City Council

That Council enter into an In-Camera session.

That Council approve the minutes of the September 12, 2022 meeting as presented.

That Council approve the amendments to Official Plan, as outlined in this report and in the draft Official Plan Amendment (OPA) No. 154 shownin Appendix A.

That the Draft Plan of Condominium for 5940 Carlton Avenue be draft approved subject to the modified conditions in Appendix A; That the notice of decision includes a statement that public input has been received, considered, and has informed the decision of Council; 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; 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 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. That Council direct Staff to initiate a traffic and parking study in the area of A.G. Bridge Park.

That Council appoint Councillor Victor Pietrangelo as Finance Budget Committee Chair for the current term of Council.

That the City's 2023 Capital Budget report, presentation and accompanying material BE RECEIVED ; That the City's 2023 Capital Budget, including all funding recommendations totaling $61,425,481 BE APPROVED ; That the projects swapping existing funding allocations as outlined in Attachment 1, BE APPROVED ; That the debt financing outlined in Attachment 2, BE APPROVED and

That the 2023 Library Capital Budget report and accompanying material be received and filed; That the 2023 Library Capital Budget, including all funding recommendations totaling $91,033 be approved.

That the annual update of OLG spending and commitments report BE RECEIVED . That Council APPROVE the transfer of $79,488 or 2% of the OLG funding received for January 1 to December 31, 2020 to the Future Hospital Reserve Fund. That Council APPROVE the transfer of $171,151 or 2% of the OLG funding received for January 1 to December 31, 2021 to the Future Hospital Reserve Fund. That Council APPROVE the transfer of $290,230 or 2% of the OLG funding received for January 1 to September 30, 2022 to the Future Hospital Reserve Fund.

That this report and accompanying material be received by Council and filed.

That the Parking Fund year to date report for the third quarter variance analysis to September 30, 2022 BE RECEIVED .

That Council approve the proposed 2023 meeting schedule.

That Council approve the Fee Waiver Applications for: 1) The Knights of Columbus - Flying Fathers Hockey Game in the amount of $661.51 for the waiving of the costs associated with the ice rental. 2) The Niagara Falls Community Outreach - Fill the Bus Food Drive, in the amount of $1,175.00 for the waiving of the costs associated with a bus charter for 8 hours @ $130.00 per hour. 3) Project Share Niagara - Good News Breakfast in the amount of $2,938.00 for the waiving of the costs associated with a bus charter for 20 hours @$130.00 per hour. 4) That Council acknowledge the out of budget expenditure (if approved, the fee waiver budget would be over-budget by $20,299.37) and to have Staff find a positive variance to help fund this budgetary overrun.

That Niagara Falls City Council authorize Staff to enter into contract with Ontario Utility Locates Inc. of Niagara Falls, Ontario for up to a one year term for the provision of Public Utility Locating Services for City-owned water, wastewater, storm sewer and streetlighting infrastructure as required by Provincial Legislation.

That the Mayor and City Clerk be authorized to execute the cost sharing agreement between the City of Niagara Falls and Niagara Region for the Montrose Road, Biggar Road and Reixinger Road Construction project. That Council approve the corresponding project allocation of $13,626,617 from the 2023 capital budget as shown in Report F-2022-51 on today's agenda.

That Council pass the amending By-laws to the Parkland By-law as discussed herein; That the City bring forward an Official Plan amendment to introduce Privately Owned - Publicly Accessible Open Spaces (POPS) to other areas of the City; and That Staff be directed to investigate the creation of pre-qualified appraisers to be made available to the public and report back to Council.

Whereas: Bill 23, as presented, fails to address the stated goals of increasing housing supply, housing affordability, and improved process and instead will result in the loss of environmental protections, heritage conservation, urban design, and accountability to the public, in addition to severe financial implications for the City and Region, as follows: a. Removing conservation of land and protection of significant environmental features, allowing development within protected areas worthy of protection. b. Limiting tools for conservation of heritage resources. c. Removal of primary quality control mechanism to promote good design. d. Loss of cohesive Regional systems oversight with the removal of the Region of Niagara from review and approval of planning applications and Official Plan creation. e. Elimination of appeal rights for the public on Planning Act applications and reduction in overall public consultation and involvement. f. Transfer of financial responsibility from private developers to the individual property taxpayer, g. if passed, undermine and reverse the progress that the City has made in the last couple of years in preparing and approving the City's housing strategy; and Therefore, Niagara Falls City Council is opposed to Bill 23 as it stands and requests the Province defer passage of Bill 23 until such time as further evaluation, analysis, and meaningful public consultation has occurred with residents and the municipalities, AMO, Niagara Region, ROMA, RPC,

That Council receive the Monthly Tax Receivables report for information purposes.

