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06/18/2024Niagara MINUTES a,I Cit Council Meetin CANADA Y g 4:00 PM - Tuesday, June 18, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, June 18, 2024, at 4:05PM, in the Council Chambers, with the following members present: COUNCIL Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne PRESENT: Campbell, Councillor Lori Lococo, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Ruth -Ann Neiuwesteeg STAFF Bill Matson, Jason Burgess, Erik Nickel, Signe Hansen, Shelley PRESENT: Darlington, Jo Zambito, Tiffany Clark, Andrew Bryce, Nihdi Punyarthi, Kathy Moldenhauer, Margaret Corbett, Michael Stewart, James Dowling, Matt Kernahan, Mackenzie Ceci, Heather Ruzylo, Daniel Dragosavljevic, Grant Felker 1. CALL TO ORDER The meeting was called to order at 4:05 PM. 2. ADOPTION OF MINUTES 2.1. Council Minutes of May 28, 2024 Moved by Councillor Tony Baldinelli Seconded by Councillor Victor Pietrangelo THAT Council APPROVE the minutes of May 28, 2024 as presented. Carried Unanimously 3. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Victor Pietrangelo declared a conflict of interest to Item #8.1, BDD- 2024-03 as the Councillor owns property that can be affected. b) Councillor Lori Lococo declared a conflict of interest to Item#8.2, F-2024-24, CIP as the Councillor lives downtown in the CIP area map. c) Councillor Ruth -Ann Nieuwesteeg declared a conflict of interest to Item #8.2, F- 2024-24 as the Councillor owns property in the Main & Ferry CIP. 4. MAYOR'S REPORTS, ANNOUNCEMENTS Councillor Pietrangelo left the meeting at 4:22 PM and returned at 4:24 PM. a) Mayor Diodati extended condolences to the families of: -Rosa Baglieri, grandmother of Jonathan Baglieri at the Gale Centre and Evan Page 1 of 19 Baglieri in our Municipal Works Department b) Mayor Diodati mentioned the following City events: 40U40 Awards Gala [photol -Also attended by Councillor Patel Niagara Canada International Film Festival [photo] Lucas Bandi Fight [photo] -Also attended by Councillors Strange and Patel Annual Ching Ming Festival [photol Mathew Fisher — Elevator Operator Certificate Presentation [photo] -Also attended by Councillor Pietrangelo Book Riot [photol -More than $160K Revel Charity Festival [photol •10 years 17th Annual Ride to Conquer Cancer [photol Niagara Falls Rotary Ribfest [photo] -Also attended by Councillors Patel and Nieuwesteeg -Happy Father's Day Councillor Representation [photos as submitted by Councillorsl Councillor Strange- Fill ipino Flag Raising Business Happenings [photos for eachl -Moonlight Lashes Grand Opening oAlso attended by Councillors Nieuwesteeg and Patel -]Unified Hair Studio Grand Opening oAlso attended by Councillors Nieuwesteeg and Patel AEI Pinche Taco & Mercadito Latino oAlso attended by Councillors Nieuwesteeg ]Stamford Library Grand Opening oAlso attended by Councillors Lococo, Thomson, Pietrangelo, Patel, Strange and Nieuwesteeg ]Shelby's Shawarma Grand Opening oAlso attended by Councillors Nieuwesteeg, Patel, Strange and Pietrangelo Page 2 of 19 -]Simar's Barbershop Grand Opening oAlso attended by Councillors Patel and Nieuwesteeg Flag Raisings [photos for eachl -National Accessibility Awareness Week oAlso attended by Councillors Lococo, Thomson and Patel -Pride Niagara oAlso attended by Councillors Nieuwesteeg, Campbell -Senior's Month oAlso attended by Councillors Thomson, Nieuwesteeg -Niagara Shrine Club oAlso attended by Councillor Thomson •14th Year of Italian Heritage Month c) The next Council meeting is scheduled for Tuesday July 16, 2024. 5. DEPUTATIONS / PRESENTATIONS / APPOINTMENTS 5.1. Mayor's Youth Advisory Committee (MYAC) Year -End Deputation The Mayor's Youth Advisory Committee (MYAC) provided Council with a presentation to include the following: • Annual Year -End Deputation - MYAC Co -Chairs, Pranshu Patel and Shreedev Patel, reviewed MYAC's 2023-2024 school year. • Scholarship presentation - Nathan Smith, Community Development Coordinator, recognized Joy Ge from Westlane Secondary School, as the scholarship recipient. Moved by Councillor Wayne Campbell Seconded by Councillor Mike Strange THAT Council RECEIVE the presentation made by MYAC for information. Carried Unanimously Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT staff be DIRECTED to designate a month as "Youth Month" and invite past MYAC Alumnus to support. Carried Unanimously 5.2. Niagara Falls Canada Hotel Association (NFCHA) (POSTPONED) 5.3. PBD-2024-23 Our Niagara Falls Plan - progress update on the new Official Plan Page 3 of 19 Presentation - The Planning Partnership (Presentation forthcoming) Mr. Joe Nethery (Nethery Planning, working with the Planning Partnership), provided Council with a presentation and overview of PBD-2024-23 as to the current progress of the New Official Plan. Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo THAT Council RECEIVE Report PBD-2024-23 for information. Carried Unanimously 6. IN CAMERA SESSION OF COUNCIL 6.1. In -Camera Resolution Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council ENTER into an In -Camera session. Carried Unanimously 7. PLANNING MATTERS Council resumed open meeting at 7:31 PM 7.1. PBD-2024-024 - PUBLIC MEETING AM-2022-021 — Official Plan & Zoning By-law Amendment Part Lot 175 Portage Road (PID 4866); North of Marineland Parkway Proposal: 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys. Applicant: Rundanco Inc. Agent: Bousfields Inc. (Cale Vanderveen / Caitlin Allan) The Public meeting commenced at 7:31 PM. Mackenzie Ceci, Senior Planner Current Development, provided an overview of Report PBD-2024-024. David Falletta from Bousfield Inc., representing the applicant, made a presentation to Council in support of the application. The Public meeting was closed at 8:07 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel Page 4 of 19 1. THAT Council APPROVE the Official Plan Amendment and Zoning By- law Amendment to facilitate the development of an 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys, 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 Wind Study, the submission of a detailed Noise and Vibration Impact Study, the inclusion of warning clauses with respect to noise, air quality and archaeological resources, and the implementation of various noise and air quality mitigation measures through 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 Lococo was opposed) 7.2. PBD-2024-25 - PUBLIC MEETING AM-2023-036 — Combined Official Plan and Zoning By-law Amendment for Lands West of Allendale Avenue, South of Main Street (PIDs 13671, 4689, 4970, 4971, 4969 and Part 137498) Proposal: To redesignate and rezone the property to facilitate the development of a 20-storey building containing 193 dwelling units. Applicant: Zeljko Holdings Limited (Jeremia Rudan) Agent: Bousfields Inc. (Caitlin Allen) Public meeting commenced at 8:14 PM. Matt Kernahan, Development Consultant, provided an overview of Report PBD-2024-025. David Falletta from Bousfield Inc., representing the applicant, made a presentation to Council in support of the application. The Public meeting was closed at 8:45 PM. Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Wayne Thomson 1. THAT Council APPROVE the Official Plan Amendment and Zoning By- law Amendment to permit the development of a 20-storey, residential building containing 193 dwelling, subject to the regulations outlined in this Report. 2. THAT the amending by-law INCLUDE a Holding (H) provision to require Page 5 of 19 the filing of a Record of Site Condition, the submission of an updated Wind Study, and the completion of a Heritage Impact Assessment. 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 Unanimously 8. REPORTS Council moved to Agenda Item #8.6 (R&C-2024-09 Gale Centre Junior Club Agreement Report) at 8:45 PM. 8.1. BDD-2024-03 Municipal Accommodation Tax Councillor Strange left the meeting at 9:17 PM. Councillor Nieuwesteeg left the meeting at 9:17 PM and returned at 9:24 PM. Moved by Councillor Wayne Campbell Seconded by Councillor Tony Baldinelli THAT Council RECEIVE this report for information. Carried Unanimously (Councillor Pietrangelo declared a conflict and Councillor Strange was absent from the vote) 8.2. F-2024-24 Community Improvement Program and Industrial Development Charge Exemption Incentives Mayor Diodati left the meeting and Councillor Pietrangelo resumed as chair at 9:19 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Tony Baldinelli 1. THAT Council APPROVE staff's recommended policy to provide a grant program for Industrial Development Charges (DC), included as Attachment 1 to this report, to maintain the current exemptions in a more flexible format outside of the DC By -Law. 2. THAT Council APPROVE staff's recommended policy to provide a DC grant program for Community Improvement Plan areas (CIP), included as Attachment 2 to this report, to maintain the current exemptions in a more flexible format outside of the DC By -Law and until such time that the CIP programs are updated/revised to incorporate a grant component related to Development Charges. Page 6 of 19 3. THAT Council APPROVE an extension of one year to the City's current CIP incentives expiring October 1, 2024, as per staff report PBD-2021- 76, resulting in a revised expiry date of October 1, 2025. 