03-03-2020 Niagara MINUTES
City Council Meeting
Falls Tuesday, March 3, 2020 Council Chambers
CANADA 5:00PM
COUNCIL PRESENT: Mayor Jim Diodati, Councillor Vince Kerrio, Councillor Wayne Thomson,
Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Victor
Pietrangelo, Councillor Wayne Campbell
COUNCIL ABSENT: Councillor Carolynn loannoni, Councillor Mike Strange
STAFF PRESENT: Erik Nickel, Kathy Moldenhauer, Karl Dren, Carla Stout, Tiffany Clark, Jo
Zambito, Alex Herlovitch, Trent Dark, Dale Morton, Donna Jaques, Bill Matson,
Ken Todd, Heather Ruzylo
1. IN CAMERA SESSION OF COUNCIL - 4:00 PM
1.1. Resolution to go In-Camera
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Chris Dabrowski that Council enter into an In-Camera
session.
Carried Unanimously (Councillor Carolynn loannoni and Councillor Mike
Strange were absent from the vote).
2. CALL TO ORDER
0 Canada - Performed by: Holly Farquharson
3. ADOPTION OF MINUTES
3.1. Council Minutes of January 28, 2020 (Revised)
3.2. Council Minutes of February 11, 2020
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Wayne Thomson that the revised minutes of January 28,
2020 and the minutes of February 11, 2020 be approved as
recommended.
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Carried Unanimously (Councillor Carolynn loannoni and Councillor Mike
Strange were absent from the vote).
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 to the following
cheques: cheque #435033, payable to herself, dated January 29, 2020
for $1095.70 and to cheque #435503, payable to herself, dated
February 12, 2020 for $115.34 (both reimbursement of expenses).
b) Councillor Wayne Campbell indicated a pecuniary interest to cheque
#435188, dated February 5, 2020, in the amount of$103.74 (remittance
payment to himself).
c) Councillor Victor Pietrangelo indicated a pecuniary interest to cheque
#00262-0003, payable to Niagara Catholic District School Board
(NCDSB) (employer).
d) Councillor Wayne Thomson indicated a pecuniary interest to Item #7.1
(PBD-2020-13, AM-2019-23).
e) Councillor Chris Dabrowski indicated a pecuniary interest to Item #7.1
(PBD-2020-13, AM-2019-23) and to cheque #435453, dated February
12, 2020 in the amount of$1727.94 (Remittance payment to himself).
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences on the passing of Michelle
Marinelli, mother of Michael and his wife, Sarah, owners of Four
Brothers (Cucina); Linda Oswald, mother-in-law of Steve Bush of our
Municipal Works Department and Rosina De Luca, mother-in-law of
Wayne Gates, MPP and former City Councillor for Niagara Falls.
b) Mayor Diodati acknowledged Councillor Victor Pietrangelo for attending
the Niagara Falls Curling Club event at the Falls and for providing
greetings a the Black History Exhibit Opening at the Armoury and for
attending the 22nd Annual Sweep for Kids Bonspiel.
c) Mayor Diodati recognized the following Community Retirements:
**Diane Corkum, Executive Director of Project Share
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• 30 years with Project Share and the last 4 years as Executive
Director
• Diane started as a book-keeper with them in 1989 and has
spearheaded many successful projects over the years, notably,
the Out of the Cold Shelter at St. Andrews Church.
• We wish Diane all the best with her retirement.
**Cathy Crabbe, Mayor and CAO Office, City of Niagara Falls
• Typically, we don't mention every City Hall retiree but Cathy
Crabbe has served the Mayor and CAO's office for more than 15
years and has been with the City of Niagara Falls for nearly 30
years.
• Congratulations to Cathy Crabbe and we wish her all the best!
d) Mayor Diodati made the following announcement:
• We received great news that Festivals and Events Ontario (FEO)
have named two of our signature events in Niagara Falls to the
"Top 100 Festivals"
o Niagara Falls Canada Day Celebration
o Niagara Falls Santa Claus Parade
• The Ontario Power Generation Winter Festival of Lights also
received this honour.
e) Mayor Diodati acknowledged our recently retired City Historian,
Sherman Zavitz and the event being held at the Niagara Falls History
Museum, on March 4, 2020, where he will be presented with a Key to
the City.
f) The next Council meeting is scheduled for Tuesday, March 24, 2020.
6. APPOINTMENTS / PRESENTATIONS
All speakers are reminded that they have a maximum of 5 minutes to make
their presentation.
6.1. Komedy for Kidneys (Presentation added)
Dino Fazio, Founder & Co-Manager, of the "13th Annual Komedy for
Kidneys Rodney Pentland Memorial Benefit Show" informed Council of
the upcoming fundraiser on Thursday, March 12, 2020. Proceeds from
this event will be donated to the Niagara Health Foundation in support of
Dialysis Care in Niagara.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
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Councillor Chris Dabrowski that Council provide direction to staff to
promote the event on our City website.
