2012/11/13FIFTEENTH MEETING
REGULAR COUNCIL MEETING
November 13, 2012
Council met on Tuesday, November 13, 2012 at 4:30 p.m. for an In Camera
session. A Committee of the Whole meeting followed the In Camera session. All
members of Council, except Councillors loannoni and Wing, were present.
NO. 33 - KERRIO, MOROCCO THEREFORE BE IT RESOLVED THAT on November 13,
2012 Niagara Falls Council will go into a closed meeting to consider matters that fall under
the subject matter of 239(2)(d) labour relations.
Following consideration of the items presented, the In Camera Session did not rise and
report in open session.
Council met for the purpose of considering Budget Matters in Council Chambers at
5:30 p.m. followed by the Regular Business matters at 7:00 p.m. Councillor Gates offered
the Opening Prayer. All members of Council, except Councillors loannoni and Wing, were
present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the minutes be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
No Disclosures
Councillor Pietrangelo chaired the Budget meeting, 5:30 p.m.
BUDGET
CAO- 2012 -01 - 2011 -2014 Strategic Priories - Midterm Progress Report
The report recommends that the attached 2011 -2014 Strategic Priorities - Midterm
Progress report be approved.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that
the report be approved as recommended.
Carried Unanimously
The Director of Finance gave an overview of the 2013 Operating Budget.
The Director of Finance, the City Solicitor and City Clerk provided an overview of
their respective budgets.
Mayor Diodati returned to the Chair.
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November 13, 2012
PRESENTATIONS/ DEPUTATIONS
Niagara Falls Falcons
Mayor Diodati presented plaques to the Niagara Falls Falcons Major Mosquito
Baseball Team, who were recognized for winning the Provincial championships for the third
year in a row.
Team Members:
Willy Jackman, Dennis Lescombe, Leif Burciul, Mason McRae, Owen Diodati, Kyle
Fortuna, Noah Fortuna, Andy Bert, James Egan, Lucas Lafortune and Andrew Waters.
Mike McRae - Head Coach, Ryan Diodati - Assistant Coach and Mark Fortuna - Manager.
Remembrance Day Commemoration
Mayor Diodati recognized local high school students for providing murals as artistic
backdrops for the Central Vets Remembrance Day ceremonies.
A.N.Myer Secondary School: Karen Black, Teacher, Amanda Fragnito, Sue Ann Cole and
Alex Shafley, Stamford Collegiate: Amy Ballett, Teacher, Katie Jolley and Melanie
Crichton, Westland Secondary School: Monica Hepburn, Teacher and Jessica Lammert,
St. Michael Catholic High School: Sarah Yablo, Teacher, Nicole Panday and Jessica
Esteva, St. Paul Catholic High School: Mark Griffis, Teacher, Raiza Mativo and Molly
Hockton.
Queen's Diamond Jubilee Medals
The Mayor and Michael L. Blais, CD, Founder /President, Canadian Veterans
Advocacy presented Queen's Diamond Jubilee medals for Military and Veterans - related
recipients, Tom Metcalf and Hubert Lalonde.
PLANNING MATTERS
PD- 2012 -62 - Official Plan Amendment No. 106, Proposed Urban Area Boundary
Expansion, Northwest Community Landowners Group
The Director of Planning reviewed the recommendations and provided the following
information.
Background
On October 19, 2010, Council passed the following motion:
► "That staff be directed to initiate an urban boundary expansion on behalf of the
City to include the Mont Rose lands."
On March 27, 2012, Council recommended that the Niagara Region include the subject
lands within the Region's Gateway Amendment, given their location, QEW access and
visibility.
Subject lands are two 'pods' of land of approximately 12 ha (30 ac) located on west
side of Kalar Rd south of Mountain Rd.
Currently designated Good General Agriculture in the OP and have been actively
farmed for field crops in the past, but appear to be fallow this year.
The purpose of the amendment is to expand the urban boundary to include the two
pods of land to provide additional housing units for the long term planning period to
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November 13, 2012
2031.
On October 23, 2012 Council approved an application by NCLG lands to expand the
Urban Boundary to Kalar Rd. and Mountain Rd.
The proposed development of 250 housing units will be part of proposed OPA 106.
The secondary plan will include residential, employment, commercial, parkland and
open space uses.
