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03/22/2022Niagara, MINUTES allsCityCouncil cil Meeting CANADA 4:00 PM - Tuesday, March 22, 2022 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, March 22, 2022, at 4:00 PM, in the Council Chambers/Zoom App., with the following members present: PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (Chambers). Councillor Carolynn loannoni (via Zoom). STAFF Jason Burgess, Bill Matson, Margaret Corbett, Shawn Oatley, Kira Dolch PRESENT: (Chambers) Alexa Cooper, Julie Hannah, Andrew Bryce, Brian Dick, , Carla Stout, Dale Morton, Chief Jo Zambito, Jonathan Leavens, Kathy Moldenhauer, Nidhi Punyarthi, Serge Felicetti, Trent Dark (Zoom App) 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In -Camera Moved by Councillor Chris Dabrowski Seconded by Councillor Wayne Thomson That Council enter into an In -Camera session. Carried Unanimously 2. CALL TO ORDER The Open Council Meeting was called to order at 6.02 PM. 0 Canada: Performed by: Victoria (Student at Niagara Institute of Music & Arts) Land Acknowledgement and Traditional Indigenous Meeting Opening: 2.1. CLK-2022-06 Amendment to Procedure By-law 2019-04 to Allow Electronic Participation for Council Meetings Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell Recommendations: Page 1 of 20 THAT Niagara Falls City Council receive report CLK 2022-06 for information, and THAT Niagara Falls City Council review By-law 2022-26, being a by-law to update the procedure By-law 2019-04 to permit electronica attendance and participation at open meetings of Council. Carried (Councillor loannoni abstained from vote). 3. ADOPTION OF MINUTES 3.1. Council Minutes of March 1, 2022 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council approve the minutes of the March 1, 2022 meeting as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Lori Lococo declared a conflict of interest to the following items: • Item #8.6 - F-2022-14 - 2021 Sleep Cheap Event as she sits on the Niagara Falls Art Gallery and they received funds from the program. • Item #8.13 - R&C-2022-06 - Canada Day 2022 as the report involves her husband's former employer. b) Councillor Chris Dabrowski declared a conflict of interest to Item #8.6 - F-2022- 14 - 2021 Sleep Cheap Event, as the organization supported the Falls View Hose Brigade, of which he is a member. c) Councillor Mike Strange declared a conflict of interest to Item #8.6 - F-2022-14 - 2021 Sleep Cheap Event, as the organization supported the Falls View Hose Brigade, of which he is a member. d) Councillor Vince Kerrio declared a conflict of interest to the following items: • In -Camera Report CAO -2022-03 - as he is a property owner in Fallsview BIA. • In -Camera Report MW -2022-19 - Owner and Councillor Kerrio are partners in another property. • PBD -2022-12 (AM -2021-19) - business next door on Victoria Avenue. e) Councillor Victor Pietrangelo declared a conflict of interest to the following items on agenda: • #6.1 - Regional Official Plan and PBD -2022-17 - areas affected by the settlement area boundary review and the employment lands - family owns lands that are affected. • #7.3 - PBD -2022-16 - owns property in the notification zone. • #8.2 - CAO -2022-02 -Corporate Leadership Team (CLT) 2022 Work Plans - Employment Lands Strategy and Hospital Servicing - family owns lands that are affected. Page 2 of 20 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Hank Haluka, retired volunteer firefighter (Station 6) • Mark Kronstein, former City crossing guard • Jean -Guy Narbonne, father of JP Narbonne in our Cemeteries Dept • Rick Stokes, retired firefighter and beloved event photographer o Outstanding Volunteer of the year -2008 (Festivals & Events Ontario) o Tourism Champion of the Year -2018 o BeNF Award recipient -2019 & 2020 o Winter Festival of Lights Volunteer since 1992 o Long time volunteer for the Shriner's Club, Scouts Canada, Niagara Falls Chamber of Commerce and the Niagara Falls Volunteer Firefighters Association b) Mayor Diodati mentioned the following events: Ukraine [photos were shown] • Ukraine.ua re -shared our falls photo [photos of falls illumination] o They know we're standing with them • Commisso's fundraiser – Ukrainian aide [photos from Commisso's] o Julia & Sophia Zajac o Making decals to give away with donations o Raised aprox $7000 in one week! Transit Worker Appreciation Day [photos were shownl • Friday, March 18th • Thank you to drivers, mechanics, customer service folks, clerks! Crossing Guard Appreciation Day [video shownl • Tomorrow—Wednesday, March 23rd • 66 guards • More than 40 locations Grand Openings/ Business Happenings [photos were shown] • Spice N Flames—also attended by Councillor Pietrangelo • Triple R Auto c) The next Council meeting is scheduled for Tuesday, April 12, 2022. 