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05/10/2022Niagara MINUTES Cit Council Meetina Falls ANADA 4:00 PM - Tuesday, May 10, 2022 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, May 10, 2022, at 4:00 PM, in the Council Chambers/Zoom App., with the following members present: PRESENT: Mayor Jim Diodati, Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (Chambers) Councillor Carolynn loannoni (via Zoom). COUNCIL Councillor Wayne Campbell ABSENT: STAFF Jason Burgess, Bill Matson, Margaret Corbett, Shawn Oatley, PRESENT: (Council Chambers) 1 IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In -Camera Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council enter into an In -Camera session. Carried Unanimously 2. CALL TO ORDER The Open Council Meeting was called to order at 5:42 PM. O Canada: Performed by: Victoria Calder (recorded version) Land Acknowledgement and Traditional Indigenous Meeting Opening: Brian Kon 3. ADOPTION OF MINUTES 3.1. Council Minutes of April 12, 2022 Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That Council approve the minutes of the April 12, 2022 meeting as presented. Carried Unanimously Page 1 of 20 4. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Lori Lococo declared a conflict of interest to the following agenda items, as they all relate to the Downtown BIA, spouse's former employer: • Item #9.2 - MW -2022-24 - Free Parking • Item #11.3 - Correspondence from Downtown BIA • Item #12.1 - Downtown BIA security request • Item #12.5 - Downtown BIA - multiple requests Councillor Lori Lococo also declared a conflict of interest to: • Item #9.9 - R&C-2022-08 - Niagara Falls Art Gallery (Fee for Service) as she sits on the board as a resident. b) Councillor Vince Kerrio declared a conflict of interest to the In -Camera report, CAO -2022-06 as their may be participation by the hotel association and to Item #8.6 - F-2022-24 - Property Tax Incentives for Hotels that Help Resettle Ukrainian Refugees. c) Councillor Victor Pietrangelo declared a conflict of interest to In -Camera report - MW -2022-25 - Land acquisitions are part of a road widening that affects lands owned by family members and to Item #11.2, (7) - Niagara Regional Report PDS 14-2022 - Proposed Official Plan, parts specific to the SABR-settlement area boundary review as family owns lands that are affected. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Judy Orr, former City Councillor, for more than 20 years. • Ian Greaves, Member of the Accessibility Committee for many years. • Jake Hiebert, long-time business owner of Jake's French Fry Truck. • Emeline Burgess, mother of CAO, Jason Burgess. • Gino Felicetti, father of Director of Business Development, Serge Felicetti. b) Mayor Diodati mentioned the following events: Soppressata Night at Club Italia— • Also attended by Councillors Strange, Pietrangelo, Kerrio. • Opening of Canada Games Park [picture shown of Mayor and Shelley) • NF partnered with North West Territories and will host a community ceremony Saturday, August 13th with our Territory partners! • Baseball and golf being hosted in Niagara Falls National Day of Mourning • Ceremony held at City Hall on Thursday, April 28th/ flag lowering • Stamford Centre Volunteer Firefighter's 100th Anniversary [picture shown] • George Alderton, 93 years, member since 1959 • Annual carnival, Easter Egg Hunt • • Central Community Church – ribbon cutting [pictures shownl Page 2 of 20 • Moved from St. Catharines • Big success/ open/ welcoming • Pastor Bill Flag Raising for Poland's Constitution Day [picl • Arranged by Councillor Dabrowski • Also attended by Councillors Mike Strange & Wayne Thomson City Council Representatives SPARK Open House & Pitch Competition Sunrise Rotary Tree Planting Councillor Strange Councillor Strange, also attended by Councillor Lococo Grand Openings/ Business Happenings [photos for each onel • Stok'd Cannabis— also attended by Wayne Thomson • Nature's Canopy House & Munchie World • Salt Water Beauty • Trick Art Box c) The next Council meeting is scheduled for Tuesday, May 31st, 2022. 