PROVINCIAL GROWTH PLAN
The Growth Plan provides for expansions of urban boundaries in accordance with a
Municipal Comprehensive Review (MCR) that has demonstrated the following:
► There are no opportunities to accommodate this growth within the local and
regional market through intensification or within existing greenfields;
► The expansion will not provide for an urban land supply of greater than 20 years;
► The expansion will not jeopardize the achievement of intensification targets;
► Existing or planned infrastructure needed to service the proposed expansion can
be provided in a financially and environmentally sustainable manner; and
► There are no reasonable alternatives that avoid prime agricultural lands.
The City's MCR was completed in 2007.
Need
The 2007 MCR determined that the City would have sufficient land supply until the year
2022.
A planning staff report presented a revised 20 year forecast for population and housing
growth to 2031.
The modeling suggests that a shortfall of land will occur prior to 2031 for singles /semis.
In addition to urban residential land supply, urbanMetrics identified the QEW /Mountain
Rd interchange for future employment lands.
The Province recognizes the QEW corridor from Niagara Falls to Fort Erie as the
Gateway Economic Zone.
The proposed urban expansion as part of the Gateway North Secondary Plan (OPA
106) will allow for this gateway development to occur.
Gateway North Secondary Plan
In order to ensure the residential land use is developed and integrated into the overall
development of the northwest area, the subject lands are proposed to be part of the
Gateway North Secondary Plan Area. This will be accomplished through Official Plan
policies that will require the following:
► Preparation of a vision as a complete community;
► Lands form part of the Economic Gateway;.
► A comprehensive land use strategy; and
► A servicing and transportation strategy be undertaken.
Conclusion
This is a City- initiated amendment to expand the urban boundary to include two `pods' of
land, about 12 ha. (30 ac) represents part of Council's long term strategy for the future
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development of the northwest part of the City.
The two pods of land are to accommodate approximately 250 housing units which is less
than a one -year supply of housing
Recommendation
November 13, 2012
That Council approve the expansion of the urban area boundary to include two areas
on the west side of Kalar Rd., south of Mountain Rd. for the purpose of accommodating
250 housing units.
Michael Bissett, Planning Consultant for Hospitality Resorts Inc., explained his
client's proposal as it related to the Official Plan amendment. He outlined the proposed
two pods of development.
Jean Grandoni, Garner Road, indicated that once agricultural lands are converted,
they cannot be replaced. She questioned the mapping, costs of servicing, capacity at the
pumping station and the financial viability of another golf course and winery in the Niagara
Region.
Dr. John Bacher, St. Catharines, was of the opinion that accessory housing for
wineries is a dangerous precedent because if the winery is unsuccessful the developer will
likely want to intensify residential development. He indicated that the development would
cut off the wildlife corridor in the area. Dr. Bacher questioned whether there would be an
encroachment of the forest. He also felt that the 2008 Growth Plan negated this kind of
development.
Andy Burke, 7401 Scholfield Road, raised the concerns about urbanization of the
area and loss of farmland.
John Anstruther, 8114 Alpine Drive, questioned the loss of farmland and the
proximity to the landfill.
Don Wilson, 6361 Fallsview Blvd, DTZ Barnike, broker on the development, pointed
out that the proposed residential development is a small, 6% portion of the overall
development. 150 acres will be a winery. The area has potential to be a major gateway
into the community and will create jobs and investment. He felt that the low yield of
modern day farming operations makes the possibility of agricultural uses highly unlikely.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the recommendation report be approved.
Councillor Wing
Councillor Thomson
Councillor loannoni
Councillor Pietrangelo
Mayor Diodati
Absent
AYE
Absent
AYE
AYE
Councillor Kerrio
Councillor Gates
Councillor Morocco
Councillor Mayes
REPORTS
AYE
NAYE
AYE
AYE
Motion Carried
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that F- 2012 -51 be moved up on the agenda.
Carried Unanimously
F- 2012 -51 - Development Charges Waiver for Heartland Forest
The report recommends that Council deny the grant request.
5 - Council Minutes
November 13, 2012
ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo
that a grant be provided equal to the Development Charges for Heartland Forest.
Carried Unanimously
ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that
report R &C- 2012 -24 be moved forward.
