01/29/2019Nl�gara � MINUTES
City Council Meeting
�alls Tuesday, January 29, 2019 Council Chambers 5:00
CANADA pM
COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Carolynn loannoni,
Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange,
Councillor Wayne Thomson, Councillor Chris Dabrowski, and Councillor Lori
Lococo
COUNCIL ABSENT:
COUNCIL LATE:
1 IN CAMERA SESSION OF COUNCIL
438 -p.m. Canceled .... There is no reason to meet In -Camera
a) �•^^� See Report PBD -2019-04 listed below.
2 CALL TO ORDER - 5:00 p.m.
Playing of "O Canada"
3 ADOPTION OF MINUTES
a) Council Minutes of January 15, 2019
Mayor Diodati declared a conflict with cheques 422197 and 422866 from
the January 15th, 2019 meeting.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the minutes of January 15, 2019 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.
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City Council
January 29, 2019
a) No Disclosures
5 MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to Pauline De Koning, City
crossing guard; Kenneth Everson, father of Jason Everson in our
Municipal Works Department; and Vince Lavigne, husband of Eleonor
Meissner of the Finance Department.
b) Mayor Diodati offered a note of thanks to staff, volunteers and the
Sports Wall of Fame Committee for their efforts to organize this year's
special 30th Annual Induction Ceremony.
c) Mayor Diodati thanked
Councillor
Pietrangelo who had the
privilege of
swearing in this year's
esteemed
inductees on behalf of all
of us.
d) Mayor Diodati expressed his appreciation to the generous sponsors and
congratulate Sponsor Award Recipients and also those sponsors who
were recognized for their 30 years of contributions to the event.
e) Councillor Kerrio offered condolences to the family of John Grimo,
owner and operator of his family business Niagara Block Inc. which was
established in 1931.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that Council send a motion of condolence to the
Grimo family on their loss at Niagara Block Inc.
Carried Unanimously
APPOINTMENTS /PRESENTATIONS
a) Women's Place of South Niagara
Amanda Braet, Development Director with Women's Place, made a
presentation to Council with an update on the Annual Book Riot taking
place in June of 2019, and requested a waiver of fees for he use of the
Gale Centre.
• �� • . -
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City Council
January 29, 2019
Gale Centre for the June 2019 Book Riot.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski to waive the fees at the Gale Centre for the
June 2019 Book Riot.
Carried Unanimously
b) Appointments to Various Boards, Committees and Commissions
Council Members are provided with ballots for the selection of citizen
appointments to various Committees, etc., for the current term. Please
take a few minutes to make your selections. Upon completion, Clerks
staff will tally the votes and the results will be read aloud later in tonight's
agenda, after which Council may wish to approve their appointments.
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
Councillor Chris Dabrowski that Council approve the Council
Appointments to Various Boards, Committees and Commissions.
Carried Unanimously
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Carolynn loannoni that Council change the structure of the
Culture Committee to be 11 members for this term of Council.
Carried Unanimously
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Mike Strange that Council change the structure of the
Recreation Committee to be 13 members for this term of Council.
Carried Unanimously
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
Councillor Victor Pietrangelo that the appointments to the Accessibility
Advisory Committee be deferred until all interested applicants can
provide a completed application.
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City Council
January 29, 2019
Carried Unanimously
REPORTS
a) CAO -2019-02 Response to Comments/Questions - NPCA Auditor
Generals Report
The report recommends that the report CAO 2019-02 be received and
filed.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Mike Strange that the report CAO 2019-02 be received and
filed.
Carried Unanimously
8 PLANNING MATTERS - 6:00 p.m.
a) Public Meeting
AM -2018-004, Zoning By-law Amendment Application
5873 Brookfield Avenue
Proposal: 3 storey, 18 Unit Apartment Building
Applicant: 1962863 Ontario Inc. (Frank LaPenna)
Background Report: PBD -2019-01
The report recommends that Council approve the Zoning By-law
amendment application to rezone the lands a site specific Residential
Apartment 5B Density (R5B) zone to permit a 3 storey, 18 unit
apartment building, subject to the regulations outlined in this report.
