04/26/2016 •
ADDITIONS TO COUNCIL, TUESDAY, APRIL 26, 2016
Reports
1. TS-2016-20 - WEGO Purple Line Review
a) Copy of presentation
b) Email from Mark Beckham
Communications
1. Request to fly the IceDogs flag at City Hall until the end of the playoffs.
RECOMMENDATION: For the Approval of Council
2. Redboss Pyrotechnicians - Request for fireworks for the Great Wold Lodge this year.
RECOMMENDATION: For the Approval of Council, subject to insurance requirements
Public Meetings
1. PBD-2016-19 - Sign By-law Amendment, 9267 Thorold Stone Road
( Circle K Convenience & Gas)
a) Anthony Martuccio
2. PBD-2016-22, Thundering Waters Secondary Plan
a) Correspondence from Marianna Varpalotai-McMaster
b) Correspondence from Janet Krowchuk
b) Copy of presentation from applicant
By-laws
1. Letter from Sullivan Mahoney re: amendments to By-law 72-211 ( the Open Air
Burning By-law)
04/26/2016
WEGO Purple Line Review
Transportation Services Department—Transit Services
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Existing Purple Line Route
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.., • Duplicates Green Line
-1,-, 1 . Low Ridership
r'' .• Annual Cost$220 000
,, • Dependence on
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Revenue to offset Cost
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Union Alternative Route ,
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PURPLE LINE C73 a' ^- ` Uses City Roads to
ALTERNATIVE
`. � Table Rock as opposed
hoR�orRoad^ Duplicates Route 104
^ Annual Cost$24Q.0O0
~ Dependence on
9_ Capital Reserves for
. Operations
- ^ No WEGO Pass
`m, Revenue to offset Cos
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Green Line
Re-Alignment
Akri:C40 t ~ Eliminate Purple
RE-ALIGNED 0) N
^ Provide uninterrupted link
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hor@AIGO Train station
& Downtown to Tourist
ConeundN-O-T'L
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peak season
^ (ear round service
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04/26/2016
Recommendations
• Eliminate Purple Line for 2016
• Re-align the Green Line to Service the VIA/GO Train
Downtown Hub
• Prior to the end of the Year, Report back to Council
with Recommendations moving forward
7774,
A GREAT CITY...FOR GENERATIONS TO COME \
3
Dean Iorfida
From: Mark Beckham <
Sent: Tuesday, April 26, 2016 3:41 PM
To: Dean Iorfida
Subject: Re: Request to speak.
Dear Mr Iorfida
Thanks for your email Dean.
Yes I am a Niagara Falls Transit operator. But I also voted for the mayor and some of the councillors.
I wanted to exercise my right to speak. I understand there have been confrontations on the council floor and
understand that the city council meetings are not the forum for this.
Tonight I merely wanted to voice my concerns over the proposal to eliminate the purple line. This will lead to a
very poor service for locals and tourists alike as the green line and 104 will not be able to cope with loadings at
times and the 104 will be running late. Meaning that locals will miss their connections.
I was planning to speak in a calm concise manner and only for a few minutes. I would only deal with the poor
service this proposal will deliver and not get involved in any previous matters.
I am very disappointed as a city employee, resident and voter in Niagara Falls that I am not allowed to do this.
I would like you to please reconsider my request.
Yours sincerely.
Mark Beckham.
Sent from my iPhone
On 26 Apr 2016, at 15:16, Dean Iorfida <diortida(un_iagarafalls.ca> wrote:
Mr. Beckham:
Thank you for the email.
It has subsequently come to my attention that you are an operator with Niagara Transit. Yesterday, I
received a similar request from Margaret Gilbert, President, ATU to speak. I provided her with the email
below. Similarly, I am going to have to deny your request to speak:
Hi Margaret:
My apologies for the delay.
As you know at the March 22nd meeting there was concern expressed whether the Council forum was
the appropriate venue for the type of discussions that were taking place in relation to the WEGO reports.
At their last meeting on April 12th, Council passed the following motion:
1
That Council supports that future discussions with all bargaining units happen in accordance with the
terms of their respective collective agreements.
As a result of the above motion, it would be inappropriate for another deputation to occur.
