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MINUTES
City Council Meeting
1:00 PM - Tuesday, August 15, 2023
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, August
15, 2023, at 1:41 PM in the Council Chambers, with the following members present:
COUNCIL Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo,
PRESENT: Councillor Ruth -Ann Nieuwesteeg, Councillor Mona Patel, Councillor
Wayne Thomson (present in Chambers).
Councillor Wayne Campbell (present via Zoom).
COUNCIL Councillor Victor Pietrangelo, Councillor Mike Strange
ABSENT:
STAFF Jason Burgess, Bill Matson, Kathy Moldenhauer, James Dowling, Shelley
PRESENT: Darlington, Kira Dolch, Mat Bilodeau, Chief Jo Zambito, Andrew Bryce,
Margaret Corbett, Heather Ruzylo, Brian Dick (Present in Chambers)
Nidhi Punyarthi, Trent Dark (present via Zoom)
1. CALL TO ORDER
The meeting was called to order at 1:41 PM.
2. IN CAMERA SESSION OF COUNCIL
2.1. Resolution to go In -Camera
Moved by Councillor Lori Lococo
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 July 11, 2023
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Tony Baldinelli
THAT Council approve the minutes of the July 11, 2023 meeting as presented.
Carried Unanimously (Councillor Campbell was absent from the vote).
4. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Mona Patel declared a conflict of interest to the following items on
the agenda:
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• Item #8.5 - PBD -2023-51 - AM -2023-002 - as the Councillor's husband's
employer will be affected by the development.
• Item #17 - By-law 2023-079 and By-law 2023-080 as both by-laws
pertain to PBD -2023-51, and the Councillor's husband's employer will be
affected by the development.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to the following:
• Zilpha Dark, mother of Trent Dark, Director of Human Resources.
• Vince Cuviello, retired City employee.
• Derek Tidd, former Town Crier.
• Pam Jones, sister of retired Mayor and CAO's office employee, Cathy
Crabbe.
Mayor Diodati recognized the following recent events:
Niagara Malayalee Association's Tug of War Competition [photo]
•Also attended by Councillor Patel, Councillor Pietrangelo & Councillor Strange
Children's Memorial Walkway Ribbon Cutting [photo]
•Also attended by Councillor Thomson, Councillor Strange, Councillor Lococo,
Councillor Pietrangelo, Councillor Nieuwesteeg
South Niagara Hospital Ground Breaking [photo]
•Also attended by Councillors Nieuwesteeg, Patel, Lococo, Baldinelli and
Strange
Steppe Up for Ukraine [photo]
Annual Commemorative Service for Battle of Lundy's Lane [photo]
Key to the City — Frank Dancevic [photo]
Niagara Fiesta Extravaganza [photo]
•Also attended by Councillors Strange, Lococo, Patel & Nieuwesteeg.
Fundraising Send -Off for Councillors Strange & Pietrangelo [photo]
•Wish them well on their journey
Councillor Representation
Councillor Patel•Ruffin's Pet Centres
Grand Openings & Business Happenings [photos shown]
•Sobey's Grand Re -Opening
•Roots & Blooms Flower Shop
Page 2 of 21
oAlso attended by Councillors Baldinelli, Patel & Lococo
•Just Be Strong Inc.
oAlso attended by Councillors Patel & Nieuwesteeg
•Pie Guys
oAlso attended by Councillors Patel & Nieuwesteeg (Baldinelli?)
•Rona +
oAlso attended by Councillors Patel & Nieuwesteeg
•Niagara Parks Pop -Up Store at Fallsivew Casino
•Neighbourhood Barber Shope & Shave Parlour
Grey Cup Game - 2023
The historic 110th CFL Grey Cup Game will be hosted at the Tim Hortons Field
in Hamilton. The game will be hosted in Hamilton but since our Niagara
Peninsula has garnered international recognition and is the world's largest
producer of icewine, it is only fitting for Niagara Falls to be serving the dessert.
The Big game will take place on Sunday, November 19, 2023, but Grey Cup
festival events will begin in downtown Hamilton Thursday, November 16th.
Niagara Falls looks forward to hosting a special reception at the Fallsview
Casino Avalon Theatre and the awards event at the new state of the art OLG
Stage. World-class entertainment will be officially announced soon and free,
safe and reliable shuttle services will run from Niagara Falls to downtown
Hamilton throughout the festival.
Looking forward to welcoming CFL fans to take a trip to Niagara Falls while
enjoying all of the Grey Cup festivities.
