03/22/2016 FIFTH MEETING
REGULAR COUNCIL MEETING
March 22, 2016
Council met on Tuesday, March 22nd, 2016 at 4:00 p.m. in a Closed Meeting related to
the items noted in the resolution below. All members of Council except Councillors
loannoni and Morocco were present.
NO. 7 KERRIO DIODATI THEREFORE BE IT RESOLVED THAT on March 22, 2016 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 a matter that falls under s. 239(2)(f),
solicitor-client advice and s. 239(2)(e), litigation or potential litigation related to water
billing 6380 Fallsview Boulevard, a matter that falls under the subject matter of s.
239(c), a proposed or pending acquisition of land, and s. 239(f), advice that is subject
to solicitor-client privilege, related to a property at 7958 Beaverdams Road and a matter
that falls under the subject matter of s. 239(2)(d), labour relations.
Carried Unanimously
Council met on Tuesday, March 22nd, 2016 at 5:10 p.m. for the purpose of
considering Regular Business matters. All members of Council except Councillor
Morocco were present. Councillor loannoni arrived at 6:40 p.m.
Jamie Irish sung the National Anthem
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the minutes of the March 8th, 2016 meeting be approved.
Carried Unanimously
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DISCLOSURE OF PECUNIARY INTERESTS
Councillor Pietrangelo indicated a pecuniary interest with cheque number
392260, made payable to himself.
Councillor Strange indicated a pecuniary interest with cheque number 392289,
made payable to himself.
Mayor Diodati indicated a pecuniary interest with cheque number 392389, made
payable to himself.
Councillor loannoni indicated a pecuniary interest with cheque number 93222,
made payable to herself.
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Recognition
Mayor Diodati recognized Christine Clark Hess for her photo from last year of the
"frozen Falls", which went viral and presented her with a plaque on behalf of Council.
Council Minutes
March 22, 2016
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-2016-10 — Sleep Cheap Event and WonderFalls Pass
The report is recommended for the information of Council.
F-2016-11 — Annual Statement of Remuneration and Expenses
The report is recommended for the information of Council.
F-2016-12 — Municipal Accounts
The report recommends that Council approve the municipal accounts totalling
$12,684,718.23 for the period February 5, 2016 to March 2, 2016.
F-2016-13 — Monthly Tax Receivables Report - February
The report recommends that Council receive the Monthly Tax Receivables report for
information purposes.
MW-2016-02 — Updated Cemetery By-law
The report recommends the following:
1. That the newly prepared Cemetery By-Law, in keeping with recent legislative
changes and Ministry recommendations, be approved.
2. That following City Council's approval and prior to implementation, thirty (30) days
public notice be given, outlining the changes in the new Cemetery By-Law.
MW-2016-12 — Tender Award Contract No. 2016-03, 2016 Asphalt Overlay Phase 1
The report recommends the following:
1. The contract be awarded to the lowest bidder Rankin Construction, with
authorization to spend up to the budgeted amount of$600,000.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
R&C-2016-04 — Niagara Falls Cultural Development Fund
The report recommends the following:
1. That Council approve the Niagara Falls Cultural Development Grant Program
Information and Application.
2. And that Recreation & Culture staff prepare a year-end report to summarize 2016
successful applicants and outcomes.
ORDRED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
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TS-2016-13 —WEGO Purple/Green Line Pilot Initiative
The report recommends that Council approve the WEGO Purple/Green Line Pilot
Initiative, Option A, as outlined in this report.
Margaret Gilbert, President, Transit Union Local 1582, made a presentation to
Council. She still felt that there had not been adequate consultation on the issue. She
outlined the union's proposals related to purple, red and blue lines.
Lori Konrad, a Huron Street resident, outlined that the changes would remove
buses from Huron Street, which services many seniors and people with accessibility
issues. The Director of Transportation Services indicated that it would not be an issue
to keep the buses on Huron, as opposed to diverting them to Queen Street.
ORDERED on the motion of Councillor Campbell, seconded by Councillor
Pietrangelo to allow the OPSEU representative to speak.
Carried Unanimously
Bill Rudd, OPSEU, Niagara parks Commission, indicated that their union would
not want to take jobs away from ATU.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor
that staff and the ATU meet again to explore all options.
Motion Carried
With Councillor Kerrio opposed.
Councillor loannoni arrived to the meeting at 6:40 p.m.
PRESENTATIONS/ DEPUTATIONS
Stair Climb for Cancer
Lori Taraba, Stair Climb Event Co-Chair, and Michelle Begin, Fundraising
Coordinator, addressed Council regarding the Canadian Cancer Society's Stair Climb
for Children's Cancer and requested that April be adopted as Cancer Awareness Month.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that Council enter a team into the event and that April be declared as
Cancer Awareness Month.
Carried Unanimously
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MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to Lri Tice, a city employee on the passing
of her father, Thomson Stokoe; to the family of Mike O'Connor, former TV Cogeco
camera volunteer and to Scott Slack, firefighter on the passing of his mother Betty Jane
Slack.
Mayor Diodati advised of recent events: Niagara Concerts: The Leahys; State of
the Southern Teir: hosted by a collection of Chambers of Commerce' in Niagara.
