02/25/2014 FOURTH MEETING
REGULAR COUNCIL MEETING
February 25, 2014
Council met on Tuesday, February 25, 2014 at 4:30 p.m. for an In Camera session.
All members of Council except Councillor Maves and Councillor loannoni, were present.
NO.5 - KERRIO - DIODATI - THEREFORE BE IT RESOLVED THAT on February 25,
2014 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 matters that fall under s. 239(2)(e),
litigation or potential litigation, including matters before administrative tribunals, and s.
239(2)(f), solicitor-client advice, related to the HOLDCO Human Rights complaint and water
billing at 6380 Fallsview Boulevard and a to consider a matter related to s. 239(2)(f),
solicitor-client advice, related to negotiations with the NRPS.
Following consideration of the items presented, the In Camera Session did not rise
and report in open session.
Council met on Tuesday, February 25, 2014 at 5:20 for the purpose of considering,
Regular Business matters. Councillor Kerrio offered the Opening Prayer. All members of
Council, except Councillor Maves and Councillor loannoni, were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the minutes be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Wing indicated a conflict to an In Camera matter related to the HOLDCO
Human Rights complaint.
Councillor Morocco indicated a pecuniary interest with the part of F-2014-11 that
dealt with Rendezvous Canada.
REPORTS
1. CAO-2014-03-City of Niagara Falls Agreementwith Stanford Centre Volunteer
Firemen's Association(SCVFA)for the Sale and Lease Back of Firemen's Park
The report recommends the following:
1. Council authorize the purchase of land, known as " Firemen's Park" from the
SCVFA;
2. Council authorize the lease of the parkland back to SCVFA; and further
3. The Mayor and Clerk be authorized to sign any necessary agreements
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the report be approved as recommended.
Carried Unanimously
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Council Minutes
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that by-laws 2014-28 - 2014-30 be given a first reading.
Carried Unanimously
2014-28 A by-law to authorize the execution of a Commitment Agreement between
The Corporation of the City of Niagara Falls and The Stamford Centre
Volunteer Firemen's Association.
2014-29 A by-law to authorize the execution of an Agreement of Purchase and Sale
with The Stamford Centre Volunteer Firemen's Association, respecting the
purchase of lands in the City of Niagara Falls, in the Regional Municipality of
Niagara.
2014-30 A by-law to authorize the execution of a Lease Agreement between The
Corporation of the City of Niagara Falls and The Stamford Centre Volunteer
Firemen's Association.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that by-laws 2014-28 - 2014-30 be given a second and third reading and
approved.
Carried Unanimously
2. CAO-2014-01 - City of Niagara Falls Communications Plan
The report recommends that the attached Communications Plan be adopted by City
Council and, that by adopting the report, Council is authorizing the staff complement to be
increased by one person to accommodate a new non-union Communications Support Staff
position, dedicated to communicating City Council's and the Corporation's message.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the report be deferred.
Carried Unanimously
3. F-2014-11 - Economic Development Initiatives - Use of OLG Reserve Fund
The report recommends that Council approve funding requests.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the City contribute $250,000 toward the destination marketing campaign.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the City contribute $50, 000 to the Rendevous Canada Showcase.
Carried Unanimously
with Councillor Morocco declaring a pecuniary interest.
4. CD-2014-02 - Filling the Council Vacancy
The report recommends the following:
1. That Council formally declare the Council seat vacant; and
2. That Council, based on past practice, appoint the runner-up from the last
general election, Shirley Fisher, to fill the vacancy, effective the next Council
meeting.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the report be approved.
Carried Unanimously
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Council Minutes
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-2014-07 - Monthly Tax Receivables Report. The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
MW-2014-05 - DWQMS Operational Plan and Municipal Drinking Water Licence
Renewal. The report recommends the following:
1. That City Council as Owners of the Niagara Falls Water Distribution System
endorse the Drinking Water Quality Management System Operational Plan, and
2. That staff be authorized to make the appropriate application to renew the City's
Municipal Drinking Water Licence.
MW-2014-06-North Streetand Forsythe Street/Lewis Avenue Reconstruction Tender
Award - Contract #2014-285-12. The report recommends the following:
1. That the contract be awarded to the lowest bidder Nexterra Substructures Inc. at the
tendered price of $1,396,192.40.
2. That the Mayor and Clerk be authorized to execute the necessary contract
documents.
MW-2014-09 -2014 Asphalt Patching -City Wide, Tender Award -Contract#2014-04.
