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12/10/2019 Niagara MINUTES a��S City Council Meeting Tuesday, December 10, 2019 Council Chambers 5:00 cANAUA PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Vince Kerrio, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Wayne Campbell COUNCIL ABSENT: Councillor Carolynn loannoni STAFF PRESENT: Alex Herlovitch, Donna Jaques, Erik Nickel, Jim Boutilier, Mat Bilodeau, Kathy Moldenhauer, Trent Dark, Serge Felicetti, Tiffany Clark, Ken Todd, Bill Matson, Heather Ruzylo Page 1. IN CAMERA SESSION OF COUNCIL - 4:30 PM 1.1 In-Camera Resolution ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council enter into an In-Camera session. Carried Unanimously (Councillor Carolynn loannoni was absent from vote). 2. CALL TO ORDER 0 Canada - Performed by: Violet Van Dyke 3 ADOPTION OF MINUTES 3.1 Council Minutes of November 12, 2019 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the minutes of November 12, 2019 be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni was absent from vote). 4 DISCLOSURES OF PECUNIARY INTEREST Page 1 of 77 City Council December 10, 2019 None reported. 5. MAYOR's REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended well wishes to Lori Lococo as she will be celebrating her birthday on December 26th. b) Mayor Diodati extended condolences on the passing of Kenneth Thomas, father of Laura Potalivo in our Transportation Department; Serafino "Toby" Pasco, father-in-law of Sandro Elia of our Building Department; Mary Racine, mother of Lorraine Racine in our Recreation and Culture Department and John Collucci, retired from Niagara Falls Fire Services. c) Mayor Diodati provided an updated regarding the Niagara Regional Police. • Last week, along with Councillor Thomson, Ken Todd, our CAO and members of the BIA, a meeting was held with the NRP. • The NRP are offering to meet with area businesses who are looking to increase security. • The NRP shared the success they have had in neighbouring municipalities with simple measures like security cameras and locking the premises, especially vehicles as many thefts are contents from vehicles that are left unlocked. • Any businesses interested in this service should follow up and connect with the NRP. d) Mayor Diodati welcomed MYAC and extended a warm welcome to Waheebah Ahmed of the Mayor's Youth Advisory Committee. MYAC recently amended their terms of reference and now will be sending a representative to Council Meetings to report back to MYAC on issues pertinent to youth. e) Mayor Diodati announced the opening of the Mewburn Road Bridge acknowledging Councillor Thomson being in attendance. f) Mayor Diodati acknowledged Councillors Pietrangelo, Lococo, Dabrowski, Campbell and loannoni for attending the annual Santa Claus Parade. g) Mayor Diodati provided an update and review of this year's New Year's Eve in Queen Victoria Park mentioning the following: • Bryan Adams will be headlining this year's New Year's Eve show. • Special guests, Walk Off the Earth will also be performing. Page 2 of 77 City Council December 10, 2019 • Opening Act is Niagara Falls native, Valerie Borghesi. • 2 fireworks shows at 9:15 pm and midnight. • Niagara Falls' celebrations will be featured during CBC's live broadcast from 11:30 pm to midnight! h) Mayor Diodati made a dedication to Sturgeon County by speaking to the following: • We have been communicating with elected officials of Sturgeon County, Alberta and this year they are celebrating their first ever Winterlight Stroll. • They are not only kicking off the holiday season, but coming together as a community to exemplify what it means to be Canadian and communities from all over Canada are showing support. • I would like to take the opportunity this evening to send our best wishes to Sturgeon County as they celebrate Christmas and what it means to be Canadian. • We have lit an eternal flame candle out front of City Hall this evening, to honour their Winterlight Stroll. • In dedication of Sturgeon County's efforts to bring communities together all across Canada, I would like to dedicate this year's lighting of our Centennial Square Christmas Tree to the people of Sturgeon County. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange That Council officially extends friendship and warm sentiments of camaraderie and support to Sturgeon County and to dedicate this year's lighting of the Centennial Square Christmas Tree at City Hall in Niagara Falls to the people of Sturgeon County. We are all in this together. Carried Unanimously (Councillor Carolynn loannoni was absent from vote). i) Mayor Diodati recognized Councillor Dabrowski for attending the Niagara Falls Fire Department Long Service Medal Ceremony and the Flag-Raising - Living Positive Niagara and the Red Scarf Project. j) Mayor Diodati recognized Councillor Pietrangelo for attending the Toys for Tots by Opry Niagara. k) Mayor Diodati recognized Councillor Thomson for attending the opening reception of the Canadian Wrestling Trials - Niagara 2021 Canada Summer Games. Page 3 of 77 City Council December 10, 2019 I) The next Council meeting is scheduled for Tuesday, January 14th, 2020. 