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03/24/2015 SIXTH MEETING REGULAR COUNCIL MEETING March 24, 2015 Council met on Tuesday, March 24, 2015 at 5:10 p.m. for the purpose of considering Regular Business matters. Councillor Strange offered the Opening Prayer or Invocation. All members of Council were present. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the minutes of the March 10th meeting be approved as printed. * * * * * DISCLOSURES OF PECUNIARY INTEREST Councillor loannoni indicated a pecuniary interest with cheque number 382074, made payable to herself. Councillor Craitor indicated a pecuniary interest with cheque number 382040, made payable to himself. Councillor Morocco indicated an indirect pecuniary interest with cheque number 382263, made payable to her spouse. Councillor Kerrio indicated a pecuniary interest with report F-2015-13, which could benefit his business. Mayor Diodati indicated a pecuniary interest with cheque number 381866, made payable to himself. * * * * * PRESENTATIONS 5:00 P.M. Carbon Monoxide Detectors Detectors Fire Chief Smith made a presentation on the carbon monoxide detectors and the introduction of the Hawkins-Gignac Act. ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio that the presentation be received for information. Carried Unanimously * * * * * BUDGET MATTERS Councillor Pietrangelo chaired the budget meeting. Capital Budget Tony Acuri, on behalf of the Niagara Falls Rowing Club, outlined the history of the club. He outlined how rowing is a burgeoning activity but it is time for the participants to have a local facility and not rely on St. Catharines or their current location on private property. He outlined their business plan and desire to locate at Bukator Park, which would provide some "eyes on" at the park. Council Minutes March 24, 2015 ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that Council support the initiative, direct staff to work with the Club on an appropriate lease at George Bukator Park and refer the capital budget request to staff for a report and to be considered with the remaining OLG funding. Carried Unanimously Jay Mason on behalf of the Chippawa Boat Dock Committee, made a presentation to Council requesting that the boat ramp project be added to the Capital Budget. He outlined the work done to date and how with past projects with the group, the City undertook the upland works. He was of the opinion that with the progress on the ramp construction, the City's works were essential. ORDERED on the motion of Mayor Diodati, seconded by Councillor Campbell that the 2015 Capital Budget be approved, as amended, adding the Chippawa Lions Club Park Tennis Courts project and the Chippawa Boat Ramp project, upland improvements in the amount of $291 thousand, eliminating office renovation projects in the Finance Department and Cemeteries section, with the renovation projects to be considered with the remaining OLG funding. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that staff report back on resolutions related to the Arbitration system and report back on how to bolster the volunteer firefighter ranks. Carried Unanimously Operating Budget JoAnne Turner, Boys & Girls Club of Niagara made a presentation to Council outlining the Clubs financial issues. ORDERED on the motion of Councillor loannoni, seconded by Councillor Strange that staff work with the Boys & Girls Club to deal with their shortfall. Carried Unanimously Councillor Pietrangelo stepped down as Chair 8:10 pm. PRESENTATIONS/DEPUTATIONS Niagara Community Foundation Liz Palmierei, Executive Director of the Niagara Community Foundation provided Council with a brief update on the Foundation's activities. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the presentation be received for information. Carried Unanimously * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to Teresa Molinaro, city employee, on the passing of her grandmother and condolences to Mark Jamieson, city employee, on the loss of his twin sons, Beau and Lewis Jamieson. Mayor Diodati advised of recent events: GO Rally, Chamber of Commerce Business After 5 at Can Eng and the Paul Harris Fellowship Awards Evening. 2 Council Minutes March 24, 2015 Mayor Diodati advised of upcoming events: State of the Region with Chair Alan Caslin, Miss Club Italia Pageant, Rally with Clara Hughes Luncheon, Niagara Community Outreach Fundraising Dinner, Stamford Centre Volunteer Firefighter's Association Easter Egg Hunt, Grand opening of Acountax, Marking More Miracles Fundraiser, Mayor's Lasagne Dinner for Development and Peace and Earth. Mayor Diodati extended a special thanks to the team of City Staff who have been working on restoring water services to families in Niagara Falls due to frozen pipes this winter. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1.a Carrie Bogoslowski - requesting relief to the Noise By-law to allow amplified music after 9:00 p.m. at her wedding on August 15th at 7043 Brittany Court. 