2013/09/10 FIFTEENTH MEETING
REGULAR COUNCIL MEETING
September 10, 2013
Council met on Tuesday, August 13, 2013 at 5:00 p.m. in Council Chambers. All
members of Council were present. Councillor loannoni offered the Opening Prayer.
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the minutes of August 13, 2013 be approved as recorded.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Morocco indicated an indirect pecuniary interest to report F-2013-46.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that Council refer the Tapestry Court matter to staff for a quick resolution.
Carried Unanimously
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REPORTS
CAO-2013-05 Municipality Contribution Agreement between the City of Niagara Falls
and the Ontario Lottery and Gaming Commission (OLG)
The report recommends:
1. That Council approve the Municipality Contribution Agreement between the City
of Niagara Falls and the Ontario Lottery and Gaming Corporation (OLG),
2. That Council authorize the Mayor and Clerk to sign said agreement.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that
the report be approved as recommended,
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that staff come back with a plan related to infrastructure projects.
Carried Unanimously
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CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF RE PORTS 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-2013-03-Tourism Partnership of Niagara(TPN)Regional Tourism Organization
(RTO) Grant ET Canada New Year's Eve Niagara Falls Show. The report recommends
that Council authorize the Mayor and Clerk to sign the TPN-RTO Agreement.
F-2013-47 - Monthly Tax Receivables Report. The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
F-2013-46 - 2013 Reimbursable Mileage Two-Tier Rates. The report recommends that
effective immediately, the reimbursable mileage rate be increased to $0.54 per kilometre
(from $0.52) for the first 5,000 kilometres driven and $0.48 (from $0.46) per kilometre for
all kilometres above 5,000 kilometres.
MW-2013-44-2013 Sidewalk and Concrete Repair-Contract#2013-02 Tender Award.
The report recommends
PBD-2013-58 - AM-2009-004, Zoning By-law Amendment Application North Side of
Frederica Street.Applicant: 800460 Ontario Limited(Eric Henry). Removal of Holding
(H) Regulations. The report recommends that Council pass the by-law appearing on
tonight's agenda to lift the holding (H) regulation from the subject lands currently zoned
R4(H)-894.
R&C-2013-15 - Arts& Culture Wall of Fame 2013 Inductees. The report recommends
the following:
That Council approve the following 2013 Arts & Culture Wall of Fame Inductees:
• Keith Campbell
• James Kerr
• Kevin Lafferty
• George Seibel
• Derek Tidd
• Tony Urquhart
• Niagara Concerts
R&C-2013-16 - Niagara Falls Canada Day Celebration. The report recommends that
Council approve Downtown Niagara Falls as the location for the Niagara Falls Canada Day
Celebration.
TS-2013-35 - Capital Purchase - Pay & Display Parking Machines. The report
recommends the following:
1. In order to meet the new wireless credit card processing protocols established by
the banking industry that Council approve the purchase of twenty-six (26) new
Citea model Hectronic parking machines from Electromega Inc.
2. That the Mayor and Clerk be authorized to execute the necessary agreements.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the reports be approved as recommended.
Carried Unanimously
with Councillor Morocco indicating an indirect pecuniary interest with F-2013-46.
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MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to Catherine Luey, a city employee, on the
passing of her stepmother Ruth Burchell; to the family of the late Bill Rapp, a former
platoon chief with the Niagara Falls Fire Department; condolences to the family of John
Kernahan, former Niagara Parks Commission General Manager; to Alex Herlovitch,
Director of Planning and Development on the passing his mother, Anne Herlovitch.
Mayor Diodati advised of recent events: Ni Fixed address event; AMO Conference
Ottawa; Prince Charles Park redevelopment ribbon cutting; First Annual Law Enforcement
Torch Ride for Special Olympics; Buskerfest; Chippewa Day; SNAP Newspapers new
brand launch; Epilepsy Niagara grand re-opening; dedication of the new mural at F.H.
Leslie Pool.
