11/11/2014 SIXTEENTH MEETING
REGULAR COUNCIL MEETING
November 11, 2014
Council met on Tuesday, November 11, 2014 at 4:30 p.m. for an In Camera
session. All members of Council except Councillor Wing were present.
NO. 15 - KERRIO- DIODATI - THEREFORE BE IT RESOLVED on November 11, 2014
at 4:30 p.m., prior to their scheduled meeting at 5:00 p.m., Niagara Falls City Council will
go into a closed meeting to consider a matter that falls under the subject matter of
239(2)(f), advice that is subject to solicitor-client privilege, and 239(2)(e) potential litigation
related to 6380 Fallsview Boulevard.
Following consideration of the items presented, the In Camera Session did not rise
and report in open session.
Council met on Tuesday, November 11, 2014 at 5:05 p.m. for the purpose of
considering Regular Business matters. Councillor Pietrangelo offered the Opening Prayer.
All members of Council except Councillor Wing were present.
* * * * *
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the minutes of September 23, 2014, be approved.
Carried Unanimously
* * * * *
DISCLOSURES OF PECUNIARY INTEREST
Councillor Pietrangelo indicated a pecuniary interest with two cheques and a wire
transfer made payable to the Niagara Catholic District Board, his employer and to report
PBD-2014-56, as it pertains to his place of employment.
Councillor Morocco indicated a pecuniary interest to cheque numbers 377249 and
378275 made payable to herself and to Communication # 6, as she lives in the vicinity.
Councillor loannoni indicated a pecuniary interest to cheque numbers 377025 and
378246, made payable to herself.
Mayor Diodati indicated a pecuniary interest to cheque numbers 377553 and
378211, made payable to himself.
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REPORTS
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-2014-42 - 2012 Consolidated Financial Statements. The report is recommended for
the information of Council.
F-2014-44 - Monthly Receivables Monthly (September). The report recommends that
Council receive the Monthly Tax Receivables report for information purposes.
F-2014-45 - Monthly Receivables Monthly (October ). The report recommends that
Council receive the Monthly Tax Receivables report for information purposes.
F-2014-46-Treasurer's Write-off. The report recommends that the property tax accounts
listed in Table 1 be written off and expenses in 2014.
F-2014-47 -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-2014-48 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totaling $55,230,142.00 for the period September 4, 2014 to October
22,2014.
MW-2014-51 - Watermain Cleaning and Lining Pilot Project, Cancellation and
Reallocation of Funding. The report recommends the following:
1. Remaining funds from the Watermain Cleaing and Lining Pilot Project be
reallocated accordingly amongst the proposed watermain replacement projects
2. That the 2014 Capital Budget be amended to included the additional watermain
replacement projects.
PBD-201-55 - Matters Arising from Municipal Heritage Committee Update of
Designating. The report recommends the following:
That Council pass the updated Designating By-laws that are listed on tonight's agenda for
the following properties:
• 6151 Culp Street-James Ingle House
• 3394-3428 Portage Road
• 4891 Portage Road
• 7820 Portage Road
• 4851 River Road
• 7906 Schisler Road
• 3174 St. Patrick Avenue
• 3360 St. Patrick Avenue
• 2922 St. Paul Avenue
• 3289 St. Paul Avenue
• 4223 Terrace Avenue
• 4761 Zimmerman Avenue
R&C-2014-14 - Gale Centre Lighting Retrofit, RFT 55-2014. The report recommends
the following:
1. The contract be awarded to Osram Sylvania at the tendered price of $288,205.70
including HST;
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2. The revised Capital Budget sheet for Gale Centre Energy Projects project be
approved; and
3. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
R&C-2014-15 - 2014 Sports Wall of Fame Inductees. The report recommends the
following:
That Council approve the following 2014 Sports Wall of Fame Inductees:
Pre 1970 Era
Name Category Sport
Lois McCabe Builder Aquatics/Swimming
1971 - 1990 Era
Name Category Sport
Doug Angle & Dave Campbell Builder Basketball
George Kraus Athlete/Builder Basketball
1991 - Present Era
Name Category Sport
Wayne Hodgson Builder Rugby
Clive Newson Builder Softball
Niagara Falls Minor Midget 'A'
Canuck HockeyTeam, 2013-2014 Team Hockey
Anthony (Butch) Sacco Builder Hockey
Chris Singleton Athlete Soccer
Jamie Singleton Athlete Football
TS-2014-32 - Lowell Avenue - Parking Review. The report recommends that a 2-hour
parking limit, except by permit zone, is established on both sides of Lowell Avenue from
a point 22 metres south of North Street to a point 80 metres south of North Street.
