06/02/2020 Niagarr�
a l�ll s Ll MINUTES
City Council Meeting eting
Tuesday, June 2nd, 2020, Council
il Chambers
Falls
AN DA
(via Zoom App) 1:00 PM.
COUNCIL PRESENT: Mayor Jim Diodati, Councillor Vince Kerrio, Councillor Mike Strange, Councillor
Wayne Thomson, Councillor Chris Dabrowski, Councillor Lori Lococo,
Councillor Victor Pietrangelo, Councillor Wayne Campbell, Councillor Carolynn
loannoni (via Zoom app)
COUNCIL ABSENT:
STAFF PRESENT: Alex Herlovitch, Ed Lustig, Erik Nickel, Jim Boutilier, Mat Bilodeau, Kathy
Moldenhauer, Trent Dark, Serge Felicetti, Tiffany Clark, Heather Ruzylo (all
participating via Zoom app)
Ken Todd and Bill Matson (Present in Chambers)
1. CALL TO ORDER
0 Canada - Performed by: Sibilla Malekzadeh (recorded version)
2. ADOPTION OF MINUTES
2.1. Council Minutes of May 12, 2020.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that the minutes of May 12, 2020 be approved
as recommended.
Carried Unanimously
3. 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 Lori Lococo indicated a pecuniary interest to cheque
#437220, dated April 22, 2020 in the amount of$2,333.33, payable to
the Niagara Falls Art Gallery.
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b) Councillor Victor Pietrangelo declared a pecuniary interest to the
following: Cheque #00279-0006, payable to N.C.D.S.B. (Employer) and
to Report: F-2020-23 - "Overview of Section 106 and 107 of the
Municipal Act, 2001/Further Fiscal Relief Requests" (re: N.C.D.S.B.)
c) Councillor Wayne Campbell indicated a pecuniary interest to cheque
#437590, dated May 13, 2020, refund of$406.80.
d) Mayor Jim Diodati indicated a pecuniary interest to cheque #437178.
4. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences on the passing of John
Detenbeck, father of Tom Detenbeck of Fire Services.
b) Mayor Diodati shared recent COVID-19 Good News Stories/updates:
• Grocery Giveaway
o 520 people provided with groceries
o Anonymous donor
o Project Share volunteers and Council Members
o Led by Councillor Campbell and attended by: Councillor
Dabrowski, Councillor Pietrangelo and Councillor Strange.
o Not average food bank patrons - helped ALL residents.
• Mayor's Back to Business COVID Recovery Team
o Just finishing up
o Action items coming forward for Council actions and
decisions.
c) Mayor Diodati provided the following infrastructure updates:
• Former City Hall & Court House
o Received many compliments
o Sam Valeo and his staff
o Expanded open-air courtyard area
• Costco
o Construction started
o Compliment staff for hard work to get this project
underway
• Robinson Street Bridge
o Finally removed
d) Mayor Diodati shared the following City amenities slowly opening:
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• As part of the Provincial Phase 1 Re-Opening:
o Boat ramp in Chippawa
o Oakes Park Track
o Dog parks
o Tennis courts
• Street Sweeper:
o Begins June 4th
o 14 trucks
o Entire City covered in 2 weeks
o Next year, plans for a May start
e) Mayor Diodati recognized Councillor Mike Strange for attending the
Dwyer-Hamilton Paralegal Services food giveaway to front-line workers
at Food Basics, Montrose Road.
f) The next Council meeting is scheduled for Tuesday, June 23, 2020 at
1:00 PM (new start time).
5. REPORTS
5.1. F-2020-23
Overview of Section 106 and 107 of the Municipal Act, 2001/Further
Fiscal Relief Requests
The report recommends the following:
1. That Council provide a grant to the following non-profit tenants of
the MacBain Community Centre:
o Niagara Falls Big Brothers Big Sisters Association Inc.
o United Way of Niagara Falls and Greater Fort Erie
o Niagara Catholic District School Board — Early ON room
rentals
equal to the amount of rent to be charged from March 16, 2020,
being the date the City closed the MacBain Community Centre,
until such future date that the City opens the MacBain Community
Centre to the tenants.
