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02-11-2020 Niagara MINUTES City Council Meeting Fails Tuesday, February 11, 2020 Council Chambers Falls 5:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Vince Kerrio, Councillor Wayne Campbell, Councillor Wayne Thomson, Councillor Chris Dabrowksi, Councillor Lori Lococo COUNCIL ABSENT: Councillor Carolynn loannoni STAFF PRESENT: Alex Herlovitch, Donna Jaques, Erik Nickel, Chief Jim Boutilier, Karl Dren, Kathy Moldenhauer, Trent Dark, Serge Felicetti, Tiffany Clark, Dale Morton, Bill Matson, Ken Todd, Heather Ruzylo 1. IN CAMERA SESSION OF COUNCIL - 3:30 PM 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council enter into an In-Camera session. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 2. CALL TO ORDER 0 Canada - Performed by: Ella Sacco 3. ADOPTION OF MINUTES 3.1. Council Minutes of January 28, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the minutes of January 28, 2020 be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 4. DISCLOSURES OF PECUNIARY INTEREST Page 1 of 16 City Council February 11, 2020 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Lori Lococo indicated a pecuniary interest to the following cheques: cheque #343844, payable to herself, dated January 22, 2020 for $1768.68 (reimbursement of FCM registration and reimbursement of expenses); cheque #434368, payable to herself, dated January 9, 2020 for $115.34(reimbursement of expenses); cheque #433908, payable to Niagara Falls Art Gallery (sits on the board), dated December 18, 2019 for $6,333.33; cheque #434863, payable to Niagara Falls Art Gallery, (she sits on the board), dated January 22, 2020 for $2,333.33; cheque #434693, payable to Project Share (board that she sits on), dated January 15, 2020 for $40,866.67; cheque #434890, payable to Project Share (sits on board), dated January 22, 2020 for $24,866.67. Councillor Lococo also indicated a conflict with Report F-2020-09, General Purposes Budget - Attachment#1. Project Share is asking for an increase for their fee for service (Councillor Lococo sits on this board). b) Councillor Wayne Campbell indicated a pecuniary interest to cheque #: 434583, payable to himself. c) Mayor Diodati indicated a pecuniary interest to the following cheques: #433858, #434093 and #434804. d) Councillor Victor Pietrangelo indicated a pecuniary interest to the following cheques: #00253-0010, payable to Niagara Catholic District School Board (Councillor's employer) and cheque #00260-0010, payable to NCDSB and cheque #434884, payable to himself. e) Councillor Mike Strange indicated a pecuniary interest to cheque #434718, dated January 15, 2020 for internet reimbursement. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Benny Pietrangelo, Uncle of Councillor Victor Pietrangelo. b) Mayor Diodati recognized Councillor Wayne Campbell for attending the Heart Niagara "Roaring 20's Gala" fundraiser. c) Mayor Diodati recognized the following events: Page 2 of 16 City Council February 11, 2020 1) Bell Let's Talk Flag-Raising • Raising awareness for Mental Health. • Mayor Diodati acknowledged Councillors Mike Strange, Lori Lococo, Chris Dabrowski and Wayne Campbell for attending the flag-raising event. 2) City of Niagara Falls Job Fair • First ever City of Niagara Falls Job Fair held on February 1st at the MacBain Centre. • A number of current postings were highlighted, including: Clerical, Labourer, Bus Operators, Summer Students, Lifeguards and School Crossing Guards. • The event received media attention from our local news sources and CHCH News. • It was attended by more than 850 people, with applicants waiting in the hallway before we opened the doors. d) The next Council meeting is scheduled for Tuesday, March 3, 2020. 6. APPOINTMENTS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. Bickles Hardware - Recognition of Victor Decaria Through a recommendation of the Public Art Advisory Task Force (PAATF), Mayor Diodati recommended to Council that it commend Victor Decaria for the work done on Bickles Hardware with the investment artist to help create an impressive visual display that enhances the community and creates vibrancy in the Main & Ferry Area. RECOMMENDATION: For Council's Recommendation. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council officially acknowledge the work done on Bickles Hardware with the investment artist to help create an impressive visual display that enhances the community and creates vibrancy in the Main & Ferry Area. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 6.2. Recognition Presentation - Socks and Snacks Program Page 3 of 16 City Council February 11, 2020 Mayor Diodati recognized local residents, Deanna Shalala , her husband, JP Shalala, sister Stacey Hunt and Adam Gagliardi for starting this not-for-profit, outreach initiative for the homeless in Niagara Falls and the Niagara Region, by handing out warm clothing and snacks to those in need on a monthly basis. Mayor Diodati provided the following summary of this program: • The good work of this group of people was brought to our attention by Sheila Deluca. • This group of people had the idea to walk the streets of Niagara Falls in areas where there is identified need, and hand out warm clothing and snacks. • They go out to do this once a month. • The group has already been out 3 times this winter and have received very positive responses from those who graciously receive their generous donations. • They are growing in volunteers and their donations have also increased when word spread regarding what they have been doing in the community. • They do all of this "in memory of those who we have lost and who lived their lives for love." • Their outreach program is open to anyone who wants to join in. • Follow them @socksandsnacks on Instagram for updates on donation needs and when they will be going out in to the community next. • A big thank you to the founding members who took it upon themselves to give a hand-up to those in need in our community. 