Thanks
Dean
Dean lorfida, City Clerk
City of Niagara Falls
905-356-7521, Ext. 4271
905-356-9083 (Fax)
I have also attached an email from the CAO outlining why it is inappropriate for such deputations to be
entertained in the Council forum.
Original Message
From: Mark Beckham [mailto:markybecks@hotmail.co.uk]
Sent: Tuesday, April 26, 2016 2:51 PM
To: Dean lorfida
Subject: Request to speak.
Dear Sir,
Here is my original email to yourself.
This time I have sent it direct via the link on the city website.
Regards,
Mark Beckham.
To Mr Dean lorfida, Clerk, City of Niagara Falls.
Dear Sir,
I would like to speak at the next City Council meeting on April 26th 2016.
In reference to TS-2016-20 WEGO Purple Line Review.
My Details should you need to contact me are:
Mark Beckham.
Niagara Falls,
Telephone: 91
Cell phone:
I understand the meeting starts at 5pm.
Would you be able to let me know where TS-2016-20 will be discussed on the agenda.
Many Thanks,
Mark Beckham.
2
Dean Iorfida
From: Jim Diodati
Sent: Monday, April 25, 2016 7:44 PM
To: Dean Iorfida; Ken Todd
Cc: Carey Campbell; Teresa Fabbro
Subject: Fwd: Falls, IceDog Flag at City Hall?
Dean,
Please include this as an add-on for tomorrow's Council mtg.
Thanks,
Jim
Sent from my Samsung Galaxy smartphone.
Original message
From: Bill Burke <b.burke@niagaraicedogs.net>
Date: 2016-04-25 4:40 PM (GMT-05:00)
To: Jim Diodati <jdiodati@niagarafalls.ca>
Subject: RE: Falls, IceDog Flag at City Hall?
Hi Jim,
Great talking to you and thanks for all the support!
Would it be possible to fly our IceDogs flag at the Niagara falls City Hall until the end of playoff run?
We of course hope it ends with the Memorial Cup coming to Niagara the end of May!
Thanks Jim and we'll talk soon,
Bill.
Bill Burke
Owner/ Governor
Niagara IceDogs -2012 OHL Eastern Conference Champions
Tel. 905-687-DOG1 (3641) ext. 228
Fax 905-682-9129
www.niagaraicedogs.net
411
2
Dean Iorfida
From: Karen Biancaniello <karenb@redboss.ca>
Sent: Saturday, April 23, 2016 2:20 PM
To: Dean Iorfida
Subject: RE: Request to use Glenview Park
Attachments: GWL app 2016.pdf
Hello Dean,
Here are the dates for Great Wolf Lodge this season.
May 22"d,July 1st,July 31St, September 4th, November 26th and December 31, 2016.
I have attached the application cover page for reverence as well.
Regards,
Karen
If you require any further information, please do not hesitate to contact me.
Respectfully Yours,
Karen Biancaniello
{
REDBOSS
PYROTECHNICIANS INC.
www.redboss.ca_
P.O. Box 120
Fenwick, ON LOS 1C0
Ph. 905 892 1806
Mobile 905 685 2292
Fax 905 892 2461
email karenb(&redboss.ca
This information is directed in confidence solely to the person named above and may not otherwise be distributed,copied or disclosed.Therefore,
this information should be considered strictly confidential. If you have received this email in error,please notify the sender immediately via a return
email for further direction.Thank you for your assistance.
From: Dean Iorfida [mailto:diorfida@niagarafalls.ca]
Sent: April-22-16 8:54 AM
To: 'Karen Biancaniello'
Subject: RE: Request to use Glenview Park
-.:1r?r-8:
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City of Niagara Falls
ATTN:Alex Herlovitch, MCIP, RPP
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
April 25, 2016
Re: 8267 Thorold Stone Road (Assessment Roll No.: 2725-100-003-07900)
Sign By-law Amendment Application -City File:SBA-2016-001
Applicant: Permit World Inc.
Opposition to the proposed Sign By-law Amendment
Dear Mr. Herlovitch
I am one of the residents that was opposed to the original zoning amendment where the City endorsed
the construction of a gas station in a neighbourhood commercial zone. A decision that I still strongly
disagree with because of the fact that the development was built in an area that is primarily residential
and it neighbours an elementary school.