Mayor Jim's Charity Community BBQ
• All are welcome!
• Live local music, performance & games
• Sunday, September 10, 2023
• 12-4:00 PM
• St. George Serbian Orthodox Church, 6085 Montrose Road
• To benefit: Niagara Health Foundation and the Niagara Falls Hospice
b) The next Council meeting is scheduled for Tuesday, September 12, 2023.
6. DEPUTATIONS / PRESENTATIONS
6.1. By-law 2023-78
Rocky Vacca of Sullivan Mahoney
Mr. Vacca appeared as a delegation to speak in regards to By-law 2023-078 -
A by-law to amend By-law No. 79-200, to regulate the McLeod Meadows plan
of subdivision on the lands subject to the removal of a Holding (H) symbol (AM -
2023 -007).
Page 3 of 21
Moved by Councillor Tony Baldinelli
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT By-law 2023-078 be read a first, second and third time and passed.
Carried Unanimously (Councillor Campbell was absent from the vote).
7. PLANNING MATTERS
Council left the Council Chamber to enter into a closed -door session, as per the
previous motion passed.
7.1. PBD -2023-46
AM -2023-009, Zoning By-law Amendment
5705 Buchanan Avenue
Proposal: To permit the existing 3 -unit dwelling and add vacation rental
units as a permitted use.
Applicant: Vikrampal Moomie & Baljit Moomie
Agent: Aaron Butler (NPG Planning Solutions)
The public meeting commenced at 3:09 PM.
Scott Turnbull, Planner 1, provided an overview of Report PBD -2023-46.
Max Fedchyshak and Aaron Butler, from NPG Planning Solutions, shared a
presentation on behalf of the applicant.
Resident, Loretta Burns, of 5662 Buchanan Avenue, spoke in opposition of the
development citing noise and garbage concerns.
The public meeting was closed at 3:34 PM.
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Mona Patel
THAT Council approve the Zoning By-law amendment application to
rezone the property to a site-specific Deferred Tourist Commercial
(DTC) zone to permit the existing 3 -unit dwelling, increase the maximum
area of the rear yard which can be used as parking area, and to add
vacation rental units as a permitted use, subject to the regulations
outlined in this report.
2. THAT the amending zoning by-law include a Holding (H) provision to
require the owner to enter into an encroachment agreement with the
City of Niagara Falls for the encroachments of the dwelling onto the City
right of way unless the agreement is entered into prior to the passing of
the implementing by-law; and furthermore, THAT staff be directed to add
conditions to any licence on the property, restricting the noise level
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during service times at the Church of St. Ann, located at 5740 Buchanan
Avenue, Niagara Falls.
Carried Unanimously
7.2. PBD -2023-47
Employment Lands Conversion: Official Plan Amendment No. 157 (Fraser
Street, west of Stanley Avenue and lands east of Fourth Avenue, north of
Hamilton Street)
The public meeting commenced at 3:38 PM.
Brian Dick, Senior Manager of Policy Planning, provided an overview of Report
PBD -2023-47.
The following spoke to the matter:
• Murk Mihalkoff (from Oleo Energies Inc.), of 5800 Thorold Stone Road,
spoke in opposition of the development.
• Chris Frail, of 4397 Third Avenue, spoke in opposition of the
development citing traffic concerns (adding speed humps, leaving Third
Avenue as a dead-end).
• Peter Giblett, of 4354 Second Avenue, spoke in opposition of the
development citing garden and environmental contaminants.
• Linda Pope, of 5626 George Street, spoke in opposition of the
development citing environmental and zoning issues (testing the soil).
• Aaron Butler, from NPG Planning Solutions, spoke on behalf of a client
whom lives on Fourth Avenue and was in support of the application.
The public meeting was closed at 4:15 PM.
Moved by Councillor Wayne Thomson
17HAT Council preliminary support Official Plan Amendment No. 157 with site
specific conditions as outlined in this report.
2. THAT final Council approval of Official Plan Amendment No. 157 occur after
public input has been collected and reviewed by staff.
Not Put
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
THAT Council deny the request from Staff to amend the Official Plan to convert
two industrial designated sites into residential.
Carried (Councillor Thomson was opposed).
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
Page 5 of 21
THAT Council bring forward Item #15 on the agenda to be discussed prior to
the start of Item #8 (Reports).
Carried Unanimously
8. REPORTS
8.1. F-2023-22
2022 Parking Fund Budget to Actual Variance (Unaudited)
At 5:06 PM, Council discussed Item #8 (Reports).
