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2012/05/29EIGHTH MEETING REGULAR COUNCIL MEETING May 29, 2012 Council met on Monday, May 29, 2012 at 4:00 p.m. in a Committee of the Whole meeting. All members of Council were present. Following the conclusion of the Committee of the Whole session at 4:30 p.m., Council passed a resolution to go In Camera. NO. 15 MOROCCO - MAVES THEREFORE BE IT RESOLVED THAT on May 29, 2012 Niagara Falls Council will go into a closed meeting to consider matters that fall under the subject matter of 239(2)(a) security of the property of the municipality, 239(2)(b) personal matters about an identifiable individual, and 239(2)(f), advice that is subject to solicitor - client privilege related to properties at 7657 Portage Road and City owned lands on Sherk Road. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:50 p.m. All members of Council were present. Councillor Gates offered the Opening Prayer. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the minutes be approved, as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor loannoni indicated an indirect pecuniary interest to cheque no. 354324, made payable to her spouse and an interest in the In Camera matter, HR- 2012 -04 and cheque no. 354069 payable to the firm she's had a business relation with. Councillor Wing indicated a conflict to a section in the Capital Budget, p 86, tab7, referring to Battlefield School Property, as she owns abutting property and to report F- 2012 -27,as she recently went on record proposing an alternate use of the funds for another project, of which she is a proponent. Councillor Morocco indicated an indirect pecuniary interest to cheque no. 354045, made payable to her spouse. Councillor Pietrangelo indicated a conflict no. 354189, a reimbursement cheque to his employer. Councillor Kerrio indicated a conflict to the In Camera matter related to Sherk Road as he owns abutting property. Mayor Diodati indicted a pecuniary interest to cheque no. 354242 and 354295 made payable to himself. - 2- Council Minutes May 29, 2012 PRESENTATIONS/ DEPUTATIONS National Access Awareness Week Representatives from the City's Disability Advisory Committee were in attendance to request that the week of May 27 - June 2nd be proclaimed as "National Access Awareness Week ". Committee member Brian Kon was recognized with the "Patrick Cummings Award" for his auditing of City -owned facilities. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the week of May 27 - June 2nd, 2012 be proclaimed as " National Access Awareness Week" in the City of Niagara Falls. Carried Unanimously Councillor Pietrangelo chaired the Budget meeting. BUDGET MATTERS F- 2012 -27 - Niagara Falls Soccer Club Indoor Facility Update The report recommends that the City's funding assistance for the proposed Indoor Soccer Facility be withdrawn. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the matter be deferred for sixty days. Councillor Wing Conflict Councillor Kerrio AYE Councillor Thomson AYE Councillor Gates AYE Councillor loannoni AYE Councillor Pietrangelo AYE Councillor Morocco AYE Mayor Diodati AYE Councillor Maves AYE Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that to receive the Capital Budget. Carried Unanimously Councillor Pietrangelo stepped down as Chair. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to the family of the late Vito Bonanno, a retired City employee and to Councillor Bart Maves on the passing of his brother, Reginald Michael Maves. Mayor Diodati advised of recent events: the start of the GO Service, Niagara Concerts Season Finale "Dream Concert", 75th Anniversary of the 40 & 8 Pilgrimage, the Navy League Annual Review, Niagara United Soccer Team Season opener, the opening of the off -leash dog park at Fireman's Park, the 120th Anniversary of the First Baptist Church Congregation, the Motorcycle Ride for Dad, the City Staff Recognition Breakfast and Niagara Week at Queens Park. Councillor Pietrangelo joined Mike Strange for his Box Run. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that a Niagara Falls flag be placed in the lobby of City Hall, those interested in making a donation for the Children's Cancer centre may sign the flag and it will be presented to Mike Strange. Carried Unanimously - 3- Council Minutes May 29, 2012 Mayor Diodati advised of some upcoming events: TVO Kids show featuring Niagara Falls kids building Crimson Park, Spinglicious, the Niagara Falls Women's Half Marathon, the FCM Conference in Saskatoon, Italian Heritage Flag Raising, the Disability Advisory Committee's BBQ and the Nik Wallenda walk. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Main & Ferry BIA - requesting approval of their 2012 budget and revised Board of Directors. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved. Carried Unanimously 2. Clifton Hill BIA - requesting approval of their 2012 budget. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the request be approved. Carried Unanimously 3. Ride to Conquer Cancer - requesting a grant equal to the cost of the building permit for the tent related to their event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that a grant equal to the building permit fee be approved. Carried Unanimously 4. The Parish of Christ Church - requesting a grant equal to the cost of the road closure fee in association with their event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that a fee equal to the road closure costs be approved. Carried Unanimously 5. Filipino Canadian Association of Niagara - requesting a flag raising for Philippine Independence Day on June 12, 2012. 