01-28-2020 Niagara MINUTES
City Council Meeting
.Falls Tuesday, January 28, 2020 Council Chambers
CANADA 5:00 PM
COUNCIL PRESENT: Mayor Jim Diodati, Councillor Mike Strange, Councillor Wayne Thomson,
Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Victor
Pietrangelo, Councillor Wayne Campbell
COUNCIL ABSENT: Councillor Carolynn loannoni, Councillor Vince Kerrio
STAFF PRESENT: Alex Herlovitch, Donna Jaques, Erik Nickel, Karl Dren, Kathy Moldenhauer,
Tiffany Clark, Ken Todd, Bill Matson, Heather Ruzylo
1. IN CAMERA SESSION OF COUNCIL - 4:00 PM
1.1. Resolution to go In-Camera
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Chris Dabrowski that Council enter into an In-Camera
session.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
2. CALL TO ORDER
0 Canada - Performed by: Allessandra Dino
3. ADOPTION OF MINUTES
3.1. Council Minutes of January 14, 2020
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the minutes of January 14, 2020 be
approved as recommended.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
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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.
None to report.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences on the passing of Nick Ross.
• Nick Ross was a retired Niagara Regional Police Officer, having
served more than 30 years.
• He was a WWII and Korean War Veteran.
• He was committed to community service and one of the founders
of the long-loved Blossom Festival and Blossom Festival Parade.
• He was the first captain of the Police Tug of War team on the
Rainbow Bridge where participants from Niagara Falls NY and
Niagara Regional police still face off annually today.
b) Mayor Diodati recognized Councillor Wayne Campbell for attending the
40th Birthday celebration and certificate presentation to Tina Myers.
c) Mayor Diodati recognized the recent Annual Sports Wall of Fame
acknowledging the 5 inductees.
d) The next Council meeting is scheduled for Tuesday, February 11, 2020.
6. APPOINTMENTS / PRESENTATIONS
All speakers are reminded that they have a maximum of 5 minutes to make
their presentation.
6.1. 2020 Parking Budget
Tiffany Clark, Director of Finance, provided an overview of the 2020
Parking Budget.
The report recommends that Council approve the 2020 proposed
parking budget as presented.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that Council approve the proposed 2020
Parking Budget as presented.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
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6.2. MW-2020-01 (Report added)
Confirmation of Niagara Falls Enhanced and Optional Enhanced
Collection Services for Niagara Region's New Waste Management
Collection Contract
The report recommends the following:
1. That Council provide feedback to the Regional Municipality of
Niagara per their request regarding Enhanced and Optional
Enhanced Collection Services pertaining to the new Regional
Waste Collection Contract.
2. That Council consider the Staff recommendation for Enhanced
and Optional Enhanced Collection Services as follows, and as
further described in Report MW-2020-01:
Recommended
• Option 1A - Public Space Litter Bin Collection (partial-Year
Daily)
• Option 2A - Public Space Recycling Bin Collection (Partial -
Year Daily)
• Option 3 - Seven (7) Curbside Garbage Containers per
Property, per Week, for Industrial, Commercial &
Institutional (ICI) and Mixed-Use (MU) properties
Inside DBAs.
• Option 4 - Eight (8) Additional Curbside Containers per
Property, per week for Food & Lodging
properties only Inside DBAs.
Not Recommended
• Alterative 1 - Public Space Litter Bin Collection (Full - Year
Daily)
• Alternative 2 - Public Space Recycling Bin Collection (Full-
Year Daily)
• Option 5 - Containerized Garbage Collection at MR and MU
properties
• Option 6 - Six (6) Garbage Containers per Property, per
Week, for MU properties outside of DBAs.
• Option 7 - Bulky Goods Collection at MR and MU
properties.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that Council provide feedback to the
Regional Municipality of Niagara per their request regarding Enhanced
and Optional Enhanced Collection Services pertaining to the new
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Regional Waste Collection Contract.
