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11/17/2020 Niagara MINUTES City Council Meeting rails Tuesday, November 17, 2020 NNADAA Council Chambers/Zoom App at 4:00 PM. COUNCIL PRESENT: Mayor Jim Diodati, Councillor Chris Dabrowski, Councillor Vince Kerrio, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (Chambers) Councillor Wayne Campbell and Councillor Carolynn loannoni (Via Council Zoom) COUNCIL ABSENT: STAFF PRESENT: Bill Matson (Chambers) Ken Todd, Serge Felicetti, Alex Herlovitch, Carla Stout, Ed Lustig, Sam Valeo, Trent Dark, Tiffany Clark, Jim Boutilier, Kathy Moldenhauer, Erik Nickel, James Dowling, John Leavens, Heather Ruzylo (via Zoom) Page 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that Council enter into an In-Camera session. Carried Unanimously 2. CALL TO ORDER 0 Canada: Amalia Green (recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of October 27, 2020 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that the minutes of October 27, 2020 be approved as recommended. Page 1 of 24 City Council November 17, 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 declared a conflict of interest to Item #9.1 (Downtown BIA Budget) and to Item #9.19 (Downtown BIA - Hiring Process) citing outstanding employment issues with spouse. b) Councillor Vince Kerrio indicated a conflict of interest to Item #9.10 - Letter from Niagara Falls Canada Hotel Association (NFCHA). c) Councillor Victor Pietrangelo indicated a conflict of interest to Item #9.6 - City of Niagara Falls Integrity Commissioner Annual Report and to CAO-2019-06 due to a personal conflict. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Hector Lapierre, Retired Platoon Chief at the Niagara Falls Fire Department. b) Mayor Diodati acknowledged exemplary service to Fire Chief Jim Boutilier • The Office of the Secretary to the Governor General has awarded the Exemplary Service Medal to Chief Jim Boutilier for 30 years of service to the City of Niagara Falls Fire Service. • On behalf of Members of Council, our CAO, Ken Todd, staff and your peers, congratulations to Chief Boutilier on this distinguished milestone in a long and prestigious career. c) Mayor Diodati acknowledged Councillor Wayne Thomson for attending the Black Military History of Niagara Traveling Exhibit Launch at the Armoury. d) Mayor Diodati discussed the following community events: Remembrance Day • Held on Wednesday, November 11, 2020 at 11:00 AM. • First ever virtual ceremony - held at the Fairview Cemetery. • Combined 2 community services of Chippawa and the City Service normally held at the Gale Centre in one observance. Page 2 of 24 City Council November 17, 2020 • Special Fly-lover by Avro-Lancaster. • Also attended by Councillor Lori Lococo. Santa Claus Parade Drive Through & Weekend Events • Saturday, November 14th • More than 1000 people • Learned from our first ever drive-through parade • Also attended by Councillor Dabrowski • Official Tree Proclamation o Proclaimed the Blue Spruce Tree in front of City Hall, the City's Official Christmas tree. o Also lit it up for the Niagara Health Foundation's Celebration of Lights Campaign. • Diwali o Official lamp-lighting recognizing the start of Diwali. • Winter Festival of Lights o On until Sunday, January 10th. Costco Opening in Niagara Falls • Opened on Friday, November 13th, 2020. Sleep Cheap, Charities Reap • 17th Annual - on now. • Already raised more than $2 million for charity. • Modified this year / measures in place to ensure a safe stay. • Important to continue the tradition/ many charities facing challenges. Coming up: Niagara Falls Community Outreach Food Drive • Taking place Saturday, November 28, 2020 at Zehrs in Niagara Falls, from 8 AM - 4 PM. • All donations welcome! Arts and Culture Wall of Fame • Recognizing deserving recipients in the community. • Awards Ceremony will be broadcast on Your TV (Cogeco) and will be taking place this Saturday, November 21st. Annual Volunteer Awards • Will be held virtually this year. • Community Ceremony will be released online on December 5th. Page 3 of 24 City Council November 17, 2020 • You can see them on the City's website and on social media. • An opportunity for groups and organizations to nominate deserving volunteers to be recognized by the community. • THANK YOU to all of our volunteers. e) The next Council meeting is scheduled for Tuesday, December 8th, 2020 at 4:00 PM. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Councillor Wayne Campbell's Notice of Motion, listed as Item #11.1 be moved up in the agenda to be discussed prior to Item #6.1, 2021 Capital Budget Presentation. Carried Unanimously 6. PRESENTATIONS 6.1. 2021 Capital Budget Presentation (2021 Capital Budget - Media - added) Tiffany Clark, Director of Finance and James Dowling, Manager of Capital Accounting, presented the 2021 Capital Budget. The 2021 Capital Budget presentation recommends the following: 1. That Council approve funding sources totaling $23,453,672 for the pre-approved projects that contained recommendations for funding to be determined during the 2021 Capital Budget Process. 