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. Italian Heritage Month - requesting a flag raising for Italian heritage Month on June 6, 2012. RECOMMENDATION: For the Approval of Council. - 4- Council Minutes May 29, 2012 ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 7 Knights of Columbus - requesting that the week of June 25 - 30, 2012 be proclaimed as "Knights of Columbus Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the request be approved. Carried Unanimously 8. Ontario Human Rights Commission - requesting that June 15`h be proclaimed as "Ontario Human Rights Code Day" and June 11 -15, 2012 be recognized as " Ontario Human Rights Code Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the request be approved. Carried Unanimously 9. Recreation & Parks Month - requesting that June be proclaimed as "Recreation and Parks Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 10. Comic Con 2012 - requesting June 8, 2012 be proclaimed as "Super Hero 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. Carried Unanimously 11. Niagara Beekeepers' Association - requesting May 29, 2012 be declared as "day of the Honeybee" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the request be approved. Carried Unanimously 12. Regional Municipality of Niagara - requesting support of a resolution petitioning the Provincial government to maintain its support and commitment to the horse racing industry in Ontario. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the request be approved. Carried Unanimously 13. Niagara Helicopters - requesting that Council be in support of their applications to transport Canada related to a helicopter landing in association with the 125`h Anniversary of the Niagara Parks Police and to install the cable related to the Wallenda walk. - 5- Council Minutes May 29, 2012 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that Council has no objections. Carried Unanimously REPORTS RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the actions taken in the Committee of the Whole meeting, May 29, 2012 be approved. Carried Unanimously 1 a) REPORTS TS- 2012 -22 Portage Road Speed Control Follow Up Review 1. That staff be directed to modify the southern traffic hump on Portage Road, that additional signage and heightened pavement markings be incorporated and that the Niagara Regional Police be requested to enforce the no heavy vehicle restriction on Portage Road. 2) NEW BUSINESS a) That the Solicitor review the inter - municipal Niagara District Airport Commission agreement with regard to the role of the Liaison Committee. Carried Unanimously R& C -2012 - 12 - Ice Rental Rates 2012 -2013 The report recommends the following: 1. That Council approve the 2012 -2013 ice rental rates for the Gale Centre and Chippawa - Willoughby Memorial Arena. 2. That the fees are effective from mid - September 2012 to mid September 2013. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously R &C- 2012 -11 - Sport Tourism Policy The report recommends the following: 1. That Council approve the revised Sport Tourism Policy to include private organizations to be eligible to receive a rental fee discount for sporting events held in the City of Niagara Falls. 2. That the request to host the 2013 Clarkson Cup event be declined with consideration to host the event in future years. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that staff revise the Sports Tourism Policy to reflect utilization rates and report back. - 6- Council Minutes May 29, 2012 Carried Unanimously ORDERED on the motion of Councillor Gates, seconded by Councillor Wing that Council defer a decision on the Clarkson Cup to allow staff to have further talks with the organizers about having the event throughout the Region. Carried Unanimously RATIFICATION OF" IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the recommendations from the "In Camera" meeting from May 29th, 2012 be approved. HR- 2012 -04 Security Audit - City Facilities 1. That staff be directed to establish priorities and develop a security work plan, subject to budget considerations. L- 2012 -11 Option Nine from Report HR- 2012 -02 1. That Mr. Carlo Butera be advised that his matter is at an end and that the Council of the City of Niagara Falls will not be responding to any further communication on the topic of his dismissal from the City of Niagara Falls and any of the ensuing interaction between City Staff, Members of Council and the Mayors of Niagara falls, as a result of Mr. Butera's ongoing efforts to circumvent the legal system. 2. That the Solicitor seek an injunction, as required. with Councillor loannoni declaring a conflict to #1. RESOLUTIONS Carried Unanimously NO. 16 PIETRANGELO - GATES - THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Niagara Motorcycle Show to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 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. CD- 2012 -05 - Ombudsman Complaint. The report is recommended for the information of Council. - 7- Council Minutes May 29, 2012 F- 2012 -23 - 2012 Property Tax Rates. The report recommends that Council approve the 2012 Property Tax Rates. F- 2012 -24 - Final Tax Notice Due Date. The report recommends that June 29 and September 28 be approved as the 2012 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. F- 2012 -25 - Major Receivables Monthly - April. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F- 2012 -26 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $9,285,242.44 for the period April 5, 2012 to May 9, 2012. PD- 2012 -31 - Matters Arising from Municipal Heritage Committee Removal of Properties from the Municipal Register of Heritage Properties. T h e r e p o r t recommends that Council direct staff to remove the following list of properties from the Municipal Register of Heritage Properties for the reasons listed beside each property. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the report on the Consent Agenda be approved as recommended. Carried Unanimously MW- 2012 -27 - Laura Secord Commemorative Walk and Trail. The report recommends the following: 1. That the City of Niagara Falls recognize the portions of the trail route for the Laura Secord Commemorative Walk through Niagara Falls as the Laura Secord Commemorative Trail; and 2. That capital budget of $8,500 for trail improvements be established ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously MW- 2012 -31 - Victoria Promenade Landscape Improvements Tender Award. The report recommends that the tender from Stevensville Lawn Services Inc. (Stevensville) for the Victoria Promenade Landscape Improvements in the amount of $222,015.00 (excluding HST) be approved, that the Mayor and City Clerk be authorized to execute the necessary contract documents and that a 2012 capital budget of $328,800 be established to cover anticipated expenses for the landscape improvement of the Victoria Promenade. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that tender be awarded and that staff send a letter to the OLG, requesting financial input be provided for the Victoria Promenade, which they own. Carried Unanimously PD- 2012 -20 - Proposed Change from Residential Loan to Residential Grant for Downtown Community Improvement Plan Area. The report recommends that Council support the following: 1. A change be made to the Downtown CIP Residential Loan Program to a Residential Grant Program to encourage the renovation of older apartments and unused vacant space above businesses to stimulate the economic recovery of the Downtown area. 2. That the maximum grant be for 50% of the eligible funds up to $15,000 ($7,500 from the City and $7,500 from the Region) per unit based on a minimum renovation of $30,000 and there be an expenditure cap of $150,000 or 20 units in 2012 and the same amount or number of units in 2013. 3. That the Residential Grant Program come into effect on June 1, 2012 and be established until the end of 2013. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the report be deferred. Carried Unanimously - 8- Council Minutes May 29, 2012 PROPERTY MATTERS L- 2012 -10 - Declare Surplus and Offer for Sale, Former Boys and Girls Club, 6681 Culp Street The report recommends that approximately 1.33 acres of City -owned land as shown hatched on the attached location map ( "subject land "), located on the north west corner of the Culp Street and Carlton Avenue intersection, be declared surplus and offered for sale. Carlo Montemurro, was present and advised that he is interested in the property. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be given a first reading. Carried Unanimously 2012 -34 A by -law to declare Lot 11 Plan 49 Stamford; Part Lot 10 Plan 49 Stamford, in the City of Niagara Falls, surplus. (Boys & Girls Club) 2012 -35 A by -law to establish Block 20 on Registered Plan 59M -327 as a public highway, to be known as and to form part of Lucia Drive. 2012 -36 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2012. 2012 -37 A by -law to amend By -law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2012 -38 A by -law to authorize the payment of $9,285,242.44 for General Purposes. 2012 -39 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29th day of May, 2012. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. NEW BUSINESS Regency Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Council supports the staff assisting the owners of the Regency in their efforts with the MTO to expedite a second entrance to the establishment. Carried Unanimously - 9- Council Minutes May 29, 2012 Hospital Committee ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the HIP Committee be reinstated. Motion Carried with Councillors Gates and Morocco opposed. Provision of Grants ORDERED on the motion of Councilor Pietrangelo, seconded by Councillor Kerrio that staff bring back a report on putting conditions on Council grants. Carried Unanimously Governance ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff prepare a report on governance. Carried Unanimously 2016 Recreation League Hockey Championship ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff and the Recreation Committee form a Bid Committee for the 2016 Recreation League Hockey Championship. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the meeting be adjourned at 9:40 p.m. Carried Unanimously DEAN IORf7IDA, CITY CLERK JAMES M. DIODATI, MAYOR