6.3. Niagara Falls Canada Hotel Association Doug Birrell presented a brief summary of the financial implications of unregulated Vacation Rental Units for Council's information. As part of Mr. Birrell's presentation, he requested that the following be added to the by-law: 1) The City should have a separate contract with each VRU provider; that they will only display units that are legally conforming, and have a valid city license 2) Vacation Rental Units be subject to inspection by regional health, fire and city building inspection 3) Legally conforming units, be properly licensed by the city, and only in tourist commercial zones; be required to charge and remit the $2.00 per Page 4 of 16 City Council February 11, 2020 night MAT tax to the city ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the three recommendations in the presentation be endorsed but not until such time that the City has a legal mechanism in place to license these properties. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 7. PLANNING MATTERS 7.1. Public Meeting (Presentation added) PBD-2020-11 AM-2019-020, Zoning By-law Amendment Application 5020 and 5036 Bridge Street Applicant: Mario Ciccarelli Agent: Al Heywood The report recommends the following: 1. That Council approve the Zoning By-law amendment application to rezone 5020 and 5036 Bridge Street to a site specific General Commercial (GC) zone to add a detached dwelling, semi- detached dwelling and duplex dwelling to the list of permitted uses and rezone a vacant parcel on Third Avenue to a Residential Two (R2) zone to permit a detached dwelling, semi- detached dwelling or duplex dwelling, all subject to the regulations outlined in this report; and 2. That Council pass the amending zoning by-law included in tonight's agenda. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2020-11. Helen Runciman, of 5031 Bridge Street, spoke in opposition of the staff report. Mario Ciccarelli, applicant, spoke in support of the staff report. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that the report be approved a recommended. Page 5 of 16 City Council February 11, 2020 Carried Unanimously (Councillor Wayne Campbell declared a conflict and Councillor Carolynn loannoni was absent from the vote). 8. REPORTS 8.1. FS-2020-01 Naloxone • Resident Angela Peebles, of Wilmott Street, spoke in opposition to the report. • Jennifer Johnston and Sandi Tantardini, co-founders of NAMES (Niagara Area Moms Ending Stigma) spoke in opposition of the report. • Glen Walker, Executive Director of Positive Living, spoke in opposition to the report. The report recommends that Council receive and file this report for information. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Thomson that Naloxone kits be installed on all fire trucks. Motion defeated (Councillors Dabrowski, Campbell, Kerrio, Strange and Pietrangelo opposed and Councillor Carolynn loannoni was absent from the vote). ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Thomson that Naloxone kits be installed in City facilities that are open on a regular basis to the public. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 8.2. F-2020-09 (Presentation added) 2020 General Purposes Budget Variance Analysis Tiffany Clark, Director of Finance, will be presenting the 2020 Operating Budget to Council. The report recommends for the consideration of Council. Page 6 of 16 City Council February 11, 2020 ORDERED on the motion of Mayor Jim Diodati, Seconded by Councillor Vince Kerrio that staff come back with options for Council to get the Operating Budget down to closer to the rate of inflation. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 8.3. PBD-2020-09 AM-32/2005, Zoning By-law Amendment Application Chippawa West Phase 2 — Stage 5 Plan of Subdivision Applicant: Queensway Chippawa Properties Inc. (Metrus Developments) Removal of Holding (H) Symbol The report recommends that Council pass the by-law appearing on tonight's agenda to remove the holding (H) symbol from the subject lands, which are currently zoned R3(H)-760, to permit the final stage of the Chippawa West subdivision to be developed. 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). 