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11/24/2015 NINETEENTH MEETING REGULAR COUNCIL MEETING November 24, 2015 Council met on Tuesday, November 24th, 2015 at 5:10 p.m. for the purpose of considering Regular Business matters. All members of Council were present. The National Anthem was sung by Abby Etling. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Craitor, seconded by Councillor Strange that the minutes of the November 10th, 2015 meeting be approved, as printed. Carried Unanimously * * * * * DISCLOSURE OF PECUNIARY INTERESTS Councillor Morocco indicated a pecuniary interest with cheque number 388744, made payable to her spouse. Councillor Pietrangelo indicated an indirect pecuniary interest with a transfer made to the Niagara Catholic District School Board, his employer. Mayor Diodati indicated a pecuniary interest with cheque numbers 388879 and 389118, made payable to himself. * * * * * FIRE MATTERS/ UNFINISHED BUSINESS 5:00 P.M. FS-2015-12 — Fire Dispatch Services The report recommends that staff report back to Council on emergency dispatch and radio once a full evaluation has been conducted. Regional Councillor Bob Gale outlined the previous efforts and studies related to consolidating emergency dispatch. He wanted productive dialogue to begin on the issue and recommendations to not "collect dust on a shelf". Deputy Chief, NRPS, Joe Matthews outlined the changes in policing, especially dealing with individuals with mental health issues. He also spoke to the Casino Policing Unit. ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that staff report back to Council on emergency dispatch and radio, once a full evaluation has been conducted and that if the Region strikes a steering committee on the matter that Niagara Falls be represented by the Fire Chief and a City Council member. Motion Carried with Councillor Pietrangelo opposed. Council Minutes November 24, 2015 FS-2015-11 - Open Air Burning — Supplementary 2 The report recommends that Council maintain the principles of the existing by-law and make amendments to eliminate wood for use in cooking fires. Kevin Sullivan, a Bridgewater Street resident, gave his opinion on how a permissive by-law could work. ORDERED on the motion of Councillor Strange, seconded by Councillor loannoni that Council maintain the principles of the existing by-law and make amendments to eliminate wood for use in cooking fires and have the Fire Chief continue to dialogue with the campgrounds on preferred burning methods. A recorded vote was requested. Councillor Campbell NAYE Councillor Craitor AYE Councillor loannoni AYE Councillor Kerrio NAYE Councillor Morocco AYE Councillor Pietrangelo ' AYE Councillor Strange AYE Councillor Thomson AYE Mayor Diodati NAYE Motion Carried Memo re: Epinephrine Auto Injectors (Epi-Pens) ORDERED on the motion of Councillor Craitor, seconded by Councillor Pietrangelo that Lori and Joe Brugman be permitted to speak. Carried Unanimously Lori and Joe Brugman, 8674 Lundy's Lane, indicated that their restaurant caters to allergy free products and having Epinephrine Auto-Injectors available can save one's life. They understood staff's recommendation but they appreciated the publicity that had been garnered by Council's deliberations on the issue. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco to receive and file the information. Carried Unanimously DEPUTATIONS/ PRESENTATIONS Niagara Falls Public Library Anne Andres-Jones, Board Member made a presentation to Council outlining the Library's Strategic Plan. ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that Council petition the Province for reinstatement of funding for e-Resources. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange that the presentation be received. Carried Unanimously * * * * * 2 Council Minutes November 24, 2015 REPORTS R&C-2015-16 — Outdoor Pool Audit The report recommends the following: 1. That the Buck Hinsperger small wading pool be decommissioned in 2016. And that staff engage stakeholders to develop a master plan for Chippawa Lions Park to determine possible park improvements including a splash pad, basketball courts, Skateboard Park, playground and additional parking area. 2. That the Niagara Falls Lions Pool be closed for the 2016 summer season and that staff evaluate the impact on the neighbourhood. 3. That City Council refer the recommended projected capital repairs to the 2016 and future capital budget process. And that staff continue to monitor the capital and operating costs for the summer pool operation. 