2011/06/13 TENTH MEETING
REGULAR COUNCIL MEETING
June 13, 2011
Council met on Monday, June 13, 2011 for the purpose of considering Regular
Business matters in Council Chambers at 6:30 p.m. All members of Council were present.
Councillor loannoni offered the Opening Prayer.
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ADOPTION OF MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the minutes of May 30, 2011 be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Maves indicated a pecuniary interest in report L- 2011 -12.
Councillor Kerrio indicated a pecuniary interest in the new business item related to
Refreshment Vehicles.
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DEPUTATIONS/ PRESENTATIONS
Mayor's Youth Advisory Committee
Aaron Bailey and Yashvi Shahi, members of the Mayor's Youth Advisory Committee
updated Council on the various events the Committee did over the school year.
Shannen's Dream
Wes Prankard a local youth made a presentation and showed a brief video to
Council informing them of this his fundraising efforts to build a playground for First Nation
children in Attawapiskat. Council members provided a donation and Wes' efforts will be
highlighted on the City's website.
Italian Heritage Month
Sarah Vazquez and Sue Forcier, of the organizing committee, informed Council of
the Italian Heritage Month festivities scheduled for Club Italia on Sunday, June 26.
Niagara to GTA Corridor Study
John Slobodzian, Ministry of Transportation, Project Coordinator and Patrick
Puccini, Consultant Assistant Project Coordinator, URS Canada Inc. updated Council on
the draft recommendations and next steps for the Niagara to GTA Corridor Study.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Wing that
Council reiterate its' past support for year round GO Commuter service to the City of
Niagara Falls by 2015.
Carried Unanimously
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AM- 2011 -03, 4709 Dorchester Road
Victor Muratori, agent for the applicant, River Realty, requested that the matter AM-
2011-03 be brought back to Council for the requisite public meeting for July 18, 2011.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the public meeting for AM- 2011 -03, 4709 Dorchester Road be scheduled for July 18,
2011.
Carried Unanimously
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WATER/ WASTE WATER MATTERS
1. MW- 2011 -14 - Water and Wastewater Service Delivery Review Region of
Niagara - The report recommends that the City of Niagara Falls not support the Terms of
Reference as presented, but instead recommends, that if a study is to be undertaken,
the Terms of Reference be expanded to include a more comprehensive analysis of all
practical service delivery models, and further that,
The study process involve a steering committee, comprising elected officials from each
Area Municipality, and a technical advisory committee, comprising municipal staff from
Area Municipalities, to facilitate the collection of the necessary data and to ensure
transparency, accuracy and objectivity.
Regional Councillor Selina Volpatti indicated that the current terms of reference is
bias towards consolidation of services, that the amount allocated is insufficient to do a
through study and that she will protect the interests of the local taxpayer.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
Council approved the recommendation report.
Carried Unanimously
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MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences on behalf Council to Karl Dren, Director of
Transportation Services, on the passing of his father, Max.
Mayor Diodati outlined the following, recent events: the Federation of Canadian
Municipalities (FCM) conference held in Halifax, attended by himself and Councillors
loannoni and Morocco, and the Employee Excellence Breakfast. He provided information
on the effect the possible postal disruption may have on the delivery of tax bills.
Mayor Diodati advised that the Mayor's Youth Advisory Committee will be receiving
an Environmental Award from the Region and he provided an update on the Live Right
Now weight -loss challenge.
Councillor Maves vacated the Council Chambers.
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Ontario Korean Businessmen's Association - requesting the sale of beer and
wine in convenience stores.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the request be received and filed.
Carried Unanimously
Councillor Maves returned to the Council Chambers.
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REPORTS
P3 Canada
1. MW- 2011 -25 - Niagara Falls Soccer Club Indoor Facility Proposal - The report
recommends that the City support the Niagara Falls Soccer Club proposal in principle; and,
that the City's contribution be limited to in -kind services and technical support; and, that
staff be directed to submit an application to the P3 Canada Fund and to continue
investigating other possible grant and revenue opportunities.
