09/26/2017Niagara � MINUTES
]'7 City Council Meeting
/"'ra��s Tuesday, September 26, 2017 Council Chambers
J CANADA 5:OOPM
COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor,
Councillor Carolynn loannoni, Councillor Vince Kerrio, Councillor Joyce
Morocco, Councillor Victor Pietrangelo, Councillor Mike Strange, and
Councillor Wayne Thomson
COUNCIL ABSENT:
STAFF PRESENT:
MEDIA PRESENT:
1 In Camera Session of Council - 4 p.m.
a) Property Matters
ORDERED on the motion of Councillor Morocco, seconded by
Councillor Thomson that Council move into an In Camera session.
Carried Unanimously
2 CALL TO ORDER
O Canada sung by Jessica Vaughan.
3 ADOPTION OF MINUTES
a) Council Minutes of August 22, 2017
ORDERED on the motion of Councillor Thomson, seconded by
Councillor Pietrangelo that the minutes of August 22, 2017 be approved
as recorded.
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.
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City Council
September 26, 2017
a) Councillor Kerrio indicated a conflict to In Camera matter, L-2017-19, as
he owns the neighboring property.
b) Councillor Campbell indicated a pecuniary interest to cheque number
407542, made payable to himself.
c) Councillor Craitor indicated a pecuniary interest to cheque number
407236 made paybale to himself and to communication #
d) Councillor Morocco indicated a pecuniary interest to cheque number
407544, made payable to herself.
e) Councillor Strange indicated a conflict to report L-2017-17.
f) Mayor Diodati indicated a pecuniary interest to cheque numbers
406802, 407543 and 407970 made payable to himself.
5 DEPUTATIONS /PRESENTATIONS
a) Winter Festival of Lights
Tina Myers updated Council on the upcoming WFOL events planned for
2017-2018, the recent China Trip and IFEA Award.
b) Ovarian Cancer Canada
Sherri Lynch addressed Council to bring awareness to Ovarian Cancer
disease and Bonnie Caruso,cancer survivor shared her story and the
importance of early detection.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that a resolution be prepared to petition the
upper levels of government to promote early detection for Ovarian
Cancer.
Carried Unanimously
c) 10 Men in a Tent
Dave Martineau will make a presentation to Council on the filming of his
Ten Men in a Tent movie.
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
Councillor Joyce Morocco that the City waive any fees associated with
the filming of the Ten Men in a Tent movie, including transportation fees
and road closure permits. That the City partner with Dave Martineau in
a grant application to the Niagara Investment In Culture (NIC) Grant and
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City Council
September 26, 2017
thereby contribute 25% of the total NIC funds requested, up to a
maximum of$12, 500.
Carried Unanimously
d) Alzheimer Society of Niagara Region
Peter Nicholson on behalf of the Alzheimer Society, will inform Council
of the upcoming Coffee Break Campaign and present Mayor Diodati
with his Coffee Break kit.
ORDERED on the motion of Councillor Kim Craitor, Seconded by
Councillor Carolynn loannoni that the City accept participate and accept
the coffee break kit and include all city facilities and that Council forward
a resolution of Alzheimer awareness.
Carried Unanimouslv
e) Citizen Recognition
Mayor Diodati reconized Mackenzie Leigh who stepped in and offered
medical assistance to an elderly gentleman which was vital in saving his
life.
f) GO Hub Transit Stations Study
Niagara Region Staff made a presentation to provide an update on the
draft land use concepts for the GHTSS
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the presentation be received.
Carried Unanimouslv
g) United Wav Fundraising -Supporting Mental Health
Lucy Ciampa presented Council with details on an upcoming
Fundraising event entitled "Unveiling the Mask of Mental Health" taking
place on October 27, 2017. A request for support from Council by
purchasing a table to the event was made.
ORDERED on the motion of Councillor Kim Craitor, Seconded by
Councillor Mike Strange that a table be purchased to the event.
Carried Unanimouslv
h) Pregnancy and Infant Loss Awareness Day
Natalie Proulx, Funeral Director addressed Council and requested that
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City Council
September 26, 2017
October 15th, 2017 be declared as "Pregnancy and Infant Loss
Awareness Day".
ORDERED on the motion of Councillor Kim Craitor, Seconded by
Councillor Joyce Morocco that October 15th, 2017 be declared as "
Pregnancy and Infant Loss Awareness Day" in the City Niagara Falls.
