11/10/2015 EIGHTEENTH MEETING
REGULAR COUNCIL MEETING
November 10, 2015
Council met on Tuesday, November 11th, 2015 at 5:10 p.m. for the purpose of
considering Regular Business matters. All members of Council except Mayor Diodati
were present. Vince Kerrio was Acting Mayor.
* * * * *
The National Anthem was sung by Lauren Watson.
* * * * *
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Thomson that the minutes of the October 27th, 2015 meeting be approved, as printed.
Carried Unanimously
* * * * *
DISCLOSURE OF PECUNIARY INTERESTS
No Disclosures
* * * * *
REPORTS 5:00 P.M.
L-2015-28 — LKQ Canada Auto Parts Inc. 6740 Marshall Road, Niagara Falls, Site
Plan Agreement.
The report is recommended for the information of Council.
Margaret Pirosko and Joe Pirosko of Pirosko Farms appeared before Council to
request a deferral of any decision regarding a site alteration permit associated with
6740 Marshall Road. The scrap yard has tripled in size, according to the speakers.
The Storm Water Management plan does not show full impact of the berms instituted by
LKQ. Their farm is experiencing flooding and they believe that there is potential for
watercourse contamination. Allowing the site alteration will not protect agriculture in the
City.
Rocky Vacca, Sullivan Mahoney Lawyers, representing LKQ Canada Auto Parts
Inc, His client is internationally known company that is a responsible, corporate citizen.
They have engaged in experts, whose plans, have been submitted to all proper
approval and commenting agencies. The NPCA had no objections to the storm water
management plan. Mr. Vacca indicated that they had tried to have constructive
dialogue with the lawyer and expert representing Pirosko Farms but there has been no
progress and his client would like to get staff consideration, since the plans were
submitted in the summertime. He pointed out that the Site Alteration permit is a
decision of the Director of Municipal Works, not Council. On the issue of legal non-
conforming use, he contended that the use can be expanded to the property limits and,
ultimately, a challenge of a legal non-conforming use has to happen through the Courts,
a process that has yet to be initiated by counsel for Pirosko Farms.
Council Minutes
November 10, 2015
David Hilton, a Willodale Road resident though the neighbours should have been
notified of the sale and expansion of the business. He contended there were drainage
issues.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Campbell that the consideration of the site alteration permit be directed to staff.
Carried Unanimously
* * * * *
Councillor loannoni vacated Council Chambers.
MW-2015-10 — Frozen Water Services Policy Amendment
The report recommends that Council approve the amendments to the Frozen Water
Services policy as outlined in this report
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Morocco that report MW-2015-10 be approved.
Carried Unanimously
Councillor loannoni returned.
Municipal Works staff made a presentation to Council outlining the City of Niagara Falls
Water Balance summary and recommendations.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Morocco to receive the presentation.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the Deputations/Presentations be moved forward.
Carried Unanimously
* * * * *
DEPUTATIONS/ PRESENTATIONS 6:00 P.M.
Millennium Trail
The Niagara Falls Lion Club was acknowledged for their contribution to the
Millennium Trail. Wayne Scott, Secretary, was present.
Niagara Regional Housing
Shirley Cordiner, Chair and Ellen Balmain, CEO of Niagara Regional Housing
provide Council with an update on affordable housing in Niagara.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange
that the presentation by Niagara Regional Housing be received.
Carried Unanimously
* * * * *
2
Council Minutes
November 10, 2015
R&C-2015-17 — Recreation User Fees Review
The report recommends the following:
1. That Council approve the three year user fees schedule for Arenas and Athletic
Fields effective May 1, 2016.
2. And that staff continue to monitor operating costs and facility utilization.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the report be approved; and that staff look at subsidization rates on a sports by
sports basis.
Carried Unanimously
* * * * *
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-2015-42 — Cancellation, Reduction or Refund of Taxes
The report recommends that Council approve the cancellation, reduction or refund of
taxes on the various accounts per the attached summary and granted to the property
owners listed.
MW-2015-35 — Chippawa Boat Ramp Improvements Phase 2
The report recommends the following:
1. That the tender for the Chippawa Boat Ramp Improvement Project (Phase 2) be
awarded to Rankin Construction Inc. in the amount of $178,304.00 (excl. HST).
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
TS-2015-29 — Subdivision Agreements — Update to Parking and Traffic By-law 89-
2000.