Frank Lappenna, owner of the property was in favor of the staff report
and recommendations.
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.
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D
City Council
January 29, 2019
Carried Unanimously
b) Public Meeting
AM -2018-018, Zoning By-law Amendment Application
7373 Niagara Square Drive
Applicant: R.E.Y. Investments Inc.
Agent: David Yip
Proposal: Conversion of Existing Hotel into a Retirement Home
The report recommends the following:
1. That council approve the Zoning By-law amendment application
to rezone the lands to a site specific Tourist Commercial (TC)
zone to allow the conversion of the existing 5 storey hotel
(Peninsula Inn) into a retirement home with 85 private living units,
maintain the current regulations fora 13 storey hotel and
recognize the existing building height of 19.5 metres, and the
accessory buildings and structures (pergola and gazebo) located
on the subject lands; and
2. That the site specific by-law exclude a holding (H) regulation for
the proposed conversion of the existing hotel into a retirement
home, as the City has received confirmation from the Trustee of
the QEW/McLeod Road interchange improvements that a
contribution would only be required for any new buildings.
R.E.Y. Investments Inc. representative was in agreement with the staff
report.
The Public Meeting was closed.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the report be approved as
recommended.
ADDITIONAL REPORTS
a) MW -2019-02 - Glengate Park Petition PIC
Carried Unanimously
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City Council
January 29, 2019
The report recommends that the report to improve Glengate Park be
referred to the 2019 Capital Budget process.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that the report be approved as
recommended.
Carried Unanimouslv
b) MW -2019-04 -Weeping Tile Removal Assistance Program (WRAP)
Update
The report recommends that Council authorize the following list of
recommendations related to the City's WRAP program:
1. That the current funding limit amounts on individual applications
be increased from $3000 to $4000 for the installation of a sump
pump with backup system, and from $900 to $1200 for the
installation of a backwater valve, and that the amount for unique
nonstandard installations that are authorized from time to time b
the program administrator be increased from $5000 to $10,000.
2. That the annual budget amount for the Weeping Tile Removal
Assistance Program remains at the current $500,000.
3. That the application process be simplified and streamlined by
revising and updating the forms and terms of conditions, and by
producing an up to date information package for the program to
ensure consistency and clarity for homeowners, and that all be
made digitally available on the City's website.
4. That a Qualified Contractors List is generated based on approval
by the program administrator or designate, and that the list is
included in the WRAP program information package.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that fhe report be approved as
recommended.
Carried Unanimouslv
c) PBD -2019-04 Sale and Transfer of Property Known as 6880 Stanley
Avenue, Niagara Falls
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City Council
January 29, 2019
The report recommends that the City of Niagara Falls consent to the
three (3) transfers of title for properties known collectively as 6880
Stanley Avenue pertaining to the respective Section 37 Agreements.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that the City of Niagara Falls consent to the
three (3) transfers of title for properties known collectively as 6880
Stanley Avenue pertaining to the respective Section 37 Agreements.
Carried Unanimouslv
d) TS -2019-01 School Crossing Guard -Hourly Wage Adjustment &
Staffing Levels
The report recommends the following:
1. That the hourly wage for the School Crossing Guards be
increased to $17.34/hour and the associated requested be
approved in the 2019 Operating Budget effective February 1,
2019.
2. That Staff conduct a review of all crossing locations and report
back to Council in May 2019.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Lori Lococo that Council approve the recommendations with
the addition that staff come back with a report on a salary review,
including a review of the 'living wage' to be used by the municipality.
Carried Unanimouslv
e) R&C-2019-01 -Gale Centre Emergency Repair
The report recommends the following:
1. That staff be authorized to undertake the emergency repairs
required for the Gale Centre compressor.