4. That the four outdoor swimming pools operate as follows; • F.H. Leslie and Prince Charles outdoor swimming pools operate from Thursday, June 30 to Sunday, September 4, 2016 (9.5 weeks). • Buck Hinsperger, large pool and SCVFA Pool at E.E. Michelson Park, operate from Thursday, June 30 to Sunday, August 28 (8.5 weeks). ORDERED on the motion of Councillor Craitor, seconded by Councillor Campbell that Paisley Janvary-Pool be permitted to speak. Paisley Janvary-Pool, Recreation Committee member, said the committee would not like to see any pools closed but they understand the financial realities. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that recommendations # 1, 3 and 4 be approved. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that recommendation # 2 be approved. A recorded vote was requested. Councillor Campbell AYE Councillor Craitor NAYE Councillor loannoni NAYE Councillor Kerrio AYE Councillor Morocco AYE Councillor Pietrangelo ' NAYE Councillor Strange NAYE Councillor Thomson NAYE Mayor Diodati AYE Motion Defeated CD-2015-10 — 2016 Council Schedule The report recommends that Council approve the proposed 2016 schedule. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the report be approved as recommended. Carried Unanimously 3 Council Minutes November 24, 2015 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-2015-44 — Monthly Tax Receivables Report - October The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2015-45 — Treasurer's Write Off Report The report recommends that the property tax accounts listed in Table I be written off and expensed in 2015. F-2015-46 — Municipal Accounts The report recommends that Council approve the municipal accounts totaling $31,014,961.22 for the period October 8, 2015 to November 4, 2015. F-2015-38 — 2013 Development Charges The report recommends that Council receive and file the attached financial summaries regarding Development Charges for the 2013 fiscal year. HR-2015-02 — Council/Non-Union Salary Increase The report recommends the following: 1. That Council approve a salary and benefit increase for non-union employees at a similar percentage to unionized staff for fiscal year 2015 and term of Council, subject to annual budget approval and unless otherwise directed. 2. That Council affirm By-law 99-22 by increasing the salaries of the Mayor and Council by a similar percentage to the union/non-union staff in 2015 ( and for the term of Council), subject to annual budget approval and unless otherwise directed. PBD-2015-54 — Commercial Building Improvement Grant The report recommends that Council approve the Commercial Building Improvement Grant Application for 4311-4313 Queen Street (Sal DiPietro) subject to the owner satisfying the program requirements. R&C-2015-15 — Chippawa Willoughby Memorial Arena Capital Plan The report recommends that City Council receive the Arena Five Year Capital Plan report and refer the projected capital repairs to the 2016 — 2020 capital budget process. TS-2015-31 — Canadian Corps of Commissionaires Contract Renewal The report recommends the following: That Council approve a three (3) year extension to the Canadian Corps of Commissionaires (Hamilton) contract for the supply of Parking Control Services and Building Security Services; and That the Mayor and City Clerk be authorized to execute the necessary agreement. 4 Council Minutes November 24, 2015 ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the reports on the Consent Agenda be approved as recommended. Carried Unanimously TS-2015-30 — Supply of 40' Conventional Buses The report recommends that Council approve the purchase of three (3), 40' conventional transit buses from NovaBus. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the report be deferred. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that staff bring back a report on determination of appropriate bus size, i.e., 40 foot buses versus 30 foot one. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati informed Council of his recent trip to China, accompanied by CAO, Ken Todd, and Director of Business Development Serge Felicetti for a major investment announcement around the Thundering Waters development. Mayor Diodati offered condolences to the family of Captain Tim Vail, Niagara Falls Fire Department on his tragic passing; and to Lisa Wall on the passing of her grandmother. Mayor Diodati advised of recent events: Past Grand Knight Banquet, honouring Garry Tappay; Matthew Daniele "Saturday Night Fever Disco Night" Fundraiser; French Flag Raising at Rosberg Park; Cheque Presentation to Thomas Rabak; Grand Openings of Bella's Café and Bake Shop on Queen Street, Edward Jones Branch Opening on Dorchester Road, Morrison Pharmacy and U Need a Pita; Optimist Youth Appreciation Night; Santa Claus Parade; Winter