12/13/2022Niagara MINUTES
alis CityCouncil Meeting
CANADA
4:00 PM - Tuesday, December 13, 2022
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday,
December 13, 2022, at 4:00 PM, in the Council Chambers, with the following members
present:
PRESENT: Councillor Tony Baldinelli, Councillor Wayne Campbell, Mayor Jim
Diodati, Councillor Lori Lococo, Councillor Ruth -Ann Nieuwesteeg,
Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike
Strange, and Councillor Wayne Thomson
EXCUSED:
1. IN CAMERA SESSION OF COUNCIL
1.1. Resolution to go In -Camera
Moved by Councillor Tony Baldinelli
Seconded by Councillor Ruth -Ann Nieuwesteeg
That Council enter into an In -Camera session.
Carried Unanimously (Councillor Campbell was absent from vote).
2. CALL TO ORDER
The meeting was called to order at 4:34 PM.
3. ADOPTION OF MINUTES
3.1. Council Minutes of November 22, 2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That Council approve the minutes of the November 22, 2022 meeting as
presented.
Carried Unanimously
3.2. Council Minutes of November 18, 2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That Council approve the minutes of the November 18, 2022 meeting as
presented.
Carried Unanimously
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3.3. Correspondence from Joedy Burdett - Adoption of Minutes
3.4. Correspondence from Joedy Burdett - regarding Bill 23
4. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Victor Pietrangelo declared a conflict of interest to the following
matters on agenda:
• Item #9.4 - MW -2022-56 - Removal of School Crossing Guard - deals
with the Niagara Catholic District School Board, which is Councillor
Pietrangelo's employer.
• Items #11.1, #11.3 and #11.7 as all these matters discusses Bill 23 and
family owns land which can be affected.
• Item #11.6 - Niagara Falls Hydro Holding Consolidated Financial
Statements - as a member of Councillor Pietrangelo's family was
involved with preparing the statements.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to the following:
• Bryan Strange - Uncle of Councillor Mike Strange
b) Mayor Diodati provided the following updates regarding recent events:
Push for Change – Joe Roberts [photo was shown]
• Joe Roberts—"Skid Row CEO"
• Shopping cart across Canada in 2016
• One of his favourite stops—Table Rock House in Niagara Falls
• He and his wife Marie raise funds for social.. awareness
• His book, "The Push for Change"
• Thank you to Chief Jo Zambito for bringing this inspiring speaker
• Also attended by
o Councillor Patel and Councillor Nieuwesteeg
Check your Smoke Detector Pizza Party [photo was shown.'
• Promoting fire prevention
• Stat re functioning smoke detectors
• Contest engaged the community and winners: Isherwood Family
Flag Raisings [photos were shown.'
• AIDS Awareness—also attended by Councillors Mona Patel and Tony
Baldinelli
• National Day of Romania—
Grand Openings/ Business Happenings [photos were shown.'
• Chrispy African Market—also attended by Councillor Pietrangelo,
Councillor Patel, Councillor Nieuwesteeg and Councillor Baldinelli
• Smokeshow Cigars—also attended by Councillor Patel, Councillor
Nieuwesteeg and Councillor Baldinelli
c) The next Council meeting is scheduled for Tuesday, January 17, 2023.
6. DEPUTATIONS / PRESENTATIONS
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6.1. South Niagara Hospital Development Presentation
Niagara Health provided the Niagara Falls City Council with an update on the
new South Niagara Site hospital project, as we get closer to the construction
stage of this exciting project. Niagara Health presented its request to the City
of Niagara Falls for the municipality's local share commitment toward the new
hospital.
The following staff from Niagara Health made the presentation:
• Lynn Guerriero, President & CEO
• Dr. Johan Viljoen, Chief of Staff
• Angela Zangari, Executive Vice President, Finance, Redevelopment and
Support Services, Chief Financial Officer
• Cliff Harvey, Chief Planning Officer
The South Niagara Site is located on 50 acres at the corner of Biggar Road
and Montrose Road in Niagara Falls. The hospital will be 10-12 storeys high,
totaling 1.2 Million square feet, with 469 Beds, 8 Operating Suites ' and
Centres of Excellence for Complex Care, Wellness in Aging and Stroke.
The project team is working toward the South Niagara Hospital being the first
WELL® certified hospital in Canada. WELL® certification will improve the work -
life experience and promote well-being for staff and physicians who will travel
across Niagara, and overall improve the experience for all who use the
building. The site will also be the first hospital of its kind to have an Indigenous
Healing Space and Garden to create a culturally safe and welcoming space for
Indigenous People.
At the meeting, Niagara Health requested the municipality's local share
commitment toward the new hospital to be $30-32 million.
