Council

That Saleh Waziruddin, Marcel Stewart and Erika Smith, Niagara Anti- Racism Association, BE PERMITTED to appear before Council as a delegation respecting Report CAO 23-3030, Diversity, Equity and Inclusion Advisory Committee.

That Council Agenda CL 23-2020, BE ADOPTED, as amended.

That Minutes CL 21-2020, being the Open Session minutes of the Special Regional Council meeting held on Wednesday, November 18, 2020, and Minutes CL 22-2020, being the Open Session minutes of the Regular Regional Council meeting held on Thursday, November 19, 2020, BE ADOPTED.

That Report CSD 79-2020, dated December 17, 2020, respecting COVID-19 Cash Flow Update Report – December, BE RECEIVED for information.

That Correspondence Item CL-C 111-2020, being a memorandum from A.-M. Norio, Regional Clerk, dated December 17, 2020, respecting Appointment to Southwestern Integrated Fibre Technology (SWIFT) Board, BE RECEIVED; and That Councillor Foster BE APPOINTED as Niagara Region's representative on the SWIFT Board of Directors for a two-year term ending at the SWIFT Board Annual General Meeting in 2023.

That Report HR 6-2020, dated December 17, 2020, respecting Chief Administrative Officer (CAO) Recruitment – Regional Councillor Appointments to the CAO Recruitment Committee, BE RECEIVED and the following recommendations BE APPROVED: 1. That a Chief Administrative Officer (CAO) Recruitment Committee BE FORMED; 2. That, in accordance with the Terms of Reference in Corporate Procedure C-HR-026-001, Chief Administrative Officer – Recruitment, Selection, and Offer of Employment, four (4) Regional Councillors BE APPOINTED to the CAO Recruitment Committee; 3. That the rules of procedure, specifically clause 4.5 of Section 4 “Role of the Chair” of the Procedural By-law, BE SUSPENDED to permit Regional Chair Bradley to hold the position of Committee Chair of the CAO Recruitment Committee; and 4. That the process for selecting members of Regional Council to serve on the CAO Recruitment Committee BE CONDUCTED at this time. Regional Council Open Session Minutes CL 23-2020 December 17, 2020 Page 5 The Regional Chair called the vote on the motion. Clause 3 of the motion was considered separately, as two-thirds majority was required, as follows: That the rules of procedure, specifically clause 4.5 of Section 4 “Role of the Chair” of the Procedural By-law, BE SUSPENDED to permit Regional Chair Bradley to hold the position of Committee Chair of the CAO Recruitment Committee. Two-thirds majority having been achieved, the Chair declared the vote,

That each member BE PERMITTED two (2) minutes to speak respecting their interest in serving on the Chief Administrative Officer Recruitment Committee.

That Councillors Foster, Huson, Redekop and Witteveen, BE APPOINTED to the Chief Administrative Officer Recruitment Committee.

That Report BRCOTW 3-2020 being the Open Session minutes of the Budget Review Committee of the Whole meeting held on Thursday, November 26, 2020, BE RECEIVED and the recommendations contained therein BE APPROVED.

That Report AC 3-2020 being the Open Session minutes of the Audit Committee meeting held on Monday, December 7, 2020, BE RECEIVED and the recommendations contained therein BE APPROVED. 9.2.1 Minute Item 6.1 respecting Final Report on Non-Competitive Procurement Audit The motion contained in Minute Item 6.1 was considered separately as follows: That Report AC-C 11-2020, dated December 7, 2020, respecting Final Report on Non-Competitive Procurement Audit, BE RECEIVED for information; and That staff BE DIRECTED to provide a report at the Audit Committee meeting being held February 8, 2021, respecting staff training on procurement processes and further analysis of the examples provided in the KPMG audit including justification, comparison to budget and contract splitting. The Regional Chair called the vote on the motion and declared it,

That Report PW 44-2020, respecting Award of Contract 2020-T-116 Port Dalhousie Wastewater Treatment Plant (WWTP) Upgrades Contract 1, BE

That Report PHSSC 11-2020 being the Open Session minutes of the Public Health & Social Services Committee meeting held on Tuesday, December 8, 2020, BE RECEIVED and the recommendations contained therein BE APPROVED.