6. DEPUTATIONS / PRESENTATIONS 6.1. Firefighter Award of Bravery Fire Chief, Jo Zambito and Justin Canestraro, President of the Niagara Falls Professional Firefighters Association, recognized one of the members whom is the recipient of the "Ontario Firefighter medal of bravery." They will be joined by members of the Niagara Regional Police Marine Unit and the Niagara Parks Police Services and Niagara Helicopters. Aaron Tate was nominated for his heroic acts in the summer of 2020 when he entered the the class 5 rapids of the lower Niagara River to attempt to secure a young boy stuck on a rock with water levels rapidly rising. The water took an unexpected turn and Aaron was unfortunately swept away and taken down stream through the class 5 rapids on the river. He was picked up down stream past the power plant by a police boat who heard the radio transmission. In attendance: • Tim Eaton, Niagara Regional Police Officer • Sgt. Lance Dobbin and Sgt. Shawn Black from the Niagara Parks Police • Anna Pierce (expressed gratitude by saying a few words) and Pilot Rene Huessy from Niagara Helicopters. • Superintendent Marco Giannico, representing Niagara Regional Police Chief, Bryan MacCullogh, said a few words. • April Jeffs, Niagara Parks Commission Chair • David Adames, Niagara Parks CEO • Paul Forcier, Niagara Parks Police Chief said a few words • Eric Ellwood, Acting Inspector, Niagara Police. 6.2. Key to the City Presentation - Dr. W. Gifford Jones, MD (Dr. Ken Walker) Page 3 of 20 Mayor Jim Diodati presented Dr. W. Gifford Jones (Dr. Ken Walker) with a "Key to the City." Dr. Ken Walker, Dr. W. Gifford-Jones • Attending along with him: o His wife, Susan Walker o His four children, Robert, John, Brett and Diana o Plus one of his 12 grandchildren, Fae. • A proud moment to recognize Dr. W. Gifford Jones, celebrated author, Tong-loved columnist and innovative wellness guru. • Before his writing life and taking on the pseudonym of Dr. W. Gifford Jones, Dr. Ken Walker lived and raised his family in Niagara Falls and had his medical practice here. • He studied at Harvard Medical School, the University of Toronto, University of Rochester and McGiII University. • Has published a total of 9 books – with a major focus being not afraid to challenge standard medical practices and to use innovation in medicine and wellness. • He, himself, suffered a severe heart attack at the age of 74 and famously started taking high doses of vitamin C. He was able to wean himself off of prescription drugs, to the chagrin of many medical doctors who opposed this idea. • You may be asking—how old is he now? 98 years young! • The "W. Gifford-Jones MD Prize for Humanity" was created to encourage those who try unconventional and innovative solutions and perform a service to humanity by doing so. • His celebrated weekly column boasted some 7 million readers and was first published in 1975. It was syndicated and published internationally throughout Canada and the United States. • Today, it is our pleasure to celebrate Dr. W. Gifford Jones the author and columnist, Dr. Ken Walker, the doctor and community member. • We are presenting Dr. Walker with the Key to the City of Niagara Falls. • This key is special—it was designed by young local artist, Sephira Scappaticci who is a special community member herself. o Not only was she clearly a gifted artist—having painted her interpretation of Van Gogh's "Starry Night" on this key but was a celebrated student at St. Paul High School when she did so. o She was enrolled in the Science Mentorship Program at Brock University, graduated as the class Valedictorian with Honour Roll, received academic excellence award in Visual Arts and is currently studying Kinesiology at McMaster University. o The inscription reads: Dr. Ken Walker Dr. W. Gifford-Jones Beloved columnist, author, medical journalist Making your hometown proud! May 10th, 2022 6.3. Niagara Fiesta Extravaganza Page 4 of 20 The first Niagara Fiesta Extravaganza, organized by the Filipino community in Niagara will be held at Firemen's Park on Saturday, July 30, 2022. The organizers, Eileen Tinio-Hind, Rizzo Gatbonton and Valerio "Mak" Makinano will made a presentation at Council inviting the Niagara Falls City Council and staff, and the community to attend this event, the first in our city. There are four other Fiesta Extravaganza events in selected cities in Ontario. Niagara Fiesta Extravaganza is a celebration of Filipino Heritage and Culture in the region and across Canada