01/27/2015 SECOND MEETING
REGULAR COUNCIL MEETING
January 27, 2015
Council met on Tuesday, January 28, 2015 at 5:20 for the purpose of considering
Regular Business matters. Councillor loannoni offered the Opening Prayer. All members
of Council, except Councillor Morocco, were present.
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the minutes for the December 9, 2014 meeting and the January 2, 2015
special meeting be approved as printed.
Carried Unanimously
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DISCLOSURES OF PECUNIARY INTEREST
Councillor Thomson indicated an indirect pecuniary interest with cheque number
380218, made payable to his brother, and a direct pecuniary interest with an In Camera
matter related to 6700 Fallsview Blvd.
Councillor loannoni indicated a direct pecuniary interest with cheque number
380119, made payable to herself, and an indirect pecuniary interest related to an In
Camera matter as it pertains to CUPE.
Councillor Kerrio indicated pecuniary interests with In Camera report L-2015-02,
related to the sale of a portion of Former Railway Lands and to L-2015-04, related to Steel
Rail Entertainment.
Councillor Pietrangelo indicated a pecuniary interest with a wire transfer, cheque
number 380856 and Communication#4, all related to the Niagara Catholic District School
Board, his employer.
Mayor Diodati indicated a pecuniary interest with cheque numbers 379644, 380085
and 380321, all made payable to himself.
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6740 Marshall Road
ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson
that the grading plan not be approved until the matter comes to Council on February 10th
2015.
Carried Unanimously
REPORTS 5:00 P.M.
PLANNING MATTERS
PBD-2015-07, Medical Marihuana Facilities and Sensitive Uses
The report recommends that Staff bring back to a future Public Meeting a definition
and regulations governing Medical Marihuana Facilities and Sensitive Uses.
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ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson
that Staff hold a public open house to gather input on definitions and regulations governing
Medical Marihuana Facilities and Sensitive Uses.
Carried Unanimously
RECREATION & CULTURE MATTERS
R&C-2015-01- Merge of Arts & Culture and Museum Advisory Committees
The report recommends the following:
1. That Council approve the merger of the Arts & Culture Committee with the
Museums Advisory Board to form the Culture and Museums Advisory Committee.
2. And that Council approve the Terms of Reference for the Culture and Museums
Advisory Committee as outlined in the report.
Karen Fraser spoke to her involvement in the art community, past attempts to merge
the Arts and Culture committee with other advisory committees and her opposition to the
current recommendation.
ORDERED on motion of Councillor loannoni, seconded by Councillor Craitor that the
recommendation report be approved.
Councillor Campbell NAYE Councillor Pietrangelo NAYE
Councillor Craitor AYE Councillor Strange NAYE
Councillor loannoni AYE Councillor Thomson NAYE
Councillor Kerrio NAYE Mayor Diodati AYE
Councillor Morocco NAYE
Motion Defeated
ORDERED on the motion of Councillor Campbell, seconded by Councillor
Pietrangelo that the Culture Master Plan be brought forward to a future meeting.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that Councillor Campbell be appointed as the Council representative on the Arts & Culture
Committee.
Carried Unanimously
* * * * *
PRESENTATIONS/DEPUTATIONS 6:30 P.M.
Ladies Auxiliary of the Chippawa Volunteer Firefighters' Association
The Mayor recognized the Ladies Auxiliary of the Chippawa Volunteer Firefighters'
Association for their many years of service to the community. The Auxiliary is disbanding.
Big Brothers Big Sisters Tim Horton's Bowl for Kid's Sake
Jon Braithwaite, Executive Director of Big Brothers Big Sisters, informed Council
of their annual fundraising event on February 21st
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Craitor
that City Council enter a team into the tournament.
Carried Unanimously
National Boxing Champion
The Mayor and Council recognized local resident, Lucas Bandi, who won the
National Championship in Boxing in the Lightweight division and presented him with an
award.
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Councillor loannoni vacated the Council Chambers.
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Project SHARE - requesting the use of four City buses on April 19, 2015 from
12pm-4pm for the Restaurant Ride event.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the request be approved.
