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06/20/2023Niagara MINUTES ils Cit Council Meeting POn� ,a , :� Y 4:00 PM - Tuesday, June 20, 2023 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, June 20, 2023, at 4:04 PM, in the Council Chambers, with the following members present: PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Mona Patel, Councillor Ruth -Ann Nieuwesteeg, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson STAFF Jason Burgess, Bill Matson, Heather Ruzylo, Nidhi Punyarthi, Margaret PRESENT: Corbett, Shelley Darlington, Kathy Moldenhauer, Erik Nickel, Tiffany Clark, Chief Jo Zambito, Kira Dolch, Dale Morton, Trent Dark 1. CALL TO ORDER The meeting was called to order at 4:04 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. Resolution to go In -Camera Moved by Councillor Tony Baldinelli Seconded by Councillor Wayne Thomson THAT Council enter into an In -Camera session. Carried Unanimously (Councillor Campbell was absent from the vote). 3. ADOPTION OF MINUTES 3.1. Council Minutes of May 30, 2023 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council approve the minutes of the May 30, 2023 meeting as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST None reported. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: Page 1 of 19 • Gwen Donofrio - retired City employee, from our Planning Department. • Lorenzo Anania - grandfather of Chris Daniele from our Finance Department. b) Mayor Diodati mentioned the following city events: Strong Mayor Powers -Province announced Friday, June 16th -Housing crisis/ unaffordable home ownership -Province sees too much talk and not enough action -Nice to have all tools in your toolbox -Just like a first-aid kit, don't anticipate using it -In fact, can't think of any times in my tenure when I would've used it -in NF we're lucky to have a very aligned Council -Prefer power of persuasion, debate, democracy and consensus Daily Community Clean-Up—new program [ 2 photos shown] -Recognize the Non -Profit Organization DANDP Foundation oOriginated in Revdanda Maharashtra, India oTo promote selfless tasks of social reform -Participated in Environmental Action Committee's new program -18 bags of litter near Coronation Park -Attended by Councillor Nieuwesteeg Cardinal Kia Ground Breaking Event -Oakwood Drive/ Thursday, June 15th Jaida Lee Recognition [photo shown] -Also attended by Councillors Baldinelli, Pietrangelo, Patel and Strange Millenium Trail- Rotary Storywalk Pathway Opening [photo shown] -Also attended by Councillors Baldinelli, Pietrangelo, Patel and Strange Councillor Representation Councillor Pietrangelo-Attended the Niagara Institute of Music and Arts School 20 year anniversary. Grand Openings & Business Happenings [photo shown] -Havana Niagara oAttended by Councillor Strange, Councillor Baldinelli, Councillor Nieuwesteeg & Councillor Patel. Flag Raisings Senior's Month [photo shown] -Also attended by Councillor Nieuwesteeg 13th Annual Italian Heritage Month [photo shown] -Also attended by Councillors Patel & Nieuwesteeg Page 2 of 19 Filipino Independence Day [photo shown] -Also attended by Councillors Nieuwesteeg and Patel c) The next Council meeting is scheduled for Tuesday, July 11, 2023. 6. DEPUTATIONS / PRESENTATIONS 6.1. Mayor's Youth Advisory Committee (MYAC) Year -End Deputation The Mayor's Youth Advisory Committtee (MYAC) provided Council with a presentation to include the following: • Scholarship presentation - Nathan Smith, Community Development Coordinator, recognized the 3 scholarship recipients: -Monica Lica, Jim Mitchinson Scholarship - $1000.00 -Stefan Candeloro, Jim Mitchinson Scholarship - $1000.00 (Stefan was not in attendance). •Tiya Patel, NPEI Scholarship - $1000.00 • Annual Deputation - MYAC Co -Chairs, Maddox Libera and Katie Hutchings, reviewed MYAC's 2022-2023 school year by making a presentation to Council. 6.2. Accessibility Advisory Committee - Honouring Mr. and Mrs. Jill and Gary Taylor The Accessibility Advisory Committee at its May 29th, 2023, meeting nominated Mr. & Mrs. Jill and Gary Taylor for the 2023 Patrick Cummings Award. The Taylor Family owned and operated For The Needy Not The Greedy (a non for profit), company which assisted many disabled persons with getting access to a wide variety of mobility devices. Mayor Diodati presented Jill and Gary Taylor with this award. They collected, repaired, and distributed used mobility aids and assistive devices from their Kinsmen Court location for over 25 years. 