07-16-2019 Niagara
MINUTES
Falls City Council Meeting
Tuesday, July 16, 2019 Council Chambers 5:00 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 - 4:00 PM
a) In Camera Resolution
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Chris Dabrowski that Council enter into an In-Camera
session.
Carried Unanimously
2 CALL TO ORDER
A moment of reflection was taken.
3 ADOPTION OF MINUTES
a) Council Minutes of June 25, 2019
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that the minutes of June 25, 2019 be
approved as recommended.
Carried Unanimously
4 DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made
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City Council
July 16, 2019
for the current Council Meeting at this time.
a) Councillor Lococo indicated a pecuniary interest, cheque number
427273 (May 27, 2019 for $340.00) made payable to herself, cheque
number 427826 (June 12, 2019 for $1323.02) made payable to herself,
Cheque numbers 427162 (May 23, 2019 for $2334.34) and 428093
(June 19, 2019) made payable to Niagara Falls Art Gallery where she
sits on the board as a resident, cheque numbers 427198 (May 23, 2019
for $24,866.67) and 428392 (June 26, 2019 for $24,866.67) made
payable to Project Share where she sits on the board as a resident.
b) Councillor Campbell indicated a pecuniary interest with Cheque 42720
from May 27, 2019 in the amount of$340.00 and Cheque 427733 from
June 12, 2019 in the amount of$417.87.
c) Councillor Strange indicated a pecuniary interest with cheques 427274
and 427915 made out to himself.
d) Councillor Strange indicated pecuniary interest with item 9.9 under
Communications; 9th Annual Heaters Heroes Run for Children where he
is a member of The Fallsview Hose Brigade Club.
e) Councillor loannoni indicated a pecuniary interest with cheques 427272
and 427976 made out to herself.
f) Mayor Diodati indicated a pecuniary interest with cheques 427271,
427088 and 428012 made out to himself.
g) Councillor Dabrowski indicated a pecuniary interest with item 9.9 on the
agenda; 9th Annual Heaters Heroes Run for Children where he is a
member of the Fallsview Hose Brigade Club.
5 MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences on the passing of Winnie
Mockniak, aunt of Councillor Mike Strange.
b) Mayor Diodati recognized Councillor Strange for attending the following
events: the Grand Opening of the Queen Bean; Key to the City and
Certificate Presentation to "Ethel Wood" at our Canada Day celebration;
Greetings at the Kettlebells Niagara Tug of War.
c) The next Council meeting is scheduled for Tuesday August 13, 2019.
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City Council
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6 REPORTS / PRESENTATIONS
a) MW-2019-18
Former Parks, Recreation and Culture Building - Proposed End Use
Mark Richardson made a presentation to Council on proposed use of
the property.
The report recommends the following:
1. That Council direct staff to initiate the process under Section 31
of the Ontario Heritage Act to repeal By-Law#2010-90 thereby
removing the Heritage Designation from the subject property
(7565 Lundy's Lane); and
2. That the property be incorporated into the design and expansion
of the Lundy's Lane Cemetery; and,
3. That site development details including installation of a central
columbarium feature, memorial garden, gateway feature and
historical signage (i.e. plaques) and updated cost estimates be
presented to Council for consideration as part of the 2020 Capital
Budget deliberations.
Felix Pingue spoke in opposition of the recommendations.
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
Councillor Wayne Thomson that the report be approved as
recommended.
Motion Carried with Councillor Pietranqelo and Councillor Kerrio
opposed.
b) F-2019-31
Adding Provincial Offences Act (POA) Fines to the Tax Roll
The report recommends the following:
1. That Council approve the draft Inter-municipal Tax Collection
Agreement with the Region of Niagara of Niagara to add
defaulted Provincial Offences Act (POA) fines to the City's tax
roll;
2. That Council authorize the Director of Finance to execute the
Inter-municipal Tax Collection Agreement, with a form and
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July 16, 2019
content substantially in accordance with the draft agreement
attached and approved by the City Solicitor and the Director of
Finance; and
3. That Council approve a $35 fee to be imposed on the property
owners who have defaulted on their Provincial Offences Act fines
and it be added to the 2019 Schedule of Rates and Fees.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Carried Unanimously
61. 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-2019-30
Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$16,863,038.46 for the period May 16, 2019 to June 28, 2019.