2. That Council approve the new budget expenditure requests of $24,648,268 with proposed funding totaling $24,648,268. 3. That Council approve the ordering of three (3) 40 foot buses in 2021 with payment and delivery of the buses to occur in 2022 for a total of$1,950,000. 4. That Council approve the ordering of one (1) Fire Tanker in 2021, to replacement Tanker 6, with payment and delivery of the tanker expected to occur in 2022 for a total of approximately $650,000. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council approve the capital budget with the exception of those items that are using operating budget transferred funds and that staff report back with alternative options to fund these projects. Carried (Councillor loannoni and Councillor Lococo were opposed to the Page 4 of 24 City Council November 17, 2020 vote). ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council approve recommendations #3 and#4. Carried Unanimously 7. REPORTS 7.1. F-2020-43 Potential Liability and Health Concerns for 5G Installations The report recommends for the information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Vince Kerrio that Council receive and file the report for information and to ask further follow-up questions to the City's insurer which would include: 1) Would the insurance company pay if found in favour of a Plaintiff? 2) Are there limits? 3) How does it compare to other awards for brain tumours? Furthermore, to request a letter that states that the insurance company would respond and defend and that they don't have exclusions for RF radiation harm. Carried Unanimously 7.2. MW-2020-25 (Report updated, Attachment #1 added, Attachment #2 - Budget sheet - updated) Clifton Hill Sidewalk Widening The report recommends the following: 1. That Council accept to the proposed sidewalk widening plan and Oakes Garden Theatre Garden Plaza Concept Plans submitted by the Clifton Hill BIA. 2. That Council approve the attached budget worksheet as submitted, including an allocation of$1,100,000 from external contributions (i.e. the Clifton Hill BIA). 3. That Council direct the City Treasurer to incorporate the reduction of the estimated $200,000 loss in parking revenues as part of the Page 5 of 24 City Council November 17, 2020 2021 Budget Review process. 4. That the Mayor and Clerk be authorized to execute a cost-sharing agreement with the Clifton Hill BIA for their contribution to actual costs of construction of the sidewalk widening in the estimated amount of$1,100,000, re-payable over a five year term. 5. That Council direct Staff to apply for funding for this project under the ICIP COVID-19 Resilience Stream, and if successful, amend the cost-sharing agreement accordingly. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.3. PBD-2020-76 Potential Fortification By-law The report recommends that the Council of the City of Niagara Falls receive report PBD-2020-76 as information. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive and file Report PBD- 2020-76 - Potential Fortification By-law for information. Carried Unanimously 7.4. PBD-2020-77 26CD-11-2020-004 Approval of Draft Plan of Standard Condominium 6591 Montrose Road Applicant: Chris Lamb (Growth Social House Developments) Agent: Terrance Glover (Urban in Mind) The report recommends the following: 1. That the Plan of Standard Condominium be draft approved subject to the conditions in the attached 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; Page 6 of 24 City Council November 17, 2020 3. That draft approval be given for three years, after which approval will lapse unless and 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. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 7.5. R&C-2020-17 Revised Municipal Alcohol Risk Management Policy The report recommends that Council approve the revisions to the Municipal Alcohol Risk Management Policy. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that Council approve the revisions to the Municipal Alcohol Risk Management Policy. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 7.6. TS-2020-26 Welland Street — Speed Control Review The report recommends the following: 1 . That the speed control plan consisting of two (2) speed cushions on Welland Street between Banting Avenue and Oliver Street be approved; and, 2. The construction of the speed cushions on Welland Street is referred to the 2021 Capital Budget deliberations. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended Page 7 of 24 City Council November 17, 2020 subject to funding options. Carried Unanimously 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. F-2020-47 Monthly Tax Receivables Report — October The report recommends that Council receive the Monthly Tax Receivables repot for information purposes. MW-2020-27 QEW Watermain Crossing Update The report recommends the following: 1. That Council grant Peter's Construction Group's request to restart the contract on April 1st 2021 with the understanding that all associated costs with delaying the project will be the sole responsibility of Peter's Construction group. 