01/15/2019
MINUTES
City Council Meeting
Tuesday, January 15, 2019 Council Chambers 5:00
PM
COUNCIL PRESENT: Councillor Wayne Campbell, Councillor Carolynn Ioannoni, Councillor Vince
Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor
Wayne Thomson, Councillor Chris Dabrowski, and Councillor Lori Lococo
COUNCIL ABSENT: Mayor Jim Diodati
COUNCIL LATE:
1 CALL TO ORDER
a) O Canada sung by Isabella Milano.
2 ADOPTION OF MINUTES
a) Council Minutes of December 11, 2018
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Campbell that the minutes of December 11, 2018 be
approved.
Carried Unanimously
3 DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof were made for
the current Council Meeting.
a) Councillor Strange indicated a conflict with agenda section 6.5 (L -2019-
01 - Permanently Close and Declare Surplus Road Allowance between
Warner Road and QEW); His brokers land abuts that property.
b) Councilor Lococo indicated a conflict with cheque numbers 421006,
421812, 422286, 422789, and 422875, made payable to Project Share,
she is a board member.
c) Councillor Pietrangelo indicated a conflict to cheque numbers 00192-
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January 15, 2019
0004, 0004-0002, and 00187-0006 made payable to Niagara Catholic
District School Board, his employer.
d) Councillor Ioannoni indicated a conflict with cheque numbers 422478
made out to herself, and 422726 made out to a member of her family.
4 MAYOR'S REPORTS, ANNOUNCEMENTS
a) Acting Mayor Pietrangelo welcomed John Hilts as the Sergeant -at-Arms
for the Council Meeting.
b) Acting Mayor Pietrangelo offered condolences on the passing of
Kenneth Heaslip, retired City employee from our Cemetery Department;
Jackie Henry an employee of Library Services; and Leona Marie
Thibodeau, grandmother of Councillor Pietrangelo.
c) Acting Mayor Pietrangelo recognized Councillor Strange for offering
greetings at the Canada Day and Santa Claus Parade Volunteer
Appreciation and at the 2019 Police Association of Ontario Winter
Conference.
d) Acting Mayor Pietrangelo recognized Councillor Thomson for attending
the Annual New Year's Levee at the Armoury.
e) Acting Mayor Pietrangelo advised of the upcoming Sports Wall of Fame
Induction Ceremony on Sunday, January 27th at the Gale Centre
Arena, 2PM.
f) Acting Mayor Pietrangelo wished everyone a Happy New Year.
g) The next meeting of Council is scheduled for Tuesday January 29,
2019.
5 DEPUTATIONS / PRESENTATIONS
a) Niagara Region Waste Management
Catherine Habermebl, Acting Commissioner, Public Works and Brad
Whitelaw, Program Manager, Policy Planning made a presentation to
Council with regards to Niagara Region Waste.
Acting Mayor Pietrangelo indicated that a report from staff will be
coming back to Council within two weeks and that the City will be able to
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make the February 1st, deadline to submit the recommendations.
b) Winter Maintenance Policy
Marianne Tikky, Manager of Municipal Roadways made a presentation
to Council.
-AND-
MW-2019-01 - Winter Maintenance Policy Plan Update
The report recommends the following:
a) That Council approve the updated Winter Maintenance Policy Plan
and,
b) That staff be directed to incorporate this plan into it standard
operating procedures and Operating Budgets.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Lori Lococo approving the recommendations to the updated
Winter Maintenance Policy Plan and that staff be directed to incorporate
this plan into its standard operating procedures and Operating Budgets.
Carried Unanimously
c) Review of the Provincial Cannabis Licensing Act
PBD-2019-03 - Addendum to Report PBD-2018-76, Review of
Provincial Cannabis Licencing Act, 2018 and Ontario regulations 468.18
The report recommends the following:
1. That City Council harmonize its anti-smoking by-law with
amendments to the Regional anti-smoking by-law and work with
Regional Health in public consultation regarding additional public
areas where tobacco, cannabis and related products can be
smoked or consumed.
2. That City Council send a resolution to the Province requesting
that municipalities in Ontario be given greater regulatory controls
over the location, distance separations and numbers of Retail
Cannabis Stores within a municipality
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Alex Herlovitch, Director of Planning, Building and Development gave an
overview on the background of the Provincial Cannabis Licensing Act.
• Nathan Warner from 6370 High Street, representing Niagara
Cannabis Company spoke in favor of Cannabis sales.
• Hugo Chessire of 80 King St, St. Catharines, spoke in favor of
Cannabis sales.
• Charlie Burland of 4943 Clifton Hill, spoke in opposition of
Cannabis sales.
