2011/03/21 FIFTH MEETING
REGULAR COUNCIL MEETING
March 21, 2011
Council met on Monday, March 21, 2011 at 5:15 p.m. in Committee of the Whole
in Committee Room #2. An In Camera session commenced following the Council Meeting
at 11:00 p.m. The Council did not rise and report from the March 21S In Camera session.
Council met for the purpose of considering Regular Business matters in Council
Chambers at 6:45 p.m. All members of Council were present. Councillor Morocco offered
the Opening Prayer.
* * * **
ADOPTION OF MINUTES
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the minutes of February 28, 2011 be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Kerrio indicated a conflict to an In Camera matter involving the People
Mover.
Councillor Morocco indicated a pecuniary interest to cheque no. 344027, made
payable to her spouse and to CD- 2011 -02, pertaining to the Niagara Falls Tourism
appointments.
* * * **
DEPUTATIONS /PRESENTATIONS
Citizenship Judge
Mayor Diodati, on behalf of Council, congratulated former Mayor and long -time local
politician, Bill Smeaton, on his recent appointment as a Citizenship Judge and presented
Mr. Smeaton with a plaque from the City.
Niagara Falls Humane Society Fundraiser
Kathleen Mann, Volunteer and Fundraiser Chair, informed council of the Humane
Society's upcoming 2nd Annual Trivia fundraiser. Funds raised will go towards having an
on -site spay and neutering clinic.
ORDERED on the motion of Councillor Wing, seconded by Councillor Gates that
City Council enter a team and donate a prize to the Trivia night fundraiser.
Carried Unanimously
Steps for Life
Sharon Pye, Committee Chair, and members of the Steps for Life organization
informed Council of the 5 km fundraiser supporting families of workplace tragedy, being
held on Sunday May 1, 2011.
-2-
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing
that May 1s 2011 be proclaimed as "Threads for Life" in the City of Niagara Falls and that
the Mayor challenge his colleagues in the Region.
Carried Unanimously
* * * **
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati advised of some recent events: Niagara Concerts had its final show
of the season and tickets are on sale for next season's line -up and the Winter Festival of
Lights was named as one of the "top 100 festivals" by " Festivals and Events Ontario ".
Mayor Diodati advised of some upcoming events: Chamber of Commerce
Luncheon, where he will present his "State of the City address "; Regional Chair Gary
Burroughs' "State of the Region" address; the Junior B Canucks hockey team semi -final
series against the Port Colborne Pirates and the Optimist Club Youth Appreciation Awards.
* * * **
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Niagara Falls Optimist - Request that the week of March 20 - 26 2011 be
proclaimed as "Youth Appreciation Week" in the City of Niagara Falls.
Recommendation: For the Approval of Council
ORDERED on the motion of Councillor Maves, seconded by Councillor Morocco that
the request be approved.
Carried Unanimously
2. Canadian Association of Nurses in Oncology - Request that April 5 2011 as
"Canadian Oncology Nursing Day ", in the City of Niagara Falls.
Recommendation: For the Approval of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the request be approved.
Carried Unanimously
3. RedBoss Pyrotechnics - Request for fireworks displays at the great Wolf Lodge
for various dates in the summer.
Recommendation: For the Approval of Council, subject to the appropriate
insurance coverage acceptable to the City.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the request be approved as recommended.
Carried Unanimously
Councillor Pietrangelo exited Chambers.
4. Downtown Board of Management - Requesting an all -way stop at Queen Street
and Crysler Avenue.
Recommendation: Refer to staff for a report.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the request be referred to staff, as recommended.
Carried Unanimously
* * * **
-3-
REPORTS
Unfinished Committee of the Whole Matters
HR- 2011 -02 - Fire Department Full Time Recruitment
The report recommends that the following be approved:
1. That the mandatory qualifications be amended to include an educational
requirement and minimum of a post secondary diploma / certificate in Fire related
courses and /or equivalent of at least three (3) years of volunteer fire fighting
experience (currently a high school diploma).
2. That upon meeting the basic and mandatory qualifications (including the Brock
testing), first candidate interviews shall be offered and prioritized to City fire fighter
volunteers and residents of Niagara Falls.
3. Applicants receiving the best overall rating will be short- listed, selected, and
interviewed for second interviews where references will be requested. Pending a
successful medical examination, offers of employment may then be made to the
volunteer and /or local candidates.
4. Notwithstanding the above, should it be necessary, the City of Niagara Falls
reserves the right to interview and hire candidates outside Niagara Falls, looking
firstly to offer the positions to residents of the Niagara Region and then residents
of Ontario.
5. No external candidates (i.e., candidates living outside of Niagara Falls) shall be
offered first interviews until all qualified Niagara Falls candidates /volunteers have
been interviewed and considered for selection as noted above.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that Todd Brunning, Firefighters Association, be permitted to speak.
Carried Unanimously
Todd Brunning, President of the Niagara Falls Fire Fighters Association, expressed
his appreciation and support for Council's efforts. Mr. Brunning had concern that the policy
being recommended may compromise the City hiring "the best of the best" and will put
restriction on the talent pool.
ORDERED on the motion of Councillor Mayes, seconded by Councillor Morocco that
the report be referred back to staff.
Carried Unanimously
Downtown Matters
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that Kevin Clement be permitted to speak.