Carried Unanimously
i) Paradise Development —Thundering Waters
Kevin Jacobi, Executive Director of CanadaBW Inc. addressed Council
on the impact of the Paradise development at Thundering Waters.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor
Morocco that no other public presentations or deputations are to be
made before Council until a coordinated public meeting, under the
Planning Act, is held regarding the Thundering Waters development.
6 PLANNING MATTERS
a) Public Meeting:
PBD -2017-33 - 26CD-11-2017-005 & AM -2017-009
Plan of Vacant Land Condominium and Zoning By-law Amendment
Application
3757 St. Peter Avenue
Applicant: Frank Costantino
Agent: Emilio Raimondo (Raimondo &Associates Architects)
Emilio Raimondo, Raimondo &Associates Architects, explained the
application and was available for any questions of Council.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Kim Craitor that the report be approved as recommended.
Carried Unanimously
b) Public Meeting:
PBD -2017-36 - AM -2017-004, Zoning By-law Amendment Application
5297 River Road
Proposal: 3 Storey, 8 Unit Apartment Dwelling
Applicant: Dr. Kamal Mattar
Agent: Stephen Bedford
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City Council
September 26, 2017
Stephen Bedford, the agent for the applicant and Dr. Matter, the
applicant provided an overview of the proposed 3 storey, 8 unit
apartment dwelling.
Janice Crossman, 5351 River Road, expressed concerns with the
building design not fitting in with the surround homes, concerns with
potential damage to neighbouring buildings caused by construction, as
well as concerns with the minimum side yard width.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Carolynn loannoni that the recommendation be approved
along with the ability to encroach above the height limits an additional 10
meters for the use of patio equipment.
Carried Unanimously
7 REPORTS
a) L-2017-17
Proposed Declaration of Surplus
Part of Township Lot 78, Stamford as in BB13069
(Parcels 4-6) Lying East of Pettit Av, Except RO267509; R0742914 and
Part on 59R-9613 and Part 2 on 59R-12461; Subject to R0722432; City
of Niagara Falls
Our File: No. 2017-122
Donna
Harrison,
6338 Sheldon
Street, expressed that the City not
declare
the land
in question as
surplus.
Diane DiGioacchino, 4200 Longhurst Avenue, expressed that the area is
valued and she would like to see it protected.
Michael Rochard, 6352 Sheldon Street, expressed interest in
purchasing the proposed area behind his property. Mr. Richard
addressed a compromise he had for the property.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Victor Pietrangelo that the matter be referred to staff taking
info consideration Mr. Richards compromise of purchasing only a depth
of 20 feet of land.
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City Council
September 26, 2017
Motion Carried
with Councillors loannoni and Craitor opposed
b) Brian Duxbury, Integrity Commissioner Update
1. Report # 1: Review of Mr. Tupman's Concerns -Litigation Counsel to
Councillor Caroylnn loannoni
2. Report # 2: Review of Formal Complaint - In Camera Meeting of
January 24, 2017
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Victor Pietrangelo that the reports be received.
Carried Unanimously
71. 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.
BDD-2017-07 Rural Economic Development Funding (OMAFRA) re
Economic Diversification Strategy
Council authorize the Mayor and Clerk to sign the Rural Economic
Development Agreement.
F-2017-32 -Monthly Tax Receivables Report -August
That Council receive the Monthly Tax Receivables report for information
purposes
FS -2017-04 Amendments to the City of Niagara Falls Fireworks By-law
It is recommended that Council approve the by-law on tonight's agenda
respecting the City's Fireworks By -Law.
FS -2017-05 -Fire Department Radio System
It is recommended
that
the Mayor
and Clerk be authorized to execute the
necessary contract
with
Motorola
Solutions
Canada incorporated.
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City Council
September 26, 2017
MW -2017-42 - Lundy's Lane Bus Turnaround Improvements Contract No.
2017-452-17 -Tender Award
The contract be awarded to the lowest bidder Rankin Construction Inc. at the
tendered price of $221,829.00.
That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
MW -2017-43 -Consultant Appointment -Valley Way Drainage
Environmental Assessment Study
1.That the consulting firm GM Blue Plan be engaged to complete the Valley
Way Drainage Environmental Assessment in accordance with their proposa
dated August 16, 2017; and
2. The Mayor and Clerk be authorized to execute the required Consulting
Services Agreement.
MW -2017-44 Tender Award Contract #2017-440-17 Multiple Rural Culvert
Replacements
1.The contract be awarded to the lowest bidder CRL Campbell Construction
and Drainage Ltd., at the tendered price of $362,571.95 excluding HST.
2. That the Mayor and City Clerk be authorized to execute the necessary
contract documents.
