05/27/2014 NINTH MEETING
REGULAR COUNCIL MEETING
May 27, 2014
Council met on Tuesday, May 27, 2014 at 5:15 p.m. for the purpose of
considering Regular Business matters. Mayor Diodati offered the Opening Prayer. All
members of Council were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Mayes, seconded by Councillor Morocco
that the minutes of May 13th, 2014 be approved.
Carried Unanimously
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DISCLOSURES OF PECUNIARY INTEREST
Councillor Wing indicated a pecuniary interest related to the matter of the Special
Council meeting held April 30, 3014.
Councillor loannoni indicated a pecuniary interest to cheque number 372223,
made payable to herself.
Councillor Morocco indicated a pecuniary interest to cheque numbers 372149,
372150, made payable to herself and an indirect pecuniary interest to cheque number
372184 made payable to her spouse.
Councillor Kerrio indicated a pecuniary interest to report F-2014-26 and
communication # 7.
Councillor Fisher indicated a conflict to a communication item related to the
Chippawa Dock Association.
Councillor Pietrangelo indicated pecuniary interests to a wire transfer and cheque
number 373024, both made payable to the Niagara Catholic District School Board, his
empoyer.
Mayor Diodati indicated a pecuniary interest to cheque numbers 372224 and
373147, made payable to himself.
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REPORTS 5:00-7:00 p.m.
1. F-2014-26 - 2014 Development Charges Study
The report is recommended for the information of Council.
Craig Binning, Hemson Consulting prepared the Development Charges Study
and made a presentation to Council outlining the background and study process, the
growth forecast, the growth related to the capital program including the calculated rates
and comparisons and the next steps for the City.
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ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that the report and comments be received and that the report be circulated
to the various stakeholders, including the BIA's that the comments from the meeting be
circulated to the BIA's and that the Region be petitioned to eliminate Regional
Development Charges for non-residential in-fill properties.
Carried Unanimously
With Councillor Kerrio indicating a conflict.
2. L-2014-11 - Derelict Properties in Tourist Commercial Zone
The report recommends that staff meet with interested landowners to discuss
with them the possibility of employing a Conditional Zoning to address the assessment
anomalies which have led to urban blight in the vicinity of the tourist core and report
back as to the outcome of that meeting.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves
that the report be approved as recommended and that staff also investigate properties
in the Main and Murray area for possible inclusion.
Carried Unanimously
3. L-2014-12 - Steel Rail Entertainment Inc. Lease, Restriction of Common Law
Right of Pass on Part of Fallsview Boulevard
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves
that the report be deferred.
Carried Unanimously
4. PBD-2014-23 - Request for Extension to an Approved Revitalization Grant,
4480 Bridge Street.
The report recommends that Council reaffirm the date of June 25, 2014 for Mr.
Burdett to complete the redevelopment of his property and be eligible for a
Revitalization Grant and that a further extension not be supported.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that Mr. Burdett be granted an extension of 3 years, to complete his development, for
the approved revitalization grant.
Carried Unanimously
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.
MW-2014-22 - McLeod Road Reconstruction- Pin Oak Drive to Kalar Road Tender
Award. The report recommends the following:
1. The contract price be awarded to the lowest bidder Rankin Construction Inc. at
the lowest price of $1,324,621.00
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
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ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that the recommendation report be approved and that staff review the
estimate process for tenders.
Carried Unanimously
MW-2014-24 - Greater Niagara Baseball Association - Scoreboard Agreement. The
report recommends the following:
1. That Council agrees to purchase a new score clock for Oakes Park from OES
Scoreboards and amend the 2014 Capital Budget as required.
2. That staff be directed to prepare an Agreement with Greater Niagara Baseball
Association (GNBA) for the ongoing operation and maintenance of the new score
clock.
ORDERED on the motion of Councillor Maves, seconded by Councillor
Pietrangelo that the recommendation report be approved as recommended.
Carried Unanimously
Councillor Maves exited Chambers.
RBOC-2014-07 - Niagara Falls Dog Park Rules and Regulations. The report
recommends the following:
1. That Council approve related signage at the Dog Park.
2. That staff work with the Humane Society and the Stamford Centre Volunteer
Firemen's Association (SCVFA) regarding a possible on-site location for Humane
Society personnel.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni
that the recommendation report be approved and that the rule forbidding pronged
collars be removed.
Carried Unanimously
CD-2014-08 - Adult Entertainment Hearing, May 13, 2014. The report recommends
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.
Councillor Maves returned.
F-2014-20 - 2014 Property Tax Rates. The report recommends that Council approve
the 2014 Property Tax Rates.
F-2014-21 - Final Tax Notice Due Date. The report recommends that June 30 and
September 30 be approved as the 2014 Final Due Dates for the Residential, Pipeline,
Farmland and Managed Forest Assessment Classes.
F-2014-22 - Major Receivables Monthly Report. The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
F-2014-24 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totaling $30,233,614.88 for the period March 20, 2014 to May 7,
2014.
F-2014-25 - Insurance Renewal Report. The report recommends that Council approve
the 2014-2015 Comprehensive Insurance Program from Frank Cowan Co. Ltd.
MW-2014-23- Ontario One Call - Registration and Service Provision. The report
recommends
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TS-2014-15 - Administrative Monetary Penalties - Parking By-law Enforcement.
