05-12-2020 MINUTES
City Council Meeting
Niagaraff., Tuesday, May 12, 2020
rails
' AN A (Electronic Meeting via Zoom)
,A
1:00 PM.
COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Thomson, Councillor Wayne Campbell,
Councillor Chris Dabrowski, Councillor Carolynn loannoni (via Zoom App),
Councillor Lori Lococo, Councillor Mike Strange, Councillor Vince Kerrio,
Councillor Victor Pietrangelo
COUNCIL ABSENT:
STAFF PRESENT:
Mat Bilodeau, Tiffany Clark, Erik Nickel, Kathy Moldenhauer, Alex Herlovitch,
Ed Lustig, Serge Felicetti, Trent Dark, Jim Boutilier, Heather Ruzylo (all
participating via Zoom App)
Ken Todd and Bill Matson (Present in Council Chambers)
1. IN CAMERA SESSION OF COUNCIL - 12:00 PM
1.1. Resolution to go In-Camera
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Wayne Thomson that Council enter into an In-Camera
session.
Carried Unanimously
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2. CALL TO ORDER
0 Canada - Performed by: Ella Sacco (Recorded version)
3. ADOPTION OF MINUTES
3.1. Council Minutes of April 21, 2020.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Thomson that the minutes of April 21, 2020 be
approved as recommended.
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 Victor Pietrangelo indicated a pecuniary interest to Report
PBD-2020-19, Item #7.2 on the agenda as he has family members with
a financial interest related to the property in question.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences on the passing of Wilma Morrison
and recognized her for the following:
• Niagara lost a hero.
• Wilma was a tireless advocate of Niagara's Black History.
• Notably fought to save the BME Church in Niagara Falls from
demolition in the 1990's.
• It is where former slaves congregated after fleeing the U.S. via
Niagara's Underground Railroad.
• Thanks to Wilma, it was named a heritage site in 2000.
• This was only one of her many feats for the Black community.
• Wilma was 91 years old.
• She will be dearly missed by many.
• She was a real ball of energy, a spitfire. Good things come in
small packages.
b) Mayor Diodati recognized many COVID-19 Good News Stories:
• Crush the Curve Caravan
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• Community came together in a big way!
• Showed video of the Crush Curve Caravan.
• Snowbirds - flew over Niagara Falls on Sunday, Mother's Day.
• Mayor's Back to Business COVID Recovery Team
o Full steam ahead
o Updates being consolidated into a report
o A fluid, living document
c) The next Council Meeting is scheduled for Tuesday, June 2, 2020 at
1:00 PM (note start time).
6. PRESENTATIONS
6.1. Canada Summer Games - 2021
To recognize the upcoming Canada Summer Games in 2021, a "Light of
Hope" Video was shown.
7. PLANNING MATTERS
7.1. Public Meeting
PBD-2020-17
26T-11-2019-003 & AM-2019-017
Draft Plan of Subdivision and Zoning By-law Amendment
Application
6642 St. Thomas More (former St. Thomas More School)
Applicant: Corbett Land Strategies (John Corbett)
Owner: 1956662 Ontario Inc. (Y & Z Zahavy)
The report recommends the following:
1. That the application to amend the Zoning By-law be approved as
detailed in this report subject to the implementation of a holding
(H) regulation until archaeological matters have been completed
to the satisfaction of the Region:
2. That the Plan of Subdivision be draft approved subject to the
conditions in the attached Appendix A;
3. That the Mayor or designate be authorized to sign the draft plan
as "approved" 20 days after notice of Council's decision has been
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given as required by the Planning Act, provided no appeals of the
decision have been lodged;
4. That draft approval be given for three years, after which approval
will lapse unless an extension is requested by the developer and
granted by Council; and
5. That the Mayor and City Clerk be authorized to execute the
Subdivision Agreement and any required documents to allow for
the future registration of the subdivision when all matters are
addressed to the satisfaction of the City Solicitor.
Alex Herlovitch, Director of Planning, Building and Development, gave
an overview of the background report PBD-2020-17.
Candice Hood (Corbett Land Strategies) and Sergio Zaga, representing
the applicant, spoke in support of the staff report.
