01/26/2016 FIRST MEETING
REGULAR COUNCIL MEETING
January 26, 2016
Council met on Tuesday, January 26th, 2015 at 5:15 p.m. for the purpose of
considering Regular Business matters. All members of Council except Councillor
Strange were present.
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The National Anthem was sung by Sara Ferro.
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the minutes of the December 8th, 2015 meeting be approved, as printed.
Carried Unanimously
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DISCLOSURE OF PECUNIARY INTERESTS
Councillor Morocco indicated a pecuniary interest with cheque numbers 389389,
390264 and 391038, made payable to her spouse.
Councillor Pietrangelo indicated an indirect pecuniary interest with cheque
number 390295 and also two wire transfers, all made to the Niagara Catholic District
School board, his employer.
Councillor Kerrio indicated a conflict with an In Camera item, as he owns
adjacent property and an indirect pecuniary interest to report MW-2016-01, as he is a
property owner within the B.I.A.
Councillor Campbell indicated a pecuniary interest with cheque number 390683,
made payable to himself.
Councillor Thomson indicated a pecuniary interest with cheque number 389861,
made possibly to his brother.
Mayor Diodati indicated a pecuniary interest with cheque numbers 389333,
389692, 389981, 390478 and 390893, made payable to himself.
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Councillor Pietrangelo chaired the Budget meeting 5:20 p.m.
BUDGET MATTERS 5:00 — 6:45 P.M.
MW-2016-01 — Victoria Centre Streetscape Rev. Ph. 1 Implementation
The report recommends the following:
1. That the funding for the construction of the Victoria Centre Streetscape
Revitalization Project (Phase 1) be referred to the 2016 Capital Budget Review
process.
Council Minutes
January 26, 2015
2. That staff include a prequalification process to select a roster of bidders upon
receipt of budget approval.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the Victoria Centre Streetscape Revitalization Project (Phase 1) be approved, that
staff include a prequalification process to select a roster of bidders upon receipt of
budget approval and that the financial contribution proposed by the Victoria Centre
B.I.A. be accepted as their contribution to the project.
Motion Carried
with Councillors Craitor and loannoni opposed.
Operating Budget Presentation
Todd Harrison, Director of Finance provided an overview of the 2016 Operating Budget.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that
staff bring back possible cuts and funding options to mitigate the possible 7% tax
increase.
Carried Unanimously
Councillor Pietrangelo stepped down at 6:50 as Chair.
DEPUTATIONS/PRESENTATIONS
Big Brothers Big Sisters Tim Horton's Bowl For Kids Sake
Jon Braithwaite, Executive Director of Big Brothers Big Sisters, addressed
Council on the organization's annual Bowl for Kid's Sake event and requested relief on
the arena ice rental fees associated with a recent event.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that Council put forward a team for the Bowl for Kid's Sake event and that a
fee equal to the ice rental fees be provided.
Carried Unanimously
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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-2016-01- Monthly Tax Receivables Report— November
The report recommends that Council receive the Monthly Tax Receivables report for
information purposes.
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F-2016-02 - 2016 Interim Tax Levy & Bylaw
The report recommends Council approve the 2016 Interim Tax Levy calculation and by-
law providing for the 2016 Interim Tax Levy.
F-2016-03 - Monthly Tax Receivables Report - December
The report recommends that Council receive the Monthly Tax Receivables report for
information purposes.
F-2016-04 - Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$28,258,699.06 for the period November 5, 2015 to January 7, 2016.
FS-2016-01- Fire Department Purchase of Self-Contained Breathing Apparatus
(SCBA)
The report recommends that Council authorize staff to proceed with the purchase order
for the second half of the SCBA equipment order for the Niagara Falls Fire Department.
MW-2016-04 - Oakes Park Grandstand & Park Building Improvements Information
Update and 2016 Capital Budget
The report recommends the following:
1) That Council receive this report for information.
2) That additional funding for the scope change identified in this report be referred
to the 2016 Capital Budget for consideration.
PBD-2016-001- Street Name Changes,Portion of Gallinger Street — West of
QEW/East of Montrose Road to Dumont Street, Portion of Morrison Street — West
of QEW/East of Montrose Road to Woodbine Street
The report recommends the following:
1) That Council direct staff to change the street name for a portion of Gallinger
Street, west of the QEW/east of Montrose Road, to Dumont Street.
2) That Council direct staff to change the street name for a portion of Morrison
Street, west of the QEW/east of Montrose Road, to Woodbine Street.
