12/12/2023Niagara MINUTES
J7alis Cit Council Meeting
CANADA Y
1:00 PM - Tuesday, December 12, 2023
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday,
December 12, 2023, at 1:16 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
Victor Pietrangelo (arrived at 3:05 PM), Councillor Mike Strange,
Councillor Wayne Thomson (present in Chambers)
Councillor Wayne Campbell (present via Zoom)
STAFF Jason Burgess, Bill Matson, Andrew Bryce, Kathy Moldenhauer, Nidhi
PRESENT: Punyarthi, Chief Jo Zambito, Erik Nickel, Tiffany Clark, Trent Dark,
Shelley Darlington, Margaret Corbett, Heather Ruzylo (present in
Chambers)
Dave Etherington (present via Zoom)
1. CALL TO ORDER
The meeting was called to order at 1:16 PM.
2. ADOPTION OF MINUTES
2.1. Council Minutes of November 14, 2023
Moved by Councillor Mike Strange
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council approve the minutes of the November 14, 2023.
Carried Unanimously (Councillors Campbell and Pietrangelo were absent
from the vote).
2.2. Council Minutes of November 28, 2023 (Special Council Meeting - Budget)
Moved by Councillor Tony Baldinelli
Seconded by Councillor Mona Patel
THAT Council approve the minutes of the November 28, 2023 (Special Council
Meeting - Budget).
Carried Unanimously (Councillors Campbell and Pietrangelo were absent
from the vote).
3. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Pietrangelo declared a conflict of interest to the following agenda
items:
Page 1 of 19
#7.9 - PBD -2023-81 and #9.1 - PBD -2023-73 as the Councillors' main
residence is within the notification zone.
4. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to the following:
• Rod Perrier, husband of retired City employee, Toni Lynn Perrier.
• Donna Weins, mother of Brad Weins of our Fire Department.
b) Mayor Diodati mentioned the following events:
Niagara Riverhawks- Cancer Awareness Night
-Also attended by Councillor Strange
SPCA Winter Auction Fundraiser
Councillor Representation
Councillor LococoFaith Fellowship Church Fundraiser
Business Happenings—grand openings: [photos were shown for eachl
•Niku Japanese BBQ 1 Year Anniversary
oAlso attended by Councillor Pietrangelo
-Lugo Clinic New Location Opening
-Tide & Vine's Fish Market
oAlso attended by Councillor Baldinelli, Thomson and Patel
-On The Ridge Cannabis
oAlso attended by Councillor Patel
Flag Raising: [photo shown]
-Romania's National Day
oAlso attended by Councillor Thomson
Coming up:
-Merry Christmas/ Happy Holidays – however you celebrate!
c) The next closed Council meeting is scheduled for Monday, January 15, 204
(Budget Q&A).
The next Council meeting is scheduled for Tuesday, January 16th, 2024.
5. DEPUTATIONS / PRESENTATIONS
5.1. PBD -2023-83
Agreement Renewal - Niagara SPCA & Humane Society
John Greer, General Manager from the SPCA, provided a presentation to
Council.
Page 2 of 19
Gerald Spencer, Manager of Municipal Enforcement Services, attended
virtually and added comments.
Sandra MacKeigan, of 8055 McLeod Road, spoke citing her opinions of the
SPCA.
Moved by Councillor Mike Strange
Seconded by Councillor Mona Patel
1. THAT Council of the City of Niagara Falls receive report PBD -2023-83 and
renew a 5 -year single source contractual agreement with the City of Niagara
Falls SPCA and Humane Society.
2. THAT Council delegate the CAO and the City Solicitor to finalize and sign a
contract under the general economic terms outlined in this report.
3. THAT additional information pertaining to the SPCA be added to our
website to provide education to the public.
Carried Unanimously (Councillor Pietrangelo and Campbell were absent
from the vote).
5.2. PBD -2023-82
Planning Services Fee Review
Sean -Michael Stephen, consultant from Watson and Associates Economists
Ltd., was in attendance to provide comments, however, his presentation was
not needed.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mona Patel
1. Council approve the recommendations contained in the Planning
Services Fee Study; and
2. That Council approve an additional 3% increase in fees for 2024 to
reflect the cost of living increase.