TS-2014-35 - Hamilton Street at Homewood Avenue - Intersection Control Review.
The report recommends that a stop sign is installed facing eastbound and westbound
motorists on Hamilton Street at Homewood Avenue.
TS-2014-36 - Banker Avenue between Emery Street and Summer Street Parking and
Intersection Control Review. The report recommends the following:
1. That a parking prohibition, except by permit zone is established on both sides of
Banker Avenue between Emery Street and Summer Street.
2. That a stop sign is installed facing southbound motorists on Banker Avenue at
Summer Street.
TS-2014-37 - Brown Road and Kalar Road - Parking and Traffic By-laws. The report
recommends the following:
1. That parking and stopping prohibitions be installed on Brown Road and Kalar Road;
and,
2. That the bicycle lanes be designated by municipal by-law.
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TS-2014-38 - Administrative Monetary Penalties System (AMPS), Hearing Office
Services Agreement. The report recommends the following:
1. That Council approve entering into a one year trial agreement with the City of
Thorold for the services of a Hearing Officer for the purpose of addressing parking
infractions through the Administrative Monetary Penalties process.
2. That the Mayor and Clerk are authorized to execute the necessary agreements.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
MW-2014-50 - Contract #2014-345-14 Tender Award, Chippawa Boat Ramp Park
Shoreline Improvements. The report recommends the following:
1. That the Mayor and Clerk be authorized to execute the agreement for the shoreline
works (Part 1 of the Tender) with TDI International; and
2. That staff not proceed with the awarding of Part 2 - Boat Ramp Expansion for
reasons outlined in this report; and
3. That funding for the deferred work be referred to the 2015 Capital Budget
deliberations for further consideration.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that recommendation # 1 be approved and that staff seek quotes with an upset limit of
$50,000 related to Part 2 works.
Carried Unanimously
PBD-2014-56-Soccer Netting at St.Michael's High School. The report is recommended
for the information of Council.
Fred Milligan, St. Michael Avenue resident, indicated that the residents appreciated
the meetings with the Principal, however, they were not happy with the proposed netting,
which they only found out about by talking to workers on-site. He outlined the neighbours
concerns and asked for some guarantees, in writing, related to the schedule for the netting.
Jim Whittard, Principal, St. Michael's High School, indicated that the netting was
pro-actively proposed to avoid balls going into neighbours' backyards. He outlined that the
site is uniquely shaped, moving the netting would only move any issues to other
neighbours and that the field configuration is based on drainage requirements. Principal
Whittard confirmed that the school had followed the City's process and submitted the
appropriate plans, which were approved by the Director Of Planning
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff monitor the matter, assist the parties and report back to Council.
Carried Unanimously
with Councillor Pietrangelo declaring a conflict.
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to the family of Bill Smith, a retired Property
Standards Officer for the City; to the family of Murray Culp, a former member of the
Mayor's Disability Advisory Committee; to Al Oleksuik on the passing of his mother
Charlotte Oleksuik; to Monica Chambers a city employee; to Paisley Janvary Pool on the
passing of her brother, Biff Potter and the father of Maja Bannerman of the Niagara Falls
History Museum.