PBD-2016-003- PLC-2015-006, Request for Removal of Part Lot Control Block 78,
Plan 59M 401, 7220 to 7240 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 78 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-2016-006- Victoria Avenue Library — HVAC Upgrades
The report recommends that the project to supply and install the required upgrades to
the heating, ventilation and air conditioning system at the Victoria Avenue Library be
awarded to Keith's Plumbing and Heating Inc. at a total project cost of $977,350
(excluding HST).
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TS-2016-02 - Kalar Road — Speed Limit Review
The report recommends that the existing 50 km/h speed limit on Kalar Road between
Thorold stone Road and a point 350 metres north of Thorold Stone Road be extended
north to a point 500 metres north of Thorold Stone Road.
TS-2016-04 — Transit Specialized Bus Purchase
The report recommends the following:
1) That Council approve an Agreement to purchase buses through the Metrolinx
Transit Procurement Initiative.
2) That Council approve the purchase of two (2) specialized buses through the
Procurement Initiative from Overland Custom Coach for $210,000.
3) That the Mayor and City Clerk be authorized to execute the necessary
Agreement.
TS-2016-06 - Administrative Monetary Penalties (AMP) By-law Amendment
1) That Council approve the amendment to the Administrative Monetary Penalties
(AMP) Bylaw 2014-65 to include disability parking violations; and
2) That Council approve the related by-law, later in the agenda.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
TS-2016-03 - Supply of 40' Conventional Buses
The report recommends that Council approve the purchase of three 40 foot
conventional transit buses from NovaBus to replace three 40 foot high floor (non-
accessible) buses that have met their useful life.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco
that TS-2016-03 be approved as recommended.
Carried Unanimously
PLANNING MATTERS
PBD-2016-004- AM-2014-007, City Initiated Zoning Amendments Affecting Zoning
By-law Nos. 79-200 (Niagara Falls & Chippawa Section), 538 (Crowland Section)
and 395 (Willoughby Section)
Background
City regulated by 3 zoning by-laws for the area north of the Welland River (79-200);
former Willoughby Area (#395); and former Crowland Area (#1538)
By-laws updated on a periodic basis; the last updates occurred 5 years ago.
Updates are being done to remove antiquated wording, respond to changes in trends,
and to provide consistency
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January 26, 2015
Proposed Changes
Add/Amend the definitions of deck, emergency care residence, hospital and outdoor
patio.
Amend the definitions of accessory building and accessory structure. Permit as an
accessory use/structure associated with a dwelling in DC, DTC, TRM, DH zones.
Remove regulations for private swimming pools.
Amend the definition of a Community Building to delete the term charitable and to
provide wording of no overnight accommodations.
Amend the permitted uses in the following zones: NC, GC, SC, CB and TC zones to
allow patios as an accessory use.
add a garden centre accessory to a retail store in the GC zone.
allow an office in the TC zone.
Regulations
Amend the regulations for public services/public utilities in By-laws 79-200 and 1538.
Add regulations for lots fronting on 3 streets to provide a front yard setback on the
opposing lot frontages.
Amend the parking regulations for on-street townhouses to 1 parking space per unit
Amend the maximum lot coverage in the R1A, R1 B, R1 C, R1 D, R1 E, R2 and R3 zones
from 40% to 45%. This is consistent with the R1 F Zone.
Amend the regulations for the interior side yard, lot coverage and maximum height in
the AS zone for a gasoline bar.
Amend the width of a driveway to 60% but no larger than 9m for detached, semi-
detached or duplex dwellings, whichever is less, and 60% of frontage for a street
townhouse.
Remove a home for the physically handicapped and home for the mentally retarded
from the I zone and add an emergency care residence as a use in the I zone.
Correct typographical errors that occurred as a result of the passage of By-law No.
2011-136.
Recommendation
That Council approve the City initiated amendments to Zoning By-law Nos. 79-200,
1538 and 395, as outlined in this report, and
That Council pass the amending by-laws included in tonight's agenda to implement the
amendments.
The Public Meeting was Closed.
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ORDERED on the motion of Councillor Morocco, seconded by Councillor
Thomson that the report be approved as recommended.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to Harvey Dalton, retired City employee on
the passing of his wife Debbie Dalton, to Dana Villeneuve, city employee on the passing
of her father, to Yvonne Blais, a city employee on the passing of her father-in-law, Leo
Blais, to Darlene Vaughan, a city employee on the passing of her father Don Ede, to
Catherine Luey, a city employee on the passing of her father George Burchell, and to
the family of Monsignor Ferrando.
