03-02-2021Niagara
,Falls
1 N A U .A
COUNCIL PRESENT:
COUNCIL ABSENT:
STAFF PRESENT:
MINUTES
City Council Meeting
Tuesday, March 2, 2021 at 4:00 PM
Council Chambers/Zoom App
Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris Dabrowksi,
Councillor Carolynn loannoni, Councillor Vince Kerrio, Councillor Lori Lococo,
Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne
Thomson (via Zoom App)
Ken Todd, Bill Matson, Brian Dick, Andrew Bryce, Erik Nickel, Jim Boutilier,
Kathy Moldenhauer, Trent Dark, Ed Lustig, Serge Felicetti, Jonathan Leavens,
Heather Ruzylo (via Zoom app)
1. IN CAMERA SESSION OF COUNCIL
1.1. Resolution to go In -Camera (Updated)
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Mayor Jim Diodati that Council enter into an In -Camera session.
Carried Unanimously (Councillor Carolynn loannoni was absent from the
vote).
2. CALL TO ORDER
0 Canada: Performed by: Emma MacDonald (recorded version)
3. ADOPTION OF MINUTES
Council Minutes of February 9, 2021
3.1. Council Minutes of February 9, 2021
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the minutes of February 9, 2021 be
approved as recommended.
Carried Unanimously
Page 1 of 16
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 Lori Lococo indicated a pecuniary interest on the following
cheques:
• Chq #443640, January 27, 2021 for $122.12 (reimbursement of
expenses)
• Chq #443259, January 6, 2021 for $122.12 (reimbursement of
expenses)
• Chq #00329-0037, February 1, 2021 for $2,333.33 (payable to
Niagara Falls Art Gallery as she sits on the board as a resident).
• Chq #00324-0036, December 30, 2020 for $2,333.33 (payable to
Niagara Falls Art Gallery as she sits on the board as a resident).
• Item #6.1 - PBD -2021-09 - Transit Station Secondary Plan as she
owns property in the area being discussed.
b) Councillor Chris Dabrowski indicated a pecuniary interest to cheque
#443323 and cheque #443238.
c) Councillor Vince Kerrio indicated a conflict of interest to the following
items:
• Item #1 - In -Camera Agenda (L-2021-04) Sale of Road
Allowance - Weaver Road (as daughter and son-in-law are
purchasers)
• Item #6.2 - PBD -2021-08 (AM -2021-003) Temporary Zoning
Regulations for Outdoor Patios and Sidewalk Cafes) as his
company owns two restaurants.
d) Councillor Mike Strange indicated a pecuniary interest to cheque
#443420 for services reimbursed.
e) Councillor Victor Pietrangelo indicated a pecuniary interest to the
following:
• Cheque #00328-0036 (payable to NCDSB, his employer)
• Cheque #00322-0004 (payable to NCDSB, his employer)
• Cheque #443273 - payable to himself.
f) Mayor Diodati indicated a pecuniary interest to the following:
• Cheque #443620 (Payable to himself)
• Cheque #443119 (Payable to himself)
5. MAYOR'S REPORTS, ANNOUNCEMENTS
City Council
March 2, 2021
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a) Mayor Diodati extended condolences on the passing of Lynne Canham,
sister of Lydia Waters of our Business Development Department and to
Maria St. Angelo, grandmother of Nick Pietrangelo of our Transportation
Department.
b) Mayor Diodati recognized Councillor Victor Pietrangelo and Councillor
Mike Strange for attending and supporting the Coldest Night of the Year.
c) Mayor Diodati recognized the LudzyStrong Foundation by expressing
City Council's support of Steve Ludzik and his current health battle. All
of Council is supporting the foundation by wearing LudzyStrong Tshirts
(proceeds going to the Steve Ludzik Parkinson's Clinic at Hotel Dieu
Shaver).
d) The next Council meeting is scheduled for Tuesday, March 23rd, 2021.