with highlights such as Musical Extravaganza, Cultural Presentations, Non -Stop Entertainments, Food Expo, Exhibits, Games and Community Spotlight. Moved by Councillor Chris Dabrowski Seconded by Councillor Mike Strange That Council direct staff to help promote the Niagara Fiesta Extravaganza through social media channels and on our City's website. Carried Unanimously 7 PLANNING MATTERS 7.1. PBD -30 AM -2021-028, Zoning By-law Amendment 5360 Royal Manor Dr (5 Townhouse Units) Applicant: Anthony Vacca Agent: South Coast Consulting (Steven Rivers) 5 Townhouse Units Councillor Dabrowski left the meeting. The Public Meeting commenced at 6:50 PM. Alexa Cooper, Planner 2, gave an overview of the background report PBD - 2022 -30. Steven Rivers, acting as the agent from South Coast Consulting, spoke in support of the application by sharing a brief presentation. Public meeting was closed at 7:08 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council approve the Zoning By-law amendment application to rezone the land a site specific Residential Mixed (R3) zone to permit a 5 unit townhouse dwelling, subject to the regulations outlined in this report. Carried Unanimously (Councillor Dabrowski was absent from the vote). 7.2. PBD -2022-31 AM -2021-029, Zoning By-law Amendment 5360 Royal Manor Dr (apartment building) Page 5 of 20 Applicant: Anthony Vacca Agent: South Coast Consulting (Steven Rivers) 3 Storey, 25 Unit Apartment Building Councillor Dabrowski returned to the meeting. The Public Meeting commenced at 7:08 PM. Alexa Cooper, Planner 2, gave an overview of the background report PBD - 2022 -31. Steven Rivers, acting as the agent from South Coast Consulting, spoke in support of the application by sharing a brief presentation. Public meeting was closed at 7:15 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Vince Kerrio That Council approve the Zoning By-law amendment application to rezone the land a site specific Residential Apartment 5A (R5A) Density zone to permit a 3 storey, 25 unit apartment building, subject to the minimum landscape open space requirement being maintained at 30% of the lot area. Carried Unanimously 8. REPORTS 8.1. CLK-2022-09 Fee Waiver Applications - Niagara Children's Centre - The Plasma Car Race Hockey Canada Foundation - Hockey Canada Foundation Gala & Golf Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council approve the Fee Waiver Applications for: 1. Niagara Children's Centre - The Plasma Car Race - in the amount of $368.42 for the waiving of fees for the Gale Centre Arena Floor Rental. 2. Hockey Canada Foundation - Hockey Canada Foundation Gala & Golf - in the amount of $2,644.20 for the waiving of fees for the WEGO bus charter (18 hours). 3. That Council acknowledge the out of budget expenditure (if approved, the fee waiver budget would be over -budget by $12,253.05) and to have Staff find a positive variance to help fund this budgetary overrun. 4. That Council direct Staff to review the fee waiver expenditures prior to the 2023 budget planning process. Page 6 of 20 Carried Unanimously 8.2. F-2022-15 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. Carried Unanimously 8.3. F-2022-18 Monthly Tax Receivables Report - March Moved by Councillor Victor Pietrangelo Seconded by Councillor Vince Kerrio That Council receive the Monthly Tax Receivables report for information purposes. 8.4. F-2022-22 2022 Property Tax Rates Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council approve the 2022 Property Tax Rates. Carried Unanimously Carried Unanimously 8.5. F-2022-23 Final Tax Notice Due Dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. That June 30 and September 30 be approved as the 2022 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. 2. That August 31 and October 31 be approved as the 2022 Final Due Dates for the Commercial, Industrial and Multi -residential Assessment Classes. Page 7 of 20 Carried Unanimously 8.6. F-2022-24 Property Tax Incentives for Hotels That Help Resettle Ukrainian Refugees Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson That Council direct Staff to forego the creation of a one-time property tax credit for Hotels as the City would be at risk of violating Municipal Act 106. Carried Unanimously (Councillor Kerrio declared a conflict). 