05/28/2024a Niagra
lls
MINUTES
City Council Meeting
4:00 PM - Tuesday, May 28th, 2024
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, May 28,
2024, at 4:05 PM, in the Council Chambers, with the following members present:
Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo,
COUNCIL Councillor Ruth -Ann Nieuwesteeg, Councillor Mona Patel, Councillor
PRESENT: Victor Pietrangelo, Councillor Wayne Thomson (attended in Chambers)
Councillor Wayne Campbell and Councillor Mike Strange attended
meeting via Zoom.
STAFF Jason Burgess, Bill Matson, Erik Nickel, Tiffany Clark, Scott Lawson,
PRESENT: Nidhi Punyarthi, Kathy Moldenhauer, Kira Dolch, Shelley Darlington,
Signe Hanson, Serge Felicetti, Margaret Corbett, Heather Ruzylo, James
Dowling (arrived at 8:01 PM).
Trent Dark (attended via Zoom)
1. CALL TO ORDER
The Council Meeting was called to order at 4:05 PM.
2. ADOPTION OF MINUTES
2.1. Council Minutes of April 30, 2024
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT Council APPROVE the minutes of the April 30, 2024 meeting as
presented.
Carried Unanimously (Councillor Campbell and Councillor Strange were
absent).
3. DISCLOSURES OF PECUNIARY INTEREST
None to report.
4. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to the following:
• William Moyer, father of Vince Myer of Fire Services.
• Christopher Klauck, stepson of Mark Dunseith of Fire Services.
• Deborah loannoni, wife of Carm loannoni of Human Resources.
• Trudy Fansolato, mother of Wayne Fansolato, who retired from Fire
Services.
b) Mayor Diodati mentioned the following City events:
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International Law Enforcement Tug -of -War
International Cricket Council T20 World Cup Trophy Tour
• Also attended by Councillor Patel
Mass Niagara Jersey Unveiling
• Also attended by Councillor Patel
My Mulan Media Event
• Also attended by Councillor Patel and Baldinelli
Asahi Kasei Site Location Announcement
Fiii Delegation fphotol
Citizenship Ceremony fphotol
Opening of the Niagara Falls Farmer's Market at the Exchange
• Also attended by Councillors Thomson, Patel,
25th Anniversary of Father Gerard's Ordination
Groundbreaking on new Catholic Elementary School
Municipal Works BBQ — National Public Works Week
• Honouring all of our public works employees (Mayl9-25)
Councillor Representation
Councillor Patel
• Grand Opening Chrispy
African Market
• Family and Children's Services
Lemon Twist Event
Councillor Lococo
• Niagara's Accessibility
Advisory Committee Spring
Workshop
• V sh vanka Da
Councillor Strange
• Signature Living wishes
granted for residents
• On the Road 4 Mental Health
Walk Kickoff
Councillor Pietrangelo
• (attended with Councillor
Strange) On the Road 4 Mental
Health Walk Kickoff
Business Happenings (photos shown for each)
• Essa's Barber Shop Grand Opening
• Niagara Pre -Owned Grand Opening
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• Icon Autographs Grand Opening
• JULE Level 3 Chargers Grand Opening
• Grand Re -Opening of Domino's
• Sun-Cor Unlimited Grand Opening
Flag Raisings (photos for eachl
• Polish Constitution Day
• Children's Mental Health Awareness Week
• Haitian Day
c) The next Council meeting is scheduled for Tuesday, June 18, 2024.
5. DEPUTATIONS / PRESENTATIONS
5.1. Music City Presentation
Shain Shapiro, CEO of Sound Diplomacy, delivered a presentation to Council.
In December 2022, the City of Niagara Falls began work with Sound Diplomacy
to develop a Music City Strategy, made possible by a funding contribution from
the Federal Economic Development Agency for Southern Ontario (Feddev).
The Music City Strategy is an effort to diversify Nagara Falls' booming tourism
sector, develop the local music ecosystem, and build Niagara Falls' identity as
the entertainment capital of Canada.
5.2. BDD-2024-02
Niagara Falls Music City Strategy
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mona Patel
THAT Council APPROVE the Niagara Falls Music City Strategy and that Staff
be directed to report back semi-annually to review the Music City Strategy.
Carried Unanimously (Councillor Campbell and Councillor Strange were
absent from the vote).
5.3. Civic Recognition - Saint Paul Catholic High School Cheerleading Team
The Saint Paul Varsity Cheerleading Team has had a successful season with a
back to back win at the OFSAA South Regional Championships.
Sheila DeLuca and Natasha Fortuna, coaches of the team, recognized the
efforts and accomplishments of the cheerleading team.
5.4. Niagara Falls Recreation Committee
The Recreation Committee is hosting a Golf Tournament on Saturday, June
22, 2024 and delivered a brief presentation before Council. The Golf
Tournament is a fundraiser for the City's Activity Subsidy Fund, which provides
financial assistance to individuals requiring community recreation activities.
