11/22/2022Niagara MINUTES
JqNAD Cit Council Meeting
A
4:00 PM - Tuesday, November 22, 2022
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday,
November 22,2022, at 5:20 PM, in the Council Chambers, with the following members present:
COUNCIL Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne
PRESENT: Campbell, Councillor Lori Lococo, Councillor Ruth -Ann Nieuwesteeg,
Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike
Strange, Councillor Wayne Thomson.
STAFF Jason Burgess, Bill Matson, Kira Dolch, Erik Nickel, Chief Jo Zambito,
PRESENT: Andrew Bryce, Nidhi Punyarthi, Tiffany Clark, Shelley Darlington.
James Dowling (for presentation), Alexa Cooper (for presentation) (all
present in Chambers)
Kathy Moldenhauer, Trent Dark, Margaret Corbett (present via Zoom).
1. IN CAMERA SESSION OF COUNCIL
1.1. Resolution to go In -Camera
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
That Council enter into an In -Camera session.
Carried Unanimously
2. CALL TO ORDER
The meeting was called to order at 5:20 PM.
3. ADOPTION OF MINUTES
3.1. Council Minutes of September 12, 2022
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
That Council approve the minutes of the September 12, 2022 meeting as
presented.
Carried Unanimously
4. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Tony Baldinelli declared a conflict of interest to Item #10.5, Memo
from Planning regarding, PLC -2022-012, Part Lot Control Application and DB -
Page 1 of 21
2022-001, Deeming By-law Application, as the matter relates to a next door
neighbour.
b) Councillor Ruth -Ann Nieuwesteeg declared a conflict of interest to Item #7.2 -
PBD -2022-71, 26CD-11-2022-005, Draft Approval Plan of Condominium, 5940
Carlton Avenue, as she owns property on Barker Street.
c) Councillor Victor Pietrangelo declared a conflict of interest to the following
matters on the agenda:
• Item #8.9 - MW -2022-54 - Road widening report.
• Item #8.1 - F-2022-51 - 2023 City of Niagara Falls Capital Budget -
Montrose, Biggar, Reixinger - part of a larger project with the Region,
family owns lands that are affected.
• Item #8.11 - PBD -2022-73 - Bill 23, The More Homes for Everyone Act,
2022.
• Item #11.3 - NPCA Comments in respect to Bill 23.
• Item #11.5 - Niagara Region Correspondence - report regarding NPCA
policy document.
• Item #11.7 - City of St. Catharines - St. Catharines Response to Bill 23
(More Homes, Built Faster Act).
• Item #13.1 - Letter from Minister Steve Clark - Ministry of Municipal
Affairs and Housing, regarding housing targets; family owns lands which
can be affected.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Welcome – new term of Council
•Back from break for election – last meeting August, 2022
-Tonight-1st council meeting to deal with council business
•Farewell to former Members of Council:
oChris Dabrowski
oCarolynn loannoni
oVince Kerrio
•Welcome to new members of our team
oTony Baldinelli
oRuth Ann Nieuwesteeg
oMona Patel
•Congratulations to our new Council on your inaugural [photo]
b) Mayor Diodati extended condolences to the following:
• Dorothy Miller - mother of Ray Miller, retired City Employee.
• Katharina Schultz - mother-in-law of Councillor Wayne Campbell.
• David Arsenault - employee in our Municipal Works Department.
• Harry Boutilier - retired Platoon Chief & father of retired Fire Chief, Jim
Boutilier.
• Bruce Johnson - retired Platoon Chief with Fire Services.
• Helen McRae Graham - mother of Chris McRae of our Municipal Works
Department.
• Luigi Greco - father-in-law of Sam Valeo, Director of Building &
Enforcement Services.
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• Dan Alward - retired Volunteer Firefighter & father of volunteer
firefighters, Captain Brad Alward and Brandon Alward.
