09/12/2023Niagma MINUTES
#11S City Council Meeting
4:00 PM - Tuesday, September 12, 2023
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday,
September 12, 2023, at 4:17 PM, in the Council Chambers, with the following members
present:
PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne
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, Erik Nickel, Tiffany Clark, Shelley Darlington,
PRESENT: Kira Dolch, Andrew Bryce, Joe Zambito, Serge Felicetti, Margaret
Corbett, Heather Ruzylo (present in Chambers)
1. CALL TO ORDER
The meeting was called to order at 4:17 PM.
2. IN CAMERA SESSION OF COUNCIL
2.1. Resolutions to go In -Camera
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council enter into an In -Camera session on September 12, 2023 and on
September 19, 2023 and October 18, 2023.
Carried Unanimously
3. ADOPTION OF MINUTES
3.1. Council Minutes of August 15, 2023
Moved by Councillor Mona Patel
Seconded by Councillor Tony Baldinelli
THAT Council approve the minutes of the August 15, 2023 meeting as
presented.
Carried Unanimously (Councillor Pietrangelo declared a conflict to Items
#11.3, #11.6 and #11.11).
4. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Victor Pietrangelo declared a conflict of interest to the following
items from the August 15, 2023 Council agenda:
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Item #11.3 - Niagara Region Correspondence - PDS 22-2023 -
Proposed Provincial Planning Statement - Natural Heritage Policies.
Item #11.6 - NPCA - resolution - as both of these items (#11.3 and
#11.6) deal with Provincial Planning Statements and the Councillor's
family owns lands that can be affected.
Item #11.11 - Memo - Status of Application - AM -2022-017 - Zoning By-
law Amendment - as Councillor's father owns testamentary devise
lands.
b) Councillor Victor Pietrangelo declared a conflict of interest to the following on
the September 12, 2023 agenda:
• Item #8.3 - PBD -2023-55 - 2023 Provincial Planning Statement Natural
Heritage Policies, as the Councillor's family owns lands that can be
affected.
• Item #11.4 - Niagara Region Correspondence - PDS -24-2023, as
Councillor's parents own land that can be affected.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to the following:
• Irene Collee - mother of Doug Collee of our Fire Prevention Office.
• Colin "Barney" Ruddell - Retired Deputy Fire Chief.
The Mayor mentioned the following City events:
AMO — London
-Minister of Transportation
-Minister of Infrastructure (Region)
Niagara United Soccer Club 50th Anniversary [photo]
-(no councillors)
Firefighter Recruit Graduation [photo]
-(no councillors)
Niagara Falls Irish Festival [photo]
-Also attended by Councillors Lococo and Patel
St. Paul's Evangelical/ Lutheran Church Final Service [photo]
-Also attended by Councillor Lococo
Key to the City Presentation — Fred Fox [photo]
-Also attended by Councillor Nieuwesteeg, Lococo and Thomson
F.H. Leslie Playground Ribbon Cutting [photo]
-Also attended by Councillors Nieuwesteeg, Lococo, Baldinelli and Thomson
Heater's Heroes [photo]
-Congratulations to Councillors Pietrangelo and Strange
-Raised $50K this year
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-Gruelling- cobwebs/ snakes/ mud/ rocks/ leaky motorhome
-Wanted to quit, but couldn't quit on the kids
-Event attended by Councillors Lococo, Nieuwesteeg, Baldinelli and Thomson
Our First Annual Charity Community BBQ [photo]
-Mike & Armelina Glavcic $1 M
•$30K raised between Hospice/ Hospital
•3-5K attendees
-THANK YOU to 100's of volunteers/ city staff
-Sponsors/ Donors/ Community
-Attended by all of City Council
Councillor Representation
Councillor Patel•Onam Celebration with the United Keralites of Niagara
•Onam Celebration of MASS Niagara
Regional Councillor Morocco -Groundbreaking Ceremony -55 Plus Active
Adult Lifestyle Community
Flag Raisings [photos for each were shown]
-Restoration Day- Dominican Republic
oAttended by Councillor Patel
-Ukraine's Independence Day
oAttended by Councillor Lococo
-Childhood Cancer Awareness Month
oAttended by Councillors Baldinelli, Thomson, Patel and Councillors
Pietrangelo and Strange virtually from their run
•PKD (Polycystic Kidney Disease) Awareness Day
oAttended by Councillors Baldinelli, Thomson and Patel
Grand Openings & Business Happenings [photos for each were shown]
•Kristina's Kolours 10th Anniversary – (no councillors)
-Metro - (no councillors)
-High End Cannabis Grand Opening
oAttended by Councillor Patel
•Hazukido Grand Opening
oAttended by Councillors Thomson and Patel
b) The next Council meeting is scheduled for Tuesday, October 3rd, 2023.