The report recommends the following:
1. That Council approves the Administrative Monetary Penalty System ("AMPS"),
including renegotiation of agreements with the Ministry of Transportation ("MTO")
and the Ministry of the Attorney General ("MAC").
2. That Council approve staff proceed with acquiring the services of a Hearing
Officer for the purpose of the AMPS process.
3. That Council approve the AMPS bylaw along with the Policies and Procedure to
implement the AMPS system in the City of Niagara Falls.
TS-2014-18 - Speed Limits on Rural Roads. The report recommends that 60 and 70
km/h speed limits be established on rural roads as outlined in this report.
ORDERED on the motion of Councillor loannoni, 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 Franco Piscitelli, a city employee, on the
passing of his mother, Maria Piscitelli, and to the family of John Bouw, a former
livestock valuer for the City of Niagara Falls.
Mayor Diodati advised of recent events: Hornblower Niagara Cruises Grand
Opening; grand re-opening of Starbucks on Lundy's Lane; Grand opening of the Outlet
Collection in Niagara on the lake; Business After 5-Boggio and Mackinnon Pharmacy;
Digital Visual Media Lab opening event; Nimigon Retirement home re-opening.
Mayor Diodati advised of upcoming events: FCM Conference; Springlicious- May
30- June 1st in Downtown Niagara Falls; David Gregory Mackinnon Teen Links Golf
Classic June 7th at Thundering Waters.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Spina Bifida and Hydrocephalus Association - requesting that June 2014 be
proclaimed as Spina Bifida and Hydrocephalus Awareness Month in the City of
Niagara Falls.
RECOMMENDATION: For the Approval of Council
2. Parks and Recreation Ontario - requesting that June 2014 be proclaimed as
Recreation & Parks Month in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
3. Clifton Hill B.I.A. - requesting approval of their 2014 budget.
RECOMMENDATION: For the Approval of Council.
4. Regional Municipality of Niagara - requesting support on a resolution on the
Province's Long Term Energy plan.
RECOMMENDATION: For the Consideration of Council.
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5. Chippawa Boat Dock Committee - requesting fee waivers related to the annual
Run for the Docks Event.
RECOMMENDATION: For the Consideration of Council.
6. Memo from Chief Building Official - regarding the recent correspondence from
the Concrete Association.
RECOMMENDATION: Receive and File.
7. Save the Sand Pits - petition regarding saving the Sand Pits.
RECOMMENDATION: For the Information of Council.
8. Niagara Falls Fire Department - Copy of 2013 Annual Report
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor
loannoni that the requests under Communications be approved, with the exception of
item #7, to be dealt with separately.
Carried Unanimously
with Councillor Fisher indicating a conflict with item #5.
NEW BUSINESS
Falls Avenue (former Roberts Street)
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves
that staff request the Region to increase the speed limit on Falls Avenue between
Victoria Avenue and MacDonald Avenue to 60 km.
Carried Unanimously
Councillor Morocco exited.
PRESENTATIONS/ DEPUTATIONS
Mayor's Accessibility Committee
Members of the committee presented of the Patrick Cummings Award to the
CIBC Queen Street branch and Brookfield Johnson Controls, their project managers,
represented by Branch manager, Gregory Darton. The committee also requested that
June 1 - 7 be proclaimed "National Access Awareness Week" in the City of Niagara
Falls.
ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio,
that the week of June 1-7, 2014 be proclaimed as "National Access Awareness Week".
Carried Unanimously
Red Raiders
Mayor Diodati recognized members of the The U11 and U12 Red Raider
Basketball teams for their recent Ontario championships and presented them with
plaques.
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COMMUNICATIONS (CONT'D)
7. Save the Sand Pits - petition regarding saving the Sand Pits.
RECOMMENDATION: For the Information of Council.
Neal Hillesheim, petitioner, outlined the positive value of the dirt bike activity, how
the riders were disappointed when the Police intervened on their activity at the sand pits
and that the riders were seeking alternatives.
Chuck Amadio, Niagara Trails, offer his group as a resource, should Council look
at other alternatives.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Fisher that the matter be referred to staff to investigate long-term options.
Carried Unanimously
With Councillor Kerrio declaring a conflict.
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Fisher that the by-laws be given a first reading.
Carried Unanimously
2014-60 A by-law to amend By-law No. 80-114, being a by-law to designate private
roadways as fire routes along which no parking of vehicles shall be
permitted.
2014-61 A by-law to authorize the execution of an Agreement with The Rotary Club
of Niagara Falls respecting the Adopt-A-Program public service program
for volunteers.
2014-62 A by-law to set and levy the rates of taxation for City purposes, for
Regional purposes, and for Education purposes for the year 2014.
2014-63 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited, Standing Prohibited)
2014-64 A by-law to authorize the execution of an Agreement with Ontario One
Call respecting the provision of call centre services to process notifications
of excavator locate requests for the City.
2014-65 A By-law to establish a System of Administrative Penalties respecting the
stopping, standing or parking of vehicles in the City of Niagara Falls.
2014-66 A by-law to authorize the payment of $30,233,614.88 for General
Purposes.
2014-67 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 27th day of May, 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
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ORDERED on the motion of Councillor Thomson, seconded by Councillor
loannoni that the meeting be adjourned at 7:50 p.m.
Carried Unanimously
I
ISI ' � TES
DE° N IORFID , CI YCLERK JAMM. DIODATI, MAYOR