Council

That Council Agenda CL 16-2024, BE ADOPTED, as amended.

That the following Minutes of City Council BE APPROVED, as presented: 1. CL 13-2024, being the Minutes of the open and closed session of the City Council Meeting held on Tuesday, August 13, 2024; and 2. CL 14-2024, being the Minutes of the open and closed session of the City Council Meeting held on Tuesday, September 10, 2024; and 3. CL 15-2024, being the Minutes of the Special City Council meeting held on Friday, September 13, 2024.

That the following Consent Reports BE RECEIVED and the recommendations contained therein, BE APPROVED: 1. 11.1 DF 14-2024: Financial Summary 2023 2. 11.2 DF 15-2024: Financing Leases 3. 11.3 DF-C 3-2024: Accounts Payable to September 19, 2024 4. 11.4 DS 40-2024: Part Lot Control Exemption - Blocks 56 & 58 Towpath and Block 24 Elvira Way 5. 11.5 DS 41-2024: Proposed Draft Plan of Standard Condominium (D07-02- 2024) – 10 Lyndon Street West 6. 11.6 DS 42-2024: Proposed Draft Plan of Standard Condominium (D07-03- 2024) – 6 Ann Street 7. 11.7 DS 43-2024: 18 River Street (The McFarland House), Port Robinson, designation under Part IV of the Ontario Heritage Act 8. 11.8 PWCS 80-2024: Tender Award - Port Robinson West Area 1 Park 9. 11.9 PWCS 90-2024: Assumption Hansler Heights Phase 1 10. 11.10 PWCS 99-2024: Tender Award No. 302PW4005 – Sidewalk and Curb Replacement, Various Locations 11. 11.11 PWCS 101-2024: Road Closures for Property Sale and Exchange Thorold City Council Open Minutes CL 16-2024 October 1, 2024 Page 4 12. 11.12 PWCS 102-2024: Cemetery Services Fee Schedule Correction Councillor O'Hare enquired if non-residents are paying the same fees as residents of Thorold. G. Holman, Director, Public Works, Community Services, advised there were errors in the non-resident fees and that this report is to correct the error with staff evaluating all rates during the 2025 budget deliberations. Councillor D'Angela advised that there should be a clear definition of a resident and non

That the Motion BE AMENDED to include the following clause: 4. That Council DIRECT staff to prepare a report for 2025 Budget respecting the City’s planting program.

That Correspondence Item CL-C 39-2024, being a memorandum from J. Letourneau, Legislative & Municipal Elections Coordinator, dated October 1, 2024, respecting ECCBAC Motion Concerning Greening Thorold Proposal, BE RECEIVED, and the following recommendations BE APPROVED: 1. That Council DIRECT staff to review the Environment, Climate Change and Biodiversity Advisory Committee’s (ECCBAC) Greening Thorold initiative; 2. That Council DIRECT staff to work with the Committee on implementing the recommendations; and 3. That Council DIRECT staff to consider these initiatives in the 2025 budget process; and 4. That Council DIRECT staff to prepare a report for 2025 Budget respecting the City’s planting program. The Mayor called a vote on the following motion, as amended:

That the Motion BE AMENDED to include the following clause: Thorold City Council Open Minutes CL 16-2024 October 1, 2024 Page 7 6. The Council DIRECT Staff to prepare a report for 2025 Budget respecting the planting of trees on private property, for the purpose of improving canopy coverage.

That report PWCS 27-2024, dated October 1, 2024, respecting 2024 Tree Planting Program BE RECEIVED, and the following recommendations BE APPROVED: 1. That Council DIRECT staff to make arrangements to host the Tree Canada community tree planting event to be held on Saturday, October 19th, 2024 at the Mel Swart Lake Gibson Conservation Park, and; 2. That Council DIRECT staff to make arrangements to host the TD Tree Days community tree planting event to be held on Saturday, October 26th, 2024 at the Port Robinson East Eco Park, and; 3. That Council DIRECT staff to make arrangements with the Richmond St. Public School/ District School Board of Niagara for a tree planting ceremony to recognize its efforts to enhance environmental awareness through education, and; 4. That Council DIRECT staff to commit the remaining funds in the 2024 Tree Planting budget to trees at the DeCew House Heritage Park and Battle of Beaverdams Park as outlined in this report, and; 5. That Council CONFIRM the City’s support for the Trees For All program in partnership with the Niagara Peninsula Conservation Authority, subject to the availability of funds approved in the annual Capital Budget; and Thorold City Council Open Minutes CL 16-2024 October 1, 2024 Page 8 6. The Council DIRECT Staff to prepare a report for 2025 Budget respecting the planting of trees on private property, for the purpose of improving canopy coverage.

That report PWCS 93-2024, dated October 1, 2024, respecting Emergency Over-run - City Hall Hot Water Tank BE RECEIVED, and the following recommendation BE APPROVED: 1. That funding in the amount of $1989.65 (excluding HST) BE APPROVED as a General Budget Overrun

That the motion BE AMENDED to remove the following: That report PWCS 94-2024, dated October 1, 2024, respecting Community Sport and Recreation Infrastructure Fund Applications BE RECEIVED, and the following recommendations BE APPROVED: 1. That Staff BE DIRECTED to submit an application to the Community Sport and Recreation Fund – Stream 1 (Retrofit) to fund needed Capital Improvements to the Baseball Facility at McMillan Field, and; 2. That Staff BE DIRECTED to submit an application to the Community Sport and Recreational Fund – Stream 2 (New Facility) to fund the construction of the New Artificial Turf Facility at Rolling Meadows.