Festival of Lights Opening Night; City of Niagara Falls Volunteer Recognition evening; Remembrance Day Service; La Farina Bakery grand opening; 60th Wedding Anniversary of the Verwey's; Westlane Secondary School 19th Annual Principal's honour roll banquet and Angels everywhere event. Mayor Diodati advised of upcoming events: Toys for Tickets accepted from December 8-11th; Our Lady of Mount Carmel Catholic School 50th Anniversary Open House November 28th 1:00pm; 13th Annual Toys for Tots November 28th Stamford Lions Hall on Portage Road 2-8pm; Niagara Concerts presents Matt Dusk Christmas concert November 28th at 7:30 p.m.; The official opening of Thorold Stone Road Extension November 30th at 3:30 p.m. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Downtown B.I.A requesting use of City boulevard trees for decorative lighting for the holiday season. RECOMMENDATION: For the Consideration of Council. 5 Council Minutes November 24, 2015 2. Regional Municipality of Niagara. — requesting that input on 2016 tax policy. RECOMMENDATION: That Council support the proposed 2016 Regional tax policy. 3. Creative City Network of Ontario — submission related to the Ontario Culture Strategy. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the requests be approved as recommended. Carried Unanimously * * * * * RATIFICATION OF "IN CAMERA" MATTERS ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the recommendations from the November 24th meeting be approved. L-2015-29 — Proposed Transfer to Lundy's Lane United Church Portion of Cemetery Lands That the City proceed with a Court Application for a Judge's Order vesting Parts 11 and 12 on the draft Reference Plan in the name of the Congregation of the Lundy's Lane United Church, or their nominee, and Parts 8 and 10 on the same Plan in the name of The Corporation of the City of Niagara Falls; and That the City request the Congregation of the Lundy's Lane United Church construct or fund a small decorative fence to separate the Lundy's Lane United Church Cemetery lands from the balance of Lots 3, Plan 653, Town of Niagara Falls; and That the City enter into an Encroachment Agreement respecting the stairs on Lowell Avenue with the owner of the Lundy's Lane United Church building. Carried Unanimously * * * * * RESOLUTIONS NO. 39 — THOMSON — PIETRANGELO —THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the 2016 Niagara Icewine Festival as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by-laws be given a first reading. Carried Unanimously 2015-139 A by-law to amend By-law No. 79-200, to permit a vineyard on the Lands that is accessory to a winery located on other lands zoned 1-983 (AM- 2015-009). 6 Council Minutes November 24, 2015 2015-140 A by-law to adopt a Niagara Gateway Economic Zone Community Improvement Plan for Niagara Falls and to repeal By-law 2013-115. 2015-141 A by-law to authorize the execution of a License Agreement with Ontario Power Generation Inc., respecting the use of a portion of its land for a recreational trail. 2015-142 A by-law to amend By-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads.( Stop Signs at Intersections, Yield Signs at Intersections, Parking Prohibited). 2015-143 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. 2015-144 A by-law to authorize the payment of $31,014,865.17 for General Purposes. 2015-145 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24th day of November, 2015. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a second and third reading. Carried Unanimously * * * * * NEW BUSINESS McLeod Rd and Lyon's Creek ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that staff report back on the possibility and process for a connector road between McLeod and Lyon's Creek. Carried Unanimously Fire Station 7 ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that staff provide a report with more detail on the awarding of the RFP related to FS- 2015-10 — Fire Station 7 Design and Engineering. Carried Unanimously Robinson Street/Stanley Avenue ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the Region be requested to investigate either an advanced signal or a dedicated turning lane for vehicles turning left/east on Robinson Street from Stanley Avenue. Carried Unanimously Recognition ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Don Tellier be invited to the December 8th, 2015 Council meeting to be recognized for his Christmas Light Story initiative . Carried Unanimously * * * * * 7 Council Minutes I November 24, 2015 ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the meeting be adjourned at 8:35 p.m. Carried Unanimously * * * * * 2fel! DEAN IORFID , C Y CLERK JAMES M. DIODATI, MA OR 8