The Public Meeting was closed.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Carolynn loannoni that the report be approved as
recommended.
Carried Unanimously
7.2. Public Meeting
PBD-2020-19
26CD-11-2019-004 & AM-2019-019
Draft Plan of Vacant Land Condominium and Zoning By-law
Amendment Application
6400 and 6420 Kalar Road
Applicant: 2670279 Ontario Inc. (Lise Danecker)
Agent: Peter Colosimo
The report recommends the following:
1. That the application to amend the Zoning By-law be approved as
detailed in this report;
2. That the Plan of Vacant Land Condominium be draft approved
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subject to the conditions in the attached Appendix A;
3. That the Mayor or designate be authorized to sign the draft plan
as "approved" 20 days after notice of Council's decision has been
given as required by the Planning Act, provided no appeals of the
decision have been lodged;
4. That draft approval be given for three years, after which approval
will lapse unless an extension is requested by the developer and
granted by Council, and
5. That the Mayor and City Clerk be authorized to execute the
Condominium Agreement and any required documents to allow
for the future registration of the Condominium when all matters
are addressed to the satisfaction of the City Solicitor.
Alex Herlovitch, Director of Planning, Building and Development, gave
an overview of the background report PBD-2020-19.
Peter Colosimo, acting as the agent, spoke in favour of the report.
Rocky Vacca, spoke expressing his concerns with the draft plan of
subdivision, condition #18, which discusses the requirement that all
residential dwelling units within the development be equipped with
automatic sprinkler systems.
Matt Clark, of 8209 Westwood Street, spoke in opposition of the report.
The Public Meeting was closed.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Vince Kerrio that the report be approved as recommended
with the amendment to Condition #7 to remove the "provision of a
sidewalk connecting to the adjacent street"and that Condition #18 be
removed.
Carried Unanimously (Councillor Victor Pietrangelo declared a conflict)
8. REPORTS
8.1. F-2020-20
Managing the Financial Impact of COVID-19
The report recommends the following:
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1. That the report entitled "Managing the Financial Impact of
COVID-19" be received for information.
2. That the Federal and Provincial governments be requested to
provide municipalities with an operating grant to help
municipalities fund current operations and maintain appropriate
service levels during the COVID-19 crisis, and further allow
service levels to quickly be re-established during the period of
recovery.
3. That the Federal and Provincial governments be requested to
establish a new infrastructure building program by increasing the
amount of gas tax funding made available to municipalities to
stimulate the economy later this year.
4. That the Federal and Provincial governments be requested to
accelerate approval of ICIP project applications submitted by the
City of Niagara Falls to facilitate the economic recovery after the
period of emergency is over.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Victor Pietrangelo that the report be approved as
recommended.
Carried Unanimously
8.2. FS-2020-03
Memorandum of Understanding for the Provisions of Technical
Rescue Services
The report recommends that Council authorize the Mayor and City Clerk
to sign the attached Memorandum of Understanding (MOU) for the
provision of Rope Rescue Services with the Town of Niagara-on-the-
Lake (NOTL).
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that the report be approved as
recommended.
Carried Unanimously
8.3. MW-2020-09
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Pin Oak Drive and Canadian Drive
Tender Award - Contract No. 2020-473-18, Access Agreement, Land
Transfer
The report recommends the following:
1. That the contract be awarded to the lowest prequalified bidder
Rankin Construction Inc. at the bid price of$3,483,575.00.
2. That the Mayor and City Clerk be authorized to execute the
necessary contract documents.
3. That Council authorize a 2021 pre-budget allocation of$435,000
to be used as additional funding for the completion of this 2020
Capital Project.
4. That the lands shown as Part 1 and Part 2 on Reference Plan 20-
16-035-00 (Attachment#3) be deeded to the City of Niagara Falls
for nominal consideration, free and clear of any mortgages, liens
or other encumbrances; and that all reasonable and related legal
fess for processing and registration of the widening are paid for
by the City of Niagara Falls, and;
a. That Council accept the Transfer of land from 2683421
Ontario Ltd., to accommodate a road widening on the east
side of Pin Oak Drive; and
b. That Council directs that a by-law be passed to accept the
Transfer of the land and declare the lands a public
highway to form part of Pin Oak Drive.