PBD -2017-35 Telecommunication Facility Consultation 8068 Mountain
Road Fontur International on Behalf of Signum Wireless
It is recommended that Industry Canada be advised that the City of Niagara
Falls has no objection to the construction of a 40 metre (131 ft.) steel monopole
telecommunication structure with an equipment shelter at its base and
perimeter security fencing on the lands known as 8068 Mountain Road and
request that additional landscaping be provided to minimize the impact of the
tower along Montrose Road.
PBD -2017-37 DOW -2016-001, DOW -2013-16 &DOW -2013-17 Request for
Extension of Commercial Building & Fagade Grant Approvals for 4790
Victoria Avenue, 4351-4357 Queen Street and 4610 Erie Avenue
Applicant: Keefer Developments Ltd.
That Council approve an extension of one year for the Commercial Building
and Fagade Improvement Grant Agreements for:
1.4670 Victoria Avenue; and
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City Council
September 26, 2017
2. 4351-4357 Queen Street and 4610 Erie Avenue subject to the provisions
outlined in this report.
R&C-2017-12 - 2017 Sports Wall of Fame Inductees
That Council approve the following 2017 Sports Wall of Fame Inductees:
F-2017-33 -Municipal Accounts
That Council approve the municipal accounts totaling $40,572,841.31 for the
period July 20, 2017 to September 5, 2017.
F-2017-25 -Banking Contract Renewal
That the
City of
Niagara
Falls renew its banking agreement with Scotiabank for
a period
of five
(5) years
effective October
1,
2017.
L-2017-18
New
Niagara South Hospital Proposed Transfer
of Vacant Land
Montrose
Road
and Biggar Road Intersection Our File No.
2017-121
1.That Council approve the Transfer Agreement between Niagara Health
System and the City and proceed to transfer the lands shown in red on
Attachment "1" to this Report, on terms to be confirmed.
2. That the Mayor and Acting City Clerk and City Solicitor be authorized to take
whatever actions and sign whatever documents are required to complete the
transaction.
TS -2017-24 -Marshall Road @Ort Road -Intersection Control Review
That the curved
road segment
of Marshall Road
that connects the
south
approach of Ort
Road and the
west approach of
Marshall Road be
removed.
TS -2017-30 -Glendoone Street -Parking Review
That a "no parking" zone is established on the north side of Glendoone Street
between Arlington Avenue and Gainsborough Avenue; and
That 15 metre corner "no parking" restrictions is established on the south side
of Glendoone Street on both sides of Springdale Avenue.
TS -2017-32 RFP for Pay By Phone Parking
That Council award the contract for Pay by Phone for a one (1) year pilot
project with the option to renew for an additional 4 years to Honk Mobile.
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City Council
September 26, 2017
That the Mayor and City Clerk be authorized to execute the necessary
Agreement
ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor
Wayne Campbell that the reports on the Consent Agenda be approved as
recommended
Carried Unanimously
8 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
a) Fire Prevention Week - It is requested that the week of October 8-14,
2017 be proclaimed as "Fire Prevention Week" in the City of Niagara
Falls. This year's theme is "Every Second Counts: Plan Two Ways Out!"
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that the communication be approved.
Carried Unanimously
b) Jewish Niagara -Jewish festival on October 9th, 2017 and are
requesting waiver of application fees and street closures and permission
for fireworks.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the communication be approved.
Carried Unanimously
c) Amanda Todd
Legacy
Society -Request
that October
10th, 2017 be
proclaimed
as "Mental
Mental
Health Day"
in the City of
Niagara Falls.
ORDERED on the motion of Councillor Kim Craitor, Seconded by
Councillor Wayne Campbell that the communication be approved.
Carried Unanimously
d) Niagara Region -Feedback requested on Niagara Region Code of
Conduct for Members of Council.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Campbell that the communication be received.
Carried Unanimously
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City Council
September 26, 2017
e) Waste Reduction Week -Request the week of October 16-22, 2017 be
proclaimed as "Waste Reduction week" in the City of Niagara Falls.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the communication be approved.
Carried Unanimouslv
f) National Polycystic Disease - Request that September 4th, 2017 be
recognized as "National PKD Awareness Day" in the City of Niagara
Falls.
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Morocco that the communication be approved.
Carried Unanimouslv
g) National Airlines Council of Canada - Requesting a resolution
opposing the for-profit privatization of Canada's airports
ORDERED on the motion of Councillor Morocco, seconded by
Councillor Pietrangelo to receive and file the communication.