The following staff presented information pertaining to the South Niagara
Hospital Development:
• Sam Valeo - Director, Building & Enforcement Services
• Erik Nickel - General Manager, Municipal Works
• Andrew Bryce - Director of Planning, Building & Development
Moved by Councillor Mike Strange
Seconded by Councillor Ruth -Ann Nieuwesteeg
That Council receive the presentation made by Niagara Health and staff for
information.
7. PLANNING MATTERS
7.1. PBD -2022-74
AM -2022-019, Zoning By-law Amendment
5073 Kitchener Street
Carried Unanimously
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Proposal: Convert the existing single detached house into a Vacation
Rental Unit
Applicant: Monique Reid
Agent: NPG Planning Solutions (Aaron Butler)
The public meeting commenced at 5:32 PM.
Alexa Cooper, Planner 2, provided an overview of the report PBD -2022-74.
5073 Kitchener Street is designated Tourist Commercial, which permits
Vacation Rental Units (VRU) but is currently zoned Deferred Tourist
Commercial (DTC), which does not permit a Vacation Rental Unit. Council
approved the site-specific Deferred Tourist Commercial zone that would permit
the VRU in the existing building. The property is within walking distance of the
tourism area of Niagara Falls (Victoria Ave is about 400 metres away) and is
located within the Clifton Hill Tourism Subdistrict.
Aaron Butler (Agent, Development Principal, NPG Solutions) provided a
presentation to support the application.
Kali Carrington (Client), of 45 Woodsend Run, Brampton, spoke to support the
application.
The Public meeting closed at 6:10 PM.
Moved by Councillor Wayne Campbell
Seconded by Councillor Lori Lococo
1. That Council approve the Zoning By-law amendment as detailed in this
report to permit a Vacation Rental Unit in the existing single detached
house, subject to the regulations and recommendations outlined in this
report; and further,
2. That the amending Zoning By-law not be presented to Council for
passage until an encroachment agreement, as outlined in this report,
has been executed; and further,
3. That the Mayor and Clerk be authorized to execute an encroachment
agreement to the satisfaction of the City Solicitor; and further,
4. That staff investigate possible off-site parking options and report back to
Council for approval.
8. REPORTS
8.1. F-2022-42
Carried (Councillor Wayne Thomson opposed).
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2022 Third Quarter Water & Wastewater Fund Variance (unaudited)
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That the Water & Wastewater Fund year to date report for the third quarter
variance analysis to September 30, 2022 BE RECEIVED.
Carried Unanimously
8.2. F-2022-49
2023 Schedule of Fees
Moved by Councillor Wayne Thomson
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT the Schedule of Fees, as presented in the attached schedule, BE
APPROVED with fees effective January 1, 2023;
And, THAT staff report back throughout the year with further amendments to
the Schedule of Fees, as required, stemming from ongoing fee study's being
performed in various departments;
And, with the exception of the cemetery fees not increasing to March 1, 2023,
and to have staff come back to Council with further options; and for staff to
give notice of fee increases to existing cemetery plot owners.
Carried Unanimously
8.3 F-2022-65
. GROW Grant Request for Property Tax Forgiveness
Moved by Councillor Wayne Campbell
Seconded by Councillor Wayne Thomson
THAT Council approve the grant request for GROW for the purpose of subsidizing
property tax payments for the property located at 4377 Fourth Avenue, owned by
Pamela Farrell.
Ayes: Councillor Wayne Campbell, Mayor Jim Diodati, Councillor Mike
Strange, and Councillor Wayne Thomson
Nays: Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Ruth -
Ann Nieuwesteeg, Councillor Mona Patel, and Councillor Victor
Pietrangelo
DEFEATED (Councillors Baldinelli, Lococo, Patel, Pietrangelo and Nieuwesteeg
are opposed). 4-5 on a recorded vote
Moved by Councillor Mona Patel
Seconded by Councillor Ruth -Ann Nieuwesteeg
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THAT Council deny the grant request for GROW for the purpose of subsidizing
property tax payments for the property located at 4377 Fourth Avenue, owned by
Pamela Farrell.
Carried (Councillors Campbell, Strange and Thomson opposed).
8.4. R&C-2022-21
Recreation & Culture Municipal Fee Assistance Policy
A Municipal Fee Assistance policy and pilot project to help subsidize qualifying
children, youth, and older adults, to access programming and activities like
open swim and public skating opportunities, has been created and approved by
Council. The qualifying persons, the subsidy would include:
• Children 17 and under — 50% discount on all registered programs. Maximum
of four programs per person per calendar year.
• Families — free activity pass for open swim and public skates.
