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02/27/2024Niagara r ,Falls MINUTES City Council Meeting 4:00 PM - Tuesday, February 27, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, February 27, 2024, at 4:16 PM, in the Council Chambers, with the following members present: COUNCIL Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne PRESENT: Campbell, Councillor Ruth -Ann Nieuwesteeg, Councillor Mona Patel, Councillor Mike Strange, Councillor Wayne Thomson (present in Council Chambers) Councillor Lori Lococo (present virtually via Zoom) COUNCIL Councillor Victor Pietrangelo ABSENT: STAFF Jason Burgess, Bill Matson, Kira Dolch, James Dowling, Chief Jo PRESENT: Zambito, Erik Nickel, Nidhi Punyarthi, Trent Dark, Kathy Moldenhauer, Margaret Corbett (Present in Council Chambers) Kent Schachowskoj (present virtually via Zoom) 1. CALL TO ORDER PA 3 4 The meeting was called to order at 4:16 PM. ADOPTION OF MINUTES 2.1. Council Minutes of February 6, 2024 Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council approve the minutes of the February 6, 2024. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST a) Councillor Ruth Ann Nieuwesteeg declared a conflict of interest to Item #12.2 - Victoria Centre BIA Budget as she is the Councillor representative for the Victoria Centre BIA. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Marcel Pelletier, father of Cameron Pelletier of our Municipal Works Department. • George Kizlan, father of Steven Kizlan of our Municipal Works Department. • Christel Kubik, mother-in-law of Kellie Kubik of Fire Services. Page 1 of 14 Mayor Diodati mentioned the following announcements/events: Dr. Kenneth Walker / Dr. W. Gifford Jones Day • Tomorrow, Wednesday, February 28th marks the 100th birthday of Dr. Gifford Jones, aka Dr. Ken Walker (which is his given name) • Celebrated, long -loved newspaper columnist — boasted 7M readers • Lived and raised his family in Niagara Falls • City Council will remember that in 2022, we presented him with the Key to the City • Published 9 books • After he suffered a heart attached at the age of 74, famously started taking high doses of vitamin C and shared his health findings with the world • 1 would like to ask for a motion to make tomorrow Dr. W. Gifford Jones Day in Niagara Falls • Also —the falls will be illuminated in red, his favourite colour, in his honour tomorrow evening Opening of the NF Raquet Centre [photos shownl • Also attended by Councillors Strange, Patel, Nieuwesteeg and Thomson Grand Opening of the NF Exchange [photos shownl • Also attended by Councillors Thomson, Campbell, Nieuwesteeg, Patel, Lococo and Strange Rotary Trivia Night [photos shownl • Also attended by Councillors Patel and Strange Hustle for Healthcare Fundraising Gala [photos shownl • Also attended by Councillors Baldinelli, Strange and Patel Irish Festival Launch [photo shownl • Also attended by Councillor Patel Councillor Representation [photo shownl Councillor Patel Kosovo Flag Raising & attended by Councillor Thomson Business Happenings [photos for each shownl • Grand Opening Atwalz Hair Studio Inc. o No Councillors attended Grand Openina of Dosa Eatery and Shake Thera o Also attended by Councillors Patel & Niewesteeg UMOJA Black History Month Pop Up Market o Also attended by Councillor Patel 0 COMING UP: Solar Eclipse Events • Just announced today: Free Glorious Sons Concert with guests, New Friends, The Boneheads and Niagara Symphony Orchestra • Educational programming throughout the City and at Niagara Parks Page 2 of 14 • Guinness Book of World Record attempt — sun costumes Coming up: • Have a safe and enjoyable March Break o Monday, March 11 th- Friday, March 15th Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Wayne Campbell THAT Council declare Wednesday, February 28,2024 as "Dr. W. Gifford Jones Day" in Niagara Falls. Carried Unanimously b) The next Council meetings are as follows: • Tuesday, March 5th at 4:30 PM - Special Council Meeting to discuss the Official Plan. • Tuesday, March 19th at 4:00 PM - regular City Council Meeting. 5. DEPUTATIONS / PRESENTATIONS 5.1. 2024 Development Charges Study: Draft DC Rates Jackie Hall, Project Manager, Hemson Consulting Ltd., provided a presentation to Council regarding the 2024 Development Charges Study. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council receive the presentation made by Jackie Hall, Project Manager, Hemson Consulting Ltd., regarding the 2024 Development Charges Study. Carried Unanimously 5.2. F-2024-11 Development Charges - Draft Rates and Capital Program Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli THAT Council RECEIVE report F-2024-11 Development Charges — Draft Rates and Capital Program and accompanying Attachments 1-4. 