8.7. F-2022-25 Capital Financing and Debt Management Policy Moved by Councillor Vince Kerrio Seconded by Councillor Mike Strange 1. That Council adopts a new Capital Financing and Debt Management Policy for the City of Niagara Falls 2. That Staff be directed to prepare the necessary by-law to adopt the policy attached as Attachment 1. Carried Unanimously 8.8. L-2022-03 On -Demand Surety Bonds Policy Our File No. 2022-71 Moved by Councillor Victor Pietrangelo Seconded by Councillor Vince Kerrio 1. That Council adopt a policy regarding the use of on -demand surety bonds ("Surety Bond Policy"), which will be effective for a two-year pilot period, and which will take the form at Appendix "1" attached to this report; 2. That Council direct staff to update the language used in development agreement templates to permit surety bonds that conform to the Surety Bond Policy as an acceptable form of security; 3. That Council direct staff to report back on the uptake and any challenges encountered with surety bonds within two years of accepting the first on -demand surety bond under the Surety Bond Policy; Page 8 of 20 4. That Council direct staff to take all necessary actions, including the execution of all necessary documentation, to give effect to the two-year pilot of the Surety Bond Policy. Carried Unanimously 8.9. MW -2022-23 Rural Arterial Roads Emergency Improvements Moved by Councillor Victor Pietrangelo Seconded by Councillor Vince Kerrio 1. That Council approve the extension of 2022 Road Resurfacing Contract for a change order to include the addition of: a. Kalar Road - From Thorold Stone Road to 190 metres south of Niven Street 2. That Council approve the extension of the 2022 Surface Treatment Contract for a change order to include the addition of: a. Garner Road - Hendershot Boulevard to 150 metres northwards b. Garner Road - McLeod Road to Black Forest Crescent c. Garner Road - Black Forest Crescent to Forestview Boulevard d. Beechwood Road - Lundy's Lane to Nichols Lane e. Beechwood Road - Nichols Lane to McLeod Road 3. That Council approve the use of available funding within the budget for the 2022 Road Resurfacing Contract to fund the change in scope in the estimated amount of $300,000. 4. That Council approve a budgetary increase of $506,000 to the existing 2022 Surface Treatment Contract amount of $582,475 approved in the 2022 Capital Budget, and that it be funded from unallocated Canada Community -Building Fund (CCBF) reserves. Carried Unanimously 8.10. PBD -2022-32 Information Report Future Hospice Care Centre for Niagara Falls Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council receive this staff report for information purposes and to direct staff to start an Expression of Interest (EOI) for the provider and the site in order to have a hospice built in the City of Niagara Falls. Carried Unanimously 8.11. PBD -2022-39 Initiation Report: Official Plan Amendment and Housing Policies Housekeeping Amendment Page 9 of 20 Moved by Councillor Vince Kerrio Seconded by Councillor Chris Dabrowski 1. That Council receive this staff report for information purposes. Carried Unanimously 8.12. HR -2022-01 Filling Vacancy for Diversity & Inclusion Advisory Committee Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council approve the following two (2) candidates to fill the vacancies for the Diversity and Inclusion Advisory Committee: - Mr. Brian Kon - Ms. Donna Pierre Carried Unanimously 8.13. PBD -2022-40 Public Outreach on the Affordability Task Force Recommendations, Proposed Bill 109 and Missing Middle Housing Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council receive this report for information purposes . Carried Unanimously 9. CONSENT AGENDA 9.1. B D D-2022-001 Small Business Enterprise Centre (SBEC/BDD) Ministry of Economic Development, Job Creation and Trade SBEC Program Transfer Payment Agreement Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski Council authorize the Mayor and Clerk to sign the SBEC-MEDJCT SBEC Program Transfer Payment Agreement. 