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09/12/2023Niagma MINUTES #11S City Council Meeting 4:00 PM - Tuesday, September 12, 2023 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, September 12, 2023, at 4:17 PM, in the Council Chambers, with the following members present: PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Ruth -Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson STAFF Jason Burgess, Bill Matson, Erik Nickel, Tiffany Clark, Shelley Darlington, PRESENT: Kira Dolch, Andrew Bryce, Joe Zambito, Serge Felicetti, Margaret Corbett, Heather Ruzylo (present in Chambers) 1. CALL TO ORDER The meeting was called to order at 4:17 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. Resolutions to go In -Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council enter into an In -Camera session on September 12, 2023 and on September 19, 2023 and October 18, 2023. Carried Unanimously 3. ADOPTION OF MINUTES 3.1. Council Minutes of August 15, 2023 Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT Council approve the minutes of the August 15, 2023 meeting as presented. Carried Unanimously (Councillor Pietrangelo declared a conflict to Items #11.3, #11.6 and #11.11). 4. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Victor Pietrangelo declared a conflict of interest to the following items from the August 15, 2023 Council agenda: Page 1 of 12 Item #11.3 - Niagara Region Correspondence - PDS 22-2023 - Proposed Provincial Planning Statement - Natural Heritage Policies. Item #11.6 - NPCA - resolution - as both of these items (#11.3 and #11.6) deal with Provincial Planning Statements and the Councillor's family owns lands that can be affected. Item #11.11 - Memo - Status of Application - AM -2022-017 - Zoning By- law Amendment - as Councillor's father owns testamentary devise lands. b) Councillor Victor Pietrangelo declared a conflict of interest to the following on the September 12, 2023 agenda: • Item #8.3 - PBD -2023-55 - 2023 Provincial Planning Statement Natural Heritage Policies, as the Councillor's family owns lands that can be affected. • Item #11.4 - Niagara Region Correspondence - PDS -24-2023, as Councillor's parents own land that can be affected. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Irene Collee - mother of Doug Collee of our Fire Prevention Office. • Colin "Barney" Ruddell - Retired Deputy Fire Chief. The Mayor mentioned the following City events: AMO — London -Minister of Transportation -Minister of Infrastructure (Region) Niagara United Soccer Club 50th Anniversary [photo] -(no councillors) Firefighter Recruit Graduation [photo] -(no councillors) Niagara Falls Irish Festival [photo] -Also attended by Councillors Lococo and Patel St. Paul's Evangelical/ Lutheran Church Final Service [photo] -Also attended by Councillor Lococo Key to the City Presentation — Fred Fox [photo] -Also attended by Councillor Nieuwesteeg, Lococo and Thomson F.H. Leslie Playground Ribbon Cutting [photo] -Also attended by Councillors Nieuwesteeg, Lococo, Baldinelli and Thomson Heater's Heroes [photo] -Congratulations to Councillors Pietrangelo and Strange -Raised $50K this year Page 2 of 12 -Gruelling- cobwebs/ snakes/ mud/ rocks/ leaky motorhome -Wanted to quit, but couldn't quit on the kids -Event attended by Councillors Lococo, Nieuwesteeg, Baldinelli and Thomson Our First Annual Charity Community BBQ [photo] -Mike & Armelina Glavcic $1 M •$30K raised between Hospice/ Hospital •3-5K attendees -THANK YOU to 100's of volunteers/ city staff -Sponsors/ Donors/ Community -Attended by all of City Council Councillor Representation Councillor Patel•Onam Celebration with the United Keralites of Niagara •Onam Celebration of MASS Niagara Regional Councillor Morocco -Groundbreaking Ceremony -55 Plus Active Adult Lifestyle Community Flag Raisings [photos for each were shown] -Restoration Day- Dominican Republic oAttended by Councillor Patel -Ukraine's Independence Day oAttended by Councillor Lococo -Childhood Cancer Awareness Month oAttended by Councillors Baldinelli, Thomson, Patel and Councillors Pietrangelo and Strange virtually from their run •PKD (Polycystic Kidney Disease) Awareness Day oAttended by Councillors Baldinelli, Thomson and Patel Grand Openings & Business Happenings [photos for each were shown] •Kristina's Kolours 10th Anniversary – (no councillors) -Metro - (no councillors) -High End Cannabis Grand Opening oAttended by Councillor Patel •Hazukido Grand Opening oAttended by Councillors Thomson and Patel b) The next Council meeting is scheduled for Tuesday, October 3rd, 2023. 