• Marco Pingue of 6959 Crescent Road, spoke in opposition of
Cannabis sales.
• Brett Bell of 160 Bloor Street, Toronto, represented the Firing
Flower Company spoke in favor of Cannabis sales.
• Felix Pingue of 6440 Montrose Road, spoke in opposition of
Cannabis Sales.
• Shawn Tetter of Lundys Lane spoke in favor of Cannabis sales.
• Robert Davis, City of Niagara Falls Municipal Enforcement Officer
provided clarification in regards to the municipal smoking by-laws.
ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by
Councillor Wayne Campbell that Council opt in to the Provincial Retail
Cannabis Store program; that Council adopt the attached Municipal
Policy Statement on Cannabis for the purpose of reviewing and
commenting on licence applications; that City Council harmonize its anti-
smoking by-law with amendments to the Regional anti-smoking by-law
and work with Regional Health in public consultation regarding
additional public areas where tobacco, cannabis and related products
can be smoked or consumed; that City Council send a resolution to the
Province requesting that municipalities in Ontario be given greater
regulatory controls over the location, distance separations and numbers
of Retail Cannabis Stores within a municipality; that a copy of this
motion of Council be sent to all municipalities in Ontario.
ORDERED on the motion of Councillor Ioannoni that a recorded vote
take place.
CARRIED
with Councillor Kerrio opposed, Opposed Councillor Vince Kerrio
6 REPORTS
a) CD-2019-01 New Council Procedural By-law
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The report recommends the following:
1. That the City of Niagara Falls Standing Rules of the Council
(By-law No. 89-155 as amended by: By-law 91-02, By-law 91-25,
By-law 99-01, By-law 2000-152, By-law 2000-219 and By-law
2001-279), be repealed;
2. That the By-law regarding the new "City of Niagara Falls
Procedural Bylaw" appearing in tonight's agenda, be read and
passed; and
3. That the Mayor and Clerk be authorized to execute all documents
related to this matter.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Carried Unanimously
Councillor Ioannoni was absent from the vote.
b) F-2019-01 Monthly Tax Receivables Report – November
The report recommends that Council receive the Monthly Tax
Receivables report for information purposes.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Lori Lococo that report F-2019-01 be approved as
recommended.
Carried Unanimously
Councillor Ioannoni was absent from the vote.
c) F-2019-02 Municipal Accounts
The report recommends that Council approve the municipal account
totaling $39,495,753.50 for the period of October 25, 2018 to December
31, 2018.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Lori Lococo that the report be approved as recommended.
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Carried Unanimously
Councillor Ioannoni was absent from the vote.
d) F-2019-03 2019 Interim Tax Levy
The report recommends that Council approve the 2019 Interim Tax Levy
calculation and by-law providing for the 2019 Interim Tax Levy.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that the report be approved as
recommended.
Carried Unanimously
Councillor Ioannoni was absent from the vote.
e) L-2019-01 - Permanently Close and Declare Surplus Road
Allowance between Warner Road and QEW
The report recommends the following:
1. In the event that Council determines that it is in the public interest
to do so, that Part of the Road Allowance between Township of
Niagara of Niagara & Stamford lying between Part 2 on
59R10127 and Part 19 on 59R4249, (hereinafter referred to as
the "Subject Lands") as shown in red on the attached lo cation
map, be permanently closed and declared surplus to the City's
needs.
2. That any sale of the Subject Lands be conditional upon the lands
conveyed being merged in title with the abutting lands as well as
upon any purchaser acknowledging the existence of the pond
and accepting title subject to any potential claim relating to same.
3. That the Mayor and Clerk and City Solicitor, be authorized to take
whatever steps and sign whatever documents are required to
carry out Recommendations 1 and 2 above.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that the report be approved as
recommended.
Motion Carried
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with Councillor Ioannoni was absent from the vote.
Councillor Strange declaring a conflict.
7 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
a) Crime Stoppers of Niagara - Would like to request a flag raising in
honour of Crime Stoppers Awareness Month, January 2019 at Niagara
Falls City Hall.
Recommendation: For the Consideration of Council
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Mike Strange that a flag raising be held in honour of Crime
Stoppers Awareness Month, January 2019 at Niagara Falls City Hall.
Carried Unanimously
Councillor Ioannoni was absent from the vote.
b) Bell Let's Talk - 9th Annual Bell Let's Talk Day, a Flag Raising has
been requested for January 30th, 2019.
Recommendation: For the Consideration of Council
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Wayne Campbell that a Flag Raising be held for the 9th
Annual Bell Let's Talk Day on January 30th, 2019.