Mayor Diodati advised of upcoming events: Rotary Lobsterfest September 13th at
Club Italia; Granfondo Niagara Falls September 14th; Parade of the Unknown Soldier
September 15th at 10:00 a.m. at Fairview Cemetery; Terry Fox Run September 15th at
Oakes Park; Mayor's Healthy Lunch, September 17th 11:30-1:30 at Oakes Park; Night of
Art September 19th; Soap Box Derby September 21st at Fireman's Park; Kraft hockey Lives
on Event sponsored by Sobeys September 22'; Charlie Vandersluys professional portraits
offering free business portraits for individuals job searching, 7973 Lundy's Lane.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that a letter of thanks be sent to Charlie Vandersluys for his initiative in which he is
providing free photographs for unemployed individuals seeking employment.
Carried Unanimously
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 . Ontario Multifaith Council - requesting that October 14 - 20, 2013 be proclaimed
as "Spiritual & Religious Care Awareness Week".
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the request be approved.
Carried Unanimously
2.a Taps Brewing Company - requesting relief to the Noise By-law to allow outdoor
music until 11:00 p.m. on September 28th
2.b Niagara Falls Night of Art - requesting relief to the Noise By-law to allow outdoor
music until 10:00 p.m. on September 19th.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the requests be approved.
Carried Unanimously
3. Regional Municipality of Niagara - requesting comments on an application by
Target for a tourist exemption under the Retail Holidays Business Act.
RECOMMENDATION: Council support the application.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the request be supported.
Carried Unanimously
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4. Stamford Centre Volunteer Fireman's Association - requesting grants equal to
road closure costs and waiver of licence requirements for vendors for their Soap
Box derby and related events.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that a grant equal to the costs and licence requirements be approved.
Carried Unanimously
5. 97.7 HTZ Falls Ice Time - requesting off-peak ice hours in exchange for radio
advertising.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the be approved.
Carried Unanimously
ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo
that Council reaffirms their support of the SCVFA and directs staff to continue to work with
them to look at opportunities to assist the organization.
Carried Unanimously
PRESENTATIONS/DEPUTATIONS
Alzheimer Society
Teena Kindt, CEO of the Alzheimer Society of the Niagara Region informed Council
of the annual Coffee Break Event.
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by-laws be given a first reading.
Carried Unanimously
2013-134 A by-law to amend By-law No. 2010-34 to remove the holding symbol (H) on
the Lands on the north side of Frederica Street, west of Glenholme Avenue,
to permit the development of the Lands (AM-2009-004).
2013-135 A by-law to amend By-law No. 79-200, to permit a multiple unit residential
development on the Lands, subject to the removal of a holding (H) symbol,
and to repeal By-law No. 2010-34 (AM-2013-012).
2013-136 A by-law to establish Part 1 on Reference Plan 59R-14948 as a public
highway, to be known as and to form part of Willoughby Drive.
2013-137 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.
2013-138 A by-law to amend by-law 2011-61, a by-law provide for citizen appointments
to certain Committees.
2013-139 A by-law to authorize the execution of an Agreement with the Federation of
Canadian Municipalities (FCM) and the Regional Municipality of Niagara
respecting the Federation of Canadian Municipalities' 2014 Annual
Conference and Trade Show, May 30 to June 2, 2014.
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2013-140 A by-law to authorize the execution of an agreement between the Tourist
Partnership of Niagara (TPN) and the Corporation of the City of Niagara
Falls.
2013-141 A by-law to authorize the execution of a Municipal Contribution Agreement
between the Ontario Lottery & Gaming Corporation"OLG" and the
Corporation of the City of Niagara Falls.
2013-142 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 10`h day of September, 2013.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by-laws be given a second and third reading.
Carried Unanimously
NEW BUSINESS
Final Transportation Development Strategy for Niagara to GTA Corridor
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that Council go on record supporting the recommendations, of the Final Transportation
Development Strategy for Niagara to the GTA Corridor, proposing an expansion of
Highway 406 and the Niagara Q.E.W. from six lanes to eight lanes.
Carried Unanimously
Garner Road and Lundy's Lane
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff request the Region investigates a traffic light at the intersection of Garner Road
and Lundy's Lane.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes
that the meeting be adjourned at 6:50 p.m.
Carried Unanimously
D AN IORFI A, CITY CLERK JAMES M. DIODATI, AYOR