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03/21/2023Niagara MINUTES ells . J "c.aNADA Ci Council Meeting City 4:00 PM - Tuesday, March 21, 2023 Committee Room 1 The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, March 21, 2023, at 4:21 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 STAFF Jason Burgess, Bill Matson, Shelley Darlington, Dale Morton, Serge PRESENT: Felicetti, Jo Zambito, Tiffany Clark, Erik Nickel, Nidhi Punyarthi, Kathy Moldenhauer, Kira Dolch (present in Chambers) Trent Dark (present via Zoom) 1. CALL TO ORDER The meeting was called to order at 4:21 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. Resolution to go In -Camera Moved by Councillor Mona Patel Seconded by Councillor Mike Strange That Council enter into an In -Camera session. Carried Unanimously 3. ADOPTION OF MINUTES 3.1. Council Minutes of February 28, 2023 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council approve the minutes of the February 28, 2023 meeting as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Lori Lococo declared a conflict of interest to Item #8.4 - OPA #147 - but only to the portion of Bridge Street and Victoria Avenue, as the Councillor lives close to the area. Page 1 of 16 b) Councillor Ruth -Ann Nieuwesteeg declared a conflict of interest to Item #8.9 - F-2023-11 - Water/Wastewater Policy Amendments, as the Councillor has a tenant in the area. Councillor Nieuwesteeg also declared a conflict of interest to Item #9.1 - L-2023-06 - as this matter deals with Chippawa Creek Road and the Councillor owns property in the vicinity on Chippawa Creek Road. c) Councillor Wayne Campbell declared a conflict of interest to Item #8.9 - F- 2023-11 - Water/Wastewater Policy Amendments, as the Councillor has a rental unit in this area. d) Councillor Victor Pietrangelo declared a conflict of interest to the following items due to the Councillor's family owning lands that can be affected: • Item #8.3 - MW -2023-08 - Southwest Niagara Falls Urban Boundary Expansion Infrastructure Improvements • By-law No. 2023-24 - Biggar Road expansion • Item #11.4 - Under Communications - Niagara Official Plan: Settlement Area Boundary Expansions - Letter of opposition • Item #8.4 - PBD -2023-15 - OPA#147 Councillor Pietrangelo also declared a conflict of interest to Item #8.9 - F-2023- 11 - Water/Wastewater Policy Amendments - as the Councillor owns property that has a tenant. e) Councillor Wayne Thomson declared a conflict of interest to Item #14 Notice of Motion - Victoria Centre BIA - One Way Traffic Issue. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Iona Morocco, mother of retired employee John Morocco and mother-in- law to Regional Councillor Joyce Morocco. • Benjamin Flagg, father of Reverend Isaac Flagg, our Niagara Falls Fire Department Chaplain. b) Mayor Diodati made the following announcements: Brunch Bid & Bowl in Support of Women's Place [photo shown] -Also attended by Councillors Victor Pietrangelo, Mike Strange, Mona Patel and Ruth -Ann Nieuwesteeg Spark Demo Day [photo shown] -Also attended by Councillor Patel Holi at Mandir Festival [photo shown] -Also attended by Councillors Nieuwesteeg and Patel Flag Raisings [photo shown] -National Day of Bulgaria—attended by Councillor Baldinelli and Councillor Patel C) Mayor Diodati wished all a Happy Easter, which is upcoming on Monday, April 10th. Page 2 of 16 d) The next Council meeting is scheduled for Tuesday, April 18, 2023. 6. DEPUTATIONS / PRESENTATIONS 6.1. Concerns from Resident (See note below) Resident Brian Medigee wishes to address Council regarding a few of his concerns, including: 1. Affordable housing to help with the homeless. 2. Create full time jobs not tourism full time jobs. 3. Revamping of the BIA or getting rid of it. 4. Be a good neighbor. 5. Crime 6. Speed changes for school areas Resident informed Clerk's staff prior to meeting that he was unable to attend. He will contact staff in the future to request a meeting to address Council with his concerns. 6.2. Resident, David Rupay - Walker Brothers Quarry Expansion David Rupay addressed concerns, regarding the Walker Bros. quarry expansion. Further details in attached email. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council supports the deferral of the requirement to submit comments and questions by April 3, 2023 to the Aggregates Resources Act (ARA) by three (3) months until July 3, 2023 and to advise the Ministry of Natural Resources and Forestry, Integrated Aggregate Operations Systems of such motion. Carried Unanimously 7. PLANNING MATTERS 7.1. PBD -2023-18 AM -2022-018, Zoning By-law Amendment 5687 Ferry Street & 5660 Spring Street Proposal: 8 storey mixed-use building with 77 residential units and 3 commercial units Applicant: Niagara Midtown Bowling Ltd. (Rocco & Kim Oliverio) Agent: DeFilippis Designs (Nick DeFilippis) Alexa Cooper, Planner 2, provided an overview of the report PBD -2023-18. Christine Burke, of 5761 Spring Street, spoke in opposition of the application, citing concerns regarding the height of the building (blocking the sun, blocking view of fireworks), mess and noise of the construction, parking concerns with 1 parking spot allocated and traffic delays. Page 3 of 16 Giuseppe Colosimo, acting as applicant, spoke to address the resident's concerns stating that there is a great need for residential units within the city; the construction will be kept to a minimum; shadow studies can be provided to show any possible impact; also have adjusted the setback measurement. The condo is an enhancement to the community and will add value to the adjacent properties. The Public Meeting was closed at 6:15 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange 1. That Council approve the Zoning By-law amendment as detailed in this report to permit an 8 storey mixed-use building with a total of 77 dwelling units and 3 commercial units, subject to the regulations and recommendations outlined in this report; and, 2. That the amending zoning by-law include a Holding (H) provision to require the submission of a revised Functional Servicing Brief and the completion of Third -Party Modelling for sanitary services to the satisfaction of Municipal Works. Carried Unanimously 8. REPORTS 8.1. COMM -2023-03 2022 Sleep Cheap Charities Reap Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the Report COMM -2023-03 be received for the information of Council. Carried Unanimously 8.2. F-2023-13 Statement of 2022 Remuneration and Expenses for Members of Council and Commissions Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the Report F-2023-13 be received for the information of Municipal Council Carried Unanimously 8.3. Councillor Victor Pietrangelo left Chambers at 6:38 PM as he had declared a conflict to Items #8.3 and #8.4. MW -2023-08 Page 4 of 16 Southwest Niagara Falls Urban Boundary Expansion Infrastructure Improvements Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell 1. That Council approve a 2023 capital budget amendment of $1,500,000 for the Montrose Road, Biggar Road, Reixinger Road Reconstruction project (MS64-23) to include the completion of a dedicated local sanitary system that will provide servicing for newly identified future growth in the Southwest Niagara Falls Area. 2. That the $1,500,000 capital budget amendment be funded by debenture financing, and development charges where permissible. 3. That the operating budget impacts associated with the additional debenture financing be referred to the 2024 budget process for inclusion in the 2024 utility budget. 4. That Council delegate Staff to further negotiate with the Region of Niagara to finalize the additional scope of the new local 450mm Sanitary Sewer System and to incorporate it as a change work order within the currently awarded Montrose Road/Biggar Road Reconstruction Contract (Region Contract 2021-T-269). 5. That the Mayor and City Clerk be authorized to execute all require documents and amending cost sharing agreement between the City of Niagara Falls and Region of Niagara for the Montrose Road, Biggar Road and Reixinger Road Reconstruction project. Carried (Councillor Lori Lococo was opposed to the vote and Councillor Victor Pietrangelo declared a conflict). 8.4 PBD -2023-15 Official Plan Amendment No. 147 City initiated amendment to the Official Plan for new Employment Policies Jeffrey Dreben, from Better Neighbourhoods Development Consultants, addressed Council , representing owners of 7047 Reixinger Road & 5789 Lyons Creek Road (Via Zoom). Rocky Vacca, from Sullivan Mahoney, addressed Council, speaking on behalf of 800460 Ontario Ltd. (in person in Chambers). A recorded vote was requested by Councillor Mike Strange. Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson THAT: Page 5 of 16 1. Council receive the recommendations from Staff regarding adopt Official Plan Amendment No. 147 to implement new Employment policies and site specific conversions; 2. Council adopt Official Plan Amendment No. 147 save and except the map changes applicable to the parcel of land located at the northwest corner of Stanley Avenue and Lyons Creek Road with the municipal address: 9015 Stanley Avenue, described in Section 1 a) ii) of the Official Plan Amendment and shown on Map 1 to Amendment No, 147, to implement new Employment policies and site specific conversions and; 3. Official Plan Amendment No. 147, as amended, be forwarded to the Region for approval, and, 4. That Council direct Staff to take the necessary steps to implement the decision of Niagara Region related to Official Plan Amendment No. 147, and; 5. The implementing zoning by-law amendments be forwarded to Council for adoption upon receiving Regional approval for Official Plan Amendment No. 147. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Tony Baldinelli, Councillor Mona Patel, and Councillor Ruth -Ann Nieuwesteeg Nays: Councillor Lori Lococo Carried (Councillor Pietrangelo declared a conflict and Councillor Lococo declared a conflict only to the portion of Bridge Street and Victoria Avenue; Councillor Lococo was opposed to vote). 7-1 on a recorded vote 14.1. Item #14.1 was moved up in the agenda and was discussed at 7:45 PM. Notice of Motion - Victoria Centre BIA - One Way Traffic Issue (letter from Sparks Steakhouse added; petition added; letter from Lisa Burland and Joe Leo added; memo from City Clerk added; additional comments from residents added; Fallsview Casino and Hilton correspondence added) Attached is a resolution from Councillor Lococo in regards to the one way traffic on Centre Street in Niagara Falls. Tim Parker, Victoria Centre BIA, addressed Council, supporting the motion. Navin Shahani, Sparks Steakhouse, spoke to Council, to address his concerns with the proposed motion. He has included a letter, of which is attached. Navin spoke of the financial commitment they have made to allow for the patios. Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo That Council move into a closed session at 8:16 PM, to get legal advice prior to making a decision on this matter. Carried Unanimously 8.5. Upon resuming of open Council, Councillor Lori Lococo informed the public that based upon the In -Camera discussion, she was removing her Page 6 of 16 notice of motion and acknowledged that a meeting would be arranged with stakeholders to solicit feedback. A future report will come before Council. PBD -2023-16 OPA #155 Official Plan Amendment Delegated Authority Applicant: City of Niagara Falls Initiated Amendment Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo 1. That Council authorize staff to proceed with amendments to the City's Official Plan to delegate authority to staff for approval of certain development applications and that staff consult with the development industry and the public about the proposed delegated authority; and, 2. That staff bring a future report at a Public Meeting with draft by-laws regarding the delegation of authority back to Council for their consideration. Carried Unanimously 8.6. PBD -2023-17 Revitalization Grant Application under the Historic Drummondville CIP DRU -2022-001, 5528 Ferry Street Applicant: La Pue International Inc. (Pawel Fugiel) Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell That Council direct staff to undertake the following actions to implement the request by La Pue International Inc. to enter into a new phased Revitalization Grant Agreement under the Historic Drummondville CIP: 1. That the Owner satisfies all program requirements including entering into an agreement with the City of Niagara Falls. 2. That Staff be delegated to draft an agreement with the Applicant that is in line with discussions in this report. 3. That the Mayor and Clerk be authorized to sign the agreement. 4. That the current Revitalization Grant Agreement be rescinded and removed from title at the cost of La Pue International Inc. 5. That the revitalization grant request be forwarded to the Niagara Region for consideration of support under the Smart Niagara Incentive Program (SNIP). Carried (Councillor Mona Patel opposed the vote). 8.7. PBD -2023-19 Site Plan Guidelines Update Moved by Councillor Victor Pietrangelo Page 7 of 16 Seconded by Councillor Mike Strange 1. That the attached City of Niagara Falls Site Plan Guidelines document be adopted by council and staff be directed to implement; and 2. That the authority to modify and update the City of Niagara Falls Site Plan Guidelines document be delegated to the General Manager of Planning, Building, & Development. 3. That Council direct staff to update the Site Plan Control By-law (By-law 2011-12). Carried Unanimously 8.8. R&C-2023-04 Jaida Lee Recognition Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson That Council approve the Recreation Committee's recommendation to install a plaque in recognition of Jaida Lee on the grandstand at Oakes Park; and furthermore, that Council approve the funding to cover Jaida Lee's visit to Niagara Falls to throw the first pitch, including travel, accommodation expenses and attraction passes. Carried Unanimously 8.9. F-2023-11 Water/Wastewater Policy Amendments Councillors Nieuwesteeg, Pietrangelo and Campbell all left Chambers as they declared a conflict of interest to Item #8.9 Tiffany Clark, Director of Finance, provided a presentation. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Council APPROVE staffs recommended changes to 700.23 Water/Sewer Collection Policy as indicated in attachment 1, to take effect on January 1, 2024, and further that effective January 1, 2024 that Council REPEAL 700.28 Water/Sewer Tenant Accounts Policy, which will no longer be applicable. 2. THAT Council APPROVE staffs recommended changes to 700.24 High Water Consumption Policy as indicated in attachment 2. 3. THAT Council APPROVE staffs recommended changes to 700.27 Water Disconnection and Reconnection Policy as indicated in attachment 3, to take effect on January 1, 2024. Carried Unanimously (Councillors Nieuwesteeg, Pietrangelo and Campbell declared a conflict of interest). Page 8 of 16 8.10. CLK-2023-03 Fee Waiver Applications- March 2023 Submissions - 44th Annual Women's Place Book Riot - Stamford Centre Volunteer Firemen's Association - Respective Park Events (Summer 2023) - Rotary Club of Niagara Falls Sunrise - Niagara Falls Rotary Ribfest - Niagara Irish Festival - Heart Niagara - Cruising the Q Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council consider approving, approving in part or denying the Fee Waiver Applications submitted from January 2023 - March 2023, listed as follows: 1. The 44th Annual Women's Place Book Riot - in the amount of $6,154.50 for the waiving of the costs associated with the facility rental at the Gale Centre. 2. Stamford Centre Volunteer Firemen's Association - in the amount of $630.00 for the waiving of the cost for 3 business licence fees for 3 motorized food trucks for the summer months of 2023 at Firemen's Park. 3. Rotary Club of Niagara Falls Sunrise - Niagara Falls Rotary Ribfest - in the amount of $325.00 for the waiving of the "licence to operate" fee. 4. Niagara Irish Festival - in the amount of $1,680.00 for the waiving of the cost for 8 business licence fees for 8 motorized food trucks for the event on August 25, 2023. 5. Heart Niagara - Cruising the Q - in the amount of $7,404.00 for the waiving of the costs associated with the closing of the streets, special events permit fees and parking fees. Carried Unanimously (Councillor Campbell was absent for vote). 9. CONSENT AGENDA 9.1. L-2023-06 Permanently Close and Declare Surplus of Lands Unopened Road Allowance, RR63 - Chippawa Creek Road Our File No. 2023-39 Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg Page 9 of 16 1. In the event that Council determines that it is in the public interest to do so, that the portion of the unopened road allowance between Garner Road and Heartland Forest Road, north of Chippawa Creek Road, (the "Subject Lands"), as shown in yellow on the maps attached as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That Council accept the offer from The Regional Municipality of Niagara (the "Region") to purchase the Subject Lands described and shown on Schedule "A" to this Report, for nominal consideration on the condition that, in the event the Region cancels the project or if the Subject Lands are declared surplus to the Region's needs, the Region would re -convey the Subject Lands to the City for nominal consideration. 3. That the City Solicitor and Chief Administrative Officer, or their designate, are authorized to execute all documentation and take whatever steps necessary to carry out Recommendations 1 and 2. Carried Unanimously (Councillor Ruth -Ann Nieuwesteeg declared a conflict). 9.2. MW -2023-07 Drinking Water System Summary Report and Overview Councillor Lori Lococo requested to lift Item #9.2 to discuss further. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg 1. That this report be received and filed. 2. That the current version (version 7) of the City of Niagara Falls Distribution System Operational Plan be endorsed. Carried Unanimously 9.3. R&C-2023-02 2022 Annual Update from the Public Art Advisory Task Force Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Report R&C-2023-02 be received for the information of Council. Carried Unanimously 9.4. R&C-2023-03 2022 Annual Update from the Culture Section Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council receive report R&C 2023-03 for information. Carried Unanimously Page 10 of 16 Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo That a recommendation be made for Council to participate in the optional online "Standard of Care, Safe Drinking Water" course, for information purposes. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Flag -Raising Request - Children's Mental Health Awareness Week This year, Children's Mental Health Awareness Week will run from May 1 - 7, 2023. Pathstone Mental Health is requesting the City of Niagara Falls to support the celebration of the week and to bring awareness to children's mental health, especially with their post -pandemic struggles, by raising the CMHAW Flag for that week. Recommendation: For the approval of Council. 