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2012/06/26COMMITTEE OF THE WHOLE AGENDA SEVENTH MEETING Tuesday, June 26, 2012 5:15 p.m. City Hall, Committee Room #2A & B 1) Approval of the June 12, 2012, Committee of the Whole minutes. 2) REPORTS: STAFF CONTACT: a) L- 2012 -12 Swimming Pool By -law Amendment Ken Beaman b) CD- 2012 -07 Refreshment Vehicles Dean Iorfida 3) NEW BUSINESS: 4) ADJOURNMENT: IN- CAMERA SESSION a) Resolution to go into Closed Meeting. MINUTES OF COMMITTEE OF THE WHOLE Tuesday, June 12, 2012 Committee Room 2, 5:45 P.M. All members of Council were present. Councillor Pietraneglo arrived after approval of the minutes. Councillor loannoni chaired the meeting. 1) MINUTES: a) MOVED on the motion of Councillor Morocco, seconded by Councillor Mayes that the minutes of the May 29, 2012 Committee of the Whole meeting be approved. Motion: Carried Action: Recommendation submitted to Council June 12th, 2012. b) MOVED on the motion of Councillor Gates, secoded by Councillor Thomson that the issue of sound mitigation for the southern Portage Road speed hump be referred to staff. Motion: Carried Action: Recommendation submitted to Council June 12th, 2012. Councillor Pietrangelo arrived. 2) REPORTS: a) CD- 2012 -06 Requests Related to the Niagara Falls Armoury Daniel Rodrique, Niagara Veterans Association (NVA), outlined that his organization would like to occupy the former Niagara Falls Armoury. He outlined the various grous and partners that would be involved. Bob Foley spoke to the history of the Niagara Military Museum (NMM) proposal and felt there was no opportunity for the two groups to coexist. Gary Beck, on behalf of the Niagara Military Museum, expressed his frustration related to use of the Armoury. MOVED on the motion of Mayor Diodati, seconded by Councillor Kerrio that: Council adhere to its 2010 decision requiring a review of the long term viability of the Niagara Military Museum (NMM) at the end of their lease (March 31, 2013); and That the unsolicited proposal by the Niagara Veterans Association (NVA) be received by Council; and That staff work with the two organizations to come up with an amicable arrangement. -2- Motion: CARRIED Opposed: Councillor Thomson Action: Recommendation submitted to Council, June 12th, 2012. 3) NEW BUSINESS: a) MOVED on the motion of Councillor Wing, seconded by Councillor Thomson that Council support the Main and Ferry BIA sign request to the Region. Motion: CARRIED Action: Recommendation submitted to Council, June 12th, 2012. 4) ADJOURNMENT: MOVED on the motion of Councillor Wing, seconded by Councillor Thomson that the meeting be adjourned at 6:35. Motion: CARRIED NiagaraJalls REPORT TO: SUBMITTED BY: SUBJECT: Councillor Victor Pietrangelo, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario Legal Services L- 2012 -12 Swimming Pool By -law Amendment Our File No. 2011 -138 L- 2012 -12 June 26, 2012 RECOMMENDATION That in the event that Council determines such a by -law is necessary and in the public interest, the Swimming Pool By -law be amended to require that drainage of swimming pools be confined to the lot of the owner of the swimming pool; and that staff come back with the proposed amendments to the Swimming Pool By -law EXECUTIVE SUMMARY In response to a complaint from a constituent, Council has asked that the Swimming Pool By -law be amended in such a way as to require that drainage from a swimming pool be confined to the lot of the owner of the pool that is being drained. It is within the powers of Council to enact such a by -law. BACKGROUND At the Council meeting of May 16, 2011, Council directed Staff to "look into a letter submitted regarding pool drainage and report back to Council." ANALYSIS The writer of the letter that Council received objected to what he considered to be the invasion of his property by his neighbour's efforts to drain his swimming pool. Rather than pursue legal remedies at his own expense, the complainant has asked the City to enact the by -law to cause the actions of his neighbour to become an offence and, in turn, for City Staff to remedy the situation he objects to. Since receiving that letter, Staff have received a similar complaint from a resident who does not appear to be in any way connected with the original correspondent. The second correspondent also objected to having water invade his property during the course of his neighbour draining his pool. It is within Council's authority to enact such a by -law. There are such by -laws in some other municipalities. The by -law that will be prepared for Council's consideration will require a person draining a swimming pool to take measures to ensure that the water being drained remains on the property of the pool owner. No method of disposal is prescribed. It is anticipated that a June 26, 2012 - 2 - L- 2012 -12 favoured method will involve a type of hose. The by -law will also