2013/11/26 TWENTIETH MEETING
REGULAR COUNCIL MEETING
November 26, 2013
Council met on Tuesday, November 26, 2013 at 4:00 p.m. for an In Camera
session. All members of Council were present.
NO. 44 - MAVES - KERRIO - THEREFORE BE IT RESOLVED THAT on November 26,
2013 at 4:00 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 the subject
matter of 239(2)(f) advice that is subject to solicitor-client privilege, related to negotiations
with the NRPS, and a matter under 239(2)(c)a proposed disposition of land related to Part
4 on Reference Plan 59R-13223, Union Avenue.
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
Council met for the purpose of considering Regular Business matters in Council
Chambers at 5:35 p.m. Councillor Thomson offered the Opening Prayer. All members of
Council were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni
that the minutes of November 12, 2013 be approved as recorded.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor loannoni indicated pecuniary interest and indirect pecuniary interests to
cheque numbers 367895, 368492, 368177 and 368352, one being a reimbursement
cheque and the other made out to members of her family.
Councillor Wing indicated a conflict with report MW-2013-60, as she has an appeal
before the Ontario Municipal Board and the report is related to Battlefield lands.
Councillor Morocco indicated an indirect pecuniary interest with cheque number
368196, made payable to her spouse.
Mayor Diodati indicated a pecuniary interest to cheque number 368124, made
payable to himself.
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REPORTS
Fence Variance Appeal
PBD-2013-75 - Fence Minor Variance, 4095 Drummond Road, Applicant: Roger
Barthe.
The report recommends that the decision of the Chief Building Official to grant a
variance to the Fence By-law, dated September 9, 2013 be upheld.
Jeff Menard, Chief Building Official, introduced the report and provided Council with
a brief summary of the property.
Todd Reid, 4079 Drummond Road, advised that he is opposed to the minor
variance request proposed by the applicant.. Mr. Reid indicated that although Drummond
Road is one way, the view is obstructed, especially for pedestrians traveling north. Mr.
Reid felt the fence should be brought into compliance.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the fence at 4095 Drummond Road be brought into compliance with the city's Fence
By-law.
Motion Carried
with Councillor Pietrangelo and Wing opposed
MW-2013-60 - Lundy's Lane Battlefield Gateway Design Preliminary Battlefield Park
Master Plan
The report recommends the following:
1 . That the presentation from IBI Group on the Lundy's Lane Battlefield Gateway
design be received, and further
2. That staff and the consultant be directed to work with the Lundy's Lane BIA to
establish and acceptable "Welcome to Lundy's Lane" feature in addition to or in
conjunction with the Gateway Project, and further
3. That staff advance the Public Tender for construction and confirm the external
funding partnerships for consideration in the 2014 Capital Budget.
Don Jackson, representing the Museums on the Steering Committee outlined the
history of the project.
David Jovanovic, Project Manager of the Lundy's Lane BIA, described the BIA's
commitment, how this area is the crossroads of Niagara Falls and how the projects related
to culture and history of the Battlefield lands will be good for tourism.
Don Loucks, IBI Consulting, outlined his company's approach to the design of the
proposed gateway.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the recommendation report be approved.
Carried Unanimously
TS-2013-49 -Downtown BIA, Request for 2-hour on-street free Parking in December.
The report recommends the following:
1) That two-hour free parking in the Downtown Core during the Month of December
at on-street parking meters and on-street pay and display machines only, be
approved.
2) That the Downtown C.I.P. fund be used to off set the lost revenue from paid parking
during the month of December 2013
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Nem Kuntos, General Manager, Downtown BIA, questioned why the BIA was now
required to compensate for the loss of revenue.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that Council approve two-hour free parking in the Downtown during the month
of December and that the funds not be taken from the Downtown CIP.
Motion Carried
with Councillor Wing opposed
F-2013-68 - OLG Update
The report recommends the following that Council authorize staff to develop a
Capital Reserve Fund for the enhanced revenues generated by the OLG Municipality
Contribution Agreement.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the report be approved
Carried Unanimously
NO. 45 - KERRIO - PIETRANGELO THEREFORE BE IT RESOLVED that Niagara Falls
City Council commit up to $22 million toward the City of Niagara Falls' pro-rated share of
the local contribution amount, that the local contribution amount be funded from the
Ontario Lottery & Gaming Corporation (OLG) Municipality Contribution Agreement and
that City staff be directed to report back on an appropriate funding schedule.