Most recently I was disappointed to see that the City is now bending another one of its rules to endorse
the construction of a pylon sign in an area where it would not normally allow such a sign to be erected. I
can only assume that this rule was originally put in place because the City is aware of the nuisance that
such a sign causes to the surrounding residential neighbours. These signs are generally very large,tall,
bright, aesthetically unpleasing and they do not blend in with the neighbourhood. These types of signs
are generally restricted to commercial/industrial zones where they do not look out of place and where
the light from such a sign does not become a nuisance to the local residents.
I would like to request that the City reconsider supporting the construction of a pylon sign in this
neighbourhood. These types of signs are generally backlit and the light pollution that they cause is a
nuisance to the neighbouring residents and further degrades the residential appeal of the
neighbourhood. I believe that the residents of this neighbourhood have already made very large
concessions with having to deal with the negative effects of this development. The developer should
have to make some concessions as well. (Please note that the neighbourhood commercial plaza kiddie
corner to this development does not have a pylon sign) The residents of this neighbourhood will already
have to deal with the following:
1) Fumes from gas station.
2) A commercial development that will be open 24 hrs in a residential area.
3) Transient traffic that decreases the neighbourhoods' overall security and safety.
4) Light pollution from the gas bar canopy and building signs.
5) Noise from the added traffic.
6) Increased conflict between the traffic and the young students of the school.
7) Decreased safety for our children.
8) etc.
CL........_ 1Vt; i
APP ;i
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1
If the residents' oppositions are ignored again, I would request that the following conditions be
considered:
1) That the pylon sign be included as part of the light trespass study for the site and that the tight
trespass be limited to zero light trespass.
2) That the height and size of the sign be greatly reduced from the already reduced sizes proposed
in the amendment.
3) That the developer be asked to use a sign that is not backlight, such as a down lit sign, where the
light is directed towards the ground and the sign. This will allow for better control of the light
and result in less light pollution.
4) That consideration be given to more aesthetically pleasing sign that will better compliment the
residential neighbourhood.
5) That the lights to the sign and the site be shut off no later than 10 pm.
6) That no other signs, such as temporary trailer signs, be permitted to be used or placed on the
site at any time.
I would also like to request that the decision on the amendment to the sign by-law for this site be
deferred or delayed until such time that all stakeholders that registered in opposition to this
development and all affected residents are provided with the public notice and given the opportunity to
provide comment or feedback. I was disappointed to find out that I was again not given the public
notice, especially since I was registered as an official opponent to the original development. The only
reason I found out about the proposed amendment was because I drop my kids off at the school on a
daily basis. When I called the City to complain I was told that I do not live within 120 m of the site. The
City should really consider doing allot more to ensure that all of the residents that are directly affected
from such decisions are provided that the opportunity to be informed and are included in the process. I
would also like to point out that the public notice for this proposed sign by-law amendment was not
posted on the public notice section of the City website and when I challenged the City staff member
about this they were unaware of the omission. It almost seems as if the City was trying to ensure that
this public notice was kept out of the public eye to avoid any opposition. I would hope that this is not
the case and that the appropriate opportunity is provided to all those affected.
I will not be at the public meeting for this issue due to other family commitments but I hope that this
official opposition is given the appropriate consideration that it deserves and not just ignored as a
nuisance complaint.
Thank You for your consideration,
Anthony Martuccio
Opposed Resident
./ Aro JIa1:.^IrCj
'77nea
Gwen Donofrio
From: Marianna Varpalotai
Sent: Monday, April 25, 2016 10:31 AM
To: Gwen Donofrio
Subject: Thundering Waters Secondary Plan response
Dear Mr. Alex Herlovitch,
Please accept this email as a letter in response to the Thundering Water Secondary Plan.