Carried Unanimouslv
h) Steve Ludzik Celebrity Roast &The Steve Ludzik Foundation -
requesting waiver of bus charges for event that took place August 19,
2017
ORDERED on the motion of Councillor Strange, seconded by Councillor
Pietrangelo that the communication be approved.
Carried Unanimouslv
i) Saint Paul High School Spirit Day - Request to permit up to 3 food
trucks on the school property and waive any licensing fees for the day
event, October 13, 2017.
ORDERED on the motion of Councillor Thomson, seconded by
Councillor Morocco that the communication be approved.
Carried Unanimouslv
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City Council
September 26, 2017
j) Vacancy on Library Board -See correspondence from Alicia Subnaik,
Chief Librarian.
ORDERED on the motion of Councillor Campbell, seconded by
Councillor Pietrangelo that Council appoint Karl Dockstader as a citizen
representative to the Niagara Falls Library Board.
ORDERED on the motion of Councillor Craitor, seconded by Councillor
Thomson that Councillor loannoni be reappointed to the Library Board
as a Council representative.Carried Unanimously
k) Niagara Falls International Marathon -Request to waive
transportation, road closure, and refreshment vehicle licence fees.
ORDERED on the motion of Councillor Pietragnelo, seconded by
Councillor Strange that the communication be approved.
Carried Unanimously
Niagara Region -Notice of Passing of Municipal -wide Development
charges by-law
ORDERED on the motion of Councillor Craitor, seconded by Councillor
Thomson that the information be received and that staff bring back a
report.
Carried Unanimously
m) Regional Report -Smarter Niagara Incentive Program 2017 Budget
Update
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Craitor that the communication be received.
Carried Unanimously
n) City of Thorold -Port Robinson Ferry
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Campbell that the information be received for information.
Carried Unanimously
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City Council
September 26, 2017
o) Stop the Great Lakes Nuclear Dump Inc. -Request for Mayor to sign
Great Lakes Mayors letter (attached) and potential Resolution
(attached), should Council wish to support the initiative.
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Morocco that Council support the petition and that the Mayor
sign the petition.
Carried Unanimously
9 RATIFICATION OF IN CAMERA SESSION
10 MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati advised of recent events: Wake Up Campaign Station 4
Volunteers from Chippawa Fire Department visited neighbourhoods;
TVCogeco announced new name "YourTV"; BV Glazing recently established
commercial division at the former Redpath building; F.J. Miller Park playground
opening on Valiant Street; Tomb of the Unknown Soldier, major restoration of 2
"fields of honour; Green Burial Section "Willow's Rest" opens; Code Niagara
hosting seminar this saturday; Terry Fox Run; 2017 Trillium Awards; A.N. Myer
Reunion; Memorial Tree Planting for Chester Murawski; Toronto Maple Leaf
Training Camp in Niagara Falls.
Mayor Diodati advised of upcoming events: Niagara Falls Prayer Luncheon
September 29th 11:30-1 PM at Club Italia; next Council meeting October 24th,
2017.
11 RESOLUTIONS
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
2017-101 A by-law to regulate the sale and setting off of fireworks and
pyrotechnic special effects within the City of Niagara Falls.
2017-102 A by-law to amend By-law Nos. 79-200 and 1998-183, to
permit the use of the Lands fora 6 storey, 36 unit apartment building
(AM -2017-006).
2017-103 A by-law to repeal By-law 2001-176 and 2014-102,
Designation By-laws under the Ontario Heritage Act, designating the
property known as the Stamford White Oak Tree, Portage Road and
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City Council
September 26, 2017
Carman Street, as being of cultural heritage value and interest.
2017-104 A by-law to repeal By-law 2002-054, a Designation By-law
under the Ontario Heritage Act, designating the property known as the
Reverend William Leeming House, 5781 Highland Avenue, as being of
cultural heritage value and interest.
2017-105 A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Stopping Prohibited, Parking
Prohibited, Stop Signs at Intersections, Speed Limits on Highways)
2017-106 A by-law to authorize the execution of an Amendment of
Licence Agreement with Niagara Falls Archery Club Inc., respecting an
amendment to the Licence Agreement between the City and the Niagara
Falls Archery Club Inc.
2017-107 A by-law to authorize the execution of an Extension and
Amendment of Lease with 2030688 Ontario Ltd., respecting an
extension and amendment to the Lease between the City and 2030688
Ontario Ltd.
2017-108 A by-law to establish Reserve Block 27 on Registered Plan
59M-420 as a public highway to be known as, and to form part of
Sassafras Trail.
