10/25/2016 FOURTEENTH MEETING
REGULAR COUNCIL MEETING
October 25, 2016
Council met on Tuesday, October 25, 2016 at 4:00 p.m. in a Closed Meeting
related to the items noted in the resolution below. All members of Council were present
29 -STRANGE — DIODATI - THEREFORE BE IT RESOLVED THAT on October 25,
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)(e), litigation or potential litigation related to assessment at 6380 Fallsview
Boulevard, matters that fall under s. 239(2)(c), a proposed disposition or acquisition of
land pertaining to Part 2 on Reference Plan 59R-12527, being vacant land on Montrose
Road, and lands at Montrose and Biggar Roads, respectively, matters that fall under s.
239(2)(f), advice that is subject to solicitor-client privilege related to the Thundering
Waters Secondary Plan and a personnel issue and a matter that falls under s.
239(3)(b), an ongoing investigation respecting the municipality by the Ombudsman
appointed under the Ombudsman Act.
Motion Carried
with Councillor Craitor opposed to the matter related to Thundering Waters Secondary
Plan being dealt with in closed session.
Council met on Tuesday, October 25, 2016 at 5:25 p.m. for the purpose of
considering Regular Business matters. All members of Council were present.
* * * * *
Sofia Cafarelli sang the National Anthem.
* * * * *
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor
that the minutes of the September 27, 2016 meeting be approved.
Carried Unanimously
* * * * *
DISCLOSURE OF PECUNIARY INTERESTS
Councillor Kerrio indicated a pecuniary interest with report MW-2016-43, as he
owns property that will be affected.
Councillor Pietrangelo indicated a pecuniary interest with two wire transfers
made to the Niagara Catholic District School Board, his employer, 0000-004 and 00045-
002 and to report R&C-2016-13.
Councillor Morocco indicated a pecuniary interest to cheque number 397918,
made payable to her spouse.
Councillor Craitor indicated a pecuniary interest to cheque number 397868,
made payable to himself.
Mayor Diodati indicated a pecuniary interest to cheque 398205, made payable to
himself.
* * * * *
Council Minutes
October 25, 2016
REPORTS
R&C-2016-15 — Update on Niagara Falls Cultural Development Fund
The report is recommended for the information of Council.
Dino Fazio, Co-Chair of the Arts & Culture Committee spoke about the first year
of the fund. Recipients Debra Attenborough and Shelley Glicca spoke to how the fund
benefitted their respective events.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the report be approved as recommended.
Carried Unanimously.
MW-2016-43 — Victoria Avenue Streetscape Project, Phase 2
The report recommends the following:
1. That staff be authorized to engage the services of CIMA and O'Connor Mokrycke
Consultants and Moon Matz Ltd. To complete the engineering design and contract
documents for Phase 2 of the project; and
2. That an expenditure amount of $365,000 for the engineering be approved.
3. That staff be directed to prepare Phase 2 construction cost estimates for Council's
consideration in the 2017 Capital Budget.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Craitor that the report be approved as recommended.
Carried Unanimously
Inter Municipal Transit
Dennis Kar, Dillon Consulting made a presentation to Council on the efforts and
next steps related to Inter-Municipal Transit.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the presentation be received for information and referred to staff.
Motion Carried
With Councillor Thomson opposed.
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-2016-38Report Major Tax Receivables (Sept)
The report recommends that Council receive the Monthly Tax Receivables report for
information purposes.
2
Council Minutes
October 25, 2016
F-2016-39 — Cancellation, Reduction or Refund of Taxes
The report recommends that Council approve the cancellation, reduction or refund of
taxes on the various accounts per the attached summary and granted to the property
owners listed.
F-2016-40 — Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$18,114,285.60 for the period September 9, 2016 to October 7, 2016.
PBD-2016-54- AM-2010-007, Removal of a Hold zone, 6158, 6174 & 6180 Main
Street. Applicant: Noval Developments (9469699 Canada Corp.) Removal of
Holding (H) Regulations
The report recommends that Council pass the by-law appearing on tonight's agenda to
lift the holding (H) regulation from the subject lands which are currently zoned R4 (H)-
916, effective on the date of the receipt by the City of the acknowledgement of the filing
of the Record of Site Condition (RSC) for the lands from the Provincial Ministry of the
Environment and Climate Change (MOECC).