specify that the pool owner must follow Ministry of the Environment guidelines for the disposal of pool water. The by -law will also include wording to address the matter of doors which lead directly from a dwelling to the pool. Council may recall a presentation some years ago, during which the presenter urged Council to enact such regulation. Enforcement Staff were of the view, and still are of the view, that the existing wording of the by -law extended to apply to such doors. However, seeing as the by -law will be coming before Council in any event, it would seem to be appropriate to make the by -law absolutely clear on this point. LEGAL IMPLICATIONS The proposed by -law is within the legislative authority of a municipality. CITY'S STRATEGIC COMMITMENT The proposed by -law will provide Staff with a tool which could lead to an improved life experience for Niagara Falls property owners. ATTACHMENTS Letter dated May 6, 2011 addressed to Mr. Victor Pietrangelo from Leonard Mather Letter dated June 8, 2012 addressed to Dean lorfida from Allan and Maureen Webster Recommended by: Respectfully submitted: KB Attachments Ken Beaman, City Solicitor Ken Todd, Chief Administrative Officer Wirtt4INil Friday, May 6th., 2011 Mr. Victor Pietrangelo, Alderman, City of Niagara Falls, 4310 Queen Street, Niagara Falls, Ontario. L3C 1R9 Dear Mr. Pietrangelo: Subject: Draining of Backyard Swimming Pools 2 g )1 I in ad 4.4.Aff Relating to above subject and following a visit to By -Law and Records Department and Engineering Department at City Hall, I learned that there is no By- Law on record that prohibits homeowners from draining their backyard pools into, or onto, adjoining neighbouring properties in the City of Niagara Falls. This I find rather disturbing since it places the onus on neighbouring property owners to take civil action against the inconsiderate neighbour in order to resolve the problem and this can only lead to a financial burden for the innocent property owner and there is no telling how long and what the costs would be as it gets due process through the Courts of Law. A case in point. In the Spring of 2010, I approached the homeowner at 6145 Belaire Ave., and told her that the water being drained from her backyard pool was flowing over two pieces of property and settling in one corner of my backyard suggesting to her that to resolve the problem, she should run the drain hose out to the curb in front of her home at 6145 Belaire Ave., which would take the water to the nearest sewer. She apologized and assured me that it wouldn't happen again. Fast forward to April 2011. Again, the neighbour in question began draining her pool the result of which was the same as last Spring, water running across two pieces of property and settling in one corner of my backyard and that of my two neighbours, one behind and one next to my property. I approached the delinquent homeowner again and was immediately interrupted by a very belligerent male occupant who suggested that I return to my home and call the police. On Tuesday, May 31"1 ., 2011, I visited the By -Law and Record Department and spoke with Anna Morocco who advised me that there was no By -Law on record relating to "Draining of Backyard Pools" in the City of Niagara Falls. While I was -2- with Ms. Morocco, she turned me over to a gentleman, who I think she said was her Manager, and he took me up to the Engineering Dept. where he and I met with a member of Staff who confirmed what Ms. Morocco had told me earlier. Since there is no By -Law on record relating to "Draining of Backyard Pools" in the City of Niagara Falls, perhaps it would be in the interest of all property owners to be aware of their responsibilities should they have, or intend to have a pool installed in their backyards, and in this regard, perhaps it would be of interest to the general public if this subject was placed on the Agenda for discussion at the next Council Meeting with a view to establishing a By -Law in this regard. Yours truly, Leonard Mather, 6164 Kalar Road, Niagara Falls, Ont. L2H 1T3 Tel: 905- 356 -8237 6364 Pinestone Road Niagara Falls, Ontario L2J 4L1 June 08, 2012 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Dean lorfida, City Clerk Re: By -Law 83 -254 — Rainwater, Leaders and Downspouts The purpose of this letter is to request an amendment /addition to the above by -law. As suggested by Clerk's Department staff the following information outlines the reasons for our request. On July 31, 2010 we took possession of a newly built townhome in the north end of Niagara Falls. We understand the land was formally a sand quarry. Our backyard consists of a stoned patio area, an armour stone retaining wall and then a steep slope up to the rear lot line. Shortly after moving in we observed water cascading down the hill, over the armour stone onto our patio area. On investigation we saw the neigbouring