2. THAT Council ENDORSE the draft population and employment forecasts for the purposes of informing the capital programs and development charges rate calculation as outlined in Attachment 3; 3. THAT the list of draft projects eligible for development charges funding provided in Attachment 4, BE ENDORSED to be used as input into the 2024 Development Charges Background Study, subject to amendments as part of the ongoing public consultation and staff reviews; 4. THAT staff BE DIRECTED to bring forward an Industrial DC Grant Program and Community Improvement Plan (CIP) Policies for Page 3 of 14 consideration as part of the adoption of the 2024 DC By-law; 5. THAT staff BE DIRECTED to publicly release the draft by-law and Development Charges Background Study, no later than March 29, 2024, to ensure it is released a minimum of 60 days prior to the anticipated DC By -Law passage. Carried Unanimously 5.3. BMA Management Consulting - Water and Wastewater Long -Range Financial Plan Jim Bruzzese from BMA Management Consulting Inc., provided Council with a presentation pertaining to the City of Niagara Falls' Water and Wastewater Long -Range Financial Plan. RECOMMENDATION: THAT Council APPROVE the financial plan, as outlined in the BMA Management Consulting Inc. Water and Wastewater Long -Range Financial Plan presentation and associated Report. Moved by Councillor Mona Patel Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council APPROVE the financial plan, as outlined in the BMA Management Consulting Inc. Water and Wastewater Long -Range Financial Plan presentation and associated Report. Carried Unanimously 5.4. Niagara Region - Niagara Falls Non -Profit Housing - Presentation The Niagara Falls Non -Profit Housing (NFNP) is an organization undertaking the planning of new 100 unit affordable housing development on McLeod Road. The NFNP is requesting to present at City Council in order to request planning fee waivers, expedited approvals and general project support. Gord Szaszi, Project Manager Housing Development at the Niagara Region, along with John Potts, Board Director of NFNP made a presentation before Council. Councillor Nieuwesteeg left the meeting at 6:46 PM and returned at 6:52 PM. Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson THAT Council receive the presentation made by Gord Szaszi and John Potts from the Niagara Falls Non -Profit Housing organization; AND FURTHERMORE, THAT Council direct the Mayor's office to send a city letter of support to bolster our future funding applications as support from multiple levels of government is critical for major funding applications. Carried Unanimously (Councillor Nieuwesteeg was absent from the vote). Page 4 of 14 6. PLANNING MATTERS 6.1. PBD-2024-03 AM-2023-022, Official Plan & Zoning By-law Amendment Application 8885-8911 Lundy's Lane Applicant: M5V The Lundy Inc. (Sherard McQueen) Agent: NPG Planning Solutions (Mary -Lou Tanner) The Public meeting commenced at 6:49 PM. Alexa Cooper, Planner 2, provided an overview of Report PBD-2024-03. Steven Rivers, Consultant South Coast Consulting, of 189 Clare Avenue in Port Colborne, spoke in opposition of the application citing concerns regarding the uses for the land. The property is designated as Tourist Commercial. Dr. David Muller, Owner of Garlund Properties, of 5855 Garner Road (BV Glazing Systems), spoke supporting industrial builds in the city but spoke in opposition of the application. Dr. Muller cited concerns over building a residential development beside this industrial building. Rocky Vacca, Solicitor, along with Mary Lou Tanner, agent from NPG Planning and Slavi Grozev (noise and vibration expert from RWDI), presented to Council supporting the application. The Public meeting closed at 7:52 PM. Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson 1. THAT Council approve the Official Plan and Zoning By-law amendment as detailed in this report to permit a 10 storey mixed -use building with 1,330 square metres of commercial space and 192 residential dwelling units, subject to the regulations outlined in this report. 2. THAT the amending zoning by-law include a Holding (H) provision to require an updated Wind Study, an updated noise study that analyzes the revised proposal, implement archaeological warning clauses, implement air quality mitigation measures and required warning clauses, implement warning clauses about adjacent campground activities, implements a warning clause regarding the adjacent industrial use, and a rooftop feature/detailing that is distinctive but complementary to the style of the building. 3. THAT the amending zoning by-law include a sunset clause to require the execution of a site plan agreement on title within 3 years of the passing of the zoning by-law. Carried (Councillor Patel and Councillor Baldinelli opposed the vote). 