1.b Breanna Mills - requesting relief to the Noise By-law to allow amplified music after 9:00 p.m. at her wedding in July at 13090 Crowland Avenue. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the requests be approved. Carried Unanimously 2. Redboss Pyrotechnics - requesting approval for use of Glenview Park for various firework displays for Great Wolf Lodge. RECOMMENDATION: For the Approval of Council, subject to insurance requirements. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved, subject to insurance requirements. Carried Unanimously 3. Conseil Scolaire Viamonde - requesting a flag raising ceremony on September 25 to celebrate "Franco-Ontarian Day". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the request be approved. Carried Unanimously 4. Town of Fort Erie - a resolution related to the proposed Canadian Motor speedway. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that the Council support the resolution. Carried Unanimously 3 Council Minutes March 24, 2015 5. Arif Merani Fundraising Group - requesting street name recognition for Arif Merani. RECOMMENDATION: Refer to staff. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the request be referred to staff. Carried Unanimously 6. Royal Canadian Legion Branch 51 - requesting a grant equal to the fees and charges associated with the road closure for the 78th Annual 40 & 8 pilgrimage. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that the request be approved. Carried Unanimously 7. Downtown Board of Management - requesting approval of the Board of Directors for the 2015 - 2018 Council term and their 2015 budget. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the Board of Directors and budget be approved. Carried Unanimously 8. Celebrate Old Downtown - requesting a grant equal to road closure fees and other in-kind services for "Springlicious". RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the request be approved. Carried Unanimously 9. Celebrate Old Downtown - requesting a grant equal to road closure fees related to their weekly car show "Cruising on the Q", Tuesdays from May 5th to October 6th RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the request be approved. Carried Unanimously 4 Council Minutes March 24, 2015 10. Sam DiCarlo - requesting that a parking lot at Monroe Plaza, subject of a future zoning by-law amendment application, be shut down. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the letter be received and filed. Motion Carried With Councillors Craitor and Pietrangelo opposed. 11. Gary Wilkins - requesting relief of fees related to a Committee of Adjustment application on compassionate grounds. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that this be referred to the Committee of Adjustment with recommendation from Council supporting relief of the application fees. Carried Unanimously 12. ORCGA - Request a flag raising for April 1st, 2015. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that the communication be approved. 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. F-2015-13 - Niagara Falls Tourism Requests The report recommends that Council approve the funding request. ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that the funding request be deferred to be considered with the remaining OLG funding. Motion Carried with Councillors Thomson and Pietrangelo opposed and Councillor Kerrio declaring a conflict. MW-2015-04 — LED Street Light Retrofit Project The report recommends that staff be directed to proceed with the LED Street Light Retrofit Project; and that the required funding be approved for this project. 5 Council Minutes March 24, 2015 ORDERDED on the motion of Councillor Morocco, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously F-2015-09 - Statement of Remuneration & Expenses for Members of Council & Commissions. The report is recommended for the information of Council. F-2015-11 - Major Receivables Monthly Report (Feb) The report is recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2015-12 -Municipal Accounts The report recommends that Council approve the municipal accounts totaling $10,791,495.14 for the period February 5, 2015 to March 4, 2015. L-2015-10 - Canadian National Railway Company, Licence Agreement with the City, The Niagara Falls Lion's Legacy Trail (Formerly Millennium Tail Phase 3) The report recommends that the City enter into two Agreements with the Canadian National Railway Company ("CNR") as follows: 1. Agreement with respect to the use and maintenance of a railway crossing over the lands shown on Attachment "1" to this Report, for the purpose of extending The Niagara Falls Lion's Legacy Trail ("Legacy Trail") ("Use and Maintenance Agreement"); and 2. Agreement with respect to the use of an existing concrete pedestrian tunnel as shown on Attachment "2" to this Report, for the purpose of using it in conjunction with the Legacy Trail ("Pedestrian Tunnel Agreement"). 