8.4. PBD-2020-10 PLC-2019-005, Request for Removal of Part Lot Control Lots 66, 69, 70, 71 and 72, Plan 59M-447 North Side of Tallgrass Avenue, West of Emerald Avenue Chippawa West Phase 2, Stage 4 Plan of Subdivision Applicant: L H (Niagara) Ltd. (Lancaster Homes) The report recommends that Council approve the request and pass the by-law included in tonight's agenda to designate Lots 66, 69, 70, 71 and 72, Registered Plan 59M-47, as exempt from Part Lot Control for a period of two years. Page 7 of 16 City Council February 11, 2020 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 8.5. PBD-2020-12 (Letters attached) Matters Arising from the Municipal Heritage Committee Property: 6990-7020 Stanley Avenue Proposal: Demolition of Avila Hall Owner: Mount Carmel Monastery John Broderick and Father Gerard was in attendance and spoke to Council in opposition of the Staff's recommendation. The report recommends the following: 1. That Council not approve the demolition application for Avila Hall; and 2. That Council issue a Notice of Intention to Designate under Part IV of the Ontario Heritage Act, the property located at 6990-7020 Stanley Avenue, known as the Mount Carmel Spiritual Centre, for its culture heritage value and interest to the City of Niagara Falls. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski to not designate Avila Hall as a heritage building and to approve the demolition permit. 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 the reports be moved out of the consent agenda to be considered separately. CD-2020-03 Fee Waiver Application Cancer Assist Program —Jeff Hughes Memorial Skate Page 8 of 16 City Council February 11, 2020 The report recommends that Council approve the Fee Waiver Application for: • "Jeff Hughes Memorial Skate" to be held on Saturday, March 21st, 2020 from 11:00 am to 4:00 PM, in the amount of$329.56 for the waiver of the costs associated with the rentals of the ice and room at the Chippawa Arena. F-2020-07 Municipal Accounts The report recommends that Council approve the municipal accounts totaling $32,810,882.71 for the period of December 5, 2019 to January 22, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio 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. Victoria Centre BIA - Proposed 2020 Budget RECOMMENDATION: That Council approve the Victoria Centre BIA 2020 budget. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that Council approve the Victoria Centre BIA 2020 budget. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.2. Integrity Commissioner Report - Code of Conduct Complaint The City Clerk (the person named at the direction of Council as the complainant in this matter on its behalf) submits the attached Integrity Commissioner Report. An Addendum to the Integrity Commissioner's Report, received on February 10, 2020, has been added. Page 9 of 16 City Council February 11, 2020 RECOMMENDATION: For the Action of Council. ***SEE IN-CAMERA RATIFICATION UNDER ITEM #12 FOR THE RESOLUTION.*** 10.3. 2019 Fire Department Annual Report RECOMMENDATION: That Council receive the report for information. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council receive the "2019 Fire Department Annual Report"for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 10.4. Regional Niagara - Various Correspondence RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.5. Special Occasion Permit Request - Niagara Golf Show(February 29 - March 1, 2020) Chris McCartney is requesting that the City declare the annual event, the "Niagara Golf Show" as "municipally significant" in order to assist with obtaining a Special Occasion permit from the AGCO. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that Council approve the request to have the annual event, "The Niagara Golf Show"(February 29 - March 1, 2020), be declared an Event of Municipal Significance. Page 10 of 16 City Council February 11, 2020 Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.6. 2019 Museums, Culture & Farmers' Market Annual Report RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Lori Lococo that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.7. City of Sarnia - Resolution - Ontario Power Generation's Deep Geologic Repository Project Resolution from the Council of the City of Sarnia to all Ontario Municipalities regarding the Ontario Power Generation's Deep Geologic Repository Project. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that Council supports the resolution from the City of Sarnia to all Municipalities regarding the Ontario Power Generation's Deep Geologic Repository Project. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.8. Proclamation and Flag-Raising Request Ontario Knights of Columbus is hosting this year's convention in Niagara Falls and is requesting Council to proclaim the week prior to the Convention - April 26 - May 1, 2020 as "Knights of Columbus Week" in Niagara Falls. If approved, they are also requesting the municipality to hold an official flag raising ceremony shortly before the convention. RECOMMENDATION: That Council Approve the request. ORDERED on the motion of Councillor Mike Strange, Seconded by Page 11 of 16 City Council February 11, 2020 Councillor Victor Pietrangelo that the City proclaim the week of April 26 - May 1, 2020 as "Knights of Columbus Week"in Niagara Falls and to hold an official flag-raising ceremony shortly before the convention. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.9. Proclamation Request - "Fresh Air Fund Day" The proclamation request is to recognize March 20, 2020 as "Fresh Air Fund Day" in Niagara Falls. This year, The Fresh Air Fund will celebrate its 144th summer of providing New York City children with free, fun and safe summer experiences. Since its founding in 1877, The Fresh Air Fund has provided life-changing summer experiences for children from New York City's underserved communities. RECOMMENDATION - That Council approve the request. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that the City proclaim March 20, 2020 as "Fresh Air Fund Day"in Niagara Falls. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.10. Flag-Raising Request - Children's Mental Health Awareness Week The Pathstone Foundation is requesting a flag-raising ceremony at the Niagara Falls City Hall at a time suitable during the annual "Children's Mental Health Awareness Week" during May 4th - May 8th, 2020. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Victor Pietrangelo that the City hold a flag-raising ceremony at the Niagara Falls City Hall at a time suitable during the annual "Children's Mental Health Awareness Week"during May 4 - May 8th, 2020. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). Page 12 of 16 City Council February 11, 2020 10.11. Proclamation Request - Childhood Cancer Awareness The proclamation request is to recognize Saturday, February 15, 2020 as the 24th International Childhood Cancer Day. Further requesting, September, 2020 as Childhood Cancer Awareness month and to send a recommendation to illuminate the Falls to the Illumination Board. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that Council approve the proclamation request to recognize Saturday, February 15, 2020 as the 24th International Childhood Cancer Day and to recognize September 2020 as Childhood Cancer Awareness month and to further send a recommendation to illuminate the Falls to the Illumination Board. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 10.12. Downtown BIA -Vacancies to the Downtown Board of Management Council may determine how they would like to see the vacancies filled as per the attached memo. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Lori Lococo that Council support the motion of the Downtown BIA to hold a board election at their upcoming Annual General Meeting to fill the two (2) vacant board seats Carried (Councillor Chris Dabrowski opposed and Councillor Carolynn loannoni was opposed to the vote). 11. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2020- A by-law to authorize the payment of$32,810,882.71 for General 13 - Purposes. 2020- A by-law to amend By-law No. 2006-205, which amended By-law No. 14 - 79-200, to remove the holding symbol (H) on the lands on the east side of Emerald Avenue, north of Willick Road, to allow development of the Chippawa West, Phase 2 Stage 5 Plan of Subdivision (AM-32/2005). Page 13 of 16 City Council February 11, 2020 2020- A by-law to amend By-law No. 79-200, to permit a semi-detached 15 - dwelling on a portion of lands, and to recognize an existing dwelling and add a detached dwelling, a semi-detached dwelling and a duplex dwelling as permitted uses on the balance of the Lands (AM-2019-020). 2020- A by-law to designate Lots 66, 69, 70, 71 and 72, Registered Plan 59M- 16 - 447, not be subject to part-lot control (PLC-2019-005). 2020- A by-law to authorize the execution of a Multi-Year Governance 17 - Agreement for Joint Transit Procurements facilitated by Metrolinx. 2020- A by-law to adopt, ratify and confirm the actions of City Council at its 18 - meeting held on the 11th day of February, 2020. ORDERED on the 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 (Councillor Carolynn loannoni was absent from the vote). 12. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Vince Kerrio that effective immediately, Councillor loannoni receive a suspension of remuneration paid to the member in respect of her services as a member of Council for 90 days and Councillor loannoni is removed from any board or committee she had been appointed to by Council for the remainder of the current term of Council. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 13. NEW BUSINESS a) Double-Direct Representation ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Page 14 of 16 City Council February 11, 2020 Councillor Lori Lococo that Staff come back with a report on steps involved to get the process of"double-direct representation"for the City and Regional Councillors in place before the next election. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). b) Fire Station #5 -Willoughby ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Staff reach out to the Station #5 Fire Chief to guage their needs relating to their parking lot and to include options of cost-sharing and financing. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). c) Video - "The Harder They Fall" ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that a link be placed on the City's website to provide awareness of the video, "The Harder They Fall,"(a 4 part video series). Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 14. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the meeting be adjourned at 8:35 PM. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). ayor Page 15 of 16 City Council February 11, 2020 L -11rA tAill City Clerk Page 16 of 16