11/22/2016 FIFTEENTH MEETING
REGULAR COUNCIL MEETING
November 22, 2016
Council met on Tuesday, November 22, 2016 at 4:30 p.m. in a Closed Meeting
related to the items noted in the resolution below. All members of Council except
Councillor Strange were present.
NO. 32 - MOROCCO — CRAITOR -THEREFORE BE IT RESOLVED that on November
22, 2016 at 4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their
regularly scheduled meeting at 5:00 p.m. to consider a matter that falls under s.
239(2)(c), a proposed acquisition of land pertaining to property at 4343 Morrison Street.
Carried Unanimously
Following consideration of the item presented, the In Camera Session did not
rise and report in open session.
Council met on Tuesday, November 22, 2016 at 5:05 p.m. for the purpose of
considering Regular Business matters. All members of Council except Councillor
Strange were present.
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Julianna Collevecchio sang the National Anthem.
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Thomson that the minutes of the October 25, 2016 meeting be approved.
Carried Unanimously
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DISCLOSURE OF PECUNIARY INTERESTS
Councillor Morocco indicated a pecuniary interest to cheque number 698972,
made payable to her spouse.
Councillor Pietrangelo indicated a pecuniary interest to a wire transfer made to
the Niagara Catholic District School Board, his employer.
Councillor Craitor indicated a direct pecuniary interest to cheque number 398692
made payable to himself.
Mayor Diodati indicated a direct pecuniary interest to cheque number 399113,
made payable to himself
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Council Minutes
November 22, 2016
REPORTS
MW-2016-46 Lundy's Lane Streetscape Masterplan
The report recommends the following:
1 . That the Lundy's Lane Streetscape Master Plan developed by O'Connor Mokrycke
Consultants be accepted.
2. That the funding for the Phase 1 improvements be referred to the 2017 Capital
budget deliberations for consideration.
Marianne Mokrycke, Consultant, outlined the Lundy's Lane Streetscape
Masterplan.
David Jovanovic, Administrator for the Lundy's Lane BIA outlined the financial
commitment that the BIA was prepared to fund up to 10% of the project cost with a total
cap of $400,000. Any grants received for the project will offset their contributions.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the Lundy's Lane Streetscape Master Plan developed by O'Connor
Mokrycke Consultants be accepted; and
That the funding for the Phase 1 improvements be approved in the 2017 Capital budget;
and
That the funding contribution proposed by the Lundy's Lane BIA be accepted.
Carried Unanimously
2017/2018 Winter Maintenance Presentation
The Operations Superintendent, made a presentation to Council outlining the
winter maintenance program for the upcoming season.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor
Pietrangelo that the presentation be received for information.
Carried Unanimously
PRESENTATIONS/ DEPUTATIONS 6:00 P.M.
Adam Vitaterna Fund
Andrew & Marilena Vitaterna were recognized for their fundraising efforts in
memory of their son, over the last ten years and presented with an Award on behalf of
City Council.
Governor General's Sovereign Award of Volunteerism
Lauren Kessler, local resident, was recognized for receiving the Governor
General's Sovereign Award of Volunteerism and presented with an award.
Community Support Services of Niagara
Carrie-Lynne Sones, Coordinator of Volunteers and Services outlined her
organization, which assists seniors and those with disabilities, to Council.
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November 22, 2016
Councillor loannoni exited Chambers.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio
that the presentation be received for information.
Carried Unanimously
Councillor loannoni returned to Chambers
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati announced the following: Canada 150; New Illumination of the Falls
December 1st at 6:00 p.m.; Inter municipal Transit Update November 30th 7:00-9:00,
MacBain Centre in rooms D&E; Niagara Falls Community Outreach Fundraising
Calender.
Mayor Diodati advised of prominent events that have taken place: Niagara Falls
International; Marathon; Arts & Culture Wall of Fame Induction; City of Niagara Falls
Volunteer Recognition Event; Remembrance Day Ceremony; John McCall MacBain
Recognition event; Santa Claus Parade and Opening Ceremonies to the Winter Festival
of Lights.