To Niagara Falls City Council and those involved with the Thundering Water wetlands relocation
pilot project,
I will begin that it is an insult to the intelligence of the citizens of Niagara to think that those
involved in the idea of moving the wetlands can pull the wool over our eyes and make us
agree to moving the wetlands; is an okay plan. I have seen many comments and remarks by
other residents of Niagara so I will not reiterate but will state in one sentence; the possibility
that wetlands can be moved is ludicrous and I am representing all the people in my circle of
life who are all, also opposed to the idea of council approving this.
It is completely disappointing beyond words that NPCA would even think that it is okay. All
the present standing members of NPCA should be immediately replaced. We,the residents
of Niagara Region placed our trust in the present members to be stewards of the lands of
Niagara but they have proved themselves the opposite. They have no intentions but
rather are influenced by who knows what to agree to such a proposal as "moving the wetlands"!
We the residents of Niagara lost a significant woodlot and wetland in 2007 and now
the developers from another country want to destroy another one.
My demand from council is to actually complete the previous wetland project before they
start another one. I was a member opposing the development of Fernwood subdivision, urging
council to save that woodlot/wetland. The OMB hearings revealed that the OMB was very disappointed
in Niagara Falls Council for not purchasing the woodlot/wetland area before the sale. The OMB declared it
an EPA designated area of what was saved. How many times does council have to be told the same
information.
It costs the local tax payers every time you ignore the consultants.
There are outstanding issues from Fernwood; in that the EPA designated lands were to be protected.
The city's Park and Recreation department were to put up a chain link fence to prevent encroachment
and residents from moving small sheds etc. onto the drip line. The drip line is clearly marked on
the OMB map.
I would like a response at this time to when this fence will be completed as the OMB hearing that
declared this action was March 2007. Please do your due diligence in completing one project
before you even consider another project. We are losing our green space in Niagara at an
alarming rate.
Sincerely,
Marianna Varpalotai-McMaster
Beaverdams Road
Niagara Falls,
2
Dean Iorfida
From: Carey Campbell
Sent: Tuesday, April 26, 2016 4:00 PM
To: Ken Todd; Dean Iorfida; Alex Herlovitch
Subject: FW:Wetlands
From: Janet Krowchuk
Sent: Tuesday, April 26, 2016 s:uu vri
To: Jim Diodati; CouncilMembers
Subject: Wetlands
Mayor Jim Diodati and the City of Niagara Falls City Council,
I am writing regarding the current discussion to destroy a wetland for a residential area, and my
concerns about the negative impact this would have on our environment and wildlife.
The City needs to have their own consultant review this site and give their opinion. If we allow these
developers to do their own study, I feel it will be biased. I see them rushing this through, hoping no
one will notice.
In my opinion , you can't rebuild a wetland, without permanent negative affects on wildlife. The
actual wetland may be regenerated, but the wildlife is gone forever.
I sat on the Park and the City Committee several years ago, along with the current Mayor. We
objected to trees being cut down, so I can't believe we are actually considering this destruction of
wetlands.
Please consider hiring our own consultant on this matter and don't let them rush the process. I
appreciate you taking the time and consideration.
Sincerely,
Janet Krowchuk
1
04/26/2016
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area of 100 square kilometres
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master planned, mixed-use communities in other cities in China
including Tsingtao, Dalian & Shenzhen;
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We look forward to your input &
comments
67= i1,40
17
J 4719
1 2
SULLIVAN MAHONEY,«
LA E S
April 25,2016
J'_Patrick Maloney
Christopher Dilb
Tel 905-688-6655
17aoc 905-688-5814
Mayor Jim Diodati and Members of City Council
40
c/o Niagara Falls City Hall L /6
4310 Queen Street 4
Niagara Falls,ON Rff'[\f ri
12E 6X5
Nj] APR 2 5 2016 LT
Dear Mayor Diodati and Members of City Council
1111AYuo •
, u�
Re: Open Air Burning By-law -
Proposed By-law to Amend By-law No.72-211 �! ,l
We are writing to you in respect of the by-law respecting fires on behalf of the Niagara Falls Clean Air
Association. We understand that Council will consider whether to amend its Open Air Burning By-
law by adding a section to the by-law respecting public nuisances_
As Council is aware, there are many residents within the municipality that suffer from various medical
issues which are worsened by the presence of smoke and other toxins created by fires. By allowing
recreational burning, Council is pitting the safety and health of some of its residents against the leisure
activities of other residents.
