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(all applauding) - Okay, ladies and gentlemen, welcome to the meeting. I'm just going to go through some procedures. First up, we're looking for an adoption of the minutes from our April 24th meeting, moved by Councilor Craitor, seconded by Councilor Thomson. All those in favor? And that's approved, thank you. Now looking for a disclosure of pecuniary interest. Do we have any disclosures of anyone on Council? Okay, seeing none. And now, quickly run through the most exciting part of the meeting, the mayor's remarks. There's only just a couple. First off, obituaries. Lehocki, sister of John, I'm sorry, Marilyn Lehocki, sister of John Lehocky of our transportation department passed away and we pass along our condolences to them and their family. I'd like to thank Councilor Campbell for representing the city of the Niagara Falls Annual Art Competition, and Councilor Strange for representing the city of the International Right of Way Association Chapter 29 Ontario Spring Education Forum. Now since we had, in Niagara Falls, we hosted the OSUM Conference, which is the Ontario Small Urban Municipalities, which was held in Niagara Falls. In addition to OSUM, Niagara Falls has now hosted AMO, the Association of Municipalities of Ontario, and FCM, the Federation of Canadian Municipalities. So we've hosted all of the major Canadian municipal events coast to coast. And typically when they have their events in Niagara Falls, it's the highest attendance that they ever experience when it's in the Falls, it's a natural destination. I was joined at the National Day of Mourning here at city hall, and joined by Councilor Craitor. I was joined by Councilor Morocco and Craitor at the first annual Revel Charity Ball for Project SHARE, and joined by Councilor Strange and Councilor Craitor took part in McHappy Day. Arbor Day, we planted 40 trees, they're all sponsored in one of our parks. The donations were made from Rotary Club Sunrise and NPEI and Landcare Niagara. This was at the Fernwood Subdivision Park along the rail lands. School groups in Weslayan and St. Mary's helped us plant the trees, and that was along the Fernwood Trail. Congratulations to our dedicated members of the park and the city committee. This year alone, they've sold and planted nearly 1,000 trees in our community. And thank you to the community volunteers, April was Volunteer Month in Ontario. Organizations around our community are recognized for their dedicated volunteers. Some of the amazing groups that run our volunteer power include the Coronation Center, the Winter Festival of Lights, and the Canada Day and Santa Claus Parades, and many more. Our next Council meeting will be Tuesday, June the 19th. So now we're moving along to our reports section of the agenda. Item 6.1, our director of finance is going to provide a PowerPoint presentation outlining the OLG Gaming Corporation contribution. Just before you start, Todd, and I was going to mention this, ladies and gentlemen and members of Council, I know we're all aware that Todd has, is going to be moving on to the region. He's accepted a job as a commissioner at the region. He's been here for 15 years, he's held the number of titles, including his most recent, director of finance. He's done a terrific job. I know he's referring closely with our budget chair, Councilor Pietrangelo, and have had many meetings, a lot of discussions and has been very supportive in helping the city be in a very solid fiscal situation. Our debt has dropped by $14 million in the last term, we had a rate of tax increase lower than inflation, that's always been thereabouts. Water bill, they held the line, did not go up, whereas most communities did go up, and yet, we've had record amounts of infrastructure in the city. We're building more roads, rebuilding more roads, sewer, sidewalks than ever, and it's been a tricky job of trying to balance everything and you've done a terrific job, Todd. I know on behalf of the city, we recognize the great job that you've done here. We're definitely going to miss you, I know we'll still get to work with you at the region, but I just wanted to acknowledge his service to the municipality and to let you know that you'll definitely be missed, and tonight will be his last meeting. So we'd like to say thank you for all that you've done for us. (all applauding) (man speaking quietly) (James laughing) Yeah, you can make the motion. - Before I start, thank you very much, Mr. Mayor. I've enjoyed all the time I've been here, it's just under 16 years, and certainly have been a lot, have been a lot of fun. I've got great people that work in my department throughout the years, and have had terrific staff, and of course all those nice things that have happened in the city are not just, are certainly not because of me, that's for sure. And I appreciate and I've enjoyed working with all the Council, you as the mayor, and the previous mayors and previous Councils, and particularly, I liked working with our senior staff as well. So enough of that, we'll get onto my favorite report which is the the reconciliation of the OLG Contribution Agreement. There's a report there that we have. This presentation is just a culmination of the report, and so maybe we'll go to the next there, and as you know, we had established these priorities when we first received the initial increase in the OLG funding, so the capital asset reinvestment. Obviously, we have multiple millions of dollars that we need to reinvest in the infrastructure. Tax levy reduction, we balanced reducing the property taxes as well. The Regional Policing Casino Unit, this is a hand over from the previous, from OLG when they funded the Policing Casino Unit and it's been funded every year. Economic development initiatives, a number of different initiatives and we'll get into, funding the new hospital reserve, and then obviously trying to provide financial stability. So those have been the established priorities. This year, I'm glad to say that we've received $26.3 million which is a little bit higher than 24.7 last year. This is the breakdown of how the money had been spent. We had initially allocated in the December 12th meeting when we passed the capital budget of $12.9 million. And you can see at the bottom, there's a less reallocation of $984,000. What that was is when we were doing our year-end reporting for some of the infrastructure funding programs, particularly the Federal Gas Tax and the Ontario partnership with the OCIF funding, we were able to reallocate money that we previously had earmarked coming from the OLG fund from the other sources of revenue. So we were able to reallocate another $984,000 which ended being more money that we can allocate tonight. So additional capital projects approved by Council during the term, after the capital budget was approved, $192,000. The historical property tax subsidy of just under $6 million and that's something that Council doesn't let the public know enough because we get a lot of comments that we should be doing more in that regards, but that has been pretty steady since we received the funding. The Niagara Regional Police takes $4.2 million. The hospital reserve this year is $527,000. The Lundy's Lane CIP was an additional amount that was reallocated from the operating budget to fund the CIP programs. Winter Festival of Lights had request an additional $400,000 for light enhancement, and Niagara Falls tourism as well, $300,000. And 2017-2018, the Niagara District Airport Capital funding. I should note that next year, when whoever's here does this summary, both the Winter Festival of Lights and the Economic Development for Niagara Falls Tourism won't be part of this as well because of the pending accommodation tax that we've, the Council approved at the last meeting. So that leaves available for tonight for $2.548 million. And so we looked at our what we love to call Tab 10 which is always the interesting portion of the capital budget. And basically it's all the leftover priority one projects that we weren't able to finance. And this time around, we were able to do a couple of little extra items because of the reallocation of the gas tax in particular. So here's the projects, and I have to point out to Council in the report, it shows a summary and it talks about the priority setting that was done by our senior staff. All senior staff were asked to prioritize their projects in the capital budget Tab 10, and this is, then we had to make the decision as to which projects we're going to go forward with. In Mr. Holman's division, we ask for capital projects that were below a million dollars and above a million dollars because as a major rehabilitation project, it usually doesn't just cost a couple hundred thousand dollars, it's usually well over a million dollars. So we tried, as we tried to do it this time is to sprinkle it around within the departments and get major projects done. So we'll go through the list. Land acquisition at Ker Park, it was an opportunity to purchase a portion of the building or portion of the land that was presently leased, but that came available. And this is a good acquisition for the city that allows us to maintain sports fields and park land and various other things that doesn't allow for development on the property. Stage one of the basketball/tennis courts improvements, this wasn't in Tab 10, this was actually in priority two, but at the time that the capital budget was prepared, we weren't ready to go forward with this. As you know, this was a major initiative of this Council to go out, seek comments of the public, and so it was felt at this stage, we could start on this program and we would be able to do two locations and put in basketball and tennis courts. Recreation and culture, this is a refresh with the Y. We're doing some partnership that has been a long-held partnership with the YMCA and we're allocating $250,000 to a refresh at the MacBain Centre to continue the growth that we'd like to see there. The fire, this is a replacement pumper that needs, there's one of the pumpers at one of the volunteer stations that needs to be replaced, that we'll buy a new pumper and relocate one of the three pumpers that are in an active area down to the volunteer station. This is required as part of our asset management plan. Culp Street roads, this was subject to a public meeting just recently, and what we're doing is we had three major construction projects that were on Tab 10 that were over a million dollars, and Mr. Holman's staff evaluated that this was the one that was the most suited to go forward with. And once again, the projects all have to be shovel-ready to go forward, so my understanding is that, approval tonight of the funding, Mr. Holman's staff will have a tender out within the next week or so to get started on that. Transportation, there's traffic calming. There's two reports that are going to be coming subsequently, one for the Mewburn Road and one for, there's another report there, Mount Carmel, and these were the Mewburn Road, it requires extra money, there was three traffic calming projects there were identified in capital budget, there was $8,000 that was additional, and then the Mount Carmel was a study that came forward and for safety reasons, staff are recommending to go forward with it. There's an upgrade to the fire systems information system, just a small amount that allows them to be more mobile. The next one is municipal roads sidewalk replacement in the tourist corridor. The total project is worth $615,000. We're funding some of that from the gas tax, but also out of the OLG, $157,000. This is for safety reasons in the tourist corridor, there's a number of sidewalks that need to be replaced. As you know, we have millions of people that come to the city on an ongoing basis, and we need to ensure that our sidewalks are up to safety standards, and this is an infusion that we can get going with. This is a report, the Dorchester Road report. As you know, we had already approved for asphalt overlay a significant amount of money. This was identified as additional money that came forward after the approval of the 2018 capital budget, and so this project has been funded as well from gas tax. Another opportunity is continue our improvement with our audio equipment and the information systems area. In the transportation systems, we are looking at replacing three engines in our buses. This is to continue with the full lifecycle of the buses and this is a necessary annual program. And then also in the transportation area, the tourist corridor of traffic management strategy, as you know, we have a significant number of tourists that come in the area, as I just mentioned. We also are having the entertainment facility that's being built down there and we need to have a plan on how to get people in and out of there as effectively as we can, so these are the items. So you can see that the OLG funding makes up $2.5 million. The total of $6 million is in your report, it's gas tax, and then the public purpose land reserve as well, and one special-purpose reserve. So this is an opportunity to amend the capital budget for these projects. These are the priority ones that went forward and we'll move forward with these, subject to approval tonight. - Okay, Councilor Craitor? - Thank you, your worship. Just a couple more questions. Can you put up the screen they had? Okay. First question is to do with the parks, the basketballs and tennis courts improvement. I heard there were two that we're going to go ahead with. Can you tell me which two? - Yep. It was Miller and Ontario. You sure? - Yeah. - The one that we're after that opening, Councilor, you remember off of McLeod Road? - The one where everybody yelled at you? - That was the one. That was the one, yeah. Which one was that? So, exactly, yeah, yeah. So those are the two parks. - Okay, thanks. And the other question was, the other question is not really a question, I wanted to say thank you. That is under the municipal works roads Culp Street. I had brought in a petition on behalf of the residents in Culp and their school at Princess Margaret asking if we could take another look at their funding 'cause it had not been approved, and I just want to say thank you. I had the opportunity, I wanted to share this, I had the opportunity to attend the public meeting that was put on by municipal works, and it was put on by the project manager who was there, Miss or Mrs. Zhang, and I want to recognize her. The residents were thoroughly impressed with her professionalism, she was very down to earth when she spoke with them, and I heard nothing but compliments, so I just wanted to say thank you for bringing that forward. The last thing is Dorchester Road which is in really difficult straits. What does this mean when we're going to do the work that you're proposing on Dorchester Road? We're not digging it all up, we're not fixing it, we're just going to do the top of it, that's all we can afford to do, is that what we're doing? - [James] Mr. Holman? - Once again, there is a report here on the agenda, but the intention here is to mill down the top surface and repave the entire, took longer section from Mcleod Road to Lundy's Lane with the idea that it would provide a good travel surface for about eight to 10 years. That'll allow us to establish a new storm outlet and construct storm sewers to help separate the sewers in that area, but we can't do that work fast enough, and we're working with OPG as part of their tunnel maintenance or the canal maintenance project, so this will buy us some time until we can get in there and do a proper full reconstruction. - And since you're already up, and we've had this question many times but maybe it's a good time for me to ask it, what happens with Drummond Road? How far would it be, we'd be able to do something like that for Drummond Road? And I brought up number of times by the railway tracks, I know you've done some work there, which the road is in really bad shape in that road. It's 10 years down, as I saw-- - Mr. Mayor, Drummond Road is in this year's capital program, so we're going to be doing that section from Five Corners down to Cherrywood as part of our infrastructure replacement and road reconstruction project. - Okay, that's positive. - Those are the two that were identified on the CA list. - Thank you. - That'll get us off the CA list for this year. Councilor Pietrangelo? - Yeah, thanks, your worship, and I know you already mentioned in your mayor's remarks a goodbye to Mr. Harrison, and I think I'd be remiss if I didn't say a couple words as well. For the last eight years, being chair of finance, I had the opportunity of working with Todd and getting a chance to meet with him either on a weekly or a bi-weekly basis, and I have to say, I mean, it's fun actually to sit with someone who loves numbers as much as I do, but aside from that, he has an incredible base of knowledge, he's very realistic in his approach and probably the one characteristic that I love so much about him is just his candor, he's never shy to tell you when you're wrong, and I think that's a good quality to have as long as you come across with in a professional manner, and he certainly does, your worship. So I think in this situation, our loss is going to be the reason to gain, but he's headed there to be the chief financial officer of the region, so well done, Mr. Harrison, we wish you all the best, and I hope that our paths cross once again. Your worship, I just wanted to talk about the additional capital projects, and I wanted to kind of say a few words that I said before this meeting when we're on camera and that is just a thank you to staff and also to Council for supporting the acquisition of Ker Park. I had learned through a committee of adjustments that part of the land that we use for Ker Park was actually up for sale, and I don't think anyone from the city actually knew that. So luckily, the committee made a good decision to defer the actual application, and that gave us an opportunity to get a seat at the table and acquire the land. And in doing so, I mean, obviously, we saved the two soccer fields that we're leasing the land from currently, but as well, it's going to allow us to make improvements to the Ker Park area, we're going to be able to offer more parking divisions, so the whole park itself is going to be more functional and I'm sure there's going to be a lot of residents that are going to be happy that they're not going to have a development going right in behind their homes. So I just wanted to say thank you to Council and to staff as well, thanks. - Thank you, and you too, Councilor, as well, for bringing that forward as a priority because we saved a good portion of the park, and I know the residents are happy as well 'cause they would like to see that part preserved at Ker, so that's great news. - Okay, and I would just like to add to, again, thank you very much, Councilor Pietrangelo, but I appreciate the nice words. And you aren't wrong that often. (all laughing) Just to touch on Councilor Craitor's point, I think it's important to understand that there is a backlog of infrastructure programs in the city, and while I know that, my parting piece of advice to Council is I know that the residents all want to get in your grill and get their roads done already, but I think it's really important that we evaluate and we continue to look for better information so we can make those decisions where we spend the money that maximizes the benefit. And while in this particular case, the one we put the challenge out to the staff to prioritize their Tab 10 projects, Mr. Holman's staff did come back to Culp Street ahead of just ahead of the other two larger projects. So it is important, I think that we do put some sort of methodology to it, and that's something that I know Councilor Pietrangelo and I have talked about and that I have hoped to have ready for you is to kind of give some guidance, and I will try to leave guidance on how you prioritize capital projects going forward, but Mr. Todd will be able to do that for you in my absence, I'm sure. Anyways, moving to the next chart. This is, again, this is the pie chart that really shows, this is something we should put on all the TV screens in all the city buildings because this is the most, actually, I just noticed a typo, so I am wrong as well, that's the 2017-2018 numbers, not the 2016-17, so that's a typo, but the chart really shows that we were able to significantly emphasize our capital infrastructure, when $14 million or 54% is going to capital-related projects. And that's really, really important 'cause I know when we did the public input sessions in the various city buildings, when we were putting together the 2018 budget, this was the first and foremost question that everybody asked. And so anyways, it's a balanced approach that I think the Council has done a good job over the last term of Council since we've been receiving those funds. Next. So just to summarize, it went from $26.3 million to 24 and a half million dollars, the majority of the extra went into funding infrastructure projects which again accelerates our capital program. Funding was allocated in similar fashion in prior years, and able to this year add a little bit just because we were able to catch up on some of the reporting on the gas tax and we're able to allocate that to the capital projects. So, staff is recommending the list of projects that we put forward, and I take any questions or comments at this time. Thank you. - Okay, thank you very much, Mr. Todd. And I don't know who, I'm used to see you here on the weekends, usually Saturday, Sunday, everyday, holidays. I always wondered if he actually lived here, he reminded me of Costanza a little bit, he was here all the time, on Seinfeld. So we've got a report, and I understand, Councilor Pietrangelo, you had an amendment regarding the YMCA and the track that you wanted to add to this? - Yeah, your worship, I understand that there is a line item on there that deals with the YMCA and how was it worded? Was it a refresh, is that what it was? Yes, a refresh with the YMCA. And I just wanted to mention, I know that I mentioned it as well when we spoke about this at the in camera meeting that I've heard from a number of people who enjoy using the walking track that's at the arena, and I've been asked a number of times as to why they can't use the walking track at the YMCA? Obviously, you have to be a member at the YMCA, but I'm hoping that staff through our motion can work with the YMCA to see that maybe a few hours are opened up during the colder months, maybe four months out of the year at the YMCA so that the public can enjoy a warm indoor walking track both on this end of town and on the south end of town. So I would actually add that as an amendment to the motion. - Do you want to make the motion as well to approve? - I sure will. - Okay. So motion by Councilor Pietrangelo to approve the OLG expenditure with the amendment of the track at the YMCA, Councilor Kerrio seconding it. If there's no further discussion or debate, we'll call the vote. All those in favor? Okay, and that's approved unanimously, thank you for that. Yes, Councilor Kerrio? - Just to add my comments about Mr. Harrison, I often tease Mr. Harrison about he doesn't have the most exciting thing to talk about, but I tell you, I've worked with financial people from many different corporations in and around the area, different groups, different boards, there's no one that I've ever worked with that has a better grasp of the numbers on things he has to look after, Mr. Harrison. I'm very much appreciative of the work of Mr. Harrison. Thank you and you as well, Mr. Pieterangelo, for his input. He's been a great gentleman to work with. - Great, thank you for that. A real love-in tonight for Mr. Harrison, huh? So moving to item 6.2, road resurfacing and rehabilitation program. This is proposed construction update regarding Dorchester Road. And I think, Mr. Holman, you've made reference to it already. Is there anything you wanted to add to that? - Mr. Mayor, the topic is just basically to go for a different solution. We originally planned about $500,000 to do some more patching, but we recognized the patching is not going to be what we need. - Okay, so that's moved by Council Pietrangelo, seconded by Councilor Thomson. All those in favor? Okay, and that's approved, thank you. 6.3, TS-2018-10 Mewburn Road speed control. - [Man] Speed control, your worship, both on Mewburn and Mount Carmel Boulevard. - Okay, so that's 6.3 and 6.4, speed controls. both on Mewburn Road and Mount Carmel Boulevard. That's moved by Councilor Pietrangelo and seconded by Councilor Craitor. Is there any debate or questions on that? Call the vote, all those in favor? Okay, thank you. 6.5, OLG funding report capital projects. There's three recommendations there. - [Man] Yeah, I would move for recommendation, your worship. - Okay, so it's moved by Councilor Pietrangelo, seconded by Councilor Campbell, the three recommendations being that the 2018 capital budget to include the additional projects that were just discussed. Council amend the capital budget to approve the additional projects from the Federal Gas Tax Reserve, and the Public Purpose Land Reserve, and Council approved the transfer of funds to the Future Hospital Reserve fund as well. Do you want to speak to that, Councilor? - Yeah I do, your worship. The only thing that I want to speak to is on page four, it gives a list of all the charts, and I'm not going to get on Mr. Harrison 'cause I know it's his last meeting, but chart number seven is not there. Chart number seven was the interesting one that I was hoping to see, and that would be the draft policies that Council could adopt to where we believe the money should be going that we get from the OLG. I know we've spoken about it at length, I know that we've set priorities, but I'm really looking for us to actually set numbers to it so that once again, you have pockets of money that go into the different silos and then you can allocate the money accordingly. I honestly believe as well that we're not putting enough money away for the hospital. I think that the hospital is going to creep up on us faster than we know. We've already purchased the land. We need to pay, I think it's $11 million for that. And then once the hospital actually gets approved, I'm sure the province will be coming back with the municipality, and asking us for anywhere from 25 to $30 million. So I really think that we need to be putting more money away for that, and I really don't want to see it end up as a line item on people's tax bills, I'd rather that we use the money that we get from OLG so that our taxpayers don't have to pay for it big time next year. So I'm looking forward to the draft policy coming back and I would imagine that that would be someone other than Mr. Harrison next year. - Okay, thank you for that. Is there any other discussion or debate? We'll call the vote, all those in favor? Okay, that's unanimous, thank you. Next item is F-2018-15, year end performance development charges. It's a recommendation that Council receive and file the attached financial summaries regarding development charges for 2016 fiscal year. Moved by Councilor Pietrangelo, seconded by Councilor Strange. If there's no discussion or debate to this, we'll call the vote, all those in favor? And that's approved, thank you. Item 6.7, property tax rates. There's a recommendation that Council approve the 2018 property tax rates. Moved by Councilor Thomson, seconded by Councilor Campbell. Is there any discussion or debate? Okay, then all those in favor? That's approved, thank you. 6.8, final tax notice due dates. There's a recommendation here that the final due dates for residential pipeline farmland and managed forest assessments be June 29th and September the 28th. Moved by Councilor Morocco, seconded by Councilor Craitor. All those in favor? That's approved, thank you. Insurance renewal, 2018-21 that Council approve the 2018-19 comprehensive insurance program with Frank Cowan. Moved by Councilor Thomson, seconded by, I'm sorry, I didn't hear? By Councilor Kerrio. All those in favor? Okay, thank you. Item 6.10, election sign by-law. There's a recommendation Council received this report for information and pass the related by-law respecting the elections sign by-law. Moved by Councilor Strange, seconded by Councilor Craitor. Do you want to speak to that, Councilor? Okay, Councilor. - I think it would be beneficial if, through you, if maybe the clerk would just give a summary for people. And the other question I'd like him answer, if the by-law that we're passing regarding election signs, is that strictly for the municipal election, or is it applied to the provincial election as well? - Great question, Mr. Clerk? - Thanks. - Yeah, the report in the by-law that's also on the agenda tonight is really just a bit of a clean up, that's why it's just an amending by-law. The initial by-law was passed back in 2006, it's been in place for the last few elections, but it does state that election signs for municipal elections could go up as early as nomination day. As you all are aware, that nomination period has shrunk this year. It started May 1st and ends July 27th. It used to end approximately the middle of September, so if we were to go by the current wording of the old by-law, that would mean that election signs could go up in the municipality as early as 2:01 p.m. on July 27th, and I don't think Council's intent of the previous by-law was that election signs could go up for that length of period. It'd almost be doubling that form of length. I believe that worked out to 87 days. The intent of the old by-law, in fact, there's even one other line in there that stated that election signs should not go up prior to 45 days before the election. So the new by-law reflects that intent that election signs wouldn't go up on private property until 45 days prior to the election. That would bring you to approximately September 7th, 45 days prior to the October 22nd election. Under the old by-law, it would have fallen on the exact same date, nomination day would have been typically 45 days before the election. To answer your question about does it apply to provincial and municipal elections, yes it does. The wording's slightly different, it talks about the passing of the dropping of the writ, that's when election signs could go up. Of course with all elections, you could still put up signs at your campaign headquarters. Once you do register and file your nomination papers, it doesn't stop you from advertising in paper, flyers, social media, handouts, buttons, wherever you want to do, we're just talking strictly lawn signs here. The other portion that's mentioned in the report that's also reflected in the by-law is this new aspect of third-party advertising. There are requirements under the Municipal Elections Act that any third-party advertising, whoever's doing the advertising, that third-party advertiser has to actually be mentioned on the sign with the name of the third-party advertiser and contact information. So we just wanted the by-law to reflect that as well. So there are just a couple of minor changes, it didn't really change the intent of the previous by-law. - Is that good, Councilor? - I just have one follow-up question, thanks. If I understand you correctly, then for a private home owner, they can't put up a sign to support a candidate any earlier than the 7th of September on their own private property? You realize that it's their private property, it will go on their private property, that we can't have a sign up? And that's what we're passing? - Yes, and that's no different than any other election that's been held. - All right, thanks. - Thank you. Yes, Councilor Kerrio? - As a follow-up, your worship, does that include billboards? Or just an outside group? - Through the chair, the by-law, much like the 2006 by-law defines billboards as not being an election sign. Our main concern there is how would we enforce that? If you're going to, if a candidate is going to put up a billboard and pay by the month, they may want to pay for the month of September, for example, and we couldn't have a by-law enforcement officer to climb up there and remove that. So again, that hasn't changed for the 2006 by-law. Billboards are not considered in this by-law as being an election sign. - So no further questions? Okay, so to answer, did we make the motion? Yeah, we made a motion. Okay, so we got to call the vote. All those in favor? Okay, and that's approved, thank you. 6.11, MW-2018-02, the Fallsview Boulevard, that's Murray Street to Ferry Street, Transportation Environmental Assessment. So there's two recommendations that we approve the recommendations from the February 27th meeting and that the mitigation measures as described here in the future be in the future detail engineering design. Moved by Councilor Thomson, seconded by Councilor Ioannoni. If there's no discussion or debate, we'll call the vote. All those in favor? Okay, and that's unanimous, thank you. Item 6.12, MW-2018-08, assumption of Warren Woods subdivision phase one and two. I've got a recommendation here that the city formerly assume them. We're looking for a motion for that. Moved by Councilor Kerrio, seconded by Councilor Ioannoni. If there's no discussion or debate, we'll call the vote. All those in favor? Okay, and that's approved, thank you. 6.13, proposed cemetery by-law amendments. There's amendments regarding the proposed addition of green natural burials to take place, some housekeeping changes, and City Council's approval, and prior to implementation, we have to give 30 days notice outlined in the cemetery by-law. Moved by Councilor Strange, looking for a second for, Councilor Morocco. If there's no discussion or questions, we'll call the vote. All those in favor? That's approved, thank you. Item 6.14, PBD-2018-28, matters arising from Municipal Heritage Committee, designated property grant restoration of shutters on the James Oswald House on St. Paul Street. Moved by Councilor Thomson, seconded by Councilor Ioannoni. If there's no discussion or debate, all those in favor? And that's approved. Item 6.15, PBD-2018-29, request for a street name correction Livingstone to Livingston, dropping the E. Moved by Councilor Pietrangelo, seconded by Council Morocco. All those in favor? And that's approved, thank you. Item 6.16, TS-2018-15, Buckley Avenue parking review, recommendation that a no parking and loading zone be established on the west side of Buckley Avenue between a point 30 meters north of Simcoe Street and a point 45 meters north of Simcoe Street. Looking for a motion to support that amendment. Moved by Councilor Kerrio, seconded by Councilor Campbell. If there's no discussion or debate, all those in favor? Okay, that's approved, thank you. Item 6.17, TS-2018-17, Niagara Region Transit Service Provider Agreement. This agreement here, recommendation that the three year agreement with the region of Niagara for the provision of the Regional Transit Services be approved and that we execute the agreement. Moved by Councilor Morocco, seconded by Councilor Pietrangelo. All those in favor? Okay, and that's approved, thank you. Now onto communications and comments of the city clerk. Item 7.1, Dreams to Beams Humanitarian Fundraiser. There's a request supporting for the upcoming fundraiser being held at Boston Pizza on May the 16th. Looking for a motion. Okay, motion by Councilor Pietrangelo and seconded by Councilor Campbell that we buy a table, and if there's any that can't show, that the extra seats be made to as a donation rather than tickets, as we usually do now. Okay, we'll call that vote, all those in favor? Okay, and that's approved, thank you. Item 7.2 is a proclamation, National Public Proclamation Work Week recommended the approval of Council that we proclaim National Public Work Week to be the week of May 20th through 26th. Okay, moved by Councilor Pietrangelo, seconded by Councilor Morocco. All those in favor? That's approved. Item 7.3 is National Blood Donor Week, June 11th through 17th. Okay, moved by Councilor Craitor, seconded by Councilor Pietrangelo. All those in favor? Okay, that's approved, thank you. Item 7.4, Pride Niagara requesting flag-raising for Pride week June 2nd through nine, 2018, and a flag-raising moved by Councilor Thomson, seconded by Councilor Ioannoni. All those in favor? Okay, and that's approved, thank you. 7.5 is another proclamation that the month of June be proclaimed as Recreation and Parks Month in the city. Moved by Council Strange, seconded by Council Pietrangelo. All those in favor? That's approved, thank you. Item 7.6, the Niagara Regional Council correspondence, it's the 2018 property tax policy ratios and rates. So we're looking for, Mr. Harrison will be looking for an acceptance or approval of these rates that we're looking for? - Well, Dave approved them at the region, we just use them in our-- - [James] So we're just receiving them? - Yes, we're receiving them. - Okay, moved by Councilor Thomson that we receive for information, seconded by Councilor Morocco. All those in favor? Thank you, that's approved. Item 7.7, correspondence with city of St. Catharines regarding safe drinking water training support. So I guess they're asking that we reaffirm our commitment to maintaining safe, high-quality drinking water. Do we have recommendation from staff on this one? Do we have any input, or are we just suggesting that we approve this, yes? Okay, so staff are in favor, so we're looking for a motion today. Okay, moved by Councilor Strange, looking for a second by Councilor Thomson that we approve the correspondence from the city of St. Catharines. All those in favor? Okay, thank you, that's approved. Item 7.8, correspondence from the city of Thorold requesting the Government of Ontario to grant municipalities the authority regarding approval of landfill projects. Okay, moved by Councilor Pietrangelo, seconded by Councilor Kerrio. All those in favor? Okay, that's approved, thank you. Item 7.9, correspondence from the city of Thorold again offering school properties to municipalities for a dollar. So, yeah, so they're suggesting that we should get them for a dollar. So, I'm not going to argue that one, but yeah. Motioned by Councilor Thomson, seconded by Councilor Strange with a conflict declared by Councilor Pietrangelo because of his employers are the school board. We'll call that vote, all those in favor? Okay, and that's approved unanimously. Correspondence 7.10 from the town of Niagara-on-the-Lake regarding funding of local library, public libraries. Moved by Councilor Craitor, seconded by Councilor Ioannoni. All those in favor? Okay, and that's approved, thank you. Item 7.11, Niagara Region Liver Centre requesting the waiver of licensing fees for their event, World Hepatitis Day, taking place July 27th. Moved by Councilor Pietrangelo, seconded by Councilor Morocco. All those in favor? That's approved, thank you. Item 7.12, Stanford Center Volunteer Firefighter Association it's their first annual Summer Daze BBQ Classic Competition at Fireman's Park, July 13th, 14, 15, and they're requesting noise relief from the noise by-law and waiver of any licensing fees and promoting of the event on the city's website. Moved by Councilor Pietrangelo, seconded by Councilor Strange. Call the vote, all those in favor? That's approved, thank you. Item 7:13, A.N. Myer Secondary School requesting permit to prevent food trucks on the school property and waive the licensing fee for May the 24th. Moved by Councilor Thomson, seconded by Councilor Ioannoni. All those in favor? That's approved, thank you. Item 7.14, the Lundy's Lane BIA requesting approval of their 2018 budget. - [Man] I move for recommendation, your worship. - Moved by Councilor Pietrangelo. - [Man] Also, there's a change in the board of directors. - Okay, and as well, recognizing and approving the change in the board of directors. Moved by Councilor Pietrangelo, seconded by Councilor Strange. All those in favor? Okay, thank you, that's approved. Next up is item 7.15, Mayor's Accessibility Advisory Committee requesting that the week of May 27th through June 2nd be National Access Awareness Week in the city of Niagara Falls. Moved by Councilor Strange, seconded by Councilor Pietrangelo. All those in favor? That's approved, thank you. Yeah we are, we're moving along here. No, it's too soon for the planning, we're on to the planning matters, but we're too early. 