Carried Unanimously
Project SHARE - requesting a City team for their Coldest Night of the Year event
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange
that Council support the event and enter a team.
Carried Unanimously
2. National Eating Disorder Awareness Centre- requesting the week of February 1st
to 7th be proclaimed as "Eating Disorder Awareness Week".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell
that the communication be approved.
Carried Unanimously
3. Crime Stoppers of Niagara - requesting the week of be proclaimed and approval
of a flag raising on February 3rd, 2015.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
Councillor loannoni returned.
4. Emily Bordun -comments regarding the St. Michael High School netting issue and
related staff comment.
RECOMMENDATION: Receive and file.
ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio
that the communication be received and filed.
Carried Unanimously
5. Niagara Parks Commission - requesting Council appoint their representative to
the Parks Commission.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that Councillor Kerrio be Council's appointee to the Niagara Parks Commission board and
that staff review remuneration of committees.
Carried Unanimously
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6. HOLD Co. - requesting approval of the Resolution of Sole Shareholder
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the resolution be approved.
Carried Unanimously
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RATIFICATION OF "IN CAMERA" MATTERS
ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell
that the recommendations from the January 27th, 2015 meeting be approved.
1. L-2015-02 - Sale of Portion of Former Railway Lands to 2095527 Ontario
Limited, 2095527 Ontario Limited
1. That the City of Niagara Falls accept the Offer of 2095527 Ontario Limited to
purchase the lands shown on the attached location maps, for the purchase price of
Two Hundred and Ten Thousand Dollars ($210,000.00).
2. That the Mayor and Clerk be authorized to execute any and all documents required
to complete the transaction authorized by Recommendation 1 above.
Carried Unanimously
with Councillors Thomson and Kerrio declaring conflicts
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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.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the Consent Agenda be approved as recommended.
Carried Unanimously
CD-2015-01- Pan Am Games — Noise By-law Relief for Overnight Deliveries.
The report recommends hat Council approve relief to the City's Noise By-law (2004-105,
as amended) regarding overnight deliveries during the period of the 2015 Pan Am/Parapan
Games (June 26 to August 15), subject to the delivery companies and receiving
businesses following the suggested Code of Practice for Off-Peak Deliveries (OPD).
CD-2015-02- 2014 Municipal and School Board Elections - Accessibility
The report recommends that Council receive this report for information.
F-2015-01 - Monthly Tax Receivables Report - November
The report recommends that Council receive the Monthly Tax Receivables report for
information purposes.
F-2015-02 - Monthly Tax Receivables Report - December
The report recommends that Council receive the Monthly Tax Receivables report for
information purposes.
F-2015-03- 2015 Interim Tax Levy
The report recommends that Council approve the 2015 Interim Tax Levy calculation and
by-law providing for the 2015 Interim Tax Levy.
F-2015-04 - Municipal Accounts.
The report recommends that Council approve the municipal accounts totalling
$35,557,133.92 for the period November 13, 2014 to January 7, 2015.
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L-2015-01 - The Niagara Parks Commission and the City Licence Agreement,
Willoughby Historical Museum
The report recommends the following:
1. That the City enter into a Licence Agreement with The Niagara Parks Commission
("NPC"), with respect to the use of the interior of the school house, washroom,
facilities and parking lot located on the NPC lands, for the purpose of operating a
historical museum known as the Willoughby Historical Museum located at 9935
Niagara River Parkway, Niagara Falls.
2. That the Mayor and Clerk be authorized to execute said Licence Agreement.
L-2015-03 - Lot Grading By-law Amendment
The report recommends that By-law No. 2007-60 of the City of Niagara Falls be amended
by deleting section 34 therefrom and that the by-law in all other respects continue and
remain in full force and effect.
MW-2015-01 - Combined Sewer Overflow & Wet Weather Management Policy
Applications to Niagara Region for Funding
The report recommends that staff be directed to submit an application to the Niagara
Region for Capital Works projects identified in this report.