The report recommends that the regulatory sings outlined in this report be approved for
the third phase of the Warren Woods Subdivision and the second phase (second sage)
of the Chippawa West Subdivision.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
* * * * *
3
Council Minutes
November 10, 2015
MAYOR'S REPORTS, ANNOUNCEMENTS
Acting Mayor Vince Kerrio advised that Mayor Diodati, CAO Ken Todd, and
Serge Felicetti, Director of Business Development are currently in China to announce a
major investment with the Chinese Government in the Thundering Waters
Development. They will also be accompanied by Premier Kathleen Wynne who will also
be in China exploring Economic Development opportunities.
Acting Mayor Kerrio offered condolences to the family of Beatrice Punch, a
retired city crossing guard; and to Councillor Carolynn loannoni on the passing of her
sister Colleen D'Amelio.
Acting Mayor Vince Kerrio advised of recent events: Grand openings: Moose and
Pepper Bistro on Queen Street; Color by Kellie Barber Shop on Queen Street; LaFarina
Bakery on Lundy's Lane; Arts & Culture Wall of Fame Induction Ceremony; Niagara
Falls Lions Legacy Pathway ribbon cutting.
Acting Mayor Vince Kerrio advised of upcoming events: Remembrance Day
event Gale Centre arena beginning at 10:45; Angel's Everywhere event November 12th
at Christ Church; Santa Claus Parade November 14th at 11:00; Knight's of Columbus
"Past Grand Knight" Symposium Event; Matthew Daniele Fundraiser November 14th;
Grand Openings: Bella's Café and Bake Shop November 17th; Edward Jones
Investments November 17th at 6:00 pm; Optimist Youth Appreciation Night November
17th; Winter Festival of Lights Opening Ceremonies November 21st at Queen Victoria
Park and City of Niagara Falls Volunteer Recognition Evening November 23rd at Club
Italia.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Ontario Lung Association — requesting the month of November be proclaimed
as "Lung Month".
RECOMMENDATION: For the Approval of Council.
2. FX Work Inc. — requesting approval of the annual New Year's Eve fireworks
display at the Skylon.
RECOMMENDATION: For the Approval of Council, subject to the required
insurance.
3. Brian Kon — requesting approval for the Metis Flag to be flown during the week
of November 16t in celebration of Louis Riel Day.
RECOMMENDATION: For the Approval of Council.
4. Ombudsman Ontario — result of a Closed Meeting investigation.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor
that the requests be approved as recommended and Communication #4 be received
and filed.
Carried Unanimously
4
Council Minutes
November 10, 2015
* * * * *
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the by-laws be given a first reading.
Motion Carried
with Councillor Pietrangelo opposed to 2015-134
2015-133 A by-law to designate Lots 49 and 50, and Block 81, Registered Plan
59M-401, not to be subject to part-lot control (PLC-2015-002).
2015-134 A by-law to amend the zoning by-laws of the City of Niagara Falls to
address a new use, being the use "Medical Marijuana Facility" as defined
herein (AM-2015-010).
2015-135 A by-law to establish Reserve Block 28 on Registered Plan 59M-345 as a
public highway, to be known as and to form part of Beaverton Boulevard.
2015-136 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited, Designated Lanes)
2015-137 A by-law imposing special annual drainage rates upon land in respect of
which money is borrowed under the Tile Drainage Act.
2015-138 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 10th day of November, 2015.
ORDERED on the motion of Councillor Strange, seconded by Councillor
Thomson that the by-laws be given a second and third reading.
Carried Unanimously
with Councillor Pietrangelo opposed to 2015-134
* * * * *
ORDERED on the motion of Councillor Morocco, seconded by Councillor
loannoni that the meeting be adjourned at 8:05 p.m.
Carried Unanimously
* * * * *
NEW BUSINESS
Veteran's Parking
ORDERED on the motion of Councillor Campbell, seconded by Councillor
Strange that staff investigate the Hamilton program for free parking for veterans, without
designated license plates.
Carried Unanimously
Budget Matters
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Strange that the audited statements for the fee for service and grant groups be provided
to Council and that staff report on the Convention Centre reserve fund.
Motion Carried
With Councillor Thomson opposed.
5
Council Minutes
November 10, 2015
Sewage System
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that staff do a presentation on the City's sewage system.
Carried Unanimously
* * * * *
TyktA,
44/
DEAN IORFIDA ITY LERKVINCE KE' -10, ACTING MAYOR
6