6:30, so looking to, what do we got left there? - [Man] We can do ratification of in camera. - Okay, yeah, we can do new business as well. So we've got ratification of in camera, Mr. Clerk. - As the mayor had mentioned earlier this evening, Council did meet in camera to discuss a couple of matters, first off being a legal report from a prospective land purchase. The motion was made that the land described as part of Township Lot 60 Stanford in the city of Niagara Falls being part one and part of pin 64270-0088 be purchased. This is referring to the Ker Park purchase as mentioned earlier in tonight's agenda. Secondly that legal report 2018-05 we discussed, and that the city, there was a motion made that the city consent to the assignment of the lease of the snack bar at the main community center from 2557417 Ontario Corporation to 1939099 Ontario Limited. And that's all we have for in camera. - Okay, motion by Councilor Pietrangelo. Looking for a second, or seconded by Councilor Thomson that we approve the in camera portion of our meeting. All those in favor? Okay, and that's approved, thank you. So onto, we'll do new business, and then if we're not, if we still have time, we'll have to take a recess until 6:30. So, Councilor Craitor. - Thank you, your worship. I just wanted to draw to Council's attention that it was last week, I did go out to the public consultation meeting that was held at the MacBain Centre. That was to do with the impact of the railways crossing the city. And I'm trying to be positive, but I was pretty disappointed because there was hardly anybody there from the public. In fact, a large number of the people who came out where from Welland because they were concerned that one of the routes that were being proposed to lessen the impact of Niagara Falls for these trains coming through our city was taking down their way, so they were there just to listen to and express their concerns. And the other factor was I was the only elected official that came. Again, not being critical, I'm saying it 'cause I think we better do a better job in making the public aware that if we're going to go down this road and there's no one coming out from the public to express their concerns, we do it around the table as Councilor Thomson has done many times, you as well, and myself. So I think, I don't have the date for the next one, but if we can make sure that we get it out and we put it on the city website and that we show that there is in fact a real concern in the community. I even thought we would have some representatives from even just the fire department or from the emergency services that might just be there so you can see, the public can see or hear their concerns as well. So I'm saying this on a positive basis, but that was their first meeting, and there was literally no one there. In fact, I think there was more consultants than there were the public, so if we can make sure we get that out, that people know, maybe have some representatives from emergency services, that would be a positive thing. - Good comments, Councilor. Their CEO's going to weigh in. - Yeah, thank you, Mr. Mayor. I just want to let everybody know that during that day when the public meeting was going on that there was a separate stakeholder meetings. So there were meetings with emergency services, there was a meeting with all of the business owners that have spur lines along the rail line, there were meetings with BIAs and other groups of businesses as well during the day to try to just get one on one feedback from them. So probably why you didn't see some of those individuals there that day because they were meeting all through the day. They were out at the transit facility on Heartland Forest Road conducting that throughout the day, so that's probably why you didn't see as good a turnout, but there was good input during the day, I can assure you that. And we are going to try, we were a little disappointed too that evening, but we've talked to staff, we're going to do a little bit more of maybe getting the signage up on crossings and things like that to notify people so when they're waiting for a train, they can see some signage that a notice of public meeting coming up, so we're going to try a few different techniques. - Yeah, Mr. Dren and then Councilor Ioannoni. - Just to add Mr. Todd's comments, the signs are up at the crossing. They're, I guess, election-style signs, so they can wave in the wind and so forth, but it actually gives the website to go to help get, garner more comments from everyone. We did meet staff and we were concerned as well. That meeting was an introduction meeting for the process, so there's a lot of, a lot more work to go on. And so we are going to beef up more advertising more on the website, in the newspaper, on social media. - Okay, thank you for that, Mr. Dren. Councilor Ioannoni? - [Carolynn] Thank you, when is the next meeting? - It's the end of May, May 31st. - I think Facebook is the way to go. I don't know, for all of us that have Facebook pages, you see people who are now taping the length of the train and you're watching it live while they're sitting at a railway stop, so I would have liked to have seen a better outcome and more people come out, but that's the way that we have, so if we could, all of us that have a Facebook page, post that on it, perhaps we could get more people out. - Yeah, I agree, and Councilor Craitor, I met with the rail people a number of times as well, and they understand our ultimate goal is to get trains out of the city. There's no reason, they used to cut through the city to cross over to Niagara Falls, New York. Well, they no longer do that, they cut through the city, they bisect the city at a dozen crossings and they leave the city. We just got a couple of active spurs, and it's really frustrating. As a matter fact, we had another breakdown this week where the train sat there for 20 minutes and everybody, not just the length of the train, but the length of the breakdown, and trains are longer today than they've ever been, and when you got one engineer on the train, they got to walk two kilometers sometime to find the breakdown. So we met with CN the last week as well on Friday, we had another meeting, and we're trying to get the message out to people, "We know you're frustrated, "come out to the public meetings", and as you say, participate, and let them know how we feel about trains cutting the city in half and then breaking down on top of that is very frustrating, very, very frustrating. So thank you for that. Councilor Pietrangelo, or so, okay, onto new business right now. Do we have any other new business right now? Councilor Thomson and then Morocco. - Yes, for the last week or so, it's been brought to my attention through dialogue with some of the city staff that the region is doing a study on industrial properties throughout the region, and are going to come up with some, from what I understand, restrictions or what municipalities can do in changing industrial lands to another zoning category. And I thought that's why people elected us to city council to manage our own planning issues. I think that certainly Niagara Falls has a tremendous amount of industrial lands, and we're not getting the industry that some of the other ones are. So to have somebody like the region examining what we have going on here and putting in restrictions, in my opinion, we should be making the decisions. And I would like to have a report back from staff with respect to where they're going with this. We all know that our total assessment of industry now is about 2.7, 2.8%. So obviously, and we don't have any development charges on industry, and in fact, I think we have decided, maybe that's not the major category and we want to have the opportunity to change some industrial lands, to create jobs, to do what we have to do, and the decisions to be made by this municipality. So I'd just like to have a report back, make sure we know what's going on with respect to this, and that we control our own destiny. - Okay, fair enough. Yeah, we got a motion by Councilor Thomson, seconded by Councilor Craitor that we get a report back from staff on the industrial lands in the city, and especially in how it plays-- - [Wayne] And a report from the region. - Right, and how it relates to the regional report that's being brought forward. Call that vote, all those in favor? Okay, and that's unanimous, thank you for that. Councilor Morocco? - Yes, your worship. I just want to touch on the OSUM conference that was here. I want to thank the Council for the support, and actually their board has asked to send thanks as well. They greatly appreciated hosting OSUM here in Niagara Falls, it was very well attended. And I'd also like to give a special thanks to the staff that participated and worked very hard to make it a success, Wendy Canavan, and Laurie Bitner, and Serge and all your team, so I greatly appreciate all the work that they put into it to make it a success, and I know that they'll be looking to come back here again. It's also a part of AMO, which I'm sure that they'll be expressing to AMO what a great job we did and help to host them here again as well, so thank you very much. - And Councilor Morocco, thank you for all your efforts to bring that conference here, and you were involved in the conference the whole time and you're right, staff did a terrific job, Wendy and Serge and Laurie and all the staff that worked so hard on making it a big success, they had a great time, just great. I laughed, I brought four greetings four times that conference. I never brought so many greetings to one group of people, but in the end, I kind of felt like we're family, you know? So thank you for that. Councilor Kerrio? - Thank you, your worship. I was asked by some business owners in one of our main commercial streets about signs that protrude out over sidewalks. And if a building is sold, I know that there's been some signs that have been grandfathered in that are over city property. If that property is sold, does that sign carry on to the next owner? Because I know there's a lot of businesses who's had their signs blocked for years and years by certain signs. And now that property is being sold, does that sign go with the next owner? Or does the next owner have to abide by our sign by-law as it exists now? - [James] Mr. Beaman? - Thank you. I would suggest the best way to deal with Councilor Kerrio's question is for a detailed report to be prepared. There's a number-- - Tables? - Yeah, it's not a simple answer, which I'm sure Councilor Kerrio doesn't like to hear about but unfortunately, it's not a simple answer. So if Council would direct its report, it would be able-- - I would make that motion, and the only other thing is that if certain people get wind that we're going to have a report look into it, they would be trying to get that sign up and running. Can we put a freeze on it or can we do something? Because this has been going on for years in this particular instance. And now if this building is being sold, these people having had their signs blocked for years and years and years can still have them blocked in the future, I don't know. - Well, perhaps if you could identify that particular sign to our enforcement-- - Well, I won't do that here, but I will do that-- - Yes, I agree, not on camera, but approach us after, and we'll look into that as a strictly enforcement matter. And in the meantime, Council still directs us to provide a report as we require, Councilor. - Okay, and also, are we referring to pylon signs or portable signs, or all signs? - These particular signs are attached to the buildings that hang over the sidewalks. And a lot of them have been grandfathered in for years and years and years. A lot of the other business people, their signs aren't by the existing laws, and they can no longer, their signs can't be seen. So that would be, everywhere would be the same, but they're over city property, and they haven't been asked to be taken down because they've been there for so long. - Okay, so motioned by Councilor Kerrio, seconded by Councilor Strange. If there's no discussion to that, we'll call the vote. All those in favor? Okay, and that's approved unanimously, thank you for that. Do we have any other new business? Councilor Strange. - Yes, your worship. I realize that we won't have a meeting until the, I believe the end of June? - Yeah. - So I just wanted to add we had our KO for KIDS Charity boxing event last year, and Councilor Thomson's on the committee, and we're also, it's our second annual one, we're doing it this year on June 15th at the Scotiabank Centre. It's coming up fast, and we have actually 30 boxers participating this year and the three charities are Ronald McDonald House Hamilton, Stem Cell Research for Childhood Cancer Research at Mac as well as a new charity, Pathstone, a mental health that's been added. So we, hopefully, everybody can come out. We had some great fun last year, including Councilor Pietrangelo's wife, big knuckle punch. So it was a great event, and we raised $64,000 last year, so we're hoping to top that off, and we'd love for anyone to come on up for this, so you and senior staff and anyone in the crowd. It's for a great cause and it's a great game too. - So are we making a motion for any support of this event or? So what did we do last time? - [Man] I think we had some seats last time. - As we always do, and if we have a few seats, that just goes as a donation rather than having empty seats? - [Man] I'll ask too that, Ronald McDonald, Pathstone, yes. - Okay, that's moved by Councilor Thomson, seconded by Councilor Strange. Do we have any discussion to the motion? Call the vote, all those in favor? Okay, thank you for that. Any other new business? Okay Councilors, we are going to have to recess right now for the next 20 minutes. We've got advertised public meetings, we have three of them, and they start at 6:30. I would recommend you stay in your seats because someone will grab your seats. So we're going to be back in here 20 minutes sharp, we're going to continue on with our three planning matters. So thank you very much. Okay ladies and gentlemen, we are going to get started. We're going to ask that the door be closed please. There is seating outside, and as each planning matter is concluded, those people from the one before will probably leave and then other people can come in. So this is being broadcast live on Cogeco on the monitors out in the hallway, and as well, this entire meeting in its entirety is being broadcast through live streaming through We Stream. So thank you to We Stream for providing all the great camera angles, and to Cogeco for being here to make sure everybody gets this live. So ladies and gentlemen, we're ready. We're going to start so I would now ask our clerk to please introduce the next item on the agenda. - A public meeting is now being convened to consider a proposed amendment to the city zoning by-law to permit a seven unit townhouse dwelling at 6894 Garner Road. Notice was given by first-class mail in accordance with the Planning Act on Friday, April 6th, 2018. Anyone who wants a notice of the passing of the zoning by-law amendment to participate in any site plan process, if applicable, or preserve their opportunity to appeal to the Local Planning Appeal Tribunal shall leave their name on the sign-in sheets outside Council chamber. - Thank you, Mr. Clerk. Now I'll ask our director of planning, Mr. Herlovitch, to explain the purpose and reason for the proposed by-law amendment. - Thank you, your worship. This first application involves a parcel of land on the east side of Garner Road immediately south of Black Forest Drive. The property to the north is the site of the former German Village. This is now a German Village subdivision, and it's a subdivision of detached dwellings to the east, or inside Joseph Court, this is an area also of detached dwellings. To the west across the Garner Road, which forms the urban boundary are agricultural lands. So the proposal before you tonight is to amend the zoning by-law to allow for the development of seven townhouse units. The applicant is seeking an R4 zone for this property and they're looking for a few additional special provisions. First of all is the request for a 2.5 meter rear yard depth whereas the by-law requires 7.5 meters, but in essence, this yard actually forms the side yard. To the north is a seven and a half meter privacy yard. This is our standard in the R4 zone and they are meeting that. I pointed it out here tonight because that is our standard for detached dwellings, so the houses in the German Village subdivision have the same rear yard setback requirement of 7.5 meters. The number of townhouse units has a lot coverage of 38%, and the driveway width is slightly narrower than the standard that would be required. We're looking for a provision of 6.1 meters, so as you back out of the driveways from each of those townhouse units, they will have sufficient space. I would also point out that at the east end of the site, there are two additional guest parking spaces to serve this particular development. So the applicant as I said has 0.20 hectares of land. He's looking to develop a seven unit townhouse. The property is currently a zoned development holding. This is a holding zone that we use until such time as properties are ready to develop. They are looking for this low-density group multiple zone which is R4, permits both townhouses and apartments. In his case, it would be limited to the townhouse development I just showed you. We did have a neighborhood open house in March of this year. We did have 11 residents out. There were concerns about the loss of privacy. This is largely due to the fact that there are existing hedges along this, the property has an existing dwelling on it which would be demolished to make way for this townhouse development. The residents also have concerns about drainage issues and our municipal works department has been working with the developer of the German Village subdivision to improve those drainage issues. And then the neighbor to the south inquired whether or not there will be a wood fence along the common property line, and there would be enough to this case. As I mentioned, drainage is being addressed. The fencing would also be used to eliminate or lessen the loss of privacy to abutting properties. We had a look at the provincial policy statements, the provincial growth plan, and we found that the development does comply with that. It serves as an intensification of our urban lands and a utilization of existing infrastructure as well. The policies require that we have 50 people in jobs per hectare. In this particular case, we have an equivalent of 87 people and jobs per hectare. The subject lands as I mentioned are underutilized now, so this forms a good utilization of our urban lands and it will assist us in meeting our targets to satisfy the province. The official plan designates the land as residential. The official plan has a minimum density requirement of 20 units a hectare, a maximum of 40 minutes per hectare on collector roads. The property front's on the Garner Road, which is an area where we expect to find higher densities. And this particular project has a density of 34 units per hectare, so it fits right in the middle of what we would have expected for the area. The proposed townhouses have been designed to be compatible with the neighboring houses in terms of their building height and their massing. And the proposed townhouses would introduce a form of housing that's not currently available in the area. Looking at the zoning by-laws, I mentioned they're looking for an R4 zone with special provisions to address the rear yard depth. That is the east side yard, and they're seeking a reduction to 2.5 meters, a maximum lot coverage of 38%, that's only marginally up from 35%, which is the standard, and then a parking aisle width of 6.1 meters, whereas typically 6.3 meters would be required. Again, these are relatively small. The reduction in the rear yard depth is really because the, it serves as a side yard, and typically in our detached residential zone, a typical side yard would be 1.2 meters, so in fact, they have more than double what would be expected for a single-family house if it was to be built on this property. I mentioned that the 2.5 meter setback as well does afford a bit of space for the last townhouse unit to be able to back out of its parking space and not affect the visitor parking spaces that are located on that property. I mentioned already the distance separation between the privacy yard and the properties on Black Forest and there should be sufficient room for cars to back out, so we are in support of those zoning changes. So our conclusions were that the proposal does comply with the provincial policies and the growth plan that conforms with the official plan requirements and the proposed R4 zone would facilitate the form of development that has been presented, therefore staff has recommended the Council approve the zoning by-law amendment application to rezone the property as an R4 property to permit the seven townhouse units subject to the provisions outlined in the staff report. Those are the highlights. - Thank you, Mr. Herlovitch. Are there any questions of Council for Mr. Herlovitch? Okay, seeing none. Members of the public are advised that failure to make an oral or written submission at this public meeting will result in the Local Planning Area Tribunal dismissing any referral that it receives. Failure to sign the sign-in sheets will result in staff rejecting an appeal as per section 3419 of the Planning Act. Council will now hear from anyone other than the applicant who wishes to speak to the proposed by-law amendment. Is there anyone here other than the applicant who wishes to address Council? Yeah, okay, if you'd like, you can step up to the microphone. If you can please state your name and your address. - Andrew, 8887 Black Forest Crescent, located across the street and down the road. I have a number of concerns, starting with the size of the dwellings of the townhouse complex which I didn't see stated in there but when our neighborhood was constructed, there was a lot of controversy, when it was becoming German Village and being developed, and part of that controversy then essentially established minimum size, minimum square footage for the dwellings that are on our street. During that time, it wasn't made clear to everybody when it was, so my house was actually being constructed at 1,700 square feet, the size that I could afford to build in, and during the process of building, after it had already been constructed, we were told to stop construction and the square footage needed to be raised to the minimum of 2,000 for a two story dwelling. My concern here is I'm, incurred extra cost for me, going forward for that building, and this essentially is now constructing seven buildings that are far below what we had to go through for minimum square footage in our neighborhood. Another concern that I have is with the lower cost that these town homes are going to be providing to our immediate neighborhood right beside us, I'm concerned that our property values will be going and decreasing in value. And with that, I would be curious to know as to what kind of tax break I'm going to be getting then on my property tax with my decrease in value of my home, where I pay quite a large sum of money in taxes every year to have lower priced town homes right next to my neighborhood? - [James] Thank you, any other questions? - That's all I have. - That's it for now? - Thank you. - Mister, before you run away, Mr. Herlovitch, are these questions that the developer will be able to comment or anything you would address? - Excuse me, your worship, through you to the speaker, the city zoning by-laws don't have minimum standards for floor area. In fact, the province prohibit us from describing those in zoning some years ago, we took all of those standards out. That requirement was set by the developer, it's a restrictive covenant on all of those lots. So in buying those lots on Black Forest, they agreed to build a minimum house size. Those are set by the developer, not by the city. So it would be basically outside of our jurisdiction to set a minimum standard for the house. As for the value of those houses, perhaps the applicant's representative could speak to those and give some reassurance to people who live in that subdivision for the north. - Okay, so we're going to have the developer here when anyone other than the applicant speaks, and then we can find a little bit about the value of what they're going to be building as well. - Thank you. - Okay, thanks very much. We had someone else that had their hand up that wanted to speak as well? Did I see someone on this side of the room? Oh, over here, okay. Is there anyone else, by the way? Do we have anyone else on this matter? Oh, over this side, sorry, it was behind the camera, okay. If you can state your name and your address, please. - Michael, 8926 Black Forest Crescent, directly north, the fourth parcel in. We purposely purchased before anything was developed there and we picked the lot because of the green space directly in behind. There are no houses in our direct view. We have trees and lots of greenery, because it's everybody's backyard. So the very first thing when anybody comes into our house is you're going to walk through the house and out all of the windows, which we had extra windows put in, to accommodate south-facing, with the sunshine. You're going to see a very large building now obstructing all of that view and demolishing that green view. The houses on the north side paid a premium because of the preserved lands. We didn't opt for that because we found something equivalent on the south side, so we chose a particular lot that gave us the best of both, and now that's being taken away from us, so that's a huge concern. Obviously it's in the hands of the Council, but we really, other than saying hey, please don't forget us, don't have much say. The developer is going to make out a significant amount of revenue from this, and any depreciated value to his home, which is right beside, would obviously be quite a bit offset by the income here. There's nobody providing an income towards us to cover any damages towards us. So we're at a disadvantage, and all we can do is plead on our behalf to you that you consider our voices that this was not, or this is really an imposition on us and our green space, our view of what we had bought into. I don't know how anybody else would feel if you had in your backyard somebody develop a townhouse, because I can't really think of somebody here would say, "Yeah, pick me, and put a townhouse in my backyard." The other reason we chose that lot is there was an existing family living in that home and nowhere at any point, if you have an idea, that somebody would take that house out and put up a townhouse. You don't walk into a neighborhood and say, "Somebody's going to chop that." Had that been vacant land, perhaps a discussion may have arisen, but not when a family was actually living there. So, totally out of the blue when we got the notice saying that, "We're going to now put up a townhouse." I don't know, all I can say is it's really unfair. One person's going to line a pocket, the rest are going to cover the cost by depreciated value. - Okay, thank you very much. Do we have any questions? Yes, before you run away, Michael, yes, Councilor Kerrio? - Well, your worship, I'd like our planning director just to give a quick synopsis. This gentleman was suggesting that it's strictly in the hands of the Council. Could you just give a strict, a quick synopsis of why we're put in this position? It's in your report, but can you go through it quickly so everyone understands that it's not just quite that simple that the provincial government makes the criteria, that is talking about inflow that we have to follow. Could you just give a little synopsis on that? - To that point, as I mentioned earlier in my slides, the Garner Road forms an urban boundary, so in fact, the city has both urban and rural lands and we're restricted to accommodating residential development in an urban form inside of those urban boundaries. And then the province has required through policies and their growth plan that we intensify within those urban boundaries, so it would make better utilization of urban lands. We have a requirement of the present moment that we provide 40% of our new housing within built up boundaries, which this would be, so there's a requirement on us to meet that. As I outlined in my initial slide as well, the property was zoned development holding, so in actual fact, it was a place category, it was a holding category waiting for future development, so it was not zoned for a single-family house, it was zoned as a holding category, so we did expect this quarter of a hectare to develop as something else over the long-term, and the long-term has arrived. - Thank you for that. Councilor Kerrio, do we have any other questions or comments of Council for Michael? Okay, thank you very much. - Can I suggest something? - Yes, you can. - There is a proposed lot right on the corner of Mcleod Road and Garner, there's a big sign up there, the big poster, and there's lot of room for development. So why squish it into our backyard? Can't it go, if the developer wants to pursue the development and to meet the provincial criteria for development of lands and such, one block down, there's a big area, wide open, doesn't have to go into where there's a single house. - Sir, that's typically for, the places to go act and whatnot that the provinces dictated to us, is there, can you give a little insight for that kind of a question? I appreciate your situation, and he can help give you a little, paint the picture for you, yes. - Those lands are going to be developed as well, for urban uses. Townhouses, small single-family lots, that's the direction that we're forced to take the planning in. So we're looking in terms of scale of development, so when we're looking at this project, we're looking at heights of development, massing and so on, relative to what's on the adjacent properties. But those lands, they're in the urban boundary, they will be developed, and I expect to see most of the land south of McLeod Road developed in the next five to seven years. - You want to say something? - So does that mean anybody that has a single-family residence could knock it down and put up a multi-tenant building? If that's the will of the province and the city? - Well, it's going to depend on the landowner. Immediately south of this property, we're looking at townhouses, there's a large single-family house on that property and the property is, I'm going to say double the size of this one. Someone might buy that and they could have to take that house down, I have no idea, but they would go through the same process as this one. - That's exactly where we were thinking that this is where it's going to lead that now there's a petition for one, there's going to be potentially three. And, sorry, but there goes the neighborhood. And they may be nice townhouses, I'm not taking anything away from it, but it does take away from that exclusive kind of little niche that we have there at Black Forest, which is why we got there. - [James] We have another question there, Councilor? - It's not a question, it's just a comment. It's not the rule of the city, I don't like this at all, I don't like this happening to you, I don't like it happening in other neighborhoods. I don't like the fact that the government put us in this position, but we could go against our planners and they would go to this new LPAT and they would win hands down because our planners are only basing their suggestions on the provincial guidelines. Our hands are kind of tied because of the provincial guidelines. If we don't follow the policies of the provincial guidelines in our planning decisions, they just go to this new LPAT which is the next thing from BLB, and they win. So I would hate to mislead you to think that there's anything that we could do. I don't like it at all. I would not want to put you in this position if I could help it, so it's certainly not our fault. - Thank you very much for your comments. Okay, we had someone else to speak. If you could just state your name and your address please. - Yeah, my name's Cindy, and I'm just with Michael, which is side by side. And we have the same situation with him and the same concern. We pay a lot for the view, and we like the very peaceful, it's a very quiet area right now. After you have the seven townhouse there, I don't think I can get what I have right now. So my issue is not get, so I just, it's exactly the same thing like him. - Thank you very much, Cindy. Do I have anyone else other than the applicant? Yep, if you could come forward, please. If there's anybody listening outside and they want to come up to the microphone and speak, they should work their way into the Council chambers as well. Yes, if you could state your name and your address, please. - Hi, my name is Linda, sorry, my throat is hurting, and I can't speak much, that's why I'm trying to be quiet. Davinder, D-A-V-I-N-D-E-R. 8942 Black Forest. My biggest concern is parking, because with the seven townhouses, most homes have two to three cars, and where are we going to park? If you're giving them one parking space or two parking space, when their guests come or their kids come, are they going to come to our street and park there? And then where's my kids going to go? Where my guests going to go? To the next subdivision and then walk to my house? Because my house is right, the second house. And everybody's going to come there, get their parking space, park, and leave their car and disappear. That's one of my concerns. - Okay, so maybe we can ask our director of planning how we're addressing the parking with this development. - Thank you, your worship. The city zoning by-law has provisions of 1.4 parking spaces per unit. So with the way these units are designed, they have a garage and a driveway, so that's two units per property, and then we have the two additional surface parking spaces. So in fact, they exceed the requirement of 1.4 parking spaces. So it's the same standard as set elsewhere, so they do meet the zoning standard. - So they meet the standard that's in the zoning-- - So is there any way we can stop these people parking in front of our houses? - Mr. Dren, do you have any insight into that, for transportation? - With respect to the parking, Mr. Mayor, it's something that we would review at the time but we wouldn't do it in advance because there is no parking problem up there right now. And it's something that, as a resident, you can come forward and saying, "We're having parking issues", and we would deal with it accordingly. So there's a policy set in place and procedures. - Okay, thank you. - All right, thank you very much. Do we have anyone