6. APPOINTMENTS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. FIDO NIAGARA Jessica Cohen, Executive Director of Fido Niagara Inc, a pet fostering non-profit organization informed Council and local residents of the services they are providing to the Community. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Thomson that Council receive the presentation made by Jessica Cohen, Executive Director of Fido Niagara Inc. Carried Unanimously (Councillor Carolynn loannoni was absent from vote). 6.2. Strategic Priorities Presentation Ken Todd, Chief Administrative Officer, discussed the Strategic Priorities for the current term of Council, 2019-2022. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council move to accept the presentation of the CAO and adopt the Strategic Priorities for the current term of Council. Carried (Councillor Lori Lococo opposed and Councillor Carolynn loannoni was absent from vote). ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council pursue the elevated people mover as mentioned in the pre-existing agreement with OLG that was to be built between the two existing Niagara casinos and for this request to be included in the Strategic Priorities (2019-2022). Carried Unanimously (Councillor Carolynn loannoni was absent from the Page 4 of 77 City Council December 10, 2019 vote). ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that Council agrees to have Councillor Victor Pietrangelo chair the meeting during the presentation of the 2020 Capital Budget. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 6.3. Capital Budget Presentation Tiffany Clark, Director of Finance, provided an overview of the Capital Budget for 2020. The presentation recommends the following: • That Council approve funding sources totalling $14,745,206 for the pre-approved projects that contained recommendations for funding to be determined during the 2020 capital budget process. • That Council approve the new budget expenditure requests of $63,189,155 with proposed funding totalling $63,189,155 ($52,409,155 — 2020, $10,740,000 — 2021, $40,000 — 2022). • That Council approve the ordering of two (2) 60 foot buses in 2020 with payment and delivery of the buses to occur in 2021 for a total of$2,200,000. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council approve the recommendations in the 2020 Capital Budget presentation. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 7. PLANNING MATTERS 7.1. Public Meeting PBD-2019-79 AM-2019-021, Zoning By-law Amendment Application Wayne Street West of Montrose Road Proposal: Semi-Detached Dwelling Applicant: 2125553 Ontario Inc. (Renato Foschini) The report recommends that Council approve the Zoning By-law Page 5 of 77 City Council December 10, 2019 amendment application to rezone the lands to Residential Two (R2), with a site specific lot frontage regulation. Alex Herlovitch, Director of Planning and Development, gave an overview of the background report PBD-2019-79. Harry Thistlewaite, of 7652 Wayne Street, spoke in opposition of the proposal citing safety and drainage concerns and stating that it is out of character for the neighbourhood. Franco Foschini, representing the applicant, spoke in favour of the development. The Public Meeting was closed. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council deny the application as Council believes it is out of character with the neighbourhood. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 8. REPORTS 8.1. F-2019-45 History of OLG Spending and Commitments under the New Agreement The report recommends that Council receive the report for information. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 8.2. MW-2019-29 St. John's Marsh Drain Third Reading of the By-Law The report recommends the following: Page 6of77 City Council December 10, 2019 1. That City Council adopt the amended Engineer's Report dated October 30th, 2019 on St. John's Marsh Municipal Drain prepared under the authority of Section 78 of the Drainage Act, R.S.O. 1990, c. D.17. and further, 2. That Council gives a third reading to By-Law 2017-130. Councillor Victor Pietrangelo informed Council that Nick Golia, Project Manager and the City's Drainage Superintendent from our Municipal Works Department, was in attendance to answer and questions from Council or residents. No one from the gallery took the opportunity to speak on the matter. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that the report be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 8.3. TS-2019-39 Transit Capital Projects — Investing in Canada Infrastructure Program (ICIP) — Public Transit Stream The report recommends the following: 1. Approve the Investing in Canada Infrastructure Program (ICIP) commitment for the years 2020 and 2021 for the Transit Capital projects set out in this report, for the City's portion totaling $4,768,372. 2. The Mayor and Clerk be authorized to execute the required agreements. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council approve the recommendations in the report. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 9. 