2012/11/27SIXTEENTH MEETING
REGULAR COUNCIL MEETING
November 27, 2012
Council met on Tuesday, November 27, 2012 at 4:00 p.m. for an In Camera
session. All members of Council, except Councillor Maves, were present.
NO. 34 - MOROCCO - PIETRANGELO THEREFORE BE IT RESOLVED THAT on
November 27, 2012 Niagara Falls Council will go into a closed meeting to consider matters
that fall under the subject matter of 239(2)(d) labour relations.
Following consideration of the items presented, the In Camera Session did not rise and
report in open session.
Council met for the purpose of considering Budget Matters in Council Chambers at
5:15 p.m. followed by the Regular Business matters at 7:00 p.m. Councillor loannoni
offered the Opening Prayer. All members of Council, except Councillor Maves, were
present at the start of the meeting. Councillor Maves arrived later.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the minutes be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Wing indicated a pecuniary interest to any matters from the November
13th Council meeting related or having an impact on the Lundy's Lane Battlefield, as she
is the project lead and an indirect pecuniary interest to cheque number 359106, made
payable to her husband's employer, Winter Festival of Lights.
Councillor Morocco indicated an indirect pecuniary interest to cheque number
358597, made payable to her spouse.
Councillor loannoni indicated an indirect pecuniary interest to cheque number
358574, made payable to her spouse.
Councillor Pietrangelo indicated pecuniary interests to three cheques made to the
Niagara Catholic District School Board, his employer.
Mayor Diodati indicated a pecuniary interest to cheque number 358930, made
payable to himself.
BUDGET
Councillor Pietrangelo chaired the Budget meeting, 5:20 p.m.
The Fire Chief and the Directors of Transportation Services and Human Resources
provided an overview of their respective budgets.
Councillor Maves arrived at 6:10 p.m.
Mayor Diodati returned to the Chair.
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November 27, 2012
PRESENTATIONS
ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that
the Niagara College representatives be allowed to present.
Carried Unanimously
Net Zero
Karl Dockstader and Trevor Bentley, Niagara College students, made a brief
presentation on an energy project they are proposing related to municipal facilities in
Chippawa.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the matter be referred to staff.
Carried Unanimously
REPORTS
1 MW- 2012 -57 - Winter Maintenance Program
The report recommends that the proposed changes to the Winter Maintenance
Policy outlined in this report be approved.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the City approach the Downtown BIA to cover the costs for enhanced snow removal
services in the Downtown.
Carried Unanimously
ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni
that the report be approved as recommended.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to the family of Thomas Shapton, a retired
Fire Services employee, who passed away and to Paul Brown, a city employee, on the
passing of his father Joe Futino.
Mayor Diodati advised of some recent events: Sleep Cheap, the Grey Cup visit in
commemoration of the 100th anniversary, the Mojito House opening, the annual Santa
Claus Parade, Niagara Concerts, CYTEC Candy Cane Lane 5K, 32 "d Annual Volunteer
Recognition at Club Italia, Early Years Reading event, Optimist Youth Appreciation Awards
Night,l2th Annual Festa Italia, 50th Anniversary Celebration RBC Royal Bank Portage &
O'Neil Branch and the Moustache Bash at the Riverhawks game.
Mayor Diodati advised of the upcoming events: Red Bull Crashed Ice, Toys for
Tickets, Lyndesfarne Theatre Project staging of "It's a Wonderful Life" and New Years Eve
2013 with Nelly Furtado, Hedley & Dragonette, Nick Roma Pasta Dinner, the opening of
Once Upon a Child, the opening of Designer Delights Cupcakes, the opening of Audrey &
Co. Hair & Aesthetics , the 2012 Firefighter Recruit Graduation and the Lions Club
Christmas Tree.
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November 27, 2012
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 Epilepsy Awareness - Place link on City's website.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the request be approved.
Carried Unanimously
2. Requests from the Chippawa Public Dock Committee - requesting the provision
of on -site support facilities for the polar bear dip and that staff be directed to
prepare concept drawings for the boat ramp west dock.
RECOMMENDATION: Request # 1 for the Consideration of Council and Request
# 2 - Refer to staff
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that request # 1 be approved.
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that request #2 be referred to staff.