Carried (Councillor Lococo was opposed and Councillor Pietrangelo and
Campbell were absent from the vote).
5.3. F-2023-37
Mayor's Proposed Draft 2024 Water and Wastewater Budgets
Tiffany Clark, Director of Finance, provided the 2024 Water and Wastewater
Budget presentation to Council.
Adam Allcock, Senior Manager of Water and Wastewater was in attendance to
respond to Council questions.
Page 3 of 19
Councillor Pietrangelo arrived at 3:05 PM.
Moved by Councillor Mike Strange
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council RECEIVE the 2024 Mayor's Proposed Draft 2024 Water
and Wastewater budgets with revenues and expenses totaling
$27,941,206.00 and $33,812,027.00 respectively.
2. THAT Council APPROVE the use of reserve funding as outlined in
Attachment 5.
3. THAT Council makes amendments (if any) to the Mayor's Proposed
Draft 2024 Water and Wastewater budgets, by way of resolution, during
this regular meeting of Council (December 12, 2023); and
4. FURTHER, should Council be satisfied all possible amendments have
been considered, that by way of resolution, Council shorten the 30 day
review period, allowed under the Strong Mayors Act, by 25 days, such
that the review period ends on December 12, 2023; and
If no amendments have been made and recommendation #4 has been
approved to shorten the review period, then the budget will be deemed
adopted (i.e. approved) as of December 12, 2023.
Carried (Councillor Lococo was opposed and Councillor Campbell was
absent from the vote).
6. IN CAMERA SESSION OF COUNCIL
6.1. In -Camera Resolution (for January 15, 2024 In -camera session)
Moved by Councillor Mona Patel
Seconded by Councillor Wayne Thomson
THAT Council enter into an In -Camera session for January 15, 2024.
Carried Unanimously (Councillor Campbell was absent from the vote).
6.2. In -Camera Resolution (for December 12, 2023)
Moved by Councillor Mona Patel
Seconded by Councillor Wayne Thomson
THAT Council enter into an In -Camera session for December 12, 2023.
Carried Unanimously (Councillor Campbell was absent from the vote).
7. REPORTS
7.1. CAO -2023-07
Page 4 of 19
Land Acknowledgement - Legal Opinion
Moved by Councillor Lori Lococo
Seconded by Councillor Mona Patel
THAT Report CAO -2023-07 be referred to staff to have a report come back at
a future Council meeting.
Carried Unanimously (Councillor Campbell was absent from the vote).
7.2. F-2023-30
2024 Schedule of Fees
Moved by Councillor Mike Strange
Seconded by Councillor Victor Pietrangelo
1. THAT the Schedule of Fees, as presented in the attached schedule, BE
APPROVED with fees effective January 1, 2024.
2. And, THAT staff report back throughout the year with further
amendments to the Schedule of Fees, as required, stemming from
ongoing fee study's being performed in various departments.
Carried (Councillor Lococo was opposed to the vote and Councillor
Campbell was absent from the vote).
7.3. F-2023-38
Debenture Financing For Adopted 2024 Capital Budget
Moved by Councillor Mike Strange
Seconded by Councillor Victor Pietrangelo
1. THAT the Annual Repayment Limit (ARL) in Attachment 3 and Revised
Annual Repayment Limit (ARL) in Attachment 5, BE RECEIVED for
information;
2. THAT the debt swaps proposed in Attachment 1, to reduce the City's
debt obligations for projects less than $1 M, BE APPROVED.
3. THAT the debt financing outlined in Attachment 2, per the 2024 Capital
Budget BE RECEIVED;
4. THAT the revised debt financing in Attachment 4, inclusive of proposed
debt swaps, BE REFERRED to the City's 2024 operating budget
process;
5. THAT the net tax levy impact of 0.94% for 2024 capital projects being
debt financed via the City's 2024 Capital Budget, inclusive of debt swaps
in Attachment 1, BE REFERRED to the 2024 Tax Levy Supported
Operating Budget process;
6. THAT staff BE AUTHORIZED to execute all agreements necessary to
finance capital projects with debentures as outlined in Attachment 4.