6. DEPUTATIONS / PRESENTATIONS 6.1. Presentation - Regional Official Plan David Heyworth, from the Niagara Region, made a presentation to Council regarding the Regional Official Plan (opportunity for Council to ask questions of the region). Michelle Sergi and Diana Morreale from the Region were also available for comments/questions. Moved by Councillor Victor Pietrangelo Page 3 of 20 Seconded by Councillor Mike Strange That Council request a mineral resources update of the Official Plan from the Region. Carried (Councillor loannoni abstained from vote). a. PBD -2022-17 Staff Information Report - Presentation on the Region's Draft Official Plan Moved by Councillor Mike Strange Seconded by Councillor Vince Kerrio That Council receive the presentation from the Niagara Region and to receive Report PBD -2022-17 for the information of Council. Carried Unanimously (Councillor Victor Pietrangelo declared a conflict). 6.2. Presentation - SLBC Advisory Services: Draft Core Assets Management Plan Aman Singh, Senior Partner, Advisory Services, SLBC Inc., and colleague, Donna Querengesser, made a presentation to Council regarding the Draft Core Assets Management Plan. a. MW -2022-16 Draft Asset Management Plan - Core Assets Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council receive the presentation made by SLBC Inc, and also receive the Draft Asset Management Plan - Core Assets, report for information. Carried Unanimously 6.3. Presentation - from Dillon Consulting Limited PBD -2022-18 City of Niagara Falls Housing Directions Study Phase 2: Housing Strategy Kelly Martel, Ryan Taylor and Tim Welch, provided the presentation. Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo 1. That Council receive the presentation regarding the City of Niagara Falls Housing Strategy attached as Appendix I. Page 4 of 20 2. That Council endorse the Strategy and direct staff to begin its implementation through an Official Plan Amendment including consultation with the community. Carried Unanimously 7. PLANNING MATTERS 7.1 PBD -2022-12 - PUBLIC MEETING AM -2021-019, Official Plan and Zoning By-law Amendment Application 5613, 5631-5633 Victoria Avenue, Proposal: 35 Storey Hotel and 36 Storey Apartment and On -Street Dwelling on Shared Podium Applicant: Fugiel International Group Inc. Agent: Bousfields Inc. (David Falleta) The Public Meeting commenced at 8.37 PM. Julie Hannah, Planner 2, gave an overview of the background report PBD -2022-12. There were no members of public whom addressed Council. Rocky Vacca, Solicitor, Sullivan Mahoney, provided an introduction to the agent's presentation, supporting the application. Evan Sugden, Senior Planner (Bousfields Inc,) and Stew Elkins, Transportation Consultant, Paradigm, provided the presentation representing the applicant. Public Meeting was closed at 9.17 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell 1 That Council approve the Official Plan and Zoning By-law amendments as detailed in this report to exceed the 30 storey limit for a 35 storey hotel and 36 storey apartment and on -street dwellings on the subject lands, subject to a parking rate of 1.25 parking spaces per dwelling unit, and subject to the regulations outlined in this report. 2. That the amending zoning by-law include a Holding (H) provision to require a Record of Site Condition and updated wind study. 3. That the passage of the amending by-laws be conditional on the execution of a Section 37 agreement for the mixed use building on 5613, 5631-5633 Victoria Avenue to secure contributions for streetscape improvements on the abutting Victoria Avenue frontage and capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys and the subject lands merging in title. Page 5 of 20 4. That the Mayor and Clerk be authorized to execute the Section 37 agreement to the satisfaction of the City Solicitor. 5. That Council approve the request to pass a by-law to deem Lots 139 and 141 of Plan 291, to not be in a plan of subdivision and that this by-law, to enable the lots to be merged, be placed on Council's agenda at the same time as the amending zoning by-law. Ayes: Councillor Wayne Campbell, Councillor Victor Pietrangelo, Mayor Jim Diodati, Councillor Carolynn loannoni, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Chris Dabrowski, and Councillor Lori Lococo Carried Unanimously (Councillor Vince Kerrio declared a conflict). 8-0 on a recorded vote Moved by Councillor Mike Strange Seconded by Councillor Lori Lococo That Council extend the curfew past 10:00 PM. Carried (Councillors, Campbell, Kerrio and Thomson were opposed). 