• Keith Simmonds - formerly the General Manager of Great Wolf Lodge,
friend of the community.
c) City Council Representatives
• 13 for 13 Drum Presentation & Cultural
Festival
• Ivan's Bar 20th Anniversary
• Flag Raising for India's 60th Year of
Independence
• GrowUp Conference
• Flag Raising for India's 60th Year of
Independence
• Retirement Celebration for Rita Pullia, of
our Payroll Department
• Ivan's Bar 20th Anniversary
• Flag Raising for India's 60th Year of
Independence
• A Taste of Cuba BBQ
• AWA Niagara Falls Festival
• Night of Art
• Zonta Club 16 Days of Activism Event
Councillor Strange
Councillor Thomson
Councillor Pietrangelo
Councillor Lococo
Councillor Campbell
Councillor
Nieuwesteeg
Trail Loop Closing Event – Saturday, Oct 1st [photo]
• City of NF Trail System complete loop
• 8 kilometers of trail
• Also attended by
o Councillor Strange, Councillor Dabrowski, Councillor Lococo,
Councillor Campbell, Councillor Pietrangelo, Councillor Thomson
Steve Ludzik Press Box Unveiling – Friday, Oct 7th [photo]
• Former Chicago Blackhawk/ TV analyst & head of Steve Ludzik
Foundation in support of Parkinson's Awareness
• Also attended by Councillors:
o Dabrowski, Thomson, Pietrangelo and Strange
• Steve also recently he received a "Meritorious Award" from the
Governor General of Canada for:
o citizenship/ professionalism in his field/ commitment to his
community
Easter Seals Dancing with the Starts Event – Friday, Oct 14th
[photo].
• Featuring our very own Councillor Mike Strange
• who helped raise XX $
• Also in photo: his partner Susie Mowers & his dance partner (and his
white pants)
Community Bench Dedications & Tree Plantings in Memoriam [photos -21
• Jaylon Craig—his family started the Jaylon Craig Foundation
o Attended by Councillors Lococo, Pietrangelo and Thomson
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• lan Greaves—former member of our Accessibility Advisory Committee
o Attended by Councillors Lococo, Thomson and Pietrangelo
University of Niagara Falls, Canada Announced – Monday, Oct 17th
[photol
• Minister Jill Dunlop, Ontario Minister of Colleges and Universities
• Global University Systems – Cyndi McLeod and Sheldon Levy
• Change the face of Niagara Falls and the downtown core
• Opening in 2024 with first cohort
• Attended by:
o Councillor Campbell, Councillor Kerrio, Councillor Dabrowski,
Councillor Pietrangelo, Councillor Thomson, Councillor Strange
Take Your Kids to Work Day – [photol
• CAO Jason Burgess
• Grade 9 students of parents who work throughout City of NF
Matthew Daniele Memorial Fundraiser – [Photol
• Final year / More than XX raised
• Kudos to all family members and city employee—Chris Daniele
• Also attended by:
o Councillor XX
Remembrance Day Observances – [photol
• In addition to Chippawa Service & Christ Church Service, our City-wide
service was held at the Fairview Cemetery
o Attended by Councillors: Thomson, Patel, Lococo, Strange,
Nieuwesteeg
Volunteer Recognition Night – Monday, Nov 7th – [photol
• Also attended by Councillors: Patel, Neiuwesteeg and Pietrangelo
Santa Claus Parade – Saturday, Nov 12th – [photol
• Tree Lighting Ceremony
• Opening of Christmas Market—on now until Sunday, Dec 18th
• Also attended by: Councillor Pietrangelo
Grand Openings/ Business Happenings [photos for each onel
• Eastern Food Market—also attended by Councillor Strange
• Casimir—also attended by Councillor Pietrangelo
• Dominion Auto Body 60th Anniversary
• Antidote Apothecary—also attended by Councillor Patel and Councillor
Pietrangelo
• Far East 50th Anniversary
d) The next Council meeting is scheduled for Tuesday, December 13, 2022.
6. DEPUTATIONS / PRESENTATIONS
6.1. Civic Recognition - Niagara Falls Falcons 14U - 2022 AA Ontario Baseball
Association (OBA) Champions
Mayor Diodati recognized the accomplishments of the Niagara Falls Falcons
14U - 2022 AA OBA Champions.
6.2. Mayor's Recognition of Bob Pysher - Greater Niagara Baseball
Association (GNBA)
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Mayor Diodati recognized Bob Pysher for his 25 years of service with the
GNBA.
Vito Scaringi, GNBA President, provided brief comments, thanking and
congratulating Bob for his years of service to the association and the players
and families.
7 PLANNING MATTERS
7.1. PUBLIC MEETING
PBD -2022-70
Official Plan Amendment (OPA) No. 154
City Initiated Amendments to Part 4, Implementation and Administration,
of the Official Plan
The public meeting commenced at 6:10 PM.
Andrew Bryce, Director of Planning, provided an overview of the report PBD -
2022 -70.
