Minutes1982FIRST MEETING
CO~MI'rr~:~: OF THE WHOLE
CoKmittee Room #1
January 12, 1982
Council met on Tuesday, Januax7 12, 1982 at 6:45 p.m. in Committee
of the Whole. All members of Council were present with the exception of
Alde/~ren C~leesm~n and Kerrio. Alderman ~gs presided as Chairman.
Following consideration of the items presented, the Conmittee of
the Whole arose without
Council Chambers
January 12, 1982
Council met on TUesday, January 12, 1982 at 7:30 p.m. for the purpose
of considering general business. All h~ers of Council were present, with
the exception Of Alderman Kerrio. His Worship, Mayor Thomsc~ presided as
Chairman. Alderman Cummings offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motic~ of Alde~'~t~n Fera, seconded by Alderm~n Baker,
that the minutes of the meeting held on December 21, 1981, be adopted as
printed. Carried Unanimously.
DEPUTATION
~. I. MIIJ2~BE~G - CLO6IN3 OF ~
Mr. I. Milchberg was granted permission to address City Council on
the motio~ of Alderman Cu~inings, seconded by Aldei~Ten Baker. Mr. Milchberg
requested that the laneway behind properties on Queen Street running between
Buckley Avenue and St. Lawrence Avenue, be closed directly behind his
property. Mr. Milchberg stated that his tenant, who operates Farr Lumber,
has experienced probiers with cars driving through the laneway at excessive
sFeeds, and broken windows at the rear of the building. Because of the
nusiance caused by having the laneway remain open, Mr. Milchberg requested
that Council close the portioa of the laneway running between Lots 1 - 4 and
9 - 11.
Mayor Thcmsa~ advised that there have been objections £L~, other
individuals whose properties abut the laneway, to the suggested closing. In
response to a questic~ raised by Alderman Cumnings, Mayor Thc~son indicated
that these individuals were notified that the matter was to be discussed by
The Director of Municipal WOrks advised that there would have to be an
agreement with Mr. Milchber~ regarding snow clearing operations for the
laneway. Mayor Themson advised that the Fire Chief had no cbjectic~s to the
closing of part of the laneway.
Following further ~a.,ent, it was ~f~ved by Alderman Dilts. seconded by
Aldermen Puttick, that the pk-o~er stele be take to close the laneway.
Carried Unanimously.
~'I~I~H~D ~3SINESS
4755 FIE AM, FOF~R B~V~EY'S
~e~ort No. I - A~ting Administrator - The report provides further
2
on the subject property, and advises that the building is not beir~3 used for
any purpose at the present time.
Alderman Baker advised that he had spoken to the present c~ner of the
building, and this individual seemed to be under the i~ressicn that tht
legal non-conforming use still applied to the [Troperty. Mayor '[~,~c~
stated that both the residents and the current owner have bee~] ndvb~{-~] that
since the previous use had been discontinued for at least a year, the zDning
~K)uld revert to residential.
Residents of the area in attendance at the meeting, disputed the
state~aent in the report that no additional equipment had been br~uqht
site. The residents expressed concern over possible uses that raight }~ m~de
of the building.
Mayor Themsen suggested that an on-site meeting ogu]d ~ ~eld with the
(~qner in an attem[Yc to resolve the complaints of the residents.
Following further cu~lent, it was noved by Alderman Fera, se. cond~
Alden,~n Orr, that the report be received arfi filed, further tb~t
Thc[ascn and the Acting Administrator meet with the subject ~roperty
the site, and further that a report be submitted to Council foll~irF~ the
meeting. Carried Unanim~3sly
1982 APPOINTM~qI~ TO BOARDS, OO~MlSgIONS AND OC~4~ITFEF~
Report No. 2 - ActirK3 Administrator - The report rec~x~ends that (bunt].1.
make the necessary appointments to the various Boards, C~x~nissions and
C~.~ttees for the tenTB cc~,,encing in 1982.
Niagara Falls Public Library Board - It w~s r~ved by Alde~Tcen ~ttick,
seconded by A/dermen Merrett, that Mr. F. Pettie ~e appointed to the 'Board
for the 1982-83-84 term. Carried Unanin~3usly.
P~.erty Standards Cu~.~.~ttee - It was moral by Alderrnen Baker, secr/q(]~l by
Alderman Curedrigs, that Mr. J. Bishansky be appointed to the Property
Stanaards C~atl~.~tt]~8 ~gr the 1982-83-84 tern. Carried Unanb~ously.
C~ttee of M.~.~men'c - It Was moved by Alderman Curmings, ~1 ~'
A/a~-_r~ren S~rervllle, that Mr. T. M~ff, Mr. G. Prata and Mr. M. Weaver be
a~inted to the Crrmittee of Adjustment for the 1982-83-84 term. Carried...
Unanimously.
Greater Niagara Transit C~a~,~seion - It %es moved by Alderman Merrett,
se~-a by Alder~n Fera, that Mr. H. Hart and Mr. W. Soothera~ he
a~pointed to the Greater Niagara Transit C~ssion for the 1982-83 term.
The mot~ Carried w~th Alderm~n Chrm/ngs abstaining on a co[lilies. of
interest, and a]l others ~X/ng in fayour.
~ Falls C~eaunity Centr~ B~ard - It was mr~ed by Alderman Puttick,
eMu, (Xa,~..{~gs, Oilte, Fera, Jan%-~, Metrio, Merrett, 0Tr, Puttick,
Schisler and Somerville be appointed as the Ca~%ity Centtee Board for t~
year 1983. Carried Unanimously.
Recrea~irm C~.~Lesi~n - It ~as moved by Alderman Fera, eef~ed b! Alderman
C~assic~ ~.r the year 1982. Carried Unardro~ly.
It ~ u.3~ed by A/dermen Dilts, sa~ by Ald~ Baker, that Mrs, C0
Biela~, Mr. G. Mec~l, Mrs. B. MC~t, Mr. F. Sacco a~d Mrs. [~. William8
~Iy . "'
Miagara p~t~, ~ard of M - It ~e~ mc~ed by Aldernmn Metfete,,
Es~Alderae~Baker, that ~.T.L.T-and Mr. J-Burtniakbe a~int~d s0the
z~e~g~ cf Mr. n. Madumzie. Cartie] Unan/m~uely.
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It was moved by Alderm~n Baker, seconded by Alderman Schisler, that Council
reea~aL~nd to the Niagara District Airport Comnission that Mrs. E. ~gs
and Mr. J. Corfield be appointed to the C(mmnission. The motic~ Carried with
Alderman Cunmdags abstaining c~ a conflict of interest, and all others
voting in fayour.
D~0LITION TENDER - HOUSES ON C~i~N STR~T
Report No. 3 - Acting Administrator - The report reds that Council
approve one of the follcwir~ options: (a) Reaffim its decision to award
the contract to Van Koughnett Limited for $4,884.10; (b) Award the contract
to the next i~N bidder, Richard COllee Trucking for $5,500.00; or (c)
Re-tender the contract.
Mr. J. Jacobi, solicitor for Mr. Van Koughnett, was granted permission
to address Council cn the motion of Alderman Orr, seconded by Alderman
Oa~n~ngs. Mr. Jacobi explained the circ%~nstances involved in the delay by
Mr. Van Koughnett in signing the contract documents. A represenstative of
the Municipal Works Department w~s advised that the doc~nents would be
finalized the first ~Drking day after the Christmas/Now Year' s holidays.
Also the holiday closings, Mr. Van Koughnett had experienced difficulty in
obtaining the necessary certificates, etc. Mr. Jacobi requested that
COuncil consider these circu~etancas when making a decision cn the ~etter.
In response to a question raised by Alderman Merrett, the Deputy Clerk~
advised that approximately forty per cent of the City' s contracts are, not
signed within the specified t/me period.
Alderman Puttick indicated that he was still opposed to the ~urchase
and subsequent demolition of the subject buildings.
Following further cc~ment, it w~s moved by Alderman Janvary, seconded
by Alderman Orr, that Council reaffirm its decisic~ to award the subject
contract to Van Koughnett for $4,884.10. The mDtion Carried with Alderman
Puttick voting contrary, and all others voting in favour.
~3NICIPAL REVIEW AND FORECAST
It vaS moved by Alderm~n Orr, seconded by Alderman Fera, that the
Mayor' s address on the Municipal Reviow and Forest be incorporated into
the COuncil minutes. Carried Unanimously.
As we begin another year as elected representatives, it seems a most
appropriate time for us to examine cur stewardship for 1981 and perhaps
suggest a few objective for 1982. With the passing of the old year, a
certain amount of reflection or personal assessment invariably takes place
and while I do not intend to provide a cu~[lete and detailed review of
'81' s activities, I believe cur first meeting is a most opportune time for a
little self-evaluation. In addition, I believe that a glance beck into
'81 will be helpful in determining priorities for 1982.
How does one determine the success of a Municipal COrporation? In the
private sector, it is the end of the year balancing - the profit and loss
state~Bnt- that perhaps best detemnines if the operation was a success.
While it is often argued that the profit a~3tive in the private sector makes
it easier to determine the degree of success at that level, I believe there
are criteria which can be effecively used to measure the success of a
Municipality, recognizing that in the democratic process, dissatisfaction
with the manner in which the Municipality has ~een operated is ultimately
reflected at the polls.
Unlike private enterprise, the objective of the n~cipal corporation
is to end the year on a "break even" basis, that is having total revenues
matching to%al e3~3enditures as closely as possible. In this nBnner,
ratepayers are assured that insofer as it is practic~l and excluding payment
of long-term debt charges, they are in fact paying for services received.
In m~ opinion, a successful manicipsl opertion is one which provides a
high standard of service to ~he ratepayere at a reasonable cost. When
examined in this context, .I em c~vinced that 1981 was a successful year for
our City.
Cartainly, if we were a manufacturing firm, an/ncreased amount of
produced units might indicate successs, but in a mmicipality the are
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other indicators. As an example, our decisions are usually confirmed by
formal documents - reports, resolutions and by-laws - and the following
statistics provide an interesting comparison:
FORMAL
M/~i~INGS ~CATIONS REPOKTS RESOLUTIONS BY-LAWS
1980 41 222 647 81 260
1981 51 351 877 120 319
While the number of formal meetings increased, it must be remembered that in
addition to these meetings, the mmlbers of council were required to attend
the various meetings of standing cc~nittees, i.e. Finance, Public Works,
Planning & Develolment. This increased involvement in the affairs of the
Municipality provided greater opportunity for the members of Council to
become rare closely involved in ~unicipal affairs.
It is also interesting to note that the number of by-laws passed in
1981 (319) was the highest recorded in the ton years reviewed.
In view of our success, it is necessary that credit for the
acca'Lplishment be directed to all those who rode it possible - the members
of Council, our staff and each and every en~31oyee of the manicipality, as
well as the residents of the City who made our ~oortunity to serve ~
possible.
One of the strongest arguments put forth by the advocates of the
three-year term for nunicipal councils is the fact that it takes one year
for the newly-elected members to become fully acquainted with their
responsibilities. We began the current term with five freshmen (with due
apologies to the fairer sex) and I was pleasantly surprised by the manner
in which they quicky determined their responsibility and contributed frc~
the very beginning of the term. Perhaps one of the mest encouraging traits
of the present Council is its willingness to exhaust all avenues of
information before reaching m~jor decisions and wherever possible, to
involve all those concerned in the decision-making process. Through their
active use of standing ocac~atteas, the members of Council now have a greater
understanding of the many technical metters placed before then.
We, in the City of Niagara Falls, continue to enjoy a reasonable level
of taxation, particularly When viewed in the light of taxatien in effect
elsewbare and we ere most fortunate to enjoy an excellent ratio Of
oaL~aercial - residential assessment (oaL.fercial/industrial 45%, residential
55%). The residents of Our City bear a very cosparable l-ate of residential
taxation. In a recent report dated October 1, 1981, a major Canadian real
estate firm conducted a survey of ~x>th the ~srket value and taxation c~ an
· average bungalow in a nunher of Ontario municipalities. The dwelling used
for ccmparison purposes was a three-bedroom brock bungalow with an area of
1,200 square feet situated on a fully serviced lot. Of the forty-five
mmicipalities surveyed, twenty-seven levy an a~3unt on the "typical"
dwelling greater than that charged in Niagara Falls, while only sixteen
municipalities produced an amount leas than our nunicipality and one
produced an identical amount.
While levels of taxation must be given increased significance, it is
interesting to note that it was questions of policy which seemed to capture
publlc interest in the past year - a factor I find most encouraging. The
past year evidenced greater public participation in matters having general
c~L.,~mity intereat such as the question of selling certain park areas.
I believe history will record 1981 as a year of mjcr policy decisions,
a year in which the scope and c<a~lexity of the decisions will have far
reaching effect. It was the very nature of these decisions which my make
1981 unique, a year in which both the initial significance and consequences
of the decisic~s may ~ot be equalled for years to come. MaJoT amceg these
decisic~s %Be the a~proval of a concept sukmitted by Primesite Develolmlents
for revitalizati(m of the Downtown core and the cu,~letion of the Tourist
Area Traffic and Perking Study by Lar~rer-Fenco. I am oonvinced that the
decisio~ taken by Council in both matters can only work for the betterment
of the entire City and that, in reality, no a/tel-natives were really
available. In respect to the Down%own Revitalization pro~osel, the Council
has for the past n~nber of years attested to support and strengthen the
Downtuwn area b~ a variety of means. Because of the ~Md to etain
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reasonable tax levels and provide equal benefit to all areas of the City,
the dollars directed to revitalization were understandably limited,
resulting in what might be termed a band-aid remedy when majory surgery is
really required.
The decision of Primesite Develo[ments to consider our Downtown area
was a godsend and if we are able to bring their proposal to fruition, it
will undoubtedly be the salvation of that area and a shot in the arm for the
entire cuLmunity. There are many hurdles to be cleared and I would not want
to misled anyone otherwise. We could not, however, in all conscience, turn
our hacks on the possibility of a $110 million dollar infusion into our
local econc~y. During the current year, concentrated attention ~ast be
given to resolving the hurdles I mentioned, such as the removal of the
Conrail Spur Line or its accc~mDdation into the proposed complex and the
major hurdle of obtaining adequate funding fr~n the Province under its
Dcwnt~wn Revitalization Program. In conjunction with Primesite's proposal
for the City Centre, Council ~ast continue negotiations with bth Provincial
and Federal authorities for their participation. For exemple, our existing
Provincial Court facilities are hopelessly overcrowded and the provision of
new accc~nodation in the ~ulti-storey office building proposed ~Duld seem to
be ideal and would in fact strengthen the feasibility of the entire project.
Details of funding for this proposal will require further public meetings
before a final decision is made.
1981 saw the o~,pletion of the technical aspects of the Tourist Area
Traffic and Parking Study. The main objective of this study was to present
solutions to the traffic and parking problens created by visitors to our
City. The recu,.tendatic~s will do this, but equally important, will do it
in such a way that maximum econcmic benefits will accrue to the tourist
industry and to the City.
This report has laid the groundwork for re-establishing Niagara Falls
as North America' s leading resort, for sharply increasing employment
opportunity and for improving tourism's annual gross earnings in a single
year by an amount which will outweigh by almost sevenfold the capi~al cost
of the works proposed.
1981 was a very busy year, involving the installation of a substantial
nunber of '%k3rd services" (i.e. sewer, water, storm sewers, etc.), in the
City of Niagara Falls. Services amounting to more than five million dollars
in cost were constructed during the past year. The Municipal Works
Ccmmittea was initiated in 1981 and had a heavy workload and again, many
items considered by the Ca,.~attee involved far reaching decisions for this
City ·
The Shriner's Creek control dam project was finally started in 1981.
The work is under the control of the Niagara Peninsula Conservation
Authority as a project co-s~sored by the City of Niagara Falls. This work
involves three control dams along with related watercourse improvements.
The work is well underway and will be ~leted by the early sum~er of 1982.
The study of the project was ea~.ma ssioned in the mid 1970's and the contract
awarded in 1981 implemented the rec~,,endations of the study. The Niagara
Peninsula Ccr~ervation Authority is to be thanked for its co-operation on
this project. Certain costs of this work ere still unknown at this t/me
since all land prices have not bee1 established by the proper authority.
The Woodbine Neighbourhocd Improvement Area '"aerd service" work was
also undertake in 1981. The work included the reoonstructic~ of Woodbine
Street with the installatio~ of appropriate waterm~ns and storm sewers.
This project has been tabled since the mid 1970's pending the start of the
~hriner's Creek project which provided an outlet for the storm sewers on
Woodbine Street, and the project hae greatly enhanced the Woodbine
Neighbourhood Improvement Area. The City's portion Of the work undertaken
through the Neig~bourhood Improvement Program amounted to 50% of the gross
cost of the work. Certain other subsidies ere available through the
Ministry of Transportatio~ & Oa,~,unicetio~e on subsidizable work which
results in this project costing the Municipality less than 50% of the gross
cost.
Another problem initiated in 1981 involving eubsidies from the two
senior levels of govek-x.,ent involved tha Maple Area C~,,,~nity Services
Contxibutio~s Program. %t~-ough the installation of certain storm sewers and
the replacement of sanitary sewers a~ watermains on Bridge Street, this
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street w~s virtually reconstructed between Third Avenue and Stanley Avenue.
A final layer of asphalt will be constructed cn this section of Bridge
Street in the sprir~ of 1982. It is anticipated that the remaining works
within the Maple Are C.S.C.P. will be completed in 1982 and part of 1983,
including the reconstruction of Morrison Street from Victoria Avenue to
Stanley Avenue. This project is funded 75% by the senior levels of
government and 25% by the Municipality.
Clark Street and a section of Main Street were reconstructed in the
late spring of 1981. These projects were coordinated to ensure that the
work was ccmloleted before the tourist season cc~menced. The contracts,
particularly the Main Street contract, required close and detailed
co-operation between the contractor and the nunicipality to avoid ~due
hardship to the businesses during the work.
The work needed to improve the intersection of Stanley Avenue and
Valley Way was started in the late Fall of 1981. The remaining work will be
undertaken in the Spring of 1982, including the installation of the traffic
lights and remaining road ~Drk. It is hoped that this work will do nuch to
improve a traffic problem which previously existed at the intersection of
Valley Way and Stanley Avenue.
The reconstruction of these roadways has greatly improved the
commercial are of the City of Niagara Falls.
Monies were approved for the (2)jmk,~C~t of a unique form of
construction to alleviate flooding in the Rolling Acres Subdivision Area end
certa/n sections of the former Village of Chippawa in 1981. Construction
was started for the required storage tanks in the Rolling Acres Subdivision
in the late fall of 1981. The work in the Chippawa area is slated for ~rly
1982. The delay in the Chippawa area was required to take advantage of a
possible subsidy frfn the Province on our proposed Ontario Neighbourhocd
In~0rovement Program which encompasses a large portion of the former Village
of Chippawa. These t~o projects were undertaken to alleviate basement
flooding which occurred in both areas.
The Niagara Falls Failw~y Relocation Study w~s finally co~101eted during
1981. T~D alternatives ware presented for consideration. One involved a
"No Relocation" scheme and the other involved a "Preferred" relocation
scheme. ~e City of Niagara Falls recc~mBnded the "Preferred" relcoation
schemm which involves the transfer of approximately one-half Of the existing
train movements on the Stamford Line. The Regional Municipality of Niagara
will be considering the cu,.,ents of the various nunicipalities affected by
this railway relocation. The decision of the Region should be forthcfmling
in ~rly 1982. If the "Preferred" relocation scheme is finally approved,
further hearings may be necessary such as a hearing before the Canadian
Transport C~,,.{ssion. Considerati~ of a railway relocation scheme through
the City of Niagara Falls has been going on for many, many years. It is
hoped that the conclusions reached in this study will finalize the questions
which have been raised over the years.
After many years of talking about action to improve the shopping
climate Downtown, m the advice of the Downtown, Council has reToved all
charges for parking. The action followed testing of the concept by
providing free parking on Saturdays. Many Downtowns in Ontario are watching
with interest to ~c the results of this action.
Few projects undertake~ by City Hall staff equalled, insofer as time
cu,.,d%ment by ~ff is c~ncerned, the preparation of the consolidated zoning
by-law. After approximately ten years of difficult and tedious work, Zoning
By-law 79-200 was finally approve] by the Ontario Municipal Board in June,
1981. Some minor aepects of the by-law could not be approved by the O.M.B.
without further public notice end possible hearings and the cutstanding
items are ex~ed to be resolved during the early months of the current.
year.
In regard to the Planning function. the Council addressed itself not
only to ]u~iv~dlate probleM, but also toc~ definite action to obtain
pon~ane~t or long-range solutions. The River Road study ~ro~ides an
excellent example of a desire to obtain a more workable re~-~dy for an
on-going problen.
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The study of the River Road area was completed by the Planning
Department in January, 1981. This report, entitled "River Road Study
Alternative Land Use Concepts", provided detailed backgroura data and future
develoE~ent alternatives for this fairly unique planning area which has been
the subject of pressures for both c~,,~ercial expansic~ and neighbourhood
preservation.
The study paved the w~y for the City end the Niagara Parks Conmlission
to jointly retain a consultant for the purposes of undertaking an
independent evaluation of the develoEnent alternatives for the River Road
area. An analysis of residents' perceptions and ol3tions w-us undertaken by
the Social Planning Council in the s~,,er of 1981 end this study will
auca~ent the consultant's investigations of the social, economic and
envrionmental impacts of various develo~L~nt alternatives for the area. The
first phase of the consultant' s work program will be completed in February,
1982 with specific rec~l,Lendations on the type of develoFment which should
be considered for the River Road ares.
With any mention of the many studies carried out in '81, I would be
remiss if I did not mentic~ the valuable assistance provided by the Social
Planning Council. This participation was host appreciated.
With the approval of Official Plan Amendment No. 132 in November of
1981, new ccEm~rcial policies were adopted to promote future comnercial
develoEmmnt in existing c~L,tercial areas and to arrest the proliferatiou of
cu,,,ercial rezonings in residential areas. DeveloEment guidelines were
incorporated into the City' s Official Plan in the attempt to achieve these
objectives. Further work will be required in order to reduce the amount of
excess land presently zoned for oc~,~ercial purposes throughout the City, if
existing ereas are to be made more viable.
As an incentive to construct buildings in several business areas, the
Council has reduced the requirements for off-street parking in these ereas.
With the approval of the Shriner's Creek project in the northwest area
of the City, the need for a secondary plan to guide further develo!ment w~s
inm~inent. A new seco~ plan is presently being pfofx)sed for this area
incorporating u~dated develoiatent guidelines, eaergy conservation principles
and so forth. Public meetings are planned for the spring of 1982.
Certainly among the most impressive of the accomplishment during 1981
is the additio~ and renovation of the Niagara Falls Memorial Arena.
Undertaken under the provisions of the C~,lunity Services Contribution
Program, the project provided for better facilities including meeting rocms,
offices, washrooms and oaL[lete renovation of the entrance facilities.
Constructed at a cost of $932,000, the project was started in May, 1981 and
was cc$~pleted to the credit of those involved, for the first home game of
the Niagara Falls Flyars. Under the C.S.C.P. Proa~m, $780,000 was provided
by Federal and Provincial authorities, leaving $152,000 payable by the
City. ~-
' In a similar manner, the Fire Hall Theatre ou Walnut Street wes the
site of a major renovation project being oa~,(enced in the latter part of
August and ~a~[leted in December. The $206,000 project ~as funded in part
by Federal and Provincial Covek~,ents throug~ a Wintario grant.
To recognize 1981 as the Year Of the Disabled, the Council by by-law
required the provision of suitable parking places for the handicapped.
These have ncw been provided for both the nunicipal parking facilities and
private lots such as shopping plazas. To further support the needs of the
handicapped, provision ~as included in the renovations both to the Memorial
Arena and the Fire Hall Theatre to make the buildings totally accessible for
Other projects oa~>leted in 1981 include the development of a five-acre
park in the downtown area to be known as the A.J. McKinley Park. The $1.44
milli(m project ~as funded Jointly by Federal and Provincial Gover~a,ents
With the City, the Municipality's net cost being $360,000. This four-year
program of property acquisition, removal of buildings end oreatio~ of the
park facilities Will opel during the next few m0~ths.
The Council has continued to support end encourage the use of transit
facilities. Additic~al bus shelters were erected and a ~ transfer
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facility has now bean eonpleted on Ma{n Street to aco~L,~'edate those persons
using the transit service. Pedestrian activated signals have been approved
for Main Street and to assist pedestrians crossing heavily travelled
roadways, namely the crossings adjacant to Stamford Court and Portage
Manor o
With the ever increasing e~phasis c~ anvironmental matters, it will be
necessary for the City to consider the possibility of enacting a realistic
noise control by-law in 1982. While the Municipality does have a by-law in
place at the present time, it does have certain limitations particularly
when dealing with an industrial noise. Scee (xD~promise nust be found which
will not unduly restrict the operation of industry but at the same time
guarantee a healthy atmosphere to inhabitants of surrounding residantial
areas°
While en e~vironmental matters, I am pleased to report that after m~ny
years of receiving c~l~laints regarding the operation of heavy trucks on
that section of Fouth Avenue north of Bridge Street, arrangements have been
made through the co-operation1 of Cyanamid to create ne~ access facilities on
Stanley Avanue.
In respect to our '82 objectives, may I offer the follcwing co~nents:
While I would never advocate subscribing to a doun and glo(n philosophy
practised by many, we cannot disregard the fact that Canada' s economy is
currently less than encouraging. Unemployment is high and current interest
rates are of utmost concern to residents and tmsinesses in the nunicipality.
As members of the Municipal Council, we have an obligation to be aware of
these factors and to reflect those concerns in any decision regarding levels
of taxation.
It has been said that we live in a ~Drld of change and we in municipal
government mast be prepared to accc~dabe change to understand and reflect
the contemporary situation. It is rey belief that our ability to effectively
govern is directly related to our capacity to meet challenges, particularly
those arising as a result of the present econc~y. What wes provan to be
both acceptable and workable tan years ago is not necessarily approprite in
1982. In order to n~et the challange of providing an acceptable level of
service in the current year, we mast continue our goal of increasing
individual productivity, of examining procedures to determine better methods
and determining realistic priorities for all municipal services. With
respect to increased productivity, we have prove it can ~e done.
In 1977 with a population of 70,097, our City employed 450 permanent
e~01oyees (December 13, 1977). On the ocF~parable date in 1981, with a
population of 71,179, the Municipality had reduced its permanent work force
to 428 in spite of increasing demands for an earik3nding level of service.
These statistics speak well of the efforts put forth to keep our ccmlement
reasonable and tax increases to an acceptable level.
. It may well be that our ability to adapt to the current situation will
be ehe most exciting challenge during the current year. One area that
inmBdiately ccmes to mind is our policy on develoEment and a resolutic~ of
certain proble~B which have arisan kecause of the decline in the demand for
single-family residential acc~,~L~dation. The eliminatien of tile demand of
past years to continually extend services to new subdivisions may well
provide an opportunity to update worn-out services in our older areas.
With the support of Council, I intend to join with the Mayor of Calgary
in meeting with the Ho~ourable Jean Chretien, Minister of Justice, to
resolve the inadequacies of current legislation to effectively control
prostitution. I also intend to meet with the HoEable John Roberts,
Minister of the Environment, to get straight answers c~ the pollution of the
Niagara River.
With respect to Housing, it would appear, like many municipalities,
this City will find a demar~ in the current year fcr high-density
residee~tial acc~,,f. aation. To assist this objective, the Council has
already made possible several applications for multiple unit residential
buildings (M.U.R.B.) assistance. I would expect that Council will continue
its examinatim of housing needs in order that our efforts my be directed
in those areas deserving priority.
-9-
This review and forecast could not be cceplete without a oomment c~ an
item of major concern during '81 and its resolution during the current year,
namely the resignation of the former City Manager. Mr. Collinson, our
Acting Chief Administrative Officer and the staff who are providing him with
their support, are to be congratulated for the excellent way in which the
transitional period was handled. I would suggest that Council address
itself to the consideration of his permanent appointment within the next few
~onths.
The disposal of waste continues to be an ever increasing challenge
facing the Municipality. During the coming year, it will be necessary to
consider the future disposition of our Landfill Site to determine if it can
acc~,.,~date local needs and our findings at all times mast reflect any
decision of the Region to establish solid waste facilities.
In order to maximize the City' s revenues, I believe it would be
advantageous for the nunicipality to designate a parson, preferably in the
Treasury function, to be responsible for investigating all avenues of
Provincial and Federal assistance. The grant structure at bth higher
levels of government has bece~ extremely complex and it would certainly be
inadvisable for the nunicipality to overlook any additional source of
funding. Also in the Treasury Department, a continuing examination mast be
made of increased productivity through ea~uterization end data processing.
This week, word procesing equil~rent will be installed in ~he City Clerk' s
Department and it is hoped that it will be used to facilitate various City
operations. Microfilming has begun and should be continued. It is
important that the Municipality keep abreast of technological changes in
order that we not fall behind insofar as m~dern business methods are
concerned.
The ever increasing significance given to the nonservtion of energy ~as
given rise to a further examinatio~ of oar own procedures. The energy
conservation program m/st be looked at in greater depth. Firsfly to examine
our own ~unicipal buildings and the manner in which to save energy, and then
making information available to citizens en bow they can participate. We
mast sh~N leadership in this area in prcmoting energy conservation in our
own buildings in the operation of our e~uil~ent as well as giving assistance
to others.
Among the many issues to be considered in 1982 will be the acquisition
of new lands for ceneteries and hopefully the Council will re-examine the
possibility of expanded or new library facilities in the Chippawa area.
Before ooncluding my remarks, my I solicit the co-oporatim and
assistance of the Council during the current year. It is incumbent upon
each member of Council to realize that our authority to legislate is limited
to the CouD=il as a body. It is only when our collective thinking is
e~pressed as a body that we govern. We do not govern as individuals. Our
progress and achievements can c~ly be oa~lete if we ere all pulling in the
same direction. During the past year, it was encouraging to notice a new
oohesiveness in Council. I felt that Council better understood its function
as ~licy-makers for tba Municipality and e~pressed its willigness to accept
its proper role.
And finally, may I direct a few personal remarks to those we serve -
the inhabitants of our City. May I solicit your co-operatic~ and
understanding. Unfortunately, obtaining elected office does rDt bring with
it a gift of divine knowledge. As painful as it may be, there will be times
when our decisions may not suit your individual desires, times when the
answer must be "No" ~ The responsibility of the entire ac%ninistratic~ is to
serve the majority, to do what is best for the greatest m~aber. I invite
all of you to join with us in achieving what I believe to be our cca~r~ goal
- that of making the City of Niagara Falls an eljoyable place in which to
~Drk and live, a place of which we can all be eq~ally proud. Thank you.
NOTE~ Alderman Cheesm~n arrived at the meeting.
No. I - Town of Grimeby - Res Right of Postal Employees to Strike. The
c~,~.uniceti~ requests endorsati~ of a resoluti~ urging the Canadian
- 10 -
Government end Canada Post to remove the right of postal enployes to strike.
ORDERED on the raption Of Alderman Puttick, seconded by Alderman Fera, that
the cu~tunicatiea be received and filed. The motion Carried with the
foll(}Ning vote:
AYE: Aldermen Cheesman, Cunm%ings, Dilts, Fera, Orr, PUttick, Schisler end
Somerville.
NAYE: Aldermen Baker, Janvary end Merrett.
No. 2 - Federation of Canadian Municipalities - Re: Revitalization of the
Federation. The cc~mlnication advises that the Federation of Canadian
Municipalities is currently implementing a program of major reforms and
requests the ccepletion of a survey in order to determine the specific needs
and expectations of nunicipal governments across Canada.
ORDERED on the motion Of Alderman Ckmmlings, seconded by Alderman Dilts, that
the questionnaire be completed by staff, and that the cc~m~3ication be
received and filed. Carried Unanimously.
No. 3 - Regional Municipality of Niagara - Re: Regional Land Division
Comnittse Appointment. The oal~lnication requests that the City recc~m~nd
an appointee to the Regional Land Division Conmittee for the 1982-83-84
term.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that
Council recommend the appointment of Mr. P. Pasquet to the Regional Land
Division C~L,,Httee for the 1982-83-84 term. Carried Unanimously.
No. 4 - City of Cambridge - Re: Import Quota on Leather Shoes. The
c~L.~unication requests endorsation of a resolution urging the Federal
Government to rescind its present policy and include leather footwear in the
import quota program~e.
ORDERED on the motion of Alderman Orr, seconded by Alderman Fera, that the
resolution be endorsed. Carried Unanimously.
No. 5 - City of Cambridge - Re: Traffic Signal Warrants. The conmunication
requests the endorsation of a resolution patitioning the M.T.C. to
reconsider the new Traffic Signal Warrants and defer their implementation
until reconsideration has taken place.
ORDERED on the motion of Alderman Fera, seconded by Alderman Baker, that the
resolution be endorsed. Carried Unanimously.
No. 6 - Niagara Region Interagency Oouncil on Smoking end Health - Re:
National Nan-Smoking Week Proclamation. The c~,'.L~/nication requests that the
week of January 24 - 30, 1982, be proclaimed as Non-Smoking Week in Niagara
Falls.
ORDERED on the m3tion of Alderman Dilts, seconded by Alderman Cunmings, that
the proclemetion be approved by Council, but that it not be printed in the
local newspaper. Carried Unanimously.
No. 7 - Oakville Local Architectural Oonservation Advisory C~,~,~ttee - Re:
1982 Conference- The (~a~.L~nicatio~ provides information on the 1982
cc~ferenoe of Local Architectural Conservation Advisory O~,-.{ttees.
ORD~,RED on the ~ion of Alderman C~gs, seconded by Alderman Orr, that
the c~a~,unicatic~l be received and filed. Carried Uneusly.
No. 8 - Ministry of Culture and Recreation - Re.' New BRIC Program. The
e~L.~e/nication provides information ce~ the Ministry's new BRIC Program to
help conserve heritage buildings of local significance.
Mayor Thornsun suggested that the Ministry be contacted to determine if
funds would be available under the BRIC program for the preservation of the
Lmldy' s Lane Battlefield Site.
ORDERED On the motion of Alderman Cun~gs, seconded by Alderman Dilts, that
the cu~.,unication be referred to the Local Architectural Conservation
Advisory C~,~,~ttee, and further that staff investigate the p3ssibility of
funding under the BRIC program for the preservatic~ of the LuD~ly's Lane
Battlefield Site. Carried Unanimously.
No. 9 - Mr. E. Pye - Re~ Drainage Problare. The c~.~unicatic~ requests
assistance in dealing with a drainage problare in the Vivian Court are.
ORDERED o~ the moti(ml of Alde~,~nn Dilts, seconded by Alderman Cunmlings, that
the ~,~ulicatio~ be referred to staff for investigation and a report to the
M~nieipal Works (k~,~ttae. Carried Unar~ly.
Gove~,~ent to permit employees to oontinue to roll over sick leave gratu
paymsnts into an R.R.8.P. or ecms other type of deferred annuity plan.
- 11-
The Personnel Officer advised that the regulations relating to
retirement allowances now permit an individual to roll over to a registered
retirement savings plan $2,000 for every year that the individual
contributed to a registered retirement savings plan. It was felt that this
information ~uuld mean that the resolution was not necessary.
ORDERED on the motion of Alderman Orr, seconded by Alderman Fera, that the
caL~tunication be received and filed. Carried Unanimously.
No. 11 - Association of Municipalities of Ontario - Re: 1982 Fee Structure.
The calutuniction advises of the membership fee of $2,795.61 for the year
1982.
ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that
the membership fee be paid. Carried Unanimously.
No. 12 - Mr. P. Warwick - Re: Use of Street Cars in the River Road Are.
The cutu~unicatic~ suggests that the City consider the use of street cars in
the River ROad are as a means of alleviating traffic COngestion.
ORDERED on the motion of Alderman Cunnings, seconded by Alderman Fera, that
the ~t/te/nication be referred to the Perking, Traffic & Tourism Study
Oam~ittee. Carried Unanimously.
No. 13 - St. Mary' s Ukrainian Catholic Church and St. Peter and St. Paul
Ukrainian Orthodox Church - Re: Flag Raising Cerem)ny. The cu. Aunica~
requests permission of the City to fly the Ukrainian Flag alongside the
Canadian Flag fren January 22 - 29, 1982, in cu,,,emoration Of Ukrainian
IndeEendence which wBs declared on January 22, 1918.
ORDERED on the motion of Alderm~n Fera, seconded by Alderman Baker, that the
request be approved. Carried Unanimously.
No. 14 - The Coat Factory - Re: Business Licence. The commmiOation
requests that the City issue a Hawker and Pedlar Licence for the year 1982
for the purpose of retail outerwear sales.
In response to a number of questions raised, the Deputy Clerk advised
that a licence bed been issued in 1981 to the firm for a one-day sale held
in November. Now that the firm wanted to hold a n~ber of sales, the Deputy
Clark felt a decision should be nmde by Council m whether or not a licence
should be issued. Since the firm would be in direct oa,~etition with local
re~ lars, and since the fire would rDt be paying business tax, the Deputy
Clerk felt the licence should not be issued. Alderman Merrett stated that
if the firm wanted to open a local clothing outlet, the City ~ould ~lccme a
new business. In view of the nature of the sales suggested by the firm, the
Alderman agreed that the licence should not be issued.
FOllowing further oa,.,ent, it was moved by Alderman Merrett, seconded by
Alderman Cheesman, that the otlat,tuniOation be received and filed, the licenee
denied, and further that the (~lmber of C~,.~erce be advised of Council's
action in the matter. Carried Unanimously.
No. 4 - Acting Administrator - Re: Ontario Hydro Licerice - Memorial School.
The report recu,.tends passage of a by-law authorizing the execution of a
licence agreenent with On~_a~io Hydro for use of property adjacent to the
former Memorial School for parking purposes.
ORDERED On the motion of Alderman Merrett, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
See By-law 82-1
No. 5 - Deputy City Clerk - Re: Restricted Area By-law 81-208 - Proposed
MOtor Inn West Side of River Road between John end Philip Streets. The
report advises that as a result of circulating the Subject by-law, two
obJetio~s have been received.
Mr. A. Smith, a resident of t_he ares, indicated that he ~ae cl~x~sed to
the wordin~ of the by-law as it related to the n~nber of units to be
~ermitted, the ntm~er of Ferking spaces to be provided for patro~s of the
~Lor inn, and the provisic~ in the by-law that would permit the
cmetructicll of a af~Lel ~1 the west side of River Lane.
Alderm~ Baker suc3gested ttmt the totter he tabled and referred to the
Planning & Devel~la,~t ~,e,~%ttee in an effort to resolve the ~ut~laints
without the necessity of an Ontario MuniciE~l Board hearing,
- 12 -
AldeLnnn Puttick suggested that the by-law as presently written should
be withdrawn and revised so that it reflects the decision of the Ontario
Municipal Board. Since the present by-law could result in another O.M.B.
hearing, the Alderman felt it should be revised to meet the provisions of
the Board' s original decision.
The Deputy Solicitor indicated that if Oouncil wished to try and resolve
the objections, the appropriate course of action would be to table the
matter end refer it to the Planning & DeveloFment CfaL,,~ttee. Additional
information was provided in response to questions raised.
Following further ccement, it w~s moved by Alderman Baker, seconded by
Alderman Orr, that the report be tabled and referred to the Planning and
Develol=aent Contnittee. Carried Unanimously.
No. 6 - Deputy City Clerk - Re: AM-4/81, Objection to Zoning Amendment
By-law No. 81-283 - Proposed Greek Cultural Centre. The report advises that
as a result of circulatiP~ the subject by-law, one letter of objection has
been received.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman,
that the Acting Administrator contact the solicitor for St. David' s Sand and
Gravel Limited in an attempt to resolve the objection, and further that the
objection be referred to the Ontario Municipal Board if it cannot be
resolved. Carried Unanimously.
No. 7 - Acting Administrator - Re: AM-20/81, Hunger Hut Deli Inc., 5448
Victoria Avenue. The report rec~,.Lends approval Of the application to
permit the enclosure of an existing porch to be used as a foyer for a
restaurant in a building previously used as a single family bane.
ORDERED on the motion of Alderman Fera, sec<~nded by Alderman Orr, that the
report be received and adopted. The motion Carried with Alderman Chee~an
voting contrary, and all others voting in favour.
See By-law 82-3
No. 8 - Acting Administrator - Re.- Niagara EscarEment Proposed Plan Hearings
and T.G. Bright Company Proposal. The report recommends: 1) That the
Planning and Develol~nent CuLslattee consider the proposal of the T.G. Bright
CO. for deleting certain lands from the Niagara Escal'~'ent Cu~,,dssion
planning area at its meeting of January 20, 1982; 2) That the
recu~,lendations of the Planning and Develofalent C~mattee regarding said
proposal be forwarded to Council on January 25, 1982 for subsequent
transmittal to the Region and the Niagara Esca~a~ent Hearing Board; and 3)
That the City's sulm%ission at the Niagara Es~t hearing on Wednesday,
January 13, 1982 be qualified by indicating that specific recommendations
concerning the T.G. Bright Co. lands will be submitted to the Hearing Board
at a later date.
ORDERED On the motio~ of Alderman Puttick, sec<mded by Alderman Baker, that
the re~ort be received and adopted. Carried UnanimDusly.
5]0. 9 - Deputy City Clerk - Re.- Objections to Zoning Amendment By-law
81-179'. The report advises that as a result of circulating the subject
by-law, five letters of objection have been received.
ORDERED On the motion of Alden~en Baker, seconded by Alderman Cheesman, that
Council re-affirm its support of By-law 81-179 as passed, and that the
objectteas be referred to the Ontario Municipal Board. Carried
Unanimously.
NO. 10 - Acting Administrator - Rel Request for Release, Lalenant Road, Lot
176, Plan M-29. The report reua,~,ends passage of a by-law authorizing a
release of Lot No. 176, Plan M-29 frcm the provisions of a subdivision
agreement betwee1 the City and Taro Properties Incorporated dated November
20, 1974 and amended by an agreement dated August 29, 1975.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cunmlngs,
that the report be received and adopted. Carried Unanimously.
See By-law 82-3
e , The re~ort recG~nds passage of a by-law
authorizing e relsaes of Lot 29, Plan M-14 f~fa~ the provisions of a
subdivision agreement between the City ~nd Paramount Properties C~any
dated August 6, 1974.
ORDERED On the motion of Aldernmn Cheemmn, seconded by Aldenan Cummings,
that the re~3rt be received and a~opted. Carried Unanimously.
See By-law 82.4
- 13 -
No. 12 - Acting Administrator - Re: Naming of Park in Mount Forest
Subdivision. The report recommends that Council consider the selection of a
name for the Mount FOrest Subdivision park.
Alderman Janvary felt that this matter should not be dealt with until
such time as the Civic Month Oa,,,.i ttee had prepared a policy for the
consideration of Council, on the criteria to be used in the naming of parks
and facilities.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cunmtings,
that the matter be tabled pending receilYc of a report from the Civic Month
Conmittee. Carried Unanimously.
No. 13 - Acting Administrator - Re: Request for Building Permits, Misener
Road and Biggar Road Area. The report recu,s~ends passage of a by-law to
authorize agreements respecting the issuance of building permits, if Council
is agreeable to approving the request of Slovak, Sinclair & Cr~we for the
issuance of building permits for the construction of a single family
detached dwelling on each of the parcels of land designated as Parts 1, 2
and 5 on Reference Plan 59R-2628.
In response to a n~nber of questions raised by Alderman Schisler, ~ayor
Th~L~on advised that building permits had bean issued by the City for two
parcels, based on a similar request for building permits in another part of
the former Willoughby Township. Upon checking the records, it was found
that the permission [[rented at that time did not include the subject lots.
Permits ware now being requested for the remaining three parcels. The
Deputy Solicitor provided additional information on the matter.
FOllowing further cuL,Lent, it w-cu] moved by Alderman Cunlulngs, seeded
by Alderman Merrett, that the report be received end adopted. The motion
e~ried with the following vote:
)%YE: Aldermen Chee~an, Cunmings, Dilts, Fera, Baker, Janvary, Merrett#
Orr and Puttick.
NAYE.- Aldermen Schisler and Sc~erville.
See By-law 82-5
No. 14 - Acting Administrator - Re: Tax Grants for the Rainbow and Whirlpool
Rapids Bridges. The report advises that the City anticipates receiving an
amount of approximately $140,000 in 1982 as a grant for taxes frcxn the
Province.
ORDERED on the motion of Alderman Ctmmlings, seconded by Alderman Baker, that
the report be received and filed. Carried Unanimously.
No. 15 - Acting Administrator - Re-' Temporary Sorrowing for Currant
Expenditures for 1982. The report rec~,,,ends passage of a by-law to
authorize the holTowing of $7,000,000 for current expenditures for 1982.
ORDERED on the motic~ of Aide Chees~an, seconded by Alderman Fera, that
the report be received and adc~3ted. Carried Unanimously.
No. 16 - Acting Administrator - Re-' ~Municipal Accounts. The report
reoaL.Lends pal~ment of the nunicipal accounts.
~,dditional information was provided on Cheques #7274, #7304, #7329,
#7351, and #7425 in response to a number of questions raised by Aldermen
Ctmlatngs, Dilts, Puttick and Orr.
In response to a questien raised by Alderman Cunmdngs, the City
Treasurer advised that Cheque #7340 was for the purchase of fourteen city
directories to be used by various City departments. Aldei~nn C~L,angs
suggested that staff investigate the possibility of reducing the nunher of
directories presently used.
With respect to Cheque #7205, the City Treasurer advised that the amount
of $222.50 was for payment of a four gallon case of motor oil for the Fire
Department. Alderman Baker stated that the cost worked out to be
approximately $14.00 per quart for the oil, and he felt this cost was
excessive. It ~as moved by Alderman Baker, seconded by Alderm~n Cheesman,
that a report be prepared with respect to Cheque #7205. Carried
u mumly.
Alderran Puttick questicmed Cheque #7270, which was ~e~ment to the
Promotions a Facilities Coordinator for office supplies and lunche~a
Alderman C~nings questioned why one of the cheques contained in the
by-law had been paid prior to approval by Oouncil. The City Treasurer
advised that certain cheques are paid prior to approval of the accounts
by-law by Council, such as certain contractual payments, utility bills where
discounts are involved, etc. In the case of Cheque #7205, the City
Treasurer advised that the Cheque w~s issued in response to a special
written request by the Fire Department.
Alderman Dilts felt that Council, through c~e of its standing
cuL,,~ttees, should review the City's purchasing procedures, so that all
departments go through the Purchasing DeEklrtment when making purchases. The
Acting Administrator advised that a report is beirK3 prepared for su~nission
at an upccming Finance Conmittee meeting.
Following further oal~L~nt, it was noved by Alderman Cheesman, seconded
by Alderman Fera, that the report, as amended, be adopted. The notion
Carried with Alderman Merrett abstaining on a conflict of interest, and all
others voting in favour.
No. 17 - Acting Administrator - Re: Appointment of City Solicitor. The
report recuL,~ends that Oouncil's decision of September 14, 1981, appointing
Mr. Edward P. Lustig to the position of City Solicitor for the City of
Niagara Falls, effective Febpmry 1, 1982, be ratified by passage of the
appropriate by-law.
In response to a question raised by Alderman Puttick, the Acting
Administrator advised that the salary for the position was that provided in
the existing salary schedule for non-union employees, which was in
accordance with the action taken by Oouncil with respect to the Thorne
Stevenson and Kellogg study.
Alderman Puttick stated it ~as his understanding from the Thorne
Stevenson and Kellogg study that the salary for this position should be
lower than what w~s provided in the existing salary schedule. For this
reason, the Alderman felt the report should be tabled and clarification
obtained c~ the salary to be paid for this position. Mayor Thcmson stated
that sinca Council had decided to retain the existing salary schedule, the
salary for the new City Solicitor would have to be in accordance with the
existing salary schedule. Tba Mayor felt it would be unfair for Council to
treat o~e employee differently than o~hers.
Alderman Puttick questioned the value of the Thorne Stevenson and
Kellogg study if Council did not follc~ the salary recemBndations made by
the consultant. Alderman Dilts indicated that he ~3uld have to vote
contrary to the report since the reecamendation would be going against what
had been reoa~rended by the professionals with resE~ct to the non-union
salary schedule.
Alderman Baker noted that with the approval of a subsequent report
dealing with the re-organization of the Legal Department, the City would
I'provide the City with an exceptional department, and still realize a savings
in the salaries presently paid.
Alderman Cheee~an pointed out that the rec(mmendations adopted by
Council with respect to the Thorne Stevenson and Kellogg study were only an
interim measure, and that the entire report would be dealt with in
cu~junction with the 1982 salary discussices for nc~-union employees.
Following further discussion, it ~as moved by Alderman Ckmm~Ings,
seconded by Ald~ Orr, that the report he received end adopted. The
motion Carried with the following vote~
AYE~ Alden Chessman, C~dngs, Fera, Baker, Janvary, Merrett, Orr,
8chisler and Sc~erville.
NAYE~ Aldermen Dilts and Puttick.
No- 18 - Acting Administrator - Re~ ~e-organization of the City Solicitor' s
Department. The report reo~,,,eras that in conjunction with the proposed
re-organization of the City Solicitor's Department to take effect on
February 1, 1982, Mrs. Ruth Kallaur he appointed to a newly created position
of Secretary/Legal Clerk and that the p3eition be classified in SEC 4 of the
Executive, 8ul0ervisory and Secretarial Salary Schedule and that Mrs. Kallaur
he placed in Step 5 - $17,465.00 (1981 rates).
ORDMD c~ the motien of Aldermen Merrett, seconded by AlderRmn Baker, that
the report he received and adopted. Carried Unanimously.
- 15 -
No. 19 - Acting Administrator - Re: Thorne Stevensm and Kellogg Report.
The re~ort recommends that the positio~ of Director of Buildings &
Inspections be reclassified to Level ES 11 (1981 - $30,990 - $35,1150) and
that the incumbent be placed in Step 4 retroactive to July 1, 1981; and that
the position of Secretary to the Mayor be reclassified to Level ES 1 (1981 -
$19,080 - $21,600) and that the incumbent be placed in the Job Rate -
$21,600 retroactive to July 1, 1981.
Alderman Puttick indicated that be w~s ubposed to the recomnendations in
the report since be felt it had not been proven that there had been a
substantial increase in ~Drkload in all cases. The Alderman also felt it
w~s Unfair to make the recu,,,endations retroaotive to July 1981, since this
would mean a second increase in 1981.
Mayor Thcmson felt the recu~,~endations were justified in both cases,
since both persons have experienced a substantial increase in workload. The
two positions involved were discussed within the existing salary schedule.
Alderman Fera cd,,~ented that in the case Of the Director Of Buildings &
Inspections, the workload had increased prior to July 1, 1981, and be
suggested that it could be considered unfair by ~nly giving retroactive pay
to July 1, 1981.
Following further ocmm~_nt, it was mDved by Alderman Cheesman, seconded
by Alderman Orr, that the report be received and adopted. The nrfcion
Carried with the following vote:
AYE: Aldermen Chee~an, C~m.:ngs, Fera, Baker, Janvary, Merrett, Orr,
Schisler and Somerville.
NAYE: Aldermen Dilts and Puttick.
No. 20 - ACting Administrator - Re: River Road Waterm~n ContraCt. The
repart rec~.~ends that the extra monies required to finance the River Road
Watermain contraCt be obtained frc~n the following sources - $45,393.25 from
Contributions to Capital Spending - Water Fund ACcount; and $8,764.87 from
the Surplus in Watermain Improvements - Water Fund Account.
ORDERED on the motion of Alderman Cunm~ngs, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 21 - Acting Administrator - Re.' Perking on St. Paul Avenue. The report
rec~'~nds that the Region be requested to prohibit parking c~ the westerly
side of St. Paul Avenue across the frontage of the Stamford Presbyterian
ORDERED On the motion Of AlderKen C~gs, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
No. 22 - Municipal Parking & Traffic Ccem~ittee - Re.' Downtown Perking
Prohibitions. The report advises that until certain problems related to
parking in the erea of the Poet Office prior to 9:00 a.m. are resolved, no
parking violatien tags will be issued for this offence.
Aldek'aen Merrett stated that thQ Conmittee has decided to suspend
enforcement of the 7:00 - 9:00 a.m. parking prohibiticn until this problem
has been discussed with the Downtown Board of Management end a solution
found to the situation. The Alderman advised that certain busineses in the
Downtcwn erea Open prior to 9:00 a.m., and the Conmittee wants to determine
the effeCt of the early two hour prohibitien en these businesses.
Additional information w~s provided respecting enforcement of parking
regulatic~s in the Downtown erea by the C~ama ssionaires in response to a
questioa raised by Aldef,,nn Cu~nings.
ORDERED on the motion of Alden,en Merrett, secoaded by Alderman Orr, that
enforcement of the two hour parking prohibition between 7:00 a.m. end 9:00
a.m. be temporarily suspended subject to further discussions with the
Downt(~n Board of Management. Carried Unanimously.
No. 23 - Acting Administrator - Be: Automatic Fire Alarm Protectira for City
Buildings. The re~ort reo~mends that Council authorize the purchase of the
existing alarm systems in City Hall, Parking Garage, Provincial Court House
and the Lundy's Lane Historical Muse~Fa at a cost Of $6,053.00, end that the
City enter into a maintenance agreement with A.D.T. Security Systems at an
annual cost of $1,075.00 for a term of three years.
ORDERED ce~ the motic~ of Alderman Cun~llngs, seconded by Alderman Fera, that
the report be received and ~ ~ed. Carried Unanimously.
No. 24 - Acting Administrator - Re, Buildings and Inspections Department
Report f~r December 1981. T~e report pk~vides Currant news relative to
permit statistics~ develolm~ent profxJeals and other noteworthy data that has
emerged during the period covered.
ORDERED on the motic~ of Alderr~n C~,,,angs, seconded by Alderman Baker, that
the rem0Et .JJ received and filed. Carried Unanimously.
- 16 -
No. 25 - Acting Administrator - Re.' Niagara Falls Arena Floor Scrubber. The
report recu,,L'ends that City Council authorize the purchase of a
Convertamatic Floor Scrubber/Polisher; four 6-volt batteries and one battery
charger at a cost of $4,740.00 plus tax of $331.80.
ORDERED c~ the motic~ Of Alderman Fera, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 26 - Acting Administrator - Re: Board of Management for the Downtown
Business Inprovement Area. The report recomnends passage of two by-laws to
provide for the term of office and qualificatifm of members of the Board of
Management for the Dcwntown Business I~provement Area and the appointment of
the present members.
ORDERED On the motion of Alderman Baker, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-laws 82-8
and 82-9
No. 27 - Acting Administrator - Re: Bill 142, An Act to Amend the Assessment
Act. The report provides information c~ the subject legislation.
ORDERED o~ the motic~ of Alderman Chessman, seconded by Alderman Schisler,
that the report be received and filed. Carried Unanimously.
No. 28 - Acting Administrator - Re: Bill 157, An Act to Provide for the
Licensing of BUsinesses. The report provides information on the subject
legislation, and advises that a subsequent report will be submitted to
Council regarding the types of businesses it wishes to license.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cunmings, that
the report be received and filed. Carried Unanimously.
No. 29 - Acting Administrator - Re: Report of the Provincial Task Force on
Vandali~n. The report rec~m~_nds that the synopeis of the Provincial Task
FOrce Report on Vandalism be referred to Council for information, and that
the SOcial Planning Council also be provided with a copy of the report and
its statements.
ORDERED on the motion of Alderman Ommings, seconded by Alderman Somerville,
that the report be received and adopted, and further that a copy be sent to
the Local Council of Women. Carried Unanimously.
No. 1 - C~RF.qMAN - DILTS - RESOLVED that a message of condolence be extended
to the family of the late Mr. Harold Dickson, who passed away on January 2,
1982. Mr. Dickson cc~mBnced his duties with the Municipality on April 1,
1932, was appointed Deputy Clerk-Treasurer on October 1, 1946, City
Treasurer on July 1, 1955, a position be held until his retirement on June
11, 1969; A highly respected member of the eaL.~unity and dedicated municipal
employee; AND the Seal of the Corporation be hereto affixed. Carried
Unanimously.
No. 2 - CUMMINGS - DILTS RESOLVED that a message of condolence be extended
to the'family of the late'Mr. Peter Lc~g, a respected member of the
cuL,,unity who was active in pz~,utlng end improving sports for the youth of
Niagara Falls; AND the Seal of the Corporatim be hereto affixed. Carried
Unanimously.
ORDERED on the nunion of Alde~,(~n Baker, secoaded by Alderman C~eesman, that
leave ~ g~t~ ~ ht~ ~ foll~ ~la~, ~ ~ ~-la~ ~ red
a first ~
~. 82-1 - A ~-1~ ~ au~orize ~e ~uti~ of a li~ ag~t ~
~t~io ~o.
No. 82-2 - A ~-1~ ~ md By-l~ ~. 79-2~, ~ ~d~. (~-20/81)
No. 82-3 - A ~-law ~ au~ori~ a release. (~l~t ~d)
No. 82~ - A ~-1~ ~ au~orize a ~lese. (~ ~es~t)
No. 82-5 - A ~-law ~ au~orize a~ re~ ~ iss~ of
~ild~g ~ ~r ~e 1~ ~ ~ of ~ship ~ 2,
~si~ 1 ~ ~ foMr ~p of ~l~d, ~ ~ ~ City
of Niag~a ~lls, dei~t~ ~ P~ 1, 2 ~d 5 on
PI~ 59R-2628.
No. 82-6
No. 82-7
- 17 -
- A By-law to authorize the borrowing of $7,000,000.00 for current
expenditure for the year 1982.
- A By-law to apE~int Edward P. Lustig City Solicitor.
No. 82-8 - A By-law to amend By-law No. 72-179 to establish a Board of
Manageneat for the Downtown Business Inprovenent Area.
No. 82-9 - A By-law to amend By-law No. 80-261, providing for appointments
to certain Boards, Cul,~assions and C~,~L&ttees.
No. 82-10 - A By-law to amend By-law No. 79-197 concerning the appointment
of members of the Niagara Falls HydroElectric Comnission.
No. 82-11 - A By-law to provide monies for general purposes.
Carried with
Alden Schisler
and So~_rville
voting contary on
By-law 82-5,
Aldermen Dilts
and Puttick
voting contrary
on By-law 82-7,
and all others
voting in
favour.
ORDERED on the motion of Alderm~n Fera, seconded by Alderman Orr, that the
foll~ing by-laws tm now read a second and third time:
No. 82-1
No. 82-2
No. 82-3
No. 82-4
No. 82-5
- A By-law to authorize the executic~ of a licence agreeneat with
Ontario Hydro.
- A By-law to amend By-law No. 79-200, as amended. (AM-20/81)
- A By-law to authorize a release. (Lalemant Road)
-A By-law to authorize a release. (Rainbow Crescent)
- A By-law to authorize agreements respecting the issuance of
building permits for the lands in pert of Township Lot 2,
Concessio~ 1 in the former Township of Crowland, now in the
City of Niagara Falls, designated as Parts 1, 2 and 5 on
Reference Plan 59R-2628.
No. 82-6
No. 82-7
No. 82-8
No. 82-9
- A By-law to authorize the bo~,r[owing of $7,000,000.00 for
current expenditures for the year 1982.
- A By-law to appoint Edward P. Lustig City Solicitor.
- A By-law to amend By-law No. 72-179 to establish a Board of
Management for the Downt(wa Business Inprovement Area-
- A By-law to amend By-law No. 80-261, providing for appointments
to certain Boards, C~a~r.~ssio~s end C(mmittess.
No. 82-10 - A By-law to amend By-iM~ No. 79-197 concerning the appointment
of members of the Niagara Falls HydroElectric C~L,a~.~ssion.
No. 82-11 - A By-lawto
provide monies for general purposes.
Aldermen Schieler
and Somerville
c~ By-law 82-5,
Aldermen Dilts
and Puttick
o~ By-law 82-7,
and all others
- £8 -
SIGNS - NIAGARA FAT.Lq MI~/IOR,T,,~d~ M
Alderman Orr advised that when a person leaves the elevator cn the ~pper
level at the Niagara Falls MemDrial Arena, they are faced with three blank
doors. The Alderman suggested that a sign be erected directing patrons to the
viewing area at the Arena.
It was moved by Alderman Cheesman, seconded by Alderman Baker, that the
meeting adjourn. Carried Unanimously.
READ AND
MAYOR V~XNE THOMSON
Council Chambers
January 18,. 1982
SPECIAL
Council met on Monday, January 18, 1982, following a General Cc~mittee
session. All Members of COuncil were present. His Worship, Mayor Thc~son
presided as Chairman.
RATIFICATION OF G~qERAL ~'ri'~:~: D~CISIONS
Report No. 30 - Acting Administrator - Re: Bambi Estates Subdivision. The
report recu,,Lends that Council determine if the existing policy relating to
the provision of letters of clearance for the Bambi Estates Subdivision
should be changed, and if so, which of the various alternatives suggested
regarding the oc~oletion of the subdivision should ke adopted.
ORDERED on the motira of Alde~n~n Dilts, seconded by Alderman Baker, that a
special u~,l,~ttee be eetablished to deal with the Bambi Estates Subdivision,
that residents from the subdivision appoint representatives to serve c~ the
ccaLmLdttee, end that a meeting of the cc~nittee be scheduled for Thursday,
January 28, 1982. Carried Unanimously.
NOTE: Aldermen Cheesman, Dilts, Baker, Merrett, Kerio and Puttick offered
to serve on the cuL.~Httee.
CoMmunication No. 15 - Greater Niagara General Hospital - Re: Extended Care
Beds. The c~a~,~unication requests that Council endorse a request to the
Minister of Health for the provision of additic~al extended care beds in
Niagara Falls.
ORDERED on the motion of Alderman Dilts, seconded by Alde Baker, that
the request be approved.
Bee Resolution No. 4
Paport No. 31 - Acting Administrator - Re: Proposed Closing of Part of
Lane~ay Running Between Buckley Avenue and St. Lawrence Avenue, end Request
of Mr. I. Milchberg. The report reoamends that Council hear those persons
who wish to register their objections against the closing of the lase~ay.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that
the laneway retain open. Carried Unan/mously.
C~,u~unication No. 16 - Mr. D. Chalmmn - Re~ Proposed Water Slide, Lundy's
/~ne end Q.E.W. The ~,,unication requests permissic~l to cbtain a
foundation permit prior to tha approval of a site plan by Council.
ORDERED On the motion of Alderman Dilts, seccmded by Alderman Baker, that
approval of the project in principle be granted. The motic~ Carried with
Aldermen Janvary and Orr voting contrary, ~d all others votin'~'~"favour.
Report No. 32 - Finance Oa~,mLttse - Re~ ~ue Line l~3om - Niagara Falls
MemOrial Arena. The report rec~,,,ends that: 1) The Greater Niagara Minor
Hockey ASsociation be designated the charitable organizaticn to assume the
responsibilities of obtaining the necessary permits to operate the Blue Line
Noon and that the ASsociation be paid $250 on a monthly beeis retroactive to
October, 1981; and 2) That the Blue Line Room not be operated for the Junior
"B" grabs.
ORDERED on the n]~tica% of Alderman Dilts, seconded by Alderman Baker, that
the Blue Line R0cm continue to be (~oerated for Junior "B" games for the
remainder of the seasera, end that the report, as amended, be adopted.
Carried Unanim~sly.
Week. The ~,,,unicatim requests tha January 25 - 31, 1982, be
prcolatmed as Jaytee Week in Niagara Falls.
ORD~D c~ the m0tiun of Aldenran Dilts, escunde~ by Alderran Baker, that
the request be sloproved subJeot to eetablished policy. ~ried
Unan/mouslyo "
-2-
Cu,u~nication No. 19 - Niagara Falls Jaytees - Re: Special Occasion Permit.
The ccFamulication requests alDproval Of a special Occasion permit for a Monte
Carlo Event to be held at the Union Centre on January 29th and 30th, 1982.
ORDERED on the motion of Alderm~n Dilts, seconded by Alderman Baker, that
the request be approved subject to established policy. Carried
uesly.
Conmunication No. 20 - Ministry of Municipal Affairs and Housing - Re:
Ontario Neighbourhood Inl3rovement Program, Applicatic~ for the 1981-82
Fiscal Year. The c~L,Lunication advises that the Ministry is unable to
allocate funds to the City under the Program for the 1981-82 Fiscal Year.
ORDERED on the PxTtion Of Aldermmn Dilts, seconded by Alderman Baker, that
the c~tu(unication be received and filed. Carried Unanimously.
CommlD/cation No. 21 - Ontario Good Roads AssOciation - Re: Management
Course for Municipal Engineers. The cu,m,unicaticn advises that the
Association will sponsor a ~nagement course for Municipal Engineers at the
Sundial Motor Inn in Orillia from March 28 - 31, 1982.
ORDERED on the motion Of Alderman Dilts, seconded by Alderman Baker, that
the Director of Municipal Works be authorized to attend. Carried
Unanimously.
Report No. 33 - Finance Committee - Re: Niagara Frontier Humane Society.
The report recommends the approval of the sale of dog licences at the
outlets suggested by the Humane Society, with a progress report on the
program to the Finance C~r~ttee in June, 1982.
ORDERED On the m3tion of Alderman Dilts, seconded by Alderm~n Baker, that
the report be received and adopted. Carried Unanimously.
Report No. 34 - ACting Administrator - Re: Review of Current Insurance
Coverage. The report rec~L.aends that the Niagara Falls Insuranca Brokers
Associatio~ be asked to carry out a co~olete survey and appraisals of
nunicipal properties and equilment and submit to the Financa Ccm,~ittee a
proposal for amending ooverage.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
RESOLbTIONS
No. 3 - MERR~'IT - ORR - RESOLVED that the Niagara Falls Jaycees be granted a
Special Occasion Permit in conjunction with their Monte Carlo event to be
held ou Friday, Janu~f 29th, 1982, and Saturday, January 30th, 1982, at the
Niagara Falls Union Centre, subject to the approval of the Niagara Regional
Police Department, the Niagara Falls Fire Department, the Niagara District
FaMlth Unit and the Liquor Licensing Board of Ontario; AND the Seal of the
Qorporatiou be hereto affixed.
Carried Unanimously
No. 4 - CHEESMAN - CUMMINGS - RESOLVED THAT WHERFAS the City of Niagara
Falls has been eEperiencing a serious shortage of extended ~re beds as
docunented in the Spring of 1981, and subsequent to an exhaustive needs
study confirmed by the DistriCt Health Council in November, 1981, the
District He~!th Council reoa~,~ended to the Minister of Health that there is
an inmediate need in the eastern part of the Niagara Region, Niagara Falls
area, to provide an additional 75 extended care beds in addition to those
beds that currently exist;
AND e the Needs Study ale<) made a series of cbservatione that at least
50% of the additional beds should be o£ the hea~y extended care category;
AND M~]~AS the above clearly de~mstrates a significant need for additional
nursing care beds in Niagara Falls~
THEREFORE BE IT RESOLVED that Council e~dorse and urge the Minister of
Health to act ou the reo~a,,endatiou of the District Health Council
im~ediately; A~D the Seal of the ~orporation be hereto affixed.
carried Unanimously
Alderman Cunmings presented a letter f.L,..e~ Mr, A. Guyatt o~,,~.~tlng eel
the city's recent establie~.fent of an Auditing Cc~nittee. It was moved by
Alderman Cheam~an, seecraed by Aldernmn Merrett, that the letter be referred
~o the Finance C~,{ttee. Carried Unanimously.
-3-
[~ja~,.LNG AT B~OCK UNIVERSITY - POLLUTION OF NIAGARA RIVER
Alderman Cheesman informed members of Council of a meeting to be held
on Tuesday, February 9, 1982 at Rrock University regarding pollution of the
Niagara River.
PRESS COVERAGE - MUNICIPAL REVIEW AND FORECAST
Alderman Janvary o~t,~nted on the press coverage of the recent
Municipal Review and Forecast given by Mayor Thomson at the last meeting of
Council. Mayor Thc~on indicated that he ~nuld be ~eeting with officials of
the Niagara Falls Review on this matter, and would report back to Council.
It w~s moved by Alderman Cheesman, seconded by Alderman Marrett, that
the meeting adjourn. Carried Unanimously.
MAYOR, ~ THOMSON
CO~[4ITr'~:~: OF THE WHOLE
Committee Room #1
January 25, 1982
COuncil met on Monday, January 25, 1982 at 7:15 p.m. in Committee of
the Whole. All members of COuncil were present. Alderman Chessman presided
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
MAYOR W~YNE THOMSON
COuncil Chambers
January 25, 1982
Council met on Monday, January 25, 1982 at 7:30 p.m. for the purpose
of considering general business. All members of COuncil were present. His
Worship, Mayor Themsin presided as Chairman. Alderman Dilts offered the
.Opening Prayer.
Alderman Chessman requested that the time of his arrival at the m~eting
on January 12, 1982, be shown at the beginning of the minutes.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman,
that the minutes of the meeting held on January 12, 1982, be adopted as
amended, and that the minutes of the meeting held on January 18, 1982, be
adopted as printed. Carried Unanimously.
PRESENTATION OF ~PLIE AWARD6
NIAGARA F;~I.r,~ Y(N31~ SOCC~K CLUB
Mayor Thc~c~ presented Achievement Awards to the members o£ the
Club) for winning the Ontario Cup Championship "Major Mosquito" Division
Bo~ne's/Dionne's Squirts aoccer team for winning the Ontario Cup, Squirt
Division in Etobicoke Stadit~n during September.
CHIPPAWABOvKATORSPEEWEEBASEBALLTFAM
Chippawa Bukators Pee Wee Baseball Team for winning the Ontario Baseball
AsSOciation Provincial Championship, Pee Wee in Baptenber of 1981.
-2-
far as possible as a means of delineating the escartxnent planning area, but
that the Niagara Escarl~ent Cohesion make any appropriate adjustments to
the Escar~rent Plan on the general lines of T.G. Bright's proposal after
further technical study of the T.G. Bright' s O~. lands topography,
relationshiPs to the Escar~t, buffering provisions and so forth.
In response to the reasons put forward by the T .G. Bright Co. for
removal frcm the Escar~t Plan, Alderman Baker indicated that he did not
feel it was up to the City to decide Whether or not the Company' s lands
contained any escar~eent features. The Alderman suggested that the purpose
of the hearing w~s to determine Whether or not the lands should ~e a Fert of
the Escartrent Plan, and the City did rK)t have the expertise to make this
determination- With respect to the suggestion by the Company that it would
be difficult at a later date to develop lands which were a part of the
Es~t Plan, Alderman Baker felt it w~s unreasonable to ask the
Cr~r~ssion to relinquish control over certain lands because there could be
difficulties in developing that land at a later date.
Alderman Fera pointed out that the reconmendaticn was not requesting
the Cxmmission to remove the lands, but to oonsider the Con]iklnY's proposal
subject to further discussions between the Con~nission and the Region.
Alderman Schisler advised that he felt Council should maintain support
for Mountain Road and the urban area bournsty as the l~mit of the Escarpment
planning Area. The Alderman pointed cut that regardless of whether Council
reconfirmed its present position, or followed the reoommendation of the
planning & Develolment Comnittea, the option w~s still available to the
Cog~ny to approach the C~ssicn ar~ request the removal of its lands from
the Escarl~nt Plan.
Aldermen Puttick felt that Council should indicate Whether (~ not it
approves of the Company's request before the matter is considered by the
~egion. The Alderman suggested that if Council was not in fayour of the
develoim~_nt of these lands, there would be no point in the Company making an
approach to the Region and the Commission.
The planning Director indicated that the C~ttee's reeonmendation did
give a fair measure of support to the Company' s prolx~sal without specifying
an actual boundary line.
Mr. A. Goat was granted permission to address Council on behalf of the
T.G. Bright C~mpany, on the motion of Alderman Chessman, seconded by
Alderman Cur~nings. Mr. Goat indicated that the Co~y ~as requesting the
support of the City to allow an approach to be made to the Cu~,f.~ssicn and
the Region to have the boundary line moved further north from Mountain ~nad
than it presently exists. Mr. Goat indicated that the lands in guestion
-coatsin no east features, and the Conloany feels that the lands should
not be included in the Esoa~H~ent Plan. It was pointed out that the hearing
will be the last opportunity for the matter to be heard, and Mr. Goat stated
that the Company w~s simply requesting an upportunity to make a presentation
at the hearing, to ~ave the lands removed now.
Foli~Ning further discussion, it was moved by Alderman Orr, seconded
by Alderman Fera, that the reoa~_ndation of the Planning & Develol~ment
Cc~ttea be adopted. The motion Carried with the following vote:
AYE~ Aldermen Chees~an, Dilte, Fera, janvary, Merrett, Orr, Puttick'-
" Kerrio and Somerville.
NAYS.., Alderram C~mings, B~ker and Schisler.
4755 FIP~qT AVenUE - FO~M~ B~ql~EY'S SPORPIN3 GOOD8
Papor~ No. 35 - A~ting Administrator - The report provides information on
the type of eguilm~nt c%t~re~tly located in the subject building, and advises
that the the solicito~ f~r the ~wner has met with City staff t~ discuss
future use of the property, and tllat a subeequant report on this totter will
be suk~itted for (~neil's (x~mideratim at a late~ date.
In res~xmse to a guestion raised by Alderman Kerrio, Fayor
etated that the soli~itor f(~ the Me~ ~as M a~vised that tl~ z~
-3-
on the property ~Duld only permit residential uses. If the owner were not
satisfied with the City's position with respect to the permitted uses, the
only alternatives open to him would be to take legal acticn against the
City, or suk~it an application for a rezoning of the property.
Alderman Curratings asked if the residents had been permitted to tour the
building during the recent inspection by City staff. Mayor Thc~son advised
that the c~ner had refused a request to allow the residents to tour the
building.
Alderman Cheesman oa~,~ented that the report could give residents the
impression that everything was fine, whe~ in actual fact the owner was
considering alternate uses for the building. The Alderman suggested that
staff monitor the situation closely, and report to Council on any changes
that will he taking place. Mayor Themson indicated that the residents are
very conscious of what is haFpening on the property, and report any new
activity to the City so that staff can go out end investigate.
Area residents again disputed tb~ statement in the report that no
additional equil~ant had been moved into the building. In response to a
question raised, the Deputy Solicitor advised that it would have to he
esstablished that the proPerty w~s actually being used as a warehouse, since
bringing equiEr~nt into a building, in itself, does not necessarily
constitute its use as a warehouse.
The Director of Buildings & Inspections advised that at the present
time, the property is being cleaned up under the Property Standards By-law.
A number of truckloads of refuse had been removed from the property, and the
City is working with the owner to have further i~provemente carried out in
order to bring the property into conformity with minimum standards.
Follc~ring further cerement, it was moved by Alderman Cheesman, seconded
by Alderman Fera, that the report be received end filed. Carried
Unanimously.
COMMUNICATIONS
No. 22 - Regional Municipality of Niagara - Re: Water and Sewage Flows,
November/81. The c~,~mlcation provides information on the water and sewage
flows by ~unicipality for the month of November, 1981.
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that
the (~m~unication be received and filed. Carried Unanimously.
NO. 23 - Ministr~ of Municipal Affairs and Housing - Re: Bill 159 end Bill
194. The cu,',~-~n~cation provides information on the subject Bills and
requests the cc[m~nte Of the ~unicipality thereon.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that
the cu~.~uication be referred to Planning Department staff for study ar~ the
preparation of an information report. Carried UnanimDusly.
No. 24 - City of Welland - Re: Bargaining end Arbitration for Fire
Departments. The cu~nication requests andorsation of a resolution
petitio~ing amendments to the Fire Department Act resFecting bargainin~ and
arbitration for Fire De~t e~ployeas.
N0.25 - Local' 528, Niagara Falls Professional Fire Fighters - Re: City of
Welland Resolution. Tba c~,~unicaticn responds to the resolution from the
City of Welland.
The Personnel Officer advised that the purpose of the first two points
of the resolution, was to give a r~licipality the same rights with respect
to bargaining as are Presently enjoyed by the Fire Fighters Association
under the Fire Depai-~ent Act. With respect to Boards of Arbitration, the
Personnel Officer agreed that the "po01" of arbitrators should be enlarged,
however he did n~t agree that the nominees to Boards of Arbitration
al~x)inted by the 8olicitor-Ganeral's Office, should be limited to the number
of Boards upm which they can sit annually to three. In regard to the Board
of Arbitration giving masons to show that the award is in the interest of
tba public and that it has _t~ken into c~lsideration the local ecQxK~y of the
-4-
nunicipalitY, the personnel Officer advised that although the Board will
give reasorm for its awards, it does not necessarily take into account the
local economy of the ~unicipality. For these reasons, the personnel Officer
felt the resolution should be endorsed-
Mr. W. Greenwoo5 of Local 528, Niagara Falls professional Fire
Fighters, provided additional information regarding the Association's
response to the Welland resolution-
Alderman Puttick felt that rather than e%dorsing the resolution, the
City would be better off havir~ the right of appeal fr~ the decisic~l of a
Board Of Arbitration, and also that it be determined that the persons
serving on Boards of Arbitratic~ are conl0etent to serve in that capacity-
Alderman Cu~gs felt that the fact Welland appeared to be having
difficulty in negotiating with their Fire Department employees, was not
sufficient reason to be asking other ~unicipalities for support of their
resolution. The Alderman felt that if the "pool" of arbitrators was
expanded, there ~ould be no consistencY in arbitration judgenents throughout
the province. Alderman Cu~gs stated that the City had always enjoyea a
go~d working relationship with its Fire Department employees, and he could
sea no reason to support the resolution because of Welland's problens-
Alderman Kerrio indicated that while he ~ in fayour of the majority
of the resolution, he could not support the suggestion that arbitrators be
limited to serving on three hoards per year. AIde Cheesman suggested
that the sections of the resolution be dealt with individually.
It was moved by Alderman Dilts, seconded by Alderman Chessman, that
Council endorse the section of the resolutic~ requesting an amendment to the
Fire Dep~rtments Act to provide that the Fire Fighters Association and the
Municipality be required to ccmnence bargaining in regard to the next
collective agreement no later than sixty days prior to the expiry of the
previous agreement. The motion CArried with AIde Cumnings Voting
contrary, and all others ~Ycing ['fayour.
It was moved by Alderman Chessman, seconded by Alderman Orr, that
Council endorse the section of the resolution requesting an amendment to the
Fire Departments Act to provide that the Municipality as well as the
Association would have the right to ~nence the bargaining process in
regard to the next collective agreement. The motic~ Carried with Alderman
Om~ings voting contrary, and all others ~Ydng in fayour.
It was roDred by Aldernk~n Dilts, seconded by Alderman Baker, that
Council endorse the section of the resolution that every Board of
Arbitration in its majority and minority awards, give reasons shfxwing why
the award is in the interest of the ~blic and that it has taken into
co~siderati(m the local economy of the nunicipality. The motion Carri~..
with Alderm~ Ckm~ings voting contrary, and all others voting in ~avour.
It w~s moved by Alderman Chess~ln, secoaded by AIde Orr, that
Council indicate that it supports an expansio~ of the '~pool" of nominees for
Boards of Arbitration maintained by the SOlicitor General' s Office, but that
it cannot support the establishment of a limit on the number of Boards
which a ~cminea can serve annually. The m3tion Carried with' Alderman
Ckm~ings voting contrary, and all others ~ning ~ur-
No. 26 ' Regional Municipality of Niagara - Faz 1982 Sewer Rates. The
ccmm]nication advises of the 1982 rates for sewage received from area
nEu~cipelities, and of the arrangements for invoicing.
No. 27 - Regional Municipality of Niagara - Re~ 1982 Water Pates. ~he
oa~zzunication advises of the 1982 rates for water supplied to area
m~nieipalities, and of the arrangements for invoicing.
Additional informatic~ was provided by the Director of Municipal Works
regarding the 1982 rates to be charged, and ~ow savings could be achieved
through teaserration. Mayor Tr~ec~ also c(mmented on the reasons f~r the
Region's ~ncrease in rates.
-5-
Following further
Alderman Merrett, that
Unanimously.
No. 28 - Kiwanis MUsic
comment, it was moved by Alde~nan Fera, seconded by
the cc~cations be received end filed. Carried
Festival - Re: FinancialAssistance. The
cc~cation requests that the Council consider hecc~ing patrons of the
Music Festival so that the event will be able to continue to operate at the
standards achieved in previous years.
Alderman Cunmlings stated that the City contributes to the festival
through the Recreation C~ssion, and he hoped that the City would be
considered a patron. Mayor Th~nson stated that the request was specifically
for the members of Council and any other interested persons, not an official
request to the City.
ORDERED on the n~tion of Aldernknn Chessman, seconded by Alderman Orr, that
the cu~,~m_ication be received and filed. Carried UnanimDusly.
No. 29 - Mr. W. MOle - Re: Diving for Dollars. The con~unication requests
that the City endorse the "Diving for DOllars" fund raising project for the
Toronto sick Children's Hospital.
ORDERED on the motion of Alderman C~gs, seconded by Alderman Fera, that
the oa~unication be referred to the Finance Oaa,~attee for consideration.
Carried Unanimously.
No. 30 - Y.W.C.A. of Niagara Falls - Re: Y.W.C.A. Residence. The
c(~cation extends an invi~ to members of Council to participate in
a two-hour workshop to determine the future role of the Residence.
ORDERED on the motion of Alderman Orr, seconded by Alderman Samerville, that
Alderman Janvary, as Council' s representative on the Y.W.C.A. Board, attend
the workshop, and further that as many members of Council as possible
attend the workshop. Carried Unanimously-
No. 31 - Lions Club of Stamford/Niagara Falls Minor HOckey Association -
Re: Advertising in Tournament Program. The comm/n/cation requests that the
City participate in the first Annual Atom Hockey Tournament by purchasing an
advertisement in the Tournament Program.
Mayor ThonBon advised that the policy on advertising in programs
provides that the City can purchase advertising up to a maximum of $125.00.
Since the cost of purchasing a full-page advertisement was only $25.00 more
than what was provided for in the policy, Mayor Thc~son suggested that the
City purchase a full-page advertisement at a cost of $150.00.
ORDERED on the motion of Alderman Dilts, seconded by Alderm~n Merrett, that
the City purchase a full page advertisement in the First Annual Atom Hockey
Tournament Program at a cost of $150.00. Carried Unanimously.
No. 32 - RoTal Canadian Legion, Branch No. 51 - l~e: Thirty-Third Biennial
Convention. The ea~t~anication requests the dse of the Niagara Falls
Memorial Arena for'the subject convention, which will take place frfn
May 13th to 18th, 1982.
Alderman Cu~gs suggested that the Niagsra Falls Visitor end
Convention Bureau be advised of the ccaveetion, in order to offer any
assistance possible to the Legion.
ORDERED on the ~3tioa Of Alderman Dilte, seconded by Alderman (Tneesman,
that the request be granted subject to further discussions with City
officials including financial and other arrangements, and further that a
copy of the oa~,unication be referred to the Niagara Falls Visitor and
Convention Bureau in order to provide assistance to the Legion in the
planning Of their convention. Carried Unanimously,
~E~ORTa
No. 36 - Acting Administrator - Rez AM-6/81, Niagara Battery & Tire, 5293
Bridge Street. The report rec~;.~ends passage of a by-law permitting all of
the lands shown on the schedule, together with an existing garage building
thereon, to be used for the pur[ose of the sale and installation of tires
and bertcries for motor vehicles, passage of a by-law to designate the lands
as a site plan control area, a~d further, that C0~ncil approve the site plan
zzzw
-6-
~ disp]~y ~ing prc~ for the above said use ara filed with the
~uila/n~s & Inspections ~petrt~lt subject to oer~ coD/Litior~.
T~ Deputy SOlicitor ~dvised that mir~T changeS to the draft by-laws
were r~{uire]/n light of the site plans su~xnitted by the applicant. The
zolicit~f for the ar491icant w-as informed that change~ would be necessary,
eu~] that the matter must he deferred for t~o ::~ks.
~ Deputy Cler~ read a letter of objecticn to the proposal received
fr~1n {4r. F. Rafacz, an adjacent property owner. Mr. B. Sinclair, solicitor
f~gf the applicant, advised that with t~e installation of fences, gre~ areas
and uf~rading of the property, the concerns of the dDjector ~}uld subside.
Follo~in~ further comment, it was moved by Alderman Chees~n, ~ed
by ;df/er~en Farrio, that the report be deferred for t~D weeks. Carried
--
~. 37 - Acting Administrator - Re: Cryland By-law Revision. The report
rec~3s that Council adopt a m/nor revision to the Crowlend Are Zoning
By-law 1538-1958 as an interim step in bringing said By-law into co~for~ty
with the Official Plan.
ORDERED on the motion of Alderman Currulings, seconded by Ald~ Baker, that
the report be received and adopted. Carfie] Uneusty.
See By-law 82-20
No. 38 - Acting Administrator - Re: Request for Release, 5970 Belaire
Avenue, Lot 76, Plan N.S. 22. The re~ort recommends passage of a by-law to
authorize a release of Int 76. Plan N.S. 22 from the provisions of a
subdivision agreement between the City end Klydel Holdings Inc. dated
November 1st, 1972 ar~ registered on November 16th, 1972 as Inset
Noo 176349.
ORDD~ED on the r~on of Alderman Chessman, seconded by Alderman Rera, that
the report be received and adopted. Carried Unanimously.
See By-law 82-14
No. 39 - Acting Administrator - Re: Request for Release, 6098 Kalar Road,
Lot 24, Plan N.S. 22. The report reoal,lends ~essage of a by-law to
authorize a release of Lot 24, Plen N.S. 23 frcm the provisions of a
subdivision agreement ~etween the City end Klydel Holdings Inc. dated
November 1st, 1972 and registered on Novemlber 16th, 1972 as Instr~Tent
No. 176349.
ORDFa~D on the motion of Alderman Chessman, seconded by Alderman Fera, that
the report be received and adopted. Carried Uneusly.
See By-law 82-14
No. 40 - A~ting Administrator _ Re: Surplus M.T.C. Property at Southeast
Oorner of Lundy~s Lane and Q.E.W. The report reccememds.. 1) That the M.T.C.
be advised that the Municipality is not interested ~n acquiring the subject
property; and 2) That the B.I.G. ~ncy end a private develcper negotiate
with the M.T.C. for the acquisition of the subject parcel of land.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cu~gs, that
the report be received and adopted. Carried Unan~ly'
No. 41 - Acting Administrator - Re~ Surplus M.T.C. Property at Northwest
COmer Of Lundy's Lane and Q.E.W. The report r~mends tha~ the M.T.C. be
requested to hold the s~bJect parcel of property until the zoning m came
cen be established.
ORDERED on the motion of Alderman Orr, seconded by Aldernkl~ Baker, that t~
report be received a~d adopted. Carried Unan~usly.
No. 42 - Munici~al Works OD~nittee - Re~ Report on Garbage COllection, City
of Niagara Falls. The report reoja~,,ends: 1) That the city continue to use
City employees to provide revised garbage collection service to the City;
2) That the revised collectic~ service provide the same level of service
presently enjoyed by residents of the C~ty; 3) That the equ~Fment Purchase
plan as shoM1 On Schedule "C" be implemented to keep cost increases to a
m/nbman, subject to impleemntatioe~ of the px-o~x3sal by the F/nance C~ttee
c~ the proposed financing of this recc~merr~ation; end 4 ) That staff meet
with representatives fi~. Local 133, C.U.P.E. prior to implementation of ' '
planned tecblogical change in garbage collectic~ service to the City.
-7-
Aldermen Dilte end Puttick were both of the opinion that priority
should be placed o~ the purchase of equil~T~nt in view of the savings that
will be realized through its use.
ORDERED on the rotion of Alderman Puttick, seconded by klderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 43 - Municipal Works C(~ttee - Re: Ontario Good Roads ASsociation
Annual COnference. The report reo3nm~_nds: 1) That three members of the
Municipal Works be authorized to attend the Ontario Good Roads Association
Convention; 2 ) That one ~Eber of Council be authorized to attend the
entire conference; end 3) That as many members of COuncil as Fossible
attend the one-day O.G.R.A. seminar for COuncillors on February 22, 1982.
The Deputy Clerk advised that it was the recomnendation of the
Municipal Works Cc~ttee, that Alderm~n Puttick be authorized t~ attend the
entire conference as Outlined in the second ~dation.
In response to a n~m~ber of questions raised, Alderman Puttick corm~alted
on the advantages of a member of COuncil attending the conference. The
DiirectOr of Municipal Works also provided information on the i~9ortance of
having several ~enbers of the Municipal Works attend the conference.
Following further cfmm~nt, it was moved by Alderman Scmerville,
seconded by Alderman Schisler, that Alderman Puttick be authorized to attend
and that the report be received ar~ adopted. The motice Carried with Alder-
men Qneesman and Cu~gs voting contrary, end all others'~'6~5 in fayour.
No. 44 - MuniC_ipal WorKs Oai,,~ttee - Re: Sidewalks on Thorold Stone Road.
The report reconm~nds that the Regional Municipality of Niagara be advised
that it is the City's intent to complete the sidewalks on both sides of
Thorold Stone Road between the Q.E.W. end the Portage Road/Dr~m~x~nd Road
intersection in the near future, and that in this regard, the Regic~ be
requested to provide at this time sufficient property to acc~ate the
sidewalk works.
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 45 - Municipal Parking & Traffic Committee - Re: Downtc~n Parking. The
report recc~mends that the By-law to prohibit parking downtown between 7:00
a.m. and 9:00 a.m., be rescinded.
Alderman Merrett provided additional information on the tastier in
response to a number of questions raised.
ORDERED On the motion Of Aldernk3n Merrett, seconded by Alderman Jenvary,
that the report be received and adup,~ed. Carried Unanimously.
No. 46 - Municipal Parking & Traffic Cxmmittee - Re: Parking on MOrrison
Street. The report reds that parking be prohibited frc~ the north
side of MOrrison Street, between Erie Avenue and Victoria Avenue from
December 1st to March 3let annually.
ORDERED on the notion of Alderman Merrett, seconded by Alderman Orr, that
the report be received and adopted. Carried U~.n~imously.
No. 47 - Acting Administrator - Re~ Parking on Butler Place. The report
rec~a~ends that parking be r~oved fro the bulb end of the cul-de-sac on
Butler Place.
ORDERED on the motion of Alderm~n Orr, seconded by Alderman Baker, that the
report be received and adopted. Carried Unan/mously.
No. 48 - Finance COnmittee - Re: 1981 Reserves. The report reco~Bnds
passage of a resolutic~ establishing certain reserve for the year 1981.
Additional information was provided by the Director of Buildings and
Inspections regarding building improveme~ts at the Niagara Falls Memorial
Arena in response to a question raised ~f Alderman Orr.
ORDERED c~ the motion of AIdcram Chee~mn, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
No. 49 - Acting A~strator - Re~ Municipal Accounts. The report
re~,,,ends that Oouncil approve the paF~e~t of 6~leque #7205 in the
-8-
amount of $222.50 ~ayable to Kris and Jeff Tanner, and Cheque #7270 in the
anrM/nt of $94.61 payable to B. Lavelie-
The Fire Glief provided additional informatic~ c~ tba purchase of
synthetic motor oil in response to a number of questions r~ised by
Alde/man Baker. It was indicated that a report would be provided c~1 the
results of the City' s experimental use of the synthetic mDtor oil.
ORDERED on the mgticn of Alderman Cheesman, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
No. 50 - Acting Administrator - Re: Municipal ACCOunts- The report
recommends payment of the manicipal accounts.
The City Treasurer and Fire Chief provided additional information
on Cheques #7504 and #7536 in response to questions raised by Alderman 1.
C~gs · 2.
In response to a question raised by Alderman Janvary, Mayor Thc~s(~n 3.
advised that a report is presently being prepared outlining the revenues 4.
and eM~e~ditures for the Niagara Falls Memorial Arena.
ORDERED on the motion Of Alderman Fera, seconded by Alderman Cheesman, that I 5.
the report be received and adopLed- Carried Unanimously. ] 7.
No. 51 - Azting Administrator - Re.' Site Plan Approval - Proposed Niagara i~ 8.
White W~ters Park (Lundy's Lane at the Q.E.W. ). The report ~ds , 9.
approval of the sits plan, subject to certain conditions. i 10.
11.
Mr. G. Reddock was granted permission to address Council on the mgtion~ 12.
of Alderman C~mmings, seconded by Alderman Dilts. Mr. Reddock, a resident I 13.
of the Bambi Estates Subdivision, referred to a statement made at the 14.
previous week' s meeting by Mr. D. ChaFean, that the project was tt~ start o~'. 15.
a ten acre project. Mr. Reddock felt there was mot ten acres available for ' 16.
use unless the developer goes into the development holding land abutting the, 17,
subdivision. Mr. Paddock felt that 0Duncil w-us not obligated to approve an3( 18.
future expansim when they required mejcr planning changes. 19.
20.
Mr. (baTman indicated that the developers presently own ten acres of 21.
land, and develolm~nt will take place on the front 520' of the ten acre 22.
parcel of land. The lands are zoned tourist conmBrcial and do permit the
proposed use. There would be a distance of 812' between the pzoposed ~ 23.
develolxnent and the Bambi SubdivisiOn. An explanation Was provided of the 24.
various facilities that would make up the develoEment. 25.
26.
Mr. Reddock indicated that be vas more concerned with future 27.
develo[xnent of the lands than with what was proposed at present- Mayor ! 28.
Tncmson advised that in the event of an expansion of the develoExnemt in the~ 29.
future, the residents Would have an opportunity to c0muent. I 30.
31.
In response to a question raised by Aldefx[en Cu~cdngs, Mr. Chapnan 32.
indicated that the existing land has an elevation of 647', and the ground 33.
would be re-sculptured to an elevation of 670', or an increase in height 34.
of 23'. The entire site Would be fenced in order to control trespassing,
particularly during the off-season. Mr. fhaF~an provided additional
infox~tion regarding the proposal in response to a number of questions
raised by Ald~-,~n Janvary.
Alderman Baker felt that motorists entering the City and passing the
vacant develo~nent during the off-season, would get the inpression that
Niagara Falls was closed after labour Day. Since inpreesions and images
have a major effect on tourism, the Alderman indicated that he was scmnewhati 6, Winston Street Watemnain
concerned about this type of develolmnent. Mr. Chalm~an etated that when not' 7. Cook Street Watermain
in operation, the developnent Would heva the appearance of a landscaped 8. Trench Conpactor
park, which he did not feel would be an eyesore or detriment to the are.
Following further ~<a,,~ent, it was ~oved by Alderman Fera, seconded by
Alaerman Cunmdngs, that the report be received end adopted. The moti(m
Carried with the foll~wing vote~
AyE"y~7"'Aldermen Cheemnan, Oamdngs, Dilts, Fera, Merrett, Put{rick,
" Schisler, Kerr]x} and S~merville.
-9-
No. 52 - Acting AdminiStrator - Re.' Tendering Fire Department Clothing. The
report reds that tenders be called as soon as possible for 1982 Fire
Department clothing.
ORDERED on the motion of Alderman Cunmdngs, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
No. 5A- CHEESMAN - ~'~i~A - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby authorizes and directs that the foll~ing
amounts be established as reserves and said amounts to be used for the
purpose enunerated hereunder:
Judo Club Grant 12016
Recreation Five Year Plan 12020
Painting Running Track 12156
Oakes Soccer Field Stands, Washrooms &
Onange Facilities 12160
Crc~qland Park Backstop 12161
New Lawn Mower at Cemetery 12135
New Lawn M~wer at Cemetery 12620
Building Improvements at Niagara Falls Arena 12451
Floor Scrubber at Niagara Falls Arena 12452
Heat Conversion Fans at Service Centre 11009
Mezzanine Construction at Service Centre 11009
Dorchester Property Acquisition for Sidewalks 11170
Stanley/Valley Way Intersection 11261
Hceestead - Fill Island 11262
Jolley Cut 11263
Biggar Road 11264
Kalar Road 11265
One Man Garbage Compactor 11432
Dump Truck 11433
Dump Truck 11433
Catchbasin Cleaner (balance) 11433
Sale of Used EquiExnent for Purchase of Works
EquiEm~_nt 11439
Soil Cover at Landfill Site 11507
Purchase of Landfill Site 11508
Cambridge Street Sewer Repairs 11608
Greenwood Sewer Repair 11608
Election Costs 10115
MnLeod Road Street Lights 10879
Ker Park Improvenents 12157
Riverview Park Inlprcve~nts / 12154
Lundy' s Lane Cemetery Fencing 12624
Lundy's Lane Cemetery Pillars 12625
Solar Subdivision Park Drainage & Improvements 12183
Crossing Protection 11260
1. Colborne Street Watermain
2. St. James Street Waterm~{n
3. Summer Street Watermain
4. Barker Street Watermain
5. Heximer Street Waterm~in
AND the Seal of the Corporation be hereto affixed.
800.00
10,000.00
000.00
29,000.00
1,400.00
1,600.00
6,800.00
29,000.00
5,100.00
900.00
2,800.00
27,000.00
120,000.00
2,000.00
8,000.00
10,000.00
~10,000.00
60,000.00
35,711.00
42,977.00
2,092.00
10,000.00
3,000.00
50,000.00
6,500.00
5,000.00
29,700.00
32,000.00
4,800.00
2,000.00
2,000.00
1,000.00
4,000.00
4,000.00
3301 $563,180.00
32213 22,700.00
32214 73,500.00
32215 32,500.00
32217 20,500.00
32218 20,700.00
32219 20,700.00
32200 5,400.00
32201 7,500.00
20271 $203,500.00
Carried Unaninuusly
- 10 -
ORDERED on the mDtion of Alderman Chessman, seconded by Alderman Dilts, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 82-12 - TABLED
No. 82-13 - TABLED
No. 82-14 - A By-law to authorize a releae. (Lot 24, Plan NoS. 22)
No. 82-15. - A By-law to authorize a releae. (LLot 76, Plan N.S. 22)
No. 82-16 - A By-law to provide for appointments to certain Boards, " Cc~ssigns and Cc[~nittees-
No. 82-17 - A By-law to amend By-law No. 80-261 providing for appointments
' to certain Boards, C~ssions and Committees-
No. 82-18 - A By-law to amend By-law No. 75-253, as amended, being a by-law
to provide for licensing and regulating the keeping of dogs-
No. 82-1~9 - A By-law to provide nr~ies for general purposes.
No. 82-20 - A By-law to amend By-law No. 1538 (1958) of the former Township
· of Crawland, now in the City of Niagara F~lls.
Carried with Aldermen
Cuegs and Merrett
abstaining c~ a conflict
of .interest c~ By-law
82-16, and all others
voting in favour.
ORDERED on the motifm of Alderman Fera, seconded by Alderman Baker, that the
follc~wing by-laws be now read a second and third time:
No. 82-12.- TABLED
No. 82-1~3 - TAB~,F,D
No. 82-14 - A By-law to authorize a release. (Lot 24, Plan N.S. 22)
No. 82-15, - A By-law to authorize a release. (LOt 76, Plan N.S. 22)
No. 82-16 - A By-law to provide for appointments to certain Boards,, ' Cc~ssions and Cc~tteas.
No. 82-17 - A By-law to amend By-law No. 80-261 providing for appointments ' ' to certain Boards, Oc~ssions and Oam,~ttees.
NO. 82-18 - A By-law to amend By-law No. 75-253, as amended, being a by-law
" to provide for licensing and regulating the keepin~ of dogs.
No. 82-1~ - A By-law to provide m0~ies for general purposes.
No. 82-20 - A By-law to amend By-law No. 1538 (1958) of the former Township
' of Crowland, now in the City of Niagara Falls.
Carried with Aldermen
Cu~gs and Merrett
abstaining c~ a conflict
of interest, c~ By-law
82-16, and all others
votir~ in fayour.
- 11 -
BADGER ROAD FLOODING
Alderm~n Merrett advised that whenever it rains, Badger Road floods and
the water rains for some time. If there is a freeze after the rain, this
creates a particularly hazardous situation. The Alderman asked if there
were any plans for sewers in this area. The Director of Municipal WOrks
indicated that nothing was planned for the area at the present time, however
an investigation of possible in~3rovements could be undertaken.
Alderman Schisler advised that he had received a number of complaints
regarding sn~q removal operations in the former Crewland area of the City
daring the weekend. Apparently scab individuals were completely snowed in,
and even after repeated calls to the Service Centre, l~ plows were sent
out. Tne Alderman indicated that when a call was made to the Service
Centre, the employee on duty ~3uld indicate that someone would be out
shortly, and yet by 8:00 p.m., they were still not there. Mayor Thomson
indicated that an explanation of the matter would be obtained.
PAU~R PARK
Alderman Cun~ings referred to recent press coverage regarding financial
difficulties the Y.M.C.A. is experiencing with respect to Palmet Park, in
which it was suggested that the City might be interested in purchasing the
park. Alderman CuEgs pointed out that at no time had Council discussed
the possibility of purchasing the park.
Y.W.C.A. A~qUAL REPORTS
Alderman Janvary submitted copies of the annual report of the Y.W.C.A.
to the members of Council.
IMMIGRANTS FROM POLAND
Alderman Chessman referred to the current unrest in Poland which has
resulted in many persc~s leaving that country to begin ne~ lives elsewhere.
The Alderman felt that while little could be done regarding the political
situation in Poland, Canada should at least try to help scme of the Polish
people living in unfortunate situations in Austria awaiting relocation
elsewhere in the world, by opening its doors to these people. It was moved
by Alderman ~heesman, seconded by Alderman Merrett, that the Minister of
Er~01ola~ent and Im]nigration be requested to do whatever he can to speed up
the process of relocation for Polish persons in Austria, further that if
necessary, the in~nigration quota be increased in order to accommodate
greater numbers af these ~ersons e~tering Canada, and further that this
request be referred to the local Member of Parliament for support. Carried
Unanimously.
8~3W R~4OVAL - LUNDY'8 IANE
Regional Councillor Sherar referred to a problem being experienced c~
Lundy's Lane with respect to snoN removal on sidewalks. Although snow is
cleared frcen the sidewalks, once the street plows make a pass, the snow is
pushed over ~n to the sidewalk causing pedestrian traffic to be extrenely
difficult as well as hazardous. MayDr Thc~sc~ advised that there had been
an agreement with the l~egion previously, that the street would not just be
plowed, but the snow was to be ~ysically removed from the street. If this
is not d~ne, it is almost impossible to sea out of the windows of the
businesses along this sectio~ of Lundy's Lane. The Director of Municipal
Works indicated that be would check into the conplaint.
It was moved by Alderman CheesEan, seconded by Alderman Dilts, that the
meeting adjourn. C~rried Umm~tmously.
- 12 -
FOUi~H [,lb~'J,'r~G
C(mmittee Room #1
February 8, 1982
C(~'IT/~S OF THE WHOLE
Council met on Monday, February 8, 1982 at 6:15 p.m. in Ccmlnittee of
the Whole. All members of Council were present with the exception of
Aldermen Dilts, Fera and S(~erville. His Worship, Mayor Thomsc~ presided as
Chairman.
Following consideration of the items presented, the Conmittee of the
Whole arose without reporting. . k & · ' · ~.
M~YOR WAYNE TFDMSON
Council Chambers
February 8, 1982
Council met c~ Monday, February 8, 1982 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His
Worhship, Mayor Thomsc~ presided as Chairman. Alderman Cheesman offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cunmlings, seconded by Alderman Baker,
that the minutes of the meeting held on January 25, 1982, be adopted as
printed. Carried Unanimously.
UNFINISHED BUSINESS
PARKING, TRAFFIC A~D TOURISM STUDY
Re[ort No. 53 - Mayor Wayne Thcmso~ - The report rec~uends the adoption of
nine recoamtndations with respect to the Parking, Traffic end Tourism Study.
Mayor Themeon advised that the study was being dedicated in the memory
of Mr. RObert Birchall, Project DirectcT en the Parking, Traffic and Tourism
Study for the consulting elgineering firm of Lanmer-F~qCO. Mr. Birchall was
killed in a plane cr. ash in August Of 1981 prior to the c~,[letic~ of the
study. The Mayor presented a plaque and a copy of the study to
Mrs. Birchall and her daughter Elizabeth in recognition of Mr. Bircha}l's
With respect to the study itself, Mayor Th~mcn advised that during a
recent meeting with the Provincial M/nister of Industry end Tourism, the
City had been given an indication of the Province' s enthusiasm over the
study. The Minister had advised that a cheque in the amount of $5,000 ~uld
be given to the City to assist the project' s develoEment committee, and
further that a steering c~f~,~ittee would be established at the Provincial
level with representation free various ministries, to co-ordinate
implerentation of the study and to assist in funding.
ORDERED o~ the nmtion of Alderman Marrett, seconded by Alderman Chessman,
that the reTDrt be received and adopted. _Carried Unan/mously.
See Resolution #5.
DEPUTATIONS
8LI~)AY STO~E OPTING - M~. S. ROA~DO
Paport NO. 54 - Acting Administrator - Rel Holiday Closing for Retail
Businesses. The report ~k-ovides informration regarding Provincial
legislation governing the ~losin~ of retail storeS (m 8unda~s and holidays.
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Mr. S. Roarco was granted permission to address Council on the not/on
of Alderman Kerrio, seconded by Alderman Cu~nings. Mr. Roarco advised that
since the new Niagara Farms store at the Stamford Green Plaza was remaining
open on Sundays, his sales had decl/ned drastically. While he agreed that
it was acceptable to have such stores Open in the tourist-conmercial are Of
the City, he did not feel that the Stamford Green area was a
tourist-ccnmercial area.
Mr. p. Quaranta ~as granted permission to address Council on the motion
of Alderman Orr, seconded by Alderman Janvary. Mr. Quaranta questioned the
practice of a number of stores in the City remaining open over a 24-hour
period. Mayor Thomso~ advised that the City had no regular/ores with respect
to store hours, and that the matter being considered dealt with the days cn
which a retail store can remain open.
In response to a question raised by Alderman Kerrio, the City Solicitor
advised that the police have investigated the complaints regarding the
operation of the Niagara Farms store on Sundays, and found the retail area
to be less than the 7500 sq. ft. permitted for Sunday store open/ngs. Even
though a certain amount of the floor area had to be roped off in order to
fall under the 7500 sqo ft. limit, the police ware satisfied that such
action met the intent of the legislation. The Deputy City Clerk provided
additional information on the matter in response to questions raised.
Following further discussion, it was nnved by AIdemen Merrett,
seconded by Alderman Orr, that the report be received and filed, that the
Ant/rig Chief Administrative Officer investigate whether or not sinuilar
problems are occurring elsewhere in the Region, how the legislation is
affecting other businesses, and further that a report containing this
/nformation be submitted to Council in two weeks. Carried Unanimously.
APPLICATION FOR ~3NICIPAL LICENCE TO OPERATE A PJSH CART
Re~nrt No. 55 - Acthg Administrator _ The report recomnenda. that the
application of Mr. George Mitzithras of Weston, Ontario to operate a push
cart selling peanuts, [x~ocorn and candy apples on City stresta, be denied.
In response to a questio~ raised by Fur. Mitzithras, Mayor Thomson
advised that the City ~as reluctant to grant such licenoes because the carts
~uld likely be operated in tourist areas, where existing traffic congestion
would only be aggravated by the operation of the cart. The Mayor
indicated that nBrchents selling similar merchandise in permanent also
stores,
who are paying business and property tax, would object to the operation of a
cart in their area. Alderman Marrett felt that granting of this licehoe
~ould result in further applications being received, end the question %uuld
arise as to where Council would draw the line.
FOllowing further discussion, it was noved by Alderman Cunmings,
seconded by Alderman Orr, that the report he received and adopted, ard the
licerice denied. Carried Unanimously.
L~FINISHED BUS~VESS
PEtPAN STUDY - TRAFFIC IMP~OVE~TS IN QUE~ VICTORIA PARK
Report No. 56 - Acting Adm~strator _ The report rec(mmm~ds that comments
on the Niagara Parks Cc~missionls study on traffic inproveuents in Queen
Victoria Park, be forwarded to the Ccamdssion..
Alderman Baker expressed his concern over a comment in the reSpcelse to
the Ccem~tssion dealing with the existing vie~mobile operation, and indicated
that althoueh the concept of a people mover system is the same in both the
Co~esic~'s report end the City's Parking, Traffic and Touris~ Study, there
wms a difference betwee~ the People mover system stud the vie~axlbile
operation in that the viewmobile would hold ~o traffic, which was not the
intent of the people mover system.
-Mayor Thomson advised that the viewmobile and the ~eople nnver system
were two distinct and separate modes of transportation, and would be
separated so that the viewmobile ~uld not he operated/n conjunction
,~ormml t~af£io on the
Alderman Merrett advised that the present viee~le system will he
phased out, and ~he ~eople m~ver syste~n will be tied in with any 't~e of
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transportation system the Commission may establish on its own. Additional
information was provided by both MayDr Thc~r~on and klderman Merrett c~ the
matter ·
Following further cc~m~_nt, it ~ras moved by Aldernkln Cun~nings, seconded
by Aldel3Tan Chessman, that the report be received and adopted. The motion
Carrie~ with Alde/1Tan Orr voting contrary, and all others voting in fayour.
REQUEST BY H. DAMDE BUILDERS LTD. TO CLOSE ~Y, R.P. M-88, LATINA
CRESCENT TO MITC~et.L AVENUE, %~ALKWAY #16
Report No. 57 - Acting Administrator - The report recommends that H. Damore
Builders be informed that the City is prepared to proceed with the closing
of the Latina Crescent laneway ~pon payment of the s~n of $500 plus the
actual O.L.S. survey costs.
An explanation was provided to Mr. Damore of the costs involved in
closing the subject lanesray. Following further ccTa~ent, it was moved by
Alderman Merrett, seconded by Alderman Chee~nan, that the report be received
and adopted. The motion Carried with Alderman Kerrio abstaining on a
conflict of interest, and all others voting in favour.
AM-11/79, RESTRICrm AREA BY-LAW 81-208, PROPOSED MOTOR INN (RIVER INN), ON
RIVER ROAD ~ JOHN AND PHILIP STRE~I~
Report No. 58 - Acting Administrator - The report reds to Council no
change in the subject by-law, other than a proviso that the land on the west
side of River Lane be restricted to surface parking only.
Mr. H. Jarvis, solicitor for the applicant, was granted permissicn to
address Council on the motion of Alderman Cu~gs, seconded by Alderman
Chessman. Mr. Jarvis stated that the by-law could be considered a
housekeeping matter, and the reason the objectors are concerned was over a
misunderstanding. When the Ontario Municipal Board held its hearing, it had
before it witnesses who gave evidence and three sets Of plans referred tD as
Exhibits #11, #12 and #13. The decision of the Board was such that that the
height of the motel would be four storeys on River Road and two storeys on
River Lane, but ~ height of the building would not be higher than the
height of any of the surrounding residential buildings. There would be 112
units and parking for 112 cars plus 1. The original plans specified that
the height ~ould be 41.5', which is what is required to build a four storey
m~tel adjacent to River Road. Mr. Jarvis advised that when the by-law was
being prepared, the metric conversion of 41.5' would have been reflected as
12.64 meters. This figure w-us subsequently rounded off to 13 meters, making
the building an additional 1' higher. This additional height would also
accuL,~udate changes in fire safety measures required on the first floor of
the building. The original by-law that was submitted to the Board did not
contain any provision for height, and the Board in its decision directed
· that the revised by-law contain such a provision and that it be circulated
so that the area. residents would be aware of what was proposed. The plan
submitted to th~ Board also showed that no buildings would be constructed on
the triangular piece of land on River Lane, and in order to cceply with
parking requirements, the by-law had to cover that piece of land. With
respect to the number of units, Mr. Jarvis stated that in the definition
section Of the by-law, the definition of a unit was according to standard
terminology used by the City, and that the City's Building & Develolm~-nt
Department had not experienced any difficulty using this definition. The
by-law referred to a unit as a rccn or suite of roceB capable of being
rented separately. It would not be possible at a later time to oreate more
units without coming hack to the Municipality for an Official Plan amendment
and zoning change. The capacity for parking is 113 spaces, and the number
of units cannot exceed 112. Mr. Jarvie provided additional information on
the matter in response to a number of questions raised.
Mr. J. Hennessey was granted permission to address Council on the
motion of Alderman Kerrio, seconded by Alderman Baker. Mr. Hennessey stated
that he wished to alert others to the c~nsequences of encouraging ce~nercial
develu~ent along River Road. Mr. Hennassoy referred to statements ha had
made with respect to the Michael' e Ir~ rezoning recently, and reiterated the
oament that no ccepetent geologist would declare the rock structure in the
area was stable. Mr. IIennessey discuesed in detail the rock structure in
the area, and felt that 9ood engineering practice plus the geological
history of the area would dictate that no nea construction should take place
within the 45' she~r line adjacent to the gorge.
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Mr. Jarvis stated that one full day had been set aside at the hearing
for evidence relating to the structural stability of the are. Mr. W. Trow,
· a leading soils engineer in Ontario, gave evidence at the hearing including
a full geological analysis, and the Board found in fayour of the
application. Mr. Jarvie also pointed out that one of the members of the
Board hearing the application, was a soils engineer.
Mr. Hennessey disputed the evidence sut]nitted by Mr. Tr~w at the
hearing, and reconfirmed his previous oDe~ent that no oompetent engineer or
geologist ~Duld say the rock structure was stable.
Alderman Cheesman stated that the Board had r~ade its decision with
respect to the c~nstructi~n of the proposed Niagara River Inn, and pointed
out that at most hearings of this type, expert witnesses for opposing sides
give evidence which contradict each other. The Alderman suggested that if
Mr. Hennessey was that concerned, his c~ly hope ~Duld ke to approach the
Board if another hearing is ordered, and sulknit his evidence at that time.
Mr. Hennessey indicated that be had asked to address Council regarding the
rock structure along River Read, a~d not the proposed Niagara River Inn
specifically.
During the ensuing discussion, both Mr. Hennessey and Mr. Jarvie
provided information on the matter. Following further c~A,aent, it was moved
by Alderman Cheesnan, seconded by Alderman Orr, that Council receive and
adopt the report and nots the ~c~ents of Mr. Hennessey in the City' s
submission to the Ontario Municipel Board. The motion Carried with Alderman
Baker voting ~ontrary, and all others votin~ in favour.
BAMBI ESTATES SUBDIVISION
Report No. 59 - Acting Administrator _ The report recommends adoption of
nine reoa,.,endatio~s with respect to the cc~,pletiee of the subject
subdivision and the issuance of letters of clearance.
In response to a question raised by Mayor Thc~son, Mr. E. Pye, a
resident of the subdivision, indicated that the residents were generally in
agreement with the recc~mendations in the report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio,
that the report be received and adopted. Carried Unanimously.
OC~MUNICATIONS
ca i has ·
Board of Management effeotive'j~uary 30 1982resxgned from] the Downtown
In response to a questic~ raised, Mayor Thc~sc. advised that Mr.
Mallouk ~ould remain as the Board's representative to the Steering Cce~ittee
for the City Centre Project, if the Board so agreed.
ORDERED on the motic~ of Alderman Merrett, secc~ded by Alderman Eerrlo, that
the reaignatio~ be accepted with regret, and that a letter of fnamks be sent
to Mr. Mallouk for hie efforts c~ behalf of the Downtown area. Car__tied
Unanin~usly.
No. 34 - Downtown Board of M~na emmt
ccmmmicatlee provides informa~ c~ ' Re: Annual Report. The
year 1981.
the activities of the Board for the
ORDERED on the m0tio~ of Alderman Merrett, ssco~ded by Alderman Ckmmings,
that the ccmmuaicatic~ be received and filed. Carried Unanimously.
No. 3B - Dewatom Board of Management _ Re: Electic~ of Board '
cc~munication advises that Mr. j Ross, Mr. S Daniels Members. The
and Mrs
· · W. Ivar~ff
were elected to the Downtown Board of M~nagement, and that the election of
t~o further members will be held to make ~ the full ~lement of the
Board.
ORDERED on the m~tton. of Alderman Cumm~9~' seconded by Alderman Janvary,
that the appointmant. be emfirm~ by by-law. Carried U~tmously.
No. 36 - Niagara Transit - Re: Parking - BUs 8tc~e ~ Queen Street. The.~
ccmmunt~ati~l advises that there has bee. a mmrked
increase in ~ars and
Mayor T~mmc~ advised that the situatt~ Will be closely m0.itored in
the future, and it ~ h~0ed With the ere~t~a of the .ew signs ~ ea~ ~
-5-
the parking restrictions, the problem would be solved. The Mayor suggested
that the Cc~mnission keep the City informed so that the By-law ~lforcement
Officers can react accordingly.
ORDERED on the notion Of Alderman C~n~ings, seconded by Alderman Kerrio,
that the communication be received and filed. Carried UnanimDusly.
No. 37 - Niagara Transit - Re: Annual Report of the Conmission. The
cc~nunication provides information cn the 1981 activities of the Commission
and recc~m~nds a 10¢ adjustment in all fares effective March 1, 1982.
Mr. G. Mowers provided additional information in response to questions
raised by members of Council.
ORDERED on the notion Of Alderman Merrett, seconded by Alderman Kerrio, that
the c~m~unication be received and filed, and that the rate increases be
approved. Carried Unanimously.
No. 38 - Niagara Chair-A-Van - Re: Annual Report. The con~aunication
provides information on the 1981 activities of the Niagara Chair-A-Van.
ORDERED on the motion Of Alderman Clm~ings, seconded by Alderman CheesE,
that the cc~municaticn be received and filed, and a copy forwarded to the
Social Planning Council. Carried Unanimously.
No. 39 - Project Trillium - 1982 Grant. The cu,~,~nqication requests the
City' s consideration of a 1982 City Grant in the amount of $2500.
ORDERED on the motion of Aldermm~ Cu~nings, seconded by Alderman Merrett,
that the eon~unication be referred to the Finance Comnittee for
consideration in conjanctic~% with the 1982 operating budget. Carried
Unanimously.
No. 40 - Regional Municipality of Niagara - Re: Sewer and Water Flc~s for
Decenber 1981. The cx~munication provides information on the sewer
water flows by manicipality for the mDnth of December, 1981.
ORDERED on the motic~ of Alderm~n ClEgs, seconded by Alderman Merrett,
that the communication be received and filed. Carried UnanimoUsly.
No. 41 - Mr. P. Pasquet, land Division C~,,,~ttee - Re: 1981 Annual Report.
The oc~m~nication provides infoz~ation on the 1981 activities of the
Regional Land Division Oa~Httee.
ORDERED On the motion of Alderman C~m~ings, seconded by Alderman Marrett,
that the cu~m.~nication be received and filed. Carried Unanimously.
No. 42 - Chamber of Co~eree - Re: Move to Ontario Avenue Office. The
ccmmunicatio~ advises that the City will not be approached for any funds to
help offset the expense incurred by the Chamber in the recant move to the
new quarters at 4616 Ontario Avenue.
ORDERED On the notion of Alderman Merrett, seconded by Alderman Kerrio, that
the cc~mlmication be received ard filed. Carried Unanimously.
No. 43 - Chamber of Commerce - Re: Regional Government. The cDm~unication
e~0resses concern over possible duplication o35 departments and personnel
between the Regional Municipality of Niagara end the City of Niagara Falls.
Alderman Cheesman suggested that an informal cc~u[tteo be established,
with representation frcm the Chamber of Commerce, City Cbuncil and c~e of
the City's Regicmal Councillors, to discuss this matter further. Alderman
Puttick offered to serve as Council's representative on the Comnittee. It
was suggested that Regional Councillor ~herar be asked to serve on the
c~m.~ttee as well. Mr. P. Corfield of the Chamber indicated that this ~Duld
be acceptable to the Chamber of Cc~ner~e.
ORDERED on the motion of Alderman C~eesman, seconded by Alderman Kerrio,
that an informal committee be established to review possible areas of
concern with respec~ to duplication between City and Regional governments,
and ~hat Aldermmn Puttick and Regional Councillor Sherer be asked to serve
on the C~.~ttee as well as a representative of the Chamber of Oo~merce.
Carried Unanimously.
No. 44 - Stamford Centre Volunteer Firemen's Association - Re~ Grant in Lieu
of Taxes. The ~,,~alicatio. requests that the City c~nsider a grant in lieu
Of taxes for the Aeso~iati~n's Fireball (m L(mghurst Avenue and the
Firemen's Park on Dorchester Road.
The City Treasurer provided 'further informatioa with respe~ to grants
-6-
in lieu of taxes in response to a question raised by Alderman Cheesman.
ORDERED on the motion of Alderman Merrett, seconded by Alderman err, that
the cennunication be referred to the F/nance C~ttee for consideratic~ in
conjunctio~ with the 1982 operating budget. The motion Carried with
Alderman Cunm/ngs abstaining on a cfmflict of interest, and all others
voting in fayour.
No. 45 - Niagara District Airport Con~ssion - Re: 1982 Budget. The
cclmmjnicatien provides information cel the C~ssion's 1982 budget and per
ORDERED On the motion of Alderman Cunlnings, seconded by Alderman Baker, that
the cc~nntulication be referred to the Finance Cc~ttee for consideration
in conjunction with the 1982 operating budget. Carried Unanimously.
No. 46 - City of St. Catharines _ Re: Proposed Staff 1norease in the
Regional Finance Department. The ccaa,~nication requests endorsation of a
resolution opposing the proposed/ncrease in the complement of the Region's
Finance Department.
Mayor Themson advised that the report which ~as suetted recently to
the Regional F/nance C~ttee, was an independent report prepared by the
Regional Director of Financing indicating ultimate requirements Over a three
year period. The Mayor indicated that there W~dS very little support at the
Finance Co~ttee for the suggested staff o0mplem~_nt, and that the matter
had not been considered by Regional Council as yet. Mayor Th<mmc~ suggested
that instead of endorsing the resolution, Council could send a letter to the
Region e~oressing its concern over the pried staff increase.
Alderman Puttick felt that the most direct way to approach the m~tter
would be endorse the resolutical and advise the Regicll accordingly.
Alderman Baker felt that a letter of concern would be the aPPropriate
action to take at this time, since the re~ort was only in the proposed
stagas, and no final decision had been made by the Region as yet.
Following further cc~raent, it was moved by Alderman l~/ttick, seconded
by Alderman Orr, that the resolution be endorsed. The nDt~on Carried With
Alderman Baker voting contrary, and all others vot/ng in favo~r.
No. 47 - City of Nepean - Re: Railway Transport Conlmittee _ Rail Safety.
The ca,~unication requests endorsation of a resolution supporting the
deeisio~ of the Railway Transport OD~mittee with respect tO rail safety.
ORDerED on the motifs1 of Alderman C~gs, seconded by Alderman Baker, that
the communication be referred to the Municipal Works Corenittee for
consideration. Carried Unaninuusly.
ORDEP~D on the motion of Alderman Ctmmtings, seconded by Alderman
that the request be approved. Carried Unaninuusly. Checsman,
The ~, tion requests that Council · Proclamation of Kidney Month
Kidney Month. Proclaim the month of March as '
ORDERED on the motion Of Alderman Qunlnings, seconded by Alderman Janvary,
that the request be approved subject to established policy.
Uasn/mously.
NO. 50 - Niagara Regional Police . Re.. Neighbourhood Watch Program Sign.
~he cY~,,~ulication requests that Council give consideratic~ tO the
introduction of the Neighbourhcod Watch Program sign, along with the con~
of the program.
that the concept of the Nei~hbourhood Watch program be endorsed, and that
the matter be referred to staff for the Preparation of a reJxl~t. Carried
No. 51 - Niagara Rails Big Sister Association _ Re,
c(~,,mmieation requests that the %tck of F, Big Sister Week.
as Big Sister Week in Niagara ~llen~. 14 - 21, 1982, be
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RE~ORTS
No. 60 - Acting Administrator - Re: Niagara Eset Coc~mission
DeVeloFment Control Areas. The report reeds that the Ministry of
Municipal Affairs and Housing and the Niagara Escar~t Cc~lnission be
informed that the City of Niagara Falls is r~Tw agreeable to having the lands
falling outside the limits of the proposed EscarElnent Plan, and presently
designated Develol~nent Control Area, transferred hack to Municipal cDntrol,
thus allowing the application of the City' s Zoning By-law 79-200, subject to
provisions being made in the transfer that all [ermissions granted by the
C~ssion during the period of DeveloFment Control c~ such lands and the
conditions of such permissions continue to be applicable and in force,
notwithstanding the transfer of control to the Municipality through the
City' s Zoning By-law.
ORDERED on the m~tion of Alderman Chee~an, seconded by Alderman err, that
the report be received and adopted. Carried Unanimously.
No. 61 - Acting Administrator - Re.. Extensions to Draft Approval of
Subdivisions - Review Guidelines. The report recommends that the review
guidelines suggested by the Planning & DeveloFment Committee for
considering extensions to draft approval of subdivisions, be adopted by
Council.
ORDERED On the nx3tion of Alderman err, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
No. 62 - Acting Administrator - Re: Public Meeting - River Road
Neighboarhcod Study. The report advises that a public meeting will be held
on February 17, 1982 at 8:15 p.m. in the Council Chambers to present the
consultant's findings in the first phase Of their work prcgranme.
ORDERED On the n~)tion of Alderman Baker, seconded by Alderman C~gs, that
the report be received and filed. Carried Uneusly.
No. 63 - ACting Administrator - Re: Sale by the City of Surplus Municipal
Property near the Intersection of Simcoe Street and Palmer Avenue. The
report reds passage of a by-law to authorize the sale of the subject
land to Kathleen Mary Fuccillo, George Schneider and Katherine Schneider.
ORDERED on the motion of Alderman err, seconded by Alderman Baker, that the
report be received and adopted. Carried Ureasly.
See By-law 82-21
No. 64 - Municipal Works C~L.lattee - Re: Sidealk Relocaticn on Thorold Stone
Road. Tne report rec~ends that authorization be granted to install a 1.Sm
wide sidewalk on the north side of Thorold Stone Road frcra Dorchester Road
easterly to the limits of the Region' s Phase I road reconstruction in lieu
of the 1.2m wide relocate] sidewalk, and that the City's estimated cost of
these works in the amount of $4,000 be included in the 1982 current budget.
ORDERED on the motic~ of Alderman err, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
NO. 65 - Municipal Works C~aL,~ittse - Re.' Propose] Flood Relief Works in
Chippaws, Tutporary ~oad Closing of Gunning Drive betaBen Mears Crescent end
Bell Crescent. The report reoaa.,ends that authorization be granted to the
t~,~x)rary closing of Gunning Drive bergen Mears Crescent and Bell Crescent
as required during the subject construction.
ORDERED on the nDtion of Alderman err, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 66 - Finance C(a,t.~ttee - Re~ Expanded Jurisdiction of Finance Conmittee.
The report rec~a~,~ends that tba terms of reference of the Finance Cc~r~ittee
be expanded to include matters relating to the operation of arenas, swimming
pools and other public buildings.
ORDERED on the notion of Alderman CheekPan, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
No. 67 - Finance C~m~ttee - Re~ Diving for Dollars. The report reea,i~ends
that City Council approve a $100 contribution to the fund raising event
Diving for Dollars and that such contribution be forwarded to the Sick
(]lildren' s Hospital Foundation.
ORDERED on the m~cion of Ald~ Janvary, seconded by Aide Kettle, that
Preclaimed The
O~aERED on the motion of Aldermen I{e~rio eec~md l
by Alderman Ore that the
the report be received and adopted. Carried Unan/mouslX.
No. 68 - Finance Cx~,syattee - Re.. 1982-86 Capital Budget.
re~a~mds approval of the 1982-86 Capital Budget..
-8-
Alderman Chee~an pointed out that the final figure for the budget was
$1.635 million as compared to $1.67 million in 1981. The Alderman also
pointed out that an amount of $50,000 was included for the Portage Road
.Bridge over the HEPC Canal in order to demonstrate to the Regic~ the City's
concern with respect to replacement or reconstruction of the facility. Witk
respect to the proposed reconstruction of Fourth Avenue, Alderman Cheesman
indicated that an amount had been included for the work, b3qever a decision
would be made at a later date once further informatiou was available ou the
plans of Cyanamid to ~pen an entrance to their plant ou Stanley Avenue.
Mayor Thomson provided additional information on the $50,000 amount
allocated for the Portage Road Bridge Over the HEPC Canal in response to a
quest/on raised by Alderman Baker. Alderman Baker eEpressed concern that
$50,000 was being included for this project which ha felt ~es not totally
necessary oDinpared to other projects. Mayor Thornsin pointed out that it was
imperative that the City demonstrate to the Region that it is serious about
proceeding with further action on the bridge. The Mayor also explained that
the total budget was only a guideline to be used when planning projects, and
that Council was not c(mmitted to any expenditure contained in the budget.
The Director Of Municipal Works also indicated that each individual project
cc~tained in the budget must come hack to Council before any funds can be
spent. No priorities had been changed, and no project ~as deleted because
of the $50,000 amount for the bridge.
Following further ocmment, it ~as moved by Alderman Cheesman, seconded
by Alderman Merrett, that the report be received and adopted. The nrfcion
_Carried with Alderman Puttick abstaining ~ a conflict of interest with
respect to the Portage Road Bridge over the HEPC Canal, and all others
voting in favour.
No. 69 - Finance Conmittea _ Re: Status of Taxes.
information on tax collections in 1981 as ccmpared The report provides
to 1981.
ORDERED on the motiou of Alderman C~manings, seconded by Alderman Merrett,
that the report be received and filed. Carried Unanimously.
No. 70 - Finance Cc~mittee _ Re.. Purchasing Policies and p
report , rocedures. The
recommends that Council adopt the Purchasing Policies and Procedures
for the City of Niagara Falls dated January 1982, as recommended by the
Finance Committee.
ORDERED on the motion of Alderman Cunmings, seco~aed by Ald~ Kerrio,
that the report be received and adopted. Carried Una~usly'
No. 71 - Acting Administrator _ Re.. FAxnicipal Accounts. The report
rec~mmnds Pay~nt of the mmicipal accounts.
Additional information ~as provided ca1 fheques #7786, 7789, 7793, 7801,
7814, 7818, 7858, 7932, 7940, 7952, 7988, 7999 and 8003 in response to
questinns raised by Aldermen Cumings, Orr and Schisler.
With respect to Cheque #7784 for payment of roof repairs at the Lundy's
Lane Historical Museun, Alderman Baker advised that sc~e decorative
eavestrou~hin9 had been removed when the roof had been repaired. Since this
eavestroughing had added to the unique apE~arance of the building, the Board
of Museure had inquired as to whether it could be replaced. The Alderman
asked that this be inquiry be investigated prior to P~yment of the aceoust.
In regard to Cheque #7953 for art work done by an outside finn for
prcmotioDal neterial for the Flyers hockey team, Aldexmen Cunmings suggested
that staff investigate the Possibility of City employees doing this type of
work in the future.
Alderman Baker also requested informatic~ c~ an account questicrmd at a
recent meeting of Council regardin~ pare for damages that occurred in
connectiou with the uae of school Property under a Recreatic~ Cunmissio~
permit. The Acting Administrator i~licated that be %Duld look into the.
matter.
Following further current, it ~ms moved by Alderman Merrett, secc~ded
by Aldernmn cheem~ln, that the report be received and ad~oted. The motiou
.Carried with Alderman Orr voting contrary c~ Cheque #7801 and abstaining ~
a uc~flict of inter. est (m ~eque #7830.
9
No. 72 - Employee Suggestion Cu,,tattee - Re: Report Of the Enployee
Suggestion Oa~,tjttee. The report reds awards to the following
enployees for suggestions made: Mrs. C. Monaghan, Mrs. C. Carr, Mr. F.
Peck, Mrs. M. Thut[son, Mr. L. DeLazzer ~ld Mr. D. Savriga.
Mayor ~homson provided additional information in response to a number
of questions raised by Aldermen Cheesman and Puttick.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cunmings,
that the report be received and adopted. Carried Unanimously.
No. 73 - Acting N]ministrator - Re: Thorne Stevenson & Kellogg Report Salary
Adjustments. The report recur, lends the following adjustments: 1) Director
of Recreation - fr~n Level ES 8 to Level ES 9 and that the incumbent be paid
in the Year 3 Rate effective January 1, 1982; 2) Deputy Director of
Recreation - frcm Level ES 5 to Level ES 6 and that the incumbent be paid at
the job rate effective January 1, 1982; 3) Senior Planner - from Level ES 6
to Level ES 8 and that the incumbent be paid at the Year 2 rate effective
January 1, 1982; and 4) Secretary to City Council - from SC 4 to SC 5 and
that the incumbent be paid at the 24-Month rate effective January 1, 1982.
Alderman Puttick indicated that be would vote oontrary to the
adjustments for the reasons he bad outlined previously with respect to
earlier adjustments recu~,~'ended.
ORDERED On the motion of Alderman Orr, seconded by Alderman Baker, that the
report be received and adopted. The motion Carried with Aldermen Puttick
and Schisler voting contrary, and all others voting in favour.
No. 74 - Acting Administrator - Re: Thorne Stevenson and Kellogg Study. The
report rec(mmends approval of the performance appraisal end merit
recognition systems prepared by the Personnel Officer, as suggested by the
Thome Stevenson and Kellogg Study.
ORDERED on the motion Of Alderman Cunmings, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 75 - Acting Administrator - Re: Ontario Building Officials Course. The
report reoat,teads that Mr. D. Hall of the Buildings & Inspections Department
be authorized to attend the subject ocurSe in London, Ontario from March
21st to 26th, 1982, inclusive.
ORDERED On the motion Of Alderman ~gs, seconded by Alderman Marret.t,
that the report be received and adopted. Carried Unanimously.
No. 76 - Acting Administrator - Re: Autcmatic Fire Alarm Protection for City
BUildings. The report recutztexlds approval of agreements with Ik~inl'on
Electric Protection Company respecting the purchase and maintenance of fire
detection systems at the City Hall, the City Hall Garage, the Provincial
Court House and the Lundy's Lane Historical Museun.
ORDERED on the motion Of Alderman Cumanings, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 77 - Acting Administrator - Ra: Word ProcesSing EquiEment. The report
recur,tends that sub'ject to the City ob,~ning the approval of the Ontario
Municipal BOard, tba appropriate City officials be authorized to enter into
a 36-mocth lease of the word processing equipnent at a monthly rate of
$623.32 plus Provincial Retail Sales Tax of $43.63, the said lease to
provide that at the end of the 36-mo~th period, the Municipality ~ouid
purchase the equi[m~_nt at a cost of $3,789.20.
ORDERED on the mDtion of Alderman Merrett, seconded by Alderman Cunmings,
that the report be received and adopted. Carried Unanimously.
No. 5B- M~R~A'A' - C}~EESMAN - RESOLVED that the following rec~a~(endations
from 'the Advisory ~,.,.{t~ for the City of Niagara Falls Tourist Area
Parking and Traffic Study be received and adopted..