2. That Council authorize staff to forego charging rent to the
following commercial tenant of the MacBain Community Centre:
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o Tastebuds Café
from March 16, 2020, being the date the City closed the MacBain
Community Centre, until such future date that the City opens the
MacBain Community Centre to the public.
3. That Council authorize staff to forego charging rent to the
following commercial tenants of the Gale Centre:
o 2212396 Ontario Inc. operating as Break-A-Way
Concessions Niagara
o Front Row Sports Ltd., operating as Front Row Sports
Excellence
from March 16, 2020, being the date the City closed the Gale
Centre, until such future date that the City opens the Gale Centre
to the public.
4. That Council authorize staff to forego charging service fees to the
following commercial clients of the Small Business Centre located
in the Wayne Thomson Building:
• CHS Realty
• Elong Realty
• Derly Valencia
• Global Hut Immigration
• HR Off Site Human Resources
from March 16, 2020, being the date the City closed the Wayne
Thomson Building, until such future date that the City opens the Wayne
Thomson building and resumes providing service to the Small Business
Centre clients.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Vince Kerrio that the report be approved as recommended.
Carried Unanimously (with Councillor Victor Pietrangelo declaring a
conflict).
5.2. F-2020-25
2018 Closed Capital Projects Variance Report
The report recommends that Council receive report F-2020-25 entitled,
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2018 Closed Capital Projects Variance Report, for information and
approve the recommended transfers to/from reserves/reserve funds per
Attachment 1 to be applied to the 2018 year end.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Lori Lococo that the report be approved as recommended.
Carried Unanimously
5.3. F-2020-26
Annual Statement of Remuneration and Expenses —
Updated to Include Attendance
The report recommends for the information of Municipal Council. At the
April 21, 2020 Council meeting, staff was asked to report back further to
show the number of meetings held by Council and Council Member
attendance. This information has been included in an attachment.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Victor Pietrangelo that Council accept the report for
information and that staff report back on what other municipalities are
doing with regards to keeping track of Council Member attendance at
meetings and to also include definitions on `attendance' within updates
to the Procedural By-law.
Carried Unanimously
5.4. F-2020-27
Managing the Financial Impact of COVID-19 — Parking Budget
The report recommends the following:
1. That the report entitled "Managing the Financial Impact of
COVIDE-19 - Parking Budget" be received for information.
2. That staff be directed to enforce all parking matters and resume
issuing tickets (as opposed to warnings) as of July 1, 2020, in an
effort to mitigate the anticipated lost revenue.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that the report be approved as
recommended.
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Carried Unanimously
5.5. IS-2020-01
5G Health Concerns
The report recommends for the information of Council.
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Carolynn loannoni that the City of Niagara Falls request the
Federal Government to review:
• the necessity for municipal consultation of 5G placement of
antennas and towers through the Antenna Tower Siting
Procedure.
• the removal of the up to 25% increase of height exemption of
Existing Antenna Systems, which would allow for consultation.
• the removal of the less than 15 metres height exemption for New
Antenna Systems, which would allow for consultation.
• the removal of the Non-Tower Structures exemption (antennas on
buildings, water towers, lamp posts, etc), which would allow for
consultation.
Carried Unanimously (with Councillor Chris Dabrowski opposed).
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Carolynn loannoni that Staff(Legal & Risk Management)
provide a report on the liability if there is a 5G health claim on our
insurance.
Carried Unanimously
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Mike Strange that the City ask the Federal Government to be
further involved in the investigation of any health concerns with 5G
technology.
Carried Unanimously
5.6. PBD-2020-33
Tax Increment Based Grant Application under the
Lundy's Lane CIP — LLN-2020-001
5873 Brookfield Avenue
Applicant: 1962683 Ontario Inc. (Frank LaPenna)
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The report recommends the following:
1. That Council approve the Tax Increment Based Grant Application
for 1962683 Ontario Inc. (Frank LaPenna) subject to the Owner
satisfying the program requirements including entering into an
agreement with the City of Niagara Falls.
