2011/05/30 NINTH MEETING
REGULAR COUNCIL MEETING
May 30, 2011
Council met on Monday, May 30, 2011 at 4:30 p.m. in Committee of the Whole in
Committee Room #2. The Council went into an In camera session at 6:15 p.m.
Council met for the purpose of considering Regular Business matters in Council
Chambers at 6:55 p.m. All members of Council were present. Councillor Gates offered the
Opening Prayer.
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ADOPTION OF MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the minutes of May 16, 2011 be approved as printed.
Carried Unanimously
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DISCLOSURES OF PECUNIARY INTEREST
Councillor Maves indicated a pecuniary interest with cheques no. 345253 and
345525 made out to Condotta Merrett Insurance, for whom he has a financial interest.
Councillor Morocco indicated an indirect pecuniary interest with cheque no. 345875
made payable to her spouse.
Councillor Pietrangelo indicated a pecuniary interest with a wire transfer to the
Niagara Catholic District School Board, his employer.
Councillor Kerrio indicated a pecuniary interest with the matter in CD- 2011 -10
pertaining to the Fallsview BIA and the related By -law, 2011 -70, as he is an affected
stakeholder.
Mayor Diodati indicated a pecuniary interest with cheque 345700 made payable to
himself.
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DEPUTATIONS/ PRESENTATIONS
Heater's Heroes Celebrity Run for Children
Mike Strange, event organizer, informed Council of an upcoming event to benefit
Tender Wishes, " Celebrity Run for Children" which will take place August 13 at Oakes
Park, in the memory of Robert (Bob) Lavelle. Council members agreed to participate.
Independent Police Review
Gudelia Morency, Regional Outreach and Education Advisor with the Office of the
Independent Police review Director (OIPRD) outlined the activities of the civilian oversight
body for public complaints about the police.
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Crime Stoppers
Stu Black, Executive Director, made a brief presentation to Council outlining the
organization's activities and cleared up any myths and misconceptions surrounding their
operation.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
Crime Stopper advertisement be approved for Transit vehicles, city facilities, when vacant,
and a link be placed on the City's web page.
Carried Unanimously
Welland Canal Historic Designation
Regional Councilor Bruce Timms made a powerpoint presentation on the efforts to
designate the Welland Canal.
ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that
staff report back on the implication of a Federal Heritage Designation to the Chippawa
entrance of the Welland Canal /Chippawa Creek.
Carried Unanimously
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Accessibility Matters
Members of the City's Disability Advisory Committee recognized Dan Bouwman,
Heartland Forest with the Patrick Cummings Award for going above and beyond in creating
a barrier free environment. Commisso's Fresh Foods was acknowledged with a certificate
of excellence.
-AND -
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the week of May 29 to June 4 2011 be proclaimed as " National Access Awareness
Week" in the City of Niagara Falls.
Carried Unanimously
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CD-2011-11, Facility Accessibility Design Standards. The report recommends the
following:
That Council adopt the Facility Accessibility Design Standards (FADS) 2007 version as the
approval document for the development of future municipal facilities; and
That any permissive language read in the FADS document be considered mandatory for
the development of future municipal facilities; and
That doorless washrooms (snake entrance) be required for any future municipal facilities
or, if not possible, any designated washroom be equipped with automatic door openers;
and
That Council receive the information on accessibility at the Gale Centre and Scotiabank
Convention Centre; and
That Council receive the Disability Advisory Committee's 2011 Accessibility Plan.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the report be approved as recommended.
Carried Unanimously
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
a letter be sent to the NHS, outlining concerns over referrals to non - accessible taxi
services. Carried Unanimously
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MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati advised of some recent events: The Weightman Bridge had its official
re- opening, the opening weekend of the GO Train Service, the City employee retiree
luncheon and the Falls Management Company's announcement of a proposed 7,000 seat
entertainment venue.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the Council send a correspondence to the Falls Management Company imploring them
to ensure that the entertainment facility is not restricted to those over 19 years old.