6.2. PBD-2024-04 Page 5 of 14 AM-2023-027 Zoning By-law Amendment Application Southwest corner of Mountain Road and St. Paul Avenue Applicant: Mountainview DAC Inc. (Matt Vartanian) Agent: Upper Canada Consultants (William Heikoop) Alexa Cooper, Planner 2, provided an overview of Report PBD-2024-04. A memo from the Planning Department was provided to Council regarding this report. There was an oversight made by Staff and as such, the posted notice sign was not updated with the time, date and location of the February 27, 2024 Public Meeting. This means the minimum notice requirements under the Planning Act were not met. Staff recommendation changed to the following: THAT application AM-2023-027 be deferred until such a time that the minimum notice requirements required under Section 34 (13) of the Planning Act. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Report PBD-2024-04, AM-2023-027 be deferred until the Council meeting of March 19, 2024. Carried Unanimously 6.3. PBD-2024-05 (DEFERRED TO LATER DATE) AM-2022-024 & 26T-11-2022-001 — Official Plan Amendment, Zoning By- law Amendment & Draft Plan of Subdivision Oakwood Drive Proposal: To facilitate the development of 255 townhouse Dwellings and up to 46 additional dwelling units. Applicant: Branthaven Belmont Oakwood Inc. Agent: Zelinka Priamo Ltd. (Robert MacFarlane / Azar Davis 7. IN CAMERA SESSION OF COUNCIL 7.1. In -Camera Resolution Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council enter into an In -Camera session. Carried Unanimously (Councillor Patel was absent from vote). 7.2. In -Camera Resolution - March 5, 2024 & May 14, 2024 Council entered into the In -Camera session at 8:02 PM. Page 6 of 14 Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council enter into an In -Camera session on March 5, 2024 and May 14, 2024. Carried Unanimously (Councillor Patel was absent from the vote). 8. REPORTS Councillor Wayne Campbell left the meeting at 9:45 PM (upon the completion of the In -Camera meeting). Open Council meeting resumed at 9:53 PM (upon completion of the In -Camera meeting). 8.1. MW-2024-09 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) Contract Award 2024-594-23 Moved by Councillor Wayne Thomson Seconded by Councillor Tony Baldinelli 1. THAT Council award the 2024-594-23 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) to the lowest compliant bidder, Baiocco Construction Corp. in the amount of $3,824,087.97 plus applicable HST. 2. THAT Council approve a 2024 capital budget amendment for this project (Main St Chippawa Rd Reconstruction and Sewer R125-20) with the additional amount of $1,100,000.00 to be funded as follows: $608,800 from OCIF and $491,200 from Capital Special Purpose Reserves. 3. THAT the Mayor and Clerk be authorized to execute the necessary agreements. Carried Unanimously 8.2. MW-2024-10 South Chippawa Infrastructure Improvements — Cost Sharing Moved by Councillor Mike Strange Seconded by Councillor Ruth -Ann Nieuwesteeg 1. THAT Staff be directed to enter a cost sharing agreement for upsizing of local sanitary sewer and watermain along Sodom Road and a sanitary sewer within the Chippawa East Development. 2. THAT the Mayor and City Clerk be authorized to execute all necessary Development Agreements and/or Cost sharing Agreements. 3. THAT Council approve a 2024 Capital Budget Amendment in the amount of $1,031,867, inclusive of non -recoverable HST, funded from Development Charges. Carried (Councillor Lococo was opposed to the vote). 8.3 CAO-2024-03 Page 7 of 14 Fire Communications Consolidation Justin Canestraro, NFPFFA President, addressed Council. He is looking to Council to continue to support their core values of public safety and vote unanimously no to removing the Communications Centre from the City of Niagara Falls. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council DIRECT staff to maintain current operations of fire dispatch for the City of Niagara Falls. Ayes: Mayor Jim Diodati, Councillor Lori Lococo, Councillor Mona Patel, Councillor Mike Strange, Councillor Ruth -Ann Nieuwesteeg, Councillor Tony Baldinelli, and Councillor Wayne Thomson Carried Unanimously (Councillor Campbell was absent from vote). 7-0 on a recorded vote Moved by Councillor Tony Baldinelli Seconded by Councillor Mona Patel THAT Council direct the Fire Department to look for cost -saving measures for future savings and to direct all departments to abide by this same commitment to find ways to reduce costs. Ayes: Mayor Jim Diodati, Councillor Lori Lococo, Councillor Mona Patel, Councillor Mike Strange, Councillor Ruth -Ann Nieuwesteeg, and Councillor Tony Baldinelli Nays: Councillor Wayne Thomson CARRIED (Councillor Campbell was absent from the vote). 6-1 on a recorded vote Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli THAT Council approve extending the curfew past 10:00 PM. Carried Unanimously (Councillor Campbell was absent from vote). 