The Municipal Recreation Fee Assistance program would provide financial
assistance to participate in municipally organized programs exclusively. An
overarching Corporate Fee Assistance Policy is recommended in the future.
Moved by Councillor Mike Strange
Seconded by Councillor Tony Baldinelli
1. That Council approve the proposed Recreation & Culture Municipal Fee
Assistance Policy and implement the program as a one-year Pilot
Project specific to Recreation and Culture Programs.
2. That staff be directed to report back on the results of the pilot project.
3. And further that Staff provide options for Council to consider for the
development of an overarching Corporate Policy regarding Fee
Assistance for all appropriate municipal rates and fees.
Carried Unanimously
8.5. R&C-2022-22
Merger of the Anti -Racism and Diversity & Inclusion Committees of
Council
Council considered a staff report recommending the merger of the Anti -Racism
and Diversity & Inclusion Committees and decided that the Committees would
remain separate. Additional efforts to enhance collaboration and increase
communication will be undertaken.
Sherri Darlene, attended in person in Chambers and spoke in favour of
keeping the committees separate.
Saleh Waziruddin, of 158 Ontario Street, St. Catharines, spoke in favour of
keeping the committees separate.
Moved by Councillor Lori Lococo
Seconded by Councillor Victor Pietrangelo
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That Council oppose the merger of the Diversity & Inclusion Advisory
Committee and the Anti -Racism Advisory Committee;
And, that current members of both committees be automatically accepted onto
the new committee should they apply.
Carried Unanimously
9. CONSENT AGENDA
9.1. F-2022-60
Monthly Tax Receivables Report - October
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council receive the Monthly Tax Receivables report for information
purposes.
Carried Unanimously
9.2. F-2022-66
Approval of Interim 2023 Spending Limits
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That, in the absence of an adopted 2023 General Purposes Budget, City
Council approves that City departments be allowed to incur costs to a level of
50% of the departments' expenditure budget of the prior year.
Carried Unanimously
9.3. MW -2022-56
Homewood Avenue — Speed Control Review
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That the speed control plan consisting of three (3) speed cushions on
Homewood Avenue betweenValley Way and Morrison Street be approved.
Carried Unanimously
9.4. MW -2022-57
Victoria Avenue at Queen Street - Removal of School Crossing Guard
Services
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That the services of the school crossing guard be removed from the
intersection of Victoria Avenue at Queen Street at the end of 2022.
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Carried Unanimously (Councillor Pietrangelo declared a conflict).
9.5. PBD -2022-75
Matters Arising from the Municipal Heritage Committee
Removal of Properties from Municipal Register of Heritage Properties
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council approve the removal of the property known municipally as 5986
Lundy's Lane from the Municipal Register of Heritage Properties; and
That Council approve the removal of the property known municipally as 8554
Lyon's Creek Road from the Municipal Register of Heritage Properties.
Carried Unanimously
9.6. CAO -2022-17
Fee waiver for single -ride bus passes for use by qualified social service
agencies
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That a fee waiver of $3,000.00 be approved for single -ride bus passes to be
provided to Homelessness Services at the Niagara Region.
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Proclamation Request - Canadian Women's Heart Health Alliance - Wear
Red Canada Campaign
A volunteer from the Wear Red Canada team, a student from the University of
Ottawa, is requesting Council to approve the request to proclaim February 13,
2023 as "Wear Red Canada Day" in Niagara Falls.
Wear Red Canada is celebrated annually across Canada on February 13th to
raise awareness about women's cardiovascular health. Organized events held
across the country serve as a reminder for everyone, especially women, to be
mindful, curious and proactive in the management of their heart health and
wellness.
10.2. Proclamation Request - Green Shirt Day - Friday, April 7, 2022
Attached is a request to proclaim Friday, April 7, 2022 as "Green Shirt Day," to
honour and remember the Humboldt hockey team and the bus crash that
occurred in April of 2018.
A request to light the falls green this same day has been sent to the Niagara
Falls Illumination Board.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
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That Council approve/support Item #10.2 and Item #10.2.
Carried Unanimously
10.3. Downtown BIA - 2023 Budget
The Downtown BIA is asking Council to approve their 2023 budget at
$908,918.00, with a requested levy of $463,571.00.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
That Council defer the Downtown BIA budget until the newly appointed board
approves the 2023 budget and brought back to Council for approval at the
January 17, 2023 meeting or at a Special meeting of Council, if necessary.
Carried Unanimously
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1. Resolution - Town of Aurora - Opposition to Bill 23, The More Homes
Built Faster Act, 2022
Attached is correspondence further to the Town of Aurora Council meeting of
November 22, 2022, regarding a resolution adopted by Council respecting
"Opposition to Bill 23, More Homes Built Faster Act, 2022."
