2013/10/08 SEVENTEENTH MEETING
REGULAR COUNCIL MEETING
October 8, 2013
Council met on Tuesday, October 8, 2013 at 4:00 p.m. for an In Camera session.
All members of Council were present.
NO. 37 - MOROCCO- MAVES- THEREFORE BE IT RESOLVED THAT on October 8,
at 4:00 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly
scheduled meeting at 5:00 p.m. to consider matters that fall under the subject matter of
239(c)a proposed or pending acquisition or disposition of lands regarding land to the rear
of 3817 Sinnicks Avenue, 6681 Culp Street and City-owned lands in the Downtown.
Following consideration of the items presented, the In Camera Session did rise and report
in open session.
Council met for the purpose of considering Regular Business matters in Council
Chambers at 7:05 p.m. Councillor Kerrio offered the Opening Prayer. All members of
Council were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that the minutes of October 8, 2013 be approved as recorded.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
No Disclosures
PRESENTATIONS/DEPUTATIONS 7:00 P.M.
Provincial Champions
The Niagara Falls Falcons Minor Midget Baseball Team were recognized for winning
the Ontario Provincial Championships. Mayor Diodati presented the team with awards.
Scouts Canada, Niagara Area
Representatives from Scouts Canada Niagara Area were in attendance to promote
their upcoming Tag Day. Troop leader Carolyn Askeland and Scout Noah Oatley spoke
and presented Council members with apples.
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PLANNING MATTERS
Public Meeting
PBD-2013-62 - Official Plan Amendment No. 112
Value Added Agricultural Uses
Public Open House
Held on September 5, 2013
4 people attended
Comments were generally supportive with request that specific areas be reconsidered for
increased flexibility
Draft policies have been re-worded
Second request sought assurance that equestrian activities will not become a race track.
Additional comments referred to existing policies which are not being reviewed.
Planning Analysis
Intent is to provide flexibility to farmers to have small scale secondary uses that help
support the farm.
In addition to home occupations and home industries, new policies in agri-tourism and
policies for operations that produce agricultural value retention and value-added
agricultural products.
The draft policies also add equestrian activities.
VALUE RETENTION USES
Agricultural value retention is an activity needed to make the farm product market ready:
► Washing
► Sorting
► Packing and packaging
AGRI-TOURISM USES
► Education
► Enjoyment, or
► Active involvement in the operation
Value Added Uses
Value added uses add value to the agricultural product by:
► production
► marketing
► support
These uses are intended to be small in scale; conducted by the individual, family member
or corporation farming the land
The uses be permitted as of right in the City's Comprehensive Zoning By-law with
maximum limits to building size or floor areas.
An application under the Planning Act will be required for a valued added use which:
► Exceeds the maximum requirements of the Zoning By-law; or
► Have potential off-site impacts such as traffic, roads hydro usage, or servicing
needs
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Conclusion
New policies to include value added agricultural uses in conformity with the Region's Policy
Plan.
The policies recognize uses in the rural area that are related to agriculture and will help
support and strengthen the agricultural industry.
Recommendation
1 . That Council receive any comments made at the public meeting
2. That staff review these comments and address accordingly.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the recommendation report be approved accommodating the comments submitted.
Carried Unanimously
Public Meeting
PBD-2013-63 - Official Plan Five-year Review
There are several policy matters which staff have highlighted for update and review:
Retail and Commercial policies
► Policies are 20 years old
► Base on market studies which are no longer required
► Hierarchical structure ( Major, Minor, Neighbourhood) requires re-assessment
Tourist Commercial policies
► 10 years since Tourism Policy Review
► General update required
► Review of Architectural Peer Review
Aggregates
► Policies are 20 years old
► New aggregate mapping has been released by Ministry of Natural Resources
Open Space and Parkland Strategy
► To be merged into one se of policies respecting parkland
► Re-assess policies to be up to date
Secondary Planning
► Thundering Waters
► Chippawa
Conclusion
The City is required under the Planning Act to hold a public meeting once every five years
to receive comments and suggestions for updates to the Official Plan.
Recommendation:
That Council receive the comments made at the public meeting.
The Public Meeting was Closed
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ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes
that the comments be referred to staff.
Carried Unanimously
REPORTS
1. TS-2013-40, Conventional Transit Routing and Scheduling Revitalization
Action Plan
The report recommends:
1) That the Conventional Transit Routing and Scheduling Revitalization Action Plan be
received for the information of Council.
2) That Council approve the process for the implementation of the Conventional
Transit Routing and Scheduling Revitalization Action Plan
Dave Stewart, General Manager of Transit and Bob Chambers, Supervisor at
Transit, provided Council with an overview of the transit routing and scheduling action plan.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the report be approved as recommended and Council endorse a week of free service
as a promotion to the routing changes.
Carried Unanimously
2. F-2013-54 - Infrastructure Projects, Advancement of Engineering Design
Phase
The report recommends that Council authorize staff to proceed with the design work
for the list of projects identified in this report.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the report be approved with the Main & Ferry B.I.A. comments referred to
staff.