6. DEPUTATIONS / PRESENTATIONS
6.1. BDD-2023-001
Niagara Falls Economic Development Strategy
Angela Davidson, Manager of Business Development, introduced Report BDD-
2023-001 and the Niagara Falls Economic Development Strategy and the
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consultants from Stiletto, Laura O'Blenis and Tara Sutton, whom led the
presentation.
Laura O'Blenis, President & CEO of Stiletto and Tara Sutton, Project Lead,
made a presentation to Council.
Mayor Diodati left the meeting at 5:12 PM, and Councillor Pietrangelo resumed
as Chair.
At 5:16 PM, Mayor Diodati returned to meeting as Chair.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
1. THAT Council approve the draft Economic Development Strategy Five Year
Plan.
Carried Unanimously
7. PLANNING MATTERS
7.1. PBD -2023-53
AM -2023-011
Zoning By-law Amendment Application
5504 Lewis Avenue
Applicant: Jingfang Wang
Agent: Greg Taras (Urban & Environmental Management Inc.)
Councillor Pietrangelo left the meeting at 5:53 PM and returned at 5:58 PM.
The Public Meeting commenced at 5:53 PM.
Nick DeBenedetti, Planner 2, provided an overview of Report PBD -2023-53.
Samantha Bray, Project Manager from Urban & Environmental Management
Inc., was in attendance and responded to Council questions.
The Public Meeting was closed at 6:02 PM.
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
1. THAT Council approve the Zoning By-law amendment to rezone the
property, a site-specific Residential Apartment 5A Density (R5A) Zone to allow
the conversion of an existing mixed-use building to an apartment dwelling
containing 7 units, subject to the regulations outlined in this report,
2. THAT the amending Zoning By-law include a Holding (H) provision to require
a Development Agreement be entered into between the applicant and the City
containing noise warning clauses to the satisfaction of the City and the Niagara
Region,
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3. THAT the Mayor and Clerk be authorized to execute a Development
Agreement to the Satisfaction of the City Solicitor; and further,
4. THAT the City Solicitor be authorized to register the Development
Agreement on title to 5504 Lewis Avenue in the Land Registry Office at Mr.
Jingfang Wang's expense.
Carried Unanimously
Moved by Councillor Mona Patel
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council enter into an In -Camera session.
Carried Unanimously
8. REPORTS
At 6:03 PM, Councillors left Chambers to go into an In -Camera session.
8.1. MW -2023-27
Climate Change Adaptation Implementation Plan
Rena Viehbeck, from the ICLEI Canada Team, presented to Council and was
available, via Zoom, to respond to Council questions.
Direction to Staff: Councillor Lococo suggested that Municipal Works' staff
provide an annual report on Climate Change and also expressed her interest in
being a Champion on Council for the Climate Change Adaptation
Implementation Plan.
Moved by Councillor Lori Lococo
Seconded by Councillor Ruth -Ann Nieuwesteeg
1. THAT City of Niagara Falls Council approves the Climate Change
Adaptation Implementation Plan (Adaptation Plan); and further,
2. THAT City of Niagara Falls Council directs staff to proceed with the
implementation plan initiatives as outlined in this report; and further,
3. THAT City of Niagara Falls Council direct staff seek funding support
through applicable federal and provincial opportunities as they arise,
including the Natural Resources Canada Climate Change Adaptation
Program, to create a Climate Change Coordinator contract position to
lead the implementation of the Adaptation Plan and climate change -
related initiatives.
Carried Unanimously
8.2. PBD -2023-54
Community Improvement Plan Incentive Programs Review Initiation
Report
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Campbell
Page 5 of 12
1. THAT Council receive this report regarding the initiation of a review of
the Incentive Programs for the City's Community Improvement Plans.
2. THAT Council authorize staff to consult key stakeholders through the
incentives review process.
3. THAT Council direct Staff to delegate the approval authority for simple
grant CIP applications to Staff as discussed in this report.
Carried Unanimously
8.3. PBD -2023-55
2023 Provincial Planning Statement Natural Heritage Policies
Councillor Pietrangelo left the meeting as he had declared a conflict to this
report (PBD -2023-55).
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Campbell
THAT Council receive this report for information.
Carried (Councillor Lococo was opposed and Councillor Pietrangelo
declared a conflict).
8.4. PBD -2023-56
Quarter 2 Development and Housing Report and Provincial Reporting
Councillor Pietrangelo returned to Chambers at 7:47 PM.