1) That the final report be received and tabled for reference in decision
making.
2) That the Niagara Parks Ga~,,J ssi(m and Visitor & Conventinn Bureau ~e
requested to do likewise.
3 ) That the Region, Ministry Of Transportatiou & Ccmm/nieations and the
Ministry of Industry and Tourism be 'advised of Council' s decision.
4) That City Council request the Advisory (~adt~ttee to rec~jt~t~xxd hty~ a
pe~a,~ment co~rdinatin~ body might evolve.
5 ) That City Council request the Planning & Develolmeat Oa~,~ttee to advise
Council c~ the Official Plan changes.
6 ) That City Council request Niagara Transit to work with the permanent
co-ordinating body ooncerning the people-mover system.
7) That City Council request the Municipal Parking & Traffic C~ilnittee to
make rec~a,,tendations for a parking management plan for the tourist area.
8) ~hat the reccem~ndatio~s for expenditures in 1982 be referred to the
Finance Ca~nittee for consideration in 1982 budgets.
9) That the Mayor be authorized to approach Provincial authorities
concerning capital financing.
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 6 - BAKER - CL~MINGS - RESOLVED that the Corporation of the City of
Niagara Falls hereby petitions for subsidy payment under the provisions of
the Public Transportatic~ and Highway Inprovement Act c~ expenditures made
during the year 1981 in the amount of $4,387,829.10; AND the Seal Of the
Corporation ~e hareto affixed.
Carried Unanimously
ORDERED on the motion of Alderman C~mlnings, seconded by Alderman Cheesr~ln,
that leave be granted to introduce the following by-laws, end the by-laws be
read a first time:
No. 82-21 - A By-law to authorize the Sale of land to Kathleen Mary Fucoillo
George Schneider and Katherine Schneider.
No. 82-22 - A By-law to amend By-law No. 3790, being a by-law for the
regulatic~ of traffic. (Downtown Parking)
No. 82-23 - A By-law to amend By-law No. 3790, being a by-law for the
regulation Of traffic. (Butler Place)
No. 82-24 - A By-lw to amend By-law No. 3790, being a by-law "for ~he
regulation of traffic. (MOrrison Street)
No, 82-25 - A By-law to provide monies for general purposes.
Carried With Alder-
man Orr abstaining
on By-law 82-25, and
all others voting in
fayoLaf.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chees~an,
that the follcMing by-laws be now read a second and third t/me:
No. 82-21 - A By-law to authorize the sale of land to Kathleen Mary Fuccillo
George Schneider and Katherine Schneider.
.No. 82-22 - A By-law to amend By-law No. 3790, being a by-law fur the
regulation of traffic. (Downtown Perking)
.No. 82-23 - A By-law to amend By-law No. 3790, being a by-law fur the
regulation of traffic. (Butler Place)
No. 82-24 - A By-law to amend By-law No. 3790, being a by-law fur the -
regular, ion of traffic. (MOrrise~ Street)
No. 82-25 - A By-law to provide monies for general purposes.
Carried With Alder-
man Orr abstaining
on By-law 82-25, and
all others voting in
fayour.
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THANKS FROM GRFAT~ NIAGARA GENERAL HOSPITAL
C/mmunioation No. 52 - Greater Niagara General Hospital - Tba cc~munication
e~presses thanks to the City and staff for making January 22, 1981, a
significant milestone in the history of the Hospital.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cunlnings,
that the c~mmunication be received and filed. Carried Unanimously.
SNOW Pj~4OVAL ON WEIGHTMAN BRIDGE
Alderman Baker advised that he had received oo~plaints regarding the
reEoval of snuw frcm the sidewalks on the Weightman Bridge. The Alderman
indicated that the snow on the sidewalk area makes it extremely difficult
for pedestrians to cross the bridge. The Director of Municipal WOrks
indicated that this matter would be discussed at the Municipal WOrks
Cxmmnittee meeting.
RECOGNITION OF CANADA'S l15~H BIRTHDAY
Alderman Janvary advised that the Civic MOnth Committee was beginning
work on suitable recognition of Canada' s ll5th Birthday, and indicated that
volunteers were needed to co-ordinate events for that week.
N-TEC FJND RAISING EVENT
Alderman Janvary referred to the N-Tec fund raising event to be held on
Febm~ry 27th, 1982 and urged members of Council to support the organization
for their fine work in the ccmmm/n/ty.
UNITED WAY ANNUAL MEETING
In response to a question raised by Alderman Janvary, Mayor Thc~son
advised that he would be attending the United Way annual meeting.
BOYS' A~ GIRLS' CLUB PAPER CHASE
Alderman Janvary requested members of Courail to encourage the l~ablic
to support the Club in its annu~] paper drive to raiSe funds for the
organization..
Alderman Cuegs advised that on DOrchester Road in the area of
Bright' s Wines, the Region has plowed the road and pushed snow onto the
sidewalk, making it necessary for pedestrians to walk along the road.
The Alderman requested that sc~e co-ordination be arranged betwean the
Region and the City in their snow re~oval operations along busy arteries.
SLAP-SHOT SHOW AT Nt/XBARA F~LT.q M~MORIAL AR[~A
AIdetEen Cummings referred to the Slap-Shot show presented at the
Niagara Falls Memorial Arena recently which ~as well artended, and e~teated
that he was pleased to see this type of prcanotional event take place at the
Alderman Schisler advised that be had received o~,~laints frc~ elderly
residents in the area of the Niagara Falls Memorial Arena, that snow removal
operations ~ere being e~rried cut quite late, With the noise making it
difficult for persons to sleep. The Director of Municipal WOrks indicated
that he would ask the Building & Develo[ment Oo-ordinator to speak to the
operator clearing snow from this lot.
~M~rING WITH ~'~UERAL REPRESENTATIVES
Mayor Thclreon referred to ccm~ents nnde in the press regarding the
City' s atte/,~ts to arrange a meeting with Federal officials regarding the
prcblere with prostitution in the City end with pollution of the Niagara
River. The Mayor explained the actions of the City in arranging them
meetings, and indicated ~hat any (xa~,~ents made by himself in this regard
had not been meant as any critici~n of the local Member of Parliament.
Mayor advised that a nBeting had rsw been arranged with the Minister of
Justice for February llth, 1982 in Ottawa.
The
It w~s moved by Alderman Puttick, secoraed by Alderman Orr, that the
meeting adjourn. carried Unan/mously.
MAY~R WAn~ THOMSON
FIFTH MEETING
Council Chambers
February 15, 1982
Council met on Monday, February 15, 1982 following a General Co~ttee
session. All members of COUncil were present. His Worship, Mayor Thc~sc~
presided as Chairman.
RATIFICATION OF G~qERAL COM~ITPEE DECISIONS
Petition to the Federal GOvernment - Re: Prostitution. The brief requests
that the GOvernment of Canada enact the necessary amendments to the Crim/nal
Code of Canada to effectively oombat prostitution.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that
the Council endorse the brief and refer same to the Federal Conmtittee on
Justice and Legal Affairs. Carried Unanimously.
Report No. 78 - Acting Administrator - The report recuL,~ends that the letter
from Mr. A.F. She[~3a~d outlining terms for the purchase of John Allan Park be
received and filed end that Mr. Sheppard be requested to prepare, for the
approval of the City, an agreempmt of purchase and sale and further that such
agreement, amc~g other things, include a provision that the City be given at
least one year' s ~a3tice prior to the date John Allan Park will be required by
Marineland.
ORDERED on the motion of Alderman Chsesman, seconded by Alderman Kerrio, that
the Acting Administrator negotiate further c~ the closing date of the subject
transaction, and that the report, as amended, be adopted. The motiOn Carried
with the following vote:
AYE~ Aldermen Chees~an, Dilts, Fera, Janvary, Merrett, Kerrio, Schisler and
Scmerville.
NAYE.. Aldermen Cureratings, Orr and Puttick.
Report No. 79 - Municipal Works Oa,.t~ittee - Re: OakeS Park Washroc~
Facilities. The report reoa~.aends that toilet facilities be provided
underneath the Oakes Park soccer stands, including acccm~odation for the
handicapped and that funds to ecmplete this ~Drk be taken from the Oakes Park
reserve accoant, Item #4 on the list of reserve accounts approved by
resolution of Council c~ Jan,,~ry 25, 1982.
ORDERED on the motice1 of Alderm~n CheesFen, seconded by Alderman Kerrio, that
the report be received end adoFLed. Carried Unanimously.
Report No. 80 - Municipal Works OamL{ttee - Re: Whirlpool Road Bridge. The
report recc,~ends: 1) that the Phase 1 evaluatiOn report on the subject
bridge over the Hydro Canal prepared by Delcan be approved in principle; 2)
that authorization be granted to proceed with the Phase 11 evaluation of the
bridge; 3) that the fizm Of Delcan be engaged to carry out the Phase 11
evaluation and related engineering services for the rehabilitation ~orks; and
4) that prior to the initiatic~ of the design of the rehabilitatiOn works,
staff be directed to present for monsideratio~, ~ further report on the
reoa~,,ended course of action and financing.
ORDERED On the motion of Alderman Cheesman, seconded by Alderman Karrio, that
the report be received and adopted. Carried Unanimously.
Report No. 81 - Municipal Works Cc~ittse - Re~ Purchase of Batteries. The
report rec~L,~ends that staff from the Municipal Works and Treasury
Departments review purchasing inter-relationships between the Equipmint
Section of the Municipal Works and the Purchasing Section of the Treasury
Department.
ORDERED on the motion of Alderman Cheem~an, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unan/mously.
Rel~ort NO. 82 - Municipal Works C~t,,~[ttee - Re~ South End Depot. The report
provides information on the use made of the former Niagara Falls Hydro
property adjacent to the South End Depot c~ Willoughby Drive, which was
purchased for mmicipal use in 1981.
ORDERED on the n~iion Of Alderman C~eemmn, secc~aded by Alderman Kerrio, that
the report be received a~d adop~d. Carried UnaninDusly.
Re~ort No. 83 - Municipal Works committee - Ret Water Service Charges. The
re~=Tt rec~t,,er~ds that the appropriate secti(m of By-law 81-84 be amended to
include the following pro~xMed rates for 3/4" dismeter ~ater service
]nstallations~ (A) (i) if earth excavati~ - $500.00~ (ii} if tuck ~r frost
~2-
excavation - $550.00; and (8) over 3/4" service - actual costs.
ORDERED on the not/on of Alderman Chees~an, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
Report No. 84 - Municipal Works Committee - Re: Niagara Murray Transformer
Station Proposed Street Tree Planting, The report reea~,~ends endorsement of
a proposal made by Ontario Hydro for tree planting for its ~urray Street
transformer site are subject to approval by the Regional Municipality of
Niagara and other utilities possibly affected by the proposal.
ORDERED on the nDti(n of Alderman Chessman, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
Report No. 85 - Municipal Works Ccm~ittee - Re: Tunnel Excavatic~ from Bender
Hill Project. The report recc~mends that the proposal of Niagara
Distribution Services of $1.00 per cubic yard for the use of excavated tunnel
rock for construct/on of their site located north of the C.N.R. lands and
south of Buttrey Street be approved by Council m the understanding that our
contractor will charge ro additional ~L~ies for delivering the material to
the Niagara Distribution Services site.
ORDERED On the nDtiou of Alderman Cheesman, seconded by Alderram% Kerrio, that
the report be received and adopted. Carried Unan/mously.
Report No. 86 - Acting Administrator - Re.- Buildings & Inspections Department
Report for January, 1982. The report provides current new~ relative to
permit statistics, develoEmBnt Proposals and other noteworthy data that has
ORDERED on the nDtion of Alderman Cheem~n, seconded by Alderman Kerrio, that
the report be received and filed. Carried Unanimously.
Report No. 87 - Acting Administrator _ Re.- Appointment to Niagara Falls
Canada Visitor and Conventien Bureau. The report recc~mends that Council
make an appointment to the Bureau for the remainder of the 1982 term.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that
Mayor Thomson serve as Council ' s appointee to the Bureau, with Alderman
Janvary serving as alternate in the event Mayor T~ is unable to attend.
Carried Unanimously.
Report No. 88 - Acting Administrator _ Re: Assisted Hous'
report reccrmBnds: 1) That the survey be acce ed lng survey. The
pt by Council and referred to
the Planning Director for incorporation into the Municipal Housing Statement
now in its final stagas of completion by the Planning Department; 2 ) that the
results of the survey be given careful considarati(m as part of its review of
the Municipal Housing Statement, so~n to be presented, in the formulatic~ of
suitable policies and strategies which will/raprove the housing situation;
3) that the survey results be used by Council and staff in on-going
discussic~s of housing r~eds with Ministry staff end the specific Projections
of need be subject to final review by the Ministry of Municipal Affairs and
Housing; and 4) that the survey be made available to the East Niagara Housing
Authority, Social Planning Council and other interested agencies, builders
and service clubs to u~date then m housing needs in the City.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that
the re~ort be received and adopted. Carried Unanimously.
Repor~c NO. 89 - Deput City Clark - Re.- Restricted Are By-law 81-199,
advises that the Ontario Municipal Board has appointed Mcelday, March 8, 1982
at 11.-00 for the hearing of objections to the subject by-law.
ORDERED o~ the nDtic~ of Alderman Chees~mn, seocraed AId
the report be received end adopted Carried U by erman Kerrio, that
Report No. 90 - Act~g Administrator . Re, By-law Amending Perking
Requirements.
which reduced off-street parking standards apply,
ORDERED on the motion of Alderman C~eamren, sec(mded by Alderman Kerrio, that
the re~ort be received end adopted. Carried Ummimousl~.
/n the ;~u~mt of $834.03 f~r the x~tal of the~, the December 2I, 1981 by-law
the Penny Farthing Players, end ~ot for dema s/agara Falls Collegiate by"
the by-law. ge as originally indicated
OPd~ o~ the m~tion of Alderman Ches~mn, asc~sd
the re~ort be received sn~ file~..Carried Unanimously~' ernmn Kerr~o, that
-3-
BY-LAWS
ORDERED on the notion of Alderman Dilts, seconded by Alderman Baker, that
leave be granted to introduce tba following by-law, and t~a by-law be read a
first t/me:
No. 82-26 - A By-law to amend By-law No. 79-200, as amended by By-law No.
81-199.
Carried Unanimousl/x
ORDERED On the motion Of Alderman Chessman, seconded by Aldernk3n Currulings,
that the following by-laws be now read a second and third time:
No. 82-26 - A By-law to amend By-law No. 79-200, as amended by By-law No.
81-199.
Carried UnanimouslI
~FSSAGE OF CONDOL~qCE
It wss moved by Alderman Karrio, seconded by Alderman S~merville, that a
message of condolence be sent to the family of Gregg Denington. Carried
Unanimously.
C3JIDELINES FOR EST~RLISP~ENT OF SAFE JOGGING AREAS
Mayor Thcmson referred to the death of young Gregg Denington, who
struck and killed by an autcmobile while jogging in the Mountain Road ares,
and requested that (buncil consider setting up a committee to consider the
establishment of safe jogging areas in the City in order to prevent such
tragic circanstances frcm occurring again. The comnittee could receive
cc~m~nts fr~n the public and joggers regarding guidelines to be set down and
make recc~mendations regarding the establishment Of jogging areas.
Alderman Clmmings suggested that the Sports Advisory Board Of the
Recreation OaL.,~ission w~s the idesl body to take ou this responsibility.
Mayor Thomson felt that Track Niagara should be givan an opportunity to
participate in any meetings held on the matter.
FOllowing further c~,,tent, it was moved by Alderman ~gs, seconded
by Alderman Kerrio, that the matter be referred to the Sports A~lvisory Board
of the Recreation C~,tassion. Carried Unan/m~usly. =
ST. JOP~ AMBULANCE A~SOCIATION
Alderm~n Ckmmdngs stated that many people take for granted the
atten~nce of the St. John Ambulance Aseociatim at various sporting events
and public functions, and ha felt a letter of appreciation should be sent to
the Association for their dedicated service in the Municipality. It was
moved by Alderman Cunmings, seconded by Alderm~n Fera, that a letter of
thanks be sent to the St. John Ambulance Association f~r its past help in the
C~al,~Unity and continued service in the future. Carried Unanimously.
EXPERT TESTIMD~Sf A~ O.M.B. HEARINGS
Alderman Chessman referred to a recent presentatio~ by Mr. J. Hennessey
concerning the stability of the rock structure in the River Road ares, and
the fact that Mr. Hennessey's opinions differed with the position taken by
the City before the Ontario Municipal Board. The Alderman asked if it was
possible, notwithstanding the City' s position on the Niagara River Ins
application, to find sees independent expert testimony on this matter to
c~a~ent o~ the ability of the rock structure to support the ~sed
develo[ment.
The City Solicitor advised that it was open to Council to hire expert
evidence for any hearing where the Council has made applicatic~ to the Board
for a~proval of one Of its by-laws. In the case of the Niagara River Inn,
the City had relied on the evidence produced by the applicant in support of
the application. Alderman Cheasman suggested that staff be requested to
determine what would be involved financially in e~gagi~g a cc~suitant to
advise Council c~ this matter.
Alderman Baker felt ~hat this type of information would have been
valuable to C0uncil whe~ dealing with the subject rezon]ng. The Alderm~n
referred to the River Road study being undertaken, end suggested that
-4-
it might be wise to determine the findings of a celsultant before further
funds wore expended ~n this study.
In response to a further question raised, the City Solicitor advised
that nornelly it would be appropriate for Council to consider engaging an
expert before it made a decision. In the case of the Niagara River Inn, a
decision has been made and the Board is being asked to approve the City' s
by-law. The City Solicitor indicated that it would not be in the best
interests of the City to bring its own by-law into questira at the Board
hearing.
CH/PPA~qA LIONS CLUB CRRNIVAL
Alderman Dilts advised that he had received a call frc~ a representative
of the ~ippawa Licks Club regarding their annual carnival in Chippawa. The
Club had rode arrangements to rent the Niagara South Recreation cceplex, and
a rental fee of $1800 was being charged as conicred to $935 charged in 1981.
MayDr Thcmson explained that the fee is based on the equiFment end services
the City is asked to provide, i.e. chairs, etc. It was moved by Alderman
Dilts, sec(mded by Alderman Cheesman, that the matter he referred to staff
for the preparation of a report. Carried Unanin~usly.
Alderman Dilts advised that he had received a complaint frce an
individual Partieipathlg in the recent Skate-A-Thon at the Niagara Falls
Me~x3rial Arena, that the masic could not be turned on for the skaters by any
of the en~loyees on duty at the t/me. Apparently a technician from the firm
supplying the sound system had to he called in to Provide this service, at a
cost to the City. Alderman Ckwm~ings stated that he had also mentioned this
situation to the Director Of Buildings & Inspections, but rrfdl/ng had been
do~e to resolve the matter. The Alderman also pointed out that with the
existing system, it is not ~x~esible to make announcements f~ the front
office as could be dope with the previous system.
The Acting Administrator indicated that he had · ·
ter, and it was his understanding the sound been checking. anto the
mat systen was very sophisticated
and expensive equilmmnt' and the supplier w~nted c~ly qualified pereels
working the controls.
FOllowing further eminent, it %es moved by Alderma~ Dilts, seconded by
Aldenran Chmmings, that the matter be referred to staff for the preparatio~
of a report. Carried Unanimously.
the ~met/ng adjourn. Carried seconded by Alderr~n Merrett, that
Z Unanimously.
CcemLittee Room #1
February 22, 1982
CO~MI'ATn~ OF THE WHOLE
Council met on Monday, February 22, 1982 at 7:15 p.m. in Co~nittee Of
the Whole. All members Of COuncil Were present With the exception of Alder-
man Puttick. Alderman Janvary presided as Chairman.
Following consideration of the items presented, the Comnittee of the
WhOle arose Without reporting. . .~a~.
MAYOR ~AYNE THOMSON
COuncil Chambers
February 22, 1982
Council met on M~nday, February 22, 1982 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present, with the
exceptio~ of Alderman Puttick. His Worship, MayDr Thcmsc~ presided as
Chairman. Alderman Janvary offered the O~ening Prayer.
ADOPTION OF MINUTES
Alderman Baker advised that he would like to be shown as voting contrary
to Report No. 56 of the February 8, 1982 minutes regarding the Delcan Study -
Traffic Improvements in Queen Victoria Perk. Mayor Thomson stated that the
minutes of the meeting could not be changed at this time.
ORDERED On the motic~ of Alderman C~m~ings, seconded by Alderman S~nerville,
that the minutes of the meeting held on FebD~ry 8, 1982, be adopted as
printed. Carried Unanimously.
PRESENTATION OF RETIPd~4~NP WATCH AND 25-YEAR PLAQUE
MayDr Thcmson presented a retirement watd~ to Mr. H.R. Young who retired
as City Solicitor on January 31, 1982 after over sixtee~ years of servioe to
the Municipality. The Mayor noted that Mr. Young will he remaining With the
City On a part time basis.
MayDr Thceson .~so presented Mr. G. Oowlishaw, Garage Foreman, With a
25-Year Plaque.
PRESenTATION- PPJMESITE PROPO~AL PROGRESS REPORT
Report No. 92 - Mayor Thc~Bon - Re, Downtown Redevelolment - Primesite
Proposal. The report provides information on the efforts and progress made
to date on the Primesite Develolments proposal for Downtown redevelolm~nt.
Mayor ThC~BO~ provided additional information m the work done to date
on the [ToJect. The Mayor indicated that he w~s very inpressed With the
effort, determination and flexibility of the Primesite Group. It was advised
that an a~proach will be made to Regional Council in order to obtain the
]~egion's approval in principle of the project, which is necessary under the
Ontario DcwnteNn Redevelo]m~nt Program.
Mr. D. Smith, of Primesite Develcgments, presented a lengthy and
comprehensive project update, which included information on discussions With
the two senior levels of 9Dvehu,~xt and conrail, tenant interest in the
office complex, the retail cc~mercial portion of the proposal and the
' . hotel/cc~ventiOn centre. Mr. Smith also c<a~Lented on financing of the
lproject, and provided ]/lformati~ c~ aseessment and tax revenue resulting
from the project. ~
M~yor Thceson referred to a c~mcarn raised previ~uely concerning the
e~isting Man~x~er Office On Peer Street relcatimg in the new development, and
-2-
advised that this office was ~ot being considered in any discussions on
relocatic~ of Federal offices to the office o~mplex.
In response to a questice raised by Alderman Ckmwnings, Mayor Thomson
advised that twin office towers were being considered as opposed to c~e large
complex as a result of negotiations with both the Federal and Provincial
Governments. The City had been given an indicaticfi by representatives of
each of these levels of government, that they would like their offices to
remain separate.
Alderman Kerrio referred to the difficulties mentifmed in the report
regarding the develoFment of the hotel/conventic~ centre cc~plex, and asked
how, i~Dortant this part of the develoim~nt is to the pro 'ect. Mr. '
edVlsed that hotel/convention centre con~plex is vital to3 Smith
the success of the
entire develoFment, because it is part of the overall concept of bringing a
massive revitalizatice project into the City by providing as many different
people attractors as possible. Mr. Smith felt the Potential w~s there for
the hotel/convention centre in Niagara Falls, and each of the cceponents of
the proposal cca~01iments another.
With respect to opportunities for local businesses to locate j3] the
complex, Mr. Smith advised that every opportunity will be provided for
existing businesses to relocate in the o~plex, however it must be realized
that the cost involved would be greater than what they would probably be
paying in their existing buildings.
Mayor Thc~Bon advised that it will be necessary to ~date the City's
market study, and that he had received confirmatice fr(xa Primesite
Devel~ts, that the firm is willing to assume the cost of this update
which is estimated at approximately $10,000.
Following further comment, it ~as moved by Alderman ~leesman, seconded
by Alderman Merrett, that the report and progress report of Primesite Devel-
otxaents be received and filed. Carried Unanimously.
DEPUTATIONS
MR. J. HE~ _ GEOLOGICAL STATE OF RIVER I~OAD
Mr. J. Hennessey was granted permissic~ to address
of Alderman Chessman, seconded by Alderman Baker. Council ce the motion
he had seen the former Schcellkoph power station Mr. Hennessey stated that
, located c~ the American
side of the gorge, collapse in 1956. During that catastrosphe,. Mr. Hennessey
indicated that he had seen a man killed by falling rock while trying to
escape from the oollapsing building. This tragedy, which left a lasting
impression in Mr. Hennessey's memory, was caused due to Water leaking through
the strata and building up Pressure behind the building, eventually eroding
the support of the rock and causing the tx)wer statics to collapse.
Mr. Hennessey e~31ained the ~arning SySte~B and Protective seascress taken by
Ontario Hlairo and the Niagara Parks Ccmnission in order to sustain the
Ix3sitic~ and structural integrity Of their f. ·
the Micha
either could not or ~aDuld not comprehend the Potential hazard involved in
building these structures so close to the gorge. Mr. Hennessey reviewed the
evidence submitted by the expert witnesses in both of these applications on
the stability of the rock structure in the area in c~isc~ with his oNn
calculatims. In the case of the Niagara River Inn, Mr0 Hermeseel; felt ~he
building should be constructed 220' beck from the
suggested by Mr. W. Trow, a Professional eng eer who provided evidenc~ at
in gorge and not 170' as
the hearing for the aPplicant. In the case of the Michael' s Inn addiris1,
Mr. Hennessey was critical Of the fact that the developer's geologist had not
carried cut an investigation of the everall stability of the cliff.
basis of this inforn~tien, Mr. Hennessey felt the Council should ask On the
fcra
review of the Board' s decisic~s in cTder to ensure that the area really is
safe for the type of co~truc~t~
proposed. Mr. Hennes~ey was of the
that no em~e~.ent geologist ~3uld indicate that the are ~as stable. opinio~
infermati~l ~s provided by Mr. Hennessey in respmse %O a n~her of
questiceS =aised. Further
In response to a questio~ raised AId '
edvl~ed that with respect ~o the River~ erm~l
1 idefice~ the City
-3-
wished to consider, it would not be a case of a re-hearing, but the City
asking the Board not to consider the application for approval of its by-law.
~ne City Solicitor stated that Council had made a decision at the previous
meeting to ask the Board to consider the objections received, including
Mr. Hennessey's objection, and it is within the Board's discretion to
consider these matters. It ~as pointed out that Ontario Municipal Board
hearings are held under adverserial conditions, and the evidence was subject
to cross-examination. The City Solicitor stated that the objection of
Mr. Hennessey, which would be considered as further cross-examination, is
scmething the Board is open to consider again at the further hearing.
Mr. Henaessey stated that the Board's decision did not reflect the
evidence given by Mr. Trow at the earlier hearing. Mr. Hennessey stated that
he ~9uld like Council to be on record as not being satisfied with the safety
aspects Of the application. The City SOlicitor [Dinted out that unless
Council wishes to withdraw its applicatiou for approval of the by-law, it
would not be in the Council' s interests to call into question or oppose its
In response to a question raised by Alderman Janvary, the Traffic and
Construction Engineer advised that the City has not done an extensive survey
of the bank to determine its ability to support buildings. A study
undertaken in the area to determine whether or not a watermain could be
installed by blasting. The Traffic end Constraction Engineer reminded
Council that neither the Board nor the City has the responsibility to decide
on the designs of buildings. The responsibility would fall en the engineer
called upo~ to pretk3re the design Of a building, and that design would have
to conform to the requirements of the Ontario Building Code. With respect to
the Code itself, the Traffic & Construction Engineer stated that the Code
does recognize the instability of the urea and mukes provision for this fact
so that buildings can be safely constructed.
In response to a further question raised by Alderman Janvary, Mayor
Thomson indicated that the Niagara Parks Ccf~nission has carried out studies
of this nature.
Following further cc~ment, Meyor Th(xaso~ stated that the concerns of
Mr. Hermessey have been referred to the Board for consideratig~ in its
decision on the Niagara River Inn proposal.
UNFINISHED BUSINESS
pEOPOeED ZONING E APPLICATION kM-6/81, NIAf~ARA B~I'I'fia~Y & TIRE,
5293 BPJDGE STREET
Rep3rt No. 36 - Acting Administrator - The report reds passage of
by-laws to permit the use of the subject lands to be used for the purpose of
the sale and installation of tires and batteries for motor vehicles and to
designate the lands as a site plan control area,-end further approval of the
site plan sul~itted-'subject to certain cc~ditio~s.
OPd)ERED on the motion of Alderman beesman, seconded by Alderman Cunxning,
that the report he received and adopted. Carried Unanimously.
See By-laws 82-12
end 82-13
REQUEST OF MR. S. ROARO0 FOR REVISIONS ~0 BY-LA~ NO. 1467-1420-76
Report No. 93 - Acting Administrator - The report recka,~ends that no
revisions be requested by the City of Niagara Falls at the Present time to
the provisions of By-law No. 1467-1420-76 of the Regional Municipality of
Niagara which exu~s food shops in the City ff(~ the provisions of Section 2
of the Retail Business Bulidsys Act providing the total area used for serving
the public or for selling is less than 7,500 sq. ft. and further that a copy
of the report be fozw~rded to Mr. Roarco.
Alderm~n Janvary asked if the City has received any ~ther cc~01ainte as
a result of the Sunday store openings. The Deputy City Clerk advised that
during the six week period Prior to Christmas, several oa~laints were
received flu,, large grocery store chains, however co us, plaints were received
after the holiday season. Mayor Thc~B(m also indicated that he had received
a oac~lai~t fk'~{, a s~ll variety store in the area that its business had
been affected hmBdiately, however the situation had improved shortly after.
-4-
-5-
Mayor Thomson and the Acting Administrator provided additional
information in response to a question raised by Mr. Roarco.
Following further cement, it was moved by Alderman Kerrio, seconded by
Alderman Fera, that the report be received and adopted. Carried Unanimously.
Report No. 94 - Acting Administrator - The report reconmends that the
decision of Council made in Comnittee of the Whole on February 15, 1982 to
increase the subject salary schedule by 9 1/2% retroaetive to January 1,
1982, be confirmed.
During the discussion on this matter, the members of Council expressed
their reasons for either supporting or oppos/ng the increases.
Foll(~qing oonsiderable discussicn, it was moved by Alderman Chessman,
seconded by Alderran Baker, that the report be received and adopted. The
motion Carried with the follf~wing vote:
AYE: ~n Cheesran, Fera, Baker, Janvary, Merrett and Kerrio.
NAYE: Aldermen Cummings, Dilts, err, Schisler and Sceerville.
ODMMUNICATIONS
No. 53 - Niagara Follies - Re.. Niagara Polllee Musical Variet Show.
the
AP and 17the
Mayor Thc~son suggested that those members of Council who plan to
participate in the variety shcw, sukmit their names to the Deputy City Clerk
who can notify Niagara Follies accordingly. Aldermen Cunmings, Dilts, Baker,
Janvary and Merrett indicated that they planned to Participate.
ORDERED on the motion Of Alderman Janvary, seconded by Alderman Baker, that
the cc~municaticn be received and filed. Carried Unan/mously ....
No. 54 - Niagara Felllee - Re.. Promotional Banner. The ccemunication
requests Permission to erect pzu~tional banners on Victoria Avenue and on
MeLeedRead.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cunmings,
that the request be granted and that the request be referred to the Regional
Municipality of Niagara for consideration. Carried Unanimously.
NOTE.. Alderman Dilts was absent when the vote was
taken on this matter. ~,
No. 55 - City of st. Catharines _ Re.. Resolution on Foreign Vehicle Imports.
The c~,unication requests endorsaticn of a resoluticn requesti~g the Federal
Government to negotiate a new autcmotive products arrangerent with the United
States that will provide for a level of Canadian Value Added content of not
less than 85% and to negotiate agreements with all other foreign vehicles
pruducers that would require then over a limited period of time to achieve
level of Canadian Value Added Content of not less than 85%. a
ORDERED on the motion of Alderman C~anings, seconded by Alderman Merrett,
that the resolution be endorsed. The motion Carried with Alderman Orr voting
cce~trazy, and all others voting in favour. ""'-
NOTE..Alderman Dilte ~as aimant ~ the vote was
taken on this matter.
No. 56 - Hamilto~ Travel Niagara - Re.. Parking Meters. The oa~i~unication
requests that the City ccnsider the re.oval of parkin~
~./zmex~n Avenue area. meters in the
ORDERED on the nD~don of Alderman Merrett, seconded by Alderram Cunminge,
that the ccmmuriicaticn be referred to the Municipa~ Parking & Traffic
C~m~ittea for consideration. Carried Unanimously.
NOTE.. Aldei]~.a Dilts was absent When the vote was
taken on this mmtter.
duration of the outlet's stay in the City. The ccmmunication also requests
that the City provide a list of events at which this cutlet could be placed
temporarily ·
ORDERED on the motion Of Alderman Oxmlings, seconded by Alderman Baker, that
the ccrrunication be referred to staff for the preparaticn of a report.
Carried Unanimously.
NOTE: Alderman Dilts w~s absent when the vote was taken
on this matter.
No. 58 - Stamford Centre Volunteer Firemen's ASsociation - Re: Hockey Peel.
The cuLu~unication requests that the City support the ASsociation's position
in requesting amendments to the Criminal Code to allcw the Asscoiation to
continue operating its hockey pool as a ftuld raising method to provide
services in the ccerunity.
ORDERED on the motion of Aldemm~n Merrett, seconded by Alderman Kerrio, that
the request be supported, and further that a copy of the letter be sent to
the local Member of Parliament for support. The motion Carried with Alderman
Cumings abstainirg on a conflict of interest, and all others voting in
favour.
NOTE: Alderman Dilts Was absent when the vote Was taken
o~ this matter.
No. 59 - ~anamid Canada Inc. - Re: Stanley Avenue Entrance. The
cum~unicatlon advises that the Niagara Plant has received approval to
construct a Security Control Centre at the plant' s Stanley Avenue entrance,
with completion of the facility scheduled for late Spring.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Curanings,
that the cum~unicaticu be referred to the Municipal Works CceruLttes for
information. Carried Unanimously.
NOTE: Alderman Dilts was absent when the vote was taken
on this matter.
No. 60 - Mr. & Mrs. J. Healey - Re: City ~ployees and Operations. The
o~.~unication praises the City and its employees for their efficient service
-in snow removal operations during the storm c[l Janetory 31, 1982.
ORDERED on the motion Of AIdeman Kerrio, seconded by Alderman Cheesman, that
the a letter of appreciation be forwarded to Mr. & Mrs. Healey for their kind
cu~.(ents, and that the letter be posted at the Municipal Service Centre.
Carried Unanimously.
NOTE: Alderman Dilts Was absent wb~n the vote was taken
on this matter.
No. 61 - Mr. G. Gleln - Re.- 3~4CA Debt. The ccmmmicatioa expresses
opposition to any action by the City that ~Duld transfer any part of the
~e~CA'B debt to the public. -'
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, .that
the cu~unication be received and filed. Carried Unanimously.
No. 62 - Mr. A.A. MacBain, ~ - Re.. E~31oyraent and Public Works (Niagara
Falls). The cu~unication requests that the City prepare a list of possible
rm/nicipal works projects that could be considered, which ere necessary and
which would have long term beneficial effects in addition to providing
enl~loyment in the short term.
ORDERED on the nx)tion of Alderman Cunmings, seconded by Alderman Kerrio, that
the Mayor be authorized to forward a reply to Mr. MacBain including any
suggestions of possible City projects. Carried Unanimously.
No. 63 - Stamford Centre Volunteer Firemen's ASsociation - ~aa Annual
Carnival. The ua~,cunication requests permission to operate the annual
carnival on June 16, 17, 18 and 19, 1982 at the Stamford Green, end
permission to have Joyes Sh~s of London operate the rides and concessions
during the Carnival.
Alderman Janvary ou~%~ented that the Chippawa Lions Club would be holding
_ '" its annual carnival on the same dates. Mayor Thereon felt that the City was
No. 57 - Region Niagara Tourist Council , Re~ ~lcating Infernmtion Outlet. not in a position to tell the Clubs When they can arrange events such as the
.T~e ~,~,~.icati~ requests ~hat the City cuzisider
%he O~~sirdn on the n~cion of Alde~n Marteft, saamded ~F Alderm~n ~,-~rville,
that the requests be gren .
g a~ a amflic~c of interest, and al~T"~'~Fs ~ycing in fayour.
-6-
No. 64 - Niagara Falls Lioness Club - Re: Broom Drive. The cc~cation
requests permission to hold the annual Broom Drive which will begin in March
and depending on the weather, will continue until May or June.
ORDERED on the motion of Alderman ~gs, seconded by Alderman Fera, that
the request be approved. Carried Unanimously.
No. 65 - Oktoberfest Niagara - Re: Financial Assistance. The c~cation
requests that the City consider providing a grant in the amount of $2,500 in
1982.
ORDERED on the ~Dtion of Alderman Cheesman, seconded by Alderman Fera, that
the request be referred to the Finance Cce~dttee for consideration in
ccMljunction with 1982 operating budget discussions. Carried Unanimously.
No. 66 - Chip~aw~. Lions Club - Re: Annual Carnival. The c<a~,lunication
requests permission to operate a beer ooncession in conjEtion with the
annual carnival to be held at the Niagara South Recreation Centre un
June 16th, 17th, 18th ana 19th, 1982.
ORDERED on the re3tion of Alderman Fera, seconded by Alderman Kerrio, that the
request be granted subject to established policy. Carried Unar~usly.
No. 56 - Recreation C0rmlission - Re: Area Recreation Board APPointments. The
report recka,,,ends that Council confirm appointments to the various Area
Recreation Boards for me and two year terms.
ORDERED on the motic~ of Alderman Cumnings, seconded by Ald~ Sohisler,
that the re~ort be received and adopted. Carried Unan~ly.
· ..
e 1 r ~r % t Redevelo[ment Area By-law 77-238,
Ry son Marke
Neighbourhood Improve~mnt Program. The report recur,lends passage of a by-law
to a~end the RYerson/Market Area Neighbourhood Improvement Program By-law
No. 77-238 by excluding the new Downtown Redevelo~m~nt Area designated by
By-law 81-245.
ORDERED on the mDtion of Alderman Cheesman, eecc~ded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
See By-law 82-27
No. 58 - Actin,q Administrator _ Re: St. John of Rila Bulgarian Eastern
Orthodox Church Offer to Purchase a Closed Part of First Avmue and Part of
Lot 196, Plan 316 m the North Side of Willm0tt Street. The report
recfsmmnds that Council approve in principle the sale of the subject lands to
St. John of Rila Bulgarian Eastern Orthodox Church for the s~n of $4,000, and
further that a by-law to authorize the sale of the land be suk~itted to
Oouncil for ~onsideratic~ at a subsequent meeting after the Church has
submitted details of the uses which it ~:ro~oses for the land.
ORDERED on the motira of Alderman Orr, seconded by Alderman Sc~_rvilie, that
the report be received and adopted.
Carried Unaninuusly.
No. 59 - Acting Administrator _ Re: Lot 13, Falls Industrial Park Extension.
The report zBoa,~.nds that Council approve of the transfer of ownership of
Lot 13, Plan M-67, frcm Antiryas Kalaycioglu and Abraham Aghamanoukian to
Peter Miele subject ~o the proposed ~urchaser etaring into an appropriate
agreement with the City.
ORdeRED on the motion Of Alderman Baker, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 60 - Municipal Perkin~ Traffic Co~mittee - Rel Park/rig c~ Kalar Road
and Thorold Stc~e ~oad. report recc~ 1) ~lat the Region be
requested to extend an existing p~rking Prohibition on both sides of Thorold
Stc~e ~oad fr~. Kalar Road easterly flarther to the east~ and 2) That the
necessary by-law be prepared to further Prohibit perking c~ the westerly side
of Kalar ~oad to provide for r~ park~g ~ny time free ~horold Stone ~oad to
Shriner's Creek, and on the easterly side to the south limit of the
cc~mer~ial proxy across the street.
ORDERED on the motira of Alderman Merrett, seconded by Aldermmn Fete that
the re]3ort be received end ado~. Carried Unan~ly' ,
No. 61 - Act~ A4min~stra~or. Re, C0ntmct S S
O~D~ED c~ the m0tic~ of Alderman Fera ~ the. eject ~o~t~aut.
See Re~OlUtion 6A
.... .. ..,See By-law 82-?.8
-7-
No. 62 - Municipal Parking & Traffic Committee - Re: Parking on Peer Street.
The report reccr~Nends: 1)That parking be limited to two hours c~ the south
side of Peer Street across the frontage of Ontario Food Market ara the three
residences to the east; and 2) that parking ke prohibited on the south side
of Peer Street frcm December 1 to March 31 in front of these same three
residences ·
ORDERED On the motion of Alderman Merrett, seconded by Alderman Cu~gs,
that the report be received and adopted. Carried Unanimously.
No. 63 - Municipal Parking & Traffic Comnittee - Re: Parking Rate at the
Hospital. The report recc~F~nds that Council suggest to the Hospital Board
that a parking rate increase not be put in place at this time.
Alderr~3n Janvary stated that she was aware that the Hospital Board W-us
considering changes in its parking system, however she Could not support the
reccnm~/laation in the report until she knew what changes would definitely be
made at the Hospital.
Alderman Fera indicated that he was opposed to the proposed increase,
particularly since the Hospital's parking fund revenue had shown a
substantial profit last year. The Alderman stated that he did not agre with
people having to pay in order to visit the sick, and suggested that such a
move showed a lack of understanding (n the [ert of the Hospital.
Alderman Merrett advised that there had been scme discussira on the
proposed increase by the Hospital at the Municipal Parking & Traffic
C~,,:ttee meeting, due to the burden such action puts on the City's on-street
parking in the area. Alderman Cheesman pointed out that the report was c~ly
requesting the Hospital to consider the effects of such actic~ before taking
any further steps to increase the parking rate.
Alderman Kerrio felt that the Hospital would put any increased revenue
from its parking operation to good use.
Following further eminent, it was roved by Alderman Cu~aings, seconded
by Alderman Fera, that the report be received and adopted. The motion
Carried with Alderman Janvary voting contrary, and all others voting in
favour.
NO. 64 - Municipal Parking & Traffic C~mattea - Re: Perking (n Armoury
Street. The report rec~cends that parking be limited to two hours c~ the
north side of Armoury Street frcm Victoria Avenue to Second Avenue, from 8:00
a.m. to 6:00 p.m. a~ly.
Alderman Cun]nings advised that there has always been a problem with
inadequate parking for persces working in the CORE building, and the action
re(x~mBnded in the report would c~ly aggravate this situation. The Alderman
noted that many of the people working out of this building are doing so m a
volunteer basis, and it would be inconvenient for them to be running cut and
putting money.in parking meters all the time.
The Traffic & Construction Engineer advised that the Deputy Director of
Recreation has been working with the CORE build/rig people on the parking, and
it ~as his understanding that every permanent ~,~loyee has bean issued a
parking sticker entitling then to a parking space. Those persons coming into
the building over and above the persons there all day, were in met cases not
staying more than two hours, and it was felt the two-hour parking restriction
would be more of a benefit to the CORE building than an inconvenience.
Alderman Cummings felt the matter Should be tabled until sees action can
be taken to improve the inadequate parking in this area.
Foilswing further c~,,,ent, it was moved by Alderman Merrett, seconded by
Alderman Baker, that the re~ort be received and adopted. The hD~ion Carri. ed
with Alderman C~ge vot~g contrary, and all others voting in layout.
No. 65 - Acting Administrator - Re: Contract C.R. 1-82 Culvert Reconstruction
on Thorold Town Line Road - Award of Contract. The report resumentis that
acceptance of the unit prices 'submitted by Maple Engineering & Construction
Co. Ltd. and paeeage of a by-law to authorize the tender award and the
t~a~oraXy closing of the road as required during constructio~
~a~firnBmtion there are no presentatio~s that the lands my be preJudicially
affected k~ the works.
During consideration of this matter, several members questioned the wheel and outdcor anusenent are on the Pyramid Place site on Robinson
ability of the low tenderer to perform this work, since this contractor had
not performed any work for the City in the past. Street. Since the application was to be processed in the usual ~anner,
the Azting Administrator advised that the material was strictly for
It ~as moved by Alderman Merrett, seconded by Alderman Kerrio, that the information purposes.
report be tabled for one week pend~g additional information. Carried
Unanim~sly. . RESOLUTIONS
No. 6A - FERA - DILTS - RESOLVED that the unit prices suk~itted by L & N
No. 66 - Finance Con~ttee - Re: Statement of Renameration and Expenses, Construction and Excavating of Niagara Limited for the construction of a
1981. The report provides an itemized statement of the renuneraticn and storm sewer on Drtmr~nd Road from McLeod Road to Dunn Street, be accepted at
expenses paid to each member of Council and to those members of local Boards the tendered price of $318,692.00; AND the Seal of the Corporation be hereto
appointed by the City Council, as required under Section 389d (1) (2) of the affixed. Carried Unanimously
Municipal Act.
ORDERED on the motion Of Alderman Fera, seconded by Alderman Kerrio, that the
report be received and filed. Carried Unanimously.
No. 67 - Acting Administrator - Re: Municipal Accounts. The report
recommends paynent of the m/nicipal accounts. ORDERED on the motion of Alderman Dilts, seconded by Alderman Kerrio, that
Additieaal information was provided on Cheques #8068, ~8145, #8179, leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
#8204, #8208, #8211, #8215, and #8265 in response to a ntmlber of questions
raised by Ald~ Cu~gs, Baker and Somerville. No. 82-12 - A By-law to amend By-law Ego. 79-200, as amended. (AM-6/81)
With respect to C~eque ~8250 for pa3~ent of nmmbership fees in the No. 82-13 - A By-law to designate an area of land in the City of Niagara
Ontario Perks Association, Alderman Cummings questioned whether it w~s Falls as a site plan control area. (AM-6/81)
necessary to have six menbershipa in the Association.
No. 82-27 - A By-law to amend By-law No. 77-238, being a by-law to designate
Alderman Merrett asked if there was any way the Treasury Department a redeveloEr~nt area-
could show separately the chegues written in payment of accounts for the No. 82-28 - A By-law to authorize the execution of an agreement with L & N
business ares kx)ards of manage~Bnt, since these ware board funds and rK)t City Construction and Excavating of Niagara Limited for storm sewer
funds. The City Treasurer indicated that ha would look into it.
construction on D~d Road from McLeod Road to Dunn Street.
Following further consideration, it ~as moved by Alderman Fera, seconded No. 82-29 - TABT,Rn
by Alderman Kerrio, that the report be received and adopted. The motion
Carried with Aldermen Chessman and Merrett abstaining on Cheques ~246 and
~ii~'Frespectively, and all others voting in favour. No. 82-30 - A By-law to ten~x3rarily close part of Gunning Drive.
No. 68 - Acting Administrator _ Re.- Site Plan Approval for Proposed'Souvenir No. 82-31 - A By-law to authorize an agreement with Dominion Electric
Store Stanley Avenue and Kitchaner Street. The report reccmm~.nds approval of
Protection C~,pany respecting the purchase and maintenance of a
the subject site plan subject to certain conditions. fire detection system at the City Hall.
ORDerED on the motion of Alderman Cheesman, seconded by Alderman Baker, that
the report be received and adopted.
Carried Unanimously. No. 82-32 -'A By-law to authorize an agreeraent with Dominion Electric
Protection ContBny respecting the purchase and maintenance of a
No. 69 - Aoting Aaministrator _ Re.- Site Plan Approval for Proposed fire detection system at the City Hall Garage.
epp o of the s,ta ,lan to certain co iti,,.
re3~mends No. 82-33 - A By-law to authorize an agreePa~t with Dcrdnion Electric
which the building would be pat. -
It was moved by Alderman Merrett, seconded by Alderman Fera, that the protectloci Company respecting the purchase and maintenance of a
repo be bled for =ied
No. 82-35 - A By-law to authorize an agreement with Win. London and
No. 70 - Acting A~ministrator _ Re~ Purchase of Fire Department Vehicles, Associates Limited for the structural investigation of Oakes Park
The report reccme3ds that Council accept the quotation frc~,Autoland Crysler Bleachers.
vehicle at a cost of $8,295. ale peasenger
· I No. 82-36 - A By-law to provide monies- for general parposes.
on ths aon of by er, c ried with
purchase of the AR~ WOrd processing voting contrary
equilmmnt at a total cost of $20,272.22 and that the mmunt.be provided in .
By-,aw 8 -12,
Additional informatial ~as provided in res~nse to questfens raised by
members of (~neil. fayoar.
ORDERED on the motial of Alderman C~gs, seconded by Alderman Kerrto, that ORDERED cn the motion of Aldermen Fera, seconded by Alderman Kerrio, that the
the report be received ar~ a~pted. Carried Unanimously.
, * ' * ** * 82-12 -toBy-law 9-200,.
T~e Acting ~dministrator distributed copies of ~1 a No. 82-13 - A By-law
- 10 -
No. 82-27 - A By-law to amend By-law No. 77-238, being a by-law to designate
a redevelop~ent area.
No. 82-28 - A By-law to authorize the execution of an agreement with L ~ N
Oonstruction and Excavating of Niagara Limited for storm sewer
construction c~ Drum~oad Road from McLeod Road to Dunn Street.
No. 82-29
No. 82-30 - A By-law to temporarily close part of Gunning Drive.
No. 82-31 - A By-law to authorize an agreement with Dominion Electric
Protection Company respecting the purchase and maintenance of a
fire detection systen at the City Hall.
No. 82-32 - A By-law to authorize an agreement with Dcminion Electric
Protection Company respecting the purchase and maintenance of a
fire detection system at the City Hall Garage.
No. 82-33 ~ A By-law to authorize an agreement with Dominion Electric
Protection Con[eny respecting the purchase and ma{ntenance of a
fire detectice1 system at the Lundy's Lane Historical Muse~n.
No. 82-34 - A By-law to authorize an agreement with Dominion Electric
Protection Company respecting the purchase and maintenance of a
fire detection systen at the Provincial Court House.
No. 82-35 - A By-law to authorize an agreement with W.P. London and
Associates Limited for the structural investigfation of Oakes
Park bleachers.
No. 82-36 - A By-law to provide nunies for General Purposes.
Carried with Aldermen
Cheesman an~ Merrett
abstaining on By-law
82-36, Alderman Baker
voting contrary c~
By-law 82-12, ara all
others voting in
favour.
N~q BUSINESS
SOUND e _ NIAGARA FALLS M~MORIAL ARENA
In response to a question raised by Alderman Cu~nings, the Acting
Administrator indicated that there is a cost of $10.00 per hour to have a
technician free the supplier of the sourd system at the Arena on hand in
order to have ~usic played ~var the system. It ~as further advised that a
full report was being prepared on the matter. Mayor Themson provided
IMP~OV~M~VlB TO P..'£~.~ON fX~ ~DRKSHOp
It was moved by Alderman Dilts, secoraed by Alderman Baker, that a
report be prepared (m the repairs necessary to the Petersc~
Workshop building in Chip~wa. Carried Unan~ly.
Alderman Kerrio felt it would be of benefit to all/nvolved if there
were a writtel report available that explained the City's actions with
respect to the contract for the Firehall Theatre, and the financial problere
being e~oerier~ed by the contractor who u~der~3ok the work for the City. It
w~s moved by Alderman Kerrio, seconded by Aldermen Oamings, that the matter
be referred to s~aff for a full reXxEt. Carried Unanimously.
It wae moved by Aldermen Chees~en, seconded by Alderman Baker, that the
n,~,,,=.tn~ Aa~m. carried un~r,i~xy.
- 11 -
CLERK MAYOR WAYNE THOMSON
Council Chambers
March 1, 1982
SPECIAL
Council met on MOnday, March 1, 1982 following a General Oam~ttee
session. All members of COuncil were present. His Worship, Mayor Thcmson
presided as Chairman.
RATIFICTION OF G~qERAL CO~'l'l'~i~ [ECISIONS
Report No. 72 - Finance Committee - Re: C.W. Palmer Park - Y.M.C.A. The
report reea,,~ends that staff be authorized to negotiate a price to purchase
C.W. Palmer Park from the Y.M.C.Ao and report back to the Finance Committee
of Council.
ORDERED On the mDtion of Alderman Cheesman, seconded by Alderman Currulings,
that the report be received and adopted, and further that staff obtain an
appraisal on the lands and determine what grants will be available to the
City for the perchase of the Park. The motion Carried with Aldermen Dilts
and Merrett voting contrary, and all others ~oting in Eavour.
Report No. 73 - Acting Administrator - Re: Contract C.R. 1-82, Culvert
Reconstruction - Thorold Town Line Road, Mditiorml Information on Low
Tenderer. The report provides additional information on the low tenderer,
Maple Engineering & COnstruction CO. Limited as requested by COuncil at a
previous meeting.
Report No. 61 - Acting Administrator - Re.' Contract C.R. 1-82, Culvert
Reconstruction On Thorold Town Line Road - Award of COntract. The report
reoa,,Lends acceptance of the unit prices sulm~itted by Maple Engineering and
Co~struotion Ltd. and passage of a by-law dealing not only with the tender
award but the temporary closing of the road as required during construction.
ORDERED on the motion Of Aldern~ln Chses~kln, seconded by Alderman Cummings,
that Report No. 73 be received and filed, and Report No. 61 be received end
adopted. Carried Unanimously.
See Resolution #8
See By-law 8~
Raport No. 74 - Acting Administrator - Re: Site Plan A~proval - P~ul~osed
Cca~rcial bevelolmP_nt Lunay's Lane end Kalar Road (Southeast COmer). The
report provides information on the uses permitted for the subject pAuperty.
Report No. 69 - Acting Administrator - Re.' Site Plan Approval - Proposed
Commercial beveloEment Lundy's Lane and Kalar Road. The report reoc~m~nds
approval of the site plan subject to certain conditions.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that Report No. 74 be received and filed, and Report No. 69 be received and
adopted. Carried Unanimously. _.-
Report NO. 75 - Finance' Oa,,Lattea - Re: 1982 Interim Tax Levy. The report
rec~.,ends approval of the interim tax levy for 1982 with two instalments and
the passage of the by-laws authorizing the interim levy and the collection of
· the interim tax levy.
ORDERED on the motion of Alderman Chessman, seconded by Alderman C~gs,
that the report be received and adopted. Carried Unanimously.
Report No. 76 - Acting A~ministrator - Re.' Application for Ontario Downtown
Revitalisation Program Funding. The report reoa,,,ends that COuncil resolve
that Mr. R. Dee, senior in the firm of Larry T. Smith Marketting C~nsultants,
be authorized to u~date the 1978 Study carried cut by that firm, and that the
updated Study then form part of the application for funding under the Ontario
Downtown Revitalisation Pro~.
ORDERED on the i~otion of Alderman Cheasman, seconded by Alderman Cunmings,
that the re~ort b~. received and adopted. Carried Unanimously.
C~a,unication No. 67 - Optimist Club - Res Grant in Lieu of Taxes. The
c~,,,unication requests consideration of a grant fran the City in lieu of
taxes for 1982.
ORDERED on the ii~,~.dt.on Of Alderman Chessnan, sacc~ded by Alderman Cun~ings,
that the c~,.,unication be referred to the Finance Oa,.,.~ttes for co~sideration
in ~iJunution with 1982 operating budget discussio~s. Carried Unanimously.
-2-
Cum:unication No. 73 - Chamber of Cemerce - Re: Representation c~ the
Chamber of Commerce Board of Directors. The conmunication requests that
Council appoint a permanent representative c~ the Board of Directors as
opposed to a representative member of Council c~ a rotating basis.
ORDERED on the nDtic~l of Alderm~n Cheesman, seconded by Alderman Cur~nings,
that Mayor Thcesc~ be appointed as Council' s representative c~ the Chamber
of Ca,,,erce Board, with Alderman Merrett serving as alternate. Carried
Unanimously.
(Xmmunication No. 74 - Stamford Horticultural SOciety - Re: 1982 Grant. The
ccrmunication requests consideration of a grant in the anuunt of $1200 for
the year 1982.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Ckmmlings,
that the c~,,,unication be referred to the Finance C(mmittee for consideration
in conjunction with 1982 operating budget discussions. Carried Unanir~ously.
Cc~m~mication No. 75 - March of Dimes - Re: Request for Grant. The
cel.mmication requests consideration of a municipal grant for the year 1982.
ORDERED on the motion of Alderman C~eesman, seconded by Alderman Cunmings,
that the c~,,,unication be referred to the Finance C~.l,~ttee for consideration
in conjunction with 1982 o~erating budget discussions. Carried Unamimously.
RESOLUTIONS
No. 7 - BAKER - JANVARY - RESOLVED that pursuant to the Public Transportation
end Highway In~3rovement ~Et, the Council Of the Corporation Of the City of
Niagara Falls hereby requests an allOcation of subsidy funds for public tran-
sportation in the em0unt of $6,577.00 for the Transit Operating ASsistance
Programme; AND the Seal of the Colix)ration be hereto affixed.
Carried Unanimously
No. 8 - CHEESM~N - Ct~MINGS - RESOLVED that the unit prices suhnitted by
Maple Engineering & Construction Ltd. for culvert reconstruction (m _ThorOld
Tc~nline Road, be accepted at the tendered price of $55,658.36; AND the Seal
of the Corporation he hereto affixed.
Carried Unanira0usly
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Curehinge, that
leave he granted to introduce the following by-laws, and the by-laws be read
a first time:
.No. 82-37 - A By-law to authorize the construction of certain alteratices and
improvements to Thorold Townline Road at Te~ Mile Creek.
No. 82-3_______~8 - A By-law to provide for an interim levy of taxes.
,No. 82-39 - A By-law to provide for the collection of interim taxes for the
year 1982.
Carried with Aldermen
Fera, Puttick and
.. Schisler ~3t/ng ~-
trary on 82-39, and
all others 'voting in
favouro
ORDERED ce the motion of Alderman Marrett, seconded by Alderman Baker, that
the following by-laws be ~0w read a second and third time~
No. 82-37 - A By-law to authorize the construction of certain alterati(ms and
in~orovements to Thorold Townline Road at Ten Mile Creek.
No. 82-38 - A By-law to provide for an interim levy of taxes.
No. 82-39 - A By-lw to provide for the collectio~ of interim taxes for the
year 1982.
Carried with Alderme~
Fera, Puttick end
$chisler ~ em-
trary o~ ~-39, ~
~1 ~er8 ~g ~
law.
-3-
TENDER FOR Pa~qTAL OF EQUIPMENT AT THE IANDFILL SITE
Alderrash Dilta referred to the tender for rental of equil~nent at the
sanitary landfill site which ~as scheduled to be opened the next day, end
asked why an addendun had bean sent out that changed t~a bonding provisions
so that cash or a letter of credit %ould be acceptable. The Director of
Municipal Works indicated that this addendun would provide tenderers with an
o~tion other than the standard bonding requirements usually included in
contract documents. The City Treasurer advised that this addend~n had been
sent out as a result of a request mode by a prospective tenderer. The
request had been checked by the Legal Department, and it was felt such an
option would be ~ermissble.
Alderman Dilte felt that this change could make it possible for a
contractor to bid on the contract who would normally not be able to subnit a
bid. The Alderman also referred to the problems the City has experienced
with this tender in the past, and expressed his concern that tenderers who
have already suhnitted bids may object and cause another controversy over
the tender award.
In response to a question raised, the Director of Municipal Works stated
that it is normal procedure to sema addendure out as a result of an inquiry
by a prospective tendeter. In view of the deadline on the tender opening,
the Director of Municipal Works felt it was within his jurisdiction to make
sure there was no misunderstanding. It was suggested that the tender opening
could be tabled for one week in order to allow all tenderers subhitting bids
sufficient time to review the addendun.
Following further eaL,:ent, it was roved by Alderman Dilts, seconded by
Alderman Kerrio, that the tender opening for the rental of equil~aent at the
sanitary landfill site, be deferred for one week. The m3tion Carried with
Aldermen Janvary, Merrett and Puttick voting contrary, and all others voting
in fayour.
Alderman Oanmings advised that be had received a co~31aint from a
resident on Olenholme Avenue regarding the former Peninsula Iron Works
building. Mayor Thc~son indicated that staff have been investigating this
oc~,~laint as a result of similar calls, and suggested that a report be
sukeitted to Council on the matter. It was noved by Alderman Cummings,
seconded by Alderman Janvary, that the matter be referred to staff for the
preparation of a report at the next meeting of Council. Carried UnanimousiX.
USE OF CITY NAME BY FIREFIGHTERS RECREATION ASSOCIATION
Alderman CkaTmings referred to a notice included' :in the Council moterial
of an application for a'clab lounge liquor licence by the Niagara Falls
Firefighters Recreation Association. The Alderman questioned the use of the
'City' s name'by the Association. Mayor Thc~soa pointed cut that the Club had
· no affiliati0~ with the City, and that m~ny organizations and businesses use
the words '~iagera Falls" in their names. It ~as moved by Aldemmsn Cunmdngs,
seconded k~y Alderman Kerrio, that the matter be referred to the City
Solicitor for an opinion on the use of the City' s name by the Association.
The motion ~Tied With the following vote~
AYE~ Aldermen ~easman, C~:~ngs, Fera, Janvary, Kerrio, Somerville and
Mayor Thereon.
~RYE~ Aldermen Baker, Dilte, Marrett, Orr, Puttick and Schisler.
It was moved by Alderman Schisler, seconded by Alderman ChasePan, that a
letter of condolence be sent to the family of the late Mr. E. Morningstar,
former MLA for the Welland riding, and a respected citizen in the Region.
C~rried Unanimously.
Alderman Janvary asked if there would be any type of information sent
cut With the interim tax bills that would explain the levy and the penalty
system used k~F the City. T~e city Tr=~murer advised that there %Duld he an
insert in the bills that would provide the necessary informration. Mayor
T~a~mm suggested that ~l~les of the insert be provided to members of the
Finance ~a,.:attee.
-4-
R.V. ANDERSON SEWER STUDY UPDATE
In response to a question raised by Alderman Cumings, the Director of
Municipal Works advised that the subject study was distributed to the members
of Council in advance so that they ~Duld have an opportunity to paruse its
contents prior to the March 15th General Ocrmittee sessice when the report
would be discussed. MayDr Thc~son indicated that the report was a very
im[ortant technical document that the City will be using in future planning.
INTERNATIONAL ~OMEN'S [RY
EIGHTH ~METING
C(l~Ml'rr..'..' OF THE WHOLE
Conmittee Rcxlm #1
March 8, 1982
Council met on MOnday, March 8, 1982 at 7:00 p.m. in Conrdttee of the
Whole. All members of COuncil were present. Alderman Orr presided as Chairman.
MayDr ThceBcn advised that he had received a request from Mr. Bill
Cooper of the vanour Council to have Monday, March 8, 1982 proclaimed as
International Wcmen's Day. It was mDved by Alderman Merrett, seconded by
Aldeh~nn Janvary, that the request be approved subject to established policy.
Carried Unanimously.
TWINNING WITH CITY OF FGJIYOSHI[R, JAPAN
MayDr Thcr~ecn referred to a letter from the Province concerning an
inquiry by the City of FujiyOshida, Japan to possibly twin with Niagara
Falls. ~he MayDr indicated that he has referred oopies of the letter to the
Niagara Falls Business & Industrial Growth Agency Inc. and the Niagara Falls
Canada Visitor and Convention Bureau in view of the important advantages such
a move could provide to the City in terms of industry and tourism. The Mayor
indicated that be ~Duld report beck to Council follow/rig further discussions
on the matter.
MayDr Thcmson referred to the by-law passed by the City of Calgary
concerning prostitution, and advised that the Supreme Oourt had recently
upheld, at least in one are, that the by-law is valid. Although the City
will still proceed in its attempt to have the Criminal Code eunended to
provide the Police with an effective means of controlling this situaIion, the
MayDr felt the City should consider passing a by-law similar to that of
Calgary. It w~s moved by Alderman Cur~tings, seconded by Alderman Kerrio,
that Council be provided with an update cn the Calgary by-law in order to
consider the passage of a similar by-law, and that the City still pursue the
requested amendments to the Criminal Code.
It was moved by Alderman Merrett, seconded by Alderman Kerrio, 'that the
meatin9 adjourn. Carried Unanim sly.
.1
FOllowing consideration of the items presented, the Cu~,~attee of the Whole
arose without reporting.. ........ . ~a
MAYOR WAYNE THe4SON
COuncil Chambers
March 8, 1982
Council met on MOnday, March 8, 1982 at 7:30 p.m. for the purpose of
considering general business. All rembers of Council were present. His
Worship, MayDr Wayne Thcmscn presided as Chairman. AIde Orr offered the
Opening Prayer.
ADOPTION' OF MINUTES
Alderman Orr advised that she should be shown as abstaining on a conflict
of interest on Report No. 111 of the March 1, 1982 Council Minutes.
ORDERED on the nrfcion of Alderman Fera, seconded by Alderman Merrett, that the
minutes of the meetings of February 15 and 22, 1982, be adopted as printed, and
the minutes of the meeting of March 1, 1982 be adopted as corrected. Carried
Unanimously
DEPUTATIONS
DR. J. M~YER - OPERATION DISMANTLE
Dr. J. Mayer of Operation Dienantle, w~s granted permission to address
Council on the motion of Aldermm~ Chessman, seconded by Alderman Baker.
Dr. Mayer urged Council to pass a similar resolution as passed by the Cities of
Ottawa, Montreal and Toronto to conduct a referendtln cn nuclear dis~t.
Dr. Mayer felt such actiem would persuade the Canadian goverrummt to introduce
a similar resolution to the United Natices. While this would not have an
inmediate impact cn nuclMr disarmament, it would let Canadian political leaders
know that the mmicipalities and people of Canada are concemad. Dr. Mayer
provided additicml information in response to questions raised.
In response to a question raised, Mayor Thomson indicated that there would
r~t be a great cost involved in holding a public referendum as part of the
Novenber mmicipal election. The would ke a cost involved in the printing of
a~ather ballot, heNever that %Duld be minimal since the City has to have the
various ballots printed anyway.
Considerable discussion took place on the principle of global disarmament
and the effectiveness of a ~unicipal referendun in conjuncticn with the 1982
mmicipal election. FOilowing the discussion, it was m~ved by Alderman Merrett,
seconded by Alderman Janvary, that Oouncil support the concept of a referendum
on n_,~lear disa~,~ment, and that this question .~e placed cn a ballot in
conjunction with, the. 1982 .mmicipal electi.(me. ' The motion Carried with the
following vote.
AYEa Aldermen Cheesman, Dilts, Fera, Baker, Janvary, Merrett, Orr, Kerrio
and Somerville.
N~YE.___s Aldermen Cu~ntngs, Puttick and 8chisler.
-2-
MR. W. MAKSINUK - DAILY ~,FCTRONIC BINGO
Mr. Maksinuk was not in attendance at the meeting.
UNFINISHED BUSINESS
CAR MILF~q AND ALLOWANCES
Report No. 116 - Acting Administrator - The report recommends adoption of eight
reoa,,~endations approved by both the Finance and Municipal ~brks Committees with
respect to car mileages and allowances.
ORDERED On the motion of Alderman Kerrio, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
FIR~4AIL THEATRE
Report No. 117 - Acting Administrator - The report provides information on
the City' s contract for an addition a~d alterations to the Fireball Theatre and
subsequent financial difficulties involved with the contractor engaged by the
City.
In response to a question raised by Alderman Kerrio, the Director of
Buildings & Inspections indicated that certain emergency lighting had not been
c<~,pleted in accordance with the plans. Lighting had been provided on a
temporary basis so that shows can go on, but not as originally planned.
Alderman Kerrio questioned Why this contract had cely required Performance
and labour/material bonds valued at 50% of the contract price, particularly
since most City contracts require bonding of 100%. The Director of Buildings
and Inspections indicated that 100% bonding/s more expensive and would be
reflected in the contract price. In addition, the architect had indicated that
50% ~onding was standard in projects of this nature. The Acting ~am/nistrator
advised that in future, 100% bc~ding would be required for all contracts.
The City Solicitor provided additional informatic~ with respect to the
bofK]s and claims for non-pala~ent by various sub-contractors and suppliers of
materials.
In response to questices raised by several members of Council, the Director
of Buildings & Inspecti~ls advised that he had not been aware of the financial
problems involved with the contractor, since the sub-trades usually deal
directly with the general contractor and not the City. The general contractor
had requested payment from the City in order to pay the sub-trades, however once
the City had fade payment, the general contractor did not pay the subTtrades.
Foll~ing further ocrmBnt, it w~s moved by Alderman Kerrio, seconded by
Alderman Chensmen, that the report be received and filed. Carried Unanimously.
PROPOSED BY-LAW TO PROHIBIT THE USE OF CITY STRap'r8 FOR THE PURPOSE OF
PR0~TITUTION
Report NO. 118 - ACting Administrator _ The report reec~mends that any
consideration by the Council of a proposed by-law to prohibit the use of City
streets for the purpose of Prostitution be deferred until the City Solicitc~ has
reported to Council on the legality of such a by-law.
Alderm~n Cumnings indicated that he was not pleased with the suggestion in
the report that it would take four to six weeks aimter receipt of the Judgeme~t
by the Alberta Court of Appeal, for the Preparation of ccements by the City' s
Legal Departlent. The Alderman felt that in view of the seriousness Of the
problem, the mattar should ~e dealt with sooner. The City Solicitor stated that
the preparati~l of a by-law respecting Prostituti~l ~ould be very cc~!31icated'
The City %Duld not be able to use the authority referred to in the Calgary
by-lew for passing such a by-law, since it refers to Provincial Statutes of the
Province of Alberta which ~uuld not apply in Ontario. The City would have to be
certa/n there ~as suffielent authority for ~essing such a by-law. The City
Solicitor indicated that be wanted to look very carefully at the reaemm give~
by the Court in Alberta for ~nolding the Calgary by-law, ~nd discuss them with
other ntulioilmlities in the area. It was also pointed out that there was a
co~stitutiopal question involved with respect to the authority raider w~tch such
a by-law could be passed. Additional informmtic~ was provided ce~ the totter in
resp3~se to a n~ber of queatic~s raised.
3
Following further discussion, it was moved by Alderman Fera, seconded by
Alderman Puttick, that the report be received and adopted. Carried
Unanimously.
CON~P3NICATIONS
No. 76 - City of Waterloo - Re: Campaign to Educate the Public to Yield to
Emergency Vehicles. The cu~,ltulication requests endorsement of a resolution
requesting the Province to endertake an intensive campaign to educate the public
to pull to the right and stop when they hear an emergency siren or see an
emergency light as required by law.
ORDERED on the motion of Alderman Fera, seconded by Alderman Kerrio, that the
resolution be endorsed. Carried Unanimously.
No. 77 - Town of Seaforth - Re: Urea Formaldahyde Foam Insulation. The
c~eLunication requests endorsement of a resolution requesting the Federal
GoveLx~ent to ass~ne responsibility for the ill-fated urea formaldahyde program
by fully conl0eneating Canadian hcmeowners and that said compensation not be
included as taxable inccme.
ORDERED on the nDtion of Alderman ~gs, seconded by Alderman Kerrio, that
the resolution be endorsed. Carried Unanimously.
No. 78 - Regional Municipality of Niagara - Re: 1982 Interim Levy By-law. The
cu~munication explains the 1982 interim levy against ni]nicipalities.
ORDERED On the motion of Alderman Cheesman, seconded by Alderman Cunmlings, that
the cu,munication be received and filed. Carried Unanimously.
No. 79 - Regional Municipality of Niagara - Re~ Proposed Policy - Encroachments
on Regional Road Allowances. The oaLu~unication requests the c~,,ents of the
municipality with respect to the proposed policy for encroachments c~ regional
road allowances.
Alderman Chessman requested that staff give particular attention to the
amount of time for which an encroachment will be permitted, when preparing the
City's c~a~,~ents.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the
c~,~unication be referred to staff for the preparation of a report. Carried
Unanimously.
No. 80 - Niagara Falls Review - Re: 1982 Progress Edition. The oo~m~u~ication
requests that the City participate in the 1982 Progress edition on March 29,
1982.
ORDERED on the motion of Alderman Cunm~ings, seconded by Alderman Merrett, that
the c~L.~unication be referred to the Finance C~l.,attee for consideration in
conjunction with the 1982 operating budget. Carried Unanimously.
No. 81 - City of Welland - Re: Foreign Vehicle Import Limits end Canadian Value
Added Content. The o~,,~nication requests e~dorsation of a resolution
requesting the Federal Goverl~,ent to limit the short-term foreign vehicle
imports to afford the North American Industry sufficient time to o~lete the
necessary change-over to ~k%ll car production, and further that the Federal
Gove=,ment be requested to negotiate a new autcmotive products errengement with
the United States and foreign vehicle producers, that will provide for a level
of Canadian Value Added Content of not less than 85%.
ORDERED on the m~tion of Alderman C~mnings, secoaded by Alderman Merrett, that
the resolution be endorsed. The motiota Carried with Aldermen Dilts and Puttick
abstaining on a conflict of interest, Aldei],mn Orr voting contrary, and all
Others 'voting in fayour.
No. 82 - Mr. A. Lococ~ - Re: Parking on Victoria Avenue. The communication
requests that the City assist in providirK3 parking in the area of 4167 Victoria
Avenue.
ORDERED on the nDtion of Alderman Cheasman, sec(mded by Alderman Cunmdngs, that
the c~.,unication be referred to staff for the preparatim of a report. Carried
Unan/mously.
No. 83 - City of FujiyoShida - Re, Twinning. The ~,aunication proposes that
the City enter into a twinning relationship with the City of FuJiyoshida.
ORDERED on the rec~cion of Aldernmn Merrett, seconded by Alde Kerrio, that the
cu,a~unication be referred to the Niagara Falls Business & Industrial Growth
Agency Inc. and the Niagara Falls ~C~nada Visitor and Convention BUreau for their
c~.,~s. Carried Unanimously.
.i
-4-
No. 84 - Niagara Falls Business & Industrial Growth ~ency Inc. - Re: Oremission
on Sale of Lot 11, Falls Industrial Park Extension. The conimulication requests
that Mr. Ernst B. von Moeller be paid a c~,,.{ssion of 5% in his capacity as an
industrial consultant and investment oounsellor for his involvement in the sale
of the subject lot, and further that the City's policy with respect to the
payment of c~,L. Issions for the sale of industrial laws be amended to take into
consideration the importance of eramissions being payable to outside
Mayor Thcrason pointed out that the City is currently paying cc~amissions cn
the sale of its industrial lots, and it my be advisable to consider s~re form
of remuneration in this type of situation. The Mayor felt that such a policy
could be administered by the Agency in cc~juaction with City staff.
Alderman Puttick suggested that the matter should be tabled for more
information. The Alderman pointed out that if Mr. yon Moeller was an industrial
consultant, it w~s his job to assist firms in locating property, and it was
likely that he was already being paid a fee for his work. Alderman Merrett
agreed that further eeasideration shonld be given'to this matter so that the
City would not be flooded with requests of this nature.
Following further cc~ment, it was moved by Alderman Puttick, seconded by
Alderman Merrett, that the ccu~,~u~ication be referred to staff and the Finance
Co~,,~Httee for further discussion. Carried Unan~ly.
No. 85 - Mrs. L. Hendry - Re.. Sidewalk on Beaverdams Road. The c~i~unication
requests that repairs be made ~o the sidewalk on Beaverdams Road between Rysdale
Street and Watson Street.
ORDERED on the nx)tion of Alderman Dilts, seconded by Alderman Cu~!nings, that the
c(mmunicetion be referred to the Municipal Works Ccmnittee for c(msideration
during its budget discussions. Carried Unanimously.
No. 86 - Niagara Falls Contractors Management Association - Re: Sanitary
Landfill Site Tender. The oa,,,unication advises that the Asseeiatio~] feels the
issuance of an addendun making a change in the tendering procedure sheuld not
have been made after tenders ~re called, especially at such
cc~munication further requests that if a letter of credit is a late date. The
to be cc~sidered by
the City in lieu of a performance bo~d, that the Association be allowed to
provide input into the drafting of an appropriate form.
Considerable discussion took place with respect to the issuance of the
addendure and the advisability of accepting letters of credit in lien of a
parfornence bo~d. Staff provided additice%al information in respcelse to
questices raised.
It ~es moved by Alderman Fera, sec(mded by Alderman Dilts, that a letter of
credit in lieu of a performance bo~d not be accepted c~ the c(~ltraot for rental
of equiEmmnt at the Sanitary Landfill Site. The re3tion ~Carried with Alderman
Baker voting contrary, era all others voting in fayour.
No. 119 - A~ting Administrator _ Re.. M.T.C. Surplus proi~rty' The report
reeu,,~ads that the City indicate to the Ministry of Transportatic~ &
Oa~,unicati(wns that it is not interested in acquiring a surplus part of a lot
located at the south-east comer of Oollege and Cookman Crescents.
ORDERED m the motic~ of Alderman Cum~nge, seconded by Alderman JanVary, that
the report be received and adopted. Carried UnanimoUsly.
No. 120 - A~ting Administrator _ Be.. St. John of Riia Bulgarian Eastern Orthodox
Church Offer to Purchase a closed Part of First Avenue and Part of Lot 196, Plan
306 on the North Side of Wilhnott Street. The report reccmmmnds passage of a
by-law to authorize the sale of ]and to St. John of Rile Bulgarian Eastern
Orthodox Church for the s~m of $4,000.
ORD~) (m the motion of Alderman Merrett, seconded by Alderman Kerrio, that the
reixlrt be re(~lved and adopted.. Carried UnaniKously.
See By-law No.' 82-40
No. 121 - Mu~ici 1 Works Committee . Re.. Sanitary Landfill Ocmi~utor'
re~ort ~ 1) That the C/ty of Niagara Falls not t~]r~hase a new The
lar~fi11 co~%oactor until the exact ~osition of the ion sanitary
known; 2) The Director of Mu~icipal Works aub'ec~ Rag on this matter de
Munici~el Works C~,.,,:ttae be authorized ~ ~ to ~Tior ~o~roval of the
' erreke major repairs to ~he
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City's sanitary landfill ooni~ctor as needed; 3) That funds allocated in the
1981 and previous budgets for the purchase of a new sanitary landfill compactor
be placed in an interest earning reserve account for the purpose of purchasing
equiim~nt for other Municipal Works Dept. functions; 4) That the purchase of
equilment for other Municipal Works Department functions be subject to approval
of the Municipal Works Committee and Council; and 5) That the ~Drd "equilm~_nt"
referred to in recoi~endations #3 and #4 be interpreted to mean garbage trucks
and associated equiE~ent.
Alderman Dilts indicated that he had, on a number of cccasions, requested
information on the purchase of equipnent as opposed to the City paying rental
fees, and this information had not been received prior to the oontract for
rental of equiim~alt at the landfill site had been called. The Alderman stated
that the information contained in the report had not answered the questions he
had raised previously.
ORDERED On the motion of Alderman Dilts, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 122 - Municipal Works Cc~mittee - Re: Railway Transport Conm~ttee - Rail
Safety. The reEx)rt rec~L,lends that Council endorse the resolution adopted by
the City of Nepean with respect to the Se[tember 30, 1981 decision made by the
Railway Transport Oa~.L,~ttee in regard to rail safety.
Alderman Kerrio suggested that copies of the resolution be sent to the
local Federal and Provincial representatives asking then to urge the respective
gove~'sa,ents to e~sure the Country' s rails ere safe.
ORDERED on the mDtion of Alderman Kerrio, seconded by Alderman Dilts, that the
report be received and adoFLed, and the Federal and Provincial representatives
be notified accordingly. Carried Unanimously.
No. 123 - Acting Administrator - Re: Neigh~ourhcod Watch Program. The report
reco,~,ends that stafE be authorized to proceed with the erection of
"Neighbourhood Watch Program" signs on City roadways in the one area of the City
now covered by the program, and in other areas which may subsequently be
included o
ORDERED on the motion of Alderman Cumnings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
No. 124 - Acting Administrator - Re: Reduced Loading During Spring. The report
reoa~,lenda passage of a by-law providing for reduced axle loading during the
Spring to reduce damage due to the thawing of frost c~ highways.
The Direr of Municipal Works provided additional infozmaticn in response
to a number of questions raised.
ORDERED on the motion of Alderman Scmerville, seconded by Alderman Schisler,
that the report be received and adopted. Carried Unanimously.
No. 125 - Acting Administrator - Re.. Municipal Accounts. The report recc~nends
pa3~_nt of the mmicipal accounts.
Additional informatio~ was provided c~ Cheques #8297, #8299, #8328 and
#8498 in response to questions raised by Alden Cunmlings, Dilts and Kerrio.
It was moved by Alderman Merrett, seconded by Alderman Ckmmlings, that
Cheque #8535 be tabled for additional infom~etion. Carried Unanimously.
It was then moved by Alderman Kerrio, seconded by Alderman Schisler, that
the report be received and adopted. T~e motien-Carried with Alderme~ Baker and
Cunmings abstaining an Cheque #8453, and all oth~ng in favour.
No. 196 - Acting Administrator - Re: Former Peninsula Ir(m Works Building, 5654
Glenholme Avenue. The report provides informatio~ in reepc~ee to inquiries
regarding the possible creation of an industrial use c~ the subject property.
Alderaen Janvary felt that the report did not o~itain nuch informatiun. The
Director of Buildings & Inspections indicated that further information was not
available at the ~ent. Correspondence ~as sent to bYch the owner of the
property and his solicitor requesting that they provide information as to the
pr~ use of the building, which is now ~,~LI. The Director of Buildings &
Inspections advised that be has not received a reply as yet to this inquiry..
In response to a question raised bf Alde~n Puttick, the Director of
Buildings & Inspectio~s advised that the z0~ under By-law 79-200 was
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residential, and the previous iro~ works operatic~ was considered a legal
hoe-conforming use. Once a legal non-conforming use ceases to operate, the
property would revert to the zoning outlined in the by-law. If the owner
proposed to use the property for another purpose not permitted under the
existing zoning and different fr~a. the legal non-conforming use, a rezoning
In response to a further question raised, the City Solicitor stated that a
legal non-conforming use is only protected as long as it is used f~r that
purpose. Cases are not all that clear c~ the sco~e that is allowed as far as
similar uses would be concerned, or on the actual peaTied Of time after which the
legal no~-coaform/ng use would cease to exist.
Alden,~n Puttick expressed his concern over the conditic~ of the building,
since it w~s his understanding it had been damaged by fire· The Alderman
suggested that the City consider taking steps to have the building torn down.
The City Solicitor stated that the fact the building might not be safe or
contrary to the provisions of the City' s property standards by-law would permit
the City to take action, hewever the fact the building is vacant end the legal
non-c~nforming use has not continued would not give the City the right to have
the building tom down.
Since it had been suggested that the owner of the property ~as considering
using the building for a machine shop, Alderman Kerrio questioned whether the
previous legal operati(Ml had ~ strictly for the manufacture of railings. The
Director of Buildings & Inspections indicated that the previous owner would have
to be contacted in order to determine the exact uses that had been cerried cn h
the building, as there was sc~e doubt that only railings had bern manufactured
on the premises.
Following further discussion, it w~s roved by Alderman Cheesman, seconded
by Alden~n Dilts, that the report be received and filed. Carried Unan/mously.
No. 127 - Acting Administrator - Re: Petersc~'s Ca:~unity Workshop. The report
rec~,~ends that Council approve the spending of ~3 to $2,000 to commence work on
the list of repairs suhnitted by the Peterso~'s Cc~munity Workshop. '
The Director of Buildings & Inspections provided additional information in
response to a n~nber of questions raised.
ORDERED On the motic~ of Alderman Dilts, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 128 - Actin Administrator - Re: Building and Ins ions De
for February 19~2 The report ides curt pect partment Report
· relative to permit
dur ' proposa s and other note~Drthy data that has i
pe 'ed covered by the report. emerg
ORDERED On the nDtion Of Alderman Dilte, seconded by Alderman C~mmlings, that the
report be received and filed. Carried Unan/mously.
No. 129 - Acting Administrator _ Re.. Chippawa Lions Club Carnival - Niagara
South Recreation Centre. The report provides informatic~ cn rates provided to
· the Chippaw~ Licrm Club for use of the Niagara South RecreatiOn Centre in
conjunctiOn with the Club's annual carnival.
Additional informatio~ was provided by Mayor Thcr~el and the Director of
Buildings & Inpsections in respelse to questions raised.
ORDERED on the nrfciOn of Alderman Dilts, seconded by Alderman Kerrio, that the
re~ort be received and filed. Carried Unanimously.
No. 130 - Acting Administrator _ Re.. Ontario Municipal Fire Prevention Officers
ASsociation. The report re3mmmPas that the Director of Fire Preventira be ·
authorized to attend the annual conference of the Ontario Munieipal Fire
· Prevention Officers ASsociatic~ to be held in Bra~x~ fr~a. April 5 to 8, 1982.
ORDERED on the moti(m of Alderman Chessman, seconded by Alderman Dilts, that the
re~ort be received ar~ adoX3ted. Carried Unanimously.
No. 131 - Acting Administrator _ Re.. Ontario Municipal Perscrmel ASsociation.
T~e report reoa~..e~ds that the Persormel Officer be authorized to attend the
Spring Worksho~ of the Ontario Municipal Perscrmel Association to he held in
Torelto f~ March 31st to April 3rd, 1982.
~ on the nDtion of Aldemmn Cheem~an, seconded by Alderman Curehinge, that
the report be received and adopted. ~ied Ummimously.
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No. 132 - Acting Administrator - Re: Fire Department Uniform Tender. The report
recommends acceptance of tenders sutm~itted by Firth Clothes, Sainthill Levine
Uniforms, Audibert's Men's Fashions and John F. Marshall for the supply of Fire
Deparh~ent uniforms.
Additional information wss provided in response to questions raised by
Aldermen Janvary and Orr.
ORDERED on the raption of Alderm~n Cummings, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 133 - City Solicitor - Re: Niagara Falls Firefighters Recreational
Association. The cuL.~uniction advises that the use of the name "Niagara Falls
Firefighters Recreational Association" is cot unlawful.
ORDERED on the nrfcion of Alderman Puttick, seconded by Alderman Dilts, that the
report be received and filed. Carried Unanimously.
No. 9 - MERR~i'r - CtMvalNGS - RESOLVED that a message of condolence be sent to
the family of the late Mr. Clifford Gregory, a former member of the City Council
and respected member of the oaL,Aunity; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 82-40 - A By-law to authorize the sale of land to the trustees of St. John
of Rila Bulgarian Eastern Orthodox Church.
No. 82-41 - A By-law to restrict the weight of loads to be carried by motor
vehicles.
No. 82-42 - A By-law to amend By-law 5]o. 3790, being a by-law for the regulation
of traffic. (Peer Street)
No. 82-43 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Peer Street and Armoury Street)
No. 82-44 - A By-law to amend By-law No. 3790, being a by-law for the regulation
Of traffic. (Kalar Road)
No. 82-45 - A By-law to. provide mDaies for general purposes.
Carried with Aldermen
~ Baker and Cumnings
abstaining on By-law
82-45, and all others
voting in favour.
ORDERED on the motion of Alderman Fara, seconded by Alderman Dilts, that the
following by-laws be now read a second and third time..
No. 82-40 - A By-law to authorize the sale of land to the trustees of St. John
of Rila Bulgarian Eastern Orthodox Church.
No. 82-41 - A By-law to restrict the weight of lOnda to he carried by motor
vehicles.
No. 82-42 - A By-law to amend By-law No. 3790, being a by-law for the regulatiOn
of traffic. (Peer Street)
No. 82-43
- A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Peer Street and Armcury Street)
- A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffie. (Kalar Road)
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No. 82-45 - A By-law to provide monies for general purposes.
Carried with Aldermen
Baker and Cunmings
abstaining cn By-law
82-45, and all others
voting in favour.
NT~ BUSLNESS
WATER HEATER AT CITY HALL
Alderman Puttick requested a report regarding the installation of a hot
water heater at the City Hall. The Alderman indicated that he would like the
report to contain information respecting the purchase price, labour costs, the
nunber of persons involved in the actual/nstallation, and the size of the
heater.
PROPERTY STANDARDS
Alderman Cummings asked the states of the City's efforts to have property
on Queen Street cleaned up andeaT the Property Standards By-law. The Director of
Buildings & Inspections indicated that the matter was presently being handled in
the courts, and suggested that an update cn these various propea~ties could be
prepared for Council. It ~as moved by Alderman Cunmdngs, seconded by Alderman
Cheamean, that staff prepare an update cn the status of various properties being
processed under the Property Standards By-law. Carried Unanimously.
BOYS ~ND GIRLB CLUB ANNUAL MEh'i'ING
Alderman Cun~ings provided information cn the recent annual nmeting of the
Boys and Girls Club, and the Club's efforts to raise funds for roof repairs and
the Club' s continued ~ork in the oa,uunity.
VOLUNTEER RECOGNITIC~g NIGHT
Alderman Cunm%ings urged all members of Council to attend the Volunteer
Recognition Night at the Optimist Club, at which various individuals,
organizations and service clubs will be recognized for their ~Drk in the
c~,zunity.
REGIONAL COUNCIL - PRIMESITE PROPOSAL PRESenTATION
In response to a question raised by Alderman Kerrio, His Worship, Mayor
Thcescn provided clarification
the Primesite group on the City's downtown redevelo[ment proposal. The Mayor
indicated that the presentation was favourably received by the Region, and was
referred to various cu~.,ittees in order to ensure there was r~ cost involved for
the Region in approving the proposal in principle.
Alderman Kerrio asked how the City will be able to determine the h~act of
the downtown redeveloEment proposal on other c~a~ercial develolmBnte in the
City. myor Thomson indicated that the marketing study update ~Duld provide the
City with this information.
TRAFFIC SIe{~LS - MAIN &
It ~as re3ve] by Alderman Cheeeren, seconded by Alderman Fera, that the
Region be requested to consider the installation of advanced/delayed green
signals at the intersection of Main Street and Ferry Street in order to
facilitate left hm%d turns. 'Carried Unanimously.
TRAFFIC AT SIGNALIZED INTERSECTIONS
It was moved by Alderman Cheesean, seconded by Alderman Fera, that the City
e~oress its celcern to the Niagara Regional Police over the traffic hazard
caused by cars running red lights at major intersections in the City. Carried
Unanimously.
Alderm~n Cu~nings referred to the matter that were to have been considered
as a deputaticel regard~l~ the holding of daily eleetr~ic bingo lotteries, and
-9
asked where this matter stood. The Deputy City Clerk indicated that the
individual involved had nct as yet located a building in which to hold these
bingo lotteries, however he felt he would he able to locate a suitable building
and had asked to be placed on the Council agenda. It was further advised that
the matter was to be considered at the next meeting of the Gambling/Gaming
Monitoring CxaLsLattee.
, ** ·
It was moved by Alderman Puttick, seconded by Alderman Fera, that the
meeting adjourn. Carried Unanimously.
MAYOR ~ THOMSON
Council Chambers
March 15, 1982
SPECIAL M~rrlNG
Council met on Monday, March 15, 1982 following a General Co~nittee
session. All members of Council were present. His Worship, Mayor Themson
presided as Chairman.
Mf~3RIAL SCHOOL
Report No. 134 - Acting Administrator - Re: Mem3rial School. The report
rec~nds passage of a by-law to authorize the sale of the building and part of
the lands formally known as Memorial School for $30,000, and subject to certain
conditions.
Report No. 135 - Acting Administrator - Re.' AM-15/81, Former Memorial School,
NOrth Side of Spring Street, East of Temperance Avenue. The report recc~meads
approval of the applicatio~ to rezone the property from Residential (R.2) to
Institutional.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the
reports be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cunrdngs, seconded by Alderman Cheesman, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
NO. 82-48 - A By-law to authorize the sale of part of the former Memorial School
site lands.
No. 82-49 - A By-law to amend By-law No. 79200, as amended. (AM-15/81)
No. 82-50 - A By-law to designate an area of land in the City of Niagara Falls
as a site plan control area. (Memorial School)
Carried UnanimDusl~;
ORDERED on the motion of Alderman Fera, seconded by Alderman Cunmings, that the
following by-laws be now read a second and third time:
No. 82-48 - A By-law to authorize the sale of part of the former Memorial School
site lands.
No. 82-49 - A By-law to.amend By-law No. 79200, as amended. (kM-15/81)
No. 82-50 -.A By-law to designat~ an area of, land in the City of Niagara Falls
-, ,~ --.. as a site-pla~,controL.area., (Mea,.-,rial School)
Carried Unanimously
It was moved by Alderman Cumnings, seconded by Alderman Fera, that the
meeting adjourn to the General Cu~,,.:ttea ession. Carried Unanimously.
· Council Chambers
March 15, 1982
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RATIFICATION OF G~gERAL C0~ll'rr~.'..' DECISIONS
STABILITY OF ~OC{ ~TRUCTURE IN RIVER RDAD AREA
It was moved by Alderman Cheesman, seconded by Alderman Dilts, that Council
ratify the action of the General Ccmnittee in tabling the request of Mr. J.
Hennessey to cbtain a copy of the Golder Associates report for cne week pending
further information, and that a decision on the matter be made at that time.
The motion Carried with the following vote:
AYE: Aldermen C~eesman, Cu~nings, Baker, Janvary, Merrett, Kerrio and Mayor
NAYE: Aldermen Dilts, Fera, Orr, PUttick, Schisler and Sce~rville.
Report No. 136 - Acting Administrator - Re.. R.V. Anderson Storm Drainage Report,
The report recc~mends that Council approve in principle the R.V. Anderson Storm
Drainage Report (Decenber, 1981) prepared by R.V. Anderscn end Associates
Limited and that the following Purchase Fee Schedule for the report be a~_opted:
- Vol~ I Report including environmental plans - $15.00
- Vole II Report including environmental plans - $15.00
- Set of Engineering Plans - $10.00
- Photc~usaic General Plan - $30.00
ORDERED on the motion of Alderman Chees~an, seconded by Alderman Dilts, that the
re[oft be received end adopted. Carried Unanin~Dusly.
Report No. 137 - Acting Administrator - Re: First Report of the Planning and
Develc~atent C~a~,.~ttee on the Review and Recommendations Regarding Eight
Pedestrian Walkways end Emergency Accesses. The report reoa,,~ends: 1) That
Walkway #80 frcm Bell Crescent to Willoughby Drive remain open; 2) That Walkway
#81(1) from Harleyford Crescent southeasterly to Corry Crescent remain open;
3) That Walkway #81(2) friLL Rapalje southeasterly to Ares Court remain Open; 4)
That Walkway #32(1) Epworth Circle northerly to Ryerson Crescent at Rice be
closed; 5) That Walkway #32(2) Epworth Circle easterly to Ryerscn Crescent at
McGlashen remain open; 6) That Walkway #14 frc~ Edenwood Court northerly to
Green Boughs Road remain open; 7) That Walkway ~46(2) frc~n Reinbow Cr_escent
southerly to Jubilee Drive be closed; and 8) That Walkway #60(3) frc~ Paddock
Trail easterly to a future subdivision are be closed.
ORDERED on the motion of Alderm~n Chee~ren, seconded by Alderman Dilts, that the
reeu,~,endaticns #3, #7 and #8 be referred to staff for further reports
respecting their closing, and the balance be the subject of a future special
Council meeting. The ~,~ion Carried with Alderman Janvary voting contrary with
respect to Walkway #32(1), an~ all others voting in favour.
Report No. 138 - Finance C~a~.~.{ttea - Re.. Niagara Falls Review - 1982~ Progress
Edition. The report recul.~ends the approval of City Council for a one-half page
advertisement in the 1982 Progress Edition of the Niagara Falls Review to a
maxLmun cost of $318.30.
ORDerED on the a~u~ion of Alderman Chsesman, seconded by Alderman Dilts, that the
report be received and adopted. The motion Carried with Alderman Janvary voting
cceltrary, and all others voting in fayour. "
Report No. 139 - Finance Cc~mittee - Re.. Niagara Festivals - Quebec Seninar.
The re~ort reocnmBnds that a oa,.~uniction be forwarded to W.J. Stevens(ln,
President of Niagara Festivals with the suggestion that Oktoberfest Niagara or
Niagara Promotion Association be approached to supply financial assistance for
representation at the Quebec City Seninar of Festivals scheduled for April 23 to
25, 1982.
ORDERED on the nDtion of Alderman Cheesman, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
Report No. 140 - Acting Administrator - Re.. kM-6/82, B. Visca, 4727 Ryerscn'
Grescent. .The report =eques~s that Council provide direction as to whether this
application should be handled as a normal fezthing application or if legal
action should be taken through the appropriate departments.
ORDERED on the motion Of AIdere.am Cheesman, seconded by Alderman Dilts, that the
matter be referred to the Director Of Buildings a Inspections for a full re~ort
before any further decision is made. Carried UnanimDusly.
ReEDrt No. %41 - Munici 1 Works Ce~nittee - Pa~ Transportation Safety
Association Awards - 1~1. The report re~<a~ends~ 1) That drivers who have
~,pleted ei~t or more years of accident free driving be authorized to attend
the Trans[ortation Safety Association Banquet cn Saturday, April 3, 1982 at a
cost of $11.00 per ticket~ and 2) That awards be presented to the eligible
drivers at the Municipal Service Cantre by Mayor Thc~eon.
ORDerED on the ~ion of Aldezman Cheem~an, seconded by Alderman Dilta, that the
re~ort ~e received and ad~. Carried Ur~ly.
3
Report No. 142 - Municipal Works Ca~,l~ttee - Re: Conversion to Propane Powered
Vehicles. The report reccrmends that two half-ton trucks be converted from
operating on gasoline to propane.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
Report No. 143 - Acting Administrator - Re: CORE Building Renovations Steering
C~ttee. The report reds that a CORE Building Renovation Steering
Ccrmittee be established consisting of: Mayor Themson, T~o Aldermen, Tnree CORE
Building Representatives and Staff as required.
ORDERED On the motion Of Alderman Chen~nan, seconded by Alderman Dilts, that the
report be received and adopted. Carried Uneusly.
Report No. 144 - Acting Administrator - Re: Request for Release Lot 41, Plan
M-29, 2719 Olden Avenue. The report reccrmends passage of a by-law authorizing
a release of Lot 41, Plan M-29 from the provisions of a subdivision agreement
between the City and Taro Properties Incorporated dated November 20th, 1974 and
registered as Inset No. 232482, as amended by an agreement dated August
29th, 1975 and registered as Iastrtrent No. LT-2013.
ORDERED on the mDtion of Alderman Cheesman, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
Report No. 145 - Local Architectural Conservation Advisor~ Crrmittee - Re:
Experience '82 Program. The report reea~enda that Council authorize the
cul.zattee to participate in the "Experience '82 Program" sponsored by the
Ministry of CUlture and Recreation.
ORDERED on the motion of Alderman Cheesnan, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
Report No. 146 - Technical Cun,~dttee - Parking, Traffic & Tourism Study - Re:
fheque N~nber 8535. The report provides information with respect to Cheque 8535
in payment to Robert Eby & Associates for preparing reports on the parking end
traffic improvements in the tourist area.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the
report be received and filed, and the account paid. The motion Carried with
Aldermen Janvary and Orr voting contrary, and all others voting ~.
Cal,~unication No. 87 - Downtown Board of Management - Re.' ApEx)intmente to the
Board. The cu~unication requests the appointment of John Ross, Steve Daniels,
Wendy Ivanoff, Beryl Palmer and Dave Taylor to the Downtf~n Board of Management.
ORDERED On the motion Of Alderman Cheemnan, seconded by Alderman Dilts, that the
appointments be conf~. Carried Unanimously.
Com~/nication No. 88 - Niagara District Highland Dancars' ASsociation -
Request for Financial Assistance. The cu,.,~nication requests financial
assistance to defray costs in holding an annual c~a~petition.
ORDERED on the motion Of Alderman {hee~,nn, seconded by Alderman Dilts, that the
c~,.,unication be referred to the Finance Conmlittee for consideration. Carried
UnanimouSly.
C~,,unication No. 89 - Greek Canadian C~m_ity Association of Niagara - Re:
National Day of Independence Day of Greece. The cu~,~unication requests that the
City proclaim March 25, 1982 as National Day of Independence of Greece, and that
the Greek Flag be flown at City Hall on that day.
ORDERED on the nDtion of Alderman Cheesman, seconded by Alderman Dilts, that the
requests be granted subject to established policy. Carried Unanimously.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time,
No. 82-46 -A By-law to authorize a release. (Lot 41, M-29)
.No. 82-47 - A By-law to amend By-law No. 80-261, as amended, being a by-law for
appointments to certain Boards, GaindesiGns and C~attees.
Carried Unanin~uslX
ORDERED on the motion of Alde~a,.n Ctm~ings, seconded by Alderman [era, that the
following by-lawB be r~w read a see~nd and third time,
.No. 82-46 - A By-law to authorize a release. (Lot 41, M-29)
4
No. 82-47 - A By-law to amend By-law No. 80-261, as a~nded, being a by-law to
provide for appointments to;certain Boards, Conmissions end
C~.lHttees.
Carried Unesly
N~ BUSINESS
SALE OF UNOPENED ROAD ALLOaANCES
Alderman Merrett referred to instances where the City has sold ~nlopened
road allowances to private individuals, and suggested that a list be prepared of
all unopened road allowances in the City that are surplus to the City's needs.
This list could then be reviewed and the City could consider selling the lands
as a nBans of generating revenue. The Acting Administrator indicated that this
would involve a great deal of work, particularly in the rural areas of the City.
It was suggested that the report could first deal ~rith the City's urban area,
and a subsequent report could be prepared m the rural ereas. The Director of
Municipal Works indicated that there are different circumstances under which
these road allowances are sold, and in sc~e cases, it may be necessary for the
City to convey the lends at no cost if they are considered surplus.
Alderman Schisler also expressed concern over selling unopened road
alle~ances in the rural areas, since these lands may be required when further
develo~rent in these areas takes place.
Follc~ring further c~l.lent, it was roved by Alderman Merrett, seconded by
Alderman Chse~,~n, that the matter be referred to staff for the preparatim of a
report. Carried Unaninr~sly. · ...... ..
C.W. PALMER PARK
In response to a question raised by Alderman Ckmm~mgs, the Acting
Administrator advised that the opinion of value on C.W. Palmer Perk had been
ordered and would likely be carried cut during the ;;~k. Aldernkln Cu~gs
indicated that the ~MCA has held a nunbet of fund raising events to assist in
its financial difficulties, end expressed his hope that the City would nDve
quickly on this matter. Mayor T~ provided additional informaticu on the
matter.
Alderman Jenvary advised that Mayor Thomson had participated in the recent
YMCA Swhe-A-T~on, and suggested that members of Council and staff should offer
tO sponsor the Mayor end support the ~MCA'S fund raising efforts. ~
Aldek'~,~n Janvary advised that there would be a meeting of the Civic Month
Ccmnittee at the Coronation Recreation Centre on Tuesday evening, March 16,
1982.
BOTS AND GIRLS CI/JB SWIM-A-THON
Alderman Janvary asked menbets of Council end staff to participate in the
Boys and Girls Club SwLm-A-Tnc~ fund raisim3 event
P~ESENPATION OF PLA~/E BY 'ORDER OF THE ~PITAL OF ST. JOe~ OF JERUSAEaM
meeting adjourn. Carried
Mayor Thor. on advised that the City had been presented with a plaque by the
Ontario Council of the Order of the Hospital of St. John of Jerusalem for its.
valuable assistance rendered in the furtherance of the work of the Order in'
ccnnecti~ wi. th the Ontario C~ncil.
se(xmded by Aldenran Dilts, that the
TENTH M~TING
CC(~4I~TEE OF THE WHOLE
Con~ittee Room #1
March 22, 1982
Council met on Monday, March 22, 1982 at 6:30 p.m. in Cc~ttee of the
Whole. All menlbers of Council were present. Alderman Puttick presided as
Foll~ing consideration of the items presented, the Cc~r~ittee of the Whole
arose without reporting.
Council Chambers
March 22, 1982
Council met on Moaday, March 22, 1982 at 7:30 p.m., for the purpose of
considering general business. All members of Council were present. His
Worship, Mayor Thomscu presided as Chairman. AldernBn Puttick offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motic~ of Alderman Fera, seconded by Alderman C~,~,angs, that
the minutes of the meetings held o~ March 8th and 15th, 1982, be adopted as
printed. Carried Unanimously.
UNFINISHED ~3SINESS
ONTARIO MINICIPAL BOARD HEARING RE: RIVER INN AND t~.r.FASE OF t~PORT OF (]OLDER
ASSOCIATES
Report No. 147 - City Solicitor - The report provides cce~eents of the City
Solicitor with respect to the release of the subject report to Mr. J. Hennessey,
and indicates that since Mr. Hennessey's present request is the same as his
request of Jene, 1981, and since there has been no material change in the
circumstances between June, 1981 and nc~, the present City Solicitor takes the
same position with respect to the present request as the former City Solicitor
took in his report of June .15th, 1981 that the Golder Report not be released to
Mayor Th~,e~cu pointed cut that it is the position of lawyers end solicitors
when they go into a court of law, to win the case on behalf of their client, in
this case, to be successful at an Ontario Municipal Board hearing on behalf of
the Council. To s~pply information to those oM~Dsed to the City that would
affect the case in any w~y other than in being successful, would be contrary to
the Solicitor's advice. The Mayor felt in this matter, the circumstances were
scmewhat differant. Both Mr. Hennessey end Mr. Smith had spent a great deal of
time trying to convince both Council and the Board that they have concerns about
the ins,~hility of the rock structure along River Road, end Mayor Thcmsc~ felt
Council was not discounting the points being made by Mr. Hennessey end Mr. Smith
end was s~mpathetic with the co~cerus raised. The Mayor felt that Council would
be in an unfavourable position if the City prevented pertinent information frc~
being disclosed, particularly if probl~,. were e~0erienced with the unstable
rock structure in the area. This could result in the City being accused of
holding back ~ a report which had sc~e ~earing cu the sit~ation and something
happened as a result. Mayor Thc~6c~ pointed out that the Director Of Municipal
Works did not feel the report was relevant with respect to the subject of the
Board hearing, since it dealt with drilling a trench and whether blasting in the
area w~Rx~d be appropriate _~or the installatio~ of a watermain. The Mayor felt
Council had a res~elsibility to have the report etared into evidence regardless
of how effeutive it w~s in the Board's decision nmktng.
-2-
Alderman Dilts indicated that he could not go against the advice of the
City Solicitor, and felt that the report should not be released before the
hearing.
Alden Puttick referred to the previous report of the former City
Solicitor dated June 15, 1981 in which the recc~mendatiou was that Council
decide whether a copy be provided to Mr. Hennessey, on payment of the usual
charge. The decision of Council at that time, was that the report not be
released, since it might bare an adverse effect on the City's position at the
Ontario Municipal Board hearing. The Alderman further pointed out that
according to the former City Solicitor, the report did not deal with the
Michael' s Inn property, but the installation of a watermain, and the City
Solicitor had bean concerned with the possibility of the objector not calling
the author of the report to give evidence. Alderman Puttick felt that Council
could release the relx)rt on the understanding that there be an agreement with
Mr. Heanessey, that if he does use it at the hearing, ha will have the author of
the report there to give evidence. In this way, Alderman Puttick felt that the
concerns of the City Solicitor were covered.
Alderman Baker stated that if the report ~ applicable to the area, he
would appreciate Mr. Hennessey pointing this out and bringing it up as evidence
at the hearing. If the information contained in the report is not applicable,
the Alderman felt the City has nothing to Worry about and the Council had
satisfied itself and the curiosity of the citizens of Niagara Falls. '
Mr. Hennassey indicated that he was willing to sign such an agreement and
request that Golder Associates be brought to the hearing if the report is going
to be used. Mr. Hennessey hoped that he would not be viewed as an adversary
since ha was not opposed to develol=nent on River Road, c~ly concerned with the
safety aspects of the matter.
The Director of Municipal Works indicated that the ocrment he had made with
respect to the report commissioned by the City not having a bearing cn the
proposal, was not a professicnal opinion, since he was not an expert in this
field. It was further advised by the Director of Municipal Works that he was
giving an inl0ression of what the intent of the report was, and that it dia not
investigate anything to the west of River Road. The Director of Municipal Works
felt that the question of relevance of the study to the proposal should be
co~,~ented on by the author of the report.
Follo~in9 further discussion, it was moved by Alderman Dilts, seconded by
Aldeml~n Fera, that the Golder Associates Report not be released. The motion
was Defeated with the following vote:
AYE: Aldermen Dilts, Fera, Schisler and Sc[nerville.
.'_NAYE: Aldermen C~eesman, ~gs, Baker, Janvary, Merrett,.Orr, puttiCk~and
Kerrio. ' . .
It was then ,~Dved by Alderman ~9s, seconded by Alderman Kerrio, that
the Golder Associates Report be released to Mr. Henneasey. The motion Carried
with the following vote: .
AYE: Alden Cheasman, Curmings, Baker, Janvary, Merrett, Orr, Puttick and
Kerrio.
..NAYE= Aldermen Dilts, Pera, Schisler and Scmerville.
P~0FaRTY STANDARDS
Report No. 148 - Acting Administrator - The report provides information on
various properties being processed under the Property Standards By-law.
The Renewal Coordinator provided additional information on a nt[nber of
properties in response to questions raised by Alderman Cheasman.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the
report be received and filed. Carried Unanimously.
No. 90 - Boys' and Girls' Club of Niagara - Re.. Swim-A-Thon. The communication
requests the partieipaticn of Council with respect to the Club's Swim-A-Then to
be held on April 2nd and 3rd, 1982.
ORDERED on the ~,~Llon of Alderman C~mnings, seconded by Alderman Janvary, that
the Cfa,~,unication b~. received and filed. Carried Unan/m0usly.
No. 91 - Chi~3wa Lions Club - Re.. Special Oecasiel Permit. ' The ~,~unicaticn
3
requests permission to operate a beer concession at the Niagara South Arena in
conjunction with the Club' s annual carnival, on June 9th, 10th, llth and 12th,
1982.
ORDERED on the raption Of Alderman Dilts, seconded by Alderman Baker, that the
request be approved subject to established policy. Carried Unanimously.
See Resolution #10
No. 92 - Canada Jaycees - Re: Advertisement in Canadian Jaycee Publication. The
cc~runication requests that the City sponsor an advertisement in the Canadian
Jaycee magazine.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the
cc[mlunieation he referred to the Finance Cc~rtittee for consideration. Carried
Unanimously.
No. 93 - Royal Canadian Legion, Branch 51 - Re: Forty-Fifth Annual Pilgrimage.
The cu~unication requests permission to conduct the annual Pilgrimage to the
Cenotaph, Queen Victoria Park on Saturday, May 15, 1982 at 2:00 p.m.
ORDERED on the motion of Alderman Cunmd~gs, seconded by Alderman Fera, that the
request be granted subject to the approval of all others authorities involved.
Carried Unanin~usly.
No. 94 - Niagara Promotion Association - Re: Blossc~ Festival '82. The
cu,~&unication requests approval Of the 1982 Blossom Festival and the assistance
of the Director of Recreation for the City in the co-ordination of City,
Regional and other governmental roads, equil~nent, etc.
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the
requests be granted. Carried Unanimously.
No. 95 - Regional Municipality of Hamilton-Wentworth - Re: Ontario Industrial
DeveloExnent Council Quarterly Meeting. The cca,,,~lD_ication extends an invitation
to the heads of nunicipalities and the nembers Of their Councils across the
Province to participate in the Ontario Industrial Develol~nent Council quarterly
meeting on April 1, 1982.
Alderman Puttick indicated that he would be interested in attending the
meeting. Mayor ThorSon suggested that if the Alderman was unable to attend, a
member of staff might wish to attend in his place.
ORDERED on the motion Of Alderman Cunmlings, seconded by Alderman Cheesman, that
Alderman Puttick be authorized to attend the meeting, and that a member of staff
be authorized to attend if Aldemmln Puttick is unable to attend. Carried
Unan/mously.
No. 96 - St. Davids and District Lions Club - Re.' Reinbow II 1984 Convention.
The co~L'unication requests that Council arrange for a ccrm~ttee to meet and
discuss with representatives of the Lions Rainbow II Convention Conxmittee the
rental of City facilities and all matters pertaining to the Convention to be
held June 1st, 2nd and 3rd, 1984.
ORDERED On the ]Notion Of AldefA,~/l Cunmlings, seconded by Alderman Fera, that
Alden,~n {beesman, Janvary{- Merrett and Puttick, along with the appropriate
staff, be appointed. to meet with the Lions Club to facilitate in the planning of
the Convention, and further that the Niagara Falls Canada Visitor and Convention
Bureau and the Recreation C~r[nission be asked to serve on the ooranittea.
Carried Unanimously.
No. 97 - Local Council of Women - Re.. Proposed Arcade on Dunn Street. The
ommunication expresses opposition to a proposed arcade on Dunn Street which was
recently considered by the Planning & Develol~nent Comnittee.
ORDERED on the motion Of Alderman Janvary, seconded by Alderman Baker, that the
ccnmunication he referred to the Planning Department to be considered when the
Hornyak rezcning application is sul~nitted to Council. Carried Unanin~0usly.
No. 98 - Mr. A.A. MacBain, M.P. - Re= Niagara Wc~en in Crisis. The
cc~municaticn advises of a $122,364 Federal Grant issued to the Niagara Wonen in
Crisis to employ five full-time staff ~,~ers.
ORDERED on the motion of Alderman Cunmings, seconded by Alderman Cheesn~ul, that
the u~,~unication be received and filed. Carried Unanim0usly.
No. 99 - Ontario Good Roads Association - Re.. Grader Operator Upgrading Program.
The oa,,~unication advises of a course designed for mmicipal e~ployess who are'
-4-
capable of operating a grader but due to lack of experience, or training,
require furt/~er instruction to develop the skills and knuwledge necessary to get
the best results frc~ the machine.
ORDERED on the motion of Alderman Cunmnings, seconded by Alderman Fera, that the
c~,unication be referred to staff for the preparation of a report. Carried
Unanimously.
No. 100 - Federatio~ of Canadian Municipalities - Re: 1982 Annual Conference.
The cxxm~anication provides information c~ the importance of the Federation's
1982 Annual Conference.
ORDERED on the motion of Alderman Baker, seconded by Alderman Cunln/ngs, that the
communication be received and filed. Carried Unanimously.
No. 101 - Federation of Canadian Municipalities - Re: FCM Membership Fees -
1982-83. The ccmnunication advises of the 1982-83 membership fee of $2,476.99
based on a par capita rate of 3.5~ x 70,771.
ORDERED on the motion of Alderman Cumaings, seconded by Aldernmn Kerrio, that
the cc~munication be referred to the Finance Conmittes for consideration.
Carried Unanimusly.
No. 102 - Lions Club of Niagara Falls - Re: Phase 4, Lions Recreation Ccmplex c~
Drumond Road. The cc~nunication requests that the City consider financial
assistance in providing a sign on the c(mplex for identification end ooamLnlica-
tion purposes to the public.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cunmings, that
the c(mmunication be referred to staff for the preparatic~ of a report to the
Finance Cc~mittee. Carried Unanimously.
No. 149 - Recreation Commission - Re: Arbour Day Celebrations. The report
reoa~,lends that the proposed program developed by the Northwest Area Recreation
Board be accepted as the City of Niagara Falls Arbour Day Celebrations, end
further that Council declare Arbour Day as indicated in the Artx)ur Day Act,
1981.
ORDERED On the motion Of Alderman Cunluings, seconded by Alderman Jenvary, ~ that
the report be received and adopted. Carried Unanin~asly.
No. 150 - Acting Administrator - Re: AM-2/81, Welland Securities, Montrose Road.
The report rec(mmends approval of the application provided that any discharge
frcm the industries would be dc~estic type sewage fr~n washrooms until full
nunicipal services are all installed.
ORDerED On time nDtion Of Alderman Dilts, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
Reso .
· See lutxon #11
See By-laws 82-51,
82-52 end 82-53
No. 151 - Acting Administrator - Re: AM-9/81, A. 'Kane and Official Plen
Amendment No. 129, South Side Lyons Creek Road, East of Beck ~oad. The report
rec~,,ee~ds, l) Approval of the applicticu subject to approvals being received
frcm the Niagara Peninsula Conservation Authority end the Niagara Regional
Health Unit; and 2) Approval of proposed Official Plan Amendment No. 129 and the
implementing restricted area by-law.
ORDERED on the motic~ of Alderman Somerville, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See Resolution #12
82-,
and 8
No. 152 - Acting Administrator _ Re: AM-2/82, J. Bru~iun, 6131 Virginia Street. '
The report rece,,~ends approval of the applicatifm subject to the site being
limited to the use of a Retail Electrical Supply store and residence, and that
the lands be placed under Site Plan Control.
ORDERED ea the motion of Aldemnan Baker~ seccraed by Alderman ~mnerville, that
the report be received and adopted. ' Carried Unanimously.
...... 8, 82-57
.and 8
No. 153 - Acting Administrator _ Re.. Extensions of Draft A~proval of
Subdlvisic~s - Balnnral Court, Augurusa Subdivisiel Karklins SuMivisi
RainbeN Gardens Subdivision, Desson Subdivision, D~mrcr~ Village
Kingsview Subdivisio~ and Westway Estates Subdivisicel. The report reo~,,,ends
um,
-5-
that Council support further one year extensione on all subdivisions with the
exception of the Desson Subdivision, and that Council take no action in
requesting the Ministry of Municipal Affairs and Housing to grant a further
extension.
ORDERED on the motion of Alderman Fera, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
See Resolution #13
No. 154 - Acting Administrator - Re: Falls Industrial Park Extension - Sale of
Lots 34, 35 and 36 and Block "D" and Part of Anderson Crescent to Washington
Mills Limited. The report rec<a~,tends passage of: 1) A by-law authorizirK3 the
sale of the subject lands to Washington Mills Limited for $174,196.00; 2) A
by-law authorizing an application for the closing of part of Anderson Crescent
on Plan M-67; and 3) A resolution authorizing an application to the Minister of
Housing for consent to an Order being made amending Plan M-67.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cumnings, that the
report be received and adopted. Carried Unanimously.
See Resolution #19
See By-laws 82-58
and 82-59
No. 155 - Acting Administrator - Re: Contract S.S. 2-82, Sanitary Sewer
Upgrading Works Onippawa Area. The report recc~ends that the alternative unit
prices submitted by the low tenderer, Provincial Construction Limited, be
accepted, and that the by-law appearing on tonight' s agenda with respect to
award of the contract be approved.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See Resolution #14
Sea By-law 82-60
No. 156 - Municipal Parking & Traffic Cul,lattee - Re: Parking on Victoria
Avenue. The report recu~,~ends that the Region be requested to consider the
reroval of the parking prohibition on the westerly side of Victoria Avenue in
the vicinity of Lococo Fruit & Vegetable market.
ORDERED on the motion of Alderman Merrett, seconded by Alderm~n Cun~nings, that
the report be received and ~dopted. Carried Unanimously.
No. 157 - Municipal Parking & Traffic Cu,,la ttee - Re: Traffic By-law Maxinure
Fines. The report reds that the necessary by-law amendments be prepared
to set maximum first offense finas at $25.00 and subsequent offense finas at
$50.00 for all rmulicipal parking offenses.
Alden,~n Merrett provided additional information on the reasons for
setting the maximum fines at $25.00 end $50.00.
ORDERED o~. the motion of Alderman Merrett, seconded by Alderman Cumuings, that
the report be received end Mopted. Carried Unanimously.
No. 158 - Municipal Parking & Traffic Cu~,i~ttee - Re.' Parking Mater Fund. The
report reoa,,Lends that City staff be directed to report to the Municipal Parking
end Traffic Cu~,~attee on ways of improving the net revenue position of the
parking fund.
,- Additional information was provided by Alderman Merrett end Mayor Thomson
in resE~nse to a nunber of questions raised.
ORDERED on the ~3tion of Alderman Marrett, seconded by Alderman Kerrio, t/~at the
report be received and adopted. Carried Unaninously.
No. 159 - Munici~al Parking & Traffic CCmEittse -- Re.. Contract with Canadian
COrps of Oal~dssloneires. The report recela~ends passage of a by-law authorizing
en agMt with the Canadien Corps of Cxa,,,n ssionaires for By-law ~force~ent.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
See By-law 82-61
No. 160 - A=ting Administrator - Re.. Ontario Traffic Cce~ferenca Annual Maeting.
The re~ort reo~,,~ends that c~e w~fa)er of Council and two members of staff be
authorized to attend the O.T.C. 'annual nmeting in Windset from April 25 - 28,
1982.
During the discussicu on the report, several members of Council questioned
the necessity of semttng three perm to the conference. Informatic~ was
provided by Alde~nnn Merrett, the Acting Administrator and the Traffic and
Construction Engineer in response to questic~s raised.
-6-
Foilwing further discussion, it was moved by Alderman Chees~en, secc~ded
by Alderman Fera, that the report be received end adopted. The lrotion Carried
with the follow/rig vote:
AYE: Aldermen Cheesman, Dilts, Fera, Baker, Puttick, Schisler end Sceerville.
NAYE: Aldermen Ctmm~ngs, Jenvary, Orr and Kerrio.
No. 161 - Acting Administrator - Re.- Rental of EquiFment for Landfill Site,
1982-1983. The report rec~'l~lends acceptanoe Of the tender sukmitted by Nisus
Construction Limited for providing a crawler bulldozer at $22.50 per hour, and
a crawler type front-end loader at $23.40 per hour being the lowest tender
received.
ORDERED on the mDtion of Alderman Cumgs, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unan/mDusly.
See Resolution #15
No. 162 - Acting Administrator - Re: Tenders for Materials - 1982. The report
reds acceptance of various tenders for the supply of materials in 1982.
AldeL~un Dilts disagreed with the award of the tender on tires, particu-
larly on the high volt~ne tires for heavy trucks, pointing cut the difference in
price of $66.86 per tire. The Alderman felt that by purchasing the cheaper
tire, the savings of $66.86 per tire ~ould more than cc$~pelsate for the
difference in the road service rates. The Equipment Superintendent explained
the formula used in the determining en overall price for the tender, end advised
that based on the City's total estimated tire requiremente for the year, it was
felt the tender submitted by National Tire & Tune Up L/mited was more
eec~omical.
Alderman Dilte felt the report should have been sut~itted to the Municipal
Works Ommittee for review so that this question could have been answered before
cc~ing to Council. The Director of Municipal Works pointed out that tenders are
not normally discussed by the Municipal Works Cc~mittee, and the usual practice
is to submit tenders to Council as quickly as ~ossible.
In response to a questice raised by Alderman Baker, the Director of
Municipal Works provided additional information regarding the hot mix asphalt
tender.
FOllowing further omment, it ~as moved by Alderman Fera, seconded by
Aldermen Cumnings, that the report be received and adopted. The motion Carried
With Alderman Dilts voting contrary, and all others voting in fayour.
No. 163 - Acting Administrator - Re.. DiGasbarro Cash-in-Lieu Agreement. The
report reccm~ends that no cash payment be received by the City as a result of
the subject agreement.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 164 - Finance C~,~,attee
reccmTaends that Council approve the 1982 water supply system budget as set out
in section 30 of the budget hook, end the amendments to the water by-law
appearing o~ the agenda increasing the rates by 12% and certain service charges,
to be effective June 1, 1982.
ORDERED on the motion of Alderman Cheesman, secc~dad by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See By-law 81-62
No. 165 - Finance Cu~,~ttee - Re.. Seminar of Festivals, Quebec City. The report -
reo~,,,ends that Council approve a grant in the amount of $500 to Sandra Barrett,
President of O~toberfest Niagara, to represent Oktoberfest Niagara and Niagara
Festivals at the Quebe~ City Seminar of Festivals scheduled for April 23 - 25,'
Alderman Chsasman pointed out that the $500 grant to Mrs. Barrett would be
ORDERED on the m0tic~ of Alderman Cheem~en, seconded by Alderman C s, that
the report be received a~ adopted. Carried Ummim0usly.
No. 166 - Acting ~dministrator - Re.. Municipal Accounts. The report reccrmBnds
paA~ent of the nunicipai accounts.
862 Additio[ml inform~tic~ was provided on ~eques #8550, #8585, #8586, #8615,
# 9, ~8~42, #8670, #8674 and #8721 in ~ to questi0~ raised by Alderme~
C~ntngs, Janvary and Puttick.
7
With respect to Cheque #8616, Alderman Janvary indicated that she had been
very inpressed with the plaque prepared to co~menorate Terry Fox and his efforts
to raise funds for the fight against cancer. Mayor Thc~scn advised that there
will be an unveiling ceremony on April 13th, 1982 in the Centennial Square prior
to the Council meeting. Alderman Cheesman referred to the fact that a special
stamp ha~ been i_Ssued in memory of Terry Fox, ana suggested that officials of
'the Post Office be asked to participate in any ceremony being held.
ORDERED on the motion Of Alderman Somerville, seconded by Alderman Kerrio, that
the report be received and adopted. The mDtion Carried with Alderman Puttick
abeteining on a conflict of interest on Cheque #8709, and all others voting in
favour.
No. 167 - Loan Review Co~w~ittee - Re: Applications for ASsistance. The report
reds approval of six applicatioas for assistance received under the
Ontario Hcme Renewal Program.
ORDERED On the motion of Alderman Merrett, seconded by Alderman Baker, that the
report he received end adopted. Carried Unanimously.
No. 168 - Acting Administrator - Re.. Stamford Presbyterian Cemetery. The report
provides information on the discontinuation of joint use of a storage shed by
the City at the Stamford Presbyterian Cemetery.
ORDERED on the motion of Aldern~n Cunm~ings, seconded by Alderman Dilts, that the
report be received end filed. Carried Unanimously.
No. 169 - Acting Aaministrator - Re: City Centre Coordinating Committee. The
report recc~ends that the membership c~ the City Centre Coordinating Committee
be expanded and that the Niagara Falls Business & Industrial Growth Agency be
asked to participate end appoint one representative to the said Conmlittee.
Mayor Thomson provided additional information on the scheduling of meetings
in response to a question raised by Alderman Baker.
ORDERED ca the motion of Aldermmn Merrstt, seconded by Alderman Orr, that the
report be.received end adopted. The motion Carried with Alderman Puttick voting
contrary, and all others voting in favour.
No. 10 - DILTS - B~KER - RESOLVED that the (Taippawa Lions Club be granted
permission to conduct a beer concession with their annual carnival on June 9th,
10th, llth and 12th, 1982 at the Niagara South Recreation Centre on S0dc~ Road,
subject to the approval of the Niagara Regional Police, the Niagara Falls Fire
Department, the Niagara District Health Unit end the Liquor Licensing Board of
Ontario; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 11 - DILT8 - BAMER - RESOLVED that the Oouncil of the Corporation of the
City of Niagara Falls hereby certifies that By-laws 82-51 end 82-52 for the
rezoning of lands on the south side of Chippawa Creek Road, west of Montrose
Road oatFlies to Official Plen Amendment No. 28 of the Niagara Falls Planning
Area as amended and approved by the Minister of Housing; AND the Seal of the
Corporation he hereto affixed.
Carried Unanimously
No. 12 - SOMERVILLE - DILTS - RESOLVED that the Council of the Corporatic$~ of
the City of Niagara Falls hereby certifies that By-law No. 82-55 for the
rezoning of lands on the south side of Lyons Creek Road, east of Beck Road, will
conform to Official Plan Amendment No. 29 of the Niagara Falls Planning Area
0~ce Official Plan Amendment No. 129 has been approved by the Minister of
HouSing; A~D the Seal of the Corporatio~ be hereto affixed.
.- , Carried Unanimously
No. 13 - FE~A - JANVA~ - RESOLVED that the Ministry of Municipal Affairs
Housing, Plans Administration Division, be advised that the Council of the City
of Niagara Falls concurs with extensice18 of draft approval, to April 16th, 1983,
for the following subdivisions;
B~lKoral Court
Augurusa
Kark~ins
~ainbcw Gardens
Dr%mmund Village Cond~nini,~n
Kingsview
Westway EStates
26T-24772
26T-76098
26T-77159
26T~74143
26 CEM 76-093
26T-25184
26T-25013
1 ~ND the Se~l of the Corporatic~ be hereto affixed.
Carried U~animuusly __
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No. 14 - DILTS - BAKER - PaSOLVED that the unit prices sukmitted by Provincial
Construction (Niagara Falls) Limited for sanitary sewer ~Dgrading works in the
Chippawa area, be accepted at the tendered price of $268,622; AND the Seal of
the Corporation be hereto affixed.
Carried Unanimously
No. 15 - Ct~U_NGS - DILTS - RESOLVED that the prices submitted by Nisus
Construction for rental of equil~ent at the sanitary landfill site be acce~ted
at the hourly rates of $22.50 per hour for a crawler bulldozer and $23.40 per
hour for crawler type front end loader; AND the Seal of the Corporation ~e
hereto affixed.
Carried Unan/r~Dusly
No. 16 - FERA - Ch~LINGS _ RESOLVED that the following tenders for the supply of
various materials be accelyced:
1) TAres, Tubes & Tire Repairs - National Tire & Tune Up;
2) HOt Mix Asphalt - Northland Bitulithic and Hard Rock Paving Limited;
3) Granular Material - Walker Bros. Quarries Limited, Queenston Quarries, T.C.G.
Materials Limited, and Ridgemount Quarries;
4) Gate Valves - Western Supplies Ltd.;
5) Valve Boxes - J.R. Ferguson Limited;
6) Tapping Valves and Sleeves - Emco Supply and Western Supplies Ltd.;
7) Oxygen, Acetylene end Propane - Niagara Welder' s Supply Limited;
8) Ce~mt, Lime & Seal Bond - Weightman's (Chippawa) Limited and Niagara Block
C~l~any Limited;
9 ) Reedy Mix Concrete - The Premier Group.
; AND the Seal of the Corporatim be hereto affixed.
Carried with Ald-
erman Dilts voting
contrary, and all
fa vcur.
No. 17 - ~S - RAKER - RESOLVED that pursuant to the Public Transportation
and Highway Improvement Act, the Corporation Of the City of Niagara Falls hereby
,requests an allocation of subsidy funds for transportation for the physically
disabled in the amount of $28,449 for Combined Capital and .Operating Assistance
PrOgram~B;- AND the Seal .of the Corporation be hereto affixed.
Carried Unaninuusly
No. 18 CL~GS - DILTS - RESOLVED that pursuant to the Public Tran~rtation
and Highway In~rovement Act, the Corporation of the City of Niagara Falls hereby
requests an allocation of subsidy funds for public transportatic~ in the amount
of $198,000 for the Capital Assistance Progreurme, and $382,890 for the Transit
Operating Assistance Program,s; AND the Seal of the Corporatim be hareto
affixed.
Carried Unarmly
No. 19 - BAKER - JANVAE{ - RESOLVED that pursuant to Sectic~ 145 of the Land
Titles Act R.S.O. 1980, the Minister of Housing be requested to c~lsent to an
Order being made amending the plan of subdivision registered in the Land
Registry Office for the Land Titles Division of Niagara South (No. 59), on the
29th day of June, 1978 as Plan M-67 k~ permanently closing part of Anderso~
Crescent as shc~n on the said plan; A~ the Seal of the Corporation be hereto
affixed.
Carried Unanimously
..BY-LAmB
ORDERED un the moti(m of Aldernmn C~gs, secoraed by Alderman Fera, that
leave be granted to introduce the following by-laws, and the by-lawB he read a
first time:
..N.o.. 82-51 - A By-law to amend By-law No. 79-200, as amended. (AM-2/81)
.No. 82-52 - A By-law to amend By-law No. 79-200, as amended. (~4-2/81)
No. 82-53 - A By-law to designate certain areas of land in the City of Niagara
Falls as site plan control areas. (AM-2/81)
-9-
No. 82-54 - A By-law to provide for the adoption of an amendmant to the Official
Plan of the Niagara Falls Planning Area. (AM-9/81)
No. 82-55 - 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. (AM-9/81)
No. 82-56 - A By-law to amend By-law No. 79-200, as amended. (AF~2/82)
No. 82-57 - A By-law to designate an area of lend in the City of Niagara Falls
as a site plan control area. (AM-2/82)
No. 82-58 - A By-law to authorize the sale of land in the Falls Industrial Park
Extension.
No. 82-59 - A By-law to authorize en application for the closing of part of
Anderson Crescent according to Registered Plan M-67.
No. 82-60 - A By-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for sanitary sewer upgrading
works in the Chippawa area.
No. 82-61 - A By-lw to authorize an agreement with Canadian Corps Of
Cc~missionaires (Hamilton).
No. 82-62 - A By-law to amend By-law No. 75-20 as amended to regulate the supply
of water and to provide for the maintenance and management of the
waterworks and for the imposition and ODllsotion Of water rates.
No. 82-63 - A By-law to authorize a subdivision agreement with Ten Partners
Develol~nent Limited et al.
No. 82-64 - A By-law to providemu~ies for general purposes.
Carried with Alderman
Puttick abstaining on
By-law 82-64, and all
others voting in
favour.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the
following by-laws new be read a second and third time:
No. 82-51 - A By-law to amend By-law No. 79-200, as amended. (AM-2/81)
No. 82-52 - A By-law to amend By-law No. 79-200, as amended. (AM-2/81)
No. 82-53 - A By-law to designate certain ereas of land in the City of Niagara
Falls as site plan control areas. (AM-2/81)
NO. 82-54 - A By-law to provide for the adopticn of an amendment to the Official
Plan of the Niagara Falls Planning Area. (AM-9/81)
No. 82-55 - 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. (AM-9/81)
No. 82-56 - A By-law to amend By-law No. 79-200, as amended. (AM-2/82)
No. 82-57 - A By-law to designate an area of lend in the City of Niagara Falls
as a site plan control area. (kM-2/82)
_No. 82-58 - A By-law to authorize the sale of land in the Falls Industrial Park
Extension.
~No. 82-59 - A By-law to authorize an appliestio~ for the closing of ~ert of
Anderson Crescent according to Registered Plan M-67.
_No. 82-60 - A By-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for sanitary sawar upgrading
works in the Chippawa area.
82-61 - A By-lw to authorize an agreement with Canadian Cor~e of
Ccmmisstamires (Hamiltm).
.No. 82-62 - A By-law to amend By-law No. 75-20 as a~mded to regulate the supply
of watar and to provide for the mintenance and management of the
waterworks and for the imposition and collectiun of water rates.
No. 82-63 - A By-law to authorize a subdivisic~ agreement with Ten Partners
DeveloEment Limited et al.
No. 82-64 - A By-law to provide monies for general purposes.
Carried with Alderman
Puttick abstaining on
By-law 82-64, and all
others voting in
favour.
SYLVIA PLASE MARKET
Cc~munication No. 103 - Sylvia Place Farmers Market Association - The oc~,i,unica-
tion requests that the City consider a grant of $~00.60 to assist the newly
formed association in advertising and promoting the market.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cun~ings, that
the o~a,~unication be referred to the Finance Committee. Carried Unanin~usly.
