The Niagara Region Record

Council

June 23, 2022

Who was there

Present (12): Jim Diodati, Robert Foster, Bob Gale, Brian Heit, Diana Huson, Wayne Redekop, Tim Rigby, Mat Siscoe, Terry Ugulini, Leanna Villella, Tim Whalen, Albert Witteveen

Absent (2): Sandra Easton, Bill Steele

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (19 motions)

18 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That Rofyda Bassiouny and Fatima Nasser, residents, City of Niagara Falls, BE PERMITTED to appear as individual delegates respecting Motion - Province of Quebec Bill 21 (Agenda Item No. 12.2).
Moved by Councillor Britton, seconded by Councillor Witteveen
Carried
That the order of the agenda BE AMENDED to move Minute Item 5.4 of Minutes CSC 6-2022 (Agenda Item 10.3), Report CSD 21-2022 respecting Regional Development Charges Deferral Request - 683 York Road, Niagara-on-the-Lake, to immediately following the delegation respecting this matter (Agenda Item 7.1).
Moved by Councillor Gale, seconded by Councillor Zalepa
Carried
That Council Agenda CL 12-2022, BE ADOPTED, as amended.
Moved by Councillor Ugulini, seconded by Councillor Chiocchio
Carried
That the question BE CALLED.
Moved by Councillor Gale, seconded by Councillor Gibson
Carried
That Minutes CL 10-2022 being the Open Session Minutes of the Regional Council meeting held on Thursday, May 19, 2022, and Minutes CL 11-2022 being the Open and Closed Session Minutes of the Special Regional Council meeting held on Thursday, May 26, 2022, BE ADOPTED.
Moved by Councillor Rigby, seconded by Councillor Nicholson
Carried
That the following items BE RECEIVED for information: CL-C 40-2022 A letter from W. A. Wilson, Senior Project Manager, MTE Consultants, dated June 14, 2022, respecting Niagara Region Official Plan - Settlement Area Boundary Review Assessment Review of Municipal Servicing for 4810 Garner Road, Niagara Falls SABR ID 1125 & SABR ID 1126. Regional Council Open Session Minutes CL 12-2022 June 23, 2022 Page 6 CL-C 41-2022 A letter from C. Ferguson, Principal, Parcel Economics Inc., dated June 15, 2022, respecting 4810 Garner Road, Niagara Falls - Review of Niagara Region Lands Needs Assessment. CL-C 44-2022 An email from S. Mazzuto, dated June 16, 2022, respecting Exclusion of Land from Urban Boundary Expansion Report. CL-C 45-2022 A memorandum from T. Harrison, Commissioner, Corporate Services/Treasurer, dated June 23, 2022, respecting Canada Summer Games Park Project Financial Update. CL-C 46-2022 A memorandum from C. Ryall, Director, Transportation Services, dated June 23, 2022 respecting Traffic Safety Issue on Regional Road 101 (Mountain Road). CL-C 47-2022 A letter from N. Smith, Turkstra Mazza Associates, dated June 22, 2022, respecting Niagara Official Plan - 8970 and 9015 Stanley Avenue and Lands on the South Side of Lyons Creek Road. CL-C 48-2022 A letter from G. Janes, Immediate Past President, Niagara Council of Women, dated June 23, 2022, respecting Comments on PDS 17-2022, Niagara Regional Official Plan Recommendation Report. CL-C 50-2022 An email from S. Sivarajah, W
Moved by Councillor Disero, seconded by Councillor Whalen
Carried
That CAO 6-2022, being a memorandum from R. Tripp, Chief Administrative Officer, dated June 23, 2022, respecting Council Endorsement of a Public Statement and Commitment to Address Systemic Discrimination and Anti-Indigenous Racism, BE RECEIVED; and That Regional Council APPROVE the release of the following public statement and commitment: Niagara Region Commits to Address Anti-Indigenous Racism and to Work Towards Reconciliation Municipal governments, as well as other levels of government in Canada, share responsibility and have an important role to play in eradicating anti-Indigenous racism and discrimination, and fostering equity and respect for all. Niagara Region acknowledges that colonialism and past actions and inactions across all levels of government have created discriminatory policies and practices against Indigenous Peoples. This has had direct, widespread and devastating effects on the health and well-being of First Nations, Métis and Inuit communities. Acknowledging this reality is essential to changing it. Niagara Region hereby issues a commitment to address systemic discrimination and anti-Indigenous racism within its institution. Niagara Region recognizes that this statement will not stand alone. As an organization, we have work to do to continue to confront systemic anti-Indigenous racism and discrimination. We are committed to taking specific, measurable, and continued action. As a start, a Joint Roundtable has been established with the Niagara Indigenous C
