04-02-2020 Niagara Special City Council Meeting
rails April 2, 2020 Council Chambers 1:30 PM
ANADA Electronically (Zoom App)
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
COUNCIL ABSENT:
STAFF PRESENT: Alex Herlovitch, Ed Lustig (Acting City Solicitor), Erik Nickel, Jim Boutilier,
Kathy Moldenhauer, Trent Dark, Serge Felicetti, Tiffany Clark, Mat Bilodeau,
Bill Matson, Ken Todd, Heather Ruzylo
1. IN CAMERA SESSION OF COUNCIL - 1:00 PM
1.1. Resolution to go In-Camera
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Vince Kerrio that Council enter into an In-Camera session.
Carried Unanimously
2. CALL TO ORDER
Playing of 0 Canada
3. ADOPTION OF MINUTES
3.1. Council Minutes of March 3, 2020.
3.2. Council Minutes of March 20, 2020
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the minutes of March 3, 2020 and
March 20, 2020 be approved as recommended.
Carried Unanimously (Councillor Carolynn loannoni declared a conflict
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of interest to PBD-2020-13, under March 20, 2020 agenda).
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. PRESENTATIONS
5.1. COVID-19 - Update to Council
Ken Todd, CAO, provided a presentation to Council regarding Covid-19.
The presentation included the following staff recommendations:
•Council endorse the COVID-19 response measures already
implemented by staff
•Council reconvene in two weeks time to:
•Approve additional measures and service level changes post April 30,
2020
•Consider the Utility Budget
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Chris Dabrowski that the staff recommendations in
presentation be approved and to accept and endorse the decisions and
measures that have been implemented to date through the Emergency
Operations Centre (EOC).
Carried Unanimously
6. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati acknowledged the following birthdays: Councillor Chris
Dabrowski (March 31st); CAO, Ken Todd (April 12th) and Councillor
Carolynn loannoni (April 13th).
b) Mayor Diodati extended condolences on the passing of Salvatore "Sam"
DiCarlo, uncle to Councillor Victor and Anita Pietrangelo, father-in-law of
Michael Newport of Recreation & Culture and Dave MacLean of our
Municipal Works Department; Cyndi Carroll, daughter of former City
employee, Laura Carroll; Linda Ward, wife of former City Councillor,
Bruce Ward, Mavis Harris, grandmother of Tiffany Clark, Director of
Finance and Hilda Fair, former active member on our Mayor's
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Accessibility Advisory Committee.
c) COVID-19 Brief Update / CRUSH THE CURVE
• Mayor Diodati thanked the CAO for providing a thorough update
on the COVID-19 situation.
• Mayor Diodati extended gratitude to the CAO, Ken Todd, along
with Chief Jim Boutilier, Fire Chief and head of our Emergency
Operations Centre and to all of the staff whom are working
around the clock to manage this crisis and our response in the
community.
• Area Mayors and our community supported an empowering
message: "CRUSH THE CURVE."
• Stay at home.
• Keep physical distance.
• Wash your hands.
• It takes all of us working together to "CRUSH THE CURVE."
• Mayor Diodati acknowledged and thanked all the front lines
"Crushing the Curve."
• Healthcare workers, first responders, grocery store clerks,
pharmacy employees, transit drivers, delivery and postal
service, volunteers, city employees delivering essential
services to EVERYONE else - THANK YOU.
• Mayor Diodati expressed thanks to EVERYONE - all of the
residents for following the rules and staying home.
• FAQ's
• We are very proud of our Communications Team and the
"Frequently Asked Questions" page on our website.
• Great information there on everything from city services, to
paying bills, to tax relieve, to Provincial price-gouging hotlines.
• It is a really great resource for our community to get answers to
all of the pressing questions.
Good News Stories:
• Many of our local businesses and community groups are sharing
the "Crush the Curve" message on signs and on social media -
letting people know that they have a role in making our
community safe!
• Vann Media and Pattison Signs have generously donated space
and printing for billboards, marquis and roving signage to help
spread the word.
• A large outpouring of community donations including from
Destination Niagara, who has received a donation of$20,000.00
to put toward Personal Protective Equipment in our community.
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• Contacted by John McCall MacBain to offer community donations
to agencies helping our residents through this crisis, notably,
Project Share, Niagara Falls Outreach (The Soup Kitchen) and
the YWCA.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that Council support the Mayor's message and
share in the decision to support the declaration of emergency, to be
announced Friday, April 3rd, 2020.