PBD-2016-56 — PLC-2016006, Removal of Part Lot Control, Chippawa West Phase
2 Lots 20, 39,49, 47 & 48 and Blocks 58-61 (Inclusive), 63 and 66. Applicant:
Mountainview Homes
The report recommends that Council approve the request and pass the by-law included
in tonight's agenda to designate Lots 20, 39, 40, 47 and 48 and Blocks 58-61
(Inclusive), 63 and 66 Registered Plan 59M-426, as exempt from Part Lot Control for a
period of two years.
PBD-2016-57 — DOW-2016-004, Façade Improvement Grant, 4663 & 4671 Queen
Street. Applicant: Zoran Trifkovic
The report recommends that Council approve the Façade Improvement Grant
Application for 4663 & 4671 Queen Street, subject to the owner satisfying the program
requirements.
R&C-2016-12 — Niagara Falls Lions Club Lease Agreement
The report recommends that Council authorize the Mayor and City Clerk to act on the
behalf of the City to execute the Lions Club of Niagara Falls (Ontario), Canada Inc.
lease agreement.
TS-2016-01 — Railway Grade Crossing Regulations
The report is recommended for the information of City Council.
TS-2016-33 — Bender Street at Palmer Ave — Removal of Left Turn Restriction
The report recommends that the left turn prohibition facing southbound motorists on
Palmer Avenue at Bender Street be removed.
TS-2016-37 — Fourth Avenue — Traffic Operations Review
The report recommends the following:
1. Heavy vehicles, including buses, be prohibited on Fourth Avenue north of Bridge
Street;
2. The heavy vehicle restriction include an "Up to $5,000 Fine" tab;
3. That the existing speed humps on Fourth Avenue and Hamilton Street remain in
place;
4. The driveways to the Gale Centre from Fourth Avenue remain open at this time;
5. Recreation Staff embark on an awareness campaign to notify all arena users and
permit holders to use Thorold Stone Road;
6. Transportation Staff monitor the traffic operations for the upcoming season; and,
3
Council Minutes
October 25, 2016
7. The Gale Centre Access/Multi-Purpose Trail Municipal Class EA be completed
taking into account the recommendations in this report.
TS-2016-40 — Dorchester Road — U Turns Prohibition
The report recommends the that a No U-Turns sign be posted facing northbound
motorists on Dorchester Road at the end of the centre median island next to Optimist
Square.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor
Pietrangelo that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
MW-2016-42 — Cemetery Services Update, Capital Budget
The report recommends the following:
1. That Council receives this report for information.
2. That funding to implement the proposed projects identified in this report be referred
to the 2017 Capital Budget for consideration.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Morocco that staff report back on the process to de-designate the former Recreation
Building at 7565 Lundy's Lane.
Motion Carried
With Councillor Pietrangelo opposed.
R&C-2016-13 — Athletic Fields Update
The report recommends the following:
1. To authorize City staff to enter into negotiations with both DSBN and NCDSB to
develop a Memorandum of Understanding (MOU) to build an artificial turf field at
AN Myer School and at St. Paul/EE Mitchelson Park. Terms of the MOU to be
outlined in a future Council report; and
2. To present a future report to consider the removal of the two multi-purpose fields,
installation of two ball diamonds and gravel parking area at Patrick Cummings
Memorial Sports Complex/Chippawa Arena;
ORDERED on the motion of Councillor Strange, seconded by Councillor
Campbell that the recommendation report be approved with the following additional
recommendations:
3. That Staff work in a true partnership with the DSBN to contribute to a facility that
meets community needs and includes a multi-purpose field for football, baseball,
soccer and rugby; and
4. The Mayor and a couple of councillors be involved in the negotiations with the
school boards related to athletic fields to ensure that community and school
board needs are being met.
Carried Unanimously
With Councillor Pietrangelo declaring a conflict.
4
Council Minutes
October 25, 2016
R&C-2016-14 — John McCall MacBain Naming Request
The report recommends that Council approve the request to recognize John MacBain
and to name the first section of the Millennium Trail, "The John McCall MacBain
Pathway".