PROSTITGTION
Alderman Cunm~ngs expressed concern regarding the prostitution problen in
the City, and noted that since Spring would ke bringing improved weather, the
problem would only increase further. Mayor Thc~son advised that the City
Solicitor w-as working on the problem of preparing a by-law, and in addition, the
Federal Cfmmittee studying this matter had acknewledged receipt of the City' s
suk~ission for amendments to existing legislation. The Mayor indicated that he
w~s waiting to hear frcm the Conmittee regarding the City's request to mske a
presentation on the matter. '
Alderman Schisler indicated that he had received a ~laint regarding
pigec~s in the Sirecos street area. Mayor Thomsc~ indicated that anyone
e,xperiencing a problem of this nature should contact the Health Unit, since
pigeons were not covered by any City by-law.
Council Chambers
March 29, 1982
SPECIAL MEETING
Council met on Monday, March 29, 1982 following a General Conmittee
session. All members of Council ware present with the exception of Aldermen
Orr, Puttick and Schisler. His Worship, Mayor Thomsc~ presided as Chairman.
RATIFICATION OF GENERAL COMMITr~F. DECISIONS
PNDCLAMATION OF "KNIGHTS OF COLUMBUS WEEK"
It was moved by Alderman Cheesman, seconded by Alderman Merrett, that the
waek of March 25th - 31st, 1982, be proclaimed as "Knights of Columbus Week" in
Niagara Falls in connection with the 100th Anniversary of the Knights of
Colunbus. Carried Unanimously.
GRA~3 PRIX INTERNATIONAL PROPOSAL
It was moved by Alderman Cheesman, seconded by Alderman Merrett, that
Council grant the request of Mr. G. Ungaro c~ behalf of Grand Prix International
to proceed directly to Council with a zoning amendment application, and that
staff be instructed to report fully en the matter at the next meeting. The
motion Carried with the following vote:
AYE: Aldermen Chees~,an, Dilts, Janvary, Merrett, Kerrio and ScTaerville.
NAYE: Aldermen Cummings, Fera and Baker.
Report No. 170 - Acting Administrator - Re: Thorold Town Line Road Closing. The
report recc~eens.. 1) That Thorold Town Line Road from Regent Street northerly be
sold to Walker Brothers Quarries Limited at the rate of $3200 per acre; 2) That
any funds received for the sale of the land be shered equally with the City of
Thorold, which owns one-half of the roadway at the present time; 3 ) That scme
kind of "turning area" be constructed at the new north limit of the Thorold Town
Line Road (presumably in the area of Regent Street) to facilitate verions types
of ~eintenance activities required by the Cities of Niagara Falls end Thorold;
end 4) That all legal and surveying costs, etc. required to implement the above
he absorbed by Walker Brothers Quarries Limited.
ORDERED on the motion of Alderman Chee~nn, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
Report No. 171 - City Solicitor - Re.. Nuclear Disarmament Question. The report
reommBnds that Council decide whether it wishes a by-law to authorize the
submission to the electors of a question respecting nuclear disarmamerfc to be
prepared for Council ' s consideration.
ORDERED on the motion Of Alderman ChesTan, sec(~nded by Alderman Marrett, that
the matter be deferred for one month, that the date of the meeting at which the
matter will he considered be advertised, and further that the costs of providing
the additional ballot be provided at that time. The m0ticn carried with the
foll(~qing vote.. .
AYE.. Aldermen Cheesma~, Dilts, Baker, Janvary, Merrett, Kerrio and Somerville.
NAYE... Aldermen Cun~/ngs end Fera.
'l~eport No. 172 - Finance Co~nittea - Re.. Marineland Request for Exe~'~tion of
Minimum Water Bill. The report recca,,,ends.. 1) That the request of Marineland
for pal~mnt of its water bill on a '~mter used only" basis, including the usual
service charge, be approved; end 2) that a suitable agreement and revised by-law
be presented for CouD=il's consideration to acc~mudate the above
r~tion, as outlined.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanin~usly.
Report No. 173-- Actin~dministrator - Re.. Contract S.S. 4-82, Storm Sewer
Relining on Cambridge eet. The report recommends acceptance of the unit
prices submitted by Ernie Damore and Sc~ Limited for the subject oontract.
ORDereD on the motion of Aldemmln Chees~an, secc~lded by Alderman Merrett, that
the report be received and ~k~ted. Carried Urmninuusly.
See Resolution #20
See By-law
Report No. 174 - Acting Administrator - Re.. Restricted Area By-law 81-208,
Proposed Niagara River Inn. The re~ort advises that the Ontario Municial Board
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my not hold a hearing on the subject by-law until July, 1982.
ORDERED on the motion of Alderman C~eesman, seconded by Alderman Merrett, that
the report be received eux~ filed. Carried UnanimDusly.
Report No. 175 - Acting Administrator - Re: Release of Copies of Golder Report.
The report recc~m~nds that Council consider whether or not it wishes to release
copies of the Golder Report to interested parties at $20.00 per Set.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
copies of the Golder Report be made available to interested parties at a cost of
$20.00 per set. The motion Carried with Alderman Senerville voting contrary,
and all others voting in favour.
ORDERED on the motion of Alderman Chee~nan, seconded by Alderman Merrett, that
staff co-ordinate investigation into the condition of River Road as reported by
Mr. J. Hennessey, between the Niagara Parks Ccerlission and Golder Associates.
Carried Unanir~Dusly.
Report No. 176 - Acting Administrator - Re: Request for Release, Lot 136, Plan
F~29, 7081 Woodgate Street. The report recce~nends pasSage of a by-law
authorizing a release of Lot 136, Plan M-29 from the provisions of a subdivision
agreement between the City and Taro Properties Inc. dated November 20, 1974 and
registered as Instrument No. 232482, as amended by an agreement dated August 29,
1975 and registered as Inset No. LT-2013.
ORDERED On the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
See By-law 82-65
Report No. 177 - ACting Administrator _ Re: CORE Building Renovations Steering
Co~nittee. The report recfmmends that Council appoint two aidermanic represea-
tatives to the subject Cemnittee.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that
Aldermen Cu~nings and Janvary be appointed to the Ccewnittee, and further that
staff be instructed to schedule meetings during evening burs. Carried
Unanimously. .
Report No. 178 - Acting Administrator - Re: Ontario Neighbourhood Improvement
Program. The report recc~wnends that the City of Niagara Falls make ~pplication
to the Ministry of Municipal Affairs and Housing for funds under the "Ontario
Neighbourhood Improvement Program" (ONIp), at total works recc[mPa~ded to be
carried out under the Program of $1,200,000.
ORDERED on the motion of Alderman ChSesman, seconded by Alderman Merrett, that
the repo~ be received and adopted. Carried Unanimously.
See Resolution #23
Report No. 179 - ACting Administrator _ Re: Zitano PurchaSe of Lands Known as
Bridge Street Athletic Grounds. The report reoa,,lends that Council indicate
whether or not it is in favour of releasing Mr. N. Zitano f~'u~, an Agreement of
Purchase and Sale oovering the lands known as the Bridge Street Athletic
Grounds.
ORDERED on the motion Of Alderman ChSe~an, seconded by Alderman Merrett, that
Mr. zitano be released frcm the agreement subject to deduction of the City's
legal costs, plus the Municipality retaining interest earned on the dslxlsit
sut~itted. The motion .Carried with the following votes
AYEs Aldermen Chesm~an, C~m~ings, Dilts, Merrett, Kerrio and Scmerville.
~-' Aldermen Baker and Janvary.
RESOLUTIONS
No. 20 - CHR~MAN _ M~aETP - RESOLVED that the unit prices su~nitted by Ernie
Damore and Son Limited for storm sewer relining on Cambridge Street from
Wiltshire Boulevard to Potter Heights, be accepted at the ~endered price of
$21,410.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimusly
No. 21 - C[a~4INGS - JkNVA~Y - RESOLVED that the Program of Pro[oSed Expenditures
for Highway Improverents for the year 1982 dated March 29th, 1982, be adopted as
presented in the total estimated amount of $5,519,100 with an estimated subsidy
of $2,214,000; A~ the Seal of the Corporation be .}mreto affixed.
Carried Unanimously
-3-
No. 22 - BAKER - CUMMINGS - RESOLVED that the Program of Proposed Supplementary
Expenditures for Highway Improvements for the year 1982 dated March 29, 1982, be
adopted as presented in the total esti/nated araount of $1,014,400 with an
estimated subsidy of $181,400; ~ the Seal of the Corporation be hereto
affixed.
Carried Unanimously
No. 23 - BAKER - DILTS - RESOLVED THAT WHEREAS notification has been received
frc~ the Ministry of Housing regarding the allocation of funds to be used in
connection with the Ontario Neighbourhood Improvement ProgramTe fiscal year
1982-83;
AND WHEREAS March 31, 1982 has been estblished as the deadline for allcoating
funds for the said Ontario Neighbourhocd Improvement Progranre for the period
May 1, 1982 to March 31, 1983;
NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls sukrait an
application to the Minister of Housing for the approval Of the projects to an
estimated cost of $1,200,000 with the Provincial Governne_nt to pay 50% of the
cost and the City to pay 50% of the cost, for the purposes of the Ontario
Neighkourhood Improvement Progran]ne for the pariod May 1, 1982 to March 31,
1983; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cun[nings, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 82-65 - A By-law to authorize a release. (Lot 136, Plan M-29)
No. 82-66 - A By-law to authorize tba execution of an agreement with Ernie
Damore & Son Limited for etom sewer relining on Cambridge Street
from Wiltshire Boulevard to Potter Heights.
No. 82-67 - A By-law to authorize an agreement with Nisus Construction Limited
for the supply of equil~ent for the City's sanitary landfill site.
Carried Unaninr~sly
ORDERED on the motion of Alderman Baker, seconded by Alderman Dilte, that the
following by-laws be now read a second and third t/me:
No. 82-65 - A By-law to authorize a release. (Lot 136, Plan M-29)
82-66 - A By-law to authorize the execution of an agreement with Ernie
Damore & Son Limited for store sewer relining on Cambridge Street
free Wiltshire Boulevard to Potter Heights.
N_o. 82-67 - A By-law to authorize an agree~_nt with Nisus Cxmstruction Limited
for the supply of equipment for the City's sanitary landfill site.
Carried Unanimously
N~N BUSLNESS
[DUG AUSTIN DAY - MAY 6, 1982
Alderman Ctu~e~,]ngs advised that Doug Austin of the Review, will he retiring
shortly, and a retirement dinner was being arranged for him on Ma~ 6, 1982. In
view of his cc~mu~ity involvement, the Alderman suggested that May 6, 1982, be
proclaimed as "Doug Austin Day". It was moved by Alderman Cun~gs, seconded by
Alderman Janvary, that May 6, 1982, be proclaimed as Doug Austin Day in Niagara
Falls. Carried Unanin~usly.
PEDESTRIAN ACTIVATED C~0~SING SIgnaLS
Mayor Thereon advised that the first pedestrian activated crossing signal
had been established on Portage Road at St. John Street. The Mayor indicated
that the re,mining signalized crossings would be activated shortly.
O3NSIDERATION OF ACTING CHIEF AIIMINISTRATIVE OFFICER
In response to a question raised by Aldemmn Baker, Mayor Thomson advised
that a decision ~Duld be made cn the totter ~ the City' s agreement dealing
-4-
with the former City Manager's remuneration had expired, so that the City would
not be paying t%D Salaries for the same [osition at once.
It was moved by Alderman Cheesman, seconded by Alderman Baker, that the
meeting adjourn. Carried Unaninx3usly.
T~RLFTH~i~-rING
REGUIAR~TING
CouncilChambers
April 5th, 1982
Council met on Monday, April 5th, 1982 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present, with the
exception of Alderman Kerrio and Mayor Thomson. Alderman Sc~erville offered the
Opening Prayer.
RESOLUTION
No. 24 - CHRRqMAN - DILTS - RESOLVED that Alderman Merrett be appointed as
Acting Mayor for the period of April 5th to 12th, 1982; AND the Seal of the
Corporation be hereto affixed.
Carried UnaninDnsl~,
ADOPTIC~q OF MINUTES
ORDERED on the motion of Alderman Baker, seconded by Alderm~n Cunmings,
that the minutes of the nmetings held on March 22nd end 29th, 1982, be adopted
as printed. Carried Unanimously.
UNFINISHED BUSINESS
ONTARIO DDMgTOWN REDEV~ nPM~qT PROGRAM APPLICATION - MARKET STUDY UPDATE
Report No. 180 - Acting Administrator - The report rec~,,tends passage of by-laws
authorizing agreements with Patrician Land Corlx)ration Ltd. (Primesite Develop-
melts) and Larry Smith & Associates Ltd. for the subject study update.
The Acting Administrator indicated that the report was to be withdrawn frc~
the agenda.
MR. VISCA'S PROPERTY- 4727 RYERSONCRESCENP
Report NO. 181- Acting. Administrator -The report provides information on the
subject property, cn ch the construction of an addition to provide for a
thrcc family dwelling was c~nced prior to consideration of the necessary
zelizlg amendment application. '
Alderman Baker felt that it would not be sufficient to simply receive and
file the report, but that Council should make a decision cn whether charges
should be laid, or if the matter was to be allowed to proceed as a zoning
ameranmnt application. In restxmlse to a question raised by the Alderman,
Mr. L0coco, the applicant's solicitor, indicated that c~elstruction had ceased
upon receipt of the order frrm the Building & Develula,~nt Department. In view
of the explanation provided in the report, Alderman Baker felt the application
should be referred-hack to the Planning & Develollrent C~,,,,tttee to be considered
on its merits as a planning totter.
Following ~er discussion, it was moved by Alderman Baker, seconded by
Aldek~,nn Orr, that the retx)rt ~e received and filed, and the matter referred
back to the Planning & Develolment C~,,,,{ttee to be handled as a regular planning
matter. The motion Carried with Aldermen Puttick and Schisler votia9 contrary,
and all others voting'~vour.
O3M~f~ICATIONS
No. 104 - Niagara Regional Health Unit - Re. Mosquito Control 1982. The
comunication requests that the City of Niagara Falls participate in 1982
moequito ~rol prepare.
ORDERED on the motion of Alderman Ctmluings, seconded by Alderman Dilts, that the
ccsmunication be referred to staff for infc~ntion purposes. Carried
Uasnlmously.
No. 105 - Nia a Transit - Res Transit Service to Westlane, Thorold Stone
Acres, ~ola ~ and Jubilee Drive Area. The oa,i~unicatim provides
informattc~ on ne~ routes to be established serving the subject areas.
Al~e~-,an Janvary questjoined the necessity of operati~ the ~ew routes an a
sixteen hour basis, and ass~enM that the hours be reduced am] the ridership
studied to detezmine if a hour route was necessary.
t,4
-2-
ORDERED on the motion of Alderman C~,.langs, seconded by Alderman Cheesman, that
the o~.,unication be received and filed. Carried Unanimously.
No. 106 - City of St. Catharines - Re.. High Interest Rates. The c<xl.lunication
requests endorsation of a resolution advising the Federal GOvernment of that
City's opposition to the GOvernment's high 'interest policy.
Alderman Cu~gs indicated that be supported the resolution in view of the
effect high interest rates are having on all individuals and businesses.
Alderman Puttick questioned why the resolution ~as only being circulated to
municipalities with populations in excess of 50,000. The A~ting Aaministrator
advised that there is a oost factor involved sinca there are in excess of 2000
nunicipalities in the Province, and by circulating to the larger re/nicipalitiss,
the bulk of the ~opulation is covered.
Alderman Cheesman advised that although be shared the concern over the
effects of high interest rates, ha was opposed to the motion since he felt the
Federal GOvef,a,ent would have lodered the interest rate if it ~ere able to do
so. The Alderman pointed out that this was a very c~l~lex financial issue, and
passage of the resolution would be meaningless because the Federal GOvernment
w~s not in a poeition to simply lower and raise the interest rate without having
far reaching effects on the economy of the Country.
Aldeninn Merrett agreed that the Federal Government could not lower the
interest rate indiscriminately, hcwever ha felt there were ~ays in which the
GOvek-i~,ent could give scrne relief frcm the effects of the rates. The Alderman
suggested that endorsement of the resolution would get ~his point across to the
Federal GOvernment.
Following further discussion, it ~as moved by Alderman Cunmlings, seconded
by Alderman Orr, that the resolution be endorsed. The motion Carried with
Aldermen Cheeenan and Schisler voting contrary, and all others~ in fayour.
No. 107 - City of Stratford - Re.. Mortgagee on Hcrnee with Urea FOrmaldehyde Foam
Insulation. The ~,,tunicetion requests endorsation of a resolution requeeting
the Federal GOvernment to consider providing mortgagee for hcraes containi~ urea
formaldehyde foam insulation.
Alderman Baker indicated that he sympathized with persans who have had
their homes insulated with this material, however he could not support the
action suggested in the resolution.
Aldel~,nn Cunwnings felt that since the Federal Goven~,P. nt had criginally
approved the use of this material for insulation purposee, it should ae~Ft some
res[x)usibility and assist persons affected.
Aldermen Schisler advised that it was his understanding this material was
Alderman Schisler, that the ce,mmantcaticn be received and filed. The
AYE'[ETAldermen Baker, Janvary, Orr, Puttick, Schisler and Scraerville.
~E~rE.. Aldermen Cheesrnan, Cu~mlnge, Dilte and Fera.
the request he approve~ subject.to esfAblished policy. Carried Unan~ly.
No. 109 - M Media Pruducttons - Re.. Custom Video Tape Progranmms. The
video tape prog~nes. '
O~DERED on the motion of Aldermen Orr, seconded t~ Alderran Janvary, that the
firm be invited to nmke a presentation at the Council meeting of April 19th, and
that the Chamber of C/~,.i=r~e, Downtown Board Of Fsnagelnmlt, BoIoG. ~r3ency and
Visitor and C0~ventton Bureau be invited to attend at that time. Carried
Unanimously.
No. 110 - Niagara Falls Business & Industrial Growth Agency -'Re: Industrial
x~hour Assistance P~-o~ram. T~e .-.-a,i,unl~attum requests that C-~_..,ncil ask Regicrml
ib
Council to investigate the ~oes ility of ~esignating the Peninsula
-3-
No. 111 - Heart Niagara - Re: Heart Niagara Week. The conmunicaticn requests
that the Week of SeEfcember 12 - 18, 1982 be proclaimed as Heart Niagara Week.
ORDERED on the motion of Alderman Cunmdngs, seconded by Alderman Somerville,
that the request be approved subject to eetablished policy. Carried Unanimously.
No. 112 - Autanotive Parts Manufacturers' Association of Canada - Re: Japanese
Vehicle Imports into Canada. The c~,,lunication requests that Council endorse
reccrmBndations of the Association and the United Auto Workers Union asking the
Federal GOVernment to take i~ate action to ensure that Canadian
manufacturers and workers participate fully in the Canadian autcraotive industry.
Alderman Janvary agreed that government assistance was necessary, but not
in total as suggested in the cu,.~unication. The Alderman suggested that further
investigation into the matter was necessary before any action could be taken by
the Federal GOvernment.
Alderman Cheesman indicated that although he supported the intent of the
recxa,,,endations, he could not agree with the specific percentage points and
terms cutlined. The Alderman suggested that COuncil express its support of the
general intent of the recc~tions and advise the Federal GOvernment
accordingly.
Following discussion, it Wes moved by Alderman Cunmdngs, ended by
AldeL.~n Somerville, that the recu,,,endations outlined in the eu,alunication be
endorsed. The motion ws Defeated with the following vote:
AYE: Aldermen Cunmtings and ScrP_rville.
NAYE.. Aldermen Cheeenan, Fera, Baker, Janvary, Orr and Schisler.
NOTE: Aldermen Dilts and Puttick abstained on a conflict of interest.
It Wes then moved by Alderman Chee~an, seconded by Alderman Fera, that the
Honourable Herb Gray be advised that the City endorse the intent of the
reua~,,cadations and request that he give serious consideration to the matter.
The nrfcion Carried with Alderman Orr voting contrary, Aldermen Dilts and Puttick
aberaining on a conflict of interest, and all others voting in favcur.
No. 113 - Downtown Board of Management - Re: Space at City Hall. The ea~uunica-
tion requests that Council consider donating space at City Hall for me desk and
One filing cabinet for use by the Board.
The Acting Administrator advised that following receipt of the request, he
had examined the facilitiee at the City Hall and had determined there was not
sufficient space to acc<a~(~date the desk and filing cabinet. In resp(~lse to a
question raised by Alderman CuEgs, the Acting Ad~inistrator advised that he
had not investigated the use of other City buildings.
Alderman Puttick felt that if the City granted the request, it could
receive similar requests frcen other organizations having the same needs. The
Alderman asked if there were no members of the Downtown Board with sufficient
space in their buildings that could he used for this purl~se.
Mr. N. l~oss of the Dddntc~rn Board, indicated that most of the vacant space
in the Downtown ms tno large for what the Board required.
Alderman Puttick felt that if there was no r(x3n available at City Hall for
a desk aD~ filing cabinet, this should be explained to the Board and staff
should not be asked to carry cut any further investigaticns. Alderman Merrett
advised that the requeet %Bs specifically for City Hall and rot other City
buildings, and that the possibility of using spaoe at the Library c~ the CORE
building would he investigated. '-
Foll(~rlng further discussi(m, it ~as moved by Alderman Cunmings, that the
m~tter be referred to staff for investigation. The motion was not seccraed.
It was than moved by Alderman Fera, seconded by Alderman Orr, that the
emm]nicatio~ be received and filed. The motic~ Carried with the following
AYE: Aldermen Cheee~an, Dilte, Fera, Janvary, Orr and Puttick.
M~E.___~ Aldermen Baker, Cumings, 8chisler and 8(xnerville.
No. I14 - Chil~i)e~a Business AsSociatic~ - Re, Use of C~gtan Squere. "~he
cemunicatl0n requests permissim to use the C~mdngton 8quare on June 19th,
1982 for a flea market and that the City eul~ly trash cuntainers for the event.
ORDERED m the ,,~ion of Alderman Dilts, e t~ Alderman Baker, that
re~ea~ be lam=~yea. Carried Umrdamsly. =
.-~ ...
-4-
No. 115 - Associatio~ of Municipalities of Ontario - Re: Seminars c~ Waste
Management. Tne conmunicatic~ advises Council of seminars to be held during
April, May and June o~ w~ste management.
ORDERED On the mDtion Of Alderman (~eesman, seconded by Alderman Fera, that cile
member of staff and one member of Council he authorized to attend. Carried
Uhanimously.
Noo 116 - Perks and RecreatiOn FederatiOn of Ontario - Re.' Su~m~ssiun (n the New
Planning Act re: Perkland Conveyance Requirements. The oca~.lunicaticll requests
that Council advise the Ontario Gove~p,ent, by resolutiOn, whether or not it
supports the amendment to the new Planning Act concernin~ parkland conveyance
requirements.
ORDERED on the niDtiOn Of Alderman CumiBings, seconded by Alderman Sce~/~ille,
that the c~l,~unicatiOn he referred to the Planning & DeveloFment Ccemlittea and
the RecreatiOn Ocamdssion for cc~i~_nt. Carried Unanimously.
No. 117 - Serbian FOlk Arts Cc~mittee - Re.. St. Catharines FOlk Arts Festival.
The ca~.iunicatiOn requests parmissio~ to to sell alooholic beverages in
conjunctiOn with the festival On Friday, June 4, 1982.
ORDERED on the motiOn Of Alderman Cunimtngs, seconded by Alderman Janvary, that
the request he appreved subject to established policy. Carried Unanimously.
See ResolutiOn #24
No. 118 - Mrs. S. McVety - Re.. Perking Bus On City Property. The communicatiOn
requests parmissiOn to park a bus en City ~Nned pk-uperty On Willoughby Drive.
ORDERED On the motiOn of Alderman Chees~.an, seconded by Alderman Curm~ngs, that
the oa~.lunioatiOn be referred ~o staff for the preparation of a report. Carried
Unanimously.
No. 119 - Mr. J. Charle/~is - Re.. Dog Control. The communicatiOn requests that
Council review the ~x)rding of the City's dog control by-law with respect to the
term of a dog running at large.
Alderman Baker felt there Were scrae valid points raised in the letter, such
as the present answering service used by the Society, but indicated that he felt
the by-law in its present form was serving the cc~munity well.
Further discussicn took place c~ the matter, during which time Alderman
Baker provided additioikll informatiOn in response to questi(Mls end ~ts
raised.
Follcwfing further cement, it ~Bs moved by Alderman Baker, seconded by
Alde~m,~n Fera, that the c~i,unicatiOn be received and filed, am] that ~ copy he
sent to the H~ane Society. Carried Unanimously.
No. 182 - Acting Administrator - Re. AM-3/82, Famous Players Realty (Pyramid
Place), Robinson Street. The report re~a,mends approval of the applicatim to
permit mechanical type amuserent rides or devices within an erea presently being
used for parking.
Mr. J. Broderick, solicitor for the applicant, was granted tBrmission to
actiress Council ~n the m0ticn of Alderman Culmntngs, seconded by Alderamn
Cheesmen. Mr. Bredcrick explained the proposal in detail, coRmranting m ~he
relief being requested fren the height limitatic~s in the by-law and 'cc¢-erns
raised with rasEM~3t to perking. In regerd to the perking, Mr. Merick advised
that there was parking space available for 390 cers, althou~ only 263 spaces
ere required u~der ~he by-la~. In addition, there is i3erking for 140 cers ¢~
Buchanan Avenue, land which is owned by Famous Players and which was recently
zoned .s13e~ifically for perking. ~ould further space he required, an 8-aore
parcel of land on the north side of Robinson Street would be opened which would
provide parking for approx/mately 1,000 cars. With respect to an objection
raised by the adjacent Holiday Inn, Mr. Broderick indicated that the applicant
would he erecting signs directing vehicles to the parking ereas designated for
use by pat~-~-.a of-Pyramid Place.
Mr. S. Yerich, owner of the Holiday Inn expressed his ~x~ern that ~le
v~siting Pyramid Place ~ould use his parkin~ lot for parking, and sug]eetel that
Pyramid Place consider using p~rking attendants to er~ure that ~ehicles ere
~a~ked In t~e designated areas. Mr. ~ro~eric~ pointed ~ t~at it was to his
cli~iUs ed~antage to ~ave ~ ei~%~ aad larking attendants to direct
vieitors to the l~rking areas. It was 'also h~Rceted t~R lmrking ~uld be free
'5-
Alderman Cu~nings e~pressed concern over the rides to be operated On the
grounds, and asked whoee responsibility safety of the rides would be. The
Acting Administrator indicated that safety inspections of the rides was that the
responsibility of the Province and not the Municipality.
Alderhen Puttick referred to the statement in the report concerning
informatiOn frcln the Ministry of the Environment Noise Pollution Control section
and ask if the Ministry's oa~ents had been received as yet. The Planning
Director indicated that no ea~.~ents had been received prior to the meeting.
Further discussiOn On the applicatiOn took place regarding parking
facilities and the oaments from the Ministry of the Envirorunent which had not
been received prior to the Council Feering. Additional informaticn was provided
in response to a number of questiOns raised.
Following further cal.~ent, it was moved by Alderman Fera, seconded by
Alderman Scmerville, that the report he received and adopted.
It was than nDved by Alderman Schisler, seconded by Alderman Puttick, that
the applicatiOn be tabled for at least two weeks until the City receives the
informatiOn frc~ the Ministry of the Envirc~xent. The motiOn to table, which
took precedence, Carried with the following vote:
AYE: Aldermen Curlnings, Cheesman, Janvary, Orr, Puttick and Schisler.
NAYE.. Aldermen Dilts, Fera, Baker and Somerville.
No. 183 - Antirig ABaninistrator - Re: AM-3/82, Famous Players Realty Ltd., and
Matters Of Established Procedure. The report provides informatiOn on the
established procedures followed in a zoning amendment.
ORDERED On the motiOn of AldernBn Chsesman, seconded by Alderman C~mangs, that
the report be received and filed. Carried Unanimously.
No. 184 - Acting Administrator - Re.. kM-4/82 and Official Plan Amendment, Garbe
Holdings Ltd., 4001 FOurth Avenue. The report recommends approval of the
applicatiOn for a change in zoning fresh HI to GI in accordance with the
restricted uses as outlined in the report.
ORDERED On the motiOn Of Aldena~n Oamnings, seconded by Alderman Fera, that the
report be received an adopted. Carried Unanimously.
See By-law 82~__9
No. 185 - A~ting Administrator - Re~ Review of Fc~ for Zoning and Official Plan
Amendments. The report reo~mends that the Council approve the fees charged for
processing applications for zoning and Official Plan changes.
ORDerED On ~ motiOn of Alderman Cunmlings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 186 - Acting Administrator - Re: Restricted Area By-law No. 81-208, Proposed
Niagara River Inn. The report advises that the Ontario Municipal Board has
appointed Monday, May 1,7, 1982 at 11,00 a.m. for the o~menceraent of the beering
of the subject by-law. ~
ORDERED on the motiOn of Alderman Chessman, seconded by Alderman Cura~ings, that
the report be received af~ filed. Carried Unanimously.
No. 187 - Deputy City Clerk - Re: Restrioted Area By-law 82-20, Former Township
of Crawland. The report rM that the objections to the subject by-law be
referred to the Planning Department staff in order that the concerns raised
the objectors can be evaluated and perhepa resolved.
ORDERED on the ic~t3.On of Alderman Cheasman, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 188 - Acting Administrator - Re: Request for Release, Ix)t 303, Plan NS-22.
The report reoaii,ends passage Of a by-law to authorize a release of the subject
lot frcm the prmvisicns of a subdivision agreement between the City and Klydel
Holdings Incorporated dated November let, 1972 ,and registered as Instrument No.
176349.
~ on the motiOn of Alderman Schisler, seconded by Alderman Fera, that the
report be received and adopted. r"~ried Unan~ly.
See By-law 82-70
NOT~$ Aldenann Orr retired fr¢ln the meeting.
-6-
Aldernun Merrett indicated that if the businesses in the Zinmerman Avenue
are are prepared to join the Downtown are of benefit end pay the charges
associated therewith, the Parking end Traffic Committee would ke pleased to
consider a request for reuoval of parking meters in that area.
ORDERED o~ the motiota of Alderman Fera, seconded by Alderman Somerville, that
the report be received end adopted. Carried U~ly.
No. 190 - Acting Administrator - Re: 1982 Joint Annual Celference AW~A/C~MR.
The report reoaa~ends that two members of staff end ene member of Council ke
authorized to attend the subject conference to be held in Ottawa frc~a April
18th to 21st, 1982. · -
Considerable discussion took place with respect to the merits of having
both members of Council ar~ staff attend the conference. The Director of
Municipal Works provided ndditio~al information in response to questions raised.
FOllowing further discussion, it was moved by Aldex~an Dilts, seconded by
Alderman Chees~an, that the report be received and adopted. The motion Carried
with Alde~a~n Janvary voting contrary, a~d all others voting in favour. '
No. 191 - Acting Administrator - Re: DOrchester Village Su~dividers Agreement
and Policy for Financing. The report re~,,uends: 1) Passage of a by-law
authorizing the subdivider's agreeuent for the subject subdivision. including a
ne~ financing procedure as it applies to this subdivision; and 2) that the
proposed financing procedure be circulated to the Housing & Urban DevelolmBnt
ASsociation of Niagara (HUMAN) and other interested bodies for e~,e,ent. '
ORDERED on the motion Of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-law 82-71
No. 192 - Finance Cn~.,,~ttee - Re.. Pa~ent Of Peal EState C~,~,~ssic~s - Falls
Industrial Park Extension. The report rec~,i,ends that r~ change be made to the
City's policy respecting payment of oa,.~dssi~ls c~ the sale of lots ~n the Falls
Industrial Park Extension.
ORDERED On the motion Of Alderman Cumnihgs, seconded by Alderman Cheesman, t~at
the report be received and adopted, end a copy forwarded to the Niagara Falls
Business and Industrial Growth Agency Inc. C~rried' Unanimously.
No. 193 - Finance C~,l,~ttes - Re: Federati(m of Canadian Municipalities
Men~ership Fee. The re~ort rec~,.xends that the City's 1982-83 menkership fee in
the Federatic~ of Canadian Municipalities be continued and that Council approve
payment of the .~,~ership fee in the amount of $2,476.99. '
ORDERED c~ the motic~ of Alderman Fera, seconded by Alderman Cheesman, that the
report be received and adopted. Carried Unanimously.
No. 194 - Finance C~l,lttee _ Re: Canada Jaycees Advertisement. The report
recommends that the Council not approve participatio~ by the City in the form of
an advertisement in the Canadian Jaycees Publication.
ORDERED c~ the motion of Alderman cun~ings, sectaided by Alderman Dilte, that the
report be received and adopted. Carried Unanimously.
No. 195 - Finance Cca~,,.tttee _ Res Beautificetial of Cu~lningtal Square. The
re~rt reeca,ile~ds that the beautificatic~ of Cu~nington Square as suggested by
the Parks SUperintendant be a~roved by Council with the cost of improvemints '
and naintenance to be camidered as part of the Parks budget with possibly
recovery through the Ontario Neighbourbood Improvement Program.
No. 196 - A~-tin~ Administrator - Re: Municipal Accounts. The relx)rt reemlmmds
paNrant of the mmiciml a~ounts. ' ..
Additianal information ~as pxb~ided cn Cb, eclues #8812, 18853, t8989, #8841,
#8895, #8905, #8927, #8972, #8975, and #8992 in reslxlme to quasticlls raised by
Aldermen Cu~Lngs, Puttick and Schisler. .
It wms moved by Aldernun C~u,ings, seconded by AldernBn Chaseman, that
CJleque 18997 be withdrawn and referred to staff for further information.
Carried Unantnmusly.
It ~as then moved by AlderFen Oa~lngs, secalded by Alderman Dllta, that
L voting in law. ' ,-~ Cheque 18919, and all
-7-
No. 197 - Finance C~l,tdttee - Re: Sylvia Place Market Association Advertisement.
The report reoa~.~ends that Council approve a grant of $500 to the Sylvia Place
Market Association as participation in a co-operative advertising progranme of
the Sylvia Place Farmers Market for 1982.
ORDERED on the motio~ of Alderman Cunlnings, seconded by Alderman Fera, that the
re~ort be-received and adopted. Carried Unanimously.
No. 198 - Finance C~,.,~ttee - Re.. 1982 Conferences, Seminars, Etc. The report
reoa~ends approval of the sumk3ry of 1982 ce~ferences end oonventions for
attendance by members of Council, C~,,~,ittees and/or staff.
ORDERED On the motion Of Alderman Chee~nan, seccmded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 199 - Acting Administrator - Re: Maintenance Agreement with Otis Elevators
Niagara Falls MenDrial Arena. The report reoaaxends passage of a by-law to
authorize an agreement with Otis Elevator.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Chee~Pan, that the
report be received and adopted. Carried Unanimously.
No. 200 - Deputy City Clerk - Re: Application for Hawker and Pedlar Licence -
Michael Spano. The re~ort reea~t~ends that Council hear Mr. Spano's presentation
and determix~ whether or not it wishes to grant a Hawker & Pedlar Licence.
ORDERED on the ,~ion of Alderman Cunmings, seconded by Alderman Fera, that the
liceace be denied. Carried Unanimously.
No. 201 - Acting Aaministrator - Re: Terry FOx Memorial. The report advises
that a ~e~Drial ceremony will be held at 7:00 p.m. on April 13, 1982 to unveil a
plaque dedicated to the memory of Terry FOX end his Marathon of HOpe.
Alde~n~n Cheee~an noted that arrangements have been rode to have the new
Terry FOx ea,.,~morative stamp available at the City Fall cn the night of the
ceremony.
ORDERED On the motion Of Alderman Cunmd_ngs, seconded by Alderman Chessman, that
the report be received and filed. Carried Unanimously.
No. 202 - Acting Administrator - Re: Rebinson Street Reconstruction. The report
recu~ends passage of a by-law amending By-law 75-244, to provide for the
execution of an agreement of purchase and sale for the necessary ]ands.
ORDERED al the motira of Alderman Fera, seconded by Alderman Cunmings, that the
report be received and adopted. Carried Unanimously.
No. 203 - Acting Administrator - Re: Appointment of Weed Inspector. The report
re(xa~cends passage ef a by-law appointing V. Scaringi as the City's Weed
Inspector.
ORDERED on the motion of AldermBn Schisler, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
NO. 24 - CLt4v~GS - JANVARY - RESOLVED that the Serbien FoLk Arts ~,,,.{ttes be
granted penniesion to conduct a beer concessicn in cenjunaticn with their fourth
annual Serbian Open House on June 4th, 1982 at the St. George Serbian Orthodox
Church Hall, subject to the approval of the Niagara Regional Police, the Niagara
Falls Fire Depai-h,ent, the Niagara District Health Unit end the Liquor Licensing
Board of Ontario; AND the Seal of the Corporation be hereto affixed.
Carried Unan/mouslX
ORDERED an the motion Of AldexYen Dilts, seconded by Alderman Cumtngs, that
leave be granted to introduce the follawing by-laws, and the by-laws be read a
first timex
No. 82-69 - A By-law to amend By-iaw No. 79-200, as amended. (AM-4/82)
NO. 82-70 - A By-law to authorize a rel_~_.se.
No..82-71 -A By-law to authorize a subdivisian agreement with 488745 Ontario
Limited (Dorchester Vill,~.e Plan of Subdivision).
No. 82-72 -A By-law to authorize sn~,with O~is, Elevator C~,pany
=: ,nimifai. '
-8-
NO. 82-73 - A By-law to amend By-law No. 75-244 to authorize the acquisition of
land for highway pur133ses.
No. 82-74 - A By-law to appoint a Weed Inspector.
No. 82-75 - A By-law to authorize a release With Nick Zitano, In Trust.
No. 82-76 - D~..~r~u
No. 82-77 - DRL.:r~2D
NO. 82-78 - A.By-law to provide ramlies for general purposes.
Carried With Alder-
men Baker & Janvary
82-75, Aldermen
Chees~an and Fera
abstaining on 82-78,
and all others
voting in favour.
ORDERED On the m~tiOn of Alderman Cu~nings, seconded by Alderman Somerville,
that the following by-laws be Ix3w read a secald and third time:
No. 82-68
NO. 82-69 - A By-law to amend By-law No. 79-200, as amended. (AM-4/82)
No. 82-70 - A By-law to authorize a release.
NO. 82-71 - A By-law to authorize a subdivision agree~_nt with 488745 Ontario
Limited (Dorchester Village Plan of S%,~aivision).
No. 82-72 - A By-law to authorize an agreement With Otis Elevator C~xF~ny
Limited.
No. 82-73 - A By-law to amend By-law No.75-244 to authorize the acquisitic~ of
land for highway purposes.
No. 82-74 - A By-law to aE~oint a Weed Inspector.
No. 82-75 - A By-law to authorize a release With Nick Zitano, In Trust. '
NO. 82-76 - DRL.:r~U ~
NO. 82-77 - Dm'.,.~rr.~D
.No. 82-78 - A By-law to provide ,,unte8 for general purposes.
Carried with Alder-
mm Baker & Janvery
voting omtrary c~
82-75, Aldermen
Cheesman and Fera
abstainin~ on 82-78,
and all others
voting in fa~3ur.
Alderman Oa~i,~ng8 advised that a public meeting would be held at'the CORE
bltlding o~ Victoria Aveflue off April 7, 1982 at 8x00 p.m. to discuss the
possible estblishn~nt of safe Jogging ereas.
A'x'x~mll~CE OF STAFF AT COt~CIL M~x']!qGS
Aldei],nn C~tncjs requested that Deperm~t Heads cr i~presentatives f~.
each City department attend all C~ncil and C~,.,~ttes mee~je in the ~uture.
The a~cing administrator indicated that he had instructed all ~m~m~fcs to
have a re~fesentative in attendance Whoever that departm~t has an item under
ccesideratim at a meeting. AIdera OJmtngs felt that staff should be ~n
atteldance at all meetings, regardless of Whether they have an item m ~he
-9-
SEJNK PRORf.~ ON CA~0LYN AV~3E
Alderman Puttick advised that he had ~ceived a cc~plaint from a resident
on Carolyn Avenue ooncerning skunks from the Hydro right-of-way that are
bec~g a nuisance to residents. It ~as mDved by Alderman Puttick, seconded by
Alderman C~gs, that the Acting Administrator be directed to contact Ontario
Hydro regarding the problem. Carried Unanimously.
Regional Councillor Sherar referred to a oreplaint raised by Alderman
Kerrio concerning the cc~ditifxl of a railway crossing on Lundy's Lane, and
advised that repairs had been carried cut during the winter which had not been
satisfactory. Once hot mix asphalt was available, the necessary repairs would
F.C.M. PUBLICATION RE: PART TIME
Alderman Puttick referred to an article in a recent F.C.M. publication
concerning part-time en~loyees and requested the Acting Administrator to obtain
more facts On the matter.
SAFErY OF AM3S~rF RIDES
It %BS moved by AldenTen Ckmmtings, seconded by Alderman Chees~an, that the
totter be referred to staff for a report. Carried Unanimously.
It was moved by Alderman Puttick, seconded by Alderman ~gs, that the
meeting adjourn to C~,a~.~ttee of the Carried Unanimously.
BRIAN ACTING MAYOR
C~,~,ittee Rrxln #1
April 5, 1982
Oouncil mt on Mofrlay, April 5, 1982 in C~,,lattse of the Whole, following a
regular meeting. All members of Council were present with the exception of
Aldermen Kerrio, 0rr and Mayor Thomson. Alderman Se~e~ville presided as
Following consideration of the items presented, the Conmittas of the ~hole
arose withcut reporting.
Council rec(mvened in forrml session m Monday, April 5, 1982, following a
meeting in C~,.,attes of the Whole. All menbets .of Council were presee~t, with
the exception of Aldermen Kerrio, Oft and Mayor Thcmsc~. Aldernmn Merrett
presided a~
The meeting adjourned.
RFAD A~) ADOPi~zu,
- 10 -
Council Chambers
April 13, 1982
SPECIAL M~I~rIIgG
Council met on Tuesday, April 13, 1982 following a brief General Co~ittee
session. All members of Council were present. His Worship, Mayor Thc~son
presided as (~j_vman.
RATIFICATION OF G~qERAL CO~{~I'rf~:F. DECISIONS
Report No. 204 - Acting Administrator - Re: C.S.C.P. Garden Plots. The report
reds that Council approve an expenditure of $6,400 to install water lines
and faucets at the Municipal Garden Plots Of which $4,800 (75%) is provided by
C.S.C.P.
ORDERED On the motion of Alderman (~nee~nan, seconded by Alderman ~gs, that
the report be referred to the Finance Cum.~ttee for consideration. Carried
Unanimously.
~aport No. 205 - Finance Co~nittee - Re: Cost of Lighting Oakes Perk and Ker
Park. The report recumends that the cost of lighting to each team using Oakes
Park and Ker Park be increased from $8.00 to $10.00 per evening.
ORDERED on the m3tic[1 of Alderman Cheem~an, seconded by Alderman Cunmings, that
the report be received and adopted, subject to a review of actual oDsts being
carried out ann-~!ly. Carried Unanimously.
Report No. 206 - Acting Administrator - Re: Quotations for Rental of General
Purpose Equipmint. The report reoamends that the schedule of rental rates for
general purpose equi[ment be used s~av~ing with the lowest rental rate for
equiiammt available and suitable when required for City operations.
ORDERED on the motion of Alderman Chees~an, seconded by Alderman ~gs, that
the report be received and adopted. Carried Unanimously.
Report No. 180 - Acting Administrator - Re.' Ontario Dcwntfx~n RedeveloTment
Program Appliction - Market Study Update. The report recu,,,ends passage of
by-laws authorizing agreerents with Patrician Land Corp. Ltd. (Primesite
Develolrents) and Larry Smith & Associates Ltd. for the subject study update.
ORDERED on the ~C~Lion Of Alderman (~eem~an, seconded by Alderman Curm~ings, that
the report be received a~d adopted. The motion Carried with Alderman Puttick
voting eDntrary, and all others voting in favcur.
Report No. 207 - Acting Administrator - Re.. Social Planning Council Study on
Vandalien. The report rec~i,ends that the Vandaliron Study prepared by the
Social Planning Oouncil be further considered at the May 10th, 1982 General
Ommattee Session, and ~hat those organizations that have submitted c0mmmts on
the study, be invited to attend the meeting.
ORD~{ED on the motion of Alderman Chee~n, seconded by Alderman Cunmlings, that
the report be received arr] adopted. Carried Unanimously.
C~aL.Lunication No. 120 - Volunteer Bureau - Re: Volunteer Week, April 24 - 30,
1982. The oa~municatiun..requests that the week of April 24 - 30, 1982, be
proclaimed as Volunteer Week in Niagara Falls.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman C~.LjagS, tllat
the request be approve] subject to established policy. Carried Unanimously.
Report No. 208 - Municipal Works Cu~,Lattee - Re~ Track Retirement - Buttrey
Street Spur Line. The report rec{a,.,ends that the request of Canadian National
Railway for a letter of authorizatim stilmalating that there are no objections
to the [~ysical removal of tracks fren Buttrey Street, in accordance with
suk~nttted c~eratir~ diagram, be approved by Council.
ORDBRED on the i;o~ion of Aldezr~n Chee~an, seconded by Alderman Cham~ngs, that
the report be received era adopted. Carried Unanimously.
~,.,unicetion No. 121 - Mr. G. Un~aro - Re.' Formula Fun Centre, Lundy's Lane.
The ~,.,unicatim advises that the subject project is being withdrawn due to
abjectices of erea residents.
0RD~RED ~a the motiffa Of Alderman (~ee~mB~l~ seccl~ded by Alderm~n C~a.aangs, that
the ~,,,unieatic~ be received and filed. Carried Unanimously.
BY-L~B
OP4BRED O~ the motion of A~dermm] Dilte, eec(mded by Alderrash Baker, that leave
be granted to introduce the following by-laws, and the b~-laws be read a first
82-76 - A By-Xaw to author .~e an agreeemt with Patriatan Land Corporation
M~ited.
No. 82-77 - A By-law to authorize an agreement with larry Smith and AssOciates
Carried With Alder-
contrary, and all
others voting in
fayour.
ORDERED O~ the motio~ Of Alderman Cunmdngs, seconded by Alderman Merrett, that
the following by-laws be now read a sec(md and third time:
No. 82-77 - A By-law to authorize an agreement With Larry Smith and Associates
Limited.
Carried With Alder-
contrary, and all
others voti~3 in
fayour.
******
It ~as moved by Alderman Cheesman, seconded by Alderman Baker, that the
meeting adjourn to General Oa~x~i.t~te~ .saession. Carried Unan/mously.
NOTE: Alderman Janvaz7 retired fren the meeting.
Council Chambers
April 13, lge2
Council reco~vened in formal sessim on Tuesday, April 13, 1982, following
a General C~,i,,]ttee session. All members of Council were present With the
exce~on of Alderman Janvary. ' His Worship, Mayor ~ presided as
RATIFICATION OF ~ O~41'x-rzz EMCISIONS
Report No. 209 - Acting Adaninistrator - Re.' First Review - Walkways to Remain
O~en. The report rec~,,,er~s that Council determine the actira to be taken with
respect to the opening end/or closing of certain walkways.
O~u~/{ED (M% the motien of Alderman Puttick, secoraed by Alderman Fera, that
Walk~By #80 f~,~ Bell Crescent to Willoughby Drive remain Open. The m~tion
Carried With the following vote.'
A~Es Aldermefi Fera, Baker, Merrett, Orr, Puttic. k, Schisler, Farrio and
Sca~-erville.
NOTEs Alderman Dilts abstained 'fr~n voting c~ a conflict of interest.
ORDerED off ~he m~tio~ of Alderman Orr, seconded by Alderman Fera, that Walkways
~81(1) free ~arleyford Crescent southeasterly to Corry Cree~elt and ~81(2)
Ra~elJe sou~]Mmsterly to Ares COurt, remain o~en. ~he motio~ Carried With the
following votel
AYEI Alderme~ Fera, Bsker, Merrett, Orr, Puttick, 8chisler and Somerville.
NOTEl Alderman Dllts abstained frum ~ c~ a c~mflict of interest.
O~DM~D c~ the ~o~3.ce~ of Alderm~n Marrett, esem~ed by Alde~,.n Puttick, that
Wal]~B J32(2) ~e ~hled 8r~ that etaff be instructed to investigate ~
~lity of erec~ a fence aXc~ ~he~mlk~y. T~e nDt~m Carried with
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AYE.' Aldermen Cheesman, Dilts, Fera, Baker, Merrett, Puttick, Schisler,
Kerrio end Scmerville.
NAYE: Aldermen Cum~ngs and Orr.
ORDERED on the m3tion Of Alderman Puttick, seconded by Alderman Kerrio, that
Walkway #14 be tabled for further information. The motic~ Carried with Alderman
Cummings voting contrary, and all others voting in favour.
Report No. 210 - Anting Administrator - Re: Minor Variance Application A-9/82,
Fado-Mat Holdings Ltd., 6408 Stanley Avenue. ~e report recommends that Council
appeal the decision of the C~m~ttee Of Adjustment to approve the subject minor
variance application.
ORDERED On the motion Of Alderman Cheesman, seconded by Alderman Merrett, that
the matter be tabled for ore week and referred to staff for a further report at
that time. Carried Unanimously.
Alderman Cneesman referred to periodic notices the Council receives
regarding workshops o~ contract administration, cost of collective agreements,
etc., and suggested that at scree t/me in the future, Council consider the
possibility of authorizing the attendance of an alderman at one of the
workshops.
MRATIVE 'I~KRY FOX STA~e
Alderman Cheesman submitted a City envelope ~earing the Niagara Falls
cancellatioa on the new Terry Fox oa,.~e~orative stamp ce its date of issue, to
be placed in the special album presented to the City by Post Office officials at
the anveiling ceremony of the Terry F~x plaque at the City Hall.
MINOR VAR/ANCEA-16/82, M. PAS~I'iO, 7241I/A~DY'S LANE
Alderm~n Puttick advised that it had ~ to his attention that the owner
of the property which is the subject of Minor Variance A-16/82, had already com-
meD~ed construction of the project for which he made application to the City for
a minor variance. The Alderm~n indicated that he had spoke~ to the Planning
Director and a request had ~een sulm~itted to the C~l~l.~ttee of Adjustment to
table the applicatice pending additional information. It was moved by Alderman
Puttick, sec(~lded by Alderman Orr, that the matter be referred to staff for the
preparation of a report. ~ried Unanimously.
~'x'~IC CONVERSION
Alderman Merrett indicated that he would be presenting a resolution to
Council at its next meeting regarding metric conversion.
Alderman Oanmlings .urged ,c~,a~ers of Council and staff to attend the Niagara
Follies fund raising event to be held at N.F.C.V.I. on April 16th a~d 17th,
1982. '
Mayor Th~-~an referred to the problem of existing walkways in the City, and
thoee which Oouncil had determined should retain open, and suggested that e ccm-
mittes should be established to review possible action the City could take to
alleviate the o~,,~,laints by adjacent residents concerning vandalien and
loitering. ~he Mayor felt the City had a responsibility to attempt to resolve
these c~a~lainte and maintain the walkw~ys as much as possible. It was moved by
Alde,~i-~n Cheem~an, seconded by Alderm~n Baker, that a ~xa~.,.~ttee he established
of members of Council, staff, the Niagara Regie%al Police, Fire Depar%ment, and
the 8ocial Planning Council to further study the matter of walkways. Carried
Unan~f~usly.
Aldermen Dilte, Fera and Orr offered to serve as the Council representa-
tives c~ the ~a,.,ittee. Regional Councillor S~erer suggested that the Regi0rml
MM3 office my be able to .~X~vide s~(~ input on the matter.
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It was moved by Alderman Puttick, seconded by Aldernkln Baker, that the
meeting adjourn. Carried Unanimously.
FOURrEIa~fH ME~-rING
(3iM~iT.'.:~.' OF THE MiOLE
Conm~ttee Room #1
April 19, 1982
Council met on Monday, April 19, 1982 at 6:30 p.m. in Conmittee of the
Whole. All members of Council were present. Aldermmn Cheesman presided as
Following consideration of the. i~raesented, the Conxaittee of the Whole
arose without reporting.
Council Chambers
April 19, 1982
Council met on Mcelday, April 19, 1982 at 7:30 p.m. for the purpose of
considering general business. All nmmbers of (buncil were present. His
Worship, Mayor Th~ucxl presided as Cb~Len. Alderman Chsesman offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the ,~otion Of Aldei]c~n ~gs, seconded by Alderman Baker,
that the minutes of the meetings held on April 5th and 13th, 1982, be adopted
as printed. Carried Uely.
~ ~HEDIA Pi{ODUCTIC{qS - CUSTOM VIDHD TAPE PI{DGRAF~
Mayor 'ihrace,m e~3ressed cu~ern that while an invitation had ~_--~ extended
to the Chamber of C~,,,erce, the Downtown Board of M~nagement, the Niagara Falls
BUSiness and Industrial Growth Agency and the Niagara Falls Visitor & Co~vantion
Bureau to View the video presentation, there were no representatives of these
agencies in attendance.
Mr. W. Peckham of ~ Media Produticns indicated that the agencies had
seen the particular program that would be shown to Ccun~_il. With respect to the
pro~-~, to be shown, Mr. Peckham explained that it had keen prepared for the
City of St. Catharines and was USed nDstly for indUStrial develu~aLent. Mr.
Pede2m felt that if a similar ~ugram were prepared for Niagara Falls, it would
be used for pr(mDticn of the tourist industry as well as industrial develu}a~ent.
The St. Catharinas pro~zan was played for the Council. Mr. Peckham explained
that a program of approximately twelve to thirteen minutes could be prepared for
Niagara Falls with edited versicne that could be used for tourism and industrial
develoH~e~t. It was also pointed out that many of these programs are used as
filler mterial by various television stations, reaching a significant
viewership. Mr. Peckham advised that the cost of the program would be $1,2~0
per finished minute, plus Provincial sales tax, and that on-camera talent w~s an
additi~ml cost.
Mayor Tha,~on suggested that the City could investigate the [Dssibility of
having this video program prepared Jointly with such agencies as the Chanter of
Cc~erce, B.I.G. Ageficy, D~mtcwn .Board, etc.
{ii!
{{
Following further discussion, it was i~ved by Alderman Cumnings, seamtied
by Alderman Chessnan, that ~he totter be referred to staff to determine the
coets involved, and ~Dfk with various interested agencies regarding the
Possibility of a co-operative vefiture, and that the results of this investiga-
ticn be reported back to Council. Carried Unanimously. ~
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UNFINISHED BUSINESS
PRfX2E~3RE FOR NAMING PARKS
Report No. 211 - Civic Month C~,.{ttee - The report reea,l~ends that Council
adopt the criteria suggested to be used in determining appropriate designation
of park lands.
Mayor Thcmson provided additional information in respcnse to a question
raised by AldeA,,nn Cunmlings.
ORDERED on the mDtion of AldellPan Merrett, seconded by Alderman C%mmnings, that
the report be received and adopted. Carried Unanimously.
TOURISM STUDY
Report No. 212 - Mayor ThC~BCn - The report recu,.,ends that the Advisory
Cu,.{dttee established to conduct the Parking, Traffic and Tourism Study be
confirmed as an interim coordinating c~,llattee.
ORDERED on the motion of Alderman Morrett, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
C.W. PALMERPA~K-Y.M.C.A.
Report No. 213 - Finance Committee - The report reea:,,ends that Council suk~it
to the Y.M.C.A. an Offer to Purchase C.W. Palmer Park for 50% of the aEnunt
presently in the park reserve fund which at the present time is estimated to he
$227,593.00, said offer not to exceed the amount of $110,000.
Mr. O. Kirkham of the Y.M.C.A.. was granted permission to address Council
on the motion of Alderman Cunmings, seconded by Alderman Cheesm3n. Mr. Kirkham
stated that the approach taken by the Finance C(mmittee with respect to the
purchase of the park, was to use 50% of the monies in the park reserve fund.
Mr. Kirkham requested that Council approach the matter in a business ~_.~on,
and consider an offer based on tim appraisals carried out.
Considerable discussion took place on this matter, during which il~{~ers of
Council e~pressed their views on the prcfxleed acquisition, the need to provide
park facilities in this are, the expenditure of funds f~u the park reserve
account for the acquisition, a~ the future maintenance of the park. Metabets of
staff provided additicel information in reslxmse to a nm~er of questions
raised.
Following further ~,,,ent, it was moved by Alderman Cummings, seconded by
Alderman Kerrio. that the report be received and adopted. The nDtion Carried
With the following vote:
AYE.. Aldermen Chees~an, C~..lngs, Fema, .Baker, Janvary and Kerrio.
NAYE= Aldeii,~n Dilts, Merrett, ~Puttick, Schisler and Sc[nerville.
Aldei~,~n Orr declared a conflict of interest and
abefR~ned frc~ the disc~ssim a~d voting c[1 this
totter.
No. 122 - Pc~ntc~n Board of Managerent - l~a= P~utional Events on Queen Street.
The ua,,,unication requests permission to use Centennial Square for the following
evente, 1) Bands every Thursday night in July and August; and 2) Ethnic grouse
every Saturday fren Jur~ to SelM~i,~er.
ORDERS) On the ~lon of Aldek~,~n Dilts, seconded by Alderman Ctmmings, that the
c<a,.,unication be referred to staff for the preparation of a ~-e~ort. Carried
U~an]m0usly.
NO. 123 - Alderman J. F~to - Re.. Flc~ lane Mapping. The ~a,,,unicatim brings
certain emments regarding floo~ line mppfix~ to the artentire of Council.
O~DERED o~ the motic[~ of AldenTen Fera, seconded by Alderman Kerrio, that the
~,.,~,nioatim be received a~d filed. Carried Unaninmusly.
NO. 124 - Ministar of Munieil~l Affairs - Rat By-laws 82-27 and 81-245. T~e
cu~.~unicatic[l advises that al~ h~s besn granted to By-laws 82-27 and 81-245
ree~ing the establi[~ht of the Niagara Falls City Ce~tre Redevelulatet
Area. '
-3-
No. 125 - Heart NiaVara - Re: Fund Raising Events. The cc~municaticn requests
that Council particxpate in a "Celebrity Dunking Game" as part of fund raising
events at Maple Leaf Village on April 24th and 25th, 1982.
ORDERED on the motion Of Alderman Cummings, seconded by Alderman Fera, that the
cu,,,unication he received ara filed, and as many menbets of Council as possible
participate. Carried Unanimously.
No. 126 - Welland County Prren Catholic Separate School Board - Re: Surplus
Property. The cul,~unication asks if the Municipality is interested in
purchasing certain lands declared surplus to the needs of the Board.
ORDERED On the motion of Alderman Chmnnings, seconded by Alderman Somerville,
that the cu~,lunioation be referred to staff for the preparation of a report.
The motion Carried With Alderman Fera abstaining on a conflict of interest, and
all others voting in fayour ....
No. 182 - Acting Administrator - Re.' kM-3/82, Famous Players Realty Ltd. (c/o
Pyramid Place}. 5400 Robinson Street. The report reculuends approval of the
subject application to pannit mechanical type amusement rides or devices Within
an area presently being used for parking by patrons of Skylon Tower, Pyramid
Place and the Imax Theatre.
The Planner II indicated that he had received a verbal indication from the
Ministry of Environment that there would he certain locations that could expect
an increase in P~ise frcm the proposal, basically motels in the izrBdiate area
and scme of the homes on the west side of Buchanan Avenue. The Ministry felt
that the increase in noise %Duld he marginal, and in light Of that information,
the Planner II suggested that Council consider the application further. The
Ministry had been asked to su~t its culm~ents in writing, and it was suggested
that if the information received fren the Ministry was found to he contrary to
the verbal information given, the matter could he brought beck to Council.
Mr. J. Broderick. solicitor for the applicant. provided additional
informatim on the application in response to a number of questions raised.
Mayor Thomson stated that there had been sine suggestion that this matter
was similar to the ferris wheel proposal at Maple Leaf Village. The Mayor
pointed CUt that this partiCUlar application was being processed according to
standard procedure, and there had .n~.v_ea~...been any atte[pL to withhold information
fr~n either Council or the public.
Following further ~,,,emt, it was moved by Alderman Orr, seconded by
Alderman Schisler, that the report be tabled pending receipt of written ccFm~nte
fr~n the Ministry of Environment. The motion was Defeated with the following
AYE= Aldermen C~.la3~gS, Orr ~ Schisler.
..N~E= Aldermen {hee~en, Dilts, Fera, Baker, Janvary, J~errstt, .Puttick, Kerrio
and Se~erville.
It was then moved by Alderman Fera, seconded by Alderman Chea~an, that the
report be received and adopted. The motion Carried With the following vote=
AYE= Aldermen Cheesman, Dilte, Fera, Baker, Janvary, Merrstt, Puttick, Karrio
and Somerville.
~__~__.. Aldermen c~.,angs, Orr and Schisler.
Holdings Stanley Avenue. The report rec~,~,ends.. 1) That Mr. Matovic
and his legal representative be informed that they are advised to take stel~ to
bring the application and the Cc~nittee of Adjustment decision yah a proper
legal basis through gansultation with the C~,.,dttee of Adjustment{ and 2) That
an appeal to the C~,.,.:t%ee of Adjustment dealsion be loged in view of the fact
the applicant intends to provide required parking off-site on leased land.
In response to a question raised, the A~dmg Administrator advised that if.
the decision of the (la,,,.tttee of Adjustment were allowed to proceed, there was a
legal question whether or not the aX~li(mnt ~)uld be able to ge~ a lmilding
permit. In order to resolve this concern, it was being suggested that the
a~plicant ~o back to the C~,,l.',ttee of AdJuet~B[%t.
rel~rt be received and ad~pted. Carried Unanimously. ' '
No. 2]5 - A~ttng Administrator - Re[ Request for;. Release, Lot 239, Plan N8-22,
-4-
6176 Monterey Avenue. The report rec~aL.,ends passage of a by-law to authorize a
release of Lot 239, Plan NS-22 fLun the provisions of a suh]ivision agreement
between the City end Klydel Holdings Incorporated dated November 1st, 1972 and
registered as Instr~nent No. 176349.
ORDERED on the motion of Alderman Cumings, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
No. 216 - Acting Administrator - Re: Request for Release, Lot 271, Plan NS-22,
6187 Kirklend Drive. The report reoamends passage of a by-law to authorize a
release of Lot 271, Plan NS-22 frcm the provisions of a subdivisio~ agreement
between the City and Klydel Holdings Incorporated dated Novenber 1st, 1972 and
registered as Inset No. 176349.
ORDERED on the m3ticel of Alde~.nn Cummings, sec(mded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
No. 217 - Acting Administrator - Re: Splashguards c~ Weightman Bridge. The
report reoa~ends that the quotaticn submitted by Tc~y Arcaro Welding in the
amount of $3,210.00 for rapa{re to the ,splashguards c~ Weightman Bridge, be
accepted.
ORDERED on the l~Dtio~ of Alderman Dilts, seconded by Alderman Fera, that the
report be received a~d adopted. Carried Unanimously.
No. 218 - Acting Administrator - Re: 1982 Tree Planting Pro~L'~m, Cfmtract
T.P. 5-82. The report reo~.lends that the unit prices sukmlitted by Gauld
Nurseries be accepted by Council.
ORDERED On the i~hiOn of AldenTen Dilte, seconded by Alderman Fera, that the
report be received and ~.a~. Carried Unanimously.
See ResolutiOn #25
No. 219 - Acting Administrator - Re.. 1982 Tender for Supply & ApplicatiOn of
Traffic Marking Paint. The report reccmmBnds acceptance of the tender eakmitted
by Mode White Lines Ltd. for supply and applicatic~l of traffic Eking paint.
Ald~,~n Baker raised a questiOn respecting the low tenderer's ~uperty. in
the Falls Industrial Park, and asked if the property had ever bee~ brought into
celformity with the covenants contained in the deed for this lot. Gefleral
informatiOn en the m~tter was provided, however it was suggested by the Mayor
that the matter be considered under new basiness.
ORDERED On the i~u~iOn of Aldermen Dilts, sec~lded by Alderman Fera, that the
report be received and adopted. Carried Unaniml~ly.
See ResolutiOn #26
NO. 220 - Acting Administrator - Re.. Tendere for Hydraulic Cleaning of~ Sewere
and Culverts, and Televisicm insE~-~_iOn of Sewers - 1982. The ~port rec~,i,~nds
the acceptance of teadare by Bob Robinson Construction Limit-a and Superior
Sewer Services Limited for 'the hydraulic cleaning of sewers and culverts,
the T.V. inspectio~ of sewers, respectively.
~_cc ReSOlutiOn #27
NO. 221 - ~-tin ~rlministrator - Re~ Contract G.C. 6-82, U~derground Services
abe ~ co ~t~. ~ct, and that '''
'r, he plan of subdivision.
-5-
Coordinator of Ca,.,unity Programs for any supplementary grass cutting service
on the playing site of schcol practice fields.
ORDERED on the mDti~n of Alderman Cunmings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
No. 224 - Municipal Works Oa,,,attee - Ra: Rearyard Grading Inspectic~ (1) Monroe
Subdivision, Plan M-18; (2) Bonnie SubdivisiOn, Plan M-70. The report
recumends that the Treasury Department proceed with the final accounting in
these subdivisicas.
Alderman Chee~nan felt that the cwners of lots in these subdivisions who
have not followed the advice of the City with respect to lot grading, should be
formally notified of the City' s cpinio~l c~ the status of their lots, and that
this info~,ntic~ be kept o~ record if at any time in the future the City is
asked to resolve a drainage problem in the area.
ORDERED on the motiOn of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 225 - Municipal Works C~,,attee - Re.. Shriner's Creak Project - Control Dam
Access Road frem Thorold StOne Road. The report reea~uends that the City
indicate it has no objectiOn to the owners of lands north and west of lends
owned by the Niagara Peninsula ConservatiOn Authority project north of Thorold
Stone having access to the NPCA access road, providing a suitable roadway is
constructed frem the individual owner' s lands to the access road at his expense
and that this roadway be maintained at the ex~enes of the owner of the private
lands; further that all costs to the Niagara Peninsula Conservation Authority
that might result frcm the request, be absorbed by the cwners of the land north
of the Authority' s lands.
In response to a questiOn raised by Mayor Thc~son, the Director of
Municipal Works advised that the request was received frc~ Mr. Lebevic to have
access to his property through the ConservatiOn Authority property. Since the
City has been involved in e~propriatiOn proceedings with Mr. Lebovic, Mayor
Th~so~ felt the m~tter should be deferred temporarily.
0RDE~ED On the nDtiOn of Alderman Cun~ings, seconded by Alderman Kerrio, that
the report be f~bled. Carried Unanimously.
No. 226 - Municipal Works Oa~,l.~ttes - Re: City of Windsor re.' Air Pollution.
The report rec~,.,~K~s that the City endorse the resolutiOn of Windsor which
opposes a proposed revisim to the Clean Air Act as. outlined in Bill 5252 of the
United States House of Representatives.
Alderman CheemT. an questic~ed how Council could eldorse the resolutiOn,
since it had Only been given a summrf of the proposed legislatic~ and not
the actual legislatiOn itself. For this reasoel, the Alderman felt that Council
could not determine if the revisions would actually weaken the Clean Air Act.
FrOn reading the s~.,e~vT, Alderman Chee~ln felt the suggested revisiOn could be
considered more as fine tuning of the existing legislation.
Following ~r ~ent, it ~as moved by Alderman Orr, sec(mded by
Alderman Kerrio, that t~e report be received and adoFLed. The ,,o~im Carried
with the follc~ring
AYE: Aldermen Cu~mlings, Baker, Janvary, Merrett, Orr, Puttick, Schisler,
Kerrio and S(m~/~rille.
~__~__: Alde Cheesman, Dilts and Fera.
above contract, and that the contract be merded subject to the registration of
.~ ,., rec~,.~.nds that the City's annual rubbish campaign ,..x:az,~ence On May 24th, 1982
No. 222 - Munici~l Works Ccr~nittee - Re~ Rental Relewal for Easem~ flea, * advertising of this campaign. · :
Ontario Hydro to Ac~,,,ate 66" Tnmk Sewer in Lot 57, City of Niagara Falls. In response to a questiOn raised by Aidefinn Schisl~, the Director of
i Falls Jess to pay for an easemm~t for the subject facility in the ~ff~nt of 0:inMunieipal Works Jadiceted that advertising would be arranged for those residents
i $370.00 ~er ainure, plus 50% of realty taxes. Cryland who do not receive the local newspaper.
No. 223 - FAmici 1 Works Ca,,~.:ttee.- Re, Grass Cutting m Sc~mol Grounds. The No. 228 - Municipal Works O~,,,.ittee - Re, 1982 Asphalt Overlay Program, 1982
me~t Budget ~o be adminietere~ b~ the Co-crdinator of Cc~manity ProgramB cr his $ide~lk Repair Program by City Foroes. T~e report reco~s that Council .
i( authorize staff to call tenders for t~e 1982 asphalt overlay p~'o~am, the 1982
~ alternate,' for supplemmtax7 grass cutt/ng services c~ the playing sita ~11y of
, ,,: sidewalk re~air progrsm and the 1982 surface ~rea~ment program~ ara that Council
-6-
side~lk repair work by City forces, to a maximan of one-half the proposed
currant budget allocation until such time as the budget is ar43roved.
ORDERED On the motion of Alderman Orr, seconded by Alderman Scmerville, that the
report be received and adopted. Carried Unanimously.
No. 229 - Municipal Works Caunittee - Re.. Stanley AvenueSalley Way Intersection
Land Disposal. The report reoaL.lends: 1) That the City anter into an
appropriate agreement with the owners of the industrial mall located at the
southwest comer of Stanley Avenue and Valley Way for the sale of surplus
property now owned by the City subject to certain conditions; 2) That the City
dedicate free of charge to the Regional Municipality of Niagara a 10' right-of-
way along the west side of Stanley Avenue over the lands under consideration; 3 )
That the City retain a land surveyor to establish a pLuper legal description for
the part of Valley Way to be stul&ued up and closed after the agreement has been
executed; and 4) That the City initiate the necessary rezoning items after the
execution of the above mentioned agreeheir.
The Director of Municipal Works provided additional information in respoase
to a nunher of questions raised on the report. With respect to the traffic
signals, the Director of Municipal Works indicated that the signals ~Duld not be
operational until the construction was cc~pleted.
Alderman Cunmtngs expressed ccmcern over the grade of the roadway on Valley
Way approaching the intersection. The Director of Municipal Works indicated
that the base asphalt presently in place, was there for the grade of the
roadway. While the tender for the remaining work was scheduled to close
shortly, the Director of Municipal Works indicated that he ~Duld check into
this matter.
ORDERED on the J,u~ion of Alderman Dilta, seconded by Alderman Cunmings, that the
report be received and adopted. Carried Unanimously.
No. 230 - Municipal Works C~,,~ttee - Re: Watermain on Brown Road and Garner
Road. The report rec<a,.~ends that: 1) the City agree to pay the cost of
oversizing for a waterm~4n installation on ~ of Garner Road end Brown Road to
allow the installatic~ of a 12" diameter watermain; 2) that the City finance its
share of the cost (i.e. oversizing) fr~. the Industrual Watermain Accouatx and
3) That the City fix Cyanamid Canada's share of the watermain installation at
$195,500.00.
ORDERED on the nution of Alderman Kerrio, seconded by Alderman CheesEan, that
the relx)rt he received and adolYced. Carried Unanimously.
No. 231 - Acting Administrator - Re: 1982 Tenders - Grass Seed and Sod. The
report recu,.,e~ds the acceptance of tenders by F.R. Smith Seeds for gr~ss seed
and Young Sod Supply for sod.
ORDERED on the i,~l,3.on Of Aldezman Ctmtuings, seconded by Alde_rlnan Baker, that the
report he received and adopted. Carried Unanimously.
See Resolution #29
No. 232 - Finance c~,.,dttee - Pet Lions Club Cceplex Sign. The report
recapends that the City participate in the Farchase and erection of a sign at
the Liam Club c~tFlex as a ~int venture of the City of Niagara Falls and the_
Niagara Falls Lic~s Club, at a nmxinum cost to the City of 50% at an ~ 1/mit
of $500.
ORDERED on the motion Alderman Cummings, seeaided by Aldetr~ul Merrett, that the
report he received and adopted. Carried Unanimously.
No. 233 - Finance C~m~lttee - Re.. ~hercjy C0xmervation Measures at City Hall.
report re(wa,.t~d2 that the material regarding enel~ 'co~servation measures 'at
City Hall he received for informational purposes.
ORD~D on the motion of Aldernan Fera, seconded by Alderman Cummings,. that the
report be received and filed. Carried Unanimously.
Wo. 234 - Finance C~,.,attee - Re.. Niagara Sym~lc~y Association. The report
re~,.,=nds that Council decline an operating grant in the awerot of $5,000
requested by the Niagara SMmphofiy Association.
Aldenran (~mmings indicated that the Association presently receives e grant
Of 81270 throu~ 'the Recreation Ca,i,.|ssion for instructional programrues for
child~-ea~, and the dectsim of Oounull!in this totter %ould xlot affect that
grant.
Aldermex Jenvary and Puttick indicated ~hat t~e cause ~as very warthWhile,
and Cam~il should amsider providing an oZmrating. grant to. the .Associatiaz,
-7-
Mayor Thomson indicated that the ASsociation would be making direct
representation to the Finance Conmittee, so that COuncil would likely be deeling
With the matter again.
It was moved by Alderman PUttick, seconded by Alderman Cheesman, that the
report be tabled and referred beck to the Finance C~,,,~ittee for further
consideration. The motion was Defeated with the following vote:
AYE.. Aldermen Cheeeran, Janvary, ~'['tick, Somerville and Mayor Thc~son.
e: Aldermen Cummings, Dilta, Fera, Baker, Merrett, Orr, Kerrio and
Sehisler.
It was than moved by Alderman Orr, seconded by Alderman Kerrio, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Cuegs, Dilte, Fera, Baker, Merrett, Orr, Kerrio and
Schisler.
NAYE.' Aldermen Cheasman, Janvary, PUttick, So~Brville and Mayor Thcxrson.
No. 235 - Finance C~.,.~ttee - Re.. Niagara Falls Union Centre. The report
reea~i~nds that COuncil not accede to the request of the Niagara Falls Union
Centre for a grant in lieu of taxes.
Mayor Thcrmon indicated that the Union Centre was in deep financial
difficulties, and would accept a ale-tinB grant to help get then out of this
situation.
It was moved by Aidemen Dilts, seconded by Alderman Kerrio, that the
report be received and adopted.
It was then moved by Alderman Cheesman, seconded by Alderman Curanings, that
the report be tabled and referred back to the Finance CAa~mtittee for further
consideration. The motion to f~hle, which toc~ prenedance, Carri.e~. with the
following vote:
AYE: Aldermen Cheee~an, C~gs, Baker, Janvary, Merrett and Somerville.
NAYE.' Aldermen Dilts, Orr, Puttick, Schisler and Kerrio.
No. 236 - Acting Administrator - Re.. Oal[lement of Audit (la~.~.|ttee. The report
recutz~ends that a letter of appreciation be forwarded to Mr. A.E. Guyatt
expressing Council' s appreciation for his willingness to serve as a member of
the Audit Oa,.,.|ttee and further that his offer be considered at a later date.
Alderman Cunratngs indicated that Mr. Guyatt's concern was with the make-up
of the a,~4ting oam.|ttee as previously rec~a,Bnded. Mr. Guyatt had questioned
how the City's auditors could serve on the oal,~Httee and be expected to
criticize themselves. Alderm~n Cheesman advised that the City's auditors would
not be voting menbets of the c~.dttee, but would provide information to the
c~mdttee as does the staff of various departments.
ORDERED on the .~ion of Alderman Chees~an, seconded by Alderman Merrett, that
the report he received and adopted. Carried Unanimously.
No- 237 - A~dmg Administrator - Res Municipal Accounts. The report rec~,e,ends
payment of the nunicipal acoounts..
Additional info~.ntion was provided on Cheques #9068, ~9081, ~9099, #9136,
#9205 and #9206, in rasfxmes to questials raised by Aldermen Cunmings, Orr and
ttick.
In response to a questio~ raised by Alderman Cunmings, Mayor Thc~em
advised that Cheque #9117 was for payment of fitness testa give to new Fire
Department ~,~loyees.
It was moved by Alde~.~ul Oamltngs, secelded by Aldemen Cheesman, that the
matter be referred to staff for the .preparation of a re~..rt..Carried
_Unanimously.
It %~s then moved by Alderman Merrstt, esccelded by Alderman Baker, that the
report be received and adopted. The motion Carried with Alderman Sceerville
abetaining m a uaeiflict of interest on Cheque2, and all others voting in
No. 238 - Acting Administrator - Res Poesible Relocation - Niagara Falls Flyere
Hockey Frenchise. ~xne report rec~a,,,ee~ds that an ed hco emmittee be established
~a~Frising of Mayor Th.-~.on, the Actip~J Chief Administrative Of Eicer
appropriate City staff, as required, to consider the implications and possible
· lt...,tives ,,it to rexo,,-tion of .iager. Fan.
-8-
Hockey franchise and that the Oal,~.~ttee report its findings to the Finance
Committee.
Mr. W. Melrose, a member of the Flyers Booster Club, was granted permission
to address Council on the motion of Alderman Cheem~an, seconded by Alderman
CXmmings. Mr. Melrose asked if the Flyers franchise leaves Niagara Falls, if
the City %~)uld be planning to bring in another team. Mayor Thcrnsm advised that
the City would make every effort to have a team for the ccrning season.
Mr. Melrose cka,.,ented that Mr. R. Quinn, the owner of the Flyers Hockey Tean~
had made a fool of the City and its citizens cn rrore than one occasion by
announcing his intentions to leave the City. By doing this, Mr. Melrose felt
that Mr. Quinn ~as losing more and more fans each year.
Mayor Thomsc~ felt that Mr. Quinn should have give~ the City an opportunity
of discussing the matter before reading about the move in the ne~paper. The
Mayor pointed out the steps the City had taken to assist the team such as the
hiring of a Prcmotio~s & Facilities Coordinator and the reparations to the
Niagara Falls b~L~rial Arena.
Alderman Ckmmings stated that the Booster Club had belped to support and
prcmote attendance at the hockey games and should be ec~,~,,erK]ed for its work.
The Alderman pointed out that the local team had been more than a financial
aspect to the City, but a source of entertainment to seasin tickst holders, and
the hope for young hockey players ccrning ~13 through the minor hockey system to
play on a local Junior "A" team.
Alde~,~n Fera felt Mr. Quinn ~as doing irreparable damage to the c~,,~unity
and himself by his acticrm. If Mr. Quinn did stay in the City, Alderman Fera
felt be would not have the support of his fans, the Council, and the people that
had supported h/m in the past.
Alde~l:nn Cheasman stated that what had h3thered the Finance C~,,lattee
not the loss of revenue, but the fact Mr. Quinn had chose~ to go public outside
the City to express his wishes before giving the City the ~unity tO be
aware of his concerns an~ respond to then. '
Alderman Cu~nings pointed cut that the City would still have to deal with
Mr. Quinn in any attempts to attract another teas to the City, since Mr. Quinn
was on the Board of Directors of the league and would have a vote on whether
there will be a team in Niagara Falis.
Following further cu~,~ent, it ~as moved by Alderman Puttick, seconded by
Alderman Chessman, that t}~ report be received and adopted, and that A%dermen
Cumlings, Kerrio and Merrstt be appointed to the special ~aL,,attee. Carried
Unan/nuusly.
No. 239 - Finance C~mattee - Re.' Parants Without Partners. The report
rec~,.,ends that Council decline participaticn in the Annual Zone "J" C(mference
of the Parents Without Partners to be held at the 8herat(m Hotel Ca,~lex in
Niagara Falls, and further that an e~lanation of the present policy with
resl~ct to conferences be fon~ard to Parenets Without Partners.
ORDerED on the [;~i(m of Alderm~n Merrett, seconded by Alderman Orr, that the
report be received and edo~ted.. Carried Unani~msly.
No. 240 - Acting Mministrator - Rez Provincial Gas Cheque #8997. The report
provides information on the relocation of a gas nmin during uau~ructi~ of the
additic~ to the Niagara Falls Me~rial Arere.
In reslxmse to a questic~ raised ~f Alderman Cummings, the Building and
Develolmm~t (3o-ordtnatcr indicated that the cost would e~,e under the C.S.C.P.'
pru~,,, end the City %Duld be reimbursed for the e~iture.
ORDERED (m the roDties of Alderman Orr, seconded by Alderman Baker, that the
re~ort be received end filed and the account ~id. Carried Unanimously.
No. 241 - actin Administrator - Butldtn & Inspecti s Deparmmt Reixxrt
for March 1982. The ze~urt provides current nee reiative to permit statistics,
developmint proi~eals end other note~rthy data that hae emerged durir~ the
OP4BRED o~ the .~:~on of Aldemmn Kerrio, seceded by Alderram Orr, ~hat ~he
reEDrt be received and filed. Carried Unanim0usly. '
No. 242 - Aatlng Administrator - Re, B~dy Curre~t Test ~or Chiller at City
The repDrt reocmmmmds that the c/uotatt~ 0f-$1,750000 sutanit~. by "HBX30" be
9
approved for the purpose of conducting an eddy current test of the chiller
condenser and evaporator tubes.
ORDERED on the motion Of Alderman Dilts, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 243 - Acting Administrator - Re: Property Standards By-law No. 74-204,
Mr. J. Grasskarl0, 4767 Queen Street. The report reds Under clause (a) Of
subsection 7.10.4 of By-law No. 74-204, that the Corporation retain a disposal
service to forthwith comBlets the work which the owner was directed to carry out
under the Order given March 13, 1981, and that pursuant to subsection 7.10.5 of
said By-law 74-204, any expense incurred by the Corporation, its servants Or
agents in carrying cut the work aforesaid, be recovered in a like manner as
mnicipal taxes.
Mayor Thcmsoa declared a conflict of interest and requested Alderman Kerrio
to take the chair for this matter. The Mayor refrained frcm participating in
the discussion or vote on this matter.
0RDERED on the motion Of Alderman Puttick, seconded by Alderman Baker, that the
report be received and adopted. The motion Carried with Alderman Merrett voting
ccatrary, and all others voting in favcur.
No. 244 - Acting Administrator - Re: Minor Variance Application A-16-82, M.
Pasetto, 7241 Lundy's Lane. The report advises that no work has oc~nenced on
the proposal Which is the subject of the application for a minor variance to the
Cxa~,~,{ttee of A~justment.
Alderman Puttick provided additional information to the Council cn his
involvement in the inquiry previously raised.
ORDERED On the motion Of Alderman Puttick, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
No. 245 - Acting Administrator - Re.' Ontario Hcme Renewal Program. The report
reccmnends passage of a resolution authorizing the Municipality to apply for
maximan funding of $233,799.33 available for the 1982-83 peried allowing the
Municipality to extend its participation in the program.
ORDERED on the n~ion of Alderman Orr, seconded by Alderman Curesings, that the
report be received and adopted. Carried Unanimously.
See Resolution #30
No. 246 - Acting Administrator - Re: Niagara South Recreation Association
Agreement for Roller Skating. The report rece,,lends that the agreement between
the City and the Niagara South Recreation Association dated April 5, 1978, be
amended to provide for roller skating to be held on Friday evenings c~ly.
ORDERED on the motion of Alderman Orr, seconded by Aldersran Cunmings, that the
report be received and adopted. Carried Unanimously.
No. 247 - ActinV ~aministrator - Re: 1981 Annual Report of the Fire Department.
The report prov/dea information c~ the Operations of t~.e Fire Department for the
year 1981.
ORDERED On the m0tic~ of Alderman Orr, seconded by Alderman Kerrio, that the
report be received and ffled. Carried Unanimously.
No. 248 - Alderman Merrett - Re~ Metric Conversion. The report recenends
passage of a resolution requesting the Federal Government to place a hold on any
further changeover to the metric system in this Country, pending resolution by
the United States Gove~,u~ent of its metric program.
Alderman Merrett provided additional information to the menbets of Council
c~ this matter.
0RUinED On the motion of Alderman Merrett, seconded by Alderman Puttick, that
the report be received and adopted. Carried Unanimously.
See Resolution #31
designate the electsd representative to attend
the Ontario Arenas Association C0~ference to be held in Bracebridge f~a~, June 18
- 20, 1982 inclusive.
0RESRED on ~he motic~ of Alderman Fera, seconded by Alderm~n Kerrio, that the
- 10 -
Cabinet Cleanup :'~ak - Niagara Falls Pharmacists Association; May 1st - 7t/q,
1982 - Respect for Law Week - Optimist Club; and June 20th - June 26th, 1982 -
Senior Citizens Week - Greater Niagara Senior Citizens Association; all subject
to established policy.
ORDERED on the motion of Alderman Cumuings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unaninuusly.
No. 25 - DILTS - ~'h~A - RESOLVED that the unit prices Suhuitted by Gauld
NUrseries for the 1982 tree planting program, be accepted at the total price
of $8,190.00; AND the Seal of the ODrporation be hareto affixed.
Carried Unanimously
No. 26 - DILTS - ~'Z~A - RESOLVED that the tender su~uitted by Modern White Lines
Ltd. for supply and application of traffic Eking peint, be accepted at the
total price of $14,559.50; AND the Seal of the Corporatie% be hereto afixed.
Carried Unanimously
No. 27 - ~S - Cm~F~MAN - RESOLVED that the following tenders fcr hydraulic
cleaning of sewers and culverts and the television inspection of. sewers,
respectively, be accepted:
1) Rob Robinson Construction Ltd. - $11,350.00
2) ThUro Sewer Service (Niagara) Ltd. - $11,400.00
AM3 the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 28 - CUM~NGS - C~RNAN - RESOLVED that the unit prices suhuitted by L & N
Constnk-q~ion Limited for the installation of ruderground services for Drtmmcud
Perk Village Extension I Subdivision, be accepted at the total price of
$24,513.00, subject to registration of the plan for the subdivision; l~q) the
Seal of the CorEoration be hereto affixed.
Carried Unanimously
No. 29 - C[l~[lbf~ - BAKER - RESOLVED that the following tenders sutnitted fc~c
the supply of grass seed and sod, respectively, be accepted:
1) F.R. Smith Seeds - $2,068.50
2) Young Sod Supply - $.68 per square meter roll
AND the Seal of the Corporation be hereto affixed.
carried unanimously
No. 30 - M ~ Cim~Ysl~N - RESg. LVED that the Council of the Corporation of
the City of Niagara Falls hereby authorize the City Clerk to apply to the
Ministry of Housing for a Provincial Grant in the amount of $233,799.33 for the
fiscal year 1982 to 1983 for the purpose of making loans to o~ners of li'oia~ty
used for rseidantial purposes to assist in the repair, rehabilitaticu and
improverent of allveiling unite pursuant to the Housing Develolm~nt Act and the
re9ulaticems and subject to the limitation thereof~
AND FdRTHER THAT the City Clerk is hereby authorized to apply for an accountable
advance of $58,449.83 and the .Corlxyfation agrees to account for this amount and '
apply for further l~ymente through the suhuission of quarter yearly activity
AND BE IT FURTHER I~SOLVED that the CorlDration of the City of Niagara Falls
hereby agrees to c~,kJly with the Housing Develotxuent Act and the regulations
thereunder in the administraticfi of the Ontario Hcme .Renewal, Program~ A~) the
Seal of the Corl~ration he hereto affixed.
.... ~ Carried Unanimously
systen has suffered KeJor set/reeks and many
conversiom to metric have hem ~ entirely~ and
WFIM~S 79% to 80% of Canada' s trade is with the United 8tatas of ~merica~
M3V TaEREFOK8 .R, IT RES0~VED that the C~vermmnt of Canada be reques~_~a to place
a. hold cn any. further c~ancjeover to the nettle system in this Cormtry, pending
the reeolution by the United States C~verr~mut of its metric programx AND the
Seal Of the CorlDratt~ be hereto affixed.
,i Carried Unanimously
- 11 -
BY-lAWS
ORDERED on the motion of Alderman Cun, nings, seconded by Alderman Cheesman, that
leave be granted to introduce the following by-laws, and the by-laws be r.ead a
first time:
No. 82-68 - A By-law to amend By-law No. 79-200, as amended.
No. 82-79 - A By-law to authorize a release.
No. 82-80 - A By-law to authorize a release.
NO. 82-81 - A By-law to authorize the execution of an agreement with Gauld
NUrseries Limited for the 1982 tree planting program.
No. 82-82 - A By-law to authorize the execution of an agreement with L & N
Construction and Excavating of Niagara Limited for the construction
of underground services in Drlmmx3nd Park Village Sublivision
Extension I.
No. 82-83 - A By-law to authorize an agreement with Peter Miele respecting Lot
13 in the Falls Industrial Park Extension, being Registered Plan
No. M-67.
No. 82-84 - A By-law to provide mouies for general purposes.
Carried with Alderman
Orr voting contrary on
By-law 82-68, Alderman
Scmerville abstaining
on By-law 82-84, end
all others voting in
favour.
ORDERED on the m3tion of Alderman Fera, seconded by Alderman Ckmmings, that the
following by-laws be now read a second and third t/me:
No. 82-68 - A By-law to amend By-law No. 79-200, as amended.
No. 82-79-
No. 82-80 -
A By-law to authorize a release.
A By-law to authorize a release.
No. 82-81 - A By-law to authorize the execution of an agreement with Gauld
NUrseries Limited for the 1982 tree planting program.
No. 82-82-
.No. 82-83-
A By-law to authorize the execution of an agreement with L & N
Construction and Excevati~3 of Niagara Limited for the omstruction
Of underground services in Drummed Park Village Subdivision
Extension I.
A By-law to authorize an agreement with Peter Miele respecting Lot
13 in the Falls Industrial Park Extension, being Registered Plan
No. M-67.
No. 82.-84 - A By-law to provide mmies for general purposes.
Carried with Alderman
Orr voting contrary on
By-law 82-68, Alderman
Somerville abstaining
on By-law 82-84, and
all others voting in
fayour.
Alderman Cun~[ngs uu,~,ented on the success of the Niagara Follies held
the %-_=kend, and advieed that the event had really grown f~.-. the previous
y~r.
- 12 -
N.H.L. CLASSIC SLO-PITCH TOM
Alderman ~gs advised that Niagara Falls had been successful/n having
the annual N.H.L. classic slopitch tournament held locally. The Alderman
cu~/,ended the Prcm~ti(~us & Facilities Coordinator for his efforts in having the
tournament held in the City, and the national coverage this event was receiving
in the Hockey News publication.
STABILITY OF RIVER NDAD
Alderman Merrett advised that he had referred to a report sulmtitted to the
Niagara Parks Oa,,,d ssion respecting the stability of the River Road ares, and
advised that the C~,,~dssion would be arranging for an inspection of the lands
north of the Rainbow Bridge inmediately and every five years. Mayor ThfmBon
noted that Mr. Hennessey would be addressing Council at the next meeting, and
suggested that copies of the report be made available to Council at that t/me.
SKUNKS - CAROLYN AVE~13E AREA
Alde~],~n Puttick indicated that he had been advised that the City had r~t
been successful in desling with the local Ontario Hydro office with respect to
the problen of skunks fran the Hydro right-of-way in the Carolyn Avenun area.
It ~as m3ved by Alderman Puttick, seconded by Alderman Baker, that the Acting
Administrator be directed to contact officials of the Ontario Hydro office in
Toronto and bring the problen to their attention. Carried Unanim3usly.
TRAFFIC SIG~RLS - STANLEY AV~N3E~v~t;,RY WAY I~r~MSECTION
The Director of Municipal Works advised that the traffic signals at this
intersection ~uld not be operational until the ocnstruction of improvements at
the intersection had been ~a,pleted. It was anticipated that construction would
be completed in six to seven weeks.
DRT,TVERY OF ~AX Alq) W~u.',r..~. p, TT,T,~
In response to a question raised by Alderman Dilts, the ACting
Administrator indicated that the City was investigating the possibility of
using other means of dslivaring tax and water bills besides the postal service.
Info~ution was being obtained f~ca. other municipalities, ~ it was anticipated
Mayor Thomson suggested, if the City Can legally use other methods of
delivering the tax and ~ater bills, that oonsideration be given to c~ab~Ling its
deliveries with electric and gas bills to derive further savings.
The ACting Administrator advised that the City had sent its tax bills out
at a reduced ~3stal rata b~ having the bills sorted into postal ares.
STATJ8 OF ~IIJSTRIAL
It ~as moved by Alderman Baker, seconded by Alderman Puttick, that a report
be prepared m the status of industrial prup~ties to detemnfne which p~Ferties
have a~ered to the oovenants emt-~ined in their deeds, Which p~upercies have
r~t adhered to the oove~ants and any suggested relief flu. the covenant8 staff
may re~a,~,a _~ec__auae of the current eccranic c/imata. The nDtion Carried with
Alde~,=n Dilts voting contrary, am~ all others voting in fayour.
The Building & Develol~,en.t (b-ordinator suggested that because the ~eather
tmw Just improving, it might be be~eficial ~n wait a rac~th before finalizing.
It ~as moved by Al.clei~-,an Puttick, seeceded by Alde~n 8cmerviLle, that the
RFAD AND ADOPTED, .,~aaa~, ',
m
FIFre MEETING
Council Chambers
April 26, 1982
SPECIAL ~rING
Council met c~n Monday, April 26, 1982 following a General C~i~attee
session. All members of Oouncil were present with the exception of Aldermen
Fera, Orr and Schisler. His Worship, Mayor Thc~son presided as Chairman.
RATIFICATION OF G52qERAL 03e4vll'rr~.'E DECISIONS
O.M.B. P~AR/IK3 ON PROPOSED NIAC4~RA RIVER INN/STABILITY OF RIVER RDAD AREA
It ~as moved by Alderman Puttick, seconded by Alderman Marrett, that staff
contact the Niagara Parks Camdssion regarding timing of their study of the
gorge rock stability in the River Road area and that clarification be obtained
frcm the Ontario Municipal Board respecting Mr. Hennessey being permitted to
address the Board ca the hearing for the proposed Niagara River Inn. Carried
un~imously.
Report No. 251 - Acting Administrator - Re: Claim for Damages to Vehicle - D.
Holmes. The report reoa~rends 'that Mr. HoLmes be provided with an explanation
of the nunicipality's role in the settlement of insurance claims and that his
ea~,~ents be directed to the adjuster acting on behalf of the City for further
explanation.
ORDERED On the mDtion Of Alderman Ckmmlings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unaniraously.
NOTE: Alderman Merrett ~as absent when the vote was
taken on this matter.
Cofmunicatton No. 127 - Social Planning Council - Re: Economic Climate Study
Repute. The c~a~.,unication c(mments on the eo3rrm~c climate in the City, and
outlines rec~,,~endations to various governments and agencies in this regard.
ORDERED on the z,otion of Alderman Chse~ren, seconded by Alderman Cunm~ngs, that
the report be received and adopted. Carried Unanimously.
Cumlunication NO. 128 - Canada Employment Centre for Students - Re: Hire A
Studant Flag. The (xa~,,unicetion requests permission to fly a "Hire A Studant"
flag at the City Hall during June, July and August.
ORDERED on the motion of Alderman C~,.~angs, seconded by Alderman Janvary, that
the request be approve]. Carried Unanimously.
Cca,,~unication NO. 129 - Mrs. L. Savage - Re: Reading of Council Agenda Material.
The eu,.~unication requests that the recuaz,endations contained in Council agenda
material be resd for the information Of observers in attendance at meetings.
ORDF-m':D on the ~;o~ion of Alderran Merrstt, seconded by Alderman Kerrio, that the
c~,,aunicaticn be received ~and filed. Carried UnaniracuSly.
Report No. 252 - ACting baninistrator - Re, Request for Relesse, Lot 180, M-29,
2819 Lale~ant Crescent. The report reo~,.,ends p~-~age of a by-law authorizing a
release of the subject lot frcm the provisions of a subdivision agreeneat
· between the City and Taro Properties Inc. registered as Instrument No. 232482,
as amended by an agreement registered as Instnment No. IE-2013.
ORDERED on the re.rich of Alderman C~,s~ngs, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See By-law 82-85
Report No. 253 - ACting Administrator - Rez Oontract R.C. 7-82, Intersection
Improvements at Valley Way and Stanley Avenue. The report reoamends acceptance
of the unit prices suknitted by Steed & Evans Limited for the subject oontract.
~ on the nu4Lton of Aldermem Merrett, secoelded by Alderman Kerrio, that the
re~urt be received and adopted. Carried Unanimously.,
See Resolution #32
~ By-law 82--~g"
Report No. 254 - Municipal Parkir~ & Traffic C0mnittes - Re. Parki~ on Peer
Street. The report recam~lds that park/ng be prohibited at all times from the
fruntage of the first three residences esst of the Ontario Fuod Market on the
south side of Peer Street.
0Pa~ED on 'the ,,,.,Ltak of Ald~,an Merrstt, sexa~ed by Aldermmn Cu~nings, that
the ~e~,~-: be received and a~l~-at. Carried Unsntmously.
2
Report No. 255 - Municipal Parking & Traffic C~,,,attee - Re.' Parking On Ellen
Avenue. The report rec~l~LBnds that parking be prohibited at all times fren fahe
~esterly side of Ellen Avenue across the frontage of the Blackstone Inn.
ORDERED On the notiOn Of Alderram1 Merrett, seconded by Alderman ~gs, that
the report be received and adopted. Carried Unan/m3usly.
Report No. 256 - Acting Administrator - Re.' Misplaced Cheque - N. Zitano. The
report rec~l,,ends that the informatiOn respecting .the subject cheque be noted
and that mechanics be established iniTediately to prevent a recurrence of the
situatiOn and that the remedial measures proposed be reviewed periodically to
determine their effectiveness.
ORDERED On the motiOn of Alderman Dilts, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
Report No. 257 -Acting Administrator - Re: Site Plan Approval for Proposed
Retail Electric Supplies Shop, 6131 Virginia Street. The report r~.,ends
approval of the subject site plan subject to a number of conditiOns.
ORDERED On the mDtiOn of Alderman Janvary, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
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No. 82-86 - A By-law to authorize the executinn of an agreement with Steed and
Evans Limited for intersectiOn improvenents of ValleyWay at Stanley
Avenue.
No. 82-87 - A By-law to authorize the execution of an agreement with Modern
White Lines Limited for the supply and applicaticn of traffic
marking paint.
No. 82-88 - A By-law to authorize the execution of an agreement with Superior
Sewer Services Limited for the televisic~ inspection of sewers.
No. 82-89 - A By-lawtoauthorizethe execution of enagreementwith284612
Ontario Limited for the hydraulic cleaning of sewers and culverts.
Carried Unanimously
N~NBUSLNESS
REPEOFEMPLOY~Aq
Report No. 258 - Auting Administrator - Re.' Site Plan Approval for Proposed In response to a question raised by Alderman Kerrio, the Acting
. Administrator indicated that he would obtain clarificaticn with respect to the
Garden Cantre on ~d Road at Morrisce Street. The report reea,i,ends consultatiOn with Oouncil or a c~,~Littee thereof prior to the replacement of
~'~j~L:i: approval of the subject site plan subject to a nunbeaT of conditions. enployee vacancies.
~.~'=;' ': ORDerED on the motiOn Of Alderman Cheesmml, sec(~lded by Alderman Cunmlings, that
i" ! Report No. 259 - Acting Administrator - Re.' Allanthus Avenue Repairs. The It w~s roved by Aideroman Cheesman, seconded by Alderman Baker, that the
t ~ 'T i report rec~,.,~nds that Council approve the $11,000 expenditure proposed/n the meeting adjourn to Committee of the ~holej& Carried Unanimously.
I~ ~ 1982 Subsidizable Road Construction budget for the subject repairs. ,. ,. ·,
' i ~: [,: ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the RFAD AND ADOPTED,, ' ~
report be received and a_a__.~gted. Carried Unanimously. t _
I . Evans for intersection improvements of Valley Way at Stanley Avenue, be accepted L ~
. i' Ii] j i at the tendered price Of $112,667.08; AND the Seal of the Corporation be hereto J
~1~] affixed. ~
:, "It ,'.,: 't"'~ April 26, 1982
the motion of Alderman Dtlts, seconded by Alderman Baker, that leave
to introduce the following by-laws, and the b~f-laws be reed a first
No. 82-85 - A By-law to authorize a release.
- A By-law to authorize the execution of an agreement with Steed and
Evans Limited for intersectiOn improveeents of Valley Way at S~anlef~.
Avenue°
No. 82-87
- A By-law to authorize the executic~ of an agreement with Modern
White Lines Limited for the s~0p!y and applicatiOn of traffic
marking paint.
No. 82-88 - A By-law to authorize the execution of an agreem~t with Superior
Sewer Services L.h~ited for the televisic~ inspectic~ of sewers.
No. 82-89 - A By-law to authorize the executic~ of an agreem~t with 284612
Ontario Limited for the hydraulic cleaning of sewers and culverts.
In zee~onse to a questiOn raised by Alderman Puttick, the Director of
Municipal Works indicated that he believed By-law 82-89 provided fur payK~ to
the ~e~derer of an ~,~unt of $275.00 for five days. As the tender docmmnts
were not im~diately available, the Director of Municipal Works indicated that
he ~uld chec~ the doc%mmnts and ~mte~t the Alderman if this ~nfornmtic~ ~as
Carried Unanimously
O~B~"D On ~he ~ti~n of Alderran Cheemrem, sex~ded by Alderman cmm~gs, that
the follea~_ng ~-]aws be r~w read a sec~d and third time,
.No. 82-85 - A By-law to aut~oriza a release.
Council met in C~,t,~ttee of the Whole on Monday, April 26, 1982, follc~ing
a special Council meeting. All members of Council were present with the
exception of Aldermen Fera, Orr and Schisler. Alderman Cunmings presided as
Following emsideration of the it ,ere~s~&~s~en:ed, the C~a.~ttee of the Whole
arose with~lt re~g. - . '~
Council Chambers
April 26, 1982
Council reconvened in formal sessiOn On Mm~day, April 26, 1982, following a
· eet]/19 in C~atmP{ttee of the Whole. All .~ers of Council were present with the
exce~ti~ of Aldermen Fera, Orr and Schisler. His Worship, Mayor Thce~m
presided as Chairman.
Following ~.~ideratim of
arose without re~ortin9.
the Counc],l,', -
READ AM) ADOPrmu,
S~ M~rrlNG
Cc~ittee Roc~#l
May 3, 1982
COM~I'r,'.:.: OF THE ~MOLE
Council met on Monday, May 3, 1982 at 6:30 p.m. in Co~nittee of the Whole.
All members Of Council were present with the exception of Aldermen Cheesman end
Orr. Alderman Dilts presided as (~airman.
Following consideration of the items presented, the Cc~mittee of the Whole
arose without reporting.
MAYOR WAYNE THOMSON
Council Chambers
May 3, 1982
Council met on M~nday, May 3, 1982 at 7:30 p.m. for the purpose of
considering general business. All ~,m,~ers of Council were present with the
exception of Alderman Orr. AldeIren Chessman arrived at the meeting at 9..00
p.m. His Worship, Mayor Thomson presided as (~airman. Alderman Dilts offered
the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Ctmmings, seconded by Alderman Fera, that
the minutes of the meetings held on April 19th and 26th, 1982, be adopted as
printed. Carried Unanimously.
ONTARIO ~CIPAL BOARD ~ .- MAY 17 A~) 18, BY-LAW 81-208 - NIAGARA RIVER
INN, EION OF MR. H~a~SEY
Repci-~ No. 260 - Acting Administrator - The retort reoaa,~nds that Mr. Hemessey
be a~prised of the City's fin ~d~ngs in respect to c~a,,,ents r~ised at a recent
Council meeting regarding his. ~ortunity to be heal~ at the Ontario Municipal
Board hearing scheduled for May 17th and 18th, end that no requests be submitted
to the Ontario Municipal Board to have the above-mentioned hearing dates
postponed or adjourned..
' Mr. J. Hennessey ,~as g~nted' ~ermissicn to address Council cn the m~tion of
- AIde_titan Janvary, seellded by Aldertin CLmm~ngs. Mr. Hennessey again indicated
that according to Mr. Stewart of. the O.M.B., he oould not plan on speaking at
the up~ hearing, that it wo~ld be up to the officer in charge of the
hearing. With respect to the Golder study, Mz. Hermessey stated that he had
spoken with the Niagara Parks Cul,~dssicn and had learned that the C~,~Lssicn was
ve~J interesM in the C~lder study and further studies to be carried out in the
area. It was further indicated that the Ga,.,~lssicn would be considerirK3 a
e~rtingenq plan for getting traffic around River Road in the event trouble is
eEl~erienced in the area.
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participate in the c~,,,unity; and further that the Cermittee be ccrposed of the
Mayor, as Chairman, and representatives of those associations working with
handicapped people, representatives of the Social Planning Council, members of
Council end nunicipal staff as required.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
M-HIRING ~F~DICAL EXAMINATIONS - FIRE FIG~A'~MS
Report No. 262 - Acting Administrator - The report provides information on the
practice of using pre-hiring stress tests for Fire Department ~l[loyees.
ORDERED on the motion of Alderman Ckm[mings, seconded by Alderman Dilte, that the
report be received end filed, end further that the practice of using pre-hiring
stress testa for Fire Department employees be approved. Carried Unanimously.
FIRST AID AND C.P.R. COURSES
Report No. 263 - Acting Administrator - The report advises that Mr. F. Baranyi,
Mr. M. Fairbarn end Mr. G. Morgan have successfully c~,~leted the St. John
Ambulance Safety Oriented First Aid Course, end further that Mrs. D. Anderson,
Miss L. Pcole, Mrs.-L, Vacca, .Miss D. Ianncne, Mr~ P. Brennan, Mrs. L. Putney,
'Mrs. R. Kallaur, Mrs. S. Harris, Mr. M. Fairbarn, Mr. R. Judge, Mr. D. Benson,
Mrs. C. Carr, Mr. J. Collinson, Mrs. S. Hcwcroft and Mrs. J. Peck have c(ac[leted
a cardiopulmonary resuscitation and e~ergancy cardiac oourse.
In response to a question raised by Alderman Ckmrdngs, the Personnel
Officer advised that at present it is not ec~,[3/lsory for ~[loyess to take these
courses, and such a policy would have to be negotiated with the Union. In the
case of arenas, the Parsonel Officer indicated that 75% of the staff have taken
the COt]rSe.
ORDERED on the nx~tion of Alderman Janvary, seconded by Alderman Schisler, that
the report be received and filed. Carried Unanimgusly.
No. 130 - Stamford Presbyterian Church - Re.' Parking cn St. Paul Avenue. The
c<~,~unication requests that the parking be reinstated on st. Paul Avenue in
front of the Stamford PreSbyterian Church.
ORDEgED on the motinn of ~lde~man' Merrett, seconded by Alderman Cun~iugs, %hat
the request be approved and refarred to the Regional Municipality of Niagara
with a request to reinstate the parking on St. Paul Avenue. Carried
Unanimously.
. No. 131 - Ontario Municipal' Fire Preventinn Officers Association - ~{e.' Appoint-
ment of Mr. J. S/men as President. The o~,i~unicaticn advises that Mr. J.- Simon
of the Niagara Falls Fire Department holds the position of President (by
acclamation) of the Association." _
ORDERED on the motion of Alderman. Cur[nings, seconded by AIde Fera, that the
c~m~unicatinn ha receiv~ and:~iled, and congratulations extended to Mr. S~f~.
· ! ,
No. 132 - Niagara Falls Sartcm Club - Re.' S~mer Flea Market. The
oca,'.,unication requests permission to o~erate a beer garden at the Niagara Falls
Memorial Are eel JUly 2, 3 and 4, 1982 in conjunction with a ~ flea
market.
ORDERRiD on the xr~tlon of Alderman Dilte, secelded by Alderman Fera, that the
request be approved subject to established policy. Carried Unanimously.
· See Resolutien #33
No. 133 - Old Vienna Regional Slo-Pitch Tournament - Re~ 2nd Annual Tournament.
{'2 'k O~reatien Cu~lex. ,
RDE~ED O~ the motion'Of Alderman' Dilts, seconded b~ Alderman Merrett, that the
request be approve] 8t~bJe~to ~stablished policy. Carried Unanhrously. .
· See Resolutinn #34
' . No. 134 - (hi~ Business Association - Re, Represe~tati~ on Municipal
? [.~ Parking and Traffl~ C~az.t.[ttee. ~he ~am,unication requests that Mr. B. Moore be
al~int_-H_ to the Ctty's Municipal Parking & Traffic Committee to represent the-
EgO. 135 - Consuners' Gas - Re: Applicaticn of Rate Increase. The communication
provides information on the application by the Cons~ners' Gas Company Ltd. for
adjustments in rates.
ORDERED on the motion Of Alderman Morrett, seconded by Alderman Baker, that the
c<a~.~unication be referred to staff for the preparation of a report on the costs
involved and ramifications of the increases. Carried Unanimously.
No. 136 - Ministry of the Environment - Re: COncrete Elevated Water Storage
Structures. The cul,lunication reccrmends that as a result of a study carried
out, that nunicipalities arrenge for inspections of concrete elevated w~ter
storage structures by & cfmlpetent structural specialist to determine if the
structures are experiencing deterioration and/or structural stress.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the
cu~.lunication be received and filed. Carried Unanimously.
No. 137 - City of Mississauga - Re.' Protection of Established Residential Areas.
The c~.~unication requests endoreation of a resolution requesting that the
Provincial Cabinst (except in cases where a Provincial interest is materially
affected), not disturb reasoned decisions of the Ontario Municipal Board which
approve municipal zoning by-laws, particularly in those instances involving
judgerent concerning the character of the neighbourhcod.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that the
resolution be endorsed. Carried Unanimously.
No. 138 - Mr. J. Moir - Re: C~,,ercial Vehicle on Wiltshire Boulevard. The
cu~.~unication requests that Council consider the inmediate enactment of a by-law
to prohibit the parking of heavy oamercial vehicles in a residential area, and
further that the regulations concerning parking on sidewalks and operating a
business in a residential area be enforced.
Mr. J. Moir was granted permission to address Council cn the motion of
Alderman Dilta, seconded by Alderman C~.,angs. Mr. Moir outlined the problems
he was experiencing due to the parking of a large ccrmerciai truck adjacent to
his property. Mr. Moir further advised that ha had been atte-~ting to sell his
hcme privately for scme time, however the large truck parked next door had
discouraged prospective custcmers. In sumnary, Mr. Moir requested that the City
pass a by-law prohibiting large cu~,~ercial trucks in residential areas.
Mr. E. Jonovich was granted ~ermission to address COuncil cn the mDtion of
Alderman Kerrio, seconded by Alderman Cunrtings. Mr. Jonovich indicated that the
vehicle in question has been parked on private property in the area for three
years and many of the residents had no objection to its presence. Mr. Jonovich
stated that Mr. Moir was constantly cu~[ulaining and suggested that COuncil had
more important mattars. to deal with than neighbourhocd squabbles. It was also
felt that the reason Mr. M6ir had difficulty in selling his h~me, was the fact
the property hacked on to the Q.E.W.
Mr. R. Watt was granted permission to address Council cn the motion of ·
Alderman Cumnings, seconded by Alderman Schisler. Mr. Watt supported the.
cYa,.~ants made by Mr. Moir and indicated that ha had sent letters of oa~laint to
the City regarding the truck.
Mr. J. Timco was granted permission to address Council on the motion of
AldeAm~nn Merrett, seconded by Alderman Kerrio. Mr. Timco advised that he had no
objection to the truc~. being parked in the neighbourhood.
Following further cc~ment, it was moved by Alderman Curehinge, seconded by
Alderman Kerrio, that the totter be referred to staff for the preparation of a
re~ort. Carried Unan/n~usly.
No. 139 - Mr. R. Quinn - Re.' Notice of Termination of Lease. The ec~,.,'unication
advises that the Niagara Falls Flyere Hockey Club will not .be ,renewing its lease
for the 1982-83 hockey season. ~
Alderman Cummings expressed his disappointment 'with the way in which
Mr. Quinn had dealt with the City in this move, and the effect of the move on
the u~,,,unity, particularly *after"the ste~e the City had taken to assist and
p~'~,u~e-the team locally.
Mayor ThemBen felt Mr. Quinn had never intended to stay in Niagara Falls,
and cun~,x~ea_ that be understood the deal to move.. the ,te~ to. North Bay had been
negotiated over a year earlier.
't
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Following further cca,,,ent, it was moved by Alderman Janvary, seconded by
Alderman Merrett, that the cu,,~unicaticn be received and filed, and further that
a letter be sent to Mr. Quinn indicating that the City accepts the departure
with regret. The motion Carried with Alderman C~mings voting oontrary, and all
others voting in fayour.
s
ie . requests that the City
take steps to bring certain properties into ccmpliance with the non-residential
property standards by-law.
ORDERED on the motion of Alderman Cumldngs, seconded by Alderman Dilts, that the
report be referred to staff for the preparation of. a report. Carried
Unanimously ·
. !
No- 264 - Recreation Oa~,,~ssion - Re: Park end Boards of Education Athletic
Field Reservations. The report reoa,.,ends approval of the schedule for special
events and the regular schedule for parks and athletic fields and school
grounds.
ORDERED on the motion of Alderman Cunraings, sec(mded by Alderman Fera, that the
report be received and adopted. Carried Unan/mously.
No. 265 - Deputy Cit Clerk - Re: AM-2/81, Objection to Zoning Amendment By-laws
82-51 and 82-52, Welled Securities (1964) Limited. The report reoa,,,ends that
Coancil reaffirm its approval of the subject by-laws and direct the Deputy City
Clerk to forward the application and letter of objection to the Ontario
Municipal Board and request a date for a hearing.
The Planning Director indicated that a revisicn is being planned that may
resclve the objection, and suggested that the matter be ~hled.
ORDERED on the nDtion Of Alderman Merrett, seconded by Alderman Kerrio, that the
report be tabled. Carried Unanimously.
No. 266 - Acting Administrator - Re.. AM-12/81, Taco Bell Canada, 5833 Leonard
Avenue. The report recu~,,ends approval of an additional 6 m (20') area to a
parking zone with the renaining portion left as Residential and fencing to be
constructed around the antire property.
In response to a question raised, the Planning Director advised that the
intention of the anendnent is to zone the property dealt with in the
application, specifically= for perking.
ORDEKH]] On the ,f~tion Of Alderman Merrett, seconded by Alderman Cu~nings, that
the report be received and adopted. Carried Unanimously.
· , .' ; See By-laws 82-91
and 82-92
No. 267 - Deputy City Clerk - Re.. AM-4/82, Objection to Zoning Amendment By-law
82-69, Garb3 HOldings Ltd. The report tetras,lends that Council reaffirm its
approval of the by-law and direct the Deputy City Clerk to forward the
application and letter of objection to the Ontario.Municipal Board and request a
date for a hearing.
Mayor Thamon indicated that discussions are ~eing held by the amer and
the objector (Cyanamid) in order to resolve the objection. The Mayor suggested
that the matter be +~hled pending the outccme of these discussions.
ORD~/~D on the i~u~ of Alderram1 Fera, seconded .by Alderman Cummings, that the
report be tabled. Carried Unanimously.
No. 268 - Acting Administrator - Re.. Request for Release, 2611 OMen Avenue.
The report rec~l,~ends lassage of a by-law authorizing a release of 'Lot 52, Plan
M-29 from the provisions of a subdivision agreement betwee~ the City and Taro
Properties IDa. registered as InstruJent No. 232482, as amended by an agreemint
registered as Iastr~e~t HO. LT-2013.
ORLMMED on the motion of Alderm~n~Schisler, seconded by Alderman Baker, that the
report be received and adopted. ~arried Unanimously.
See By-law 82-93
No. 269 - Act~n kjMafstrator - Se~ Surplus Separate School PiuA~rty. The
re~rt j~ that the Wallsad County F~,~n Catholic Separate School Board
be advised that the City is not interested in a~/irit~ the ~oly Family Mchool
I=ol~rty ca Palmer Avenue and that the Board be ~u~lded with a c~oy of the
~ o~ the m3tic~ of AldenTen Cuntainge, seemde] b~ Alderman Dilte, that the
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report be received and adopted. The motion Carried with Alderman Fera
abstaining on a conflict of interest, and all others voting in favour.
No. 270 - Acting Administrator - Re: Lot 24, Falls Industrial Park. The report
recc~,lends approval of the transfer of ownership of Lot 24, Plan 243, frcm
William Burritt to Maren Engineering Corporation subject to the purchaser
entering into an agreement with the City to cc~ply with all the covenants
expressed in the original sale of the lot.
ORDERED on the motion Of AIde Cummings, seconded by Alderman Kerrio, that
the report be received and adopted.
No. 271 - Acting Administrator - Re: Establishment of Tourist Information Booth
Intersection of Queen Street and River Road. The report reds that the
Niagara Falls, Canada Visitor and Convention Bureau be granted permission to use
the subject City owned property as a tourist information centre for the forth-
cfmdng tourist season, on the understanding that all required interior
renovations will be the responsibility of the Bureau and exterior ir~provenents
to the limit of $4,000 be assumed by the City.
Alderman C~,~dngs felt the n~tter should be dealt with the Finance
Cxa~.l.:ttee in view of the expenditure involved. Mayor Thcmson stated that the
building and property would require s~ne improvements this year regardless of
Council' s decision. The Mayor pointed out that the property could not be left
in its present condition, and if it can be of benefit to the Bureau, the City
had a responsibility to consider the matter.
Alderman Kerrio advised that the Bureau would be meeting with the Finance
C~,.,attes at the next meeting to discuss its 1982 grant, and suggested the
matter be dealt with at that time.
ORDERED On the motion of Alderman C~,~dngs, seconded by Alderman Fera, that the
report be tabled and referred to the Finance Ccmmdttee. Carried Unanimously.
No. 272 - Municipal Works Committee - Re: Letter of Credit vs Guarantee to BOnd
for Tendering Procedure. The report recc~mends that the City not amen] its
present policy for pre-tendering which requires the suhnission of a Guarantee to
Bond for certain Municipal contracts.
ORDERED on the i,~tion of Alderman Dilts, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unan]muusly.
No. 273 - Municipal Works Cu,,,Jttea - Re.. Rotary Mower - Cemeteries. The report
recu,,~ends that the quotation of Duke Lawn Equilm~nt Ltd. in the amount of
$6,045.50 for the supply of o~e (1) Ranscznes BObCat 18 H.P. with a 48" CUtting
unit Out front rotary mower be accepted, and further that one (1) rear discharge
attac/xeent for this machine at a total cost of $318.86 also be purchased.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See Resolution #35
No. 274 - Municipal Works C~,,,dttee - Re: Calaguiro Subdivision Revisions. The
report rec<a~.~ends that Mr. A. Calaguiro, the Subdivider for the subject
subdivision, be permitted to perform the minor work required at the two
entrances for the Calaguiro Subdivisioa.
ORDERED On the m3tion of Alders. an Merrett, seconded by Alderman Kerrio, that the
report he received and adopted. Carried Unanimously.
No. 275 - Municipal Works Cc~,m~dttee - Re~ McLeod Road Re-Ali~xa,e_nt Street
LiQhting. The report rM that Oouncil approve an empenditure of $66,000
as allocated in the proposed 1982 operating budget for street lighting on the
re-aligned Stanley/McLeod Road Regional project.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried UnaninDusly.' .....
No. 276 - Municipal Works Cc~nittee - Re~ Water Flow Tests in Downtown Area.
The report rec(mmends that the Downtown Board of Management be cossultad on the
most appropriate time for c~duct/ng water flow tests on fire hydrants in the
downtown area, and that appropriate notices he placed in the local newspaper
advising on the thning of the water flow tests.
ORD~{ED on the motion of Alderman C~mmdngs, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
Mrs. S. MrVety for permission to perk her
bus on City property on WillouQhby Drive he denied.
D seconded by Alderman Baker, that the
ORdeRED on the motion of Alderman llte,
reIx=t he reoeived and adopted. Carried Unanimm~ly.
6
No. 278 - Acting Paministrator - Re.. Co-operative Fertilizer Tender 1982. The
re~ort recu~,,ends that the various mixtures of fertilizer requirements for the
City of Niagara Falls, ard approved by the Parks & Cemeteries Superintendent be
purchased free the low tenderers as outlined in the report.
ORDERED ou the motio~ of Alderman Fera, seconded by Alderman Cunmlings, that the
report be received and adopted. !Carried Unanimously.
See Resolution #36
No. 279 - Acting Administrator - Re.. Purchase of Garbage Collection Equi[ment.
Tne report recall,ends.. 1) That staff be authorized to Cell tenders on the
purchase of tw (2) one-man garbage packers; 2) That funds be made available
through using equilnent reserve funds and the 1982 budget for the purchase of
this equiFment; end 3 ) That management meet with representatives of CUPE, Local
133 to explain its plan with regards to using one-man garbage packers to collect
gerhage in the City.
Alderman Pottick felt that the City should investigate the possibility of
bulk-tendering this type of equi[ment with other municipalities in an effort to
achieve greater cost-savings. The Director of Municipal Works explained scme of
the difficulties that would be involved in bulk tendering by municipalities, but
indiCeted that the matter could be investigated further.
FOllowing further c~,~,ent, it was moved by Aldenm3n Pottick, seconded by
Alderman Kerrio, that the report be received and adopted, and further that staff
investigate the possibility Of bulk tendering of this type of equiFment.
Carried Unanimously.
No. 280 - Acting Administrator - Re.. ~alirlpool Road Bridge. The report
recu~.,ends that Council approve the closure of the Whirlpool Road bridge fr~n
Church's Lane to the Niagara Parkway, and that the appropriate by-law be passed.
ORDERED on the motion of Aldernan Fera, seconded by Alderman Cunlnings, that the
report be received and adopted. Carried Unanimously.
See By-law 82-97
NO. 281 - Finance CA~t,,~ttee -- Re: Arena Rentel Rates. The report recul,,ends
approval of the 1982/83 iCe surface rental ratas and the 1982/83 special events
rental rates for City arenas, and further that staff be asked to prepare the
The Director of Recreation provided additional information in response to a
number of questions raised by Mayor Thomson end Alderman Schisler.
O~a3ERED On the ,,,~[j. On Of Alderman Schisler, seconded by Alderman Kerrio,. that
the report be received and adopted. Carried Unanimously. ~
No. 282 - Acting A~ninietrator - Re: Municipal Accounts. The report reoa~&l~nds
payment oE the ~unicipal accounts.
Additional infoAa,Utiou ~aS provided on ~heques #9288, #9295, #9512, #9533
end #9570 in response to questions raised by Aldermen Cumtngs, Puttick and.
Schislar.
Oe on the ~LtOn of Alderman Marrett, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 283 - Finance Oa,=attee - Re, C.S.C.P. Garden Plots - Waterline. The report
rexa,~f~n~ds that Council approve an expem]iture of $6400 to install water lines
and faucets at the nunieipal garden plots.
ORbeD On the motif. of. Alde~an Cu~mhx~, sacceded by Aldernan Baker., that the
report be received and adopted, _Carried thzni~usly,
No. 284 - F/nance (~,.Ittee - Rea Niagara Falls Union Centre. The report'
recu,,mmds that Council not approve the request of the Niagara Falls UniOn
Ce~tre for a grant in lieu of taxes.
O~ux~D On the motion of Alderman Dilts, seccndad by Alderman Kerrio, that the
re~ be received and adopted. Carried Umantmously.
No. 285 - Finance ea,%,.%ttee - Re, FaNme~t of Monthly Car Allowances. The report
rM a~proval of the criteria for pel~e~t and the ~,~unts of ~f~hly car
allo%~nces e[fecttve May 1, 1982.
ORE~ED On t~e motlo~ of Alderman Puttick, secoeded by Ald~,~en Dilts, that the_
report be received ar~ adopted. Carried Unanimously.
No. 286 - Acting A'duiniStra~'- Re, ~y 8temh,"ds ~y-law NO. 74-204,
~he Divisio~al O0ur~ at Os~e ,~al~ ,On May 31, 1982 for an Order to stay
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the decision of the Property Standards Ca,,l.l ttee of the City of Niagara Falls of
April 14th, 1981 regarding the property as confirmed by the decision of His
Honour Judge T.J. Jacob in County Court at Welland on June 25th, 1981, pending
the outcAme of the application by the owner for judicial review Which w~s
ca,eAenced On July 9th, 1981 for the purpose of setting aside the decisions of
the Ca,,~a ttea and the Judge. In view of the application being made to the
Divisional Court, the City will not be carrying out the reoa,,,endations
contained in a previous report for the time being.
ORDERED On the motion Of Alderfatal Cklmlings, seconded by Alderman Merrett, that
the report be received and filed. Carried Unenimously.
No. 287 - Acting Administrator - Re: Lions Recreation Ca~Dlex - Wading Pool.
The report rec~,Aends that the City enter into en agreen~ant with the Niagara
Falls Lions Club to permit City staff to construct a wading pool at the Lions
Recreation C~[lex on Drumrrmd Road at en approximate cost Of $22,000, all oosts
to be the responsibility of the Liens Club.
Mayor Thcmson provided additional information on the matter in response to
a question raised by Alderman Kerrio regarding construction of the pool by City
forCes.
ORDERED On the motion of AldezlFan Cun!ldngs, seconded by Alderman Baker, that. the
report be received and adopted. Carried Unanimously.
No. 288 - Actin Administrator - Re: Lions Recreation C~lex - Fence. The
report recu~ that City Council approve the expenditure of $2,000 which
represents one half the cost to relocate the chain link fence on the northerly
property line between the Lions Pacreation Complex and the Ontario Hydro Canal.
OPJ~ERED on the motion of Alderman Baker, seetraded by Aldellnan Merrett, that the
report be received and adopted. Carried UnanimDusly.
RESOLUTIONS
No. 33 - DILTS - FEMA - RESOLVED that the Niagara Falls Sertc~a Club be granted
parmission to conduct a beer concession in conjunction with their flea market on
July 2nd, 3rd and 4th, 1982, at the Niagara Falls Memorial Arena subject to the
approval of the Niagara Regional Police, the Niagara Falls Fire Department, · the
Niagara District Health Unit end the Liquor Licensing-Board of Ontario; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimouslx
No. 34 - DILTS - MERREAT - RESOLVED that the Niagara Falls Cataracts Oldtimers
Hockey Club be granted permission to conduct a beer concession in conjunction
with their 2nd Annual SloPitch Tournament on June 4th, 5th end 6th, 1982, at
the Niagara South Arena subject to the approval of the Niagara Regional Police,
the Niagara Falls Fire Department, the Niagara District Health Unit and the
Liquor Licensing Board of. Ontario; Ah~) the Seal of the OorporatiOn be hereto
affixed.
. Carried Unanimously.
No. 35 - DILTS - ~'~MA i RESOLVED that the quotation of Duke Lawn Equilm~_nt Ltd.
for the supply Of one Pans~mes BobCat 18 H.P. 48" cutting unit out front ro~vy
mower at a cost of $6,045.50 with oma rear discharge attechnent at a cost of
$318.86 be aceepted~ AND the Seal of the Corporation be hereto affixed.
i- . Carried Unanimously.
No. 36 - ~'EMA - CLI~4INGS - RESOLVED that the following prices sukmitted for
fertilizer requirements for the City be accepted, .. '
-1) LouthNiageraOrchardLtmited-- $4,339.25
2) Manchester ProductsLtd. = $1,090.00
3) D & R GardanSupply - $4,389.00
AND the Seal of the CorporatiOn be hereto affixed.
Carried Unanimously
ORDESED on the motio~ of Alderman C~mings, sex~ded by Alderman Dilts, that
leave be granted to introduce the following by-laws, and ~he by-laws be read
a first rims,
.No. 82-91 - A By-law to amend .By-law~No. ,79-200, .as amended. (AM,12/81). ~.
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No. 82-92 - A By-law to designate an area of land in the City of Niagara Falls
as a site plan control area. (kM-12/81)
No. 82-93 - A By-law to authorize a release.
No. 82-94 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Peer Street)
No. 82-95 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Ellan Avenue)
No. 82-96 - A By-law to provide mo~ies for general purposes-
No. 82-97 - A By-law to temporarily close Whirlpool Prod from Church' s Lane to
the Niagara Parkway.
Carried Unanimously
ORDERED on the motion of Alderman Dilts, seeded by Alderman Cunnings, that the
following by-laws be ne~ read a second and third time:
No. 82-91 - A By-law to amend By-law No. 79-200, as amended. (AM-12/81)
No. 82-92 - A By-law to designate an area of land in the City of Niagara Falls
as a site plan control area. (AM-12/81)
No. 82-93 - A By-law to authorize a release.
No. 82-94 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Peer Street)
No. 82-95 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Ellen Avenue)
No. 82-96 - A By-law to provide m0~ies for general purposes.
No. 82-97 - A By-law to temporarily close Whirlpool Road fff~LL Church's Lane to
the Niagara Parkway.
~ Carried Unanimously
The meeting adjourned brief~ for ten
Council reconvened in formal sessic~ at 9100 p.m. All members of Council
were present with the exception of Alderman Orr. His Worship, Mayor Themean
presided as (]~irman.
SALE OF JO}~ N. ALLAN PA~K TO MARINE WONDERIAM3 & ANIMAL PARK LIMi'rzD
P~OVISION FOR AN AU~I~ATE PA~K F~EILITY
Report No. 289 - Acting Administrator - The report reoc~,,~masl 1) That council
consider the terms of the Offer to Purchase John N. Allan Park submitted by
Marine Wonderland & knimal Park Limited, end if such Offer is acceptable, that
the appropriate by-law authorizing the sale of the Park to Marine Wonderland and
Animal Park Limited be passed; and 2) If Council wishes to provide an alternate
park facility for u~e ~ ~,Fletio~ of the sale of John N. Allen Park, it
authorize staff to negotiate the purchase of a 34-acre parcel of land east of
Stanley Avsaue, north of ~eixinger Road and south of ~ Creek ~oad (Site #1
in the report m this matter dated October, 1981), at a cost of $86,000.'
Mayor Th~Bon indicated that there had kern a change in the offer to
purchase since the last time the mstter had bern discussed, an~ it had been
increased as a result of further investigation co the F~ol~rty owned by the
Aldermen Puttick indicated that ha could not agree with the cloeing date of
September 30th, 1987, cmmentin~ that this would be ~,.,~ttin9 a future Council.
The Alderran also pointed cut that the City would not have the ,Lu~es
ecc~m~lat~ interest during this period of t~me. Alderman PUttick also
es~ressed concern that this type of agreemint could set a precedeIt in other
]=uperty sa~esthe City,~rey ~a~ider in. the future. . . :
9
Mayor Thomso~ pointed out that the City would be receiving $200,000 in
deposits in 1982, and would have use of the park until the transaction closed.
In response to a question raised by Alderman Cun~ings, the City Solicitor
advised that the City could enter into an agreement of purchase and sale with
the closing date extending beyond the term of the current Council. Alderman
Cummings advised that he w~s still OFrosed to the sale Of the park, pointing out
that future develoEment in the City will be directed in this area, and a park of
the size and nature of John N. Allan Park would be required.
Alderman Merrett felt that the City would have the best of both worlds
since it was receiving $200,000 in deposits that would earn interest ~til such
time as a new park site was purchased and developed, and in the meant/me, would
have use of John N. Allan Park until the transaction was oa,~leted. The
Alderman pointed out that there are w~terfront lands available in the area that
could be developed into a park facility that ~ould be of better use to the
citizens than John N. Allan Park.
In response to a question raised by Alderman Janvary, the City Solicitor
advised that item #3 on the second page of the report provided that the
purchaser would get clear title to the property.
Following further cu,,~e~t, it was moved by Alderman Kerrio, seconded by
Alderman Marrett, that Council approve the sale of John N. Allan Park subject to
the ter,,8 outlined in the Offer to Purchase submitted by Marine Wonderland and
Animal Park Limited, and that the appropriate by-law be passed. The motion
Carried with the following vote:
A~E.' Aldermen Cheeenan, Dilts, Fare, Marrett, Sohisler, Kerrio and Sc~erville.
lYE.' Aldermen Cummings, Baker, Janvary and Puttick.
Alderman Kerrio indicated that be could not support the purchase of the
alternate site suggested in the report. The Alderman pointed out that the City
would have the use of John N. Allan Park for five years, and could earn interest
oa the deposit monies until it is necessary to replace the Park.
Alderman Cheapnan stressed that during all previous discussions on the
matter, Council had expressed an obligati~ to find an alternate site to the
present perk. The Alderman also pointed cut that the purchase price of the
alternate site was $86,000 based on an offer made in 1981, and if inmediate
steps ware not taken to replace the park, the cost to acquire an alternate site
would be much higher in the future.
Alderman Marrett stated that one of the reasons ha had supported the sale
of the park was the fact that a replacement would be provided in the inmediate
arM. The AldenTan agreed that the cost in five years to provide a replacement
~/ld be much greater than the $86,000 presently quoted.
Alderman ~gs indicated that he could not support the purchase of the
alternate site since it did not ocme close to what the City has with John N.
Allan Park. The Alderman felt the City was grasping at straws to provide an
alternate site by suggesting the purchase of Site #1. Mayor Thc~son explained
that a substantial MmDunt of ~rney was required to develop John N. Allan Park
to its present state, and that w~s what the City would. be doing to the alternate
site with the funds realized frcm the sale. The Mayor pointed out that Site #1
has water f~tage which the existing park does not have, and the alternate site
was nine acres larger than John N. Allan Park.
Alderman Puttick pointed out that due to the currant economic climate, it
would be scme time before any substantial develo~t~mt took place in this are of
the City. The Alderm~n suggested that for this reason, the City could not
Justify the expenditure of mc$1ies to replace John N. Allan Park when it was not
being used to its full extant now. Alderman Puttick suggested that the City
ccesider leasing seventeen acres of Ontario Hydro land on the north shore of t~a
Welland River which could be cleaned up end developed into a passive park at a
minimal cost o -.
Alderman Kerrio referred to the 1987 closing date for the tranesction, and
expressed the concern that if the City were to purchase an alternate site now,
and Mr. Holer backed cot of the transacti(m, the City could be stuck with ~,D
perk sites in the future. The Alde~¥en felt that the City should ~ot spena any
of the funds frcm the sale tmtil the transaction has. actually been ~a~leted.
Mayor Tn~e~n stat~ that the City %~s not in the business of selling
perks, end pointed.out that the..~ublic ~s ~ot in faycur of their sale. If it
- 10 -
had not been for the contribution Marineland makes to the City's tourist
industry, Mayor Thcmso~ stated the sale %Duld not have been considered. The
Mayor felt Council would be making a serious mistake if it did not replace
John Allan Park.