Chuck McShane, CEO of the Niagara Builders Association, spoke in favour of
the application.
The public meeting was closed at 6:23 PM.
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
That Council approve the amendments to Official Plan, as outlined in this
report and in the draft Official Plan Amendment (OPA) No. 154 shownin
Appendix A.
Carried (Councillor Lococo was opposed).
7.2. Councillor Ruth -Ann Nieuwesteeg left Chambers as she declared a
conflict to Item #7.2.
PUBLIC MEETING
PBD -2022-71
26CD-11-2022-005
Draft Approval Plan of Condominium
5940 Carlton Avenue
Applicant: 5940 Carlton Ave Niagara Falls Holding Company
Agent: Upper Canada Consultants
The Public meeting commenced at 6:30 PM.
Alexa Cooper, Planner 2, provided an overview of the report PBD -2022-71.
Page 5 of 21
William Heikoop, Planner, Upper Canada Planning & Engineering Ltd., spoke
in support of the application.
MaryAnn Zapela, of 6106 Corwin Avenue, spoke in opposition of the
application citing density and environmental concerns.
Antoinette Abrunzo, of 5921 Carlton Avenue, spoke in opposition of the
application citing high density, traffic, parking and congestion concerns.
The public meeting was closed at 6:43 PM.
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Thomson
1. That the Draft Plan of Condominium for 5940 Carlton Avenue be draft
approved subject to the modified conditions in Appendix A;
2. That the notice of decision includes a statement that public input has
been received, considered, and has informed the decision of Council;
3. That the Mayor or designate be authorized to sign the draft plan 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.
6. That Council direct Staff to initiate a traffic and parking study in the area
of A.G. Bridge Park.
Carried Unanimously (Councillor Nieuwesteeg declared a conflict).
8. REPORTS
Councillor Nieuwesteeg returned to Chambers at 6:55 PM.
Councillor Strange left meeting at 6:55 PM.
8.1. F-2022-51
2023 City of Niagara Falls Capital Budget
James Dowling, Senior Manager of Capital Accounting, presented the 2023
City of Niagara Falls Capital Budget.
Moved by Councillor Wayne Campbell
Page 6 of 21
Seconded by Councillor Wayne Thomson
That Council appoint Councillor Victor Pietrangelo as Finance Budget
Committee Chair for the current term of Council.
Carried Unanimously (Councillor Mike Strange was absent from the vote).
Moved by Councillor Lori Lococo
That the City of Niagara Falls form a Budget Committee.
No seconder.
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
1. That the City's 2023 Capital Budget report, presentation and
accompanying material BE RECEIVED;
2. That the City's 2023 Capital Budget, including all funding
recommendations totaling $61,425,481 BE APPROVED;
3. That the projects swapping existing funding allocations as outlined in
Attachment 1, BE APPROVED;
4. That the debt financing outlined in Attachment 2, BE APPROVED and
REFERRED to the City's 2023 operating budget process;
5. That staff BE AUTHORIZED to execute all agreements necessary to
finance capital projects with debentures as outlined in Attachment 2;
6. That the net tax levy impact of 0.54% for 2023 capital projects being
debt financed via the City's 2023 Capital Budget process, inclusive of
debt swaps in Attachment 1, BE APPROVED and REFERRED to the
2023 Operating Budget process.
Carried Unanimously (Councillor Pietrangelo declared a conflict to the
areas of Montrose/Biggar/Reixinger Road, as family owns lands in the
affected areas).
8.2. F-2022-52
2023 Library Capital Budget
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
1. That the 2023 Library Capital Budget report and accompanying material
be received and filed;
2. That the 2023 Library Capital Budget, including all funding
recommendations totaling $91,033 be approved.
Carried Unanimously
Page 7 of 21
8.3. F-2022-43
Annual Update of OLG Spending and Commitments
Moved by Councillor Mike Strange
Seconded by Mayor Jim Diodati
1. That the annual update of OLG spending and commitments report BE
RECEIVED.
2. That Council APPROVE the transfer of $79,488 or 2% of the OLG
funding received for January 1 to December 31, 2020 to the Future
Hospital Reserve Fund.
3. That Council APPROVE the transfer of $171,151 or 2% of the OLG
funding received for January 1 to December 31, 2021 to the Future
Hospital Reserve Fund.
4. That Council APPROVE the transfer of $290,230 or 2% of the OLG
funding received for January 1 to September 30, 2022 to the Future
Hospital Reserve Fund.