Furthermore, that Council approve the following Enhanced and Optional
Enhanced Collection Services:
Option IA— Public Space Litter Bin Collection (Partial-Year Daily)
Option 2A— Public Space Recycling Bin Collection (Partial-Year Daily)
Option 3 — Seven (7) Curbside Garbage Containers per Property, per Week,
for Industrial, Commercial & Institutional (ICI) and Mixed-Use (MU) Properties
Inside DBAs
Option 4— Eight(8) Additional Curbside Containers per Property, per Week for
Food& Lodging Properties only Inside DBAs
Option 5— Containerized Garbage Collection at MR and MU Properties
Option 6— Six (6) Garbage Containers per Property, per Week, for MU
Properties outside of DBAs and
Furthermore, that Council's selection of Enhanced Options, and
notification to the Niagara Region of the same, not preclude the City of
Niagara Falls from opting out of Regional Waste Management Services
at a later date.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
7. PLANNING MATTERS
7.1. PBD-2020-06
26CD-11-2019-005
Legends Phase 3 Plan of Vacant Land Condominium
Weinbrenner Road East of Willoughby Drive
Applicant: 800460 Ontario Inc. (Fred Costabile)
Agent: Craig Rohe, Upper Canada Consultants
The report recommends the following:
1. That the Legends Phase 3 Plan of Vacant Land Condominium be
draft approved subject to the conditions in Appendix A;
2. 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;
3. 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
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4. 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 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-2020-06.
Craig Rohe, of Upper Canada Consultants, representing the applicant,
spoke in support of the staff report.
Rocky Vacca, spoke to Council addressing his concerns regarding
Condition 26.
The Public Meeting was closed.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that the report be approved as recommended
with the deletion of condition 26.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
7.2. PBD-2020-08
26T-11-2019-004 & AM-2019-018
Splendour Draft Plan of Subdivision and Official Plan and Zoning
By-law Amendment Application
Southwest Corner of McLeod and Kalar Roads
Applicant: Cobas Developments Inc. (Mark Basciano)
Agent: Upper Canada Consulting (William Heikoop)
The report recommends the following:
1. That the application to amend the Official Plan (Garner South
Secondary Plan) be approved as detailed in this report and
shown on Appendix B.
2. That the application to amend the Zoning By-law be approved
subject to the modifications detailed in this report;
3. That the Splendour Plan of Subdivision be draft approved subject
to the conditions in the attached Appendix A;
4. 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
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decision have been lodged;
5. 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
6. 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-2020-08.
William Heikoop, of Upper Canada Consulting, representing the
applicant, Cobas Developments Inc., spoke in support of the staff report
proposing changes to 2 conditions.
The Public Meeting was closed.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that the report be approved as
recommended with adjusted wording to condition #30, to read: Cytec
Canada shall not unreasonably withhold their clearance of this provision,
subject to the discretion of the City Solicitor and to revise condition #19
to read: The developer maintain ownership of a designated lot of a
sufficient width, not greater than 19m for a potential road connection to
the west, but be subject to a 5 year reserve provision by the City with a
provision for one 5 year renewal period, to be exercised at least 90 days
prior to the expiry of the renewal period as may be determined at the
time. If the City does not require the lot for road purposes to specifically
implement an approved development plan to the west, within a
maximum period of 10 years, the developer shall be permitted to apply
for a residential building permit(s) on the lot. The final plan of subdivision
shall label this lot as `potential future road".
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
8. REPORTS
8.1. PBD-2020-04
Matters Arising from Municipal Heritage Committee
Earl Thomas House 6320 Pine Grove Ave — Proposed Severance
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The report recommends that Council not approve the proposed
alteration of the property in the form of the severance of a portion of the
property as it will impact the setting of the building on the property which
is one of its most important heritage attributes.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that the report be deferred.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
8.2. F-2020-04
2017 Closed Capital Projects Variance Report
The report recommends that Council receive the 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 Mike Strange that the report be approved as recommended.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
8.3. TS-2020-07 (Report added)
Multi-Year Governance Agreement For the Joint Transit
Procurement Facilitated By Metrolinx, 2019-2024
The report recommends the following:
1. That Council approve the Agreement for the purchase of buses
and associated parts through the Metrolinx Transit Procurement
Initiative for 2019- to 2024.
2. That the Mayor and City Clerk be authorized to execute the
necessary Agreement.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Victor Pietrangelo that the report be approved as
recommended.
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Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
8.4. TS-2020-08 (Report added)
Rainbow Crosswalk Request - Update
The report recommends for the information of Council.
Falynn Shaw recited a poem to address Council in support of the
Rainbow Crosswalk.
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Lori Lococo that Council allocate $1500.00 from the
Transportation Services budget and to add a timeline to have it
completed prior to the Pride Week Flag Raising event.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
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.