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. TS-2020-25 McGarry Drive — Speed Control Review The report recommends the following: 1. That the speed control plan consisting of three (3) speed cushions on McGarry Drive between St. Michael Avenue and Parkside Road be approved; and, 2. The construction of the speed cushions on McGarry Drive is referred to the 2021 Capital Budget deliberations. Page 8 of 24 City Council November 17, 2020 TS-2020-28 Weinbrenner Road, east of Willoughby Drive Parking Review The report recommends that a "No Parking" restriction be established on the south side of Weinbrenner Road from Willoughby Drive to the eastern terminus of Weinbrenner Road, and include the entire turning basin. TS-2020-30 Rideau Street - Parking Control Review The report recommends the following: 1. That a No Stopping 8:00AM to 4:00PM, Monday to Friday, September 1st and June 30th restriction be established on the north side of Rideau Street between a point 38 metres east of Kalar Road and Pitton Road; and, 2. That a No Stopping 8:00AM to 4:00PM, Monday to Friday, September 1st and June 30th restriction be established on the south side of Rideau Street between a point 38 metres east of Kalar Road and a point 55 metres east. TS-2020-27 Weinbrenner Road — Speed Control Review The report recommends the following: 1. That the speed control plan consisting of two (2) speed cushions on Weinbrenner Road between Sodom Road and Campbell Avenue be approved; 2. That the three pedestrian crosswalks be upgraded to pedestrian crossovers; and, 3. The construction of the speed cushions on Weinbrenner Road between Sodom Road and Campbell Avenue be referred to the 2021 Capital Budget deliberations. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the reports are approved as recommended. Carried Unanimously Page 9 of 24 City Council November 17, 2020 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1 . Downtown BIA Budget (Letters from Downtown Businesses added and petition added) The Downtown BIA is submitting the 2021 operating budget for Council approval, along with a motion from the Board. RECOMMENDATION: For Council's Consideration and Approval. COUNCILLOR LORI LOCOCO left the meeting as she had declared a conflict of interest to this agenda item. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that Council allow Amanda MacDonald, Executive Director of Downtown BIA and Steve lchelson, Principal, Vice- President, Operations of Avison Young to address Council. Carried Unanimously ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that Council approve the Downtown BIA Budget. Carried (Councillor Carolynn loannoni was opposed to vote and Councillor Lori Lococo declared a conflict). 9.2. Heavy Construction Association of Regional Niagara (HCARN) HCARN would like to express their concern to Council about a reduction in capital projects in the latter part of 2020 and to encourage local municipalities to complete their 2020 capital programs, while emphasizing the need for a continued commitment to municipal infrastructure works as Councils enter into budget deliberations for 2021. 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 was absent from the vote). Page 10 of 24 City Council November 17, 2020 9.3. Illicit Cannabis Resolution - Norfolk County Norfolk County Council is requesting solutions to the current cannabis crisis. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 9.4. Advocacy Letter to Premier Ford - Maintaining Public Support for Public Health Guidelines Mayor Rob Burton, City of Oakville, has sent an advocacy letter to Premier Ford to advocate for a targeted approach that is driven and backed by evidence in order to maintain public support for public health guidelines in place of a continued use of restrictions on a geographic or blanket basis. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 9.5. Dominion Niagara Holding Ltd, 4635 Queen Street The owners of 4635 Queen Street in Niagara Falls are asking for consideration in the removal of pre-qualification stipulations for the Commercial Building and Facade Improvement Grant and the Revitalization Grant Program, due to COVID-19. RECOMMENDATION: To Refer to Staff. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council refer this matter to staff. Page 11 of 24 City Council November 17, 2020 Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 9.6. City of Niagara Falls Integrity Commissioner Annual Report In accordance with the terms of the Agreement between the City of Niagara Falls and ADR Chambers, ADR is providing the Annual Report for the first operating period of the agreement covering the period April 9, 2019 - April 8, 2020. RECOMMENDATION: For Council to receive the Integrity Commissioner Annual Report and that Council adopt the attached updated Code of Conduct to reflect the role of the Integrity Commissioner with respect to the Municipal Conflict of Interest Act. COUNCILLOR VICTOR PIETRANGELO LEFT THE MEETING AS HE DECLARED A CONFLICT OF INTEREST TO THIS MATTER. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive the Integrity Commissioner Annual Report and that Council adopt the attached updated Code of Conduct to reflect the role of the Integrity Commissioner with respect to the Municipal Conflict of Interest Act. Furthermore, that staff come back with an update with a further review of the Code of Conduct including how it compares to other municipalities. Carried Unanimously (Councillor Victor Pietranqelo declared a conflict of interest). 9.7. Medical Cannabis Grow Operations - Public Safety Concerns Correspondence sent from Niagara Police Services Board and the Niagara Regional Police Services regarding medical cannabis safety concerns. 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 Page 12 of 24 City Council November 17, 2020 9.8. Proclamation Request - Crime Stoppers of Niagara Crime Stoppers of Niagara is requesting the City of Niagara Falls to proclaim the month of January 2021 as "Crime Stoppers Month." RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council approve the request to have the City of Niagara Falls proclaim the month of January 2021 as "Crime Stoppers Month." Carried Unanimously 9.9. Proposed Regulation under the Ontario Heritage Act (Bill 108) RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously 9.10. Letter from Niagara Falls Canada Hotel Association (NFCHA) Correspondence from Doug Birrell, Executive Director, Niagara Falls Canada Hotel Association. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Vince Kerrio declared a conflict of interest). 9.11. Flag-Raising Request - Lebanese Independence Day Mr. Greg Bostajian, the Consul from the Consulate of Lebanon in Toronto, is requesting a flag raising of the Lebanese flag in recognition Page 13 of 24 City Council November 17, 2020 of Lebanese Independence Day on Saturday November 21st, 2020. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council approve the flag-raising request from the Consul from the Consulate of Lebanon in Toronto, in recognition of Lebanese Independence Day on Saturday, November 21, 2020. Carried Unanimously 9.12. MTO Owned Property at 5445 Kitchener Street, Niagara Falls Response from the Minister of Transportation (Steven McInnis, Director, Design and Engineering Branch) regarding the possible disposal of the ministry owned property located at 5445 Kitchener Street in Niagara Falls. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that staff communicate to the Minister of Transportation that the City of Niagara Falls show an expression of interest in the property and inquire as to whether or not they can start the process of declaring the land surplus. Carried Unanimously 9.13. Correspondence from Angela Peebles - Methodone Pharmacies At the will of Council, Angela Peebles requested to address Council on the subject of methadone clinics/pharmacies. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by 1 Councillor Carolynn loannoni that Council allow Angela Peebles the opportunity to address Council. Carried Unanimously ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Page 14 of 24 City Council November 17, 2020 Councillor Victor Pietrangelo that Council direct this matter to staff for a report including what the legal ramifications may be for the City to adopt a licensing by-law for methodone pharmacies. Carried Unanimously 9.14. Niagara HELPS - Niagara Homelessness Emergency Liaison & Peer Support Program At the will of Council, Dr. Hossain and/or support worker Scott Cronkwright are available to speak to Council about the Niagara HELPS program. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn loannoni that Council allow support worker, Scott Cronkwright to speak to Council on this matter. Carried Unanimously ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that Council receive the presentation for information and awareness. Carried Unanimously 9.15. City of St. Catharines — Resolution regarding the Development Approval Requirements for Landfills (Bill 197) The City of St. Catharines is requesting a motion of support be passed by respective Councils. RECOMMENDATION: That Council support the resolution. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council support the resolution. Carried Unanimously 9.16. The City of Belleville Resolution regarding Bill 218 and Resolution - City of Belleville regarding the Accessibility for Ontarian with Disabilities Act (AODA) - Website Funding Support for Municipalities. Page 15 of 24 City Council November 17, 2020 RECOMMENDATION: That Council Support the City of Belleville's resolution to keep the existing framework of the Municipal Elections Act and to receive and file the information pertaining to the City of Belleville's resolution (re: AODA). ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that Council Support the City of Belleville's resolution to keep the existing framework of the Municipal Elections Act and to receive and file the information pertaining to the City of Belleville's resolution (re:AODA). Carried Unanimously 9.17. Niagara Regional Council Motion - Decriminalization of Personal Possession of Illicit Drugs Attached is correspondence respecting a resolution passed by Niagara Regional Council regarding the Decriminalization of Personal Possession of Illicit Drugs. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 9.18. Niagara Region's New Restrictions on Dining 21 - 22 City Council is being asked to support a resolution to Dr. Hirji to immediately retract the order asking patrons to dine only with members of their household. RECOMMENDATION: For Council's Consideration. • ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the Public Health Department step up inspections and enforcement of Provincial COVID-19 protocols for those in non-compliance under Provincial Orders, that compliance with the Provincial Framework be made the priority, and that Public Health Page 16 of 24 City Council November 17, 2020 immediately halt the directive of dining only with those in the same household, in order to avoid unnecessary business losses and casualties; and further that a copy of this resolution immediately be sent to all of the Members of Niagara Regional Council, Senior Staff at the Region of Niagara and all Local Area Municipalities. Carried Unanimously No.9 - Resolution re Section 22 of Ontario's Health and Promotion 9.19. Downtown BIA - Hiring Process of a Board Employee The attached letter from the Downtown BIA indicates they are seeking the recuperation of employment related expenses and fees. RECOMMENDATION: For the Information of Council. COUNCILLOR LORI LOCOCO left the meeting as she had declared a conflict of interest to this matter on the agenda. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that the matter be referred to staff for a report back to Council including legal advice. Carried Unanimously (Councillor Lori Lococo declared a conflict of interest). 10. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive an offer to purchase 2.385 acres of land in the Montrose Business Park for a purchase price of $178,875.00 (2.385 acres @ $75,000 per acre). Carried Unanimously 11. MOTIONS 11.1. Notice of Motion - Councillor Wayne Campbell 23 - 24 Councillor Campbell passed a motion regarding a State of Emergency on mental health, homelessness and addiction. Page 17 of 24 City Council November 17, 2020 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that Council allow Steven Soos to address Council. Carried Unanimously ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Victor Pietrangelo that the City of Niagara Falls request the Niagara Region to declare a state of emergency on mental health, homelessness, and addiction; furthermore, the Niagara Regional Council, Niagara Region Public Health and Social Services, Premier of Ontario, the provincial Minister of Health, Minister of the Attorney General, Minister of Children, Community, and Social Services, the Minister of Municipal Affairs and Housing, and the Leader of the Official Opposition, as well as the Prime Minister of Canada, all regional municipalities and all local area municipalities within the Niagara Region be copied on this resolution. Carried Unanimously No.10 - Resolution re Niagara Region Declaring a State of Emergency on Mental Health, Homelessness and addiction 12. 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 amend By-law No. 2002-081, being a by-law to appoint City 112 - employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2020- A by-law to amend By-law No. 89-2000, being a by-law to regulate 113 - parking and traffic on City Roads. (Stopping Prohibited) 2020- A by-law to amend By-law No. 89-2000, being a by-law to regulate 114 - parking and traffic on City Roads. (Parking Prohibited, Limited Parking) 2020- A by-law to amend By-law No. 89-2000, being a by-law to regulate 115 - parking and traffic on City Roads. (Parking Prohibited) Page 18 of 24 City Council November 17, 2020 2020- A by-law to adopt, ratify and confirm the actions of City Council at its 116 - meeting held on the 17th day of November, 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 Unanimously 13. NEW BUSINESS a) Poppy Project ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that a letter of gratitude be sent from the Mayor's Office to all of those involved with this year's poppy project display. Carried Unanimously b) Niagara Veterans Memorial Highway ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council direct staff to repurpose some of the funds not used for this year's Remembrance Day Ceremony to replace the Niagara Veterans Memorial Highway signs and have staff come back with recommendations on the new designs. Carried Unanimously c) City of Niagara Falls Sparkle Lighting Competition ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that residents in Niagara Falls be encouraged to decorate their homes for an annual Niagara Falls Sparkle Light Competition and to recognize those homes that participate and that the City budget$5000.00 towards this City-sponsored event. Carried Unanimously 14. ADJOURNMENT Page 19 of 24 City Council November 17, 2020 a) Adjournment ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the meeting be adjourned at 8:46 pm. Carried Unanimously / ayor •=4 City Clerk Page 20 of 24 an ar. .0„A9A NIAGARA A FALLS"-- The City of Niagara