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05-12-2020 MINUTES City Council Meeting Niagaraff., Tuesday, May 12, 2020 rails ' AN A (Electronic Meeting via Zoom) ,A 1:00 PM. COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Thomson, Councillor Wayne Campbell, Councillor Chris Dabrowski, Councillor Carolynn loannoni (via Zoom App), Councillor Lori Lococo, Councillor Mike Strange, Councillor Vince Kerrio, Councillor Victor Pietrangelo COUNCIL ABSENT: STAFF PRESENT: Mat Bilodeau, Tiffany Clark, Erik Nickel, Kathy Moldenhauer, Alex Herlovitch, Ed Lustig, Serge Felicetti, Trent Dark, Jim Boutilier, Heather Ruzylo (all participating via Zoom App) Ken Todd and Bill Matson (Present in Council Chambers) 1. IN CAMERA SESSION OF COUNCIL - 12:00 PM 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council enter into an In-Camera session. Carried Unanimously Page 1 of 18 City Council May 12, 2020 2. CALL TO ORDER 0 Canada - Performed by: Ella Sacco (Recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of April 21, 2020. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the minutes of April 21, 2020 be approved as recommended. Carried Unanimously 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 Victor Pietrangelo indicated a pecuniary interest to Report PBD-2020-19, Item #7.2 on the agenda as he has family members with a financial interest related to the property in question. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Wilma Morrison and recognized her for the following: • Niagara lost a hero. • Wilma was a tireless advocate of Niagara's Black History. • Notably fought to save the BME Church in Niagara Falls from demolition in the 1990's. • It is where former slaves congregated after fleeing the U.S. via Niagara's Underground Railroad. • Thanks to Wilma, it was named a heritage site in 2000. • This was only one of her many feats for the Black community. • Wilma was 91 years old. • She will be dearly missed by many. • She was a real ball of energy, a spitfire. Good things come in small packages. b) Mayor Diodati recognized many COVID-19 Good News Stories: • Crush the Curve Caravan Page 2 of 18 City Council May 12, 2020 • Community came together in a big way! • Showed video of the Crush Curve Caravan. • Snowbirds - flew over Niagara Falls on Sunday, Mother's Day. • Mayor's Back to Business COVID Recovery Team o Full steam ahead o Updates being consolidated into a report o A fluid, living document c) The next Council Meeting is scheduled for Tuesday, June 2, 2020 at 1:00 PM (note start time). 6. PRESENTATIONS 6.1. Canada Summer Games - 2021 To recognize the upcoming Canada Summer Games in 2021, a "Light of Hope" Video was shown. 7. PLANNING MATTERS 7.1. Public Meeting PBD-2020-17 26T-11-2019-003 & AM-2019-017 Draft Plan of Subdivision and Zoning By-law Amendment Application 6642 St. Thomas More (former St. Thomas More School) Applicant: Corbett Land Strategies (John Corbett) Owner: 1956662 Ontario Inc. (Y & Z Zahavy) The report recommends the following: 1. That the application to amend the Zoning By-law be approved as detailed in this report subject to the implementation of a holding (H) regulation until archaeological matters have been completed to the satisfaction of the Region: 2. That the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been Page 3 of 18 City Council May 12, 2020 given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. 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 5. 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-2020-17. Candice Hood (Corbett Land Strategies) and Sergio Zaga, representing the applicant, spoke in support of the staff report. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that the report be approved as recommended. Carried Unanimously 7.2. Public Meeting PBD-2020-19 26CD-11-2019-004 & AM-2019-019 Draft Plan of Vacant Land Condominium and Zoning By-law Amendment Application 6400 and 6420 Kalar Road Applicant: 2670279 Ontario Inc. (Lise Danecker) Agent: Peter Colosimo The report recommends the following: 1. That the application to amend the Zoning By-law be approved as detailed in this report; 2. That the Plan of Vacant Land Condominium be draft approved Page 4 of 18 City Council May 12, 2020 subject to the conditions in the attached Appendix A; 3. 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; 4. 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 5. 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 Condominium 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-2020-19. Peter Colosimo, acting as the agent, spoke in favour of the report. Rocky Vacca, spoke expressing his concerns with the draft plan of subdivision, condition #18, which discusses the requirement that all residential dwelling units within the development be equipped with automatic sprinkler systems. Matt Clark, of 8209 Westwood Street, spoke in opposition of the report. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the report be approved as recommended with the amendment to Condition #7 to remove the "provision of a sidewalk connecting to the adjacent street"and that Condition #18 be removed. Carried Unanimously (Councillor Victor Pietrangelo declared a conflict) 8. REPORTS 8.1. F-2020-20 Managing the Financial Impact of COVID-19 The report recommends the following: Page 5 of 18 City Council May 12, 2020 1. That the report entitled "Managing the Financial Impact of COVID-19" be received for information. 