2013/03/26FIFTH MEETING
REGULAR COUNCIL MEETING
March 26, 2013
Council met on Tuesday, March 26, 2013 at 4:00 p.m. for an In Camera session.
All members of Council were present.
NO. 14 - MAVES - MOROCCO - THEREFORE BE IT RESOLVED THAT on Tuesday,
March 26, 2013 Niagara Falls Council will go into a closed meeting to consider a matters
that fall under the subject matter of 239(2)(c), proposed or pending disposition of City lands
related to Part 4 on Reference Plan 59R -783, Palmer Avenue, the unopened Somerville
Road allowance between Niagara River Parkway and Willoughby Drive and 6681 Culp
Street and a proposed pending acquisition by the municipality related to lands between
Fourth Avenue and Stanley Avenue. Council will also consider a matter a matter that falls
under the subject matter of 239(2)(d), labour relations.
Carried Unanimously
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
Council met for the purpose of considering Budget Matters in Council Chambers at
6:10 p.m. followed by the Regular Business matters at 7:00 p.m. Mayor Diodati offered the
Opening Prayer. All members of Council were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the minutes be approved, as amended.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Mayor Diodati indicated a pecuniary interest to cheque no. 361851, made payable
to himself.
Councillor Morocco indicated an indirect pecuniary interest to cheque no. 361898,
made payable to her spouse.
Councillor Wing declared a pecuniary interest on the operating budget.
Councillor Pietrangelo Chaired the Budget meeting
BUDGET/ PARKING MATTERS 5:00 - 7:00 P.M.
The Director of Finance made a presentation to Council and provided an overview
on the 2013 Municipal Utility Budget.
Ed Bielawski, provided a presentation to Council on his belief of inequities in the
system and his belief that the residential sector is subsidizing large commercial users.
Bert Danby, a recent resident who relocated from Toronto, felt that the rates in
Niagara Falls were too high.
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1 F- 2013 -23 - 2013 Municipal Utility Budget
The report recommends:
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Council Minutes
1. That Council approve the City's 2013 Municipal Utility Budgets and the
water and sewer rates for 2013.
2. That the City formally notify Niagara Peninsula Energy Inc. of its intention
to return responsibility for water billing to the City, effective January 1,
2014.
ORDERED on the motion of Mayor Diodati, seconded by Councillor Wing that the
report be approved.
Motion Carried
with Councillor loannoni and Gates opposed.
2. The Director of Finance provided an update on the Operating Budget.
ORDERED on the motion of Mayor Diodati, seconded by Councillor Thomson that
the Operating Budget be passed.
Motion Carried
with Councillor loannoni, Kerrio and Morocco opposed and Councillor Wing declaring a
conflict.
Councillor Pietrangelo stepped down as Chair, 8:05 p.m.
PLANNING MATTERS 7:00 P.M.
Public Meeting
PBD- 2013 -001, City- initiated Update to the Sign By -law
The report recommends that Council approve the City- initiated updated Sign By-
law.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the report be deferred.
Carried Unanimously
REPORTS
City Building Use and Condition Assessment
Ken Todd, Chief Administrative Officer made a presentation to Council outlining
the status of various City -owned buildings, some of which have third parties present.
Garry Beck, Niagara Military Museum, outlined the success of the facility since
opening in November. He reiterated his group's request for a five year lease and to occupy
the entire building. He is hopeful the lease will allow for application to Trillium and other
funding organizations.
ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo
that staff be directed to prepare a 5 -year lease to the Niagara Military Museum for use of
the Armoury and that the Niagara Military Museum be requested to consider trying to
accommodate various cadet groups.
Carried Unanimously
Rhonda Coleman and Don Ede, on behalf of the Willoughby Citizens Community
Centre, gave a history of the facility and their involvement managing the building. They
asked that the building not be sold and they be allowed to continue to operate the facility.
They will continue to work with staff regarding fees to private sector renters.