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Strange that the report be approved and that November 18th be recognized as John
McCall MacBain Day in the City of Niagara Falls.
Carried Unanimously
* * * * *
PRESENTATIONS/ DEPUTATIONS 6:00 P.M.
Ontario Baseball Association Champions
The Niagara Falls Minor "A" Peewee Falcons and the Niagara Falls Minor "A"
Mosquito Falcons Baseball Teams were recognized for winning Provincial
championships.
Matthew Daniele Memorial Fundraiser
Chris Daniele informed Council of the upcoming Matthew Daniele Memorial
Hawaiian Luau Fundraiser event, November 12, 2016.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that Council purchase a table for the event.
Carried Unanimously
Life Saving Effort
Council recognized Joe Gagliardi, City employee, for his life saving efforts at the
Welland River.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that this be referred to staff for appropriate staff recognition.
Carried Unanimously
* * * * *
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati advised of recent events: the business trip to Romania, Inter-municipal
Transit public consultation meetings, Niagara Falls Prayer Breakfast, Police Building
opening, Mayor and CAO's office has intern for 6 months, Kevin McPhillips.
Mayor Diodati advised of upcoming events: Arts & Culture Wall of Fame and the Grand
Opening Buried Treasure Café.
Mayor Diodati extended condolences to family of Vernon Jordan, brother of Brenda
Jordan, City employee, the family of Carl Hewiit, retired City employee, Clare Dahmer,
retired City employee, Frank Pietrangelo, retired City employee and Uncle to Councillor
5
Council Minutes
October 25, 2016
Pietrangelo, Rick Allan Dunn, uncle to City Clerk Dean lorfida, Barry Snyder, retired City
employee, and Joan Ruddell mother of Colin Ruddell, retired Deputy Fire Chief.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Campbell that staff report back on municipal best practices for funding out of country
economic development trips, including the possibility of establishing a fund within the
Business Development Budget or using OLG funds.
Carried Unanimously
* * * * *
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Steve Soos — requesting Council support a motion calling on the Attorney General
of Ontario and College or Veterinarians of Ontario and ask for a more severe penalty
for animal abuse by veterinarians.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the request be approved.
Carried Unanimously
2. Regional Municipality of Niagara — recommendations from the Transportation
Steering Committee re: airport operations.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio to
receive and file the communication.
Carried Unanimously
3. Metis Council - requests that the Metis flag be flown the week of November 16th
2016.
RECOMMENDATION: For the information of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the request be approved.
Carried Unanimously
RESOLUTIONS
NO. 30- PIETRANGELO — MOROCCO- WHEREAS The Bank of Nova Scotia requires
The Corporation of the City of Niagara Falls to execute a Guarantee of the
indebtedness and liability of Niagara Falls Hydro Holding Corporation, to the said bank.
Carried Unanimously
NO. 31— PIETRANGELO — MOROCCO - THEREFORE BE IT RESOLVED that to
ensure the City's and Region's objectives of job retention and creation, investment and
economic development are respected and incorporated into the process and weighted
just as strongly as revenue or greater in the RFP and the municipality is involved in the
structure of the RFPQ and RFP, Council strongly requests this RFPQ be postponed
until the City's goals and objectives are incorporated and we are treated as key partners
in the process.
Carried Unanimously
6
Council Minutes
October 25, 2016
Councillor loannoni and Pietrangelo exited Chambers.
* * * * *
RATIFICATION OF "IN CAMERA' MATTERS
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the recommendations from the October 25, 2016 meeting be approved, as follows:
L-2016-23 — Results of Tender of City Owned Land Montrose Road
That the Offer to Purchase Part 2 on Reference Plan 59R-13537, being vacant land,
Montrose Road, from Demar Construction Ltd. for the purchase price of $725,000.00 be
accepted.
That the Mayor and Clerk be authorized to execute any documents required to complete
the sale of Part 2 on Reference Plan 59R-13537 to Demar Construction Ltd. for the
purchase price of $725,000.00.
L-2016-24 — Thundering Waters MOECC Delegation of Indigenous Engagement
That the City decline to enter a Communications Agreement with the Haudenosaunee
Development Institute.