4. THAT Council DIRECT staff to report back to Council with a finalized CIP incentive policy, inclusive of a grant program related to Development Charges in CIP areas, by October 1, 2025, for Council's consideration. Carried Unanimously (Mayor Diodati and Councillors Strange and Nieuwesteeg absent from vote) (Councillors Nieuwesteeg and Lococo declared a conflict). 8.3. F-2024-25 White Drain Petition and Municipal Drain Analysis Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli 1. THAT Council RECEIVE this report for information and; 2. THAT Council APPROVE the recommendation originally included in Report F-2024-19 for a 2024 Capital Budget Amendment to create project STMS 58-24 for the White Drain Petition — Willow Road with a total budget of $95,000 (inclusive of non -recoverable HST) and; 3. THAT Council APPROVE that the costs associated with White Drain Petition to billed in accordance with the Drainage Act, RSO 1990 to the property owners within the watershed. Carried (Councillor Pietrangelo was opposed and Mayor Diodati and Councillors Nieuwesteeg and Strange were absent from vote). 8.5. PBD-2024-22 Council Education Session on City's Housing Strategy Mayor Diodati returned and resumed as Chair at 9:20 PM and Councillor Nieuwesteeg returned. Brian Dick, Manager of Policy Planning, presented the City's 2022 Housing Strategy, which provided an overview of housing needs in the City, set a 40% affordability target for all new housing, and presented a strategy to achieve that target. Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli It is recommended: THAT Council RECEIVE PDB-2024-22 and the attached presentation for information. Carried Unanimously (Councillor Strange was absent from vote). 8.6. R&C-2024-09 Gale Centre Junior Club Agreement Report Page 7 of 19 Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities, introduced Report R&C-2024-09. Brandon Boone, Co-owner & Director of Community & Minor Hockey Engagement, and Mike Cressman, of the Niagara Falls Riverhawks, addressed Council regarding Report R&C-2024-09. Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson 1. THAT Council APPROVE the extension of the existing agreements with the Jr A and Jr C teams for Five (5) years with the same financial terms. 2. That the Mayor and Clerk BE AUTHORIZED to execute the extension agreements. Carried (Councillor Lococo was opposed to the vote). 8.7. Council returned to address Item #8.1 on agenda. After Council discussed Item #8.5, Council addressed Item #8.7, followed by the Consent Agenda. R&C-2024-10 Addendum to the Domed Columbaria Capital Budget Project — Building out Maple Grove Columbarium Garden in 2024 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell 1. THAT Council APPROVE a 2024 Capital Budget Amendment of $345,000 for a total approved budget of $532,000, funded by capital special purpose reserves, to allow for the complete development of Maple Grove Columbarium Garden, thereby allowing Cemetery Services the opportunity to capitalize on an aggressive bid and economies of scale; and, 2. THAT Kyber Columbarium, the highest ranked proponent, BE AWARDED the contract to complete the proposed installation of three domed columbarium and a columbarium wall (five units) in the Maple Grove Columbarium Garden in 2024. Carried Unanimously (Councillor Strange was absent from vote). 8.4. L-2024-11 2024-2025 Insurance Program Renewal This report was discussed after the In -Camera meeting at 11:03 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg Page 8 of 19 THAT Council RECEIVE Report L-2024-11, 2024-2025 Insurance Program Renewal for information; THAT Council APPROVE the 2024-2025 Comprehensive Insurance Program from Intact Public Entities Inc. (IPE); THAT Council AUTHORIZE the City Solicitor to execute the necessary documents with IPE for the provision of Comprehensive Insurance Services for the period July 1, 2024 - June 30, 2025 in the amount of up to approximately $2,138,644.00 plus applicable taxes. Carried Unanimously (Councillors Campbell, Strange and Thomson were absent from the vote). 9. CONSENT AGENDA Councillor Patel & Nieuwesteeg left chambers at 9:53 PM and returned at 9:54 PM. 9.1. F-2024-22 2023 Development Charges Treasurer's Statement Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council RECEIVE report F-2024-22 2023 Development Charges Treasurer's Statement for information. Carried Unanimously (Councillor Strange was absent from vote). 