PBD-2015-01-Matters Arising from Municipal Heritage Committee Municipal Heritage
Award Program
The report recommends that Council support the creation of the City of Niagara Falls
Municipal Recognition Award to be awarded annually by the Municipal Heritage
Committee, recognizing the contribution of a heritage property owner to the preservation
of heritage in the City.
PBD-2015-02 - Telecommunication Facility Consultation 3516 Marshall Road
Fontur International on behalf of Signum Wireless
The report recommends that Industry Canada be advised that the City of Niagara Falls has
no objection to the construction of a 60 metre (196 ft.) self-supporting telecommunication
structure with an equipment shelter at its base and perimeter security fencing on the lands
known as 3516 Marshall Road.
PBD-2015-03- DB-2014-004 Deeming By-law Application Lot 60, Plan 3 Village of
Niagara Falls Now City of Niagara Falls,5645 Ferry Street,Applicant: Portage Bakery
The report recommends that Council pass the by-law appearing on tonight's agenda to
deem Lot 60, Plan 3 Village of Niagara Falls (5645 Ferry Street), to no longer be within the
registered plan of subdivision, to enable it to merge with Lot 61, Plan 3 except Part 1, Plan
59R-9032 ( 5845 Gladstone Avenue).
PBD-2015-04-PLC-2014-008, Request for Removal of Part Lot Control, Block 74, Plan
59M 401, 7201 to 7229 Stacey Drive, Applicant: Kenmore Homes, Agent: Jennifer
Vida, Upper Canada Consultants
The report recommends the following:
1. That Council approve the request and pass the by-law included in tonight's agenda
to designate Block 74 on Registered Plan 59M-401, as exempt from Part Lot
Control for a period of two years; and
2. That the developer be required to notify the City when the new deeds for the lots
have been registered.
PBD-2015-05 - PLC-2014-007, Request for Removal of Part Lot Control, Block 194,
Registered Plan 59M-388, 8679-8685 Dogwood Crescent, Warren Woods Phase 2
Subdivision. Applicant: 1340258 Ontario Inc. (Warren Woods)
The report recommends the following:
1. That Council approve the request and pass the by-law included in tonight's agenda
to designate Block 194 on Registered Plan 59M-388, as exempt from Part Lot
Control for a period of three years.
2. That the applicant be required to notify the City when the new deeds for the parcels
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have been registered.
PBD-2015-06 -Various Community Improvement Program Applications Request for
Extension of Commercial Building & Facade Grant Approvals. Applicant: Keefer
Developments Ltd.
The report recommends the following:
1. 4351-4357 Queen Street and 4755-4763 Valley Way; and
2. 4670-4672 Queen St; 4664-4666 Queen Street; 4600-4610 Erie Avene and 4786
Queen St. Provided that payment on all taxes owed are received by the city on or
before January 30, 2015.
TS-2015-01 Subdivision Agreements—Update to Parking and Traffic By-law 89-2000
The report recommends that the regulatory signs outlined in this report be approved for the
Optimist Subdivision, Marinelli Estates Subdivision, Windylane Estates Subdivision, the
tenth phase of Deerfield Estates Subdivision, the third phase of the Fernwood Subdivision
and the first and second phases of the Warren Woods Subdivision.
TS-2015-02 — Transit Agreement with Niagara College Student Administrative
Council
The report recommends:
1. That the City enter into a one semester Agreement with the Niagara College
Student Administrative Council be extended from January 2015 through April 2015,
at cost recovery.
2. That the Niagara Falls Transit municipal trips be captured and invoiced back to
Niagara College Student Administrative Council in the form of a "U Pass' Levy.
3. That the Mayor and City Clerk be authorized to execute the necessary agreement.
* * * * *
RESOLUTIONS
NO. 2. -PIETRANGELO-STRANGE-THEREFORE BE IT RESOLVED THAT the Council
of the Corporation of the City of Niagara Falls supports and application to the Niagara
Region for various projects for the CSO Program..
