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04/25/2017FIFTH MEETING REGULAR COUNCIL MEETING April 25, 2017 Council met on Tuesday, April 25, 2017 at 4:30 p.m. in a Closed Meeting related to the items noted in the resolution below. All members of Council were present. MOROCCO STRANGE- THEREFORE BE IT RESOLVED that on March 28, 2017 at 4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider a matter that falls under s.239(2)(f) advice that is subject to solicitor -client privilege pertaining to 4239 Huron Street. Council did not rise and report related to the Closed Meeting session. Council met on Tuesday, April 25, 2016 at 5:15 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor loannoni were present. Kennedi Fargnoli sang the National Anthem. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the minutes of the March 28, 2017 meeting be approved. Carried Unanimously DISCLOSURE OF PECUNIARY INTERESTS Councillor Thomson indicated a conflict to report PBD -2017-12. Councillor Morocco indicated a pecuniary interest to cheque number 403161, made payable to her spouse. Councillor Campbell indicated a pecuniary interest to cheque number 403637 made payable to himself. Councillor Kerrio indicated a conflict to report PBD -2017-12, he owns the next door property. Councillor Pietrangelo indicated a conflict to a wire transfer to the Niagara Catholic District School Board 00075005, his employer; to cheque number 403180, made payable to himself and to report MW -2017-12. Councillor Craitor indicated a pecuniary interest to cheque numbers 403112 and 403646 made payable to himself. Mayor Diodati indicated a pecuniary interest to cheque number 403122 made payable to himself. Council Minutes April 25, 2017 REPORTS MW -2017-14 — City of Niagara Falls Master Drainage Plan Update Study The report recommends the following: That this report be received and endorsed by Council, and that staff be directed to finalize the City of Niagara Falls Master Drainage Plan Update Study (MDPUS) Report and supporting documents and post them for the mandated 30 -day public review period in accordance with the Municipal Class Environmental Assessment process. That staff be directed integrate the recommendations contained in the MDPUS into the Municipal Works departmental priorities including future Capital and Operating budgets Ken Schachowskoj, Infrastructure and Asset Manager provided Council with an update on the Master Drainage Plan. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the presentation be adopted and that staff report back on the possibility of upsizing the Ontario Power Generation pipe in the Corwin Avenue area of the City. Carried Unanimously DEPUTATIONS/ PRESENTATIONS 6:00 P.M. Local Authors Sylvia Somerville and Heidi Klose informed Council of a book launch they are having at the Gale Centre June 17 from 10 am-3p.m.. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the room fee at the Gale Centre be waived for the June 17th book launch and that the event be promoted through the City's website. Carried Unanimously Regional Chair Regional Chair Alan Caslin provided Council with an update on Regional Council activities. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that staff bring back a report regarding regionalizing Fire Services. Motion Carried With Councillors Craitor and Pietrangelo opposed. ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio that Regional Chair Alan Caslin's presentation be received. Carried Unanimously 2 Council Minutes April 25, 2017 PLANNING MATTERS Public Meeting PBD -2017-11 — 26CD-11-2017-002 & AM -2016-021, Garwood Homes, Plan of Vacant Land Condominium and Zoning By-law Amendment Application. 5065 Portage Road and the abutting southerly vacant parcel. Applicant: Garwood Homes Inc. ( Peter Garwood -Jones). Agent: Robert Wheatly. The report recommends the following: 1. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after the notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; 4. That the application to amend the Zoning By-law be approved as detailed in this report and that Council pass the amending by-law included in tonight's agenda; and 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. The Public meeting was closed. ORDERED on the motion of Councillor Campbell, seconded by Councillor Craitor that the application be denied. Carried Unanimously Public Meeting PBD -2017-12 — Amending Agreement to the Fallsview Casino Development Agreement The report recommends that Council not support the requested Development Agreement Amending Agreement as the proposed development of a 5,000 seat theatre in that location and at the height proposed has a significant impact on the businesses in the nearby area which could have significant financial implications on the hoteliers and the City. The Director of Planning provided Council with an overview. The Public Meeting was closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously With Councillors Kerrio and Thomson declaring a conflict. 3 Council Minutes April 25, 2017 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-2017-04 — Small Business enterprise Centre (SBEC/BDD) Ministry of Economic Development and Growth Summer Company 2017 Agreement The report recommends that Council authorize the Mayor and Clerk to sign the SBEC- MEDG Summer Company 2017 Grant agreement. F-2017-14 — Cancellation, Reduction or Refund of Taxes The report recommends that Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. F-2017-15 — Major Receivables Monthly (March) The report recommends that Council receive the Monthly Tax Receivables report for information purposes ORDERED on the motion of Councillor Craitor, seconded by Councillor Pietrangelo that staff report on the tax collection process by including a list of individual properties that are subject to registration due to unpaid taxes. Motion Defeated F-2017-16 — Municipal Accounts The report recommends Council approve the municipal accounts totaling $37,870,939.71 for the period March 8, 2017 to April 10, 2017 MW -2017-05 — Tender Award: 2017-357-14 Butler Place, Secord Place and Empire Place Watermain Replacement Project The report recommends the following: 1. The contract be awarded to the lowest bidder Cotton Inc. at the corrected tendered price of $677,627.90 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That the 2017 Capital Budget be amended to reflect the additional costs and funding derived from the Capital Holding reserve. 