Carried Unanimously
Councillor Ioannoni was absent from the vote.
c) Kenneth Westhues- has submitted the attached correspondence
regarding the Forme Development & River Road High-Rise Proposal.
Recommendation: For the Information of Council
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski to receive and filing the communication.
Motion Carried
with Councillor Campbell and Councillor Ioannoni opposed.
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d) Niagara Health Foundation - Invitation to their Elimination Draw taking
place on Wednesday, January 30, 2019 at the Croation National Home,
6 Broadway, Welland, ON at 5:30 p.m.
Recommendation: For the Information of Council
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Mike Strange to receive and file the communication.
Carried Unanimously
e) Tourist Exemption for Retail Holiday Openings – The Regional
Clerks Office is looking for the City to offer its comments on the current
application for both Food Basics Stores to open in the future on New
Year’s Day as well as Good Friday.
RECOMMENDATION: That Council support the Request.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Carolynn Ioannoni that Council support the request made
from both Food Basics Grocery Stores at 3770 Montrose Road and
6770 McLeod Road, Niagara Falls, for the tourist exception for retail
holiday openings on future New Year's Days and Good Fridays.
Carried Unanimously
f) Police Services Board - Update on the Transition of the Administration
and Enforcement of the Adult Entertainment Industry.
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Vince Kerrio that Council refer the matter to staff and indicate
that there has to be dialogue and input from the stakeholders, with the
Region and the Police Services Board to come back with a satisfactory
resolution with this whole matter.
Carried Unanimously
g) Niagara Parks Commission – Appointment of a Member of Council to
the NPC Board.
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Recommendation: That Council vote on a representative to the Niagara
Parks Commission for the current term of Council.
ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by
Councillor Wayne Thomson that Council appoint Councillor Vince Kerrio
as a representative to NPC Board.
CARRIED
Councillor Campbell was opposed
h) Riverfront Community / Thundering Waters
Correspondence Regarding the Notice of Violation Issued by the NPCA
ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by
Councillor Wayne Campbell to defer the correspondence from the
Riverfront Community/Thundering Waters to a future meeting of Council
when the Mayor Is present and that a written staff report be provided.
Carried Unanimously
i) Additional Riverfront Community/ Thundering Waters
Correspondence
j) Town of Wainfleet – Decision to Opt Out of cannabis retail stores being
located within the municipality.
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange to receive and file the decision of the Town of
Wainfleet to Opt Out of cannabis retaIl stores being located within the
municipality.
Carried Unanimously
k) Rotary Club - The Rotary Club of Niagara Falls is having their 21st
Annual Trivia Night at Club Italia on February 20, 2019 and are asking
for Council’s support through the purchase of a table.
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Recommendation: For the Consideration of Council
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Wayne Campbell to defer to a future meeting of Council.
Carried Unanimously
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
2019-01 - A by-law to amend By-law No. 79-200, in accordance with an
Order issued by the Ontario Municipal Board dated November 28, 2018,
to permit the use of the Lands for a townhouse dwelling, group
dwellings, a community centre, and accessory buildings and structures
(AM-2015-011).
2019-02 A by-law to provide for the adoption of Amendment No. 133 to
the City of Niagara Falls Official Plan (AM-2018-005).
2019-03 A by-law to amend By-law No. 79-200, to regulate the
Forestview plan of subdivision on the Lands (AM-2018-005).
2019-04 A by-law governing the calling, place and proceedings of
Meetings
2019-05 A by-law to authorize the payment of $39,495,753.50 for
General Purposes.
2019-06 A by-law to provide an interim levy of realty taxes.
2019-07 A by-law to permanently close part of a highway.
2019-08 A by-law to declare Part of the Road Allowance between
Township of Niagara & Stamford lying between Part 2 on 59R10127 and
Part 19 on 59R4249, in the City of Niagara Falls, in the Regional
Municipality of Niagara, as surplus.
2019-09 A by-law to authorize the execution of an Extension and
Amendment of Lease with 2030688 Ontario Ltd., respecting an
extension and amendment to the Lease between the City and 2030688
Ontario Ltd.
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2019-10 A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Stopping Prohibited, Parking
Prohibited, Standing Prohibited, Designated Lanes)
2019-11 A by-law to adopt, ratify and confirm the actions of City Council
at its meeting held on the 15th day ofJanuary, 2019.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that the by-laws be read a first, second and third time
and passed.
Carried Unanimously
8 NEW BUSINESS
9 ADJOURNMENT
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that the Council meeting be adjourned.
Carried Unanimously
Mayor
City Clerk
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