CD-2020-02 (Report added)
Fee Waiver Application
Niagara Falls Mayor's Youth Advisory Committee-Youth Forum
The report recommends that Council approve the Fee Waiver Application for:
• "Niagara Falls Mayor's Youth Advisory Committee —Youth Forum" to be
held on Thursday, March 5, 2020, in the amount of$550.00 for the
waiver of student transit fares to and from the event.
F-2020-05
Monthly Tax Receivables Report— December
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The report recommends that Council receive the Monthly Tax Receivables
report for information purposes.
F-2020-06
2020 Interim Tax Levy
The report recommends that Council approve the 2020 Interim Tax Levy
calculation and by-law providing for the 2020 Interim Tax Levy.
PBD-2020-02
PLC-2019-004, Request for Removal of Part Lot Control
Block 92 in Plan 59M-395
Chippawa West Plan of Subdivision
Applicant: Queensway Chippawa Properties Inc.
The report recommends the following:
1. That Council approve the request and pass the by-law included in
tonight's agenda to designate Block 92, Registered Plan 59M-395, as
exempt from Part Lot Control for a period of two years;
2. That the by-law exempting Block 92 from Part Lot Control not be
registered until Queensway Chippawa Properties Inc. has conveyed
Part of Block 92 (Part 1 on plan 59R-14751) to the City without charge
and encumbrances, and entered into an agreement and provided
securities for the construction of a fenced walkway on the land linking
Tallgrass Avenue and Lyon's Creek Road to the City's satisfaction; and
3. That Council approve lifting of the easement over Part of Block 92 (Part
2 on plan 59R-14751) which was registered for emergency access until
a street connection was provided to Willick Road.
PBD-2020-03
Amendment to Designated Property Grant for
Stone Building at the Halfway, 2358 Portage Road
the report recommends that Council approve the amended Designated
Property Grant Amount of$1921.00 that reflects the cost of installation and
additional work necessary.
PBD-2020-05
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26CD-11-2018-004, Draft Plan of Vacant Land Condominium
Modification to Draft Plan Approval
Block 88, Plan 388, Northwest Corner of Kalar Road & Mulberry Drive
Applicant: Imagine Townhomes GP Inc.
Agent: Armstrong Planning & Project Management (Maria Jones)
The report recommends the following:
1. That subject subsection 51(47) of the Planning Act, 1990 R.S.O.,
Council consider passing the resolution on tonight's agenda to deem the
changes requested by Imagine Townhomes GP Inc. to the Draft Plan of
Vacant Land Condominium for Block 88, Plan 388 to be minor; and
determine that no further notice is required;
2. That the modified Plan of Vacant Land Subdivision be draft approved
subject to the modified conditions in Appendix A; and
3. That the Mayor or designate be authorized to sign the modified 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.
R&C-2020-01
2019 Annual Update from the Public Art Advisory Task Force
The report recommends for the information of Council.
Councillor Lori Lococo requested that Report R&C-2020-01 be pulled to allow
Kathy Moldenhauer, Director of Recreation & Culture, an opportunity to
address and update Council.
Kathy Moldenhauer, Director of Recreation & Culture, updated Council on the
Public Art Advisory Task Force.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that all the reports but R&C-2020-01 be approved
as recommended.
Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince
Kerrio were absent from the vote).
ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor
Chris Dabrowski that Report R&C-2020-01 be approved as recommended.
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Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince
Kerrio were absent from the vote).
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Flag-Raising - Girl Guides of Canada
Girl Guides of Canada are requesting a flag-raising ceremony at the
Niagara Falls City Hall to recognize "World Thinking Day" on Saturday,
February 22, 2020. World Thinking Day for all Girl Guides and Boy
Scouts worldwide is an occasion to celebrate the birthdays of the
founders, Lord and Lady Baden Powell. This year marks the 94th
celebration.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Campbell that Council approve the request to hold a
flag-raising ceremony at the Niagara Falls City Hall to recognize "World
Thinking Day"on Saturday, February 22, 2020.
Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were
absent from the vote).
10.2. Flag-Raising - Bell Let's Talk
Bell is requesting a Flag-Raising ceremony on Wednesday, January 29,
2020 in Niagara Falls as a way for our City to show support for "Bell
Let's Talk Day" and mental health in our community.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Campbell that Council approve the request by holding
a flag raising ceremony on Wednesday, January 29, 2020 in Niagara
Falls as a way for our City to show support for "Bell Let's Talk Day"and
mental health in our community.
Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were
absent from the vote).