9. CONSENT AGENDA 9.1. MW-2024-05 Centre Street — Temporary Patio Pilot Study Update Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Staff Report MW-2024-05, Centre Street — Temporary Patio Pilot Study Update, be received as information; Page 8 of 14 AND THAT Council support the discontinuation of the Temporary Patio Pilot Study on Centre Street between Victoria Avenue and Ellen Avenue; AND THAT Council direct staff to include considerations and opportunities to incorporate market zones, sidewalk cafes/patios, and pedestrian only streets/promenades on Centre Street and the surrounding area during future streetscaping project(s); and AND THAT Council direct staff to engage with the various stakeholders during the design consultation process for the future streetscaping project(s). Carried Unanimously (Councillor Campbell was absent from vote). 9.2. MW-2024-06 Single Source Standardization - Parking Pay and Display Machines Purchases Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Staff Report MW-2024-06, Single Source Standardization — Parking Pay and Display Machines Purchases be received as information; AND THAT Council approve the single source standardization for pay and display parking machines from March 1, 2024 for an initial three (3) year period with the option in favour of the City to extend the standardization for two (2) additional one (1) year periods. AND THAT Council approves Cale Systems (Precise ParkLink) as the single source supplier of pay and display parking machines in accordance with Section 18 of the City's Procurement By -Law No. 2021-04; AND THAT Council approve the 2024 purchase of eleven (11) parking pay and display machines from Cale Systems (Precise ParkLink) at an estimated cost of $98,854.00 ($8,985 per unit). Carried Unanimously (Councillor Campbell was absent from vote). 9.3. MW-2024-07 Chippawa Parkway Speed Control Follow-up Review Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel That report MW-2024-07 Regarding Chippawa Parkway Speed Control Follow - Up be received for information. Carried Unanimously (Councillor Campbell was absent from vote). 9.4. MW-2024-08 Rural Road Speed Limit Reviews: South of Chippawa Creek Road and West of Montrose Road Moved by Councillor Wayne Thomson Page 9 of 14 Seconded by Councillor Mona Patel That the speed limit on Carl Road between Montrose Road and the City's west limit be reduced from 70 km/h to 60 km/h; That the speed limit on Crowland Avenue between Lyons Creek Road and Netherby Road be reduced from 70 km/h to 60 km/h; That the speed limit on Lincoln Street between Crowland Avenue and the City's west limit be reduced from 70 km/h to 60 km/h; and, That the speed limit on Lyons Creek Road between Schisler Road and the terminus west of Morris Road be increased from 50 km/h to 60 km/h; That the speed limit on King Road between Bossert Road and North Limit be reduced from 70 km/h to 60 km/h; That the speed limit on Bossert Road between Bossert Service Road and King Road be reduced from 70 km/h to 60 km/h; and, That the speed limit on Bossert Service Road between Ort Road and Bossert Road be reduced from 70 km/h to 60 km/h. Carried Unanimously (Councillor Campbell was absent from vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Flag -Raising Request- Polish Constitution Day -Friday, May 3, 2024. Attached is a request for Council to approve a flag -raising ceremony at Rosberg's Park at 2:00 PM on Friday, May 3, 2024 to recognize this year's "Polish Constitution Day." Recommendation: For the Approval of Council. 10.2. Proclamation Request - Jewish Heritage Month 2024 The Director of Government Relations, of B'Nai Brith National Organization of Canada, is requesting the City of Niagara Falls Council adopt a motion to recognize May 2024 as "Jewish Heritage Month 2024," and that the City provides a video statement about the month. Recommendation: For Council's support and approval. 10.3. Proclamation Request - Knights of Columbus Week Attached is a request for Council to proclaim April 21, 2024 through April 28, 2024 as "Knights of Columbus Week" in Niagara Falls. Recommendation: For the Approval of Council. 10.4. Proclamation Request - World Autism Day Autism Ontario is requesting Council to purchase a flag for the "Fly the Flag" campaign and to formally proclaim Tuesday, April 2, 2024 as "World Autism Awareness Day" to show autism support. Page 10 of 14 Recommendation: For the Approval of Council. 10.5. Proclamation Request - Apraxia Awareness Day Attached is a letter requesting Council to proclaim Tuesday, May 14, 2024 as "Apraxia Awareness Day." Recommendation: For the Approval of Council. 10.6. Flag -Raising Request - Italian Heritage Month On behalf of the National Congress Italia Canada, the Niagara Peninsula District is requesting Council to approve a flag -raising ceremony on Friday, June 7, 2024 at 12.00 PM to celebrate the 14th year of Italian Heritage Month. Recommendation: For the Approval of Council. 