Carried Unanimously
Mayor Diodati advised of some upcoming events: The Federation of Canadian
Municipalities Conference will be held next weekend in Halifax, the Scotiabank Centre will
be receiving an accessibility award from the Ontario March of Dimes and the CBC's Live
Now Initiative, challenging municipalities to lose weight.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Gates that
Council endorse the challenge and refer it to the City's Human Resources specialist.
Carried Unanimously
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. War of 1812 Bicentennial Celebrations - Request from the Canadian Consulate
General that the ten Niagara municipalities proclaim the cross - border regions as an
International Corridor of Peace and Cooperation.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the request be approved as recommended.
Carried Unanimously
2. Canadian Veterans National Rendezvous — Request for a Fireworks display on
July 9th in association with the event.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the request be approved.
Carried Unanimously
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REPORTS
RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE MATTERS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the actions taken in the Committee of the Whole Committee, on May 30, 2011 be
approved.
Carried Unanimously
with Councillor Kerrio indicating a conflict with the Fallsview BIA matter.
1) The Committee of the Whole minutes of May 16, 2011 be approved.
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2) REPORTS:
a) MW- 2011 -20
Proposed New Chippawa Boat Dock
1. That Committee recommend for ratification that Council endorse the concept,
location and timing of the proposed new Chippawa public boat dock and
arrangement with the Chippawa Public Docks Committee.
2. City staff be directed to undertake a Crown lease arrangement with the Ministry of
Natural Resources (MNR) and seek the consent of other approval agencies.
3. That funding for the City's portion of this project be referred to the 2012 Capital
Budget deliberations.
4. That staff conduct a review of on- street parking on Front Street so that any
modifications can be incorporated into the design and implemented during the
project construction phase;
5. That a grant of $300 equal to the related fees be approved; and
6. That City staff deal with the proper authorities on the erosion issues and report
back.
b) CD- 2011 -10
BIA Matters
1. That Committee approve the top 15 candidates from the Downtown BIA election.
2. That Committee recommends for ratification that Council approve the Downtown
BIA budget of $403,000 for 2011; and
3. That Committee recommends for ratification that Council approve the Main & Ferry
BIA budget and board of directors; and
4. That Committee recommends for ratification approval of the Fallsview BIA By -law
amendment.
3) New Business
That staff meet with the proprietor of the Centre Court Cafe regarding his
agreement.
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RATIFICATION OF " IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the recommendation from the "In Camera" meeting from May 30, 2011 be approved.
L- 2011 -11
Acquisition of Lands
1340258 Ontario Inc.
Warren Creek Storm Water Management
Channelization Project
1. That Council approve the purchase of Parts 1, 3, 5, 6, 7 and 7 on Plan 59R -14270
from 1340258 Ontario Inc. At a cost of Ninety -Two Thousand and Eighty -One
Dollars ($92,081) per acre, total cost to be Two Million Dollars ($2,000,000).
2. That the Mayor and Clerk be authorized to execute the necessary documents
required to complete the purchase.
Motion Carried
with Councillors Gates, loannoni, Morocco and Wing opposed.
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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.
F- 2011 -20 - 2011 Property Tax Rates. The report recommends that Council approve the
2011 Property Tax Rates.
F- 2011 -21 - Final Tax Notice Due Dates for Residential, Pipeline, Farmland and
Managed Forest Assessment Classes. The report recommends that June 30 and
September 30 be approved as the 2011 Final Due Dates for the Residential, Pipeline,
Farmland and Managed Forest Assessment Classes.
F- 2011 -23 - 2010 Sleep Cheap Event. The report recommends that Council receive this
information on the 2010 Sleep Cheap Charities Reap event and subsequent distribution
of funds to community organizations.
F- 2011 -24 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $29,266,201.56 for the period March 31,2011 to May 11, 2011.
F- 2011 -25 - Major Tax Receivables Report. The report recommends that Council receive
the Monthly Tax Receivables report for information purposes.
