Minutes1996 FIRST MEETING
COMMITFEE OF THE WHOLE~
Committee Room #2
January 8, 1996
Council met on Monday, January 8, 1996 at 6:30 p.m. in Committee of the Whole. All
members of Council, were present. Alderman Norm Puttick presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose to report
in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
January 8, 1996
Council met on Monday, January 8, 1996 at 7:30 p.m. for the purpose of considering
ReguIar Business. All members of Council, were present. Alderman Paisley Janvary offered the
Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of December 11, 1995 reflect his conflict of
interest on Report F-95-39.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the
Minutes of the Planning/Regular Meeting of Council of December 11, 1995 be adopted as mended.
Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Campbell, Hendershot, Janvary and Pietrangelo indicated pecuniary interests on
Communication No. 06, The Corporation of the Village of Bay~eld, because they are employed by
the School Board; indicated pecuniary interests on Report F-96-01, Cheque Nos. 217532 and
217751 because the recipient is their employer.
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-96-01, Cheque
Nos. M910207, 217701; 217973 and 217813 because members of their family are employed by the
Region.
Alderman Craitor indicated a pecuniary on Report F-96-01, Cheque No. '217797 because he
sits on the Board of Directors as a volunteer member; indicated a pecuniary interest on
Communication No. 02, because of federal funding involvement with his empl6yer; indicated a
pecuniary interest on Communication No. 09 because he is involved with an organization that
operates a bingo.
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Alderman Cummings indicated a pecuniary interest on Communication No. 09 because he
is involved with an organization the deals with bingos.
Alderman Fisher indicated a pecuniary interest on Report F-96-01, Cheque No. 217658
because her son-in-law is employed by the company.
Alderman Susin indicated a pecuniary interest on Communication No. 09 because members
of his family are involved with an organization that deals with bingos.
Alderman Ward indicated a pecuniary interest on Report F-96-01, Cheque No. 217689
because a member of his family has a business interest; and indicated a pecuniary interest on Cheque
No. 217883 because he has a business interest.
DEPUTATIONS
Mr. Bill Bennett, 8472 Thorold Stone Road expressed concerns regarding the high
number of accidents in the area elKstar and Thorold Stone Roads. Mr. Bennett requested that the
speed limit be reduced from 80 Fan to 60 kin. and that the Regional Police be requested to enforce
the speed limits in this area.
During the discussion, it was suggested that Mr. Bennett appear as a Deputation before a
Regional Public Works and Utilities Committee meeting to express his concerns on the matter.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the matter
be referred to staff and to assist with the request for Mr. Bennett to obtain an appointment to attend
a Regional Public Works and Utilities Committee meeting. Carried Unanimously.
Mr. Rick Brady, Niagara Parks Commission reiterated the position of the Niagara Parks
Commission that the rezoning for the Sheraton Fallsview Hotel was premature at this time until the
~nalization of the Tourism Official Plan Policies.
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Communication No. 01 - The Niagara Parks Commission. The communication advised that a
full report was in process that would comment on the policies and make several suggested changes
to the dra~ policies. t
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
communication be received and filed. Carded Unanimously.
COMMUNICATIONS
Communication No. 02 - Social Planning Council of Niagara Falls - Re: Community
Resources Centre. The communication requests Council consideration to allow'the Social Planning
Council to remain in the Community Resources Centre rent free as of January 1, 1996 until August
31, 1996 in order to complete their contract grant obligations.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the matter
be referred to staff.. The motion Carded with Alderman Craitor abstaining from the vote on a
conflict of interest previously noted and with all others voting in fayour.
Communication No. 03a) - Niagara Falls Volunteer Bureau - Re: Continuance of operations -
requesting Council consideration to continue the operations of the Niagara Falls Volunteer Bureau,
rent free from January I to August 1, 1996; and Communication No. 03b) Unity Niagara,
Niagara's Intercultural Alliance. The communication advises if Council allows rent
free office space for the Social Planning Council it should be for the sole purpose of continuance
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and completion of the projects including Unity Niagara; if not, then the communication requests
that separate rent-free office space be considered for Unity Niagara until March 31, 1996.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Campbell, that the
matter be referred to staff Carried Unanimously.
Communication 04 - Township of Hagarty & Richards - Re: Resolution. The communication
requests Council endorse a resolution requesting the Ministry of Natural Resources to continue to
operate Bonnechers, Fay and Bonnechers River Provincial Parks without offering new services
already available from private enterprises.
ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that the request
be supported. Carded Unanimously.
Communication No. 05- Victorian Order ofNurses - Re: Proclamation. Thecommunication
requests Council proclaim the week of January 21 - 27, 1996 as "National VON Week" in Niagara
Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request
be supported subject to established policy. Carried Unanimously.
Communication No. 06 - The Corporation of the Village of Bayfield - Re: School Board
Funding. The communication requests Council support a resolution requesting the Mi~sters of
Finance and Education for the Province of Ontario undertake immediate education finance reform
and obtain reasonable and fair levels ofeducatinn taxation.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the matter be
referred to staff.. The motion Carded with Aldermen Campbell, Hendershot, Janvary and Pietrangelo
abstaining from the vote on conflicts of interest previously noted and with all others voting in
favour.
Communication No. 07 - The Town of Niagara-On-The-Lake - Re: Bernardo Trial Tapes. The
communication requests Council support a resolution petitioning the Federal and Provincial
Government to do everything in their power to ensure that the Bernardo trial tapes are destroyed or
that they are never made public.
ORDERED on the motion of Alderman Craltor, seconded by Alderman Cummings, that the request
be supported. Carded Unanimously.
Communication No. 08 - Regional Niagara, Office of the Clerk - Re: Report RPIC95-2 -
Reassessment to Market Value. The communication requests comments on the report and to
express preference with regard to a phasing program which includes Regional/School Board
participation.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the matter
be referred to staff.. Carried Unanimously.
Communication No. 09 - Niagara Falls Lions Club - Re: Bingo Schedule. The communication
requests that the Bingo schedule be amended to include their club as an independent operator.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the request
be approved and the event calendar be amended accordingly. The motion Carried with Aldermen
Craitor, Cummings and Susin abstaining from the vote on conflicts of interest previously noted and
with all others voting in favour.
Communication No. 10 - Mr. Ben Schweitzer - Re: Petition. The communication requests that
sidewalks be installed on both sides of Allanthus Avenue; that the existing boulevard be narrowed
to widen the road surface and that a proper curb be installed around the boulevard.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter
be referred to staff.. Carried Unanimously,
Communication No. 11 - Ministry of Municipal Affairs and Housing - R~: Provincial Policy
Statement. The communication requests comments on the draft Provincial Policy Statement.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman V~lpatti, that the
correspondence be received and filed. Carded Unanimously.
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Communication No. 12 - Consumers Gas - Re: Consumers Gas 1997 Rate - Notice of Application.
The communication advises that Consumers Gas has filed an application with the Ontario Energy
Board for approval of rates and other charges for the sale, distribution, transmission and storage of
gas.
ORDERED on the motion of ,Alderman Puttick, seconded by ,Alderman Craltor, that the matter be
referred to the Association of Municipalities of Ontario (AMO) requesting their intervention on
behalf of municipalities. Carded Unanimously.
Communication No. 13 - The Canadian Red Cross Society - Re: Annual "Mayor's" Blood Donor
Clinic. The communication advises that the Annual Mayor's Blood Donor Clinic is scheduled for
February 20, 1996 and requesting confirmation to go ahead with the pre-clinic promotion at a cost
of approximately $275.00.
ORDEKED on the motion of ,Alderman Hendershot, seconded by ,Alderman Cummings, that the
correspondence be received for the information of Council and that the request of $275.00 be
approved. Carded Unanimously.
Bill 26
Prior to dealing with further Council matters, the Director of Community Services referred
to Report L-96-03, dealing with Bill 26 and that a submission be prepared and presented at a public
heating on January 11, 1996. He requested that the details presented in the report highlighting the
main features of Bill 26 be received for information.
ORDERED on the motion of ,Alderman Cummings, seconded by ,Alderman Hendershot, that a
submission pertaining to Bill 26 discussed prior to Council be approve& Carried Unanimously.
REPORTS
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Communication No. 14 a) Royal Bank of Canada; Communication No. 14b) Gold's Variety
Ltd., Communication No. 14c) Bank of Montreal; and Communication No. 14d) Gaylord
Niagara Investments Inc. The communications request consideration be given for drop off spots
on Queen Street.
Following some discussion, it was ORDERED on the motion of ,Alderman Puttick, seconded
by ,Alderman Fisher, that the requests regarding drop off spots be referred to the Parking and Traffic
Committee. Carded Unanimously. t
ORDERED on the motion of ,Alderman Volpatti, seconded by ,Alderman Ward, that the Mayor and
the Chairperson of the parking and Traffic Committee meet with the Downtown Board to discuss
the procedures. Carded Unanimously.
MW-96-04 - Chairperson, Municipal Parking and Traffic Committee - Re: Municipal Parking
and Traffic Committee Recommendations, December 19, 1995 Meeting. -The report
recommends the following:
1. Request for drop-offzone - in front of the Oueen St. Pharmacy - that a drop-offzone be
established on the north side of Queen Street in front of the Queen Street Pharmacy for a 4-
month period, which would allow the Pharmacy time to const,ruct a proper access in behind
the building;
2. MW-95-223 - Keith St. - Heavy Vehicle Prohibition - that a heavy vehicle, restriction be
implemented on Keith Street between portage Road and Sinnicks Avenue;
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MW-95-224 - Dock Street, Chippawa - Request for "No Parking" Restriction - that a "no
parking anytime" zone be established on Dock St. adjacent to the entrance of the I.G.A.
(Chippawa) grocery store;
Closure of Certain Municipal Parking Lots for the Winter Season (until April lst) - that the
following municipal parking lots be fully or partially closed until April lst:
i) Municipal Parking Lot # 1 - comer of Park St. and Zimmerman Ave.; ii) Municipal Parking
Lot #5 - west side of Ellen Avenue between Magdalen Avenue and Ferry Street; iii)
Municipal Parking Lot #18 - Kitchener Street and Victoria Avenue - to be reduced in size
from 120 parking spaces down to 20 parking spaces;
Regional Road Traffic Concerns - that this item be referred to the Region of Niagara so that
following intersections could be reviewed by Regional Traffic staff with regard to safety and
the need for additional traffic controls (i.e. traffic signals) - i) the intersection of Mountain
Road and St. Paul Avenue; ii) the intersection of Portage Road and Marineland Parkway; iii)
the intersection of Dorchester Road and O'Neil Street.
ORDERED on the motion of ,Alderman Ward, seconded by ,Alderman Craitor, that the
Recommend. ations be approved, except for Item//4, subsection iii). Carded Unanimously,
Following some discussion, it was ORDERED on the motion of ,Alderman Campbell,
seconded by ,Alderman Orr, that Municipal Parking Lot #18 be closed until April 1, 1996. The
motion Carded with ,Aldermen Craltor, Janvary, Susin, Volpatti and Ward voting contrary to the
motion and with all others voting in fayour.
See By-law No. 96-05
See By-law No. 96-06
See By-law No. 96-07
R-96-01 - Chair, Civic Committee - Re: 1995 Civic Committee Activities. The report
recommends that this report be received and filed.
ORDERED on the motion of,Alderman Janvary, seconded by ,Alderman Fisher, that the report be
received and adopted. Carried Unanimously
His Worship Mayor Thomson presented a token of appreciation to ,Alderman Gary
Hendershot, Chairman of the Canada Day Committee, in appreciation of his dedication and
commitment to this community event.
F-96-01 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that
the accounts totalling $16,531,649.26 for the period ending January 8, 1996 be approved by the
passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Pietrangelo, seconded by ,Alderman Volpatti, that the report
be received and adopted. The motion Carded with ,Aldermen Campbell, Craltor, Cummings, Fisher,
Hendershot, Janvary, Pietrangelo and Ward abstaining from the vote on conflicts of interest
previously noted and with all others voting in favour.
See By-law No. 96-12
F-96-02 - Chief Administrative Officer - Re: Niagara Falls Hydro Electric Commission,
Debenture Financing Request. The report recommends that Council pass the resolution requesting
approval for the Niagara Falls Hydro Electric Commission request to borrow/debenture
$1,000,000.00 to assist with the financing of the 1996 Capital Expenditure Program.
ORDERED on the motion of,Alderman Cummings, seconded by ,Alderman Volpatti, that the report
be received and adopted. Carried Unanimously.
See Resolution No. 96-01
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CD-96-01 - Chief Administrative Officer - Re: Appointments to Boards, Commissions and
Committees. The report recommends that Council select appointees to serve for further terms on
the following Boards, Commissions ap.d Committees, and that the appointments be continned by
the passage of the By-law at this meeting.
Arts and Culture Commission - As recommended in Approved Report 11.-95-86, these
appointments are postponed until February, 1996.
Greater Niagara Transit Commission - ORDERED on the motion of Alderman Cummings,
seconded by Alderman Volpatti, that through secret ballot, R. Ted Salci and Ron Sunstrum were
appointed as citizen representatives to the Greater Niagara Transit Commission for the 1996 and
1997 term. Carded Unanimously
Niagara Falls Board of Museums - ORDEIlliD on the motion of Alderman Janvary, seconded by
Alderman Cummings, that Carol Stewart-Kirkby; Timothy M. Sineaton and Peter McKenna be
appointed as citizen representatives to the Niagara Falls Board of Museums. Carried Unanimously
Niagara Falls Recreation Commission - ORDERED on the motion of Alderman Cummings,
seconded by Alderman Volpatti, that through secret ballot, Jim Diodati, Jr. Darryl Hudson, Ken
Kuhn and Lou Stranges were appointed as citizen representatives to the Niagara Falls Recreation
Commission for the 1996 and 1997 term; and Jack Bishansky; Cbxis Cage; Bruce W. Phillips and
David Scott were appointed as citizen representatives to the Niagara Falls Recreation Commission
for the 1996 term. Carded Unanimously
property Standards Committee - ORDERED on the motion of Alderman Janvary, seconded by
Alderman Cummings, that Michael Aceti be appointed as a citizen representative to the Property
Standards Committee for the 1996, 1997 and 1998 tenn. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the ballots
bcdestroycd. CarriedUnanimouslY. SeeBy-lawNo. 96-13
CD-96-02 - Chief Administrative Officer - Re: Reduction and Refund of taxes, Section 443 of
the Municipal Act; 4993 Homewood Avenue; 7846 Bigear Road; 6882 Sunrise Court and 6570
Level Avenue. The report recommends the following:
1. That a refund oftaxes amounting to $190.91 fortheyear 1993 and $191.11 fortheyear 1994
be made to Guy & Sharon Synder;
2. That a refund of taxes amounting to $35.03 for the year 1994 be made to Benire & Mafia
DiDomenico;
3. That a reduction of taxes amounting to $431.01 for the year 1994 be made to Carde Glasser;
4. That a reduction of taxes amounting to $133.38 for the year 1994 be made to Kenaid and
Janice Longburst.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Campbeg, that the
report be received and adopted. Carded Unanimously.
L-96-01 - Chief Administrative Officer - Re: Transfers of Easements (Kent Avenue); Parts 1,
2 and 3 on Reference Plan 59R-9139. The report recommends that the Mayor and Clerk be
authorized to execute a Transfer of Easement to Roeors Cablesystems Niagara partnership and a
Transfer of Easement to Niagara Falls Hydro electric Commission for Parts 2 and 3 and parts 1, 2
and 3, respectively, on Reference Plan 59R-9139,
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ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the report
be received and adopted. Carried Unanimously.
See By-law No. 96-09
See By-law No. 96-10
See By-law No. 96-11
L-96-02 - Chief Administrative Officer - Re: Property Standards Order, Robert Stefen
Kolompar; 4664 Simcoe Street. The report recommends that Council retain a demolition
Contractor to forthwith complete the work which Robert Stefen Kolompar was directed to carry out
under the Order of the Property Standards Officer, namely demolish the building, leaving the land
in a clean and level condition on the subject property.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously
RESOLUTIONS
NO. 01 - RESOLVED that the Council of the Corporation of the City of Niagara Falls at its meeting
of January 8, 1996, approves the Niagara Falls Hydro Electric Commission request to
borrow/debenture $1,000,000 to assist with the financing of the 1996 Capital Expenditure ti'rogram.
AND The S~al of the Corporation be hereto affixed.
Carded Unanimously
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
professional liability insurance for the City Solicitor be approved as suggested. Carded
Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that leave be
granted to introduce the following by-laws and the by-laws be read a first time:
96-01
A by-law to provide for the adoption of an amendment to the City of Niagara Falls
Official Plan. (Amendment No. 15, Special Policy Area 22 - Crawford)
96-02
A by-law to authorize the execution of a Subdivision Agreement with Ascot Woods
Ltd. and others respecting the Ascot Woods Extension 5 Phase 1 Subdivision.
96-03
A by-law to amend By-law No. 91-41, being a by-law to continue the Recreation
Commission and to authorize the carrying on of community programs of recreation.
96-04
A by-law to amend by-law No. 79-200, as amended. (AM-32/94, Romzap Ltd.)
96-05
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking).
96-06
A by-law to amend by-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Heavy Vehicles).
96-07
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Standing)
96-08
A by-law to authorize the Transfer of Easement to Niagara Falls Hydro Electric
Commission for the purpose of constructing and maintaining an 61ectrical plant,
cable(s) and other equipment for the distribution of electrical energy and other works
appurtenant thereto. (Cor~eld St.)
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96-09 A by-law to authorize the Transfer of Easement to Rogers Cablesystems Niagara
partnership for the purpose of constructing and maintaining communication lines
other works appurtenant thereto (Kent Avenue)
96-10 A by-law to authorize the Transfer of Easement to The Regional Municipality of
Niagara for the purpose of constructing and maintaining a new sanitary sewer
forcemain and other works appurtenant thereto. (Kent Avenue)
96-11 A by-law to authorize the Transfer of Easement to Niagara Falls Hydro Electric
Commission for the purpose of constructing and maintaining an electrical plant,
cable(s) and other equipment for the distribution of electrical energy and other works
appurtenant thereto. (Kent Avenue)
96-12 A by-law to authorize monies for General purposes (January 8, 1996).
96-12t A by-law to provide for appointments to certain Boards, Commissions and
Committees.
The motion Carfie__ d with Aldermen Campbell, Craltor, Cummings, Fisher, Hendarshot, Janvary,
pietrangelo and Ward abstaining from the vote on By-law No. 96-12 on conflicts of interest
previously noted and with all others voting in favour.
ORDERED on the motion of Alderman pietrangelo, seconded by Alderman Craltor, that the
following by-laws be now read a second and third time:
96-01 A by-law to provide for the adoption of an amendment to the City of Niagara Falls
Official Plan. (Amendment No. 15, Special Policy Area 22 - Crawford)
96-02 A by-law to authorize the execution of a Subdivision Agreement with Ascot Woods
Ltd. and others respecting the Ascot Woods Extension 5 Phase 1 Subdivision.
96-0:1 A by-law to amend By-law No. 91-41, being a by-law to continue the Recreation
Commission and to authorize the carrying on of community programs of recreation.
96-04 A by-law to amend By-law No. 79-200, as amended. (AM-32/94, Romzap Ltd.)
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
96-05 traffic on City Roads (parking).
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
96-06 traffic on City Roads (Heavy Vehicles).
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
96-07 traffic on City Roads (Standing)
96-08 A by-law to authorize the Transfer of Easement to Niagara Falls Hydro Electric
Commission for the purpose of constructing and maintaining an electrical plant,
cable(s) and other equipment for the distribution of electrical energy and other works
appurtenant thereto. (Corfield St.)
96-09 A by-law to authorize the Transfer of Easement to Rogers Cablesystems Niagara
Partnership for the purpose of constructing and maintaining communication lines
other works appurtenant thereto (Kent Avenue)
96-10 A by-law to authorize the Transfer of Easement to The Regional Municipality of
Niagara for the purpose of constructling and maintaining a new sanitary sewer
forcemain and other works appurtenant thereto. (Kent Avenue)
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96-11
A by-law to authorize the Transfer of Easement to Niagara Falls Hydro Electric
Commission for the purpose of constructing and maintaining an electrical plant,
cable(s) and other equipment for the distribution of electrical energy and other works
appurtenant thereto. (Kent Avenue)
96-12
A by-law to authorize monies for General Purposes (January 8, 1996).
96-121 A by-law to provide for appointments to certain Boards, Commissions and
Committees.
The motion Carried with Aldermen Campbell, Craitor, Cummings, Fisher, Hendershot, Janvary,
Pietrangelo and Ward abstaining from the vote on By-law No. 96-12 on conflicts of interest
previously noted and with all others voting in favour.
NEW BUSINESS
Niagara Ad Hoc Committee on Municipal Reform
The Director of Community Services referred to correspondence from Regional Niagara,
Office of the Clerk inviting members of all area municipalities to attend a Niagara Ad Hoc
Committee qn Municipal Reform Information Gathering Meeting on January 11, 1996. He indicated
that data had been provided dealing with a review of Regional government in the area and due to
the short time frame, the municipality had not had an opportunity to prepare a brief or submission,
but that a draft Regional report would be prepared at the end of January and the municpality would
respond at that time.
7th Annual Sports Wall of Fame
Alderman Janvary advised that the 7th Annual Sports Wall of Fame event would be held at
the Niagara Falls Arena on Sunday, January, 14, 1996.
Letter of Condolence
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin that a letter of
condolence be forwarded to the family of the late Rose Calabrese on their recent loss. Carried.
Unanimously.
tan Strathern Fundraiser
His Worship Mayor Thomson referred to the fundraising hockey game on behalf of Ian
Strathern to be held on Saturday, January 27, 1996 with the Niagara Falls Thunder vs Peterborough
Petes at 7 p.m. and a Sports Celebrity Dinner to be held at Club Italia on Sunday, February 11,
1996 at 6 p.m. and invited everyone to attend.
ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the meeting be
adjourned. Carded Unanimously.
READ AND ADOPTED,
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SECOND MEETING
COMMITTEE OF THE WHOLE_
Committee Room #2
January 15, 1996
Council met on Monday, January 15, 1996 at 6:45 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Orr, were present. Alderman Wayne
Campbell presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose to report
in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
PLANNING/REGULAR MEETING
Council Chambers
January 15, 1996
Council met on Monday, January 15, 1996 at 7:30 p.m. for the purpose of considering
Regular Business. All members of Council, with the exception of Alderman Orr, were present.
Alderman Fermino Susin offered the Opening Prayer.
ADOPTION OF MINUTES'
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the
Minutes of the Special Meeting of December 14, 1995 and the Minutes of the Regular Meeting of
Council of January 8, 1996 be adopted as printed. Carded Unanimously.
DISCLOSURES OF PECUN~RY INTEREST
Aldermen Cummings and Craitor indicated pecuniary interests on Report F-96-03, Cheque
Nos, 218055, 218163 because members of their families are employed by the Region.
Alderman Cummings indicated a pecuniary interest on Report PD-96-02 because Acres was
involved.
Alderman Ward indicated a pecuniary interest on Report CD-96-04, because he has a
business interest.
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DEPUTATIONS
Mr. Tom Skelton, Niagara District Ambulance Service, Niagara Falls Base, expressed
concerns regarding the provincial government's consideration of the privatizatinn of Ambulance
Services and indicated if privatization of the Ambulance Service should occur, the level of pre-
hospital emergency services would be adversely affected; discussed the types of Ambulance
Services in the province and the present and proposed billing procedures; advised that Ambulance
Services have become the tbArd point in the Triad of Emergency Services, along with Police and Fire
Services, the Ambulance Services supplement and compliment the other two services and requested
that Council send a letter of support of the existing government run Ambulance Service in the area
and request assurances of maintenance of the status quo.
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proposal to Reshape Ambulance Services and Related pre-hospitai Care in Ontario.
His Worship Mayor Thomson thanked Mr. Skelton for his presentation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that Council send
a letter of support of the existing government run Ambulance Service in the area and request
assurances of maintenance of the status quo. Carried Unanimously.
COMMUNICATIONS
Communication No. 15 - The Right Honourable Romeo LeBlanc, Governor General of Canada
- Re: Governor General's Award. The communication announces the establishment of a Governor
General's Award to pay tribute to those Canadians who give so generously of their talents, time and
energy caring for others and requesting nominations from the community of deserving recipients.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request
be referred to the Civic Committee and further that a letter be forwarded to the Governor General's
Office advising that the City is investigating the matter and that due to time constraints, submissions
will be forwarded at a later date. Carried Unanimously,
Communication No. 16 - Church of Jesus Christ of Latter Day Saints - Re: Water problems in
the Community Soup Kitchen dining hall. The communication requests Council waive the usual
cost of connecting a planned upgrade of their drainage system to the sewer under St. Lawrence
Avenue.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the
matter be referred to staff.
Communication No. 17 - Regional Niagara, Office of the Clerk - R.e: Lap Dancing Ban. The
communication provides information on the Region's request to the Minister of Health, The Hon.
Jim Wilson requesting the Government to act quickly to prohibit "lap dancing" as a means of
protecting public health.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that Council
endorse the communication. Carded Unanimously.
REPORTS
Ratification of Community Services Committee Actions
ORDERED on the motion of Alderman Headershot, seconded by Alderman Fisher, that the actions
taken on the following matters by the Municipal Works Con~nittee, earlier this evening be
approved:
1, Approval of the December 4, 1995 Community Services Meeting Minutes;
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MW-96-01 - Downtown On-Street Parking - Proposed Parking Restrictions - that the
Downtown Parking Restrictions as outlined in Report MW-96-01 be implemented as
presented;
MW-96-05 - Building Division Status Report - Month of December, 1995 - that the Building
Division Status Report for December 1995 be received and filed;
MW-96-10 - Update on Flooding conditions on Rapidsview Drive - that Report MW-96-10
be received and filed;
MW-96-11 - Recycling of Shingles - that the Information Report on recycling of Shingles
be received an filed, with a copy provided to Canadians for a Clean Environment;
MW-96-13 - Chemical Root Control Program - that Braywood Mechanical LId. be retained
to provide in-sewer chemical root treatment in the program area at a cost of $23,865.00;
,
MW-96-14 - Cliffon Hill & Falls Avenue BIA Improvement - that the firm of Robert M.
Martin Engineering & Project Management Inc, be retained to carry out design for Clifton
Hill and Falls Avenue BIA Improvements;
MW-9'6-15 - Community Resource Centre - Free Rent Request - that Report MW-96-15 be
received and filed - Alderman Craitor declared a conflict of interest;
9. Information Items:
- that information be received on Ontario Good Roads Association 1996 Annual Conference
Agenda, and that Alderman Norm Puttick attend this conference, and that staff arrange a
meeting with appropriate Ministers;
- that information be received on Thorold Stone Road Sanitary Sewer;
10. . That problems relating to The Cell Block be referred to staff
The motion Carried with Alderman Craitor abstaining from the vote on Report MW-96-15 on a
conflict of interest and with all others voting in fayour.
See By-law No. 96-14
PD-96-02- Chief Administrative Gfficer - Re: Consultation Selection for an Independent
Review of a Landfill Site Closure Application Proposed by Cytec Canada Inc. The report
recommends that the firm of Acres be selected to undertake the required study.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the report be
received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on
a conflict of interest previously noted and with all others voting in fayour.
PD-96-03 - Chief Administrative Officer - Re: Planning Act Changes Proposed by Bill 20. The
report recormnends the following:
That Council inform the Association of the Municipalities of Ontario and the ministry of
Municipal Affairs and Housing that it endorses those provisions of Bill 20 which are
intended to speed up the current planning process, as well as those changes which give more
autonomy to local municipalities;
That Council consider a review of the administrative and decision ma~ng options which will
be available for Minor Variance applications allowed under Bill 20;
-4-
3. That Council authorize staff to review and identify changes to the Zoning amendment and
Official Plan amendment applications, as well as the information which should be submitted
with such applications and report back to Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that the report be
received and adopted. Carded Unanimously.
pD-96-04 - Chief Administrative Officer - Re: Requests for Extension to Draft Plan Approval
Grand-View River Estates, 26T-89022 Parkway Acres, 26T-87010. The report recommends the
following:
1. That Council resolutions supporting a one-year extension to the i) Grand-View River Estates
Draft plan of Subdivision and ii) Parkway Acres Draft Plan of Subdivision be adopted
conditional on the respective applicants re-erecting the appropriate subdivision signs which
comply with Municipal and Regional requirements;
2. That a copy of this report and the Council resolutions be forwarded to the applicants and the
Regional Municipality of Niagara.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report
be received and adopted. Carded Unanimously.
F-96-03 - ChiefAdministrative Officer - Re: Municipal Accounts. The report recommends that
the accounts totalling $657,154.42 for the period ending JanuaW 15, 1996 be approved by the
passing of the by-law appearing later on the agenda.
Further information was provided on Cheque Nos. 218094; 218161; and 218202.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report
be received and adopted. The motion Carded with Aldermen Craitor and Cummings abstaining
from the vote on conflicts of interest previously noted and with all others voting in fayour.
See By-law No. 96-15
Ratification of Finance Committee Actions
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the
actions taken on the following matters by the Finance Committee, earlier this evening be approved:
Adoption of the December 14, 1995 Finance Committee meeting;
Niagara Volunteer Bureau Appeal of funding cut - that representatives of the Niagara
Volunteer Bureau meet with the Director of Community Services and the Manager of. Parks,
Recreation and Culture to investigate co-ordination of the Bureau's services with the
Recreation Department;
FC-96-01 - Quotation for Water Service Fittings and Water Meters - that the quotation for
water service fittings and water meters be awarded to Emco Supply, St Catharines; Canada
Valve, Hamilton, and Evans Municipal Supply, London;
FC-96-02 - Tender for Gasoline and Diesel Fuel 2 that the tender for gasoline and fuel
be awarded to Noco Energy Canada;
FC-96-03 - Phasing the Tax Impact from Market Value Assessment - that phasing the tax
impact from market value assessment be received for information;
Correspondence: Niagara Regional Native Centre - Request for donation - to approve a
donation of $100.00 for the Youth and Elders Conference organized by the Niagara Regional
Native Centre- Alderman Volpatti - opposed.
-5-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report
be received and adopted. The motion Carried with Alderman Volpatti voting contrary to the motion
on the Niagara Regional Native Centre and with all others voting in fayour.
CD-96-04- Chief Administrative Officer- Re: AM-21/95, Restricted Area By-law No. 95-260;
Vincor International, 4887 Dorchester Road. The report recommends that Council reaffirm its
approval of By-law No. 95-260 in order that the Clerk may notify the Ontario Municipal Board of
this at the same time as he forwards the By-law and Letter of Objection to the Board with the request
for a Hearing.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report
be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a
conflict of interest and with all others voting in favour.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions
taken on the following matters by the Committee of the Whole, earlier this evening be approved:
That Alderman Ward be appointed as Council's representative on Management's' 1996
Contract Negotiating team with the firefighters;
That staff be permitted to hire Mr. Ross Dunsmore for the upcoming Firefighters arbitration
case.
Carried UnanimoUsl~
RESOLUTIONS
No. 02 - JANVARY - VOLPATTI - RESOLVED that Alderman Victor Pietrangelo be appointed
Acting Mayor for the period of January 16, 1996 to Januar~ 19, 1996 inclusive; during the absence
of His Worship Mayor Wayne Thomson.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be
granted to introduce the following by-laws and the by-laws be read a first time:
96-14
A by-law to authorize the execution of an agreement with Robert M. Martin
Engineering & Project Management Inc. respecting the design services for
streetscaping project at Clifton Hill and Falls Avenue.
96-15
A by-law to authorize monies for General Purposes (January 15, 1996)
The motion Carded with Aldermen Craitor and Cummings abstaining from the vote on By-law No.
96-15 on conflicts of interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
following by-laws be now read a second and third time:
96-14
A by-law to authorize the execution of an agreement with Robert M. Martin
Engineering & Project Management Inc. respecting the design services for
atreetscapin8 project at Clifton Hill and Falls Avenue.
96-15
A by-law to authorize monies for General Purposes (January 15, 1996)
The motion Carried with Aldermen Craltor and Cummings abstaining from the vote on By-law No.
96-15 on conflicts of interest previously noted and with all others voting in fayour,
-6~
NEW BUSINESS
Letter of Congratulations
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that a letter of
congratulations be forwarded to Mr. Richard Morton and Mrs. Dale Morton on the recent birth of
their daughter. Carded Unanimously.
Strategic Planning
Aldenvan Selina Volpatti requested further information on the Strategic Plan matter and was
advised by the Director of Community Services that a report on Strategic Planning would be
presented at the next Council meeting.
-7-
Bernardo Tapes
Mayor Wayne Thomson referred to a recent editorial in the Niagara Falls Review expressing
concerns regarding Council's decision to support the destruction of the Bernardo tapes and
expressed his views on the matter.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the meeting be
adjourned. Carried Unanimously.
READ AND ADOPTED,
Project S.H.A.R.E.
Alderman Selina Volpatti referred to the need for avcnue for Project S.H.A.R.E to sell
their Nevada tickets and requested that interested individuals in the community contact Project
S.H.A.R.E. regarding the matter.
Sports Wall of Fame
Alderman Paisley Janvary discussed the celebration of the Sports Wall of Fame event which
had been held on Sunday, December 14, 1996; thanked members of stafffor their participation and
in particular, Mrs. Dale Morton for all her efforts.
MAYOR WAYNE THO"MSON
Unpaid Taxes
Alderman Fermino Susin commented that the City makes a profit on unpaid taxes, and that
persons do not get a break by not paying taxes, they are penalized by penalty and interest and they
would be farther ahead to borrow money from the bank to pay their taxes rather than going into
arrears. He was advised by the Director &Finance that the City would prefer to invest paid taxes
rather than collecting penalties.
International Hockey Game
Alderman Kim Craltor advised that the Niagara Falls Canucks Junior "B" hockey club
would be playing an elite hockey team from Russia known as the Kazakhstan Jr. Torpedo Siberia
Juniors at the Stamford Memorial Arena on January 28, 1996 at 1:00 p.m. He indicated that tickets
would be available at the Niagara Falls Memorial Arena and the Stamford Memorial Arena.
Gamblen Anonymous
Alderman Wayne Campbell referred to correspondence regarding Gamblers Anonymous
and was informed by Mayor Thomson that the Casino Corporation was a big supporter of the
Gamblers Anonymous program,
d
THIRD MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
January 22, 1996
Council met on Monday, January 22, 1996 at 6:45 p.m. in Committee of the Whole. All
members of Council, were present. Alderman Kim Craitor presided as Chairman.
Following consideration of the items presented, the Committee of the Whole did not rise to
report in open session.
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
January 22, 1996
Council met on Monday, January 22, 1996 at 7:30 p.m. for the purpose of considering
Regular Business. All members of Council, were present. Alderman Judy Orr offered the Opening
Prayer, dedicated to the late Bill Stevens.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of January 15, 1996 reflect his comments that
the City makes a profit on unpaid taxes, and that persons do not get a break by not paying taxes, they
are penalized by penalty and interest and they would be farther ahead to borrow money from the
bank to pay their taxes rather than going into arrears.
Alderman err noted her conflict to Vincor Application AM-21/95 which was considered in
her absence at the January 15, 1996 meeting.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
Minutes of the Planning/Regular Meeting of Council of January 15, 1996 be adopted as amended.
Carded Unanimously,
DISCLOSURES OF PECUNIARY INTEREST
Alderman Ward indicated a pecuniary interest on Report F-96-04 - Cheque #218211 because
era business interest.
Aldermen Campbell, Hendershot, Janvat~j and Pietrangelo indicated pecuniary interests on
Report F-96-07, The Corporation of the Village of Bayfield, because they are employed by the
School Board.
-2-
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-96-04, Cheque
No s. 218243, M91258 and 218328 because members of their family are employed by the Region.
Alderman Hendershot indicated pecuniary interests on Report F-96-04 - Cheque #218325
because the recipient is a family member.
DEPUTATIONS
Mr. Doug Embleton, president of the Chippawn Business Association addressed Council
and Mr. Norman Fortin presented a token of appreciation to Mayor Thomson for the support
provided in re-establishing the Chippawn Business Association. Mr. Embleton also indicated that
there are plans to extend Chippawa's Festival of Lights along the banks of the Chippawn River.
His Worship Mayor Thomson presented the 1995 Trillium Awards for Christmas
Lighting to local winners.
First:
Second:
Third:
Edwin and Margie Webher
Linda Rudd
Richard Fisher
Jim and Jo Perkins
Honourahle Mention:
Lina Lore
Margaret Wood
Commercial/Institutional/Industrial/MultiPle Residential CategorY
First: Washington Mills Limited
Jo Blackburn/Lionel Lauzon
Second:
Alfred Joseph's Salon
Fred Racine and Marianne Parkhi~
Third: Eventide Home
Harold Barnes
Honourable Mention:
Louis Tussaud's Waxworks
MarY BiamonteJSally Peck
COMMUNICATIONS
Communication No. lg - Regional Niagara, Planning and Development Department - Re:
Feasibility of Establishing a Regional Hydro-Elect~c Utility. The communication requests Council
consideration that the Regional Municipality of Niagara investigate with ~he Province the feasibility
in establishing a Regional Hydro-Eleot~c utility as a means of reducing cost and setting a uniform
rate.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the matter
be referred to Niagara Falls Hydro asking for comments prior to makin8 a decision with respect to
this item, Carried Unanimous~
-3-
Communication No. 19 - Regional Niagara, Planning and Development Department - Re:
Maintenance of Municipal Drains. The communication requests Council support a resolution
respecting that when a drain is cleared or maintained. the spoils must be levelled or property
disposed of, to the satisfaction of the landowner, or that it maintains the natural terrain of the land
and does not impede natural drainage.
ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that the
resolution be supported and that the top soil be first stripped, spoils spread out and the top soil then
be replaced. Carded Unanimously.
Communication No. 20 - Marilyn J. Quinn, Professor, Nursing Studies Division, Niagara
College - Re: Suspension of Nursing Program. The communication requests Council assistance in
persuading the Niagara College Administration and the Board of Governors to reconsider their
decision to suspend the Nursing Program.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that a resolution
indicating the great loss to the area for people entering the Nursing Program, and that
correspondence be sent to the appropriate Ministry indicating our support for the program and
displeasure at these opportunities leaving the area. Carried Unanimously..
Communication No. 21 - Hilda Corkum - Re: Faulty Traffic Lights at the corner of Lundy's
Lane and Dorchester Road.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the matter fie
referred to Staff to bring to the Region's attention. Carded Unanimously..
REPORTS
CS-96-01 - Chief Administrative Officer - Re: Corporate Strategic Plan. The report
recommends:
That Council approve the process of a Corporate Strategic Plan, as outlined in the attached
proposal.
That Council appoint two Aldermen to serve on the Strategic Planning Committee, and
3. That Council authorize staff to invite submissions from Consultants for this project.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that the matter
be deferred until Staff reports back from Windsor with respect to the anticipated work load. The
motion Carded with Alderman Volpatti voting contrary to the motion and with all others voting in
favour.
· R-96-02 - Chief Administrative Officer - Re: Regional Tree Cutting By-law Exemption
Request by Bona Fide Farmers. The report recommends that:
Council not support a complete exemption for bona fide farmers from the Region's Proposed
Tree Cutting By-law, but rather support the proposed changes of the Region's Technical
Advisory Committee; and
A copy of this report be provided to the Niagara South Federation of Agriculture and Region
of Niagara.
ORDERED on the motion of Alderman Susin, seconded by Alderman Campbell, that the matter be
deferred for more input from the fanning community. The motion Carded with Alderman Puttick
and Alderman Orr voting contrary to the motion and with all others voting in favoui,
-4-
R-96-03 - Chief Administrative Officer - Re: R.C.M.P. Musical Ride. The report recommends
that the Niagara Falls & District Labour Council:
a) be permitted to utilize Oaken Park Stadium Baseball Complex for two (2)
performances of the R.C.M.P- Musical Ride, which will take place on Saturday,
September 14, 1996;
b) be permitted to stable the thirty-six (36) horses at the Municipal Service Centre;
c) be charged only the incremental costs associated with this Special Event; and
d) provide Insurance for the Event in the mount of $2 million.
OKDERED on the motion of Alderman Volpatti, seconded by Alderman Susin that the matter be
referred to the Finance Committee for consideration of the cost impact. Carried Unanimously.
F-96-04 - Chief Administrative Officer - Re: Municipal Accounts. The report recomraends that
the accounts totalling $657,154.42 for the period ending January 15, 1996 be approved by the
passing of the by-law appearing later on the agerids.
Further information was provided on Cheque Nos. 218227; M91275 and 218213.
ORDEKED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
report be received and adopted. The motion Carried with Aldermen Craitor, Cummings,
Hendershnt and Ward abstaining from the vote on conflicts of interest previously noted and with all
others voting in fayour. See By-law No. 96-26
F-96-05 - Chief Administrative Officer - Re: Borrowing By-law. The report recommends that
the Finance Committee approve the borrowing of $23,000,000.00 for current expenditures for the
year 1996 appearing later on the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Aldennan Pietrangelo that the
report be received and adopted. Carried Unanimously. See By-law No, 96-17
F-96-06 - ChiefAdmialstrative Officer - Re: Amendment to Sewage Service Rate. The report
recommends that the by-law amending the Sewage Service Rate, appearing later on the agenda, be
adopted.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor that the report be
received and adopted. Carried UnanimouslY. See By-law No. 96-18
F-96-07 - ChiefAdministrative Ofilcer - Re: Resolution - The Village of Bay~dd - Education
Finance Reform. The report recommends that Council endorse the resolution of the Village of
Bayfield regarding education finance reform.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings that the report
be received and adopted, The motion .~ with Alderman, Campbell, Hendarshot, laxvary and
Pietrangelo abstaining from the vote on conflicts of interest previously noted, and with all others
voting in fayour.
L-96-04 - Chief Administrative Officer - Re: Termination of Agreement for Warning Siren
at the side of Hickson Street, north of Buttrey Avenue. The report recommends that an
agreement, dated December 21, 1971, with Her Majesty The Queen in Right of Canada, for the
purpose of installing and operating a national defenc~ warning siren on certain land owned by the
City, be terminated, and further, the Mayor and Clerk be authorized to cxecote the necessary
document(s) acknowledging termination of thn said agreement.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin that the report be
received and adopted. Carded Unanimously.
-5-
L-96-05 - Chief Administrative Officer - Re: Number of Cats. The report recommends that the
number of cats per household in the City of Niagara Falls not be restricted at this time.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that this report
be received and filed. Carried Unanimously.
L-96-06 - Chief Administrative Officer - Re: The appointment of Robert Judge as a Property
Standards Officer, Municipal By-law Enforcement Officer and a Building Inspector. The
report recommends that Robert Judge be appointed a Property Standards Officer, Municipal By-law
Enforcement Officer, and a Building Inspector for the City in order to enforce the City's Property
Standards By-law and the Building Act.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot that this
report be received and adopted. Carried Unanimously.
See By-law No. 96-19,
See By-law No. 96-20
~96-21
L-96-08 - Chief Administrative Officer - Re: Police Services Board's Adult Entertainment
Padour Licensing By-law. The report recommends that Council consider this report and give
direction as to what action should be taken with respect to the proposed Police Services Board's
Adult Entertainment Parlout Licensing By-law.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor that this By-la',~
be deferred for a meeting to occur in two weeks between Board of Police Commissioners, Industry
representatives, City staff and politicians. Carried Unanimously.
RESOLUTIONS
NO. 05 - CUMMINGS - FISHER - RESOLVED that pan of Corfield Street described as part of
Lot 194 in the former Township of Stamford now in the City of Niagara Falls, in the Regional
Municipality of Niagara designated as Parts 26 to 39, inclusive, on Keference Plan No. 59R-3242
be declared surplus;
AND The Seal of the Corporation be hereto affixed.
Carried Unanimousl
NO. 06 - CUMMINGS - FISHER - RESOLVED that the Council of the Corporation of the City
of Niagara Falls requests an allocation of subsidy under the provisions of The Public Transportation
for the year 1996, in the amount of $64,007.00, Capital Assistance Program; and $788,330,00
Transit Operating Assistance Program;
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 07 - CUMMINGS - FISHER - RESOLVED that the Council of the Corporation of the City
of Niagara Falls requests an allocation of subsidy for Physically Disabled Persons under the
provisions of the Public Transportation for the year 1996, in the mount of $92, 150,00;
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that leave be
granted to introduce the following by-laws and the by-laws be read a first time:
96-16
A by-law to provide for the adoption of an amendment to the City of Niagara Falls
Official Plan. (Amendment No. 16)
96-17
A by-law to authorize the borrowing of Twenty-Three Million Dollars for current
expenditures for the year 1996.
96-18
96-19
96-20
96-21
96-22
96-23
-6-
A by-law to amend By-law No. 70-35, as amended, being a by4aw to impose a
sewage service rate.
A by-law to amend by-law No. 93-283, being a by-law to appoint a Chief Building
Official and Inspectors under the Building Code Act.
A by-law to amend by-law No. 95-86, being a by-law to appoint municipal by-law
enforcement officers for the City of Niagara Falls.
A by-law to appoint and assign the responsibility of administering and enforcing the
City's property Standards By-law to a Property Standards Officer.
Aby-law to appoint Ray Kallio as Acting City Clerk.
A by-law to authorize the execution of an agreement with Besscling plumbing &
Heating Limited respecting installation of a diesel emergency generator at the
Niagara Falls Fire Department Administration Building (Dec. 11/95 Council
meeting).
A by-law to authorize the execution of a Certificate of Hand-Over for the purpos. e
96-24
of acknowledging the termination. of ap agreement with Her Majesty the Queen m
Right of Canada regarding a warrang sffen.
96-25 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking, Loading Zones).
96-26 A by-law to authorize monies for General Purposes (January 22, 1996).
The motion ~ with Aldermen Craltor, Cummings, Headershot and Ward abstaining from the
vote on By-law No. 96-26 on conflicts of interest previously noted; Alderman Susin voting contrary
to By4aw 96-23, and with all others voting in fayour.
ORDERliD on the motion of Alderman pietrangelo, seconded by Alderman Craltor, that the
following by4aws be now read a second and third time:
96-16 - A by-law to provide for the adoption of an amendment to the City of Niagaxa Falls
Official Plan. (Amendment No. 16)
96-17 A by4aw to authorize the borrowing of Twenty-Three Million Dollars for current
expenditures for the year 1996.
96.18 A by-law to amend By-law No. 70-35, as amended, being a by-law to impose a
sewage service rate,
96-19 A by-law to amend by-law No. 93-283, being a by-law to appoint a Chief Building
Official and Inspectors under the Building Code Act.
96-20 A by-law to amend by-law No. 95-86, being a by-law to appoint municipal by-law
enforcement officers for the City of Niagara FallS.
96-21 A by-law to appoint end assign the responsibility of administering and enforcing the
City's Property Standards By-law to a Property Standards Officer.
96-22 A by-law to appoint Ray Kalllo as A~ting City Clerk.
96-23
96-24
-7-
A by-law to authorize the execution of an agreement with Besscling Plumbing &
Heating Limited respecting installation of a diesel emergency generator at the
Niagara Falls Fire Department Administration Building (Dec. 11/95 Council
meeting).
96-25
A by-law to authorize the execution of a Certificate of Hand-Over for the purpose
of acknowledging the termination of an agreement with Her Majesty the Queen in
Right of Canada regarding a warning siren.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking, Loading Zones).
96-26
A by-law to authorize monies for General Purposes (January 22, 1996).
The motion Carried with Aldermen Craitor, Cummings, Hendershot and Ward abstaining from the
vote on By-law No. 96-26 on com'licts of interest previously noted; Alderman Susin voting contrary
to By-law 96-23, and with all others voting in fayour.
NEW BUSINESS
Economic Development Advisory Board
The Mayor indicated that there would be a full report with respect to correspondence from
Mr. Rick Rathfelder, Chairman, Economic Development Advisory Board.
Letter of Condolence
ORDERED on the motion of Alderman Fisher, seconded by Alderman Orr that a letter of
condolence be forwarded to the family of the late Bill Stevens, who joined the Willoughby Fire
Department in 1968, and retired in .rune 1994. He also became a lifetime member of the Niagara
District Volunteer Fireman's Association in 1986. Mr. Stevens passed away on January 18, 1996.
Carried Unanimously.
Regional Niagara Bicycling Logo Contest
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that a letter of
congratulations be forwarded to Daniel Andrews and Saydee Chandler, contest winners in the
Bicycling Logo Contest. Carried Unanimously.
Casino
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that correspondence
be Received and Filed and that the support of Council be passed on to the Casino Corporation with
respect to training physically disabled people for Casino employment. ~.
****
Fundraising Hockey Game for Inn Strathern
Alderman Craitor made mention of the up-coming Fundraising Hockey Game in support of
tan Strathern, and that the Hockey Team from Russia will make Niagara Falls their unofficial
headquarters for one week.
-8-
Trilllure Awards
Alderman Janvary noted that Jo perkins had called and indicated her inability to attend the
TillHum Awards due to her broken ankle.
Visitor and Convention Bureau and the Economic Development Department
Alderman Volpatti commented on the team approach of the above organizations working
together.
****
Junior Kindergarten program
Alderman Orr expressed concerns about the elimination of the Junior Kindergarten program
and urges the public to voice their opinion at a meeting on January 30, 1996 at the Niagara South
Board of Education on Thorold Road in Welland.
FOURTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
January 29, 1996
Council met on Monday, January 29, 1996 at 7:00 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Puttick, who was absent, were present.
Alderman Bruce Ward presided as Chairman.
Following consideration of the items presented, the Committee of the Whole did not rise to
report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Letter of Condolence
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot that a
message of condolence be sent to the family of the late Mayor Michael O'Laughlin, former Mayor
of Niagara Falls, New York. Carried Unanimously
****
ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the meeting be
adjourned. Carried Unanimously.
****
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
January 29, 1996
Council met on Monday, January 29, 1996 at 7:30 p.m. for the purpose of considering
Regular Business. All members of Council, with the exception of Alderman Puttick, who was
absent, were present. Alderman Kim Craitor offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of January 22, 1996 be amended to reflect his
opposition to By-law No. 96-23,
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the Mi.nutes
of the Regular Meeting of January 22, 1996 be adopted as amended.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Craitor and Cummings indicated pecuniary interests on Communication Nos. 22a),
22b) and 27 and indicated pecuniary interests on Report F-96-08, Cheque Nos, M912871 and
218496 because family members are employed by the Region.
Alderman Susin indicated a pecuniary interest on Report CD-96-07 because he is a member
of the Legion,
Alderman Ward indicated a pecudimy interest on Report F-96-08, Cheque No. 218317
because he has a business interest.
-2-
DEPUTATIONS
Friends of the Lundy's Lane Battlefield
Ms, Janice G. Wing, Friends of the Lundy's Lane Battlefield was in attendance
regarding the preservation of the Holman property.
His Worship Mayor Thomson advised that through negotiations with Mr. Holman and
his Solicitor, the municipality has tentatively acquired the Holman property and that the matter
would be ~nalized by the end of the week.
Ms. Wing thanked Mayor Thomson and members of Council for their support in their
efforts toward the preservation of the property.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that Council
supports the preservation of the Holman property for historical and heritage purposes. Carried
Unanimously
During the discussion, it was ORDERED on the motion of Alderman Fisher, seconded
by Alderman Volpa~, that a letter of appreciation be forwarded to Mr. Gary Pillitteri, M.P. for
his interest in the maintenance aspect of the Holman property and requesting that he use his best
efforts in obtaining Federal funding for the preservation of the property. Carried Unanimously.
UNFINISHED BUSINESS
CAO-96-01 - Chief Administrative Officer - Re: Corporate Strategic Plan. The report
recommends that this information be received by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and filed for the information of Council and that no further action be taken
regarding the Strategic Plan at this time. Carried Unanimously.
COMMUNICATIONS
Communication No. 22) - City of Port Colborne - Re: Resolution to disband the Region of
Niagara. The communication requests Council consider a resolution requesting that the Region
of Niagara be disbanded and that the Province of Ontario and the Region of Niagara Ad Hoe
Committee be advised that the responsibilities as listed be transferred accordingly and that any
other services traditionally supplied by Regional and/or local municipal governments be
evaluated for allocation to either a utility, provincial or local area municipal government.
Communication No. 23) - Town of Grhnsby - Re: Municipal Reform - Service
Responsibilities. The communication requests Council support a resolution which calls for
disbanding the Regional Municipality of Niagara and transferring service responsibilities 19 the
Province, local municipalities and a Regional Public Utility Commission.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that
Council is in support of disbanding the Region and further that the City of Port Coiborne and
the Town of Grimsby be notified of the City of Niagara Falls' position as determined in a
referendum taken daring the 1991 Municipal election in fayour of disbanding the Regional form
of government in Niagara. The motion Carried with Aldermen Craitor and Cummings
abstaining from the vote on conflicts of interest previously noted and with all others voting in
favour.
-3-
Communication No. 24 - The City of Guelph. City Clerk's Office - Re: Resolution. The
communication requests that Council endorse a resolution petitioning the Provincial Government
to enact legislation that will allow municipalities the right to ban or limit adult entertainment
establishments.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the
communication be received and filed. The motion Carried with Alderman Campbell, Craitor
and Orr voting contrary to the motion and with all others voting in favour.
Communication No. 25 - The City of Etobicoke - Re: Bill 15, An Act to amend the Workers'
Compensation Act and the Occupational Health and Safety Act. - requesting Council endorse a
resolution supporting Bill 15, an Act to amend the Workers' Compensation Act and the
Occupational Health and Safety Act and to commend the Ontario Government for its productive
response to the issue of compensation, health and safety reform.
During the discussion, the Manager of Human Resources provided a brief synopsis of
the legislation.
ORDERED on the motion of Alderman Cummings, seconded by Aideman Craitor, that the
communication be received and filed. Carried Unanimously.
Communication No. 26 - Town of Grimsby - Re: Transfer of Waste Management. The
communication requests Council support a resolution requesting the Regional Municipality o½'
Niagara to delay the transfer of waste management to the Region until such time as the issue of
municipal restructuring and the documents "In Pursuit of Better Government", and Bill 26 have
been reviewed and finalized.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
communication be received and filed. The motion Carried with Aldermen Craitor and
Cummings abstaining from the vote on conflicts of interest previously noted and with all others
voting in favour.
Communication No. 27 - Walker Industries - Re: Prohibition to export PCB contaminated
waste. The communication requests Council support to oppose the decision made to prohibit
the export of PCB contaminated waste to the United States where it can be destroyed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that Walker
Industries' request be supported. Carried Unanimously.
Communication No. 28 - Deputy Prime Minister and Minister of the Environment - Re:
Priority Substances List under the Canadian Environmental Protection Act (CEPA). The
communication advises of the release of a Priority Substances List identifying 25 substances to
be assessed and determine whether they are toxic.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the
communication be received and fried. Carried Unanimously.
Communication No. 29 - The Royal Canadian Naval Association - Re: Proclamation. The
communication requests Council proclaim April 29 to May 3, 1996 as "Battle of the Atlantic
Week" and requests permission to hold a Flag Raising ceremony on Monday, April 29, 1996
in front of City Hall.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
request be approved subject to established policy. Carried Uuanimously~
REPORTS
M~vV-96-18 - Vice-Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations - January 16, 1996 meeting, The report
recommends the following:
°4-
MW-96-03 - Southview Avenue @ Parkview Crescent/Windgate Drive - Intersection
Control - that 1) a stop sign be installed in the eastbound and westbound direction at the
intersection of Southview Ave. @ Parkview Cresc./Windgate Dr.; that 2) a yield sign
be installed at the intersection of Southview Ave. and Parkview Cresc. (south); that 3)
the existing yield sign on Southview Ave. and Trackview St. be replaced with a stop
sign;
MW-96-06 - Prince Edward Ave. @ Leeruing Street - All Way Stop Request - that an
all way stop control be installed at the intersection of Prince Edward Ave. and Leeruing
St.;
MW-96-07 - Heritage Drive - Traffic Review - that an all way stop control be installed
at the intersection of Heritage Dr. and Secord Place;
4. MW-96-08 - Chainwood Ave. at Cavendish Dr. - All Way Stop Request - that a stop
sign be installed at the north approach of Cavendish Dr. at Charnwood Ave. to raplace
the existing yield sign.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
See By-law No. 96-27
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Aideman Hendershot, seconded by Alderman Volpatti, that the
actions taken on the following matters by the Community Services Committee, earlier this
evening be approve&
1. Adoption of the January 15, 1996 Community Services Committee Minutes;
MW-96-19 - Petition for Road and Sidewalk Improvements on Allanthus Avenue - that
the request for road and sidewalk improvements on Allanthus Avenue be referred to final
budget deliberations; and that the dust problem at the garage parking lot be reviewed by
staff;
MW-96-17 - 1995 Permit Statistics Report - that the Building Division 1995 Permit
Statistics Report be received and filed;
MW-96-20 - Update Report - Snow Removal Costs - that the Snow Clearing Budget
Report be received and filed;
MW-96-21 - New Little Mississippi Land Acquisition - that staff be authorized to
proceed with the purchase of the 60 foot wide strip of property from River Realty
Development - Alderman Susin - Opposed;
MW-96-22 - Conditional Building Permit and Deferral of Development Charges by
Kingsbridge Inn Property (Chippawa) - that staff be authorized to execute the conditional
Building permit Agreement between the City and Victoria Meadow Townhomes Inc; and
that the development charges for the development be deferreAl for one year with the
provision of a Latter of Credit;
Information Items -
- Flood Relief (Weeping Tile) Program - Rolling Acres - that information be received;
- Chumh of Latter Day Saints - Sump Pump - that the information be received.
The motion Carried with Alderman Susin voting contrary to the motion on Report MW-96-21
and with all others voting in favour.
-5-
PD-96-06 - Chair, Niagara Falls Local Architectural Conservation Advisory Committee -
Re: Heritage Week, 1996. The report recommends that Council proclaim February 18 to 24,
1996 as Heritage Week in the City of Niagara Falls.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report
be received and adopted. Carried Unanimously.
PD-96-09 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval; Muller Industrial Park, 26T-90003 (Revised). The report recommends the
following:
1. That a Council resolution supporting a one-year extension to the Mullet Industrial Park
Draft Plan of Subdivision be adopted conditional on the applicant submitting a
photograph to the Region showing the appropriate subdivision sign on the property which
complies with Municipal and Regional requirements;
2. That a copy of this report and the Council resolution be forwarded to the applicant and
the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
F-96-08 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends~
that the accounts totalling $1,411,506.55 for the period ending January 29, 1996 be approved
by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Cutinnings, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carried with Aldermen Cummings, Craitor and
Ward abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour. See By-law No. 96-30
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Aideman Cummings, seconded by Alderman Craitor, that the
actions taken on the following matters by the Finance Committee, earlier this evening be
approved:
1. Adoption of Finance Committee Minutes of January 15, 1996;
2. R-96-03 - R.C.M.P. Musical Ride - that the Niagara Falls & District Labour Council be
permitted to utilize Oakes Park Stadium Baseball Complex for two performances of the
RCMP Musical Ride on September 14, 1996; be permitted to stable the 36 horses at the
Service Centre; be charged only the incremental costs associated with this Special Event;
and provide insurance in the amount of $2 million;
3. FC-96-04 - Tax Balances at December 31, 1995 - that the report be received for
information;
4. FC-96-05 - Market Value Impact Study - that the report be referred to staff for a further
report as more detailed information becomes available.
Carried Unanimousl
CD-06-03 - Chief Administrative Officer - Re: Reduction and Refund of Taxes Section 443,
Municipal Act; 5678 Buchanan Avenue; Roll Number 27 25 030 007 00900. The report
recommends that a reduction of taxes amounting to $783.54 for the year 1994 be made to
Giuseppe & Gaetana Alaimo.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that the report
be received and adopted. Carried Unanimously.
-6-
CD-96-05 - Chief Administrative Officer - Re: Special Occasion Permit - Niagara Fall~
Pirates Hockey Club Annual Hockey Tournament. The report recommends that Council
indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed
in this report.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
CD-96-06 - Chief Administrative Officer - Re: Special Occasion Permit - Stamford Skating
Club. The report recommends that Council indicate it has no objection to the issuance of a
Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Hcndcrshot, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
CD-96-07 - Chief Administrative Officer - Re: Special Occasion Permit - Royal Canadian
Legion Branch 396. The report recommends that Council indicate it has no objection to the
issuance of Special Occasion Permits to the organization listed in this report.
ORDERED on the motion of Alderman Hcndershot, seconded by Alderman Volpatti, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from the
vote on a conflict of interest previously noted and with all others voting in favour.
L-96.10 - Chief Administrative Officer - Re: Public Tender LD-I-96; Kingsbridge Theatre.
The report recommends that Council accept the Offer to Purchase from the highest tendereL
Anthony Petti, in the amount of $230,027.00, to purchase Kingsbridge Theatre and that the by-
law appearing on this evening's agenda be passed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
See By-law No. 96-29
RESOLUTIONS
NO. 08 - VOLPATTI - JANVARY - WHEREAS the focus of the Economic Development
Department is directed at working for all sectors of the City's business community; and
WHEREAS it is deemed advisable to expand the membership of the Advisory Committee to
include representatives from The Chamber of Commerce Niagara Falls, Canada and The
Niagara Falls Visitor and Convention Bureau;
NOW THEREFORE BE IT RESOLVED that the name of the Economic Development
Department be changed to Business Development Department; and further that the name of the
Economic Development Advisory Board be changed to the Business Development Advisory
Committee; and further that the Committee's membership be expanded to include one (1)
representative from The Chamber of Commerce Niagara Falls, Canada and one (1)
representative from The Niagara Falls Visitor and Convention Bureau.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that leave
be granted to introduce the following by-laws and the by-laws be read a first time:
96-27
A by-law to amend By-law No. 89-2000, as amended. (Stop Signs, Through
Highways, Yield Signs)
96-28
A by-law to amend Byqaw 79,200, as amended. (Re: Report PD-95-157, AM-
28/95, Reorganized Church of Jesus Christ Latter Day Saints)
- 7-
96-29 A by-law to authorize the execution of an Offer to Purchase from Anthony Petti
to purchase Kingsbridge Theatre for the amount of $230,027.00.
96-30 A by-law to authorize monies for General Purposes (January 29, 1996).
The motion Carried with Aldermen Craitor, Cummings and Ward abstaining from the vote on
conflicts of interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the
following by-laws be now mad a second and third time:
96-27 A by-law to amend By-law No. 89-2000, as amended. (Stop Signs, Through
Highways, Yield Signs)
96-28 A by-law to amend By-law 79,200, as amended. (Re: Report PD-95-157, AM-
28/95, Reorganized Church of Jesus Christ Latter Day Saints)
96-29
96-30
A by-law to authorize the execution of an Offer to Purchase from Anthony Petti
to purchase Kingsbridge Theatre for the amount of $230,027.00.
A by-law to authorize monies for General Purposes (January 29, 1996).
The motion Carried with Aldermen Craitor, Cummings and Ward abstaining from the vote on
conflicts of interest previously noted and with all others voting in fayour.
NEW BUSINESS
Traffic on Rainbow Bride
Mayor Thomson referred to a newspaper article regarding "casino traffic concerns on
Rainbow Bridge".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that a
meeting be scheduled with representatives from the Niagara Falls Bridge Commission, Customs
and Immigration, the Visitor and Convention Bureau and City staff to discuss the concerns
expressed. Carried Unanimously.
Statements by Mr. Lucien Bouchard
Alderman Susin commented on statements made by Mr. Lucien Bouchard concerning
die status of Canada as a country.
Bender Hill Issue
Alderman Volpatti referred to the issue of the opening of Bender Hill and the
'realignment at the bottom of Bender Hill and requested whether funds have been allocated to the
projects. The Director of Municipal Works advised that information could be provided through
his office.
Committee of Physically Challenged Persons
Aldennan Volpatti discussed the issue of establishing a committee for the physically
challenged persons in the community.
ORDERED on the motion of Aldennan Volpatti, seconded by Alderman Cummings, that the
matter be referred to staff to bring back a report on establishing a committee of interested
citizens who would monitor and advise Council about the needs of the physically challenged in
the community. Carried Unanimously.
Alderman Janvary advised that a committee had previously been established, but was
no longer in force due to the lack of interest.
Alderman Cummings suggested that requests for volunteers be publicized in the papers
and expressed his interest to sit on the committee; and also indicated f a committee was
established that funds are put in place.
Casino Schools
Alderman Craitor discussed the issue of casino schools and indicated they are
unregulated and there are no standards presently in place.
Mayor Thomson stated these establishments are private businesses and suggested that
interested individuals considering attending such facilities investigate them fully with the motto
"buyer beware"; he further noted that if the situation would unfold in the same manner as the
Windsor casino, that the Casino Corporation would become affiliated with community colleges
and endorse Niagara College to provide casino training courses.
Willoughby Volunteer Firefighters
Alderman Susin provided an update on the efforts of the Willoughby Volunteer
Firefighters to obtain funding in support of the Jaws of Life.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the meeting
be adjourned. Carried Unanimously.
READ AND ADOPTED,
I
SPECIAL MEETING
OF COUNCIL
Council Chambers
January 31, 1996
Council met on Wednesday, January 3 I, 1996 at 4:00 p.m. for the purpose of considering
the Adult Entertainment Padour Licensing By-law. All members nfCouncil, with the exception
of Aldermen Campbell, Pietrangelo and Puttick, were present. His Worship Mayor Thomson
presided as Chairman.
Also in attendance were representatives of the Police Services Board; Mr. Victor
Muratori, Solicitor; the owners of the adult entertainment parlout establishments; Mr. David A.
Crowe, Solicitor and Mr. George Radojcic, Solicitor.
Mr. George Radojcic, on behalfofRudan Holdings Ltd. indicated that his clients'
objections to the by-law as a whole related to its administrative expense, cumbersome provisions
and compliance costs;referred to the issue ofunderage dancers and suggested that the club
owners bear the expense and responsibility of ensuring that the performers are of legal age;
expressed concerns regarding the necessity of requiring an operator's licence and that the
ultimate responsibility should rest with the licensed owner and the penalties incorporated in the
by-law would be sufficiem incentive for the owners to maimsin proper management and control
over their estabhshments.
Mr. David Crowe expressed the following concerns: the definition of "owner" contained
in the by-law; the new category of "operator" contained in the by-law and the inherent costs to
small operators in ensuring that a liceneed operator or a licenced owner is on the premises at all
times; and the necessity of having each entertainer attend the office of the Issuer to obtain a
licenee. He requested that the City nfNiagara Falls opt out of the Regional by-law and enter
into negotiations with the owners and tailor the by-law to deal with the situation and the industry
within the City of Niagara Falls.
During the discussion, Mr. Victor Muratori advised that the existing by-law licenees
the premises and the entertainers; and discussed the issue of the licencing system versus the
registry system.
Ms. Wendy Southall, Police Services Board responded to concerns regarding the
enforcement of the by-law and associated costs and advised that existing Police Services staff
would perform inspections in the checking of photo identifications along with random
inspections at the establishments; and she explained there were various costs associated with
licencing not just enforcement costs.
During the discussion, it was suggested that the owners of the establishments do the
administrative work and the Police Services Board perform the criminal checks,
Alderman Fisher left the meeting due to a previous commitment.
The City Solicitor advised that in 1994 Council had passed the by-law regarding'the
!icencing of attendants in adult entertainment parlouts and indicated that the by-law was on the
books but had not been enforced,
-2-
Mr. Muratod stated that the Police Services Board had the means to provide for the
enforcement services with respect to adult entertainment purlours.
Following further discussions, it was ORDERED on the motion of Alderman Ward,
seconded by Alderman Craitor, to defer consideration for discussion with other municipalities to
determine ifa compromise position can be reached. Carded Unanimously.
CD-96-08 - Chief Administrative Officer - Re: Amendment to Council Schedule. The report
recommends that Council approve the amendment to the 1996 Schedule of Council meetings
which would change the March 4th, 1996 meeting to a Regular Council Meeting and the March
251h, 1996 meeting to a Planning Council Meeting.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the
report be received and adopted. Carded Unanimously.
ORDERED on the motion &Alderman Hendershot, seconded by Alderman Janvary, that the
Council meeting scheduled for February 5, 1996 be cancelled due to the insufficient amount of
items on the agenda to warrant a Council meeting. Carded Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the
meeting be adjourned. Carded Unanimously.
READ AND ADOPTED,
'liT '~F~iii ........................................................i~OR WAYNE Ta~ii'S'6i~i
FIFTH MEETING
COMMITFEE OF THE WHOLE
Committee Room #2
February 12, 1996
Council met on Monday, February 12, 1996 at 6:00 p.m. in Committee of the Whole.
All members of Council, with the exception of Alderman Ward, who was away on business,
were presem. Alderman Gary Hendershot presided as Chairman.
Following consideration of the items presented, the Committee of the Whole reported in
open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
PLANNING MEETING
Council Chambers
February 12, 1996
Council met on Monday, February 12, 1996 at 7:30 p.m. for the purpose of considering
Planning Matters and Regular Business. All members of Council, with the exception of
Alderman Bruce Ward, who was away on business, were present. Alderman Gary Hendershot
offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Puttick requested that the Minutes of January 29, 1996 be amended to reflect
that he was absent.
Alderman Susin requested that the Minutes be amended to reflect that he was opposed to
Communication No. 25, The City of Etobicoke, regarding Bill 15.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
"Minutes of the Regular Meeting of January 29, 1996 be approved as amended. Carded
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Campbell, Hendershot, Janvary, and Pietrangelo indicated a pecuniary interest
on Communication No. 34, West Lome School Board System because the School Board is their
employer.
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-96-10,
Cheque Nos. 218752; 218929 and M91320, because members of their family are employed by
the Region.
-2-
Alderman Fisher indicated a pecuniary interest on Report PD-96-07, because she resides
in the area; and Report PD-96-11 because she owns the property.
DEPUTATIONS
Heritage Week
Mr. Derek Tidd, Town Crier, provided information and the significance of his new
Town Crier's uniform and read a Proclamation proclaiming February 18 to February 24, 1996 as
Heritage Week in the City of Niagara Falls with a theme of "Discover our Spiritual Heritage".
His Worship Mayor Thomson advised that Mr. Tidd had gone to considerable expense in
obtaining his Town Crier's uniform and suggested that the matter of cost sharing the expenses be
looked into and that a letter of appreciation be forwarded to Mr. Tidd on the carrying out of his
responsibilities.
Mr. Sherman Zavitz, City Historian, provided a list of the Heritage Week activities
planned for the City and encouraged everyone to participate in the events.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that staff
review and report for cost sharing expenses of the Town Crier's uniform. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary that a letter
of thanks and congratulations be forwarded to Mr. Tidd on the carrying out of his
responsibilities. Carded Unanimously.
His Worship Mayor Thomson and Alderman Wayne Campbell, the City Council's
representative on L.A.C.A.C. made a presentation of a plaque to Mr. & Mrs. Frank Long on
behalf of the City for the preservation and beauti~cation of Russell Cottage which had been
designated as a Heritage Property in December 1995.
Ratification of Committee of the Whole Actions with rega~'d to the Holman Property
ORDEREDon the motion of Alderman Cummings, seconded by Alderman Headershot, that the
rear lands owned by Carol Holman be purchased by the City for $195,000; that the City of
Niagara Falls not require and to give up the right of way to the rear lands from Drummond Road;
that the City fence the dividing line between the rear lands acquired by the City and the lands
being retained by the Holman's within 60 days of the closing of the transaction; that the City
provide a survey necessary to adjust the rear lands; that the purchase price be paid in full upon
closing; that the property line be adjusted at the rear of the from of the lands to eliminate the jog;
that the front lands adjacent to Drummond Road be rezoned R4 to permit a density of not more
than eight (8) units on the front lands and to permit a height of no more than two (2) stores on
the front lands with a reduction of frontage yard from 98 feet to 87 feet; and further, that Council
supports the dr~ by-law submitted by Mr. Glen Barker which is to be presented to the Ontario
Municipal Board on February 14, 1996 and that the date of closing is within 60 days. Carded
Unanimotlsly.
Mission Niagara
Pastor Reid Cook, Executive Chair, Mission Niagara, provided information on
Mission Niagara and the attendance of Rev. Franklin Graham during May 4th - 8th, 1996.
- 3 -
Following the presentation, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Janvary that the week of May 4 - May 8, 1996 be proclaimed "Billy
Graham Associate Crusades Week" and that the Mayor be authorized to issue greetings on behalf
oftheCity. CarriedUnanimously.
1996 Annual Triathlon
Eileen Tinio addressed Council respecting the forthcoming 8th Annual Triathlon '96 on
FebmaW 24, 1996 at the Boys and Girls Club and requested that His Worship Mayor Wayne
Thomson and members of Council participate in the event. Ms. Tinio invited the members of
business establishments to sponsor the participants in this fundraising campaign to help the
Boys and Girls Club of Niagara and invited everyone to participate.
CURRENT PLANNING MATTERS
PD-96-11 - Chief Administrative Officer - Re: Zoning By-law Amendment Application
AM-I/96, Native Heritage realty Ltd., c/o Shirley Fisher, Southwest corner of Lyon's Creek
and Sodom Roads. The report recommends the following:
That Council approve the Zoning by-law amendment application to permit the
construction of a 10,0000 sq. t~. neighbourhood commercial plaza on the southwest
comer of Lyon's Creek Road and Sodore Road and to adjust the zone boundaries and
provisions in effect on the balance of the subject lands;
That the amending by-law include site specific provisions to limit the size of the plaza to
10,000 sq. ft and to require a minimum of 20 percent landscaped open space;
That the applicant be required to provide the necessary road widening and site servicing
and lot grading plan, and obtain the appropriate permits all to the satisfaction of the
Regional Public Works Department through the Site Plan approval process;
That the applicant be required to adhere to the 6:1 extraneous flow reduction quota and
pay for our construct sidewalks across the frontages of the lands on Sodore and Lyon's
Creek Roads prior to the issuance of any building permits.
- AND -
Communication No. 30 - Niagara Peninsula Conservation Authority. The communication
advises as having no objection to the proposed application,
- AND -
Communication No. 31 - The Regional Municipality of Niagara. The communication
advises as having no objections to the rezoning by-law amendment and that the requirements
provided in the correspondence be included in any subsequent agreement entered into by the
City.
- AND -
Communication No. 32 - Consumers Gas. The communication advises as having no
objections to the proposal as long as their rights are observed and all appropriate safety
precautions are used.
His Worship Mayor Wayne Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act,
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by mailing of the Notice by First Class mall on JanuanJ 12, 1996.
- 4 -
His Worship Mayor Thomson received indication that Mr. Brian Sinclair, Solicitor, was
in attendance on behalf of the applicant and received a positive response to his request for a
show of hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the bydaw submit their names and
addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written submissions at
the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board
heating.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-96-10; Nature of the Amendment; Planning Review; Official Plan; Chippawn
Community Secondary Plan; Physical Analysis; Nature of the Zoning Amendments; Site Plan
Control; and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from persons,
other than the applicant or his agent, in support of, or opposed to the application.
Mr. Brian Sinclair advised that the development would make an ideal location for a
commercial project, as it was situated on two major roads and indicated that the matter of
sidewalks could be worked out through the site plan process.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the
Public Meeting with regard to Application AM-l/96 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craltor, that the
application be received and adopted. The motion Carded with Alderman Fisher abstaining from
the vote on a conflict of interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craltor, that the
correspondence be received and filed. Carded Unanimously.
MISCELLANEOUS PLANNING MATTERS
PD-96-07 - Chief Administrative Officer - Re: Public Information Meeting on Proposed
Plan of Subdivision File No. 26T-94009 (Revised); Chippawn West Phase 2, Queensway
Chippawn Properties Inc. c/o Metrus Development Inc. The report recommends that the
Planning Department be authorized to process the application for the revised Chippawn West
Phase 2 Plan of Subdivision, and that a subsequent report be prepared for Council's consideration
based on the information received from various agencies, City departments and the public.
His Worship Mayor Thomson indicated that the purpose of the public meeting was to
provide the developer an opportunity to inform Council and the public about the proposed
subdivision and to receive public input.
Mayor Thomson received indication that Mr. Andrew Orr, Project Manager; Mr. Jim
Kennedy, Planning Consultant and Mr. Steve Braun, Stormwater Engineer, were in attendance
and received a positive response to his request for a show of hands by persons present who were
interested in the application.
Mr. Andrew Orr advised that Metms Developments Inc. were involved in the Chippawa
West Phase 2 Plan of Subdivision which proposed subdividing 131 acres of land located on the
west side of Sodom Road, south of the Hunter Drain and through to Lyon's Creek Parkway to
establish an adult lifestyle community. He indicated that the proposed development would
consist of secure, maintenance-free bungalow style residences. Mr. Orr stated that he looked
forward to the support of the City of Niagara Falls on the project and introduced Mr. Jim
Kennedy who indicated that the focus would be on the natural attributes of the site, the
preservation of a 19 acre woodlot; discussed the creation of a pedestrian system that would
- 5 -
provide access to the open spaces; referred to the provision for a variety of housing types;
reviewed the percentage of greenspace set aside and provided information on stormwater
retention.
Mr. Gregory Chisholm, 4855 Lyons Creek Parkway and Mrs. Quinn, 4336 Lyons
Creek Parkway requested further information regarding the proposal and on the location of the
single homes.
The Director of Planning and Development responded to concerns regarding park
dedication. He advised that the project was a unique form of development with smaller,
compact lots; reduced servicing standards; linear open spaces instead of park nodes. He further
stated that a complete review of the stormwater management; compact housing; details in
servicing; disposition of open spaces and woodlot facilities would be looked into.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the
Public Meeting with regard to Report pD-96-07 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the
report be received and adopted. The motion Carded with Alderman Pietrangelo abstaining from
the vote on a conflict of interest because a family member resides in the area and with all others
voting in favour. · · ·. ·
COMMUNICATIONS
Communication No. 33 - Niagara Falls Hydro - Re: Commissioner Hanna Resignation. The
communication advises of the resignation of Commissioner R. Hanna, effective March 31, 1996
and requesting that Council take the appropriate action relative to the vacant position on the
Commission.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that a letter
of appreciation be forwarded to Mr. Hanna. Carried Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that Mr. Al
Luciano be appointed to the Niagara Falls Hydro Commission as of April 1, 1996 for the
remainder ofthe term. CarriedUnanimously.
Communication No. 34 - The Village of West Lorne - Re: Provincial Government to eliminate
the dual school board system in Ontario. The communication requests Council consider a
resolution urging the Provincial Government to eliminate the dual school board system in
Ontario.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
correspondence be received and filed. The motion Carded with Aldermen Campbell,
Hendershot, Janvary and Pietrangelo abstaining from the vote on conflicts of interest previously
noted and with all others voting in favour.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Susin, that the Chief Administrative Officer prepare a resolution for
presentation to Council outlining that the School Boards examine every efficiency to save tax
dollars. Carded Unanimously.
Communication No. 35 - Canadians for a Clean Environment - Re: Purple Loosestrife
Control. The communication requests to work with the City of Niagara Falls in addressing the
problem of purple loosestrife control in Niagara's Wetland areas.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the request be
supported and that the matter be referred to staff. Carded Unanimo, sly.
-6 -
Communication No. 36 - National Engineering Week - Re: Proclamation. The
communication requests Council proclaim the week nfMarch 1 - 9, 1996, as "National
Engineering Week 1996".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported subject to established policy. Carried Unanimously.
Communication No. 37 - Town of Fort Erie - Re: Proposed AmendmeW to the Municipal Tax
Sales Act - Reduction Eligibility for Tax Registration Process. The communication requests
Council support a resolution to reflect two year arrears on improved lands before a tax arrears
certificate can be registered.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the
communication be received and filed· The motion Carried with Alderman Cummings voting
contrary to the motion and with all others voting in favour.
Communication No. 38 - The Royal Canadian Legion - Re: 591h Annual Pilgrimage of the 40
and 8 Society, Saturday, May 18, 1996. The communication requests permission for a
motorcade to proceed from the Canadian end of the Rainbow Bridge, River Road to Cenotaph
for Service at 2:00 p.m., then Clifton Hill (NR 30) Falls Avenue, Newman Hill, QEW, Stanley
Avenue CNR 102) to ValleyWay, Branch 51 Clubhouse.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported subject to established policy. Carried Unanimously·
Communication No. 39 - Belinda Yorke, Multiple Sclerosis Society of Canada - Re: Second
Annual Super City Walk for M.S., April 21, 1996. The communication provides information
regarding the Second Annual Super City Walk for M.S. on April 21, 1996.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the
communication be received and filed for the Information of Council. Carried Unanimously.
Communication No. 40 - Ramada Coral Inn/Lundy's Lane Tourist Association - Re: Off-
Site Casino Parking Lot - Lundy's Lane and Q.E.W. The communication requests Council
support the developmeW of an off-site casino parking lot in the heart of the Lundy's Lane
Tourist district at Lundy's Lane and the Q.E.W.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the
request be supported. Carried Unanimously.
Communication No. 41 - City of Kitchener - Re: Amendment to Bill 26. The communication
requests Council consider a resolution to the Minister of Municipal Affairs respecting dangerous
animals such as pit bulls and that Bill 26 be amended to strengthen the existing provisions for
the regulation of dangerous or restricted animals and that this change be reflected as part of the
comprehensive review of the Municipal Act scheduled for 1996.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that the
matter be referred to the Humane Society. Carried Unanimously.
Communication No. 42 - Missing Children Society of Canada - Re: Proclamation. The
communication requests Council proclaim May 19 - 251h, 1996 as "Missing Children's Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported. Carried Unanimously.
Communication No. 43 - City of St. Catharines - Re: Resolution. The communication
requests Council support a resolution asking that the Province of Ontario amend the Negligence
· Act and all other appropriate legislation to protect a municipal defendant from "joint and several
liability*' thus holding the municipality only responsible for its share of liability in the event of a
negligence claim and not the liability of someone else.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
request be supported and that the Association of Municipalities of OWario bc informed of the
matter. Carried Unanimously.
- 7 -
Communication No. 44 - Niagara Falls Lightning Gymnastic Club Inc. - Re: Proclamation.
The communication requests Council proclaim February 23 - 25, 1996 as "Niagara Falls
Lightning International Gymnastics Weekend".
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the
request be supported. Carried Unanimously.
REPORTS
MW-96-26 - Chief Administrative Officer - Re: Contract #96-131-95, Rolling Acres Drive
and Rolling Acres Crescent Sanitary Sewer Replacement. The report recommends that the
unit prices submitted by the low tendeter, Volsci Construction Co. Inc. be accepted and the by-
law be passed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the
report be received and adopted. Carried Unanimously-
~96-34
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
actions taken on the following matters by Community Services Committee, earlier this evening
be approve&
1. Adoption of the Minutes of January 29, 1996 Community Services Committee Meeting;
2. MW-96-23 - Proposed Land Exchange and Severance - 6493 Balmoral Avenue - that
approvals be given to the proposed land exchange subject to a) the proponents be
responsible for all legal surveys and severance fees; and b) the proponents be responsible
for extending municipal services to the new lot;
3. W-5-2- Watercourse (Philips Planning & Engineering) - that information be received on
the W-5-2 Watercourse Approved Environmental AssessmeW Report and on the Public
Information Session held Tuesday, February 6, 1996;
4. MW-96-28 - Casino Building Permit Fees - that the Building Permit By-law be amended
to include a category of permit fees for the construction of a Casino;
5. MW-96-30 - Building & Inspections Monthly Report - January, 1996 - that the Building
& Inspections Monthly Report for January 1996 be received and filed;
6. MW-96-31 - Waste Collection Route Changes - that information on Waste Collection
RoWe Changes received and filed;
7. MW-96-32 - Waste Management Jurisdiction - Transfer Agreement - that Regional
Niagara be advised that the City of Niagara Falls endorses the Waste Management
Transfer Agreement; and that Regional Niagara be encouraged to ~nalize the transfer of
Waste Management Jurisdiction as soon as possible;
8. Support of Food Banks - that Mr. Ed Lustig conduct a survey of which municipalities in
Ontario provide funding to local food banks, and that a report be provided to Council on
the outcome of the survey;
Gasoline Price Increase - that the petition against the 2 per cent per litre gasoline increase
bc supported. Carried Un him sl .