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Mayor Diodati advised of upcoming events: Good Friday/ Easter Sunday,
SCVFFA Fireman's Park Easter Egg Hunt, March 25th at 11:00 a.m.; Heartland Forest
Family Fun, Saturday March 26th 11:00 a.m.-2:00 pm; Niagara Falls Community
Outreach Spring Fundraising Dinner of Niagara March 30th, tickets available by calling
Oakes Hotel or online niagaracommunityoutreachdinner.com; Grand opening Ron
Alexander Financial Services March 31st at 4:00 p.m.; City of Niagara Falls Art Show
and Competition, March 31st at the Niagara Falls Public Library and Comedy Night
Fundraiser for Niagara Falls Humane Society April 2, at 8:00 p.m.
Councillor Kerrio exited Chambers
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Recreation Committee — requesting that Council allow the proposed fundraising
activity for the Activity Subsidy Fund, on Gale Centre property, approve the
related fee and waive the related business licence requirement.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the request be approved.
Carried Unanimously
2. Niagara Regional Labour Council — requesting April 28th be declared "National
Day of Mourning".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that the request be approved.
Carried Unanimously
Councillor Kerrio returned to Chambers.
3. Senator Wilfred Moore — requesting support for Bill S-203, Ending the Captivity
of Whales and Dolphins Act.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Campbell to receive and file the communication.
Carried Unanimously
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RATIFICATION OF IN CAMERA MATTERS
ORDERED on the motion of Councillor Thomson, seconded by Councillor
loannoni that the recommendations from the March 22nd, 2016 meeting be approved:
L-2016-03 — Prospective City Purchase, 7958 Beaverdams Road
Council determines that it is in the public interest for Staff to negotiate further with the
owner of 7958 Beaverdams Road, in the City of Niagara Falls, in connection with the
possible purchase of 7958 Beaverdams Road, Niagara Falls (the "subject lands")
Carried Unanimously
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A by-law to regulate Open Air Burning within the City of Niagara Falls.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the proposed by-law be received and filed.
Motion Carried
With Councillor loannoni opposed.
ORDERED on the motion of Councillor Strange, seconded by Councillor
Campbell that the existing by-law be maintained and staff look at possible amendments
for nuisance provisions.
Carried Unanimously
Councillor Strange exited Chambers
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PLANNING MATTERS 7:00 P.M.
Public Meeting:
PBD-2016-11 - AM-2016-001, Zoning By-law Amendment Application,
6177 McLeod Road, Applicant: Elaine Asare, Agents: Gary Steenburg, Proposal: Four
Unit Dwelling
Background
Zoning by-law amendment requested to recognize a 4th dwelling unit within the existing
building at 6177 McLeod Road
Lands are zoned Residential Mixed with site specific regulations (R3-669) which permits
a triplex (3 units)
An Open House was held on February 22, 2016. No neighbours attended
Planning Analysis
Official Plan
Designated Residential
Within an intensification corridor intended for densities between 35-150 units per
hectare
The proposal conforms to the Official Plan
Zoning By-law
Site specific departures:
ZONE REGULATION EXISTING REGULATION PROPOSED REGULATIO
Minimum lot area 133 sq. m/unit 130 sq. m/unit
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March 22, 2016
Minimum lot frontage 30 m 17 m
Minimum rear yard 10 m 7.5 m
Minimum interior side yard One-half building height(4.94 m) 1.8 m (west side)
3.0 m (east side)
Maximum projection of a balcony into required 1.8 m 1.9 m
rear yard
Conclusion
The amendment can be recommended for the following reasons:
• The height and density of the proposal complies with the Official Plan
• The existing building is compatible with surrounding development
• The alterations required to the site to accommodate an additional parking space
are relatively minor
Recommendation
That Council approve the Zoning By-law amendment application to rezone the land a
site specific Residential Apartment 5B Density (R5B) zone to recognize the existing 4-
unit dwelling on the property.
The Public Meeting was Closed.
The agent, Gary Steenburg, was present.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Craitor that the report be approved.
Carried Unanimously
Councillor Strange returned to Chambers.
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Kerrio that the by-laws be given a first reading.
Carried Unanimously
2016-24 A by-law to establish rules and regulations for the City of Niagara Falls
municipal cemeteries.
2016-25 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.
2016-26 A by-law to amend By-law No.89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited, Designated Lanes)
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2016-27 A by-law to authorize the payment of $12,684,718.23 for General
Purposes.
2016-28 A by-law to amend By-law No. 79-200, to allow a range of general
industrial uses including a brewery on the lands ( AM-2015-013).
2016-29 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 22nd day of March, 2016.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Kerrio that the by-laws be given a second and third reading.
Carried Unanimously
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NEW BUSINESS
MTO Highway 420 Road Reconstruction
ORDERED on the motion of Councillor Kerrio, seconded by Councillor
Pietrangelo that the Ministry of Transportation's Highway 420 Road Construction and
Bridge Rehabilitation works be conducted outside of the months of July and August and
holiday, long weekends.
Carried Unanimously
Trail on former NS & T Line
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that staff report back on the status of the former bridge on the NS&T rail line.
Carried Unanimously
Crosswalk on McLeod Road
ORDERED on the motion of Councillor Craitor, seconded by Councillor
Pietrangelo that Council support efforts to get a crosswalk on McLeod Road (a Regional
Road) near Wilson Crescent.
Carried Unanimously
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ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange
that the meeting be adjourned at 7:45 p.m.
Carried Unanimously
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DE N IORFID Cl CLERK JAMES M. DIODATI, MAYOR
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