The Niagara Falls Record

City Council

February 28, 2023

Who was there

Present (9): Tony Baldinelli, Wayne Campbell, Jim Diodati, Lori Lococo, Ruth-Ann Nieuwesteeg, Mona Patel, Victor Pietrangelo, Mike Strange, Wayne Thomson

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

Declared interests

Councillor Campbelland Councillors Baldinelli, Lococo and Patel were opposed)
Councillor Pietrangeloto Item #10.2)

What was decided (32 motions)

30 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

That Council approve the minutes of the February 7, 2023 meeting as presented.
Moved by Councillor Wayne Thomson, seconded by Councillor Tony Baldinelli
Carried Unanimously
That Council receive the presentation made by Owen Bjorgan and MPP Wayne Gates for information.
Moved by Councillor Lori Lococo, seconded by Councillor Mike Strange
Carried Unanimously
That Council receive the presentation by Kailie Pyott, Account Manager for MPAC, for information.
Moved by Councillor Mike Strange, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
That Council approve the Sign By-law amendment application to permit a 100% electronic billboard sign on an existing property containing a parking lot at 5034 Victoria Avenue. That the sign be fully extinguished between the hours of 11 pm and 7 am so as to not impact the nearby residential uses. That the sign be equipped with photo-cell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause distraction to drivers along Victoria Avenue and lessen the visual impact on the heritage buildings.
Moved by Councillor Wayne Thomson, seconded by Councillor Mike Strange
Carried
That Council direct staff to add 2 members to the Park in the City Committee and the Recreation Committee to allow 14 members on each.
Moved by Councillor Mike Strange, seconded by Councillor Victor Pietrangelo
Carried Unanimously
That Council direct staff to bring a report back to include that individuals can not apply on any more than two (2) committees effective for the next term; furthermore, to include additional demographic information to the application; furthermore, to include an interview process with the Chair of the Committee, plus a former member of the committee and a staff member; and furthermore, that the report include a recruiting process to fill any vacancies.
Moved by Councillor Mona Patel, seconded by Councillor Victor Pietrangelo
Carried Unanimously
That Council approve the 2023 Water & Wastewater Budgets and associated rates, to take effect April 2023, as presented.
Moved by Councillor Wayne Thomson, seconded by Councillor Mike Strange
Carried Unanimously
1) That Council adopt a new process to approve Fee Waiver Requests as outlined in this report. 2) That Council defer the approval of a preliminary Fee Waiver Application until March 21st, 2023 for:  The 44th Annual Women's Place Book Riot in the amount of $6,954.64 for the waiving of the costs associated with the facility rental at the Gale Centre.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mona Patel
Carried Unanimously
Council adopt the three preliminary 2023-2027 Strategic Plan Pillars of Sustainability (Financial, Social, and Environmental), Customer Service 2.0, and Economic Diversity and Growth, that will form the basis of the Strategic Plan. Council direct staff to initiate a Strategic Plan planning session for Council and staff, as well as public consultation.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mike Strange
Carried Unanimously
1. That Council authorize single source procurement for purchase of a demonstrator Pumper apparatus to replace our current Pumper 5 as per our apparatus replacement schedule. This single source is being requested under Section 18(iv) of the Procurement By-Law (By-Law No.2021-04) 2. That Council authorize single source procurement for purchase of a demonstrator multi-use vehicle. This apparatus will be utilized for transporting necessary water rescue equipment (Emergency Response Vehicle), rope rescue equipment and trench rescue equipment. This single source is being requested under Section 18(x) of the Procurement By-Law (By-Law No.2021-04)
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mona Patel
Carried Unanimously
That Council accept the recommendations of the Niagara, St. Catharines and Toronto (NS&T) Trail Feasibility Master Plan; and further, That Staff be directed to refer the phased development of the NS&T Trail to future annual capital budgets for consideration; and further, That applicable elements of the NS&T Trail Feasibility Master Plan be incorporated into related and adjacent Regional and City whenever possible, regardless of the proposed phase. That Council direct staff to include the option of using stone/gravel to help expedite the creation of these trails and that it be considered over ashphalt.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Wayne Campbell
Carried Unanimously
1. That council award the 2023-585-23 Fallsview Boulevard Reconstruction Phase 2 - Surface Works (Murray Street to Ferry Street) to the lowest compliant bidder, Walker Construction Limited in the amount of $1,409,500.00 + HST . 2. That council approve a 2023 capital budget amendment for this project (Fallsview - Ferry to Murray MS19) with the additional amount of $400,000.00 to be funded by Development Charges to the extent possible with the remaining funded by Capital Special Purpose Reserves. 3. That the Mayor and Clerk be authorized to execute the necessary agreements.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Wayne Thomson
Carried Unanimously
That Council pass a by-law to remove the holding (H) symbol and related regulations from 3770 Montrose Road, which is currently zoned Residential Low Density, Group Multiple Dwelling Zone (R4-1187), to permit the re-development of the property for residential purposes.
Moved by Councillor Wayne Thomson, seconded by Councillor Mike Strange
Carried Unanimously