-8
R-96-07 - Chair, Civic Committee - Re: Civic Committee. The report recommends the
following:
1. That Council approve, in principle, the signage of historical sites in Chippawa;
That the 1995 surplus money ($2,059.34) realized from the past Canada Day Celebration
be forwarded to the 1996 Canada Day Celebration;
3. That the letter of resignation from Alderman Gary Hendershot, 1995 Chair, to the Canada
Day Committee be received and filed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be
received and adopted. Carded Unanimously.
R-96-05 - Update Report - Regional Tree Cutting By-law Exemption Request by Bona
Fide Farmers. The report recommends the following:
That Council not support a complete exemption for bona fide farmers from the Region's
Proposed Tree Cutting by-law; but, rather support the proposed changes of the Region's
Technical Advisory Committee;
2. That a copy of this report be provided to the Niagara South Federation of Agriculture and
Region of Niagara.
ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the report be
received and adopted. Carded Unanimously.
FD-96-01 - Chief Administrative Officer- Re: Municipal By-law 80-114; Designation of
Private Roadways as Fire Routes; Inclusion of Brookside Village, Co-operative Homes Inc.,
8175 McLeod Road. The report recommends that Council approve the request of Brookside
Village Co-operative Homes Inc., acting as property owner, to designate the private roadways as
Fire Routes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimously.
F-96-09 - Chief Administrative Officer - Re: Interim Levy of Realty Taxes. The report
recommends that Council approve the By-law appearing on tonight's agenda that makes
provision for the 1996 interim tax levy of realty taxes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimously.
See By-law No. 96-35
F-96-10 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends
that the accounts totalling $1,693,328.43 for the period ending February 12, 1996 be approved
by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carde(t with Aldermen Craitor and Cummings
abstaining ~'om the vote on conflicts of interest previously noted and with all others voting in
favour.
See By-law No. 96-36
CD-96-09 - Chief Administrative Officer - Re: Alteration of Time at which Council
Meetings Commence. The report recoramends that the information contained in this report be
'received for Council's information and consideration.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, to adopt the
7 p.m. Council meetings. The motion was Defeated with the following vote:
AYE: Alderman Campbell, Fisher, Hendershot, Pietrangelo and Puttick.
NAYE: Aldermen Craitor, Cummings, Janvary, Orr, Susin, and Volpatti.
- 9 -
CD-96-10 - Chief Administrative Officer - Re: Special Occasion Permit, Niagara Flames
Oldtimers Hockey Tournament. The report recommends that Council indicate it has no
objection to the issuance of a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carded Unanimously.
L-96-12 - Chief Administrative Officer - Re: Debris and Waste By-law. The report
recommends that Council pass the by-law attached to this report, regulating the maintenance of
lands in a clean and clear condition by requiring the owners, lessees, or occupants of the lands to
keep the lands in a clean condition with respect to the excessive accumulation of debris or waste
on their lands.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See B3:.!F_.No. 96-32
L-96-13 - Chief Administrative Officer - Re: City Easement Renewal Project.
The report recommends that the company known as Title-Net Incorporated be retained to carry
out the tasks of preparing the Notices of Claims required to be registered under the City
easement renewal program.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the
report be received and-adopted. Carried Unanimously.
RESOLUTIONS
NO. 10 - CUMMINGS - FISHER - RESOLVED that the Council of the City of Niagara Fails
petitions for subsidy under the provisions of The Public Transportation and Highway
Improvement Act on expenditures made during the year 1995.
And The Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 11 - SUSIN - ORR - RESOLVED that a letter of condolence be forwarded to the family
of the late Lubbertus (Bert) VantFoort, a membar of the Willoughby volunteer Fire Department
and well-respected citizen of the community.
And The Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 12 - HENDERSHOT - CUMMINGS - RESOLVED that a letter of condolence be
forwarded to the family of the late Sam Alfieri, who had served on the Parking and Traffic
Committee and the visitor and Convention Bureau and was a wall-respected citizen of the
community.
AND The Seal of the Corporation be hereto affixed.
Carded Unanimously
NO. 13 - VOLPATTI - CRAITOR - WHEREAS the focus of shopping in Niagara had been
traditionally in the local community; and WHEREAS over the past several years this situation
has changed with the advent of Regional shopping centres and the trend to cross border
shopping; and WHEREAS the consumer is becoming more discriminating and will cross over
municipal borders to satis~ their shopping needs. WHEREAS the City of St. Catharines has
become a Region's centre for retail shopping with the addition of major retail facilities such as
the price club, Home Depot, and with major expansions to both the pen Centre and the Fairview
Mall; and WHEREAS this major shift of retail development has drawn substantial tax revenue
from the retail/commercial sector to the city of St. Catharines; NOW THEREFORE BE IT
RESOLVED that the Council of the Municipality of regional Niagara week all necessary
amendments to the legislation that would result in a sharing of this regional retail/commercial tax
revenue with all of the municipalities in the Region.
AND The Seal of the Corporation be hereto affixed.
Carded Unanimously
10-
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
96-31
A by-law to amend By-law 94-42, as amended, being a by-law respecting
buildings and building permits.
96-32
A by-law to regulate the maintaining of land in a clean and clear condition.
96-33
A by-law to authorize the execution of a conditional permit agreement with
Victoria Meadows Townhomes Inc. respecting the construction of one block of
seven (7) unserviced townhouse dwellings prior to meeting all requirements to
obtain a building permit for the entire building.
96-34
A by-law to authorize the execution of an agreement with Volsci Construction
Co. Inc. respecting the replacement and repair of sanitary sewers on Rolling
Acres Drive and Rolling Acres Crescent.
96-35
A by-law to provide an interim levy of realty taxes.
96-36
A by-law to authorize monies for General Purposes (FebmaW 12, 1996).
The motion Carried with Aldermen Craitor and Cummings abstaining from the vote on By-law
No. 96-36 on conflicts &interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the
following by-laws be now read a second and third time:
96-31
A by-law to amend By-law 94-42, as amended, being a by-law respecting
buildings and building permits.
96-32
A by-law to regulate the maintaining of land in a clean and clear condition.
96-33
A by-law to authorize the execution of a conditional permit agreement with
' Victoria Meadows Townhomes Inc. respecting the construction of one block of
'Seven (7) unserviced townhouse dwellings prior to meeting all requirements to
· obtain a building permit for the entire building.
96-34
A by-law to authorize the execution of an agreement with Volsci Construction
Co. Inc. respecting the replacement and repair of sanitary sewers on Rolling
Acres Drive and Rolling Acres Crescent.
96-35
A by-law to provide an interim levy of realty tees.
96-36
A by-law to authorize monies for General Purposes (February 12, 1996).
The motion Ci~rriCd with Aldermen Crnitor and Cummings abstaining from the vote on By-law
No. 96-36 on conflicts of interest previously noted and with all others voting in favour.
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the actions
taken on the following matters by Committee of the Whole, earlier this evening be approved:
Human Resources Report
Approval of appointing the City Solicitor as Acting City Clerk; that the task of the Freedom of
Information and Insurance Claims responsibilities to be handled by the Legal Department.
CAO's Casino Report
The approval of a proposed Committee structure; the investigation of Human Resource impacts
regarding the handling of anticipated casino workload increases; the possibility of engaging
consultants for infrastructure impact studies; the City's involvement in an RFP for the casino,
with emphasis to direct the City's ensurance of statement and goals.
Carried Unanimously
NEW BUSINESS
Remembrance Day Services
Alderman Puttick discussed the Remembrance Day Services and the associated costs.
ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the meeting
be adjourned. Carded Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
SIXTH MEETING
COMMITTEE OF THE WHOLE_
Committee Room #2
February 19, 1996
Council met on Monday, February 19, 1996 at 7:00 p.m. in Committee of the Whole.
All members of Council, with the exception of Alderman Ward, who was away on business,
were present. Alderman Pat Cummings presided as Chairman.
Following consideration of the items presented, the Committee of the Whole did not rise
to report.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
February 19, 1996
Council met on Monday, February 19, 1996 at 7:30 p.m. for the purpose of considering
Regular Business. All members of Council, with the exception of Alderman Bruce Ward, who
was away on business, were present. Alderman Pat Cummings offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the Minutes of the Special Meeting of January 31, 1996 and the Minutes of the Planning/Regular
Meeting of February 12, 1996 be adopted as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Campbell, Hendershot, Janvary and Pietrangelo indicated pecuniary interests
on Communication No. 47, Township of West Lincoln, because they are employed by the School
Board.
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-96-11,
Cheque No. 219108 and Communication No. 49, Regional Niagara, because members of their
family are employed by the Region.
Alderman Craitor indicated a pecuniary interest with respect to the Niagara Transit
Commission Deputation because a family member is employed by Crawford, Smith & Swallow,
-2-
DEPUTATIONS
Rogers Cable
Mr. Jack Custers, Supervisor, Community Channel Cable 10 provided information
on the Rogers Cable System and outlined the community programs available on Community
Channel Cable 10 in Niagara Falls.
His Worship Mayor Thomson thanked Mr. Jack Custers, Mr. Derrick Miller and Rogers
Cable 10 for all their efforts in bringing Community Programming such as Council meetings to
the attention of the general public.
Niagara Transit & Niagara Chair-A-Van Statement of Affairs
Communication No. 45) - Greater Niagara Transit Commission - Re: 1995 Statement of
Affairs for the year ending December 31, 1994. - AND - Communication No. 46) - Niagara
Chair-A-Van - Re: 1995 Statement of Affairs for the year ending December 31, 1995. The
communications attach the subject statements and provide a summary of activities during 1995.
Mr. Wayne (Bart) Maves, Chairman, of the Greater Niagara Transit Commission
introduced the following representatives who were in attendance: Mr. Ted Salci, Mr. Ron
Sunstram, Mr. A. J. (Sandy) Casey, and Mr. Terry Librock and reviewed the information
contained in the Communications.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
Communication No. 45 and Communication 46 be received and filed. The motion Carded with
Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with all
others voting in favour.
The matter with respect to Ms. Tina Alsop and her concerns was deferred to the next
meeting.
COMMUNICATIONS
Communication No. 47 - Township of West Lincoln - Re: Regional School Board Tax Levies.
The communication requests Council support a resolution asking that the Regional Municipality
of Niagara and the Separate and Public School Boards be requested not to increase their tax levy
in 1996 beyond the assessment growth realized.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that the request
be supported. The motion Carded with Alderman Campbell, Hendershot, Janvary and
Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others
voting in favour.
Communication No. 48 - Niagara Falls Hydro - Re: Feasibility of Establishing a Regional
Hydro-Electric Utility. The communication advises that there are currently several very specific
investigations being conducted by the Provincial Government relative to local Hydro Utility
Commissions and recommending that no action or position be taken on this matter pending the
findings of the Advisory Committee on Competition in Ontario's Electricity System.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the
matter be received and filed for the Information of Council. Carded Unanimously.
-3-
Communication No. 49 - Regional Niagara, Office of the Clerk - Re: OMERS - Type 7
Supplementary Benefit Plan. The communication requests Council support a resolution asking
the OMERS Board be requested to consider pension plan cost reduction measures for
participating plan members such as relief to pension contribution rates and compulsory
contribution criteria; and to extend the OMERS Type 7 Supplementary Benefit Program for 24
months, subject to the availability ofactuarial surplus pension funds, at 100 percent cost to
OMERS, so as to encourage municipal government downsizing and early retirement initiatives
while not adding pension contribution costs to the employer.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
request be supported. The motion Carried with Alderman Craitor and Cummings abstaining
from the vote on conflicts of interest previously noted and with all others voting in favour.
Communication No. 50 - Niagara District Airport Commission - Re: 1996 Spending
Estimates. The communication provides information regarding the 1996 spending estimates for
the Niagara District Airport Commission and the 1995 audited financial statements for the
Commission.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that the
communication be received and filed for the Information of Council. Carried Unanimously.
Communication No. 51 - Blue Knight Security - Re: Club Velvet. The communication
expresses concerns regarding the recent sale of the Seneca Theatre.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the
matter be referred to staff and that further discussions regarding the situation be held with Mr.
Ross. Carded Unanimously.
REPORTS
R-96-10 - Chair, Recreation Commission - Re: Provincial, National and International
Competition, Grant Application, Mr. Mike Strange. The report recommends that the report
is for the consideration of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, to approve
that $750.00 be granted to Mr. Mike Strange. Carried Unanimously.
PD-96-13 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval, Bambi North Extension; 26T-92012 (Revised). The report recommends the
following:
1)
That a Council resolution supporting a one-year extension to the Bambi North Extension
Draft Plan of Subdivision be adopted conditional on the applicant maintaining the
appropriate subdivision sign on the property which complies with Municipal and
Regional requirements;
2) That a copy of this report and the Council resolution be forwarded to the applicant and
the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the report be
received and adopted. Carded Unanimously.
See Re~01Ution No, 14
F-96-11 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends
that the accounts totalling $266,661.85 for the period ending February 19, 1996 be approved by
the passing of the by-law appearing later on the agenda.
Further information was requested on Cheque Nos. 219114; 219027 and 219089,
-4-
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the report be received and adopted. The motion Carriled with Aldermen Craitor and Cummings
abstaining from the vote on conflicts of interest previously noted and with all others voting in
fayour. See By-law No. 96-38
CD-96-15 - Chief Administrative Officer - Re: Assistance to Missing Children Society of
Canada. The report recommends that the information contained in this report be received and
that participation at the levels outlined be approved.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
suggestions be endorsed. Carded Unanimously.
RESOLUTIONS
NO. 14 - VOLPATTI - ORR - RESOLVED that the Council of the Corporation of the City of
Niagara Fails hereby supports a one-year extension to the Bambi North Extension Draft Plan of
Subdivision and that the Regional Municipality of Niagara be so informed; conditional upon the
applicant maintaining the appropriate subdivision sign on the property which complies with
Municipal and Kegional requirements.
AND the Seal of the Corporation be hereto affixed. Carded Unanimously
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave
be granted to introduce the following by-laws and the by-laws be read a first time:
96-57 A by-law to provide for Appointments to certain Boards, Commissions and
Committees (appointment of Alfred P. Luciano to Niagara Falls Hydro-Electric
Commission)
96-38 A by-law to authorize monies for General Purposes (February 19, 1996)
The motion Carded with Aldermen Craitor and Cummings abstaining from the vote on By-law
96-38 on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
96-37 A by-law to provide for Appointments to certain Boards, Commissions and
Committees (appointment of Alfred P. Luciano to Niagara Falls Hydw-Electric
Commission)
96-38 A by-law to authorize monies for General Purposes (February 19, 1996)
The motion Carded with Aldermen Craitor and Cummings abstaining from the vote on By-law
96-38 on conflicts of interest previously noted and with all others voting in favour.
Niagara District Airport
.., NEW BUSINESS
Mr. JeffHuntus, Airport Manager, provided information with regard to all weather
approach capability at the Niagara District Airport and the acquisition of an instrument landing
system (ILS).
-5-
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Susin, that the City of Niagara Falls supports, in principal, the
acquisition of an instrument landing system for the Niagara District Airport and agree to
guarantee the City's portion of the loan of appruximately $60,000. Carried Unanimously.
Comments in the Niagara Falls Review
Alderman Puttick advised that he was in attendance at the Standing Committees of the
Association of Municipalities of Ontario (AMO) and not at a convention as outlined in the
Niagara Falls Review article concerning food banks.
Crossing Guard Program
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that staff
investigate a cost comparison of other municipalities with regard to the provision of a
Crossing Guard Program and the possibility of cost-sharing or sitemate financing be included.
The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest
and with all others voting in favour.
Public Information Meeting
Alderman Susin commented on the method of notification of the Preliminary Meeting of
Plan of Subdivision for Chippaws West Phase 2 which took place on February 12, 1996. The
Director of Planning and Development provided information on the procedure and notification
process used for this meeting which is not required by statute but which is a City policy and
noted the required process which will be followed before anything becomes final in this
development.
Alderman Fisher indicated that she had a conflict of interest on the matter.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the meeting
be adjourned. Carded Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
SEVENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
February 26, 1996
Council met on Monday, February 26, 1996 at 6:20 p.m. in Committee of the Whole.
All members of Council, with the exception of Alderman Puttick, who was away at the Ontario
Good Roads conference, were present. Alderman Shirley Fisher presided as Chairman.
Following consideration of the items presented, the Committee of the Whole did not rise
to report.
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
February 26, 1996
Council met on Monday, February 26, 1996 at 7:30 p.m. for the purpose of considering
Regular Business. All members of Council, with the exception of Alderman Norm Puttick, who
was away at the Ontario Good Roads conference, were present. Alderman Shirley Fisher
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the Minutes of the Regular Meeting of February 19, 1996 be adopted as printed. Carded
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Campbell, Hendershot, Janvary and Pietrangelo indicated pecuniary interests
on Report F-96-12, Cheque No. 219251 because the recipient is their employer.
Alderman Craitor indicated a pecuniary interest on Report F-96-12, Cheque No. 219204
because the recipient is his spouse's employer; and Cheque No. 219285, because he sits on the
Board as a volunteer director; and indicated a pecuniary interest on Report Nos.
'CD-96-11, CD-96-13 and CD-96-14 because he is involved with organizations that deal with
bingos.
Alderman Cummings indicated a pecuniary interest on Report F-96-12, Cheque No.
219204 because a member of his family is employed by the Region; and indicated a pecuniary
interest on Report Nos. CD-96-11, CD-96-13 and CD-96-14 because he is a member of several
clubs that deal with bingos.
-2-
Alderman Susin indicated a pecuniary interest on Report No. CD-96-11, because
members of his family are involved in organizations that deal with bingos.
Alderman Ward indicated a pecuniary interest on Report F-96-12, Cheque No. 219199,
because a family member is employed by the company; and Cheque No. 219259 because he has
a business interest.
DEPUTATIONS
Golden Honeshoe Social Action Committee
Mr. Mark Bishop, Golden Honeshoe Social Action Committee, Niagara Falls
Chapter advised that concerns had been raised by community leaders over the effects of the
Provincial government's policies and the undue hardships these policies would inflict. Mr.
Bishop introduced Mr. Dale Ford, Regional Niagara Coalition, who expressed concerns
regarding the govemment's "common sense revolution"; the proposed 30% sales tax reductions;
cuts to social services; the introduction of user fees; the reduction of public sector jobs and
requested that Council pass the proposed resolution.
Discussion ensued regarding the need for reduction in spending and concerns were
expressed with respect to the government's methods and timetable to carry out the proposed
cuts.
Ms. Pamela Jones was in attendance and read the proposed resolution with respect to
Bill 26 to members of Council.
It was noted that a copy of the resolution would be provided at the next Council meeting.
Following further discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Headershot, that the matter be deferred and that the resolution dealing
with Bill 26 and other government policies be brought back to the next Council meeting for
consideration. The motion Carded with Alderman Janvary abstaining from the vote because her
employer had been referred to and with all others voting in fayour.
Downtown Board of Management
Mr. Paul Juliar, Chairman, Downtown Board of Management advised that the
purpose of the Board was to promote the central business district of the City and requested that
Council continue to support the aims of the Downtown Board. Mr. Juliar introduced the new
Downtown Board of Management: Chrystal Haverstock, Vice-Chair; Greg Shupe, Treasurer;
Barbara Atkinson, Secretary; Members: Andrew Scerpas, Jr.; Dick Rogers; Ash Shannon; and
Dave Dancy.
His Worship Mayor Thomson thanked the members of the Board for their attendance.
Paradise Casinos
Mr. Jeff Newman, Paradise Casinos referred to the by-law which restricts the number
of charity events that are allowed to mn per year and requested that the restriction of one event
per quarter be lifted to allow charities to nan twice a month. Mr, Newman referred to the Monte
Carlo event policy which states that one event is permitted during the week and two are
permitted on weekends and requested that Council consider allowing a wide open market with
unlimited events at any given time.
-3-
- AND -
CD-96-12 - Chief Administrative Officer - Re: Monte Carlo Events Policy. The report
recommends the following:
That Council permit an increase in the number of Monte Carlo events in the City of
Niagara Falls to allow for the conduct of two (2) events during the midweek (Monday-
Thursday) time slot during the April-June and July - September quarters;
That this change to the Monte Carlo policy be implemented for a six-month trial period,
to be reviewed at that time;
3. That Council adopt the revised policy for Monte Carlo Events.
The Lottery Licence Clerk provided clarification on event limitations and advised that
Niagara Falls was not the only municipality restricting the number of events that can be
conducted; stated she was in'receipt of correspondence from a number of charities that were not
in agreement with Mr. Newman's comments.
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Campbell, that the report be received and adopted. Carried
Unanimously.
Mr. Rick O'Banion, Pegasus, advised that the system is set up to give charities a
reasonable chance for success and that discussions with his clients indicated they were against
the idea of an "open market free for all" within the City and asked that Council not endorse Mr.
Newman's request. Mr. O'Banion stated that a system which reflects the seasonal "ups and
downs" of the City's economic makeup would be better suited to the local groups.
The Lottery Licence Clerk responded to concerns expressed and advised there are no
restrictions regarding Monte Carlo events and that the municipality has very little jurisdiction
over Consultant's fees.
Following further discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Craitor, that staff prepare a report to review guidelines for payouts on
casino events and further that a report on the City's ability to restrict operators of casino events to
Niagara Falls only charities. Carried Unanimously.
Project S.H.A.R.E.
Ms. Amy Bignucolo, Project S.H.A.R.E. provided a brief summary of the history and
services of Project Share; reviewed results of a survey conducted across 14 different
communities and the services provided; referred to the volunteer hours and to Professor June
Corman's editorial in the Niagara Falls Review; requested Council's continued support and
recognition of the essential need of Project Share in the community.
UNFINISHED BUSINESS
L-96-09 - Chief Administrative Officer - Re: Agreement to Park Recreational Vehicle on
City Property - Alvin Neufeld. The report recommends that Council deny the request of Mr,
Neufeld for an agreement to park his motorized recreational vehicle on City property.
Mr. Alvin Neufeld advised that he has maintained the city owned property for
approximately 20 years and requested permission to park his motorized recreational vehicle on
the city property.
-4-
The Director of Municipal Works stated that the construction and configuration of the
area will not be available for Mr. Neufeld's use and that the "open flat area" will become a water
course,
Following some discussion, it was ORDEI~D on the motion of Alderman Cummings,
seconded by Alderman Fisher, that Mr. Neufeld contact the Mayor's Office when the
construction has been completed to further discuss the issue. Carried Unanimously,
COMMUNICATIONS
Communication No. 52 - Sherway Tennis Club - Re: Winter Tennis. The communication
requests consideration for the use of an air structure covering public tennis courts during the
winter months.
ORDEKED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that the
communication be referred to staff. Carried Unanimously.
Communication No. 53 - The Niagara Parks Commission - Re: ,~unual Fireworks. The
communication requests permission to carry out their annual fireworks displays over the Fails on
Friday evenings at 10:00 p.m. commencing May 17th to August 30th, 1996 and also to hold
fireworks displays on May 20th, May 27th, July 1st and July 4th, 1996.
OP, DEP~D on the motion of Alderman Cummings, seconded by Alderman pietrangelo, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 54 - Niagara River Remedial Action Plan, Public Advisory Committee
- Re: The Niagara River Remedial Action Plan (PAP) Plaque. The communication requests
Council support a resolution asking that the Niagara Parks Commission reconsider its decision
to deny the request to erect the plaque at a location along the Niagara River.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the request
be supported through the Mayor's Of~ce. Carried Unanimously.
Communication No. 55 - City of St. Catharines - Re: Effects of Provincial Tax Cut. The
communication requests Council support a resolution requesting the Provincial government not
to implement tax cuts which would be financed by increasing the deficit or by cutting essential
services and that the Association of Municipalities of Ontario be asked to endorse their position.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
request be supported. Carried Unanimously.
Communication No. 56 - Regional Niagara, Office of the Clerk - P,e: Proposed Stopping Up
and Closing portion of Dixon Street. The communication advises that the Kegion of Niagara has
no objection to the proposed stopping up and closing of the portion of Dixon Street east of
Buchanan Avenue.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangele, that the
communication be received and fried.
REPORTS
MW-96o38 - Chief Administrative Officer - Re: Local Improvement Works on Ferry
Street. The report recommends that the by-law appearing on tonight's Council agenda
authorizing the construction of local improvement works on Ferry Street from Victoria Avenue
to the east side of Stanley Avenue be passed.
ORDERED on the motion of Alderman Off, seconded by Alderman Craitor, that the report be
received and adopted and further that suitable recognition be given to the late Sam Al~eri for his
efforts and involvement through ceremony and a suitable plaque. Carried Unanimously.
See By-law No. 96-40
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MNV-96-40 = Chief Administrative Officer - Award of Tender 96-130-95; Watermain
Replacement; Main, Willoughby, Peter, St. John, St. Marks & Caswell Streets. The report
recommends that the unit prices submitted by the low tendeter, Provincial Construction
(Montrose) Ltd. be accepted and the by-law be passed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
See By-law No. 96-41
R-96-11 - Chairperson, Arts & Culture Commission - Re: Appointments to the Arts and
Culture Commission, Revision of by-law No. 91-40 for the Arts and Culture Commission.
The report recommends the following:
To appoint the following ten (10) City residents, who have applied to serve on the Arts &
Culture Commission;
To hold a vote in order to appoint five (5) members for a two-year term and the
remaining five (5) members for a one-year term;
3. To change the By-law as follows:
a)
Article 3: The Commission shall be composed of up to sixteen (16) members
appointed by City Council;
b) Quorum will be determined by the majority of existing appointed members;
c)
Article 6 (g): To assist in the provision of facilities for short and long term
cultural development;
d) Article 6 (h): To facilitate training opportunities related to arts and culture.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that John
Anstruther; Elizabeth Detlor; William Haskin, Maureen McRae and Ann Speedie be appointed to
the Arts and Culture Commission for a two-year term; and that Maria Terry Compostella,
Heather Ford, Debbie Legge, Laura Moffat and Gordon West be appointed to the Arts and
Culture Commission for a one-year term. Carried Unanimously.
PD-96-14 - Chief Administrative Officer - Re: Site Plan Approval, SPC-12/95, Proposed
Expansion to Chalet Motor Inn, 5577 Ellen Avenue. The report recommends that Council
approve the site plan for a proposed expansion to Chalet Motor Inn, located at 5577 Ellen
Avenue.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
PD-96-15 - Chief Administrative Officer - Re: Site Plan Approval, SPC-17/95; Proposed
Drive-thru Restaurant, Victoria Avenue, South of Morrison Street. The report recommends
that Council approve the site plan for a proposed 2,900 sq. ft. Tim Hertons drive-thru restaurant
located on the west side of Victoria Avenue, south elMerrisen Street.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report
be received and adopted. Carried Unanimously.
PD- 96-17 - Chief Administrative Officer - Re: Request for Removal of Part Lot Control,
'5097/5101 & 5111/5115 Rice Crescent, Lots 85, 86 & 87, Plan 285. The report recommends
the following:
That Council approve the application and pass the appropriate by-law to designate lots
85, 86 & 87, Plan 285, as exempt from Part Lot Control;
That the applicant be required to notif3, the City when the separate deeds have been
registered in order for the by-law to be repealed.
-6-
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
F-96-12 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends
that the accounts totalling $1,913,814.30 for the period ending February 26, 1996 be approved
by the passing of the by-law appearing later on the agerids.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
report be received and adopted- The motion Carded with Aldermen Campbell, Craitor,
Cummings, Hendershot, Janvary, Pietrangelo, and Ward on conflicts of interest previously noted
and with all others voting in favour. See By-law No. 96-43
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by the Finance Committee, earlier this evening, be
approved:
1. Adoption of the minutes of the January 29, 1996 Finance Committee meeting;
2. Housing Start Rebate Program - that Mr. Andrew Marchand's request for modification to
the Niagara Housing Start Rebate Program be denied;
3. R-96-08 - Volunteer Bureau - that the matter be deferred for one week - Opposed:
Aldermen Hendershot, Pietrangelo and Ward;
4. MW-96-39 - Purchase of Used Combination Sewer/Catchbasin Cleaner - that the matter
be deferred for one week - Opposed: Alderman err;
5. FC-96-06 - Phasing of Tax Impact from Market Value Assessment - that the Regional
Municipality of Niagara be advised that the City of Niagara Falls is not interested in
having the Region of Niagara or the School Board participate in a phasing program
related to market value assessment;
10.
11.
- That the Provincial government be petitioned for waiver of appeal fees that are
necessitated due to the introduction of Market Value Reassessment - Opposed: ,Alderman
Volpatti;
- That staff investigate the possibility of establishing a separate mill rate for unimproved
property - Opposed: Aldermen err and Volpatti;
Greater Niagara Senior Citizens - Re: Funding - that the correspondence be received and
filed;
YWCA - Re: Forgiveness of Property Taxes - that the subject of forgiveness of taxes for
the local YWCA be deferred until such time as the Region and School Boards have
responded;
Welland County Roman Catholic School Board - Re: All Ontario High School Debating
Championship Tournament - that a donation orS100 be approved for the All-Ontario
High School Debating Championship Tournament being hosted by the WeBand County
Roman Catholic Separate School Board - Opposed: Aldermen Campbell and err;
Alderman Pietrangelo - conflict of interest;
Niagara Falls Review ~ Request for Advertising, 1996 Progress Edition - that staff solicit
additional advertising rates from the Niagara Falls Review with respect to the 1996
Progress Edition - Opposed: Alderman err;
-7-
12.
Budget Discussion - that the budget recommendations submitted by staff be forwarded to
the final budget deliberations on March 4, 1996 - Opposed: Alderman err.
The motion Carried with Aldermen Hendershot, Pietrangelo and Ward opposed to Report R-96-
08; Alderman err voting contrary to Report MW-96-39; Alderman Volpatti voting contrary to
the motion dealing with petitioning the Provincial government for waiver of appeal fees;
Aldermen err and Volpatti voting contrary to the motion dealing with the establishment of a
separate mill rate for unimproved property; Aldermen Campbell and err voting contrary to the
motion dealing with the All-Ontario High School Debating Championship Tournament;
Alderman Pietrangelo abstaining from the vote on the matter because the School Board is his
employer; Alderman err voting contrary to the motion dealing with advertising rates from the
Niagara Fails Review; and Alderman err voting contrary to the motion dealing with final budget
deliberations and with all others voting in favour.
CD-96-11 - Chief Administrative Officer - Re: Provincial Bingo Policy. The report
recommends the following:
That Council adjust the event calendar to allow for a new time slot to operate between the
hours of 9:00 a.m. and 12:00 noon. This time slot may be used for one of the following
events:
a)
b)
A Provincial Bingo Event; or
A Municipal Bingo Event when in conjunction with a Provincial Bingo Event;
That the Bingo time slot operating between 12:00 midnight and 6:00 a.m. be modified to
allow for a Municipal Bingo Event in this time slot, when in conjunction with a
Provincial Bingo Event;
That the policy for Provincial Bingo Licences over $10,000 be cancelled and all
Provincial Bingos fall under the revised policy;
That the Provincial Bingo Policy and the change to the event calendar be implemented
for a one-year trial period;
5. That Council adopt the revised policy for Municipal Approval of Provincial Bingos.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carried with Alderman Craitor, Cummings and
Susin abstaining from the vote on conflicts of interest previously noted and with all others voting
in fayour.
CD-96-13 - Chief Administrative Officer = Re: Lottery Totals for 1995. The report
recommends that the contents of this report be received and filed for information purposes.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the
report be received and filed for the information of Council. The motion Carried with Aldermen
Craltor and Cummings abstaining from the vote on conflicts of interest previously noted and
with all others voting in fayour.
CD-96-14 - Chief Administrative Officer - Re: Bingo Lottery Totals (10 Year Period). The
i'eport recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the
report be received and filed for the information of Council. The motion Carded with Aldermen
Cmitor and Cummings abstaining from the vote on conflicts of interest previously noted and
with all others voting in fayour.
-8-
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that leave be
granted to introduce the following by-laws and the by-laws be read a first time:
96-:t9 A by-law to amend By-law No. 80-14, as amended, being a by-law to designate
private roadways as fire routes along which no parking of vehicles shall be
permitted.
96-40 A by-law to authorize the undertaking of the construction of certain works as a
local improvement under Section 7 of the Local Improvement Act.
96-41 A by-law to authorize the execution of an agreement with Provincial Construction
(Montrose) Ltd. respecting the Watermain Replacement Program on Main Street,
Willoughby Drive, Peter Street, St. John Street, St. Marks Avenue & Caswell
Street.
96-42
Aby-law to designate certain land not to be subject to part lot control.
96-43
A by-law to authorize monies for General Purposes (February 26, 1996)
The motion Carded with Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary,
Pietrangelo, and Ward abstaining from the vote on By-law No. 96-43 on conflicts of interest
previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvap/, that the
following by-laws be now read a second and third time:
96-39
A by-law to amend By-law No. 80-14, as amended, being a by-law to designate
private roadways as fire routes along which no parking of vehicles shall be
permitted.
96-40
A by-law to authorize the undertaking of the construction of certain works as a
local improvement under Section 7 of the Local Improvement Act.
96-41
A by-law to authorize the execution of an agreement with Provincial COnstruction
(lVlontrose) Ltd. respecting the Watermain Replacement Program on Main Street,
Willoughby Drive, Peter Street, St. John Street, St. Marks Avenue & Gaswell
Street. '
96-42
A by-law to designate certain land not to be subject to part lot control.
96-43
A by-law to authorize monies for General Purposes (February 26, 1996)
The motion Carried with Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary,
Pietrangelo, and Ward abstaining from the vote on By-law No. 96-43 on conflicts of interest
previously noted and with all others voting in favour.
NEW BUSINESS
Conditions of Sidewalks
Alderman Pat Cummings discussed the conditions of the sidewalks in front of Christ
Church and requested that consideration be given to handicap access in the area. The Director
of Municipal Works indicated that he would look into the matter.
'9-
Catchbasins
Alderman Shirley Fisher requested that residents assist the City in the cleaning out of
leaves and debris from their catchbasins.
Casino Selection Site
Alderman Selina Volpatti advised that she had received numerous enquiries from
residents with respect to why the City was not being permitted to be involved in the casino site
selection. His Worship Mayor Thomson and the Chief Administrative Officer provided a recap
of all of the areas of the City's involvement· The Chief Administrative Officer advised that the
government was looking at ways to integrate the community into the process·
Alderman Selina Volpatti questioned the status of the temporaW casino once the
permanent casino was completed in Windsor.
tan Strathern Fundraiser
Alderman Kim Craitor stated that the lan Strathern Fundraising event, through the efforts
of the Club Italia Youth group had raised a total of $16,000. Alderman Craitor requested that a
letter of congratulations be forwarded from the Mayor's Office to the Club Italia Youth group
for all their efforts in the fundraiser.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that a letter of
congratulations and appreciation be forwarded to Club Italia Youth Group for all their efforts in
the Ian Strathern fundraising event. Carried Unanimously·
Alderman Pat Cummings suggested that a letter of appreciation also be forwarded to the
Niagara Falls Thunder for all their efforts in the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that a letter
of appreciation be forwarded to the Niagara Falls Thunder team for all their efforts in the Ian
· Strathern fundraising event. Carried Unanimously.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
EIGHTH MEETING
COMMITTEE OF THE WHOLE,
Committee Room #2
March 4, 1996
Council met on Monday, March 4, 1996 at 6:30 p.m. in Committee of the
Whole. All members of Council, with the exception of Alderman Janvary, were
present. Alderman Selina Volpatfi presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
rose to report in open session.
READ AND ADOPTED,
'E ........
REGULAR MEETING
Council Chambers
March 4, 1996
Council met on Monday, Mamh 4, 1996 at 7:30 p.m. for the purpose of
considering Regular Business. All members of Council were present. Alderman
Selina Volpatti offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the Minutes of the Regular Meeting of February 26, 1996 be adopted as printed.
Carded Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Craitor indicated a pecuniary interest on Report F-96-13, Cheque
No. 219445, because a member of his family is employed by the Region; and Report
CD-96-17 because he is involved with organizations that operate bingos.
Alderman Cummings indicated a pecuniary interest on Report F-96-13,
Cheque No. 219445, because a member of his family is employed by the Region;
#219365, because he is a member of the Service Club; and Report CD-96-17,
because he is a member of an organization that deals with bingos.
Alderman Fisher indicated a pecuniary interest on Report CD-96-17, because
she is a member of an organization that deals with bingos.
Alderman Janvary indicated a pecuniary interest on the Unfinished Business
matter because her employer is mentioned.
Alderman Susin indicated a pecuniary interest on Report No. CD-96-17,
because members of his family are involved in organizations that operate bingas.
DEPUTATIONS
The Canadian Red Cross Society - Niaclara Falls Branch
Renate Martin, Branch Manager, The Canadian Red Cross Society,
Niagara Falls Branch, stated that March was "Red Cross Month"; referred to the
2nd Annual Bean Blitz for Charity and that the funds raised would assist the Red
Cross in providing the following services to the community: Support the Blood Donor
Program; Offer Information~Education on Water Safety and First Aid; Provide
Emergency Response; Provide Home Healthcare Equipment Loan Service and
Deftvery of Equipment; and Provide an Opportunity to keep the Community Updated
on International Disasters and Needs.
Ms. Martin distributed One Do~ar Bags of Jelly Beans to Counc~ and thanked
members for their support.
His Worship Mayor Thomson thanked Ms. Martin for her attendance and for
the excellent work that was being dane.
Mr. Dou~l Allin~lham of Totten. Sims, Hubicki Associates
Mr. Doug Allingham of Totten, Sims, Hubicki Associates, reviewed the
following issues as outlined in the Niagara Falls People Mover Feasibility Study,
through the use of slides: The Study Proponents; The Original Study Area; The
Study Objectives; The Implementation Process; What is a People Mover System;
What are the Issues; How Issues were Identified and Assessed; The Need to Expand
the People Mover System: Technology and the Integration into Various
Environments; High Capacity Loop - The Integration with Other Communities within
the Niagara Region; Costs - Capital and Operating Subsidies; and the Benefits.
Mr. Allingham responded to concems expressed and provided information on
the process and procedure for the implementation and of the integration of the
Niagara Falls TranspSrtation Study and the Niagara Falls People Mover Feasibility
Study,' and requested that the following recommendations in the Executive Summary
be endorsed.
That the City of Niagara Falls, acting as the lead proponent, initiate an
Environmental Assessment Study which would include activities leading to the
confirmation of an alignment, preliminary design and further investigation of
existing technologies which would meet the needs of an expanded people
mover system;
That the City of Niagara Falls and the Region of Niagara ensure that the
recommendations of this Study are integrated into the Niagara Falls
Transportation Planning Study currently being undertaken by the, Region of
Niagara;
That following completion of the Environmental Assessment Study, the City of
Niagara Falls undertake a Land Use and Urban Design Study within the
people mover service area to develop land use policies and architectural
guidelines relative to the integration of development and transportation service
requirements;
That a Transportation Co-ordinating Committee be formed within the Niagara
Falls with the mandate being to co-ordinate a~ transportation related services
in the community, particularly, provision of services to visitors;
That the short term improvements to the transportation system and the
existing people mover system be considered by Niagara Parks Commission
and the City of Niagara Falls/Region of Niagara for implementation,'
That given the potential benefits that will accrue to a~ of the stakeholders
within the community with the implementation of an expanded people mover
system, it is recommended that funding for the next stage of the process be
shared by:
The City of Niagara Falls; ~
The Province of Ontario (the Ministry of Transportation, the Ministry of
Economic Development, Trade and Tourism, and the Ministry of
Municipal Affairs);
The Niagara Parks Commission;
The Federal Government (the Ministry of Industry, Science and
Tourism) and;
The Regional Municipality of Niagara.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti,
that the recommendations contained in the Executive Summary be endorsed.
Carried Unanimously.
His Worship Mayor Thomson thanked Mr. Allingham for his presentation.
Saturday Late Niqht Binclo
Ms. Carol Jones, President Monte Carlo Bingo Association, provided a
brief synopsis of events leading to the present situation and advised that the Air
Cadets and the Optimist Club have indicated they were not in agreement with staffs
recommendations in Report CD-96-17, since the recommended time slots have nat
been advantageous, the organizations were requesting that the bingo events be
restored to the original number.
Mr. John L. denOuden, Chairman, Air Force Association expressed
concerns regarding the reduction of the bingo events from 26 to 13 having drastically
reduced the income for the Air Cadets and requested that the fu~ number of late
,night bingo events be restored to the Air Cadets.
Mr. Carl Gunn, Bingo Chairperson, The Optimist Club, expressed concerns
regarding the reduction of bingo events and indicated that in order to maintain the
programs, it was essential that the number of bingo events be restored to the
original number.
Mr. Ferando Pinqua advised of his attempts to notify his service groups to
attend this evening's Council meeting, but had been unable to do so and requested
that the matter be deferred until his service groups were notified of the situation.
-4-
- AND -
CD-96-17 - Chief Administrative Officer- Re: Municipal Bingo Calendar;
Reduction of Saturday Late Night Bingo. The report recommends that
Recommendations #2 and ~.3, as outlined in Report CD-95-47 be adopted.
Following further discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Puttick, that the matter with respect to the
Saturday Night Late Night Bingo be deferred to the next meeting of Council. The
motion Carried with Aldermen Craitor, Cummings, Fisher and Susin abstaining from
the vote on conflicts of interest previously noted and with all others voting in fayour.
UNFINISHED BUSINESS
Resolution submitted by the Golden Horseshoe Social Action Committee -
Resolution on Bill 26 and Other Government Po~cies.
· ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that
Council endorse the resolution subject to deletions that refer to Bill 26 and further
that changes be made with respect to the statement regarding the Niagara Falls City
Council '~ublicly oppose trading off public sen/ices and programs for a politically
motivated tax cut that will only benefit the rich". The motion Carried with Alderman
Janvary abstaining from the vote on a conflict of interest and Alderman Susin voting
contrary to the motion and with all others voting in favour.
COMMUNICATIONS
Communication No. 57 - Canadian Cancer Society, Jim McGregor, President,
Greater Niagara Unit - Re: Proclamation. The communication requests that
Council proclaim the month of April as "Cancer Awareness Month"in Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the request be supported subject to established policy. Carried Unanimously.
Communication No. 58 - Canadian Wildlife Federation, Colin Maxwell, Executive
Vice President - Re: Proclamation. The communication requests that Council
declare the week of April 7-13, 1996, as "National Wildlife Week."
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the request be approved and the additional material referred to Environmental
Planning and Greening Committee. Canfed Unanimously.
Communication No. 59a) - Downtown Board of Management, Paul Juliar,
Chairman - Re: Notice of Objection. The communication requests that The City of
Niagara Falls file an official Notice of Objection for Regional Policy Plan Amendment
#107 and file any other appeals with respect to this matter to the Town of Niagara-
on-the-Lake; -AND - Communication No. 59b) - Sullivan, Mahoney, Solicitors -
The communication requests that Council not object to the Niagara-on-the-Green
proposal. - AND - Communication No. 59c) - City of SL Catharines. The
communication provides information with respect to the concerns regarding the
potential region-wide negative fiscal and economic impacts of the Niagara-on-the-
Green proposal and that the matter be reviewed within the o~;erall context of
municipal restructuring and regional planning.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that
the communication be received and filed. Canfed Unanimously.
Communication No. 60 - Canadian Red Cross, Renate Martin, Branch Manager -
Re: Blood donor clinic. The communication expresses appreciation for the City's
sponsorship of the Blood donor clinic held on February 20, 1996 and advises that in
April, 1996, the Canadian Red Cross would be moving to monthly clinics, changing
the day to Mondays.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo,
that the communication be received and filed for the Information of Council. Carried
Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman
Janvary, seconded by Alderman Orr, that a letter of congratulations be forwarded
from the Mayors Office to former City employee Bob Wilson on his lOOth blood
donation. Carded Unanimously.
Communication No. 61 - The Kidney Foundation of Canada, Barbara Piccirillo,
Niagara Falls Area Co-ordinator- Re: Proclamation. The communication
requests that Council proclaim the month of March as "Kidney Month" in Niagara
Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the request be approved subject to established policy. Carried
Unanimously.
REPORTS
R-96-13 - Chair, Environmental Planning and Greening Committee - Re: Action
Stemming from the Environmental Planning & Greening Committee of February
21, 1996. The report recommends that Council endorse the action of the
Environmental Planning & Greening Committee of February 21, 1996.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that
the report be received and adopted. Carried UnanimousIv._
R-96-f4- Chief Administrative Officer- Re: Volunteer Bureau. The report
recommends that the report is for the consideration of Council.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that
the report be received and filed. Carried Unanimously.
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that the actions taken on the following matters by Community Services
Committee, earlier this evening, be approved:
Adoption of the Minutes of February 12, 1996 Community Services Committee
Meeting;
MW-96-41 - Canadian Home Products Sewer Surcharge Relief - that Canadian
Home Products be granted relief on sewer surcharge for the portion of water
diverted from the City's sanitary sewer, subject to Canadian Home Products
verifying the quantity of water diverted on a yearly basis, starting with the
January 1995 billing period;
Request for Relocation of Fire Hydrant at 7678 Southwood Drive - that the
information be received on the relocation of the fire hydrant at 7678
Southwood DtYve and that no action be taken;
-6-
MW-96-44 - Flooding - 7769 Cavendish Drive - Mr. Parkhurst - that Report
MW-96-44 be received for information and that the matter be referred to staff
to attempt to resolve the matter,'
Correspondence from Mr. Bob Amo/d and residents of Sunhaven Drive - Re:
McLeod Road Plaza - that a meeting be arranged ( through Ed Lustig's office)
with the residents, plaza owners. business operators, City Health Department
and Ministry of Environment & Energy in an attempt to so/re the problems
associated with the McLeod Road Plaza;
R-96-12 - Proposed Bell Easement in John N. Allan Park - that approval be
granted for an easement to Bell Canada for an easement to house a walk-in
equipment cabinet in the John N. Allan park subject to the following
conditions: a) that $4,000.00 and all associated costs (i.e. legal, survey,
reference plan, and registration fees) be paid by Cell Canada; b) that Bell
Canada provide landscaping around the equipment cabinet to the satisfaction
of the City's Landscape Architect,' and c) that Bell Canada pave the access
drive in accordance with City Specifications;
MW-96-42 - Joint Backyard Composter Truck Load Sale Event with Niagara
Falls, St. Catharines, Thorold and Niagara-on-the-Lake - that the proposal
from Norseman Plastics Ltd. be accepted for the operation of a 1996 Joint
(with Niagara Falls, SL Catharines, Thorold and Niagara-on-the-Lake)
Backyard Composter Truck Load Sale whereby 2,300 composters will be
distributed in Niagara Falls on a first come, first served basis while supplies
last on a weekend some time in May at a location to be determined with the
cost to the resident set at $10.00 per Cornposter including taxes;
and that the City of Niagara Falls purchase 2,300 composters from Norseman
at an estimated cost of $57,661.00; and a submission be made to the Ministry
of Environment & Energy for their contribution forthwith;
MW-96-45 - Purchase of Decorative Streetlight Poles & Luminaires for Ferry
Street - that staff be authorized to proceed with the selection of the lowest
qualified supplier for decorative street light poles and Luminaires for Ferry
Street from Victoria Avenue to Stanley Avenue;
MW-96-46 - Purchase of Used Combination Sewer/Catchbasin Cleaner - that
City staff be authorized to submit a bid in the amount of $110,000.00 for the
pumhase of a sewer/catchbasin cleaner from the City of Burlington
Opposed: Alderman Susin;
10.
Region-wide Generic Contract Specification - that information on Region-wide
Generic Contract Specifications be received;
Thorold Stone Road Bridge - that staff set up a meeting with appropriate
agencies regarding the Thorold Stone Road Bridge;
12. Water Bills - that staff prepare a report outlining present water billing policies.
The motion Carried with Alderman Susin voting contrary to the motion on Report
MW-96-46 and with all others voting in favour.
PD-96-16 . Chief Administrative Officer- Re: Proposed Provincial Policy
Statements. The report recommends that Council receive and file this report for
information purposes.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman
Campbell, ~at the report be received and filed, Carded Unanimously.
- 7 -
PD-96-18 - Chief Administrative Officer- Re: Requests for Extension to Draft
Plan Approval Willtams Subdivision, 26T-93011 (Revised) & Willtams
Subdivision Plan 2, 26T-94001. The report recommends the following:
That Council resolutions supporting a one-year extension to draft plan
approval for the i) Willtams Subdivision and it) Willtams Subdivision Plan 2 be
adopted conditional on the applicant maintaining the appropriate subdivision
signs on the properties which comply with Municipal and Regional
requirements;
2. That a copy of this report and the Council resolutions be forwarded to the
applicant and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 16
See Resolution No. 17
F-96-f3 - Chief Administrative Officer- Re: Municipal Accounts. The report ~
recommends that'the accounts totalling $314,587.32 for the period ending March 4,
1996, be approved by the passing of the by-law appearing later on the agenda.
Further information was provided on Cheque Nos. 219467; 219472; 219434,'
219430 and Setvice Centre Computer Purchases.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that
the report be received and adopted. The motion Carried with Aldermen Craitor,
Cummings abstaining from the vote on conflicts of interest previously noted and with
all others voting in favour.
See By-law No. 96-46
F-96-f4 - Chief Administrative Officer- Re: 1996 Current Budget. The report
recommends the following:
~. That the Council of the City of Niagara Falls approve the 1996 Current
Budget;
2. That the Council of the City of Niagara Falls approve the 1996 tax rates as
presented.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the report be received and adopted. The motion Carried with
Aldermen Orr and Susin voting contrary to the motion and with all others voting in
favour.
L-96-f5- Chief Administrative Officer- Re: Amendments to Municipal Freedom
of Information and Protection of Privacy By-law, Corporate Reorganization, Our
File No. 96CNF000.007. The report recommends that the attached Municipal
Freedom of Information Protection and Privacy By-law be adopted by Council to
reflect the corporate reorganization wherein the duties and responsibilities under the
said Act have been transferred from the Clerk's Department to the Legal
Department.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the report be received and adopted. Carded Unanimously.
See By-law No, 96-44
CD-96-18 - Chief Administrative Officer- Re: Special Occasion Permit, Royal
Canadian Legion Branch 51. The report recommends that Council indicate it has
no objections to the issuance of a Special Occasion Permit to the organizations
listed in this report.
- 8 -
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously.
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that the
actions taken on the following matter by Committee of the Whole, earlier this
evening, be approved:
That Council retain the law firm of Weir & Foulds to act on its behalf and to
commence legal action against Samuel Mingle, Margaret Mingle, Sleep Cheap Inns
of Canada Inc., 335381 Ontario Limited, 942287 Ontario Limited, 968412 Ontario Inc.
and Southern Hospitality Corp. and any other corporation or individual associated
with Samuel Mingle or Margaret Mingle, who may be involved in the business tax
arrears concerning "The Inn By the Falls", 5513-5525 Victoria Avenue and to take all
steps as may be required. Carded Unanimously
RESOLUTIONS
NO. f6 - WARD - CUMMINGS - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby supports a one-year extension to the Willjams
Subdivision Draft Plan of Subdivision and that the Regional Municipality of Niagara
be so informed,' conditional upon the applicant maintaining the appropriate
subdivision signs which comply with Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. f7 - WARD. CUMMINGS - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby supports a one-year extension to the Williams
Subdivision Plan 2 Draft Plan of Subdivision and that the Regional Municipality of
Niagara be so informed; conditional upon the applicant maintaining the appropriate
subdivision signs which comply with Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ward,
that leave be grented to introduce the following by-laws and the by-laws be read a
first time:
96-44
A by-law to designate a head of the Municipal Corporation or the
purposes of the Municipal Freedom of Information and Protection of
Privacy Act, R.S.O. 1990, c.M. 56 as amended.
96'45
A by-law to provide for the appointments to the Arts and Culture
Commission.
9646
96,47
96-48
A by-law to authorize monies for General Purposes (March 4, 1996).
A by-law to authorize the execution of an Agreement respecting the
acquisition of land from the Niagara Parks Commission.
A by-law to authorize the execution of an Offer to Sell from Carol May
Holman to sell to The Corporation of the City of Niagara Falls, property
at the rear of 5986 Drummond Road.
The motion Carried with Alderman Craitor and Cummings abstaining from the vote
on By-law No. 96-46 on conflicts of interest previously noted and with all others
voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman
Cummings, that the following by-laws be now read a second and third time.'
96-44
A by-law to designate a head of the Municipal Corporation or the
purposes of the Municipal Freedom of Information and Protection of
Privacy Act, R.S.O. 1990, c.M. 56 as amended.
96-45
A by-law to provide for the appointments to the Arts and Culture
Commission.
96-46
A by-law to authorize monies for Genera/Purposes (March 4, 1996).
96-47
A by-law to authorize the execution of an Agreement respecting the
acquisition of land from the Niagara Parks Commission.
96-48
A by-law to authorize the execution of an Offer to Sell from Carol May ~
Holm~n to sell to The Corporation of the City of Niagara Falls, pt~operty
at the rear of 5986 Drummond Road.
The motion Carried with Alderman Craitor and Cummings abstaining from the vote
on By-law No. 96-46 on conflicts of interest previously noted and with all others
voting in fayour.
NEW BUSINESS
Paradise Casinos
His Worship Mayor Thomson referred to correspondence received from
Canadian Niagara Hotels Inc. providing clarification on comments made by Mr. Jeff
Newman of Paradise Casinos at the Council meeting of February 26, 1996.
Casino Events
Alderman Gary Hendershot referred to the report being prepared by staff with
respect to the City's ability to restrict operators of casino events to Niagara Falls only
charities and advised that an article in the Buffalo News had made mention of a .
casino event in Niagara Falls with the proceeds going to the Folk Arts in St.
Catharine.
The Branscombe Family Foundation
Alderman Selina Volpatfi referred to the Branscombe Family Foundation and
of. their financial commitment to Project S.H.A.R.E.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that
a letter from the Mayors Office be forwarded to the Branscombe Foundation in
recognition of their financial assistance to Project S.H.A.R.E. Carried Unanimously.
- lO-
International Women's Day
Alderman Kim Craitor advised Council that March 8, 1996 would be celebrated
as "/ntemationa/ Women's Day", in recognition of women for their contributions
around the world.
Club Italia 17th Annual Beauty Paqeant
Alderman Kim Craitor advised that Club Italia would be holding its 17th Annual
Beauty Pageant on Mamh 23, 1996 and suggested that members of Council
arrange for a Council table at the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Vo/patti,
that the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
NINTH MEETING
PLANNING MEETING
Council Chambers
March 25, 1996
Council met on Monday, March 25, 1996 at 7:30 p.m. for the purpose of
considering Planning Matters. All members of Council were present. Alderman
Victor Pietrangelo offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the Minutes of the Regular Meeting of March 4, 1996 be adopted
as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Campbell, Hendershot and Janvary and Pietrangelo indicated
pecuniary interests on Report F-96-16, Cheque No. 219708 and Communication No.
65, because they are employed by the Niagara South Board of Education.
Alderman Fisher indicated a pecuniary interest on By-law No. 96-55 and 96-
56, because she resides in the area; indicated a pecuniary interest on OPA No. 17
because she owns property in the Satellite District,' and indicated a pecuniary
interest on Report CD-96-21, because she is a member of an organization that
operates a bingo.
Alderman Pietrangelo indicated a pecuniary interest on Report F-96-16,
Cheque No. 219725 because the recipient is his employer.
Alderman Campbell indicated a pecuniary interest on OPA No. 17, because a
member of his family is employed by the Skyion Tower.
Alderman Susin indicated a pecuniary interest on OPA No. 17, because he
holds mortgages on property in the River Road area; and indicated a pecuniary
interest on Report CD-96-21, because members of his family are involved with an
organization that deals with bingos.
Alderman Craitor indicated a pecuniary interest on Report CD-96-21, because
he is involved with an organization that deals with bingos; indicated a pecuniary
interest on Resolution No. 20, because the Federal government is his employer,' and
indicated a pecuniary interest on Report F-96-16, Cheque Nos. 219911; M91268;
219578; 219664 and 219758 because his spouse is employed by the Region.
Alderman Cummings indicated a pecuniary interest on Report CD-96-21,
because he is involved with an organization that deals with bingos.
Alderman Ward indicated a pecuniary interest on Report F-96-16, Cheque No.
219834 because a member of his family is employed by the company.
His Worship Mayor Thomson indicated a pecuniary interest on OPA No. 17
because a member of his family has a lease on the development.
-2 -
PRESENTARONS
Business Showcase Award
Mr. George Waters, Chairman, Business Development Advisory
Committee provided a brief history of Simon's Restaurant 112-year history in
Niagara Falls and their contribution to the economic growth of the community
through their accomplishments and involvement in the community.
His Worship Mayor Thomson presented the Niagara Falls Business
Showcase Award to Pat and Rosa Simon, from Simon's Restaurant,' and thanked
them on behalf of the City for their long standing commitment to the community.
PLANNING MATTERS
PD-96-25 - Chief Administrative Officer- Re: Official Plan Amendment No. 17,
New Official Plan Tourism Po~cies and Related Land Use Designation Changes.
The report recommends the following.'
That Council approve Official Plan Amendment No. 17 which will provide a
visionary planning framework for tourtam growth and development;
That the comments received by those having an expressed interest in the
City's tou~sm planning initiatives be addressed int he amendment provided
that they are minor in nature and in keeping with the intent of the policies,'
That any requested modifications which are significant in nature and contrary
to the intent of the policies be addressed at a further public hearing subject to
proper notice being given;
That staff be directed to prepare the implementing by-law necessary for
Councirs adoption of Official Plan Amendment No. 17 incorporating minor
policy modifications as per recommendation 2.
- AND -
Communication No. 62 - Hynde Paul Associates. The communication requests
permission to speak at the Public Meeting in order to make the proper
representatiop to Council concerning the Special Policy Area land use treatment for
the HoCo site.
Communication No. 63 - George Yerich, SkyIon Tower. The communication
requests that the proposal be deferred for proper study and input by the affeuted
businesses and land owners.
The following have provided comments on the proposed Niagara Falls Official
Plan Policy - Tourist Commercial: Communication No. 64a) - Niagara Parks
Commission - Re: Queen Victoria Park area; Communication No. 64b) - Friends
of Lundy's Lane Battlefield.- Re: Lundy's Lane Battlefield; Old Drummondvilla area;
Communication No. 64c) - Sullivan, Mahoney- Re: Marineland of Canada;
Communication No. 64d) Ameri-Cana Resoume & Conference Centre - Re:
Lundy's Lane area; Communication No. 64e) Sign-in-Sheet and Public Comments
on the Official Plan - Tourism Policies; Communication No. 64f) The Regional
Municipality of Niagara - Re: Application to amend Official P/an; Communication
No. 64g) Regional Niagara, Planning & Development Department;
Communication No. 64h) Pepper. Weberg Management Company Ltd. - Re:
Resort Commercial designation.
- 3 -
His Worship Mayor Wayne Thomson relinquished the Chair due to a conflict of
interest previously noted.
Alderman Gary Hendershot assumed the Chair.
Acting Mayor Gary Hendershot declared the Pubtic Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Pubtic Meeting had been sent to
specific agencies on February 13, 1998 and advertised in the local newspapers on
February 14, 1996.
Acting Mayor Gary Hendershot received a positive response to his request
for a show of hands by persons present who were interested in the application, He
requested that aft persons wishing to receive further notice of the passage of the by-
law submit their names and addresses to the Clerk prior to leaving the meeting; and
advised that failure to make oral or written submissions at the Council meeting could
result in the dismissal of the case at a future Ontario Municipal Board hearing.
The Director of Planning and Development provided a brief history and an ..
overview of the P~oposed Official Tourism Master Plan Policies; through the use of
slides reviewed The Goals and Purpose of the Official Plan Policies; the Market
Objectives; the Planning Objectives; the Lands Affected by this Policy - Tourist
Commercial; Theme Park - Marineland,' Resort Commercial,' the Roles and
Functions; the Building Heights; the View plane Analysis; and the Transportation
Systems.
There was a positive response to Acting Mayor Gary Hendershors request for
comments from persons, other than the applicant or his agent, in support of, or
opposed to the app~cation.
Mr. Harry Oakes, HoCo Ltd. referred to the participation in the Draft Tourism
Official Plan Policies and provided a sketch of a master plan for the development of
a 31 acre property located at Cfifton Hill and Queen Victoria Park.
Mr. Oakes introduced Mr. John Robulac, who provided information on the
design of the HoCo development,' identified the process in order to isolate the image
of the view plane; and landscaping aspects of the development through posted
sketches.
Mr. Grog Hynde, Director of Planning, Hynde Paul Associates, discussed
the hotel/entertainment and retail components of the development,' indicated that the
OPA 17 plan had split the 31 acres property in half and had given different/and uses
to one half of the property and different/and uses on the other half of the property,'
stated that in order to get a co-ordinated theme for the site, that consideration be
given to a Special Policy Area designation to be assigned in OPA~ 7 in order to
identify the height exemption.
The Director of Planning and Development responded that Council could
consider an exemption of a specific area at a future pubtic meeting.
Mr. Rick Brady, Consultant, Niagara Parks Commission, referred to the
involvement of the Niagara Parks Commission in the development of the Tourist
Commercial portion of the Niagara Falls Official Plan and expressed appreciation to
staff of their professional commitment to the matter,' indicated that the Niagara Parks
Commission supported the overall policies in OPA ~ 7; referred to future
development; building heights and policies of the Niagara Parks Commission.
Mr. Dante MarineIll, Solicitor, on behalf of Sheraton Fallsview, discussed
the issue of building height and referred to item No. 3 in the Recommendation
Report which stated that "any requested modifications which are significant in nature
and contrary to the intent of the policies be addressed at a further public hearing
subject to proper notice being given" and urged members of Council to approve the
recommendation report.
The City Solicitor referred to the specific height requirements and indicated
that Council could make minor modifications and pass the Official Plan Amendment
this evening and that the various proponents of other proposals could apply
individually; he further suggested that the matter could be deferred rather than pass
the amendment this evening, in order to be fair to all affected parties.
Mr. Rich Dritsacos, expressed concerns on whether special recognition or
provision would be given to other developers.
Mr. Stuart Ellis, Solicitor, SkyIon Tower, advised that his clients were
opposed to OPA 17 as it affected their property; discussed the issue of height
restrictions and the view plane; and urged Council to defer the matter for proper
study and input by the affected individuals.
Mr. Tom Richardson, Solicitor, Marineland, discussed the policies of the
Tourist Commercial Section; referred to minor modifications to the policies that
those lands owned by Marineland located on the west side of Stanley Avenue also
be designated from industrial to Theme Park - Marineland designation.
Mr. Doug Birrell, Canadian Niagara Hotels, requested clarification that their
property would not be affected by the view plane and the Director of Planning and
Development provided clarification on the matter.
Ms. Win Valiquette, Lundy's Lane Association, expressed concerns
regarding the 3 storey height restrictions on Lundy's Lane and indicated that this
would be a deterrent to future improvements in the area; and requested that the
Lundy's Lane area be included in the area of more than 6 storey development.
Ms. Letitia DeBellonia, Ameri-Cana Resort & Conference Centre,
expressed concerns regarding the proposed height restriction of three stodes;
stated that the current four storey by-law should be maintained or updated to 1996
standards; indicated that the policy plan limits the boundaries of the City. She
advised that the Lundy's Lane area selves as an entrance to the city from other
areas of the Region and is a vital element to the tourism industry; and requested that
the tourism plan be reviewed as it applies to Lundy's Lane and put forth an
amendment that would allow for future development at nodal locations that have
adequate depths for six story developments.
Mr. Ron Yorke, Chairman, Visitor and Convention Bureau, offered the
services of the Bureau if Council decided to defer the matter.
Ms. Kim Bubnick, Friends of Lundy's Lane Battlefield and Friends of
Historic Drummondvilla, expressed concerns regarding the lack of direction for the
area between the Central Tourist District and the Lundy's Lane.Satellite District; and
requested that the following matters be addressed: the extension of the pedestrian
walkway system; the provision of more greening in the He~tage District and the
issue of appreplfate signage in the area.
Mr. Victor Harris requested that consideration be given to the north end of
Victotfa Avenue to cleaning up the area with some landscaping.
- 5 -
Since no further comments were forthcoming, Acting Mayor Gary Hendershot
declared the Public Meeting with regard to OPA No. 17 New Official Plan closed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings,
that the matter be deferred for 90 days in order to allow for additional input. The
motion Carried with Aldermen Orr, Pietrangelo and Volpatti voting contrary to the
motion; and Aldermen Campbefl and Susin abstaining from the vote on conflicts of
interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the communications be received and filed. Carried Unanimously.
His Worship Mayor Thomson resumed the Chair.
PD-96-27 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-29/95, Rose City Plaza Limited. The report recommends the
following:
That Council approve the subject application:
To permit the development of a 27,513 sq. ft. commercial plaza on the lands
frenting on Portage Road and place a site specific General Commercial (GC)
zone on these lands that will limit the amount of retail space to 22,000 sq. ft.;
To p/ace a Residential Low Density Grouped Multiple (R4) zone on the/ands
fronting on Orlando Drive to permit the development of multiple unit housing.
- AND-
Communication No. 65 - Niagara South Board of Education.
advises as not being in a position to object to the application.
The communication
Communication No. 66 - Regional Niagara, Planning and Development
Department. The communication advises as having no objection to the approval of
this application.
Communication No. 67 - Micki and Gary Green, 3727 Orlando Drive. The
communication advises as not being in support of the application.
Communication No. 68 - Mr. Allen R. Goar, Group 2 Development Limited. The
communication requests that the maximum size of the retail commercial units be
limited to 2,500 square feet; and that "non retail space" be defined in the by-law as
to what uses that actually permits.
His Worship Mayor Wayne Thomson declared the Public Meeting open and
read the procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by mailing on March 4, 1996.
His Worship Mayor Thomson received indication that Mr. Frank Commisso,
was in attendance on behalf of the developer and received a positive response to
his request for a show of hands by persons present who were interested in the
application, He requested that all persons wishing to receive further notice of the
passage of the by-law submit their names and addresses to the Clerk prior to
leaving the meeting,
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a
future Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property
with the assistance of posted sketches and reviewed the following information
included in Technical Report No. PD-96-20; Nature of the Amendment; Background;
Official Plan - Commercial/Retail Component; Residential Component; Zoning By-
law and Requested Amendments - Commercial Component; Residential Component;
Physical Assessment - Commercial Component; Residential Component; Site Plan
Control and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments
from persons, other than the appficant or his agent, in support of the application, and
a positive response to those opposed to the application.
Ms. Karen Schram, 3794 Orlando Drive, expressed opposition to the
proposal and indicated there did not seem to be enough area for townhouse units,
with no yards and no green space.
Mr. Gary Green, 3727 Orlando Drive, expressed his concerns regarding
noise emitted from transport trucks; the close proximity of the garbage compactor to
the property lines; and the limited access for delivery trucks.
Mr. Frank Commisso, President, Rose City Plaza Limited, advised that
discussions had been held with the residents regarding fencing, landscaping and
the placement of trees; referred to the expansion of the plaza; indicated that they are
prepared to do substantial greening; build fences and buffer zones along the back of
the property to separate the commemial from the residential areas. Mr. Commisso
responded to concerns with respect to truck noise and activity in the receiving area
and indicated that he would be willing to meet with the neighhours to address their
concerns.
It was moved by Alderman Volpatti, seconded by Alderman Ward, that
approval be granted to proceed past 11 P.C. The motion Carried with Aldermen
Campbell, Orr and Puttick voting contrary to the motion and with all others voting in
favour.
Mr. Rominoff, Architect, provided information on the proposed plaza
development and landscaping; and responded to concerns regarding the "turning
radius" of truck vehicles; traffic concerns and the type of housing in the area.
Mr. Jim Gale, 3707 Orlando Drive expressed concerns with respect to the
appearance of the rear of the Commisso building facing the residential areas.
Since no further comments were forthcoming, His Worship Mayor Thomson '
declared the Public Meeting with regard to AM-29-95 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the report be received and adopted. The motion Carried with
Aldermen Campbell, Janvary and Pietrangelo abstaining from the vote on conflicts of
interest previously noted; and Aldermen Orr and Janvary voting contrary to the
motion and with all others voting in favour,
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the communications be received and filed. Carried Unanimously.
- 7 -
MISCELLANEOUS PLANNING MATTERS
PD-96-2f . Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval, Beaver Valley; 26T-90022. The report recommends the following:
1. That a Council resolution supporting a one-year extension to the Beaver
Valley Draft Plan of Subdivision be adopted conditional in the applicant
submitting a photograph to the Region showing the appropriate subdivision
sign on the property which complies with Municipal and Regional
requirements;
That a copy of this report and the Council resolution be forwarded to the
applicant and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor ,
the report be received and adopted. Carried Unanimously.
that
PD-96-22 - Chief Administrative Officer - Re: Request for Extension to Draft
plan Approval; Carol Subdivision Extension 26T-88035 (Revised). The report
recommends the fqllowing:
That a Council resolution supporting a one-year extension to the Carol
Subdivision Extension Draft Plan of Subdivision be adopted conditional on the
applicant maintaining the appropriate subdivision sign on the property which
complies with Municipal and Regional requirements;
2. That a copy of this report and the Council resolution be forwarded to the
applicant and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
PD-96-23 - Chief Administrative Officer - Re: Amendment to Part Lot Control
Approval, Lots 94 & 95, f05 to f09, Registered Plan 59M-f29 Cortina Crescent.
The report recommends the following:
1. That Council pass the appropriate by-laws to designate Lots 94-95 and 105-
109, Registered Plan 59M-f29, as exempt from Part Lot Control for the use of
single detached dwellings;
2. That the developer be required to notify the City when the separate deeds
have been registered in order for the by-law to be repealed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
· Pietrangelo, that the report be received and adopted. Carried Unanimousl_y~..
,See B_y-law 96-61
See B~/-law 96-62
PD-96-24 - Chief Administrative Officer - Re: Request for Removal of part Lot
Control; 8078/8080 Post Road, Lot 25, Registered Plan 59M-78. The report
recommends the following:
That Council approve the application and pass the appropriate by-law to
designate Lot 25, Registered Plan 59M-78, as exempt from part Lot Control;
That the applicant be required to notify the City when the separate deeds
have been registered in order for the by-law to be repealed,
'8-
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo , that the report be received and adopted. Carried Unanimously.
See By-law No. 96-57
PD-96-26 - Chief Administrative Officer o Re: LACAC Report, Request to amend
By-law 78-23, being a By-law to designate 3360 St. Patrick Avenue as a
Property of Architectural Value and Historic Interest. The report recommends the
following:
1. That Council approve the amendment to remove certain lands from Schedule
A of by-law 78-23 as outlined in this report;
2. That staff be directed to proceed with the necessary pubtic notice and by-law
preparation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the report be received and adopted. Carried Unanimously.
UNFINISHED BUSINESS
CD-96-21 - Chief Administrative Officer- Re: Municipal Bingo Calendar
Reduction of Saturday Late Night Bingo. The report recommends the following.'
That the Saturday late night time slot, currently operating at one event during
the trial period, become one event petTnanentiy;
That the event calendar be amended to reflect these changes.
Ms. Carol Jones, Monte Carlo Bingo Association, expressed concerns
regarding staffs be~ef "that it was not within our mandate to determine which
organization should maintain their bingos based on their profitability over another
organization operating in the same time slot",' referred to the issue of "profitability";
questioned whether the matter was a market issue or a business issue; compared
the financial figures for the Optimist Club and the number of events that had been
run.
Mr. John L. den Ouden, Air Force Association, referred to the amended
income statement which he had distributed to members of Council; expressed
concems regarding the reduction of the Saturday Late Night Bingo and of the
consequences to the group; he discussed the issue of profitability and the exclusion'
of "Super Jackpot" figures in the staff report and that the Super Jackpot pot
accounts for one third of the income of the events; stated that the trial period of
operating one event has not worked and requested that the Saturday Late Night time
slot be reinstated to two events.
Mr. Carl Gunn, Optimist Club, requested that staff look at the estimate for
the total number of bingos which was over one third of the revenues of the Optimist
Club.
Mr. Luciano Artista, Italo Canadian Centennial Club requested that Council
approve the recommendations of the report.
The Lottery Licence Inspector provided clarification on the comments made
and stated ~at there was a profit being made by both charities when there was one
event; ~at ~is was a market issue and that both charities were making reduced
profits. She advised that the Super Jackpots had not been included because the
issue was not how much revenue was generated by Super Jackpots or whether the
Super Jackpot would subsidize a loss in the existing bingo, but whether or not it was
feasible to have two events during that time slot. The Lottery Licence Inspector
stated that to put the situation back to the ~994 levels with two events, with I charity
running at a loss would not be feasible.
Following further discussion, it was ORDERED on the motion of Alderman
Campbell, seconded by Alderman Pietrangelo, to reinstate the Saturday late night
time slot to two events. The motion Carried with Aldermen Creitor, Cummings,
Fisher and Susin abstaining from the vote on conflicts of interest previously noted
and with a~ others voting in favour.
Alderman O~ ~ the meet~g.
COMMUNICATIONS
Communication No. 69 - Niagara District Council Boy Scouts of Canada - Re: ;
Apple Day '96. The communication requests Council permission to held "Apple
Day" in 1996 on October 25 and 26, 1996.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti ,
that the request be approved. Carried Unanimously.
Communication No. 70 - Canadian Red Cross - Re: Proclamation. The
communication requests that Council proclaim 1996 as "Red Cross Centennial Year"
in the City of Niagara Falls.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor ,
that the request be approved subject to established policy. Carried Unanimously.
Communication No. 7f - Crossroads Television System (CTS) - Re:
Establishment of a 24.hour television station. The communication requests that
Council support the application of the Cressroads Television System for a new 24-
hour television station based upon the provision of non-violence and value-based
television service.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the communication be received and filed. The motion Carried with
Alderman Janvary voting contrary to the motion and with a~ others voting in favour.
Communication No. 72 - White Horse Carriages - Re: Horse drawn Carriage
Service. The communication requests Counc~ approval to proceed with a horse
drawn carriage service for weddings, anniversaries, parades and other special
-. occasions within the municipality of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the request be approved. Carried UnanimousIv.
Communication No. 73 - The Optimist Club of Niagara Falls, Inc. - Re: Financial
assistance. The communication requests financial assistance in providing food to 20
Cadets and six officers from Bermuda during April 6 to 14, 1996; and requesting
permission to have the cadets attend a Council meeting during their stay.
ORDERED on the motion of Alderman Volpatti , seconded by Alderman Campbe~,
that the matter be referred to the Visitor and Convention Bureau to see if one of the
members could provide assistance to the group and that the communication be
received and filed. The motion Carried with Alderman Cummings voting contrary to
the motion and with a~ others voting in favour.
10-
Communication No. 74 - Cliff Hughes, 9182 Biggar Road, R.R. I - Re: Ward
System Review. The communication suggests the provision of a municipal directory
to the public.
Alderman Kim Craitor advised that through discussions held at the ward
meetings, the matter was brought to his attention. It was suggested that the
provision of an information card be provided to the public.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that
the matter be referred to the Niagara Falls Hydro Commission with regard to the
distribution of a municipal directory along with the hydro bills. Carried Unanimously
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that the actions taken on the following matters by Community Services
Committee, earlier this evening, be approved:
Adoption of the Minutes of the March 4, 1996 Community Services
Committee meeting;
CD-96-16 - Closure of Walkway between Tad Street and Westwood Street -
that the walkway between Tad Street and Westwood Street be closed;
MW-96-47 - Buildings & Inspections Report for the Month of February, 1996 -
that the building Division Report for February, 1996 be received and filed;
MW-96-50 - Phase II Mewburn Road/Concession 6 Watermain (CNR to Hwy.
405) - Municipal Agreements & Cost Sharing Agreements - that the Tri-Party
Agreement between Niagara Falls, Niagara-on-the-Lake, and the Region
concerning the provision of municipal water across the municipal boundary
(including the by-law); and that a Cost Recovery Agreement between Niagara
Falls and Niagara-on-the-Lake; and that Cost Sharing Agreements with
Niagara Falls property owners all be authorized for execution;
MW-96-53 - Building Safety Week - that the week of April 7th to 13th, 1996 be
proclaimed as "Building Safety Week" and that the placing of an information
booth and exhibit at Niagara Square, the Home Show, the Library and City
Hall be endorsed;
MW-96-54 - Tee Creek Update Report - Rural Watemourse Drainage
Improvements - that the Tee Creek Update Report be received and filed;
MW-96-56 - Licence Agreement with Ontario Hydro - Snow Dumping Facility -
that the City of Niagara Falls enter into a Licence Agreement with Ontario
Hydro for t he provision of a snow dumping facility for the sum of $2,000.00
plus G.S. T.;
R-96-15 - Annual Planning Report for Parks, Recreation and Culture - that the
Annual Planning Report for Parks, Recreation and Culture be received for
information;
11
R-96-16 - Sherway Tennis Club - that Sherway Tennis Club be informed that
the City of Niagara Falls does not have tennis courts which are suitable for
enclosing (bubbled) for purposes of indoor or year round tennis; and that they
also be informed that a copy of their letter was forwarded to the Niagara Falls
Badminton and Tennis Club for their consideration;
10. Verbal Item: Pumhase of Used Sewer Flusher/Catchbasin Cleaner -
11.
New Business:
Municipal Statutory Reform Against Nuisance & Liability Claims/Lawsuit
Protection - that staff provide a report on the issue of lawsuit protection;
Commissioning of Affidavits - that staff provide a report on the seNices
provided by the City with respect to Commissioning of Affidavits.
City Representative - Humane Society Board - that the resignation of Mr. Alex
Glen from the Humane Society Board of Directors be accepted; and that Mr.
Garrett Lacey be appointed in his place - Opposed: Aldermen Campheft and
Susin.
The motion Carried with Aldermen Campbell and Susin voting contrary to the motion'
with regard to the Humane Society matter and with all others voting in favour.
MW-96-49 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations February 27, 1996 Meeting. The
report recommends the following:
MW-96-34 - Kitchener St. at Desson Avenue - All Way Stop Request - that an
all way stop be installed at the intersection of Kitchener St. and Desson Ave.
for a siX-month trial period and staff report back to the Committee;
MW-96-24 - School Bus Parking on Residential Streets - that special parking
privileges not be granted to school bus drivers;
MW-96-25 - "Mothers-to-be" Designated Parking Spaces on Private Property -
that the "Mothers-to-be" parking spaces allocated on private property within
City of Niagara Falls be considered as a courtesy gesture on the part of the
establishment and that enforcement of these signs not be carried out by the
municipality;
4. MW-96-35 - Dock Street - Parking Review - that parking remain prohibited On
the east side of Dock St. from Main St. to We/land Ave. at all times.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously..
See By-law No. 96-63
MW-96-51 - Chief Administrative Officer- Re: Dust Control Tender. The report
recommends that staff be authorized to purchase approximately 350 tonnes of
Temblind at a cost of $95,23 per tonne, taxes included,
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that
the report be received and adopted, Carried Unanimously,
MW-96-57- Chief Administrative Officer- Re: Contract No. 96.127-94; Clifton Hill
& Falls Avenue BIA Improvements. The report recommends the following:
That the Clifton Hill BIA approve their estimated share of the project and their
conhYbution same;
12 -
2. That Ministry of the Environment & Energy approval is received.
ORDERED on the motion of Alderman Hendershot , seconded by Alderman
Cummings, that the report be received and adopted. Carried Unanimously.
See By-law No. 96-51
MW-96-58 - Chief Administrative Officer- Re: Contract 96-128-95; Ferry Street
Streetscaping, Victoria Avenue to Stanley Avenue & McGra~ Avenue
Reconstruction. The report recommends that the unit prices submitted by the low
tenderer, Hard Rock Paving Company Ltd. be accepted and the by-law be passed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously,
See By-law No. 96-53
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the actions taken on the following matters by Finance Committee, earlier this
evening, appmved:
Adoption of the February 26, 1996 Minutes of the Finance Committee
meeting;
2.
FC-96-07 - The 1996-2000 Capital Construction Budget - that the 1996-2000
Capital Construction Budget be approved and further that staff contact the
local Member of Parliament regarding the financing of the Bender Hill Project -
Alderman Susin noted a conflict of interest respecting projects MW96-2 and
MW97-1; Aldermen Volpatti and Orr voting contrary to Report FC-96-07;
Alderman Susin voting contrary to Project MW96-8;
3. FC-96-08 - 1995 Transfers to Reserves - that the report be appmved;
FC-96-09 - 1996 Water Budget and Water Rates - that the report be
approved;
FC-96-10 - Assessment of Vacant Land - that the report be received for
information;
FC-96-0~ - Statement of Remuneration and Expenses for Members of Council,
Committee of Adjustment and Recreation Commission - that the report be
received for information;
Correspondence from the Niagara Falls Volunteer Bureau m: Volunteer
Academy Awards - that the correspondence be received and filed.
The motion Carried, with Alderman Susin abstaining from the vote on a conflict 'of
interest respecting projects MW96-2 and MW97-1; Aldermen Volpatti and Orr voting
contrary to Report FC-96-07 with regard to the Bender Hill item; and Alderman Susin
voting contrary to Project MW96-8 and with all others voting in fav.our.
F-96-15 - Chief Administrative Officer- Re: Survey of Food Banks. The report
recommends that the report is for the information of City Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti ,
that the report be received and filed for the information of Council; and further that
organizations. CartYed Unanimously.
13 -
F-96-f6 - Chief Administrative Officer- Re: Municipal Accounts, The report
recommends that the accounts totalling $19,694, 151.38 for the period ending March
25, 1996 be approved by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher,
that the report be received and adopted. The motion Carried with Aldermen Craitor,
Campbell, Hendershot, Janvary and Pietrangelo and Ward abstaining from the vote
on conflicts of interest previously noted and with a~ others voting in fayour.
See By-law 96-64
CA0-96-04 - Chief Administrative Officer- Re: Niagara Ad Hoc Committee on
Municipal Reform. The report recommends the fo~owing:
That Council authorize staff to participate with the Region's Ad Hoc
Committee on Municipal Reform with Phase 1 of their study, as outlined in the
Terms of Reference (attached);
2. That Council provide direction to staff as to which option Council would like to
pursue regarding Phase 2.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot 6,
that Council approve the recommendation as per Phase I and that the City's '
participation be limited to the Chief Administrative Officer or the Director of
Community Services to attend meetings and obtain information and report to Council
as per Phase II. Carried Unanimously.
CD-96-19 - Chief Administrative Officer- Re: Minutes of Special Meeting of
Council dated June 8, 1994. The report recommends that Council authorize the
amendment to the minutes of the June 8, ~994 Special Meeting of Council, as
outlined in the report.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary , that
the report be received and adopted. Carried Unanimously.
CD-96-20 - Chief Administrative Officer- Re: Registration of Exotic Pets. The
report recommends that the information contained in this report be received for the
information of Council.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that
the report be received and filed for the information of Council. Carried Unanimously.
RESOLU~ONS
NO. f9 - VOLPATTI - CAMPBELL - RESOLVED that Alderman Shirley Fisher and
Alderman Ward be appointed Council representatives to sit on the Board of the
Chippaws Business Association for the 1996-1997 term.
AND The Seal of the Corporation be hemto affixed.
Carried Unanimously
NO. 20 - JANVARY- PIETRANGELO - WHEREAS the Federal Government has
implemented a series of measures through legislation to reduce the size of the
federal Public Service; and WHEREAS the plan is to eliminate 45, 000 Federal
Public Service positions by 1997; and WHEREAS many local Federal services have
been eliminated or relocated elsewhere in the Region; and WHEREAS after April 1st
them will no longer be a location in Niagara Falls for Seniors to make applications
for Old Age pension; and WHEREAS the relocation adversely affects a group of
people who, in many cases, lack the mobility to access these services.
