2013/12/10 THIRTEENTH MEETING
REGULAR COUNCIL MEETING
December 10, 2013
Council met on Tuesday, December 10, 2013 at 4:00 p.m. for an In Camera
session. All members of Council were present.
NO. 46 -IOANNONI -MAVES -THEREFORE BE IT RESOLVED THAT on December 10,
2013 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(f) advice that is subject to solicitor-client and, 239(c)a proposed disposition
of lands related to part of City-owned lands known as the former CP Rail right of way and
a proposed acquisition of land related to Part of Stamford Township Lot 15 and Part of the
Road Allowance between Stamford Township Lots 15 and 26, being Part 1 on 59R- 12575
(Firemen's Park Youth Activity Complex).
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 5:00 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 Gates that
the minutes of November 26, 2013 be approved as recorded.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor loannoni indicated an indirect pecuniary interest with cheque numbers
368692 and 368783 made payable to members of her family.
Mayor Diodati indicated a pecuniary interest to cheque number 368846, made
payable to himself.
Councillor Morocco indicated an indirect pecuniary interest to cheque number
368718, made payable to her spouse.
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REPORTS
PBD-2013-78 - Building Bylaw and Update of Permit Fees
The report recommends that Council enacts the new Building By-law including the
updated schedule of fees.
Gary Hodgson, a professional engineer, 7211 Cambridge Street, gave the opinion
that any fees should be more responsive to economic peaks and valleys.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the report be approved as recommended.
Carried Unanimously
. . . . .
CD-2013-10 - Plumbers Licence
The report recommends that Council repeal By-law 6328, 1963, known as the
Plumbing By-law, and related amending by-laws.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the report be approved as recommended.
Carried Unanimously
R&C-2013-21 - Gale Centre Glycol Repair Project
The report is recommended for the information of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the report be approved and recommended.
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.
Councillor Kerrio exited the Council Chambers.
F-2013-58 - 2013 Capital Projects Status Report. The report recommends that Council
approve the closing of projects identified as completed and receive the information on the
ongoing projects.
F-2013-66 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $3,903,298.48 for the period November 7, 2013 to November
20, 2013.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that F-2013-58 and F-2013-66 be approved as recommended.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that
Staff report back on the doctor recruitment program and recent disbursements related to
the program.
Carried Unanimously
Councillor Kerrio returned to Council Chambers.
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F-2013-69 - Approval of Interim 2014 Spending Limit. The report recommends that in
the absence of an adopted 2014 General Purposes Budget, City Council approves that City
departments be allowed to incur costs to a level of 50% of the departments' expenditure
budget of the prior year.
MW-2013-61 -Assumption of Various Subdivision.The report recommends that the City
formally assume the Subdivisions listed in this report.
MW-2013-62 - Maple Street Sewer Separation, Watermain Replacement and Road
Reconstruction. The report recommends the following:
1. That$26,500 in additional funds required to retain Coffey Geotechnics Inc. (Coffey)
to complete a Hydrogeological Assessment in support of a Permit to Take Water
(PTTW) from the Ministry of the Environment (MOE) be approved; and
2. That the 2013 Capital Budget be amended to reflect the additional costs associated
with the completion of this project.
PBD-2013-68 - 26T-11-2009-01, Extension to Draft Plan Approval, Draft Plan of
Subdivision, Fernwood Phase 3 Subdivision, Owner: 800460 Ontario Inc. The report
recommends that Council grant an extension to draft plan approval for the Fernwood
Phase 3 Plan of Subdivision until February 8, 2016.
PBD-2013-76 - 26T-11-2005-01, Draft Plan of Subdivision, 9116 Tallgrass Avenue.
Owner: Queensway Chippawa Properties Inc.Applicant: KLM Planning Partners Inc.
The report recommends:
1. That Council approve the modifications to the existing draft approved plan of
subdivision as shown on the revised draft plan of subdivision prepared by KLM
Planning Partners Inc., August 14, 2013 and detailed in this report.
2. That the Mayor or designate be authorized to sign the revised draft plan as
"approved".
3. That Council determine by resolution that the changes outlined in this report and
shown on the revised draft plan of subvision are minor and do not require further
public notice.
PBD-2013-77- Street Name Change Kalar Road to Heartland Forest Road on the
Portion of Kalar Road, South of Brown Road to Chippawa Creek Road. The report
recommends that Council approve the change in the street name of a portion of Kalar
Road. The name will change from Kalar Road to Heartland Forest Road on the portion of
Kalar Road south of Brown Road to Chippawa Creek Road.
TS-2013-50 - WEGO Routing for New Year's Eve. The report recommends that this
report be received for the information of Council.
TS-2013-51 - License Agreement Request by Region of Niagara. The report
recommends the following:
1) That a lease between the Regional Municipality of Niagara and the City allowing
WEGO buses to utilize their Lundy's Lane turn around land be approved.
2) That the Mayor and Clerk be authorized to execute the necessary agreements.
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TS-2013-52 - Agreement Request by Boys & Girls Club. The report recommends the
following:
1) That an Agreement with the Boys and Girls Club to allow transit buses to utilize their
property for a turn-around, be approved.
2) That the Mayor and Clerk be authorized to execute the necessary agreements.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
* * * * *
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered to condolences to Sam Monteleone, a city employee on the
passing of his brother, Nick Monteleone, and to Tony D'Amario, a city employee, on the
passing of his mother, Maria D'Amario.