9.2. MW -2022-24 Queen Street —15 Minute Free Parking Zones Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski Carried Unanimously Page 10 of 20 That Council approve the installation of five (5) short duration (15 minutes or Tess) parking spaces along Queen Street to support businesses and allow customers up to 15 minutes of free parking to attend the establishment to pick- up or drop-off goods and services. That Council direct Staff to coordinate the final locations with the Downtown BIA and provide the resulting amendments to By-law #89-2000 at the May 31, 2022 Council meeting. Carried Unanimously (Councillor Lococo declared a conflict). 9.3. PBD -2022-33 PLC -2022-006, Request for Removal of Part Lot Control Block 106, Registered Plan 59M-484, Forestview Estates 7340-7372 Matteo Drive Applicant: Kenmore Drive Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That Council approve the request and pass the by-law to exempt Block 106, Registered Plan 59M-484 from Part Lot Control for a period of two years. Carried Unanimously 9.4. PBD -2022-34 PLC -2022-004, Request for Removal of Part Lot Control Lots 40, 41, and 49 to 53 inclusive, Registered Plan 59M-491, Chippawa West 9232, 9234, 9248, 9250, 9256, 9258, 9266, 9268, 9272 and 9274 Griffon Street Applicant: LH (Niagara) Ltd. Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That Council approve the request and pass the by-law included in today's agenda to exempt Lots 40, 41, and 49 to 53 inclusive, Registered Plan 59M- 491 from Part Lot Control for a period of two years. Carried Unanimously 9.5. PBD -2022-35 AM -2018-012, Exemption Request to 2 -Year Waiting Period for a Minor Variance Chippawa East Draft Plan of Subdivision North side of Willick Road between Sodom Road and Willoughby Drive Moved by Councillor Chris Dabrowski Seconded by Councillor Wayne Thomson Page 11 of 20 That Council consider passing the resolution to grant an exemption to the 2 - year waiting period for minor variances to allow Queensway Chippawa Properties Inc. to file an application to the City's Committee of Adjustment for the proposed development. Carried (Councillor Lococo opposed to the vote). 9.6. PBD -2022-36 PLC -2022-007, Request for Removal of Part Lot Control Block 109, 110, & 111, Registered Plan 59M-484, Forestview Estates 7153-7213 Parsa Street Applicant: Marken Homes Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That Council approve the request and pass the by-law to exempt Block 109, 110, & 111, Registered Plan 59M-484 from Part Lot Control for a period of two years. Carried Unanimously 9.7. PBD -2022-37 PLC -2022-005, Request for Removal of Part Lot Control Block 101, Registered Plan 59M-484, Forestview Estates 7381-7421 Matteo Drive Applicant: Mountainview Homes (Niagara) Ltd. Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That Council approve the request and pass the by-law to exempt Block 101, Registered Plan 59M-484 from Part Lot Control for a period of two years. Carried Unanimously 9.8. PBD -2022-38 PLC -2022-008, Request for Removal of Part Lot Control Lots 19, 20, 22, 23, 57, & 58, Registered Plan 59M-491, Lyons Creek Phase 5 9342-9350 White Oak Ave (Lots 19 and 20); 9337-9343 White Oak Ave (Lots 22 & 23); and 4243-4259 Shuttleworth Drive (Lots 57 & 58) Applicant: Mountainview Homes (Niagara) Ltd. Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That Council approve the request and pass the by-law to exempt Lots 19, 20, 22, 23, 57, & 58, Registered Plan 59M-491 from Part Lot Control for a period of two years. Page 12 of 20 Carried Unanimously 9.9. R&C-2022-08 NFAG (Niagara Falls Art Gallery) 2022 Fee for Service Agreement Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That City Council receive for information the one-year (2022) Fee for Service Agreement for the Niagara Falls Art Gallery (NFAG). Carried Unanimously (Councillor Lococo declared a conflict). 9.10. R&C-2022-09 The dissolution of the Coronation 50 Plus Advisory Committee and the Rescinding of the Coronation 50 Plus Recreation Centre Constitution Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That council approve the dissolution of the Coronation 50 Plus Advisory Committee and to rescind the Coronation 50 Plus Recreation Centre constitution. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1 Special Occasion Permit Request - 2022 Niagara Falls Rotary Ribfest Scott Wright, event organizer, for the 2022 Niagara Falls Rotary Ribfest is requesting that the City of Niagara Falls declare the "2022 Niagara Falls Rotary Ribfest," on June 17,2022 -June 19, 2022 as "municipally significant" and "Community Festival" in order to assist with obtaining a Special Occasion Permit from AGCO. 10.2. Proclamation Request - National Public Works Week On behalf of the many women and men employed to serve our community in the Municipal Works Division, our Director of Municipal Works, Erik Nickel, is kindly requesting the City of Niagara Falls to proclaim May 15 to 21, 2022 as National Public Works Week. 10.3. Proclamation Request - World Ocean Day - June 8th - Motion for Ocean Protection Attached is a resolution in support of recognizing and celebrating "World Oceans Day 2022" on Wednesday, June 8, 2022 and the advancement of ocean conservation in Canada. 10.4. Historic Drummondville BIA 2022 Proposed Budget Attached is the Historic Drummondville BIA 2022 proposed budget. This budget was approved by the board during their March 9 2022 AGM. Page 13 of 20 10.5. Lundy's Lane BIA - 2022 Budget Attached is the 2022 Lundy's Lane BIA budget as approved by the Board on May 5, 2022. 10.6. Noise By-law Exemption - Chippawa Slo Pitch Tournament and Street Dance The Chippawa Volunteer Fire Association is requesting Council to approve a noise exemption on Saturday, July 16, 2022 until 11:30 PM as they host the Annual SPN Slo-Pitch Tournament and Street Dance. Moved by Councillor Vince Kerrio Seconded by Councillor Chris Dabrowski That Council approve/support Item #10.1 through to and including Item #10.6. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Township of Mulmur - More Homes for Everyone Act Attachedis a resolution passed by the Council of the Township of Mulmur regarding the More Homes for Everyone Act. 11.2. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following matters: 1) Provincial report and Regional staff comments regarding the Ontario Housing Affordability Task Force. 2) Niagara Region Correspondence respecting: PDS 13-2022-2021 Reserve Water and Wastewater Treatment Capacities. 3) Niagara Region Correspondence respecting: PW 11-2022 Inspection Programs and Condition of Niagara Region Trunk Sanitary Sewer Infrastructure 4) Niagara Region Correspondence respecting: PW 14-2022 Inspection of Regional Water Infrastructure 5) Niagara Region Correspondence respecting PDS 4-2022 Development Applications Monitoring Report - 2021 Year End 6) Niagara Region Correspondence respecting PDS 9-2022 2021 Census Series: Population and Dwelling Counts 7) Niagara Regional Report PDS 14-2022 - Proposed Niagara Official Plan 11.3. Correspondence from Downtown BIA - Recognition of Downtown BIA at the 2022 Ontario BIA Association Conference Letter attached from the Downtown BIA informing Council of recent recognition at the 2022 Ontario BIA Association Conference in Niagara Falls. 11.4. Resolution - City of Thorold Page 14 of 20 At its meeting held on May 3, 2022, Thorold City Council adopted the following resolution respecting Council's submission to the Province pertaining to Bill 109 and the recommendations proposed by the Province's Housing Affordability Task Force. 11.5. Ontario Ombudsman Review The Ombudsman has completed his review into a closed meeting complaint. 11.6. Comments from Resident - practice of submitting comments to Council Attached are comments from Joedy Burdett regarding our process for submitting comments to published Council agendas. Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange That Council receive and file for information Item #11.1 through to and including Item #11.6. Carried Unanimously (Councillor Kerrio declared a conflict to #11.1; Councillor Pietrangelo declared a conflict to #11.2- 7) and Councillor Lococo declared a conflict to #11.3). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Downtown Security Cameras - Request for Council The Downtown BIA is seeking permission from the Niagara Falls' Council to install security cameras on the arches in Downtown. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange That Council refer to staff the matter regarding Downtown security cameras and to delegate the authority for care and control of the cameras to the NRP. Carried Unanimously (Councillor Lococo declared a conflict). 