property, whose rear abuts our rear, had threaded a hose through the chainlink fence onto our property and were backflushing their swimming pool. Despite bringing this to their attention, they continued this practice and caused significant erosion on the hill, not to mention pool chemicals, sand and soil depositing in our backyard. We contacted By -law department at City Hall only to find out no by -law existed to address this situation. We also spoke with Engineering staff because of the erosion and on October 6, 2010 Doug Evans from Engineering visited our home to assess the damage. He took photographs and agreed the pool runoff should be redirected, however, as there was no by -law to address swimming pool drainage it would be considered a civil matter. We then spoke with staff at the Niagara Escarpment Commission, Niagara Peninsula Conservation Authority and the Ministry of the Environment all of whom confirmed they had no jurisdiction over such matters. As a last resort we arranged for a lawyer to send written notice to the property owner. We are sure other residents of Niagara Falls have had similar situations and feel strongly that regulations with respect to swimming pool drainage should be addressed in By -law 83 -254. We ask that our request be considered by Council and that your office keep us informed as to the outcome. Yours truly, �fVa�s� /2 Grce6tiru. Allan and Maureen Webster (Telephone: 289 -296 -2650) CD- 2012 -07 Niagaraaalls March 31, 2011 REPORT TO: Councillor Victor Pietrangelo, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2012 -07 Refreshment Vehicles RECOMMENDATION That Committee recommend to Council that they deny the application to locate two (2) refreshment vehicles at 5943 Stanley Avenue; and That Committee recommend to Council that it continue the practice, as per CD -2011- 12, to allow existing licensed restaurants to be allowed to have a Refreshment Vehicle on their premises; and That the local B.I.A.'s be canvassed on proposed changes to the section of the Licensing By -law for 2013. EXECUTIVE SUMMARY The City's Business Licensing By -law (2001 -31) allows for a licence for a Refreshment Vehicle. The schedule of the by -law does not explicitly contemplate multiple refreshment vehicles on one property. Staff currently has an application for a second vehicle at 5943 Stanley Avenue. Food trucks are currently a popular trend, especially in the United States. Local municipalities have been requested to liberalize their provisions to capitalize on this trend. Traditionally, municipalities have put distance separations between refreshment vehicles and restaurants, to protect the "bricks and mortar" businesses. Some municipalities, like Niagara Falls, have not allowed refreshment vehicles on public property or roads. Staff is receptive to making changes to the provisions if there is a proposal and buy -in from an applicable B.I.A. With regard to the application at hand, in light of opposition by the neighbouring property owner, staff is not recommending approval of the current application. BACKGROUND The City's Business Licensing By -law (2001 -31) allows for a licence for a Refreshment Vehicle. A refreshment vehicle is defined as any vehicle (truck, cart, barbeques) from which canteen services are provided or from which sandwiches confections, candies, red hots, hot dogs, hamburgers, potato chips, french fried potatoes, soft drinks, popcorn, peanuts, ice cream, tea, coffee, cocoa or any other prepared foods, lunches or meals are sold for consumption by the public. June 26, 2012 - 2 - CD- 2012 -07 Contained in the schedule for Refreshment Vehicles is a prohibition against a refreshment vehicle being parked or selling its product within 200 feet of a licensed restaurant. There are no separation distances between refreshment vehicles in the schedule. As a result, there are examples within the City of refreshment vehicles on adjacent properties or across the street from one another. The schedule is not explicit as to more than one refreshment vehicle on the same property. The Clerks Department has received an application for a second refreshment vehicle at 5943 Stanley Avenue (just south of Ferry and Stanley Avenue, between the Diplomat Inn and the Dairy Queen). The schedule does allow Council to regulate the number of refreshment vehicles "from time to time as it considers expedient." There are approximately 45 refreshment vehicles licensed annually in Niagara Falls. ANALYSIS /RATIONALE An application for a refreshment vehicle at 5943 Stanley Avenue was recently approved. Sal's Chip Wagon currently operates on the property. A second application has been received for the property, from another operator, for Grouchy's Original BBQ, which would provide barbecued smoke meats. The second applicant envisions a "food court" setting of refreshment vehicles on the property, should approval be received for additional