Mayor Diodati advised of recent events: Angels Everywhere at Christ Church,
Kristina's Kolours Facial Spa opening, Inspire Heath Niagara Grand opening, Niagara
Concerts, Home Instead Senior Care opening, a visit from Mayor of Jinju Korea, Memorial
Dinner for Mike Credico, Niagara Falls Sunrise Rotary's Art by the Falls, and the 60th
Anniversary of Allstate Insurance Canada.
Mayor Diodati advised of upcoming events: Snow Buddies needed, City of Niagara
Falls Culture Plan survey on-line now, Winter Festival of Lights, 23' Annual Good News
Breakfast, Grand Opening of Easy Street Sandwiches and Treats, Niagara Concerts Big
Band Christmas, Wimpy's Diner Community Dinner, Russell Teibert, soccer athlete, meet
and greet, and Niagara Falls Transit Route changes will be implemented January 1, 2014.
* * * * *
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Kathleen MacCarthy - requesting the City consider instituting a trap-neuter-return
program.
RECOMMENDATION: Refer to staff.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson
that the communication be referred to staff.
Carried Unanimously
2. Canadian Union of Postal Workers- requesting support that the Canadian Postal
Service Charter Review be open to the public and focus on revenue generation and
not cuts.
RECOMMENDATION: For the consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the request be approved.
Motion Carried
with Councillor Mayes and Kerrio opposed
3. Kerry Boyle - protesting the parking restrictions approved by Council on the west
side of Dorchester Road, between Douglas and across from Caledonia.
RECOMMENDATION: For the information of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
to receive and file the communication
Carried Unanimously
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RATIFICATION OF "IN CAMERA" MATTERS
ORDERED on the motion of Councillor Morocco, seconded by Councillor Maves that
the recommendations from the December 10`h, 2013 meeting be approved:
1. L-2013-41
Lease Opportunity
That the Mayor and Clerk be authorized to execute all documentation required to
implement the Lease with Steel Rail Entertainment Inc. respecting a specific area
of lands known as the former rail lands.
Carried Unanimously
, , , , ,
NEW BUSINESS
Dog Park
ORDERED on the motion of Councillor Morocco, seconded by Councillor Maves that
staff investigate and report back on the possibility of keeping the dog park open year-
round.
Carried Unanimously
Charity Bingo
ORDERED on the motion of Councillor Morocco, seconded by Councillor Maves that
staff report back on the determination of the event calendar.
Carried Unanimously
Parking at the Post Office
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that staff report back on the possibility of reducing No Standing fines from $50 to $40 and
review parking in the vicinity of the Post Office
Carried Unanimously
Toys for Tickets
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff report back on the program criteria.
Carried Unanimously
NPEI/ Water Billing
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that staff bring back a report on the changes, costs, and forecasted savings on taking back
water billing from NPEI.
Carried Unanimously
Reilly Street End
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff meet with the lessee (Mr. Bevan) and investigate the possibility of the Fortis lines
being moved to OPG lands.
Carried Unanimously
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On-Street Permit
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff investigate the request for an on-street parking permit in the vicinity of 4692
Crysler.
Carried Unanimously
* * * * *
PRESENTATIONS/DEPUTATIONS
Fairway Sewer Back up
L. Col. Bernard L. Nehring representing residents on Fairway road was present to
express the issues regarding the sewer backup problems on the street.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff report back on the Fairway Road flooding and set up a meeting with the area
residents
Carried Unanimously
Culture Plan Survey
Priscilla Brett, Chair of the Arts and Culture Committee provided Council with a
power point presentation and outlined the City of Niagara Falls Culture Plan Survey.
Blood Donor Clinics
Geoff Ryall, Community Development Coordinator, Niagara Region Canadian Blood
Services, and Bill Matson, Deputy Clerk, addressed Council regarding the upcoming blood
donor clinics.
A.N. Myer Football Team - Metrobowl Championship
Mayor Diodati recognized the members of the A.N. Myer Jr. Football team for their
recent victory at the Metrobowl.
Business Anniversary Recognition
Mayor Diodati recognized the following businesses, Dobbie's Florists ( 125 years)
and Crawford, Smith and Swallow Chartered Accountants LLP (75 years) for their years
of service to the community and presented them with a plaque on behalf of Council.
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the by-laws be given a first reading.
Motion Carried
2013-176 A by-law to authorize the execution of a License Agreement with The
Regional Municipality of Niagara respecting the installation of a WEGO sign
and the operation of a WEGO bus stop on lands owned by the Region and
located on Lundy's Lane.
2013-177 A by-law to authorize the execution of a Permission to Use Lands Agreement
with the Boys & Girls Club of Niagara respecting the use of a portion of the
lands owned by the Club and located on McLeod Road, for the purpose of
a turnaround for City buses.
2013-178 A by-law under the Building Code Act respecting construction, Demolition,
Change of Use, Occupancy Permits, Transfer of Permits, Inspections and
Associated Fees.
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2013-179 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
2013-180 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.
2013-181 A by-law to authorize the payment of $3,903,298.48 for General Purposes.
2013-182 A by -law to establish Part 1 on Reference Plan 59R -14870 as a public
highway, to be known as and to form part of Carlton Avenue.
2013-183 A by-law to authorize the execution of a Lease with Steel Rail Entertainment
Inc. respecting the leasing of a specified area of the lands known as the form
2013-184 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 10`h day of December, 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
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ORDERED on the motion of Councillor Maves, seconded by Councillor loannoni
that the meeting be adjourned at 8:35 p.m.
Carried Unanimously
X
D AN IORFID' , CITY CLERK JAMES M. DIODATI, MAYOR