6. PLANNING MATTERS
6.1. PBD -2021-09 (Comments and presentation added)
Transit Station Secondary Plan Area
Zoning By-law Application - City File: AM -2020-007
Applicant: City of Niagara Falls
The report recommends that staff prepare a zoning by-law amendment
for the Transit Station Area for consideration and adoption at the March
23rd Council.
Brian Dick, Manager of Policy Planning, gave an overview of the
background report PBD -2021-09. Francesca Berardi, Planner, from the
Planning Department, and Cheryl Selig, from the Region, were on
stand-by to respond to questions or concerns.
The following residents spoke in favour of the application:
• Sean Montemurro, of 9328 Hendershot Blvd, spoke just to say
that he was in support of the plan.
• Evan Sugden, from Bousfields Inc., 1 Main Street East, Suite
200, Hamilton, represented clients that have lands within the area
impacted, spoke in support of the application.
• Frank De Luca, of 4341 Kilman Place, spoke in support of the
application and offered some alternatives through a powerpoint
presentation.
• Patrick Fejer, from B & H Architects, 320 Bay Street, Suite 200,
Toronto, supported the plan.
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March 2, 2021
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• Roy Oei, from B & H Architects, 320 Bay Street, Suite 200,
Toronto, supported the plan.
• Adam Tian, of 106 Crayford Drive, Toronto, and also owns 4638
Erie Ave and 4618 Erie Ave, spoke in favour of the application.
The following residents spoke to address concerns they had with the
proposed application:
• Nicolino Monachese, of 4488 & 4496 Bridge Street, spoke citing
concerns about the proposed development.
• Salome Torres and Joel Marier, of 4549 Cataract Avenue, and
owners of a youth hostel, spoke in opposition of parts of the
application citing concerns about the environment and protecting
the land (ie preserving land appropriately).
• Shelagh Mulligan, of 4671 River Road, cited concerns about the
City not being transparent enough in the planning process and
concerned about proposed setbacks.
• Farhan Billoo, of 8 Tuscany Court, St. Catharines, cited concerns
about the development and Ken Todd, CAO, advised that he
send something in writing to our Legal Department.
• Lynn Burdett, of 4 Hadden Road, Sutton, Ontario, spoke in
opposition of the application citing concerns about Section 19 of
the by-law.
• Jody Burdett, of 4480 Bridge Street, presented a powerpoint
presentation which cited many concerns he has regarding the
application.
• Jacqueline Sieber, of 4997 St. Clair Avenue, spoke in opposition
of the plan.
The Public Meeting was closed.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that Staff prepare an implementing zoning
by-law amendment for the Transit Station Secondary Plan Area for the
consideration and adoption of Council on March 23rd.
Carried Unanimously (Councillor Lori Lococo declared a conflict of
interest).
6.2. PBD -2021-08 (Presentation added and Comments from Victoria
Centre BIA added)
AM -2021-003, Zoning By-law Amendment Application
Proposal: Temporary Zoning Regulations for Outdoor Patios and
Sidewalk Cafes
Applicant: City of Niagara Falls
City Council
March 2, 2021
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The report recommends that Council approve the Zoning By-law
amendment application and pass the temporary use by-law on tonight's
agenda to introduce temporary zoning regulations for outdoor patios and
sidewalk cafes as outlined in this report, to remain in force until
December 31, 2022.
Andrew Bryce, Manager, Current Planning, gave an overview of the
background report PBD -2021-08.
There was nobody to speak in support or against the application.
The Public Meeting was closed.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that Council approve the Zoning By-law
amendment application and pass the temporary use by-law on tonight's
agenda to introduce temporary zoning regulations for outdoor patios and
sidewalk cafes as outlined in this report, to remain in force until
December 31, 2022.
Carried Unanimously (Councillor Vince Kerrio declared a conflict).
