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