Loading...
2011/09/19 FIFTEENTH MEETING REGULAR COUNCIL MEETING September 19, 2011 Council met on Monday, September 19, 2011 at4:00 p.m. in an In Camera session. Council did rise and report. All members of Council, except Councillor Kerrio were present for the In Camera session. Council met on Monday, September 19, 2011 for the purpose of considering Regular Business matters in Council Chambers at 6:30 p.m. All members of Council, except Councillor Kerrio were present. Councillor Pietrangelo offered the Opening Prayer. * * * ** ADOPTION OF MINUTES ORDERED on the motion of Councillor Maves, seconded by Pietrangelo that the minutes of August 15 and 25, 2011 be approved as printed. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated a pecuniary interest to the In Camera matter of pertaining to 6505 Fallsview Boulevard, as it involves his employer. Councillor Morocco indicated direct and indirect pecuniary interests to cheques numbers 348503, 348406 and 348103 made payable to herself and family members, also to the In Camera matter pertaining to 6505 Fallsview Boulevard. Councillor Wing indicated an indirect pecuniary interest to the In Camera item pertaining to 6505 Fallsview Boulevard, as it involves her husband's employer and regarding the presentation by the Brock Students' Union, as her daughter is a student. Councillor Pietrangelo indicated a conflict to report PD- 2011 -63, his parents live in close proximity of the property in question. Councillor Maves declared a conflict on the SCVFA matter, as his property is in close proximity. Mayor Diodati indicated a pecuniary interest to cheque numbers 347952 and 348456, made payable to himself. * * * ** DEPUTATIONS /PRESENTATIONS Alzheimer Society Teena Kindt, Chief Executive Officer, made a brief deputation and informed Council of the 16th Annual Coffee Break Campaign and presented Mayor Diodati with a "Coffee Break" package. -2- September 19, 2011 Council Meeting Brock University Students' Union Daud Grewal, President and Will Parent, Vice - President, Finance and Administration of Brock University Students' Union addressed the Council on the economic benefit Brock students bring to the City and the difficulties paying for the Brock shuttle service. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco to that the presentation be referred to staff for a report and that the representatives meet with the Ad -Hoc Routing Committee. Carried Unanimously with Councillor Wing declaring a conflict. Stamford Centre Volunteer Firefighters Association ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the representative from the Stamford Centre Volunteer Association be permitted to speak. Carried Unanimously Nick Louras, President of the Stamford Centre Volunteer Firefighters Association, made a presentation to Council regarding their clubhouse. The organization needs a positive comment from the City for the approval authority, the Niagara Escarpment Commission. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the matter be referred to staff for a report. Carried Unanimously with Councillor Mayes declaring a conflict * * * ** MISCELLANEOUS PLANNING MATTERS PD- 2011 -63 - Appeal of Committee of Adjustment Decision of Committee of Adjustment Decision Consent Application B- 2011 -016, 7907 Carl Road, Applicant: Carmen & Bengimen Pietrangelo. Agent: Brian Sinclair The report recommends that Council authorize staff to continue with the appeal to the Ontario Municipal Board regarding the Committee of Adjustment's decision to grant Consent Application B- 2011 -016. Brian Sinclair, representing the applicant, requested that staff not continue with the appeal to the Ontario Municipal Board and asked for Council to send a letter of support to Regional Council. Mr. Sinclair indicated that this parcel of land is a settlement area and consists of estate type homes. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff be directed to not file the appeal to the Ontario Municipal Board regarding the Committee of Adjustment's decision to grant Consent Application B- 2011 -016. Motion Carried with Councillor Wing opposed. * * * ** -3- September 19, 2011 Council Meeting PD- 2011 -64 - Chief Administrative Officer - Glenholme Road Allowance, Request for Grants The report recommends the following: 1. That Council consider selling the Glenholme Road allowance on the open market. 2. That the request for grants be referred to the 2012 budget process. Alastair Davis, CEO, Habitat for Humanity Niagara, made a brief presentation to Council on his organization's plans and how they hoped to have some upcoming builds in Niagara Falls. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously PD- 2011 -29 - Chief Administrative Officer Creation of Residential Lots in Agricultural Areas The report recommends that Council consider one of the three options as outlined in the Discussion section of this report with respect to the creation of residential lots in the City's agricultural areas. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that Council select the status quo with respect to the creation of residential lots in the City's agricultural areas. Motion Carried with Councillor Gates and Wing opposed * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to the family of Frank Guerra, a retired City employee. Mayor Diodati advised of recent events: his trip to China with the CAO and Director of Business Development, hosted by the Chinese Businessmen's Association, "Imagine ", the event commemorating the 10 Anniversary of September 11 the University of Western Alumni at the Scotiabank Convention Centre and the Terry Fox Run. Mayor Diodati advised of some upcoming events: the Niagara Community Foundation "Random Acts of Kindness Day ", the Mayor's Prayer Breakfast, the Millennium Trail Naming in honour of Paisley Janvary -Pool, Culturefest, the "Week of Prayer" and TV Cogeco open house. Mayor Diodati honoured Mike O'Connor, a 15 -year volunteer for TV Cogeco on his retirement. Mike covered Niagara Falls City Council meetings. * * * ** -4- September 19, 2011 Council Meeting COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. JMAC Memorial Hockey Tournament - requesting the youth hockey rate for a tournament scheduled in April 2012. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the request for the youth hockey rate be granted. Carried Unanimously 2. NPC School of Horticulture Legacy Garden - School of Horticulture alumni requesting $500 for a proposed Legacy Garden. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the request for $500 be granted. Carried Unanimously 3. Community Support Services of Niagara - requesting financial contribution for Senior Expo being held at the Coronation 50 Plus Recreation Centre on September 30, 2011. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Gates that the staff work with the organizers for a contribution up to $500. Carried Unanimously 4. Commisso's Fresh Foods - requesting a traffic light on Thorold Stone Road at their entrance. RECOMMENDATION: Council send a letter to the Region supporting the request. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that a letter be sent to the Region, the road authority, requesting consideration for a traffic light. Carried Unanimously 5. Niagara Falls Ministerial Fellowship - Request that Council proclaim the week of September 25 - October 2, 2011 as "Week of Prayer for the City of Niagara Falls ". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the request be approved. Carried Unanimously 6. Canada World Youth - Request that October 17 - 23, 2011 be proclaimed as " 2011 Canada World Youth Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the request be approved. Carried Unanimously 7. Lupus Foundation of Ontario - A request that October be proclaimed as " Lupus Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the request be approved. -5- September 19, 2011 Council Meeting Carried Unanimously 8. Royal Canadian Legion - Request that the week of September 18 -24, 2011 be proclaimed as " Legion Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the request be approved. Carried Unanimously 9. Niagara Falls Fire Department - Request that October 9 -15, 2011 be proclaimed as " Fire Prevention Week" and that October 15, 2011 be designated as " Fire Service Recognition Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Gates that the request be approved. Carried Unanimously 10. Downtown BIA - Requesting approval to replace three members that have resigned from the Board. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the request be approved. Carried Unanimously * * * ** REPORTS RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the recommendations from the " In Camera" meeting from September 19, 2011 be approved. 1. Property Matter 2100422 Ontario Limited Hampton Inn, Section 37 Agreement, 6505 Fallsview Boulevard The City keep the letter of credit, give notice to the parties that it will be cashed and enforce the Corporation's rights under the Section 37 agreement. Carried Unanimously with Councillors Thomson, Wing and Morocco declaring pecuniary interests. RESOLUTIONS NO. 38 - Pietrangelo - loannoni - Therefore be it resolved at Niagara Falls City Council supports a submission to the Enabling Accessibility Fund to renovate and retrofit the Niagara Falls bus terminal to improve barrier -free accessibility in the facility. Carried Unanimously * * * ** -6- September 19, 2011 Council Meeting 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- 2011 -07 - Business Trip to Dubai October 2011. The report recommends that Council authorize a trip to Dubai by the Mayor and Director of Business Development. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously F- 2011 -41 - Monthly Tax Receivables Report. The report recommends that Council direct complaints regarding the Niagara Health System (NHS) to Dr. Kevin Smith, the Supervisor appointed by the Province to review the NHS. F- 2011 -42 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $34,952,112.64 for the period July 21, 2011 to August 31, 2011. IS- 2011 -05 - Digital Photocopiers. The report recommends the following: 1. That Council approve the leasing and servicing of 21 new photocopiers for all City Departments for Canon Photocopiers from Beatties Basics for a period of five years at an annual estimated cost of $46,965.24. 2. Recommend that Staff investigate the possibility of providing Council Agendas in a paperless format. L- 2011 -17 - 1609625 Ontario Limited Encroachment Agreement with the City, 5785 Victoria Avenue (Antica Pizzeria). The report recommends the following: 1. That the City enter into an Encroachment Agreement with 1609625 Ontario Limited (the "Owner ") permitting an above ground encroachment over the Victoria Avenue road allowance in front of 5785 Victoria Avenue. 2. That the Mayor and Clerk be authorized to execute the required Encroachment Agreement. MW- 2011 -37 - Selection of Exhibits Fabricator, Niagara Falls History Museum Project. The report recommends that Council approve the selection of the preferred proponent, Expographique, for the provision of exhibit design services; and that the Mayor and Clerk be authorized to execute the associated agreement. PD- 2011 -58 - Commercial Building & Facade Improvement Grant Application, CB & FIG- 2011 -004, 5815 Main Street. Jarmila Rejvold, Red Chateau Restaurant. The report recommends the following: 1. That Council approve the Commercial Building Grant Application for 5815 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 agreement. -7- September 19, 2011 Council Meeting PD- 2011 -59 - Commercial Building & Facade Improvement Grant Application CB & FIG-2011-007,4660 Queen Street, Candice Legacy Street. The report recommends the following: 1. That Council approve the Commercial Building Grant Application for 4660 Queen Street, subject to the owner satisfying the program requirements. 