Mayor Diodati offered condolences to families; Angelo DiCienzo, Transit Driver; Robert
Lewis, retired Director of Finance; Ralph Monteleone, father of Sam Monteleone from
Forestry Dept; James Thomson, father in law of Matt Spencer, retired City employee;
Myrtle, mother of Fay Starostic, retired City employee; Toninia Audibert, mother of
firefighter Fred Audibert; Saverio Sirianni retired City employee; Ralph Zimmerman,
father of Lydia Water of Business Development; Paula Vaccaro, niece of Carmen
Mignelli of the Building Department; Antonietta Thorne, sister of Lydia Picca of the
Clerks Department; Earl Sutton a retired firefighter and Shawn Cryderman, cousin of
Councillor Morocco.
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PLANNING MATTERS 6:30 P.M.
Public Meeting:
PBD-2016-58 - AM-2016-015, Official Plan and Zoning By-law Amendment Application,
7000 Montrose Road, Applicant: Look Revolution Inc. Agent: Ken Dakin, RPP,
Proposal: Proposed Retirement Home
Background
Request for an Official Plan and Zoning By-law amendment to permit a 6 storey, 150
unit retirement home.
Lands are designated Major Commercial.
Official Plan permits excess commercial lands can be developed for medium and high
density residential use, to a maximum density of 100 u/ha.
Applicant is requesting a Special Policy Area be applied to permit up to 167 u/ha.
Lands are zoned Site Specific General Commercial.
Rezoning requested to add site specific regulations to permit retirement home with
specific lot area; rear yard depth; interior side yard width; building height; landscaped
open space and loading area requirements.
Planning Analysis
Provincial Policy Statement & Regional Policy Plan
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November 22, 2016
Provincial Policies require 40% of all residential development to occur through
intensification within the City's built-up area.
Proposed retirement home would assist the City in meeting its intensification targets
and would provide additional housing choices for seniors.
Official Plan
Proposed development complies with the Official Plan as follows:
Higher density can be supported as it is typical of contemporary retirement homes given
small room sizes; built-form is similar to 100 unit apartment building.
Applicant has demonstrated that existing industrial development on Kinsman Court will
not impact the proposed retirement home.
Noise from QEW and Montrose Rd can be mitigated by building design.
Development is located on Montrose Rd. an arterial road and a transit route. Existing
and planned infrastructure can accommodate the proposed development.
Proposal in keeping with City's design guidelines: the required parking is in the interior
and rear yard; rear yard setback equal to building height.
Project design will engage Montrose Rd with a pedestrian connection and a landscaped
yard.
Zoning By-law
New site specific General Commercial zoning is requested to be applied to lands to add
a retirement home to list of permitted uses.
Proposed amendment can be supported as follows:
Southerly 6 m. side yard setback is sufficient as it abuts the skate park and Community
Centre.
Proposed 7.5 front yard setback is consistent with requirement for future residential
development on west side of Montrose Rd.
Requested Zoning Amendments can be supported
• Building height of 25 m. is in line with the apartment building approved on the
west side of Montrose Rd.
• Proposed building steps down a storey towards the industrial area to the east.
• Rear yard setback of 24 m. is twice the typical rear yard setback requirement for
an apartment building and provides sufficient setback from industrial uses
existing in east side of Kinsmen Court.
• Proposed lot coverage is in keeping with City standards.
• Reduction in loading area can be supported as retirement homes and apartment
buildings do not require two loading areas.
A Holding provision to be attached to require a Record of Site Condition before a
development takes place.
The holding symbol will remain until financial contributions towards the QEW/McLeod
Rd interchange improvements are made.
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November 22, 2016
Conclusion
Amendments can be supported for the following reasons:
• Retirement home will help intensification targets.
• Excess commercial lands to be considered for housing.
• Montrose Rd is an arterial road where an apartment building at 100 un/ha would
be anticipated. A six storey retirement home with a density of 167 un/ha would
be similar building form and scale, given the smaller unit sizes.
• Applicant demonstrated compatibility with industrial uses to the east.
• Existing and planned infrastructure can support the development.
• Retirement home will not generate a significant amount of traffic.
• Proposal meets the City's design guidelines of Official Plan.
• Requested zoning regulations are appropriate
• Amending by-law should include a Holding (H) provision until a Record of Site
Condition and financial contributions to the QEW/McLeod Rd interchange
improvements have been made.
Recommendation
That Council approve Official Plan and Zoning By-law amendment application to add a
Special Policy Area designation to the lands and to rezone them a site specific General
Commercial (GC) zone to permit a 6 storey retirement home with 150 units, subject to a
holding (H) provision prohibiting the development until a Record of Site Condition is filed
with the Ministry of Environment and the City has been notified that any necessary
financial contributions to the QEW/McLeod Road interchange improvements have been
made.
