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08/13/2019 Niagara MINUTES Falls City Council Meeting Tuesday, August 13, 2019 Council Chambers 5:00 C NADA PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Carolynn loannoni, Councillor Vince Kerrio, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Chris Dabrowski, and Councillor Lori Lococo COUNCIL ABSENT: Councillor Victor Pietrangelo COUNCIL LATE: STAFF PRESENT: Alex Herlovitch, Donna Jaques, Erik Nickel, Heather Ruzylo, Jim Boutilier, Karl Dren, Kathy Moldenhauer, Ken Todd, Serge Felicetti, Suzanne Anderson, and Tiffany Clark 1. IN CAMERA SESSION OF COUNCIL - 4:00 PM 1.1. In-Camera Resolution ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that Council enter into an In-Camera session. Carried Unanimously 2. CALL TO ORDER 0 Canada - Performed by: Jaiden Atkinson 3. ADOPTION OF MINUTES a) MOTION FOR RECONSIDERATION - TS-2019-22 from July 16th, 2019 Council Meeting ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Campbell that the minutes from July 16th, 2019 Council, Report TS-2019-22 be amended. Carried Unanimously (Councillor Pietrangelo was absent from the vote) Page 1 of 22 City Council August 13, 2019 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that Report TS-2019-22 - Inter-municipal Transit Coordinating Committee Update: Establishment of Common Fare Structure be amended to reflect the age of 65 for free bus rides. Carried Unanimously ((Councillor Pietrangelo was absent from the vote) ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Carolynn loannoni that Senior Citizens (65 years and older) are provided free transit all day, every day, for a three month trial period starting September 1st, 2019 on Niagara Falls Transit systems and that Council approve a common Region wide fare structure and strategy, effective January 1, 2021. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 3.1. Council Minutes of July 16, 2019 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the minutes of July 16, 2019 be approved as recommended. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 3.2. Council Minutes of July 29, 2019 ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that the minutes of the Special City Council Meeting of July 29, 2019 be approved as recommended. Carried ((Councillor Pietrangelo was absent from the vote and Councillor loannoni abstained from the vote). 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 #428770, dated July 10, 2019, payable to herself for $133.42 (reimbursement of expenses); cheque #429260, dated July 24, Page 2 of 22 City Council August 13, 2019 2019, payable to Project Share for $24,866.67 (sits on board) and cheque #429228, dated July 24, 2019, payable to Niagara Falls Art Gallery for $2,332.34 (sits on the board as a resident). b) Councillor Wayne Campbell indicated a pecuniary interest to cheque #428616, in the amount of$1,721.94, payable to himself for travel/mileage. c) Mayor Diodati indicated a pecuniary interest to cheque #429147, payable to himself. 5. MAYOR'S REPORTS /ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Paulina Volpini, mother of Rick Volpini, retired from our Municipal Works Department; Rae Dianne lorfida, mother of Dean lorfida, former City Clerk; Clemente Della Marca, father of Ed Della Marca of our Cemetery Division; Gennaro Stranges, father of Mary Stranges of our Cemetery Division and Patrick Grindlay, school crossing guard. b) Mayor Diodati acknowledged the following birthdays: -to Councillor Mike Strange on Tuesday, August 6th -to Councillor Vince Kerrrio on Thursday, August 15th -to Councillor Wayne Campbell on Friday, August 23rd c) Mayor Diodati recognized Councillor Mike Strange for organizing a very successful event - 9th Annual Heater's Heroes Run for Children held at Oakes Park on Saturday, August 10th. d) Mayor Diodati recognized Councillor Pietrangelo for attending the following events: Grand Opening of Griffiths Performance Physiotherapy and Athletic Development; Day of 1000 Musicians and the Laying of the Wreath at the Annual Commemorative Service for the Battle of Lundy's Lane. e) Mayor Diodati recognized Councillor Thomson for attending the following events: the 60th Wedding Anniversary Certificate Presentation to John and Donna Campisano; Hilde Mercenik's 90th Birthday and the 75th Wedding Anniversary of Lieutenant Joseph Montgomery & Carol Tomlin. f) Mayor Diodati recognized Councillor Dabrowski for attending the Niagara Falls Mental Health Fair. Page 3 of 22 City Council August 13, 2019 g) Mayor Diodati recognized Councillor Strange for attending the following events: Canadian Jumpstart Recognition Event at Heartland Forest and the Grand Opening of T-Reality. h) The next Council meeting is scheduled for Tuesday, September 10th, 2019. 