11/28/2017Niagara � MINUTES
�? � City Council Meeting
■-*a�js Tuesday, November 28, 2017 Council Chambers
J CANADA 5:OOPM
COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor,
Councillor Vince Kerrio, Councillor Joyce Morocco, Councillor Victor
Pietrangelo, Councillor Mike Strange, and Councillor Wayne Thomson
COUNCIL ABSENT: Councillor Carolynn loannoni
COUNCIL LATE:
1 IN CAMERA SESSION OF COUNCIL - 4 P.M.
a) Property Matters
2 CALL TO ORDER
O Canada sung by Samantha Antonio
3 ADOPTION OF MINUTES
Council Minutes of October 24, 2017
a) ORDERED on the motion of Councillor Morocco, seconded by
Councillor Craitor that the minutes of October 24th, 2017 be approved
as printed.
Carried Unanimously
4 DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made
for the current Council Meeting at this time.
a) Councillor Thomson indicated a conflict with report CAO -2017-07.
b) Councillor Kerrio indicated a conflict with reports CAO -2017-07 and In
Camera report L-2017-29.
c) Councillor Pietrangelo indicated a conflict with report L-2017-27 and
report TS -2017-36.
d) Councillor Craitor indicated a conflict with In Camera report L-2017-26
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City Council
November 28, 2017
and cheque number 409118 and 410000.
e) Mayor Diodati indicated a pecuniary interest to cheque number 409730,
made payable to himself.
DEPUTATIONS /PRESENTATIONS
a) Recognition of Frank LaPenna
Mayor Diodati recognized Frank LaPenna for his years of service with
the Victoria Centre BIA and presented him with an award.
b) Trees on Private Property
Andrea Giacometti addressed Council on the issue of trees on private
property and the request to adopt a City by-law to address maintenance
of such trees.
ORDERED on the motion of Councillor Thomson, seconded by
Councillor Craitor that staff prepare a report to Council on any possible
best practices that are utilized by other municipalities that would address
issues that residents have with the maintenance of trees on private
property, including the possibility of creating a by-law that would provide
for enforcement.Carried Unanimously
c) Metrolinx
Erin Moroz and Leon Stambolich, provided an overview on the
expansion with the Niagara Region's GO Implementation.
ORDERED on the motion of Councillor Morocco, seconded by
Councillor Craitor to receive the presentation.
Carried Unanimously
d) Honk Mobile
A presentation will be made regarding the launch of the Pay by Phone
Parking App.
ORDERED on the motion of Councillor Campbell, seconded by
Councillor Thomson that the presentation be received.
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City Council
November 28. 2017
Carried Unanimouslv
6 REPORTS
a) F-2017-34
2016 Consolidated Financial Statements
ORDERED on the motion of Councillor Morocco, seconded by
Councillor Thomson that the report be approved as recommended.
Carried Unanimously
b) TS -2017-36
Booth Street -Parking Review Post Implementation
Robert Hird,addressed Council outlining his concerns.
Luisa Carbonara addressed Council outlining the safety concerns she
had.
ORDERED on the motion of Councillor Thomson, seconded by
Councillor Morocco that staff initate the placment of a Crossing guard at
Orchard Parkway and Booth Street as well as provide sidewalk
snowploughing in the area surrounding Cardinal Newman School.
Carried Unanimouslv with Councillors Craitor and Pietrangelo declaring
conflicts
c) MW -2017-48
St. John's Marsh Drain Project
Final Engineer's Report
Nick Golia, Project Manager, Municipal Works dept, made a brief
presentation to Council.
David White, an assessed property owner addressed Council on the St.
John's Municipal Drain.
Representatives from Spriet Associates, who prepared the Engineer's
Report on the St. John's Municipal Drain, were in attendance to answer
questions.
ORDERED on the motion of Councillor Morocco, seconded by
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City Council
November 28, 2017
Councillor Craitor that the report be approved as recommended.
Motion Carried with Councillors Strange and Pietrangelo opposed.
