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02/07/2023Niagara MINUTES FURS CityCouncil Meeting CANADA 4:00 PM - Tuesday, February 7, 2023 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, February 7, 2023, at 4:22 PM, in the Council Chambers, with the following members present: COUNCIL Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne PRESENT: Campbell, Councillor Lori Lococo, Councillor Ruth -Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (All present in Chambers) STAFF Jason Burgess, Bill Matson, Margaret Corbett, Michael Stewart, Danijel PRESENT: Dragosavljevic, Shelley Darlington, Dave Etherington, Nidhi Punyarthi, Erik Nickel, Jo Zambito (Present in Chambers). Shawn Oatley, Andrew Bryce, Serge Felicetti, Kathy Moldenhauer, Tiffany Clark, Trent Dark (Present via Zoom). 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In -Camera Moved by Councillor Tony Baldinelli Seconded by Councillor Mona Patel That Council enter into an In -Camera session. Carried Councillor Campbell was absent for vote 2. CALL TO ORDER The meeting was called to order at 4:22PM. 3. ADOPTION OF MINUTES 3.1. Council Minutes of January 31, 2023 (Special City Council Meeting) Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange That Council approve the minutes of the January 31, 2023 Special City Council Meeting as presented. 4. DISCLOSURES OF PECUNIARY INTEREST Carried Unanimously Page 1 of 8 a) Councillor Lococo declared a conflict of interest for the meetings of January 24th and January 31st for any reference to the Niagara Falls Art Gallery in F- 2023-10 Operating Budget. Councillor Lococo sits on the board as a resident. b) Councillor Pietrangelo declared a conflict of interest for item #9.1, Niagara Region Correspondence. The Councillor's family owns land in the affected area. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Ilona Kouidere, sister of Anita O'Neil of our Building Department, • David Watt, former City Employee with our Municipal Works Dept. • John "Jack" Lea, father of Tim Lea in Fire Suppression Services. • Louise Baglieri, mother of city staff members, Evan & Jonathan Baglieri and mother-in-law of Carey Campbell. • Sal Pietrangelo, father of Nick Pietrangelo of our traffic and Parking Division and uncle of Councillor Victor Pietrangelo. b) Mayor Diodati made the following announcements: City Council Representatives Summit of Coalition of Support Groups in Canada Councillor Patel Tools of Tools (Photo shown) • Featuring Wayne Moore • Runs until Sat. April 8th at the NF History Museum • Also attended by Councillor Patel Crime Stoppers Flag Raisinq(Photo shown) • Also attended by Councillor Nieuwesteeg and Councillor Patel Sports Wall of Fame Induction Ceremony(Photo shown) • Inductees for 2021 & 2022 • Also attended by Councillors Patel, Nieuwesteeg, Lococo, Pietrangelo and Strange Grand Openings/ Business Happenings (Photos shown) • F45 Niagara Falls Grand Opening o Also attended by Councillors Patel and Nieuwesteeg • S&C Tattoo Parlour and Barber Shop o Also attended by Councillors Lococo, Patel and Nieuwesteeg • Niagara Fasteners -50th Anniversary c) The next Council meeting is scheduled for Tuesday, February 28, 2023. 6. DEPUTATIONS / PRESENTATIONS Page 2 of 8 6.1. Deputation regarding property matters Resident Evi Mitchinson addressed Council regarding a severe ponding problem recurring in her mother's backyard. Members of Council were able to ask questions and Staff provided comment. Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo THAT staff amend the wording on the waiver to only include the pipe and not the discharge or street water. Carried Unanimously 6.2. Request to Refund Development Charges - Lucas Bandi Building permit number BP -2021-0048 at 4389 Beechwood Road Resident, Lucas Bandi requested a refund for development charges paid on building permit BP -2021-0048. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Staff refund the City's portion of the development charges paid for the property of 4389 Beechwood Road to Mr. Lucas Bandi, in the amount of $8,321.00, AND THAT the refund be funded from reserves. Carried Councillor Lococo opposed 7. REPORTS 7.1. F-2023-05 2020 Corporation of the City of Niagara Falls (Draft) Consolidated Financial Statements Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell Recommendation: That Council APPROVE the 2020 Corporation of the City of Niagara Falls Draft Consolidated Financial Statements. Carried Unanimously 7.2. L-2023-04 Proposed Conveyance of City Own Land to 2808378 Ontario Inc. Ferguson Laneway adjacent to 4473-4478 & 4499 Ferguson Street Our File No. 2022-134 Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo Recommendations: Page 3 of 8 1. In the event that Council determines that it is in the public interest to do so, that the Ferguson Street Laneway (located between 4473-4478 & 4499 Ferguson Street) hereinafter referred to as the "Subject Lands", as shown in red on the attached map as Schedule "A", be permanently closed and declared surplus to the City's needs for the purposes of selling the Subject Lands to both abutting landowners, being the owners of 4473-4478 and 4499 Ferguson Street. 2. That any sale of the Subject Lands be conditional upon the lands being merged in title with the abutting lands. 3. That the City Solicitor and Chief Administrative Officer, or their designate, is authorized to execute all other documentation and take whatever steps necessary to carry out Recommendations 1 and 2 Carried Councillor Strange was not present for vote 7.3. MW -2023-02 Forestview/Garner Stormwater Management Pond Cleanout and Retrofit - Cost Sharing Agreement Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo Recommendations: 1. That the City enter into a cost sharing agreement with the developers of Garner Place Subdivision (Plan 59M-510) to implement improvements and an expansion to the existing Stormwater Management Pond located at Garner Road and Forestview Boulevard. 