GST) be approved. 8 - March 8, 2010 Council Minutes PRC 2010 - 07 - Tender T03 - 2010 For the Supply and Installation of a Concession Equipment - Gale Centre. The report recommends t hat the tender from Serianni Construction Ltd. for the supply and installation of a Washroom Building Structure at the Patrick Cummings Memorial Sports Complex in the amount of $164,160.00 (excluding GST) be approved. ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the reports on the consent agenda be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2010 -29 A by -law to establish public highways and to repeal By -law No. 2002 -194. 2010 -30 A by -law to appoint an Acting City Clerk in the absence of the City Clerk. 2010 -31 A by -law to hereby authorize the Mayor and Clerk are to execute this Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities between the Association of Municipalities and the Corporation of the City of Niagara Falls as in Schedule "A" attached hereto. 2010 -32 A by -law to designate Parts 4 & 5 of Reference Plan 59R- 12654, not be subject to part lot control. (PLC- 2010 -001) 2010 -33 A by -law to provide for the adoption of Amendment No. 93 to the City of Niagara Falls Official Plan. (OPA #93) 2010 -34 A by -law to amend By -law No. 79 -200, to permit the uses in an R2 zone, an apartment dwelling and accessory buildings and structures on the Lands, subject to the removal of a holding (H) symbol. (AM- 2009 -004) 2010 -35 A by -law to amend By -law No. 79 -200, to permit a multiple unit residential development on the Lands, subject to the removal of a holding (H) symbol. (AM- 2009 -004) 2010 -36 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 day of March, 2010. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Carried Unanimously Earth Hour NEW BUSINESS ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the City, once again, participate in the Earth Hour initiative, with a Zink to be placed on the City's website for residents and businesses to register their participation. Carried Unanimously 9 - March 8, 2010 Niagara Parks Police ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni: That the Niagara Falls City Council supports the members of the Niagara Parks Police service; and That the Niagara Falls City Council supports the recent motion by the Regional Municipality of Niagara to request the Ontario Civilian Commission (OCOPS) Police Services to exercise their authority under the Police Services Board Act to approve the transition of the Niagara Parks Police to full police service status; and That the resolution be sent on to the Honourable Rick Bartolucci, Minister of Community Safety and Correctional Services, Niagara Regional Police Services Board Chair, Larry Iggulden and any other appropriate decision makers. Carried Unanimously Fairness Commissioner, NPC ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that staff report back on the municipality's priorities regarding the Maid of the Mist service for submission to the Fairness Commissioner. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the meeting be adjourned at 9:20 p.m. Council Minutes Carried Unanimously Carried Unanimously DEAN IORFybA, CITY CLERK R.T. (TED) SALCI, MAYOR