7 PLANNING MATTERS
a) Public Meeting
AM -2017-013, Zoning By-law Amendment Application
6410 Orchard Avenue
Proposal: Dulex Dwelling
Applicant: Giura Bros. Inc.
Background Report: PBD -2017-41
The Director of Planning and Development provided a powerpoint
presentation.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Strange, seconded by Councillor
Thomson that the report be approved as recommended. Carried
Unanimously
b) Public Meeting
Official Plan Amendment No. 125
Niagara Region -and City -initiated Amendment
GO Transit Station Secondary Plan
Background Report: PBD -2017-40
The Director of Planning and Development provided a powerpoint
presentation.
Paddy Kennedy from Dillon Consulting provided a presentation.
Various members of the public made enquiries to the secondary plan.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Kerrio that the report be approved as recommended. Carried
Unanimously
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City Council
November 28, 2017
c) L-2017-29
Permanently Close and Declare Surplus
Part 2 on Reference Plan 59R12161
Part of a Road Allowance between Concession 1 and
Broken Front Concession Niagara River, North Side of Weaver Road
Our File No. 2017-178
The report recommends:
In the event that Council determines that it is in the public interest to do
so, that Part of the Road Allowance between Concession 1 and Broken
Front Concession Niagara River, in the Former Township of Willoughby,
being Part 2 on Reference Plan 59R12161, (hereinafter referred to as
the "Subject Lands") as shown in red on the attached location map, be
permanently closed and declared surplus to the City's needs.
That any sale of the Subject Lands be conditional upon the lands
conveyed being merged in title with the abutting lands.
That the Mayor and Clerk and City Solicitor, be authorized to take
whatever steps and sign whatever documents are required to carry out
Recommendations 1 and 2 above.
ORDERED on the motion of councillor Thomson, seconded by
Councillor Pietrangelo that the report be approved as recommended.
Carried Unanimously
8 REPORTS/PRESENTATIONS
a) R&C-2017-16 -Cultural Hub &Farmers' Market Status Update
Megan Torza, DTAH made a presentation to Council.
ORDERED on the motion of Councillor Campbell, seconded by
Councillor Pietrangelo that the report be approved as recommended.
Carried Unanimously
81. 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.
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City Council
November 28, 2017
CAO -2017-07 Transient Accommodation Tax (a.k.a. Hotel Tax)
The report recommends the following:
1. That the City of Niagara Falls implement a Transient Accommodation Tax of
4% commencing April 1, 2018; and
2. That staff report back on the details related to the implementation and
collection of the tax, subsequent to stakeholder engagement related
implementation of the tax.
ORDERED on the motion of Councillor Craitor, seconded by Councillor
Morocco that the recommendations within report CAO -2017-07 be approved in
principle with the addition of having a stakeholders public meeting to gather
input prior to implementing a transient accommodation tax.
Motion Carried with Councillor Thomson and Kerrio declaring a conflict
CD -2017-05 - 2018 Council Schedule
That Council approve the proposed 2018 Council Schedule.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Craitor that the June 12th meeting be moved to June 19, 2018 and the
remainder of the schedule be approved as recommended.
Carried Unanimously
CD -2017-04 -Update Report - 2018 Municipal Election
The report recommends:
That Niagara Falls City Council receives report CD -2017-04, Update Report —
2018 Municipal Election, for information.
CAO -2017-06 -Memorandum of Understanding -Consolidated Transit
Model for Niagara.
That Council hereby adopts the Memorandum of Understanding (MOU)
between the City of Niagara Falls, the City of St Catharines, the City of Welland
and the Region of Niagara or a Consolidated Transit Model in Niagara; and
The Mayor and Clerk be authorized to sign the MOU.
F-2017-39 -Monthly Tax Receivables Report -October
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City Council
November 28, 2017
That Council receive the Monthly Tax Receivables report for information
purposes.
F-2017-40 -Municipal Accounts
That Council approve the municipal accounts totaling $41,056,258.31forthe
period October 4, 2017 to November 8, 2017.
L-2017-27 -Commercial Parking Lots, Improvement Project. Our File No.