7.2. PBD -2022-11 - PUBLIC MEETING AM -2021-027 Zoning By-law Amendment and 26CD-11-2021-006 Draft Plan of Vacant Land of Condominium 5269-5279 Van Alstyne Place Applicant: 2579366 Ontario Inc. (Ranjit Mahil) Agent: Upper Canada Consultants (Craig Rohe) The Public Meeting commenced at 9:37 PM. Julie Hannah, Planner 2, gave an overview of the background report PBD - 2022 -11. Vijay Kapur, of 5284 Main Street, spoke in opposition of the application citing concerns with the right-of-way that leads to the Niagara Hindu Samaj; parking issues with the volume of traffic and noise levels and security concerns. Also commented that he is not against the development, however, looking for his concerns stated above to be addressed. Kanchan Rege, of 5284 Main Street, was also in attendance to express concerns. Craig Rohe, agent from Upper Canada Consultants addressed Council by addressing concerns raised by Council and residents alike (re: right -of way access from Van Alstyne Place only, fencing requirements and noise by- laws....). Page 6 of 20 Public Meeting was closed at 10:11 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo 1. That the application to amend the Zoning By-law be approved, subject to the regulations outlined in this report. 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix A. 3. That the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council. 4. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 5. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 6. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the Condominium when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously Moved by Councillor Chris Dabrowski Seconded by Councillor Mike Strange That Council approved a final extension of the Council meeting to go past 10:30 PM. Carried (Councillor Wayne Thomson abstained from vote). 7.3. PBD -2022-16 (PUBLIC MEETING) 26CD-11-2021-007 Draft Approval Plan of Condominium 6353 Carlton Ave Applicant: Pivotal Fine Homes Agent: Apex Technical Ltd. Councillor Victor Pietrangelo left the meeting as he declared a conflict to Item #7.3. The Public Meeting commenced at 10:12 PM. Page 7 of 20 Alexa Cooper, Planner 2, gave an overview of the background report PBD - 2022 -16. There were no members of public present to address this application. Hamid Razavi, agent from Apex Technical Inc, and he spoke in support of the application. Public Meeting was closed at 10:21 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio 1. That the Draft Plan of Condominium for 6353 Carlton Avenue be draft approved subject to the modified conditions in Appendix A; 2.That the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council; 3.That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision been lodged; have 4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the Condominium when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously (Councillor Victor Pietrangelo declared a conflict). 8. REPORTS 8.1. CLK-2022-04 Restricted Act of Council Period (Lame Duck) Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio THAT Council approve report CLK 2022-04 and By-law 2022-25 approving delegated authority to the CAO in the event that Council enters a Lame Duck period preceding or succeeding the 2022 Municipal Election. Carried Unanimously (Councillor Pietrangelo absent from vote). Page 8 of 20 8.2. CAO -2022-02 Corporate Leadership Team (CLT) 2022 Work Plans Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio That the 2022 Departmental Work Plans, as prepared by Corporate Leadership Team (CLT) departments be received for information. Carried Unanimously (Councillor Pietrangelo absent from vote and declared a conflict of interest). 8.3. CLK-2022-05 Use of Vote Tabulators and Alternative Voting Options for the 2022 Municipal Election Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio 1. That a by-law be adopted to support the use of vote tabulators in the 2022 municipal and school board election. 2. That Niagara Falls City Council approve Vote by Mail as an alternative voting option in addition to in-person voting during the 2022 municipal and school board election and adopt the corresponding by-law. Carried Unanimously (Councillor Pietrangelo was absent from vote). 8.4. CLK-2022-07 Use of Corporate Resources for Election Purposes Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio THAT Council review and approve the updated Use of Corporate Resources for Election Purposes Policy (400-39). Carried Unanimously (Councillor Pietrangelo was absent from the vote). 8.5. F-2022-11 Statement of 2021 Remuneration and Expenses for Members of Council and Commissions Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio For the information of Municipal Council Carried Unanimously (Councillor Pietrangelo absent from vote). 8.6. F-2022-14 2021 Sleep Cheap Event Page 9 of 20 Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio For the information of Council. Carried Unanimously (Councillors Lococo, Strange and Dabrowski declared a conflict). 