Moved by Councillor Huson, seconded by Councillor Ip
Carried
That Minutes PWC 5-2022 being the Open and Closed Session minutes of the Public Works Committee meeting held on Tuesday, June 14, 2022, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Rigby, seconded by Councillor Fertich
Carried
That Minutes PHSSC 6-2022 being the Open Session minutes of the Public Health & Social Services Committee meeting held on Tuesday, June 14, 2022, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Greenwood, seconded by Councillor Chiocchio
Carried
That Report CSD 17-2022, dated June 15, 2022, respecting Financial Enterprise Resource Planning System Shared Services Agreement, BE RECEIVED and the following recommendations BE APPROVED: 1. That staff BE AUTHORIZED to enter into negotiations with the City of St. Catharines regarding a financial enterprise resource planning (ERP) system implementation work plan, project agreement, and shared services agreement; 2. That Regional Council DELEGATE AUTHORITY to the Commissioner of Corporate Services and Director of Legal Services to enter into the agreements; and 3. That upon execution of the agreement, staff BE AUTHORIZED to hire up to four (4) new permanent FTE, to be fully funded by the City of St. Catharines under the terms of the agreements, to provide the implementation and ongoing system support. The following friendly amendment was accepted by the Regional Chair, and the mover and seconder of the motion: 1. That staff BE AUTHORIZED to enter into negotiations with the City of St. Catharines, and subsequently the City of Niagara Falls, no sooner than January 1, 2024, regarding a financial enterprise resource planning (ERP) system implementation work plan, project agreement, and shared services agreement; The Regional Chair called the vote on the motion, as amended, and declared it,
Moved by Councillor Diodati, seconded by Councillor Gibson
Carried
That Minutes PEDC 5-2022 being the Open Session minutes of the Planning & Economic Development Committee meeting held on Wednesday, June 15, 2022, BE RECEIVED and the recommendations contained therein BE APPROVED. Regional Council Open Session Minutes CL 12-2022 June 23, 2022 Page 12 10.4.1 Minute Item 5.2 Respecting Niagara Official Plan: Recommendation Report for Adoption The motion contained in Minute Item 5.2 was considered separately as follows: That Report PDS 17-2022, dated June 15, 2022, respecting Niagara Official Plan: Recommendation Report for Adoption, BE RECEIVED and the following recommendations BE APPROVED: 1. That the Niagara Official Plan (NOP) BE DECLARED to meet the requirements of Section 26(1)(a),(b) and (c) of the Planning Act, as required by Section 26(7) of the Planning Act; 2. That the NOP, as summarized in this Report and attached as Schedule A to the proposed By-law listed as Appendix 1, BE ADOPTED in accordance with Section 17(22) of the Planning Act; 3. That the proposed By-law to adopt the new NOP BE APPROVED; 4. That the current NOP, as approved by By-law (828-785-73, as amended) BE REPEALED on the date the new NOP is approved by the Province of Ontario; 5. That the requirements of 17(15) and 17(16) of the Planning Act BE DECLARED to have been met and that no additional public meeting or open house be required; 6. That the notice of decision of Council’s adoption of the NOP BE GIVEN, in accordance with Section 17(23) of the Planning Act; 7. That
Moved by Councillor Witteveen, seconded by Councillor Huson
Carried
That the deferral of development charges for 7000 Oakwood Avenue, in the City of Niagara Falls, BE RECONSIDERED at this time. Two-thirds having been achieved, the vote was declared,
Moved by Councillor Greenwood, seconded by Councillor Jordan
Carried