Mayor Diodati advised of recent events: Constellation Brands; Niagara Falls
Summer Trillium Recognition of Excellence Ceremony; Cherrywood Acres Elementary
School 50th Anniversary Open House; Haunt Manor Annual Grand-Opening; Niagara
Concerts; Garba-Navratri Indian Cultural event; 90th Anniversary Tea Canadian Federation
of University Women; Habitat for Humanity - The Sky is Not the Limit; Mayor's Prayer
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Breakfast; Grand Openings of the following: Subway Restaurant Lowes Plaza; Joe's Plane
Adult Disability Recreation Centre; Subtle Images Medical Aethetics; Harvey's Restaurant
Lowe's Plaza; Hunter's Shwarma Wraps and Niagara Rock Academy on Main Street; Big
Brothers Big Sisters Nearly New Store Queen Street; Cytec Welland Plant Expansion; R
& D Welding; St. Michael High School 25th Anniversary Reunion; Healthy Living Sparking
Life Lab opening at St. Michael High School; Over the Edge event; Niagara Hindu Samaj
Diwali Celebration; 30'h Anniversary of Niagara Electronics; Customer Appreciation Day-
Ontario Public Library Week; Adam Vitaterna Memorial Fundraiser; Niagara Concerts;
Chamber of Commerce Niagara Falls Canada 125th Anniversary; Arts & Culture Wall of
Fame Induction Ceremony; Matthew Daniele Memorial Fundraiser; Rededication of the
Charles Ruch Bridge; 8th Annual Light of Day Parkinson's Show; Inaugural Pete Mancuso
November Classic; Elsie Cartmell Bool Signing; Arif Merani Fundraiser; Chippawa Legion
Remembrance Day Service.
Mayor Diodati advised of upcoming events: opening night Winter Festival of Lights
November 15th; Santa Caluse Parade November 15th at 11:00 a.m.; CUTA Conference;
Angels Everywhere November 20th and Volunteer Recognition Evening November 24th at
Club Italia.
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1.a Winter Festival of Lights
b FX Work Inc. - annual requests for approval of fireworks.
RECOMMENDATION: For the Approval of Council subject to insurance
requirements.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the requests be approved, as recommended, subject to insurance requirements.
Carried Unanimously
2. Positive Living Niagara - requesting that December 1st be proclaimed as "World
AIDS Day".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrnagelo, seconded by Councillor Fisher
that the request be approved as recommended.
Carried Unanimously
3. Regional Municipality of Niagara -report on Ontario Provincial Police (OPP) Cost
Alternative Update.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher
that the report be received for information, as recommended.
Carried Unanimously
4. John and Hilary Ainslie - correspondence related to their property at the corner of
Dorchester Road and Lundy's Lane and related response from the CAO.
RECOMMENDATION: Receive and File.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the matter be deferred to an In Camera discussion at the next meeting.
Carried Unanimously
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November 11, 2014
5. Memo from City Clerk - regarding vacancy on the Committee of Adjustment.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher
that Joseph Mrozek be appointed to the Committee of Adjustment committee to fill the
current vacancy.
Carried Unanimously
6. Susan Vendryes/Lyon's Creek Community*-requesting a second access to their
subdivision.
-AND-
Memo from Director of Planning, Building and Development
RECOMMENDATION: That the matter be referred to staff for a report and that
public notice be provided.
Kari Murray, Tallgrass Avenue resident, was opposed to the emergency access
becoming a road and that it should be maintained for pedestrian and emergency access.
Jason Everson, Tallgrass Avenue resident, questioned the validity of the petitions
that had been circulated.
Susan Vendryes, representing the Lyon's Creek community, indicated that the group
appreciates the concerns regarding opening the emergency access as a road. As a result,
they would like to see the proposed second access to their subdivision expedited. She
also indicated that the petition was valid and all signatories understood the content.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Mayes that
the matter be referred to staff for a report and that public notice be provided.
Carried Unanimously
with Councillor Morocco declaring a conflict.
* * * * *
PRESENTATIONS/ DEPUTATIONS
Red Raiders
The Niagara Falls Red Raiders JUEL Prep Girl's basketball team was recognized
for winning the Ontario Cup Championship and presented with plaques
Ontario Cycling Association Athlete of the Year
Shelly Gautier, local resident, was recognized for her 5th straight para-cycling world
championship and being chosen as the Ontario Cycling Association Athlete of the Year.
Winter Festival of Lights
Mayor Diodati recognized Rick Stokes and Dave Gillies for their volunteer work with
the Winter Festival of Lights and presented them with a plaque on behalf of the City.
Cross Country Fundraising Initiatives
Mayor Diodati recognized Mike Strange and Jason Rhodes for their cross country
fundraising initiatives and presented them with plaques.