Mayor Diodati advised of recent events: Fire Station 6 Appreciation Event, Fourth
Avenue Skate for residents, New Year's Eve Celebration in Queen Victoria Park, World
Women's U18 Hockey Championship, Cory Cruise CD release, Rotary Club Sunrise 25
Year Anniversary and the 27th Annual Sports Wall of Fame Induction Ceremony.
Mayor Diodati advised of upcoming events: State of the City Address, hosted by
the Chamber of Commerce and the State of the Southern Tier.
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Project SHARE — requesting the City put in a team for their "Coldest Night of the
Year" event.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Craitor that the City enter a team.
Carried Unanimously
2. Boys and Girls Club - requesting the City put in a team for their 18th Annual
"Sweep for Kids Bonspiel" event.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Craitor, seconded by Councillor
Pietrangelo that the City participate in the event.
Carried Unanimously
3. Celebrate Old Downtown — requesting road closures, in-kind services, relief to
by-laws, use of City property and grants equal to fee waivers for the annual
Springlicious event and an inaugural Beer Fest.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Morocco that the communication be approved.
Carried Unanimously
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RATIFICATION OF "IN CAMERA" MATTERS
ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell
that the recommendations from the January 26th, 2016 meeting be approved:
L-2016-01 - Proposed Conveyance of City Owned Land to Rudan Parts of Dixon
Street and Cleveland Avenue
1. That Parts 1 and 2 on Plan 59R-14101 of the Land Registry Office of the Land
Registry Division of Niagara South (No. 59) (the "subject lands"), be conveyed
at $75,000;
2. That the City retain a 1.8 meter strip along the northern boundary of the subject
lands for future use as a sidewalk;
3. That the conveyance be subject to whatever easements are required to ensure
that all public utilities that have infrastructure on, over or within the subject lands
are able to maintain and service that infrastructure;
4. That following the usual procedure, the portion of the subject lands that is to be
conveyed be stopped up and closed as a public highway;
5. That City policy concerning the sale of land be strictly enforced so that the
purchaser is required to pay for all three of the appraisals which were obtained
to facilitate this transaction;
6. That the Mayor and Clerk be authorized to sign whatever documents are
required to complete the conveyance.
Motion Carried
with Councillor Morocco opposed and Councillor Kerrio declaring a conflict.
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that the by-laws be given a first reading.
Carried Unanimously
2016-01 A by-law to authorize the execution of a Transfer and Grant of Easement
Agreement with the District School Board of Niagara, respecting the use of
a portion of its land for a fire hydrant.
2016-02 A by-law to designate Block 78, Registered Plan 59M-401, not to be
subject to part-lot control (PLC-2015-006).
2016-03 A by-law to amend By-law No. 79-200, By-law No. 1538, of the former
Township of Crowland, now the City of Niagara Falls, and By-law No. 395,
of the former Township of Willoughby, now the City of Niagara Falls, to
introduce new definitions and regulatory provisions (AM-2014-007).
2016-04 A by-law to amend By-law No. 79-200 to correct typographical errors that
occurred as a result of the passage of amending By-law No. 2011-136
(AM-2014-007).
2016-05 A by-law to authorize the execution of an amending agreement with Her
Majesty the Queen in right of the Province of Ontario, as represented by
the Minister of Economic Development, Employment and Infrastructure
respecting programs related to the Area Small Business Enterprise
Centre.
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2016-06 A by-law to amend By-law No. 2014-65, being A By-law to establish a
System of Administrative Penalties respecting the stopping, standing or
parking of vehicles in the City of Niagara Falls.
2016-07 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. ( Stop Signs at Intersections
2016-08 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.
2016-09 A by-law to provide an interim levy of realty taxes.
2016-10 A by-law to authorize the payment of $28,258,699.06 for General
Purposes.
2016-11 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 26th day of January, 2016.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that the by-laws be given a second and third reading.
Carried Unanimously
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NEW BUSINESS
Development Matters
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that staff prepare a report on a possible moratorium on Development
Charges at the City and Regional level, amendments to the Municipal Employment
Incentive Program, Niagara Gateway Economic Zone Community Improvement Plan to
benefit the accommodation sector and that staff approach the undeveloped, approved
hotel high rise properties to encourage their development.
Carried Unanimously
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ORDERED on the motion of Councillor Morocco, seconded by Councillor
Thomson that the meeting be adjourned at 8:00 p.m.
Carried Unanimously
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DEAN IORFI A, ITY CLERK JAMES M. DIODATI, M YOR
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