03/25/2014 FIFTH MEETING
REGULAR COUNCIL MEETING
March 25, 2014
Council met on Tuesday, March 25, 2014 at 4:30 p.m. for an In Camera session.
All members of Council, except Councillor Maves, were present.
NO.7-DIODATI-MOROCCO-THEREFORE BE IT RESOLVED THAT on March 25, 2014
at 4:30 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 s. 239(2)(e), litigation
or potential litigation, including matters before administrative tribunals related to the Casino
Assessment Appeal.
Following consideration of the items presented, the In Camera Session did not rise
and report in open session.
Council met on Tuesday, March 25, 2014 at 5:00 for the purpose of considering
Regular Business matters. Councillor Morocco offered the Opening Prayer. All members
of Council, except Councillor Maves, were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the minutes of February 25, 2014 be approved as printed.
Carried Unanimously
Councillor Shirley Fisher was administered the Declaration of Office under s. 232
of the Municipal Act, replacing Councillor Wayne Gates, who was elected M.P.P., in the
recent Provincial by-election.
DISCLOSURES OF PECUNIARY INTEREST
Councillor Wing indicated an indirect pecuniary interest to cheque number 371477,
her daughter's employer.
Councillor loannoni indicated an indirect pecuniary interest to cheque number
371549, made to a member of her immediate family.
Councillor Morocco indicated an indirect pecuniary interest to cheque number
371220, made payable to her spouse.
Mayor Diodati indicated a pecuniary interest to cheques number 371165 and
371509, made payable to himself.
ADULT ENTERTAINMENT MATTERS
CD-2014-04 - Amendments to the Adult Businesses By-law
The report recommends that Council approve the proposed amendments to the Live
Adult Businesses By-law (2002-197).
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Zijad Saskin, Broderick&Partners, representing the three adult entertainment clubs
in Niagara Falls felt the proposed fees requested by the Police Services Board were
inflated. He requested that the city consider moving from a licensing regime to a
registration system. He felt the technology was now in place that would allow registration
of dancers at the clubs. In the minimum, Mr. Saskin requested a joint task force made up
of City staff, the stakeholders and the Police.
Mr. Woody McKaig, counsel for the Police Services Board, indicated that the
industry were previously provided justification and break down of the proposed fees. He
indicated that the Police Services were always willing to meet and discuss matters of
mutual interest with the industry stakeholders.
ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that
the recommendation report be approved.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that City staff facilitate discussions between the Police Services and industry stakeholders
on the issues of licensing and registration.
Carried Unanimously
CD-2014-03 - Adult Entertainment Hearing, February 25, 2014
The report recommend that based on the recommendation of the Adult
Entertainment Appeals Committee,the decision of the Issuer of Licences, in the revocation
of a licence, be upheld.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the report be approved as recommended.
Carried Unanimously
RECREATION & CULTURE MATTERS
Jon D. Linton and Greg Young, TCI Management Consultants, provided an update
on the City of Niagara Falls Culture Plan and outlined the next steps.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that
the presentation be received.
Carried Unanimously
Councillor Pietrangelo Chaired the Budget meeting
BUDGET MATTERS
F-2014-14 - 2014 Capital Budget
The report recommends that Council approve the 2014 Capital Projects budget.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the Capital Budget be amended removing the Portage Road Speed Control project, that
Council authorize the removal of the southern speed hump on Portage Road and that staff
monitor and report back on whether there are any subsequent speed issues.
Motion Carried
with Councillor loannoni opposed
ORDERED on the motion of Mayor Diodati, seconded by Councillor Kerrio that
report F-2014-14 2014 Capital Budget be approved, as amended.
Carried Unanimously
Councillor Pietrangelo stepped down as Chair.
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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.
F-2014-10 - Monthly Tax Receivables Report. The report recommends that Council
receive the monthly tax receivables report for information purposes.
F-2014-12 - 2013 Sleep Cheap Charities Reap Reporting. The report recommends
that Council receive the report for information purposes.
F-2014-13 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totaling $11,374,264.22 for the period January 23, 2014 to February
26, 014
MW-2014-11- Drinking Water System Summary Report. The report recommends to
be received and filed.
PBD-2014-16-CIP Residential Loan Program Applications, RLP-2013-010(4670-4672
Queen Street),RLP-2013-012(4351-4537 Queen Street)and RLP-2013-015(4664-4666
Queen Street),Applicant: Keefer Developments.The report recommends the following:
1. That Council approve the Residential Loan Program Applications, subject to the
owner satisfying the program requirements including obtaining any required permits
or payment of outstanding taxes:
RLP-2013-010 (4670-4672 Queen Street) in the amount of $25,080;
RLP-2013-012 (4351-4537 Queen Street) in the amount of $58,480; and
RLP-2013-015 (4664-4666 Queen Street) in the amount of $24,100.
2. That the Mayor and Clerk be authorized to sign and execute the loan agreements.
PBD-2014-17 - 26T-11-2013-003, Warren Woods Estates Phase 3 Draft Plan of
Subdivision,Addition of a Condition of Draft Plan Approval,7913 Kalar Road, Owner:
2124487 Ontario Ltd. (Robert O'Dell - Managing Partner), Agent: Upper Canada
Consulting (Jennifer Vida). The report recommends the following:
1. That Council approve the inclusion of the condition in the attached Appendix A to
the conditions of draft plan approval for the Warren Woods Estates Phase 3 Plan
of Subdivision being Appendix A of Report No. PBD-2014-12.
2. That Council determine that the change of conditions warrants notice in accordance
with the provisions of the Planning Act.
PBD-2014-18 - Regional Development Charge Collection. The report recommends the
following:
1. That Council endorses the Service Level Agreement for the collection and
remittance of Regional Development Charges
2. That Council approve the related by-law authorizing the execution of the Service
Level Agreement between the City of Niagara Falls and the Regional Municipality
of Niagara.
TS-2014-13 - Queen Street - Tour Bus Loading Zone Request for Removal. The
report recommends that the existing "No Stopping Tour Bus loading Zone" restriction on
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the south side of Queen Street between Valley Way and St. Lawrence Avenue be
removed and paid parking be reinstated.
TS-2014-05 -Bus Terminal Lease Agreement. The report recommends the following:
1) That the current lease with Coach Canada for the sale of out of town bus tickets
within the Bus Terminal be extended for an additional two years, with an option
for the third year.
2) That a sub lease between Coach Canada and Greyhound be approved.
3) That a lease between Metrolinx and the City be approved allowing GO Transit
buses to utilize bus terminal platform one.
4) That the Mayor and Clerk be authorized to execute the necessary agreements.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the reports on the Consent Agenda be approved.
Carried Unanimously
F-2014-09 - Annual Statement of Remuneration and Expenses. The report is
recommended for the information of the Municipal Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that Council receive the report and staff bring back a report on attendance records related
to the committees contained in the report.
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that
staff prepare a recommendation report on whether taxes should be paid up prior to a CIP
application being accepted.
Carried Unanimously
* * * * *
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to Brian Dickson, Fire Services, on the
passing of his father, Marvin Gene Dickson, to Franco Piscitelli, By-law Services on the
passing of his mother-in-law, Margaret Pare, to Councillor Shirley Fisher on the passing
of her husband, Don Naisbitt, to Cathy Slee, a city employee on the passing of her mother
Ruth Slee, also the grandmother to Selene Tudini, a city employee.
Mayor Diodati advised of recent events: the Annual State of the City Address,
Komedy for Kidney's, Senior's Active Living Fair, Epilepsy Niagara Purple Day, OMHA
Ontario Finals at the Gale Centre, and the 35th Annual Miss Club Italia Pageant.
Mayor Diodati advised of upcoming events: Project Share's Iron Chef Competition,
"The Ravine"opens at Lyndesfarne Theatre, Southern Tier Mayors' Luncheon, Earth Hour,
A Royal Ascot Affair for Kidney Care, Regional Chair Burroughs' State of the Region
Address, and the grand opening of the Grappling Club.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Royal Canadian Legion Branch 51 - requesting a grant equal to the fees and
charges associated with the road closure for the 77th Annual 40 & 8 pilgrimage.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the request be approved.
Carried Unanimously
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2. Karen Gass - requesting relief from the Noise By-law for a wedding reception in
her backyard.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the recommendation be approved.
Carried Unanimously
* * * * *
PRESENTATIONS/DEPUTATIONS 7:00 P.M.
Pathstone Mental Health
Ellis Katsof, CEO of Pathstone Mental Health, Elco Drost, Vice Chair of the Board
and Rick Johnson,with the agency, addressed Council on their proposed new building and
expanded services and the 5`h Annual Hope Award.
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher
that the by-laws be given a first reading.
Carried Unanimously
2014-36 A by-law to amend By-law No. 79-200, to permit a 20 unit, three storey
apartment dwelling on the Lands (AM-2013-015).
2014-37 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited, Prohibited Turns).
2014-38 A by-law to authorize the execution of an Agreement with Metrolinx
respecting a bus services agreement at 4555 Erie Avenue.
2014-39 A by-law to authorize the execution of an Agreement with Trentway Wagar
Inc. respecting a lease at 4555 Erie Avenue.
2014-40 A by-law to authorize the execution of a Service Level Agreement on the
Administration of Regional Development Charges.
2014-41 A by-law to amend By-law 2002-197, the Live Adult Businesses By-law.
2014-42 A by-law to authorize the payment of$11,374,264.22 for General Purposes.
2014-43 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 25th day of March, 2014.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher
that the by-laws be given a second and third reading.
Carried Unanimously
NEW BUSINESS
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that
four tickets be purchased for A Royal Ascot Affair for Kidney Care event to support the
local hospital fundraiser.
Carried Unanimously
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ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the meeting be adjourned at 7:30 p.m.
Carried Unanimously
DEAN IORFID , CITY CLERK JAMES M. DIODATI, MA'IOR