9.2. F-2024-23 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Damian Bernacik, lawyer acting on behalf of owners of 3846 Portage Road, addressed Council in regard to a Tax Relief Application made under section 357 and 358 of the Municipal Act for the 2022 and 2023 taxation years. Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council APPROVE the cancellation, reduction or refund of taxes on the various accounts listed in the attached summary and granted to the property owners listed. Carried Unanimously (Councillor Strange was absent from vote). 9.3. MW-2024-28 Parking Services - Request for 2024 Capital Budget Amendment Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council APPROVE a 2024 Capital Budget Amendment to create project Page 9 of 19 PRKG 53-24 for the Municipal Parking Lot #3 retaining wall replacement with a total budget of $45,000 (inclusive of non -recoverable HST), to be funded by the Parking Reserve. Carried Unanimously (Councillor Strange was absent from vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Motion to extend Council Meeting past 10:00 PM curfew. Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Victor Pietrangelo THAT Council EXTEND the Council meeting past the 10:00 PM Curfew. Carried Unanimously (Councillor Strange was absent from vote). 10.1. Flag -Raising Request- Nikola Tesla Day -Tesla Fest 2024 The Nikola Tesla Festival organizer requested Niagara Falls' Council's approval for a flag -raising on Wednesday, July 10, 2024 in front of City Hall in honour of Nikola Tesla Day and Tesla Fest 2024. Recommendation: For the Approval of Council. 10.2. Proclamation Request - Arthritis Awareness Month The Arthritis Society Canada requested a proclamation to declare September 2024 as "Arthritis Awareness Month." Recommendation: For the Approval of Council. 10.3. Proclamation Request - World Hepatitis Day Attached is a request for Council to proclaim Sunday, July 28, 2024 as "World Hepatitis Day" in Niagara Falls. Recommendation: For the Approval of Council. 10.4. Proclamation Request - International Trigeminal Neuralgia Awareness Day The Facial Pain Research Foundation along with the Canadian Trigeminal Neuralgia Association (Niagara) requested that Council proclaim Monday, October 7, 2024 at "International Trigeminal Neuralgia Awareness Day. Recommendation: For the Approval of Council. 10.5. Resolution - Town of Fort Erie - Continuation of Urgent Care Centre Operation in Fort Erie (& Port Colborne) Attached is a resolution passed by the Municipal Council of the Town of Fort Erie at its meeting of May 27, 2024. Recommendation: THAT Council SUPPORT the resolution passed by the Town of Fort Erie. Moved by Councillor Victor Pietrangelo Page 10 of 19 Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council APPROVE/SUPPORT Item #10.1 through to and including #10.5. Carried Unanimously (Councillor Strange was absent from vote). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolutions -Niagara Peninsula Conservation Authority Attached are two resolutions from the Niagara Peninsula Conservation Authority (NPCA) pertaining to Board direction. Recommendation: THAT Council RECEIVE for information. 11.2. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Motion Reaffirming Niagara Region's Commitment to the Expansion of All -day, Two-way Go Train Service 2. Niagara Region Report PDS 18-2024 Staff Comments on Proposed Provincial Planning Statement (2024) 3. Niagara Region Report PDS 16-2024 2023 Reserve Water and Wastewater Treatment Capacities 4. Niagara Region Report PDS 13-2024 Niagara Employment Inventory Results Recommendation: THAT Council RECEIVE for information. 11.3. Resolution - Township of Larder Lake - Asset Retirement Obligation At the Township of Larder Lake Regular Council Meeting held Tuesday, June 11th, 2024, the attached resolution of support was adopted: Motion to support the Township of Harleys resolution regarding Asset Retirement Obligation PS 3280. Recommendation: THAT Council RECEIVE for information. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council RECEIVE FOR INFORMATION Item #11.1. through to and including Item #11.3. Carried Unanimously (Councillor Strange was absent from vote). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Lundy's Lane BIA - 2024 Budget Attached is the Lundy's Lane BIA 2024 budget. Recommendation: THAT Council APPROVE the 2024 budget for the Lundy's Lane BIA. Page 11 of 19 Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council APPROVE the 2024 budget for the Lundy's Lane BIA. Carried Unanimously (Councillor Strange was absent from vote). 