That the City agree to engage in without prejudice discussion with any First Nation that
expresses an interest in the Thundering Waters Secondary Plan process.
That the City agree that the discussions carried out pursuant to Recommendation No. 2
above, do not constitute consultation with the Crown unless the First Nation involved in
the discussions agrees to recognize the discussions to constitute such consultation.
Carried Unanimously
Councillor loannoni returned to Chambers.
* * * * *
BY-LAWS
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange
that the by-laws be given a first reading.
Carried Unanimously
Councillor Pietrangelo returned to Chambers .
2016-108 A by-law to regulate the supply of water and to provide for the
maintenance and management of the waterworks and for the imposition
and collection of rates for the use of water and water related services.
2016-109 A by-law to establish Part 1 on Registered Plan 59R-15670 as a public
highway to be known as, and to form part of, Oakwood Drive.
2016-110 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.
7
Council Minutes
October 25, 2016
2016-111 A by-law to amend By-law No. 2010-131 to remove the holding symbol (H)
on the Lands on the north side of Main Street through to Robinson Street,
to permit the use of the Lands for townhouse dwellings. (AM-2010-007).
2016-112 A by-law to amend By-law Nos. 79-200 and 2011-68, to permit the use of
the Lands for a 24 unit block townhouse dwelling complex and 4 on street
townhouse dwelling units (AM-2016-016).
2016-113 A by-law to designate Lots 20, 39, 40, 47 & 48 and Blocks 58-61
(Inclusive), 63 and 66, Registered Plan 59M-426 (Chippawa West Phase
2 Subdivision), not be subject to part-lot control (PLC-2016-006).
2016-114 A by-law to authorize the execution of an agreement with Lions Club of
Niagara Falls (Ontario) Canada, Inc. respecting a lease of certain lands
and premises municipally known as 4981 Drummond Road.
2016-115 A by-law to authorize the execution of an agreement with Dr. Mondeesh
Sidhu, respecting the physician's commitment to practice medicine in the
City.
2016-116 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stopping Prohibited, Loading Zones, Taxi
Stands)
2016-117 A by-law to authorize the payment of $18,114,285.60 for General
Purposes.
2016-118 A by-law to establish Part 3 on Registered Plan 59R-15104 as a public
highway to be known as, and to form part of, Butternut Boulevard.
2016-119 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 25th day of October, 2016.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the by-laws be given a second and third reading.
Carried Unanimously
NEW BUSINESS
Niagara District Airport Committee
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that Council advance 2017 capital funding related to emergency repairs to
hydro poles at the airport.
Carried Unanimously
No Trespassing Sign
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange
that a No Trespassing Signs be placed on municipally owned property currently being
used for hunting.
Carried Unanimously
8
Council Minutes
October 25, 2016
Letter of thanks
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that a letter be sent to Joe Miszk of Betty's Restaurant for donation pies to a
fundraiser for Alex Luey.
Carried Unanimously
Cross Walk
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that staff report on a cross walk on McLeod Road near the Boys and Girls
Club for consideration in the 2017 budget.
Carried Unanimously
Cottage Rental Dwellings
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that staff report back on the issue of regulating Cottage Rental Dwellings.
Carried Unanimously
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Thomson that Michael Massoom, owner of the property on Delta Drive be permitted to
speak.
Carried Unanimously
Michael Massoom spoke to his AirBnB operation, the provisions he has in place
and his community involvement.
Staff advised that the operation is contrary to the Zoning By-law, the owner has been
advised, accordingly, and charges have been laid.
Toronto Power Station Building
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that in conjunction with the Niagara Parks Commission, that the Federal
government be petitioned to provide funds to restore the Toronto Power Station Building
in conjunction with Canada's 150th Anniversary.
Carried Unanimously
Staff Complement
ORDERED on the motion that staff provide report in conjunction with the 2017
budget process regarding expanding the complement to keep up with infrastructure
needs.
Carried Unanimously
OREDERED on the motion of Councillor Kerrio, seconded by Councillor
Thomson that the meeting be adjourned at 9:55 p.m.
Carried Unanimously
* * * * *
‘,/ ,---e --
DEAN IORFI , CI Y CLERK JAMES DIODATI, MAYOR
9