Carried Unanimously
R &C- 2012 -24 - Review of 2012 Slo -Pitch Tournament Weekends. The report
recommends the following:
1. That Council endorse the Chippawa Willoughby Memorial Arena and Patrick
Cummings Memorial Sport Complex be designated the permanent headquarters for
Slo -Pitch National and Provincial Championship weekends to take place throughout
August and September.
2. That no exemption be granted to any organization to allow the sale of plastic
beverage bottles at City facilities and /or events.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the report be approved as recommended.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that report R &C- 2012 -21 be moved forward on the agenda.
Carried Unanimously
R &C- 2012 -21 - Tree Request.
The report recommends that Council identify the red oak tree, located at 6181
Corwin Avenue, Niagara Falls, as a Significant Community Tree worthy of designation
under the Regional Municipality of Niagara's Tree and Forest Conservation By -law (30-
2008, as amended).
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the report be approved as recommended.
Carried Unanimously
Todd McDonald, Performance Concepts Consulting, provided Council with a
presentation on new business rules for the Building Department.
-AND-
Fresh Start: Performance Improvement Re; Building Services Development
Approvals Process.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Maves
that Council endorse the rules and direct staff to implement them.
Motion Carried
with Councillor Thomson opposed
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November 13, 2012
3. CD- 2012 -10 - 2013 Council Schedule
The report recommends that Council approve the proposed 2013 Council Schedule;
and that the former Committee of the Whole be eliminated with Council meetings to begin
at 5:00 p.m. subject to Cogeco approval.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the report be approved as recommended.
Motion Defeated
with Councillors Pietrangelo, Gates, Morocco and Mayor Diodati opposed.
ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo
that the report be approved; with an amendment to add two additional meetings, June 25,
2013 and September 21, 2012.
Motion Carried
with Councillor Kerrio, Thomson and Maves opposed
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to the family of Dorothy Van Slyke, a retired
Chief Librarian at the Niagara Falls Public Library, who passed away recently, to Brenda
Flores, a city employee, on the passing of her father, to Buck Rogers, a city employee on
the loss of his brother and grandmother, and to John McPherson, a city employee on the
passing of his wife Lorna.
Mayor Diodati advised of recent events: Sleep Cheap, the Business Development
Newsletter and the Niagara Falls watermark on the new passports.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Correctional Service Canada - requesting November 18th - 25th be proclaimed as
"Restorative Justice Week ".
RECOMMENDATION: For the approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the request be approved.
Carried Unanimously
2. Nick Roma Foundation - requesting a waiver for two hours of ice time.
RECOMMENDATION: For the consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the request be approved.
Carried Unanimously
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Council Minutes
November 13, 2012
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.
MW- 2012 -56 - Kinsmen Court Business Area Sign Land Acquisition from Niagara
Region. The report recommends the following:
1. That the lands described as Parts 1, 2, 3, and 4 on Plan 59R -14770 be purchased
from the Niagara Region for nominal consideration, including transfer expenses.
2. That the subject lands be dedicated as Public Highway known as Kinsmen Court.
3. That the Mayor and City Clerk be authorized to sign and execute the necessary
documents to effect this transfer of land.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Gates
that the report be approved with an amendment that staff come back with a report on how
the sign will be administered.
Carried Unanimously
MW- 2012 -58- Fireman's Park - Fee For Service and lease Agreement with Stamford
Centre Volunteer Fireman's Association. The report recommends that the Mayor and
Clerk be authorized to execute an Agreement with the Stamford Centre Volunteer
Firemen's Association (SCVFA) for the various services provided to the community on
private lands known as Firemen's Park.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the report be approved.
Carried Unanimously
BDD- 2012 -10 - Tourism Partnership of Niagara (TPN) Regional Tourism Organization
(RTO) Grant ET Canada New Year's Eve Niagara Falls Show. The report recommends
that Council authorize the Mayor and Clerk to sign the TPN RTO Agreement.
F- 2012 -48 - Monthly Tax Receivables Report. The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
F- 2012 -49 - Tax Sale Extension Agreement. The report recommends that the City of
Niagara Falls enter into an Extension agreement with 1077500 Ontario Inc. (Tonn Hui Yi)
for the outstanding taxes owing 5951 Clark Avenue.
L- 2012 -21 - Permits Authorizing Temporary Use of City Lands. The report recommends
that the City enact a by -law authorizing the Director of Recreation & Culture and the
Director of Municipal Works, or their delegates, to issue Permits authorizing the temporary
use of City lands, in the forms attached to this Report as Schedules "A" and "B ".