2. That staff be authorized to have the existing compressor
inspected to determine if it can be repaired and kept on site for
redundancy.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
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City Council
January 29, 2019
Councillor Carolynn loannoni that the report be approved as
recommended.
Carried Unanimously
91. 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-2019-04 Tax Receivables Monthly Report -December
The report recommends that Council receive the Monthly Tax Receivables
report for information purposes.
L-2019-02 Declare Surplus of Lands, 4840 Willmott Street
The report recommends the following:
1. That in the event Council determines that it is in the public interest to do
so, 4840 Willmott Street being legally described as Lot 228 on Plan 316,
(hereinafter referred to as the "Subject Lands") as shown in red on the
attached location map, be declared surplus to the City's needs.
2. That the Mayor and Acting City Clerk and Solicitor acting for the City, be
authorized to take whatever steps and sign whatever documents are
required to carry out Recommendation 1.
L-2019-03 -Amendments to Anti -Smoking By-laws
The report recommends the following:
1. In the event that Council determines that it is in the public interest to do
so, that By-law No. 87-143 and By-law No. 2011-51, both as amended,
be further amended to include the consumption of tobacco and other
substances by vaping and electronic cigarettes.
2. That the Mayor and Acting City Clerk be authorized to sign by-laws
amending By-law No. 87-143 and By-law No. 2011-51, as set out in
Recommendation 1.
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City Council
January 29, 2019
3. That Council approve the related by-laws, later in the Agenda.
MW -2019-03 Recreational License Agreement Renewal with Hydro One
for E.E. Mitchelson Park Hydro Corridor Crossing
The report recommends that Council authorize the renewal of a (ease
agreement with Hydro One Networks Inc. on behalf of Ontario Infrastructure
and Lands Corporation for the use for recreational purposes of lands within
E.E.Mitchelson Park crossing the existing hydro one corridor.
CAO -2019-03 -NRBN Lease - 4343 Morrison Street
The report recommends the following:
1. That the City of Niagara Falls enter into a lease with Niagara Regional
Broadband Network (NRBN) at the property know municipality as 4343
Morrison Street, Niagara Falls, for the purposes of establishing their
corporate offices.
2. The Mayor and Clerk be authorized to sign any documents related to
such lease on behalf of the City.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that Council approve the Consent Agenda.
Carried Unanimously
10 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
a) Niagara Regional Housing
NRH Quarterly Report
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the 3rd Quarter Report from Niagara
Regional Housing be received.
Carried Unanimously
b) Knights of Columbus
Requesting a Flag Raising at City Hall to kick off the "Knights of
Columbus Week", April 23 to May 1, 2019
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City Council
January 29, 2019
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Chris Dabrowski that a Flag Raising take place at City Hall to
kick off the "Knights of Columbus Week" April 23 to May 1, 2019.
Carried Unanimously
c) Ministry of Municipal Affairs &Housing
Proposed Amendment to the Growth Plan for the Greater Golden
Horseshoe
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that the matter be referred to Staff to
provide regular reports back to Council with intensification ranges when
applicable and that municipalities are given the right to have a range of
intensification where they see fit.
Carried Unanimously
d) Proclamation Request
The National Eating Disorder Information Centre is requesting that
Council proclaim the week of February 1, 2019 to February 7, 2019 as
Eating Disorder Awareness Week.
RECOMMENDATION: That Council approve the request
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
Councillor Wayne Thomson that Council proclaim the week of February
1, 2019 to February 7, 2019 as Eating Disorder Awareness Week.
Carried Unanimously
e) Town of Orangeville &Town of Georgina -Bill 66, Restoring
Ontario's Competitiveness Act
The Town's of Orangeville and Georgina request that Council consider
the attached resolutions indicating their position to recommend that
Schedule 10 of Bill 66 be withdrawn by the Ontario Government.
RECOMMENDATION: That Council receive the correspondence for
information.
