03/24/2015 SIXTH MEETING
REGULAR COUNCIL MEETING
March 24, 2015
Council met on Tuesday, March 24, 2015 at 5:10 p.m. for the purpose of
considering Regular Business matters. Councillor Strange offered the Opening Prayer
or Invocation. All members of Council were present.
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the minutes of the March 10th meeting be approved as printed.
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DISCLOSURES OF PECUNIARY INTEREST
Councillor loannoni indicated a pecuniary interest with cheque number 382074,
made payable to herself.
Councillor Craitor indicated a pecuniary interest with cheque number 382040,
made payable to himself.
Councillor Morocco indicated an indirect pecuniary interest with cheque number
382263, made payable to her spouse.
Councillor Kerrio indicated a pecuniary interest with report F-2015-13, which
could benefit his business.
Mayor Diodati indicated a pecuniary interest with cheque number 381866, made
payable to himself.
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PRESENTATIONS 5:00 P.M.
Carbon Monoxide Detectors Detectors
Fire Chief Smith made a presentation on the carbon monoxide detectors and the
introduction of the Hawkins-Gignac Act.
ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio
that the presentation be received for information.
Carried Unanimously
* * * * *
BUDGET MATTERS
Councillor Pietrangelo chaired the budget meeting.
Capital Budget
Tony Acuri, on behalf of the Niagara Falls Rowing Club, outlined the history of
the club. He outlined how rowing is a burgeoning activity but it is time for the
participants to have a local facility and not rely on St. Catharines or their current location
on private property. He outlined their business plan and desire to locate at Bukator
Park, which would provide some "eyes on" at the park.
Council Minutes
March 24, 2015
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Morocco that Council support the initiative, direct staff to work with the Club on an
appropriate lease at George Bukator Park and refer the capital budget request to staff
for a report and to be considered with the remaining OLG funding.
Carried Unanimously
Jay Mason on behalf of the Chippawa Boat Dock Committee, made a
presentation to Council requesting that the boat ramp project be added to the Capital
Budget. He outlined the work done to date and how with past projects with the group,
the City undertook the upland works. He was of the opinion that with the progress on
the ramp construction, the City's works were essential.
ORDERED on the motion of Mayor Diodati, seconded by Councillor Campbell
that the 2015 Capital Budget be approved, as amended, adding the Chippawa Lions
Club Park Tennis Courts project and the Chippawa Boat Ramp project, upland
improvements in the amount of $291 thousand, eliminating office renovation projects in
the Finance Department and Cemeteries section, with the renovation projects to be
considered with the remaining OLG funding.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Campbell that staff report back on resolutions related to the Arbitration system and
report back on how to bolster the volunteer firefighter ranks.
Carried Unanimously
Operating Budget
JoAnne Turner, Boys & Girls Club of Niagara made a presentation to Council
outlining the Clubs financial issues.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Strange that staff work with the Boys & Girls Club to deal with their shortfall.
Carried Unanimously
Councillor Pietrangelo stepped down as Chair 8:10 pm.
PRESENTATIONS/DEPUTATIONS
Niagara Community Foundation
Liz Palmierei, Executive Director of the Niagara Community Foundation provided
Council with a brief update on the Foundation's activities.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Kerrio that the presentation be received for information.
Carried Unanimously
* * * * *
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to Teresa Molinaro, city employee, on the
passing of her grandmother and condolences to Mark Jamieson, city employee, on the
loss of his twin sons, Beau and Lewis Jamieson.
Mayor Diodati advised of recent events: GO Rally, Chamber of Commerce
Business After 5 at Can Eng and the Paul Harris Fellowship Awards Evening.
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Mayor Diodati advised of upcoming events: State of the Region with Chair Alan
Caslin, Miss Club Italia Pageant, Rally with Clara Hughes Luncheon, Niagara
Community Outreach Fundraising Dinner, Stamford Centre Volunteer Firefighter's
Association Easter Egg Hunt, Grand opening of Acountax, Marking More Miracles
Fundraiser, Mayor's Lasagne Dinner for Development and Peace and Earth.
Mayor Diodati extended a special thanks to the team of City Staff who have been
working on restoring water services to families in Niagara Falls due to frozen pipes this
winter.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1.a Carrie Bogoslowski - requesting relief to the Noise By-law to allow amplified
music after 9:00 p.m. at her wedding on August 15th at 7043 Brittany Court.