That point two (2) of the definitions of Appendix A to Report CSD 81-2020, respecting Amending Agreement to the Niagara Region Inter-Municipal Agreement, BE AMENDED to read as follows: Net revenues, consistent with the current agreement, from Red Light Cameras, Automated Speed Enforcement and such other automated technology-based traffic enforcement tools that may be approved by the Province, be shared 50/50 between the Region and the local area municipalities.

That Report PEDC 11-2020 being the Open Session minutes of the Planning & Economic Development Committee meeting held on Wednesday, December 9, 2020, BE RECEIVED and the recommendations contained therein BE APPROVED.

That Report COTW 5-2020 being the Open and Closed Session minutes of the Committee of the Whole meeting held on Thursday, December 10, 2020, BE RECEIVED and the recommendations contained therein BE APPROVED.

That Report BRCOTW 4-2020 being the Open Session minutes of the Budget Review Committee of the Whole meeting held on Thursday, December 10, 2020, BE RECEIVED and the recommendations contained therein BE APPROVED.

That Clause 2 BE AMENDED to read as follows: 2. That staff BE DIRECTED to prepare a report respecting a draft Terms of Reference, including membership requirements for a Diversity, Equity and Inclusion (DEI) Advisory Committee, an Anti-Racism Advisory Committee and a 2SLGBTQQIA Advisory Committee for consideration at the Corporate Services Committee being held on January 13, 2021. , Regional Council Open Session Minutes CL 23-2020 December 17, 2020 Page 13 The following friendly amendment to the amendment was accepted by the Regional Chair, and the mover and seconder of the motion: That Clause 2 BE AMENDED to read as follows: 2. That staff BE DIRECTED to prepare a report respecting a draft Terms of Reference, including membership requirements for a Diversity, Equity and Inclusion (DEI) Advisory Committee; an Anti-Racism Advisory Committee and a 2SLGBTQQIA Advisory Committee for consideration at the Corporate Services Committee being held on January 13, 2021 February 17, 2021. The Regional Chair called the vote on the amendment, as amended, and declared it,

That Report CAO 24-2020, dated December 17, 2020, respecting Second Progress Report respecting Implementation of Recommendations from the Ontario Ombudsman Report “Inside Job”, BE RECEIVED and CIRCULATED to the Ontario Ombudsman for information.

That Report CAO 25-2020, dated December 17, 2020, respecting Recruitment – Associate Medical Officer of Health, BE RECEIVED and the following recommendation BE APPROVED: 1. That the addition of one (1) permanent full-time equivalent (FTE) for the position of Associate Medical Officer of Health (AMOH) in the Public Health department BE

That consideration of the addition of one (1) permanent full-time equivalent (FTE) for the position of Associate Medical Officer of Health (AMOH) in the Public Health Department, BE

That the Regional Council EXTEND this meeting's curfew to 11:00 p.m.

The the rules of procedure BE SUSPENDED to permit Council to extend this meeting's curfew until business is completed. Two-thirds majority having been achieved, the Chair declared the vote,

That the Regional Chair BE DIRECTED to write a letter to the Premier of Ontario requesting that at least one Medical Officer of Health from an Ontario municipality be appointed to the Ministers' COVID-19 Vaccine Distribution Task Force. The following friendly amendment was accepted by the Regional Chair, and the mover and seconder of the motion: That the Regional Chair BE DIRECTED to send a letter to the Premier of Ontario, requesting that at least one Medical Officer of Health from an Ontario municipality be appointed to the Ministers' COVID-19 Vaccine Distribution Task Force; and That a copy of the letter BE CIRCULATED to the local Members of Provincial Parliament. The Regional Chair called the vote on the motion, as amended, and declared it,