Page 5 of 19
Carried (Councillor Lococo was opposed and Councillor Campbelll was
absent from the vote).
7.4. FIR -2023-03
Total Solar Eclipse Update #1 - April 8, 2024
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
THAT Council receive and file report FIR -2023-03.
Carried Unanimously (Councillor Campbell was absent from the vote).
7.5. L-2023-23
Moving Towards an Administrative Monetary Penalties System (AMPS)
for Non -Parking Matters
Moved by Councillor Mona Patel
Seconded by Councillor Mike Strange
1. THAT Council receive this report for information purposes;
2. THAT Council approve and enact the Non -Parking Administrative
Monetary Penalties By-law attached at Appendix 1 to this Report
(hereinafter referred to as the "Non -Parking AMPS By-law");
3. THAT the Designated By-laws referred to in the Schedules of the Non -
Parking AMPS By-law be deemed amended by the Non -Parking AMPS
By-law such that listed violations under those Designated By-laws are
subject to the administrative monetary penalties system as of the
effective date of the Non -Parking AMPS By-law;
4. THAT the policies, procedures, and agreements in place for the
operation of the parking administrative monetary penalties system be
amended and expanded to include application to the non -parking
administrative monetary penalties system; and
5. THAT Council delegate authority to the Chief Administrative Officer, the
General Manager of Planning, Building and Development, the Manager
of Municipal Enforcement Services and the City Solicitor and their
further delegates as appropriate to take any step or action necessary to
administer the Non -Parking AMPS By-law.
Direction to Staff: to have Finance report back with an update for Council as to
how AMPS is progressing.
Carried Unanimously (Councillor Campbell was absent from the vote).
7.6. MW -2023-36
Water, Wastewater, Storm Sewer, and Streetlighting Locates Contract
Extension
Moved by Councillor Victor Pietrangelo
Page 6 of 19
Seconded by Councillor Wayne Thomson
THAT Niagara Falls City Council authorize Staff to extend the contract with
Ontario Utility Locates Inc. of Niagara Falls, Ontario for six months for the
provision of Public Utility Locating Services for City -owned water, wastewater,
storm sewer and streetlighting infrastructure as required by Provincial
Legislation.
Carried Unanimously (Councillor Campbell was absent from the vote).
7.7. PBD -2023-79
26CD-11-2023-005
Draft Approval Vacant Land of Condominium
Vacant Land — Dorchester Road (PID -347942)
Roll Number: 272511000102704
Applicant: G & G Developments Inc. (Guy Pellegrino)
Agent: Peter Lesdow
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
1. That the Draft Plan of Condominium for vacant land located on Dorchester
Road,
south of Sunrise Court be draft approved subject to the draft plan conditions in
Appendix A;
2. 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;
3. 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
4. That the Mayor and City Clerk be authorized to execute the
Condominium
Agreement and any required documents to allow for the future registration of
the
Condominium when all matters are addressed to the satisfaction of the City
Solicitor.
Carried Unanimously (Councillor Campbell was absent from the vote).
7.8. PBD -2023-80
26CD-11-2023-006
Draft Plan of Vacant Land Condominium Approval
5500 Marineland Parkway & Abutting Vacant Lands
Applicant: Marina (Thundering Waters) Developments Inc.
Agent: NPG Planning Solutions Inc. (Mary Lou Tanner)
Mary Lou Tanner, agent from NPG Planning Solutions Inc, spoke in support of
the staff report.
Page 7 of 19
Moved by Councillor Wayne Thomson
Seconded by Councillor Mona Patel
1. That the Draft Plan of Vacant Land Condominium for 5500 Marineland
Parkway and abutting vacant lands be draft approved, subject to the
conditions contained in Appendix A;
2. That the Mayor or designate be authorized to sign the Draft Plan of
Vacant Land Condominium 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;
3. That Draft Plan approval be given for three years, after which approval
will lapse unless an extension is requested by the Owner/Developer and
granted by Council; and,
4. That the Mayor and City Clerk be authorized to execute the
Condominium Agreement(s) and any required documents to allow for
the future registration of the Condominium(s) when all matters are
addressed to the satisfaction of the City Solicitor.