6.3. Resident, Amelia Upper - regarding Bill 23, More Homes Built Faster Act Resident Amelia Upper addressed Council regarding Bill 23, More Homes Built Faster Act and its effectiveness and discussed alternative ways to address the housing crisis. Moved by Councillor Tony Baldinelli Seconded by Councillor Wayne Thomson THAT Council receive the presentation by Amelia Upper. 7. PLANNING MATTERS 7.1. PBD -2023-34 26T-11-2023-002 & AM -2023-007 Draft Plan of Subdivision -McLeod Meadows 9304 McLeod Road Carried Unanimously Page 3 of 19 Parts 1 and 2 59R-16846 Lot 181 Twp of Stamford Applicant: 800460 Ontario Ltd (Fred Costabile) Agent: Upper Canada Consultants (Matt Kernahan) The public meeting commenced at 5:49 PM. Julie Hannah, Senior Manager of Current Planning, provided an overview of Report PBD -2023-34. Brad Campbell, Site Director of Solvay Welland Site, presented his concerns about the proposal citing that Cytec has pressing and significant concerns. Cytec requests that the City deny these applications, especially within the 2 km City arc. Glenn Willings, from Wellings Planning, addressed Councillor Pietrangelo's question, in trying to understand the Ministry's guidelines. Councillor Pietrangelo seeked clarification regarding the 2 km City arc. As per Kira Dolch, General Manager of Planning, Building & Development, the Ministry has confirmed that they were not involved in any discussions regarding the 2 km arc. Resident, Mike Cushman, of 6246 Arad Street, spoke to Council addressing his concerns and supported Cytec's model. Rocky Vacca, of Sullivan -Mahoney, addressed Cytec's concerns citing that Cytec, alone, is stating the 2 km arc. There is no 2 km requirement. The legal requirement is the D6 guidelines. The agent accepts the recommendations in the report as presented and supports the staffs proposal. Matt Kernahan, of Upper Canada Consultants, presented to Council supporting the staff recommendations as outlined in the Report PBD -2023-34. The public meeting closed at 7:10 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange 1. THAT the application to amend the Zoning By-law be approved, subject to the regulations outlined in this report; 2. THAT the amending zoning by-law include a Holding (H) provision to require to the satisfaction of the City and Niagara Region: • The "Compatibility/Mitigation Study -Air Quality, Noise and Vibration" prepared by SLR Consulting (Canada) Ltd. (dated March 23, 2022), as well as any subsequent revisions thereto, be approved by Niagara Region and City; • The approval of City Official Plan Amendment 147 by the Regional Municipality of Niagara and the Amendment going into force and effect; Page 4 of 19 • Any development on the subject lands shall conform to the policies of Official Plan Amendment 147, including any resulting modifications; and, • The implementation of any mitigation measures as required by the approved Land Compatibility- Air Quality, Noise and Vibration Study, all to the satisfaction of the City and Niagara Region; 3. THAT the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 4. THAT the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council; 5. 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; 6. 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, 7. THAT the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the Subdivision when all matters are addressed to the satisfaction of the City Solicitor. 8. Items deemed minor by staff as follows: Notwithstanding any of the regulations contained in Section 5.13 SECOND UNITS WITHIN ACCESSORY BUILDINGS, one second unit is permitted within an accessory building, notwithstanding the definition "accessory building," on any lot zoned R3 subject to the following provisions: • The floor area of the second unit shall not exceed 40% of the floor area of the primary dwelling; • One parking space shall be provided for the occupant of the second unit within an accessory building in addition to the parking space required for the primary dwelling. Parking spaces may be provided in tandem; • The height of an accessory building containing a second unit shall not exceed 9 metres; • The accessory building containing a second unit shall be a minimum of 1.2 metres from the side and rear lot lines, save and except for unsupported canopies, eaves or gutters which may project a distance of not more than 0.45 metres into this setback. • Common detached accessory structures containing a second unit may be centred on the mutual lot line if erected simultaneously on two abutting lots. • No roofed -over porch or deck shall be closer than 1.2 metre from the rear lot line. Carried (Councillor Lococo was opposed to the vote). 