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ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the Willoughby Community Centre Committee be permitted to continue to operate the
Willoughby Town Hall.
Carried Unanimously
James Heppner, Petersen's Chippawa Community Workshop, requested a lease
renewal, which had been delayed during the buildings review by staff. He indicated that
at this time the group could not afford various operating expenses.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the lease be extended with Petersen's Workshop at the old Chippawa Town
Hall.
Carried Unanimously
John Anstruther, representing the Niagara Music Theatre Society, outlined the
history of the facility and the efforts the Society has put in the building. They have worked
with staff and may be able to take on same capital costs in the future.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that Council support the Niagara Falls Musical Theatre Society and their
continued operation of the Firehall Theatre and that staff be directed to continue to work
with them.
Carried Unanimously
Richard Lindsay, representing the Navy Cadets, indicated that his group is
interested in either a long -term lease or to purchase the building at a nominal fee.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
staff be directed to work with Navy Cadets to come up with an arrangement regarding the
Navy League Building.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that staff continue to work with St. John Ambulance regarding the building and then
occupy.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that staff be directed to continue to work with St. John Ambulance regarding the
opportunity to purchase the building the operate out of for a nominal fee.
Carried Unanimously
ORDERED on the motion of Councillor Gates, seconded by Councillor Kerrio that
the remainder of the City Buildings Use and Condition Assessment report be received and
staff report back regarding other facilities.
Carried Unanimously
2. TS- 2013 -05 - Downtown BIA - Various Requests
The report recommends that Staff continue to liaise with the Downtown BIA to
continue to enhance the customer experience by ensuring that customers are aware of all
parking options when coming to Downtown.
The Director of Transportation made a power point presentation.
Phil Ritchie, Vice Chair of the BIA, and Nemanja Kuntos, General Manager of the
BIA provided a presentation on what they would like to see Downtown, primarily one -hour
free parking.
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ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that
the matter be referred to staff to work with the Downtown BIA and come back on April 23rd.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to Carmen Mignelli, a city employee, on the
passing of his father -in -law, Salvatore Vaccaro, to Simon Charnock, a city employee on the
passing of his father, John Anthony Charnock;, to Linda Kane Crocco, a city employee on
the passing of her sister Ruth Worrall, to Debra Jones, a city employee on the passing of
her mother, Irene Jones, to the family of John Miller, a member of the City of Niagara Falls
Sports Wall of Fame Committee and to the family of Jack Manella, a retired city employee,
who passed away.
Mayor Diodati advised of some recent events: Earth Hour, the Niagara Tunnel
announcement, the State of the City Address, the Southern Tier Mayors Address, the Miss
Club Italia contest, the visit by Zankaakhuu Enkhbold, the Mongolian Parliament "Speaker
of the House" and Nik Wallenda's Visionary Award from the Niagara USA Chamber.
Mayor Diodati advised of the following upcoming events: Easter, the Mayor's
Lasagna_Dinner for Development and Peace, Earth Week and the Mayor's Youth Advisory
event, a Night to End the Stigma.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Niagara District Airport Commission- Council consider filling the vacancy on
the Commission.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio to
defer appointment to the next meeting,
Motion Carried
with Councillors loannoni, Thomson and Wing opposed
2. Royal Canadian Legion Branch 51 - Request waiving of fees for road closure, May
18, 2013
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the request be approved.
Carried Unanimously
3. Redboss Pyrotechnics - Requesting fireworks displays at Great Wolf Lodge.
RECOMMENDATION: For the Approval of Council, subject to City insurance
requirements.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the request be approved, subject to City insurance requirements.
Carried Unanimously
4. Lyme Disease Awareness - Requesting that May be proclaimed "Lyme Disease
Awareness Month ".
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the request be approved.
Carried Unanimously
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5. Barber Shop Harmony Week - Requesting that April 7 -13, 2013 be proclaimed as
"Barbershop Harmony Week ".
