02/08/2022Niagara MINUTES
Jaj/DS Cit Council MeetingA
4:00 PM - Tuesday, February 8, 2022
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, February
8, 2022, at 4:00 PM, in the Council Chambers/Zoom App, with the following members present:
COUNCIL Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris
PRESENT: Dabrowski, Councillor Lori Lococo, Councillor Vince Kerrio, Councillor
Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson
COUNCIL
ABSENT:
STAFF
PRESENT:
Councillor Carolynn loannoni
Jason Burgess (Chambers), Bill Matson (Chambers)
Andrew Bryce, Carla Stout, Erik Nickel, Chief Jo Zambito, Jonathan
Leavens, Kathy Moldenhauer, Kira Dolch, Nidhi Punyarthi, Ed Lustig,
Serge Felicetti, Trent Dark (Zoom App)
1. IN CAMERA SESSION OF COUNCIL
1.1. Resolution to go In -Camera
Moved by Councillor Mike Strange
Seconded by Councillor Vince Kerrio
That Council enter into an In -Camera session.
Carried Unanimously
2. CALL TO ORDER
The meeting was called to order at 4:04 PM.
O Canada: Performed by: Kristin Paterson
Land Acknowledgement and Traditional Indigenous Meeting Opening - Brian Kon
3. ADOPTION OF MINUTES
3.1. Council Minutes of January 18, 2022 and January 25, 2022.
Moved by Councillor Lori Lococo
Seconded by Councillor Victor Pietrangelo
that Council approve the minutes of the January 18, 2022 and January 25,
2022 Council meetings as presented.
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Carried Unanimously
4. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Lori Lococo declared a conflict of interest to Item #7.1 - 2019 Draft
Financial Statements, for any reference pertaining to the Downtown Board of
Management (husband's former employer).
This declaration does not prohibit Councillor Lococo from discussing the
document as a whole.
b) Councillor Chris Dabrowski indicated a conflict of interest to Item #8.4 - R&C-
2022-01 under the Consent Agenda as Revel is his employer.
c) Councillor Victor Pietrangelo declared a conflict of interest to Item #9.2 -
Niagara Region Correspondence - re: Niagara Official Plan - settlement area
boundary review as his family owns land identified in this section of the plan.
d) Councillor Vince Kerrio declared a conflict of interest to Item #7.4 - MW -2022-
10 - Centre Street & Fallsview Boulevard - Temporary Sidewalk Cafe
Reinstallation, 2022 Season.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to the following:
• Ken Jiggens - father of Toni -Lynn Perrier, retired City employee.
• Donna Bujnowski - sister-in-law of Dale Morton, member of our Senior
Staff team.
b) Mayor Diodati provided the following updates:
Council Representatives
Councillor Dabrowski
Grand Opening – South Street Burger
Welcomed Nidhi Punvarthi to the City of Niagara Falls as our new City
Solicitor.
Cricket Championship- Niagara Cricket Academy
• It was a pleasure to present a congratulatory certificate to the Niagara
Cricket Academy
• They won the Hamilton and District Cricket League Super Elite title
• For 2020-2021
• It was an hounour to present them with congratulations on behalf of City
Council
• We wish them all the best in competition in 2022!
Grand Openings/ Business Happenings [photos shown]
• Portage Bakery – 50th Anniversary
• South Street Burger—Grand Opening
• Meltwich Food Co. – Grand Opening
Queen's Platinum Jubilee
• Sunday, February 6th marked the special day for the Queen
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• Would like to get direction from Council to honour her in some special
ways in Niagara Falls
• June 2nd has been named as the day for official celebrations
• Queen Elizabeth II
o 70 years on the throne / 95 years old
o First ever British Monarch to reach Platinum Jubilee
o She was 21 when she took the throne
o She is the longest reigning living monarch
• Perhaps we can ask staff in our Recreation & Culture Department to
work with Niagara Parks Commission on a special commemoration that
includes
o A flag raising of the official Platinum Jubilee flag at the falls
o Falls illumination – June 2nd
• Additionally—I would like to suggest that we a Jubilee Tree -Planting
program
o A long-lasting legacy of the Queen's Jubilee
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Lori Lococo
That Council ask staff in our Recreation & Culture Department to work with
Niagara Parks Commission on a special commemoration that includes:
o A flag raising of the official Platinum Jubilee flag at the falls
o Falls illumination – June 2nd
• Additionally, that we initiate a Jubilee Tree -Planting program.
