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2010/09/20DEAN IORFIDA(, CITY CLERK FOURTEENTH MEETING IN CAMERA MEETING Council met on Monday, September 20, 2010 at 6:20 p.m. in an In Camera Session. All members of Council were present. Councillor Diodati presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. REGULAR COUNCIL MEETING ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 September 20, 2010 / (1.-ej , R.T. (TED) SALCI, MAYOR Council met on Monday, September 20, 2010 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Diodati offered the Opening Prayer. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the minutes of August 30, 2010 be approved, as amended. Carried Unanimously Councillor Mayes indicated a conflict to report MW- 2010 -60, as it involves his business. Councillor Pietrangelo indicated a conflict to a report from Corporate Services, CD- 2010-09, as his employer, the Niagara District Catholic School Board. Councillor Diodati indicated a pecuniary interest to cheque no. 339338, for the AMO conference. Councillor loannoni indicated a pecuniary interest to cheque no. 339339, for the AMO Conference. Mayor Salci indicated pecuniary interests to cheque numbers 339340,339433 and 339742, made payable to himself and including one for the AMO conference. Emmy Award Winner 2 September 20, 2010 Council Minutes DEPUTATIONS /PRESENTATIONS Kevin Lafferty, a Niagara Falls native, who recently won an Emmy Award for his role as Executive Producer on Wizards of Waverly Place: The Movie, was recognized for his accomplishments and presented with an award on behalf of the members of Council. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci offered condolences to the family of Stanley Code, a retired City employee, who recently passed away. Mayor Salci advised of some recent events: Heartland Forest opened the first fully accessible mini -putt in Canada and the 30 Anniversary Terry Fox Run. Mayor Salci advised of some upcoming events: the unveiling of the signs designating the 420 as Niagara Veterans Memorial Highway, the Annual Mayor's Prayer Breakfast and Week of Prayer and the 1812 Bi- Centennial Committee is hosting "Celebration 2010 ". COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Director of Municipal Works - Requesting approval to extend the scope of the Weightman Bridge Rehabilitation Project. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the request be approved. Carried Unanimously 2. St. Michael Student Council - Requesting relief from the Noise By -law. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the request be approved. Carried Unanimously 3. City Clerk- Requesting Council approve the Free Bus Ride to the Polls Initiative. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the request be approved. Carried Unanimously 4. Community Artist Niagara- Requesting relief from business licence fees for their event thanksgiving weekend. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the request be approved. Carried Unanimously - 3 - September 20, 2010 Council Minutes 5. Fire Prevention Week - Request that October 3 - 8, 2010 be proclaimed as " Fire Prevention Week" and that October9 be recognized as" Fire Service Recognition Day. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the request be approved. 6. Niagara Falls Ministerial Fellowship - Request that the week of September 26- October 3 2010 be declared as a " Week for Prayer" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the communication be approved. 7. Ontario Multifaith Council - Request that the week of October 17 -23, 2010 be proclaimed as "Spiritual and Religious Care Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the communication be approved. 8. Teachers of English as a Second Language Association of Ontario - Request that the week of October 24 - 30 2010 be proclaimed as " English as a Second Language Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Carried Unanimously Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the request be approved. Carried Unanimously 9. Honeymoon City Toastmasters - Request that the month of October be proclaimed as "Toastmasters Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Karen Fraser, member of Toastmasters, advised that Toastmasters Fall Conference will take place November 19 to 21s 2010. She thanked Council for their continued support. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the request be approved. Carried Unanimously 10. Downtown BIA - Request that Council approve the replacement members for the Downtown Steering Committee. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the Downtown Steering Committee be disbanded and that Council reconsider the expenditures on the arches and sound system until the Downtown BIA or staff can provide a report justifying the expenditures. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the matter be deferred to provide an opportunity for the Downtown BIA to respond. Motion Carried with Councillors loannoni and Wing opposed. 11 Autism Ontario - Request that October be proclaimed as "Autism Awareness Month" and an invitation be extended to Council to attend the open house of their new location. RECOMMENDATION: For the Approval of Council Sharon Svob, Regional Director, Autism Ontario, provided some background about the organization and informed Council that 1 in 120 individuals are being diagnosed with Autism or ASD. Ms. Svob requested that Council proclaim the Month of October as " Autism Awareness Month" and also extended an invitation to the members of Council to attend the open house of their new location on October 1s 2010. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the request be approved. 12. Legion Week - Request that Council proclaim the week of September 20 2010 as " Legion Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the request be approved. RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services Committee, on September 20, 2010 be approved. with Councillor Pietrangelo indicating a conflict on CD- 2010 -09. 1) The Community Services minutes of the September 20, 2010 meeting be approved. 2) REPORTS: a) CD- 2010 -09 Bellevue Street Property (Glenholme Avenue Road Allowance) 1. That the report be deferred. 4 September 20, 2010 Council Minutes REPORTS Carried Unanimously Carried Unanimously Carried Unanimously 5 September 20, 2010 Council Minutes b) CD- 2010 -10 Chippawa Boat Dock Update That staff continues efforts to solicit all applicable approvals to return the public boat dock to its original location on the south side of the Welland River, in time for next year's boating season; and That staff be directed to work with the Chippawa Public Docks Committee in their effort to realize a permanent wharf on the north side of the Welland River. c) TS- 2010 -46 Inter - Municipal Transit Pilot Project 1. That Council enter into a three -year pilot project agreement, with the Regional Municipality of Niagara, to provide inter - municipal public transportation. 