Registration for the tournament is now open and limited sponsorship
opportunities are available.
Sheila DeLuca and Terry Thomson, from the Recreation Committee provided
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a brief presentation.
Moved by Councillor Tony Baldinelli
Seconded by Councillor Wayne Thomson
THAT Council RECEIVE the presentation made by Sheila DeLuca and Terry
Thomson from the Recreation Committee and to PROMOTE the Golf
Tournament to be held on Saturday, June 22, 2024 through the City's social
media channels.
Carried Unanimously (Councillor Campbell and Councillor Strange were
absent from the vote).
5.5. Allister Young Arts & Culture Endowment Fund 2024 Recipient
Council acknowledged Lindsay -Ann Chilcott as the 2024 Allister Young Arts &
Culture Endowment Fund recipient. Clark Bernat, Senior Manager of Culture,
presented Lindsay with the award. The Allister Young Arts & Culture
Endowment Fund is awarded annually to one Niagara Falls resident active in
any creative arts field.
5.6. R&C-2024-07
Allister Young Arts & Culture Endowment Fund 2024 Recipient
Councillor Mike Strange joined the meeting via Zoom at 5:28 PM.
5.7. Final Asset Management Plan - Non -Core Assets
Elaine Chang from SLBC Inc., joined Municipal Works staff and delivered a
presentation to Council.
Council approved the 2024 Asset Management Plan for Non -Core Assets,
which describes the actions required to manage the City's non -core
infrastructure assets to meet service levels while managing risks and costs.
The plan was developed based on feedback from the review of the draft AM
Plan and a more in-depth lifecycle and financial analysis.
5.8. MW-2024-26
Final Asset Management Plan - Non -Core Assets
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
1. That Council APPROVE the City's Asset Management Plan for Non -
Core Assets prepared in accordance with Ontario Regulation 588/17;
2. That Council DIRECT Staff to make the Plan publicly available on the
City's website before the July 01, 2024 deadline;
3. That Council DIRECT Staff to submitthe Plan to the Ministry of Municipal
Affairs and Housing before the July 01, 2024 deadline; and,
4. That Council DIRECT Staff to incorporate recommendations of the
Asset Management Plan including the financing strategy, development
of a 10-year capital budget, utilization of risk -based prioritization, and
increase of asset condition knowledge into the 2025 Budget process.
Carried Unanimously (Councillor Campbell and Councillor Strange were
absent from the vote).
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6. IN CAMERA SESSION OF COUNCIL
6.1. In -Camera Resolution
Councillor Campbell left the meeting at 6:25 PM.
Moved by Councillor Lori Lococo
Seconded by Councillor Tony Baldinelli
THAT Council enter into an In -Camera meeting at 6:25 PM.
Carried Unanimously (Councillor Wayne Campbell and Councillor
Strange was absent from vote).
7. PLANNING MATTERS
Open Council meeting resumed at 8:01 PM after having been in closed meeting.
7.1. PBD-2024-19
AM-2021-016 & AM-2022-015, Official Plan Amendment & Zoning By-law
Amendment Applications
9015 & 8970 Stanley Avenue, Lands to the East and West of 8970 Stanley
Avenue, and Lands on the South Side of Lyons Creek Road, East of
Stanley Avenue
Applicant: 2610823 Ontario Inc. (Angelo Butera)
Agent: Upper Canada Consultants
The Public Meeting commenced at 8:01 PM.
Mackenzie Ceci, Senior Planner (Current Development), provided an overview
of Report PBD-2024-19.
The following residents spoke citing environmental and wildlife habitat
protection concerns:
• Sarah Ward, of 9545 Stanley Avenue.
• Cathy Blott, of Resident Habitat Design & Stewardship, from Cayuga,
made a presentation before Council.
• Anne Yagi, President of 8 Trees Inc., of 11 Birkwood Place, Fonthill.
• Dr. John Bacher, of 134 Church Street, St. Catharines.
• John Morocco, of 4739 Lyons Parkway, addressed Council supporting
the process that Staff is following pertaining to this application.
• Marie Nobes, 4667 Lyons Parkway - against zoning changes and cited
traffic concerns.
• Leslie Laan, of 5525 Reixinger Road, urged Council to deny or defer this
application.
• Jeffrey Dreben, of 7047 Reixinger Road and 5789 Lyons Creek Road,
owns adjoining property and the application will impact his lands.
The Public Meeting closed at 9:04 PM.
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Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
1. THAT Council DEFER the consideration of Report No. PBD-2024-019
until more fulsome information about the proposal, requested by staff,
has been received.
Carried (Councillor Lococo and Councillor Nieuwesteeg were opposed
and Councillor Strange and Councillor Campbell were absent).