Carried Unanimously
8.4. F-2022-50
Changes to Transit Development Charges
Moved by Mayor Jim Diodati
Seconded by Councillor Mike Strange
That this report and accompanying material be received by Council and filed.
Carried Unanimously
8.5. F-2022-55
2022 Third Quarter Parking Fund Variance (unaudited)
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Wayne Campbell
That the Parking Fund year to date report for the third quarter variance analysis
to September 30, 2022 BE RECEIVED.
Carried Unanimously
8.6. CLK-2022-16
2023 Council Schedule
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
That Council approve the proposed 2023 meeting schedule.
Carried Unanimously
8.7. CLK-2022-17
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Fee Waiver Applications
- Knights of Columbus - Flying Fathers Hockey Game
- Niagara Falls Community Outreach Soup Kitchen - Fill the Bus Food
Drive
- Project Share Niagara - Good News Breakfast
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
That Council approve the Fee Waiver Applications for:
1) The Knights of Columbus - Flying Fathers Hockey Game in the amount of
$661.51 for the waiving of the costs associated with the ice rental.
2) The Niagara Falls Community Outreach - Fill the Bus Food Drive, in the
amount of $1,175.00 for the waiving of the costs associated with a bus charter
for 8 hours @ $130.00 per hour.
3) Project Share Niagara - Good News Breakfast in the amount of $2,938.00
for the waiving of the costs associated with a bus charter for 20 hours
@$130.00 per hour.
4) That Council acknowledge the out of budget expenditure (if approved, the
fee waiver budget would be over -budget by $20,299.37) and to have Staff find
a positive variance to help fund this budgetary overrun.
Carried Unanimously
8.8. MW -2022-53
One -Call Locates: Vendor Sole Source
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That Niagara Falls City Council authorize Staff to enter into contract with
Ontario Utility Locates Inc. of Niagara Falls, Ontario for up to a one year term
for the provision of Public Utility Locating Services for City -owned water,
wastewater, storm sewer and streetlighting infrastructure as required by
Provincial Legislation.
Carried Unanimously
8.9. Councillor Pietrangelo left Chambers at 7:35 PM as he declared a conflict
to Item #8.9.
MW -2022-54
Hospital Related Montrose Road, Biggar Road, and Reixinger Road
Widening and Reconstruction Cost -Sharing Agreement with Niagara
Region
Moved by Councillor Mona Patel
Seconded by Councillor Wayne Thomson
Page 9 of 21
1. That the Mayor and City Clerk be authorized to execute the cost sharing
agreement between the City of Niagara Falls and Niagara Region for the
Montrose Road, Biggar Road and Reixinger Road Construction project.
2. That Council approve the corresponding project allocation of
$13,626,617 from the 2023 capital budget as shown in Report F-2022-
51 on today's agenda.
Carried Unanimously (Councillor Pietrangelo declared a conflict of
interest).
8.10. PBD -2022-47
Parkland Dedication By-law Updates
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Mona Patel
1. That Council pass the amending By-laws to the Parkland By-law as
discussed herein;
2. That the City bring forward an Official Plan amendment to introduce
Privately Owned - Publicly Accessible Open Spaces (POPS) to other
areas of the City; and
3. That Staff be directed to investigate the creation of pre -qualified
appraisers to be made available to the public and report back to
Council.
Carried Unanimously
8.11 PBD -2022-73
Bill 23, The More Homes for Everyone Act, 2022
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
1. Whereas: Bill 23, as presented, fails to address the stated goals of
increasing housing supply, housing affordability, and improved process and
instead will result in the loss of environmental protections, heritage
conservation, urban design, and accountability to the public, in addition to
severe financial implications for the City and Region, as follows:
a. Removing conservation of land and protection of significant environmental
features, allowing development within protected areas worthy of protection.
b. Limiting tools for conservation of heritage resources.
c. Removal of primary quality control mechanism to promote good design.
d. Loss of cohesive Regional systems oversight with the removal of the
Region of Niagara from review and approval of planning applications and
Official Plan creation.