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Campbell
1. THAT Council receive the Quarter 2 Development and Housing Report
that reviews the status of current development and housing activity in
the City for the second quarter of 2023.
2. THAT Council direct staff to forward the housing information to the
Province as required.
3. THAT Council direct staff to investigate solutions to our City's current
rodent issues.
Carried Unanimously
9. CONSENT AGENDA
9.1. F-2023-28
2022 (unaudited) Water/Wastewater Fund Budget to Actual Variance
report
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
Page 6 of 12
1. THAT Council RECEIVE report F-2023-28, 2022 (unaudited)
Water/Wastewater Fund Budget to Actual Variance report for
information.
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Proclamation Request - Wear Red Canada Day
Wear Red Canada is celebrated annually across Canada on February 13th to
raise awareness about women's cardiovascular health. Organized events held
across the country serve as a reminder for everyone, especially women, to be
mindful, curious and proactive in the management of their heart health and
wellness.
The Wear Red Canada team is requesting Council's assistance in proclaiming
Tuesday, February 13, 2024 as "Wear Red Canada Day" in Niagara Falls.
Recommendation: For the Approval of Council.
10.2. Flag -Raising Request - AIDS Awareness Week; World Aid's Day;
Aboriginal AIDS Awareness Week
Positive Living Niagara is requesting a flag raising on Thursday, November 23,
2023 in recognition of AIDS Awareness Week (Nov 23 - Dec 1), World AIDS
Day (Dec 1) and Aboriginal AIDS Awareness Week (Dec. 1-8).
Recommendation: For the Approval of Council.
10.3. Resolution - City of Thorold - Support of Keeping Paul Bernardo in
Maximum Security Placement
Attached is a resolution from the City of Thorold requesting support of Council.
Recommendation: That Council Support the resolution.
10.4. Flag -Raising Request - United Way
United Way Niagara is requesting raising the United Way flag in conjunction
with their annual fundraising campaign, during the week of September 25th.
Each year, United Way Niagara strive to raise millions of dollars to help
provide local families and individuals with a social safety net and we can't
accomplish our goals without the help of local municipalities like the City of
Niagara Falls.
Recommendation: For the Approval of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Campbell
THAT Council approve/support Item #10.1 through to Item #10.4.
Page 7 of 12
Carried Unanimously
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1. Resolution - Township of Emo - Black Ash Tree - Endangered Species
Classification
The Township of Emo has passed the attached resolution at the June 14, 2023
Council meeting regarding the Province of Ontario classification of the Black
Ash Tree being a species at risk.
Recommendation: For the Information of Council.
11.2. Resolution -Township of Severn -Climate Emergency Just Transition
Transfer
Attached is a resolution from the Township of Severn regarding the Just
Transition Transfer (JTT).
Recommendation: For the Information of Council.
11.3. Letter from the Honourable Steve Clark, Minister of Municipal Affairs and
Housing
Attached is a letter from the Minister of Municipal Affairs and Housing
regarding the new Building Faster Fund.
Recommendation: For the Information of Council.
11.4. Niagara Region Correspondence
Attached is correspondence sent from the the Niagara Region regarding the
following matters:
1. Niagara Region Report PDS 24-2023 - Approval of City of Niagara Falls
Official Plan Amendment No. 147 (Employment Policies)
2. Niagara Region Motion - Support for Association of Municipalities of Ontario
(AMO) Municipal Code of Conduct Recommendations
Recommendation: For the Information of Council.
11.5. Integrity Commissioner Report - Final Investigation Report - IC -25822-
0823
Attached is a letter and report from the Integrity Commissioner regarding IC -
25822 -0823 - Omnibus Complaint re: Various Members of Council.
Recommendation: For the Information of Council.
Joedy Burdett, resident of Niagara Falls, addressed Council.
Councillor Campbell inquired as to the cost of this Integrity Commissioner
Report - IC -25822-0823.
City Clerk, Bill Matson, informed Council that the cost was $15,407.55.
11.6. Comments from resident
Page 8 of 12
Moved by Councillor Wayne Thomson
Seconded by Councillor Mona Patel
THAT Council receive and file for information Item #11.1 though to and
including Item #11.6.
Carried Unanimously (Councillor Pietrangelo declared a conflict to Item
#11.4)
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Noise By-law Exemption - Niagara Falls Curling Club Inc. - Gale Centre
Arena Parking Lot
The Niagara Falls Curling Club is submitting an Application for Exemption -
Noise Control BV -law for the consideration of Council.
The Event/Entertainment Tent will host live entertainment in support of the
International Curling Event (Grand Slam of Curling) that is being hosted inside
the Gale Centre Arena from October 17-22, 2023.
