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12/08/2015 TWENTIETH MEETING REGULAR COUNCIL MEETING December 8, 2015 Council met on Tuesday, December 8th, 2015 at 5:05 p.m. for the purpose of considering Regular Business matters. All members of Council were present. The National Anthem was sung by Lauren Kelly. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the minutes of the November 24th, 2015 meeting be approved, as printed. Carried Unanimously * * * * * DISCLOSURE OF PECUNIARY INTERESTS No Disclosures. * * * * * DEPUTATIONS/ PRESENTATIONS OFSAA Gold Medalist Julianne Miszk, was recognized by Council for winning OFSAA para-athlete 3000 metre cross-country race. AMCTO AODA 10th Anniversary Championship Award Brian Kon, a member of the City's Accessibility Committee, was recognized for leadership in bringing awareness on accessibility issues and presented with a plaque. A Christmas Light Story Don Tellier was recognized by Council for his holiday initiative benefitting Project SHARE. * * * * * Council Minutes December 8, 2015 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. F-2015-47 — Approval of Interim 2016 Spending Limits The report recommends that, in the absence of an adopted 2016 General Purposes Budget, City Council approves that City departments be allowed to incur costs to a level of 50% of the departments' expenditure budget of the prior year. MW-2015-34 — QEW Watermain Crossing — Kinsmen to Oakwood Emergency Replacement Project— Engineering Phase The report recommends the following: 1. That staff be authorized to proceed with the engineering design and approvals for the replacement of the watermain crossing the QEW, and; 2. That the 2015 Capital Budget be amended to include this project and be allocated from Capital Reserves, and; 3. That the Mayor and City Clerk be authorized to execute the necessary contract documents and easement agreements MW-2015-39- Lundy's Lane Battlefield Park Landscape Development ( North Side of Lundy's Lane) Tender Award, Contract No., 2015-384-15 The report recommends the following: 1. The contract be awarded to the lowest bidder Seawaves Development Services, Hamilton Ontario, for the tendered price of$235,390.00 plus HST. 2. That the 2015 Capital Budget be awarded to reflect the new costs and revenues. 3. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2015-40 — Driveway Windrow Cleaning The report recommends that the City not institute a windrow cleaning program; and that any individuals, in need of the service, be directed to the program administered by Community Support Services of Niagara. PBD-2015-55 — Matters Arising from Municipal Heritage Committee, Alteration to a Designated Property, 6590 Dunn Street— Spencer Weaver House The report recommends that Council approve the addition of a sunroom/conservatory to the east elevation of the Spence Weaver House at 6590 Dunn Street. TS-2015-34 — RFP for Advertising Opportunities on Handrails and On-Street Waste Receptacles The report recommends the following: 1. That council award the contract for on-street recycling receptacle bins and pedestrian barriers to Creative Outdoor Advertising for a period of five (5) years. 2. That the Mayor and City Clerk be authorized to execute the necessary Agreement. 2 Council Minutes December 8, 2015 TS-2015-36 — Taxi Platform Lease Agreement The report recommends the following: 1. That Council approve the award for the Bus Terminal Taxi Platform Lease Agreement to Coventry Connections Inc. for a five year term. 2. That the Mayor and City Clerk be authorized to execute the necessary Agreement ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that the report be approved as recommended. Motion Carried with Councillor Pietrangelo opposed to MW-2015-40. * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Kenny Nalezinski, brother of Kathy Petonoquot, a city employee and to former Councillor Janice Wing, on the passing of her father-in- law, Layton Colclough. The Mayor advised of recent events: Skylon 50th Anniversary Celebration, Our Lady of Mount Carmel Catholic 50th Anniversary, 13th Annual Toys for Tots at Stamford Lions Hall, Niagara Concerts presentation of Matt Dusk Christmas Concert, the official opening of Thorold Stone Road Extension, the Fire Department Long Service Medal Ceremony and Linus Hand's Production of Mary Poppins. Mayor Diodati advised of upcoming events: Toys for Tickets and the Community Skate for Fourth Avenue and area residents. * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. National Eating Disorder Information Centre (NEDIC) — requesting that February 1st — 7t , 2016 be proclaimed as "Eating Disorder Awareness Week" RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the request be approved as recommended. Carried Unanimously * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a first reading. Motion Carried with Councillor Craitor opposed to 2015-148 2015-146 A by-law to amend By-law No. 79-200, to add a three storey, 9 unit apartment building a permitted use on the Lands (AM-2015-007). 3 Council Minutes December 8, 2015 2015-147 A by-law to authorize the execution of a Section 37 Agreement with 2451513 Ontario Inc. pursuant to Section 37 of the Planning Act respecting the provision of certain facilities, services and matters by 2451513 Ontario Inc. in return for an amendment to By-law No. 79-200 for an increase in density to allow the development of a three storey, nine unit apartment building on lands owned by 2451513 Ontario Inc. and located on Huron Street, in the City of Niagara Falls. 2015-148 A by-law to provide for the adoption of Amendment No. 121 to the City of Niagara Falls Official Plan (AM-2014-004). 2015-149 A by-law to amend By-law No. 79-200, in accordance with a Decision issued by the Ontario Municipal Board dated November 17, 2015, to rezone the Lands to a site-specific R5C zone to permit the development of two apartment buildings having a total of 154 dwelling units (AM-2015-04). 2015-150 A by-law to amend By-law No. 79-200, to regulate the development of a commercial plaza on the Lands (AM-2015-008). 2015-151 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. 2015-152 A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. 2015-153 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 2015-154 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of December, 2015. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Craitor that the by-laws be given a second and third reading. Motion Carried with Councillor Craitor opposed to 2015-148 NEW BUSINESS Fernwood Subdivision ORDERED on the motion of Councillor Thomson, seconded by Councillor by Councillor loannoni that a stop sign be installed at the intersection of Fernwood, Hendershot Blvd and Fiddlehead Lane. Carried Unanimously 4 Council Minutes December 8, 2015 Hendershot Trail ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the trail be added to the snow clearing list. Carried Unanimously * * * * * ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the meeting be adjourned at 5:45 p.m. Carried Unanimously * * * * * Di L_-- DEAN IORFID A , CI CLERK JAMES M. DIODATI, MAYOR 5