else? Yeah, if you can come forward, and state your name and your address, please. - My name is Shawn Turner. My address is 8911 Black Forest Crescent. I'm here to speak in opposition of the report and the recommendation by staff that this project, this development be approved. I think my neighbors have articulated a number of what I feel are very valid and legitimate reasons for not approving this development, including the increased density, the effect on neighboring property values. Clearly, the applicant will make substantial profits from this development, but the surrounding neighbors will suffer a financial negative consequence as a result of the development. Is there not an opportunity for Council to place a requirement on the developer to compensate the neighborhood homeowners for the depreciated property value that they will experience as a result of this development? I mean, maybe not, but there should be. It just doesn't seem fair or reasonable from our perspective. We would implore you in any event to do whatever you can do and what is within your means to do to review the density proposed for this project because it is so much greater density than the surrounding neighborhood. The report refers to the land being underutilized in comparison to recently developed properties. That may be true, but it's certainly not in relation to other homes and properties in the area. But conveniently, the staff have omitted identifying and indicating that in the report. It says that the under the official planned, the subject land is designated residential in the city's official plan. And it says residential lands may be developed with a mix of single, semi and detached, semi-detached and town homes. But this isn't a mix, this is an exclusive type for the development on this property. If it was a mix, it would be perhaps more palatable to the surrounding neighborhood, if it was a mix of semis and privates. So clearly it would seem to me that it would be in contradiction with the official plan because this isn't a mix in this development, it's an exclusive type of dwelling being proposed. It says the proposed town homes have been designed to be compatible with the surrounding neighborhood in terms of building height, perhaps, and massing. No, massing in density, it is not compatible and it is not suitable or consistent with the surrounding neighborhood. Under the zoning by-law, there is a variance being requested by the applicant. And I note that it's very interesting here that, it says that although the requested reduction is a significant departure from requirements, I think that it's within Council's purview to not permit that significant departure, number one. But number two, I note interestingly that it says that the neighboring homeowner has no objection to this variance being provided, but it's interesting to also note that the neighboring property that it's referring to in this report is owned by the applicant, who has already said that as soon as that development is completed, he's selling his home and getting out of there. And lastly, under financial implications, I think it's a bit disingenuous that the staff in their report note how Niagara Falls is going to make out with the bounty of new development charges and new tax assessment, but they negate and neglect to mention that the neighboring homeowners are going to be adversely affected by reduced property values as a result of this high density development going in. Thank you for your time and thank you for listening to my comments. - Folks, I just ask that you-- (crowd applauding) Folks, the decorum in Council chambers is that you don't clap, you don't boo, you don't cheer, so I ask that you not do that. Council needs to react to the information, not to the gallery. So I'd ask Mr. Herlovitch, if you could just respond to his comments regarding the mix versus exclusive for the seven units. Will you be able to address that? - So as I outlined in my slide presentation, so this area is exclusively single detached dwellings now, so in fact what we're doing is improving the mix by recommending the townhouse development that you see before you. Doesn't necessarily mean that we would expect to find single-family, semi-detached townhouses all on one particular block. In fact I suppose if the speaker's arguments were true, we would not have allowed the Black Forest Drive to develop exclusively as single-detached dwellings, but it would have been a mix. So what we're trying to achieve is an overall mix in neighborhoods, and we believe that this leads to that. - Okay, thank you for that, I've got-- - Your honor, I have a comment in relation to that. Staff indicated that, or alluded to the development on Black Forest being single-family homes, and I stand to be corrected because I wasn't living in Niagara Falls at the time, but it's my understanding from neighbors that there was a proposal for town homes to go on in the development for Black Forest, and the neighboring properties, including the applicant, objected to the town homes being part of that development and that was withdrawn at the time. - Mr. Herlovitch? - I have no recollection of ever seeing a plan like that, but if that's what he says, that could easily be. I wasn't aware of that. - Okay, thank you for that. Councilor Morocco? - Actually, my question is directed to staff, not to the speaker. - Okay, okay. All right, thank you very much, appreciate your comments. - Thank you, your worship. To Mr. Herlovitch, I just wanted to ask a question, and I'm not trying to be disrespectful, but I sometimes think that we have to be very careful what we try to deal off with because I just wanted to make a point that this property could also have a tall apartment building built on it as well. So it could be zoned for a four story, six story, eight story apartment building. - It could occur because Garner Road is an arterial road, and so our official plan provides for higher densities, which would include apartments, I believe it's up to six stories-- - Six stories? - On an arterial road. And densities in the range of 50 to 80 units a hectare. So about double the density. I guess both landowners chose this part of housing instead. - So I'm not big either on this small growth, whatever happening but sometimes, I've seen this happen, we've all seen this happen, we've had a proposal such as this that comes forward and then it gets turned down, and next thing you know what happens is they come back after from OMB, they've asked with a whole new plan, and we end up with a six story, which I don't know about you, but I don't think I'd want a six story, but I just think that we have to be careful with what we try to bargain for. - Thank you for that. Is there anyone else that would want to speak to this other than the applicant? State your name and your address, please. - Yes, my name is Simon, last name is Xu. I live in 8919 Black Forest Crescent. It's opposite of that proposed site layout. And I'm the neighbor of Shawn, actually. I just want to mention, people, it's already raised, it's already proposed objection, and I have the same opposition actually, opposite to this proposal. I think after we paid for the house, the house is actually, we paid a premium, the house is actually way above the average price what we purchased, and I think that mainly is a quiet area and I say is a premium residential area. So now you put a town house, I think that definitely will reduce the property value. I think that's my main reason why I have opposite position. - Okay, thank you very much, thank you. Is there anyone else other than the applicant? Thanks so, that's it, we're done? Oh, is there another one, I'm sorry? Okay, we're good, all right. Okay, I think we've had a full hearing of the neighbors. Council will now hear from the applicant or his or her representative. - [Man] Should be that third one from the top there. - Third from the top there? Okay, good evening, your worship, members of the Council. I appear on behalf of the applicant. You've asked me to address the neighbors' concerns. Quite frankly, the concerns that were raised, the only one that isn't land use planning concern is parking. And I think you've heard a full and complete answer to that question. It does exceed the zoning by-law requirements for parking. The other issues that were raised respectfully are not land use planning grounds, one being value of property. I can tell you I've been doing this for 21 years and probably have done about 70 or 80 OMB hearings. I see Miss Pepino's in the crowd, she's probably done 700 or 800 OMB hearings. The OMB has never come to a determination that values of property are affected by infill development. It's been argued, never been proven, never been accepted by the OMB. Secondly, there was the issue of a right to a view. Same thing, that argument's been made many times, made many times here in Niagara Falls in dealing with the high-rise hotel development, has never been accepted by the OMB. Quite frankly, there is no right to a view. More importantly, there is no right to a view when you don't own the property next door. The one speaker mentioned that they chose this side of the street because the other side had a premium. The reason why the side had a premium is because it backs onto a provincial woodlot and wetland. So people on the other side of the street are always going to have a view. Now just in terms of the slides, this is a concept plan of what's going to be on the property. Seven units, we're looking at in the low 500s for a purchase price, so this is a low income housing. Next slide shows the elevations. Elevations again. This is the site plan which was before you earlier. It's important to note that with infill developments, the big issue is compatibility. And a good test of compatibility is what zoning requirements does the application not meet, the proposal not meet? Most significantly, this application provides a full rear yard setback, as per your zoning by-law. So I'm going to take you to an aerial view so you can appreciate that. So you'll see the green space is the proposed setback which is in accordance with your zoning by-law at 7.5 meters. The properties on Black Forest also have a setback of 7.5 meters, so we have a mirror image of each other, so that goes a long way when it comes to compatibility. There was an issue of a significant reduction in one of the requirements, that relates to this setback dimension right here, I don't know if you can see it. What's proposed is 2.5 meters. It was indicated that the applicant owns the property which completely backs on to that setback. It was also mentioned in the planning report that the city has in the past approved a very similar development on Dorchester Road with the same setback, and in that case, the rear yard owner was not the applicant. I just want to show you other possible developments on this property. Another possibility is a four unit development fronting on to Garner Road. You'll see that the side yard setback, because it's now a side yard setback, backing onto the homes on Black Forest is now only four feet. It's not 25 feet, it's four feet. And this is another proposal that could be developed on the property. The next one is two single-family dwellings. Same thing, you now have the neighbors backing on to a side wall of a single-family dwelling with only four feet separation. More importantly, and this point hasn't come out, but Alex I'm sure will confirm it, when you have single-family backing onto single-family, the developer does not need to put a secure, a privacy fence, a privacy wood fence. So in this case, there would be no requirement for a privacy wood fence. With this proposal, there will be a privacy wood fence all along those properties backing onto the development from Black Forest and also to the property to the other side. That's mandatory, and that will occur during the condo process. As well, there be a landscape plan worked out during the condo process, there'll be a lighting plan worked out during the condo process. I believe those were all the slides. There was a mention of other possible uses on this property, yes. There could be a high-rise on this property, up to six stories, and in that case, your by-law says that the setback would be half the height. So there could be a six story building 30 feet from the back of these houses on Black Forest. They would likely need underground parking, but there's lots of developments with underground parking occurring in the region. So at the end of the day, I believe as Councilor Kerrio stated, your job is to apply land use policies. You may not like the proposal in front of you, you may not want it in your backyard, but the reality of the matter is, that is your job, to apply the land use planning policies. In this case, this proposal meets all the policies provincial, regional, local, and therefore, it represents good land use planning. Those are my comments, I'll accept any questions you may have. - Thank you very much, Mr. Vaca. Can you give us any indication of the approximate size of the seven units being proposed? - I believe the total size is about 1,700 square feet. 1,600, 1,600 square feet. - Thank you for that. - While you mention square footage, I also wanted to make a point about, there's a discussion of perhaps there was a townhouse development proposed on German Village, and the neighbors on Joseph Court opposed it and that's why it didn't proceed. I can tell you I was the lawyer for the developer of German Village. The only proposal that came to this Council was for single-family dwellings, which is what you see on the property right now. There was no other proposal made by any other developer on that property other than single-family dwellings. - Okay, thank you for that. Do we have questions of Council for Mr. Vaca? None, okay. All, right thank you very much. The public meeting with respect to the proposed zoning by-law amendment is now concluded. What's the will of Council? Yes, Councilor Campbell? - [Wayne] I move to recommendation, your worship. - Okay, moved by Councilor Campbell, seconded by Councilor Kerrio. Is there any discussion to the motion? Okay, seeing none, we'll call the vote. All those in favor? Okay, and that's approved. So thank you to everyone that was here for this development meeting. We're now going to move on to the next planning matters. We'll give you a chance just to vacate the chambers for a moment. Continue on. I now ask our, ladies and gentlemen, I ask please, if you could please sit down, if you could please sit down. And we're going to ask that we're trying to keep, if you don't have a chair, we're asking that you take a chair outside, along the side here, you're fine, you're out of the way, but here, we need to have the area open for fire reasons and also for people that are outside that need to come in to speak. So if you're not sitting, we're going to ask you to go outside please and sit down in a chair. We've got a monitor out there so you can hear everything and if you do want to speak at some point, you can come inside the chambers. Okay, so we're going to continue on. Mr. Clerk, would you please introduce the next item on the agenda? - Yes, your worship, public meeting is now being convened to consider a proposed amendment to the city zoning by-law to permit the construction of a four unit on street townhouse dwelling on a vacant parcel of land between 5675 and 5717 Church's Lane. Notice was given by first-class mail in accordance with the Planning Act on April 13th, 2018. Anyone who wants notice of the passing of the zoning by-law amendment to participate in a site plan process if applicable, or preserve their opportunity to appeal to the Local Planning Appeal Tribunal shall leave their name on the sign-in sheets outside the Council chamber. - Thank you, Mr. Matson. I now ask our director of planning, Mr. Herlovitch, if he'd please explain the purpose and reason for the proposed by-law amendment. - Thank you, your worship. This parcel of land is on the north side of Church's Lane, immediately west of Henley Avenue. The property backs onto a neighborhood park and to the west, east and south are single detached dwellings. The proposal before you tonight is to change the zoning from to an R1C zone to an R3, a mixed residential zone, and the purpose of the R3 zone in this case is to allow for the development of the property with four on street townhouses. I would just make reference that the, under the current zoning of R1C, the property could be divided into two parcels and there could be a single detail dwelling built on each of those two parcels. So we're basically looking at a request to go from two dwellings up to four dwellings. So the R3 zone has specific requirements, so it has a side yard requirement, they're looking to provide an interior side yard with a 1.8 meters, if this was a single detached zone, and the R1C zone, it would be 1.2 meters. As well, they're seeking a front yard depth of 7.5 meters. This is slightly larger than the standard requirement. The reason for that is we have a provision in our by-law that says the building has to be set back the average of the houses that front on the street. So there is a house both to the east and west of this property, and they're set a little further back from the street, and so therefore, I think the average setback is 7.25 and the applicant is proposing a setback slightly farther back at 7.5 meters. The property is 0.12 of a hectare, a little over a quarter of an acre, they're seeking four dwelling units. I've already mentioned that they are seeking to go from an R1C zone to an R3 zone. There we did have an open house in April, seven residents did come out, they were concerned about the size of the proposed dwelling, the market values, and those same comments you heard a moment ago, and whether the applicant would be constructing the drawings. They also expressed concern that the applicant who owns the adjacent house is not maintaining the property to their standards, and therefore questioned the standard of this development. They're also concerned that there are some townhouses elsewhere in the neighborhood that are not well maintained and worried that this might happen in this case. The applicant did outline that he would be hiring a builder to construct these, but these will be larger dwellings, 223 square meters to 241 square meters, and the owner has made a commitment to clean up the property on Church's Lane by removing cars that are parked there. Again, we looked at the provincial growth plan and the provincial policy statements which require that within the built-up areas that we have to provide 40% of our intensification target. The subject property is currently undeveloped, as I said, could be developed with two single detached dwellings. The official plan designates the property as residential. The new housing is to be of height and massing and provide setbacks that are in character with the surrounding neighborhood. Again, the official plan provides a density between 20 and 40 units per hectare. This proposed development would have a density of 33.3 units per hectare, so right in the middle. The subject lands are currently zoned R1C, as I mentioned. The applicant is proposing an interior side yard of 1.8 meters instead of three meters. This again is due to the design of the site, but as I mentioned, if it was a single detached dwelling, the interior side yard would be 1.2 meters. So they are in excess of what would be required for single under the current R1C zone. To mitigate any loss of privacy for the abutting properties, the applicant is proposing to install a close board fence, and that is a requirement under our zoning for multiples of single detached dwellings. They have a setback from Church's Lane which is in excess of the 7.25 meters I mentioned, and that greater front yard will provide for some additional landscaping opportunities. Therefore in conclusion, we found that the application does comply with the provincial policies and the growth plan and represents an efficient use of urban service land, utilizing existing infrastructure. It aids in meeting a 40% intensification target. Lands are designated for residential development. And the official plan encourages redevelopment, or development of underutilized parcels. And the requested zone change will ensure compatibility with the established neighborhood. But what we didn't say here is that once these units are built, they would proceed through the committee of adjustment for consent to establish whether each unit could be sold and the land in front and back of the townhouse together with the unit itself would be individually owned. Therefore staff is recommending the Council approve the zoning by-law amendment application to rezone the property to an R3 zone, to permit the four unit on street townhouse development subject to the provisions that I outlined in the report. Those are the highlights. - Thank you, Mr. Herlovitch. Do we have any questions as Council for Mr. Herlovitch? Okay, seeing none, members of the public, you're advised that failure to make an oral or written submission at this public meeting will result in the Local Planning Appeal Tribunal dismissing any referral that it receives. Failure to sign the sign-in sheets will result in staff rejecting an appeal as per section 3419 of the Planning Act. Council will now hear from anyone other than the applicant who wishes to address Council for this proposed by-law amendment. Do we have anyone here other than the applicant? Yes sir, if you'd like to come forward? Is there anyone else, by the way? Is there anyone else here for the Church's Lane development other than the applicant who wishes to address Council? Okay, just the one? Okay sir, if you can state your name and your address, please. - Dan from 5743 Church's Lane. That piece of property there originally was my family's farm. So when it was developed from Mr. Branscombe, it was meant to be single dwellings. And so I hoped that it would have kept that way. I understand, we got to progress here with community. I was just wondering, could we maybe reduce the two story to a single level? 'Cause our city is becoming a retirement home for the people from the north side of the lake, and older people don't like stairs. So if we can have a single level instead or even like two families, or something like that, if we could reduce it? - Well, I can ask, Mr. Herlovitch, any comment on, is that more of a question of the developer or-- - [Alex] I believe that's for the developer. - Okay, so when the developer comes up, we can ask them the question. All right, thank you very much, thank you. Is anyone else other than the applicant? Okay, seeing none. Council will now hear from the applicant or his or her representative. - Mr. Mayor, members of Council, city staff, Emilio Raimondo, architect, representing Pat DeLuca this evening. I certainly welcome your questions. In terms of the preamble, we'd certainly support staff's recommendation. When we approached this project, we looked at compliance to the R3 zoning. So statistically, when you compare the project to the R3 zoning, we've met pretty well all of the requirements stated except for the side yard setbacks. Traditionally, in the present zoning, if this were a two story dwelling, we would require a 1.2 meter setback, and we've exceeded that setback by two feet at 1.8 meters. Also, the front yard has a comparable between the adjacent homes. Those homes are set back approximately 6.25 meters. And as Mr. Herlovitch pointed out, they're set back somewhat further. To make this development viable, there wasn't any consideration in duplexing this development that the developer felt that four units were applicable, after which planned policy, created a diversity of residential typology in the neighborhood, and certainly would add considerable value. Each of these units is in excess of 2,300 square feet in a two-story configuration, open-plan, so the intent is to appeal to a prospective demographic that would be able to afford this type of development. In essence, we believe it's actually adding value and diversity to the neighborhood. I would agree with Mr. Vaca, I don't think there's anything currently in the Planning Act today that would say a town home development would depreciate value. It's sort of a misnomer in a sense that today, real estate values have increased. That's a truism, so in essence, real estate value has increased in today's reality versus realizing any depreciation. There was a building elevation presented, I'm not sure if it's part of the slides, but I can certainly, I brought an exterior elevation of the development and what's envisioned. - These are single copies, or you brought-- - I just brought the single, okay. I presumed that it was on the slides. So that would give Council an indication of the quality the development proposed for this neighborhood. There was mention of an existing four unit townhouse development down the street. I think that appeals to a different demographic and market in terms of its qualitative aspects as comparable to what our client is proposing this evening. - Any questions of Council for Mr. Raimondo? No? All right then, thank you very much. I'll pass this along, just let the rest of Council have a quick peek at this. Oh, very nice. Pass that along. Just give Council one chance to have a look at this, then I'll close the meeting and I'll entertain a motion. I apologize, I know it's hot in here, everybody's warm. I know, I appreciate it. It's hard trying to minimize how many people are in here. It was nice and cool at the beginning, but when you get this many bodies in a small space, okay, the public meeting with respect to the proposed zoning by-law amendment is now concluded. Councilor Morocco? - [Joyce] I move the recommendation. - Motion by Councilor Morocco to move the recommendation, seconded by Councilor Strange. Is there any other, any further dialogue? Seeing none, we'll call the vote, all those in favor? Okay, and that's approved, thank you very much, thank you. So anyone that was here on this issue, here's your chance to head out. And then we're going to get to the topic everyone's been waiting for. (people chattering) Mr. Clerk, would you please introduce the next item on the agenda? - A public meeting is now being convened to consider amendments to the official plan to amend special policy area number 56 for the Riverfront Community Plan. Notice was given by first-class mail in accordance with the Planning Act on Friday, April 6th, 2018, and by publishing an ad in the Niagara Falls Review also on Friday, April 6th, 2018. Anyone who wants notice of the passing of the official plan amendment to participate in any site plan process, if applicable, or preserve their opportunity to appeal to the Local Planning Appeal Tribunal shall leave their name on the sign-in sheets outside the Council chamber. - Thank you very much. Now Mr. Herlovitch, our director of planning, will explain the purpose and reason for the proposed amendment to the official plan. - Thank you, your worship. This property probably is the only property that doesn't need an explanation of where it's located, but I will go through that in any event. So it's basically the northeast confluence of the Welland River and the hydro canal, and the property is outlined in red. So there's a total of 482 acres that is owned by the developer. At this time, Council is being asked to deal with only 120 acres of that land, it's outlined in red on the screen. Again, the surrounding land uses to the west is the hydro canal. There are some industrial uses at the northwest corner. North of that are largely single detached dwellings but there are some semi-detached and townhouse dwellings in that area as well. To the east is the Thundering Waters Golf Course and beyond that, Thundering Waters Village. To the immediate east is the Stanley Industrial Park. And to the south of the property is the, it's labeled here Chippawa Creek, but also the Welland River. The proposal before you tonight is to review a application to amend the official plan, to introduce a community plan for their development of the 120 acres. The applicant proposes to develop a total of, or provide a combination for 2,675 people, 879 dwelling units, 238 seniors housing units, and a 500 unit hotel and providing employment opportunities for between 1,800 and 2,800 people. The GR (CAN) submitted their application last September. Prior to that, the city had been working on a secondary plan. However, the applicant chose to reduce the extent of that property and to provide a comprehensive set of policies that will guide the development on a community plan basis. So I've outlined for you here part of the rationale that we've moved in this direction. So a large portion of those lands are of the 482 acres are provincially significant wetlands. So these areas, hatched in green, are provincially significant wetlands. These two ribbons of land, this large block, this area along the Con Rail Drain, a large block south of the railway tracks extending down to the Welland River and along the Welland River. So a large portion of these lands are undevelopable, they're a no-touch zone. There are some wetlands that were identified in the fall of 2016, here and here and here, so there are some small wetlands within the area that's currently being considered for this proposal for these official plan policies currently before Council. So there's a total of 234 acres of wetlands within that area so almost half of the lands. The proposal, as I said, is 120 acres, and those lands that are set out, those are the colorful lines here in the middle, were set out by the, following the principles of avoidance. So the wetlands providing mitigation and then providing enhancements. So those are the areas in which, by which we were able to identify the lands that could proceed within this phase of development. As a bit of background, looking at the air photos of 1934, a large area of the property south of the railway tracks, the former CP Rail line shows the disturbance of those lands. That was 13 years after the Ontario power generation, or HEPCO at the time put in the, in the power canals, it takes the water from the Niagara River to the reservoir at the north end. The 1954 air photo shows still a large area of the property still under farm activities. There is some regeneration of natural heritage features on those disturbed lands. 1968, we can see that there's still some land that is open, but the natural area is beginning to encroach further. And then the last slide, this 2015 air photo shows a large percentage of the property which is covered with vegetation. Also as part of the background, so in 2006, these lands were intact until 2008, these lands were identified for industrial purposes. You can see on the left-hand side of the screen, there is no provincially significant wetlands, there are no natural features identified at all. In 2008, Council considered an application by Pinewood Homes to, I'm sorry, by Mountain View Homes to change the land from industrial to residential, and they did identify portions of those lands as being significant and designated those environmental protection. So Council in 2008 took the first step towards recognizing provincially significant natural features. In 2010, we brought forward an amendment, and you can see the increase in size of those wetlands. That amendment was approved by the OMB in 2014, so again, we had substantially increased the size of those wetlands. In 2016, the Ministry of Natural Resources and Forestry went out again and those wetland boundaries were further expanded. The area that we're talking about is for, under this phase, these policies, is right in here, and I did identify these additional wetland features that were identified by the Ministry in 2016. So as part of the application that was submitted to Council for consideration, they were supported by a number of studies. These were required by planning staff, by various agencies, by regional government and the Conservation Authority to move forward. So the developer provided for us a draft set of official plan policies. They provided a planning justification report. They provided a summary report of that earlier this year. They provided an environmental impact study. There was an addendum done as recently of March of this year. They provided an infrastructure, storm water and wastewater studies. They submitted a storm water management memorandum. The transportation master plan was also submitted and there was an update to that, there was an assessment in April of this year working with the region. There was a phase two environmental site assessment submitted in April of 2017, air quality for noise vibration feasibility, and then a peer review of that noise vibration for land use compatibility was done in March this year at the request of the region. We've had a series of public consultation. We certainly had good attendance, we had two sessions at the Gale Centre. We had estimated 150 to 200 people at each of those sessions. You can see the kind of interest that was expressed, we can see the interest represented in the Council chambers tonight. This is certainly something that the public is totally engaged with as being informed. Those studies that I mentioned have all been made available to the interest groups as well as our agencies in our internal department. This whole application is premised on a natural heritage system. So this is, and I apologize, the map might be a little hard to read, but I think what's important to show here, those turquoise areas on the screen are the provincially significant wetlands. There are some golden orange colors. There's a bird habitat that's identified in the legend. There are woodland features identified. And then you can see large areas of gray largely around the area that Council is being asked to consider tonight, this area, and this area, which have the fewest number of those features. So basically again, avoidance, mitigation and enhancement. The PSWs have been identified. The applicant is not asking that we affect those. They're designated environmental protection now in your official plan. That's part of what Council has already done. There are those pockets of provincially significant wetlands, they're shown here, there's one, the road runs through there. This green triangle is a park, there's a wetland in there. And so what the applicant is doing is trying to avoid those. The applicant has also made a submission to the Ministry of Natural Resources for reclassification. Until that happens, staff's recommendation is that those lands be designated environment protection, they are PSWs. We do have policies, we're recommending policies that in the event that they are successful with the Ministry and having those boundaries either reduced or removed through reclassification, then the adjacent land use would prevail. So in the case of this, you can see the bottom end of a wetland right here, this is residential designation, that residential designation would apply to the property. As well, the applicant looked at threatened and endangered species as part of its environmental impact study. And they found that while there is, over the broader landscape, habitat for threatened and endangered species, the feature at the left which is labeled here as FOD 7-3 was initially identified by the Ministry of Natural Resources as a wetland, and that was modified and declassified, but it is an area where there could be significant species and certainly part of that could be a potential bat habitat. That will not be known until the acoustical studies are done in June. There are eight trees in that FOD 7-3 area which have the potential of providing roosting sites for bats. The Ministry of Natural Resources has done further mapping and they've identified that there are some threatened species, the Dense Blazing Star, which is outside of this area that Council is considering tonight, and then there is the coffee tree, and so the coffee tree is to be identified as a significant species. Again, so part of that FOD 7 area, part of the significant wildlife habitat, the Conservation Authority is satisfied that there will be no negative impact respecting bats. At this point, as I say, the acoustical studies are to be done in June, but there are permit, it's a permitted system. Just to clarify, deviate from the slides a little, unlike provincially significant wetlands which are a no-touch zone, bats being an endangered species, it's not that you can't remove their habitat, you have to apply and receive permits to remove a habitat that might house bats, and then you would have to provide some mitigation, again, that's part of what has to happen here. So our policies provide for that. And in fact that area, FOD 7-3 would be identified in staff's recommendations that it be a holding category until those studies are done. So again, we recognize that there is further work that needs to be done. Similarly, amphibians need to be studied. There was some additional fieldwork conducted in April of this year because that's the time of year when salamanders and frogs are mating, and so that's definitely the breeding period. So they did do work, and those outside agencies have not yet commented back or have commented that they need some additional clarification. So until those agencies are satisfied, this land will be put into a holding category. The consultant looked at significant woodlands, and so the areas are kind of a bright green color are woodlands now, and they are marked with an X. They have a high concentration of ash and elm, both hardwoods. There is a significant loss rate due to the Dutch Elm disease and the Emerald Ash Borer, that's expected that