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- 2012 -53 - Cancellation, Reduction or Refund or Taxes. The report recommends that
Council approve the cancellation, reduction or refund of taxes on the various accounts per
the attached summary and granted to the property owners listed.
F- 2012 -54 - Monthly Tax Receivables Report. The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
F- 2012 -56 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $31,816,371.65 for the period
October 4, 2012 to November 7, 2012.
L- 2012 -23 - Grant of Easement by Infrastructure Ontario. The report recommends that
Council direct Staff to advise Infrastructure Ontario that the City of Niagara Falls has no
objection to Infrastructure Ontario granting an Easement to Fallsview Golf Inc., operating
as Thundering Waters Golf Club, and Niagara South Vacant Land Condominium
Corporation No. 118, operating as Thundering Waters Village Condominium.
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November 27, 2012
MW- 2012 -61 - Request for Tender RFT -11 -2012, Tandem Truck All Season
Combination. The report recommends the following:
1. That Request for Tender RFT11 -2012 for the purchase of one (1) latest model
Truck, Cab and Chassis with dump body /spreader all season combination U body
equipped with power operated snowplow and wing be awarded to St. Catharines
Truck and Tractor Repair Company Ltd. of St. Catharines, Ontario in the amount of
200,814.29 (plus tax).
2. That staff be authorized to sign the necessary purchase order and related
documents associated with this purchase.
PD- 2012 -71 - Solar Panel Rooftop Projects. The report recommends the following:
1. That Council adopt the resolution for the small FIT solar panel project at 4700
Montrose Road.
2. That Council adopt a resolution for the small FIT solar panel project at 12574
Montrose Road.
TS- 2012 -39 - Downtown BIA Request for 2 -hour On- street Free parking in December.
The report recommends that two -hour free parking at on- street parking meters and on-
street pay and display machines, in the Downtown Core, only, during the Month of
December, be approved.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
CAO- 2012 -03 - Updates to Niagara District Airport Funding Agreement. The report
recommends the following:
1) That Council approve the changes to the Joint Municipal Services Board Agreement
governing the maintenance and operation of the Niagara District Airport,
2) That Council approve the updated the Agreement with the City of St. Catharines
and the Town of Niagara -on- the -Lake, and
3) That the City Solicitor be directed to prepare the necessary By -law.
ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo
that Reudi Suter, Niagara Falls representative on the Airport Commission be permitted to
speak.
Carried Unanimously
Reudi Suter gave his perspective on the hangar issue and the benefits accrued to
the airport. He felt that the terminology that the Airport Liaison Committee give direction
to the Commission had a much different meaning than the Liaison Committee giving
advice.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that the agreement as presented be approved with an amendment to clause
3 of the agreement, changing the wording from direction to advice.
with Councillor Thomson opposed.
BY -LAWS
Motion Carried
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the by -laws be given a first reading.
Motion Carried
with Councillor Wing and Councillor Gates opposed to 2012 -126.
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November 27, 2012
2012 -126 A by -law to provide for the adoption of Amendment No. 107 to the City of
Niagara Falls Official Plan. (OPA No. 107)
2012 -127 A by -law to provide for the adoption of Amendment No. 108 to the City of
Niagara Falls Official Plan. (OPA No. 108)
2012 -128 A by -law to amend By -law No. 395, 1966, to provide regulations to guide the
development of the Miller Road Estates (South) plan of subdivision on the
Lands. (AM- 15/2001)
2012 -129 Being a By -law to amend By -law 89 -155 and adopt a Schedule of Meetings.
2012 -130 A by -law to authorize the payment of $31,816,371.65 for General Purposes.
2012 -131 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 27th day of November, 2012.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by -laws be given a second and third reading.
with Councillor Wing Councillor Gates opposed to 2012 -126.
Motion Carried
NEW BUSINESS
Tent Charges
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that a report come back on "tent" charges under the Cemetery Services
Operations.
Carried Unanimously
Generic Oxycodone
ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that
Council send a letter to the Federal government, copied to the area municipalities,
opposed to the Health Canada approval of generic oxycodone.
Motion Carried
with Councillors Maves and Kerrio opposed.
ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that
the meeting be adjourned at 9:30 p.m.
DEAN IORFIDA, CITY CLERK
Carried Unanimously
JAMES M. DIODATI, MAYOR