2. That the Federal and Provincial governments be requested to provide municipalities with an operating grant to help municipalities fund current operations and maintain appropriate service levels during the COVID-19 crisis, and further allow service levels to quickly be re-established during the period of recovery. 3. That the Federal and Provincial governments be requested to establish a new infrastructure building program by increasing the amount of gas tax funding made available to municipalities to stimulate the economy later this year. 4. That the Federal and Provincial governments be requested to accelerate approval of ICIP project applications submitted by the City of Niagara Falls to facilitate the economic recovery after the period of emergency is over. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously 8.2. FS-2020-03 Memorandum of Understanding for the Provisions of Technical Rescue Services The report recommends that Council authorize the Mayor and City Clerk to sign the attached Memorandum of Understanding (MOU) for the provision of Rope Rescue Services with the Town of Niagara-on-the- Lake (NOTL). ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously 8.3. MW-2020-09 Page 6 of 18 City Council May 12, 2020 Pin Oak Drive and Canadian Drive Tender Award - Contract No. 2020-473-18, Access Agreement, Land Transfer The report recommends the following: 1. That the contract be awarded to the lowest prequalified bidder Rankin Construction Inc. at the bid price of$3,483,575.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That Council authorize a 2021 pre-budget allocation of$435,000 to be used as additional funding for the completion of this 2020 Capital Project. 4. That the lands shown as Part 1 and Part 2 on Reference Plan 20- 16-035-00 (Attachment#3) be deeded to the City of Niagara Falls for nominal consideration, free and clear of any mortgages, liens or other encumbrances; and that all reasonable and related legal fess for processing and registration of the widening are paid for by the City of Niagara Falls, and; a. That Council accept the Transfer of land from 2683421 Ontario Ltd., to accommodate a road widening on the east side of Pin Oak Drive; and b. That Council directs that a by-law be passed to accept the Transfer of the land and declare the lands a public highway to form part of Pin Oak Drive. 5. That the Mayor and City Clerk be authorized to execute the Construction and Access Agreement with 2249419 Ontario Inc. and Costco Wholesale Canada Ltd. for the Transit Hub along Canadian Drive. 6. That upon completion of the Transit Bub construction in recommendation #5, the subject lands be deeded to the City of Niagara Falls for nominal consideration, free and clear of any mortgages, liens or other encumbrances; and that all reasonable and related legal fess for processing and registration of the widening are paid for by the City of Niagara Falls, and: a. That Council accept the Transfer of land from 2249419 Ontario Inc. and Costco Wholesale Canada Ltd. for the Transit Hub along Canadian Drive to be part of a road widening for Canadian Drive; and b. That Council directs that a bylaw be passed to accept the Transfer of lands and declare the lands as public highway to form part of Canadian Drive. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Page 7 of 18 City Council May 12, 2020 Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 8.4. PBD-2020-31 Proposed Radio Communication Tower 2800 Thorold Townline Road FONTUR International Inc. on contract to Enbridge Gas Distribution Inc. 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 27.4m(-90') tall, self support style radio communication tower with a fenced in compound on the lands known as 2800 Thorold Townline Road. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously 8.5. PBD-2020-32 AM-2010-009 & AM-2016-015 Zoning By-law Amendment Applications 7000 Montrose Road & Vacant Lands to the South Applicants: DCL Healthcare Properties Inc. & Sienna-RSH Facility Inc. Removal of Holding (H) Symbols The report recommends that Council pass the by-laws appearing on tonight's agenda to remove the holding (H) symbol and provisions from the subject parcels, which are currently zoned GC (H)-913) and GC (H)- 1034), respectively, to permit them to be developed for a four storey medical office building and a six storey retirement home, respectively. Page 8 of 18 City Council May 12, 2020 Victoria Lucas, representing the applicants, was available to address any concerns from Council, if necessary. No questions were asked of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously 8.6. R&C-2020-07 Summer Aquatics Update The report recommends the following: 1. That Council approve, pending the lifting of the Province of Ontario's Emergency Order and with approval from the Niagara Region Public Health, that the City opens three outdoor swimming pools: EE Mitchelson, FH Leslie, and Prince Charles for July 1, 2020. 