The Mayor called a vote on the following motion, as amended: That report PWCS 94-2024, dated October 1, 2024, respecting Community Sport and Recreation Infrastructure Fund Applications BE RECEIVED, and the following recommendation BE APPROVED: 1. That Staff BE DIRECTED to submit an application to the Community Sport and Recreational Fund – Stream 2 (New Facility) to fund the construction of the New Artificial Turf Facility at Rolling Meadows.

That report PWCS 95-2024, dated October 1, 2024, respecting Housing Enabling Water Systems Fund Grant Application BE RECEIVED, and the following recommendation BE APPROVED: 1. That Staff BE DIRECTED to submit an application to the Housing Enabling Water Systems Fund for the Clairmont/Sullivan/Front St. S. Infrastructure Replacement Project.

WHEREAS all expenditures of public funds in regards to integrity commissioner reports, investigations, and findings shall be and will be of public knowledge; WHEREAS the Corporation of the City of Thorold shall be open, transparent and accountable in regards to the spending of taxpayers/public funds for all reports, investigations, and findings; WHEREAS in regards to Integrity Commissioner reports, that where the complaint is not sustained, the integrity commissioner is obligated to report to Council on the result of the investigation or findings; NOW THEREFORE BE IT RESOLVED THAT the Corporation of the City of Thorold amends the City of Thorold Complaint Protocol Section 11 (4) Investigation Report to read as follows: Thorold City Council Open Minutes CL 16-2024 October 1, 2024 Page 11 Where the complaint is not sustained, upon request of the respondent Councillor, the Integrity Commissioner is obligated to report to Council on the result of the investigation or any findings at the first available Council meeting following an investigation and may also include such information as he/she deems necessary in a report or as part of an annual or other periodic report by the Integrity Commissioner. Councillor Handley requested a recorded vote on the motion.

That Council DO NOW MOVE into closed session for the purposes of receiving information of a confidential nature respecting: 1. A matter respecting personal matters about an identifiable individual, including municipal or local board employees, under section 239(2)(b) of the Municipal Act. - By-law review, 2371 Merrittville Hwy. Thorold City Council Open Minutes CL 16-2024 October 1, 2024 Page 12 2. A matter respecting advice that is subject to solicitor-client privilege, including communications necessary for that purpose, under section 239(2)(f) of the Municipal Act. - encroachment, Tuliptree Drive

That Confidential Verbal Update, dated October 1, 2024, respecting By- law review, 2371 Merrittville Hwy., BE RECEIVED.

That Confidential Verbal Update, dated October 1, 2024, respecting Confidential Information respecting encroachments, Tuliptree Drive, BE RECEIVED.

That, in accordance with section 9.2 of By-law 26-2021, being the City of Thorold's Procedural By-law, the meeting PROCEED past 10:00 p.m. to allow the consideration of the business before City Council.

That the Motion BE AMENDED to include the following clause: 2. That Council DIRECT Staff to retain external legal counsel to advise on options respecting Neighbourhood Noise Wall – Encroachments on Tuliptree Drive, and Staff provide a status update to Council at the Council meeting on October 22, 2024.

The Mayor called a vote on the following motion, as amended: 1. That Correspondence Item PWCS-C 4-2024, being a memorandum from G. Holman, Director, Public Works, Community Services, dated October 1, 2024, respecting Confederation West (Tuliptree Drive) Neighbourhood Noise Wall - Encroachments, BE RECEIVED; and 2. That Council DIRECT Staff to retain external legal counsel to advise on options respecting Neighbourhood Noise Wall – Encroachments on Tuliptree Drive, and Staff provide a status update to Council at the Council meeting on October 22, 2024.

That the following by-laws BE NOW READ and DO PASS: 1. Bill 73-2024 – A By-law to exempt Block 56 from Part Lot Control– Towpath Estates Subdivision 2. Bill 74-2024 – A By-law to exempt Block 58 from Part Lot Control– Towpath Estates Subdivision 3. Bill 75-2024 – A By-law to designate 18 River Street (the McFarland House), under Part IV of the Ontario Heritage Act 4. Bill 76-2024 – A By-law to exempt Block 24 from Part Lot Control– Elvira Way 5. Bill 77-2024 – A by-law to amend by-law 150-2012, being the city's parking and traffic by-law - Hansler Heights Subdivision 6. Bill 78-2024 – Being a By-law to Assume Primary and Secondary Services in the Hansler Heights Phase 1 (Plan 59M-445) Thorold City Council Open Minutes CL 16-2024 October 1, 2024 Page 16 7. Bill 79-2024 – A By-law to Stop Up and Close a Public Highway - Front Street North Part 2, Plan 59R-18137 8. Bill 80-2024 – A By-law to Stop Up and Close a Public Highway - Niagara Street PIN 64450-0186 9. Bill 81-2024 – A By-law to Adopt, Ratify and Confirm the Actions of City Council at its Meeting held on October 1, 2024