Recommendation: THAT Niagara Falls Council grant the Niagara Falls Curling
Club relief to the City's Noise By-law to allow entertainment from 11:00 AM
until 12:30 AM on Thursday, October 19, 2023, Friday, October 20, 2023 and
Saturday, October 21, 2023.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Niagara Falls Council grant the Niagara Falls Curling Club relief to the
City's Noise By-law to allow entertainment from 11:00 AM until 12:30 AM on
Thursday, October 19, 2023, Friday, October 20, 2023 and Saturday, October
21, 2023.
Carried Unanimously
13. RESOLUTIONS
13.1. Resolution - AM -2021-010 - Minor Report Resolution
As per report PBD -2023-52 on the August 15th Council agenda, please see
attached the resolution to deem changes minor to permit a 10.9m exterior side
yard width along Montrose Road and to permit a 1.5 metre projection for
balconies and canopies into the required side yard. Council approved the
report on the August 15th agenda. This resolution was intended to be signed
after the approval of the report.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council
deems the change in the zoning by-law minor and exempts the requirement for
further written notice
Page 9 of 12
Carried Unanimously
14. RATIFICATION OF IN -CAMERA
Nothing to report or ratify.
15. MOTIONS
15.1. Motion -Amendment to Firework By-law
Councillor Patel asked Council to consider approving amendments to the
current Firework by-law.
It is recommended:
1. THAT staff be DIRECTED to amend By-law No. 2017-101 - Fireworks
By-law; to include Diwali and Chinese Lunar New Year.
2. THAT staff INCLUDE amendments to sections 5.4 and 6.1;
3. AND THAT staff REVIEW similar by-laws from other municipalities.
Joedy Burdett, resident of Niagara Falls, addressed Council proposing that
other holidays be included such as New Year's Eve and New Year's Day.
Moved by Councillor Mona Patel
Seconded by Councillor Mike Strange
THAT staff be DIRECTED to amend By-law No. 2017-101 - Fireworks By-law;
to include Diwali and Chinese Lunar New Year.
THAT staff INCLUDE amendments to sections 5.4 and 6.1;
AND THAT staff REVIEW similar by-laws from other municipalities.
Carried Unanimously (Councillor Pietrangelo was absent from the vote).
16. NOTICE OF MOTION/NEW BUSINESS
a) NOTICE OF MOTION - Public Safety - Welland River (Chippawa Creek)
Councillor Nieuwesteeg submitted the following notice of motion:
THAT staff bring a report back to Council to see how the City and other
appropriate agencies can improve public safety in the Welland River (aka- The
Chippawa Creek).
As there was a tragic death recently in the Welland River, a review of what the
City can do is an appropriate undertaking for Council and the City.
09 12 2023 - Councillor Nieuwesteeg - Public Safety - Welland River
b) Safety Committee
Direction to Staff: Councillor Lococo was looking for an update as to the status
of forming a safety committee.
C) Notice of Motion - PBD -2023-47
Page 10 of 12
Councillor Baldinelli requested that PBD -2023-47 (brought before Council at
the August 15, 2023 Council Meeting) be brought back before Council for
reconsideration.
17. BY-LAWS
2023- A by-law to provide for the adoption of Amendment No. 160 to the City of
088. Niagara Falls Official Plan (AM -2021-010).
2023- A by-law to amend By-law No. 79-200, to permit the use of the lands for a 13-
089. storey and 8 -storey apartment dwelling and 10 blocks of 3 storey townhouse
dwellings subject to the removal of a holding (H) symbol, and By-law No.
2007-062 is rescinded for the subject lands (AM -2021-010).
2023- A by-law to authorize the execution and registration of an Encroachment
090. Agreement with Vikrampal Singh Moomie and Baljit Kaur Moomie respecting
the partial dwelling, front step and covered front entrance porch at 5705
Buchanan Avenue.
2023- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
091. employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2023- A by-law to adopt, ratify and confirm the actions of City Council at its meeting
092. held on the 12th day of September, 2023.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT the by-laws be read a first, second and third time and passed.
Carried Unanimously
18. ADJOURNMENT
a) Adjournment
Moved by Councillor Wayne Campbell
Seconded by Councillor Mona Patel
THAT Council adjourn the meeting at 8:45 PM.
Carried Unanimously
zAk
ay!or-
City
Clerk
Page 11 of 12
Notice of Motion
am notifying Council of my intent to bring a
motion to the next Council meeting to request:
That staff bring a report to see how the City
and other appropriate agencies can improve
public safety in the Welland River AKA The
Chippewa Creek
As we know there was a tragic death recently in
the River and I believe a review of what the City
can do is appropriate undertaking for this
Council and the City.
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