12.2. Xscape Colour Festival Food Truck Request Attached is a letter from Lynne Mclntee, Host of Programs and Director of Development, Festivals & Special Events with Youth for Change Inc. requesting that food trucks be permitted at the Gale Centre on Saturday July 27, 2024 for the Xscape Colour Festival. Recommendation: That Council APPROVE the one day request for food trucks to be located on City property (Gale Centre) for the Xscape Colour Festival taking place on Saturday July 27, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg That Council APPROVE the one day request for food trucks to be located on City property (Gale Centre) for the Xscape Colour Festival taking place on Saturday July 27, 2024. Carried Unanimously (Councillor Strange was absent from vote). 12.3. Appointments to Accessibility Advisory Committee Results of the citizen appointments to the Accessibility Advisory Committee will be read aloud by the City Clerk, Bill Matson. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Staff be DIRECTED to open the application process for interested residents to apply to be on the Accessibility Advisory Committee. Carried Unanimously (Councillor Strange was absent from vote). 13. RATIFICATION OF IN -CAMERA Council went back In -Camera at 10:05 PM. a) Ratification of In -Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council AUTHORIZE staff to proceed with completing the Cyber Initiatives for the additional estimated cost of $170,000; THAT Council APPROVE a 2024 Capital Budget Amendment of $170,000 funded from the OLG Reserve Fund; and THAT Council REFER the 2025 Operating Budget Impact in the amount of $60,000 ($43,000 net savings) to the 2025 Operating Page 12 of 19 Budget Process; and THAT Council DIRECT that the City enter into an Encroachment Agreement with Steadfast Hospitality Inc. to permit a sidewalk patio at 6361 Fallsview Boulevard; THAT Council AUTHORIZE the Mayor and the City Clerk to execute the required Encroachment Agreement; AND THAT Council AUTHORIZE the City Solicitor to register the Encroachment Agreement on title. Carried Unanimously (Councillors Campbell, Thomson and Strange were absent from the vote). 14. NOTICE OF MOTION/NEW BUSINESS a) Panhandlers in the City Councillor Mona Patel brought forth the issue of panhandlers in the City (ie. Dorchester and Morrison) and was looking for information as to whether it is legal? Jason Burgess, CAO, addressed the issue explaining that our Municipal By-law Enforcement Officers can move them along but the issue remains challenging to manage. The Niagara Regional Police will be making a presentation before Council in the near future and it was suggested that this issue be brought before them at this time. b) Vacant Building Registry Councillor Patel was looking for additional information pertaining to the vacant building registry. Jason Burgess, CAO, stated that this was an initiative brought forth by staff a few years ago and that Planning will bring a report to Council for information. c) Notice of Motion - Property Standards By-law Councillor Patel brought forth the following notice of motion: My notice of motion is for an amendment to the property standards by-laws to expand the scope of property standards by-law to include grass, weed on boulevards, islands, traffic triangles, roundabout, vacant buildings , graffiti and overflowing garbage at the public parks and trails. Part of the motion is also to direct BIAs and commercial plaza owners to do their first land scaping including grass cuttings, weed clean up, and flower planting(if possible) before the Victoria Day long weekend if permitted by weather. d) Notice of Motion - Downtown Committee Councillor Patel brought forth the following notice of motion: I would like to propose a motion that Council forms a Downtown Committee made up of; Council Members, and the Downtown Merchants or other Stake Holders, who would oversee the business expenditures, programming, and beautification until such time as the desire for a BIA is realized. Committee will deal with items such as; Cameras, Flowers, the Santa Clause Parade, and special events. Also, they will provide ideas to increase local traffic and business measures to take advantage of the thousands of people coming off the Terminals every week. Page 13 of 19 I would also like to extend a request for the appointment application process, criteria; including the area of expertise, the vision for downtown, and other relevant experience. Staff to come back with a process by which we form the committee. e) Transit Costs Councillor Lococo was looking for an update on a previous item regarding the Niagara Region and the Transit Commission. Staff to follow-up to provide information/update. f) Water Conservation Councillor Lococo is looking for Staff to educate the public as to how to conserve and preserve water. Direction to Staff: To DIRECT Communications staff to update our website to be able to have residents post tips/tricks on ways to conserve/preserve water. 