Tim Chamberlain, President, Niagara Falls Soccer Club is in favour of the P3
application but in light of the timing for approval they are requesting that the City contribute
the $1 million possible under the program until a decision on the application has been
made. In addition, they are requesting the waiver of development charges, building permit
fees and site plan processing fees.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
the City support the Niagara Falls Soccer Club proposal in principle, that the City contribute
in -kind services, technical support and grants equal to the waiver of fees requested, that
staff be directed to submit an application to the P3 Canada Fund and to continue
investigating other possible grant and revenue opportunities and that the Region be
requested to waive their applicable development charges fees.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the City commits $1 million to the project, subject to the success of the P3 application.
Motion Carried
with Councillors loannoni and Wing opposed.
2. MW- 2011 -26, P3 Canada Fund Applications - the report recommends That staff
be directed to prepare and submit applications for Round Three of the P3 Canada Fund
for the following projects, which are listed in no particular priority;
• Fruitbelt Parkway Road Reconstruction Project
• Mewburn Road Bridge Replacement Project
• Lundy's Lane Gateway /Walkway Project
• Chippawa Boat Dock Project
• Niagara Falls Soccer Club Indoor Facility
• Sylvia Place Market /Transit Terminal
and that Council approve the related resolutions.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the recommendation report be approved and the City solicit private sector
projects for this and subsequent intakes of the P3 Canada program.
Carried Unanimously
-AND -
NO. 24 - 29 PIETRANGELO - IOANNONI THEREFORE BE IT RESOLVED that the
Corporation of the City of Niagara Falls submits the Sylvia Place Market and Bus Terminal,
Niagara Falls Soccer Club Indoor Facility Proposal, Fruitbelt Parkway Road Reconstruction
Project, Mewburn Road Bridge Replacement Project, Lundy's Lane Gateway /Walkway
Project and Chippawa Boat Dock Project as a projects for consideration under the P3
Canada Fund.
Carried Unanimously
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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- 2011 -26 - 2011 Debentures. The report recommends that Council request the Region
of Niagara to issue debentures on behalf of the City of Niagara Falls totalling $3,776,686.
F- 2011 -27 - Major Receivables (May). The report recommends that Council receive
the Monthly Tax Receivables report for information purposes.
ORDERED on to motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the reports be approved as recommended.
Carried Unanimously
MW- 2011 -06 - Fruitbelt Parkway Reconstruction Project, Cotton Construction
Development Agreement. The report recommends that the Mayor and City Clerk be
authorized to execute a Development Agreement with Cotton Construction Inc. for the
reconstruction of Fruitbelt Parkway.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the report be approved as recommended.
Carried Unanimously
PD- 2011 -33 - CB &FIG - 2011 -001, Commercial Building & Facade Improvement
Grant Application, Aleksandra Stojanovic & Damir Trninic, 5725 Robinson Street.
The report recommends the following:
1. That Council approve the Commercial Building & Facade Improvement Grant
Application for 5725 Robinson Street, subject to the owner satisfying the program
requirements including the entering into an agreement with the City and obtaining
any required permits.
2. That funds from the Historic Drummondville CIP Reserve be used to pay the grant
for this application.
3. That the Mayor and Clerk be authorized to sign and execute the agreement.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the report be approved and that staff bring back a report regarding the status of the CIP
funds in the Historic Drummondville CIP.
Carried Unanimously
PD- 2011 -38 - Matters Arising from Municipal Heritage Committee. The report
recommends the following:
1. That Council approve the alteration /restoration projects and grants for the following
designated properties:
(a) Earl Thomas House, 6320 Pine Grove Avenue, owners Len and Angela
Inkster, for the cost of painting of the sunroom and south gable end of the
house.
(b) Doran /Marshall /Burke House, 4851 River Road, owners Gary and Carolyn
Burke, for the cost of repairs to the cedar shingles on the carriage house.