11.2. Resolution - Town of Aurora - Modifications to York Region Official Plan
Attached is correspondence further to the Town of Aurora Council meeting of
November 22, 2022, regarding a resolution adopted by Council respecting
"Modifications to York Region Official Plan."
11.3. Resolution - Norfolk County - Bill 23 - More Homes Built Faster Act, 2022.
The attached resolution was passed at the Council of the Corporation of
Norfolk County, at its November 16, 2022 Council -in -Committee meeting.
11.4. Memo from Recreation & Culture - Spooky Awards
Attached is a memo from our Recreation & Culture Department informing
Council of the 2022 Spooky Awards.
11.5. Joint Niagara Compliance Audit Committee
In accordance with the requirements of the Muncipal Elections Act, a joint
Compliance Audit Committee has been established. The attached
correpondence provides the list of appointed members and their contact
information.
11.6. Niagara Falls Hydro Holding Consolidated Financial Statements
Attached are the 2021 Niagara Falls Hydro Holding Consolidated Financial
Statements for review.
11.7. Correspondence from Joedy Burdett
11.8. Correspondence from Joedy Burdett
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11.9. Correspondence from Joedy Burdett - safety at Downtown BIA meeting
11.10. Correspondence from Joedy Burdett - donations
11.11. Correspondence from Joedy Burdett - affordable housing
Moved by Councillor Mike Strange
Seconded by Councillor Mona Patel
That Council receive and file for information Item #11.1 through to and
including Item #11.11.
Carried (Councillor Campbell opposed and Councillor Pietrangelo
declaring a conflict to Item #11.1, #11.3, #11.6 and #11.7).
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. St. John Ambulance Support
Attached is a letter and financial comparison between the Niagara Region St.
John Ambulance St. Catharines and St. John Ambulance Niagara Falls.
RECOMMENDATION: That Council re -affirm the motion made in 2020 and
support the presence of St. John Ambulance in the City of Niagara Falls and
reject any suggestion of any other Niagara branch or other group taking over
the Niagara Falls operations. And further, that based on the success of the
Niagara Falls branch, Council would support that their staff, volunteer
leadership and Board of Directors are in charge and run any potential
amalgamated branch in the Niagara Region.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mona Patel
That Council re -affirm the motion made in 2020 and support the presence of
St. John Ambulance in the City of Niagara Falls and reject any suggestion of
any other Niagara branch or other group taking over the Niagara Falls
operations. And further, that based on the success of the Niagara Falls
branch, Council would support that their staff, volunteer leadership and Board
of Directors are in charge and run any potential amalgamated branch in the
Niagara Region.
Carried Unanimously
12.2 Downtown Board of Management - Election Results (Clerk's Memo and emails
from Phil Ritchie and Eric Martin added; further comments from resident
added)
Attached is a letter on behalf of the BIA Board regarding the 2022 Downtown Board
of Management BIA regarding the 2022 BIA election results.
RECOMMENDATION: That Council for the City of Niagara Falls approves the
appointment of the remaining 12 nominees (see below for names) at the time of the
BIA election to the Downtown Board of Management for the four-year term of 2022-
2026, along with at least one City Councillor. If one or more Board member(s) were
to resign during the four years, the Board would not move to fill the position unless
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the number of Board members fell below nine positions with the BIA constitution,
with the number of available positions returning to nine Board spots for the 2026
election.
1. Alex Brandeau, BATL Axe, 4437 Queen Street
2. Cat Thagard, Cat and Monkey Events, 4400 Queen Street
3. Eric Martin, Taps Brewing Company Inc., 4680 Queen Street
4. Joe Mrkalj, Grand Central Bar & Grill, 4573 Queen Street
5. Kevin Fraser, Apsis Communications Inc., 4635 Queen Street
6. Lisa Vanderklippe, Third Space Cafe, 4345 Queen Street
7. Phil Ritchie, Keefer Management Inc., 4605 Crysler Avenue
8. Starr Bowes, Paris Crepes Cafe, 4613 Queen Street
9. Steve Falco, BreakOUT Escapes, 4455 Queen Street
10. Steven Sunderland, STS Building Consultants, 4635 Queen Street
11.Timm Paugh, RT Pizza, 4572 Queen Street
12. Tony Barranca, Back Alley Barbershop, 4407 Queen Street
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Campbell
That Council approves the appointment of the 12 nominees at the time of the BIA
election to the Downtown Board of Management for only the four year term of 2022
to 2026 and if one or more Board members were to resign during the current term
the Board would not look to fill any vacancies unless the number of Board members
were to drop below nine positions. The 12 appointed members are: Alex
Brandeau, Cat Thagard, Eric Martin, Joe Mrkalj, Kevin Fraser, Lisa Vanderklippe,
Phil Ritchie, Starr Bowes, Steve Falco, Steven Sunderland, Timm Paugh and Tony
Barranca.