1.b Breanna Mills - requesting relief to the Noise By-law to allow amplified music
after 9:00 p.m. at her wedding in July at 13090 Crowland Avenue.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the requests be approved.
Carried Unanimously
2. Redboss Pyrotechnics - requesting approval for use of Glenview Park for
various firework displays for Great Wolf Lodge.
RECOMMENDATION: For the Approval of Council, subject to insurance
requirements.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the request be approved, subject to insurance requirements.
Carried Unanimously
3. Conseil Scolaire Viamonde - requesting a flag raising ceremony on September
25 to celebrate "Franco-Ontarian Day".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Kerrio that the request be approved.
Carried Unanimously
4. Town of Fort Erie - a resolution related to the proposed Canadian Motor
speedway.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor
that the Council support the resolution.
Carried Unanimously
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5. Arif Merani Fundraising Group - requesting street name recognition for Arif
Merani.
RECOMMENDATION: Refer to staff.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the request be referred to staff.
Carried Unanimously
6. Royal Canadian Legion Branch 51 - requesting a grant equal to the fees and
charges associated with the road closure for the 78th Annual 40 & 8 pilgrimage.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor
that the request be approved.
Carried Unanimously
7. Downtown Board of Management - requesting approval of the Board of
Directors for the 2015 - 2018 Council term and their 2015 budget.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Campbell that the Board of Directors and budget be approved.
Carried Unanimously
8. Celebrate Old Downtown - requesting a grant equal to road closure fees and
other in-kind services for "Springlicious".
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the request be approved.
Carried Unanimously
9. Celebrate Old Downtown - requesting a grant equal to road closure fees related
to their weekly car show "Cruising on the Q", Tuesdays from May 5th to October
6th
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Morocco that the request be approved.
Carried Unanimously
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10. Sam DiCarlo - requesting that a parking lot at Monroe Plaza, subject of a future
zoning by-law amendment application, be shut down.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
loannoni that the letter be received and filed.
Motion Carried
With Councillors Craitor and Pietrangelo opposed.
11. Gary Wilkins - requesting relief of fees related to a Committee of Adjustment
application on compassionate grounds.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that this be referred to the Committee of Adjustment with
recommendation from Council supporting relief of the application fees.
Carried Unanimously
12. ORCGA - Request a flag raising for April 1st, 2015.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Strange, seconded by Councillor
Campbell that the communication be approved.
Carried Unanimously
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-2015-13 - Niagara Falls Tourism Requests
The report recommends that Council approve the funding request.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor
that the funding request be deferred to be considered with the remaining OLG funding.
Motion Carried
with Councillors Thomson and Pietrangelo opposed and Councillor Kerrio declaring a
conflict.
MW-2015-04 — LED Street Light Retrofit Project
The report recommends that staff be directed to proceed with the LED Street Light
Retrofit Project; and that the required funding be approved for this project.
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ORDERDED on the motion of Councillor Morocco, seconded by Councillor Kerrio that
the report be approved as recommended.
Carried Unanimously
F-2015-09 - Statement of Remuneration & Expenses for Members of Council &
Commissions.
The report is recommended for the information of Council.
F-2015-11 - Major Receivables Monthly Report (Feb)
The report is recommends that Council receive the Monthly Tax Receivables report for
information purposes.
F-2015-12 -Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$10,791,495.14 for the period February 5, 2015 to March 4, 2015.
L-2015-10 - Canadian National Railway Company, Licence Agreement with the
City, The Niagara Falls Lion's Legacy Trail (Formerly Millennium Tail Phase 3)
The report recommends that the City enter into two Agreements with the Canadian
National Railway Company ("CNR") as follows:
1. Agreement with respect to the use and maintenance of a railway crossing over
the lands shown on Attachment "1" to this Report, for the purpose of extending
The Niagara Falls Lion's Legacy Trail ("Legacy Trail") ("Use and Maintenance
Agreement"); and
2. Agreement with respect to the use of an existing concrete pedestrian tunnel as
shown on Attachment "2" to this Report, for the purpose of using it in conjunction
with the Legacy Trail ("Pedestrian Tunnel Agreement").
3. That the Mayor and Clerk be authorized to execute the Use and Maintenance
Agreement and Pedestrian Tunnel Agreement.