Carried (Councillor Baldinelli was opposed to the vote and Councillor
Campbell was absent from the vote).
7.9. PBD -2023-81
26CD-11-2022-006 — Draft Plan of Vacant Land Condominium
3770 Montrose Road
Applicant: Cassone Dwellings (BT) Inc. (Brandon Rossi)
Moved by Councillor Mike Strange
Seconded by Councillor Lori Lococo
1. THAT the Plan of Vacant Land Condominium be draft approved subject
to the conditions in Appendix A;
2. 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 filed with the Clerk;
3. 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,
4. THAT the Mayor and City Clerk be authorized to execute the Vacant
Land of Condominium Agreement and any required documents to allow
for the future registration of the Vacant Land of Condominium when all
matters are addressed to the satisfaction of the City Solicitor.
Carried Unanimously (Councillor Campbell was absent from the vote).
8. CONSENT AGENDA
8.1. F-2023-35
Approval of Interim 2024 Spending Limits
Page 8 of 19
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Thomson
THAT, in the absence of an adopted 2024 Tax Levy Supported Operating
Budget, City Council approves that City departments be allowed to incur costs
to a level of 50% of the departments' expenditure budget of the prior year.
Carried Unanimously (Councillor Campbell and Councillor Pietrangelo
were absent from the vote).
8.2. HR -2023-03
Non -Union By-law
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Thomson
THAT Council approve the amendments to the By-law respecting sick leave,
pensions and other benefits for non-union employees.
Carried Unanimously (Councillor Campbell and Councillor Pietrangelo
were absent from the vote).
8.3. MW -2023-34
Assumption of Various Subdivisions
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Thomson
THAT City Council formally assume Warren Woods Phase 5 Stages 1 & 2
(Plan 59M-463), Winzen (Plan 59M-474), and Chippawa West Phase 2 Stage
3 (Plan 59M-426) subdivisions.
Carried Unanimously (Councillor Campbell and Councillor Pietrangelo
were absent from the vote).
9. PLANNING MATTERS
9.1. PBD -2023-73
AM -2023-010
Zoning By-law Amendment Application
7769, 7735, 7751 Thorold Stone Road
Applicant: Thorowest Construction Ltd. (R. Biamonte)
Agent: Craig Rohe (Upper Canada Consultants)
The Public meeting commenced at 5:42 PM.
Nick DeBenedetti, Planner 2, provided an overview of Report PBD -2023-73.
Craig Rohe, agent and Senior Planner at Upper Canada Consultants, spoke in
support of the report.
The Public meeting closed at 5:54 PM.
Page 9 of 19
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
THAT Council approve the Zoning By-law amendment to rezone the property,
a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) zone,
in part and an Environmental Protection Area (EPA) zone, in part, to allow for
the development of 44 townhouse dwelling units in 9 blocks, together with 1
detached and 2 semi-detached dwellings, subject to the regulations outlined in
this report.
Carried Unanimously (Councillor Pietrangelo declared a conflict and
Councillor Campbell was absent from the vote).
9.2. PBD -2023-74
AM -2023-020
Zoning By-law Amendment Application
3151 Montrose Road and a vacant parcel to the north
Applicant: 1000441695 Ontario Inc.
Agent: Rachelle Larocque (The Biglieri Group)
The Public meeting commenced at 5:55 PM.
Nick DeBenedetti, Planner 2, provided an overview of Report PBD -2023-74.
Rachelle Larocque, agent from Biglieri Group, spoke in support of the staff
report.
The Public meeting was closed at 6:07 PM.
Moved by Councillor Mike Strange
Seconded by Councillor Victor Pietrangelo
THAT Council approve the Zoning By-law amendment to rezone the property,
a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) zone,
in part, to allow for the development of 9 townhouse dwelling units in 2 blocks,
together with 2 detached dwellings and a site-specific Residential 1 E Density
(R1 E) zone, in part, for a detached dwelling, subject to the regulations outlined
in this report.