Following further oaL~,ent, it ~as moved by Alderman Cheesman, seconded by
= AldeA,,~n Merrett, that staff be authorized to negotiate the purchase of a
34-acre parcel of land east of Stanley Avenue, north of Reixinger Road and south
Of Lyons Creek Road (Site #1 in the October, 1981 report), at a cost of $86,000.
It ~as then moved by Alderman Puttick, seeorbed by Alderman Kerrio, that
further consideraticm of the replacement of John N. Allan Park be tabled. The
motion to table, which took precedence, Carried with the following vote:
AYE: Aldermen Cumlings, Dilts, Fera, ~, Puttick, Schisler and Kerrio.
NAYE: Aldermen C~eesman, janvary, Merrett and Mayor Thc~son.
Alderman Sc~erville declared a conflict of interest and abstained
frcm voting on this totter.
BINGO APPLICATION - Y.M.C.A.
Report No. 290 - Acting Administrator - The report reds that ~buncil
decide whether or not to approve an application by the Y.M.C.A. to hold
electronic bingo lotteries On Friday evenings at the Golden Nugget Bingo Hall
at 6266 Lundy's Lane.
Mr. G. Kirkham Of the Y.M.C.A. advised that the '"f" was experiencing
financial difficulties euld had ccme to the City c~ a m~nber of occasions seeking
assistance in resolving then. It ~as explained that the bingo proposal w~s pert
of the financial recovery program planned by the '"f" to raise funds. Mr.
Kirkham pointed out that the '~" had tried to choose an evening that ~ould
have the least interference with other bingo lotteries. In su~ry, Mr. Kirkham
e pointed out the necessity of raising funds to resolve the financial difficulties
the '~f" was having, and requested that Council approve the application as a
means of raising funds to continue offering its facilities and lxograms to the
cure,unity.
Mr. F. Martin of the Optimist Club was granted permission to address
Council ou the i,otiOn of Alderman Kerrio, seconded by Alderman Baker. Mr. Martin
stated that the various church groups, volunteer organizations and service clubs
return the monies raised frcm bingo oporati(ms to the c~,,tunity in various ways.
If the bingo hall on Lundy's Lane is permitted to operate, part of these
revenues will not be returned to the oa,,,unity. Mr. Martin felt ~lat such a
move oould severely undermine the volunteer group structure in the City, and
asked that Council consider the matter carefully.
Alderman Puttick pointed out that all celditi~ls of the licence had been
met in this application, and that the '"f" w~s antitled to its licence. The
Aldemmm questioned how revenues %Duld not be returned to the ua~m,unity when the
Province monitors bingo operaticks very carefully. Mr. Martin pointed out that
in Welland, groupe have to pay out $4,800 in expenses to the individual
operating the bingo hall before any m0~ies are takm in. As far as the effect
on the Opt/mist Club, Ft. Martin stated that it was possible that the Club could
lose its park within t~D years if its revmues were reduced as a result Of the
electronic bingo operatiOn.
Alderman Chessman felt that since all conditions of the licence had been
met, Council was being asked to make a decision based On the worthiness of' the
groupe applying. The Alderman felt it ~as unfair to expect Oouncil to make a
decision weighing one servi~e club against another, cr whether one orgenizatiou
or another will fail or succeed.
Alderman Fera felt that allowing another bingo to o~erate in the City could
hurt the ei~tee~ others already in existence. The Alderman referred to the
many c0~tributio~s these service clubs make in t~e ~a,,,unity, and exprasssed his
reluctance to sacrifice these organizatio~s to assist the Y.M.C.A.
In resff~e to a questiOn raised by Alderman Farrio, t~e De]mty City Clerk
advised that Only one previous licence had ever been denied in the past,- and it-
bad bern refused because the ~ profit-sharing arrangement did not qualify
under ~xis~n~ legislatiOn.
F~. Reid of the Stamford Lices Club %as granted permissiOn to address
O0un~il (m the motion of Alderman C~ee~an, seconded by Aldenran Fera.
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Mr. Reid indicated that he was not opposed to the Y.M.C.A. having a bingo
operation in the City, and stated that if the '~f" used its own building and its
Own equilm~nt, Other service clube would even he glad to assist. The concern of
the various organizations was not with the Y.M.C.A., but the operation of the
birK3o hall on Lundy's Lane. Mr. Reid pointed out that there was insufficient
parking to handle the three hundred people permitted in the hall, and indicated
that he heard arrangements were being made to bus people to the hall.
Alderman Chee-~nan suggested that the matter he tabled to determine if the
parking was sufficient for the operation. Alderman Puttick felt that if the
parking was going to be investigated for this operation, it would only be fair
to determine if there was sufficient parking for all other bingo operations in
the City.
Mr. Smith of the Optimist Club was granted permission to address Cbuncil fn
the motion of Alderman Kerrio, seconded by Alderman Cheemnan. Mr. Smith stated
that the subject application ~as for a bingo on one night of the week. Since
whoever was running the hall would have to supply the equiEment, which is very
expensive, Mr. Smith asked who would be using the ball on other nights.
Mr. Smith stated that the owner of tha hall would be making a profit on the
operation, and would not be operating the bingo hall to do service work in the
c(alutunity ·
Alderman Kerrio felt that as long
licence met all requirements, the City
Alderman indicated that he sympathized
groups, but he could find no reas(m to
as the organization requesting the
would have to approve the licence. The
with the concerns expressed by the other
deny the licence.
Alderman Puttick w~s criticel of the fact the matter was brought to Council
for a decision when all conditifms of the licenca had been met. Mayor Thc~son
advised that because of the nature of the application, be felt the City would
have been criticized if the matter had not been brought to Council's attentien.
The Deputy City Clerk advised that at one time, all applications were submitted
to Council for approval. Subsequent to this, City Council adopted a
recuL,~endation whereby all routine applications would be handled by staff, and
matters of a more controversial nature would be brought to Council for a
decision.
In response to a question raised by Alderman Janvary, Mayor Thcnson advised
that the points raised by the Social Planning Council regardi~ issuance of the
licence would be included in any approval, since they were based en existing
Provincial legislation.
Follf~Fing further ea,,~ent, it was moved by Alderman Puttick, seconded by
Alderman Farrio, that the Y.M.C.A. be granted a licenca to operate an electronic
bingo lottery. The motion Carried with the follcwing vote:
AYE= Aldermen Chee~nn, D~F, Baker, Puttick, Schisler, Kerrio and
S~erville. _ ·
NAYE=Aldermen Fera and Janvary.
Aldermen Cummings and Merrett abstained frcm ~oting ou the
Fetter ou a eo~fliot of interest.
ORESRED on the motion of Alderman Chessman, seconded by Alderman Schisler, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
No. 82-90 - A By-law to authorize the sale of John N. Allan Perk to Marine
Wonderland & Animal Park Limited.
Carried with Aldermen
Cumtx~s, Baker,
Janvary and Puttick
all others voting in
fayour.
ORD~/~D on the motion of Alderman ChasE, seconded by Alderman Fera, that the
following by-law be now read a second and third time~
- 12 -
No. 82-90 - A By-law to authorize the sale of John N. Allan Perk to Marine
Wonderland & Animal Perk Limited.
Carried with Aldermen
Cu~nings, Baker,
Janvary and Puttick
all others voting in
favour.
It ~as moved by Alderman Puttick, seconded by Alderman Kerrio, that the
meeting adjourn. Carried Unanimously.
Council Chambers
May 10, 1982
SPECIAL
Council met on Monday, May 10, 1982 following a General Committee session.
All menbers of Council were present. His Worship, Mayor Thcrson presided as
RATIFICATION OF G~WERAL (~,l.rE.: DECISIONS
It was moved by Alderman Chees~an, seconded by Alderman Somerville, that
the following decisions reached in the General C~,t.]ttee session be ratified.
Carried Unanimously.
Report No. 171 - City Solicitor - Re: Nuclear Disarmanent Question. The report
reclaimlends that Council decida whether it wishes a by-law to authorize the
sulmlission to the electors of a question respecting nuclear disarmament to be
prepared for Council's consideration.
ORDERED On the motion Of Alderman Kerrio, seconded by Alderman Puttick, that the
question of a global referand~n on nuclear disarmament not be placed on a ballot
in oonjunction with the 1982 municipal elections. The nDtion Carried with the
following vote:
AYE: Aldermen Cheee~an, Ctr[nings, Dilts, Fera, Baker, Orr, Puttick, Schisler,
Kerrio and Scmerville.
NAYE: Aldermen Janvary and Merrett.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the Acting Administrator investigate possible methods of distributing informal
ballots to the public respecting a global referend~n on nuclear disarmament
(i.e. newspaper, inserted in water bills, etc.). The motion Carried with the
following ~ote:
AYE: Aldermen Cheesman, Cunmings, Fera, Janvary, Merrett, Kerrio and
Somerville.
NAYE: Aldermen Dilts, Baker, Orr, PUttick and Schisler.
Social Planning Council Study on Vandalism - It was moved by AIderman Cunmings,
seconded by Alderman Dilts, that the matter be referred to staff to cu~[ile the
responses of the various agencies requested to c~,,ent. Carried UnanimouslZ.
Report No. 291 - Mayor Thc~son - Re: By-law to Prohibit any Person to be or to
Remain on a Public Highmy in the City of Niagera Falls for the Purpose of
Prostitution or to Approach Another Person on a Public Highway in the City for
the Same Purpose. The report reoa,~nds that Council pass (1) a by-law
prohibiting any person to be or to remain on a public highway in the City for
the pur[x3se of prostitution or to approach another person on a public highway in
the City of Niagara Falls for the same [xtrEx~e; and (2) a resolution requesting
the Council of the Regional Municipality of Niagara to pass a similar by-law
respecting public highways within the City that are under the jurisdiction of
the Region. ·
ORDERED on the ira, Lion Of Alderman Cunmutngs, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
See By-law 82-104
See Resolution ~7
White Water Perk Lundy's Lane. The report reoa~rends that Council, by
resolution, approve the increase in the maximan height fcT a sigs at the White
Water Park, Lundy's Lane f~f, 25 feet to 29 feet.
ORD~'.t~ED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the
re[oft be received and adopted. The i;,,>Lion Carried with the follcwing votes
AYE, Aldermen Chee~an, Dilte, Fera, Baker,"'~'~'ett, Puttick, Karrio and
' Scmsrville.
NAYE~ Aldermen CummingS:' Ja~.va~7, Orr and Schisler.
See Resolution #42B
Pa[~,i-~ No. 293 - Acting Administrator - Re~ Annual Planning Conference. The
re~ort recuL,~nds that the Planning Director be authorized to attend the Annual
Confarm of the Canadian Institute of Planners to be held in Hull, Quebec fran
June 20th to June 23rd.
-2-
Report No. 294 - Acting Administrator - Re: Requests for Special Occasion
Permits. The report reoaA,~ends that the following requests for special occasion
permits be granted subject to established policy: 1) Stamford Collegiate
Vocational Institute - June 5th, 1982; 2) Greater Niagara Baseball Association -
June 25th, 26th end 27th, 1982; and 3) Chippawa Volunteer Fire Fighters
Association - JUly 8th, 9th, 10th and llth, 1982.
ORDERED On the motion Of Alderman Merrett, seconded by Alderman Curtrings, that
the report be received and adopted. Carried Unanimously.
Report No. 295 - Acting Administrator - Re: AM-2/81, Welland Securities. The
report recQ,m,ends passage of two by-laws in order to resolve an objection raised
previously by the Niagara PeninsUla Conservation Authority with respect to an
earlier ZOning amendment by-law passed by Cot~ncil.
ORDERED on the motiOn of Alderman Fera, seconded by Alderman Baker, that the
report be received end adopted. Carried Unanimously.
C~A,~unication No. 141 - Ministry of Tourien and Recreation - Re: C~l,,unity
Recreation Centres ACt - C.W. Palmer Park. The commhnicatiOn confirms approval
of the purchase of C.W. Palmer Park and oaL,~tment for a grant up to a maximum
of $56,250.00.
ORDERED On the motiOn Alderman Orerulings, seconded by Alderman Fera, that the
cu~m,unicatiOn be received and filed. Carried Unanimously.
C~,,,unication No. 142 - Provincial Secretary for Social DeveloEment - Re: Family
MOnth. The cu,.,unicaticn suggests that the City observe May as Family Unity
MOnth.
ORDERED on the motiOn Of Alderman Ctmmtings, seconded by Alden~an Fera, that May
be proclaimed as "Family Unity Month" in Niagara Falls. Carried Unanimously.
Report No. 296 - Acting Administrator - Re: Financing Local Improvements. The
report rec~,~ends passage of a by-law to set the rates to provide fee the ' '
payment of the o~ners' portiOn of Certain local improvements.
ORDERED On the motiOn Of Alderman Cunmlings, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
Report No. 297 - Acting Administrator - Re: Lease Agreement between City and St.
John AmbulanCe AssociatiOn, 5734 Glenholme Avenue. The report recuL,~ends
passage Of a by-law to authorize a lease agreement between the City and St. John
Ambulance AssociatiOn for use of the proFerty at 5734 Glenholme Avenue.
ORDERED On the motiOn of Alderman Marrett, secoex]ed by Alderman Cunmings, that
the report be received and adopted. Carried U~ly.
~^^ By-law 82-100
The report i and installatiOn of a new
gas-fired hot water heater for the City Hall.
ORDERED On the motiOn of Alderman Chses~.an, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
Report No. 299 - Recreation Oa~,i,~ssiOn - Re.' O.M.R.A. ConferenCe. The report
recurs,ends that t~o representatives of the Recreation CommissiOn be authorized
to atteed the Ontario Municipal RecreatiOn AssociatiOn Conference in Stratford,
Ontario from Hay 27 - 29, in accordar~e with Oouncil's funding policy.
ORDerED On the motion of Aldernmn Fera, seconded by Alderman Chessman, that the
report be received and adopted. Carried Unanimously.
Report No. 300 - Acting Administrator - Res Starefeed Centre Volunteer Fireme~'s
Association Park Extension Agreerent. The report rec~,,ends passage of a by-law
to authorize an agreement betwee1 the City and the Starefeed Centre Volunteer
Fire~sn's Association regarding t~e lease and develo~'ent of the Firemen's Park
ExtensiOn, and further that the Association be congratulated for their
acc~,~lis~w~ents in acquiring and developing the park.
ORDERED On the ll~Lien of AIdeklein Marrett, seconded by Alder~Bn Fera, that the
re~ufL be received and adopted. The i~Llm Carried with Alderman Ommings
abstaining on a c0nflict of interest, and al~s voting in fayour.
See By-law 82-99
Pa~x~-~ No. 301 - Acting Administrator - Re~ Contract R.C. 11-82, Finished Road
Co~stzuctto~ in Mount Forest M~rk III Subdivisien. Tae re~ort reemme~ds
aM of the unit prices submitted by Ste~hens and Pankin Inc. fur the
~mstructic~ of finished roads in the Mount Porest M~rk III 8ubdivtsioe~.
O~DE~D m the ~ion of Alder~n Fera,~ eec0~ed by Alderman Cum~ngs, that t~e
-3-
report be received and adopted.
Carried Unanimously.
Sue Resolution #41
See By-law 82-103'
Report No. 302 - Finence Ca,,~.~ttee - Re: Establishn~_nt of TOurist Information
Booth at the Intersection of Queen Street and River Road. The report recc~m~nds
that Council grent parmission to the Niagara Falls Canada Visitor and Convention
Bureau to use the propearty formerly known us Venetian Glass Art Gallery at the
intersection of Queen Street end River Road (the property to be used as a
tourist information eentre for the forthccming tourist season), with the
financial resFonsibility for maintenance and repairs being assumed by the
Bureau.
ORDERED on the motion of Alderman Fera, seconded by Alderman Kerrio, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen CLmmlings, Dilts, Fera, Baker, Janvary, Orr, Puttick, Schisler,
Kerrio and Sc[nerville.
NAVE: Aldermen Chee~Pan end Merrett.
Report No. 303 - Acting Administrator - Re: Sale of Surplus Fire Department
Vehicles. The report r~j/,%Le/lde that the sale of surplus Fire Department
vehicles be aiDproved to the highest bidder as follows:
1952 1/2 Ton International Ven - Ray Quinn $555.55
1972 1/2 Ton G.M.C. Van - Ken MorrisOn $600.00
1977 Pllanouth Grend Fury Wagon - Fiore & Son Limited $550.00
ORDERED on the motion of Alderman Fera, seconded by Alderman Cunmtings, that the
report be received and adopted. The mDtiOn Carried with Alderman Merrett
abstaining On a conflict of interest, and all others voting in favour.
Report No. 304 - Acting Administrator - Re: Protective Clothing Tender - 1982.
The report recule~ende acceptance of the low tender sut~nitted by J.P. Hamill and
SOn Limited for the supply of shirts, pants and coverails.
ORDERED on the motion of Alderman Fera, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
Sue Resolution #42B
Oa~,lunication No. 143 - Residents of Lundy's Lane (Garner Road Area) - Re: BUS
ServiCe On Lundy's Lane. The petition requests the extension of bus service on
IAmdy's ~ ~ne frce Kalar Road to Garner Road
ORDERED on th motion of Alderman Cheesman, seconded by Alderman Dilts, that the
request be referred to the Greater Niagara Transit C~,,Aassion. Carried
Unanimously. .
No. 37 - SEE PAGE 5
No. 38 - MERRET~ - C~M4INGS - RESOLVED that Stamford College Vocaticmal
Institute be granted permission to conduct a beer and liquee concessiCe at a
dance in conjunction with its 125th anniversary reunion on June 5th, 1982, at
the Niagara Falls Memorial Arena subject to the approval of the Niagara Regional
Police, the Niagara Falls Fire Department, the Niagara District Health Unit and
the Liquor Licensing Board of Ontario; AND the Seal of the Cozlx)ration be hereto
affixed.
Carried Unanimously
No. 39 - MERREr£ - ~ - RESOLVED that the Greater Niagara Baseball
Association be granted permission to conduct a beer concession in onnjmlctiOn
with the second annual Molson N.H.L. SloPitch Tournament On June 25th, 26th,
and 27th, 1982 at Oakes Park, subject to the approval of the Niagara Regional
Police, the Niagara Falls Fire Department, the Niagara District Health Unit and
the Liquor Licensing Board of Ontario; AND the Seal of the Corporatioa be hereto
affixed.
Carried Unanimouslx
No. 40 - ~[/~R~Tr - M - R[BOLVED that Whereas the Chippawa Volunteer
Firefighters Association be granted permissiOn to conduct a beer concession in
conjunction with its annual slo-pit~h toulTzurent on July 8th, 9th, 10th and
llth, 1982 at the Chippawa Fire Hall, subject to the approval of the Niagara
Regional Police, the Niagara Falls Fire De~u~u~ent, the Niagara District Health
Unit and the Liquor Liuensing Board of Ontario~ A~) the Seal of the Corporation
ke hareto affixed.
Carried Unanim0usl~
4
No. 41 - FERA - CUMMINGS - RESOLVED that the unit prices sutmdtted by Stephens
and Rankin Inc. for finished road oonstruction in Mount Forest Mark III
Subdivision, be accepted at the tendered price of $43,188.25; AND the Seal of
the Corporation be hereto affixed.
Carried Unanimously
No. 42A - Fh~A - BAKER - RESOLVED that the prices submitted by J.P. Hamill and
Son Limited for the supply of protective clothing, be accepted as follows=
Shirt & Pant Sets - $18.34, Coverails - $16.95; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
No. 428 - FERA - ~-~ - RESOLVED that the application of White Water Park
for a ground sign at a height not exceeding 29 feet high above grade, be
approved; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
ORDERED on the motion of Alderman Cheeknan, seconded by Alderman Kerrio, that
leave be granted to introduce the foZlowing by-laws, and the by-laws he read a
first time:
Mo. 82-98 , - A By-law to impose special rates to provide for the [B~ment of the
owners' portion of the cost of certain local improvements.
NO. 82-99 - A By-law to authorize a lease to the Stamford Centre Volunteer
Firemen ' s Association.
No. 82-100 - A By-law to authorize a lease to St. John Ambulance Association
of the former Glenholme Avenue Fire Hall property.
No. 82-101 - A By-law to amend By-law No. 79-200, as an~mded. (AM-2/81)
No. 82-102 - A By-law to designate certain areas of land in the City of Niagara
Falls as site plan control are.
No. 82-103 - A By-law to authorize the execution of an agreenent with Ste~hens
and Rankin Inc. for finished road cc~struction in the Mount Foreat
Mark III Sukdivision.
No. 82-104 - A By-law to prohibit any perso~ to be or to remain on a public
highway in the City of Niagara Falls for the lxa~se of
prostitutic~ or to approach any other [ers~l on a public highway
for the same purpose.
Carried with Alderman
Cumnings abstai~ ~
By-law 82-99, and all
others voting in
fayour.
ORDERED on the m3tic~ of Alderm~n Baker, seconded by Alderman Janvary, that the
following by-laws be now read a second and third time:
No. 82-98 - A By-law to in~ose special rates to provide for the payment of the
Mere' poi~ion of the cost of certain local improvements..
No. 82-99 - A By-law to authorize a lease to the Stamford Centre Volunteer
Firemen' s ASsociation.
No. 82-100 - A By-law to authorize a lease to St. John Ambulance ASsociatic~ of
the former Ule~holme Avenue Fire Hall property.
No. 82-101 - A By-law to mend By-law No. 79-200, as ammded. (A~2/81)
82-102 - A By-law to designate certain areas of land in the City of Niagara
Falls as site plan cc~r~l areas. '
No. 8~-103 - A By-law to authorize the executic~ of an agremmr~n with Stephe~s
.... and Pankin Inc. for finished rced c0~stmactic~ in t~s Mount Forest
Fark IlI 8uk~ivision.
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No. 82-104 - A By-law to prohibit any persc~ to he or to remain c~ a public
highway in the City of Niagara Falls for the purpose of
prostitution or to approach any other pers~l on a public highway
for the same purpose.
Carried with Alderman
Cu~nings abstaining on
a conflict of interest
on By-law 82-99, and
all others voting in
fayour.
RESOLUTICN
No. 37 - CLI~4INGS - MERRErr - RESOLVED THAT WHEREAS the Council of the
Corporation of the City of Niagara Falls has passed By-law No. 82-104 being a
by-law to prohibit any ~erson to be or re~.ain on a public highway in the City of
Niagara Falls for the purose of prostitution or to approach another parson on a
public highway in the City of Niagara Falls for the same purpose, a copy Of
which is attached hereto;
AND WHEREAS the reasons for passing such a by-law are recited in recitals to
said By-law No. 82-104;
AND e the Regional Municipality of Niagara has jurisdiction over certain
streets in the City of Niagara Falls;
AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it
desirable to request the Council of the Corporation of the Regional Municipality
Of Niagara to pass a by-law similar to By-law No. 82-104 so that Regional roads
within the City of Niagara Falls are also covered by the same provisions as in
said By-law No. 82-104;
Ng~ THEREFORE BE IT RESOLVED that the Council of the COrporation of the City of
Niagara Falls requests the Council of the Corporation of the Regional
Municipality of Niagara to pass a by-law similar to By-law No. 82-104, a copy of
which is attached hereto; AND the Seal of the COrporation be hereto affixed.
Carried Unanimously
No. 144 - Local 528, Niagara Falls Professional Fire Fighters - Re.' Negotiations
for Collective Agreenent. The o~,',,unicetion requests that COuncil reconsider
its position and negotiate with the Local in closed session.
His WOrship, Mayor Thc~son declared a conflict of interest and requested
AldeklLen ChesmTan to chair the meeting daring consideration of this matter.
COnsiderable discussion took place on the matter, during which the members
of Council expressed their views (xl the request of 3~he Fire Fighters to meet and
negotiate a oollective agzBement.
Representatives of Local 528 were in attendance and reiterated their wish
to meet with Council in closed session.
FOllowing the discussion, it was moved by Alderman Puttick, seconded by
Alden,~n Merrett, that the cu,.,unication be received and filed, axd that Local
528, Niagara Falls Professional Fire Fighters be advised that City COuncil does
not wish to meet in closed session.
It was then moved by Alderman Janvary, seconded by Alderman Kerrio, that
the mattar be tabled to allow Local 528 an opportunity to recelsider the totter
and come back with other suggestions. The motion to table, which took
precedence, Carried with the following vote.'
AYE.' Aldermen Ck~mtngs, Fora, Baker, Janvary, Merrett, Orr, Puttick, Schisler~
Kerrio and S~Brville.
NAYEz Alderman Dilta.
NMq BUSINESS
P~0CIA~TION - PAR~MiB WITHOLT PARTNERS W~2~K
It was moved by Alderman Merrett, seconded by Alderman Orr, that the week
of M~y 17th - 24th, 1982, as "Pereats Without Partners Week" in Niagara Falls.
Carried Unanimously.
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DUST PRORT.F/4 - NIAGARA F~T,TR BASMINTON CLUB
Mayor Thomson advised of a (x~plaint he had received frfan a resident in the
are of the Niagara Falls Badminton Club coscerning dust. It w~s nDved by
Alderram1 Merrett, secc~ded by Aldernkln err, that the matter be referred to
staff. Carried Unanimously.
PROPERTY ON NORTH SHORE OF W~AND RIVER
It was nDved by Alderman Puttick, seconded by Alderman Merrett, that the
Acting Administrator along with the Director of Recreation, obtain facts as to
the lease and develoEment of lands co the north shore of the Welland River in
the area of John N. Allan Park, regardless of whatever decision is reached with
respect to the replacement of John N. Allan Perk. Carried Unanimously.
It was nDved by Alderman Cheasman, seconded by Alderm~n Baker, that the
meeting adjourn. Carried Unanimously.
EIG~A'z~NTH MM~'A'iNG
COMvR'A','~ OF THE WHOLE
C~,Adttee Roc~ #1
May 17, 1982
Council met on Monday, May 17, 1982, at 7:00 p.m. for a maeting in
Co~tnittee Of the Whole. All m~nbers Of COuncil were present. Alderman Janvary
presided as Chairman.
Following consideration of the items
arose without reporting.
the Conmittee of the ~hole
Council Chambers
May 17, 1982
Council met on Monday, May 17, 1982 at 7:30 p.m. for the purpose of
considering general business. All reembers of Council were present. His
Worship, Mayor Thomson presided as Chairman. Alderman Janvary offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the nDtion of Alderman Fera, seconded by Alderman Baker, that
the minutes of the meeting held on May 3, 1982, be adopted as printed. Carried
Unanimously. ,.
UNFINISHED BUSINESS
LCEAL 528, NIAGARA F~T,t.q PROFESSIONAL FIRE FIGPrA'~/MS
This matter was t~L~orarily deferred and-dealt with later in the meeting.
No. 145 - City of Stratford - Re: Formation of a Mortgage Assistance Program.
The ~uL.L-,,HCation requests endorserent of a resoluti~on requesting the Province
tO coflsider establishing a mrtgaga assistance program or a provincial mortgage
corporation, or enacting Provincial legislation similar to that enacted by the..
Province of Saskatchewan, to aesist hene owners who my lose their hcmes as a
result of the high interest rates when nDrtgages cc~B due.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the c~,munication be endorsed. Carried Unanimously.
No. 146 - City of Stratford - Re, Ferretion of Federal/Provincial/Municipal
Liaison Oa,,.~ttee. The cu,.Lunication requests endorsement of a resolution
calling for the astablis}mBnt Of a Federal/Provincial/Municipal Liaison
Cc~nittes to act as a vehicle for ~unieipal input into legislation that affects
the ecc~rmic, so~ial and cultural well-being of all Canadians.
Mayor Tnom~m felt there might be an existing o~mmittee throucjh the
Federation of Canadian FAmicipalities that would carry out the function of the
ccmnittee outlined in the resolution. The Mayor suggested that the matter be
tabled pending receipt of information f~u. the F.C.M. on whether the two
cc~tnittees 'would conflict.
Follaving further ~u,,,ent, it was moved by'Aldermen Chasenan, seconded by
Aldei~,~n err, that the matter be tabled pending receipt of information fran the
Federation of CanadORn Municipalities on the extstance of a similar Cc~ttee
wieUn that organization. Carried unanimo~ly.
No. 147 - Mr. M. T~ellato - Re, Amem~ent to Fence By-law. The ~,,,untcetion
~,~. ~ ~o City' s fence law to permit the erection of a
-2-
intersection of St. Peter Avenue and Colborne Street.
Mayor Thcmson advised Mr. Tonellato that his request WOuld be referrad to
staff for a report, and the matter would be considered at the next Council
meeting.
ORDERED on the motion of Alderman C~mlangs, seconded by Alderman Janvary, that
the report be receivad and adolYced. Carried Unanimously.
No. 148 - Regional Municipality' of Niagara - Re: Request for Advanced Green at
Intersectio~ of Main and Ferry Streets. The c~a~unicati(~ a~vises that a
flashing advanced green [base for westbound vehicles turning l~ft at the subject
intersection is not warrented at this time, and that the Niagara Regional Police
have been requested to take appropriate action against violations observed at
the intersection.
ORDERED On the nrfcion Of Alderman Cheesman, seconded by Alderman Dilte, that the
CuL,L,/niCation be received and filed. Carried Unanimously.
No. 149 - Regional Municipality of Niagara - Re: Protective Signing at Liens
Club Swinm~ng Pool on Drummond Road. The oaL,lunicetion advises that the
potential vehicular/pedestrian conflict on Drlmmr~d Road in the vicinity. of the
Lions Club swiping pool, has bee1 evaluated and it has bee~ determined that
there ere adequate pedestrian crossing intervals at this time, but conditions
will be re-evaluated during the strainer months in order to determine if there are
any special problems requiring corrective measures.
ORDERED on the motion Of Alderman Ctmlnings, seconded by Alderman Fera, that the
cu~,unication be received and filed. Carried Unanimously.
No. 150 - Niagara Festivals - Re.' Canadian ASsociation of Festivals and EVents.
The oamunicetion empresses appreciatin to the City for assisting financially in
sending a delegate frcm Niagara Festivals to the ASsociation's inaugural
meeting ·
ORDERED on the .~tion of Alderman Marrett, seconded by Alderman Fera, that the
c~mLunication be received and filed. Carried Unanin~usly.
No. 151 - Canadian Government Office of Tourien - Re.' Letter of Thanks. The
oam,unicetion empresses appreciation to the City for its interest in twinning
with the City of Fujiyoshida City, Japan and anticipates ,further discussions
with respect to future develoEment of such a program.
ORDERED On the ,LDtion of Alderman CtFamings, seconded by Alderman Fera, that
leters be sent to the Provincial Gove/'~mmnt, the Federal Gover~m~nt and
Fujiyoshida City indicating the Cit-y--ie--interes%ed-in pursuing the matter of
twinning. Carried Unanimously.
No. 152 - Niagara Regional Health Unit - Re: Strike of Public Health Nurses.
The c~unicatic~ provides informati(m on the strike of Regional Public Health
ORDERED On the r~3tion Of Alderman Cunmd~gs, seconded by Alderman Orr, that the
c(mmunication be received and filed. Carried Unanimously.
NO. 153 - Niagaraf~re - Re: C~,,,unity Shedcase. The ~,,,unication ~a~ends
Miss S. Szigeti o Volunteer BUreau for her WOrk in organizing and
presenting the C~,,,unity 8h owcase at Niagara Square.
ORDERED on the ~otion of seconded by Alderman Cunnings, seconded by Aldem~n
Baker, that the ua~i~anication be received and filed. Carried Unanimously.
No. 154 - Greater Niagara Basebill ASsociation - Re: All-Canada Junior Baseball
Champio~shipe. The ua~,,unication requests financial assistance frum the City
with respect to the All-Canada Junior Baseball Chan~i(~lshi~e to be held at Oakes
Park c~ August 27th, 28~h and 29th, 1982.
ORD~a{ED on the ,,ution of Alderman Kerrio, seconded by Alderm~n Baker, that the
cu,s,unication be referred to the Finance C~ml,t~ttee for consideration. Carried
Unanimously.
No- 155 - Chamber of C~,.,~rce - Re.' Downtown Location. The u~munication
reque~e that the City arrange ~ dire~i~nal.signi~ indicath~ the Oretuber of
C~,,,~rce new location on Ontario Avenue.
ORDERED on the ,,~tion of Alde~mn Merrett, Seconded by Aidemen Ommtngs, that
the ~a,.,~mication e referred to the Munici~e1 Par.king & Traffiu C~m~ttea for
omlsideration. ~ied Unanimously.
No, 1Q6.- Cham~e~' of C~a,iierce - Re~ Trade Dollars, .~h~. ~c~,~,~az~tc, ation req'~ests
that ~he Ci%y c~msidar use of Trade Dollar coins as S~table tokens of :, . ~,~
-3-
ORDERED on the motion of Aldernk~n Fera, seconded by Alderman Dilts, that the
ccm~unicetion be referred to the Finance Committee for consideration. Carried
Unanimously.
No. 157 - Ontario Cc~lnittee for Canada ' s Birthday - Re: Canada Day. The
oa~,~unication encourages participation in celebrations for Canada Day.
ORDERED On the motion of Alderman Ctmmlings, seconded by Alderman Janvary, that
the cu,s,unication be received and filed. Carried Unanimously.
No- 158 - Mr. K.J. MacDonald - Re: Hydro and Environment. The ccnmunication
requests that the City do scmething to stop Ontario Hydro fran further ruining
the environment.
ORDERED On the motion of Alderman CLmmdngs, seconded by Alderman Janvary, that
the cu¢,~unicetion be referred to staff for the preparatiOn of. a report.
Carried Unanimously.
No. 159 - Mr. P. Calaguiro - Re.' LOrd Elgin School Students. The oal,.unication
requests assistance in resolving a problem with loitering and littering by
students of Lord Elgin School.
ORDERED On the motion of Alderman Merrett, seconded by Alderman Schisler, that
the cu~,&unication be referred to staff to work with representetivea of Lord
Elgin School to resolve the problem. Carried Unanimously.
No. 160 - Shoppers Drug Mart - Re: Salute to Seniors Day. The cu.,unicetion
requests that COuncil proclaim Thursday, June 3, 1982 as "Salute to Seniors Day"
in Niagara Falls.
ORDERED on the nx)tion Of Alderman Cummings, seconded by Alderman Dilts, that the
request be approved subject to established policy. Carried Unanimously.
No. 161 - Stamford Centre Volunteer Firemen's ASsociation - Re: Special Occasion
Permit. The cumaunicetion requests permission to Operate a beer and liquor
concession at the closed circuit broadcast of the Coohey/Holmes boxing match.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Scmerville, that
the request be approved subject to established policy. The motion Carried with
Alderman ~gs abstaining on a conflict of interest, and all others voting in
fayour.
See Resolution #43
REPORTS
No. 305 - Deputy City Clerk - Re: O.M.B. Hearing for Restricted Area By-law
81-179. The report advises that the date of the O.M.B. hearing for By-law
81-179 has been set for June 7, 1982 oa~,~encing at 11:00 a.m. in the City Hall
Council Chambers for the hearing of all parties interested in supporting or
opposing the application.
ORDERED on the motion of Alderman Fera, seconded by, Alderman Cun~ings, that the
report be received and filed. Carried Unanimously.
No. 306 - Municipal Works C~a~,p~ttea - Re: The Gypsy'Moth. The report provides
infommtion oa the tr.eatment of trees infested with Gypsy Moth eggs.
ORDERED on the motion of Alderman Dilte, seconded by Alderman Merrett, that the
report be received and filed. Carried Unanimously.
No. 307 - Municipal Works C~,,,.~ttea - Re: WaLker Brothers Landfill Site. The
report rec~,~ends~ 1) That the City request the Region to accept leachate frcm
the proposed WaLker Brothers Landfill Site operation at the Regional Pollution
Control Plant; 2) That all costs associated with this procedure be billed to the
City follcwing which appropriate billings will be sent to WaLker Brothers; and
3) That a suitable agreement be executed betwe the City and Walker Brothers
regarding palemint and any other necessary conditions relating to these
reoalatendations. ' '
ORDERED on the .~tion of Alderman Dilte, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 308 - Municipal Works C~,,,.tttee - Re~ Mlirlpcol Road Bridge over Hydro
Canal. The re~ reoa,e,ends that the emergency repairs m the Whirlpool Road
Bridge over the Hydro Canal not be initieted tmtil the inspection of the oentre
truss has been o/a~,~leted and the extent of the repairs necessary determined.
ORDERED on the ~ion of Aldermen Fete, sec(mded k~ Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 309 - Municipal Works Ojii~Lttee - Res Policy on installa~ion of Rear Yard
C~tchbasins o~ Private Property. Tre re~ort re.~,,,~as that the present policy
On ~he Installation of rear yard ,catchbasins i be re-affirmed.
on'l= vate 'prol~rty
-4-
Mayor Thc~son referred to previous arrenge~ents made to resolve rear yard
drainage problems whereby the City had participated in resolving them at a
minimal cost, and requested that the report be referred back to the Municipal
WOrks Ccm~ttee to be considered further.
Members of Council provided further informatic~ c~ the Omm~ttee's
discussions on the matter and the reason for its recutuendation to adhere to
the existing policy..
Follc~ring further discussion, it was moved by Alderman Cheem~an, seconded
by Alderman Ckmanings, that the report be referred back to the Municipal WOrks
C~,t.{ttee for further consideration. Carried Unanimously.
No. 310 - Acting Administrator - Re: Shriner's Creek Project - Control Dam
Access Road frcm Thorold St(me Road. The report rec~,i,k~nds that Oo, r.~cil adopt
the rec~,Bndation contained in a previous report regarding the provision of
access to certain lands adjacent to the property presently owned by the Niagara
Peninsula Conservation Authority project north of Thorold Stone Road.
ORDERED On the nx3tion of Alderman Cummings, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 311 - Acting Administrator - Re: Tenders for Mowing of Weeds c~ Private
Lots, Chemical ;~cd Control, Lawn & %';~ Spraying and Grass CUtting and Trinming
of Cemeteries. The report recommends acceptance of.' 1) The tender sukmitted by
Adrian Van Der Weyden for the mowing of private lots; 2) the tender suhnitted by
F~rl M~rchie for chemical weed control; 3) the tender of Green Lawn Spraying of
St. Catharines for lawn and weed spraying of parks and cul-de-sacs; and 4) the
tender of ~- Skelding Landscaping for grass cutting and trinmdng of cemeteries.
Alderman Kerrio pointed out. that. there was only $4.00 difference between ,
the tender suk~itted by a local firm (Peninsula Lawn Spray) and an out-of-town
firm (Green Lawn Spraying of St. Catharines) for the spraying, of cul-de-sacs.
The Alderman suggested that Council consider awarding that portion of the 4~.nder
for spraying of parks and cul-de-sacs to the local tenderer.
Alderman Schisler felt that if the City did not accept the low tender, it
would discourage bids fren cut-of-town contractors in the future. In response
to a question raised, the Direr of Famicipal WOrks advised that Council was
this instance might dispute the decision.
Follow/ng further o~,,,ent, it was moved by Alderman Kerrio, seconded by
Alderman Orr, that the tender for Spraying of cul-de-sacs be awarded to
Peninsula Lawn Spray. The motion Carried with Alde~,~nn Schisler Voting
coatrary, end all others voting in~.
It was then moved by Alderman Kerrio, seconded by Alderman Merrett, that
the balance of the report, as amended, be adopted. The zmYcion Carried with
Aldeu,=n PUttick abstaining m a conflict of interest, and all others voting in
faycur. . '.
No. 312 - Acting Administrator - ~ei-"'1982 Hd~ 'Mix Asphalt Overlays - Contract
A.C. 9-82. The report reo~,,ends acceptance of the tender su~nitted by Steed &
Evans for the subject cc~tract.
Alderman Orr Alderman Cummings, seconded by Alderram1 Fera, that-~le reE~c- be
received and adopted. Carried Unanimously ..... ..,
· .. .,' .. ~: .... See Ressolution 145
No. 313 - Acting Administrator .-' Re.' .Perking on Lewis Avenue. The report . ·
re~ut,,as ~assage of a by-law to prcAibit lmrking on the east side of Lewis
Avenue f~a, Centre Street southerly across the fruntege of Nabisco Fu~ds between
the hours of 7,00 a.m. and 4:00 p.m.
ORESRED On the motion of Alderman Merrett, seconded kSF Alderman Cunmings, ~hat
the relx=t be received and adopted. Carried Unanizmusly.
· . "^- By-law 82-112
No. 314 - a~ting ASministrator - Re, Quotatim for Supply and Installation of
Bac~sto~s. 'the report recommends that the quotation of Shedpard Fence Ga~any
for the au[ply end installatiOn of four baseball backstc~e at a cost of
$6,8~3.00 be accepted subject to receipt of these funds by the City Treasurer
from ,~e Niagara FalXo Optimist Club pri~r to the order beir~ placed.
-5-
1982 OPERATING BUDGET
NO. 315 - Finance C<~,uHttee - Re: Budget Report. The report c~at,t~_~lts m the
1982 Operating Budget and includes figures to place the budget in perspective as
it relates to the Provincial and National econcmy.
Alderman Cheesman provided additional informatic~ C~ the report and the
1982 operating budget.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that
the report be received and filed. Carried Unanimously.
No. 316 - Finance Culii~ttee - Re: 1982 Operating Budget and Tax Rates. The
report rec~nds adoption of the 1982 Operating Budget and Tax Rates as
presented.
During discussion of the 1982 Operating Budget, the following notions were
presented and voted upon:
It Was moved by Alderman Cummings, seconded by Alderman Fera, that annual
aldermanic salaries be increased by an amount of $500. The motion was Defeated
with the following vote:
AYE: Aldermen Cheesman, ~gs and Fera.
Aldermen Dilts, Baker, Janvary, Marrett, Orr, Puttick, Schislar, Kerrio
and Somerville.
It Was moved by Alderman PUttick, seconded by Alderman Dilts, that the
$15,000 grant to the Niagara Women in Crisis be deleted frcm the budget. The
motion was Defeated with the following vote.'
AYE: Aldermen Dilts, Puttick and Schisler.
Aldermen Cheesman, Cumnings, Fera, Baker, Janvary, Merrett, Orr, Kerrio
and Somerville.
It Was moved by Alderman Or-f, seconded by Alderman Cunnings, that the
$1,730 grant to the Niagara SyK~hony Association be deleted frcm the budget.
The motion Was Defeated with the follcwing ~ote.'
AYE.' Aldermen ~s, Dilts, Orr, Schisler and Kerrio.
NAYE.- Aldermen Cheesman, Fera, Ba~ar, Janvary, Merrett, Puttick and Scmezvile.
It ~as moved by Alderman Cheesm~n, seconded by Alderman Cumnings, that a
mileage allcwance of 31~ per mile be granted to members of Oouncil in the
performance of City business other than attendance at Council meetings. The
motion was Defeated with the following vote: "
AYE: Aldermen Cheesman end Cumings.
Aldermen Dilts, Fera, Baker, Janvary, Merrett, Orr, Puttick, Schisler,
Kerrio and Sc~erville.
It Was moved by Alderman Cunmings, seconded by Alderman Kerrio, that the
$154,300 grant to the Niagara Frontier Humane Society not be approved until the
City has reached agreement with the Society regarding its c~eratiOn. The motion
Carried with the follcW. ing vote:
~YE.. Aldermen C~mmnings, Dilts, Fera, Janvary, Orr, PUttick, Schisler and
Farrio.
NAYE, Alderme~ Chee~nan, Baker, Merrett and Scmerville.
It was than nr~ed by Alderman Cheesman, seconded by Alderman Merrett, that
the 1982 Operating Budget, as amended, be approved. The motion Carried with the
following vote,
AYE~ Aldermen Cheeeman, Ctmmings, Dilta, Fera, Baker, Janvary, Merrett,
Puttick, Farrio end Scmerville.
NAYE: Aldermen Orr and Schisler.
No. 317 - Acting AdminiStrator - Re, N.H.L. Slo-Pitch Tournament - Jane 25 to
June 27, 1982. The report recumends that the P~{a~'~ions and Facilities
Coordinator be authorized to undertake the rental of 208 ro~ at the Sheraton
Village Inn at a cost of $26,368 'pus tax, said ac~,,ation to be used for the
participants in the N.H.L. SloPitch Tournament to be held in the city from June
25th to 27th, a~d subject to confirnBti(m in a fore acceptable to the City being
received fren the Sherat(m Brock Hotel that the City will not be liable for any
charess over and above .rocn acc~i~datic~ and to the limit of $26,368 plus tax.
Alderman Puttick indicated that he would prefer to have further information
partte~larly relating to the financial responsibilities of the City before he
d make deciei on the mattar. The A~ting Administrator ided scme
-6-
AlderA~n Schisler felt there was a substantial difference in the
accommodation costs betvaeen the tournament in 1981 and the proposed tournament
for 1982, particularly since there was ally an increase of four teams
participating.
Following further ocmment, it Was moved by Alderman Merrett, seconded by
Alderman Cham~ings, that the report be received and adopted. The motiota Carried
with Aldermen Orr and Puttick voting contrary, and all others voting in favour.
No. 318 - Acting Administrator - Re: Municipal Accounts. The report reoc~mends
payment of the nunicipal accounts.
Additional information w~s provided e~ Cheques #9626, #9686, #9692, #9735
and #9742 in response to questions raised.
ORDERED On the motion Of Alderman Puttick, seconded by Alderman Kerrio, that the
report be received and adopted. The motion Carried with Alderm~n Alderman Baker
and Alderman Cummings abstaining on a conflict of interest with respect to
(~eque #9758, and all others voting in favonr.
No. 319 - Acting Administrator - Re: Prol~ed Renovations for the Purpose of a
Restaurant 5037-5039 Centre Street. The report recur, lends passage of a by-law
to provide for a cash-in-lieu of parking agreement with the owners of the
subject restaurant.
ORDERED on the motion of Alderman C~eesman, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-law 82-111
No. 320 - Mayor Thomson - Re: Cu.,unity Resource Centre BUilding Renovations -
CuL.~unity Services Contribution Progran,ne. The report recu.~ends that ODuncil.
approve the hiring of ChaEm~n/Murray ASsociates, Architects to prepare plans ..and
co-ordinate the proposed renovations to the C.O.R.E. building on Victoria
Avenue.
ORDERED on the motion of Alderman Orr, seeorbed by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
No. 321 - Acting Administrator - Re.' Buildings & Inspections Department Report
for April 1982. The report provides current news relative to permit statistics,
devel~la~ent proposals and other noteworthy data that has ererged during the
period covered by the report.
ORDERED on the a,~tion Of Alderman Orr, seconded by Alderman Cummings, that the
report be received and filed. Carried Unanimously.
No. 322 - Acting Administrator - Re.' Glenview and Dzlmmc~d South, N.I.P.
Amendment to Application C (Cu~[letion). The report rec~,.~mxls ~assage of a
resolution providing for the sukmission of Application C to the Ministry of
Municipal Affairs and Housing for the cc~pletion of the Neighbourhood
Imp~t Pro~A~n in the Glenview and Drmmrald South ereas.
ORDB~ED on the motion of Alderman Ctmmings, seconded by~ Alderman Orr, that the
report be received and adup~ed. Carried Unanimously.
See Resolution #47
No. 323 - Acting Administrato~ - Re.' Surest 'SchedUle of Council Meetings. The
report recu,.~as adupLion of the following schedule of Council meetings:
May 17th and 25th - Regular Meetings; June 7th and 21st - Regular Meetings;
July 5th and 19th - Regular Meetings; August 3rd, 16th and 30th - Regular
Meetings; and September 13th -,Paguler Meeting, Septenber 20th - General .'. f!
Oa~,u[ttee and September 27th - Regular Meeting. ~
ORDERED on the ,,~tion of Aldermen ChaTmings, seconded by Alderman Orr, that the
re~ort be received and 'adopted. Carried Unanimously.
No. 324 - Acting Administrator - Re.' ConsMs' Gas Proposed Pate Increase. T~e"
report provides information on an .F~licaion by Cons~ners' Gas to the Ontario
~ Board for a rate inorsase.
OPaSRB~ on the lr~ticn of Alderman Dilts, seconded by Alderman Orr, ~hat the
report be received and filed. Carried Unanimously.
No. 325 - Civic Cxa,,,&ttee - Res Free Swinming at Municipal Pools. The report
recemmmas-that council approve free sw/nmir~ at the four Municipal pools on
July let as pert of the celebrations for Canada's Birthday.
ORDERED m the motif1 of Alderman Orr, seconded by Alderman Janvary, that the'
r_.~i~grt be received and adopted. carried UrzniRrmsly. .- =
-7-
NO. 326 - Auting Administrator - Re: Municipal Elections Act - 3 Year Tenn. The
report advises that Bill 10 which implets a 3 year term of office for all
elected nunicipal officials, was givan third reading and received Royal ASsent
on April 23, 1982, and is now law.
ORDERED on the re:felon of Alderman Merrett, seconded by Alderman Baker, that the
report be received and filed. The moticn Carried with the following vote:
AYE: Aldermen Chessman, Currulings, Fera, Baker, Janvary, Merrett, Orr, Puttick,
and Somerville.
NAYE: Aldermen Dilts, Schisler end Kerrio.
No. 327 - Mayor Thcmson - Re: Tourism Niagara - Co-ordination Board. The report
recYa~k~enda that Council give preliminary approval to the establishment of the
Touri~n Niagara, Co-ordination Board, the establishment of five working
cul.~attees and a technical coordinating ccr~nittes to assist the board, to the
purpose, Objectives, financial status, Operating procedure and membership of the
boards and oa~,~ttees, and further that Council appoint in addition to the
Mayor, Alderman Merrett, Alderman Cheesman, end Alderman Baker, one additional
menber to the Co-ordination Board.
ORDERED On the motion of Alderman Merrett, seconded by Alderman Baker, that the
report be received and adopted. Carried Unaninuusly.
No. 328 - Mayor ThaTson - Re: Rally ~3ainst Prostitution. The report
reoa~el~ands that an invitation be extended to all interested citizens and the
menhers of Council to participate in a rally to be held on May 21st in respect
to the City and Regional By-laws pzDhibiting any person to be or remain gn a
public highway for the purpose of prostitution or to approach a~ther ~erson on
a public highway for the sate purpose.
ORDERED On the rotion Of Alderman Baker, seconded by Alderman CunmLings, that the
report be received and adopted. Carried Unanimously.
Communication No. 144 - LOcal 528, Niagara Falls Professional Fire Fighters -
Re: Neogitatio~s for 1982 Contract. The c~mLLnication asks to bargain in closed
session for the 1982 contract.
Considerable discussion took place on the request of Local 528, Niagara
Falls Professional Fire Fighters to negotiate with the City in closed session.
At the conclusion Of this discussion, it vas moved by Alderman Fera, seconded by
Alderman Kerrio, that the cu~.~unicati0n be received and filed. Carried
Unanimously.
It vas then moved by Alderman Cheesman, seccnded by Alderman Merrett, that
the Personnel Officer be instructed to meet with Local 528, Niagara Falls
Professional Fire Fighters and continue negotiations. The motion Carried with .
the following vote:
AYE: Aldermen Chessman, C~t.~dngs, Dilte, Fera, Janvary, Merrett, Orr,
Sehisler, Kerrio and Scmerville.
NAVE.- Alderme~ Baker apx] Puttick.
RESOLUTIONS
No. 43 - MERR~'rr - SCMERVTLLR - RESOLVED that the Stamford Centre Volunteer
Fire~an's ASsociatio~ be granted permission to conduct a beer and/or liquor
concession in conjuncti~ with the closed circuit broadcast of the boxing match
bet'~ Gerry Coohey and Larry Holmes on June 11, 1982 at the Niagara Falls
Mm0rial Arena subject to the approval of the Niagara Regional Police, the
Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor.
Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 44 - KERRIO -MERE(EAT - RESOLVED that the following tenders sukmitted for
the m~fing of private lots, chemical weed control, lawn and weed spraying, and
grass CUtting and trinming of cemeteries be accepted.'
1) M~ing of Private Lots - Adrian Van Der Weydan;
2) Chemical ','~cd Control - ~1 Murchie
3) Lawn and ;~cd Spraying of Parks - Green Lawn Spraying of St. Catharines;
4 ) Lawn and Weed Spraying of Cul-de-Sacs - Peninsula Lawn Spray; .. r
5) Grass Cutting and Trinming .of Cemeteries - G. Skelding Landscaping;
AND the Seal of the Oorporatic~ be hereto affixed.
Carried with Alderman
Schisler voting cont-
rary, Alderram P~ttick
abstaining, am] all
others voting in fayour,
t
-8-
No. 45 - CLIPPINGS - F~A - RESOLVED that the unit prices sul~nitted by Steed end
Evans Limited for hot mix asphalt overlays, be accepted at the tendered price of
$128,394.20; AND the Seal of the Corporation be hereto afixed.
Carried Unanimously
No. 46 - ORR - JANVARY - RESOLVED that the quotatim submitted by Sheppard Fence
Company for the supply end installation of four baseball backstope be accepted
at the cost of $6,863.00, subject to receipt of these funds by the City
Treasurer fran the Niagara Falls Optimist Club prior to the order being placed;
AND the Seal of the COrporation be hereto affixed.
Carried Unanimously
No. 47 - MERR~Tf - ORR - RESOLVED THAT WHERFAS the City of Niagara Falls has
ccmpleted all work in the Glenview end Drumnnd SOuth Neighbourhood Improvement
Ares in accordance with all requirements set down in the guidelines of the
Neighbourhood Improvenent Program;
NOW ~EREFORE BE IT RESOLVED that the City of Niagara Falls does bareby sut~nit
Application "C" and thereby makes request for final payment which will cc~plete
the programs in the Glenview end Drumhood South Neighbourhocd Improvement Areas;
AND the Seal of the COrporation be hereto affixed.
Carried Unanimously
BY-LA~S
ORDERED on the motion of Alderman Cheasman, seconded by Alderman Fera, that
leave be granted to introduce the following by-laws, end the by-laws be read a
first time:
No. 82-105 - A By-law to authorize the execution of an agreeaent with
Murchie for chemical weed ccetrol.:
No. 82-106 - A By-law to authorize the execution of en agreement With G.
Skelding Landscaping for grass cutting ara trimni~g of cemeteries.
No. 82-107 - A By-law to authorize the execution of en agreement with ~drian
Vander Weyden for mowing weeds cm private lots.
No. 82-108-
A By-law to authorize the execution of en agreement With Steed end
Evans limited for the application of hot mix ansphalt overlays on
certain streets in the City of Niagara Falls.
No. 82-109-
No. 82-110 -
A By-law to authorize the execution of an agreement with Green Lawn
Spray of St. Catharines for broad leaf weed control. I(As ~mended)
A By-law to authorize an agreement With DnT~-UW Cather Canada Ltd.
for engineering services in cormection With the ~hirlpcol Road . .
Bridge Over the Hydro Canal in the City of Niagara Falls.
No. 82-111 - A By-law to authorize the execution of en agreement With Howard
Pang and SOting Pang respecting parking facilities.
No. 82-112 - A By-law to eraend By-law No. 3790, being a by-law for the
regulatia~ of traffic. (Lewis Avenue)
No. 82-113 - A By-law to provide nrmies for general purposes.
Carried with kldermen
C~!~nings and Baker
abstaining m By-law
82-113, and all others
voting in fayour.
ORDERED o~ the motio~ of Alderman Chee~,zm, seconded by Alderman Dilts, that the
following by-laws be now read a second and third time,
No. 82-105 - A By-law to authorize the executic~ of an agreement with Earl
Murchie for chemical weed control.
No. 82-X06 - A By-law to authorize the executicm of ea agreement with O.
.... ~ Skelding landscaping ~3r grass cutting and trh~aing of cemeteries.
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No. 82-107 - A By-law to authorize the execution of an agreement with Adrian
Vender Weyden for mowing weeds on private lots.
No. 82-108 - A By-law to authorize the execution of en agreement with Steed and
Evans limited for the application of hot mix assphalt overlays on
certain streets in the City of Niagara Falls.
No. 82-109 - A By-law to authorize the execution of en agreement With Green Lawn
Spray of St. Catharines for broad leaf weed control. (As Amended)
No. 82-110 - A By-law to authorize en agreenent With DeLeuw Cather Canada Ltd.
for engineering services in connection with the Whirlpool Road
Bridge over the Hydro Canal in the City of Niagara Falls.
No. 82-111 - A By-law to authorize the execution of an agreement with Howard
Pang and Soting Pang respecting parking facilities.
No. 82-112 - A By-law to amend By-law No. 3790, being a by-law for the
regulation Of traffic. (Lewis Avenue)
No. 82-113 - A By-law to provide monies for general purposes.
Carried with Aldermen
Baker end Chmm~ngs
abstaining on By-law
82-113, and all others
voting in favour.
BUSINESS
MESSAGE OF CONDOLenCE - MR. RU~qm .T. MASTERSON
It was moved by Alderman Puttick, seeded by Alderman Merrett, that a
message of condolence be sent to the family of the late Mr. Russell Masterson, a
respected member of the C<~LiL~nity. Carried Unanimously.
MESSAGE OF CONDOLENCE - MRS. BERNICE WILKERSON
It ~as moved by Alderman Kerrio, seconded by Alderman Cunm/ngs, that a
message of condolence be sent to the family of the late Mrs. Bernice Wilkerson,
a respected member of the c~m,~nity. Carried Unanimously.
MESSAGE OF CONDOLENCE - MR. J. N~METH
It w~s r~3ved by Alderman Kerrio, seconded by Alderman Cunmlings, that a
message of condolence be sent to the family of the late Mr. Joe Nemeth, a
respected metalher of the ~Lm,unity. Carried Unanimously.
DRAINAGE IMPROV~v~TS - ZAPPI 'S PIZZERIA, FIVE CORNERS
The Director of ~unicipal Works advised that a request had been received
f~u. Mr. A. Zappitelli owner of the pizzeria at Stamford Centre, that be be
given permission to asphalt over an existing concrete walkway on Portage Road in
the vicinity of his reetaurent. There apparently is a drainage problem on the
east side of the building, and it was proposed to inprove the situation by
paving over a section of concrete sidewalk. The Director of Municipal Works
re~a,s,ended that the request could be approved subject to no parking of vehicles
being permitted on City property, the sidewalk eree to be marked by white lines,
and that all necessary approvals from the Regicm for driveway entrances be
obtained.
It was moved by Alderman Marrett, seconded by Alderman Baker, that the
rec~,mLendaticm of the Direntor of Municipal Works be approved. Carried
u~ly.
Alderm~n Somerville advised that be had received a n~nber of calls frum
residents in the former Willoughby are concerning a motorcycle raceway to be
built near the intersection of oft and ~herk Roads. It was moved by Alder~mn
Sc~t-~rville, sec~ed by Alderran Kerrio, that the matter be referred to staff
for the preparatia% of a report.
- 10 -
It Was moved by Alderram1 PUttick, seconded by Alderman Baker, that the
meeting adjourn. Carried Unanimously.
NIN~T~]TH M~2~rING
CONF~'A'A'~:.: OF THE W}IOLE
Conmittee Room #1
May 25, 1982
Council met on Tuesday, May 25, 1982 at 6:30 p.m. in Ccmnittee of the
Whole. All menbers of Council were present with the exception of Alderman
Merrett. Alderman Orr presided as Chairman.
Follcwing oonsideration of the items
arose without reporting.
the Committee of the Whole
MAYOR WRYNE THOMSON
Council Chambers
May 25, 1982
Council met on Tuesday, May 25, 1982 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Marrett. His Worship, Mayor Thomsce~ presided as Chairman.
Alderman Orr offered the Opening Prayer.
ADOFTION OF M]lgUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Ctmmnings, that
the minutes of the meeting held on May 10, 1982, be adopted as printed. Carried
Unanimously.
a Group Hcmes Local Input Cu,~,~ttee t outlined in the
Input Progress Chart; 2) That Oouncil authorize Planning Staff to prepare the
necesssary Official Plan and Zoning By-law amendments for Group Hcmes based on
the provisions in Appendix B of the report as well as a by-law providing for the
registration and annual renewal of registratim for each Group Hems; 3 ) That
Council request Regional staff to address thenselves to the three outstanding
issues st~,,d/lg frum their Report DPD 1544 outlined in Part 2 of the report; and
4) That Council authorize the circulation of the report to all ares
nunicipalities to inform each nunicipality of actions taken by the City to date,
and to elicit .their supE~rt for a proposal that the level of Regional involve-
ment be reviewed in line with experience in other Regions.
Mayor Th~mon o~,,,ended the Social PlaXming Council, and in particular
Mrs. M. Nagy and Mrs. D. Sheppard for their efforts cn behalf of the City with
respect to ~roup hc~es. Also in attendance were citizen representatives of the
Planning & Develo[ment Ca,~,attee - Mr. E. Mitchelsc~ and Mr. A. DiGiaccmo.
In response to a question raised by Alderman Chessman, the Planning
Director advised that if arDther type of group hcme not presently included in
the City's proposed by-law were to be suggested for Niagara Falls, a zoning
amendment ~3uld be required because they %Duld not be recognized in the zoning
by-law. At present, the City has recognized two types of homes - homes for the
mentally retarded and homes for the aged. T%D other types are presently under
review - approved hcmms (for putiente Or discharged patients of psychiatric
hospitals) and children's residences. In response to a further questien raised
by Alderman Chessman, both the Planning Director end Mrs. M. Nagy advised that
the Province did not recognize a %~men's crisis residence as a grot~ hcme,
partly since the man~er of residents per h~f~ could likely exceed the suggested
Alderman Puttick referred to the mxjgeeted ratio of staff to residents, and
ton of hens, its setting and surroundings
to residents could be less than that suggested in the report.
-2-
Additional informaticn was provided ca the report by Mr. E. Mitchelsca of
the Planning & Develolm~31t Conmittee, and the Planning Director.
Following further cc~nent, it was moved by Alderman Puttick, seconded by
Alderman err, that the report be received and adopted. Carried Unanimously.
UNFINISHED BUSINESS
Report No. 330 - Autin~ Administrator - The report provides statistical
information on the sub]act ~alkway.
Mrs. B. Belzil of 7328 Green BOughs Road presented a petition containing
fiFey signatures of persons living within tel houses of the walkway, requesting
that the waLkway be left o~en.
Mr. R. Watson of 7272 Edenwood Court stated that his children use the
waLkway every day to reach their school bus. Mr. Watson also indicated that
there are four childran living c~ Ed~ Court that are using the walkway
who are entitled to ride the school bus.
Mr. J. S~arpe of 7284 Edenwood Court disputed a n~nber of the statistics
outlined in the report regarding distances to transit services, schools, parks
and churches, and provided distances be bad chtained to the various schools,
parks and churches in the area. Mr. Shar[~ felt there were no significant
distances when using the walkway as a route and using the streets within the
subdivision. Reference was also made to vandali~n that had occurred to heroes
adjacent to the walkw~y.
During the discussion on this matter, several menhers of Council expressed
their views on whether or not the walkway should remain open, based ca the
information supplied by staff, aDa the omments of the area residents.
Following further oa,',L'et, it was moved by Alderman Puttick, seconded by
Alderman err, that the walkway remain o~en end further that it be (kaL[leted to
the City's usual standards for walkways. The motice1 Carried with the following
vote:
AYE: Aldermen Dilts, Baker, Janvary, Orr, Puttick end Sceerville. -] ."
lYE: Aldermen Chessman, Cun~ings, Schisler and Karrio.
Mayor Themsen advised of a oa,~laint he had received fr~n Mrs.~ P. Nivan
regarding a vacant lot in this eren at the comer of Green Boughs and Lale~ant,
that c~atains refuse and garbage fr~n the area. It was moved by Alderman Dilts,
sec(mded by Alderman Cunmdngs, that the matter be referred to staff for
investigation and the preparatio~ of a report. Carried Unanimously.
c~,i~unication requests that the City
Peninsula Irce~ Works building to operate.
Mayor Thereon advised that there are certain legal ramifications that bave
been brought to the atte~tica of the City which should be reviewed by staff
before a .decision can be made by the Council. · ....... - t- . ·
Mr. L. Race of 5683 Glenholme Avenue stated that the building was ensightly
and the noise of traffic and parking problems, in addition to the danger of fire
have diminished property values in the area. Mr. ~ace indicated that the
original operation had ~a~,~mced u~der suspicious circlestances over thirty :.
years earlier, and the Stamford Township Council had bern unable to take any
a~aton at that t/me. It was pointed cut that cwnarship of the property has
changed several times since then, and Mr. ~m3e felt that this had beam do~e
with t~e City and rel eatate people involved knowing it vas a ~-~r~reial
building in a residential are. Mr. Pace also Indicated that Niagara Falls
h~/dm },md installed new high voltage line~ into ~he buiding during th~
-3-
Mr. M. Chaisson, the owner of the building, advised that he had contacted
the City' s Building Department prior to purchasing the property, with respect to
zoning and the legal state of the property. In response to a questica raised,
Mr. Chaisson indicated that he was operating an iron fabricating business and
not a machine shop. It was further indicated by Mr. Chaissoa that he intended
to improve the exterior of the building end landscape the property.
Mrs. C. McMahon pointed out that the owner has incurred considerable
expense to make the property more presentable. The refuse ca the site has been
cleared, dead trees removed and landscaping would be done soon. In response to
cule~ents regarding a fire hazard, Mrs. McMahon indicated that she was not sere
exactly what was meant by these earnants. Further ccement was made regarding
the petition frc~ the area residents, end it was indicated that the cwner had
not been made aware by the ares residents of their concerns. In s~nary,
Mrs. McMahon stated that the only question ~3nswered, was whether or not the
City SOlicitor felt the legal non-conforming use had ceased.
Mr. L. Elliott of 5664 Glenholme Avenue outlined in detail his concerns
regarding the property - Obnoxious fu~es fr~n the operation, danger of fire frcm
oil used to cool high speed drills end machinery in the Operation, noise during
evening and early morning hours, rodents in the area, etc. Mr. Elliott
requested that the City not permit the operation to continue.
Following further discussion, it was moved by Alderman Cheesman, seconded
by Alderman Dilts, that the matter be referred to staff and the Legal Department
for a full report. Carried Unanimously.
Report No. 331 -Acting Administrator -The report reoa~,'lends that the request
from Mr. M. Tonallate for an amendment to the fence by-law be received and filed
and that he be provided with a copy of the report.
Alderman Puttick referred to the c~l,~ents in the report concerning safety
due to the school in this ares, and noted that even though truck traffic was
prohibited .in the area, trucks still continued to use the streets. The Alderman
also referred to the n~m~er of cars parking in the ares because of the nearby
church, and suggested that safety was not being considered when these prOblems
were allf~ed to continue. Alderman Puttick stated that Mr. Tonellato m4ntains
his property well, and be has a constant problem with litter fren the plaza.
While Alderman Dilts sympathized with Mr. Tonellato's prOblem, be felt that
by amending the by-law, the City would be opening itself to similar requests
throughout the City that %Duld result in safety problems.
In response to a questlea raised by Alderman Janvary, Mayor Thcmson
indicated that the Safety Council inspects intersections throughout the City an
provides a list of properties where fences or hedges do not comply with the
by-law. The Mayor suggested that if any member of 'Council w~s aware of a
situation that caused a safety problem, it should be brought to the attention of
staff · ~
Alderman Cheesman suggested that staff investigate the o~,~,ents made by
Alderman Puttick to determine that there are no violati(ms of City by-laws by
the plaza or other property owners in the area.
Following further cu.,ent, it was moved by Alderman Dilts, seconded by
Alderman err, that the report be received and adopted, and Mr. T~nellato's
request denied. The motion Carried with Alderm~n Puttick voting contrary, and
all others voting in fayour.
******
The report listed under "Miscellaneous" ooncerni~g the proposed motorcycle
race~ay ~as brought forward for emsidarati~m at this time.
Report No. 332 - Acting Administrator - Re~ Proposed Racetrack for Motorcycles.
The report advises that the pk-uposed use appears to be permitted under the
present ~Dning, and recu.~elds that the information c~ltained therein be noted
and that copies be made available'to all interested persc~s.
4
Mr. P. Brttnning was granted permission to address Council on the motion of
Alderman Baker, seconded by Alderman Sc~erville. Mr. Brunning indicated that he
lived at the comer of King and Sauer Roads across from the proposed race track.
Mr. Brunning stated that residents in the are knew nothing of the proposed race
track until a bulldozer came to the site to clear the land. Mr. Brunning also
expressed concern regarding the noise and dust proble3s that would result frcm
this proposed operation.
Mayor Themson advised that under the existing zoning the proposed use would
be permitted, and no permission would be required frcm the City. The Mayor
indicated that he had contacted the operator, who had expressed a willingness to
meet with ere residents regarding the proposal.
The Director of Buildings & Inspections provided additional information in
response to questions raised.
Mr. J. Stephenson, representing Willoughby United Church, expressed the
concern that the racetrack would be operating on Sundays which would be an
intrusion to an area of worship. Mr. Stephenson also stated that there could be
a problen of vandalism to the church property by patrons of the raceway.
FOllowing further cu~.~ent, it was moved by Alderman Ctmmings, seconded by
Alden,nn Janvary, that the operator of the proposed racetrack be contacted and a
meeting set up to discuss the matter with resident of the erea and
representatives of the Church. Carried Unanimously.
OC~T4t~ICATIONS
No. 163 - Mr. & Mrs. R. Tychynsky, Olde Oountry Antiques - Re.' Use of Perk
Street for Outdoor Flea Market. The cu~.~unication requests that the City permit
an outside flea market ou Saturdays on Perk Street at Erie Avenue. The
oa,.L.~rlication also requests that the erea of Perk Street from Erie Aveus to the
parking lot entrance at Perk Street and Zinm~rn~n Avenue be closed to traffic.
Mayor TnfaL~nn indicated that Mr. & Mrs. Tychynsky had contacted other
businesses in the area and there had been no objection to the proposal. The
City Solicitor indicated that it would be nececessary to pass a by-law to
authorize the closing of the roadway.
Additional information was provided in response to a n~nber of questions
raised. The Mayor suggested that a report and the necesssary by-law be brDught
in at the next meeting for Council' s consideration.
Following further ea,,~e~t, it was moved by Alderman Cheem~aW, seconded by
Ale Orr, that the matter be referred to staff. Carried Unanimously.
NO. 164 - Local 1054, U.A.W. - Re.' Canadian Oontent Legislation. The
cu~,,unication requests that the City endorse the sending of cards to the Prime
Minister calling for a p~'OFDSal that any vehicle sold in Car~a~ should be offset
by at least 85% made in Canada parts end assembly.
Alde~x~n Chee~.an indicated that while he agreed with the intent of the
request, he could not sul~ort the specific figure of 85%. The Alderman felt
that Council should contact the Federal Gove~x~Lent and request that the auto
pact be reviewed with a view to substantially increasing in Canadian content any
vehicles sold in this Country.
Alderman Orr expre,ssed her opposition to this type of resolution, pointing
out that other types of businesses were suffering and no changes were being
requested on their behalf. The Alderman also felt it ~as the right of
individuals to purchase the type of automobile they wanted without restriction.
Following further ~u,,,ent, it was moved by Alderman Chesemmn, seconded by
Alderman Kerrio, that the Federal GoveLl.~ent be requested to review the auto
pact With a view to substantially increasing in Canaa~Rn content any vehicles
sold in this Country. The motion Carried with Aldermen 0rr and Sohisler voting
contrary, Aldermen Dilts and Putti~ining un a conflict of interest, and
all ~thers ~oting in faycur.
No. 165 - Residets of Kingston 8treet/Morden Drive Area - Re~ Property at 497~
Kings~m Street. The cu,~¥unication ~quest~ that the City take acticn regarding
the condition of the property at 4975 Kingst(m Street.
0RD~D on the motion of Aldemmn s, secoraed by Alderman Baker, that the
~,b,uniostion be referred ~o staff ~r e Pre~arati(m of a report. Carried
Umml]m0usly. ~
-5-
No. 166 - Minister of Environment Canada - Re: Pollution of the Niagara River.
The c~a{,~unicatiou expresses appreciation for the support of the City in
representations being made to the United States Government on this matter.
ORDERED On the motion of Alderman Ckmmdngs, seconded by Alderman Orr, that the
cu~unication be received and filed. Carried Unanimously.
No. 167 - Reverend S. Hershey, Niagara Presbytery - Re: Housing Crisis Relief
Project. The cu,u,unication requests that the City support the Niagera Peninsula
Homes' Housing Crisis Relief Project.
ORDERED On the motion of Alderman Orr, seconded by Alderman Somerville, that the
cu,~,unication be referred to staff for the preparation of a report. Carried
Unanimously.
No. 168 - City of St. Catharines - Re: Urea Formaldehyde Foam Insulation. The
ea~,~unication requests endoreation of a resolution requesting the Federal and
Provincial Governments to allcw individuals to apply for additional funds
through R.R.A.P. and O.H.R.P. to assist with the re~oval of urea formaldehyde
foam insulation.
ORDERED on the nx3t/on of Alderman Schisler, seconded by Alderman Orr, that the
cu~n~unication be received and filed. Carried Unanimously.
No. 169 - Lions Club of Niagara Falls - Re: Special Occasion Permit. The
eal~,unication requests that the City approve a special occasion permit to be
held in conjunction with a Ladies Only SloPitch Tournament at Niagera Sports
Centre on June 17, 18, 19 and 20, 1982.
ORDERED on the r~Ycion Of Alderman Orr, seconded by Alderman Dilts, that the
request be approved subject to established policy. Carried Unenimusly.
See Reolution #48
No. 170 - Stamford Centre Volunteer Firenen's Association- Re: Annual Horseshoe
Tournament. -The cu,,~unication extends an invitation to the members of Council
to participate in the annual tournament to be held at Firenen's Park on July 17
and 18, 1982.
ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the
Association be thanked for the invitation, and that as many member of Council
as possible participate. The motion Carried with Alderman Ckmmlings abstaining
on a conflict of interest, and all others voting in fayour.
No. 171 - Stamford Centre Volunteer Firemen' s. Association - Re: Special Occasion
Permit. The cu~.,unication requests that the City approve a special occasion
permit to be held in conjunction with the annual Horseshoe Tournament at
Fire~en's Park on July 17 and 18, 1982.
OREERED On the motion Of Alderman Orr, seconded by Alderman Baker, that the
request be approvad subject to established policy. The motion Carried with
Alderman C~.~angs abstaining on a oonflict of interest, end all others voting in
favour.
See Resolution #49
Ego. 172 - Willoughby Volunteer Fire Department - Re.- Special Occasion Permit.
The oa,,~unication requests that the City approve a special occasion [ermit to be
held in conjunction with the annual carnival on July 17, 1982.
ORDERED On the motion of Alderman Dilts, seconded by Alderman Ctmmlings, that the
request be approved subject to established policy. The motion Carried with
Alderman Scmerville abstaining on a conflict of interest, end al~s voting
in fayour. -
See Resolution #50
No. 333 - Acting Administrator - Re.- AM-22/81, F. Calaquiri, 7848 Oakwood
Drive. The report recu,,,ends that the application be approved when all
cubitrolling regulations have been ~u~[lied with and with the rider that Council
make a decision on any action to be taken since the Planning & DeveloEment
C~at,~tttea ere not Satisfied with the existir~ situation, and further that the
application be subject to Site Plan Control.
AldeL,t.n Orr noted that this was the second instance where an individual
had proceeded,without a zoning ~mendment, however in this case, the applicant
%Be a contractor and should have ~_--n aware of p~oper procedures. The Alderman
felt that by approving this application, the City was eetting a precedent in
rectifying a zoning violation ,by amending its by-law,
-6-
Mayor ~330mson stated that the City has no power in advance to prevent an
individual frcm violating a by-law, and in this particular instance, the
applicant had admitted that he did proceed without a building permit. It was
now the ~3 to Council to deal with the planning aspects of the matter. In
respsonse to a question raised by Alderman Orr, Mayor Thcmsc~ advised that other
municipalities have forced individuals to demolish a building built in
contraventic~ of zoning or building regulations.
Alderman Baker stated that he had learned the applicant was already hiring
employees to work at tba auto body shop. ~he Alderman also indicated that he
would have liked to ask the applicant whether he would he ~kat~lying with all of
the conditions of the City, however neither the applicant or his solicitcr were
in attendance.
Following further cc~m~nt, it was moved by Alderman Puttick, seconded by
Alderman Dilts, that the application be denied.
It was then moved by Alderman Kerrio, seconded by Alderman Baker, that the
report he tabled. The motio~ to table, which took precedence, Carried
Unanimously.
No. 334 - Acting Administrator - Re: AM-7/82, St. John Of Rila Bulgarian Eastern
Orthodox Church On Willmott Street. The report reoa~.~ends approval of the
application to F-trait a mo~nent On the property on Willn~)tt Street at Valley
Way presently cwned by the City, which will- he sold to the Churd~ up(~ approval
of the rezoning.
OREERED On the motion Of Alderman Cheesman, seconded by Alderman Orr, that the
report be received and adopted. Carried Unan/mously.
See By-law 82-115
No. 335 - A~ting Administrator - Re~ ExtensiOn of Draft Approval of Subdivisic~s
- West Meadow, West Meadow Extension, Ascot Woods end Valley WaysWest. The
report reoat.~ends passage of a resolutiOn to support only a one year extension
of the subject plans of subdivisions, end that after one year, the plans should
lapee with the Ministry and be resuhmitted with the Region, and further that the
c~ners be requested to ~a,.,ence to review the design end staging of their draft
plans with City staff at an early date.
The Planning Director provided additional information in response to a
q~stiOn raised by Aide Chea~.
ORDERED on the motiOn of Alderman Schisler, seconded by Alderman Orr, that the
report be r~ived and adopted. C~Tied Unan/monsly.
S~ Resoluti~ #51
Verbal Report - Planning Director - Re: land DiViSiOn C<a~m,{ttee ApplicatiOn
B-305/81, Green Oaks Trailer Perk. The Planning Director reck~,~eded that
Council appeal the decisiOn of the Regional Land Division Cfa,,~attee with respect
to the subject application, which had been made contrary to ~,~nts made by
City and Regional staff. It was advised that the appeal would have to he lodged
prior to the expiry of the appeal period, end a full report v~uld he brought in
for the consideratiOn of Council and a decision made at that time whether or not
the appeal va:)uld be wi~lva'x or left in.
ORDERED On the motion of Alderman Ckmmdngs, seconded by Aldemnm~ Dilts, that the
reccnmendation of the Planning Director be adopted. Carried Unanimously.
No. 336 - Acting Administrator - Re.' Contract G.C. 10-82, Underground Services
for Dorchester Village Subdivision - Phase I. The report rec~,m,e~ds acceptance
of the unit prices sukznitted by Ernie Damore & Scel for the subject contract.
ORdeRED on the motion ok Alderman C~gs, secce~ded b~ Alderman Dilts, that the
re~ort be received end adopted. Carried Unanimously.
, - See Resolution #53
See By-law 82-122 -
No. 337 - Acting Administrator - Re.' (kintract S.R. 12-82, 1982 SidewaLk ReE~e.
The report recc~nends ac~pU~ of the unit prices suhnitted by F. Sac~
Co~struction C~a~any Limited for the subject contract.
OR~SRED on ~he motion of Alderman Oamm~nge, seconded by Alderman Baker, that the
re~'~ be received and adopted. r'~ried Unardmously.
See By-law 83-116 '
No. 3~8 - Acting Adm{nistrator - Ret Westerly Bleachers - 0eks P~k. The report
advises that ~he wssterl~ bleachers at Oakee Perk have been detemnined to be
unsafe and signs have been posted indicating the bleachers are closed ana are
unsafe for use.
ORDERED On the motion of Alderman Oammjags, seconded by Alderman Kerrio, that
the report be received and adopted and that all groups using the park be
notified by the Recreation ~on~aission accordingly. Carried Unanimously.
No. 339 - Acting Administrator - Re: Contract S.T. 13-82, Surface Treatment of
Roads. The report reds accelYcance of the unit prices submitted by Norjohn
Contracting Limited for the subject contract.
ORDERED on the motion of Alderman C~.~angs, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Resolution #55
See By-law 82-12~
No. 340 - Acting Administrator - Re: 1982 Appropriations, Levying & Collecting
By-laws. The report recap.lends passsage of by-laws to provide for the
apprepriati~ns for the year 1982, to fix the rates of taxation for 1982 and the
levying of taxes, and to provide for the collectiOn of taxes for the year 1982.
ORDERED on the motion Of Alderman Cunmlings, seconded by Alderman Chee~nan, that
the report be received and adopted. The motion Carried with Aldern~n Orr and
Schisler voting contrary, and all others voting ~ur.
See By-laws 82-117,
82-118 and 82-119
No. 341 - Acting Administrator - Re: 1982 Parking Budget. The report rec~,~ends
approval of the 1982 parking budget.
ORDERED on the motion of Alderman Cunmdngs, Alderman Baker, that the report be
received and adopted. Carried Unanimously.
No. 342 - Acting Administrator - Re.' Municipal Accounts. The report recc~nends
payment of the nunicipal accounts.
Additional information w~s provided On Cheques #9909, #9910, #9917, #9924
and #9957 in response to questice]s raised by Alderman Cunmlings, Alderman Puttick
and Alderman Dilts.
In response to a questiOn raised by Alderman Schisler on Cheque #9925, the
City Tr~eurer advised that the cheque was for payment of maintenance c~1 the
pumps end motors in the Centennial Square fountain.
It was moved by Aldez~,an Sehisler, seconded by Alderman Cunmdngs, that
Cheque #9925 be tabled and referred to staff for the preparation of a report.
Carried Unanimously.
It mS than moved by Alderman Dilts, seconded by Alderman Baker, that the
report as amended, be received and adopted. Carried Unanimously.
No. 343 - Acting Administrator - Re.' Cooney/Holmes ~lceed Circuit Fight at the
Niagara Falls Merori~t Arena. The report reea~,~ends that the City enter into an
agreement with 464625 Ontario Limited for the purpose of presenting a closed
circuit telecast of the Gerry Cooney/Larry Holmes World Heavyweight Boxing
Cha~oionship fight en Friday, June 11, 1982 at the Niagara Falls Memorial Are.
In reSl~se to a question raised by Alder~ Puttick, the City Solicitor
stated that the ~s of the principals of numbered ~,~enies can be obtained by
doing a corporate search. Mayor Thc~ indicated that Mr. A. B~ne and
Mr. M. Divine wsre the principals involved.
Aaditional info~tion on the matter ~r~ provided by the Acting
Administrator and the City Treas~er in response to questions raised.
ORDERED on the motion Of Alderman Kerrio, seconded by Aldem~n Baker, that the
report he .received and adopted. The motion Carried with AldeJm~ tunratings
abstaining on. a conflict of interest, and alY"6'o'o~s voting in fayour.
No. 344 - Acting Administrator - Re.' Site Plan Approval for Proposed
~truction Of Eventide Hc~e, 5050 Jepeon Street. The report rec~,.,ends
approval of the subject site plan as submitted, subject to certain cc~lditions.
ORDERED on the ,~tion of Alderman (~mesmsn, seconded by Alderman Cumnings, that
the re~ort ~e received and adopted. Carried Unanimously.
No. 345 - Acting Administrator - Re: Use of Centennial Square by Downtown Board
of Management. The report r~,~ends that CoEil appro~ the request of the
Downtown h_~-d Of Mmmgene~t to use Centennial Square for certain pr(mnotional
e~ts cn ~i~ dates.
-8-
Alderman Dilts indicated that he had previously requested information on
overt/~a costs involved for City crews required for this type of event. The
Acting Administrator advised that the costs could ~e watched and a report
brought in at a subsequent date advising of overtime charges involved in this
type of event.
ORDERED on the notion of Alderman Janvary, seconded by Alderman Orr, that the
report be received and adopted. The notion Carried with Aldermen Cunmlings and
Dilts voting contrary, and all others voting in fayour.
No. 346 - Finance Ccmmlittee - Re: Weed Inspection - 1982. The report rec~l,,ends
that a 10% contract administration charge be added to all invoices for weed
cutting or weed spraying on private property, and further in order to reduce the
amount of overtima incurred in the weed cutting and weed spraying function, the
contractors responsible for the respective service be instructed to restrict
their hours of operation frcm 8:00 a.m. to 4:00 p.m., Mondays to Fridays, except
in emergencies.
ORDERED on the motion Of Alderman CtmmLings, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 347 - Acting Administrator - Re: Delivery of Tax and Water Bills. The
report provides information on the investigation of various delivery methods' to
be used by the Municipality in delivering tax and water bills.
ORDERED on the nDtion of Alderman Dilts, seconded by AldelTaan CurruLings, that the
report be received and filed. Carried Unanimously.
No. 348 - ACting Administrator - Re: Appointments to the Mangenent Ce~nittee for
the Stamford Centre Volunteer Fir~nen's Park Extension. The report reds
that one menher of the Recreation Cc~mission and the Director of Recreation be
appointed as the nunicipal representatives to the Managenent C~a,Ldttee for the
Stamford Centre Volunteer Firemen's Park Extension.
ORKERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the
report be received and adopted. The motion Carried with Alderman Cumnings
abstaining on a conflict of interest, and al~s voting in favoar.
No. 349 - ACting Administrator - Re: Request for Appointment of New Members to
the Local Architectural Conservation Advisory C~ax.~ittee. The report recka~ends
the necessary by-law be prepared to provide for the appointment of Miss Dorothy
Van Slyke and Mr. Bruce Jay to the subject c~,.[attee.
ORDERED on the motic~ of AldemTan Orr, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
RESOILTIONS
No. 48 - ORR - DILTa - RESOLVED that the Niagara Falls Lions Clu~ be granted
permission to cc~duct a beer concessi0~ in conjunction with their Ladies Only
SloPitch Tournament on Jmle 17th, 18th, 19th and 20th, 1982 at the Niagara
Sportss Centre (Formerly Cu~olo Park), a privately owned facility, subject to
the approval of the Niagara Regic~al POlice, the Niagara Falls Fire Department,
the Niagara District Health Unit and the Liquor Liceruing Board of Ontario; AND
the Seal of the CorEDration be hereto affixed.
Carried Unanimously
No. 49 - ORR - ~ - RESOLVED that the Stamford Centre Volunteer Firemen's
Association be ~L~nted permissio~ to conduct a beer concession in conjunction
with their Horseshoe Tournament ~n July 17th and 18th, 1982 at Firemen's Park
subject to the approval of the Niagara Regional Police, the Niagara Falls Fire
Depar~f~%t, the Niagara District Health Unit and the Liquor Licensing Board Of
Ontario~ AND the Seal Of the Corporation be hereto affixed.
· . Carried with .Alderman
C~mnings abstaining on
a conflict of interest
and all others voting
No. 50 - DILTS - CII~4INGS - RESf~VED that the
oonJunctim with their carnival on. July 17th, 1982 at the Willough~ Fire Mall
on Sodore Road, subject to the approval of the Niagara ~egio~al Police, ~he
Niagara Falls Fire Depa~,et, the Niagara District Health Unit and the Liquo?~'
Licensing Board of Ontario~ AND the Seal of the Oo~ati~ be hereto affixed.
'~ cm ~ ~lict o~ int- ·
~, erest, and all others
votir~ in fayour.
-9-
No. 51 - SCHISLER - ORR - RESOLVED that the Ministry of Municipal Afairs and
Housing, Plans Administration Division, be advised that the Council of the City
of Niagara Falls supports a one year extension only for the following
subdivisions:
NAME FILE NUMBER DATE OF EXTENSION
West Meadows
West Meadews Extension
Ascot Woods Phase III
Valley Way West
26T-74083 May 20, 1983
26T-76050 May 30, 1983
26T-75404 May 30, 1983
26t-76012 May 16, 1983
AND BE IT FURTHER RESOLVED that after one year, the plans should lapse with the
Ministry of Municipal Affairs & Housing and be re-sukmitted to the Regional
Municipality of Niagara; Ab~ the Seal of the Corporation be hereto affixed.
Carried Unaninously
No. 52 - SEE PAGE 10
No. 53 - CLMMINGS - DILTS - RESOLVED that the ~it prices suhnitted by ErrLie
Dam0re & Son Limited for the installation of underground services in the
Dorchester Village Subdivision - Phase I, be accepted at the tendered price of
$36,275.05; AND the Seal of the COrporation be hereto affixed.
Carried UnanimDusly
No. 54 - Ch'4v~lqGS - BAKER - RESOLVED that the unit price sutmlitted by F. Sacco
COnstruction CaL~any Limited for 1982 sidewalk repairs, be accepted at the
tendered price of $67,080.12; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 55 - CLI~4INGS - ORR - RESOLVED that the unit prices suhnitted by Norjohn
COntracting Limited for the surface treatment of roads, be accepted at the
tendered price of $158,814.00; AND the Seal of the COrporation be hereto
affixed.
Carried UnaninDusly
BY-LAWS
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Sc~arville, that
leave he granted to introduce the fo!~owing by-!awB, and the by-lawB be read a
first time:
No. 82-114 - T~nr.k'~
No. 82-115 - A By-law to amend By-law No. 79-200, ~ amended. (AM-7/82)
No. 82-116 - A By-law;to authorize the execution of an agreenent with F. Sacco
COnstruction Limited for sidewalk repairs.
No. 82-117 ~ A By-law ~0 provide for the appropriations for the year 1982.
No. 82-118 - A By-law to fix the rates of taxation for 1982 and to provide for
the levying of taxes.
No. 82-119 - A By-law to provide for the collection of taxes for the year 1982.
No. 82-120 - A By-law to authorize the execution of an agreement with Peninsula
Lawn Spray for broad leaf weed coatrol for certain culs-de-sac.
No. 82-121 - A By-law to provide monies for general purposes.
No. 82-122 - A By-law to authorize the execution of an agreement with Ernie
Damore and Son Limited for the cc~structicn of underground services
for the Dorchester Village Subdivision, Phase I.
No. 82-123 - A By-law to authorize the execution of an agreement with NorJohn
=Contract/ng Limited for surface treatment of roads.
- 10 -
- 11 -
Carried with Aldermen
Schisler and Orr
voting contrary on
82-117, and all others
voting in favour.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, That the
folloNing by--lawB be now read a second and third t/me.'
Tne Director Of Municipal Works suggested that the Regic~ be officially
requested to defer a decision on this matter at its June 3rd meeting, since City
Council would not be able to deal with a report until its meeting of June 7th.
It w~s moved by Alderman Cheesman, seconded by Alderman Orr, that Regional
Oouncil be requested to defer a decision on the proposed connection charges to
Regional watermains until the City Council has received further information from
staff. Carried Unan/mously.
PR/MESITE PROPOSAL
No. 82-114 - T~RIRn
NO. 82-115 - A By-law to amend By-law No. 79-200, as amended. (AM-7/82)
No. 82-116 - A By-law to authorize the execution of an agreement with F. Sacco
Construction Limited for sidewalk repairs.
Alderman Baker referred to oaltaents made by an official of Primesite
Develol~nents in the B.I.G. minutes regarding agreement by several large major
department stores to lease space in the proposal. Mayor Thc~son indicated that
there has ~ no confirmation of these cc~m~nts by the firr~ and it was his
understanding the information was incorrect.
No. 82-117 - A By-law to provide for the appropriations fee the year 1982.
No. 82-118 - A By-law to
the levying
No. 82-119 - A By-law to
fix the rates of taxation for 1982 and to provide for
of taxes.
provide for the collection of taxes for the year 1982.
No. 82-120 - A By-law to authorize the execution of an agreement with Peninsula
Lawn Spray for broad leaf weed cc~trol for cer~aln culs-de-sac.
No. 82-121 - A By-law to provide monies for general purposes.
No. 82-122 - A By-law to authorize the execution of an agreement with Ernie
Damore and Son Limited for the cc~struction of underground services
for the Dorchester Village Subdivision, Phase I.
No. 82-123 - A By-law to authorize the executic~ of an agreement with Norjohn
Contracting Limited for surface treatment of roads.
Carried with Aldermen
Schisler and Orr
voting contrary cm
82-117, and all others
voting in favour.
It was moved by Alderman Cheesman, seconded by Alderman Baker, that the
meeting adjourn to Cc~mittee of the ~hole. Carried Unanimously.
Cc~mittee Room #1
May 25, 1982
Council met on Tuesday, May 25, 1982 in Oa~sl, lttee Of the Whole following a
regular meeting. All members of O0uncil were present with the exception of
Aldermen Fera and Merrett. Alderman Orr presided as Chairman.
Follcwing consideration of the it~e~ ~resanted, the Comnittee of the Whole
arose without reporting. . - ~ ~ · · ,,,
SPECIAL OCCASIC~ PF/~MIT
C~,(unicetion No. 173 - F.B.I. Naticmal Acadeq ASsociates - Re.' Ontario Night.
The c~Le,unicaticm requests approval of a special occasion permit to be held in
conjunction with the Associatioe~'s training session, at the Optimist Club of
Niagara Falls On JuDa 28, 1982.
ORDERED on the u~ion of Alderman Kerrio, secce%ded by Alderman Cunmings, that
the request be approved subject to established policy. Carried Unanimously.
~ESOLUTION
No. 52 - KERRIO - ~S - RESOLVED that ~he F.B.I. National Academy
Associates be granted permission to conduct a beer and/or liquor concession in
conjunction with their Ontario Night on June 28th, 1982 at the Optimist Club of
Niagara Falls, 4751 Dorchester Road, subject to the approval of the Niagara
Regiorml POlice, the Niagara Falls Fire Departme%t, the Niagara District Health
Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Co~l~ratiOn
be hereto affixed.
Carried Unanimously
Council Chambers
May 25, 1982
Council reconvaned in fornal session on Tuesday, May 25, 1982, followin~
a neeting in Ca,~mittee of the Waole. All meshbets of Council were present with
the exception of Aldermen Fera and Merrett. His Worship, Mayor Thcmscn presided
as Chairman.
The ~eeting adjourned.
MAYOR WAYM8 TFKI~ON
s
~'M']TIETHM~-rlNG
C~u~ttee Room#1
June 7, 1982
Council met on Monday, June 7, 1982 at 6:30 in Cc~nl~ttee of the Whole. All
menbears of Council were present with the exception of Alderman Fera and Alderman
Merrett. Aldermmn Puttickpresided as Chairman.
Follcwing presentation of the items s ted, the Conmittee of the Whole
arose without reporting.
R~GULAR ~_~rING
MAYOR WAYNE THCMSON
Council Chambers
June 7, 1982
Council met on Monday, June 7, 1982 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present, with the
exception of AldermanMerrett. His Worship, Mayor Tbamscnpresided as Chairman.
Alderman PuttickofferedtheOpening Prayer.
ADOPTION OF MINUTES
ORDERED on the nDtion of Alderman Ctm, aings, seccaded by Alderman Dilts,
that the minutes of the meetings of May 17th and 25th, 1982, be adopted as
printed. Carried Unanimously.
pRESeNTATIONS
25-YEAR PLA~UES
His Worship, Mayor Thcmson presented 25-Year Plaques to Mr. S. Garritano of
the Parks & Cemeteries Department, Mr. O. Liraone of Perks & Cemeteries, Mr. S.
Multari of the Equilmp. nt Section, and Mr. H. Watson of the Water Department
Office.
MUNICIPAL NON-PROFIT ~DOSING - MINISTRY OF M/qICIPAL AFFAIRS & HOUSING
Report No. 350 - Acting Administrator - Re: Municipal' Non-Profit Housing, City
of Niagara Falls Assisted Housing Survey 1982 - Information Report. The report
advises of a presentatio~l to be made by staff of the Ministry of Municipal
Affairs end Housing respecting reasonable targets for the planning and provision
of assisted housing of various types over the next two to three years, end
covering all facets including funding, planning of the projects, method of
· forming a n~/nicipal ~on-profit corporation to mm3age non-profit units, etc.
The Planning Director introduced Mr. ~oy Holmes and Mrs. T. Jew of the
Ministry of Municipal Affairs & Housing. Mr. Holmes advised that staff of the
Ministry have been working for some time with the Planning Director in
determining the need for assisted housing in the City. After reviewing the
waiting lists of the local housing authority, and up(In the u/m~letion of the
Housing Need Survey by the City, the following statistics were determined:
Persuns capable of paying in the market place, but at the 1~ end of market -
58 Families, 1 Disabled Person, 74 Senior Citizens; Persons requiring rent
geared to inccmm - 140 Fan~lies, 33 Disabled Persons, 38 Senior Citizens - with
the (xm%bined total indicating a de~ of 344. Mr. Holnms stated that in order
to meet this d~,~nd, the Ministry has developed a p~,-oe~.-clm whereby housing can be
provided for persons who have difficulty ~x~ing in the market place. In some
.uaicipalities, the provision of this type of acua,~,~datim has been undertaken
by service clubs, h(~mver this has r~t occurred locally. The funds to develop
such a project would ~e borrowed in the market place, but would be subeidized by
C.M.H.C. to a write-down to 2% of the interest rate [aid. The Province has
uadertake~ to provide an equivalant a[~unt of funds in the event Federal funds
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proved to be inadequate in order to guarantee the continued viability of the
project. In the event both these sources of funding were inadequate to meet
operating costs, there is an agreement between C.M.H.C. and the Province that
both parties ~3uld ccne to the rescue with a joint sharing of subsidies.
Mr. Holmes referred to projects developed over the years to provide families
with rent geared to inccme acccmnodation, and the perceived difficulties the
Ontario Housing Corporation has had in these develoFments. Because of the
stigma attached to this type of housing, O.H.C. is not developing family units
to any great degree, and where it does, the projects are very small. In the
municipal non-profit approach, this type of image is avoided since not more than
25% Of the units would be for persons requiring deep subsidy, and the renaining
75% ~Duld be for persons able to pay low end of market. In this way, the
develoFment would not have a significantly different profile then any other
private rental develoFnents. Projects of this nature would be administered
locally by a nunicipal non-profit housing corporatic~ with a board of directors
culprised of members of Council and lay persons. Mr. Holmes indicated that
while these projects would be administered locally, it would not be necessary
for the municipality to eat up a bureaucracy to run then. For a fee, a
municipality can engage a professional to maintain the business. The Council of
the nunicipality ~Duld have the final Say in administration of the project.
Mrs. T. Jew of the Ministry Of Municipal Affairs & Housing provided a
description of the nmicipal non-profit program. The objectives of the pregnm
were - to ensure that an adequate number of low and mcderate-inccme housing
units are started annually; to make the fullest possible use of private capital
funding frcm approved lending institutions to reduce the demand on goveLxment
funds; to build rental accamrcdation for a variety of household inccmes, giving
lc~;-inccme residents a greater upportunity to hecate part of the general
cuL,~unity rather than providing develof~Lents occupied SOlely by rent-geared-to-
inccme tenants; to give municipalities greater flexibility in planning and
administering projects which best fill their needs; to enable a nunicipal
non-profit corporation to either build or acquire housing, depending cn which is
the most econcmltoal; and to ensure energy conservation measures are incorporated
into project designs. Mrs. Jew indicated that up to 25% of the units in a
municipal non-profit develoFment for families may be allocated (m a rent-geared-
to-inccme basis. In senior citizen projects, up to 50% of the units may be
assigned to seniors in need of rental assistance. The remaining tenants in both
cases would pay market rents. In regards to financial assistance, Mrs. Jew
stated that grants of up to $5,000 are available for ntmicipalities to assess
the viability of a nunicipal nal-profit project. There are interest-free loans
for up to 1.75% of estimated project costs for administrative end develolmBnt
costs. Additional interest-free loans for technical consultants' fees may alSO
be approved, subject to program criteria being met. National Housing Act
insurance is available en mortgage loans fren NHA-approved lending institutions
such as banks, trust end insurence oa~anieS. 'FOr m]nicipal non-profit
corporations, the mortgage loans would be up to 100% of the lending value of
acquired accu~,,udaticn ou new projects. There is also en annual Federal rent
reduction grent to help offset operating lossas. This grant has the effect of
reducing the effective interest rate applied to approved capital projects to 2%
over a 35-year loan amortization period. The Province offers en additional rent
reduction grant of up to 100% of the Federal ~at reduction grant if required to
offset c~erating losses. Mrs. Jew then outlined the various stepe involved in
the develqunent of such a pruject, from the pre-developmmt [base through the
tender call and construction develol~nent phase, leading to the management phase.
Mrs. Jew, Mr. Holmes and the Planning Director l~rovided additional
information in response to a ranher of questiam raised.
FOllowing further cu,.~ent, it ~as moved by Alderman Cheesman, seconded by
Alderman Baker, that staff be directed to investigate the program further and
report hack to Council providing further details. Carried Unanimously. ·
DEPUTATION
PINE RIDGE COR%,~.Yr.: CY.B OF O~HAWA - MONTE CARLO EVMNT
Mr. K. Crumble of the Pine Ridge Corvette Club of Oshawa, was granted
peMssion to address Council cn the n~ticn of Alderman Cheasman, seconded by
Alderman C~gs. Mr. Crcmbis advised that three years earlier, the various
Corvette Clubs decided to beccms involved in assisting the 8ptna Bifida and
Hydrocephalus Asscciatic~ of Ontario, in order to raise funde for research,
trsetmelt and educatiel of the [ublic shout this o0r~ition. Various fund
raising activities have bern arranged throu~ the Province, and the Clubs
3
have been able to contribute $150,000 in cash register tapes and $30,000 in cash
to the Association. Mr. Cranbie indicated that the Canadian Council of Corvette
Clubs would be holding its seventh annual conference in Niagara Falls at the
Sheraton Brock Hotel fran July 31st to August 2nd. It had been proposed to hold
a Monte Carlo Night during the conference at the hotel, with all profits going
to the Spina Bifida and Hydrocephalus Association of Ontario. The event would
only be Open to persons registered at the conference. Mr. Crcmbie advised that
over seven handred people are hooked at the convention, and including the
various activities that have been planned for the weekend, a considerable amount
of money would be spent locally. Since the City Clerk' s office would not grant
permission for the Monte Carlo event, Mr. Crcrabie indicated that he was
requesting Council' s approval for the necessary licence to be granted.
Mayor Thomson explained that the policy adopted by the City was that
licences for MOnte Carlo events would only be granted to charitable
organizations that have been in operatic~l for at least five years in the
~unicipality. The Mayor felt that the application by the Corvette Club was
scmewhat different in that the event would only be open to registered
participants of the convention.
Alderman Dilts agreed that the request of the Corvette Club was differant
fran previous applications, when the concern had been that the proceeds fran the
event %Duld be leaving the Municipality.
Alderman Cummings suggested that the matter should be dealt with by the
gambling/gaming monitoring ccranittee of the Social Planning Council in view of
that c~mattee's involverent in this type of request in the past.
Alderman Puttick suggested that the proceeds of the MOnte Carlo event be
held in a type of trust account until after the event and the expenses are
audited, as a means of protection for local charitable groups.
Alderman Jenvary pointed cut that the MOnte Carlo event was strictly for
the entertainment of the psrsous participating in the conference, and that all
funds were going to a worthy cause.
Follc~ing further eu,,~ent, it was moved by Alderman Dilts, seconded by
Alden,~n Orr, that the request be approved. Carried Unanimously.
UNFINISHED BUSINESS
P~3POSED CLOSING OF PART OF PARK STREET - FLEA MARKET
Report No. 351 - ACting Ac]ministrater - The report recu,,,ends that the request
of Olde Country Antiques for permission to close a portion of Park Street for
the purpoee of exhibiting antiques, be approved on a trial hasis for the next
four Saturdays, oal,,encing June 12th, 1982, and passage of a by-law to provide
for the ten[orary closing. '-
In response to a question raised, the Deputy City Clerk advised that the
only cost involved to the City would be in supplying the barricades at first.
After that, the o~ner has agreed to remove the barricades, store them at the
· rear of his business and re-erect them himself for the next weekend. In
response to a flirther question, Mayor Thcnsm felt that the road closing should
be advertised in the local press.
ORDERED on the raption of Alderman Orr, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
A number Of itei~ were brought forward for consideratim at this t/me.
Cc/~,,unioation No. 174 - Dr. S.W. Dobbin - Rez Referendun on Nuclear Disarmament.
The ~u,.~unication requests that Council reconsider its decision to exclude a
statement a~ the military use of nuclear weapons f~un the upcening nmicipal
election hallot.
Cca~lunication No. 175 - Operation Dienantle - Re~ Referenrich on Nuclear
Disarmament. The cu,e~unication requests that e0uncil petition the Provincial
GOVe~a,et to ~ existing legielatic~ and allew municipalities to include a
refereedun on nuclear disarmament cn the hallot in the upcoming November
n~nictpel elec, ti(m.
4
Dr. Dobb/~l advised that in representing emergency medical services in the
City, he wss involved in the planning end preparation for sudden e~ergencies.
Dr. Dobbin felt that as far as a nuclear attack disaster was concerned, the only
cure was prevention. Since Niagara Falls is the major source of power to a
large concentration of populatic~ in North America, it is likely that the City
is in the n~m~ber one strike zone for all of Canada. Dr. Dobbin stated that any
attack with a weapon greater than five kilotc~ would render emergency response
as zero, hoNever the explosive devices manufactured at this time ere in the
fifteen to twenty kiloton range. For this reason, Dr. Dobbin requested that the
City add its voice to the thousands all over the world requesting nuclear
disan~m~ent.
Mayor Thcmson advised that the Administrator had been dealing with the
Province regarding the legal problems involved in including a nuclear
disarmament referend~n c~ the Novenber ballot. The Mayor suggested that the
City send a letter to the Province requesting an appropriate amendment to
existing legislation that ~Duld [ezmit nunicipalities to include this question
on the ballot.
ORDERED on the nx)tion of Alderman Janvary, seconded by Alderman Cheesman, that a
letter be sent to the Province asking for a change in legislation to permit a
municipal ballot on nuclear disarmament in November. The notion Carried with
Alderman Baker voting contrary, and all others voting in favour.
Report No. 333 - Acting Administrator - Re: Proposed Zoning Amendment
A~plication kM-22/81, F. Calaguiri (Oakwood Auto Body), 7848 Oakwood Drive. The
report rec~,.,~nds that the application be approved when all o~atrolling
regulations have been complied with and with the rider that Co~mcil make a
decision on any action to be taken since the Planning & DevelopLent C~l~,,~ttse is
not satisfied with the existing situation ara further, that the application be
subject to Sits Plan Control.
Mr. J. Rocca, solicitor for the applicant, ~ granted permission to
address Council on the motion of Alderman Cunndngs, seconded by Alderman
Chensman. Mr. Pr~ca advised ttmt Mr. Calaguiri had been experiencing savere
financial difficulties in his construction business, and ~ lk~en forced to take
drastic measures in order to support his family. If Mr. Calaguiri bad followed
the proper procedure for rezoning and an extension to ttR building, bir. Roeca
felt tlnt both applicaticsls would tk~Ve bad SC~R n~_rit, and few objections would
have ~ received. It was pointed ~ that Mr. Calaguiri had suffered scn~
degree of public h~liation as a result of his actions, and Mr. ~occa asked
Council to consider the ccnsequences of not allc~ing the operation to continue.
Mr. ~occe also indicated that FT. Calaguiri was ~illing to cutply with the
requiren~.nts of the City, and on tint basis asked tlklt the applicatic~l be
approved. Fro. Roeca provided additi~l information in restxznsa to a number of
questions raised by Aldemnan Orr c<mcerning complaints sbe had received fran a
custclner of Far. Calaguiri's auto body business.
Considerable discussic~ tuck place on this totter, during which time
members of Ooun=il expressed their concern over Mr. Calaguiri's failure to
follOw proper procedures lx)th in 0btahing a hlilding permit for the. exterusioja,
and in operating the kusiness contrary to the zoning by-law.
Follcxdng this discussion, it was hi)red by Alderman Fera, seconded by
Alderman Farrio, that the apl)licant be given sixty dales to- u~tply ~rith the
City's reqllirenents, including a site plan, axxt that a decision be rode at the
conclusion of that time on the rezoning application. The if, Dtton Carried with
Aldermen Dilts and Orr voting c0~trary, and all others votilx3 in ~
Report No. 352 - Acting Administrator - Re: F~uposed Amendment to the Sign.
By-law - Carlos O'Brian's Dining Lounge, 5645 Victoria Avenue. The report
recu,.,~lds approval of an increase in the n~ eree for a %all sign at Carlca
O'Brian's Dining L(~ulge, 5645 Victoria Avenue, frcm 150 square feet to 200
square feet.
ORD~ID on the motion of Alderram C~, eaccnded by AIdeman Dilte, that the
report be received and adopted. Carried Unanimously. :
-5-
It was moved by Alderman Puttick, seconded by Alderman Kerrio, that the
report dealing with negotiations with Local 528, Niagara Falls Professional Fire
Fighters that was considered in Committee of the Whole, be brought into formal
session for discussion. Carried Unanimously.
Report No. 353 - Personnel Officer - Re: Negotiations with Local 528, Niagara
Falls Professional Fire Fighters. The report ~ds acceptance of the
following terms of settlenent for the 1982 collective agreement with Local 528,
Niagera Falls Professional Fire Fighters: 1) Saleries - 9.6% January 1/82;
2.305% July 1/82 (First Class Fire Fighter End Rate $29,665): 2) Life Insurance
Benefits - Accidental Death & Dismemberment (A.D. & D. ) effective July 1/82;
3) Safety Footwear - $45.00 per annun tow-urds the cost of Safety Footwear for
Fire Prevention Personnel; and 4) Ontario Fire College Allc~rance - Increase frc~
$30.00 to $45.00 per week; representing a to~] package cost of $295.685.00 or
10.96% settlement.
NOTE: Alderman Orr retired fr~ the ~eting.
Mr. D. Shapton Of Local 528, Niagara Falls Professional Fire Fighters, was
granted permission to address Council on the notion of Alderman Cunmdngs,
seconded by Alderman Fara. Mr. Shapton indicated that the Fire Fighters had
ratified the Memorandum of Settlement which had been agreed to by the two
negotiating c(a~m,.~ttses. Mr. Shapton asked for confirmaticu of the decision
reached by Council in Cc~wnittee of the Whole, to reject the settlement.
Aldek]tnn Chee~nan indicated that the settlement had been rejected by Council in
Cc~nittse of the Whole.
Oonsiderable discussion tnok place on the suggested settlement, during
which time the members of Council expressed their views on the 10.96% package in
ccmparison to 9.5% increases granted to Local 133, C.U.P.E. and the non-union
employees for 1982. It was pointed out that while the staged increase would
cost less in 1982, the City ~x)uld be faced with the full cost in 1983. Concern
Was expressed that the public be. aware that the actual annual cost of employing
a first class fire fighter, including benefits, could reflect an et
additional 30% in labour cost. Reference w~s also made to the fact that if the
matter went to binding arbitration, the City could stand to face an even higher
increase in costs should the arbitrator grant a more favourable settlement to
the Fire Fighters.
Mr. Shapton outlined the Association' s justification for requesting the
1982 settlement as ccepared to settlements granted elsewhere in Ontario for
~mlicipalities of a similar size. Mr. Shapto~ also indicated that the
Association would have been willing to accept other alternatives for a
settlement - 1) parity with the police, 2) cc~parable saleries to those paid is
St. Catharines, and 3) a lerger split percentage that would give parity with the -
police.
Additional information was provided by the Personnel Officer in response
to questions raised on actual labour costs, and the various alternatives
outlined by the Association. ~
Following further ~t.,ent, it W~S moved by Alderm~n Puttick, seconded by
Alderman Cumings, that the report be received and adopted and the sett!emBnt as
outlined be approved. The motion ~as Defeated with the follOwing vote:
AYE: Aldermen Ckmm~ngs, Fera, Puttick and [~sas~an.
~NAYE.. Aldermen Dilts, Baker, Janvary, Schisler, Kerrio and Scmerville.
It was then moved by Alderman Dilts, seccaded by Alderman Kerrio, that the
Persormel Officer review with Oouncil the three alternatives outlined by Local
528, Niagara Falls Professional Fire Fighters. The motic~ Carried with the.
follc~ring vote{
AYE{ Aldermen Dilts, Fere, Janvary, Kerrio and Somerville.
~___~ Aldermen Cumnings, Baker, Puttick and Schisler.
Report No. 354 - Acting Admiv_tstrator - Res Insurance Claim - Derek Holmes.
report provides information on t~ subject claim, and reec~,i,~nds that the
Municipality take no further action respecting the claim.
The
Mayor ~tlu,.on indicated that Mr. HohlBS was unable to attend, ~ requested
that the matter be tabled for two
0RD~I~ED on the motion of AldernRm Baker, seconded by Alderman Kerrio, that the-
report be tabled for two weeks. Carried Unaninnmly.
Ccmmm~ication No. 176 - Downtown Board of Management - Res ~gage~ of CAUSE
Tesn. The cu,,,unicatim ~dvises that the Board has engaged the services of a
~USE" tssm (C~t,,unity Assistance for an Urban Study Effort) to study proble~B
in the Dc~ntcwn area ana mmke re~,,,~aations to City Council.
0Pa~RSD m the Eff, ti(2n Of Alde~tu~ C~tmtangs, secelded by Alderm~n Baker, that the
~mmmication be received end filed. Carried Unanimously.
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Oamunication No. 177 - Downtown Board Of Management - Re: Re-Assessment of
Queen Street Businesses. The cumunication requests that City Council consider
an equalizatic~ of the oa,~-ercial assessments in the City.
Mayor Thcmscn and the Acting Administrator provided additional information
in response to a nunber of questions raised.
ORDERED on the motion of Alderman Cunmtings, seconded by Alderman Kerrio, that
the matter be referred to staff for preparation of the necessary informatic~ to
be brought beck for Council' s consideration. Carried Unanimously.
Council resuned dealing with the Council agenda in its original order.
UNFINISHED BUSINESS
4975 KINCaTON STR~sr
Report No. 355 - Acting Administrator - The report advises that an order to
demolish by June 24, 1982 has been served on the owner of the subject property,
and if not demolished by that time, Council will be asked to grant permission to
have the buiding demolished.
ORDERED On the n]Dtion of Alderman Cunxnings, seconded by Alderman Baker, that the
report be received and filed. Carried Unanimously.
PURCHASE OF ADDITIONAL PROPERTIES FOR RIVER ~3AD ~VFRANCE - P~ITE PROPOSED
CITY C~I~TRE DEVRIn~M~NP
Report No. 3r~- ' ' ' - The report rec~,,,ends passage- of a
properties in accordance with the property descriiYcic~s, estimated costs of
acquisition and clearance to be sent as a schedule to the Minister; that the
foregoing costs associated with the purchase and clearance of the subject
properties be ccfisidered as eligible expenditures under the Ontario Downtown
Revitalization Progranme; and that staff be authorized to prepare a schedule of
the properties proposed to be acquired for transmittsl to the Minister-.
ORD~XED on the motion of Alderman Fera, seccmded by Alderman Cunndngs, that the
report be received and adopted. Carried Unanimously.
OIPMUNICATIONS
No. 178 - Niagara Falls Minor Boys Softball Association - Re: Special Occasion
Permit. The c~,.Lunicetion requests that Council approve of a special occasion
permit in coajunction with the NHL SloPitch Tournament at Ker Perk on June 25,
1982.
ORDERED on the motice% of Alderman Cunmttngs, sec(mdad by Alderman Baker, that the
request be approved subject to established policy. Carried Unanimously.
No. 179 - Mr. D. Peterson, Leader of the .O~.o. sition - Re.' Provincial Budget.
The c~,~unication encourages the Municipality to forward its analysis of the
impact of the ~udget an the City.
ORDERED on the motiota of Alderman Kerrio, seconded by Alde&.~n Fera, that the
cu,.~unicaticm be 'referred to the Finance Cca,z,,ittee. Carried Unanimously.
No. 180 - Niagara Falls Minor Hockey ASsociation - Re, Special Occasion Permit.
The cu,.,~nicatio~ requests approval of a special occassice permit 'in c(mjunction
with the NHL SloPitch Toutmanmnt events to be held at the Niagera Falls
Memorial Are on June 25th and June 26th, 1982.
OPaER~D on the motion of Alderman Cunmings, seconded by Alderman Baker, that. the
request be approve] subject to established policy. carried Unanimously..
No. 181 - City of Port Colberne - Re.' Quotas for Shoe Industry. The
c~i,unication requests endorsement of a resolution respecting quotas for the
shoe industry that %uuZd ensure J~bs within the shoe industry are ~x~4~wced and
~o nmin~ain this viable industry in Canada.
ORDERED on the motion of Alderman Fera, secoPaed by Alderman Cunm~ngs, that the
resolution be endorsed. Carried Unanimously.
No, 182 - Indian Defeme League of America - Rez USe of Brid~e Street Park. The__
c~,,,unication requests permission to use Bridge Street Perk fur the lx=10ose of
~ ~,, ~ assem%bling, for the aulual border croesing parade cfi july 17, 1982.
~D on the motion of Alderman 8chisler, secc~dad by Alderman Fera, ,that the
"~! re~e. st be _~. subject to similar sl~ being d;)ta/ned f~'~z~ the,Pagimml
;~i, i , ' ci~ality of uia~ja~a. c~ied unen.in:~a].y.
-7-
No. 183 - United Nations Association - Re: Annual Membership Fee. The
cu~unication requests payment of the annual membership fee of $50.00 for 1982.
0RDERED on the motion of Alderman Chees~an, seconded by Alderman Baker, that the
1982 membership fen be paid. Carried Unanimously.
No. 184 - Mr. & Mrs. R. Ballinger - Re: Proposed MDtorcycle Paceway. The
cu,,,unication expresses opposition to a proposed notorcycle racetrack in the
King Road erea, and that a broader definition of the use of "sports and
recreation" under the zoning by-law be defined.
Alderman Somerville indicated that the residents in the area would be
pursuing a change in the by-law to prohibit such uses in the future. Mayor
Thomson indicated that staff were investigating this matter as well.
ORDERED On the ion Of Alderm~n Scmerville, seconded by Alderman Fera, that
Mr. and Mrs. Ballinger be advised that at a meeting held on June 1, 1982, the
developer of the motorcycle raceway had indicated ha would not be proceeding
with the proposal. Carried Unanimously.
No. 185 - Federal Business Develotment Bank - Re: Small Business Information
Week - OCtober 24th - 30th, 1982. The c~l,~unication requests that the week of
October 24th - 30th, 1982, be proclaimed as Small Business Information Week in
Niagara Falls.
ORDERED on the n~tion of Alderman Kerrio, seconded by Alderman Baker, that the
request be approved subject to established policy. Carried Unanimously.
No. 186 - Mr. & Mrs. R. Constantinides - Re.' Walkway from Ares Court to Papal je
Crescent. The c~ax.~unicatic~ asks that the special ccemittee dealing with
existing walkways proceed with the installation of proper lighting and bars
across the entrance to the subject w~lkw~y.
,ORDERED on the motion of Alderman Cu~nings, seconded by Alderman Fera, that the
c~i~,unication be referred to the Special Walkways Cc~mattea. Carried
Fnanimously.
~o. 187 - Greater Niagara Softbell ASsociation - Re: Special Occasion Permit.
phe cul,~unication requests that Council approve of a special occasion pannit in
~onjunction with the 13th Annual Niagera Invitational Fastball Tournament to be
held at Ker Park frcm July 30th to August 2nd, 1982.
ORDERED on the nution of Alderman Cu~raings, seconded by Alderman Somerville,
~at the request be approved subject to established policy. Carried
Unanimously.
,~o. 357 - Acting Administrator - Re: B-120/82 for A. & A. Pancza on Prospect
Street. The report recfmmBnds that the $850 general service charge in~osed a a
~)ndition of approval for the subject application be waived by the City.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 358 - Auting Administrator - Re.' Draft Plan 26T-76042, FOrmer Distribution
Centre Lands. The report rec~aluends that the Ministry of Municipal Affairs and
Housing be informed that-the City is agreeable to the Draft Plan approval being
~llowed to lapae and the file closed on this plan.
DRDERED on the motion of Alderman Fera, seconded by Alderman Sohislar, 'that the
report be received and adopted. Carried Unan/mously.
~o. 359 - A~tin~ Administrator - Re.' Release of Lots in Block "J", Plan M-29,
~0unt FOrest Subdivision (Now Plan M-76, MDunt FOrest Mark III Sutx]ivision).
· ne report recutatends that all lots within Block "J", Plan M-29 (which nc~ form
Plan M-76) be released frum the terms of the subdivision agreement between the
City and Taro Properties Incorl~orated dated the 20th day of Novenber, 1974 and
registered the 30th day of April, 1975 as Instrtm~nt No. 232482, as amended by
~n agreement dated the 29th day of August, 1975 and registered the 1st day of
Dctober, 1975 as Instrunent No. LT-2013, for Registered Plan M-29.
3RDM~ED On the motion of Aldemnan Curehinge, seconded by Alderman Baker, that the
ort be received and adopted. Carried Unanimously.
~. 360 - Acting ~&~ninistrator - Re.' Tenders for One-Man Garbage Packers. The
-report rec~,,~ends acceptance of the tender sukmttted by Relgi~n Standerd
~ndustries Ltd. for the supply of two Shu-Pak c~e man garbage packers taunted on
Internatic~al chassis' in the am3unt of $149,714.40.
Alder~Bn Jm~vary questioned the sulm%~ssion of a late tender. Meyor Tnceon
~dvised that the !te~aer h~d been delivered by courier after the tender had
3RD~RED on the tootie1 of Aldernmn Dilte, seconded by Alderman Fare, that ~he
re~ort be received and adolYced. The i,~:-lon Carried with Aldernmn Janvary VOting
~mtrary, and ~11 others voting in fayour.
8
No. 361 - Acting Administrator - Re: Construction Agreement with Ontario Hydro
for Paul Theil Associates Onippawa Flood Relief Storage Tank Installation. The
report reeam~nds that Council pass the appropriate by-law authorizing execution
of a Construction Agreenent with Ontario Hydro relating to the subject works.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the
report be received end adopted. Carried Unanimously.
No. 362 - Acting Administrator - Re: Connection Charge for Regional Watermains
((31ippava Parkway). The report reeamends that the City request the Regional
Municipality of Niagara to delete any reference to "retroactive charges" in
dealing with their connection charges to Regional waterma/ns proposed policy.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Cun~ings, that the
report be received end adopted. Carried Unanimously.
No. 363 - Municipal WOrks C~/t.~ttee - Re: Tire Purchases - City Fleet. The
report outlines certain rec<aa~endations with respect to the purchase of tires
for the City Fleet.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried Unaninuusly.
No. 364 - Municipal Works C~.,{ttee - Re: Whirlpool ROad Bridge. The report
recul,~ends.' 1) That the City's consulting engineers, DelCan, De Leu~ Cather,
Canada Ltd., be instructed to proceed ]z[nediately with the final design for a
new bridge within the existing right-of-way and taking adventage of whatever
reali~k~lent possibilities are possible.
ORDERED On the motion Of Aldenuan Dilte, Alderman Sceerville, that the report be
received and adopted. Carried Unanimously.
No. 365 -'~unicipal Works C~l~,~ttee - Re: Lawn Grubs. The report outlines
information respecting the presence of lawn grubs in the City, and recu,,~ends
that the possibility of corrective action for City medians end other appropriate
areas be considered for financing in the 1983 budget.
ORDERED on the motion Of Alderman Dilte, seconded by Alderman C~,~dngs, that the
report be received and adopted. Carried UnanimDusly.
rl~e~6r- ' ' ' m' - Re: Dust Proble{n at Badminton Club. The
Badminton Club in the financing of a dust control application cn the Club' s
parking lot, using a new material known as "bond-all", cn the clear
understanding that this dust application is being made cn an experimental basis
end does not set any precedent for future applications.
ORDERED on the nution of Alderman Dilte, seconded by Alderman Cheesman, that the
report be received and adopted. Carried Unanimously. ~
No. 367 - Acting Administrator - Re.. Niagara Falls Hydro's Proposed Service
Centre on the West Side of Pin Oak Drive. The report recu,,~ends: 1) That the
Subdivision Agreement between Cambridge Leasehold Limited, the City, the Region
and other interested parties be amended to provide for release fr(mn the
requirerent of Clause 20(d) with respect to a further subdivision agreement for
developrent of lans within Block "B" of Registered Plan M-40 only for those
lands proposed to be servered frcen Block "B" of Plen M-40 end oznveyed to
Niagara Falls Hydro; 2) that the appended draft technical report to the Land
Division C~a,,,,[ttee be endorsed by City Council; end 3) That a report similar to
the technical report be fozwarded to the Planning & Develolmmnt Oa,,v{ttse for
consideration in conjunction with the necessary rezoning application.
Mayor Th~fdon and the Director of Municipal Works provided additional
information on the matter in response to a number of guestions raised.
ORDEMED on the motion of Alderman Ckzmdnge, sec~]ed by Alderman Dilts, that the
report be received end adu~:ed..Carried Unanimously.
by Abel1 Weco Ltd. for exterminatim of rats, gro~x~ and skunks in the City
for one year eu,,,encing July 1, 1982.
ORDERED on the nutlon of Alderman Ckamnings, seconded by Alderman Dilts, that the
report be received and adopted and a copy forwarded to the Htmane Society for
information purtxlees. ~vTied Unanimously.
No. 369 - Acting Administrator - Re: Annual Spring Clean~ Campaign. The
report Wevtdes info&,~ntion on the annual .~.]ng cleanup beld recently.
OMD~ED ~n the morton of Alderman Fera, Memxlet t~ Alderman Cunmings,, that the
report be received and filed. Carried Unanimously.
9
No. 370 - Finance Cu~,,{ttee - Re: Finance Ccrmittee Reports. The report
recun~ends - 1) That the attached report of the Promptions Coordinator
regarding the SloPitch Classic be received for information and filed; 2) That
one person be transferred from the Parks function in order to provide assistance
for the weed inspector for the next few months; 3) That the bid of $12,731
submitted by Lou Brazeau & Sons to carry out Part "A" renovations to the second
floor window area of the Onippawa Fire Hall be accepted; 4) That the City
purchase $50 worth of Trade Dollars for its use in 1982; 5) That effective
July 1, 1982, the rate charged for water hauled by tank trucks will be at the
e gross rate charged by meter for ccnxnercial and residential users
(presently $1.38 per 1000 gallons) and that future meter rate increases apply
autc[natiOally in the case of vater for tank trucks; and 6) That the Niagara
Falls Badminton, Tennis and Lawn Bowling Club be given a grant for taxes in 1982
subject to approval by the Province of the application for a non-profit
organization status for the Club ($4,303).
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cun[Eings, that
the report be received and adopted. Carried Unanin~usly.
No. 371 - Acting Administrator - Re: Municipal Accounts. The report reccrm~nds
payment Of the nunicipal accounts.
Additional information w~s raised on Oneques #10044, #10072 and #10117 in
response to questions raised.
ORDERED on the motion of Alderman Oneesman, seconded by Alderman Fera, that the
report be received and adopted. The motion Carried with Alderman Cunmings
abstaining on Cheque #10036, and all others voting in fayour.
No. 372 - Acting Administrator - Re: Building & Inspections Department Report
for May, 1982. The report provides current news relative to permit statistics,
develol~nent proposals and any other noteworthy data that has emerged during the
period covered by the report.
ORDERED on the nx~tion of Alderman Kerrio, seconded by Alderman C~muings, that
the report be received and filed. Carried Unanimously.
No. 373 - Acting Administrator - Re: Property Standards By-law 74-204, Mr. J.
Graaskamp, 4767 Queen Street. The report advises that the Court has dismissed
Mr. Gr~a~kamp's for a stay and awarded the City its legal costs on the motion.
In this regard, the City will n~N be carryirg out the recorm~_ndations adopted by
Council on April 19th, 1982 under the direct/on of the City's Property Standards
Officer.
ORDERED on the motion of Alderman Chee~nan, seconded by Alderman Kerrio, that
the report be received and filed. Carried Unanimously.
No. 374 - Acting Administrator - Re: Repairs to Punps end Motors for the
Fountain end Pool in Centennial Square. The report reeamends payment of the
amount of $1,203.50 in favour of J & S Refrigeration for repairs to the pumpe
and motors used in the operation of the reflecting pool in Centennial Square.
ORDERED On the motion of Alderman Cheeenan, seconded by Aldemnan Cunnings, that
the report be received and adopted. Carried Unanimously.
No. 375 - Acting Administrator - Re'. P~ut~rty Standards By-law 74-204, Mr. J.
Syms, 2674 St. Paul Street. The report rec~a,~nds under clause (a) of
sub-section 7.10.4 of By-law 74-204, that the Corporation retain a wrecking
contractor to forthwith c~,~lete the work which Mr. Syms was directed to carry
out under the Order given March 29, 1982 end that pursuent to sub-section 7.10.5
of said By-law 74-204, any expense incurred by the Cor[oration, its servents or
agents in carrying out the work aforesaid be recovered in a like n~nner as
municipal taxes.
ORDERED on the motion of Aide Cunmdngs, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
No. 376 - Acting Administrator - Re.' Property Standards By-law 74-204, Mr. W.
Lent, 3918 Bridgewater Street. The report recu,,,ends under clause (a) of
sub-section 7.10.4 of By-law 74-204, that the Corporation retain a disposal
service to forthwith cu,~lete the work which Mr. Lent was directed to carry out
~nder the Order given Decenber 12, 1981, and that pursuant to sub-section 7.10.5
of said By-law 74-204, eny expense incurred by the Corporation, its servents or
agents in carrying out the work aforesaid be recovered in a like manner as
municipal taxes.
ORDERED on the ~tice~ of Aldenn~n Oamdnge, seconded bF Alderman Dllta, that the
report be received and adopted. Carried Unanimously.
No. 377 - Acting Ac%mtnistrator - Re.' Neighbounhoud Improvement Program -
W~x~ine. The report reoa,,,exls passage of a by-law to areera the redevelolm~nt
for the Woodbine Are.
0RD~ m the i-~,Lton of Aldei~,a~ Kerrio, eec0nded by Aldexman Fera, that the
re~ort be received and adopted. Carried Unanimously.
- l0 -
No. 378 - ~ Review Cc~mittee - Re.. Applications for Assistance. The report
recuLzlends approval of nine applications for assistance received under the
Ontario Home Renewal Program.
ORDERED on the motion Of Alderman Cunm~ings, seconded by Alderman Puttick, that
the report be received and adopted. Carried Unanimously.
No. 379 - Acting Administrator - Re: Lions Recreation C~lex - Wading Pool.
The report rec(mmBnds passage Of a by-law providing for an agreenent to be
entered into betwean the City and the Lions Club resl~ecting the construction of
a wading pool at the Lions Recreation Cca~plex.
ORDERS3 on the motion Of Alderman Kerrio, seconded by Alderman Cunmdngs, that
the report be received and adopted. Carried Unanimously.
No. 380 - Acting Administrator - Re: City of Niagara Falls Plan for Peacetime
Disaster. The report recQl~,ends that Council approve the Revised Edition - 1982
of the City Of Niagara Falls Plan for Peacetime Disasters.
ORDERED on the motion of Alderman Cumnings, seconded by Alderman Dilts, that the
report be received and adopted and a copy forwarded to the Social Planning
Council for information p~es. Carried Unanimously.
No. 381 - Alderman Janvary - Re: Canada Week Celebrations - Proclamation. The
report reccemends that Council approve the proclamatic~ of the period of June
18th - July 4th, 1982 to ancourage residents to suitably observe Can~'da Week.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Schislar, that
the report be received and adopted. Carried Unanimously.
No. 382 - Mayor Th~,~on - Re: Cc~fi~i,~tion of Appointment of Chief
Administrative Officer and City Clerk. The report reoa,.,ends that Mr. J.L.
Collinson be appointed as Chief Administrative Officer of the City of Niagara
Falls effective Jme 1, 1982 at a salary Of $49,245 per annum, being the minimum
of the range for the position; that Mr. P.J. Brennan be appointed City Clark Of
the City of Niagara Falls effective June 1, 1982 at a salary of $37,670 per
annum, being the ~ of the range for the position, ara passage of by-laws
providing for theas appointments.
Alderman Puttick indicated that he ~as opposed to the recu~eLendation
respecting the Chief A6ministrative Officer for several reasons.. 1) The fact
the appointment of the Chief Administrative Officer ~Duld represent an increase
of 14% on top of the 9.5% increase be bad received effective January 1, 1982,
particularly when one considers the fact the City rejected a 10.96% increase for
the Fire Fi~ters; 2 ) There should be a c(mtract for any persm holding this
poeition; 3) That there was to be. a system established of analyzing the
performm~3e of all senior staff, ara h~ could the 14% increase c~ top of the
9.5% be justified during the learning process for the [x3sition.
Mayor Thcmso~ stated that Mr. Coilinsert had performed the duties of Acting
Chief Administrative Officer for eight mc~ths and during that ~eriod had
received no ,aaattional reuneration despite the fact be accepted the
respousibilities of the position. It had been the deciai~ of Council to accept
this period as the learning period and that there would be w co~ematic~ over
that period. The Mayor also felt that the annual increase granted all employees
should be c~lsiderad in the salary adjustment that coincides with a pr(mDtion. '
Alderman Sckisler stated that the adjustment in salary should not be
considered as an additiceal raise, but as rewneraticn for the increased
reqxmsibilities kDth ~,~loyees would be accepting.
Alde~.~n Ctmmings suggested that if the position had been advertised, the
City could have ended ~ paying more for another l~rscn hired. The Alderman
also pointed out that both ihdividuals have been with the City for scme time,
and if a ua,~letely new persa] were hired, the learning ~Lucess would have been
that much lelger.
Alderman Kerrin stated that of the ~ree reasons outlined by Alderman
Puttick, be could only see ale valid ~oint - that being the calftaut, Which.was
camidered and rejected by Council.
Following further ~,,,~nt, it was moved by Aldenran Qmwnings, escaped ~
No. 56 - Ca4~1~8 - BA~R - Pa~3LVED that the Niagara Falls Miner Boys SOftball
Assoeinticn ~e 9ranted permission to c,:x,3a.m'c a beer concession in conjunction
with their N6H.L. 8lo-Pi~oh Tournammt on J~e 25th, 1982 at Ker Park, subject
to the aj~-g~al of the Niagara l~i~, Pol_i~ ~eNiagara Falls Fire
- 11 -
Department, the Niagara District Health Unit and the Liquor Licensing Board of
Ontario; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 57 - ~GS - BAKER - RESOLVED that the Niagara Falls Minor Hockey
Associatio~ be granted permission to conduct a bar concession in conjunction
with their N.H.L. SloPitch TOurnament Luncheon on June 25th, 1982 and their
N.HoL. SloPitch Tournament Dance on June 26th, 1982 at the Niagara Falls
Ms~Drial Are subject to the approval Of the Niagara Regional Police, the
Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor
Licensing Board of Ontario; AND the Seal of the Corporaticn be hereto affixed.