Moved by Councillor Tony Baldinelli
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT the Parking Fund Budget to Actual Variance report for the year ended
December 31, 2022 BE RECEIVED.
Carried Unanimously (Councillor Campbell was absent).
8.2. F-2023-24 - 2023 Capital Project Closing Report
Moved by Councillor Wayne Thomson
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council receive the report for information and approve the
recommended transfers to/from reserves/reserve funds per Attachment
1;
2. THAT Council approve the closure of the projects listed in Attachment 1
and release any associated funding commitments;
3. THAT Council approve the Wet Weather Management Program Funding
Adjustments as outlined in Attachment 2 to align the City's approved
capital budgets with Regional Program approvals;
4. THAT Council approve the recommended funding swaps, budget
amendments and budget adjustments proposed in Attachment 3.
Carried Unanimously (Councillor Campbell was absent from vote).
8.3. F-2023-25
2022 Development Charges Treasurer's Statement
Moved by Councillor Tony Baldinelli
Seconded by Councillor Wayne Thomson
THAT Council receive this report and attachment for information.
Carried Unanimously
8.4. F-2023-26
Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of
The Municipal Act, 2001
Moved by Councillor Tony Baldinelli
Page 6 of 21
Seconded by Councillor Wayne Campbell
THAT Council APPROVE the cancellation, reduction or refund of taxes on the
various accounts per the attached summary and granted to the property
owners listed.
Carried Unanimously
8.5. PBD -2023-51
AM -2023-002
Minor Change to Zoning By-law Application
Grand Niagara Draft Plan of Subdivision
8218, 8228, and 8547 Grassy Brook Road
Applicant: Empire (Grand Niagara) Project GP Inc.
Agent: Armstrong Planning I Project Management
Councillor Patel left the Council Chamber at 5:09 PM as she had declared a
conflict to this matter.
Moved by Councillor Wayne Thomson
Seconded by Councillor Ruth -Ann Nieuwesteeg
1. THAT subject to subsection 34(17) of the Planning Act, Council pass a
resolution to deem the change to the proposed Zoning By-law
amendment to be minor in nature and that no further notice is
necessary; and,
2. THAT Council approve the change to the proposed Zoning By-law
amendment as detailed in this report and pass the implementing zoning
by-law on Council's agenda this afternoon.
Carried (Councillor Patel declared a conflict and Councillors Lococo and
Campbell were opposed).
8.6. Councillor Patel returned to the Council Chamber at 5:10 PM.
PBD -2023-52
AM -2021-010
Official Plan and Zoning By-law Amendment
Minor Change to Proposed Zoning By-law
Applicant: 2683421 Ontario Limited
Agent: Zelinka Priamo Ltd. (Rob McFarlane)
Moved by Councillor Tony Baldinelli
Seconded by Councillor Wayne Thomson
1. THAT subject to subsection 34(17) of the Planning Act, Council pass a
resolution to deem the revision to the Zoning By-law amendment
application to be minor in nature and that no further notice is necessary;
and,
2. THAT Council approve the revision to the Zoning By-law amendment as
detailed in this report.
Carried Unanimously
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9. CONSENT AGENDA
9.1. F-2023-16 - 2021 (unaudited) Budget to Actual Variance Report - Tax Levy
Supported Operating Fund
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council RECEIVE report F-2023-16, 2021 (unaudited) Budget to Actual
Variance Report - Tax Levy Supported Operating Fund for information.
Carried Unanimously
9.2. PBD -2023-50
Matters Arising from the Municipal Heritage Committee
Removal of 6270 Dunn Street from the Municipal Register of Heritage
Properties
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council approve the removal of the property known municipally as 6270
Dunn Street from the Municipal Register of Heritage Properties.
Carried Unanimously
9.3. MW -2023-24
Parking Control Review - Victoria Avenue, Morrison Street, and Simcoe
Street
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council approve the conversion of the existing two-hour paid parking
zones to two-hour free time limited parking on the following roadways:
• Victoria Avenue from Simcoe Street to Bridge Street;
• Simcoe Street, east of Victoria Avenue; and,
• Morrison Street, east of Victoria Avenue.
Carried Unanimously
9.4. MW -2023-25
Extension and New Contract Agreement with the Canadian Corp of
Commissionaires for Parking Enforcement Services
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
1. THAT Council approve an extension of the Canadian Corp of
Commissionaires current contract from October 1, 2023 to December 31, 2023
under the same terms and conditions as previously approved.