MW-2019-19
Cast Iron Tactile Walking Surface Indicators (TWSI's)
The report recommends the following:
1. That Council direct Staff to perform a multi-year pilot of product
alternatives and stain removal methodologies; and
2. That Council direct Staff to consult with representatives of the Canadian
National Institute for the Blind (CNIB) and the Mayor's Accessibility
Advisory Committee; and
3. That Council direct Staff to report back on the results of the pilot and
consultation by the end of 2020.
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City Council
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PBD-2019-45
GTY-2019-003, Gateway Community Improvement Plan and Municipal
Employment Incentive Program Application
4749 Buttrey Street
Niagara Energy Products
The report recommends the following:
1. That Council approve the Niagara Gateway CIP Tax Increment Based
Grant program and Municipal Employment Incentive Program
Application for 4749 Buttrey Street subject to the Owner satisfying the
program requirements.
2. That Council approve the use of the Capital/Operating reserve to offset
the approximate planning and building permit fees of$14,900.
3. That the Niagara Region be advised of the decision of City Council.
4. That the Mayor and Clerk be authorized to sign and execute the Tri-
party grant agreement and Municipal Employment Incentive Program
Agreement.
5.
R&C-2019-15
Niagara Falls Review Agreement Extension
The report recommends that Council authorize the Mayor and City Clerk to act
on behalf of the City to execute the Niagara Falls Review Agreement Extension
to coordinate Advertising Services at City arenas, Gale Centre and Chippawa
Arena.
TS-2019-23
WEGO Advertising Contract Renewal - Adfuel Media Inc.
The report recommends the following:
1. That the current Agreement with Adfuel Media Inc. (formerly REV
Publishing Inc.) be renewed for two years and,
2. That the Mayor and City Clerk be authorized to execute the necessary
agreement.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
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City Council
July 16, 2019
Councillor Vince Kerrio That the reports are approved as recommended.
Carried Unanimously
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that Council move the balance of the consent agenda.
Carried Unanimously
TS-2019-22
Inter-municipal Transit Coordinating Committee Update:
Establishment of Common Fare Structure
The report recommends that Council approve a common Region wide fare
structure and strategy, effective January 1, 2021 as provided herein.
Andrzej Dmytrasz from 3924 Weinbrenner Road spoke in favor of free transit
for seniors.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Victor Pietrangelo that Senior Citizens (60 years and older) are
provided free transit all day, every day, for a three month trial period starting
September 1, 2019 on Niagara Falls Transit systems and that Council approve
a common Region wide fare structure and strategy, effective January 1, 2021.
Motion carried with Councillor Thomson, Councillor loannoni, Councillor
Lococo and Councillor Kerrio opposed.
7 PLANNING MATTERS
a) Public Meeting
PBD-2019-044
AM-2019-013, City Initiated Zoning By-law Amendment
Derelict Dwellings in the City's Tourist Core
The report recommends the following:
1. That Council approve the City initiated amendment to Zoning By-
law No. 79-200 to apply a site specific Tourist Commercial (TC)
zone to the lands for two years that permits the zoning of a
property to be changed to Deferred Tourist Commercial (DTC) if
any dwelling located on it is demolished and landscaped open
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space is established on the property; and
2. That Council pass the related amending by-law appearing in
tonight's agenda.
Alex Herlovitch, Director of Planning, Building and Development gave an
overview of the background report PBD-2019-044.
John Chevallier of 4123 Hickson Avenue, spoke in opposition.
The Public meeting was closed.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Victor Pietrangelo that the report be approved as
recommended.