Carried Unanimously
No. 58 - CL~4~INGS - SCE4ERVILLR - RESOLVED that the Greater Niagara Softball
Association be granted permission to conduct a beer concession in conjunction
with their 13th Annual Niagara Invitational Fastball TOurnament from July 30th
to August 2nd, 1982 at Ker Park, subject to the approval of the Niagara Regional
Police, the Niagara District Health Unit and the Liquor Licensing Board of
0ntario; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 59 - FERA - CLearINGS - RESOLVED that the Ministry of Municipal Affairs and
Housing, pursuant to Section 22-3 of The Planning Act, be requested to approve
the acquisitio~ and clearance of properties in accordance with the property
descriptions, estimated costs of acquisition and clearance to be sent as a
schedule to the Minister;
FjRTHER that the foregoing costs associated with the purchase and clearance of
the subject properties be c(~nsidered as eligible expenditures under the Ontario
Downtown Revitalisation Progranme;
AND FURTHER that City staff be authorized to prepare a schedule of the
properties to be acquired for transmittal to the Ester; AND the Seal of the
Corporation be hareto affixed.
Carried Unanimously
ORDERED on the moticr,. of Alderman Chessman, seconded by Alderman Fera, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 82-114 - Ti~RT,RD
No. 82-124 - A By-law to close a portion of Perk Street to vehicular traffic
On a temporary basis.
No. 82-125 - A By-law to authorize the execution of releases respecting lots in
Registered Plan M-76.
No. 82-126 -
A By-law to authorize the execution of an agreement between Ontario
Hydro and the Corporatim of the City of Niagara Falls respecting
the construction of a sanitary relief storage tank in Chippawa by
Greenwood Street end Main Street.
No. 82-127 - A By-law to authorize a license agreement with 464625 Ontario
IAmitad for the use of the Niagara Falls Memorial Arena.
No. 82-128 - A By-law to amend the RedeveloH~ent Plan for the Woodbine
Redevelolammt Area.
No. 82-129 - A By-law to authorize an agreement with the Lions Club of Niagara
Falls respecting a wadl~g.~col.-. ' '
82-130 - A By-law ~o authorize an agreement with Niagara South Recreatio~
ASsociation.
82-131 - A By-law to ~cend By-law No. 80-261 txoviding for appointments to
certain Boards, (laaee.~SsiO~s and Ou~e~,|ttees.
.No. 82-132 - A By-law to ~ovide ~u,tes for general purposes.
_No. 82-133 - A By-iaw to al~oint Jack L. Collinecn Chief Administrative Officer.
- 12 -
No. 82-134 - A By-law to appoint Paul J. Brennan City Clerk.
Carried with Alderman
c~,,~angs abstaining on
By-law 82-132, Alder-
man Puttick voting
contrary c~ By-law
82-133, and all others
voting in favour.
ORDERED on the motion of Alderman Fera, seconded by Alderman Kerrio, that the
following by-laws be now read a second and third time:
- 13 -
to the Ontario Energy Board, ara cc~mented that the information contained in the
press release was scmewhat confusing. It was moved by Alderman Puttick,
seconded by Alderman Kerrio, that a representative of the local Provincial Gas
office be asked to attend a future Council meeting and explain the purpose of
the applications. Carried UnanimDusly.
APPOINTM~ OF ACTING MAYOR
It w~s moved by Alderman Ckmmings, seconded by Alderman Cheesman, that
Aldem Fera be appointed as Acting Mayor during the absence of Mayor Thomson
prior to the next Council meeting. Carried Unanimously.
No. 82-114 - TABLED
No. 82-124 - A By-law to close a portion of Park Street to vehicular traffic
on a temporary basis.
No. 82-125 - A By-law to authorize the execution of releases respecting lots in
Registered Plan M-76.
No. 82-126 - A By-law to authorize the execution of an agreement between Ontario
Hydro and the Corporation of the City of Niagara Falls respecting
the construction of a sanitary relief storage tank in Chippawa by
Green~Dod Street and Main Street.
No. 82-127 - A By-law to authorize a license agreement with 464625 O~tario
Limited for the use of the Niagara Falls Memorial Are.
No. 82-128 - A By-law to amend the Redevelolment Plan for the Woodbine
RedeveloFment Area.
No. 82-129 - A By-law to authorize an agreeTent With the Lions Club of Niagara
Falls respecting a wading pool.
No. 82-130 - A By-law to authorize an agreement With Niagara South Recreation
Association.
No. 82-131 - A By-law to amend By-law No. 8 -261 providing for appointments to
cer~ Boards, Cu,i~ssicels and C~a~,p~ttees.
No. 82-132 - A By-law to provide monies for gemeral FuIl~ses.
No. 82-133 - A By-law to appoint Jack L. Collinsc~ Chief Administrative Officer.
No. 82-134 - A By-law to appoint Paul J. Brennan City Clerk.
Carried With Alderman
Cummings abstaining on
By-law 82-132, Alder-
man Puttick voting
emtrary c~ By-law
82-133, and all others
'vofing in layout.
HIREASTUD[NPWE~{
It was moved by Alderman Cheesman, seconded by AIde Fera, that the week
of June 14th - June 20th, 1982, be proclaimed as Hire A Student Week in Niagara
Falls, subject to established policy. Carried Unanimously.
P~3PERTY ON ST. PAUL AV~N!jE
Mayor ThceBon provided additional info~tion on the construction of a
building on St. Paul Avenue in reslzs]se to a question raised b~ Alderman
Putti
Alderman ck referred to an info~,ntim letter Z~,~ Provincial ~as
Ga,~umy included with agenda mmterial o0~ the pr0~oeed rate applicati~m .... ·
It Was moved by Alderman Janvary,
meeting adjourn. Carried UnanimDusl. y2~a.
seconded by Alderman Baker, that the
MAYOR WAYNE THOMSON
TWO-FIRST MEETING
Conmittee Room #1
June 21, 1982
C(M4I'rfEE OF THE WHOLE
Council met on Monday, June 21, 1982 at 7:00 p.m. in Conmittee of the
Whole. All members of Council were present. Alderman Schisler presided as
Following ooasideration of the it~eas.ented, the Conmittee of the Parole
arose without reporting. . .-
READ AND AEDPr~D,
COuncil Chambers
June 21, 1982
Council met on Monday, June 21, 1982 at 7:30 p.m. for the purpose of
considering general business. All menbers of Council were present. His
Worship, Mayor Thomson presided as ChairnkDn.. Alderman Schisler offered the
Opening Prayer.
ADOPTION OF MINLTES
OREERED on the motion of Alderman Fera, seconded by Alderman Curethings, that
the minutes of the meeting held on June 7, 1982, be adopted as printed.
Carried Unanimously.
PRESMqTATIONS
ACHIEVMMENT AWARDS - A.N. MY~R SECONDARY eL JAZZ BAND
His Worship, Mayor Thomson presented achievement awards to the members of
the A.N. Myer Secondary School Jazz Band, and their director Mr. G. Small~aood,
who won the National Junior Dixieland Band conpetition, the National Junior
Contemporary caa~etitiou end the National Senior Cont~a~orary competition for
the year 1982 at the Hamilto~ OD~VentiOn Centre in May.
HEK)ISM AlIAlID TO MISS CARRIE LI~qN
His Worship, Mayo~ Themsou presented Miss Carrie Lynn Foster, age 7, with a
plaque and City pin in recognition of her bravery in awakening her father during
a fire at their h~ne. Mayor Thcmson noted that Miss FOster ~as awakened by the
smoke detector, and found her way through the house to where her father was
sleeping. By that time, flames were within several feet of her f~ther, and her
efforts likely saved her father's life.
His Worship, Mayor Thcmsou presented Miss Alycia Glen and Miss Erica Walter
nmmber8 of the 4th Niagara Group of Pathfinders, with City pins and Pathfinder
pins in recognition of attaining the Pathfinder Canada Cord.
.RID00(I~ITION OF BLOOD IX)NATIONS - MR. ~u.~n( MAEEIE AND MR. FRANK SMITH
His Worship, Mayor TmmBcn presented City desk sets to Mr. Alex Mackie and
Mr. Frank Smith, who have both ~u,pleted 100 donations of blood to the Red
Cmes. Fayor Trrl~sal no,~ that few individuals reach this goal, and that both
Mr. M~ckie and Mr. Smith have taken the matter of blood donations seriously over
the years.
DEPUTATIONS
MR. T. MORGAN, PROPOSED BIN30 OPERATION, 6348 LUNDY'S LANE
Fir. T. Morgan advised that he represented Miss L. Meehan, owner of the
proposed establishment. Mr. Morgan indicated that an application had been made
for a public hall licence for the property at 6348 Lundy's Lane for the purpose
of conducting bingo games. All requireTents of the licence ~Duld be mat,
including Fire Department regulations, plumbing, electrical, etc. Mr. Morgan
further indicated that ha was not aware of any site plan (yr zoning requirements
that would conflict with the pro.uosed operation.
Mr. I. Schwartz of MacDonald' s Restartrant, was granted permission to
address Council on the motion of Alderman Kerrio, seconded by Alderman Baker.
Mr. Schwartz expressed concern Over a possible shortage of parking if the bingo
operation were permitted. According to the lease for the restsurent operation,
Mr. Schwartz stated that MacDonald' s ~as guaranteed a specific number of parking
spaces, end the bingo operation could affect the guarantee. Mr. Schwartz also
indicated that he had certain concerns of a mDral Value as wall with respect to
the proposed operation.
Mayor Thereon advised that a similar bingo hall being qoerated nearby was
experiencing parking problems, and also that concern had been raised by the
Gambling/Gaming Monitoring Cut.p~ttee of the Social Planning Council regarding
the pay-out of funds to the charitable organizations operating the bingo games.
In view of these concerns, the Mayor suggested that the matter be referred to
staff for a report on the adequacy of the property for a bingo operation.
Additional information was provided by Mr. MOrgan and the City Clerk in
response to questions raised. FOllowing further ef~a~ent, it was moved by
Alderman Janvary, seconded by Alderman Cheesman, that the matter be referred to
staff for the preparation of a report to be suhnitted at the next Council
meeting. The motion Carried with Aldermen Chanmlings end Dilts abstaining cn a
conflict of interest, and all others voting in favour.
MR. F. PIN(~3E - PROPOSED BINGO OPERATION, ~ CC~RT
Mr. Pingue stated that he was only requesting a public hall licence, since
receptions and large social gatherings are held at the P~man Court Restaurant.
In response to a question raised, the City Clerk indicated that ha had
received an inquiry fr~n another individual regarding obtaining a public hall
licence for the Roman Court Restaurant. The intention Was to lease ~paca in the
hall for the purpose of Operating bingo games. An application was made by this
individual, however several days after Mr. Pingue approached the City respecting
a public hall licenca, Mr. Pingue stated that he had not requested the licence
for the purpose of operating bingo games.
Mayor Thc~eon explained that the property had been used as a public hall in
the past, and if Mr. Pingue simply wanted a public hall licence, the application
could he handled through the City Clerk's office. If any type of bingo
operation was to take place, the matter would likely have to ccme beck to
Council for consideration. The City Clerk stated that once the public hall
licence was approved, it would he up to charitable organizations to apply for a
licence to operate bingo games. In this case, the e~ner of the [i-crafty cn
which the bingo is operated is not supposed to be involved in the operation of
the bingo game.
Alderman Marrett sug~sted that since the request generated frce the Fire
Department, this information should be entered into the file cn the matter.'
FOllowing further (xa~,~ent, it Was moved by Alderman Kerrio, seconded by
Alderman Baker, that the matter be referred to the City Clerk' s O~fice to be
handled as a routine matter. Carried Unanimously.
NIAGARA YOUTH INr~ATIONAL - PROPOSED MATINEE BINGO
Mr. K. Heech of Niagara Youth International, advised that the organization
helped to mmke youth bettar citizens through the use of dman corps, betnn ~uupe
msrchi~g bands and related activities. Annual coets the organization met
asstim inVOlve transp0rtaticn, uniforms, instrlments and instructiceml staff,
With a suggested budget of over $100,000. Mr. Hesc~ indicated that he was
-3-
participate in the type Of fund raising events other charitable organizations
plan. Mr. Hesch requested that Council approve the holding of a matinee bingo
at the Golden Nugget Bingo Hall as a means of supporting the organization.
In res[x)nse to a question raised by Mayor Thcmson, Mr. Hesch indicated that the
City Clerk would not issue the lottery licence since the organization had not
been in operation for five years.
Additional information was provided by Mr. Hesch in response to a number
of questions raised. Following further c(~,~ent, it was moved by Alderman Fera,
seconded by Alderman Dilts, that the request be referred to the Social Planning
Council for cc~aent. The motion Carried with Alderman Cunmings abstaining cn a
conflict of interest, Alderman Put'~ voting contrary, and all others voting in
favour.
SOCIAL PIA~qING COUNCIL - BINGO OPERATIONS
C~munication No. 189 - Social Planning Council -The cc~mmication expresses
concern that certain bingo gamesbeingoparatedbyagencies using the Golden
Nugget facility are not adhering to Provincial legislation or local regulations.
Mayor Tha~-~on stated that the Gambling/Gaming MOnitoring Cu~,L,~ttse had
reviewed the operation of various bingo games being operated at the Golden
Nugget Bingo Hall on Lundy's Lane, and had found that one bingo oparaticn Was
not c{a~'~lying with the regulations set down by the Province with respect to
20% of gross revenue being assigned to charitable purposes. For this reason,
the licence could be cancelled at any time. Mayor Thomson stated that the
recu~,lendation of the Cu~,~a~ttse was to monitor the bingo games to see if the
percentage pay-out to the volunteer groups stabilizes and oreplies with the
regulations.
ORDERED On the motion of Alderman Merrett, seconded by Alderman Janvary, that
the rec(a~,~endation of the Gambling/Gaming Monitoring Ccertittee be endorsed. The
motion Carried with Alderman Cummings abstaining on a conflict of interest, end
all oth~"~ing in favour.
Because of his involvement in a local service club which holds a weekly
bingo, Alderman Ctmmdngs felt it would be advisable if he resigned frc~n the
Gambling/Gaming Monitoring Committee Of the Social Planning Council in order
to avoid any possible conflicts of interest.
Discussien took place on the necessity of members of Council belonging to
various service clubs and organizations, having to declare conflicts of interest
with regard to requests by other organizations for licences to operate bingo
operations. During the discussion, both Mayor Thorsen and the City Solicitor
indicated that if any member of Council had any doubt as to whether ha would he
involved in a conflict of interest, it would be best to declare the conflict and
abstain fr~n participatir~ in either the discussion or vote en the matter.
FOllowing further c~ent, it Was moved by Aldemran Marrett, seconded by
Alderman Kerrio, that Alderman Orr replace Alderman CunruLngs cn the
Gambling/Gaming MOnitoring Cu~,p:ttee of the Social Planning Council. Carried
Unanimously.
MR. J. SHARPE -. WALN~AY BE1WE~q ~D COURT & GRRFN BCUGHS ROAD
Mr. J. Sharpe of 7284 Edenwood Court referred to the recent decision of
Council to have the subject WaLkway remain open end that construction of the
walkway be c~l~leted. Mr. Sharpe advised that he had learned that the WaLkway
was actually considered to be ~n emergescy access mute, and for t/~ts reason,
there would not be a 4' wide concrete sidewalk constructed, but the entire width
of the Walkway would be oa4-~tructed in concrete. Since the Fire Department
does not have a vehicle that could gain access to the area through this
emergency access, Mr. 8large requested that the 4' concrete sidewalk on the
section of the walkway startin~ at Green Boughs Road, be ~tinued through to
Edem~od Court. Reference Was also made to a triangular piece of land in the
access route that was to he used as a t~ area for emergency vehicles.
Mr. Sharpe suggested that since. there are ~o vehicles capable of gaining access
to the are by this mute, that the walkway be na~iuwed at this point and the
land ~onveyed to the adjacent property owners. In sumBiT, Ft. Sharpe requested
that the emergency access be erasidereal as a walkway, With the appropriate
4' concrete sidewalk constructicn continuing frum Green Boughs Road, that
consideration be given to removing the triangular turning area for energancy
vehicles, and that consideration be given to the ultimate location of the fence.
Mr. Sharpe also c~L,~ented that at the entrance to the emergency access route, a
curb depression had been constructed in the sidewalk. If the concrete area were
constructed to the full 10' width, it would appear to be a driveway, and could
be used by vehicles.
The Director of Municipal FOrks explained that in walkways, a 4' sidewalk
is constructed with a grassed are on either side between the fencing. This
type of valkw~y has presented ~aintenance problems for the City. Because of the
nl~intenence problems, it vras subsequently decided in future, Walkways would be
6' in width with a 4' sidewalk, end energency access routes would be 10' in
width with a 9' concrete area. Because of the location of the fence a slight
distance in fr~n the edge of the City property, this would leave a 6" strip on
either side of the concrete area in both cases.
Alderman Cheesman suggested that the City agree to the request and
continue the 4' sidewalk running frcm Green Boughs Road through to Edenwood
Court, that the triangular piece of property be conveyed to the adjacent
property owners at ternB to be decided upon at a later time. Mayor Themson
expressed concern that this would result in maintenance problems for the City,
since there would be a wide strip on either side of the sidewalk that would have
to be maintained. Alderman Kerrio suggested that the walkway be narrowed and
the fence moved in so that there.would only be a small area between the sidewalk
and the fence.
FOllowing further discussion, it ~as roved by Alderman Cnee~an, seconded
by Alderman Janvary, that the existing 4 ' sidewalk leading frc~ Green BOughs
Road be continued through to Edenwood Court. Carried Unanimously.
MRS. L. CLA~K - OONSLMER'S GAS RATE APPLICATION
Mrs. L. Clark was granted permission to address Oouncil on the motion of
Alderman Orr, ssc<mded by Alderman Baker. Mrs. Clark of "Consumers Fight Back"
indicated that she was in atte~aance because of a motion made by C~uncil to have
a representative of Cons~ers' Gas Ccrmpany invited to Council to explain the
proposed natural gas price increaees ah~ restructuring. Mrs. Clark indicated
that the group was also questioning statements by Cons~ners' Gas C~,~any that
most customers will not change their costs, and it was difficult to understand
how a 200% increase in the base rate and 35% increase in the cost of ccns~,t~Lion
in the first three months of the year would not add profits to the cka,pany. The
govez'xi,ent has me(x/raged individuals to conserve, and now that people have
conserved and there is an overabundance of natural gas in the Province, the
public is being penalized for conserving too nuch. Mrs. Clark state~ that the
group felt the public has been had simply because there is no alternate supply
of natural gas (because ConSLiners' Gas has a xLu~)pOly in this area), and the
C~any most have its exorbitant profits. Mrs. Clark requested Council's
support of "ConStrers Fight Back" end its petition.
Aldermen Puttick referred to the request made to the local Provincial Gas
office to have a representative explain a press release recently issued
concerning the rate application, and noted that this request was refused. The
Alderman felt that Oouncil bad been "set up", and that the local office had -
attm,~ed to persuade the City not to endorse Mrs. Clark's petitiota.
Following further cu,,,ent, it ~as moved by Alderman Puttick, seconded by
Alderman Kerrio, that the petitic~ by "Consumers Fight Back" be endorsed. The
motion Carried with Alderman CheemTan voting ~0ntrary, and all others voting
fayour.
* Various items were brought forward for u:~sideration at. this time. * '
RIVER ROAD STUDY - PRES~qfATION BY MALKER, WRIGHT, YOUNG A.~IOCIA'r.-~ LTD.
Mr. P. Walker Of Walker, Wright, Young Assoelatss Ltd., presented the
Evaluation Re~ort cn the River Road StUdy Area that his.firm had ~een engaged
to undertake by Council. In reviewing the contents of the report, Mr. Walker
outlined the purpose and soc~e of the study, and explained the planning ~olicies
mid regulatiu~s which ~uld have a direct' influence m any cc~sideratic~ of
development and redevelc~a,ent within ~he River P~)ad area. lnformati<m was
provided ce~ existing land uses, t~e ccaditic~ of buildings in t~e area,
o~ ~uild]n~l of erchitectural and historical eig~ificance, ~x~ulati(m, school
enro]mmlt, recreati<mal facilities, munici~l services, trans~ortatiol~,
exte~siel of ~tghiBy e420, and ~ucrmt devel~La,et ~uF~eals including the
-5~
Mr. Walker outlined the proposed alternatives based on the analysis of the River
Road area: Alternative 1 - MOst closely represents the retention of the
neighbourhood as it now exists, recognizes the southerly extension of the
Primesite Proposal dcwn to the area bounded by River Road/the Conrail tracks/
Queen Street/Huron Street. Redesignation of the lands between Hurcn and
Morrison as nultiple family residential which would not prohibit the single
family housing frcm remaining in the area. Mr. Walker felt it was logical to
have this type of develo[ment inmediately adjacent to the central business
district. Alternative 2 - Accumodates the expansion of the central business
district as proposed in the current Primesite develoFment and as included in the
first alternative. Enlarges the multiple family proposal from Huron to Simcoe;
includes another nultiple family housing proposal to the south with varying
densities. New tourist hcmes would not be permitted in the multiple family
areas. Altarnative 3 - Idanticel to Alternative 2 except in the amount of land
suggested for residential redeveloFment in the northern part of the
neighbDurh<xDd. Mr. Walker c~mented that this alternative makes the least sense
until a decision is made on the Lanmer Fenco study. Alternative 4 - Varies
significantly frco the preceding three alternatives as it acc~mo~ates an
expansion Of tourist cu~.~ercial uses in the southern part Of the neighbourhocd.
Mr. Walker noted that pressures for tourist cu,,,ercial develoFment in this area
may arise as a result of the develoFraent of all of the proposed tourist related
traffic and parking fcilities, including the parking structure, prcmenade and
and station. In order to provide for these pressures, Mr. Walker suggested that
the northern boundary of the tourist oamercial designation be extended to
Philip Street, and that any tourist c~meroial uses permitted on Philip Street
be restricted to those that can be acccrmc~ated within the existing hDuse--form
structures such as tourist hcmes, in order to maintain compatibility with the
residential use on the north side of the street. In s~=m~nry, Mr. Walker stated
that Alternative 3 is the preferred land use scenario since it represented the
mDst realistic alternative for future develo[rent of the River Road area based
On curTeat planning implications for the area. Alternative 4 would be the most
feasible land use alternative for the River Road Area, should the
rec~_ndations of the Laraner-F~ Study be implemented.
Additional information vas provided in response to a number of questions
raised. Following further c~i,~nt, it was moved by Alderman Cumnings, seconded
by Alde/lnan Baker, that the matter be referred to staff for the preparation of a
suitable report. Carried Unanimously.
LOCAL 528 - NIGARA Fi~T]'.'q PRDFESSIONAL FIRE FIGHTERS
His FOrship, Mayor Thcrmon declared a conflict of interest, and requested
Alderman Cheekman to asstree chairmanship of the meeting during consideration of
this m~tter.
It was moved by Alderman C~,,~ngs, seconded by Alderman Puttick, that the
Memorandtln of Settlement be approved by Council. Tba motion was Defeated with
the following vote:
AYE: AIdernst1 Cummings, Fera, Puttick and Cheesman.
.~YE: Aldermen Dilts, ,Baker, Janvary, Merrett, Orr.-~Schisler, Kerrio and
Scmerville.
Mr. D. S~apton ~as granted parmission to address Council on the motion of
Alderman Cu~nings, seconded by Alderman Kerrio. Mr. Shaptc~ felt that the
Memorand~n of Settlement ~as justified since the package Was lc~er than the
average settlement in the Province for Fire Fighters. The overall cost Was
c~lsidared low in oc~,~ariscn to other settlenents because of the split, and yet
it Was now necessary to go to arbitration. Mr. Shapt(m stated that in previous
years, there had been coly one time when Local 528 and the City had failed to
reach agreement, and pointed out that every effort was made by the Asseciation
to avoid going to arbitration this year. Mr. Shapton requested that Council
censider awardin~ an interim increase of 9%, and let the arbitration process
determine whether any additional increase in ~arrasted.
Aldek~L=n PuttiCk asked if the City were to grant an interim 9% increase,
whether the Fire Fighters would agree to not introduce any other i,,..x~etary
iteme at the arbitratica board hearing, other than those items previously agreed
u~on. Mr. Shapton requested an ul~ortunity to discuss the matter with the
members of his cu,,~.lttee.
O0uncil adjourned to C~/a,ii.tttee of the ~ole briefly. UAxm reconvening in
fon~l session, Mr. Shaptc~ asked why those i,~,~ers of Council who had voted
against the ~(~,~rand~n of settlement, for their ream in rejecting the
-6-
proposal. Both Aldermen Dilts and Kerrio indicated that they had voted against
the proposed Settlement because they could not justify an increase higher than
that granted to other City enlploySes in 1982.
Mr. Shapton stated that the negotiating cu~z,attee for Local 528 was of the
opinio~ that provided everything that was negotiated in the settlement and
contained in the rm~norandLmn Of settlement was initiated as soon as possible,
with the exception of salaries, the cum.{ttee would agree that only the question
of salaries would ~e referred to the board of arbitration.
It was moved by Alderman Puttick, seconded by Aldern~n Kerrio, that all
items contained in the Memorandun of Settlement, with the exception of salaries,
be approved. Carried Unanimously.
It was then moved by Alderman Puttick, seconded by Alderman Kerrio, that a
salary increase of 9% effective January 1, 1982, be granted at this time..
Carried Unanimously.
Mayor Tnc~nson resumed Chairmanship of the meeting.
UNFINISHED BUSINESS
%qALN~AY BETWE[~ EPWORTH ClPeTR AND RYERSON CRESC~qT
Re[x3rt No. 384 - A~ting Administrator - The re~ort recommends that Walkw~y
#32(2), running between Epworth Circle and Ryersoa Crescent, remain open.
Mrs. H. Plouffe thanked the members of staff and Council who took the time
to view the problem and find a solutioa to the mattar.
AS a result of scrae confusion over the effect Of the rec~mendation, Mayor
Tncxnson stated that pedestrian access would be closed to both Epworth Circle and .
Ryerson Cresscent, but that the walkway would re~ain open and used by the
adjacent residanta as driveways.
It ~aS moved by Alderman ChSee~ln, seconded by Alderman Puttick, that a
fence be erected across the walkway at the mid-~oint betwee1 properties to allow
exclusive use of the adjacent owners as private driveways, end the report, as
amended, be adopted. The motion Carried with the following vote:
AYE: Aldermen Cheee~lan, Dilta, Fera, Merrett, Orr, Puttick, Kerrio and
Scmerville. ~
NAYE, Aldermen C~A,Aangs, Baker, Janvary and Schisler.
~ICATIONS
No. 190 - Oktoberfest Niagara - Re: Carlsberg Championship Horses. The
c~,.~unication requests permission to hitch the Carlsberg team in the Market
Square on Park Street or another suitable site which Council could [ossibly
suggest.
ORDBRED On the ,,~ion Of Alderman Merrett, sec(mlded by Alderman Orr, that the'
matter be referred to staff to determine a suitable location with Oktoberfest
Niagara and the Downtown Board of Management when the specific dates are set.
Carried Unanimously.
No. 191 - Downtcwn Board of Menageme~t - Re, Antique Car Display. The
cu,.,uniction requests permi~sic~ to display antique cars c~ June 26, 1982 at the
side of the road c~ Queen Street between St. Lawrence and Crysler in the parking
spaces.
OPJ~MRED on the motion of Alderman Merrett, seconded by Alderman CLOgs, that
the request be approved. Carried Unanimously.
Ho. 192 - Mr. T. Mykytiuk - Re.. Painting of House Numbers on CurbS. The
oa,B,unicetic~ requests permissico from the City to paint house n~rs c~ curbs
to M than plainly visible, especially at sight.
In resEmee to a questira raised, the Director of Municipal Works stated
that [Dssible disaevantages ~uuld be that ~ nunbets ~ld ~ot be visible
during the wintar ,,~ths, the proposal ~DUM obviously work in ere~s with ope~
ditching ~r, no curbs. T~e DireCtor of Manicipal Works suggested that if Oour~il
the work would be done c~ en experimental basis on Venus Crescent. The area
could be extended c~to other streets in the sukdivision, end reviewed after a
year to assess wear and tear on the numbers.
Mr. Mykytiuk indicated that he ~as willing to ~Drk on Venus Crescent, and
restrict himself to one area at this time. In response to a question raised,
Mr. Mykytiuk stated that be would approach the City for any additional streets
on which the nunbering was requested.
Alderman Cummings suggested that Safety Council be asked to o~ment ~n
whether or not there was any safety hazard involved in motorists driving along
watching for house numbers at curb level.
Additicuai information vas provided in response to questions raised.
Following further comment, it ~as moved by Alderman Kerrio, seconded by Alderman
Baker, that Mr. Mykytiuk be allowed to proceed on Venus Crescent at this time,
and that the matter be referred to the Safety ODuncil for cument.
:Carried Unanimously.
'No. 385 - Acting Administrator - Re: Ccmlnittee of Adjustment Application
~A-20/82, Gerald & Joyce Gautreau, 5439 McRae Street. The report provides
2inforn~tion on the decision of the Cc~l~lattea of Adjustment in approving this
!application to change a legal non-conforming use of a building presently being
iused to store cars to a uSe of the building to do engine tune-ups and brake
ireplacements.
Mr. B. Sinclair, solicitor for the applicants, presented additional
information on the matter, and advised that the adjacent neighbours had no
.objection to the proposal, end the only objection received had been subsequently
iwithdrawn. Mr. Sinclair further indicated that the applicants have agreed to
Iregister all conditions imposed by the Committee of Adjustment, on title.
Alderman Marrett advised that he had received a nLmber of calls fr~n
jindividuals concerning the application, however there were no persons in
]attendance at the nEeting to object to the proposal.
Following further oa,.:ent, it was moved by Alderman Cunmdngs, seconded by
,AldenAnn Dilte, that the report be received and filed. Carried Unanin~usly.
ORmcil resumed dealing with the agenda in its original order.
******
UNFINISHED BUSINESS
~ UeS
Report No. 386 -Acting Administrator - The report teeamends that the attached
~)rrespondence regarding the subject claim he received and filed, and that the
Municipality take no further action respectin~ the claim.
ORDERED on the motion of Alderman Cumnings, seconded by Alderman Fera, that the
report he received and adopted. Carried Unanimously.
CC~T4L~/ICATIONS
! N0. 193 - Oktoberfest Niagara - Re.' Souvenir Booklet. The eamunication
!requests that the City ccmsider purchasing the full page "Mayor's Message" in
f h he 1982 Oktoberfest Niagara Souvenir Booklet.
ORDERED on the motion of Alderman C~mings, seconded by Alderman Orr, that the
~mmicatic~ be referred to the Finance C~mattee. Carried Unanimously.
N0. 194 - Liquor License Board of Ontario - Re.. Niagara Sports Centre
~ecreatio~al Facility Liquor Licerice. The c~,,,unication advises that
aPPlicatio~ has been made to the Board for the issuance of a liquor license for
sdeJsot locatic~.
o~ the E;~o~ of Alderman Orr, secoraed by Alderman C~ma/~gs, .that the
~mmmicati(m be received en~ filed. Carried Unanimously.
-8-
No. 195 - Associatio~ of Municipalities of Ontario - Re: 1982 Ontario Budget.
The oal,~unication reoa~.,ends that Council consider the i~pact of the 1982
Ontario Provicial Budget.
Mayor Thcmsgn advised that the Finance C~,tdttee would ke dealing with this
matter as a result of a previous piece of corres~ondeaee dealt with by Council.
ORDERED on the nrfcion Of Alderman Kerrio, seconded by Alderman Baker, that the
cu~eLmicatio~ be received and filed. Carried Unardmously.
No. 196 - Mrs. P. Grayley - Re: Proposed Amendment to By-law 395. The
cu,.~unicatio~ advises that a petitic~ will be suhnitted requesting that By-law
395 be anended to afford scme protection against the [ossibility of future
notorcycle facilities being established adjacent to their h~nes.
ORDERED on the reDtion of Alderman Cummings, seconded by Alderman Dilts, that the
c~,,~unication be received and filed. Carried Unanimously.
No. 197 - Niagara Regional Exhibition - Re: Souvenir Progranme. The
c~,i~unication requests that the City consider the purchase of advertising in the
souvenir progranme.
ORDERED On the motion of Alderman (he, seconded by Alderman Cunlnings, that
the ca,u,unication be referred to the Finance Cc~,nittee. Carried UnaninDusly.
No. 198 - Canadian Federation of University Wcmen- Re: Toxic Waste. The
c~,.,unication requests endorsation of a resolutifm concerning toxic waste.
ORDERED on the motion of Aide/men Chee~nan, seconded by Alderman Baker, that the
resolution be endorsed. Carried Unan/mously.
No. 199 - Regional Municipality of Niagara - Re.' Flood and Fill Regulations in
Niagara: Their Purpose, Implementation end Effect. The c~municatic~ requests
comment (m a report of the Regional Planning & Develol~et Cu~,~dttee on flood
and fill regulations.
ORDERED on the motion of Alderman Cunwnings, seconded by Alderman Baker, that the
cu,.,unication be referred to staff for the preparatic$% of a report. Carried
Unanimously.
No. 200 - Niagara District Airport C~l,dssion - Re.' Appointment to C~,,~.i ssion.
The cu~,lunication requests that Council appoint Mr. S.C. Blcdgett to the Niagara
District Airport C~dssion for the balance of the 1982 term.
ORDERED o~ the motion of Alderman Orr, seconded by Alderman Schisler, that the
appointment be approved. The TooLion Carried with Alderman Cunmdngs abstaining
on a conflict of interest, and all others voting in fayour.
No. 201 - Federal Minister of Finance - Re: Econenic Conditions in Canada.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the
c~l/~,m~Lcation be received a~d filed. The motion Carried with Alderman Puttick
rot/rig contrary, and all others voting in favour.
No. 202 - Volunteer Bureau - Re, Cu,.lunity Awaranens Month. The ccmm/nication
requests that Council e~dorse and co-operate in recognizing November, 1982 as
C~t.,unity Awareness Frmth.
ORDERED on the motion of Alderman Crags, seconded by Alderman Chessman, that
Council recognize the mce~th of November, 1982 as C~,,,unity Awareness Mcmth.
Carried Unanimously.
No. 203 - Royal Bank of Canada - Re; Parking un Ellel Avenue. The c~ar,unication
requests that the City refove ro parking signs on Ellan Avanue betwee~ Centre
Street and Walnut Street, or [&ovide alternative Jerking space for local
employees o
OR[ERED on the ~,,;,Lton of Alderman ~gs, seconded by Alderman Baker, that the
c~,,~unication be referred to the Municipal Perking & Traffic Oa~,mLttee.
Carried Unanimously.
No. 204 - Ontario Hydro - Re.' Licence of Ontario Hydro Lands. The ~,l,unication
invites interested parties to suk~it p~ol~3sa]. for the use of pi-operty between
Buchanan Avanue and the Michigan Central Railway south of Murray Street c~ a
short term basis.
ORdeRED O~ the a(~,Ll. Ot, Of Alderman C~mlnings, eeco~ded by Airierrash Schisler, that
the ccmmimlicati~ be referred to staff for the preparatic~ of a re~ort.
Carried Unanimously.
~.~] ii No. 205 -,Niagara Fastball Associatio~ ~ Re, S~e~ial Occasio~ Permit. T~e
·: ~, c~,,,unicati~ requests a~roval of a o~eulal oocasic~ permit to ~e c~erated in
9
conjunction with the annual fastball tournament at Ker Park on July 1, 2, 3 and
4, 1982.
0RDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
request be approved subject to established policy. Carried Unanimously.
No. 206 - Niagara Falls Ladies Fasthall League - Re: Special Occasion Permit.
~he cka~.,unination requests approval of a special occasiun permit to be operated
in conjunction with the annual Ladies Fastball Tournament at Ker Park on August
6, 7 end 8, 1982.
0RDERED on the r~3tion of Alderman Cuanmings, seconded by Alderman Orr, that the
request be approved subject to established policy. Carried Unanimously.
No. 207 - Chippawa Ladies SloPitch League - Re: Special Occasion Permit. The
cu~,lunication requests approval of a special occasiun permit to be operated in
conjunction with the annual tournament to be held at the Niagara South
Recreation Oa~[lex July 30, 31, August 1, end 2, 1982.
0RDERED on the ~x3tion of Alderman Cunlmings, seconded by Alderman Orr, that the
request be approved subject to established policy. Carried Unanimously.
No. 208 - Niagara Falls Family Y.M.C.A. - Re.' Special Occasion Permit. The
con~/nication requests approval of a special occasion permit to be operated in
c~njunction with the Canada Week SloPitch Tournament on July 1, 2, 3 and 4,
1982 at Palmer Park.
0RDERED on the l~3tion of Alderman Cunmnings, seconded by Alderman Orr, that the
request be approved subject to established policy. Carried Unanimously.
No. 387 - Mayor Thcmson- Re.' Memorial School Parking Area. The report advises
ODuncil of the COncern of residents adjacent to the former Memorial School
building, specifically the handicapped [erking area at the northwest comer of
:the school and that Council support the restricted use of this parking area.
Alderman Marrett expressed COncern over the day-to-day practicality of
restricting use of this parking area, particularly its COntrol by use of a lock
and chain. The Alderman stated that the Legion agreed with the other measures
suggested to alleviate the COncerns of adjacent residents, and asked if scme
other alternative could be worked out with respect to the chaining off of the
area. Mayor Th~mB~n stated that this action was suggested by the Legion, and it
was his understanding the procedure outlined in the report was acceptable.
Following further consideration, it was moved by Alderman Puttick, seconded
by Alderman Orr, that the report be received and edopted. Tne nution Carried
with Alderman Marrett voting contrary, and all others voting 'in fayour.
No. 388 - Recreation Cennission - Re; Appointments to the C~,e,~m_ity Resources
~e ~t~e. ~ re~ ru~w~ ~t ~. M. F~ell, ~. R, ~d~s~
~ ~. B. ~11 ~ ~t~ ~ ~e ~z,~ty ~es ~e ~,~tt~ ~r
0e on ~ ~On of ~de ~gs, ~ ~ ~de Sc~sl~, ~t
~e re~ ~ r~iv~ ~ a~. ~i~ ~ly.
~. 38 - Recre~ ~,,~ssi~ - Re: ~idel~es ~r ~fe J~g. ~e m~
r~ ~t ~il ~ a~e of ~ a~i~ ~ ~e kretim ~ssi~
~s ~ ~ r~ ~ ~lis~g ~del~es ~r Mfe j~g~g ~ Niag~a
0~ on ~e ~on of ~de ~gs, ~ ~ ~de ~k~, ~t ~e
re~ ~ r~iv~ ~ fil~ ~ a ~sMge of a~r~ti~ s~ ~ ~a~ Niag~a
for ~eir ~ci~ti~ ~ ~e mt~. ~ri~ U~ly.
, N0. 390 - ~=ting A~ninistrator - Re: Niagara Falls Badmintc~ & Tennis Club.
The report recommends passage of a by-law authorizing an agreement between the
City and the Niagara Falls Badminton, Tennis and lawn Bowling Club for the
leasing of lawn ~cwling greens at the Club.
ORDERED el the i~i~ of Alderman C~mm~Lngs, Beco~ded by Alderman 8chisler, that
the report be received and adopted. Carried Unan/mously.
N0. 391 - Acting Administrator - Ras C.W. Palmet Park. The report re,amends
Passage of a by-law authorizing the agreement in respect to the purchase of C.W.
Palmet Park frcm the Y.M.C.A.
0RDERB~ on the ie~Lo~ of Alderram1 Cu~gs, seconded by Alderman Kerrio, that
the report be received and aduF~ed. The motiou Carried with Alderman Orr
· betaining m a conflict of interest, Aidetram ~voting ~ntrary, and all
others voting in fayour. Carried Unanim3usly.
- 10 -
No. 392 - Acting Administrator - Re: Land Division Committee Application
B-305/81 (Revised) Alex Eged, Teres Bodolai & John Barani, Trustees of Branch 2
of the Independent Mutual Benefit Federatien and Kossuth Sick Benefits. The
report recap.tends that Council reeffirm its decision to appeal the decision of
the Land Division C~t.t~ttee respecting the subject application, and that staff
be authorized to represent the City in support of the appeal at the time of
hearing.
ORDERED on the motion of Alderman Orr, seconded by klderman Chee~an, that the
report be received and adopted. Carried Unanimously.
No. 393 - Acting Administrator - Re: Pequest for Release, LOt 20, Plan M-29,
7434 Willow Crescent. The report recu~.~ends passage Of a by-law auttK)rizing a
release of the subject lot frcm the conditions of the subdivision agreement for
the subject registered plan.
ORDERED on the motion of Alderman Cu~mlings, seconded by Alderman Fera, that the
report be received and adopted. Car;ied Unanimously.
No. 394 - Acting Administrator - Re: Closing Lene~y in Meadc~vale Village
Extension Plan M-88. The report recu,,~ends: 1) passage of a by-law authorizing
an application for an order closing the laneway; 2) passage of a by-law
authorizing the sale of the laneway to abutting owners and an agreement with
respect thereto; and 3 ) passage of a resolution authorizifig an application to
the Miniter of Municipal Affairs & HOusing for consent to an order amending Plan
ORDERED on the nDtion Of Aide/man Cunmings, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimonsly.
No. 395 - Acting Administrator - Re: Structural Investigations Portage Road
Bridge (over Conrail near Panasc~ic Tcwer) and Miller Road Bridge (at Union
Marsh Drain). The report reoaa,ends: 1) that the report entitled "Structural
Investigations - POrtage Road Bridge and Miller Road Bridge (June, 1982)
prepared by Acres Consulting Services Limited be received; 2) That the Miller
Road Bridge at the Union Marsh Drain be posted for restricted loads and passage
of the appropriate by-law; and 3 ) that staff ~e directed to suklnit a further
report to Oouncil concerning the rec~.~endatic~s of the report.
ORDERED On the ~Dtion Of Aldermini Dilts, seconded by Aide Kerrio, that the
report be received and adopted. The motion Carried with Alderman Cumnings
abstaining cn a conflict of interest, and all others voting in favour.
No. 396 - Acting Administrator - Re: Bambi Estates Subdivision Finished Road
Contract. The report provides informatio~ o~ the co~traot for ca~pletion of
services (up to the limit of the re~ning funds).
ORD~MED on the no~ioG of Alderman Cu~m~ings, seconded by Alderman Orr, that the
report be received and filed. C~'rried Unan/mously.
No. 397 - Acting Administrator - Re: New EquiFment Purchases, 1982. The report
provides information on tenders for the purchase of certain equipment.
ORu~FaD on the ~,~ic~ of Alderm~n Ommings, seconded by Alderman Schisler, that
the report be received and filed. Carried Unanimously.
No. 398 - Acting Administrator - Re: First Avenue fran Bridge Street to North
Liner - Resurfacing. The report recc~,l~ends: 1) That First Avanns fL~u Bridge
Street to the north limit not be resurfaced this year but c~ly c0r~truction
restoration ar~ no~a,~l me/nte~lsnce be carried out; 2 ) That ccelsideratial be
givan to allocating funds for the recofufuruction of this section of First Avenue
during deliberatio~a on the 1983 budget; and 3) that the $6,600 allocated in the
1982 current budget for the resurfacing of First Avenue be held in reserve for
the reccr~tructic~ ~3rks.
ORDMRED on the ~,D~i~n of Aldermini Fera, seconded by Alderman Cun~g.s,,, that. the
report be received a~d adopted. Carried thlanimously.
report that the quotati(m sulnitted fk-~,i Ridgeey Farm EquiEne~t
Limited in the total amount of $6,944.36 for ~ supply of two Case Model 4~4
tract~s quiE~d with K44 mow~e be a~epted.
OW~RED on the m~tion of Alderran C~,i,ange, esc~nded b~, Alderman Fera, tha~ the
report be received and adopted. Carried Unanimously.
No0 400 - Acting Administrator - Re,' Botary Mower ~ Cemeteries. The re~ort
recu,,,mxls that staff be authorized to ~xwchaes a # 2 Tom Grc~m~master rotary
5 . .
m~esr unit, complete with rear md discharge ~mits, in the an0uat of $7,115.50.
ORD~ED on the motion of Alderran Dtlts, secona~_-~ ~ A~denmn Cu~ing~, that the
re~rt be 'reqeived ,andadoFad,~ I Carried Unanin~usly., ·: ,
- 11 -
No. 401 - Acting Administrator - Re: Sanitary Landfill Compactor. The report
recu~nds that staff be authorized to have Crothers Ltd. undertake the
necessary repairs to the City' s Sanitary Landfill Compactor.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 402 - Acting Administrator - Re: Parking on Allendale Avenue. The report
recu~.~ends that parking be prohibited at all times frc~ the westerly side of
Allendale Avenue from Robinson Street northerly across the frontage of the first
two residential properties.
ORDERED On the motion of Alderman Puttick, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 403 - Acting Administrator - Re: Parking cn Stanley Avenue and McLeod Road.
~he report recommends that the Region be advised that the City has no objection
to their proposed parking and traffic control regulations on Stanley Avenue and
McLeod Road.
0RDERED on the r~Dtion of Alderman Merrett, seconded by Alderman ~gs, that
~the report be received and adopted. Carried Unanimously.
.No. 404 - Acting Administrator - Re: Municipal Accounts. Tne report rec~a~.~ends
'.payment of the nlxnicipal accounts.
A~ditional information ~as provided on Cheques #10203, #10342 and #10436 in
!response to questions raised.
Alderman Cunlnings requested that Cheque #10300 be held pending receipt Of
additional information.
ORDERED on the motion Of Alderman Chee~an, seconded by Alderman Baker, that the
~report be received and adopted. The motion Carried with Alderman Cumnings
~abstaining (m a conflict of interest, and alT ~s voting in f~vour.
'No. 405 - Actin~ Administrator - Rex 1982 Ontario E~ployment Incentive Program.
jThe report provides information on the Ontario E~ployment Incentive Program and
!the City' s participatic~ therein.
ORDERED On the raption Of Alderman Cummings, seconded by Alderman Fera, that the
~report be received and filed. Carried Unanimously.
iiNo. 406 - Enployee Suggestion Committee - Re.' ~ployee Suggestions. The report
;reds payment of various cash awards to Mrs. M. Bound, Miss B. Ne%~an, Mrs.
iS. Giles end Mrs. B. Bailey for suggestions made.
i0RDERED on the moti(m of Alderman Dilts, seconded by Alderman Baker, that the
{report be received and adopted. Carried Unanimously.
[No. 407 - Acting Administrator - Re: Demolition Quotations. The report
recommends that Richard Collee Trucking be awarded the contract for demolition
of one building under Council approved P~operty Standards By-law 74-204, for the
:property known as 2674 St. Paul Avenue, at a cost of $1,500.
i0RD~ED On the motiOn of Alderman Merrett, seconded by Alderman Orr, that the
~report be received end adopted. Carried Unanimously~
1 Ontario. The report reck,mends that Council designate by
resolution, the members appointed as official voting delegates to the 1982
Conferenos of the Association of Municipalities of Ontario, and those tombere so
appointed, together with the Chief .Administrative Officer, be authorized to
attend the cenference.
0RDFAED on the motiOn of Alderman Cunnings, seconded by Alderman Puttick, that
those members interested in attending contact the City Clerk, ana that those
members who have not attended previously be given first opportunity. Carried
No. 409 - Acting Administrator - Re.' Letter frc~ Ken J. MacDonald Re; Hydro and
~e ~hvi~o~,elt. The report recut,t~d8 that 'the letter received fran Mr. Ken J.
MacDonald dated May 5, 1982 regarding possible enission [~oblems arising frcn
~e o~eration of the Hydro genaratin9 station at Nanticoka be referred to the
~nistry of the Envircrnent.
)RD~D On the .~lO~ Of Alderman Cunmttngs, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unenimonsly.
N0, 410 - Losn Review C~,,,.lttee - Ret A~plications for Assistance. The report
rec~mmnds approval of five applications for assistance received under the
Ontario H~,~ Renewal
0RDM~D On the motiOn of Alderm~ Jenvery, seconded by Alderram Merrett, that
the report be received and adopted. Carried Unanimously.
- 12 -
No. 60 - O~q4INC~ - ORR - RESOLVED that the Nigara Fastball Association be
granted permission to conduct a beer concessicn in conjunction with their annual
Fastball Tournament on Juily 1, 2, 3 and 4, 1982 at Ker Park subject to the
approval of the Niagara Regi(mal Police, the Niagara Falls Fire Department, the
Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the
Seal of the Oorporatic~ be hereto affixed.
Carried Unanimously
No. 61 - CtI~4INGS - ORR - RESOLVED that the Niagara Falls Ladies Fastball League
be granted [ermission to conduct a beer concession in conjunction with their 8th
Annual Ladies Fastball Tournament On August 6, 7, and 8, 1982 at Ker Park
subject to the approval of the Niagara Regional Police, the Niagara Falls Fire
Department, the Niagara District Health Unit and the Liquor Licensing Board of
Ontario; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 62 - ~GS - ORR - Pa-~OLVED that the (Tnippawa Ladies Slo-Pitch League be
granted permission to conduct a beer concession in oonjunction with their 4th
annual tournament on July 3eth, 31st, August 1st, and 2hd, 1982 at the Niagara
South Recreation C~[lex subject to the approval of the Niagara Regional Police,
the Niagara Falls Fire Department, the Niagara District Health Unit and the
Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously
No. 63 - CLI~4INGS - ORR - RESOLVED that the Niagara Falls Family Y.M.C.A. be
granted permission to conduct a beer and/or liquor concession in conjunction
with their Y.M.C.A. Canada Week Slo-Pitch TOurnament on July 1, 2, 3 and 4, 1982
at Palmet Perk subject to the approval of the Niagara Regional Police, the
Niagara Falls Fire Depax'b,ent, the Niagara District Health Unit and the Liquor
Licensing Board of Ontario; ~ the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 64 - C~mmlqMAN - BAKER - RESOLVED that pursuant to section 145 of the Land
Titles Act, R.S.O. 1980, the Minister of Municipal Affairs and Housing be
requested to coasent to an Order being F~a~ amending the plan of sukdivision
registered in the Land Registry Office for the Land Titles Division of Niagara
South (No. 59), on the third day of J~h~e, 1980 as Plan M-88, by permanently
closing the laneway shown as Block 27 on ~he said plan; ~ the Seal of the
Corporatio~ be hereto affixed.
Carried Unanimously
ORDERED cn the motion of Aldenten Puttick, seconded by Alderman Chass~an, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 82-135 - A By-law to authorize a lease with Niagara Falls Badminton Club
No, 82-136
- A By-law to authorize the acquisition of land for the purpose of a
(~a,,,unity recreation centre to be known as C.W. Palme~ Park
C~.~iunity ~ecrsation Centre.
No. 82-137 - A By-law 'to a~chorisa a release.
No. 82-138
No, 82-139
- A By-law to authorize an application for an order closing the
lanemy in Registered Plan M-88.
- A By-law to authorize the sele of perts of the laneWay 'in
P~:gistered Plan M-88 to abutting owners and an ag. reeme~t with
No. 82-140 - A. By-law to restrict the ~ight of vehicles pessing over the bridge
~ Miller Reed.
No, 82-141 - A By-law to aLt~horize the execution of an agree~elt with River
' = ~mUty Dsv~opmsn~ (X97~)X~.
- 13 -
' No. 82-142 - A By-law to authorize the execution of an agreement with Abell Waco
Limited for rodant control services.
No. 82-143 - A By-law to provide monies for General Purposes.
Carried with Alderman
CLmmings abstaining on
By-law 82-143, Alder-
man Orr abstaining on
By-law 82-136, Alder-
man Dilts and Merrett
voting contrary cn
By-law 82-136, and all
others voting in
favour.
ORDERED on the motion of Alderman Chee~an, seconded by Alderman Baker, That the
following by-laws be now read a second and third time:
No. 82-135 - A By-law to authorize a lease with Niagara Falls Badminton Club
Limited.
No. 82-136 - A By-law to authorize the acquisition of land for the purpose of a
cu~u~unity recreation centre to be known as C.W. Palmer Park
Cormunity Recreation Centre.
No. 82-137 - A By-law to authorize a release.
No. 82-138 - A By-law to authorize an application for an order closing the
laneway in Registered Plan M-88.
No. 82-139 - A By-law to authorize the sale of parts of the laneway in
Registered Plan M-88 to abutting owners and an agreement with
respect thereto.
No. 82-140 - A By-law to restrict the weight of vehicles passing OVer the bridge
on Miller RDad.
No. 82-141 - A By-law to authorize the execution of an agreement with River
Realty Develo[ment (1976) Inc.
No. 82-142 - A By-law to authorize the execution of an agreement with Abell Waco
Limited for rodent cfxltrol services.
No. 82-143 - A By-law to provide ii~ies for general purposes.
Carried with Alderman
Ommings abstaining on
By-law 82-143, Alder-
man Orr abstaining on
By-law 82-136, Alder-
man Dilts and Merrett
By-law 82-136, and all
others voting in
favour.
It ~as moved by Alderman Puttick, seconded by Alderman Cunlnings, that a
rossage of condolence be sent to the family of the late Mr. "Mynie" Sutton, a
respected menber of the oa,i~unity. Carried Unanimously.
.RELGCATION OF A,H,L, TF~M
Report No. 411 - Mayor ThC~BC~ - The report ~vides information on the
u~successful efforts of the City to have the New Brunswick Hawks of the A.H.L.
franchise to the City.
- 14 -
During consideration of this matter, the members of Council expressed their
disappointment, since it appeared that Niagara Falls bad never really bad a
chance of getting the team, and that the (Twner of the team (Mr. Harold Ballard)
had made his decision to locate in St. Catharines even during discussions with
Niagara Falls.
COncern w~s also expressed by Aldermen Cummings and Kerrio, that the
menhers of the special oa~ttee established to assist in locating a hockey team
for the City, had not been called in to partipate in discussions with officials
of the hockey team.
Aaditional information ~as provided by Fayor Thc~son regarding the City' s
efforts to have a local hockey team.
NOTE: Aldermen Merrett and Puttick retired from the Keeting.
SIDEWALK REPAIR PROGRAM
The Director of Municipal Works advised that the sidewalk repair which
approved in the latter part of Fay had cu~,lenced, and the contractor would be
moving into the Chippawa area shortly. It was further advised that the City ~as
still waiting for confirmation fr~n the Province of approval of O.N.I.P. funds
for the sidewalk work to be done in ~Lippawa.
SERVICES FOR BRUCE AV~qUE APE PNOJECT
The Director of ~nicipal Works advised that a request had been received
frc~ the developer of the Bruce Avenue apartment project, to have his on-site
contractor undertake the servicing work on City property. It was advised that
this contractor had l~_rformed work for the City previously, end that all work
would be done at the expense of the developer. The Director of Municipal Works
rec<a~,~ended that Council grent permission to the on-site contractor for the
Bruce Avenue apartment project carry out the necessary servicing work on City
property, at the expense of the developer. It ~as ~Dvad by Alderman Schisler,
seconded by Alderman Chees~an, that the rec~,,endation of the Director of
Municipal Works be approved. Carried Unanimously.
C0NGRATUIATIONS TO PRINCE CHA~T.~ AND PRINCESS DIANA
It was moved by Alde Cheesman, seconded by Alderman Orr, that a message
of congratulations be sent to Prince Charles and Princess Diana cn tba birth of
their ~ on June 21, 1982. Carried Unanimously.
Alderman Cunmlings referred to the condition of the Oakes Park running track
and the grandstand on the o~e side of the track, and suggested that the
necessary repairs to the track be carried cut using funds set aside for repairs
to the grandstand. The Alderman suggested that the grandstand should be
demolished and portable bleachers used instead. It ~as w~vad by Alderman
Cu~nings, seconded by Alderram% Jenvary, that the matter be referred to staff f(Tf
the preparatioa of a report. Carried Unanimously.
The Director of Municipal Works provided additional information in response
to a nunbet of questions raised by Alderman Schisler concerning repairs being
made to roads in rural ereas.
P~DU~O8 OF HOLMES/COONEY FIGfTP
In response to a question raised by Alderman Kerrio, the (hief
~aministrative Officer advised that be has requested a oaL~lete breakdown of
costs and proceeds on the recently held closed circuit coverage of the Holmes/
C0c~ey fight at the Niagara Falls Memorial Arena.
~ECR. TPT OF (ARANT - CkN~R ~ c~RmRATIONS
Alderman Jenvary advised that the City had received a grant in the a~0unt .
of $2,950 fr(m the Federal GoverrmMmt towards the cost of various Canada Week
~elebratto~s.
- 15 -
It was moved by Alderman Chees~an, seconded by Alderman Baker, that the
meeting adjourn. Carried Unanimously.
MAYOR WAYNE THOMSON
~[WfXqTY-SECQNDM~L~r~G
Council Chambers
July 5, 1982
Council met on MOnday, July 5, 1982 at 7:30 p.m. for the purrpose of
considering general business. All members of Council were present. His
Worship, Mayor Thomson presided as Chairman. Alderman Sc~erville offered
the Opening Prayer.
AEOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Cunmlngs,
that the minutes of the meeting held on June 21, 1982, be adopted as printed.
Carried Unanimously.
PRESENTATIONS
His Worship, Mayor Thcmson presented an Achievement Award to nine year old
Thulus "Tucker" Marazzo who won the 1982 Ontario Junior Olympics Judo Chanpion-
ship, 30 Kilogram Category, at Oshawa Durham Collegiate on June 20, 1982.
MUNICIPAL TRA]IqlNG COURSE C~;KrIFICATES
Report No. 412 - Chief Administrative Officer - Re: Municipal Training Courses.
The report reca~,ends that certain staff members be presented their certificates
for the successful cuLpletion of their respective training courses along with
the congratulations of Council.
His Worship, Mayor Th~Teon presented certificates for successful o~lpletion
of M.T.C. and M.O.E./M.E.A.. training courses taken by eaployees of the
Municipal Works Department. Certificates were presented to Mr. R. Craddock, Mr.
R. Darrall, Mr. G. Dixon, Mr. D. FOster, Mr. F. Mazzei, Mr. B. Sandercock and
Mr. N. Walroth. Mr. M. Carminara, Mr. D. ~adice and Mr. S. Toth, who also
ce~D leted the training courses, were not able to attend and receive their
certificates.
ORDERED on the nx3tion of Alderman Chee~nan, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
FIIM PRES~gTATION BY NLnBARA REGIONAL POLICE - DRUG ABUSE
Staff Sergeant C. FOrd of the Niagara Regional Police, advised that because
of the problem of drugs within the school system, the Association of Chiefs of
Police decided to institute a prograzme to educate within the schools on the
use of drugs. The film "A Beginning" was developed for students at the Grade 4
level. A new film entitled "Consider the Source" has been developed and is to
be shown to students at the Grade 5 level. Staff Sergeant Ford indicated that
a new program was being contemplated for all students up to the Grade 8 level.
With respect to the film "Ccnsider the Source", Staff Sergeant Ford indicated
that it was divided into two l~rts, the first part is presented to the school
teacher, and the second part is shown to the student, foll~ed up by a
presentst/on by a Police Officer.
Following presentation of the film, Staff Sergeant Ford and Constable
R. Mable provided additional information in response to questions raised. His
Worship, Mayor Thcmson and menbers of Council ~L.~ended the Association of
Chiefs of Police and the Niagara Regional Police for their efforts in educating
the young children within the school system cn the dangers of drug abuse.
DEPUTATIONS
Mr. ~LngnaxD iPaicated that be was unable to have his lawyer present, and
due to a language problem, w~s unable to speak on his own behalf. In response
to a question raised, Mr. Rcmagnano stated that he could not afford to pay a
lawyer to represent himself.
Alde~,,~n Dilts -avised that he had been involved in the matter recently,
and there had bee~ no substantial chanc3e in the situation since the lest
il
2
extension had been granted several years earlier. The Alderman indicated that
access to the Q.E.W. had now been closed, Mr. Rc~agnano could not have drinking
water delivered to his home, and it was impossible to get to the house with a
Mayor Thcmson provided a brief history of Mr. Pamagnano's efforts to retain
access to his property fr~n the Q.E.W., despite the fact that he had known prior
to constructing his hc~e, that the M.T.C. intended to eliminate the access to
the Q.E.W. in the future. Mayor Thomscn suggested that he would meet with
Mr. P~agnano along with staff, end eny interested members of Council, to
determine if there was anything that could be done at this time.
Following further oa~.:ent, it ~as moved by Alderman ChesTan, seconded by
Alderman Dilts, that the matter be referred to staff to meet with Mr. Rcmagnano.
Carried Unanimously.
MR. G. BANFAI - INSURANCE CLAIM, PARKVIEW MUIOR INN
Mr. Banfai was not in attendance at the meeting, and the matter was not
considered by City Oouncil.
UNFINISHED BUSINESS
APPLICATION FOR PUBLIC HAIL LICENCE - 6348 LUNDY'S LANE
Report No. 413 - Chief Administrative Officer - The report advises that the
subject property is zoned to permit a public hall for the purpose of a bingo
hall, and that there is sufficient parking to supEx>rt this proposal together
with the existing uses (m the property.
C~eLunicatio~ No. 209 - Social Planning Council - The oa~,~unication rec~i,ends
1) that applications by International Niagara Youth and the Niagara Falls
SertoTe Club for bingo games, be denied; 2) that any applications for public
hell licences, where there is an intentic~ to subsequently conduct bingo
operations he tabled until such time as Council end the City Solicitor have had
an opportunity to review options such as those adopted by the City of Saalt Ste.
Marie respecting bingo operations.
Mr. T. Morgan, solicitor for the applicant, stated that according to the
report, there was no doubt that the property met all legal requirements for a
public hall licence. With respect to the reoa~,tendation of the Social Planning
Council regarding the policies of Sault Ste. Marie en bingo halls, Mr. Morgan
felt that restricting bingo halls to he operated in church halls, the hall of a
fraternal organization or publicly owned building, would prevent many worthwhile
organizations frcm holding bingo games as a means of raising ~funds. As far as
the percentages permitted for expenses, Mr. Morgan suggested that the
Lotteries Branch of the Ministry of Consumer & C~,,tercial Relatioas would
closely watch the expenses being deducted, since that was their responsibility.
Alderman Merrett eJpressed coacern over parking in the general area,
particularly since the operatia~ of a a nearby bingo hall was causing parking
problems. In response to a question raised k~ Alderman Merrett, the Deputy
Director of BUildings & Inspections advised that there are a total of 203 spaces
on the site. According to the Zoning By-law, o~ly 120 spaces are required for
the existing businesses plus the public hall, therefore the existing parking
more than exceeds the minimum requirements.
Mr. W. McGrew, who represented the owners of the plaza, indicated that
there ere 209 parking spaces in all, including the parking for the adjacent
Colour Your World ~tere. According to the leases for the various businesses,
the parking spaces are provided for the use of all tenants. Mr. MeGfew also
indicated that the owners bad turned down a n~nber of other uses for the
property end accepted the bingo hall operation, since this type of operation
minimizes noise, loitering and other obJectiormble problot. usually associated
with facilities attracting more uaxlesirable elements.
Considerable discussion took place c~ this matter, during which time
additiorml information ~as [=ovided by the Chief Administrative Officer, the
City Clerk and the City Solicitor.
Following the discussion, it ~as moved by Alderman Cheeeen, sec%mded'by
Alde~,~n Baker, that the application for the Public Hall Licence be handled in
the usual msnner. The motion Carried with Alderman C%mmttngs abstaining on a
(JJJfli~t of interest, and all ~F~'F'votJn~ in fayour.
-3~
It was then moved by Alderman Kerrio, seconded by Alderman Cummings, that
the report be received and filed. Carried Unanimously.
i Mr. D. Wilson of the Niagara Falls Sertcma Club, explained that the
International Sertcma organization was founded in 1912. The local chapter was
established in 1978, being one year short of the five year existence condition
adopted by Council for groups wanting to run lotteries of various sorts (i.e.
bingo, monte carlo events, etc. ). Mr. Wilsc~ advised that the local chapter had
requested permission frcm the City to use en area for a large flea market for
fund raising purposes. While Council had accepted the proposal, the Fire
Department had turned it down due to the lack of a sprinkler system in the
arena. Since this major fund raising eveat was not allowed to proceed,
Mr. Wilson stated that the Club wanted to run a bingo game as an alternative
method of raising money. Mr. Wilson questioned the fairness of the five year
rule, end asked that Council coneider granting approval for the bingo game.
Mr. K. Hesch of Niagara Youth International advised that his group was
formed in 1982. Mr. Hesch felt it was unfair that because Niagara Youth
International was a new organization, that it would have to wait five years in
order to have a source of inccme. It was also pointed out that the public was
tired of organizations asking for donations, and it was now necessary to give
the public scaBthing in return for their money.
NOTE: Alderman Fera retired fron the meeting.
Mrs. F. Sandercock of the Gambling/Gandng Monitoring Cc~nittea, stated that
the reason for the five year condition, was to prevent organizations fr~n ccming
into the City, holding a large bingo or monte carlo event, and taking a large
amount of money out of the City. Mrs. Sandercock also questioned the
effectiveness of bingo games as a means of raising funds for charity on a
continuing basis. It was pointed out that the bingo games currently operating
in the City were being monitored, and a report ~3uld he prepared outlining the
profits frc~ these operatioDa as opposed to the expenses. Mrs. Sandercock
further indicated that a public meeting would be held in September, end that all
groups were encouraged to attend.
During the discussion (m this matter, the m~nbers of Council expressed
their views on whether or.not the five year policy should be ec~tplied with, in
light of the purposes for which the two organizations wished to raise funds. It
w~s suggested that the Gambling/Gaming MDnitoring Cc~nittee discuss the
possibility of the City w~iving the five year condition when circ~nstances
w~_vranted
Following considerable discussion, it was moved by Alderman Kerrio,
seconded by Alderman Merrstt, that Council adhere to the existing policy with
respect to bingo games and ~3~te carlo events. The motion Carried with Aldermen
Orr and Puttick voting contrary, Alderram1 Chxmlings abstaining on a c~nflict of
interest, and all others voting in favour.
It was then.nDved by Alderman Marrett, seconded by Alderman Baker, that the
oa,'.,unication fren the Social Planning Council be received and filed. Carried
unanimously. '
A nunbe= of ite~u were brought forward for consideration at this time.
C~r,(unication No. 210 - Main & Ferry Business Association - Re: Peach Queen
Festival - 1982. The cut,,unicatio~ requests a grant in the amount of $3,000
frcm the City to assist in expenses involved in the Peach Queen Festival.
ORDERED on the motion of Alderm~n Baker, seconded by Alderman Ctmmings, that the
cu,,,dnication be referred to the Finance Oa~aattee for consideration. Carried
Um3n/mously.
Co~t,tunication No. 211 - Residents of Brooks Crescent - Rez Closing of Brooks
Crescent. The cut~,unication requests that Brooks Crescent be returned to its
original orescent status and closed as a public thoroughfare at Ker Park.
ORDERED on the i(~tion Of Alderman Chessman, seconded by Alderman Janvary, that
the ~,,,unication be referred to staff for the preparation of a report. Carried
Unanimously.
Cu,.,dnication No. 212 - Mr. T. Gordcm Wyllie - Re~ Units A & B, Lot 8, Plan
aste of th, city f= of
s, ease same.
4
Mr. Wyllie was granted permission to address Council c~ the motion of
Alderman Merrett, seconded by Alderman Ckmm~ings. Mr. Wyllie stated that
contained in the deeds for lands in the Falls Industrial Park and the Extansicn,
are covets requiring City approval for the transfer of ownership during the
five year period frc~ the data of purchase. A similar convenant also applies
with respect to leases. Mr. Wyllie indicated that c~ the subject lot, ~ a
multiple use industrial building intended to ha leased to small businesses which
would hopefully grow into larger businesses. Since City approval was required,
Mr. Wyllie requested that Council approve the lease, subject to all conditioDa
and covenants contained in the deed being met. In view of the time periods
involved in the lease, Mr. Wyllie requested that Council instruct staff to have
a decision on the matter rendered by July 9th, 1982.
The Chief Adm/nistrative Officer suggested that approval of the request be
granted. on the understanding that all covets have been met. or if any
remained outstanding, the lessee would agree to ass~re the unconpleted
covexklxltao
5
ditches in order to open the road allowance as an entrance to the site. The
Alderman further advised that the City had been called, however r~ action had
been taken. In resl3Dnse to a question raised by Mayor Thomson, Alderman
Somerville stated that he did not know the name of the City staff person who had
been contacted.
Alderman Puttick suggested that Mr. Michael be contacted and requested to
address Council, particularly since he had been so er~phatic about not proceeding
with the project previously. Alderman Cunmings also suggested that individuals
who had expressed an interest in the matter previously, particularly the members
of Willoughby United Church, be notified.
Foll(~wing further cc~ment, it was noved by Alderman Cheesnkln, seconded by
Alderman Somerville, that the matter be referred to the appropriata staff to be
dealt with as soon as possible, and that a report be brought beck to Council.
Carried Unanimously.
COMMUNICATIONS
Mr. Wyllie suggested that in cases involving only the lease of the
property, that City staff should be given authority to give approvals, without
the totter having to be dealt with at the Council level. The City Solicitor did
not agree that staff should be delegated autbarity to wBive any conditions
contained in the deeds for industrial lands. Since they are oonditions of the
Corporation, the City Solicitor felt it was quita appropriata that they ccrae to
Council on each occasion. The City Solicitor also suggested that it wss
important for Council to how who purchases industrial properties and whea such
lands are to be leased.
Mr. Wyllie stated that there ere other similar buildings in the Industrial
Park having as many as fiftee~ units, and suggested that it was possible many of
the leases had not appeared before Council.
FOllowing further oa~,,et, it was moved by Alderman Cumnings, seconded by
Alderman Baker, that the request be approved subject to an agreement that all
covets contained in the deed f~r the subject property have been met or will
be complied with. Carried Unanimously.
Report No. 414 - (bier Administrative Officer - Re.' Arbitration Proceedings -
Local 528, Niagara Falls Professional Fire Fighters. The report recc~mends that
Ms. Reverley Lannigan of Tor~lto be appointed as the City's nc~dnee to the Board
of Arbitration, that the legal firm of Hicks, MOrley, Hamilton, Stewart & Storey
of Toronto be appointed to provide legal cfRmsel for the Arbitratio~
Proceedings, and advises that that a c~,,~unication has been received from Local
528 indicating that it has selected Mr. Jeffrey Back of Toronto as its nc~inee
to the Board of Arbitration. ~
ORDERED on the motion of Alderman Marrett, seconded by Alderman Orr, that the
c~.,unication frcra Local 528, Niagara Falls Professicrml Fire Fighters, be
received and filed. Carried Uely.
ORD~D on the motion of Alderman Cumnings, seconded by Alderman Kerrio, that
the report be received and adu~Led. Carried Unanimously.
Report No. 415 - Chief Administrative Officer - Re.' Property Standards By-law
74-204, Mr. Jacobeo~, 4975 Kingston Street. The report rec<~,~iends that ruder
clause (a) of sub-section 7.10.4 of By-law No. 74-204, that the Corporation
retain a wrecking contractor to forthwith ccm~oleta the work which Mr. Jacobson
~as directed to carry out under the Order give~ May 27, 1982, and that pursuant
to sub-section 7.10.5 of said By-law No. 74-204, any expense incurred by the
Corporation, its servants or agants in carrying out the work aforesaid, be
recovered in a like manner as municipal taxes.
ORDERED on the mot/on of Alderman Cu~nings, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
Cu,.,~nication No. 213 - Mrs. P. Gratley - Re.' Proposed Amen(~ent to By-law 395,
FOrmer Township Of Willoughby. The c~munication requests that the City
consider making certain amendments to By-law 395 of the former Township of
Willoughby, and that the City not issue any building permits ~nich are emtrary
to the Policy Plan of the Regi(m as it applies to the Willoughby ares during the
interhn period required for the approvals of amending by-laws.
C~l,l~uItcation No. 214 - Mr. J. Michael, Mmmslow Productions Ltd. - Re$ Pro~oeed
Motorcycle Raceway, Township of Willou~. The u~,,,uniontim advises tha'~ the
No. 215 - Regional Munici lity of Niagara - Re: Water and Sewage Flows
Municipality for May, 198~. The ck~munication provides a cc~klrison of by
water
and sewage flows by municipality for the month of May 1982 and 1981, as well as
for the five year average 1977 to 1981.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cunmdngs, that
the cca,~unication be received and filed. Carried Unanimously.
No. 216 - Niagara Transit - Re: Petition - Garner Road. The cc~,,~nication
advises that an agree~ent has been reached to provide a special service frc~
Garner Road and Lundy's Lane to Table Rock effective June 26, 1982, with one
week passes to be issued to City residents at a cost of $6.00 enabling
passangers to ride regular transit and/or the news Falls Express without
further fare for a seven day period.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cunmdngs, that
the o3m~nication be received and filed. Carried Unanimously.
No. 217 - Ontario Hydro - Re.. Allanburg Transformer Station to Niagara Murray
Transformer Station. The oa,~,unication advises that constructic~ activities on
this line have been oa,~leted and the new line is now in service.
ORDERED on the motion of Alderman Cunmlings, seconded by Alderman Schisler, that
the c~,~mication be received and filed. Carried Unanimously.
No. 218 - City of Thorold - Re.. Urea Formaldehyde Foam Insulation. The
oa~,,unication requests endorsation of a resolution requesting the A.M.O. to take
legal action against the Federal Government and the manufacturers of urea
formaldehyde foam insulation on behalf of municipalities affected.
Mayor Thces(m provided additional information in response to a number of
questions raised by Alderman Baker.
ORDERED on the motion of Alderman Marrett, seconded by Alderman Schisler, that
the c<a,,lunicatio~ be received and filed. Carried Unanimously.
No. 219 - Town of"Wallacebur - Re.' Arbitration under the Fire Departments and
Police A~ts. The cu,.tunica~
endoreation Of a
resolution
requests
petitioning
the Province to amend the Fire Departments A~t and the Police Act to provide
that arbitratice~s under the said Acts be processed pursuant to the provisicem of
the Labour Relations Act with appointment of all Arbitrators made by the
Ministry of Tabour.
ORD~ED on the .u~ion of Alderman Orr, seconded by Alderman Baker, that the
resolution be endorsed. Carried Unanimously.
No. 220 - Borough of Scarho~am~t h - Re$ Tax Deductibility for Campaign
Contributions. The c~,~uni on requests endoreation of a resolution
requesting the Province to ~nend the Provincial Elections Reform Act and any
other appropriate Provincial legislation to allow all municipal candidates to
Ninefit equally fren a system of tax deductibility for cantreign contributions.
ORDerED c~ the motion of Alderman Baker, seconded by Alderman Orr, that the
resolution be endorsed. Carried Unanimously.
No. 221 - Town of Fort Erie - Re: Prohibition of the Ice Boom at the MOuth of
the Niagara River. The u(a~,,unication requests endorestion of a resolution
requesting the International Joint Oa,,~[ssion and tba Federal Governments of
Canada and the United States to exercise their authority in prohibiting the
-6-
NO. 222 - Social Planning Council - Re: Replacement for Alderman Orr c~ the
Gambling/Gaming Monitoring C~.,.{ttee. The eal~,unication requests that Council
appoint a menher to serve c~ the C~a~lattee, since Alderman Orr is unable to
serve.
O~ on the nxDtion of Alderman Kerrio, seconded by Alderman Sc~_rville, that
Alderman Janvary be appointed to the Oa~/~H ttee. Carried Unanimously.
No. 223 - Niagara Falls Family Y.M.C.A. - Re: Special Occasion Permit. The
ccr~unication requests that ODuncil approve of a special occasion permit in
conjunction with a SloPitch Tournament at the Niagara Sports Centre on
September 2, 3, 4, 5 and 6, 1982.
ORDERED on the motion of Alderman Cheesraan, secor~ed by Alderman Cegs, that
the request be approved subject to established policy. Carried Unanimously.
No. 224 - Niagara Falls Family Y.M.C.A. - Re: Special Occasion Permit. The
oamunication requests approval of a special occasion permit in cc~unction with
a Monte Carlo Event to be held c~ July 17 and 18, 1982 at the Ponyland Farm in
COnjunction with the Niagara Peninsula Pony ~aceway Association's Annual Puny
Paces.
ORDERED on the n~on of Alderman Schisler, seconded by Alderman Dilte, that the
request be approved subject to established policy. Carried Uneesly.
No. 225 - Mr. T. Prata - Re: Handicapped Parking Spaces at the Hospital. The
oa,.~unication expresses COncern over the usa of designated handicapped parking
spaces at the Greater Niagara General Hospital, by ncn-handicepped persons.
Alderman Merrett advised that the Oa,,,~ssi~nairee would be patrolling in
the area every hour and ~wenty minutes to e~sure that the ~n~rking spaces are
being used properly. The Alderman also indicated that the By-law [hforceme~t
vehicle which is used to anforce fire lane regulations, would also pass through
the area periodically with respect to the handicapped parking ares.
ORDERED On the motion Of Alderman Merrett, seconded by Alderman Cheesman, that
the c~munieatio~ be received and filed, and that Mr. Prata be notified of the
action to be ~aken in this regard. Carried Unanimously.
No. 226 - Mr. Gunther J. Benjatschek - Re: Christian Mini-Concerts on City
Street Comers. The c~,~nieation requests permission of the City to hold
Christian Mini-Concerts on a nunher of street corners in the City.
In response to a number of questions raised, Mr. Benjatschek advised that
the concerts would be held mainly in residential ar~ in places where there
would be little or no pedestrian traffic. Guitars end flutes ~Duld be used,
however there would be no dru~s, and no substantial noise made to affect
residents. ~
With respect to the use of Centennial Square, the (hief ~aministrative
Officer advised that the Square had generally been maae available to the public.
As far as King' s Bridge Park ~as concerned, the approval of the Niagara Parks
C<a,.,.:ssion would be required. The Chief Administrative Officer further advised
that as long as pedestrian traffic ~BS not obstructed, the group had the_ ri~fc
to use the City sidewalks.
Alderman Dilts suggested that the group could proceed since it appeared
that no approvals would be required. If o~,[laints were received, the matter
could be investigated further at that time.
Following further cu~,ent, it was moved by Alderman Dilte, seconded by
Alderman Chessnan, that the c~,~un~cation ~e received end filed. Carried
Unanimously.
NO. 227 - Mrs. H. Quait - Rez Croesing Guard. ~he ~a,,,unicatio~ requests that
the City place a crossing guard at the comers of Ferguson Street and Victoria
Avenue, and at the corner of Fourth Avenue end Bridge Street.
ORD~/~D (M1 the tootie1 Of Alderman Cum~ngs, sectideal by Aldernmn Merrett, that
the o~,.,unicatio~ be referred to staff for the pr.er~.~rati(m o~ a re~ort.
Carried Unanim~ely.
No. 228 - Mrs. K. Baxter - Rez Crossing Guard. The ~a,,,~z[cation requests that
the City place a crossin~ guard at the oorner of St. Andrew Avenue and Riall
O~DERED o~ the w~lo~ of Alderman Cu~, ~ed by Alderman Merrett, that
t~e o~,,,-,nicatim be referred ~o sta,ff fur the preparattm of a report.
Carried Unanimously.
-7-
No. 229 - Mrs. A.M. Green - Re: Consa~er's Gas. The cc~rmlnicetion expresses
concern over the proposed rate increases in natural gas.
ORD~P. ED On the motion of Alderman Dilts, seconded by Alderman Cunn~ings, that the
ccnmunication be received and filed. Carried Unanimously.
No. 230 - United Nations Association - Re: Nuclear Disarmament. The
cu~,~unicetion indicates support of the Council in the issue of nuclear
diet.
ORDERED on the motion of Alderman Cunmnings, secc~ded by Alderman Baker, that the
cu,~,~ication be received and filed. Carried Unanin~usl~;.
No. 231 - St. John's Co-Operative Nursery School - Re: Financial Assistance.
The cui,,uniction requests financial assistance in the amount of $300 to assist
in n~eting operating COsts.
ORDERED on the nxDtion of Alderman Dilts, seconded by Alderman C~gs, that the
cu~.~unication be referred to the Finance Ca~nittee for consideration. Carried
Unanimously.
No. 232 - Niagara Falls Collegiate Vocational Institute - Re: Use of Oakes Park.
The cu~a,unication expresses appreciation to the City for the use of Oakes Park
during the past ec~Dol year.
ORDERED On the r~Dtion Of Alderman Kerrio, seconded by Alderman Cunmings, that
the c~,unication be received and filed, and copies sent to the Perks Department
end Recreation Department for information. Carried Unanin~usly.
No. 233 - MiDistry of the Environment - Re: Niagara River Water Quality Update.
The c~l~ulication advises that water sanples collected frce ~anicipal water
supplies fell within present Canadian Drinking Water GUidelines and the very
conservative World Health Organization guidelines for organic oDntaminents and
pesticides.
ORDERED On the motiOn of Alderman Kerrio, seconded by Alderman Curamings, that
the c~,,~unication be received and filed. Carried Unanimously.
No. 416 - Chief Administrative Officer - Re: Niagara Escar[ment Co~nuission -
Partial Rer~oval of DeveloEm~rfc Control Regulations. The report rends that
the Ministry of Municipal Affairs & Housing and the Niagara Escal~,e~t
Cu~.,.~ssion be advised that the lifting of develoFme~t Control pertaining to
lends falling outside the limits of the proposed Escaria~nt Plan would not
appear too appropriate at this time because of the matters addressed in the
report.
ORDERED on the motion of Alderman Cunmlings, seconded by Alderman Baker# that the
report be received and adopted. Carried Unanimously.
No. 417 - Chief Administrative Officer - Re.' Possible Municipal Non-Profit
Initiative - Application for Incentive Grent. The report recc~ends passage of
a resolution making application to the Ministry of Municipal Affairs & Housing
for an Incentive Grent pursuant to the said Ministry's Municipal Non-Profit
Housing Progrin, ~sing the City' e Assisted Housing Survey as supporting
material.
ORDERED on the ,~u~ion of Alderman Cun~nings, seconded by Alderman Orr, that the
report be received and adoL3ted. Carried Unanimously.
See Resolution #67
No. 418 - Chief Administrative Officer - Re: Bill 159 - Proposed New Planning
Act. The report re~<a~,'ends.' 1) That the report be circulated to Council and
various Municipal Departments for information; end 2 ) endorsement of a
resolution frcm the City of Waterloo requesting certain em~ndments to Bill 159
respecting public meetings held by councils whm considering zoning and official
plen amendments.
Or~a~ED on the motion of Alderman Baker, seconded by ?~lderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 419 - Chief Administrative Officer - Re, Housing Crisis in Niagara - A
Report of the Regional Social Services Department, DSS-14-82. The report
recemmnds that ~ouncil advise ~he Region of its gee~aral agreement with the
subject report and any warrented action Which will facilitate the provision of
,~e afforaahle housing in the City of Niagara Falls and throughout the Niagara
OeLv~ED on the m~ion of Aldemnan Ckmmings, esccndad by Alderman Schisler, that
the report be received and adored. Carried Unanimously.
-8-
No. 420 - Chief Administrative Officer - Re: Econc[nic Climate Study -
Implementation of Housing Related Recun,endations. Tne report reculmends
acceptance of the report by Council as an acticn fornula to implenent those
reeamendations of the Economic Climate Study which refer to Housing and that
staff be authorized to provide a status report every t~o months cn progress in
implementation of the recu~,,endations, and that the report be [~ssed to the
Social Planning Council Sub-cc~ittee for informsrich and to serve as a means of
continuing the close liaisel existing between the Social Planning Council and
the Planning Director on these matters.
ORDERED On the motion Of Alderman C~L~ngs, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 421 - Chief Administrative Officer - Re: Request for Release, Lot 175, Plan
M-29, 2842 Lalemant Road. The report recc~mends passage of a by-law to
authorize a release of Lot 175, Plan M-29 frcm the provisions of a subdivision
agreement between the City and Taro Properties Incorporated dated the 20th day
of Novenbeaf, 1974 and registered the 30th day of April, 1975 as Instrunent No.
232482, as amended by an agreement dated the 29th day of August, 1975 and
registered the 1st day of October, 1975 as Inset No. LT-2013, for
Registered Plan M-29.
ORDERED on the motion of Alderman Schisler, seconded by Alderman CuHmings, that
the report be received and adol~ted. Carried Unanimously.
See By-law 82-144
No. 422 - Chief Administrative Officer - Re: Morrison Reconstruction. The
report advises that construction on this project is now scheduled to cut,,ence in
early 1983, with the design (~a,~leted and all necessary approvals obtained in
1982 ·
The Director of Municipal Works provided additional information in response
to a nunber of questions raised.
O~ on the motion of Alderman Bakar, seconded by Alderman Cheesman, that the
report be received and filed. Carried Unanimously.
No. 423 - Chief Administrative Officer - Re.' Oontract R.C. 14-82, Finished Road
Construction in Bambi Estates Subdivision. The report recumerrls accel~tance of
the unit prices sutrtitted by Stel~hens and Rankin Inc. for the subject contract.
ORDERED on the motion of Alderman Cum%tngs, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
Sea By-law 82-154
No. 424 - Chief Administrative Officer - Re.' Contract R.C. 1~-82, Maple Street
Resurfacing. The report recu~,,ends acceptance of the unit prices submitted by
Steed & Evans Limited for the subject contract.
ORDERED on the motion of Alderman Ommings, seconded by Alderman orr, that the
report be received and adopted. Carried Unanimously.
See Resolution #69
See By-law 82-153
No. 425 - Chief Administrative officer - Re.. Perking on St. John Street. The
report reoa~,ends that parking be prohibited frc[n the southerly side of St. John
Street fron its intersection with Portage Road westerly past the first two
driveways servicing the adjacent properties.
Mayor ~u,~n provided additional information in response to a nunbet.of
questions raised.
OR[BRED on the i,,~,~,ion of Alderman Cunmlings, seeceded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 426 - Chief Ac%ninistrative Officer - Re, Licerice of Ontario Hydro Lands -
Southeast Comer of Murray Street and Buchanan Avenue. The report recu,,~ends
that Ontario Hydro be advised that the City has no ubJection to their short term
liceruing of the subject property to the e~d of 1984, but that part of this
property will be required for a ~erking structure subsequent to this date.
ORDERED on the m~tion of Alderman Cheem~an, seconded by Alderman Cumnings, that
the report be received end adopted. Carried U~anim0usly.
No. 427 - Chief ~r%ntnistrative Officer - Ret Neig~bourhood Improve~nt PrrrJrsm
~e 1~2 ~1 B~. ~e ~ ~ ~sMge of ~-la~ ~r ~e
'9-
money allocated for Paddock Trail Drive waterFain along with additional money
frcFn Account 20271 "Reserve Account for Watermain Replacement" be used to
finance the watellr~in installation On Paddock Trail Drive and Lee Avenue.
ORDERED on the motion Of Alderman Kerrio, seconded by Alderman Cunxnings, that
the report be received and adopted. Carried Unanimously.
No. 428 - Finance Cu,,~.{ttee - Re: Finance C~m,~ttee Reports. The report
recur.tends.' 1) Passage Of a resolution requesting the Province to reverse its
present course of action as to the imposition of the May 13th, 1982 Budget, or
in the alternative, provide additional payments to all municipalities in Ontario
to offset the financial inpact for the calendar year 1982 resulting from the
previsioas of the 1982 Ontario Provincial Budget; 2 ) That the report on the
status of taxes at May 31, 1982, be received and filed; 3) That the City
purchase a half page advertisement in the Oktoberfest bklet at a cost of $275;
4) That the City purchase a quarter p~ge advertisement in the Niagera Regional
Exhibition progra~me at a cost of $145; and 5) That the request of the Highland
Dancers be denied.
OREERED on the motion of Alderman Chee~nan, seconded by Alderman Kerrio, that
the report be received and adopted. The motion Carried with Alderman Orr voting
contrary with respect to items #3 and #4, and all others voting in favoer.
See Resolution #70
No. 429 - Chief Administrative Officer - Re: Municipal Accounts. The report
recu~,~ends payment of the nunicipal accounts.
Additional infornk~tion was provided on Cheques #10567 and #10696, in
response to questions raised by Alderman Cunrdngs.
ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary, that the
report be received and adopted. Carried unanimously.
No. 430 - Chief Administrative Officer - Re: Reting By-law for Debenture Issue.
The report recu,.,ends passage of a by-law providing for the levying of rates to
pay the principal and interest charges on the $1,000,000 debenture issue dated
Febp,~ry 5, 1982.
The Deputy Treasurer provided additional information respecting the
interest rate on the debenture issue, in response to a number of questions
raised by Alderman Puttick.
OREERED On the motion Of Alderman Cunmlings, seconded by Alderman Cheasman, that
the report be received and adopted. The motion Carried with Alderman Puttick
voting contrary, and all others voting in favour.
See By-law 82-148_
No. 431 - Finance Oam,~ttae - Re: Grant for the All Canada Junior Baseball
(=mmpicnship. The report reea~nda that Council support the grant request for
the All Canada Junior Baseball (~anpionship, and that the amount of the grant be
determined by Council.
Mayor Thcr~on advised that the City did provide a grant to the Greater
Niagera Basebell Association several years earlier for a similer event, and at
that time an amount of $1,000 was given. The MayDr indicated that according to
a representative of the group, at least $1,000 would be required for the All
Carmda Junior Baseball Championship this year.
Alderman Cumnings stated that there had not been any representatives of the
organization present to ~o~ide information when the matter had ~een discussed
by the Finance Cumattee. The Alderman indicated that the Recreation C(mmission
felt the grant ~as for a worthwhile cause, and would have provided funds in its
budget if the request. had been received prior to finalization.of the Recreation
Following further e~ment, it was moved by Alderman Cunmdngs, secor~]ed by
Alde=~mm Cheei~,~n, that the matter be referred beck to the Finance Ccmmittee for
further consideration, and that a representative of the Association be requested
tO attend. Carried Unanimously.
No. 432 - Chief ~hinistrative Officer - Re~ Site Plen Approval (Part 2)
P~u~ueed 58 Unit Apartmint Dwelling, Bruce Avenue (North Limit of Bruce Avenue
at McLeod Road. The report reuu,~fends approval of the subject site plan subject
to certain conditions.
OSDER~) On the ~ion of Alderman Cu~aings, seconded by Alderman Cheesman, that
the re~crt be received and adopted. Carried Unanimously.
- 10 -
No. 433 - Chief Administrative Officer - Pa: Revised Implementation Agreements
for Glenview, ~ South end Woodbine Are. The re[err recuL,~ends lassage
of a by-laws to amend the implementatic~ agreements for the subject
redeveloEment areas.
OREERED On the nrfcion Of Alderman Cunmings, sec(mded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 434 - Chief Administrative Officer - Re: Cheque No. 10300. The report
reco**lends payment of Cheque No. 10300.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the
re~ort be received and adopted. Carried Unanimously.
No. 435 - Chief Administrative Officer - Re: Demolition Quotations 4757 Siretoe
Street. The report recuaa,ends that United Contracting C~,~any of 4376 Stanley
Avenue, Niagara Falls, Ontario, be awarded the contract for d~f~lition of the
subject building.
ORDERED on the Aau~iOn Of Alderman err, seconded by Alderman Schisler, that the
report be received and adopted. Carried Unanimously.
See By-law 82-152
No. 436 - Chief Administrative Officer - Re: Information for Energy
COnservation. The report reo~,.aends that COuncil accept an invitatioD frc~n the
Regional Municipality of Niagara to participate In their data processing service
for nxmitoring eqergy usage and utility costs in nunicipally owned buildings.
ORDerED el the motion of Alderman Janvary, seconded by Alderman Chinratings, that
the report be received end adopted. ~ried UnaninxDusly.
No. 437 - Chief Administrative Officer - Re: Closing of Part of Park Street -
Flea Market. The report rec(lmmnds that permission be granted to Olde Country
· Antiques for the closing of a portion of Park Street for the purpose of
emhibiting antiques each Saturday fr~n July 10th to September 25th, 1982, and
passage of the appropriate by-law.
ORDERED on the ,~ion of Alderman Cheesman, sec(mded by Alderman Baker, that the
report be received ara adopted. Carried Unanimously.
See By-law 82-145
No. 438 - Chief Administrative Officer - Re.. Vandalism Report. The report
rec~,,ends that the Social Planning COuncil be given this report and all beck-up
information and further that they act as the ~-dtor~ e(~,,~ttea on randalien
OREERED on the motion of Alderman Cunmings, secelded by Alderm~n Cheesman, tllat
the report be received and adopted. Carried LhlanizDusly. ~ '
No. 439 - Chief Aaministrative Officer - Re~ Renewal of Contract - F~,~tions
and Facilities Coordinator. The report recu,~,errls that the agreement dated the
21st day of July, 1980 between the Corporation of the City of Niagara Falls end
Mr. Robert Lavelle, Prfa~ti(ms and Facilities Co-ord/nator, be extended for a
further period of 60 days, on the understanding that tba conditions of any new
agreement antered into by the respective parties be retroactive to'July 13,
1982. t
During the discussion un this ktem, sevaral ~,~t~ers of Council requested
that additional information be provided (i.e. proceeds fr~n various events held
at mmicipel facilities, the ~otal remuneration peid to Mr. Lavelle during the
two year period, emments free organizaticels that have dealt with Mr. Lavelle,
etc. ), at tba time the matter is considered further by the Finance C~,~dttee.
ORDERED on the mo6ion of Alderran C~es~n, secoraad by Aldemmn Cu~nings, that
the r~y3rt be received end edu~ed.. Carried Unanimously. ,
No. 440 - Ma~or ~-e3n - Res Parking in Fairview Cenetery during Events at
Oekes Park. ~he report recu~,,,mds that the nmtter of ~erking in 'Fairview
Cavetery when large events euc~ as ~he M~lso~'s SXo-Pitch Tourmmmnt are being
held ~n Cakes Park, be referred to staff for a cm~lete report as to ~ this
O8~ED on the motio~ of Aldermini (Irare/rigs, esccedad by Alde~fen Somerville,
that the re~ort be received a~d adopted. Carried Unanimously.
441 - Local Architectural Co~servatice Advisory Gamdttee - ReN B.R.~.~.
Fu~iW. ',he re]x~% reef, meals that the ~sW of ~ ~ ~tm ~
~ ~t ~ ~ty ~ Ni~a ~lls is ~r~ ~ m~g ~ a
- 11 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
the repDrt be received and adopted. Carried Unanimously.
No. 65 - CHR.~4~AN - CL~MINGS - RESOLVED that the Niagara Falls Family Y.M.C.A.
be granted permissiun to conduct a beer and/~r liquor concessiun on September 2,
3, 4, 5, and 6, 1982 at the Niagara Sports Centre, and on September 4 and 5,
1982 at Palmer Park subject to the approval of the Niagara Regional Police, the
Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor
Licensing Board of Ontario; AND the Seal of the COrporatioa be hereto affixed.
Carried Unanimously.;
No. 66 - SCHISLER - DILTS - RESOLVED that the Niagara Falls Family Y.M.C.A. be
granted permission to corfiuct a beer concession in conjunction with a MDnte
Carlo Event to be held as part of the Niagara Peninsula Pony Raceway
Association's Annual Pony ~aces o~ July 17th and 18th, 1982 at Ponyland Faro in
Niagara Falls subject to the approval of the Niagara Regional Police, the
Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor
Licensing Board of Ontario; AND the Seal of the COrporation be hareto affixed.
Carried UnanimousiX
No. 67 - ~GS - eRR - RESOLVED THAT WHEREAS the Ministry of Municipal
Affairs & Housing provides Incentive Grants to nunicipalities interested in
participating in the Municipal Non-Profit HOusing Program;
AND W%~aFAS the City of Niagara Falls wishes to examine the feasibility of
developing mmicipal non-profit housing;
THEREFORE BE IT RESOLVED that the City of Niagara Falls wishes to make
application to the Ministry of Municipal Affairs & HOusing for an Incentive
Grant pursuant to the Ministry' s Municipal Non-Profit HOusing Program, using the
City's Assisted HOusing Survey as supporting material; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimousl~
No. 68 - ~GS - BAKER - RESOLVED that the unit prices sutmitted by Stephens
and Rankin Inc. for finished road construction in Bambi EStates Subdivision, be
accepted at the tendared price of $146,729.30; AND the Seal of the Corporation
Carried UnanimousiX
No. 69 - M - eRR - RESOLVED that the unit prices sukmitted by Steed and
Evans Limited for the resurfacing of Maple Street, be accepted at the tendered
price of $137,715.09; AND the Seal of the Corporation be hereto affixed.
Carried unanimoustX.
No. 70 - KERRIO - eRR - RESOLVED THAT WHEREAS .the City of Niagara Falls and
other Municipalities throughout the Province of Ontario are faced with
increasing.costs to provide necessary services to their taxpayers; and
W~REAS most manicipalities in the Province of Ontario have approved their
curtrot budget for the fiscal year 1982~ and
MMRFAS the Ontario Provincial Budget announced by the Treasurer, the Honearable
Frank S. Miller on May 13, 1982, proposes to apply the retail ealea tax to .
previously ex~[t Municipal activities; and
~ the impect of these measures will substantially affect the municipal
financing strategies adop~ad for 1982;
NeW TH~a~ORE BE IT RESOLVED that the Council of the City of Niagara Falls
hareby requests the Provincial Gove~xment to reverse its present course of
action as to the imposition Of these measures, or in the alternative, provide
additional payments to all Municipalities in Ontario to offset t~a financial
impact for the calendar year 1982 resultir~ frcm the provisions of the 1982
Ontario Provincial Budget~ ena further
THAT copies of this reeclution be sent to the Member of the Legislative Assembly
represelting Niagara Falls, to the Niagara Pagional Develo~m~_nt Corporation,. to
the Regior~l Municipality of Niagara, to the Association Of Municip[alities of
Ontario, to the Chamber of Cxa~,,erce and to the T~dar of the Provincial
Opposition P..arty, Mr. _David Peterso~; A~3 the Seal. of the Cot[oration be hereto
affixed. . .
C~rried Unanimo~slx
- 12 -
P-LAWS
ORDERED On the motion of Alderman Baker, seconded by Alderman Cneesman, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first ti~:
No. 82-144 - A By-law to authorize a relese.
No. 82-145 - A By-law to close a portice of P~k Street to vehicular traffic
on a temporary b~is.
No. 82-146 - A By-law to ed By-law 3790, being a by-law for the
regulation of traffic.
No. 82-147 - A By-law to amend By-law 80-261 providing for appointments
to certain Boards, Cat,t.{ssions and Cux,tdttees.
No. 82-148 - A By-law to provide for the levy of rates to pay the principal
and interest on debentures of The Regional Municipality of
Niagara in the principal ~mount of $1,000,000.00 issued for the
purposes of The Corporation of the City of Niagara Falls.
No. 82-149 - A By-l~ to authorize an agr~t with 500875 Ontario Limited
respecting a site plan and the oc~struction of servic~ on
Bruce Avenue.
No. 82-150 - A By-law to authorize an amending agreement with
Robert Lavelle.
No. 82-151 - A By-law to authorize the construction of store sewermains
in the Woodbine Redevelolxnent are of the City.
No. 82-152 - A By-law to authorize the execution of an agreenelt with
United Contracting Co. for the demolition of a building.
No. 82-153 - A By-law to authorize the execution of an agreement with
Steed and Evans Limited for the resurfacing of Maple Street.
No. 82-154 - A By-law to authorize the execution of an agreement with
Stephens and Rankin Inc. for the construction of finished roads
in the Bambi Estates Subdivision.
No. 82-155 - A By-law to authorize an agreement with Her Majesty the Queen
in Right of Ontario represented by the Minister of Municipal
Affairs and Housing. (Glenview RedeveloEment Area)
No. 82-156 - A By-l~ to
in Right of
Affairs and
authorize en agMt with Her Majesty the Qu~
Ont~io represented by the Ministar of Municipal
HOUSing. (Drumxxid South Redevelula~dmt A.r. ea)
NO. 82-157 -'A By-law to
in Right of
Affairs and
No. 82-158 - A By-law to
authorize an agreemmnt with Her Majesty the Queen
ODe~io represented by the Minister of Municipal
Housing. (Woodbine Redevelopmint Area)
provide ~-de8 for general purposes.
No. 82-159 - A By-law to authorize an agreement with L0u Br~-eau & Sons
Constation Limited.
C~ied U~i~ly
O~D on the motion of
the following by-lawB be
No. 82-144 - A By-law to
Alderman Kerrio, seconded by Alderman 8chisler, That
now read a second end third t3hl~:
authorize a release.
No. 82-145 - A By-law to close a portion of Park Street to vehicular traffic
on a t~m~orax7 basis. ·
NO. 82-146 - A By-law to arerand By-law 3790, being a by-law for the
regulation of traffic.
N6. '82-147 - A By-law to ~mmd By-law 80-261 providing for appointments to
certain Boards, O~mm,{SsiOns and (3~tmt,{tteeSe
m mm
No. 82-148
- 13 -
- A By-law to provide for the levy of rates to pay the principal
and interest ~ debentures of The Regio~l Municipality of
Niagara in the principal amount of $1,000,000.00 issued for the
purposes of The Corporation of the City of Niag~a Falls.
No. 82-149
- A By-law to authorize an agreement with 500875 Ontario Limited
respecting a site plan and the construction of services on
Bruce Avenue.
No. 82-150 - A By-law to authorize an amending agreerant with
RDbert Lavelle.
No. 82-151 - A By-law to authorize the construction of store sewermains
in the Woodbine Redevelolm~t ~e of the City.
No. 82-152 - A By-law to authorize the execution of an agreement with
United Contracting Co. for the demolition of a building.
No. 82-153 - A By-law to authorize the ex~ution of an agret with
Steed and Evans Limited for the restfacing of Maple Strset.
No. 82-154
- A By-law to authorize the execution of an agret with
Stephens and Rankin Inc. for the construction of finished roads
in the Bambi Estates Subdivision.
No. 82-155
- A By-law to
in Right of
Affairs and
authorize an agreement with Her Majesty the Queen
Ontario represented by the Minister Of Fsanicipal
Housing. (Glenvim Redevelol~t Area)
No. 82-156 - A By-law to
in Right of
Affairs and
authorize an agreement with Her Majesty the Qusen
Ontario represented by the Minister Of Municipal
Housing. (D~d South Redevelofmnent Area)
No. 82-157 - A By-law to
in Right of
Affairs ~d
authorize an agreement with Her Majesty the Queen
Ontario represented by the Minister of Municipal
Housing. (Woodbine Redevelopment Area)
No. 82-158 - A By-law to provide monies for general purposes.
Ho. 82-159 - A By-law to authorize an agreenent with L0u Brezeu & Sons
Construction L/mited.
0DUNCIL A{
Alderman Kerrio expressed concern over the amount of time that is taken at
s~ne Oouncil meetings by presentsti~e, resulting in the business item m the
agands being dealt with quite late in the evening. Mayor Thcmsun suggseted that
such itens could be delt with at General Cul,~H ttse sessions, on~ the regular
schedule of meetings is resumed in September.
PmESTRIAN CROSSING - MAIN STPa~'i'
In response to a question raised by Aidera Once, Mayor Th~n
advised that the new sig~lized pedestrian crossing on Main Street would be
activated shortly, and that a short ceremony would ~e arranged by the Transit
Cc~nission. Alderman Cheesman requested that the members of Council be notified
Of the date of the cerencely.
W'a~.n COUNTS
Alderman Cunmd_ngs advised that be had received a number of cc~plaints
c~erning the weed probl~ in the Westwood II Subdivision, which is not fully
developed as yet. The Alderman also noted that there will be a school bus
loading zone in the area, and an appropriate sign should be erected.
With respect to the weed ~a,[laints, Mayor Thouson advised that the Weed
Inspector had explained to hhn that with the change in the system adopted this
year, he vas working six to eight weeks behind schedule. Much of his time is
spent handling telephone calls, and he has less time than he previously did, to
go out euld inspect oa,{~lainte.
- 14 -
BASR4ENT FLOODING RELIEF PRfXI~CT - CHIPPAWA
Alderman Dilts advised that on July 7th, the last piece of pipe would be
placed in the project designed to relieve basement flooding in the Chippaw~
area. The Alderman stated that since the storage tanks were not placed in the
ironedlate ares where flooding had been experienced, many residents were not
aware of why the work was being done. Mayor Thc~scn suggested that the Chief
Administrative Officer call the local press to ~cc if an appropriate article
could be printed.
I~,'k~S~CTION IMPRe - STANLEY AVENUE & V~TI,RY WAY
Alderman Kerrio asked if the project for improvements at the intersection
of Stanley Avenue and Valley Way was within budget. Mayor Thc~scn stated that
a full report would be brought in en the matter.
Alderm~n Puttick suggested that the newspaper stand located c~ the traffic
island in the intersection, be relocated.
CONTRACT DISCUSSIONS - OHIO BRASS
Mayor Thcmsen stated that because of the seriousness of the strike
situation at the Ohio Brass plant, he had contacted both enim and management
officials in an attempt to have both sides return to the bargaining table.
Mayor Thc~sc~ asked that be and the Personnel Officer he authorized to offer
their assistance in resolving the current labour dispute. It ~as moved by
Alderman Cheesman, seconded by Alderman Kerrio, that the rec~eendatic~ Of the
Mayor be appr~ed. C~ied Unani~ly.
TOM MAPLE LEAF FA~4 TEAM - ST. CATHARINES
Alderman Puttick indicated that he had heard (n an American news program,
that the American Hockey League had rejected the move of the TOronto Maple Leaf
farm te~n to St. Catharines, Ontario. Mayor Thcmscn stated it was his
understanding there would still be another round of discussions c~ the matter.
Alderman Schisler provided saa'~tional information on the matter.
******
It ~as moved by Alderman Chessman, seconded by Alderman Baker, that the
meeting adjourn. Carried Unanimously.
T~]~TY-TH/RD M~WFING
P3DG3LAR b~L~TING
Ccm,ittee Roon #1
July 19th, 1982
(DOM~i'rA'K~,' OF THE WHOLE
Council met on Monday, July 19th, 1982 at 7:00 p.m- in C~nmmittee of the
Whole. All members of Council were present with the exception of
Alderman Orr. Aldernk~n Chessman presided as Chairman.
Following consideration of the items presented, the C~z,Aattee of the Whole
arose without reporting. ~ · ~ AAA · · .
MAYOR WAYNE TFKDMSON
Council Chambers
July 19th, 1982
Council met on Monday July lgth, 1982 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aidend, an Orr. His WOrship, Mayor Themson presided as Chairman.
Alderman Chee~nan offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cunmlings, seconded by Alderman Fera, that
the minutes of the meeting held on July 5th, 1982, be adopted as printed.
Carried Unaninuusly_
DEPUTATIfXNS
RESID~qTS OF FIE AV~I~UE - TRUCK TRAFFIC ON FIRST AVENUE NEAR BRIDGE STREET
Ccr~eanication No. 234 - Residanta of First Avenue - The cca~.,unication oa,plains
of noise, fua~es, dust end debris as a result of truck operations operated
First Avenue near Bridge Street.
Mayor Thcmson stated that Mr. Joseph Nicoletti, of the lawfirm Nicoletti
and DiPaul, who represents the reeidente of First Avenue, was present and
wished to address Council.
Mr. Nicoletti said that the matter was brought before Council approximately
one and one half years ago and be felt that many factore were involved by the
trucks using First Avenue. Mr. Nicoletti informed Council of scme of the
problems that are caused by trucks, such as E~3tholas in the road, f~nes fr~n
the trucks that ere caused while they wait to pick up their load, and also the
noise that is caused during the day and night. Mr. Nicoletti stated that
fifteen ooncernad residents of First Avenue ~ere in attendance at the Council
meetin~ and all of these people signed a petition that was presented to Council.
Mr. Nicolstti suggested that perhaps more oil could ~e put on the road
as well as signs being posted to prohibit truck traffic on First Avenue.
Mayor T~,bon said he af~reciated Mr. Nicoletti ' s concern end that a lot
Of effort had been made to alleviate this problem. Mayor Thcmscn informed
Mr. Nicolstti that the C.N. access at First Avenue had been closed for a
period of time, however, Mr. Bob Gale, wh3 owns property On First Avenue, re-
opened the access. Mayor Thc~ec~ also stated that signs, which were erected
earlier had to be removed b~u~ a questira had ~ism as to their legality.
Alde~Mm Dilts stated that there have been b~inesses in the ar~ for ~y
years and there has never bern a problem with truck traffic.
-2-
Mayor Thc~son informed Alderman Dilts that the previous business in that
area did not use First Avenue as frequently as the business in that area does
now. Mayor Thu~c~ said that the Chief Administrative Officer has a meeting
with representatives frcm businesses c~ First Avenue On Thursday morning.
The Chief Administrative Officer stated that in respect to the condition
of the road on First Avenue, there had been scme construction in the area for
sanitary storm sewers and that the reuedial work would be carried out this
-3-
Mayor Thcmson stated that Mr. Doxey had been billed by the City for water
that was shut off since January 21st, 1982. Mayor Thomscn said that he had
checked with the Water Department and that the by-law indicates that residents
m/st pay water their w-ate/- bills even whe~ their water has been turned off.
It was moved by Alderman CunmLings, seconded by Alderman Baker, that
Mr. Doxey be granted permission to address Council. Carried Unaniu~usly.
Alderman Dilts suggested that the matter be tabled until a later
date.
Alderman Merrett was in favour of tabling the matter end expresssed
sympathy for the people in the area. He felt that nothing could happen
until a cu~nise w~s made with the residents end businesses of the area.
He felt that sidewalks should not be constructed until the traffic problen
is resolved as the trucks may ruin the sidewalk. The Alderman suggested
that the roadway be resurfaced next week.
Alderman Kerrio said that before the matter is tabled ha would like to
hear about scme possible solutions to the problen.
Mr. Doxey said that at the end of January he checked his vacant property
and found that he did not have water services. He assumed that the cold
' weather made the pipes freeze. He stated that be called the Water Department
during the first ~k of June and w-ds informed that the water had been turned
, off on January 21st, 1982, at 1:01 a.m. Mr. Doxey stated that he has paid his
! water bills ending February 28th, 1982, and has received another bill ending
a June 30th, 1982. He feels that ha is entitled to a refund since be was paying
for water which be was not getting.
Mayor Thc~son cc~r~ented that the Water Department Supervisor, in error,
· did not advise Mr. Doxey that the water had been turned off, however, the
supervisor did advise Mr. Doxey to send in a letter.
Mayor Thcmson felt that the crLly solution would be to ~rohibit truck
traffic on First Avenue.
The Chief Administrative Officer stated that the problem may be resolved
if there was no truck access to First Avenue, h~Never, businesses would suffer
greatly.
Alderman Kerrio suggested that a limit of weight be set for trucks using
First Avenue.
Follcx~ing considerable discussion, it was moved by Alderman Dilts,
seconded by Alderman Marrett, that the matter be tabled and the petition be
received and filed. Carried Unan/mously.
MR. T. MYIqTIUK - PAINTING OF STRm=r M3MBERS C~ CURBS
Report No. 442 - Chief Administrative Officer - The report rec~l. Lemds that a
decisio~ be made regarding the request of Mr. T. Mykytiuk to continue the
painting of housen~ers (m additioxlal streets in the Municipality.
It was moved by Alderman Cheesr~an, seconded by Alderman Baker, that
Mr. Mykytiuk be granted permission to address Council. Carried Jnanimously.
Mr. Mykytiuk stated that be ~ould like Council's approval to continue
painting street nuubers on curbs on Vanus Crescent end also to start in other
ereas of the City where residents are interested. He stated that be has
received telephcfie sells frcm interested people in the north end of the City and
also west of where he resides.
Aldermen Dilta end Puttick felt that if this is the. taxpayers' desire,
Alde~Bn Merrett stated that When Mr. Mykytick fireS began this project
he wee under the impression that COuncil c~ly gave permissic~ for the curbs
on Venus Crescent to be painted until such time it ~as [i-oven that the manbets
were ~eathar resistant. He also said that standards should be set as to the
colour of the manbets, ~ize, etc.
Mr. Mykytiuk stated that be uses 3 inch numbers, paintad black un a
white beckground in a rectangle shape.
Alderman Baker requested that Mr. Mykytick send a letter to the Director of
Municipal Works so that Council is kept aware of how the J~b is progressing.
Following further ~,,,ent, it wee moved by Aidemen Dilte, seconded by
Alderman Merrett, that Mr. Mykytiuk be granted permission to continue his
project, following the standards that he has set. Carried Unaninu~ly ....
ntwnber of it~f~ were brought forward for cc~sideratiofi at this time.
FOllowing further discussion, it was moved by Alderman Baker, seconded
by Alderman Dilts, that the matter be referred to staff for a re,port.
Carried Unanimously.
CCX~4UNICATIONS
CQ~e,unication No. 235 - Mr. D. Dal Hello, Mr. R. Shantz, Mr. N. Mazzone -
Pa: Gasoline Outlet at 5104 Victoria Avenue. Tne cu~i~.~nicatioas request
It hat the 7 Eleven Food Store at 5104 Victoria Avenue be denied a licence to
open a self-serve gas bar.
0RDER[D on the notion of Alderman Cheesman, seconded by Alderman Cun~ings,
that the c~E~uniestion be referred to the Planning end DeveloFr~nt C~l~l~ttee.
Carried Unanimously.
Ommunication No. 236 - Niagara Frontier Humane Society - Re: Leg Hold Traps.
The c~Li~unication requests that Council take/nmediate steps to obtain a
private bill prohibiting the use of the leg hold trapa within the City of
Niagara Falls.
ORDERED On the motion Of Alderman Chees~kln, seconded by Alderman Cunlnings,
that the request be approved. Carried Unanimously.
MINISHED BUSINESS
: P~0POSED E TO BY-LAW 395, WI~
Peport NO. 443 - Chief Administrative Officer - He: Proposed Amendment to By-
law 395, former Tc~mship of Willoughby. The report reca,.,Bnds that the amend-
ments to By-law 395. former Township of Willoughby, be enacted.
Alderman Puttick inquired whether a race track could still be located in
that specific area eve though the by-law is enacted.
The City Solicitor informed the Alderman that if a race track had been
established prior to the passing of the by-law, it would be a legal operatim.
Alderman Puttick also stated that a former Alderman previously owned the
property and sold to people who would develop it into recreational uses.
He asked if the Industrial C~a~.,.{ssion had been c~atacted. Alderman Puttick also
suggested that this by-law should be circulated to people who may be
contemplating purchasing property in the ares for eSrictly recreational uses.
The Alderman suggested that the matter be tablad until all the facts are
Alderman Dilte felt that point No. 2 in the report, requesting that
"City Council ccfisider a resolution directing the City's Buildings & Inspections
Depa~-~,ent not to issue any building permits Which ere contrary to the Policy
Plan for the Regional Municipality of Niagara as it appliea to the Willoughby -
area during the interim period required for %he approvals of the by-law(s)",
should be looked at by the City ~olicitor.
-4-
The City Solicitor stated that when a proposed building cu,~lies with the
Regional Policy Plan, the Building Inspector has to abide by the law.
Follc~ing further discussion, it was moved by Alderman Dilts, seconded by.
Alderman Scmerville, that the report be received and adopted.
Carried Unanimously.
C(lvMUNICATIONS
Cu~i~3ication No. 237 - Mr. C. D. Hall - Re: Aluminch Scrap.
The cu~iL~ulication requests permission to pick ~p and dispose of aluminch scrap
in the City of Niagara Falls.
Mr. Hall addressed Council stating that he wished permission to pick Lp
aluminch scrap contained in barrels within the City. Ha stated that he would
not enter residential properties.
Alderman Cheesman invited Mr. Hall to attend the Public Works C~L~LHttee
r~eting on a Tuesday evening.
ORDERED On the motion of Alderman Puttick, seco~aed by Alderman Cunmlings, that
the c~L.~unication be referred to the Public Works C~,~a ttee.
Carried Uely.
No. ~.~.~. - Chief Administrative Officer - Re: Purchase of Additonal Properties
for "River Road/Queen Street Entrance". The report reAa~,,~nds that Staff be
authorized to proceed with the purchase of three properties known respectively
as 4173, 4781 and 4187 Queen Street by exercising an option to purchase, in a
form to be prepared by the legal department, m the properties nunicipally known
as 4173 & 4181 Queen Street end Staff also be authorized to negotiate a suitable
option for purchase of the property nunicipally known as 4187 Queen Street,
together with all costs including related survey costs end land transfer tax to
be paid frc~ the budget of the 1982 account allocated for this purpose.
Mayor Thcmson stated that Mr. Gabe Hallouk w~s in attendance and wished
to address Council respecting this matter. ,
It ~as moved by Alderman Dilts, seconded by Alderman Cunmdngs, that
Mr. Gabe Hallouk be granted permission to address COuncil.
Carried Unanimously.
Mr. Hallouk informed the Alderme~ that the City's procrastination in
approving the purchase of the properties had resulted in C.M.H.C. selling
a piece of property, located at 4187 Queen Street, to a Toronto ~an.
Mr. Mallouk stated that perhaps the sale could be stopped in s~ne legal way,
however, this would result in legal fees and other expenses.
Mayor Thcmsc~ stated that the delay in purchasing the property ~as caused
by waiting to hear whether the Province would fund the Queen Street entrance
under the Dcwnte~n Revitalization Program.
Alderman Marrett said that he supported the project fren the ~eginning and
end Council accepted the concept, therefore, Council has to support it at this
Alderman Dilts pointed out that the concept had not been followed when the
Niagara Falls Canada Visitor and COnve~tion Bureau had bee~ permitted to use the
building at Queen Street and River Road, which was to be tom down as p~rt of
the project. Mayor T~ka,~c~ informed the Alderman that Council had granted
permissic~ for the Bureau to me the building on a %e~orary ~-ts.
Following further discussion, it w~s moved by Alderman Merrett, secce~ded
by Alderman Cheee~an, that the report be received and adu~ed. The motion
Carried with Aldermen Dilts and Puttick voting ~ntrary, and all others voting.
No. 238 - Downt~m Board of Mmn~ement - Re. Side~lk Sale for Downtern
Merchants. ~he ~,.~unicati~ requests Council's penniesion to hold their
annual. sideelk sale on July 24th, 1982.
-5-
ORDERED on the motion of Alderman Baker, seconded by Alderman Cunmings, that
the request be approved. Carried Unanimously.
UNFINISHED BUSINESS
JO~q N. ALLAN PARK
Report No. 445 - Chief Administrative Officer - The report reccmnends that City
· Council review the fact sheet prepared by the Director of Recreation and
· determine: (a) if the City should proceed with the licencing of lands owned by
Ontario Hydro, on the north shore of the Welland River, for park develoFment
purposes; (b) if the City should proceed with the acquisition of a 34 acre
parcel of land east of Stanley Avenue (Site #1 on the October 1981 report) at a
negotiated price acceptable to Council; or (c) bth of the above.
Report No. 446 - Recreation Cc~mission - Re: Ontario Hydro Property -
Welland River. The report reoa~,~ends that the City lease the Ontario Hydro
property between Chippaw~ Perkw~y and the Welland River frc~ Stanley Avenue to
the Hydro Canal to he used as a city park.
Alderman Merrett stated that he was in favour Of recu~,lendation (c) since
the park could be developed in the future after the money fr~n the sale of
~Joha N. Allan collects interest.
Alderman C~,u,angs stated that he was in favour of Recc~Fmendation (a) and
that he would like to see the money fr~n the sale of the park used in various
ways.
Aldermen Dilts, Baker and Kerrio felt that it is not necessary to purchase
any property when the Hydro lands can he leased.
Alderman Puttick stated that money would be wasted if Council kought
~roperty and did not use it until the future.
Alderman Cheesman stated that this is an ideal opportunity for COuncil to
i Alderman Chee~nan questioned the legality of naming the leased
~p~ece of property John N. Allen Perk.
FOllowing considerable discussion, ,Hayor Thcmson stated that the vote
It was moved by Alderman Cunmlings, seconded by Alderman Baker, that
!~e~jtion (a) be received and adopted. Carried Unanimously.
It ~as then moved by Alderman Merrett, seconded by Alderman Cheesman, that
~tion (b)be received and adopted. The motion was Defeated with the
-following vote:
~YE: Alderme~ Cheesman, Janvary end Merrett.
~_~ Aldermen Cumnings, Dilte, Fera, Baker, Puttick, Schisler and Kerrio.
Alderman Scmerviile refrained fren voting on a conflict of interest.
It wBs moved by Alderman Cumnings, seconded by Alden~an Baker, that the
~ report Of the Recreatio~ Ce~a ssion be received end filed. Carried Unanimously.
~L~ING OF BROO~ CRESCENT AT K~R PARK
~port No. 447 - Municipal Works Oa~.,{ttee - The report rec(mmmnds that
~.~Pproximately 100' of steai guide rail be erected at the north/west limit of the
r Park parking lot where Brooks Crescent comes into it, with proper diamond
~haped checkerboard sign to indicate the end of the street, end also the
~rection of a "no exit" sign at the comer of Brooks Crescent and Sinnicks
~%ven~e.
~ on the motion of Alderman Chessm~n, seconded by Alderm~n Cummings,
that the report be received and adopted and residents of Brooks Crescent be
~tacted to deterre/he if they ~ere satisfied with this type of barricade as
jNo~). grass boulevard, etc. Carried Unanh~ously.
448 - Recreation C~a~aassion - The report states that the Recreation
.~ission supports the z~quest of the Brooks Crescent residents to close this
~trest to all ~D~orized vehicles e~tering Or exiting Ker Park and that this
~eport be forwarded to staff to be included in the staff report.
0.RDERED on the motion of Aideman (heem~an, seomded by Alder~n Cummings,
~he report be received a~d filed. Carried nanimously. U
-6-
RIVER ROAD STUDY AREA EVALUATION REPORT
Report No. 449 - Chief Ad]0inistrative Officer - The report recc~mends: 1) that
the recul.~endations of the colsuiting firm, Walker, Wright, Young & Associates
Ltd. outlined in their report entitled River Road Study Are - Evaluation Re~rt
be adopted by Council; end 2) that the oonsultants be directed to proceed with
the preparatiol of a detailed neighbourhood plan setting out the policies,
prograntors, timing, financial aspects, funding and land use planning strategies
necessary to fully Wplenent the selected concept.
ORDERED On the motio~ Of Alderman Cummings, seconded by Alderman Fera, that
the report be received and adopted. MOtion Carried with Aldermen Dilts,
Baker and Janvary VOting contrary, all others voting in fayOur.
Report No. 450 - Chief Administrative Officer - Re: Special Events
1. Cooney/Holmes Fight 2. N.H.L. Slo-Pitch Tournament. The report provides
infoAn~tion respecting the subject events, and suggests that the informatim be
referred to the Finance C~,.,~ttee for further Oo~sideration.
ORDERED on the motion Of Alderman Puttick, seconded by Alderman Dilts, that
the report be referred to the Finance C~t.tattee. Carried Unanimously.
CCM~NICATIONS
No. 239 - Unicef Ontario - Re: Donation of Parking Fines c~ Any One Day of the
Week. The oat.,unication requests that the City colsider doPating all revenues
iron parking fines collected on any one day of the ~eek before Hallowe'an
towards Unicef's ~ork with chilean.
Alderman Janvary suggested that all citizens of Niagara Falls be mcouraged
to participate in this worthy cause.
ORDERED On the ~otion Of Alderman Merrett, sec(mded by Alderman Chens~en, that
the City dolate $100.00 towards Unicef's work with chilean.
Carried Unan/mously.
No. 240 - City of Port Colborne - Re.' CoDaumers' Gas Increase. The
c~t.,unication requests endorsement of a resolution upposing the Froposed
Cc~su~ers' Gas increase.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the resolution be endorsed. Carried Unaninously.
No. 241 - Bell Canada - Re: Request FOr Increase In Retss. The cut.tunication
advises of an application for an increase in rates for Bell Canada.
ORDERED On the afoWion of Alderman Dilts, secolded by Alderman Clmm~gs, that
the (x~,,,mlication be received and filed. Carried Unanimously.
No. 242 - Ministry of Transportation end C~,.,unication - Re.' Suhnission of
C~,.ffmts to Ministry of Transportatim and Comm=Lication Regarding Bell
Canads ' s Operaticelal Performance.
Alderman Baker felt that residents in Alderman Schisler's area of the
City should not have to pay long distance charges for calls within the City
limits. Alderman Schisler ~atuented that the residents in the area were unable
to core to a general agreement regarding the telephole service, whether the
nunbears ~uuld be under the Niagara Falls exchange or the Port ~obinson exchange.
Mayor ThcmBon indicated that officials of Bell Canada ware reviewing a
ntmber of alternatives in an att~,[~ to resolve the problem. The Mayor
suggested that the matter .be referred to the local Bell Canada office for '
further infomation. .
Following further discussion, it ~as moved by Alderman Dilts, seccraed by
Alderman Cha~nings, that the local Bell Canada office be contacted ~ requested
to provide further information. Carried Unanimously.
No. 243 - Mr. E. Broadbent, New Democratic Party - Be.' Quo~e on Japanese
Built Cars. The o~,.,u~ication suggests that the City establish an automobile
procurement policy that does not include in~orted cars and that the City pass a
resolution calling cn the Federal Gove~'ii,eat to impose restrictions (m ir~orted
aut.'-;~ilss tmtil such time as a suitable agreement is negotiated with the
aute~bile e~orters and the Canadian Gove~met u~erning the totter of J~b
guarantees. for Canadian auteeobile wrkers.
-7-
It Was moved by Alderman Cunmings, seconded by Alderman Merrett, that the
first reoa~'.~endation be adopted. The nution Was Defeated with the following
vote:
AYE: Aldermen Cu~n/ngs, Fera, Merrett end Kerrio.
NA~E: Aldermen Chee~an, Baker, Janvary, Puttick, Schisler and Sc~erville.
It Was reDved by Alderman C~,e,angs, seconded by Alderman Baker, that the
second recu,,,endation be adopted. The motion Carried with Aldermen Merrett and
Fera voting contrary, all others voting in favour.
Alderman Dilts refrained frcm voting cn a conflict of interest.
NO. 244 - City of Windsor - Re: Winter Control Subsidy. The ca~.l~nication
requests Council to support a resolution asking the Province to consider
amending its subsidy categories of maintenance and new construction by
adding a winter control category and to provide payment of subsidy for the
full eelPunt expended in one year by a nunicipality.
0RD~RED on the motion of Alderman Cheesman, seconded by Alderman Cun]nings,
that the resolution be endorsed. Carried Unanimously.
No. 245 - The Regional .... - Re: 1982 Unit Rate for
that the Regional Public Works end Utilities C~li,ittee has approved the
reccrmnendation that a unit rats of $0.135 per pound be established for 1982
sewage surcharge calculations for treating overstrength Wastevater as permitted
by Niagara's sewer use by-law 1570-1530-76.
ORDERED on the m~_ion of Alderman Cunmings, seconded by Alderman Merrett, that
the oa,.,.,nication be received and filed. Carried Unanimously.
No. 246 - The Regional Municipalit~ of Niagara - Re: Update to the Regional
Road system 1982-1983. The cu~.lunlcation advises of additions to the criteria
used in evaluating additions to the regional road system, end requests that the
City advise of any additions or deletions to the systen it feels would be
desirable.
ORDERED on the notion of Alderman Fera, seconded by Alderman Baker, that the
cQt.tunication be referred to staff and the Municipal Works C~f. aUtt,~t'~ for
consideration. Carried Unanimously.
No. 247 - Premier William G. D~vis - Re: Referend~n on Nuclear Diet.
The cu~.P,nication states that the question of whether a municipal election would
be declared null and void by a court if Council authorized to place a question
of nuclear disarmament on the nunicipal election ballot, was up to the Courts to
determine.
0RDERED On the motion of Alderman Cunmlings, seconded by Alderman Baker, that
the c~,~lunication be received and filed. Carried Unanimously.
No. 248 - Local 523, United Electrical, Radio and Machine Workers of America -
Re: Integration of Welfare and Family Benefits. The cca:.lunication expresses
cootern about the Niagara Region VOlunteering to become a test area for the
integratio~ of a portion of the responsibilities for recipients of the
Family Benefits Assistance Program.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the
comunication be referred to the Regional Social Services C~atttH ttes arK] the
Social Planning Council of Niagara Falls. Carried Unanimously.
No. 249 - Mayor Clifford Wri ht, City of Saskatcon - Re: One Day Fitness
Conpetition. The o~i~,unica~l~ requests that the citizens of the Niagara
Region take part in a one day fitness c~,~etition.
ORDERED on the motion of Alderman Cunmdngs, seconded by Alderman Baker, that
the suggesti~n be approved and that the Recreation C~.~utssion beccme involved
for this challenge. Carried Unanimously.
No. 250 - Saints Ladies SloPitch Team - Re.' Special Occasion Permit. The
cc~mm/nication requests permissic~ to have a beer concession in conjunction
with the Saints Ladies SloPitch tournament to be held on AUgust 21st, and
22nd, 1982.
Alderman Cummings expressed a concern of having a team free cutside
the City of Niagara Falls requesti~ permission for a special occasion permit.
ORDERED On the .~ion of Alderman Puttick, seconded by Alderman Sc~Brville,
that the request be approved subject to established policy. The motion Carried
with Aldermen C~mnings and Marrstt voting ~atrary, all others voting in
fav0ur.
See Resolution #71
8
No. 251 - Greater Niagara Baseball ASsociation - Re: Special Occasion Permit.
The cu~,~unication requests permission to have a special occasion [ermit on
August 27th, 28th end 29th, 1982.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that
the request be approved subject to established policy. Carried Unanimously.
See Resolution #72
No. 252 - The Lions Club of Stamford - Re: Special Occasion Permit.
The ea~,,unication requests permission to have a special occasion F_rmit c~
August 21st end 22nd, 1982.
ORDERED On the nx3tion of Alderman Merrett, seconded byAlderman Baker, that
the request beapprovedsubjecttoestablishedpelicy- Carried Unanimously.
See Resolution #73
No. 253 - Blue Falcons, NiaSara Falls Regency Division Slo-Pitch Team - Re: The
c~xunication requests permission to have a elDecial Occasion permit on
July 31st, August 1st end 2nd, 1982.
ORDERED On the motion Of Alderman Merrett, seconded by Alderman Baker, that
the requeset be approved subject to established policy. Carried Unanimously.
See Resolution #74
No. 254 - Molson's Brewery (Ontario) Limited - Re:' Molson ~HL SloPitch
Classic. The c~,~unication extends a thank-you to the City of Niagara Falls
for it's planning and organizing of the Molson b~L SloPitch Classic.
ORDERED on the motion Of Alderman Cunmings, seconded by Alderman Karrio, that
the c~,mLunication be received and filed. Carried Unanimously.
Report No. 451 - Recreation Oamassion - Re: Bleachers at Oakes Park -
Soccer/Track. The report states that the Recreation C~a.,dssion reea~,~e~ds
that the permanent bleachers at Oakes Park soccer/track be replaced with
portable bleachers and the existing changeroen area be renovated to increase the
number of ladies washrooms and changeroces. Further, that eny funds saved
by not replacing the permanent structure be used towards repairing the
deteriorating Oakes Park track surface.
ORDERED On the motion Of Alderman Cunmlings, seconded by Alderman Janvary, that
the existing bleachers be torn down and that staff prepare a report as to the
cost of portable bleachare. Carried Unanimously.
Report No. 452 - Recreation C~,~a ssion - Re.' Parks and Recreation Federation
of Ontario - New Planning ACt. The report r~ that Oouncil ~support the
resolution of the Parks and Recreatio~ Federation of Ontario re~ park land
conveyance re~,4rements under the New Planning ACt.
Alderman Janvary stated that she would like this matter referred to the
Chief Administrative Officer.
Alderman Baker stated that a report came to Council two weeks ago and
certain recuL,,endations of Bill 159 were adopted. He said the Federation
would like Council to accept 5% as a minimum.
The Senior Planner said the Planning & DeveloIment Ommittee emsidered
this item and had devoted a lot of time to the present Planning Act.
Follc~ing further discussion, it was moved by Alderman Cunmings, seconded
by AIdeman Puttick, tha{ Council support the resolution. Motion Carried with
the following vote:
AYE.. Aldermen Cheee~an, Cuntnings, Dilts, Merrett, Puttick, Schisler and
Kerrio.
NAYE.' Aldermen Baker, Fera, Janvary and Scmerville.
Report No. 453 - Chief Administrative Officer - Re.. Official Plan Amendment
No. 121 Proposed Modification. The report rexa~,~ends that the Ministry of
Municipal Affairs and Housing be advised that a modification to Official
Plan Amml~ment No. 121, deleting the ~)rds "or a limited range of uses" in the
0~BRED on the motion Alderman Cumuings, that'
the re~t be received and ado~ced. Carried Unanim3usly.
-9-
Report No. 454 - Chief Administrative Officer - Re: Request for Release,
Lot 24, Plen M-29, 7445 Willow Crescent. The report reccmmends passage of a
by-law to authorize a release of Lot 24, Plen M-29 frc~ the provisions of a
subdivision agreement between the City end Taro Properties Incorporated dated
the 20th day of Novenber, 1974 and registered the 30th day of April, 1975 as
Instrunent No. 232482, as amended by en agreenent dated the 29th day of August,
1975 and registered the 1st day of October, 1975 as Instrument No. LT-2013, for
Registered Plen M-29.
ORDERED on the motion of Alderman Merrett, seconded by Alderman ~gs, that
the report be received and adopted. Carried Unanimously.
Report No. 455 - Municipal Perking end Traffic Cor~nittee - Re: Parking Meter
Maximum Times - Victoria Avenue. The report reealuends that the Region be
requested to change the taximum parking period at the parking meters on Victoria
Avenue from Queen Street to Bridge Street, frc~ one-hour to two-hour.
ORDERED on the motion Of Alderman Merrett, seconded by Alderman Scmerville, that
the report be received and adopted. Carried Unanimously.
Report No. 456 - Chief Administrative Officer - Re.' Stop Signs at Intersections
with Dixon Street. The report reckmends preparation of a by-law to provide for
the erection of stop signs on the approaches of Edward Avenue, Incus Avenue,
Ralph Avenue, Level Avenue end Cleveland Avenue, with Dixon Street.
ORDERED On the nDtion of Alderman Cunmdngs, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
Report No. 457 - Chief Aaministrative Officer - Re.' Contract W.I. 17-82 -
Watermain Installations on Riall Street, Frcn Dorchester Road to St. Andrew
Avenue. The report rec~,,kends acceptance of the unit prices submitted by
Blairick Limited for the subject contract.
ORDERED On the nrfcion of Alderman Fera, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See Resolution #75
Report No. 458 - Chief Administrative Officer - Re: Proposed Morrison Street
Reconstruction frcm Victoria Avenue to Stanley Avenue. The report recc~mends
passage of a by-law authorizing the reconstruction of Morrison Street fr~n
Victoria Avenue to Stanley Avenue.
ORDERED On the r~3tion Of Alderman Currulings, seconded by Alderman Baker, that the
report be received and filed. Carried Unanin~usly.
Report No. 459 - Municipal Works Oa~,~attee - Re.. Policy on Installation of Rear
Yard Catchbasins on Private Property. The report rec~,,~ends that the present
policy on the installation of rear yard catchbasins on private property be
reaffirmed.