7.2. PBD-2024-05
AM-2022-024 & 26T-1 1 -2022-001 — Official Plan Amendment, Zoning By-
law Amendment & Draft Plan of Subdivision
Oakwood Drive, south of McLeod Road, east of the Queen Elizabeth Way,
and west of the Hydro Canal (PID 5788)
Proposal: To facilitate the development of 255 townhouse
dwellings and up to 46 Additional Dwelling Units (ADUs).
Applicant: Branthaven Belmont Oakwood Inc.
Agent: Zelinka Priamo Ltd. (Robert MacFarlane / Azar Davis)
The Public Meeting commenced at 9:09 PM.
Mackenzie Ceci, Senior Planner (Current Development), provided an overview
of Report PBD-2024-05.
Councillor Pietrangelo left meeting at 9:10 PM and returned at 9:11 PM.
John Beam, of 8891 Montrose Road, addressed Council citing traffic concerns
in this area.
The Public Meeting closed at 9:45 PM.
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
1. THAT Council APPROVE the Official Plan Amendment and Zoning By-
law Amendment to facilitate the development of 255 townhouse
dwellings and up to 46 Additional Dwelling Units (ADUs), subject to the
regulations and modifications outlined in this Report.
2. THAT the amending by-law INCLUDE a Holding (H) provision to require
the submission of an updated Phase One Environmental Site
Assessment and Letter of Reliance, and an updated Noise Impact
Assessment.
3. THAT the Draft Plan of Subdivision be APPROVED, subject to the
conditions contained in Appendix A.
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4. THAT the Mayor or designate be AUTHORIZED to sign the Draft Plan of
Subdivision 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 Plan approval be GIVEN for three years, after which
approval will lapse unless an extension is requested by the
Owner/Developer and granted by Council.
6. THAT the Mayor and City Clerk be AUTHORIZED to execute the
Subdivision Agreement and any required documents to allow for the
future registration of the Subdivision when all matters are addressed to
the satisfaction of the City Solicitor.
Carried (Councillor Lococo , Councillor Nieuwesteeg and Councillor Patel
were opposed and Councillor Campbell was absent).
7.3. PBD-2024-18
AM-2023-034, Official Plan & Zoning By-law Amendment
7301 Lundy's Lane
Proposal: To increase the maximum density and rezone the subject lands
to a site -specific TC Zone to facilitate the development of 68 stacked
townhouse dwellings and 4 commercial units fronting onto Lundy's Lane
Applicant: Lifestyle on Lundys Inc. (Rohit Parmar)
Agent: RPD Studio (Raj Patel)
The Public Meeting commenced at 9:49 PM.
Mackenzie Ceci, Senior Planner (Current Development), provided an overview
of Report PBD-2024-18.
Raj Patel (Agent) from RPD Studio and Rob Russell, from Russell Planning
and acting as agent, spoke in support of the application.
The Public Meeting closed at 10:24 PM.
Moved by Councillor Lori Lococo
Seconded by Councillor Mona Patel
THAT Council extend the curfew of the Council meeting beyond 10:00 PM.
Carried (Councillor Strange was absent from the vote).
Moved by Councillor Mona Patel
Seconded by Councillor Wayne Thomson
1. THAT Council APPROVE the Official Plan Amendment and Zoning By-
law Amendment to facilitate the development of 68 stacked townhouse
dwellings and 4 commercial units, subject to the regulations detailed in
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this Report.
2. THAT the amending by-law INCLUDE a Holding (H) provision to require
the completion of an updated Phase 1 Environmental Site Assessment
(and any subsequent assessments), the filing of a Record of Site
Condition, the inclusion of warning clauses with respect to noise and
archaeological resources, and the implementation of various noise
mitigation measures through any future Site Plan and/or Condominium
Agreements.
3. THAT the amending by-law INCLUDE a sunset clause to require the
execution of a Site Plan Agreement or the receipt of Draft Plan of
Condominium approval within three years of the amending by-law
coming into effect, with the possibility of a one-year extension at the
discretion of the General Manager of Planning, Building and
Development.
Carried (Councillor Baldinelli was opposed and Councillor Strange and
Councillor Campbell was absent from the vote).
8. REPORTS
8.1. F-2024-21
2024 Development Charge By -Law Adoption
Development charges (DCs) are fees on new developments that fund growth -
related costs to a municipality. They are governed by the Development
Charges Act, 1997. The Development Charges Background Study relates to
the provision of eligible DC Services, which include roads, water, storm and
sewer infrastructure, parks and recreation, libraries, fire services, etc.