NO. 3 - THOMSON- PIETRANGELO- THEREFORE BE IT RESOLVED THAT Niagara
Falls City Council is in support of the Niagara Brewing Company at 4915 Clifton Hill,
including the provision of a liquor licence, on-site brewing and associated retail.
Carried Unanimously
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BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that the by-laws be given a first reading.
Carried Unanimously
2015-03 A by-law to authorize the execution of an Agreement of Purchase and Sale
with 2095527 Ontario Limited, respecting the sale of lands in the City of
Niagara Falls, in the Regional Municipality of Niagara.
2015-04 A by-law to amend By-law No. 80-114, being a by-law to designate private
roadways as fire routes along which no parking of vehicles shall be
permitted.
2015-05 A by-law to authorize the execution of a Licence Agreement with The
Niagara Parks Commission respecting the use of certain premises for the
operation of the Willoughby Historical Museum.
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2015-06 A by-law to establish Block 96 on Registered Plan 59-395 as a public
highway, to be known as and to form part of Emerald Avenue.
2015-07 A by-law to establish Block 101 on Registered Plan 59M-395 as a public
highway, to be known as and to form part of White Oak Avenue.
2015-08 A by-law to amend By-law No. 2007-260, being a by-law to prohibit or
regulate the placing or dumping of fill, the removal of topsoil and the
alteration of the grade of land within the City of Niagara Falls.
2015-09 A by-law to amend By-law No. 70-69, to restrict the use of the Lands to
agricultural purposes only (AM-2014-006).
2015-10 A by-law to amend By-law No. 70-69, to permit a residence not associated
with an agricultural use on the Lands, subject to site specific regulations
(AM-2014-006).
2015-11 A by-law to amend By-law Nos. 79-200 and 2011-04, to permit the
development of the Lands for multiple unit dwellings in conjunction with Block
97, Registered Plan 59M-408 (AM-2014-009).
2015-12 A by-law to designate Block 194, Registered Plan 59M-388, not be subject
to part-lot control (PLC-2014-007).
2015-13 A by-law to designate Block 74, Registered Plan 59M-401, not be subject to
part-lot control (PLC-2014-008).
2015-14 A by-law to designate Lot 60, Plan 3 Village of Niagara Falls to be deemed
not to be within a registered plan of subdivision for the purpose of subsection
50(3) of the Planning Act, R.S.O. 1990 (DB-2014-003).
2015-15 A by-law to authorize the payment of$35,502,822.31 for General Purposes.
2015-16 A by-law to provide an interim levy of realty taxes.
2015-17 A by-law to execute an agreement to authorize the execution of an
agreement with the Niagara College Administrative Council Inc. for the
provision of transit services.
2015-18 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.
2015-19 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 27th day of January, 2015.
ORDERED on the motion of Councillor Pietrangelo,seconded by Councillor Strange
that the by-laws be given a second and third reading.
Carried Unanimously
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NEW BUSINESS
Rail Line Ad Hoc Committee
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that Larry Popelka, former rail employee, who wrote a Letter to the Editor be
invited to a future Rail Line Ad Hoc Committee meeting.
Carried Unanimously
ORDERED on the motion of Councillor Campbell, seconded by Councillor Craitor
that staff review the recently introduced Federal Grade Crossing legislation.
Carried Unanimously
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ORDERED on the motion of Councillor Campbell, seconded by Councillor loannoni
and that a letter be written to Minister of Transportation, Lisa Raitt, delivered to Rob
Nicholson, on the issue of the trains in the community.
Carried Unanimously
Welcome Sign Proposal
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the Welcome Sign Proposal be referred to staff for comment.
Carried Unanimously
Homeless/Weather Alerts
ORDERED on the motion of Councillor loannoni, seconded by Councillor Strange
that staff report back on warming centres for the homeless during extreme cold alerts.
Carried Unanimously
* * * * *
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the meeting be adjourned at 9:20 p.m.
Carried Unanimously
* * * * *
9,6(A' zisp.: • 4.1,
DEAN IORFIDA, ITY LERK JAMES M. DIODATI, MAYOR