Page 8 of 21
2. THAT Council approve a single source procurement in accordance with By -
Law No. 2021-04, Section 18 Single and Sole Purchases with the Canadian Corp
of Commissionaires for the provision of Parking Control Officers.
3. THAT Council provide delegated authority to the Chief Administrative Officer
and the General Manager of Municipal Works to negotiate new terms and
conditions and execute a new contract with the Canadian Corp of
Commissionaires for a term of five (5) years from January 1, 2024 to December
31, 2028 with an option to renew the contract for five (5) additional one (1) year
terms.
Carried Unanimously
9.5. MW -2023-26
Proposed Community Safety Zones
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council approve the establishment of Community Safety Zones at each
of the locations outlined below:
1. Dorchester Road between a point 45 metres south of McLeod Road and
a point 80 metres north of Lundy's Lane;
2. Dorchester Road between a point 130 metres south of Thorold Stone
Road and a point 20 metres north of Wilinger Street;
3. Dunn Street between a point 10 metres west of Dorchester Road & a
point 22 metres east of Drummond Road;
4. Drummond Road between a point 58 metres south of Lundy's Lane & a
point 19 metres south of Prospect Street;
5. Valley Way between Houck Drive & a point 44 metres west of Fourth
Avenue;
6. Morrison Street between a point 20 metres east of Portage Road & a
point 78 metres west of 6th Avenue;
7. O'Neil Street between Dorchester Road & a point 50 metres west of
Portage Road; and
8. Kalar Road between a point 28 metres north of Thorold Stone Road & a
point 272 metres south of Mount Carmel Boulevard.
Carried Unanimously
9.6. PBD -2023-49
Matters Arising from the Municipal Heritage Committee
Proposed Exterior restoration of the VIA Station, 4267 Bridge Street and
Proposed exterior restoration of the former Carnegie Library 5017
Victoria Avenue
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
Page 9 of 21
1. That Council approve the proposed exterior alterations to the VIA
Station as they will -not alter the reasons for designation and will assist in
the continued use and further preservation of the building.
2. That Council approve the proposed exterior alterations to the former
Carnegie Library building as they will not alter the reasons for
designation and will assist in the continued use and further preservation
of the building.
Carried Unanimously
9.7. PBD -2023-50
Matters Arising from the Municipal Heritage Committee
Removal of 6270 Dunn Street from the Municipal Register of Heritage
Properties
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council approve the removal of the property known municipally as 6270
Dunn Street from the Municipal Register of Heritage Properties.
Carried Unanimously
9.8. R&C-2023-11
2023 Sports Wall of Fame Inductees
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council approve the following 2023 Sports Wall of Fame Inductees:
David Cuviello, Athlete, Soccer
Paul Delano, Athlete, Soccer
John Folino, Athlete, Soccer
Mike Folino, Athlete, Soccer
John Gallo, Athlete, Soccer
Donald Gignac, Athlete, Boxing
Brian King, Athlete, Soccer
Vince Lepiane, Athlete, Soccer
Sonny Pascuzzi, Builder, Boxing
Vito Scaringi Sr., Builder Baseball and Hockey
Andrea Vescio Sherry, Athlete, Soccer
Niagara Falls Collegiate and Vocational Institute 1972 Football Team
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Niagara Escarpment Biosphere Network (NEBN)
Attached is correspondence from Walter Sendzik, Niagara Escarpment
Biosphere Network (NEBN) Chair, asking Council to support this newly
established organization.
Page 10 of 21
Recommendation: For the Support of Council.
10.2. Proclamation and Illumination Request - Arthritis Awareness Month -
September 2023
The Arthritis Society is requesting that Council proclaim the month of
September 2023 as Arthritis Awareness Month and approve Niagara Falls City
Hall to be lit up in blue on Thursday, October 12, 2023 in support of World
Arthritis Day.
Recommendation: For the Approval of Council.
10.3. Proclamation Request - Child Care Worker & Early Childhood Educator
Appreciation Day
The Ontario Coalition for Better Child Care is requesting Council proclaim and
participate in Child Care Worker & Early Childhood Educator Appreciation Day
on Tuesday, October 17, 2023.
This day recognizes the commitment, skills and hard work of Early Childhood
Educators (ECEs) and staff who work with young children.
Recommendation: For the Approval of Council.