Carried Unanimously
c) The next Council meeting is scheduled for Tuesday, March 1, 2022.
6. PLANNING MATTERS
6.1 PBD -2022-07
AM -2021-018 and 26CD-11-2021-003 Zoning By-law Amendment and a Draft
Plan of Vacant Land Condominium 5646-5678 Dorchester Road (formerly 5646,
5678 and 5708) Applicant: Centennial Homes (Niagara) Inc.
The public meeting commenced at 5:19 PM.
Andrew Bryce, Manager, Current Planning, gave an overview of the background
report PBD -2022-07.
5 members of public spoke to this application:
• Ryan Schertzing - of 5776 Dorchester Road, was not opposed to
development, however, was opposed to the density of the development that is
being proposed. Looking for a balance as opposed to over -developing; also
addressed concerns of the area losing character and charm.
• Ronald and Judy Giberson, of 6803 High Street, spoke in opposition of current
application.
• Rick Hamilton, of 6773 High Street, spoke to state he echoed same concerns
as already addressed by Ron Giberson.
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• Mercedes McLeod, of 5766 Dorchester Road, spoke in opposition of current
application.
• Ruth Andres, of 6815 High Street, addressed Council citing the same
concerns and comments already addressed.
Craig Rohe, from Upper Canada Consultants, representing the client, provided a
brief overview by providing a presentation to Council.
Public Meeting was closed at 7:04 PM.
Moved by Councillor Chris Dabrowski
Seconded by Councillor Wayne Thomson
1. That Council approve the Zoning By-law amendment application to rezone the
lands to a site specific Residential Low Density, Grouped Multiple Dwellings
(R4), to permit 67 townhouse dwelling units.
2. That the Plan of Vacant Land Condominium be draft approved subject to the
conditions in Appendix A;
3. That the notice of decision include a statement that public input has been
received, considered, and has informed the decision of Council;
4. That the Mayor or designate be authorized to sign the draft plan as "approved"
20 days after notice of Council's decision has been given as required by the
Planning Act, provided no appeals of the decision have been lodged;
5. That draft approval be given for three years, after which approval will lapse
unless an extension is requested by the developer and granted by Council;
and,
6. That the Mayor and City Clerk be authorized to execute the 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.
furthermore, that the recommendations contained in the report be approved; and that
the interested residents be a part of the site plan process; and that the landscape
plan involve the use of an arborist and include a more sustainable tree planting
process.
Ayes: Mayor Jim Diodati, Councillor Vince Kerrio, Councillor Victor
Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson,
and Councillor Chris Dabrowski
Nays: Councillor Wayne Campbell and Councillor Lori Lococo
CARRIED (Councillor Campbell and Councillor Lococo were opposed). 6-2 on a
recorded vote
7. REPORTS
7.1. F-2022-05
2019 Corporation of the City of Niagara Falls (Draft) Consolidated
Financial Statements
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Councillor Pietrangelo left the meeting.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
That Council approve the 2019 Corporation of the City of Niagara Falls Draft
Consolidated Financial Statements.
Carried Unanimously (Councillor Pietrango was absent from vote and
Councillor Lococo declared a conflict to any mention of the Downtown
Board of Management).
7.2. F-2022-09
Tax Supported Operating Fund 2020 Budget to Actual Variance Report
(unaudited)
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council receive Report F-2022-09 for information.
Carried Unanimously (Councillor Pietrangelo was absent from vote).
7.3. L-2022-01
Encroachment Agreement with the City - 5731 Victoria Avenue
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
1. In the event that Council determines it is in the best interest of the public
to do so, that Canna Cabana Inc. (the "Owner") be permitted to replace
the existing partial encroachment and be allowed the continued use and
maintenance of a new encroachment onto the City's laneway, being a
portion of Centre Street Laneway and appurtenant to the building
located at 5731 Victoria Avenue, as shown in Schedules "A" and "B" and
to enter into an Encroachment Agreement with the City, in a form
satisfactory to the City Solicitor.