6. DEPUTATIONS / PRESENTATIONS 6.1. BDD-2023-001 Niagara Falls Economic Development Strategy Angela Davidson, Manager of Business Development, introduced Report BDD- 2023-001 and the Niagara Falls Economic Development Strategy and the Page 3 of 12 consultants from Stiletto, Laura O'Blenis and Tara Sutton, whom led the presentation. Laura O'Blenis, President & CEO of Stiletto and Tara Sutton, Project Lead, made a presentation to Council. Mayor Diodati left the meeting at 5:12 PM, and Councillor Pietrangelo resumed as Chair. At 5:16 PM, Mayor Diodati returned to meeting as Chair. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth -Ann Nieuwesteeg 1. THAT Council approve the draft Economic Development Strategy Five Year Plan. Carried Unanimously 7. PLANNING MATTERS 7.1. PBD -2023-53 AM -2023-011 Zoning By-law Amendment Application 5504 Lewis Avenue Applicant: Jingfang Wang Agent: Greg Taras (Urban & Environmental Management Inc.) Councillor Pietrangelo left the meeting at 5:53 PM and returned at 5:58 PM. The Public Meeting commenced at 5:53 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD -2023-53. Samantha Bray, Project Manager from Urban & Environmental Management Inc., was in attendance and responded to Council questions. The Public Meeting was closed at 6:02 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo 1. THAT Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential Apartment 5A Density (R5A) Zone to allow the conversion of an existing mixed-use building to an apartment dwelling containing 7 units, subject to the regulations outlined in this report, 2. THAT the amending Zoning By-law include a Holding (H) provision to require a Development Agreement be entered into between the applicant and the City containing noise warning clauses to the satisfaction of the City and the Niagara Region, Page 4 of 12 3. THAT the Mayor and Clerk be authorized to execute a Development Agreement to the Satisfaction of the City Solicitor; and further, 4. THAT the City Solicitor be authorized to register the Development Agreement on title to 5504 Lewis Avenue in the Land Registry Office at Mr. Jingfang Wang's expense. Carried Unanimously Moved by Councillor Mona Patel Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council enter into an In -Camera session. Carried Unanimously 8. REPORTS At 6:03 PM, Councillors left Chambers to go into an In -Camera session. 8.1. MW -2023-27 Climate Change Adaptation Implementation Plan Rena Viehbeck, from the ICLEI Canada Team, presented to Council and was available, via Zoom, to respond to Council questions. Direction to Staff: Councillor Lococo suggested that Municipal Works' staff provide an annual report on Climate Change and also expressed her interest in being a Champion on Council for the Climate Change Adaptation Implementation Plan. Moved by Councillor Lori Lococo Seconded by Councillor Ruth -Ann Nieuwesteeg 1. THAT City of Niagara Falls Council approves the Climate Change Adaptation Implementation Plan (Adaptation Plan); and further, 2. THAT City of Niagara Falls Council directs staff to proceed with the implementation plan initiatives as outlined in this report; and further, 3. THAT City of Niagara Falls Council direct staff seek funding support through applicable federal and provincial opportunities as they arise, including the Natural Resources Canada Climate Change Adaptation Program, to create a Climate Change Coordinator contract position to lead the implementation of the Adaptation Plan and climate change - related initiatives. Carried Unanimously 8.2. PBD -2023-54 Community Improvement Plan Incentive Programs Review Initiation Report Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell Page 5 of 12 1. THAT Council receive this report regarding the initiation of a review of the Incentive Programs for the City's Community Improvement Plans. 2. THAT Council authorize staff to consult key stakeholders through the incentives review process. 3. THAT Council direct Staff to delegate the approval authority for simple grant CIP applications to Staff as discussed in this report. Carried Unanimously 8.3. PBD -2023-55 2023 Provincial Planning Statement Natural Heritage Policies Councillor Pietrangelo left the meeting as he had declared a conflict to this report (PBD -2023-55). Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council receive this report for information. Carried (Councillor Lococo was opposed and Councillor Pietrangelo declared a conflict). 8.4. PBD -2023-56 Quarter 2 Development and Housing Report and Provincial Reporting Councillor Pietrangelo returned to Chambers at 7:47 PM. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell 1. THAT Council receive the Quarter 2 Development and Housing Report that reviews the status of current development and housing activity in the City for the second quarter of 2023. 2. THAT Council direct staff to forward the housing information to the Province as required. 3. THAT Council direct staff to investigate solutions to our City's current rodent issues. Carried Unanimously 9. CONSENT AGENDA 9.1. F-2023-28 2022 (unaudited) Water/Wastewater Fund Budget to Actual Variance report Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli Page 6 of 12 1. THAT Council RECEIVE report F-2023-28, 2022 (unaudited) Water/Wastewater Fund Budget to Actual Variance report for information. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Proclamation Request - Wear Red Canada Day 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. The Wear Red Canada team is requesting Council's assistance in proclaiming Tuesday, February 13, 2024 as "Wear Red Canada Day" in Niagara Falls. Recommendation: For the Approval of Council. 10.2. Flag -Raising Request - AIDS Awareness Week; World Aid's Day; Aboriginal AIDS Awareness Week Positive Living Niagara is requesting a flag raising on Thursday, November 23, 2023 in recognition of AIDS Awareness Week (Nov 23 - Dec 1), World AIDS Day (Dec 1) and Aboriginal AIDS Awareness Week (Dec. 1-8). Recommendation: For the Approval of Council. 10.3. Resolution - City of Thorold - Support of Keeping Paul Bernardo in Maximum Security Placement Attached is a resolution from the City of Thorold requesting support of Council. Recommendation: That Council Support the resolution. 10.4. Flag -Raising Request - United Way United Way Niagara is requesting raising the United Way flag in conjunction with their annual fundraising campaign, during the week of September 25th. Each year, United Way Niagara strive to raise millions of dollars to help provide local families and individuals with a social safety net and we can't accomplish our goals without the help of local municipalities like the City of Niagara Falls. Recommendation: For the Approval of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council approve/support Item #10.1 through to Item #10.4. Page 7 of 12 Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Township of Emo - Black Ash Tree - Endangered Species Classification The Township of Emo has passed the attached resolution at the June 14, 2023 Council meeting regarding the Province of Ontario classification of the Black Ash Tree being a species at risk. Recommendation: For the Information of Council. 11.2. Resolution -Township of Severn -Climate Emergency Just Transition Transfer Attached is a resolution from the Township of Severn regarding the Just Transition Transfer (JTT). Recommendation: For the Information of Council. 11.3. Letter from the Honourable Steve Clark, Minister of Municipal Affairs and Housing Attached is a letter from the Minister of Municipal Affairs and Housing regarding the new Building Faster Fund. Recommendation: For the Information of Council. 11.4. Niagara Region Correspondence Attached is correspondence sent from the the Niagara Region regarding the following matters: 1. Niagara Region Report PDS 24-2023 - Approval of City of Niagara Falls Official Plan Amendment No. 147 (Employment Policies) 2. Niagara Region Motion - Support for Association of Municipalities of Ontario (AMO) Municipal Code of Conduct Recommendations Recommendation: For the Information of Council. 11.5. Integrity Commissioner Report - Final Investigation Report - IC -25822- 0823 Attached is a letter and report from the Integrity Commissioner regarding IC - 25822 -0823 - Omnibus Complaint re: Various Members of Council. Recommendation: For the Information of Council. Joedy Burdett, resident of Niagara Falls, addressed Council. Councillor Campbell inquired as to the cost of this Integrity Commissioner Report - IC -25822-0823. City Clerk, Bill Matson, informed Council that the cost was $15,407.55. 11.6. Comments from resident Page 8 of 12 Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council receive and file for information Item #11.1 though to and including Item #11.6. Carried Unanimously (Councillor Pietrangelo declared a conflict to Item #11.4) 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Noise By-law Exemption - Niagara Falls Curling Club Inc. - Gale Centre Arena Parking Lot The Niagara Falls Curling Club is submitting an Application for Exemption - Noise Control BV -law for the consideration of Council. The Event/Entertainment Tent will host live entertainment in support of the International Curling Event (Grand Slam of Curling) that is being hosted inside the Gale Centre Arena from October 17-22, 