- 14-
THEREFORE BE IT RESOLVED that it is unacceptable that the second largest
Municipality in the Region of Niagara has no outlet for offering an essential service
to its Seniors; and FURTHER BE IT RESOLVED that the Niagara Falls City Council
opposes the elimination of Federal services in the City, especially those that
adversely affect vulnerable groups; and FINALL Y BE IT RESOLVED that the
Niagara Falls City Council call upon the local member of Parliament to ensure that
there be an outlet for local Seniors to make applications for Old Age pension without
having to leave the City.
AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Craitor abstaining from the vote on a
conflict of interest previously noted and with aft others voting in fayour.
NO. 21 - CRAITOR - SUSIN - WHEREAS the Market Value Assessment has been
implemented in the Regional Municipality of Niagara on a Regional basis for the first
time as of January 1, 1996; and WHEREAS the Assessment Ro~ for the City of
Niagara Falls, as well as all other area municipalities have not been returned, thus
not allowing ratepayers the opportunity to compare their assessments to other
comparable properties; and WHEREAS the large number of ratepayers seeking
assessment information at the Open Houses created a situation that did not allow
the assessors in attendance to deal with the requests which resulted in ratepayers
being advised by those assessors to file an assessment appeal; and WHEREAS this
situation is unique to an initial return of assessment under Regional Market Value.
NOW THEREFORE BE IT RESOLVED that the Ministry of the Attorney General
instruct the Assessment Review Board to waive all filing fees for Assessment
Appeals resulting from a municipality implementing Market Value Assessment for the
first time;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
96-49
96-51
96-52
96-53
ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo,
that leave be granted to introduce the following by-laws and the by-laws be read a
first time:
A by-law to amend By-law 91-40, being a by-law to establish an Arts
and Culture Commission.
A by-law to authorize the execution of an Agreement with Stevensville
Lawn Service Inc. respecting BIA improvements at CliRon Hill and Falls
Avenue.
A by-law to authorize the execution of an Agreement between The
Regional Municipality of Niagara, The Corporation of the Town of
Niagara-on-the-Lake and The Corporation of the City of Niagara Falls
conceming the provision of municipal water across the municipal
boundary.
A by-law to authorize the execution of an Agreement with Hard-Rock
Paving Company Limited respecting streetscaping on Ferry Street,
Victoria Avenue to Stanley Avenue and McGrail Avenue reconstruction
from Ferry Street to Spring Street.
A by-law to authorize the execution of a Subdivision Agreement with
Pinewood Homes (Tara) Ltd. respecting the Mount Carreel Villas
Subdivision,
-15-
96-55
A by-law to authorize the execution of an Subdivision Agreement with
Queensway Chippaws Props. Inc. respecting the Chippawa West
Subdivision (Phase 1).
96-56
A by-law to amend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended and By-law
No. 79-200, as amended.
96-57
A by-law to designate certain land not to be subject to part lot control
(Re: PD-96-24)
96'58
A by-law to authorize the execution by the Mayor and Clerk of a Quit
Claim Transfer/Deed for the purpose of satisfying a requirement under
an Offer to Sell from Carol May Holman.
96-59
96-60
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for the purpose of selling the property, municipally
known as 4624 Queen Street, Niagara Falls, to Anthony Petti, in trust.
A by-law to authorize the execution of a Licence Agreement with
Ontario Hydro for the provision of a snow dumping facility for the sum
of $2,000.00 plus G,S.T. (Re: MW-96-56)
96-61
A by-law to amend By-law No. 93-187, being a by-law to designate
certain lands not to be subject to part lot control. (Re: PD-96-23)
96-62
A by-law to designate certain lands not to be subject to part lot control.
(Re: PD-96-23)
96'63
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads (Stop Signs, Through Highways)
96-64
A by-law to authorize monies for General Purposes (Mamh 25, 1996)
The motion Catfled with Alderman Susin abstaining from the vote on By-law No. 96-
56 and Aldermen Campbell, Craitor, Hendershot, Janvary, Pietrangelo and Ward
abstaining from the vote on By-law No. 96-64 on conflicts of interest previously noted
and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the following by-laws be now read a second and third time:
96-49
A by-law to amend By-law 91-40, being a by-law to establish an Arts
and Culture Commission.
96'51
A by-law to authorize the execution of an Agreement with Stevensvi/le
Lawn Setvice Inc. respecting BIA improvements at C/iRon Hill and Falls
Avenue.
96-52
A by-law to authorize the execution of an Agreement between The
Regional Municipality of Niagara, The Corporation of the Town of
Niagara-on-the-Lake and The Corporation of the City of Niagara Falls
conceming the provision of municipal water across the municipal
boundary.
96'53
A by-law to authorize the execution of an Agreement with Hard-Rock
Paving Company Limited respecting streetscaping on Ferry Street,
Victoria Avenue to Stanley Avenue and McGrall Avenue reconstruction
from Ferry Street to Spring StreeL
- 16
96-54
A by-law to authorize the execution of a Subdivision Agreement with
Pinewood Homes (Tara) Ltd. respecting the Mount Carmel Villas
Subdivision.
96-55
A by-law to authorize the execution of an Subdivision Agreement with
Queensway Chippawa Props. Inc. respecting the Chippawa West
Subdivision (Phase 1).
96-56
A by-law to amend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended and By-law
No. 79-200, as amended.
96-57
A by-law to designate certain land not to be subject to part lot control
(Re: PD-96-24)
96-58
A by-law to authorize the execution by the Mayor and Clerk of a Quit
Claim Transfer/Deed for the purpose of satisfying a requirement under
an Offer to Sell from Carol May Holman.
96'59
96-60
96-61
96-62
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for the purpose of selling the property, municipally
known as 4624 Queen Street, Niagara Falls, to Anthony Petti, in trust.
A by-law to authorize the execution of a Licence Agreement with
Ontado Hydro for the provision of a snow dumping facility for the sum
of $2,000.00 plus G.S.T. (Re: MW-96-56)
A by-law to amend By-law No. 93-187, being a by-law to designate
certain lands not to be subject to part lot control. (Re.' PD-96-23)
A by-law to designate certain lands not to be subject to part lot control
(Re: PD-96-23)
96-63 A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads (Stop Signs, Through Highways)
96-64 A by-law to authorize monies for General Purposes (March 25, 1996)
The motion Carded with Alderman Susin abstaining from the vote on By-law No. 96-
56 and Aldermen Campbell, Craitor, Hendershot, Janvary, Pietrangelo and Ward
abstaining from the vote on By-law No. 96-64 on conflicts of interest previously noted
and with all others voting in favour.
NEW BUSINESS
Letters of Condolence
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that
a letter of condolence be fonvarded to the family of the late Dick Rogers. Carried
Unanimously. . ·
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that
a letter of condolence be forwarded to the family of the late Alfred Didemus. .Carried
Unanimously,
17 -
Letters of Condolence
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that
a letter of condolence be forwarded to the family of the late James E. Konkle.
Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell,
that the meeting be adjourned. Carried Unanimously,
READ AND ADOPTED,
MAYOR WAYNE THOMSON
TENTH MEETING
COMMITTEE OF THE WHOLE_
Committee Room #2
April I, 1996
Council met on Monday, April 1, ~996 at 7:00 p.m. in Committee of the Whole.
All members of Council, with the exception of Aldermen Campbell and Ward, were
present. Alderman Victor Pietrangelo presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
did not rise to report.
READ AND ADOPTED,
'E ...........
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
April f, 1996
Council .met on Monday, April 1, 1996 at 7:30 p.m. for the purpose of
considering Regular Business. All members of Council, with the exception of
Aldermen Campbell and Ward, were present. Alderman Paisley Janvary offered the
Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of March 25, 1996 indicate his
conflicts of interest under Disclosures of Pecuniary Interests item.
... "ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the Minutes of the Regular Meeting of March 25, 1996 be adopted. Carried
"Unanimously
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Hendershot, Janvary and Pietrangelo indicated pecuniary interests
on Communication No. 77, Town of Newmarket, because they am employed by a
School Board.
Alderman Cummings indicated a pecuniary interest on Report F-96-fS,
Cheque Nos. M91401 and M91400, because a member of his family is employed by
the Region.
- 2-
A/den'nan Craitor indicated a pecuniary interest on Communication No. 82,
regarding licence fees for Nevada tickets, because he is involved with an
organization that deals with bingos; and indicated a pecuniary interest on Report
F-96-18, Cheque Nos M91401; M91400 because his spouse is employed by the
Region; and Cheque No. 220015 because he sits on the Board as a volunteer
member.
Alderman Pietrangelo indicated a pecuniary interest on Report PD-96-28,
because a member of his family resides next door to the property.
DEPUTATIONS
Multi-Purpose Facility Feasibility Study
Mr. George Yerich, Sr., Chairman of the Steering Committee,
acknowledged the committee members, Mr. Ron Yorke, Mr. Ron Buffett, Mr. Murray
Johnston, Mr. Don t441son, Mr. Robert Sacks and Mr. Tony Zappittefi for all the
efforts they had put forward; advised that the study had been funded by the Ministry
of Culture and Tou~sm; Tourism Canada and the City of Niagara Falls at a total cost
of $90,000; stated that the objectives of the study were to deterrain the demand and
economic viability of such a facility; whether it was an appropriate facility concept;
potential sites and relevant costs; and to assess its social, economic and
environmental impact; to investigate the benefits and enhancements both for Niagara
Falls and the Region. Mr. Ye~ch introduced Mr. Glenn Pincombe, Touristics, who
reviewed the Multi-Purpose Facility Feasibility Study through the use of slides and
discussed the Major Findings; the Cost of the Facility; the Cash Flow Analysis;
Ownership and Operating Options.
His Worship Mayor Thomson thanked Messrs. Yerich and Pincombe for their
presentations.
1996 Niatlara Super City Walk for Multiple Sclerosis
Ms. Belinda Yorke, 1996 Niagara Super City Walk Chair, provided
information-on the Second Annual Super City Walk for Multiple Sclerosis event,
which was being held on April 21, 1996 at the Optimist Club with 316 registered
walkers; she thanked Mayor Thomson and members of Council for their support
and participation in the evenL
Housinq Rebate Proarsm
Mr. Bill Waltere, Jr. addressed Council on behalf of the Builders Liaison
Committee and advised that since the inception of the program approximately 70
purchasers having committed to the purchase of a new homes;. indicated that this
translated to a 10% increase in the new home starts, and with 200 building lots
being serviced. He thanked Council and members of staff for getting the building
industry on track.
- 3 -
The Bethlehem Housincl Project of Niaaara
Mr. David Gifford, Development Officer, advised that the Bethlehem Housing
project offers safe and affordable housing, counselling, crisis intervention, goal
planning, support groups and lifeskills seminars to individuals who are escaping
abusive situations, recovering from an addiction or learning to be a good parent;
discussed the 7th Annual Direct Mail Fundraising Campaign entitled "You Can Make
A Difference" with Mr. Norris Walker as Campaign Chairman; thanked Mayor
Thomson and members of Council for the opportunity to address Council and
requested that Council proclaim April 9-15, 1996 as "Bethlehem Place Week" in
Niagara Falls.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
request be approved. Carried Unanimously.
Chi;pawa Business Association
Mr. Doug Embleton, President, Chippawa Business Association, provided
an update on the upcoming Chippawa Sumarrest events to be held on July 13, 1996;
and requested sponsors, volunteers and participants for the three day festival.
Mr. Embleton discussed the development of the waterfront area and the
preservation and revitalization program for the waterfront area and the public docks
in Chippawa.
Following some discussion, it was ORDERED on the motion of Alderman
Fisher, seconded by Alderman Hendershot, that Council approve, in principal, the
concept of a public dock along the Welland River in Chippawa; that staff gather
information regarding the costs and maintenance of such docks and that a public
consultation process be undertaken. The motion Carried with Alderman Cummings
voting contrary to the motion and with all others voting in favour.
During the discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Fisher, that staff bring back a report with respect to the
complaints and costs pertaining to the boat ramp at the end of Sodom Road.
Carried Unanimously.
Climb for Cancer
Alderman Gary Hendershot provided information on "Climb the Sky/on Tower
for Cancer" event, to be held on Saturday, April 13, 1996 and advised that the public
would have an opportunity to climb the tower which has 660 steps with a pledge of
$6.60 per person or $16.60 per family and invited everyone to attend.
Alderman Hendershot acknowledged a City resident, Mr. John VanWyk who
had raised $2,200 in pledges for the cancer campaign.
His Worship Mayor Thomson thanked Mr. VanWyk for all his efforts.
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COMMUNICATIONS
Communication No. 75 - National Access Awareness Week Committee - Re:
Proclamation. The communication requests that Council proclaim the week of May
27 - June 2, 1996 as "National Access Awareness Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the request be appreved. Carried Unanimously.
Communication No. 76 - Regional Niagara, Office of the Clerk - Re: Ontario
Municipal Support Program Grant credits. The communication requests that Council
support the Regional Municipality of Niagara petitioning the Province of Ontario to
give credit to Niagara for the additional savings to the Province "volunteered"
through program spending reductions and that this credit should be returned to
Niagara in the form of Ontario Municipal Support Program Grant credits in 1996 or
1997.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Pietrangelo, that the request be supported. Carded UnanimousIv.
Communication No. 77- Town of Newmarket - Re: Supplementary Assessment
Fees. The communication requests Council support a resolution objecting to the
supplementary fee charged back to area municipalities; and requesting that the
Province legislate the right for area municipalities to charge back the proportionate
fees to upper tier municipalities and School Boards; and that the Province review the
system to correct the inherent incentive in the system which discourages the
inclusion of properties in the annual return of the assessment role.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings,
that the request be supported. The motion Carded with Aldermen Hendershot,
Janvary and Pietrangelo abstaining from the vote on conflicts of interest previously
noted and with all others voting in favour.
Communication No. 78 - Blue Knight Travel & Tour Brokers - Re: Proposed
Liquor Establishments. The communication expresses concems and attaches a
petition regarding proposed liquor establishments in the downtown core.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that
the matter be referred to staff. The motion was Defeated with the following vote:
For: Aldermen Cummings, Fisher, Janvary, Volpatti and Puttick
Against: Aldermen Craitor, Hendershot, Orr, Pietrengelo, Susin and Mayor Thomson.
Following some discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Pietrengelo, that the communication be received
and filed. Carded Unanimously.
Communication No. 79 - Willoughby Congregational Christian Chumh - Re:
Maintenance of cemetery. The communication requests that the City take over the
ownership and maintenance of the cemetery adjoining the church.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that
the matter be referred to staff. Carded Unanimously.
Communication No. 80 - Chedoke-McMaster Hospitals Foundation - Re:
Proclamation. The communication requests Council proclaim May 3, 1996 as "Jeans
Day" in Niagara Falls.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpaffi,
that the request be appreved and that the matter be referred to Recreation
Committee. Carded Unanimously.
- 5 -
Communication No. 81 - Mr. Eber A. Pollard, P. Eng. - Re: Ontario Hydro. The
communication requests Council support his contention that Ontario Hydro belongs
to the people of Ontario and should not be sold.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that the
matter be received and filed. Carried Unanimously.
Communication No. 82 - Nancy Eidt - Women's Hospital Auxiliary of Greater
Niagara General Hospital - Re: Licence fee. The communication requests Council
consideration regarding the increase in the licence fee for Nevada tickets.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that
the matter be referred to staff. The motion Carried with Alderman Craitor abstaining
from the vote on a conflict of interest previously noted and with all others voting in
favour.
Communication No. 83 - Chamber of Commerce, Niagara Falls - Re: Local
merchants and street vendors. The communication requests Council consider the
following steps to alleviate the problems of street vendors: 1) schedule periodic
enforcement on week-ends, particularly holiday weekends; 2) increase cost of
licensing; 3) change the regulations so that the license is issued site specific and
goods specific; 4) applicant must have a letter of authorization from property owner.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, .that
the matter be referred to staff. Carried Unanimously.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that the actions taken on the following matters by Community Services
Committee, earlier this evening, be approved:
MW-96-60 - Purchase of One Used Sewer Flusher/Catchbasin Cleaner -that
City Staff be authorized to purchase a combination sewer ~usher/catchbasin
cleaner from C.M. Equipment (Ontario) Inc. at a cost of $180,000.00-
Opposed: Alderman Fermino Susin
2
MW-96-61 - Tender No. 5-96 - New Equipment Purchases - that the following
tenders be awarded (all low bidders and all total prices): two (2) mini-vans
from David Chev-Olds, Welland, Ontario for $42,149.80; and one (1) pick-up
truck from Autoland Chrysler, Ltd., Niagara Falls, Ontario for $19,728.25; and
one (I) 15,000 G.V.W dump truck from Hamilton Motor Products, Hamilton,
Ontario for $39,617.50; and one (1) 15,000 G.V.W. truck with utility body from
Cort Day's Nemeth Lincoln Mercury, St. Catharines, Ontario for $42,665.00;
and one (I) 4-wheel drive tractor (trackless sidewalk equipment) from Work
Equipment, Courtland, Ontario for $65,992.75;
Information Items:
Rainbow Bridge Left Turn - that information be received on the Rainbow
Bridge Left Turn.
Composter Truckload Sale - that information provided on the Composter
Truckload Sales scheduled for May 25th and May 26th be received;
Donation of Road Salt from Cytec Canada Inc. - that information on the
donation of read salt from Cytec Canada be received, and that a Council
resolution be forwarded to Cytec.
- 6-
The motion Carried with Alderman Susin voting contrary to the motion on Report
MW-96-60 - Pumhase of Used Sewer Flusher/Catchbasin Cleaner and with all
others voting in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that a letter of appreciation be forwarded to Cytec Canada Inc. for their
donation of road salt to the City of Niagara Falls. Carried Unanimously.
MW-96-59 - Chief Administrative Officer- Re: Tender N.P. 02-96 for the Supply
of Ready Mix Concrete. The report recommends that the supply of ready mix
concrete be awarded as outlined on the attached summary sheets.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pi'etrangelo,
that the report be received and adopted. Carried UnanimousIV.
MW-96-62 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations - March 26, 1996 Meeting. The
report recommends the following:
Huron Street Parking Problems - that the parking restriction located on the
south side of Huron Street, between Valley Way and Buckley Avenue, be
removed, for a one year period and following the one year period, staff report
back to the Committee;
MW-96-33 - O'Neil St. at Marlborough PI. - All Way Stop Request - that an aft
way stop control be installed at OWeil St. & Marlborough PI.;
MW-96-55- Crysler Avenue and Ellis St. - Proposed Parking Restrictions -
that 1) two hour parking be permitted on both sides of Crysler Avenue from
Morrison SL to Simcoe St. between the hours of 9:00 a.m. and 4:00 p.m.,
Monday through Friday; and 2) that two hour parking be permitted on both
sides of Ellis St. from St. Clair Ave. to Ontario Ave. between the hours of 9:00
a.m. and 4:00 pom., Monday through Friday.
MW-96-52 - Municipal Parking Lots - By-law 96-50 - that By-law 96-50, which
is a by-law for regulating, supervising and governing the parking of vehicles in
various municipal parking facilities, thereon and charging a fee for such
parking, appearing later on tonight's agenda, be approved;
5. L G.A.. - Dock Street, Chippawa, Request for Removal of "No Parking"
Restriction - that the "no parking anytime" zone established on Dock SL
adjacent to the entrance of the I.G.A. (Chippawa) grocery store be removed
and staff investigate alternative solutions to the parking problem.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo,
that the report be received and adopted. CanYed Unanimou~s~y.
See By-law No. 96-50
See By-law NO. 96-66
PD-96-28- Chief Administrative Officer-Re: Lyons Parkway;.Environmental
Impact Study. The report recommends the following:
That Council hire Garner Lee Limited to undertake the Environmental Impact
Study for Lyons Parkway;
That City staff inform the residents along Lyons Parkway of the City's
selection and costs of the study;
- 7 -
That City staff provide agreements to the residents which set out the manner
in which the costs of the study will be paid by the residents over time;
4. That once executed agreements have been received from the residents, the
City will formally allow Gartner Lee Limited to proceed with the study.
ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Alderman Pietrangelo
abstaining from the vote on a conflict of interest and with all others voting in favour.
FD-96-02 - Chief Administrative Officer- Re: Municipal By-law 80-114;
Designation of Private Roadways as Fire Routes, inclusion of Niagara South
Condominium f!44, 4230 Meadowvale Drive. The report recommends that Council
approve the request of Stamford Management Services acting as Property Manager
for the Condominium Corporation, to designate the private readway as a Fire Route.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the report be received and adopted. Carried Unanimously.
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti,
that the actions taken on the following matters by Finance Committee, earlier this
evening, be approved:
Adoption of the March 25, 1996 Finance Committee minutes;
FC-96-12 - Electronic Council Reporting - that the report be received for
information and that staff prepare a report detailing the present cost of
preparing an agenda;
FC-96-13 - Computer Equipment - that the Corporation purchase CDROM
equipment and software from Niagara Computes, as the lowest bidder on
Quotation #14-96, at a cost of $7,133.45 and an HP Netserver L.S. Server
from VAS Value Added Systems Inc. as the lowest bidder on Quotation #15-
96, at a cost of $35,207.25;
FC-96-14 - Banking Services Proposal - that the banking services for the City
of Niagara Falls be awarded to the Bank of Nova Scotia for the period April 1,
1996 to March 31, 2001;
FC-96-15 - Tax Balances at February 29, 1996 - that the report be received .
and filed;
that the City's previous resolution be re-submitted to the Provincial
Government and AMO requesting a change in legislation allowing business
taxes to be added to realty taxes - Opposed: Aldermen Susin and Volpatti
MW-96-63 - 1996 Parking Budget - that the 1996 Parking Operations Budget
be approved - Opposed: Alderman Orr; and Alderman Fisher opposed to that
part of the budget dealing with a maintenance person/labour for 12 months;
R-96-16 - Roller Hockey Niagara - that the Roller Hockey Niagara League be
recognized as a non-profit group and be eligible for the non-profit floor rental
rate of $30 per hour for the upcoming season;
That the arena rental fee be waived for the Feast Celebration of Maddona Di
Porto the evening of May 26, 1996;
- 8-
That Council Meetings commence at 7:00 p.m. on a trial basis during the
summer months with a final decision being made in September;,
The motion Carried with Aldermen Susin and Volpatti voting contrary to the motion
with respect to requesting a change in legislation allowing business taxes to be
added to realty taxes; Alderman Orr voting contrary to the motion on Report MW-96-
63 and Alderman Fisher voting contrary to the motion respecting the part of the
budget dealing with a maintenance person/labour for 12 months in Report MW-96-63
and with a~ others voting in favour.
F-96-17- Chief Administrative Officer- Re: Voice Mail Improvements for City
Hall. The report recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti,
that the report be received for the information of Council. Carded Unanimously.
F-96-18 - Chief Administrative Officer- Re: Municipal Accounts. The report
recommends that the accounts totalling $1,225,565.11 for the period ending April 1,
1996 be approved by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrengelo,
that the report be received and adopted. The motion Carded with Aldermen Craitor
and Cummings abstaining from the vote on conflicts of interest previously noted;
Alderman Susin voting contrary to Cheque No. M91404 and with a~ others voting in
favour.
See By-law No. 96-66
CD-96-22 - Council Representative for the Downtown Board of Management -
Re: Special Appointment to the Downtown Board of Management. The report
recommends that Council confirm the appointment of.' Doctor M.E. Krass, M.D.
C.C.F.P. (Niagara Health Setvices); Carol Fougere (Rummage Shop) and David Van
Velzen (Chronicle) as appointed to the Downtown Board of Management.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor,
that the report be received and adopted. Carded Unanimously.
L-96-14 - Chief Administrative Officer - Re: Municipal Lot #17 (Stanley Avenue)
Lease from the Region; 87CNFO00.O08 - Parking General. The report
recommends that Council authorize a lease agreement between The Regional
Municipality of Niagara and the City for use of a parking lot on Stanley Avenue,
known as Municipal Parking Lot #17.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that
the report be received and adopted. Carded Unanimously.
See By-law No. 96-67
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman
Hendershot, that leave be granted to introduce the following by-laws and the by-laws
be read a first time:
96-50
A by-law to provide for establishing parking lots in the City of Niagara
Falls, and for regulating, supervising and governing the parking of
vehicles in various municipal-parking facilities thereon and charging a
fee for such parking,
-9-
96-65
A by-law to amend By-law 94-303, being a by-law to provide for
appointments to certain Boards, Commissions and Committees. (Garrett
Lacey for the unexpired term (1995-1997) to N.F. Humane Society)
96-66
A by-law to amend by-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads (Stop Signs, Through Highways,
Parking).
96-67
A by-law to authorize the execution of a lease agreement with the
Regional Municipality of Niagara for the purpose of leasing/and off
Stanley Avenue.
96-68
A by-law to authorize monies for Genera/Purposes (April l, 1996)
The motion Carded with Aldermen Craitor and Cummings abstaining from the vote
on By-law 96-68 on conflicts of interest previously noted; Alderman Susin voting
contrary to the motion on By-law No. 96-68 and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the' following by-laws be now read a second and third time:
96-50 A by-law to provide for establishing parking lots in the City of Niagara
Falls, and for regulating, supervising and governing the parking of
vehicles in various municipal parking facilities thereon and charging a
fee for such parking.
96'65
A by-law to amend By-law 94-303, being a by-law to provide for
appointments to certain Boards, Commissions and Committees. (Garrett
Lacey for the unexpired term (1995-1997) to N.F. Humane Society)
96-66
A by-law to amend by-law No. 89-2000, being a by-law to regulate
parking and traffic on City Reads (Stop Signs, Through Highways,
Parking).
96'67
A by-law to authorize the execution of a lease agreement with the
Regional Municipality of Niagara for the purpose of leasing land off
Stanley Avenue.
96-68
A by-law to authorize monies for General Purposes (April 1, 1996)
The motion Carded with Aldermen Creitor and Cummings abstaining from the vote
on By-law 96-68 on conflicts of interest previously noted,' Alderman Susin voting
contrary to the motion on By-law No. 96-68 and with all others voting in favour.
NEW BUSINESS
Letter~ of Condolence
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that a
letter of condolence be forwarded to the family of the late Stephen T. Cree, a
Journeyman Lineman with the Niagara Falls Hydra. Carded Unanimously
ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot,
that a letter of condolence be forwarded to the family of the late Gerald E. Farroll,
retired Director of Finance for the City of Niagara Falls, Carded Unanimousl .
10o
Smoke-Free Public Places Committee
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot,
that Alderman Norm Puttick be appointed Chairman of the Smoke Free Public Places
Committee. Carried Unanimously.
During the discussion, Alderman Puttick requested that arrangements be
made to call a meeting on April 10, 1996 at 10 o'clock.
Bill 20
Alderman Selina Volpatti requested further information regarding the impact of
Bill 20. The Director of Planning and Development indicated that the Bill would give
and empower local Councils with more authority and advised that further information
· would be forthcoming.
Snow Removal and Sidewalk Cleaning
Alderman Kim Craitor referred to the issue of snowplowing and sidewalk
cleaning in the Drummond Road/Frederica/McLeod Road area and of the recurring
problem of Regional snowplows plowing in sidewalks.
Letters of Conclratulations
ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick. that a
letter of congratulations be forwarded to the Minor Batam AAA hockey team as
~nalists in the All Ontario Championships. Carried Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, that a
letter of congratulations be forwarded to the Junior B Golden Horseshoe Champions,
and best wishes in the Sutherland Cup. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that
a letter of congratulations be forwarded to Ms. Marilyn Bodogh on recently winning
the Women's World Curling Championships. Carried Unanimously.
Market Value Assessment
His Worehip Mayor Thomson discussed the issue of Market Value
Assessment and appealed to eli those individuals who were in support of Market
Value Assessment to attend the meeting being held at the Region on April 4, 1996
at I p.m. and express their support.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
E, C. WAGG, CITY CLERK
MAYOR WAYNE THOMSON
ELEVENTH MEETING
COMMITTEE OF THE WHOLE_
Committee Room #2
April f5, 1996
Council met on Monday, April 15, 1996 at 7:00 p.m. in Committee of the
Whole. All members of Council were present. Alderman Paisley Janvary presided
as Chairman.
Following consideration of the items presented, the Committee of the Whole
reported in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
PLANNING MEETING
Councfi Chambers
April 15, ~996
Council met on Monday, April 15, 1996 at 7:30 p.m. for the purpose of
considering Planning and Regular Business Matters. All members of Council were
present. Alderman Fermino Susin offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that the Minutes of the Regular Meeting of April 1, 1996 be adopted as
printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Campbell indicated a pecuniary interest on Communication No. 77,
Town of Newmarket from the meeting of April 1, 1996, because he is employed by a
School Board.
Alderman Craitor indicated a pecuniary interest on Report F-96-19, Cheque
No. M91411 and No. 220149 because the recipient is his spouse's employer,' and
indicated a pecuniary interest on Report CD-96-23 and CD-96-24, because he is a
member of an organization that deals with bingos.
Alderman Cummings indicated a pecuniary interest on Report F-96-19,
Cheque Nos. M91411; 220149 because a family member is employed by the Region;
and Report CD-96-23 and CD-96-24, because he is a member of an association that
deals with bingos.
Alderman Susin indicated a pecuniary interest on Report CD-96-23, because
members of his family am volunteer firefighters.
- 2-
Aldermen Campbell, Hendershot, Janvary and Pietrangelo indicated a
pecuniary interest on Report F-96-19, Cheque No. 220109 because they are
employed by the School Board.
CURRENT PLANNING MATTERS
PD-96-32 - Chief Administrative Officer - Re: Zoning by-law Amendment
Application; AM-5/96, Ken Moore c/o Niagara Fails Goff Club; 6241 Garner Road,
The report recommends the following:
1. That Council approve the Zoning By-law amendments application to permit the
lands known as 6241 Gamer Road to be used in conjunction with the Niagara
Falls Golf Club and to permit the existing dwelling on the lands to be used for
a residential accommodation and instructing facility;
2. That the amending by-law be conditional upon the dedication of a 16 ft. road
widening strip across the frontage of the subject lands to accommodate future
upgrades to Gamer Road.
- AND -
Communication No. 84 - Regional Niagara, Planning and Development
Department. The communication advises as not being opposed to the application
subject to any requirements that the Regional Public Health Department may have
with regard to private servicing matters.
His Worship Mayor Wayne Thomson declared the Public Meeting open and
read the procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on March 15, ~996.
His Worship Mayor Thomson received indication that the applicant, Mr. Ken
Moore, was in attendance and received a negative response to his request for a
show of hands by persons present who were interested in the application. He
requested that a~ persons wishing to receive further notice of the passage of the by-
law submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a
future Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property
with the assistance of posted sketches and reviewed the following information
included in Technical Report No. PD-96-30; Nature of the Zoning By-law
Amendment; Planning Review; Official Plan; Land Use Compatibility; Physical
Assessment; Nature of the Amendment; and the Public Notification Process.
There was a negab've response to Mayor Thomson's request for comments
from persons, other than the applicant or his agent, in support of, or opposed to the
application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-5/96 dosed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Creitor,
.that the application be received and adopted. Carried Unanimously.
- 3 -
ORDERED on the motion of Alderman Hendershot, seconded by AMerman Craitor,
that the communication be received and filed. Carried Unanimously
PD-96-32 - Chief Administrative Officer - Re: Zoning by-law Amendment and Site
Plan Approval Applications; AM-3/96 & SPC -f/96, Imperial Oil Ltd., 59f6
Drummond road and 6116-6f92 Lundy's Lane. The report recommends the
following:
That Council approve the proposed amendment to permit a gas bar as an
additional use on the subject lands and to rezone a portion of the site from
TRM to GC;
2. That the amending by-law include provisions for a minimum landscape area
along the southem-most property line, a minimum setback from Lundy's Lane
and Drummond Road, and relief from an interior sideyard sethack for an
accessory structure as shown on the site plan;
3. That Council authorize an amendment to the Fence By-law to permit a 13-foot
high fence to'provide for improved noise attenuation;
4. That the applicanrs architect consider design features to the buildings that will
reflect and be sympathetic with the heritage of the Drummond Hill area;
5, That Council approve the site plan for the subject development pursuant to
Section 41 of the Planning Act.
- AND -
Communication No. 85 - Friends of Historic Drummondvifie. The communication
provides several recommendations with respect to the Zoning app~cation.
Communication No. 86 - Regional Niagara, Public Works Dept. The
communication advises as having no objection to the lay-out of the access locations
as proposed.
His Worship Mayor Wayne Thomson declared the Public Meeting open and
read the procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Pubtic Meeting had been given in
accordance with Regulations on March 15, 1996.
His Worship Mayor Thomson received indication that Mr. Don Dussault,
· Manager, Real Estate, was in attendance on behalf of the applicant and received a
positive response to his request for a show of hands by persons present who were
interested in the application. He requested that a~ persons wishing to receive further
notice of the passage of the by-law submit their names and addresses to the Clerk
prior to leaving the meeting.
His Worship Mayor Thomson advised that fa~ure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a
future Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property
with the assistance of posted sketches and reviewed the following information
included in Technical Report No. PD-96-29; Panning Review; Background;; Zoning;
Physical Assessment and site Plan; Heritage ConsideraUons and the Public
Notification Process.
- 4-
There was a negative response to Mayor Thomson's request for comments
from persons, other than the applicant or his agent, in support of the application and
received a positive response from persons opposed to the application.
Mr. Lauchlan Bruce, Trustee, Drummondville Presbyterian Church,
expressed concerns regarding the traffic flow and congestion at the intersection of
Lundy's Lane and Drummond Road and questioned whether an impact study had
been prepared with respect to the peak periods of tourist traffic in the area;
expressed concerns regarding the potential traffic congestion on Drummond Road
due to the entry and potential back up to the car wash and the difficulty exiting
from Buchner Place onto Drummond Road.
Mr. N. McRoberts, 6165 Buchner Place, expressed concerns of exhaust
fumes from buses and trucks emitted from these vehicles entering his home.
Ms. Judith MacCarthy, on behalf of Friends of Historic Drummondville
advised that the group was appreciative for the site being improved; and provided
the following recommendations: that there be a delay in the zoning change; that an
audit of the area be performed by Heritage Canada or a similar organization; and
whether the applicant would consider including a future tourist historical information
centre.
Ms. Kim Bubnick, 6125 Barker Street, expressed concerns of further traffic
congestion in the area; the safety of school children passing the proposed
driveways; the unsafe and dangerous access to pedestrian and vehicle traffic.
Mr. Tom Inglis, 5975 Drummond Road, addressed the issue of traffic
congestion at the intersection of Drummond Road and Lundy's Lane and the safety
of pedestrian traffic.
Mr. Robert Foley, 4219 Brianvood Avenue referred to the traffic congestion
in the area and suggested a pedestrian walkway across Lundy's Lane to
complement the increased tourist pedestrian traffic.
Mr. Don Dussault, Manager, Real Estate, Imperial Oil, indicated that the
property had fallen into a poor state of disrepair and discussed the merits of the
proposal; advised the development would include a gas bar, a convenience store
with a Tim Horton's drive-through and a separate car wash building; provided details
on the construction of retaining walls, sound barriers and landscaping; and advised
of the provision of a 2-metre strip to the Region for future road widenings.
Mr. Dussautt responded to concems expressed by the residents in the area
and advised that the proposal would provide a clean and uncluttered first-class
facility in the area; referred to the three access points to the development and the
issue of ingress and egress onto the properly and requested that Council approve
the development.
Since no further comments were forthcoming, His Worehip Mayor Thomson
declared the Public Meeting with regard to Application AM-3/96 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the application be approved. The motion Carried with Aldermen Fisher, Janvary,
Puttick, Susin and Ward voting contrary to the motion
ORDERED on the motion of Alderman Cummings, seconded by Aldennan Orr, that
the correspondence be received and filed. Ca~ed Unanimously.
- 5 -
PRESENTATIONS
Fire Chief Peter Corfield referred to Report FD-96-03 and advised that the
Niagara Falls Fire Department was in the process of enhancing their telephone
system to both emergency and non-emergency services to the public. He indicated
that the system would be fully operational by April 22, 1996 and would increase the
emergency telephone service and provide better service to the public for non-
emergency situations, such as fire prevention information..
Prior to dealing with further Council matters, His Worship Mayor Thomson
introduced members of the media to Council, Mr. Gord Howard, The Niagara Falls
Review; Ms. Colleen Turner, St. Catharines Standard; Ms. Celeste DiStefano,
Niagara Falls Chronicle; Radio Station CJRN and Rogers Cable lO.
COMMUNICATIONS
Communication Nd. 67 - Town of Kincardine - Re: Opposing the Privatization of
Ontario Hydro - requesting Council endorse a resolution opposing the privatization
of any significant portion of Ontario Hydro.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the communication be received and filed for the Information of
Council. The motion Carried with Alderman voting contrary to the motion and with
all others voting in favour.
Communication No. 88 - Mr. Rudy Tychynski, Sr. - Re: Casino Location. The
communication provides a brief and suggestions on why the casino should be
located in the downtown area.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that
the communication be received and filed for the information of Council and that the
matter be referred to the Casino Corporation. Carried UnanimousIV.
Communication No. 89 - The Niagara Parks Commission - Re: Fireworks Display.
The communication requests Council permission to shoot a fireworks display on
Niagara Parks Commission property northeast of the Canadian Niagara Power
Company, on Wednesday, May 8, 1996 at 10:00 p.m.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti,
that the request be approved subject to established policy. _Carrie~
Following some discussion, it was ORDERED on the motion of alderman
Henderehot, seconded by Alderman Volpatti, that Council members that are
interested in attending part or all of the Niagara Gateway Conference, contact the
Director of Community Services for further information. CanYed Unanimously.
Communication No. 90 - Canadian Red Cross - Re: Blood Donor Clinic. The
communication requests that Council consider sponsoring the blood donor clinic on
Monday, February 27, 1997.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the request be supported. Carried Unanimously.
REPORTS
MW-96-67- Chief Administrative Officer- Re: Tender NP-01-96; Supply of
Bituminous Patching Materials and Asphalt Emulsion. The report recommends
that the tender for the supply of materials as listed below, be awarded as outlined on
the attached summary sheet.
- 6 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the report be received and adopted. Carried Unanimously.
R-96-19 - Chief Administrative Officer- Re: Proclamations to Commemorate
Earth Day, Arbor Week and Environment Week, The report recommends that
Council approve the following Proclamations Earth Day, April 22, 1996; Arbor
Week, April 26 to May 12, 1996; and Environment Week, June I to 9, 1996.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that
the report be received and adopted. Carried Unanimously.
F-96-19 - Chief Administrative Officer- Re: Municipal Accounts. The report
recommends that the accounts totalling $1,351,178.51 for the period ending April 15,
1996 be approved by the passing of the by-law appearing later on the agenda.
Further information was requested on Cheque Nos. 220101 and 220239.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo,
that the report be received and adopted. The motion Carried with Alderman
Cummings, Craitor, Hendershot, Janvary, Campbell, and Pietrangelo abstaining from
the vote on conflicts of interest previously noted and with aft others voting in fayour.
See By-law No. 96-75
CD-96-23 - Chief Administrative Officer - Re: Fellsview Hose Brigade; Property
Purchase; 5778 Dunn Street. The report recommends the following:
That Counc~ approve the proposal for use of bingo proceeds of the above
organization for purchase of the property at 5778 Dunn Street in the amount
of $10,000 a year for a maximum of 10 years;
2. That this approval be subject to the Fallsview Hose Brigade first obtaining the
required municipal approvals with respect to the proposed uses for the
property.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo,
that the report be received and adopted. The motion Carried with Aldermen Craitor,
Cummings and Susin abstaining from the vote on conflicts of interest previously
noted and with a~ others voting in favour.
CD-96-24 - Chief Administrative Officer- Re: Municipal Nevada Tickets; Expense
Breakdowns, The report recommends that the report is for the information of
Council.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings,
that the report be received and filed for the information of Council; and further that
staff look into the matter and whether there is a fair way of dealing with volunteer
only organizations regarding Nevada tickets. The motion Carried with Alderman Orr
voting contrary to the motion; Aldermen Craitor and Cummings abstaining from the
vote on conflicts of interest previously noted and with all others voting in favour.
CD-98-25 - Chief Administrative Officer- Re: Licensing of Adult Entertainment
Parloure. The report recommends that this report be received .for the information of
Council.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo,
that the report be received and filed for the information of Council. Carried
Unanimously.
- 7 -
L-96-18 - Chief Administrative Officer - Re: Transfer of Road Widening to The
Regional Municipality of Niagara Part of Corfield Street. The report recommends
that the most westerly 3.048 metres of Cotfield Street be transferred to The Regional
Municipality of Niagara for road widening purposes, for nominal consideration.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that
the report be received and adopted. Carried Unanimously._
See By-law No. 96-69
L-96-19 - Chief Administrative Officer - Re: Perry Encroachment Agreement with
the City; 5721 Buchanan Avenue. The report recommends to permit the
encroachment of a building upon the Buchanan Avenue road allowance.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimousl~
See By-law No. 96-70
L-96-21 - Chief Administrative Officer- Re: Establishment of One Foot Reserve
as a Public Highway; Block 54 Plan 59M-204 - Inverness Court. The report
recommends that a certain one foot reserve, described as Block 54 on registered
Plan 59M-204, be established as part of a public highway, to be known as Inverness
Court.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Pietrangelo, that the report be received and adopted. Carried Unanimously.
See Bv-lawNo. 96-71
L-96-22 - Chief Administrative Officer- Re: Establishment of Road Widening as
a Public Highway; Sherk Road; Part 5 on Reference Plan 59R-9418. The report
recommends that a read widening, described as Part 5 on Reference Plan 59R-
9418, be established as part of a public highway, to be known as Sherk Road.
ORDERED on 'the motion of Alderman Volpatti, seconded by Alderman Susin, that
the report be received and adopted. Carried Unanimously.
See__~__~.yB -law No. 96-72
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the actions taken on the following matters by Committee-of-the-
Whole, earlier this evening, be appreved:
1. That the City enter into a Lease Recognition and Non-Disturbance Agreement
with the TDL Group Ltd. operating as Tim Hortons, located at Drummond Road and
Victoria Avenue and that the Mayor and Clerk be authorized to execute the Lease
Recognition and Non-Disturbance Agreements.
Carried Un~
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that leave be granted to introduce the following by-laws and the by-laws
be read a first time:
96-69
A by-law to authorize the conveyance of the most westerly 3.048
metres of Corfield Street to The Regional Municipality of Niagara for
road widening purposes, for minimal consideration.
96.70
A by-law to authorize the Mayor and Clerk to enter into an agreement
with Louis Perry, the owner of 5721 Buchanan Avenue, to permit the
continuation of the encroachment of a building which encroaches upon
Buchanan Avenue road allowance.
- 8 -
96'71
96'72
96'73
A by-law to establish a certain one foot reserve, described as Block 54
on Registered Plan No. 59M-204, as a public highway.( Inverness
Court)
A by-law to establish a certain road widening as a Public Highway.
(Sherk Road)
A by-law to authorize the execution of an agreement with 1121122 Ont.
Inc., operating business as Vaporooter, respecting the Pilot Chemical
Root Treatment Program.
96-74
A by-law to amend By-law No. 60-114, as amended, being a by-law to
designate private roadways as fire routes along which no parking of
vehicles shall be permitted.
96-75
A by-law to authorize monies for General Purposes (April 15, 1996)
96,76
A by-law to authorize the execution of a Lease Recognition and Non-
Disturbance Agreement with the TDL Group Ltd. respecting the
postponement of a Lease Agreement in favour of a Site Plan
Agreement with Pinecove Development Limited.
96-77
A by-law to authorize the execution of a Lease Recognition and Non-
Disturbance Agreement with the TDL Group Ltd. respecting the
postponement of a Lease Agreement in favour of a Site Plan
Agreement with Yoon-Hee Lee and Jong-Dae Lee.
The motion Carded with Aldermen Cummings, Craitor, Hendershot, Janvary,
Campbell, and Pietrangelo abstaining from the vote on By-law No. 96-75 on conflicts
of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the following by-laws be read a second and third time:
96'69
A by-law to authorize the conveyance of the most westerly 3.048
metres of Corfield Street to The Regional Municipality of Niagara for
road widening purposes, for minimal consideration.
96-70
A by-law to authorize the Mayor and Clerk to enter into an agreement
with Louis Perry, the owner of 5721 Buchanan Avenue, to permit the
continuation of the encroachment of a building which encroaches upon
Buchanan Avenue road allowance.
96'71
A by-law to establish a certain one foot reserve, described as Block 54
on Registered Plan No. 59M-204, as a public highway.( Inverness
Court)
96-72
A by-law to establish a certain road widening as a Public Highway.
(Sherk Road)
96'73
A by-law to authorize the execution of an agreement with 1121122 Ont.
Inc., operating business as Vaporooter, respecting the Pilot Chemical
Root Treatment Program.
96-74
A by-law to amend By-law No. 80-114, as amended, being a by-law to
designate private roadways as fire routes along which no parking of
vehicles shaft be permitted.
96-75
96-76
A by-law to authorize monies for General Purposes (
April 15, 1996)
A by-law to authorize the execution of a Lease Recognition and Non-
Disturbance Agreement with the TDL Group Ltd. respecting the
postponement of a Lease Agreement in favour of a Site Plan
Agreement with Pinecove Development Limited.
96-77
A by-law to authorize the execution of a Lease Recognition and Non-
Disturbance Agreement with the TDL Group Ltd. respecting the
postponement of a Lease Agreement in favour of a Site Plan
Agreement with Yoon-Hee Lee and Jong-Dae Lee.
The motion Carried with Aldermen Cummings, Craitor, Hendershot, Janvary,
Campbell, and Pietrangelo abstaining from the vote on By-law No. 96-75 on conflicts
of interest previously noted and with all others voting in favour.
Junior A Hockey
NEW BUSINESS
Alderman Pat Cummings referred to the Junior A Hockey franchise team
moving from the City and to the return of any deposits made for season tickets; he
requested information with respect to holdbacks of monies that was owing to the
City. He was advised by the Director of Community Services that funds were being
withheld and that there would be discussions on the matter prior to any funds being
released.
Tower C~mb for Cancer
Alderman Gary Hendershot discussed the Climb the Tower for Cancer event
that had been held on Saturday, April 13, 1996 and thanked Ms. Cynthia Roberts for
her efforts and Alderman Kim Craitor, who provided a cheque on behalf of the
District Labour Council and Alderman Pietrangelo who ran up the tower. Alderman
Craitor indicated that the event would be bringing in over $13,000.
Charity Casinos in Niaqara Falls
Alderman Selina Volpatti discussed the issue of charity casinos in Niagara
Falls and advised there were 86 local charities that were eligible to run casinos in
Niagara Falls. She requested that staff arrange a meeting with the different charities
to discuss the casino issue.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot,
that staff arrange a meeting with the different charities operating casinos to discuss
their experiences regarding charity casinos and to build on the information base
regarding these events. Carded Unanimously.
The City Clerk advised that a resolution would be forthcoming to Council and
then fonvarded on to the Ontario Gaming Commission requesting them to impose
controls upon the operators as to the amount of expenses that could be charged.
- 10-
Interim/Permanent Casino
Alderman Selina Volpatti discussed the issue of an interim and a permanent
casino site.
Following some discussion, it was ORDERED on the motion of Alderman
Janvary, seconded by Alderman Campbell, that the matter be deferred.
The motion was Defeated, with Aldermen Fisher, Janvary, Campbell and Ward
voting in favour and with all others voting contrary to the motion.
Following further discussion, it was ORDERED on the motion of Alderman
Volpatti, seconded by Alderman Susin, that Council be informed of the contents of
the Request For Proposal prYor to presentation; that Council be informed of any
submissions of any proposal to the Casino Selection Committee; that Council be
informed of any short listed sites or proposals; and that Council be given an
opportunity to present their recommendation to the Casino Selection Committee.
The motion was .Defeated with the following recorded vote;
AYE: Orr, Susin, Volpatti
NA YE: Campbell, Craitor, Cummings, Fisher, Hendershot, Janvary,
Pietrangelo, Puttick, Ward and Mayor Thomson.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that Mr. Dominic Alfieri, President of the Ontario Casino Corp. be invited to attend a
meeting of Council to discuss the issues and concams. Carried Unanimously.
Mayors Prayer Breakfast
Alderman Paisley Janvary reminded members of Council of the Mayors
Prayer Breakfast on Wednesday, April 17, 1996.
Paving of Q,E.W. and Reconstructino of Montrose Road/Thorold Stone Road
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot,
that a meeting be scheduled with Mr. Maves and that a resolution be forwarded to
the Minister expressing Councirs position that it would be inappropriate to have the
section of the Q.E.W in the area by Niagara Square unpaved until August; and that
the Province would further default on its commitments with regard to the
reconstruction and widening of the Montrose Road and Thorold Stone Road/Q.E.W.
brYdge. CanYed Unanimously
Junior B Hockey
Alderman Kim Craitor advised that the Junior B Hockey club. would be playing
on Tuesday, AprYl 16, 1996 to decide the first place standing toward the Sutherland
Cup.
-11
Tim Horton's Proposal in Chippawa
Alderman Bruce Ward referred to the matter of having Chippawa residents
participate in the public site plan process.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher,
that the Site Plan Technical Committee have the general public in Chippawa
participate in the site plan process on the Tim Horton's application on the Mackenzie
property. Carried Unanimously.
United Way Meetino
Alderman Pat Cummings reminded members of Council
meeting be held on Tuesday at 5 p.m.
of the United Way
Belated Hal3py Birthday
Alderman Victor Pietrangelo wished Alderman Paisley Janvary a belated
Happy Birthday.
John Schools
Mayor Thomson referred to correspondence regarding the "John Schools in
Toronto" and advised that the prostitution committee have been looking into the
matter and that Ms. Ioannoni had been invited to attend the meeting to discuss her
Concerns.
Stamford Junior Precision Skatin.q Team
Mayor Thomson referred to the accomplishments of the Stamford Junior
Precision Skating Club.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that a letter of congratulations on their accomplishments, be
forwarded to the Stamford Junior Precision Skating team on their recent 1996
-. Canadian Precision Championship win. Car~ed UnanimousIv.
Concerned Health Cats Workers at the Greater Niagara General Hospital
Mayor Thomson referred to correspondence received from the Concerned
Health Care Workers regarding retaining the setvices of a consultant to recommend
future direction for care and setvice at the Greater Niagara General Hospital
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the matter be referred to the Counc~ members on the Greater
Niagara General Hospital Board; and that Council express their concerns regarding
the consultant study and the method of consultant selection and the lack of
opportunity for input by staff and the general public. Carrfed Unanimously..
12-
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
COMMITTEE OF THE WHOL_.E
Committee Room #2
April 17, 1996
MAYOR WAYNE THOMSON
Council met on Wednesday, April 17, 1996 at 4:30 p.m. in Committee of the Whole. All
members of Council, with the exception of Aldermen Puttick and Volpatti, were present.
Following consideration of the item presented, the Committee of the Whole arose to
report in open session.
READ AND ADOPTED, ~
~'.' ~~ ...................................... MAYOR WAYNE THOMSON
COUNCIL MEETING
Committee Room #2
April 17, 1996
Council reconvened in formal session on Wednesday, April 17, 1996, following a
meeting of Committee of the Whole. All members of Council, with the exception of Aldermen
Puttick and Volpatti, were present. His Worship Mayor Thomson presided as Chairman.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, to
reaffirm Council's decision with respect to the termination ofthe Director ofFinance. Carried
Unanimously.
The meeting adjourned.
READ AND ADOPTED,
ii'."iiZ'iiiA~iiiii ....................................... MAYOR WAYNE TH~i"M'Sii"N
THIRTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
April 29, 1996
Council met on Monday, April 29, 1996 at 6:15 p.m. in Committee of the
Whole. All members of Council, with the exception of Alderman Puttick, were
present. Alderman Judy Orr presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
rose to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING.
Council Chambers
April 29, 1996
Council met on Monday, April 29, 1996 at 7:30 p.m. for the purpose of
considering Regular Business Matters. All members of Council, with the exception
of Alderman Puttick, were present. His Worship Mayor Thomson presided as
Chairman. Alderman Kim Craitor offered the Opening Prayer.
ADOPTION OF MINUTES
Following some discussion, it was ORDERED on the motion of Alderman
Volpatti, seconded by Alderman Orr, that the Minutes of April 22, 1996 be amended
to reflect the discussion with regard to the Deputation made by Mr. Domenic Alfieri
and that the discussion be so recorded verbatim. The motion Carried with Aldermen
Campbell, Craitor, Cummings, Janvary, Orr, Susin and Volpatti voting in favour of
the motion and Aldermen Fisher, Hendershot, Pietrangelo and Ward voting contrary
to ~he motion.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the Minutes of the Planning/Regular Meeting of April 15, 1996 be
adopted as printed; that the Minutes of the Special Meeting of April 17, 1996 be
adopted as prfnted; and that the Minutes of the Regular Meeting of Ap~l 22, 1996 be
adopted as amended. Carried Unanimously.
- 2-
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Campbell, Hendershot, Janvary and Pientrangelo indicated
pecuniary interests on Report F-96-20, Cheque No. 220550, because the recepient is
their employer.
Aldermen Craitor and Cummings indicated pecuniary interests on
Communication No. 97, The Delta Bingo group, because they are involved with an
association that is involved with bingos; and indicated pecuniary interests on Report
F-96-20, Cheque Nos. 220524; 220320; 220454 because members of their family are
employed by the Region.
Alderman Susin indicated a pecuniary interest on Communication No. 97, The
Delta Bingo group and on Report F-96-20, Cheque Nos. 220356 and 220388
because members of his family are involved with an organization that deals with
bingos.
DEPUTATIONS
Mr. Larry Siriani provided information on bringing a major Jr. '~" hockey
franchise to Niagara Falls; discussed the issue of local ownership and introduced
Mr. Dave Moffat who requested Council's endorsement and support, in principle, of
attracting a locally owned major Jr. '~" hockey franchise through the Ontario Hockey
Association in Niagara Falls.
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Campbell, that Council endorse, in principle, the
initiative to attract a locally owned major Jr. '~A" hockey franchise in Niagara Falls,
through the Ontario Hockey Association and further that discussions take place with
the principals in conjunction with the Parks and Recreation. Carried Unanimously.
Mr. Bob Romanuk discussed the benefits of cycling and requested that
Council proclaim the week of May 20-26, 1996 as "Bike Week" in Niagara Falls.
Mr. Romanuk indicated that the principle feature of Bike Week was for employees to
cycle to work and suggested having secure bicycle parking made available; that a
continental breakfast be provided to the cyclists; that the use of shower facilities at
the Ministry of Toursim building be provided and permitting cyclists to dress casual
during Bike Week. Mr. Romanuk offered a challenge to neighbouring municipalities
and the Region that Niagara Falls could beat them in having the most number of
cycliststo riding to work on Tuesday, May 21, 1996.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the week of May 20-26, 1996 be proclaimed as "Bike Week" in Niagara Falls
and further that the matter be referred to staff for discussion of details. Carried
Unanimously.
COMMUNICATIONS
Communication No. 97 The Delta Bingo group - Re: Monte Carlo Bingo. The
communication recommends a complete deregulation of restrictive City By-laws by
Council of Niagara Falls.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot ,
that the matter be referred to staff and all stakeholders in the Bingo industry for
review and comment. The motion Carried with Aldermen Craitor, Cummings and
Susin abstaining from the vote on conflicts of interest previously noted and with all
other8 voting in favour.
- 3 -
Communication No. 98 - Fort Erie Native Friendship Centre - Re: Native Cultural
Festival. The communication invites members of Council to attend the Native
Cultural Festival from May 1-4, 1996 at the Welland Arena.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that
the communication be received and filed for the information of Council. Carried
Unanimously.
REPORTS
MW-96-75 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Recommendations, April 26, f996 Meeting. The report
recommends the following:
MW-96-64 - Dixon Street - Request for Parking Restrictions - that parking be
restricted on the south side of dixon Street from a point 159m west of Level
Ave. to Orchard Ave. between the hours of 8:00 a.m. and 4:00 p.m., Monday
to Friday excluding holidays;
2. MW-96-66 - Ontario Avenue - Request for Removal of Parking Restrictions -
that the parking restriction on the west side of Ontario Ave. betwen a point
29m north of Philip St. and a point 45m north, be removed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 96-81
MW-96-76- Chief Administrative Officer- Re: Award of Tender- Contract 96-16
- T.V. Inspection of Sewers. The report recommends that the unit prices submitted
by the low tenderer, Trans-Video Inspection, be accepted for the above contract and
the authorizing by-law be passed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-law No. 96-84
R-96-23 - Chief Administrative Officer - Re: Ontario Winter Games Financial
Statement. The report recommends that this report be received and filed for
information of Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that the report be received and filed for the Information of Council.
Carried Unanimously.
PD-96-35 - Chief Administrative Officer - Re: Amendment to Site Plan
Agreement SPC-5/96, Addition to Betty's Restaurant; 8921 Sodom Road. The
'report recommends that Council approve the landscape plan for Betty's Restaurant,
8921 Sodom Road as an amendment to the site plan agreement affecting this
property.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
F.96-20 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,273,226.81 for the period ending April 29,
t996 be approved by the passing of the by-law appearing later on the agenda.
Further information was requested on Cheque Nos. 220291; 220507; M91436;
M91429; M91427; and that Cheque No. 220588 be withheld.
The Manager of Revenue responded to concems regarding the issuing of
manual cheques and during the discussion it was requested that staff prepare a
report with respect to the policy regarding the issuance of manual cheques.
- 4-
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell,
that the report be received and adopted. The motion Carried with Aldermen
Campbell, Craitor, Cummings, Hendershot, Janvary, Pietrangelo and Susin
abstaining from the vote on conflicts of interests previously noted and with all others
voting in favour.
See By-law No. 96-85
L-96-23 - Chief Administrative Officer - Re: Disposal of Portion of Closed
Laneway to Niagara Bronze Limited. The report recommends the following:
1. That By-law 95-256, authorizing the conveyance of a laneway, be repealed;
2. That part of a laneway between Lot Nos. 180, 181 and 212, 213 on Plan No.
997 designated as Parts I and 2 on Reference Plan 59R-802 be conveyed to
Niagara Bronze Limited for two dollars plus costs and a final release in favour
of the City and further the Mayor and Clerk be authorized to execute the said
Transfer.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carded Unanimously.
See By-law No. 96-80
L-96-24 - Chief Administrative Officer- Re: Todd Agreement with the City
Building Permit; Testamentary Devise. The report recommends that Council
authorize the execution by the Mayor and Clerk of an Agreement dated April 22,
1996 between Bryan Daniel Todd and Monique Anne Todd and the City regarding
application for a Building Permit.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carded Unanimously.
See By-law No. 96-82
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings,
that the actions taken on the following matters by the Committee of the Whole,
earlier this evening, be approved:
That staff be authorized to initiate the recruitment process to hire immediately, a
Building Inspector. on a contract basis to respond to the workload resulting from the
development of the interim casino; and further that authorization be granted to
station the Building Inspector on site.
Carded Unanimously.
RESOLUTIONS
Relocation of Teletheatre
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Pietrangelo, to approve the request subject to
the facility being an appropriate building and that Council be so advised. Carded
Unanimously.
NO. 28 - CUMMINGS - PIETRANGELO - WHEREAS the operator of the Teletheatre,
located at the Plantation Club in Maple Leaf Village is required to relocate; and
WHEREAS it is his desire to relocate at a facility located at 6119 Main Street,
Niagara Falls; NOW THEREFORE BE IT RESOLVED that Council approval is given
to relocate the Plantation Club Teletheatra to a facility located a 6119 Main Street,
Niagara Falls. And The Seal of the Corporation be herato affixed.
The motion Canfed with Alderman Volpatti voting contrary to the motion and with all
others voting in favour.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that leave be granted to introduce the following by-laws and the by-laws be read a
first time:
96-80
A by-law to authorize the conveyance of a Laneway between Lot Nos.
180, 181 and 212,213 Plan No. 997 designated as parts I and 2 on
reference Plan 59R-8021 to Niagara Bronze Limited.
96-81
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads (parking)
96-82
A by-law to authorize the execution of an agreement with Bryan Daniel
Todd and Monique Anne Todd as a condition of building permit
application.
96'83
A by-law to authorize the execution of a Subdivision Agreement with
642217-OntatYo Limited and Mikulcic Construction Limited respecting
The Katharina Plan of Subdivision.
96-84
A by-law to authorize the execution of an agreement with Trans-Video
Inspection Limited respecting T.V. inspection of sewers.
96-85
A by-law to authorize monies for General Purposes (April 29, 1996)
The motion Carded with Aldermen Campbell, Craitor, Cummings, Hendershot,
Janvary, Pietrangelo and Susin abstaining from the vote on By-law No. 96-85 on
conflicts of interests previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the following by-laws be now read a second and third time:
96-80
A by-law to authorize the conveyance of a Laneway between Lot Nos.
180, 181 and 212,213 Plan No. 997 designated as parts I and 2 on
reference Plan 59R-8021 to Niagara Bronze Limited.
96-81
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads (parking)
96-82
A by-law to authorize the execution of an agreement with Bryan Daniel
Todd and Monique Anne Todd as a condition of building permit
application.
96'83
A by-law to authorize the execution of a Subdivision Agreement with
642217 Ontado Limited and Mikulcic Construction Limited respecting
The Katharina Plan of Subdivision.
96-84
A by-law to authorize the execution of an agreement with Trans-Video
Inspection Limited respecting T.V. inspection of sewers.
96'85
A by-law to authorize monies for General Purposes (April 29, 1996)
The motion Canfed with Aldermen Campbell, Craitor, Cummings, Hendershot,
Janvary, Pietrangelo and Susin abstaining from the vote on By-law No. 96-86 on
conflicts of interests previously noted and with all others voting in favour.
NEW BUSINESS
Annual Blossom Parade
Alderman Pat Cummings advised members of Council and the community that
the Annual Blossom Parade would be held on May 11, 1996 and invited everyone to
attend.
Hospital Board Meetinfl
Alderman Pat Cummings advised that the Hospital Board meeting had been
relocated to Spring Street Legion, Branch 479, on Tuesday, April 30, 1996 at 7 p.m.
and that all interested individuals were invited to attend.
Council Meetinns
Alderman Shirley Fisher reminded everyone that the Council meetings would
commence at 7 p.m. beginning with the Council meeting of May 13, 1996.
Statement of Goals and Objectives
Alderman Selina Volpatti referred to the City's Statement of Goals and
Objectives with respect to the casino initiative and was advised by the Chief
Administrative Officer that assurances had been given that the City's Statement of
Goals and Objectives would be included in total.
Following some discussion, it was ORDERED on the motion of Alderman
Volpatti, seconded by Alderman Orr, that the City of Niagara Falls' Statement of
Goals and Objectives for the casino initiative be reviewed. Carried Unanimously.
Construction on Park Street
Alderman ,judy Orr referred to concems expressed regarding the construction
on Park Street and requested further information on the matter,' she was advised
that the City Engineer would investigate the matter.
Status of Healthcare
Alderman Wayne Campbell commented on concems that had been expressed
with respect to the quality of healthcare and the lack of physicians in Niagara Falls.
Following some discussion, it was ORDERED on the motion of'Alderman
Campbell, seconded by Alderman Orr, that a resolution of Council be forwarded
through the Mayors Office to the Minister of Health, expressing Councfl's concerns
on the quality of healthcare and the lack of physicians in Niagara Falls..Carded
Unanimously.
- 7 -
Driver Examination Centres
Alderman Kim Craitor referred to a newspaper article with respect to the
impending closure of the Niagara Falls and Fort Erie Driver Examination Centres,
leaving only the SL Catharines office to service the Region.
Concerns were expressed with respect to the senior citizens of the community
having to travel to St. Catharines to the examination centres.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that
a letter from the Mayors Office be forwarded to the Minister of Transportation,
expressing Councfi's concerns on the matter. Carried Unanimously.
Street Vendors
Alderman Kim Craitor referred to prior correspondence from the Chamber of
Commerce expressing concerns regarding street vendors and the upcoming
Mothers Day event,- Mayor Thomson advised him that information had been
forwarded to him on the matter, earlier in the day,
City Solicitor provided information on the matter and advised that no problems
had been encountered with respect to the street vendors or the flower shop owners.
ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
........ ..'E....~.~,..~.....: ........
MAYOR WAYNE THOMSON
FOURTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
May 13, 1996
Council met on Monday, May 13, 1996 at 6:30 p.m. in Committee of the
Whole. All members of Council, were present. Alderman Norm Puttick presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole
reported in open session.
READ AND ADOPTED,
'E ............
PLANNING MEETING
Council Chambers
May 13, 1996
Council met on Monday, May ~3, 1996 at 7:00 p.m. for the purpose of
considering Planning and Regular Business Matters. All members of Council, were
present. Alderman Gary Hendershot offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Selina Volpatti requested that the Minutes of April 29, ~996 be
amended to reflect her opposition to Resolution No. 28 dealing with the relocation of
the Teletheatre and to reflect her voting in favour of the motion dealing with the
facility being an apprepriate building.
Following some discussion, it was ORDERED on the motion of Alderman
"Volpatti, seconded by Alderman Orr, that staff brfng back a report and that the
matter be revisited with respect to Off Track Betting establishments requiring a
zoning by-law amendment. The motion was Defeated with Aldermen Craitor,
Cummings, Fisher, Hendershot, Janvary, Pietrangelo, Puttick and Ward voting
against the motion and with Aldermen Campbell, Orr, Susin and Volpatti voting in
faVour of the motion.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo,
that the Minutes of April 29, 1996 be adopted as amended. Carried Unanimously.
- 2 -
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Cheque Nos. 220643;
220717 and M91444 because a member of his family is employed by the Region.
Alderman Craitor indicated a pecuniary interest on Cheque Nos. 220643;
2207~7 and M91444 because the recipient is his spouse's employer,' indicated a
pecuniary interest on Communication No. 11f, with regard to the Canada Pension
because he works for Human Resources Development Canada,' and indicated a
pecuniary interest on Report L-96-16, because he is involved with an organization
that operates bingos.
Alderman Fisher indicated a pecuniary interest on Report PD-96-42 and
PD-96-43, because she fives adjacent to the property.
Alderman Volpatti indicated a pecuniary interest on Report L-96-27 and By-law
NoS. 96-97 and 96-98, because her mother has applied to the City to purchase the
land.
Alderman Pietrangelo indicated a pecuniary interest on Cheque No. 220678,
because the recipient is his employer; indicated a pecuniary interest on Report PD-
96-42; PD-6-43 and PD-96-34, because a member of his family owns land in close
proximity to the property.
Alderman Janvary indicated a pecuniary interest on Cheque No. 220678
because the recipient is her employer.
Alderman Susin indicated a pecuniary interest on Communication No. 114,
because a member of his family resides next to the property; and indicated a
pecuniary interest on Report L-96-16, because members of his family are involved
with an organization that deals with bingos; and indicated a pecuniary interest on the
1996 Construction Schedule on Arthur Street, dealt with at Community Services
Committee because his mother resides in the area.
Alderman Campbell indicated a pecuniary interest on Report FC-96-19, dealt
with at Finance Committee and By-law for 1996 Appropriations,~ dealing with the
education portion, because he is employed by the School Board; and indicated a
pecuniary interest on Cheque No. 220678, because the recipient is his employer.
Alderman Ward indicated a pecuniary interest on Cheque Nos. 220767 and
220610 because he has a business relationship.
WELCOME
fst Niaqara Scout Troop
His Worship Mayor Thomson welcomed Jim Cairns, Matt Calvert, Darrell
Mowat, and Jason Royer who were in attendance as part of the requirements for
- their Citizen badge, along with their Leader The Reverend Hugh C. Jones.
Nianara DlatHct Council Scouts. Canada
Mr. Wayne McMillan, Niagara District Council, Scouts, Canada, provided
information on the upcoming Scouts Walkathon to be held on June 1, 1996 and
organized by the Scouts. He challenged members of Council to join with them and
other member8 of the community to walk for Scouting on June f, 1996.
- 3
His Worship Mayor Thomson wished the group success and thanked
everyone for their attendance.
PRESENTATION
Canada/Ontario Infrastructure Works Proqram
His Worship Mayor Thomson provided highlights of the infrastructure projects
including storm/sanitary sewers; reconstruction of numerous roads, streetscaping
and decorative lighting; upgrades to various recreational facifities; and indicated that
the projects were completed under the Canada/Ontario Infrastructure Works
Program, with the Federal, Provincial and Municipal partners contributing one-third of
the total cosL
His Worship Mayor Thomson introduced Mr. Bart Maves, M.P.P. and Ms.
Pauline Zacarelli, Constituency Assistant for Mr. Gary Pillitteri, who
congratulated the C. ity and community on the improvements that had been
undertaken, along with the unveiling of a plaque commemorating the 28
infrastructure projects in Niagara Falls under the Canada/Ontario Infrastructure
Works Program.
The Manager of Parks and Recreation provided a brief synopsis and
highlights of the infrastructure projects through the use of slides.
His Worship Mayor Thomson thanked Mr. Maves and Ms. Zacarelli for their
attendance.
Business Showcase Award
Mr. George Waters, Chairman, Business Development Advisory
Committee, provided an overview and highlights of the 150 year history of the Maid
of the Mist. Mr. Waters referred to the Maid of the Mist Corporation's purchase of a
van for the Boys and Girls Club and the donation of $500,000 to the Niagara College
Hospitality Centre and introduced Mr. James Glynn and Mr. Chris Glynn.
His Worship Mayor Thomson congratulated the Glynn familiy and the Maid of
the Mist Corporation for their contributions to the community and presented the
Niagara Falls Business Showcase Award to Mr. James Glynn and Mr. Chris Glynn.
CURRENT PLANNING MATTERS
PD-96-40 - Chief Administrative Officer- Re: Zoning by-law amendment
Application; AM-6/96, River Realty Development (1976) Inc. 4838 Dorchester
Road. The report recommends the following:
That Council approve the application to change the zoning of the subject
lands from General Industrial to Prestige Industrial with site specific provisions
to permff the establishment of office uses;
That the amending by-law be approved which provides for a minimum
landscaped open space of 15 percent inclusive of a 20 foot landscape strip
along Dorchester Road.
- 4-
o AND -
Communication No. 99 - Regional Niagara, Planning and Development
Department. The communication advises as having no objection to the application,
subject to the requirements, if any, of the Regional Public Works Department.
His Worship Mayor Wayne Thomson declared the Public Meeting open and
read the procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on April 12, 1996.
His Worship Mayor Thomson received indication that the applicant, Mr. Fisher,
was in attendance and received a negative response to his request for a show of
hands by persons present who were interested in the application. He requested that
all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a
future Ontado Municipal Board hearing.
The Director of Planning and Development referred to the subject property
with the assistance of posted sketches and reviewed the following information
included in Technical Report No. PD-96-37; The Nature of the Zoning By-law
Amendment; the Official Plan; Site Analysis and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments
from persons, other than the applicant or his agent, in support of, or opposed to the
application.
The Director of Planning and Development responded to concerns with regard
to landscaping and a proposed 20 foot/andscape strip along Dorchester Road to
ensure an aesthetically attractive site.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to App~cation AM-6/96 closed,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti,
that the application be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher,
that the communication be received and filed, Carried Unanimously
See By-law No. 96-94
PD.9641 - Chief Administrative Officer- Re: Zoning By.law Amendment
Application; AM-8/96, 488745 Ontario Ltd. (J. Cuviello); Part Twp. Lot 107,
South 81de of Morrison Street; East of Dorchester Road. The report recommends
' the following:
That Council approve the application to permit a restaurant with a drive-thru
facility, a pharmacy in conjunction with a clinic and a 4,000 sq. ft. office/
business supply store as additional uses on the subject lands;
That Council adopt the amending by-law for the subject lands appeatYng in
Councll's agenda;
3, That the Mergls be permitted to participate in the site plan approval process.
- AND -
Communication No. fO0 - Dr. Ronald Mergl and Dr. June MergL The
communication expresses concerns with the conformity of a restaurant and the
impact on their business.
- AND -
Communication No. 101 - Regional Niagara, Planning and Development
Department. The communication advises as having no objection to the approval of
the application.
-AND -
Communication No. 102 - Regional Public Works Department. The
communication advises as having no objections to the application, but requests that
the Regional requirements as stated in their report be incorporated into the site plan
agreement for this development.
His Worship Mayor Wayne Thomson declared the Public Meeting open and
read the procedur~ to be followed under the Planning Act. '
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on April 12, 1996.
His Worship Mayor Thomson received indication that Mr. Joe Cuviello, the
applicant was in attendance and received a positive response to his request for a
show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further notice of the passage of the by-
law submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a
future Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property
with the assistance of posted sketches and reviewed the following information
included in Technical Report No. PD-96-38; The Nature of the Amendment;
Background; the Official Plan,' the Proposed Amendment; Site Analysis and the
Public Notification Process.
There was a negative response to Mayor Thomson's request for comments
from persons, other than the applicant or his agent, in support of, or opposed to the
application.
Dr. June Mergl, Animal Medical Centre indicated that she was in favour of
the recommendation report subject to the conditions as stated in the report.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Pubtic Meeting with regard to Application AM-8/96 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher,
that the application be received and adopted. The motion Carried with Alderman
Janvary voting contrary to the motion and with aft others voting in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher,
that the communication be received and filed. Carried Unanimously
.See By-law No. 96-96
- 6 -
- 7 -
PD-96-42 - Chief Administrative Officer - Re: Proposed Plan of Subdivision 26T-
94009; Zoning By-law amendment Application; AM-7/96 Chippawa West Phase
II, West side of Sodore Road; Queensway Chippaws Properties Inc., c/o Metrus
Development Inc. The report recommends the following:
That the Chippawa West Phase II Plan of Subdivision be appreved subject to
the conditions attached in Appendix 1;
That Council approve the applications to amend the Zoning by-law to provide
the/and use regulations for the development of the subdivision and to protect
the Hunter Drain;
That a copy of this report be sent to the Region as the City's comments on
the subdivision.
- AND -
Communication No. 103 - Regional Public Works Department. The
communication advises as having no objections to the rezoning in order to permit
the plan of subdivision.
Communication No. f04 - Ministry of Natural Resources. The communication
advises that the Ministry of Natural Resoumes finds the proposed zoning by-law
amendment premature and outlines the reasons in the communication.
His Worship Mayor Wayne Thomson declared the Public Meeting open and
read the procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of fie Public Meeting had been given in
accordance with Regulations on April 12, 1996.
His Worship Mayor Thomson received indication that Mr. Andrew Orr,
Planning Manager, Paladin Development Consultants Inc., was in attendance on
behalf of the applicant and received a positive response to his request for a show of
hands by persons present who were interested in the application. He requested that
all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meetihg.
His Worship' Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a
future Ontario Municipal Board heating,
The Director of Planning and Development referred to the subject property
with the assistance of posted sketches and reviewed the following information
included in Technical Report No. 96-39; the Official Plan; Secondary Plan;
Subdivision Design,' Woodlots; Nature of the Zone Change; Servicing and the Public
Notification Process.
There was a negative response to Mayor Thomson's request for comments
from persons, other than the applicant or his agent, in support of, and a positive
response in opposition to the application.
Mr. Arthur Varty, 4520 Lyons Creek Road expressed the following concerns,
the traffic problems and access from Lyons Creek Parkway; the watershed and the
water flowing down his driveway. Mr. Vafiy requested that he be involved in the site
plan process.
The Director of Planning and Development responded that the City was not
recommending that the connection to Lyons Creek Parkway be made and that
residents would be consulted during the site plan process. He further indicated that
a special study would be made with respect to Lyons Creek Parkway on whether to
continue the read or turning it inward.
Ms. Dorothy Yando, 4769 Lyons Creek Road, expressed concerns with
regard to the speeding vehicles and the need for stop signs on the Parkway.
Mr. Gregory Chisolm, 4855 Lyons Creek Parkway, questioned whether there
would be provisions for future municipal services and utilities and stormwater
management to a~ the residents in the area; expressed concerns on the volume of
water that would be flowing into Lyons Creek from the proposed development.
The Director of Municipal Works advised that the objective of the stormwater
management pond was to retain and control the water going to Lyons Creek. He
advised that an Environmental study was being performed on the Lyons Creek "
Parkway with the upgrading of services and read upgrades being done subject to the
Environmental study. He responded to concerns regarding the sewer system
capacity and advised that the existing and future properties that may be created and
entering the outlet along the Lyons Creek Road should not affect the sewer system
capacity.
Mr. Jeff Denington, 4921 Lyons Creek Parkway expressed concerns
regarding the ingress and egress of traffic onto Lyons Creek Parkway.
Mr. Andrew Orr commented that the "key essence" of the project was the
adult lifestyle community. He discussed the 18 acres of No. 3 woodlot dedication;
and the woodlot along Hunters Drain; the park linkage system; stormwater
management; referred to the preservation of trees in the area; upgraded topography
mapping; and read widening along Willick/Ort Roads.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-7/96 closed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the
application be received and adopted. The motion Carried with Aldermen Fisher and
Pietrangelo abstaining from the vote on conflicts of interest previously noted and with
all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti,
that the communication be received and filed. Cartied Unanimously
PD-96-34 - Chief Administrative Officer- Re: Committee-of-Adjustment
Application a-f4/96; Robert Small; Testamentary Devise. The report recommends
that Council reconfirm its position that current zoning standards are to be maintained
with respect to testamentary devise pamels and that the Committee of Adjustment
be advised accordingly.
Mr. Tom Richardson, Solicitor, on behalf of Mr. Robert Small, advised that
Mr. Sma~ had pumhased the 2-acre lot and that the lot had been created by
testamentary devise; indicated the lot conformed with the by-law in all aspects
except for having only e 175-foot frontage instead of the required 200 foot frontage;
he reviewed the comments of the Committee of Adjustment and requested that
Council indicate to the Committee of Adjustment that it does not object to the minor
variance. He referred to a Court of Appeal ruling which determined that the creation
of testamentary devise lots were lawfully created under the Planning Act of Onta~o.
- 8-
Mr. Rick Collison, 7400 Fern Avenue, commented that there had been a list
of qualifications that had to be met before he could obtain a building permit for his
property, one of which was to have a 200 foot frontage; he indicated that the
application was not a minor variance and requested that the application be denied.
ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that the
matter be deferred. The motion was Defeated with Aldermen Susin, err and Volpatti
voting in favour of the motion and with all others voting contrary to the motion.
Following some discussion, it was moved by Alderman Puttick, seconded by
Alderman Hendershot, that the matter be referred to the Committee of Adjustment
for approval and that they be notified that the City does not oppose the variance.
The motion was Defeated with Aldermen Craitor, Cummings, Janvary, Susin, err,
Volpatti, voting contrary to the motion and with Aldermen Campbell, Hendershot,
Fisher, Puttick and Ward voting in favour and Alderman Pietrangelo abstaining from
the vote on a conflict of interest previously noted.
Following further discussion, it was moved by Alderman Janvary, seconded by
Alderman Susin that the matter be referred to staff to leek at and examine the rural
by-laws with respect to consolidation of standards. The motion Carried with
Alderman Pietrangelo abstaining from the vote on a conflict of interest previously
noted and with all others voting in favour.
PD-96-36 - Chief Administrative Officer- Re: Garner Neighbourhood; Procedure
for Secondary Plan Completion. The report recommends the following:
That staff be directed to proceed with the preparation of a secondary Plan for
the Garner Neighbourhood based on current Official Plan planning area
boundaries;
That any alterations to planning area boundaries for the Garner
Neighbourhood be subject to the completion of said secondary planning
studies.
The following speakers were in attendance: Mr. e~orge Hostick, Business
Development Advisory Committee & Chamber of Commerce Industrial
Committee Chairman; Mr. John Dunn, representing the City's C.A,E.R.
(Community Awareness & Emergency Response) Group; Mr. Tony Mueller
Plant Manager, Cytec Canada; Mr. Byron McWairter, Plant Manager, GEON
Canada; Sandre VanGrieken, Controller, Hodgson Custom Rolling Inc., and Mr.
Fred Paul, Paul Hynde & Associates.
All the speakers spoke in favour of the detailed planning process that would
not encroach the industrial lands.
During the discussion the Director of Planning and Development responded to
the concerns and advised that the Official Plan designated the residential planning
disticts; that Niagara Falls had a 25-year supply of residential lands and an
enormous supply of land for industrial purposes; discussed the issue of 'Y3hased
development'? and indicated that the purpose of the report was to have some
direction for staff to proceed with the preparation of a secondary plan.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that
the report be received and adopted. The motion Carried with Alderman Campbell
voting contrary to the motion and with a~ others voting in favour.
- 9 -
It was moved by Alderman Janvary, seconded by Alderman Pietrangelo, that
approval be granted to proceed past 11:00 p.m. Carried Unanimously.
PDo96-43 - Chief Administrative Officer- Re: Request for Extension to Draft Plan
Approval; Chippawa West Phase 1, 26T-92010 (Revised). The report
recommends the following:
That a Council resolution supporting a one-year extension to the Chippawa
West Phase I Plan of Subdivision be adopted conditional on the applicant
maintaining the appropriate subdivision sign on the property which complies
with Municipal and Regional requirements,'
2. That a copy of this report and the Council resolution be forwarded to the
applicant and the Regional Municipality of Niagara. ..
ORDERED on the. motion of Alderman Volpatti, seconded by Alderman Craitor, that
the report be received and adopted. The motion Carried with Aldermen Fisher and
Pietrangelo abstaining from the vote on conflicts of interest previously noted and with
all others voting in fayour.
DEPUTATIONS
Economic Development Strategy
Mr. George Waters, Chairman, Business Development Advisory
Committee, p~'ovided information on the expansion of the Advisory Board which
included representatives from the Chamber of Commerce and the Visitor and
Convention Bureau,' referred to the selection of a steering committee to address the
economic issues and opportunities in Niagara and of the need to form a partnership
of all the key stakeholders in the community by a common vision of economic
development and a commitment to effect implementation. Mr Waters advised of the
selection of KPMG Consultants to prepare an economic strategy report and
introduced Mr. Ron Buffet who discussed the selection of consulting expertise to
facilitate the process of information and opinion gathering; the identification of the
economic development issues and opportunities and the development of an agreed
upon economic strategy.
Mr. Buffet advised that a first draft would be assembled approximately June
19, f996 with the steering committee meeting with the KPMG Consultants, to
discuss the results with a preliminary report being presented to Council with a final
report being available in October, 1996. Mr. Buffet thanked members for the
opportunity to address Council.
Parkinn and Traffic Study for the Interim Casino Site
Mr. David Wheeler, 5234 Ontario Avenue provided a petition on behalf of the
residents in the area and expressed concerns with respect to the increase in vehicle
and bus traffic in the River Road and Ontario Avenue area; the noise levels and
safety of the children in the area.
Mr. Wheeler requested that consideration be given to restricting Ontario
Avenue and all of it's access roads to local traffic only, that "No Parking" and "Local
Traffic Only" signs be posted on the roads; and the re-opening of Bender Hill to
Victoia Avenue.
Following some discussion, it was ORDERED on the motion of Alderman
Campbell, seconded by Alderman Volpatti, that Mr. Wheelers petition be received
and that it be formally referred to the Ontario Casino Commission. Carried
Unanimously.
Mus~alRide
The matter was deferred to the next meeting of Council.
Canada Eml31oyment Centre for Students
The matter was deferred was deferred to the next meeting of Council.
COMMUNICATIONS
Communication No. f05 - Corporation of the City of Kingston, Department of
City Clerk - Re: Workfare. The communication advises that the City of Kingston
requests the Province to reconsider its position with respect to Workfare program
and that the Corporation of the City of Kingston is unwilling to serve as a pilot site
for Workfare in Ontario.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the matter be referred to staff. Carried Unanimously.