7. REPORTS
7.1. F-2021-14
Special COVID-19 Pre -Authorized Property Tax Payment Plan
Update
The report recommends for the information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Carried Unanimously
7.2. F-2021-17
Outstanding Not for Profit Accounts Receivable Balances
Requiring Further Collection Efforts
City Council
March 2, 2021
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The report recommends prior to sending any accounts receivable
balance belonging to a not-for-profit organization to collections staff will
update Council on the collection efforts in camera.
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Wayne Thomson that the report be approved as
recommended.
Carried Unanimously
7.3. F-2021-19
Property Tax Penalty and Interest Rate
The report recommends the following:
1. That Council approve returning the penalty rate to 1.25% per
month from the reduced rate of 0.5% per month effective July 1,
2021.
2. If Council does not approve the recommendation in number one
that Council direct staff to prepare an additional report on the
2021 budget impact of extending the penalty and interest
reduction beyond July 1, 2021 for the April 20, 2021 Council
meeting.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Victor Pietrangelo that Council approve returning the penalty
rate to 1.25% per month from the reduced rate of 0.5% per month
effective July 1, 2021 and that staff report back prior to June 30, 2021
for any further direction.
Carried Unanimously
7.4. F-2021-20
2021 Capital Budget Funding Swap
The report recommends the following:
1. That $581,885 in Federal Gas Tax approved for the "Drummond
Road Watermain Replacement & Road Reconstruction" be
swapped with the existing approved funding for the "Gale Centre
Refrigeration System Replacements" ($535,000) and the
"Schisler Road Bridge S094B Rehabilitation" ($46,885) projects.
2. That $535,000 in Debt Financing originally approved for the "Gale
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March 2, 2021
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Centre Refrigeration System Replacements" project, be approved
for the "Drummond Road Watermain Replacement & Road
Reconstruction" project,
3. That $46,885 in Operating Funding originally approved for the
"Schisler Road Bridge S094B Rehabilitation" be approved for the
"Drummond Road Watermain Replacement & Road
Reconstruction" project.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Carried Unanimously
7.5. MW -2021-16 (Report added)
OPG Waterfront Licenses
The report recommends that City Council advise Ontario Power
Generation that it does not support renewal of waterfront licenses for
locations abutting City -licensed lands upon the change of property
ownership.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that Council not support the recommendation
and to ask Staff to explore other boat launch opportunities along the
Creek as part of the Recreation, Culture & Parks Master Plan.
Carried Unanimously
7.6. PBD -2021-10
Revision to Corporate Procedure 500.11
Representation at LPAT Hearings for Committee of Adjustment
The report recommends it is recommended that Council adopt the
revised Procedure 500.11, Representation at LPAT for Committee of
Adjustment.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the report be approved as
recommended.
Carried Unanimously (Councillor Carolynn loannoni was absent from the
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March 2, 2021
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vote).
7.7. TS -2021-03
WEGO Visitor Transportation Services Operational Review
The report recommends the following:
1. That the WEGO Visitor Transportation Services Operational
Review prepared by IBI Group dated January 12, 2021 be
approved by Council; and
2. That the recommendations provided in Table 2 not requiring
budgetary approval or public input at this time be endorsed by
Council; and
3. That Council direct Staff to bring an extension agreement forward
for Council's approval within the terms of the agreement's
timeframes to extend the term of the existing 10 -year agreement
by two years.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that the report be approved as
recommended.
Carried Unanimously
8. 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-2021-13
Monthly Tax Receivables Report — January
The report recommends that Council receive the Monthly Tax Receivables report
for information purposes.
F-2021-16
City Council
March 2, 2021
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Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$34,310,670.81 for the period December 16, 2020 to February 12, 2021.
MW -2021-15
Miller Road — Speed Limit Review
The report recommends the following:
1. That the speed limit on Miller Road between Willoughby Drive and a
point 250 metres west of Niagara River Parkway be reduced from 70
km/h to 60 km/h; and,
2. That the speed limit on Miller Road between Niagara River Parkway and
a point 250 metres west of Niagara River Parkway be reduced from 70
km/h to 50 km/h.