2014-97
Council pass an amending by-law to Schedule 11 — "Commercial Parking Lots"
of the City's Licensing By-law No. 2001-31, to require commercial parking lots
to be paved, to clarify the required setbacks, and to be drained by drainage
works satisfactory to the Director of Municipal Works.
L-2017-28 -Permission to enter Agreements with the Region of Niagara.
Our File No. 2012-151
That the Director of Municipal Works be authorized to execute agreements in a
form acceptable to the City Solicitor, permitting Niagara Regional Staff to enter
City owned lands, in the course of their duties.
L-2017-30 -Lot Drainage Problems. Our File No. 2007-338
That an In Camera education session of Council be held, pursuant to section
239(3.1) of the Municipal Act, 2001, early in the new year, to receive
information about the law concerning the drainage of land and the legal
mechanisms available to Council to address such issues.
L-2017-31 -RFP for Integrity Commissioner(s). Our File No. 2017-180
That the City of Niagara Falls issue a Request for Proposal seeking an Integrity
Commissioner(s).
MW -2017-47 -Chippawa West Phase 2 Subdivision Update
The report recommends the following:
That Council approve the early assumption of the Stormwater Management
Pond Block as outlined in this report; and
That Council approve the return of Part 2 of Block 92 to Queensway Chippawa
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City Council
November 28, 2017
Props. Inc., as three separate lots.
MW -2017-50 -Tennis and Basketball Service Delivery Review
The report recommends:
Council adopt the recommendations of the City of Niagara Falls Tennis and
Basketball Service Delivery Review.
That funding to implement the recommendations be referred to the 2018
Capital Budget deliberations.
PBD -2017-34 - AM -32/2005, Zoning By-law Amendment Application
Chippawa West Phase 2 -Stage 4 Plan of Subdivision, Applicant:
Queensway Chippawa Properties Inc.
(Metrus Developments), Removal of Holding (H) Symbol
The report recommends:
That Council pass the by-law appearing on tonight's agenda to remove the
holding (H) symbol from the subject lands, which are currently zoned R3(H)-
760, to permit another stage of the Chippawa West subdivision to be
developed.
R&C-2017-13 -Canada Summer Games Baseball Complex
The report recommends:
To receive and refer the W.L. Houck and Oakes Park, Canada Games
Baseball Training and Competitive Complex, Legacy Project proposal to the
2018 capital budget process.
To allow staff to enter into a revised non-binding Memorandum of
Understanding (MOU) with the Canada Summer Games 2021 Host Society.
R&C-2017-15 -Coronation 50 Plus Recreation Centre Liquor License
Endorsement
The report recommends:
That Council endorses the Coronation 50 Plus Recreation Centre application to
obtain a year round liquor sales license to enhance and introduce new
programming and Special Events.
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City Council
November 28, 2017
R&C-2017-17 -Coronation 50 Plus Recreation Centre membership Fee
Increase
The report recommends:
That Council approve the annual membership fee of the Coronation 50 Plus
Recreation Centre be raised by $1.00 for a total of $31.00 fee effective January
1, 2018.
TS -2017-38 -Royal Manor Drive -Parking Review
The report recommends:
That a parking prohibition be established on both sides of Royal Manor Drive
between a point 75 metres northwest of Dorchester Road and a point 240
metres northwest of Dorchester Road.
TS -2017-39 -Garner Road -Speed Limit Review
The report recommends:
That the speed limit on Garner Road between a point 210 metres north of
Hendershot Boulevard and Thorold Stone Road be reduced from 80 km/h to 70
km/h.
TS -2017-40 -Pettit Avenue -Speed Control Review
The report recommends:
That the speed control plan consisting of six (6) speed cushions on Pettit
Avenue between Dorchester Road and the dead end south of Doreen Drive
and a pedestrian crossover at the northern leg of the Pettit Avenue and Doreen
Drive intersection be approved;
That construction of six (6) speed cushions on Pettit Avenue be referred to the
2018 Capital Budget deliberations; and,
That the yield sign on Crawford Street, Glenayr Avenue, Palis Crescent and
Sherwood Road at Pettit Avenue be replaced with a stop sign.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor
Councillor Morocco that the reports on the remainder of the Consent Agenda
be approved as recommended.