Communication No. 106 o Regional Niagara, Land Division Committee - Re:
Notice Procedure for Consent Applications. The communication requests Council
consideration to implement a procedure to give notice of applications by mail.
ORDERED on the motion of alderman Cummings, seconded by Alderman Fisher,
that the matter be referred to staff. Carried Unanimously.
Communication No. 107 - Mr. John Ross, 4608 Queen Street - Re: Ward System.
The communication requests that Council reconsider the Ward System in Niagara
Falls under SectiOn 13(3) of the Municipal AcL
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that
a report from the City Solicitor be provided on the matter. Carried Unanimously.
Communication No. 108 - Assessment Review Board - Re: Waiving of filing fees.
The communication responds to Council's resolution requesting that the Attorney
General instruct the Assessment Review Board to waive all filing fees for
assessment complaints in a municipality which is implementing market value
assessment for the first time and advising that Council's request cannot be granted.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the communication be received and filed. The motion Carried with
Alderman Craitor and Susin voting contrary to the motion and with aft. others voting
in fayour.
Communication No. f09 - Campaign Life Coalition - Re: Proclamation. The
communication requests Council proclaim the week of May 12 -19, 1996 as "Respect
for Life Week".
ORDERED on the motion of Alderman Campbell, seconded by Alderman
Henderehot, that the communication be received and filed. The motion Carded with
Aldermen Cummings, Janvary and Ward voting contrary to the motion and with aft
others voting in favour.
11
Communication No. rIO - Statistics Canada - Re: Census 1996. The
communication requests that Council proclaim the week of May 12 to 18, 1996 as
"Census Week"in Niagara Falls.
ORDERED on the motion of alderman Volpatti, seconded by Alderman Pietrangelo,
that the communication be received and filed. Carried Unanimously.
Communication No. fff - Gary Pillitteri, M.P., Niagara Falls - Re: Old Age
Pensions. The communication provides information on applying for old age
pensions.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot,
that the communication be received and filed. The motion Carried with Alderman
Craitor abstaining from the vote on a conflict of interest previously noted and with all
others voting in favour.
Communication No. 112 - Royal Canadian Sea Caret Corps f03 Niagara - Re:
50th Annual Inspection. The communication requests Council's attendance at the
50th Annual Inspection on June 1, 1996 at the Jack Bell Memorial Arena. ~
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
communication be received and filed. Carried Unanimously.
Communication No. f13 - Ministry of Citizenship, Culture and Recreation - Re:
1996 Senior of the Year Program. The communication requests the municipality's
participation in the 1996 Senior of the Year Program.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that
the matter be referred to Parks and Recreation and to the Senior Citizen's
Association. Carried Unanimously.
Communication No. fl4 - Mr. G.M. Hopkins, f4081 Sodom Road- Re: Enviro-
Ganics Ecological Systems Inc. Proposal. The communication expresses concerns
regarding Enviro-Ganics proposal for 4505 Baker Road.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that
the matter be recirculated and that an appropriate meeting be held. The motion
Carded with Alderman Susin abstaining from the vote on a conflict of interest
previously noted and with all others voting in favour.
Communication No. ff5 - Fallsview Area BIA - Re: Resolution. The
communication advises that the Fallsview Area BIA had forwarded a resolution to the
Minister of Economic Development Trade and Tourism requesting that the
Government of Ontario commission an independent study of the selected casino site
from a traffic, public safety and parking point of view; and that an independent study
be performed assessing the business impacts of parking in the U.S., the location for
the purpose of enhancing business in Niagara Falls; the impact of congestion and
shuttling on casino business.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick,
that the communication be received and filed, Carried Unanimously.
REPORTS
MW-96-79- Chief Administrative Officer- Re: Equipment Rental Tender4-96,
The report recommends that prices submitted by the Niagara contractore fo~: a
variety of equipment be accepted as required.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that
the report be received and adopted, Carded Unanimously,
- 12-
MW-96-80 - Chief Administrative Officer- Tender No. 7-96; Tires, Tubes & Repair
Service. The report recommends that the low bidder, Demol's Tire Service, Niagara
Falls, be awarded the tender for tires, tubes and repair service for the tendered price
of $25,262.38.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
MW-96-87 - Chief Administrative Officer - Re: Contract 96-04; 1996 Asphalt
Patching. The report recommends that the unit prices submitted by the low
tenderer, Northland Bitulithic Ltd., be accepted for the above contract and the
authorizing by-law be passed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-86
MW-96-89 - Chief Administrative Officer - Re: Tender for the Supply of Materials
and Services for Pavement Markings; Contract 96-06. The report recommends
that the low bid, 649799 o/a Provincial Maintenance be accepted, and that the byqaw
appearing on tonight's agenda be passed awarding the contract.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that
the report be received and adopted. Carded Unanimously.
See By-law No. 96-88
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti,
that the actions taken on the following matters by Community services Committee,
earlier this evening, be approved:
Approval of the Minutes of April 22, 1996 Community Services Committee
meeting;
MW-96-77- Changes to the Ontario Building Code - that the position of the
City of Windsor be endorsed in relation to the Consultation Paper on the
Focus of the Ontario Building Code; ~
MW-96-78- Residential Waste Facility at Landfill & MW-96-88 - Winter
Maintenance Expenditure Update - that the City not proceed with
establishment of a Residential Waste Facility adjacent to the landfill,' and that
the $100,000.00 Special Purpose reserve be reallocated to the Winter
Maintenance Accounts;
MW-96-81 - Local Improvement Rates Update - that the new rates for local
improvement works be adopted for 1996;
MW-96-84 - Building & Inspections Repo~t for the month of April 1996 - that
the Buildings 7 Inspections Report for April, 1996 be received and filed;
FD-96-04 - Fee for Use of Fire Department Training Facilities -' that fees for
use of the Fire Department'a Training Facilities be adopted,'
1996 Construction Schedule - that the information be received on the 1996
Construction Schedule - Alderman Susin - conflicL
- 13
8. New Business.'
That speeding incidents occurring on Huggins Street be referred to the
Parking & Traffic Committee for investigation;
That staff report on the condition of property on Lundy's Lane across
from Arby's Restaurant and that Mr. Cushing be advised of same.
The motion Carried with Alderman Susin abstaining from the vote on a conflict of
interest previously noted and with all others voting in favour.
The Director of Municipal Works and the Director of Community Services
provided a verbal update on the Interim Casino with regard to the Parking & Traffic
Study; the Opening of Bender Street Railway Crossing; the Temporary construction
and Permanent construction; the Infrastructure & Resource Assessment; the
Incremental Costs for Building Inspection; the Local Suppliers and Local Sub-
Contractors.
F-96-21 - Chief Administrative Officer- Re: Debenture By-law for Niagara Falls
Hydra. The report recommends that Council pass the by-law authorizing the
borrowing of $1,000,000 for the purpose of the Niagara Falls Hydra-Electric
Commission.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor,
that the report be received and adopted. Carried Unanimously.
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor,
that the actions taken on the following matters by the Finance Committee, earlier this
evening, be approved:
Adoption of the minutes of the April 1, 1996 meeting of the Finance
Committee;
FC-96-16 - Tender #6-96 - 1996 Tender for the Supply of Computer
Equipment - that the tender for the supply of Computer Equipment submitted
by the low tender Niagara Computes of Niagara Falls, in the amount of
$78,257.50 be accepted;
.3.
FC-96-17 - Municipal Accounts - that the concept of discussing municipal
accounts during the finance committee meeting be approved - Aldermen Orr,
Susin and Volpatti opposed;
That the municipal accounts totalling $1,089,287,83 for the period ending May
13, 1996 be approved - Alderman Susin opposed to Cheque No. 220637;
FC-96-18 - Assessment Roll Totals for 1996 Tax Levy - that the Assessment
Roll total for 1996 Tax levy be received for information;
FC-96-19 - Appropriations and Levying By-laws for the 1996 Tax Levy '- that
Council adopt the Appropriations and Levying By-laws for the 1996 Tax Levy -
Alderman Campbefl - conflict (employer has an interest); Alderman Susin
opposed;
6. · CD-96-26 - Estimated Cost of Agenda Package - that the report be received
and filed for information;
14-
L-96-17 - Municipal Statutory Reform - that Council adopt the resolution
attached as Attachment '~" and further that the said resolution be forwarded
to the Minister of Municipal Affairs and the he be requested to consider the
said resolution as he is preparing to introduce a new Municipal Act in 1996;
That Cheque No. 220588 payable to D.J. Penwarden Appraisals in the amount
of $2,086. 50 be appro veal;
That the $500.00 set up fee for the Chippaws Summerfest to be held on July
13, 1998 be waived;
10.
That staff prepare a report detailing the tax components of Bed and Breakfast
establishments and In-House businesses.
The motion Carried with Aldermen Orr, Susin and Vo/patti opposed to Report FC-96-
17; Alderman Campbell abstaining from the vote on a conflict of interest on Report
FC-96-f9; Alderman Susin voting contrary to the motion on Report FC-96-~9 and
with all others voting in fayour.
See By-law No. 98-99
See By-law No. 96-100
See By-law No. 96-101
See Resolution No. 32
CD-96-29 - Chief Administrative Officer- Re: 1996 Annual Conference
Association of Municipa~ties of Ontario. The report recommends the following:
That Council authorize the registration of Members wishing to attend the
Annual Conference of the Association of Municipalities of Ontario;
2. That Council, by resolution, appoint those five delegates who will be the City's
voting delegates to the conference.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, to
appoint Aldermen Puttick, Hendershot, Campbell, Craitor and Mayor Thomson as
voting members to the Association of Municipalities of Ontario Conference. The
motion CanYed with Alderman Orr voting contrary to the motion and with all others
voting in favour. ~..,
See Resolution No. 30
L-98.16 - Chief Administrative Officer- Re: Restrictions on Charity Casino
Events; Lottery & Bingo Licenoes. The report recommends that this report be
received for the information of Council.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot,
that the report be received and adopted. The motion Carried with Aldermen Craitor
and Susin abstaining from the vote on conflicts of interest previously noted and with
a~ others voting in fayour.
L-96-25 - Chief Administrative Officer- Re: Closing and Sale of part of Dixon
Street; East of Buchanan Avenue, The report recommends the fo~oWing:
That Council authorize Dixon Street, east of Buchanan Avenue, to be
established as a public highway;
That Council authorize staff to proceed with the closing of that part of Dixon
Street lying east of Buchanan Avenue, in accordance with the Municipal Act,
and to offer the said closed portion to abutting ownere for the appraised value.
15 -
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-90
L-96-26 - Chief Administrative Officer- Re: Establishment of Road Widening as
a Public Highway; Church's Lane, Part 1, 2 & 3 on Reference Plan 59R-9304.
The report recommends that a road widening, described as Parts 1, 2 & 3 on
Reference Plan 59R-9394, be established as a part of a public highway, to be known
as Church's Lane.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-91
L-96-27 - Chief Administrative Officer- Re: Closing and Sale of Rose Street;
Parts 1,2 & 3 on Reference Plan 59R-9438. The report recommends the following.'
That the road allowance known as Rose Street, designated as parts 1, 2 and '
3 on reference Plan 59R-9438, be established as a pubtic highway and
stopped up, closed and offered for sale, at the appraised value,'
That Transfers of Easements be granted to those utilities having existing
easements over the said street, prior to the transfer of/and,'
3. That the Mayor and Clerk be authorized to execute the said Transfers of/and
and Transfers of Easements.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman
Campbell, that the report be received and adopted. The motion Carried with
Alderman Janvary voting contrary to the motion; Alderman Volpatti abstaining from
the vote on a conflict of interest previously noted and with all others voting in fayour.
See By-law No. 96-97
See By-law No. 96-98
L-96-28 - Chief Administrative Officer- Re: Establishment of Road Widening as
a Public Highway; Prospect Street; Part f on Reference Plan 59R-9194. The
report recommends titat a road widening, described as part I on Reference Plan
59R-9194, be established as part of a public highway, to be known as Prospect
Street,
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ward, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-92
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the actions taken on the following matters by Committee of the Whole, earlier
this evening, be approved:
That Council authorize the Mayor and Clerk to enter into the personnel
agreement as discussed in Committee of the Whole;
#
That the offer to settle a matter for an unpaid tipping fee be rejected.
C. arried Unanimously.
16-
RESOLUTIONS
NO. 29 - WARD - CUMMINGS - BE IT RESOLVED THAT the Council of the
Corporation of the City of Niagara Falls, supports the 1996 Census and encourages
aft residents to complete their census forms on Tuesday, May 14, 1996, so that
accurate and complete data will be available to support programs and social services
that benefit us all.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 30 - HENDERSHOT- FISHER - BE IT RESOLVED THAT Mayor Wayne
Thomson, Alderman Wayne Campbell, Alderman Kim Craitor, Alderman Gary
Hendershot and Alderman Norm Puttick, be appointed as voting delegates to the
1996 Association of Municipalities of Ontario Conference, to be held on August 18 to
August 21, 1996;
AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Orr voting contrary to the motion and with all
others voting in favour.
NO. 3f - HENDERSHOT- VOLPATTI - WHEREAS the Province of Ontario has
indicated its intention to revise the Municipal Act, and WHEREAS current provisions
of the Municipal Act and the Occupier's Liability Act have shifted responsibility for
allocating municipal resources from taxpayers and their representatives to appointed
judges and have sizably increased the financial burden on municipalities at a time of
cutbacks and downsizing.
THEREFORE BE IT RESOLVED THAT the Provincial Government give
municipalities statutory protection against nuisance and liability claims arising from
municipal maintenance of roads, sewers, water pipes and municipal property and the
municipal inspection of private buildings; and FURTHER BE IT RESOLVED THAT
the appropriate provincial legislation be amended so that municipalities are not liable
on the basis of the performance of discretionary functions; systems of maintenance
or inspections of municipal property,' - provided that municipalities follow through on
their own systems as determined by Council,' failure to enforce a by-law; approval of
plans or inspection of buildings; the operation of public utilities, ditches and dams,'
accidents caused by snow or ice, unless the municipality is found to be grossly
negligent in its standard of care; tile obligations tor to repair roads and maintain
traffic signs and devices, since municipalities would have a discretionary obligation
rather than a statutory obligation to keep roads and traffic signs in reasonable repair,'
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 32 - VOLPATTI - CRAITOR - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby supports a one-year extension to the Chippaws
West Phase I Plan of Subdivision and that the Regional Municipality of Niagara be
so informed; conditional upon the applicant maintaining the appropriate subdivision '
sign on the property which complies with Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed.
Canfed Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that leave be granted to introduce the following by-laws and the by-laws be read a
first time:
96'86
A by-law to authorize the execution of an agreement with Northland
Bflulithic Limited respecting 1996 Asphalt Patching.
17 -
96-87
A by-law to authorize the execution of an agreement with Acres &
Associated Environmental respecting a study to undertake an
independent peer review.
96-88
A by-law to authorize the execution of an agreement with 649799
Ontario Limited operating business as Provincial Maintenance Inc.
respecting the supply of materials and services for pavement markings.
96-89
A by-law to amend By-law No. 78-23, being a by-law to designate the
Stamford Cottage located at 3360 St. Patrick Street of architectural
value and historical interest. (Report PD-96-26)
96-90
A by-law to estab~sh that part of Dixon Street, lying east of Buchanan
Avenue, as a public highway.
96-91
A by-law to establish a certain road widening as a pubtic highway, to be
known as part of Church's Lane.
96-92
A by-law to establish a certain road widening as a public highway, to bq
known as part of Prospect Street.
96-93
A by-law to amend By-law No. 79-200, as amended. (AM3/96, Imperial
oil)
96-94
A by-law to amend By-law No. 79-200, as amended. (AM6/96, River
Realty)
96-95
A by-law to authorize the borrowing of $1,000,000.00 for the purposes
of the Niagara Falls Hydro-Electric Commission.
96-96
A by-law to amend By-law No. 79-200, as amended. (AM8/96, 488745
Ontario Inc.)
96'97
A by-law to establish that part of Rose Street, lying east of St. Peter
Avenue, as a public highway.
96-98
A by-law to stop up and close part of Rose Street lying east of St. Peter
Avenue and to offer the said lands to the abutting owners at the
appraised value.
96-99
A by-law to fix the rates of taxation for 1996 and to provide for the
levying of taxes.
96400 A by-law to provide for the appropriations for the year 1996.
96-101 A by-law to authorize monies for General Purposes (May 13, 1996)
The motion Carried with Aldermen Cummings, Craitor, Pietrangelo, Janvary;
Campbell and Ward abstaining from the vote on conflicts of interest on By-law No,
96-101; Alderman Janvary opposed to By-law No. 96-96 and Alderman Susin voting
contrary to the motion on By-law No. 96-99 and 96-100; Alderman Campbell
abstaining from the vote on By-law Nos 96-99 and 96-100, on conflicts of interest
previously noted; Alderman Volpatti abstaining from the vote on By-law Nos. 96-97
and 96-98 on a conflict of interest previously noted and with all others voting in
favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Henderehot, that the following by-laws be now read a second and third time:
18-
96-86
A by-law to authorize the execution of an agreement with Northland
Bitulithic Limited respecting 1996 Asphalt Patching.
96-87
A by-law to authorize the execution of an agreement with Acres &
Associated Environmental respecting a study to undertake an
independent peer review.
96-88
A by-law to authorize the execution of an agreement with 649799
Ontario Limited operating business as Provincial Maintenance/nc.
respecting the supply of materials and services for pavement markings.
96-89
A by-law to amend By-law No. 78-23, being a by-law to designate the
Stamford Cottage located at 3360 St. Patrick Street of architectural
value and historical interest. (Report PD-96-26)
96-90
A by-law to establish that part of Dixon Street, lying east of Buchanan
Avenue, as a public highway.
96-91
A by-law to establish a certain road widening as a public highway, to be
known as part of Church's Lane.
96-92
A by-law to establish a certain road widening as a pubtic highway, to be
known as part of Prospect Street.
96,93
A by-law to amend By-law No. 79-200, as amended. (AM3/96, Imperial
Oil)
96-94
A by-law to amend By-law No. 79-200, as amended. (AM6/96, River
Realty)
96,95
A by-law to authorize the borrowing of $1,000,000.00 for the purposes
of the Niagara Falls Hydro-Electric Commission.
96-96
A by-law to amend By-law No. 79-200, as amended. (AM8/96, 488745
Ontario Inc.)
96-97
A by-law to establish that part of Rose Street, lying east of St. Peter
Avenue, as a public highway.
96'98
A by-law to stop up and close part of Rose Street lying east of St. Peter
Avenue and to offer the said lands-to the abutting owners at the
appraised value.
96-99
A by-law to fix the rates of taxation for 1996 and to provide for the
levying of taxes.
96-100 A by-law to provide for the appropriations for the year 1996.
96-101 A by-law to authorize monies for General Purposes (May ,13, 1996)
The motion Carried with Aldermen Cummings, Craitor, Pietrangelo, Janvary,'
Campbell and Ward abstaining from the vote on conflicts of interest on By-law No.
96-101; Alderman Janvary opposed to By-law No. 96-96 and Alderman Susin voting
contrary to the motion on By-law No. 96-99 and 96-100; Alderman Campbell
abstaining from ~e vote on By*law Nos 96-99 and 96-100, on conflicts of interest
previously noted; Alderman Volpatti abstaining from the vote on By-law Nos. 96-97
and 96-98 on a conflict of interest previously noted and with all others voting in
fayour.
I
19 -
NEW BUSINESS
Landfill Site
Alderman Judy Orr requested information from the City So~citor respecting a
wrongdoing at the landfill site and was provided information by the City Solicitor on
the process that deals with such matters.
Honq Konn Veterans
Alderman Norm Puttick referred to the issue of Canada's Hong Kong veterans
being denied compensation from the Federal government for time spent in Japanese
slave labour camps during World War II. Alderman Puttick referred the matter to the
Mayors Office to formulate a resolution and submit the concerns to our Member of
Parliament.
Kitchener Street Parkinn
Alderman Wayne Campbell referred to a complaint received from a resident
regarding unequal treatment for the use of the Kitchener Street parking lot during a
recent Frank/in Graham event.
Our Lady of Peace - Peace Pole
Alderman Shirley Fisher informed that Mr. Taken Souma, representative from
Kawada City, Japan had brought the Peace Pole to Ottawa and dedicated it to Our
lady of Peace. She indicated that the Shrine of Our Lady of Peace was honoured
and chosen to receive the Peace Pole for Canada.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that a
letter of congratulations be forwarded to the Shrine of Our Lady of Peace. Carried
Unanimously.
Nianara Falls Blossom Festival
Alderman Pat Cummings referred to the Niagara Fails Blossom Festival that
had been held on May 11, 1996 and thanked Mayor Thomson and members of
Council for their participation.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Campbell, that a letter of congratulations be forwarded to the Niagara Regional
Police for their win in the Tug of War event and that a letter of appreciation be
f(~rwarded to Niagara Promotions for their efforts in the event, Carried Unanimously.
Prolect Share Annual Meetinq
Alderman Selina Volpatti referred to the Project Share tickets provided to
members of Council, courtesy of Project Share Board members for the annual
meeting of Project Sham.
- 20 -
Bi-Weeklv Counc~ Meetin~ls
Alderman Se/ina Volpatti expressed concerns with respect to holding bi-
weeMy Council meetings and to the time schedule. She was advised by Mayor
Thomson that special meetings of Council could be held if it was deemed necessary.
Niagara Falls Humane Society Summer Lottery
Alderman Paisley Janvary referred to the First Annual Summer Lottery being
. held by the Niagara Falls Humane Society and advised that tickets were still
available for those who wished to purchase them.
Correspondence from Minister of National Revenue
His Worship Mayer Thomson referred to correspondence forwarded to the
Minister of National Revenue, the Honourable Jane Stewart, on concerns of
increased traffic congestion on the Niagara Falls International Bridge that will be
created as a result of the casino. He advised that he was very pleased to see a
Minister who was so diligent and accessible with respect to the concerns expressed.
Speedin~ Vehicles alon~t Lvons Creek Road
His Worship Mayor Thomson commented on the issue of speeding vehicles
along Lyons Creek Road and suggested that the matter be referred to the Regional
Police for increased enforcement.
ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
FIFTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
May 27, 1996
Council met on Monday, May 27, 1996 at 5:30 p.m. in Committee of the
Whole. All members of Council were present. Alderman Wayne Campbell presided
as Chairman.
Following consideration of the items presented, the Committee of the Whole
reported in open session.
READ AND ADOPTED,
'i2'i6
REGULAR COUNCIL
Council Chambers
May 27, 1996
Council met on Monday, May 27, 1996 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council were present.
Alderman Pat Cummings offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Campbell and Janvary indicated pecuniary interests on Cheque No.
221127 because the recipient is their employer.
Alderman Campbell indicated a pecuniary interest on the Casino Gaming
Committee Report with reference to the SkyIon Tower, because members of his
family are employed by the SkyIon Tower.
Alderman Craitor indicated a pecuniary interest on Cheque Nos. 221166 and
221141 because the recipient is his spouse's employer,* and indicated a pecuniary
interest on Report Nos. CD-96-30, CD-96-31, CD-96-32 because he is involved with
an organization that operates bingos; and indicated a pecuniary interest on Cheque
No. 22f163, beoause he sits on the Board as a volunteer member.
Alderman Cummings indicated a pecuniary interest on Report Nos. CD-96-30,
CD-96-31, and CD-96-32, because he is a member of an association that deals with
bingos; and indicated a pecuniary interest on Cheque Nos. 221166 and 221141,
because a member of his family is employed by the Region.
Alderman Pietrangelo indicated a pecuniary interest on Cheque Nos, 221127,
and on Communication No. 117 because his employer is involved.
Alderman Susin indicated a pecuniary interest on Report Nos. CD-96-30,
CD-96-31 and CD-96-32 because members of his family are involved with an
organization that deals with bingos.
Alderman Ward indicated a pecuniary interest on Cheque No. 221094,
because a family member is employed by the organization; and Cheque No. 221060,
because he has a business interest.
PRESENTATIONS
Winners of the Sutheriand Cup
His Worship Mayor Thomson congratulated and presented a tokens of
appreciation to the Jr. "B" Canucks team, Nathan Handrahan; Mike Tiller; Paul
Barrington; Pat Paone; Jason Lynch; Paul Cartar; Pat Sica; Larry Lavallee;
Jamie Gallucci; Dartyl Teutenberg; Peter Akiwenzie; Dora Degiorgio; Dustin
McArthur; Chris Mackenzie; Dora Pallstore; Joe Solomon; Paul Parkin; Jeff
Bruneau; Don Margettie; Walter Burrift; Dale Greenwood; Tom Stewart and
Brian Kerr, winners of the Suthedand Cup (Emblematic of Provincial Jr. "B"
Hockey Championship) and to Head Coach, Terry Masterson; Assistant Coaches,
Fred Sacco, Larry Patton; Robert Chudobiak; John Pagetto; Assistant Manager,
Tim Masterson and Trainers, Gus Crescenzi, Paul Bruneau and Mike Mitroff.
Financial Assistance for Olympic Athelete(s)
His Worship Mayor Thomson introduced Mr. Mike Stranges and commented
that Mr. Stranges will be representing Canada at the Olympics in Atlanta in the
Boxing event and providing financial support to the Niagara Falls Olympic Athletes
in 1996.
Alderman Pat Cummings stated that Mike Strenges would be representing the
City of Niagara Falls at the Olympics and offered a challenge to the community's
organizations and clubs to provide financial support; and presented a cheque, as a
kick off, in the amount of $1,000 on behalf of the Stamford Centre Volunteer
Firefighters to Mike Stranges. ~
Alderman Hendershot referred to the upcoming Mike Stranges Fundraiser
event to be held on June 20, 1996 at the Optimist Youth Hall at 5 p.m. and invited
everyone to attend.
His Worehip Mayor Thomson referred to a motion passed by the Recreation
Commission and requested that Council approve the financial assistance.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo,
that the Recreation Commission strongly supported providing Mike Stranges and
Cory Siermachesky with financial assistance in the amount of $1,000 each to assist
them in their quest for the Olympic Gold. Carded Unanimously.
- 3-
DEPUTARONS
Casino Issue
Mr. Ted Salci, President, Chamber of Commerce discussed the
opportunities that the casino would bring to Niagara Falls and confirmed the support
of the Chamber of Commerce of the Ontario Casino Corporation's decision for a
casino in Niagara Falls.
Mr. George Waters, Business Development Advisory Board expressed
appreciation to the Ontario Casino Corporation, and to the Province for their decision
to allow a casino in Niagara Falls. He indicated that the casino would provide an
opportunity for job creation in Niagara Falls.
Mr. Wayne Hardwick, Niagara Falls District & Labour Council indicated that
the casino would provide jobs and development opportunities in Niagara Falls and
expressed appreciation to the Casino Corporation for granting a casino to Niagara
Falls.
Mr. Tony Zappitelli, Sheraton Fallsview stated that it was up to the tourism
industry to take advantage of the interim casino; referred to the formation of a task
force which consisted of representatives from the Visitor and Convention Bureaus
from both sides of the border along with government leaders and tourism operators;
referred to the holding of the Gateway Expo Conference; and advised that the
tourism industry wishes to work with the Ontario Casino Corporation and the
Provincial government to help promote the interim casino through co-operative
advertising and infrastructure development and a quality transportation service. Mr.
Zappitelli expressed appreciation to Mr. Bart Maves, MPP for creating an awareness
of Niagara Falls and indicated that Niagara Falls was a world-class attraction and
should be made a world-class destination.
Mr. Dante Marinelit indicated that Council take on a leadership role with the
citizens of Niagara Falls and the tourism industry; stated that the negative features
of an interim casino should be eliminated and that the positive features be pursued;
referred to the interim casino process and advised that the decision for an interim
casino was not reversible. Mr. Marinelit suggested Council take a leadership role
with the Visitor and Convention Bureau and the Ontario Casino Corporation in order
that the marketing of the interim casino will result in the maximum benefit to the
industry; and to examine that the aims and objectives have been prepared to ensure
they are reflective of what the community should receive from the permanent casino
initiative.
Mr. Marinelit requested that Council unanimously pass the resolution as
presented in the report to send a clear message to the Ontado Casino Corporation
and the provincial officials that Niagara Falls intends to take the opportunity for
development and job creation in the City.
Mr. Andy Rothwell advised that he was presently enrolled in a casino
program and stated the City was very fortunate in being chosen to have a casino in
Niagara Falls.
His Worship Mayor Thomson declared a conflict of interest in the matter and
relinquished the Chair.
-4-
Alderman Bruce Ward assumed the Chair.
Alderman Norm Puttick, Chairman of the Casino Gaming Committee reviewed
the resolution as set out in the report and referred to correspondence from the
Victoria Avenue Property and Business Owners Association supporting the process
and the decision of the Ontario Casino Corporation for an interim site.
Following some discussion, it was noted that the suggested amendments be
made to the resolution as outlined in the report.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Pierrange/o,
that the report be received and adopted as amended. The motion Carried with
Alderman Campbell abstaining from the vote on a conflict of interest, and with all
others voting in favour.
NO. 33 - PUTTICK - PIETRANGELO - BE IT RESOLVED that the Corporation of the
City of Niagara Falls accepts, the decision of the Ontario Casino Corporation of April
15, 1996 with respect to an interim casino; and that we get on with the
implementation of this decision for the betterment of the citizens of Niagara Falls.
AND the Seal of the CorpOration be hereto affixed.
The motion Carried with Alderman Campbell abstaining from the vote on a conflict of
interest and with all others voting in favour.
H~ Worship Mayor Thomson resumed the Char
Royal Canadian Mounted Pofice Musical Ride
Alderman Kim Craitor thanked members of Council for their resolution of
support that was instrumental for the Niagara Falls Distfct and Labour Council to
host the musical fide and introduced Co-Chair, Janice Kelty and Constable Dean
Dixon, a member of the Royal Canadian Mounted Police to Council.
Constable Dean Dixon advised that the Musical Ride w~s being held on
September 14, 1996.which was to include a group of 32 precision riders performing
to music and invited everyone to attend.
Ms. Janice Kelty indicated that the proceeds from the event would be going tO
local chafty and thanked members of Council for their support.
Commemorative Casino Coin
Mr. Ted Salci, President, Chamber of Commerce spoke to the matter of a
commemorative coin being minted by the Chamber of Commerce, in honour of the
· casino in Niagara Falls and distfbuted a copy representative of the proposed coin to
members of Council. '
- 5 -
Canada Employment Centre for Students
Alderman Kim Craitor introduced Mr. James McEwan, Manager, Canada
Employment Centre for Students, who provided information on the Student
Employment Centre; the services provided to the students and to the employers;
reviewed the planned promotional activities; discussed the "Hire a Student Day"
program and the annual golf tournament to be held on June 26, 1996 and thanked
members for the opportunity to address Council.
Community Protest
Ms. Pam Jones provided information on a community protest being arranged
outside the Greater Niagara General Hospital with regard to the Greater Niagara
General Hospital Board members decision to the hiring of an American Consulting
firm E. C. Murphy Consultants, to streamline the hospital and Americanize. Ms.
Jones advised that the protest would be held on Thursday, May 30, 1996 at 4 p.m.
His Worship' Mayor Thomson thanked Ms. Jones for her presentation.
Campaicln Life Coalition - Nianara
Ms. Cindi Loforti, President, Campaign Life Niagara, provided a brief
history of the organization; reviewed the services offered by the organization and
requested that Council reconsider the proclamation to proclaim the week of June 2
to 9, 1996 as "Respect for Life Week" in the City of Niagara Falls.
ORDERED on' the motion of Alderman Puttick, seconded by Alderman Susin, that
June 2 to 9; 1996 be proclaimed as "Respect for Life Week" in the City of Niagara
Falls. Carried Unanimously.
Rickshaws
Mr. Gfier Salter distributed a "Proposal to Introduce the Rickshaw to Niagara
Falls" to members of Council. Mr Salter reviewed the proposal with respect to the
types of Rickshaws; Why the Niagara Falls area; the Riverside Rickshaw Training
Program and requested Councirs approval to provide a "Rickshaw Transportation -
Service" in Niagara Falls
Following some discussion, it was ORDERED on the motion of Alderman
Ward, seconded by Alderman Campbell, that the matter be referred to staff for a full
report. The motion Carded with Alderman Puttick voting contrary to the motion and
with all others voting in favour.
COMMUNICATIONS
Communication No. t16 - Mr. Claude Haggerry - Re: Exotic Animal By-law. The
communication requests Council grant permission for an exemption to By-law No.
95-237 regarding exotic animals. - AND - Communication No. 117 - Alex Glen,
Manager, Niagara Falls Humane Society. The communication advises that the
Humane Society does not see any problem with granting Mr. Haggerty an
exemption.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Campbell, that the request for an exemption be approved subject to Mr. Haggerry
completing an application form and filing with the City Clerk. The motion Carried
with Aldermen Cummings, Susin and Volpatti voting contrary to the motion and with
all others voting in favour.
Communication No. 118 - Welland County Roman Catholic Separate School
Board- Re: Board representative - Niagara Falls Public Library Board. The
communication requests that Mr. Guy Prata be appointed as Board representative to
the Niagara Falls Public Library Board.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that
the request be supported. The motion Carded with Alderman Pietrangelo abstaining
from the vote on a conflict of interest previously noted and with all others voting in
favour.
See By-law No. 96-111
Communication No. 119 - The Town of Richmond Hill- Re: Resolution. The
communication requests Council endorse a resolution petitioning the Provincial
government to ensure that elimination of "soft' services from the development charge
process not be included in any proposed amendments to the Development Charges
Act.
ORDERED on the motion of Alderman Volpafii, seconded by Alderman Susin, that
the request be supported. Carded Unanimously.
Communication No. 120 - Filipino-Canadian Association of Niagara - Re:
Proclamation. The communication requests Council proclaim June 12, 1996 as
"Philippine Independence and Heritage Day".
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that
the request be supported. Carded Unanimously.
Communication No. 121 - The Arthritis Society - Re: Residential Campaign for
month of September. The communication requests permission to have a flag raising
ceremony on September 4, 1996 at 11 a.m. at City Hall and that the flag be flown for
the month of September, to further raise the awareness of The Arthritis Society and
National Arthritis Month.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that
the request be approved subject to established policy. Carried Unanimously.
Communication No. 122 - Niagara Falls - Fort Erie Real Estate Association - Re:
Method of Sale of City-owned Properties. The communication requests Council to
consider placing properties that the City intends to sell on their MLS system.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the matter be referred to staff. Carded Unanimously.
Communication No. 123 - United Way of Niagara Falls - Re: Annual Media Slo-
Pitch ToumamenL The communication requests Council consider the tournament as
a "Community Event" being held on August 16th, 17th, and 18th, 1996 at the
Optimist, Palmar and Mulhem Parks.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the request be appraved subject to other commentin~l agencies.
Carded Unanimously,
REPORTS
MW-96-93 - Chief Administrative Officer- Re: Licence Agreement with C.N. Real
Estate for a Rail Crossing of a Storm Sewer on Kalar Road. The report
recommends that the by-law appearing on tonighrs agenda be given the necessary
readings to authorize the execution of a licence agreement with Canadian National
Railway Company for the storm sewer installation on Kalar Road.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ward, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-110
MW-96-94 - Chair, Municipal Parking & Traffic Committee - Re: Parking and
Traffic Recommendations from Parking and Traffic meeting of May 21, f996.
The report recommended the following:
Criminal Hall of Fame - Request to Dark Old Fashioned Vehicle - that the by-
law appearing later on tonight's agenda, granting approval to park an old
fashioned vehicle on the sidewalk in front of the Criminal Hall of Fame (5751
Victoria Avenue), from May 18, 1996 to October 14, 1996, be approved;
MW-96-68 - Ollver St. - Sacred Heart School. Barker St.- Battlefield School -
Area Parking Review-
That the existing "No Stopping" area, 8:00 a.m. - 4:30 p.m., Monday through
Fdday on the north side of barker St. from the east limit of
Battlefield School to the west limit of Battlefield School be revised to "No
Stopping" at any time;
That the existing 15 minute parking area on the north side of Barker St. from
the east limit of Battlefield School to Main St. be revised to reflect "No
Parking" at any time;
That the f5 minute parking zone at Sacred Heart School be replaced with a
"No Parking" 8:00 a.m. to 4:30 p.m. Monday to Friday zone;
That the Commissionaires be requested to regularly monitor the parking
conditions at both Sacred Heart School and Battlefield School
MW-96-82 - Fraser Street - Parkinq Restriction - that parking be restricted to
permit holders only, on the north side of Fraser St. from a point 15m east of
the west limit to a point 46m east of the west limit;
MW-96-83 - Bucklev Avenue - Parking Restriction Modification - that the
existing parking restriction on the west side of Buckley Avenue from Huron St.
to a point 45m southerly be revised to allow two hour parking between 9 a.m.
to 4 p,m., Monday to Friday;
5:
MW-96-85 - Ellis Street - Proposed Parking Restriction - that two hour parking
be permitted on both sides of Ellis St. from Crysler Avenue to St. Lawrence
Avenue between the hours of 9:O0 a,m, and 4:00 p.m., Monday through
FlYday;
MW-96-86 - Lewis Avenue at SIster Avenue (Magdalen St.) - All Way Stop
Request - that an all way stop be installed at the intersection of Lewis Avenue
and SIster Avenue/Magdalen Street,
- 8 -
- 9 -
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman
Ward, seconded by Alderman Craitor, that approval be granted automatically each
year to the request to park an old fashioned vehicle on the sidewalk in front of the
Criminal Hall of Fame. The motion Carried with Aldermen Susin and Orr voting
contrary to the motion and with all others voting in favour.
See By-law No. 96-105
See By-law No. 96-108
See By-law No. 96-109
MW-96-96 - Chief Administrative Officer- Re: Appointment of Inspector-
Anthony Boncori. The report recommends that Anthony Boncori be appointed as
an Inspector pursuant to the Building Code Act 1992 and that By-law 93-283 be
amended accordingly.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously
See By-law No. 96-114
R-96-32 - Chair, Environmental Planning & Greening Committee - Re: Actions
Stemming from the Environmental Planning & Greening Committee of May 15,
1996. The report recommends that Council endorse the actions stemming from the
Environmental Planning & Greening Committee Meeting of May 15, 1996.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that
the report be received and adopted. Carried Unanimously.
Alderman Campbell referred to the Orehard Grove Plan of Subdivision
Streetscape and the continuation of a fence along Kalar Road to the noise
attenuation barrier to Hodgson Steel
Following the discussion, it was ORDERED on the motion of Alderman
Campbell, seconded by Alderman Volpatti, that the matter of the Orchard Grove
fencing along Kalar Road and the noise attenuation barriers b~ looked into. The
motion was Defeated with Aldermen Hendershot, Cummings, Pietrangelo, Janvary,
Susin, Puttick and Ward voting contrary to the motion and Aldermen Campbell,
Craitor, Fisher, Orr and Volpatti voting in favour.
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that the actions taken on the following matters by the Community
Services Committee, earlier this evening, be approved:
Adoption of the May 13, 1996 minutes of the Community Services Committee
meeting;
&
MW-96-90 - Establishment of a 3 metre reserve as a public highway - that the
0.3 meter reserve and the parcel of land at the west end of Booth Street be
established as a Public Highway known as Booth Street; and that the
triangular parcel of land at the west end of Booth Street be established as a
Public Highway, known as Booth Street;
MW-96-91 - Relinquishing Easement Rights - that the City abandon its
easement rights over a 1955 easement (former extension of Booth Street);
and a new easement be established over the relocated sanitary sewer more
accurately described as Parts 1,2, 3 and 4;
MW-96-92 - Amendment to the Development Charges By-law - that By-law
No. 91-267 be amended, be further amended by repealing the sun-set clause
30(b), which will extend the date of expiration from November 23, 1966
indefinitely or until a new by-law is enacted;
MW-96-95 - Hiring of Consultant for Bender Street Opening & Reconstruction
(Stage 1) for Interim Casino - that Delcan be hired to immediately proceed
with final design, tendering and construction administration for the Bender
Street Opening and Road Reconstruction Project to accommodate the Interim
Casino at Maple Leaf Village; and that the costs for Engineering Consulting
Services be covered by the Ontario Casino Corporation;
R-96-31 - Summer Ice Schedule - that the schedule for use of summer ice
hours at Stamford Memorial Arena be approved;
Verbal Information - Flood Relief (Weeping Tile/Sump Pump) Program - that
the upset limit for the City's contribution to the Weeping Tile/Sump Pump
Program be increased to $2,500.00;
8. New Business
Island at Stamford Centre - that staff prepare a report on hard surfacing
the island at Stamford Centre;
New Litfie Mississippi - that staff prepare a report on the status of the
New Little Mississippi project;
Tipping Fee Reimbursement Request - that Mrs. Roberts of 6502 Brock
Street, be granted reimbursement of tipping fees in the amount of
$26.00 - Opposed: Aldermen Volpatti and Ward;
d) Pedestrian Crossing Difficulties - Summer Street and Main Street - that
staff prepare a report regarding pedestrian crossing difficulties in the
area of Summer Street and Main Street.
Carried UnanimousIv.
See By-law No. 96-102
PD-96-45 - Chief Administrative Officer - Re: Application for Sidewalk Cafe:
SWC-1/96, Europa Cafe, 5061 Centre Street. The report recommends the
following:
That Council approve the above subject application for 160 sq. ~. sidewalk
cafe at 5061 Centre Street conditional upon: a) the licence and agreement be
renewed on a five-year basis; b) that the applicant obtain liability insurance in
the amount of $2 million; and c) that the applicant obtain all necessary
building and sign permits;
That the Mayor and Clerk be authorized to execute the agreement on behalf
of the City.
- 10-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor,
that the report be received and adopted. Carried Unanimously
See By-law No. 96-106
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that the actions taken on the following matters by the Finance
Committee, earlier this evening, be approved:
1. Adoption of the Minutes of the May 13, 1996 Finance Committee meeting;
FC-96-20 - Manual Cheque Processing and Cheque Release Prior to By-law
Adoption - that the report be received for information;
FC-96-21 - Tax Balances at April 30, 1996 - that the report be received for
information;
FC-96-22 - Amendments to the Borrowing by-law and Signing Authority By-law
- that the report be approved by City Council;
FC-96-23 - Municipal Accounts - that the Municipal Accounts totalling
$7,381, 144.88 for the period ending May 27, 1996 be approved - Aldermen
Craitor, Cummings, Campbell, Janvary, Pietrangelo and Ward, indicated
pecuniary interests on Cheque Nos. 221166; 221141; 221094; 221060;
221163; 221127.
Carried
See By-law No. 96-112
See By-law No. 96~113
See By-law No. 96-115
CD-95-30 - Chief Administrative Officer- Re: Eligib~ity Requirements for Lottery
Licensing in Niagara Falls. The report recommends the following:
1. That Council adopt the attached policy;
That all approvals for Monte Carlo events granted prior to the date of passage
of this policy remain in effect;
3. Any future applications for Bingo, Break-open or Monte Carlo licensing be
required to adhere to the attached policy.
ORDERED on the motion of Alderman Henderehot, seconded by Alderman Volpatti,
that the report be received and adopted. The motion Carried with Aldermen Craitor,
Cummings and Susin abstaining from the vote on conflicts of interest previously
noted and with all others voting in favour.
CD.96-31 - Chief Administrative Officer - Re: Cancellation of the 3:45 p.m. Bingo
Time Slot. The report recommends the following:
That the 3:45 p.m. - 6:00 p.m, bingo time slot be temporarily cancelled
immediately. The permanent status of this time slot to be determined in
conjunction with the complete review of the bingo market;
That all organizations who have conducted bingo in this time slot return to the
bingo waiting list in the position they were prior to this event.
11
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti,
that the report be received and adopted. The motion Carried with Aldermen Craitor,
Cummings and Susin abstaining from the vote on conflicts of interest previously
noted and with all others voting in favour.
CD-96-32- Chief Administrative Officer- Re: Bingo Operations in Niagara Falls,
Increase in Superjackpot Prize. The report recommends the following:
That the Super Jackpot games be approved for full card prizes not to exceed
$2,400 in the evening and lat night time slot and $1,500 in the afternoon time
slot;
2. That this change be effective July 1, 1996.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti,
that the report be received and adopted. The motion Carried with Aldermen Craitor,
Cummings and Susin abstaining from the vote on conflicts of interest previously
noted and with all others voting in favour.
L-96-29 - Chief Administrative Officer- Re: Establishment of Lyon's Parkway as
a Public Highway; Part 2 on Reference Plan 59R-9198. The report recommends
that part of Lots 19 and 20 Concession 3 in the former Township of Willoughby, now
in the City of Niagara Falls, designated as part 2 on Reference Plan 59R-9198, be
established as a public highway, to be known as Lyon's Parkway.
ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 96-104
L-96-31 - Chief Administrative Officer- Re: Sign Application, Ripley's Moving
Theatre; 4983 Clifton Hill. The report recommends that Council approve the
application for four wail signs, having a combined area of 1,027 square feet for
Ripley's Moving Theatre on the south and west side of the building at 4983 Clifton
Hill.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot,
that the report be received and adopted. Carried Unanimously.
L-96-32 - Chief Administrative Officer- Re: Sign Application, Rock Legends
Museum; 5020 Centre Street. The report recommends that Council approve the
application for a projecting sign having a height of twenty-nine feet for Rock Legends
Museum, 5020 Centre StreeL
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot,
that the report be received and adopted. Carded Unanimously.
RATIFICATION OF COMMITTEE OF THE WHOLE ACTION__S
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the actions taken on the following matters by Committee of the Who/e, earlier
this evening, be approved:
That the firm of Borden & Elliott be retained by the City to assist the City in its
negotiations with the Ontario Casino Corporation for the interim and permanent
casino in the City of Niagara Falls.
.Carried Unanimously,
12 -
RESOLUTIONS
NO. 34 - CUMMINGS- HENDERSHOT- BE IT RESOLVED that the Council of the
Corporation of the City of Niagara Falls hereby recognizes the United Way of
Niagara Falls' Annual Media SIo-Pitch Tournament event being held on August 16th,
17th and 18th, 1996 and designates the event as a "Community Event".
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 35 - CUMMINGS - CRAITOR - RESOLVED that the Council of the Corporation
of the City of Niagara Falls, at its meeting of May 27, 1996, approves the naming of
specific positions for certain Bank Accounts as foflows:
Banking Institution
Bank of Nova Scotia
Account # Name
377-10 Legal Operating
50385 }
50784 }
62081 }
62626 } In Trust for
65722 ) Electoral
66125 } Candidates
66524 }
66885 }
67288 }
All Other Various
Si,qninq Authorities
Mayor, City Solicitor
City Clerk; Acting City
Treasurer and Director of
Finance
Mayor,' Acting City
Treasurer and Director of
Finance
Bank of Montreal
1045-663 MasterCard
Mayor,' Acting City
Treasurer and Director of
Finance
Canadian Imperial
Bank of Commeme
26-09215
VISA/MasterCard
AND the Seal of the Corporation be hereto affixed.
Mayor,' Acting City
Treasurer and Director of
Finance
Carried Unanimous~
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor,
that leave be granted to introduce the following by-laws and the by-laws be read a
fitst time:
96'102
A by-law to amend By-law No. 91-267, as amended, being a by-law
respecting development charges.
96-103
A by-law to authorize the execution of an agreement concerning an
employment matter.
96-104
A by-law to establish Part 2 on Reference Plan 59R.-9.198, as a public
highway to be known as Lyon's Parkway.
96,105
A by-law to permit the parking of an antique car on the sidewalk in front
of The Criminal Hall of Fame business located at 5751 Victoria
Avenue.
- 13-
96-106
A by-law to authorize the execution of an agreement with Tom Cieslak,
Maria Cieslak and Dorothy Cieslak, c.o.b. Europa Cafe.
96-107
A by-law to amend By-law No. 79-200, as amended. (AM-29/96, Rose
City Plaza)
96-108
A by-law to amend By-law No. 89-2000, being a By-law to regulate
parking and traffic on City Roads (Parking)
96-109
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads (Stop Signs).
96-110
A by-law to authorize the execution of a Licence Agreement with the
Canadian National Raftway Company in respect to installing a
watermain on Kalar Road.
96-111
A by-law to amend By-law 94-303 providing for appointments to certain
Boards, Commissions and Committees.
96'112
A by-law to authorize the borrowing of TWENTY-THREE MILLION
DOLLARS for current expenditures for the year 1996.
96-113
A by-law that the Counc~ of the Corporation of the City of Niagara Falls
authorizes the naming of specific positions for certain Bank Accounts.
96-114
A by-law to amend By-law No. 93-283, being a By-law to appoint an
Inspector under the Building Code Act.
96-115 A by-law to authorize monies for General Purposes (May 27, 1996)
The motion Carried with Aldermen Hendetshot and Orr voting contrary to By-law No.
96-107; Aldermen Craitor, Cummings, Campbell, Janvary, Pietrangelo, and Ward
abstaining from the vote on By-law No. 96-115 on conflicts of interest previously
noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the following by-laws be now read a second and third time.'
96-102
A by-law to amend By-law No. 91-267, as amended, being a by-law
respecting development charges.
96'103
A by-law to authorize the execution of an agreement concerning an
employment matter.
96'104
A by-law to establish Part 2 on Reference Plan 59R-9198, as a public
highway to be known as Lyon's Parkway.
96-105
A by-law to permit the parking of an antique car on the sidewalk in front
of The Criminal Hall of Fame business located at 5751 Victoria
Avenue.
96-106
A by-law to authorize the execution of an agreement with Tom Cieslak,
Maria Cieslak and Dorothy Cieslak, c.o.b. Europa Cafe.
96-107
A by-law to amend By-law No. 79-200, as amended. (AM-29/96, Rose
City Plaza)
- 14-
96-108
A by-law to amend By-law No. 89-2000, being a By-law to regulate
parking and traffic on City Roads (Parking)
96-109
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads (Stop Signs).
96-110
A by-law to authotYze the execution of a Licence Agreement with the
Canadian National Railway Company in respect to installing a
watermain on Kalar Road.
96~111
A by-law to amend By-law 94-303 providing for appointments to certain
Boards, Commissions and Committees.
96-112
A by-law to authorize the borrowing of TWENTY-THREE MILLION
DOLLARS for cutTent expenditures for the year 1996.
96-113
A by-law that the Council of the Corporation of the City of Niagara Falls
authorizes the naming of specific positions for certain Bank Accounts.
96-114
A by-law to amend By-law No. 93-283, being a By-law to appoint an
Inspector under the Building Code AcL
96-I15 A by-law to authorize monies for General Purposes (May 27, 1996)
The motion Carried with Aldermen Hendershot and Orr voting contrary to By-law No.
96-107; Aldermen Craitor, Cummings, Campbell, Janvary, Pietrangelo, and Ward
abstaining from the vote on By-law No. 96-115 on conflicts of interest previously
noted and with all others voting in favour.
NEW BUSINESS
Hanuinq Flower Baskets
Alderman Judy Orr requested further information on the selection process and
responsibility for having flower baskets provided in Centennial Square. The Director
of Community Services stated that he would provide the information.
Fountain at VictoriaJPalmer
Alderman Norm Puttick referred to the matter of having a fountain at
Victoria/Palmer and Bender Hill and requested that the Mayor, the Chief
Administrative Officer and the Director of Community Services forward a letter to Mr.
Al~eri, of the Ontado Casino Corporation requesting that the Ontario Casino
Corporation pay for or share in the cost of installing a fountain at the entrance of
Victoria and Palmer Streets.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot,
that Mayor Thomson, the Chief Administrative Officer and the Director of Community
Services forward a letter to Mr. Alfieri, of the Ontario Casino Corporation requesting
that consideration be given to installing a fountain at the entrance of Victoria Avenue
and Palmer StreeL Carried Unanimously.
15 -
Canada Day Celebrations
Alderman Kim Craitor acknowledged the financial donations from various
organizations in the amount of $2,255.00 toward the Canada Day celebrations.
Miss N~oaraPaqeant
Alderman Pat Cummings referred to the Miss Niagara Pageant that had been
held on Thursday, May 23, 1996 and indicated that Miss Becky Dymtrow had been
crowned Miss Niagara; Miss Denise Compostella was the First Runner Up and Miss
Janotto Falk was the Second Runner Up.
Grand School OI3eninq
Alderman Shirley Fisher referred to the Mayor's attendance at the grand
opening of Notre Dame De Lajeunesse on Wilson Crescent and complemented his '
command of the French language.
54th Air Cadets - 126th Rvin~l Lancers
Alderman Fermino Susin referred to his attendance at the 54th Air Cadets,
126th Flying Lancers and of the achievements of the cadets.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings,
that a letter of congratulations be forwarded to the cadets on all their efforts and
achievements. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti,
that the meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
R. O. KALLIO, ACTING CITY CLERK
SIXTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
June lO, 1996
Council met on Monday, June 10, 1996 at 6:30 p.m. in Committee of the Whole.
All members of Council, were present. Alderman Kim Craitor presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
reported in open session.
READANDADOPTED,
PLANNING MEETING
Council Chambers
June 10, 1996
Council met on Monday, June 10, 1996 at 7:00 p.m. for the purpose of
considering Planning and Regular Business Matters. All members of Council, were
present. Alderman Shirley Fisher offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Selina Volpatti requested that the Minutes of May 27, 1996, under the
Ratification of Committee of the Whole Actions, be amended to indicate "that the firm of
Borden & Elliott be retained by the City to assist the City in its negotiations with the
Ontario Casino Corporation for the interim and permanent casino in the City of Niagara
Falls".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the Minutes of the Planning Meeting of May 13, 1996 be adopted as printed and
that the Minutes of the Regular Meeting of May 27, 1996 be adopted as amended.
Carded Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Craitor indicated pecuniary interests on Cheque Nos.
221471 and 221391 because members of their family are employed by the Region.
PRESENTA~ONS
1995-1996 City of Niagara Fails Environment Awards
His Worship Mayor Thomson and Alderman Paisley Janvary, Chairman of the
Environmental Planning and Greening Committee, congratulated and presented the
f995-1996 City of Niagara Falls Environment Award to Shirley Romanow, Kay
McNiven and Mario lafrate from the Eagle Valley Golf Course for beautifying the
landscape through the rehabilitation of a former sand quarry; and congratulated and
presented the 1995-1996 City of Niagara Falls Environment Award to Lillian
Henderson from the Friends of the Environment Foundation - Canada Trust for
providing assistance to further Environmental Conservation and Protection.
CURRENT PLANNING MATTERS
PD-96-48 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPCJ,/96, The TDL Group Ltd., NW corner of Portage Road and Front Street.
The report recommends the following:
That the application for site plan approval for tim Hortons restaurant, as shown
on the plan submitted by the proponent, be withheld;
That the appficant consider a re-design of the site plan in a manner more
consistent with the design of the alternative plan which is more in keeping with
the Official Plan Policies, Site Plan Policies and the intent of the Zoning by-Laws;
That the applicant consider a design for the building elevation in a form that is
more consistent with the architecture of the Village of Chippawa;
That the applicant satisfy the conditions of the Municipal Works Department
regarding the 6:1 extraneous flow quota.
His Worship Mayor Thomson received indication that Mr. Stewart Branscombe,
River Realty Development and Mr. Louie Buordolone, on behalf of the applicant, were in
attendance.
The Deputy Director of Planning and Development referred to the subject
property with the assistance of posted sketches and reviewed the following information:
on a Proposed Site Plan and an Alternative Site Plan; the Building Siting and
Architectural Style; the Parking Area; Zoning and Landscaping.
His Worship Mayor Thomson received a positive response to his request for a
show of hands by persons present who were interested in the appfication and who
wished to make comments to the application.
Mr. Gary Paterson, a Chippawa resident requested information with respect to
the proposed exits onto Front Street,
Mr. David Ovens, 3881 Front Street, was in attendance on behalf of the
residents on Front Street expressed concerns with respect to traffiq; signage and the
number of trees that would be cut down.
Ms. Patricla Fortier, referred to the preservation of the trees on the property;
distributed "Save the Trees" posters created by her Fourth Grade students to members
of Council and requested to be part of the planning process.
Me. Merle Caputo, 3899 Front Street expressed concams regarding the Front
Street exit and safety concerns with respect to speeding vehicles along a one-way
street.
Ms. Ann Peterson expressed concerns regarding the architectural integrity of
the "box" concept of the development.
Mr. Stewart Branscombe discussed and reviewed the following matters: the
setback requirements; thr re/ocation of the exit onto Front Street; the preservation of a
large portion of trees; seating arrangements to accomodate an unobstructed view of the
creek; the Region's request for road widening and moving of traffic lights in order to
accomodate the entrance. Mr. Branscombe advised that the proposal was a $1 million
investment in Chippawa.
Mr. Louie Buordolone reviewed the applicant's proposal and the proposal
prepared by the City's Planning Department and discussed the location and orientation
of the building; noise attenuation; the relocation of the access to the east side of Front
Street; the use of signalized lights; landscaping. Mr. Buordolone addressed the issue of
the building facade of grey brick and the use of a large amount of g/ass on the building.
Mr. Doug Embleton, Chippawa Business Association, advised that the
Association and the business community were in favour of the proposal and would like
to see the applicant located in that area.
The Deputy Director of Planning and Development responded to concems
regarding the site plan and advised that the site plan complied with the zoning in the
Official Plan Policies; he also indicated if Council turned down the proposal, that
legislation allowed the property owner to appeal to the Ontario Municipal Board; he
further indicated that the municipality does not have the architectural controls of a
building.
Following the discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Fisher, that the matter be deferred to allow for further discussion
on the issue. The motion Carried with Aldermen Campbell, Fisher, Janvary,
Pietrangelo, Susin, Ward and Mayor Thomson voting in favour of the motion and with
Aldermen Craitor, Cummings, Hendershot, Orr, Puttick and Volpatti voting against the
motion.
PD-96-49 - Chief Administrative Officer- Re: Zoning By-law Amendment
Application; AM-10/96, 151702 Canada Inc. (Suisha Gardens Restaurant); 5701 &
5743 Lewis Avenue. The report recommends the following:
That Council approve the application to permit a restaurant and ancillary retail
space to be established in the former E.H. Ferree Company Ltd. building and to
permit some of the customer parking to be provided on a separate parcel of land
in accordance with the revised site plan;
That Council adopt the amending by-law for the subject lands appearing in
Council~ agenda;
That the development of the lands be made subject to Site Plan Control to
ensure that they are developed in a comprehensive and sensitive manner and
that issues such as landscaping, fencing, internal garbage storage and on-site
bus circulation are addressed.
-AND -
Communication No. 124 - Director of Fire Prevention. The communication advises
that the subject application may require a Change in Use Permit and a Building Permit
in accordance with the Ontario Building Code,
- 4 -
-AND-
Communication No. f25 - Ministry of Environment and Energy. The communication
provides comments on the rezoning application with respect to assessment of building
and/or site as to whether the previous industrial use has rendered the building and/or
site contaminated. The communication further advises that the proponent be advised to
obtain more detailed information as to the requirements for site assessment and
compliance with the Ministry's Decommissioning Guidelines; and to obtain further
information concerning the need for environmental approvals pursuant to Section 9 of
the Environmental Protection Act.
His Worship Mayor Wayne Thomson declared the Public Meeting open and read
the procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on May 10, 1996.
His Worship Mayor Thomson received indication that Mr. Dante Marineill, was in
attendance on behalf of the applicant and received a positive response to his request
for a show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontado Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the following information included in
Technical Report No. PD-96-44; The Nature of the Amendment; Background; the
Official Plan; Physical Analysis; Nature of the Zone Change; Servicing; Environmental
Consideration and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of, or opposed to the
application.
Mr. Dino DeBenedetti, was in attendance on behalf of his parents residing at
5709 Lewis Avenue and indicated they were not in opposition to the application;
discussed the vehicle and bus parking in the area; requested information on the location
of the waste disposal facilities; fencing height; paving of the parking lot; and whether
sewage and drainage hookups were on the property line.
Mr. MarineIll informed that the location of the waste disposal facilities would be
located at the northeast corner of the property. He also advised that the phase f report
would be forwarded to the Ministry of the Environment for their response respecting
environmental concerns.
The Director of Municipal Works commented that servicing or relocation of the
sewers on the property would be looked at through the site plan process and that Mr.
DeBenedetti would have the opportunity to look at the site plan prior to final approval.
The Director of Planning and Development responded to concerns with respect
to zoning compliance, parking requirements; and advised them would be no impact on
the use of indust~fal buildings in a residentiaZ4ndusttYal area.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-10/96 closed,
ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that the
application be received and adopted. Carried Unanimously.
- 5 -
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that
the communications be received and filed. Carried Unanimously
DEPUTATIONS
Re-openin~l of Centennial Square
Ms. Crystal Haverstock, Downtown Board of Management, provided
information on the activities being held in conjunction with or coinciding with the re-
opening of Centennial Square; she advised that a music fest would take place on June
22, 1996 and sponsored by the Downtown Merchants, and requested that Council
waive the $400.00 street closure fee.
ORDERED on the motion of Aldermen Craitor, seconded by Alderman Hendershot, that
the $4OO. OO street closure fee be waived. Car/Yed Unanimously.
-AND -
Report R-96-34 - Chief Administrative Officer- Re: Re-opening of Centennial
Square and Dedication of the Peace Park. The report recommends that the report go
to Council for information.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the"
report be received and filed. Carried Unanimously.
MISCELLANEOUS PLANNING MATTERS
PD-96-46 - Chief Administrative Officer - Re: Proposed Site Plan Control By-law
for the City of Niagara Falls. The report recommends that Council approve the
proposed Site Plan Control by-law.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
PD-96-47- Chief Administrative Officer- Re: Housing Monitoring Report; f995
Executive Summary. The report recommends that this report be adopted and
distributed to the Ministry of Municipal Affairs and Housing and the Regional Niagara
Planning Department, and also be made available to the public, various agencies and
development community.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and filed. Carried Unanimously.
PD-96-50 - Chief Administrative Officer - Re: Modification Request to Official Plan
and Zoning by-law Amendments - Pine Tree Village. The report recommends the
following:
That Council approve a modification to the Official Plan and Zoning by-law
amendments to recognize 69 existing mobile homes (trailers) instead of the 70
units currently stated in the amendments;
2. That Council pass the attached resolution and forward same to the Ontario
Municipal Board.
ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Resol i n N . 37
PD-96-6f - Chief Administrative Officer - Re: Request for Removal of Part rot
Control; Southvlew Avenue, Lots 28 to 37; Registered Plan 59M-200. The report
recommends that Council not support the application for removal of part Lot Control for
Lots 28 to 37, Registered Plan 59M-200.
- 6-
- AND -
Communication No. 126 - Brian Sinclair, Q.C,, Sinclair, Crowe. The communication
advises that Kenmore Homes (1987) Inc. has advised the writer of their wish to table
the matter.
- AND -
Communication No. 127 - Kenmore Homes (1987) Inc. The communication requests
that the matter be removed from the agenda due to having received staff comments and
the need to have an opportunity to discuss the matter.
- AND -
'Communication No. f28a) Mr. & Mrs. Dukeshire, 7820 Windfield St.;
Communication No. f28b) Mr. & Mrs. Mike Quaranto, 7799 Parkview Crescent;
Communication No. 128c) Ms. Sarah Murray, 7741 Trackview Street. The
communications indicate having objections to the removal of part Lot Control from the
lots located within the Ascot Woods Extension No. 4 Plan of Subdivision, specifically
Lots 28 to 37 inclusive.
- AND -
Communication No. 129 - Mr. John Rizzo, 772f Windfield Street, The
communication advises as being in opposition to any change in the approved Plan of
Subdivision.
Mr. Brian Sinclair, requested that the matter be deferred, in order that the
app~cant, Kenmore Homes, can enter into further discussions to resolve some of the
concerns expressed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that
the matter be deferred. Carried Unanimously.
PD-96-52 - Chief Administrative Officer - Re: Request for Removal of Part Lot
Control; 7946/7950 Paddock Trail Drive; part of Blocks P & X, Plan N.S. 39. The
report recommends the following:
That Council approve the application and pass the appropriate by-law to
designate Part of Blocks P & X, Plan N.S. 39, as exempt from Part Lot Control;
2. That the applicant be required to notify the City when the separate deeds have
been registered in order for the by-law to be repealed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
PD-96-53. Chief Administrative Officer- Re: Zoning By-law Update. The report
recommends the following:
That staff be directed to prepare Terms of Reference necessary to update the
Zoning by-laws forthe City of Niagara Falls;
2. That the Zoning By-law update be referred to Finance Committee for 1997
budget deliberations.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that
the report be received and adopted, Carried Unanimously.
PD-96-54 - Chief Administrative Officer- Re: Parking within the Victoria Avenue
Tourist Area. The report recommends the following:
That Council amend the City's Cash-in-Lieu of Parking policy to reflect current
values in ~e Victoria Avenue/Ferry Street area;
- 7 -
That staff be directed to include the parking strategy as a component in Terms of
Reference for the Development and Design Strategy study and to seek funding
through OCC;
3. That no further extension of parking exemption areas be aftowed;
4. That the proponent be encouraged to investigate alternatives involving the
provision of some or all of the parking in an off-site lot.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously_,
COMMUNICATIONS
Communication No. 130- Town of Halton Hills- Re: Niagara Escarpment
Commission. The communication advises that the Town of Halton Hills expresses its
support for the Niagara Escarpment Commission as the single independent provincial
agency best suited to effectively interpret and administer the development criteria
contained within the Niagara Escarpment Plan.
ORDERED on the motion of Alderman Ward, seconded by AIderman Craitor, that the
communication be received and filed. Carried Unanimously.
Communication No. 13f - Mr, V. Pingue - Tolmex Homes - Re: Issue of building
permit. The communication requests Council consider the issuing of a building permit
for Ascot Woods, Lot #2 prior to registration of subdivision.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot
that the request be approved subject to the City's safeguard requirements. Carried
Unanimously.
Communication No. 132 - The North Daily Planet Tap & Eatery ~ Re: Special
Occasion Permit. The communication requests a special occasion event permit to hold
a Queen Street Music Festival to coincide with the re-opening of Centennial Square on
Saturday, June 22, 1996.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
request be approved. Carried Unanimously.
Communication No. 133 - Margaret McGregor - Re: Niagara Falls Humane Society.
The communication is a resignation as the City's representative from the Niagara Falls
Humane Society Board of Directors.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that the
resignation be accepted and that the vacancy be advertised with a request for
applications. Carried Unanimously.
Communication No. 134 - Niagara Promotion Association, Parade Chairman - Re:
1996 Blossom Festival Parade. The communication expresses appreciation to the City
and City staff for making the 1996 Niagara Falls Canada, Blossom Festival Parade so
successful.
ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that the
communication be received and filed for the information of Council. Carried
UnanimOusly.
Communication No. f35 - Team Niagara - Welcome Summer Together - Re: Bid for
Canada Games, 2001. The communication invites members of Council to attend public
announcement of Niagara's Bid for the Canada Games, 2001.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Cummings,
that the communication be received and filed for the information of Council..Carried
Unanimously,
-8-
Communication No. f36 - Ministry of the Environment and Energy - Re: Waste
Disposal Site. The communication requests comments on The Regional Municipality of
Niagare's Application to Amend Provisional Certificate of Approval No. A 1202 ~ 5 for a
Waste Disposal Site.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the matter be referred to staff. Carried Unanimously.
REPORTS
MW-96-98 - Chief Administrative Officer- Conditional Building Permit; Orchard
' Grove Subdivision; Fruitbelt Development. The report recommends that staff be
authorized to execute the conditional Building Permit Agreement between the City and
Fruitbelt Development and the by-law authorizing the same be approved.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
the report be received and adopted. The motion Carried with Alderman Janvary voting
contrary to the motion and with all others voting in fayour.
See By-law No. 96-117
MW-96-fOf - Chief Administrative Officer - Award of Tender 96-118-94; Shriner's
Creek W-5-2 Branch Watercourse System Improvements. The report recommends
that the unit prices submitted by the low tenderer, Stephens and Rankin Inc., be
accepted and the by-law be passed.
Miss Jean Grandoni distributed a copy of her concerns and comments to
members of Council for their review.
Following the discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Volpatti, that the matter be deferred and brought back to the
Municipal Works Committee in two weeks' time. Carried Unanimously.
R.96-33 - Chief Administrative Officer - Re: Willoughby Congregational Christian
Church Cemetery. The communication recommends the following:
f. That the City of Niagara Falls assume ownership and responsibility of the
Willoughby Congregational Church Cemetery (~ 3173 Ort Road), effective
January 1, f997;
2. That the City of Niagara Falls accept the transfer of the Church's Perpetuity Fund
in accordance with the Cemeteries Act (Revised).
ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
F-98-22 - Chief Administrative Officer- Re: Business Taxes on Tourist Homes and
Home Businesses. The report recommends that the report is for the information of.
City Council.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
report be received and filed for the information of Council. Carried Unanimously.
F-96-23. Chief Administrative Officer- Re: Municipal Accounts. The report
recommends that the accounts totalling $897,074.95 for the period ending June 10,
1996, be approved by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and adopted. The motion Carried with Aldermen Craitor and
Cummings abstaining from the vote on conflicts of interest previously noted and with aft
others voting in favour,
See By-law No, 96-125
- 9
F-96-24 - Chief Administrative Officer- Re: Rescinding of Resolution No. 35. The
report recommends to rescind the Resolution of the Council Number 35 for the naming
of specific positions for certain Bank Accounts.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously.
CD-96-33 - Chief Administrative Officer- Re: Location of Refreshment Vehicles.
The report recommends that Council pass the By-law appearing on the agenda to
amend Schedule 22 to By-law 76-~02.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that the
report be received and adopted. Carried Unanimously.
See By-law No. 96-119
L-96-33 - Chief Administrative Officer - Re: Petition re Ward System. 7he
communication recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the report be received and filed. Carried Unanimously_.
L~98-34 - Chief Administrative Officer - Re: Bongers Licence Agreement with the ~
City; N.S. Lundy'~ Lane, West of Garner Road. The report recommends that the City
of Niagara Falls enter into a Licence Agreement between Harry Bongers and the City
for the purpose of licensing certain lands to Mr. Bongers for agricultural use for an
annual fee of $400. O0 and the Mayor and Clerk be authorized to execute the said
agreement.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrengelo, that
the report be received and adopted. Carried Unanimously._
See By-law No. 96-148
L-96-35 - Chief Administrative Officer- Re: Lundy's Lane (John °s House of
Lighting,). The report recommends that this report be received for the information of
Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the report be received and filed for the information of Council and further, that a copy of
the report be forwarded to Arby's Restaurant. Carried Unanimously.
L-96-36 - Chief Administrative Officer - Re: Municipal By-law Enforcement; Officer
Appointment. The report recommends that Chfistopher Durdan be appointed as a
Municipal By-law Enforcement Officer for the purpose of enforcing the by-laws of The
Corporation of the City of Niagara Falls.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-law No. 96-12~
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor,
that the agreement dated June 6, 1996 between Ruth Redmond and the City of Niagara
Falls respecting Redmond Heights, be entered into and further that a by-law be passed
authorizing the Mayor and Clerk authorizing same. Carried Unanimously
RESOLURONS
NO. 36 - CUMMINGS - FISHER - WHEREAS Niagara Falls, currently, has only 37
General Practitioners for a population of over 75 000; and WHEREAS many City
residents are unable to find a family doctor able to take on additional patients; and
WHEREAS St, Catharines is also experiencing a shortage of general practitioners; and
10 -
11
WHEREAS many St. Catharines GP's do not have hospital privileges in Niagara Falls;
and WHEREAS there is a surplus of general practitioners in heavily urbanized centres
like Toronto; and WHEREAS many medical school graduates are leaving Ontario to set
up practice in the United States; and WHEREAS Ontario taxpayers are, in essence,
funding the training of doctors, who end up practicing in the United States; and
WHEREAS demand for medical services is increasing due to our aging population.
THEREFORE BE IT RESOLVED that the Ministry of Health designate Niagara Falls as
an underdoctored area; and FURTHER BE IT RESOLVED that the Ministry of Health
provide the requisite funding that accompanies such a designation; and FURTHER BE
IT RESOLVED that the Ministry of Health provide the necessary incentives to
encourage doctors to remain in the Province; and FURTHER BE IT RESOLVED that
the Ministry of Health provide the funding to ensure service delivery to the growing and
aging population of the Province.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 37- CUMMINGS - FISHER- WHEREAS on August 8, 1994, the Council for The
Corporation of the City of Niagara Falls approved of Official Plan Amendment No. 6,
recognizing 70 residential units in the form of trailer and mobile home units on the lands
owned by AIde and Corinne Giammattolo as a Special Policy Area and providing for
policies to govern the use of lands and to regulate ancillary uses; AND WHEREAS on
December 12, 1994, Council for The Corporation of the City of Niagara Falls passed
Zoning By-law Amendment No. 94-297, recognizing 70 residential units in the form of
trailer and mobile home units on the said lands; AND WHEREAS both the Official Plan
Amendment and the Zoning By-law Amendment are scheduled for a hearing before
Ontario Municipal Board on 25 June 1996 by reason of the objections of the Niagara
Escarpment Commission, which objections have OMB File Nos. R950052 and
0950197; AND WHEREAS one residential unit in the form of a trailer and mobile home
unit on the said lands has been removed, thereby reducing the number of existing trailer
and mobile home units on the said lands from 70 to 69; AND WHEREAS in October
1995, the Niagara Escarpment Commission issued a Development Permit to AIde and
Corinne Giammattolo to recognize 69 existing residential units in the form of trailer and
mobile home units on the said lands; AND WHEREAS AIde and Corinne Giammattolo
have agreed to the request of the Niagara Escarpment Commission that the Official
Plan Amendment and the Zoning Amendment By-law be modified to recognize 69
residential units in the form of trailer and mobile home units on the said lands in order to
advise the Ontario Municipal Board that the parties to the hearing agree to the
modification of the Official Plan Amendment and the Zoning Amendment By-law as
proposed; NOW THEREFORE BE IT RESOLVED that the Council for the City of
Niagara Falls approves of a modification to Official Plan Amendment No. 6 and Zoning
Amendment By-law No. 94-297 to recognize 69 residential units in the form of trailer
and mobile home units rather than 70 such units on the lands owned by AIde and
Cofinne Giammattolo; AND FURTHER THAT this Resolution be forwarded to the
Ontario Municipal Board; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 38 - FISHER - CAMPBELL - RESOLVED that Alderman Norm Puttick be
appointed acting Mayor for the period of June 15, 1996 to June 22, .I 996 inclusive;
during the absence of His Worship Mayor Wayne Thomson.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimouslj(
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
96-116 A by-law to designate certain land not to be subject to part lot control.
96-117
A by-law to authorize the execution of a conditional permit agreement with
800460 Ontario Limited respecting the construction of eight (8) unserviced
single-family dwellings prior to registration of the Subdivision Agreement.
96-118
A by-law to authorize the execution ofa licence agreement with Harry
Bongers for the purpose of permitting Mr. Bongers to use certain land for
agricultural purposes.
96-119
A by-law to amend Schedule 22 of By-law No. 76-102, as amended, being
a Schedule in respect of the issuance oflicences for refreshment vehicles.
96-120
A by-law to designate the whole of the City of Niagara Falls as a site plan
control area, to define the classes of development that may be undertaken
without the approval of plans and drawings and to delegate to an
appointed officer of the municipality some of the powers or authority of
CounCil permitted under section 4 1 of the Planning Act, as amended.
96-121
A by-law to amend By-law No. 95-86, being a by-law to appoint municipal
by-law enforcement officers for the City of Niagara Falls.
96-122
A by-law to amend By-law No. 79-200, as amended. (Suisha Gardens
Restaurant, AM-10/96).
96-123 WITHDRAWN
96-124
A by-law to amend By-law No. 85-238, respecting the classes of
development that may be undertaken in site plan control areas without the
approval of plans and drawing otherwise required under subsection 4 or
subsection 5 of section 41 of the Planning Act.
96-125 A by-law to authorize monies for General Purposes (June 10, 1996).
96-126 A by-law to authorize the execution of an agreement with Ruth Redmond
respecting the acquisition of the lands and premises for the development
of a Heritage Park to commemorate the Battle of Lundy's Lane.
The motion Carried with Aldermen Craitor and Cummings abstaining from the vote on
By-law No. 96-125 on conflicts of interest previously noted and with a~ others voting in'
favour.
-ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the following by-laws be now read a second and third time:
96-116 A by-law to designate certain land not to be subject to part lot control.
96-117
A by-law to authorize the execution of a conditional permit agreement with
800460 Ontario Limited respecting the construction of eight (8) unserviced
single-family dwellings prior to registration of the Subdivision Agreement.
96-118
A by-law to authorize the execution ofa licence agreement with Harry
Bongers for the purpose of permitting Mr. Bongers to use certain land for
agricultural purposes.
96-119
A by-law to amend Schedule 22 of By-law No. 76-102, as amended, being
a Schedule in respect of the issuance of licences for refreshment vehicles.
12-
96-120
A by-law to designate the whole of the City of Niagara Falls as a site plan
control area, to define the classes of development that may be undertaken
without the approval of plans and drawings and to delegate to an
appointed officer of the municipality some of the powers or authority of
Council permitted under section 41 of the Planning Act, as amended.
96'121
A by-law to amend By-law No. 95-86, being a by-law to appoint municipal
by-law enforcement officers for the City of Niagara Falls.
96'122
A by-law to amend By-law No. 79-200, as amended. (Suisha Gardens
Restaurant, AM-10/96).
96-123 WITHDRAWN
96'124
A by-law to amend By-law No. 85-238, respecting the classes of
development that may be undertaken in site plan control areas without the
approval of plans and drawing otherwise required under subsection 4 or
subsection 5 of section 41 of the Planning Act.
96-125 A by-law to authorize monies for General Purposes (June 10, 1996).
96-126 A by-law to authorize the execution of an agreement with Ruth Redmond
respecting the acquisition of the lands and premises for the development
of a Heitage Park to commemorate the Battle of Lundy's Lane.
The motion Carried with Aldermen Craitor and Cummings abstaining from the vote on
By-law No. 96-125 on conflicts of interest previously noted and with all others voting in
favour.
NEW BUSINESS
Congratulations to New Grandfather
Alderman Shirley Fisher congratulated Mayor Thomson and his family on the
birth of his grandson on June 7, 1996.
Young Offenders Act
Alderman Norm Puttick referred to the newspaper articles on the recent acts of
vandalism at the historic Drummond Hill cemetery and requested that a letter along with
the clippings of the newspaper articles be forwarded to the Solicitor General's Office
and the Attorney General's Office in support of having the Young Offender's Act
changed as soon as possible. -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
a letter along with the newspaper articles of the recent acts of vandalism at the historic
Drummond Hill cemetery be forwarded to the Solicitor General's Office and the
Attorney General's Office in support of changing the Young Offender's Act. The motion
Carried with Alderman Pietrangelo voting contrary to the motion and with all others
voting in favour. '
Mike Stranges Fundraiser
Alderman Gary Hendershot informed that the fundraising event on behalf of
Mike Stranges would be held on June 20, 1996 at the Optimist Club and invited
everyone to attend.
- 13
Golf Tournament
Alderman Victor Pietrangelo advised that the golf tournament for Multiple
Sclerosis would be held on June 22, 1996 at the International Country Club in Port
Colborne.
Grass Cutting
Alderman Fermino Susin referred to the overgrown bushes along Chippawa
Parkway and requested that the matter of trimming the bushes be looked into.
During the discussion, it was requested that the issue of grass cutting along
Fredeica and Drummond Road and the responsibility for cutting it be investigated.
Stamford Centre Firemen's Carnival
Alderman Pat Cummings advised that the Stamford Centre Firemen's Carnival
would be held from June 13, 1996 to June 15, 1996 and invited everyone to attend.
Commisso's Food Markets
His Worship Mayor Thomson referred to correspondence from Commisso's Food
Markets indicating their attempt to address and resolve the concerns of the residents in
the area.
Repair of Entranceway at Chippawa Branch 396
His Worship Mayor Thomson referred to the Chlppawa Branch 396 access off
Norton Street and advised that drainage problems had precipitated the break up of the
asphalt and of the access to the property and requested that the matter rectified.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that staff
be authorized to repair the Entranceway to the Chippawa Branch 396 property. The
motion Carried with Alderman Susin abstaining from the vote on a conflict of interest
and with all others voting in favour.
Acting Mayor
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that
Alderman Norm Puttick be appointed Acting Mayor from June 15, 1996 to June 22,
1996 inclusive duing the absence of His Worship Mayor Thomson. Carried
Unanimously.
Administration Offices Access Doors
His Worship Mayor Thomson referred to an inquiry from Regional Councillor
Sobol requesting information on the cost of the Administration Offices Access Doors
duing the recent renovations.
1,4--
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Hendershot, that the correspondence be received and filed.
Carried Unanimously.
Investi~lation re former Finance Director
His Worship Mayor Thomson referred to a media release issued by the Niagara
Regional Police on June 6, 1996 stating that "it was the opinion of the Investigators and
the Crown Attorney that the interests of justice would not be served by laying criminal
charges."
Mayor Thomson provided a summary of events leading to the termination and
investigation related to the former Finance Director.
The Chief Administrative Officer responded to concerns with respect to the
matter of external auditors and advised that in Committee of the Whole, where the
investigation material had been submitted, Council was requested to give consideration
to direct staff on whether the matter be referred to the Police Department and/or to its
External Auditors. He indicated that Council gave direction to refer the matter to the
Police Department and did not give direction with respect to the Auditors.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
the meeting be adjourned. Carded Unanimously.
READ AND ADOPTED,
SEVENTEENTH MEETING
COMMITTEE OF THE WHOLE_
Committee Room #2
June 24, 1996
Council met on Monday, June 24, 1996 at 5:45 p.m. in Committee of the
Whole. All members of Council, with the exception of Aldermen Orr and Volpatti,
who were away due to illness and Alderman Ward, who was away on business, were
present. Alderman Gary Hendershot presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
reported in open session.
READ AND ADOPTED,
'E ............
MAYOR WAYNE THOMSON
REGULAR COUNCIL
Council Chambers
June 24, 1996
Council met on Monday, June 24, 1996 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council, with the exception
of Aldermen Orr and Volpatti, who were away due to illness and Alderman Ward,
who was away on business, were present. Alderman Victor Pietrangelo offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderm~n
Hendershot, that the Minutes of the Planning Meeting of June 10, 1996 be adopted
as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Report FC-96-25,
Cheque Nos. 221561; 221815; 221659 and M91484 because a family member is
employed by the Region; and Cheque No. M91488, because he is a member of the
organization.
Alderman Craitor indicated a pecuniary interest on Report FC-96-25, Cheque
Nos. 221561; 221815; 221659 and M91484 because a member of his family is
employed by the Region,' Cheque No. 221808, because he serves on the Board as a
volunteer member and Report FC-96-26 because a family member is employed by
Crawford, Smith and Swallow,
- 2-
Aldermen Campbell, Janvary indicated pecuniary interests on Report FC-96-
25, Cheque No. 221768, because the recipient is their employer.
Alderman Pietrangelo indicated a pecuniary interest on Report FC-96-25,
Cheque Nos. 221768 and 221780 because he is employed by the School Boards.
PRESENTATIONS
1996 Senior of the Year Award
His Worship congratulated and presented a token of appreciation to Mary
Mottola in recognition of her outstanding accomplishments and contributions to the
community.
1996 Achievement Award
His Worship Mayor Thomson indicated that on May 25, 1996, the Senior
Concert Band was awarded a Gold Standing from the National Competition of Music
Fest Canada, signifying that the band was considered to be the best in the field of
excellence in music across Canada. His Worship congratulated and presented 1996
Achievement Awards to Mrs. Ruth Wanless, Coach and to members of the A.N.
Myer Secondary School Senior Concert Band.
Canada Day Events
Alderman Kim Craitor informed that the theme for Canada Day was "Canada
Take It To Heart"; provided a brief summary of events to take p/ace at the Canada
Day festivities and presented a commemorative T-shirt to His Worship Mayor
Thomson. Alderman Craitor recognized the individuals and groups that had donated
to the Canada Day events and advised that $4,205 in donations had been received
to date and invited everyone to attend the Canada Day abtivities.