While certainly contentious, City Council has heard specific complaints regarding the impact open air
fires have on the health of several members of the community. In our submission, the current
amendment being considered by Council does not go far enough and it would appear that the by-law
would only operate on a complaints driven basis, forcing one neighbour to complain about another_
Council may be aware that those individuals who have spoken out against recreational burning have
already suffered judgment by their peers.
It is our view that individuals with disabilities should not be required to complain in order to safeguard
their humanrights. hey-should-be entitled to such at all times, --
By
By forcing such individuals to complain about the conduct of their neighbours, after a fire has already
likely impacted their health, it is very probable that those individuals will become isolated from the
40 Queen Slreel,P.O.Box 1380,St.Catharines,Ontario LTR 922 Telephoner 905.988.9855,Faceirnile;905,909.5014
4791 Ramos Road,Niagara Patls,Ontario L2E 1381 Telephone:905.357 0500,Facsimile:905.357.0501
www sJllivanmahoney.com
v F Muratori, 3.0 P.B.Bedard T.A Richardson,C S. P o-n.Sheehan W.B.McKaig J.Della',C.S. 0.A.Gorlin
J M.Go[tti,C S. R.B.Culliton J.R Bush P A Mahoney B.A.Macdonald M.J.Bonomi 3.W McCann
S.J Remi C.D`.Angela R.bacca T Wall B.J.Troup D.M,Cuntine62a 0 Al Willer
L.K Parsons I.P_Maloney M 0 Atherton M N!.'!enoosween L i.Sgamhelluri D A.Maloney P A-Bush
C L Dills
Counsel!Commercial Loa%t.lvi D.Kriluck
4o , 2 . 205 47PV i, 4'1 '3 , •
2
communities in which they live_ We respectfiilly submit that such a situation is not desirable in a
municipality. Council should foster inclusiveness amongst its residents.
While we applaud City Staff and Council's efforts to strengthen the open air burning by-law, we ask
that Council vote to reject the proposed amendment,and proceed to adopt the revised by-law presented
at Council's March 22,2016 meeting.
We respectfully submit that in comparing what is most important, Council has a duty to protect the
safety and health of its residents over and above any duty to allow for recreational fires.
We would point out a number of legal risks that Council should consider prior to disposing of the
matter. If Council should decide to vote in favour of the proposed amendment, it should be aware of
the possible legal repercussions of such a decision_
Breach of the Canadian Charter of Rights and Freedoms
Council will understand that it has a duty to pass laws in accordance with the Constitution. Among
other things,the Charter of Rights and Freedoms protects Canadians' rights to life,Iiberty and security
of the person as well as provides that government shall pass laws which are not discriminatory.
If Council allows for recreational fires to occur, it will be seriously infringing the rights of some of its
most vulnerable residents. In some cases, these residents cannot exit their houses as a result of smoke
from recreational burning. The rights of those residents are severely restricted by a by-law which
allows for recreational burning, and those rights are restricted only because those residents have a
disability.
We respectfully suggest that it is unfair to those residents with medical issues that they should not be
permitted to leave their homes in the name of allowing for recreational burning.
Discrimination
We would also suggest to Council that its actions may be discriminatory against people with
disabilities. Council is aware that this issue is not limited to a single resident, but rather a group of
individuals who have joined together to make Council aware of how the by-law will negatively impact
their lives.
Council should act to ensure that it treats its residents fairly_ While we agree that the majority of
residents may not have any medical issue preventing them from functioning in the presence of smoke
and other toxins, we must point out that for those residents with medical issues,the presence of smoke
---and-toxins-can-be ver-y-serious,-even-deadly-
Council should carefully consider whether it wishes to allow for such a scenario to exist within its
municipal boundaries_
?; ' '6 1 , 47;M Na 4719 P 4
3
We thank Council for the opportunity to review our submissions_ To reiterate, we request that the
current amendment be rejected, and that the by-law considered on March 22, 2016 be brought back
and passed into law.
Yours very truly,
SULLIVAN MAHONEY LLP
Per:
J. P ck Maloney
i' Christopher L.Dilts