10.7. Flag -Raising Request - Children's Mental Health Awareness Week Attached is a request for Council to approve a flag -raising request to support the celebration of the week of May 6 - 11, 2024 as "Children's Mental Health Awareness Week." Recommendation: For the Approval of Council. Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli THAT Council approve Item #10.1 through to and including Item #10.7. Carried Unanimously (Councillor Campbell was absent from vote). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Town of Grimsby - Advocacy of Mental Health and Addictions Attached is a resolution that the Council of the Corporation of the Town of Grimsby passed at its meeting held on February 5, 2024 regarding the Advocacy of Mental Health and Addictions Recommendation: For the Information of Council. 11.2. Motion to Convene Second National Summit to Combat Antisemitism On behalf of a human rights advocate, the attached letter includes a sample motion calling for a national summit on combating anti-Semitism. Recommendation: For the Information of Council. 11.3. Comments from Resident Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council receive and file for information Item #11.1 through to and including Item #11.3. Page 11 of 14 Carried Unanimously (Councillor Campbell was absent from vote). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Fallsview BIA - 2024 Proposed Budget Attached is the Fallsview BIA's 2024 proposed budget for Council's approval. Recommendation: THAT Council approve the Fallsview BIA proposed budget for 2024. Moved by Councillor Mona Patel Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council approve the Fallsview BIA proposed budget for 2024. Carried Unanimously (Councillor Campbell was absent from the vote). 12.2. Victoria Centre BIA - 2024 Budget (Updated) Attached is the Victoria Centre BIA (BCBIA) 2024 budget as recently passed by the Board of Directors. Recommendation: THAT Council approve the Victoria Centre BIA budget for 2024. The letter that was attached to the agenda reflected 2022 in error. Should be 2024. Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council approve the Victoria Centre BIA budget for 2024. Carried Unanimously (Councillor Nieuwesteeg declared a conflict). 13. RATIFICATION OF IN -CAMERA a) Ratification of In -Camera Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli THAT Council APPROVE the potential sale of land, located at 4200 Queen Street, Niagara Falls. Carried (Councillor Lococo was opposed to vote and Councillor Campbell was absent from vote). 14. MOTION 14.1. At the Council Meeting of February 6, 2024, Councillor Nieuwesteeg brought forward the following motion: Motion: THAT the region be asked to consider amending by-law 96-2006, a by-law to Page 12 of 14 establish criteria for applications for tax deferrals by low-income seniors and low-income disabled persons to remove the $200 threshold as identified in definition of "eligible deferral amount" and throughout the by-law. Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Mona Patel THAT the Region be asked to consider amending by-law 96-2006, a by-law to establish criteria for applications for tax deferrals by low-income seniors and low-income disabled persons to remove the $200 threshold as identified in definition of "eligible deferral amount" and throughout the by-law. Carried Unanimously (Councillor Campbell was absent from the vote). 15. NOTICE OF MOTION/NEW BUSINESS a) Councillor Patel mentioned an upcoming public event, "Why DEI (Diversity Equity and Inclusion) Matters - One Community, Many Perspectives - held on Monday, March 4th from 1-4 PM and the Niagara Falls Exchange. This free event is hosted by the Diversity Equity and Inclusion Advisory Commitee. b) Notice of Motion - City's Strategic Priorities Review Councillor Lococo brought forth the following notice of motion: Notice of Motion: THAT Council review our Strategic Plan and Master Plans in order to find cost savings. 16. BY-LAWS 2024- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and 022. traffic on City Roads. (Speed Limits on Highways, Through Highways, Stop Signs at Intersections) 2024- A by-law to amend By-law No. 2014-65 being a by-law to establish a System of 023. Administrative Penalties respecting the stopping, standing, or parking of vehicles in the City of Niagara Falls. 2024- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 024. employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2024- A by-law to adopt, ratify and confirm the actions of the City Council at its 025. meeting held on the 27th of February, 2024. Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Campbell was absent) Page 13 of 14 17. ADJOURNMENT a) Adjournment Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council adjourn the meeting at 11:37 PM. Carried Unanimously (Councillor Campbell was absent) City Clerk Page 14 of 14