MW- 2011 -18 - Kalar Road Reconstruction Project, Lundy's Lane to Beaverdams
Road, CNR Standard Warning System and Crossing Reconstruction Agreements
The report recommends that the Mayor and City Clerk be authorized to execute the CNR
Standard Crossing Warning System Notification Agreement and the Standard Crossing
Reconstruction Agreement.
MW- 2011 -22 - Crimson Park Playground, TV Ontario. The report recommends that the
Mayor and City Clerk be authorized to execute an agreement with Sinking Ship
Entertainment for the TVO television show location.
PD- 2011 -36 - AM- 2010 -012, Zoning By -law Amendment Application, West Side of
Kalar road South of Lundy's Lane. Applicant: River Realty Development (1976) Inc.
Removal of a Holding (H) Symbol.
The report recommends that Council pass the by -law appearing on tonight's agenda
to lift the Holding (H) symbol from the subject lands zoned Residential Single Family 1 E
Density (R1 E -918), Residential Low Density, Group Multiple Dwelling (R4 -919),
Residential Apartment 5B Density (R5B -920) and Residential Apartment 5C Density (R5C-
921) to allow them to be developed.
TS- 2011 -23 - Queen Street at Crysler Avenue Intersection Control Review. The report
recommends that an all -way stop be installed at the intersection of Queen Street and
Crysler Avenue.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
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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 -66 A by -law to amend By -law No. 2007 -236, which amended By -law No. 79-
200, to remove the holding symbol (H) on the lands on the west side of Kalar
Road, south of Lundy's Lane, to allow development on a portion of the
Deerfield Phase 9 plan of subdivision. (AM- 2010 -012)
2011 -67 A by -law to provide for the adoption of Amendment No. 100 to the City of
Niagara Falls Official Plan. (OPA No. 100)
2011 -68 A by -law to amend By -law No. 79 -200, to guide the development of the
Oldfield Plan of Subdivision on the Lands, subject to the removal of a holding
(H) symbol on a portion of the Lands. (AM- 2010 -004)
2011 -69 A by -law to set and levy the rates of taxation for City purposes, for Regional
purposes, and for Education purposes for the year 2011.
2011 -70 A by -law to amend By -law 98 -223, being a By -law to designate an area as
an Improvement Area and to establish for such area a Board of
Management.
2011 -71 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Parking Prohibited, Standing Prohibited,
Designated Lanes)
2011 -72 A by -law to authorize the execution of a Standard Crossing Reconstruction
Agreement with Canadian National Railway Company, and The Corporation
of the City of Niagara Falls, respecting the reconstruction of Kalar Road over
a portion of Canadian National Railway Company's railway track at mileage
27. 60 on the Stamford Subdivision.
2011 -73 A by -law to authorize the execution of a Standard Unfunded Crossing
Warning System Modification Agreement with Canadian National Railway
Company, and The Corporation of the City of Niagara Falls, respecting the
modification of an existing crossing warning system at the crossing of Kalar
Road over a portion of Canadian National Railway Company's railway track
at mileage 27. 60 on the Stamford Subdivision.
2011 -74 A by -law to authorize the execution of an Agreement with Warren Woods
Land Corporation (Robert O'Dell) respecting Warren Woods Subdivision
Phase 1 and 2.
2011 -75 A by -law to authorize the execution of an Agreement with Sinking Ship
Entertainment Productions Inc. respecting the Location Agreement for play
ground "Giver" program at Crimson Park.
2011 -76 A by -law to authorize the payment of $29,266,201.56 for General Purposes.
2011 -77 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 30` day of May, 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
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NEW BUSINESS
City Playground Equipment
ORDERED on the motion of Councillor Gate, seconded by Councillor loannoni that
staff report back on safety issues at Preakness and other City Parks.
Carried Unanimously
* * * **
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the meeting be adjourned at 9:00 p.m.
Carried Unanimously
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DEAN IORFIDA ITY LERK JAMES M. DIODATI, MA OR