5. That the Mayor and City Clerk be authorized to execute the
Construction and Access Agreement with 2249419 Ontario Inc.
and Costco Wholesale Canada Ltd. for the Transit Hub along
Canadian Drive.
6. That upon completion of the Transit Bub construction in
recommendation #5, the subject lands be deeded to the City of
Niagara Falls for nominal consideration, free and clear of any
mortgages, liens or other encumbrances; and that all reasonable
and related legal fess for processing and registration of the
widening are paid for by the City of Niagara Falls, and:
a. That Council accept the Transfer of land from 2249419
Ontario Inc. and Costco Wholesale Canada Ltd. for the
Transit Hub along Canadian Drive to be part of a road
widening for Canadian Drive; and
b. That Council directs that a bylaw be passed to accept the
Transfer of lands and declare the lands as public highway
to form part of Canadian Drive.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
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Councillor Mike Strange that the report be approved as recommended.
Carried Unanimously
8.4. PBD-2020-31
Proposed Radio Communication Tower
2800 Thorold Townline Road
FONTUR International Inc. on contract to Enbridge Gas
Distribution Inc.
The report recommends that Innovation, Science and Economic
Development Canada be advised that the City of Niagara Falls does not
object to the construction of a 27.4m(-90') tall, self support style radio
communication tower with a fenced in compound on the lands known as
2800 Thorold Townline Road.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Vince Kerrio that the report be approved as recommended.
Carried Unanimously
8.5. PBD-2020-32
AM-2010-009 & AM-2016-015
Zoning By-law Amendment Applications
7000 Montrose Road & Vacant Lands to the South
Applicants: DCL Healthcare Properties Inc. &
Sienna-RSH Facility Inc.
Removal of Holding (H) Symbols
The report recommends that Council pass the by-laws appearing on
tonight's agenda to remove the holding (H) symbol and provisions from
the subject parcels, which are currently zoned GC (H)-913) and GC (H)-
1034), respectively, to permit them to be developed for a four storey
medical office building and a six storey retirement home, respectively.
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Victoria Lucas, representing the applicants, was available to address
any concerns from Council, if necessary. No questions were asked of
Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the report be approved as
recommended.
Carried Unanimously
8.6. R&C-2020-07
Summer Aquatics Update
The report recommends the following:
1. That Council approve, pending the lifting of the Province of
Ontario's Emergency Order and with approval from the Niagara
Region Public Health, that the City opens three outdoor
swimming pools: EE Mitchelson, FH Leslie, and Prince Charles
for July 1, 2020.
2. That Council approve, due to health and safety concerns and
timing, that the City not provide learn to swim lessons and other
programming including swim team.
3. And that Council approves, if the order is not lifted by August 1,
2020, keeping the five outdoor pools closed.
4. And that Council approve, pending approval from the Province
and Region, the opening all seven splash pad facilities for June
15, 2020.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that Council approves recommendation #2, #3
and#4 and to have staff report back on how to open up more or all City
pools.
Carried Unanimously
8.7. R&C-2020-08
Niagara Falls Farmers' Market Opening Plan
The report recommends that Council approve the opening of the
Niagara Falls Farmers' Market on June 6, 2020.
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ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that the report be approved as
recommended.
Carried Unanimously
9. 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-2020-18
2020 Property Tax Rates
The report recommends that Council approve the 2020 Property Tax Rates.
F-2020-19
Final Tax Notice Due Dates for Residential, Pipeline
Farmland and Managed Forest Assessment Classes
The report recommends the following:
1. That July 31 and October 30 be approved as the 2020 Final Due Dates
for the Residential, Pipeline, Farmland and Managed Forest
Assessment Classes.
2. That August 31 and October 30 be approved as the 2020 Final Due
Dates for the Commercial, Industrial and Multi-residential Assessment
Classes.