Carried Unanimously (Councillor Carolynn loannoni's vote was not taken
due to a loss of connection with the Zoom app).
d) The next Council Meeting is scheduled for Tuesday, April 21st at 1:00
PM (new start time).
7. REPORTS
7.1. CD-2020-04
Electronic Participation at Council Meetings
The report recommends for the Information of Council.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Vince Kerrio that Council supports the recommendation from
the report to support electronic participation at open Council meetings.
Carried Unanimously
7.2. FS-2020-02
Station 5 Parking Lot
The report recommends that Council receive the Station 5 Parking Lot
report for consideration.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that Council support the recommendation in
the report and supports the 3rd option of:
• Pay 50% of the cost and give the Willoughby Volunteer Fire
Department an interest free loan for the remaining amount. With
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the interest free loan the City can collect the money back through
reducing the annual rent by a portion equal to ($10,000.00) paid
by the City of Niagara Falls. This would allow the City to recover
the money within 7.5 years.
Carried Unanimously
7.3. PBD-2020-20
2 Percent Parkland Dedication
Tourist Commercial & General Commercial Areas
The report recommends that City Council:
1. Adopt the recommended changes to the parkland dedication by-
laws, as outlined in this report; and
2. Direct staff to bring back the by-law amendments to the next
Council meeting.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Vince Kerrio that Council supports the recommendations from
the report.
Carried Unanimously
7.4. PBD-2020-21
GTY-2020-001, Gateway Community Improvement Plan and
Municipal Employment Incentive Program Application
8001 Blackburn Parkway
Industry Brew Factory (Applicant: 5009939 Ontario Inc.)
The report recommends the following:
1. That Council approve the Niagara Gateway CIP Tax Increment
Based Grant program and Municipal Employment Incentive
Program Application for 8001 Blackburn Parkway subject to the
Owner satisfying the program requirements.
2. That Council approve the use of the Capital/Operating reserve to
offset the approximate planning and building permit fees of
$16,037.00.
3. That the Niagara Region be advised of the decision of City
Council.
4. That the Mayor and Clerk be authorized to sign and execute the
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Tri-part grant agreement and Municipal Employment Incentive
Program Agreement.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Victor Pietrangelo that Council supports the
recommendations from the report.
Carried Unanimously
7.5. PBD-2020-22
Revitalization Grant Application under the
Historic Drummondville CIP — DRU-2020-001
Formerly 5510-5526 and 5536 Ferry Street,
5916 Allendale Avenue, 5943 Stanley Ave, and a
Vacant Parcel on Stanley Avenue (now consolidated)
Applicant: Pawel Fugiel, La Pue International Inc.
The report recommends the following:
1. That Schedule "A" to By-law 2006-226 being a by-law to
designate the Historic Drummondville Community Improvement
Project Area By-law be amended to include the whole of the
lands identified in this report as shown on Appendix 3 attached to
this report.
2. That Council approve the Revitalization Grant Application for La
Pue International Inc. on lands bordered by Stanley Avenue,
Ferry Street and Allendale Avenue subject to the Owner
satisfying the program requirements including entering into an
agreement with the City of Niagara Falls.
3. That the Mayor and Clerk be authorized to sign the agreement.
4. That the revitalization grant request be forwarded to the Niagara
Region for consideration of support under the Smart Niagara
Incentive Program (SNIP).
5. That the City request that Niagara Region consider an
amendment to Schedule "E4" of the Region's Development
Charges By-law to include the whole of the subject lands as
shown on Appendix 3 attached to this report.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that Council supports the 5
recommendations from the report.
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Carried Unanimously
7.6. PBD-2020-29
Exemption Request to 2-Year
Waiting Period for Minor Variance
File: AM-2018-023
By-law No. 2020-06
Property: 5510-5526 & 5536 Ferry Street, 5916 Allendale Avenue &
5943 Stanley Avenue
Proposal: 6 Storey Hotel (148 rooms), 7 Storey Mixed Use Building
(65 dwelling units and 893 square metres of commercial floor
space) & 30 Storey Apartment Building (285 dwelling units)
Applicant: La Pue International Inc. (Pawel Fugiel)
Agent: Michael Allen
The report recommends that subject to subsection 45(1.4) of the
Planning Act, 1990 R.S.O., Council consider passing the resolution on
today's agenda to grant an exemption to the 2-year waiting period for
minor variances and thereby allow La Pue International Inc. to file an
application to the City's Committee of Adjustment for their project.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that Council supports the recommendation from
the report.
