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09-15-2020 Niagara MINUTES City Council Meeting rails Tuesday, September 15, 2020 @ 4:00 PM ,1 N ,A D :1 Council Chambers/Zoom App COUNCIL PRESENT: Mayor Jim Diodati, Councillor Vince Kerrio, Councillor Wayne Campbell, Councillor Wayne Thomson, Councillor Lori Lococo, Councillor Chris Dabrowski, Councillor Mike Strange, Councillor Victor Pietrangelo Councillor Carolynn loannoni (via Zoom App) COUNCIL ABSENT: STAFF PRESENT: [Alex Herlovitch, Ed Lustig, Erik Nickel, Kathy Moldenhauer, Trent Dark, Jim Boutilier, Tiffany Clark, Serge Felicetti, Ken Todd, Heather Ruzylo (via Zoom App) Bill Matson, Shawn Oatley (Chambers) 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Secondedb y Councillor Wayne Thomson that Council enter into an In-Camera session. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 2. CALL TO ORDER 0 Canada - Performed by 7 local musical talents (recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of August 11, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the minutes of August 11, 2020 be approved as recommended. Page 1 of 24 City Council September 15, 2020 Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Lori Lococo indicated a pecuniary interest to the following cheques: • Cheque #439408, dated July 29, 2020, $244.24, payable to herself for reimbursement of expenses. • Cheque #439257, dated July 22, 2020, $2,333.33 and cheque #440105, dated August 26, 2020, for$2,333.34, both payable to Niagara Falls Art Gallery (sits on the board as a resident). Councillor Lori Lococo also indicated a conflict of interest to: • Item #9.4 - Downtown BIA, Additional Members - Outstanding employment issue with spouse. b) Mayor Jim Diodati indicated a a pecuniary interest to cheques #439202 and #439832 as they are payable to himself. c) Councillor Vince Kerrio indicated a conflict of interest to the following: • Item #7.3 - CD-2020-065 - Victoria Centre BIA Boundary Expansion as he is a property owner. d) Councillor Victor Pietrangelo indicated a pecuniary interest to the following cheques: • Cheque #00302-0007, payable to N.C.D.S.B, his employer. • Cheque #00296-0009, payable to N.C.D.S.B, his employer. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati acknowledged the following birthdays: • Councillor Wayne Campbell -August 23rd • Councillor Vince Kerrio -August 15th • Councillor Wayne Thomson - coming up on September 24th b) Mayor Diodati extended condolences on the passing of Dr. Stafford Dobbin, Julien Morin, father of Brenda Maggs of our Human Resources Department, Jim Strange, father of Councillor Mike Strange and Sergio Massolin, father of Ron Massolin of Fire Services. Page 2 of 24 City Council September 15, 2020 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council direct staff to recognize the late Dr. Stafford Dobbin at a future Council meeting acknowledging his many career achievements within the city. Carried Unanimously c) Mayor Diodati provided the following Community Updates: • Galassi Family o Often with tragedy comes community uprising o 51 year old Sandra Galassi was beloved by many in our community o She recently passed away due to her terminal illness and leaves behind her 4 children, Anthony, Michaella, Matteo and Kaylina. o The community has supported the family to the tune of nearly $50,000 on a gofundme page. o https://www.gofundme.com/f/sandra-galassi-final-wishes o Funds are for much needed repairs and upgrades to the family home. o Working with community partners, donors and trades who are all willing to contribute o Looking to help the Galassi children through this difficult time and ensure they don't have to worry about their home. • Slow Down Signs o Total of 270 signs in the community o Thank you to residents for positive feedback and good uptake d) Mayor Diodati recognized Councillor Wayne Thomson for attending the 100th Birthday for Mrs. Beatrice Laura Mary Smith. e) Mayor Diodati spoke about the following upcoming events: • Parade of the Unknown Soldier o Fairview Cemetery, Sunday, September 20th o Physical distancing & gathering requirements in place o Small outdoor service taking place at 11:00 AM • Memorial Tree Fundraiser, Plant a memorial tree - in honour of Alex Luey - September 28, 2020 at the Gale Centre at 11:00 AM. • Remembrance Day o There will be a community observation Page 3 of 24 City Council September 15, 2020 o Practicing safe protocols o Stay tuned for alternate plans for this year f) The next Council meeting is scheduled for Tuesday, October 6, 2020 at 4:00 PM. 6. PLANNING MATTERS 6.1. PBD-2020-56 AM-2018-011, Zoning By-law Amendment Application 4210 Lyons Creek Road and Vacant Lands to the West Proposal: 4 Storey, 77 Unit Apartment Building Applicant: Go-To Niagara Falls Chippawa Inc. (Mike Smith) Agents: Jared Marcus and Michael Crough, IBI Group The report recommends that Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5B Density (R5B) zone to permit a 4 storey, 77 unit apartment building, subject to the regulations outline in this report. Alex Herlovitch, Director of Planning, Building and Development, gave an overview for the background report PBD-2020-56. The following residents spoke in opposition to the development: • Paul Groot, of 8909 Nassau Avenue, spoke in opposition to the development. • Mark Bocchinfuso, of 8798 Nassau Avenue, spoke in opposition citing traffic concerns. • Paul Krowchuk, of 3848A Main Street, spoke in opposition citing density and height concerns. • Gerry St. George, of 8699 Sodom Road, spoke citing concerns regarding speeding, stop signs etc... • Rebecca Robertson, of 4123 Welland Street, spoke in opposition citing traffic and sewage concerns and brought to Council's attention the petition signed by 1,668 residents, all opposing the application. • Michele and Alex Mason, of 8760 Sodom Road recommended the development be zoned as as R4, not R5 and further expressed concerns relating to traffic, safety and height. • Danielle Garbutt, of 8732 Sodom Road, spoke in opposition of the application. Page 4 of 24 City Council September 15, 2020 Mike Crough, of IBI Group, representing the agents, presented to Council supporting the staff report. The Public Meeting was closed. Councillor Wayne Campbell requested a recorded vote. ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Campbell that the recommendations in report PBD- 2020-56 be denied due to the lack of compatibility with the character of the surrounding neighbourhood. Carried (Councillors Dabrowski, Kerrio, Lococo, Pietrangelo and Strange and Mayor Diodati all supported motion. Councillor Wayne Thomson opposed the motion). 6.2. PBD-2020-54 (Additional comments added) 26CD-11-2020-002 King George Village Plan of Vacant Land Condominium Mears Crescent North of Gunning Drive Applicant: 2560946 Ontario Inc. (Dario D'Agostino) Agent: Peter Lesdow, Architect The report recommends the following: 1. That the King George Village 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 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. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2020-54. Peter Lesdow, Architect, representing the agent of project, spoke Page 5 of 24 City Council September 15, 2020 supporting the staff report. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried (Councillor Carolynn loannoni was opposed to vote and Councillor Lori Lococo was opposed to vote). 6.3. PBD-2020-58 AM-2014-001, Zoning By-law Amendment Application 2349 Portage Road Applicant: Dremetsikas Development Inc. Removal of Holding (H) Symbol The report recommends that Council pass the by-aw appearing on tonight's agenda to remove the Holding (H) symbol from the subject lands, which are currently zoned R5B(H)-1004, to permit two, 3-storey apartment dwellings containing a total of 72 units. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 7. REPORTS 7.1. CAO-2020-03 Funding Renewal for Walk-in Mental Health Clinic for Youth in Niagara Falls The report recommends that Council approve the requested funding of $20,000 to renew an agreement for one year with Pathstone Mental Health to provide mental health service for youth in Niagara Falls. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Page 6 of 24 City Council September 15, 2020 Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 7.2. CAO-2020-04 Diversity and Inclusion Advisory Committee The report recommends the following: 1. That the Terms of Reference and the Diversity and Inclusion Advisory Committee Composition be approved. 2. Staff advertise for persons interested in serving on the Committee and report back to Council. 3. Council approved a member of Council to serve on the Committee and act as a Council liaison to the Committee. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that Council receive the Diversity and Inclusion Report, CA0-2020-04 and refer to staff to divide into 2 committees, Anti-Racism Committee and a Diversity& Inclusion Committee and to further meet once per month, excluding the summer and further to allow the committees to draft their own mandate and terms of reference for Council's Consideration. Carried Unanimously 7.3. CD-2020-05 Victoria Centre BIA— Proposed Boundary Expansion The report recommends that Council consider expanding the Victoria Centre Business Improvement Area boundaries as proposed and pass the subsequent by-law. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously (Councillor Vince Kerrio declared a conflict) 7.4. L-2020-09 Questions respecting Integrity Commissioner Page 7 of 24 City Council September 15, 2020 Letter of August 7, 2020 Complaint Reference Number IC-182-0220 Mayor Jim Diodati The report recommends that this report be received for the information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn loannoni that Council receive the report, L-2020-09 and to ask the Integrity Commissioner to release the full report(IC-182- 0220) as well as any other Integrity Commissioner reports publicly, upon the approval of the applicant and respondents. Carried Unanimously ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that an administrative fee of$200.00 be established for a resident to file a complaint to the Integrity Commissioner under Council's Code of Conduct and that the fee be refundable if found to be valid. Carried (Councillor Carolynn loannoni and Councillor Lori Lococo opposed the vote). ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn loannoni that Staff come back with process of alternate dispute resolution for Code of Conduct complaints. Motion Defeated (Councillors Campbell, Dabrowski, Kerrio, Pietrangelo, Strange and Thomson were opposed). 7.5. HR-2020-01 Integrity Complaint Costs to Municipality The report recommends that Council receive the information in the report outlining the history of complaint costs, reports and investigations. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive and file the report and to have Report HR-2020-01 sent to the Ministry of Municipal Affairs and Housing with concerns that Council have relating to not having the tools to use to deter future continued behaviour. Page 8 of 24 City Council September 15, 2020 Carried Unanimously ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that staff further investigate how much money other municipalities have spent for Integrity Commissioner complaints. Carried Unanimously 7.6. Integrity Commissioner's Final Report - Code of Conduct Complaint (Unfinished business from June 23, 2020) RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that Councillor loannoni's pay be suspended for 90 days as per the recommendations of the Integrity Commissioner. Carried (Councillor Lori Lococo was opposed to vote)."Note: The original minutes also had Councillor Carolvnn loannoni as opposed and were changed on October 6, 2020 at the request of Councillor loannoni after she clarified that she attempted to declare a conflict of pecuniary interest despite not publicly declaring such and despite the City Clerk not having a written submission of the Councillor's conflict". 7.7. MW-2020-22 Whirlpool Road Multi-Use Pathway, Pedestrian Bridge and Roadway Widening Tender Award - Contract No. 2020-396-16 The report recommends the following: 1. That Contract No. 2020-396-16 for the Whirlpool Road Multi-Use Pathway, Pedestrian Bridge and Roadway Widening be awarded to Rankin Construction Inc. at the bid price of$2,258,720.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That Council authorize the use of$536,131 from the 2020 approved capital funding for the proposed Whirlpool Road and Niagara River Parkway Roundabout project to address the funding shortfall for this project. 4. That Council defer the Whirlpool Road and Niagara River Parkway Roundabout project and remaining budgetary Page 9 of 24 City Council September 15, 2020 allocations to be contemplated in the 2022 Capital Budget. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended and to have staff meet with OPG to discuss better parking options along the trail. Carried Unanimously (Councillor Carolynn loannoni absent from vote as she lost connection). 7.8. MW-2020-23 ICIP COVID-19 Resilience Stream Project Applications The report recommends that Council direct staff to apply for Federal/Provincial funding from the ICIP COVID-19 Resilience Stream for the following projects: a. Millennium Trail Construction, Section 2, McLeod Road to Chippawa Parkway - 1,500,000 b. Municipal Service Centre HVAC Replacement - $1,000,000. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 7.9. PBD-2020-61 (Resolution added) AM-2015-011, Exemption Request to 2-Year Waiting Period for Minor Variance 4552 Portage Road Sleek Developments Plan of Vacant Land Condominium Owner: Sleek Developments Inc. Agent: Jennifer Vida, Upper Canada Consulting The report recommends that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight's agenda to grant an exemption to the 2-year waiting period for minor variances and thereby allow Sleek Developments Inc. to file an application to the City's Committee of Adjustment for their Plan of Vacant Land Condominium. Page 10 of 24 City Council September 15, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 7.10. PBD-2020-62 Extension Interim Control By-law To Review and Study Cannabis Cultivation, Production & Processing Mark Strasser, resident of Niagara Falls at 8434 Ridge Road spoke to the matter. Frank Salvati, CEO and Founding Director of NICE Inc., spoke to Council addressing this matter. The report recommends that Council pass a by-law to extend the effective period of By-law 2019-76 to allow the review and study of cannabis cultivation, production and processing. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council pass a by-law to extend the effective period of By-law 2019-76 until September 25, 2021 to allow the review and study of cannabis cultivation, production and processing. Carried (Councillors loannoni, Lococo and Thomson were all opposed to the vote). 7.11. PBD-2020-63 SPC-2009-007 Wellness Suites 5698 Main Street Applicant: Nick Vaccaro Exemption to Plan of Condominium The report recommends the following: 1. That Council exempts the condominium description from approvals required under Section 51 and Section 51.1 of the Page 11 of 24 City Council September 15, 2020 Planning Act for lands municipality known as 5698 main Street, as identified in Schedule 1, pursuant to Sections 9(3)(b) and 9(7) of the Condominium Act; provided that the condominium description complies with the site plan agreement registered on title; 2. That the Certificate of Exemption, required to be issued by the City under Sections 9(3)(b) and 9(7) of the Condominium Act, be conditional on submission to the City of the final condominium plan for compliance review with the registered site plan agreement prior to registration; and 3. That Council pass the by-law on tonight's agenda. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 7.12. R&C-2020-12 Canada Summer Games Venue Use Agreement The report recommends to direct staff to enter into a Venue Use Agreement for the use of Oakes Park for the Canada Summer Games 2021. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 8. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. Page 12 of 24 City Council September 15, 2020 F-2020-39 Monthly Tax Receivables Report — July The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2020-40 Municipal Accounts The report recommends that Council approve the municipal accounts totaling $41,604,112.20 for the period July 16, 2020 to August 26, 2020. MW-2020-24 Lundy's Lane Streetscape Revitalization OPG Parkette The report recommends that Council authorize staff to allocate surplus funds from the approved 2017 Capital Budget for Lundy's Lane Streetscape Revitalization phase 1 project to advance the Lundy's Lane OPG Parkette project. PBD-2020-55 Street Name Changes Portions of Schisler Road and Old Schisler Road The report recommends the following: 1. That Council direct staff to change the street name for a portion of Schisler Road, west of Montrose Road, shown on Appendix 1 as Section 1, to Pattison Lane. 2. That Council direct staff to change the street name for a portion of Old Schisler Road east of the railway line, shown on Appendix 1 as Section 2, to Terreberry Lane. 3. That the portion of Old Schisler Road west of the railway line, shown as Section 3 on Appendix 1 remain unchanged. PBD-2020-57 Proposed Radio Communication Tower 9536 Thorold Stone Road FONTUR International Inc. on contract with Signum Wireless Page 13 of 24 City Council September 15, 2020 The report recommends that Innovation, Science and Economic Development Canada be advised that the City of Niagara Falls does not object to the construction of a 45m (-174') tall, lattice tri-pole telecommunication tower with a fenced in compound on the lands known as 9536 Thorold Stone Road provided that: a mix of deciduous and coniferous trees are planted and maintained around the associated equipment shelter; and that a road occupancy permit be obtained to the satisfaction of the City's Municipal Works Department. PBD-2020-59 GTY-2020-002, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application 6471 Kister Road Purileaf Brands Corporation Applicant: Sergey Mokin The report recommends the following: 1. That Council approve the Niagara Gateway CIP Tax Increment Based Grant program and Municipal Employment Incentive Program Application for 6471 Kister Road subject to the owner satisfying the program requirements. 2. That Council approve the use of the Capital/Operating reserve to offset the approximate planning and building permit fees of$24,600. 3. That the Niagara Region be advised of the decision of City Council. 4. That the Mayor and Clerk be authorized to sign and execute the Tri- party grant agreement and Municipal Employment Incentive Program Agreement. R&C-2020-13 2020 Arts & Culture Wall of Fame Inductions The report recommends that Council approve the following 2020 Art & Culture Wall of Fame Inductees: • Steve Burnside • John Law • Karlee Morse • Leona Skye-Grandmond TS-2020-24 - Canadian Drive at Pin Oak Drive Page 14 of 24 City Council September 15, 2020 Parking and Traffic By-Laws The report recommends the following: 1. That an all-way stop sign is installed at the intersection of Canadian Drive at Pin Oak Drive facing northbound, southbound and westbound traffic; 2. That "no stopping" restrictions are posed on both sides of Canadian Drive and Pin Oak Drive, 15 metres in advance of Montrose Road and McLeod Road, respectively. 3. That "no standing" restrictions are posted at all transit stop located on Canadian Drive and Pin Oak Drive. 4. That "no parking" restrictions are posted on both sides of Canadian Drive and Pin Oak Drive in the areas not posted with "no stopping" or "no standing" restrictions; and 5. that the centre two-way left turn lane on Pin Oak Drive be designated by municipal by-law. Councillor Lori Lococo requested that Report PBD-2020-57 and Report R&C-2020-13 be pulled for further discussion. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the remainder of the reports under the Consent Agenda be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Chris Dabrowski that Report PBD-2020-57 be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that Report R&C-2020-13 be approved as recommended by receiving the following 2020 Art & Culture Wall of Fame Inductees: Steve Burnside, John Law, Karlee Morse and Leona Skye-Grandmond. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Request from Greg Frewin - Letter of Support Greg Frewin is requesting an official letter of support from the Niagara Page 15 of 24 City Council September 15, 2020 Falls City Council. RECOMMENDATION: That Council offer a letter of support to Greg Frewin for the filming of an outdoor event to be used for a future international televised show, "Penn and Teller Fool Us". ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that Council offer a letter of support to Greg Frewin for the filming of an outdoor event to be used for a future international televised show, "Penn and Teller Fool Us". Carried Unanimously (Councillor Carolynn loannoni abstained from vote). 9.2. Brock University - Updates for Fall & Community Engagement Strategic Plan Correspondence from Brock University's Government & Community Relations Department including Brock's Community Engagement Strategic Plan is attached. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 9.3. 5G Health Concerns Attached is correspondence from Navdeep Bains, Minister of Innovation, Science and Industry in response to the letter from the City Clerk (also attached) regarding the 5G Health concerns. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that Council receive the correspondence from Navdeep Bains, Minister of Innovation, Science and Industry in response to the letter from the City Clerk regarding 5G health concerns; and furthermore that the Clerk request that he be informed of the Page 16 of 24 City Council September 15, 2020 Innovation, Science and Economic Development Canada's (ISED) assessment of the antenna siting procedures and that the City be consulted, if required, on any proposed changes to ensure its regulatory regime remains effective in the context of the deployment of 5G. Carried Unanimously 9.4. Downtown BIA -Additional Members The Downtown BIA is seeking Council's approval to appoint 3 additional members to the Board to fill their current vacancies. RECOMMENDATION: That Council approve the appointments of Starr Bowes, Kim Snyder and Glen Sparks for the remainder of the 2018- 2022 term. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that Council approve the appointments of Starr Bowes, Kim Snyder and Glen Sparks for the remainder of the 2098-2022 term. Carried Unanimously (Councillor Lori Lococo declared a conflict of interest and Councillor Carolynn loannoni abstained from the vote). 9.5. Canada US Border Openings -August Follow-up Attached is an email from the Canada Border Services Agency regarding students who must cross the border daily to attend school. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 9.6. City of St. Catharines - Resolution: Niagara Regional Police Service Board Attached is a resolution adopted by the City of St. Catharines regarding the Niagara Regional Police Service Board police reforms. RECOMMENDATION: For the Information of Council. Page 17 of 24 City Council September 15, 2020 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 9.7. Town of Innisfil - Resolution regarding Casino Host Municipalities Group Requests Engagement and Assistance The Town of Innisfil sent the attached resolution to Premier Ford, on behalf of the Casino Host Municipalities Group. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that Council support the resolution from the Town of Innisfil regarding Casino Host Municipalities Group Requests Engagement and Assistance. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 9.8. City of Mississauga -Amends noise bylaw to allow call to prayer Attached is a letter from Hindu Forum Canada in response to the amended noise bylaw in the City of Mississauga allowing "broadcasting of the evening call to prayer from Local Mosques and other non- residential buildings regularly used for worship, for the period of Ramadan." RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 9.9. Town of Prescott: Border Closure Resolution Resolution attached from the Town of Prescott regarding the border Page 18 of 24 City Council September 15, 2020 closure. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 9.10. Surplus Residential Building Lot for Accessible Home Sensity, a registered charity that provides services and supports to people who are deafblind across Ontario would like to look for a single residential lot (made available by the municipality, much like Habitat for Humanity) in an urban setting to build a home using the principles of universal design coupled specifically with modifications for people with low vision. RECOMMENDATION: To refer the matter to staff. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council refer the matter regarding surplus residential building lots for accessible homes to Staff. Carried Unanimously 9.11. September 2020 - Launch of Community Safety Zone in the City of Niagara Falls The Niagara Region is informing that they have launched one (1) new Community Safety Zone beginning on September 8th, 2020 in the City of Niagara Falls. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni abstained from the Page 19 of 24 City Council September 15, 2020 vote). 9.12. Letter from HCARN (Heavy Construction Association of Regional Niagara) Letter submitted on behalf of HCARN regarding the lack of tendering of municipal infrastructure improvement projects during COVID-19. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 9.13. Emancipation Day Attached is a resolution adopted by the City of Elliot Lake regarding the Private Members Bill to have August 1st of every year as "Emancipation Day" in Canada. RECOMMENDATION: That Council support the Private Members Bill to have August 1st of every year as "Emancipation Day" in Canada. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council support the Private Members Bill to have August 1st of every year as "Emancipation Day"in Canada. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 9.14. Proclamation - Cybersecurity Awareness Month Carlene Blackwood-Brown is requesting support from the City of Niagara Falls by recognizing the month of October as Cybersecurity Awareness Month. RECOMMENDATION: That the City proclaim the month of October as "Cybersecurity Awareness Month." ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the City proclaim the month of October as Page 20 of 24 City Council September 15, 2020 "Cybersecurity Awareness Month." Carried Unanimously 9.15. Proclamation - Respiratory Therapy Week Request for the City of Niagara Falls to recognize "Respiratory Therapy Week" from October 25 - 31st, 2020. RECOMMENDATION: That the City of Niagara Falls proclaim October 25 - 31st, 2020 as "Respiratory Therapy Week." ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the City of Niagara Falls proclaim October 25 - 31st, 2020 as "Respiratory Therapy Week." Carried Unanimously 9.16. Proclamation Request - CN - Rail Safety Week CN is requesting the support from the City of Niagara Falls by recognizing "Rail Safety Week" from September 21 - 27, 2020. CN is taking steps to protect its employees, communities, customers, vendors and partners, in response to the unprecedented challenges associated with the pandemic. CN continues to reinforce a strong safety culture among its employees and remain committed in all efforts to educate the public on rail safety. RECOMMENDATION: That the City of Niagara Falls recognize "Rail Safety Week" from September 21 - 27, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the City of Niagara Falls recognize "Rail Safety Week"from September 21 - 27, 2020. Carried Unanimously 10. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council accept the offer to purchase the secondary walking path into Corwin Park, located between 6462 Erwin Crescent & 6472 Erwin Crescent for$5,800.00 and that the fence Page 21 of 24 City Council September 15, 2020 be removed; and that Council also accept an offer to purchase Parts 10 & 11 on Reference plan 59R-16783 for$199,740.00 plus HST, subject to adjustments. Carried Unanimously (Councillor Carolynn loannoni abstained from the vote). 11. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2020- A by-law to authorize the payment of$41,604,112.20 for General 89 - Purposes. 2020- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 90 - employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2020- A by-law to amend By-law No. 2014-075, which amended By-law No. 91 - 79-200, to remove the holding symbol (H) on the lands located at the northwest corner of Portage Road and Stanley Avenue, to permit them to be developed (AM-2014-001). 2020- A by-law to amend By-law No. 79-200, to permit additional lands to be 92 - used in conjunction with an existing commercial use and to recognise several existing conditions (AM-2019-027). 2020- A by-law to prohibit certain uses of land in the area of the City of 93 - Niagara Falls regulated by Zoning By-law No. 79-200, as amended, Willoughby By-law No. 395/66, as amended, and Crowland By-law No. 1538/1958, as amended. 2020- A by-law to exempt the property known as 5698 Main Street, being 94 - described as Part Lots 8 & 9 on Plan 653 and Part Lots 1 & 3 on Plan 269 designated as Part 1 on 59R16694, in the City of Niagara Falls, from draft plan of condominium. 2020- A by-law to amend By-law No. 89-2000, being a by-law to regulate Page 22 of 24 City Council September 15, 2020 95 - parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Stop Signs at Intersections, Designated Lanes) 2020- A by-law to adopt, ratify and confirm the actions of City Council at its 96 - meeting held on the 15th day of September, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the by-laws be read a first, second and third time and passed. Carried (Councillors Lococo, loannoni and Thomson opposed by-law #2020-93). 12. NEW BUSINESS a) Niagara River Remedial Action Plan (RAP) - RAMSAR DESIGNATION ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that staff bring back a report regarding the RAMSAR designation for the Niagara River. Carried Unanimously b) Amendment to Obstruction By-law - re: Lundy's Lane Driving Range ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council direct staff to bring back an amendment to the streets by-law, 2002-064 to allow staff to enforce the shooting of golf balls onto city streets and sidewalks. Carried Unanimously c) Zoning Approval -Sunset Clause ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council direct staff to bring back a report regarding the zoning approval sunset clause. Page 23 of 24 City Council September 15, 2020 Carried Unanimously d) Drinking in Public Places ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Lori Lococo that staff bring back a report regarding drinking in public places as per recent changes to the provincial legislation. Carried Unanimously 13. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Thomson that the meeting be adjourned at 8:55 pm. Carried Unanimously 1 � ayor ity Clerk Page 24 of 24