ORDERED On the nu~ion of Alderman Fera, seconded by Alderman Cheesman, that the
report be received and adopted. Carried Unanimously.
Report No. 460 - Chief Administrative Officer - Re.' Flood and Fill Regulations
in Niagara, Purpose, Implementatica and Effect. The report rends that City
Council reaffirm its support of the fill lines end regulations and that the
Region be encouraged to support the establishment of fill regulations in
· Niagara Falls.
0RDERED on the motion of Alderman ~gs, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
Report No. 461 - Municipal Works CAa~,,~ttee - Re.' PVC Watermain Material. The
report rec~l~K]s that the P~2 watermain alternative be endorsed for use in the
City of Niagara Falls and that the Niagara Falls Contractors Association be so
advised.
· 0RDERED On the h~ion of Alderman Dilts, seconded by Alderman Curehinge, that the
report be received and adopted. Carried Unenimously.
Report No. 462 - Municipal Works Oam~ttee -:Re.. 1982 Ditching Program. The
L
- 10 -
report reeaLi~k}nds: 1) that the 1982 Ditching Program be conducted in the same
general manner as in previous years; 2) that the fill taken frcm ditches,
located north of the Welland River, during the ditching operarice be disposed of
at the closest available site, rather than being hauled to the Sanitary Landfill
Site as is done at the present time; 3) that the working hours of one operator
and truck be changed frcm 8:00 a.m. - 4:00 p.m. to 7:30 a.m. - 3:30 p.m.; 4)
that the night man be '.instructed to ensure that all vehicles used in the
ditching operation be fueled during the evening; and 5 ) that the costs of this
program be monitored and be reported upon c~ ccmpletion of the 1982 Ditching
Program.
ORDERED on the ~Dtion of Alderman Dilts, seccmded by ALderman Kerrio, that the
report be received and adopted. Carried Unanimously.
Report No. 463 - Chief Administrative Officer - Re: Dorchester Village
Subdivision. The report reoa~lends that the City of Niagara Falls agree with
the Developer' s request to construct decorative brick yells c~ each side of
Carisa Court, o~ private proF_rty mid that the property owners be responsible
for maintaining the walls. Also that the decorative light standards be placed
on each side of the entrance to th~s subdivision as well as on the island within
the crescent on City property and that the installation of the lights meet
Niagara Falls Hydro and City sta~a~vds.
ORDERED On the motion of Alderman Dilts, secttided by Alderman Merrett, that the
report be received and adoEfced. Carried Unanimously.
Report No. 464 - Municipal Works Oat,~ttee - Re: Refuse Control - MOuntain
Road Landfill Site. The report reoa,T,~nds that the truck identificatic~ system
described in Schedule 'A' to the report of the Municipal Works C~L~,~ttee dated
June 1, 1982, be approved for use at the City's Sanitary Landfill Site cx~,~r
encing cn Se[tember 1, 1982, and furtherthat the sticker and identificatioa card
illustrated in Schedule I to this report he implemented.
ORDERED On the nDtion of Alderman Kerrio, seconded by Alderman Cunx~ings, that
the report be received and adopted. Carried Unanimously.
Report No. 465 - Mayor Wayne Thcmmc~ - Re: Overall City Debt Position. The
report rec~t.,ends that Council receive and review the information regarding the
City's debt position.
ORDEPaD On the mot/on Of Alderman Kerrio, seccmded by Alderman CunTnings, that
the report be received and filed. Carried Unanimously.
Report No. 466 - Finance C~,~dttee - Re: The report reoa~,~ends that Council:
1) Cancel the agreement betwee~ the City and National Utility Service (Canada)
Limited for a study of the City' s teleEhcae system; 2) Review, receive and file
for information the tax status report at June 30th, 1982; 3) Approve a $1,500
grant for the All Canada Junior Baseball Championship~ 4) Approve a grant of up
to $2,000 for the Peach Queen Festival; 5) Not approve the funding request of
[e St. John's Go-operative Nursery School; and 6) Not approve any financial
assistance for the transportatiel of childtin respecting project Discover run by
the Family & Childran's Services of the Niagara Region. Any advice or staff
assistances would be offered where required.
ORLeanS3 On the motiOn of Alderman CunTnings, seconded by Alderman Fera, that
the repot be received and adopted. Carried Unaniz~asly.
Report No. 467 - Chief/%~ministrative Officer - Re~ Municipal Accounts. The
report recu~,~e~ds payment of the nunicipal accounts.
Additional information was provided on Cheque #10751, #10754, #10768,
#10774, #10810, #10831, and #10878 in respc~se to questions raised by
Alderme~ Cu~gs, PUttick and Schislar.
Alderman Janvary advised that Cheque #10897 should be doleted fren the .
report. . ·
With respect to Cheque #10878 in the em~ant of $12,264.50 for cleaning and
painting of swimning ~ools, Mayor Thcaf~cm questioned why this work could not
have been performed by City forces. The Mayor felt ~he account should be held
peading receipt of further info~,ation.
It ~as moved by Alderman Chmm~ngs, sec~lded by AIdeman Kerrio, that a
report be prepared regarding Che%ue #10878. Carried Unanim~sly.
It ~s then moved by Alde~mn Chee~mn, seconded by Alderman Baker, that
the re~ort be received and adopted, deleting Cheque #10897 frcm the re~x=t.
T~e motiOn Carried with Aldernan c~,.,angs abstaining cm e uc~iflict of interest
o~ Chec]ue #~0772, and ell others votir~ in fayour.
- 11 -
RepOrt No. 468 - Chief Administrative Officer - Re: The Buildings and
Inspections Department Report for June 1982. The report provides current news
relative to permit statistics, develoE]nent proposals, and any other notewor~3~y
data that has emerged during the period covered by the report.
ORDERED on the motion of Alderman ~gs, seconded by Alderman Baker, that the
re[ort he received and filed. Carried Unanimously.
Report No. 469 - Chief Administrative Officer - Re: Site Plan Approval,
Proposed A & P Food Store McLecd Road (south side east of Dorchester Road and
adjacent to the Canadian Tire Building). The report reds that Council
approve the site plan On display, being a proposed A & P Food Store ar~ the site
plan being drawing number 8203/1 and filed with the Buildings & Inspections
Department of the City of Niagara Falls on July 15, 1982, and that such aUproval
be subject to certain conditions.
0RDERED on the motion of Alderman Fera, seconded by Alderman Cunmnings, that the
report be received and adopted. Carried Unani~Dusly.
Report NO. 470 - Chief Administrative Officer - Re: Naming of New Roadway -
McLeod Paad& Stanley Avenue Grade Separation Project. The report recc~meeds
that the City recu,,tend to the Regional Municipality of Niagara that the new
section of the roadway running from McLeod Road he named Corfield Drive.
0RDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, that
the report he received and adopted. Carried Unanimously.
Report No. 471 - Chief Administrative Officer - Re: Proposed Video Arcade -
Thorold Stone Mall. The report advises that an application has been received
frcm Centennial Video Tech Co. Ltd. of Thornhill requesting an amendment to the
Zoning By-law which would permit an amusement centre with electronic games in
the Thorold Stone Mall, and will be processed through the Planning end
DeveloEm~nt Cu~.,~ttee in the normal manner.
0DERED on the motion Of Alderman Merrett, seconded by Alderman Fera, that the
report be received and filed. Carried Unanimously.
Report No. 472 - Chief Administrative Officer - Re: Thorold Townline Road
Closing. The report reea~m~ends passage of a by-law to authorize the closing of
part of Thorold Townline Road and the sale thereof to Walker Brothers Quarries
Limited.
ORDERED on the motion Of Alderman CunTnings, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
~No. 71 - PUTPICK - SCMERVIIL~. - RESOLVED that the Saints Ladies SloPitch Team
be granted parmission to conduct a beer concessical in conjunction with their
slopitch tournament On August 20th, 21st and 22nd, 1982 at the Niagara Sports
Centre subject to the approval of the Niagara Regional Police, the Niagara Falls
Fire Department, the Niagara District Heslth Unit and the Liquor Licensing Board
/0f Ontario; AND the Seal of the Corporation be hereto affixed.
Carried with Alderman
~ Cunmlings VOting con-
~ trary, and all others
voting in fayOur.
N0. 72 - MERREiT - BAKER - RESOLVED that the Greater Niagara Baseball
!AssociatiOn he granted permission to conduct a beer concession in conjunction
~with their All Canada Junior Baseball TOurnament on August 27th, 28th and 29th,
~ 1982 at Oakes Park subject to the approval of the Niagara Regional Police, the
Ni
~ agara Falls Fire Depar~ee~t, the Niagara District Health Unit and the Liquor
tLicensing Board- of Ontario; AND the Seal of ~ Cor[oratiOn be hereto affixed.
No. 7 ..... BAKER - RESOLVED that the Lic~s Club of Stamford be granted
~ Permissio~ to conduct a ~eer c~ncession in ~aJ~aF~ction with the City of Niagara
Falls Peach Festival On August 21st and 22nd, 1982 at the south end of Market
Square subject to the approval of the Niagara Pegionsl Police, the Niagara Falls
Fire Department, the Niagara District Health Unit ar~ the Liquor Licensing Board
of Ontario; A~) the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 74 - MERRETT - BA~R - RESOLVED that the Blue Falc(ms be granted permission
! to conduct a beer cc~cession in conjunction with their slopitch ~xxm~e~t
,{
on July 31st, August 1st and 2nd, 1982 at Palmer Park subject to the approval of
the Niagara Regional Police, the Niagara Falls Fire Depart/nent, the Niagara
District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously.
No. 75 - FERA - BAKER - RESOLVED that the unit prices sutnitted by Blairick
Limited for the ~aten~in installations on Riall Street frc~ Dorchester Road to
St. Andrew Avenue, be accepted at the tendered price of $90,524.85; AND
the Seal of the CorForation be hereto affixed.
Carried Unanimously.
No. 76 -SEE P~33E 14
ORDERED On the nlYcion of Alderman Chee~nan, seconded by Alderman Merrett, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
NO. 82-160 - 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.
No. 82-161
No. 82-162
- A By-law to authorize a release.
- A By-law to authorize the reconstruction of Morrison Street frcml
Victoria Avenue to Stanley Avenue.
No. 82-163
- A By-law to authorize the execution of an agreenent with Blairick
Limited for the installation of a watermain on Riall Street
Dorchester Road to St. Andrew Avenue.
No. 82-164
No. 82-165
- A By-law to close portions of Queen Street to vehicular traffic on
a te~0orary basis.
- A By-law to authorize the closing of part of Thorold Townline Road
and the sale thereof to Walker Brothers O~arries Limited.
No. 82-166 - A By-law to amend By-law 3790, being a by-law for the regulation
of traffic.
No. 82-167 - A By-law to
provide nmies for general purpose.
Carried with Alderman
ommings abs tnin on
By-law 82-167, and all
others votin9 in
favour.
ORDERED on the motion of Alderram% Merrett, seconded by Alderman Fera, that
the following by-laws be now read a second and third time:
No. 82-160 - A By-law to areend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended.
No. 82-161
No. 82-162
A By-law to authorize a release.
A By-law to authorize the rec~lstruction of Morrison Street fren
Victoria Avenue to Stanley Avenue.
No. 82-163
- A By-law to authorize the execution of an agreement with Blairick
Limited for the installation of a watermain on Riall Street f~
Doruhester Ro~d to St. ~ndraw Avenue.
No. 82-164
No. 82-165
No. 82466
- A By-law to eloze porti(ms. of Queen Street to vehiculer traffic on
a temporary basis.
- A By-law to authorize the closing of ~ of Thorold Townline
and the sale thereof to Walker ~-o~hers (~m~ies Limited.
- A By-law to s md By-law 3790, being a t -,law for the regulation
of traffic ·
No. 82-167 - A By-law to provide monies for general purposes.
Carried with Alderman
Cumings abstaining on
By-law 82-167, and all
others voting in
favour.
NE~ BUSIES
SPECIAL OCCASION PERMITS
Alderman Cunmdngs stated that he feels the question of organizations
frcm out of town, requesting special occasion permits, should be referred to
the Recreation Cxa~.,i ssion for a report.
: 0RDEPaD on the motion of Alderman Ckmlnings, seccnded by Alderman Fera, that the
' Recreation Cu~.~.I ssion report back to Council regarding this matter.
Carried Unanimously_L
pRORr.FM OF NUCLFAR WRSTE SHIPMENT IN KINGSTON
Alderman Ctmraings said that the residents in Kingston are concerned of a
problem about the proposed shipment of nuclear ~aste. The Alderman was
; concerned that perhaps if Kingstcn does not allow the shillcant that they will
~ try to cross one of the bridges in Niagara Falls.
Alderman Puttick stated that there was a report to Council on this
matter approximately five years ago.
ORDERED On the motion Of Alderman Cunmtings, seconded by Alderman Kerrio, that
a report be prepared by Staff. Carried Unanimously.
]4727 RYERSON CRESCENT
Alderman Chessman stated that at a recent meeting, the owners of 4727
Ryerson Crescent, wished to change from a single dwelling to a
, two family dwelling. Alderman Chessman felt that Council must state how they
l feel towards the matter totLight at this meeting.
FolloNing further oa~.~ents, it was moved by Alderman Cheesman, seconded by
Alderman Cu~nings, that an appeal be filed subject to a full report cceing
back to Council. Carried Unanimously.
~ HIMANE SOCIETY SHELTER
Alderman Baker stated that he had been talking to the Traffic and
Construction [hgineer and he indicated that the Region would consider erecting
a sign, at their expense.
ORDERED On the motioa Of Alderman Baker, seconded by Alderman Janvary, that
the Region be requested to erect a sign, indicating where the new H~nane
Society ~nelter is located. Carried Unanimously.
0AN~3OD AUTO BODY
Alderman Bakel- stated that it has been four or six weeks now since
i C0uncil has heard anything regard/rig Oakwood Auto Body.
Mayor Thcmson informed the Alderman that he had a meeting with the
owner of the premises on Friday July 23rd, 1982.
0.N.I.p. PP/iMIT
Fayor Thcmson stated that the City had applied for O.N.I.P. permit and that
the application was turned dcsm. The City than re-applied and the application
was approve] for the amount of $250,000.00. The Fayor informed Council that
~.a relx)rt will be prepared regarding which priorities council desires.
Aldermn Dilta stated that he ~Duld llke the priorities included in the
report for the next Council meeting.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the
(~/resolution for 9250,000.00 be received and adopted. Carried Unanimously.
- 14 -
RESOLUTION - BINGO OPERATIONS
No. 76 - MERR~IT - BAKER - RESOLVED that The Council of the City of Niagara
Falls, Ontario requests the special gaming c~,~v~ttee of the Social Planning
Council ~o prepare a Study for Council, as soon as possible, on:
a)
whether by objective standards the holding of bingee in privately-owned
bingo halls is less in the interests of the nunicipality than holding
hinges in Church halls, fraternal organizational halls or public
buildings; and
b)
what, if any, conditions ought to be imposed upon the issuance of bingo
licences, either in additic~ to, or as an alternative for a policy to
restrict the issuance of licences to Church halls, fraternal organizational
halls, or public buildings.
AND FURTHER THAT The Council directs the City Clerk to notify any person
who applies for a public licence, of this resolution; AND the Seal of the
Cor~oratio~ be hereto affixed.
Carried with Alderman
Cummings abstaining on
a c~nflict of interest
and all others voting
T~N~fY-FOURTH MEETING
CONMITFEE OF THE WHOLE
Committee Rocm#1
August 3, 1982
Council met on Tuesday, August 3, 1982, at 6:30 p.m. in Coon~nittee of the
Whole. All members of Council were present with the exception of Aldermen
MerrettandScmerville. Alderman Ch/mdngs presidedas Chairman.
Follcwing consideration Of the itens presented, the Committee of the Whole
arosewithout reporting. . ~aaaa
MAYOR W~YNE THOMSON
Council Chambers
August 3, 1982
Council met on Tuesday, August 3, 1982 at 7:30 p.m. for the purpose of
considering general business. All members ofCouncil were present with the
exception of Aldermen MerrettandScmerville. His Worship, Mayor Thomson
presided as Chairman. AldermanCummings offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the mtic~ of Alderman Orr, seconded by Alderman Baker, that the
mutes of the meeting held on July 19, 1982, be adopted as printed. Carried
Unanimously.
DEPUTATIONS
DR. F. C(K - NIAGAPA WOM~q IN CRISIS TRANSITION HOUSE
Dr. F. Cox of Niagara Women in Crisis, was granted permission to address
Council on the motion of Alderman Cheesman, seconded by Alderman err. Dr. Cox
stated that the Niagara Wcme~ in Crisis organizatic~ was working hard in order
to have the transition house open by the e~d of 1982. $25,000 has been raised
to this point towards establishment of the shelter. Dr. Cox explained the
"Bricks are Building cur Shelter" campaign, and provided information on the work
dc~e to data to prepare for the shelter. Following her ckal.~ents, Dr. Cox
gave each member of Council a "brick" and preerfcic~al button, and presented
Mayor Themson with a .T-Shirt displaying the organization's campaign motto "You
Can't Beat a Wcean".
M. F. WOOD - PUBLIC HEALTH NURSES
Mayor Themson declared a conflict of interest, and requested Alderman
Chees~en to assume chairmanship of the meeting during consideratic~ of this
Fatter.
Mrs. F. Wood was granted permissio~ to address Council on the motion of
Aldermen err, seconded by Alderman Janvary. Mrs. Weed indicated that she was
speaking c~ behalf of the etriking public health nurses of the Niagara Regional
Health Unit. Mrs. Weed advised that the public health nurses, who have been on
strike since May 3, 1982, are the lowest paid nurses in the Province of Ontario.
Mmn bargaining had broke~ down, the nurses applied for conciliation, which
subsequently failed to bring about an agreement. The nurees then applied for
mediation which also failed after t~D att~,~ts, Mrs. Wood stated that the only
solution new to the disputa was arbitration. On June 7, 1982, the nurses
aPproached Regional Council askir~ for support of the arbitration procedure. A
resolution was ~eesed at ~hat time recc~mending approval of arbitration, however
the arbitrati(al procedure did not take place. A lettar was received fr~n the
2
Regiooal Chairman indicating that the Region could be of no further assistance.
Mrs. Wood pointed oct that the Health Unit is funded 75% by the Province and 25%
by the Region, and of the tea menbers on the Board of Health, sevea are members
of Regional Council. As elected represeatatives, Mrs. Wood asked that Council
assist the nurses in resolving the dispute. Information was provided an the
matters still at issue between the nurses and the Health Unit. Mrs. Wood also
advised that at an exploratory meeting with the chief mediation officer, the
nurses wore informed there ~Duld be no further n~iation meetings, and that the
Board of Health had refused voluntary arbitration.
Additional information ~as provided in response to questions raised by
n~mbers of Council.
Following further eminent, it was moved by Alderman Puttick, seconded by
Alderman CuEgs, that the City ask the Regional Chairman to use his office to
try and bring the parties together for the purpose of continuing negotiations.
The motion Carried with Alderman Schisler voting contrary, and all others voting
in favour.
Regional Councillor Sherar provided additioDal information co the issue
of salary increases for the public health nurses.
Mayor Thcmson resumed chairmanship of the ~eeting.
MCr.FOD ROAD UNDERPASS - BUSINESSES IN MCLEOD ~DAD/STANLEY AV[IqUE AREA
Oa~,~unication No. 255 - Staright Motel/Kozy Korner Restaurant - Re: New McLeod
Road Underpass. The ea~,~umicatifm e~presses concern over the effect of the new
McLeod Road re-alignment and underpass o~ businesses in the McLeod Road/Stanley
Avenue area, and requests the erection of appropriate signing to alvect traffic
to the tourist facilities in that area.
Mayor Th(mson indicated that the businesses in the ares are requesting
improved signing to indicate there are dining and acc<~,,,rdatian facilities in
the area, and in addition that McLeod Road as it joins to Portage Road, remain
open at least for the balance of the tourist season.
It was moved by Alderman Cheesman, seconded by Alderman Cunmdngs, that the
matter be referred to staff to contact the Regional Municipality of Niagara as
soon as possible in order to obtain improved signing and access to the area.
Carried Unanimously.
A n~ of items were brought forward for coasideratiea at this time.
Oal,,unieation No. 256 - Downtown Board of Management - Re.. Sunday-and Holiday
Openings. The meation requests permission for businesses on Queen Street
to rem{n open on Sundays and holidays, and further that the large directional
sign to Downtown Niagara Fells be replaced at the traffic island at Palmer
Aveaue and Victoria Aveaue.
Mayor Thcmson advised that staff would be contacting the Region regarding
replacerent of the sign at Palmet and Victoria, which was rem,3ved prior to the
c~l..encement of construction in September of 1981.
ORDERED on the motion of Alderm~n Dilts, seconded by Alderman Orr, that the ·
c<~l,~unieation be referred to staff for the preparation of a report. Carried
Unanimously.
Report No. 473 - Finance C~,,,~ttee - Re.. ~e-Assessment Of Queen Street
Properties Sectio~ 63 of the Assessment Act. The report re~a,e~ends that City
Council (a) review the information contained in the report, in p~icular the
inability of the MiniStry of Revenue to allew the re-assessment of c~e specific
category of assesm~ent, namely c<a~.,ercial assessment; (b) decide if the City
should request the Ministry of ~eveaue to carry Out an ir~3act study to determine
the effect of a o~c~lete re-assassment; and (c) request the Ministry, if an
affirmative decision is trade, to proceed with an impact study to be ea~lsted
1983 in order that a deeisRm can ke made regarding ~ossible implementation in
the 1984 taxatic~ year.
-3-
ORDERED on the netion of Alderman Orr, seconded by Alderman Cheesman, that the
City request the Ministry of Revenue to proceed with an impact study to
determine the effect of a complete re-assessment. Carried Unanimously.
NOTE: Alderman Fera entered the meeting.
UNFINISHED BUSINESS
Report No. 474 - Chief Administrative Officer - Re: Con~ttee of Adjustment
Application A-31/82 - Mary Visca, 4727 Ryerson Crescent. The report reds
that Council indicate whether in its opinion the provisions presently contained
in the Oa,e~ittas of Adjustment decision and the suggested agreement with the
owners provide satisfactory assurance that the premises known as 4727 Ryerson
Crescent will not be used for three family purposes.
Mr. R. Webb of 4707 Ryersen Crescent, w~s granted [ermission to address
Council on the motion of Alderhen Puttick, seconded by Alderman Baker. Mr. Webb
a resideat in the area, requested that the application be denied, citing the
following reasons: 1) The frontage of the lot ~xDuld be insufficient; 2) Work
!Was cu,etenced prior to obtaining the proper work; 3) the cwner does not park in
the driveway causing problems with street maintenance; 4) Properties would be
2reduced in resale value; 5) No guarantee there would not be more than two
, families permitted and that an atte~ would not be made at a later date to
j expand the building to provide for additional residences.
During discussion ea this matter, several menbers of Council conx.ented on
the fact that the applicant had proceeded without a building permit or the
= necessary approvals from the Ca~,~attes of Adjustment. Concern was also
= e~pressed over whether the building would cc~ply with Building Cede provisions,
since construction had beea started without a permit. In response to these
~ comments, the Chief Administrative Officer indicated that the Committee of
~Adjustment application, and the questiea of the applicant proceeding without a
] building permit wore two separate issues. The application would have to be
~considared on its merits as a planning matter. It was further indicated that a
~charge could be laid if Council so desired. With respect to construction that
!had already takea place, the Chief Administrative Officer stated that the plans
submitted did not show the structure built by the applicant leading to the
! basement area.
Mr. P. Lococo, solicitor for the applicant, provided additional information
in response to questions raised.
FOllowing further discussion, it was moved by Alderman Puttick, seconded by
i Alderman Fera, that the report be received and filed, and that the decision of
the C~ttee of Adjustment on A~plieation A-31/82, not be appealed. The motion
Carried with the following vote..
A~."'~Aldermen Chee~, C~gs, Fera,, Puttick, Karrio and Mayor Thc~son.
i~.. Alden Dilts, Baker, Janvary, Orr, and Schislar.
MINISHED BUSINESS
Report No. 475 - Chief Administrative Officer - The report recommends: 1) That
Walkway #72(4) frcm Armstrong Drive easterly to Montrose Road be left open;
2) That Walkway #72(1) frcrn Tad Street southerly to Westwood Street and Walkway
#72(2) fr(~n Tad Street northerly to Blocks B and C remain open; 3) That Walkway
#72(3) from Weyburn Circle easterly to a parkette on Armstrong Drive be closed;
4) That Walkway #73(1) frc~(~ Kuhn Crescent easterly to a proposed subdivision
retain open; and 4) That Walkway #73(1) from Kuhn Crescent easterly to a
proposed subdivision retain open; and that Walkway #73(2) frcm Kuhn Crescent
westerly to Mo~trose Road through Jones Street remain open.
Mr. J. Fielding of 7935 Westwood Street, requested that Walkway #72(1)
ketween Wastwood Street and Tad Street, be closed. Mr. Fielding indicated that
the walkway was a coastant source of aggravation to residents in the area,
fciting as exan~01es - loitering of teenagers, vandaiisn~ excessive noise after
lh00 p.m., etc.
With respect to Walkways #72(1} and #73(2), the Director of Municipal Works
indicated that these walkways should be eliminated, since there were no funds in
the subdivision account for their ~truction. Additieml information was
7ed by the Director of Municipal. Works .in this regard.,
-4-
Following further discussion, it was moved by Alderman Fera, seconded by
Alderman Orr, that Walkway #72(4) from Ar~Btrong Drive easterly to Montrose Road
remain open. The motion Carried with Aldermen Cheesman and Cunmings voting
contrary, and all others voting in favour.
It was than moved by Alderman Puttick, seconded by Alderman Orr, that
Walkway #72(1) frcm Tad Street southerly to Wastwood Street and Walkway #72(2)
from Tad Street northerly to Blocks B and C, be tabled for further information.
Carried Unanimously.
It was than moved by Alderman Cunm~ings, seconded by Alderman Kerrio, that
Walkway #72(3) from Waybum Circle easterly to a parkette on Armstroag Drive be
closed. Carried Unanimously.
It was then moved by Alderman Cummings, seconded by Alderman Cheesman, that
Walkway #73(1) from Kuhn Crescant easterly to a proposed subdivision and Walkway
#73(2) from Kuhn Crescent westerly to Montrose Road through Jones Street, be
removed. The motion Carried with Aldermen Janvary and Orr voting contrary, and
all others voting in favour.
Cu~,~unication No. 257 - Hounsl~ Productions Limited - Re: MOtorcycle and
Tracks. The c~&.~unicatioa advises that the BMX tracks will be oca~pleted and in
operation by the and of July 1982, as will junior racing on the mDtorcycle track
once parking facilities have been cc~pleted.
Alderman Puttick referred to the fact that the Niagara Falls B.I.G. A~ency
had assisted the developer of the track facility in finding a suitable location,
and suggested that the Industrial Ce~,,~ssioner be advised that the City had
passed a by-law which would not permit that use in Willoughby in the future.
ORDERED on the motion of Alderman ~gs, Seconded by Alderman Cheesman, that
the c~munication be received and filed, and that the Industrial C(mmissioner be
advised of the passage of By-law 82-160. Carried Unanimously.
Oa,,L-~nication No. 258 - Mrs. D. Becevel and Others - Re: Moslem Church an
Stanton Avenue. The oa~,,unication outlines various oa~plaints arising from the
new MOslem Church on Stanton Avenue.
Mrs. Becevel Outlined the problems area residants were experiancing - noise
during church services held late in the evening, parking problems, childran of
the church members being allowed out antil midnight, etc. Mrs. L. Handrahan
requested that the police be asked to patrol the area more regularly, since cars
are speeding up and down Startton Avenue, which is a dead end street.
In response to a number of questioDa raised, Mayor Thc~san advised that the
zoning on the property ~ermitted a place of worship. It w~s therefore not
required that area property owners be notified of the sale when the intended use
would be a continuation of the previous use - a place of worship. The Mayor
indicated that the noise complaints could be handled under the City's noise
by-law, and that the parking problems could be dealt with through the use of
parking restrictions if the residante so requested. Mayor Thomson indicated
that the City ~ould meet with represeatativea of the Moslem Church regarding the
noise problems, and suggested that the residents provide the City with any
s~ecific rec~L,~endations they may have regarding parking restrictions.
Following further oa,,,ent, it was moved by Alderman Janvary, seconded by
Alderman Orr, that Mayor Th~an and the Chief Administrative Officer meet with
representatives of the Moslem C~urch on Startton Avenue c~ this matter. Carried
Unanimously.
Report No. 476 - Chief Administrative officer - Re, Wa~er ACcount, Harvey Doxey,
7778 Thomas Street. Tba report provides information el the ccmplainte made by
Mr. Harvey Doxey concerning the Vater service at 7778 Thomas Street.
AIdeman Janvary suggested that there had been a breakdown in
oa,,,~ultcation, since,Mr. Doxey ~as never advised that his vater Service at the
Themas Street address was shut off. For this reason, the Alderman ~elt that the
City should refund the $20.00 service charge that was applied to Mr. Doxey's
account.
It ~ae suggested by several other .~,a3ers of Council that both the service
charge and the $20.00 w~ter rate 'subeec/uently charged to the account, be
ref%mded because of the inconvenience ~he City had caused Mr. Doxey by not
~otifying him that the service had bern shut off.
-5-
Following further ~t, it was moved by Alderman Janvary, seconded by
Alderman Orr, that the report be received and filed, and that the $20.00 service
charge be refunded to Mr. Doxey. The motioa Carried with Aldermen Cheesman and
Schisler voting contrary, and all others votih~ in favour.
Report No. 477 - Recreation Commission - Re: Ice Scheduling at Municipal Arenas.
The report recu,i,ends that the schedule for 1982-83 winter use of nunicipal
arenas be approved.
Mr. W. Rookley, Chairman of the Commission, advised that the Commission
would be contacting Mr. B. Vantfcort and asking that he consider changing his
time to Sundays so that Minor Hockey ~Duld be able to play straight through on
Saturdays.
Alderman Cummings referred to the City' s efforts to have a Junior "A"
hockey franchise locate in Niagara Falls, and expressed concern that no
provision had been made in the schedule for the traditional Friday night Junior
"A" hockey at the Niagara Falls Memorial Arana. The Alderman suggested that
~noever takes over the Friday evaning time slot at the Arena, should be made
aware in advance that if the City is successful in obtaining a Junior "A" team,
there ~Duld have to be some changes in the schedule. The suggestions were made
that the schedule be approved on a tentative hasis, or with the exception of
Friday evenings.
The Director of Recreation advised that it will be necessary for the City
to enter into an agreenent with the local Junior "B" hockey team for uSe of the
Are before there would be any indication of whether there will be a Junior "A"
team this year. If the City were successful in Obtaining a Junior "A" team that
would be using the Arena on Friday evenings, it would be necessary to break the
agreement afterward. It was also pointed out that many of the organizations
using the arena are trying to get their registration oc~pleted and finalize
schedules for the antire seeson. For these reasons, it was felt that a delay in
the adoption of the schedule would result in inconvaniance to many individuals.
Following further cu,,:ent, it was-moved by Alderman Cur~nings, seconded by
Alderman Dilts, that the report be received and adopted subject to further
discussions regarding use of arenas on Friday evenings. Carried UnanimDuslx.
EATION
MR. L. SHANTZ - APPLICATION FOR HAWKER & PEDLAR LICENCE
The City Clerk advised that he had received a call concerning an individual
selling meat from a freezer ccet at the hack of his truck on various City
streets. The individual was ocntaoted and told in order to sell in the City, he
would be required to obtain a hawker and pedlar licence from the City. In view
of the City's long-standing position regarding such licances, the City Clerk
rec(mmmnded denial of the application.
Mr. L. ~lantz, the applicant, provided information an the type of business
he would be operating in the City, selling products fr~ an out of town firm
with offices located in Waterloo and Toronto. Mr. Shantz indicated that there
are approximately 40 salesmen covering various areas.
It was ~ointed cut by Alderman Cummings, that City must protect the local
businesses paying business and property taxes, and the Alderman suggested that
if Mr. S~ante wanted to open a store locally, the City would be more than happy
to assist him.
Following further c~m~_nt, it was moved by Alderman Puttick, Seconded by
Alderman Oannings, that the application be denied. Carried Unanimously.
Council resumed dealing with the agenda in its original order.
ODMM~ICATIONS
259 - Regional Municipality of Niagara - Re: Interprotation of Policy 6.A. 15
in the Regional Niagara Policy Plan Livestock Operations. The c~,~,unication
e~s several aspects of the Region s livestock policy with particular
-6-
reference to the Minitrain Distance Separation Formula and includes a definition
of a "new dwelling", the impact on existing lots, the effect on adjacent
livestock operations and the rights of legal non-confirming uses.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Baker, that the
cu,,Lunication be received and filed. Carried Unaninously.
No. 260 - City of St. Catharines - Re: Handicapped Parking. The c~,e~unication
advises that handicapped parking permits issued by other nunicipalities will be
recognized in the City of St. Catharines, end requests that Niagara Falls
recognize the permits issued by St. Catharines.
ORDERED on the motion of Alderman ~gs, seconded by Alderman Kerrio, that
the c~LmL~nication be referred to staff to ~Drk Out the details, and further that
a copy of the ccala,unication be sent to the Social Planning Council. Carried
Unanimously.
No. 261 - Mr. & Mrs. R. ~bnteith - Re: AM-9/82, Niagara Falls Hydro Proposed
Service Centre. The cu,,~unication outlines certain conditions that would
resolve the concerns of the writers concerning the subject resoning.
ORDERED cn the motion of Alderman Jenvary, seconded by Alderman Orr, that the
conditions be approved end included in the zoning ~m~andment for this
application. Carried Urely.
NO- 262 - City of Port Colborne - Re: Sell Canada Rate Increase. The
cu,,,unication requests support of a resolution passed in Opposition to the
recent rate increase requested by Bell Canada.
ORDERED on the motion of Alderman Cunrdnge, seconded by ~Alderman Kerrio, that
the resolution be endorsed. Carried Unan]mxx~ly.
· - ..... - Re: First Quarter 1982 Building
1982 building pel~t activity for the Niagara Region.
ORD~.~ED on the motion of Alderman CuEgs, seconded by Alderman Orr, that the
cc~,~,unication be received and filed, and that a copy be sent to the Chamber of
CuL.~erce Cca,,~&ttee on Regional Goverxment. Carried Unanimously.
No. 264 - Residents of Ta~0a Court - Be.. Walkways. The c(~,eunicatim requests
the closing of the ~alkways between Tan~a Court and Panam~ Court, and between
Tampa Court and Sinnicks Street.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cunm~ngs, that the
c~a,.,unication be referred to the Planning & Develolm~_nt Cc~mittee. Carried
Unanimously.
si c City in having the benches in various locations throughout the
City brought ~p to a suitable condition.
ORDB~ED on the motion of Alderman Cheesman, seconded by Alderman Cun, nings, that
the Chief Administrative Officer meet with the group responsible for the benches
regarding i~provements. Carried Unanimously.
No. 266 - Mr. M. Breauch, ~P, Oshawa - Re.. Retail Sales Tax Act. The -
c<a~.,unication requests the City's views on Bill 115, ~nich provides for ""
amendments to the Retail Sales Tax Act.
ORDERED on the nDtion Of Alderman Kerrio, seconded by Alderman Cunmings, that
the writer be advised of the resolution passsad by City Council expressing
concern OVer changes in sales tax imposed under the recent Provincial Budget.
Carried Unan~ly. .
No. 267 - Canadian Fur Shop of Seitoh - Re.. Side~ralk Sale. The o/~l,uunicati~n
requests permission to c~erate a sidewalk sale at the Falls Avenue locatiOn
directly beside .Maple Leaf Village, acroes .'.~L the entrance to ~ Gardens.
During consideration of this matter, sce confusion arose as to tba exact
location of the proposed sidewalk sale, and Whether or not the sale %~uld be
taking place on City property. Because of the heavy voltroB of pedestrian
traffic in the erea, the Chief Administrative Officer expressed concern that the
sidewalk nale could cause congestion on Falls Avenue. Representatives of
questions raised.
7
'No. 268 - Ontario Federation of Agriculture - Re: Drainage Problem, McKenney
Road North end Young Road. The ccnrunication requests the assistance of the
City in resolving a drainage problem on McKeeney Road north of Young Road.
ORDERED on the mDtion of Alderman Orr, seconded by Alderman Ck~m~ings, that the
cc~runication be referred to the Municipal Works Committee for consideration.
Carried Unanimously.
~No. 478 - Planning & Develol~nent Conrnittee - Re: Planning Department Annual
= Report 1981. The report provides information on the activities of the Planning
and Develo[ment Cca~,~a ttee and Department for the year 1981 and on studies
ongoing or inteDaed to be initiated within the next year or so.
ORDERED on the motion Of Alderman Cummings, seconded by Alderman Orr, that the
I report be received and filed. Carried Unenimously.
i No. 479 - Chief Administrative Officer - Re: Government of Ontario Employment
=1 Incentive Program 1982 Queen Street/River Road Entrance Landscaping and
~ Improvements. The report rec~,,ends 1) That staff be authorized to proceed in
!preparing an overall plen for the in~rovement and landscaping of the Queen
] Street/River Road Entrance in oonjunction with oonsulting assistance to be
i obtained frcm D.C. Chalm~n & Associates in accordence with Council' s previous
i resolution; 2) That prior to the consulting work being authorized, that en
~ estimate of the upset figure for consulting fees be obtained fr~n the consultant
for Council' s consideration and approval; 3) That consulting costs be paid from
mnies already allocated in the 1982 budget for this purl~as under the
emmercial Develof~Lent Account; and 4) That the grant of $4500 given to the City
under the Employment Incentive Program be used for labour costs for street and
sidewalk changes or improveraents or preliminary landscaping involved in
! implementation of the first phase of the overall plan.
The Chief Administrative Officer provided additional information in
response to questions raised by Alderman Janvary concerning the intent of the
Province in providing the En~loyment Incentive Program, end the type of
employment to ha provided under the program.
ORDERED On the motion of Alderman Orr, seconded by Alderman Cun[eings, that the
report be received and adopted.. Carried Unanimously.
No. 480 - Chief Administrative Officer - Re.. Ministry of Municipal Affairs end
Housing Employment Incentive Grant Programe. The report rec(mmends that
Council endorse an Official Plan review study for the Willoughby, Crowland and
Hunberstone areas through funds allocated under the Ministry's Employment
Incentive Grant Progranme.
ORDERED On the motion Of Alderman Cunmdngs, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 481 - Chief Administrative Officer - Re.. Objection to Zoning Amendment
By-law 82-115, (kM-7/82), Proposed MontmBnt, St. John Of Rila Bulgarian Eastern
Orthodox Church. The report recc~Bnds t~mt the objection be received from
Albert Cartier object.ing to By-law 82-115, and forwarded to the Ontario
Municipal Board with a request for a hearing.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cunm~ings, that the
report be received and adopted. Carried Unan~ly.
No. 482 - Chief Administrative Officer - Re.. Rick Redekop Ltd., Consent
Application B-108/82 and Proposed Mount Forest II Subdivision. The report
recc~mmnds passage of a by-law to authorize an agreement with Rick Redekop Ltd.
and the Bank of Montreal with respect to the subject Land Division Comnittee
application.
ORDERED on the ~otion of Alderman Baker, seconded by Alderman Orr, that the
report be received'and adopted. Carried Unanimously.
costs involved in the subject [~oJect.
No. 483 - Chief Administrative Officer - Re~ Lfcence Agreement - Parts of Lots
135 and 138, Former Township of Stamford. The report reoca~(ends that a licence
agreement be granted to Mr. john Miller for the use of al~proximately 80 acres
Presently owned by the Municipality cn the west side of Garner Road for an
of $800 per year.
~ 0RDERED on the motio~ Of Alderman Chsesman, seconded by Alderman Cur~gs, that
~ the report be received and adopted. Carried Unanimously.
Following further cu~.,~t, it ~as nx~ved by Alderman Puttick, seconded by " ~ No, 484 - Chief Administrative Officer - Re~ Intersection Improverents at
Alderman Ctmmings, that staff check the proposed locatim of the sidewalk sale, Stanley Avenue and Valley Way. The report provides information on the project
and that the reguest be a~roved subject to the sale ~ot be ,ing held on City
prop ty. cartlad u ly. "' ' ' '
-8-
No. 485 - Chief Administrative Officer - Re: Contract S.S. 16-82, Sanitary Sewer
Construct/on on Caledonia Street and Dorchester ROad. The report reeamends
acceptance of the low tender suhnitted by M.J. Storm Limited for the subject
contract.
Alderman Cummings felt that the contract should be aw-drded to the second
low tenderer, since there was only a difference of approximately $400 between
the bids, and the second 1(~ tenderer ~as a local contractor.
Alderman Dilts pointed out that while he liked to support local business,
if the City did ~ot accept the low tender on a contract or c~ly tenders
suhRitted by local contractors, and if other n~mlicipalities were to adopt
similar policies, than these contractors could e~counter problems in attenl3ting
to tender on onntracte in other nunicipalities. The Alderman suggested that
before any policy change ~as considered, the matter should be discussed with a
cc~mittee of local contractors to determj~ if the City could oreate more
problenm than it ~as solving.
Additional information was provided by the Director Of Municipal Works in
response to a question raised by Alderman Schisler concerning the variations in
prices received.
Foll(~ing further o~l,,ent, it was moved by Alderman Schisler, seconded by
Aldera,~n Baker, that the report be received and adopted, and the cc~tract
awarded to the low tenderar. The motion Carried with Aldermen Ckmmdngs and Fera
voting contrary, Alderman Kerrio abstaining on a coaflict of interest, and all
others voting in favour.
See Resolution #77
See By-law 82-169
No. 486 - (~ief Administrative Officer - Re: Tenders for New EquiFment. The
report recu,,~nds acce~3tance of the following tenders for new equiEment: 1)
Archer's Truck's Service Ltd. - $53,494.65 for the supply of o~e 1983
International S-line 1954 truck cc~lete with wing end plow; 2) S.M.I. Tomonto -
$57,356.28 for the supply of one self-propelled 3 point suspension mechanical
sweeper; 3) Elston Industries Ltd. - $11,558.14 for the supply of two COleTan
wing plows; end 4) King Seagrave Ltd. - $12,336.03 for the supply of one 5 ou.
yd. two-way spreader, dunp body.
Alde Dilte suggested that for future purchases, the tenders be called
for vehicles witout snowploug~ equiE~ent attached, which would allow more
individuals to su~mit bids. Snowplough equiFment oould then be purchased
separately and attached to the vehicles when required. The Director of
Municipal Works agreed that such a suggestion could be tried in the future.
ORDERED ou the motion of Alderhen Chxanings, seconded by Alderman Dilte, that the
report be received end adopted. Carried Unanimously.
No. 487 - Chief Administrative Officer - Re: Grading of Clay Surfaced Roads.
The report reo3mends that guidance be provided to the Municipal Works '
Department on future action to be take~ on maintaining the clay surface of
Willoughby Drive and Scmerville Road used to gain accesss to an existing
dwelling located at the intersection of Willoughby Drive 'and Morningstar Road.
Mayor Thcmson advised that the City had done maintenance work on these
roadways and funds were allocated in the budget .for this type of work. In
response to several questions raised, the Director of Municipal Works stated
that this type of work is done as part of the City's normal procedure if
material is available. In the case of the property owner in this area, it~ was
indicated that the City would not go in every time he wanted the road graded,
and that other roadways %ould not be deleted as a result of any work do~e in
this area. With respect to the probl~ this resident has experienced as a
result of the M.T.C. closing access fran the Q.E.W., the Director of Municipal
Works indicated that meetings have been held with Mr. Rc~agna~o, his solicitor
and the M.T.C. to determine what can be dane to assist h~n.
ORDERED on the motion of Aldemmn Cunmings, seconded by Alderman Dilte, that the
report be received and filed. Carried U~ly.
-9-
No. 489 - Chief Administrative Officer - Re: Waste Management Master Plan for
the Regional Municipality of Niagara. The report provides information on the
develolm~nt of the waste manageTent master plan for the Region.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the
report be received and adopted, and that a copy be sent to the Social Planning
Council for information. Carried Unanimously.
No. 490 - Municipal Works C~l,,~ttee - Re: Construction of Fruitbelt Parkway.
The report reccr~ends that Fruitbelt Trucking Limited be given a one-year
extension to construct Fruitbelt Parkway subject to certain conditions.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cun~ings, that
the report be received and adopted. Carried Unanimously.
No. 491 - Finance Cc~mittee - Re: Finance Co~ittee Reports. The report
reccm3ends that Council receive and file the December 31, 1981 tax arrears
report; that COuncil endorse a grant of $100 to the March of Dimas; and that the
six mDnth statement of revenue and expenditure be received and filed.
ORDERED On the nx3tion of Alderman Chees~an, seconded by Alderman C~mxnings, that
the report be received and adopted. Carried Unanimously.
No. 492 - Chief Administrative Officer - Re: Municipal Accounts. The report
rec~,ends payment of the re/nicipal accounts.
Additional information was provided on Cheques #11136, #11290, #11312, and
#11314 in response to questions raised by Alderman Cummings.
ORDERED On the motion of Alderman CheesPan, seconded by Alderman Fera, that the
report be received and adopted. The motion Carried with Alderman Cumings
abstaining on a conflict of interest, and all others voting in favour.
No. 493 - Chief Administrative Officer - Re: Appointments in the Clerk's
Department. The report rec~,,lends that the following appointments be approved
effective August 1, 1982: Barbara G. Scott - Deputy City Clerk $24,985 per
annun; LOis A. Putney - ASsistant to the Clerk - $24,000 per ann~n, both on a
one year trial hasis.
Alderman Puttick indicated that he was opposed to the manner in which the
appointments were handled, based on length of service as opposed to
qualifications.
In response to questions raised by Aldermen Kerrio and Orr, the Chief
Administrative Officer indicated that the position of Vital Statistics Clerk
would be filled internally, and depending on the [~reon appointed, an increase
in salary could be involved.
Following further cfx~ent, it was moved by Alderman Cunxmings, seconded by
Alderman Chsesman, that the report be received and adopted. The motion Carried
with the following vote:
AYE: Aldermen Cheesman, ~gs, Fera, Baker, Janvary, Kerrio and Schisler.
.B~XE: Aldermen Dilt, Orr and Puttick.
No. 494 - Chief Administrative Officer - Re: Painting of City Swinmling Pools.
The report rec~ends that Cheque #10878 be approved for payment to Judd and
Munn COntractors Ltd. for the painting of all pools for the City in 1983, and
that the City periodically review the practice used in order to determine the
most econcxnical method available.
Several members of COuncil expressed the view that this type of work could
be done by City employees as opposed to having the work contracted out.
Follcwing the discussion, it ws moved by Alderman Schisler, seconded by
Alderman Baker, that the report he received and adopted. Carried UnanimDuslx·
No. 495 - Chief Administrative Officer - Re: Site Plan Approval for Proposed
Public Garage Mechanical Lots 1 & 2 Plan 65 Thorold Stone.Road. The report
rec(mmmnds approval of the above site plan subject to certain conditions.
Alderman Janvary eMpressed concern that the operation would be located at a
very busy intersection with many children in the area. The Alderman asked if
No. 488 - Chief Administrative Officer - Re, Crack Sealing - Various City Road
Surfaces. The report advises that .the City will be [ertlcipating in the _
Region'e 1982 Road Surface Crack Sealing Program and that work will be do~e on
Oliver Street, Oekes Drive, Portage Road, Dunn Street, Murray. Street,-St. Clair L
Avelue, St. Lawrence Aveue and Jepeon Street. ' report be received and adopted.
staff had reu~,~,~nded other areas in the City for this type of operatioa. ~ayor
Thc~e~ advised that the individual involved had acquired the property for ~his
Purpose, end it was correctly z~ed.
OR~ on the ~ic~ of Alderman Cummings, seu(mded b~ Alderm~n Fera, that the
Carried Unanim0usly.
- 10 -
No. 496 - Chief Administrative Officer - Re: Zamboni Ice Resurfacer Stamford
Arena. The report recu~,,ends the City purchase an "Olympia" Self Propelled Ice
Resurfacer fron the Resurf Ice Cor~oratic~ at a total cost of $23,400.
The City Solicitor suggested that if COuncil w~s agreeble to the
recfmmBndation, approval should be givel subject to suitable ind~,~ty being
supplied by the cu,pany.
Alderman Dilts felt that the City should have obtained a price ce having
the existing zamboni re-built. The Alderman felt the zamboni could be put back
into excellent condition at a nuch lower cost.
Alderman Kerrio agreed that the City should investigate the possibility of
having the existing equilment re-built. The Alderman felt that the City should
not be spena~ng $23,400 ce an ice resurfacer at an arena where there would be no
Junior "A" or "B" hockey being played.
The Renewal Coordinator advised that staff did investigate the [ossibility
of repairing or re-building the existing equiFment, and it was felt that the
purchase of a new ice resurfacer would be of more benefit to the Municipality.
Alderman Puttick felt that the City had gotten a good price for the new
equiFment, and it would eliminate the necessity of having the old equiFment
serviced constantly.
Following further discussion, it ~as moved by Alderman Puttick, seconded by
Alderman Cumnings, that the report be received and adopted. The motion was
Defeated With the following vote:
AYE: Aldermen Ches~ran, Cummings, Baker and Puttick.
NAYE: Aldermen Dilts, Fera, Janvary, Orr, Sohisler and Kerrio.
It was than moved by Alderman Cheesman, seconded by Alderman Ctmmings, that
the report be deferred for t~o weeks. Carried Unanimously.
No. 497 - Chief Administrative Officer - Re: Leslie Pool Steering C(a,,L, ittee.
The report recuL,Lends that a steering oaL,,dttee be appointed by (buncil to work
on the planning and implementation of work to be carried out at Leslie Pool
under the Oam~unity Services {bntribution Program, and that the Cxa~,~Httee
consist of Mayor Thomson, three Aldermen, and staff as required.
ORDERED On the motion of Alderman Cunmdngs, seccelded by Alderman Dilte, that the
report be received and adopted, and that AIde Janvary, Cunlnings and Orr
serve on the C~u~ttee. Carried Unanimously.
No. 498 - Loan Review C~,,~attee - Re: Applications for Assistance. ~ The report
reea~k~ends approval of five applications for assistance received under the
Ontario Home Renewal Program.
ORDERED on the motion of Alderman ~gs, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
No. 499 - Chief ~altnistrative Officer - Re.' Demolition Quotations. The report
recYa,,,ends that Richard Collee Trucking be awarded the contract for demolition
of one building under Council approved Property Standards By-law 74-204, for the
property known as 4975 Kingston Street.
ORDERED on the motion Of Alderman Ch/nmlings, seconded by Alder~Bn Cheesman, that
the report be received and adopted. Carried Unan/nDusly.
No. 500 - Chief Administrative Officer - Rel Ontario Emplolm~lt Incentive
Program 1982. The report rec~a~,~ends that Gouncil approve the following work to
be carried out under the subject program.' Painting and pointing of the Fire
Training Tower - $8475; Repair Of the roof at Morrison Street Fire Hall -
$2441; and Painting inside and cutside the Fire Hall - $5226; for a ~3tal cost
of $16,142.
ORDERED on the motion of Alderman Clmmings , .seconded by Alderman [era, that the
report be received and adopted. Carried Unanimously.
No. 501 - Chief Admin'istrative Officer - Re.' An Ant to Amend Certain Ants
Respecting Regiorml Municipalities, Bill 149. The report provides Information
on Bill 149 which Will provide for legalizing existing operations which were not
provided for in the ~riginal Regieml Municipality of Niagara Act.
ORDERED on the motion of Aldermsn Fera, seccTaed by Alderman Dilts, that the '
report be reueived ~nd filed. Carried unanimously..~ ,
- 11 -
No. 502 - Chief Administrative Officer - Re: Shipnent of Hazardous Materials.
The report provides information on the shil~ent of hazardous materials, and
recfx~ends that the Ministry of Transport be asked to supply the most recent
copy of Regulations governing the shiFmant of hazardous materials.
ORDERED On the notion of Alderman Cunwnings, seconded by Alderman Baker, that the
report be received and adopted, and that COuncil be advised when the information
frcm the Ministry Of Transport is available. Carried Unanimously.
No. 503 - Chief Administrative Officer - Re: Bill 150, Amendments to the
Municipal Act. The report provides information on various amendments to the
Municipal Act.
Alderman Cummings indicated that he was opposed to the new sections that
would provide for Councils passing by-laws, resolutions etc. and conducting
their meetings in English or in both English and French. Mayor Thcmson
indicated that the legislation was a permissive nature, and did not require that
the Municipality take such steps.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and filed. The motion Carried with Alderman Cun~mings voting
contrary, and all others voting in favour.
No. 504 - Chief Administrative Officer - Re: Municipal Election - Voter
Notification. The report reo3~uends passage of a by-law to provide for
notification to voters.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Baker, that the
'report be received and adopted. Carried Unanimously.
No. 505 - Mayor Th~nson - Re: labour Dispute - Ohio Brass Canada Inc. The
report advises that the labour dispute at the Ohio Brass Canada Inc. has been
resolved and a memorandt:n of settlement was signed. The report further
~e~presses appreciation to Mr. Brian Cassidy of the e~ployess' union, the members
of the union negotiating cu,uattee, Mr. Harry Stewart and Mr. Robet Kitchen of
Ohio Brass, and the City' s Personnel Officer.
Mayor Themson praised the efforts of the Personnel Officer for his
assistance in working with officials of Ohio Brass and its employees' union in
resolving this matter. The Mayor suggested that the Personnel Officer be
!granted a day off in lieu of the time be had devoted to this issue.
]0RDERED on the notion of, seconded by Alderman Cunlnings, that the report be
!received and filed, and that the Personnel Officer be granted one day in lieu of
~his time involved in this matter. Carried Unanimously.
iNo. 506 - Mayor Thomson - Re: Recognition Of GOrdon Singleton. The report
irec~mends that the City designate the day of Mr. Singleton' s return to the City
!as "Gordon Singleton Day", and that the City investigate through its Finance
iC~mittes the possibility of a cash award in recognition of his acco,~lishments.
!0RDM~ED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
~report be received and=adopted. Carried Unanimously.
iNo. 77 - SCHISLER - BAKER - RESOLVED that the unit prices submitted by M.J.
~!Storm Limited for sanitary sewer construction on Caledonia Street and Dorchester
Road, be accepted at the tendered price of $308,822.10; .AbD the Seal of the
· !C0~ration be hereto affixed.
,!
!
Carried with Aldermen
CuRratings and Fera
voting contrary, and
all others voting in
fayour · _
N0. 78 - M - JANVARX - RESOLVED that a message of condolence be sent to
the family of the late Mr. Robert William Dawe, former Treasurer of the T~nship
of Stamford from 1945 to 1963, and a member of the Treasury Department staff
until his retirement in 1964, a respected member of the cu~,~nity; A~D the Seal
of the Corporaticu be hereto affixed.
Carried Unanimously
BY-lAWS,
ORDERED on the motion of Alderman Cheesmml, seconded by Alderman Baker, that
leave be granted to introduce the following by-laws, and the by-laws be read a
- 12 -
No. 82-168 - A By-law to authorize an agreeneat with Rick Redekop Ltd. and Bank
of ~bntreal.
No. 82-169 -
A By-law to authorize the execution of an agreement with M.J. Storm
Limited for sanitary sewer construction on Caledonia Street from
Dunn Street to Dorchester Road and cn Dorchester Road fr~n
Caledonia Street to Douglas Street.
No. 82-170 -
A By-law to provide for the notification of resident electors of
the date and time of polling, including advance polls, and the
location of the polling places.
No. 82-171 -
A By-law to authorize an agreement with Her Majesty the Queen in
Right of Ontario as represented by the Minister of Citizenship and
Culture.
No. 82-172 - A By-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections.
No. 82-173 - A By-lawtoprovidem~nies for general purposes.
NO. 82-174 - A By-law to authorize the acquisition of land for the widening of
Queen Street and for park purposes.
No. 82-175 - A By-law to authorize the acquisition of land for the widening of
Queen Street and for park purposes.
No. 82-176 - A By-law to authorize the acquisitica of lara for the widening of
Queen Street end for park purposes.
No. 82-177 - A By-law to appoint a Deputy City Clerk.
Carried with Aldermen
Cun, mings voting con-
trary on 82-169,
Alderman Orr voting
contrary on 82-177,
and all others voting
in f~vcur.
ORDERED on the motion of Alderman Fera, seconded by Alderman Kerrio, That the
following by-laws be now rend a second and third t/me:
No. 82-168 - A By-law to authorize an agreement with Rick Redebp Ltd. end Bank
of Montreal.
No. 82-169 -
A By-law to authorize the execution of an agreement with M.J. Storm
Limited for sanitary sewer construction on Caledo~ia Street fren
Dunn Street to Dorchester Road end cn Dorchester Road from
Caledonia Street to Douglas Street.
No. 82-170 -
No. 82-171 -
A By-law to provide for the notifiction of resident electors of the
date and time of polling, includin~ advance polls, and the location
of the polling places.
A By-law to authorize an agreement ~th Her Majesty the Queen in
Right of Ontario as represented by the Minister of Citizenship and
Culture.
No. 82-172
No. 82-173
A By-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections.
A By-law to provide ~mies for general purEuses.
No. 82-174 - A By-law to authorize the
Queen Street and for ~erk
No. 82-175 ~ A 'By-law to 'authorize the
Queen Street and for
acquisition of land for the widenin~ of
purpoees.
acquisition of land for the widenin~ of
~urposes. ---
No. 82-176 - A By-law to authorize the acquisition of land for the widenin~ of
Queen Street and for Amrk purposes. -
No. 82-177 - A By-law to appoint a Deputy City Clerk.
Carried with Aldermen
Cun~ings voting con-
trary on 82-169,
Alderman Orr voting
contrary on 82-177,
and all others voting
in favour.
N]~qBUSINESSS
pROPERTY ADJAC~qT TO 4765 QUE[~ STREET
It was moved by Alderman Cummings, seconded by Alderman Kerrio, that a
request of an individual concerning property adjacent to 4765 Queen Street, be
referred to staff. Carried Unanimously.
WRCNG-WAY TRAFFIC ON HURON STREET
Alderman Puttick submitted a letter be had received from an individual who
had counted twenty-t~D drivers in one day going the wrong way on Huron Street.
Tne Alderman suggested that staff look intopossiblemeasures thatwould make it
mDre obvious to individuals that Huron Street between Erie Avenue and Victoria
Avenuewas a one-way street.
Alderman Janvary advised that she had been pleased of the coverage given by
the local press to the apprecition extended by members of the Finance Co~nittee
to the taxpayers for the decrease in the amount of taxes ~wed as of December 31,
1981.
It Was moved by Alderman Cheesnan, seconded by Alderman Kerrio, that the
meeting adjourn to C~a~,~d ttee Of the a~Sa~S&aqarried Unanimously.
MAYOR WAYNE THOMSON
Council met c~ Tuesday, August 3, 1982, in Cem~ttee of the Whole. All
· enbers of Council were present with the exception of Aldermen Merrett and
8cmerville. Alderman Cummings presided as Chairman.
Following cc~sideratica of the it~lresented, the Committee of the Whole
arose without reporting. . ~ ~ a · ~
Council Chambers
August 3, 1982
Council rec(mvened in formal session on Tuesday, August 3, 1982, following
a meeting in Ca~,~ttee of the Whole. All members of Council were present with
the exception of Aldermen Merrett and S~nerville. His Worship, Mayor Thc~son
Presided as (~airman.
The meeting adjourned.
RFADP~D
- 14 -
TW~qlY-FIFTH MEETING
C(IN~I'f"i'~j~j OF THE WHOLE
Conmittee Roc~ #1
August 16, 1982
Council met on Monday August 16th, 1982, at 6:00 p.m. in Conmittee of the
Whole. All members of Council were present with the exception of Aldermen
Cheesmen and Schisler. Aldenran Dilts presided as Chairman.
Following consideration of the
arose without reporting.
the Conmittee of the Whole
B.G. SCOTT, DEPUTY CITY CLERK
MAYOR WAYNE THOMSON
Council Chambers
· August 16, 1982
Council met on Monday August 16th, 1982 at 7:40 p.m. for the purpose of
considering general business. All n~mbers of Council were present with the
exception of Alderman Che~.sman and Schisler. His Worship, Mayor Thomson
pr~.~d~d as Cb~nk~n... Alderman Dilts offered the Opening Prayer.
P~OPTION OF MINUTES
ORDERED On the motiOn of Alderman Cunmings, seconded by Alderman Fera, that
the minutes of the meeting held On August 3, 1982, he adopted as printed.
Carried Unanimoasl},.
DEPUTATIONS
MR. BOB STE~RRP - REPORT OF T~ RECREATION COmmISSION RESPECTING HOCKEY
PEA'~TIO~S
ORDERED on the notion of Alderman Cunmdngs, seconded by Alden~an Fera, that
Mr. Stewart be granted permissiOn to address Council.
Mr. Stewart felt that boys participating in house league hockey are being
treated u~fairly because they do not have the amount of hours necessary to
· practice On the ice. He also felt that many boys ere being denied t~a privilege
of playing hockey as they do not have the money to purchase equiIment, etc...
Mr. Stewart stated that a problem also arises when the coaches choose boys who
ere bigger and look like hockey players to play On the team. As a result the
smaller boys are left cut. He said that sports should not be controlled by
those on an all-star level.
FoiicWing a considerable ammt Of discussion, Mayor ThcmsOn asked Mr.
Stewart if he would be willing to meet with Mr. Sones and a Conmittee of the
RecreationCu~,s,~ssicu'~ana dis~dss scme.p0ssible solutions. ,*'u : =, *
Mr. Stewart stated that he would be willing and Mr. RobinsOn, a concerned
parent, was present and wished to address Council also. Mr. Robinecn felt that
as a taxpayer he should be able to kn~N what organizatiOn is using a public
facility. He Said that his recamendation is that the Co~nittee form a
philosophy so that everyone who wishes to use a facility can do so.
Alderman Cu~nings felt that organizations which ere directly involved with
arenas should also participate in a meeting and that the Ccmnittse which was
previoA/sly formed by Council to review this matter,~ should be reactivated.
Following further cuL,,ents, it was moved by Aldei]~en Dilts, seconded by
AIdemen Merrett, that ~. Stewart and Mr. ~obinson meet with Mr. Sones, and a
Ga,.L,;ttee of the Recreaticu C~,,.~ssic~ to discuss the sucjgestio~s made, and
further that Council be kept informed as to the A~-ogress of the discussions.
Carried Unanimously.
L
-2-
MR. BOB STEWART - ADMINISTRATION AND OPERATION OF ~3NICIPAL ARENAS
Mr. Stewart expressed concern over the amount of hours that are being
wasted as to ice time. He felt that the City administration should find out how
many people are actually ou the ice at one time. He suggested that perhaps
volunteers could operate a public skating time with good m/sic for children,
teens and adults. Mr. Stewart stated that children are being exploited by the
alcoholic beverages served at the arenas. He feels that this is not necessary
and he also does not like to see the beverages in the dressing rooms at the
arenas. Mr. Stewart said that he is concerned kecause the Minor Hockey
Association sells alcoholic beverages and cigarettes'W.hi....1,? ]o_ .t~er 9rga~.'.zati.ces
which have children involved do not resort to this.
Mr. Stewart also mentioned that there are scme city employees, friends, and
relatives, using the arena free of charge.
Mayor Thomson asked the Director of Buildings and Inspections if he was
a~are of this m~tter. The Director of Buildings end Inspections replied that he
was not.
Mr. Stewart felt that the children participating in Minor Hockey have great
potential and that everyone should be getting out and supporting them.
Alderm~n Puttick stated that he would like the Director of Buildings and
Inspections to ask Mr. Stewart in confidence which individ,,~ls are using the
arena free of charge. The Alderman said that he wauld then like him to issue an
order to the arenas that no one. ~ allowed to.use the arena free of charge.
Following further discussion, it was moved by Alderman Fera, seconded by
AldeL.~n Cunlnings, that the matter be referred to staff foe a report. Carried
Unanimously.
~. JO~ BIAENnm~.T., CITIZ~N'S ACTION 0~[~IT/'K'K -- PROMO~IONS UEPARTM~NT
Report No. 507 - Chief Administrative Officer - Re: Resignation of F~Lotions
& Facilities CoOrdinator. The report reckaLi,ends that:
(1) that the resignation of Mr. ~obert Lavelle as Prceotions and Facilities
CoOrdinator be accepted with regret and that he be requested to continue his
services--until .the--eMpira.tao~ .of..-~lis-current oontract as extended-by By-Law No.
82-150 (September 11, 1982); (2) that the City Oouncil re-evaluate the
position of Promotions end Facilites CoOrdinator end, if a decision is made to
continue the position ~n its p~ese~t or in a revised role, ~r. Lavelle be asked
to continue on a H~athly basis ~mtil a replacement has been secured.
Mr. John Blackwell was granted permissim to address Council on the mDtion
of Alderman Cummings, seconded by Alderram1 Merrett. Mr. Blackwell stated that
he w~s representin~ individuals free the Citizen's Action Committee. He said
that the people feel the concept of a PLa,~ic~s end Facilities Co-ordinator is
very sound and that the functic~ of the Department should be. to consider the
following items:
1. co-ordinate use of City facilities for the k~nefit of the o~.,~nity,
2. to provide a variety of ent.e~,lning events which may he of interest to
citizens in the area, and
3. help local charities raise nuch needed funds by offering the opportunity
to share in return of them events.
Mr. Blackwell stated that without the Prcmoti~ns Department, the N.H.L.
SloPitch Tournament would.not have bee as successful. He also said that
future events such as the Harlen Globe Trotters show would suggest that it is
~ui~ossible to place a dollar value c~ theas events. Mr. Blackwell felt that
since the Niagara Falls Flyers ere g~le mDre events are going to be necessary.
He requested ~hat Council and Staff give their full support to the P~io~s
HeFa~ ~,ent. , ..... : .......... · .......
Aldeh,~n Mertett stated that he felt although there were sc~e ~-cbl~r~ with
the Pr~u~icns i Facilitiei..Depart, men, t, there were nBny successes. He felt that
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Following further discussion, it was noved by Alderman Merrett, seconded by
Alderman Orr, that the resignation of Mr. Robert Lavelle as Prcmotions and
Facilities CoOrdinator be accepted with regret end that he be requested to
continue his services until the expiration of his current contract as extended
by By-law No. 82-150 (SeFfcember 11, 1982), that the matter of a Promotions
Department be referred to the Finance Ccl~nittee for further discussion, and that
Mr. Lavelle be asked to participate in the discussions with the Finance
Cum,ittee. Carried UnanimDusly.
DEPUTATIONS
MR. DARRYL MCCALLUM - ISSUANCE OF HAWKER & PEDLAR'S LICENCE
ORDERED on the motion of Alderman Cunlnings, seconded by Alderman Baker,
that Mr. Darryl McCallurn be granted permission to address Council.
Mr. Doug Littlewood stated that he would be addressing Council on behalf of
Mr. McCall~m regarding the selling of produce on the streets end door-to-door.
He stated that the City Clerk requested that he approach Council for a licence.
The Chief Administrative Officer stated that a Hawker & Pedlar's licence
allows individuals to sell their products frcm door to door only, not at a
specific location. The Chief Administrative Officer felt that the concern when
the application was made was that Mr. McCallun indicated that he would be
selling his product on the street in one specific location.
Alderm~n Cu~nings stated that he has seen people selling fruit, etc... at
one location over a period of years. The Chief Administrative Officer stated
that farmers are exerl3t frfn this.
Alderman Merrett suggested that perhaps Mr. McCall~n could set up his
business at one of the local markets.
Mr. Littlewood said that they would not be at one location but rather
bring the business to the people. He stated that his concern was for older
people who could not get Out to shop.
Mayor Thcmson stated that there was a misunderstanding, end if Mr.
Littlewood wished to come to his office the next morning, he and the Chief
Administrative Officer would speak to alim regarding the licence. o'
MR. HARVEY DOXEY - W~l'~ ~X~OUNT
Mr. H. Dexey was granted permission to address Council on the motion of
Aldef.~n Curedrigs, seconded by Alderman Kerrio. Mr. Dexey expressed scme
concern that he w~s never notified of his water being turned off. He stated
that his ~atar w~s turned off in Jenuary, 1982, and he w~s not notified until
June, 1982. He also said that in order to repair the leakage, he should be
notified by the City Manager. Mr. Dexey said that he has paid his water bills
to the md of June, 1982, end has since been billed for four months o~,.lencing
in July. He does not see any justification as to the billing since he has net
been receiving water since January 21st, 1982. Mr. Dexey also stated that he
felt the water by-law should he reviewed.
Mayor Thcmson stated that Council had eliminated $20.00 but there ware
additional costs. Mr. Dexey informed Council that the balance of his bill as of
February was $12.12, ffc~ March to Jane 30th $37.94, end the shut off fee, which
Council had eliminated, was $20.00. He felt that he should not have to pay an
amount of $50.06 or for the repair charge to fix the leak.
FOllowing further discussion, it was moved by Alderman Dilts, seconded by
Aldezmmn Kerrio, that an em0unt of $50.06 he refunded to Mr. Doxey, that the
w~ter by-law be reviewed by the Finance C~,.d ttee, and further that the City
assist Mr. Dexey in fixing the leak. The nDtion Carried with Aldermen Orr end
Puttick,voting contrary, all others voting in favou~'.~ · .';. ,- ..
Report NO...508 - Chief Admimts~rative Officer - Re~ Site Plan Approval,
:! Alder~m Dilts felt that any discussic~s that take place should include . M85, South Side of Scholfield Road.
!~ : ! velle. He said that the matter should be handled b~ the Pinance ~,,,attee site plan.
Proposed 30 Unit Townhousing by Cresso~ Develo[ments, Block A, Registered Plan
The report re~,i~ends approval of the
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Alderman Merrett asked the Senior Planner what date the property was
rezoned. The Senior Planner replied that it ~as rezoned September 12th, 1977,
by By-law 77-98.
~lderman Fera questifmed whether the plan of subdivision ~as posted in the
area and if the people in the area were notified when the zoning took place.
The Director of Buildings and Inspections.replied ~0 the Alderman' s
questions stating that there was a plan of subdivision which was posted as a
block and all the residents who were required to be notified were.
Mr. P. Taylor representing the developer, was granted permissic~ to address
Council on the motion of Alde Kerrio, seconded by Alderman Somerville. Mr.
Paul Taylor provided a brief beckground of the property which fo~fe part of a
plan of subdivision registered in 1979. The lands had not been developed since
that time because of the proble~m With regards to Shriner's Creek. Mr. Taylor
informed those present that the developer felt this particular develoE~nent Will
enhance this area and if the develolm~nt proceeds, the lots in the area Will be
more marketable. Mr. Taylor told Council that this develol~ent ~rill be
beneficial to the City as it Will create jobs and it Will increase the revenues
of the oa~Lunity by adding to the tax base.
Mr. Taylor stated that there Will be a rental fee of $525.00 per unit and
that the developer feels this project will be very successful. He said that the
owners of this project have the right to see this project built as a 32 unit
townhouse site and suggested that the developer could sue the Municipality if
the nunicipality refused to permit the develoEment proceed.
Mayor Thc~son read a list of names of property (~ners who were notified
when the rezoning took place. The Mayor stated that this matter was handled in
1977 and the zoning of the property is secure end it could also be developed as
a 54 unit apartment building or a 32 unit. townhousine develolm~-nt.
Following further o~,,,ents, it wes moved by Alderman Kerrio, seconded by
Aideklein Merrett, that Mr. 'Leo LaPlante be granted permission to address
Council. Carried Unanimously. ' '
Mr. [aPlante stated that he was a very o0~cerned citizen. He expressed
cfmcern about the effect of a townhouse develolm~_nt on the value of the hc~es in
the area. He also stated that the landlord ~ould not be living the area and
that could also be a problen. Mr. LaPlante said that ha did not think fencing
in the area would be beneficial to anyone. He mentickled that ther~ ~as a strong
possibility that there my be a drug problem in the area.
Mr. Andreas Ioannidea addressed Council stating that the c~ly sign that was
posted in the are was a Sunnyside Su~divisic~ sign which did not indicate that
a townhouse develoiment ~as to be constructed. Mr. Ioannidas expressed a
concern of how this ~Duld affect the value' of. the hcmes. He also felt that no
one would pay the m~thly rental price of $525.00.
Mr. Pat McCann stated that the resideats of the area were never notified of
this develoEment. He said that the value of his home has gc~e down since this -
develo[ment has bee~ proposed. Mr. McCann referred to the townhouse
develo~m~_nts such as the o~e c~ Casey Street which has a single trash container,
and the doors are erashed, and also to c~e in St. Catharines where t~e m~jority
of people ere on welfare. '
Mr. Frank Maillett told Council that he was informed there would he no
townhouses in this area. .,.:.,: ' · "' ;"
Mr. Rick Zabor stated t]~t he ~as at the meeting in 1979 when thi~ ~ettar
discussed and had oDjected at t~at time. He felt that Council should be
su~orting the 'area reSide~ta a~d not 'a developer fr(n out of tnwn.
FES. D. Ceuthier addressed Council stati~ that a neighhour of hers had
been ~ified of the zoning change, however, she was never notified.
~s. ~Maann Strange informed Council that she was in atte~ance a~ the
meeting in 1979 and w~s elso %old When She bought her hcme there would he no
-5-
Mr. Sam RDssi told Council he was very concerned about the value of his
house going dcwn.
Mr. Jacob Vanderzweerde informed Council that he was never notified that
the zoning would be changed and that he did not feel it was necessary for Mr.
Taylor to threaten the City by saying he would sue.
Mrs. Terry Hegedos stated that she was previously a resident ~n Waters
Avenue and her neighbour had a horse in the backyard. She said that she moved
away frcm that type of neighbourhocd and did not Wish one like it
Mrs. L. LaPlante addressed Council saying that if the develoFment was going
to proceed, the least that could be done ~Duld he to ensure that the units were
owner occupied.
In response to a suggestion made respecting rezoning of the subject
property to single family residential, the City Solicitor stated that there was
no question in his mind that the Municipality would get into serious legal
difficulties if it atter~Dted such action.
Following further discussion by residents and members of Council, it
moved by Alderman Puttick, seconded by Alderman Kerrio, that the site plan not
he approved and that the City SOlicitor be directed to initiate the appropriate
actic~ to have the zoning on the property revert to single family residential.
The motio~ Carried with Aldermen Baker and Orr voting contrary and all others
i infav'V6 i'.
NOTE: Aldermen Fera, Puttick and Orr retired from
the meeting.
CC~q~GNICATIONS
No. 269 - Mrs. P. Grayley - Re: MOtorcycle and BMX Tracks, Former Township of
Willoughby. The c~a,.,unication expressas appreciaticm to Council for their co-
operation in passing the amendments to By-law 395 for the former Tcwnship of
Willoughby, and cuL.,ents on Mr. John Michael's letter dated July 22, 1982,
regarding Motorcycle and BMX tracks.
Alderman Somerville stated that be felt this proposal is a serious problem
for those residents in the Willoughby area.
ORDERED On the hu~ion Of Alderman Dilta, seconded by Alderman Baker, that the
c~L.,unication be referred to the City SOlicitor for ecament and that a report be
prepared for Council. Carried Unanimously.
NOTE: Alderman Sc~rville retired from the meeting.
No. 509 - Municipal Parking and Traffic C~,.,[ttee - Re: Taxi Stands - CN
Statics. The report reoa~,,ends that the Regio~ he requested to provide a ten-
car taxi stand inmediately to the east of the entrance to the CN Static~ on
Bridge Street and that the Bus Stop he relocated to the west of the entrance.
The Traffic and Construction Engineer outlined the proposal on a posted
drawing. Mr. C. Wright and Mr.. B. Hunter,-both local taxi operators, provided
additional iafo~l~tion on the matter.
Following further discussion, it was moved by Alderman Baker, seconded by
Aldermen Kerrio, that the report be received and adopted. The motion Carried
with Alderman Janvary voting contrary and all others voting in favour.
No. 510 - Chief Administrative Officer - Re: Sunday and Holiday Closings -
~wntown Area. The report recu~,~ends that Council determine if the downtown
area ehould he exempt from the provisions of the Provincial Act to regulate
Holiday Closings for Retail Businesses, and if so, that the Council of the
Regice]al Municipality of Niagara be requested to pass the necessary by-law.
Alderman Dilts stated that he was requested to inform Council that Niagara
S~uare had m~de a similar request previously, however t~a matter had never been
finalized. Fayor Th~n suggested ~hat Mr. Torok, the Manager of Niagara
8~uare, write a letter to Council request~lg an exe,~jtion.
O~ On the .rf~ion Of Alderm~n Cur~ings, se~<~-aed by Alderman Merrett, that
the Regional Municipality of Niagara he rec/uested to pass the a[propriate by-law
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No. 511 - Chief Administrative Officer - Re: AM-22/81, F. Calaguiri, Proposed
Body Shop East Side of Oakwood Drive. The report recfmmends that Council
consider the request submitted by Mr. S. CardamDne c~ behalf of F. Calaguiri for
an extensioa end that Council determine: (a) if en exteinsion should be
grented and if so, the length of time of the extension; and (b)if no extension
is granted, whether the application for rezoning should be approved.
ORDERED On the motiOn Of Alderman Kerrio, seconded by Alderman Merrett, that
an extension of sixty days be granted. The reotion Carried with Alderman Baker
voting contrary and all others voting in fayour.
No. 512 - Chief Administrative Officer - Re: Econceic Climate Study -
ImplementatiOn of Various Rec~mendatic~s. The report reoaLe~ends that Council
consider the three attached resolutions for transmittal to the Federal or
Provincial Governments in conjuncticfi with recu~,~endations made in the Econcnic
Climate Study.
Alderman Baker inquired as to vahether or not the City could get a Federal
grent to pay for the cost of inspecting wood stove installatic~s. Mayor Thcmson
stated that the City' s Fire Inspection Department ~ould probably inspect the
~ood stoves.
ORDERED on the motion Of Alderman Cegs, secofided by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 513 - Chief Administrative Officer - Re: Ontario Hydro Property - Welland
River Part Lots 212 to 218 Inclusive. The report rec~,e~ends that: (a) the
passage of a by-law to authorize a licence agreement with Ontario Hydro for Part
Lots 212 to 218; and (b) in accordance with policy established by Council
relative to the develoi~entment of Park areas, that the preparation of a
develo[ment plan for this property be referred hack to the RecreatiOn Oa,,l,~ssion
in order that all interested parties may have input into the develo~a,ent.
ORDERED On the motiOn of Alderman Merrett, seconded by Aldernk3n Cumnings, that
the report be received and adopted. Carried Unanimously.
No. 514 - Chief Administrative Officer - Re.' ResolutiOn from City of
Stratford. The report reds that if City Oouncil andorses the intent of
the resolutiou of the City of Stratford dated April 27th, 1982 regarding the
establishment of a Federal-Provincial-M~unicipal Liaison Coffmittes that the said
resolution be forwarded to the Federatiou of Canadian Municipalities for their
consideration.
ORDERED on the motion of Alderman c~.~angs, seconded by Alderman Merrett. that
the resolutiOn of the City of Stratford regarding the establishn~_nt of a
Federal-Provincial-Municipal Liaiso~ Committee be endorsed and that the
resolution be fon~arded to the FederatiOn of Canadian MuniCipalities for their
consideration. Carried Unanimously.
No. 515 - Chief Administrative Officer- Re: Ismailia Oa~,~nity Church. The
report recumends that the information contained herein be noted, the report
received and filed and a copy be provided to the representatives of Ismailia
Cure,Unity Church and ~Rch of* the -persc~s-who.signed.the-letter-of .concern
recently received frcm residents of Stantcfi Aveflue.
ORDm~ED On the motloft of Aldernmn Cumnings, seconded by Alderm~n Dilte, that the
report be re~eived and ~_~npted. Carried Unanimously.
CC~]~/qICATIONS
No. 270 - Pagiofial Munici lity of Niagar~ - Re.' Water and Sewage Flows by
shc~rlng water sewage flow
c~f~eriscns for the month of JUne 1982.
ORDerED on the motiOn of Aldernen Cunlnings. seconded by Alderman Dilts. that the
cume~nication be received and filed. Carried Unan/mously.
No. 271 - Regional Municipality of Niagara - Re~ Niagara Roads 49 and 102
(McLeod Road and Stanley Aveflue) Grade SeparatiOn at Conrail. Phase II, City of
Niagara Falls. The ~.Euniciation elerifies some of the misunderstanding c~1 the
closing of ~ existing McLeod Road.
ORDERED On the motion Of Alderman Baker, seconded by Alderman Cu~gs, that the
~,m,JaiCintion be received end filed. Carried Unanimously.
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No. 272 - R tonal Municipalit of Niagara - Re, Naming of ~oadway - McLeod ';
new roadway constructed in conjunction with the underpass be named McLeod Road
through to Portage Road and that residents in the area be [olled regarding the
possibilty of naming the old section of McLeod Road between Ailanthus Avenue and
Portage Road, Corfield ROad. Carried Unanimously.
No. 273 - Regional Municipality Of Niagara - Re: Waste Management Master Plan
for the Niagara Region. The oamunication requests Council to confire the
representatives that they have appointed to the Waste Management Municipal
Advisory Sub-C~,p~ttee end the Waste Management Municipal Technical Sub-
Cu,~,~ttee.
ORDERED on the motion Of Alderman Merrett, seconded by Alderman Cumings, that
Alderman Dilts be appointed to serve ~n the Waste Manage~a~t Municipal Advisory
Sub-C~mattee. Carried Unanimously.
No. 274 - Provincial Gas - Re: Increased Revenue end a New Residential Rate
Structure. The c~,,~unicatiea infoLu~ Council of action taken by the Ccmpany as
a result of the Federal GOvernment restraint policy.
ORDerED on the motion Of Alderman Cuff~ings, seconded by Alderman Dilts, that the
cu~,~uniOation be received end filed. Carried Unanimously.
No. 275 - Mr. L. E. Crisp - Re: PetitiOn for Change in Laws Dealing with
Violent Crimas. The oa,~unication requests endorsement of a petition demanding
a change in the laws dealing with violent crimes.
OREERED on the motion of Alderman Cunraings, seconded by Alderman Kerrio, that
the petition be endorsed. Carried Unanimously.
No. 276 - Social Planning Council of Niagara Malls - Re: Econc~ic Climate Study
Report. The c~,,,unicatiOn provides informatiOn on res[enses received with
respect to the Econ~c Climate Study report.
ORDERED on the motion of Alderman CunmLings, seconded by Alderman Merrett, that
the report be received and filed. Carried Unanimously.
No. 277 - Hardesty end Hanover Consulting Ehgineers - Re: Closure of Whirlpool
Rapids Bridge for Repairs. The oam~u~ication informs Council that the ~hirlpool
Rapids Bridge between Niagara Falls, New York and Niagara Falls, Ontario will be
closed to all motor vehicle and pedestrian traffic frgm September 7, 1982 to May
19, 1983, inclusive.
ORDERED on the motion of Alderman Merrett, seconded by Alderman CLmnings, that
the cca~naunication be received and filed. Carried Unanimously.
No. 278 - .Niagara Women in Crisis - Re: Fundraising Campaign. The
cc~mmalication expresses appreciation to Council for supporting the Niagara Wc~en
in Crisis.
ORDERED On the motion Of Aldernknn Cunmlings, seconded by Alderman Baker, that the
ommurLicetion be received and filed. Carried Unanimously.
No. 279 - Armstrong CumunicatiOns Limited - Re~ Cable Feed to Parkside
Apartmerits in Niagara Falls. The c<~,.uniOatiOn requests permission to place a
cable off the west side of the ~alkway frcm Buckingham Drive to Badeft Powell Park
and in the edge of the Park, westerly to reach the Parkside Apartments On Kaler
~oad in Niagara Falls.
ORD[aED On the n~Llon Of Alderman CLEgS, seconded by Alderman Merrett, that
approval be granted. Carried Unanimously.
No. 280 - The Optimist Club - Re: Special Occasion Permit. The o~,,~uniOation
requests parmission to operate a beer and/or liquor concessic~ at the Niagara
Sports Centre On September 10th, llth and 12th, 1982.
O~DERED off the motiOn of Alderman Cu~nings, seconded by Alderman Dilts, that the
request ~ a~proved subject to established policy. Carried Unanimously.
· ' ' ' See ResOlution #79
No. 516 - Chief Administrative Officer - Ra= Special Event Rental Bates. The
report re~a,z,ends that Council authorize staff to prepare an a~endment to the
by-law on "Special EVefit Re~n, ta! Pates" add ' .lgg. a category, re~ conveaticms for
~rvios Organizations.
The cumunicetim requests .~.. ORDERED on the h~Lion Of Alderman Marrett, seccmded by Alderman C~ffninge, that
,recent construction of the 14r~T~mtv! BOad u~derpass. [[ Dilts po be received and adopted. The motiOn Carried with Aldermen Baker and
OR~SRED on~/le~,~Lon of Alderman Dilts. sec~Med b~Alderr~m Merrett. that th'h Voting ccmtrary. and all others Vot/ng.h}. ~
-8-
No. 517 - Chief Administrative Officer - Re: 1982 - 83 Arena Schedules. The
report re(>a,,,ends that City Council approve the following: (a) the attached
amended 1982-83 arena schedules; and (b) the dates for the Niagara Falls Jr. "B"
Canucks Hockey Team' s he~e games to be played at Niagara Falls Memorial Arena.
Alderman Merrett asked why the Niagara Falls Arena was vacant c~ Monday,
Tuesday and Wednesday, for t~o bars. The Director of Recreation stated that no
one has requested to use the arena at this particular time.
ORDERED on the ~3tion Of Alderman Karrio, seconded by Aldernk~n Cu~nings# that
the report be received and adopted. Carried Uneusly.
No. 518 - Chief Administrative Officer - Re: Proposed ZOning Amendment
Application kM-8/82, City of Niagara Falls, Southwest Corner of Stanley Avenue
and Valley Way. The report rec~,le/%ds approval of the application for a change
in z~ning for surplus lands previously used for road allowances purposes, to
light industrial in order that it can be sold to the owners of the existing
industrial mall contiguous to the subject lands for parking, landscaping and
signing in conjunction with the mall, and peseage of the by-law to stop ~ and
close part of Valley Way.
ORDERED on the motion Of Alderman Dilts, seconded by Alderman C~gs, that the
report be received and adolYced. Carried Unanimously.
See By-lawB 82-183 and
82-187
No. 519 - Chief Administrative Officer - Re: Chippaw~ Water Treatment Plant.
The report rec<~ii,-ends that a small ~rcel of land being used in conjunction with
the water treatment plant in Chip[ewe, be cc~veyed to the Regional Municipality
of Niagara subject to them preparing the legal docune~te.
ORDERED c~ the motion of Alderman Merrett, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 520 - Chief Administrative Officer - Re: Request for Release, Lot 76, Plan
M-29, 7359 Greenboughs Road. The report reoaw,~nds ~/lat Council pess the by-law
appeari~ on this agenda to authorize a release of Lot 76, Plan M-29 frcm the
provisions of a subdivision agreement between the City and Taro Properties
Incorporated dated the 20th day of Novenber, 1974 and registered the 30th day of
April, 1975 as Instrune~t No. 232482, as amended by an agreemMmt dated the 29th
day of August, 1975 and registered the 1st day of October, 1975 as Instrument
No. LT-2013.
ORDSRED on the motion of Alderman Merrett, sec(~nded by Alde,~lnan Baker, that the
report be received and adopted. Carried Unanimously.
See By-law 82-180
No. 521 - Caief Administrative Officer - Re.' ~equest for Release, Lot 23, Plan
M-29, 7446 Willow Creecant. The report recc~ that Coraloil psss the by-law
appearing on this agenda to authorize a release of Lot 23, Plan M-29 frcm the
provisions of a subdivision agreement between the City and Taro Properties
Incorporated dated the 20th day of November, 1974 and registered
the 30th day of April, 1975 as Instrunent No. 232482, as amended by an agreemen~
dated the 29th day of August, 1975 and registered the 1st day of Octcheer, 1975
as Instrtm~t No. LT-2013.
OPJ~ERED on the motion of Alderman Merrett', seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See By-law 82-179
No. 522 ~ Chief Administrati~e Officer - Re: Drainage Problem - McKemey Road
and Young Road. The report advises of ~ork done to resolve the subject drainage
cc~plaint,
ORESRED on the x,~ion Of Alderman Baker, seconded by Alderman Janvary, that ~he
report be rec~i~d and filed. e~ried Unanimously.
No. 523 - Chief Administrative Officer - Res Maple Street Road Contract. The
rel:ort reckmends that t~e anticil~ted over-e~xliture on the Maple Street
reeurfacing oretract (co$1tract R.C. 15-82) be financed using funds available
f~-~a~ the Main Street and Tacmims Street si. dewalk co~struchtc~ funds in ~ 1982
OR~MM~ on the motio$~ of Al(~man Merrstt, escorted by Aldezmmn JanvalT, ~t~a~t
the relx3rt be received and adoF~ed. Carried Unanimously.
.,',
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No. 524 - Chief Administrative Officer - Re: Engineering Services for
Appraisal of the Mewburn Road Bridge. The report reds that the Director
of Municipal Works be authorized to engage the services of Acres Consulting
Services Limited, to provide engineering services for the appraisal of the
Mewburn Road Bridge at an estimated cost of $20,000.00.
NOTE: This report was deleted frcrn the agenda and will be presented to
Council at its reeeting to be held on August 3Oth, 1982.
No. 525 - Chief Administrative Officer - Re: Hydrologic and Hydraulic Studies
on the Willedell Paad, Gonder Road, and Miller Road Bridges. The report
recc~mends that the report entitled "Hydrologic and Hydraulic Studies Willedell
Road Bridge - Gonder Road Bridge - Miller Road Bridge" (July 1982), prepared by
~aras Consulting Services Limited be received.
NOTE: This report was deleted frnn the agenda and will be presented to
Council at its meeting to be held on August 30th, 1982.
No. 526 - (~ief Administrative Officer - Re: Update to the Regional Road Systen
- 1982 - 1983. The report recc~ne~ds that the Regional Municipality of Niagara
be advised that the City of Niagara Falls has no suggestions for any additions
or deletions to the Regional road eysten.
ORDerED On the motion Of Alderman Cun~ings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
No. 527 - Chief Administrative Officer - Re: Sidewalk Installation - Beaverdams
Road. The report reckmends that the Sidewalk Repair Contract of
F. Sacco Construction Co. Ltd., be extended to include the installation of a new
sideelk on the north side of Beaverdams Road, from an existing sidewalk located
west of Wayne Street to a driveway antranca at the Cardinal Ne~nan Sehocl.
ORDERED on the motion of Alderman Cumgs, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
No. 528 - Municipal Parking and Traffic Oa~,~attee - Re: Intersection of Bridge
Street & River Road. The report recur, lends that our Federal representative be
contacted to help expedite ir~provem~_nta at the intersection of River Road,
Bridge Street and the Whirlpool Bridge.
ORESRED on the nrfcion of Alderman Merrett, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 529 - Chief Administrative Officer - Re.' Municipal Accounts. The report
recu~m~ends the payment of the municipal accounts.
Additional information ~as provided c~ Cheque #11601 in response to a
question raised by Alderman Cummings.
Cheque n~nbers 11381 and 11541 ware deleted and ~rill be presented to
Council at its meeting of August 30th, 1982.
ORDERED on the motion Of Alderman Merrett, seconded by Alderman Kerrio, that the
report be received and adopted as amended. Carried Unanin~usly.
No. 530 - Chief Administrative Officer - Re.' Purchase of New Zamboni Ice
Resurfacer Stamford Arela. The report reccem~/~ds that the City of Niagara Falls
purchase an 'Olynpia' Self Propelled Ice Resurfacer from the Resurf Ice
Corporati(m% at a total cost of $23,400.
Alderman Kerrio questioned whether or not the old machine could be rebuilt.
The Director of Buildings and Inspections informed the Alderman that there would
not be a new %eranty if the old machine was rebuilt.
ORDERED on the motion of AldenTan Merrett, seconded by Alderman Cunw~ings, that
the report be received and adopted subject to d3taining indu,~aty from Olympia
in a form satisfactory to the City Solicitor to protect against any claim for
patent infringemint. The ~ur. Lion Carried with the following vote:
AIE: Aldermen Cummings, Baker, Merrett and Mayor Themson.
_N~E: Alder~m Dilts, Janvary and Farrio.
No. 531 - Chief Administrative Officer - Re.' Frof~rty Standards By-law 74-204
Mr. O. Etezadi, 4190 Perk Street. The report rec~,,~ends trader clause (a) of
sub-section 7.10.4 of By-law No. 74-204 that the Corporatice~ retain a demolitien
Contractor to forthwith ~lete the work which Mr. Etezadi w~s directed to
carr~ out under the Order give1 May 27, 1982, which will inelude su. cervision by
- 10 -
a cc~sulting engineer, and that pursuant to sub-section 7.10.5 of said By-law
NO. 74-204 any expense incurred by the Oorporation, its servants or agents in
carrying out the ~ork aforesaid be recovered in a like manner as nunicipal
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 532 - Chief Administrative Officer - Re: Designation of Onippawa O.N.I.P.
Area. The report recuL,~ends that the by-law appearing on tonight's agenda,
prepared in accordance with the provisions of Secion 22.2 of the Planning Act,
be approved designating a [klrt of Chippapa as shown c~ the attached map as the
1982 O.N.I.P. area for the City of Niagara Falls.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the
report be received and adopted. Carried Unanimously.
No. 533 - Loan Revie~ Oa,,,dttee - Re: Applicaticrs for ASsistance. The report
rec~,,Lends approval of four applications for assistance received ruder th~
Ontario Hcme Renewal Program.
ORIERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the
report be received and ~aopted. Carried Unanimously.
No. 534 - Chief Administrative Officer - Re: The Buildings and Inspections
Department Report for July 1982. The report provides ~ouncil with currant news
relative to permit statistics, develo~,Bnt .proposals, and any other roteworthy
data that has emerged during the pericd covered by the report.
ORDERED on the motion of Alderman Omenings, secc~ded by ~derman Dilta, that
the report be received and filed. Carried Unanimously.
No. 535 - Chief Aaministrative Officer - Re: Contract with G. A. ~Ieneo
Ccmletruction Limited for Additions and Renovatioas to the Fireball Theatre -
Mechanics' Lien Claims. The report informs Council that all outstanding
daficiences in respect to the above-noted contract have now been cu,~leted and
the matter may ha considered as having been successfully c~ncleded.
ORD~a{ED c~ the motion of Alderm~n Cu,i,angs, seconded by Alderman J~nvary, that
the report be received and filed. Carried Unanimously.
RESOLUTIONS
No. 79 - M - DILTS - RESOLVED the Niagara Falls Optintist Club be 9L~nted
permission to conduct a beer and/or liquor concessicn in conjunction with their
OV Provincial SloPitch Tournament on ~eptember 10th, llth, and 12th, 1982 at
the Niagara Sports Centre subject to the approval Of the N~ag. ara Regional
Police, the Niagara Falls Fire Department, the Niagara District Health Unit end
the Liquor Licensing Board of Ontario; AND the Seal of Corporation be hereto
affixed. ~
Carried Unanimously
No. 80 - Ct~a4]NGS - DILTS - RESOLVED that whereas in a Joint Study initiated by
the City of Niagara Falls and the Niagara Falls Social Planning Comlcil eltitled
Economic Climate Study March 1982 certain re(xa,.,endaticas have bee1 made, and
where the City of Niagara Falls wishes to support these rec~,~a3dations, and
where it seere a desireable safety feature to elsure inspection of new wood
stove installati(Mls, therefore be it resolved that tba City of Niagara Falls
recu~.,ends that the Federal Govef,.,e~t s~ould make payment of grants fc~ the
Canada Oil Substitutioa Program co~ditic~a! on inspection of ~ood stoves at City
level; AND the Seal of the (~=Ex)ration ha hereto affixed.
Carried Unanimmly
NO. 81 - CII~4INGS - DILT8 - RESOLVED that wher,,~n in a Joint Study initiated by
the City of Niagara Falls and the Niagara Falls Social Planning Council entitled
Ec~-~s~ic Clirmte Study March 1982 certain rec~,i~3ldaticns have been made, and
where~_l the City of Niagara Falls wishes to support them recemlmdations, and
whereas the~e algiers to be a cunsiderable shortage of fundi~ available for
Private Nero-Profit and Cooperative Housing ProJeete, therefore ~e it resolved
that the City of Niagara Fells recammmds that the Federal ~ove~,~ent further
encourage c-i--'imrative housing F~Jects by making n~'a funds available for
eoo~erative ~0using projects, ~ND ,the M Of the .C0~oraU.c~ be hereto__
affixed.
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No. 82 - CL~e4INGS - DILTS - RESOLVED that whereas in a Joint Study initiated by
the City of Niagara Falls and the Niagara Falls Social Planning Council entitled
Econcmic Climate Study March 1982 certain recoeendations have been made, and
whereas the City Of Niagara Falls wishes to support these recc~nendatious, and
whereas it seems desireable to provide more flexibility for families in finding
suitable anea~.l~dation by providing allowances tcward payment of market rents
rather than providing accu~.l~dation at reduced rents, therefore be it resolved
that the City of Niagara Falls reds that the Provincial Government
consider a shelter allowance for those loN-inccme people needing financial
assistance to obtain adequate rental busing, and further that the City of
Niagara Falls reea',~ends that the Provincial Government consider the gradual
phasing out of rent controls, subject to a shelter allowance plan being in
place! AND the Seal of the Corporation be hereto affixed.
............... Carried Unanimously;
BY-LAWS
ORDerED on the motion of Alderman Curerings, seconded by Alderman Dilts, that
leave be granted to introduce the following by-laws, end the by-laws be read a
first time:
No. 82-178 - A By-law to authorize a licence agreement with Ontario Hydro.
No. 82-179 - A By-law to authorize a release. (Lot 23, M-29)
No. 82-180 - A By-law to authorize a release. (Lot 76, ~29)
No. 82-181 - A By-law to designate a redevelolm~nt area.
No. 82-182 - A By-law to authorize an agreement with Fruitbelt Trucking Inc.
No. 82-183 - A By-law to authorize the stopping up and closing part of Valley
No. 82-184 - A By-law to authorize an agreement with Deb-San Hc~e Builders Ltd.
51o. 82-185 - A By-law to authorize an agreement with Pec Pnof Maintenance.
No. 82-186 - A By-law to authorize an agreenent with 336476 Ontario Limited
carrying on business under the name of Metro Niagara Painters.
No. 82-187 - A By-law to a~end By-law No. 79-200, as am~ded. (AM-8/82)
No. 82-188 - A By-law to provide monies for general purposes. (As Amended)
ORDERED on the ~otion of
the folleNing by-laws be
No. 82-178
No. 82-179
No. 82-180
No. 82-181
- A By-law to
- A By-law to
- A By-law to
- A By-law to
No. 82-182 - A By-law to
t No. 82-183 - A By-law to
~ ~ Way.
No. 82-184
- A By-law to
Carried unsntnmusly 2 187
~: ,- ~! . -
No. 82-185 - A By-law to
No. 82-186 - A By-law to
- A By-law to
Carried Unanimously
Alderm~n Merrett, seconded by Alderman Cunmdags, that
now read a second and third time:
authorize a licence agreenent with Ontario Hydro.
authorize
authorize
designate
authorize
authorize
a release- (Lot 23, M-29)
a release. (Lot 76, M-29)
a redevloFment area.
an agreement with Fruitbelt Trucking Inc.
the Stopping tp and closing part of Valley
authorize an agreene~t with Dab-San Hc~e Builders Ltd.
authorize an agreement with Pec Roof Maintenance.
authorize an agreemerit with 336476 Ontario Limited
business under the name of Metro Niagara Painters.
amend By-law No. 79-200, as amesIdeal. (~M-8/82)
No. 82-188 - A By-law to provide monies for general purposes.
Carried Unanimously
BEST WISHES - ~ J(D~q GRi~'~iN
Alderman Janvary referred to the recent announcement that Reverend John
Griffen of St. Andrew's United Church, will be moving to Ne~narket in September,
1982. It ~as moved by Alderman Janvary, seconded by Alderman Ctmmlings, that a
letter be sent to Reverend Griffen, extending the Council' s best wishes in
connection with his move to Ne%~narket in September. Carried Unanimously.
Alderman Baker questioned the status of the Portage Road Bridge OVer the
HEPC Canal at this point in time. Mayor Thomson stated that a report will be
forthocming fran the Region in the near future.
It was moved by Alderman Marrett, secoraed by Alderman Kerrio, that the
meeting adjourn. Carried Unaniruusly.
READ AND ADOFI~D,
B.G. SCOTT, DEPUI~ CITY CLE~F~
e
TW~qTY-SIXTH MEETING
Ccrmittee Room #1
August 30, 1982
COFFilTrEE OF THE WHOLE
Council met on Monday, August 30, 1982 at 6:00 p.m., in Conmittee of the
ahole. All members of Council were present with the exception of Aldermen
~{heesman and Dilts. Alderman Fera presided as Chairman.
Following consideration of the items presented, the Co~nittee of the Whole
'~rose without reporting. ~a~a
SPECIAL M~TING
MAYOR WAYNE THOMSON
Council Chambers
August 30, 1982
Council met on Monday, August 30, 1982 at 6:30 p.m. for the purpose of
mnsidering the proposed townhouse development on Scholfield Road. All members
Council were present with the exception of Aldermen Cheesman and Dilts. His
LTrship, Mayor Thc~sen presided as Chairman.
wlTE PIAN APPROVAL FOR PROPOSED 30-UNIT TOMqHOUSING BY CRESON .,
t~3LOCK "A", SOUTH SIDE OF SCHDLFIRIn ROAD -
~eport No. 508 - Chief Administrative Officer - The report reccmmends approval
Df the subject site plan subject to certain conditions.
~cation No. 281 - Mr. Paul C. Taylor - The communication expresses
on to the resolution passed by Council at its meeting of August 16, 1982
elaying approval of the subject site plan and requesting the City Solicitor to
rovide an Opinion to have Block "A" Of Registered Plan M-85 rezoned to single
emily lots.
Mr. Paul Taylor, solicitor for Creson Investments Inc., stressed that the
.ssue to be dealt with was approval of the sits plan. Mayor Themsee pointed out
'~at in addition to the site plan, there ~as also the question of an amendment
~) the subdividers agreeneat that would be required in order to allow
~evelolmmnt of the project to proceed.
Mr. Taylor outlined the history of the proposal, leading from the resonings
~ee took place in 1977 and 1979, up to the suhnission of a site plan for
pproval by the City. In 1979 there were objections voiced against the zoning
f the lands to permit a 32-~t townhouse develo[ment or a 54-unit apartment
uilding. At that time a real estate agent had addressed the Planning &
lolmBnt Cumattee '~aicating that the residents would prefer the tf~housing
I~-o the construction of a 54-unit apartment building. Mr. Taylor advised that
Rubsequent to the rezonings Council had approved the closing of a portion of
!~ntrose Road and its sale ~ the developer. These lends end additional lands
~urchased fr~n the M T.C were to he included in the area ee which the townhouse
eveloiment %Duld ~ ~ace Mr. Taylor also made reference to the Shriners
eek project and an agr~nt betwee~ the City and various developers to
~cilitate th~ ccmpletion of that project. The owner of the subject lasds Feid
~o the City as its share in contributing to resolving the issue, an amount of
i~5,785.45. Also included in the agreement, was a provision that the City would
=mdeavour to expedits approvals that would assist the various ~ners in
.'~eveloping their lends Mr Taylor stated that ha considered this clause to be
~ contractual ubligati~, ~ felt that there was an obligation on behalf of the
~ity end Council to ~ly with the contract and sot as expeditiously as
~ssible in approving the sits plan. In response to questions rais.ed,
.t
-2-
Mr. Taylor advised that footings had bee~ put in prior to the end of 1981 in
order for the project to qualify for a M.U.R.B. grant.
In response to a question raised, Mr. D. Casey of Creson Investments
indicated that under Provincial regulations, 20% to 25% Of the units, if
requested, would be geared to income or rental assisted units. Mr. Casey
advised that at all times, his firm had attempted to cc~ply with the plantLing
system. While he was willin~ to meet with the residents in an effort to resolve
the matter, Mr. Casey stated that such a meeting would be futile if the only
conpromise acceptable to the residents was no townhousing.
Mr. Casey provided additional information in resEx)nse to n~erous questions
raised by m~nbers of Council.
Concern was expressed by various members of Council over the sign that had
been posted in the subdivision which did not indicate that townhousing would be
built on Scholfield R~ad. Mr. Casey stated that the sign had keen prepared by a
local painter when develo[ment in the subdivision had cc~menced, and there had ·
been no att~L~ot to misled the public.
Mr. J. Jaluvka indicated that he had been retained by residents in the area
opposed to the subject develol=aent. Mr. Jaluvka stated that in Niagara Falls,
the experience has been that where develoiment of this nature has taken place,
adjacent single family residents ere affected detrimentally with respect to
value. Mr. Jaluvka referred to the decision of Council on AUgust 16th in
denying approval of the site plan, and stated that the developer was now asking
Council to reverse that decision even though no new erglEaents had been advanced
in favour of the develoFment. It was also pointed out that it was only with the
advent of the site plan proposal that residents became aware of the existence of
the developnent. While the developer's position was that the zoning had bee~ in
place since 1977, Mr. Jaluvka reminded Council that when the zoning was passed,
the adjacent property owners entitled to be notified were developers and not the
individual residents whose lierues were built between 1978 and 1980. Had these
individuals known of the proposal, they would not have purchased the pLoperties.
In looking at the subdivision sign, Mr. Jaluvka stated that c~e could appreciate
how prospective hcme buyers would have failed to learn of the develoBrent.
Another concern of the residents wes that Mount Forest Subdivision does not have
a neighboerhood park. Although there is an area set aside for a park, budgetary
restraints have meant that mo~ies to develop the park have not yet been made
available. In addition, neither Casey Subdivision or Rola Woods Subdivision
have parks, and when the Mount Forest Park does begin to operate, the residents
anticipate a strain on its usa frcm the other subdivisiccls. The addition of
thirty-two townhouse units will make the strain on the perk usel Lmmanageable.
There is also strain on schools in the area caused by the increase in density
frcm the develuiaLents, [erticulerly in relation to the need to bus etudenta to
primary schools. In conclusion, Mr. Jaluvka stated that Council nust question
the workings of the planning system that would allow such a proposal to get to
the site plan stage. Mr. Jaluvka asked Council to stand fast in its decision
made at the last meeting, and that the decision to deny approval of the site
plan not be reversed.
Further discussion took place on the matter, during which members of
Council discussed possible alternatives that could be followed in finalizing
or resolving the matter. In response to several questions reised, the City
Solicitor stated that he did not think Council should oce%sider this as a meeting
to rezone the property, end it should be made clear to the developer that such
wes the case. Since the developer had indicated a willingness to negotiate, it
was suggested that Council should ~ake advantage of that opportunity.
Follc~rlng further c~,,,ent, it was moved kTy Alderman Kerrio, seconded by
Alderman Janvary, that Council not approve an amendment to the subdivision
agreement for Plan M-85. The reotion Carried with Alderman Baker Voting contrary
and all others voting in faycur.
It ~as then moved by Alderman Puttick, seconded by Alderman Merrett, that
the motion passed by (bunoil at its meeting of August 16, 1982 with respect to
the site plan for the proposed townhouse develo~ne~t on Scholfie!d Road, be
rescinded. Carried Unanimuusly.
It was then moved by Alderman P%%ttick~ secc~ded by Alderm~n Karrio, that
the report and c~,.,uniestion be received and filed, and that copies be made
available to any individuals wishing the informatio~. Carried Unanimously.
3
Alderman CLmmings suggested that consideration be given to scme procedure
that would provide for inspection of subdivision signs in the future in order to
avoid a recurrence of this type of situation.
In response to a question raised by Mr. Jaluvka, Mayor Thc~son indicated
that the residents concerned would be notified of any further discussions to be
~eld by Council en the matter.
It was moved by Alderman Fera, seconded by Alderman Kerrio, that the
.meeting adjourn. Carried Unanimously.
MAYOR WAYNE THOMSON
TWEbFFf-SEVENTH~31~rING
RI~I~_ARM~rING
Council Chambers
August 30, 1982
Council met on Monday, August 30, 1982 at 8:15 p.m. for the purpose of
considering general business. All rers of Council were present with the
excelYcion of ~ldelTaen Cheesman and Dilts. His Worship, Mayor Tho~sc~ presided
as Chairman. Alderman Fera offered the Opening Prayer.
ADOPTION OF MINlrfES
ORDERED on the mDtion Of Alderman Curegs, seconded by Alderman Fera, that
the n~inutes of the roering of August 16, 1982, be adopted as amended. Carried
Unanimously.
PRES~IqTATIONS
ACTHIE AWARD - DAVID MACLEAN
His Worship, Mayor Thcrasc~ presented an Achievement Award to David MacLean
who ~on the Ontario Knights of COlumbus Provincial Free Throw Championship for
12-Year Olds in February of 1982.
RECOGNITION PLAQUE - DR. J.H. DAVIDSON
His Worship, Mayor Thcmson presented a plaque to Dr. J.H. DavidSon in
recognition Of his many years of service to the cuL~tunity.
LNFINISHED BUSINESS
TODD'8 TOWING 9874WII/3DUGHBYDR/VE
Report No. 536 - Chief Administrative Officer - The report provides infor?nation
On the use Of the subject property for the storing of vehicles w~lich have been
brought on to the property t%ucough Todd's Towing Services.
ORDERED on the motiOn of Alderman Cumnings, seconded by Alderman Fera, that the
report be received and filed. Carried Unanin~msly.
ARBITRATION P~0C~:.:-ING8 - LOCAL 528, NIGARA F~LI.q PROFESSIONAL FIRE FIGhteRS
Report No. 537 - Chief Administrative Officer -The report provides information
on the decision of the Board ofArbitration on August 28, 1982 in granting the
following salary increases: January 1, 1982 - 9.6%; July 1, 1982 - 2.305%.
In response to a question raised, the Personnel Officer indicated that the
approximate lega~ COst to the City in addition to the arbitratiOn COsts, would
be in the area of $7500.
ORDERED on the motion of Alder~k%n Cunlnings, seconded by Alderman Orr, that the
report be received and filed. Carried Unanin~msly.
O3M~3NICATIONS
No. 281 - Hansa Financial & Corporate Managerent Inc. - Re.' By-law 82-160. The
c~.~unication requests clarification of the subject By-law so that it will
permit a nxYeorcross track to be established on Parts of LOt 5 and 6, Concession
4, Willouc~ Township.
In response to a question raised by Alderman Puttick, the City Solicitor
advised that according to the plan provided by the owner's representative, the
lands are covered by the By-law, and what the letter is requesting is whether
Council will change the By-law to exclude these lands. The Chief Administrative
Officer further advised that he had reoa,,,~nded that the letter be considered as
an ubJecti~ to the Byelaw in order to preserve the cwner's right to object
within the appeal ~eriod.
Alderman Kerrio indicated that his umaerstanding was that the By-law %Duld
cover f~ttlre uses and not existing uses in Willoughby. The City Solicitor
stated that this question could end up in the courts depending c~ the actiOn
take~ by the owner or leasee of the property and the City.
-2-
ORDERED on the motion of Alderman Cunm~ngs, seconded by Alderman Fera, that the
letter be treated as an objection to the By-law unless otherwise directed by the
representative of the owner. The motion Ca/Tied with Alderman Puttick voting
contrary, and all others voting in favour.
No. 282 - Regional Municipality of Niagara - Re: Closing Part of Valley Way at
Stanley Avenue. The oal,~unication advises that the Region has no objections to
the proposed closing of part of Valley Way deemed surplus following its
realigrm~nt at its intersection with Stanley Avenue.
ORDERED on the motion Of Alderman Cumnings, seconded by Alderman Fera, that the
cu~,,unication be received and filed. Carried Unanimously.
No. 283 - Mr. K. Smith - Re: Closing of Park Street. The cu,al~D_iction expresses
Opposition to the closing Of Park Street to permit a flea market, as the market
interferes with the writer's place of business at 4249 Park Street.
ORDERED on the motion of Alderman Cunmings, seconded by Alderman Merrett, that
the c~,,Lunication be referred to the Legal Department and staff to meet with Mr.
Smith. Carried Unanimously.
No. 284 - Residents of Meadowvale(Sussex Drive Ares - Re.' Noise from Q.E.W. The
cu~.~unicatien requests that the City build a traffic noise barrier on the Q.E.W.
frcm the Opt/mist Youth Park area L~3 to Thorold Stone Road exit.
ORDERED o~ the n~ios of Alderman Cumnings, seconded by Alderman Schisler, that
the c~,,unication be referred to staff for the preparatio~ of a report. Carried
Unanimously.
No. 285 - Mr. G.F.A. MCCallL~n - Re~ Fifth WOrld Conference cn Smoking and
Health. The c~unicatian reuqests financial assistance to help ensure that
funding for the conference meets the budgeted expenditure.
ORDERED on the motic~ of Alderman Fera, seconded by Alderman Baker, that the
cu,,~unication be received and filed. Carried Unanimously.
No. 286 - Matthews Travel International Inc. - Re: Store Openings on Sundays and
HOlidays, Downtown Area. The oa~,~unicatic~ expresses opposition to the proposed
ex~l~tiom for the Downtown Area frcm the provisions of the Retail Business
HOlidays Act.
Alderman Baker suggested that the City get scme indicati(m of how many
businessas in the Downtown area intend to re~ain epen on Sundays and holidays.
Mayor Thc~son pointed cut that the Downtown Board which represents the
businesses in the area, had requested the exe~tion. If the ex~lFtion did not
serve to improve businesss D<~altcwn, the stores would not re~n
ORDERED c~ the motion of Alderman Cuegs, seconded by Alderman Merrett, that
the c~,.Lunication be referred to the Regicl~al Municipality Of Niagara to
consider in conjunction with the request for ex~ion. Carried Unanimously.
banner on Bridge Street at Second Avenue to
advertise the time en~] locatio~ of the Niagara Falls Family Y.M.C.A. Open House
for the c(a,.,I/nity, September 9 - 11, 1982.
ORDERED on the motion of Alde/~mn Orr, seconded by Alderman CEgs, that the
request be approved subject. to similar approvals being obtained ff~a(, Niagara
Falls Hydro and the Regional Municipality of Niagara. Carried Unanimously.
No. 288 - Mr. D. Armenti - Re.' Special Occasion Permit. The c~,,uniostion
requests the City's approval of a special occasion permit in co~junction with an
Italian Festival to be held at the Niagara Falls Memorial Arena On Septe~l~ber 5,
1982.
ORDERED on the motion Of Alderman Fera, seconded by Alderman Merrett, that the
request be approved subject to es~_~h_lished policy. Carried Unanimously.
No. 289 - Niagara Transit - Re~ Taxi Stands - C.N. Station. The c~a,i,unication
requests that a meeting be arranged to further discuss the C~uncil's decisiOn
regarding taxi stands at the C.N. StatiOn c~ Bridge Street.
OPasD o~ the .u~lOn of Alderram1 Fera, sec<mded by Alderman Cunmings, that the
eu~.,unicatiOn be referred, to staff to arrange the meeting as requested.
Carried Unanimously.
No. 290 - Niagara Square - Re~ Ex~,~lOn fren Retail Business HOlidays-Act. The
~,~unl~atiOn rec/ueete an eA~tic~ f~uf~ the Retail Business Holidays Act to
atlcw stores in Niagara S~uare to remain c~Mm ~ Victoria Day, Dca~mi~ Day end
-3-
ORDERED on the motion of Aldem Kerrio, seconded by Alderman Merrett, that the
request be approved and referred to the Regional Municipality of Niagara .for the
preparation Of the necessary by-law. Carried Unanimously.
No. 291 - Mr. D. Peterson, Leader of the Opposition - Re: Nuclear Disarmament.
The c~a~elunication urges the Municipality to include a question on global nuclear
disarmament on the nunicipal election ballot this fall.
ORDERED on the motion of Aldernkln Cun~aings, seconded by Alderman Orr, that the
cu~,~unication be received and filed. The motion Carried with the following
vote:
AYE.' Aldermen Cummings, Fera, Baker, Orr, Schisler, Kerrio and Somerville.
NAYE: Aldermen Janvary, Merrett, Puttick and Mayor Thomson.
It ~as then moved by Alderman Baker, seconded by Alderman Puttick, that a
question on global nuclear disarmament be included on the municipal election
ballot in November. The motion Carried with the following vote:
AYE: AlderlNen Janvary, Merrett, Puttick, Kerrio, Sc~erville, Baker and
Mayor Thcmson.
NAYE: Alden Cummings, Fera, Orr and Schisler.
No. 292 - T(xwnship of Wainfleet - Re.' Factors for Equalization and Effects. The
c~,~unication requests endorsement of a resolution requesting a study to be
conducted by the Regional Municipality of Niagara COncerning the new factors for
purposes of asses~nent equalization.
ORDERED On the mDtion of Alderman C~,.,angs, seconded by Alderman Fera, that the
cu~,~unication be received and filed. Carried Unanimously.
No. 293 - Mr. S. Alfieri - Re.' Prc~otion of Niagara Falls. The cc~munication
empresses Opinions and observations along with recc~®aendationa for future
pr<m~Dtious of Niagara Falls.
ORDERED on the nl3tion of Alderman Orr, seconded by Alderman Cunlnings, that the
c~,eunication be received and filed. Carried Unanimously.
No. 294 - Niagara Regional Police Fastball Team - Re: Special Occasion Permit.
The c~.~unication requests City approval for a special occasien permit in
coajunction with the llth Annual Invitational All Police Fastball Tournament
from September 10 - 12, 1982 at Ker Park.
ORDERED on the motien of Alderman Schislar, seconded by Alderman Orr, that the
request be approved subject to established policy. CarTied Unanimously.
No. 295 - Royal Canadian Legion Branch 396 - Re: Special Occasion Permit. The
c~,,lunication requests City approval for a special Occasion permit in
conjunction with a picnic to be held at the Oaklands Tent & Trailer Park on
Septerber 12, 1982.
ORDERED On the mDtien Of Alderman Marrett, seconded by Alderman Sc[~erville, that
the request be approved subject to established policy. Carried Unanimously.
No. 538 ~ Recreation C~,~,H ssion - Re.' Notice of Meeting. The ocr~m/nicetion
advises that a meeting has bern arranged with Mr. B. Stewart and Mr. W. Robinson
on September 8, 1982, and that invitations have keen extended to the Niagara
Falls Minor Hockey ASsociation, the Niagara South Recreatien Association, the
Royal Canadian Legion Branch 51, the Stamford Lions Club, the Stamford Figure
S~ating Club, the Niagara Falls Figure Skating Club and the Sports Advisory
C~:,e~ttee.
ORDERED on the motion of Alderman Cunm~ngs, seconded by Alder~k3n Orr, that the
re~ort be received and filed. Carried Unanimously.
HO. 539 - Recreation C~ssion - Rel AddendL~m to 1982-83 Arena Special Event
Schedule. The report ree~a,~-ends approval of the list of special events to be
held at municipal arenas.
ORDERED 6n the motion of Alderman Cunnings, seconded by Alderman Schislar, that
the report be received and adopted. Carried Unanimously.
No. 540 - Chief Administrative Officer - Re.' AM-9/82, Niagara Falls Hydro
EleCtric Cxa,,~.:esion, Between Kalar Road and Pin Oak Drive. The report
ree~k~,ends a~roval of the applicatiOn subject to site plan control and the
~hgineer'e condi{iOns.
ORDERED on the m~tion of Alderman Baker, seconded by Alderman Cuttings, that the
rein be received and adopted. Carried U~ultmously.
See By-law 82-189
i_.
-4-
No. 541 - Chief Administrative Officer - Re: Province of Ontario Planners
Conference, Invitation to Planning Directors. The report recul,tends that the
Planning Director be authorized to attend the Annual Ontario Planners Conference
to be held in Toronto, September 23 end 24, 1982.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that 'the
re[oft be received and adopted. Carried Unanimously.
No. 542 - Chief Administrative Officer - Re: Fon,ntion of Municipal Non-Profit
Corporation. The report recommends that City Council resolve to form a
Municipal Non-Profit Corporation in accordance with the Province' s guidelines as
a first step in initiating one or more Municipal Non-Profit Projects; that the
Planning Director be authorized to arrange for the necessary incorporation
doc~nent by supplying beckground material to the Legal Department; end 3 ) That
the Mayor be authorized, assisted by the Planning Director, to form the
Non-Profit Corporation based on representation as follows: three members of
Council; four citizens representing the Social Planning Council, business,
industry, co~mtruction, legal or accounting background; and the Mayor as
ex-officer.
ORDERED on the motion Of Alderman Cummings, seconded by Alde Orr, that the
report be received and adopted. Carried Unanimously.
No. 543 - Chief Administrative Officer - Re: Ministry Of Municipal Affairs and
Housing Employment Incentive Grant Program - Official Plan Revie~ Of Willoughby,
Crewlend and Humberstone Areas. The re[ort reo~m~ends that an additional
contingency amount of approximately $6,500 be made available for the Willoughby,
Crewlend end Humberstone Official Plan Review, such monies to be found frc~a
f~ds already allocated in the Planning Department 1982 BUdget for Planning
Studies under Account Code 12755.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Schisler, that
the report be received and adolYced. Carried Unanimously.
No. 544 - Chief Administrative Officer - Re'. Pequeet for Release, Lot 56, Plen
M-29, 2602 Olden Avenue. The report recu~,,ends passage of a by-law authorizing
a release of Lot 56, Plan ~29 free the provisions of a subdivision agreement
between the City and Taro Properties Incorporated dated November 20th, 1974 and
registered as Instr%m~ent No. 232482, as amended by an agreement dated August
29th, 1975 and registered as Instrument No. LT-2013.
ORDERED on the motion of Alderman Orr, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-law 82-190
No. 545 - Chief Administrative Officer - Re: Unsafe ' ' ' on Welland
formally request Ontario Hydro to remove as quickly as possible an unsafe
docking facility located on the south bank of the .Welland River in the vicinity
of Sodera Road.
Mr. I. Story of the Chippawa Lions Club advised that the ~safe dock
facility was removed by Ontario Hydro that morning, and that Hydro ha~ give~ the
Club permission to replace the dock facility with a new one. Mr. Story stated
that the Club was willing to undertake the project in order to maintain pLv~er
dock facilities for the residmts of (b/ppawa. In response to a questio~
raised, Mr. Story indicated that the Club WOuld be maiD~tning the dock.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Scmerville, that
the report be received and adopLed. Carried Unanimously;
-5-
No. 548 - Chief Administrative Officer - Re: School Crossing Guards. The report
reccmmBnds that the necessary arrengenents be made to place a schcel crossing
guard on Lundy's Lane in the vicinity of Highlend Avenue and advises that
surveys will be carried out on Riall Street, Victoria Avenue end c~ Bridge
Street during the first week of schcel, to determine if school crossing guards
are required at these locations.
ORDERED On the motion Of Alderman Ckmmdngs, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 549 - Chief Administrative Officer - Re: Easement Agreement with Niagara
Parks Cc~nission for a Storm Sewer Across Niagara Parks Cc~nission Lands at
Bender Street. The report reds passage of a by-law to authorize the
execution Of an easenent agreement with the Niagara Parks Cu~,l.~ssion.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-law 82-192
No. 550 - Chief Administrative Officer - Re: Engineering Services for Appraisal
Of the Mewburn Road Bridge. The report recap.tends that the Director Of
Municipal Works be authorized to engage the services of Acres Consulting
Services Limited to provide engineering Services for the appraisal of the
Mewburn P~Dad Bridge at an estimated cost Of $20,000.00.
ORDERED On the motion of Alderman Merrett, seconded by Alderman Fera, that the
report be received and adopted. The motion Carried with Aldermen Cu~nings and
Baker abstaining on a conflict of interest, ~nd all others voting in favour.
No. 551 - Chief Administrative Officer - Re: Hydrologic and Hydraulic Studies on
the Willedell Road, Gonder Road and Miller Road Bridges. The report reds
that the report entitled "Hydrologic end Hydraulic Studies Willedell Road Bridge
- GoUder Road Bridge - Miller Road Bridge" (July 1982), prepared by Acres
Consulting Services Limited be received.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Somerville, that
the report be received and adopted. The motion Carried with Aldermen C~mings
and Baker abstaining on a conflict of interest, end all others voting in favour.
No. 546 - Chief Administrative Officer - Re'. ~crocl~ment - Unopened Laneway at
~ of 4477 John Street. The report rec~ii,ends approval of an application for
the passage of a by-law to permit the continuation of a frame garage at 4477
John Street upm a laneway at the rear of the p~ferty, and passage of the '
appropriate by-law.
ORE~RED on the ,(~ton Of AidsEdan Orr, seconded by Alderman Schisler, that the
report be received a~d adopted. Carried Unanimously.
. See By-law 82-191
No. 547 - Chief Administrative officer - Rein Parking on St. Paul Avenue. The
report re~,m,m~ldS that the Region be requested to prohibit perking bet~_'ccn the
hours of 8~00 a.m. and 6~00 p.m. from the westerly side of St. Paul Avenue from
McMicktng Street northerly across the fr~mtege of the first two resider[/al
prc~erties ·
~ be received and adopted. , Carried Unanimously.
No. 552 - Municipal Parking & Traffic Oat.,ittee - Re: Handicapped Parking
Permits. The report reckaa,ends that the City Of St. Catharines be advised tht
the City of Niagara Falls will honour their handicapped parking permits, and
further that a copy of our permit be forwarded to St. Catharines SO that they
will be able to reciprocate.
ORDERED On the motion Of Alderman Merfett, seconded by Alderman Ctm~nings, that
the report be received and adopted, and further that a copy be sent to Social
Planning Council for information. Carried Unaniracusly.
No. 553 - Chief Administrative Officer - Re'. Waste Managenent Master Plan. The
report re(katm,eP~18: 1) That the reccr~endatioas contained in Regional
Municipality of Niagara Report DEA-182 Item #28 be endorsed; 2 ) That
recu~uendatio~s c(~ntained in Regional Municialtty Report DEA-184 Ite~ #16 be
endorsed; and 3). That the City reserve judgement on participating in the
Regional. Waste ~anagement Master Plan Study reca~%l~ndations until it has bad an
opportunity to evaluate these reccm~nendations.
ORDERED on the motion of Alderman Cummings, ~ed by Alderman Baker, that the
report be received and adol~ed. Carried Unanimously.
No. 554 - Chief Administrative Officer - Re.' Contract C.R. 1-82, Culvert
Reconstructio~ on Thorold Townline Road. The report reoal,lends that
authorization be granted to proceed with additional surface treatment works in
conjunction with this project at an estimated cost of $900.00; and that the WOrk
be performed by the City' s surface treatment contractor, Norjohn Contractig
Limited, under the terms of contract S.T. 13-82.
ORDERED on the motion of Alderman Cunm%ings, seconded by Alderman Fete, t~hat the
report be received and adopted. Carried Unanlnrusly.
No. 555 - Chief Adm~altstrative Officer - Re~ Solid Waste Disposal control -
Mountain Road Sanitary Landfill Site. The report reea~i~nds that the starting
date for Implementation of the approved refuse control program at the Mountain
Road Sanitary Landfill Site, be changed f~. September 1, 1982 to October 25,
1982.
ORDERS) on the n~lon of Alderm~n Janvary, seconded by Alderman Cu~ltngs, that
ths report be resetveal and adopted. Carried Unanimously.
No. ~56 - Chief Administrative Officer - Re~ Tenders for the Demolition of Cakes
Park Westerly Grandstand. The re~K=t re~a,,,a acceptance of the tender
j
-6-
submitted by Fir. J. Pullia, carrying on business under the name of United
Contracting, in the amount of $995.00, for the demolition of Oakes Perk westerly
Alderman Cummings in~cated that he had attended a s~ccer game at Oakes
Park recently, and other people attending were sitting in the grandstand which
was to have been barricaded to prevent its use. Tne Alderman asked that the
grandstand be re~oved as socn as possible.
The Director of WOrks provided additional information on the contract
amount in response to a number of questions raised.
ORDERED on the motion of Alderman Ckmmlings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law 82-194
No. 557 - Chief Administrative Officer - Re.. Contract R.C. 19-82, Finished Road
Construction in the DOrchester Square Subdivision and Sidewalk Construction in
the Frontenac Woods and Sunnyside Subdivision, Stage I. The report rec~t.,ends
acceptance of the unit prices submitted by Stephens & Rankin Inc. for Sections
"A" DOrchester Square; Sectifm "B" Frontenac Woods Extension; and Secticn "D" -
Provisional Items.
ORDERED On the motion Of Alderman Cumldngs, seconded by Alderman Orr, that the
report be ~received and adopted. Carried Unanimously.
See Resolution #87
See By-law 82-198
No. 558 - Caief Administrative Officer - Re: Bruce Avenue Apartments - Servicing
Contract G.C. 22-82. The report recfm~ends acceptance of the unit prices
submitted by Cavanis Construction Co. Ltd. fc~ the installaticm3 of services on
Bruce Avenue.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cunmlings, that the
report be received and adopted. Carried Unanimously.
~^^ Resolution #88
See By-law 82-201
No. 559 - Chief Administrative Officer - Re; Municipal Accounts. The report
recuL.Lends payment Of the ~unicipal accounts.
Additional information was provided on Cheques #11613, #11663, #11684, and
#11721 in response to questions raised by Aldermen ~gs and Schisler.
ORDERED ca the motion of Alderman Sceerville, seconded by Alderman Puttick, that
the report be received and adopted. The motion Carried with Aldermen Baker and
Cu~ntngs abs~{ning on Cheques #11381 and #11541, Alderman Puttick abs~{nirg on
Cheques #11657 and #11687, and all others voting in layout.
No. 560 - Chief Administrative Officer - Re: Proposed Amendment to Sign By-law,
Wendy's Restaurant, 6363 Lundy's Lane. The report recu,,Lends that Council by
resolution, approve the increase in the maximun height fcr a si~ at Wendy's
Restaurant, Lundy's Lane, frcra 25' to 27'.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Kerrio, that
the report be received and adup~ed. Carried Unanimously.
See Resolution #89
No. 561 - Chief Administrative Officer - Re: Write-off of O.H.R.P. Loans. The
report rec~,,,ends that the O.H.R.P. Loan~ listed be Written Off as
~mcollectible.
ORDERED On the motion Of Alderman Kerrio, seconded by Alderman Schisler, that
the report be received and adopbed. Carried Unanimously.
No. 562 - Chief Administrative Officer - Re~ Arena Rental Rates.' The report
re~u,~ends passage of a by-law estshlish~g rental rate_n for the use of City
arenas o
ORu~MED on the motjoel of Aldernmn Merrett, seconded by Alderman Schisler, that
the report be received end adopted. Carried Unanimously..
· · See' Byelaw 82-195
No. 563 - Chief Administrative Officer - Rex Stamford/Jack Sell Arenas
Mechanical Repairs. 'xne report recfmmmx~ls that the ~-e~airs and maintenance work
totalling $7,357.27 ke paid to CIM33 Calumny for the work empleted. --.
OREMRED on the ~c~tton of Alderman Ck~mtngs, se~mded by A~d~ Fera, that the
report be received a~d 'adopted. ' Carried Unanimously.
-7-
No. 564 - City Clerk - Re: Provision for Advance Polls - 1982 Municipal
Election. The report recfmrends passage of a by-law to provide for an
additional advance poll for the 1982 municipal election.
ORDERED on the notion of Alderman Merrett, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unaninously.
No. 565 - Chief Administrative Officer - Re: Presentation by OMNI Media
Productions. The report reds that the possibility of having a promotional
video tape prepared by ~ Media Productions in conjunction with the Chamber of
C~:e~erce, the Niagera Falls Canada Visitor and Convention Bureau and the
Business & Industrial Gr(~qth Agency be deferred for future consideration in the
1983 budget discussions.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cunmtlngs, that
the report he received and adopted and that ~ Media Productions be advised
accordingly. Carried Unanimously.
No. 83 - CUMMINGS - JANVARY - RESOLVED that the tender sut~nitted by United
Contracting Co. for the de~01ition of the Oakes Park westerly grandstand, he
accepted at the total price of $995.00; AND the Seal Of t/le Corporation be
hereto affixed.
Carried Unanimousl},
No. 84 - SCH/SLER - ORR - RESOLVED that the Niagera Regional Police Fastball
Team be granted parmission to conduct a beer concession in conjunction with
their llth Annual Invitational All Police Fastbell Tournament on September 10,
11, and 12, 1982 at Ker Perk subject to the approval of the Niagara Regional
POlice, the Niagara Falls Fire Department, the Niagara District Health Unit and
the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimousll~
No. 85 - MERR~'IT - SOMERVIT,T,F. - RESOLVED that the ROyal Canadian Legion 396 be
granted permission to conduct a beer concession in conjunction with their picnic
on Septenter 12, 1982 at Oaklands Tent & Trailer Perk subject to the approval of
the Niagera Regional Police, the Niagera Falls Fire Department, the Niagera
District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of
the Corporation be hereto affixed.
Carried Unanimously
No. 86 - FERA - SOMERVI[J.F- - RESOLVED that the Madonna Adelorta Society be
granted permission to conduct a beer and/or liquor concession in conjunction
with their Italian Festival on September 5, 1982 at the Niagara Falls Menorial
Arena subject to the approval of the Niagara Regional Police, the Niagara Falls
Fire Department, the Niagara District Health Unit and the Liquor Licensing Board
of Ontario; AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl~
No. 87 - M - ORR - RESOLVED that the unit prices sukfaitted by Stephens &
Pankin Inc. for the construction of finished roads in the DOrchester Square
Subdivision and sidewalk constructic~ in the Frontenac Woods Extension
Subdivision, be accepted at the tendered price of $54,856.35; A~D the Seal of
the Cor/Dration be hereto affixed.
Carried UnanimousIX
No. 88 - ~'E~A - CLM~INGS - RESOLVED that the unit prices sut~nitted by Cavanis
Construction Ca~pany Limited for s~qermain, watermain and road construction on
Bruce Avenue, be accepted at the tendered price of $42,332.00; AND the Seal of
the Corporation be hereto affixed.
ORDERED on the x,D~-ion of Alderman Merrett, seconded by Alderman Fera, that leave
be granted to introduce the following by-law, and the by-laws be read a first
No. 82-189 - A By-law to sinend By-law No. 79-200, as amended. (AM-9/82)
NO. 82-190 - A By-law to authorize a release.
No. 82-191 - A By-law to all~ the maintaining and using of a building which
encroaches on John Street.'