2. That the Mayor and City Clerk be authorized to execute the required
Encroachment Agreement.
3. That the City Solicitor is authorized to register the Encroachment
Agreement on title to 5731 Victoria Avenue and the applicable parcel for
the affected portion of Centre Street Laneway in the Land Registry
Office.
Carried Unanimously (Councillor Pietrangelo was absent from vote).
7.4. MW -2022-10
Centre Street & Fallsview Boulevard — Temporary Sidewalk Cafe
Reinstallation, 2022 Season
Councillor Victor Pietrangelo returned to meeting.
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Moved by Councillor Wayne Campbell
Seconded by Councillor Mike Strange
That Council receive for information report MW -2022-10 and direct staff to
reinstall the temporary Sidewalk Cafes on Centre Street and Fallsview
Boulevard for the upcoming 2022 and 2023 sidewalk cafe season; following the
same principals, layouts and methods (concrete barriers) as previously
approved in 2021.
Furthermore, that Staff come back with a staff report that analyzes the
effectiveness of this temporary set-up, including the option of widening the
sidewalks and include a study of best practices and trends in other
communities.
Carried (Councillor Vince Kerrio declared a conflict and Councillor
Lococo was opposed).
7.5. PBD -2022-08
4263 Fourth Avenue Draft Plan of Standard Condominium
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
1. That the Plan of Condominium for lands known as Part of Stamford
Township Lot 76, Part 1 59R17040, and shown on Schedule 1 to this report
(4263 Fourth Avenue), be draft approved subject to the conditions in Appendix
A.
2. That the Mayor or designate be authorized to sign the draft plan as
"Approved" 20 days after notice of Council's decision has been given as
required by the Planning Act, provided no appeals of the decision have been
lodged.
3. That draft approval be given for three years, after which approval will lapse
unless an extension is requested by the developer and granted by Council.
4. That the Mayor and City Clerk be authorized to execute the Condominium
Agreement and any required documents to allow for the future registration of
the condominium when all matters are addressed to the satisfaction of the City
Solicitor.
Furthermore, that staff add a condition into the draft plan of standard
condominium to include an acknowledgement that the record of site condition
was completed and where to find this information at the Ministry.
7.6. PBD -2022-09
Carried (Councillor Lori Lococo was opposed to vote).
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PLC 2022-001 Request for Removal of Part Lot Control Blocks 112, 113 &
114 Plan 59M-484
Moved by Councillor Vince Kerrio
Seconded by Councillor Victor Pietrangelo
That Council approve the request and pass the by-law included in today's
agenda to exempt Blocks 112, 113 & 114 Registered Plan 59M-484 from Part
Lot Control for a period of two years.
Carried Unanimously
7.7. TS -2022-01
Additional Capital Funding for the Purchase of Three (3) 12m
Conventional Transit Buses
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That the request to amend the 2022 Capital Budget for additional funding in
the amount of $70,000 for the purchase of three (3) growth related 40'
conventional transit buses be approved, to be funded 61 % from transit -
dedicated Development Charges and 39% from Transit Capital Reserves.
Carried Unanimously
8. CONSENT AGENDA
8.1. F-2022-08
Monthly Tax Receivables Report - December 2021
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
That Council receive the Monthly Tax Receivables report for information
purposes.
Carried Unanimously
8.2. MW -2022-08
Splendour Subdivision - Regulatory Signs
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
That Council approve the regulatory signs outlined in Report MW -2022-08 for
the Splendour subdivision as follows:
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That a stop sign be installed facing traffic:
1. Northbound on Parkside Road at McLeod Road;
2. Eastbound on Majestic Trail at Parkside Road (North Intersection);
3. Westbound on Marvel Drive at Parkside Road;
4. Eastbound on Majestic Trail at Parkside Road (South Intersection);
5. Northbound on Butternut Boulevard at Splendour Drive;
6. Eastbound on Marvel Drive at Splendour Drive (South Intersection); and,
7. Westbound on Splendour Drive at Marvel Drive (North Intersection).
And that a 'no stopping' zone be established on both sides of Parkside Road,
between McLeod Road and Majestic Trail / Marvel Drive.