Page 10 of 21
e. Elimination of appeal rights for the public on Planning Act applications and
reduction in overall public consultation and involvement.
f. Transfer of financial responsibility from private developers to the individual
property taxpayer,
g. if passed, undermine and reverse the progress that the City has made in
the last couple of years in preparing and approving the City's housing
strategy; and
Therefore, Niagara Falls City Council is opposed to Bill 23 as it stands and
requests the Province defer passage of Bill 23 until such time as further
evaluation, analysis, and meaningful public consultation has occurred with
residents and the municipalities, AMO, Niagara Region, ROMA, RPC, NPCA,
Conservation Ontario, OPPI, MFOA, and OBCM; and
Therefore, Council strongly recommends that substantial Provincial
investment be provided to support municipalities to fund anticipated
infrastructure upgrades to accommodate new intensification goals and
compensate for decrease of development charge funding opportunities as
outlined in the proposed legislation; and
Therefore, that Council authorize staff to provide comments to the
Environmental Registry of Ontario regarding proposed Bill 23, prior to
November 24, 2022; and
Therefore, that Council receive Report PBD -2022-73 for information and that
staff forward the report to the Premier, the Minister of Municipal Affairs and
Housing, Region of Niagara and its local area municipalities and local
Members of Provincial Parliament.
Ayes: Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Mona
Patel, Councillor Ruth -Ann Nieuwesteeg, and Councillor Tony
Baldinelli
Nays: Mayor Jim Diodati, Councillor Mike Strange, and Councillor Wayne
Thomson
Motion Defeated - 5 in favour; 3 opposed; 1 declared conflict. **NOTE: It was
later addressed in Council Meeting that a motion to suspend the rules of the
procedural by-law was needed in order to introduce a new motion that was
not publicly listed on the agenda. This would require a 2/3rds majority vote
(see next motion listed under #11.3 (a)). Therefore, the motion voted on here,
does not carry since it does not have the 2/3rds majority. 5-3 on a recorded
vote
9. CONSENT AGENDA
Councillor Pietrangelo returned to Chambers at 8:13 PM.
Page 11 of 21
9.1. F-2022-46
Monthly Tax Receivables Report — July
Moved by Councillor Wayne Thomson
Seconded by Councillor Wayne Campbell
That Council receive the Monthly Tax Receivables report for information
purposes.
Carried Unanimously
9.2. F-2022-47
Monthly Tax Receivables Report — August
Moved by Councillor Wayne Thomson
Seconded by Councillor Wayne Campbell
That Council receive the Monthly Tax Receivables report for information
purposes.
Carried Unanimously
9.3. F-2022-48
Monthly Tax Receivables Report — September
Moved by Councillor Wayne Thomson
Seconded by Councillor Wayne Campbell
That Council receive the Monthly Tax Receivables report for information
purposes.
Carried Unanimously
9.4. F-2022-61
Notice of Closing of Three Property Acquisitions from The Ministry of
Transportation
Moved by Councillor Wayne Thomson
Seconded by Councillor Wayne Campbell
That Report F-2022-61 be received and filed;
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council approve/support Item #10.1 through to
and including Item #10.8.
10.1. Flag -Raising Request - Positive Living Niagara - AIDS Awareness Week
Positive Living Niagara is requesting a flag raising in Niagara Falls on Monday,
November 28, 2022 at 11:30 AM in recognition of AIDS Awareness Week
(November 24 -December 1), World AIDS Day (December 1) and Aboriginal
AIDS Awareness Week )(December 1-7).
Page 12 of 21
10.2. Flag -Raising Request - Restoration Day - Dominion Republic
Attached is a request for a flag -raising ceremony at Niagara Falls City Hall on
August 19, 2023. This ceremony would honour "Restoration Day," a significant
national holiday celebrated in the Dominican Republic on August 16th.
10.3. Flag -Raising Request - Romania's National Day in Niagara
Attached is a request for Council to approve a flag -raising ceremony at City
Hall on Friday, December 2, 2022 to recognize Romania's National Day in
Niagara.
10.4. Special Occasion Permit Request - The Tequila Expo
Pablo Tovar, Event Organizer , for the Tequila Expo is requesting that the City
of Niagara Falls declare the "Tequila Expo Show" on Saturday, December 3,
2022, at the Niagara Falls Convention Centre, as "municipally significant" in
order to assist with obtaining a Special Occasion Permit from AGCO.
10.5. Memo from Planning
Regarding:
PLC -2022-012, Part Lot Control Application
Lot 4, Plan 244 (6833 & 6837 Stokes Street)
DB -2022-001, Deeming By-law Application
Lots 3 & 5, Plan 244 (6833 & 6837 Stokes Street)
10.6. Memo from Planning
Regarding:
PLC -2022-016, Request for Removal of Part Lot Control
Lots 21, 32, 33 & 34, Registered Plan 59M-491, Lyons Creek Phase 5
9349 & 9351 White Oak Avenue, 4266-4268, 4274-4276, 4280-4282
Shuttleworth Drive.