Ken Dakin, agent for the applicant was in agreement with the staff report and
recommendations. He indicated that noise and air studies were completed and that
noise from the highway was more noticeable than from any nearby industrial use.
Nonetheless, warning clauses would be on title.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor
that the report be approved as recommended.
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-2016-33 — Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$39,309,540.57 for the period October 8, 2016 to November 4, 2016.
F-2016-43 — Major Receivables Monthly
The report recommends that Council receive the Monthly Tax Receivables report for
information purposes.
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F-2016-44 — Treasurer's Write Off
The report recommends that the property tax accounts listed in Table I be written off
and expensed in 2016
FS-2016-06 — Fire Department— Emergency Purchase of Fire Pumper
The report recommends the following:
1. That the Fire Chief, in conjunction with Supply & Services, be authorized to
negotiate the purchase of a demo fire pumper, up to a maximum of $500,000
plus applicable taxes; and
2. That the funding for the purchase be allocated from a pre-approval of 2017
Capital Budget.
MW-2016-47 — Assumption of Various Subdivisions
The report recommends that City Council formally assume Deerfield Estates (Phases
2-7), Deerfield Estates (Phases 8) and Marinelli Estates Subdivisions.
MW-2016-49 — Mewburn Road Bridge Revised Cost Sharing Proposal
The report recommends the following:
1. That Council accept the new funding commitment from CN Railway Company to
reconstruct the Mewburn Road Bridge; and
2. That staff be directed to confirm previous funding commitments from the Town of
Niagara-on-the-Lake and the Niagara Region; and further,
3. That staff be directed to proceed with the engineering design and cost estimates
to construct a new structure as identified through the Class EA process
completed June 2010
TS-2016-10 — Municipal Lot Rationalization
The report recommends that the Mayor and Clerk be authorized to execute necessary
agreement for the transfer of the lands known as Municipal Parking Lot # 11 to the
Library Board.
TS-2016-36 — Mundare Cres. & Lamont Avenue Parking Control Review
The report recommends:
1. That a "no parking" restriction is established at all times on the east side of
Lamont Avenue between Mundare Crescent (North) and Mundare Crescent
(South); and,
2. That a "no parking" restriction is established at all times on the west side of
Mundare Crescent between Lamont Avenue (North) and Lamont Avenue
(South).
TS-2016-39 — Ernest Crescent & Pauline Drive Parking Review
The report recommends the following:
1. That the "no parking" zone on the south and east sides of Pauline Drive be relocated
to the north and west sides of Pauline Drive; and,
2. That the "no parking" zone on the west side of Ernest Crescent be relocated to the
east side of Ernest Crescent.
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November 22, 2016
TS-2016-42 — Transit Capital Projects — Public Transit Infrastructure Fund (PTIF)
The report recommends the following:
1. Approve the PTIF application and pre-approve 2017/2018 Transit Capital
projects set out in this report, totaling $6,844,886 related to the Federal Public
Transit Infrastructure Fund (PTIF) for which 50% funding would apply.
2. Utilize the various funding sources as outlined in this report to provide the City's
share of the funding required through PTIF.
3. The Mayor and Clerk be authorized to execute the required agreements.
TS-2016-43 — Bus Terminal Lease Agreements
The report recommends the following:
1. That the current lease with Coach Canada for the sale of out of town bus tickets
within the Bus Terminal be extended for an additional two (2) years.
2. The Mayor and Clerk be authorized to execute the required agreements.
ORDERED on the motion of Councillor Thomson, seconded by Councilor Morocco
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
CD-2016-02 — 2017 Council Schedule
The report recommends that Council approve the proposed 2017 schedule.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell
that the report be approved as recommended.
Motion Carried
With Councillors Craitor, loannoni and Pietrangelo opposed.
CD-2016-03 Integrity Commissioner
The report recommends that in anticipation of legislative changes, staff be directed to
prepare a Code of Conduct for Council members and report back on the hiring of an
Integrity Commissioner.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor
that the report be approved as recommended.
Carried Unanimously
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Memo from Clerk — memo recommending appointing Rick Volpini to represent the
municipality at Court of Revision drainage hearings.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the communication be approved as recommended.