10.4. Proclamation Request - Pitt Hopkin's Syndrome
Local residents, whose 6 year old son has bee diagnosed with this rare genetic
disorder, are requesting Council proclaim Monday, September 18, 2023 as
"Pitt Hopkin's Syndrome Awareness Day."
Pitt Hopkin's syndrome is a very rare genetic disorder involving 1000 children
worldwide. September 18th is proclaimed as Pitt Hopkin's Syndrome
awareness day at an International level. The purpose of this proclamation is to
create awareness about this rare genetic disorder to make community more
inclusive towards these children.
Recommendation: For the Approval of Council.
10.5. Flag -Raising Request - Childhood Cancer Awareness Month
The Bauer family is requesting Council approve a flag -raising for Childhood
Cancer Awareness Month for Thursday, August 31, 2023 or a time available in
September of 2023.
Recommendation: For the Approval of Council.
10.6. Proclamation Request - International Overdose Awareness Day
Please see the attached as a request for a Mayoral Proclamation in honour of
International Overdose Awareness Day, which is held August 31st worldwide.
Positive Living Niagara is requesting Council proclaim Thursday, August 31 st,
2023 as "Overdose Awareness Day."
Moved by Councillor Lori Lococo
Seconded by Councillor Tony Baldinelli
Page 11 of 21
THAT Council approve/support Item #10.1 through to and including Item #10.6.
Carried Unanimously
10.7. Proclamation Request - Rail Safety Week - 2023
Rail Safety Week will be held in Canada and the United States from
September 18-24, 2023. This is an opportunity for us all to educate the public
on rail safety. As such, CN is requesting Council proclaim September 18-24,
2023 as "Rail Safety Week."
Recommendation: For the Approval of Council.
Moved by Councillor Lori Lococo
Seconded by Councillor Tony Baldinelli
THAT Council approve the request to proclaim September 18-24, 2023 as
"Rail Safety Week."
Carried Unanimously
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1. Our CN In Your Community - Report
CN is committed to contribute to our shared future, from community safety and
environmental efforts to local initiatives and partnerships. Learn more in our
2023 CN In Your Community report, which is now offered digitally in line with
our goal to reduce our impact on the environment.
Recommendation: For the Information of Council.
11.2. Plant Based Treaty
Attached is information pertaining to the Plant Based Treaty provided by
supporter of cause.
Recommendation: For the Information of Council.
11.3. Niagara Region Correspondence
Attached is correspondence sent from the Niagara Region regarding the
following matters:
1. Niagara Region Report PDS 22-2023 - Proposed Provincial Planning
Statement - Natural Heritage Policies.
Recommendation: For the Information of Council.
Moved by Councillor Lori Lococo
Seconded by Councillor Tony Baldinelli
THAT Council refer this report PDS 22-2023 - Proposed Provincial Planning
Statement - Natural Heritage Polices to staff and to have staff report back on
the proposed provincial planning statement.
Carried Unanimously
11.4. Resolution - Town of Fort Erie - Ford -Woodbine's Race Stay Program
Page 12 of 21
Attached is a resolution passed by the Municipal Council of the Town of Fort
Erie at its meeting of June 26, 2023 regarding the impact on Woodbine's Race
and Stay Program on the Fort Erie Race Track.
Recommendation: For the Information of Council.
11.5. Resolution - Municipality of Grey Highlands
Attached is a resolution that was passed at the June 21, 2023 meeting of the
Council of the Municipality of Grey Highlands, in regards to mandating school
bus stop arm cameras.
Recommendation: For the Information of Council.
Moved by Councillor Wayne Campbell
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council receive and file for information Items #11.1, #11.2, #11.4 and
#11.5.
Carried Unanimously
11.6. Resolutions - Niagara Peninsula Conservation Authority (NPCA)
At the July 21, 2023 meeting, the Board of Directors of the NPCA adopted the
attached 2 resolutions.
Recommendation: For the Information of Council.
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Thomson
THAT Council receive and file for information.
Carried Unanimously
11.7. Resolution - City of Woodstock - Homelessness Crisis and Opioid Crisis
Attached is a resolution passed at the City of Woodstock's City Council
meeting of July 13, 2023, pertaining to the homelessness and opioid crisis.
Recommendation: For the Information of Council.
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Mona Patel
THAT Council receive and file for information.
Carried Unanimously
11.8. Correspondence from the City of Toronto - Planning & Housing
Committee - City Comments on the Proposed Provincial Planning
Statement
City of Toronto City Council on June 14 and 15, 2023 considered Item PH4.8
and the copy is attached for reference.