DEPUTATIONS
The Brain at Risk
His Worship Mayor Thomson introduced Mr. John Newton, who provided a
short video on "The Brain at Risk, Understanding and Preventing Stroke",
Sentineal Carria;e
Mrs. Laura Sentineal, Sentineal Cardage addressed Council with respect to
providing a Horse and Cardage service for tours, weddings, parades and special
events in Niagara Falls and requested Council's favourable consideration on the
matter.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings,
that the matter be referred to staff for further discussion, Carried Unanimously,
- 3
Niaclara Falls For You
Ms. Eileen Tinio and Mr. John Hind provided information on a proposed
souvenir merchandising program entitled Niagara Falls For You" and requested that
Council consider endorsing the "Niagara Falls For You" merchandise as the official
souvenir merchandise of Niagara Falls; to allow the use of the Niagara Falls City
Crest and Logo as part of the design and to allow a Welcome message with the
Mayors signature printed in the labels or tags of the merchandise.
Following some discussion, it was ORDERED on the motion of Alderman
Puttick, seconded by Alderman Cummings, that the correspondence be received and
filed and that the matter be referred to the Chamber of Commerce and the Visitor &
Convention Bureau for consideration. The motion Carried with Aldermen Campbell,
Hendershot and Susin voting contrary to the motion and with all others voting in
favour.
Y.W.C.A. of Niaclara Falls
Ms. Heather Craig, Camp Director, advised that "My Rainbow Camp" was an
integrated summer camp catering to children from the ages of 2-1/2 to 5 years old
with special needs and that she would be involved in a Bike-a-Thon on June 26,
1996 to help raise funds to send children to the camp who could not afford to go and
indicated that if anyone wished to make a pledge, that they contact the Y. WC.A.
His Worship Mayor Thomson thanked Ms. Craig for her presentation and
wished her the best of luck in her endeavour.
Niagara Falls Boys' & Girls' Club
Ms. Eileen Tinio provided information with respect to the Boys' & Girls' Club
1995/1996 Building campaign. She advised that the Club needed to raise $180,000
for the bu~ding and requested community support toward the fund raising campaign.
During the discussion, it was suggested that the Casino could sponsor some
of the local organizations and groups.
His Worship Mayor Thomson thanked Ms. Tinio for her presentation.
UNRNISHED BUSINESS
PD-96-57 - Chief Administrative Officer, App~cation for Site Plan Approval; The
TDL Group Ltd,, Northwest corner of Portage Road and Front Street. The report
recommends the following:
1, That Council receive the input of the residents present;
That Council support the revised site plan presented by the applicant subject
to the conditions contained in this report.
- 4-
The Deputy Director of Planning and Development advised that meetings had
been held with City staff, area residents and the developer to further discuss the
concems of the residents with respect to the proposal; he referred to the subject
property with the assistance of posted sketches and reviewed the following
information on the revised site plan: the relocation of the drive-through, the
redirecfion of the Order Board and speakers to help deflect the sound toward the
Welland River,' the planting of evergreens and cedars along the western boundary to
form an effective noise attenuation barrier,' the construction of a traffic is/and at the
Front Street access ramp to direct traffic onto the site and the exiting of traffic from
the site in a westbound direction; he advised that in the event that out-going traffic
onto Front Street would become problemeric, the driveway could become a one-way
in-going onto the site.
There was a positive response to Mayor Thomson's request for comments
from persons, in support of, or opposed to the revised application.
Concerns were expressed with respect to the traffic flow; the direction of
traffic onto Portage Road and Front Street; the provision of signage directing visitors
back to the Village.
Mrs. Nanette McKenzie Barkham, 3873 Front Street expressed appreciation to
the applicant for the proposed installation of a closed board fence; and requested
that consideration be given to landscaping and preservation of the older trees in the
area; and expressed traffic concerns and vehicles exiting onto Front Street.
Mr. Phil Lococo, who was in attendance on behalf of the Chippaws Business
Association, advised this was a positive venture and that the business community
was in support of the project.
Miss Tiffany Embleton, indicated that this was a great opportunity for
Chippawa and urged Council to accept the application.
Mr. Stewart Branscombe provided clarification on concerns expressed
regarding the ingress and egress of traffic flows and requested that Council vote
favourably except for Item #2 of the Planning Report to indicate that in the event that
out-going traffic onto Front Street is problemstic, that TimI Hortons will consider a
one way in-going only from Front Street.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that
the report be adopted subject to the amendment to Item #2 that Tim Hortons wobld
consider that in the event that out-going traffic onto Front Street was problemeric,
the driveway was to become one way in-going only. Carried Unanimously.
PD-96-59 - Chief Administrative Officer - Re: Status Report on the Official Plan
Tourism Policies. The report recommends the following:
That staff continue to work with proponents on specific areas of concern and
bring fortyard policies to be incorporated at e later date;
That staff be directed to modify the draft Tourism Policies as outlined in this
report and bring forward to a future Public Meeting under the Planning Act;
That proponents of major development proposals Submit amendment
applications for consideration of Council in accordance with the provisions of
the Planning Act.
Mr. R. C. O'De//, Jr., who was in attendance on behalf of the Yerich family and
the Sky/on Tower, advised as being in support of the staff recommendations and
requested approval of the report.
ORDERED on the motion of Alderman Hendershot , seconded by Alderman
Cummings, that the report be received and adopted. Carried Unanimously.
COMMUNICATIONS
Communication No. 137 - Brewers Retail Inc. - Re: Extended Hours - requesting
Council approval to extend the hours of sale to midnight at the Lundy's Lane store
commencing July 2, 1996.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman
Campbell, that the request be approved subject to established policy. Carried
Unanimously.
Communication Nb. 138 a) City of Timmins - Re: City of Timmins Flood Disaster
Fund. The communication requests financial assistance to the Timmins Flood
Disaster Fund; - AND - Communication No. f38b) Township of South Dumfries -
Re: South Dumfries Disaster Relief Fund. The communication requests financial
donation to the South Dumfries Disaster Relief Fund.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot,
that the communications be received and filed and that a letter be forwarded
acknowledging the correspondence and of the inability to provide financial
assistance. Carried Unanimously.
Communication No. f39 a) Ministry of Transportation - Re: Niagara Falls Driver
Examination Centre. The communication provides information on the decision to
close the Niagara Falls Driver Examination Centre
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that a
letter be forwarded to the Minister advising him that the suggested changes to the
system lessening the burden on senior citizens are appropriate. Carried
Unanimously.
Communication No. f39b) Tim Hudak, M. P. P., Niagara South - Re: Niagara Falls
Driver Examination Centre. The communication expresses concerns to the Minister
of Transportation with regard to seniors renewing their Iicence or completing their.
tests in SL Catharines on busy and unfamiliar roads
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the communication be received and filed for the Information of
"Council. The motion Carried with Aldermen Campbell, Craitor and Cummings voting
contrary to the motion and with all others voting in favour.
Communication No. 140 - Brock University Students' Union - Re: Proclamation.
The communication requests Council proclaim September 2 - 7, 1996 as "Shinerarea
Days" to raise funds for Cystic Fibrosis.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the request be approved subject to established policy. Carried Unanimously.
Communication No. 141 - City of SL Catharines - Re: Workfare Program. The
communication requests Council support a resolution endorsing the Niagara
Region's participation in the provincial govemmenrs pilot workfare program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrengelo, that the request be supported with the condition that no currently
employed workers would be displaced by the program. The motion Carried with
Aldermen Craitor and Hendershot voting contrary to the motion and with all others
voting in favour.
Communication No. f42 - Niagara Regional Police Services - Re: "Why Not"
Torch Run. The communication advises that the Pars-Olympics Torch Run will be
passing through the community on the weekend of July 20 and 21, 1996 and
seeking approval for the event.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary,
that the request be approved subject to established policy. Carried Unanimously.
REPORTS
MW-96-105 - Chief Administrative Officer- Re: Landfill Equipment Tender
Award; Tender #f0-96. The report recommends that 504802 Ontario Inc., operating
as J.C.J. Contracting be awarded the tender for the rental of one crawler type front-
end loader, with operator, at the rate of $34.00 per hour, plus tax, for the period
August 1, 1996 to October 31, 2000 inclusive; and that the by-law be passed.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
See By-law No. 96-130
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick,
that the actions taken on the following matters by the Community Services
Committee, earlier this evening, be approved:
1. Adoption of the Minutes of May 27, 1996 Community Services Committee;
MW-96-114 -Additional costs for Summertime 20 Bag Limit for Tourist
Businesses - that the amount of $26,400. O0 be endorsed as payment to
Laidlaw for extra costs for the 1995 Summertime 20 bag limit for tourist
businesses, and that the Summertime 20 bag limit be extended for tourist
businesses for 1996 at $2,400.00 per week;
MW-96-108 - W-5-2 Creek Rehabilitation; and Report MW-96-101 - Contract
96-118 - that Report MW-96-108 be received and filed; and that Report MW-
96-101 be approved awarding Contract 96-118-94 to ~he low tenderer
Stephens & Rankin Inc. at the unit prices submitted - Opposed: Aldermen
Janvary and Susin;
MW-96-100 - Building & Inspection Report for May, 1996 - that the Building &
Inspection Report for the month of May f996 be received and filed;
MW-96-106- Certificate of Approval for Region Sewage Lagoons - that the
MOEE be advised that the City has no objection to amendment to the
Certificate of Approval for Regional Sewage Lagoons on Chippaws Creek
Road to store, on a contingency basis, water treatment plant sediments;
MW-98-109 - New Little Mississippi Drain Restoration - that the new Little
Mississippi Drain restoration report be received and filed, and that a copy of
the report be sent to area residents;
MW-96-110- Water/Wastewater Utility -Public Education/Awareness 7 Water
Efficiency - that July be proclaimed "Water Efficiency Month";
8. MW-96-111 - Recommendations from the Mountain Road Landfill Public
' Liaison Committee - that the recommendations from the Mountain Road
Landfill Public Liaison Committee be referred to staff for investigation;
- 7 -
MW-96-112 - Conditional Building Permits - Pine Meadows Condominiums -
Drummond Road - that staff be authorized to execute the conditional bu~ding
permit agreement between the City and Falls Masonry Limited,'
10.
MW-96-113 - License Agreement for the Digital Corporate Base Map - that the
by-law authorizing license agreements for purchase and use of the Cily's
Digital Base Map be approved;
11.
R-96-35 - Tender TR-3-96 - Landscape Development of John N. Allan Park -
that Tender TR-3-96 for the Landscape Development of John N. Allan Park be
awarded to Stevensville Lawn Service of Stevensville, Ontario, at the tendered
cost of $148,883.81 including all applicable taxes; and that the By-law on
Council Agenda, authorizing an agreement with Stevensville Lawn Service, be
approved;
12. Information Items:
Request for Relief from Tipping Fees - Antoinnette Colosimo, 6408 Murray
Street and Florence Rogers, 4740 Third Avenue - that Antoinnette Colosimo
and Florence Rogers be granted relief from Tipping Fees;
That parking be permitted on the East side of Deck Street between Main
Street and We/land Avenue;
13. New Business:
That Council endorse the implementation of residential parking permits
and tow-away zones in the neighbourhoods near the Interim Casino;
That staff investigate uneven and loose paving stones in the areas of
Victoria and Centre and investigate if the contractor is still responsible
for same;
That staff investigate the intersection of McLeod & Dorchester with
respect to trucks having difficulties with the turning radius;
That staff review the Chippawa Boat Ramp area with respect to current
operations and future needs;
That staff advise By-law Enforcement of the parking infractions
occurring on Mundare Crescent and resport back to the Committee on
this matter,'
That staff request that the Ministry of Transportation cut the grass/
weeds along the Q. E W before the Canada Day long weekend;
That staff request that the Region cut the grass at intersections back
further than is currently being done
The motion Carried with Aldermen Janvary and Susin voting contrary to the motion
on Report MW-96-108 and MW-96-101 and with all others voting in favour.
See By-law No~ 96-129
See By-law No. 96-132
.See By-law No. 96-137
R-96-36 - Chair, Canada Day Committee - Re: Canada Day- Free Swimming.
The report recommends that City Council authorize free swimming at the four (4)
Municipal Pools on Monday, July 1st, 1996 as part of the celebrations planned for
Canada's 129th Birthday.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously
BD-96-01 - Chairman, Business Development Committee o Re: Regional Draft
Economic Strategy Report. The report advises as being in the process of
preparing an Economic Strategy for the City of Niagara Falls and requesting
comments to assist the Steering Committee in incorporating the Region's strategy
into the City's strategy.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor,
that the report be received and adopted. Carried Unanimously.
PD-96-56 - Chief Administrative Officer - Re: SWC-3/95, Renewal of Sidewalk
Cafe Agreement; 5250 Victoria Avenue (Sport Beat Bar). The report recommends
that Council approve of the renewal of the sidewalk Cafe Agreement for 5250
Victoria Avenue for a period of four years.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the report be received and adopted. Carried Unanimousiv
PD-96-58 - Chief Administrative Officer- Lyon's Parkway Environmental Impact
Study. The report recommends that Council approve the by-law authorizing
execution of the agreement between Gartner Lee Ltd. and the City of Niagara Falls.
ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously
See Bv-law No. 96-134
RA TIFICA TION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the actions taken on the following matters by the Finance Committee, earlier this
evening, be appreved:
1. Adoption of the May 27, 1996 Finance Committee minutes;
FC-96-24 - Bank Account Rationalization - that the report be received for
information;
FC-96-25 - Municipal Accounts - that the accounts in the amount of
$13,182,331.03 for the period ending June 24, 1996 be approved;
4. FC-96-26 - Fees for Audit Services - that the fees be approved for the 1995
and 1996 fiscal years.
The motion Canfed with Aldermen Campbell, Craitor, Cummings, Janvary and
Pietrangelo abstaining from the vote on conflicts of interest previously noted and with
all others voting in favour.
See By-law No. 96-135
L-96-37- Chief Administrative Officer- Re: Authorization to Proceed with the
Closing and Sale of part of Church Street, Plan 251. The report recommends that
Council authorize staff to proceed with the closing of that part of Church Street lying
west of Bridgewater Street, in accordance with the Municipal Act, and to offer the
said closed portion to abutting owner(s) for the appraised value.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the report be received and adopted. Carried UnanimousIV.
L-96-38 - Chief Administrative Officer- Re: Closing and Sale of Dixon Street;
Parts 4 to 18, inclusive on Reference Plan 59R-9137. The report recommends the
following:
That part of the road allowance known as Dixon Street, designated as Parts 4
to 18, inclusive on Reference Plan 59R-9137, be closed,'
That the said Parts be declared surplus to the City's needs and offered for
sale, in accordance with the Municipal Act, to the abutting owners, at the
appraised t/alue, reserving an easement, in favour of the City, for an existing
watermain;
That Transfers of Easements be granted to those utilities having existing
easements over the said parts, prior to the transfer of land;
That the Mayor and Clerk be authorized to execute the said Transfers of land
and Transfers of Easements.
His Worship Mayor Thomson received a negative response to his request
whether there' were any persons present who felt that their land would be
prejudicially affected.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimousiv.
See By-law No. 96-133
CD-96-34 - Chief Administrative Officer- Re: Special Occasion Permits;
Chippawa Firefighters Association; SIo-Pitch Tournament. The report
recommends that Council indicate it has no objection to the issuance of a Special.
Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the report be received and adopted. Carried Unanimously.
CD-96-35- Chief Administrative Officer- Re: Automated Vote Tabulating
Equipment. The report recommends that Council pass the By-law appearing on this
evening's agenda authorizing the Mayor and Clerk to enter into an agreement with
Global Election Systems for the acquisition of Automated Vote Tabulating
Equipment,
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman
Cummings, that the report be received and adopted. Carried Unanimously
See By-law No, 96-131
CD-96-36 - Chief Administrative Officer- Re: Appointment to the Niagara Falls
Humane Society. The report recommends that Council select an appointee to serve
the remainder of the term to 1997, on the Niagara Falls Humane Society, due to the
resignation of Margaret MacGregor, and that the appointment be confirmed by the
By-law appeatfng on this evening's agenda.
:i
- 10-
Following a vote by secret ballot, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Pietrangelo, that Julie Bishop-Hamilton be
appointed to the Niagara Falls Humane Society to serve the remainder of the term to
1997. Carried Unanimously.
See BY-law No. 96-136
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the ballots be destroyed. Carried Unanimously.
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor,
that the actions taken on the following matters by Committee-of-the-Whole, earlier
this evening, be approved:
Tee Creek Municipal Drainage Program - that the City Solicitor be authorized
to appeal the decision of the Ontario Drainage Tribunal, dated August 16,
1994 to the Ontario Drainage Referee;
That the City pay the sum of $3,000 on humanitarian grounds to Tina Alsop,
in exchange of a final release of a legal action commenced by her,'
That a letter be sent to Mr. Gerald VanderLoos, under the Trespasser to
Property Act, prohibiting him from entering the Sylvia Place Market for a
period of twelve (12) months.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that leave be granted to introduce the following by-laws and the by-laws be read a
first time:
96-127
A by-law to amend By-law No. 79-200, as amended. (AM-16/94, Italo-
Canadian Centennial Club) ~
96-128
A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control areas. (AM-
16/94, Italo-Canadian Centennial Club)
96,129
A by-law to authorize the execution of an agreement with Stevensville
Lawn Service Inc. respecting the landscape development of John N.
Allan Park.
96-130
A by-law to authorize the execution of an agreement with 504802
Ontario Inc. operating as J.C.J. Contracting respecting the supply of
equipment at the City's Landfill site,
96-131
A by-law to authorize the execution of an agreement with Global
Election Systems Inc.
96-132
A by-law to authorize Iicence agreements in connection with the use of
computer data mapping boundaries, read allowances, railroad tracks
and other information in the City of Niagara Falls.
-11
96-133
A by-law to stop up and close part of Dixon Street as lad out on the
Falls Company Plan now known as Plan No. 1 and designated as parts
4 to 18, inclusive, on Reference Plan 59R-9137.
96'134
A by-law to authorize the execution of an agreement with Gartner Lee
Ltd. respecting an Environmental Study for an area adjacent to Lyon's
Creek Provincially Significant Weftand area.
96-135 A by-law to authorize monies for General Purposes (June 24, 1996)
96-136
A by-law to appoint Julie Bishop-Hamilton to the Niagara Falls Humane
Society.
96-137 A by-law to authorize an execution of an agreement with Stephens &
Rankin Inc. regarding ShrineKs Creek W-5-2 Branch Watercourse
System Improvements.
The motion Carried with Aldermen Campbell, Cummings, Craitor, Janvary and ..
Pietrangelo abstalning from the vote on by-law No. 96-135 on conflicts of interest
previously noted; Aldermen Janvary and Susin voting contrary to By-law No. 96-137
and with aft others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the following by-laws be now read a second and third time:
96'127
A by-law to amend By-law No. 79-200, as amended. (AM-16/94, Italo-
Canadian Centennial Club)
96-128
A by-law to amend By-law No. 85-238 respecting the c/asses of
development that may be undertaken in site plan control areas. (AM-
16/94, Italo-Canadian Centennial Club)
96'129
A by-law to authorize the execution of an agreement with Stevensville
Lawn Service Inc. respecting the landscape development of John N.
Allan Park.
96-130
A by-law to authorize the execution of an agreement with 504802
Ontario/nc. operating as J.C.J. Contracting respecting the supply of
equipment at the City's Landfill site.
96-131
A by-~wto authorize the execution ofan agreement with Global
Election SystemsInc.
96-132
A by-law to authorize licence agreements in connection with the use of
computer data mapping boundaries, road allowances, railroad tracks
and other information in the City of Niagara Falls.
96-133
A by-law to stop up and close part of Dixon Street as lad out on the
Falls Company Plan now known as Plan No. I and designated as parts
4 to 18, inclusive, on Reference Plan 59R-9137.
96-134
A by-law to authorize the execution of an agreement with Gartner Lee
Ltd. respecting an Environmental Study for an area adjacent to Lyon's
Creek Provincially Significant Wetland area.
96-135 A by-law to authorize monies for General Purposes (June 24, 1996)
96-136
A by-~w ~appo~t JulieB~hop-Ham~on to the NiagaraFallsHumane
Soc~ty.
- 12-
96-137 A by-law to authorize an execution of an agreement with Stephens &
Rankin inc. regarding Shrine~s Creek W-5-2 Branch Watercourse
System improvements.
The motion Carried with Aldermen Campbell, Cummings, Craitor, Janvary and
Pietrangelo abstaining from the vote on by-law No. 96-135 on conflicts of interest
previously noted,' Aldermen Janvary and Susin voting contrary to By-law No. 96-137
and with a// others voting in favour.
NEW BUSINESS
Parkin.~l of lame transport trucks
Alderman Pat Cummings referred to the parking of large transport trucks on
major roads, specifically in the Stamford Centre area. He requested that a letter be
forwarded to the Niagara Regional Police requesting enforcement in the area.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin,
that a letter be forwarded to Niagara Regional Police requesting enforcement in the
Stamford Centre area. Carried Unanimously.
Mike Stranoes Fundraiser
Alderman Gary Hendershot referred to the recent Mike Strenges fundraiser
event that had been held at the Optimist Club. He advised that the goal of $5,000
had been surpassed and requested that Mayor Thomson and Alderman Craitor
assist in the presentation to Mr. Stranges at the Canada Day Celebrations.
Queen Elizabeth Way Road Conditions
Alderman Shirley Fisher inquired whether a response had been received from
the Ministry of Transport regarding the City's concerns of the read conditions on the
Queen El{zabeth Way. It was indicated that the matter would be followed up.
Canadian Cancer Society - Lonoest Day of Golf
Alderman Kim Craitor referred to the "Longest Day of GolF' to be held on
June 26, 1996 at Rolling Meadows Golf Club with the objective of playing 100+
holes of golf on behalf of the Canadian Cancer Society. He indicated that pledges
would be accepted and offered a challenge to His Worship Mayor Thomson.'
FHends of Historic Drummondville
Alderman Wayne Campbell extended appreciation and thanks to staff and
members of Council on behalf of the Fdends of Histodc Drummondville for accepting
Miss Ruth Redmond's property and appreciation was expressed to Mr, Alex
Herlovitch for his LACAC contributions,
13-
His Worship Mayor Thomson advised that an official "Signing Ceremony" was
being held on Tuesday, June 25, 1996 at 1 p.m. at Redmond Heights, where Miss
Redmond would turn over the stewardship of the property to the City.
Summer/Fafi Leisure Guide
His Worship Mayor Thomson referred to the City of Niagara Falls Summer
and Fa~ 1996 Leisure Guide and thanked and congratulated staff at the Parks,
Recreation and Culture Department for their efforts. He expressed appreciation to
Ms. Cynthia Roberts and Ms. Rose Patrick who were responsible for the preparation
of the Guide.
Infrastructure ProWlram
His Worshil~ Mayor Thomson requested that a resolution of support be
forwarded to the Prime Minister, the Premier and appropriate Ministers indicating
that the City would like to see another infrastructure program in order to stimulate
activity in the community.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that a resolution of support be forwarded to the Prime Minister, the
Premier and appropriate Ministers indicating that the City would like to see another
infrastructure program, in order to stimulate activity in the community. Carried
Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman
that the meeting be adjourned. Carried Unanimously.
Hendershot,
READ AND ADOPTED,
EIGHTEENTH MEETING
COMMITTEE OF THE WHOL_E_E
Committee Room #2
July 8, 1996
Council met on Monday, July 8, 1996 at 6:15 p.m. in Committee of the Whole. All
members of Council, were present. Alderman Bruce Ward presided as Chairman.
Following consideration of the items presented, the Committee of the Whole reported in
open session.
READ AND ADOPTED,
PLANNING MEETING
Council Chambers
July 8, 1996
Council met on Monday, July 8, 1996 at 7:00 p.m. for the purpose of considering
Planning and Regular Business Matters. All members of Council, were present. Alderman
Paisley Janvary offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
Minutes of the Regular Meeting of June 24, 1996 be adopted as printed.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Cheque Nos. 221898
and 221994 because members of their families are employed by the Region.
Alderman Hendershot indicated a pecuniary interest on Report HR-96-05 - Benefit
Package from Finance Committee because a member of his family is employed by the
municipality.
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on Cheque
No. 221118 because the recipient is their employer.
Alderman Susin indicated a pecuniary interest on Communication No. 148, because he is
a member of the Association.
- 2 -
Alderman Volpatti indicated a pecuniary interest on Communication No. 145, and on
Report L-96-40 because she has a business interest.
CURRENT PLANNING MATTERS
PD-96-60 - Chief Administrative Officer - Re: Zoning By-law Amendment Application;
AM-13/96, Venditti Engineering Ltd., 5729 McLeod Road. The report recommends that
Council approve the application to permit 2 additional dwelling units to be established in the
basement of the 6-unit apartment building which is under construction on the lands.
- AND -
Communication No. 143 - Regional Niagara, Planning and Development Department. The
communication advises as having no objection to the approval of this application.
- AND -
Communication No. 144 - Regional Niagara, Regional Public Works Department. The
communication advises as having no objections to the rezoning amendment.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure
to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by mailing on June 7, 1996.
His Worship Mayor Thomson received indication that Mr. Joseph Venditti, on behalf of
the applicant, was in attendance and received a positive response to his request for a show of
hands by persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and addresses
to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written submissions at
the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board
hearing.
The Director of planning and Development referred to the subject property with the
assistance Of posted sketches and reviewed the following information included in Technical
Report No. PD-96-55; The Nature of the Amendment; Official Plan; Physical Analysis; Nature
of the Zone Change; Site Plan Control and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from persons,
other than the applicant or his agent, in support of, and a positive response from persons opposed
to the application.
Ms. Maria Bottacin, 5745 McLeod Road questioned the owner's reliability and
reputation with regard to the maintenance and upkeep of the building; expressed concerns with
respect to the location and accessability of the garbage container; the addition of two extra units;
parking spaces and the reduced landscaping.
Mr. Tony Bottacin, 7226 Allanthus Avenue requested that Council consider the
concerns of the residents in the area.
Discussions ensued with regard to the structural stability of the building, and the
involvement of the area residents in the site plan process.
- 3 ~
Mr. Joseph Venditti presented a revised site plan to members of Council and indicated
that the garbage enclosure was to be relocated to the rear of the building along with the erection
ofa 6-foot closed board-on-board wooden fence around the perimeter ofthe building. He
advised that the structural stability of the building was sound and that the building would be
available for occupancy sometime at the end of the year.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the
Public Meeting with regard to Application AM-13/96 closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be
received and adopted as outlined in the revised proposal submitted at the Planning meeting and
subject to the area residents being involved in the site plan process. The motion Carried with
Aldermen Craitor, Janvary, Susin, Orr, Puttick, Volpatti and Ward voting in favour of the motion
and with Aldermen Campbell, Cummings, Fisher, Hendershot and Pietrangelo voting contrary to
the motion.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangolo, that the
communications be r~ceived and filed. Carried Unanimously.
PD-96-61 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-
21/95, Valleyview Condominium (D. Colangelo); 6263 Valley Way. The report recommends
that Council approve the site plan for a proposed 11-unit townhouse condominium located at
6263 Valley Way, subject to the applicant obtaining a Ministry of Environment & Energy
Certificate of Approval for the extension of a storm sewer along Valley Way.
ORDER.ED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
PD-96-62 - Chief Administrative Officer - Re: Proposed Terms of Reference Tourist Area
Development Strategy. The report recommends that the proposed Terms of Reference, forthe
preparation of a Tourist Area Development Strategy, be
endorsed by Council and forwarded to the Ontario Casino Corporation for funding consideration.
ORDEP, ED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the report
be received and adopted and further that a staff report be prepared on the possibility of
broadening the scope of the study to include all possible impacts on the community as a whole.
Carried Unanimously.
DEPUTATIONS
The Hub for Seniors and Retirees
Mrs. Ruth Bedell provided information on a seniors and retirees residence to be run by
Seniors and Retirees called "The Hub for Seniors and Retirees" and requested Council
consideration for staff assistance, to prepare terms of reference for a feasibility study and that the
cost of the feasibility study be included in the 1997 budget. Mrs. Beddell thanked members for
the opportunity to discuss the matter.
His Worship Mayor Thomson thanked Mrs. Beddell for her prosentation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter be referred to staff and budget discussions. Carried Unanimously.
- 4-
Licensing and Regulation of Security Alarm Companies
Mr. Woody McKaig, Solicitor, Sullivan Mahoney discussed the issue of increased
incidences of false alarms at both residential and commercial premises; advised that this
incidence of false alarms has a significant impact on the allocation of police resources, officer
safety and the police budget. Mr. McKalg introduced Superintendent Vince Bevan, The
Regional Municipality of Niagara Police Services who provided information on Revenue
Projections of the Municipality vs the Region; Total Alarmed Premises; Percentage of Known
Alarmed Premises; Estimated Actual Alarm Systems; Estimated False Alarms; Estimated
Business Licenoes and Total Projected Revenue.
Mr. McKalg referred to the passing of a by-law that would impose a user fee for police
attendance at false alarms and advised that the purpose of the user fee was to encourage
individuals with alarm systems to be more responsible and requested that the City delegate to the
Regional Municipality of Niagara Police Services Board the power to licenee, regulate and
govern the security alarm businesses (installation and monitoring companies)
Discussions ensued with regard to holding public meetings for further public input on the
matter and the issue of security alann businesses responding to their own alarm calls.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Campbell, that
Council delegate the power to licenee, regulate and govern the security alarm businesses to the
Regional Municipality of Niagara Police Services Board. Carried Unanimously.
Montrose Business Park
Mr. Allan Blott provided a brief overview of a concept plan for a proposed development
project through the acquisition of 150 acres of city owned property in combination with his 92
acres of land to develop a golf course, office commercial businesses and townhouse type of
residential units.
Mr. Blott indicated that this type of heritage development was a unique opportunity for
Niagara Falls; referred to the generation of jobs; significant tax revenues and stated that this type
of development should be encouraged. Mr. Blott referred to a publication entitled "Boom Bust
Echo, How to Profit From the Coming Demographic Shift" b~, David K. Foot with Daniel
Stoffman which discusses the movement of retiring newcomers from larger cities to smaller
suburban areas.
The Director of Planning and Development commented that the economic development
study was not site specific and was not a land use study.
Mr. George Hostick, Chairman, Chamber of Commerce advised that this was an
exciting proposal, but expressed concerns with respect to the required rezoning due to the
proposed residential use with significant impacts on the chemical industry and local businesses,
Mr. Hostick stated that the golf course development could be a good land use without
having the residential use.
Mr. George Waters, Chairman, Business Development Advisory Board, indicated
that the Board was in favour of the new development but was also supportive of existing
business. Mr. Waters advised of opposition to "quick approval" of the proposal and indicated
that an economic strategy was being developed and would be ready in the Fall and indicated that
it would be premature to make a decision on the matter at the present tim&
- 5 -
Mr. George Slaney, CYTEC stated the proposal was a good one, but that it was in the
wrong location; referred to noise, odour and traffic concerns in the residential areas; referred to
the risk of housing against their fences and informed that Cytec was looking at the possibility of
expanding their production and storage facilities.
Mr. Byron MCWhirter, and Mr. Chuck Kelly, Manager, Human Resources, GEON
of Canada referred to a plant shutdown that had occurred in Shawinigan, Quebec due to
concerns of operating a chemical plant in a residential area and requested that Council consider
the impact of having residential development in close proximity to industry; and suggested that
existing industry be protected.
The Chief Administrative Officer advised that it was Council's determination as to
whether the lands were surplus and to the method of sale of the lands.
Following some discussion, it was ORDERED on the motion of Alderman Susin,
seconded by Alderman Craitor, that the matter be deferred for two weeks and to direct staff to
discuss with representatives from the Industry, the Chamber of Commerce and the applicant to
determine if some common ground can be found for the co-existence of the development and the
existing industry. The motion Carried with Alderman Puttick voting contrary to the motion and
with all others voting in fayour.
COMMUNICATIONS
Communication No. 145 - Niagara Falls - Fort Erie Real Estate Association - Re:
Proclamation. The communication requests Council proclaim the week of September 22 - 28,
1996 as "Ontario Home Week".
ORDERED on She motion of Alderman Cummings, seconded by Alderman Hendershot, that the
request be supported. The motion Carried with Alderman Volpatti abstaining from the vote on a
conflict of interest previously noted and with all others voting in fayour.
Communication No. 146 - Larysa Hawrylyshyn - Re: Water Billing Process. The
communication expresses concerns with respect to the new billing system.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the
matter be referred to staff. Carded Unanimously.
Communication No. 147 - Niagara Regional Police Services - Re: Traffic Hazards Caused by
Trucks. The communication advises that the matter would be placed on the agenda of the next
Supervisor's Meeting and that appropriate action would be taken when and where possible.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the
communication be received and filed for the Information of Council. C rded Un nimou I .
Communication No. 148 - The Royal Canadian Legion, Chippawa, Branch 396 - Re: Tax
Relief. The communication requests some tax relief for the organization.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the matter
be referred to staff. The motion Carded with Alderman Susin abstaining from the vote on a
conflict of interest previously noted and with all others voting in fayour.
Communication No. 149 - Canadian Home Products Limited - Re: Sidewalk Installation.
The communication requests that a sidewalk be installed on the south side of Morrison Street
between Dorchester and Drummond.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the
matter be referred to staff. Carried Unanimously,
- 6-
REPORTS
MW-96-115 - Chief Administrative Officer - Re: Municipal Parking & Traffic Committee
Recommendations; June 18, 1996 Meeting. The report recommends the following:
Kitchener St. at Dessert Avenue - All Way Stop Control - that the all way stop control at
the intersection of Kitchener Street and Desson Avenue remain in place and that the
intersection be re-evaluated in 6 months;
L-96-30 - Agreement with Law Enforcement Systems, Inc. Collection Services for
Parking Tickets - that the City not hire a Collection Agency to collect parking ticket fines
from the United States;
Municipal Parking Lot #18 - Kitchener Street - that 1) as requested from Tony's Place
Restaurant, buses be permitted to park in Parking Lot #18; 2) that Sixty parking spaces be
leased to Skyline Hotels, for Parking Lot # 18, at a cost of $15.00 (plus taxes) per space
per month, from June 19, 1996 to October 15, 1996, subject to endorsement from the
Victoria Avenue Business Group (letters attached); 3) that patrons of St. Paul's Church be
permitted to park in Parking Lot #18 free of charge, from 9:30 a.m. to 11:30 a.m. on
Sunday morning until October 1, 1996;
M'vV-96-102 - Garner Road between Thorold Stone Rd. and Mountain Road - Heavy
Vehicle Restriction - that a Heavy Vehicle Restriction be installed for Garner Road
between Thorold Stone Rd. and Mountain Rd.;
IvfvV-96-103 - St. James/St. Peter/Colbome/St. John - Traffic Operations Review - that
Option "E" - Do Nothing Alternative, be approved;
IVIV~-96-97 - Queen St. at Ontario Avenue Area Traffic Operations Review - that 1) the
existing overhead flashing beacons at the intersection of Huron St. at Ontario Avenue be
removed; 2) that the existing overhead flashing beacons at the intersection of Queen St.
and Erie Ave. be removed;
7. M'vV-96-99 - Pettit Avenue - Chenywood Acres School Parking Review - that no changes
in parking regulations be instituted at this time on Pettit Ave. in front of Cherrywood
School;
8. Michael Street at Niven Street - Stop Sign - that a Stop Sign and Stop Bar be installed on
the northwest comer of Michael Street at Niven Street for southbound traffic;
ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the report be
received and adopted with the exception of Item #2, Report L-96-30. Carried Unanimously,
See By-law No. 96-139
See By-law No. 96-140
MW-96-116 - Chief Administrative Officer - Re: Award of Tender; Contract 96-09; 1996
Crack Sealing. The report recommends that the unit price submitted by the low tenderer,
788893 Ontario Ltd. , o/a Niagara Crack Sealing, be accepted for the above contract and the
authorizing by-law be passed,
ORDERED on the motion of Alderman Ward, seconded by Alderman C.ampbell, that the report
be received and adopted. Carried Unanimously.
See By-law No. 96-141
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
actions taken on the following matters by the Community Sewices Committee, earlier this
evening, be approved:
- 7
1. Adoption of the Minutes of June 24, 1996 Community Services Committee Meeting;
R-96-37 - Proposed Closure of Walkway between Brian Crescent and Harriman Street -
that the walkway between Brian Crescent and Harriman Street not be closed and the
residents who submitted a completed survey be so advised, and that staff investigate
methods to improve the surrounding area to assist residents living adjacent to the
walkway;
R-96-38 - Water Molecule Statue - that the City's Water Molecule be provided to Hi-
Tech Material Handling 1994 Ltd. on a permanent loan basis, and that the City enter into
an agreement with them;
FD-96-05 - Roof Retrofit - Fire Station #3 Dorchester Road - that Council award the
tender for reef retrofit of Fire Station 3 to D.F. Brown Roofing for the sum of $28,504.80
including all taxes;
MVq-96-104 - Mulhern Street at Baldwin Avenue All-Way Stop Request - that the
Mulhem Street at Baldwin Avenue All-Way Stop Request be deferred until the next
Parking & Traffic Committee Meeting and that area residents be invited to attend that
meeting;
Thorold Stone Road/Q.E.W. Interchange Improvements - that a resolution be presented
to M.P.P. Ban Maves, Premier Harris and Minister Palladini requesting that the matter of
the Thorold Stone Road/QE.W. Interchange Improvements be reopened and that
Minister Pailadini be invited to a meeting to discuss reinstatemetn of this project as
originally scheduled;
Request. for Rebate of Tipping Fees for $240.00 - Mr. & Ms. Brett Maidens, 6332 Doreen
Drive - that Mr. and Ms. Brett Maidens receive a rebate for tipping fees in the amount of
$240.00 - Opposed: Aldermen Cummings, Puttick and Volpatti;
8. New Business
a) Golf Course Crossing - Lyons Creek Road - that staff request that the Region provide
signage indicating the presence of the Golf Course on Lyons Creek Road.
The motion Carried with Aldermen Cummings, Puttick and Volpatti voting contrary to the
motion regarding rebate of tipping fees and with all others voting in fayour.
See Resoluton No. 43
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by the Finance Committee, earlier this evening, be
approved:
1. Adoption of the Minutes of the June 24, 1996 Finance Committee;
HR-96-05 - Benefit Renewal, 1996-1998 - that Sun Life Assurance Company of Canada,
pwvider of Life, extended Health, Dental and Long Term Disability Benefits, and
Seaboard Life, prorider of Accidental Death and Dismemberment and Excess Private
Duty Nursing for Firefighters, be retained as our Carriers for the period of September 1,
1996 to August 31, 1998;
Deputation - Boys' and Girls' Club - that the request from the Boys' and Girls' Club to
assist in bringing their aging building up to safety standards be referred to staff for a
report;
- 8 -
FC-96-27 - Municipal Accounts - that the Municipal Accounts totalling $672,370.31 for
the period ending July 8, 1996 be approved;
L-96-30 ~ Agreement with Law Enforcement Systems, Inc. - Collection Services for
Parking - that the City enter into an agreement with Law Enforcement Systems, Inc. for
the collection of parking tickets issued to American residents;
R-96-40 - Arctic Symposium CP/RA Conference Yellowknife, Northwwest Territories -
that the Manager of Parks, Recreation & Culture be permitted to attend 1996 CP/RA
Symposium which will be held August 7th to 10th, 1996 in Yellowknife, Northwest
Territories;
Request from Adrian Birka for donation to attend Canada/USA Mathcamp '96 - that the
request be received and filed;
Request from Niagara Falls & District Labour Council for Advertisement in RCMP
Musical Ride Program - that a 1/2 page ad in the amount of $360.00 be approved for the
inclusion era Mayor's Message in the RCMP Musical Ride Souvenir Program;
9. That the request from the Chippawa Amateur Athletic Association for seating at the
Chippawa Willoughby Arena be referred to budget deliberations.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that all the
items be approved with the exception of Item #7, Request from Adrian Birka for donation to
attend Canada/USAMathcamp '96. Carded Unanimously.
Following some discussion it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Orr, that a donation of $250.00 be provided toward the attendance of
Adrian Birka at the Can/USA Mathcamp '96. The motion was Defeated with Aldermen Craitor,
Puttick, Orr and Ward voting in fayour and with all others voting in opposition to the motion·
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that a donation of
$100.00 be provided toward the attendance of Adrian Birka at the Can/USA Mathcamp '96. The
motion Carded with Alderman Cummings voting contrary to the motion and with all others
voting in favour.
CD-96-37 - Chief Administrative Officer - Re: Special Occasion Permit; Niagara Falls
Station No. 6 Volunteer Firetighten - Texas BBQ & Dan~e. The report recommends that
Council indicate it has no objection to the issuance of a Special Occasion Permit to the
organization listed in this report.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that the
report be received and adopted. Carded Unanimously.
I,-96-41 - Chief Administrative Officer - Re: Conditional Building Permit Agreement;
Orchard Grove Subdivision. The repert recommends that the City enter into a conditional
permit agreement with Orchard Grove Motel Limited and to authorize the Mayor and Clerk to
execute the said agreement.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
· See By-lawNo. 96-138
1-96-42 - Chief Administrative Officer - Re: Exotic Animal By-law No. 95-237. The report
recommends that Paul Devitt be permitted to register two snakes pursuant to By-law No. 95-237
as per his completed application form.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carded Unanimously.
- 9 -
L-96-43 - Chief Administrative Officer - Re: Mount Carmei Centre, Thorold Stone &
Montrose Road. The report recommends that City Council approve the application for a ground
sign having a height of thirty feet (30') for Mount Cannel Centre on the north side of Thorold
Stone Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously~
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the
actions taken on the following matters by Committee of the Whole, earlier this evening, be
approved:
Option to Purchase - 4770 Morrison Street - that the owner be advised that the City is not
interested in the purchase of the property;
That the firm of Hicks Morley be retained to act on the City's behalf at the upcoming
~re~ghter's arbitration;
That Report L-96-40, Niagara Falls/Fort Erie Real Estate Association Method of Sale of
City Owned Properties be received and filed for the information of Council.
The motion Carriecl with Alderman Puttick voting contrary to the motion on Item #1 and
Alderman Volpatti abstaining from the vote on Report L~96-40 on a conflict of interest
previously noted and with all others voting in fayour.
RESOLUTIONS
NO. 40 - SUSIN - CUMMINGS - BE IT RESOLVED that a message of condolence be
forwarded to the family of the late Hilda Mary Burden, mother of Acting City Treasurer, Mr.
Ken Burden.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 41 - BENDERSHOT - CUMMINGS - BE IT RESOLVED that a message of
condolence be forwarded to the family of the late Giuseppe (Joe) Scaringi, a former employee of
the Corporation of the City of Niagara Falls and father of Vile Scaringi.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 42 - FISHER - CUMMINGS - BE IT RESOLVED that a message of condolence be
forwarded to the family of the late Brian Kelly, brother of former Alderman Margaret Germane.
AND The Seal of the Corporation be hereto affixed.
Carded Unanimously.
NO. 43 - HENDERSHOT - FISHER - WHEREAS the Province had, after considerable
urging from the City of Niagara Falls and Regional Niagara, scheduled to proceed this year with
improvements to, and reconstruction of, the interchange at the QEW and Thorold Stone Road in
the City of Niagara Falls, and WHEREAS the City has conwaitted approximately $1.715
million dollars, and the Region has committed approximately $4.0 million dollars, to projects
associated with this interchange improvement with the implicit knowledge of the Province's
scheduling, and WHEREAS the proposed Interchange Improvement Project is essential to
address current road capacity deficiencies, delays to emergency services responses to the
development area west of the QEW, inadequate storm sewer capacity across the QEW (which
has contributed to upstream road and basentent flooding), and entrance requirements for adjacent
- 10-
land uses, and WHEREAS the Ministry of Transportation recently announced it will not be
proceeding with the $16 million dollar Interchange Improvement Project and construction of a
four lane structure over the QEW or any other improvements for at least ten to fifteen years, but
that they will proceed with rehabilitation works to the existing two lane structure and on/off
ramps improvements at a cost of approximately $2.4 million dollars in 1997. NOW
THEREFORE BE IT RESOLVED that immediate, direct representation (including an
invitation to a meeting in Niagara) be made to Premier Mike Harris, the Minister of
Transportation AI Palladini, and MPP Bart Mares, with a view of having the Interchange
Improvement Project at the QEW and Thorodd Stone Road reinstated and proceeded with as
Carried Unanimously
BY-LAWS
ORDERED on the motion &Alderman Ward, seconded by Alderman Cumnfings, that leave be
granted to introduce the following by-laws and the by-laws be read a first time:
96-138
A by-law to authorize the execution era conditional permit agreement with
Orchard Grove Motel Limited respecting the construction of eight (8) unserviced
single-family dwellings prior to registration of the Subdivision Agreement.
96-139
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking).
NEW BUSINESS
Montrose Business Park
The Chief Administrative Officer advised that a meeting of staff, members of Council,
Industry and Mr. Allan Blott was scheduled for Wednesday, July 10, 1996 at 2 o'clock in
Conmnittee Room #2 to discuss the concerns regarding Montrose Business Park.
Garden Walk
Alderman Shirley Fisher referred to the upcoming "Garden Walk" sponsored by the
Horticultural Society on July 13, 1996.
*****
Chippawa Summerfest
Alderman Bruce Ward advised that the Chippawn Business Association would be holding
their Summeffest on Saturday, July 13, 1996 at 10 o'clock and invited everyone to attend.
r
96-140
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Heavy Vehicles, Stop Signs)
96-14I
A by-law to authorize the execution of an agreement with 788893 Ontario
Limited operating as Niagara Crack Sealing respecting crack sealing on various
parking lots and other facilities.
96-142 A by-law to authorize monies for General Purposes (July 8, 1996).
The motion Carded with Aldermen Campbell, Craitor, Cummings, Janvary, and
Pietrangelo abstaining from the vote on By-law No. 96-142 on conflicts of interest previously
noted and with all others voting in favour. ~
ORDERED 'on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the
following by-laws be now read a second and third time:
96-138
A by-law to authorize the execution of a conditional permit agreement with
Orchard Grove Motel Limited respecting the construction of eight (8) unserviced
single-family dwellings prior to registration of the Subdivision Agreement.
96-139
A by-law to araend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking).
96-140
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Heavy Vehicles, Stop Signs)
96-141
A by-law to authorize the execution of an agreement with 788893 Ontario
Limited operating as Niagara Crack Sealing respecting craok sealing on various
parking lots and other facilities.
96-142 A by-law to authorize monies for G~neral Purposes (July 8, 1996).
The motion Ca~d with Aldermen Campbell, Craltor, Cummings, Janvary, and
Pietrangelo abstaining from the vote on By-law No. 96-142 on conflicts of interest previously
noted and with all others voting in fayour,
t
Heavy Vehicle Sign
Alderman Paisley Janvary referred to the condition of the Heavy Trucks Sign on St. Peter
Avenue and was advised that the matter had been corrected.
Condition of Bukator Park
Alderman Paisley Janvary discussed the actions of Canadians for a Clean Environment
and referred to the condition of Bukator Park,
ORDERED on the motion &Alderman Janvary, seconded by Alderman Volpatti, that the
maintenance of Bukator Park to be kept to an acceptable environmental standard. Carded
Unanimously,
Battle of Lundy's Lane Commemorative Service
Alderman Paisley Janvary advised that the Lundy's Lane Historical Society would be
holding an Annual Commemorative Service for the Battle of Lundy's Lane on Sunday, July 21,
1996 at the Drummond Hill Cemetery.
Petition regarding Downtown Parking & Report on Downtown Greenina area
Alderman Judy Orr referred to a petition from downtown area residents with respect to
downtown parking and also to a report respecting the downtown greening area. It was noted that
the Director of Community Services would be providing the information on both items.
-12-
Heavy Vehicles on Booth Street
Alderman Kim Craitor indicated that he had received several complaints from residents
on Booth Street concerning construction vehicles using Booth Street for access to Orchard Grove
Estates subdivision and requested that a "No Exit To Booth Street" sign be erected.
Canada Day Activities
Alderman Kim Craitor thanked everyone for their attendance and participation in the
Canada Day festivities.
NINETEENTH MEETING
COMMITTEE OF THE WHOL__E
Committee Room #2
July 22, f996
Council met on Monday, July 22, 1996 at 6:00 p.m. in Committee of the Whole.
All members of Council, were present. Alderman Pat Cummings presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
reported in open session.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
READ AND ADOPTED,
R.O. KALLIO, ACTING CITY CLERK
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
July 22, 1996
Council met on Monday, July 22, 1996 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council, were present.
Alderman Fermino Susin offered the Opening Prayer.
ADOPTION OF MINUTES,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the Minutes of the Planning/Regular Meeting of July 8, 1996 be adopted as printed.
Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Cheque Nos.
222424; M91510; M91527; and 22229 because members of their family are employed
by the Region; and indicated pecuniary interests on Communication Nos, 156a) 156b)
a. nd 156c) because they are members of organizations that deal with bingos,
Alderman Cummings indicated a pecuniary interest on Cheque No. 222206 and
on Report CS-96-02, because Acres is involved.
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on
Cheque No. 222370 and on Communication No. 154 because they are employed by
Niagara South Board of Education.
Alderman Fisher indicated a pecuniary interest on Report PD-96-67, because a
member of her family is employed by HOCO,
Alderman Susin indicated a pecuniary interest on Communication No. 156a),
156b) and 156c) because members of his family are involved with an organization that
deals with bingos; and indicated a pecuniary interest on Report PD-96-64 because a
family member lives in close proximity to the property; and indicated a pecuniary interest
on Report PD-96-67, because he owns property on River Road.
Alderman ~/olpatti indicated a pecuniary interest on Communication No. ~57
because she is the principal of a company which has an interest.
Prior to dealing with Deputations, it was ORDERED on ~e motion of Alderman
Craitor, seconded by Alderman Campbell, that Report PD-96-67 be brought forward.
Carried Unanimously.
PD-96-67 - Chief Administrative Officer - Re: Tourism Policies, Official Plan
Amendment No. f7. The report recommends the following:
f. That Council adopt Official Plan Amendment No. 17 except for those sections
shown in italics pertaining to building heights;
2. That staff continue to meet with property owners, tourism operators, business
groups and government agencies to refine the poficies governing building
heights.
- AND -
Communication No. fSO - HOCO - Sir Harry Oakes Company - Re: Official Plan
Amendmenl No. f. The communication addresses the issue of building height and the
filing of a site specific rezoning request.
-AND -
Communication No. 151 - Miller O'Dell - Re: Official Plan Amendment No, 17. The
communication advises as concurring with the deferrot of certain sections to permit
ongoing work and meetings to be completed.
.AND -
Communication No. f62 - pepper-Weberg Management Company Ltd. - Re:
Submission in respect of proposed "Resort Commercial" Official Plan Review' The
communication requests that the minor changes requested be incorporated in the
Official Plan Amendment or that approval of Section 6.6 of the Resort Commercial
Section of the Official Plan Amendment be deferred to permit further discussion.
Mr. Tom Richardson, Solicitor, in attendance on behalf of Marine/and, discussed
and referred to the special recognition and designation of Marineland property as a
theme park.
Discussion ensued with respect to building heights and the Director of Planning
and Development advised that a study was being carried out regarding building height
poficies and that information on the matter would be available in approximately four
months.
Following further discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Fisher, that the report be received and adopted,
The motion G~rried with Alderman Fisher abstaining from the vote on a conflict of
interest previously noted and Alderman Susin abstaining from the vote on a conflict of
interest with respect to the River Road matter and voting contrary to the motion and with
aft others voting in favour. See By-law No, 96-155
-3-
DEPUTATIONS
Ontario Hvdro Pro/oct
Mr. Jim Shewchuk, Senior Planner, Ontario Hydro and Mr. Richard Dawod,
PrOject Engineer provided a brief outline of the work to be performed on the new
electrical facilities for the Niagara Murray Transformer Station (TS) project. Mr.
Shewchuk advised that meetings had been scheduled with the residents in the area to
discuss the project; referred to the initial site preparation work and the replacement of
existing fencing with new noise absorptive screen fencing.
Following the presentation, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Volpatti, that the submission be received and filed.
Carried Unanimously.
NPH Community Resources
Ms. Maria/~urmek and Ms. Nadine Brazeau referred to the NPH Community
Resoumes organization and provided information on a project dealing with a~ - occasion
gift baskets with profits being reinvested into the community through the Good Food
Box program, MS. Furmek advised that the program linked regional growers and
consumers to help local economy while supplying families with fresh fruits and
vegetables.
His Worship Mayor Thomson thanked Ms. Furmek and Ms. Brazeau for their
presentation.
Niaqara Falls Public Library
Mr. Carman D/x, Chair discussed the issue of future reductions in Provincial
funding and services for public libraries,' referred to the Municipal Affairs and Housing
Minister's announcement that a provincial panel chaired by David Crombie would begin
a complete overhaul of "who does what" in the delivery and funding of government
services; provided information on the equity of access to a consistent level of
information; resource sharing; lifelong learning in the new economic infrastructure and
funding; discussed a joint statement outlining the Provincial and Municipal role.
Mr. Joe Longo responded to concerns expressed regarding the book drop-off
issue and advised that the matter was being looked into.
Mr. Dix thanked Council for their support and requested that Council endorse the
motion to the provincial government that it should continue its role with public libraries
through provincial funding and service support.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
Council endorses the Library's motion to the provincial government requesting that the
government should continue its role with public libraries through provincial funding and
service support. Carried Unanimously.
Public Meetinq
I. His Worship Mayor Thomson advised that the public meeting was being held for
the purpose of affording the residents in the vicinity of the proposal an opportunity to
~, express any concerns or opinions they might have with respect to the proposed
½, development. He indicated that the public meeting was not a legislative requirement
-4-
under Provincial Legislation, but that it was a long standing practice of the City to
encourage pubtic input with respect to developments in their area.
His Worship Mayor Thomson received indication that Mr. Raymond Young and
Ms. Sandra Kanracs were in attendance on behalf of Enviro-Ganics and received a
positive response to his request for a show of hands by persons present who were
interested in the application.
-AND -
Communication No. 150 - Enviro-Ganics, Ecological Systems Inc. The
communication provides information on the operation of a worm farm facility.
- AND -
Communication No. f51 - Petition from Area Residents, headed by Heather Deida.
The petition expresses opposition to the proposed establishment of a Waste Disposal
Site (processing) at 4505 Baker Road.
- AND -
Communication No. f52 - Jim & Angela Dallman, 4521 Baldwin Ave. The
communication expresses concerns regarding the type of operation being proposed; the
condition of Baker Road and the additional traffic; inadequate drainage and
contamination of the waterway.
Ms. Sandra Kanracs advised that the proposal was an environmentally
sustainable development; cost effective and space efficient with new and improved
technology with the utilization of special equipment and provided a brief summary of the
process involved.
Mr. Raymond Young, Enviro-Ganics referred to correspondence received from
the Minister of Environment and Energy recognizing the operation as an agricultural
operation and that the facility was a permitted use and that it met the City's zoning by-
law requirements.
Concerns were expressed regarding the condition of Baker Road and the inability
to handle the volume of traffic; it was stated that it was a good proposal but in the wrong
location; the effects of the facility on the environment and the permitted use.
The Acting City Clerk provided clarification with respect to the facility being a
permitted agricultural use and further advised that under the Environmental Assessment
Act, the Ministry of Environment and Energy had requested comments from the City to
determine whether to approve or disapprove the Certificate of Approval.
Discussion ensued on who would monitor and control the operation. The
Director of Municipal Works advised that the Ministry of Environment and Energy
would be responsible for monitoring and controlling the operation.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of, and a positive response
from persons opposed to the application.
Mr. Broderick, Solicitor on behalf of resident Mr. G. Mark Hopkins, expressed
concerns regarding the facility operating as a waste disposal site; the discharge of
odours; outside waste and the noise being generated by the equipment. Mr. Broderick
commented that this would be an industrial operation and that it should be located in an
industrial area. Mr. Broderick advised that Mr. Joseph Raczkovi, Mrs. Jenny Raczkovi
and Mr, Samuel Raczkovi were listed as owners of the property.
Mr. Earl Capell, 6966 Frontenac, expressed concams regarding the proposal
being a waste disposal facility; and suggested that the City ensure that the company be
bonded.
-5-
Mr. Joseph Raczkovi addressed the issue of using "garbage" as a food supply
for the worms; he stated that through the use of modern equipment there would be no
odour problems and advised that such an operation was needed.
Mr. Bill Henderson, f2171 Niagara Parkway expressed concerns on the use of
contaminated material and the contamination of the waterways from the facility. He
stated that the property was assessed residential and not agricultural.
Mr. James Susin, 4385 Baker Road, expressed concerns with respect to the
volume of waste material that would be brought in; the type of material to be used in the
process; the deterioration of Baker Road due to increased truck traffic; increased noise
levels of equipment; contamination of the waterway that flows through the property and
the alevaluation of the existing residential properties in the Baker Road area.
Mr. Jim Dallman, 4521 Baldwin Avenue expressed concerns with respect to
the location of the proposed facility.
Mr. Mark Sparkhall, f3773 Sodore Road indicated that the facih'ty should be
located in an industrial area.
Mrs. L. Moss, 4674 Baker Road expressed her concerns with respect to the
type of facility proposed in the area.
The Acting City Clerk responded to concerns expressed and responded that this
was the first step in the process and that on the matter of rezoning, appropriate
approvals must be obtained. He further advised that the Ministry of the Environment
and Energy was the only body that issues the Certificate of Approval.
- AND -
Report PD-96-64 - Chief Administrative Officer- Application for Waste Disposal
Site (Processing) Enviro-Ganics Ecological Systems Inc. 4505 Baker Road. The
report recommends the following:
l)
That Council offer no objection to the application for a Waste Disposal Site
(Processing) to operate a composting and vermiculture facility, conditional on:
no discharge of odours from the site and strict monitoring of emissions by
the company and Ministry of Environment and Energy;
no outside storage of raw waste materials prior to processing;
delivery of waste material being restricted to a maximum of 35 tonnes per
day, five days a week, during daytime working hours;
noise generating machinery being located on the site and buffered to
minimize impacts on surrounding residences and satisfy MOEE noise level
limits;
buildings and structures being setback an appropriate distance from the
agricultural drainage swale crossing the property and no waste materials
or waste water being discharged to this drainage system;
submission of a stormwater drainage plan to ensure proper on-site
drainage and acceptable flows to the roadside ditch on Baker Road;
financial assurance being received from the company to ensure proper
closure of the site should the facility be abandoned;
That Council pass a by-law to place the property under Site Plan Control and
obtain a Site Plan Agreement;
-6-
3. That a copy of this report be forwarded to both the Hamilton and Welland offices
of the Ministry of Environment and Energy.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that
comments from Council and concerned residents in the area be forwarded to the
Ministry of the Environment and Energy and expressing opposition in the strongest
possible terms to the proposal. The motion Carried with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in
favour.
COMMUNICATIONS
Communication No. f53 - McKinley-Molodynia Chiropractic Clinic - Re: Man-A-Mile
Relay Race on October 14, 1996. The communication requests permission to use
Municipal roads for the event and requesting that the Mayor or his representative be
present for the award presentations at Oakes Park.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that the
request be appmved. Carried Unanimously.
Communication No. 154- Town of Iroquois Falls- Re: School Crossing Guards.
The communication requests Council support a resolution urging the Minister of
Education and Training to amend existing legislation to include provisions that local
School Boards must provide for the safety and welfare of its pupils, including School
Crossing Guards.
ORDERED on the motion of Alderman Vollpatti, seconded by Alderman Puttick, that the
request be supported. The motion Carried with Alderman Campbell, Janvary and
Pietrangelo abstaining from the vote on a conflict of interest previously noted and with
all others voting in favour.
Communication No. 155 - Corporation of the City of Thorold - Re: Cancellation of
Televised Council Meetings. The communication requests Council endorse a resolution
strongly objecting to Rogers Cable T. V. decision to discontinue the televised coverage
of Council meetings and that Rogers Cable T. V. be asked to reinstate this vital service
to the public immediately.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the request be supported. Carried Unanimously. ~
Communication No. 158a) Monte Carlo Bingo - Re: Request for Changes to the
Bingo Rules & Regulations forthe City of Niagara Falls. The communication expresses
concerns regarding Bingo Rules & Regulations for the City of Niagara Falls; - AND -
Communication 156b) Bingo Country - Re: Response to Request for Changes to
Bingo Rules & Regulations. The communication comments on correspondence dated
July 15, 1996 from Mr. Duncan Cameron, Monte Carol Bingo. - AND -
Communication No. 156c) Monte Carlo Bingo - Re: Providing further comments and
concerns on Bingo Rules & Regulations and the Jurisdiction of Clerk's Department.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that
Communications No. 156a); 156b) and 156c) be referred to staff. The motion Carried
with Aldermen Craitor, Cummings and Susin abstaining from the vote onconflicts of
interest previously noted and with all others voting in favour.
Communication No. 157 - Trudy Richard and Norman Richard, 4286 Ferguson
Street and Petition from area residents - Re: Bus Noise. The communication
expresses concerns regarding the noise from the loading and unloading of buses at the
Days Inn By the Falls and the Best Western.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the matter be referred to staff, The motion Carried with Alderman Volpatti
abstaining from the vote on a conflict of interest previously noted and with all others
voting in favour.
-7-
Communication No. f58 - Pamela Gibson, 4754 Jepson St. - Re: Traffic concerns.
The communication expresses concerns with respect to the traffic in the area and
requesting the installation of a traffic light at the corner of Jepson and Victoria.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ward, that the
matter be referred to staff. Carried Unanimously.
Communication No. f59 - Community Living Niagara Falls - Re: Proclamation. The
communication requests Council proclaim August 11 - August 17, 1996 as "Community
Living Week".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the request be approved. Carried Unanimously.
Communication No. 160 - Niagara Falls Humane Society - Re: Proclamation. The
communication requests Council proclaim August 17, ~996 as "National Homeless
Animal Day".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the request be approved. Carried Unanimously.
Communication No. 161 - Help a Child Smile - Re: Proclamation. The "
communication requests Council proclaim the week of August 25 - August 31, 1996 as
"Help a Child Smile Week".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the request be approved. Carried Unanimously.
Communication No. 162 - The Royal Canadian Legion, Niagara Falls, Branch 51 -
Re: Proclamation. The communication requests Council proclaim the week of
September 15 - 21, 1996 as "Legion Week".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the request be approved. Carried Unanimously.
Communication No. 163 - Ms. P. Green, 6730 Kalar Rd., - Re: Extension of
sidewalks. The communication requests Council consider extending the sidewalks from
Kalar Road to Niagara Square.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the matter be referred to staff. Carried Unanimously.
Communication No. 164 - Ministry of Municipal Affairs and Housing - Re: Business
tax arrears. The communication advises that the Ministry of Education and Training will
be looking at alternative approaches to financing education services and if implemented,
the recommendations could have a significant impact on the property tax system
including business taxes.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that
a letter be forwarded to the Minister of Municipal Affairs and Housing the Hon. AI Leach,
advising him that the Council of the City of Niagare Falls wishes to have input on the
disposition of business tax arrears before any decisions are made by the "Who Does
What Panel". Carried Unanimously
Communication No. 165 - Family Federation for Unification and World Peace - Re:
'Proclamation. The communication requests that a proclamation or a letter of welcome
be provided to Mrs. Hak Ja Han Moon who will be speaking on July 28, 1996 at the
Prince Hotel, Toronto, requesting the Family Federation for Unification and World
Peace.
ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the
communication be received and filed, The motion Carried with Aldermen Hendershot
and Pietrangelo voting contrary to the motion and with all others voting in favour.
-8-
REPORTS
MW-96-120- Chief Administrative Officer- Re: West Meadow Subdivision RP59,
M-129, Relief of Easement and Establishment of a one foot reserve as a public
highway. The report recommends the following:
That the City release its easement rights over Block 218, Plan 59M-129
designated as part 26 on Plan 59R-5571;
That Block 216, Plan 59M-129 be established as public highway;
That Parts 2 and 4 on Plan 59R-9460 be conveyed to Walco Developments Ltd;
4. That the by-laws authorizing the above be approved.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-147
See Bv-law No. 96-148
See Bv-law No. 96-149
CS-96-02 - Chief Administrative Officer- Re: Ministry Building Parking. The report
recommends the following:
1. That Council authorize staff'
to enter into an agreement to provide up to 175 spaces to the Ontario
Realty Corporation ( ORC) at $10/space/month for a l O-year period;
that the agreement with the Ontario Realty Corporation be conditional
upon its willingness to enhance and improve the former King Edward
parking lot, and further
c) that employees who drive City vehicles currently parked on Elizabeth Way
be permitted to drive these vehicles to and from work when these spaces
are required by the O.R.C.
ORDERED on the motion of Alderman Volpatti, seconded by alderman Pietrangelo, that
the report be received and adopted. The motion Carried with Alderman Cummings
abstaining from the vote on a conflict of interest previously noted and with all others
voting in favobr.
RA TIFICA TION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
the actions taken on the following matters by the Community Services Committee,
earlier this evening, be approved:
1, Adoption of the Minutes of July 8, 1996 Community Services Committee meeting;
2. Proposed Property Database - that the presentation on the p(oposed property
database be received and that authorization be granted to purchase the Property
Database subject to funding details and fina! purchase amount;
3. Montrose Business Park & Proposed Golf Course, Residential & Commercial
Development - that Council enter into negotiations for the sale of the Clty's
Montrose Business Park subject to: i) final approval of an Official Plan and
Zoning Amendment; ii) any other conditions as may be appropriate; iii)
compliance with aft necessary procedural requirements - Alderman Susin
opposed;
f
Tender for Swing Sets - that the tender for the supply and installation of Swing
sets for vaious Municipal parks be awarded to Henderson Recreation Equipment
Limited at a cost of $31,129. 18;
June, 1996 Buildings Report - that the June 1996 Building Report be received
and filed;
Local Improvements on Arthur Street & Kingston Avenue - that the City initiate
Local Improvement Act curb and gutter work on Arthur Street (Stanley Avenue
westerly) and Kingston Avenue (Arthur Street to Morden Street) under Section 12
- Alderman Susin conflict;
Consulting Services for Royal Manor Drive Project - that MPS Reinders Niagara
Incorporated be retained to carry out the design for the Royal Manor Drive storm
sewer and road reconstruction project;
10.
Niagara Falls Casino - Statement of Goals - that staff consider comments from
members in revisions to the City's statement of goals for the Niagara Falls
Casino;
Cakes Park Track - that the notice on closure of the Cakes Park Track and Pitch
from July 21, 1996 until Monday, July 29, 1996 be received;
Intersection Improvements at McLeod Road and Dorchester Road - that the
correspondence from Regional Niagara on improvements to the McLeod
Road/Dorchester Road intersection be received;
11. New Business:
a) That the information on the City's hosting of the CITE 20000 Conference be
received;
b) That staff investigate the operation of stoplights at Cummington Square;
c) That staff contact appropriate agencies regarding an improved traffic design in
the area of Stanley Avenue and Highway 420.
The motion Carried with Alderman Susin voting contrary to the motion on the Montrose
Business Park & Proposed Golf Course, Residential and Commercial Development and
abstaining from the vote on a conflict of interest with regard to Local Improvements on
Arthur Street and Kingston Avenue and with all others voting in favour.
~w No. 96-145
See BV-law No. 96-146
PD-96-63 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC-6/96, Italo Canadian-Centennial Club; NE Corner Highway 20 and Thorold
Townline Road. The report recommends that Council approve the above-noted
application for a passive recreational park conditional upon the following being satisfied
.prior to the issuance of any building permits:
That the app~cant obtain any approvals required by the Ministry of
Transportation;
That the applicant obtain approval of the archaeological assessment of,the
subject lands from the Ministry of Culture, Tourism, & Recreation;
That the applicant obtain approval from the Regional health Services department
for the installation of a septic system;
That the applicant dedicate sufficient lands along the Thorold Townline Road
frontage to Regional Niagara for the purposes of a road widening.
- ].0 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and filed. Carried Unanimously.
PD-96-65 - Chief Administrative Officer- Re: Preliminary Site Plan Approval, SPC-
f0/96; Interim Casino Development, Bender Hill at Falls Avenue. The report
recommends the following:
Reconfiguring of the property lines for the subject development to satisfy Ontario
Building Code requirements;
Acceptance of site servicing and grading drawings and resolution of
infrastructure impact issues (servicing, waste management, maintenance
services, emergency services);
Satisfying of Fire Department concerns with respect to hydrant locations and
access to the Village Inn property,'
4. Acceptance of the Interim Casino Parking and Traffic Study;
5. Submission of detailed landscape plans acceptable to the Manager of Parks,
Recreation and Culture.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
RA TIFICA TION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the actions taken on the following matters by the Finance Committee, earlier this
evening, be appreved:
Adoption of the Minutes of the July 8, 1996 Finance Committee meeting;
FC-96-28 - Tax Balances at June 30, 1996 - that the report be received for
information;
FC-96-29 - Municipal Accounts - that the Municipal accounts totalling
$4,443,025.47 for the pedod ending July 22, 1996 be approved - Aldermen
Campbell, Craitor, Cummings, Janvary and Pietrangelo - conflicts of interest,'
FC-96-30 - Request for Tax Grant, The Royal Canadian Legion Chippawa
Branch - that the correspondence be received and filed - Alderman Susin conflict
of interest because he is a member of The Royal Canadian Legion Chippawa
Branch; '-
5. FC-96-31 - Employee Computer Purchase Plan - Bank Loan Agreement- that
the Bank Loan Agreement for the Employee Purchase Plan be appreved;
6. Niagara Transit Garage Expansion Project - that the matter be referred to staff
for a report. .
The motion ~ with Aldermen Campbell, Craitor, Cummings, Janvary, and
Pietrangelo abstaining from the vote on Report FC-96-29 on conflicts of interest
previously noted; Alderman Susin abstaining from the vote on Report F-96-30 on a
conflict of interest previously noted and with all others voting in favour.
See By-law No. 96-156
L-96-44 - Chief Administrative Officer - Canadian National Railway; Transfer of
Easement to City Part 2 on Reference Plan 59R-9f70. The report recommends that
the Mayor and Clerk be authorized to execute a Transfer of Easement from Canadian
National Railway Company for Part 2 on Reference Plan 59R-9170.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimousl_y_~.
See By-law No. 96-153
:1
L-96-46 - Chief Administrative Officer- Re: Daniel Encroachment Agreement with
the City, 4824 Sixth Avenue. The report recommends to permit the encroachment of a
building upon the Sixth Avenue read allowance.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-152
RA TIFICA TION OF COMMITTEE-OF- THE- WHOLE A C TIONS
ORDERED on the'motion of Alderman Hendershot, seconded by Alderman Cummings,'
that the actions taken on the following matters by Committee of the Whole, earlier this
evening, be approved:
That the City Solicitor be authorized to defend the City of Niagara Falls and
Aldermen Pietrangelo and Volpatti in an action brought in Ontario Court Division
by Ms. Julia Darnay and Ms. Rhonda Viletei-Lammert and to take all necessary
steps in that regard. Carrie~
BY-LAWS
ORDERED on the motion of Alderman Pietrange/o, seconded by Alderman Cummings,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
96-143
A by-law to delegate to the Regional Municipality of Niagara Police
Services Board the power to licence, regulate and govern security alarm
businesses.
96'144
A by-law to amend By-law No. 79-200, as amended. (AM-13/96, 5729
McLeod Road)
96-145
A by-law to authorize the execution of an agreement with Henderson
Recreation Equipment Limited respecting the supply and installation of
swing sets in various Municipal parks.
96-146
A by-law to authorize the execution of an agreement with MPS Reinders
Niagara Inc. to carry out the design for the Royal Manor Drive storm and
road reconstruction.
96-147
96-148
96,149
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for the purpose of conveying part of Lots 187 and 214 on
Registered Plan 59M-129 to Walce Developments Limited. (MW-96-120)
A by-law to establish a one foot reserve, being Block 216 on Registered
Plan 59M-129, as a pubtic highway to be known as and to form part of
Paddock Trail Drive. (MW-9 6-120)
A by-law to authorize a release and abandonment of an easement over
Part 26 on Reference Plan 59R-8571. (MW-96-120)
]2-
96'150
A by-law to establish a one foot reserve on Registered Plan 87 and Part 2
on Reference Plan 59R-9594 as public highways to be known as and to
form part of Booth Street. (MW-96-90, May 27, 1996)
96-151
A by-law to authorize the execution of an agreement with Tony Novacic
and Anna Novacic c.o.b. Sports Beat Bar and Grill.
96-152
A by-law to authorize the execution of an Encroachment Agreement with
John Patrick Daniel and Doreen Carol Daniel for the purpose of permitting
the encroachment of a porch and steps unto Sixth Avenue.
96'153
A by-law to authorize the execution by the Mayor and Clerk of a Transfer
of Easement from Canadian National Railway Company to The
Corporation of the City of Niagara Falls for part 2 on Reference Plan 59R-
9170.
96'154
A by-law to authorize a release and abandonment of an easement over
Parts 2 and 5 on Reference Plan 59R-9300. (MW-96-91)
96-155
A by-law to adopt Official Plan Amendment No. 17 (PD-96-67 Tourism
Policies)
96-156 A by-law to authorize monies for General Purposes (July 22, 1996).
96-157 A by-law to authorize the execution ef a Demand Note between The Bank
of Nova Scotia and The Corporation of the City of Niagara Falls.
The motion Carried with Alderman Susin voting contrary to By-law No. 96-155 on a
conflict of interest previously noted; and with Aldermen Campbell, Creitor, Cummings,
Janvary and Pietrangelo abstaining from the vote on By-law No. 96-156 on conflicts of
interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the following by-laws be now read a second and third time:
96-143
A by-law to delegate to the Regional Municipality of Niagara Police
Services Board the power to licence, regulate and govern security alarm
businesses. ~
96-144
A by-law to amend By-law No. 79-200, as amended. (AM-13/96, 5729
McLeod Road)
96-145
A by-law to authorize the execution of an agreement with Henderson
Recreation Equipment Limited respecting the supply and installation of
swing sets in various Municipal parks.
96'146
A by-law to authorize the execution of an agreement with MPS Reinders
Niagara Inc. to carry out the design for the Royal Manor Drive storm and
road reconstruction.
96-147
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for the purpose of conveying part of Lots 187 and 2 14 on
Registered Plan 59M-129 to Walco Developments Limited. (MW-96-120)
96-148
A by-law to establish a one foot reserve, being Block 216 on Registered
Plan 59M-129, as a public highway to be known as and to form part of
Paddock Trail Drive.(MW-96-120)
96-149
A by-law to authorize a release and abandonment of an easement over
Part 26 on Reference Plan 59R-5571. (MW-96-120)
I___
96-150
96-151
96-152
96-153
- ]3 -
A by-law to establish a one foot reserve on Registered Plan 87 and Part 2
on Reference Plan 59R-9594 as public highways to be known as and to
form part of Booth Street. (MW-96-90, May 27, 1996)
A by-law to authorize the execution of an agreement with Tony Novacic
and Anna Novacic c.o.b. Sports Beat Bar and Grill.
A by-law to authorize the execution of an Encroachment Agreement with
John Patrick Daniel and Doreen Carol Daniel for the purpose of permitting
the encroachment of a porch and steps unto Sixth Avenue.
A by-law to authorize the execution by the Mayor and Clerk of a Transfer
of Easement from Canadian National Railway Company to The
Corporation of the City of Niagara Falls for part 2 on Reference Plan 59R-
9170.
96-154
A by-law to authorize a release and abandonment of an easement over
Parts 2 and 5 on Reference Plan 59R-9300. (MW-96-91)
96-155
A by-law to adopt Official Plan Amendment No. 17 (PD-96-67 Tounsm
Policies)
96-156 A by-law to authorize monies for General Purposes (July 22, 1996).
96-157
A by-law to authorize the execution efa Demand Note between The Bank
of Nova Scotia and The Corporation of the City of Niagara Falls.
The motion Carried with Aldermen Susin and Fisher abstaining from the vote on By-law
No. 96-155 on conflicts of interest previously noted; and Aldermen Campbell, Craitor,
Cummings, Janvary and Pietrangelo abstaining from the vote on By-law No. 96-156 on
conflicts of interest previously noted and with all others voting in favour.
Alderman Velpatti requested that the matter of providing the Municipal address
along with the description in the By-laws be referred to staff.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings,
that the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
R. O. KALLIO, ACTING CITY CLERK
MAYOR WAYNE THOMSON
TWENTIETH MEETING
COMMITTEE OF THE WHOL__E
Committee Room #2
August 12, 1996
Council met on Monday, August 12, 1996 at 6:00 p.m. in Committee of the
Whole. All members of Council, with the exception of Alderman Bruce Ward, were
present, Alderman Shirley Fisher presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
reported in open session.
READ AND ADOPTED,
PLANNING MEETING
Council Chambers
August 12, 1996
Council met on Monday, August 12, 1996 at 7:00 p.m. for the purpose of
considering Planning and Regular Business Matters. All members of Council, were
present. Alderman Judy Orr offered the Opening Prayer.
ADOPTION OF MINUTES_
Alderman Susin requested that the Minutes of July 22, 1996 be amended to
reflect his conflict of interest on Report PD-96-67 with respect to the River Road matter
and of his opposition to the motion on the Report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the Minutes of the Regular Meeting of July 22, 1996 be adopted as amended.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Cheque Nas.
222586, 222685, M91571, M91549 and M91558 because members of their families are
employed by the Region.
Alderman Craitor, Cummings and Susin indicated pecuniary interests on Reports
CD-96-38, CD-96-39, CD-96-40 and CD-96-41 because they are members of
associations that conduct bingas.
Alderman Craitor indicated pecuniary interest on Cheque No. 222575 because
he is a volunteer on the Occupational Help Board.
m m
- 2-
Alderman Campbell and Mayor Wayne Thomson indicated pecuniary interests
on Correspondence No. 170 from the SkyIon Tower because members of their families
are employed by the SkyIon Tower.
Alderman Hendershot indicated pecuniary interests on Cheque No. 222542
because it is payable to himself.
Alderman Ward indicated pecuniary interest on Cheque No. 222638 because he
has a business interest.
Alderman Susin indicated pecuniary interest on Communication No. 169, The
Royal Canadian Legion because he is a member.
:!
.:
CURRENT PLANNING MATTERS
PD-96-71 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-19/96, Connie Rosati and Angelina Chu, 4108 Main Street,
Chippawa. The report recommends that Counc~ approve the application to add a
limited number of commercial uses, as outlined in this report, to the subject property's
R2 zoning and to exempt these uses from providing on-site parking, conditional on the
following being included in the amending by-law:
1. the commemial floor area be limited to 568 sq. ft; and
2. the area of the front yard be retained as landscaping.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by mailing on July 12, 1996.
His Worship Mayor Thomson received indication that an agent, on behalf of the
applicant, was in attendance and received one response to his request for a show of
hands by persons present who were interested in the application. He requested that
all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject
property with the assistance of posted sketches and reviewed the information included
in Technical Report No. PD-96-68.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in suppo,rt of or opposed to the
application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-19/96 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
report be received and adopted. Canfed Unanimously.
- 3 -
PD-96-73 - Chief Administrative Officer- Re: Proposed Plan of Subdivision 26T-
95016, Zoning By-law Amendment Application AM-f 1/96, Beaver Valley (Extension
1), Notheast Corner of Kalar Road and Beaverdams Road, Beaver Valley Realty
Ltd., c/o R.G. Maves. The report recommends that:
I. the Beaver Valley (Extension 1) Plan of Subdivision subject to.'
2,
the applicant completing an Environmental Impact Study and a storm
water management plan to the satisfaction of the Ministry of Natural
Resources and the City;
an Official Plan amendment to remove the Environmental Protection Area
designation from the lands once it can be demonstrated the designation
is redundant;
an altemative street design and lot layout as required; and iv) the
conditions attached as Appendix 1.
Council deier making a decision on the application to amend the Zoning By-la~
until the foregoing studies are completed and the design of the subdivisions can
be finalized; and
a copy of this report be sent to the Region as the City's comments on the
subdivision.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The Cjty Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by mailing on July 12, 1996.
His Worship Mayor Thomson received indication that Mr. Roland G. Maves, the
applicant was in attendance and received a positive response to his request for a show
of hands by persons present who were interested in the application. He requested that
all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject
property with the assistance of posted sketches and reviewed the information included
in Technical Report No. PD-96-69.
His Worship Mayor Thomson received a positive response for a show of hands
by persons present who were interested in the application and who wished to make
'comments to the application.
Brlan Sinclair, Barrister & Soficitor, 6617 Drummond Road, was in attendance
on beahalf of Ascot Woods and spoke in favour of the application. Ascot Woods owns
land close to these lands and they support staffs report 100%.
Jean Grendoni, RR #1 Garner Road, was in attendance and spoke in opposition
to the application with arguements about the watercourse.
Roland G. Maves, was in attendance and spoke in fayour of his application and
indicated that he would abide by all provisions outlined in the report.
- 4 -
The Deputy Director of Municipal Works indicated that the studies would address
all of Miss Grandonrs questions and concerns.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-11/96 closed.
ORDERED on the motion of A/derman Hendershot, seconded by A/derman Fisher, that
the recommendations be received and adopted. The motion Carried with Aldermen
Janvary, Orr, Puttick and Susin voting contrary to the motion and with a// others voting
in. favour.
PD-96-74 - Chief Administrative Officer - Re: Zoning By-law Amendment
Appttcation, AM-2/96, Norstan Resorts Inc., 5400 Robinson StreeL The report
recommends the following:
Council not approve the above-noted application for relief in parking for up to 20
spaces for the expansion of Impaxx Night Club on the lands known as 5400
Robinson Street;
Council approve the additional use to establish an electronic games machine
establishment on the subject lands; and
e
The applicant be encouraged to undertake construction of the parking area to
provide the additional parking spaces,
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Pubtic Meeting had been given in
accordance with Regulations by mailing on July 12, 1996.
His Worship Mayor Thomson received indication that an agent on behalf of the
applicant was in attendance and received a positive response to his request for a show
of hands by persons present who were interested in the application, He requested that
all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the rqeeting.
His WOrship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontado Municipal Board headng.
The Deputy Director of Planning and Development referred to the subject
property with the assistance of posted sketches and reviewed the information included
in Technical Report No. PD-96-70.
His Worship Mayor Thomson received a positive response for a show of hands
by persons present who were interested in the application and who wished to make
comments to the application.
Bob Boxma, Barrister & Solicitor, Suite 5800 Scotia Plaza, 40 King Street
Wes~ Toronto, Ontario was in attendance on behalf of 8742667 Ontado Limited, owner
of the Imax Theatre and spoke in support of staff recommendations. His concerns were
over the amount of parking and the video gaming facility.
Ariene Delben, Old Stone Inn, 5425 Robinson Street was in attendance and
spoke in support of staff recommendations with respect to the parking and was in
opposition with respect to the video gaming facility.
- 5 -
George Yerich Jr., SkyIon Tower, 5200 Robinson Street was in attendance to
advise Council that they had just acquired the property and requested an adjournment
of the public meeting until he has an opportunity to review the situation.
ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the
hearing be adjourned until further investigation of the matter. Carried Unanimously.
MISCELLANEIOUS PLANNING MATTERS
PD-96-72 - Chief Administrative Officer - Re: SPC-2/95, Application for Site Plan
Approval, 820872 Ontario Limited, Expansion to Thorold Stone Mall. The report
recommends that Council approve the application for an expansion to Thorold Stone
Mall for a proposed Tim Hortons restaurant and additional parking subject to the
following conditions:
i) the concurrent Minor Variance application receiving approval;
the appticant entering into a lease agreement with the City for a five-year period
to lease a portion of the Martand Avenue road allowance;
iii) the applicant transferring the requisite lands along Thorold Stone Road and
Portage Road to Regional Niagara for the purposes of road widening.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
PD-96-75 - Chief Administrative Officer - Re: Request for Designation - Willoughby
Township Hall, 11211 Sodore Road. The report recommends that Council direct staff
to proceed with the designation of the property at 1121 ~ Sodom Road under the Ontario
Heritage Act as a property having architectural and historical significance to the City.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti that the
recommendation be received and adopted. Carried Unanimously.