within two to five years, most of that tree canopy will be lost due to disease and insects. As a result of that, typically what happens is the current infestation of buckthorn, which is an invasive species, will begin to take over and again, so that is not a significant plant species by provincial standards. So the Conservation Authority and the region both accepts the findings of this work done by the environmental consultants, and so we're satisfied that those woodlands could be removed and subject to development policies outside of this. As well, there are opportunities then with the removal of those that we provide enhancement of other wooded areas, so enhancement includes removal of invasive species, removal of buckthorn, so it ceases to dominate the wooded areas, and then replanting with new hardwoods of a native species. That would require a resource management agreement to basically address the habitat relocation, so if we were removing trees, we can require that trees be planted elsewhere. Those trees are threatened and expected to be lost, as I said. There could be a letter of credit obtained to guarantee that those works do actually occur. As well, we looked at land use compatibility. The businesses in the Stanley Industrial Park which is on the left side of the air photograph, or right side of the air photograph have expressed concern about land use compatibility, and staff have looked at this and our concern is with respect to the concrete batching plant, which is located on this property. So we've basically taken a distance measurement of 300 meters, almost 1,000 feet, which is following the D-6 Guidelines of the Ministry of Natural Resources, and there is a portion of the developer's land that would fall within that area of influence. So we have identified that. We recommended that this would be an area identified with an arc where there be further studies that would be detailed, that would be submitted at the draft plan of subdivision application. So again, policy recommendations that aren't in the developer's original submission, but we feel would protect Council's interest. As well, transportation and servicing studies were submitted the proposed improvements to be made by the region. To Mcleod Road, this is part of their transportation master plan, have identified that there would be sufficient capacity with those improvements to accommodate the proposed development. The conversation about a bridge crossing over the Welland river is not required, given the current extent of development that Council is considering this evening. The monitoring of traffic generation and conditions will be needed as development proceeds, and this will assess the performance of the Stanley Avenue and Chippawa Parkway intersection, and an EA, an environmental assessment will be needed for improvements that would be made to Stanley and Chippawa Parkway and Dorchester and Oldfield intersections in the future. As well, servicing, the pumping station and force main is needed for this development. The high lift pumping station has capacity constraints during wet weather flows, and so the proposed development will have to accommodate those constraints and be addressed through studies at the subdivision stage. An environmental assessment will be required for the construction of the pumping station to accommodate this development. So the sewage would be pumped from the south end of this development north to Dorchester Road, from Dorchester, would reach the high lift station by Walmart and from there, it would be pumped north to the north end treatment plant. The question of secondary plan versus community plan, these lands are identified in our official plan as special area 56. They call for a secondary plan to proceed development of the area. The area of development is significantly constrained. I outlined that with the environmental conditions and natural heritage features of the site, and therefore that we're dealing with a much smaller area of development than was anticipated at the time of official plan amendment 81. So in preparation, a community plan was undertaken and is comprehensive. It followed all the same steps that would be taken to address a secondary plan under special policy area 56. So it looked at residential in compliance with green field policies, the separation and buffering of sensitive land uses, I mentioned that, the distance separations from industry to residents. I've addressed the requirement for municipal services, including roads, water, sanitary and storm sewers. The submission included numerous studies, all of which we would have required as part of a secondary plan they've met for this community plan. The official plan amendment represents a comprehensive report, approach, rather, to satisfy the requirements for a complete community under the provincial policies and under the growth plan for the Golden Horseshoe. As well, once this plan moves forward, the implementation would include submission of subdivision plans and zoning and amendment applications, which will necessitate submission of further detail studies and refinement prior to development. And those applications would be considered in an open and public process under the Planning Act. So staff has made a list of 27 possible recommendations, or modifications rather to the official plan amendment. This is a standard protocol in the days when our official plan amendments went to the province of the region for approval. The region often modified the policy, so staff is making recommendations to Council tonight that certain features be considered. And so I won't read all 27, we might be here 'til 10 o'clock with just me speaking, but certainly, provincially significant wetlands, this subject property are to be designated as environmental protection, I've identified that, that Schedule A would be amended to reflect the current MNRF mapping, and that there would be policies that it would address the specific reclassification of PSWs should that occur. We're recommending that Schedule G of the official plan identify that area FOD 7-3, I spoke to that several times, with respect to the significant wildlife habitat as well as the coffee tree and the other features. As well, we're recommending that the work permits would be required under the NPCA regulations. Those will be added. The proposed amendment would be modified, including maps illustrating areas for woodlot removal and areas for rehabilitation and enhancement. Those are all part of things to ensure that we are protecting the natural environment as we facilitate development. Again, transportation impact studies would be carried out. I mentioned already at number 19, Schedule G would be modified with the distance separation arc. And then kind of number 26, the proposed amendment would include technical modifications. The proposed amendment would be part five of Section 2, that's the same area where we have all of our secondary plan policies, so we would have the community plan policies entered into that portion of our official plan. We would have special policy area 56 modified to contemporize the policies and to allow for the passing of this community plan. Schedule A would be modified in the official plan to reflect that updated PSW mapping to designate the mixed uses requested in the tourist commercial area and the creation of Schedule G in the official plan, and the creation of appendices to illustrate the areas of woodlot removal so that we know exactly where that is. And then last, that the amending zoning by-law be changed from currently general industrial and environmental protection and development holding, and those would be, would go from general industrial to environment protection zone and development holding zone in order to ensure that the developer comes back with the implementation plans. So the conclusions are that we feel that the proposal to amend special policy area 56 in advance of the secondary plan can be supported. The proposed amendment is comprehensive in nature. There are extensive number of studies that were submitted supporting the proposal and those have satisfied Conservation Authority, the region, and our internal departments. The subject lands avoid lands, are constrained by PSWs, and a series of modifications are recommended by staff. Therefore it is staff's recommendation that Council approve the application to amend the official plan before you tonight and change the current zoning of the subject lands to development holding and environment protection, and that this all be subject to the recommendations outlined in the report. And those are the highlights. - Thank you, Mr. Herlovitch. Do we have any questions of Council for Mr. Herlovitch? Okay, seeing none. Just before we start, ladies and gentlemen, we do have a list, a number of people have signed in that have requested to speak, and we're going to start with that before we get the applicant to present. So a couple of comments, number one, if you have a cell phone, I'd ask that you please turn it off, or at the very least, turn it to vibrate. Secondly, remind everyone of decorum. These are the rules of order in the chamber. We're going to ask that you not clap, not cheer, not jeer, please don't boo or yell out. This is a public meeting for Council to gather input for the public. We ask that you be professional and respectful. We're going to give you a maximum of five minutes to speak. We're going to ask that you not repeat, because if you do repeat, we're going to bring that to your attention, and your speaking time will be done. So we're going to ask not to repeat the same points over and over again, we get it. The other thing we ask is if you please, be prepared, so we can come up in an orderly form, in an orderly fashion to get your comments. When your comments are concluded, we'll then have the applicant and their representatives will address Council. Council will then ask questions. There will be no more comments from the public, and then Council, once we close the public meeting, will make the final decision. Everybody good with that? I know it's hot and I appreciate everybody's probably a little bit uncomfortable. I'm not sure what's going on. We reached out to our mechanical people to find out why it's so hot. Hopefully we're going to get a hold of them. So first thing we're going to do, ladies and gentlemen, is we will hear, I'm going to first read a little bit to you. Members of the public are advised that failure to make an oral or written submission at this public meeting could result in the Local Planning Appeal Tribunal dismissing any referral that it receives, if the party has not made oral or written submission at this public meeting. Council will now hear from anyone other than the applicant who wishes to speak to the proposed amendments. I will start reading from this list and we'll have them go in this orderly fashion. So the first person on the list is Patrick Chow. Is Patrick okay? Sir, if you can come to the microphone, please state your address. - Mr. Mayor, ladies and gentlemen, my name's Chow, Patrick Chow. I live in 6072 Eagle Wood Drive, backing to Thundering Water Golf Course. So this project have direct impact on me because it's in my neighborhood and community. Before I start, I would like to tell you a story. I'm a storyteller, okay? I want to tell you a story about China, business development model. They come and build, they sell, and then they collect their money, and gone. And they come to our location, they do the same thing, build, sell and gone. And they have no long-term commitment to our community. We'll be left behind, holding a bucket of trouble. They sell, they don't have long-term commitment. And the new owner will be there. The problem is that there's no coordination about the mix of business in that particular location. For example, one story in this journey, they announce law, they'll be very selfish. This is what happened in China. And they're going to clone the operation and bring it over to Canada. I'm not kidding. Look at their plan, look at their development. They're building a concrete forest to replace our own natural one. Have you seen that? It doesn't mix, doesn't blend with our environment. I can give an example. Look at Great Wolf Lodge. They build up a big log house. Acceptable to us, blend with the environment, integrate with our value. And these people, they don't know about Canada. The chairman cannot speak English. They just want to transplant, something is workable in China, and bring it over here. I call this a cultural invasion. It is going on with our value. And what you see the development, is eye-sore. When they are gone, the people don't maintain it. It is custom for China, Chinese people, not to maintain their property. And who will be the buyer? The buyer from China. And there's one big, big, big problem. Some people may use this property as an immigration vehicle. They come and buy and develop, and they get immigrant status, and they sell it, flip it. And then when they come, and all alone, and they have no intention to develop the business for the benefit of Niagara Fall people. Have you considered this? Just a major, major concern. Also, Niagara Falls is a resource, but they want to bring in commercial, residential, and entertainment business into one part of land. Have you ever seen a success story like this, to bring in residential, commercial, entertainment in one place? Never happened anywhere else, not even in Las Vegas, right? Now they are so brave to bring in this new concept into our land to fall into our throat, to get it. I hope all of you will consider consequence, they get their money and run. We get all the trouble, we will never see them. And the project will be eye-sore to us all. That's all I wanted you to listen. - Okay, thank you very much, sir, thank you. Next, I've got Joyce Sarkey? Joyce Sarkey? Can I have you state your address, please? - Yes, good evening, my name is Joyce Sankey. - Oh, I'm sorry, Sankey? - Yes. I live at 7015 Garden Street in Niagara Falls. I'm with the Niagara Falls Nature Club. We protested the removal of trees from this site in 1992, and again in 2008, but much of the forest was destroyed. I'm not against this development, I'm against this development being built in the Thundering Waters Forest Complex. People in Niagara Falls have been told the subdivision would provide between 1,800 and 2,800 jobs. This is not a promise, the developer would not have to provide these jobs, just employments lands. Business could locate in the subdivision, but could also locate elsewhere in the city. By locating somewhere else, they could revitalize an area of the city that needs this, be near transit, and not destroy a natural area. Many of the jobs in Niagara Falls are in tourism. They are often low-paying and not full-time year-round. People in Niagara, people who voted in the current Council need affordable housing and not expensive gated communities. It may be cheaper for developers to build in virgin lands, but it is an economy that Niagara can no longer afford. I have questions on the wetlands. Who will have ownership of the wetland areas if the development proceeds? Will the development be a private gated community? Will residents of Niagara Falls living elsewhere be able to walk there? Who will ensure the wetlands are protected? I have great concerns that the wetlands in areas that cannot be developed are owned by the GR Investment Group. The developer has spoken of her desire to flood the wetlands with water from the Welland River. She has talked of ensuring that the vernal pools do not dry out. She has talked about how the wetlands need fish. She may mean well, but if she does these things, it could destroy the wetlands. I disagree that the development could be built as planned and not harm the ecosystem. Thundering Waters has many wetland complexes. These are wetlands connected by forest, meadows, and other lands and they're very important to the viability and health of the entire ecosystem and the wildlife that lives there. Council, please think of the long-term. Please consider what you would like in Niagara Falls in 50 years. Should we be a huge veteran community, largely paved over? Could your legacy be that you kept Niagara green and healthy? Think of Niagara with a large, healthy park, a place to be with nature, clean air, clean water and flood protection. I think all of Niagara would thank you for giving those who come after us an enhanced quality of life. Thank you. - Thank you, Joyce. Okay, next up, Jean Grandoni. - Mr. Chairman, members of Council, my name Jean Grandoni, and I live at Rural Route Number 1, Garner Road, Niagara Falls. The dominant ecosystem here is being ignored. The dominant system here is the Welland River, prior to any development approvals either north or south of this major ecosystem. The Welland River watershed plan should be undertaken, completed and adopted into the official plans of both the city and the region. This would be following your own regional policy plan and the provincial policy statement, and I'm very disappointed in the region's letter, I think they're abandoning their mandate. Such a plan should legislate all forest, streams, flood lines and well water recharge areas to be protected, their being essential to this river's ecosystem health. Public access to entire river shorelines either by roads or trails and wildlife access provided by wildlife corridors must be ensured. To deviate from the watershed approach will result in a confused piecemeal river plan, leaving all ecosystems shortchanged and unbalanced and the public dissatisfied. Opportunity for use of the river and it's increasingly rare for us as a tourist attraction will be lost. Nature rules, nature fights back, nature shows no mercy. All over the world, rivers are flooding, and it's not just climate change. Lives are being lost due to mankind ignoring the need to respect floodplain and forest preservation. Political environmental maturity is sadly lacking here. Failure to do hydrogeological study. It is inexcusable that the foremost hydrogeological study has not been done as part of the environmental impact study. This means their consultants' EIS is incomplete and should not be accepted. The recent discovery of the karst formation here by Dr. John Bacher is evidence of this request. Hydrogeological studies were done as far back as the 70s, so why not 40 years later, when so much evidence exists proving the need for it? Such citywide evidence includes sewer infiltration, sinking sewers, basement flooding, sinking roads, sinking workers, lives near lost. These problems have become the taxpayers' burden, while the developer profits. Remember the Chippawa area approximate to the Welland River still has uncorrected sewer issues after 40 years. Such a major omission means that impacts remain unknown, and therefore, unprotected. Groundwater features are required to be protected by the provincial policy statement. Once honestly completed, study recommendations must be enforced to avoid above-listed problems, even if it means stopping entire development. Because of the omission of the Welland River watershed plan and hydrogeological study, this public meeting must be voted to be premature and deferred, and be careful, Council, if you're against, if you believe that, don't close the meeting, don't close the public meeting, with a motion by Council that the Welland River watershed plan be completed and adapted and the hydrogeological study and all missing studies be completed and supplied to the public with sufficient time for analysis. And I request a recorded vote on this matter. I have just one little paragraph of my concerns on the reports-- - [James] You've got a minute to go, Jean. - That there might be enough. I have concerns regarding one insufficient sewage capacity, lack of enforcement by NPCA of stormwater quantity control and that's unbelievable with what's going on around the world today, and concern regarding the NPC's condition that there need not be erosion control of discharges to the Welland River. Concern also that there appears to be no water testing done. Where are the Ministry of Environment comments on all of these points? Region's position appears to abandon its own environment policies already. Don't forge this, some 150 plus acres of forest destroyed north and east of the Oldfield Road that were a part of this complex, and this complex was listed as the number one study in your 1990, or the number one forest within the urban boundaries in your 1993 tree study, tree and woodlot study. And I think I would like to give the clerk a copy of my letter signed with these points attached because I didn't put them in with my original letter. Just attach that to that, please. Thank you. Mr. Mayor. - Just before you go Jean, I think Councilor Ioannoni had a question for you. - [Carolynn] Actually, I have a question for staff. - Okay, we're good, thank you very much. - Through you to Mr. Herlovitch, Miss Grandoni spoke about the provincial policy statement and that we have a letter from the region here that she was not happy with, but do we have a letter here from the province in regard to the hydro ecological study that she feels we should be doing? I'm reading the MNR letter, and they still have concerns. They actually have the same concern they had in the email that we received today from 2008, reminding us on what we passed them in a minute, but should we not, I guess my question is, does the province trump the region in requiring these studies to be done? - Does the province trump the region? Certainly a higher level of government, I suppose they could mandate that. I haven't seen any comments requesting that a hydrogeological study be done. Certainly, I did see a letter from Ministry of Natural Resources and Forestry expressing concerns. Most of those concerns I felt were addressed to the staff modifications, and certainly, we would be passing those, the modified amendment around to the province for their consideration. - Yes, continue. - Thank you. You feel that the modifications would keep the, would make the MNR happy, and they wouldn't be as upset as they are in this letter but-- - I don't know that. - Okay, so I guess I'm going to go back to my earlier question. Absent a regional requirement for that, and looking at the MNR letter, which states that they still have concerns about many, many issues you say that you're okay with here. Does the MNR trump the region? - I'm not sure, certainly the province does. I would say that the Ministry of Municipal Affairs would be the agency that would be responsible for that, but maybe their solicitor has a different opinion on that. - [James] Yes, sorry, Councilor, are you done? - Well, no, I thought the solicitor was going to answer. - I'll defer to Miss Pepino, who's here, when she gets a chance to speak. So probably the end of the 40 of one of the lawyers present in the room today. - Okay, thank you for that. Are you done, Councilor? - Yeah. - Okay, Councilor Campbell? - Thank you, your worship. Through you to the solicitor. Might we be making some decisions tonight that could be described as a thin edge of the wedge? And sometime later down the road, based on our decisions made tonight of whatever they might be, could it be possible that we have no alternative if we find out there are some serious concerns from the Ministry for the province that we have no choice but to move forward? - I'm not quite sure of the question. - What I'm trying to say is, we could be making decisions tonight that might affect our control or lack of control over future decisions once we get all the studies in. - I don't think there's any legal precedence here. This is a county matter. So I don't see how when we accept the study in a particular case or postpone a study applying to decisions in the future. - [James] Okay, Councilor? - I just want to make, I think that's a very important point. So I just want to make sure I understood you correctly. You think that perhaps a positive decision or an acceptance of this tonight might prohibit us later when things are taking place that we've already approved under a community plan? And I think it's important to note that I've been here 20 years, you've been here longer. Some of them being here since I was born. Really, he has, but the reality is, we have never passed a community plan absent a secondary plan. This is the first time we have ever seen anything rushed through like this. Just saying. - Okay, next, we've got John Bacher. And after John will be Daniel Nardone. Okay, you're next. - I'm Dr. John Bacher. I live at 134 Church Street in St. Catharines. I'd like to thank the ladies that let me sit here when I was in the stairs. I would begin with I was upset with the introduction by Mr. Herlovitch of the history of the natural heritage protection on this land. In his introduction, he made it look like it was a goodness of the developer. - [James] John, could you state your address, please? - Pardon? - [James] You didn't state an address, or did he-- - Yes. - I'm sorry. - Like it was the goodness of the developer that the wetlands were protected. When I spoke here in 2008, there were no protected wetlands here. I filed an appeal to the Ontario Municipal Board and I met with Mr. Ed Lustig, who was then representing Mountain View Homes, and we came up with an agreement that he has in his files. And in that agreement, I agreed to withdraw my appeal if the Ministry of Natural Resources had access to the site to do a wetland evaluation. And as a result, they were able to go out, the landowner had previously barred the Ministry from the site, they could not do a wetland evaluation. And as a result, they found species that they were not aware they were there before, like the black gum and the blue spotted salamander. And what was particularly outrageous, a third of the site was very good, it was protected, and it generally was seen as undevelopable, which is what created the whole sensation and fad for a wetland, what's it called, the trading or compensation offsetting, by the person, Johnathan Whyte, who's the leading person writing to you supporting this development was a leading advocate of wetland offsetting so he can make the site developable so you could destroy the wetlands that I tried to protect in 2008 by making an agreement with Mr. Lustig. That is why the protected wetland's here. That is why there is such a challenge to this development. Also, contrary to Mr. Herlovitch's statement that his report is protecting all the wetlands that are provincially protected, I refer you to his report. He has arrows to various wetlands that he is proposing to have EPA designation. He omits the very significant wetland with this Savanta report EIS calls Wetland Number 4. It's here, there's no red arrow in this report by Mr. Herlovitch recommending it be protected as an environmental protection area, and I don't think that's an oversight. We had a very eloquent statement from Mr. Chow earlier about mixing up all kinds of development, this is the epitome of that. You have in this document that Mr. Herlovitch is asking you to approve a three part split for this Wetland Number 4, one of it is to be residential, one of it is to be mixed use, and one of it is to have a road through the middle of the wetland. Also, Mr. Herlovitch's report maintains that you can build a road through a provincially significant wetland. - A couple of minutes, John. - That is contrary to what Ian Thornton said in his letter two years ago, that's country to provincial policy. Also I would urge that you look at the Ministry's report. They refer to two letters that have never been received by the Council. I think all this shows the need for a peer review. These are complex scientific arguments. The US Forest Service says that buckthorn does not replace dying ash, that the dominant species is oak. Sure, the tobacco companies spend out money, denying that tobacco caused cancer, but we should look at a peer review to make sure that these scientific questions are properly answered and not just rubber-stamped, self-interested statements by developers that do not maintain current scientific consensus. - Your five minutes are up John, can you wrap it up? - It's finished. I hope the wetland isn't. I hope that Thundering Waters, I hope the endangered species that live here aren't finished. - Thank you, sir. Next, we've got Daniel Nardone, Nardine. Can you state your address? - It's Nardone. - Nardone, okay. - Address is 95 Glendale Avenue. - [James] Okay, thank you. - I guess I came here because basically, I'm kind of looking at the, I guess the future beyond where we kind of stand right now. I guess I've got to know John Bacher quite well, and in discussions with him, I was talking about the Rouge Park in Toronto that has subsequently became a national park. I guess the first thing I could say I could ask for I guess is a bit of a repeat is that yes, having the peer review, by, say, North-South Environmental would be great, they've done one here before, but, like that peer review would be important. And then I guess in the, in terms of the people who want to develop here and they want to have more of a cultural mosaic in Niagara Falls, and Canada's known for cultural diversity, maybe look in having it built in an alternative location. And like I said, Niagara Falls being that it's known for the falls, a significant geological feature that is the falls itself, wouldn't it be interesting if it was, say, a provincial park like Short Hills or even, heck, could be the second national urban park like the Rouge Park in Toronto because I guess there's a lot of biodiversity here that currently that there exists there like there does in the Rouge. And that, like I said, I think the peer review would be the immediate, in the now and into the future looking to making this full area essentially, potentially a national park because of its vast biodiversity. Thanks. - Thank you very much. We've got next William Rapley. Not sure if I got that right? - Yes. - State your address, sir. - Dr. William Rapley in 14 Crimson Drive in St. Davids. I've been there five years, but I did grow up in Stoney Creek, and I know the area quite well. I've been a naturalist my whole life, but I studied zoology and vet medicine at the University of Guelph, and I worked at the Toronto Zoo for 36 years, so I was the executive director conservation, education and wildlife, part of the operation for 26 years. We are very concerned, we do a lot of field work, and the endangered species and threatened habitats, all the things I've seen, about 80% plus of our wetlands have been wiped out in Ontario. And this is a gem here, I'm familiar with this site. It has old growth forests which are amazing and my colleague Dr. John Ambrose and many scientific people out there are very concerned about what's happening here, but here with Carolinian Canada, used to work with us restoration ecology at Toronto Zoo and so on, that some of the gum trees in the region here are over 600 years old. So wetlands need buffering. I've been out at the site. I just want to say that I support a report from Dr. John Bacher who has filed a really detailed report, it should be totally reviewed, and everything should be answered that's in there. I don't understand, I worked 40 years plus on every committee you can think of with the Ministry of Natural Resources, including the Species at Risk Program Advisory Committee for the Endangered Species Act in Ontario for four years. I don't understand why you would even consider moving toward without doing the proper studies that need to be done. What about the breeding birds? What about more amphibians studies? What about these bat studies? What about the hydrology? We know that there's underwater springs there, we were looking at this on site, and a proper hydrology study needs to be completed. And also the impact on the river. I studied environmental toxicology at Western, I was in a group there for seven years, in environmental areas. The impact on your river system and your Chippawa Creek and so I could be immense, and you need to really sort that out. So I worked with the Rouge Park for over 40 years in different aspects of programs there, and I would say yes, you have an opportunity here to save this gem in this area and do something. And when I think of our programs, like Adopt-A-Pond, Frog Watch, Turtle Tally, the plan, Guardians and all that that you have education opportunities to engage young people in environment and nature. I work with the three nature clubs here in town, I work with the Hawkwatch in Grimsby, I'm a member of the Brody Club at the University of Toronto, I've had academic appointments at many universities and all I can say is this is not to be taken lightly, this is a big decision, and you really should do things properly and thorough studies must be completed before you make a decision. Wildlife is important, and these healthy ecosystems are important for human health just as much as they are for wildlife health, and I think you've got to take a look at that. So quite a bit has been said. All I can say is more diligence, more proper studies, peer review absolutely needed, don't jump into this before you do a proper job. Once it's gone, it's gone, and it's another big, beautiful area of natural habitat that is wiped out and gone forever. - Thank you, sir. Councilor Ioannoni? - Thank you, and I'm trying to keep up with the questions, and the question I asked before when Mr. Nardone spoke and now Dr. Rapley just reinforced for comment, in the communication from the MNR it says a number of statements in the OPA refer to key wetland features. It is unclear what key wetland features are. Are these different than provincially significant wetlands as confirmed on site by the MNRF? In addition, Objective B on page six states to maintain and improve the hydrologic function of protected wetlands, but it is unclear to us what this means as development and site alteration is not permitted in PSWs. It would be appreciated of these objectives could be clarified in the context of provincial policy. So perhaps Mr. Herlovitch can clarify that in the context of provincial policy, 'cause he did just state he hadn't read that from the MNR in regard to the hydrological studies. - [James] Mr. Herlovitch, did you get that? There's a lot. - Sure, I'm not sure that I got it all, but I got was that MNR says there shouldn't be any development of PSW. I said the same thing. I said that our staff recommendation is to recognize the PSWs that are within this subject land, 120 acres, as EPA. So in essence, no development zone. I can't say anything different than that. - Okay, thank you. Yep, Councilor? - Okay, he doesn't really have to answer my question, but I guess what I'm, for you, Mr. Herlovitch, if a secondary plan is what we would generally be using to look at a piece of land this large, and that's what we should be doing, a secondary plan, not this piecemeal community plan, but if we approve this secondary plan, does it then have to go to the region to be approved? When I read this, do I understand correctly that it doesn't have to go to the region, it's going to stop, the decision stops here? - The secondary plan has to go to the region, and I'm going to go to the John Barnsley with our community plan. - No, it's not required. - So the region would not require the community plan to go to the region for approval. - Which I find awful. - Oh, that's the region's decision, it wasn't mine. - No, that's how we manipulate it into a community plan, so that it doesn't have to go to the region, but I guess-- - I had no idea what the region would say before we submitted the application for them as it was provided to us. - Well maybe we should have checked that, but I guess my comment in regards to this community plan opposed to the secondary plan is if we need a secondary plan for the whole property, then we could really do the whole property minus one acre as a community plan and not need a secondary plan approval at all. The secondary plan approval to the region is our insurance that every single solitary thing is done right, and I think this is piecemeal, I think this application is ripe for appeal on planning issues from start to finish. And I'll be glad to listen, happy to listen to more speakers. - Okay, thank you. We've got next up Owen Bjorgan, and then Dianne Munro. - Hi everybody, Owen Bjorgan, I'm a Niagara-on-the-Lake resident and I've seen many of these faces before as many in the ones in the crowd behind me. I'd like to use my five minutes wisely today, and I submitted a YouTube video link to Bill Matson. We're going to play it at the very end though, not just this instant, so if you can just pause, please. Press pause, please. (gentle music) Thank you. Okay, that's great, thank you. So play that for the last two minutes, that's approximately how long it is. Again, I'm here again, and I don't want to sound like a broken record. I've told all of Niagara Falls City Council about my concerns from a biology standpoint, from my schooling days with my Bachelor of Science in biodiversity, and also my experiences in Niagara's natural areas. I've told you about my fear, my ecological fear, of genetic inbreeding when we build around this ecosystem. As we've seen from the mapping, once we put in this potential development, those PSWs are essentially boxed in. I fear of the invasive species that are going to now have that just that extra bit of avenue and a line to enter the provincially significant wetlands. And as we've heard at a public meeting once before, they're provincially significant wetlands until they aren't anymore. So I'm fearing this ripple effect that is going to wash over this property, and next thing you know at 10, 20, 50 years from now, the