Carried Unanimously (Councillor Campbell was absent from the vote).
9.3. PBD -2023-75
AM -2023-024
Zoning By-law Amendment Application
3090 Montrose Road
Applicant: 2855078 Ontario Inc.
Agent: Greg Taras (Urban and Environmental Management Inc.)
Page 10 of 19
The Public meeting commenced at 6:08 PM.
Nick DeBenedetti, Planner 2, provided an overview of Report PBD -2023-75.
Greg Taras, agent and Senior Planner from Urban and Environmental
Management Inc., spoke in support of the staff report. Mr. Taras mentioned
that there will be a noise barrier wall added along the side backing onto the
QEW.
The Public meeting was closed at 6:13 PM.
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Thomson
THAT Council approve the Zoning By-law amendment to rezone the property,
a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) zone
to allow for the development of 6 townhouse dwelling units in 1 block, together
with a semi-detached dwelling, subject to the regulations outlined in this report.
Carried Unanimously (Councillor Campbell was absent from the vote).
9.4. PBD -2023-72
AM -2022-030
Zoning By-law Amendment Application
5809, 5821 and 5829 McLeod Road
Applicant: 1959064 Ontario Inc. (Pathmanathan Rajasingham)
Agent: Tom Vanle (Vanle Architect Inc.)
The Public meeting commenced at 6:14 PM.
Nick DeBenedetti, Planner 2, provided an overview of Report PBD -2023-72.
Mayor Jim Diodati left the meeting at 6:16 PM and Councillor Pietrangelo
resumed as Chair of Council meeting.
Maurizio Rogato, Planner from BlackThorn Development, spoke in support of
the staff report.
Mayor Diodati resumed as Chair of meeting at 6:19 PM.
The Public meeting closed at 6:20 PM.
Moved by Councillor Lori Lococo
Seconded by Councillor Mona Patel
THAT Council approve the Zoning By-law amendment to rezone the property,a
site-specific Residential Apartment 5C Density (R5C) zone to allow for the
development of 43 apartment dwelling units in 3 stacked townhouse dwellings
with surfaced parking and garages, subject to the regulations outlined in this
Page 11 of 19
report.
Carried Unanimously (Councillor Campbell was absent from the vote).
9.5. PBD -2023-78
AM -2023-018
Zoning By-law Amendment Application
North of Lyon's Parkway, between Ort Road and Lyon's Creek, partially
known municipally as 4949 Lyon's Parkway
Applicant: Jeff & Craig Corey
The Public meeting commenced at 6:21 PM.
Alexa Cooper, Planner 2, provided an overview of Report PBD -2023-78.
Leslie Laan, of 5525 Reixinger Road, spoke in appreciation of staff report,
however cited some environmental issues (Environment Impact Study).
Craig Corey, of 9188 Hendershot Blvd, spoke in support of the staff report and
also addressed Leslie Laan's concerns.
The Public meeting closed at 6:42 PM.
Moved by Councillor Mike Strange
Seconded by Councillor Victor Pietrangelo
THAT Council approve a Zoning By-law amendment to rezone the subject
lands (north of Lyon's Parkway, between Ort Road and Lyon's Creek, partially
known municipally as 4949 Lyon's Parkway) to a Residential 1 C Density (R1 C)
Zone, in part, a site specific Residential 1 C Density (R1 C -XX) Zone, in part,
and an Environmental Protection Area (EPA) Zone, in part, to permit 3
detached dwelling units and facilitate conditionally approved consent
applications B-2023-002, B-2023-003 and B-2023-004, subject to Staff
recommendations as outlined in this report.
Carried Unanimously (Councillor Campbell was absent from the vote).
9.6. PBD -2023-77
AM -2023-021, Zoning By-law Amendment
Hawkins Street (PID 4478)
Proposal: To rezone the land to a site specific Residential Two (R2) zone
to permit the development of a semi-detached dwelling
Applicant: Mario D'Addio (N & J Homes)
Agent: The Biglieri Group Ltd. (Rachelle Larocque)
The Public meeting commenced at 6:42 PM.