COMMUNICATIONS_
Communication No. f7f - SkyIon Tower- Re: Murray Hill - The communication
requests that Council and the City plan and implement an improvement project for
Murray Hill to alleviate dangerous situations respecting current and future pedestrian
traffic.
His Worship Mayor Wayne Thomson requested that this item be moved up on
the Order of Business and requested Alderman Judy Orr to preside as chair as he has
declared a pecuniary interest.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, to refer
the matter to staff. The motion Carded with Mayor Thomson and Alderman Campbell
abstaining from the vote on conflicts of interest previously noted and with aft others
voting in favour.
- 6-
UNFINISHED BUSINESS
CD-96-38 - Chief Administrative Officer - Re: Municipal Policy for Monte Carlo
Licensing. The report recommends that the Municipal Policy for Monte Carlo events
remain in effect until further information is available with respect to permanent charitable
gaming sites·
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo
to move the recommendations. The motion Carried with Alderman Cummings, Susin
and Craitor abstaining from the vote on conflicts of interest previously noted and with
aft others voting in favour.
CD-96-39- Chief Administrative Officer- Re: Response to Correspondence from
Monte CaHo Bingo Hall. The report recommends that it is for the information of
Council.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo to
receive and file the report. The motion Carried with Alderman Cummings, Susin and
Craitor abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
CD-96-40 - Chief Administrative Officer - Re: Bingo Operations in Niagara Falls -
Proposal for Changes. The report recommends the following:
That Council approve the proposed changes to the current Municipal bingo
policy.
2. That the changes become effective for the quarter commencing October 1, 1996.
Duncan Cameron, Monte Carlo Bingo, 4735 Drummond Road spoke in
opposition to the staff recommendation and made a verbal as well as written
presentation to Council.
Margaret Hagar, Bingo County, 4465 Drummond Road spoke in support of staff
recommendations and agreed with continued controlled growth.
Leigh Parre, Fallsview Hose Brigade/St. Joseph Sqhool Parant Auxilary spoke
in support of staff recommendations, but in opposition to deregulation.
Jim Wells, Executive Director, John Howard Society spoke in support of staff
recommendations.
- AND -
Communication No. 166 - Monte Carlo Bingo. The communication requests a change
in the jurisdiction of the Clerk's Department with respect to bingo prices.
- AND -
Communication No. 167 - Optimist Club. The communication is in support of the
Monte Carlo Bingo's request for a change in jurisdiction of the Clerk'.s Department with
respect to bingo prices.
. AND -
Communication No. 168 - 483 (Regional Niagara) Wing RCAFA. The communication
is in support of the Monte Carlo Bingo's request for a change in jurisdiction of the
Clerk's Department with respect to bingo prices.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti ,
that the report be received and adopted. The motion Carried with Aldermen Cummings,
Susin and Craitor abstaining from the vote on conflicts of interest previously noted and
with all others voting in favour.
7
COMMUNICATIONS
Communication No. f69 - The Royal Canadian Legion - Re: Flag Raising Ceremony.
The communication requests Councirs permission for a Legion Flag Raising Ceremony
to be held on September 16, 1996 at 9:00a.m. in honour of Legion Week.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the request be supported. The motion Carried with Alderman Susin abstaining from the
vote on a conflict of interest previously noted and with all others voting in fayour.
Communication No. f70 - Kampgrounds of America (Canada) Ltd. - Re: Niagara
Falls KOA Kampground - 8625 Lundy's Lane, Accident Report.. The communication
expresses concerns with respect to conditions at the Niagara Falls dump.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that the
matter be referred to staff Carried Unanimously.
Communication No. f72 - Lincoln Motor Inn - Re: Murray Hill. The communication~
requests that the residential size sidewalks be enlarged to accomodate the volume of
tourists·
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the matter be referred to staff. Carried Unanimously=_
Communication No. f73 - Niagara Falls Sunrise Rotary Club - Re: "Art by the Fa~s"
Art and Craft Show, September 20, 21 and 22, 1996 at Rapidsview Park· The
communication requests Council support a resolution designating the "Art by the Falls"
Art and Craft Show a "Community Festivat."
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the request be supported. Carried Unanimously.
Communication No. f74 - The City of Stoney Creek - Re: Resolution seeking support
for the Grape Growing Industry in the Niagara Region. The communication requests
Council support the City of Stoney Creek's resolution No. 17-7 requesting support from
the Ministry of Agriculture and the municipalities in the Niagara Region to seek a
method whereby the production of juice can continue as a market for local grape
growers..
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the request be supported. Carried Unanimously.
Communication No. f75 - Town of Dryden - Re: Industry Support of Recycling
.Programs in accordance with the principle of "Product Stewardship". The
communication requests Council support the resolution.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the request be supported. Carded Unanimously.
Communication No. f76 - Hospice Niagara - Re: Proclamation. The communication
requests Council proclaim the week of October 20 - 27, 1996 as "Hospice Awareness
· Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti that
the request be approved subject to established policy. Carried Unanimously.
Communication No. 177 - Bob Cushing - Re: Advertisement Sign for Pt. Lot 5,
Lundy's Lane LPT Lt. 5, Plan 653. The communication requests permission to erect a
fO foot x 20 foot sign to advertise Arby's Roast Beef Restaurant.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that
the matter be referred to staff. Carded Unanimousl~
- 8-
Communication No. 178 - The Corporation of the City of Brampton - Re: Bill 20 and
the registration of two-unit houses (Basement Apartments). The communication
requests Council's support.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that
the communication be received and filed. The motion Carried with Alderman Orr and
Alderman Pieterangelo voting contrary and all others voting in favour.
Communication No. 179 - Regional Niagara Planning and Development Department
- Re: Regional Road Allowances' Policies Proposed Policy Plan Amendment 109. The
communication requests Municipal review of this report.
ORDERED on the motion of Alderman Susin, seconded on by Alderman Fisher to refer
the matter to staff. Carried Unanimously.
Communication No. 180 - Regional Municipality of Ottawa-Carleton - Re: Motion
No. 210. The communication seeks support of Resolution respecting Bilingual Traffic
Signs.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Fisher, that
the communication be received and filed. The motion Carried with Alderman Orr,
Alderman Susin and Alderman Puttick voting contrary and all others voting in favour.
REPORTS
M-96-02 - Mayor - Re: ICMA 82nd Annual Conference. The report recommends that
the Chief Administrative Officer be authorized to attend the International City Managers'
Association Annual Conference in Washington, D.C., October 6 to 9, 1996.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the
report be received and adopted. The motion Carded with Alderman Orr voting contrary
and all others voting in favour.
MW-96-122 - Chief Administrative Officer- Re: Contract 96-08, Surface Treatment
of Roads. The report recommends that unit prices submitted by the low tenderer,
Norjohn Ltd., be accepted for the above contract and the authorizing by-law be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and adopted. Carried UnanimouSly.
See By-law No. 96-169
MW-96-123 - Chief Administrative Officer - Re: Contract 96-03, 1996 Hot Mix
Asphalt Overlays. The report recommends that the unit prices submitted by the low
tenderer, Northland Bitulithic Ltd., be accepted and that the by-law be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and adopted. Carded Unanimously.
See By-law No. 96-166
MW-96-124 - Chief Administrative Officer- Re: Contract 96-122-94 Phase 2,
Cataract Avenue & Zimmerman Avenue, Road Reconstruction.' The report
recommends that the unit prices submitted by the low tenderer~ Provincial
Construction Ltd., be accepted and that the by-law be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher
that the report be received and adopted. Carded Unanimously.
See By-law No. 96-167
- 9 -
MW-96-131 - Chief Administrative Officer- Re: Agreement between the City and
Gerardo and Anna CavariccL The report recommends that:
Council authorize to enter into an agreement for the construction of a turning
circle at the west end of Balmoral Avenue and;
2. The By-law on the agenda regarding same be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher
that the report be received and adopted. Carried Unanimously.
See By-law No. 96-170
RATIRCATION OF FINANCE COMMITTEE ACTIONS_
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti,
that the actions taken on the following matters by the Finance Committee, eadier this
evening, be approved:
1. Adoption o~ the Minutes of July 22, 1996 Finance Committee Meeting;
Chippawa Business Improvement Association - that the Chippawa BIA's
request for funding for a new dock be referred to Staff for a report, and that
financial assistance be considered during budget deliberations, and that public
meetings be held with the residents in the area of the proposed dock;
FC-96-32 - Municipal Accounts - that the Municipal Accounts totalling
$7,647,259.82 for the period ending August 12, 1996 be approved;
FC-96'33 - Boys' and Girls' Club - that Report FC-96-33 - Boys' and Girls'
Club be received for information;
FC-96-34 - 1997 Budget - that Report FC-96-34 - 1997 Budget be received for
information, and that a letter be sSnt to all concerned groups indicating the
City's objective of a 0% tax increase with no grants being protected;
Niagara Falls Transit Commission Garage Rehabilitation - Verbal Update - that
the Niagara Falls Transit Commission Garage Rehabilitation Verbal Update be
received for information;
R-96-39 - 1995 Ontario Winter Games Management Plan of Surplus Funds -
that the policy guidelines on disbursement of the 1995 Winter Games Surplus
Funds be approved and that two reserve accounts be set up for the surplus
funds.
R-96-42 - Feasibility Study for Community Recreation Facilities - New YMCA
Community Swimming Pool - that Staff be authorized to enter into an
agreement with F.J. Galloway Associates to carry out the Feasibility Study for
Community Recreation Facilities for the City at a total cost of $51,948.00;
Thunder Bay Naval Veterans Request for Contribution to Monument Fund -
that the request received from Thunder Bay Naval Veterans' Monument Fund
be received and filed.
10.
Special Olympics 1997 World Winter Games Request from VITA Community
Services to support participation of athletes - that the request from VITA
Community Services respecting funding for the 1997 World Winter Games be
received and filed;
10 -
11.
Municipal Finance Officers' Association Annual Conference - that a
contribution of $1,000.00 be approved for the Municipal Finance Officers'
Association Conference being held in Niagara Falls September 25-27;
12. New Bushess
a) Bender Hill Opening ~ that streetlight poles and fixtures be obtained from
the supplier utilized for the Victoria Avenue Contract,
b) Request for Donation - 3 on 3 Basketball Event - that $500.00 be donated
for the 3 on 3 Basketball Event.
c) Carol Avenue (Abex Property) - that a report be prepared by Staff
concerning the Abex property near Carol Avenue.
The motion Carded with Aldermen Puttick and Orr voting contrary to the motion and
with all others voting in favour.
MISCELLANEOUS MATTERS
R-96-43 - Chief Administrative Officer- Re: Nomination of Ruth Redmond for the
Order of Canada and Other Awards. The report recommends that Council support
by resolution the nomination of Ruth Redmond for the Order of Canada Award, as
weft as, other awards recognizing exceptional contribution to protecting Canada's
Natural Heritage and staff compile a biography highlighting her accomplishment to
be submitted along with the nominations.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor that
the report be received and adopted. Carried Unanimously.
See Resolution No. 44
See Resolution No. 45
See Resolution No. 46
See Resolution No. 47
See Resolution No. 48
See Resolution No. 49
R-98-44 - Chief Administrative Officer - Re: Walkway Between Brian Crescent
and Harrfman StreeL The report recommends that bollards be placed at the
entrances of the walkway connecting Hardman Street and Brian Crescent.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the report be received and adopted. Carded Unanimously.
R-96-45 - Chief Administrative Officer - Re: Supporting Niagara's Bid for the
Canada Games, 2001. The report recommends that the City support Niagara's bid
for the 2001 Canada Games through the sale of membership kits.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman
Cummings, that the report be received and adopted. Carded Unapimously.
R-96-46 - Chief Administrative Officer- Re: Niagara Falls Minor Hockey
Association, Junior "B" Hockey Agreement. That the by-law authorizing an
agreement between the City of Niagara Falls and the Niagara Falls Minor Hockey
Association for Junior "B" Hockey, be approved,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor,
that the report be received and adopted, Carded Unanimously.
-11 -
L-98-45 - Chief Administrative Officer - Re: Sale of Land to The Regional
Municipality of Niagara, Part Lots 5 & 7 Block M Plan 999/1000, West side of
Elizabeth Place, North of Morrison Street. The report recommends the following:
That part of Lots 5 & 7 Block M on Plan 999/1000, having a frontage of 51.72
feet on Elizabeth Place, north of Morrison Street and an irregular depth of
66.06 feet, be declared surplus.
That the said parcel of land be sold to The Regional Municipa~ty of Niagara
for the estimated market value of $4,300.00 plus costs.
3. That the Mayor and Clerk be authorized to execute the necessary documents
to transfer the said land to the Region.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti,
that the report be received and adopted. Carried Unanimously.
L-98-47 - Chief Administrative Officer - Re: Closing and Sale of Part of Church ..
Street, Part f on Reference Plan 59R-9617. The report recommends the fo~owing:
That the unopened road allowance known as Church Street be established as
a pubtic highway and, subsequent/y, stopped up, closed.
That the said part of the road allowance, so closed, be declared surplus and
offered for sale, to the abutting owners, at the appraised value.
That Transfers of Easements be granted to those utilities having existing
easements over the said stret, prior to the transfer of land.
4. And further, the Mayor and Clerk be authorized to execute the said Tranfer(s)
of land and Transfer(s) of Easements.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward, that the
report be received and adopted. The motion Carried with Alderman Susin voting
contrary and all others voting in favour.
L-96-48 - Chief Administrative Officer- Re: New Property Standards By-law.
The report recommends that the report be received and tabled until such time as
there is an informal public information meeting to discuss the details of the proposed
property standards by-law with interested members of the public.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti,
· that the report be received and adopted. Carried Unanimously.
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that the actions taken on the following matters in Committee of the Whole, earlier
this evening, be approved:
1. Tthat the City of Niagara Falls accept the bequest of the late Anna Kollnbock,
but permit her sister, Maria Jacyszyn to retain Anna Kollnbock's jewellery in the
approximate amount of $800.00 provided that Ms. Jacyszyn waiver her executors
fees in this matter. Carried Unanimously
12 -
RESOLU~ONS
NO. 44 - JANVARY - CRAITOR - WHEREAS Council of the City of Niagara Falls
recognizes the contributions of Miss Ruth Redmond as being significant to the
preservation of heritage in the City of Niagara Falls. NOW THEREFORE BE IT
RESOLVED that the Council of the City of Niagara Falls hereby nominates Miss
Ruth Redmond for The Order of Canada.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 45 - JANVARY- CRAITOR - WHEREAS Council of the City of Niagara Falls
recognizes the contributions of Miss Ruth Redmond as being significant to the
preservation of heritage in the City of Niagara Falls. NOW THEREFORE BE IT
RESOLVED that the Council of the City of Niagara Falls hereby nominates Miss
Ruth Redmond for Parks Canada Award.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 46 - JANVARY - CRAITOR - WHEREAS Council of the City of Niagara Falls
recognizes the contributions of Miss Ruth Redmond as being significant to the
preservation of heritage in the City of Niagara Falls. NOW THEREFORE BE IT
RESOLVED that the Council of the City of Niagara Falls hereby nominates Miss
Ruth Redmond for Gabrielle Leger Medal
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 47- JANVARY- CRAITOR - WHEREAS Council of the City of Niagara Falls
recognizes the contributions of Miss Ruth Redmond as being significant to the
preservation of heritage in the City of Niagara Falls. NOW THEREFORE BE IT
RESOLVED that the Council of the City of Niagara Falls hereby nominates Miss
Ruth Redmond for Senior Achievement for Preservation of History.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 48 - JANVARY - CRAITOR - WHEREAS Council of the City of Niagara Falls
recognizes the contributions of Miss Ruth Redmond as being significant to the
preservation of heritage in the City of Niagara Falls. NOW THEREFORE BE IT
RESOLVED that the Council of the City of Niagara Falls hereby nominates Miss
Ruth Redmond for Cruikshank Gold Medal
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 49 - JANVARY- CRAITOR - WHEREAS Council of the City of Niagara Falls
recognizes the contributions of Miss Ruth Redmond as being significant to the
preservation of heritage in the City of Niagara Falls. NOW THEREFORE BE IT
RESOLVED that the Council of the City of Niagara Falls hereby nominates Miss
Ruth Redmond for Carnochan Award..
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
13 -
NO. 50 - CUMMINGS - PIETRANGELO - BE IT RESOLVED that the Council of the
Corporation of the City of Niagara Falls hereby recognizes the Niagara Falls Sunrise
Rotary Club's '~rt by the Falls" Art and Craft Show being held on Sept. 20, 21 and
22, 1996 and designates the event as a "community festival" in Niagara Falls.
AND The Seal of the Corporation be hereto affixed.
Carried UnanimousiV.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher,
that leave be granted to introduce the fo~owing by-laws and the by-laws be read a
first time:
96-158
96'159
96'160
96'161
96-162
96-163
96-164
96-165
96-166
96-167
96-168
96-169
A by-law to establish part of Church Street, designated as Part 1 of
Reference Plan 59R-9617, as a pubtic highway.
A by-law to stop up and close part of Church Street as laid out On Plan
No. 251 and designated as Part 1 on Reference Plan 59R-9617.
A by-law to dec/are part of Chumh Street on Plan No. 251, designated
as Part 1 on Reference P/an 59R-9617, surplus.
A by-law to authorize staff to offer that part of Church Street,
designated as Part I on Reference Plan 59R-96-17, to the abutting
.owners at the appraised value.
'A by-law to declare part of Lots 5 and 7 Block M on Plan 999/1000,
having a frontage of 51.72 feet on Elizabeth Place, north of Morrison
Street and an irregular depth of 66.06 feet, surplus.
A by-law to authorize the conveyance of part of Lots 5 and 7 Block M
on Plan 999/1000 to The Regional Municipality of Niagara for the sum
of $4,300.00 plus costs.
A by-law to authorize the execution of an agreement with Niagara Fails
Minor Hockey Association.
A by-law to authorfze the execution of a conditional permit agreement
with Falls Masonary Limited respecting the construction of eight (8)
unserviced townhouse dwelling units prior to meeting all the
requirements to obtaining building permits for the same.
A by-law to authorize the execution of an agreement with Northland
Bitulithic Ltd. for 1996 hot mix asphalt overlays.
A by-law to authorize the execution of an agreement with Provincial
Construction Ltd. for read reconstruction.
A by-law to authorize the execution of an agreement with F.J.. Galloway
Associates Inc.
A by-law to authorize the execution of an agreement with Norjohn
Limited for sudace treatment of roads.
- 14-
96-170
A by-law to authorize the execution of an agreement with Gerardo
Cavaricci and Anna Cavaricci respecting the construction of a turning
circle at the west end of Balmoral Avenue.
96-171 A by-law to authorize monies for General Purposes (August 12, 1996)
The motion Carried with Aldermen Susin voting contrary to By-law Nos. 96-158, 96-
159, 96-160 and 96-161 on a conflict of interest previously noted; Alderman Orr
voting contrary to By-law No. 96-168; Aldermen Craitor, Cummings, Hendershot and
Ward abstaining from the vote on By-law No. 96-171 on conflicts of interest
previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, that the following by-laws be now read a second and third time:
96-158
A by-law to establish part of Church Street, designated as Part 1 of
Reference Plan 59R-9617, as a public highway.
96-159
A by-law to stop up and close part of Church Street as/aid out on P/an
No. 251 and designated as Part I on Reference Plan 59R-9617.
96-160
A by-law to dec/are part of Church Street on P/an No. 251, designated
as Part I on Reference Plan 59R-9617, surplus.
96-161
A by-law to authorize staff to offer that part of Church Street,
designated as Part 1 on Reference Plan 59R-96-17, to the abutting
owners at the appraised value.
96-162
A by-law to dec/are part of Lots 5 and 7 Block M on P/an 999/1000,
having a frontage of 51.72 feet on Elizabeth P/ace, north of Morrison
Street and an irregular depth of 66.06 feet, surplus.
96-163
96-164
A by-law to authorize the conveyance of part of Lots 5 and 7 Block M
on Plan 999/1000 to The Regional Municipality of Niagara for the sum
of $4,300.00 plus costs.
A by-law to authorize the execution of an agreement with Niagara Falls
Minor Hockey Association.
96-165
A by-law to authorize the execution of a conditional permit agreement
with Falls Masonary Limited respecting the construction of eight (8)
unserviced townhouse dwelling units prior to meeting all the
requirements to obtaining building permits for the same.
96-166
A by-law to authorize the execution of an agreement with Northland
Bitulithic Ltd. for 1996 hot mix asphalt overlays.
96.167
A by-law to authorize the execution of an agreement With Provincial
Construction Ltd. for road reconstruction.
· 96-168
A by-law to authorize the execution of an agreement with F.J, Galloway
Associates Inc.
96-169
A by-law to authorize the execution of an agreement with Norjohn
Limited for surface treatment of roads.
15 -
96-170
A by-law to authorize the execution of an agreement with Gerardo
Cavaricci and Anna Cavaricci respecting the construction of a turning
circle at the west end of Balmoral Avenue.
96-171 A by-law to authorize monies for General Purposes (August '/2, '/996)
The motion Carried with Aldermen Susin voting contrary to By-law Nos. 96-'/58, 96-
'/59, 96-'/60 and 96-161 on a conflict of interest previously noted,' Alderman Orr
voting contrary to By-law No. 96-~68,' Aldermen Craitor, Cummings, Hendershot and
Ward abstaining from the vote on By-law No. 96-~7'/ on conflicts of interest
previously noted and with aft others voting in favour.
NEW BUSINESS
Fruit and Vecletable Vendors
Alderman Shirley Fisher indicated that a number of fruit and vegetable
vendors are putting up stands around the City and questioned if they were licensed
by the City. The City Clerk responded to the question and indicated that if the
vendors are farmers selling their own product they do not require a licence.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, to
have staff investigate and report on fruit and vegetable stands. Carried
Unanimously.
Idlinq Vehicles
Alderman Bruce Ward indicated that numerous vehicles are left idling and
emmitting toxins in the air.
ORDERED on the motion of Alderman Word, seconded by Alderman Cummings, to
have staff investigate and report on idling vehicles. Carried Unanimously.
Blue Box Proclram
Alderman Shirley Fisher spoke about review ef the blue box program. Council
asked that the matter be brought up at Community Services.
Envirooanics
Alderman Fermino Susin spoke about Enviroganics and indicated that he
· declared a conflict about the matter at the previous meeting dealing with this issue.
His concern was about agriculture uses under the zoning by-law, He indicated that
he felt there should be a review of the rural by-law as soon as possible to make
them clear.
- 16-
Parkinn Lot Permits
Alderman Judy Orr requested clarification with respect to parking by permit in
the downtown lots. The Director of Municipal Works indicated that he would check
into the matter of time limitations and the City Solicitor spoke with respect to by-law
enforcement.
Downtown Sidewalk Repair
Alderman Kim Craitor requested the Director of Municipal Works to pay
attention to My Country Delicatessen when they do the work on the sidewalks in the
downtown area because the sidewalk is sloping into the building,.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
TVVENT~RRST MEERN~
REGULAR COUNCIL
Council Chambers
August 26, 1996
Council met on Monday, August 26, 1996 at 7:00 p,m. for the purpose of
considering Regular Business Matters. All members of Council, with the exception of
Aldermen Campbell, who was absent, were present. Alderman Puttick offered the
Opening Prayer.
ADOPTION OF MINUTES_
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the Minutes of the Planning Meeting of August 12, 1996 be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Craitor indicated pecuniary interests on Cheque No.
223169 because members of their family are employed by the Region.
Alderman Fisher indicated a pecuniary interest on Report PD-96-76 because she
is the landlord.
Alderman Janvary indicated pecuniary interests on Planning Item 2 because her
son works in the immediate area.
DEPUTATIONS
Miss Trinity Dobson provided a petition and addressed Council on the issue of stop
signs on Franklin, Munro, Ash and Culp Streets and requested Council's favourable
consideration on the matter before something happens of a tragic nature.
His Worship commended Miss Dobson on her presentation.
ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo that
the matter be referred to staff (Parking and Traffic Committee).
Ms. Wendv Southall, Police Services Board and Insl3. G~I of Nlauara Req/ot~al
Pofice addressed Council and fielded questions respecting the Regional Adult
Entertainment By-law.
Following some discussion, it was ORDERED on the motion of Alderman Volpaffi,
seconded by Alderman Craitor that Council pass the Adult Entertainment By-law
appearing on this evening's agenda and enter into an agreement with the Police
Services Board to provide for the administration and enforcement of services with
respect to licensing and regulation of Adult Entertainment padours and that the
enforcement of Part 4 (Entertainers Licence) be stayed pending the outcome of the
Niagara-On-The-Lake Judicial revie ~w...; The motion Carded with the following recorded
vote:
AYE: Aldermen Craitor, Janvary, Pietrangelo, Susin, Volpatti, Ward
and Mayor Thomson.
NA YE: Aldermen Cummings, Fisher, Hendcrshot, Orr, and Puttick.
-2-
See By-law No. 96-174
See By-law No. 96-175
COMMUNICATIONS
Communication No. 181 - City of Welland - Re: Delegation of Approval Authority
Subdivision, Condominium and Consent to Sever. The communication requests
Council support a request petitioning the Regional Municipality of Niagara to delegate
Subdivision, Condominium and Consent to Sever approval authorities to the City of
Welland.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher that
the request be supported. Carried Unanimously.
Communication No. 182 - B. Jane Elson, 12876 Ort Road - Re: Proposed racetrack
at the intersection of Sodom Road and the Queen Elizabeth Way in the City of Niagara
Falls. The communication expresses concerns about the proposed racetrack at the
intersection of Sodom Road and the Queen Elizabeth Way in the City of Niagara Falls.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that
the correspondence be referred to staff, and that a meeting should be held with
representatives from the Planning Department and the proponents. Carried
Unanimously.
Communication No. 183 - Village of Chippawa Citizens' Committee - Re: Chippawa
Town Hall. The communication requests that, in the event that Peterson Community
Workshop no longer require the use of the Chippaws Town Hall in whole or in part, the
Village of Chippaws Citizens' Committee, a non-profit organization, would like to have
the "First Right of Refusal" for occupancy for the purpose of a museum and collection
of historic Chippawa memorebllia.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher that the
request be acknowledged and that the matter be received for information. Carried
Unanimously.
Communication No. 184 - Rachel Schug, 5150 Dorchester Road - Re: Accident
at Oakes Park. The communication expresses co~cems that strong young adults are
permitted by City Council to play soccer adjacent to a walking tract that is well used by
many individuals, and suggests that soccer games be restricted to the minor division
at Oakes Park.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that
the matter be referred to staff. Carrfed Unanimously.
Communication No. 185 - Niagara Peninsula Electrical ContractorsAssoCiation
Inc. Re: Electrical contractors and Master electricians Licensing By-law. The
communication requests Council support the introduction of a licensing by-law for
electdcal contractors and master electricians by the Regional Municipality of Niagara
Police Services Board.
ORDERED on the motion of Alderman Volpaffi, seconded by Alderman Cummings that
the matter be received and filed for the Inforrnatlon~ ,o.f Council. Carded Unanimously.
Communication No. 186 - Residents of Drummond Park Village Subdivision - Re:
Removal of trees from the woodlohtc~ the:south of the subdivislon. The communication
protests the destruction of trees In the woodlot to the south of their subdivision, and
suggests that the building a berm or fence to replace the natural noise barrier which
was removed, should be the responslbill(y of whoever took the trees down.
- 3 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatfi that
the matter be referred to the Environmental Planning and Greening Committee and staff
for a report, and that Mr. & Mrs. Donald Henderson be sent a copy of the report.
Carded Unanimously.
Communication No. 187- Diane McClure, 8166 Mount Olive Crescent - Re: By-laws
regulating fencing around in-ground pools in the City of Niagara Falls. The
communication expresses concern about the by-laws regulating fencing around
inground pools in the city of Niagara Falls and suggests that the current minimum height
requirement of 42" is grossly inadequate.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti that
the matter be referred to staff. Carded Unanimously..
Communication No. 188 - Dr. Maria and Dimo Roussev - Re: Proposed Chippaws
Public Dock. The communication requests that Council reject the proposed public dock
since there is a nqgative impact for the whole area. - AND - Communication No. 188a .-
Norma J. Stuart. The communication expresses opposition to the construction of the
proposed public docks on the Welland River and provides comments and concerns. -
AND - Communication No. f88b - Jack A. McLaren Jr. - The communication provides
further comments and concerns on the proposed Chippaws BIA Public Docks. - AND -
Communication No. 188c - The Jacket Cellar - The communication requests that
many issues be addressed when the matter is under consideration. - AND -
Communication No. f88d - D. Jack McLaren Sr. - The communication expresses
concerns about the alteration of the banks of the Welland River and the eventual effects
to the residents, the environment, and the natural propagation of various types of fish
which depend on the natural waterway. - AND - Communication No. 188e - L. Y.
Bukator- The communication opposes the construction of the public docks and
provides further comments. - AND - Communication No. 188f- Dr. Peggy Dowell,
Chippaws Animal Hospital - The communication objects to the proposed Public Docks
to be built on Bridgewater Street. - AND - Communication No. 188g - Don and Myrna
Keppy- The communication expresses opposition to the proposed Public Docks. - AND
- Communication No. 188h - John and Marion King - The communication expresses
concerns about the proposed construction of the Public Docks. - AND -
Communication No. 188i - Mrs. Joyce Davis and Don Greaves; Mrs. Mary Morton;
Mr. Donald Duck; Eileen Haines; and David Walker, tenants of Apartment building
at 3865 Front Street. The communications object to the proposed public boat dock.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti that
the correspondence be received and filed and all correspondence be forwarded to
Council for review and that the matter be referred to staff. Carried Unanimously.
REPORTS
MW-96-f30- Chief Administrative Officer- Storm Sewer Extension on Valle~ Way
from Valley View Crescent 72 Metres East. The report recommends that the City
enter into a cost sharing agreement for the extension of a 375mm (15'~ diameter storm
sewer on Valley Way from Valley View Crescent to a point approximately 72 metres to
the easL
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that
the report be received and adopted. Carried Unanimously..
MW-96-132 - Chief Administrative Officer - Award of Tender 96-02 - Sidewalk
Repairs. The report recommends that the unit prices submitted by the low tenderer,
Sacco Construction Ltd., be accept~a ~'or the above cbntract and the authorizing by-be
passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo
that ~e report be received and adopted, Carded Unanimously.
-4-
See By-law Mo. 96-178
MW-96-133 - Chief Administrative Officer -'Award of Tender 96-f29-95 - Queen
Street Paving Stone Replacemight. The ;rep~rt~recommends that the unit prices
submitted by the low tenderer, Cambium Site Contracting Inc., be accepted and that the
by-law appearing on ,tonight's agenda be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo
that the report be received and adopted. The motion Carded with Alderman Orr voting
contrary and all others voting in favour. '
See By-law No. 96-176
MW-96-134 - Chief Administrative Officer- Award of Tender 96-132-95 - Mewburn
Road and Thompson Road Rehabilitation. The report recommends that the unit
pdces submitted by the low tenderer, Nodohn Ltd., be accepted and the by-law be
passed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that
the report be received and adopted. Carded Unanimously.
See By-law No. 96-177
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that
the actions taken on the following matters by the Community Services Committee,
earlier this evening, be approved:
I. Adoption of the Minutes of July 22, 1996 Community Services Committee with
amendment;
4.
Request for sidewalks on Watson Street - that the request for sidewalks on
Watson Street be referred to Staff for a report and discussion at budget
deliberations.
MW-96-125 - Building & Inspection Report for July, 1996 - that the Building and
Inspection Report for the month of July 1996 be received and filed;
MW-96-135 - Ecolad Corporation Termlhation of Contract - that the agreement
with Ecolad Corporation for placement of litter receptacles in Niagara Falls be
terminated;
R-96-47 - t44nter Ice Schedule - that the schedules for Special Events and V~nter
Ice Use for the 1996/97 season be approved; ' '
FD-96-06 - Protective Clothing for Firefighting . that the purchase of protective
firsfighting clothing and emergency rescue needs from Safe Design Apparel Ltd.
in the amount of $17,049.78 plus taxes be approved;
FD-96-07- Responses to Hazardous Material Incidents - that an agreement be
entered into with' various hazardous waste haulera for control, cleanup and
disposal of hazardous materials;
Blue Box KTt for. Area Municipalities - that inf~rmation be received on Blue Box
Kits for Area Municipalities and that the Region be advised of the on-going
problems associated with pick-up. of rocyclables;
Niagara Falls Casino Initiative Statement of Goals - that information be received
on the Niagara Falls Casino Initiative Statement of Goals;
Ministry of Transportation Letter Re: Grass Cutting along the Q. EW. - that
correspondence from the Ministry of Transportation concerning grass cutting
along the Q.E.W. be received for information and a response be provided to the
MTO advising. of our dissatisfaction with the outcome of this matter;
11. Boulevard Grass Cutting on Street between Drummond Road and Dorchester
! Road - that correspondence from Regional Niagara concerning boulevard grass
cutting on Morrison Street be received and ~ed.
12.
OHMPA Asphaltopics Articles - that information contained in the OHMPA
Asphaltopics Articles be received and filed, and that authorization be granted to
the preparation of a joint submission to the Federal Standing Committee on
Transport, on transportation, trade and tourism at a cost of approximately
$5,000.00;
13. KOA Canada Accident at Landfill - that correspondence to KOA Kampground
concerning an accident at the Mountain Road Landfill be received and filed anc~
that Staff prepare a further report on this matter. Carried Unanimously.
PLANNING AND DEVELOPMENT MATTERS
PD-96-76 - Chief administrative Officer - Re: Tenant Protection Legislation,
Municipal Comments on Discussion Paper. The report recommends that:
~. Council support the proposals outlined in the discussion paper, with the
~ exception of the removal of municipal approval for applications to demolish,
renovate or convert existing rental units; and
This report be forwarded to the Ministry of Municipal Affairs and Housing.
}RDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti
hat the report be received and adopted. The motion Carried with Alderman Fisher
~bstaining from the vote on conflict of interest previously noted and with all others
/oting in favour.
,!
~J~D-96-77, SPC-8/96 - Chief Administrative Officer- Re: Request for Site Plan
· 4pproval for a 20-Storey Hotel Development. The report recommends that City
.. ~ ;ouncll may wish to approve the development of the first phase (approximately 260
units) of a 594-unit, two tower, 20-storey hotel complex and parking area conditional
Don the following:
The approval of the site plan; servicing and grading plans to the satisfaction of
the Director of Municipal Works and Director of Planning and Development;
The approval of hydrant locations, fire lanes, building access and other matters
to the satisfaction of the Fire Department;
The preparation of detailed landscaping plans to be approved by the Manager
of Parks, Recreation and Culture; and
That the applicant enter into a site plan agreement respecting aft the foregoing.
on the motion of Alderman Creitor, seconded by Alderman Orr that the
be deferred for two weeks. The motion Carded with Alderman Janvary
from ~e vote on conflict of interest previously noted and with aft others
in favour. '
-6-
RATIFICATION OF FINANGE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
fiat the actions taken on the following matte :r.s' bF.' the Finance Committee, earlier this
evening, be approved:
1. Adoption of the August 12~. 1996 Finance Committee minutes, as recorded;
2. That the Municipai Accounts totalling $1,650, 910. 12 ,for the period ending August
26, 1996, be approved;
That the Ubrary Reserve Funds be consolidated into a single bank account at the
Corporation's bank and that the Corporation and the Niagara Falls Public Library
· Board have a co-operative banking/signing authority for the new account;
That the Corporation enter into an agreement with the Bank of Nova Scotia for-"
a bill payment service for tax and water accounts;
That the correspondence from the Veterans Recognition and Remembrance
Services be received and filed;
That a billing credit be 8pproved for sewer lateral cleaning charges in the amount
of $27.00 to Mrs. Joyce Antonio.
The motion Carried with Aldermen Craitor and Cummings abstaining from the vote on
conflicts of interest previously noted and Alderman Volpatti voting contrary to the motion
on the billing credit approval for sewer lateral cleaning charges to Mrs. Joyce Antonio,
and with all others voting in favour.
See By-law No. 96-179
CD-96-42 - Chief Administrative Officer - Re: Reduction and Refund of Taxes,
Section 443 of The Municipal AcL The report recommends that:
That a refund of taxes amounting to $612.30 for the year 1994 be made to Gold's
Vadety Ltd., 4388 Queen Street (1st Floor).
That a reduction of taxes amounting to $920.85 for the year 1994 be made to
Nicola Colaned, 4271 Fourth Avenue.
That a refund of taxes amounting to $38.23 for the year 1994 be made to Mark
Patdck. Dougan, 4821 Second Avenue.
e
That a refund of taxes amounting to $172.00 for the year 1994 be made to
Vincent and Margaret Germano, 5336 Stamford Street,
That a reduction of taxes amounting to $691.24 for the year 1994 be made to B,
Herbert and P. OBrfan T/A B & P Automotive Service,, 5602 Fraser StraeL
That a reduction of taxes amounting to $681.67 for the year 1994 be made to
Ennsbm Painting Contractors Ltd., 5734 V~.l,ley Way.
That a reduction of taxes amounting to $4,984.51 for the ~ear 1995'be made to
Valdi and Company Limited, Partnership, 6175 Dunn StraeL
That a reduction of taxes amounting to $765.16 for the year 199~ be made to
Valdl.and Company Limited Partnership, 6175 Dunn Street.
e
- 7 -
e
That a reduction of taxes amounting to $171.82 for the year 1993 and $171.99
for the year 1994 be made to Joseph and Susan Pellegrino, 5762 Deerbrook
Street.
10. That a refund of taxes amounting to $76.44 for the year 1994 and $77.63 for the
year 1995 be'made to Diana and Yvon Roussel, 7121 Dorchester Road.
11. That a reduction of taxes amounting to $365.95 for the year 1994 be made to
Steven White T/A Smeaders Loganberry Syrup, 4424 Montrose Road,
12.
That a refund of taxes amounting to $271.93 for the year 1993 and $280.24 for
the year 1994 be made to D. Isabel and Barbara Glintz, 4555 Beechwood Road.
13. ' That a refund of taxes amounting to $76.36 for the year 1993 and $76.45 for the
year 1994 be made to Helen Marie Bruder, 3410 Callan Street.
14. That a refund of taxes amounting to $34.00 for the year ~993 be made to Benito
and Made DiDomenico, 7846 Biggar Road.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher that
the report be received and adopted. Carried UnanimousIv.
RESOLUTIONS
NO. 51 - SUSIN - VOLPATTI - BE IT RESOLVED that the Council of the Corporation
of the City of Niagara Falls petitions the Regional Municipality of Niagara to delegate
Subdivision, Condominium and Consent to Sever approval authorities to the City of
Niagara Falls and that a copy of this resolution be forwarded to the Chair and Council
of the Regional Municipality of Niagara.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 52 - HENDERSHOT- CUMMINGS - WHEREAS Council recognizes, as significant,
the Olympic Gold Medal and World Record performance of Donovan Bailey in the 100
metres at the 1996 Olympic Games held in Atlanta, Georgia, U.S.A., and WHEREAS
there appears to be a concerted effort on the part of the U.S. media and in Track and
Field circles to downplay the achievement of Mr. Bailey by denying him the recognition
as the World's Fastest Man, the title commonly conferred on the Olympic Gold Medalist
in the 100 metres, and WHEREAS City of Niagara Falls resident, Mike Leskiw, has
through his own efforts, in time and money, initiated a fund together with The Oakville
Beaver newspaper, to place advertisements in the U.S.A. Today, proclaiming Donovan'
Bailey as the World's Fastest Man, and Oakvilla as his hometown. NOW THEREFORE
BE IT RESOLVED that the City of Niagara Falls recognizes the efforts of Mr. Leskiw
and congratulates and wholeheartedly thanks him for showing the initiative t.o do
something about this obvious slight on a Canadian athlete and his accomplishment by
the U.S. media.
And The Seal of the Corporation be hereto affixed. Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
98472 To Authorize the exeE~ion Of a subdivision for Orchard Grove.
98473
To authon'ze the exeoution of an agreement with the Bank of Nova Scotia.
- 8-
96'174
To authorize' the execution of an agreement with The Regional
Municipality of Niagara Police Setvices Board to provide for the
administration, inspection and enfomement setvices with respect to
licensing and regulating adult qnte~t.alnment padours.
96-175
96-176
To provide for the licensing, regulating and inspection of adult
entertainment padours and entertainers at adult entertainment parlours.
To authorize the execution of an agreement with Cambium Site
Contracting Inc. respecting the replacement of interlocking paving stone
on Queen Street between Ontario Avenue and Erie Avenue.
96-177
To authorize the execution of an agreement with Norjohn Limited
respecting Mewbum Road and Thompson Road Rehabilitation.
96-178
To authodze the execution of an agreement with Sacco Construction
Limited respecting the 1996 sidewalk and concrete repair program.
96-179 To authorize monies for General Purposes (August 26, 1996).
The motion Carried with Aldermen Cummings and Craitor abstaining from the vote on
by-law No. 96-179 on conflicts of interest previously noted; Alderman Orr voting contrary
to By-law No. 96-174, 96-175 and 96-I 76, and Aldermen Cummings, Fisher, Hendershot
and Puttick voting contrary to By-law No. 96-174 and 96-175 and with all others voting
in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the following by-laws be now read a second and third time:
96-172 To Authorize the execution of a subdivision for Orchard Grove.
96-173 To authorize the execution of an agreement with the Bank of Nova Scotia.
96-174
96.175
96.176
To authorize the execution of an agreement with The Regional
Municipality of Niagara Police Setvices Board to provide for the
administration, inspection and enforcement setvices with respect to
licensing and regulating adult entertainment padours.
To provide for the licensing, regulating and inspection of adult
entertainment padours and entertainers at adult entertainment parlours.
To authorize the execution of an agreement with Cambium Site
Contracting Inc. respecting the replacement of interlocking paving stone
on Queen Street between Ontado Avenue and Erie Avenue.
96-177
96.178
To authorize the execution of an agreement with Norjohn Cimited
respecting Mewbum Road and Thompson Road Rehabilitation.
To authorize the execution of an agreement with Sacco Construciion
Limited respecting the 1996 sidewalk and concrete repair program,
96,179 To authorize .monies for General Pu~.oses (August 26,. 1996).
The motion Carded with Aldermen Cummings and Craitor abstaining 'from the vote on
by-law No. 96-179 on conflicts of interest previously noted; Alderman Orr voting contrary
to By-law No. 96-174, 96. 175 and 96-'176,. and Aldermen Cummings, Fisher, Hendershot
and Puttick voting contrary to By-law No. 96-174 and 96-17~ and with all others voting
In favour. '
NEW BUSINESS
Alderman Hendershot recei~,ed numerous ~lls about helicopters, including call
from Mr. Samson o.n Matthews Drive. The helicopters have apparently changed their
routes. Mayor Thomson indicated that he would follow up on this matter.
Alderman Hendershot reminded everyone about the Terry Fox Run scheduled
for September 22, 1996. Alderman Campbell is to head the City team.
Mayor Thomson produced a letter from the Niagara Falls Junior B Canucks and
informed the meeting that he has the ability to approve the placing of a full page
advertisement for $175.00.
Ordered on the motion of Alderman Cummings and seconded by Alderman Janvary
that the Mayor be authorized to place a full page Ad in the Canuck's program. Carded
Unanimously.
Daffodil bulbs - Ordered on the motion of Alderman Janvary, seconded by Alderman
Cummings that the purchase of 1500 bulbs be authorized. Carried Unanimously.
Ordered on the motibn of Alderman Hendershot, seconded by Alderman Cummings that
there be a City Resolution to Mike Leskiw congratulating him and thanking him for his
efforts respecting the achievement of Donovan Bailey becoming the fastest runner in
the world. Carded Unanimously.
There is a problem with heavy trucks on Carroll Avenue. The roadway is deteriorating
terribly. Larry Oates reported that road reconstruction is scheduled. Ordered on the
motion of Alderman Pietrangelo, seconded by Alderman Cummings that this street be
given top priority. Carded Unanimously.
Alderman Orr Would like to see the intersection of Huron and Ontado Streets realigned,
and expressed concems about the stop signs at the intersection as well. Larry Oates
advised that this situation is currently under review.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
TWENTYSECOND MEERNG
COMMITTEE OF THE WHOL_E
Committee Room #2
September 9, 1996
Council met on Monday, September 9, 1996 at 6:30 p.m. in Committee of the
Whole. All members of Council, with the exception of Alderman Judy Orr, who was
away due to illness, were present. Alderman Selina Volpatti presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
reported in open session.
READ AND ADOPTED,
PLANNING MEETING
Counc~ Chambers
September 9, 1996
Council met on Monday, September 9, 1996 at 7:00 p.m. for the purpose of
considering Planning and Regular Business Matters. All members of Council, with the
exception of Alderman Judy Orr, who was away due to illness, were present. Alderman
I<im Craitor offered the Opening Prayer.
ADOPTION OF MINUTES_
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the Minutes of the Regular Meeting of August 26, 1996 be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Report F-96-26, Cheque
No. 223385 because Acres is involved.
.. Aldermen Crsitor and Cummings indicated pecuniary interests on Report No.
F-96-26, Cheque Nos. 223677; 223420; 223600 and M51915 because members of their
families are employed by the Region.
Alderman Craitor indicated a pecuniary interest on Report No. F-96-26, Cheque
No. 223505 because he sits on the Board as a volunteer 'member and Cheque No,
223696 because he is the recipient,
- 2 -
Alderman Susin indicated a pecuniary interest on Report CD-96-43, MW-96-136
and By-law No. 96-182 dealing with improvement works on Arthur Street, because his
mother resides in the area.
Alderman Ward indicated pecuniary interest on Report [:-96-26, Cheque No.
223575 because he has a business interest.
- 3
His Worship Mayor Thomson introduced Mr. Derek Miller, who presented a
Certificate of Recognition to the Mayor and members of Council on behalf of Rogers
Community Cable 10 in acknowledgemerit of their participation in community television
programming and for having made a valuable contribution to the growth and
development of the community.
Mayor Thomson, on behalf of City Council, wished Mr. Derek Miller good luck in
his future endeavours with Rogers Cable 10 in St. Catharines.
Renis and Kathie Lee Television Show
Prior to dealing with Agenda matters, His Worship Mayor Thomson discussed
the five broadcast from Oakes Garden Theatre of the television show "LIVE with Regis
& Kathie Lee" that had been held earlier on in the day and of staffs efforts for its
SUCCESS.
Following the discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Cummings, that a letter of appreciation be fon/varded to City
staff and Serge Felicetti for aft their efforts for a successful day,
RCMP Musical Ride
Alderman Kim Craitor provided further information on the RCMP Musical Ride
that was being held in support of United Way through the efforts of the Labour Council
on September 14, 1996 at Oakes Park. Alderman Craitor thanked members of Council
for their support and invited everyone to attend the event.
PRESENTA~ONS
1996 Summer Tril~um Awards
His Worship Mayor Thomson and Aldermen Janvary and Fisher presented the
1996 Summer Tfiilium Awards for Community Beauti~cation to the local winners.
Residential
First: Place - Larry and ShiHey Marsldo; Second Place: - David and Avril
Fioravanti; Third Place: Placido and Patti lammarino; Award of Merit: - Jim and
Romona Weaver; Sylvia Cameron; Nicholas and Antoinette DiBellonia; Jim
Beauparlant; Jim Mann; John and Ann Elefante; John Solose; Mrs. Anne Mason;
Lyle R. Teakle; Fay Wilson and Elizabeth Prsst.
Commeroial/Institutional/IndustHal/MultiDle Dwelling Complexes
First Place: - Willoughby Manor- Elizabeth Hough; Second Race:- St. Patrick's
Chumh - Aldo Vlsentin; Third Place: - Summerset Court Apartments - Helen and
lan Sutherland; Award of Merit: - Robert W. Blake
His Worship Mayor Thomson welcomed Rogers Cable 10 back to Council
Chambers and advised that Council meetings would be televised with a 2-hour tape
delay on Monday evenings.
CURRENT PLANNING MATTERS
PD-96-81 - Chief Administrative Officer - Re: Subdivision and Zoning By-law
Amendment App~cations; 26T-96008, AM-15/96, River Realty Development (1976)
Inc., Proposed Mount Carmel Plan 2, Phase 2 plan of Subdivision. The report
recommends the following:
That Council approve the Mount Carmel Plan 2, Phase 2 plan of subdivision
subject to the conditions in the attached Appendix I;
That Council approve the requested zone change from R4 to a modified R1A
zone;
That a copy of this report be forwarded to the Region as the City's comments on
the plan of subdivision.
- AND -
Communication No. 189 - Niagara Peninsula Conservation
communication advises as having no objection to the proposal.
Authority. The
- AND -
Communication 190 - Regional Niagara, Planning and Development Department.
The communication requests that consideration be given to the impact of the reduction
in the type and number of units over the previously approved development scenario.
- AND -
'Communication No. 190a) The Regional Municipafity of Niagara. The
communication advises as having no objections to the rezoning and provides comments
on the draft plan of approval dated July 25, 1996.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on August 9, 1996.
His Worship Mayor Thomson received indication that Mr. Stewart Branscombe,
was in attendance and received a negative response to his request for a show of hands
by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make ore/or written
submissions at the Council meeting could result in the dismissal of the case at,a future
Ontario Municipal Board hearing.
- 4 -
The Dl~'ector of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information included in Technical
Report No. PD-96-79; Nature of the Amendment; Background; Official Plan; Subdivision
Design; Nature of the Zone Change; Servicing and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of or opposed to the
application.
Mr. Stewart Branscombe advised that he was in agreement with the conditions
as set out in the staff recommendation report,
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-15/96 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the correspondence be received and filed. Carried Unanimously.
PD-96-85 - Chief Administrative Officer - Re: Subdivision, Official Plan and Zoning
By-law Amendment Applications; 26T-96009, AM-f6/96, River Realty Development
(1976) Inc., Proposed Mount Carreel Plan 4 Plan of Subdivision. The report
recommends the following:
That Council approve the Mount Carreel Plan 4 Plan of Subdivision subject to the
conditions in the attached Appendix I;
That Council approve the proposed Official plan Amendment to change the
designation from Major Commercial to Residential:
That Council approve the proposed zone change from a site specific GC zone
and a DH zone to R1D.
That Council approve the revised layout plan illustrating the extended cul-de-sac
and improved access to Mount Carreel Park relating to the entire plan;
That a copy of this report be forwarded to the Region as the City's comments on
the plan of subdivision.
- AND -
Communication No. 191 - Niagara Peninsula Conservation Authority. The
communication provides clarification with regard to the regulatory flood levels on-site.
His Worship Mayor Thomson declared the Pubtic Meeting open and read the
procedure to be followed under the Planning AcL
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on August 9, 1996.
His Worship Mayor Thomson received indication that Mr. Stewart Branscombe,
was in attendance and received a positive response to his request for a show of hands
by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
- 5 -
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information included in Technical
Report No. PD-96-80; Nature of the Amendment; Background; Official Plan; Subdivision
Design; Proposal Amendments; and Park/and and Park Development Fee; Servicing and
the Public Notification Process.
The Director of Planning and Development indicated that the proposed
subdivision would have 50-foot lots along both sides of the cul-de-sac.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
positive response from persons opposed to the application.
Ms. Jean Grandoni, R. R. #1 Garner Road, expressed opposition to the
proposal and discussed the following issues: the floodplain; the sanitary sewer; the
impact of the sewer ~n the hydrogeological setting of the creek; the construction of a
sanitary sewer in the W-5-2 watercourse and certain compliances with the Fisherlee
Act.
The Director of Municipal Works responded that it was common practice to
construct sewer mains in watercourses and that this was the ultimate setvice plan for
this area of the City; he further advised there was no concern from a hydrogeological
point of view.
Ms. Grandoni requested information on the tributary overall plans for the W-5-2
since the delay of the interchange works by the Province and on the capacity of the
pumping station.
The Director of Municipal Works advised that the delay of the interchange works
and the W-5-2 was just a matter of when the works would commence and indicated
provisions had been made for capacity of the Kalar Road Pumping station to
accommodate all the running stations on the east side of the Q.E.W, and that the
capacity had been upgraded to accommodate that need.
Ms. Grandoni expressed concerns regarding the ~O0-foot floodplain; and
indicated that no provisions had been made for environmental mapping or details
regarding "recharge areas" and the hydrogeological makeup of the creek where the
sewer is planned.
Mr. Stewart Brenscombe provided clarification to concerns expressed by Ms.
Grandoni regarding the construction of a sanitary sewer in the W-5-2 and referred to
correspondence from the Ministry of Natural Resources stating that compliance with the
terms and conditions of the permit would address the requirements of the FisherYes Act;
advised that there would not be any construction in filling in the floodplain; referred to
concerns regarding protecting the bank along the north boundary of the W-5-2 and
advised that through the Subdivision Agreement, there would be no trees be cut down
unless they are dead.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-16/96 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be approved as amended. Carried UnanimousIv.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrange/o,
that the correspondence be received and filed. Carried Unanimously.
PD-96-83 - chief Administrative Officer - Re; Zoning By-law Amendment Application
AM-18/96; Hellas Enterprises c/o Rick Dritsacos; 6531-6563 Main Street and 5481
Dunn StreeL The report recommends the following:
That Council approve the application to permit the construction of a 23-storey,
287 room hotel;
That the development be conditional upon the applicant completing a Traffic
Impact Study to the satisfaction of the City's Parking & Traffic Manager,'
That a by-law be prepared in order to regulate the development of the site in
accordance with the specific details proposed in the application.
- AND -
Communication No. 192 - The Niagara Parks Commission. The communication
advises that they will oppose any exception of building heights in excess of the City of
Niagara Falls Amendment 17 to the Official Plan submitted on March 25, 1996; and will
object to this by-law exception unless the proponent satisfies the Development Height
Control Strategy and View Plan studies.
- AND -
Communication No. 193 - Miller O'Dell. The communication requests that the
proposed rezoning amendments be deferred for consideration until the proposals are
assessed utilizing the 3-Dimensional photo-realistic computer model developed by their
clienL
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on August 9, 1996.
His Worship Mayor Thomson received indication that Mr. Steve Latinovich, was
in attendance on behalf of the applicant and received a positive response to his request
for a show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information included in Technical
Report No. PD-96-78; Nature of the Amendment; Background; Tourism Master Plan;
Physical Analysis; New Official Plan Policies; Tourist Area Development Strategy; Site
Plan Control; and the Public Notification Process.
The Director of Planning and Development provided clarification with respect to
the viewplane concept and building heights.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
positive response from persons opposed to the application.
- 7 -
Mr. Stewart Ellis, Soficitor on behalf of fie proprietors of the SkyIon Tower
referred to the proposal and requested that the proposed rezoning amendments be
deferred until the proposals are assessed utilizing a 3-Dimensional photo-realistic
computer that had been developed by their client. He advised that the computerized
model would be completed approximately the middle of October, 1996 and requested
deferral to allow a presentation to Council for their consideration.
Mr. Ray Luft, Development Consultan~ Rudan Holdings, advised as not being
opposed to the proposal but expressed concerns with respect to "messing" and the
issue of shadow impact if the site was remassed and the tower was moved. Mr. Lu~
referred to the utilization of computer models and advised as being in support of
haveing a common set of tools or points of reference that developers can use and if the
City was requesting a viewplane study, that the City should provide data points on
which the viewplane studies are being prepared.
Mr. Steve Latinovich, Helias Enterprises indicated that the staff
recomrnendafions are clear and straightforward; that the application meets the criteria
set out in the Master Plan and requested Council consider staffs recommendation.
Since no furth. er comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-18/96 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the application be approved to permit the construction of a 23-storey, 287 room hotel;
as it conplies to the view plane criteria advocated by the Tourism Master Plan; and that
the development be conditional upon the applicant completing a Traffic Impact Study
to the satisfaction of the City's Parking & Traffic Manager; and that a by-law be
prepared in order to regulate the development of the site in accordance with the specific
details proposed in the application. Carried Unanimously.
ORDERED on ~e motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the correspondence be received and ~ed. Carried Unanimously.
PD-96-84 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-20/96, HOCO Limited c/o Harry Oakes; North side of Robinson
Street, east of Clark Avenue. The report recommends the following:
That Council approve the application to permit the construction of a 500 room
hotel on the lands at a reduced height which compiles with the view plane criteria
advocated by the Tourism Master Plan;
.2.
That the development be conditional upon the applicant completing a Traffic
Impact Study to the satisfaction of the City's Parking & Traffic Manager;
That a by-law be prepared in order to regulate the development of the site in
accordance with the specific details outlined in this report.
- AND -
Communication No. 194 - The Niagara Parks Commission. The communication
advises as opposing any exception to allow increased building heights on this parcel
of land until such time as The City of Niagara Falls Counc~ adopts the policy on building
heights as recommended at the meeting of Mamh 22, 1996; and advising that the
Niagara Parks Commission has no objection to increased building heights and
development that conform with the Official Plan Amendment presented to Council on
March 25, 1996.
- 8-
- AND -
Communication No, 195 - Miller O'Dell, The communication requests that the
proposed rezoning amendment be deferred for consideration unt~ the proposals are
assessed utilizing the 3-Dimensional photo-realistic computer model developed by their
client.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on August 9, 1996.
His Worship Mayor Thomson received indication that the applicant, Mr. Harry
Oakes, was in attendance and received a positive response to his request for a show
of hands by persons present who were interested in the application. He requested that
all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontado Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information included in Technical
Report No. PD-96-82; Nature of the Amendment; Background; Tourism Master Plan;
Physical Analysis; New Official Plan Policies; Tourist Area Development Strategy; Site
Plan Control; and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of or opposed to the
application.
Mr. Stewart Ellis, Solicitor on behalf of the owners of the SkyIon Tower
requested that the proposed rezoning amendments be deferred until the proposals are
assessed utilizing a 3-Dimensional photo-realistic computer that had been developed
by their client. He advised that the computefYzed model would be completed
approximately the middle of October, 1996 and requested deferral when the results of
the study can be presented.
Mr. Harry Oakes provided a brief review of the proposal and indicated that the
goal was to develop a destination resort/entertainment complex. He advised that the
proposal would be the only highrise deveopment on 2,000 foot frontage, with a world
class view of the falls. Mr. Oakes expressed concerns with respect to the 98 foot set
back from the railway line and suggested that the matter be referred to future
discussions and not be considered at this time; referred tos tails position regarding the
viewplane critefYa and the impact on the hotel development. Mr. Oakes requested
Council to approve the application on the lands as submitted.
Mr. John Robulack, Prsxis Amhitects provided computer-generated
photographs of the proposed application through the use of a slide Presentation.
The Director of Planning and Development responded to concerns regarding
approval of a 27 storey structure; referred to the standards and recommendations of the
Tourist Master Plan,' building heights and the viewplane criteria developed in the
Tourism Master Plan.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-20/96 closed.
I
- 9-
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
to approve to permit the construction of a 500 room, 22 storey building; and that the
development be conditional upon the applicant completing a Traffic Impact Study to the
satisfaction of the City's Parking & Traffic Manager,' and that a by-law be prepared in
order to regulate the development of the site in accordance with the specific details
outlined in this report. The motion Carried with Alderman Susin voting contrary to the
motion and Alderman Fisher abstaining from the vote on a conflict of interest because
a member of her family is employed by HOCO.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the communications be received and filed. Carried Unanimously.
COMMUNICATiONS
Communication No. 196 - Mr. David Brown, Romance Horse & Carriage - Re.'
Operating a Horse & Carriage business. The communication requests permission to
operate a Horse & Carriage business within the City of Niagara Falls.
ORDERED on the mo. tion of Alderman Volpatti, seconded by Alderman Craitor, that the
matter be referred to staff. Carried Unanimously.
Communication No. f97 - Ms. Liza Fare, and residents in her area - Re: Problems
with cats. The communication attaches a petition expressing concerns regarding the
severe problems being encountered with the cats in the area.
Mr. Norman Adams, 6567 Charnwood Avenue, addressed Counc~ on behalf
of the residents of Charnwood Avenue and Harmony Avenue and expressed concerns
regarding cats soiling his front and backyard lawns and the foul smell associated with
"cat droppings" and requested that Council consider a by-law to make cat owners as
responsible for the actions and conduct of their pets as dog owners have been made
to assume the conduct of their dogs.
His Worship Mayor Thomson thanked Mr, Adams for his presentation.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that
the matter be referred to staff and that appropriate action be taken on the comments
made by Mr. Adsms. Carried Unanimously.
Communication No. f98 - Mr. AI Judge - Re.' Rob Judge Memorial Golf Tournament.
The communication requests a donation or gift for the tournament to be held on
Sunday, September 22, 1996 at 7:00 a.m, and f:O0 p.m. at the Niagara Falls Golf Club
on Garner Road.
His Worship Mayor Thomson indicated that gifts for the tournament had already
been provided.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the communication be received and filed. Carried Unanimously.
Communication No. 199 · Mr. Mike Karsglas, Chairman, The Victoria Avenue
Property Business Owners Association - Re: Adequate signs. The communication
requests that signs be installed at the top of Clifton Hill and Victoria Avenue.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that staff
be instructed to proceed with the appropriate changes in conjunction with the signage
works presently underway. Carried Unanimously.
- 10-
Communication No. 200 - Ministry of Transportation - Re: Provincial funding. The
communication advises that the Province, through the Ministry of Transportation, will
provide 50% funding for the next phase of the People Mover Study in the maximum
amount of $150,000.
ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the
communication be received and filed and that a letter of appreciation be forwarded to
the Province from the MayoFs Office. Carried Unanimously.
Communication No. 20f - Town of Fergus - Re: Amendments to the Municipal Act.
The communication requests support to petition the Provincial Government through the
Premier, Minister of Municipal Affairs and Housing and their Local MPP to amend the
section of the Municipal Act which disqualifies a person from holding office on municipal
council who is an undischarged bankrupt or insolvent.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell,
that the communication be received and filed. Carried Unanimously.
Communication No. 202 - Canazon Import/Export Services (Canada) Inc. - Re:
Project 2000. The communication requests that the City of Niagara Falls participate
as one of the host cities for the Project 2000 program.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the matter be referred to staff. Carried Unanimously.
REPORTS
CD.96-43 - Chief Administrative Officer - Re: Curb and Gutter Local Improvement
Works, Arthur Street and Kingston Avenue. The report recommends the following:
1. That Council receive the information contained in this report;
2. That Council instruct the Director of Municipal works to remove these works from
Contract 96--146-96.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. The motion Cartfed with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in
favour.
MW-96-136 - Chief Administrative Officer- Re: Award of Tender Contract 96-146-96'
Road Rehabilitation on Arthur Street and Kingston Avenue. The report recommends
that the unit prices submitted by the low tenderer, Trenchline & Roads Inc. be accepted
and the by-law be passed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the
report be received and adopted. The motion .Carded with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in
favour.
See By-law No. 96-182
MW-96-137 - Chief Administrative Officer - Re: Award of Tender Contract 96-147,96,
Road Reconstruction on Royal Manor Drive. The report recommends that the unit
prices submitted by the low tenderer, DeRose Bros. General Contracting Ltd,, be
accepted and the by-law be passed subject to: I) The Ministry of the Environment and
Energy Certificate of Approval being received.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrengelo,
that the report be received and adopted. Carded Unanimously.
See By-law No. 96-186
- 11
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of AIderman Hendershot, seconded by AIderman Cummings,
that the actions taken on the loftowing matters by Community Services Committee,
earlier this evening, be approved:
1)
Adoption of the minutes of the August 26, 1996 Community Services Committee
meeting;
L-96-60 - Poster Panel for Arby's Restaurant - Application for Amendment to Sign
By-Law - that the request of Mr. Cushing for permission to erect a poster panel
within 200 feet of an historical site be denied because it is in contravention of
Sign By-Law No. 6661, 1964 as amended; and further that the request is not a
minor variance from the Sign By-law because the general intent and purpose of
the By-law would not be maintained nor would the variance be minor in nature;
Totten Sims Hubicki- Interim Casino Parking & Traffic Study - that information
be received on the Interim Casino Parking & Traffic Study, and that the City's
interest in seeiDg a right-hand turn off Roberts Street up Bender Street, to assist
in the circulation of traffic in the tourist core, be revisited at an appropriate time
in the future;
MW-96-138 - Arthur Kingston Open House Information Report - that information
be received on the Public Information Session held for Arthur Street and Kingston
Avenue - Alderman Fermino Susin declared a conflict on this matter;
MW-96-139 - Royal Manor Drive Open House Information Report - that
information be received on the Public Information Session held for Royal Manor
Drive and. VVTndsor Crescent;
Proposal to Remove "Rock Pile" at Northeast Comer of Montrose Rd. & McLeod
Rd. - that the proposal received from Stephens & Rankin to excavate and
remove rubble from the property at Montrese and McLeod Road be accepted -
Alderman Fermino Susin - Opposed;
INFORMATION ITEMS:
a) Articles from "The Road Builder"
b) Update on Preparation of Brief - CAA/Condition of Hi,qhways
c) Temporan/ Closure of Falls Avenue
VERBAL UPDATE:
Portaqe Road Brid.qe ~. CN Grade Separation - that information be
received on the Portage Road Bridge @ CN Grade Separation, and that
a resolution be prepared requesting that negotiations continue between
the Region and CN in relation to the rebuilding of the bridge;
NEW BUSINESS:
a) Rain Storm of September 7 & 8
WoHd Gaminq Conoress & Expo '96 -
that staff members (Ed Lustig & John MacDonald) be authorized to attend
the World Gaming Congress & Expo '96 Conference to be held October
fat to 3rd in Las Vegas, Nevada.
12 -
The motion Carried with Alderman Susin abstaining from the vote on Report MW-96-138
on a conflict of interest and voting contrary to the motion on the matter regarding the
Proposal to Remove "Rock Pile" at Northeast Corner of Montrose Rd. & McLeod Rd.
and with all others voting in favour.
During the discussion, it was ORDERED on the motion of Alderman Hendershot,
seconded by Alderman Cummings, to approve the request for the reduction of tent set
up fee to $60.00 for the Niagara Falls Rotary Sunrise Arts & Craft Show. Carried
Unanimously.
R-96-53 - Chairperson, Environmental Planning & Greening Committee - Re:
Actions Stemming from the Environmental Planning & Greening Committee of
August 21, 1996. The report recommends that Council endorse the actions stemming
from the Environmental Planning & Greening Committee Meeting of August 21, 1996.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
F-96-26 - Chief Administrative Officer - Municipal Accounts. The report
recommends that the accounts totalling $1,878,096.96 for the period ending September
9, 1996 be approved by the passing of the by-law appearing later on the agenda.
During the discussion, it was ORDERED on the motion of Alderman Susin,
seconded by Alderman Volpatti, that a report regarding the cost of purchasing
telephones as opposed to the present service agreement be prepared. Carried
Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the report be received and adopted. The motion Carried with Aldermen Craitor,
Cummings, and Ward abstaining from the vote on conflicts of interest previously noted
and with all others voting in favour.
See By-law No. 96-187
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the actions taken on the following matter in Committee pf the Whole, earlier this
evening, be approved:
That Mr. Tony Ravenda be appointed as Director of Corporate Services and that Mr.
Ken Burden be appointed as the City Treasurer and Director of Finance. Canfed.
Unanimously.
See By-law No. 96-189
L-96-51 - Chief Administrative Officer - Re: Resale of Lot 22, Plan 243, Falls
Induatifal Park. The report recommends that Council approve the resale of Lot 22 on
Registered Plan No. 243, presently owned by Lafarge Canada Inc.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously. '
L-96-52 - Chief Administrative Officer - Re: Taylor Encroachment Agreement with
City. The report recommends to permff the continuation of an encroachment of a
building upon the Ontario Avenue road allowance.
- 13-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatfi, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-181
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
96-180
A by-law to authorize the execution of an agreement with 942372 Ontano
Inc. canTing on business as D.F. Brown Roofing respecting roof retrofit to
Fire Station #3.
96-181
A by-law to authorize the execution of an encroachment Agreement with
Nancy Elizabeth Taylor for the purpose of permitting the encroachment of
steps and eaves unto Ontario Avenue road allowance.
96-182
A by-law to authorize the execution of an agreement with Trenchline &
Roads Inc. respecting the road reconstruction on Arthur Street and
Kingston Avenue.
96-183
A by-law ~ authorize theresale of And ~ the Fal~ Industrial Parkto
155290 Canada Inc.
96-184
A by-law to authorize the acceptance of a Transfer/Deed of parts 8, 9 and
10 on Reference Plan 59R-9516.
96-185
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for the purpose of conveying part 7 on Reference Plan
59R-9516 to Gerardo Cavaricci and Anna Cavaricci, as joint tenants.
96-186
A by-law to authorize the execution of an agreement with DeRose Bros.
General Contracting Ltd., for Road Reconstruction on Royal Manor Drive.
96-187 A by-law to authorize monies for General Purposes (September 9, 1996)
96-188 A by-law to temporarily close Falls Avenue on September 18, 1996.
96-189 A by-law to appoint various officers in the Finance Department.
The motion Carded with Alderman Susin abstaining from the vote on By-law No. 96-182
on a conflict of interest previously noted and Aldermen Craitor, Cummings and Ward
abstaining from the vote on By-law No. 96-187 on conflicts of interest previously noted
and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the following by-laws be now read a second and third time:
96;180
A by-law to authorize the execution of an agreement with 942372 Ontario
Inc. carrying on business as D.F. Brown Roofing respecting roof retrofit to
Fire Station #,3.
96-181
A by-law to authorize the execution of an encroachment Agreement with
Nancy Elizabeth Taylor for the purpose of permitting the encroachment of
steps and eaves unto Ontario Avenue road allowance.
14-
96.182
A by-law to authorize the execution of an agreement with Trenchfine &
Roads inc. respecting the road reconstruction on Arthur Street and
Kingston Avenue.
96'183
A by-law to authorize the resale of land in the Falls industrial Park to
155290 Canada inc.
96.184
A by-law to authorize the acceptance of a TransferDeed of parts 8, 9 and
10 on Reference P/an 59R-9516.
96-185
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for the purpose of conveying part 7 on Reference P/an
59R-9516 to Gerardo Cavaricci and Anna Cavaricci, as joint tenants.
96'186
A by-law to authorize the execution of an agreement with DeRose Bros.
Genera/Contracting Ltd., for Road Reconstruction on Royal Manor Drive.
96-187 A by-law to authorize monies for Genera/Purposes (September 9, 1996)
96-188 A by-law to temporarily close Falls Avenue on September 18, 1996.
96-189 A by-law to appoint various officers in the Finance Department.
The motion Carded with Alderman Susin abstaining from the vote on By-law No. 96-182
on a conflict of interest previously noted and Aldermen Craitor, Cummings and Ward
abstaining from the vote on By-law No. 96-187 on conflicts of interest previously noted
and with all others voting in favour.
NEW BUSINESS
TerryFox Run
Alderman Gary Hendershot informed that the upcoming Terry Fox Run was
being held on Sunday, September 22, 1996 and requested everyone's participation.
Alderman Wayne Campbell stated that Alderman Bruce Ward had genereus/y
donated two Sabres tickets that would be given to the Alderman with the most number
of p/edges.
Proposed Raceway
Alderman Fermino Susin referred to correspondence received from Ms. B. Jane
E/son which attaches a petition objecting to a proposed raceway for Sodore Road and
the Q.E.W. and requested that the matter be looked into.
ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that
Letter of Condolence
ORDERED on the motion of Alderman Pietrange/o, seconded by Alderman Vo/patti,
that a letter of condolence be forwarded to the family of the late Joseph Morocco.
Carried Unanimously. .
15 -
Road Conditions in the City
Mayor Thomson discussed the conditions of the roads and accesses to the City
and suggested that a committee be set up to declare a "War on Weeds".
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that
a committee be set up to address the areas of concern and to declare a "War on
Weeds" with Alderman Puttick, Mayor Thomson and interested individuals. Carried
Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
TWENTY-THIRD MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
September 23, 1996
Council met on Monday, September 23, 1996 at 6:30 p.m. in Committee of the
Whole. All members of Council, were present. Alderman Victor Pietrangelo presided
as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
REGULAR COUNCIL MEETING
Council Chambers
September 23, 1996
Council met on Monday, September 23, 1996 at 7:30 p.m. for the purpose of
considering Regular Business Matters. All members of Council, were present.
Alderman Bruce Ward offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of September 9, 1996 be amended'
to reflect his conflicts.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the Minutes of the Planning/Regular Council Meeting of September 9, 1996 be adopted
as amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Craitor indicated pecuniary interests on Report FC-96-
41, Cheque Nos. 223751, 223818 and M91608, because members of their family are
employed by the Region.
Alderman Craitor indicated a pecuniary interest on Report FC-96-41, Cheque
No. 223898 because a member of his family is employed by the recipient,
Alderman Campbell indicated a pecuniary interest on Report FC-96-41, Cheque
No. 223969 because he is the recipient,
- 2 -
Alderman Janvary indicated a pecuniary interest on Report PD-96-88, because
a member of her family is employed by the applicant.
Alderman Pietrange/o indicated a pecuniary interest on Communication No. 205,
regarding funding for adult education because he is employed by a School Board.
PRESENTATIONS
His Worship Mayor Thomson presented tokens of appreciation to the Niagara
Falls Labour Council Minor Mosquito Baseball team, winners of the AAA Ontario
Championships which included: Stephen Baldinelli; Kyle Cassidy; Matthew Duerksen;
Andy Eckhardt; Billy Jones; Joe Keighan; Greg Lavelie; Myles Murray; Bradley
Schoonings; Robert Teso; Patrick Topping; Nicholas Yamich, and their Coaches
Tim Topping; Leo Murray; Joe Baldinelli and Manager, Martin Yamich.
His Worehip Mayor Thomson presented a token of appreciation to Volunteer
Firefighters, Don McCauley and Ben Vanleur in recognition of their quick thinking,
keen observation and assistance in the apprehension of a suspect during a serious
motor vehicle collision on Netherby Road where a young boy was killed and two others
were injured.
His Worship Mayor Thomson presented a token of appreciation to Firefighter,
Doug Hicks in recognition of his outstanding courage and quick thinking in the saving
of a human life during a gorge rescue.
COMMUNICATIONS
Communication No. 203- Rich Judge, Director of Fire Prevention - Re:
Proclamation. The communication requests that Council proclaim the week of October
6 through October 12, 1996 as "Fire Prevention Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the request be approved. Carrfed Unanimously.
Alderman Paisley Janvary left Council Chambers.
Communication No. 204 -VVVCA of Niagara Falls - Re: Proclamation. The
communication requests that Council proclaim the week of October 6 to 12, 1996 as
"YWCA Week t44thout Violence".
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrai~gelo that
the request be approved. Canfed Unanimously '
- 3 -
Communication No. 205 - The Corporation of the Village of Morrisburg - Re:
Resolution regarding Funding for adult education and resolution concerning National
Unity. The communication requests that 1) Council support a resolution which urges
the Government of Canada to reconsider Bill 34, in particular the sections which reduce
funding through regular grants for continuing education and which allow a school board
to deny adults access to a regular day school; and 2) requesting support of a resolution
to the Federal Government to pass legislation declaring Canada individisible.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
to support a resolution urging the Government of Canada to reconsider Bill 34, in
particular the sections which reduce funding through regular grants for continuing
education and which allow a school board to deny adults access to a regular day
school; and further that Council supports a resolution to the Federal Government to
pass legislation declaring Canada indivisible. The motion Carried with Alderman Puttick
voting contrary to the motion regarding Bill 34 and Alderman Pietrangelo abstaining
from the vote on a conflict of interest previously noted and with all others voting in
favour.
Communication No. 206 - National Prisonere of War Association (E. T.) of Canada -
Re: Laying of wreath on the War Memorial on Clifton Hill. The communication requests
Council permission to- hold the event of laying of a wreath on the War Memorial on
Clifton Hill on September 28, 1996 at approximately 10:45 a.m., and further requesting
permission to have two spaces at the cenotaph marked "No parking" for the buses.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the request be appreved subject to established policy. Carried Unanimously.
Communication No. 207 - Thorold Chamber of Commerce - Re: Signage. The
communication requests Council approval to erect a sign stating "More Motels Just
Ahead" at CANPARK Campground along Highway #20.
ORDERED on the motion of Alderman Volpatti , seconded by Alderman Craitor, that the
matter be referred to staff and the Lundy's Lane Association. Carried Unanimously.
Communication No. 208 - Shirley Fortin, 4850 Netherby Road- Re: Traffic lights.
The communication requests that Council consider the installation of traffic lights at the
comer of Montrese Road and Netherby Road.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
the matter be referred to staff. Carried Unanimously.
Communication No. 209 - Retail Wholesale Canada, Canadian Service Sector
Division of the United Steelworkers of America - Re: "Don't Buy Campaign". The
communication provides information on the labour practices of Bridgestone/Firestone
and the position of the United Steelworkers of America.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the communication be received and filed. The motion Carried with Aldermen Craitor
and Orr voting contrary to the motion.
Communication No. 210 - Niagara Falls La Sertoma - Re: Proclamation. The
communication requests that the month of October, 1996 be proclaimed "La Sertoma
Month",
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the request be approved, CanYed Unanimously.
Alderman Janvary returned to Council Chambers.
-4-
Communication No. 211 - Niagara Falls Public Library - Re: Proclamation. The
communication requests that October 21 to October 26, 1996 be proclaimed as
"Ontario Library Week".
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the request be approved. Carried Unanimously.
REPORTS
MW-96-147 - Chief Administrative Officer- Re: Award of Contract 96-131-95 Phase
2 - Sanitary Sewer Replacement; Relining on Wiltshire, Cambridge, Oxford,
Woodington and Thorold Stone Road. The report recommends that the unit prices
submitted by the low tenderer, Provincial Construction (Montrose) Ltd., be accepted and
the by-law be passed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the report be received and adopted. Carded Unanimously.
See Bv-law No. 96-196
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the actions taken on the following matters by Community Services Committee,
earlier this evening, be appmved:
1. Adoption of the Community Services Committee Minutes of September 9, 1996;
MW-96-144 - Carroll Avenue Traffic Concems- Carroll Avenue Traffic Concerns -
that information on Carroll Avenue be received and that staff co-ordinate a
meeting with residents and property owners (QUNO) in order to obtain solutions
to problems encountered in this area - Conflict of interest - Alderman Bruce
Ward;
CS-96-04 - Proposed Chippawa Public Dock - that staff be authorized to request
from Ontario Hydro a licence to install a public dock on the Welland River
adjacent to the Weightman Bridge - Opposed: Aldermen Puttick; Cummings; Orr;
Fisher and Susin;
MS-96-36 - Property Database - that the purchase of a Property Database,
including all necessary hardware, software and associated services at a total cost
of $76,921.60, inclusive of taxes, be approved, and that staff be authorized to
finalize the necessary agreements between the City and CSDC Systems Inc. for
this purpose;
MW-96-140- Building & Inspections Report for August, 1996 - that the Building
& Inspections Report for August, 1996 be received and filed;
MW-96-142 - Culvert Investigations Consulting Services Agreement - that Report
MW-96-142- Culvert Investigations Consulting Services Agreement be deferred-
'7. MW-96-143 - Equipment Purchase/Tandem Truck - that the City of Niagara Falls
proceed with the tender for the purchase of a Tandem Dump Truck '- Opposed:
Aldermen Susin and Craitor;
MW-96-146 - Purchase of Pole Mounted Litter Baskets - that the order of 100
Polo Mounted Litter Baskets be approved;
R-96-55 - 1996 Ontario Municipal Recreation Association Conference held May
22-25, 1996 at the Sheraton Fallsview Hotel - that information on the 1996
Ontario Municipal Recreation Association Conference held May 22 - May 25,
1996 at the Sheraton Fallsview Hotel be received and filed;
10.
R-96-56 - Cardinal Newman School Creative Playgrounds - that information be
received on Report -96-56, Cardinal Newman School Creative Playgrounds -
Conflict: Alderman Pierrange/o;
11. Permanent Casino - Municipal Works Background Documentation Package;
12. Tender Awards for 96-152-96 - Stanley Avenue Parking Lot (#17) Improvements
and 96-126-94 - Road Reconstruction on Bender SL & Ontario Ave. - that
information be received regarding the telephone poll of Council members to be
conducted for award of tenders for the Stanley Avenue Parking Lot (96-152-96)
and Road Reconstruction on Bender Street & Ontario Avenue (96-126-94).
The motion Carried with Alderman Ward abstaining from the vote on Report MW-96-144
on a conflict of interest; Aldermen Cummings, Fisher, Orr, Puttick, and Susin voting
contrary to Report CS-96-04; Alderman Craitor voting contrary to the motion on Report
MW-96-142; Aldermen-Craitor and Susin voting contrary to the motion on Report MW-
96-143 and Alderman Pietrangelo abstaining from the vote on Report R-96-56 on a
conflict of interest and with all others voting in favour.
R-96-52 - Chairperson, Sports Waft of Fame Committee - Re: 1996 Sports Waft of
Fame Inductees. The report recommends that Council approve the following 1996
Inductees to the Niagara Falls Sports Waft of Fame, as recommended by the Sports
Wail of Fame Committee:
1900-1930 Era - Niagara Falls Junior Ontario Hockey Association Team, 1926 Team;
Niagara Falls Junior Ontario Hockey Association Team, 1929-30- Team;
1931-1950 Era - Dave Kemp, Sr. - Athlete (Baseball & Hockey); James Leo "Buddy"
Heximer - Athlete (Baseball & Hockey); Gord Johnson - Athlete (Football & Baseball);
Fred Young - Builder,'
1951-1970 Era - Stamford Lorenzo Juvenile Hockey Team, 1959 - Team (Hockey); Don
Sommerville - Builder,'
1971-1990 Era - Bill Rookley - Builder,'
1900-1950 Era - Bordens Dairies; American Can; Kiwanis Club; Gunning Tires; Mangs;
1951-1970 Era - Caverly Hotel
ORDERED on the motion of Alderman Janvary , seconded by Alderman Volpatti,
the report be received and adopted. Carded Unanimously.
that
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the actions taken on the following matters by Finance Committee in Corporate Services,
earlier this evening, be approved:
1. Adoption of the August 26, 1996 Finance Committee meeting minutes;
Report FC-96-38 - Telephone System Maintenance - that the report be received
for information;
- 6
Report FC-96-38 - Tax Collector Appointment - that the Manager of Revenue be
appointed Tax Collector for the Corporation of the City of Niagara Falls;
Report FC-96-40 - Landfill Site Collection Procedure - that the sending of
collection notices for unpaid Landfill Site Invoices be amended to 30 days, 60
days and 90 days following the. invoice date;
Report FC-96-41 - Municipal Accounts - that Council authorize payment of
accounts totalling $1,103,681.33 for the period ending September 23, 1996 -
Aldermen Cummings, Craitor and Campbell indicated pecuniary interests;
6. Report HR-96-06 - Employee Recognition Night - that Council authorize an
Employee Recognition Night to be held Saturday, November 2, 1996 and an
expenditure of $2,500 towards operating costs.
The motion Carfled with Aldermen Cummings, Craitor and Campbell abstaining from the
vote on Report FC-96-41 on conflict of interests previously noted and with all others
voting in favour.
CA0-96-06 - Chief Administrative Officer- Re: Terms of Reference for Regional
Service Review. The report recommends that Council support the draft Terms of
Reference for Regional Service Review attached, subject to modifications as discussed
in this report.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the report be received and adopted. Carfled Unanimously.