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the request be approved.
Carried Unanimously
6. Transgender Niagara - Requesting that March 31 - April 6, 2013 be proclaimed
"Transgender Awareness Week ".
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved.
Carried Unanimously
7 Day of the Honeybee - Various requests, including that May 29th be proclaimed "Day
of the Honeybee ".
RECOMMENDATION: Council approve the proclamation request but not the request
for backyard apiaries.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo
that the proclamation request be approved.
Carried Unanimously
8. Regional Municipality of Niagara - Request for comments on the application by
Freshco, 5931 Kalar Road, for a tourism exemption for holiday openings.
RECOMMENDATION: For the approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni
that the Region be advised that Council is in support of the exemption application.
Carried Unanimously
RESOLUTIONS
NO. 17 - THOMSON - MAVES THEREFORE BE IT RESOLVED THAT:
(1) The Staff of the City of Niagara Falls shall appeal the assessments of the properties
listed in Schedule "A" as attached to this Resolution of Council; and
(2) The Staff of the City of Niagara Falls are hereby directed to take whatever action is
required to prepare, present and argue the City's case with respect to the
assessment of the properties listed in Schedule "A" as attached to this Resolution
of Council before the Assessment Review Board, including, without limiting the
generality of the foregoing, the retention of legal counsel and qualified experts in the
appraisal of real property
Carried Unanimously
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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.
CAO- 2013 -02 - Customer Service Excellence - Mid -term Progress Update - The report
is recommended for the information of Council.
F- 2013 -19 - Sleep Cheap - The report recommends that Council approve the payments to
the various recipients of this years Sleep Cheap event.
F- 2013 -21 - Monthly Tax Receivables Report -The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
F- 2013 -22 - Municipal Accounts -The report recommends that Council approve the
municipal accounts totalling $7,682,399.01 for the period January 31, 2013 to February 20,
2013.
F- 2013 -18 - Statement of Remuneration & Expenses for Members of Council &
Commissions. The report is recommended for the information of the Municipal Council.
FS- 2013 -02 - Radio System Maintenance Agreement. The report recommends the
following:
1. That Council authorize Staff to designate Glentel Inc. (Glentel) as the preferred
proponent for the maintenance of the Niagara Falls Fire Department radio system.
2. That the Mayor and Clerk be authorized to execute the contract.
FS- 2013 -03 - Automatic Aid Agreement with Niagara -on- the -Lake. The report
recommends that Council approve and authorize the Mayor and City Clerk to execute the
Automatic Aid Agreement with Niagara -on- the -Lake (NOTL) for the purposes of providing
fire protection services.
L- 2013 -13 - Release of Easements. Parts 72 and 73, Reference Plan 59R- 14518,
Deerfield Estates -Phase 9. The report recommends that two easements registered on title
to Parts 72 and 73, Reference Plan 59R -14518 ( "subject lands "), for the purpose of rear
yard catch basins, be released at no cost to the City.
MW- 2013 -09 - 2013 Winter Restoration Program. The report recommends that Council
endorse the following contractors to provide restoration services with the successful bidders
for 2013 and 2014 being;
Area #1 - North half of City
Area #2 - South half of City
Area #1 - North half of City
Area #2 - South half of City
Sod, Seed, Topsoil
Sod, Seed, Topsoil
Concrete
Concrete
Tree Amigos
Phoenix Landscaping
Gauboc Construction
Steele Contracting
MW- 2013 -10 - Chippawa Parkway Watermain Replacement Flynn Court and Cook
Street Reconstruction, Contract #2013 - 211 -08 - Tender Award. The report recommends
the following:
1. The contract be awarded to the lowest bidder, Alfidome Construction Ltd, at the
tendered price of $521,266.00.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
MW- 2013 -11 - 2013 Water Conservation Program. The report recommends that Council
approve the 2013 Water Conservation Program including the Low -flow Toilet Replacement
rebate program and the Rain Barrel program and that funding in the amount of $44,000 be
included in the 2013 Municipal Utility Budget for these programs.