development can continue in sprawl. And I have a very interesting story. So instead of going on with my usual scientific, biological explanations, I want to mention a quick story. And this occurred about, oh, maybe two months ago, and I had the idea, just an idea, that I wanted to run a community garbage cleanup on the perimeter of the property. Not the inside of the property, strictly on the perimeter of the property. I was going to invite the public. I didn't make any official announcements or dates or times. In fact, the only people who received any sort of formal or official invitation, if you can call it that, was you right here at Niagara Falls City Council, and the mayor. And very interestingly, about a week after that, I had an email pop up, and it was from GR (CAN)'s lawyer that said if I had run that garbage cleanup on the perimeter of the property, I would be arrested on-site potentially, or be fined with $10,000. And that was for a garbage cleanup under trespassing on the perimeter of the property. And the irony to me is you have people illegally trespassing there every day to dump their garbage, to illegally hunt wildlife, and to get to all sorts of other activities, dirt bikes and ATVs, you name it, but they took the effort to email me and stop and garbage cleanup. And I also took that personally as a notice saying, well, I think this is squashing my usual environmental efforts, which I'm very passionate about in the Niagara Region. And I often use photography as a tool, an education tool which many of you have seen to promote the importance of the biodiversity of this property which I truly believe in Niagara Region and on the Niagara Peninsula. In terms of quality and quantity, there's nothing much else like it, I spent and logged a lot of hours in there. And it's frustrating at times too because it's left to what seems to be people like me as citizens, coming up from Niagara-on-the-Lake who have to tell these things to you and we have our Conservation Authority telling the public that we can recreate wetlands without the scientifically-backed evidence to do it, and I've asked them for this evidence, I still haven't seen it to this day, and I find that very interesting. And then we have yourselves here who have been left in the dark many times, as I've seen here standing at this exact podium. So because I'm a law-abiding citizen and you won't see me setting foot on that property, I have a video I've made for you today where we're going to look at it from above, so if you'd like to press play. Thank you for your time on that video. - Thank you Owen, thank you very much. Councilor Ioannoni? - Thank you, when you've spoke here numerous times, you talked about the inbreeding, the genetic inbreeding. And you talked about how with the development that close, it was going to spread into the PSWs. Just because they've made this development smaller, does that take the risk away? Because that's what we're being told now, "We're going to shrink this down, "we're not going to affect the PSWs." But with your experience and your education and your knowledge of that piece of land, is that true? - Councilor Ioannoni, my fear once again, from an ecological and scientific standpoint is even with the current mapping that we've seen today which would potentially go through, that property even, I'm sorry, that development even at that size still more or less boxes in the remaining provincially significant wetland, blocks it, so to the north,, we have the Oldfield Road subdivision which was a clear-cut, kind of a cut first, ask questions later sort of deal, and then to the west, we had the QEW, to the east, we have the industrial area, to the south right now, we're very fortunate that this ecosystem has this outlet to let genetic flow out by leaving that natural space that we, that is currently the proposed development area, and if we develop there, my fear is that terrestrial species, especially some amphibians, reptiles, mammals, et cetera, they're going to be in that area and when they genetically inbreed, even with the property potentially being developed as we've seen it today, it still boxes in the property, and genetic inbreeding in the world of biology is bad news. And then suddenly the species that make that property, or those wetlands, sorry, provincially significant might not be there anymore, again, 10 to 20 years, whatever it may be, and then suddenly, it's not a provincially significant wetland because they're not there. - So Miss Grandoni talked about the Welland River being the guiding, it's not my language, it was the ecological motivator, what are the adverse effects with that? - Oh, I see. If we, it's also very funny, I'd like to put the onus back on the Niagara Peninsula Conservation Authority, they're always preaching that they want better water quality in the Niagara Region, and here's a perfect example of how to maintain your water quality for places like the Welland River and Chippawa Creek. We need those filters or those ecosystem buffers along its edges and along its shorelines to ensure that the water is filtered properly, and the runoff and pollutants are maintained and that soil doesn't wash into the rivers, further tainting it and polluting it. So this property particularly with the development might go in, that area is what borders the Welland River for the most part, so I see there's extreme potential to keep it there and also to have, and to the city to gather those benefits from that property remaining there as it is. So again, as it is, I'm not saying I'm anti-development as I said in the video, this is just a matter of poor location, and we need to listen to science and make sound decisions. - Okay, thank you. - Thank you. Yes, Councilor Thomson? - Thank you, your worship. I'd like to direct a question to Owen. In Mr. Herlovitch's presentation, at one point, he suggested that there be some tree cutting take place because of the ash, and it stated specifically, if they were left untouched, in three to five years, it would be gone anyways. In my mind, that's what made these areas as being environmentally protected is that rotting of those trees, that back into the ground, the recycling of the growth process. So I think that even putting other trees in there would mess up that balance. Am I correct? - I wanted to know if you sat one of my ecology classes at Guelph 'cause that was a good explanation on your part. Here's the thing, these are ash trees, and as we know, the ash trees are dying because of the Emerald Ash Borer infestation, but as Mr. Campbell said here, just because they are standing dead trees biologically, it doesn't mean they don't provide habitats for birds to build their nests in, for birds of prey, which are the top of the food chain, to roost in and hang out in and look for food in. Also when they fall, they rot, and they return nutrients to the soil, they provide habitat for reptiles and amphibians. By the way, this property has probably some of the highest reptile and amphibian diversity I've ever seen or logged in Niagara Region, and therefore in Canada, being so far south here. So yes, these trees may inevitably die, biologically speaking, Mr. Herlovitch is correct on that note, I wouldn't be surprised either. However, their job to contribute to that ecosystem isn't done when they hit the floor or the soil by any means. - Can I ask one question? There was a reference to black gum trees. Are there actually any black gum trees, has anyone seen them? - Yes, and I think the best person to refer that to would possibly be one of our later speakers, Derek Jones maybe, but especially Dr. Bacher. I've yet to personally find it out in that vast 484 acres, but there are black gum trees on the property. - 'Cause when Council toured, I asked the ecologists if they can show us one, 'cause I have never seen one before, and they said they'd never seen one, just that there could be one there, not that they'd seen one. So I just was asking if you've seen one. - Personally I haven't, Mayor Diodati, but I would refer that question to someone like Dr. Bacher perhaps. - Thanks very much, Owen, appreciate it. Okay, we've got Dianne Munro, and then Ross Smith afterward. - I'm going to be very, very quick. My concern is one of the sociological one. What makes Canada great is that we are an inclusive society, a city within a city being built. This concept ghettoizes an entire segment of our society. While it is talked about being an inclusive community, there is no evidence that this is the intent or will be the result. In fact, by having their own schools, hospital and casinos, it indicates building a segregated community that is what they're going to do, and that is a complete and total antithesis of what Canada stands for. Thank you. - Thank you very much. Ross Smith. Just want to give time in case Ross is, are you Ross? - [Ross] I am. - Okay. Thank you, Mr. Ross. - My name is Ross Smith, and I live at 2698 Pluto Crescent. I don't have the background of some of the more immediate past speakers. And I'd also like to ask that when the developer speaks that they disclose where they live, and the person who's representing them in order that we might get some sympathy that they might have for this development instead of them being an unknown person. Is that policy that the developer or the developer's representatives don't have to identify who they are and where they come from? - Well, the representatives are consultants who they've hired, so it's probably irrelevant where they live, but where the developer lives, certainly we could ask them, that's fair. - So the person who represents has no interest in the project other than supporting the person that's paying them? - [James] Well, they've been hired, sure. - Environmental protection is sort of a buzzword these days. There's a lot jargon which goes with protecting the environment. We've heard some of them tonight about assessment, and accountability, sustainability, and degradation. It's given rise to a whole world of education to experts who speak about preserving the environment. I wonder whether those people are like a doctor and that they're trying to preserve life rather than to move it somewhere else. And it seems that environmental protection is a buzzword until something better comes along. How do you value what we make of value, the worth of something? We know we've got money in the bank. We've probably got value on the house. And then we've got intangibles like your health. How much is your health worth? How do we value the environment? Can we give the value in dollars and cents? Or do we give lip service to protecting the environment until somebody comes along and says it's worth X amount of dollars now? Does that change our attitude towards it? This area's a small, small environment, a small niche. It's home to species which have been talked about at previous meeting, and again tonight. What lives there in this ecosystem has no way of taking mastery of their environment, but I'm sure if there was any ability to carry out a survey they would all be proponents of NIMBY. Instead of us, it's this environment, not in my backyard, because there are adverse consequences which they are going to suffer because of that. Now, the team that is behind this has some belief or line of action to say that it's more valuable to them than it is to what's there at the moment. A wetland forest, a small remnant of what was quite extensive, and which is rapidly disappearing. At the meeting at the Gale Centre, the spokespeople for the development talked about trying to protect it, that they would offer to try to protect it. One of the experts from Guelph, a science person, already indicated that there was movement of a species south and west. So already the neon lights were having an effect, and it looks like we're about, as the proposal is to bring in more neon lights, which would therefore have an even more deleterious effect on what's there. A precedent is here on a protected area that we want to use in a different fashion because it's got a huge amount of value. One wonders why people would spend such an amount of money to develop an environment, or attempt to develop an environment which had some built-in protection around it. Were they naive? Or were they given some means of a suggestion that there was ways and means of getting around loopholes which might prevent it being developed in the way that they sought? We're all stewards of our environment. What legacy is it that we are going to leave? Can somebody in the future say that we were irresponsible? But you, Council, you are the stewards with the vote. Thank you. - Thank you, sir. Next I've got Paul Quinlan and Linda Manson. So, Paul Quinlan. - Hi, I'm Paul. Niagara Falls has enough boutiques and restaurants. There's enough redundancy. Optimist Park was the function of businesses moving from one spot to another. Niagara Square is presently sitting vacant. We don't need construction on top of this PSW. Also, with regards to government protecting things, the environment, I think of Montreal pumping trillions of liters of raw sewage into the St. Lawrence River. Flint, Michigan recently had a lead problem which affects children's brains. Niagara Falls, New York, recently pumped some black crap into the water, so the government has some issues with protecting the environment. Thanks. - Okay, thank you, sir. Next I've got Linda Manson. And then Anastasia. Yeah. - My name is Linda Manson. I live at 4732 Cookman Crescent. I submitted a 12-page document titled A Matter of Facts. Facts reinforced by Ministry of Natural Resources and Forestry comments and concerns, solid reasons to reject what is before you as premature at best. Facts only partially reflected in planning's long list of cautionary conditions. Bottom line, you can be totally in favor of this development, but not as presented tonight. MNRF's closing statement in Appendix 8 tells you why, "The environmental impact study "and information-gathering forms "are still not in the position "to fully inform the development of a land use plan "and future development at this time", end quote. Within that same letter, warnings of provincial policies being broken as planned. References to Table 4's lack of impact assessment on species at risk and their habitats, and critical missing studies. Beyond that, a peer review never done. As for planning's recommended rezoning to development holding and environmental protection subject to all 27 recommendations being satisfied, this OPA serves to prove how little a holding designation really means. And within those 27 recommendations, a deal breaker, number seven, actual downgrading of environmental protection areas to permit development and site alteration and habitat of threatened or endangered species. They're going to put the EPA on it and then put a modification that says that it could be built on. Because our official plan is too restrictive for the developer's plans, status quo is a no-go, so you are being asked to lower the bar. That Table 4 was intentional, as MNRT feedback warned us, quote, "This approach is not consistent "with the Endangered Species Act", quote, "Has not satisfactorily demonstrated "the absence of turtle nesting areas on site", quote, "Rare vegetation communities "appear to have been missed." And then there are those bat studies not done year after year after year. The list went on and on. MNRF staff experts have bravely risked jobs, battling political interference for years to protect natural Niagara Falls' Slough Forest wetland complex from destruction by this developer, stressing facts like there is no language and provincial policy to support a discussion of net effects or no net loss approaches. Savanta's response, quote, "This statement does not reflect ongoing best practices "being implemented elsewhere in the GTA." Perhaps, but not in PSWs, and this Council rejected biodiversity offsetting here two years ago for all the right reasons. Savanta's position, quote, "MNRF may currently feel obligated to fall back "on existing rules. "This project is being planned within "an evolving policy context. "GR (CAN) intends to continue refining "the project boundaries within that policy context", end quote. Fact, developers, city staff and Council are bound by existing rules, not evolving policy. MNRF noted that the EIS identified several potential negative impacts of development on adjacent natural heritage features and proposes several mitigation measures, but with little discussion of their effectiveness. Savanta's reply, "This work has been completed "at a secondary plan level, "where the suggested level of detail "would not typically be requested." Would that be the never finish secondary plan this OPA is bypassing? And what are the standards for our community plan? MNRF's repeated underlying warning that the city review the EIS for consistency with provincial policy. Environmental protection requires proper planning, determining what lands are available to develop, not destroying to suit the plan, the developer's rationale that post-damage assessment of environmental impacts will serve to inform more OPAs for more development is seriously flawed and reckless, given the significance of adjacent lands, an ominous warning of where this is leading, all without a peer review. And what real chance of environmental enforcement? The path to paradise, now riverfront, is littered with facts overlooked or denied, unanswered questions avoided or hidden, a bridge too far down the list to be factored in yet, but at taxpayers' expense if needed. Provincial policy violations in plain sight, and now recommendation seven, degrading of environmental protection designation to allow destruction of this endangered species habitat, the ultimate environmental betrayal. Is any project worth owning that as your legacy? With so much in complete unknown and at stake, this OPA is premature at best. Bottom line, you could be totally in favor of this development, but not as presented tonight. In a perfect world, somewhere else entirely. - Thank you very much. Next up, we've got Anastasia, and then Christa Barette. (crowd members cheering and applauding) So just before we start, we've got a question of Councilor Ioannoni. - Through you to Mr. Herlovitch, Linda made a comment on that the application has provincial policy violations all the way through it. Is that correct? And if that's correct, is that a planning issue appeal? - Anybody can appeal based on whatever planning reasons they think are legitimate. I have no idea what Miss Manson is referring to when she said that there are flaws or shortcomings throughout it. - Okay, thank you. Anastasia, it's all yours. - Anastasia Belashov, 9124 White Oak Avenue. I live in Niagara Falls, in the neighborhood to this project and for the change tonight, I actually do believe that this project will be good for Niagara. Just to go through the numbers, over 800 housing units, so 800 people will come and make Niagara their homes. Retirement units, more people will come live here. 500 hotel units, so there's a tourism section which is good. I work in tourism so naturally, I am very interested about tourism part. Over 2,500 jobs for Niagara Falls, this is big, okay? Now, Niagara Falls is tourism destination, and I think we're doing great, there's over 14 million people coming every year to Niagara Falls, but we can do better, we can have them staying longer and that project can be another great addition to our already existing attractions and venues in Niagara Falls. Think about convention center, how controversial it was. Big theater, and now it's coming, it exist, and it brings people, and that makes people to stay longer in Niagara Falls. Now about the project. If you look at the original plan and what they have now and all the research that was done about the project, all the research was done by Savanta people, I think it's great. I think actually, I have a degree from Brook University in tourism development, and I believe this project at some point will be in the textbooks as a case study of how things should be done in tourism to protect environment, to provide destroying the environmentally viable areas. And again, people from Savanta here, they know what they do, they also went to the university. Developers, to my opinion, they address all the issues about the trees, about the animals, so again, this whole list that was previously on the screen about the research that was done, again, in my opinion, I read it all and the way I see it, it was addressed, and there's more research to follow, so they're doing the right things, they're doing all the right steps. It's not that they're just ruining everything and building concrete, like in China. Jobs, jobs aren't bountiful in Niagara Falls. And another issue that was mentioned here before, immigration and jobs, I'm an immigrant, and I work in tourism, so I'm kind evil person for, not approved by many people over there, but there's nothing wrong about this, this country was built by immigrants. I came here in 2004 and I made this city of Niagara Falls my home since 2006, and I intend to live here. My child was born here and I want him to stay here, work here, live here. So for me, it's a home. For me, this project is another great thing that is happening in Niagara Falls. Thank you. - Thank you very much. (crowd member applauding) Okay, folks, I just ask please, we're going to try to maintain decorum. Next up I've got Christa Barette. Is Christa here? Okay. We haven't started the clock yet. - Okay. - Take your mic. - Okay, hi. I'm late. My name is Christa Barette and I live at 4436 Queen Street here in Niagara Falls. I had to run here, so pardon me. I run a tour company here. I've worked in the tourist industry for my whole life, since I've been old enough to work, and I've run my own tour company, Natural Niagara Tours, for the last four years, and it's a very successful tour company. And it's actually an ecotourism business that I have. Last year, I estimate I brought about 200 people to Niagara Falls with my eco tours who came specifically for my eco tours, to do tours of natural areas here in Niagara Falls. And then once they were here, they stayed, they looked at other things, they went to other tourist attractions. Ecotourism is on the rise, as other countries and cities are destroying their ecosystems. Places like China and other countries have destroyed most of their, in some cases, their natural places, and they don't have anywhere to hike. And some people I've had on my tours have never even been on a hike, and they are just, they love it so much. I think it's short-sighted to destroy this natural area because it's so diverse and beautiful. It is an excellent opportunity to create an eco-park for tourism. Ecotourism is very popular and gaining in popularity. In China, or in Japan, they have forest bathing is becoming a very popular thing, and you'll be quite surprised how popular it really is. Yes, people come to Niagara Falls because it's a natural wonder, and I find that when I a lot of these people come, they even are a little, I hate to say it, but a little disappointed to find there's not as many natural places for them to relax as they had once thought there were. The Niagara parks is beautiful and they're doing a great job, but they want more, people who come here want more, they come two or three or four or five times, they've seen everything else, they want something, an experience and nature provides that experience. I just think it's very short-sighted to destroy what could potentially be a world-class destination nature experience for tourists, especially given the climate of the world now. Yeah, I just think that that should really be considered. I think it'd be a really, bring it a lot of money for the city just like other tourist attractions have. Yeah, so, mmhmm. - Okay, thank you. We have a question, Councilor Morocco? - I just want to point out something, be very careful when you criticize other countries. I've been to China. China actually has some of the most beautiful areas, street-walking gardens, and actually, they have the largest blossom festival in the world that happens every year. So please be very careful, I've actually been to a lot of tour companies, and I highly recommend that maybe go there and check out their eco system and tours and eco tours and travel as well. 'Cause I think it's very important to make sure that you do have the right facts, okay? They do a great job with that as well. - Okay, yeah, that's fair enough. I will clarify my statement in just saying, just in the world in general, green areas and natural spaces are being destroyed at an alarming rate, and a lot of my clients who come on my tours have expressed that to me directly that not necessarily from China, but from even the States and other places that they really are missing that from their lives, that natural connection. And they are so grateful when they have it, and oftentimes, say they're going to come back again and they find it very enriching. So I just think it's short-sighted to even consider destroying this beautiful, rich, diverse area. - Thank you very much. Councilor Ioannoni? - Thank you. Christa, were the one who sent us the news articles that were in the newspaper? - No, that wasn't me, no. - So in our emails to that news article, it was in regards to the Minister recommits Canada, Parks Canada to ecological integrity. And in one of the letters we have, Mr. Mayor, you talk about how the Prime Minister supports development in international, bringing foreign investment into the country, but their own government yesterday made the comment that said maintaining and restoring ecological integrity requirements limits on development in national parks, particularly those where development can impact ecosystems' health. She said an independent working group will be struck by Parks Canada practices and provide approvals for development, and the group is going to report back by the end of August. But our federal government is acknowledging the fact that overdevelopment is hurting our own ecological and environmental system, and I'm glad to see that they're making that a priority right now. And I'm not sure who sent us this, but I'd like to thank them, it was very appropriate timing. - Oh, cool, but yes, just to clarify, I'm not saying China specifically, but just with the, all the forests being destroyed, people, if we save this area, we might be, become even more of a destination for the natural wonder that is Niagara Falls. People come here to see the natural wonder, and if there's none of that left, or if there's more of that even, I think it'll draw people here more. And, yeah, I think that's my two cents. - Thank you very much. - Thank you. - Okay, next up, I've got Joel Liosh, Leosh, Liosh? Is that right? And then I've got Frank DeLuca. - Thank you, your worship. My name is Joe Lioce. I live at 7655 San Augustine Crescent. So what I'd like Council to consider today is something that our friends outside these doors don't really seem to care too much about, and that's the actual impact of this development on people. And there's a couple Councilors here that seem to be more interested in what's going on with the bats and the toads than what's actually going on with the people that live in Niagara Falls. So if you actually look, there's about 2,500, that neighborhood, that many people can get housing as a result of this development. That's about 3% of Niagara Falls' whole population. So by closing the door on this development, you're actually telling 3% of people that live in Niagara Falls that you're not going to do anything to help make housing more affordable, by providing more supply, more supply, you get the demand, price goes down, that's the way basic economics works. And then you want to talk about the people, talk about the jobs. You put in these developments, think about all the plumbers, the electricians, the people working on the road, all these people, and you're more concerned about the toads and about the bats? Jeez. You know what? People were talking about China and the Chinese model of development, well guess what? They have had year-on-year consistent growth for over, probably over 10 years, double-digit growth. And now in fact, that economic development has led them to be investing back in us. And you guys want to slam their investment in the face? You want to say, "You want to bring, "you want to give us over a billion dollars of investment", and you're telling them, "Stick it, we don't want it"?? I'm done. - Thank you sir, thank you. Thank you, any questions, no? Okay, thank you, Joe. Frank DeLuca. - Hello, Frank DeLuca, 4341 Kilman Place. I want to thank you for allowing me to speak and allowing me to speak after that gentleman because I'm a lifelong resident of Niagara Falls. I do have a different take on this. I think that the original person who talked first, I think his name was Mr. Chow, I couldn't have said it better myself. I'm just going to add a couple of items to him, just for your thoughts. This particular development, if you were to walk from the bottom of Dorchester Road where the last development would be, would be just before Jubilee Drive, it's a kilometer to walk from there to this development. So you are a kilometer away from another development. I just want you to understand, I used to walk there when I a Kid, I used to ride a bike, and it was quite a distance, and then I used to run. But now, I should have run a little bit more, but that's besides the point. We have a perfect example, and I'll use this as an example. We had a development come in about 10 years ago, Warren Woods, and there was a very big promise, 2,500 jobs, I kind of remember the number, 25, 2,200 jobs. Where are those jobs now? Those construction jobs are over. If you were to take a tour of that subdivision at that time, you'd see blank vans, you'd see supply trucks from Toronto. Where do you think all that money went? It went back to Toronto. Profits went back to Toronto. The most important thing is, I think in responsible development for the city of Niagara Falls is our local developers. Our local developers live in the city, they're local trades, the money stays in the community, and then those people in turn buy those homes here in Niagara Falls. That is probably the most important thing when he talked about jobs, because those people work in this community, they'll continue to work in this community. I can, you know of many examples, Fernwood, anything that River Realty has done, Optimus is a beautiful thing, even though I'm not a big fan of it because of only one thing, but the community came together and we came up with a solution, and now I'm happy with that solution. Get back to the commercial aspect of it, I don't think that there is a subdivision in Niagara Falls that has a hotel in it. You put a hotel on Lundy's Lane, you put a hotel in the Fallsview area. I don't think you should put a hotel in the middle of a subdivision. You go back to the commercial aspect of this commercial node that they're going to build. We have commercial nodes in Niagara Falls, we have a major one right out here that is, let's say 25, and I'll be very generous, 25% vacant. Niagara Square killed Queen Street, the outlet malls killed Niagara Square, Walmart is now that whole area. We don't need anymore, we don't need anymore commercial. When we talked about residential, this particular project has 1,800 homes, so that's going to add another six years to our supply. We are fortunate and we do have a good supply of lots right now, so the availability is, for contractors, I think it is fine at this point in time, but this particular type of development is not going to help local developers 'cause local developers aren't going to share in this. They're not going to give lots to certain groups of people, like certain local developers so they can build, just like all the other subdivisions in Niagara Falls. Our real estate agents are people that have all the services to it, none of those people are going to benefit from this 'cause this is going to be another closed-door project. If they promise that it will not be a closed-door project, I would be more inclined to be a little bit more, allow it to happen. But the one item that I wanted to just address is that one of the biggest items I can honestly say is, and I'm going to leave you with this particular one is because the biggest question you ask about a development, does it conform to the neighborhood? So I'm going to tell you what the neighborhood is. To the east is industrial, to the north is PSW, to the west is the hydro canal, to the south is Welland River. So my answer that question is no 'cause that neighborhood is nowhere near anything else. Thanks. - Thank you very much. Okay, next up I've got Ed Smith and Taylor Telford. A letter from the voters, what do you mean? Oh yeah, from him, yeah. - I had a video that I had sent into, if you would, Mr. Matson, please, the shorter one. There's two videos, it's 45 seconds long. - [Man] Give me an example of what you might have learned in another city that you could bring to... - That's Jennifer Keesmaat, chief planning officer for Toronto. She actually just retired from that job about six months ago. I hope that what you paid attention to was the issues of public trust, openness, transparency and accountability. I want to-- - [James] Can you state your name please? And your address? - My name is Ed Smith. I'm from 140 Dalhousie Avenue in St. Catharines. - [James] Thank you. - A chronology of events in the process, as we on the street know it. On November 8th, 2015, mayor and staff go to China. The very next day there are emails going around within the NPCA, with officials at the NPCA and with a lobbyist in Toronto arranging meetings for his return. On November 15th, upon his return from China, the mayor's quite animated about what he feels he has accomplished and reports much of it to many people, including the media. At no time does he mention to the public that he signed an MOU with a foreign entity. In December 2015, the NPCA sends guidance to a lobbyist firm in Toronto, identifying Thundering Waters as the top of a list for priorities for biodiversity offsetting, and then they commenced to deny that for about a year afterwards. Mayor Diodati was CC'd on that email. The official story to the public is that biodiversity offsetting has nothing to do with Thundering Waters, and the NPCA is only eager to try it out for good scientific reasons. We now have the documents and we now know what the truth of all that was. December 2015, Regional Chair Al Caslin meets with the lobbyist in Toronto, a meeting he subsequently fails to recall. And when he is questioned about it by an integrity commissioner, he states that to the best of his recollection, he drove to Toronto to meet with this individual, not to discuss lobbying, but only because the person was interested in a job in Niagara. So we're to believe that the chair of the region went to Toronto for a job interview. January 2016, the NPCA board members begin a protracted effort to sell the concept of biodiversity offsetting through the region. As part of that effort, Mayor Diodati claims publicly that the developer has offered anywhere up to a 10 to one ratio for any wetlands that will be destroyed. This is later denied outright by the developer who claimed she never wanted anything to do with biodiversity offsetting, so to this day, we still wonder where the truth of that storyline is. April 2016, a document sent by lobbyists to NDP leader Andrea Horwath on behalf of the NPCA, together with the region and the city of Niagara Falls, touting diversity offsetting, and mentioning our most recent project located in Niagara Falls. If there was a most recent project located in Niagara Falls for biodiversity offsetting in April 2016, I would have assumed this Council was informed and aware. I know the public wasn't. December 2016, Mayor Diodati reaches out to the Premier, makes mention of an MOU he signed in China. Still nobody has publicly seen that MOU here in Niagara. January 2017, Mayor Diodati reaches out to the Premier again. He informs her that if the MNRF new mapping that it was done is allowed to stand, it will jeopardize the project. January 2017, the mayor reaches out to the municipal, the Minister of Municipal Affairs and calls the mapping that was done highly questionable. January 2017, Regional Chair Caslin also reaches out to the Premier, seeking a solution to the mapping issue. January to February 2017, Freedom of Information Requests are submitted to this city for that MOU by myself and I believe by at least one city councilor-- - [James] Finish up, Mr. Smith, your five minutes are up. - I will. The city denied the documents existed. The documents surfaced only after the Freedom of Information Request was sent to the Premier's office. In the interest of time, I'll wrap it up. - Okay, thank you very much-- - Jennifer Keesmaat, Oh, I wasn't done. Jennifer Keesmaat talked about transparency, integrity, and accountability in governance, in the planning process. I can tell you from the street perspective, from the citizens' view, we are the furthest from that that we could be on this project. Thank you. - Thank you. Yes, Councilor Ioannoni? - You said you had two videos. - Yes. - How long is the next one? - [James] Five minutes are up, Councilor. - It's about one minute. - Can we watch the one minute video? - The time is up, I'm sorry, we're moving on. We've got a bunch of speakers waiting, so we're going to have to move on. Okay, thank you very much. Yes, Councilor Morocco? - Just a point I want to make to the speaker, Mr. Smith, his presentation, about the mayor signing MOUs and doing business in other countries. My understanding