Craig Binning and Danielle Tivoli, of Hemson Consulting Inc., were available
virtually to answer questions of Council, if needed.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
1. THAT Council DIRECT that no further public meeting under Section 12
of the Development Charges Act, 1997, S.O. 1997, c. 27 is necessary
with respect to the Development Charges Background Study dated
March 28, 2024, as amended (the "Study") or the proposed
Development Charge By-laws after having considered the submissions
received at the public meeting held on April 30, 2024 in connection with
the Study and taking into consideration any changes made to the
proposed Development Charge By-laws following the said public
meeting;
2. THAT Council APPROVE the increase in the need for services
attributable to the anticipated growth and development as contemplated
in the Study including any capital costs, which will be met by updating
the capital budget and forecast for the City of Niagara Falls, where
appropriate, through the City's normal capital budget process;
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3. THAT Council ADOPT the growth -related capital program, as outlined in
the Study as amended, which signifies Council's intention to ensure that
the increase in services attributed to growth, as contained in the Study
forecast, may be revised from time to time at Council's discretion;
4. THAT Council DIRECT that the future excess capacity identified in the
Study shall be paid for by the development charges contemplated in
said Study, or other similar charges;
5. THAT Council APPROVE the Study (as amended) and proposed rate
structure in the By-laws included in tonight's agenda;
6. THAT Council CONSIDER passing the 2024 Development Charges By -
Laws on today's agenda, with an effective date of July 8, 2024;
7. THAT Council REVIEW the draft Industrial Development Charges Grant
Program Policy in Attachment 1 and DIRECT staff to bring forward a
final policy for approval at the June 18, 2024 Council Meeting;
8. THAT Council REVIEW the draft Community Improvement Plan (CIP)
area Grant Program Policy in Attachment 2 and DIRECT staff to bring
forward a final policy for approval at the June 18, 2024 Council Meeting;
9. THAT Council DIRECT staff to consider including a formal Development
Charges Grant Program for the Lundy's Lane Community Improvement
Plan as part of the CIP updates in 2024, previously identified in the CIP
as a future consideration in the next DC By -Law update;
10.THAT Council RECEIVE the formal responses provided for all written
submissions received, as outlined in Attachment 3, related to the 2024
Development Charges By -Law.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.2. MW-2024-21
NS&T Trail Phase 1 Construction
Councillor Nieuwesteeg left Chambers at 11:17 PM and returned at 11:22 PM.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
1. THAT Council APPROVE a capital budget amendment in the amount of
$1,900,000 funded by Development Charge and Capital Reserves.
2. THAT staff be DIRECTED to proceed with tendering and construction of
the NS&T Trail in accordance with the City of Niagara Falls Purchasing
By-law.
Carried (Councillor Lococo was opposed and Councillor Campbell was
absent and Councillor Nieuwesteeg was absent).
8.3. PBD-2024-21
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2024 Quarter 1 Housing and Growth Monitoring Report
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
1. THAT Council RECEIVE the Quarter 1 Development and Housing
Status Report that reviews the status of current development and
housing activity in the City of Niagara Falls for the first quarter of 2024.
2. THAT Council DIRECT staff to forward the housing information to the
Province as required.
Carried Unanimously (Councillors Campbell and Nieuwesteeg were
absent)
8.4. PBD-2024-20
Bill 185 and the 2024 Provincial Planning Statement (PPS)
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
1. THAT Council RECEIVE PBD-2024-20 for information.
2. THAT Council DIRECT staff to forward PBD-2024- 20 to the Minister of
Municipal Affairs and Housing as the City's formal response to the proposed
Bill 185 and the 2024 Provincial Planning Statement.
Carried Unanimously (Councillor Strange and Councillor Campbell were
absent from the vote).
8.5 R&C-2024-08
Tennis Clubs of Canada Year -Round Dome Proposal
Adam Seigel from Tennis Clubs of Canada, was available (virtually) to speak to this
report and answered questions of Council.
Councillor Strange returned to the meeting (via Zoom) at 11:37 PM.
Councillor Pietrangelo left Chambers at 11:41 PM and returned at 11:47 PM.
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Tony Baldinelli
THAT Council AUTHORIZE the Mayor and City Clerk to execute the revised
license agreement with the Tennis Clubs of Canada to permit year-round indoor
tennis and pickleball for one year at John N. Allan Park.
2. THAT staff REPORT to council in November on June 1 - September 30th court
utilization at the indoor dome and at the city's outdoor courts.
Ayes: Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor
Wayne Thomson, Councillor Tony Baldinelli, and Councillor Ruth -Ann
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Nieuwesteeg
Nays: Councillor Lori Lococo and Councillor Mona Patel
Carried (Councillor Lococo and Councillor Patel were opposed and Councillor
Campbell was absent). 5-2 on a recorded vote
9. CONSENT AGENDA
The order of business was changed to move up Item #15.3 (Parking Optimization
Study) to allow resident speak.
9.1. F-2024-20
2023 Water/Wastewater Fund Budget to Actual Variance (Unaudited)
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council RECEIVE the Water/Wastewater Fund Budget to Actual
Variance report for the year ended December 31, 2023.
Carried Unanimously (Councillor Campbell was absent from vote).