Danielle Foley, Planning Student, provided an overview of Report PBD -2023-
77.
Frank De Luca, of 4341 Kilman Place, spoke in opposition of the staff report
citing set -back concerns and timing issues regarding the development and
Page 12 of 19
traffic concerns as it relates to the other proposed development.
Rachelle Larocque, Registered Planner, from the Bigilieri Group, representing
the clients, provided a presentation in support of the staff presentation.
However, she spoke about the request to push the garages back 3 meters and
that it is not a practical request as it reduces livable use in the house and
deceases the length of the driveway. Ms. Larocque, was asking staff to amend
the report to address this issue, as shown in the diagram of her presentation.
Alignment of the garage to be aligned with the front -face of the house is the
suggestion made by Andrew Bryce. Andrew suggested a 1.5 metre
The Public meeting was closed at 7:06 PM.
Moved by Councillor Mona Patel
Seconded by Councillor Mike Strange
THAT Council approve the Zoning By-law amendment as modified in this
report to rezone the property to a site specific Residential Two (R2) zone to
permit the construction of a semi-detached dwelling, subject to the regulations
outlined in this report, and subject to requiring a minimum 1.5 metres projection
of the porch in front of the attached garages.
Carried (Councillor Thomson was opposed and Councillor Campbell was
absent from the vote).
9.7. PBD -2023-76
AM -2023-017, Official Plan & Zoning By-law Amendment
8004 Lundy's Lane
Proposal: To increase the maximum density and rezone the property to a
site specific R51F zone to permit 87 dwelling units within two existing
buildings
Applicant: 11464857 Canada Inc. (Samuel Karamanis)
Agent: Azar Davis (Zelinka Priamo Ltd.)
The Public meeting commenced at 7:07 PM.
Mackenzie Ceci, Senior Planner, Current Development, provided an overview
of Report PBD -2023-76.
Azar Davis, acting as the agent from Zelinka Priamo Ltd., spoke in support of
the staff report and addressed Council questions relating to the parking
conditions.
The Public meeting was closed at 7:16 PM.
Moved by Councillor Lori Lococo
Seconded by Councillor Mona Patel
Page 13 of 19
THAT Council approve the Official Plan and Zoning by-law Amendment as
modified in this report to permit 87 dwelling units within two existing buildings,
subject to the regulations outlined in this report and THAT staff reassess after
one (1) year to determine if three (3) additional parking stalls are required.
Carried (Councillor Nieuwesteeg and Councillor Pietrangelo were
opposed and Councillor Campbell was absent from the vote).
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. By-law - re: 2024 Schedule of Meetings
The attached by-law will be added to the December 12th Council agenda
regarding an amendment to Council's Procedural by-law, with respect to the
yearly Schedule of Meetings.
Recommendation: For the Approval of Council.
Moved by Councillor Lori Lococo
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT the attached by-law will be approved regarding an amendment to
Council's Procedural by-law, with respect to the yearly Schedule of Meetings,
keeping the start time of Council meetings at 4:00 PM.
Carried Unanimously (Councillor Campbell was absent from the vote).
10.2. Niagara Transit Commission Public Advisory Committee
Attached are applications received from interested residents from the City of
Niagara Falls for consideration by Council.
Recommendation: For Council's Consideration.
Moved by Councillor Mona Patel
Seconded by Councillor Victor Pietrangelo
THAT Council appoint Janet Jessop to the Niagara Transit Commission Public
Advisory Committee.
Carried Unanimously
10.3. Proclamation Request - Lung Cancer Awareness Month
The American and Canadian Lung Cancer Screening Initiative (ACLCSI) is
requesting the City of Niagara Falls proclaim the month of December 2023 as
"Lung Cancer Awareness Month."
Recommendation: For the Approval of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mona Patel
THAT Council proclaim the month of December 2023 as "Lung Cancer
Awareness Month."