8.7. MW -2022-13 Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street - Parking Control Review Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council approve the 'No Parking' restrictions be removed from: 1. the west side of Breadner Crescent between Parkway Drive (north intersection) and Parkway Drive (south intersection); 2. the west side of Chipman Crescent between Sarah Street and Cattell Drive; 3. the east side of Parkway Drive between Callan Street and Cattell Drive; and, 4. the east side of Ussher Street between Sarah Street and Chipman Crescent. And that Council pass the amending by-law on tonight's agenda. Carried Unanimously (Councillor Pietrangelo absent from vote). 8.8. PBD -2022-10 Ontario Housing Affordability Task Force Proposal Review Councillor Victor Pietrangelo returned to meeting. Moved by Councillor Lori Lococo Seconded by Councillor Wayne Campbell 1. That Council support the recommendations from Planning staff on "The Report of the Ontario Housing Affordability Task Force" as detailed in Appendix "2" of PBD -2022-10. 2. That Council forward a copy of this report to Minister Steve Clark. 3. That Staff monitor how these recommendation are implemented by the Provincial government and bring forward any necessary staffing implications to Council through the 2023 budget. Page 10 of 20 and that Council reserve the right to further comment at the April 12, 2022 Council meeting when the report is brought back for discussion. Carried Unanimously 8.9. PBD -2022-14 Information Report Town of Aurora Resolution- Dissolve the Ontario Land Tribunal (OLT) Moved by Councillor Victor Pietrangelo Seconded by Councillor Vince Kerrio That Council receive this staff report for information purposes. Carried Unanimously 8.10. PBD -2022-15 Changes to Public Notice Circulation Area Moved by Councillor Lori Lococo Seconded by Councillor Wayne Thomson That the Public Notice Circulation area remain at 120m for applications within the Urban Area boundary and 240m outside the Urban Area boundary, the current newspaper advertising be discontinued, new public notice sign requirements for a larger sign that provides more detailed, coloured rendering of the proposed development, and that a Planning Application presence be established on the City website and social media Carried (Councillor loannoni abstained from vote). 8.11. PBD -2022-26 Amendment request to a Revitalization Grant Application under the Historic Drummondville CIP — DRU -2020-001, 5528 Ferry Street Applicant: La Pue International Inc. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange Should Council support the request by La Pue International Inc. to amend the Revitalization Grant Agreement to alter the phasing of construction it is recommended: 1. that Council pass the By-law authorizing the execution of the Revitalization Grant Amendment Agreement between La Pue International Inc. and the City as attached under the By-law Section of the March 22, 2022 agenda; 2. that the applicant be required to register on title the amending agreement; and 3. that the Revitalization Grant Agreement and Phasing Amendment Agreement be forwarded to the Niagara Region for reconsideration of support under the extended Smart Niagara Incentive Program (SNIP). Page 11 of 20 Carried Unanimously 8.12 PBD -2022-27 Request for Council Resolution for a Minister's Zoning Order for lands bounded by Erie Road, Bridge Street, Queen Street and River Road Moved by Councillor Mike Strange Seconded by Councillor Chris Dabrowski That City Council pass the following Resolution to support the requested Ministry's Zoning Order (MZO). the City of Niagara Falls supports the requested MZO subject to the following conditions: 1. That all lands beyond the lands bounded by Erie Avenue, Zimmerman Avenue, Bridge Street and Queen Street be subject to parking in accordance with the CB6 and CB3 zoning unless the 0.6 spaces per unit can be justified through a Parking Demand Analysis to the satisfaction of the City's Municipal Works; 2. That the lands be subject to site plan approval subject to the policies and by- laws of the City and the urban design policies in 3.11-3.13 in the Downtown Niagara Falls Go Station Secondary Plan; 3. That a condition be added to deal with Section 37 Community Benefits through the site plan approval process to be used in the downtown area for improvements, features or affordable housing; 4. That a minimum of 2 sq.m. of balcony space be provided in addition to the 2 sq.m. of indoor space and 2 sq.m. of outdoor space; 5. That the developer submits a parking demand analysis report to justify the 0.6 spaces per dwelling unit parking ratio and that the developer be permitted to construct the podium and the first two towers of the development only. After full occupancy, the parking capacity/need will need to be reevaluated through a subsequent study to confirm if the 0.6 spaces per unit is still an acceptable parking ratio for the overall development. Both reports will require Municipal Works approval; 6. That a heritage impact study be submitted as part of site plan approval process; 7. That future road widenings in accordance with Section 4.27.1 are not hindered by the proposed development; and 8. That the City review in detail the draft by-law before submitting the final requested by-law to the Minister. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, and Councillor Chris Dabrowski Nays: Councillor Carolynn loannoni and Councillor Lori Lococo CARRIED. 7-2 on a recorded vote 8.13. R&C-2022-06 Canada Day 2022 Moved by Councillor Chris Dabrowski Page 12 of 20 Seconded by Councillor Victor Pietrangelo That Recreation & Culture staff coordinate and deliver the Canada Day 2022 parade. Carried Unanimously (Councillor Lori Lococo declared a conflict of interest). 9. CONSENT AGENDA 9.1. F-2022-12 Tax Receivables Monthly Report (February) Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council receive the Monthly Tax Receivables report for information purposes. Carried Unanimously 9.2. MW -2022-14 Weaver Road — Speed Limit Review Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That the speed limit on Weaver Road between Niagara River Parkway and Ort Road be reduced from 70 km/h to 60 km/h. Carried Unanimously 9.3. MW -2022-15 Drinking Water System Summary Report and Overview Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council receive and file Report MW -2022-15 regarding the Annual Drinking Water System Summary Report and Overview. Carried Unanimously 9.4. MW -2022-17 Single Source Procurement — 2022 Lining Program Contract Administration & Inspection Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson Page 13 of 20 That Council AUTHORIZE staff to award contract administration and site inspection contract services to GMBIuePlan Engineering Ltd. in the amount of $192,529 plus applicable taxies in support of the City's 2022 Niagara Falls Wastewater Collection System State of Good Repair Lining Program. Carried Unanimously 9.5. PBD -2022-13 PLC -2022-002, Request for Removal of Part Lot Control Blocks 100, 103 & 104, Registered Plan 59M-484, Forestview Estates 7430, 7426, 7422, 7418, 7414 and 7410 Jonathan Drive (Block 100) 7420, 7428, 7442, 7450, and 7458 Matteo Drive (Block 103) 7380, 7388, 7396, 7404 and 7412 Matteo Drive (Block 104) Applicant: Mountainview Homes (Niagara) Ltd. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council approve the request and pass the by-law included in today's agenda to exempt Blocks 100, 103 & 104, Registered Plan 59M-484 from Part Lot Control for a period of two years. Carried Unanimously 9.6. R&C-2022-04 2021 Annual Update from the Culture Division Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council receive report R&C 2022-04 for information. Carried Unanimously 9.7. R&C-2022-05 2021 Annual Update from the Public Art Advisory Task Force Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson For the information of Council. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Proclamation and Flag -Raising Request - Knights of Columbus of Ontario The Knights of Columbus Ontario State Convention is being held, in person, in Niagara Falls, April 22 through April 24, 2022. Henry Miller, of the Knights of Columbus of Ontario, is requesting the City of Niagara Falls to proclaim the week of April 17, 2022 - April 24, 2022 as Page 14 of 20 "Knights of Columbus Week" in Niagara Falls and to arrange to have the Knights of Columbus flag raised at City Hall. 10.2. Flag -Raising Request - Niagara Pride Week 2022 Pride Niagara requests the City of Niagara Falls to raise the Progress flag on Monday, May 30, 2022 for a period of 1 week. Niagara Pride Festival 2022 takes place from May 28 - June 5th, 2022. 10.3. Flag -Raising Request - Children's Mental Health Children's Mental Health Awareness Week will run from May 2-8, 2022. Pathstone Mental Health is requesting the City of Niagara Falls' support by celebrating this week by bringing awareness to children's mental health, especially with their struggles over the past two years, and by raising the CMHAW Flag for the week of May 2-8, 2022. 