9.2. MW-2024-20
Alpine Drive — Speed Control Review
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
1. THAT Council APPROVE the speed control plan consisting of four (4)
speed cushions on Alpine Drive between Paddock Trail Drive and
Yvette Crescent, and
2. THAT Council APPROVE a 2024 Capital Budget Amendment to create
project TSP 65-24 for the construction of the speed cushions on Alpine
Drive with a total budget of $22,000 (inclusive of non -recoverable HST),
to be funded by a capital budget transfer of unused funds via Capital
Special Purpose Reserves from TSP 54-22 Traffic Calming Projects —
Various Locations.
Carried Unanimously (Councillor Campbell was absent from vote).
9.3. MW-2024-23
Backhoe Loader Procurement Opportunity
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
1. That Council PERMIT a Single Source procurement with Toromont CAT
in the amount of $213,000 excluding HST for the purchase of a used
2023 Backhoe Loader and attachments in accordance with Section 18
of the City's Procurement By -Law No. 2021-04; and,
2. That Council AUTHORIZE the Mayor and Clerk to execute the
necessary contract documents.
Carried Unanimously (Councillor Campbell was absent from vote).
9.4. MW-2024-24
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Traffic Signal Rebuild - Reimbursement Agreement
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council APPROVE the Traffic Signal Rebuild Reimbursement
Agreement with The Regional Municipality of Niagara and that the General
Manager of Municipal Works be delegated authority by Council to execute all
necessary agreements.
Carried Unanimously (Councillor Campbell was absent from vote).
9.5. MW-2024-25
Ontario Avenue at Hiram Street - Intersection Control Review
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
1. That Council APPROVE the reopening of Ontario Avenue at Hiram
Street, as a Pilot Study, by removing the concrete planters, chains, and
traffic signs on the northeast approach of the intersection for the
summer season;
2. That Council APPROVE the intersection of Ontario Avenue and Hiram
Street be converted to all -way stop controls;
3. That Council DIRECT staff to observe and monitor traffic volumes, travel
patterns, and collision occurrences / safety concerns in the
neighbourhood during the summer months and report back to council
with the findings and recommendations of the Pilot Study; and
4. THAT any previous decision to stop up and close a portion of Ontario
Avenue at Hiram Street, whether passed via a specific by-law,
confirmatory by-law or any draft bylaw that was intended to be passed,
be hereby REPEALED.
Carried Unanimously (Councillor Campbell was absent from vote).
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Resolution -Township of Wainfleet -Public Libraries and Older Adults
Attached is a resolution that at its meeting of April 30, 2024, the Council of the
Corporation of the Township of Wainfleet passed.
Recommendation: THAT Council SUPPORT the resolution.
Moved by Councillor Lori Lococo
Seconded by Councillor Victor Pietrangelo
THAT Council SUPPORT the resolution pertaining to public libraries and older
adults.
Carried Unanimously (Councillor Campbell was absent from vote).
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10.2. Flag -Raising and Proclamation Request - Azerbaijan Independence Day
Attached is a request for a flag -raising ceremony on May 30th or May 31 st,
2024 to recognize Azerbaijan Independence Day. Azerbaijan Independence
Day commemorates the establishment of the Democratic Republic of
Azerbaijan on May 28, 1918.
Recommendation: THAT Council APPROVE the request for a flag -raising
ceremony on May 30th or May 31st, 2024 and to proclaim May 28th, 2024 as
Azerbaijan Independence Day.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT Council APPROVE the request for a flag -raising ceremony on May 30th
or May 31st, 2024 and to proclaim May 28th, 2024 as Azerbaijan
Independence Day.
Carried Unanimously (Councillor Campbell was absent from vote).
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1. Resolution -World Animal Protection Campaign -Captive Wildlife
Resolution
The attached resolution from the World Animal Protection Campaign is asking
municipalities to support and adopt the resolution to urge the Ontario
government to license zoos and regulate exotic pet ownership.
Recommendation: For the Support of Council.
11.2. Resolution - Township of Alnwick/Haldimand - Motion to Call on Province
for Funding of Housing, Shelters and other Social Services
Attached is a copy of a resolution passed by the Council of the Township of
Alnwick/Haldimand supporting correspondence to call on the Province for
increased funding to support housing, shelters and other social services.
Recommendation: For the Support of Council.
11.3. Resolution -Town of Niagara -on -the -Lake -Federal Infrastructure
Funding Not Keeping Pace with Population Growth
The Town of Niagara -on -the -Lake Council passed the attached Motion on April
30, 2024, at their regular Council meeting.
Recommendation: For the Support of Council.
11.4. Resolution - Town of Niagara -on -the -Lake - Transforming the Great Lakes
and St. Lawrence River Basin into a Thriving Blue -Green Economic
Corridor while Safeguarding our Freshwater Resources
The Town of Niagara -on -the -Lake Council passed the attached Motion on April
30, 2024, at their regular Council meeting.
Recommendation: For the Support of Council.
11.5. Resolution - Niagara Peninsula Conservation Authority - Completion of
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Land Acquisitions in Niagara Region and Haldimand County
Attached is correspondence from the Niagara Peninsula Conservation
Authority, pertaining to Board direction.
Recommendation: For the Support of Council.