10.2. Flag -Raising Request - Niagara Pride Week - Pride Niagara Festival 2023 Pride Niagara requests a flag -raising ceremony on Monday, May 29, 2023 to support and acknowledge Niagara Pride Week and as part of this year's Pride Niagara Festival 2023 and to have the flag flown for the week (Saturday, May 27th - Sunday, June 4th, 2023). 10.3. Flag -Raising Request - Filipino Independence Day The Filipino Canadian Association of Niagara is requesting the City of Niagara Falls Council to approve a flag -raising ceremony on Thursday, June 8, 2023 or Friday, June 9, 2023 to commemorate Independence Day. 10.4. Proclamation Request - Apraxia Awareness Day Attached is a request for Niagara Falls City Council to proclaim Sunday, May 14, 2023 as "Apraxia Awareness Day." Childhood Apraxia of Speech is a very misunderstood and very challenging speech disorder. 10.5. Noise By-law Exemption and Vendor Licence Fee Exemption - Irish Music Festival - August 25, 26, 2023 The Irish Music Festival will be held this summer at Firemen's Park, 2275 Dorchester Road on Friday, August 26th and Saturday, August 26th, 2023. Irish Music Niagara is requesting a noise -by-law exemption to allow the live bands to play until 11:00 PM both nights (25th, 26th). In addition, they are expecting 6-10 food trucks and as such, they are also requesting the waiving of the licensing fees related to such vendors to help them in staging the event. Recommendations: 1. That Council consider granting a Noise By-law Exception until 11:00pm for the playing of music at the Irish Music Festival, taking place at Fireman's Park on August 25th and 26th, 2023. 2. That any request for fee waivers for business lincensing be referred to the City's Fee Waiver application process. Page 11 of 16 10.6. Noise By-law Exemption - St. George Serbian Orthodox Church St. George Serbian Orthodox Church is planning several events for 2023 and are requesting an exemption to the City's Noise by-law until 12 midnight on the following dates: • Folklore Concert — June 10, 2023 Serbian Day — June 24 & 25, 2023 Kordun Slava — July 29, 2023 Folklore Slava — September 2, 2023 Recommendation: That Council consider granting the Noise By-law Exemptions until 12 midnight for the playing of music at the Serbian Orthodox Church at 6085 Montrose Road. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg That Council approve Item #10.1 through to and including Item #10.6. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution -Municipality of Trent Lakes -Oath of Office The attached resolution is from the Municipality of Trent Lakes regarding the Oath of Office. 11.2. Updates to the Municipal Environmental Assessment The Ministry of the Environment, Conservation and Parks is informing Council that the Municipal Class Environmental Assessment (EA) has been amended as part of the ministry's work on EA modernization. The attached letter has more information. 11.3. Communities in Bloom 2023 The Chair of Communities in Bloom Ontario, is inviting the City of Niagara Falls to participate in the 2023 Ontario Provincial Edition of Communities in Bloom. Details regarding workshop sessions attached for further information. 11.4. Niagara Official Plan: Settlement Area Boundary Expansions - Letter of opposition The attached letter was addressed to the Mayor, Members of Council and to the Niagara Region Planning Staff. 11.5. Correspondence from resident Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel That Council receive and file for information Item #11.1 through to and including Item #11.5. Page 12 of 16 Carried Unanimously (Councillor Pietrangelo declared a conflict to Item #11.4). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Appointments to Niagara District Airport Commission The City received 11 applications from Niagara Falls' residents to sit on the Niagara District Airport Commission for the current term of Council. The attached memo and report provides further information. Recommendation: That Council appoint Ann Marie Nitsopolous and John Ventresca to act as Commissioners on the Niagara District Airport Commission for the next four-year term beginning in 2023, ending in 2026. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg That Council appoint Ann Marie Nitsopolous and John Ventresca to act as Commissioners on the Niagara District Airport Commission for the next four- year term beginning in 2023, ending in 2026. Carried Unanimously 12.2. Petition - Sidewalk Ploughing on Riall Street Attached is a memo, which includes a petition from residents on Riall Street in Niagara Falls, requesting the City to discontinue ploughing the sidewalks in front of their homes. Recommendation: That Council receive the attached petition regarding sidewalk snow ploughing and direct staff to report back on the feasibility of the request. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council receive the attached petition regarding sidewalk snow ploughing and direct staff to report back on the feasibility of the request. Carried Unanimously 12.3. Niagara Falls Downtown Board of Management - Board composition and request for approval. Attached is communication from the Downtown BIA requesting approval from Council of the composition of the Board. Recommendation: For Council's Consideration. Moved by Councillor Wayne Campbell Seconded by Councillor Lori Lococo That Council defer this matter. Carried Unanimously Page 13 of 16 13. RATIFICATION OF IN -CAMERA Council resumed the closed In -Camera session at 9:24 PM. a) Ratification of In -Camera Moved by Councillor Mona Patel Seconded by Councillor Wayne Campbell 1) That the CAO, the General Manager of Planning, Building and Development, and the City Solicitor be provided the delegated authority to conclude the Terms of Settlement with regard to the OLT matter OLT-22- 004465 as directed In Camera. 2) THAT the City of Niagara Falls repeal bylaw 98-247, being a bylaw to establish the Downtown Niagara Falls Business Improvement Board of Management (the Downtown BIA) and assume all of the assets and liabilities of the Downtown BIA; AND THAT the City of Niagara Falls continue to charge a tax levy to address any excess in the liabilities of the Downtown BIA beyond its assets until such time as that excess has been satisfied; AND 3) THAT Council directs City staff to take all step necessary to secure the assets and records of the Downtown BIA as may be recommended by the CAO of the City; AND THAT staff come back with options on reformation of the BIA after consultation with the members of the BIA and the public, within two years; AND THAT Council authorizes this direction effective immediately. 4) That the report on Surplus City Buildings be deferred to the next meeting of Council. 5) That there be direction to staff regarding the collective bargaining process. 6) That Council provide direction to staff to have the Committee Appointment By-law amended for the next Council meeting for the Recreation Committee to suspend Rob Desson until further notice; AND THAT Council re -vote on the appointment of 1 additional individual for the Anti -Racism Committee; AND THAT the results of this vote be reflected in an amendment to the Committee Appointment Bylaw at the next meeting of Council. Carried (Councillor Lococo voted in favour for all but the repealing of by- law 98-247 regarding the Downtown BIA; Councillor Tony Baldinelli was absent from the vote). 14. NOTICE OF MOTION/NEW BUSINESS 'Moved 14.1 up in agenda, after Item #8.4*** a) Functionality of Provincial Highway 405 (General Brock Pkwy) & QEW By way of Council looking for an update regarding the request for a south - oriented ramp at the Highway 405/QEW interchange, the following motion was passed. Page 14 of 16 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council direct staff to send a letter to the Ministry of Transportation to request the Minister to visit on-site to witness traffic concerns pertaining to the pursuit of a fully functional Highway 405/QEW interchange. Carried Unanimously 15. BY-LAWS 2023- A by-law to provide for the adoption of Amendment No. 147 to the City of 023. Niagara Falls Official Plan. 2023- A by-law to establish Part 3 on Plan 59R-17440 as a public highway to be 024. known as, and to form part of Biggar Road. 2023- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking 025. and traffic on City Roads. (Parking Prohibited, Stopping Prohibited). 2023- A by-law to declare 4621 St. Clair Avenue, in the City of Niagara Falls, in the 026. Regional Municipality of Niagara, as surplus. 2023- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 027. employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2023- A by-law to provide for citizen appointments to certain Committees, Boards 028. and Commissions. 2023- A by-law to adopt, ratify and confirm the actions of City Council at its meeting 029. held on the 21 st day of March, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell That the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Pietrangelo declared a conflict to by- law 2023-024). 16. ADJOURNMENT a) Adjournment Moved by Councillor Wayne Campbell Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council adjourn the meeting at 10:47 PM. Carried Unanimously Page 15 of 16 Mayor City Clerk Page 16 of 16