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2. That Council approve the addition of the property at 5021 Garner Road to the
Municipal Register of Heritage Properties.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing
that the report be approved as recommended.
Carried Unanimously
R & C- 2011 -10 - Request to Name Section Four of the Millennium Trail. The report
recommends that Council approve the recommendation of the Recreation Committee to
name section four of the Millennium Trail in honour of Paisley Janvary -Pool.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the report be approved as recommended.
Carried Unanimously
BDD- 2011 -05 - Scotiabank Convention Centre Design Build. The report is
recommended for the information of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the report be approved as recommended.
Carried Unanimously
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ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni
that Council enter into an In Camera session to receive legal advice regarding L- 2011 -12
in Committee Room 1.
Carried Unanimously
L- 2011 -12 - General Insurance and Risk Management Program RFP. The report
recommends that the City enter the Ontario Municipal Insurance Exchange ( "OMEX ")
Insurance Reciprocal and contract with OMEX for insurance coverage for a premium of
$1,454,622.00.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Wing that
the General Insurance and Risk Management Program RFP be cancelled.
Carried Unanimously
with Councillor Maves declaring a pecuniary interest.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that staff negotiate with the City's current provider, Frank Cowan Company Ltd., to provide
insurance for a one -year term.
Carried Unanimously
with Councillor Maves declaring a pecuniary interest.
RESOLUTIONS
NO. 30 MOROCCO - PIETRANGELO THEREFORE BE IT RESOLVED the Council of the
Corporation of the City of Niagara Falls hereby requests The Regional Municipality of
Niagara to issue debentures in accordance with the terms and amounts set out below, and
further, that the City confirms that it has entered into a contract for or authorized the
commencement of all works herein listed.
NO. 31 MOROCCO - PIETRANGELO THEREFORE BE IT RESOLVED that the Canadian
Veterans National Rendezvous is a community event deserving of City Council support.
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BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Kerrio that the by -laws be given a first reading.
Carried Unanimously
2011 -77 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City roads. (Stopping Prohibited, Standing Prohibited, Parking
Prohibited, Taxi Stands, Yield Signs at Intersections, Pedestrian Crossing
Prohibited.)
2011 -78 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)
2011 -79 A by -law to amend By -law 98 -226, being a By -law to designate an area as
an Improvement Area and to establish for such area a Board of
Management.
2011 -80 A by -law to authorize the execution of an Agreement with Meridian Credit
Union and Kate S. Durdan Public School respecting the Adopt -A-
Street /Park /Trail public service program for volunteers.
2011 -81 A by -law to authorize the Mayor and Treasurer to execute a Letter of
Agreement between Her Majesty the Queen in right of the Province of
Ontario, represented by the Minister of Transportation for the Province of
Ontario (the "Ministry ") and the City of Niagara Falls (the "Municipality ")
Related to Funding Provided by the Province of Ontario (the "Province ") to
the Municipality under the Dedicated Gas Tax Funds for Public
Transportation Program
2011 -82 A by -law to authorize the execution of an Agreement with Hemson
Consulting Ltd. respecting Development Charges Peer Review Agreement.
2011 -83 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 13 day of June, 2011.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Kerrio that the by -laws be read a second and third time and passed.
Carried Unanimously
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NEW BUSINESS
FCM Conference
ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes
that staff report on allocating money in future budgets to allow attendance at the 2012
and 2013 FCM conference, in light of Niagara Falls hosting in 2014.
Carried Unanimously
Refreshment Vehicles
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that staff report back on the possibility of an ice cream stand on private property in the
Fallsview area.
Carried Unanimously
with Councillor Kerrio declaring a pecuniary interest.
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G8 Spending
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that staff get a report back on if any of the money diverted to the GM summit affected
border security, where the money was allocated to.
Carried Unanimously
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ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the meeting be adjourned at 10:15 p.m.
Carried Unanimously
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DEAN IORFID CITY CLERK JAMES M. DIODATI, AYOR