That the notice requirements under Section 18.1 of the Procedural By-law BE WAIVED to permit consideration of a motion from Councillor Gale with respect to Local Food Back Donations. Two-thirds majority having been achieved, the Regional Chair declared the motion,

Whereas the need to help families exists across Niagara Region; and Whereas hunger does not take a holiday. NOW THEREFORE BE IT RESOLVED: That Niagara Region MATCH Regional Councillor donations to area food banks dollar for dollar; That the Region’s donation BE DERIVED from the 2020 budget surplus or other reserve account as best determined by staff; and That this OCCUR for all Councillor donations made prior to January 1, 2021. Councillor Heit declared an indirect pecuniary interest with the motion respecting Local Food Bank Donations, as his wife works for a local charitable organization, and therefore did not take part in the discussion or vote on this matter. The Regional Chair called the vote on the motion and declared it,

That this Council DO NOW MOVE into Closed Session for the purposes of receiving information of a confidential nature respecting: A Matter concerning Personal Matters about Identifiable Individuals under s. 239(2) of the Municipal Act, 2001 - Director, Corporate Strategy and Innovation

That Confidential Report HR 7-2020, dated December 17, 2020, respecting A Matter of Labour Relations: ONA Homes Interest Arbitration, BE RECEIVED and the following recommendation BE APPROVED: That the Regional Chair and the Regional Clerk BE DIRECTED to execute the collective agreement on behalf of The Regional Municipality of Niagara as per the binding November 2, 2020 Interest Arbitration Award (the “Award”) of Arbitration Board Chair William Kaplan for the 4-year period of January 1, 2018 to December 31, 2021 for ONA Local 9 – Homes (“ONA Homes”).

That Confidential Correspondence Item CL-C 112-2020, being a memorandum from A.-M. Norio, Regional Clerk, dated December 17, 2020, respecting A Matter of Labour Relations or Employee Negotiations under s.239(2) of the Municipal Act, 2001 – Niagara Regional Housing Alternative Service Delivery (Confidential NRH Report 17-2020), BE RECEIVED and the recommendation contained therein BE APPROVED.

That Confidential Correspondence Item CL-C 113-2020, being a memorandum from R. Tripp, Acting Chief Administrative Officer, dated December 17, 2020, respecting A Matter concerning Personal Matters about identifiable individuals under s. 239(2) of the Municipal Act, 2001- Update on Whistleblower Policy Complaints, BE RECEIVED for information.

That the Confidential Verbal Update respecting A Matter concerning Personal Matters about Identifiable Individuals under s. 239(2) of the Municipal Act, 2001 - Director, Corporate Strategy and Innovation, BE RECEIVED for information.

That the following Bills BE NOW READ and DO PASS: Bill 2020-87 A by-law to authorize the borrowing upon serial debentures in the aggregate principal amount of $35,754,409.00 for capital works of The Regional Municipality of Niagara. Regional Council Open Session Minutes CL 23-2020 December 17, 2020 Page 21 Bill 2020-88 A by-law to authorize the borrowing upon serial debentures in the principal amount of $15,335,000.00 for a capital work of the Regional Municipality of Niagara. Bill 2020-89 A by-law to authorize the borrowing upon serial debentures in the principal amount of $3,350,000.00 for a capital work of The Regional Municipality of Niagara. Bill 2020-90 A by-law to accept, assume and dedicate Part of Township Lot 24 in the City of Niagara Falls as part of Regional Road No. 101 (Portage Road). Bill 2020-91 A by-law to adopt, ratify and confirm the actions of Regional Council at its meeting held on December 17, 2020. Bill 2020-92 A by-law to adopt the 2021 water budget and to set the requisition to be charged for water supplied to lower-tier municipalities for the period of January 1, 2021 to December 21, 2021. Bill 2020-93 A by-law to set the requisitions to be charged for wastewater received from the lower-tier municipalities for the period of January 1, 2021 to December 31, 2021. Bill 2020-94 A by-law to adopt the 2021 waste management budget for the Regional Municipality of Niagara.