6. APPOINTMENTS / PRESENTATIONS 6.1. The Shelley Gautier Para-Sport Foundation Suzanne Letourneau, Event Coordinator and Dr. Joanne McKinley- Molodynia presented to Council information pertaining to a dinner fundraiser they are organizing on Thursday, October 17th, 2019 at Club Italia with the intent of asking Council to help by purchasing tickets. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that each Council Member purchase their own ticket to the event. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 6.2. Refuse To Lose Against PTSD (Post Traumatic Stress Disorder) Dan Giancola addresed Council with the intent to educate Council and the community about the "Refuse to Lose Against PTSD Organization" in an effort to help this organization raise awareness about the debilitating effects of those affected by this disorder. This organization raises money for the treatment of first responders in the Niagara Region. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that each Council Member purchase their own ticket to the event. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 7. PLANNING MATTERS 7.1. Public Meeting PBD-2019-51 (Presentation added) AM-2019-011, 26CD-11-2019-001 Zoning By-law Amendment and Draft Plan of Vacant Land Condominium Vacant Parcel between 7154 Adams Avenue and 6680 Hawkins Street Applicant: Habitat for Humanity Page 4 of 22 City Council August 13, 2019 The report recommends the following: 1. That Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Low Density, Grouped Multiple Dwellings zone (R4), to permit 16 townhouse dwelling units and a semi-detached dwelling on the subject lands; 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 das after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. 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 5. 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-2019-51. Frank Deluca, of 4341 Kinsmen Place spoke in opposition of the development. Craig Rohe from Upper Canada Consultants, representing the Applicant, Habitat for Humanity spoke in support of the staff report. Tom Richardson, Senior Counsel from Sullivan Mahoney in St. Catharines, spoke to Council regarding the land amalgamation. Mark Carl, Chief Executive Officer of Habitat for Humanity, spoke in favour of the development. The Public Meeting was Closed. ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Campbell that Council approve allowing Mr. Deluca an extra 5 minutes to complete his address to Council. Carried Unanimously (Councillor Pietrangelo was absent from the vote) Page 5 of 22 City Council August 13, 2019 ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Chris Dabrowski that the Zoning By-law Amendment AM- 2019-011 and the Draft Plan of Vacant Land Condominium 26CD-11- 2019-001 be deferred to allow Habitat for Humanity to work with the neighbours and bring back an application with a lower density. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 7.2. Public Meeting PBD-2019-47 AM-2019-006, Zoning By-law Amendment Application 5940 Carlton Avenue Applicant: Alvi Properties Inc. Proposal: 19 Unit Townhouse Development The report recommends that Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Low Density, Grouped Multiple dwellings (R4) zone, to permit a 19 unit townhouse development. Alex Herlovitch, Director of Planning, Building and Development gave an overview of the background report PBD-2019-47. Brad Pifiefer, of 5966 Carlton Avenue spoke in opposition of the development. Nanette Reyes, of 5941 Carton Avenue spoke in opposition of the development. Mr. Michael Allen, spoke on behalf of the Applicant, Alvi Properties Inc, supporting the development. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that the report be approved as recommended. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 7.3. Public Meeting PBD-2019-48 Page 6 of 22 City Council August 13, 2019 AM-2018-028, Zoning By-law Amendment Application 4174-4204 Portage Road Applicant: 2451513 Ontario Inc. (Drew Toth) Proposal: 6 Storey Mixed Use Building (52 dwelling units and 175 square metres of commercial floor space) The report recommends the following: 1. That Council approve the Official Plan and Zoning By-law amendment application to add a Specific Policy area designation to the lands and to rezone them a site specific General Commercial (GC) zone to permit a 6 storey mixed use building with 52 dwelling units and 175 square metres of commercial space; and 2. That the passage of the amending zoning By-law be conditional on the execution of a Section 37 agreement to secure contributions to public capital facilities. Alex Herlovitch, Director of Planning, Building and Development gave an overview of the background report PBD-2019-48. Mr. David Fast, of 8169 Michael Street, spoke in opposition of the development. Mr. Randy Mounsey, of 4197 Carroll Avenue, spoke in opposition of the development. Mr. Kevin Maves, of 4173 Carroll Avenue, submitted a written letter and spoke in opposition of the development. Ms. Susan O'Keefe, of 4181 Carroll Avenue, spoke in opposition of the development. Terrence Glover, representing the Applicant, 2451513 Ontario Inc., was in support of the staff report and asked for the support of Council. Drew Toth, owner/founder of Toth Group Real Estate, spoke in favour of the development. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Carolynn loannoni that Council deny the Zoning By-law Page 7 of 22 City Council August 13, 2019 Amendment Application AM-2018-028 due to its height, density for the site and increased traffic volume. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 7.4. Public Meeting PBD-2019-49 (Report added) 26CD-11-2019-002 Legends Phase 2 Plan of Vacant Land Condominium Willoughby Drive South of Weinbrenner Road Applicant: 800460 Ontario Inc. (Fred Costabile) The report recommends the following: 1. That the Legends Phase 2 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 subdivision 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-2019-49. Jennifer Vida,of Upper Canada Consultants, was present to speak to the development. ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 8. REPORTS / PRESENTATIONS 8.1. CD-2019-08 Page 8 of 22 City Council August 13, 2019 Fee Waiver Applications Project Share — Travelling Tapas & Good News Breakfast The report recommends that Council approve the Fee Waiver Applications for: 1. Project Share's Travelling Tapas' event in the amount of $2,888.05 for the waiver of fees associated with the donation of four (4) Niagara Falls Transit buses on Sunday, October 6th, 2019. 2. Project Share's Good News Breakfast and North vs. South Challenge event in the amount of$10,944.05 for the use of buses and staff to operate by collecting donations of food, funds and gifts for the Christmas program. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Carolynn loannoni that the recommendations in the report be approved. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 8.2. MW-2019-20 (Report added) Permission to Enter Agreement with Rankin Construction Inc. for use of Baden-Powell Park and other City-owned land as part of MTO Contract 2018-2013 for the replacement of QEW bridges over the Welland River The report recommends that Council authorize the Director of Municipal Works/City Engineer to enter into and execute a Permission to Enter Agreement with Rankin Construction Inc. for the use of Baden-Powell Park as part of MTO Contract 2018-2013 for the replacement of QEW bridges over the Welland River, subject to form and content of the agreement satisfactory to the Director of Municipal Works/City Engineer and City Solicitor. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the recommendation in the report be approved. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 8.3. PBD-2019-42 Page 9 of 22 City Council August 13, 2019 Telecommunication Facility Consultation 6501 Kister Road, ForbesBros Limited, on behalf of Rogers Communications; and 8699 Stanley Avenue, Signum Wireless (contract to Fontur International) The report recommends that Innovation, Science and Economic Development Canada (ISED) be advised that the City of Niagara Falls supports one (1) telecommunication tower in the Stanley Avenue Business Park and, concurs that in order to advance the economic development interest of the City, the 40 metre monopole at 8699 Stanley Avenue is the preferred location. ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Thomson that Council defer the report to the September 10, 2019 Council Meeting. Carried (Councillor Pietrangelo was absent from the vote and Councillor Kerrio was opposed). 8.4. PBD-2019-46 Matters Arising from Municipal Heritage Committee 2019 Designated Property Grant Glenview Mansion, 4223 Terrace Ave — 3 windows Stone Barn at the Halfway, 2358 Portage Road — 2 windows The report recommends the following: 1. That Council approve the proposed alteration and a grant in the amount of$5,000 to assist with the cost of the restoration of the 3 windows at the Glenview Mansion, 4223 Terrace Avenue, as it will assist in the overall preservation of the House. 2. That Council approve the proposed alteration and a grant in the amount of$500.00 to assist with the cost of the restoration of 2 windows at the Stone Barn at the Halfway, 2358 Portage Road, as it will assist in the overall preservation of the barn. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the recommendations in the report be approved. Carried Unanimously (Councillor Pietrangelo was absent from the vote) Page 10 of 22 City Council August 13, 2019 8.5. PBD-2019-52 Telecommunication Facility Consultation 3200 Stanley Avenue Applicant: Metrolinx The report recommends the following: 1. That Innovation, Science and Economic Development Canada (ISED) be advised that the City of Niagara Falls concurs with the construction of a 75 metre (246ft.) self-supporting telecommunication structure with an equipment shelter at its base and perimeter security fencing on the lands known as 3200 Stanley Avenue; and 2. That the Mayor and Clerk be authorized to sign and execute a License Agreement with Metrolinx for this site. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the recommendations in the report be approved. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 9. 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-2019-32 Monthly Tax Receivables Report— June The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2019-33 Municipal Accounts Page 11 of 22 City Council August 13, 2019 The report recommends that Council approve the municipal accounts totaling $29,223,255.74 for the period June 27, 2019 to July 31, 2019. L-2019-15 Delegation of Authority By-law Our File No. 2018-162 The report recommends that Council pass a by-law to delegate the authority to approve and execute agreements to members of City Staff. RSC-2019-16 2019 Sports Wall of Fame Inductees The report recommends that Council approve the following 2019 Sports Wall of Fame Inductees; Pre 1990 Era: Name Category Sport David Conte Builder Hockey Larry Gardner (Automatic) Athlete Swimming Mike Macgillivray Builder Hockey 1991 - Present Era: Name Category Sport Ray Barkwill (Automatic) Athlete Rugby Todd Simon Athlete Hockey L-2019-14 Permanently Close and Declare Surplus Part Road Allowance bisecting 9615 Warner Road Our File No. 2017-177 The report recommends the following: 1. In the event that Council determines that it is in the public interest to do so, that Part of the Road Allowance bisecting 9615 Warner Road and legally described as Part Unopened Road Allowance between Township Lots 9 & 10 and between Lot 9 and Gore Lot 12 Stamford; designated as Part 7 on 59R3619, (hereinafter referred to as the "Subject Lands"), Page 12 of 22 City Council August 13, 2019 as shown in red on the attached location map, be permanently closed and declared surplus to the City's needs. 2. That any sale of the Subject Lands be conditional upon the lands conveyed being merged in title with the abutting lands. 3. That the Mayor and Clerk and City Solicitor, be authorized to take whatever steps and sign whatever documents are required to carry out Recommendations 1 and 2 above. PBD-2019-53 (Report added) DOW-2017-005, Request for Extension of Commercial Building and Façade Grant Approval for 4463 Queen Street Applicant: Intellectual Inventive Inc. The report recommends that Council approve an extension of one year for the Commercial Building and Façade Improvement Grant Agreement for Application DOW-2017-005, 4463 Queen Street. TS-2019-03 Traffic Signal Maintenance and Operations Agreement The report recommends the following: 1. That the agreement with the Regional Municipality of Niagara for the operation and maintenance of all traffic control signals and systems owned by the City of Niagara Falls be approved. 2. The Mayor and Clerk be authorized to execute the required agreements. 3. That the Director of Transportation Services or designate be provided delegated authority to amend the agreement as new traffic control systems or devices come online. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the reports are approved as recommended. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. R&C- Memo re: Cultural Hub and Market Hall Funding Page 13 of 22 City Council August 13, 2019 RECOMMENDATION: That the Mayor and Council confirm approval of contribution of$6,198,494.00 (projected 49.5% of the project cost) for the funding of the Cultural Hub and Market Hall, as outlined in the initial projected project cost. And if the full requested amount is not received from CCSF, City Council will approve funding additional funds to offset any potential shortfall. Staff will continue to research additional project funding sources. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Lori Lococo that the recommendation in memo be approved. Carried Unanimously (Councillor Pietranqelo was absent from the vote) 10.2. Environics Research - Regional Governance Review Survey Detailed Report Information is being shared with various local municipalities. RECOMMENDATION: That Council receive the report for information. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn loannoni that Council receive and file the correspondence for information. Carried Unanimously (Councillor Pietrangelo was absent from the vote) ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn loannoni that the City of Niagara Falls work towards strategic priorities for our next term and will include homelessness, housing and drug action plans, among other priorities. Carried Unanimously (Councillor Pietranqelo was absent from the vote) 10.3. Resolution - Opposition to Changes in 2019 Provincial Budget and Planning Act Council Resolution from the City of Stratford, opposing changes. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that Council support the resolution regarding the opposition to changes in 2019 Provincial Budget and Page 14 of 22 City Council August 13, 2019 Planning Act from the City of Stratford. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.4. Correspondence - City of Thorold Letter to Premier Ford regarding Bill 115 - Beer Retailing in Ontario RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council receive and file the correspondence for information. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.5. Niagara Region - Various Corresondence (Regional Council Report added) 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 Pietrangelo was absent from the vote) ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Campbell that Council approve Councillor's Carolynn loannoni and Lori Lococo attending the Symposium for Goodness' Sake in Austin, Texas at a cost of$1500.00 each and that Regional staff be encouraged to attend. The objective is to learn the essentials behind the inner workings of Community First! Village and how they can go about getting started on a similar project with purpose. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.6. Town of Fort Erie - Whistleblowing Policy RECOMMENDATION: Refer to Staff for a report. Page 15 of 22 City Council August 13, 2019 ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Mike Strange that the matter be referred to Staff for a report. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.7. Amendment to City's By-laws to include gyms Carla Rienzo, resident of Niagara Falls, is making a recommendation to City Council to have the City amend its Licencing By-laws to include gyms. RECOMMENDATION: That Council receive for information. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Staff come back to Council with a report. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.8. Message from Minister Steve Clark - Ministry of Municipal Affairs and Housing The letter attached is regarding proposed changes to the Provincial Policy Statement (PPS). The PPS is an important part of Ontario's land use planning system, setting out the provincial land use policy direction. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that Council receive and file the correspondence for information. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.9. Town of Halton Hills - Resolution regarding reducing litter and waste RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that Council receive and file the Page 16 of 22 City Council August 13, 2019 correspondence for information. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.10. Municipal Amalgamation - Township of McKellar RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council support the resolution from the Town of McKellar regarding municipal amalgamation. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.11. Rainbow Crosswalk Letters attached to support the request for a rainbow crosswalk at Queen and Erie Streets. RECOMMENDATION: That the matter be referred to staff for a report back. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the matter be referred to staff for a report to come back to Council. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.12. Flag-Raising - CARP Niagara (Canadian Association of Retired Persons) CARP Niagara is requesting a flag-raising ceremony on Tuesday, October 1st, 2019 at 12:00 noon. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that Council approve the request to hold a flag raising ceremony on Tuesday, October 1st, 2019 in recognition of CARP Niagara (Canadian Association of Retired Persons). Page 17 of 22 City Council August 13, 2019 Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.13. Proclamation Request - CN Rail Safety Week The proclamation request is to recognize "Rail Safety Week 2019" which will take place from September 23-29, 2019. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the City proclaim "Rail Safety Week 2019"which will take place from September 23-29, 2019. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.14. Proclamation Request - 19th Annual Child Care Worker& Early Childhood Educator Appreciation Day The proclamation request is to recognize Thursday, October 24, 2019 as the 19th Annual Child Care Worker & Early Childhood Educator Appreciation Day. This will be a day of recognition for the many people who work providing early learning and child care services in our community. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that the City proclaim Thursday, October 24, 2019 as the "19th Annual Child Care Worker& Early Childhood Educator Appreciation Day." Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.15. Proclamation Request - Prostate Cancer Awareness Month The proclamation request is to recognize September 2019 as Prostate Cancer Awareness Month. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Vince Kerrio that the City recognize September 2019 as "Prostate Cancer Awareness Month." Page 18 of 22 City Council August 13, 2019 Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.16. Noise By-law Exemption and Special Occasion Event - Livestock Niagara Music and Arts Festival. Request from Rafik Guiruis, CEO, Livestock Niagara, seeking an exemption from Council to the City's Noise By-law to allow entertainment until 12:00 AM on Friday, August 23rd, 2019 and until 12 AM on Saturday, August 24th, 2019 for the Livestock Niagara Music and Arts Festival. The event is to be held at the Niagara Falls History Museum/Farmer's Market. Furthermore, to obtain a Special Occasion Permit from the Alcohol & Gaming Commission of Ontario (AGCO), to recognize the event as a public event of municipal significance. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Chris Dabrowski that the request be approved as recommended to allow entertainment until midnight on both August 23rd and 24th, 2019 and to deem the Festival as an Event of Municipal Significance. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 10.17. Special Occasions Permit - Studio Vine Glass A request is being made to have a special event at Studio Vine Glass taking place on Saturday September 28, 2019 at 5535 Slater Avenue, be declared by Council as an Event of Municipal Significance in order to assist with their request for a liquor licence through the AGCO. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Thomson that Council approve the request to deem the event on Saturday, September 28, 2019 as an Event of Municipal Significance. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 11. RATIFICATION OF IN-CAMERA Direction of staff to follow up on requests from the Niagara YMCA a well as a request from properties within the Niagara South Condominium 98. Page 19 of 22 City Council August 13, 2019 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2019- A by-law to permanently close part of a highway. 91 - 2019- A by-law to declare Part Unopened Road Allowance between Township 92 - Lots 9 & 10 and between Lot 9 and Gore Lot 12 Stamford; designated as Part 7 on 59R3619, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. 2019- A by-law to delegate the authority to approve and execute agreements 93 - to members of City Staff. 2019- A by-law to authorize the execution of a Renewal of Agreement with 94 - Streetseen Media, respecting the renewal of the contract for the supply and installation of advertising on the exterior and interior of Niagara Falls Transit buses. 2019- A by-law to authorize the payment of$29,223,255.74 for General 95 - Purposes. 2019- A by-law to amend By-law No. 89-2000, being a by-law to regulate 96 - parking and traffic on City Roads. (Limited Parking, Parking Meter Zones) 2019- A by-law to regulate the requirements for fire access routes and 97 - emergency vehicle access to buildings and properties within the City of Niagara Falls. 2019- A by-law to adopt, ratify and confirm the actions of City Council at its 99 - meeting held on the 13th day of August, 2019. 2019- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 98 - employees, agents and third parties for the enforcement of provincial or municipal by-laws. Page 20 of 22 City Council August 13, 2019 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 13. NEW BUSINESS a) Homelessness in Niagara Falls ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council allow Angela Peebles, resident of Niagara Falls, to speak to Council regarding homelessness. Carried (Councillor Pietrangelo was absent from the vote and Councillor Campbell opposed) ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Carolynn loannoni that staff bring back a report to Council with alternate places to sleep for the homeless in Niagara Falls. Carried Unanimously (Councillor Pietrangelo was absent from the vote) ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Lori Lococo that Council allow the meeting to go past the 10:00 curfew. Carried Unanimously (Councillor Pietrangelo was absent from the vote) b) Honouring John Turcotte ("King of Duff") ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that something is done to honour the recently deceased, John Turcotte, known as the "King of Duff"for his long standing volunteer work and to include the Winter Festival of Lights and Niagara Parks Commission. Carried Unanimously (Councillor Pietrangelo was absent from the vote) c) Thorold Tunnel ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Wayne Thomson that a resolution be sent to the Minister of Page 21 of 22 City Council August 13, 2019 Transportation and to the St. Lawrence Seaway to increase lighting within the Thorold Tunnel to improve safety. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 14. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the meeting be adjourned at 10:03 pm. Carried Unanimously (Councillor Pietrangelo was absent from the vote] ayor ity Clerk Page 22 of 22