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City Council
November 28, 2017
Motion Carried with Councillor Pietrangelo opposed to MW -2017-50
9 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
a) Petition for Electoral Wards -See attached letter and petition
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Thomson, seconded by
Councillor Morocco to receive and file the communication. Carried
Unanimouslv
b) Double Hat Fire Fighters -Professional Firefighters who also serve as
Volunteer Firefighters.
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Campbell, seconded by
Councillor Morocco that Niagara Falls support the resolution of the Town
of Niagara on the Lake and ask the Province what steps they are taking
with this matter. Carried Unanimouslv
c) VISTA Pyrotechnics -requesting approval for the annual New Year's
Eve fireworks display at the Skylon tower.
RECOMMENDATION: For the Approval of Council, subject to the
appropriate insurance requirements.
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Strange that the communication be approved.
Carried Unanimouslv
d) Global Legacy Boxing - requesting a flag raising on December 2nd in
association with Canadian -Albanian heritage and support in the event
being held December 1st at the Scotiabank Convention Centre by
purchasing a table ($3000)
RECOMMENDATION: For the Consideration of Council
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City Council
November 28, 2017
ORDERED on the motion of Councillor Thomson, seconded by
Councillor Morocco to approve the flag raising on December 2nd in
association with Canadian -Albanian heritage.
Carried Unanimously
10 MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to Ed and Delma Lustig, on the
passing of their son Christian Lustig, Ed was the former CAO of the City
of Niagara Falls; John Grubich a city employee on the passing of his
mother-in-law Camina lampietro; Dave Sheton, Fire Department on the
passing of his father Dave Shelton; to the family of Norm Leonard a
commissionaire with the City for 17 years; Darrin Coburn a City
employee on the passing of his mother Betty Coburn.
Mayor Diodati advised of recent events: Matthew Daniele Fundraiser;
Remembrance Day Ceremony , Chippawa Arena &Gale Centre;
Volunteer Recognition evening; Grand opening of Level2 at Casino
Niagara; Winter Festival of Lights opening ceremonies; ground breaking
for Claret on St. Paul and Niagara Falls Santa Claus Parade.
Mayor Diodati announced the following: Joyce Morocco received award
for Political Leadership at the Brilliant Mind Women; City of Niagara
Falls awarded at 2017 MarCom Awards; 2nd Cultural Hub &Farmers
Market Public Meeting; Royal Manor Park opening.
11 RATIFICATION OF IN CAMERA MATTERS
a) ORDERED on the motion of Councillor Strange, seconded by Councillor
Morocco that the recommendation from the November 28th, 2017 In
Camera meeting be approved as follows:
Pertaining to Proposed Conveyance of City Owned Lands within the
Montrose Business Park be supported so that
1. Council accept the offers to purchase lands within the Montrose
Business Park for the price of $33,000 an acre. Namely to accept offers
from Ralph Terrio, in trust for a Company to be incorporated as well as
to accept the offer of Andrew Jayden Holdings Inc., on terms to be
confirmed, as per the respective Schedule "A" within reports L-2017-22
and L-2017-25.
2. That the Mayor, Acting City Clerk and City Solicitor be authorized to
take whatever actions and sign whatever documents are required to
complete the transactions.
ORDERED on the motion of Councillor Morocco, seconded by
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City Council
November 28, 2017
Councillor Strange, that the recommendations from the November 28,
2017 In -Camera meeting pertaining to the Niagara Catholic District
School Board's Education Development Charges By-law, 2015 be
supported so that the City of Niagara Falls consent to settle its Appeal of
the Niagara Catholic District School Board's Development Charges By-
law, on the terms described in report 2017-26.