Carried Unanimously
8. RESOLUTIONS
8.1. PBD-2020-29
Exemption Request to 2-Year
Waiting Period for Minor Variance
File: AM-2018-023
By-law No. 2020-06
Property: 5510-5526 & 5536 Ferry Street, 5916 Allendale Avenue &
5943 Stanley Avenue
Proposal: 6 Storey Hotel (148 rooms), 7 Storey Mixed Use Building
(65 dwelling units and 893 square metres of commercial floor
space) & 30 Storey Apartment Building (285 dwelling units)
Applicant: La Pue International Inc. (Pawel Fugiel)
Agent: Michael Allen
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ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Lori Lococo that the resolution be approved.
Carried Unanimously
9. CONSENT AGENDA
The consent agenda is a set of reports that could be approved in one motion of
council. The approval endorses all of the recommendations contained in each
of the reports within the set. The single motion will save time.
Prior to the motion being taken, a councillor may request that one or more of
the reports be moved out of the consent agenda to be considered separately.
F-2020-08
2019 Sleep Cheap Event and WonderFalls Pass
The report recommends for the information of Council.
F-2020-14
Monthly Tax Receivables Report— February
The report recommends that Council receive the Monthly Tax Receivables
report for information purposes.
MW-2020-06
Niagara Region Public Realm Infrastructure Grant Program
Oakes Park Canada Summer Games Public Plaza
The report recommends that Council endorse and authorize staff to submit a
grant application to the Niagara Region for the development of the Oakes Park
Canada Summer Games Public Plaza through the 2020 Public Realm
Infrastructure Program.
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MW-2020-07
Drinking Water System Summary Report and Overview
The report recommends that this report be received and filed.
PBD-2020-18
DB-2020-002, Deeming By-law Application
Lot 132, Plan 64
6358 Barker Street
Applicant: Phase 3 Real Estate Inc. c/o Bryan Keenan
The report recommends that Council pass the by-law appearing on tonight's
agenda to deem Lot 132, Plan 64 no longer to be within the registered plan of
subdivision, to enable it to be merged with a portion of land being served from
Lot 131, Plan 64.
PBD-2020-27
DB-2020-003, Deeming By-law Application
Lot 1, Plan 93
6710 Drummond Road
Applicant: Vito Golia & Teresa Golia-Slovak
The report recommends that Council pass the by-law appearing on tonight's
agenda to deem Lott, Plan 93 no longer to be within the registered plan of
subdivision, to enable it to be merged with a portion of Lot 2, Plan 93 and Part
of Township Lot 160.
PBD-2020-28
26CD-11-2017-003
Extension to Draft Approval
Plan of Vacant Land Condominium
7736 and 7746 Beaverdams Road
Applicant: Debbie Scappaticci
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Agent: Greg Hynde
The report recommends that Council grant a three year extension to draft plan
approval of the Vacant Land Condominium, ending July 11, 2023.
TS-2020-10
Garner Estates —Speed Control Review
The report recommends that the following report be received for the
information of Council.
TS-2020-13
Morrison Street at Optimist Square / Adam's Centre
Traffic Signal Update
The report recommends that the following report be received for the
information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that the reports are approved as recommended.
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Monitoring and Enforcing Provincial Orders / Municipal By-law
Enforcement
In an effort to assist with enforcing emergency orders, a ministerial
designation under the Provincial Offences Act was made to authorize
Municipal By-law Enforcement to enforce the Emergency Management
and Civil Protection Act. As a result, additional Parks Staff and Transit
Staff have been added as possible Enforcement staff. The applicable
by-law is listed on today's agenda for consideration.
RECOMMENDATION: That Council approve the applicable bylaw on
today's agenda.
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ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Chris Dabrowski that Council approve the applicable bylaw
on this agenda.
Carried Unanimously
10.2. Regional Niagara -Various Correspondence
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Victor Pietrangelo that Council receive and file the
correspondence for information.
Carried Unanimously
10.3. Township of North Dumfries - Resolution - Regional Government
Review Final Report
Resolution from the Town of North Dumfries regarding the Regional
Government Review Final Report.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Vince Kerrio that Council receive and file the correspondence
for information.
Carried Unanimously
10.4. City of St. Catharines - Notification regarding graffiti.
The City of St. Catharines sent us a notification from the St. Catharines'
Council regarding graffiti in the downtown core.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Lori Lococo that Council directs Staff to come back with a
report regarding the possible use of the City's website for residents to
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report incidents of graffiti.