10.3. Town of Deep River - Resolution Supporting Premiers Developing
Small Modular Technology
Resolution from the Council of the Town of Deep River to all Provincial
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Premiers in support of the development of Small Modular Nuclear
Reactor Technology as a green energy solution scalable to small,
medium and large sized communities worldwide.
RECOMMENDATION - For the Information of Council.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Lori Lococo that Council receive and file the correspondence
for information.
Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were
absent from the vote).
10.4. Regional Niagara -Various Correspondence
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 (Councillors Pietrangelo, loannoni and Kerrio were
absent from the vote).
10.5. Boys and Girls Club of Niagara - Champions for Children Gala
Taking place Thursday February 13, 2020 from 6:00pm to 10:00pm at
Ruth's Chris Steakhouse.
Cost: $130 + tax per person, tables of 8
RECOMMENDATION - For the Information of Council.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Campbell that Councillors have the option to
purchase individual tickets for the Gala on February 13, 2020 to support
the event.
Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were
absent from the vote).
11. RESOLUTIONS
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11.1. Resolution - 26CD-11-2018-004, Draft Plan of Vacant Land
Condominium
Modification to Draft Plan Approval
Block 88, Plan 388, Northwest Corner of Kalar Road & Mulberry
Drive
Applicant: Imagine Townhomes GP Inc.
Agent: Armstrong Planning & Project Management (Maria Jones)
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that the resolution be approved.
Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were
absent from the vote).
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 provide an interim levy of realty taxes.
9 -
2020- A by-law to amend By-law No. 89-2000, being a by-law to regulate
10 - parking and traffic on City Roads. (Parking Prohibited, Stop Signs at
Intersections, Heavy Vehicle Restriction)
2020- A by-law to designate Part of Block 92 on 59M-395, designated as Part
11 - 2 on 59R-14751, not be subject to part-lot control (PLC-2019-004).
2020- A by-law to adopt, ratify and confirm the actions of City Council at its
12 - meeting held on the 28th day of January, 2020.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that Council defer the proposed by-law
2020-12 - (A by-law to authorize the execution of an Agreement of
Purchase and Sale with Walker Aggregates Inc. as Purchaser and The
Corporation of the City of Niagara Falls as Vendor, for the sale of certain
lands located in the City of Niagara Falls, legally described as Road
Allowance between Township Lot 120 & 136 Stamford (Closed by Bylaw
SN356642), and, Part Township Lot 119 Stamford; Part Township Lot
120 Stamford being Upper's Lane lying between Thorold Townline Road
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& Beechwood Road).
Carried Unanimously (Councillors Pietranqelo, loannoni and Kerrio were
absent from the vote).
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the by-laws be read a first, second and
third time and passed.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
13. NEW BUSINESS
a) Stop Sign Review
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Wayne Thomson that Staff bring back a report regarding the
possibility to reduce the number of stop signs throughout the City, to be
replaced with yield signs and how this might reduce our carbon footprint.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
b) Lyme Disease Awareness
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Campbell that staff/Councillors meet with the 2 School
Board Trustees and find out what awareness, if any, is circulated to our
elementary and high school students about early detection of Lyme
disease and prevention.
And that staff reach out to our own Provincial and Federal Health
Ministers (MPP Christine Elliott and MP Patty Hajdu) to find out what
remedies are being taken or forthcoming, for treating Lyme disease.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
c) Public Meeting Updates - re: ICBL - Cannabis
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
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Councillor Wayne Campbell that Council direct Staff to have a notice
posted to the City's website to register for updates on Public Meetings,
related to Cannabis and the ICBL (Interim Control By-law).
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
d) Traffic Study Review
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that Council request a report back from Staff
on findings of the traffic study with regards to speed humps done in the
area of McLeod and Kalar Roads, particularly St. Michael Avenue.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
14 RATIFICATION OF IN-CAMERA
a) Ratification of In-Camera
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that Council formally request that the
Regional Municipality of Niagara allow the City to opt out of waste
management services being offered by the Region, allowing the City the
opportunity to directly provide waste management services to the City of
Niagara Falls.
Carried Unanimously (Councillor Wayne Thomson was opposed and
Councillor Carolynn loannoni and Councillor Vince Kerrio were absent
from the vote).
14. ADJOURNMENT
a) Adjournment
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that the meeting be adjourned at 7:26 pm.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Vince Kerrio were absent from the vote).
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Mayor
City Clerk
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