7.2. Councillor Pietrangelo left meeting at 7:10 PM and returned to Chambers at 7:16 PM. PBD -2023-36 AM -2023-005 Official Plan and Zoning By-law Amendment Application 7081 McLeod Road Applicant: LivWell Development Group Inc. (Adam Peaker) Page 5 of 19 Agent: NPG Planning Solutions Inc. (Aaron Butler) The Public meeting commenced at 7:11 PM. Mayor Jim Diodati left the meeting at 7:14 PM and Councillor Strange chaired meeting. Mayor Jim Diodati returned to meeting at 7:19 PM and resumed his role as Chair. Alexa Cooper, Planner 2, provided an overview of Report PBD -2023-36. Lise Grieve, of 7150 Ann Street, spoke in opposition of the proposal citing concerns of the large development. Felt that it is unjustified to have a large building in that area. Cited concerns about traffic and infrastructure in the area not able to accommodate this development. Aaron Butler, of NPG Planning, addressed Council in support of the application. The Public meeting closed at 7:32 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Tony Baldinelli That Council approve a Special Policy Area Official Plan Amendment for a maximum density of 147 units per hectare and site specific Zoning By-law amendment as detailed in this report for a 5 storey apartment building with 50 dwelling units. Carried (Councillors Patel, Nieuwesteeg and Strange were opposed and Councillor Campbell was absent). 7.3. PBD -2023-37 AM -2021-005 Official Plan and Zoning By-law Amendment Application 7449 Montrose Road Applicant: 2683421 Ontario Limited Agent: Zelinka Priamo Ltd. (Rob McFarlane) The Public meeting commenced at 7:35 PM. Alexa Cooper, Planner 2, provided an overview of Report PBD -2023-37. Rob McFarlane, acting as agent form Zelinka Priamo Ltd, addressed Council supporting the application. The public meeting was closed at 7:57 PM. Page 6 of 19 Moved by Councillor Wayne Thomson Seconded by Councillor Wayne Campbell 1. THAT Council approve the Official Plan and Zoning By-law amendment to permit an 8 storey apartment building, a 13 storey apartment building, and ten 3 storey block townhouses with a density of 150 units per hectare on the subject lands. 2. THAT the amending zoning by-law include a Holding (H) provision to require the submission of an updated Wind Study (with wind tunnel modelling), tree compensation agreement at a ratio of 2 trees for every 1 tree removed, an updated Traffic Impact Study, an updated Phase 1 and a Phase 2 Environmental Site Assessment and Record of Site Condition, if required, and an updated Noise Study to the satisfaction of the Niagara Region and the City. 3. AND FURTHER THAT staff deem the requested requirement of a maximum of 52 surface parking spaces excluding the required parking spaces for townhouse dwellings in addition to the required 1.25 parking spaces per dwelling unit to be minor and that no further public notice is required under the Planning Act. Carried Unanimously 8. MOTIONS 8.1 Motion - Niagara Falls Electoral System Councillor Lococo brought forth the following Motion from the May 30, 2023 Council Meeting: THAT the City of Niagara Falls: -initiate a timeline of a process to review the electoral systems - ward and at large, etc. -review the current population of Niagara Falls and the expected growth and in what areas of the city. -have numerous public consultations - in-person and through surveys. -promote consultation and surveys through in-person, social media channels, website, newspapers, etc... -create an Ad -Hoc Committee and appoint Councillor Lori Lococo as Chair. Councillor Lococo's motion (above) was presented and Councillor Baldinelli seconded the motion. Discussion then took place which included Councillor Strange's motion to defer. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council make a motion to defer any electoral review until the province concludes their current governance process with our municipality. Page 7 of 19 Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Ruth -Ann Nieuwesteeg, and Councillor Mona Patel Nays: Councillor Lori Lococo and Councillor Tony Baldinelli CARRIED (Councillors Baldinelli and Lococo were opposed). 7-2 on a recorded vote 9. REPORTS 9.1. CLK-2023-05 Fee Waiver Applications - June 2023 Submissions Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council consider approving, approving in part or denying the Fee Waiver Applications received for the June 20, 2023 submission date, listed as follows: 1. Chippawa Volunteer Firefighter's Association - SPN Slo-Pitch Championships - in the amount of $4,112.10 for the waiving of the costs associated with the floor rental at the Chippawa Willoughby Arena. 