Whereas on September 19, 2019, Regional Council approved the recommendation of its Corporate Services Committee to authorize the execution of a Regional Development Charges deferral agreement with the owners of 7000 Oakwood Drive, Niagara Falls, in the amount of $55,479.88, to December 1, 2022; Whereas given the long history of service of Laurie Ewart’s Danceworks to the residents and families in Niagara Falls (25 years of business), and that no significant changes have been done to the site or the building and that this is simply a change of use in name sake; Whereas the City of Niagara Falls, for this reason, already agreed to waive the Municipal portion of the development charge fees. NOW THEREFORE BE IT RESOLVED: That Niagara Regional Council APPROVE a development charge exemption to Laurie Ewarts Danceworks, located at 7000 Oakwood Drive, Niagara Falls, in the amount of $55,479.88, to be funded by the year end reconciliation of the levy budget.
Moved by Councillor Greenwood, seconded by Councillor Butters
Carried
That the motion respecting Province of Quebec Bill 21 BE
Moved by Councillor Ip, seconded by Councillor Insinna
Referred
That Confidential Report CSD 23-2022, dated June 15, 2022, respecting A Matter of Advice that is Subject to Solicitor-Client Privilege and Respecting Litigation under s. 239(2)(e)(f) of the Municipal Act, 2001 – Summary of Civil Lawsuits Commenced Against The Regional Municipality of Niagara (Niagara Region), Niagara Regional Police Service (NRPS) and Niagara Regional Housing (NRH), BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Huson, seconded by Councillor Campion
Carried
That Confidential Report CSD 25-2022, dated June 15, 2022, respecting A Matter Regarding a Proposed Acquisition of Land by the Municipality under s. 239(2)(c) of the Municipal Act, 2001 – NE Regional Road 98, Niagara Falls, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Fertich, seconded by Councillor Whalen
Carried
That Confidential Report CSD 26-2022, dated June 15, 2022, respecting A Matter Regarding a Proposed Acquisition of Land by the Municipality under s. 239(2)(c) of the Municipal Act, 2001 – SE Regional Road 98, Niagara Falls, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Ip, seconded by Councillor Butters
Carried
That Confidential Report CAO 7-2022, dated June 23, 2022, respecting Personal Matters about an Identifiable Individual under s. 239 (2) of the Municipal Act, 2001 – Recruitment, Commissioner Public Works, BE RECEIVED and the recommendation contained therein BE APPROVED.
Moved by Councillor Rigby, seconded by Councillor Gibson
Carried
That the following Bills BE NOW READ and DO PASS: Bill 2022-40 A by-law to amend By-law 120-2010, The Procedural By-law - Appendix A Code of Conduct. Bill 2022-41 A by-law to amend By-Law 89-2000 To Provide for the Regulation of Traffic On Regional Highways (Speed Reduction Regional Road 24 in the Town of Lincoln). Bill 2022-42 A by-law to amend By-Law 89-2000 To Provide for the Regulation of Traffic on Regional Highways (Parking Prohibition Regional Road 39 in The Town of Lincoln). Bill 2022-43 A by-law to amend By-Law 89-2000 to Provide for the Regulation of Traffic On Regional Highways (Prohibited Turns Regional Roads 27 and 63 in the Township of West Lincoln). Bill 2022-44 A by-law to amend By-Law 89-2000 To Provide for the Regulation of Traffic On Regional Highways (Speed Reduction Regional Road 27 in the Town of Wainfleet & City of Welland). Bill 2022-45 A by-law to Authorize an Application for Approval to Expropriate all Right, Title and Interest (Fee Simple) in Lands Required for Municipal Purposes – re NE Regional Road 98, Niagara Falls. Bill 2022-46 A by-law to Authorize an Application for Approval to Expropriate all Right, Title and Interest (Fee Simple) in Lands Required for Municipal Purposes – re SE Regional Road 98, Niagara Falls. Bill 2022-47 A by-law to provide for the adoption of the Official Plan for The Regional Municipality of Niagara. Regional Council Open Session Minutes CL 12-2022 June 23, 2022 Page 19 Bill 2022-48 A by-law to adopt, ratify and confirm
Moved by Councillor Fertich, seconded by Councillor Insinna
Carried

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