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City Council
January 29, 2019
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
Councillor Lori Lococo that Council pass the following resolution:
Whereas the protection of the integrity of the Green Belt is a paramount
concern for our residents;
And whereas the continued legislative protection of our water -
groundwater, surface water and waterways - is vitally important for the
current and future environmental health of our community,'
And whereas significant concerns have been raised by residents,
community leaders and environmental organizations such as the
Canadian Environmental Law Association (CELA), that provisions within
Bill 66 will weaken environmental protections as it "... will enable
municipalities to pass "open -for business" zoning by-laws that do not
have to comply with ..."important provincial statutes;
And whereas an "Open for Business" by-law maybe approved without
public consultation;
And whereas provisions within Bill 66 may allow exemptions from
municipal Official Plans;
And whereas the City of Niagara Falls' Official Plan represents not only
a significant investment of taxpayer resources but reflects our
community's collection vision for current and future planning;
And whereas our Official Plan clearly designates land that is
environmentally protected;
And whereas our Official Plan also provides clearly designated land to
meet future employment land needs;
Now therefore be it hereby resolved.•
1. That Niagara Falls Council opposes planned changes to the
Planning Act in the proposed Bill 66 that may allow for an "open
for business" planning by-law.
2. That the Government of Ontario be requested to reconsider the
proposed changes to the Planning Act included in Bill 66 which
speak to the creation of the open -for -business planning by-law.
3. That notwithstanding the future adoption of Bill 66, the City of
Niagara Falls will not exercise the powers granted to it in
Schedule 10 or any successor sections or schedules to pass
open -for -business planning by-laws.
4. That a copy of this resolution be sent to the Honourable Doug
Ford, Premier of Ontario, the Honourable Steve Clark, Minister of
Municipal Affairs and Housing, the Honourable Christine Elliot,
Deputy Premier of Ontario, the Honourable Sylvia Jones, Minister
of Community Safety and Correctional Services, MPP Dufferin-
Caledon and AndreaHorwath, MPP, Leader of the New
Democratic Party.
5. That a copy of this resolution be sent to the Association of
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City Council
January 29, 2019
Municipalities of Ontario (AMO) and all Ontario municipalities for
their consideration.
Motion Defeated with Councillors Thomson, Campbell, Dabrowski,
Pietrangelo Strange, Kerrio opposed.
ORDERED on the
motion of
Councillor Vince Kerrio,
Seconded by
Councillor Wayne
Campbell
that Council receive and
file the information.
Carried Unanimouslv
f) City of St. Catharines Ban on Plastic Straws
The City of St. Catharines has requested that their resolution listed
below regarding the ban of plastic straws and plastic stir sticks in City
facilities be circulated to Niagara area municipalities.
RECOMMENDATION: That Council receive the correspondence for
information.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Victor Pietrangelo that Council receive the correspondence
for information.
Carried Unanimouslv
g) Niagara Region Waste Management- Public Works -Proposed Base
Services for Next Collection Contract
The attached report and the excerpt of the Region's Public Works
Committee Meeting Minutes, with the amendments, are being provided
to the Local Area Municipalities for review and comment.
RECOMMENDATION: That Council refer the correspondence to staff
for a report.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Wayne Campbell that Council refer the correspondence to
staff for a report.
Carried Unanimouslv
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City Council
January 29, 2019
h) Regional Niagara's Amended Smoking By-law
Regional Council has asked that this matter be circulated to Local Area
Municipalities to consider a resolution consenting to an updated
Regional by-law to protect children and vulnerable persons from
exposure to outdoor second-hand smoke.
RECOMMENDATION: That Council refer the matter to staff for a report.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that Council receive for information.
Carried Unanimouslv
i) National Poetry Month
Jordan Fry, owner and publisher of Grey Borders Books, is requesting
that Council support National Poetry Month, April 2019, by opening
council meetings throughout April with a poem read by a local author.