2. Chippawa Volunteer Firefighter's Association - Chippawa Volunteer Firefighters Slo- Pitch Tournament - in the amount of $665.44 for the waiving of the costs associated with the baseball diamond rental at Chippawa Lion's Park and Patrick Cummings Park. 3. Niagara Children's Centre - Plasma Car Race - in the amount of $342.68 for the waiving of the costs associated with the arena floor rental. Carried Unanimously 9.2. F-2023-18 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council approve the cancellation, reduction or refund of taxes on the various roll numbers per the attached summary and granted to the property owners listed. Carried Unanimously 9.3. L-2023-11 Insurance Renewal Report Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council approve the 2023-2024 Comprehensive Insurance Program from Intact Public Entities Inc. (IPE). Carried Unanimously Page 8 of 19 9.4. MW -2023-18 Budget Amendment for John N Allan Park - Parking Lot and Lighting Improvements Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo THAT - Council authorize staff to proceed with the design and construction of 48 paved spaces including lighting and drainage improvements to the south parking lot at John N Allan Park at budgeted cost of $320,000.00; and further. THAT - Council approve a 2023 Capital Budget Amendment to create Project P140-23 for John N Allan Park Parking Lot Improvements with total budget of $320,000 (inclusive of non-recoverable HST) funded from the OLG Reserve. Carried (Councillor Lococo was opposed). 9.5. L-2023-13 Permanently Close and Declare Surplus of Lands Road Allowance between Lots 2 & 3, Concession 3, Willoughby being Morningstar Road; Niagara Falls Our File No.2023-79 Resident, Leigh Ann Sauer (speaking on behalf of husband, Nathan Sauer), of Willoughby Road, spoke in opposition of the report. Moved by Councillor Lori Lococo THAT Council defer the motion as presented. Motion defeated (Not put). Moved by Councillor Mona Patel Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council enter into an In -Camera session at 8:32 PM to seek legal advice. Carried Unanimously Council returned to open Council at 8:49 PM. Moved by Councillor Wayne Campbell Seconded by Councillor Tony Baldinelli 1. In the event that Council determines that it is in the public interest to do so, that part of Morningstar Road Allowance, between Sodom Road and Ort Road, north of Baker Road (the "Subject Lands"), as shown in blue on the map attached as Schedule "A", be permanently closed and declared surplus to the City's needs. Page 9 of 19 2. That any sale of the Subject Lands be conditional upon the lands being merged in title with the abutting lands. 3. That the City Solicitor and Chief Administrative Officer, or their designate, be authorized to execute all other documentation and take whatever steps necessary to carry out Recommendations 1 and 2. Carried (Councillor Lococo was opposed). 9.6. PBD -2023-38 26CD-1 1 -2017-003 Extension of 7736-7746 Beaverdams Road Draft Plan of Condominium 7736-7746 Beaverdams Road Applicant: Kamlesh Patel Agent: Quartek Group (Susan Smyth) Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council grant a 1 -year extension to draft plan approval of condominium (vacant land) with a new lapsing date of July 11th, 2024. Carried Unanimously 9.7. CLK-2023-06 Updates to Council's Code of Conduct Council last updated the current Code of Conduct in May of 2022. Since then, staff identified updates based on changes to provincial legislation and recommendations suggested by a recent Ombudsman report to Council. Council also met with the City's Integrity Commissioner as part of their orientation at the start of the current term of Council, who provided some feedback on the current Code. The updates were included in a copy of the Code of Conduct as presented to Council and approved, with several amendments made at the meeting and are listed as follows: Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the Code of Conduct be updated to reflect a mediation process. Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT the Code of Conduct be updated to reflect the authority for the Integrity Commissioner to investigate members of local boards and to offer applicable training to the board members. Carried Unanimously Page 10 of 19 Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT the Code of Conduct be updated to reflect that complaints may only be received by residents of Niagara Falls. Carried Unanimously (Councillor Lococo was opposed). Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg THAT the Code of Conduct be updated to reflect a mechanism for Integrity Commissioner to be able to reach out to complainants to clarify or ask for additional information. Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the Code of Conduct be updated to reflect the $500.00 fee to continue as part of the City's Code of Conduct. Carried (Councillor Lococo was opposed). Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT the Code of Conduct be updated to reflect that Council also has the authority to remove any member from any appointed boards, committees and commissions and to adopt the suggested changes to the City's Code of Conduct as proposed by staff. Carried (Councillor Lococo was opposed). DIRECTION TO STAFF: Councillor Lococo is looking for an update on the City's whistle -blower policy. 9.8. CAO -2023-05 Park Street Development Council took another step towards growing the number of affordable and attainable residential units in the City. At Tuesday's meeting, they approved a Request for Proposal (RFP) to facilitate the construction of an affordable housing project at 4500 Park Street under a joint venture arrangement with a development partner. Staff are recommending that the City -owned land located at 4500 Park Street be contributed into a newly formed joint venture and that a proponent be selected through an RFP process to an RFP process to build and maintain the property. A joint venture arrangement with a developer will allow greater control over the development partner, development plan, and long-term operational Page 11 of 19 plans as opposed to gifting the property to a developer or selling the property outright. Moved by Councillor Wayne Thomson Seconded by Councillor Wayne Campbell 1. THAT staff be DIRECTED to develop a public process to solicit competitive bids for a joint venture partner to provide a housing development with affordable and attainable units at 4500 Park Street. 2. THAT Council SUPPORT in principal the contribution of land located at 4500 Park Street to a joint venture arrangement subject to Council approval of terms in the joint venture agreement with the successful RFP proponent. Carried Unanimously 10. CONSENT AGENDA 10.1. HR -2023-01 Diversity and Inclusion Advisory Committee The Diversity and Inclusion Advisory Committee has a new name! The Diversity, Equity, and Inclusion Advisory Committee name was approved by Council, based on the committee's strong recommendation that their name reflects their work in diversity, equity, and inclusion. The committee defines equity as the rights of the individual to an equitable share of the goods and services in society. Moved by Councillor Wayne Campbell Seconded by Councillor Mike Strange THAT Council consider revising the current committee name (Diversity and Inclusion Advisory Committee), to Diversity, Equity and Inclusion Advisory Committee. Carried Unanimously 10.2. PBD -2023-35 Development and Housing Monitoring Report and Provincial Reporting Moved by Councillor Wayne Campbell Seconded by Councillor Mike Strange 1. THAT Council receive the Quarter 1 Development and Housing Monitoring Report that reviews the status of current development and housing activity in the City for the first quarter of 2023. Page 12 of 19 2. THAT Council direct staff to forward the housing information to the Province as requested. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Town of Fort Erie - Maintenance of Fort Erie Urgent Care Centre Hours of Operation The Municipal Council of the Town of Fort Erie at its Special meeting of June 5, 2023, passed the attached resolution. Recommendation: For Council's Consideration and Support. 11.2. Memo from Planning Regarding: PLC -2023-003, Request for Removal of Part Lot Control 11.3. Memo from Planning Regarding: PLC -2023-004, Request for Removal of Part Lot Control 11.4. Proclamation Request - World Hepatitis Day - 2023 Niagara Health, on behalf of the Hepatitis C Care Clinic Team, is requesting the City of Niagara Falls to proclaim Friday, July 28, 2023 as World Hepatitis Day in Niagara Falls. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council approve/support Item #10.1 through to and including Item #11.4. Carried Unanimously 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following matters: 1. Niagara Region Report PDS14-2023 - Niagara Region Highlights from the 2021 Census of Population. 