12.2. Change of Street Name Request - Jake Hiebert Way Rich Merlino is requesting the renaming of St. Clair Avenue (the portion between Queen Street and Park Street), where Jake's Chip Wagon conducted business for many years to JAKE HIEBERT WAY. 12.3. Unlawful activity on Willow Road - Letter from resident's solicitors Attached is a letter from resident, Mr. White's legal counsel, for further discussion to determine Council direction. 12.4. Letter from resident regarding garbage and rats Attached is a letter from a resident regarding a suggesting to have a by-law that would require landlords to provide enclosed units to house garbage. 12.5. Correspondence from Downtown BIA Attached is a letter with multiple requests from the Downtown BIA. Page 15 of 20 Moved by Councillor Vince Kerrio Seconded by Councillor Chris Dabrowski That Council refer to staff Item #12.2 through to and including Item #12.5. Carried Unanimously (Councillor Lococo declared a conflict to Item #12.5). 13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 13.1. Letter for Niagara Falls City Council - Request for ban The Founder & Volunteer Community Director, from NiagaraGives, sent correspondence requesting Council to consider a city-wide ban on the public display or usage of pro -Soviet or pro-Ruscist symbols. RECOMMENDATION: As this is a matter not within Council's jurisdiction it is recommended that it be received for the Information of Council. Moved by Councillor Mike Strange Seconded by Councillor Vince Kerrio That this matter be received for the information of Council. Carried Unanimously 13.2. Cross Border Travel and ArriveCan Attached is a letter from the Niagara Falls Bridge Commission and the Buffalo and Fort Erie Bridge Authority regarding the Arrive Can application. RECOMMENDATION: That Council endorse the letter received from the Niagara Falls Bridge Commission and the Buffalo and Fort Erie Bridge Authority to ask the Government of Canada to continue to market the Arrive Can application as an "optional" tool when crossing the border and that it no longer be a mandatory requirement. AND that a copy of the letter and Council's motion be forwarded to the Public Health Agency of Canada, bordering municipalities across Ontario, Members of Parliament for Niagara and Local Area Municipalities in Niagara for support. Moved by Councillor Vince Kerrio Seconded by Councillor Chris Dabrowski That Council endorse the letter received from the Niagara Falls Bridge Commission and the Buffalo and Fort Erie Bridge Authority to ask the Government of Canada to continue to market the Arrive Can application as an "optional" tool when crossing the border and that it no longer be a mandatory requirement. AND that a copy of the letter and Council's motion be forwarded to the Public Health Agency of Canada, bordering municipalities across Ontario, Members of Parliament for Niagara and Local Area Municipalities in Niagara for support. Page 16 of 20 Carried (Councillor Lococo opposed to the vote). 14. RESOLUTIONS 14.1. PBD -2022-35 AM -2018-012, Exemption Request to 2 -Year Waiting Period for a Minor Variance Chippawa East Draft Plan of Subdivision North side of Willick Road between Sodom Road and Willoughby Drive That subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2 -year waiting period for minor variances and thereby allows Queensway Chippawa Properties Inc. to file an application to the City's Committee of Adjustment for the development of their Plan of Subdivision that is regulated by By-law No. 2022-06. Moved by Councillor Mike Strange Seconded by Councillor Chris Dabrowski That Council approve resolution #6 pertaining to PBD -2022-35. Carried (Councillor Lococo was opposed to the vote). 15. RATIFICATION OF IN -CAMERA a) Ratification of In -Camera Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange That Council: 1. Direct staff regarding information about the Niagara District Airport; 2. Direct staff regarding the former Coronation Building on Summer Street. 