-8-
No. 82-192 - A By-law to authorize an easenent agreement with the Niagara Parks
C~li~assion.
No. 82-193 - A By-law to authorize an agreement with Walker Brothers Quarries
Limited .and the Regional MUnicipality Of Niagara.
No. 82-194 - A By-law to authorize the execution of an agreement with United
Contracting Co. for demolition Of Oakes Park west grandstand.
No. 82-195 - A By-law to establish rental rates for City arenas.
No. 82-196 - A By-law to provide for the holding of an additional advance poll
for the 1982 municipal election.
No. 82-197 - A By-law to provide monies for general purposes.
No. 82-198 - A By-law to authorize the execution of an agreement with Stephe
and Rankin Inc. for the construction of finished roads in
Dorchester Square Subdivision and sidewalk construction in
Frontenac Woods Extension Subdivision.
No. 82-199 - A By-law to authorize the execution of an agreement with Niagara
Falls Professional Fire Fighters Local 528 of the International
Association of Fire Fighters.
No. 82-200 - A By-law to designate an ares of land in the City of Niagara Falls
as a site plan control area. (AM-9/82)
No. 82-201 - A By-law to authorize the execution of an agreement with Cavanis
Construction OaLFany Limited for the construction of a sewerr~n,
waterm~in and road construction on Bruce Avenue.
Carried with Aldermen
Cunmings, Baker and
Puttick abstaining on
By-law 82-197, and all
others voting in
favour.
ORDERED on the motion of Alderman Fera, seconded by Alderman Kerrio that the
following by-laws be now read a second and third t/me:
No. 82-189 - A By-law to amend By-law No. 79-200, as amended. (kM-9/82)
No. 82-190 - A By-law to authorize a release.
No. 82-191 - A By-law to allow tha main~{ning and usirg of a building which
encroaches cm John Street.
No. 82-192 - A By-law to authorize an easenent agreement with the-Niagara Parks
C~ssion.
No. 82-193 - A By-law to authorize an agreement with Walker Brothers Quarries-
Limited and the Regional Municipality of Niagara.
No. 82-194 - A By-law to authorize the execution of an agreement with United
Contracting Co. for demolition of Oakes Park west grandstand.
No. 82-195 - A By-law to establish rental rates for City arenas,
No. 82-196 - A By-law to provide for the holdir~ of an additional advance poll
for the 1982 municipal election.
No. 82-197 - A By-law to provide monies for general pu&~oses.
No. 82-198 - A By-law to authorize the execution of an agreement with Steinhans
and Pankin Inc. for the co~struction of finished roads in
Dorchester Square Subdivision and sidewalk coru~ruction in
BYontenac Woods Extension Subdivision. --
82-199 - A By-law to authorize the execution of an agreement Wi~h Niagara
Falls Professic~al Fire Fighters Local 528 of the Internatic~al
ASsociation of Fire Fighters.
-9-
NO. 82-200 - A By-law to designate an area of land in the City of Niagara Falls
as a site plan control area. (AM-9/82)
No. 82-201 - A By-law to authorize the execution of an agreement with Cavanis
Construction Company Limited for the construction of a sewermain,
watermain and road construction on Bruce Avenue.
Carried with Alderman
Cunmings, Baker and
Puttick abstaining on
By-law 82-197, and all
others VOting in
favour.
NEW BUSINESS
It was moved by Alderman Sc~erville, seconded by Alderman Baker, that a
massage of condoleace be sent to the family of the late Raymond Keith Schneider,
son of Mr. & Mrs. Ray Schneider. Carried Unanimously.
PAYM~q~ OF BUSINESS TAX
Alderman Puttick advised that he had received information frc~ a delegate
at the A.M.O. conference concerning a system of requiring business tax to be
paid before the annual licence will be issued. It was moved by Alderman
Puttick, seconded by Alderman Merrett that the matter be referred to staff for
the preparation of a report to be considered in C~ma ttee of the Whole.
Carried Unanimously
PAILWAY CROSSINC~ ON MCLEOD ROAD
Aiderman Merrett advised that when the new McLeod Road Underpass was
constructed, the two railway crossings on the old section of McLeod Road ware
closed by order of the Railway Transport Conmittee. The residents and
businesses in the area have requested the Cu~,Lattee to re-open the crossings and
erect the necesssary protective devices at these crossings. It was moved by
Alderman Merrett, seconded by Alderman Kerrio, that the Regional MUnicipality of
Niagara and the Railway Transport Conmittee be advised that City Council
supports the request of businesses in the ares with respect to the re-opening of
railway crossings on the old section of McLeod Road. Carried Unanimously.
STROll' NAME - OLD MCLEOD ROAD
It was moved by Alderman Merrett, seconded by Ald~ Somerville, that
staff be directed to meet with Regional Officials to indicate that Council is in
faycur of reea~ending the naming of the new leg of McLeod Road as "New
M~;eod Road" and. the original section extending westerly from Portage Road past
Stanley Avenue remain as "McLeod Road". Carried Unanimously.
PARKS & EREATION CONFEKENCE
Alderman Schisler advised that he would be presenting a report on the
proceedings of the Parks & Recreation Conference held recently in Saskatoon.
GORDON SINGLETON
Mayor Thcmson advised that Gordon Singleton will be returning to the City
on September 4th at 7:00 p.m., and that it had been suggested that the c~,,~'unity
officially welccme him beck later in the week. It was moved by Alderman
Merrett, seconded by Alderman Kerrio that CoUncil congratulate Gord Singleton
on his efforts. Carried Unanimously.
It ~as moved by Alderman Merret~&-¢T~ed by Alderman Kerrio, that the
meeting adjourn to C~,~attee of ~' ' 'r~ied Unan/mouely.
- 10 -
C(ZMMi'I'r~:~: OF THE W~OLE
Cc~mittee Rc~ra #1
August 30, 1982
Council met on Monday, August 30, 1982, follc~ing the regular meeting, in
Cc~mnittee of the Whole. All nmmbers of Council were present with the exception
of Aldermen Chee~an and Dilts. Alderman Fera presided as Chairman.
Following consideration of the i resented, the Cxmmittee of the ~hole
arose without reporting.
MAYOR NAYNE ~N
Council Chambers
August 30, 1982
Council reconvened in formal session ca ~onday, August 30, 1982, following
a meeting in C~tt~.{ttee of the ~hole. All m~nbers of Council were present with
the exception of Aldermen Cheesman and Dilts. His Worship, Mayor Thcmson
presided as Chairman.
The mesti~ adjoun~d.
TWENTY-EIGHTH b~FfTING
Committee Room#1
September 13, 1982
COMv!ITTEEOFTHEWHOLE
Council met on M~nday, September 13, 1982 at 6:45 p.m., in Ccmnittee of the
Whole. All members of Council were present with the exception of Aldermen Fera
and Kerrio. Alderman Janvary presided as Chairman.
Following consideration of the itens presented, the Cc~mlittee of the Whole
arose without reporting. ~ ~ &aa a ..
CouncilChambers
September 13, 1982
Council met on Monday, Septenber 13, 1982 at 7:30 p.m., for the purpose of
considering general business. All members of Council were present with the
exce~tionofAldermenFeraand Kerrio. His Worship, Mayor Thomsonpresidedas
Chairman. Alderman Janvary offered the Opening Prayer.
ADOPTION OF MINUTES
The minutes of the meeting of August 30, 1982 were corrected to indicate
Alderman Merrett as the mover of the motion to include a guestion respecting
nuclear disamuan~nt on the municipal election ballot in November, and that
Alderram1 Baker be shown as voting contrary to the motion.
ORDERED on the motion Of Alderman Cummings, seconded by Alderman Janvary, that
the minutes of the meeting held on August 30, 1982, be adopted as corrected.
Carried Unanimously.
PRESENTATIONS
REPIPal~lqT ~ATCH - MR. I. MOIS~'F
His Worship, Mayor Th~nson presented a retirement ~atch to Mr. I. Moiseff
who retired on August 31, 1982, after sixteen and a half years of service with
the city.
25-YEAR PLAQUE - MR. F. PIWrFANGELO
His Worship, Mayor Themson presented a 25-Year Plague to Mr. F. Pietrangelo
in recognition of twenty-five years of service with the Municipality.
YOUNG'S G~AVES LIFE & MLOYEE BELTS INSURANCE AG~X~3Y INC. - EMPLOYEE
Communication No. 296 - Young's Graves Life & Employee Benefits Insurance Agenc~
Inc. - Re~ Employee Benefits. The cu~tunicatlon provides a breakdown of the
r'~'vrsed premiun rates for the provision of group life and extended health care
benefits.
AND
~ Cc~lmmication No. 297 - Manu-Life Insurance C~,~any - Re~ ~131oyee Benefits.
] The communication requests an ~uortunity to shop the market place and obtain
· ~Petitive quotes for group benefits provided to City ~tFloyees.
-2-
Mr. B. Mennie of Young' s Graves Life & Employee Benefits Insurance Agency
was granted permission to address Council cn the motion of Alderman Cumlings,
seconded by Alderman Baker. Mr. Menhie advised that as a result of further
negotiations with Confederation Life, the o3~any agreed to change the effective
date for new group benefit rates from July 1, 1982 to Septenber 1, 1982. This
would result in a savings in 1982 of approximately $9,000. Mr. Menhie stated
that his firm was aware of market conditions for health insurance, and found
that all major cu,panies ~ere increasing rates to offset costs in the health
field. Mr. D. Richardson, President of the firm, reviewed with Council the
contents of the report prepared which Outlined the rates involved for the
various group benefits. Additional information was provided in response to a
nunker of questions raised.
With respect to the request by Manu-Life, ~ayor Thorson read a m~D frcm
the Personnel Department indicating that when Young's Graves had conducted a
marketing survey on the City' s behalf in 1981, Manu-Life was one of twenty-three
firms that had declined to sutmit a quote. Reference was also made to the
City' s present experience rating with Confederation Life, end the fact that in
switching to a new carrier, the City would be faced with certain initial
start-up costs in establishing a ne~ experience rating.
Following further consideration, it was moved by Aiderman Puttick, seconded
by, Alderman Cheesnan, that the report submitted by Young' s Graves Life end
Employee Benefits Insurance Agency Inc., be accepted as of September 1, 1982
with the appropriate changes in the agreement to reflect the $9,000 reduction
Outlined by the City' s ~x3ent of Record, Mr. B. Mennie. The motion Carried with
Alde/1Pan CluL,Langs voting contrary, end all Others voting in fayour.
It was then moved by Alderman Merrett, seconded by Alderman Chees~an, that
the information prepared by the Personnel Department be forwarded to Manu-Life
for information. The motion Carried with Alderman Cunrdngs vot/rg contrary, and
all others voting in favour.
DEFJ]RTIONS
KINSM~q CLUB - CIRCLE FOR LIE MARATalN RIDE FOR CYSTIC FIBROSIS
Ca,,,unication No. 298 - Mr. D. Cheel, Kinsmen Club - Re: Circle for Life
Marathon Ride for Cystic Fibrosis. The cumunication requests permission to
address Council concerning the proposed "Circle for Life Marathon Ride" .for
Cystic Fibrosis. ~
Cu~.~unication No. 299 -Mr. C. Hurley, Kinsmen Club- Re.. Banner. The
c~.~unicetion requests the City's permissicn to erect a banner on Clifton Rill
fr~n the light standard in front of Ripley's Muse~n to the roof top of the
Rilltop Motor Inn.
Mr. D. Cheel of the Kinsmen Club was ~L~nted permission to eddrees Council
on the motion of Alderman Cumnings, seconded by Alderman Scmerville. Mr. Cheel
advised that the purpose of the Circle for Life Marathon Ride was to raise funds
for research and treatment of Cystic Fibroeis. The Club had approached Maple
Leaf Village end asked for use of the giant ferris wheel for a forty-eight hour
period. Metalbets of the Club will be riding the wheel during this period.
Mr. Cheel Outlined the celebrities end invited guests who will be participating
in the event. At the ccmclusion of his re,i-arks, Mr. Cheel asked that Council
proclaim the weekend of Soptenter 17 - 19, 1982 as "Cystic Fibrosis Weekend" in
Niagara Falls to draw attention to the event and the need to raise funds to
cc[ntet Cystic Fibroeis. In addition, Mr. Cheel challenged. the Council to raise
$1,000 ~through pledges in the cuL,,unity.
Mayor Thomson congratulated the i,~a3ers of the Club involved in planning of
the event to raise funds for such a worthwhile cause.
It was moved'by Alderman Orr, seconded by Alderman Cummings, that the
weekend of September 17 - 19, 1982, ha proclaimed as "Cyatic Fibfoals Weekend",
subject to established ~olicy. Carried Unanimously.
It was then moved by Alderman Cheesman, seconded by Alderran Merrett, ~hat
the request for erection of the banner on Clifton HilX, be approved .subject to
all other necessary a~rovals ~ obtained. Carried Unanimously.
3
A number of items were brought forward for consideration at this time.
Repert No. 566 - Chief Administrative Officer - Re: Encroachment - 4400 Queen
· Street. The report re~ds approval of an application for the passage of a
by-law to permit an encroachment on the road allowance at 4400 Queen Street
subject to the usual encroachment agreement.
ORDERED On the motion Of Alderman Orr, seconded by Alderman Merrett, that the
/, re~ort be received end adopted. Carried Unanimously.
See By-law 82-206
' C~a~unication No. 300 - Niagara Peninsula Branch of Ontario Sensalogical Society
! - Re.' Vendalim of Drtmrond Hill Cemetery. The oc~,~unicetion requests: That
the cemetery be designated as a "War Graves Cenetery"; that stones be put either
upright or laid trpw-ard, as the case may be; that a fence be erected on the side
I facing Lundy's Lane enclosing the cemetery and have the cemetery locked at
. night; end that an effort be made to obtain funds to restore the earlier stones,
~ similar to the repair work done at the pioneer "Warner Cemetery" recently.
Mayor Thompson advised that he had received information frc~ the Niagara
! Parks C~a~a~ssion, whose responsibility the cemetery is, indicating that a recent
' inspection had been made of the ceraetery at which time the grounds were found to
~ be neat and tidy. In addition to having a full-tLme permanent employee at the
{ cemetery frcm April to October, the Niagara Parks Police along with management
, personnel, visit the location on a regular basis. The Mayor further advised
that all Of the very old historical monunents that bad been broken off over the
, years have been placed on the graves, lettering side trp and flush with the turf.
Although a number of m0n~nents ware recently toppled, they will be pat hack up
! by C~,~a ssion masons in October as part of the C~l,lH ssion's on-going maintenance
I program..Mayor Thcmson stated that according to the C~l,~ssion, consideration
is being given to providing additional fencing to improve the overall control of
~' [M~ple traffic in the area. The Mayor suggested that representatives of the
· local Branch of the Ontario Gensalogicel Society contact the General Manager of
the Cu~,,a ssion who would be happy to arrange to have them appear as a delegation
· at a Cc[~mission meeting and deal directly with the mattar.
Following further ccrment, it was moved by Alderman Orr, seconded by
Alderman Cheesman, that the cu~,~unicetion be received and filed. Carried
Unm%imously.
' Report No. 567 - Chief Administrative Officer - Re.' Disarmament Referend~n.
~Tne report advises of a by-law prepared to authorize the sukmitting to the vote
· of the electors a municipal question, if Council determines that it wishes to
place the matter of world disarmament as a ballot for the November 8th, 1982
· Cc~unication No. 301 - Association of the Orgenization of Fast-Central European_
~ Nations - Re.- Removal of Referendun for Disarmament. The cul,lunication requests
) ~"F'~e question of disarmament not be placed on the Novenber ballot.
~ Mr. A. Koss~wSki indicated that the Association represented individuals
· living in the Niagara Region, many of whcm were refugees of the war in Germany
!and later of ca~ps in the Soviet Union. Mr. Kossowski indicated that it was the
Position of the Association that such a move would be misconstrued by the Soviet
Block, and would not lead to the likelihood of nuclear diet. Since there
are no oF~ortunities for the public to voice its opinion on policies of the
gove/lmmnt in the SOviet Block, those who do so ere arrested and silenced.
Mr. Kossowski stated that the o~plex matter of dis~ fell within the
· cu~[mtence of the Federal GOvernment end was not the proper subject for
~ discussion and decision making at the ~unicipal level. It was suggested that
~ the more appropriate channel to express this opinion, was by petitioning the
i.i federal Me~s of Parliament or Cabinet Minister. In conclusion,
'] ~. Kossowski hoped that Oouncil after bearing the erg~nents contained in the
: submission, would reconsider its decision on the proposed referera]tin and avoid
the Possibility of alcng and costly litigation. Mr. Kossowski provided
in response to a number of questicns raised.
4
Mayor Thomson stated that at no time during its previous dealings cn the
matter, did Council have the benefit of the information cutlined in the brief.
The Mayor suggested that the decision made by Council with respect to the ballot
on nuclear disarmament could have been different if the information had ~
available to Council previously. In response to a question raised, Mayor
q'nc~nson advised that he had spoken to Mr. N. Mazes Of the Association, who had
clearly indicated that the Association was Willing to challenge the matter in
the courts if necessary.
Mr. J. Hueglin was granted permission to address Council on the motion of
Alderman CLmmLings, seconded by Alderman Baker. Mr. Hueglin expressed concern
over how a Canadian referendun on nuclear disarmament would be used as
propaganda by the Soviet press and television agencies, cc~menting that their
interpretation would not bear any relevance to the intent of the referend~n.
Mr. Hueglin suggested that if a referendum was to be held, that the public be
given a choice betwean t~o alternatives.' 1) "I support nuclear disattainment on
the basis of a shered equal disarmament under rigid controls." or 2) "I support
unilateral nuclear disarramnent by the Western Alliance." In this way, the
public would have a clear choice as opposed to a motherhoed issue. Mr.
Kossowski indicated that the suggestion made by Mr. Fueglin was an improve~Bnt
over the present wording proposed.
During the discussion on this matter, at which t/me several members
expressed their views on the purpose and possible results of the referendum, it
was suggested that the matter be tabled end a c~L~rcmise,wording prepared that
would satisfy the concerns of both sides.
In response to a question raised, the City Solicitor stated that the
Attorney General did not feel a referendun on nuclear disarmament was not a
proper question, however it was doubtful whether a court ~ould set aside an
election on the basis of the question. This was the rsasc~ the question should
be placed on a separate hallot.
Following further OCaLmLent, it waS moved by Aldernknn Janvary, seconded by
Alderman Merrett, that the matter be deferred for one week to determine if there
is suitable wording that can be devised to satisfy both groups and continue With
the matter oa the ballot. The motion Carried With the following vote:
AYE: Aldermen Cheesman, Dilts, Janvary, Merrett, Orr and Mayor Thomson.
NAYE.' Aldermen Cunmlings, Baker, Puttick, Sohisler and Senerville.
Report No. 568 - Chief Administrative Officer - Re'. Objections and Sup[ort for
Zoning Amendment By-law 82-160, former Township of Willoughby. ~ The report
rec~l,~ends that the letters objecting to, and letters and petition in support of
By-law 82-160 be fozwarded to the Ontario Municipal Board With the request fcer a
hearing.
In response to a question raised by Alderman Puttick, the City Solicitor
advised that the effect of the zeling by-law is not retroactive. A persc~ who
had se~hlished a legal n0n-cce~forming use prior to its tBssage would not be
covered. With respect to the statement by Mr. J. Michael concerning the City's
involvement in the location of a site for his nxYcorcycle racetrack, the City
Solicitor stated that the former City Solicitor, Mr. H.R. Young, did not have a.
meeting With Mr. Michael at any time and references to being advised that he
could proceed would be referrable to advising that the racetrack was a permitted
use.
ORDERED on the K~ion of Alderram1 Cunmings, secexled by Alderman Somerville,
that the report be received and adu~Led. The ,,~ice~ Carried With Alderman
Puttick voting contrary, and all others voting in fayour,
CC~T4UNICATIONS
No. 302 - Council of Regents for Collegas of Applied Arts & Technology - Re, Ap-
pointment to Board Of Governors of Niagara College. The ~,,~ulicatio~ advises
that the term of ~ity's present representative cn the Board of Governors,
Mr. W. Stanyer, will expire On December 31, 1982, that he is eligible for
re-appoin~rent to the Board, and e~lains the procedure involved for bD~h a
re-appointment of Mr. Stanyer, or the a~1:ointme~t of another individual.
ORDERED On the motiOn of Alderman Dilts, seconded by Alderman Cunmings, that the
matter be deferred to determine if Mr. 8tanyer Wishes to serve a further teFm,
and also that the names of other interested individuals be supplied at that
-5-
No. 303 - Regional Municipality of Niagara - Re: Pedestrian Crossing, Lions Club
Swimming Pool, Drlmmx)nd Road. The cQl.~nication advises that after an
evaluation of the vehicle/pedestrian situation on DrL~mDnd Road in the vicinity
of the Lions Club Swinging Pool under the sunmBr traffic volLme conditions, it
has been determined that there are sufficient intervals to satisfy pedestrian
crossing needs and that no special pedestrian problems requiring corrective
action were observed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the
ccnmunication be received and filed. Carried Unaninnusly.
No. 304 - Regional Municipality of Niagara - Re: Sand and Gravel Production in
Niagara. The cu~.Lunication provides information on sand and gavel production
in Niagara, its distribution throughout the Region, and estimated licensed
reserves available to satisfy Niagara's future needs.
ORDERED on the motion of Aldernkln Cunmd_ngs, seconded by Alderman Somerville,
that the cc~,~unication be received and filed. Carried Unaninously.
No. 305 - Regional Municipality of Niagara - Re: Sewage and Water Flows by
Municipality - July/82. The oa~lunication provides a cc~[klrison of water and
sewage flows by municipality for the month of July, 1982.
ORD~]{ED On the motion Of Alderman Orr, seconded by Alderman Cunmings, that the
culxLunication be received and filed. Carried Unanimously.
No. 306 - Regional Municipality of Niagara - Re: Retention of Consultants
Develul~lent Of a Waste Managenent Master Plan for the Niagara Region. The
ca~xl.,nicetion advises that the Region has accepted the proposal Of GOre &
Storrie Limited in association with Woods Gordon and Morrison Beatty Limited for
the provision of services for the developnent of a solid waste management master
plan for the Region, at a basic bid of $108,000 - total project cost of
$130,000.
ORDERED on the motion of Alderman Cheesman, ended by Alderman Merrett, that
the c~l,Lunication. be received and filed. Carried Unanimously.
No. 307 - Regional Municipality of Niagara - Re: Annual Regional Roads Update.
The ccmmmlnicatiou provides a general overview of procedures followed in
reviewing and updating the regional road system, and that the Regional Public
Works & Utilities Oa~,~dttse Will be discussing a policy for road maintenance
prior to reversion of regional roads beck to the jurisdiction of an area
mmicipality.
ORDERED on the motion Of Alderman CunmLings, seconded by Alderman Dilts, that the
cumunication be referred to the Municipal Works C~l.]ttee for consideration.
Carried Unanimously.
No. 308 - Regional Municipality of Niagara - Re: Connections to Regional
Waterneins. The cu,,~unication advises of the passage of a by-law to establish
and fix the charges for connections to Regional watermains, and further advises
that the charge shall apply to all such connections made after the date of
passage of the by-law.
ORDERED On the motio~ Of Alderman Ctmmdngs, seconded by Alderman Baker, that. the
c~mmuLication be received and filed. Carried Unanimously.
No. 309 - Foundation for Aggregate Studies - Re.' Ten Point Mineral Aggregate
POlicy for Official Plans. The cu,,,unication urges the City to protest the
btineral Aggregate Policy for Official Plans of the Ministry of Natural
Resources.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the
cumunication be referred to staff for c~,~en~ With .respect to the validity of
the report. Carried Unanimously.
N0. 310 - Chamber of C~,~erce - Re.' Noise By-law. The cfmmunication OUtlines
variOUs rec~,,endations With respect to the proposed Provincial noise oontrol
by-law, and urges that concerns about enviror~nental noise pollution be
controlled through other means. .
ORDERED on the motiOn of Alderman Orr, seconded by Alderman Janvary, that the
c~niuation be referred to the Municipal Works Cc~ittes for consideration.
Carried Unanimously.
No. 311 - Mr. & Mrs. J. Crier - Re'. Pedestrian Crossing - Lundy's Lane. The
cxmmunicatio~ requests the ~stallatiou of a Eedestrian crossing on Lundy's Lane
at
the Fink~w Piaza.
ORDERED on the motiOn of Alderman Orr, seconded by Alderman Merrett, that the
c~mmunioatiOn be referred to the Municipal Traffic a Parking Ccemittee for
c~nsidaration. Carried Unanimously.
-6-
No. 312 - United Way of Niagara Falls - Re: Special Occasion Permit. The
cu~,~unication requests [ermission to c~erate a beer tent in conjunction with a
slopitch tournament to be held at the Niagara Sports Centre on Septenber 19,
1982 in conjunction with the United Way fund raising campaign.
ORDERED on the motion of Alderman Cu~nings, seconded by Alderman Dilts, that the
request be approved subject to established policy. Carried Unanimously.
No. 313 - Town of Pelham - Re.. Salary and Wage Restraints. The ca~/~unication
requests endorsation of a resolution calling for the Region and Are
Municipalities to join in a general program of restraint and limit all 1983
nEulicipally controlled salaries, Wages and stipends to a maximum increase of 6%
over 1982 and in 1984, 5% over 1983.
ORDERED On the motion Of Alderman Merrett, seconded by Aldernkln Ctm~Td_ngs, that
the c~e~unication be referred to the Finance C~attee for consideration.
Carried Unanimously.
No. 314 - Willoughby Historical Society - Re: Grant Application. The
c~a~unication requests a grant to assist in the cost of publish/ng the 1983
Willoughby Historical Calendar.
ORDERED on the motion of Ald~ Chee~Pan, seconded by Alderman ~gs, that
the cul,~unication be referred to the Finance C~,~attee for consideration.
Carried Unanimously.
No. 315 - Mr. A.A. MacBain - Re: Autc~rbile Trade. The cu,i~unication provides
information on cc~ments made by the Minister of State for Trade in response to
concerns raised by the City of Niagara Palls regarding aut~F~obile trade.
ORDERED on the motion of Alderman Cu~nings, seconded by Alderman Orr, that the
cuLl~unication be received and filed. Carried Unanimously.
No. 316 - Franklin Travel Service - Re.' Sunday and Holiday Openings on Quee~
Street. The cfmmunicetion expresses opposition to the proposal to ex~[L the
Downtown are frcra the provisions of the Re~ 1 Business Holidays Act.
ORDERED On the motion of Alderman CuEgs, seconded by Alderman Janvary, that
the cu,.~unication be referred to the Regional Municipality Of Niagara for
consideration in conjunction with the request for ex~ion for the Downtown
area. Carried Unanimously.
No. 317 - Niagara Peninsula COnservation Authority - Re: Authority and Council
Tour, Sunday Saptenber 19, 1982. The c<~,~unieation extends an invitation to the
members of COuncil and senior staff to attend the Authority and Council Tour to
be held on September 19, 1982.
ORDERED on the motion of Alderman Cu~ings, secelded by Alderma~ Merrett, that
the cu~mLunication be received and filed. Carried Unanimously.
No. 318 - Greater Niagara Basebell Associatioa - Re.' All-Canada Baseball
Banquet. The cka,,,unieation expresses appreciation to the City for its donatic~
to the Association to host the tournament, and appreciation to the Fire
Departmemt for its quick response to a suspected heart attack victim during the
tournament.
ORDERED on the m3tion of Alderman Merrett, seconded by Alderman Baker, that a
letter of c~endation be sent to the Fire Department and Parks Department staff
involved. Carried Unanimously. '
No. 319 - Hiracle Food Mart - Re~ Exe~otion ~mder Retail Business Holidays ACt.
The cu~,~unication requests an ex~ion fr~n the provisiels of the Retail
Business Holidays Act in order to remain open o~ Sundays and Statutory holidays.
ORDERED on the mDtion of Alderm~n Puttick, seconded by Aldexman Sehisler~ that
the request be approved for statutory holidays c~ly on the understandingI that if
a statutory holiday falls on a Sunday, the business must retain closed. Carried
Unanimously.
AND
Report No. 569 - Chief Administrative Officer - Re: Exemptions frcm Sunday end
Holiday Store CloSings. The report rec</~ends that Oouncil determine whether or
not it wishes a large food chain store on Queen Street to remain open c~ Sundays
and Holidays and one in Niagara Square Plaza to retain opel el Victoria Dey,
In re,~nse to a questi~l raised by Alderman Janvary, FaVor Thc~soe~
requested for t~e Downtown arM.
-7-
]ORDERED on the motion of Alderman Merrett, seconded by Alderman Scmerville,
~that the Niagara Square Plaza food chain store be permitted to renain open on ~
i ictoria Day, Dcmninion Day and Labour Day only. Carried Unanimously.
REPORTS
~o. 570 - Chief Administrative Officer - Re: Membership of Group Homes Input
~mittee. The report recc~eends that COuncil approve the proposed mambership
Df the Group HerBs Local Input Co~nittee preparatory to an inaugural meeting
~ing held to brief members and set up Terms of Reference: Mr. Ted Clarke,
2onstable Dennis Bray, Mrs. Lois Patrick, Mrs. Anna COrfield, Mrs. Anne Sacbar
Alternate Mr. Dennis Savriga), plus one "Member at Large" yet to be named.
RDERED On the motion of Alderman Baker, seconded by Alderman Schisler, that the
eport be received and adopted. Carried Unani~Dusly.
qo. 571 - Chief Administrative Officer - Re: Extensions of DraFt Approval of
~ubdivisions ~bunt Forest II (26T-74151) and Bright's Subdivision (26T-76060).
Fne report recc~3~s (A) That COuncil support oaly a one year extension to the
t~aft plan 26T-74151 Mount Forest II; the Ministry of Municipal Affairs and
~0using be notified accordingly; and after one year, the plan should lapse with
'/le Ministry and be re-suk~itted with the Region; (B) That Council support a
)ne year extension to the draft plan 26T-76060 Bright' s Subdivision, be
F0~arded to the Ministry of Municipal Affairs & Housing; and that the owner
xmmence to review the design of the Draft Plan with City staff within the one
)RDERED On the motion Of Alderman Cheesman, seconded by Alderman Merrett, that
~e report be received and adopted. Carried Unanimously.
'~3. 573 - Chief Administrative Officer - Re: LOt 31, Plan 243, Palls Industrial
~rk Sale frcm Paul O'Brien to Alcette COsmetics of Canada Inc. The report
recommends approval Of the sale of LOt 31, Plan 243 from Paul O'Brien to Alcette
b~etics of Canada Inc. and that the City Solicitor be authorized to prepare a
~y-law and agreement for the next regular n~eting of Council.
)RDERED on the motion of Alderman Schisler, seconded by Alderman Cunnings, that
the report be received and adopted. Carried Unanimously.
~0. 574 - Chief Administrative Officer - Re.. COntract S.S. 18-82, Sanitary Sewer
installation ce~ Second Avenue, Fourth Avenue, Fifth Avenue, Sixth Avenue and
jepson Street under the C~,unity Services Contribution Program in the Maple
Area. The report reoa~,~nds acceptance of the low tender sut~mitted by Ernie
& SOn Limited for the subject contract.
on the motion of Alderman C~l~ngs, seconded by Alderman Janvary, that
~e report be received and adopted. Carried Unanin~usly.
~o. 575 - Chief Administrative Officer - Re.' Co-Operative Tender Scdiun Chloride
Salt). The report recu~ends acceptance of the lew tender suhnitted by
'.r0quois Salt Preducta Limited for the supply of bulk sodjam chloride.
RDERED On the motion Of Alderman Curegs, seconded by Alderman Janvary, that
· ~e report be received and adopted. Carried Unanimously.
. 576 - Chief Administrative Officer - Re: Municipal Accounts. The report
payment of the municipal accounts.
Additional information ~ provided on Cheques #12005, #12008, #/20013,
12021, and #12073 in response to questions raised by Aldermen Cummings, Orr and
~uttick.
RDERED on the motion of Alderman ~gs, seconded by Alderman Marrett, that
he report be rec~ivad and adopted. Carried Unanimously.
~. 577 - Finance C~,~ttee - Re: City Fleet. The report recc~mends that
0uncil authorize the attendance of the City Float at the Grape & Wine Festival
~ St. Catharines and the Octoberlest in Kitchaner at a total cost not to exceed
.~500e
Alderman Cummings indicated that while be Was agreeable to having the float
~rtieipate in these two parades, ha felt every effort should be made to have
~e float operated by groups such as the Niagara Prcmotion Association or the
~mrt be received and adopted. T~a motion Carried with Aldermen Dilts and
~nvary voting contrary, and all others voting~vour.
-8-
No. 578 - Finance Cc~ttee - Re: Finance Cul,,~ttee Meeting Reports - Niagara
Festivals, Statement of Receipts end Expenditures, Tax Status Report. The
report recur,tends: 1) That Council accede to the request of Niagara Festivals
for finencial assistance and approve a grent in the amount of up to $200 in
connection with the inaugural ~eetir~ of the Canadian Asscoiatic~l of Festivals &
Events scheduled for SelYcember lOth to 12th inclusive; 2) That the Statement of
Receipts and Expenditures to August 1, 1982, be received for informatinn and
filed; end 3) That the Tax Status Report dated August 12, 1982 be received end
filed.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the
report be received and. adopted. Carried Unanimously.
No. 579 - Finance Cfa,,u~ttee - Re: Position Of Prc~ons end Facilities
Coordinator. The report recc~mP_nds: 1) That Mr. Iavelle be requested to
continue his employmant with the City of Niagara Falls cn a week-to-week basis
in order to permit the co~oletion of those events he is currently arrenging (as
Of September 13, 1982); end 2) That the Finance Cu~l~ttee Ln~dertake for the
consideration of Council, a cc~prehensive study regarding the future disposition
of the duties which are presently the responsibility of the Prc~otions end
Facilities CoOrdinator including such alternative as the trensfer of such
responsibilities to en existing position or the creation of a new position.
Alderman Chessnan indicated that the report was en atte~[L to ensure that
activities planned by Mr. Lavelle prior to his resignation, were brought to
cuLt~letion. Upc~ further consideration by Council, it was felt that the Chief
Administrative Officer along with Mr. Lavelle and Ms. Buller, should oo-ordinate
the final details of events under way to att~L[L to bring them to a satisfactory
conclusion. In the meantime, the Finance Cu,,~attee would study the future
operation of a "Pr(motions" function in the City. Alderman Merrett pointed Out
that Mr. Lavelle had submitted his resignation, and that had to be accepted.
Alderman Ctmm%ings expressed concern OVer the possible loss of continuity in
sQ~e of the events lined ~p, by ~. Iavelle. Mayor Thc~son stated that the
Administrator would meet with the Arena staff resZ~znsible for that department,
along with Mr. Lavelle, to see how they can co-ordinate a snooth transition so
that events will carry on.
FollowS_rig further c~e~ent, it was moved by Alderman Cheese. an, seconded by
Alderman Merrett, that the report be deleted, that the Chief Administrative
Officer nBet with Mr. R. Lavelle and Ma. C. Buller to co-ordinate final details
of events presently under way and atte~ to bring them to a satisfactory
c~nclusion and further that the Finance C~a~attee ~mdertake, for the
consideration of Council, a oaL[fehensive study regarding the future disposition
of the duties which ere presently the responsibilities of the Prcmotions &
Facilities Coordinator, including such alternatives as the transfer of such
responsibilities to an existing position or the creation of a new position.
The motion Carried with Alderman Cmmings voting c(mtrary, and all others voting
in fayour.
No. 580 - Chief Administrative Officer - Re: Buildings & Inspections Department
Report for August, 1982., The report provides current news relative to permit
statistics, develoEment proposals and any other rrfceworthy data that has emerged
during the period covered by the report.
ORDERED on the motion of Alderman Cunlaings, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
No. 581 - Chief Administrative Officer - Re= Site Plan Approval for Proposed
Tivoli Motel (96 Units) 6519 Stanley Avenue. The report reo~,~ends approval of
the subject site plan subject to certain conditions.
ORDERED on the ~Dtion Of Alderram Baker, seconded by Alderman Di!ts, that the
report be tabled for one week. Carried Unanimously.
No. 582 - Caief Administrative officer - Re~ site Plan Approval for Pzu~osed 49
Unit Apa~h~ent Dwelling, McLeod Road. The re~ort reoa~,,ends approval Of the
subject site plan 4ubJect to certain conditions.
ORim~ED On the motion of Alderman Orr, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 583 - Chief Administrative Officer - Re~ Sewer Permit By-law. The report--
recemmmas passage of a by-law providing f~r fees fur sewer cc~nectio~s to City
O~/~RED On the ~e3tion of Aldermmn Orr, seconded by Alderman Baker, that the
re~ort be re~eived and adopted. Carried Unanimously.
-9-
No- 584 - Chief Administrative Officer - Re: 1961 Pumper Exchange. The report
recQ~nends that Council approve the exchange of a 1961 Lafrance ptmper for
approximately $4500 ~Drth of equiEx~ent frcm Holden Fire EquiE~nent of Oshawa,
Ontario.
! 0RDERED on the motion of Alderman Cumgs, seconded by Alderman Orr, that the
~ report be received and adopted. Carried Unenimously.
No. 585 - Chief Administrative Officer - Re: Deeds for Cemetery Plots. The
rareport reoa~l~ends passage of a by-law to provide for the signture Gn the deed
. for cemetery plots of only the Clerk instead of the Mayor and Clerk.
0RDERED on the nr)tion of Alde CuT~lings, seconded by Alderman Chessman, that
.the report be received end adopted. Carried Unanimously.
No. 586 - Chief Administrative Officer - Re: Repair of Benches at Bus Stops.
The report recu~,~ends that the information contained therein respecting the
~ repair of benches at bus stops be noted, and the Niagara Falls Sisterhood and
]Hadassah be thanked for their response to the City's request.
=0RDERED on the motion of Alderman Jenvary, seconded by Alderman Baker, that the
report be received and adopted. Carried Unenimously.
<No. 587 - Alderman Puttick - Re: By-law 79-200, General Provision, Residential
!Zone. The report reds that Section 4.13, sub-section (f) be amended to
read "the height Of en accessory building of a pitched roof in a residential
zone be 15' at the peak".
~0RDERED on the nrfcion Of Alderman Puttick, seconded by Alderman Dilts, that the
!report be received and adopted. Carried Unanimously.
CO~MLEWICATION
~No. 320 - Social Planning Council - Re: Test Area for Integration of Portion of
~the Family Benefits Program. The cQl,l~nication indicates agreement with the
~principle of integration of the program, but expresses the belief that
l administration of the Program is the responsibility of the Province.
!0RDERED On the motion of Alderman Puttick, seconded by AIdeEThan Ckmmdngs, that
the c~ Of the Social Planning Council be referred to Local 523, United
i Electrical Radio and Machine Workers of America Union and the Region for
~infornetion. Carried Unanimously.
RESOLUTIONS
iN0. 89 - C~MINGS - DILTS - RESOLVED that the United Way of Niagara Falls be
granted permission to conduct a beer concession in conjunction with the Niagara
Falls Review Slo-Pitch Tournament on September 19, 1982 at the Niagara Sports
Centre on Montrose Road subject to the approval of the Niagara Regional Police,
the Niagara Falls Fire Department, the Niagara District Health Unit end the
Liquor Licensing Board of Ontario;. AND the Seal of the Corporation be hareto
affixed.
Carried Unanimously
iNo. 90 - CL~24INGS - J~VAR~ - RESOLVED that the unit prices sukmitted by Ernie
IDamore & SOn Limited, for the installation of sanitary sewers on Second Avenue,
Fourth Avenue, Fifth Avenue, Sixth Avenue end Jepson Street under the Cu~.lunity
Services Contribution Program in the Maple Area, at the tendered price of
$193,806. 55; AND the Seal of the Cozyoration be hereto affixed.
Carried Unanimously
ORDERED on the motion of Alderman Cu~nings, seconded by Alderman Merrett, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
~1~__,82-202 -
,'N0_~. 82-203 - A By-law to eraend By-law No. 73-22 being a by-law regarding
cemeteries.
~jN0 82 204
L
- A By-law to authorize the execution of an agreement with Ernie
Damore & SOn Limited for sanitary sewer installatiGns on Second
Avenue, Fourth Avenue, Fifth Avenue, Sixth Avenue and Jepson
Street.
II
- 10 -
No. 82-206 - A By-law to authorize the allc~ing of an encroachment on Queen
Street and an agreement with Lori E. D'Ascenzo with respect
thereto.
No. 82-207 - A By-law to provide monies for general purposes.
No. 82-208 - A By-law respecting sewer permits.
Carried Unanimously
ORDERED on the motion of Alderman Ctr[nings, seconded by Alderman Baker, that the
following by-laws be ncw read a second and third time:
No. 82-202 - DF.T,~.'L'.!~D
No. 82-203 - A By-law to amend By-law No. 73-22 being a by-law regarding
cemeteries.
No. 82-204 - A By-law to authorize the execution of an agreement with Ernie
Dam0re & SOn Limited for sanitary sewer installations on Second
Avenue, Fourth Avenue, Fifth Avenue, Sixth Avenue and Jepson
Street o
No. 82-205 - WITHDRAWN
No. 82-206 - A By-law to authorize the allowing of an encroachment on Queen
Street and an agreement with L0ri E. D'Ascenzo with respect
thereto.
No. 82-207 - A By-law to provide monies for general purposes.
No. 82-208 - A By-law respecting sewer permits.
MESSAGE OF CONDOT,F~CE
Carried Unanimously
It ~as moved by Alderman Ckmmings, seconded by AIdemen Merrett, that a
message of condolence be sent to the family of the late Franklin J. Miller,
former Mayor of the City of Niagara Falls, and a respected member of the
c~unity. Carried Unanimously. '
SUEBURY JUNIOR "A" HOCKEY GAMES
Alderman Cunmings advised that he had attanded the recent Sudbury Junior
"A" games and had spoken to the owner and general manager of the team who had
oamented that the Niagara Falls Memorial Arena w~s a definite asset to the
Junior "A" system. This individual had been so favourably/repressed with the
facilities and the treatment given to his team, that he had offered to do
everything possible cn the City' s behalf to ~ssiSt in having a Junior "A"-team
in Niagara Falls. . --
In response to a question raised by Alde/lran Puttick, Mayor Thcmson advised
that there ~3uld he a presentation at the next Council meetir~ cn the proposed
Downtown revitalization project by Primesite. The Mayor provided additional
infon~tion cn funding ara the cuL~onents of the project as a result of concerns
raised by Alderman Puttick.
It vas moved by Alderman Chses~en, seconded by Alderram% Baker, that the
meeting adjourn. Carried Unan/mously.
T~ENTY-NINTH MEETING
Council Chambers
September 20, 1982
SPECIAL I~3~TING
COuncil met in formal session on Monday, September 20, 1982, following a
General C~li~dttee session. All members of Council were present with the
exception Of Alderman Somerville. His Worship, Mayor Thomscn presided as
PATIFICATION OF GENERAL CC~qlTr~E DECISIONS
Report No. 588 - Chief Administrative Officer - Re: Disarmament Referendum. The
report rec~a~,~ends that Council consider the stthnissions of various group~ on the
matter and determine if it wishes to pass a by-law to place the referendum
question on the ballot for the municipal election to be held November 8, 1982.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that
Council rescind its previous decision to place the referendum question on the
ballot for the nunicipal election to be held November 8, 1982. The metion
Carried with the following vote:
AYE: Alden Cheesman, Currulings, Dilts, Fera, Baker, Janvary, Merrett, Orr,
and Schisler.
NAYE: Alden Puttick end Kerrio.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the
referendh~n question not be placed cn the ballot for the municipal electien to be
held November 8, 1982. The motion Carried with the following vote:
AYE: Aldermen Chse~an, Cunmings,'Ffi'~, Fera, Baker, Janvary, Merrett, Orr,
and Schisler.
NAYE: Aldermen Puttick and Kerrio.
Report No. 589 - Chief Administrative Officer - Re: Proposed Official Plan
Amendment and Zoning Amendment Application AM-13/82, Southland Corporation
(Canada) Ltd., SOutheast COmer Of McLeod and Drtmmond ROads. The report
recommends that the applicatiOa to permit a gas bar operation in conjunction
with a proposed retail store, be denied.
AND
Cul,cunication No. 321 - Mrs. B. Bailey - Re: AM-13/82 SOuthland Corporation
Ltd., Gas Bar Application. The c~',~alD_iOatim expresses opposition to the
subject application.
ORDERED On the nxltion of Alderman Puttick, seconded by Alderman Merrett, that
the application be approved and referred to staff for preparation of the
necessary Official Plan end Zoning By-law amendment. The motion Carried with
the following vote:
AYE: Alden Cheesman, Cummings, Dilts, Baker, Marrett, and Puttick.
~__~_~: Aldermen Fera, Janvary, Orr and Schisler.
NOTE: Aldermen Kerrio declared a conflict of interest and abstained frcm
voting on this matter.
Report No. 590 - Chief Administrative Officer - Re: Site Plan Approval (Revised)
Proposed Tivoli Mo~el (95 Units), 6519 Stanley Avenue. The report recc~ends
approval of the subject site plan subject to certain conditions.
ORDERED on the motien of Alderman Merrett, seconded by Alderman Fera, that the
report he received and adopted. Carried Unanimously.
Report No. 591 - Mayor Thcrson - Re: Downtown Revitalization Project. The
repDrt provides information on the status of the Downtown Revitalization
project, and recu,,~ends that Mr. Lcu Zalkind of Scott, Zalkind & Partners
Limited be engaged as a consultant to the City to review the developer's land
ownership concepts to arrive at an arrangement which is acceptable to the City
and the Province, to prepare all the evaluations and proforma cash fl(~qs
necessary to d~a~strate the viability of the project, and to review the
financial material with the Provinc~ preparatory to preparing the City' s
official application to the Province for funding~ at a cost not to exceed
$20,000 with Mid costs to be assuned by the developer.
ORDMRED on the motion of Alderman Chsesman, seconded by Alderman Cumnings, that
the conclusions end recua,;endations oDntained in the report be adopted. The
m3tion Carried with Alderman Puttick voting cceltrary, and all others votir~ in
faycur.
-2-
Cu.~mication No. 322 - Niagara Falls SloPitch Association - Re: Special
Occasion Permit. The oa,.tunication requests approval Of a special occasion
permit in conjunction with a slopitch tournament to be held on September 23,
24, 25 and 26, 1982 at the Niagara Sports Centre.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
the request be approved subject to established policy. Carried Unanimously.
See Resolution #91
Cu,a,unication No. 323 - Niagara Square - Re: Permission to Land Helicopter. The
cumunication requests permission to land a helicolYcer on Niagara Square
property on Saturday, Novenber 13, 1982 at 11:45 a.m. for the arrival Of "Santa
Claus" .
ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the
request be approved. Carried Unanimously.
Report No. 592 - Chief Administrative Officer - Re: COntract R.C. 2182, Base
Road COustructicn in Moretta Estates Sukdivision, Phase I. The report recu,,~ends
acceptance of the unit prices submitted by the lcw tendarer, Steed & Evans for
the subject contract.
ORDERED On the motion of Alderman Fera, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See Resolutin #92
See By-law 82-209
Report No. 593 - Chief Administrative Officer - Re: EquiE~nent Auction. The
report recctt,t~rxda that the various pieces of equiFment an outlined in the report
be auctioned off through the Regional Municipality Of Niagara's auction sale to
be held c~ October 16, 1982.
ORDERED On the motion Of Alderman Baker, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
Report No. 594 - Chief Administrative Officer - Re: COntract R.C. 20-82,
~d Perk Village Phase I Subdivisic~ & Monroe Subdivision Extensiou Base
Asphalt - Delay of COntract Award. The report advises that the subject contract
cannot be awarded at this time, since the app~-opriate monies have not been
deposited by the respective developers.
ORDERED On the motion of Alderman Cun~gs, seconded by Alderman Baker, that the
report be received and filed. Carried Unanimously.
C(mmttnication No. 324 - Oak~ocd Perk Lodge - Re: Transit Service. The
ca,.,~nication requests the assistance of the City in obtaining transit service
to the Oakwood Perk Lodge for the use of residents, ~t~loyees and visitors.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cunmings, that
the oat,,unictical be referred to the Transit C~,,tHssion for consideration.
Carried Unanimously.
Oamunicetion No. 325 - Reinb(~'s End Toastmistress Club - Re: "International
Toastmistress Month". The cu~.~unication requests that the month of October be
proclaimed as "International TOastmistress MOnth".
ORDERED c~ the moti(m of Alderman Cunmings, seconded by Alderm~n Baker, that the
request be approved subject to established policy. Carried Unanimously.
RESOLUTIONS
No. 91 - CUMvINGB - CPm~-~N - RESOLVED that the Niagara Falls SloPitch
Association be granted permission to conduct a ~eer toecession in conjunction
with their City-Wide SloPitch Tournament on September 23rd, 24th, 25th and
2eth, 1982 at the Niagara Sports Centre on MOntrose Road subject to the approval
of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara
District Health Unit and the Liquor Licensing Board of Ontariol AND the Seal of
the COrporation be hereto affixed.
· · Carried Unanimously
No. 92 - ~'~/~A - BAKER - RESOLVED that the unit prices submitted by Steed & Evans
Limited for the cc~struction of base roads in the MOretta EStates Subdivision,
Phase I, be acceF~ed at the tendered price of $34,765.00~ AND the Seal ~f the
COrporation be hereto affixed.
Carried Unanimously
3
RDEREDon the motion of Alderman Cummings, seconded by AldermanDilts, that
~o. 82-209 - A By-law to authorize the execution of an agreement with Steed and
i Evans Limited for base asphalt construction in the Moretta Estates
Subdivision - Stage I.
~o. 82-210 - A By-law to authorize an agreement with Paul O'Brien Electric
Limited and Aloette Cosmetics of Canada Inc. respecting Lot 31
according to Registered Plan No. 243.
Carried Unanimously
=!RDERED on the motion of Alderman Cheesman, seconded by Alderman Curamings, that
he foll~qing by-laws be n~q read a second and third time:
. o. 82-209 - A By-law to authorize the execution of an agreement with Steed and
i ~ Evans Limited for base asphalt construction in the Moretta Estates
Subdivision - Stage I.
., ~Wo. 82-210 - A By-law to authorize an agreement with Paul O'Brien Electric
! ~ Limited and Alcette Cosmetics of Canada Inc. respecting Lot 31
i according to Registered Plan No. 243.
~ Carried Unanimously
]
iMESSAGE OF CONDOL[~CE
NEW BUSINESS
It was moved by Aldenran Cummings, seconded by Alderman Dilts, that a
~ssage of condolence be sent to the family of the late Mr. Paul Petrie, a
Alderman Chee~nan announced that there wDuld be a Finance COnmittee meeting
~n September 22, 1982.
F~EDERAL/PROVINCIAL SUB-AGE FOR TOURIST DEVEIDE
Mayor Thomson advised that he had beccme aware of discussions being held
etween the Federal and Provincial Governments concerning a grant program
signed for the maintenance and develo~nent of tourism. The Mayor indicated
'~lat it had ccme to his attention, that the Federal GOvernment w~s considering
· '.~h0e exclusion of the Niagara area from the program. Mayor Thc~son felt letters
uld be sent to the Federal and Provincial authorities involved indicating
f~t the City is aware of the discussions being held, end that the City wishes
~o be included in any monies that will be available in the future for touriem
~evelollent. Alderman Puttick suggested that the local Member of Parliament be
sked to provide information on the matter as well.
RDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that
~{etters be sent to the Federal and Provincial authorities involved in the
~oposed Federal/Provincial Sub-Agreement for Tourist Develolment, indicating
hat the City wishes to be included in any mnies that will be available in the
ture for tourjam develoImBnt, and that the Niagara Falls Member of Parliament
asked to provide his assistance in this matter. Carried Unanimousl3<.
F~[XR B.I.G. AGENCY ONE-DAY S~MINAR
Aldelnan Janvary oamented briefly on the B.I.G. ~3ency's one-day sere/her
_~titled "Positive Progranmes for Growth in .'83", which she had attended on
Ptember 15, 1983 ·
)BSERVANCE OF H~,~OWRM~
In response to a question raised by Alderman Janvary, Mayor Thcmson advised
,~at discussions would be held by Council regarding the day on which Halloween
dbe observed - Saturday October 30th or Sunday OCtober 31st.
-4-
TRAFFIC ON RAIN~DW BRIDGE
Alderman Janvary advised that since the Whirlpool Rapids Bridge to the
United States had been clo~ed for repairs, traffic had increased considerably on
the Rainbow Bridge. The Alderman further advised that in spite of the heavy
traffic recently, cel several occasions only two booths had been ope~ for
motorists. Mayor Thomson requested that the Chief Administrative Officer
contact the Niagara Falls Bridge Oa,,ldssic~ on the matter.
Alderman Dilts stated that in order to assist the Municipal Works and
Finance Cu,.,~ttees, he would like to see a report covering the past three month
paried outlining the costs for overtime and part-time staff. Mayor Themson
indicated that this information was being prepared and would be provided.
OPERATING HIj[X~,f DISCUSSIONS
Mayor Th(~mson advised that the City of Niagara Falls, New York, was at the
present time actively involved in setting its budget for 1983, and in fact, the
budget would be finalized and formally approved by the end of October. The
Mayor was critical of the fact that the local budget was not finally approved
Until late April or early May, Often delaying or stifling projects ~lder review
for the current year. Mayor Thcms(~n requested the Finanoe C~,,l.~ttee and staff
to study the matter and see if there was any possibility of changing the current
practice so that current budgets would be c~a[leted prior to the first of the
year.
It was moved by Alderman Fera, seconded by Alderman Dilts, that the meeting
adjourn to C~t,t~ttee of the ~hole. gav=~1~animouslX.
MAYOR W~YNE THOMSON
C~mkittee Ro~m #1
September 20, 1982
Council met on Monday, September 20, 1982, in Ca~,p~ttee of theWhole.
members of Councilware presentwith the excepLionofAldermanScmmrville.
Alderman Merrett presided as Chairman.
All
Follc~H_ng consideration of the items presented, the Cu~ip~ttee of the Whole
arose without. reporting.
Council Chambers
September 20, 1982
Council reconvened in formal seseic~ on Monday, September 20, 1982
following a meeting in C~,,,.{ttee of the Waole. All ~(sfa3ers of Council were
present with the exesptiol] of Alderman 8(Faervllle.
The ma~dmg adjourned.
READ AND ADOFI3~D,
/
.L
-5-
THIRTIETH ~fTING
CO~4IT.'~Z OF THE WHOLE
Conrtittee Room #1
September 27, 1982
Council met on Monday, September 27, 1982 at 6:45 p-m., in Comnittee of the
Whole. All members of Council were present with the exception of Alderman
Schisler. Alderman Orr presided as Chairman.
Following consideration of the items resented, the Conuttttee of the Whole
arose without reporting. -~a.
MAYOR k~YNE THOMSON
Council Chambers
September 27, 1982
Council met on Monday, September 27, 1982 at 7:30 p.m., for the purpose of
considering general business. All marebets of Council were present with the
· exception of Alderman Schisler. His Worship, Mayor Thc~son presided as
-Chairman. Alderman Orr offered the Opening Prayer.
DEPUTATICNS
DRUNMOND SQ{RRE MALL & PEOPOSED OVERSIZED SIGg
Mr. Ken Feren of Insight Signs was granted permission to address Council on
the motion of Alderman Currulings, seconded by Alderman Chessman. Mr. Feren
distributed a sketch of the proposed sign for Darrigo's Supermarket which has
been erected on the building in the Dnmmund Square Mall. It was noted that
according to City by-law a wall sign can exceed 150 square feet only if the wall
area is in excess of 1200 square feet, subject to the approval of City Council.
In this instance the proposed sign is 300 square feet. Mr. Feren indicated that
the sign had already been erected, h(~ever lighting of the sign was delayed
until approval of Council was received.
0RDERED on the if~ion of Alderman Puttick, seconded by Alderman Merrett, that
!aro
PP val be given for the pruFosed oversized sign for Darrigo's Supermarket at
the Drt[,~L~Azd Square Mall. The motion Carried with the following vote:
AYE~ Aldermen Baker, Cheasman, Cunmings,'~'__~lts, Fera, Farrio, Merrett, Orr
Puttick and Somerville,
'NAYE__._.. Alderhen Janvary,
[/qFINISHED BUSINESS
SITE PIAN APPROVAL - PROPOSED 30-UNIT ~3WE}DUSING/CRESON INVESTMENTS LIMITED
! Report No. 595 - Chief Administrative Officer - The report reeu~.,ends that
'sCotmoil make a decision either to approve the site plan that was rec~a,ehded to
~ Council on Au~st 16th, 1982 in a report frcan the Director of Buildings and
~ Inspections and the Chief Administrative Officer, or advise the owner of the
'l rmme propek-~y of what valid site planning change the Council wishes the owner
, make to the site plan.
Report No. 596 - Chief Administrative Officer - The report reca,,,ends that
~ Co~]cil request the (~rner to. make the following changes to the Sits Plan
i Previously sukeitted to the City in order that Site Plan Approval can be give:
i 1) Provide fast growing trees of a fair size am] type along the majority of the
~ north limit of the site and placed pr/marily at the rear of the traits facing
' the single family lots; and 2) Provide several additional parkir~ spaces cn the
site b~ removing some of the proposed landscaping if found necessary (note{ the
parking over ~ above the requirene]t of the
~ming by-law),
,
-2-
The Chief Administrative officer discussed a meeting Which was held on
Tnureday, September 23rd, 1982 with interested residents of the area, When
questions were raised regarding the M.U.R.B. grants in connectio~ with
construction. The Federal GOvernment had previously been contacted regarding
the grants and information was received that the M.U.R.B. certificate was issued
through Canada ~brtgage & Housing Corporation. A request that a representative
of C.M.H.C. attend the aforeraentioned meeting was denied since the information
was considered confidential and therefore could not be released. The Chief
Administrative Officer further stated that inforrcetic~ concerning the criteria
for the M.U.R.B. certificate is available, on request, to ratepayers. He
verbally reviewed the criteria which indicated that the certificate is issued
only When work is done on footings. Further information revealed that where a
physical inspection was not possible, the issuance of a building permit was
considered proof that the building had ca~menced. However, on the particular
instance in question, an inspection had bean made and the criteria met. The
Chief Administrative Officer referred to a posted sketch indicating the location
of existing parks in the subject area and advised that at the present time
approximately 9 acres Were designated for naighbourhood parklend which met the
City ' s criteria.
Alderman Cummings expressed disapproval concerning the sign which had been
erected for the subdivision, and did not indicate that a 30 Unit Townhousing
develo[m~_nt ~Duld be included. The Aldern~m~ felt that either the lawyer acting
on behalf of purchasers or the real estate agent involved in a transaction,
should have advised purchasers that the subdivision would not be cf~,pletely
single family residential. Alderman Cumnings further stated that Firemen's Park
could not be considered as a park facility for this neightxR/rhood.
Alderman Puttick referred to the rec~,~endation of the City Solicitor which
was included in the report and indicated that the City would not have a case to
make before the Ontario Municipal Board under the present circumstances. He
referred to the amendments to the site plan which had keen agreed upon by Creson
Investments Ltd. Alderman Puttick was not in favour of an O.M.B. Hearing.
AldenTan Fera discussed the date of the ~Beting between the developer and
the residents and stated that Mr. Dan C. Casey, President of Creson Investments
Limited had contacted the O.M.B. prior to the meeting with the residents. The
Alderman was disturbed that the developer was proceeding to the O.M.B. and
meetings with the City at the same time. Alderman Fera further discussed the
acreage and density of buildings on the site and suggested the existence of a
crowdad condition. He expressed the view that the residents had been misled.
Alde~n~~n Dilts advised that he had visited the develo~ and agreed with
adverse remarks made previously concerning the footings. He expressed sympathy
with the residents regarding the sign and suggested that C.M.H.C. should have
given an explanation to the residents.
Further discussion took place regarding the responsibility for the sign
which is erected by the subdivider under the subdivisiou agreement. The Chief
Adn~tnistrative Officer replied to questions raised ooncerning the responsibility
for approval by the Building Inspector. The Director of BUildings ar~
Inspections explained that in this instance the subdivider did not alprain
approval to erect the sign.
The City Solicitor provided additional information in response to
questiouing concerning the sign. He further advised that Council had two
alternatives - to approve the site plan, or advise the subdivider c~ oNner of
the changes required for the site plan. The Solicitor stated that under the
present circtmmtances the plan for multi-family dewellings could not be-
reversed. He reiterated that the only matter that could be celsidered at this
point would he approval of the site plan, with or without changes. It
pointed out that at a previous meeting of City Council the owner had offered to
negotiate the site plan with the resideIts, and it ~as the resp3nsibility of
Council to pursue this route as far as possible. The Solicitor advised that
some other suggested changes involved zoning Which is not relevant to f~he site
-4-
ORDERED on the motion of Alderman CL~ings, seconded by Alderman Fera, that the
i the feasibility of a park in the
subject area and an investigation concerning the sign and footings.
The mation Carried with the foll~ing vote:
AYE: Alden Chee~Tan, Cummings, Dilts, Fera, Janvary, Kerrio, Merrett
and Somerville.
NAYE: Aldermen Baker, Orr and Puttick.
CO~E~jNICATIONS
'No. 325 - Salvation Army - Re: Donation to Ministries Enrichment Progrange. The
~culm~unication requests consideration of a donation to the Salvation Army' s
~_'nistries Enrichment Progranite.
.ORDERED On the motion Of Alderman Cunmlings,. seconded by Alderman Cheesman, that
~the o3~,lunicetion be referred to the Finance C~ttee for consideration.
~Carried Unanimously.
UNFINISHED BUSIES
].W. PALMER PARK - COb~4UNITY RECREATION CENTRES ACT
~port No. 597 - Chief Administrative Officer - The report reeal,~ends passage of
by-law to establish C.W. Pahner Park as a oa,,,unity recreation centre in
~ccordance with the Calmunity Recreation Centres Act.
)RDERED on the motion of Alderman Cur~aings, seconded by Alderman Cheesman, that
~le report be received and adopted. Carried Unanimously.
, ~(XIKEY PETITIONS
See By-law No. 82-211.
,~eport NO. 598 - Recreation Cc~mission - The report itemizes the action taken
robsequent to concern expressed at a meeting of City Council on August 16th,
-982, and advises that the Program and Public Relations Committee of the
~creation Cua,i~ssion will continue to work with the groups in the best
.nterests of the children involved in minor hockey.
)RDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the
report be received and filed. Carried Unanimously.
~MINISTRATION & OPERATION OF MUNICIPAL ARENAS
~eport No. 599 - Chief A~istrative Officer - The report reviews the
' ' ' and operation of Municipal Arenas and recc~mends that the
Mr. Bob Stewart was granted permission to address Council on the motion of
~derman Orr, seoc~ded by Alderman Cheesman. Mr. Stewart reviewed his personal
ckground and discussed the ~eetings Which had taken place concerning the
~ject matter. Mr. Stewart further discussed the use of ice time by minor
,~Dckey as well as fees and operating costs and suggested that this matter should
considered by the Finance Cctanittee Of the City since he was not in agreement
~ith the re~ort.
2RDERED on the motion of AldernBn Orr, seconded by Alderman Baker, that the
~'eport be received and filed. Carried Unanimously.
COMMUNICATIONS
~qo. 326 - Minister of Municipal Affairs & Housing - Re: Chippawa Redeveluialent
~_'ea Designation. The oa~i~unication advises that By-law N~nber 82-181
~esignating the Chippawa Redevelu~a~ent Area has been approved.
~RDERED o~ the motic~ of Alderman Merrett, seconded by Alderram1 Dilts, that the
· ~lmlanicatio~ he received and filed. Carried Unanimously.
' ~No. 327 - Princess Margaret Public Sohcol - Re: FUn Run. The oa,i,unication
equests permissian to conduct a "Fun Run" at 2~15 p.m. on October 1st, 1982,
:i~th the funds raised to be sent to the Cancer Society.
ac ordingXy. arried Unsnir nsly.
..i
-3-
Alderman Cheesman expressed the opinicn that the subdivider had acted
legally end suggested that if COuncil was not satisfied with the density the
resFonsibility must be accepted by COuncil. The Alderman felt that the City had
failed in its duty concerning the legend cn the sign. Reference w~s made to
former cases which the City had taken to Court with a resulting minimal fine.
Alderman Cheesman reviewed the possible consequences of referring this matter to
the O.M.B., the expense to the sukdivider and residents of withholding an
araendment to the plan end delaying the inevitable.
The following residents frc~ the area outlined their viewpoints: Mr. A.
Ioannides, 2891 Olden Avenue; Denise LaPlante, 2795 Olden Avenue; Sam Rossi,
7441 Scholfield Road; Joan Bakelaer, 2803 Olden Avenue; Larry Strange, 7195
Westfield Drive; Frank Maillet, 7434 Scholfield Road; Rosann Stranges, 7424
Scholfield Road. The residents discussed lack of prior knowledge concerning the
multiple dwelling units proposed for the area, the misleading information cn the
sign, insufficient school facilities, density, high rata of taxes, unnecessary
bus service, the need for en investigation into the footings placed by Creson
Investments Limited, the possibility Of purchasing parklands and overcrowded
swimming pools.
Mayor Thcmson advised the residents that the bus service had ~een
implemented at the request of residents in the area. He further advised that a
report had ~een received by the Transit Cca~,~H ssion that the use of service had
steadily increased to the point where it was a profitable routa and such
information was available to the public cn request. Tne Mayor referred to
cca,e~ents made by scme residents which had been unfair to COuncil. He further
referred to attendance records of children at the swinmdng pools. The
Direr of Recreation discussed the pools 'available in the City and the hours
during which they ere in use.
Mr. Jen Jaluvka, solicitor, addressed Council on behalf of the residents.
He expressed regrets concerning allegatic~s and personal ea,,~ents made by some
residents end referred to the subdivider's agreement through which the tltilding
permit was issued although conditions had not been ~et. It was suggested that
the City would be remiss in its duty if it were to proceed without giving
credence to the tek]~ of the subdivider's agreement. Mr. Jaluvka made reference
to proposed additional parklend and lack of ~tely available schools.
Alderman Puttick objected to the proposal of additional parkland which had
not been recaL,,ended by the Director of Recreation as "setting a precedent". He
requested a report concerning the need for additional parkland in the area.
Tne Director of Buildings and Inspections informed Council arid the
residents that if application was made for a building permit and footings had
already been poured, construction of the building had begun without a permit.
He replied to questions raised by advising that if proven in Court that a breach
of the Building Code had occurred, a penalty would be charged and the builder
would be permitted to proceed. The City Solicitor provided infozmation
concerning the probable action to be taken at the O.M.B. Hearing scheduled for
Octd0er 13th, 1982.
Mr. Dan C.. Casey, President of Crescm Investments Limited, discussed the
possibility of an early solution to the problem, his efforts and the cooperation
of City management c~ behalf of the citizens. He advised that the .reas(m for
the residents' upset was understood althouc~ he did not attm,~L to take the easy
way out on the sign. The cost of drawing ~o alternative plans in resp3nse to
requests by citizens was referred to as well as the proposal ,to purchase
expensive parkland. Mr. Casey advised that be would be willing to cooperate
with such a purchase and suggested a tentative figure of $230,000. He was not
in agent with a postponement of the O.M.B. Hearing.
Aldexx,~n Baker discussed the mmies currently available in the Park Reserve
Fund and the areas in the City presently deficient in perkland. Following
infozrmtion related by staff concerning this matter, Alderman Baker advised that
he would not be in f~vour of the purchase of parklend in the subject area.
Aidera Merrett reviewed past actions concerning the problen in the area
and suggested that sees residents %Bre a~are of a future p~-oJect. He referred
to the prc.~-ased purchase of parkland and the need for a decision of t~a.
majority ....
5
NO. 328 - Niagara Peninsula COnservation Authority - Re: Interim Watershed Plen
for the Niagara Peninsula Conservation Authority. The cc~m~inication outlines
the Conservation Authority's progreuTres and projects which will be designed to
address its watershed managenent responsibilities.
ORDERED on the motion of Alderman Cunrd_ngs, seconded by Alderman Baker, that the
c~cation be referred to the Municipal Works Conmlttee end the Planning and
Develolment C~,.~ttee for comment. Carried Unanir~Dusly.
No. 329 - Niagara Falls Regional Real Estate Association - Re: Private Property
Week. The cc/~alunication requests tht the week of October 3 - 11, 1982, be
proclaimed as "Private Property Week" in Niagara Falls.
ORDERED On the motion of Alderman Orr, seconded by Alderman Cunxnings, that the
request be approved subject to established policy. Carried Unanimously.
No. 330 - Borough Of Etobicoke - Re: Urea Formaldehyde Foam Insulation. The
c~m~/nication requests endorsement of a resolution requesting the Lieutenant
Governor in Council to review actions in connection with Urea Formaldehyde Foam
insulation and a refund to municipalities for tax losses caused by assessment
reductions.
ORDERED on the motion Of Alderman Orr, seconded by Alderman Cun~tings, that the
resolution he endorsed. Carried Unenimously.
No. 331 - Borough of Etobicoke - Re: Trail Bikes in Ravines. The oc~munication
solicits support of a request to the Provincial Government to enact the
necessary legislation to govern the purchase and use of trail bikes.
ORDERED on the motion Of Alderman Cunxnings, seconded by Alderman Dilts, that the
cc~[m/niction be referred to the Recreation Commission and the Niagara Regional
Board of OaL~H ssioners Of Police for a cu~,,ent. Carried Unanimously.
No. 332 - Mrs. L. Hendry - Re: Sidewalks on Beaverdams Road. The ecrmunication
conveys appreciation for sidewalks recently constructed on Beaverdams Road.
0RDERED on the motion of AldelTman Cummings, seconded by Alderman Baker, that the
ommunioation be received and filed. Carried Unanimously.
No. 333 - Minister of Consuner & Corporate Affairs Canada - Re: Metric
Conversion. The oa,~,unication reviews the progress of metric conversion in
Canada, the legislation wich has been passed following due parliamentary process
and advises that the conversion progrin is being conducted on a voluntary basis
by the industries involved with the exception of a few areas.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the
cumunication be tabled for t%D weeks. Carried Unanimously.
No. 334 - Hamilton Travel NialVara - Ra: Business Hours in Downtown. The
ccmmlnication expresses oppos tion to eny change that would allow Sunday
business hours for the Downtown business district.
0RDERED on the motion of Alderman Cunwmings, seconded by Alderman Jenvary, that
the cfa,.~unioation be received and filed. Carried Unenimously.
e~0resses tion for the hospitality received by the Sudbury Wolves hockey
team during its visi~ to Niagara Falls, end offers assistance in securing a
hockey franchise for Niagara Falls.
ORDERED on the motion of Alderman Cun[nings, seconded by Alderman Baker, that the
c~mmunication be read. The ~lDtion Carried with the following votes
A_~: Aldermen Cheeenan, Cu~wmings, ~ Fera, Baker, Jenvary, Merrett, Kerrio
and Scmmrville.
NAYE: Aldermen Orr and Puttick.
~]RED on the motion of Alderman C~Liiangs, seconded by Alderman Baker, that the
ccmrunication be received and filed. Carried Unenimously.
N0. 336 - Greater Niagara General Hospital - Re: Invitation. The o~,,,~nication
extends an invitation to attend the Robert Wood Singers' COncert on October 23,
1982 at 8t00 p.m. at N.F.C.V.I., sponsored by the Palliative Care Committee, to
which the proceeds will be directed.
ORDERED on the nrfcion of Alderman Ctmwnings, seconded by Alderman Janvary, that
as many menbets Of Council a~d staff as possible attend. Carried Unaninnusly.
No. 337 - Residents of Stamford Street/Second Avenue Area - Re~ Intersection of ·
Stamford Street and Seo~d Avenue. The c~munication requests that the City
close the intersecti(m of Secc~d Avanue at Highway M20, that the stop signs ~
Second Avenue be relocated to Stamford Street, cr that a four way step he
established at the subject intersection augmented by the use of caution lights.
0RDBRED ~ the motion of Alderman Merrett, seconded by Alderman Janvary, that
~x~eation be referred to the Municipal Parking & Traffio C~d,dttee.
- ed Unanimously.
-6-
No. 600 - Chief Administrative Officer - Re: Six Month Report ~n Residential
DeveloFment. The report provides a six month revie~ of residential develo[m~nt.
ORDERED on the motion of Alderman Cu~mdngs, seconded by Alderman Baker, that the
report be received and filed. Carried Unanimously.
No. 601 - Chief Administrative Officer - Re.' Proposed Consultants for the
Consolidation of the Willoughby, Crowland and Humberst~ne Official Plan. The
report rec~,,ends that the firm of Miller, O'Dell & Paul, Urban and Regional
Planning Consultants Inc., be retained at an upset limit of $14,500.00 for the
purpose of preparing a consolidation of the Willoughby, Crowland and Humberstone
Official Plans in accordance with the terms of reference fcT the study, subject
to the preparation and adoption of the necessary by-law and agreement.
ORDERED en the motio~ of Alderman Cumings, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 602 - Chief Administrative Officer - Re: AM-14/82, Nimar Motel Ltd., Lundy's
Lane. The report reoal~en~s approval of the application to permit a change/n
zoning fr~n TOurist Ccr~nercial to Camping Establishment fCT part of the lands
presently owned by the applicant, as permitted in a severance granted by the
Land Division OaLm~ttee, and subject to Site Plan Control.
ORDERED On the motion Of Alderman Orr, seconded by Alderman Currulings, that the
report be received and adopted. Carried Unanimously.
See By-law 82-218
No. 603 - Chief Administrative Officer - Re: AM-9/82, Niagara Falls Hydro
Electric C~,lJ ssion and Cambridge Leaseholds Limited (Niagara Square Property).
The report recem~mas passage of a by-law authorizing an amendment to the
subdivision agreement for the Niagara Sqn~e property, an agreerent with the
Niagara Falls H~dro Electric Cu,,L.~SSiC~ and a transfer Of a Watercourse easement
frcm Cambridge Leaseholds Limited to the City.
ORDERED On the motio~ of Alderman Merrett, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law 82-212
No. 604 - Chief Administrative Officer - Re: Renewal of Lease, Provincial COurt
Facilities. The report re~u.~ends that COuncil authorize the M~yor and Clerk to
sign an offer to renaw the lease o~ the COurthouse Building (formerly City Hall)
for the year 1983 at an annual rental of $67,845.68.
ORDERED On the motiOn of Alderman Cumings, seconded by Aldernkm Orr, that the
report be received and adoFLed. Carried Unanimously.
re ~rt
No. 605 - Chief Administrative Officer - Re.- City Float. The pc reccemends
that the City Float be e~tered in the Grey Cup Parade in lieu of the Oktoberfest
Parade.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chamn]~gs, that
the report be received and adopted. The motiOn Carried with the following vote:
A~E.' Aldermen Chees~ean, Cunm~tngs, Fera, Baker, Merrett, Puttick, Kerrio end
Scmerville.
NAYE.' Aldermen Dilts, Janvary and Orr.
No. 606 - Chief Administrative Officer - Re.- Bus Stop/Taxi Stand - CN Station.
The report reca.,ends that the RegiOn be advised that a c<a~vrcmise solution
between the needs of the Transit C~a.,,:ssion and privately operatad taxis is the
best solutiOn to the problem.
ORDERED on the motiOn of Alderman Merrett, Alderman Cua~mings, that the report be
tabled for further discussion. Carried Unanimously.
and rec~m,,ends that authorization be granted to proceed with advertising under
Section 298 end 301 of the Municipal Act for the demolition end re~austructiOn
of the structure.
ORDERED On the' i,~Lton of Alderman Orr, seconded by Alderman Dilts, that the
report be received a~a adopted. Carried Unanimously.
No. 608 - Municipal Works Ocmmittee - Re.- Emseme~t Agreeneat with Ontario
for ROlling ACres Flood ~elief Storage Tank. The report recu,.ends passage
by-law to authorize the executiOn of an ~ement agreemint with Ontario Hydro
fur the ROlling Acres Flood Relief Storage Tank.
ORDERED on the notion of Alderman Cunmings, seeaided bJ Alderman Fera, that the
refit be received and adopted. Carried Unanim0usly.
..... ,- See By-law 82-213
-7-
No. 609 - Municipal Works Cfmmlittee - Re: New McLeod Road Alignment and
Requirements for Easements on Lands Deemed Possible for Disposal. The report
recc~mends: 1) the Region be made aware of the various City utilities indicated
on various plans as outlined; 2) in accordance with item 5 of the Region' s
letter of August 12th, that the Region be requested to prepare the necessary
easecent doc~nents for the City' s approval end that the exact location of the
utilities be determined by the Region in the field to ensure accuracy in
establishing the above mentioned easements; and 3) that the Region be reminded
of Council's resolution of August 30, 1982, wherein the City is requesting that
"old McLeod Road" between Stanley Avenue end Portage Road remain open to
vehicular traffic.
Alderman Janvary expressed concern with the closure of old McLeod Road
which is specified on the sign in the area, noting that the residents were not
in favcur of this action. Mayor Thcmson advised that the Region had been
notified, and the sign would be changed.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 610 - Municipal Works Committee - Re: Morrison Street Reconstruction -
.Advisory Letter to Residents. The report reoamends approval of the form of
letter to be sent to residents on MorrisOn Street between Victoria Avenue and
Stanley Avenue in 1983.
ORDERED on the motion Of Alderman Cummings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
!No. 611 - Municipal Works Con,mittee - Re: Reduction of Speed Limit on Portage
,Road. The report rec~,~,ends that Council concur with the the Region's proposed
=resolution "that the speed limit On Niagara Road 49 (Portage Road) frcm Niagara
iRoad 49 (McLeod Road) to 50 metres south of Burning Springs Road be reduced frcm
ithe existing 60 kph speed limit to 50 kph, and that the Region be requested to
~investigate the need for turning lanes at the nDSt southerly entrance/exit to
!the Marineland park/rig lot on Portage Road.
~The report recu,,,ends Alderman Merrett, seconded by Alderman Cunmtings, that the
~repert be received and edoptad. Carried Unanimously.
{No. 612 - Municipal Works Cc[mlittee - Re: Sanitary Landfill Site - Waste
iManagenent Improvenent Program and Hydrogeological Study. The report reccrmends
ithat: 1) the COuncil approve the form of agreement respecting the subject study
~between the Ministry of Environment and the City; 2) that staff be authorized to
[prepare appfupriate terms of reference in conjunction with the Ministry of
iEnvirorment and request aukmissions frc~ Consult/rig Engineers experienced in
~this line of work; and 3) that an appropriate by-law be prepared for this work.
ORDERED on the raption of Alderman Cunmdngs, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 613 - Municipal Works Comnittee - Re.' Salvaging of Metals, etc. frcm City
Trash Receptacles. The report provides informatic~ on discussions with Mr. C.D.
~Hall regurding his proposal to salvage metals frcm City trash receptacles.
0RD~RED On the motion Of Alderman Baker, seconded by Alderman Kerrio, that the
report be received and filed. ~he notion Carried with the following vote:
A_~: Aldermen Cheeeman, Dilts, Fera, Baker, Janvary, Merrett, Orr, Puttick,
Kerrio and Somerville.
~__~: Alderman Cu~ings.
~0. 614 - Chief Adm/nistrative Officer - Re: 1982 Capital Budget Projects. The
~eport rec~,.,ends passage of by-laws to provide for the installation of
etermains On ChippaWa Parkway and Kalar Road, and a storm sewer On Crawford
8tret and Elberta Avenue.
ORDERED on the nrfcion of Alderman Dilts, seconded by Alderman Cunmlings, that the
report be received and adopted. The motiOn Carried with AIderman Janvary
abstain/rig on a conflict of interest, and al~s voting in fayour.
See By-laws 82-215,
82-216 and 82-217
.No. 615 - Chief Administrative Officer - Re, Tender for Rental of Snow ~,uval
Equipment. 'X'ne report reoa.,ends tendare su~nitted by Mode Crane Rental,
M°~cmery Bros., ~;~dern White Line, L. Walter & SOn Ltd. and Pizzi General
Contracting for the supply of rental equiFment for the purpose of snow removal
d~ the 1982-83 winter season, be accepted.
-8-
The Director of Municipal Works provided additional information in response
to a question raised by Alderman Janvary concerning winter maintenance oosts.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the
report be received and adopted. Carried Unanimously.
No. 616 - Chief Administrative Officer - Re: Contract R.C. 20-82, Partial
Contract Award. The report reca:,lends acceptance of the unit prices suk~itted
by the low tendeter, Steed & Evans Limited for the ~bnroe Extension Subdivision
portion of the subject contract.
ORDERED On the motion of Alderman Cunmlings, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See .Resolution #93
No. 617 - Chief Administrative Officer - .Re: Tender for Supply, Treat and
Stockpile of Winter Sand. The report reccr~eends that the tender for supply 'and
delivery Of winter sand, including the mixing of salt with this sand, and
remixing of the existing stockpile, be awarded to Walker Bros. Quarries Limited
at the unit prices suhnitted.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that
the report be received and adopted. Carrind Unanimously.
See .Resolution #94
No. 618 - Chief Administrative officer -.Re: Ministry Of Municipal Affairs and
Housing - Employment Incentive Program. The report rec~,,~ends that Counci
authorize City staff to proceed with the wor~s included in the program, with the
City' s portion of the cost of the program ($800) to be charged to the Service
Centre administration budget.
ORDERED on the nDtion of Alderman Merrett, seconded by Alderman Jamvary, that
the report be received and adopted. Carried Unanimously.
No. 619 - Mayor Thcmson- Re.' Tourisn Niagara Co-ordination Board
Reoa:,:endation. The report rec~:,:ends that an agreement be entered into with
Larmer Consultants of Nigera Falls to carry CUt work CU the prepartion of a
financial plan suitable for sukmissic~ to the Board of Industrial Leadership and
Develo[ment at an upset limit of $7,000.00.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the
report be received and ad~Led. Carried Unanimously.
No. 620 - Chief Administrative Officer - .Re: Municipal Accounts. The report
r~L,LeEK]S palanent Of the nunicipal accounts.
The City Treasurer and Director of Municipal Works provided ~dditional
information on Cheques #12124, #12225, #12292 and #12374.
ORDERED on the motion of Aldernkln Merrett, seconded by Alderman Scmerville, that
the report be received and adopted. Carried Unanimously.
No. 621 - Chief A~ministrative Officer - .Re: 1981 Financial .Report. The report
reea:,,ends that. the financial reports for the City be received, reviewed, and
filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the report be received and filed. Carried Unanimously.
No. 622 - Chief Aaministrative Officer - Re: (~Dsorvance of Halloween. The
report reea:,aends that Council take no actice% to change the date ~or observance
of Halloween for 1982.
ORDERED on the .~io~ of Alderman Orr, seccpaed by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 623 - Chief A~ministrative Officer - Rez Fire Prevantion Week. Th& 'report
advises that the week of October 3 - 9, 1982 is Fire PreveatiCU Week, and
extends an invitation to menhers of Council to visit Station #1 cn Morrison
Street on Monday, October 4, 1982.
ORESRED On the ~DtiOn of Alderman Cunm~ngs, seconded by Alderman Dilts, that the
repor~ be received ,and filed. Carried Unan]RDusly.
No. 624 - Chief Administrative Officer - Re.' ReclassificatiOn of Liquor Licence
- Chippawa Hotel. ~ re]~ort rec~:e,ends that Council, by resolutic~ approve the
closing of the guest bedrocm acc~t,,~datio~ at the. Chi~E~wa Hotel, 3876 Main _.
Street.
OR~e~a~ on the motion of Aideram Dills, seconded by Alderman Baker, that the
report be received and adopted. Carried Unan]Rrmsly.
See Resolution #95
-9-
No. 625 - Alderman Baker - .Re: Multi Culture Niagara. The report recxmends
that Council express its support of the excellent %Drk done by Multi-Culture
Niagara and also support the concept of expanding the role of Multi-Culture
Niagara to include a Niagara Folk Arts Council.
ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that the
report be received and adopted. Carried Unanimously.
No. 626 - Chief Administrative Officer - Re: CORE Building Renovations Steering
Conmittee. The report reccnmends that permission be granted by Council for the
calling of tenders to carry out the alterations and renovations to the CORE
BUilding under the C.S.C.P. Program.
0RDERED on the motion of Aldern~n Dilts, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 627 -Chief Administrative Officer - Re: Thanksgiving Day -Arenas. The
report provides information c~ the hours of operation for City Are on Monday,
October 11, 1982 -Thanksgiving Day.
In response to questions raised, it w~s indicated that groups involved in
activities at the Arenas were satisfied with the arrangeants made.
ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the
report be received and filed. Carried Unanimously.
No. 93 - CROSSINGS - FERA - RESOLVED that the unit prices sulm~itted by Steed end
Evans Limited for base road constructiCU in the Monroe Extension Subdivision
~portion of Contract R.C. 20-82, be accepted at the tendered price of $19,384.65;
{AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
!No. 94 - CUMMINGS - FAKER - RESOLVED that the unit prices sukmitted by Walker
Broe. Quarries Limited for the supply and delivery of winter sand, including the
i mixing Of salt with this sand and remixing of the existing stockpile, be
i accepted at the tendered price of $61,640.00; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously
No. 95 - DILTS - BAKER - RESOLVED that the Council of the Corporaticn of the
City of Niagara Falls approves of the closing of the guest bedroc~
acccmm0dations provided by the Chippawa Hotel, 3876 Main Street, Niagara Falls,
in order to permit the Liquor Licence Board of Ontario to consider an
application for reclassificatiCU of tba said premises fre,~ a hotel to that of a
. tavern; AE~) the Seal of the Corporation be hereto affixed.
Carried Unanimously
ORDERED on the motion"of Alderman Janvary, seconded by Alderman Cunmings, that
leave he granted to introduce the foll~Ning by-laws, and the by-laws be read a
first time:
No. 82-211 - A By-law to establish C.W. Palmer Perk an a c~l,,,/nity recreation
cex~treo
· No. 82-212 -A By-law to authorize the execution of doc~ents respecting a
proposed service centre for Niagara Falls Hydro Electric
Ccam~ssion.
No. 82-213 - A By-law to authorize the execution of an easement agreement with
ontario Hydro.
CozlooratiOn of the City of Niagara Falls to the Regional
! Municipality of Niagara.
{=~No 82 215 - A By-law to authorize the installation of a watermain as an
improvement to the water supply System in the urban .service area
of the City.
~- A By-law to authorize the installation of a watermain as an
!l
- 10 -
No. 82-217 - A By-law to authorize the construction of a storm sewermain as an
improvement and extension to the sewage system in the urban service
are of the City.
No. 82-218 - A By-law to amend By-law No. 79-200, as amended.
No. 82-219 - A By-law to provide monies for general purposes.
No. 82-220 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for base asphalt construction in Monroe Extension
Subdivision.
Carried with Alderman
Janvary abstaining on
By-law 82-217 and all
others votir~ in
fa your.
ORDERED on the motion of Alderman Cu~nings, seconded by Alderman Baker, that ~he
following by-laws be now read a second and third time: ' '~
No. 82-211 - A By-law to establish C.W. Palmet Perk as a ecrutotality recreation
No. 82-212 - A By-law to authorize the execution of doc~Nents respecting a
proposed service centre for Niagara Falls Hydro Electric
Ccemission.
No. 82-213 -. A By-law to authorize the execution of an easement agreement with
Ontario Hydro.
No. 82-214 - A By-law to authorize the City' s execution of a deed fr~n the
Corporation of the City of Niagara Falls to the Regional
Municipality of Niagara.
No. 82-215 - A By-law to authorize the installation of a watermain as an
improvement to the ~ater supply systen in the urban service are
of the City.
No. 82-216 - A By-law to authorize the installation of a watermain as an
improvement to the water supply system/n the urban service area
of the City.
No. 82-217 - A By-law to authorize the construction of a storm seVermain as an
improvement and extension to the sewage system in the urban service
area Of the City.
No. 82-218 - A By-law to anmnd By-law No. 79-200, as amended.
No. 82-219 - A By-law to provide m~lies for ganaral purposes.
No. 82-220 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for base asphalt construction in Monroe Extension
Subdivision.
Carried with Alderman
Janvary abstainin~ o~
By-law 82-217 and all
others voting in
fa your.
Alderman Cummtngs referred to the discussions held by Council previously
o~erning the former Peninsula Iron Works pLul~rty on Glenholme Avenue, and
indicated that he %D{lld like to =ec further action taken on this matter at an
early date. The Chief A~inistrative officer indicated that the City was
waiting for-the cwnar to subnit a site plan of the prc~wrty hefore further
aotl~l could take place. ..
- ll -
PPOINTM~T TO ONTARIO MUNICIPAL BOARD - MAYOR ROSENBURG, KITCHENER
Aidera Puttick requested that he be shown on record as opposing the
ap[x)intment by the Province of Mayor Rosenburg of Kitchener to the Ontario
~icipal Board. It was moved by Aldem Puttick, seconded by Alderman
~unmings, that the matter be referred to staff for further information. The
~tion Carried with the following vote:
lYE: Aldermen Chees~aan, Curratings, Dilta, Fera, Baker, Janvary, Puttick, Kerrio
and Somerville.
~YE: Aldermen Merrett and Orr.
It was moved by Alderman Merrett, seconded by Alderman Cu~nings, that the
eeting adjourn to Ccem~ittee of the Whole. Unanimously.
AND ADO #
Oal,,~ttee Rocm #1
September 27, 1982
Council met On Monday, September 27, 1982, following a regular meeting, in
[(remittee of the ~hole. All metalbets of Council were present with the exception
Aldermen Chse~m~n, Fera and Sehisler. Alderman Orr presided as Chairman.
Following consideration of the items presented, the Comnittee of the ~hole
~se without reporting.
MAYOR WAYNE THOMSON
Council Chambers
September 27, 1982
council reconvaned in formal session on Monday, September 27, 1982
bllowing a meeting in C~amdttee of the Whole. All members of Council were
The met jag adjourned.
THIRTY-FIRST ~F~ETING
Council Chambers
October 4, 1982
SP[X]IAL MEETING
Council met in formal session on Monday, October 4, 1982, follc~qing a
General Cc~mittee session. All members of Council were present with the
exception of Alderman Orr. His Worship, Mayor Thc~sun presided as Chairman.
RATIFICATION OF GENERAL O~'Fi'~ DECISIONS
Report No. 595 - Chief Ad~/nistrative Officer - Re: Site Plan Approval,
Proposed 30 Unit TOwnhousing by Creson DeveloE~_nts, Block A, Registered Plan
M-85, South Side of Schofield Road. The report recc~mends that Council make a
decision either to approve the site plan that was recc~mended to Council on
August 16th, 1982 in a report frcm the Director Of Buildings and Inspections and
the Chief Administrative Officer, or advise the owner of the above property of
what valid site planning changes the Council wishes the owner to make to the
site plan.
Report No. 596 - Chief Administrative Officer - Re: Site Plan Approval,
' Proposed 30 Unit Townhousing by Creson Develol~ente Block A, Registered Plan
M-85 Schofield Road (S/E Corner Schofield Road and Olden Avenue). Tne report
recc~mBnds that Council request the cwner to make the following changes to the
Site Plan previously suh~litted to the City in order ~/lat Site Plan Approval can
be given: 1 ) Provide fast growin~g trees Of a fair size and type along the
majority of the north limit of the site and placed primarily at the rear of the
units facing the single family lots; and 2) Provide several additional
parking spaces on the site by renoving scme of the proposed landscaping if found
. necessary (note: the develoEment currently provides parking over and above the
requirement of the zoning by-law).
Report No. 628 - Chief Administrative Officer - Re: Proposed 30 Unit Townhousing
by Creson DeveloEm~nts - Block A, Registered Plan M-85, Schofield Road. The
report provides information on the "building footings" and the "subdivision
sign" issues that had been raised and discussed at previous meetings of Council
dealing with the subject matter.
C(mmunication No. 338 - Creson Investments Limited - Re.' Proposed 30 Unit
Townhouses Block A, Registered Plan M-85, Schofield Road. The communication
indicates that providing Council will settle the subject site plan inmediately
and issue a building permit, the developer will agree to providing fast-growing
trees behind certain townhouses - the number and size to be agreed ~pon by the
Planning Department and the firm, and providing several additional parking
spaces the nu~r and location to be agreed upon by the Planning Department and
the firm. The communication further advises that the firm agrees with the Site
Plan Technical Cfa,.~Httee that the four proposals outlined on page two of a leter
f~m the Building & Develolmnent Department are inappropriate.
·Ccmmunication NO. 339 - Creson Investments Limited - Re: Proposed 30 Unit
T0wnhouses Block A, Registered Plan M-85, South side of Schofield Road. The
cumunication requests approval of the site plan as suk~nitted and as specified
in Ccr~u~ication No. 338 (Letter frc~n Creson Investments Limited dated
Septenber 27, 1982), and that Council agree to the request for the [basing of
servicing for the reining lots on Schofield Road. The eax,,~nicatic~ further
indicates that the firm is prepared to discuss or follow the recu~tendation of
Council regarding th~ possible six units to be made available for subsidized
~ housing.
~ 0RD~RED on the motion of Alderman Janvary, seconded by Alderman Kerrio, that the
re~3rt of August 16th, 1982 (Report No. 508), be approved subject to.' the
- deletion of Clause "C" on Page 2, as amended by the report dated September 27th,
' 1982 (Report No 596). an undertaking to be provided by the developer for
fencing on the ~th ~ide of the proposal; an undertaking to be provided by the
developer that he will approve of the M~nlicipality making application to
Provincial Officials for the deletion of subsidized busing frcm the project;
and the developer enteriag into a suitable site plan agreemelt ara the provision
of fencing c~ the north side of the project, terminating at the west side of
Lot 13. The motion Carried with Alderman Cumiz~js voting contrary, and all
others voting in fayour.
0~ERED on the motion of Alderman Baker, seconded by Aldenram Kerrio, that
8action "C" of the report of A~gust 16th, 1982 (Report No. 508}, reccm~ending
that satisfactory arrangements in regards to the servicing of the site be
-2~
approved by the City of Niagara Falls Engineering Department which will include
an amendment to the subdividers agreement for Registered Plan M-85, be approved.
The motion Carried with the following vote:
AYE: Aldermen Cheesman, Baker, Janvary, Merrett, Puttick, Schisler and Karrio.
NAYE: Aldermen Cun~ings, Dilts and Fera.
Report No. 629 - Chief Administrative Officer - Re: Pedestrian Walkways and
~nergency Access Routes. The report res: 1) That Walkway No. 81(3) frcm
Cattell Drive southerly to Tramore Crescent be closed and that Walkway No. 81(4)
frc~n Galt Crescent northerly to the school remain open; 2 ) That Walkway No.
81(5) fr~ Putlong Avenue westerly to the future subdivision are be retained;
3) That WaLkway No. 48(2) frc~n Village Crescent Westerly to Frontenac Street and
the future Walkway No. 48(3) frcm Frontenac Street southerly to M~T~od Road be'
closed; 4) That Walkway No. 74(1) from Buckingham Drive Westerly to the
Multi-family blocks A and C be closed; 5) that Walkway No. 74(2) frfn Kensington
Court southerly to Cumberland Court be left open; 6) that Walkway No. 74(4) frcm
Fairfield Place easterly to the park area remain open and this wslkway be
referred to the Walkways Cul.~dttee for rene~ial action; and 7) that Walkway No.
74(5) frc~n Devon Drive southerly to Badan Pewell Park be left open and referred
to the Walkway C~,,,attes for renedial action.
ORDERED on the mDtion of Alderman Janvary, seconded by Alderman Cheesman, that
the rec~.lendations for Walkways 81(3), 81(4), 81(5), 48(2), (48(3), 74(1),
(74(2) (74(3) and 74(4), be adopted. The nution Carried with the follcwing
vote:
AYE: Aldermen Cheesman, Dilte, Fera, Baker, Janvary, Merrett, Puttick, Kerrio
and Scmerville.
NAYE.. Aldermen Cummings and Schisler.
ORIF_aED on the motion Of Alderman Merrett, seconded by Alderman Dilts, that the
recu.~endation for Walkway 74(5) be adopted. The motion Carried with the
following vote:
AYE: Aldermen Dilts, Fera, Baker, Janvary, Merrett, Puttick, Kerrio and
Scmerville.
NAYE: Aldermen Chessman1, C~u,lta~lg8 end Schisler.
C~,,,unication No. 340 - Regional Municipality of Niagara - Re.. Request for
Exut[hion frc~n Retail Business Holidays A=t. The c~amunication requests that
Council further consider the objections of certain businesses in the Downtown
area to the request for an ex~[Lion of that area from the provisions of the
Retail Business Holidays Act, and also the request of Miracle Food Mart-at 5175
Victoria Avenue for an exemption.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Kerrio, that the
c~,~unicetion be referred to the Downtown Board to hold a meeting ~with Downtc~n
merchants in order to reach a concensus regarding Sunday and holiday Istore
hours. Carried Unanimously.
Oa,,~unication No. 341 - Mr. B. Lowe- Re.. Special Occasion Permit. The
cca~,.mication requests approval of a special occasion permit to be operated in
c~njunction with a hockey tournament at the Stamford Memorial Arena (m October
29, 30 and 31, 1982.
ORDERED on the i~tion of Alderman Merrstt, seconded by Alderman Cheasman, that
the request be approved subject to established .policy. Carried Unanimously.
See Resolution #96
C~,~unication No. 342 - Volunteer Bureau - Re.- Cdl.~unity Awareness Month. The
oa,,,~nicetion advises that the Volunteer Bureau cannot co-ordinate C~a,,,uni~y
Awareness M~th this year.
ORdeRED on the ,~u~ion of Aldernmn Somerville, seconded by Alderm~n Cheasman,
that the c~,.~unicatic~ be received and filed. Carried Unanimously.
C~.,unication No. 343 - Mr. G. Calvin G. Jones - Re: Operation Gold. The
c~,~,~nication requests endorsement of the "Operation Gold" progrin to protest
Canada Post' s postal rate hike which went into effect January 1, 1982.
ORDERED on the ~lo~. of Alderman Cheamren. seconded by Alderman Puttick, that
the oa,~unicatic~ be received and file~.. Carried Unanimously.
C~,.,unication No. 344 - Revenue Canada, Cust~a.e and Excise - Re~ Rainbow Bridge.
The ~.,~unicatic~ advises that every effort will be made to prevet any undue _
delays in traffic c~ the ~ Bridge as a result of the te}~orary closing of
the Mlirlpool Rapids Bridge. · *
OPaER~3 on the motion of Alderm~n C~m~gs, seconded by Alderman Somerville,
that the cc~municati(m be received an~ filed. Carried Unan/mously.
T
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Cu~unication No. 345 - Niagara Transit - Re: Falls Express. The cfmnunication
advises that a profit has been realized on the new tourist service from Lundy's
Lane end Garner Road to Table Rock.
ORDERED on the notion of Alderman ~gs, seconded by Alderman Cheesman, that
the oal~unication be received and filed. Carried Unanin~usly.
Report No. 640 - Chief Administrative Officer - Re: City of Niagara Falls
HOusing Statement. The report reo3Tmends that Council peruse the Housing
Statement and deal with same at the October 12th, 1982 Council meeting.
ORDERED on the motion of Alderman Cunmings, seconded by Alderman Baker, that the
matter be dealt with at the October 12th, 1982 Council n~eting. Carried
Unanhrously. ..
Report No. 641 - Chief Administrative Officer - Re: Seminar for Ontario
Planners, Trends & New Perspectives in Planning. The report recomneafls that the
Senior Planner be authorized to attend the Seminar for Ontario Planners to be
held in Toronto, October 18 and 19, 1982.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Cheesman,
that the report be received and adopted. Carried UnaninDusly.
Report No. 642 - Chief Administrative Officer - Re: Proposed Senior Citizens
Project - LaResidence "Joie de Vivre" Ltd., Private Non-Profit Project,
Mr. H. deCotret. The report provides information on efforts by Mr. H. deCotret
in the planning of a proposed senior citizens housing project.
0R[ERED On the motion of Alderman Janvary, seconded by Alderman Baker, that
Council congratulate the proponents of the project and indicate its endorsenest
of the project. Carried Unanimously.
Report No. 643 - Chief Administrative Officer - Re: Ontario Neighbourhood
Improvenent Program - Chippaw~ Area. The report recc~nends inclusion of the
' following projects in the Ontario Neighbourhood I~orovement Program
' RedeveloE~ent Plan for the Chippaws Area: SOft Services - Peterson's Workshop
$11,050, Lions Park - $12,300, Library - $21,650; Hard Services - Sidewalk
Repairs for Main and Thc~as Streets - $27,500, Sanitary Sewer - $152,500; and
Administration - $25,000 for a total of $250,000.00.
ORDERED on the motion of Alderman Scmerville, seconded by Alderman Chessman,
that the report be received and adopted, and that the Municipal Works Cc~nittee
be asked to consider the relocation of the weter standpipe behind the Chippawa
Library. Carried Unanimously.
Report No. 644 - Chief Administrative Officer - Re: Lot 9, Plan M-67, Falls
z Industrial Park Extension. The report reea~ends approval of a Request for
Reserve frc~ Mr. Frank Certo on Lot 9, Plan M-67.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
Report No. 645 - Director of Recreation - Re: Maple Leaf Village Man-A-Mile
Relay Race. The report advises that the Man-A-Mile Relay Race will be held on
Monday, October 11, 1982 from St. Catharines City Hall to Maple Leaf Village.
ORDERED on the ~m3tion of Alderman Ckmmings, seconded by Alderman Janvary, that
the report be received and filed. Carried Unanimously.
emmunication No. 346 - Mac. A.A. MacBain, ~ - Re.. Proposed Federal/Provincial
Sub Agreement for Tourien DeveloEm~nt. The c(xeunicatien advises that the
subject agreement is in the proposal stages at this time, and in the event a new
sub agreement is to be ratified, it will be insisted that the GOlden Horseshoe
be included.
0RDFaED on the m~tion of Alderman Chessman, seconded by Alderman Cunmings, that
the c~unication be received and filed. Carried Unanimously.
N0. 96 - MERB~-~T - CP~ESMAN - RESOLVED that the Regency Hockey Team be granted
Permissiel to conduct a beer concession in conjunction with their hockey
tournament on October 29, 30 and 31, 1982 at Stamford Memorial Arena, subject to
the approval of the Niagara Fagieaal Police, the Niagara Falls Fire Department,
the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND
the Seal of the Corl~Eation be hereto affixed.
Carried Unanimously
-4-
ORDERED On the motion of Alderman Dilts, seconded by Alderman Baker, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
ti~e:
No. 82-221 - A By-law to authorize an agreement with ChaEmBn Murray Associates,
Architects, for architectural services in connection with the
construction of additions and alterations to the Core Building.
No. 82-222 - A By-law to authorize an agreement with Miller, O'Dell and Paul
Urban and Rural Planning Consultants Inc.
Carried Unanimously
ORDERED On the motion of Alderman CunmLings, seconded by Alderman Dilts, that the
following by-laws be now read a second and third t/me:
No. 82-221 - A By-law to authorize an agreement With ChalmBn Murray Associates,
Architects, for architectural services in coanection With the
construction of additions and alterations to the Core Building.
No. 82-222 - A By-law to authorize an agreenent with Miller, O'Dell and Paul
Urban and Rural Planning Consultants Inc.
Carried Unanimously
Alderman Dilts reminded members of Council that the Municipal Works
Committee meeting on October 5, 1982, would be held at the Municipal Service
Centre.
It wss moved by Alderman Somerville, seconded by Alderman Baker, that
improvements to the UniOn Marsh Drain be referred to the Municipal Works
Cxmmittee for study. Carried Ulmnim0usly.
MDLSON SL0-PI~CH T(MgRNA~lqT TRTRVISION ODVERAGE
Alderman C~maings reninded n~,Lers of Council that a five minute feature on
the N.H.L. SloPitch Tournamelt %Duld be sen cn Saturday, October~ 9th dUring the
Hockey Night in Canada telecast.
R~INDER - FINANCE I~'I'iNG
Alderman Cheesman advised n~mbers of Council that there would ,~ a meeting
of the F/nance CuL,~dttee on October 6, 1982. :,
ORDERED On the motio~l of Alderman Fera, s~conded by Alderman Dilts, that
the meeting adjourn.
THIRTY-SECOND ~[ZTING
COMMITTEE OF THE WHOLE
Conmittee Room#1
October 12, 1982
Council met on Tuesday, October 12, 1982 at 7:25 p.m., in Conmittee of the
Whole. All members of Council were present. Alderman Puttick presidedes
Chaim.
Following consideration Of the items presented, the Conmittee of the Whole
arose Without reporting. ~a4~a
R~ ME~TING
MAYOR ~AYNE THOMSON
Council Chambers
October 12, 1982
Council met on Tuesday, October 12, 1982 at 7:30 p.m. for the purpose of
considering general business. All members ofCouncil were present. His
Worship, MaYor ThomsonpresidedasChairman. Alderman Puttickoffered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED On the motion Of Alderman Fera, seconded by Alderman Cunmings,
that the minutes of the meeting of September 13, 1982, be adopted as printed.
Carried Unanimously.
PRESMqTATION OF RETIR[MENT Wh~C~4ES
His Worship, Mayor ThcmsOn presented retirement watches to Mr. B. Cardannne
who retired fr~n the Municipal Service Centre after thirty years of service;
Mr. L. Misita who retired fr~n the Sewer Department after seventeen years of
service; and Mr. J. StephensOn who retired frun the Engineering Department after
sixteen years of service.
PRESENTATION OF 25-YFAR PLAQUE
His Worship, Mayor Thcmsc~ presented a 25-year Plaque to Mr. G. Caracci of
the Sanitation Department, who will have conpleted twenty-five years of service
with the Municipality this mc~th. =
DEPUTATIONS
Mrs. J. Byart of 6572 Pitton Road was granted permissiOn to address Council
on the motion of AIde C~,~,~ngs, seconded by Alderman Kerrio. Mrs. Byart
expressed concern regarding - dogs barking constantly by her house twenty-four
hours a day; cats and dogs wandering at large, urinating end dafacating cn
lawns, fences, windows, etc.; dogs With and Without leashes allowed to relieve
themselves on lawns and boulevards; dog excrement in a u~apost heap next door to
her home causing flies and cdour. Mrs. Byart stated that On one occasim she
and her husband counted eight cats in their beckyard. Because of the age of her
young children, Mrs. Byart was very concerned over the possible health hazard
caused by the dog excrement. Calls to the Humane Society, Police and Health
Unit had met with little action. Mrs. Byart pointed out that she an~ her
husband had invested a considerable ~mount of time end money inproving their
home, and the problems outlined made enjoyment of their home difficult.
Mrs.. Byart provided additional informatiOn in reelsnee to queatione raised by
Aldernmn Puttick.
[ 14
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Mayor Thc~nson pointed out that this w~s the first time the matter had been
brought to Council's attention, and suggested that it be referred to staff for
investigation end report back at the next regular n~eting. Mrs. Byart indicated
that she was agreeable to this suggestion.
Follf~Ning further cu,uent, it was moved by Alderman Dilts, seconded by
Alderman Cheesman, that the matter be referred to staff for a report in two
weeks. Carried Unaninx3usly.
The following item was brought forward for consideratic~ at this time.
Report No. 646 - Finance C<~,,.~ttee - Re: Niagara Frontier Humane Society. The
report rec~,,lends that Council consider for approval the draft agreement with
the Niagara Frontier H~ane Society for the new premises in the Falls Industrial
Park.
ORDERED on the raotion of Alderman Puttick, seconded by Alderman Cheesman, that
the report be received and adopted. The notica Carried with the following vote:
AYE: Aldermen Chees~an, Fera, Baker, Janvary, Orr, Puttick, Schisler, Kerrio
and Somerville.
NAYE.. Aldermen Cummings, Dilts and Merrett.
UNFINISHED BUSINESS
M~TRIiC CONVERSION
the City of Niagara Falls ceiling for a hold c~ any further metric ocnversion
activity in Canada.
ORDERED on the motion of Alderman Dilts, seconded by Alderman C~mmlings, that the
cul.lunication be received and filed. Carried Unanimously.
CITY OF NIAGARA F~,TLq HOUSING STAT~v~I~T
Report No. 647 - Chief Administrative Officer - The report recfram~nds that the
Housing State~M}nt be approved for transmittal to the Ministry of Municipal
~fairs & Housing for consideration and approval, and that copies be supplied to
the Regional Municipality of Niagara, Canada Mortgage & Housing Corporation and
local agencies with an interest in the City' s Housing Policiqs.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the
report be received and adopted, and a copy forwarded to the Social Planning
Council fo~ infornmtion. Carried Unanimously.
CRESON INVESTM~qPS IJ/~ITm 30 UNIT MOUSING SITE PLAN
Baport NO. 648 - Chief Adaninistrative Officer - The report advises of the
revised site plan suetted ~lich includes the changes adopted by City Council
on October 4, 1982.
ORDERED On the motion of Alderman Baker, seconded by Alder~kln Kerrio, that the
revised site plan be approved. The motion Carried with Alderman Cunmings Voting
contrary, and all others voting in fayour.
COFM/qICATIONS
NO. 348 - Mr. V.L. Freidin, Counsel to the C~,,,assion - Re, CxaL,Lassion to
Conduct an Inquiry into Fire Safety in Highrise Buildings in OntariO. The
C~a,,eunicetion advises that written submissions to the Cca~.,~ssiO~ should be filed
on or before Octoker 30, 1982.
ORDerED On the i~Dkion Of Alderman CheekTan, seconded by Alderman Dilte, that the
cu,.,unicati~ be referred to the Fire Chief f~r eminent. Carried Unanimously.
Ho. 349 - Association of Municipalities of Ontario - Re$ Ad Hoc C~,,.]ttee of
Municiralities Concerned with Improving Regiorml Goverrmmnt. The cu,~mmication
provides infor~mtion from the subject cul,l~ttee designed to generate debate
bet~=_--~ all levels of goveri~,-.~L Which are both directly affected by regiS1
govek'im~nt and Which have a say in determining the structures of local
-3 -
NO. 350 - Regional Municipality of Niagara - Re: Water and Sewage Flows by
Municipality for August, 1982. The cc~aunication provides a c~ison of water
and sewage flus by nunicipality for the mnth of August 1982 and 1981, as well
as the five year average for 1977 to 1981.
ORDERED on the rotion of Aldernk~n Cun~gs, seconded by Alderman Baker, that the
report be received and filed. Carried Unanimously.
No. 351 - Niagara Farms JUnior "B' Canucks - Re: Use of Blue Line Room. The
cc~ae/nication requests use of the Blue Line Roc~ at the Niagara Falls Arena cn
the nights of scheduled games.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Cun~gs, that the
cc/lulunicetion be referred to staff and the Finance Co~nittee to determine costs
involved. Carried Unanimously.
No. 352 - Main & Ferry Business Association - Re: Exemption under Retail
Business Holidays Act. The cc~municetion requests that the Main & Ferry
business area be exemIoted frcm the provisions of the Retail Business Holidays
Act.
Mayor Thc~eon suggested that the request be dealt with at the same time as
the request fr~ the D~wntc~al area for an exemption, so that the City will be
consistent in its decisions. In response to a question raised by Alderman
Janvary, Mayor Thomson felt that both the Dcx~ntown and Main & Ferry Boards
should be in attendance when the matter is discussed in order to provide any
additional information Council might require.
ORDERED on the n~Dtion of Alderman Chees~ln, seconded by Alderman Sc~_rville,
that the matter be tabled until such time as the exemptic~ for the D~wntown area
is considered again by Council. Carried Unaninrmsly.
No. 353 - Ministry of Energy - Re: Municipal Oil Conversio~ and Energy
Conservation Program. The communication advises that financial assistance is
now available under phase two of the program to help nunicipalities carry out
additional energy conservation projects in existing facilities.
ORDERED on the ~Dtion of Aldernkln Cumgs, seconded by Aldernknn Fera, that the
ccr~cation be referred to staff for co~a~ents. Carried Unanimously.
No. 354 - Ministry of Municipal Affairs & Housing - Re: Ontario Municipal
Training Program for 1983. The cc~wnunicetion advises that the Ontario Municipal
T~aining Progem for 1983 will again be offered to assist municipalities in
attracting and developing qualified candidates for future management positions
and to provide direct, meaningful experience to recent graduates of coures of
study related to local government.
ORDERED On the motion of Alderman Fera, seconded by Alderman Cumgs, that the
c~'~,unication be referred to staff for the preparation of a report. Carried
Unanimously. ·
No. 355 - Mr. & Mrs. S. Rossi - Re: Schofield Street Townhousing Project. The
ccmmmicatiou extends appreciation to the Mayor, Council, City Solicitor and
Chief Administrative Officer for the time spent working with residents to arrive
at a reasonable and acceptable solution to the problem.
ORDERED on the motion of Alderman Ctmmings, seconded by Alderman Dilts, that the
c~m,unication be received and filed. Carried Unanimously.
No. 356 - Regional Municipalitydof Niagara - Re.' Portage Road Bridge over HEPC
Canal. The cca,.$unication prov es information frcm the M.T.C. concerning
subsidies and from the Region's consulting engineers concerning t~odated cost
estimates.
Alderman Dilts suggested that Council deal with the totter rather than
refer it to the Municipal Works C~.~ttee for discussion. Mayor Thomson pointed
Out that there had been various individuals interested in this matter over the
years, and it would be unfair for Council to deal with the rottar without
notifying these parsons and giving them an opportunity to be p~esent during the
discussions.
ORDERED on the motion of Alderman Dilts, seconded by AIde/linen Chessman, that the
matter be referred to the Municipal Works Crmmittee, that persons previously
expressing an interest in the matter be notified of the meeting, and that it be
reported back to Council at its November 1, 1982 meeting. Carried Unanimously.
governm~t. No. 357 - b~ederation of Canadian Municipalities - Re.' Additional Me~3ership Fee.
ORDERED On the motion of Alderman Fera, sec0~ by Alderman Dilts, that the The oa,.,un~catiOn advises of an additional membership fee for 1982-83 in the
eus ion at a future General C~a,~k~ttee eessio~ amount of $247.70.
gove~i~i~it. Carried Unanimously. ~ '
,{
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Alderman Puttick expressed concern over the increased fee, and questioned
the services the City receives in return for the membership fee. For this
reason, the Alderman felt the matter should be tabled and reviewed by the
Finance Committee.
Mayor Thcrason advised that the Federation is the c~ly vehicle the City has
in dealing with the Federal and Provincial Governments, and if ties were broken
with the Federation, municipalities ~Duld lose their liaison with the senior
levels of government.
Following further consideration, it was moved by Alderman Puttick, seconded
by Alderman Ctmlmings, that the cu,eeunicatien be tabled, and referred to the
Finance C~l,lattee to review the services received in return for the membership
fee. The motion was Defeated with the following vote:
AYE: Alden Ckmlnings, Puttick, Schisler end Kerrio.
NAYE: Aldermen Cheesmml, Dilts, Fera, Baker, Janvary, Merrett, OrE and
Scmerville.
It was then mDved by Alderman Cheesman, seconded by Alderman Baker, that
the additional raembership fee be paid. The motion Carried with the following
vote:
AYE: Aldermen Cheesman, Dilts, Fera, Baker, Janvary, Merrett, Orr and
Scmerville.
NAYE: Aldezlaen C~Latangs, Puttick, Schisler end Kerrio.
No. 358 - Association for Early Childhood Education - Re: Week of the Child.
The oa,~,unieation requests that the week of October 23 - 30, 1982, be proclaimed
as Week of the Child.
ORDERED On the nrfcion Of Alderman Janvary, seconded by Alderman Currulings, that
the request be approved subject to established policy. Carried Unanimously.
No. 359 - United Nations Association - Re: Observance of Halloween. The
cka,.,unication requests that Halloween be observed on Saturday, October 30th,
1982.
In response to a question raised, the Chief Administrative Officer advised
that staff had previously r~ed that Hallcween be observed on October 31st
after checking with the head UNICEF Office in Toronto to determine which day
that organization would be observing as Halleween.
ORDERED on the hiltion Of Alderman Cunlnings, seconded by Alderman Orr, that
Halloween be observed on Saturday, October 30, 1982 in Niagara Falls. Carried
Unanimously.
No. 649 - Chief Administrative Officer - Re: Official Plan Amendment No. 128 and
Zoning Amendment AM-l/81, L. Fiorentino, Ottawa Avenue. The report recommends
approval of the application subject to staff making the required changes to the
araending zoning by-law where required to ac<x~Ludate the intent of the project
as shown and subject to Sits Plan Control. -
Mr. D. McDonald, solicitor for the applicant, explained that the intent of
the application was to re~ove an existing non-conforming use (a poultry proces-
sing plant no longer in operation), end replace it with a four-unit town house
develotm~nt. Since the ourrent zoning csl the property is residential allowing
single detached hcmes, Mr. McDonald felt the proEDsal was not a significant
variation fran the existing use, and by re~ovixlg the existialg building~ the
proposal would be a marked ~provement over the property's l~fesent ~ance.
In response to a nunbet of questions raised, Mr. McDonald advised that the
repair of autanobiles has been carried ou at the property for a ntmnber of years.
The existing building was not used for cka~,~ercial storage, and there was no one
living in any part of the building.
Aldermen Puttick end Merrett expressed ooncern over the effect that
additional parking would have on the other residents of Ottawa Avenue. Since
there would be four units, it was pointed out that there would not only be the
vehicles owned b~ the residents, but visitors as well, and parking was already a
problem ou this street.
Far. J. Collucci, speaking ou behalf of area residents, indicated that the
residents were opmsed to the proposed applicatic~ for town housing. It was
suggested that the rezoning would replace an existing non-o0~forming use with
another non-co~formin~ use. Concern was also expressed about the parking
sitcatio~, and Mr. Ogllucci indicated that the residents did not ~mt the
residential nature of the area to change; ,
-5-
Follewing further c(mlnent, it was move] by Aldem~n Puttick, seconded by
Alderman Fera, that the application be denied. The notion Carried with Alderman
Baker voting contrary, and all others voting in layout.
It was then moved by Alderman Puttick, seconded by Alderman Merrett, that
staff be asked to submit a report on the condition of the property and the
activities being carried on there. Carried Unanimously.
No. 650 - Chief Administrative Officer - Re: AM-7/82, Restricted Area By-law No.
82-115 - Proposed Monunent at Bulgarian Orthodox Church. The report advises
that the Ontario Municipal Board has approved the subject zoni~ amendment
by-law.
ORDERED on the motion of Alderman CunlRings, seconded by Alderman Janvary, that
the report be received and filed. Carried Unanimously.
No. 651 - Chief Administrative Officer - Re: Zoning By-law 79-200 As Amended by
By-laws 80-4, 81-182 and 81-179, and Site Plan Control Areas under Section 35A
of The Planning Act. The report recc~a~ends passage of two by-laws making
certain changes in the designation of site plan control are as a result of the
passing of By-laws 80-4, 81-182 and 81-179.
ORDERED on the motion of Alderman Cun~nings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 652 - Chief Administrative Officer - Re: Request for Release Lot 35, Plan
M-14, 7575 Rainbow Crescent. The report reconlaends passage of a by-law to
authorize a release of Lot 35, Registered Plan M-14 frcra the provisions of a
subdivision agreesdent between the City and Paramount Properties Company dated
August 6th, 1974 and registered as Instrunent No. 222911.
ORDERED on the motion of Alderman Chee~nan, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See By-law 82T226
No. 653 - Chief Administrative Officer - Re: Request for Release Lot 47, Plan
M-29, 2663 Olden Avenue. The report recommends passage of a by-law to authorize
a release of Lot 47, Plan M-29 frc~a the provisions of a subdivision agreement
dated the 20th day of November, 1974 and registered the 30th day of April, 1975
as Instrtlrent No. 232482, as eunended by an agreement dated the 29th day of
August, 1975 and registered the 1st day of October, 1975 an Instr~nant No.
LT-2013 for Registered Plan M-29.
ORDERED on the notion of Alderman Cheesman, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See By-law 82-227
No. 654 - Chief Administrative Officer - Re: Designation of Laura Secord House
Under Provisions of the Ontario Heritage Act. The report rec~,i~ends that staff
be authorized to c~,,lence the procedure for designating the proparty known as
"Laura Secord HOUse" as an architecturally and historically significant property
under the provisions of the Ontario Heritage Act.
ORDERED on the motion of Alderman Cun~ings, seconded by Alderman Chsesman, that
the report be received and adopted. Carried Unanimously.
No. 655 - Chief Administrative Officer - Re: Contract S.S. 24-82, Sanitary Sewer
Installation on Elgin Street frce Stanton Avenue to Terrace Avenue and on
Terrace Avenue frc~ Leader Lane to Buttrey Street. The report reds
acceptance of the unit prices suhaitted by Blairick L/mited for the subject
contract.
ORDERED On the motion of Alderman Janvary, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See Resolution #97
See By-law 82-2~'4'
No. 656 - Chief Administrative Officer - Re: School Crossing Guards. The report
reccnmBnds that the placement of a schcol crossing guard on Bridge Street at
Fourth Avenue be ratified.
ORDERED on the motion of Alderman Marrett, seconded by Alderman C~nings, that
the report be received and adopted and that the individuals involved be notified
accordingly. Carried Unanimously.
No. 657 - Chief Administrative Officer - Re: ~d Park Village - Phase I
Base Asphalt Paving - Increase in Letter of Credit. The report reca,,~endss
1) That the City award Seetiou A of Contract R.C. 20-82 to the low tenderer
-6-
(Steed & Evans) for the base asphalt construction; 2) That the cost of the base
asi~lalt ($20,312 tendered price plus engineering) be financed frcm the existing
Letters of Credit the Developer has on deposit with the City; end 3 ) That the
agreement between the City and Ten Partners Develolmnent Limited, registered as
LT-13488 be amended to read "that should Ten Partners Development Limited not
increase the Letter of Credit from DrlmFe0~d Park Village - Phase I (Plen M-77)
k~y March 1, 1983, by an amount of $60,687.09, or the then estimated deficit to
construct the remaining services within Phase I of Plan M-77, whichever is the
greater, the City will decrease its co~nitment contained in the above-referenced
Agreement by an amcunt equal to the estimated deficit".
ORDERED on the motio~ of Alderman Ctm~lings, seconded by Alderman Baker, that the
report be received end adopted. Carried Unanimously.
No. 658 - Municipal Works Cc~ttee - Re: Backyard Catchbasin frcm Lots 131 and
132 on Woodgate Street. The re[oft recc~ends that the City accept 75% of the
cost up to a maximun of $1500 for relocating the storm se~er lead fr~n the
backyard catchbasin located between Lots 131 & 132, registered Plen ~29, to the
front property line and the City to accept 100% of the cost of installing the
storm sewer lateral on the City road allowance.
Alderman Fera felt it w-us not fair that the property cwnef involved should
have to accept any responsibility for the cost of the work, since ha had been
told by City staff that there would be no conflicts in purchasing the property
and building c~ the location he had chosen (centre of the two lots).
In response to a question raised by Alderman Puttick, the Director of
Municipal Works advised that a plan showing the location of the storm sewer lead
frcm the backyard catchbasin had bern sent to the Building Department and ware
available at the time the owner ob~{ned his building [~rmit.
Follc~ring further oal,le~t, it was moved by Alderman Fera, seconded by
Alderman Puttick, that the City acce~t 100% of the cost for telcoating the store
sewer lead frcm the backyard catchbasin located between Lots 131 & 132,
registered Plan M-29 to the front property line, and that the report, as
amended, be received and adopted. The nDtion Carried with the following vote:
AYE: Aldermen Chsesman, Cunm~ngs, Dilta, Fera, Janvary, Merrett, Orr, Puttick,
Kerrio and ScT~erville.
NAYE.. Aldermen Baker and Schisler.
No. 659 - Municipal Works C~,attes - Re: Whirlpool Road Bridge over HEPC Canal
- Tender for Demolition. The report reoal,~ends that authorizati(~n be granted to
proceed with the tender call oc~,nencing on October 8, 1982 for the demolition of
the Whirlpool Road Bridge over the HEPC Canal. ~
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 660 - Municipal Works C~,~uLttee - Re: Take Home Vehicles - Municipal Service
Centre. The report reoa,eeends adoption of various reoa~,,endations of the Chief
Administrative Officer with respect to the practice of take hcme City vehicles
utilized at the Municipal Service Centre.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cuegs, that the
report be received and adopted. Carried Unanimously.
No. 661 - MUnicipal Works Cca~Jttee - Res Koabel Road. The report reo~alends
the Streets Department be authorized to i~prove the base road on Koabel Road
frcm Willowdell Road to Montrose Road by adding approximately 1' of granular
material this fall and funds he put in the 1983 budget to surface this roadway.
O~ on the xl~Lion of Alderman Chse~nan, seconded by Alderman Sc~nerville,
that the report be received and adopted. Carried Unanimously.
No. 662 - Municipal Works C~a,,,a ttes - Re: Asphalt Repairs - Running Track, ~kes
Park. The report recu,,,epas that Steed & Evans Limited be authorized to make
repairs to the southeast corner of the Oakes Park Running Track at a cost to the
City of $2,335.00.
ORDERED on the motion of Alderman Ctmmings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
e Municipality of Niagara meet with staff
reprc~entatives of the variou~ area nunicipalities to discuss any Regional
policy with respect to deletio~s or additio~s to the Regional road systen (such
discussion to centre on the question of f/~e ~dition of the roadways ~a%en
deleted or added to the s stem).
ORDerED on the motio~ Of Ederman Dilts, seconded by Alderman Cu~gs, that .the
report be received and adopted. Carried Unanimously.
-7 -
NO. 664 - Municipal Works Cc~mittee - Re: Contract W.I. 23-82, Watermain
Installations on Brc~m & Garner Roads to Cyen~nid Canada Inc. The report
recc~mBnds acceptance of the unit prices submitted by W. Duffin Contracting Ltd.
for the subject contract, and that the difference between the now estimated cost
of an 8" diameter watermain and Cyanamid's deposit of $195,000 be returned to
Cyanamid after completion of the project.
ORDERED on the rotion of Alderman Baker, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Resolution #97
See By-law 82-2"~'
No. 665 - Chief Administrative Officer - Re: Ascot Woods Extn. I Subdivision -
Post Road. The report reco~nends: 1) That the Subdivision Agree~nt for Ascot
Woods Extn. I be amended to exclude the requirement as stipulated in paragraph
5(c) for the construction of roads end side~rdlks as an e~ergency access to the
Ascot Woods Extension I Subdivision, through presently undeveloped lands to the
east of this subdivision and the original Ascot Woods Subdivision; 2) That the
road allowance dedicated to the Municipality for the purposes of the emergency
access re~ain as property of the City of Niagara Falls in accordance with the
conditions of the Subdivision Agreement; 3) As a condition of recc~mendation #1,
the Developers of the AScot Woods Extension I Subdivision be required to deposit
with the City the additional monies estimated as necessary to co~olete the works
required in the subdivision itself in the amount n~w estimated at $29,766.66;
4) that the Developer's request for sidewalk deletions be denied; and 5) That
discussions be initiated with the Developers ]nmediately on the possibility of
constructing all reining road works required in the Subdivision Agreement
during the 1983 construction season.
The Director of Municipal Works advised that the developer had requested
the report be tabled for two weeks.
ORDERED On the motion Of Alderman Cunmdngs, seconded by Alderman Fera, that the
report be tabled for two weeks. Carried Unanimously.
No. 666 - Chief Administrative Officer - Re: Crack Sealing - Various City ~Dad
Surfaces. The report recc[m~nds that staff be authorized to proceed with the
1982 Crack Sealing Program utilizing the services of Road Savers Ltd.
Alderman Puttick expressed his concern over the effectiveness of this
operation. The Director of Municipal Works indicated that the crack sealing
process was a very inexpensive operation for the results achieved.
ORDERED on the motion of Alderman Cunmdngs, seconded by Alderman Orr, that the
report be received and adopted. The motion Carried with Alderman Puttick voting
contrary, end all others voting in layout.
No. 667 - Finance CcMttee - Re: Finance Ccemlittee Reports. The report
rec~l,~ends: 1) That City Council receive and file the commlnication from the
Tcwn of Pelham regarding the resolution f~r a restraint program in view of
recent restraint action taken by the Province of Ontario; 2) That the grant
request of the Willoughby Historical Society be deferred to the 1983 budget
consideration; 3) That Council decline to participate in the Ministries
Enrichraent Progranme sponsored by the Salvation Army.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the
report he received and adopted. The motion Carried with the following vote:
A~: Aldermen Cheesman, Baker, Janvary, Merrett, Orr, Puttick, Schisler,
Kerrio and S~nerville.
~ Aldermen Cummings, Dilts and Fera.
No. 668 - Finance C~l,ij~ttee - Re: Incentive Program for Civic E~ployees - United
Way. The report reoa,~ends that City Council approve an extra five days
vacation to be granted to the winners of the two draws for the City' s United Way
Incentive Program.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the
report he received and adopted. The motion Carried with the following vote:
A~E~ Aldermen Cheesman, Cu~ngs, Dilts, Fera, Baker, Merrett, Puttick, Kerrio
and Somerville.
~___~, Aldermen Janvary, Orr and Schisler.
No. 669 - Finance Ccmwnittee - Re~ Eight Month Statement of Revenue and
Expenditure. The repDrt reflects revelue collections to August 31, 1982 and
Paymelts rode to 8eptenber 7, 1982.
ORDERED on the motion of Alderman Cunm/ngs, seconded by Alderman Merrett, that
the report be received and filed. Carried Unan]3mDusly.
-8-
No. 670 - Chief Administrative Officer - Re: MUnicipal Accounts. The report
recur,tends payment of the nunicipal accounts.
Additional informatic~ was provided On Cheques #12524, #12540, #12565,
#12570, #12571, #12672 and #12726 in response to questions raised.
ORDERED on the nDtion of Alderman Chessman, seconded by Alderman Kerrio, that
the report be received and adopted. Tne motion Carried with Alderman Cunmings
abstaining on a conflict of interest on Cheques #12509 and #12668, Aldermen
Orr and Janvary voting contrary on Cheque #12467, and Alderman Puttick voting
contrary on Cheques #12547 and #12590, and all others voting in fayour.
No. 671 - Chief Administrative Officer - Re: Property Standards By-law 74-204,
Mr. D. Morton, 6527 Culp Street. The report retching_ntis under clause (a) of
sub-section 7.10.4 of By-law 72-204 that the Corporation retain a wrecking
o3ntractor to forthwith complete the work which Mr. Morton was directed to carry
out under the Order given August 18, 1982 and that pursuant to sub-section
7.10.5 of said By-law 74-204, any expense incurred by the Corporation, its
servants or agents in carrying out the work aforesaid be recovered in a like
manner as nunicipal taxes.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 672 - Chief Administrative Officer - Re: Buildings & Inspections Department
Report for September 1982. The report provides current news relative to permit
statistics, develolx~ent proposals and any other roteworthy data that has emerged
during the period covered.
ORDERED on the motion of Alderman Cunmdngs, seconded by Alderman Janvary, that
the report be received and filed. Carried Unanimously.
No. 673 - Chief Administrative Officer - Re~ Schedule of Council Meetings. The
report recur,lends the foll~Ning schedule of Council meetings to ace~,~cdate
election dates: Monday, October 18, 1982 - Cancelled; Monday, October 25, 1982
- Regular Meeting; Monday, November 1, 1982 - R~gular Meeting Called if
Warranted; Monday, November 8, 1982 - Cancelled; Monday, November 15, 1982 -
Regular Meeting.
ORDERED on the motion of Alderman Cunmings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 674 - Chief Administrative Officer - Re: Update of Fire Department Emergency
Paging and Intercc~ System. The report reo~L,~ends that the price of $6,033.50
frem Industro-Serv Electronics Ltd. of St. Catharines be acce[fced to purchase
materials for the Fire Department interstation energency paging and interccm
system. ~
ORDERED On the motion of Alderman Kerrio, seconded by Alderman Merrett, that the
report be received and adopted. Carried Unanimously.
No. 97 - JANVARY - BAKER - RESOLVED that the unit prices submitted by Blairick
Limited for the installation of sanitary sewers on Elgin Street flu. Stantcn
Avenue to Terrace Avenue end on Terrace Avenue from Leader Lane to Buttrey
Street, be accepted at the tendered price of $96,305.66; AND the Seal of the
Corporation he hereto affixed.
Carried Unaninuusly
No. 98 - BAKER - ORR - RESOLVED that the Unit prices submitted by W. Duffin
Contracting Ltd. for watermain installations cn Br~wn and Garner Roads to
Cyanamid Canada Inc., be accepted at the tendered price of $176,834.45; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimously
ORDerED on the mDtion of Alderman Chessman, seconded by Alderman Fera, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first timea
No. 82-223 - A By-law to authorize an agreement with Cha[man Murray
Associates, Architects, for architectural services in eeansetion
with the construction of additions and alterations to the Core
Building.
No. 82-224 - A By-law to designate an area of ]and in the City of Niagara
Falls as a site plan 'ccmtrol area.
-9-
No. 82-225 - A By-law to authorize a release.
No. 82-226 - A By-law to authorize a release.
No. 82-227 - A By-law to ame~d By-law No. 79-204 to designate certain areas in
the City of Niagara Falls as site plan control areas.
No. 82-228 - A By-law to authorize an agreement with Creson Investments
L/raited and Caselot Properties Ltd.
No. 82-229 - A By-law to provide for the adoption of an ~nen~ent to the
Official Plan of the Niagara Falls Planning Area.
No. 82-230 - A By-law to amend By-law No. 79-200, as ~ended.
No. 82-231 - A By-law to designate an area of land in the City of Niagara
Falls as a site plan control area.
No. 82-232 - A By-law to authorize the execution of an agreenent with W.
Duffin Contracting Ltd. for watermain installations on Brown Road
frc~n Garner Road and on Garner Road from Brown Road to Cyanamid
Canada Inc.
No. 82-233 - A By-law to authorize the execution of an agreeneat with Her
Majesty the Queen in Right of Ontario as represented by the
Minister of the Environment.
No. 82-234 - A By-law to authorize the execution of an agreement with Blairick
Linuited for sanitary sewer construction on Elgin Street fr~n
Stanton Avenue to Terrace Avenue and on Terrace Avenue finn
Leader Lane to Buttrey Street.
No. 82-235 - A By-law to authorize agreements with Ten Partners Develorx~ent
Limited.
No. 82-236 - A By-law to provide mnies for general purposes.
Carried with Alderman
Fera voting contrary
on By-law 82-228,
Alderman Cu~nings ab-
staining on By-law
82-236 and voting con-
trary on By-law 82-230
Aldermen Janvary, Orr
and Puttick voting
contrary on By-law
82-236, and all others
voting in fayour.