Moved by Councillor Mona Patel
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council receive for information Item #11.1 through to and including Item
#11.5.
Carried Unanimously (Councillor Campbell was absent from vote).
11.6. Resolution - Township of Alnwick/Haldimand - MFIPPA Modernization
Attached is a copy of the resolution passed by the Council of the Township of
Alnwick/Haldimand supporting AMCTO's Advocacy Teams recommendations
for the review and reform of MFIPPA.
Recommendation: For the Support of Council.
Moved by Councillor Lori Lococo
Seconded by Councillor Victor Pietrangelo
THAT Council Support the resolution from the Township of Alnwick/Haldimand
regarding MFIPPA Modernization.
Carried Unanimously (Councillor Campbell was absent from vote).
11.7. Niagara Region Correspondence
Attached is correspondence sent from the Niagara Region regarding the
following:
1. Niagara Region Report PDS 12-2024 Diversity, Equity and Inclusion Action
Plan 2023 Progress Report
Recommendation: For the Information of Council.
11.8. Correspondence from Niagara Region Transit - Specialty Services
Contract
Attached is an article published about the exciting award of the commingled
specialty services contract on Tuesday, May 21, 2024.
11.9. Comments from resident
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council receive and file Item #11.7 through to and including Item #11.9.
Carried Unanimously (Councillor Campbell was absent from vote).
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12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Main & Ferry BIA - 2024 Budget
Attached is the Main & Ferry BIA budget for 2024.
Recommendation: THAT Council APPROVE the 2024 budget for the Main &
Ferry BIA.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT Council APPROVE the 2024 budget for the Main & Ferry BIA.
Carried Unanimously (Councillor Campbell was absent).
12.2. Noise By-law Exemption Request - St. George & St. Archangel Michael
Serbian Church
Anne Radojcic, Church Board, Interim Secretary, has a request for a noise by-
law exemption for the Kordun Club of Niagara Falls, for an event on Saturday,
July 27, 2024, extending the time limit from 9 PM to midnight at the St. George
and St. Archangel Michael Church grounds, at 6085 Montrose Road.
Recommendation: THAT Council APPROVE the Noise By-law Exemption for
the 3 hours being requested on Saturday, July 27th, 2024 (until midnight).
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT Council APPROVE the Noise By-law Exemption for the 3 hours being
requested on Saturday, July 27th, 2024 (until midnight).
Carried Unanimously (Councillor Campbell was absent).
12.3. Clifton Hill BIA - 2024 Budget
Attached is the Clifton Hill BIA Budget for 2024.
Recommendation: THAT Council APPROVE the 2024 budget for the Clifton
Hill BIA.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT Council APPROVE the 2024 budget for the Clifton Hill BIA.
Carried Unanimously (Councillor Campbell was absent).
12.4. Letter of No Objection - Cowboy Mounted Shooting
The Chief Firearms Inspector with the OPP requires a "Letter of No Objection"
from the municipality before allowing Ms. Monica Zantingh to operate her
indoor and outdoor riding arena at the farm located at 5812 Bossert Road for
the purpose to train horses and riders for mounted shooting competitions. Only
the use of blank ammunition will be discharged.
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Recommendation: THAT Council DIRECT the City Clerk to forward the Letter
of No Objection to the requestor to then be forwarded to the Chief Firearms
Inspector with OPP.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT Council DIRECT the City Clerk to forward the Letter of No Objection to
the requestor to then be forwarded to the Chief Firearms Inspector with OPP.
Carried Unanimously (Councillor Campbell was absent).
12.5. Memo - University of Niagara Falls - Letter of Support for proposed new
Master of Sustainable Science; Master of Water and Food Security and
Master of Regenerative Sustainability programs
Attached is a memo of recommendation for Council to consider from the
Environmental Action Committee.
Recommendation: THAT Niagara Falls City Council offer their SUPPORT for
the application of a new Sustainable Science; Water and Food Security and
Regenerative Sustainability degrees to be offered at the University of Niagara
Falls Canada by Global University Systems (GUS).
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT Niagara Falls City Council offer their SUPPORT for the application of a
new Sustainable Science; Water and Food Security and Regenerative
Sustainability degrees to be offered at the University of Niagara Falls Canada
by Global University Systems (GUS).
Carried (Councillor Lococo was opposed and Councillor Campbell was
absent).
13. RATIFICATION OF IN -CAMERA
Open Council meeting resumed at 1:30 AM.
a) Ratification of In -Camera
Moved by Councillor Mona Patel
Seconded by Councillor Tony Baldinelli
THAT Council DELEGATE authority to the CAO to execute a Section 30
Agreement for taking of road widenings on Biggar Road at the frontage of
10215 Montrose Road, and to take whatever steps necessary to complete the
final transactions, where it is recommended to do so by the General Manager
of Municipal Works/City Engineer and the Director of Legal Services/City
Solicitor; AND THAT Staff be DIRECTED to submit a budget amendment
reflecting the updated property costs as part of the 2024 Capital Budget
process.