3. That the Mayor and Clerk be authorized to execute the Use and Maintenance Agreement and Pedestrian Tunnel Agreement. L-2015-11 - Assignment of Lease, Centre Court Café MacBain Community Centre The report recommends that subject to the completion of due diligence, the City accept the assignment of the Lease of the Centre Court Café from 1624609 Ontario Inc. to Bassam Faraj and Nadine Azzo, or a corporation to be nominated by them. PBD- 2015-12 - DOW-2015-001 Facade Improvement Grant, 4407 Queen Street, Owner: Antonio Barranca The report recommends that Council approve the Commercial Building Improvement Grant Applications for 4407 Queen Street (Antonio Barranca) subject to the owner satisfying the program requirements. PBD-2015-13 - DOW-2015-002, Facade Improvement Grant, 4411 Queen Street. Owner: Mary Barranca The report recommends that Council approve the Commercial Building Improvement Grant Applications for 4411 Queen Street (Mary Barranca) subject to the owner satisfying the program requirements. R&C-2015-02 - Healthy Kids Community Challenge Funding The report recommends that Council receive the report for information purposes. TS-2015-08 - Cambridge Street - Intersection Control Reviews The report recommends that a stop sign is installed on the following intersection approaches: 1. Facing westbound motorists on Cambridge Street at Wiltshire Boulevard; 2. Facing northbound motorists on Potter Heights at Cambridge Street; and 6 Council Minutes March 24, 2015 3. Facing southbound motorists on McColl Drive at Cambridge Street. TS-2015-10 - Niagara College Summer Transit Service Extension The report recommends that Niagara Falls Transit services are provided to Niagara College students residing within the City of Niagara Falls from May 1, 2015 through August 31, 2015 in return for twenty-five cents per ride, which will be paid by the Niagara College Student Administrative Council; and that the Mayor and Clerk are authorized to execute the necessary agreements. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the remainder of the reports on the Consent Agenda be approved as recommended. Carried Unanimously RESOLUTIONS NO. 8- KERRIO- CAMPBELL -Therefore be it resolved that Niagara Falls City Council endorse the Age-Friendly Planning Strategy developed by Heartland Forest to support participation and healthy active lifestyles for older adults and all citizens; NO. 9 -KERRIO- CAMPBELL -Therefore be it resolved that Niagara Falls City Council endorse the Age-Friendly Planning Strategy developed by St. John Ambulance, Niagara Falls Branch to support participation and healthy active lifestyles for older adults and all citizens; NO. 10 -KERRIO- CAMPBELL -Therefore be it resolved that Niagara Falls City Council considers the eighth annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event; NO. 11 -KERRIO- CAMPBELL -Therefore be it resolved that Niagara Falls City Council considers the Niagara Folkarts Festival to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event; NO. 12 - KERRIO- CAMPBELL - Therefore be it resolved that Council confirms the actions of Staff in filing the Notices of Appeal or Complaint against those properties set out in Schedule "A" attached to the Resolution; and that staff of the City of Niagara Falls are hereby directed to take whatever action is required to prepare, present and argue the City's case with respect to the assessment of the properties listed in Schedule "A" as attached to this resolution of Council before the Assessment Review Board, including, without limiting the generality of the foregoing, the retention of legal counsel and qualified experts in the appraisal of real property. Carried Unanimously * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 2015-28 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking, Yield Signs at Intersections). 7 Council Minutes March 24, 2015 2015-29 A by-law to authorize the execution of a License Agreement with Canadian National Railway Company, respecting the use and maintenance of a railway crossing. 2015-30 A by-law to authorize the execution of a License Agreement with Canadian National Railway Company, respecting the use of an existing concrete pedestrian tunnel for recreational trail use. 2015-31 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. 2015-32 A by-law to authorize the execution of an agreement with the Niagara College Administrative Council Inc. for the provision of transit services. 2015-33 A by-law to provide for citizen appointments to certain Committees and Boards. 2015-34 A by-law to authorize the payment of $10,791,261.66 for General Purposes. 2015-36 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24th day of March, 2015. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading and passed. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the meeting be adjourned at 9:35 p.m. Carried Unanimously _ cv DEAN IORF DA, CITY CLERK JAMES M. DIODATI, MAYOR 8