Page 13 of 21
Recommendation: For the Information of Council.
11.9. Motion - Social Issues
Resident Steven Soos provided a suggested motion to Council that Staff
revised for Council to receive for information pertaining to social issues.
Recommendation: THAT Council receive for information purposes.
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Mona Patel
THAT Council receive and file for information. Item #11.8 and #11.9.
Carried Unanimously (Councillor Campbell was absent).
11.10. Strong Mayor's Act -Summary of changes
Attached is a summary reviewing the changes in legislation regarding the
Strong Mayor's Act.
Recommendation: For the information of Council.
Moved by Councillor Lori Lococo
Seconded by Councillor Tony Baldinelli
THAT Council receive and file for information and that staff be directed to
come back to Council with further information to provide clarity on a few
questions raised.
Carried Unanimously
11.11. Memo -Status of Application -AM-2022-017 -Zoning By-law
Amendment - Kevin Dilts
On July 11, 2023, Council held a public meeting to consider a zoning by-law
amendment, to rezone a parcel of land from Open Space to Rural Agriculture
(per Zoning By-law 1538, 1958) that would permit the construction of a
detached dwelling.
Recommendation: For the information of Council.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council receive and file for information.
Carried Unanimously
11.12. Memo - MacBain Community Centre (MCC) Hours August 15, 2023
In order to continue to expand and meet the needs of the community,
including programming
and rental requests, the Centre will be open Sunday's 7:00 am to 5:00 pm
beginning September
10, 2023.
Recommendation: For the information of Council.
Page 14 of 21
Moved by Councillor Wayne Thomson
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council receive and file for information.
Carried Unanimously
11.13. City of Ottawa -Donation of Decommissioned Ambulance to St. John
Ambulance
Attached is a letter and the report from The City of Ottawa approving the
donation of a decommissioned ambulance to St. John Ambulance
Recommendation: For the information of Council.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council receive and file for information.
Carried Unanimously
11.14. Memo - DB -2023-002 -Deeming By-law Application
ACK Architects — Michael Allen has requested Council pass a Deeming By-
law under the Planning Act so that Lots 29 & 30 in Plan 31 will no longer be
lots within a registered plan of subdivision.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council receive and file for information.
Carried Unanimously (Councillor Lococo was opposed).
11.15. Comments from Resident
Moved by Councillor Mona Patel
Seconded by Councillor Tony Baldinelli
THAT Council receive and file for information.
Carried Unanimously
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Recognition of an Event of Municipal Significance and Noise By-law
Exemption - Niagara Falls Night of Art -
Niagara Falls Night of Art is an annual event where various art forms come
together on one night to showcase the best of Niagara artistic talent. The event
will be held on Thursday, September 21, 2023.
Recommendation:
THAT Council declare the Night of Art an Event of Municipal Significance to
assist with obtaining a Special Occasion Liquor Licence from the Alcohol &
Gaming Commission of Ontario and THAT Council grant an exemption to the
Page 15 of 21
City's Noise By-law for the playing of music until 11:59pm on September 21,
2023 for the Night of Art Event taking place at the Niagara Falls Exchange and
Museum properties.
Moved by Councillor Lori Lococo
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council declare the Night of Art an Event of Municipal Significance to
assist with obtaining a Special Occasion Liquor Licence from the Alcohol &
Gaming Commission of Ontario and THAT Council grant an exemption to the
City's Noise By-law for the playing of music until 11:59pm on September 21,
2023 for the Night of Art Event taking place at the Niagara Falls Exchange and
Museum properties.
Carried Unanimously (Councillor Campbell was absent from vote).
12.2. Noise By-law Exemption - Mighty Niagara Film Festival: Niagara & To
Play A Daredevil's Advocate - Wednesday, August 16, 2023
The Might Niagara Film Festival is an annual event put on by the Niagara
Artist Company with an event sponsored by the City of Niagara Falls Culture
Section on August 16, 2023 and the event will be held at Coronation Park
(5775 Hanan Ave.)
The event is expected to attract 50-100 audience members from across
Southern Ontario and Western New York. This event will support and promote
the artistic talents of residents of Niagara Falls and the Niagara Region.
Recommendation:
THAT Niagara Falls City Council grants the Niagara Artist Centre relief to the
City's Noise By-law to allow entertainment until 11:00 pm on Wednesday,
August 16, 2023.