2. That the Mayor and Clerk be authorized to sign the agreement.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Victor Pietrangelo that the report be approved as
recommended.
Carried Unanimously
5.7. PBD-2020-35
AM-2015-004, Zoning By-law Amendment
3958 Cardinal Drive (formerly 7901, 7913 and 7933 Thorold Stone
Road)
Owner: Niagara Olympia Homes (George Bandi)
The report recommends that City Council pass the by-law on today's
agenda to permit a retirement home with up to 116 living units in a
building having a height varying from 2 to 4 storeys.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Carried Unanimously
5.8. R&C-2020-09
Summer Aquatics Opening Plan
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 five pools for July 1st,
2020.
2. That Council approve, pending the lifting of the Province of
Ontario's Emergency Order and with approval from the Niagara
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Region Public Health that the City opens seven splash pads for
July 1st, 2020.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Lori Lococo that the report be approved as recommended.
Carried Unanimously
6. 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-2020-21
Monthly Tax Receivables Report—April
The report recommends that Council receive the Monthly Tax Receivables
report for information purposes.
F-2020-22
Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$32,094,456.16 for the period April 7, 2020 to May 18, 2020.
MW-2020-12
2020 Playground Improvements
Supply and Installation of Playground Equipment Award
The report recommends the following:
1. That Council award the supply and installation of playground equipment
at Balmoral Park, Bambi Park, Cherryhill Park, Coronation Park, Maple
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Street Park, C.B. Wright Park, Warren Woods East Park and Warren
Woods West Park to the preferred proponent Henderson Recreational
Equipment Ltd. for $334,225.12 + applicable taxes.
2. That the Mayor and Clerk be authorized to execute the necessary
documents.
MW-2020-13
QEW Watermain Crossing
Tender Award - Contract No. 2020-380-15
The report recommends the following:
1. That the contract be awarded to the lowest bidder Peter's Construction
Group at the corrected bid price of$1,668,222.80 + applicable taxes.
2. That the Mayor and City Clerk be authorized to execute the necessary
contract documents.
3. That Council authorize a 2021-prebudget allocation of$650,000 to be
used as additional funding for the completion of this Capital Project.
PBD-2020-34
PLC-2020-001, Request for Removal of Part Lot Control
Block 11 in Plan 59M-474
4837- 4847 Pettit Avenue
Applicant: Winzen Niagara Homes Limited
by-law
report recommends that Council approve the request and pass the
included in today's agenda to designate Block 11, Registered Plan 59M-474,
as exempt from Part Lot Control for a period of two years.
TS-2020-14
Stop Sign Conversion Review
The report recommends for the information of Council.
TS-2020-15
Collins Drive at Toby Crescent
Intersection Control Review
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The report recommends that a yield sign is installed at both intersections of
Collins Drive and Toby Crescent as follows:
• Collins Drive at Toby Crescent (north intersection)
o Facing traffic northbound on Collins Drive;
o facing traffic southbound on Collins Drive; and
o facing traffic westbound on Toby Crescent
• Collins Drive at Toby Crescent (south intersection)
o facing traffic southbound on Collins Drive (left turn);
o facing traffic southbound on Collins Drive (right turn); and
o facing traffic northbound on Collins Drive
Councillor Lori Lococo requested that Report: MW-2020-12 be pulled to allow
further discussion.
Councillor Wayne Campbell requested the Report: TS-2020-14 be pulled to
allow further discussion and clarification.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that the remainder of the reports under the Consent
Agenda be approved as recommended.
Carried Unanimously
ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor
Wayne Campbell that Report MW-2020-12 be approved as recommended.
Carried Unanimously
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Wayne Thomson that Report: TS-2020-14 be received and filed for
information.
Carried Unanimously
7. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
7.1. Niagara Regional Housing
Niagara Regional Housing (NRH) Quarterly Report (January 1 - March
31, 2020) - 1st Quarter Report.
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RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Mike Strange that Council receive and file the
correspondence for information.
Carried Unanimously
7.2. City of St. Catharines' Response to COVID-19
At its meeting of May 6, 2020, St. Catharines' City Council passed the
attached motion regarding COVID-19 and requested that it be forwarded
to the local municipalities in Niagara for their information (not for our
Council's endorsement).