2023. Recommendation: THAT Niagara Falls Council grant the Niagara Falls Curling Club relief to the City's Noise By-law to allow entertainment from 11:00 AM until 12:30 AM on Thursday, October 19, 2023, Friday, October 20, 2023 and Saturday, October 21, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Niagara Falls Council grant the Niagara Falls Curling Club relief to the City's Noise By-law to allow entertainment from 11:00 AM until 12:30 AM on Thursday, October 19, 2023, Friday, October 20, 2023 and Saturday, October 21, 2023. Carried Unanimously 13. RESOLUTIONS 13.1. Resolution - AM -2021-010 - Minor Report Resolution As per report PBD -2023-52 on the August 15th Council agenda, please see attached the resolution to deem changes minor to permit a 10.9m exterior side yard width along Montrose Road and to permit a 1.5 metre projection for balconies and canopies into the required side yard. Council approved the report on the August 15th agenda. This resolution was intended to be signed after the approval of the report. Moved by Councillor Victor Pietrangelo 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 Page 9 of 12 Carried Unanimously 14. RATIFICATION OF IN -CAMERA Nothing to report or ratify. 15. MOTIONS 15.1. Motion -Amendment to Firework By-law Councillor Patel asked Council to consider approving amendments to the current Firework by-law. It is recommended: 1. THAT staff be DIRECTED to amend By-law No. 2017-101 - Fireworks By-law; to include Diwali and Chinese Lunar New Year. 2. THAT staff INCLUDE amendments to sections 5.4 and 6.1; 3. AND THAT staff REVIEW similar by-laws from other municipalities. Joedy Burdett, resident of Niagara Falls, addressed Council proposing that other holidays be included such as New Year's Eve and New Year's Day. Moved by Councillor Mona Patel Seconded by Councillor Mike Strange THAT staff be DIRECTED to amend By-law No. 2017-101 - Fireworks By-law; to include Diwali and Chinese Lunar New Year. THAT staff INCLUDE amendments to sections 5.4 and 6.1; AND THAT staff REVIEW similar by-laws from other municipalities. Carried Unanimously (Councillor Pietrangelo was absent from the vote). 16. NOTICE OF MOTION/NEW BUSINESS a) NOTICE OF MOTION - Public Safety - Welland River (Chippawa Creek) Councillor Nieuwesteeg submitted the following notice of motion: THAT staff bring a report back to Council to see how the City and other appropriate agencies can improve public safety in the Welland River (aka- The Chippawa Creek). As there was a tragic death recently in the Welland River, a review of what the City can do is an appropriate undertaking for Council and the City. 09 12 2023 - Councillor Nieuwesteeg - Public Safety - Welland River b) Safety Committee Direction to Staff: Councillor Lococo was looking for an update as to the status of forming a safety committee. C) Notice of Motion - PBD -2023-47 Page 10 of 12 Councillor Baldinelli requested that PBD -2023-47 (brought before Council at the August 15, 2023 Council Meeting) be brought back before Council for reconsideration. 17. BY-LAWS 2023- A by-law to provide for the adoption of Amendment No. 160 to the City of 088. Niagara Falls Official Plan (AM -2021-010). 2023- A by-law to amend By-law No. 79-200, to permit the use of the lands for a 13- 089. storey and 8 -storey apartment dwelling and 10 blocks of 3 storey townhouse dwellings subject to the removal of a holding (H) symbol, and By-law No. 2007-062 is rescinded for the subject lands (AM -2021-010). 2023- A by-law to authorize the execution and registration of an Encroachment 090. Agreement with Vikrampal Singh Moomie and Baljit Kaur Moomie respecting the partial dwelling, front step and covered front entrance porch at 5705 Buchanan Avenue. 2023- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 091. 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 092. held on the 12th day of September, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT the by-laws be read a first, second and third time and passed. Carried Unanimously 18. ADJOURNMENT a) Adjournment Moved by Councillor Wayne Campbell Seconded by Councillor Mona Patel THAT Council adjourn the meeting at 8:45 PM. Carried Unanimously zAk ay!or- City Clerk Page 11 of 12 Notice of Motion am notifying Council of my intent to bring a motion to the next Council meeting to request: That staff bring a report to see how the City and other appropriate agencies can improve public safety in the Welland River AKA The Chippewa Creek As we know there was a tragic death recently in the River and I believe a review of what the City can do is appropriate undertaking for this Council and the City. Page 12 of 12