ORDERED on the motion of Councillor Thomson, seconded by Mayor
Diodati, that the recommendations from the November 28, 2017 In -
Camera meeting pertaining to Barker Street School /Drummond Hill
Cemetery be supported so that the Chief Administrative Officer be
authorized to sign a letter addressed to the Meridian Credit Union,
confirming that the City will take appropriate steps to address any
remediation of 6015 Barker Street that is required to be undertaken by
substances migrating from the Drummond Hill Cemetery to 6015 Barker
Street.
Motion Carried with Councillor Kerrio opposed to L-2017-32.
12 BY-LAWS UNDER THE DRAINAGE ACT
The by-law listed below is a provisional by-law and will only have 2 readings on
tonight's agenda
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Campbell that the by-law be given a first reading.
Motion Carried with Councillor Pietrangelo opposed.
a) 2017-130 A by-law to provide for drainage works in the City of Niagara
Falls, in the Regional Municipality of Niagara, known as the St. John's
Marsh Municipal Drain.
ORDERED on the motion of Councillor Thomson, seconded by
Councillor Campbell that by-law 2017-130 be given a second reading.
Motion Carried with Councillor Pietrangelo opposed
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the by-laws be given a first reading.
Carried Unanimously
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City Council
November 28, 2017
2017-131 A by-law to amend Schedule 11 "Commercial Parking Lots" to
By-law No. 2001-31, being a by-law respecting the issuance of licences
in the City of Niagara Falls.
2017-132
to provide for the
A by-law to establish certain lands as
a public highway to be
known
as,
and
to form part of, Heartland
Official
Forest
Road.
Plan
2017-133 A by-law to permanently close part of a highway.
2017-134 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.
2017-135 A by-law
to provide for the
adoption
of Amendment No. 126 to
the City of Niagara
Falls
Official
Plan
(AM -2015-011).
2017-136 A by-law to amend By-law No. 79-200, in accordance with an
Order issued by the Ontario Municipal Board dated September 25,
2017, to permit the use of the Lands for light industrial purposes (AM -
2015 -011).
2017-137 A by-law to amend By-law No. 2006-205, which amended By-
law No. 79-200, to remove the holding symbol (H) on the (ands on the
north side of Willick Road, east and west of Emerald Avenue, to allow
development on a portion of the Chippawa West, Phase 2 Plan of
Subdivision (AM -32/2005).
2017-138 A by-law to repeal By-law No. 94-304, a by-law to require
owners of residential dwelling units, hotels and boarding lodging or
rooming houses to install and maintain proper working smoke alarm
warning equipment in buildings.
2017-139 A By-law to appoint Deputy Lottery Licensing Officers,
repealing By -law No. 2017 - 086.
2017-140 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.
2017-141 A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Stopping Prohibited, Parking
Prohibited, Stop Signs at Intersections, Pedestrian Crossovers)
2017-142 A by-law to authorize the payment of $40,056,258.31 for
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City Council
November 28, 2017
General Purposes
2017-143 A by-law to authorize the execution of an Access Agreement
with FGE Investments Ltd.
2017-144 A by-law to
adopt,
ratify
and
confirm the actions of
City
Council
at
its meeting
held
on
the
28th
day
of
November,
2017.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the by-laws be given a second and
third reading and passed.
Carried Unanimouslv
13 NEW BUSINESS
a) Ice Wine Festival
ORDERED on the motion of Councillor Thomson, seconded by
Councillor Campbell that Council support the Festival January 26, 27,
2018.
Carried Unanimouslv
b) Invite Alex Luey
ORDERED on the motion of Councillor Strange, seconded by Councillor
Morocco that Alex Luey be recognized at the next Council meeting.
Carried Unanimouslv
c) Rail Crossings
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Morocco that staff supply Council with a report on the costs
associated with building an overpass at either Drummond Road or
Portage Road rail crossings as well as the timing of when this work
could be completed.
Carried Unanimouslv
- s� • :►i
ORDERED on the motion of Councillor Strange, seconded by Councillor
Campbell that the meeting be adjourned at 10:05 p.m.
Carried Unanimouslv
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City Council
November 28, 2017
ES DIODATI, I�QAYOR
BILL MATSON, ACTING CITY
CLERK
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