RSC -2021-02
2020 Annual Update from the Culture Division
The report recommends for the information of Council.
TS -2021-02
Niagara Region Transit — Service Provider Agreement —
Two -Year Extension
The report recommends the following:
1. That the two-year optional extension to the original three year agreement,
with the Regional Municipality n of Niagara, for the provision of Niagara
Region Transit services, be approved.
2. That the Mayor and Acting City Clerk be authorized to execute the
necessary agreement.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that the reports are approved as recommended.
Carried Unanimously
9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
City Council
March 2, 2021
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9.1. 2020 Fire Department Annual Report
RECOMMENDATION: That Council receive the report for information.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that Council receive the report for
information.
Carried Unanimously
9.2. Correspondence from resident, Melanie Holm - RE: Women and
Representation
Melanie Holm, resident, requests that the attached correspondence be
brought to Council for information.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Chris Dabrowski that Council receive and file the
correspondence for information.
Carried Unanimously
9.3. Diversity and Inclusion Advisory Committee
As a result of the recommendation made at the February 9, 2021
Council meeting, the number of committee members appointed to the
Diversity and Inclusion Advisory Committee will be slightly increased to
include a minimum of six (6) community members to a maximum of nine
(9).
RECOMMENDATION: That Council appoint 3 additional members to
the Diversity and Inclusion Advisory Committee, namely; Celest Turner,
Sheila DeLuca and Falynn Shaw.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Mike Strange that Council appoint 3 additional members to
the Diversity and Inclusion Advisory Committee,namely; Celest Turner,
Sheila DeLuca and Falynn Shaw.
Carried Unanimously
City Council
March 2, 2021
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9.4. Memo - 5G Installations
A memo from Tiffany Clark, Director of Finance, is attached regarding
the potential liability for 5G installations.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Wayne Thomson that Council receive and file the
correspondence for information.
Carried Unanimously
9.5. Niagara Regional Housing - 4th Quarter Report
Attached is the Niagara Regional Housing (NRH) Quarterly Report
(October 1 - December 31, 2020) for Council's review.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Lori Lococo that Council receive and file the correspondence
for information.
Carried Unanimously
9.6. Letter from Minister of Transportation re: Highway 405/QEW
Interchange
Attached is a letter from the Minister of Transportation, Hon. Caroline
Mulroney, in response to the correspondence sent from the City
regarding the request for a south oriented ramp at the Highway
405/QEW interchange.
RECOMMENDATION: For the information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that Council receive and file the
correspondence for information.
Carried Unanimously
City Council
March 2, 2021
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9.7. Proclamation Request - National Cleaning Week
Keith Tennant, from IHS Depot, is requesting that the City of Niagara
Falls proclaim the week of March 28 - April 3, 2021 "National Cleaning
Week." With the increased interest in cleaning, disinfection and the
desire of all people wishing to thank custodial care workers, it is an
appropriate time to have the city recognize this national and
international event.
RECOMMENDATION: That the City of Niagara Falls proclaim the week
of March 28 - April 3, 2021 as "National Cleaning Week."
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that the City of Niagara Falls proclaim the week
of March 28 - April 3, 2021 as "National Cleaning Week."
Carried Unanimously
10. RESOLUTIONS
10.1. Resolution to go In -Camera - March 22, 2021 at 3:00 PM.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Chris Dabrowski that on March 22, 2021 at 3:00 PM, Niagara
Falls City Council enter into a Special In -Camera session.
Carried Unanimously
11. RATIFICATION OF IN -CAMERA
a) Ratification of In -Camera
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Chris Dabrowski that the proposed sale of City owned land,
being part of road allowance between Concession 1 and Broken Front
Concession Niagara River (Closed by By -Law 2017-133) North Side of
Weaver Road - Parts 1 & 2 on Reference Plan 59R-16217, be sold for
the acceptable offer of $3, 000.00 plus H.S.T. for each of Part 1 & Part 2
and that the recommendations outlined in Staff Report L-2021-04, be
approved; furthermore, that Council gives direction to staff on moving
forward with the Gunning and Mears Pump Station Replacement
Contract.