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PBD- 2013 -25 - Request for Removal of Part Lot Control, Lots 1,2, 65 -69 (Inclusive),
78,79, 128 -131 (inclusive) and 140 -144 (Inclusive). Warren Woods Phase 1
Subdivision. Applicant: Armstrong Hunter and Associates. The report recommends the
following:
1. That Council approve the request and pass the by -law included in tonight's agenda
to designate Lots 1, 2, 65 -69 (inclusive), 78, 79, 128- 131(inclusive) and 140 -144
(inclusive) on Registered Plan 59M -388, as exempt from Part Lot Control for a period
of three years; and
2. That the developer be required to notify the City when the new deeds for the lots
have been registered.
PBD- 2013 -29 - Matters Arising from Municipal Heritage Committee Request to
Designate 4888 Hunter Street. The report recommends that Council direct staff to issue
a Notice of Intention to Designate for the property at 4888 Hunter Street, Niagara Falls
under Part IV of the Ontario Heritage Act, R.S.O. 1990.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the
reports on the Consent Agenda be approved as recommended.
Carried Unanimously
RATIFICATION OF" IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the recommendations from the March 26th, 2013 meeting be approved:
1. L- 2013 -14
Sale of Former Boys and Girls Club
Culp Street
That the City list the property for sale and that the method of sale be a sealed bid
auction with a reserve bid of $370,000.
Carried Unanimously
2. L- 2013 -16
Sadusek Proposed Purchase from the City
That staff be directed to continue negotiations.
Carried Unanimously
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the by -laws be given a first reading.
2013 -48
2013 -49
Carried Unanimously
A by -law to designate Lots 1,2, 65 -69 (inclusive), 78, 79, 128 -131 (inclusive)
and 140 -144 (inclusive), Registered Plan 59M -388, not be subject to part-lot
control (PLC- 2012 -005).
A by -law to amend By -law No. 2006 -205 to remove the holding symbol (H) on
part of the lands on the west side of Tallgrass Avenue, south of Saw Mill Way,
to allow development on a portion of the Chippawa West, Phase 2 Plan of
Subdivision (AM- 32/2005).
2013 -50 A by -law to authorize a Transfer, Release and Abandonment of Easement to
release easements registered as Instrument Number SN322420 over Parts
72 and 73 on Reference Plan 59R- 14518.
2013 -51 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.
2013 -52 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Metered Areas)
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2013 -53 A by -law to amend By -law No. 96 -50, being a by -law to provide for
establishing parking lots in the City of Niagara Falls, and for regulating,
supervising and governing the parking of vehicles in various municipal parking
facilities thereon and charging a fee for such parking.
2013 -54 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, Yield Signs at
Intersections).
2013 -55
2013 -56
2013 -57
A by -law to prohibit or regulate the placing or erecting of signs, notices, and
advertising devices on public and private property within the City of Niagara
Falls.
A by -law to authorize the payment of $7,682,399.01 for General Purposes.
A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 26th day of March, 2013.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by -laws be given a second and third reading.
Carried Unanimously
NEW BUSINESS
Stanley Avenue IPC
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that staff be directed to forward the following, possible option to the consultants for the
next Stanley Avenue P.I.C. (Public Information Centre):
That Stanley Avenue remain two lanes, with dedicated turning lanes incorporated at the
various nodes (side streets, the Fairview Cemetery), similar to the recent Drummond Road
reconstruction design; and
That bike lands and boulevards be incorporated into the design; and
That trees be retained on the west side of Stanley Avenue; and
That access be incorporated into the N.S.T line/ future trail.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the meeting be adjourned at 10:55 p.m.
DEAN IORFIDA
ITY CLERK
Carried Unanimously
JAMES M. DIODATI, MAYOR