PD-96-87 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-19/96, Connie Rosati and Angelina Chu; 4108 Main Street,
Chippaws. The report recommends the following:
1. That Council pdor to the passing of the amending by-law for AM-19/96,
determine by resolution, in accordance with Section 34 (17) of the Planning Act,
that the changes proposed to the amending by-law, after the holding of the public
meeting, do not require the giving of a further notice;
2. That Council approve the amending by-law in accordance with Section 34 (18)
of the Planning Act.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo , that
the report be received and adopted. Carfled Unanimously.
See Resolution No. 55
See By-law No. 96-197
PD-96-88 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC-8/96, Menechella Brother~ Ltd., Proposed Hotel Development, East Side Oakes
Drive; Oakes Dtfve & Off-Site Parking Area, Dunn Street. The report recommends
that in light of the information contained in this report, Council determine whether it
wishes to approve the application as presently proposed.
Mr. Dante Madnelli, Solicitor who was in attendance on behalf of the applicants,
indicated that Council was being requested to approve the site plan, He advised that
the application meets zoning compliance and technical compliance with the site plan;
that the appliation is responding to the need for high-end quality rooms. Mr. Madnelli
referred to the height, set back, density and location of the building and requested that
Council support the application.
The Director of Planning & Development responded to concerns regarding the
odginal approvals by Council and advised that the proposal conforms to the current
zoning by-law and was technically acceptable.
- 7 -
Mr. Marine/it responsed to concerns raised regarding the notification process; the
heights and densities of the development; the development agreements and the status
of title on the property. Mr. Madne//i advised that there were no agreements restricting
the development.
Following the discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Orr, that the site plan be approved. The motion
Carried with Aldermen Volpatti and Susin voting contrary to the motion; and Alderman
Janvary abstaining from the vote on a conflict of interest previously noted and with all
others voting in favour.
PD-96-90 - Chief Administrative Officer- Re: Requested Revision; Official Plan
Amendment No. f7; Tourism Policies. The report recommends the following:
That Council support the requested revisions to policy 6.6 of Section 6 - Resort
Commercial;
2. That a copy of this report be sent to the Region as the Cily's comments on the
requested revisions.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo ,
that the report be received and adopted. Carded Unanimously
PD-96-91 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval; Ascot Woods Extension 5 (Phase 2 & 3), 26T-89038 (Revised); Ascot
Woods Extension 6, 26T-92003. The report recommends the following:
That Council resolutions supporting a one-year extension to draft plan approval
for the i) Ascot Woods Extension 5 (Phase 2 & 3) and ii) Ascot Woods Extension
6 Plans of Subdivision be adopted conditional on the applicant updating and
maintainingthe appropriate subdivision signs on the properties that comply with
Municipal and Regional requirements;
2. That a copy of this report and the Council resolutions be forwarded to the
applicant and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously
See Resolution No. 56
See Resolution No. 57
CD-96-44 - Chief Administrative Officer- Re: Amendment to Municipal Monte Carlo
Policy.
The report recommends that the municipal Monte Carlo event policy as amended, be
approved.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the report be received and adopted. Carded Unanimously
CD-96-45 - Chief Administrative Officer- Re: Counc~ Meetings. The report
recommends the following:
1. ' That Council receive the information contained in this report;
2. That Council provide direction with respect to the start time for Council meetings.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot,
that the report be received and filed and further that Council continue with the 7:00 p.m.
start time for Council meetings. Carded Unanimously
- 8 -
L-96-53 - Chief Administrative Officer- Re: Establishment of Road Widening as a
Public Highway; Buttrey Street; Part 4 & 5 on Reference Plan 59Ro9632. The report
recommends that a road widening, described as parts 4 and 5 on Reference P/an 59R-
9632, be established as part of a pubtic highway, to be known as Buttrey Street.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pierrange/o,
that the report be received and adopted. Carried Unanimously
See By-law No. 96-200
L-96-54 - Chief Administrative Officer - Re: Closing and Conveyance of Walkway
between Westwood Street and Tad Street; Parts 1, 2, 3 & 4 on Reference Plan 59R-
9593. The report recommends the following:
That the walkway between Westwood Street and Tad Street, designated as Parts
1, 2, 3 and 4 on Reference Plan 59R-9593, be stopped up and closed;
That the said walkway, so dosed, be declared surplus and offered for sale, to the
abutting owners, so entitled, for costs;
That the transfers of Easements be granted to those utilities having existing
easements over the said walkway, prior to the transfer of land;
4. That the Mayor and Clerk be authorized to execute the said Transfer(s) of land
and Transfer(s) of Easements.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
the report be received and adopted. Carded Unanimously
See By-law No. 96-191
See By-law No. 96-192
See By-law No. 96-193
L-96-56 - Chief Administrative Officer - Re: Transfer to Estate Trustee of Grace
Matfe BuHey; 5000 Sixth Avenue. The report recommends that the Mayor and Clerk
be authorized to execute a Transfer/Deed to Dorothy Farroll, Estate Trustee with a will
in the estate of Grace Madie Buriey, deceased for Part of Lots 47, 48 and 49 Registered
Plan 323.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo ,
that the report be received and adopted. Carded Unanimously
See Bv-law No. 96-202
L-96-57 - Chief Administrative Officer- Re: Acceptance of Land from Gordon Ralph
Scott; Part 2 on Reference Plan No. 59R-gf98; Lyon's Parkway. The report
recommends that a transfer of land of Part 2 On Reference Plan No. 59R-9198, being
Lyon's Parkway from Gordon Ralph Scoff, be accepted by the City for nominal
consideration.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the
report be received and adopted; and further that a letter be forwarded from the Mayors
Office to Mr. Donnington for all the efforts in this matter. Carried Unanimously
See By-law No. 96-201
RESOLUTIONS
RESOLUTION NO. 54, CUMMINGS - VOLPA TTI- RESOLVED that the Council of
the Corporation of the City of Niagara Falls requests an allocation of subsidy under the
provisions of The Public Transportation for the year 1996, in the amount of $189,600.00,
Capital Assistance Programs,
· AND The Seal of the Corporation be herato affixed.
Carried UnanimousIv.
- 9 -
RESOLUTION NO. 55 -WARD - CRAITOR - BE IT RESOLVED that the Council of
the Corporation of the City of Niagara Falls hereby does not require further public notice
for the inclusion of "the selling of used clothing" as a use in the amending Zoning By-
law for 4108 Main Street, Chippawa.
AND The Seal of the Corporation 'be hereto affixed.
Carried Unanimously.
RESOLUTION NO. 56 - FISHER - CRAITOR - RESOLVED that the Council of the
Corporation of the City of Niagara Falls hereby supports a one-year extension to the
Ascot Woods Extension 5 (Phase 2 & 3) Subdivision Draft Plan of Subdivision and that
the Regional Municipality of Niagara be so informed; conditional upon the applicant
upgrading and maintaining the appropriate subdivision sign that complies with Municipal
and Regional requirements.
AND the Seal of the Corporation be hereto affixed.
Carried UnanimousIV.
RESOLUTION NO. 57 - FISHER - CRAITOR - RESOLVED that the Council of the
Corporation of the City of Niagara Falls hereby supports a one-year extension to the
Ascot Woods Extension 6 Draft Plan of Subdivision and that the Regional Municipality
of Niagara be so informed; conditional upon the applicant maintaining the appropriate
subdivision sign that complies with Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
RESOLUTION NO. 58 - JANVARY -ORR - BE IT RESOLVED THAT the Council of
the Corporation of the City of Niagara Falls, hereby congratulates Pamela and Richard
Robbs of Rainbow Productions and the cast of "C/eo, The Musical" for their splendid
performances and encourages Rainbow Productions to continue their excellent work
within the community.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimously
BY-LAWS
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
96-190 WITHDRAWN
96-f91
A by-law to stop up and close a walkway between Westwood Street and
Tad Street designated as Parts 1, 2, 3 and 4 on Reference Plan 59R-9593.
96-192
A by-law to declare a closed walkway between Westwood Street and Tad
Street, designated as Parts 1, 2, 3 and 4 on Reference Plan No. 59R-
9593, surplus.
96-193
A by-law to authorize staff to offer a closed walkway between Westwood
Street and Tad Street, designated as parts 1, 2, 3 and 4 on Reference
Plan 59R-9593, to the abutting owners for costs.
96,194
A by-law to authorize the execution of an agreement with Law
Enfomement Systems, Inc. respecting a parking ticket collection service
to collect unpaid overdue delinquent parking tickets issued to United
States registered automobiles,
10-
96-195
A by-law to provide for the use of voting machines, voting recorders,
optical scanning vote tabulators or other voting devices at elections.
96-196
A by-law to authorize the execution of an agreement with Provincial
Construction (Montrose) Ltd. respecting sanitary sewer
replacement/refining on Wiltshire Boulevard, Cambridge Street, Oxford
Street, Woodington Road and Thorold Stone Road.
96'197
A by-law to amend By-law No. 79-200, as amended, (AM19/96,
Rosati/Chu, 4108 Main Street, Chippawa)
96-198
96-199
96-200
A by-law to make a certain appointment. (Manager of Revenue be
appointed to the position of Tax Collector for the City of Niagara Falls)
A by-law to provide for the adoption of an Amendment to the City of
Niagara Falls Official P/an. (Land on the west side of Montrose Road,
north of Thorold Stone Road)
A by-law to establish Parts 4 and 5 on Reference P/an 59R-9632 as a
public highway, to be known as and to form part of Buttrey Street.
96'201
A by-law to authorize the acceptance of a Transfer/Deed of Part 2 on
Reference P/an 59R-9198 from Gordon Ralph Scott.
96-202
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed to Dorothy Farrell, Estate Trustee With a Will in the Estate
of Grace Marie Budey, deceased, for part of Lots 47, 48 and 49 on
registered Plan No. 323.
96-203 A by-law to authorize monies for Genera/Purposes (September 23, 1996).
The motion Carried with Aldermen Craitor and Cummings abstaining from the vote on
By-law No. 96-203 on conflicts of interest previously noted and with all others voting in
favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrengelo,
that the following by-laws be now read a second and third time:
96-190 WITHDRAWN.
96-191
A by-law to stop up and close a walkway between Westwood Street and
Tad Street designated as Parts 1, 2, 3 and 4 on Reference P/an 59R-9593.
96-192
A by-law to declare a closed walkway between Westwood Street and Tad
Street, designated as Parts 1, 2, 3 and 4 on Reference Plan No, 59R-
9593, surplus.
96.193
A by-law to authorize staff to offer a closed walkway between Westwood
Street and Tad Street, designated as parts 1, 2, 3 and 4 on Reference
Plan 59R-9593, to the abutting owners for costs,
96'194
A by-law to authodze the execution of an agreement with Law
Enfomement Systems, Inc. respecting a parking ticket collection service
to collect unpaid overdue delinquent parking tickets issued to United
States registered automobiles.
96.195
A by-law to provide for the use of voting machines, voting recorders,
optical scanning vote tabulators or other voting devices at elections.
-11
96-196
A by-law to authorize the execution of an agreement with Provincial
Construction (Montrose) Ltd. respecting sanitary sewer
replacement/relining on Wiltshire Boulevard, Cambridge Street, Oxford
Street, Woodington Road and Thorold Stone Road.
96-197
A by-law to amend By-law No. 79-200, as amended. (AM19/96,
Rosati/Chu, 4108 Main Street, Chippawa)
96-198
A by-law to make a certain appointment. (Manager of Revenue be
appointed to the position of Tax Collector for the City of Niagara Falls)
96-199
A by-law to provide for the adoption of an Amendment to the City of
Niagara Falls Official P/an. (Land on the west side of Montrose Road,
north of Thorold Stone Road)
96-200
A by-law to establish parts 4 and 5 on Reference Plan 59R-9632 as a
public highway, to be known as and to form part of Buttrey Street.
96-201
A by-law to authorize the acceptance of a Transfer/Deed of Part 2 on
Refererrce P/an 59R-9198 from Gordon Ralph Scott.
96'202
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed to Dorothy Farre/I, Estate Trustee With a Will in the Estate
of Grace Marie Buriey, deceased, for part of Lots 47, 48 and 49 on
registered P/an No. 323.
96-203 A by-law to authorize monies for General Purposes (September 23, 1996).
The motion Carried with Aldermen Craitor and Cummings abstaining from the vote on
By-law No. 96-203 on conflicts of interest previously noted and with all others voting in
favour.
NEW BUSINESS
Downtown Vandalism Problems
Alderman Judy Orr expressed concems regarding the downtown problems being
caused by patrons of the Cell Block Night Club; she referred to problems such as
parking of cars on sidewalks and lawns; car vandalism, open drinking and requested
that the matter be looked into.
AMO - Lame Urban MuniciDa~ties
Alderman Norm Puttick referred to correspondence received from the Minister of
TranSport, Mr. AI Palladini regarding the Thorold Stone Bridge; discussed the issue of
downloading in the education area and requested that he be authorized to bring the
correspondence to the attention of the AMO Large Urban Municipafities Board Meeting
being held on October 18, 1996.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that
Alderman Norm Puttick be authotYzed to bring the correspondence to the Association
of Municipalities of Ontario Large Urban Municipalities Board Meeting for their
consideration. Canfed Unanimously.
-12-
Community Parks Week
Alderman Paisley Janvary stated that October 1-7, 1996 was "Community Parks
Week" and that the Environmental Planning & Greening Committee, in co-operation
with the Rotary Club would have 3,000 daffodil bulbs planted in 13 different parks by
various organizations within the City.
School Boards
Alderman Wayne Campbe~ referred to the recommendation of the Minister of
Education regarding municipalities taking responsibility for the physical planning of
school boards and advised that he was of the opinion the City should not get involved.
Terry Fox Run
Alderman Wayne Campbe~ referred to the very successful Terry Fox Run on
Sunday, September 22, 1996 and congratulated Alderman Hendershot for his
endearours.
Alderman Gary Hendershot provided details of the Terry Fox Run and extended
his thanks to the volunteers, participants and park staff who were involved in the event.
Con,qratulations
Alderman Gary Hendershot extended his congratulations to Barry and Sara
Snyder (nee Hendershot) on the recent birth of his grandaughter, on September 17,
1996.
Cleo, The Musical
His Worship Mayor Thomson referred to the recent excellent production of "Cleo,
The Musical" by Pamela and Richard Robbs of Rainbow Productions. He requested
that congratulations be forwarded to Rainbow Productions and cast on behalf of the
City.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that a
resolution be forwarded on behalf of the City to Pamela and Richard Robb from
Rainbow Productions, and the cast of "Cleo, The Musical" for their splendid
performances and encouraging Rainbow Productions to continue their excellent work
within the community. Carded Unanimously. *''
-f
13 -
READ AND ADOPTED,
COMMITTEE-OF- THE-WHOLE
Committee Room #2
September 23, 1996
Council reconvened on Monday, September 23, 1996 at 9:20 p.m., in Committee
of the Whole. All members of Council, with the exception of Alderman Orr, were
present. Alderman Pietrangelo presided as Chairman.
Fo~owing consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
ORDERED on fie motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
fie meeting adjourn to Committee of the Whole. Carried Unanimously.
TWENTY-FOURTH MEETIN_~G
REGULAR COUNCIL MEETING
Council Chambers
October 7, 1996
Council met on Monday, October 7, 1996 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council, with the exception of
Alderman Campbell, who was away on school business; Alderman Pietrangelo, who
was away on vacation; Alderman Volpatti, who was away due to illness and Alderman
Ward, who was away on business, were present. Alderman Gary Hendershot offered
the Opening Prayer.
ADOPTION OF MINUTES,
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that
the Minutes of the Regular Council Meeting of September 23, 1996 be adopted as
printed. Carried Unanimousiv.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Craitor indicated pecuniary interests on Report F-96-
43, Cheque No. 224059, because members of their families are employed by the
recipienL
Alderman Jan vary indicated a pecuniary interest on Report F-96-43, Cheque No.
224095; and on Communication No. 212a) because she is employed by the School
Board.
Alderman Craitor indicated a pecuniary interest on Report F-96-43, Cheque No.
224288, and Cheque No. 224141, because he sits on the Boards of the organizations
involved.
DEPUTA~ONS
RCMP Musical Ride
Alderman Kim Craitor, on behalf of the Niagara Falls District and Labour Council,
presented a token of appreciation to Mayor Thomson and members of Council for their
endorsement of the Royal Canadian Mounted Police Musical Ride.
Niagara Falls For You
Mr. John Hind addressed Council regarding a proposal presented at a previous
Council meeting regarding a slogan and merchandising program entitled "Niagara
Falls For You". Mr. Hind requested that Council endorse the merchandising program
and refer the matter to staff to work out the details and conditions.
- 2-
The Director of Community Services advised that the Visitor and Convention
Bureau and the Chamber of Commerce were not in suppod of the merchandising
program; commented that it was not the mandate of the City of Niagara Falls to
merchandise products; questioned whether it was an avenue that should be persued
by the City and suggested that the City not become involved in the project.
Following further discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Fisher, that the matter be referred to the Board of
the Visitor & Convention Bureau. Carried Unanimously.
It was noted that Mr. Hind should make a presentation to the Niagara Falls
Visitor and Convention Bureau on the proposal.
Chamber of Commerce Commemoretive Coin
Following some discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Hendershot, that the Commemorative Coins minted by the
Chamber of Commerce bearing the City of Niagara Falls logo be approved. Carried
Unanimously.
COMMUNICATIONS
Communication No. 212a) - Ontario Secondary School Teachers' Federation - Re:
Proclamation. The communication requests that Council proclaim October 5, 1996 as
"World Teachere' Day.
Communication No. 212b) White Ribbon Against Pornography - Re: Proclamation.
The communication requests that Council proclaim the week of October 20th to October
27th, 1996 as "White Ribbon Against Pornography Week" in the City of Niagara Falls.
Communication No.. 2f2c) The Optimist Club of Niagara Falls, Inc. - Re:
Proclamation. The communication requests that Council proclaim the week of
November 3 to November 9, 1996 as "Youth Appreciation Week".
Communication No. 212d) Ontario Mamh of Dimes - Re: Proclamation. The
communication requests that Council proclaim the month of. January, 1997 as "Ontario
March of Dimes Month".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
requests 212a), 212b), 212c), and 212d) be supported subject to established policy.
The motion Carded with Alderman Janvary abstaining from the vote on Communication
No. 212a) on a conflict of interest previously noted and with eli others voting in favour.
Communication No. 2t3 - Ontario Federation of Agriculture (OFA) - Re: Property tax
reform proposal, The communication requests that Council consider that a new mill I~ate
be struck for farmland and outbuildings.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the communication be received and filed. Carried Unanimously.
Communica#on No. 214. Mrs. Kimberly Hein, 7611 Dorchester Road- Re: Transport
trucks. The communication expresses concams regarding large transport trucks
utilizing Dorchester and McLeod Roads.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the matter be referred to staff. Carded Unanimoudv.
- 3 -
REPORTS
MW-96-157 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations - September 17, 1996 Meeting. The
report recommends the following:
MW-96-129 - Dawson Street - Parking Concern - that parking be prohibited at all
times, on the north and south sides of Dawson Street from Dorchester Road to
a point 22m east of Dorchester Rd.,
MW-96-128 - Mundane Crescent- Parking Concern - that the existing parking be
maintained on Mundane Crescent;
MW-96-121 - Marisa/Westmeadow Subdivision - Intersection Controls - that stop
sign controls be installed at the following locations: a) Alpine Drive at Lee Ave.
northbound on Lee Ave,' b) Alpine Drive at Kevin Drive, southbound on Keyin Dr.;
c) Alpine Drive at Fieldstone Ave. southbound on Fieldstone Ave.; d) Alpine Drive
at Paddock Trail all legs of the intersection;
MW-96-70 - Ontario Ave, at Otter St./at Eastwood Crescent - intersection COntrol
Review - that 1) an a/l-way stop control be installed at the intersection of Ontario
Avenue and Offer Street on a trial basis; 2) an all-way stop control be installed
at the intersection of Ontario Avenue and Eastwood Crescent on a trial basis; 3)
the intersection be monitored and re-assessed six months following the opening
of the interim casino;
MW-96-127- Simcoe St. at SL Lawrence Ave. - All Way Stop Request - that 1)
an all-way stop control be installed at Simcoe St. and St. Lawrence Ave.; 2) that
school area signs be installed in the westbound direction on Simcoe St. and on
Armoury St. in advance of Simcoe Street School; 3) that crosswalk markings be
applied on the east and west approaches of the intersection of Simcoe St. and
St. Lawrence Ave.; 4) that a corner restriction be implemented on the west side
of SL Lawrence Ave. north of Simcoe St.;
MW-96-126 - Portage Road at Church's Lane - Intersection Control Review - that
an all-way stop control be installed at the intersection of Portage Road and
Church's Lane;
MW-96-104 - Mulhem St. at Baldwin Ave, - All Way Stop Request - that 1) an
all-way stop be installed at the intersection of Mulhern St. and Baldwin Ave., 2)
that a stop sign be installed on the north approach of Lee Ave. at Woodbine SL;
3) that a stop sign be installed on the north approach of Belfast Ave. at
Woodbine SL; 4) that a stop sign be installed on the east approach of Mulhern
St. at Paddock Trail Dr.; 5) that a yield sign be installed on the west approach of
Vincent St. and Lee Ave.; 6) that symbolized "Playground Ahead" signs be
installed on Vincent SL just west of Lee Ave. for westbound traffic and also on
Baldwin Ave. just north of Mulhem St. for northbound traffic; 7) that symbolized
warning signs indicating "Pedestrian Activity" be installed on the north side of
Mulhern St. just west of Montrose Rd. for westhound traffic and also on the south
side of Mulhem St. just east of Paddock Trail Dr. for easthound traffic;
School Bus Parking on Residential Streets - that school buses be permitted to
park on residential streets during the hours of 9:00 a,m. tO 3:00 p,m., Monday to
Friday, on a trial basis for 6 months;
Lyon's Creek Road - Traffic Operation Review - that the Region of Niagara be
requested to review the speeding problems on Lyon's Creek Road between
Montrese Road and Sodore Road;
-4-
10.
Parking Meter Removal in Front of the Synagogue - 5328 Ferry St. - that the
parking meter in front of 5328 Ferry St. be replaced with a No Parkinq Anytime
restriction from September 15th and May 30th each and every year.
ORDERED on the motion of Alderman Puttick , seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
See By-law No. 96-210
See By-law No. 98-212
MW-96-162 - Chief Administrative Officer- Re: Licence Agreement between the City
and 820872 Ontario Limited (Thorold Stone Mall- Part of Malland Ave.) The report
recommends that the by-law authorizing the attached Licence Agreement be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and adopted. Carded Unanimously.
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the actions on the following matters taken by Community Services Committee,
earlier this evening be approved:
Adoption of September 23, 1996 Community Services Committee meeting
minutes;
Interchange Improvements at Hwy. 420 (Roberts Street) and Victoria Avenue
provincial C/ass Environmental Assessment- That information be received on the
Interchange Improvements at Hwy. 420 (Roberts Street) and Victoria Avenue,
Provincial C/ass Environmental Assessment;
Totten Sims Hubicki/McCormick Rankin - Re: Proposed Satellite Parking Lots for
Casino - that information be received on Proposed Satellite parking Lots for the
Casino;
MW-96-142 - Culvert Investigations Consulting Services Agreement - that the
firm of El/is Engineering Inc. be retained to carry out the condition surveys for
eight (8) culverts and that the appropriate by-law on Council agentis be
approved;
MW-96-148 - Landfill Tipping Face - that information be received and filed on the
Landfill tipping Face;
6
MW-96-160 - Summer Street at Main Street Request for Traffic Signals - that
information be received on Report MW-96-160, Summer Street at Main Street
Request for Traffic Signals; and that the Region be requested to review warrants
at appropriate times; and that installation of these signals be included in the
City's 1997 budget deliberations;
Resolution for Landscaped Advertising on Hwy. 420/QEW - that the City send a
resolution to the Province requesting a change in their policy regarding the
installation of landscaped advertising features along Hwy. 420/QEW;
Information Items: - Article from September, 1996 Environmental Science &
Engineering Magazine - "Municipal Sewage and Water Systems Are in a State
of Cdsls"- that the Article "Municipal Sewage and Water Systems Are in a State
of Crisis" be received for information;
- 5 -
8. New Business:
Telephone Poll for Contracts 96-152-96 and 96-126-94 - that telephone polls
which awarded Contract 96-156-96 (Stanley Avenue parking Lot) to Nodohn Ltd.
and Contract 96-126-94 (Road Reconstruction & Streetscaping on Bender Street
&Ontado Avenue) to Stevensville Lawn Service Inc. be accepted;
MCTR Parking Lot Update:
That the information b received on changes to the MCTR parking lot.
Carried Unanimously
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the actions on the following matters taken by Corporate Services Committee, earlier
this evening be approved:
1. Adoption of the September 23, 1996 Corporate Services Committee minutes;
Report F-96-,r2 - Review of Nova House - that the 1996 funding for Nova House,
in the amount of $19,000.00, be released;
Report F-96-43 - Municipal Accounts - that Council authorize payment of
accounts totalling $14,309,273.76 for the period ending October 7, 1996 -
Alderman Janvary indicated a pecuniary interest on Cheque No. 224095 because
the recipient is her employer,' Alderman Cummings indicated a pecuniary interest
on Cheque No. 224059 because a member of his family is employed by the
recipient; Alderman Craitor indicated a pecuniary interest on Cheque No. 224059
because a member of his family is employed by the recipient; Cheque Nos.
224141 and 224288 because he is a member of the organizations involved,
See By-law No. 96-215
HR-96-07 - Chief Administrative Officer - Re: United Way Incentive Program for
Civic Employees. The report recommends that Council approve two one-week
vacations (5 days each) and six single vacation days to be awarded to the winners of
the City's 1996 United Way Incentive Program draws.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carded Unanimouslv~_
PD-96-92 - Chief Administrative Officer- Re: Request for Extension to Draft Plan
Approval, Southgate Estates; 26T-92015 (Revised). The report recommends the
following:
That a Council resolution supporting a one-year extension to draft plan approval
for the Southgate Estates Plan of Subdivision be adopted conditional on the
applicant maintaining the appropn'ate subdivision sign on the property that
complies with Municipal and Regional requirements;
2, That a copy of this report and the Council resolution be forwarded to the
applicant and the Regional Municipality of Niagara,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Creitor, that
the report be received and adopted. The motion Carried with Alderman Janvary voting
contrary to the motion and with all others voting in favour.
.Se.e ResolUtion No. 60
- 6-
PD.96.93 - Chair, Niagara Falls LACAC - Re: Action Arising from LACAC Meeting,
September 26, f996. The report recommends that Council direct staff to proceed with
the designation of the Redmond Heights property under Part IV of the Ontario Heritage
Act and to set aside sufficient funds for the designation.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously,
CD.96-46 - Chair, Ad-Hoc Smoke-Free Areas Committee - Re: Smoke Free Areas
By-law. The report recommends that Council table the attached by-law for
consideration at their October 28, 1996 Regular Meeting.
ORDERED on the motion of Alderman Puttick , seconded by Alderman Orr, that the
report be received and adopted and further that the City Clerk be authorized to place
the appropriate notice in the newspapers. Carried Unanimously.
L-96-59 - Chief Administrative Officer- Re: Release of Agreements; Mount Carmel
4 (Reese's) Subdivision. The report recommends that Council release River Realty
Development (1976) Inc. from certain agreements registered on title to the property,
formerly known as Reese's Restaurant, and that the Mayor and Clerk be authorized to
execute any documents necessary for the purpose of releasing the parties and
terminating the said agreements.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the
report be received and adopted. Carded Unanimously.
See By-law No. 96-214
L-96-60 - Chief Administrative Officer - Re: Legislation to Control the Idling of
Vehicles in the City of Niagara ~alls. The report recommends that this report be
received and filed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that
the report be received and filed and that the matter be brought back in February, 1997
for further consideration. Carded Unanimously.
RESOLUTIONS
NO. 59 - CUMMINGS - HENDERSHOT- WHEREAS Solicitor General and Minister
of Correctional Setvices, Bob Runciman announced that 14 Provincial jails will be
closed; and WHEREAS the jails to be closed will be replaced by two "Super Jails" and
expansion to three existing correctional facilities; and WHEREAS among the jails to be
closed is the Niagara Detention Centre, which serves the Region; and WHEREAS up
to 130 Niagara residents will be unemployed as a result of the closure; and WHEREAS
220 spaces, for adult male prisoners serving jail time, awaiting trial and bail hearings,
and awaiting Immigration hearings and deportations, will be eliminated; and WHEREAS
local law enfomement agencies, such as the Niagara Regional Police, the Ontario
Provincial Police, the Ontario Provincial Police, the RCMP, Canada Immigration, and
Court Setvices will be required to incur the additional costs of transporting detainees
back and forth between the Region and the location of the closest "SuperJail" and
WHEREAS the closure of ~e Niagara Detention Centre will greatly impair' the
enfomement capability of Canada Immigration as their control of cross border crime in
the Niagara Region is dependent on detaining foreign criminals locally to allow for their
prompt deportation to the United States; and WHEREAS especially, Kith the upcoming
opening of Casino Niagara, the City of Niagara Falls supports a strong law enforcement
presence in the Community; THEREFORE BE IT RESOLVED THAT the Solicitor
General and Minister of Correctional Services reconsider the closure of the Niagara
Detention Centre; and FURTHER that if the Niagara Detention Centre is to be closed,
that the Province make arrangements to provide a facility in the Region to temporarily
hold foreign criminals, to control their transit into the Community and to Casino Niagara.
AND the Seal of the Corporation be herato affixed.
Carried Unanimously
- 7 -
NO. 60 - CUMMINGS - CRAITOR - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby supports a one-year extension to the draft plan
approval for the Southgate Estates Plan of Subdivision and that the Regional
Municipality of Niagara be so informed; conditional upon the applicant maintaining the
appropriate subdivision sign that complies with Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY. LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that leave be granted to introduce the following by-laws, and the by-laws be read a first
time:
96-190
A by-law to authorize the execution of an agreement with Ellis Engineering
Inc. respecting a proposal to carry out a condition survey of eight
culverts.
96-204
A by-law to amend By-law No. 89-155, as amended, being a by-law to
provide' for the Standing Rules of Council.
96-205
A by-law to authorize the execution of an agreement with Stevensville
Lawn Setvice Inc. respecting the road reconstruction and streetscaping on
Bender Street and Ontario Avenue.
96-206
A by-law to authorize the execution o~ an agreement with Norjohn Limited
respecting aspha/ring Municipal Parking Lot number 17 located on Stanley
Avenue.
96-207
A by-law to authorize a consulting agreement with CSDC Systems Inc. to
furnish professional setvices in connection with the installation, business-
fit, data conversion and training of the AMANDA Application tracking
software.
96-2O8
A by-law to authorize a licencing agreement with CSDC Systems Inc. to
purchase the AMANDA Application Tracking Software and Technical
Setvices.
96-209
A by-law to authorize the execution of an agreement with River Realty
Development (1976) Inc. for the purpose of releasing River Realty*
Development (1976) Inc. from the terms and conditions of certain
agreements.
96-210
96-211
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Through Highways)
A by-law to authorize the execution of a Subdivision Agreement with
Karan DeGiorgio respecting the Mount Cannel North - Phase II - Stage I
Subdivision.
96-212
96.213
A by, law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Reads (Part II - Stopping/Standing and Parking).
A by-law to amend By-law No. 79-200, as amended. (River Realty
Development (1976) Corp., AM-1,5/96)
96-214
A by-law to amend By-law No. 79-200, as amended, (River Realty
Development (1976) Corp., AM-16/96)
- 8
96-215 A by-law to authorize monies for General Purposes (October 7, 1996).
96-216 A by-law to authorize the execution of a licence agreement with 820872
Ontario Limited for the purpose of permitting certain lands owned by the
City, adjacent to the applicant's business, to be used for parking.
The motion Carried with Aldermen Craitor, Cummings and Janvary abstaining from the
vote on By-law No. 96-215 on conflicts of interest previously noted and with all others
voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the following by-laws be now read a second and third time:
96-190
A by-law to authorize the execution of an agreement with Ellis Engineering
Inc. respecting a proposal to carry out a condition survey of eight culverts.
96-204
A by-law to amend By-law No. 89-155, as amended, being a by-law to
provide for the Standing Rules of Council.
96-205
A by-law to authorize the execution of an agreement with Stevensville
Lawn Service Inc. respecting the road reconstruction and streetscaping on
Bender Street and Ontario Avenue.
96-206
A by-law to authorize the execution of an agreement with Norjohn Limited
respecting asphalting Municipal Parking Lot number 17 located on Stanley
Avenue.
96-207
A by-law to authorize a consulting agreement with CSDC Systems Inc. to
furnish professional services in connection with the installation, business-
fit, data conversion and training of the AMANDA Application tracking
software.
96.208
A by-law to authorize a licencing agreement with CSDC Systems Inc. to
purchase the AMANDA Application Tracking Software and Technical
Services.
96-209
A by-law to authorize the execution of an agreement with River Realty
Development (1976) Inc. for the purpose of releasing River Realty
Development (1976) Inc. from the terms and conditions of certain
agreements.
96-210
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Through Highways)
96-211
A by-law to authorize the execution of a Subdivision Agreement with
Karen DeGiorgio respecting the Mount Cannel North - Phase II - Stage I
Subdivision.
96.212
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Part II - Stopping/Standing and Parking).
96.213
A by-law to amend By-law No. 79-200, as amended.' (River Realty
Development (1976) Corp., AM-15/96)
96.214
A by-law to amend By-law No. 79-200, as amended, (River Realty
Development (1976) Corp., AM-16/96)
- 9-
96-215
96-216
A by-law to authorize monies for Genera/Purposes (October 7, t996).
A by-law to authorize the execution of a licence agreement with 820872
Ontario Limited for the purpose of permitting certain lands owned by the
City, adjacent to the applicanrs business, to be used for parking.
The motion Carried with Aldermen Creitor, Cummings and Janvary abstaining from the
vote on By-law No. 96-215 on conflicts of interest previously noted and with all others
voting in favour.
NEW BUSINESS
Keeping of Docls
Alderman Norm Puttick referred to correspondence received from Mr. Pat
Piccirillo expressing concerns regarding the problems being encountered with the
number of dogs kept at essie Court along with recommendations and requested that
the matter regarding the number of dogs permitted per household and a by-law that
controls the number of dogs be looked into.
Alderman Puttick suggested that a meeting be arranged with Mr. Piccirillo and
staff to address his concerns.
ORDERED on the motion of AIderman Puttick, seconded by AIderman Cummings, that
the matter be referred to staff. Carried Unanimously.
Niagara Falls Arts and Culture Commission
Alderman Gary Hendershot referred to a new publication from the Niagara Falls
Arts and Culture Commission entitled '~rtscene", a forum to provide information
sharing, publicity and a cultural exchange for arts groups in and around Niagara Falls.
Alderman Hendershot commended the efforts of the Commission on the publication of
a very worthwhile publication.
Holman Property (Redmond Heiohts)
Alderman Norm Puttick reviewed correspondence received from Mr. Gary Pfilitteri,
M.P. and the response from Deputy Prime Minister of Canadian Heritage with respect
to the requested funds for the Holman Property (Redmond Heights) not being granted.
Montrose Business Park
Alderman Norm Puttick referred to correspondence received responding to an
article in the Niagara Falls Review regarding the proposed development in the City's
industrial park.
His Worship Mayor Thomson defended the City's actions in this regard.
10 -
City Jackets
Alderman Norm Puttick requested that a report be prepared by staff with regard
to the availability and supply of City jackets to members of Council at cost.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that a report
be brought back on the matter of the availability and supply of City jackets to members
of Council at cost. Carried Unanimously.
Core Buildinfl Security
Alderman Pat Cummings referred to staff safety concerns and the security
system at the Core Building and requested that staff investigate the matter.
Video Lotten/ Terminals (VL T's)
His Worship Mayor Thomson discussed the issue of placement of Video Lottery
Terminals (VLT's) in licenced establishments in the City and expressed concerns
regarding the tremendous impact this form of addictive gambling would have on
Niagara Falls. Mayor Thomson requested that the matter be deferred for two weeks in
order that a resolution of Council be prepared expressing Council's views on the use
of Video lottery Terminals.
Skvwalk Above Nianare
His Worship Mayor Thomson indicated that he had been approached by Mr. Jay
Cochrane, in co-operation with Blackhawk Productions, to high-wire walk over Niagara
Falls in September, 1997, marking the lOOth Anniversary of the last crossing of Niagara
Falls by a human on a tightrope. He further advised that the proposed walk would
begin from a temporary tower on the American side and finish on top of the Sky/on
Tower, Mayor Thomson provided a short video presentation of Mr. Cochrane's skywalk
above the Yangtze River in China and requested Counci/'s approval in principal of the
proposal.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that
Council approve, jn principal, for Mr. Jay Cochrane to proceed with the skywalk and
authorize staff to work with the proponent. Carded Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the meeting be adjourned. Carded Unanimously. ' '
READ AND ADOPTED,
MAYOR WAYNE THOMSON
r
TWENTY-FIFTH MEETING
PLANNING MEETING
Counc~ Chambers
October 21, 1996
Council met on Monday, October 21, 1996 at 7:00 p.m. for the purpose of
considering Planning and Regular Business Matters. All members of Council, with the
exception of Alderman Kim Craitor, who was away on business, were present.
Alderman Pat Cummings offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the Minutes of the Regular Meeting of October 7, 1996 be adopted as printed.
Carried Unanimously.'
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Campbell indicated a pecuniary interest on Report F-96-43 from the
Council meeting of October 7, 1996 on Cheque No. 224095 and on Communication No.
212a) because he is employed by the School Board.
Alderman Pietrangelo indicated a pecuniary interest on Report F-96-43 from the
Council meeting Of October 7, 1996 on Cheque No. 224108 because he is employed
by the School Board.
Alderman Cummings indicated a pecuniary interest on Report F-96-44, Cheque
Nos. 224385 and M91644 because a member of his family is employed by the Region.
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on
Communication No. 225 because they are employed by Niagara South Board of
Education.
Alderman Hendershot indicated a pecuniary interest on Report PD-96-103,
because members of his family reside in the area.
Alderman Susin indicated a pecuniary interest on Report PD-96-102, because he
resides in the area; and indicated a pecuniary interest on Report PD-96-95, because a
member of his family resides in the area and of his conflict on the site specific aspect.
Alderman Ward indicated a pecuniary interest on Report F-96-44, Cheque No.
224514 because he has a business interest.
PRESENTATIONS
His Worship Mayor Thomson presented a token of appreciation to Angelique
Moss, the Ontado Vt4nner of the Optimist International Essay Competition. Angelique's
essay was part of the activities done under the umbrella of A.N. Myer's Gifted/Talented
Program.
- 2 -
CURRENT PLANNING MATTERS
PD-96-98 - Chief Administrative Officer - Re: Subdivision and Zoning by-law
Amendment Applications, 26T-96006; AM-12/96, 572930 Ontario Ltd., Proposed
Mount Forest 3 Plan of Subdivision. The report recommends the following:
That Council approve the Mount Forest 3 Plan of Subdivision "as redlined"
subject to the conditions listed in Appendix 1;
2. That Council approve the requested zone change from DH to R1E;
That a copy of this report be forwarded to the Region as the City's comments on
the plan of subdivision.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The Acting City Clerk advised that the Notice of the Public Meeting had been
given in accordance with Regulations by mailing to all effected and interested parties
on September 20, 1996.
His Worship Mayor Thomson received indication that the applicant was not in
attendance and received a negative response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontado Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject
property with the assistance of posted sketches and reviewed the information included
in Technical Report PD-96-96; Official Plan and Surrounding Land Use; Subdivision
Design; Zoning; and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in suppo.~, of or opposed to the
application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM- 12/96 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the report be received and adopted. Carded Unanimously.
PD-96.102 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-22/96; Pierre Paquette, 12549 Niagara River Parkway. The report
recommends that Council approve the application to permit the existing dwelling to be
used as a toudst home containing not more than 2 rooms for tourists.
. AND -
Communica#on No. 2'/5 - Ms. Athena Kaye. The communication advises as strongly
objecting to the zoning amendment,
Communication No. 2f6 Regional Niegera, Planning and Development
Department, The communication advises as having no objections to the proposal.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The Acting City Clerk advised that the Notice of the Public Meeting had been
given in accordance with Regulations by mailing to all effected parties on September
20, 1996.
His Worship Mayor Thomson received indication that Mr. Pierre Paquette, the
applicant was in attendance and received a negative response to his request for a show
of hands by persons present who were interested in the application. He requested that
all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject
property with the assistance of posted sketches and reviewed the information included
in Technical Report P.D-96-97; Background; Official Plan; Physical Analysis; Nature of
the Zone Change; Licensing and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of or in opposition to the
application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-22/96 closed.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that
the report be received and adopted. The motion .Carried with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in
favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the correspondence be received and filed. :Carried Unanimously.
PD-96-103 - Chief Administrative Officer- Re: Zoning By-law Amendment
Application; AM-21/96, Dr. Reddy; 5511 & 5515 Portage Road. The report
recommends that Council approve the application to permit a medical office for one
practioner to be established on the first floor of the building and to permit the
construction of a 280 sq. ft. addition to be used for the same purpose.
~ AND -
Communication No. 217 - Martin, Sheppard, Fraser. The communication discusses
the landscaped area under "Site Plan Control", and requests that permission be granted
to maintain concrete planters in the landscaped areas rather than tear out the asphalt.
Communication No. 218 Regional Niagara, Planning and Development
Department. The communication advises as having no objection to the proposal.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The Acting City Clerk advised that the Notice of the Public Meeting had been
given in accordance with Regulations by mailing to all effected owners and interested
parties on September 20, 1996.
- 4-
His Worship Mayor Thomson received indication that Mr. J.R. Boyce, Solicitor,
and the applicant, Dr. Reddy, were in attendance and received a positive response to
his request for a show of hands by persons present who were interested in the
application. He requested that all persons wishing to receive further notice of the
passage of the by-law submit their names and addresses to the Clerk prior to leaving
the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject
property with the assistance of posted sketches and reviewed the information included
in Technical Report PD-96-99; Background,' Official Plan; Nature of the Zone Change;
Site Plan Control and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
negative response from persons opposed to the application.
Mr. Boyce discussed the issue of asphalt in the landscaping and stated that the
matter could be dealt with under the site plan process.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-21/96 closed.
ORDERED on the motion of AIderrnan Cummings, seconded by Alderman Volpatti, that
the report be received and adopted. The motion Carried with Alderman Hendershot
abstaining from the vote on a conflict of interest previously noted and with all others
voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the correspondence be received and ~ed. Carded Unanimously.
PD-96-95- Chief Administrative Officer- Re: Request for Clarification of Council's
Position Application for Waste Disposal Site (Processing) Envim-Ganics Ecological
Systems Inc., 4505 Baker Road. The report recommends the following:
1. That Council clarify whether its intent is to request a discretionary public hearing
for the appfication under the Environmental Protection Act based on the reasons
presented at the July 22, 1996 Council meeting and noted in this report;
2. That the Ministry of Environment and Energy be advised accordingly.
Mr. James Susin, 4385 Baker Road, expressed the following concems: the
permitted use under the zoning by-law; the establishment of a waste disposal site in a
residential area; the type of matedHal that would be hauled in for processing and of any'
contamination to his property because of the close proximity of the facility.
The City Solicitor provided cladHfication on the matter and advised that all the
effected ministdHes involved were of the opinion that the facility was an agdH~ultural use;
indicated that the Regional Director of the Ministry of Environment and Energy (MOEE)
had the final approval of a Certificate of Approval which was required by the MOEE due
to the processing of "organic matedHar~' he further responded that it would be the
determination of the MOEE of whether this was permitted under the zoning by-law; and
a public headling would provide full examination of the issues related to the proposed
facility and would provide the residents an opportunity to express their concems.
Ms. Margaret Hoy, Solicitor suggested that Council obtain a second opinion on
the issue in order that the matter could be reviewed more carefully.
Mrs. Carol Susin, 4385 Baker Street, stated this was an industrial operation
and that it belonged in an industrial area.
Mr. Raymond Young, Enviro-Ganics reviewed the proposed composting
process; referred to the control of truck traffic, flying debris; noise levels and odour
controls.
Following further disucssion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Fisher, that Council recommends a discretional
public hearing and that the issues of discharge of odours, discharge of waste to the
watercourse crossing the property, excessive noise levels and inadequate road surface
on Baker Road to accommodate truck traffic be addressed at the public hearing. The
motion Carried with Alderman Susin declaring a conflict of interest on the site specific
aspect of the motion and with all others voting in favour.
PD-96-fO0 - Chief Administrative Officer- Re: Request for Extension to draft Plan
Approval; Mount Ca. rmel North (Phase 2 & 3), 26T-89009 (Revised). The report
recommends the following:
That a Council resolution supporting a one-year extension to draft plan approval
for the Mount Carmel North (Phase 2 & 3) Plan of Subdivision be adopted
conditional on the applicant maintaining the appropriate subdivision sign on the
property that complies with Municipal and Regional requirements;
2. That a copy of this report and the Council resolution be forwarded to the
applicant and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 6~
PD-96- '/Of - Chief Administrative Officer- Re: Appfication for Site Plan Approval;
SPC-3/96, Rose City Plaza Ltd., East Side Portage Road and Colborne Street. The
report recommends that Council approve the site plan for a 26,400 sq. ft. retail plaza
located on the east side of Portage Road south of Commisso's Food Terminal
His Worship Mayor Thomson received indication that Mr. Rocco Commisso,
applicant and Mr. John Romanov, Architect were in attendance.
The Deputy Director of Planning and Development provided information on the
proposal through the use of posted sketches; advised the site would function as one
commercial entity with shared access and parking facilities; indicated that the
landscaping and development meets the cdHteria and technical requirements and
recommended approval of the proposal
Mr. Rocco Commisso reviewed the steps that had been taken to ensure that the
noise levels and privacy concerns had been addressed and introduced Mr. John
Romanov who reviewed the proposal with respect to truck maneuverability; garbage
collection, staff parking; the loading dock, privacy fencing and landscaping.
Mr. Romanoff provided a rendedHng of the existing food store and the proposed plaza
to members of Council and responded to concerns regarding the height of the
proposed tower structure.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. The motion Carried with Alderman Janvary voting
contrary to the motion and with all others voting in favour.
DEPUTATIONS
Downtown Board of Manaoement
Mr. Paul Juliar, Chairman, Downtown Board of Management referred to the
benefits of Acres' International move to the Ministry of Tourism building; referred to the
traffic and transportation problems and to the delay of the second phase of the People
Mover Transportation System Study due to the Provincial funding cuts and presented
the City with a cheque in the amount of $5,000.00 toward the Feasibility Study
His Worship Mayor Thomson thanked the Downtown Board for their generous
donation on behalf of the City.
Chil3pawa Business Improvement Area Association
Mr. Doug Embleton, President, Chippawa Business Improvement Area
Association, advised that the decorative lighting at Cummington Square has been
disconnected due to safety reasons. He indicated that the intent was to replace and
upgrade only the lighting on the gazebo for the upcoming Festival of Lights and the
annual Christmas celebrations on the Square
Alderman Fisher advised that a meeting would be held on October 21, 1996 at
City Hall with representatives of the Business Association, Village of Chippawa citizens;
the Legion and members of staff to discuss the future of Cummington Square.
Following further discussion, it was ORDERED on the motion of Alderman Ward,
seconded by Alderman Volpatti, that Council approve the lighting on the gazebo at
Cummington Square for the Festival of Lights. Carried Unanimously.
White Ribbon A~lainst Pornoqral3hv
His Worship referred to the White Ribbon Against Pornography Campaign and
Councirs support of the campgain.
PUBLIC MEETING
MW-96-159- Chief Administrative Officer- Amendment to the City's Development
Charges By-law. The report recommends that, subject to the results of the Public
Meeting on the above matter, By-law 91-267 as amended, be further amended by
repealing the sun-set clause 30(b) which will extend the expiration date of November
23, 1996 indefinitely or until a new by-law is enacted.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed to consider a proposed amendment to the Development
Charges By-Law.
The Acting City Clerk advised that the Notice of the Public Meeting had been
given in accordance with Regulations by publication in the Niagara Falls Review on
September 21, 1996 and October 12, 1996, requesting that oral or written submissions
be provided to the Clerk.
- 7 -
His Worship Mayor Thomson received a negative response to his request for a
show of hands by persons present who were for or against the proposal, He requested
that all persons wishing to receive further notice of the passage of the by-law submit
their names and addresses to the Clerk prior to leaving the meeting,
There was a negative response to Mayor Thomson's request for comments from
persons, wishing to make oral or written submissions on the proposed by-law
amendment.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to the Development Charges By-law closed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously._
See By-law No. 96-219
COMMUNICATIONS
Communication No. 219 - City of Welland - Re: Closure of Driver Examination
Centres. The communication asks that Council support a resolution requesting the
Minister of Transportation for the immediate reconsideration and review of the decision
to close the driver examination centres as it will effect citizens across the Region, not
just those living in the City of Welland.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the request be supported. Carried Unanimously.
Communication No. 220 - Canadian Diabetes Association - Re: Proclamation. The
communication requests Council proclaim the month of November, 1996 as "Diabetes
Month" in the City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the request be supported. Carried Unanimously.
Communication No. 221 - The Town of Kapuskasing - Re: Hospital Board
governance. The communication requests that Council endorse a resolution petitioning
the Provincial Government through direct appeal to the Minister of Health to conserve
the present system of hospital board governance in Ontario.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the request be endorsed and that a letter be forwarded to the Hospital Board. Carried.
Unanimously.
Communication No. 222 - Flamboro Downs - Re: New Teletheatre Site. The
communication requests Council approve a proposed Teletheatre at the Niagara Falls
Casino site.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the request be supported. Carried Unanimously.
Communication No. 223 - Heritage Canada Foundation - Re: Gabrielle Leger Award -
advising that Miss Ruth Redmond will receive the Gabrielle Leger Award for preserving
a significant part of Lundy's Lane Battlefield site,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the communication be received and filed for the Information of Council. Carried
Unanimously.
Communication No. 224 - Niagara Falls Minor Hockey Association - Re:
Proclamation. The communication requests Council proclaim November 29, 1996 and
November 30, 1996 as "Niagara Falls Minor Hockey Association Tag Days".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Campbell,
that the request be approved subject to established policy. Carried Unanimously.
Communication No. 225 - Niagara South Board of Education - Re: Crossing Guard.
The communication requests that consideration be given to assign another crossing
guard at the intersection of Lundy's Lane and Dorchester Road.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ward, that the
matter be referred to staff and that staff be directed to investigate the issue of signs,
and the wearing of vests for safety reasons by volunteer crossing guards. The motion
Carried with Aldermen Campbell, Janvary and Pietrangelo abstaining from the vote on
conflicts of interest previously noted and with all others voting in favour.
Communication No. 226 - N. D'Ascenzo, Oakwood Cabinets - Re: Stop Lights. The
'communication requests that consideration be given to the installation of a stop light at
the intersection of McLeod Road and Oakwood Drive.
ORDERED on the motion of Alderman Susin, seconded by Alderman Campbell, that the
matter be referred to staff. Carried Unanimously.
Communication No. 227- Victoria Avenue Property Business Owners Association -
Re: New Appointments. The communication advises that Michael Karagias, Vince
Ferro, Mary Radice, Dino DiCienzo Jr. and Gino Romeo have been appointed to the
Victoria Avenue Business Improvement Association Board and requests Council
ratification.
ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the
appointments to the Victoria Avenue Business Improvement Association Board be
ratified and that Alderman Selina Volpatti be appointed as Council representative to sit
on the Board of ManagemenL Carried Unanimously.
Communication No. 228 - Saint Michael High School - Re: United Nations Day -
requesting permission to have the United Nations flag flown on Thursday, October 24,
1996 in honour of United Nations Day.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo , that
the request be approved subject to established policy. Carried Unanimously.
REPORTS
MW-96-16f . Chief Administrative Officer- Re: Municipal Works Department;
Bu~ding Division - Report for September, 1996. The report recommends that this
report be received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously.
MW-96-163- Chief Administrative Officer- Niagara Purchasing Committee Tender
96-T-32; Stockpiling of Winter Sand Materials for the 1996-1997 Winter Season,
The report recommends that the tender for the supply and delivery of Winter sand
including the mixing of salt with this sand, be awarded to Walker Brothers Quarries for
the unit prices tendered by this Company.
.ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatii, that
the report be received and adopted. Carried Unanimously.
MW-96-164 - Chief Administrative Officer- MW-96-164, Extension Sodium Chloride
Contract; Region's Reference #96-T-31. The report recommends that the contract
awarded in 1995, MW-95-179, forthe supply and delivery of Bulk Sodium Chloride, to
Azko Nobel Salt Ltd., Mississeuga, Ontario, be extended for an additional seven (7)
months at a firm prfce of $41.86 per tonne, excluding sales taxes which will add an
additional 11% to the cost,
- 9 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Vo/patti, that
the report be received and adopted. Carried Unanimously.
MW-96-165 - Chief Administrative Officer- Re: Replacement Fence at the Mountain
Road Landfill. The report recommends that the quotation from the lowest bidder,
Peninsula Fence and Landscaping (Thorold, Ont.) be accepted and work begin as soon
as possible.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
R-96-59 - Chief Administrative Officer- Re: Repeal of By-law 86-100 and Deletion
of Parks, Recreation & Culture Policy and Procedures Sections 1000.20; 1000.21
and 1000.24. The report recommends that Council repeal City of Niagara Falls By-law
86-100, establishing rental rates for City arenas and swimming pools and authorize the
deletion of the above-noted Section of the Parks, Recreation & Culture Policies and
Procedures Manual
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-218
F-96-44- Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $6,460,260.29 for the period ending October 21,
1996 be approved by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the report be received and adopted. The motion Carried with Aldermen Cummings,
and Ward abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
See By-law No. 96-223
CD-96-47- Chief Administrative Officer- Re: Lundy's Lane Business Improvement
Area (B. LA.). The report recommends that staff be authorized to initiate the process
required for the establishment of a Business Improvement Area.
ORDERED on the motion of Alderman Susin, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously..
L-96-58 - Chief Administrative Officer- Re: Property Standards By-law; File No.
92CNF000.153. The report recommends that Council pass the by-law that consolidates
the City's residential and non-residential property standards by-laws and that provides
amendments and improvements to the present standards for maintaining property in the-
City of Niagara Falls.
-. AND -
Correspondence from The Chamber of Commerce Niagara Falls, Canada, requesting
that Council consider the concerns of the business community as they relate to certain
provisions before the implementation of the proposed by-law.
ORDERED on the motion of Alderman Susin, seconded by Alderman Volpatti, that the
matter be deferred for further consideration. Carried Unanimously.
L-96-6f - Chief Administrative Officer - Re: Establishment of One Foot Reserve as
a Public Highway; Block 96, Plan 59M-f24 - Ascot Circle. The report recommends
that a one foot reserve, described as Block 96 on registered Plan 59M-124, be
established as a public highway, to be known as and to form part of Ascot Circle.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the
report be received and adopted, Carried Unanimously..
10-
RESOLUTIONS
NO. 61 - VOLPATTI- PIETRANGELO - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby supports a one-year extension to draft plan approval
for the Mount Carmel North (Phase 2 & 3) Plan of Subdivision and that the Regional
Municipality of Niagara be so informed; conditional upon the applicant maintaining the
appropriate subdivision sign on the property that complies with Municipal and Regional
requirements;
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that leave be granted to introduce the following by-laws, and the by-laws be read a first
time:
96-217
A by-law to establish Block 96 on Registered Plan No. 59M-124 as
a public highway to be known as and to form part of Ascot Circle.
96-218
A by-lawto repeal City of Niagara Falls By-law No. 86-100, being
a by-law to establish rental rates for City arenas and swimming
pools.(Report R-96-59)
96-219
A by-law to amend By-law No. 91-267, as amended, being a by-law
respecting development charges
96-220 WITHDRAWN
96-221
96'222
A by-law to amend By-law 94-303, as amended providing for
appointments to certain Boards, Commissions and Committees.
A by-law to authorize a lease agreement with Hi-Tech Material
Handling 1994 Ltd. for the City's water molecule.
96-223
A by-law to authorize monies for General Purposes (October 21,
1996).
The motion Carried with Aldermen Cummings and Ward abstaining from the vote on By-
law No. 96-223 on conflicts of interest previously noted and with aft others voting in
favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the following by-laws be now reed a second and third time:
96-217
96-218
A by-law to establish Block 96 on Registered Plan No. 59M- 124 as
a public highway to be known as and to form part of Ascot Circle.
A by-law to repeal City of Niagara Falls By-law No. 86-100, being
a by-law to establish rental rates for City arenas and swimming
pools.(Report R-96-59) '
96.219
96-220
A by-law to amend By-law No. 91-267, as amended, being a by-law
respecting development charges
WITHDRAWN
96-221
A by-law to amend By-law 94-303, as amended providing for
appointments to certain Boards, Commissions and Committees.
11
96-222
A by-law to authorize a lease agreement with Hi-Tech Material
Handling 1994 Ltd. for the City's water molecule.
96-223
A by-~w to authorize monks for General Purposes (October 21,
1996).
The motion Carried with Aldermen Cummings and Ward abstaining from the vote on By-
law No. 96-223 on conflicts of interest previously noted and with aft others voting in
fayour.
NEW BUSINESS
Letters of Condolence
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that
a letter of condolence be forwarded to the family of the late James Arthur Mackey, a
weft-respected teacher at Niagara Falls Secondary School. Carried Unanimously.
ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that a letter
of condolence be forwarded to the family of the late Concetta LaRosa, mother of Sam
LaRosa. Carried Unanimously.
Clean up of Weeds
Alderman Norm Puttick referred to a quote received regarding the cleaning up
of weeds along the main intersections of the City and equested that the Chief
Administrative Officer contact the Ministry and the Region regarding the matter and that
a report be brought back to Council.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
clean up of weeds along main intersections of the City be discussed with the Ministry
and the Region and that a report be brought back to Council on the matter. Carried
Unanimously.
Italian Pensioner Centre
Mayor Thomson referred to his attendance at Club Italia and the presentation of
a plaque to the City of Niagara Falls on behalf of the Italian Pension Centre 20th
Anniversary in appreciation of the City's involvement.
Handicap Signs
Alderman Judy Orr referred to the height and placement of disabled signs at the
Hy and Zel's plaza and requested that the matter be looked into.
Man-A-Mile Race
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that a letter
of congratulations be forward from the Mayors Office to the Niagara Falls team on
winning the Man-a-Mile Race and to St. Michael School and the Long family for their
participation in the event. Carried .UnanimousIv.
- 12-
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that
the meeting be adjourned. Cardled Unanimously.
READ AND ADOPTED,
R. O. KALLIO, ACTING CITY CLERK
TWENTY-SIXTH MEETING_
COMMITTEE-OF- THE-WHOL__E
Committee Room #2
October 28, 1996
Council met on Monday, October 28, 1996 at 6:00 p.m., in Committee of the
Whole. All members of Council, were present. Alderman Paisley Janvary presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNC~ MEE~NG
Council Chambers
October 28, 1996
Council met on Monday, October 28, 1996 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council, were present.
Alderman Shirley Fisher offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the
Minutes of the Planning/Regular Meeting of October 21, 1996 be adopted as printed.'
Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Craitor indicated a pecuniary interest on Report F-96-44, from the
Council meeting of October 21, 1996 on Cheque Nos. 224385; M91644 because a
member of his family is employed by the Region; and indicated a pecuniary interest on
Cheque No. 224592, because he is involved with the Niagara Minor Hockey, Jr. B. Club.
Alderman Craitor indicated a pecuniary interest on Report F-96-45, Cheque No.
224763, because the recipient is his employer.
Aldermen Craitor and. Cummings indicated pecuniary interests on Report F-96-
45, Cheque No. 224777 because members of their family are employed by the Region.
Alderman Puttick indicated a pecuniary interest on Report L-96-67, because he
has an interest in the application.
Alderman Volpatti indicated a pecuniary interest on Report L-96-67, because a
member of her family has an interest in the application.
DEPUTATIONS
Canadian Automobile Association - Niaoara
Mr. John Shetwin, Communications Co-ordinator addressed Council on the
issue of increased volume of truck traffic; the estimated cost to the economy from road
collisions and of the collisions caused by deteriorating highway conditions; the narrow
lanes on highways and the lack of wide, paved shoulders. Mr. Shetwin referred to the
Canadian Automobile Association's National Highway Campaign urging the Federal
government to allocate more funding for the National Highway System by spending two
cents of the lO-cents a litre excise tax to rebuild our highways and requested that
Council endorse CAA's National Highway Campaign through resolution.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that
Council endorses a resolution supporting ongoing efforts by the Canadian Automobile
Association in its urging of the Government of Canada to invest at least two cents of the
ten cents per litre federal excise tax to create a funding program for the National
Highway System. Carried Unanimously.
See Resolution No. 62
Proposed Casino Parking
MW-96-173 - Chief Administrative Officer- Interim Casino Satellite Parking at
Roberrs Street/Stanley Avenue. The report recommends the following:
1. That the information in this report be received;
That the City support the establishment of Interim Casino Satellite Parking at the
Roberts Street and Stanley Avenue intersection.
Mr. Doug Allingham, Consultant, Ontario Casino Corporation referred to
concerns expressed ~t a recent meeting regarding the impact of emergency vehicles
access; the proximity to existing residence properties; traffic operations at the
intersection of Kitchener and Stanley Avenue and provided a revised proposal, through
the use of slides and discussed the following: the elimination of parking on the east side
of Stanley Avenue; a proposal to close Kitchener Street east of the last residence on
Kitchener Street; referred to buffering the parking lots from the existing residences on
Kitchener Street through the use of landscaping and fencing; referred to the use of 24-
hour a day security; illumination in parking lots that would not spill over to residences
and advised that a monitoring program will be put in place. Mr. AIIingham informed of'
a request by the Niagara Ambulance Service that a study be conducted to look at the
need for traffic signals at the intersection of Portage Road and Kitchener StreeL
Mr. Guy Ungero, on behalf of the Kitchener Street residents expressed concerns
regarding the extensive lighting that would interfere with the normal use of the residenrs
homes; safety concerns and requested further information with respect to the Planning
Act and the Ontario Casino Corporation; referred to concerns regarding flooding
problems in the Kitchener Street area and requested that the residents have an
opportunity to meet and that the site plan not be appreved without the residents having
an opportunity to express their concerns.
The Directorof Municipal Works responded to the flooding concerns and advised
that the parking lot would not aggravate any sewer flooding problems.
Mr. John Cunnane, Manager of the Niagara Ambulance Service advised that
the main concerns had been traffic congestion and that the Ontario Casino
Corporation's plan seems to meet that concern; and indicated that traffic lights at the
corner of Stanley Avenue and Kitchener Street could also alleviate some of their
concerns.
Mr. Edward Beaulieu, 5339 Kitchener Street, expressed health concerns
regarding increased pollution from vehicles in the area and the illumination into the
residences.
Mr. Nick DeGirolamo, 5721 Kitchener Street, referred to the upkeep and
maintenance of the hydro property by the residents in the area and requested the
proposed parking spots in the back of the 8 residences be eliminated.
Ms. Di Lonardo, 5705 Kitchener Street, expressed concerns with respect to the
proximity of the parking lots to the residence.
During the discussion, Mr. Allingham advised that discussions with Hydro
indicated a possible route to connect Kitchener Street to North Street as a pubtic right
of way and have a signalized intersection.
ORDERED on the motion of Alderman Ward, seconded by Alderman Puttick that a
meeting be held with the residents in the area and Mr. Allingham at the Niagara
Regional Health Unit on Wednesday, October 30, 1996 at 7 p.m. to discuss the revised
proposal and options available to ameliorate the concerns of the neighbours. Carried
UnanimousIv.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that
the correspondence be received and filed. Carried Unanimously.
UNFINISHED BUSINESS,
CD-96-48 - Chair, Ad-Hoc Smoke-Free Areas Committee - Smoke Free Areas By-
law. The report recommends that subject to the comments received at the meeting of
October 28, 1996, that Council adopt the by-law appearing on this evening's agenda.
- AND -
Communication No. 229 - Mr. Ralph Biemonte, Mick & Angelo's.
communication expresses opposition to the proposed by-law.
The
Communication No. 230 - Bredcrick, MarineIll, Amadio, Hopkins & Kirkham. The
communication refers to the upgrading of the premises and the use of fans and smoke
eliminating devices.
Communication No. 231 - Petition on behalf of the Greater Niagara Restaurant
Association. The petition expresses opposition to the proposed smoke free areas by-
law.
Communication No. 232 - Heatherington & Deans Limited_. The communication
advises as endorsing the City's efforts and that the implementation of a smoking ban
can benefit the citizens of Niagara Falls in general and the patrons of the Funeral
Home, in particular.
- 4 -
Mr. Brian Young, Baker's Dozen Donuts expressed concerns regarding the
smoke free areas by-law and indicated that the shopowners should decide whether their
establishments should be smoke free.
Mr. Demetrio Macrl, Red Lobster, expressed opposition to the proposed smoke
free areas by-law.
Mr. Vitomir Rajic, Keegan's, indicated opposition to the by-law.
Ken Walsh, Niagara Falls Taxi Cabs requested that Council reconsider
approving the smoke free areas by-law and indicated that the present smoking by-law
was acceptable. He stated that the needs and wishes of the smokers should be
respected.
Shirley Cronkwrlght, Mom's Restaurant (Ashbury Hotel) stated she had a 30-
~seat restaurant and that the passing of the by-law would deprive her of her fivelihood
as most of her customers were smokers.
Dave Hagen'y, Greater Niagara Restaurant Association, Niagara Falls.
expressed opposition to the proposed smoke free areas by-law as it applies to the Food
and Beverage Service Industry and referred to a petition in opposition to the proposed
by-law regulating smoking in Food & Beverage Service facilities. He further indicated
that the Food and Beverage Service Industry is a customer driven industry and that the
issue of smoking or non smoking areas should not be the business of government, that
the matter should remain the proprietors' decision dictated by their customers. He
discussed the City's unique and exceptional position as a global destination, which
depends upon millions of customers from all over the world and that the increase of
non-smoking areas in restaurants to 75% would infringe on the service and facility
expectations presently in place by Niagara's Food and Beverage Service Industry. Mr.
Hagerty suggested a more gradual increase in smoke free areas be looked into.
Dr. Robin Williams, Medical Officer of Health, commented that the Region was
looking to Niagara Falls to assume a leadership role by adopting a smoke free areas
by-law; discussed the health risks of second hand smoke on children and service
industry employees. She further advised that studies indicated that there was no
evidence of a negative economic impact on restaurants. Dr. Williams introduced Ms.
Linda Rix who provided information through the use of slides on the percentage of
smoke free seating in restaurants in Ontario, Canada and the United States.
Ms. Rix provided information on the consultation process and the enforcement
of the by-law. She further advised that the by-law would make the air in public places
safer.
Joe Loncar, M & J Bar & Grill, expressed concems that the small businesses
would mostly be effected by the proposed by-law; and suggested that signs be posted
in restaurants indicating "This is a Smoking or a Non-Smoking Restaurant".
Mr. John Broderlck, on behalf of Cataract Bowl, provided information with
respect to his client having addressed the matter of smoking in their bowling alley
premises and requested that Council place nor further restrictions on them, as they
- have addressed the ma~ter in their bowling alley premises.
Dr. Don Gibson, Professor of Chemistry, Brock University, expressed
concerns regarding the health risks of second-hand tobacco smoke.
Mr. Bill Newman, Secret Garden Restaurant, stated that the decision to
frequent a smoking or a non-smoking restaurant should be the decision of the
customer.
- 5 -
Ms. Brenda Gibson, Niagara Council on Smoking & Health, expressed health
concerns with respect to service industry employees and advised that the concentration
of air quality in bars was higher than was permitted in industry.
Mr. Tom Warren, Tim Hottons, referred to his establishment having a glassed
in smoking section and stated that under the proposed by-law it would not meet the by-
law's standards and he would be required to remove seats to meet the minimum
requirements of the by-law.
It was noted that the issue of separately ventilated areas would be looked into,
Following some discussion, on the motion of Alderman Puttick, seconded by
Alderman Volpatti, that the by-law be approved as presented. The motion was Defeated
with Aldermen Fisher, Hendershot and Puttick voting in favour and with all others voting
contrary to the motion.
Following further discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Ward, that the matter be referred to the Ad-Hoc
Smoke-Free Areas Committee to work through the phasing in of the by-law by a
gradual increase of-percentages in a more fair and judious manner. Carried
Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that
the communications be received and ~ed. Carried Unanimously.
COMMUNICATIONS
Communication No. 233 - Corporation of the City of Thorold - Re: Proposed Closure
of Niagara Detention Centre - requesting Council support a resolution requesting the
Minister of the Solicitor General and Correctional Services to review the matter and to
reverse the decision to close this facility.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin , that
the request be supported. Carried Unanimously.
Communication No. 234 - Gladys Ottman, 6314 Thorold Stone Rd. - Re: Truck traffic
on Thorold Stone Road expressing concerns and attaching a petition regarding the truck
traffic on Thorold Stone Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the matter be referred to staff. Carried Unanimously.
REPORTS
MW-96.170- Chief Administrative Officer- Re: Parking & Traffic Recommendations
from October 15, 1996. The report recommends the following:
1)
Request for Lease Parking - Municipal Parking Lot #4 - that Mr. Ron Herkimer
(owner of Mama Mia's Restaurant) be permitted to lease a parking space in
Parking Lot #4 (Ellen Ave.) on an experimental basis for one year at a cost of
$900.00 and staff report back in one year,'
MW-96-152 - Catalina Street - Parking Concern - that a parking restriction not be
implemented on Catalina Street between Kalar Road and Belaire Avenue;
MW-96-151 - Preakness Street - Parking Concern - that a parking restriction be
implemented on the north side of Preakness Street between Post Road and 135
metres east of Post Road;
- 6 -
MW-96-154 - Pinedale Drive - Parking Concern - that parking be prohibited at all
times, on the north/west side and on the south/east side of Pinedale Drive from
Domhester Road to a point 71 roeIres east of Dorchester Road;
MW-98-153-Spence Street- Parking Concern -that a) parking be limited to 2
hours only from 8:00 a.m. to 8:00 p.m., Monday to Saturday on the north and
south sides of Spence Street from a point 20m east of Dorchester Road to
Conyin Avenue; b) that parking be prohibited at all times, on both sides of
Spence Street from Dorchester Road to a point 20m easter/y;
MW-96-141 - Front Street at Pell Street - All-Way Stop Request - that an all way
stop control be installed at the intersection of Front Street and Pell Street;
MW-96-149 - Victoria Avenue at Jepson Street - Traffic Signal Request - that a)
traffic signals not be installed at the intersection of Victoria Avenue and Jepson
Street; b) that staff undertake a traffic operations study along Jepson Street;
MW-96-150- Franklin Avenue- Traffic Operations Review- that a) all-way stop
controls be installed at the intersections of Franklin Avenue at Culp Street and
Franklin Avenue at Ash Street; b) that staff review the area in six months and
report back to the Committee;
9) Request for an Extension on Lease Parking - Municipal Parking Lot #18 - that the
lease with the Skyline hotels, for 60 parking spaces, in Municipal Parking Lot #18
(Kitchener Street) be extended until November 30, 1996.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimously.
See By-law No. 96-228
See By-law No. 96-229
MW-96-171 - Chief Administrative Officer - Re: Conveyance of Parts 1, 2 & 3;
reference Plan 59R-7327 (Harper Drive). The report recommends the following:
1)
That Parts 1, 2, 3 of Reference Plan 59R-7327 be conveyed to Vincenzo and
Fiorenza Lepiane and Josephine Cardamone;
2) That the City retain an easement for the purpose of a temporary turning circle.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received. and adopted. Carried Unanimously.
See By-law No. 96-226
FD-96-08 - Chief Administrative Officer - Re: Fire Services Boundary Agreement.
The report recommends that Council authorize the City to enter into an agreement with
the Town of Niagara-on-the-Lake for the shadng of fire protection services to certain
areas located on both sides of the boundary between the City of Niagara Falls and the
Town of Niagara-on-the-Lake.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-230
· R-96-60 - Chair, Environmental Planning & Greening Committee - Re: Actions
stemming from the Environmentel Planning & Greening Committee of October 16,
1996. The report recommends that Council receive the attached Report R-96-57
dealing with the ramoval of trees by the Canadian Pacific Railway.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
report be received and adopted. Canned Unanimously.
- 7 -
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that
the actions taken on the following matters by Corporate Services Committee, earlier
this evening be approved:
I. Adoption of the October 7, 1996 Corporate Services Committee minutes;
That the 1997 requests for funding from the Occupation Help Centre, the YVVCA,
Project Share and Niagara Women in Crisis be referred to final budget
deliberations;
F-96-45 - Municipal Accounts - that Council authorize payment of accounts
totalling $923,271.83 for the period ending October 28, 1996 - Aldermen Craitor
and Cummings indicated pecuniary interests;
F-96-46 - Tax Balances at September 30, 1996 - that tax balances at September
30, 1996 be received for information;
F-96-47 - Audit Committee- that the report be received for information; and that
Mr. David McCalmont be appointed as the Citizen representative of the Audit
Committee;
6. F-96-49 - Statement of Revenue and Expenditures - that the report be received
for information.
The motion Carded with Aldermen Craitor and Cummings abstaining from the vote on
Report F-96-45, on conflicts of interests previously noted and with all others voting in
favour.
See By-law No. 96-231
RA TIRCA TION OF COMMITTEE-OF- THE-WHOLE MATTERS
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that
the actions taken by Committee of the Whole, earlier this evening be approved:
That the City enter into an Option to Purchase agreement and give an
irrevocable option to 1049491 Ontario Inc. for the purchase price of $200,000.00
for land at the corner of Stanley and Swayze municipally known as Lets 1, 2 and
3, Plan 59R6850 for normal consideration;
That the personnel matter be resolved as set out in Schedule '~" to Report L-96- ·
62;
That the City Council reaffirm the present Ward System in Niagara Falls and that
the City Solicitor and all necessary staff be authorized to appear at the upcoming
Ontario Municipal Board Hearing scheduled for December 2, 1996 to oppose the
application for review of the present Ward system;
That Council supports a request by Niagara Regional Police to attach conditions
on renewals to liquor Iicences being sought in the Queen Street area to require
ownera to make provisions for additional policing which are satisfactory to the
Niagara Regional Police;
That the City of Niagara Falls accept the transfer of lands from Mr. Cosimo
DiLollo, representing Falls Masonry, regarding Pine Meadows Condominium and
that the City accept the property known as 5046 Drummond Road to be held as
security for the payment of development charges and to be returned to the owner
on payment of the appropriate development charges subject to the following:
.I
- 8 -
That the City Solicitor receive a valid Solicitors Certificate from Mr.
DiLollo in a form satisfactory to the Solicitor,'
That there be no mortgages, liens or encumbrances against the subject
lands;
c) That all Registry Office costs be paid by the developer,'
d) That the transfer of lands be given to the City within 7 days from this
evening's date (October 28, 1996).
The motion Carried with Alderman Ward abstaining from the vote on/tern #1 on a
conflict of interest because he has a business interest end Alderman Susin voting
contrary to the motion on Item #1; Aldermen Cummings and Susin voting contrary to
the motion on Item #,5; and Alderman Puttick voting contrary to the motion on Item
and with all others voting in favour.
L-96-63 - Chief Administrative Officer - Re: Establishment of a One Foot Reserve
as a Public Highway; Block 50 (Plan 59M-201, Canterbury Crescent. The report
recommends that a one foot reserve, described as Block 50 on registered Plan 59M-
201, be established as a public highway, to be known as and to form part of
Canterbury Crescent.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-224
L-96-64 - Chief Administrative Officer - Re: MTO Compensation Agreement with
the City; Parts f & 2 on Minisby Plan P-1915-237; QEW/Gallinger StraeL The report
recommends that the Mayor and Clerk be authorized to execute an Agreement as to
Compensation and Possession for land expropriated by the Ministry of Transportation.
ORDERED on the motion of Alderman Susin, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
See By-law No. 96-225
L-96-65 - Chief Administrative Officer- Re: Release of Agreement; Menechella
Brothere Limited; File No. 96STM160.211. The report recommends that Council
release Menechella Brothers Limited from an agreement registered on title to the
property, municipality known as 6732 Oakes Drive, and that the Mayor and Clerk be
authorized to execute any documents necessary for the purpose of~releasing the parties
and terminating the said agreement.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot,
that the report be received and adopted. Carded Unanimously.
See By-law No. 96-227
L-96-67- Chief Administrative Officer- Re: Public Tender; Rose Street; Parts f, 2
& 3 on Reference Plan 59R-9438. The report recommends that the closed portion of
the road allowance known as Rose Street, designated as parts 1, 2 and 3 on Reference
Plan 59R-9438, be offered for sale by public tender, with no reserve bid.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the report be received and adopted. The motion Carded with Aldermen Puttick and
· Volpatti abstaining from the vote on conflicts of interest previously noted; Aldermen
Janvary and Orr voting contrary to the motion and with all others voting in favour.
- 9 -
RESOLUTIONS
NO. 62 - VOLPATTI - JANVARY- WHEREAS the City of Niagara Falls recognizes the
importance of a strong and viable National Highway; THEREFORE BE IT RESOLVED
that the City of Niagara Falls supports ongoing efforts by the Canadian Automobile
Association in its urging of the Government of Canada to invest at least two cents of the
ten cents per litre Federal excise fuel tax to create a funding program for the National
Highway System.
AND the Seal of the Corporation be hereto affixed.
Carried UnanimousIV.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that leave be granted to introduce the following by-laws, and the by-laws be read a first
time:
96'224
A by-law to establish Block 50 on registered Plan No. 59M-201, as a
public highway to be known as and to form part of Canterbury Crescent.
(L-96-63)-
96-225
A by-law to authorize the execution by the Mayor and Clerk of an
Agreement to Compensation and Possession for Land Required by The
Minister of Transportation. (L-96-64)
96-226
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for the purpose of conveying Parts 1, 2 and 3 on Reference
Plan 59R-7327 to Vincenzo Lepiane, Fiorenza Lepiane and Josephine
Cardamone.
96-227
A by-law to authorize the execution of an Agreement with Menechella
Brothers Limited for the purpose of releasing Menechella Brothers Limited
from the terms and conditions of an agreement dated July 17, 1985.
96-228
A by-law to amend by-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking)
96-229
A by-law to amend by-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Through Highways)
96-230 A by-law to authorize the execution of an agreement for reciprocal fire ·
fighting services between the Town of Niagara-on-the-Lake and the
Corporation of the City of Niagara Falls.
96-231 A by-law to authorize monies for General Purposes (October 28, 1996).
The motion Carded with Alderman Craitor and Cummings abstaining from the vote on
By-law No. 96-231 on conflicts of interest previously noted and with all others voting in
fayour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the following by-laws be now read a second and third time:
96-224
A by-law to establish Block 50 on registered Plan No. 59M-201, as a
public highway to be known as and to form part of Canterbury Crescent.
(L-96-63)
10-
96-225
A by-law to authorize the execution by the Mayor and Clerk of an
Agreement to Compensation and Possession for Land Required by The
Minister of Transportation. (L-96-64)
96'226
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for the purpose of conveying Parts 1, 2 and 3 on Reference
Plan 59R-7327 to Vincenzo Lepiane, Fiorenza Lepiane and Josephine
Cardamone.
96'227
A by-law to authorize the execution of an Agreement with Menechel/a
Brothers Limited for the purpose of releasing Meneche/la Brothers Limited
from the terms and conditions of an agreement dated July 17, 1985.
96-228
A by-law to amend by-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking)
96-229
A by-law to amend by-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Through Highways)
96-230
A by-law to authorize the execution of an agreement for reciprocal fire
fighting services between the Town of Niagara-on-the-Lake and the
· Corpo~r.ation of the City of Niagara Falls.
96-231 A by-law to authorize monies for Genera/Purposes (October 28, 1996).
The motion .Carded with Alderman Craitor and Cummings abstaining from the vote on
By-law No. 95-231 on conflicts of interest previously noted and with all others voting in
favour,
NEW BUSINESS
Employee Recognition Niqht
Alderman Gary Hendershot reminded members of Council to obtain their
Employee Recognition Night tickets for November 2, 1996.
Defibrillator Prooram
Alderman Pat Cummings referred to the Stamford Centre Volunteer Firefighters
contributions towards the de~brillator program for firetrucks and emergency vehicles
and presented a cheque in the amount of $4,501.47 to Chief Cotfield as a top up
towards the de~brillator program.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
a letter of appreciation be forwarded to the Stamford Centre Volunteer Firefighters for
their contribution towards the defibrillator program. Carried Unanimously.
Congratulations
Alderman Norm Puttick congratulated His Worship Mayor Thomson on his 13th
Wedding Anniversary.
11 -
Compensation on Environmental Matters
Alderman Norm Puttick requested that staff investigate a Bill that is coming
before Provincial legislature that would wipe out the department dealing with
compensation on environmental matters.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
TWENTY-SEVENTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
November 4, 1996
Council met on Monday, November 4, 1996 at 4:30 p.m., in Committee of the
Whole. A~ members of Council, were presenL Alderman Fermino Susin presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
REGULAR COUNCIL MEETING
Council Chambers
November 4, 1996
Council met on Monday, November 4, 1996 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council, were present. Alderman
Selina Volpatti offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Fermino Susin requested that the Minutes of October 28, 1996 be
amended to reflect his opposition to the matter of the City entering into an Option to
Purchase Agreement to 1049491 Ontario Inc.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the Minutes of the Regular Meeting of October 28, f996 be adopted as amended.
Carried Unanimously/.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Craitor indicated a pecuniary interest on Report F-96-50, on Cheque
No. 224904; because he sits on the Board of Directors as a volunteer member.
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-96-
50, Cheque Nos. M91684 and 224860, because members of their family are employed
by the Region.
Alderman Cummings indicated a pecuniary interest on Report F-96-50, Cheque
No, 224832 because the recipient is Acres.
Alderman Pietrangelo indicated a pecuniary interest on Report F-96-50, Cheque
No. 224914, because he is the recipient with respect to conference expenses.
Alderman Ward indicated a pecuniary interest on Communication No. 239 and
By-law No. 96-232 because he is a shareholder in the company.
COMMUNICATIONS
Communication No. 235 - Ms. Emilia Hamade - Re: Stop Signs. The communication
requests that a set of stop signs be erected at the intersections of Pettit and Cropp
Streets to complete an All-Way or 4-Way stop.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the matter be referred to staff and the Parking and Traffic Committee..Carried
Unanimously.
Communication No. 236 - The Liquor Control Board of Ontario (LCBO) - Re: Open
retail outlets. The communication advises that the Liquor Control Board of Ontario and
Brewers Retail Inc. have been granted government approval to open retail outlets to the
public on December 8th, December 15th and December 22nd, 1996.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the communication be received and filed for the information of Council. Carried
Unanimously.
Communication No. 237 - City of Peterborough - Re: Resolution. The communication
requests Council endorse a resolution asking that the Provincial Govemment be
requested to name Highway 416 "The Veterans Parkway".
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the request be supported. Carried Unanimously.
Communication No. 238 - Mr. Henry Becker, Trojan Alarms - Re: Licencing of Alarm
Industry. The communication advised that since the Police Services Board would not
be licensing the alarm industry, that the repealing of the by-law would be satisfactory.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo,
that the communication be received and filed. Carried UnanimousIv.
Communication No. 239 - Public Notice of Proposed Sale of Surplus Land. The
communication provides notification of the proposed sale of surplus land.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the communication be received and filed for the information of Council. The motion
Carded with Alderman Ward abstaining from the vote on a conflict of interest previously
noted and with all others voting in favour.
REPORTS
MW-96-176 Chief Administrative Officer - Re: Tender 96-15, 1996/1997
Snowplowing of Parking Lots. The report recommends the following:
That Dominion Paving Company be awarded the contract for the supply of
services for snowplowing of parking lots designated in Area 1;
'2.