2. Niagara Region Report PDS 12-2023 - Combined Sewer Overflow (CSO) Control and Wet Weather Management (WWM) Program - 2023 Funding Recommendations 3. Niagara Region Report PDS 17-2023 - Climate Change Update 4. Niagara Region Report PDS 13-2023 - 2022 Reserve Water and Wastewater Treatment Capabilities 5. Niagara Region Motion - Enhancing Canada's National Adaption Strategy Through a Great Lakes and St. Lawrence River Basin Coastal Resiliency Study Page 13 of 19 12.2. The Canadian Federation of Independent Business (CFIB) Attached is a letter outlining CFIB's request for municipalities across Ontario to implement a construction mitigation program for lengthy projects that cause major disruptions. DIRECTION TO STAFF: to have staff report back on what kind of cost or program there is to support small businesses that experience service disruptions. 12.3. Comments from resident Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council receive and file for information Item #12.1 through to and including Item #12.3. Carried Unanimously 13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 13.1. Noise By-law Exemption - Wedding - Saturday, October 12, 2024 A Niagara Falls resident is requesting a noise by-law exemption on Saturday, October 12, 2024 to allow for outdoor music from 2:00 PM to 1:00 AM at 5041 River Road in Niagara Falls, for an outdoor wedding (approximate number of guests: 70). Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council approve the extension of the noise by-law exemption on Saturday, October 12, 2024 to allow for outdoor music from 2:00 PM to 1:00 AM at 5041 River Road in Niagara Falls, for an outdoor wedding. Carried (Councillor Campbell was opposed). 13.2. Memo - Drainage Petition The attached Petition for Drainage Works by Owners - Form 1 - was received in the Clerk's Office on June 6, 2023, by Mr. David White of 5981 Willow Road. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council refer this petition to Staff for review in accordance with the Drainage Act, AND THAT Staff report back at the next Council meeting. Page 14 of 19 Carried Unanimously 13.3. Noise By-law Exemption - Taps Brewhouse Taps Brewing Company is seeking Council's exemption to the Noise By-law for the playing of amplified music during 3 events taking place this year, namely: -Super Heros of Autism Talent Showcase on June 25, 11 am to 11 pm. -One Big Day Music Festival with Innvitico (supported by Niagara Falls Cultural Grant) on July 22, Noon to midnight. -Rise Against Bullying fundraiser with Just Preston (who was just at the City's Pride flag event) on July 29, 1lam to Spm Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council approve the noise by-law exemptions for Taps Brewing Company for the following events: -Super Heros of Autism Talent Showcase on June 25, 2023 from 11 AM to 11 PM. -One Big Day Music Festival with Innvitico (supported by Niagara Falls Cultural Grant) on July 22, 2023 from noon to midnight. -Rise Against Bullying fundraiser with Just Preston (who was just at the City's Pride flag event) on July 29, 2023 from 11 AM to 9 PM. Carried Unanimously 13.4. Lundy's Lane BIA - 2023 Budget for Council Approval Attached is a copy of the Lundy's Lane BIA 2023 Budget. The budget was approved unanimously by the LLBIA Board at our May 30, 2023 board meeting. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council approve the 2023 budget for the Lundy's Lane BIA. Carried Unanimously 13.5. Clifton Hill BIA - 2023 Budget Attached is the 2023 budget for the Clifton Hill BIA. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson Page 15 of 19 THAT Council approve the 2023 budget for the Clifton Hill BIA. Carried Unanimously 14. RESOLUTIONS 14.1. Resolution No. 7 - AM -2023-007 -Minor Changes, No additional notice That subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the change in the zoning by-law minor and exempts the requirement for further written notice. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council approve the motion that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the change in the zoning by-law minor and exempts the requirement for further written notice as outlined in Resolution No. 7 - AM -2023-007. Carried Unanimously 15. RATIFICATION OF IN -CAMERA a) Ratification of In -Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council pass a resolution to hold a closed meeting on Tuesday, July 11, 2023 at 11:00 AM to deal with a personal matter as per Section 239 (2) (b) of the Municipal Act regarding the CAO, AND THAT the Director of Human Resources be appointed as Acting City Clerk for the purpose of this meeting. Carried Unanimously 16. NOTICE OF MOTION/NEW BUSINESS a) Property Tax Relief Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Wayne Campbell THAT staff present the Senior Tax Relief program to the Senior's Advisory Committee and to undertake a public input session by September 2023 and to report back recommendations to Council on October 3, 2023. b) Niagara Transit Commission Moved by Councillor Lori Lococo Carried Unanimously Page 16 of 19 Seconded by Councillor Wayne Campbell THAT the City of Niagara Falls Council request a review of the transit operations from the Region after one (1) year, and further to provide an explanation including rural residents in the regional transit charges. Carried Unanimously C) Property Tax Statements Direction to Staff: Councillor Lococo requested that staff come back with some tax relief options and to change the property tax bills in the future to have a sample tax bill as part of the budget presentation outlining each line item on the tax bill and where the expenses come from. d) Ontario Senior Homeowners' Property Tax Grant (OSHPTG) Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT Council direct staff to send a resolution to the Province asking for an increase on the Ontario Senior Homeowners' Property Tax Grant (OSHPTG) to reflect the current cost of living. Carried Unanimously e) Traffic Flows in City Direction to Staff: Councillor Baldinelli requested that Staff investigate traffic flows at intersections with smarter light signalling. f) Sight Line Reviews - Regional Transportation Department Moved by Councillor Tony Baldinelli Seconded by Councillor Wayne Campbell THAT the City of Niagara Falls Council ask the Regional Transportation Department to review intersection sight lines in the city, pertaining to advertisements on bus stops. Carried Unanimously g) City Dog Parks Direction to Staff: Councillor Patel requested staff to look at alternative sites for the addition of a dog park in the south end of the urban area of the City of Niagara Falls. h) Vacant City Parking Lots Direction to Staff: Councillor Patel requested staff to consider utilizing empty/vacant city parking lots to host events as a way to generate revenue. Page 17 of 19 Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Wayne Campbell THAT Council extend the curfew of 10:00 PM to continue with the open Council meeting. Carried Unanimously i) Dead Trees along Millenium Trail Direction to Staff: Councillor Pietrangelo requested that Staff arrange a meeting with OPG to discuss the issue of the dead trees along the Millenium Trail and to make accommodation to replace the dead trees accordingly. j) Welcoming New Residents to City Direction to Staff: Councillor Nieuwesteeg requested staff to follow up with the introduction of a welcoming package for new residents to the city and to possibly reinstate the publication of the "My City Guide/Leisure Guide." 17. BY-LAWS 2023- A by-law to designate Block 103, Registered Plan 59M-498, not to be subject 058. to part -lot control (PLC -2023-004). 2023- A by-law to designate Blocks104, 115, 118 & 119, Registered Plan 59M-498, 059, not to be subject to part -lot control (PLC -2023-003). 2023- A by-law to provide for the adoption of Amendment No. 156 to the City of 060. Niagara Falls Official Plan (AM -2022-031). 2023- A by-law to amend By-law No. 79-200, to permit the use of the lands for 061. commercial purposes and to permit the construction of a 9 unit commercial building (AM -2022-031). 2023- A by-law to repeal By-law 2002-156 and to amend By-law No. 79-200, to 062. permit the use of the lands for an 8 storey mixed-use building with 3 ground floor commercial units and 77 dwelling units subject to the removal of a holding (H) symbol (AM -2022-018). 2023- A by-law to declare PIN 64251-0036 (LT), Road Allowance between Lots 2 & 063. 3, Concession 3, Willoughby, being Morningstar Road, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. 2023- A by-law to permanently close part of a highway. 064. Page 18 of 19 2023- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 065. employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2023- A by-law to adopt, ratify and confirm the actions of City Council at its meeting 066. held on the 20th day of June, 2023. 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-law 2023-063 and by-law 2023-064. 18. ADJOURNMENT a) Adjournment Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council adjourn the meeting at 10:25 PM. ayor City Clerk Carried Unanimously Page 19 of 19