10.7. Memo from Planning
Regarding:
PLC -2022-017, Request for Removal of Part Lot Control
Block 105, Registered Plan 59M-484, Forestview Estates
7372, 7364, 7356, 7348, & 7340 Matteo Drive.
10.8. Downtown BIA - 2023 Budget (Comments from resident added)
The Downtown BIA is asking Council to approve their 2023 budget at
$908,918.00, with a requested levy of $463,571.00.
RECOMMENDATION: For Council's Consideration.
Moved by Councillor Victor Pietrangelo
Page 13 of 21
Seconded by Councillor Ruth -Ann Nieuwesteeg
That Council defer Item #10.8, Downtown BIA - 2023 Budget.
Carried Unanimously
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
That Council approve/support Item #10.1 through to Item 10.7.
Carried Unanimously (Councillor Baldinelli declared a conflict to Item
#10.5).
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council receive and file for information Item #11.1
through to and including Item #11.13.
11.1. Niagara Peninsula Conservation Authority (NPCA) - Land Securement
Strategy - Deadline Extension
The attached correspondence is from NPCA to Mayor and Council including
supporting documentation.
***Although the deadline for comment is prior to Council's next meeting, there
will be ample opportunity for Council and staff to participate in meetings,
workshops and engagement sessions in 2023.***
11.2. Niagara Peninsula Conservation Authority (NPCA) Water Quality Report
and Fact Sheet
The attached documents are to be circulated to Mayor and Council resulting
from the NPCA Board Meeting on September 16, 2022.
11.3. Niagara Peninsula Conservation Authority (NPCA) Comments -
Environmental Registry of Ontario Postings
Attached NPCA's correspondence to the Standing Committee on Heritage,
Infrastructure and Cultural Policy in respect of Bill 23.
11.4. Casino Sportsbooks - Message from OLG's Vice -President- Casino
Gaming Relationship Management
Attached is a letter from Vice -President - Casino Gaming Relationship
Management, Brian Calalang, with respect to the gaming facility in our
community.
11.5. Niagara Region Correspondence
Attached is correspondence sent from the Niagara Region regarding the
following matters:
1. Niagara Region Report PDS25-2022 respecting Niagara Peninsula
Conservation Authority's (NPCA) Policy Document and Procedural
Manual Update.
Page 14 of 21
2. Niagara Region Report PDS 16-2022 respecting Smarter Niagara
Incentive Program (SNIP) Tax Increment Grant 2022 Update.
3. Niagara Region Correspondence PW 34-2022 Implementation of
Automated Speed Enforcement (ASE) Across Niagara Region.
4. Niagara Region Correspondence respecting By-law 2022-84 - Speed
Reduction By-law.
5. Niagara Regional Council Motion respecting Active Transportation and
Migrant Workers.
6. Niagara Transit Commission Report NTC 20-2022 regarding the 2023
Budget and Requisition.
11.6. Niagara Falls International Marathon - letter of appreciation
Attached is a letter from the Niagara Falls International Marathon organization
to the City of Niagara Falls thanking the City for its help and support for this
year's marathon.
11.7. City of St. Catharines - St. Catharines Response to Bill 23 (More Homes,
Built Faster Act)
The attached correspondence is from St. Catharines City Council regarding St.
Catharines Response to Bill 23 (More Homes, Built Faster Act).
11.8. Letter from the Minister of Finance - 2023 Ontario Municipal Partnership
Fund
Attached is correspondence from the Minister of Finance regarding the 2023
Ontario Municipal Partnership Fund.
11.9. Resolution - Norfolk County
Attached is a resolution from Norfolk County pertaining to the Draven Alert.
11.10. Costello Productions - Suggestions from Derek Costello - Downtown
Revitalization
Derek Costello has submitted the attached documents noting suggestions for
the downtown revitalization initiative.
11.11. Ontario Ombudsman's Review
The Ombudsman has completed his review into a closed meeting complaint.
11.12. Letter from Minister Steve Clark, Minister of Municipal Affairs and
Housing
Attached is a letter from Minister Steve Clark congratulating Mayor Diodati
and Council on the success of the recent municipal election.