Page 14 of 19
Carried Unanimously (Councillor Campbell was absent from the vote).
10.4. Resolution - Township of Perry - Call for an Amendment to the
Legislation Act, 2006
On behalf of the Council of the Corporation of the Township of Perry, attached
is correspondence regarding their support for the Call for an Amendment to the
Legislation Act, 2006.
Recommendation: For the Support of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mona Patel
THAT Council support the resolution from the Township of Perry regarding a
call for an Amendment to the Legislation Act, 2006.
Carried Unanimously (Councillor Campbell was absent from the vote).
10.5. Resolution -Town of Fort Erie -Support of Bill C-310 Amendments -
Firefighting and Search and Rescue
Attached is a resolution from the Municipal Council of the Town of Fort Erie at
its meeting of July 24, 2023 regarding supporting Bill C-310 Amendments.
Recommendation: For the Support of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mona Patel
THAT Council support the resolution from the Town of Fort Erie regarding Bill
C-310 Amendments - Firefighting and Search and Rescue.
Carried Unanimously (Councillor Campbell was absent from the vote).
10.6. Flag -Raising Request - National Day of Bulgaria
The Consulate General of Republic of Bulgaria is requesting Council to
approve a flag raising ceremony on Monday, March 4, 2024 to recognize
Bulgaria's National Day.
Recommendation: For the Approval of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mona Patel
THAT Council approve a flag -raising ceremony on Monday, March 4, 2024 to
recognize Bulgaria's National Day.
Carried Unanimously (Councillor Campbell was absent from the vote).
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1. Letter from Minister of Municipal Affairs and Housing, Hon. Paul Calandra
- Provincial Decisions on Municipal Official Plans/Official Plan
Amendments
Attached are letters from the Minister of Municipal Affairs and Housing
Page 15 of 19
regarding the Provincial Decisions on Municipal Official Plans/Official Plan
Amendments. Letter from Mayor Diodati to the Minister is also included.
Recommendation: For the Information of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
THAT Council endorse the recommendations as stated in the letter sent from
Mayor Diodati to Minister Calandra.
Carried (Councillor Lococo was opposed)
11.2. Correspondence from Walker Environmental Group
The attached letter is to provide notification that Walker Environmental Group
is initiating an Environmental Assessment under the Environmental
Assessment Act to develop the next phase (Phase 2) of the South Landfill in
Niagara Falls, Ontario.
Recommendation: For the Information of Council.
11.3. Resolution - Town of Alymer - Requesting Provincial consideration for
amendments to the Residential Tenancies Act
Attached is a copy of the resolution passed by the Town of Alymer Council
requesting provincial consideration of amendments to the Residential
Tenancies Act.
Recommendation: For the Information of Council.
11.4. Resolution - Town of Amherstburg - Cigarette Producer Responsibility
Attached is a copy of a resolution passed by the Town of Amherstburg Council
in support of the Council of the the Corporation of The Archipelago regarding
amending legislation to ensure cigarette manufacturers are responsible for the
collection, recycling and proper disposal of cigarette waste.
Recommendation: For the Information of Council.
11.5. Resolution - The Corporation of the County of Prince Edward - Province
to stop the Ministry of the Environment, Conservation and Parks (MECP)
proposal to expand the use of the permit -by -rule
Attached is a resolution from the Corporation of the County of Prince Edward
urging the Province to stop the Ministry of the Environment, Conservation and
Parks (MECP) proposal to expand the use of the permit -by -rule. This resolution
was approved at the November 14, 2023 Meeting of Council.
Recommendation: For the Information of Council.
11.6. Resolution - Municipality of Tweed - 1/3 Funding Grant Programs
Attached is a request for support resolution regarding Federal and Provincial
funding partnerships.
Recommendation: For the Information of Council.
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11.7. Niagara Region Correspondence
Attached is correspondence sent from the Niagara Region regarding the
following matters:
1. Niagara Region Report PDS 37-2023 Niagara Region Unbuilt Housing
Supply Update
Recommendation: For the Information of Council.