2. That Council approve, due to health and safety concerns and timing, that the City not provide learn to swim lessons and other programming including swim team. 3. And that Council approves, if the order is not lifted by August 1, 2020, keeping the five outdoor pools closed. 4. And that Council approve, pending approval from the Province and Region, the opening all seven splash pad facilities for June 15, 2020. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council approves recommendation #2, #3 and#4 and to have staff report back on how to open up more or all City pools. Carried Unanimously 8.7. R&C-2020-08 Niagara Falls Farmers' Market Opening Plan The report recommends that Council approve the opening of the Niagara Falls Farmers' Market on June 6, 2020. Page 9 of 18 City Council May 12, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. 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-2020-18 2020 Property Tax Rates The report recommends that Council approve the 2020 Property Tax Rates. F-2020-19 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes The report recommends the following: 1. That July 31 and October 30 be approved as the 2020 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. 2. That August 31 and October 30 be approved as the 2020 Final Due Dates for the Commercial, Industrial and Multi-residential Assessment Classes. MW-2020-10 Weeping Tile Removal Assistance Program (WRAP) Update Page 10 of 18 City Council May 12, 2020 The report recommends the following: 1. That Council receive for information report MW-2019-04 regarding an update on the Weeping Tile Removal Assistance Program (WRAP); and further, 2. That Council approve program changes relating to: program advertising and awareness, application form improvements, information package improvements, and pre-qualification of contractors as outlined in this report. MW-2020-11 South Niagara Falls Infiltration and Inflow Study - Budget Update The report recommends that Council authorize a pre-budget allocation from the 2021 Capital Budget in the amount of$50,000 from Capital Special Purpose Reserves in order to accomplish the objectives of the South Niagara Falls Infiltration and Inflow Study, Phase 2, and in order to leverage 50% Regional cost-sharing dollars as outlined in Report MW-2020-11. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the reports are approved as recommended. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Niagara Nutrition Partners Jessica Stephenson, Program Manager of Niagara Nutrition Partners, provided a full update of the great work Niagara Nutrition Partners is doing in Niagara Falls and Niagara Region on the whole. She shares the launching of the grocery gift card program, where principals and teachers identify families in need during these uncertain and challenging times. It is in challenging times like these that organizations can retool their systems to support those in need. 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. Page 11 of 18 City Council May 12, 2020 Carried Unanimously 10.2. Recognition of Wilma Morrison (Letter from Lundy's Lane Historical Society added) The Niagara Military Museum, along with Pastor Dlx of the Nathaniel Dett Chapel, are proposing the Historic Drummondville district of Niagara Falls be delineated on appropriate street signs as the "Wilma Morrison Drummondville Historic District" in honour of the late Wilma Morrison. RECOMMENDATION: That Council refer the request to Staff for a report. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council refer the request to staff for a report and to have staff contact the Heritage Committee, the Historical Society, the Niagara Falls History Museum and the Niagara Falls Military Museum for comment. Carried Unanimously 10.3. City of Welland - Resolution - Covid-19 Financial Impact Attached resolution passed at the City of Welland's Council meeting of April 21, 2020. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously 10.4. Niagara Peninsula Conservation Authority (NPCA) Board Meeting Highlights As part of NPCA's commitment to improving how they communicate with municipal partners, attached is a document with highlights from NPCA's Annual General Board of Directors meeting held on April 16, 2020. RECOMMENDATION: For the Information of Council. Page 12 of 18 City Council May 12, 2020 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council receive and file the correspondence for information. Carried Unanimously 10.5. Niagara Falls Public Library - Updates on Activities during COVID- 19 Niagara Falls Public Library have included an update report on the Library's Activities during the COVID-19 closures. 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 10.6. Regional Niagara - Various Correspondence (last Regional Report added) RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously 10.7. Niagara Region Correspondence RECOMMENDATION: That Council formally endorse motions that support the collaboration between all of Niagara's communities and the Niagara Region, as outlined in Regional reports CSD-30-2020 and CSD- 31-2020. Page 13 of 18 City Council May 12, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council formally endorse motions that support the collaboration between all of Niagara's communities and the Niagara Region, as outlined in Regional reports CSD-30-2020 and CSD- 31-2020. Carried Unanimously 10.8. Canada / U.S. Border Crossings - Essential Traffic Only - COVID-19 Resolutions from the Town of Fort Erie and the City of Port Colborne regarding the Canada/US Border Crossings - Essential Traffic only - COVID-19. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Vince Kerrio that a resolution be sent to the Ministry of Provincial Tourism, Federal Tourism, MP's Office, MPP's Office, Premier Ford's Office and CBSA, regarding the opening of the Canada/US Border Crossings beyond essential traffic only, and that considering the fact that border communities could potentially be impacted more so than other outlying communities when the borders open, that The City of Niagara Falls be consulted and be given the opportunity to have some input on the discussions of when and to what degree of opening the border will entail so that factors such as the well being of the community both financially and health-wise, can be considered. Carried Unanimously 10.9. Town of Lincoln - Resolution Attached resolution passed at the Town of Lincoln's Special Council Meeting of May 4, 2020 regarding a Request for Emergency Funding for Municipalities from Government of Canada. RECOMMENDATION: For the Information of Council. Page 14 of 18 City Council May 12, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously 10.10. Niagara Falls Canada Hotel Association (NFCHA) Correspondence from Doug Birrell, Executive Director of NFCHA, regarding his response to the misleading comments on social media. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 10.11. Niagara Medical Academies — Hardships faced by Niagara Physicians 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 10.12. Town of Oakville - Rent Relief Advocacy Letter Attached is an advocacy letter that the Town of Oakville recently sent to the Federal and Provincial Finance Ministers along with our local MPs and MPPs. The letter advocates for changes to the Canada Emergency Commercial Rent Assistance program based on feedback from the business community and our local BIAs. RECOMMENDATION: For the Support of Council. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Victor Pietrangelo that Council support the correspondence from the Town of Oakville advocating for changes to the Emergency Page 15 of 18 City Council May 12, 2020 Commercial Rent Assistance program. Carried Unanimously 10.13. St. John Ambulance - Potential Merger The attached correspondence was received by David Trotter, Niagara Falls St. John Ambulance Branch Chair. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council receive the correspondence from Dave Trotter, Niagara Falls St. John Ambulance Branch Chair, and support the presence of St. John Ambulance in the City of Niagara Falls and reject the suggestion of the St. Catharines branch, or any other group, taking over the Niagara Falls operations and that the City move forward with renewing the existing Chair-a-Van agreement. Carried Unanimously 11. RESOLUTIONS There were no resolutions. 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 amend By-law No. 2016-108, a by-law to regulate the 41 - supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2020- A by-law to set and levy the rates of taxation for City purposes, for 42 - Regional purposes, and for Education purposes for the year 2020. 2020- A by-law to amend By-law No. 2010-133, which amended By-law No. 43 - 79-200, to remove the holding symbol (H) on the lands known as 7000 Montrose Road, to permit them to be developed (AM-2010-009). 2020- A by-law to amend By-law No. 2017-017, which amended By-law No. 44 - 79-200, to remove the holding symbol (H) on the lands located on the Page 16 of 18 City Council May 12, 2020 east side of Montrose Road, between McLeod Road and Kinsmen Court, to permit them to be developed (AM-2016-015). 2020- A by-law to amend By-law No. 79-200 to permit the construction of 16 45 - and 14 storey hotels on part of 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. 2004-73 (AM-2019- 023). 2020- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 46 - 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 47 - meeting held on the 12th day of May, 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 13. RATIFICATION OF IN-CAMERA None to report. 14. NEW BUSINESS a) Pathways Academy ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council direct Business Development staff to reach out to Michelle Walker of Pathways Academy with options to relocate to a new location once the use of St. Thomas More School is no longer available. Carried Unanimously b) Antica Fundraiser ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Page 17 of 18 City Council May 12, 2020 Councillor Victor Pietrangelo that staff send out a letter of congratulations and gratitude for the recent Project Share pizza drive fundraiser. Carried Unanimously 15. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the meeting be adjourned at 4:09 PM. Carried Unanimously ayor City Clerk Page 18 of 18