That the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 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; That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the Subdivision when all matters are addressed to the satisfaction of the City Solicitor; That Council passes a by-law to exempt the condominium description from approvals required under Section 51 and Section 51.1 of the Planning Act for the subject lands, pursuant to Section 9(3)(b) and 9(7) of the Condominium Act; and, That the Certificate of Exemption, required to be issued by the City under Section 9(3)(b) and 9(7) of the Condominium Act, be conditional on final approval at the subdivision plan submission to the City and of the final condominium plan for compliance review with the registered site plan and subdivision agreement prior to registration.
Moved by Councillor Wayne Thomson, seconded by Councillor Mona Patel
Carried Unanimously
It is recommended that: Council endorse the Municipal Housing Pledge which commits the City to the Provincially assigned Municipal Housing Target of 8,000 new housing units constructed by 2031. Council direct the General Manager of Planning, Building and Development to forward the signed Municipal Housing Pledge to the Minister of Municipal Affairs and Housing, the Ontario Minister of Infrastructure, the Federal Minister of Intergovernmental Affairs, Infrastructure and Communities, the Regional Municipality of Niagara and the Cities of St. Catharines and Thorold, to meet the March 22, 2023 deadline. Council's endorsement be conditional on receipt of sufficient funding for the new South Niagara Falls Wastewater Treatment Plant. Council direct Staff to report back with some different options to allow for the addition of trees to development plans (ie., requiring two (2) trees to be planted in every new build, one on the boulevard and one on the property or some designated off-site location.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mike Strange
Carried
In the event that Council determines that it is in the public interest to do so, that 4621 St. Clair Avenue hereinafter
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mona Patel
Referred
That Council support Bell Canada's plan to expand their fibre network throughout the city. That Council delegate authority to the General Manager of Municipal Works to execute the Service Level Agreement between Bell Canada and the City of Niagara Falls, provided it is acceptable to the City Solicitor.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mona Patel
Carried Unanimously
That City Council formally assume Warren Woods Phase 4 Stage 2; Plan 59M-441 and Oldfield Estates Phase 3; 59M-425.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mona Patel
Carried Unanimously
That Council receive the Development and Housing Monitoring Report that reviews the status of development and growth management activity in the City for the year 2022.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mona Patel
Carried Unanimously
That Council approve a flag-raising ceremony on Friday, June 9, 2023 to celebrate the 13th year of Italian Heritage Month.
Moved by Councillor Wayne Thomson, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
That Council approve the request for the City of Niagara Falls to proclaim the month of November 2023 as "Chrohn's and Colitis Awareness Month."
Moved by Councillor Wayne Thomson, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
That Council proclaim April 23 through April 30, 2023 as “Knights of Columbus Week” in Niagara Falls.
Moved by Councillor Wayne Thomson, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
That Council approve the request to proclaim March 21, 2023 as "Save Soil Day" in the City of Niagara Falls.
Moved by Councillor Wayne Thomson, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
That Council receive and file Items #10.1 through to and including #10.7.
Moved by Councillor Mike Strange, seconded by Councillor Wayne Thomson
Carried Unanimously
THAT Council appoint an additional one person to the Park in the City Committee increasing the membership to 15 at this time, THAT Council appoint an additional one member to the Property Standards/Dog Muzzle Committee to 6 at this time, AND THAT Council appoint 12 members to the Accessibility Committee at this time.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
THAT Council defer the Downtown Board of Management's 2023 Budget and Levy, THAT Council waive the procedural by-law, AND THAT Council provide the delegated authority to the CAO, Treasurer and Staff to grant a loan of approximately $100,000.00 until such time as the budget can be approved and the levy is determined.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Victor Pietrangelo
Carried
THAT Council approve the Victoria Centre BIA's 2023 Budget as received.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mike Strange
Carried Unanimously
THAT the comments from the Ombudsman's Office be
Moved by Councillor Victor Pietrangelo, seconded by Councillor Wayne Campbell
Referred
THAT Council endorse the Town of Grimsby's resolution pertaining to Barriers for Women in Politics.
Moved by Councillor Lori Lococo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
That the Council of the City of Niagara Falls supports requesting additional financial assistance under Phase 4 of the Safe Restart Agreement stream to address COVID-19 municipal transit pressures for Phase 4, incurred from February 1, 2022 to December 31, 2022.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mike Strange
Carried Unanimously
THAT the by-laws be read a first, second and third time and passed.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Tony Baldinelli
Carried Unanimously
That Council adjourn the meeting at 9:13 PM.
Moved by Councillor Tony Baldinelli, seconded by Councillor Wayne Thomson
Carried Unanimously

The town’s own record

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