Falls, Ontario Resolution No. 9 November 17, 2020 Moved by: Councillor Mike Strange Seconded by: Councillor Wayne Thomson WHEREAS In relation to Section 22 of Ontario's Health Protection and Promotion Act where the Acting Niagara Regional Public Health Chief Medical Officer, Dr. Hirji ordered that restaurants and bars enforce that people are only able to dine with those living in their household (or those essential to their physical or mental health); WHEREAS The Chief Medical Officer of Health indicated in his letter to Regional Councillors, that"It must be emphasized that operators of[restaurant] establishments do not seem to be responsible for infection spreading; rather, it is members of the public who are misusing freedom to dine in restaurants [...];" WHEREAS evidence has shown that the majority of COVID-19 cases in Niagara have not occurred in restaurants; WHEREAS restricting dining to family members only will have severe financial hardship on restaurants and is not consistent with Provincial orders and guidelines; WHEREAS restaurant and bar owners have spent a significant amount of money and resources on making their employees and premises COVID safe; WHEREAS the new section 22 issued by Niagara Regional Public Health are not consistent with Provincial guidelines, leading to confusion amongst business across Niagara. As it currently stands, the Provincial COVID-19 framework in ORANGE level restricts diners to 4 diners per table and the Regional Medical Officer of Health's order indicated that no more than 6 people be seated at a table; WHEREAS many hospitality workers are laid off and financially struggling, along with business owners in this industry; and WHEREAS, the hospitality industry directly accounts for 13% of all jobs in Niagara; 1 Page 21 of 24 WHEREAS each level of restrictions has devastating ramifications for the people working in these industries; WHEREAS these restrictions will make the problem worse by driving people together in to situations where no contact tracing, sanitization, face coverings or physical distancing is enforced; WHEREAS businesses and business leaders were not consulted on the best direction; WHEREAS many other types of businesses are allowing significantly more people in to their establishments in a safe way; WHEREAS this approach didn't work in Peel and numbers continued to escalate; WHEREAS there is no evidence that this type of measure will improve public safety; WHEREAS restaurants are more than just eating and drinking places, they're places to celebrate and enjoy family and friends and are an integral part of the fabric of our communities, THEREFORE BE IT RESOLVED that the Public Health Department step up inspections and enforcement of Provincial COVID-19 protocols for those in non-compliance under • Provincial Orders, that compliance with the Provincial Framework be made the priority, and that Public Health immediately halt the directive of dining only with those in the same household, in order to avoid unnecessary business losses and casualties; AND FURTHER that a copy of this resolution immediately be sent to all of the Members of Niagara Regional Council, Senior Staff at the Region of Niagara and all Local Area Municipalities. Z1-1/11( AND The Seal of the Corporation be hereto affixed. 01/ 4 44 WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR 2 Page 22 of 24 tII CITY Or '� CtAA)A NIAGA0.A rALIS. The City of Niagara Falls, Ontario Resolution No. 10 November 17,2020 Moved by: Councillor Wayne Campbell Seconded by: Councillor Victor Pietrangelo WHEREAS According to the Province of Ontario Emergency Response Plan (2008), Canadian municipalities are free to declare states of emergencies in response to"any situation or impending situation caused by the forces of nature, an accident, an intentional act or otherwise that constitutes a danger of major proportions to life or property." WHEREAS Approximately 625 residents- including 144 children in Niagara, were counted as homeless (March 2018),with shelter occupancy operating at 109.4 percent capacity WHEREAS Niagara EMS reported 335 suspected opiate overdoses (Jan-June 2019). WHEREAS Some Niagara-area municipalities have had services such as mental health removed from their Hospitals, and whereas Niagara is severely lacking in mental health and addiction services THEREFORE BE IT RESOLVED that the City of Niagara Falls request the Niagara Region to declare a state of emergency on mental health, homelessness, and addiction. FURTHERMORE, the Niagara Regional Council, Niagara Region Public Health and Social Services, Premier of Ontario, the provincial Minister of Health, Minister of the Attorney General, Minister of Children, Community, and Social Services, the Minister of Municipal Affairs and Housing, and the Leader of the Official Opposition, as well as the Prime Minister of Canada, all regional municipalities and all local area municipalities within the Niagara Region be copied on this resolution." AND The Seal of the Corporation be hereto affixed. CARRIED WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR 1 Page 23 of 24 2 Page 24 of 24