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07/16/2024Niagara MINUTES HsI Cit Council Meeting tANADA � �J 1:00 PM - Tuesday, July 16, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, July 16, 2024, at 1:10 PM, in the Council Chambers, with the following members present: COUNCI Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, COL L Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Way PRESEN Thomson, Councillor Ruth -Ann Neiuwesteeg. Mayor Jim Diodati was absent. T: STAFF Jason Burgess, Bill Matson, Margaret Corbett, Michael Stewart, Tyler Dolan, Grant PRESEN Falkner, Tiffany Clark, Erik Nickel, Jo Zambito, Nidhi Punyarthi, Kathy Moldenhaur, T: Kira Dolch, Signe Hansen, Dale Morton, Nick DeBenedetti, Chris Roome. 1 CALL TO ORDER Councillor Victor Pietrangelo chaired the meeting in Mayor Diodati's absence. The meeting was called to order at 1:10 PM. 2 ADOPTION OF MINUTES 2.1. Council Minutes of June 18, 2024 Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel That Council APPROVE the minutes of the June 18, 2024 meeting as presented. CARRIED UNANIMOUSLY City Council - 18 Jun 2024 - Minutes - Pdf 3 DISCLOSURES OF PECUNIARY INTEREST Not Applicable 4 MAYOR'S REPORTS, ANNOUNCEMENTS a) Acting Mayor Pietrangelo extended condolences to the families of: -Rick Rose -George Bailey, former Regional Councillor for 2 terms and long-time Niagara Parks and Niagara Falls Tourism supporter -Murray Johnston, retired Director of Building and Inspections Department -Marianna Formica, grandmother of Michael Formica of our Bylaw Department b) Acting Mayor Pietrangelo mentioned the following City events: Page 1 of 37 c) 79th Annual Serbian Day •Also attended by Councillors Patel and Nieuwesteeg Canada Day Celebration •Also attended by Councillors Lococo, Strange, Pietrangelo, Nieuwesteeg and Patel Ukrainian Niagara Family Festival •Also attended by Councillors Nieuwesteeg and Patel Minister Tangri Hospitality and Tourism Roundtable •Also attended by Councillors Tesla Legacy Conference & Tesla Fest •Also attended by Councillors Niagara Malayalee Association Tug -Of -War •Also attended by Councillor Patel U Councillor Strange • Philippines Independence Day Falls Illumination — 50 days before 2024 Paral m ics Councillor Patel • Grand Openings: • Nawab's Indian Cuisine Rangeela Paan Nikola Tesla Flag Raisin Councillor Baldinelli • 2nd Annual Taste of Manila Golf Tournament Business Happenings 7Shook's A Taste of Jamaica — 5 Year Anniversary Attended by Mayor Diodati ]Express Employment Professionals Grand Opening Also attended by Councillors Patel, Nieuwesteeg and Baldinelli The next Council meeting is scheduled for Tuesday August 13, 2024. After the Acting Mayor's Report, Council passed a motion to move to item 8.3 Moved by Councillor Mike Strange Page 2 of 37 Seconded by Councillor Wayne Campbell That Council MOVE to agenda item# 8.3. Honorary Street Name: Gordon Singleton. CARRIED UNANIMOUSLY. 5 DEPUTATIONS / PRESENTATIONS 5.1. Civic Recognition - Special Olympic Athletes - Powerlifting Ryan Pozzobon and Marc Fletcher are both athletes with the Special Olympics and both participated with the "Power and the Glory", which is a powerlifting program. Dino Pozzobon, coach, presented the awards. (Ryan has been powerlifting for about 15 years and he recently competed in May in the Provincial Games and won gold in all three of his events (bench press, deadlift and squats). Marc has been powerlifting for roughly the same time period and also competed in the Provincial Games. Marc received gold for bench, silver for squat and bronze for deadlift). 5.2. Civic Recognition - St. Paul High School - Niagara Falls Rowing Club St. Paul High School coach, Anthony Acuri, recognized the achievements of the following rowers: • Virginia Gates • Myles Quintyn • Sabrina Cottringer • Ava Hodgson • Ashlyn Fehr • Mackenzie Murray 6 PLANNING MATTERS 6.1. PBD-2024-26 AM-2021-026, Zoning By-law Amendment 3897 Welland Street Proposal: To rezone the lands to a site -specific Residential Mixed (R3) Zone to permit the development of five on -street townhouse dwellings Applicant: Paul Peter Tries & Gayle Amy Tries Agent: NPG Planning Solutions (Aaron Butler / Asawari Modak) The Public Meeting commenced at 1:42PM. Chris Roome, Planner 2, provided an overview of Report PBD-2024-026. Randy West, 3956 Main St, was not in favour of the recommendation and discussed the over design on the project. Susan Defenbeck, 3941 Welland Ave, was not in favour of the recommendation and made comments to issues such as density, drainage, parking, and traffic. James Wilson, 3913 Welland Ave, was not in favour of the recommendation Page 3 of 37 and make comments to issues such as drainage. Joedy Burdett, 4480 Bridge Street, was in favour of the recommendation. Aaron Butler, NPG (applicant) provided an overview of Report PBD-2024-026. The Public Meeting concluded at 2:38 PM. Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Lori Lococo That Council DENY the Zoning By-law Amendment to rezone the lands to a site -specific Residential Mixed (R3) Zone to permit the development of five onstreet townhouse dwellings, subject to the regulations outlined in this Report. CARRIED UNANIMOUSLY 6.2 PBD-2024-27 AM-2024-004 Zoning By -Law Amendment Application 26CD-11-2024-001, Plan of Vacant Land Condominium 6529 St. John Street Pt Lt 59 PL 5 Stamford as in R0117039; City of Niagara Falls PT Lt 59 PL 5, Part 1 on 59R-16551, Stamford; City of Niagara Falls Applicant: Niagara Pines Developments Ltd. Agent: Ethan Laman (Upper Canada Consultants) The Public Meeting commenced at 2:44PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2024-27. Stew Fitzgerald,3720 Marlborough PI, was not in favour of the recommendation and discussed issues relating to incomplete development. Mark Lauder, 6485 St. John St, was not in favour of the recommendaton and discussed issues relating to traffic, density, and no sidewalks. Joedy Burdett, Bridge St, was in favour of the recommendation. Diane Clayton, 6509 St. John was not in favour of the recommendation and discussed issues relating to tree removal. Ethan Laman, Upper Canada Consultants (applicant) provided an overview of Report PBD-2024-27. The Public Meeting concluded at 3:21 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange 1. That Council APPROVE the Zoning By-law Amendment to rezone the property, to a Page 4 of 37 site -specific Residential Low Density, Group Multiple Dwelling (R4) zone, in part to allow for the development of 5 detached dwelling units and a site -specific Residential 1 E Density (R1 E) zone, in part to allow for a detached dwelling, subject to the regulations outlined in this report; 2. That the Plan of Vacant Land Condominium be draft APPROVED subject to the conditions contained in Appendix A; 3. That the Mayor or designate BE AUTHORIZED to sign the Draft Plan of Vacant Land Condominium 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; 4. That draft APPROVAL be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 5. That the Mayor and City Clerk BE AUTHORIZED to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Ayes: Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Lori Lococo, Councillor Tony Baldinelli, Councillor Mona Patel, Councillor Ruth -Ann Nieuwesteeg, and Councillor Wayne Campbell CARRIED UNANIMOUSLY 8-0 on a recorded vote 7 IN CAMERA SESSION OF COUNCIL 7.1. In -Camera Resolution (updated) Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council ENTER into an In -Camera session. CARRIED UNANIMOUSLY 8 REPORTS Council returned from the In -camera session at 6:40PM. Councillor Thomson and Councillor Campbell did not return to the meeting. a) Council passed a motion to move to item 14.2 Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth -Ann Nieuwesteeg That Council MOVE to agenda Item #14.2 City of Niagara Falls - Downtown Committee CARRIED UNANIMOUSLY. Councillors Thomson, Campbell, and Strange were absent from vote. Page 5 of 37 8.1. F-2024-26 2025 Budget Timetable and Budget Engagement Plan Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange 1. THAT Council RECEIVE Report F-2024-26, 2025 Budget Timetable and Budget Engagement Plan for Information. 2. THAT the Mayor CALL a Special Meeting on Tuesday November 26, 2024 for the 2025 Capital and 2025 Parking Budget deliberations. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from the vote. 8.2. F-2024-28 Update on Low Income Seniors' and People with Disabilities Property Tax Deferral Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Mona Patel THAT Council DEFER Staff Report F-2024-28, Update on Low Income Seniors' and People with Disabilities Property Tax Deferral to the September 10, 2024 meeting. 2. THAT Council APPROVE continuing with the Current Low -Income Senior's and Person with Disabilities Property Tax rebate program for the current year. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 8.3. PBD-2024-28 Honourary Street Name: Gordon Singleton (After item 8.3 Council returned to Deputations Agenda Item #5.) Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Mike Strange 1. That Council APPROVE a Honourary Street Naming Application, to honourarily name Whirlpool Road after Gordon Singleton for a period of twenty five years. 2. That Council WAIVE section 3(F) of by-law 2023-033 to extend the honouring naming of Whirlpool Road to Gord Singleton Way to 25 years. CARRIED UNANIMOUSLY. 8.4. PBD-2024-29 Amendment to By-law No. 2007-41 to include the definition of weeds Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli Page 6 of 37 1. THAT Council AMEND by-law No. 2007-41 to include a definition of grass and weeds in the general provisions or definitions of the by-law. 2. THAT Council AMEND Section 8 of by-law No. 2007-41 to include weeds in long grass provisions of the by-law. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 8.5. MW-2024-29 Lease Amending Agreement with The Stamford Centre Volunteer Firemen's Association for Firemen's Park Maintenance and Capital Improvements Moved by Councillor Mike Strange Seconded by Councillor Ruth -Ann Nieuwesteeg That Council AUTHORIZE the General Manager of Municipal Works / City Engineer to enter into a Lease Amending Agreement with the Stamford Centre Volunteer Firemen's Association, in a manner acceptable to the Director of Legal Services / City Solicitor, to help clarify responsibilities for maintenance and capital improvements at Firemen's Park. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 9 CONSENT AGENDA 9.1. F-2024-27 Annual Update on Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Council RECEIVE report F-2024-27 Annual Update on Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs for information. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 9.2. MW-2024-30 Prospect Street - Parking Control Review Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel That Council APPROVE that the existing No Parking, Except by Permit zone along the south side of Prospect Street be extended to a point 42 metres east of Drummond Road And That Council APPROVE a No Stopping, At All Times zone be established Page 7 of 37 between Drummond Road and a point 42 metres east of Drummond Road on both sides of Prospect Street. And That Council APPROVE the respective Bylaws on the agenda. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 10 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Flag -Raising Request -United Way 2024 Campaign The United Way is requesting that Council approve the raising of the United Way flag at City Hall on September 13th, 2024 for one week to raise awareness of their 2024 Campaign. Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council APPROVE the raising of the United Way flag at City Hall on September 13th, 2024 for one week to raise awareness of their 2024 Campaign. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 10.2. Proclamation Request - Giving Tuesday Attached is a request from Josh Bieuz-Yasyszczuk, Founder and Movement Lead at NiagaraGives, that Council proclaim Tuesday, December 3, 2024 as "Giving Tuesday" in the City of Niagara Falls. Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council PROCLAIM Tuesday, December 3, 2024 as "Giving Tuesday" in the City of Niagara Falls. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 10.3. Flag-Raising/Proclamation Request - Childhood Cancer Awareness Month Attached is correspondence from Patti, John and Eric Bauer on behalf of Miranda's Miracles requesting that the City of Niagara Falls proclaim the month of September, Childhood Cancer Awareness Month and to raise a flag to honour children fighting cancer, lost to cancer and who have survived cancer. Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli That Council PROCLAIM the month of September, Childhood Cancer Awareness Month and to raise a flag to honour children fighting cancer, lost to cancer and who have survived cancer. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were Page 8 of 37 absent from vote. 10.4. Proclamation Request - Child Care Worker & Early Childhood Educator Appreciation Day 2024 Attached is correspondence from Christa O'Connor, President, OCBCC and Fred Hahn, President, CUPE Ontario Division, requesting that the City of Niagara Falls declare Thursday October 24, 2024 as Child Care Worker & Early Childhood Educator Appreciation Day. Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council DECLARE Thursday October 24, 2024 as Child Care Worker & Early Childhood Educator Appreciation Day. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 10.5. Proclamation Request - Rail Safety Week 2024 Attached is correspondence from Stephen Covey, CN Chief of Police and Chief Security Officer, requesting that the week of September 23rd to the 29th, 2024 be proclaimed Rail Safety Week. Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council PROCLAIM the week of September 23rd to the 29th, 2024 be proclaimed Rail Safety Week. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 10.6. Food Truck Request - Niagara Falls Soccer Club 62nd Annual AC Douglas Soccer Tournament Attached is a request from Paul Lepiane, President of the Niagara Falls Soccer Club, requesting that City Council permit food trucks at various parks across the City of Niagara Falls for their 62nd annual AC Douglas Soccer Tournament the weekend of Saturday August 10th - 11th, 2024. Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council PERMIT food trucks at various parks across the City of Niagara Falls for their 62nd annual AC Douglas Soccer Tournament the weekend of Saturday August 10th - 11th, 2024. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 10.7. Special Occasion Permit Request - Always June Organic Farm Organizers of the event are looking to Council for a letter of Municipal Significance for this festival taking place at the Always June Organic Farm located at 5584 Niagara Town Line, Niagara Falls on Saturday August 24th, 2024. With Council declaring the event as "municipally significant", this will assist the organizers in obtaining a Special Occasion Permit from the AGCO. Page 9 of 37 Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council DECLARE the Always June Organic Farm event one of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 10.8. Physician Shortage Attached is a letter from Kimberly Moran, CEO, Ontario Medical Association and Colin Best, AMO President in regards to a draft resolution urging the provincial government to recognize the physician shortage in your municipality and the rest of Ontario. By adopting this resolution, your municipality can play a crucial role in highlighting the urgent need for more healthcare resources and support. Recommendation: For the APPROVAL of Council. Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council APPROVE the following Resolution: WHEREAS the state of health care in Ontario is in crisis, with 2.3 million Ontarians lacking access to a family doctor, emergency room closures across the province, patients being de-rostered and 40% of family doctors considering retirement over the next five years; and WHEREAS it has becoming increasingly challenging to attract and retain an adequate healthcare workforce throughout the health sector across Ontario; and WHEREAS the Northern Ontario School of Medicine University says communities in northern Ontario are short more than 350 physicians, including more than 200 family doctors; and half of the physicians working in northern Ontario expected to retire in the next five years; and (Northern Ontario only) WHEREAS Ontario municipal governments play an integral role in the health care system through responsibilities in public health, long-term care, paramedicine, and other investments. WHEREAS the percentage of family physicians practicing comprehensive family medicine has declined from 77 in 2008 to 65 percent in 2022; and WHEREAS per capita health-care spending in Ontario is the lowest of all provinces in Canada, and WHEREAS a robust workforce developed through a provincial, sector -wide health human resources strategy would significantly improve access to health services across the province; NOW THEREFORE BE IT RESOLVED THAT the Council of Niagara Falls urge the Province of Ontario to recognize the physician shortage in the City of Niagara Falls and Ontario, to fund health care appropriately and ensure every Ontarian has access to physician care. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were Page 10 of 37 absent from vote. 11 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1 Town of Fort Erie - MTO Median Barriers on QEW Attached is a resolution from the town of Fort Erie regarding requests that the Ministry of Transportation Ontario investigate and implement a guide rail, cable barrier or other suitable means of deflection on the Queen Elizabeth Way between Lyon's Creek Road in the City of Niagara Falls and Thompson Road in the Town of Fort Erie. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Council SUPPORT the following Resolution: Whereas the Queen Elizabeth Way (QEW) forms an integral transportation link of provincial and national importance between the Greater Toronto Area and the United States, passing through the Regional Municipality of Niagara before terminating at the Peace Bridge in the Town of Fort Erie, and Whereas unprecedented growth through migration from the Greater Toronto Area in Niagara and the Town of Fort Erie has increased traffic on the Queen Elizabeth Way as more motorists use the highway for both business and pleasure between our community and the rest of the Greater Golden Horseshoe and United States, and Whereas while much of the Queen Elizabeth Way has been upgraded, the section between Niagara Falls and Fort Erie retains its original early-to-mid-20th century crosssection with an unprotected grass median of unequal grade and substandard width, and Whereas increases in traffic volume on the Queen Elizabeth Way increase the risk of cross -over head-on collisions of devastating consequences that the narrow grass median is unable to deflect, and Whereas other divided highways in the province, such as Highway 403 in Brantford and the twinned sections of Highway 11, have had guide rails installed along the left shoulders to deflect traffic from crossing the narrow grass median; Now, therefore, be it resolved, That: The Municipal Council of the Town of Fort Erie requests that the Ministry of Transportation Ontario investigate and implement a guide rail, cable barrier or other suitable means of deflection to prevent and mitigate the risks of cross- over collisions on the Queen Elizabeth Way between Lyon's Creek Road in the City of Niagara Falls and Thompson Road in the Town of Fort Erie, and further That: This resolution be circulated to The Honourable Doug Ford, Premier of Ontario, The Honourable Prabmeet Singh Sarkaria, Minister of Transportation, The Honourable Kinga Surma, Minister of Infrastructure, and Wayne Gates, MPP for Niagara Falls, and further That: This resolution be circulated to the Regional Municipality of Niagara and the other Members of Provincial Parliament representing Niagara Constituencies. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. Page 11 of 37 11.2. WEGO Blue Line Attached is a letter from The Niagara Parks Commission informing the Mayor and Council of a recent decision made June 13, 2024 regarding the WEGO Blue line operations. Recommendation: THAT Council RECEIVE for information. 11.3. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following matters: 1. Public notice advertisement for notice of study commencement Portage Trunk Sewer Rehabilitation. 2. Proposed Amendments to the Niagara Escarpment Planning and Development Act. Recommendation: THAT Council RECEIVE for information. 11.4. City of St. Catharines - Green Roads Pilot Project Attached is a resolution from the City of St. Catharines recognizing the urgent need to address and mitigate the impacts of climate change on the community and environment; and the consideration of sustainable and environmentally friendly road construction and surfacing materials. Recommendation: THAT Council RECEIVE for Information. 11.5. Niagara Peninsula Conservation Authority - Resolution Notice FA-71-2024 Attached is a resolution from the the Niagara Peninsula Conservation Authority regarding Water Quality Monitoring Program Summary Report for the Year 2023. Recommendation: THAT Council RECEIVE for Information. 11.6. AMO Advocacy on Homelessness Encampments Attached is a letter from Colin Best, President, Association of Municipalities of Ontario (AMO), and a PDF release outlining a new policy paper Homeless Encampments in Ontario: A Municipal Perspective detailing the state of this crisis and evidence -based actions that must be taken. Recommendation: THAT Council RECEIVE for information. 11.7. Niagara Poverty Reduction Strategy - Social Assistance Rates Attached is correspondence from Jim Bradley, Chair, Niagara Region, regarding a motion passed to circulate the Niagara Poverty Reduction Strategy information and findings. Recommendation: THAT Council RECEIVE for information. 11.8. Regulations for Importation and Safe Use of Lithium -ion Batteries Attached is correspondence from the township of Otonabee-South Monaghan calling upon all levels of government to enact regulations for the importation, Page 12 of 37 sale, storage, and use of non -OEM or ULC certified lithium -ion batteries. Recommendation: THAT Council RECEIVE for information. Moved by Councillor Tony Baldinelli Seconded by Councillor Mike Strange THAT Council RECEIVE for information Item #11.2. through to and including Item #11.8. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 12 RATIFICATION OF IN -CAMERA 12.1 Ratification of In -camera Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth -Ann Nieuwesteeg 1. THAT Council APPROVE the City of Niagara Falls new service delivery model: "At Your Service Niagara Falls" (AYSNF); 2. THAT Council APPROVE a single source procurement in accordance with By -Law No. 2021-04, Section 18(a)(i) Single and Sole Purchases and AUTHORIZE the General Manager of Corporate Services to execute the necessary documents with MuniPaaS for the provision of implementation services of the New Customer Relationship Management (CRM) solution; 3. THAT Council APPROVE the hiring of one (1) additional non -union Supervisor of Customer Service with a 2024 impact of approximately $58,000 funded from the existing CRM Solution Phase 2 Capital Budget; 4. THAT Council APPROVE the hiring of three (3) union Service Specialists with a 2024 impact of approximately $86,000 funded from the existing CRM Solution Phase 2 Capital Budget; 5. THAT Council APPROVE the transfer of the unspent Customer Service tax levy budget totaling $72,640 to the existing CRM Solution Phase 2 Capital Budget revising total capital budget funding from $600,000 to $672,640; 6. THAT Council REFER the 2025 Tax Levy Supported Operating Budget Impact of approximately $421,800 and the 2025 Rate Supported Budget impact of approximately $78,500 to their respective 2025 budget processes; 7. THAT Council REFER the 2026 Tax Levy Supported Operating Budget Impact of approximately $100,000 and the 2026 Rate Supported Budget impact of approximately $11,000 to their respective 2026 budget processes; 8. THAT further DIRECTION was given to staff on implementing the new service delivery model. Page 13 of 37 CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 13 NOTICE OF MOTION/NEW BUSINESS 13.1. NOTICE OF MOTION - Infill Developments Councillor Lococo brought forth the following Notice of Motion and spoke to the following details: Infill developments are an effective way to reduce urban sprawl and use existing infrastructure and amenities. There are also disruptions and inconveniences to surrounding neighbors. Some of the issues and concerns are: • Drainage issues to neighboring properties during/after construction of an infill property. This occurs when the new property is higher than the existing properties and drainage is now flowing into neighbouring properties. • Constant mud and dust in/outside of neighbouring homes/vehicles and on the road • The proximity of the infill development with construction equipment maneuvering on the site. • Neighbouring curbs and grass being dug up for utilities. • Damage to