The Niagara Falls Record

City Council

June 18, 2024

Who was there

Present (9): Tony Baldinelli, Wayne Campbell, Jim Diodati, Lori Lococo, Ruth-Ann Neiuwesteeg, 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 Pietrangeloand Councillor Strange was absent from the vote) 8.2

What was decided (28 motions)

28 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

THAT Council APPROVE the minutes of May 28, 2024 as presented.
Moved by Councillor Tony Baldinelli, seconded by Councillor Victor Pietrangelo
Carried Unanimously
THAT Council RECEIVE the presentation made by MYAC for information.
Moved by Councillor Wayne Campbell, seconded by Councillor Mike Strange
Carried Unanimously
THAT staff be DIRECTED to designate a month as "Youth Month" and invite past MYAC Alumnus to support.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Mike Strange
Carried Unanimously
THAT Council RECEIVE Report PBD-2024-23 for information.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Lori Lococo
Carried Unanimously
THAT Council ENTER into an In-Camera session.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Mike Strange
Carried Unanimously
THAT Council APPROVE the Official Plan Amendment and Zoning By-law Amendment to facilitate the development of an 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys, subject to the regulations and modifications outlined in this Report. THAT the amending by-law INCLUDE a Holding (H) provision to require the submission of an updated Wind Study, the submission of a detailed Noise and Vibration Impact Study, the inclusion of warning clauses with respect to noise, air quality and archaeological resources, and the implementation of various noise and air quality mitigation measures through future Site Plan and/or Condominium Agreements. THAT the amending by-law INCLUDE a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development.
Moved by Councillor Wayne Thomson, seconded by Councillor Mona Patel
Carried
THAT Council APPROVE the Official Plan Amendment and Zoning By-law Amendment to permit the development of a 20-storey, residential building containing 193 dwelling, subject to the regulations outlined in this Report. THAT the amending by-law INCLUDE a Holding (H) provision to require the filing of a Record of Site Condition, the submission of an updated Wind Study, and the completion of a Heritage Impact Assessment. THAT the amending by-law INCLUDE a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Wayne Thomson
Carried Unanimously
THAT Council RECEIVE this report for information.
Moved by Councillor Wayne Campbell, seconded by Councillor Tony Baldinelli
Carried Unanimously
THAT Council APPROVE staff’s recommended policy to provide a grant program for Industrial Development Charges (DC), included as Attachment 1 to this report, to maintain the current exemptions in a more flexible format outside of the DC By-Law. THAT Council APPROVE staff’s recommended policy to provide a DC grant program for Community Improvement Plan areas (CIP), included as Attachment 2 to this report, to maintain the current exemptions in a more flexible format outside of the DC By-Law and until such time that the CIP programs are updated/revised to incorporate a grant component related to Development Charges. THAT Council APPROVE an extension of one year to the City’s current CIP incentives expiring October 1, 2024, as per staff report PBD-2021-76, resulting in a revised expiry date of October 1, 2025. THAT Council DIRECT staff to report back to Council with a finalized CIP incentive policy, inclusive of a grant program related to Development Charges in CIP areas, by October 1, 2025, for Council’s consideration.
Moved by Councillor Wayne Thomson, seconded by Councillor Tony Baldinelli
Carried Unanimously
THAT Council RECEIVE this report for information and; THAT Council APPROVE the recommendation originally included in Report F-2024-19 for a 2024 Capital Budget Amendment to create project STMS 58-24 for the White Drain Petition – Willow Road with a total budget of $95,000 (inclusive of non-recoverable HST) and; THAT Council APPROVE that the costs associated with White Drain Petition to billed in accordance with the Drainage Act, RSO 1990 to the property owners within the watershed.
Moved by Councillor Lori Lococo, seconded by Councillor Tony Baldinelli
Carried
It is recommended: THAT Council RECEIVE PDB-2024-22 and the attached presentation for information.
Moved by Councillor Lori Lococo, seconded by Councillor Tony Baldinelli
Carried Unanimously
THAT Council APPROVE the extension of the existing agreements with the Jr A and Jr C teams for Five (5) years with the same financial terms. That the Mayor and Clerk BE AUTHORIZED to execute the extension agreements.
Moved by Councillor Mike Strange, seconded by Councillor Wayne Thomson
Carried
THAT Council APPROVE a 2024 Capital Budget Amendment of $345,000 for a total approved budget of $532,000, funded by capital special purpose reserves, to allow for the complete development of Maple Grove Columbarium Garden, thereby allowing Cemetery Services the opportunity to capitalize on an aggressive bid and economies of scale; and, THAT Kyber Columbarium, the highest ranked proponent, BE AWARDED the contract to complete the proposed installation of three domed columbarium and a columbarium wall (five units) in the Maple Grove Columbarium Garden in 2024.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Wayne Campbell
Carried Unanimously