is it's the mayor's job to go and source out projects and development in other countries to bring back for the growth and development of our city and to enhance it. At the end of the day, you can sign whatever you want, but this Council makes the final decision. So any MOUs and whatever the mayor might sign, we still have the final decision. So I just want to make that clear that-- - I'm glad you brought that question up then, Councilor. - We do have the final say. - I have the MOU that the mayor signed. The MOU that the mayor signed in the media-- - I'm sorry, but I'm not here to debate that. The topic is really about-- - I'm sorry ma'am, but you brought the question up with me standing here-- - But I'm just clarifying what the mayor's position is to do, but you can have the MOU, and if we could have the-- - The mayor signed-- - But we still get the say around this table. - So are you saying the Council doesn't have any questions about what was in the MOU? - [Joyce] Oh, we get to ask them, but we do make the final decision. - Thank you very much. Councilor Ioannoni? - I don't like him being spoke to like that. I mean, you let other people have leeway-- - [James] Councilor, can you ask your question? - Yeah, in regard to the MOU, it would seem to me, and I think we had a whole debate here when they, are we bound by the MOU? So if anybody here forgets the MOU, let me repeat, let me tell you what it says. It says the parties shall promote and increase the cooperation through the following, and it says, create an expediated environment for all forms of investment from party A to party B. It talks, through the entire thing, it talks about expediating. It talks about, this is one that I'm interested, and I would like when Miss Pepino stands up and speaks, it talks about organizing, investing, promoting activities, organizing and supporting the organizations of various briefings and seminars on investment opportunities on investment and immigration laws, regulations and policies conducting information exchange on other issues of mutual concern related to investment and promotion facilities. So when I asked the question why do we have a community plan here and not a secondary plan, I believe it's because we are fully following the intent of this MOU. And while we hear over and over it is not legally binding, we are still following the intent of this MOU. And yes, the mayor has a job, but his job's also to work with us. And as stated, the city he said I'm but one of nine, and the eight of us did not know he signed that MOU. So I take issue with it also, but I also take issue with the fact that we are closely following the agreement signed in this MOU. - For clarity, MOUs hold no authority whatsoever. They're goodwill gestures. I was there with the Premier, with the Minister of Economic Development, with the Minister of Tourism for the province. I signed that, and the only reason that anyone has a copy, including Mr. Smith, is because I asked the developers if they would release it. That's the reason we have a copy. There was nothing to hide. It was a goodwill gesture and we're reaching out trying to get business. - That's what I'm-- - And further, I'm talking right now, Mr. Smith, if you don't mind. And further to that, Councilor, you as well as the rest of the Council unanimously voted for me to go to China and for the developer to pay, you voted for me to go there, so you can't after the fact question what happened. I went there open and transparent, we went there, we released and ask them to release the MOU, and that's why we have it, and that's why we're talking about it today. So do you have any further questions about what we're dealing with here, Councilor? - Yes. Council can question what happened. - [James] I didn't say you couldn't question it. - You just said-- - What did I just say? - You started by going to China and the developer paid. So you can't question that. - I didn't say that. I didn't say you can't question. - You just said that. - You were the one who voted for me to go, so are you questioning yourself, then? - No, I am questioning the honesty and transparency that you did not give to this Council when you came back from China. - Really? - Yeah, I think I've been pretty clear on that. - We're going to have to agree to disagree on that one, Councilor. - Yeah, it's called debate, and that's what it is. - Okay, then we're having a debate, that's great. - But I have one more thing I'd like to point out. Part one of the memorandum, the parties agree that the objectives of this MOU are to promote investment and development and to create and facilitate regime through the following; Creating favorable conditions and supportable policies for the investment by party A or its related parties in the territory of party B. And that is what got the NPCA in trouble, that is what got Mr. Smith sued, that is how Mr. Smith won, because it's open, transparent and accountable, and Judge Ramsey said, in his dominion of Canada, we can ask any question we want. - Yeah, he said a lot of things, thank you very much. - Yeah, he's a judge, and he said you're wrong. - [Ed] I would love to have that public debate with you. - Thank you very much, thank you, have a great day. I got Taylor Telford and then Desmond, Desmond somebody, please. We got about another 10. - Hello. (crowd applauding) Hi, my name is Taylor Telford. I live in St. Catharines. My address is 107 Church Street. I was wondering because I don't have that much to say, there's been a lot said, if I could use my time to watch Ed Smith's one minute video. - [James] Yeah, you sure can. You sure can. - Can do we do that now? - [James] You can do that. Now, your address says 106 here, you said it's 107. - Oh, sorry. It's a dual apartment complex, I sometimes mix it up. - Okay, thank you very much. - Okay, I just want to talk briefly about a meeting that I had with four of my colleagues in June with Savanta. The meeting was regarding their EIS and many problems that we found in the very, very long document that they put out for us. I first want to say that we were not allowed to record the meeting. We were told before and during not to record anything going on. There is great concern expressed there, which makes me want to question the transparency and the overall company. The most disturbing answer to the question was directed at Tom Hilditch, which is the CEO of the company, CEO and president of Savanta. And we asked him what kind of studies he was looking at in order to inform his opinion that his research was sound. He said that his research on the matter of Thundering Waters Forest referenced his own research, meaning that the research coming out of the EIS is arguably a biased perspective. I just want to use the rest of my time to ask again for the hundredth time, can we please get another peer review? That's all. - Okay, thank you very much. Next up we got Desmond, I can't read the last name, I'm sorry, and Adrin Willems. - Good evening everybody, my name is Desmond Sequeira and I live at 198 Scott Street in St. Catharines. You've heard a lot of facts and wisdom from most of the people who have preceded me, and you've heard some fiction from a couple of other people too. My dear Councilors, I believe you have all the facts you need to make an appropriate decision. I want to remind us all about basic principles that overlook all the, or look over all the technology and the various struggles and arguments that we tend to have. We cannot play chess the facts of life and death on earth. The decisions you take will be on your consciences for the rest of your life. Directly responsible for the climate crisis we face is the active pollution of the so-called development and the simultaneous destruction of our most precious wetlands and forests, and the ecological life that inhabits them. It directly contradicts Canada's commitment to reverse global warming. Today, you Councilors have a sacred opportunity. Instead of being instruments of destruction, you can be instruments of life. You can choose to be on the side of our sacred lands, forests and their inhabitants, that include you and all of us too. You can choose to be on the side of our brutally abused for centuries First Nations brothers and sisters. You can choose to be on the side of Canada. You can be part of the solution of climate change for the entire world. I want to offer you some wisdom from Canada's First Nations. When every animal has been hunted, when all the waters of Canada are polluted, when all the air is unsafe to breathe, only then you and so-called developers will find out that you cannot eat money. That's a Cree prophecy. Another prophecy from our First Nations, treat the earth well. It was not given to you by your parents. You are loaned it by your children. We do not inherit the earth from our ancestors, we borrow it from our children. I want to remind you all too that this is not just about Niagara Falls. What you do in Niagara Falls today will send a message to all Ontario, to all Canada, and to the world. Please do the right thing. Choose life. Reject the request of this developer. Thank you. - Thank you, sir. Next up, Adrin Willems. And then Clarke Bitter. - [Man] Your worship, how many more do we have? - We've got two, three, four, five-- - Thank you Council, Mr. Mayor. - Looks like we've got 10 more. - Boy, it's running out of topics to discuss here, but I'm Adrin Willems from 41 Saint Peter Street in St. Catharines. I'm the member at-large on the Source Protection Committee for the Niagara Region. The development, I've had a year to kind of contemplate my position on the whole idea. Whatever Council decides is, I see the Democratic process is working. I'm proud to be part of this diverse community. They really are passionate about what they believe in, as am I. My concern is for people, and drinking water is paramount to that concern. I believe it was Hatch and associates that in 2007 did an analysis, a flow analysis on the Welland River when it reverts back to its natural flow, which is, according to my sources, which probably are not as reliable as some, should take place sometime in 2020. The IDZs, which is intake detection zones, are based on all the factors that infiltrate a water supply. Now, Hatch has developed this program, and it shows a plume that comes out of the Welland River when it reverts back to its natural flow that goes to the mouth of the Chippawa Creek. If the plume now comes out Chippawa Creek and flows into the tunnel, the new tunnel for the hydro project, and the position of the new water intake, which has, I believe, not been finalized, but that position is downstream of that intake, most of the effluent from the Welland River will go into that intake. Now, my concern is though that any development, especially a very large development, may impact our drinking water negatively. I'm not saying it will or won't, but I'm suggesting that we take a look at it before we make any decisions on what we're going to do and how we're going to mitigate any potential problems. It's mainly turbidity that we're concerned with, but again, all your water flow coming out of the new development would be going into the Welland River, or unless it was diverted and pumped somewhere else, but it will be going into the Welland River, and the natural flow of the wetland in that area flows into the Welland River. So ultimately, when they decommissioned that intake channel, we have a totally different waterway that hasn't been seen in 70 or 80 years. So before any consideration for what we're going to do here, we should at least look at the potential for our water quality in Niagara. I drink the tap water that comes out of my tap, I have great confidence in our local water system, we take great care to make sure that the citizens have clean water. This may be a moot point, but I think we should look at the potential to impact our drinking water. Thank you. - Thanks very much, it's Adrin? - Adrin, yes, thank you. - Thank you very much. Okay, next up, we've got Clarke Bitter. Mike? - You don't have to call me your worship. - Can I call you coach? - Yeah, sure. - Okay. - Oh, I'm coaching Clarke. - He's coaching me in the charity boxing event. Clarke Bitter, 4545 Homewood Avenue. Many of you around Council know me and know that I've been involved in processes like this for quite a long time. When I ran for the Green Party in the last election, actually in the by-election, I made a mistake at the Fort Erie debate when questioned on wetlands. I got it confused with the bay development in Crystal Beach, so I researched why there was such issues with wetlands in Fort Erie, and I found that there's no ministerial override, Minister Craitor will tell you that, when they were in Fort Erie, there was a proposed business coming in and they couldn't expand the factory because a bird had pooped where a truck had driven the last time it had operated, and the conditions allowed that that be named a wetland. The minister said she could write it by, she couldn't, it was the one legislation they couldn't do that, so they come up with the biodiversity offsetting white paper to allow for places that were designated as wetlands not to be used as wetlands so that companies could then expand on places like that. It was hijacked for this project. That paper was put out so that false wetlands could actually become, be moved, and it was hijacked for a project to destroy an area that can't be recreated. One of the problems with the Ontario Municipal Board, another thing that we were looking at in the Green Party to dissolve was that quite often, developers would come in with developments that were outside of the official city plan. Councils would reject them. The OMB would then allow them, based on things that others couldn't come up with, reasons couldn't be developed. So the province took the recommendation to dissolve the OMB. You all know this, they came out with this new legislation which basically says if it doesn't fit within your official city plan, it shouldn't be approved by Council and/or developed. This Council is being asked tonight to do an end run around that new legislation to amend the official plan to allow a development. If my shoe doesn't fit on my foot, I don't call my cut my toes off to fit the shoe on. You're being asked to do that tonight. This will be appealed, there are a few people here that are against it that have signed, that will appeal it. It will be a test case of the new municipal legislation. It will take years. This is not the way to do this, you don't go around a new legislation purposely put in to find the deficiencies in Ontario Municipal Board and replace it with a more just system just to turn around and say, "Well, the OMB would have allowed it, "so let's see if we can run this around "into the new municipal act." I don't think it's the way we want to set the precedent, I don't think the way that we want to be known in the province that we're going to test this new law. It's going to cost tens if not hundreds of thousands of dollars in court. Your planner in the very first planning presentation laid out why it should be approved. This one should be approved, or it should be denied for exactly the opposite reasons, it doesn't fit any of the reasons that he said to allow that first development at Montrose. This is not infilling, the province wants you to infill. This is taking a significant wetland and putting it at severe risk. It's putting residences in behind industrial lands which will then handcuff you when people actually want to put industry there. So now you're going to have industry come in and they're going to be told, "I'm sorry, you're too close to residents." I don't think that's properly looking forward, there's other places we can go, we don't need to sprawl, we need to infill. There's lots of empty spaces, there's lots of places to go, and I really don't think that the proper legal way to deal with this is to do an end around of new provincial legislation that replaced deficient legislation that many of you fought, many times, and the OMB would come back and reverse your decision, unexplained. And I really don't know, I guess I don't want to repeat myself again. - Thank you, Clarke. Do we have any questions from Council? - Okay, thank you very much. - Thank you, yeah. - Okay, next up, Martin. Just have Martin from St. Catharines. Okay, I guess Martin's not here. We got Tom Dockstader. Tom Dockstader. Tom. Is this Martin? Are you Martin? - Oh hi, yes, I'm Aggregate. Hi, my name's Aggregate. I think the boundaries of the wetland-- - Excuse me, first of all, what's your name? - My name is Aggregate Martin Munoz, 134-- - Okay, address your comments this way, please. - Okay, 134 Church Street. And-- - Excuse me, sir? - Yes? - You have to speak to the Council. You're here to address City Council, please. - Okay, hi Council. Hi, audience. - Start the clock please. - Citizens of Niagara-- - You got five minutes. And sir, what's your address? - Oh yeah, already done. - Pardon me? - I think they got it down. - Can you tell us or-- - Oh yeah, done. - [James] Sir, if you can't answer the question, you're not going to be speaking, what's your address? - Already been answered. - What is it? - 134 Church Street. - Thank you. - You're welcome. So, citizens of Niagara Region, and Councilors... - Sir, if you don't stand at the microphone, they can't hear you outside and they can't hear you on TV or live streaming. We need you to speak into the microphone, please. - Hello. Okay. This meeting is a pleasure to come to because it involves some things that are dear to me, natural spaces. And I'd just like to say that I've been surveying this business proposal, the boundaries of the business proposal. And they say they're going to take some PSWs, that's not a nurse, that's a person who, sorry, excuse me, that's the person who says this is a wetland that has magnificent plant species. I don't know, can anyone name a plant species that's in the Thundering Waters? Shout it on out. - Sir, you're here just to address us, okay? It's not a question-and-answer with the gallery. - Okay, well there's some buttonbush out there. There's some brown bats, some black bats. There's some salamanders. There's a lot of trees. Black gum tree might be there. It might be there, if you look hard enough, it might be there. The survey should be done. The boundaries of the development should be considered. There's wild roses out there. There's something called a Blazing Star. There's also, I heard there was some buckthorn out there, but I'm not sure if the buckthorn has the blueberry or doesn't have the blueberry, 'cause I was looking at the thorns on the various trees, and there's definitely some thorny trees out there. Might be a Hawthorne. The karst formation, that was magnificent, surveying the karst. Imagine this, 25, 30 feet deep, there's tributaries running in from both sides, they form in the middle, they make a little miniature Niagara Falls to rival the miniature Niagara Falls out front of here, and it goes into the ground. I cross football field sizes of vernal pools on ice. (speaking foreign language) There's lots of life out there. You go out there and you expect everything to be budding, all green, buds, buds, buds, little leaves coming up, well, the deer have eaten them. There's deer eating the buds all over. You can find out where the deer are just by looking at where the buds are eaten. It's right in the area that's proposed for the building. There's rocks out there, there's massive rocks. They're in the PSW. And the PSW is too deep to walk out in. I don't mind walking in a bit of water. Water's nice to walk around in, get a little slush, slush, slush. It's the salamanders that stir up all the nutrients in soil. It's ours, this is ours, right? Isn't this our land? This is all of our land, right? And we should be smiling about the celebration of life. I come in here, it's all doom and gloom and chasing this paper around, chasing that paper around. Stand upright, use your own eyes. Are we juggling? Are we having a good time? Are we saving species? Are we saving forests? Or providing this habitat for our children, all of our children? You guys probably have children, you guys probably went hiking when you were younger, 20 years ago. Do I get the one minute warning? - [James] You got 20 seconds, 20 seconds. - I'll take it as the one minute warning, and just close by saying ♪ O Canada ♪ ♪ Our home and native land ♪ ♪ True patriot love ♪ ♪ In all our sons command ♪ ♪ With glowing hearts we see thee rise ♪ ♪ The true north strong and free ♪ - Sir, your time is up, be respectful of the other people-- ♪ From far and wide, O Canada ♪ ♪ We stand on guard for thee ♪ ♪ God keep our land ♪ - Don't touch me, please. - Okay sir, just come on-- ♪ Glorious and free ♪ - Okay, next up is Tom Dockstader. Tom and then Karl Dockstader please, if I can have Tom come in here please. ♪ For thee, O Canada ♪ - He knows what he's supposed to do. He knows what he's supposed to do. Okay, we're waiting for Tom Dockstader, unless he's changed his mind and he doesn't want to speak any longer. Tom and then Karl Dockstader. So we got Tom Dockstader and then Karl Dockstader. - I'm Tom Dockstader. - Welcome. - I live at 513 Wilmot. But I also live in Fort Erie. Those are where my kids live, and I go back and forth. Anyway... Interesting. I brought my tobacco with me, just to let you know that first of all, your worship, and Council, as Bear Clan from First Nations, Oneida actually, we're taught in our nation, in our families, in our clans to be polite. So I'm not going to, I'm not going to take anybody on, but I will say this that one of the things that I'd like you to consider in deciding this really has to do with some of the misinformation. And I try not to say misinformation when I'm speaking, but I didn't hear anybody say that they were against development. I'm for development, I like that, I live in a house, I was born in a hospital, I shop, I drive a, I just got a brand new car, so I'm cool. But when I am going into the bush, that's what we call it, I go out to Oneida, if I'm around here, there's still some land left that you can walk into and you can say your prayers, you can watch things, not usually people, but animals, look at plants. I have a favorite picture of my granddaughter, I got a bunch of granddaughters, I think I got 10 or so. I only have two grandsons, so I'm surrounded by the influence of the water, as we say, women carry water, men carry the fire. That's what I know. But one of my granddaughters is seven. And I got two favorite pictures of her, not that I don't love my other grandmother, or my other grandkids, I do, but she has been into that bush called Thundering Waters. And if you saw her in that bush, she was in there with her auntie, this is my daughter, and my son, who's to follow, I'm very proud of them, they asked me to speak and I said okay. She's looking up into the trees, she's standing at the edge of some of these wetlands and the wonderment that's in her face means that she's (speaking foreign language) In other words, she's at peace, spiritually, okay? That might be something different that we do, not to say that you don't, it's just to say that, and I'm not talking about religion, but a whole person in (speaking foreign language) all people is spirit as well as physical and mental, so you use your mind. We call it a good mind. That's why we try not to be disrespectful because it's about respect for everything. And I even like coming in here because I have never been here before, but I've sat in a supreme court, and I've sat in Parliament in the past, Queen's Park, during all those constitutional things that were going on. That was a long time ago, but the point is that, the point is that as I look at her face, and the other time was, we have what we call a border that has, that's not the same border you have, we like both Canada and the United States, so that border is your two borders, and we respect that. You see what I'm saying? I respect the process that you're going through. I respect that you've stopped a few times and thought about things. I don't necessarily like how some of you carry on because as a chief, I'm supposed to carry the wishes of the people. I'm not supposed to be telling you what I did or didn't do in terms of justifying it, I'm just supposed to tell you what I did. And I have helpers. You would call them staff, you would call them council, it's quite right, the process is right, there's nothing wrong with your process, it's only in terms of what I would ask you to make that decision on behalf of, it's not just the salamander, or a little mouse, or a little frog. I took biology in high school, way back, and what I learned was when animals are in distress, they will reproduce by themselves, including the salamanders and frogs. That's just basic biology, if you want to look it up on Google or something. So it's not just about something that's simple, nothing's simple. All I know is that there's a society called Canada that's represented here in these chambers, rightfully so, duly appointed by the people. And I'm one of the people just asking you to make consideration for what others have called trivial. And if you got to do more paper, that's what your staff does, they're bureaucrats, they work for you, with respect. Thank you, your worship. - Thank you very much, Mr. Dockstader. So we've got now Karl Dockstader up next, and then Miriam Richards. - At the risk of being off-topic, my father actually gave up his 68th birthday to spend the night with everybody here, so I just think that's, yeah, something worth noting. - [James] He's a wise man, he's a wise man. - Thank you. (speaking foreign language) Or you can go with Karl Dockstader at 5113 Wilmot Street, that might be easier to record. So, you've probably seen me around, and around this particular issue, and at times, I think I've been very critical of the city, but I'm also holding the tobacco that my father and I were gifted to share these words, so I'm trying to be, I'm trying to be very mindful, I'm trying to be very respectful. I think that being critical though is a part of the process, I think that it's part of my responsibilities as (speaking foreign language) person. When my dad talked about, (speaking foreign language) is her name, that actually means that she sees trees. There's a picture that's circulating out there, and that's what she's looking up at, she's looking up at the natural wonder of the Thundering Waters Forest. She's looking up at those natural gifts, but she wasn't just bewildered by the PSWs and by the 200 and however many acres of protected area, she was also looking at the meadow or the savannah, I mean, I think we've debated the name, but she was looking at the beautiful pollinator area, she came out and and she saw the beautiful butterflies. She saw the Butterfly Milkweed, she saw all of nature's gifts in their natural form, and she had a great appreciation for those things. It's rare and that's what's made me so passionate about this cause is understanding that it's real, like we're really in the middle of an Anthropocene. We just had our maple time just about a month ago, and once upon a time, I was taught that the passenger pigeon would come and actually tell us that it was time to, time to harvest the maple, but the passenger pigeon is no more, the passenger pigeon went from being the most abundant bird on the entire planet, they were billions and billions and billions of these (speaking foreign language) and now there's none of them left. So at some point in time someone realized that because these passenger pigeons had passed on that we need to enact some kind of legislation, and we need to do something to protect these species. We need to realize that once these species are in decline and under threat, we have to put something to protect them. And what I was taught was that that passenger pigeon unfortunately doesn't carry that message and isn't with us anymore, but it actually led to the legislation that allowed for the buffalo to be saved because the buffalo was also a species in decline. So as is our ways, that passenger pigeon was selfless and made a sacrifice for another animal. So I want to honor that passenger pigeon today and I want to think about the wonderful gifts of the natural world. I also want to be mindful of time, but there were a couple of things that had not been touched upon yet. There was a letter issued from the Haudenosaunee Development Institute, and that letter did ask, it was a letter of infringement that was issued and I have been in touch with the legal department and I did include that in your notes that you were given for for tonight's package, but that's been unaddressed. Canada has a responsibility to address that. How can this development proceed without that carrying on? I've asked in person, I've asked in writing, I've asked as nicely as possible and I'm trying to, I'm really trying to contain myself here because I want to believe that Canada is willing to be a good treaty partner and that it's not going to get caught up in some sort of semantics or a technicality of some sort of letter of the law, that letter of infringement was issued. Secondary to the letter infringement, the Haudenosaunee Environmental Task Force also issued a letter of warning, but the letter of warning might be the easier route for this Council to follow because all that, I'm going to actually quote the letter here for people that are listening at home and for Council to make this decision carefully. In the letter, this is from the Haudenosaunee Environmental Task Force on March 13th, 2007. I'm quoting Henry Lickers, who authored this letter, on behalf of the Haudenosauneee Environmental Task Force. What he says is, "They say the development of the forest part "will not impact the wetlands. "We know this not to be true because "this land is all intricate, complex and woven together. "They cannot be separated, "one is dependent on the other, "just like humans are dependent on nature. "All the environmental studies do not "take into consideration the history of the land "and the cultural resources it possesses. "All of the wildlife is important to the Haudenosaunee. "Over the past years, "we've seen many of our brothers and sisters "disappear from this earth, and have mourned their passing. "Canada and the United States have enacted "species at risk legislation to protect "various species that are endangered of extinction. "This area has many such species. "We remind you of your obligation under the two-road treaty "that we have with you to warn you when we see danger "in the river life that could harm us both. "Your obligations under your own legislation "must be clear to you." Follow your own laws, that's all I'm asking tonight. I want to be careful in how I frame this, because I do, I mean, I'm the president of the Niagara Region Native Centre, though I don't speak on behalf of them tonight with my comments, I understand the challenge of leadership, you're under a lot of pressure to balance a lot of different interests, but when I hear that there's 27 modifications that need to be made to a plan, and when I hear that there is provincially significant wetland areas that are going to be put in the middle of a green space, and I hear the time thing, so I'll be very close to wrapping up, when I hear that there's provincially significant wetlands that are put in the middle of a green space and they're going to put a park around it, and then there's a possibility that that could be degraded, to me, that seems like that's not heeding those words of warning to follow your own laws. Those laws say that that protection for those provincially significant wetlands is absolute. So I'm not opposed to this development completely, I'm opposed to this development at this time. Just go back and do the 27 modifications first. Do the bat studies. Next month, it's only another month that you'd have to wait, do the PSW studies, have a look at everything and take this back to the drawing board because I think right now, and just again, to quote Henry Lickers one more time, I think your obligations under your own laws should be clear to you at this moment. (speaking foreign language) - Thank you. Councilor Ioannoni? - We sent you a letter of infringement to who? - The Haudenosaunee Environmental Task Force actually sent the letter through the planning department and directly to the mayor. Also directly to the mayor and the planning department was the letter from the Haudenosaunee Environmental Task Force which CC'd Prime Minister Trudeau. - And you haven't had an answer? - What I was told by the planning department is that it's something that is outside of the purview of the planning department. It's not something that they have the capacity to handle. - Okay, so we're going to, I'm going to have to stand at the end of this line, Federation of Canadian Municipalities, and I went online to see what some of the programs are because I think this is so important in regards to working with the indigenous community, and one of this first seminars is Stronger Together, Tools for the Indigenous and Municipal Collaborations. And I don't think you getting that kind of answer is cooperative collaboration, and I'm very sorry that you feel that you haven't got a response that is appropriate to you. - Thank you. I mean, just to answer that question, I do believe that the city's tried, I don't think that the mechanism exists, but it doesn't change the fact that this is Treaty of Niagara territory, and by Treaty of Niagara, I'm talking about the 1764 Treaty of Niagara, not the 1782 Treaty of Niagara, they I guess didn't have enough name for treaties back in the 1700s, so it's 1764 Treaty of Niagara, according to the chiefs of Ontario and according to many of the First Nation groups that are out there. They actually believe that the 1782 treaty was illegal. It's the treaty that was used to help the Seneca with the land claims with Grand Island, and it states in the treaty that four miles on either side of the Niagara River is an area that's supposed to be established as mutual benefit or maintained for the use of the Haudenosaunee and other people in this area. So what I'm challenging today is the fact that developing this wetland means, or developing the area adjacent to the wetland and changing the wildlife habitat and the natural heritage corridor will permanently alter this area, and this area, the furthest extent of the Thundering Waters Forest, Slough Forest Wetland Complex is 3.84 miles, and the treaty explicitly states that there's a four mile protection. So this does explicitly fall within that treaty area, and I understand we probably don't have time for the courts to work out all these details, but the wording in the treaty is pretty clear. So again, what I would suggest for this Council to do is just at this time to continue the studies and make sure the development doesn't have things like 37 conditions and six woodlots being taken down and land put in holding categories that can be easily transfer out of holding categories. I think all of those things go against the spirit of the treaty, but further to that day, they could very well go against the letter of the law of the treaty, which would be not just wrong, but illegal. - Thank you, Councilor? - Through you to Mr. Beaman, when he said, when Mr. Dockstader said, and I have two questions, when Mr. Dockstader said that he got an answer from planning that it's not in their purview, do we have any legal liability to follow that treaty? Does something trump what we do around here? I know we don't control the world, but is there something that oversees that we have to follow that? - [James] Mr. Herlovitch has, or who's going to address, Mr. Beaman or-- - Mr. Beaman, but not that I have a comment but... The indigenous people told us that they don't negotiate with the city, that their treaties are with the province, and they would deal with the province in negotiation of those treaties. And so they basically told us it was outside of our purview, it wasn't up to us to determine whether or not we wished to meet with them or not. So it was not my reporting to them that we were not going to deal with them, but what we were told by them. - Okay, thank you for that. Mr. Beaman, did you have anything else-- - It is a real difficulty that municipalities face, and not just in this particular matter, but at any time we're trying to interact with an indigenous nation. I met with a fellow who represented the Haudenosaunee, and the difficulty that he had in, what we had in addressing each other is that he wants to speak to the Crown, and I am not the Crown. And so he was quite happy as he pointed out to meet with me and chat with me, but there wasn't much negotiating we could do because he, in order to maintain his position as a nation, negotiating with a nation was unwilling to talk to or make any kind of arrangement with someone who was not representing a nation. And so I respected his position, and we just, it's a very difficult thing. If the province wants to thrust a municipality upon the indigenous nations, which don't necessarily accept municipality as a representative of the Crown. So unless the indigenous nation accepts us as the Crown's representatives, we can't really come to any kind of mutual agreement. He was very, I mean, the fellow was very respectful of what I was trying to do, quite patient with me, but he really wasn't able to, he wanted to maintain his position that whatever went on, it was not actually consulting, which is what the duty of a, is the duty the Crown has when proposals are made that affect indigenous rights. They're required to consult with, first, the First Nations, indigenous peoples, in order for the Crown