Moved by Councillor Lori Lococo
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Niagara Falls City Council grants the Niagara Artist Centre relief to the
City's Noise By-law to allow entertainment until 11:00 pm on Wednesday,
August 16, 2023.
Carried Unanimously (Councillor Campbell was absent from the vote).
12.3. Noise By-law Exemption - Mighty Niagara Film Festival: Showdown in
Silvertown - Friday, August 18, 2023
The Sadies perform live to short films remixed from classic spaghetti westerns
by Niagara filmmakers.
The Might Niagara Film Festival is an annual event put on by the Niagara
Artist Company with an event sponsored by the City of Niagara Falls Culture
Section on August 18, 2023. The event will be held at Trikes ATV Park (4620
Buttery Street). The event is expected to attract 50-100 audience members
from across Southern Ontario and Western New York. This event will support
and promote the artistic talents of residents of Niagara Falls and the Niagara
Region.
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Recommendation:
THAT Niagara Falls City Council grants the Niagara Artist Centre relief to the
City's Noise By-law to allow entertainment until 11:59PM on Friday, August 18,
2023.
Moved by Councillor Lori Lococo
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Niagara Falls City Council grants the Niagara Artist Centre relief to the
City's Noise By-law to allow entertainment until 11:59PM on Friday, August 18,
2023.
Carried Unanimously (Councillor Campbell was absent from the vote).
12.4. Niagara United Soccer Club - 50th Anniversary - Request to waive by-law
- Food Truck
Niagara United Soccer Club is celebrating their 50th Anniversary on Saturday,
August 19, 2023 from 11:00 AM - 2:00 PM at Kalar Sports Park. They plan to
host a ceremony, providing food and drinks and planning fun games and
giveaways.
The Club is asking Council to waive the by-law to allow for the food truck at the
event.
Recommendation:
That Council approve waiving the by-law to allow for the food truck at the 50th
Anniversary event, on Saturday, August 19, 2023 from 11:00 AM - 2:00 PM.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council approve waiving the by-law to allow for the food truck at the
50th Anniversary event, on Saturday, August 19, 2023 from 11:00 AM - 2:00
PM.
Carried Unanimously
12.5. Memo from Niagara Transit Commission - WEGO Delivery Agreement
Expiration
Attached is memo from the Niagara Transit Commission regarding the WEGO
Visitor Transportation Services & City Service - Planning for 2024.
Recommendation:
For Council information and to Refer to Staff.
Moved by Councillor Wayne Campbell
Seconded by Councillor Mona Patel
THAT Council receive for information and refer the matter to staff.
Carried Unanimously
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13. RESOLUTIONS
13.1. Resolution to go In -Camera -November 21, 2023
Moved by Councillor Mona Patel
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council enter into an In -Camera meeting on Tuesday, November 21,
2023.
Carried Unanimously
13.2. Resolution to call Special Council Meeting - November 28, 2023
Moved by Councillor Mona Patel
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council enter into a Special Council Meeting on Tuesday, November 28,
2023.
Carried Unanimously
13.3. Resolution - AM -2023-002
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 Ruth -Ann Nieuwesteeg
Seconded by Councillor Tony Baldinelli
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.
Carried (Councillor Lococo was opposed and Councillor Patel declared a
conflict)..
14. RATIFICATION OF IN -CAMERA
a) Ratification of In -Camera
Moved by Councillor Mona Patel
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council accept an offer to purchase Part of Cook's Mills Road, being
Parts 2 & 4, Plan 59R-17616, for $3,900.00 plus HST; and
THAT Council accept an offer to purchase Part of Cook's Mills Road, being
Parts 3 & 5, Plan 59R-17616, for $4,300.00 plus HST.
Carried Unanimously
15. MOTIONS
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15.1 Motion - Basic Income
Councillor Lococo has asked Council to support the concept of a basic income.
Resident, Sandra MacKinnon addressed Council on this matter.