Carried Unanimously
10.5. City of Welland Correspondence - Resolution - Out of the Cold
Program
The City of Welland sent to us a resolution regarding the Out of the Cold
Program.
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
10.6. Downtown Business Improvement Area 2020 Budget
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Lori Lococo that Council approve the Downtown B/A 2020
Budget.
Carried Unanimously
10.7. Regional Correspondence - Canadian Coalition of Inclusive
Municipalities
RECOMMENDATION: For Council to Refer to Staff.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Chris Dabrowski that Council refer this matter to Staff.
Carried Unanimously
10.8. Provincial Day of Action on Litter
A letter from Minister Jeff Yurek, Minister of the Environment,
Conservation and Parks.
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RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that Council receive and file the
correspondence for information.
Carried Unanimously
10.9. Blackburn Brew House
Mr. George Hantziagelis of Blackburn Brew House is seeking a
resolution from Council for the purpose of applying to the AGCO for a
"By the Glass" liquor licence.
RECOMMENDATION: That Council support the request of Blackburn
Brew House and endorse their application to obtain a "By the Glass"
liquor sales licence.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Mike Strange that Council support the request of Blackburn
Brew House and endorse their application to obtain a "By the Glass"
liquor sales licence.
Carried Unanimously
10.10. OPG Nuclear Waste Repository
Letter sent from a non-profit organization called "Stop the Great Lakes
Nuclear Dump" regarding the proposed OPG Nuclear Waste Repository
in Kincardine, Ontario.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Victor Pietrangelo that Council receive and file the
correspondence for information.
Carried Unanimously
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10.11. Proclamation Request
The proclamation request is to recognize the month of October as "Rett
Syndrome Awareness Month" in Niagara Falls.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Victor Pietrangelo that the City proclaim the month of October
as "Rett Syndrome Awareness Month"in Niagara Falls.
Carried Unanimously
10.12. Council's Code of Conduct— Social Media
Memo from the City Clerk and related correspondence
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Wayne Campbell that Council direct Staff to report back on
the Director Liability for Council regarding the use of social media.
Carried Unanimously
10.13. Municipal Heritage Committee
Memo for Council's consideration regarding replacing and adding
members to the Municipal Heritage Committee.
RECOMMENDATION: For Council's Consideration.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Mike Strange that Council appoint two new members to the
Municipal Heritage Committee as citizen representatives: Darren
Schmahl, a landscape architect and designated property owner and
Jon Jouppien, a well-known archaeologist and heritage
conservationist; furthermore, that Council appoint Councillor Lori Lococo
as the Council representative.
Carried Unanimously
10.14. Lundy's Lane BIA - Request to Approve Electronic BIA Board
Meetings
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Request from Lundy's Lane BIA to have electronic board meetings
during this period of mandatory social and physical distancing.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that Council supports the request from the
Lundy's Lane BIA to approve electronic BIA Board Meetings during this
period of mandatory social and physical distancing.
Carried Unanimously
10.15. Downtown BIA
The Downtown BIA is requesting approval to appoint three new board
members to the Downtown Board of Management Queen Street BIA.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Lori Lococo that Council supports the request from the
Downtown BIA to appoint three new board members to the Downtown
Board of Management Queen Street BIA.
Carried Unanimously
a) Ratification of In-Camera
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that Council agree to the purchase of a 6.5
acre parcel of land in the Montrose Business Park, for a price of
$227,500.00
Carried Unanimously
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 designate Lot 132, Plan 64, to be deemed not to be within a
27 - registered plan of subdivision (DB-2020-002).
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2020- A by-law to designate Lot 1, Plan 93, to be deemed not to be within a
28 - registered plan of subdivision (DB-2020-003).
2020- A by-law to amend By-law No. 89-2000, being a by-law to regulate
29 - parking and traffic on City Roads. (Speed Limits on Highways — (Part 4
— 80km/h), Speed Limits on Highways — (Part 2 —60km/h), (Parking
Prohibited).
2020- A by-law to amend the Historic Drummondville Community Improvement
30 - Plan Area adopted through By-law 2006-226.
2020- A by-law to permanently close part of Blackburn Parkway (Part 6 on
31 - 59R-16425).
2020- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
32 - employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2020- A by-law to adopt, ratify and confirm the actions of City Council at its
33 - meeting held on the 2nd day of April, 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
12. ADJOURNMENT
a) Adjournment
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that the meeting be adjourned at 3:17 PM.
Carried Unanimously
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•
. Ior
City Clerk
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