Carried Unanimously
RATIFICATION OF" IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the recommendations from the meeting from October 8th, 2013 be approved:
1. L-2013-34,
Kelley Proposed Purchase from the City
Land to the Rear of 3817 Sinnicks Avenue
That a landlocked piece of land located at the rear of 3817 Sinnicks Avenue be
conveyed to Stephen Kelley and Heather Lawrence-Kelley, the owners of the lot
that abuts the subject land immediately to the east, for $3800; and
That the Mayor and Clerk be authorized to execute all related agreements.
2. L-2013-36
Offer to Purchase
6681 Culp Street
That the City accept the offer of 1006057 Ontario Limited (George Badhi) to
purchase the lands located at 6681 Culp Street, Niagara Falls, for $371,000.
That the Mayor and Clerk be authorized to execute all related agreements.
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3. Downtown University
That the Business Case and Land Capacity for a Downtown Post-Secondary
Campus study be released.
Carried Unanimously
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF RE PORTS 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.
MW-2013-51 - Consultant Appointment City Wide Master Drainage Plan Update
Study. The report recommends that the Mayor and Clerk be authorized to sign and
execute a Consulting Services Agreement with Aquafor Beech Limited to provide
consulting services to complete the Update to the City of Niagara Falls Master Drainage
Plan, at an upset limit of $246,912.00 including HST.
R&C-2013-17 - Renewal of United Way Lease Niagara. The report recommends that
Council authorize the Mayor and City Clerk to act on the behalf of the City to execute the
United Way of Niagara Falls & Greater Fort Erie license agreement between the City of
Niagara Falls for use of space at the MacBain Community Centre.
R&C-2013-19 - Sports Wall of Fame Inductees. The report recommends the following:
That Council approve the following 2013 Sports Wall of Fame Inductees:
Pre 1970 Era
Name Category Sport
German Village Soccer Team, 1960 Team Soccer
1971 - 1990 Era
Name Category Sport
Gerald Cyr Builder Judo
Fred Kovacs Builder Rugby
1991 - Present Era
Name Category Sport
Kevin Knight Builder Track & Field
Jamie McCloy Athlete Baseball
Judy Russell Builder Soccer
TS-2013-34 - Miller Road -Speed Limit Review. The report recommends that the speed
limit on Miller Road between Sodom Road and Willoughby Drive be reduced from 70-km/h
to 60-km/h.
TS-2013-38 - Bridgewater Street (East of Dock Street ) - Parking Restrictions. The
report recommends that parking be restricted at all times on the north side of Bridgewater
Street from Dock Street to a point 45m east of Dock Street.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
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MW-2013-48 - Mewburn Road Bridge Project Status Update. The report recommends
that Council accept the proposal from CN to proceed with the replacement of the Mewburn
Road Bridge at its full expense; and further that the Niagara Region and Town of Niagara-
on-the-Lake be advised of its decision.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the report be approved as recommended.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to Domenic Bianco, a City employee, on the
passing of his father Jimmy Bianco.
Mayor advised of recent events: he,the CAO and Director of Business Development
traveled to India and to South Korea to promote OPG Winter Festival of Lights in Jinju in
partnership with the Lantern Festival.
Mayor Diodati advised of upcoming events: George Bukator Park Clean and the
Mayor's Prayer Breakfast.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 . Niagara Falls Public Library - requesting the week of October 20-26, 2013 be
proclaimed as " Public Library Week" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the request be approved.
Carried Unanimously
2. Restorative Justice Week - requesting the week of November 17 - 24, 2013 be
proclaimed as "Restorative Justice Week" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the request be approved.
Motion Carried
with Councillor Thomson opposed.
3. Heart Niagara - requesting the week of November 3 - 9, 2013 be proclaimed as
"Sudden Cardiac Awareness Week" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo
that the request be approved.
Carried Unanimously
4. C.A.O. - copy of comments to the Environmental Registry Branch regarding the
application by Chemtrade Logistics Inc.
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the communication be received for information.
Carried Unanimously
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5. Umbrella Energy - requesting an Energy Sustainability committee to address the
issue of the Ontario Government's Feed in Tariff program.
RECOMMENDATION: Refer to staff
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be referred to staff.
Carried Unanimously
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BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the by-laws be given a first reading.
Carried Unanimously
2013-150 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking
Prohibited, Designated Lanes)
2013-151 A by-law to authorize the execution of an Agreement of Purchase and Sale
with Stephan Kelley and Heather Lawrence-Kelly, respecting the purchase
of lands in the City of Niagara Falls, in the Regional Municipality of Niagara.
2013-152 A by-law to authorize the execution of an Agreement of Purchase and Sale
with 1006057 Ontario Limited, respecting the purchase of lands in the City
of Niagara Falls, in the Regional Municipality of Niagara.
2013-153 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 8th day of October, 2013.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by-laws be given a second and third reading.
Carried Unanimously
NEW BUSINESS
Dorchester Road Parking
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that No Parking sign be instituted in the vicinity of 7079 Dorchester Road.
Carried Unanimously
Optimist Club
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that staff work with the Optimist Club on their footings and foundation permit,
a deferral agreement related to Development Charges and request that the Region
consider a similar deferral.
Carried Unanimously
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ORDERED on the motion of Councillor Mayes, seconded by Councillor Thomson
that the meeting be adjourned at 8:55 p.m.
Carried Unanimously
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DEAN IORF A, CI Y CLERK JAMES M. DIODATI, MAYOR