Carried Unanimously
Kevin Clement, Vice Chair Elect, Downtown Board of Management, indicated that
they were lead to believe at the BIA that the City was not ready to go ahead with the
sidewalk reconstruction, which turned out to not be true. He expressed the need for the
sidewalk work.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the Clerk bring back a report on BIA voting And assist the BIA in their procedural
issues,
Carried Unanimously
-4-
*****
Appointment Matters
1. CD- 2011 -02, Chief Administrative Officer - Review of Appointments.
The report recommends the following:
That Council approve the recommendations outlined in the report, most notably:
That the Recreation Committee be combined with the Arts & Culture Committee
creating a Recreation & Culture Committee.
That the Recreation & Culture department investigate a Volunteer Roster for events
organized by the department.
That any ad hoc committees will automatically be disbanded once their mandate
has been fulfilled.
That the terms of reference for the for the Museum Advisory Board be approved.
That the General Terms of Reference to Advisory Committees of Council be
approved.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that
Karen Fraser be permitted to speak.
Carried Unanimously
Karen Fraser, Chair, Arts & Culture Committee, asked for Council's consideration
in having the committee remain a stand -alone committee and not be merged with the
Recreation Committee.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the Recreation Committee not be combined with the Arts & Culture
Committee.
Motion Carried
with Councillor Wing opposed.
* * * **
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the remainder of the report be approved and that staff come back with a report on
external appointments.
Carried Unanimously
with Councillor Morocco indicating a conflict with the Niagara Falls Tourism Board.
ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that
a committee orientation workshop be held, mandatory for first time applicants.
Carried Unanimously
* * * **
Councillor Pietrangelo Chaired the Budget Meeting at 9:15.
2011 Budget
CAO Ken Todd made a presentation to Council on the budget, on possible
expenditure reductions, transfers to capital and reserves, internal rents and an introduction
to grants and fees for service.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
the CAO bring back a report on recommended cuts to permissive grants and fees for
service.
Carried Unanimously
-5-
Councillor Pietrangelo stepped down as Chair
* * * **
RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE MATTERS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the actions taken in the Committee of the Whole Committee, on March 21, 2011 be
approved.
1) The Committee of the Whole minutes of the February 28, 2011 be approved.
2) REPORTS:
a) TS- 2011 -17
Downtown Board of Management
Request for 2 -hour Free parking on Queen Street/Valley Way
That the request for free parking along Queen Street and Valley Way be deferred
until after the completion of the comprehensive Parking Operations study due in
June.
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- 2011 -09 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $8,961,908.86 for the period January 27, 2010 to February
16,2011.
MW- 2011 -13 - Drinking Water System Annual Summary Report. The report
recommends that the report be received and filed.
R &C- 2011 -07 - Rick Hansen 25 Anniversary Relay. The report recommends that the
following be approved:
1. That Council approve the Rick Hansen 25 Anniversary Relay Agreement with the
Rick Hansen Foundation;
2. That the clerk be authorized to execute the agreement, listed under the by -law
section of the agenda.
R &C- 2011 -08 - Cultural Capitals of Canada Application. The report recommends that
Council receive the report for information purposes.
TS- 2011 -14 - Carolyn Avenue at Heather Avenue Intersection Control Review. The
report recommends that a yield sign is installed facing southbound motorists on Heather
Avenue at Carolyn Avenue.
-6-
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
* * * **
RESOLUTIONS
NO. 14 - MOROCCO - THOMSON - THEREFORE BE IT RESOLVED that the grand
Opening of the Scotiabank Convention Centre is a community festival deserving of City
council support.
Carried Unanimously
NO. 15 - MOROCCO - THOMSON - THEREFORE BE IT RESOLVED that the Niagara
Music & Arts Expo in Downtown Niagara Falls is a community festival deserving of City
Council support.
Carried Unanimously
NO. 16 - MOROCCO - THOMSON - THEREFORE BE IT RESOLVED that the Rotary Club
of Niagara Falls Sunrise Ribfest is a community event deserving of City Council support.
Carried Unanimously
(Councillor Pietrangelo absent for No. 14,15 & 16)
NO. 17 - PIETRANGELO - MAVES - THEREFORE BE IT RESOLVED that Niagara Falls
City Council supports the efforts of Christ Church in obtaining Federal funding to restore
the chimes in the Church's carillon bell tower.
Carried Unanimously
* * * **
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be given a first reading.
Carried Unanimously
2011 -30 A by -law to amend By -law No. 79 -200, to permit a semi - detached dwelling
on the Lands. (AM- 2010 -023)
2011 -31 A by -law to amend By -law No. 79 -200, to exempt certain uses on the Lands
from requiring parking. (AM- 2010 -024)
2011 -32 A by -law to amend By -law No. 79 -200, to permit a commercial building on
the Lands with a limited range of uses. (AM- 2011 -001)
2011 -33 A by -law repealing the by -laws in respect to the City of Niagara Falls Board
of Museums.
2011 -34 A by -law to authorize the execution of an Agreement with the Rick Hansen
Foundation respecting the Rick Hansen 25 Anniversary Relay.
2011 -35 A by -law to authorize the payment of $8,961,908.86 for General Purposes.
2011 -36 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 21s day of March, 2011.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be read a second and third time and passed.
Carried Unanimously
* * * **
-7-
NEW BUSINESS
Convention Centre
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
staff bring back a report pertaining to barrier -free accessibility at the Convention Centre.
Carried Unanimously
* * * **
Agent Orange
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that staff investigate the use of Agent Orange in Niagara Falls.
Carried Unanimously
* * * **
ORDERED on the motion of Councillor Mayes, seconded by Councillor loannoni
that the meeting be adjourned at 10:55 p.m. and enter into a Closed In Camera
Session.
Carried Unanimously
DEAN IORFI9A, CI Y CLERK AMES M. DIODATI, MAYOR