L-2015-11 - Assignment of Lease, Centre Court Café MacBain Community Centre
The report recommends that subject to the completion of due diligence, the City accept
the assignment of the Lease of the Centre Court Café from 1624609 Ontario Inc. to
Bassam Faraj and Nadine Azzo, or a corporation to be nominated by them.
PBD- 2015-12 - DOW-2015-001 Facade Improvement Grant, 4407 Queen Street,
Owner: Antonio Barranca
The report recommends that Council approve the Commercial Building Improvement
Grant Applications for 4407 Queen Street (Antonio Barranca) subject to the owner
satisfying the program requirements.
PBD-2015-13 - DOW-2015-002, Facade Improvement Grant, 4411 Queen Street.
Owner: Mary Barranca
The report recommends that Council approve the Commercial Building Improvement
Grant Applications for 4411 Queen Street (Mary Barranca) subject to the owner
satisfying the program requirements.
R&C-2015-02 - Healthy Kids Community Challenge Funding
The report recommends that Council receive the report for information purposes.
TS-2015-08 - Cambridge Street - Intersection Control Reviews
The report recommends that a stop sign is installed on the following intersection
approaches:
1. Facing westbound motorists on Cambridge Street at Wiltshire Boulevard;
2. Facing northbound motorists on Potter Heights at Cambridge Street; and
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March 24, 2015
3. Facing southbound motorists on McColl Drive at Cambridge Street.
TS-2015-10 - Niagara College Summer Transit Service Extension
The report recommends that Niagara Falls Transit services are provided to Niagara
College students residing within the City of Niagara Falls from May 1, 2015 through
August 31, 2015 in return for twenty-five cents per ride, which will be paid by the
Niagara College Student Administrative Council; and that the Mayor and Clerk are
authorized to execute the necessary agreements.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell
that the remainder of the reports on the Consent Agenda be approved as
recommended.
Carried Unanimously
RESOLUTIONS
NO. 8- KERRIO- CAMPBELL -Therefore be it resolved that Niagara Falls City Council
endorse the Age-Friendly Planning Strategy developed by Heartland Forest to support
participation and healthy active lifestyles for older adults and all citizens;
NO. 9 -KERRIO- CAMPBELL -Therefore be it resolved that Niagara Falls City Council
endorse the Age-Friendly Planning Strategy developed by St. John Ambulance, Niagara
Falls Branch to support participation and healthy active lifestyles for older adults and all
citizens;
NO. 10 -KERRIO- CAMPBELL -Therefore be it resolved that Niagara Falls City Council
considers the eighth annual Springlicious as an event of municipal significance and
supports the provision of a Special Occasion Liquor Licence (SOP) for the event;
NO. 11 -KERRIO- CAMPBELL -Therefore be it resolved that Niagara Falls City Council
considers the Niagara Folkarts Festival to be an event of municipal significance and
supports the provision of a Special Occasion Liquor Licence (SOP) for the event;
NO. 12 - KERRIO- CAMPBELL - Therefore be it resolved that Council confirms the
actions of Staff in filing the Notices of Appeal or Complaint against those properties set
out in Schedule "A" attached to the Resolution; and that staff of the City of Niagara Falls
are hereby directed to take whatever action is required to prepare, present and argue
the City's case with respect to the assessment of the properties listed in Schedule "A"
as attached to this resolution of Council before the Assessment Review Board,
including, without limiting the generality of the foregoing, the retention of legal counsel
and qualified experts in the appraisal of real property.
Carried Unanimously
* * * * *
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the by-laws be given a first reading.
Carried Unanimously
2015-28 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited, Limited Parking, Yield
Signs at Intersections).
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2015-29 A by-law to authorize the execution of a License Agreement with
Canadian National Railway Company, respecting the use and
maintenance of a railway crossing.
2015-30 A by-law to authorize the execution of a License Agreement with
Canadian National Railway Company, respecting the use of an existing
concrete pedestrian tunnel for recreational trail use.
2015-31 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.
2015-32 A by-law to authorize the execution of an agreement with the Niagara
College Administrative Council Inc. for the provision of transit services.
2015-33 A by-law to provide for citizen appointments to certain Committees and
Boards.
2015-34 A by-law to authorize the payment of $10,791,261.66 for General
Purposes.
2015-36 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 24th day of March, 2015.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that the by-laws be given a second and third reading and passed.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the meeting be adjourned at 9:35 p.m.
Carried Unanimously
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DEAN IORF DA, CITY CLERK JAMES M. DIODATI, MAYOR
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