RECOMMENDATION; For the Information of Council
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that Council receive and file the
correspondence for information.
Carried Unanimously
7.3. Niagara Region - Implications of the New Provincial Policy
Statement, 2020
Motion respecting the New Provincial Policy Statement, 2020.
RECOMMENDATION: For the Information of Council.
Alex Herlovitch, Director of Planning, Building and Development
provided an overview of the New Provincial Policy Statement, 2020.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that Council receive and file the
correspondence for information.
Carried Unanimously
7.4. Niagara Falls Canada Hotel Association
Request for further relief on property tax payment deadlines.
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RECOMMENDATION: That Council refer the request to Staff for a
report.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Chris Dabrowski that Council refer the request to Staff for a
report to be presented at the next Council meeting on June 23, 2020
and to include what other things the municipality is doing for our
taxpayers in order to provide assistance.
Carried Unanimously
7.5. Proclamation Request - Seniors Month - June
The proclamation request is in recognition of the benefits and values of
Seniors in Niagara Falls and to designate the month of June 2020 as
Seniors Month.
RECOMMENDATION: That Council Approve the request.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that the City designate the month of June
2020 as Seniors Month, in recognition of the benefits and values of
Seniors in Niagara Falls.
Carried Unanimously
7.6. Proclamation Request - World Sickle Cell Day
June 19th is globally and nationally recognized as World Sickle Cell
Day. The Sickle Cell Awareness Group of Ontario is requesting the City
of Niagara Falls to proclaim June 19, 2020 as World Sickle Cell Day.
RECOMMENDATION: That Council Approve the request.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Chris Dabrowski that the City proclaim June 19, 2020 as
World Sickle Cell Day in Niagara Falls.
Carried Unanimously
7.7. Flag-Raising Request - Pride Niagara
Pride Niagara will be hosting this year's Niagara Pride Week Festival
however they will be taking their events and celebrations virtual. Pride
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Niagara is requesting that the City of Niagara Falls join in the Annual
Pride Flag raising for the week of May 29th -June 6th, 2020.
RECOMMENDATION: That Council Approve the request.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Lori Lococo that the City join in the Annual Pride Flag raising
for the week of May 29th - June 6th, 2020 to recognize Pride Niagara in
Niagara Falls.
Carried Unanimously
8. RESOLUTIONS
There were no resolutions to report.
9. 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 authorize the payment of$32,094,456.16 for General
48 - Purposes.
2020- A by-law to designate Block 11, Registered Plan 59M-474, not to be
49 - subject to part-lot control (PLC-2020-001).
2020- A by-law to amend By-law No. 79-200, in accordance with a Decision
50 - issued by the Local Planning Appeal Tribunal, dated October 24, 2019,
to permit the use of the Lands and buildings thereon for a retirement
home and to repeal By-law No. 2008-51 (AM-2015-004).
2020- A by-law to authorize the execution of an Agreement with Crawford &
51 - Company (Canada) Inc. respecting RFP37-2019 Insurance Claims
Adjusting Services Agreement between the City and Crawford &
Company (Canada) Inc.
2020- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
52 - employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
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2020- A by-law to accept and declare lands as a public highway to form part of
53 - Pin Oak Drive.
2020- A by-law to provide for the levy and collection of sums required by the
54 - Main and Ferry Business Improvement Area for the year 2020.
2020- A by-law to adopt, ratify and confirm the actions of City Council at its
55 - meeting held on the 2nd day of June, 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
10. NEW BUSINESS
a) Anti-Racism Advisory Committee
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Carolynn loannoni that steps are taken to form an anti-racism
committee in Niagara Falls.
Carried Unanimously
b) Development Charges
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Victor Pietrangelo that Staff report back on the development
charges from the Region and/or arrange for a presentation from the
consultant a a future Council meeting.
Carried Unanimously
11. ADJOURNMENT
a) Adjournment
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
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Councillor Chris Dabrowski that the meeting be adjourned at 3:02 PM.
Carried Unanimously
ayor
City Clerk
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