MW-2020-10
Weeping Tile Removal Assistance Program (WRAP) Update
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The report recommends the following:
1. That Council receive for information report MW-2019-04 regarding an
update on the Weeping Tile Removal Assistance Program (WRAP); and
further,
2. That Council approve program changes relating to: program advertising
and awareness, application form improvements, information package
improvements, and pre-qualification of contractors as outlined in this
report.
MW-2020-11
South Niagara Falls Infiltration and Inflow Study - Budget Update
The report recommends that Council authorize a pre-budget allocation from the
2021 Capital Budget in the amount of$50,000 from Capital Special Purpose
Reserves in order to accomplish the objectives of the South Niagara Falls
Infiltration and Inflow Study, Phase 2, and in order to leverage 50% Regional
cost-sharing dollars as outlined in Report MW-2020-11.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that the reports are approved as recommended.
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Niagara Nutrition Partners
Jessica Stephenson, Program Manager of Niagara Nutrition Partners,
provided a full update of the great work Niagara Nutrition Partners is
doing in Niagara Falls and Niagara Region on the whole. She shares the
launching of the grocery gift card program, where principals and
teachers identify families in need during these uncertain and challenging
times. It is in challenging times like these that organizations can retool
their systems to support those in need.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Lori Lococo that Council receive and file the correspondence
for information.
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Carried Unanimously
10.2. Recognition of Wilma Morrison (Letter from Lundy's Lane
Historical Society added)
The Niagara Military Museum, along with Pastor Dlx of the Nathaniel
Dett Chapel, are proposing the Historic Drummondville district of
Niagara Falls be delineated on appropriate street signs as the "Wilma
Morrison Drummondville Historic District" in honour of the late Wilma
Morrison.
RECOMMENDATION: That Council refer the request to Staff for a
report.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that Council refer the request to staff for a
report and to have staff contact the Heritage Committee, the Historical
Society, the Niagara Falls History Museum and the Niagara Falls
Military Museum for comment.
Carried Unanimously
10.3. City of Welland - Resolution - Covid-19 Financial Impact
Attached resolution passed at the City of Welland's Council meeting of
April 21, 2020.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Chris Dabrowski that Council receive and file the
correspondence for information.
Carried Unanimously
10.4. Niagara Peninsula Conservation Authority (NPCA) Board Meeting
Highlights
As part of NPCA's commitment to improving how they communicate with
municipal partners, attached is a document with highlights from NPCA's
Annual General Board of Directors meeting held on April 16, 2020.
RECOMMENDATION: For the Information of Council.
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ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Wayne Campbell that Council receive and file the
correspondence for information.
Carried Unanimously
10.5. Niagara Falls Public Library - Updates on Activities during COVID-
19
Niagara Falls Public Library have included an update report on the
Library's Activities during the COVID-19 closures.
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Victor Pietrangelo that Council receive and file the
correspondence for information.
Carried Unanimously
10.6. Regional Niagara - Various Correspondence (last Regional Report
added)
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Victor Pietrangelo that Council receive and file the
correspondence for information.
Carried Unanimously
10.7. Niagara Region Correspondence
RECOMMENDATION: That Council formally endorse motions that
support the collaboration between all of Niagara's communities and the
Niagara Region, as outlined in Regional reports CSD-30-2020 and CSD-
31-2020.
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ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that Council formally endorse motions that
support the collaboration between all of Niagara's communities and the
Niagara Region, as outlined in Regional reports CSD-30-2020 and CSD-
31-2020.
Carried Unanimously
10.8. Canada / U.S. Border Crossings - Essential Traffic Only - COVID-19
Resolutions from the Town of Fort Erie and the City of Port Colborne
regarding the Canada/US Border Crossings - Essential Traffic only -
COVID-19.
RECOMMENDATION: For Council's Consideration.
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Mike Strange that Council receive and file the
correspondence for information.
Carried Unanimously
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Vince Kerrio that a resolution be sent to the Ministry of
Provincial Tourism, Federal Tourism, MP's Office, MPP's Office, Premier
Ford's Office and CBSA, regarding the opening of the Canada/US
Border Crossings beyond essential traffic only, and that considering the
fact that border communities could potentially be impacted more so than
other outlying communities when the borders open, that The City of
Niagara Falls be consulted and be given the opportunity to have some
input on the discussions of when and to what degree of opening the
border will entail so that factors such as the well being of the community
both financially and health-wise, can be considered.