10.4. Flag -Raising Request - Senior's Month The Niagara Falls Seniors Advisory Committee is requesting Council to approve a flag -raising ceremony on Monday, June 6, 2022 to celebrate all that Seniors do for our City. 10.5. Flag -Raising Request - Haitian Day Ambassador of Haiti is requesting a flag -raising ceremony at City Hall on Wednesday, May 18, 2022 and a Falls Illumination that evening with the colours of Haiti (red and blue) to commemorate this celebrated day. 10.6. Proclamation Request - Autism Ontario Autism Ontario is looking to share information to bring awareness of Autism to the community and invites the City of Niagara Falls to proclaim publicly Saturday, April 2, 2022 as "World Autism Day." 10.7. Flag -Raising Request - Filipino - Independence Day The Filipino Association requests the City of Niagara Falls to arrange a flag raising ceremony after the Clean sweep event June 11,2022, as they celebrate Independence Day on June 12, 2022. Moved by Councillor Victor Pietrangelo Seconded by Councillor Vince Kerrio That Council approve/support Item #10.1 through to and including Item #10.7. Carried (Councillor loannoni abstained from vote). 11. COMMUNICATIONS (RECEIVE AND FILE FOR INFORMATION) 11.1. 2021 Niagara Falls Fire Department Annual Report (Report forthcoming) (Pulled Item #11.1 from agenda and will be brought before Council on April 12,2022.) Page 15 of 20 11.2. Resolution - City of St. Catharines - Standing with the People of Ukraine Attached is a resolution passed by St. Catharines City Council on Monday regarding Standing with the People of Ukraine. The resolution is not being circulated for endorsement; rather, the Mayor of St. Catharines has asked that we send the resolution to the local area municipalities for their information and reference. 11.3. Resolution - City of Port Colborne - Support Early Learning and Child Care Plan Attached is a resolution supported by Port Colborne City Council regarding Early Learning and Child Care Plan. 11.4. Resolution - Town of Wainfleet - Rural Settlement Area Boundary Review Attached is correspondence respecting a motion passed by Wainfleet Council regarding the Rural Settlement Area Boundary Review. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell That Council receive and file for information Item #11.2 through to and including Item #11.4. Carried (Councillor loannoni abstained from vote). 12. COMMUNICATIONS (REFER TO STAFF) 12.1. Ministry of Northern Development, Mines, Natural Resources and Forestry - Floating Accommodations on waterways over Ontario's public lands The ministry is seeking input from the public, Indigenous communities and municipal associations, by April 19, 2022, regarding the use of floating accommodations on waterways over Ontario's public lands. RECOMMENDATION: That the Matter be Referred to Staff. 12.2. Property Tax Incentives for Hotels that Help Resettle Ukrainian Refugees The letter attached is a request to subsidize hotels being used as refugee hospice. RECOMMENDATION: That the Matter be Referred to Staff. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council Refer to Staff Item #12.1 and Item #12.2. Carried Unanimously Page 16 of 20 13. COMMUNICATIONS 13.1. Ontario Ombudsman Report The Ombudsman has completed his investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020. His final report is attached. RECOMMENDATION: That Council approve the recommendations in the Ombudsman's report. Moved by Councillor Mike Strange Seconded by Councillor Chris Dabrowski That Council approve the recommendations in the Ombudsman's report. Carried (Councillor loannoni abstained from the vote). 14. COMMUNICATIONS 14.1. Komedy for Kidneys The 15th annual Komedy for Kidneys Rodney Pentland Memorial Benefit Show is taking place on Thursday April 14, 2022 at the Grew Frewin Theatre with proceeds benefiting the Niagara Health Foundation in support of Dialysis Care in Niagara. Councillors have the opportunity to purchase tickets through their annual Councillor Allowance budget. RECOMMENDATION: That Council provide direction to staff to coordinate any potential purchase of tickets and to also promote the event on our City website and through social media. Moved by Councillor Vince Kerrio Seconded by Councillor Wayne Campbell That Council provide direction to staff to coordinate any potential purchase of tickets and to also promote the event on our City website and through social media. Carried Unanimously (Councillor loannoni was absent from vote). 15. RESOLUTIONS 15.1. PBD -2022-27 Request for Council Resolution for a Minister's Zoning Order for lands bounded by Erie Road, Bridge Street, Queen Street and River Road WHEREASCouncil has determined such request to be appropriate; THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports the requested Ministry's Zoning Order. Moved by Councillor Mike Strange Page 17 of 20 1 Seconded by Councillor Chris Dabrowski That Council approve resolution #5 pertaining to PBD -2022-27. Carried (Councillor Lococo opposed and Councillor loannoni abstained from vote). 16. RATIFICATION OF IN -CAMERA a) Ratification of In -Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council: 1. That Council direct staff to release the Convention Centre Reserve of approximately $446,500; and 2. That Council direct staff to develop a written agreement ensuring that the Niagara Falls Convention Centre maintains their restricted asset replacement fund in accordance with their building condition assessments and fund an additional annual amount of $90,000 for five years in order to effectively repay this transfer. 