Carried Unanimously (Councillor Carolynn loannoni and Councillor Mike
Strange were absent from the vote).
6.2. Hockey Canada Foundation - Gala and Golf Event
Larry Landon, Executive Director of the Professional Hockey Players
Association, along with Honourary Co-Chair, Marcel Dionne presented
to Council information pertaining to the upcoming Hockey Canada
Foundation 2020 Gala and Golf Event to be held on Monday, June 15th
and 16th, 2020 at the Scotiabank Convention Centre. The organizers
are seeking financial support from the City of Niagara Falls towards the
Legacy portion of the event to help fund regional programs.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that Council support the efforts of the
Hockey Canada Foundation by contributing $125,000.00 towards the
Legacy portion of the event to help fund regional programs.
Furthermore, that Council provide direction to staff to promote the
upcoming Gala and Golf Event on our City website.
Carried Unanimously (Councillor Carolynn loannoni and Councillor Mike
Strange were absent from the vote).
7. PLANNING MATTERS
7.1. PBD-2020-13
AM-2019-023, Zoning By-law Amendment Application
6289 Fallsview Boulevard (Parcel 1)
Lands at the South-West Corner of Fallsview Boulevard and
Robinson Street (Parcel 2)
6046 Dunn Street (Parcel 3)
Proposal: 16 and 14 Storey Hotel Towers on Parcel 1 With Off-Site
Parking on Parcels 2 and 3
Applicant: 5009868 Ontario Limited, 2100422 Ontario Limited and
1992219 Ontario Limited (Carmen Menechella)
Agent: Broderick and Partners (Italia Gilberti)
The report recommends the following:
1. That Council approve the Zoning By-law amendment application
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to rezone Parcel 1 a site specific Tourist Commercial (TC) zone
to recognize the existing 6 storey hotel and permit 16 and 14
storey hotel towers, with a portion of the required parking
provided off-site on Parcels 2 and 3, subject to the regulations
outlined in this report;
2. That the passage of the amending zoning by-law be conditional
on the execution of a Section 37 agreement to secure a
contribution for streetscape improvements along the land's
frontage on Fallsview Boulevard, Murray Street and Stanley
Avenue and the design of the project; and
3. That the mayor and City Clerk be authorized to execute the
Section 37 agreement and its registration on title 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-2020-13.
Barbara Rooney, owner of 6058 Dunn Street spoke in opposition of the
report.
Italia Gilberti, agent from Broderick and Partners, representing the
applicants, spoke in favour of the recommendations in the staff report.
The Public Meeting was closed.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Wayne Campbell that the report be approved as
recommended.
Carried Unanimously (Councillors Chris Dabrowski and Wayne
Thomson both declared a conflict and Councillor Carolynn loannoni and
Councillor Mike Strange were absent from the vote).
8. REPORTS
8.1. TS-2020-09
Seniors Free Transit Pilot Program Review
Carla Stout, Manager of Transit Operations, presented to Council.
Sandy Bird, local resident at 3568 Montrose Road and member on the
Accessibility Committee, spoke to Council regarding this report.
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The report recommends that this report be received for the
consideration of Council.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Chris Dabrowski that the matter be referred back to staff to
explore further options and report back to Council. Furthermore, that
staff address the ridership of Chair-a-Van and plans to address future
service.
Carried Unanimously (Councillor Carolynn loannoni and Councillor Mike
Strange were absent from the vote).
8.2. PBD-2020-04
Matters Arising from Municipal Heritage Committee
Earl Thomas House 6320 Pine Grove Ave - Proposed Severance
Owner: Jajou Fourat
***Allan Heywood and Leah Wallace made presentations to Council.***
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 that Council
not support the staff recommendation but to approve the land severance
in the location of the proposed dwelling.
Motion defeated (No seconder)
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Lori Lococo that the report be approved as recommended.
Carried Unanimously (Councillor Wayne Thomson opposed and
Councillor Carolynn loannoni and Councillor Mike Strange were absent
from the vote).
8.3. Finance - 2020 Operating Budget (Presentation added)
Tiffany Clark, Director of Finance, provided a verbal report and updated
Council on the 2020 Operating Budget.
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Alicia Subnaik-Kilgour, Niagara Falls Public Library CEO/Chief Librarian
and Anne Andres-Jones, Niagara Falls Public Library Board Chair,
addressed Council.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Chris Dabrowski that Council approve the Operating Budget
with a net levy increase of 3.53%.
Carried Unanimously (Councillor Carolynn loannoni and Councillor Mike
Strange were absent from the vote).