That Report F-2022-61 be received and filed;

That Council defer Item #10.8, Downtown BIA - 2023 Budget.

That Council approve/support Item #10.1 through to Item 10.7.

That Council receive and file for information Item #11.1 through to and including Item #11.13.

That Council waive the procedural by-law and suspend the rules to allow for a notice of motion to be presented at this meeting. Ayes: Councillor Wayne Campbell, Councillor Lori Lococo, and Councillor Tony Baldinelli Nays: Mayor Jim Diodati, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Mona Patel, and Councillor Ruth-Ann Nieuwesteeg

That Council receive this report for information; and That a copy of this report be sent to the Minister of Municipal Affairs and Housing, Region of Niagara and its local area municipalities.

WHEREAS, That Niagara Falls City Council is concerned with Bill 23 as it stands and requests the Province defer passage of Bill 23 until such time as further evaluation, analysis, and meaningful public consultation has occurred with residents and the municipalities, AMO, Niagara Region, ROMA, RPC, NPCA, Conservation Ontario, OPPI, MFOA, and OBCM. Ayes: Councillor Wayne Campbell, Councillor Lori Lococo, and Councillor Tony Baldinelli Nays: Mayor Jim Diodati, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Mona Patel, and Councillor Ruth-Ann Nieuwesteeg

WHEREAS,That Council strongly recommends that substantial Provincial investment be provided to support municipalities to fund anticipated infrastructure upgrades to accommodate new intensification goals and compensate for decrease of development charge funding opportunities as outlined in the proposed legislation. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mike Strange, Councillor Lori Lococo, Councillor Mona Patel, Councillor Ruth-Ann Nieuwesteeg, and Councillor Tony Baldinelli Nays: Councillor Wayne Thomson

WHEREAS, That Council authorize staff to provide comments to the Environmental Registry of Ontario regarding proposed Bill 23, prior to November 24, 2022. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mike Strange, Councillor Lori Lococo, Councillor Mona Patel, Councillor Ruth-Ann Nieuwesteeg, and Councillor Tony Baldinelli Nays: Councillor Wayne Thomson

WHEREAS, That Council receive Report PBD-2022-73 for information and that staff forward the report to the Premier, the Minister of Municipal Affairs and Housing, Region of Niagara and its local area municipalities and local Members of Provincial Parliament. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Lori Lococo, Councillor Mona Patel, Councillor Ruth-Ann Nieuwesteeg, and Councillor Tony Baldinelli

WHEREAS, That discussions be had in the near future with the Minister of Municipal Affairs and Housing to keep the dialogue of these changes moving forward. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Lori Lococo, Councillor Mona Patel, Councillor Ruth-Ann Nieuwesteeg, and Councillor Tony Baldinelli

WHEREAS, That Council pass all of the motions approved as one motion.

That Council Refer this matter to Staff.

That Council give direction to staff to report back on Municipal Housing Targets and Municipal Housing Pledges for the City of Niagara Falls.

That Council defer Item #13.2 regarding the appointments to the Niagara Transit Commission Board.

That Council appoint Mayor Diodati as the municipal representative from the City of Niagara Falls.

That direction be given to staff regarding settlement instructions with respect to a planning matter; furthermore, that direction be given to staff with regards to negotiations around sole sourcing of a service, and to report back to City Council for approval, and furthermore, that Council provide direction to staff to amend the procedural by-law to allow In-Camera reports and supporting documents to be attached to the electronic In-Camera agenda and to allow Council Members to take notes as needed and to allow electronic devices back in the In-Camera meeting space.

That the by-laws be read a first, second and third time and passed.

That Council adjourn the meeting at 9:57 PM.