That Vanderweyden Landscaping be awarded the contract for the supply of
services for snowplowing of parking lots designated in Area 2;
3. That the by-law appearing on tonight's Council Agenda be given the necessary
readings to authorize the execution of the tender for the supply of services for
snowplowing of parking lots in Area f and Area 2.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously.
See By-law No, 96-233
- 3 -
R-96-54 - Chief Administrative Officer- Re: 1996 Arctic Symposium, Yellowknife,
NWT; Canadian Parks and Recreation Association (CPRA) Annual Conference
(August 6th to lOth). The report recommends that the report is to City Council for
Information.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and filed. Carried Unanimously.
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the actions taken on the following matters by Community Services Committee,
earlier this evening be approved:
1. Adoption of the October 7, 1996 Community Services Committee minutes;
MW-96-158 - Service Club Signing - to approve the installation of service club
signs in Chippawa with all construction and maintenance costs of these signs to
be borne by the Chippawa Lions Club, and that the City install the signs at its
expense;
MW-96-166 - Development Charges Indexing - that information on Development
Charges Indexing be received and filed;
MW-96-172- Chippawa Pollution Control Plan Consultant Appointment - that
CH2M Gore & Storrie be appointed to undertake the Chippawa Pollution control
Plan at a cost of $49,800.00 (GST included);
MW-96-175- Revised Building Division Fees - that Building division fees be
incorporated by 4% for Residential Permits and 8% for other permits effective
January 1,. 1997;
R-96-61 - Municipal Swimming Pool Renovations - to approve a tender from
Acapulco Pools in the amount of $147,996.00 for works at the Stamford
Volunteer Firefighters' and Prince Charles Pools;
7. Verbal Updates:
Portage Road Bridge - that a resolution be forwarded to the Federal Minister of
Transportation requesting CNR to conclude cost sharing negotiations with
Regional Niagara to a/low expeditious replacement of the Portage Road Bridge
over the CNR and that the Regional Clerk be so advised;
- Interim Casino Satellite Parking at Highway 420/Stanley/Kitchener - that the
information be received on the Interim Casino Satellite Parking at Highway
420/Stanley/Kitchener;
New Business: - Public Announcement - That Falls Avenue will be closed on
Tuesday, November 5, 1996 (subject to weather conditions) in order that the
crane can be removed.
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that
the actions taken on the following matters by Corporate Services Committee, earlier
this evening be approved:
- 4 -
Adoption of the minutes of the October 26, 1996 Corporate Services Committee
meeting;
Review of Recreation Commission 1997 Budget and Review of Arts & Culture
Commission 1997 Budget - that the 1997 budgets for the Recreation Commission
and Arts and Culture Commission be referred to final budget deliberations;
F-96-50 - Municipal Accounts - that Council authorize payment of accounts
totalling $1,676,667.25 for the period ending November 4, 1996;
F-96-51 - Purchasing Policy Revisions - that the report be received for
information;
5. HR-96-09 - Human Rights Board Rules to Extend Same Sex Benefits - that the
report be received for information - Alderman Puttick opposed.
The motion Carried with Aldermen Craitor, Cummings and Pietrangelo abstaining from
the vote on Report F-96-50, on conflicts of interest previously noted; Alderman Puttick
opposed to Report HR-96-09 and with all others voting in favour.
See Bv-law No. 96-241
RA TIFICA TION OF COMMITTEE-OF- THE. WHOLE MATTERS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the actions taken by Committee of the Whole, earlier this evening be approved:
To approve the sublease of the former EDA office, 4673 Ontario Street, Suite 201
to Envoy International for the remaining lease term.
Carried Unanimously.
RESOLUTIONS
NO. 63- VOLPATTI- ORR- RESOLVED that a letter of condolence be forwarded to
the family of the late Mary Farina, mother of Mary Ann Thompson, the City's Vital
Statistics and Licencing Clerk.
AND The Seal of the Corporation be hereto affixed. ~
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
leave be granted to introduce the following by-laws, and the by-laws be read-a first time:
96,232
A by-law to authorize the execution of an Option to Purchase from The
Corporation of the City of Niagara falls to 1049491 Ontario Inc, for Parts
1, 2 and 3 on Reference Plan No. 59R-6650.
96-233
A by-law to authorize the execution of an agreement with LaRosa & Carrie
Enterprises Ltd., carrying on business as Dominion Paving Company and
John van der Weyden operating business as Niagara .Commercial
Contracting for 1996/1997 snowplowing of parking lots,
96'234
A by-law to authorize the execution of an agreement with CH2M Gore &
Storie Limited respecting a proposal to undertake the Chippawa Pollution
Control Plan.
- 5 -
96-235
A by-law to amend By-law No. 94-42, as amended, being a by-law
respecting buildings and building permits.
96-236
A by-law to amend By-law 6661, 1964, as amended, with respect to signs
in the City of Niagara Falls.
96-237 A by-law to amend By-law 85-60, as amended, being the Sewer by-law.
96-238
A by-law to amend By-law 73-159, as amended, being the Swimming Pool
Fence by-law.
96-239
A by-law to amend By-law 94-248, being a by-law regulating storm water
run off from private property.
96'240
A by-law to authorize the execution of an agreement with Gall
Construction Limited, operating as Acapulco Pools respecting Mechanical
System Upgrades, Pool Liners and Automatic Chlorination Systems at
Michelson Park's and Prince Charles Park's Pools.
96-241 A by-law to authorize monies for General Purposes (November 4, 1996).
The motion Carried with Alderman Ward abstaining from the vote on By-law No. 96-232
on a conflict of interest previously noted; Aldermen err, Susin, Volpatti and Fisher
voting contrary to the motion on By-law No. 96-232; and Alderman Susin voting contrary
to the motion on By-law Nos. 96-235, 96-237 and 96-239; Aldermen Craitor, Cummings
and Pietrangelo abstaining from the vote on By-law No. 96-241 on conflicts of interest
previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the following by-laws be now read a second and third time:
96'232
A by-law to authorize the execution of an Option to Purchase from The
Corporation of the City of Niagara falls to 1049491 Ontario Inc. for Parts
1, 2 and 3 on Reference Plan No. 59R-6850.
96-233
A by-law to authorize the execution of an agreement with LaRosa & Carrie
Enterprises Ltd., carrying on business as Dominion Paving Company and
John van der Weyden operating business as Niagara Commercial
Contracting for 1996/1997 snowplowing of parking lots.
96-234
A by-law to authorize the execution of an agreement with CH2M Gore &
Storie Limited respecting a proposal to undertake the Chippawa Pollution
Control Plan.
96-235
A by-law to amend By-law No. 94-42, as amended, being a by-law
respecting buildings and building permits.
96-~36
A by-law to amend By-law 6661, 1964, as amended, with respect to signs
in the City of Niagara Falls.
96-237 A by-law to amend By-law 65-60, as amended, being the Sewer by-law.
96,238
A by-lawtoamend By-law73-15~ as amende~ beingthe Swimm~gPool
Fence by-~w.
96,239
A by-law to amend By-law 94-248, being a by-law regulating storm water
run off from private property.
- 6 -
96.240
A by-law to authorize the execution of an agreement with Gall
Construction Limited, operating as Acapulco Pools respecting Mechanical
System Upgrades, Pool Liners and Automatic Chlorination Systems at
Michelson Park's and Prince Charles Park's Pools.
96-241 A by-law to authorize monies for General Purposes (November 4, 1996).
The motion Carded with Alderman Ward abstaining from the vote on By-law No. 96-232
on a conflict of interest previously noted; Aldermen Orr, Susin, Volpatti and Fisher
voting contrary to the motion on By-law No. 96-232; and Alderman Susin voting contrary
to the motion on By-law Nos. 96-235, 96-237 and 96-239; Aldermen Craitor, Cummings
and Pietrangelo abstaining from the vote on By-law No. 96-241 on conflicts of interest
previously noted and with all others voting in favour.
NEW BUSINESS
Cancellation of November ff. 1996 Council meetinq
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings,
that the Council meeting of November 11, 1996 be cancelled. Carried Unanimously.
Esso Gas Station on Lundy's Lane/Drummond Road
Alderman Judy Orr referred to the new Esso gas station on Lundy's Lane and
Drummond Road and indicated that the project has been an asset to the community.
United Way/RCMP Ride
Alderman Kim Creitor referred to the United Way Luncheon that had been held
on Wednesday, October 30, 1996 where a cheque in the amount of $15,000 on behalf
of the RCMP Musical Ride was presented. Alderman Craitor thanked Mayor Thomson
and members of Council for their support and the use of the City's facilities.
ChiDDawa Newsletter
His Worship Mayor Thomson referred to a new Chippawa newsletter, the
Chippawa Times and congratulated the Publisher, Sylvia Somerville and the Editor, Ray
Somerville, for their community involvement.
Remembrance Day Services
Alderman Pat Cummings reminded members of Council and the community of
the Remembrance Day Services being held at the Niagara Falls Memorial Arena on
Monday, November 11, 1996 and invited everyone to attend.
His Worship Mayor Thomson commended The Royal Canadian Legion,
Chippawa, Branch 396 on the well aftended Remembrance Day Services held this past
weekend.
- 7 -
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the meeting be adjourned. Carried Unanimously..
READ ANDADOPTED,
TWENTY-EIGHTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
November 18, 1996
Council met on Monday, November 18, 1996 at 6:45 p.m., in Committee of the
Whole. All members of Council, with the exception of Alderman Cummings, who was
away on vacation; and Alderman Susin, who was away due to illness, were present.
Alderman Judy Orr presided as Chairman.
Following consideration of the items presented, the Committee of the Whole did
not rise to report in open session.
READ AND ADOPTED,
REGULAR COUNCIL MEETING
Council Chambers
November 18, 1996
Council met on Monday, November 18, 1996 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council, with the exception of
Alderman Cummings, who was away on vacation; and Alderman Susin, who was away
due to illness, were presenL Alderman Victor Pietrangelo offered the Opening Prayer.
ADOPRON OF MINUTES
Alderman Selina Volpatti and Alderman Shirley Fisher requested that the Minutes
of November 4, 1996 be amended to reflect their opposition to By-law No. 96-232.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
Minutes of the Regular Meeting of November 4, 1996 be adopted as amended. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Craitor indicated a pecuniary interest on Report F-96-53, Cheque No.
225237, because he serves on the Board of Directors of the Niagara Falls Minor Hockey
League and Cheque No. M91688, because a member of his family is employed by the
Region; and indicated a pecuniary interest on Report CA0-96-07, because a member
of his family is employed by the Ontario Casino Corporation.
- 2-
Alderman Orr indicated a pecuniary interest on Report CA0-96-07, because she
is employed by Casino Niagara.
Alderman Ward indicated a pecuniary interest on Report CA0-96-07, because he
has a business interest.
PRESENTATIONS
Niagara Falls Business Showcase Award
Mr..George Waters, Chairman, Business Development Advisory Committee
provided highlights of the accomplishments of the Zappitelli, Sanitini and Varalli families
of the Sheraton Fallsview Hotel & Convention Centre and of their contribution to the
economic growth and development of the City of Niagara Falls. His Worship Mayor
Thomson congratulated and presented the Niagara Falls Business Showcase Award
tb the Sheraton Fallsview Hotel & Convention Centre in recognition of the contributions
to the economic growth and development of the City of Niagara Falls.
Audit Committee
His Worship Mayor Thomson welcomed Mr. David McCalmont, who has served
as a Citizen representative of the Corporation's Audit Committee for the past eleven
years, and presented a token of appreciation for his generous community service.
DEPUTATIONS
Wheel World Car Exhibition
Mr. Jim McBumey provided information on the "Wheel World II1" Car Exhibition
which was being held from November 22nd to 24th, 1996 at the SkyIon Tower and
thanked Mayor Thomson and members of Council for their support.
COMMUNICATIONS
Communication No. 240 - Ontario Human Rights Commission - Re: Proclamation.
The communication requests Council proclaim the week of December 9 - 15, 1996 as
Human Rights Week and that December 10, 1996 be proclaimed as "International
Human Rights Day"
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary,
that the request be supported. Carfled Unanimously.
Communication No. 241 - The Regional Municipality of Durham - Re: Generating
Revenue to Offset Operating and Maintenance Costs of Transit Services. The
.communication asks Council support a resolution requesting the Province of. Ontario to
dedicate a portion of fuel taxes to offset the costs of operating municipal and other
transit setvices across the Province.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot , that
the request be supported. Carfled Unanimously.
Communication No. 242 - Zoocheck Canada Inc. and Canadian Federation of
Humane Soofatles - Re: Suitability of Facilities at Marineland. The communication
expresses concerns regarding the suitability of facilities at Marineland and concems
over possible exports and imports of omas and bottlenose dolphins.
- 3 -
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
communication be received and filed. Carried Unanimously.
Communication No. 243 - Winter Festival of Lights - Re: Fireworks Displays. The
communication requests Council approval to hold fireworks displays in Queen Victoria
Park, on the following days: Saturday, November 23, 1996 at 5:25 p.m. and 6:00 p.m.;
Friday, November 29, 1996 at 10:00 p.m.; Friday, December 7, 1996 at 8:00 p.m.;
Friday, December 13, 1996 at 10:00 p.m.; Tuesday, December 31, 1996 at 9:15 p.m.
and midnight.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the request be approved. Carried Unanimously.
Communication No. 244 - Stagefx Special Effects Inc. on behalf of the SkyIon
Tower. The communication requests Council approval to hold a fireworks Display at
the Skyion Tower for New Years Eve, 1996.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the request be approved. Carried Unanimously.
REPORTS
MW-96-180 - Chief Administrative Officer - Tender #17-96 New Equipment
Purchase. The report recommends that the tender for one (I) 15,000 G.V.W single
axle dump truck be awarded to the low bidder, Brock Ford Motors, Niagara Falls,
Ontario for a total price of $32,823.30.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously..
MW-96-179 - Chief Administrative Officer - Building & Inspections Report for the
month of October. The report recommends that this report be received and filed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that
the report be received and filed. Carried Unanimously._
R-96-63 - Chair, Civic Committee - Santa Claus Parade and Santa Party. The report
recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Jan vary, seconded by Alderman Pietrangelo, that
the report be received and filed for the information of Council. Carried Unanimously.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that
the actions taken on the following matters by Corporate Services Committee, earlier this
evening be approved:
Adoption of the Minutes of the November 4, 1996 Corporate Services Committee
meeting;
1997 Funding Requests - that the 1997 budgets for the Humane Society, Pubtic
Library, Board of Museums, Visitor and Convention Bureau, Niagara Transit and
Niagara Chair-A-Van be referred to final budget deliberations;
.3.
That an across-the-board fare increase of ten (10) cents be approved effective
January 1, 1997 for Niagara Transit and Niagara Chair-A-Van - Aldermen Orr and
Puttick Opposed;
F-96-53 - Municipal Accounts - that Council authorize payment of municipal
.accounts totalling $2,187,051,47 for the period ending November 18, 1996 -
Alderman Craitor indicated a pecuniary interest;
- 4-
R-96-62 - Proposed Rental Rates for Special Events and Conferences and
Conventions for City Arenas - that Council authorize a charge in arenas for
conferences and conventions, regardless of the number of delegates, and that
the rental increase for special events, conferences and convention (detailed in
Appendix A on Report R-96-62) be appreved, effective January 1, 1997;
6. R-96-64 - Repairs, Lions Rink be deferred pending further information;
7. F-96-54 - 1996 Budget/Forecast Update - that the report be received for
information.
The following conflicts of interest and oppositions were indicated in Corporate Services
Committee.
Alderman Creitor indicated a pecuniary interest on Report F-96-53, Cheque No. 225237
because he serves on the Board of Directors of the N.F. Minor Hockey League and
Cheque No. M91688 because a member of his family is employed by the recipient.
Aldermen Orr and Puttick were opposed to the across-the-board fare increase of ten
cents.
Alderman Ward declared an indirect pecuniary interest within the meaning of the
Municipal Conflict of Interest Act being that he has an interest in a Corporation that has
a contract with the Casino Corporation for which the Transit Authority attempted to
obtain such a contract and may do so in the future and, on that basis, he will not be
taking part in the discussions regarding Niagara Transit.
Carried.
See By-law No. 96-250
PD.96-104 - Chief Administrative Officer - Niagara Escarpment Plan; Amendment
PC/113/96; Heritage Poficies for Second Dwellings. The report recommends that
Council inform the Regional Municipality of Niagara that it has no objections to the
subject amendment.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Rsher, that the
report be received and adopted. Carried Unanimously.
PD-96-108 - Chief Administrative Officer - Cytec Peer Review Study, Public
Consultation Meeting.. The report recommends that Council receive and file this
report.
ORDERED on the motion of Alderman Henderehot, seconded by Alderman Fisher, that
the report be received and tiled. Carried Unanimously.
PD-96-109 - Chief Administrative Officer- Application for Site Plan Approval; SPC-
19/96, Cardinal Auto Sale; 7818 Oakwood Drive. The report recommends the
following:
1. That Council approve the site plan for a proposed used car lot at 7818 Oakwood
Drive;
2. That Council approve the amending By-law 80-114 for the establishment of a Fire
Access Route on the subject lands.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that
the report be received and adopted. Carried Unanimously.
- 5 -
PD-96-110 - Chief Administrative Officer - Request for Extension to Draft Plan
Approval; Mewburn Heights, 26T-93008 (Revised). The Report recommends the
following:
That a Council resolution supporting a one-year extension to draft plan approval
for the Mewbum Heights Plan of Subdivision be adopted conditional on the
applicant updating and maintaining the appropriate subdivision sign on the
property that complied with Municipal and Regional requirements;
2. That a copy of this report and the Council resolution be forwarded to the
applicant and the Regional.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted, Carried Unanimous/V,
See Resolution No. 66
PD-96-111 - Chief Administrative Officer - Request for Extension to Draft Plan
Approval; Walker Heights, 26T-94007 (Revised). The report recommends the
following:
1. That a Council resolution supporting a one-year extension to draft plan approval
for the Walker Heights Plan of Subdivision be adopted conditional on the
applicant maintaining the appropriate subdivision sign on the property that
complies with Municipal and Regional requirements;
2. That a copy of this report and the Council resolution be forwarded to the
applicant and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 67
PD-96-112 - Chief Administrative Officer - Proposed Pine Meadows Plan of
Condominium Subdivision; Falls Masonry Limited, Regional File 26CD-96014. The
report recommends that the Pine Meadows Plan of Condominium Subdivision be
appreved subject to the conditions detailed in this report, and the Regional Municipality
of Niagara be so advised.
ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
CA0-98-07- Chief Administrative Officer- Casino Niagara Liquor Store, Ontario
Wines. The report recommends that the information in this report be received by
Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Campbell,
that the report be received and tiled for information and that Counc~ has no objection
to the liquor store featuring Ontario wines at the casino during hours that are compatible
with the casino hours of operation. The motion Carried with Aldermen Craitor, Orr and
Ward abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
CD-96-50 - Chief Administrative Officer- Special Occasion Permit; Regency
Hockey Club. The report recommends that Council indicate it has no objection to the
issuance of a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
- 6 -
L-96-68 - Chief Administrative Officer- Lions Club Sublease; 5027 Drummond
Road. The report recommends to authorize the execution of the sublease agreement
between Lions Club of Niagara Falls, (Ontario) Canada, The Regional Municipality of
Niagara and the City for the premises known as Dr. Fingland Day Care Centre.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-245
L-96-69 - Chief Administrative Officer - Release of Agreements; Meneche~a
Brothers Limited. The report recommends that Council release Menechella Brothers
Limited from agreements registered on title to the property, municipally known as 6732
Oakes Drive, and that the Mayor and Clerk be authorized to execute any documents
necessary for the purpose of releasing the parties and terminating the said agreement.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-248
RESOLUTIONS
NO. 64 - HENDERSHOT - FISHER - RESOLVED THAT a letter of condolence be
forwarded to Mary Ann Thompson, the City's Vital Statistics and Licencing Clerk on the
recent loss of her brother, Fred Farina.
AND The Seal of the Corporation be hereto affixed.
Carried UnanimouslY.
NO. 65 - VOLPATTI - PIETRANGELO - RESOLVED THAT a letter of condolence be
forwarded to the family of the late Sante Giacobetti, father of Anthony Giacobetti, Parks
Supervisor, with the City's Parks, Recreation and Culture Department.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 66 - VOLPATTI - HENDERSHOT - RESOLVED that the Council of the Corporation
of the City of Niagara Fails hereby supports a one-year extension for the Mewbum
Heights Plan of Subdivision and that the Regional Municipality of Niagara be so
informed; conditional upon the applicant updating and maintaining the appropriate
subdivision sign on the property which complies with ~Municipal and Regional
requirements.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousiv.
NO. 67 - VOLPATTI - HENDERSHOT - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby supports a one-year extension for the Walker
Heights Plan of Subdivision and that the Regional Municipality of Niagara be so
informed; conditional upon the applicant maintaining the appropriate subdivision sign
on the property that complies with Municipal and Regional requirements.
AND the Seal of ~e Corporation be hereto affixed.
-', Carried Unanimously,
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
98-242 A by-law to amend By-law No, 395, f966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended and By-law No,
79-200, as amended.
- 7
96-243
A by-law to designate the property at 1121 Sodom Road, known as the
Willoughby Township Hall, to be of historic and architectural value and
interest.
96-244
A by-law to authorize the execution of an Subdivision Agreement with
Grossi Homes Limited respecting the Grossi Court Subdivision.
96-245
96-246
A by-law to authorize the execution of a sub/ease with Lions Club of
Niagara Falls (Ontario) Canada and The Regional Municipality of Niagara..
A by-law to authorize the Transfer of Easement to Canadian Niagara
Power Company Limited for the purpose of preserving, protecting and
maintaining its transmission and distribution lines over Part 1 on
Reference Plan No. 59R-9675. (Report L-96-47, August ~2/96)
96-247
A by-law to authorize staff to offer to the abutting owners, at the appraised
value of $9.0O per square foot, that part of Dixon Street as laid out on the
Falls Company Plan, now known as Plan No. 1, and designated as Parts
4 to 18, inclusive, on Reference Plan No. 59R-9137.
96-248
96-249
96-250
96-251
A by-law to authorize the execution of agreements with Menechella
Brothers Limited for the purpose of releasing Menechella Brothers Limited
from the terms and conditions of an agreement dated June 9, 1969 and
an agreement dated December 15, 1980.
A by-law to amend By-law No. 96-219. (By-law No. 96-219, Development
Charges)
A by-law to authorize monies for General Purposes (November 18, 1996).
A by-law to authorize an agreement with PCB Disposal Inc. to provide for
waste preparation, transportation and disposal services.
The motion Carried with Alderman Craitor abstaining from the vote on By-law No.
96-250 on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Orr, seconded by Alderman Pietrangelo, that the
following by-laws be now read a second and third time:
96-242
A by-law to amend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended and By-law No.
79-200, as amended.
~ 96-243
A by-law to designate the property at 1121 Sodom Road, known as the
Willoughby Township Hall, to be of historic and architectural value and
interest.
96-244
A by-law to authorize the execution of an Subdivision Agreement with
Grossi Homes Limited respecting the Grossi Court Subdivision.
96-245
A by-law to authorize the execution of a sublease with Lions Club of
Niagara Falls (Ontario) Canada and The Regional Municipality of Niagara..
96-246
A by-law to authorize the Transfer of Easement to Canadian Niagara
Power Company Limited for the purpose of preserving, protecting and
maintaining its transmission and distribution lines over Part I on
Reference I~lan No. 59R-9675. (Report L-96-47, August 12/96)
96-247
96-248
- 8 -
A by-law to authorize staff to offer to the abutting owners, at the appraised
value of $9.00 per square foot, that part of Dixon Street as laid out on the
Falls Company Plan, now known as Plan No. l, and designated as Parts
4 to f8, inclusive, on Reference Plan No. 59R-9~37.
A by-law to authorize the execution of agreements with Menechella
Brothers Limited for the purpose of releasing Menechella Brothers Limited
from the terms and conditions of an agreement dated June 9, 1969 and
an agreement dated December fS, ~980.
96-249 A by-law to amend By-law No. 96-219. (By-law No. 96-219, Development
Charges)
96-250 A by-law to authorize monies for General Purposes (November ~ 8, ~ 996).
96-251 A by-law to authorize an agreement with PCB Disposal Inc. to provide for
waste preparation, transportation and disposal sen/ices.
The motion Carfled with Alderman Craitor abstaining from the vote on By-law No·
96-250 on conflicts of interest previously noted and with all others voting in fayour.
NEW BUSINESS
Get Weft Message
Alderman Gary Henderehot requested that a get well message and best wishes
on behalf of City Council be forwarded to Mr. W.E. Dewar, who had been an active
member in the Scouts, the Library Board and the United Way in the City of Niagara
Falls·
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that
a get well message and best wishes be forwarded to Mr. W.E. Dewar on behalf of City
Council. CatTied Unanimously.
Local Governance
His Worship Mayor Thomson referred to correspondence received from The
Mayors of Metropolitan Toronto regarding concems that the Provincial Government
may create one big govemment in Metorpolitan Toronto (megacity) by abolishing the
six (6) municipalities and the existing regional govemment which would pose a serious
threat to the heritage of local government in Ontario. The communication indicates the
need to put forward a proposal and requests that Council support their position.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the
Corporation of the City of Niagara Falls supports the position of the Mayors of
Metropolitan Toronto. Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by A!derman Campbell,
'that the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
- 9
TWENTY-NINTH MEETING
PLANNING MEETING.
Council Chambers
November 25, 1996
Counc~ met on Monday, November 25, 1996 at 7:00 p.m. for the purpose of
considering Planning and Regular Business Matters. All members of Council, with the
exception of Alderman Cummings, who was away on vacation, were present. Alderman
Paisley Janvary offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Orr requested that the Minutes of the Regular meeting of November
18, 1996 be amended to indicate that she is employed by Casino Niagara.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craftor, that
the Minutes of the Regular Meeting of November 18, 1996 be adopted as amended.
Carried Unanimously,
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Susin indicated pecuniary interests on Report F-96-53, from the
meeting of November 18, 1996, on Cheque Nos. 225222 and 225062 and on By-law
No. 96-250, because members of his family are volunteer firefighters; and on Cheque
No. 225268 because he has a business relationship with the recipient. Alderman Susin
also indicated a pecuniary interest on By-law No. 96-255 because he holds the
mortgage on the property near John Street and River Road; indicated a pecuniary
interest on Report F-96-I0, because members of his family are volunteer firefighters;
and on Report R-96-68 because he owns a number of plots in the Cemetery.
Alderman Craitor indicated a pecuniary interest on Report F~96-56, Cheque No.
225469 because the recipient is his employer.
Alderman Ward indicated a pecuniary interest on Report F-96-56, Cheque No.
225362 because he has a business interest.
WELCOME
His Worship Mayor Thomson introduced and presented a token of appreciation
to Manish Chadda, an A.N. Myer student and winner of a contest in conjunction with
the Optimist Club's Youth Appreciation Week to be Mayor for a Day.
White Ribbon Campaign (Men Working to End Men's Violence A~ainst Women)
His Worship Mayor Thomson and male members of Council participated in
signing a poster which mad "These Men Want to Put an End to Violence Against
Women" to demonstrate their commitment to end men's violence.
- 2-
Following the signing ceremony, it was ORDERED on the motion of Alderman
Campbell, seconded by Alderman Craitor, that November 29, 1996 be proclaimed as
"White Ribbon Day" in Niagara Falls.
CURRENT PLANNING MATTERS
Cancellation of Public MeetinR
His Worship Mayor Thomson advised that the public meeting to amend Zoning
By-law 79-200, for the property known as 2722 St. Paul Avenue and a vacant parcel of
land adjoining it to the south, which was scheduled for this evening, had been
withdrawn by the applicant. Should another application be received, further notice
would be given as required by the Planning Act.
PD-96-116 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-9/96, 1162747 Ontario Limited c/o Vincent Anthony Kerrio; North
side of Forest Glen Drive opposite Glenoaks Avenue. The report recommends the
following:
1. That Council approve the application to permit a 23-unit townhouse project to be
developed on the lands;
That the applicant and the Condominium Corporation of the Mansions of Forest
Glen continue discussions about a possible realignment of the property line
between the two properties with the principle objective of accommodating an
acceptable sideyard and/or a maintenance easement in favour of the
Condominium Corporation around their existing recreational facility;
That a by-law be prepared to regulate the development in accordance with the
specific details outlined in this report.
- AND -
Correspondence from Mr. Dante F. Marine/it; Correspondence from 18 residents in the
area,' Correspondence from Dr. G.L. Hadley; Correspondence from Mr. & Mrs. R.
MacLeod; Correspondence from Douglas & Maureen Kane; Correspondence from Mr.
John K. Shut,e; Correspondence from Francis J. Matthews; Correspondence from
Sylvana Louras & Irene Louras; Correspondence from T. P. & Ruth McEIhanney;
Correspondence from Ray & Joyce Matthews; Correspondence from Emie Malouin;
Correspondence from James P. DiBellonia; Correspondence from Angelo D'Onofrio;
Correspondence from Frank Areadie; Correspondence from A.E. Sheppard
His Worship Mayor Thomson received indication that Mr. Dante Marinelit, Solicitor
on behalf of the applicant and Mr. Boyce on behalf of the Condominium Corporation
were in attendance.
Mr. Dante Marinelit, advised that serious efforts would be made to attempt to
address the concerns of the residents in ~e area and requested that the matter be
adjourned to the January, 1997 Planning Meeting.
ORDERED on the motion of Alderman Henderehot, seconded by Alderman Fisher, that
the meeting be adjourned to the January, 1997 Planning meeting. Carried
Unanimously.
PD-96-114 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-23/96; Brian Sinclair, Q.C., 2684 Mewburn Road. The report
recommends the following:
That Council approve the revised application to permit a 25-unit townhouse
development on a 2.0 acre parcel of land located on the east side of Mewburn
Road, south of Mountain Road;
That Council approve the zone change from DH to a modified R4 that will include
amendments to the regulations as detailed in report PD-96-114.
- AND -
Communication No. 245 - Donald & Nancy Paul, 2689 Olden Avenue. The
communication requests that appropriate measure be taken by the developer to guard
against contamination and/or damage during construction and that the grade of the land
will not be changed from the existing one; the communication further expresses
concerns with respect to buffering and/or privacy provisions for the separation of the
proposed multiple residential land use and single family zoned land.
Communication No. 246 Marguerite Fisher, 2681 Olden Avenue. The
communication expresses concerns with respect to buffering and/or privacy provisions
for the separation of the proposed multiple residential land us and single family zoned
land.
His Worship Mayor Thomson declared the Pubtic Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Pubtic Meeting had been given in
accordance with Regulations by mailing on November 4, 3996.
His Worship Mayor Thomson received indication that Mr. Brian Sinclair, Solicitor
was in attendance on behalf of the applicant and received a positive response to his
request for a show of hands by persons present who were interested in the application.
He requested that all persons wishing to receive further notice of the passage of the by-
law submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information included in Technical
Report No. PD-96-106; Nature of the Amendment; Official Plan and Surrounding Land
:Use; Zoning; Engineering considerations,' Site Plan Control; and the Public Notification
Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of or opposed to the
application.
Ml: Brian Sinclair advised that he was in agreement with the Technical Report
which had been reviewed; discussed the low density site; and advised that the
developer would work with the neighbouts regarding their concerns of fencing and
buffsling in ~e area.
The Director of Planning and Development responded to concams regarding
development charges and fencing and advised that normal development charges would
be payable and through the site plan process the issue of proper type of fencing would
be addressed and stipulated.
- 4 -
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-23/96 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Vo/patti, that
the report be received and adopted and that the local residents be involved in the site
p/an process. Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that
the correspondence be received and filed. Carried Unanimously.
PD-96-115- Chief Administrative Officer- Re: Proposed Kingsbridge Village Plan
of Condominium Subdivision; Victoria Meadows Townhomes Inc., Regional File
26CD.96106. The report recommends that the Kingsbridge Village Plan of
Condominium Subdivision be appreved subject to the conditions detailed in this report,
and the Regional Municipality of Niagara be so advised.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the
report be received end adopted. Carried Unanimously.
UNFINISHED BUSINESS
Smoke Free Areas By-law
Report from Alderman Norm Puttick, Chair of the Smoke-Free Committee.
report recommends that By-law No. 87-143 be amended as follows:
That Indoor sports and athletic facilities be 100% smoke-free;
The
That Funeral homes be 100% smoke-free. All Niagara Falls funeral homes
agree;
That common and public areas of apartment and office buildings be 100%
smoke-free;
That the area of bowling centres used by the public (not the actual lanes) remain
50% smoke-free during regular bowling, but be 100% smoke-free during youth
bowling league hours. The owners of Cataract Lanes are in agreement with this
proposal; ~
That bingo halls be at least 20% smoke-free provided there is adequate
ventilation and air exchange systems. Bingo hall owners agree with this
recommendation;
That taxi cabs be I00% smoke-free;
That restaurants be 60% smoke-free.
- AND -
Communication No. 247 - Mr. John Brodertck, Brode~ck, Marinelit, Amadio,
Hopkins & Kirkham. The communication acknowledges and responds to the
correspondence from the Regional Medical Officer of Health, Dr. R. ~. Willtams, with
respect to ~e City of Niagara Falls Smoking By-law No. 87-143 and.the 1996 proposed
amendmenL
The Chair of the Smoke-Free Committee introduced Dr. Robin Willtams, Regional
Medical Officer of Health, who referred to a report prepared by the Chief Medical Officer
of Health entitled "Tobacco, Sounding ~e Alarm"; reviewed statistical information on
lung cancer related deaths and of the smoking trends in youth age groups.
Dr. t4~lliams discussed the role of individuals, and the Federal, Provincial and
Municipal levels of government in the implementation of strategies to reduce tobacco
use; and referred to the Ontario Medical Association's Second Hand Smoke and Indoor
Air Quality Statement.
Mr. David Hagerty, Greater Niagara Restaurant Association, Niagara Falls
stated that the Food and Beverage Service Industry is a customer driven industry and
that the issue of smoking in restaurants should be dictated by the customer; he also
advised the industry would be supportive of an educational approach to the resolution
of anything that can be done to counter the devastating effects of smoking.
Shirley Cronkwright, Mom's Restaurant (Asbury Hotel) advised that 95% of
her customers are smokers, with only 30 seats in her establishment and that the
passing of the by-law would deprive her of her livelihood.
Dr. Robin Willtams responded that there a number of by-laws which include
provisions that if there are economic hardships, that there are exemptions to deal with
the issue and if Council so directed, the issue of small restaurant establishments could
be investigated.
Ken Welsh, Niagara Falls Taxi Cabs requested that Council exempt taxicabs
from the proposed by-law; stated that the taxi cab operators had the situation in hand
and stated that signs indicating "smoking is prohibited in this taxi, unless permitted by
mutual consent of all passengers and the driver" were being placed in taxicabs.
Joe Loncar, M & J Bar & Grill expressed concerns with respect to small
business establishments and the proposed amendments to the smoking by-law in
restaurants.
Ann Yourig, Baker's Dozen Donuts requested that Council consider small
businesses in their decision with respect to the proposed amendments.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ward, that the
following recommendations be appreved: That Indoor. sports and athletic facilities be
100% smoke-free,' That Funeral homes be 100% smoke-free. All Niagara Falls funeral
homes agree; That common and public areas of apartment and office buildings be
fO0% smoke-free; That the area of bowling centres used by the public (not the actual
lanes) remain 50% smoke-free during regular bowling, but be 100% smoke-free during
youth bowling league hours. The owners of Cataract Lanes are in agreement with this
proposal; That bingo halls be at least 20% smoke-free provided there is adequate
ventilation and air exchange systems. Bingo hall owners agree with this
recommendation. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Pierrange/o, to refer the matter of taxicabs and restaurants to
the smoke free areas committee with the appointment of a new Chair. The motion
Carried. with Aldermen Orr, Volpatti and Ward voting contrary to the motion and with all
others voting in favour.
COMMUNICATIONS,
Communication No, 248 - Chippawa Business Improvement Area Association - Re:
Chippaws Business Improvement Area Association. The communication advises that
the following individuals were elected to the Chippaws Business Improvement Area
Association: Doug Embleton; Norman Fortin; Dave Barnes; Marie Middlemiss and Sylvia
Somerville; and requesting the appointment of two members of Council to the Board
of Management of the Chippaws Business Improvement Area Association.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ward, that the
appointments of the Executive be ratified. Catfled Unanimously.
- 6 -
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
Alderman Shirley Fisher and Alderman Bruce Ward be appointed as Council
representatives to the Board of Management of the Chippawa Business Improvement
Area Association. Carried Unanimously.
See Bv-law No. 96-257
Communication No. 249 - Brenda Chamberlain, M.P., Guelph-Wellington - Re:
Private Members Bill C-302 of an official pledge of allegiance to the flag of Canada.
The communication requests Council support Bill C-302, establishing an official pledge
of allegiance to the flag of Canada.
ORDERED on the motion of Alderman Susin, seconded by Alderman Campbell, that the
request be supported. Carried Unanimously.
REPORTS
CS-96-05 - Chief Administretive Officer - City of Niagara Falls People Mover Study
Phase 2. The report recommends the following:
1. That Council approve the attached Terms of Reference for Phase 2 of the
Niagara Falls People Mover Study;
2. That Council approve an amount of $27,500 as the City's share of the total cost
of the Study.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the report be received and adopted. Ca~ed Unanimously.
RA TIRCATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of AIderman Hendershot, seconded by AIderman Fisher, that
the actions taken on the following matters by Community Services Committee, earlier
this evening be approved:
1. Adoption of the Minutes of November 4, 1996 Community Services Committee
meeting;
MW-96-182 - Casino Satellite Parking Lot on Kitchener Street (West of Stanley) -
that Kitcharier Street not be closed between Stanley Avenue and Portage Road
to accommodate the Casino Satellite Parking Lot, but that the area be closely
monitored over the winter months, and that OCC pursue the preferred North
Street connection alternative;
MW-96-178 - Conditional Permits - that the Mayor and Clerk be authurized to
sign and seal Conditional Permit Agreements upon review and acceptance by the
Chief Building Official, of any such Agreement entered into in accordance with
the provision of ~e Building Code Act, 1992, as amended, without further prior
authotYzation of Council.
MW-96-183 - Reduction in 1997 Sewer Program - that the 1997 Sewer Program
be reduced by $1.5 million; and ~at a commitment be made to m-establish the
#2 million annual sewer program in 1998 (i.e. approximately $2. million annually)
- Opposed: Aldermen Puttick, Orr, Janvary and Fisher;
Parking Around City Hall for City staff and City vehicles - that information be
received on parking around City Hall for staff and City vehicles;
FD-96.fO - Fire Fighters Uniforms - that the purchase of uniform clothing for the
Fire Service at a total cost of $24,753.75 be approved, with monies having been
set aside in the fire budget - Conflict - Alderman Susin;
- 7
7. New Business:
That staff report on road damage related to hauling of rock from Mentress
Road/McLeod Road/Kinsmen Court,
The motion Carried with Aldermen Puttick, Orr, Janvary, Fisher voting contrary to
Report MW-96-183; and Alderman Susin abstaining from the vote on Report FD-96-10
on a conflict of interest previously noted and with all others voting in favour.
RA TIFICA TION OF CORPORA TE SERVICES ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that
the actions taken on the following matters by Corporate Services Committee, earlier this
evening be approved:
1. Adoption of the minutes of the November 18, 1996 Corporate Services meeting;
F-96-55 - 1997 Water and Sewer Service Rate Increases- that Report F-96-55
be deferred;
F-96-56 - Municipal Accounts - that payment of municipal accounts totalling
$442,879.19 for the period ending November 25, 1996 be approved;
R-96-66 - Revised Policy for Leadership Training Grant and the Recreation
Commission Tent Rental - that Council endorse the Revised Poticy for the
Leadership Training Grant and the Recreation Commission Tent Rental;
R-96-67 - Proposed Admission Fee Increases for Ice Skating and Recreational
Sw.~mming, Meeting Room and Floor Rental Rates - that various admission fees
for recreational ice skating and swimming be increased; and that a rental fee be
assessed for groups who only book the Blue Line Room; that the rental rate for
use of the Blue Line Room, used by both non-preffi groups serving alcohol and
for commercial use, be increased by 10%; and that the floor rental rate for both
residents and non-residents be increased by 10%. - Aldermen Craiter, Orr and
Pietrangelo opposed;
R-96-68 - Proposed Cemetery Charge Increases - Lot Sales and Burials - that
the cemetery charges be increased/decreased as follows.'
interment rights charges (lots) be increased by 25%
interment charges (bu~Yals) be increased by 10%
interment surcharges be based on actual costs
disinterment charges be based on actual costs.
R-96-65 - User Fees for Sports Fields - that Report R-96-65 - Users Fees for
Sports Fields be received and filed and that City staff meet with the sports
groups throughout the next year in order to reach a consensus with respect to
Users Fees.
Alderman Susin indicated a pecuniary interest on Report F-96-53, dated
November 18, 1996, Cheque No. 225222 and 225062 as members of his family are with
the Willoughby Fire Department and Cheque No. 225268 as he has a business
relationship with ~e recipient. Alderman Susin also declared a conflict of interest on
Report R-96-88 as he owns a number of plots in the Cemetery.
Alderman Ward indicated a pecuniary interest on Report F-96-56, dated
November 25, 1996, Cheque No. 225362 as he has a business intereeL
-8-
Alderman Craitor indicated a pecuniary interest on Report F-96-56, dated
November 25, 1996, Cheque No, 225469 as the recipient is his employer.
L-96-71 - Chief Administrative Officer - Re: Establishment of One Foot Reserve as
a Pubtic Highway; Block 181 Plan 59M-183, Matthews Drive. The report
recommends that a one foot reserve, described as Block 181 on Registered Plan 59M-
183, be estab~shed as a pubtic highway, to be known as and to form part of Matthews
Drive.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that
the report be received and adopted. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
'leave be granted to introduce the following by-laws and the by-laws be read a first time:
96-252 A by-law to establish Block 181 on Registered plan No. 59M-183 as a
public highway to be known as and to form part of Matthews Drive.
96-253 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Part XI Application, Administration and
Enfomement)
96-254 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Prohibited Turns, Stop Signs).
96-255 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking)
96-256 A by-law to provide monies for General Purposes (November 25 1996).
96-257 A by-law to provide for Appointments to certain Boards, Commissions and
Committees (To appoint members of the Executive to the Board of
Management of the Chippawa Business Improvement Area Association;
and that Alderman Shirley Fisher and Alderman Bruce Ward be appointed
as City representatives to the Board of Management of the Chippawa
Business Improvement Area Association)
96-258 A by-law to amend By-law No, 87-143, being a By-law respecting smoke.
The motion Canfed with Alderman Susin abstaining from the vote on By-law No. 96-255
and Aldermen Craitor and Ward abstaining from the vote on By-law No. 96-256 on
conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the following by-laws be now read a second and third time:
96-252 A by-law to establish Block 181 on Registered plan No. 59M-183 as a
public highway to be known as and to form part of Matthews Drive.
96-253 A by-law to amend By-law No. 892000, being a by-law to regulate parking
and traffic on City Roads (Part XI Application, Administration and
Enforcement)
A by-law to amend By-law No. 89-2000, being a by-taw to regulate parking
and traffic on City Roads (Prohibited Turns, Stop Signs).
- 9 -
96-255
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking)
96-256 A by-law to provide monies for General Purposes (November 25, 1996).
96.257
A by-law to provide for Appointments to certain Boards, Commissions and
Committees (To appoint members of the Executive to the Board of
Management of the Chippawa Business Improvement Area Association;
and that Alderman Shirley Fisher and Alderman Bruce Ward be appointed
as City representatives to the Board of Management of the Chippawa
Business Improvement Area Association)
96-258 A by-law to amend By-law No. 87-143, being a By-law respecting smoke.
The motion Carded with Alderman Susin abstaining from the vote on By-law No. 96-255
and Aldermen Craitor and Ward abstaining from the vote on By-law No. 96-256 on
conflicts of interest previously noted and with all others voting in fayour.
NEW BUSINESS
Weed Cutting
Alderman Norm Puttick thanked members of staff, Larry Oates, Jack Milne and
in their endeavours with regard to the cutting of weeds in the area of Ke/ar, Garner
Roads and Victoria Avenue; and the interlocking brick at Stamford Centre and to Mr.
Vanderweyden for his weed cutting efforts in the Mountain Road area.
Letter of Condolence
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that a
letter of condolence be forwarded to the family of the late Dr. Richard S. Duggan.
Carded Unanimously.
TiclhtroDe Walk Across the Falls
Alderman Victor Pietrangelo referred to the Niagara Parks Commission's decision
to turn down Mr. J. Cochrane's tightrope walk across the Falls; and His Worship Mayor
Thomson provided a recap of the occurrences at the Niagara Parks Commission
.meeting.
Following some discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Pietrangelo, that Council appeal through the
Mayors Office, to our local Member of Parliament and to the Province of Ontario to
overrule the decision of the Niagara Parks Commission regarding Mr. Cochrane's
tightrope walk across the Falls, Carded Unanimously...
Casino Update
Alderman Wayne Campbell requested an updated report on the casino
negotiations and initiatives. His Worship Mayor Thomson assured him that the Chief
Administrative Officer would bdng back a report to committee in the near future.
10-
Patient Care
Alderman Kim Craitor referred to correspondence from the local president of the
Ontario Nurses' Association of the Greater Niagara Genera/Hospital expressing
concerns with respect to the reduction of Registered Nurses and of the care and safety
of patients and requested that lhe matter be looked into.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
correspondence be received and flied and circulated to members of Council for their
consideration. Carried Unanimously.
Health Care Cutbacks
His Worship Mayor Thomson referred to cutbacks in Health care and of
chronically ill patients being expected to pay for their care over and above the health
care system.
Following some discussion, it was ORDERED on the motion of Alderman Orr,
seconded by Alderman Hendershot, that the Mayor's Office forward a letter to the
Province, expressing concerns with respect to patients in chronic care facilities in the
hospital are now being expected to pay for their care over and above the health care
system, with a copy being forwarded to the Association of Municipalities of Ontario.
Carried Unanimously.
PoRage RoadBridcle
Alderman Se/ina Volpatti requested an update on the Portage Road Bridge
situation. She was advised that negotiations were ongoing and that the Regional Chair
and the Regional Engineer be requested to provide a full report on the matter.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
a full report be provided by the Regional Chair and the Regional Engineer as to the
status of the Portage Road Bridge. Carried Unanimously.
Sale of Land
Alderman Fermino Susin referred to the sale of land at the appraised value of
$9.00 per square foot and if the appraisal had been updated. He was advised by the
Solicitor that the price was a fair market value.
Santa Claus Parede
Alderman Paisley Janvary thanked members of staff, specifically Ms. Cynthia
Roberrs and Mr. Wayne Allan; the Civic Committee, the Downtown Board and all the
participants for a very successful Santa Claus Parade that had been held on November
23, 1996.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
-11 -
THIRTIETH MEETING
COMMITTEE-OF-THE- WHOLE
Committee Room #2
December 2, 1996
Council met on Monday, December 2, 1996 at 5:00 p.m. in Committee of the
Whole. All members of Council, with the exception of Alderman Cummings, who was
away on vacation, and Alderman Ward, who was away on business, were present.
Alderman Norm Puttick presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
REGULAR COUNCIL MEETING
Council Chambers
December 2, 1996
Council met on Monday, December 2, 1996 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council, with the exception of
Alderman Cummings, who was away on vacation; and Alderman Ward, who was away
on business, were present. Alderman Fermino Susin offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of the Regular meeting of November
25, 1996 be amended to indicate his pecuniary interest was on Cheque No. 225268;
and on By-law No. 96-255,
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
.that the Minutes of the Planning/Regular Meeting of November 25, 1996 be adopted as
amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Volpaffi indicated a pecuniary interest on Report L-96-72, Public Tender
for part of Rose Street, because a member of her family is one of the tenderers.
Alderman Craitor indicated a pecuniary interest on Report F-96-57, Cheque No.
225650, because he sits on the Board of Directors; and on Cheque Nos. 225586 and
225704 because the recipient is his spou8e's employer.
PRESENTATiONS
Niagara Falls Business Showcase Award - Maple Leaf Collision Centre
Mr, George Waters, Chairman, Business Development Advisory Committee
provided a brief overview of Maple Leaf Colfis[on Centre successes over the years, His
Worship Mayor Thomson extended congratulations and presented the Niagara Fails
Business Showcase Award to Danny D'Addio and David D'Addio of Maple Leaf
Collision Centre for their contribution to the economic growth of the community through
their substantial accomplishments.
DEPUTATIONS
Project Red Ribbon 1996
Katheryn Wilson, Director, Student Services, Westlane Secondary School
introduced Angels Arsenio; Jennifer Koch, Dan/ella Nepp from Westlane Secondary
School's Chapter of Ontario Students Against Impaired Driving (OSAID) and advised
that several members of the Stamford C.V.I.'s OSAID Chapter - David Moffat,;
Stephanie Sutherland; Trissia Mellor; Lisa Smith; Lisa Bald and Candace Calder
were also in attendance.
Angels Arsenio and Jennifer Koch provided an outline of the Red Ribbon
Project; presented a poem entitled "Death of an Innocent" and requested that Council
support the Project Red Ribbon f996 by tying red ribbons to both private vehicles
and city vehicles and distributed ribbons to members of Council and staff.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that
Council supports ~e Westlane Secondary School OSAID Chapter and Stamford C. V.
I. OSAID Chapter 1996 Red Ribbon campaign and authorizes the placing of red
ribbons on both private and city vehicles designating Counc~'s support. Carried
Unanimously.
COMMUNICATIONS
Communication No. 250 - City of Samia ~ Re: Proposed Referendum - Casino
Development in the Province of Ontado. The communication requests Counc~ support
a resolution to the Premier of Ontario asking that the Provincial Government make a
decision about the location of Casino Gambling facilities rather than hold a referendum.
ORDERED on the motion of Alderman Susin, seconded by Alderman Campbell, that the
communication be received and filed. Carried Unanimously.
Communication No. 251 - Towertropotis Inc., owners and operators of the Minolta
Tower - Re: Proposed Hotel Development - Menechella Brothers Ltd., Oakes Drive.
The communication expresses concems and commenting on the design of the project
and requesting that the elevator tower be moved to an area of the hotel that will not
block their view of the Falls or that Tower 2 be reduced by one story.
Mr. Nick Matovic, President of Towertropolis Inc., referred to discussions that
have been taking place with regard to the project and indicated that a satisfactory
solution can be achieved without cornpromising the development and requested that the
matter be deferred until the issue can be resolved.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the matter be deferred to staff. Carried Unanimously.
Communication No. 252 - Alderman N. G. Puttick - Re: Smoke Free Areas
Committee. The communication advises of Alderman Puttick's formal resignation as
Chair of the Smoke Free Areas Committee.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that
the resignation be declined and that Alderman Puttick be requested to Chair the Smoke
Free Areas Committee. Carried Unanimously.
Communication No. 253 - Bridge Street Property Owners - Re: Streetscaping Bridge
Street Gateway between Niagara Parkway and Erie Avenue. The communication
requests the City's input, interest and support regarding implementing improvements
to enhance the Bridge Street area bordered by Erie Avenue and the Niagara
Parkway/Whirlpool Rapids Bridge.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the
matter be referred to staff. Carried Unanimously.
During the discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Campbell, that the City send out a crew to clean up the weeds
on lands in the vicinity of the train station. Carried Unanimously.
Communication No. 254 - Downtown Board of Management - Re: Free Downtown
Parking. The communication requests free parking in the downtown area for the
month of December.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the
request be supported. Carried Unanimously.
MW-96-187 - Chief Administrative Officer - Re: Agreement with CP Rail. The report
recommends that Counc~ approve the By-law appearing on tonight's agenda allowing
the City to enter into an agreement with CP Rail.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Volpatti, that
the report be received and adopted. The motion Carried with Alderman Orr abstaining
from the vote on a conflict of interest because she is employed by Casino Niagara and
with a~ others voting in favour.
See By-law No. 96-261
R-96-69 - Chief Administrative Officer- Re: Repairs at the Lions Rink. The report
recommends that the repairs be carried out at the Lions Rink at a cost of $8,500.00,
which is to be covered by The Niagara Falls Lions Club, and that the rink be opened
for the 1997-1998 Season.
ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
.PD-96-118 - Chief Administrative Officer- Re: Appfication for Site Plan Approval;
SPC-16/96, Suisha Gardens Ltd., 570f Lewis Avenue. The report recommends that
Council approve the site plan for a proposed restaurant with ancillary retail space
located at 5701 Lewis Avenue at the comer of SIster Avenue.
ORDERED on the motion of Alderman Creitor, seconded by Alderman Orr, that the
report be received and adopted. Carded Unanimously.
PD-96-119 - Chief Administrative Officer- Re: Application for Site Plan Approval,
SPC-24/96, 1044887 Ontario Inc., Reconstruction of Stardust Motel, 5528 Buchanan
Avenue. The report recommends that Council approve the site plan for the
reconstruction of a 20-unit motel located at 5528 Buchanan Avenue.
ORDERED on the motion of Aldennan Volpatti, seconded by Alderman Pie#angelo, that
the report be received and adopted. Carried Unanimously.
- 4-
PD-96-120 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC-20/96, Chicanda Ltd., Proposed Expansion to Montrose Inn; 7273 Montrose
Road. The report recommends the following: That Council approve the site plan for the
proposed expansion to the Montrose Inn conditional upon:
I. The applicant satisfying any conditions imposed by Regional Niagara;
2. The applicant obtaining the required Building and Land Use Permit from the
Ministry of Transportation.
ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that the report
be received and adopted. Carried Unanimously.
F-96-57 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $1,216,779.44 for the period ending December
2, 1996 be approved by the passing of the by-law appearing later on the agenda.
Alderman Orr referred to the issue of discretionary buying and the tendering
process and requested information on what Corporate policy was on the matter. The
Chief Administrative Officer and the Director of Corporate Services provided
clarification with respect to the matter.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that
the report be received and adopted. The motion Camed with Alderman Craitor
abstaining from ~e vote on a conflict of interest previously noted and with a~ others
voting in favour. See By-law No. 96-265
CD-96.49 - Chief Administrative Officer - Re: Reduction and Refunds of Taxes,
Section 443 of the Municipal Act:
#1
#2
#3
~4
#5
#6
#7
#8
#9
#10
#11
5203 VICTORIA AVE
5300 WILLMOTT ST
4709 BENDER ST
0000 QEW
4386 DRUMMOND RD
6348 FREDERICA ST
5958 GREY AVE
0000 MAIN ST
8136 COVENTRY RD ( 61 )
8627 LUNDY'S LANE
9319 SODOM RD
27 25 020 007 11601 0000
27 25 020 014 10000 0000
27 25 030 002 00800 0030
27 25 040 016 08800 0000
27 25 050 001 05100 0020
27 25 060 010 04400 0000
27 25 070 001 04400 0000
27 25 070 003 11800 0000
27 25 090 006 46643 0000
27 25 100 005 04400 0000
27 25 130 003 12000 0000
The report recommends the following:
1. That a reduction of taxes amounting to $906.84 for the year 1995 be made to
The Pares Group Corporation;
2. That a reduction of taxes amounting to $1,149.89 for the year 1994 and
$1,167.82 for the year 1995 be made to Niagara Falls Badminton Club Limited;
3. That a reduction of taxes amounting to $291.49 for the year 1995 be made to
Jamle Trodwell T/A U S Blues Bar & Grill;
That a reduction of taxes amounting to $1,375.97 for the year 1994 and
$1,397.42 for the year 1995 be made to 663848 Ontario Inc.;
That a reduction of taxes amounting to $991.08 for the year 1995 be made to
Roy Mumeft T/A Alum/glass Unlimited;
That a reduction of taxes amounting to $57.33 for the year 1994 and $58.22 for
the year 1995 be made to Leonard Daiuto & Rosemary Gentilcore;
e
That a refund of taxes amounting to $53.67 for the year 1994 and $54.51 for the
year 1995 be made to Polly Chicoak/;
That a reduction of taxes amounting to $997.90 for the year 1994 be made to
Andrew & Yolanda Cserpes;
That a reduction of taxes amounting to $349.35 for the year 1995 be made to
John & Alice Garbera;
10.
That a refund of taxes amounting to $1,091.34 for the year 1994 be made to
Joginder Singh & Preveen Bagga;
11.
That a refund of taxes amounting to $425.57 for the year 1994 and $432.86 for
the year 1995 be made to Diana & Wilfred Nadon;
7.he City Clerk requested that Item #10 be deleted from the Recommendation
Report as the owner of the property is taking the matter to Assessment Review.
ORDERED on the motion of Alderman VolpaHi, seconded by Alderman Pietrengelo, that
the report be received as amended. Carried Unanimously.
CD-96-51 - Chief Administrative Officer- Re: 1997 Council Schedule. The report
recommends that Counc~ pass the By-law appearing on this evening's agenda adopting
a schedule of meetings for Council for 1997.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously.
See By-law No. 96-259
CD-96-52- Chief Administrative Officer- Re: Revised Schedule of Fees; Licencing
By-law 76-102. The report recommends that Council pass the By-law appearing on this
evening's agenda to amend Schedule 28 of By-Law 76-102.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. Car~ed Unanimously.
See By-law No. 96-264
L-96-72- Chief Administrative Officer- Re: L-96-72, Public Tender LD-19-96; Part
of Rose Street. The report recommends that Councfi accept the Offer to Purchase
from the highest tendeter, Frank Edwards and Rosemary Eckert, in the amount of
$34, 100,00, to purchase part of Rose Street designated as parts 1, 2 and 3 on
Reference Plan 59R-9438,
ORDERED on the motion of Alderman Susin, seconded by Alderman Campbell, that the
report be received and adopted, The motion Carried with Aldermen Puttick and
Volpatti abstaining from the vote on conflicts of interest and with aft others voting in
fayour.
L-96-73 - Chief Administrative Officer- Re: Establishment of Road Widening as a
Public Highway; Allanthus Avenue; part 2 on Reference Plan 59R-9665. The report
recommends that a road widening, described as part 2 on Reference Plan 59R-9665,
be established as part of a public highway, to be known as Allanthus Avenue,
ORDERED on the motion of Alderman Pietrangeto, seconded by Alderman Volpetti, that
the report be received and adopted, Carried Unanimously,
- 6 -
RATIFICATION OF COMMITTEE OF THE WHOLE
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that
Council confirm the actions of the City Solicitor to extending the closing date of the
Redmond Heights transaction from November 30, 1996 to December 19, f996 and a~
other terms and conditions remain the same. Carded Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
96-259 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
96-260 A by-law to establish Part 2 on Reference Plan 59R-9665 as a pubtic
highway, to be known as and to form par of Allanthus Avenue.
96-26f A by-law to authorize the execution of an Agreement with Canadian Pacific
Railway Company to permit the Corporation of the City of Niagara Falls to
place and maintain an underground duct bank under and across the
Railway near Bender Street.
96-262 A by-law to authorize the execution of an Offer to purchase from Frank
Edwards and Rosemary Eckert to purchase par of Rose Street,
designated as PaRs 1, 2 and 3 on Reference Plan 59R-9438, for the
amount of $34,100.00.
96-283 A by-law to amend By-taw No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
96-264 A by-law to amend Schedule 28 of By-law No. 76-102, as amended, being
a Schedule in respect of the payment and expiration dates of licence fees.
96-265 A by-law to authorize monies for General Purposes (December 2, 1996).
The motion Carried with Alderman Orr abstaining from the vote on By-law No. 96-261
on a conflict of interest previously noted; Aldermen Puttick and Volpatti, abstaining from
the vote on By-law No. 96-262 on conflicts of interest and Alderman Craitor abstaining
from the vote on By-law No, 96-265 on conflicts of interests previously noted and with
all others voting in favour.
ORDERED on ~e motion of Alderman Fisher, seconded by Alderman Pietrengelo, that
the following by-laws be now read a second and third time:
96-259 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
96-260 A by-law to establish Part 2 on Reference Plan 59R-9665 as a public
highway, to be known as and to form part of Allanthus Avenue.
96.261 A by-law to authorize the execution of an Agreement with Canadian Pacific
Railway Company to permit the Corporation of the City of Niagara Falls to
place and maintain an underground duct bank under and across the
Railway near Bender Street.
96.262 A by-law to authorize the execution of an Offer to purchase from Frank
Edwards and Rosemary Eckert to purchase part of Rose Street,
designated as Parts 1, 2 and 3 on Reference Plan 59R-9438, for ~e
amount of $34,100.00.
L
96.263
- 7 -
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
96'264
A by-law to amend Schedule 28 of By-law No. 76-102, as amended, being
a Schedule in respect of the payment and expiration dates of licence fees.
96-265 A by-law to authorize monies for General Purposes (December 2, 1996).
The motion Carried with Alderman Orr abstaining from the vote on By-law No. 96-261
on a conflict of interest previously noted; Aldermen Puttick and Volpatti, abstaining from
the vote on By-law No. 96-262 on conflicts of interest and Alderman Craitor abstaining
from the vote on By-law No. 96-265 on conflicts of interests previously noted and with
all others voting in favour.
NEW BUSINESS
Tiqhtrope Walk Across the Falls
Alderman Gary Hendershot referred to an article in the Niagara Falls Review and
editorials in the Buffalo News regarding the Ontario Parks Commission's decision to
deny permission for Mr. Jay Cochrane to tightrope walk across the Falls; and made
comments with respect to politicians in other municipalities voting against matters that
would benefit Niagara Falls.
Prolect Share/Youth Service Grants
Alderman Selina Volpatti referred to correspondence from Project Share with
respect to the Youth Services Grants program and the response of the Human
Resources Development Canada on the matter.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the matter be referred to staff. The motion Carried with Alderman Orr voting contrary
to the motion and with all others voting in favour.
Ms. Ruth Redmond Presentation
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
a letter of appreciation be forwarded to Mr. Sheldon Godfrey of Heritage Canada, Mr.
Bob Bolibruck and Ms. Adele Kon in their endeavours for the presentation of the
Gabflails Leger Award to Miss Ruth Redmond. Carried Unanimously.
tit'k,
Budnet Meeting
Alderman Paisley Janvary referred to her unavailability for the Budget
discussions meeting on December 12, 1996 due to prior commitments.
Amendments to the Development Charues Act
Alderman Norm Puttick referred to an Association of Municipalities of Ontario
(AMO) Press Release regarding amendments to the Development Charges Act, f996
and expressed concerns regarding potential lost revenue to municipalities due to the
proposed legislation.
Following further discussion, it was ORDERED on the motion of Alderman Susin,
seconded by Alderman Volpatti, that the issue of development charges and the
proposed Changes by the Provincial government to the Development Charges Act be
the emphasis of a report back to Council. The motion Carried with Alderman Fisher
abstaining from the vote on a conflict of interest, because of her particular job and
development and with all others voting jn favour.
Portage Road Bridge
Mayor Wayne Thomson referred to correspondence from the Regional Chair, Mr,
Brian Merrett providing an updated on the Portage Road Bridge and advising that
negotiationa are proceeding with C,N, on the replacement and rehabilitation of the
Portage Road Bridge and that the municipality wfil be kept informed on the matter,
Letter of Condolence
ORDERED on the motion of Alderman Orr, seconded by Alderman Vo/patti. that a letter
of condolence be forwarded to the family of Ron Craddock, a City employee in the
Municipal Works Department, on the recent loss of his father. Carried Unanimously.
Letter of Conaretulations
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that a
letter of congratulations be forwarded to Bari and Julia Maves~on the recent birth of
their child. Carried UnanimouslY.
LIVE, Regis & Kathy Lee Show
Mayor Thomson referred to a press release by the Walt Disney Company
regarding the upcoming re-broadcast of the LIVE, Regis & Kathy Lee Show from last
September, 1996 on December 5th and December 6th, 1996 and commented that the
two programs taped in Niagara Falls were the highest rated remote shows ever
produced.
ORDERED on the motion of Alderman Susin, seconded by Alderman- Orr, that the
meeting be adjourned. Carded Unanimously.
READAND ADOPTED,
- 9-
MAYOR WAYNE THOMSON
,elm,
THIRTY, FIRST MEETING
COMMITTEE. OF- THE, WHOLE
Committee Room 2
December 9, 1996
Council met on Monday, December 9, 1996 at 4:30 p.m. in Committee of the
Whole. All members of Council, were present. His Worship Mayor Wayne Thomson
presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
PLANNING MEETING
Council Chambers
December 9, 1996
Council met on Monday, December 9 1996 at 7:13 p.m. for the purpose of
considering Planning and Regular Business Matters. All members of Council, were
present, Alderman Judy Orr offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the Minutes of ~e Regular Meeting of December 2, 1996 be adopted as printed.
Carfled Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Craitor indicated a pecuniary interest on Report F-96-59, Cheque No.
225841, because he serves on the Board of Directors,' Cheque Nos. 225868 and
Mgf708 because the recipient is his spouse's employer; and indicated a pecuniary
interest with respect to budget discussions dealing with Occupational Help &
Development because his employer is involved.
Alderman Cummings indicated pecuniary interests from the meeting of November
fS, 1996 on Report F-96-53, Cheque No. 225340 because Acres is involved and on
Cheque No. Mgf688 because a member of his family is employed by the Region; and
indicated a pecuniary interest on Report F-96-59, Cheque Nos. 225868 and M91708
because a member of his family is employed by ~e recipient.
* 2-
Alderman Fisher indicated a conflict of interest on Report MW-96-190 -
Development Charges Act, because she has a business interest.
Alderman Hendershot indicated a conflict of interest on any items pertaining to
C.U.P.E.
Alderman Janvary indicated a conflict of interest to that part of Report F-96-63 -
1997 Capital Construction Budget, dealing with the Longburst/Sheldon area as she
resides on Longhurst.
Alderman Pietrangelo indicated a pecuniary interest on Report F-96-59, on
Cheque No. 225825, because the recipient is his employer.
Alderman Susin indicated a pecuniary interest on Report F-96-59, Cheque No.
M91707 and By-law No. 96-272, because the recipient contracted for work in an area
where a member of his family resides; and indicated a pecuniary interest on By-law
No. 96-270 because the applicant resides in close proximity to his home; and indicated
a conflict of interest in all areas of the 1997 General Purposes Budget and the 1997
Capital Budget and 1998-2001 Projected Capital Budget that have a bearing on the
Willoughby Volunteer Fire Department as members of his family are employed as
volunteer firefighters; and also indicated a conflict of interest on that part of Report
F-96-63 - 1997 Capital Construction budget dealing with Motden Street as a member
of his family resides in the area.
Alderman Ward indicated a pecuniary interest on Report F-96-57, Cheque No,
225538 because he has a business intereeL
PRESENTATION
Niaqara Falls Chamber of Commeme
Mr. Ted Salci, Niagara Falls Chamber of Commerce thanked members of
Council for the use of the City Crest on the commemorative coin. Mr, Salci introduced
Mr. I. Zappitelli who provided a bdef history on the commemorative coin which was
designed by Mark Lindsay. Mr. Salci presented the Casino Commemorative Coin to
Mayor Thomson and members of Council and to Mr. Palumbo, of the Casino
Corporation.
His Worship Mayor Thomson thanked the Chamber of Commerce on behalf of
the City for the presentation of the coin,
CURRENT PLANNING MATTERS
PD,96-122 - Chief Administrative Officer - Re: Zoning By-law Amendment
Applicat~n; AM-f//96, Falls View Hose Brigade c/o Brian Collinson; .5786 and 5775
Dunn Stree~ The report recommends the following:
2.
That Council approve the application to recognize the club's existing parking area
and to permit the adjacent lands to be used for parking in conjunction with ~e
club as well;
That the amending by-law be prepared in accordance with the spedtic details
,outlined in this report;
- 3 -
That the development of the lands be made subject to Site Plan Control to
ensure that the parking area is developed in a sensitive manner and that issues
such as landscaping, fencing, and servicing are addressed.
- AND -
Communication No. 255 - Regional Niagara, Planning & Development Department.
The communication advises as having no objection to the approval of this application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under tt, e Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by mailing on November 8, 1996.
His Worship Mayor Thomson received indication that Mr. Brian Collinson, the
applicant and Judy Pihach, Miller O'Dell Planning Associates were in attendance, and
received a positive response to his request for a show of hands by persons present
who were interested in the application.
He requested that all persons wishing to receive further notice of the passage of
the by-law submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Counc~ meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information included in Technical
Report No. PD-96-121; The Nature of the Amendment; The Surrounding Land Use;
Background; The Official Plan; The Physical Assessment; The Nature of the Zone
Change; and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
positive response from those who were opposed to the application.
Joan Schweitzer, 6704 Allanthus Avenue expressed concerns with respect to
the generation of dust from the parking lot; buffer strips and storm water flows
generated from the proposed parking area. She enquired whether both parking lots
would be paved and whether fencing could be protected from vehicles parking too
close.
The Director of Planning and Development responded that bumper blocks could
control the parking concerns and that the asphalt paving and storm water management
would be addressed through the site plan process.
Randy Burke, 5770 Dunn Street expressed concerns with respect to fencing,
the paving of parking lots and suggested that a divider be placed between the two
parking lots to prevent vehicles from exiting onto the main read.
The Directorof Planning and Development commented that it was proposed that
the two lots be joined in order to provide one ingress and egress of traffic.
Judy Pihach, Senior Planner, MIHer O'DeH Planning Associates stated that
the Technical and Planning reports had been reviewed and they were in support of
staffs recommendations.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-17/96 closed,
- 4-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that
the correspondence be received and filed. Carried Unanimously
RA TIFICA TION OF CORPORA TE SERVICES ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the actions taken on the following matters by Corporate Services Committee, earlier this
evening be approved:
1. That the minutes of November 25, 1996 meeting of the Corporate Services
Committee be adopted;
2. F-96-58 - General Insurance Report - that the 1997 hTsurance Program at an
annual premium of $507,791, plus applicable taxes be approved, including the
amendment to the deductible;
3. F-96-59 - Municipal Accounts that the Municipal Accounts totalling
$5,431,230.11 for the period ending December 9, 1996 be appreved;
4. F-96-61 - City of Niagara Falls Investment Policy - that staff be authorized to
enter into an Investment Agreement with Scotia Investment Management Ltd.
5. MW-96-190 - Development Charges Act, 1996 - Preliminary Analysis of Impact
of New Act on Niagara Falls - that ~e report be received for information and that
a thorough analysis be carded out on the full impact of the new Act on the City
and further that representations be made to the local Members of Parliament,
AMO and ~e Standing Committee of the Legislature stating the City's concerns
and objections;
6. 1997 General Purposes Budget - that the 1997 General Purposes Budget be
adopted as amended;
7. That the 1997 Water Budget and Water Rates be adopted as presented;
8. That the 1997 Capital Construction Budget, with projections for the years 1998
to 2001, be adopted as presented.
The motion Carded with Alderman Cummings abstaining from the vote on Report F-96-
59, Cheque Nos. 225868 and M91708, because a member of his family is employed by
the recipient; Alderman Pietrangelo abstaining from the vote on Report F~96-59, Cheque
No. 225825 because the recipient is his employer, Alderman Craitor abstaining from the
vote on Report F-96-59, Cheque Nos. 225868 and M91708, because a member of his
family is employed by the recipient and Cheque No. 225841 because he serves on the
Board of Directors; Alderman Susin abstaining from the vote on Report F-96-59, Cheque
No. M91707 because the recipient contracted for work in an area whe .re a member of
his family resides, also indicated a conflict of interest in all areas of the f997 General
Purposes Budget and the 1997 Capital Budget and 1998-2001 Projected Capital Budget
that have a bearfng on the Willoughby Volunteer Fire Department as members of his
family are employed as Volunteer Firefighters. Alderman Susin also indicated a conflict
of interest on that part of Report F~96-63 - 1997 Capital Construction budget dealing
with Morden Street as a member of his family resides in the area; Alderman Fisher
.abstaining from the vote on Report MW-96. 190- Development Charges Act;
Alderman Janvary abstainging from the vote to that part of Report F-96-63 - 1997
Capital Construction Budget, dealing with the Longhurst/Sheldon area as she resides
on Longhurst; Alderman Hendershot indicated a conflict of interest on any items
pertaining to C.U.P.E
REPORTS
R-96-70 - Chief Administrative Officer - Re: Quotation #217-96, Supply &
Installation of Fencing at Various City Parks. The report recommends that the
Quotation #217-96 for the Supply & Installation of Fencing at Various Parks be awarded
to Peninsula Fence & Landscaping Inc. of Thorold, Ontario at the cost of $20, 737.05
including all applicable taxes, be approved.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Volpatti, that
the report be received and adopted. Carried Unanimously.
L-98-75 - Chief Administrative Officer - Re: Release of Site Plan Agreement
6788/6754 Thorold Stone Road. The report recommends that Council release
11845338 Ontario Limited from a 1972 Site Plan Agreement registered on title to the
property, municipally known as 6788/6754 Thorold Stone Road, and that the Mayor and
Clerk be authorized to execute any documents necessary for the purpose of releasing
the parties and terminating the said agreement.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
RA TIRCATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the actions taken on the following matters by Committee of the Whole, earlier this
evening be approved:
That Council authorize the settlement to the Social Planning lawsuit of $9,000
conditional upon the plaintiffs releasing the final conditions
That the City accept the offer to purchase the property at 4699 Zimmerman
Avenue at the selling price of $72,000.00
3. That the City Solicitor be authorized to commence expropriafion proceedings.
The motion Carried with Aldermen Pietrangelo and Volpatti abstaining from the vote on
the Social Planning lawsuit matter and with all others voting in fayour.
RESOLUTIONS
. NO. 68 - HENDERSHOT- CUMMINGS - RESOLVED THAT NO TWITHSTANDING the
Council meetings presently in effect for the month of December, 1996; BE IT
RESOLVED that the meeting scheduled for Monday, December 16, 1996 be cancelled,'
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 69 - VOLPATTI - WARD - WHEREAS the City of Niagara Falls had passed a by-
law under Section 248 of the Railway Act which prohibited the sounding of whistles at
rail crossings within the urban areas for the City of Niagara Falls; AND WHEREAS the
Railway Safety Act amended the rules goveming the sounding of whistles at all new
railcrossings; AND WHEREAS the Bender Street Crossing, Mile 1.40, Hamilton
Subdivision, SL Lawrence and Hudson Railway is a new crossing wholly within the
urban area of the City of Niagara Falls; NOW THEREFORE BE IT RESOLVED THAT
whistling be terminated at the Bender Street Crossing, Mile ~.40, Hamilton Subdivision,
St, Lawrence and Hudson Raftway; AND the Seal of ~e Corporation be hereto affixed.
_CCarded Unanimously
- 6
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
96.266 A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for the purpose of conveying Parts ~ and 3 on Reference
Plan 59R-9700 to 984307 Ontario Limited. (Re: PD-95-65)
96-267 A by-law to authorize the Transfer of Easement to Rogers Cablesystems
Niagara partnership for the purpose of constructing and maintaining
communication lines other works appurtenant thereto. (Re: Report L-96-
· 27)
96-268 A by-law to authorize the Transfer of Easement to Niagara Falls Hydro
Electric Commission for the purpose of constructing and maintaining an
electrical plant, cable (s) and other equipment for the distribution of
electrical energy and other works appurtenant thereto, (Re: Report L'g6-
27)
96-269 A by-law to amend By-law No. 79-200, as amended. (AM12/96, 572930
Ontado Ltd.)
96.270 A by-law to amend By-law No. 395, 1966, as amended, of the former
Township of Willoughby, now in the City of Niagara Falls. (AM-22/96,
Pierre Paquette)
96-27f A by-law to authorize the execution of an agreement with 1184538 Ontario
Limited for the purpose of releasing ~ f 84538 Ontario Limited from the
terms and conditions of an agreement dated June 27, ~972.
96-272
96-273
A by-law to authorize monies for General Purposes (December 9, 1996)
To authorize the execution of an Offer to Sell from Great Lakes Hostelling
Association to sell to The Corporation of the City of Niagara Falls, property
municipally known as 4699 Zimmerman Avenue/Niagara Falls.
The motion Carried with Aldermen Creitor, Cummings, Pietrangelo, and Susin
abstaining from the vote on By-law No. 96-272 on conflicts of interest previously noted;
and Alderman Susin abstaining from the vote on By-law No. 96-270 on a conflict of
interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the following by-laws be now read a second and third time:
96-266
A by-law to authorize the execution by the Mayor and Clerk of'a
Transfer/Deed for the purpose of conveying Parts I and 3 on Reference
Plan 59R-9700 to 984307 Ontario Limited. (Re: PD-95-65)
9~267
96-288
A byqaw to authorize the Transfer of Easement to Rogers Cablesystems
Niagara partnership for the purpose of constructing. and maintaining
communication lines other works appurtenant thereto. (Re: Report L-96-
27)
A by-law to authorize the Transfer of Easement to Niagara Falls Hydro
Electric Commission for the purpose of constructing and maintaining an
electrical plant, cable (s) and other equipment for the distribution of
electrical energy and other works appurtenant thereto. (Re: Report L-96-
27)
- 7 -
96-268
A by-law to authorize the Transfer of Easement to Niagara Falls Hydro
Electric Commission for the purpose of constructing and maintaining an
electrical plant, cable (s) and other equipment for the distribution of
electrical energy and other works appurtenant thereto. (Re: Report L-96-
27)
96-269
A by-law to amend By-law No. 79-200, as amended. (AM12/96, 572930
Ontario Ltd.)
96-270
A by-law to amend By-law No. 395, 1966, as amended, of the former
Township of Willoughby, now in the City of Niagara Falls. (AM-22/96,
Pierre Paquette)
96-271
A by-law to authorize the execution of an agreement with 1184538 Ontario
Limited for the purpose of releasing 1164538 Ontario Limited from the
terms and conditions of an agreement dated June 27, 1972.
96-272 A by-law to authorize monies for General Purposes (December 9, 1996)
96-273 To authorize the execution of an Offer to Sell from Great Lakes Hostelling
Association to sell to The Corporation of the City of Niagara Fails, property
municipally known as 4699 Zimmerman Avenue, Niagara Falls.
The motion Carried with Aldermen Craitor, Cummings, Pietrangelo, and Susin
abstaining from the vote on By-law No. 96-272 '~n conflicts of interest previously noted;
and Alderman Susin abstaining from the vot= on By-law No. 96-270 on a conflict of
interest previously noted and with a~ others voting in favour.
NEW BUSINESS
Canada Customs
Mayor Thomson referred to correspondence from Canada Customs indicating
that an additional 25 customs officers had been hired to deal with visitors to Canada.
Landscape Advertisinu
Mayor Thomson referred to correspondence from Mr. AI Palladini regarding weed
control and the use of landscape advertising.
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Pietrangelo, that staff be directed to investigate the issue of
using landscape advertising along Highway 420. Carried Unanimously.
Cost of Hydro Power
Mayor Thomson discussed the high cost of hydro power which is causing
industries in the area to close.
ORDEREd on the motion of Alderman Craitor, seconded by Alderman Hendershot, that
a letter be forwarded to our Member of Provincial Parliament expressing Councirs
concerns regarding the high cost of hydro power whicti is causing industries to close.
The motion Carrie_ d with Alderman Susin abstaining from the vote on a conflict of
interest, because he has a business relationship with Norton Industries and with all
others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
meeting be adjoumed. Carried Unanimously.
READAND ADOPTED,
MAYOR WAYNE THOMSON
THIRTY-SECOND MEETIN_G
COMMITTEE-OF-THE-WHOLE
Committee Room 2
December 12, 1996
Counc~ met on Monday, December 12, 1996 at 4:30 p.m. in a Special
Committee of the Whole. All members of Council, with the exception of Alderman
Susin, who was away due to illness and Alderman Ward, who was away on business,
were present. His Worship Mayor Wayne Thomson presided as Chairman.
Fo~owing consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
SPECIAL COUNCIL MEETING
Council Chambers
December 12, 1996
Council met on Monday, December 12, 1996 at 5 p.m. in a Special Meeting of
Council. All members of Council with the exception of Alderman 5usin, who was away
due to illness and Alderman Ward, who was away on business, were present.
MW-96-f91 - Chief Administrative Officer- Re: Truck Traffic on Dorchester Road;
South of McLeod Road. The report recommends the following:
That Regional Niagara be instructed to proceed forthwith with improvements to
the southwest comer of McLeod Road and Domhester Road;
That a short term manual monitoring program be initiated immediately to redtract
through truck traffic on Dorchester Road to other appropriate routes (to be
undertaken by Regional Police);
That rehabilitation of Dorchester Road (south of McLeod Road) be considered
in ~e 1997 program;
That the City review alternative truck routes to serve the Dorchester ~ndustrial
area.
- 2-
The Directorof Municipal Works reviewed the recommendations presented in the
report.
Several area residents expressed concerns with respect to the number of trucks
and the excessive speed of trucks using Dorchester Road; the safety hazards to
pedestrians and vehicles of trucks' turning radius at the southwest corner of Dorchester
and McLeod Road; the conditions of the road due to the truck traffic. It was suggested
that alternative truck access routes be considered.
Mr. Henry Mueller referred to the high cost to the City associated with road
construction.
A representative from Cytec stated that the company was in support of the
recommendations and urged members of Council to go forward with the
recommendations as presented.
During the discussion, it was suggested that the police be requested to monitor
truck speeds and that the residents record the company name and truck number of
trucks creating safety hazards and to advise the police in that regard.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
report be received and adopted and further that residents record the company name,
the truck number of trucks that are creating safety hazards and advise the police in that
regard. Car~ed Unanimously.
Ontario Municipal Board Decision - Naminq of Wards.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Cummings, that Mr. Yao, Ontario Municipal Board, that Council
is in approval of the Wards being numbered I to 6 and named according to those
su,~gested in the OMB decision and request the Southern boundary of the Lundy's Lane
Ward to be placed at McLeod Road to provide for a more equitable distribution of
voters. The motion Canfed with Aldermen Campbell, Craitor, Fisher, Janvary and
Pietrangelo voting. contrary to the motion and with Aldermen' Cummings, Hendershot,
On', Puttick, Volpatti and Mayor Thomson voting in favour of the motion.
RA TIFICA TION OF COMMITTEE, OF- THE WHOLE
ORDERED on the motion of Alderman Volpaffi, seconded by Alderman Campbell, that
the actions taken on the follow~'~;g matters by Committee of the Whole, eartier this
evening be approved:
1) That Council ratify the amended collective agreement between the Corporation of the
City of Niagara Falls and the Canadian Union of Public Employees and its Local 133 for
1996 and 1997 by passing the by-law appearing on tonight's agenda; 2) that Council
~ confirm its action from Committee-of-the-Whole on Monday, December 9, 1996; 3) that
By-law No. 91-191 be repealed and the by-law appearing on tonighrs agenda
respecting sick leave, pensions and other benefits for non-union employees be passed.
The motion Carried with Alderman Hendershot abstaining from the vote on the CUPE
portion of the motion because a member of his ~amily is involved in the Union and with
... all others voting in favour.
See B~'-Iaw No. 96-274
" See By-law No. 96-275
BY-LAWS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that
leave be granted to introduce the following by-laws and the by-laws be read a first time.'
96-274
A by-law to authorize the execution of a Collective Agreement with The
Canadian Union of Public Employees and its Local 133.
96-275 A by-law respecting sick leave, pensions and other benefits for employees.
The motion Carried with Alderman Hendershot abstaining from the vote on By-law No.
96-274 on a conflict of interest previously noted and with a~ others voting in fayour.
ORDERED on the motion of Alderman Pietrangelo, seconded by AIde/man Campbell,
that the following by-laws be now read a second and third time:
96-274
A by-law to authorize the execution of a Collective Agreement with The
Canadian Union of Public Employees and its Local 133.
96-275 A by-taw respecting sick leave, pensions and other benefits for employees.
The motion Carried with Alderman Hendershot abstaining from the vote on By-law No.
96-274 on a conffict of interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpa~i, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,