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Carried Unanimously (Councillor Campbell and Councillor Strange were
absent).
14. NOTICE OF MOTION/NEW BUSINESS
a) Notice of Motion - City of Niagara Fall - Residential Parking Pass
Mayor Jim Diodati brought forth the following notice of motion:
As an addendum to the motion regarding the Parking Optimization Study,
request that staff come back with a report outlining the "Residential
Convenience Pass," providing an opportunity for residents to park on -street on
municipal streets and roads for up to 3-hours at a time, for an annual rate of
$35 + HST. It could be modeled similarly to the Niagara Parks Commission
Annual Pass and be used by up to 2 cars per household for non-commercial
use.
b) Notice of Motion - Provincial Cemetery Management Support Request
Councillor Lori Lococo brought forth the attached notice of motion pertaining to
cemetery management.
Notice of Motion - Cemetery Management
c) Notice of Motion - Christmas Market, Springalicious, Night of Art (Notice
of motion forthcoming, pending submission)
Councillor Patel brought forth the following notice of motion:
d) Direction to Staff - North Street - Ancillary buildings to GHGH
Direction to Staff - Councillor Patel is looking for staff to provide information
pertaining to the ancillary properties to the hospital on North Street and the
possibility of affordable housing opportunities.
e) Direction to Staff - Gap Dollars - Operating Budget
Direction to Staff: Councillor Patel asked for clarification from staff regarding
gap dollars and how they are used in the operating budget.
f) Direction to Staff - Hydro Field Grass Cutting
Direction to Staff - Councillor Patel is requesting staff to investigate the option
of having City staff cut the hydro field property and charge hydro.
g) Notice of Motion - Centre Street Patios (Notice of motion forthcoming,
pending submission)
Councillor Patel brought forth the following notice of motion:
h) Direction to Staff - Tall Grass complaints
Councillor Baldinelli addressed the need for a review of the tall grass by-law.
Direction to Staff - THAT Staff review the wording of the currently tall grass by-
law to ensure that it includes weeds.
i) Direction to Staff - Pending Canadian Borders Services Agency (CBSA)
Strike
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Direction to Staff - Councillor Mike Strange addressed the pending CBSA strike
requesting the Mayor to send a letter of support to the Prime Minister,
Provincial Minister and border cities, requesting them to expedite resolution so
as to prevent a disruption to the tourism industry.
15. MOTIONS
Councillor Wayne Thomson left the meeting at 12:10 AM.
15.1. Casino Police Unit
At the Council meeting of April 30, 2024, Councillor Lori Lococo brought forth
the following motion:
Motion:
- THAT Council REVIEW the Casino Police Agreement;
- THAT Council be PROVIDED statistics of the "additional policing costs
caused by the presence of the two casinos";
- THAT Council be PROVIDED the statistics of what "adequate effective
staffing and services levels" are
- THAT Council be PROVIDED statistics of what "patrol and servicing levels"
are in the area;
- THAT Council be PROVIDED the quarterly reports for information;
- THAT Staff PROVIDE recommendations and possible amendments to the
agreement.
Moved by Councillor Lori Lococo
Seconded by Councillor Tony Baldinelli
- THAT Council REVIEW the Casino Police Agreement;
- THAT Council be PROVIDED statistics of the "additional policing costs
caused by the presence of the two casinos";
- THAT Council be PROVIDED the statistics of what "adequate effective
staffing and services levels" are
- THAT Council be PROVIDED statistics of what "patrol and servicing levels"
are in the area;
- THAT Council be PROVIDED the quarterly reports for information;
- THAT Staff PROVIDE recommendations and possible amendments to the
agreement.
Carried Unanimously (Councillor Campbell, Strange and Thomson were
absent from vote).
15.2. Litter in the City
At the Council meeting of April 30, 2024, Councillor Lori Lococo brought forth
the following motion:
Motion:
THAT staff come back with some options for cleaning up garbage in the city. It
could include, but not limited to, more city cleanups, equipment required,
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frequency, insurance, liability, how the Adopt a Street program works, etc.
Moved by Councillor Lori Lococo
Seconded by Councillor Tony Baldinelli
THAT staff come back with some options for cleaning up garbage in the city. It
could include, but not limited to, more city cleanups, equipment required,
frequency, insurance, liability, how the Adopt a Street program works, etc.
Carried Unanimously (Councillors Campbell and Thomson were absent).
15.3. Parking Optimization Study
At the Council meeting of April 30, 2024, Mayor Diodati brought forth the
following motion:
Motion:
Request for Staff to undertake a parking optimization study that offers an
innovative approach to maximize revenue for the City during peak tourist
season and special events. It could consider real-time parking availability,
modified dynamic pricing and leveraging technology to ensure buy -in from
stakeholders and residents. As timing permits, we would look to reap the
benefits of this for this -coming tourist season.