Carried Unanimously
8.3. MW -2022-09
Intersection Control Review - Multiple Locations
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
That Council approve the regulatory signs outlined in Report MW -2022-09 for
stop sign installation facing drivers at the following locations:
1. Southbound on Linwood Crescent at Sheldon Street;
2. Southbound on Fernwood Crescent at Sheldon Street;
3. Southbound on Pattern Crescent at Sheldon Street; and
4. Westbound on Leeming Street at Woodland Boulevard
Carried Unanimously
8.4. R&C-2022-01
RFP47-2021-Real Estate Brokerage Services - Coronation Centre
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
To approve the highest scoring proponent Revel Realty to represent the city of
Niagara Falls in the sale of the surplus property, Coronation Centre, 5925
Summer Street.
**Jason Burgess, CAO, informed Council of a possible delay with the sale by
30-60 days with the sale.**
Carried Unanimously (Councillor Dabrowski declared a conflict).
9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
9.1. Project Share - Meridian Coldest Night of the Year
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Correspondence from Project Share looking to engage the public to participate
in the Coldest Night of the Year, a safe, Covid-friendly, virtual walk to raise
awareness and funds to support vulnerable families and individuals in the
community.
Moved by Councillor Lori Lococo
Seconded by Councillor Victor Pietrangelo
That Council receive and file for information.
Carried Unanimously
9.2. Niagara Region Correspondence -
1) Every Other Week Garbage Collection Diversion Impact - Full Year Analysis
2) Uppers Quarry Regional Official Plan Amendment 22
3) Niagara Official Plan: Proposed Draft for Consultation
4) Community Homelessness Prevention Initiative
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council receive and file for information.
Carried Unanimously (Councillor Pietrangelo declared a conflict).
9.3. Resolution - City of St. Catharines - Community Homelessness Initiative
Plan (CHPI) Funding Shortfalls
At its meeting held on January 17, 2022, St. Catharines City Council approved
the attached motion regarding CHPI Funding Shortfalls.
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council receive and file for information.
Carried Unanimously
9.4. Resolution - Town of Fort Erie - Molecular Testing to Enter Canada
Attached is a resolution from the Town of Fort Erie passed at its meeting of
January 17, 2022 with respect to Molecular Testing requirements to enter
Canada.
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council receive and file for information.
9.5. Resolution - Township of Adjala-Tosorontio
Carried Unanimously
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Attached is a letter of support from the Township of Adjala-Tosorontio
regarding funding support for bridge and culvert replacements in rural
municipalities.
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council receive and file for information.
Carried Unanimously
9.6. Resolution - City of Brantford - Addressing the Revolving Door of Justice
- Accountability for Sureties and Swift Justice
Attached is a decision of Brantford's City Council from its meeting held January
25, 2022.
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council receive and file for information.
Carried Unanimously
9.7. Resolution - Town of Aurora - Dissolve the OLT (Ontario Land Tribunal)
Attached is resolution from the Town of Aurora regarding the matter of
dissolving the OLT (Ontario Land Tribunal).
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
That the matter be referred to staff for a report.
Carried Unanimously
9.8. Resolution - City of Port Colborne - Consolidated Passenger
Transportation System for the Niagara Region
Please find the attached letter of support regarding Consolidated Passenger
Transportation System for the Niagara Region from the City of Port Colborne.
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council receive and file for information.
Carried Unanimously
9.9. Resolution - City of St. Catharines - Acts of Violence, Harassment and
Intimidation against Elected Officials and Government Employees
Attached is a resolution from the City of St. Catharines regarding Acts of
Violence, Harassment and Intimidation against Elected Officials and
Government Employees.
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Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council receive and file for information.
Carried Unanimously
9.10. Membership Invitation to the Multi -Municipal Wind Turbine Working
Group
The Multi -Municipal Wind Turbine Working Group is looking for new Member
Municipality's.
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council receive and file for information.
Carried Unanimously
9.11. Letter from Niagara Falls Professional Firefighters Association (NFPFFA)
Letter addressed to Council addressing concerns regarding the 2022 Budget
information presented during January 25, 2022 Special Council Meeting.