8.4. F-2020-10
Fee for Service/Permissive Grants
The report recommends the following:
1. That Council approve the recommended categories and
recommended 2020 funding levels for existing organizations the
City funds as illustrated by staff on attachment 3 - "Existing Fee
for Service/Grants - 2020 Recommended Categories and
Amounts" for a total increase over 2019 funding levels of 1.75%
or $116,468.
2. The Council continue the previous strategy of not entertaining
any new grants given the financial constraints the City is facing in
funding its own operating and capital expenditures, and need to
reduce the infrastructure deficit.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Wayne Thomson that the report be approved as
recommended.
Carried Unanimously (Councillor Wayne Campbell,Councillor Carolynn
loannoni and Councillor Mike Strange were absent from the vote).
8.5. PBD-2020-14
Housing Directions Study: Council Authorization
The report recommends that Council authorize the development of a
Housing Directions Study to help provide policy and strategic guidance
to future ownership, rental and affordable housing initiatives in the City.
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ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that the report be approved as
recommended.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
8.6. MW-2020-02
Gunning and Mears Sewage Pumping Station Upgrades
Construction Services & Tender Award - Contract No. 2020-291-12
The report recommends the following:
1. That Staff be authorized to amend the purchase order allowing
for the direct-appointment of contract administration and
inspection services to GM BluePlan Engineering Limited for the
revised amount of$165,427.90.
2. That the contract be awarded to the lone bidder Baseline
Construction Inc. at the amended bid price of$714,000.
3. That the Mayor and City Clerk be authorized to execute the
necessary contract documents.
4. That the additional costs of$399,700 associated with the
completion of this project be approved to be spent now, with
funding to be determined during the 2021 capital budget
deliberations.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that the report be approved as
recommended.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
8.7. MW-2020-03
Kitchener Street Sewer Separation
Construction Services
The report recommends that Staff be authorized to direct-appoint
construction services to Associated Engineering (Ont.) Ltd. in the
amount of$225,120.
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ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that the report be approved as
recommended.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
8.8. MW-2020-04
Niagara Falls Lions Club — Leasehold Building Improvement Grant
Request
The report recommends that Council refer the grant request from the
Niagara Falls Lions Club for leasehold building improvements to the
2021 Capital Budget for further consideration; and further,
That Council direct Staff to perform exterior sidewalk accessibility
improvements at the Niagara Falls Lions Club in 2020 as part of the
annual concrete/asphalt restoration program.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Victor Pietrangelo that the report be approved as
recommended.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
8.9. R&C-2020-02
Recreation & Culture Fee for Service Agreements
The report recommends the following:
1. That City Council approve the two year (2020,2021) Fee for
Service Agreement for the Niagara Falls Boys & Girls Club.
2. That the fee for service funding be referred to the 2020 operating
budget deliberations for consideration.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that the report be approved as recommended.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
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8.10. R&C-2020-03
Niagara Falls Cultural Ambassadors
The report recommends the following:
1. That the City of Niagara Falls expands the Cultural Ambassadors
positions to include a Poet Laureate program as recommended
by the Culture Committee.
2. And that Council approve the modifications to the City Historian
to a Historian in Residence position as recommended by the
Culture Committee.
3. And that Council approve the new Roles and Responsibilities for
the Cultural Ambassador positions.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that Council refer the matter back to staff for
an updated report.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange 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.
F-2020-11
Monthly Tax Receivables Report—January
The report recommends that Council receive the Monthly Tax Receivables
report for information purposes.
F-2020-12
Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$11,884,519.82 for the period January 22, 2020 to February 12, 2020.
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L-2020-03
Notice for closure of portion of Blackburn Parkway
Part 6 on 59R-16425 — Reconfiguration of Montrose Business Park
Our File No. 2017-175
The report recommends the following:
1. That Report L-2020-03 act as public notice that at its meeting to be held
on March 24, 2020, at the Council Chambers, City Hall, 4310 Queen
Street, in the City of Niagara Falls, at 5:00pm, the Council of The
Corporation of the City of Niagara Falls will consider the passage of a
by-law to close a portion of Blackburn Parkway legally described as Part
6 on 59R-16425 pursuant to subsection 3(c) of By-law No. 2003-02
which establishes procedures for giving notice.
2. In the event that Council determines that it is in the public interest to do
so, that the portion of Blackburn Parkway legally described as Part 6 on
59R-16425 and shown in yellow on Schedule "G" attached be
permanently closed by the passage of a by-law at the March 24, 2020,
Council Meeting.
3. That the City Solicitor cause the by-law to be registered in the Local
Registry Office after its passage.
MW-2020-05
Niagara Falls Disc Golf Club - Grant Request
The report recommends that Council approve in-kind support of labour and
equipment (only) by Municipal works for the drilling, pouring and placing of disc
golf baskets at Firemans Park, contingent on the successful fundraising for the
supply of baskets and all other amenities by the Niagara Falls Disc Golf Club.
PBD-2020-15
Proposed Telecommunication Facility
10045 Schisler Road, Forbes Bros Limited Telecommunication
Services on behalf of Xplornet Communications
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 45m (148') tall self support style communications structure
and related equipment on the lands known as 10045 Schisler Road.
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PBD-2020-16 (Report Updated)
Land Planning Appeal Tribunal Status Update
The report recommends that Council receive the and provide direction where
required.
TS-2020-11
Third Avenue — Parking Review
The report recommends that the "No Parking Except By Permit" zone on the
east side of Third Avenue between a point 58 metres south of Hamilton Street
and a point 67 metres south of Hamilton Street be removed.
TS-2020-12
Mewburn Road — Speed Limit Review
The report recommends that the speed that the speed limit on Mewburn Road
between the City's north limits and Mountain Road be reduced from 80km/h to
60 km/h.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that the reports are approved as recommended.
Carried Unanimously (Councillor Carolynn loannoni and Councillor Mike
Strange were absent from the vote).
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. The Niagara Federation of Agriculture
The Niagara Federation of Agriculture would like to ask for Council's
support in the passing of Bill 156, Security from Trespass and Protecting
Food Safety Act.
RECOMMENDATION: For Council's Consideration.
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ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Victor Pietrangelo that Council supports the passing of Bill
156, Security from Trespass and Protecting Food Safety Act.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
10.2. Municipality of Southwest Middlesex
Resolution from the Municipality of Southwest Middlesex in support of
Bill 156-Security from Trespass and Protecting Food Safety Act, 2019.
RECOMMENDATION: For Council's Consideration.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Victor Pietrangelo that Council supports the resolution from
the Municipality of Southwest Middlesex in support of Bill 156-Security
from Trepass and Protecting Food Safety Act, 2019.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
10.3. Flag-Raising Request - Autism Ontario
Autism Ontario is requesting the City of Niagara Falls to participate in
Autism Ontario's "Raise the Flag" campaign on Thursday, April 2, 2020
in celebration of World Autism Day.
RECOMMENDATION: That Council approve the request.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the City participates in Autism Ontario's
"Raise the Flag"campaign on Thursday, April 2nd, 2020 in celebration
of World Autism Day.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
10.4. Proclamation Request
The proclamation request is to recognize Tuesday, July 28, 2020 as
"World Hepatitis Day" in Niagara Falls.
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ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that the City recognize Tuesday, July 28,
2020 as "World Hepatitis Day"in Niagara Falls.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
10.5. United Shoreline Ontario (USO)
United Shoreline Ontario (USO) is requesting that all shoreline MPs and
MPPs turn their attention towards advocating for emergency
preparedness on behalf of their constituents. USO is requesting that the
Federal and Provincial government fund a comprehensive shoreline
emergency management strategy for the anticipated 2020 floods.
RECOMMENDATION: For Council's Consideration.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Wayne Campbell that Council receive and file the
correspondence for information.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
10.6. Niagara Regional Housing
Niagara Regional Housing (NRH) Quarterly Report - 4th Quarter 2019
Report to Board and Council.
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.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
11. 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$11,884,519.82 for General
19 - Purposes.
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2020- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
20 - employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2020- A by-law to amend By-law No. 79-200, to regulate the Splendour Plan of
21 - Subdivision on the Lands (AM-2019-018).
(schedule added)
2020- A by-law to provide for the adoption of Amendment No. 136 to the City
22 - of Niagara Falls Official Plan (AM-2019-018). (Map added)
2020- A by-law to adopt, ratify and confirm the actions of City Council at its
23 - meeting held on the 3rd day of March, 2020.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that the by-laws be read a first, second and third
time and passed.
Carried Unanimously (Councillor Carolynn loannoni and Councillor
Mike Strange were absent from the vote).
12. RATIFICATION OF IN-CAMERA
Nothing to ratify in Open Council.
13. NEW BUSINESS
a) Remuneration of Board Members
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Lori Lococo that Council provides direction to staff to amend
the City's practice where Council members are paid $75.00 per meeting
for any meetings they attend for Committees, Boards or Commissions in
which they have been appointed to, when it doesn't conflict with the
rules/regulations of other board/commissions's bylaws.
Carried Unanimously (Councillor Carolynn loannoni and Councillor Mike
Strange were absent from the vote).
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ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that Council go into Closed Session for the
purpose of potential litigation with respect to the property at 3200
Stanley Avenue.
Carried Unanimously (Councillor Carolynn loannoni and Councillor Mike
Strange were absent from the vote).
14. ADJOURNMENT
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City Clerk
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