to consult, it has to be the Crown that consults-- - I think we got it, thank you very much. Yeah, Councilor? - And my second is, Karl spoke about a number of studies, so my question to Alex would be, through you to Mr. Herlovitch, what studies are not being done with the community plan that would be required under the secondary plan? - I'm not aware of any studies. We did note in our report that we didn't get urban design guidelines, that we would use the region's design guidelines. Outside of that, we received every study that we requested, and they were the exact same studies that we would need for a secondary plan. - So that said, why are we not dealing with this as a secondary plan? - In order to simplify matters and in order to be able to focus the debate and the negotiations and the discussion, it was simplified by focusing on 120 acres rather than the 200 acres that are not wetlands. - Thank you. - Thank you. Thank you, Mr. Dockstader. - Thank you very much. - Thank you. Okay, next up, I've got Miriam Richards, Emily Spanton. So Miriam Richards then Emily Spanton, and then we've got just another four more and we're done. - Can this be put up on the computer? Could be either PDF or PowerPoint. Oh, my notes aren't showing up. Now I can't read it, it's not empty. - Oh, I'm sorry, are you ready? - Yep. - Okay, all right. So we'll-- - [Miriam] I had a technical glitch and it won't go. - That's okay, oh, it won't go? - Yeah. - Okay. - Okay, so I'm Miriam Richards. I live in 71 Farr Road in Welland. I'm a professor of ecology at Brock University, and my specialty is long-term population declines and population changes in bees especially. I'm especially interested in pollinators in restored land sites. I've worked with Niagara Region Waste Management Division and studying bee populations in Niagara since 2003, primarily at the naturalization sites, and I think this is relevant to the discussion today because there's been a great deal of talk about mitigation and about whether or not there's a such thing as biodiversity offsets. First of all, one of the things that we've discovered in our research is that Niagara has 150 species of bees. Bees are extremely important pollinators, not only for natural landscapes, but also because bees pollinate fruit, field crops, and flowers, all of which are of vast agricultural and commercial importance in Niagara. You've probably all heard that there are serious declines in bee populations around the world, and Niagara is not free of those, and the main reason for declines in pollinator populations is habitat loss. So a few weeks ago, I received an email asking me to take a look at the proposed sites around Thundering Waters to see if there might be any bees. As we know, it's a very late spring this year and bees have basically only started flying in the last week so the day that I went out there and took a look was 5th of May, and I was out there basically at the very beginning of the bee season. Within an hour in a site that could, that could kindly be called trashed, I saw one, two, three, four, five, six, seven, eight, 10 species of bees, three other kinds of insects, six species of birds, and two species of snakes, and one leopard frog. This isn't a damaged habitat. There's no question that this habitat would benefit greatly from ecological restoration and that the animals and plants that live there would increase in both abundance and diversity, especially as new animals came in, but it has also been related to me that after our meeting in 2016 is that City Council actually had a field trip to this site and the opinion was expressed by many of why bother to save it? It's been noted by an earlier speaker that many parts around the periphery of the site we're discussing this evening have been seriously damaged, people have brought some trash in, and yet, that site, in that short time that I was there was clearly absolutely full of wildlife. In our research what we discovered is that sites that from which wildlife had basically being eradicated, because these are landfill sites, we could indeed mitigate the damage, and Niagara Region's done a great job of doing that, but what we've also discovered in the last few years is that after the initial mitigation and the initial inheritable and happy increases in bee populations, a long, slow decline then begins to set in. Initial mitigation just isn't enough. When your sites are surrounded by development as our sites at Brock University and in the naturalization sites are, and in areas in which there is more and more surrounding development in which so-called empty fields that are not worth anything get turned into housing developments where bees can't eat and nothing else can either, except possibly a few annoying species, then basically over the long term, biodiversity goes down. So what I would like to encourage is that this site not be developed. I think it needs help. It certainly has been trashed in many ways, parts of it are still beautiful, and parts of it have been trashed, but the trashed parts are still important because they're the last holdouts for pollinators and many other species that, and if we trashed those remaining sites, it won't matter how much mitigation we do, we know that the only way to do ecological restoration and have it work is to have source populations. We need to look after those sites that are still there, that are still, even though they're in rough shape, and we need not surround them with development 'cause if they're surrounded with development, no amount of mitigation will matter in the long run. Thanks. - Thank you very much. Okay, we've got Emily Spanton. Do we have Emily Spanton here? And then Carla Carlson. Carla Carlson will be up next. - So my name is Emily Spanton. I live at 56 Bayview Drive in St. Catharines. Good evening Council, mayor, neighbors. Councilor Volpatti is still here, I thought I'd seen her last night in St. Catharines, but I didn't. - [Selina] Hi there. - I will be brief. 4,000 people have signed a petition that I started on change.org in opposition to any development of this property, and it didn't even cost me a cent. If you pass this, I don't believe we can continue to call Niagara Falls a bee city. I stood in front of you not that long ago and you voted to be a bee city. I think that I don't see these two as being congruous, nor do I believe that you would continue to be an indigenous ally. But what I'd really like to discuss is the concept of community plan, which according to the Planning Act, could have no legal standing. I believe this process has been expedited as a community plan to comply with the non-legally binding MOU Mayor Diodati signed in China, and to act in bad faith as an end run around the MNRF approval. Is this true? - I don't, couldn't answer that question, I don't know. Is there any truth to that, Mr. Herlovitch? - I've never seen the MOU. I never got any direction to expedite this. We've been working with this developer for three years. And if people believe that's an expedited process, so be it. - So, calling it a community plan is not an end run around MNRF approval? That's, I'll correct the question, I suppose. I just want that on record. - The official plan amendment was made. We decided that since it wasn't a full secondary plan, we would call it a community plan because we wanted it to be completely comprehensive, we wanted it to include all of the studies that we would need to a secondary plan, and so just because it was a smaller area, it's a name on a page. We required all the same studies, we got all of the same policies, and we put it through the same review exercise. There has been nothing different about this that we would have done with a complete secondary plan. - But you don't have MNRF approval. According to Appendix A-- - That was not my decision, and I was unaware that the region would take that position when it was submitted to them. - Okay, thank you, thank you for your time. - Thank you very much. Next up, Carla Carlson. Give her a second if she's out there. Okay, so we've got Carla Carlson and then Tom, Tom Chen. Tom Chen or Tim Chen, I'm not sure what it says. Okay, welcome. - Thank you, my name is Carla Carlson, I'm from 4119 21st Street in Vineland Station. Dr. William Rapley who had spoken a little while ago asked me to mention that there is, that the black gum trees have been confirmed in the forest by Dr. Ambrose and John Bacher, that midland painted turtles are now listed in Ontario as a threatened species, and they are in that forest, and that with the casino traffic that was increased with the building of the casinos, the roadkill has increased as well for frogs, snakes and birds, and there's a direct correlation with all that extra traffic. So his point would be of course that with a big development like this, it would increase roadkill close to wetland. I hadn't realized that I'd be allowed to speak this evening and found out when I got here, so I sat on the floor with all of the other people that sat on the floor and wrote some notes. A number of years ago, I attended your council and asked, or did speak about the loss of green space at the Loretto Academy. I was told in no uncertain terms that because I live in Vineland and not Niagara Falls that it was none of my business. I was devastated by this feedback because as a person born and bred in the Niagara Peninsula, I care deeply about Niagara Falls. As a graduate from Brock University in urban environmental studies, I'm aware of the environmental significance of this property. I'm also cognizant of the need for smart planning and development, and this is not, full stop. Around the world, cities are protecting and valuing wetlands and old growth forest, protecting them, not building on them or on their doorstep. There's an upcoming conference in Toronto with delegates coming from all around the world to share and learn about cutting-edge ideas about urban forests which are highly valued by residents and tourist alike. I own a bed-and-breakfast, and as I told you last time, my guests from around the world come to Canada and Niagara Falls to experience nature. None of my guests over the past 18 years have come back from Niagara Falls to tell me they like all the development. Instead, they are sad and angry about what they are seeing. For 22 years, I've owned my Niagara Nature Tours eco tour company, and all my guests have been shocked and saddened by the amount of farmland and forests and wetlands lost to development. As was said earlier, ecotourism is a growing industry, and I see great potential for education and the potential for the city for going along those lines for education and teaching opportunities, and the economic potential for the city of Niagara Falls as well, and its citizens. If you are seen as a green city, all of these things will come into play. I'll conclude by saying that I beg you to put on an environmental cape and become famous for it. This does not stop development or hurt your economy. It's the opposite. Thank you. - Thank you. Okay, next up, Tom Chen or Tim Chen. I'm sorry, it's Tim? Tim Chen. And then I've got Kevin Jacobi. And then lastly, Derek Jones. - Hello, good evening, my name is Tim Chen. I live at 29 Glenridge in St. Catharines. This is my first time to attend a public council meeting. This the best lesson I have learned. I never learned this in school. I hope I should attend more council meeting, it's the best. And I want to thank all the speakers that spoke earlier because I love the nature, I love to work on the trees, but I never realized, there's so many things, they help, they support, we just didn't know. But anyways, thanks so much for the people, all the volunteers, support and protect nature. Thanks so much. And during the last 20 years, I have lived in Vancouver, Salt Lake City, New York and New Jersey, and LA, San Francisco, and Florence in Italy and London in UK, and Paris in France. And then I came to Toronto, in Brampton, Mississauga. Four years ago, I came to Niagara Region with my wife. The first time we came here, we start to fall in love with this beautiful land. My wife and I, we called this land Promised Land. We even started apartments and home small business. Actually, it's pretty good, and we enjoy living here. I personally think Niagara Region is the best place in the world. I think this Niagara Region can compete with any other areas in the world. Name it, like in Napa Valley in the US and Provence in France, and now the Florence Region in Italy, this is the best place in the world. But unfortunately, a few years ago when I came here, a few things just bothered me. There are some serious issues happening in Niagara. When you go to Niagara Falls, downtown Niagara Falls, and also downtown St. Catharines, you can see the poverty issues, and you'll see a lot of old houses without renovation. I have no idea what happened. And also, I have a lot of friends, they graduated from Brock University and now college, and they are first to leave Niagara Region. They have to go to Toronto because there are no jobs here, because I have so many friends, they want come back to Niagara region, but we don't have so many jobs for them. So that's why, as a member of Niagara Chinese Business Community, we like to promote Niagara globally, but we attract more business to come to Niagara Region, we try to attract more young people to come here, to live and also to work, to have a family, to enjoy living here, but unfortunately, we cannot do it here right now because we don't have so many business, we don't have so many jobs. So that's why, we need to help, to encourage more business to come here. We want to bring a voice to the global business community, to tell them Niagara is a good place to do business, Niagara is a good place to live, Niagara is a good place for young people. So we want to tell everyone in the global business community we make the process easier for everyone, but I don't have wisdom, but I know all the Councilors, you have more wisdom. So I hope you can vote for the best decision, but I also want you to give this company the opportunity, the have been doing this for three years, they spent so much money. I think they have learned so many lessons from nature, from this, we should give them the opportunity to raise their voice because this program, it's not only the kind of the residential, it also has some commercial business. Like a lot of people coming here, they don't have job, they have to start their own business. So this project will bring a lot of small business people to come here to start their small business. So I hope this project can succeed, and I hope Niagara Region can be truly the best place in the world. And I hope all the Councilors have the wisdom to vote. Thanks so much. - Thank you very much. Okay, I've got Kevin Jacobi, and then lastly, Derek Jones. - Good evening, my name is Kevin Jacobi. I live in 17 Louisa Street in St. Catharines. And I'm also a property over here in Niagara Falls, basically in the Stanley Avenue Business Park. We have a property that is adjacent to this development, or proposed development I should say. Your worship, Councilors, before I start on the piece, I do need to clarify something that transpired yesterday on Facebook, I want to make sure that it was made clear to everyone on that. I was at a local business in Niagara Falls called Max Aggression Gaming. It's a little gaming store where people go to play board games and tabletop games, that sort of thing, and I went in there yesterday, 'cause I was a little frustrated with reading an article, it was in the Review on the 6th, which was skewing again this argument about what is going on here? It was basically what was written there, and you can read of course yourselves, it's online, it's basically putting this on two sides here. It's saying that people that are for this proposal are in it for the money. People who are against the proposal are the eco-warriors that are conserving the environment, and I know fine the enthusiasm I'm hearing from them, but the other side cares about the environment too. It's great having businesses, it's great having families in our community, but unless we have an environment to live in, it doesn't mean anything. So in there, there were some college students and the college students were talking about, "Oh yeah, I heard about this, "we had a bunch of people coming in, handing out flyers "and telling us about how these foreign investors "are coming here trying to destroy the land." And I said, "That's not the truth, please go online, "you can see the planning things, "if you want to see the videos "of what they're trying to accomplish, right or wrong." I said, "Just go and you can see what's going on. "Go to the Council meeting and hear the planning proposal, "hear what the planning department for the region said." And one person said, "Well, I'm not going there, "it's got nothing to do with me", and that's where I got silly. I said, "You know what? "For your time to sit there and listen "and make your own opinion, I'll give you 50 bucks." That's what I said to them on that. And then the end story said, yeah, I'll give you something, just go and listen, I never solicited anyone to be on either side. I didn't solicit anyone to come here and make a commotion. In fact, part of this thing that was frustrating from the previous things are the commotions that are happening. We don't need applause, we don't need boos, we don't need jeering. What we need to do is just bring the facts forward so that our Council here on behalf of the city and our community to make the best decision possible in their capacity to do so. And that's what is said. Everything was brought down, no one was paid to be here, no one, even if they were here for that reason would have any affect on this. This isn't The Price Is Right where you yell come on down, they come down here and get their opinion. We have a sign-up list. It could not defer anyone from being here, it could not do anything like that. I'll admit, it was brash, it was silly, and it was just stupid talk at a game store and I do apologize for anybody not to jeer investments, my business partners, or anybody from the Council here, I do apologize on that. I'm still frustrated with what I'm hearing tonight. I'm hearing a lot of examples of biodiversity which we have to encourage and support, but we're not listening to the facts of this organization that is part of our community. They own houses in our community. They chose to come to Niagara to be part of our community. And they came here to do this investment. They didn't just choose this, twirling their mustaches and saying, "What environment can I destroy?" They came here looking for a property that they could do models similar to what they've done in other areas of the world. I've been to China and I've seen 5,500 acre development which revitalized a wetland that was destroyed through pollution of past governments in China. Their commitment to the ecology that brought back the migratory pop of birds, and it's thriving now. That's a fact. It's a fact that they've been involved with ones in the United States as well, doing similar processes. Again, each one is different, and we have to base this one on our current data and our understanding. That's why I trust that our planning department, and the organizations which they address did that due diligence for you to give you a recommendation tonight. The facts we know, this property since the 70s was zoned for industrial zoning for the city of Niagara Falls. In 2008, it was transferred over to residential. This company bought it based on those ideals. This company has invested money, this company continues to want to invest money, adapt what they're trying to do here to take into consideration the public consultations they've constantly had over these past three years, to take into consideration any environmental studies that have been done. They've been constantly adapting and listening, engaging in conversation. That's not someone who's just coming here to make a buck and leave again, that's someone who wants to build a legacy in our community. And this is your chance now to make a legacy too. We have to decide, because this is being watched not only by our community, but it's going to be watched by the rest of the province, the country and the world, and it's based on the idea of protecting our environment, but also for us to make sure that when we make commitments to investment that we follow through, and commitments being the ideal of having something up for sale for it to be developed and listening that we actually move forward to actually try to address that and that we are a welcoming and safe place to try to do business, as long as we are maintaining the standards necessary for our environment, for our community, and for our longevity. Thank you so much for your time. - Thank you very much, thank you. Okay and lastly, we've got Derek Jones. - I've got a USB key. Can I get this inserted for a PowerPoint, please? - While we're waiting, can we get a motion from Council to go beyond 11, so we're going to have time for a presentation? Councilor Kerrio? Seconded by Councilor Strange. All those in favor? Okay, can we get our hands a little bit higher? All those in favor? Opposed? Okay, that passes. That passes. Thank you for all your overwhelming support. - While we're in the, waiting for this to start, did you see the email from Councilor Pietrangelo? Councilor Pietrangelo has had a family emergency and wanted one of us to say it's not like him to have to leave a meeting, but he had a family emergency, and apologizes, but he had to leave. - Yeah, okay, thank you. I didn't see the email, but I knew we had a family emergency, yeah. - [Derek] Should I start while he's getting this set up, or is that okay? - Does it work? Okay, yeah. - Looks like we're ready to go. Hello, my name is Derek Jones. Pleased to be before you for the first time, and hopefully the last time. I don't particularly relish being here. I've never done anything like this in my life. - [James] Derek, can we get your address? - Oh, I'm sorry, yeah, I'm Derek Jones. Niagara Falls resident for most of my life. Currently I live right on the edge of the forest, have done so for the last dozen years. And, pardon me? - Your address? - Oh, sorry, 777 Jubilee Drive, Niagara Falls, Ontario. - [James] Thank you. - As I said, I've lived here most of my life. I love my city. I've even got the T-shirt tonight, not just for this special occasion. I'm here because I'm firmly against this development and I want to, I want us to do better. I believe that is what most of us are here for. For background, I've been hiking in and around this amazing forest for over 25 years. It has become part of my life and my family's lives. It is a direct health benefit in many ways and is the main reason I chose to live on the edge of the forest many years ago. I bought my first house here, got married here, started a family here. I also got divorced here and I went through depression here. Being close to the forest helped with that in more ways than I can explain. Sorry. Climate change, this is New Brunswick now. There is St. John's, New Brunswick. This is Port Dalhousie this time last year. What's this got to do with Thundering Waters Forest? Forests are natural spaces. They're climate change mitigators. That's not including the deer who get a little gassy from time to time. So yes, the moral of this story, and I'll keep this part short, but it's important is that we're not well equipped to live underwater. So we might as well get used to keeping the few forest areas that we have that are left because we literally can't live without them. I'll try to avoid getting into the overlooked details and minutiae associated with this deeply flawed plan. Many who are better educated than I have already done that here tonight. I want to break it down into its lowest common denominator so that it's easy for everyone to understand. There are complex issues at the heart of this debate, and it's leading to a lot of confusion and propagation of misinformation, including that this is a beat up old farmland. What was before that and what it is now are what's important. What I've witnessed from the beginning of this project and unfortunately still see are multiple desperate attempts to fit a square peg into a round hole. The difference between the first flawed project with the equally flawed and ironic name of paradise and this so-called new approved plan is that they briefly raise the square peg and now are trying to force it back into the same round hole. This time, they've rebranded the project Riverfront Community Phase 1, but no matter how many times you raise and lower the square peg, it's not going to fit into the round hole. There's some fundamentally flawed logic going on with this plan that is simultaneously baffling and reprehensible, and from an informed environmental perspective, revolting, disturbing, and not anywhere close to being acceptable. No matter how many times, no matter how many times it's rebranded, no matter how many environmental consultants you go through, no matter how many job numbers, loose job numbers that you attached to this project, you can't fit a square peg into a round hole. Let me demonstrate this visually. This is the latest map available from, sorry, from Savanta that shows accurately the Ministry of Natural Resources wetland mapping. And it shows how the red boundaries that are the scope of this project or the proposed development are shown in the red. As you can see, there are various wetlands within the boundaries, or intersecting the boundaries. To be more accurate, if you look at the round circles drawn on this map, points where subject lands overlap with or are entirely on provincially significant wetlands, the total equals 13 overlap points. Now if I recall correctly, the developer said she will not build on wetlands. I'm not sure, but this map seems to differ from that statement. - [James] You've got got 30 seconds left, sir. - I'm sorry, I'm new at this, I'm very nervous, and if I may ask at this point, I understand it's my right to speak for 10 minutes, so please, let me just finish what I've got here-- - How much time do you have? - Because it may take actually longer if we have to do this. I'm roughly halfway through it. Is it okay, or do you have to do a vote for that? - [James] No, we don't have to-- - I'm just referring to your own by-laws on this subject. - [James] Right, so tonight's a special meeting and tonight, we're doing five minutes. - I understand. - [James] We'll give you a couple more minutes to wrap up, since you're the last speaker. - Okay, so there's the map. Let's talk about the idea of wetlands as open files and how it works both ways. I'm going to speed up my talking a little bit here so hopefully I'm not going too fast. I think I found a loophole, or else somebody's not interpreting the provincial policy correctly. It was explained that wetland mapping changes because they can physically change over time depending on environmental factors. I've seen this action firsthand, so I can appreciate it. Wetlands and the vernal pools can increase/decrease over the course of years or multiple years. For example, 2016 was a drought year, and so most of the vernal pools in the forest dried up. A tough year for species that thrive in and around those vernal pools, but the very next year, the wetlands were once again thriving. So when I asked the developer's environmental consultant about how certain wetlands can be down rated a year after the MNRF staff operated, the answer was that wetlands are open files and subject to change. I agree, and I've witnessed that change. You can go back and forth, increasing/decreasing normally as part of the natural cycle, but the problem is if a wetland is down rated long enough for that rating, downloaded, I'm sorry. If a wetland is down rated long enough for rating, that could potentially allow for development, then that wetland's natural opportunity to be up rated again in the future is lost forever. Can you imagine the implications? So the policy, as it exists, either has a glaring hole in it that works against the environment, and works against the environmental protection policies, or that policy is being misinterpreted or abused in order to increase potential development opportunities. What you will find there at this location, if you refer to the number one up in the left top corner, that is a wetland that was recently down rated, as per Savanta's recommendations. The problem is if you go there today, Wetland Number 1 is a thriving wetland full of life. You could literally go there now and see this for yourself. Wear rubber boots. I'm going to just skip some parts here, so I'm trying to be respectful and not go over. Has anyone... Sorry. The forest is significant, as I pointed out, as pointed out by a previous presenter, half the forest was razed over a century ago. It was farmland for a while until they realized it was not good land for farming. You know what it's good for? Wetlands and wildlife, nature. The forest has managed to recover since then largely because it was left alone. There are no aerial photos from before the 1930s, because no planes, but if you look at those early photos, you realize that most of Niagara Region was actually clear-cut to make way for agriculture. And in this specific case, damage by rail lines cutting through the wetlands, hydro canals changing the form of the ecological function of the forest, but Thundering Waters Forest came back from all that abuse to become what it is today; A vital and diverse ecosystem for many species, including the human species. It is far from the dead zone that some have claimed. I'll wrap it up with a couple other quick points. The transportation study identified significant problems with this location, and I believe those problems still exist and have never been addressed. The city is currently dealing with the issue of train tracks that run through the city. This development location introduces the same issue here that you're currently trying to solve. Is this not repeating the mistake? If you look at the map, there's a train track that goes right across the main road, which is the only in and out to this development project. Other than that, just north of the forest, the new subdivision on Oldfield Road, there's vacation rentals, there's another current city issue that is going on that has to be addressed. Is that going to be part of this? Are the same rules going to apply for this new neighborhood, as far as vacation rentals? I'm paying close attention to all of these things because I want our city to be better. As others have noted, a peer-review of the EIS is expected, but has not been performed. I thought that was a minimum requirement for a project like this. I have so much more, including what I think is a better solution, I didn't just come here to complain, but I realize I'm out of time. I appreciate all of your hard work, Council. Thank you, but you still can't fit a square peg into a round hole. - Thank you, sir, I appreciate-- - [Derek] And there's a picture I took of the forest last year at this time. Not too many people get to see this. And that's a good thing. - Don't forget your USB as well. - [Derek] Should I just whip it out here? I didn't mean it that way. Thank you. - Thank you. So we're ready now? Council will now hear from the applicant or his or her representatives. - I'm standing stiff. Sorry, I've been sitting a long time. Good evening, Mr. Chair, and Mr. Mayor, and members of Council, my name is Jane Pepino, I'm from the city of Toronto. I'm with the law firm of Aird & Berlis, and I am representing the applicant landowner this evening. Let me start by saying and extending great thanks to Mr. Herlovitch, Mr. Barnsley, and your staff for leading an extensive intensive review of a very large volume of policy documents, providing a detailed analysis, reviewing a ton of technical materials, and paying a great deal of attention to the public comments that have been made. As Mr. Herlovitch pointed out, this application started to be discussed more than three years ago, so it's been an extended period of time. And I need to say, and I need to say this right up front, you are required by law through your staff to respond to, accept, and process to the best possible extent of your ability an application that is filed by a landowner on private lands. And allow me to underscore that fact. These lands subject to the discussion this evening are privately owned, they have been in private ownership for as I understand it millennia, they have never been designated open space, they have never been designated park, they have never been in public ownership, they are private lands, and an application under the Planning Act has been filed, as is permitted, and as the law requires, you have appropriately put it through the process for at least one preliminary decision this evening. Your staff has coordinated a process that from the very beginning involved all policy and technical stakeholders. I need to make very clear that MNRF and their experts from all disciplines were involved from the pre-consultation meeting on, and before, they've been involved in commentary as were regional technical staff with respect to transportation, wastewater, groundwater, servicing, as well as of course the Conservation Authority experts on matters that have been delegated to them. And again, I say that it includes a review of the modest groundwater that has been discovered in the area, and Miss Grandoni raised that issue, more of that in a moment, and no further information was required with respect to that matter as part of this process. I also want to say that the process has been highly iterative. It is fair, in my submission, having been involved for about a year and a half and looking back to very early days to be critical of some of the work that was done. And when I read some of the comments that came in from agencies I said, "You're right, we need to step up, "and that work needs to be done." It has been a process where materials as early as 2015-2016 were prepared, they were submitted, they were commented on, they've been peer-reviewed, they've been updated, they've been responded to, materials have been augmented to meet the provisions and the requirements and the directions of the provincial agencies involved as well as the region, the city, and the Conservation Authority. So the report on recommendations before you this evening result from that lengthy and very, very thorough process. And they are based on science, it is based on applicable policies and guidelines, and most importantly, those policies and guidelines that are current, and that's that science that has been done recently. You heard quotes this evening from people who have raised concerns of comments that were made by MNRF two years ago, eight months ago, two weeks ago, and I can say to you that the material that is before you this evening is current and well-founded in science. And so I'm asking Council to approve staff recommendation, it was a reasonable application built on your existing policies, but it has been refined through the process in a way that it's made it much better. And I need to stress the following as well, if Council adopts staff's recommendation this evening, together with the modifications, conditions, improvements, refinements, whatever you wish to call them, the result will be not an enactment of official plan amendment, not approval in the final form, but rather a process that will allow work to continue to address any lingering information requests where we're one, one MNR didn't read the report that they had since the 30th of April on turtle nesting, but yes, we have to wait until bats start to move in June, and at MNRF direction, we will be out there doing that. Secondly, it will allow us to work with your staff to revise the text of the official plan amendment to incorporate the policies, to develop the conditions that they have recommended. And finally, it will result in bringing that final document back to you again for enactment. Tonight's step is not premature, it is simply the first step in the formal part of the journey of this application. And tonight's decision I need to underscore is based on current information. Miss Manson's quotes for example, from the Savanta report, were from the original report in 2017 which has been superseded and upgraded. To be clear, you are not by any decision tonight actually enacting an official plan amendment. To paraphrase Winston Churchill, this is not the end, this is not the beginning of the end, this is perhaps only the end of the beginning, but I need to underscore that at every step of the following procedures, Council has the ability to say yes or no. Council will have to be satisfied that its staff has continued to require adherence to and satisfaction of all provincial regional policies, as well as of course your own. Mr. Henricks, who is our client's consulting planner is available and can outline for you all additional future steps required to bring these lands to development status. They include, as your staff has indicated, zoning, draft planning subdivision, site plan, potentially draft plans of condominium. I'd just also like to indicated to Council that the entire consulting team, virtually the entire consulting team is here, Kyle Hunt and Shelley Lohnes of Savanta are here and available to answer questions that Council have with respect to any matter of the Savanna work, wetlands, woodlands, amphibians, reptiles, bats, you name it. Gary Pappin from Paradigm Engineering is here to address traffic and transportation questions that may still be outstanding. And Mr. Ron Sheckenberger of what is now