Carried Unanimously
PRESENTATIONS/DEPUTATIONS
2013 World Sport Jiu-Jitsu Championships
Mayor Diodati recognized the 2013 World Sport Jiu-Jitsu Championships medalists
Michael Pisano, Ken Bridgman and John Balasz and presented them with plaques.
South Niagara Hospital
The Mayor recognized Larry Vaughan, Tim Parker and Shane Benvenutti for their
efforts to assist the community with getting the word out about the preferred site for the
new Niagara South Hospital location.
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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.
CD-2013-08 -2014 Council Schedule. The report recommends that Council approve the
proposed 2014 Council Schedule.
ORDERED on the motion of Councillor Gates, seconded by Councillor Mayes that
the report be approved.
Carried Unanimously
F-2013-50, Investment Policy. The report recommends that staff request Expressions of
Interest from qualified financial institutions for short term investment services and report
back to Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson
that the report be approved as recommended.
Carried Unanimously
PBD- 2013-72 - Official Plan Amendment No. 113 Morrison/ Dorchester Node. The
report recommends that Council adopt Official Plan Amendment No. 113 to lift the deferral
of the Morrison/Dorchester Node policies and schedule.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson
that the report be approved.
Motion Carried
with Councillor Gates opposed
CD-2013-09-Adult Entertainment Hearing, November 12. The report recommends that
based on the recommendation of the Adult EntertainmentAppeals Committee,the decision
of the Issuer of Licences, in the revocation of a licence, be upheld.
F-2013-60 -Cancellation, Reduction or Refund of Taxes, Under Section 357 and 358
of The Municipal Act, 2001. 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-2013-61 -Major Tax Receivables Report.The report recommends that Council receive
the Monthly Tax Receivables report for information purposes.
F-2013-62 -Treasurer's Write Off Report. The report recommends that the property tax
accounts listed in Table 1 be written off and expensed in 2013.
F-2013-64 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $31,356,129.71 for the period October 3, 2013 to November
6, 2013.
MW-2013-40- Niagara United Soccer Club Scoreboard Agreement. The report
recommends the following:
1. That the City of Niagara Falls enter into an agreement with the Niagara United
Soccer Club (NUSC) for the use of a Scoreboard; and
2. That the Mayor and City Clerk be authorized to sign the agreement.
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MW-2013-59 - Emergency Repairs Buttrey Street Sewer Outfall. The report
recommends the following:
1. That Council retain Hatch Mott MacDonald as the consultant for this project to
complete the engineering investigation and design of the emergency repairs to the
Buttrey Storm Outfall, and further
2. That Council approve adding this project to the 2013 Capital Program and amend
the previously approved Capital Budget.
PBD-2013-69 -Matters Arising from Municipal Heritage Committee. The report
recommends that Council direct staff to issue a Notice of Intention to Designate for the
property at 5257 River Road, Niagara Falls under Part IV of the Ontario Heritage Act,
R.S.O. 1990.
PBD-2013-71 -Official Plan Amendment No. 112 Value Added Agricultural Uses.The
report recommends that Council approve Official Plan Amendment No. 112 to add Value
Agricultural Uses policies.
PBD-2013-73 - PLC-2013-010, Request for Removal of Part Lot Control Blocks 82,85
and 195, Registered Plan 59M-388 Warren Woods Phase 1 Subdivision. Applicant:
Armstrong Hunter and Associates. The report recommends the following:
1. That Council approve the request and pass the by-law included in tonight's agenda
to designate Blocks 82,85 and 195 on Registered Plan 59M-38, as exempt from
part Lot Control for a period of three years; and
2. That the developer be required to notify the City when the new deeds for the parcels
have been registered.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the reports on the Consent Agenda be approved as recommended, with F-2013-62
amended to reflect the correct amount for 5244 Ontario Avenue.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to Sue Thomas-Clapp and Laura Potolivo, city
employees on the passing of their mother and step-mother, Jean Thomson and to the
family of Joe Pietrangelo, uncle of Councillor Victor Pietrangelo.
Mayor Diodati advised of the following: Quesada Burritos and Tacos opening, the
Santa Claus Parade, Let them Shine Fashion Show, Joy Vintage Emporium opening,
Niagara Regional Police Headquarters groundbreaking, M&G Sandwich Shop opening,
Niagara Falls Fire Department Rookies Rooftop Campout fundraiser, Walk and Talk with
the Mayor, and the Emergency Operations exercise.