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 Page 7 of 77 City Council December 10, 2019 the reports be moved out of the consent agenda to be considered separately. CD-2019-14 Fee Waiver Application Community Support Services of Niagara & Project Share (Winter Stuff the Bus) The report recommends that Council approve the Fee Waiver Applications for: • Community Support Services of Niagara for the "Collaborative Client Christmas Luncheon" on Monday, December 16, 2019 in the amount of $587.60 for the waiver of the cost of the transit bus (plus 1 driver). • Project Share (Winter Stuff the Bus Program) for the collection of coat event held on November 26, 2019 in the amount of$734.50 for the waiver of the cost of one (1) bus for 5 hours. F-2019-39 Monthly Tax Receivables Report - October The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2019-43 Approval of Interim 2020 Spending Limits The report recommends that, in the absence of an adopted 2020 General Purposes Budget and Municipal Utility budget, City Council approves that City departments be allowed to incur costs to a level of 50% of the departments' expenditure budget of the prior year. PBD-2019-77 Proposed Telecommunication Facility 4336 Willick Road Applicant: Rogers Communications Inc. The report recommends that Innovation, Science and Economic Development Canada be advised that the City of Niagara Falls does not object to the construction of a 45m (148') tall monopole style telecommunication tower proposal with an equipment compound on the lands known as 4336 Willick Road. Page 8of77 City Council December 10, 2019 TS-2019-35 Regulatory Sign Installations in New Subdivisions The report recommends that the regulatory sings outline in this report be approved for the fifth phase (second stage) of the Warren Woods Subdivision and the Terravita Subdivision. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the reports are approved as recommended. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Downtown BIA - Access to CIP Fund Request BIA Chair, Ron Charbonneau, is requesting access to CIP funding for improvements made to Downtown Niagara Falls this year. Including invoices for repairs to the sound system (Design Electronics) on Queen Street for the purchase of LED light sets which will benefit the community. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Chris Dabrowski that Council approve the request to access CIP funding for improvements made to Downtown Niagara Falls in the amount of$30,000.00. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.2. Niagara Falls Community Cats Pam Brown, President of Niagara Falls Community Cats, is requesting funding to help with the cost of spaying and neutering of homeless/community cats in Niagara. RECOMMENDATION: That the correspondence be referred to the Humane Society/SPCA as the City's contracted provider of Animal Control so as not to duplicate services. Page 9 of 77 City Council December 10, 2019 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the correspondence be referred to the Humane Society/SPCA as the City's contracted provider of Animal Control so as not to duplicate services and to refer this funding request to the 2020 operating budget. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.3. YMCA - Request for Bus Tickets The YMCA at the MacBain Centre has requested that they be provided with a limited number of bus tickets which could be issued to homeless individuals on an emergency basis. RECOMMENDATION: That the YMCA's request for bus passes be disbursed at their discretion be denied. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that the YMCA's request for bus passes be disbursed at their discretion be denied. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.4. Council's Delegation of Authority - Muzzling of Dogs 16 A memo from the City Clerk regarding an Appeal Committee to be established to deal with the muzzling of dogs. RECOMMENDATION: That Council pass the delegation of authority by- law on tonight's agenda, thus allowing the members of the City's Property Standards Committee to hold the required hearing with respect to the muzzling of dogs. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council approve the recommendation to pass the delegation of authority by-law, thus allowing the members of the City's Property Standards Committee to hold the required hearing with respect to the muzzling of dogs. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). Clerk's Memo - Delegation of Authority - Muzzling of Dogs Page 10 of 77 City Council December 10, 2019 10.5. Minister Clark Letter to Heads of Council 17 - 18 Letter from Minister Steve Clark, Minister of Municipal Affairs and Housing to Heads of Council, reviewing some of the province's initiatives. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). Minister Clark Letter to Heads of Council - 11-01-2019 English 10.6. Township of Ramara - Conservation Authority Exit Clause 19 - 20 Council resolution from the Township of Ramara to the Minister of Environment, Conservation and Parks. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). Township of Ramara - Conservation Authority Exit Clause 2019-11-07 10.7. Township of Wainfleet - Insurance and Liability Costs 21 - 22 Council resolution form the Township of Wainfleet to the Honourable Doug Downey, Attorney General of Ontario, regarding insurance and liability costs. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Page 11 of 77 City Council December 10, 2019 Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). Township of Wainfleet -C35 Insurance and Liability Costs 10.8. Regional Niagara -Various Correspondence 23 - 57 RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). CLK-C 2019-254 - Resolution - On-Demand Transit - Pilot Authorization PW 60-2019 - Report - On-Demand Transit - Pilot Authorization CLK-C 2019-256 - Resolution - Natural Environment Work Program PDS 32-2019 - Report- Natural Environment Work Program CLK-C 2019-255 - Resolution- Analysis of Niagara Region's role in Tourism ED12-2019 - Report- Analysis of Niagara Region's Role in Tourism 10.9. Niagara Regional Housing 58 - 76 Niagara Regional Housing (NRH) Quarterly Report - 3rd Quarter 2019 Report to Board and Council. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). NRH 18-2019 3rd Q Rpt to Bd-Council COMBINED 10.10. Flag-Raising - Crime Stoppers of Niagara Crime Stoppers of Niagara are requesting a flag-raising ceremony at the Niagara Falls City Hall in the month of January 2020, on a date that suits the City's schedule. Page 12 of 77 City Council December 10, 2019 RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that the City of Niagara Falls hold a flag-raising ceremony at City Hall in the month of January 2020, on a date that suits the City's schedule. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 11. RESOLUTIONS 11.1. No.10 - Resolution AM-2018-008 77 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the resolution be approved. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). No. 10- Resolution AM-2018-008 12. By-Law - Under the Drainage Act The by-law listed below was a provisional by-law and had 2 readings on November 28, 2017. The by-law now requires a third reading to be passed. 12.1. 2017-130 A By-law to provide for drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara, known as the St. John's Marsh Municipal Drain. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the by-law to provide for drainage works in the City of Niagara Falls,in the Regional Municipality of Niagara, known as the St. John's Marsh Municipal Drain, be given a third reading and passed. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 13. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. Page 13 of 77 City Council December 10, 2019 2019- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 129 - employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2019- A by-law to amend By-law No. 79-200, to recognize a neighbourhood 130 - commercial plaza on a portion of the Lands, to allow surplus and employee parking on another portion of the Lands, and to repeal By-law No. 92-134 and By-law No. 2007-120 (AM-2015-003). 2019- A by-law to amend By-law No. 79-200, to permit the use of the Lands for 131 - 16 townhouse dwelling units (AM-2019-011). 2019- A by-law to amend By-law No. 89-2000, being a by-law to regulate 132 - parking and traffic on City Roads. (Parking Prohibited) 2019- A by-law to amend By-law No. 79-200 to permit the construction of a 12 133 - storey hotel on the Lands (AM-2019-014). 2019- A by-law to endorse the City Clerk or his designate(s), to solemnize civil 134 - marriages and to establish the fee for service. 2019- A by-law to authorize the delegation of authority with respect to section 135 - 105 of the Municipal Act dealing the Muzzling of Dogs. 2019- A By -law to appoint Deputy Lottery Licensing Officers, repealing By - 136 - law No. 2017 - 139. 2019- A by-law to amend By-law No. 89-2000, being a by-law to regulate 137 - parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Stop Signs at Intersections, Pedestrian Crossovers) 2019- A by-law to adopt, ratify and confirm the actions of City Council at its 138 - meeting held on the 10th day of December, 2019. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the by-laws be read a first, second and Page 14 of 77 City Council December 10, 2019 third time and passed. Carried (Councillor Pietrangelo opposed By-law 2019-131 and Councillor Carolynn loannoni was absent from the vote). 14. NEW BUSINESS a) Support Dalton's Toy Drive Wish In honour of Dalton Jacques and his wish to make sure the children and family at Ronald McDonald House Hamilton have a Merry Christmas, the community is asked to drop off unwrapped gifts (infant-18 years) or gift cards on December 16th at Boston Pizza, 4725 Dorchester Road, Niagara Falls, 4-6 pm. Councillor Mike Strange will be hand delivering the gifts to the children and families at the Ronald McDonald House in Hamilton on December 23rd, 2019. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that City staff post the information regarding supporting Dalton's Toy Drive on our City website. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 15. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the meeting be adjourned at 7:19 pm. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). ayor orgy City Clerk Page 15 of 77