refreshment vehicles on the property. The Schedule of the Licensing By -law does not explicitly forbid more than one refreshment vehicle on a single property. It does, however, have separation distances from licensed restaurants and does contemplate Council limiting numbers of refreshment vehicles from time to time. The separation distances from restaurants are common in such municipal by- laws. The rationale is that a bricks and mortar business should have some protection from a low overhead refreshment vehicle that may impact on the restaurant's business. Refreshment vehicles or food trucks, as they are commonly referred to have recently become a popular trend. From Wikipedia: Due to an apparent combination of economic and technological factors combined with "street food" being "hip" or "chic" there has been a rise in food trucks in the United States in recent years. Food trucks today are not only sought out for their affordability but as well for their nostalgia. Tracking food trucks has become much less difficult. With the help of social media groups like Facebook and Twitter, a person can find where their favorite gourmet truck will be at any moment and get up to the minute updates on specials, new menu items and location changes. In fact, it could be argued that these social media outlets were the biggest contributing factor to the success of the gourmet food truck. The food truck phenomenon has gained national attention and can now be seen regularly on television with shows such as Eat Street. As a result of this trend, there has been a demand for municipalities to liberalize their food truck provisions. St. Catharines recently added additional on -road licensed spots in their Downtown. Thorold and Hamilton recently rejected changes to their provisions. Niagara Falls has never permitted on- street Refreshment Vehicles, with the exception of Jake's, which has some legal non - conforming status. On- street vehicles have likely not been allowed because of traffic concerns and removal of prime on- street parking spots. Currently, refreshment vehicles are restricted to private property. June 26, 2012 - 3 - CD- 2012 -07 Staff is open to changes to the schedule. Last year, Council approved CD- 2011 -12, which allowed existing restaurants to have a refreshment vehicle on their property. Although only a few restaurants availed themselves of this option, staff feels that the practice should be continued. Staff is open to considering possible on- street vehicles, multiple vehicles on one property and even rotating vehicles, however, feel that any changes should be proposed by area B.I.A.'s, who can determine whether refreshment vehicles would be beneficial to their business improvement area. Downtown, for example, with the new sidewalk design could be ideal for additional refreshment vehicles. With regard to the application at hand, staff solicited opinion from the owner of the nearest, affected licensed restaurant. He is tolerant of the existing refreshment vehicle but would not be as accepting of multiple vehicles on the property. He feels that multiple vehicles would be aesthetically unappealing to the area. Although the vehicles may not sell the exact same food products, his business would be detrimentally affected. These are typical arguments against the proliferation of refreshment vehicles. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The schedule of the Licensing Bylaw on refreshment vehicles does not explicitly forbid two refreshment vehicles on the same property, however, there is language that gives Council authority to limit numbers. The Licensing By -law does allow for appeals to decisions by the Issuer of Licences. Although the writer has not refused the licence, Council's decision on this matter can be viewed as a hearing under the Licensing By -law. The applicant will be advised of his opportunity to speak before Council. If the applicant is refused, he could seek another property that is in compliance with the by -law. CITY'S STRATEGIC COMMITMENT Review corporate policies and practices to encourage support of local businesses LIST OF ATTACHMENTS • Schedule 24 of Licensing By -law, Refreshment Vehicles ► Grouchy's Original BBQ application ► St. Catharines Standard article Recommended by: Dean Iorfidal; City Cler Respectfully submitted: 1 p Y Ken Todd, Chief Administrative Officer ir DI (6/20/2012) Dean Iorfida - Refreshment Vehicles By- Iaw.pdf Page 1 -72_ REFRESHMENT VEHICLES Schedule 24 to By -law No. 2001 -31 Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended 1. In this Schedule "refreshment vehicle" shall include any vehicle (truck, cart, barbeque) from which canteen services are provided, or from which sandwiches, confections, candies, red hots, hot dogs, hamburgers, potato chips, french fried potatoes, soft drinks, popcorn, peanuts, ice - cream, tea, coffee, cocoa or any other prepared foods, lunches or meals are sold for consumption by the public. 