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council receive and file for information.
Carried Unanimously
10. RATIFICATION OF IN -CAMERA
a) Ratification of In -Camera
Moved by Councillor Chris Dabrowski
Seconded by Councillor Mike Strange
That Council direct staff regarding the possible purchase of various properties.
Carried Unanimously
11. NOTICE OF MOTION
11.1. Motion - Planning Act - Change to Notification (Motion brought forward
by Councillor Lococo)
WHERE AS the current notification process under the Planning Act for Official
Plan amendments, Zoning By-law amendments, Plan of
Subdivisions/Condominiums under Section 22, Section 34, and Section 51
respectively is to circulate by personal service or ordinary mail, to every owner
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of land within 120 metres of the subject land; to post a sign on the property; or
to publish a notice in the newspaper.
AND WHERE AS the current/historical process in the City of Niagara Falls is to
circulate by personal service or ordinary mail, to every owner of land within 120
metres of the subject land; to post a sign on the property; to publish a notice in
the newspaper; and to post notices on the city's webpage.
AND WHERE AS that the majority of residents do not subscribe to newspapers
nor access the city's webpage and consequently do not see the notifications;
AND WHERE AS the City of Niagara Falls residents can be impacted by
changes to the Official Plan;
Now therefore it be resolved,
THAT In order to be transparent and fair to the residents of the City of Niagara
Falls, Council consider increasing the current notification distance for personal
service or ordinary mail under The Planning Act to capture those residents who
live close to, but further than 120m, to the properties going through changes to
the City's Official plan, Zoning By-law or proposals for Draft Plan
Subdivision/Condominium.
THAT the City of Niagara Falls Council, direct Planning staff to prepare a
recommendation report that examines the advantages and disadvantages of
an increased circulation buffer for all Official Plan amendments, Zoning By-law
amendments and Draft Plans of Subdivision/Condominiums including but not
limited to cost impacts and cost recovery options and the required process to
modify the buffer beyond the current Planning Act requirements.
Moved by Councillor Lori Lococo
Seconded by Councillor Vince Kerrio
That Council refer the matter to Staff to come back with a report.
Carried Unanimously
11.2. Motion - Adopt -A -Hydrant Progam (Motion brought forward by Councillor
Strange)
That Staff bring back a report regarding a potential Adopt -a -Hydrant Program
for the City of Niagara Falls.
Moved by Councillor Mike Strange
Seconded by Councillor Victor Pietrangelo
That Staff bring back a report regarding a potential Adopt -a -Hydrant Program
for the City of Niagara Falls.
Carried Unanimously
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12. BY-LAWS
2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
18. and traffic on City Roads. (Stop Signs at Intersections, Pedestrian
Crossovers, Parking Prohibited, Stopping Prohibited, Through Highways)
2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
19. and traffic on City Roads. (Stopping Prohibited, Stop Signs at Intersections)
2022- A by-law to designate Blocks 112, 113 & 114, Registered Plan 59M-484, not
20. to be subject to part -lot control (PLC -2022-001).
2022.21. A by-law to amend By-law No. 2002-081, being a by-law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2022- A by-law to adopt, ratify and confirm the actions of City Council at its meeting
22. held on the 8th day of February, 2022.
Moved by 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. NEW BUSINESS
a) Councillor Mike Strange congratulated all of the Canadian Olympic athletes as
they compete in the 2022 Winter Olympics in Bejing.
b) Councillor Vince Kerrio brought forward the topic of the City's State of
Emergency status - direction to staff to investigate what the determining factor
is to move out of the current state of emergency that exists for the City of
Niagara Falls.
c) Project Share
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
That staff be directed to not reduce funding to Project Share in 2022 and
further that no funding reductions to Project Share take place in 2023 and to
refer this request to the 2023 budget discussion.
14. ADJOURNMENT
a) Adjournment
Carried Unanimously
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Moved by Councillor Chris Dabrowski
Seconded by Councillor Wayne Campbell
That Council adjourn the meeting at 8:16 PM.
Carried Unanimously
City Clerk
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