The report recommends the following:
1. That the contract be awarded to the lowest bidder Circle P Paving, at the tendered
price of $411,970.00
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
PBD-2014-15-CB&FIG-2014-001,Commercial Building&Facade Improvement Grant
4620 Buckley Avenue Applicant: Peter Pateras and Valerie Budzinski. The report
recommends that Council approve the Commercial Building Improvement Grant
Application for 4620 Buckley Avenue, subject to the owner satisfying the program
requirements.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to Councillor Joyce Morocco on the passing
of her mother, Florence Cryderman, to City employee Andrew Bryce on the passing of his
sister, Julie Bryce and to the family of Pat Simon.
Mayor Diodati congratulated our new Niagara MPP, Wayne Gates and also to the
Olympians at Sochi 2014.
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Council Minutes
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the City express its congratulations to the Canadian medal winners in Sochi.
Carried Unanimously
Mayor Didoati advised of recent events: Rotary Trivia Night, Zonta Club's Funny
Little Valentine breakfast, NRP Anti-bullying film festival,WFOL Volunteer Congratulations
event, Niagara Falls Transit - Route Revision open house session, Annual Kub Kar race
for Scouts Niagara, Tim Horton's Bowl for Kid's Sake, and the Paul Harris Rotary Awards
Banquet.
Mayor Diodati advised of upcoming events: State of the City Address hosted by the
Chamber of Commerce and A Royal Ascot Affair for Kidney Care March 291h fundraiser.
* * * * *
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 . Autism Ontario - requesting that April 2nd be proclaimed as "World Autism
Awareness Day" with a related flag raising.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that
the request be approved.
Carried Unanimously
2. Fresh Air Fund -requesting that March 20`h be proclaimed as"Fresh Air Fund Day".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that
the request be approved.
Carried Unanimously
3. Frank B. Leslie - requesting that Cataract Avenue be renamed to honour Pat
Simon.
RECOMMENDATION: Refer to staff.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the matter be referred to staff to consider the request or any other suitable
recognition Carried Unanimously
4. Sheri Kuchar - correspondence questioning why there is no by-law requiring
residents to shovel the sidewalks in front of their property.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Wing, seconded by Councillor by Councillor
Thomson to receive and file.
Carried Unanimously
5. Memo from Director of Municipal Works - Emergency Repairs- Buttrey Street
Sewer Outfall.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the pre-approved Capital Budget expenditure be revised from $500,000 to $700,000.
Carried Unanimously
6. Email from Direction of Recreation & Culture - re: the Healthy Kids Community
Challenge (HKCC) funding announcement from the Ministry of Health and Long-
Term Care.
RECOMMENDATION: For the Information of Council
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Council Minutes
ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio
that the communication be received for information.
Carried Unanimously
RESOLUTIONS
NO. 5 -THOMSON -PIETRANGELO THEREFORE BE IT RESOLVED that Niagara Falls
City Council considers the Real Canadian Craft Beer Festival as an event of municipal
significance and supports the provision of a Special Occasion Liquor Licence(SOP)for the
event.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the by-laws be given a first reading.
Carried Unanimously
2014-31 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.
2014-32 A by-law to amend By-law No. 79-200, to regulate the development of the
German Village Estates plan of subdivision on the Lands (AM-2013-017).
2014-33 A by-law to amend By-law No. 79-200, to permit a five unit on street
townhouse dwelling on the Lands (AM-2013-020).
2014-34 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Metered Areas)
2014-35 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 25'h day of February, 2014.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the by-laws be given a second and third reading.
Carried Unanimously
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NEW BUSINESS
Frozen Pipes
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that Staff report back on the impact of frozen pipes and possible solutions.
Carried Unanimously
Open Fires Welland River
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the city assist in the dock owners dealings with OPG on open air burning and staff
report back on the by-law.
Carried Unanimously
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Council Minutes
Portage Road Speed Hump
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
staff report back on the possible removal of the southerly speed hump on Portage Road.
Carried Unanimously
Council Agenda Packages
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that
staff investigate the use of iPads/Portal for the Council Agenda.
Carried Unanimously
Winter Sidewalk Maintenance
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that staff report back on winter sidewalk maintenance in the vicinity of schools.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the meeting be adjourned at 7:00 p.m.
Carried Unanimously
* * * * *
,Peit DEAN IORFI yyc
CITY CLERK JAMES M. DIODATI, MAYOR