2. That the General Manager of Municipal Works be authorized to execute the cost sharing agreement on the City's behalf for the estimated amount of $270,770, the amount to be funded through the approved 2021 Stormwater Management Pond Assessment and Cleanout account (STMS51-21). Carried Unanimously 7.4. PBD -2023-06 Information Report Vacant Building Registry and Vacant Residential Building Tax Moved by Councillor Lori Lococo Seconded by Councillor Wayne Thomson Recommendations: 1. That Council direct staff to initiate a Vacant Building Registry and a Vacant Building Registry By-law to be in place during the fourth quarter of 2023 to encourage the repurposing of vacant building stock for residents and businesses. 2. That Council direct staff to bring back a report at a future date outlining how the City may implement a vacant land tax to deal with idle properties. 7.5. PBD -2023-09 Carried Unanimously Page 4 of 8 Information Report to Council for Uppers Quarry Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel Recommendation: That Council receive this report for information purposes. Carried Unanimously 8. CONSENT AGENDA 8.1. F-2023-06 Monthly Tax Receivables Report (December) Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo Recommendation: That Council RECEIVE the Monthly Tax Receivables report for information purposes. Carried Unanimously 8.2. PBD -2023-07 Downtown Community Improvement Plan Application DOW -2022-001 4578-4588 Queen Street Applicant: Edward Pybus Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That Council approve the Commercial Building and Facade Improvement Grant Application for 4578-4588 Queen Street, subject to the applicant satisfying the program requirements. Carried Councillor Patel opposed 8.3. PBD -2023-08 Lundy's Lane Community Improvement Plan - Commercial Facade, Landscaping and Property Improvement Grant Application, LLN-2023-001 6915 Lundy's Lane Applicant: On the Ridge Retail Inc. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That Council approve the Commercial Facade, Landscaping and Property Improvement Grant Application for 6915 Lundy's Lane, subject to the applicant satisfying the program requirements. Carried Unanimously Page 5 of 8 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following matters: 1. Niagara Region Report CSD 4-2023 - Approval of 2023 Interim Levy Dates and Amounts 2. Niagara Region Report PDS 3-2023 - Approval of the Niagara Official Plan 3. Niagara Region Report CSD 2-2023 - 2023 Budget - Waste Management Services Operating Budget and Rate Requisition Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council receive and file for information. Carried Unanimously Councillor Pietrangelo having a conflict of Interest 9.2. Letter from the Minister of Municipal Affairs and Housing - 234-2023-285 City of Niagara Falls Attached is letter from the Honourable Steve Clark, Minister of Municipal Affairs and Housing regarding the extension of the Streamline Development Approval Fund Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council receive and file for information. Carried Opposed by Councillor Patel 9.3. Resolution — Town of Fort Erie — Freshwater Health Campaign Attached is a resolution from the Town of Fort Erie that was passed at its meeting of January 23, 2023 regarding the Great Lakes and St. Lawrence Cities Initiative — Freshwater Health Campaign Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council receive and file for information. Carried Unanimously 9.4. Memo from Finance - Niagara Falls Hydro Holding Corporation Attached is a memo from Tiffany Clark, Director of Finance, informing Council of the Niagara Falls Hydro Corporation update to the Shareholder. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council receive and file for information. Page 6 of 8 Carried Unanimously Councillor Lococo abstained from vote 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Special Occasion Permit Request — 2023 Niagara I Heart Beer & Taco Festival Organizers of the event are looking to Council for a letter of Municipal Significance for this festival taking place at the Niagara Convention Centre on Saturday March 25, 2023 from 4:00 p.m. to 10:00 p.m. With Council declaring the event as "municipally significant", this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council declare the 2023 Niagara I Heart Beer & Taco Festival as an event of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. Carried Unanimously 10.2. Comments from Resident Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell That Council receive the correspondence for information. Carried Unanimously 11. RATIFICATION OF IN -CAMERA a) Ratification of In -Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel That Council approve a 2023 Capital Budget amendment of $75,000 for software licensing, funded by the OLG Reserve. Carried Unanimously 12. NOTICE OF MOTION/NEW BUSINESS a) Niagara Military Museum Councillor Thomson discussed the need for an elevator for the veterans at the Niagara Military Museum. Staff to come back with a report. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo THAT Council direct staff to come back with a report regarding the Niagara Military Museum about the possible use of a 2nd floor elevator or chair lift. Page 7 of 8 Carried Unanimously Councillor Strange absent from vote 13. BY-LAWS 2023- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking 010. and traffic on City Roads. (Parking Prohibited) 2023- A by-law to adopt, ratify and confirm the actions of City Council at its meeting 011. held on the 7th day of February, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT the by-laws be read a first, second and third time and passed. Carried Unanimously 14. ADJOURNMENT a) Adjournment Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli That Council adjourn the meeting at 6:25PM. Carried Unanimously ity Clerk Page 8 of 8