2017-109 A by-law to establish Reserve Block 29 on Registered Plan
59M-420 as a public highway to be known as, and to form part of Black
Maple Drive.
2017-110 A by-law to establish Reserve Block 172 on Registered Plan
59M-422 as a public highway to be known as, and to form part of
Hackberry Trail.
2017-111 A by-law to authorize the execution of an Agreement with
Niagara Region, for the collection of U -Pass Fees from the Brock
University Students Union on behalf of The City of Niagara Falls, Transit
Services.
2017-112 A by-law to authorize the execution of a Transfer Agreement
with Niagara Health System as Transferee and The Corporation of the
City of Niagara Falls as Transferor, for the transfer of certain lands
located in the City of Niagara Falls, described as Part of Lot 1, Broken
Front Concession, Crowland, designated as Parts 1 and 2 on Reference
Plan 59R-15870, City of Niagara Falls.
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City Council
September 26, 2017
2017-113 A By -Law to authorize the execution of an Extension
Agreement with Bell Canada, respecting the operations and
maintenance of a telecommunications facility over a portion of John N.
Allan Park.
2017-114 A by-law to authorize the payment of $40,572,841.31 for
General Purposes
2017-115 A by-law to authorize the execution of a Licence Renewal
Agreement with Her Majesty the Queen in Right of Ontario as
represented by The Minister of Infrastructure regarding certain lands
located in the City of Niagara Falls, described as Part of Lot 56 and Part
of Lots 9 and 10, Plan 194, for public parking and recreational purposes.
2017-116 A by-law to authorize the execution of an Agreement with
Motorola Solutions Canada Incorporated
2017-117 A by-law to amend By-law No. 2015-33, being a by-law to
provide for citizen appointments to certain Boards and Committees.
2017-118 A by -Law to authorize the execution of an agreement with Her
Majesty The Queen in right of the Province of Ontario as represented by
the Minister of Transportation for the Province of Ontario —ONTARIO
MUNICIPAL COMMUTER CYCLING PROGRAM (OMCC) — 2017.
2017-119 A by -Law to Authorize an Extension Agreement Relating to
Inter -Municipal Transit Services specifically in regards to the 40-45 route
to be provided by The Corporation of the City of Niagara Falls
(hereinafter called "NFT") and The St. Catharines Transit Commision
(herein after called "SCTC") within the Regional Municipality of Niagara
(hereinafter called the "Region").
2017-120 A by-law to amend By-law No. 2002-081, being a by-law to
appoint City employees, agents and third parties for the enforcement of
provincial or municipal by-laws.
2017-121
A by-law to
adopt,
ratify
and confirm
the actions
of City
Council at
its meeting
held on
the
26 th day of
September,
2017.
12 NEW BUSINESS
a) Mayor's Role as Head of Council
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City Council
September 26, 2017
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Campbell, that Council reinforce the authority of the Mayor,
as defined in the Municipal Act, that the role of the head of council is to
act as chief executive officer of the municipality who shall uphold and
promote the purposes of the municipality, promote public involvement in
the municipality's activities, act as the representative of the municipality
both within and outside the municipality, and promote the municipality
locally, nationally and internationally,• and participate in and foster
activities that enhance the economic, social and environmental well-
being of the municipality and its residents.
Motion Carried, with Councillor loannoni opposed
b) Municipal Bingo Licences
ORDERED on the motion of Councillor Strange, seconded by Councillor
Campbell that staff report back to Council on municipal Bingo licences
and revenues of all groups currently licenced and identify any that may
not be compliant, identify any irregularities, highlight any organisations
where proceeds are being spent in other municipalities and report back
on an annual basis.
Carried Unanimouslv
c) Resolution on Mental Health
ORDERED on the motion of Councillor Campbell, seconded by
Councillor Morocco that staff bring back a resolution for all of Council to
sign to have the City of Niagara Falls petition the provincial government
to create a new ministry of mental health to better coordinate the efforts
of the mental health care delivery in Ontario; and that a copy of this
request be sent to all communities asking for their support to encourage
the creation of a mental health ministry as they have already done in the
province of British Columbia.
Carried Unanimouslv
d) Accessory Dwellings /Air BnB /Vacation Rentals
ORDERED on the motion of Councillor Thomson, seconded by
Councillor Morocco that when staff bring back the report on vacation
rentals that it also include an update on the permitted uses of accessory
dwellings.
Carried Unanimouslv
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13 ADJOURNMENT
City Council
September 26, 2017
MES DIODATI, MAYOR
BILL MATSON, ACTING CITY
CLERK
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