Mayor Diodati advised of upcoming events: Angels Everywhere, Kristina's Kolours
Facial Spa grand opening, Inspire Heath Niagara grand opening, Niagara Concerts,
Heartland Forest Family Christmas Tree Decorating, Home Instead Senior Care opening
and the Annual Christmas By the Falls.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Fernwood Residents - requesting that the parkette and trail within their
subdivision be funded and developed.
RECOMMENDATION: Refer to 2014 Budget for consideration.
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ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes
that the request be referred to the 2014 budget for consideration.
Carried Unanimously
2. United Way/ FCM - requesting approval of a resolution calling on the Federal
government to enact a national, long-term plan for housing.
RECOMMENDATION: For the approval of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the request be approved.
Carried Unanimously
RATIFICATION OF "IN CAMERA" MATTERS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the recommendations from the May 28th, 2013 meeting be approved:
1. L-2013-40
Offers to Purchase
1. That the City convey Part 1 on Attachment"A"to 1736135 Ontario Limited (Radice,
Sandstone Grillhouse and Lounge) for $24,000.00.
2. That the City convey Part 2 on Attachment "A" to St. Paul's Evangelical Lutheran
Church for $24,000.00.
3. That the City convey an easement in perpetuity over the southerly 5 feet (1.5m) of
Part 1 to St. Paul's Evangelical Lutheran Church, for ingress and egress.
4. That the City convey an easement in perpetuity over the northerly 5 feet (1.5m) of
Part 2 to 1736135 Ontario Limited, for ingress and egress.
5. That the two easements be conveyed prior to the conveyances of Parts 1 and 2.
6. That the City prepare the documents required to undertake the conveyances.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by-laws be given a first reading.
Motion Carried
with Councillor Gates opposed to 2013-167
2013-166 A by-law to provide for the adoption of Amendment No. 112 to the City of
Niagara Falls Official Plan. (OPA #112)
2013-167 A by-law to provide for the adoption of Amendment No. 113 to the City of
Niagara Falls Official Plan. (OPA #113)
2013-168 A by-law to designate Blocks 82, 85 and 195, Registered Plan 59M-388, not
be subject to part-lot control (PLC-2013-010).
2013-169 A by-law to amend By-law No. 79-200, to permit a 125 unit, 12-storey
apartment dwelling on the Lands (AM-2013-009).
2013-170 A by-law to authorize the payment of$31,356,129.71 for General Purposes.
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2013-171 A by-law to authorize the execution of a Licence Agreement with Niagara
United Soccer Club Inc. respecting permission to place a scoreboard on the
City owned lands and premises known as the Kalar Road Community Sports
Park located at 6775 Kalar Road, Niagara Falls.
2013-172 A by-law to authorize the execution of a Sublicence Agreement with Ontario
Power Generation Inc. and Chippawa Public Docks Committee dated
December 12, 2011, respecting the sublicence of the Ontario Power
Generation Inc. lands for the New Chippawa Boat Ramp.
2013-173 A by-law to adopt a Consulting Agreement Purchase Order form.
2013-174 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. ( Parking Prohibited).
2013-175 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 26`" day of November, 2013.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the by-laws be given a second and third reading.
Motion Carried
with Councillor Gates opposed to 2013-167
NEW BUSINESS
Project Lifesaver
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
the staff report back on the possible implementation of the program, which tracks loved
ones who have wandered off, be referred to staff.
Carried Unanimously
Internet Domain Names
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff prepare a resolution on protection of internet domain names from poaching, as
it relates to politicians.
Carried Unanimously
Small Retail, Wholesale Food Sales
Councillor Thomson raised the issue of small, local food retailers being prohibited
from small scale wholesale distribution by the Ministry of Agriculture.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff prepare an appropriate resolution.
Carried Unanimously
Rail Safety
Councillor Gates raised the issue of the Federal Government legislation, supported
by FCM, to improve rail safety and how the legislation requires reporting of harmful
chemicals entering the community, well after the fact.
ORDERED on the motion of Councillor Gates, seconded by Councillor loannoni that
Council go on record opposed to the Federal legislation.
Carried Unanimously
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ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes
that the meeting be adjourned at 8:35 p.m.
Carried Unanimously
DEAN IORF A, jTY CLERK JAMES M. DIODATI, MAYOR