Carried Unanimously
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November 22, 2016
2. FX WORX INC. — requesting approval for annual, New Year's Eve fireworks display
at the Skylon tower.
RECOMMENDATION: For the Approval of Council, subject to the appropriate
insurance requirements.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the request be approved as recommended.
Carried Unanimously
3. Niagara Falls Community Health Care Centre — requesting support of their Dental
Health Care resolution.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell
that the resolution be approved.
Carried Unanimously
4. Ontario Ombudsman — decision on their investigation of the February 10, 2015,
Niagara Falls City Council closed meeting.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco to
receive and file the communication.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that
the resolution proposed by Councillor loannoni be deferred until the next regular
meeting of Council.
Carried Unanimously
5. Victoria Centre B.I.A. — correspondence regarding Commercial Parking Lots.
RECOMMENDATION: Refer to Staff.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the communication be referred to staff.
Carried Unanimously
6. Downtown BIA — Filling of vacancies on the BIA Board.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the communication be approved.
Carried Unanimously
RESOLUTIONS
NO. 33 - THOMSON — MOROCCO -THEREFORE BE IT RESOLVED that Niagara Falls
City Council considers the 2017 Niagara lcewine Festival as an event of municipal
significance and supports the provision of a Special Occasion Liquor Licence (SOP) for
the event.
Carried Unanimously
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November 22, 2016
NO. 34 - PIETRANGELO — THOMSON -THEREFORE BE IT RESOLVED THAT in light
of the on-going review of the Municipal Act, the Ministry of Municipal Affairs be petitioned
to allow one of the permissive grounds, for the closed meeting exceptions, to be the
protection of the municipality's competitive interest or sensitive business information.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the by-laws be given a first reading.
Carried Unanimously
2016-119 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Prohibited Turns, Heavy Vehicle Restriction)
2016-120 A by-law to provide for the exemption from taxation for municipal and
school purposes, together with the cancellation of taxes owing for
municipal and school purposes, with respect to the lands owned by the
Boys and Girls Club of Niagara, municipally known as 8800 McLeod
Road, Niagara Falls.
2016-121 A by-law to authorize the execution of a Licence Renewal Agreement —
(Recreational) with Her Majesty the Queen in Right of Ontario as
represented by The Minister of Infrastructure regarding certain lands
located in the City of Niagara Falls, described as Part of Lots 60,112 &
113 Plan 109, Lots 6, 7, & 8 Plan 194, in the Township of Stamford, for
public recreational purposes.
2016-122 A by-law to authorize the execution of an Agreement of Purchase and
Sale with Her Majesty the Queen in Right of Ontario as represented by
The Minister of Infrastructure as Vendor and The Corporation of the City of
Niagara Falls as Purchaser, for the purchase of certain lands located in
the City of Niagara Falls, described as Part of Township Lots 185 and 199,
Stamford Township, being Parts 1, 2, 3, 4, 5, 6 and 7 on Reference Plan
59R-15168, City of Niagara Falls.
2016-123 A by-law to amend By-law No. 2002-081, being a by-law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2016-124 A by -law to authorize the execution of an Agreement with Trentway
Wagar Inc. respecting a lease at 4555 Erie Avenue.
2016-125 A by-law to authorize the payment of $39,309,540.57 for General
Purposes.
2016-126 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 22nd day of November, 2016.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the by-laws be given a second and third reading.
Carried Unanimously
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November 22, 2016
NEW BUSINESS
SCVFA
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the Corporation provide the SCVFA with an appropriate lawn mower.
Carried Unanimously
South Doq Park
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that staff report back on the status of the south end dog park.
Carried Unanimously
Waste Water Treatment Plant
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Kerrio that a link be placed on the City's website of the Information session November
30th, 2016.
Carried Unanimously
By-law Services
ORDERED on the motion of Councillor Craitor, seconded by Councillor Campbell
that staff report back on By-law infractions and staffing levels.
Carried Unanimously
Drones
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Morocco that staff report back on the legalities surrounding drones.
Carried Unanimously
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OREDERED on the motion of Councillor Campbell, seconded by Councillor
Kerrio that the meeting be adjourned at 8:15 p.m.
Carried Unanimously
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911)11/4A&-" Cr
DEAN IORFI A, C TY CLERK JAMES DIODATI, MAYOR
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