2. That the Mayor and Clerk be authorized to sign and execute the revised agreement. PD- 2011 -60 - Welland Canal National Heritage Designation. The report recommends that the City of Niagara Falls authorize staff to participate in the working group so that public consultation with area residents can be completed prior to determining if the City would support the National Historic Designation of the Chippawa Creek/Welland River as part of the original Welland Canal. PD- 2011 -61 - Enhanced Downtown Gateway Signage. The report recommends that Council approve an increase of $7,000 plus taxes to the contract of Lovett Signs who was approved on August 15, 2011 at an upset limit of $90,000 plus taxes for the Eastern & Western Gateway signage. PD- 2011 -62 - AM- 42/2004, Zoning By -law Amendment Application South Side of McLeod Road East of Drummond Road. Applicant: 1660747 Ontario Limited, Removal of a Holding (H) Symbol. The report recommends that Council pass the by -law appearing on tonight's agenda to lift the holding (H) symbol from the land's General Commercial (GC -697) zoning. TS- 2011 -38 - Hiring a Schedule /Dispatcher for VTS. The report recommends that Council support the hiring of a full time Transit Scheduler /Dispatcher to develop and maintain routing profiles and Bus Operator daily schedules, as well as, the integration with our Niagara Falls Transit municipal services. TS- 2011 -34 - McGarry Drive at Joseph Court Intersection Control Review. The report recommends that a stop sign be installed facing southbound motorists on Joseph Court at McGarry Drive. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the reports on the consent agenda be approved as recommended. Carried Unanimously CD- 2011 -14 - NHS Complaints. The report recommends that Council direct complaints regarding the Niagara Health System (NHS) to Dr. Kevin Smith, the Supervisor appointed by the Province to review the NHS. ORDERED on the motion of Councillor Gates, seconded by Councillor loannoni that the report be approved and a request be made to speak to Dr. Kevin Smith. Carried Unanimously R &C- 2011 -13 - Arts & Culture Wall of Fame 2011 Inductees. The report recommends that Council approve the following 2011 Arts & Culture Wall of Fame Inductees: • Diana Coatsworth • Honeymoon Suite • Bob McAdorey • Oakes Garden Theatre /Rainbow Gardens Artwork • Brian Smylski • Frank Shuster ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council approve the recommendations plus Joel Zimmerman a.k.a. Deadmau5 and that staff review the policy and selection criteria for the Wall of Fame and report back to Council. Carried Unanimously -8- September 19, 2011 Council Meeting BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the by -laws be given a first reading. 2011 -115 A by -law to amend By -law No. 79 -200, to permit a semi - detached dwelling on the Lands. (AM- 2011 -005) 2011 -116 A by -law to amend By -law No. 395, 1966, to establish a minimum lot area for the Lands. (AM- 2011 -006) 2011 -117 A by -law to amend By -law No. 395, 1966, to establish a site specific Rural zone on a portion of the Lands and a site specific Conservation and Open Space zone over the balance of the Lands. (AM- 2011 -006) 2011 -118 A by -law to amend By -law No. 2005 -55, as amended by By -law No. 2005- 196, which amended By -law No. 79 -200, to remove the holding symbol (H) on the lands, to permit a commercial development. (AM- 42/2004) 2011 -119 A by -law to establish Block 68 on Registered Plan 59M -376 as a public highway, to be known as and to form part of Parkside Road. 2011 -120 A by -law to establish Block 66 on Registered Plan 59M -376 as a public highway, to be known as and to form part of Kelsey Crescent. 2011 -121 A by -law to establish Block 256 on Registered Plan 59M -366 as a public highway, to be known as and to form part of St. Michael Avenue. 2011 -122 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Speed Limits of Highways (Part 4 - 80 km /h), Speed Limits of Highways (Part 2 - 60 km /h) 2011 -123 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. 2011 -124 A by -law to authorize the payment of $34,952,112.64 for General Purposes. 2011 -125 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19' day of September, 2011. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. Carried Unanimously NEW BUSINESS Studio 55 ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the owners concerns regarding development charges and site plan be reviewed and staff report back. Carried Unanimously Stanley Avenue ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that staff investigate the beautification of that area and a report come back to Council. Carried Unanimously -9- September 19, 2011 Council Meeting Committee of Adjustment ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that staff report back on the authority of the Committee of Adjustment and what is considered a minor variance. Carried Unanimously Stanley Avenue and Church's Lane ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that a letter be sent to the Region to investigate the traffic issues at the intersection. Carried Unanimously McLeod Road ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the City request the Region consider patching McLeod Road, west of Dorchester Road. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that staff report back on the status and future plans for McLeod Road, west of Montrose Road. Carried Unanimously Canadian Women's Hockey League ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that a letter of thanks be sent to Michael Agrette for suggesting the event come to Niagara Falls. Carried Unanimously Subdivision Plans ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that staff establish a policy and possibility a contingency fund for decorative subdivision walls. Carried Unanimously Ripley's Aquarium in Toronto ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that staff investigate incentives provided by the City of Toronto for the project. Carried Unanimously * * * ** ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the meeting be adjourned at 9:20 p.m. Carried Unanimously * * * ** DE A N IORFID , CITY CLERK ES M. DIODATI, MAY R