3. That direction was provided to staff regarding a Niagara District Airport Procurement process. 4. That confidential information on Niagara Regional Broadband Networks' (NRBN) strategic plan be received by Council. 5. That Council approve of the purchase of three (3) properties from the Ministry of Transportation, described as: a. Parcel 1 and 2 - located immediately west of Stanley Avenue and are municipally known as 5446 Kitchener Street. b. Parcel 3 is located at the corner of Victoria Avenue and Kitchener Street and is known municipally as 4873 Kitchener Street. 6. That Council direct the Acting Director of Finance to make payment of deposits, representing ten percent (10%) of the sale price, before taxes, to the Minister of Finance, and to make payments of the balances of the sale price on closing, as follows: Parcel Parcel 1 Parcel 2 Parcel 3 Sale Price ($) 3,255,000 1,665,000 1,880,000 Deposit ($) 325,500 166,500 188,000 7. That Council approve a 2022 Capital Budget amendment in the amount of $6,800,000 plus applicable taxes and tax rebates and approve long term debt in an equal amount, as to borrow funds required to facilitate the land purchase in Recommendation #1. 8. That Council approve the temporary funding from the capital special purpose reserves to facilitate the land purchase in Recommendation #1, until the long term debt proceeds have been received by the City. Page 18 of 20 9. That Council acknowledge by approving the Long Term Debt in 2022 and not amending the 2022 operating property tax levy to include debt service charges, the 2023 operating property tax levy will be required to increase by the amount of debt service charges related to the debt issuance approved in Recommendation #3, approximately $500,000 or a 0.64% increase. 10.That the Mayor and Clerk be authorized to sign the three (3) corresponding Agreements of Purchase and Sale, the forms of which are satisfactory to the City Solicitor, and return with deposits to the Ministry of Transporation. 11. That Council direct Staff to report back on the results of due diligence investigations undertaken during the ninety (90) day inspection period. 12. That Council agree to a proposed land swap with 2717981 Ontario Inc. for disposal of approximately 345.8 square metres of parkland along the westerly edge of Stamford Lions Park in exchange for approximately 277.2 square metres of land along the southerly boundary of the 3846 Portage Road property, plus additional compensation negotiated by staff. 13. That Council delegate their authority for the execution of the purchase and sale agreement and easement agreement to the CAO. Carried Unanimously (Councillor Vince Kerrio declared a conflict to #1, #2, #12 and #13). 17. NOTICE OF MOTION There were no notices of motion. 18. BY-LAWS 2022- Being a by-law to delegate specific authority to the Chief Administrative 25. Officer during the Restricted Acts of Council Period. 2022- Being a by-law to amend the Procedure By-law 2019-04 to govern the 26. procedures of Niagara Falls City Council. 2022- A by-law to authorize the use of optical scanning vote tabulators for the 27 purpose of counting votes at the 2022 Municipal Elections. 2022- A By -law to appoint Deputy Lottery Licensing Officers. 28. 2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking 29. and traffic on City Roads. (Parking Prohibited). Page 19 of 20 2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking 30. and traffic on City Roads.(Parking Prohibited) 2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for 67 31. townhouse dwelling units (AM -2021-018). 2022- A by-law to designate Blocks 100, 103 & 104, Registered Plan 59M-484, not 32. to be subject to part -lot control (PLC -2022-002). 2022- A by-law to authorize the execution of a revised Revitalization Grant 33. Agreement with La Pue International Inc., respecting a Revitalization Grant to the owner of lands located within the Historic Drummondville Community Improvement Project Area. 2022- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 34. employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2022- A by-law to adopt, ratify and confirm the actions of City Council at its meeting 35. held on the 22nd day of March, 2022. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That the by-laws be read a first, second and third time as passed. Carried Unanimously (Councillor Lococo and Councillor loannoni opposed by-law 2022-31). 19. NEW BUSINESS 20. ADJOURNMENT That Council adjourn the meeting at 11.26 PM. Mayor City Clerk Page 20 of 20