THAT Council RECEIVE Report L-2024-11, 2024-2025 Insurance Program Renewal for information; THAT Council APPROVE the 2024-2025 Comprehensive Insurance Program from Intact Public Entities Inc. (IPE); THAT Council AUTHORIZE the City Solicitor to execute the necessary documents with IPE for the provision of Comprehensive Insurance Services for the period July 1, 2024 - June 30, 2025 in the amount of up to approximately $2,138,644.00 plus applicable taxes.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
THAT Council RECEIVE report F-2024-22 2023 Development Charges Treasurer's Statement for information.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Wayne Campbell
Carried Unanimously
THAT Council APPROVE the cancellation, reduction or refund of taxes on the various accounts listed in the attached summary and granted to the property owners listed.
Moved by Councillor Mona Patel, seconded by Councillor Wayne Thomson
Carried Unanimously
THAT Council APPROVE a 2024 Capital Budget Amendment to create project PRKG 53-24 for the Municipal Parking Lot #3 retaining wall replacement with a total budget of $45,000 (inclusive of non-recoverable HST), to be funded by the Parking Reserve.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Wayne Campbell
Carried Unanimously
THAT Council EXTEND the Council meeting past the 10:00 PM Curfew.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Victor Pietrangelo
Carried Unanimously
THAT Council APPROVE/SUPPORT Item #10.1 through to and including #10.5.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
THAT Council RECEIVE FOR INFORMATION Item #11.1. through to and including Item #11.3.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Wayne Campbell
Carried Unanimously
THAT Council APPROVE the 2024 budget for the Lundy's Lane BIA.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
That Council APPROVE the one day request for food trucks to be located on City property (Gale Centre) for the Xscape Colour Festival taking place on Saturday July 27, 2024.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
THAT Staff be DIRECTED to open the application process for interested residents to apply to be on the Accessibility Advisory Committee.
Moved by Councillor Lori Lococo, seconded by Councillor Mona Patel
Carried Unanimously
THAT Council AUTHORIZE staff to proceed with completing the Cyber Initiatives for the additional estimated cost of $170,000; THAT Council APPROVE a 2024 Capital Budget Amendment of $170,000 funded from the OLG Reserve Fund; and THAT Council REFER the 2025 Operating Budget Impact in the amount of $60,000 ($43,000 net savings) to the 2025 Operating Budget Process; and THAT Council DIRECT that the City enter into an Encroachment Agreement with Steadfast Hospitality Inc. to permit a sidewalk patio at 6361 Fallsview Boulevard; THAT Council AUTHORIZE the Mayor and the City Clerk to execute the required Encroachment Agreement; AND THAT Council AUTHORIZE the City Solicitor to register the Encroachment Agreement on title.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
Request that Staff implement a "Residential Convenience Pass" providing an opportunity for residents to park on street on municipal streets and roads for $35 + HST per calendar year with the following conditions: 1. Price is $35+HST per calendar year, not pro-rated (so buy early and get a better deal). 2. Two (2) hours per zone, per day. Zones include Downtown, Main/Ferry, Chippawa, Victoria/Centre, and Fallsview. 3. Two (2) license plates per permit at the same address. 4. Valid for on-street paid spaces only. Not valid for municipal parking lots or restricted zones.
Moved by Mayor Jim Diodati, seconded by Councillor Victor Pietrangelo
Carried Unanimously
Whereas under the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), when a cemetery is declared abandoned by a judge of the Superior Court Justice, the local municipality within whose geographic boundaries the land of the cemetery is located, becomes the owner of the cemetery with all the rights and obligations in respect of the cemetery and the assets, trust funds and trust accounts related to it that the previous owner or operator possessed; And Whereas over the last decade, there has been an increase in the number of churches and local cemetery boards initiating processes to transfer ownership or abandon their owned and operated cemeteries to the local municipality due to such issues as high maintenance costs, inaccuracy of records, lack of financial and human resources to effectively operate and maintain the cemetery, increased regulatory processes regarding training, selling of interment rights, financial operation of the care and maintenance fund, etc.; And Whereas municipalities experience the same issues and pressures that churches and local boards experience with the operation and maintenance of cemeteries within its jurisdiction, and additional transfers of cemetery lands only compound the burden on municipal taxpayers; And Whereas cemeteries are important infrastructure where the reasonable costs for interment rights, burials, monument foundations, corner stones and administration charges do not sufficiently support the general operation of cemeteries; And
Moved by Councillor Lori Lococo, seconded by Councillor Tony Baldinelli
Carried Unanimously
THAT the by-laws be read a first, second and third time.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried
THAT Council AJOURN the meeting at 12:02AM.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Tony Baldinelli
Carried Unanimously

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