4 Council Minutes April 25, 2017 MW -2017-10 — Tender Award: 2017-269-12 Buckley Av Phase II — Sewer Separation, Watermain Replacement and Road Reconstruction The report recommends the following: The contract be awarded to the lone bidder Provincial Construction at the corrected tendered price of $856,180.24. That the Mayor and City Clerk be authorized to execute the necessary contract documents. That the 2017 Capital Budget be amended to reflect the additional and funding derived from the Capital Holding reserves. MW -2017-11 — Tender Award: 2017-04, 2017 Asphalt Patching City Wide The report recommends the following: That the contract be awarded to the lowest bidder Circle P Paving Inc., up to the limits established in the 2017 General Purposes and Utility budgets. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW -2017-12 — Tender Award: 2017-437-17, E.E. Mitchelson Park Artificial Turf Development Project The report recommends the following: That Contract #2017-437-17 be awarded to the lowest bidder, WorldWide Turf Inc. from Barrie Ontario, at the corrected tendered price of $ 1,212,108 (plus HST). That the Mayor and City Clerk be authorized to execute and the necessary contract documents. That staff be directed to prepare the necessary Service Level Agreements with the funding partners for Council's consideration. That the 2017 Capital Budget be amended to reflect the increased expenditures and funding derived from the OLG contribution agreement reserve fund. MW -2017-13 — Park Infrastructure Projects — Projects Update The report recommends the following: That park locations identified for improvements under the 2017 Park Infrastructure Project be accepted: Westfield Park, Prince Edward Park, Stamford Lions Park, Gustavus Munroe Park, Royal Manor Park and Glenview Park. That Council approve the supply and installation of park site improvements and playground equipment for Ontario Park, F.J. Miller Park, Westfield Park, Prince Edward Park, Stamford Lions Park, Gustavus Munroe Park, Royal Manor Park and Glenview Park. That the Mayor and Clerk be authorized to execute the necessary tender contracts. 5 Council Minutes April 25, 2017 TS -2017-12 — Buttrey Street — Intersection Control Review The report recommends the following: That a stop sign be installed facing southbound motorists on Dyson Avenue at Buttrey Street; That a stop sign be installed facing southbound motorists on Martin Avenue at Buttrey Street; and, That a stop sign be installed facing southbound motorists on Broughton Avenue at Buttrey Street. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the reports on the Consent Agenda be approved as recommended. Carried Unanimously MW -2017-15 — George Bukator Park Trail Improvements Contract Award 2017-377- 15 The report recommends the following: 1. That the tender for the George Bukator Park Trail Improvements be awarded to D & R Landscape Group Inc. in the amount of $50,423.00 (plus HST). 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the report be approved and that staff investigate the use of stone dust trails or other surfaces as opposed to wood chip trails and work with the Niagara Peninsula Conservation Authority as needed, and that staff explore any concept plans of connectivity with other trails within the City. Carried Unanimously PBD -2017-09 — Program Extensions Under the Downtown, Historic Drummondville and City -Wide Community Improvement Plans The report recommends that Council support a program extension for the Downtown, Historic Drummondville and City-wide Brownfields Community Improvement Plans to December 2019 as outlined in this report and that a copy of this report be forwarded to the Niagara Region. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the report be approved amending the extension date to December 2018. Carried Unanimously 6 Council Minutes April 25, 2017 MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to the families of: Jean Andre Lachance — brother-in-law of Roger Pigeon of our Fire Services Dept; Julie Roberto, wife of volunteer firefighter Phil Roberto; Bill Moffatt stepfather of Transit Operator Barbara Byers; Bert Gahn brother of Brain Gahn of the Municipal Works Dept and Ernie Bendo father of Wayne Bendo, retired from Erie Services. Mayor Diodati advised of the following: Transit announcement, Federal government announced $4.3 million in Infrastructure funding for Niagara Falls; Congratulations to Emily Hunter of MYAC on her acceptance to Harvard; Rally to save casino jobs took place March 29th in front of Fallsview Casino; Canada Summer Games announced in Niagara 2021; Welcome of Prime Minister of Italian Republic ; 10 parks will be revitalized this year and the first park will be opened May 6th Solar Park. Next meeting will take place May 9, 2017. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Regional Municipality of Niagara — requesting Council consider the Region's By- law providing the Niagara Region with the non-exclusive authority to establish, operate and maintain an inter -municipal passenger transportation system for the Niagara Region. RECOMMENDATION: That Council approve the related resolution on the Council agenda. ORDERED on the motion of Councillor Campbell, seconded by Councillor Morocco that the communication be approved. Carried Unanimously 2. Minister Responsible for Seniors Affairs — requesting that June be proclaimed as "Seniors Month". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Campbell, seconded by Councillor Thomson that the communication be approved. Carried Unanimously 3. Co-operative Housing Federation of Canada — requesting that June 10, 2017 be proclaimed as "Co-operative Housing Day". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that the communication be approved. Carried Unanimously 4. Pride Niagara — requesting a flag raising for "Pride Week:, June 3rd to 10th. RECOMMENDATION: For the Approval of Council. 7 Council Minutes April 25, 2017 ORDERED on the motion of Councillor Campbell, seconded by Councillor Strange that the communication be approved. Carried Unanimously 5. Victoria Centre BIA — requesting approval of their 2017 budget. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the communication be approved. Carried Unanimously 6. Rotary Niagara Falls Sunrise Ribfest — requesting a grant equal to fees associated with their event and relief to the Noise By-law. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Strange that the communication be approved. Carried Unanimously 7. Celebrate Old Downtown - requesting a grant equal to fees associated with their event, relief to various by-laws and in-kind services. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the communication be approved. Carried Unanimously 8. Brain Tumour Awareness Month — That the month of May 2017 be proclaimed as " Brain Tumour Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the communication be approved. Carried Unanimously 9. Celebrate Old Downtown — Request for the fee waiver related to Road closure for event starting May 2nd " Cruising on the Q" RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimously 8 Council Minutes April 25, 2017 RESOLUTIONS PIETRANGELO — STRANGE - THEREFORE BE IT RESOLVED that Niagara Falls City Council consents to the passage of By-law No. 2017-21 of the Regional Municipality of Niagara, being a by-law to provide Niagara Region with the non-exclusive authority to establish, operate and maintain an inter -municipal passenger transportation system for the Niagara Region. Carried Unanimously PIETRANGELO — KERRIO - THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the "Pieces of Canada" exhibition to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence and agrees to the request for relief to the City's Noise By-law to permit outdoor entertainment until 10:00 p.m. Carried Unanimously PIETRANGELO — KERRIO- THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Rotary Club of Niagara Falls Sunrise Ribfest to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event and grants relief to the City's Noise By-law to allow entertainment until 11:00 p.m. 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 2017-43 A by-law to authorize the execution of a Lease Amendment Agreement with 2557417 Ontario Corp., respecting additional provisions to the original Lease for the premises operating as Abby's Cafe at the MacBain Community Centre, 7150 Montrose Road, Niagara Falls. 2017-44 A by-law to amend By-law No. 79-200, to regulate the Warren Woods Estates Phase 5 plan of subdivision on the Lands and to rezone the area north, east and south of the subdivision EPA (AM -2016-022). 2017-45 A by-law to authorize the use of optical scanning vote tabulators for the purpose of counting votes at the 2018 Municipal Elections. 2017-46 A by-law to prohibit certain uses of land in the area of the City of Niagara Falls regulated by Zoning By-law Nos. 79-200, as amended; 1538, 1958 as amended; 395, 1966 as amended; and 70-69 as amended. 2017-47 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. 2017-48 A by-law to authorize the execution of an agreement with Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Economic Development and Growth, and the Corporation of the City of Niagara Falls, respecting the Summer Company Program. 9 Council Minutes April 25, 2017 2017-49 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25th day of April, 2017. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS Harvard Avenue — Collapsed Sewer ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that Council allocate up to $100,000 engineering design work. Carried Unanimously KO Childhood Cancer ORDERED on the motion of Councillor Campbell, seconded by Councillor Thomson that Council purchase a table at the upcoming Charity Boxing event, June 16th, 2017. Carried Unanimously Pumping Station ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that staff report back on the history of the pumping station at Mewburn and Mountain Road. Carried Unanimously Recycling bin options ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that staff gather information from the Region on a bagging system or other options with regards to recycling. Carried Unanimously AirBnb ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that staff bring back a report with options outlining how the vacation rental operations can be controlled in the City. Carried Unanimously Riverview Park ORDERED on the motion of Councillor Thomson, seconded by Counillor Morocco that staff investigate an interim solution for the park . 10 Council Minutes April 25, 2017 OREDERED on the motion of Councillor Strange, seconded by Councillor Morocco that the meeting be adjourned at 9:30 p.m. BILL MATSON, ACTING CITY CLERK 11 Carried Unanimously JAMES DIODATI, MAYOR