neighboring properties. • Construction fences falling down and creating safety issues. • Construction sites not being secured when workers are not there, creating a safety issues. • Large trees on property lines or neighbouring properties being cut down to accommodate the infill development. • Taller units being built with windows looking into neighbouring houses and yards. This creates privacy issues. • Worker's vehicles parked on the street, blocking access in and out of neighbouring driveways. Sometimes the vehicles are parked in 'no parking' zones. This can create issues with emergency vehicles not being able to pass. • Loud beeping of reversing vehicles in the early morning or late evening hours. • Constant noise throughout the day. • Aggressive workers. • Vibrations shaking the house Toronto has a Good Neighbour Guide for Residential Infill Construction. Edmonton has reviewed the fine structure, prohibits excavation within certain proximity and offers pre - construction surveys. Be it resolved: THAT the City of Niagara Falls INVESTIGATE ways to mitigate the issues above. This could include but not limited to, speaking with the Builders Association, reviewing other municipalities guidelines/policies, reviewing the Building Code and legal implications, reviewing resolution and enforcement Page 14 of 37 processes, improved communication with neighbors, etc. 13.2. NOTICE OF MOTION - Niagara Falls University - Accommodations for students and family Councillor Lococo brought forth the following Notice of Motion and spoke to the following details: It has been stated that University of Niagara Falls will have 2,000 students enrolled in September of 2024. Foreign students who are enrolled in master's programs, are also permitted to bring their spouse and dependents to Canada. In January 2024, the Provincial government stated that colleges and universities will be required to guarantee housing for incoming international students. Housing and additional resources will be required for 2,000 students plus any family members that have moved to Canada. Be it resolved that the City of Niagara Falls contact: The University of Niagara Falls: o to inquire about the 2,000 plus accommodations that are required for September. What are the numbers of accommodations that have been successfully secured and what are the numbers that have not been secured? What is the timeline to build new accommodations? o Is there a student and family program to assist with food security? Will they assist food security agencies to provide resources to their students and their families? • Project Share, The Soup Kitchen, Salvation Army and The Third Space Cafe regarding the food resources that may be required to assist foreign students and their families. • Both school boards in Niagara Falls regarding numbers of children of foreign students that will be enrolled and how they can be accommodated. • Minister Syliva Jones regarding health care requirements in Niagara Falls for 2,000 plus students and their families. • Minister Jill Dunlop and Minister Marc Miller regarding the requirements of universities to provide accommodations for foreign students and their families. 13.3. Councillor Nieuwesteeg brought forth the following NEW BUSINESS: Councillor Nieuwesteeg spoke to the recent drowning in the Welland River and asked for comments from the Fire Chief regarding safety measures and protocols from the various emergency services. Fire Chief Zambito spoke to the matter and notified Council of a plan to form a committee and create educational material about the dangers and means to increase safety measures. Page 15 of 37 14 MOTIONS 14.1. Property Standards By-law At the June 18th, 2024 Council meeting, Councillor Patel brought forth the following motion: Moved by Councillor Mona Patel Seconded by Councillor Mike Strange THAT Staff be DIRECTED to amend the property standards by-law to expand the scope of the by-law to include private property concerns such as tall grass, vacant buildings, and graffiti and also give direction to staff to consider ways to maintain public property such as weeds on boulevards, islands, traffic triangles, roundabouts, and overflowing garbage at the public parks and trails; AND, FURTHERMORE, THAT Council DIRECT BIAs and commercial plaza owners to do their first landscaping, including grass cuttings, weed clean up, and flower planting before the Victoria Day long weekend, if possible and if permitted by weather. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 14.2. City of Niagara Falls - Downtown Committee At the June 18th, 2024 Council meeting, Councillor Patel brought forth the following motion: Members of the Public offered comments on the proposed downtown Committee. After this Item, Council returned to Agenda Item# 8.1. Moved by Councillor Mona Patel Seconded by Councillor Mike Strange THAT Council FORM a Downtown Committee made up of: Council Members, and the downtown merchants or other stakeholders, 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. AND, FURTHERMORE, THAT Staff be DIRECTED to bring back a staff report on how such a committee can be formed, including criteria and an application/appointment process. CARRIED. Councillors Thomson and Campbell were absent from vote. Councillor Lococo was opposed. Page 16 of 37 14.4. City of Niagara Falls - Hosting of Events (SpringLicious and Christmas Market) At the June 18th, 2024 Council meeting, Councillor Patel brought forth the following motion: Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT Staff be DIRECTED to come back with a report outlining options and plans for hosting events similar to, but not limited to SpringLicious and the Christmas Market including financial implications and funding models, including but not limited to, grants, possible partnerships and special reserves. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 15 BY-LAWS 2024- A by-law to amend By-law No. 2007-41 being a by-law to regulate maintaining 069. of land in a clean and clear condition. 2024- A by-law to authorize the execution of an Agreement with The Association of 070. Municipalities of Ontario (AMO) in order to participate in the renewed 10-year Municipal Funding Agreement (MFA) for the administration of the Canada Community -Building Fund (CCBF). 2024- A by-law to establish Part 4 on 59R-18002 as a public highway to be known as, 071. and, form part of Mewburn Road. 2024- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and 072. traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Loading Zones, Pedestrian Crossovers, Loading Zones, Weight Limits on Bridges). 2024- A by-law to adopt, ratify and confirm the actions of the City Council at its 073. meeting held on the 16th day of July, 2024. Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT the by-laws be read a first, second and third time. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. 16 ADJOURNMENT a) Adjournment Moved by Councillor Tony Baldinelli Seconded by Councillor Mona Patel That Council ADJOURN the meeting at 8:37 PM. CARRIED UNANIMOUSLY. Councillors Thomson and Campbell were absent from vote. Page 17 of 37 Mayor City Clerk Page 18 of 37 Niagara MINUTES falls City Council Meeting ANADA 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 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 Page 19 of 37 Baglieri in our Municipal Works Department b) Mayor Diodati mentioned the following City events: 40U40 Awards Gala [photo] -Also attended by Councillor Patel Niagara Canada International Film Festival [photol Lucas Bandi Fight [photo] -Also attended by Councillors Strange and Patel Annual Ching Ming Festival [photol Mathew Fisher — Elevator Operator Certificate Presentation [Whotol -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 [photol -Also attended by Councillors Patel and Nieuwesteeg -Happy Father's Day Councillor Representation [photos as submitted by Councillorsl Councillor Strange- Fillipino 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 El Pinche Taco & Mercadito Latino oAlso attended by Councillors Nieuwesteeg ]Stamford Library Grand Opening oAlso attended by Councillors Lococo, Thomson, Pietrangelo, Patel, Strange and Nieuwesteeg -1Shelby's Shawarma Grand Opening oAlso attended by Councillors Nieuwesteeg, Patel, Strange and Pietrangelo Page 2 of 19 Page 20 of 37 �]Simar's Barbershop Grand Opening oAlso attended by Councillors Patel and Nieuwesteeg Flagg 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 Page 21 of 37 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 Page 22 of 37 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 Page 23 of 37 the filing of a Record of Site Condition, the submission of an updated Wind Study, and the completion of a Heritage Impact Assessment. 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 staffs 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 staffs 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 Page 24 of 37 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 Page 25 of 37 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 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 Page 26 of 37 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 Page 27 of 37 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 Page 28 of 37 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 Page 29 of 37 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 Page 30 of 37 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: 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 Page 31 of 37 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 Page 32 of 37 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 Page 33 of 37 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, 5913-17565, 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 Page 34 of 37 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). kl-a-y—o ity Clerk Page 17 of 19 Page 35 of 37 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: Page 18 of 19 Page 36 of 37 - 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, BAD Interim CEO/Registrar, MPP Jill Dunlop and all Ontario municipalities. Page 19 of 19 Page 37 of 37