2. Every person who operates a motorized refreshment vehicle in the Municipality shall obtain a licence and pay an annual licence fee in accordance with Schedule 1 to this By -law. A separate licence and Licence fee shall be required for each vehicle licensed as a motorized refreshment vehicle if more than one such vehicle is operated by any one owner. 3. Every person who operates a non - motorized refreshment vehicle in the Municipality shall obtain a licence pay an annual licence fee in accordance with Schedule 1 to this By -law. A separate licence and licence fee shall be required for each vehicle licensed as a non - motorized refreshment vehicle if more than one such vehicle is operated by any one owner. 4. An applicant for a licence shall file his application therefor with the Clerk and shall file therewith the written permission of the owner of that property to the applicant for the use of the property where he intends to operate his business, a clear photograph of the vehicle, approvals from Medical Officer of Health, Fire Inspector, Building Department and Ministry of Energy or suitable inspection authority for propane connections. 5. Every applicant for a licence shall submit a site plan, showing proposed location of the vehicle in relation to the property line, distance from buildings to the satisfaction of the Zoning Administrator. 6. This By -law shall not apply to the delivery vehicles operated in connection with a dairy business, a grocery business, a bakery business, or a soft drink business, when used for the delivery of their own products in the normal and usual state of such products, but a licence shall be required if prepared foods, refreshments, lunches or meals are served from such vehicles. 7. No person licensed under the provisions of this Schedule shall permit a refreshment vehicle to be parked within 200 feet of an establishment having a restaurant licence from the Municipality, and no person shall sell or deliver from a refreshment vehicle or solicit orders for food from a refreshment vehicle within 200 feet from an establishment having a restaurant licence from the Municipality. 8. No person licensed under this Schedule shall carry on his business on property owned by the Municipality unless participating in an event for which a Road Use Special Events Policy (6/20/2012) Dean Iorfida - Refreshment Vehicles By- law.pdf -73- Permit has been obtained from Council. 9. No person shall be issued a licence for a refreshment vehicle unless the person proposes to operate the refreshment vehicle within the following zoning designations as provided for by By -Law No. 79 -200, as amended: (1) Neighbourhood Commercial (NC); (2) General Commercial (GC); (3) Planned Shopping Centre Commercial (SC); (4) Central Business Commercial (CB); (5) Tourist Commercial (TC); (6) Automobile Service Station & Gasoline Bar Zone (AS); (7) Prestige Industrial Zone (PI); (8) Light Industrial Zone (LI); (9) General Industrial Zone (GI); (10) Heavy Industrial Zone (HI); (11) Transportation Distribution Industrial Zone (TDI); or (12) Extractive Industrial Zone (EI). 10. The Council may, by resolution, regulate the number of licences to be issued to operators or refreshment vehicles from time to time as it considers expedient. 11. Commercial cooking that produces grease laden vapours and smoke must be protected in accordance with N.F.P.A. #96 (National Fire Protection Association) - "Standard for the Removal of Grease Laden Vapours and Smoke from Commercial Cooking Equipment ", as required by the Ontario Building Code and Ontario Fire Code, and: (1) All new refreshment vehicles must comply with N.F.P.A. #96 - "Standard for the Removal of Grease Laden Vapours and Smoke from Commercial Cooking Equipment" before a licence is issued; (2) All existing refreshment vehicles must comply with N.F.P.A. #96 - "Standard for the Removal ofGrease Laden Vapours and Smoke from Commercial Cooking Equipment ", within three (3) years from the passage of this By -Law. Page 2 (6/20/2012) Dean lorfida - Refreshment Vehicles By- law.pdf -74- 12. Refreshment vehicles intending to be connected to the Municipality's electrical system shall be inspected by Ontario Hydro, for compliance with the Electrical Safety Code, and shall provide the Inspection Certificate from Ontario Hydro to the Clerk to be filed with the application for licence. APPLICATION FOR LICENCE To Operate A RefreshmentVeilicle I hereby agree to observe and comply with all requirements of By -law 2001 -31 and any amendments made thereto, which pertain to the Licence for which I have made an application and to operate and conduct business in accordance with all respective statutes. NOTE: Additional Development/Permit Fees may be applicable. (ie. Sign, Plumbing, Building). Applicant's signature: Date: Application No.: Fire Department