RECOMMENDATION: For Council's consideration
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Carolynn loannoni that a poem be read at council meetings
throughout April 2019 by a local author.
Carried Unanimouslv
j) Trail Cameras in City Parks for Coyote Research
Lauren Van Patter, a student at Queen's University, is requesting the
City's permission to mount cameras in city parks for the purpose of
collecting data images of coyotes.
RECOMMENDATION: That Council refer the request to staff for a
report.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
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City Council
January 29, 2019
Councillor Carolynn loannoni for staff to work with Lauren VanPatter to
draft and agreement to allow the use of cameras for the explicit purpose
of wildlife and coyote research for the winter research period.
Carried Unanimously
k) Niagara Region -Interim Levy Dates &Amounts
Regional Council recently passed a report dealing with the
approval of Interim Levy Dates and Amounts. The report also
asked that the correspondence be circulated to the Councils of the
local area municipalities for information.
RECOMMENDATION: That Council receive the correspondence for
information.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that Council receive the correspondence for
information.
Carried Unanimouslv
Niagara Region -Vacancy Program
Regional Council recently passed a report dealing with the approval of
their Commercial/Industrial Vacant Unit Rebate and Vacant/Excess
Land Subclass property tax rate reductions programs. The report also
asked that the correspondence be circulated to the Councils of the area
municipalities for information.
RECOMMENDATION: -That Council receive the correspondence for
information.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Mike Strange that Council receive the correspondence for
information.
Carried Unanimouslv
11 RESOLUTIONS
a) Resolution to go "In Camera" prior to the February 12, 2019
meeting.
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City Council
January 29, 2019
WHEREAS all meetings of Council are to be open to the public; and
WHEREAS the only time a meeting or part of a meeting may be closed
to the public is if the subject matter falls under one of the exceptions
under s. 239 of the Municipal Act, 2001.
THEREFORE BE IT RESOLVED that on February 12, 2019 at 3:30
p.m., Niagara Falls City Council will go into a closed meeting to consider
matters that fall under s. 239(3.1), for the purpose of educating or
training the members on an update to the City's proposed Cultural Hub
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that Council go In Camera prior to the
February 12, 2019 meeting for and Education session.
Carried Unanimously
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
2019-12 - A by-law to declare Lot 228 on Plan 316, in the City of
Niagara Falls, in the Regional Municipality of Niagara and municipally
known as 4840 Willmott Street, as surplus.
2019-13 - A by-law to amend By-law No. 87-143, being a by-law
respecting smoking.
2019-14 - A by-law to amend By-law No. 2011-51, being a by-law to
prohibit the smoking of tobacco and other substances upon or within any
land of buildings owned by The Corporation of the City of Niagara Falls.
2019-15 -A
by-law to
adopt,
ratify
and
confirm the actions
of City
Council at
its meeting
held on
the
29th
day of January, 2019
ORDERED on fhe motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the by-laws be read a first, second and
third time and passed.
Carried Unanimously
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City Council
January 29, 2019
12 NEW BUSINESS
a) Participatory Budgeting
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Carolynn loannoni that staff investigate Participatory
Budgeting for the 2020 budget process and bring back a report to the
Capital Budgeting Meeting on February 26th or March 19th.
Carried Unanimouslv
b) Expropriation of Downtown Properties
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that before any report comes to Council on
expropriation of any downtown properties , that Council receive an
education report on the expropriation process.
Carried Unanimouslv
c) GO Train
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that a report come back from staff updating the
status of the Go Train service, as well as how we can promote the
service to expand ridership.
Carried Unanimouslv
13 ADJOURNMENT
a) Adjournment
ORDERED on the
motion of Councillor Chris
Dabrowski, Seconded
by
Councillor Wayne
Thomson that the meeting
be adjourned at 7:20 p.
m.
Carried Unanimouslv
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ayor
City Clerk
City Council
January 29, 2019
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