3. That Council delegate authority to the CAO, or his designate, for all matters related to the acquisition of properties and easements necessary to accomplish road widenings and dedications in support of the Montrose Road, Reixinger Road, and Biggar Road improvements identified in the Montrose Road and Lyons Creek Road/Biggar Road Municipal Class Environmental Assessment, driven by the development of the new South Niagara Hospital and surrounding lands; and further, 4. That Council approve a 2022 Capital Budget amendment totalling $660,000 for the purposes of land acquisition related recommendation 1, to be funded by capital special purposes reserve and development charges where permissible; and further, 5. That the Chief Administrative Officer, or his designate, be authorized to execute all agreements and documentation and take whatever steps necessary to carry out Recommendation 1 of report MW -2022-25. Carried (Councillor Lococo was opposed to item #1, pertaining to the Niagara District Airport: Councillor Kerrio declared a conflict to #1, Page 17 of 20 Niagara District Airport report and Councillor Pietrangelo declared a conflict to #3,#4 & #5 pertaining to MW -2022-25. 16. NOTICE OF MOTION/NEW BUSINESS a) Fireworks Display - Daily - City of Niagara Falls Councillor Lococo expressed noise and environmental concerns of the daily fireworks display at the Falls. b) Weightman Bridge - Chippawa - Installation of Lights Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson That Council waive the procedural by-law and that staff look into lighting up the Weightman Bridge in Chippawa and investigate the costs for nightly lighting of various colours for monthly causes such as Childhood cancer awareness, autism , breast cancer awareness and for staff to outsource with potential partners like NPEI, Festival of Lights, Niagara Parks Commission for sponsorship opportunities. Carried Unanimously c) Environmental Concerns Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo That Staff waive the procedural by-law and that staff be directed to bring a report back to Council on environmental concerns regarding Fourth Avenue and the roundabout at Bridge Street and Victoria Avenue. Carried Unanimously 17. BY-LAWS 2022- A by-law to set and levy the rates of taxation for City purposes, for Regional 43. purposes, and for Education purposes for the year 2022. 2022- A by-law to provide for the adoption of Amendment No. 142 to the City of 44. Niagara Falls Official Plan. 2022- A By-law to amend By-law No. 79-200, as amended, to provide updated land 45. use permissions related to the growth of cannabis for both medical and commercial purposes. 2022- A By-law to amend By-law No. 1538 for the Township of Crowland, as 46. amended, to provide updated land use permissions related to the growth of cannabis for both medical and commercial purposes. Page 18 of 20 2022- A By-law to amend By-law No. 395 (1996) for Willoughby Township, to 47. provide updated land use permissions related to the growth of cannabis for both medical and commercial purposes. 2022- A By-law to amend By-law No. 70-69 for the former Township of Humberstone 48. now in the City of Niagara Falls, as amended, to provide updated land use permissions related to the growth of cannabis for both medical and commercial purposes. 2022- Being a by-law to amend Site Plan Control By-law No. 2011-113. 49. 2022- A by-law to designate Lots 40, 41, & 49-53 (inclusive), Registered Plan 59M- 50. 491, not to be subject to part -lot control (PLC -2022-004). 2022- A by-law to designate Block 101, Registered Plan 59M-484, not to be subject 51. to part -lot control (PLC -2022-005). 2022- A by-law to designate Block 106, Registered Plan 59M-484, not to be subject 52. to part -lot control (PLC -2022-006). 2022- A by-law to designate Blocks 109, 110, & 111, Registered Plan 59M-484, not 53. to be subject to part -lot control (PLC -2022-007). 2022- A by-law to designate Lots 19, 20, 22, 23, 57, & 58, Registered Plan 59M-491, 54. not to be subject to part -lot control (PLC -2022-008). 2022- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 55. employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2022- A by-law to adopt, ratify and confirm the actions of City Council at its meeting 56. held on the 10th day of May, 2022. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That the by-laws be read a first, second and third time and passed. Carried (Councillor Lococo opposed to by-laws 44, through to and including by-law - 48). 18. ADJOURNMENT a) Adjournment Moved by Councillor Chris Dabrowski Seconded by Councillor Vince Kerrio That Council adjourn the meeting at 8:19 PM. Page 19 of 20 Carried Unanimously Page 20 of 20