or was AMEC who did the work on servicing and soils, and AMEC also looked at some hydrologic work, he's available to address that. My role this evening is really to address the themes of the previous public meetings you had this evening where what's Council's role in light of the new requirements of the Planning Act and the Local Planning Appeal Tribunal? The province is, this Council well knows, and as I heard expressed earlier, understands the obligations brought upon it by the provincial requirements for intensification, by the allocation of population and jobs that you have been given and are expected to fulfill under the growth plan, and to do so in adherence to and conformity with the provincial policy statement. And this evening, I would like to address as briefly as I can how the material that is before you tonight brought by your staff satisfies the new and much higher tests of the recent amendments to the Planning Act and I need to say Mr. Bitter just doesn't understand them and has the LPAT rules wrong, and I will address that in some detail, but the recent amendments to the Planning Act and the new rules and standards of the new Local Planning Appeal Tribunal, first of all, I submit that the proposed amendment has been established by your staff to be, and I'm now going to read the tests, the new tests, consistent with the provincial policy statement. It conforms with or does not conflict with the applicable provincial plans, and that includes guidelines and directions on how to test this and how to measure a vernal pool and figure out whether something is a significant woodlot or not, to conform to the relevant official plan, in this case, special policy 56, as well as the regional official plan, and it also includes the expectation as your staff has pointed out that there will be requirements for controls on implementation. There will be guarantees that will have to be posted, there will be agreements that will have to be entered into, there will be standards for permitting that not this Council but the province will have to grant. All of those things have been addressed by your staff and satisfy the new higher standard. And I need to say as well that the status quo documents official plan amendment or special policy 56 and even 81 also no longer meet the test of addressing the current standards. Rather, they are not any longer consistent with those current standards, and so that's an extra fill up to the new test. Put conversely, and this is where I hope I can help members of the public understand what the new rules require of them, as well as permit of them of course, for Council to refuse the staff recommendation, you must be provided with cogent evidence, not concerns, not objections, not worries, but evidence that, and I'm going to a quote again, that, quote, "Explain or demonstrate "that the official plan amendment or part thereof "is inconsistent with the provincial policy statement, "fails to conform with or conflicts with the provincial plan "or fails to conform with an applicable "upper tier official plan." And let me give you one example. You saw a video that was taken by a drone and it pointed to the areas it went out and said vernal pool, vernal pool. You'll recall that, I hope? Well in fact, that's not evidence, and it doesn't certainly stand for the suggestion that the vernal pool is one that meets the standards of the MNRF for that definition, that it should therefore bear the suggestion that it's significant or worthy of protection. You have not in my listening tonight, and I've canvassed to the extent I could without being rude and whispering up and down the ranks here, I don't think you've been provided with one piece of information or evidence with the greatest of respect meets the new test for the new standards. Allow me to continue by simply saying that with respect to the opposition's concerns that you heard this evening about the environmental protection of these lands, there is not only the requirement to provide specific evidence based on provincial standards and establish how those things are offended, but allow me to take one final example before I move on. There was a suggestion, a statement made that there had been some large amount, 85, 90% I think it was of wetlands in Southern Ontario that had been in fact lost. And yes, I think it's fair to say that since the time of European settlement to early 1980s, some 64% of wetlands in Southern Ontario were lost. No question. And between then in 2015, that rate went down to an additional 4%. And because of the growth plan, because there's no urban sprawl permitted anymore, because you are supposed to and we are required to intensify within existing build boundaries, that is going to decline even further and the standards have, as you well appreciate, been substantially increased as well. So, facts, you heard about the fact that the original secondary plan covered 480 acres, but when looking for those PSWs that are set aside for protection, 120 acres is all that is now being pursued through this application. I also need to say, Mr. Jones' mapping and his submission to you at the very last submission, he was using outdated mapping. That PSW number one that he took you to in fact was removed not by Savanta, it was removed by MNRF. So again, it's important for everyone to have current information. The area was chosen to avoid PSWs, as Mr. Herlovitch said, based on the concept of avoidance. The official plan amendment and the zoning that has been suggested by your staff will increase the policies and increase the protections to be addressed as additional development applications are processed. The holding provision is not something that's an end run on MNRF, it is called for in the Planning Act, it is a proven tool, it is one that works appropriately, as do conditions of draft plan approval, also in your tool kit somewhere down the road. These lands are not pristine. I was frankly pleased to hear I think it was Professor Richards from Brock speak to the fact that part of the site was, in her words, trashed. I think there has been a misconception circulating at least in some circles that this is an old growth forest, that it is a pristine site. Yes, there are parts of it now set aside in phase two for perhaps future study that could be, fall into that category, but phase one, the community plan area in front of you is basically quote, "Trashed", not my word. The environmental features as you heard are not original, you saw the photographs from 1934 and 1954. I think it's also clear that there's been dumping from the canal dredging of contaminated soils on the property, they need to be cleaned up to protect the integrity of groundwater in the wetlands. So the use of EPAs as your staff recommends, the buffers, the controls will add together with the woodland restoration plan, a robust restoration of the study area lands, as well as protection and potential further consideration of improvements for the remainder as well at a different phase. Finally, these lands have been long planned for development. Special policy area 56 made them previously industrial. Again, they were never designated park or open space. And so when people say, "We don't have object to this development, "we just object to it here", sorry, not a possible or reasonable suggestion. These lands have been premised by the city for development for a good long time, and as some 10 years ago, and the members who are on Council then, Councilor Ioannoni and yourself, Mr. Mayor, Mr. Kerrio, Councilor Thomson, Pietrangelo, you'll recall that you all put your hands up unanimously and voted for these lands to be converted from industrial to residential knowing that with residential development comes adherence to environmental protection policies, and you can design it into a subdivision the way you can't necessarily designed it into an industrial subdivision. So those protections again I think have been built in. So allow me to say finally with respect to the facts that the present recommendation is firmly based on the scientific evidence that has been rigorously tested by your staff. As one example, the environmental work was multi-season, multi-year field studies between 2015 and 2018, and there were more than 70 field days by ecological experts to put together the reporting, and MNR has removed all of its objections but one with respect to request for additional information, when they have, they didn't know they have, they haven't read it yet. Concerns, questions, objections, no matter how sincere must also meet the technical standard. So if you have any questions with respect to amphibians, Savanta is here. Allow me to say again in the strongest possible terms, everything you heard this evening about concerns, historic concerns about offsetting, irrelevant, do not apply, not part of this application, not going to be accepted by your staff, set it aside, that has been dealt with. With respect to the woodlands, you heard that there is a plan for restoration to stabilize a woodland and to frankly recreate something with a forest that's both diseased, potentially over mature. Bat habitat, we'll know all about that next month. There have been seven assessments done at the direction of MNRF on a leaf off basis and we're finally getting out to doing it when the leaves are back on the trees. I'm not going to bore you with the issue about permits of species at risk other than to say, we've started the process, we're working with MNRF, they have the preliminary information, and I do need to say that the permitting process usually starts a draft plan of subdivision stage, but we cooperated with MNRF and moved it up to this preliminary stage. There will be a future comprehensive review and assessment as part of detailed design by MNRF and all of the other experts, including, I'm presuming those from the Ministry of Environment. On the issue of the PSWs, I've already addressed the fact that what you were shown here was unfortunately outdated mapping and information, but I do note as well that your staff has recommended a requirement of 30 meters as a buffer, and I know you are aware that that is a buffer that is the standard, the gold standard that is used for protection of PSWs throughout this province. So that is something which will be additional protection. The magic words, in summary, I only have a couple of more areas to cover and I appreciate your patience. At page three of your staff report, I think it is made entirely clear that, and I quote, "A natural heritage system is "a system-based approach is being used to ensure "long-term sustainability and no negative impact "on the environment." And no negative impact is one of the key tests of the province. It's not don't change anything, of course you're allowed to change things, but it's no negative impact on the environment. I continue, quote, "The significant natural heritage areas "are to be protected and conserved, "utilizing a hierarchy of techniques, avoidance mitigation, "and enhancement restoration." No offsetting, no replacement. "The subject lands are removed from areas of significance, "employing avoidance as the primary technique of protection." That is the approach that's been taken and which has been reported on. Land use compatibility very briefly, the staff report is clear that the Ministry of Environment and climate change guidelines can be met, so your official plan is met. Page 11 and 12 of the report makes it clear that this will result in a complete community, however, not with the hospital, I'm not sure where that concept came from part, no hospital is being proposed as part of this plan, but there are jobs, there will be housing for Niagara Falls residents, there will be a number of additional components that will burnish and add to your tourism economy as well as equality of lifestyle. Finally, there is welcome recognition in your staff report, and I want to be particularly respectful of the very balanced submissions from Chief Dockstader and his son that there is welcome recognition of my client's commitment to indigenous consultation, to the extent we are able to undertake it, recognizing that it is the role of the Crown, but also GR (CAN)'s willingness to affirm treaty rights in accordance with Section 35 of the Constitution Act. GR (CAN) has already reached out to First Nations representatives, and I was not aware of the letters that have been sent and I would welcome getting a copy of those from Mr. Beaman or Mr. Herlovitch so that I can put that, factor that into what it is we are going to attempt to undertake, but your staff report has also addressed a policy. In closing, we commend the staff recommendation, and I need to say, I think what your staff has done has met the so-called Keesmaat Test. It has provided accessible information, a language that is entirely understandable, there's no jargon in here, you can read this report and understand what it's saying. Your staff has listened, has provided opportunities for public comment, all the information has been posted on the website as developed, there are detailed appendices, this is a very extraordinary and extensive staff report, in my experience. So the process has been rigorous, iterative, and from a legal perspective meets all the requirements of the new Planning Act and the LPAT. Council can adopt it with confidence, knowing that this decision is very well supported, and that much more process lies ahead to fine-tune the development to meet the needs of Niagara Falls, the region, and to meet the requirements of the province. Now, there may well be questions of me, but I would like to close by indicating that not only is the team here, having heard all the comments to respond as requested, but Councilor Ioannoni had asked a question and it had been referred to me, so perhaps I can address it. As I understand it, your question was, or the question was whether there was a requirement for hydrological or hydrogeological study, and who trumps who in that issue? And I think it's fair to say, the province is at the top of the heap. Sometimes they delegate stuff down to the Conservation Authority or to the region by way of a delegation agreement, but the region, as a result, answers up to the province, as does the Conservation Authority, unless they have delegated power. I am not aware of any requirement at the regional level for a watershed study or the hydrogeological study that had been referenced, and it is clear that that is not a requirement of the provincial government either. So where the study suggestion came from, perhaps it is something that's local that's been discussed, but it is neither a regional nor a provincial requirement. The other question you had when, I'm sorry, the Councilor had and referenced a quote from the MNRF report, that report and that quote spoke to hydrological reports. Those are different from hydrogeological reports, which were the watershed one, so the two were not, MNRF was not commenting on the Welland River watershed report suggestion. But if there is some need to have someone speak to the report from a technical perspective, Mr. Scheckenberger is here, and is happy to address that, and perhaps, Mr. Chair, I'm looking to you for guidance whether this is the appropriate time for Mr. Scheckenberger to address that one aspect of the Councilor's question? - Sure, yeah. - Thank you. - Thanks very much, Jane. So in brief, I'll start a little bit from the beginning. I've been involved in this project since 2015, and one of the first steps that we took was to actually pre-consult on the studies that were necessary. So that pre-consultation happened with the NPCA, happened with the region, and there was also outreach to MNRF. And it came back that the studies that were required were a hydrologic study, so that's dealing with surface water, and it was one that needed to define the movement of water in terms of dealing with potential issues of flooding, erosion, water quality and water balance. There was direct questions and consultation with the agencies at that time on the potential need for any further groundwater studies, hydrogeologic studies, and the assertion at that point was no, it was not required, and the reason it was not required was that the area was largely tight soils and that there would be limited contribution of groundwater to the wetlands and that the majority of that was really being done by surface water as well as the past disturbance that was done in that particular area. So that's the history of how the various studies, and Miss Pepino was correct, there was quite a distinction between hydrogeologic and hydrologic, they have close-sounding names, and they can sometimes being misinterpreted by laypeople. - Okay, thank you. - And with that, Mr. Chair, Mr. Mayor, members of Council, unless there are questions of me, I think you've heard enough of my voice. - I've got Councilor Ioannoni. - Thank you, through you to Miss Pepino, I had one other question that I asked, perhaps your client could respond. I have never seen anything that came to Council that has had that speaks of organizing investment. I'll just go to the opportunities and investment in having us work on immigration laws, regulations and policies. So why would that be in the MOU, and on whose insistence was that? Because we, in our public meetings, we have had people state that because that is in the MOU, they do not believe the jobs will go to local people. So it's hard to tout 2,500 jobs when that sentence has been used in every public meeting. So what exactly does that mean? - To be absolutely truthful, I'm not sure. I can say what I know it doesn't mean. There is no reference in that MOU in my review of Planning Act applications. It is very clear that the MOU does nothing to fetter Council's discretion to make any decision it wishes to on planning matters. I read the MOU frankly as a goodwill gesture, to indicate that Niagara Falls was open for business, that Niagara Falls was going to be a welcoming community for investment from around the world, but also, I read it as being Niagara Falls was open for business because that would be good for Niagara Falls. So beyond that, I don't know what to make from it. - Well, your client is here, could she respond? - No, she cannot. - Okay. - Does not have the skills, the English skills to respond. - But her interpreter is speaking to her now. - Well, you asked for my client. I don't think it's, I don't think, frankly, with the greatest of respect, it's a non-binding agreement that does not address Planning Act matters and therefore is not frankly one of the issues to be discussed or to consider by Council this evening in making your decision. - Thank you. - Do we have any other questions of Council for Miss Pepino? Oh, I'm sorry, ma'am, the public meeting is finished, this is just the Council now. So these are your last chance, Councilors, if you have any questions. Okay, thank you very much. - Thank you for your attention. - The public meeting with respect to the proposed-- - [Carolynn] Can we ask questions of staff? - Yes you can, yes. - One of the-- - [Man] Sir, is the public meeting still open? - It is of us, yes, so you can ask staff, that's right. Or-- - We can ask staff. - Yes, Mr. Beaman? (Ken speaking quietly) Okay, all right. So the public meeting with respect to the proposed amendment to the official plan is now concluded. Councilor Iannoni, you wanted to ask staff questions? - One of the reports from consulting agencies or consulting groups that was not in here that surprised me was there are no comments from our fire service. There's one exit in, one exit out. Generally, we have a fire service comment. Why is it absent from this document? - Who wants to answer that? - I'll take the first stab. First of all, it's not one entrance in and one entrance out, there's an entrance from Dorchester Road and McLeod, and Chippawa Parkway and Stanley. There are two entrances. We're not talking about a subdivision where we have only one access. Those subdivision plans will come later, so this is a large-scale plan that shows collector roads, it's not just a single entry. - Okay, Councilor? - Thank you, this had been touted as a city within a city, even two days ago in the newspaper. So I would think if we were building a city within a city, we would have a fire plan and comments on safety from our fire service. We have it in every other application that comes before us. - Okay. Any other questions of Council? No, okay. Well, Council, we're looking for a motion. Councilor Campbell? - Yes, thank you, your worship. I'm not prepared to make a motion, but I'd like to make some comments. The phrase scientific investigation was used tonight. I was brought up in a scientific environment. For something to be scientific, it has to be valid, reliable, and reproducible. If it does not satisfy those three issues, it cannot be taken as true. For example, Linus Pauling. What's that name familiar with, what did he do? He said that vitamin C in massive doses can prevent the common cold. Everybody takes vitamin C, but you know what? No one has been able to reproduce those results that proved vitamin C helps the common cold. Now, things are changing so fast, that I can't accept moving this forward on this basis. For example, I've taken it upon myself to educate myself to the best of my ability, and I have I found out that the hurricanes in the Houston, Texas this past, or last spring, resulted in significant flooding. You know why? Because they built that city on environmentally-sensitive land. They brought it upon themselves for that flooding to occur. I'm of the firm mind that, first of all, I'm not against the development, I think it's great. I think the problem is it's in the wrong place. I think that any development in that area, it might not happen in my lifetime, but my great-grandkids will see that area die because when you start changing things, it is a house of cards, and it's going to end up being no longer a significant wetland. So I can't support moving this out today, I'm sorry. - Thank you. Anybody else have comments, questions, motions? Okay, Councilor Kerrio, Councilor Campbell? - Well, your worship, and listen everyone this evening, the comment that got me the most was the very first comment that Miss Pepino made was that this property is owned by these people. It would be maybe better if they could maybe do it somewhere else, but I think they spent in excess of $30 million to buy this property and get it ready to develop. And I'm a firm believer that they have the right as was explained to us their lawyer to proceed in the proper manner with the proper studies given, it's their right to proceed the way they're proceeding. I'm not unhappy with what I've seen. I've listened to all of the people make their pitch. They haven't convinced me that this is the wrong thing to do. Our Council and our city has been pro-development. We pride ourselves on being pro-development. You going to China and promoting development is something I think you should do. I think every level of government talks about how they're going to try and reduce red tape to get more industry, more development, more jobs, more housing, we have them in our lap. So we have these people here that have spent the money, closed the deal on the property, hired all of these people that they bring with them tonight, and I find it very difficult to believe that they would proceed without local jobs. There's no way in the world they can do this project without hiring local people. They're not going to bring a developer from Asia, or they're not going to bring contractors or equipment from wherever some of the speakers have suggested they're going to bring them, they're going to hire the people that can do the job the best at the best price, and I think it's local people, local regional people. It may not be everybody just from Niagara Falls, they're going to hire people from all over the region. I'm very happy to be able to say I'm prepared to support what's before us by staff, move the staff approval. - Okay, we got a motion by Councilor Kerrio, seconded by Councilor Morocco. You want to speak to it, Councilor? - Yes, I want to support staff's recommendations for a number of reasons. I think this is probably one of the first developers or developments that have come past our desk that are actually asking and willing to work with us to protect wetland and to protect some of this land. I have to say, I've seen a number of projects, and I'm sure that we all have where developers have gone in and clear-cut the entire development, and then came back to us and asked for permission. I don't think anyone around this table can disagree. And I'm, we talked about that it's been three years, well, I just hope that this isn't something we go to other developers that this is an expedient process, because it sure as hell wouldn't make them come and want to do business with us. I think that we're actually doing our due diligence, we're listening to people, we're trying to make sure that all of the levels of government are being dealt with. And another thing too is that staff has actually stated here and I just want to make sure that this is correct that this approval only clears the way for the proponents to undertake the next steps recommended in this report, correct? And that's the 27 steps, that's looking at them directly through you, your worship, to Mr. Herlovitch, and that should the proponents fail to comply with these recommendations, Council and other agencies would have the ability to stop the project by not granting additional approvals, such as a draft plan. And I'm sure that's yes to all of those points. Given these lands are previously zoned industrial and recommended to be rezoned to urban in the 70s and was reaffirmed in 2008, I have to say that I have to support this conditional approval, but I'll take this opportunity to warn the proponents that failure to fully comply with these recommendations will leave me to vote against any further approvals for this project. So I think that all this Council feels very strongly about protecting the wetland we're protecting, and it's too bad that we didn't have the opportunity to do this with a lot of the other developments that have already happened, and many of us are living in subdivisions that already have no trees in there, there's no wetlands, and it's park that's been man-made, so I'm really pleased to say that we are on the right track and hopefully future development, we will look as closely with those developers as we are with this development in front of us today. - Okay, thank you very much, Councilor. I've got Councilor Thomson and then Strange. - Well, it's been a wonderful night. (council members laughing) I've been around a long time, but I think this was probably the most stressful evening in political life. I want to say that I have been very serious from the initial stages with respect to where we're going with this project because I would hear both sides of the story all the way through, and I deliberately, I resisted meeting with the proponent simply because I didn't want to be swayed one way or the other, I wanted to have factual information before I came to a conclusion. And I think if you look back over the years, this has been in the urban boundaries since 1966, I think. It's been designated as industrial land. Somebody could have built an industry there in the past. I think we really set the pace for this when we approved the residential development in 208 with respect to this. We've already intruded into this particular area. The pictures that I saw some time ago where everybody was saying this is pristine land, where the, don't disturb the wetlands or the forest, and then all of a sudden, somebody comes in with pictures that shows you it's farmland and it's completely barren. So all of a sudden, you think, well, what we're doing is the right thing, moving ahead with this particular development, but then you hear and you see pictures of wetlands, you hear about the bees, you hear about the other creatures that are there. Well, actually, I worked for the health department for 28 years, we we're trying to get rid of the bats, but that doesn't seem to be the feeling of a lot of people who are concerned about that. So I was really trying to make up my mind tonight where I'm going to go, and I have to say when Mrs. Pepino started off her comments and she said this is the first step in moving forward with respect to this, all of the studies have been submitted, there was all kinds of people making comments, "Oh, we don't have this", questioning that, all of the studies, and she's complimented the staff on the wonderful job that they've done, even though it's taken them three years, I think that we're moving ahead and this is just the next step of all of the approvals and everything we have to go through with respect to this, and I think by doing this, we can have the best of both worlds. We can have a first-class development and we also can retain some of the environmentally sensitive areas in this particular area. So I really got an education myself tonight. I have heard from Mrs. Pepino before, I've been here when I was mayor, actually, the best mayor the city's seen. (all laughing) He likes to hear that. Anyway... I'm very satisfied with my decision tonight, and I think this is going to be positive for both sides with respect to this in the final analysis, and we still have a long way to go, and we still have the opportunity make any changes along the way, so thank you for the opportunity. - Thank you, Councilor. We've got Councilor Strange. - Yeah, your worship. It was a long, long evening, and I think the public meeting went pretty good. We've heard from both sides and saw some very passionate people come through and worried about our wetlands and worried that they might be destroyed and worried about the bat species and toads and all that sort of stuff. I've met the developers a couple times. In fact, a couple years ago, they came in and they purchased the land and thought that they could probably develop on probably over 200 acres of land 'cause it wasn't as many wetlands and the province came in and said there's more wetlands than what they are. So for them to come back and come up with a compromise, and they have 27 recommendations here that they have to follow, they have to go through, and if they don't, then it won't go through. So I think it's a great development. I really love the fact, especially the senior housing bringing all those 238 senior units, which we definitely need in Niagara Falls. There's a waiting list I don't know how long for seniors. So I love the development, I actually think that they do care about the environment, they do care about the wetlands, and I walked through, probably maybe a year and a half ago, a year ago, with Owen and Ed Smith, and I was with Councilor Pietrangelo and I saw beautiful, and there were some animals there, and I saw so much garbage out there, it was brutal. And it's time to clean up that land, and I think this could be a good development, and I actually think it could save the wetlands, I really do. - Thank you, yeah, Councilor Kerrio? - Just one thing, your worship. If I could add into the motion, I was asked by one of those speakers, could we have a recorded vote? - Okay, Mr. Clerk, so if there's no further comments, oh, Councilor Craitor? - Thank you, your worship. I just have a couple of short comments. First I want to express my appreciation to Alex and to Mr. Barnsley. They were kind enough, and I spent hours with him trying to understand the history of this land and to thank him for, when I was away, so I want to thank him for that. I want to thank all the people that either called me or emailed me or stopped and talked to me, give me their opinions, which I appreciate. I will tell you that I did meet with the developer, and it's not unusual, people that know me know that I meet with everyone to try to gather information. So I'm going to tell you, I have prepared, and I could read it, I took the time, 'cause I already made a decision before I came here. And that there's a five page statement I put together, and that is that I wasn't going to support to development. But I'm not going to read the statement. I really, really took the time to listen to what was being said today, and we all do anyway, but you really try to, and then you started drawing on some of your pasts too, so I'm going to share a couple things with you. I do remember, and during my term of office as a provincial member of Parliament when Fort Erie had the opportunity to develop Crystal Beach. And the developer came in and there was controversy among the residents, and in the end, the developer pulled out. And Crystal Beach is exactly the same as it was back then. They missed an opportunity to develop something and make it into a special area. I really felt a lot more comfortable with the 27 points that were, I didn't quite understand that until I listened to it a couple of times and said to me there's 27 points, we're not approving anything tonight, those 27 conditions have to be met. If they're not met, then the deal's lost. And that, obviously I missed it, didn't realize it, but I heard it three or four times said over and over that that's a priority. So I am going to support it, I know I'm going to lose some friends because of it, that's the world of politics. I do know when I go home, my three dogs will still love me, I know that for sure. - [Vince] You're going to have to buy another dog. (all laughing) Leave it to Vince Kerrio, yeah. So as I said, I did have it, and I was not going to support it, but based on the fact that have been given, I am going to take that position tonight and I will support the motion that's been put forward. - Okay, thank you, Councilor. - Thank you. - Okay, Councilor Ioannoni? - Thank you, Mr. Mayor. I just want to say that Miss Pepino brought up the 2008 application, which we were emailed today in regards to, give us our past viewpoints, and it's funny because some of the the same concerns then are the same concerns the MNRF has right now. Those things have not been changed. And she made a statement that said, except for the turtle report that they have, that they haven't read, that they really don't have any concerns in regards to the species at risk, but that's not what it says in their letter to us, and the letter's dated April 30th, and I want to read this to Council. And it says that it is, the letter, the comments are coming to us under the current policy structure, which states that development and site alteration in provincially significant wetlands is not permitted. And based on the proposed Schedule G, in the application, it appears that mixed use low-medium density and high-density residential uses are proposed within PSWs. MNRF reiterates the following comments from previous correspondence. We don't, I don't know if we've had those previous, we have so much in front of us, I don't know if we've had those previous correspondence, but that is the policy as dated today. Well this came to us April 30th, so if it's changed in the 10 days, then it's not applicable, but as they state, it is. The MNRF is not, does not think that this should go ahead. And to me, it trumps us. And to me, putting it through as a community plan which is nothing this Council has ever dealt with anywhere says to me that we're circumventing it, it says to me that we're inviting an appeal, and there are people out there who are going to appeal, so they've made that abundantly clear, but I think this is such a huge piece of environmentally sensitive land that to do this recommendation via a community plan is piecemeal, and I think it is very short-sighted of Council, and to meet any application that needs 27 recommendations is problematic in itself. So I'm not going to support the recommendation from staff, and I really hope that in 20 years, my granddaughter is not struggling in an environment that she cannot live in and the decision gets pointed back to this Council, environmentally ruining Niagara Falls. - Okay, thank you. Okay, if there's no further comments, I think Mr. Clerk, you can call the vote. - It was moved by Councilor Kerrio, seconded by Councilor Morocco that Council move the recommendations in the staff report, PBD-2018-30. That Council, one, to approve the application to amend the official plan, and two, to change the current zoning of the subject lands and the lands adjacent to a development holding and environmental protection zoning subject to the recommendations that are detailed in this report being satisfied. Councilor Campbell? - [Wayne] Opposed. - Councilor Craitor? - [Kim] In favor. - Councilor Ioannoni? - [Carolynn] Opposed. - Councilor Kerrio? - [Vince] In favor. - Council Morocco? - [Joyce] In favor. - Councilor Strange? - [Mike] In favor. - Councilor Thomson? - [Wayne] Yes. - And Mayor Diodati? - For. - It passes. - So everyone that's here for this latest development, it has passed. I want to thank everyone for your patience and your time. Thank you. (all applauding) Okay, the by-laws, how about a reading for the by-laws? First reading. Moved by Councilor Craitor, seconded by Councilor Morocco that the by-laws be given a first reading. All those in favor? It's approved. (people chattering) Call your dog. - By-laws 2018-48, through to 2018-58, read it first time. - Okay, by-laws be given a second and third reading. Moved by Councilor Strange, seconded by Councilor Morocco. All those in favor? - By-laws 2018-48 through to 2018-58, read a second and third time, it passes. - Okay, motion for adjournment? Moved by Councilor Kerrio, seconded by Councilor Campbell. All those in favor? Okay, and we're adjourned, thank you. (gavel banging)

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