Approval: Health Department Approval: Zoning Approved by: (See Reverse) Application Approved By: Licence No.: -4. Date: 1 Date: Date: Date Issued: J. Gourmet food truck vendor chomping at bit Local News $tealTheDeal St. Catharines Standard Page 1 of 4 52,500 IN GAS CARDS THIS SUMMER Stamford +caring Clinic Hearing is Ha ppities.s w .. NEWS LOCAL ENTER NOW Gourmet food truck vendor chomping at bit to get started By Marlene Bergsma. The Standard Tuesday, May 29, 2012 10:05:20 EDT PM The soonest St. Catharines residents will see the city's first gourmet food truck on the streets is next week, said Tamara Jensen of el Gastronomo Vagabundo. Jensen, who operates the truck with her chef husband, Adam Hynam- Smith, said the couple spent the first day after their St. Catharines council victory prepping for a big bash in Toronto Wednesday night. That's when they'll be parked outside The Cookbook Store on Yonge St., but serving their signature cuisine at an in -store event to celebrate the airing of their television appearance on The Food Network's Eat St. show. The episode was shot in October at a Lake St. parking spot next to Montebello Park, with Jensen and Hynam -Smith getting special one -time permission from the city to park and serve. But that's the location to which Jensen said she hopes they'll be able to return when they apply for one of the two new downtown vending licences councillors approved this week. (`nnnril ,Ien onreeri to relw fhe r Ileac nn ,crninn mnhile fnnri wcirtrinre rintnmtnAnm nrnntin■ httn: / /wwtiv. stcatharinesstandard .ca /2012 /05/29 /gourmet- food - truck - vendor- chomnina- at -b... 6/20/2012 Gourmet food truck vendor chomping at bit l Local News l St. Catharines Standard Page 2 of 4 permission to food carts and trucks to set up within 40 metres of up to three bricks - and -mortar restaurants or cafes. Locations must be approved by the downtown association. But councillors also signalled their intention to move speedily on the issue, telling staff they don't want to wait for the bylaw to be formally crafted and approved before food trucks are rolling here. Jensen said she expects she'll be able to get a temporary licence as soon as next week. They will be working on the city's paperwork, including criminal record checks, before heading to Toronto Wednesday, she said. Meanwhile, the couple spent Tuesday in their Ridley Rd. driveway where the truck was parked, working in the truck kitchen to prep for Wednesday night's television party. The episode will be shown on a screen in The Cookbook Store, and Jensen and Hynam- Smith wit be serving three appetizers: dukkah- crumbed pickled Iamb's tongue with chili mint relish and shaved fennel. tempura cod and pineapple with habanero hot sauce, coconut cream and coriander, and white anchovy, tomato and palm heart skewers. In addition to increasing the number of downtown licences, councillors also asked this week for a follow -up report on the possibility of granting roving licences. Currently, vending licences are attached to specific locations, but el Gastronomo Vagabundo wants to be able to move from place to place, parking and serving on public property. Earlier this month, both Thorold and Hamilton city councils voted against food trucks. St. Catharines' vote in favour means this city wins the Ontario race, said Jensen, "and it really has been a race." The Eat St. episode airs Wednesday at 10:30 p.m. on the Food Network, but Jensen said it will also be available later on the network's website. Reader's comments » If you already have an account on this newspaper, you can login to the newspaper to add your comments. By adding a comment on the site, you accept our terms and conditions and our netiquette rules. Real -time updating is enabled. Comments for this page are closed. Showing 10 of 14 comments passingby passingby ISort by newest first J Good luck to these Guys. I just can't see the need or the demand in Downtown St. Catharines? You can't compare St. Catharines to Toronto when it comes to demand for easy, quick food but to each their own. The only similarity is that Toronto is a Ghost town after 5 also. I still wonder about proper hand washing and personal hygeine. Using gels /wipes help but does not replace washing with antibacterial soap. 3 weeks ago lt Flag Like httn://www stcatharinesstandard .ca /2012 /05 /29 / uourmet- food - truck - vendor- chomoin>?- at -b... 6/20/20 12 The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on June 26, 2012 Niagara Falls Council will go into a closed meeting to consider matters that fall under the subject matter of 239(2)(e) matters before administrative tribunals and 239(2)(f), advice that is subject to solicitor- client privilege related to properties at the West Side of Willoughby Drive North of Gunning Drive and 5705 Falls Avenue and 6380 Fallsview Boulevard. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR