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09/23/2014 FOURTEENTH MEETING REGULAR COUNCIL MEETING September 23, 2014 Council met on Tuesday, September 23, 2014 at 4:30 p.m. for an In Camera session. All members of Council except Councillor Wing were present. NO. 15 - KERRIO- DIODATI - THEREFORE BE IT RESOLVED on September 23, 2014, Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter of 239(2)(d), labour relations or employee negotiations; and FURTHER BE IT RESOLVED THAT on September 23, the City Clerk, Dean lorfida, delegates his authority for the purposed of the Closed Meeting to the Director of HR, Trent Dark; and FURTHER BE IT RESOLVED THAT the Director of HR will record without note or comment all recommendations to Council emanating from the Closed Meeting; and FURTHER BE IT RESOLVED THAT the Clerk will resume his duties upon conclusion of the Closed Meeting agenda. Carried Unanimously Following consideration of the items presented, the In Camera Session did not rise and report in open session. Council met on Tuesday, September 23, 2014 at 5:10 p.m. for the purpose of considering Regular Business matters. Councillor Mayes offered the Opening Prayer. All members of Council except Councillor Wing were present. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the minutes of September 9, 2014, be approved. Carried Unanimously * * * * * DISCLOSURES OF PECUNIARY INTEREST Councillor Morocco indicated an indirect pecuniary interest with cheque number 376304, made payable to her spouse and a pecuniary interest with cheque#376197 made payable to herself, AMO reimbursement. Councillor Pietrangelo indicated a pecuniary interest with a refund cheque made payable to the Niagara Catholic District School Board, his employer, and a New Business item. Mayor Diodati indicated a pecuniary interest to cheque number 376196, 376247 and 376742, made payable to himself. * * * * * -2- September 23, 2014 Council Minutes INFRASTRUCTURE MATTERS 5:00 P.M. 1. F-2014-43 - OLG Reserve Fund Update The report recommends that Council approve the projects totaling $1,868,000 identified in this report and use funding from the OLG Municipality Contribution Agreement Reserve. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously 2. MW-2014-48 - Millennium Trail - Phase 3 (Niagara Falls Lions Legacy Trail) Tender Award - Contract# 2014-361-14 The report recommends the following: 1. That the contract be awarded to the lowest bidder Stevensville Lawn Service at the tendered price of $ 935,089 (excluding HST), and 2. That the additional funds required for this contract be approved. 3. That staff continue their efforts to offset this additional expenditure from external sources including the sponsorship and donation opportunities from the Niagara Falls Lions Club as the project Partner. 4. That the Mayor and Clerk be authorized to execute the necessary contract documents. Wayne Scott, Lions Club, indicated that the Club would develop contribution plans, once the project was approved by Council. He outlined the funds raised by the Club on the Lions Club park project. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the tender be cancelled, the matter be referred back to staff to revise the scope of the project, within the budget parameters, with input from the interested stakeholders and that OPG be contacted to see if they would donate the Big Becky cutter head and absorb the related transportation costs. Carried Unanimously 3. MW-2014-44 - Tender Award Contract No. 2014-307-13. Sylvia Place Sewer Separation and Road Reconstruction The report recommends the following: 1. The contract be awarded to the lowest bidder O'Hara Trucking and Excavating Inc. at the tendered price of $892,986.25; 2. That the capital budget of $1,124,275 be approved; 3. That the Mayor and City Clerk be authorized to execute the necessary contract documents. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously Mayor Diodati introduced Regional Councillor Selina Volpatti who made a presentation to Council on the recently held FCM Conference. - 3 - September 23, 2014 Council Minutes ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the presentation be received for information. Carried Unanimously * * * * * REPORTS 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. BDD-2014-06 - Small Business ENTERPRISE Centre (SBEC/BDD), Ministry of Economic Development,Trade and Employment. (MEDTE)/Ministry of Research and Innovation (MRI). Small Business Enterprise Centre Core Grant Agreement. The report recommends that Council authorize the Mayor and Clerk to sign the SBEC- MEDTE/MRI Core Grant Agreement. F-2014-38 -Ontario Ice Storm Assistance Program. The report is recommended for the information of Municipal Council. F-2014-40 - Monthly Tax Receivables Report. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2014-41 - Municipal Accounts. The report recommends that Council approve the municipal accounts totaling $40,604,471.87 for he period July 24, 2014 to September 3, 2014. MW-2014-45 - Tender Award, Contract No. 2014-272-12 Furlong Avenue Watermain Replacement.Contract No.2014-292-12 Varsity Avenue Watermain Replacement.The report recommends the following: 1. The contract be awarded to Alfidome Construction Ltd. at the tendered price of $613,822.00; and 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. PBD-2014-52 - PLC-2014-005, Request for Removal of Part Lot Control Blocks 86, 88 and 89 and Lots 72-75 and 82-84 inclusive, Registered Plan 59M-395. Saw Mill Drive and Chemonda Street. Chippawa West Phase 2 Plan of Subdivision. Applicant: Queensway Chippawa Properties Inc. The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Blocks 86, 88 and 89 and Lots 72 to 75 and 82 to 84 inclusive on Registered Plan 59M-395, as exempt from Part Lot Control for a period of two years. 2. That the applicant be required to notify the City when the new deeds for the lots have been registered. -4 - September 23, 2014 Council Minutes PBD-2014-54 - PLC-2014-006, Request for Removal of Part Lot Control Block 116, Plan 59M-379. 5838 to 5865 Osprey Avenue, Fernwood Phase 2 Subdivision. Applicant: Mountainview Homes. The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Block 116 on Registered Plan 59M-379, as exempt from Part Lot Control for a period of two years. 2. That the developer be required to notify the City when the new deeds for the lots have been registered. TS2014-33 - RFT-40-2014 Tender for Supply of Services for Sanding and Salting of Municipal Properties. The report recommends the following: 1. That the contract be awarded to the lowest bidder Sacco Construction for the supply of services for sanding/salting of parking lots designated in Areas 1, 2 and 3 for the2014 - 2015 winter season. 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. TS-2014-34 - Dunn Street at Carlton Avenue School Crossing Guard Review. The report recommends That a school crossing guard be stationed during the morning and after school hours to provide assistance to school children crossing at the intersection of Dunn Street and Carlton Avenue. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the reports on the Consent Agenda be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Laura Potalivo, city employee, on the passing of her brother-in-law, Emilio Potalivo, Jessie Crop and Uncle Bill Fisher of Cathy Crabbe, city employee and to Rick Stokes, on the passing of his twin brother. Mayor Diodati advised of recent events: Club Italia Lobsterfest, Terry Fox Run, Clothing Drive for Ontario Federation of Cerebral Palsy, Niagara Falls Night Art, Mayor's Healthy Lunch and United Way Campaign Kick-Off, 30th Anniversary of Airbus Helicopters, UFC Hall of Famer, Dan Severn at United Family Martial Arts School, Parade of the Unknown Soldier, Grand opening of new location: Rick Rose School of Music/Niagara Institute of Music and Arts, 4680 Queen Street, Grand opening of new location: Wendy Leard School of Dance, 4680 Queen Street Mayor Diodati advised of upcoming events: Cherrywood Acres Elementary School 501h Anniversary Open House, Haunt Manor, Niagara Concerts, Ken Lavigne performs, Minor Atom AA Flyers Pasta Dinner Fundraiser, Mayor's Prayer Breakfast, Grand opening Joe's Place Adult Disability Recreation Centre, Thanksgiving, and Voting Day. The Mayor showed a video promoting GO service to Niagara. Mayor Diodati introduced Moe Merani, Peter DiPauli and Dean Spironello, members of Arif's Army, a fundraising initiative in the memory of Arif Merani. ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that October 15th be proclaimed "Arif Merani Day" in the City of Niagara Falls. Carried Unanimously * * * * * 5 - September 23, 2014 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. CUPE Ontario - requesting that October 294h,2014, be proclaimed as "Child Care Worker& Early Childhood Educator Appreciation Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the request be approved. Carried Unanimously 2. Ontario Lung Association -requesting that the Month of November be proclaimed as " Lung Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the request be approved. Carried Unanimously 3. Fire Prevention Week - requesting that the week of October 5-11, 2014 be proclaimed as "Fire Prevention Week" and October 11, 2014 be designated as " Fire Service Recognition Day", in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the request be approved. Carried Unanimously 4. Chabad Niagara - requesting approval for Fireworks for October 12, 2014 event. RECOMMENDATION: For the Consideration of Council, subject to insurance requirements. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 5. Tender Wishes - requesting that a park be named after Jay Cochrane. RECOMMENDATION: Refer to Staff. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the request be referred to staff and that the Murray/Fallsview Blvd area be considered as an appropriate location for recognition. Carried Unanimously 6. Niagara Falls International Marathon - requesting the provision of Transit buses and drivers for the annual event. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the request be approved. Carried Unanimously 7. Lundy's Lane BIA - requesting approval of replacement board members. RECOMMENDATION: For the Approval of Council - 6 - Council Minutes September 23, 2014 ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved. Carried Unanimously 8. Canadian Institute of Public Health Inspectors-Request the week of September 22-26, 2014 be proclaimed as "Environmental Public Health Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the request be approved. Carried Unanimously * * * * * PRESENTATIONS/ DEPUTATIONS Crime Stoppers Michael White CPP CRM, Program Manager, Crime Stoppers of Niagara,addressed Council on their program and requested the City participate in the "Driving the Message Home" campaign. ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that the request for "Driving the Message Home" bumper stickers on City vehicles be referred to staff for a recommendation. Carried Unanimously 1812 Task Force Don Jackson and Gord West from the 1812 Task Force did wrap up of the group's activities during the Bicentennial celebrations. * * * * * PLANNING MATTERS 7:00 P.M. Public Meeting PBD-2014-51 - AM-2014-006, Zoning By-law Amendment Application. 9440 Netherby Road. Applicant: Randy Swanson. Agricultural Purposes Only Zoning. Background Applicant, full time farmer proposes to sever off a parcel of land with a dwelling on it (Part 1) while retaining Part 2 for agricultural purposes only. Applicant is requesting a zoning by-law amendment limit the use of Part 2 and to allow the existing dwelling and accessory structure to remain on Part 1 facilitating the future severance of Part 1. Neighbourhood Open House Held on August 20, 2014, no neighbours attended to hear the proposal or provide comments Planning Analysis Provincial Policy Statement Provincial Policy Statement requires Council protect prime agricultural areas. Severances are only permitted to separate a residence surplus to a farming operation as - 7 - Council Minutes September 23, 2014 a result of consolidation. Rezoning Part 2 for agricultural purposes only ensures that the proposed severance of Part 1 complies with Provincial policies. Regional Official Plan Plan permits consents for severances for farming operations as a result of farm consolidation Region notes that the requested zoning is necessary to fulfill conditions for creation of the surplus dwelling lot and is satisfied it meets the intent of the Regional Policy Plan. Official Plan Lands designated Good General Agriculture City's policy provides that a surplus farm dwelling may be severed from farm lands where two or more farms are being consolidated Parcel containing dwelling is to be restricted in size to 0.4 ha (1 acre) The proposed development complies as follows: Rezoning Part 2 will ensure the agricultural land is preserved; - Part 1 is 0.6 ha which is minimum size to accommodate the existing dwelling and accessory structure and septic bed. Zoning By-law To facilitate the severance of surplus farm dwelling, the following site specific regulations are requested for Part 1: The lot area reduction will recognize the size of Part 1 while the rear yard depth reduction recognizes the rear yard setback of the barn. Recommendation That Council approve the Zoning By-law amendment application to restrict the use of Part 2 to agricultural uses only and establish the site specific regulations outlined in the staff report, thereby facilitating the future severance of Part 1 containing a surplus farm dwelling. Randy Swanson, the applicant, indicated that due to the nature of the property crossing municipal boundaries, he has had to submit rezoning applications for two municipalities. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by-laws be given a first reading. Carried Unanimously 2014-126 A by-law to establish Part 4 on Reference Plan 59R-15107 as a public highway, to be known as and to form part of Morrison Street. 2014-127 A by-law to designate Blocks 86, 88 and 89 and Lots 72, 73, 74, 75, 82, 83 and 84, Registered Plan 59M-395, not be subject to part-lot control (PLC- 2014-005). - 8 - Council Minutes September 23, 2014 2014-128 A by-law to designate Block 116, Registered Plan 59M-379, not be subject to part-lot control (PLC-2014-006). 2014-129 A by-law to amend By-law No. 79-200, to permit a 3 storey, 30 unit apartment dwelling (AM-2013-016). 2014-130 A by-law to amend By-law No. 2012-63, which amended By-law Nos. 2010- 152 and 79-200, and to amend By-law No. 2008-206,which amended By-law No. 79-200, to guide the development of Block 64, Registered Plan 59M-376 (Deerfield Estates Phase 8 Plan of Subdivision) and Block 209, Registered Plan 59M-384 (Deerfield Estates Phase 9 Plan of Subdivision) (AM-2014- 005). 2014-131 A by-law to provide for hours of voting on election day and reduced hours of voting in institutions and retirements homes. 2014-132 A by-law to amend By-law 2010-137, a by-law to establish the Niagara Compliance Audit Committee. 2014-133 A by-law to authorize the execution of an agreement with Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Research and Innovation, respecting the program related to the Area Small Business Enterprise Centre. 2014-134 A by-law to authorize the payment of$40,602,531.77 for General Purposes. 2014-135 A by-law to authorize the execution of an extension between the Regional Municipality of Niagara and the Service Providers ( St. Catharines Transit Commission,the Corporation of the City of Niagara Falls and the Corporation of the City of Welland) for the Inter-Municipal Transit Pilot Project. 2014-136 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of September, 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 Orchard Avenue Trees ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that Ontario Hydro be contacted regarding the cutting of trees on the hydro corridor on Orchard Avenue, that they provide better notice of such cutting in the future and that M.P.P. Wayne Gates be copied on the correspondence. Carried Unanimously Sidewalk ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that staff investigate the condition of the inter-locking brick at the corner of Queen and Erie, near the flagpole. Carried Unanimously St. Michael High School Athletic Netting ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Staff report back on the approval of the soccer netting at St. Michael High School, and attempt to remediate any negative impacts on the neighbouring properties. Carried Unanimously - 9 - Council Minutes September 23, 2014 ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 7:45 p.m. Carried Unanimously DEAN IORFID CITY CLERK JAMES M. DIODATI, MAYOR