11.8. Power Production
Attached is a request for Council support from a resident of Ontario for natural
gas power production.
Recommendation: For the Information of Council.
11.9. Redeemer Bible Church - Daycare Start Up
Attached, is an email from the Executive Director of Redeemer Bible Church,
requesting guidance, suggestions and ideas to assist them in opening up a
daycare program.
Recommendation: For the Information of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council refer to staff the request from the Redeemer Bible Church to
provide guidance and suggestions regarding setting up a daycare program.
Carried Unanimously (Councillor Campbell was absent from the vote).
11.10. Comments from resident
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Special Occasion Permit Request — 2024 Niagara I Heart Beer & Taco
Festival
Organizers of the event are looking to Council for a letter of Municipal
Significance for this festival taking place at the Niagara Convention Centre on
Saturday, March 23, 2024 from 1:00 p.m. to 10:00 p.m. With Council declaring
the event as "municipally significant', this will assist the organizers with
obtaining a Special Occasion permit from the AGCO.
Recommendation: That Council declare the 2024 2nd Annual Niagara I Heart
Beer & Taco Festival as an event of municipal significance in the City of
Niagara Falls in order to assist with obtaining a Special Occasion Permit from
the AGCO.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council declare the 2024 2nd Annual Niagara I Heart Beer & Taco
Festival as an event of municipal significance in the City of Niagara Falls in
order to assist with obtaining a Special Occasion Permit from the ACCO.
Page 17 of 19
Carried Unanimously (Councillor Campbell was absent from the vote).
13. RATIFICATION OF IN -CAMERA
a) Ratification of In -Camera
Moved by Councillor Mike Strange
Seconded by Councillor Mona Patel
1. THAT if Council accepts the offer to purchase 4621 St. Clair Avenue, for
$150,000.00 plus H.S.T., subject to adjustments, if necessary.
23HAT a condition form part of the terms of the Agreement of Purchase and
Sale that the purchaser must obtain a building permit and commence building
by the end of 2026, failing which, the property will be returned to the City.
33HAT the City Solicitor and the Chief Administrative Officer, or their
designate, is authorized to execute all documentation and take whatever steps
necessary to carry out Recommendation 1 and complete the transaction and;
THAT Council delegate its powers pursuant to Section 23.1 of the Municipal
Act, 2001, S.O. 2001, c. 25 ("Municipal Act") to each of the Chief Administrative
Officer, the Treasurer, and the City Solicitor to take any step or action
necessary, including the undertaking of litigation steps and strategies, and
giving instructions to external counsel, with respect to an Assessment Review
Board appeal.
Carried Unanimously (Councillor Campbell was absent from the vote).
14. NOTICE OF MOTION/NEW BUSINESS
a) Notice of Motion - Niagara Region Transit
Councillor Lococo provided notice that a motion will be brought forward to our
next Council meeting on January 16, 2024 regarding the Niagara Region
Transit.
15. BY-LAWS
2023- A by-law respecting sick leave, pensions and other benefits for employees.
116.
2023- A by-law to amend By-law 2019-004, Council's Procedural by-law, with respect
117. to the yearly Schedule of Meetings.
2023- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
118. traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Community
Safety Zones, Stop Signs at Intersections, Limited Parking)
2023- A by-law to provide for the adoption of Amendment No. 157 to the City of
119. Niagara Falls Official Plan.
2023- A by-law to fees and charges for various services, licences and publications for
120. the City of Niagara Falls.
2023- A by-law to adopt, ratify and confirm the actions of the City Council at its
121. Special meeting held on the 12th day of December, 2023.
Page 18 of 19
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
THAT the by-laws be read a first, second and third time and passed.
Carried (Councillor Lococo was opposed to By-law 2023-120 and
Councillor Campbell was absent from the vote).
16. ADJOURNMENT
a) Adjournment
Moved by Councillor Tony Baldinelli
Seconded by Councillor Ruth -Ann Nieuwesteeg
THAT Council adjourn the meeting at 7:59 PM.
Carried Unanimously (Councillor Campbell was absent from the vote).
mayor
City Clerk
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