Carried Unanimously
8 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
a) Support of Auditor General's Recommendations - Niagara
Peninsula Conversation Authority Composition
RECOMMENDATION: For the information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that Council receive an file the information
Carried Unanimously
b) City of St. Catharines' Resolution: Free Menstrual Products at City
Facilities
The attached resolution from the City of St. Catharines regarding free
menstrual products at City facilities was passed at St. Catharines'
Council on June 10, 2019. Forwarded to City of Niagara Falls for
consideration and support with a suggestion to forward resolution to
local school board.
RECOMMENDATION: For the information of Council.
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
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Councillor Victor Pietrangelo that staff bring back a report to adopt the
same policy as the municipality of St. Catharines for a trail period.
Carried Unanimously
c) Noise By-law Exemption and Special Occasion Event - Night of Art
Request from Clark Bernat, on behalf of the Niagara Falls History
Museum, seeking an exemption from Council to the City's Noise By-law
to allow entertainment until 11:00 pm on Thursday, September 19th.
2019 for the Night of Art event. Furthermore, to obtain a Special
Occasion Liquor License from the Alcohol & Gaming Commission of
Ontario (AGCO), to recognize the event as a public event of municipal
significance.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the request from Clark Bernart, on behalf of
the Niagara Falls History Museum be approved for an exemption to the
City's Noise By-law to allow entertainment until 11:00 pm on Thursday,
September 19, 2019 for the Niagara of Art event and to recognize the
event as a public event of municipal significance.
Carried Unanimously
d) Bridgewater Street Parking - Chippawa
Residents of Bridgewater Street circulated petition (found in Councillor's
folders) to allow the use of the boulevard.
RECOMMENDATION: Refer to Staff for a report.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Victor Pietrangelo that on-street parking on stoned parking
areas along Bridgewater Street be permitted.
Carried Unanimously
e) Regional Niagara - Regional Report PDS-21-2019 - 2018 Year End
Growth Report
RECOMMENDATION: For the Information of Council.
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City Council
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ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that Council receive and file the information.
Carried Unanimously
f) Special Occasions Permit - 2019 Zombie Mud Run
In support of Crohns and Colitis Foundation Canada, a request is being
made to have their annual Mud Run taking place on Saturday
September 7, 2019 at Campark Resorts, 9387 Lundy's Lane, be
declared by Council as an Event of Municipal Significance in order to
assist with their request for a liquor licence through the AGCO.
RECOMMENDATION: That Council approve the request.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that Council approve the 2019 Zombie Mud
Run on Saturday September 7, 2019 at Campark Resorts (9387 Lundy's
Lane) in support of Crohns and Colitis Foundation Canada and it be
declared as an Event of Municipal Signifance.
Carried Unanimously
g) Proclamation Request - Brother-Sister Community Day
The proclamation request is to recognize Brother Sister Community Day
on Thursday, August 15th, 2019.
RECOMMENDATION: That Council approve the request.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Lori Lococo that Council approve the request to recognize
Thursday August 15th, 2019 as Brother Sister Community Day.
Carried Unanimously
h) Flag Raising and Proclamation Request - National Polycystic
Kidney Disease
The Polycystic Kidney Disease Foundation is requesting approval for
the 2019 proclamation to recognize Wednesday, September 4, 2019 as
"National Polycystic Kidney Disease Awareness Day." Also requesting
the flag to be raised on this same day, September 4, 2019.
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ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that Council approve the request to
recognize Wednesday September 4, 2019 as "National Polycystic
Kidney Disease Awareness Day"and that a flag raising be held on the
same day, September 4, 2019.
Carried Unanimously
i) 9th Annual Heaters Heroes Run for Children — requesting that
Council grant an extension to the City's Noise By-law until 10:00 p.m. on
Saturday August 10, 2019 for their annual event taking place at Oakes
Park, and that Council declare the event as being municipally significant
so as to assist with the liquor licence through the AGCO.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Chris Dabrowski that Council approve the request for an
extension to the City's Noise By-law until 10:00 pm on Saturday August
10, 2019 for their event taking place at Oakes Park, and that Council
declare the event of municipal significance.