Ontario Museums Association Awards
Marie Lalonde, OMA Executive Director, recognized the Niagara Falls History
Museum for their Excellence in Exhibits award for the "No Vacancy" display.
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November 11, 2014
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher
that the by-laws be given a first reading.
Carried Unanimously
2014-137 A by-law to amend By-law No. 2014-105 being a by-law to amend By-law
No. 98-113, the designating by-law for the Niagara Falls Armoury, located
at 5049 Victoria Avenue as a building of cultural heritage value or interest.
2014-138 A by-law to amend By-law No. 2014-114 being a by-law to amend By-law
No. 2000-45, the designating by-law for the Danner Sherk House, located
at 12549 Niagara River Parkway as a building of cultural heritage value or
interest.
2014-139 A by-law to amend By-law No. 2014-116 being a by-law to amend By-law No.
86-14, the designating by-law for the British Methodist Episcopal Church,
located at 5686 Peer Street as a building of cultural heritage value or
interest.
2014-140 A by-law to amend By-law No. 78-70, being a by-law to designate 2922 St.
Paul Avenue, known as the James Oswald House, to be of cultural heritage
value and significance.
2014-141 A by-law to amend By-law No. 95-255, being a by-law to designate 3174 St.
Patrick Avenue, known as the Russell Cottage, to be of cultural heritage
value and significance.
2014-142 A by-law to amend By-law No. 81-79, being a by-law to designate 3289 St.
Paul Avenue, known as the Alexander Robinson House, to be of cultural
heritage value and significance.
2014-143 A by-law to amend By-law No. 78-23, being a by-law to designate 3360 St.
Patrick Avenue, known as the Mitchell Cottage, to be of cultural heritage
value and significance.
2014-144 A by-law to amend By-law No. 78-24, being a by-law to designate 3428
Portage Road, known as the Old St. John the Evangelist Anglican Church,
to be of cultural heritage value and significance.
2014-145 A by-law to amend By-law No. 2003-137, being a by-law to designate 4223
Terrace Avenue, known as the Glenview Mansion, to be of cultural heritage
value and significance.
2014-146 A by-law to amend By-law No. 2000-193, being a by-law to designate 4761
Zimmerman Avenue, known as Bampfield Hall, to be of cultural heritage
value and significance.
2014-147 A by-law to amend By-law No. 86-65, being a by-law to designate 4851 River
Road, known as the Doran Marshall Burke House, to be of cultural heritage
value and significance.
2014-148 A by-law to amend By-law No. 78-69, being a by-law to designate 4891
Portage Road, known as the John Thomson Jr. House, to be of cultural
heritage value and significance.
2014-149 A by-law to amend By-law No. 2003-89, being a by-law to designate 6151
Culp Street, known as the James Ingles House, to be of cultural heritage
value and significance.
2014-150 A by-law to amend By-law No. 83-281, being a by-law to designate 7820
Portage Road, known as the Holy Trinity Anglican Church, to be of cultural
heritage value and significance.
2014-151 A by-law to amend By-law No. 86-241, being a by-law to designate 7906
Schisler Road, known as the former Lyon's Creek United Church, to be of
cultural heritage value and significance.
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November 11, 2014
2014-152 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.
2014-153 A by-law to amend By-law No. 2005-70, the Fence By-law.
2014-154 A by-law to amend By-law No. 81-350, the Hunting By-law.
2014-155 A by-law to amend By-law No. 2004-150, the Noise By-law.
2014-156 A by-law to authorize the payment of$55,230,142.00 for General Purposes.
2014-157 A by-law to appoint an Acting Deputy Lottery Licensing Officer.
2014-158 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 11th day of November, 2014.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by-laws be given a second and third reading.
Carried Unanimously
* * * * *
NEW BUSINESS
Electric Car Charging Stations
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that staff report back on the possibility of electric car charging stations on City property.
Carried Unanimously
Internal Reports
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that staff report back on the release of internal reports.
Carried Unanimously
ORDERED on the motion of Councillor Maves seconded by Councillor Shirley that
the meeting be adjourned at 7:50 p.m.
Carried Unanimously
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DEAN IORFIVeg/1(91
ITY LERK JAMES M. DIODATI, MAYOR