Ayes: Councillor Tony Baldinelli, Councillor Wayne Campbell, Mayor Jim
Diodati, Councillor Victor Pietrangelo, Councillor Mike Strange, and
Councillor Wayne Thomson
Nays: Councillor Lori Lococo, Councillor Ruth -Ann Nieuwesteeg, and
Councillor Mona Patel
CARRIED. 6-3 on a recorded vote
Moved by Councillor Lori Lococo
Seconded by Councillor Mona Patel
That Council waive the procedural by-law to allow residents to speak to this matter
(Item #12.2).
Carried Unanimously
a) Dr. Joanne McKinley-Nikodynia, of 4750 Valley Way, spoke opposing the
suggested recommendation.
Zoran, from Hatch Building, spoke opposing the suggested recommendation.
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Anna Tartaglia, from 4416 Queen Street, spoke opposing the suggested
recommendation expressing her concerns that there were many proxy votes
not accepted.
12.3. Council Member Appointments
A list of the various Committees, Boards and Commissions was distributed to
Council in preparation of Council making their appointments. In some cases, a
vote may be required where there is more interested members than required to
sit on each Committee etc.
13. RESOLUTIONS
13.1. Resolution - to appoint Councillors to the HOLDCO Board
That the nine (9) directors to be selected by the Shareholder for the current
term of Council be as follows: Mayor Diodati, Councillor Tony Baldinelli,
Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Mona Patel,
Councillor Victor Pietrangelo, Councillor Ruth -Ann Nieuwesteeg, Councillor
Mike Strange and Councillor Wayne Thomson.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
That the nine (9) directors to be selected by the Shareholder for the current
term of Council be as follows: Mayor Diodati, Councillor Tony Baldinelli,
Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Mona Patel,
Councillor Victor Pietrangelo, Councillor Ruth -Ann Nieuwesteeg, Councillor
Mike Strange and Councillor Wayne Thomson.
Carried Unanimously
14. RATIFICATION OF IN -CAMERA
a) Ratification of In -Camera
Moved by Councillor Mona Patel
Seconded by Councillor Tony Baldinelli
That Council approve the sale of land within the Montrose Business Park,
being Part 17 on Reference Plan 59R-16028, at a price of $225,000 per acre.
Carried Unanimously
15. NOTICE OF MOTION/NEW BUSINESS
a) Dalton's Toy Drive
Councillor Mike Strange discussed the annual toy drive, where all toys donated
would be donated to Ronald McDonald House. Unwrapped toys can be
brought to Boston Pizza on Dorchester Road on Thursday, December 15, 2022
from 4:00-7:00 PM.
16. BY-LAWS
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2022- A by-law to provide for the adoption of Amendment No. 154 to the City of
129. Niagara Falls Official Plan.
2022- A by-law to amend By-law No. 2000-68 and to repeal and replace By-law
130. 2020-35, concerning the removal of the requirement of parkland dedication for
certain development and redevelopment of land for residential purposes within
identified Community Improvement Plan area boundaries of the City.
2022- A by-law to repeal and replace By-law No. 2020-036 and By-law No. 98-151
131. respecting the conveyance of land for park purposes as a condition of
development or redevelopment of land zoned for specific commercial and
industrial purposes.
2022- A by-law to repeal and replace By-law 2020-37 which provides for the
132. conveyance of land for park or other recreational purposes as a condition of
development, redevelopment and subdivision of land for residential purposes.
2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
133. and traffic on City Roads. (Parking Prohibited, Speed Limits on Highways
(Part 2 — 60 km/h)
2022- A by-law to amend By-law No. 96-50 being a by-law to provide for
134. establishing parking lots in the City of Niagara Falls, and for regulating,
supervising and governing the parking of vehicles in various municipal parking
facilities thereon and charging a fee for such parking.
2022- A by-law to fees and charges for various services, licences and publications
135. for the City
of Niagara Falls.
2022- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
136. 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
137. held on the 13th day of December, 2022.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Campbell
That the by-laws be read a first, second and third time and passed.
Carried Unanimously
17. ADJOURNMENT
a) Adjournment
Moved by Councillor Mona Patel
Seconded by Councillor Tony Baldinelli
That the Council meeting adjourn at 8:17 PM.
Carried Unanimously
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City Clerk
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