11.13. Niagara Falls Integrity Commissioner - 2021/2022 Annual Report
Attached is the Annual Report from the Integrity Commissioner.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
Page 15 of 21
That Council receive and file for information Item #11.1 through to and
including Item #11.13.
Carried Unanimously (Councillor Pietrangelo declared a conflict to Item
#11.3, #11.5, #11.7).
Discussion included revisiting Item #8.11 - PBD -2022-73 - Bill 23, The More
Homes for Everyone Act, 2022, to ensure procedural by-law was followed.
Short recess was taken so that staff could discuss.
Council resumed at 8:44 PM.
Moved by Councillor Wayne Campbell
Seconded by Councillor Lori Lococo
That Council waive the procedural by-law and suspend the rules to allow for a notice of
motion to be presented at this meeting.
Ayes: Councillor Wayne Campbell, Councillor Lori Lococo, and Councillor
Tony Baldinelli
Nays: Mayor Jim Diodati, Councillor Mike Strange, Councillor Wayne
Thomson, Councillor Mona Patel, and Councillor Ruth -Ann
Nieuwesteeg
DEFEATED. 3-5 on a recorded vote
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
That Council receive this report for information; and
That a copy of this report be sent to the Minister of Municipal Affairs and Housing,
Region of Niagara and its local area municipalities.
Carried Unanimously
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
WHEREAS, That Niagara Falls City Council is concerned with Bill 23 as it stands and
requests the Province defer passage of Bill 23 until such time as further evaluation,
analysis, and meaningful public consultation has occurred with residents and the
municipalities, AMO, Niagara Region, ROMA, RPC, NPCA, Conservation Ontario,
OPPI, MFOA, and OBCM.
Ayes: Councillor Wayne Campbell, Councillor Lori Lococo, and Councillor
Tony Baldinelli
Nays: Mayor Jim Diodati, Councillor Mike Strange, Councillor Wayne
Thomson, Councillor Mona Patel, and Councillor Ruth -Ann
Nieuwesteeg
DEFEATED. 3-5 on a recorded vote
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Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
WHEREAS,That Council strongly recommends that substantial Provincial investment
be provided to support municipalities to fund anticipated infrastructure upgrades to
accommodate new intensification goals and compensate for decrease of development
charge funding opportunities as outlined in the proposed legislation.
Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mike
Strange, Councillor Lori Lococo, Councillor Mona Patel, Councillor
Ruth -Ann Nieuwesteeg, and Councillor Tony Baldinelli
Nays: Councillor Wayne Thomson
CARRIED. 7-1 on a recorded vote
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
WHEREAS, That Council authorize staff to provide comments to the Environmental
Registry of Ontario regarding proposed Bill 23, prior to November 24, 2022.
Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mike
Strange, Councillor Lori Lococo, Councillor Mona Patel, Councillor
Ruth -Ann Nieuwesteeg, and Councillor Tony Baldinelli
Nays: Councillor Wayne Thomson
CARRIED. 7-1 on a recorded vote
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
WHEREAS, That Council receive Report PBD -2022-73 for information and that staff
forward the report to the Premier, the Minister of Municipal Affairs and Housing,
Region of Niagara and its local area municipalities and local Members of Provincial
Parliament.
Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mike
Strange, Councillor Wayne Thomson, Councillor Lori Lococo,
Councillor Mona Patel, Councillor Ruth -Ann Nieuwesteeg, and
Councillor Tony Baldinelli
CARRIED. 8-0 on a recorded vote
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Wayne Thomson
WHEREAS, That discussions be had in the near future with the Minister of Municipal
Affairs and Housing to keep the dialogue of these changes moving forward.
Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mike
Strange, Councillor Wayne Thomson, Councillor Lori Lococo,
Page 17 of 21
Councillor Mona Patel, Councillor Ruth -Ann Nieuwesteeg, and
Councillor Tony Baldinelli
CARRIED. 8-0 on a recorded vote
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
WHEREAS, That Council pass all of the motions approved as one motion.
Carried (Councillor Thomson was opposed and Councillor Pietrangelo declared
a conflict of interest).
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Concerns regarding noise by-law and air conditioners
Attached is correspondence from a resident addressing his concerns regarding
there not being adequate by-laws in place to address noise from residential air
conditioners.
RECOMMENDATION: To Refer to Staff.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council Refer this matter to Staff.
Carried Unanimously
13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
13.1. Letter from Minister Steve Clark - Ministry of Municipal Affairs and
Housing
Attached is a letter from the Honourable Steve Clark, Minister of Municipal
Affairs and Housing regarding Municipal Housing Targets and Municipal
Housing Pledges - City of Niagara Falls.