2. That Council approve the purchase of three Orion transit coaches, funded from a Region of Niagara Grant, for inter - municipal service. 3. That Council approve the purchase of two Orion buses, funded from Provincial Gas Tax Subsidy, which will be utilized for our municipal service. 4. That RFP #P19 -2010, for the Supply of five Buses be awarded to Orion. 5. That the Mayor and City Clerk be authorized to execute the necessary agreement. 3) NEW BUSINESS: 1. That staff prepare a report on the speed limits on Montrose Rd between Lyons Creek and Niagara Square. RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that: the recommendations from the "In Camera" meeting on September 20, 2010 be approved. 1. L- 2010 -13 - Canadian Babbit Bearings Ltd. Purchase from the City. Lots 217 - Hickson Avenue. That Council approve the Agreement of Purchase and Sale outlined in the report and that the Mayor and Clerk be authorized to execute the Agreement of Purchase and Sale and the Clerk be authorized to affix the corporate seal thereto. Carried Unanimously 6 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- 2010 -54 - Municipal Accounts. The report recommends that Council approve the municipal totalling $28,836,607.07 for the period August 6, 2010 to September 1, 2010. F- 2010 -53, Major Receivables Monthly (August). The report recommends that Council receive the Monthly Tax Receivables report for information purposes. HR- 2010 -10, Consultant for Providing Customer Service Training. The report recommends: September 20, 2010 Council Minutes 1. That the City of Niagara Falls award the Request for Proposal for the Consultant for Customer Service Training to Seneca College. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2010 -59, Tender T15 -2010, New Equipment Purchase. The report recommends: 1. That Tender #T15-2010 for the purchase of One (1) Latest Model Truck, Cab & Chassis, with 7.0 cu.yd. minimum dump body /spreader, all- season combination, equipped with power operated Snowplow and Wing be awarded to Archer Truck Services Ltd. of St. Catharines, Ontario in the amount of $189,478.18 (plus tax). 2. That staff be authorized to sign the necessary purchase order and related documents associated with this purchase. MW- 2010 -60, Claims Adjustment Service - Request for Proposal P44 -2010. The report recommends: 1. That the City of Niagara Falls award the Request for Proposal for the Claims Adjustment Services to Crawford & Company (Canada) Inc. The proposal request is for a four year period. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. PD- 2010 -75, CIP Grant 4584 Erie Avenue. The report recommends: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4584 Erie Avenue subject to the owner satisfying the program requirements including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. PD- 2010 -76, CIP Grant 4578 -4580 Erie Avenue. The report recommends: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4578 -4580 Erie Avenue subject to the owner satisfying the program requirements including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. PD- 2010 -79, CIP Grant, 5844 Ferry Street. The report recommends: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 5844 Ferry Street subject to the owners satisfying the program requirements including the entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. PD- 2010 -80, CIP Grant, 5964 Main Street. The report recommends: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 5964 Main Street subject to the owner satisfying the program requirements including the entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign and execute the agree PD- 2010 -77, Residential Loan Program Application, 4321 -4337 Queen Street. The report recommends: 1. That Council approve the Residential Loan Application by 2030688 Ontario Ltd. (Historic Niagara) subject to satisfying the program requirements including the entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the loan agreement. PD- 2010 -82, Extension to Draft Plan Approval, 2700 Mewburn Road. The report recommends that Council grant an extension to draft plan approval for the Plan of Vacant Land Condominium on 2700 Mewburn Road until September 20, 2011. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the reports on the Consent agenda be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor Diodati that the amended by -law to allow an advanced voting day for Casino Associates be denied. Motion Carried with Councillors Kerrio and Pietrangelo against. 2010 -142 2010 -143 2010 -145 7 September 20, 2010 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously A by -law to authorize the execution of an Agreement of Purchase and Sale with Canadian Babbitt Bearings Ltd., respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to establish part of Township Lot 178 Stamford designated as Part 3 on Plan 59R -13955 as a public highway, to be known as and to form part of Oakwood Drive. 2010 -144 A by -law to provide for advance voting prior to voting day for the 2010 Municipal Election. 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. 2010 -146 A by -law to provide for hours of voting on election day and reduced hours of voting in institutions and retirements homes. 2010 -147 2010 -148 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Renaming of Street Movember Mailboxes Clinics - 8 - September 20, 2010 Council Minutes A by -law to authorize the payment of $28,836,607.07 for General Purposes. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20 day of September, 2010. NEW BUSINESS Carried Unanimously ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that staff bring back a report on renaming a portion of Sophia Street. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the month of November be proclaimed as "Movember ", a moustache growing charity event held to raise funds and awareness for prostate cancer. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Wing that staff petition the local Member of Parliament for solutions to the reduction of public mailboxes. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor Diodati that staff report back on the issues surrounding Methadone Clinics. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 9 :30 p.m. Carried Unanimously DEAN IORFID , CITY CLERK R.T. (TED) SALCI, MAYOR