15. MOTIONS 15.1. City of Niagara Falls - Residential Parking Pass At the Council meeting of May 28, 2024, Mayor Jim Diodati brought forth the following motion: Motion: Request that Staff implement a "Residential Convenience Pass" providing an opportunity for residents to park on street on municipal streets and roads for $35 + HST per calendar year with the following conditions: 1. Price is $35+HST per calendar year, not pro -rated (so buy early and get a better deal). 2. Two (2) hours per zone, per day. Zones include Downtown, Main/Ferry, Chippawa, Victoria/Centre, and Fallsview. 3. Two (2) license plates per permit at the same address. 4. Valid for on -street paid spaces only. Not valid for municipal parking lots or restricted zones. Moved by Mayor Jim Diodati Seconded by Councillor Victor Pietrangelo Request that Staff implement a "Residential Convenience Pass" providing an opportunity for residents to park on street on municipal streets and roads for $35 + HST per calendar year with the following conditions: 1. Price is $35+HST per calendar year, not pro -rated (so buy early and get a better deal). 2. Two (2) hours per zone, per day. Zones include Downtown, Main/Ferry, Chippawa, Victoria/Centre, and Fallsview. 3. Two (2) license plates per permit at the same address. Page 14 of 19 4. Valid for on -street paid spaces only. Not valid for municipal parking lots or restricted zones. Carried Unanimously (Councillors Campbell, Strange and Thomson were absent). 15.2. Provincial Cemetery Management Support Request At the Council meeting of May 28, 2024, Councillor Lori Lococo brought forth the attached motion pertaining to cemetery management. Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli 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: - Amending the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), to Page 15 of 19 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. Carried Unanimously (Councillor Strange, Campbell and Thomson were absent from vote). Notice of Motion - Cemetery Management 16. BY-LAWS 2024- A by-law to provide for the adoption of Amendment No. 167 to the City of 059. Niagara Falls Official Plan (AM-2023-034). 2024- A by-law to amend By-law No. 79-200 to permit the use of the lands for 60 060. stacked townhouse dwelling units and a mixed -used building with 4 ground floor commercial units fronting onto Lundy's Lane and 8 dwelling units above the ground floor, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2023-034). 2024- A by-law to provide for the adoption of Amendment No. 166 to the City of 061. Niagara Falls Official Plan (AM-2022-024). 2024- A by-law to amend By-law No. 79-200, to permit the use of the lands for 255 062. townhouse dwellings and up to 46 Additional Dwelling Units (ADUs), establish two outdoor amenity areas, and repeal By-law No. 2008-108, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2022-024). 2024- A by-law to declare Part Lot 7, Block "GG", Plan 999 & 1000, Part Township 063. Lot 93, being Part 1, 59R-17565, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. 2024- A by-law to permanently close part of a highway 064. 2024- A by-law to adopt, ratify and confirm the actions of the City Council at its 065. meeting held on the 18th day of June, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg THAT the by-laws be read a first, second and third time. Page 16 of 19 Carried (Councillor Lococo was opposed to by-law 2024-061 and by-law 2024-062 and Councillors Campbell, Strange and Thomson were absent from the vote). 17. ADJOURNMENT a) Adjournment Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli THAT Council AJOURN the meeting at 12:02AM. Carried Unanimously (Councillor Strange, Campbell and Thomson were absent from vote). /J ayor City Clerk Page 17 of 19 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. 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: Page 18 of 19 - 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. Page 19 of 19