Carried Unanimously (Councillor Vince Kerrio declared a conflict to L -
City Council
March 2, 2021
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2021-04).
12. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
2021- A by-law to authorize the payment of $34,310,670.81 for General
27 - Purposes.
2021- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
28 - employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2021- A by-law to amend By-law No. 79-200, to permit the use of the lands for
29 - a 2 storey, 11 unit apartment building (AM -2020-009).
2021- A by-law to amend By-law No. 79-200, to permit a 5 storey, 116 unit
30 - hotel on 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. 1999-52 (AM -2020-010).
2021- A by-law to amend By-law No. 79-200, as amended, By-law No. 5335,
31 - 1955, as amended and By-law No. 395, 1966, as amended, to provide
for the temporary use of lands for outdoor patios and/or sidewalk cafes
as an accessory use within certain zones of the City of Niagara Falls
(AM -2021-003).
2021- A by-law to repeal By-law No. 2021-16, being a By-law to establish a
32 - System of Administrative Penalties respecting the stopping, standing or
parking of vehicles in the City of Niagara Falls.
2021- A by-law to declare Part of the Road Allowance between Concession 1
33 - and Broken Front Concession Niagara River, in the former Township of
Willoughby, being Part 2 on 59R-12161 as surplus.
2021- A by-law to amend By-law No. 89-2000, being a by-law to regulate
34 - parking and traffic on City Roads. (Speed Limits on Highways)
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March 2, 2021
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2021- A by-law to authorize the execution of an Agreement of Purchase and
35 - Sale with Her Majesty The Queen in right of the Province of Ontario,
represented by the Minister of Transportation for the Province of
Ontario, for lands surrounding the Beaver Valley Corridor Subdivision
(26T-11-2017-004), being Block 31 on 59M-257, Block 36 on 59M-224
and Block 46 on 59M-241.
2021- A by-law to adopt, ratify and confirm the actions of City Council at its
36 - meeting held on the 2nd day of March, 2021.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Lori Lococo that the by-laws be read a first, second and third
time and passed.
Carried Unanimously
13. NEW BUSINESS
a) Student Volunteer Hours
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Carolynn loannoni that Staff reach out to the Ministry of
Education asking them to consider reducing the student volunteer hour
requirement and if the City becomes aware of opportunities, to advertise
accordingly on the City's website.
Carried Unanimously
b) Tax & Water Rebate Report
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Carolynn loannoni that staff bring back a tax and water rebate
report for people with disabilities.
Carried Unanimously
c) Living Wage Initiative
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Wayne Campbell that staff come back to Council with a report
related to the financial impact of the Living Wage Initiative and how the
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March 2, 2021
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Corporation of City of Niagara Falls and their contractors may be
affected.
Carried Unanimously
d) Council Member Education
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that Council ask Staff to come back with a report
that would outline options that Council could consider that would focus
on ways that Council could do some team -building to improve cohesion
and distancing.
Carried Unanimously
e) Fernwood Park - Skating Rink
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that Council direct staff to go out to test the
soil at Fernwood Park for water retention and to further arrange a public
meeting for residents to see if they are in favour of maintaining a rink;
furthermore, if residents agree, that staff move forward with design and
staff offer the same opportunities to other neighbourhoods.
Carried Unanimously
f) Waiving of Business Licence Fees
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Mike Strange that staff come back with a report on the
waiving of business licence fees and what the financial implications will
be.
Carried Unanimously
14. ADJOURNMENT
a) Adjournment
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the meeting be adjourned at 7:57 PM.
Carried Unanimously
City Council
March 2, 2021
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City Council
March 2, 2021
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