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12/12/2017Niagara � MINUTES ]�? � City Council Meeting /"+a��s' Tuesday, December 12, 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 4:30 P.M. a) Property Matter ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council go into an In Camera session. Carried Unanimously 2 CALL TO ORDER a) O Canada sung by Maia Pavone b) Dave Smith, a Commissioner for the City of Niagara Falls read a poem. 3 ADOPTION OF MINUTES Council Minutes of November 28, 2017 a) ORDERED on the motion of Councillor Craitor, seconded by Councillor Pietrangelo that Council reconsider the motion on November 28th, 2017 regarding CAO -2017-07. Motion Carried with Councillors Kerrio and Thomson declaring a conflict CAO -2017-07 Transient Accommodation Tax (a.k.a. Hotel Tax) ORDERED on the motion of Councillor Craitor, seconded by Councillor Morocco that Implemenetation of the tax be deferred and no action is taken until complete consultation has taken place with all the Page 1 of 9 City Council December 12, 2017 stakeholders. Motion Carried with Councillors Kerrio and Thomson declaring a conflict. 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 Craitor declared a conflict with report CD -2017-06 as he is involved with one of the organizations. 5 DEPUTATIONS /PRESENTATIONS a) Alex Luey On behalf of Council, Mayor Diodati recognized Niagara Falls resident Alex Luey for his strength, courage and dedication and presented him with a token from the City. b) Recognition of student artists Mayor Diodati recognized contributing student artists to the 150th edition of the Mayor's Christmas Card. c) Recognition of Heart Niagara's 40th Anniversary On behalf of Council, Mayor Diodati recognized Dr. Dobbin and Councillor Thomson for their work and service at Heart Niagara. d) 150th Year of Celebrations Chris Dabrowski and the Canada 150 Committee updated Council on the happenings of the year. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the presentation be received. Carried Unanimously e) Niagara Parks Commission Janice Thomson, Chair of the NPC made a presentation on the NPC's new Strategic Plan. Page 2 of 9 City Council December 12, 2017 ORDERED on the motion of Councillor Strange, seconded by Councillor Kerrio that the presentation be received. Carried Unanimouslv f) Niagara Region Composition of Council Mayor Douglas Joyner of the Township of West Lincoln addressed Council pertaining to the proposed change to increase the composition of Regional Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that the Council of the City of Niagara Falls consents to the passage of By-law No. 2017-108 of the Regional Municipality of Niagara, being a by-law to increase the composition of the Regional Council by adding an additional Councillor for the Township of West Lincoln. Carried Unanimouslv g) Capital Budget Councillor Pietrangelo chaired the budget portion of the meeting. Todd Harrison, Director of Finance made a presentation to Council outlining the capital budget. ORDERED on the motion of Mayor Diodati, seconded by Councillor Thomson that the Capital Budget be approved. Carried Unanimouslv Councillor Pietrangelo stepped down as Chair 7:00 p.m. 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. CD -2017-06 Update on Licenced Charitable Bingo Operations The report recommends that Niagara Falls City Council receives report CD - 2017 -06, Update on Licenced Charitable Bingo Operations, for information. Page 3 of 9 City Council December 12, 2017 F-2017-41 -Approval of Interim 2018 Spending Limits The report recommends that in the absence of an adopted 2018 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. R&C-2017-19 -Niagara Falls Review Renewal Agreement The report recommends that Council authorize the Mayor and City Clerk to act on the behalf of the City to execute the Niagara Falls Review Renewal Agreement to coordinate Advertising Services at City arenas, Gale Centre and Chippawa Arena TS -2017-10 -Parking Rate Strategy Plan and Delegated Authority The report recommends: That Council adopt the Parking Rate Strategy as outlined in this report. That based on the Parking Rate Strategy, the Director of Transportation Services be delegated the authority to adjust parking rates, hours of operation and payment structures to address parking demand needs throughout the year. That the Parking Rate Strategy be approved on a yearly basis. PBD -2017-43 -PLC-2017-002, Request for Removal of Part Lot Control, Lots 17 & 18, Plan 59M-327, Colangelo Estates, Plan of Subdivision, Applicant: Jennifer Kaufman (aka Kenmore Homes Inc.). Agent: Jennifer Vida (Upper Canada Consultants) The report recommends: That Council approve the request to designate Lots 17 and 18, Registered Plan 59M-327, as exempt from Part Lot Control for a period of two years; and The by-law lifting Part Lot Control be deferred until the necessary zoning by- law amendment has been passed for the subject lands. ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that the reports on the Consent Agenda be approved as recommended. Carried Unanimously 6 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Page 4 of 9 E3 City Council December 12, 2017 a) Lundy Manor Wine Cellars —Request for Exemption to the City's Noise By-law RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the request for relief to the City's Noise By-law be approved fora 1 (one) year period. Carried Unanimously b) Twelve Hours of Christmas Event — Seeking a motion from Council to declare this fundraiser an event of Municipal Significance in order to obtain a Special Occasion permit from the AGCO. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the Twelve Hours of Christmas Fundraiser, taking place December 22, 2017, be recognized as a public event of municipal significance. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati offered condolences on the passing of Robert Carpenter, A retired Fire Captain and John Roy Buckner a friend of City Council. Mayor Diodati advised of the following events: Global Legacy Boxing match; 27th Annual Good News Breakfast; Grand opening McFadden Chiropractic; Grand opening Starbucks at Drummond and Lundy's Lane; Grand opening of Canada BW. Mayor Diodati made the following announcements: Legion 479 holiday gift wrap service Dec 1-24; WonderFalls pass successful raising over 30,000 this year ;New Year's Eve at Niagara Falls All Canadian line-up. January 9, 2018 next meeting of Council. RATIFICATION OF IN CAMERA MATTERS a) Councillor Craitor left meeting, did not return. Page 5 of 9 City Council December 12, 2017 b) 1. That the recommendations from the November 28, 2017 In -Camera meeting pertaining to Proposed Conveyance of City Owned Lands within the Montrose Business Park be supported so that: 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. 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. 2. That 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. 3. 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. ORDERED on the motion of Councillor Thomon, seconded by Councillor Strange that the recommendations of In Camera be approved. Motion Carried with Councillor Pietrangelo opposed to # 3. 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 Strange that the by-laws be given a first reading. Carried Unanimously 2017-145 - A by-law to authorize the execution of a Subdivision Agreement with Queensway Chippawa Props. Inc. respecting Chippawa West —Phase 2 —Stage 4 Subdivision, subject to all conditions of the Subdivision Agreement being met to the satisfaction of the Director of Page 6 of 9 City Council December 12. 2017 Planning, Building and Development. 2017-146 - A by-law to amend By-law 2017-39 and adopt a Schedule of Meetings. 2017-147 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for a duplex dwelling (AM -2017-013). and for 2017-148 - A by-law to provide for citizen appointments to certain Boards and Committees. 2017-149 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads.(Parking the City of Niagara Falls, and for regulating, Prohibited) 2017-150 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections, Yield Signs at Intersections, Speed Limits on Highways, Pedestrian Crossovers) 2017-151 - A by -haw to authorize the execution of a Renewal of License Agreement with the Niagara Falls Review, respecting an option to renew as contained in the original license for a further term of two years from the 15`day of August, 2017, to and including the 315' day of July 2019. 2017-152 - A by-law to authorize the execution of a Lease Amendment Agreement with 2557417 Ontario Corp., respecting an amendment to the provisions of the original lease for the premises operating as Abby's Cafe at the MacBain Community Centre, 7150 Montrose Road, Niagara Falls. 2017-153 - A by-law to authorize the execution of an Agreement with Dr. Pouria Sadeghi dated November 30, 2017, respecting the physician's commitment to practice medicine in the City of Niagara Falls. 2017-154 - A by-law to authorize the execution of an Agreement with Honk Mobile Incorporated. 2017-155 - A by-law to delegate authority to the Director of Transportation Services to set rates for the use of municipal parking facilities. 2017-156 - A by-law to amend By-law No. 96-50 being a bylaw to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various Page 7 of 9 City Council December 12. 2017 municipal parking facilities thereon and charging a fee for such parking. 2017-157 - A by-law to amend By-law No. 96-50 being a bylaw to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2017-158 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. 2017-159 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meter Zones) 2017-160 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of December, 2017. 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 a) Cvber Attacks ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that staff report back on the issue of cyber -attacks and on-line security and highlight what plans are in place to protect the City's on-line information. Carried Unanimously b) Integrity Commissoner A recorded vote was requested. ORDERED on the motion of Councillor Morocco, seconded by Councillor strange that Council hire an Integrity Commissioner to investigate whether or not Councillor loannoni has breached any matter within the Code of Conduct and that the Integrity Commissioner report back to Council the findings. Councillor Campbell AYE Councillor Craitor Absent (left meeting early) Councillor loannoni Absent Page 8 of 9 m City Council December 12, 2017 Councillor Kerrio NAYS Councillor Morocco AYE Councillor Pietrangelo NAYS Councillor Strange AYE Councillor Thomson AYE Mayor Diodati AYE Motion Carried ADJOURNMENT a) ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the meeting be adjourned at 8:00 p.m. Carried Unanimously � •�� . �. ♦s ��� BILL MATSON, ACTING CITY CLERK Page 9 of 9