MW- 2012 -55 - Assumption of Various Subdivisions. The report recommends that the
City formally assume the Subdivisions listed in this report.
PD- 2012 -61 - Information Report Ontario Wetland Evaluation System. The report
recommends that this report be sent to the Minister of Natural Resources as a formal
request for MNR staff to undertake field evaluations of all wetlands within the urban
boundary and those wetlands along both sides of the QEW, south of Lyon's Creek Road.
R &C- 2012 -25 - Sports Wall of Fame 2012 Inductees. The report recommends that
Council approve the following 2012 Sports Wall of Fame Inductees:
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the reports on the consent agenda be approved as recommended.
Carried Unanimously
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November 13, 2012
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the by -laws be given a first reading.
Motion Carried
with Councillors Morocco, Pietrangelo and Thomson opposed to 2012 -121
2012 -110
2012 -111
2012 -112
2012 -113
2012 -114
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Zeijko Ristic, respecting the purchase of lands in the City of Niagara
Falls, in the Regional Municipality of Niagara.
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Darko Buric and Elvira Buric, respecting the purchase of lands in the
City of Niagara Falls, in the Regional Municipality of Niagara.
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Vincent DiLibero and Carmela DiLibero, respecting the purchase of
lands in the City of Niagara Falls, in the Regional Municipality of Niagara.
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Darryl Lee and Tammy Hutcheon, respecting the purchase of lands in
the City of Niagara Falls, in the Regional Municipality of Niagara."
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Basil Sowinski and Dorothy Sowinski, respecting the purchase of lands
in the City of Niagara Falls, in the Regional Municipality of Niagara."
2012 -115 A by -law to authorize the execution of an Agreement of Purchase and Sale
with Leonard Mather and Gwendolyne Mather, respecting the purchase of
lands in the City of Niagara Falls, in the Regional Municipality of Niagara."
2012 -116
2012 -117
2012 -118
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Thomas Gordon Johnson, respecting the purchase of lands in the City
of Niagara Falls, in the Regional Municipality of Niagara."
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Todd Overall and Debbie Overall, respecting the purchase of lands in
the City of Niagara Falls, in the Regional Municipality of Niagara.
A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Stopping Prohibited, Through Highways, Stop
Signs at Intersections)
2012 -119 A by -law to amend By -law No. 79 -200, to permit two apartment dwellings on
the Lands. (AM- 2012 -007)
2012 -120 A by -law to provide for the adoption of Amendment No. 106 to the City of
Niagara Falls Official Plan. (OPA No. 106)
2012 -121 A by -law to amend By -law No. 79 -200, to permit a three unit on street
townhouse dwelling on the Lands. (AM- 2012 -011)
2012 -122 A by -law to authorize the execution of an Extension Agreement with 1077500
Ontario Inc. (Tonn Hui Yi) respecting a tax obligation.
2012 -123 A by -law to authorize the execution of lease agreement with the Stamford
Centre Volunteer Firemen's Association (SCVFA) respecting leased portions
of land within Firemen's Park for the purpose of a dog park and a youth
complex.
2012 -124
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Ellen Ruth Moody, respecting the purchase of lands in the City of
Niagara Falls, in the Regional Municipality of Niagara.
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November 13, 2012
2012 -125 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 13th day of November, 2012.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by -laws be given a second and third reading.
Motion Carried
with Councillors Morocco, Pietrangelo and Thomson opposed to 2012 -121
NEW BUSINESS
Budget
ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that
staff come back with a report on the possibility of a committee to deal with grants and fees
for service. Motion Carried
with Councillors Gates and Pietrangelo opposed.
Ont. Reg. 322/12
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff report back on the possibility of implementing in our municipality the recently
passed Ont. Reg. 322/12, which allows municipalities to use a local improvement charge
(LIC) to help property owners finance changes to their homes that are aimed at reducing
energy or water consumption.
Carried Unanimously
Gale Centre
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that staff report back on the recent issues at the arena.
Carried Unanimously
ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that
the meeting be adjourned at 10:55 p.m.
Carried Unanimously
DEAN IORFI 'A, CI Y CLERK
JAMES M. DIODATI!MAYOR