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
(a)THAT the City of Niagara Falls supports the concept of a Guaranteed Livable
Basic Income to combat poverty, income inequality, and economic insecurity within
our community; and supports the continuing advocacy of the Basic Income Hamilton
Working Group (under the auspices of the Hamilton Roundtable for Poverty
Reduction) to share research and unique experiences of local residents who
participated in the Ontario Basic Income Pilot project;
(b)THAT the City of Niagara Falls calls upon the provincial and federal governments
to collaborate to research a national Guaranteed Livable Basic Income program;
(c)THAT Niagara Falls City Council directs the Office of the Mayor to write a letter to
the Prime Minister, local Members of Parliament and the Senate, the Premier of
Ontario, local Members of the Legislative Assembly of Ontario, calling on these
orders of government to work collaboratively towards researching a National
Guaranteed Livable Basic Income to eradicate poverty and homelessness, and
ensure everyone has sufficient income to meet their basic needs; and
(d)THAT the City of Niagara Falls encourages other municipalities across the
province and the country to join in advocating for a Guaranteed Livable Basic
Income as a key policy tool in the fight against poverty and inequality and to this
end, Hamilton City Council will advocate through its representatives at the
Association of Municipalities of Ontario and the Canadian Federation of
Municipalities for Guaranteed Livable Basic Income resolutions at meetings of those
organizations.
Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Lori
Lococo, and Councillor Tony Baldinelli
Nays: Councillor Wayne Thomson, Councillor Mona Patel, and Councillor
Ruth -Ann Nieuwesteeg
CARRIED. 4-3 on a recorded vote
16. NOTICE OF MOTION/NEW BUSINESS
16.1. NOTICE OF MOTION -Amendment to Firework By-law
Attached a Motion of Notice from Councillor Patel in regards to the current
Firework By-law.
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Tony Baldinelli
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THAT the motion brought forth by Councillor Patel in regards to the current
Fireworks By-law be accepted and brought forth at the next Council meeting
on Tuesday, September 12, 2023 for discussion.
Carried Unanimously
a) Niagara Falls Review
Councillor Campbell discussed the issue of newspapers being delivered to the
end of driveways.
Direction to Staff: Staff to contact the Town of Fort Erie to investigate the by-
law which states that papers be delivered to resident's porches.
b) Council Meetings - City of Niagara Falls
Direction to Staff: Staff to bring a report back discussing Council options
regarding start times of city council meetings.
c) Trailers/RV's parked in driveways
Direction to Staff: Parking and by-law staff to come back with a report on
parking in driveways for trailer and RV's.
d) Resolution - Paul Bernardo
Direction to Staff: that a resolution be brought to the next Council requesting
Council's support of sending Paul Bernardo back to maximum security.
17. BY-LAWS
2023- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
055. and traffic on City Roads. (Parking Meter Zones, Limited Parking)
2023- A by-law to designate Lots 29 & 30, Plan 31 to be deemed not to be within a
075. registered plan of subdivision (DB -2023-002).
2023- A by-law to provide for the adoption of Amendment No. 159 to the City of
076. Niagara Falls Official Plan (AM -2023-005).
2023- A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5
077. storey, apartment dwelling with 50 dwelling units (AM -2023-005).
2023- A by-law to provide for the adoption of Amendment No. 161 to the City of
079. Niagara Falls Official Plan (AM -2023-002).
2023- A by-law to amend By-law No. 79-200, to regulate the Grand Niagara plan of
080. subdivision on the lands subject to the removal of a Holding (H) symbol (AM -
2023 -002).
2023- A by-law to amend By-law No.79-200 to permit a stacked townhouse dwelling
081. containing ten dwelling units that may be used as vacation rental units (AM -
2023 -003).
2023- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
082. employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
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2023- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
083. and traffic on City Roads. (Parking Prohibited, Designated Lanes, Standing
Prohibited, Stopping Prohibited)
2023- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
084. and traffic on City Roads. (Parking Prohibited, Designated Lanes, Standing
Prohibited, Stopping Prohibited)
2023- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
085. and traffic on City Roads. (Parking Prohibited, Designated Lanes, Standing
Prohibited, Stopping Prohibited)
2023- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
086. and traffic on City Roads. (Community Safety Zones, Speed Limits on
Highways)
2023- A by-law to adopt, ratify and confirm the actions of City Council at its meeting
087. held on the 15th day of August, 2023.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT the by-laws be read a first, second and third time and passed.
Carried (Councillors Niewesteeg and Patel were opposed to by-laws
2023-076 & 2023-077 and Councillor Lococo was opposed to by-laws
2023-079 and 2023-080; Councillor Patel declared a conflict to by-laws
2023-079 and 2023-080 and Councillor Nieuwesteeg declared a conflict
to bylaws 2023-079 and 2023-080).
18. ADJOURNMENT
a) Adjournment
Moved by Councillor Wayne Thomson
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council adjourn the meeting at 5:59 PM.
Carried Unanimously
V
L
Mor
ity Clerk
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