Carried Unanimously with Councillor Strange and Councillor Dabrowski
declaring a conflict.
9 RATIFICATION OF IN-CAMERA
a) In-Camera
A closed meeting was held earlier this evening to disucss CN Train
operations. Council is prepared to make the following motion; that the
requested budget of$300,000 for the next phase of the study as
identified in the 2019 Capital budget be approved and that the contract
with WSP Canada Group Limited be extended to include this additional
scope. That the Mayor and City Clerk be authorized to execute the
necessary contract documents.
The Closed session was also held to discuss labour relations. The Clerk
has been directed to add an additional by-law to the next Council
agenda.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Campbell that Council approve the recommendations.
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Carried Unanimously
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
2019-81 A by-law to authorize the payment of$16,863,038.46 for
General Purposes.
2019-82 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.
2019-83 A by-law to amend By-law No. 79-200, to rezone Lands DTC
conditional on the dwellings that are located on the Lands being
demolished and removed within two years of the passing of this by-law
(AM-2019-013).
2019-84 A by-law to authorize the execution of a Road Maintenance
Agreement with the Town of Fort Erie, respecting the road maintenance
activities for Lapp Road and Schaubel Road.
2019-85 A by-law to amend the Lundy's Lane Community Improvement
Plan for Niagara adopted through By-law No. 2018-32.
2019-86 A by-law to amend the Lundy's Lane Community Improvement
Plan Area adopted through By-law 2018-31.
2019-87 A by-law to provide for the levy and collection of sums required
by the Main and Ferry Business Improvement Area for the year 2019.
2019-88A by-law to authorize the execution of a Licence Agreement
with Ontario Power Generation Inc., respecting the granting of a licence
to the City for the construction, maintenance and operation of a Boat
House and Dock for use by the Fire Department on lands located on the
south side of the Chippawa Creek.
2019-89 A by-law to adopt, ratify and confirm the actions of City Council
at its meeting held on the 16th day of July, 2019.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the by-laws be read a first, second and
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third time and passed. City Council
July 16, 2019
Carried Unanimously
10 NEW BUSINESS
a) Speed on Thorold Stone Road
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that speed limit enforcement on Thorold
Stone Road between Brookdale Drive and Kalar Road be referred to
Regional Staff and the lack of maintenance of Shriners Creek be
referred to staff
Carried Unanimously
b) The Ministry of Municipal Affairs and Housing Governance review of
Ontario's Eight Regional Municipalities
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
Councillor Chris Dabrowski that staff provide Council with the Four City
Report, 'Calculated progress, A four city solution to Niagara's
Governance Problem'by Nick Tibollo and the One-City report, 'The
Region of Niagara; One Region, One Brand, One Agenda', so that
Council can make informed remarks on The Ministry of Municipal Affairs
and housing governance review of Ontario's eight municipalities.
Carried Unanimously
c) 9th Annual Heater Heros event
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Carolynn loannoni that the City promote the 9th annual
Heaters Heroes Run for Children taking place at Oakes Park on the City
of Niagara Falls website.
Carried Unanimously
d) Misner Road Traffic concerns
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Lori Lococo that the signage on Misner Road from Ridge
Road to Yokim Road state for Local Traffic Only.
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Carried Unanimously
e) Millenium Trail between Royal Manor and Lundy's Lane
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
Councillor Wayne Campbell that a staff report come back to Council
addressing the need for increased surveillance and security controls
along the Millennium Trail between Royal Manor Drive to Lundy's Lane
and to include options involving CPTED (Crime Prevention through
Environmental Design).
Carried Unanimously
11 ADJOURNMENT
a) Adjournment
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Lori Lococo that the meeting be adjourned at 6:59 p.m.
Carried Unanimously
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City Clerk
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