RECOMMENDATION: That Council give direction to staff to report back on
Municipal Housing Targets and Municipal Housing Pledges for the City of
Niagara Falls.
Moved by Councillor Mike Strange
Seconded by Councillor Mona Patel
That Council give direction to staff to report back on Municipal Housing Targets
and Municipal Housing Pledges for the City of Niagara Falls.
Carried Unanimously (Councillor Pietrangelo declared a conflict of
interest).
13.2. Appointments to Niagara Transit Commission Board
Attached is correspondence respecting nominees for appointment to the
Niagara Transit Commission Board.
Page 18 of 21
RECOMMENDATION: That Council consider 1 member of City Council and 1
member of Regional Council to be forwarded to the Regional Clerk as the 2
Niagara Falls Nominees for the Transit Commission Board.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Campbell
That Council defer Item #13.2 regarding the appointments to the Niagara
Transit Commission Board.
Carried Unanimously
13.3. Niagara Parks Board of Commissioners
The Niagara Parks Board of Commissioners is composed of up to twelve
individuals who are responsible for making policy decisions, providing
guidance to staff and reporting to the provincial government. The members of
the Commission are responsible and accountable to the Government of
Ontario, the sole shareholder of the Commission. There are four municipal
appointees, representing the Regional Municipality of Niagara, the Town of
Fort Erie, the City of Niagara Falls, and the Town of Niagara -on -the -Lake.
RECOMMENDATION: That Council appoint Mayor Diodati as the municipal
representative from the City of Niagara Falls.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council appoint Mayor Diodati as the municipal representative from the
City of Niagara Falls.
Carried Unanimously
14. RATIFICATION OF IN -CAMERA
a) Ratification of In -Camera
Moved by Councillor Mike Strange
Seconded by Councillor Tony Baldinelli
That direction be given to staff regarding settlement instructions with respect to
a planning matter; furthermore, that direction be given to staff with regards to
negotiations around sole sourcing of a service, and to report back to City
Council for approval, and furthermore, that Council provide direction to staff to
amend the procedural by-law to allow In -Camera reports and supporting
documents to be attached to the electronic In -Camera agenda and to allow
Council Members to take notes as needed and to allow electronic devices back
in the In -Camera meeting space.
15. NOTICE OF MOTION
Carried Unanimously
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16. BY-LAWS
2022- A by-law to designate Lot 4, Plan No. 244, not to be subject to part -lot control
121. (PLC -2022-012).
2022- A by-law to designate Lots 3 and 5, Plan No. 244 to be deemed not to be
122. within a registered plan of subdivision (DB -2022-001).
2022- A by-law to designate Lots 21, 32, 33, & 34, Registered Plan 59M-491, not to
123. be subject to part -lot control (PLC -2022-016).
2022- A by-law to designate Block 105, Registered Plan 59M-484, not to be subject
124. to part -lot control (PLC -2022-017).
2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
125. and traffic on City Roads. (Parking Prohibited, Yield Signs at Intersections,
Stop Signs at Intersections, Speed Limits on Highways (Part 3 — 70 km/h).
2022- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
126. employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2022- A By -law to appoint Deputy Lottery Licensing Officers.
127.
2022- A by-law to adopt, ratify and confirm the actions of City Council at its meeting
128. held on the 22nd day of November, 2022.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That the by-laws be read a first, second and third time and passed.
Carried Unanimously
17. NEW BUSINESS
THAT Niagara Falls City Council waive the Notice of Motion Requirements of the
Procedural By-law - 2001-279.
a) Council Committees
Direction to Staff: Councillor Victor Pietrangelo requested that Staff provide
Council information pertaining to our current, traditional Council Committees
and to further discuss the possibility of adding additional committees, such as:
Cemetery Committee, Safety Committee, Hospice Committee....)
b) Spooky Awards/Sparkle Awards
Direction to Staff: Councillor Mike Strange discussed the Spooky Awards from
2022 and requested pictures to be shown at our next Council Meeting on
December 13, 2022. Also to include information pertaining to the 2022 Sparkle
Awards.
18. ADJOURNMENT
a) Adjournment
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Moved by Councillor Wayne Campbell
Seconded by Councillor Wayne Thomson
That Council adjourn the meeting at 9:57 PM.
Carried Unanimously
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