Carried Unanimously
10.9. Town of Lincoln - Resolution
Attached resolution passed at the Town of Lincoln's Special Council
Meeting of May 4, 2020 regarding a Request for Emergency Funding for
Municipalities from Government of Canada.
RECOMMENDATION: For the Information of Council.
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ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that Council receive and file the
correspondence for information.
Carried Unanimously
10.10. Niagara Falls Canada Hotel Association (NFCHA)
Correspondence from Doug Birrell, Executive Director of NFCHA,
regarding his response to the misleading comments on social media.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Mike Strange that Council receive and file the
correspondence for information.
Carried Unanimously
10.11. Niagara Medical Academies — Hardships faced by Niagara
Physicians
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that Council receive and file the
correspondence for information.
Carried Unanimously
10.12. Town of Oakville - Rent Relief Advocacy Letter
Attached is an advocacy letter that the Town of Oakville recently sent to
the Federal and Provincial Finance Ministers along with our local MPs
and MPPs. The letter advocates for changes to the Canada Emergency
Commercial Rent Assistance program based on feedback from the
business community and our local BIAs.
RECOMMENDATION: For the Support of Council.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Victor Pietrangelo that Council support the correspondence
from the Town of Oakville advocating for changes to the Emergency
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Commercial Rent Assistance program.
Carried Unanimously
10.13. St. John Ambulance - Potential Merger
The attached correspondence was received by David Trotter, Niagara
Falls St. John Ambulance Branch Chair.
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that Council receive the correspondence from
Dave Trotter, Niagara Falls St. John Ambulance Branch Chair, and
support the presence of St. John Ambulance in the City of Niagara Falls
and reject the suggestion of the St. Catharines branch, or any other
group, taking over the Niagara Falls operations and that the City move
forward with renewing the existing Chair-a-Van agreement.
Carried Unanimously
11. RESOLUTIONS
There were no resolutions.
12. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
2020- A By-law to amend By-law No. 2016-108, a by-law to regulate the
41 - supply of water and to provide for the maintenance and management of
the waterworks and for the imposition and collection of water rates.
2020- A by-law to set and levy the rates of taxation for City purposes, for
42 - Regional purposes, and for Education purposes for the year 2020.
2020- A by-law to amend By-law No. 2010-133, which amended By-law No.
43 - 79-200, to remove the holding symbol (H) on the lands known as 7000
Montrose Road, to permit them to be developed (AM-2010-009).
2020- A by-law to amend By-law No. 2017-017, which amended By-law No.
44 - 79-200, to remove the holding symbol (H) on the lands located on the
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east side of Montrose Road, between McLeod Road and Kinsmen
Court, to permit them to be developed (AM-2016-015).
2020- A by-law to amend By-law No. 79-200 to permit the construction of 16
45 - and 14 storey hotels on part of the lands, to permit a portion of the
required parking for the uses on part of the lands to be provided on
another part of the lands and to repeal By-law No. 2004-73 (AM-2019-
023).
2020- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
46 - employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2020- A by-law to adopt, ratify and confirm the actions of City Council at its
47 - meeting held on the 12th day of May, 2020.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that the by-laws be read a first, second and
third time and passed.
Carried Unanimously
13. RATIFICATION OF IN-CAMERA
None to report.
14. NEW BUSINESS
a) Pathways Academy
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Victor Pietrangelo that Council direct Business Development
staff to reach out to Michelle Walker of Pathways Academy with options
to relocate to a new location once the use of St. Thomas More School is
no longer available.
Carried Unanimously
b) Antica Fundraiser
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
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Councillor Victor Pietrangelo that staff send out a letter of
congratulations and gratitude for the recent Project Share pizza drive
fundraiser.
Carried Unanimously
15. ADJOURNMENT
a) Adjournment
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the meeting be adjourned at 4:09 PM.
Carried Unanimously
ayor
City Clerk
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