Liz Palmucci, of 3233 Matthews Drive, addressed Council asking Council to
review whom the customer is.
Moved by Mayor Jim Diodati
Seconded by Councillor Victor Pietrangelo
THAT Staff undertake a parking optimization study that offers an innovative
approach to maximize revenue for the City during peak tourist season and
special events. It could consider real-time parking availability, modified
dynamic pricing and leveraging technology to ensure buy -in from stakeholders
and residents. As timing permits, we would look to reap the benefits of this for
this -coming tourist season.
Carried Unanimously (Councillor Thomson and Councillor Campbell were
absent).
Moved by Councillor Mona Patel
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council enter in an In -Camera session at 12:50 AM.
Carried Unanimously (Councillor Campbell, Thomson and Strange were
absent from vote).
16. BY-LAWS
2024- A by-law to amend By-law No. 79-200, to permit the use of the lands for the
048. development of 33 townhouse dwelling units within 5 blocks and to repeal By-
law No. 2020-050. (AM-2023-030)
2024- A by-law to amend By-law No. 79-200, to permit the use of the lands for the
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049. development of 72 stacked townhouse dwelling units in 4 blocks, subject to a
3-year sunset clause. (AM-2023-031)
2024- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
050. traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Loading Zones,
Taxi Cab Stands, Stop Signs at Intersections)
2024- A by-law to establish Lot 1 on Plan 240 (one foot reserve) as a public highway
051. to be known as, and, form part of Warden Avenue.
2024- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
052. employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2024- A by-law to establish Development Charges for General Services for the City of
053. Niagara Falls.
2024- A by-law to establish Development Charges for Services Related to a Highway:
054. Roads and Related for the City of Niagara Falls.
2024- A by-law to establish Development Charges for Water, Sanitary Sewer and
055. Storm Water Management for the City of Niagara Falls.
2024- A by-law to adopt, ratify and confirm the actions of the City Council at its
056. meeting held on the 28th day of May, 2024.
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 (Councillor Campbell was absent).
17. ADJOURNMENT
a) Adjournment
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Tony Baldinelli
THAT Council ADJOURN the meeting at 1:34 AM.
yor
City Clerk
Carried Unanimously
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SUBJECT: Provincial Cemetery Management Support Request
BACKGROUND:
Throughout Ontario, there has been an increase in the number of churches and local
cemetery boards initiating the process to transfer the ownership or abandon the cemetery
to the municipality. Municipalities are responsible for the cost, administration and
maintenance of abandoned cemeteries. Several municipalities in the Province have passed
resolutions asking for annual funding, staff training as well as appropriate and affordable
software development for all municipalities to use to administer these cemeteries.
RESOLUTION:
Whereas under the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), when a
cemetery is declared abandoned by a judge of the Superior Court Justice, the local
municipality within whose geographic boundaries the land of the cemetery is located,
becomes the owner of the cemetery with all the rights and obligations in respect of the
cemetery and the assets, trust funds and trust accounts related to it that the previous
owner or operator possessed;
And Whereas over the last decade, there has been an increase in the number of churches
and local cemetery boards initiating processes to transfer ownership or abandon their
owned and operated cemeteries to the local municipality due to such issues as high
maintenance costs, inaccuracy of records, lack of financial and human resources to
effectively operate and maintain the cemetery, increased regulatory processes regarding
training, selling of interment rights, financial operation of the care and maintenance fund,
etc.:
And Whereas municipalities experience the same issues and pressures that churches
and local boards experience with the operation and maintenance of cemeteries within its
jurisdiction, and additional transfers of cemetery lands only compound the burden on
municipal taxpayers;
And Whereas cemeteries are important infrastructure where the reasonable costs for
interment rights, burials, monument foundations, corner stones and administration
charges do not sufficiently support the general operation of cemeteries;
And Whereas the interest earned from the care and maintenance fund(s) of a cemetery do
not provide adequate funding to maintain the cemetery with the rising costs of lawn and
turf maintenance contracts and monument restoration;
Now Therefore Be It Resolved that Council of the the City of Niagara Falls requests that the
Province through the Ministry of Public and Business Service Delivery and the Bereavement
Authority of Ontario (BAO) consider the following to assist municipalities in this growing
concern of cemetery transfers:
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- Amending the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), to have the
Province, through the BAO, identified as the default owner and operator of a cemetery when
it is abandoned;
- Provide annual funding (based on the number of cemeteries a municipality owns and
operates) to municipalities to assist with the maintenance of inactive and active
cemeteries;
- Provide free training opportunities for municipalities regarding cemetery administration; and,
- Investigate and support the design of universal cemetery software for use by
municipal cemetery operators that can be offered at an affordable cost;
And that this resolution be circulated to the Hon. Todd McCarthy, Ministry of Public and
Business Service Delivery, Jim Cassimatis, BAO Interim CEO/Registrar, MPP Jill Dunlop and all
Ontario municipalities.
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