ORDERED on the nution of Alderman Kerrio, seconded by Alderman Baker, that the
following by-laws be now read a second and third time:
No. 82-223 - A By-law to authorize an agreement with ChaA~nan Murray Associates,
Architects, for architectural services in connection with the
construction of additions and alterations to the Core Building.
No. 82-224 - A By-law to designats an area of land in the City of Niagara
Falls as a site plan control area.
No. 82-225 - A By-law to authorize a release.
No. 82-226 - A By-law to authorize a release.
_No. 82-227 - A By-law to amend By-law No. 79-204 to designate certain areas in
the City of Niagara Falls as site plan control ereas.
_No. 82-228 - A By-law to authorize an agrccs~ont with Creso~ Investmelts
Limited and Caselot Properties Ltd.
f
L
- 10 -
No. 82-230 - A By-law to amend By-law No. 79-200, as amended.
No. 82-231 - A By-law to designate an area of land in the City of Niagara
Falls as a site plan control area.
No. 82-232 - A By-law to authorize the execution of an agreement with W.
Duffin COntracting Ltd. for watermain installations ~n Brown Road
frcm Garner Road and cm~ Garner Road from Brown Road to Cyanamid
Canada Inc.
No. 82-233 - A By-law to authorize the execution of an agreement with Her
Majesty the Quee~ in Right of Ontario as represented by the
Minister of the Enviroranent.
No. 82-234 - A By-law to authorize the execution of an agreenent With Blairick
Limited for sanitary sewer construction ~n Elgin Street frcm
Stanton Avenue to Terrace Avenue and on Terrace Avenue frcm
Leader Lane to Buttrey Street.
No. 82-235 - A By-law to authorize agreements with Ten Peers DeveloEEent
Limited o
No. 82-236 - A By-law to provide monies for general purposes.
Carried with Alderman
Fera voting contrary
on By-law 82-228,
Alderman Cun~nings ab-
staining en By-law
82-236 and voting con-
trary c~ By-law 82-230
Aldermen Janvary, Orr
and Puttick voting
oontrary on By-law
82-236, and all others
voting in fayour.
FORMER PENINSULA IRC~ WORKS - ~,RNHOLME AV~h73E
In response to a question raised by Alderman Cu~mtings, th~ Chief
Administrative Officer advised that a report would be submitted at the next
Council meeting with respect to the status of the former Peninsula Irc~ Works
prcperty on Glenholme Avanue.
OV[RTM C08TS
It Was moved by Alderman Dilts, seconded by Alderman Cheeknan, that a
report be prepared for the last three month period, outlining overtime costs by
the hour, par u~loyee and for part time help. Carried Unanimously.
ADVERTISING COSTS
In response to a question raised by Alderman Kerrio, the Chief
Amdinistrative Officer advised that the City pays a lower rate for advertising
with the Niagara Falls Review because of the volume of advertising involved.
CONDITION OF TRENCHES AND SIDeWaLKS - DONJHEeA'~ ROAD
Alderman Kerrio expressed concern regarding the conditic~ of trenches on
Dorchester Road near Caledc~ia Street as a result of construction taking place
in this area. Mayor Thomson also mentioned that sidewalks in this same area
were in need of repair. T~e Director of Municipal Works indicated that he ~3uld
check into these mattars.
DISTRIBUTION OF BY-IAW8
Alderman Puttick asked if there ~as any requiremet in the ~kmicipal Act
that copies of by-lawB must be givea to members of Council. The Alderman
~ointed out that members of (3ou~cil do have ~ ~F~rtunity to review the by-laws
p~ior to the Council meetings, eu~ can ask any questioels at that time. ~he
- 11 -
Chief Administrative Officer stated that the practice of providing members of
Council with by-laws is not done in all nunicipalities, however he felt that
the Council members should have the by-laws since they were being asked to pass
then. Following further oc~m~_nt, it was moved by Alderman Puttick, seconded by
Alderman Merrett, that the matter be referred to staff for a rel~Drt. Carried
Unanimously. .
It was moved by Alderman Cheesman, seconded by Alderman Baker, that the
meeting adjourn. Carried Unanh~ously.
READ AND ADO D,
MAYOR WAYNE THOMSON
'1
THIRTY-THIRD MEETING
Con~Littee Room # 1
OCtober 25, 1982
COM~IT[EE OF ~ WHOLE
Council met on Monday, OCtober 25, 1982 at 7:00 p.m., in Conmittee of the
Whole. All members of Council were present. Alderman Kerrio presided as
Chairman.
Following consideration of the it~em~ Dresented, the Cor~nittee of the Whole
arose Without reporting. , ~ · ' · 4,
MAYOR WAYNE THOMSON
REGUIARIv!e~rlNG
Council Chambers
OCtober 25, 1982
Council met on Monday, OCtober 25, 1982 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His
Worship, Mayor Thomson presided as Chairman. Alderman Schisler offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Cunmings, that
the minutes of the meetings held on September 20th, 27th and OCtober 4th, 1982,
be adopted as printed. Carried Unanimously.
PRESENTATION
MR. T. STEVENSON - GIFTS FROM HONOLULU
Mr. T. Stevenson presented gifts to the Mayor and members of Council on
behalf of Mayor Anderson of Honolulu, Hawaii.
DEPUTATIONS
MR. C. BEATRICE - HAWKER & PEDIAR LICENCE
The City Clerk advised that Mr. Beatrice of Stoney Creek, had applied for a
Hawker & Pedler licenee to sell Italian cheese and salami dcor-to-dcor.
Alderman Cummings stated that if Mr. Beatrice Wished to open a store in
Niagara Falls and operate his business frcm the store, the City would be mDre
than happy to grant him a licenee- The Alderman pointed out that people selling
door to door do not pay business taxes to the City as do local businesses, and
it %Duld not be fair for the City to grant a liceace to an individual who would
then be in competitic~ with existi~ businessas paying taxes.
ORDERED on the motion of Alderman Cunmutngs, seconded by Alderman err, that the
licence be denied. Carried Unanimously.
MR0 F. DR[-c~3RDO - HAWKER & PEDLAR LIC~CE
The City Clerk advised that Mr. Delsordo of Nellas Inported Gifts in
Hamiltc~ had applied for a Hawker & Pedler licence to sell imported bedspreads,
linens and gifts from Italy. In response to a question raised by Alderman
Merrett, the City Clerk indicated that he always explains to such applicants
that the ~olicy of Council over the years has been to deny the licences, however
the option is Open to the applicant to appear before Council and request that
the licence be granted.
ORDERED o~ the nrf~ion of Alderman err, seconded b~ Alderman C~mmtngs, that the
licenee be denied. Carried Unanh~usly.
-2-
UNFINISHED BUSINESS
INFORMATION REPORT CONCERNING PUBLIC INQUIR~ INTO FIRE S~FETY IN HIGH RISE
BUILDINGS
Report No. 675 - Chief Administrative Officer - The report advises that a brief
on this matter has been prepared by the Ontario Chiefs Asscciation's executive
based o~ input gained frcm fire chiefs throughout the Province during various
conferences and seminars.
ORDERED on the motion of Alderman Ckmmtings, seconded by Alderman Janvary, that
the report be received and filed. Carried Unanimously.
STREET/RIVER ROAD [NTRANCE CONSULTANT
Report No. 676 - Chief Administrative Officer - The report recxmlre/]ds: 1) That
the firm of D.C. Cha[man & Associates be engaged to provide a design and super-
visory service with respect to the Queen Street/River Road Entrance Landscaping
and Inl3rovement Project at a fee of $2,500 to be financed frcr~ the 1982
Co~wnercial DeveloEm~nt Fund; 2) That a maximum amount Of $4,500 be allocated
fran this year's Cu~.tercial DeveloEm~_nt Budget aocunt to purchase planting
materials in accordance with Phase I of the landscaping plan; end 3) That an
amount of $17,000 be noted for discussio~ in the proposed 1983 budget as an item
for purchase of landscaping materials and labour for Phase II of the project.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the
report be received and adopted. The motion Carried with Alderman Dilts voting
contrary, and all others voting in fayour.
FORF~R P~qINSULA IRON WORKS BUILDING, 5654 Gr.FNHOLME AV~VtrE
Report No. 677 - Chief Administrative Officer - The report provides information
on the status of the former Peninsula Iro~ Works property on Glenholme Avenue,
which has been the subject of c~,~laints frcm residents in the area.
Several menbets of Council advised that they still received cemplaints from
area residents regarding the condition of the property. Mayor Thcmson suggested
that the owner be invited to attend a Council meeting and explain what he
intended to do with the property.
Following further discussion, it vas moved by Alderman Cheesman, seconded
by Alderman Dilts, that the owner of the property be contacted and requested to
attend a Council meeting in three weeks and explain what ha proposes to do with
the subject property. Carried Unanimously.
SITE PLAN APPROVAL - PROPOSED AUTO BODY SHOP, 7848 OAK~OOD DRIVE
Report No. 678 - Chief Administrative Officer - The report reoa~t~nds that
Council approve the sits plan o~ display for the proposed auto body shop,
subject to certain conditions.
Mayor Thcmso~ advised that the necessary rezoning by-law would not be
passed until all conditions have bee1 c~,[lied with according to the sits plan.
The Building & DeveloEm~nt Coordinator provided additi~al information on the
totter in response to questions raised.
Mr. S. Cardamc~e, speaking en behalf of .the applicant, advised that
approval has been received fr~n the Ministry of Labour. The Ministry of
~lvirorm~nt has an application on hand, and the ~cessary materials have been
ordered. With respect to Fire Department requirements, Mr. Cardamone indicated
that everything in that regard had been done, and that in two to three-weeks
all conditions will have been met.
Following further ~,,,~nt, it was moved by Aldermm~ Cheea~n, seconded by
Alderman Dilts, that the report be received and adopted. The motic~ Carried
with the following vote:
Aldermen eheesman, Cunmltngs, Dilts, Fera, Baker, Janvary, Merrett,
PUttick, Kerrio and Scmerville.
'Aldermen Orr and Schisler.
C(~4MICATIONS
No. 360 - Mr. B. Dzurban - Res WaLkway on Paddock Trail Drive. The
cfaLm~alicatio~ asks Wh ~he City is taking so lc~g to act c~ the.
of Council to cloee ~ subject walkway.
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NO. 361 - Optimist Club - Re: Youth Appreciation Week. The co~m/nication
requests that the week of November 7 - 13, 1982, be proclaimed as "Youth
Appreciation Week".
ORDERED on the motion of Alderman Orr, seconded by Alderm~l Dilts, that the
request be alpproved subject to established policy. Carried Unanimously..
No. 362 - Mr. A. Calaguiro - Re: Water Line to Calaguiro Sukdivision. The
cQle,unication requests deletion of the developer's share of the cost of a water
line on Mountain Road frc~u the terms of the subdivision agreement for the
Calaguiro Estates Subdivision.
The Director of Municipal Works provided Council with a brief history of
the matter, including the develoE]~ent of the subdivision as it related to the
watermain, and the City's policy in such cases.
Mr. Calaguiro stated that the watermain was of no value to his subdivision.
According to Mr. Calaguiro, the subdivision agreement stated that the
subdivision lands had to abut the watermain, however because of a one foot
reserve, there was no access to Mountain Road except through the entrance to the
subdivision.
In response to questions raised, the City Solicitor indicated that he had
not prepared the agreenent for the Calagniro Estates Subdivision, however it was
his understanding that the charges ~e developer had agreed to, included payment
for the watermain. With respect to the staterecur that the subdivision did not
have frontage on the watermain because of the one foot reserve, the City
Solicitor advised that frontage ~ould be on the road allowance. Until the one
foot reserve was dedicated, it would not be considered a road allowance, which
could suggest that the subdivision did not have frontage.
Considerable discussion took place on this matter, during which time
menbets of Council discussed whether or not the developer was justified in
asking to be relieved from the contribution towards the cost of the watermain,
particularly if the watermain was of no benefit to the subdivision. Additional
information wes provided by the Director of Municipal Works and the City
Solicitor during the discussion.
Following further cc~wnent, it was moved by Alderman Puttick, seconded by
Alderman Merrett, that the matter be tabled and referred to the Municipal Works
C~mdttee foe discussion. The notion was Defeated with the following vote:
AYE: Aldermen Merrett, err, Puttick and Schls~Ta?.
NAYE: Aldermen Cheesman, Dilts, Fera, Baker, Janvary, Kerrio and Somerville.
NOTE: Alderman C~nings declared a conflict of interest and
abstained frc~ voting on this matter.
It was then moved by Alderman Dilts, seconded by Alderman Fera, that
Council approve the deletion of the subdivider's ~are of the cost of the
waterrain on Mountain Road frcm the terms of the subdivision agreement for the
Calaguiro Estates ~Subdivision. The motion Carried with the following vote:
AYE: Aldermen Chees~kln, Dilts, Fera, Baker, Janvary, Merrett, err, Kerrio
and SceBrville.
NAYE: AlderI~en PUttick and Schisler.
NOTE= Alderman Cummings declared a conflict of interest and
abstained from voting on this matter.
No. 363 - Mr. B. Sinclair - Re: Ascot Weeds Exth. I Subdivision, Pest Road. The
c~,unication requests removal of the requirement that sidewalks be installed on
both sides of Post Road, so that no extra funds are required to be paid by the
individual builders.
No. 665 - Chief Administrative Officer - Re: Ascot Woods Extn. I Subdivision -
Post Road. The report reccrmends: 1) That the Subdivision Agreenent for Ascot
Woods Extn. I be ended to exclude the requirement as stipulated in paragraph
5(c) for the construction of roads and sidewalks as an emergency access to the
Ascot Woods Extension I Subdivision, through presently undeveloped lands to the
east of this subdivision and the original Ascot Woods Subdivision; 2) That the
road allowance dedicated to the Municipality for the purposes of the emergency
access remain as property of the City of Niagara Falls in accordanc~ with the
co~ditions of the Subdivision Agreement; 3) As a condition of recc~m~ndation #1,
~e Devel rs of the Ascot Woods Extension I Subdivision be required to deposit
th the ~tt~ the m~es estimated as necessar~ ~o c~,-~lete the works
additicrml
;{
4
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required in the subdivisim itself in the amount now estimated at $29,766.66; 4)
that the Developer's request for sidewalk deletions be denied; and 5) That
discussions ke initiated with the Developers i~n~diately (~n the possibility of
constructing all re~k~ining road works required in the Subdivision Agreement
during the 1983 aonstructign season.
Mr. W. Slovak, solicitor for the builders, indicated that there w~s no
objection to the report, with the exceptifm of the requireneat for sidewalks.
Since there are Provincial end Federal incentives available for building oD/y to
the end of the year, Mr. Slovak stated that it was crucial that COUncil make a
decision on the request as quickly as possible.
Alderman Cummings expressed COncern that the in~viduals purchasing the
hcmes to be built might ccme to the City in four years end ask that sidewalks
be installed. Even if done under the Local Improvement program, it COuld end
up COsting the City money, by granting the request at this time.
Both Aldermen Kerrio and Merrett pointed out that it was important to
assist local industry as much as possible during difficult financial times.
Reference was also made to the property taxes that would be generated as a
result of the new heroes to be constructed.
The Director of Municipal Works provided additional information in response
to a nunbet of questions raised. Following further sara,eat, it was m3ved by
Alderman Puttick, seconded by Alderman Kerrio, that COuncil delete the
requirement for sidewalks on both sides of Post Road, and that the report, as
amended, be received and adopted. Carried Unanimously.
No. 364 - A1 Reid Memorial Oldtimers Hockey TOurnament - Re: Special Occasion
Permit. The communication requests approval of a special occasion parmit to be
operated in conjUnction with the Sixth A1 Reid Memorial Oldtimers Hockey
Tournament on January 20 - 23, 1983 at the Stamford, Niagara Falls end Niagara
South Arenas.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the request be approved subject to established policy. Carried Unanimously.
Master Plan. This study will ~e prepared in acCOrdance with the Tens of
Reference previously approved by the Recreation Conwmission ~ld subject to .
Council approval of the necessary by-law and agreement.
Considerable discussion took place on ~/lis mtter, during which time
several members of COuncil expressed the view that this Plea COuld be under-
taken by existing City staff. The Director of Recreation explained that
approval has been received from Winratio for funding of half the cost of the
Five Year Recreation Master Plea. It was further indicated that the existing
five year plan would end this year, and if work did not commence on the new
plan, the City would not have in its hands any master plan for recreation at
the end of 1982. In response to questions raised, the Director of Recreation
explained why it was i~portant for the City to have a docunent outlining
COuncil's policies on recreation.
Following further ccmnent, it was moved by AIdesen Puttick, seconded by
Alderman Fera, that the report be tabled and referred to the 1983-84 COuncil.
The motion was Defeated with the following vote:
AYE: Aldermen CunmLings, Dilts, Fera, Puttick end Kerrio.
NAYE: Alde/lnen Cheesman, Baker, Janvary, Merrett, OfT, Schisler end Sc~erville.
It was then nDved by Alderman Cheesman, seconded by Alderman Orr, that the
report be received end adopted. The motion Carried with the following vote:
AYE: Aldermen Cheesman, Baker, Jenvary, Marrett, Orr, Schisler and Somerville.
NAYE: Aldermen Cummings, Dilts, Fera, Puttick end Kerrio.
No. 680 - Recreation Cc~ssion - Re: Solar Subdivision Park. The report
recfmm~ds approval of the official Solar Subdivision Park plan.
ORDERED On the motion of Alderman Cunmnings, seconded by Alderman Baker, that the
report be received end adopted. Carried Unanimously.
No. 681 - Chief Administrative Officer - Re: AM-16/82, Niagara Wc~6n in Crisis,
6432 Thorold Stone Road. The report rec~l,~ends approval of the subject
application to provide short term acccemxDdation for not more than six wcmen and
their children who seek shelter and assistance.
No. 365 - Mr. R. Bartley end Others - Re: Intersection of Barker Street and Mr. G. Altridge, speaking on behalf of area residents, felt that the
COtwin Avenue. The o3,',,'~/nioation requests the implenentation of a four-way stop Planning & Develolpat Cc~m%ittee had approvad the application based m the good
at the intersection of Barker Street end Cor~rin Avenue. ~ork done by the Niagara Wc~m in Crisis orgenization, and had not really
considered the reasons for the residents' objections. It was the opinion of the
ORDERED On the motion Of ALderman Dilts, seeded by Alderman Fern, that the residents that the size of the house would not be adequate for the number of
o~L,Lunication be referred to the Municipal Parking & Traffic C~,~attee for
consideration. Carried Unanimously. parsons that COuld be there at any given t/n~. Concern was also expressed over
the fact the building was located at a busy intersection, which COuld present a
hazard for children temporarily residing in the home. Mr. Altridge referred to
No. 366 - Regional Municipality of Niagara - Re: Parking for the Physically plans to widen Thorold Stone Road in the future, which would make the are that
Handicapped. The cut~,unication provides informatio~ on a report of the Regional much more hazardous. The residents also felt that the increased activity at the
Planning & Develo[ment C~a,~,{ttee, the purpose of which is to eadesvour to
develop a co-operative effort ~ at improving the mobility of the physically residence would add to traffic and parking COngestion in the area.
handicapped.
ORDERED on the motion of Alderman Marrett, seconded by Alderman Dilts, that the ~! In response to a question raised by Alderman Orr, the Planning Director
indicated that under the existing zoning, the density for this area was twenty
C~L,L~icatiOn be referred to the Municipal Parking & Traffic C~a~,,attes for Units per acre. Since low density multiple dwelling apartments would be
consideration, and further that a COpy be supplied to the Social Planning permitted under the existing zoning, the proposed use would result in fewer
Council for ~nfor~.ation. Carried Unanimously. units per acre than if the house ware torn down end apartmants COnstructed.
, No. 367 - Mrs. K. Murray - Re.' Walkway frum Frontenac Street to Dnmm~md Road.
The cuL~uniontion requests that Council tee<insider its decision to close the '] Mr' P' Clifford, solicitor for the applicant, indicated that the
application had not been put forward to the C~dttee in the form of en
wa~y frcm Frontenac Street through to Drlmmc~d Road. eDtional appeal. It was pointed out that the Council was on record as
ORDERED on the motion of Alderman Dilts, seconded by Alderman Cumnir~s,. that the
recognizing the need for such a facility in the City, end Mr. Clifford felt
co~unicati(m be referred to the Walkways O~.{ttee for =consideration. Carried this location would be much more suitable than a c~mBrcial or industrial area.
Unenimously. It ~as further pointed out that regardless of where the residence was located,
a rezo~ing would be required to permit this use. In this regard, Mr. Clifford
No. 368 - Mr. D.E. Cosby - Re.' Walkway #74(5) Devon Drive. The e~a~,,unication ~ felt the residence would have the least impact on a ~/ltiple dwelling zone.
requests the erection of a fence along the subject walkway which is to remain ~ Mr. Clifford noted that the property in question is a multiple family dwelling
Open. and would blend in with the existing uses, end enyone else buying the property
~ because of its size, was likely to COnvert it to apartments. With respect to
In response ~o a question raised, the Director of Municipal Works indicated ! parking, Mr. Clifford stated that the previous use of the pro[erty was as a
that the City ~ae working on the fencing fur this walkway. I doctor's office, which would generate much more traffic then the crisis centre
OPJ3~RED on the ~f~ion of Aldermen Cummings, seconded by Alderman Kerrio, that ~ proposed. It was ~ot likely that the wumen using the resideace would have cars,
the cemm/nicati~n be referred to the Walkways C~l,{ttee. Carried Unanimously. [ and Mr. Clifford advised that the organization 's offices would not be located o~
the premises. In response to e~,fents made concerning traffic hazard,
traffia in the area. In addition, arrangements would be made with the Boards of
No. 679 - Recreation C~,,,:ssion - Re, Five Year Recreaticm Master P~an. The Educatio~ for the childrea stsyi at the residence to attend their regular
~ or , schools, Mr. Clifford suggestedit while it might be true that there could be
6
another property in the City more suitable for such a residence, it would be
unfair of Council to ask the organization to keep looking for suitable
properties, and to keep combing back for rezonings. In s~mm~3cy, Mr. Clifford
stated that it would be difficult to find a more suitable property for the
residence, and that the area residents would be hard pressed to find a less
dojentionable purchaser. Additional information w~s provided by Mr. Clifford
in response to a nunbar of questions raised.
Mrs. J. Patterson, an area resident, expressed certain concerns about the
proposal - lack of confidentiality about the location Of the residence, adequate
parking facilities, possible hazards to area children as a result Of an increase
in traffic, etc. Mr. Clifford provided additional information in this regard.
Mrs. M. D~sey, another area resident, spoke in support of the ~roposal
and the need for such a residence in the City.
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tenporarily be located on the subject lands, the capital investment requires
that it remain a permanent attraction somewhere in the City. For this reason,
it would be foolish to mistreat the area residents or property owners and ccme
back for another rezoning elsewhere in the City.
Mr. G. Yerich of the Holiday Inn, expressed concern over the n~ber of
vehicles to be operating at one time on the track. While he agreed c~e vehicle
he had seen in operation had not presented a noise problem, Mr. Yerich felt that
a nunbar of vehicles on the track simultaneously could generate much more r~ise.
Mr. Ungaro indicated that the amending by-law specifically l~nits t/]e operation
to t%D vehicles. If there w-as any noise problem, Mr. Ungaro hoped that the
individuals involved would call him so that steps could be taken to to abate the
problem. Mr. Ungaro indicated that he did not want persons c~plaining to Hydro
which ~Duld result in the lease being cancelled, or individuals complaining to
City Hall.
Several members of Council expressed their support of the proposal and
cc~eNented in response to the concerns raised by area residents. Following
further discussion, it w~s moved by Alderman Cheesman, seconded by Alderman Orr,
that the report be received and adopted. The motion Carried with Alderman
Cummings abstaining on a conflict of interest, and all others voting in favour.
See By-law 82-237
No. 682 - Chief Administrative Officer - Re: Crowland By-law 82-20 Objections.
The re~ort reco~ends that the letters of objection to By-law 82-20 be forwarded
to the Ontario Municipal Board with a request for a hearing relative to two
objections; and that the Board be advised that COuncil is prepared to pass an
amending by-law to exclude certain lands fren the applicatic~ of By-law 82-20 in
an attempt to resolve the majority of objections.
Mr. K. Biggar, a resident and property owner in the former Crowland area,
erapressed concern over proposed zoning changas contained in the by-law, particu-
larly as they relate to lands being classified as agricultural. Mayor Themson
suggested that Mr. Biggar meet with staff in an atteL[~ to resolve his concerns,
and that the matter be reported back to Council at the next meeting.
ORDERED on the motion of Alderman Chen~Tan, seconded by AIde Cunm~ings, that
the Planning Director meet with Mr. Biggar and report beck to Council at its
next meeting. Carried Unanimously.
No. 683 - Chief Administrative Officer - Re: AM-17/82, Formula Fun Centre Inc.,
Southeast Comer of Murray Street and Buchanan Avenue. The report reoal~ends
approval of the application to permit an amusement (autc~obile)~ ride not
recognized as a permitted use within the "place of entertainment" use as defined
under By-law 79200.
Mr. G. Ungaro, solicitor for the applicant, explained that the proposal was
basically an anusement car ride, one car at a time, sent out along a twisted
course. It w~s advised that the subject area of land was included in the study
undertake by Ta~mer-Fenco as the proposed site far a parking structure. In
quoting the report, M~. Ungaro noted that it w~s recYa,,~ended therein that the
City encourage the develoE~ent of the Ontario Hydro property (located between
Buchanan Avenue and the esca~aL~ant adjacent to Murray Hill) for amusement and
recreation purposes. In view of the long range plans of the City to use the
lands for a parking structure, Mr. Ungaro suhnitted that not only is it the only
feasible project that could be put on the lands for a short term, but it would
benefit both the c~l~,~nity end the inmediate area. With respect to possible
noise c~[laints, Mr. Ungaro advised that the cars were taken to the actual
locatio~ and tested, once by the M.O.E. and once for the benefit of ,,u~el cwners
where again the car was tested. As a result of the testing, none of the
Planning Department staff, the motel owners or M.O.E. officials expressed
concern regarding noise, and in fact, a nunbar of the motel owners had given
their coilsent to the proposal. Mr. Ungaro stated that the Planning and Develop-
merit Cu~.~attee recu~.~ended approval of the applicaticn subject to the M.O.E.
providing similar, approval. As a result of a c~a,,,unication problem between
Toronto staff end Welland staff, the Ministry of the Environment was now
claiming that the material (~iginally eul]nitted through the Wellend branch
not satisfactory. Mr. Ungaro outlined the testing procedures originally
followed by the Ministry, end advised that Ministry officials now feel the ~nly
way they could properly give a decision was if the track were put into operation
and tests taken after it has been in operation for a year. Mr. Ungaro etated
that the City bee ~ertain safeguards with respect to the appXication. The
proposal is on leased land, and since Ontario is a public corporation
sensitive to the public, any noise probeart ~K)u~result in the lease being
cancelled. It was also [oil%ted o~t ~ha, t although the facility would c[lly
Mr. S. Kartoffel of the President MDtor Inn, stated that the members of t/~e
Planning & DeveloF~ent C(m]nittee had missed the point co~oletely when the matter
had ccme before them. As the Planning Department knew, the City had adopted the
Lanmer Fenco study as their guide for future traffic solutions and the subject
lends will have to be purchased or acquired or sub-let from Hydro for use as a
parking facility. Mr. Kartoffel felt that if possession of the land was allc~ed
to be let out of the public domain, the Lanmer Fenco study ~Duld he much more
costly to ireplenent in its entirety. Since the City depends heavily on tourist
dollars, Mr. Kartoffel felt it w~s important to facilitate traffic moveTent in
the tourist areas of the City for the convenience of visitors.
The Traffic & Construction Engineer indicated that the subject property is
the probable site for a parking facility in the future. Ontario Hydro before
offering the property did contact the City and the Niagara Parks Commission and
did ask for our cc~wnents before potting it out on a short term lease. The
Traffic & Construction Engineer stated that Council had adopted a recc~mendation
that Ontario Hydro be told as far as the City was concerned, they could proceed
on a short term licensing arrangeneat.
Additional infomnation w~s provided by Mayor Thomson and Mr. R. Stephens of
Ontario Hydro in response to a number of questions raised by members of Council.
Following further comment, it w~s moved by Alderman Puttick, seconded by
Alderman Orr, that the the application be approved with the deletion of the
condition concerning Ministry of the Environment approval, and that the report,
as amended, be received and adopted. Carried Unasimoasly.
No. 684 - Chief Administrative Officer - Re: Thorold Townline Road Closing. The
report rec(mmends that Thorold Townline Road north of Region Street he closed
end leased to Walker Brothers Quarries Limited for a term of 50 years for the
s~n Of $3,200 per acre payable in advance.
ORDERED On the motion of Alderman Cunmlings, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
No. 685 - Chief Administrative Officer - Re: Proposed Sale of Sanitary Iandfill
Site - Part Lots 6, 15 & 26, City of Niagara Falls. 'The report reco~e~ds.. 1)
That the City purchase approximately 65.4 acres of land, forming pert of Lots 6,
15 end 26 in the City of Niagara Falls from Ontario Hydro at a total lump s~n
price of $270,000.00; and 2) That the $270,000.00 purchase price be financed as
follows~ 1981 budget reserve - $50,000.00, 1982 operating budget - $175,000.00,
and 1982 operating budget for garbage collection end disposal and/or special
purpose reserves- $45,000.00.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the
report be received and adopted. The motion Carried with Alderman Cumnings
abstaining on a conflict Of interest, end all others voting in fayour.
No. 686 - Chief Administrative Officer - Re.' Contract W.I. 25-82, Watermain
Installations on Chippawa Parkway frcm Portage Road to Pell Street. The report
recess,ends acceptance of the unit prices sukmitted by R & A Construction fcr the
subject c(mtract.
ORDERED On the motion of Alderman Cunmdngs, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See Resolution #99
See By-law 82-2T~'
No. 687 - Chief Administrative Officer - Re.' Contract W.I. 26-82, Watermain
Installation on Kalar Road frum Lundy's Lane to Beaverdams Road. The report
-8-
rec~,,,~nds acceptance of the unit prices sukanitted by Bledrick Limited fcr the
subject contract.
ORDERED On the motion of Alderman Cunm~ngs, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimgusly.
See Resolution #100
See By-law 82-239
No. 688 - Chief Administrative Officer - Re: Contract S.S. 27-82, Storm Sewer
Construction on Paddock Trail Drive, Mulhern Street, Baldwin Avenue, Belfast
Avenue and Lee Avenue under the Neighbourhood Inprovement Program in the
Woodbine Area. The report rec~,l~ands acceptance of the unit prices sutm%itted by
Stephens & Rankin Inc. fo~ the subject contract.
ORDERED On the motion of Alderman Cunm~ings, seconded by Alderman Baker, that the
report be received and adopted. Carried unanimously.
See Resolution #101
See By-law 82-240
No. 689 - Chief Administrative Officer - Re: Contract S.S. 28-82, Storm Sewers
On N.S. & T., Gallinger Street, Portage Road, ~d Road, Crawford Street end
Elberta Avenue. The report reoaxx~ends acceptance of the unit prices suhuitted
by W. Duffin Contracting Limited for the subject contract.
Alderman Kerrio pointed out that the subject contractcr had already been
a~arded a contract elsewhere in the City, and bad not started work on the
project yet. Concern w~s raised that since the contractor had not started the
other project, how could he oaL~lete the subject contract within the specified
time period. The Director of Municipal Works indicated that the contractor
would he starting on the other project the next day and expected to have the
work finished within two weeks. The Director of Municipal Works further
indicated that he could see no reason why the contractor would not oa~lete the
work within the specified time period.
Additional information ~as provided regarding the corrected tender price
in response to a question raised by Alderman Puttick. The Director of Municipal
Works also indicated that if Council were to award the contract to the second
low tenderer, the M.T.C. would not subsidize the difference in price.
Following further cuL,,ent, it vas moved by Alderman Kerrio, seconded by
Alderman Merrett, that the report be tabled and referred to the Municipal Works
ODm~ittea for consideration. The motion Carried with Alderman Schisler vot.hlg
contrary, Alderman Cumings end Aidemen Janvary abstaining c~ a conflich of
interest, and all others voting in layout.
No. 690 - Chief Administrative Officer - Re.' 1983 M.T.C. and 1983 MOE/MEA
Training Courses. The report rec~,eL'ends that twelve members of staff be
authorized to attend training courses sponsored by the M.T.C. era the MOE/MEA.
ORDERED on the i,u~ion of Alderman Cummings, seconded by Alderman Cheesman, that
the report he received and adopted. The motion Carried with Alderman Dilts
voting contrary, and all others voting in favour.
No. 691 - Chief Administrative Officer - Re.' Parking on Colborne Street. The
report rec~,i~ends that parking be prohibited at all times frcm the southerly
side of Colborne Street f~Ya~, Portage ~oad to its westerly limit, and frcm the
,northerly side of Colborne Street, frcm Portage Road to the westerly limit of
the Town & Country Plaza.
In response to a question raised by Alderman Janvary, the Traffic and
Construction Engineer indicated that the area residents were not notified of the
suggested parking prohibition, however the persons on the residential ,Side of
the street had wanted improvements made.
ORDERED on the motion Of Alderman Orr, seconded by Alderman M~rrett, that the
report be received and adopted. Carried Unanimously.
No. 692 - Chief Administrative Officer - Re.' Parking Lot Snow Plowing. The
report recc~mends 'that contracts be awarded to Jim Black Trucking, N.T.
Scmerville, Watson Excavating and D(Jnfnicm Paving Co. for the plowing of arena
parking 'lots and municipally owned public parking lots.
Additio~aX infornmtion ~as provided by Aldernmn Merrett and the Traffic-end
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No. 693 - Chief Administrative Officer - Re: Intersection of Buchanan Avenue and
Portage Road. The report reccnmnends that the necessary advertisements be placed
in the local newspaper to advise that improvements are intended for this
intersection.
ORDERED On the nntion of Alderman Cunmings, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 694 - Chief Administrative Officer - Re: Meadowvale Subdivision Intersection
Control. The report recc~mends preparation of a by-law to authorize stop signs
at various intersections in the Meadc~vale Subdivision, and for a yield sign
facing traffic northbound on Queensway Gardens at Dianne Street.
ORDERED on the motion of Alderman Baker, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 695 - Chief Administrative Officer - Re: Second Avenue and Stamford Street
Intersection. The report rec(]~nends that the Ministry of Transportaticn and
Cc~munications be approached concerning the closing of Second Avenue at its
intersection with Highway #420.
ORDERED on the motion of Aldemnan Schisler, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unaninously.
No. 696 - Chief Administrative Officer - Re: Parking on Glenholme Avenue. The
report reds that parking be prohibited daily between the hours of 6:00 [xn
and Midnight frc~n the westerly side of Glenholme Avenue, frc~n Cook Street to
Frederica Street.
ORDERED on the motion of Alderman Chee~nan, seconded by Alderman Cunmdngs, that
the report be received and adopted. Carried Unanimously.
No. 697 - Chief Administrative Officer - Re: Whirlpool Road Bridge Municipal Act
Advertising and Demolition Tender. The report reccr~ner~s that subject to
approval of Ontario Hydro to proceed with the %orks, the demolition tender be
awarded to Hugh Cole Construction Limited at the tendered price of $24,400.00,
and passage of the appropriate by-law upon confirmation that there are no
presentations that lands may be prejudicially affected by the works.
ORDERED on the reDtion Of Alderman Cunmings, seconded by Alderman Baker, that the
report he received and adopted. Carried Unanimously.
See Resolution #102
See By-law 82-242
NO. 698 - Chief Administrative Officer - Re: Drtm~e0nd Park Village - Stage I,
Payment of the Balance of Costs for the Remaining Works. The report recfmmends
that the reserve fund established on October 2, 1978 to pay for the design,
engineering, and construction of two culverts across the ConRail Channel to
serve lands owned by Ten Peers Develol~Bnt Limited, may be used for the
- payment of the possible shortfall in the Letter of Credit for the remaining
services in Dru~aond Park Village - Stage I, up to the amount that is not
greater than what the cost of the t~D CUlverts would be on March 1, 1983, or the
ara0unt Of shortfall, whichever is lees.
ORDERED on the raotion of Alderman Dilts, seconded by Alderman Cheesman, that the
report be received and adopted. Carried Unanimously.
See By-law 82-243
No. 699 - Chief Adm/nistrative Officer - Be: Municipal Accounts. The report
reoa~ends payment of the municipal accounts.
Additional information was provided on Cheques #12837 end #12915 in
response ~o questions raised by Alderman Cunmings.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 700 - Chief Administrative Officer - - Re: Cca,[uter Awareness Course. The
report recu~,,ends that as part of the Staff Training Progranme, approval be
given to spend an amount of $465 to enable 30 employees to take the subject
course on their c~n time.
ORDERED on the motion of Alderman Baker, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 701 - Chief Administrative Officer - Re.' Ontario Municipal Training Program
- 1983. The report recurs,ends that in view of current fiscal restraints, that
Omstruction Engineer, in resl~mse to a question raised by Alderman Janvary.
e on the a~/on Of Aldermen C~L.,angs, seconded by Aldezm~n Chsesman, that
the report be received and adopted. Carried Unanimously. the report be received and adup~ed.
the City not EBrticipate in the subject lx~gr~me.
ORDERED on the motion of Alderman C~nings, seconded by Alderman Chees~an, that
Carried Unanimously.
- 10 -
No. 702 - Chief Administrative Officer - Re: Paid Holidays - 1982. The report
rec~L,,ends that ~bnday, December 27th and Tuesday, December 28th, 1982 be
granted as the holidays for Christmas Day and Boxing Day, which fall c~ a
Saturday and Sunday; and that MDnday, January 3rd, 1983 be granted as the
holiday for New Year' s Day which falls ~n a Saturday.
ORDERED on the motion of Alderman CuEgs, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
No. 703 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 6
Storey Hotel (106 units), 5905 Victoria Avenue. The report recu~uends approval
of the subject site plan subject to certain conditions.
ORDERED on the motion of Alderman Sc~erville, seconded by Alderman Puttick, that
the report be received and adopted. Carried Unanimously.
No. 704 - Chief Administrative Officer - Re: Proposed 49-Unit Apartment
Building, McLeod Road - Approval for Amendment to Site Plan. The report
recuL.~ends approval Of the amended site plan subject to certain conditions.
ORDERED on the motion of Alderman Cu~gs, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 705 - Chief Administrative Officer - Re: CORD Building Renovations Steering
Cu~mattee Cum~unity Services Contribution Program C.S.C.P. The report
recu~,~ends acceptance of the low tender frcm Isep~on & Spironello Coantruction
and Engineering Incorporated for the amount Of $103,831.00.
In response to a question raised by Mayor Thc~son, the BUilding and
Develo[ment Coordinator advised that a meeting will be held with the various
organizations located in the CORE Building in order to ~Drk OUt a ~ork schedule
acceptable to those involved.
ORDERED on the motion of Alderman Cuamlings, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
See Resolution #103
See By-law 82-244
NO. 706 - Chief Administrative Officer - Re: Niagara Falls Ares - Inspections.
The report provides information Oa inspections being carried OUt in accordance
with Ministry of T~T-xDur loading requirenents for arenas.
ORDERED on the motion of Alderman Merrett, secc~ded by Alderman Cunm~ings, that
the report be received and filed. Carried Unanimously.
No. 707 - Chief Administrative Officer - Re.' Greenboughs & Lalemant - Lots 78
and 88, Plan M-29. The report provides information on efforts to have the
litter, etc. on the subject lots cleared. ~
ORDERED on the motioa of Alderman Cumnings, seconded by Aldernknn Dilts, that the
report be received and filed. Carried Unanimously.
e~o. 708 - Chief Administrative Officer - Re.' B.R.I.C. Application - Weaver
House. The report rec~,i,ends that Council authorize the payment of $100 to Mr.
D. Smith, which is half the cost of replacing the chimney Oa the "Designated
Weaver House".
ORDERED On the motion Of Alderman Chees~kln, seconded by Alderman Dilte, that the
report be received and adopted. Carried UnaninDusly.
No. 709 - Chief Administrative Officer - Re.' Bill 11 (Formerly 157) to Provide
for Licensing of Businesses. The report provides informatioa Oa the subject
Bill, and advises that Council will be ~apt informed cn the status of same.
ORDERED on the motion of Alderman Ctmmings, seconded by Alderman Cheesman, that
the report be received and filed. Carried Unanimously.
No. 710 - Chief Administrative Officer - Re.' Etobicoke Resolution - Trail Bikes
in Ravines. The report reoa~,ends that CoLulcil support the resolution of the
Borough Of Etobicoke requesting the Provincial Government to enact the necessary
legislation to govern the purchase and use of trail bikeS, similar to that in
force for sneerbiles.
In response ~ a question raised by Alderman Ctmmings, the City Clerk
advised that cc~ments on the resolution were obtained from Recreation Department
staff, but rDt the members of the C~,~.tssio~ itself.
ORDEI~D on the motion of Alderman Orr, seconded by Alderman Janvary, that th__e_
report be received and adopted° The m3tion Carried with Alderman Cummings
vot,iW ~trary, and aLt others voting in fayour.
- 11 -
No. 711 - Chief Administrative Officer - Re: Request for Extension of the Date
of Closing, Robe~-t and Ann Krueger - City O~ned Property South of Gallinger
Street between DrLmmond Road and Portage Road. The report reccm~ends approval
of an extension of the closing date for the purchase of the subject property
from November 1, 1982 to May 2, 1983, subject to certain conditions.
ORDERED on the motion of Alderman Orr, seconded by AIde/Pan Cheesman, that the
report be received and adopted. Carried Unanimously.
RESOI3JTIONS
NO. 99 - CHEESMAN - MERR~F~' - RESOLVED that the Al Reid Memorial Oldtimers
Hockey Tournament be granted permission to conduct a beer concessien in
conjunction with their tournament on January 20, 21, 22 and 23, at the Niagara
Falls, Niagara South and Stamford Arenas subject to the approval of the Niagara
Regional Police, the Niagara Falls Fire Departmant, the Niagara District Health
Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation
be hereto affixed.
Carried Unenimgu. sly
No. 100 - CL~q~INGS - BAKER - RESOLVED that the unit prices suhnitte~ by R & A
Construction for watermain installations on Chippawa Parkway from Portage Road
to Fell Street, be accepted at the tendered price of $88,614.39; AND the Seal of
the COrporation be hereto affixed.
Carried Unan~w~Dusl~
NO. 101 -- CliPPINGS - BAKER - RESOLVED that the Unit prices sulm~itted by Blairick
Limited for the installation of a ~atermain Oa Kalar Road frc~n Lundy's Lane to
Beaverdams Road, be accepted at the tendered price Of $99,211.05; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously
No. 102 - ChwZ4INGS - BAKER - RESOLVED that the unit prices suk~itted by Stephens
and Rankin Inc. for storm sewer construction Oa Paddock Trail Drive, Mulhern
Street, Baldwin Avenue, Belfast Avenue and Lee Avenue under the Neighbourhood
Improvement Program in the Woodbine Area, be accepted at the tendered price of
$197,728.89; AND the Seal of the Corporation be hereto affixed.
Carried Unan~,nously
No. 103 - CLMMINGS - CF~F.~w~N - RESOLVED that the unit prices submitted by
Iseppon & Spironello COnstruction end Enginesring Incorporated for ranovations
to the CORE Building under the Cc~m~mity Services Contribution Program, be
accepted at the tendered price of $103,831.00; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
ORDERED on the motion of Alderman Chee~nan, seconded by Alderman Dilts, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first t/me:
No. 82-237 - A By-law to amend Fy-law No. 79-200, as amended. (AM-16/82)
No. 82-238 - A By-law to authorize the execution of an agreement with 416871
Ontario Limited carrying en business under the name of R & A
Constructioa for waterm~in installations on Chippaws Parkway from
Portage Road to Fell Street.
No. 82-239 - A By-law to authorize the execution of an agree~nt with Blairick
Limited for w~te~lnain installations on Kalar Road fr~n Lundy's Lane
to Beaverdams Road.
No. 82-240 - A By-law to authorize the execution of as agreenent with Stephens
and Rankin Inc. for storm sewer constructioa on Paddock Trail Drive
Mulhern Street, Baldwin Avenue, Belfast Avenue and Lee Avenue in
the Woodbine Neighbourh0od Inprovement Area.
No. 82-241 - TABLED
82-242 - A By-law to authorize the reconstruction of ~hirlpool Road at the
Ontario Hydro Canal.
- 12 -
No. 82-243 - A By-law to authorize the expenditure of moneys in a reserve fund.
No. 82-244 - A By-law to authorize an agreament with Iseppon & Spironello
COnstruction & Engineering Inc. for the constructic~ of proposed
alterations to the Crrmunity Resource Centre.
No. 82-245 - A By-law to authorize the execution Of an agreefaent with Niagara
Frontier Humane Society.
No. 82-246 - A By-law to provide monies for general purposes.
Carried with Alderman
Cumnings abstaining on
By-laws 82-237 and
82-245, and all others
voting in f~vour.
ORDERED on the motion of Alderram1 Cheesman, seconded by Alderman Merrett, That
the following by-laws be now reed a second and third time:
No. 82-237 - A By-law to amend By-law No. 79-200, as amended. (AM-16/82)
No. 82-238
- A By-law to authorize the execution of an agreement with 416871
Ontario Limited carrying on business under the name of R & A
COnstruction for wstermain installations cn Chip[eva Parkway frcm
Portage Road to Pell Street.
No. 82-239
- A By-law to authorize the execution of an agreenent with Blairick
Limited for wsterm~in installations on Kalar Road f~. Lundy's Lane
to Beaverdams Road.
No. 82-240
- A By-law to authorize the execution of an agreement with Stephens
and Rankin Inc. for storm sewer construction on Paddock Trail Drive
Mulhern Street, Baldwin Avenue, Belfast Avenue and Lee Avenue in
the Woodbine Neighbourhood Improvement Are.
No. 82-241 - T~RT,F.D
No. 82-242 - A By-law to authorize the reconstruction of Wairlpool Road at the
Ontario Hydro Canal.
No. 82-243
No. 82-244
- A By-law to authorize the expenditure of moneys in a reserve fund.
- A By-law to authorize an agreement with Iseppon & Spironello
Construction & Engineering Inc. for the construction of proposed
alteraticas to the C~maLunity Resource Centre.
No. 82-245 - A By-law to authorize the execution of an agreenentwithNiagara
Frontier Htmane Society.
No. 82-246 -A By-lawtoprovidenx)nies for general purposes.
Carried with Alderman
Cunrdngs abstaining on
By-laws 82-237 and
82-245, and all others
voting in layout.
BUSINESS
CHamBER OF CQM~E~CE REPORT ON REGIONAL
Alderman Puttick advised that the Sub-C~.r,%ttee of the Provincial and
National Affairs Oa~,l.%ttee of the Chamber of C~L,~erce, had u~L~leted its study
on Regional Governmemt. The Alderman provided some hackground of the work done
by the Sub-C~m~ittee, and suggested that Co%mcil ask the Chamber to provide a
copy for Council to review at its November let meeting. Mayor Th(mmon pointed
Out that the report had been prepared by the Ch~nber, and it w~s the Chamber's
decision on h~N the study should be handled.
· Aldezmmn Merrstt indicated that due to the closeness of the municipal
election, the Chamber had felt it would be best to release.the report at least
week after, so that it %ould be give1 the serious attention it deserved.
- 13 -
Following further ccrment, it was moved by Alderman Puttick, seconded by
Alderman Kerrio, that the Changper of Conmerce be asked to provide Council wi~/l a
copy of its report on Regional GOvernment for the November 1, 1982 Council
meeting. Carried Unanimously.
RCMAGNAN0 PROBL~4 ON WILLOUGHBy DRIVE
It was moved by Alderman Dilts, seconded by Alderman Kerrio, that
Mr. Rcmagnano's access problem on Willoughby Drive, be discussed at the next
Municipal ~brks ComAittee meeting. Carried Unanimously.
CONDITION OF TRENCHES -DORZHESTERROAD
Alderman Kerrio advised that he was still receiving ccnkolaints concerning
the trenches on Dorchester Road near Caledonia, as a result of recent storm
sewer construction. The Director of Municipal~brks advised that the contract
in questionwss quite large, however he had requested the contractor to return
and clean Up that portion of the %ork done on Dorchester Road.
e GLOBETROi'r~iRS - NIAGARA FALT~ MEH3RIALARENA
Due to the observance of Halloween on October 30th, Mayor Thc~son asked if
staff could investigate the possibility of a later start for the Harlem
Globetrotters game at the Niagara Falls Memorial Arena. The Chief Administra-
tive Officer advised that many tickets had been sold to people fromout-of-town,
and it would be difficult to notify all ticket holders of the change in time.
Alderman~gs advised that staff at theArena were looking into some sort of
prcrotional activity for children prior to the game, in view of the concerns
scmneparents have about letting their children Out for Halloween this year.
It was moved by Alderman Dilts, seconded by Alderman Marrett, that the
meeting adjourn. Carried Unanimously.
THIRTY-FOURTH ~FZTING
Con~D/ttee Roan #1.
November 1, 1982
CC~v'~']TEE OF THE I~IOLE
Council met on Monday, November 1, 1982 at 4:00 p.m., in Conlnittee of the
Whole. All me/nbers of Council were present. Alderman Somerville presided as
Chairiron.
Following consideration of the it ented,
arose without reporting. . .~e~e. the Committee of the Whole
· MAYOR NAYNE THOMSON
REGULAR
Council Chambers
November 1, 1982
Council met on Monday, November 1, 1982 at 4:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worship,
Mayor Thomson presided as Chairn~n. Alderman Somerville offered the Opening
Prayer.
UNFINISHED BUSINESS
CONTRACT S.S. 28-82, STORM SEWERS ON N.S. & T., GAILINGER GREET, PORTAGE RDAD,
DRII~DND ROAD, CRAWFORD STREEr AND gr.RERTA AVENUE
Report No. 712 - Municipal WOrks Cfmmittee - The report reconnBnds acceptance of
the unit prices submitted by Provincial Construction Limited for the subject
contract.
Alderman Dilts stated that the reason the ConmLittee had reccnmended the
contract be awarded to the second low tenderer, was not because the low tenderer
was frfmn cut of town, but because the tenders were not opened in proper fashion
and the tender submitted by W. Duffin had been inconplete. The low tendeter had
-originally been Provincial Construction, however the following day as a result
of changes made, W. Duffin Contracting k~came the low tendeter. The Alderman
pointed out that addendt~ns were issued which involved a credit quotation, which
W. Duffin Contracting did not include in the total contract price, which in his
opinion made the te. nder incomplete. Aldernmn Dilts was criticel of the manner
in which the tender had been handled, and felt that staff should have reported
this situation to either the Municipal Works Conmittee or Council for a decision
to be made.
Alderman Cheesman pointed cut that it is standard procedure for staff to
check all tenders submitted to determine that they are arithmetically correct.
Upon checking the tender submitted by W. Duffin Contracting, it was found that
the credit quotation had not been reflected in the total price. The Alderman
disagreed with the statement that the Municipal ~brks Conmittee had not based
its decision on whether or not the contractor was local. TO follow such a
practice ~Duld discourage out-of-town contractors from bidding, end could also
prove to be a disadvantage to local contractors when bidding cu out-of-town
contracts. For this reason, Alderman Cheesman felt the City should stick to the
policy of awarding contracts to the low bidder, unless there was a technical
reason for not doing so, such as inability of a contractor to perform a ~b
satisfactorily.
Mr. G. Finbow of the Heavy Construction Association of Regional Niagara,
was granted permission to address Council on the motion of Alderman Kerrio,
secopaed by Alderman Orr. Mr. Finbc~ reninded Council that many local
c~mtractors also bid on jobs in Fort Erie, Port Colborne, St. Catharhles, etc.,
and it ~as the position of the Association that a "local contractor" was a
c0~tractor in the Niagara Region. The normal practice is for engineering staff
to re-qualify a tender without changing prices, and if an error is found, it
beecoos a corrected tender. Mr. Finbo~ indicated that on several occasions, the
-2-
Association was approached by members when proceedings such as this have taken
place, and the procedure had always been that a council will award the contract
to the lowest bidder. Frc~n the Association' s point of view, if only Niagara
Falls contractors Were allowed to work in Niagara Falls, the City would not get
true prices on its tenders; and if local contractors bid on contracts outside
the City, others councils may take a second look and use only their local
contractors, which would ruin the process of tendering.
Alderman Fera stated that the City has experienced problems with W. DUffin
COntracting on a number of occasions in connection with previous City contracts.
The Alderman felt that staff should have approached the Municipal Works
Cu~,,{ttee or COuncil for a decision with respect to the addendt~n issued on the
subject contract. The Director of Municipal ~brks advised that the addendure
Mr. DUffin had bid on was the same addendt~n all contractors had based their
tenders on. An explanation was provided of the City's tendering procedure,
particularly as it applied to addendures, the suk~ission of tenders, and the
opening and checking of same.
Alderman Puttick oam~ented that he would not question the checking end
correction of a tenderer's arithmetic, as long as the figures were all on the
same sheet. In this particular case, a credit quotation had not been reflected
in the total price suk~itted by Mr. Duffin, and yet all other bidders had done
so. The Alderman quoted examples Of previous City contracts, and a contract in
Niagara-on-the-Lake, where the low bidder was not always chosen. The Director
Of Municipal ~brks pointed out that contract totals are based on unit prices,
and in the case of Mr. Duffin's tender, the total contract price on the last
page did not include all of the ~nit prices. The addendure was signed by the
tendeter and submitted with the tender. In response to a question raised by
Alderman Schisler, the Director of Municipal ~brks confirmed that all tenders
are checked for accuracy, and corrections made to the total based oa the unit
prices quoted.
Mr. J. Gottli, solicitor for W. Duffin, was granted permission to address
Council on the rotion Of Alderman Cheesman, seconded by Alderman Orr.
Mr. Gottli responded to earlier criticisms of his client with respect to the
starting of construction on a watermain contract awarded previously, and
regarding the dumping of excavated material in connection with another contract.
Fur. Gottli felt the best policy for COuncil to follow was to accept the low
tender submitted and provide for oal'eetition which would be more beneficial to
the City. If tenders were restricted to local contractors only, Mr. Gottli felt
that competition would be reduced, end in the long run, the cost would be
greater to the City. Mr. Gottli also pointed out that Mr. Duffin has residents
of Niagara Falls in his m,[loy, and would likely hire additional ~part-tin~ staff
to cu~lete the contract. In response to the tender sukmitted by Mr. Duffin,
Mr. Gottli emplained that there bad been sce confusion as to whether the credit
quotation was to be carried forward.
Mr. J. Ferko of Provincial Coastructien, the second low tenderer, explained
that it was his responsibility to prepare tenders and sutmlit bids for his filln.
Mr. Ferko indicated that in his opinion, the tender documents were quite .c_~lear
.in instructing the tendeter to carry the credit forward.
Further discussion took place on the matter, and the Director of Municipal
Works and the Design & Research Engineer provided additional information in
response to questions raised. FOllowing further oa,lt~ant, it was moved by
Alderman Dilts, seconded by Alderman Fera, that' the report be received and
adopted. The m~tion Carried with the following vote:
AYE: . Aldermen Dilts, Fera, Baker, Merrett, PUttick, Kerrio and Somerville.
~YE: Aldermen Chensman, Orr and Schisler.
Aldermen Cu~ings and Janvary declared conflicts of
interest and abstained frc~ voting on this totter. ·
-3-
4) that future councils give consideration to the possibility of budgetting
monies for a canal crossing on an annual basis until a final decision is made on
the need for some type of crossing in this area; and 5) that the Region be
requested to ensure t/~at Portage Road at its intersection with Thorold Stone
Road remain open.
Considerable discussion took place on this matter, during which time
members of COuncil cor~nented on whether financial involvement by the City was
justified, particularly when the Region was not interested in replacing the
existing structure. During the discussion cn the totter, a suggestion was made
by Alderman Merrett that the Region be requested to erect larger signs on
Morrison Street between Portage Road and Drtm~nond Road indicating the
continuation of Portage Road north.
In addition, Mayor Thc~scn felt that a resolution should be prepared and
sent to the Province and Ontario Hydro, requesting that they re-examine their
priorities as far as construction and maintenance of the various bridges over
the Hydro Canal in Niagara Falls were concerned.
Following further discussion, it was moved by Alderman Baker, seconded by
Alderman Dilts, that Recommendations #1, #2 and #5 contained in the report be
adopted, end that the Region be requested to erect larger signs on b~Drrison
Street between Portage Road and Drunmond Road indicating the c~ntinuation of
Portage Road north. The motion Carried with Alderman Cummings voting eontrary,
Alderman PUttick abstaining on a conflict of interest, and all others voting in
favour.
It was then moved by Alderman Janvary, seconded by Alderman Cheesman, that
the Chief Administrative Officer prepare a resolution to be sent to the Province
and Ontario Hydro, requesting a re-examination of their priorities for the
c~nstruction and maintenance of the various bridges over the Hydro Canal in
Niagara Falls. Carried Unanimously.
AGREEMENT WITH CALAGUIRO B~OS. LIMITED AMENDING SUBDIVISION AGRE~MPlgT FOR
CALAGUIRO ESTATES PLAN OF SUBDIVISION
Report No. 714 - Chief Administrative Officer - The report provides information
on oa~,lents made by the developer of this subdivision with respect to payment
for a watermain installation, and advises that a by-law has been prepared to
-amend the subdivision agreenent in this regard.
ORDERED on the motion Of Alderman Dilts, seconded by Alderman Merrett, that the
report be received end adopted. The motion Carried with Alderman Schisler
voting contrary, Alderman Cummings abstaining on a conflict of interest, and
all others voting in favour.
WIIiDUGHBY DRIVE - ROMAGNANO PROnr.MM
Report No. 715 - Municipal Works C~rtittee - The report reconmends that no
action be taken en this roadway by the City at this time.
ORDERED on the motion of Alderman Chee-~nan, seconded by Alderman Cunmnings, that
the report be received and adopted. Carried Unanimously.
CHAMBER OF ~E STUDY ON EUPLICATION OF SERVICES AND COSTS CONCERNING
REGIONAL AND ~3NICIPAL GOVERNM~gT
Cal'/,unioation No. 369 - Chamber of Commerce - The cul,lunication advises that it
will not be possible to supply a copy of the subject study for the November 1st,
1982 CoUncil meeting.
ORDERED on the motion of Alderman Currulings, seconded by Alderman Cheesman, that
the c~,e~unication be received and filed. Carried Unanimously.
CReWLAND BY-IAW 82-20 OBJECTIONS
FORTAGE ROAD BRIDGE OVER HYDND CANAL
Report s
Pegice r es e Bridge over the Hydro CanaD
2) Before the de~olitien is started, that the Regice install a suitable sidewalk
providing a connectice along the new Portage Road and Morrison Street alignment
frum Althea Street to the old Portage/Morrisce Street intersectice and that t~e
Report No. 682 - Chief Administrative Officer - The report recul,,ends the
letters of objection to By-law 82-20 be forwarded to the Ontario Municipal Board
with a request for a hearing relative to two objections; and 2) That the Ontario
Municipal Board be advised that Council is prepared to pass an amending by-law
to exclude certain lands from the application of By-law 82-20 in the attenpt to
resolve the majority of objections.
Regice make arrangements necessary to ansure continuity of any underground IReport No. 716 - Chief Administrative Officer - The report advises that Mr. K.
utl~ities which now exist across the bridge (i,e, watermains)~ 3) That h~leS Biggar has met with the Planning Director on the proposed by-law and is
.curre~.tly in the reserve fund fur this bridge be retained as a reserve fundl considering whether or not he will object to the by-law.
, , : , ORDERED on the ~ice of Alderman Orr, seconded by Alderman Chessman, that .
4
Report No. 682 be received and adopted. Carried Unanin~usly.
ORDERED on the r~Dtion of Alderman Cummings, seconded by Alderman Janv~ry, that
Report No. 716 be received and filed. Carried Unanimously.
No. 717 - Chief Administrative Officer - Re: Request for Release, Lots 189 and
191, Plan M-29 - 2782 and 2789 Kennedy Court. The report recfmmends passage of
by-law to authorize a release of Lots 189 and 191, Plan M-29 from the provisions
of a subdivision agreement between the City and Taro Properties Inc. dated the
20th day of November, 1974 and registered the 30th day of April, 1975 as
Instrument No. 232482, as amended by an agreement dated the 29th day of August,
1975 and registered the 1st day Of October, 1975 as InstrLm~nt No. LT-2013, for
Registered Plan M-29.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that
the report be received and adopted. Carried Unanimously.
No. 718 - Municipal WOrks Con~nittee - Re: 1982 Capital Budget. The report
rec~l,enda passage of certain by-laws for the outstanding projects in the 1982
Capital Budget, incuding revisions to the debenture amount and additional
projects.
Additional information ~as provided by the Director of M~3nicipal WOrks in
response to a number of questions raised by Alderman Baker.
ORDERED on the motion Of Alderman Dilts, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 719 - Municipal WOrks Cc~m~ittee - Re: Lot Grading & Drainage Policy 1982.
The report reckaA,aends adoption of the proposed Lot Grading & Drainage pOlicy,
1982.
ORDERED On the motion of Alderman Dilts, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 720 - Municipal Works Comittee - Re: Solid Waste Disposal Control, Mountain
Road Sanitary Landfill Site. The report advises that the City is n~ in a
positionto in~lenent the new sanitary landfill site control system.
ORDERED on the motion of Alderman Dilts, seconded by Alder~knn Cunmlings, that the
report be received and filed. C~rried Unanimously.
No. 721 - Municipal Works Ccemittee - Re: MOunt Forest II Subdivision Staging.
The report recuLa,enda approval of the staging Of the MOunt FOrest II Subdivision
as follc~s: i) Stage I shall include Part 1 of Plan 58R-3436, Lot 35, Lot 9, Lot
18, Lot 19, Lot 20 and Lot 21; ii) Stage II shall include Lot 8, ~ots 10 - 17
inclusive, Lots 22 - 26 inclusive; and iii) Stage III shall include Lots 1 to 7,
Lots 27 - 34 inonsive, and Lots 36 - 38 inclusive.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
No. 722 - Chief Administrative Officer - Re: Extessie] of Unit Prices of
COntract R.C. 20-82 to Apply to AScot Woods Extn. I Subdivision. The report
rec~,~,ends that the unit prices suk~itted by the low tenderer for the
construction of base asphalt in the MOnroe EXtension Subdivision (R.C. 20-82) be
extended to apply to the AScot Woods Extension Subdivision, Post Road.
In response to questions raised, the Director of Municipal WOrks advised
that the rec~.~endation was to eXtend prices fr~n a previously approved
contract due to lack of time. It was further advised that this course of action
~as being followed at the request of the developer.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that
the report be received and adopted. The motion Carried with Aldermen Cunmings
and Fera voting contrary, and all others voting ~"~F'our.
No. 723 - Chief Administrative Officer - Re.- Services for Stage II (Block "A")
in the Sunnyside Subdivision, Plan M-85. The report reo~,,ends that the firm of
Cavanis Construction C~,~any Limited be allowed to proceed with the installation
of the water and sanitary services to Block "A" in this Subdivision at the bid
price of $8,225.00.
ORDERED on 'the ~otion of Alderman Cheesman, secce~ded by Alderman Cun~gs, that
the report be received and adopted. Carried Unanimously. _
No. 724 - Chief Administrative Officer - Re.- Lease Agreement with Ministry of
Transportatio~ & Cca,~,unicatio~s, The report reeca,,,a passage of a by-law to
provide for a lease agreement with the M.T.C. for a triangular piece Of property
bounded by Palmet Avenue, Hig~n~ay 420 ~and COllege Cresceat in order to control
parking on the property.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman CuI~n/ngs, that
the report be received and adopted. Carried UnanimDusly.
No. 725 - Chief Administrative Officer - Re: Municipal Accounts. The report
recc~Tnends payment of the ~anicipal accounts.
Additional information was provided o~ C~]eques #13166, #13179, #13123,
#13124 and #13172 in response to questions raised by Aldermen Cumings, Orr and
Puttick.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
PETITION
Cormunication No. 370 - Residents of Woodbine Area - Re: Local Intorovements.
The petition requests the construction of certain local inprovements in the
Woodbine Ares.
ORDERED on the nDtion of Alderman Dilts, seconded by Alderman Cheesman, that the
petition be referred to staff and the Municipal Works Comnittee for
consideration in the 1983 Capital Budget. Carried Unanimously.
No. 104 - DILTS - FERA - RESOLVED that the unit prices sukmitted by Provincial
COnstruction (Niagara Falls) Limited for the installation of storm sewers ~n the
N.S. & T., Gallinger Street, Portage Road, DrLumond Road, Crawford Street and
Elberta Avenue, be accepted at the total price of $588,429.00; AND the Seal of
the COrporation be hereto affixed.
Carried with Aldermen
Cheesman, Orr and
Schisler voting cont-
rary, Aldermen Ce
mings and Janvary ab-
staining, and all
others voting in
favour.
ORDERED on the motion of Alderman Cheesnan, seconded by Alderman Baker, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
82-247 - A By-law to authorize the reconstruction of Main Street frc~a Delaware
Street to Stanley Avenue.
82-248 -A By-law to authorize the construction of a sanitary sewermain in the
Maple Redeyelol~nent Area of the City.
.82-249 - A By-law to authorize the installation of a watermain as an i~grovenent
to the water supply system in the Urban Service Areas of the City.
82-250 - A By-law to authorize the reconstruction of a cx~nbined sewermain as an
ir~provement and extensio~ to the sewage systeu in the Urban Service
Areas of the City.
.82-251 -A By-law to authorize the construction of a storm sewermain as an
improvement and extension to the sewage system in the Urban Service
Areas of the City.
.82-252 -A By-law to authorize'the construction of astona sewermain as an
improvement and extension to the sewage system in the Urban Service
Areas of the City.
82-253 - A By-law to authorize the construction of certain works as local
in~rove~ents under section 12 of The Local In~prove~ent Act.
82-254 - A By-law to authorize the construction of a store sewermain as an
inprovement and extension to the sewage system in the Urban Service
Areas of the City.
82-255 - ~h~ to authorize the construction of a store se in the
RedeveloEment Area of the City.
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82-256 - A By-law to authorize the issuance of a Writ of S~mmons.
82-257 - A By-law to amend By-law No. 79-200, as amended. (AM-17/82)
82-258 - A By-law to authorize an agreement with N.P.H.B. Land DeveloFT~ents
Limited and others respecting the Ascot Woods Extension I Plan of
Subdivision (Plan M-78).
82-259 - A By-law to authorize an agreement with Lanmer Consultants (1978)
Lin~ited for engineering services in cennection with the parking and
traffic study.
82-260 - A By-law to authorize the execution of an agreement with Her Majesty
the Queen in Right of Ontario as represented by the Minister of
Transportation and C~cations.
82-261 - A By-law to authorize a release.
82-262 - A By-law to authorize the execution of an agreement with Calaguiro
Bros. Limited respecting the Calaguiro Estates Plan of Subdivision.
82-263 - A By-law to provide n~)nies for general purposes.
82-264 - A By-law to authorize the execution of an agreenent with Provincial
Construction (Niagara Falls) Limited for storm sewer construction on
the N.S. & T. Right-of-Way Gallinger Street, Portage Road, Druzmond
Road, Crewford Street and Elberta Avenue.
Carried with Alderman Cheesman voting contrary on 82-264, Alderman Cunmings
abstaining on 82-262 end 82-264, Alderman Janvary abstaining on 82-264, and
Alderman Schisler voting contrary on 82-262 and 82-264.
ORDERED on the motion of Alderman Marrett, seconded by Aldemnan Kerrio, that the
following by-laws be now given a second reading:
82-247 - A By-law to authorize the reconstruction of Main Street from Delaware
Street to Stanley Avenue.
82-253 - A By-law to authorize the construction of certain works as local
improvements under section 12 of The Local Improvement Act.
Carried UnanimDusly
ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the
following by-laws be now read a second end third time:
82-248 - A By-law to authorize the construction of a sanitary sewermain in the
Maple Redevelo~L~nt Are of the City.
82-249 - A By-law to authorize the installation of a watermain as an improvement
to the water supply System in the Urban Service Areas of the City.
82-250 - A By-lew to authorize the reconstruction of a combined sewermain as an
improvement and extension to the sewage System in the Urban Service
Areas of the City.
82-.251 - A By-lew to authorize the construction of a storm sewermain as an.
improvement and extension to the sewage systen in the Urban Service
Areas of the City.
82-252 - A By-lew to authorize the construction of a storm sewermain as an
ix~orovement a~d extension to the sewage system in the Urban Service.
Areas of the City.
82-254 - A By-lew t~ authorize the construction of a storm sewermain as an
iHproverent and extension to the sewage systen in the Urban Service
Areas of the City.
82-255 - A By-law to authorize the construction of a storm sewermain in the --
~x3dbine RedeveloErent Area of the City.
82-256 - A By-law to authorize the issuance of a Writ of 8ramms.
82-257 - A By-law to ~c~d By-law No. V9-200, as amended. (AM-17/82)
-7-
82-258 - A By-law to authorize an agreement with M.P.H.B. Land Developments.
Limited and others respecting the Ascot ~beds Extension I Plan of
Subdivision (Plan M-78).
.82-259 - A By-law to authorize an agreement with Lanmer Consultants (1978)
Limited for engineering services in connection with the parking and
traffic study.
.82-260 - A By-law to authorize the execution of an agreement with Her Majesty
the Queen in Right of Ontario as represented by the Minister of
Transportation and Con~unications.
82-261 - A By-law to authorize a release.
82-262 - A By-law to authorize the execution of an agreement with Calaguiro
Bros. Limited respecting the Calaguiro Estates Plan of Subdivision.
.82-263 - A By-law to provide nonies for general purposes.
82-264 - A By-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for storm sewer COnstruction on
the N.S. & T. Right-of-Way Gallinger Street, Portage Road, Drun~nond
Road, Crawford Street and Elberta Avenue.
.C~.rried with Alderman CheesEan voting COntrary on 82-264, Alderman Cunmings
abstaining on 82-262 and 82-264, Alderman Janvary abstaining on 82-264, and
Alderman Schisler voting COntrary on 82-262 and 82-264.
NEW BUSINES
HARLEM GLOBETROrrk~RS GAb~
It was moved by Alderman Merrett, seconded by Alderman Kerrio, that
congratulations be extended to the staff for the excellent job done in prc~oting
and arranging the Harlem Globetrotters Game at the Niagara Falls Memorial Arena
on October 30, 1982. Carried UnaninxDusly.
BUDGET FOR PROMOTIONS DEPARTM~qP
Alderman Cummings stressed the need for establishing a proper budget if the
City is going to beocme involved in the prc~otion of its recreational facilities
with such events as the Harlem Globetrotters Game. The Alderman felt that if
the City is to provide adequate facilities and reduce the deficit in operating
these facilities, a proper budget will have to be established.
Mayor Thc~son provided additional information in response to a number of
questions raised by Alderman Puttick COncerning the proFosed Downtown redevelop-
ment scheme, .and the' possibility of obtaining performance bnds frem the
developer.
NORJOHN CONTRACTING
Alderman Kerrio referred to the recent fire that took place at the Norjohn
operatic~ in Niagara Falls, and advised that as a result, the fire was now
cont~[lating telcoating in another City. Mayor Thomson advised that he and the
Chief Administrative Officer would COntact the firm and offer whatever
assistance possible to allew the firm to stay in Niagara Falls.
SUNDAy AND HOLIERY STORE HOURS - DOWlVfChN
Alderman Orr submitted copies of the survey she had andertaken of v~rious
Downtown businesses indicating their preferences for an exemption to permit
stores in the Downtown to remain ~pen en Sundays and holidays. The Alderman
provided scme beckground information on the survey, a~ requested that Council
coasider the matter in conjunction with the Board's request.
Alderman Janvary extended hast wishes to those members of Council seeking
re-election, to Alderman Dilts who would be running for office on Regio~ml
Council and to Alderman Schisler who would not be seeking re-election to City
Council.
-8-
It was moved by Alderman Dilts, seconded by Aldermag_ Merrett, that the
meeting adjourn. Carried Unanimously.
MAYOR WAYNE THOMSON
THIRTY FIFTH ~ETING
Council Chambers
November 22, 1982
REGULAR ~rING
Council met on MAnday, November 22, 1982 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman.
Alderman Kerrio offered the Opening Prayer.
ADOFFION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Curratings, that
the minutes of the meetings held on October 12th and 25th, 1982, be adopted as
printed. Carried Unanimously.
His Worship, Mayor Thanson extended a welcc~e to the 15th and 24th Niagara
Girl Guides and their leaders Darlene Quinn, Joan HUnt, Laurie Muir and Jackie
MOrgan.
DEPUTATION
MR. D. JANUSAS - APPLICATION FOR HAWKER & PEDLAR LIC[~CE
Report NO. 726 - Chief Administrative Officer - The report reoa~lends that
Council decide whether or not to approve a Hawker & Pedlar Licence to Mr. D.
Janusas of Vincea Enterprises in Welland, to sell meat to various custcmers in
Niagara F~lls.
Mr. Janms was granted permission to address Council on the motion of
Alderman Chces~an, seconded by Alderman Fera. Mr. Janusas i~dicated that he was
a wholesale distributor for Springer's Meat Products of Hamilton, and delivered
meat to various restaurants and small stores. Mr. Janusas further indicated
that sales are also made to individuals if they buy in bulk, sc~e of whcm live
in Niagara Falls. Rather than drive to each individual's heine, Mr. Janusas
advised that he parked his truck in a central location (Queen's House HOtel c~
St. Paul Avenue) and his custaners pick up their orders.
In response to a number of questions raised, Mayor Themson advised that no
licerice WOuld be required if the goods Mr. Janusas was selling were for resale,
i.e. to a restaurant or small store. A licenee WOuld be required for the sale
of goods to private individuals for their personal use.
Alderman Chmmmings noted that it %Duld be unfair to grant a licenee under
these circumstances, since the applicant WOuld then be in direct o3,~etition
with local merchants paying business tax. The Alderman further c~l.xented that
if Mr. Janusas were to open a retail outlet in Niagara Falls, the City would be
more than happy to assist him.
FOllowing further c~,,ent, it ~as moved by Alderman Cummings, seconded by
Alderman Orr, that the licenee be denied, and that the report be received and
filed. Carried Unanimously.
{. B. STUNART - Pa~'MESE VEHICLE LIC~CES
Cc/munication No. 371 - Mr. B. Stewart - The c(mmunication makes certain
suggestions with respect to the issuance of refreshment vehicle licences.
Mayor Tr.i~(~on suggested that Mr. Stewart's cka~,lents be referred to staff
for study and the preparation of a report.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Dilts, that the
cu~,zunication be referred to staff for the preparation of a report. Carried
Unanimously.
NIAGARA FAr.L~ BUSINESS AND PROFESSIONAL WaM~lq'S CLUB
It ~as moved by Alderman Cummings, secanded by Aldezman Orr, that the week
of No~z~er 22nd - 27th, 1982, be proclaimed as "Business Wcmmn's Week" in
Niagara Falls, subject to es~Rhlished policy. Carried Unanimously.
-2-
UNFINISHED BUSINESS
POSSIBLE ECATION OF SERVICES AND COST CONCERNING REGIONAL AND MLEqICIPAL
GOM
Ccmnunication No. 372 - Chamber of Cxmmerce - The ce~nunication conments on
possible duplication of services and oost concerning Regional and Municipal
GOvernment.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Baker, that the
matter be referred to staff for ccr~aent, and discussed at a General Ccm~tittee
Session in 1983. Carried Unanimously.
FORMER P~qINSUIA IRON WORKS BUILDING, 5654 ~I/~ AVENUE
Report No. 727 - Chief Administrative Officer - The report advises that the City
has received an informal site plan end a letter of intent frf~n the ~gner of the
subject property, and a meeting can now be held with are residents to review
the site plan.
Cc~mtm/cation No. 373 - Mab-Way Industries Ltd. - The cfm~aunication oc~ments c~
the intentions of the o~ner of the subject property with respect to upgrading
and enhancement of its appearance.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that
the report be received and filed. Carried Unanimously.
SOCIAL PL~qqING COUNCIL ECONOMIC CLIMATE STJDY REPORT
Report No. 728 - Chief Administrative Officer - The report recc~anends that the
cc~m~nts received frcm various agencies in response to the ~c Climate
Study Report, be referred to the Social Planning Council' sad hoc Economic
Climate Study Cc~mnittes for review.
ORDERED On the motion of Alderman Ctmmlings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
E/RIVER I~DAD ~ql~RANCE I/~q[BCAPING PEAN
Report No. 729 - Chief Administrative Officer - The report rec(mm~Ands: 1) That
the Phase 1 plan for landscaping prepared by Chalmen, Murray Associates in
accordance with authorization previously given by Council on October 25, 1982,
be received for information and filed; and 2) That staff ke authorized to
eminence discussions with affected agencies with respect to the final design for
the Queen Street/River Road/Cataract Avenue intersection.
Mr. G. Murray of ChaI~nan, Murray Associates explained the designs for the
phase 1 landscaping plen and indicated that the City would be able,to take
advantage of a $4500 grant for the labour ~nent ~Drk to be carried cut in
the Fall of 1982. Mr. Murray advised that as part of the overall concept of
developing the entrance after the beidings are removed, the plans had been
designed to create a park-like setting, with the overtones of an urban area.
In response to a question raised, Mr. Murray advised that the landscaping plan
will be reviewed by staff, particularly with respect to on-going maintenance.
Alderman Cunm~ngs asked if existing City forces would be utilized in the
project. Mr. Murray explained that persons already e~oloyed do not qualify for
the labcur grant component.
ORDERED on the motion of Alderman Cunmtings, seconded by Alderman Merrett, that
the report be received and adopted.... Carried Unanimouslx.
EMPIJDYMENT OF CC~SUL~qT - DOMqlY~ REVITALIZATION PRO3ECT
Report No. 730 - Chief Administrative Officer - The report ~de app.ro~l
of two by-laws to provide for the services of Mr. L. Zalkind to the City and for
payment of the fees t~0 to a nmx/mum of $20,000 by Patrician Land,Corporation
Ltd.
ORDERED on the motion of Aldermen Cunm%tngs, sec(mded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See By-laws 82-266 and
82-267
The following items were brought forward fDr cc~sideratio~ at this time.
-3-
Report No. 731 - Chief Administrative Officer - Re: Applicatian for Bingo
Licerice. The report r~ds that COuncil approve the application of the
Polish National Union of Canada, Mutual Benefit Society - Branch 12, to conduct
weekly bingo games at the Cultural Centre subject to all rules end regulations
governing the operation of bingo lotteries.
Additional information vas provided by the City Clerk in response to a
question raised by Alderman Jan~-ary.
ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that the
report be received and adopted. The motion Carried with Alderman Cun~tings
abstaining on a conflict of interest, and all"'o'~ers voting in favour.
Report No. 732 - Chief Administrative Officer - Re: Zoning Amendment AM-15/82,
Centennial Video Tech Co. Ltd., Thorold Stone Mall. The report recc~mends
denial of the subject application for the pur[xDse of an Arcade (Pinball or
Electronic Game Establishment).
Mayor Thcmson drew Council' s attention to the nunerous objections received
with respect to this application.
Mr. B.G. Tambakis of Centennial Video Tech Co. Was grented permission to
address Council on the motion of Alderman Cunmings, seconded by Alderman Orr.
Mr. Tambakis indicated that because of opposition frcm councils and echcol
groups in other municipalities, his firm found it necessary to provide an
operation that would answer the concerns of these groups. The major concerns
raised Were children spending excessive amounts of time and money at such
arcades and lack of supervision. Mar. Tambakis advised that in order to overcc~
these concerns, a number of regulations had been implemented - a menbership
progranmB designed so that non-members are not allowed to play, menbership is
restricted mostly to persons over 18 years, persons under 18 require parental
consent, end drinking, ~noking, loitering end foul language are not permitted cn
the prenises. In addition, the games operate an the token system, and the hours
Of operation would be in accordance with neighbourhood wishes. Mr. Tambakis
pointed Out that while sc~ae arcade operators do not institute such regulations
and have given arcades a bad reputation, he felt Centennial Video Tech ran a
very respectable operation. In response to a question raised by Alderman Orr,
Mr. Tambakis advised that his firm bad not. been represented at the Planning end
'DeveloEm~_nt Cc~Faittea meeting, since he had not received notificati(m of the
hearing. The Planning Director provided additional information regarding
notification to the applicant.
Following further c~mment, it ~as moved by Alderman Janvary, seconded by
Alderman Orr, that the report be received and adopted and the application
denied, and further that the letters of objection be received end filed.
Carried Unenimously.
Ccmmunication No. 374 - City of Kitchener - Re: Video Game Arcades. The
ccmmllnication requests endorsement of a resolution calling for the Province to
enact legislation to allow municipalities to regulate video g~me arcades.
Cc~m~E~ication No. 375 - City of Thunder Bay - Re: Video Game Arcades. The
cc~munication requests endorsement of a resolution calling for the Province to
enact legislation to allow municipalities to regulate the hours of operation of
game establishments and those persons permitted to use the facilities.
ORDERED on the motion of Alderman Cum~nings, seconded by Alderman Dilts, that the
resolutions be endorsed. Carried Unanimously.
CO~M~ICATIONS
No. 376 - Atlantic & Pacific Cc~pany of Canada - Re: Sunday end Holiday Store
Hours. The ccmweanication requests that the A & P Stores be allowed the same
opening privileges on holidays end Sundays as those afforded to their
co~0etitors.
Mayor Thcmson advised that he would be recc~mending to the new Council that
a emmtttee be established to review the question of Sunday and holiday store
hours.
ORDERED On the motion of Alderman Cunmings, seconded by Alderman Kerrio, that
the cc~mualication be referred to the discussions on Sunday and Holiday store
hours. Carried Unanimously.
No. 377.- Oshawa Group Limited - Re; ~mday and Holiday Store H~ws, The
cc~mmication requests an exemption under the Retail Business Holidays Act to
permit Towers and Food City to remin c~m on Sundays end Holidays.
ORDERED On the re3tion of Alderman Culmings, seeorbed by Alde Kerrio, that
the emmunication be referred to the discussleas c~ Sunday and Holiday store
hours. Carried Unanin~usly.
] r
No. 378 - Mr. W. Peters - Re: Problems with Street Names. The oa,,,unication
requests that the name of George Street be changed and that St. George Avenue
the
ORDERED on the motion of Alderman Cunmings, seconded by Alderman Fera, that the
cu~,~unication be referred to the Street Name Cc~mittee. Carried Unanimously.
No. 379 - Mr. Edwin A. Sauer - Re: 1982 Man-A-Mile Race. The oa,.~unication
cul. Lends the Director Of Recreation and his staff for their efforts in arranging
the annual Man-A-Mile race.
ORDERED on the motion of Alderman Cunrdngs, seconded by Alderman Janvary, that
the culaLunication be received ara filed, and that the Director of Recreaticn be
congratulated for his efforts. Carried Unanimously.
No. 380 - Regional Municipality of Niagara - Re: Proposed Paad Widening, Portage
Road at Hydro Road/Marineland Entrance. The cuL,,unication advises that funds
permitting, intersection improvements will be carried out scmetime in 1983 and
that the Portage ROad reconstruction would follow at a later date.
ORDERED on the raption of Alderman Cunmlings, seconded by Alderman Dilts, that the
culemLnication be received and filed. Carried UnanimOusly.
No. 381 - City of Windsor - Ra: Self-Serve Gasoline Stations. The cu~eLunication
requests endorsement of a resolution urging the Province to enact general
permissive legislatiOn which will enable municipalities to limit the number of
self-serve gasoline stations.
In response to a question raised by Mayor Thc~Ben, the Chief Aaministrative
Officer advised that in his opinion, the onus was upm industry to determine the
number of outlets to adequately serve the public.
ORDERED On the motiOn of Alderman Cummings, seconded by Alderman Baker, that the
cu,.Lunication be received and filed. Carried Unanimously.
No. 382 - Minister of Revenue - Re.' Tax Inpact Study. The c~,.~niOatiOn advises
that the Minister of Revenue has requested the Direr of Field Opertions for
the Property Assessment Prograrmm to prepare a tax impact study, e~ploying a
1980 market value base, for review by City Council.
ORDERED on the motion of Alderman Cunmings, seconded by Alderman Baker, that the
cu,.L-,nication be received and filed. Carried Unanimously.
No. 383 - HAND AssociatiOn of Sewer, Watermain and Road Contractors - Re.' City
of Niagara Falls Contract S.S. 28-82, Storm Sewer, N.S. & T., Gallinger Street.
The cu~.LuniOatiOn protesta Council's action in awarding the subject contract to
the second low tender and requests an explanatiOn of this action.
ORDERED on the motion of Alderman Ckmmings, seconded by Alderman Dilts, that the
cul.~unication be received and filed and a copy referred to the Municipal Works
Cu~a,.~ttee. Carried Unanimously. I
NO. 384 - Federation of Canadian Municipalities - Re.' EStablishment of a Federal
/Provincial/Municipal Liaison Oja,e,~ttee. The ec/,i,unication advises that the
Federation had not endorsed a resolution calling for the establishment of a
Federal/Provincial/Municipal liaison c~.,{ttee, but has endorsed a resolution
calling for the re-es~hlishraent of a Federal Ministry of State for Intergovern-
mental Affairs.
ORDERED on the motiOn of Alderman Ctm~ings, seconded by Alderman Kerrio, that
the ea~.~unication be received and filed. Carried UnaninDusly.
No. 385 - Cancer Research Society Inc. - Re: DonatiOn to the Cancer Research
Society. The cui.~unictiOn requests a grant to be. used in cancer research.
Mayor Thc~son suggested that the the local chapter of the Cancer Society be
contacted and asked to c~,~ent.
ORDERED on the nx~iOn of Alderman Dilts, sec(mded by Alderman C~mnings, that the
oa,eLuniOatiOn be referred to 1983 budget discussions, and that the local chapter
of the Cancar Society be asked to provide information. Carried Unanimously.
Nations Universal The cc~m/nication requests that
City Council proclaim,December 10, 1982 as Human Rights Day in Niagara Falls.
ORDERED On the motiOn of Alderman Janvary, seconded by Alderman Cunwnings, that
the request ,be approved subject ~o established p31icy. Carried UnaninDusly.
No. 387 - Propert Owners AssociatiOn of Nia era-c~-the-Lake - Re, Re-Assessment-
under Section 86-~ of the Asessm~ent Act. ~ oaaatemicatio~ the City
. . requests
-5-
to make representation to the Minister of Revenue to have school taxes removed
frcm Property Assessment as a first step toward tax reform.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the
cxxmEmication be referred to the Finance Coeittee. Carried Unanimously..
No. 388 - Canadian Association of Housing & Renewal Officials - Re: ASsociation
Resolutions frcm the 1982 Annual Meeting. The cc~catlon requests endorse-
ment of resolutions passed by the Association at its 1982 Annual Meeting.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Janvary, that the
ccA,a,unication be referred to staff for the preparation of a report. Carried
Unanimously.
No. 389 - Mr. L. Pugliese - Re: Special Occasion Permit. The cc~m~nication
requests approval of a special occasion permit in conjunction with a hockey
tournament to be held at the Niagara South Arena on March 17 - 20, 1983.
Alderman Janvary stated that she would like to see reports on tournaments
in order to evaluate and assess them for use by the Sports Advisory Conrtittee in
developing a policy on such events. Mayor Thomson advised that he would be
recfrEending to the new Council that a conmtittee be astsblished ~0 study future
prcmotions and operation of arena facilities, special events and minor hockey
involvement, with a view to developing a ccnprehensive pDlicy for the new year.
ORDERED on the motion of Alderman CumTtings, seconded by Alderman Dilts, that the
request be approved subject to established policy. Carried Unanimously.
No. 390 - Dr. R. Biamonte - Re: Special Occasion Permit. The co~uniction
requests approval Of a special occasiOn permit in conjunction with a hockey
tournament to be held at the Stamford Arena on Decenber 3rd, 4th and 5th.
ORDERED On the motion Of Alderman Currulings, seconded by Alderman Dilts, that the
request be approved subject to established policy. Carried Unaninously.
No. 391 - Mr. R.A. Dilts - Re: Agreeneat between Margus Securities Ltd. and the
City of Niagara Falls. The ccmmnication requests approval of City Council to
release the lands covered by the subject agreement (Stanley Avenue/Dunn Street/
Dixon Street area) fr~n the terms of the agreement.
ORDERED on the motion of Alderman Cun~/ngs, seconded by Alderman Kerrio, that
the ece,.,uniOation be referred to staff for the preparation of a report.
Carried Unanimously.
No. 392 - Chamber of Commerce - Re.' Oa,[ulsory Arbitration of Interest Disputes.
The c~,unication requests t~at the City express the views and support of the
business cu~.,unity when submitting erg~nents to other ministries cn arbitration.
ORDERED on the motion of Alderman Curratings, seconded by Alderman Merrett, that
the oamunication be referred to staff for the preparation of a report.
Carried Unanimously.
No. 393 - Mrs. D. [bugan - Re: Intersection of Drum~nd Road and Lundy's Lane.
The cc~muniOation requests that the City make certain improvements to the
intersection of Drlmmond ROad and Lundy's Lane. The o3~,~unication also suggests
that consideration be given to the teaching of self-defence for young children
in the schools.
ORDERED on the motion of Alderman Ctmmlings, seconded by Alderman Janvary, that
the c~,.,unication be referred to staff, the Region, the School Boards and the
Recreation Oa~.dssion for capliant. Carried Unanimously.
No. 394 - Mr. A.A. MacBain, M.P. - Re: New E~ployment ExpansiOn and Develolm~_nt
Progrin '(NRRD). The cu,~,uniOation suggests that the City establish a special
cu,~,~ttes of elected and non-elected officials to c~me up with proposals of
intereat that could be considered for assistance under the subject program.
ORDERED on the motiOn Of Alde~,~n Merrett, seconded by Alderman Orr, that the
cu,,,unicatiOa be referred to staff for the preparation of a report. Carried
Unanimously..
No. 733 - Chief Administrative Officer - Re.' Harlen Globe Trotters Event. The
.report provides informatiOn on the subject event held on October 30, 1982.
Alderman CkmF~ngs oafrented that if the City is going to have facilities,
it Was necessary to establish a budget ec that staff would have the funds
available to pr(rote their use and earn revenue for the City.
ORDERED On the motion of Alderman Ctmmiugs, seconded by Alderman Dilts, that the
report be received and filed. Carried Unanimously.
1_
No. 734 - Chief Administrative Officer - Re: AM-4/81, Greek CUltural Cantre and
Zoning Amendment By-law 81-283, NOrthwest Comer of Stanley Avanue and Portage
Road. The report reoa~,,ends passage of a by-law to authorize an agreement with
the Greek Canadian Cc~ty Association.
ORDERED On the motjan of Alderman Orr, seconded by Alderman Merrett, that the
report be received and adopted. Carried Unanimously.
See By-law 82-269
No. 735 - Chief Administrative Officer - Re: Proposed Official Plan Amendment
NO. 138 and Zoning Amendment AM-13/82, Southland Corporation (Canada) Ltd. The
report advises that by-laws have been prepared to provide for the subject zoning
and Official Plan amendments.
ORDERED on the motion of Alderman Orr, seconded by Alderman Schisler, that the
report be received and adopted. The m0tioa Carried with Alderman Janvary voting
contrary, and all others voting in fayour.
See By-laws 82-268A
and 82-268B
No. 736 - City Clerk - Re.- AM-14/82, Nimar MOtel Limited, Restricted Are By-law
82-218. The report rec~,,~ends that if the letter of objection to the above
application is not withdrawn within two weeks, that it be suk~nitted to the
Ontario Municipal Board with a request for a hearing.
ORDERED c~ the ac~tion of Alderman C~mings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 737 - Ci.t.~ Clerk - Re: Restricted Area By-law 82-160 to Amend Former
Township of Willoughby Zoning By-law Removing Certain Recreational Uses. The
report advises that the Onf~io Municipal Board has appointed Wednesday,
December 22nd, 1982 at 10.-00 a.m. in the City Hall Council Changpets to hear all
parties interested in supporting or uF~osing the application.
ORDERED on the motion of Aldex~k~n Dilts, seconded by Alderman .Cunmlings, that the
report be received and filed. Carried Unanimously.
No. 738 - Chief Administrative Officer - Re: J. Minnitti, AM-21/82, Proposed ~X
Bicycle Track, 26 Hectare P~uperty between Beechwood and Tc~nline Roads. The
report rec~,Lends denial of the subject application to permit a recreational use
(BMX track) in an ere designated for industrial purposes.
Mr. J. Minnitti edvissd that his solicitor was unable to be present at the
meeting, and requested that the matter be tabled until such time as his
solicitor could attend.
ORDERED on the motiOn Of Alderman Chamings, seconded by Alderman Dilts, that the
report be tabled until the applicant is ready to proceed. The motic~ Carried
with Alderman Orr voting contrary, and all others voting in favour~
No. 739 - C~ief Administrative Officer - Re.- Ten POint Mineral Aggregate Policy
for Official Plan. The report advises that it is the opinifm of the Planning
Departmelt that any Council endorsatic~ of the co~Eerns raised by the Foundation
for Aggregate Studies ~3Uld be pre~.ature mtil Such time as the Ministry of
Natural Resources has redrafted its proposed Land Use Strategy, and the City and
Region have had an u~portunity to identify the key issues of concern, if
ORDERED c~1 the motiOn of Alderman Dilts, seconded by Alderman Cumnings, that the
report be received and filed. Carried Unan~ly.
No. 740 - Chief Administrative Officer - Re.- Request for Release,. Lot 47, Plan
NS-22, 6245 Selaire Avenue. The r=~rt rec~L,~ends passage of a by-law to
authorize a release of Lot 47, Plan NS-22 from the provisions of a subdivision
agreement between the City and Klydel Holdings Inc.
ORDERED On the motic~ Of Alderram1 C~mutngs, seconded by Alderman Kerrio, that
the report be rsoeivad and adopted. Carried Unanimously.
See By-law 82-270
No. 741 - Chief Administrative Officer - Rex Lot 9, Plan M-67, Falls Industrial
Perk ExtensiOn. The ~e~rt reeac,(ends approval of the sale of Lot 9, Plan M-67
to Mr. Frank Certo at a purchase price of $16,011.50 subject to the purdlaser
entering into an Agz~qmBnt Of Purchase and Sale end that the City Solicitor be
authorized to prepare the appropriate legal docummte.
.ORDERED on the motion of Alderman 8chisler, sacc~dad by Alderman Orr, that the
report be received sad adduced. Carried Unanimously.
See By-Xaw 82-271
No. 742 - Chief Administrative Officer - Re.- Christmas ~oliday Clceure at the
Sanitary Landfill Site. T~e ze~rt rec~s,Lends that ~he City's Sanitary Tandrill
-7-
Site be closed on December 26, 1982 (Boxing Day), be open on December 27 and 28,
1982 frcm 8:00 a.m. to 3:00 p.m., be open on January 2, 1983 frcxn 8:00 a.m. to
3:00 p.m., and the advertisenent to this effect be placed in the local press for
the benefit of the public.
ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 743 - Chief Administrative Officer - Re: Waste Management In~orovement
Program and Hydrogeological Study. The report recc~F~alds approval of the temns
of referance for the subject study, and that the following consultants be
invited to submit proposals on undertaking the study: Acres Consulting Services
Limited; Peto MacCall~ Limited; Morrison Beatty Limited; M.M. Dillon Associates
Limited; Gartner Lee Associates Limited: and H.Q. Golder & Associates Limited.
The Director of Municipal WOrks provided additional information in response
to questions raised by Alderman Baker.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the
report be received and adopted. The notion Carried with Alderman Cunmings
abstaining on a conflict of interest, and all others voting in favour.
No. 744 - Chief Administrative Officer - Re: Pipe Crossing Agreement with C.N.R.
for the Installation of a 300 m Diameter Watermain on Kaler Road. The report
recu~izends passage of a by-law to authorize the executicn of a crossing
agreement with C.N.R. in connection with the subject wsrks.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See By-law 82-273
No. 745 - Chief Administrative Officer - Re: Geotechnical Investigation
.Proposals for Falls Avanue Storm Sewer. The report advises that proposals have
been requested frcm various geotechnical firms to determine the feasibility of
t~nnel construction as well as to provide recfx~.en. dations concerning
construction and blasting techniques.
ORDERED on the m~tion of Alderman Dilts, seconded by Alderman Somerville, that
the report be received and adopted. The motion Carried with Alderman Cu~nings
abstaining on a conflict of interest, and all others voting in favour. Carried
Unanimously.
No. 746 - Municipal WOrks Committee - Re: Interim Watershed Plan for the Niagara
Peninsula Conservation AuthOrity. The report reoal~ends that the Municipal
WOrks C~,~d ttee request the Niagara Peninsula Conservation Authority to extend
the October 29th, 1982 deadline for suk~ission of cc~ments to the end of
December, 1982, to allow City Council time to consider this matter.
ORDERED on the motion of Alderman Dilts, secoudad by Alderman Cunmlings, that the
report be received and adopted. Carried Unanimously.
NO. 747 - Municipal WOrks C~,.~dttee - Re: Tender for EquilAment. The report
reoa~,eends that the City purchase one two-way spreader dump body frcm Frink
Canada Ltd. for the sam of $12,393.81 and London Machinery Company Ltd. be so
advised of the City's decision on the purchase.
ORDERED on the tootie3 of Alderman Dilts, seconded by Alderman Kerrio, that the
report be received and adopted. Carried Unanimously.
No. 748 - Municipal WOrks C(mm%ittes .- Re: Updated City Map. The report
rec~l,eends authorization be granted to l~coceed with the preparation of an
updated City map.
ORDERED on the motion of Alderman Dilts, seconded by Alderram1 Baker, that the
report be received and ad~otad. Carried Unanimously.
No. 749 - Municipal WOrks C~i,dttea - Rez Salvaging of Metals, etc. fram City
Trash Rece[~cacles. The report advises that Mr. Charles D. Hall who had
requested permission to selvage matels fram City trash receptacles, had decided
that it WOuld be uneconcmical for him to proceed with his prol~Dsal.
ORDERED On the nDtion Of Alderman Cu~gs, seconded by Alderman Kerrio, that
the report be received and filed. Carried Unani~Dusly.
No. 750 - Chief Administrative Officer - Re~ Contract W.I. 30-82, Watermain
Installations On Kincaid Place, Rice Crescant, Crawford Place and College
Creecant. The report re~e,,ends acceptance .of the unit prices sukmitted by
Blairick Limited for the subject contract, and that Council approve the mode of
financing ontl~nsd.
ORDEPa~ on the nDti(~ of Alderman Orr, seccmded by Alderman Dilts, that the
re~ort be received and adopted. Carried Unanimously.
See ResolutiOn 107
No. 751 - Chief Administrative Officer - Re: Intersection Control. The report
rends preparation of a by-law to: a) Establish Ontario Avenue from its
intersection with Bampfield Street to its intersection with John Street as a
through highway; b) Allow the erection of stop signs on Hamilton Street at Fifth
Avenue; and c) Allow the erection of yield signs on ChiliPan Crescent at Cattell
Drive.
ORDERED on the mgtion of Alderman Baker, seconded by Alderman Cu~Faings, that the
report be received and adopted. Carried Unanimously.
No. 752 - Chief Administrative Officer - Re: Armstrong Cable TV Installation
Valour Park. The report rec~L,l~nds that permission be given to Armstrong
Ca~i~unications to install as underground service within the limits of Valour
Park, as shown on the attached drawing.
Additional information ~as provided
Alderman Kerrio and A~derman Schisler.
ORDERED on the nl)tion of Alderman Dilts,
report be received and adopted. Carried
in response to questions raised by
seconded by Alderman Kerrio, that the
Unanimously.
No. 753 - Chief Administrative Officer - Re: Account with Abell Waco for Bee
Control. The report rec~uends that ACCOLUIt #12292 in the amount of $75 be paid
to Abell Waco Limited, end the existing rat, groundhog end skunk control be
expanded to include the extermination of bees on City cwned property.
ORDERED on the motion of Alderman C~eid31gs, seconded by Alderman Cheesman, that
the report be received and adopted. CarTied Unanim3usly.
-9-
No. 105 - CLlt~INGS - DILTS - RESOLVED that the Drake Pirates Hockey Club be
granted permission to conduct a beer concession in conjunction with their
tournament on March 17th to 20th, 1983 at the Niagara South Are subject to the
approval of the Niagara Regional Police, the Niagara Falls Fire Department, the
Niagara District Health Unit end the Liquor Licensing Board of Ontario; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimous~ly
No. 106 - Ct~E~INGS - DILTS - RESOLVED that the Stamford Oldtimers Hcckey
Association be granted Permission to conduct a beer concession in conjunction
with their Fifth Annual Hockey Tournament on December 3rd, 4th, and 5th, 1982 at
the Stamford Memorial Arena subject to the approval of the Niagara Regional
Police, the Niagara Falls Fire Department, the Niagara District Health Unit and
the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously
No. 107 - ORR - DILTS - RESOLVED that the unit prices submitted by Blairick
Limited for the installation of watermains on Kincaid Place, Rice Crescent,
Crawford Place end College Crescent, be accepted at the tendered price of
$102,390.64; AND the Seal of the Corporation be hereto affixed.
No. 754 - Chief Administrative Officer - Re: Municipal Accounts. The report
recc~mends payment of the nunicipal accounts.
Additional information was provided on Cheques #13292, #13361, #13430,
#13436, #13492 end #13540 in response to questions raised by Alderman Cunmings.
ORDERED On the motion Of Alderman Dilts, secor~ed by Alderman Fera, that the
report be received and adolYced. The motion Carried with Aldermen Orr and
Janvary voting contrary on Cheque #13321, Alderman Somerville abstaining on a
conflict of interest on Cheque #13543, and all others voting in fayour.
No. 755 - Finance C~l,,attee - Re: Baviaw of 1982 Operations. The report
recc~mends that Council c(msider the report of the Finance CeL,~ttee regarding
the review of 1982 operations, end that City staff and elected officials meet
with Regional staff and elected officials in order to discuss the cost overrun
for pollution control chargee levied by the Region.
ORD~]~ED on the motion of Alderman Ckmmings, seconded by Alderman Dilts, that the
re/x)rt be received end adopted. Carried Unanimously.
No. 756 - Chief Administrative Officer - Re: Municipal Accounts in Question.
The report provides information on Cheques ~12565 and #12524 which had been
questioned at a previous Council meeting.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Scmerville, that
the report be received and filed. Carried Unanimously.
No. 757 - Chief Administrative Officer - Re: Buildings end Inspections
Department Report for October 1982. The report provides information relative to
permit statistics, develo~atent proposals, end eny other noteworthy data that has
OREFRED on the ,f~ion of Alderman Cur~aings, ~sec0~ded by Alderman Kerrio, that
the report be received and filed. Carried Unanimously.
No. 758 - Chief Administrative Officer - Rez Site .Plan Approval for Proposed
3-Storey 28 Unit Addition .to the Colonial Inn, 5591 Victoria Avenue at Walnut
Street. The ru~t recuL,Lends approval Of the sits plan subject to certain ·
ccraitions.
ORDERED on the motion of Alderman Baker, seccslded by Alderman Kerrio, that the
report be received and advised. The motion Carried with Alderman Orr voting
contrary, and all others voting in fayour.
No, 759 - Loan Review Oa,,~attee - Re, Applicaticras for Assistance. The report
recu,,,~ds approval of eight applicati(ms for assistance received under the
Ontario Fk~e Renewal Program.
OR~BR~3 on the ~o~ion of Alder~an Cu~nings, esco~ded by Alde~mn Merrett, that
the relx=t be received and a~c~ed. Car=led Unanimously.
No. 760 - Chief Administrative Officer - Re~ Inaugural Cere-,~y. The report '
provides inforKetion c~ the Inaugural Ceremony to be held on ~-h-aay, Decenber 6,
19820
ORDERED On the ,,~Lcn of Alderman Dilts, seconded t~/Alderman C~mlntngs, that the
sl
report be received amd filed. Carried Unantm0u y.
Carried Unanimoue..1~
BY-LAWS
ORDERED on the rotion of Alderman Cunlnings, seconded by Alderman Dilts, that
leave be granted to introduce the following by-laws, and the by-laws be reed a
first time:
NO. 82-265
- A By-law to authorize an agreement with ChaEnan Murray
Associates.
No. 82-266
- A By-law to authorize an agreement with Scott Zalkind &
Peers Limited.
No. 82-267
- A By-law to authorize an agreement with Patrician Land Corp.
Ltd.
No. 82-268 (A) - A By-law to provide for the adoption of an ~nendment to the
Official Plan of the Niagara Falls Planning Area.
No. 82-268 (B) - A By-law to amend By-law 79-200, as amended. (AM-13/82)
NO. 82-269 - A By-law to authorize the execution of en agreement with Greek
Canadian Conmunity ASsociation.
No. 82-270
No. 82-271
- A By.-.law to authorize a release.
- A By-law to authorize the sale of Lot 9, Plan M-67 Falls
Industrial Park Extension to Frank Certo.
No. 82-272
No. 82-273
No. 82-274
- A By-law to authorize the execution of en agreement with
Blairick Limited for watermain installations on Kincaid Place,
Rice Crescent, Crawford Place and College Crescent.
- A By-law to authorize the execution of an agreement with
Canadian National Railway Oal~any.
- A By-law to amend By-law No. 6340, providing for the erection
for Yield Right-of-Way signs at certain intersections in the
Municipality.
No. 82-275
- A By-law to amend By-law No. 7531, being a by-law to provide
for the erection of stop signs at intersections.
No. 82-276
- A By-law to ~mend By-law 3790, being a by-law for the
regulation of traffic. (Glenholme Avenue)
No. 82-277
- A By-law to amend By-law 3790, being a by-law for the
regulation of traffic, (Colborne Street)
- l0 -
No. 82-278 - A By-law to provide m~nies for general purposes.
Carried with Alderman
Janvary voting contrary
on By-laws 82-268A and
82-268B, and all others
voting in favour.
ORDERED on the motion of Aldern~n Fera, seconded by Alderman Dilts, that the
following by-laws be now read a second and third time:
No. 82-265
- ABy-lawtoauthorizeanagreementwithChaFmanMurfay
Associates.
No. 82-266
- A By-law to authorize an agreement with Scott Zalkind &
Peers Limited.
No. 82-267
- A By-law to authorize an agreement with Patrician Land COrp.
Ltd.
No. 82-268 (A) - A By-law to provide for the adoption of an amendment to the'
Official Plan of the Niagara Falls Planning Are.
No. 82-268 (B) -.A By-law to amend By-law 79-200, as amended. (AM-13/82)
No. 82-269
- A By-law to authorize the execution of an agreenentwithGreek
Canadian emmunityAssociation.
NO. 82-270 - A By-lawto authorize a release.
No. 82-271
- A By-law to authorize the sale of Lot 9, Plan M-67 Falls
Industrial Park Extensicn to Frank Certo.
No. 82-272
- A By-law to authorize the execution of an agreement with
Blairick Limited for watermain installations on Kincaid Place,
Rice Crescent, Crawford Place end College Crescent.
No. 82-273
- A By-law to authorize the execution of an agreement with
Canadian National Railway Cc~pany.
No. 82-274
- A By-law to amend By-law No. 6340, providing for the erection
for Yield Right-of-Way signs at certain intersections in the
Municipality.
No. 82-275
- A By-law to ~nend By-law No. 7531, being a by-law to provide
for the erection of stop signs at intersections.
No. 82-276
- A By-law to enend By-law 3790, being a by-law for the
regulation of traffic. (Glenholme Avenue)
No. 82-277
- A By-law to amend By-law 3790, being a by-law for the
regulation of traffic. (COlborne Street)
No. 82-278 - A By-law to [=ovide ~,ua es for general [urposes.
Carried with Alderman
Janvary voting cxmtrary
ca By-laws 82-26~ and
82-268B, and all others
%~fcing in fayour.
N~q BUSINESS
~MESS~
Mayor Thu~on extended a welccme to Mayor-Elect Heinz Faroreel' of FOrt Erie,
and to Aldermen-Elect Coville, Hinsperger and Keighan.
NeMINATION 0[ GORDON SIN~.wrON FOR M~RSH TROPHY
Alde~],~n Cummings advised that the Toronto Star ~as accepting nue~nations
for the Lou Marsh F,,~rial T~o~y for athlete of the year. In view of the
- 11 -
accomplishments in cycling by Gordon Singleton, Alderman Cunmings felt that
citizens of Niagara Falls should send in as nk~ny forms as possible ~inating
Mr. Singleton for the award. It ~ras moved by Alderman Cunmings, seconded by
Alderman Merrett, that City Council nominate Mr. Gordon Singleton for the Lou
Marsh Memorial Trophy, and that the citizens of Niagara Falls be encouraged to
support Mr. Singleton for this award. Carried Unanimously.
ASSESSMENT OF CABLE T.V. LINES
It W~S moved by Alderman Schisler, seconded by Alderman Kerrio, that staff
investigate the possibility of assessing Cable T.V. lines for taxatio~ purposes.
Carried Unanimously.
SATRrLTTEANTENNA DISHES
It Was moved by Alderman Baker, seconded by Alderman Kerrio, that staff be
directed to prepare a report on the possibility of regulating the use of
satellite antenna dishes in residential areas. Carried Unanimously.
RT.FCTION EXPENSES
In response to a question raised by Alderman Baker, Mayor Thc~son indicated
that he vaDuld not be suhnittir~ a statement of his election expenses and
campaign contributions to Council. The Mayor expressed his displeasure over the
manner in which this subject had been handled, and stated that he had indicated
to the press what he would be doing in this regard.
Further discussion took place regarding the possible investigation of means
to regulate cx3npaign s~ending, during whichtime it wss noted thatCOuncils in
the past had gone through thisexarcisaandhadalWaysdecided notto institute
any regulations.
FUEL FOR CHIPPAWA VOLUNTEER FIRE D~PARTM~V[ VEHICLES
It Was moved by Alderman Dilts, seconded by Alderman Cunm/ngs, that the
Fire Chief be asked to investigate the possibility of having vehicles fr~n the
ChippaWa Volunteer Fire Department, re=fuel in ChippaWa instead of travelling to
the nunicipal !rard. Carried Unan/m0usly.
It Was moved by Alderman Merrett, seconded by Alderman Chees~an, that the
meeting adjourn. Carried Unanimously.
THIRTY~SIXTH~ MEETING
Conmittee Roc~ #1
November 29, 1982
COM~IqvfEE OF THE W~DLE
Council met on Monday, November 29, 1982 at 7:15 p.m., in Conmittee of the
Whole. All members of Council were present with the exception of Aldermen Orr
and Kerrio. Alderman Cheesman presided as Chairman.
Following consideration Of the it~e~esented, the Comnittee of the Whole
arose without reporting. .. ~ ~ ~..
REGULAR
Council Chambers
Novenber 29# 1982
Council met on Monday, November 29, 1982 at 7:30 p.m. £or the purpose o£
considering general business. All members o£ Council were present with the
exception of Aldermen Orr and Kerrio. His Worship, Mayor Thcascn presided as
Chairman. Alderman Cheesman offered the Opening Prayer.
MAYOR ~AYNE THOMSON
ADOPPICN OF MINLFPES
ORDERED on the rotion of Alderman Merrett, seconded by Aidera Baker, that
the minutes of the meeting of November 1, 1982, be adopted as printed. Carried
Unanimously.
DEi'JEATION
MR. L. HAIL - St~ERLFA ACRES CONDOMINIUM
Mr. Hall was not present to address Council.
LNFINISHED BUSINESS
PRDPERTY SZ~II~RDS BY-IAW 74-204, MR. J. GRAASKAMP, 4767
Report No. 761 - Chief Administrative Officer - The report advises that the
subject owner's applicaticn for judicial review of a previous decision by Judge
T.J. Jacob, was dismissed by the Supre Court of Ontario in the Divisional
Court in Toronto.
ORDERED on the ,ta)~ion of Alderman Cunmdngs, seconded by Alderman Chsesman, that
the report be-received and filed. Carried Unanimously.
COM~3NICATIONS
No. 395 - Regional Municipality of Niagara - Re: Water and Sewag~ Flows by
Municipality for October, 1982. The c~t~nicaticn provides a cc~oarison of
water and sewage flows by municipality during the month of October, 1982, for
1981 and for the five year average 1977-81 inclusive.
In view of discussions by the Firmnce CA~,,l'}ttse related to an account frcm
the Region, Alderman Puttick suggested that the cc~munication be referred to the
Finance Cu~,,~ttee for information. Alderman Chsesma~ advised that a
recc[~rendation was adopted by the Finance O~,,,,]ttse for City and Regional
officials to meet and discuss the charges for sewer and water flows. Mayor
Thomson confirmed that this raeeting had been held.
ORDERED On the nDtion of Alderman Cunmlings, seconded by Alderman Dilts, that the
ou,=-,nication be. referred .to the Finance Ommittse fc~ informaticn. Carried
Unanimously o
No. 396 - Zeller's Ltd. - Re: Store Hours on Certain Holidays. The
~,,,unication regues~ an ex~,~ion u~der the Retail Business Holidays Act in
order ~o remain open on Victoria Day, D~on Day and Labour Day.
ORDerED c~ the h~ion of Alde~n C s, secoraed by Alderman Merrett, that
the ~a~,unicati(m be referred to dis~s~ c~ Sunday and holiday store hours.
Carried Unanimously.
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order to renain open on Victoria D~y, Dc~inion D~y and Tabour Day.
ORDERED on the motion of Alderman Ckn~mings, seconded by Alderman Merrett, that
the c~l~,unication be referred to discussions on Sunday and holiday store hours.
Carried Unanimously.
No. 397 - Mr. G. Fuller - Re: ZOning By-law Amendment 82-160, Deletion Of Uses
from Rural ZOne, Fon~er Willoughby By-law. The c~L.,unicatic~ outlires certain
concerns with respect to the provisions of By-law 82-160 on lands owned by
Mr. Fuller, and requests that these concerns be fofw-drded to the Ontario
Municipal Board to have certain provisions m~de in order to continue with the
uses on the lands previously approved.
Mr. Fuller was granted parmission to address Council 0~1 the motion of
Alderman Cum~dngs, seconded by Alderman Dilts. Mr. Fuller explained that his
project was designed primarily for use in the cul,~unity by senior citizens.
There would be a recreational building, and can~round facilities as well.
Senior citizens %Duld use the facilities free of charge, and Mr. Fuller hoped
this would be expanded to include retarded persons. When the plans were
originally prepared, the project had been a permitted use under the existing
zoning. Mr. Fuller advised that it had originally bee~ proposed to have two
buildings c~1 the property, however for financial reasons, this wss reduced to
one. Unfortunately, it was not discovered until later, that the plans for the
remaining building which were submitted to the Building Department had not
included kitchen and washr(xm~ facilities. Whe~ this error was discovered and
the plans amended, Mr. Fuller found that the use ~as no longer permitted as a
result of the passing of By-law 82-160. Mr. Fuller provided additional
information in response to a number of questions raised.
Mayor Thc~sc~ suggested that the matter be referred to staff for a report
to be considered at the first regular meeting in Decenber, prior to the Ontario
Municipal Board hearing on By-law 82-160. The Planning Director indicated that
he had contacted the Building Department and requested further information in
the hope of reporting hack to Council prior to the hearing.
Follcwing further ~xaL,tent, it ~as moved by Alderman Chee~Pan, sec(mded by
Alderman Merrett, that the matter be referred to staff for a report at the first
regular meeting in December. Carried Unanimously.
No. 398 - Chamber of C~,~erce - Re: Effect of Bill 11 on Business. The
c~t,:-~nication expresses certain concerns Over the effect of Rill 11 c~ business
and rec~,,fends that enactment of the Bill not proceed.
ORDERED on the ~tion of Alderman Cunmdngs, seconded by Alderman Fera, that the
ea~.,unication be referred to staff for the preparation of a report. Carried
UnaninK3usly · ~
No. 762 - Chief Administrative Officer - Re: Northwest C~munity Sec(mdary Plan.
The report rec~,~,ends: 1) That Council approve the draft Northwest CeL/,~ulity
Seco~a~y Plan on the basis of the attached refinements end ~L~difications;
2 ) That Council authorize staff to proceed with the preparation of a formal
Official Plan amendment for submission to the Ministry of Municipal Aff~s &
Housing; and 3) That staff be authorized to notify oat,~unity residents at the
time when Council will give formal consideration to a by-law adopting the
Official Plan amendment for the purpose of eliciting final public ea~,~ent on the
Secondary Plan, as modified.
ORDERED on the motion of Alderman CunmuLngs, seconded by Alderman Janvary, that
the report be tabled until are residents have been notified. Carried
Unanimously ·
No. 763 - Chief Administrative Officer - Re~ Queen Street/River Road Landscaping
Award of Contract. The 'report recu,~,a that Stevansville Lawn Service, the
lcw tender at $7,135.00 first phase, be awarded the contract. for landscaping of
the Queen Street/River Road entrance.
In response to a,question raised by Alderman Puttick, the Chief
Administrative Officer indicated that the work would improve the appearance of
the properties already under the control of the City, and wuld be incorporated
into the final plan for the entrance to the Downtown.
ORDERED on the motion of Alderman Cun~nings, seconded by Alderman Scmervilie, _
that the report be received and adopted. Carried Unanimously.
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No. 764 - Chief Administrative Officer - Re: Niagara Frontier Humane Society -
Former Premises on Stanley Avenue. The report reccmnends passage of a by-law
authorizing the execution of a quit claim deed frcm the City to the Niagara
Frontier Humane Society with respect to the former shelter property on Stanley
Avenue.
ORDERED on the nDtion of Alderman Schisler, seconded by Alderman Sc~erville,
that the report be received and adopted. Carried Unanimously.
See By-law 82-279
No. 765 - Chief Administrative Officer - Re: 1982 Capital Budget, ProFosed bDcal
ImprOvenent Sanitary Sewer on MDuntsin Road frc~ January Drive Easterly. The
report reccmTends that the petition received on November 25, 1982 from
Mr. A. Calaguiro be added to the previously received petition for ~/~e subject
%Drks.
ORDERED on the n~)tion of Alderman Cheesman, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
See By-law 82-280
No. 766 - Chief Administrative Officer - Re: Municipal Accounts. The report
recemmends payment of the nunicipal accounts.
Additional information was provided on Cheques #13748, #13766, #13773,
#13797, #13800, #13816 and #13854 in response to questions raised.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the
report be received and adopted. The motion Carried with Alderman Cunmlings
abstaining on a conflict of interest on Cheque #13846, and all others voting ]3~
favcur.
No. 767 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement between the
City and Hilltop Cabins Limited, 4976 Clifton Hill.
The City Clerk advised that the report should ke deleted from the agenda.
ORDERED on the mDtion of Alderman Cunmings, seconded by Alderman Fera, that the
report be deleted from the agenda. Carried Unanimously.
No. 768 - Chief Administrative Officer - Re: Bingo Lottery Applications at Rc~an
Court Bingo Hall. The report advises that applications have been received from
the Niagara Falls S~ Club, the Greek-Canadian Cemunity Association and the
Niagara Falls Badminton/Tennis/Lawn Bowling Club to hold bingo games at the
P~Aman Court Bingo Hall.
Oa~,~unication No. 400 - Gambling/Gaming Monitoring Committee - Re: Bingo
Operations. The ca,,lunication provides information on bingo games currently
operating in the City, and recfm~Bnds that City staff be authorized to
investigate the feasibility and legality of appointing a gambling inspector for
the City and further, that the licensing fees from lotteries be increased to
cover the cost of salary for said inspector.
Alderman Puttick felt the matter should be tabled until the Council had an
opportunity to study-the report of the Gambling/Gaming Monitoring Ccemittee, and
its rec<a,,~endation to hire a gambling inspector.
Alderman Cheesman suggested that the matter of a gambling inspector, and
the applications fren the three organizations for bingo licences, were separate
issues and should be treeted as such. The Alderman felt those applications
which fell within the City's present policy for bingo licences, should ~e
granted.
Alderman Janvary felt it %ould be premature to issue any further bingo
licances for games at private bingo halls until all questions and concerns in
this area were answered.
Mr. J. Wilson of the Niagara Falls Sertcma Club, stated that his
Organization was denied a bingo licence earlier, since it had not been in
existence for the required five year period. Now that this criteria had been
met, Mr. Wilson felt it Would be unfair for the City to refuse to grant a
licerice until further studies ere carried out with respect to those bingo games
presently in operation. In this regard, Mr. Wilson suggested that all licencas
be cancelled until the study had taken place.
A representative of the Greek-Canadian Cu~nity Association provided
further information with res[ect to the length of time the Association had been
in existence.
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Following further oa,i,ent, it was moved by Alderman Cheesnmn, seconded by
Alderman Merrett, that the totter be deferred to the 1983 Council. Carried
Unanimously.
No. 108 - e - SOMERVII.L~. - RESOLVED that the tender suhnitted by
Stevensville Lawn Service for the landscaping of the Queen Street/River Road
entrance to the Downtown, be accepted at the total price of $9,000.00; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimously
ORDERED on the motion of Alderman Currulings, seconded by Alderman Cheesman, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time..
No. 82-279 - A By-law to authorize the execution of a quit claim deed to the
Niagara Frontier H~rane Society.
No. 82-280 - A By-law to authorize the construction of camin ~orks as local
improvements under Section 12 of The Local Inlorovement Act.
No. 82-281 - A By-law to authorize an agreement with Stevensville Lawn Service.
No. 82-282 - A By-law to provide monies for general purposes.
Carried with Alderman
Cunmings abstaining on
By-law 82-282, and all
others voting in
favour.
ORDERED on the motion of Alderman Fera, seconded by Aldemnan C~/tings, that the
following by-law be now reed a second t/me.'
No. 82-280 - A By-law to authorize the construction of certain works as local
improvenents trader Section 12 of The Local Improvene~t Act.
Carried Unaninuusly
ORDmaED on the motion of Alderman Fera, seconded by Alderman C~mlings, that the
following by-laws be now read a second and third
No. 82-279 ~ A By-law to authorize the execution of a quit claim deed to the
Niagara Frontier Hu~klne Society.
No. 82-281 - A By-law to authorize an agreement with Stevansville Lawn .Service.
No. 82-282 - A By-law to provide nrmies for general purposes.
Carried with Alderman
Cumnings abstaining on
By-law 82-282, and all
others voting in
favour.
APFOINT~NES
In response to a question raised by Alderman Merrett, Mayor Thcmsc~
indicated that he would he making reo~,~tendatio~s to the new Council with
respect to the aldermanic appointments to various boards end o~.,.~ttees in
order to more evenly distribets the ~Drkload for menbets, and hopefully reduce
the number of evening uBetings per week to be atte/lded.
Alderman Puttick referred to a rec<al~(endation he had made to Council ~th
~es~ec~ to the roof hei~L for accessory buildings, which would have increased
the nmx]mum height permitted under By-law 79-200, to fifteen feet at the leak.
The Alderman noted that an individual recently applied to the Cc~nittee of
Adjustment for a variance frcm the by-law with respect to height requirements
for a garage. The variance granted, provided for a maximun height of fifteen
feet to be permitted. The Alderman felt that if the by-law had been amended as
previously approved by Council, this individual would not have had to go through
the Cormlittee of Adjustment procedure with respect to the height of the garage.
Alderman Puttick suggested that the necessary amendment he prepared as soon as
possible.
PASS~qGER-TRAIN SERVICE - NIAGARA FAL[.g TO TORONTO
In response to a number of questions raised by Alderman Puttick, the Chief
Administrative Officer advised that the Railway Transport Ccmnittee of the
Canadian Transport Commission had ordered that certain passenger-train services
(including the Toronto to Niagara Falls train), will continue in operation
despite an application by VIA Rail end CN to discontinue this service. The
Chief Administrative Officer further indicated that despite the fact the
Conmittee had denied the railway' s request, this did not prevent the railway
from making subsequent applications for discontinuance of the service.
PARKING ON PEER STR~'f'
Ald~ Fera referred to a problen being experienced by the Ontario Food
Market with respect to a parking prohibition on Peer Street, that was causing a
problen for custcmers of the market. The Alderman suggested that the parking
prohibition be reroved. Mayor Thcmson advised that this parking prohibitic~ had
been approved by Council recently, however he suggested that the Municipal
Parking & Traffic Cu~.lHttee oonsider the matter again to determine if any action
could be taken. It was moved by Alderman Fera, seconded by Alderman Merrett,
that the Eettar be referred to the Municipal Parking & Traffic Cca~la ttce for
consideration. Carried Unanimously.
RECYCLING COUNCIL OF ONTARIO
It was moved by Alderman Janvary, seconded by Alderman Dilts, that the
information provided to the members of Council by the Recycling Council of
Ontario be referred to the Municipal Works Cam~ttee for study. Carried
Unanimously.
CHRISTMAS BASKET EXCHANGE
Alderman Janvary felt that this year more than ever, all citizens should be
urged to assist in the Christnk3s Basket Exchange, whether through donations or
by volunteering their time.
RESIDENCE FOR HOM~.F-qS PERSONS
Alderman Janvary expressed concern over a recent article in the local press
concerning hcmeless persons, and felt that the establishment of a residence or
facilities to a~te such individuals should be given a high priority.
Mayor Themson indicated that there is a group in the City investigating this
problen.
MR. GORDON SIN~.RTON
Alderman Cumnings again urged the citizens of Niagara Falls to support
Gordon Singleton by nceinating him for the Lou Marsh Award as athlete of the
year.
pERSONAL M - M~MBERS OF ODUNCIL
His Worship, Mayor Thc~son expressed his appreciation to Alderman Dilts,
Alderman Fera, end Alderman Schisler who would not be returning to City Oouncil
for the 1983-84-85 term, for their work over the years as n~m~bers of Council.
The Maycr also thanked Regicel Councillor Shetar for his interest and
participation in local matters of concern. The Chief Adm/nistrative Officer
also expressed his appreciation to the 1981-82 Council, on behalf of staff,
r~oting that much had been accomplished by the City during the p~st term.
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It was moved by Alderman PUttick, seconded by Alderman Sceerville, that the
meeting adjourn. Carried Unanimously.
FIRST M~T£NG
Council Chambers
December 6, 1982
In accordance with the provisions of The Municipal Act and By-law No. 7268
Of the City of Niagara Falls, the Council met MDnday, December 6, 1982 at 5:00
p.m. in the Council Chambers at City Hall. The Council included His Worship,
Mayor Wayne Thc[nson, Alderman Charles Cheesman, Alderman Patrick Cunraings,
Alderman W.A. Hinsperger, Alderman Robert Keighan, Alderman Norman Baker,
Alderman Paisley Janvary, Alderman Brian Merrett, Alderman Judy Orr, Alderman
Norman Puttick, AldelTmln Dona Coville, Alderman Vince Kerrio Jr. and Alderman
Thc~as Somerville. All members of Council ware present with the exception of
Alderman Scmerville.
The Statutory Declarations of Office end Qualifications were filed with the
City ClerkwhentheOaths of OfficahadbeenadministeredbyHis HonourJudge
Donald Wallace.
It w~s then Ordered on the ~tion of Aldern~n Cheesman, seconded by
Alderman Curegs, that a vote of thanks be extended to His Honour Judge Wallace
for administering the Oaths of Office to His Worship, Mayor Th~nson and the
members of City Council. Carried Unanimously.
Reverend Hugh Appal offered the follc~ing Prayer of Invocation:
Lord God of Heaven, Creator of the entire universe, King of Kings and
LOrd ofLOrds. Keepus ever aware that the gccdthingswa enjoy are
gifts frc~You, and that You have lentthentous. Sanctifywithin us
a burning love for our Country, our Province, our Region, our City.
May our boasting be turned into hunility, our pride into a ministry
for all our citizens.
We thank You for having elected responsibile leaders into the City
Council of Niagara Falls. Bless then as they are called upon to serve
You and fellc~ men here in our City. Bless Your servant Wayne Thcmson
as our Mayor, and may together wa seek the peace, welfare and
protection of all our citizens, and all who dwell with us.
Forgive us our indifferences to Your good gifts, our blind trust in
[x3wer end private possession, our man-made division.
Help us never to neglect our responsibilities, as You have entrusted
this to our Council, and to all citizens, that wa may act only
according to Your Holy will.
We pray for peace of heart, of h~e, City and Nation.
Forgive us our sins and accept our gratitude. Through Jesus Christ
Our LOrd, Amen..'
Following the Invocation, it was Ordered cn the motion of Alderman Baker,
seconded by Alderman Janvary, that Reverend Hugh Appel, the OffiCiating Clergy-
man, be thanked for his presentation of the Prayer of Invocation and soliciting
Divine Guidance for the 1983-84-85 Council. Carried Unan/mously.
His Worship, Mayor Wayne Thcmscn then delivered his Inaugural Address:
Reverend Sirs, HO~o~l~ed Guests, Members of Council and Friends:
Of the mmly pleasent opportunities associated with elected office,
certainly ranking anong the most in~portant in meaninng is the opportunity to be
a part of the Inauguration Ceremonies. It is somewhat cc~parable to welconing a
New Year in that it is a t/me of beginning, of looking ahead and the sharing
with me another our hopes and aspirations for the forthccming term. To those
of you in attendance today and those who will review my remklrks in the press,
your interest has and will add to the significance of the occasice and I am
indebted for your concern. TO all residents of the City who exercised their
franchise in the recent election, may I e~press my appreciation for your
participation in our democratic system. The freedcm of choice that is the very
basis of derocracy is only made possible through the ~,i,~tment of ~al a]~ w~mBn
Who are willing to beccme involved and all(~ their names to be placed on a
One cannot begin a new term without a bit of reflection on tba past.
Election results have a great humbling effect for nunicipal politicians as they
ere democracy' s manner of reminding us of our ultimate responsibility to the
electorate. My re-election as your Mayor serves as a coastant reminder of my
obligation to reflect the confidence that the electorate have both in me and the
people with whcm I have served. The results of the past election, in my
opinion, confirm that the majority of the decisions made by the 1980-82 Council
were acceptable to the electorate. To those members of the past Council who
will not be with us during the forthcc~g year, may I convey my sincere
appreciation for their efforts.
Tony Fera, for the past ten years, gave excellent leadership particularly
in his role as Chairman of the Plannir~ & DeveloEm~nt Committee. In a
comparable manner, Don Dilte w~s instr%mental in the success of the Municipal
Works Cula~attee and his knowledge in this erea will be missed. I would be
reniss indeed if I did not pay special tribute to Herry Schisler who has
retired, concluding scsne 32 years of active service to the cuA,~unity. Harry
served in many wsys - Recreation boards, Deputy Reeve end Reeve of the former
Township of Crowland, member of the County Council end Ward 4 representative
since the incel~tion of the enlerged City in 1970. To all of you. may I express
our appreciation for your contribution and wish you the very best in the
future.
I am pleased to welccme beck to the Council Bob Keighan end Buck
Hinsperger. Their experience will be of utnx3st value in the days ahead. I am
also pleased to welecme a ne~ face to Council - Mrs. Dona Coville as the
representative of Werd 4. I would earnestly solicit the co-operation of all the
members of the new Council to continue the team approach in ~eeting the
challenges that lie ahead - en approach used so successfully during the past
term. In the next three years, it is going to be my responsibility to keep the
harmony end maintain that team effort through providir~ the leadership
necessary. There will be thirteen people running the Municipality and they will
be kept totally informed as far as City matters are concerned - no surprises.
Very oftan Inaugural Addresses are tailored as a challenge to those who
have accepted office. My remarks today are given as a challenge to bDth the
Council end to each and every resident of our Municipality. On previous
occasions, I have stressed the need for greater understanding of the tasks that
lie ahead. Both the Council members end the electorate must be ever mindful of
our hE limitatiels. Upc~ being elected, we did not inherit a divine gift of
wiedcm end individually we will solve little. It is celly through co-o~eration
and understanding betwee~ the elected representatives axed the people they
represent that we can collectively achieve those things that meke for a better
City. Never has the need for co~3peratic~ been more important. We hear little
lately of the positive capacities of the human race. To many, faced ~with the
currant econc~ic problem, ours is not a time of self esteem or self confidence.
For the past twenty years, most nunicipalities experienced rapid
develolm~nt which made available the additional revenue needed to finance
improved services. The result is that municipalities were able to ~vvide a
"cadillac" level of service for their inhabitants. The entire Country now finds
itself in a rapidly changing scenario. The 80's will serve as a reminder that
we live in a changing world and as an astute observer in the sixth century B.C.
decreed, "(~ange is the celly thing that is permanent".
Any change in the form or level of service provided by the ~unicipality
that brings about as improMt in the lifestyle of its inhabitants is usually
taken for grented. Beneficial change is easy to take - so easy that we barely
notice it. It is indeed far more difficult to accept change that inconveniences
us in any way, but we live in a world of change. Our reaction is important
we can either resent or resist it or we can accept the need for change as a
challenge. There is reall no choice as obstructiota of change can beccme
obstruction of progress. ~e tight eccrrm~c situation that our nation finds
itself in will understandably be felt at the local level requiring a re-
examination of all nunicipal functions. In fact, the City Council would be
derelict in its duty if it became insensitive to the eo~-~mic hardship faced by
our residents. The rising cost of providing ~unicipal services created by
inflation and the probloom of the unemployed are probl~ deserving cur
inmmdiate attention. In sharing them c~,,~ts with you, I readily acknowledge
that I do ~ot profess to have the answers ~o all the econcmic woes we no~ face,
however, I am determined to mske every effort to lessen ~heir impact on our
Cit . These efforts my well include entering areas beyond those normally
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earlier includes a re-examination of the limitations of jurisdiction we
previously felt were binding upon nunicipal government. My experience during
the past year in attempting to resolve the prostitution problem, which I was
constantly reminded was within federal jurisdiction, serves as evidence that the
nunicipality has an important role to play in all matters affecting our
residents regerdless of the custcmary ereas of influence. It is with this
philosophy in mind that I believe we should attack the challenge of creating
e~ployment by immediately establishing a special job creation cce~ittee which
will not only include members of Council and nunicipal staff, but also
representatives of other agencies such as the B.I.G. committee, labour, and
Chamber of Cu~,lerce.
The objects of the cc~mittee will be to determine end m~ke full use of all
federal and provincial programs aimed at stimulating the economy. Let me give
you an example - during the oc~ing year, provincial end federal programs will be
available to subsidize labour costs. We nust make optinum use of such programs
as the new e~ployment expansion and develo[ment program to stimulate local
enplo!ment while benefitting frown the ir~provement of local services. For the
past nunber of years, we have recognized the need to improve drainage systems in
the former township of Willoughby end Crowland and the availability of subsidies
on these labour-oriented projects can produce a dual benefit to our area.
To assist the cu~..~ttee, I am suggesting that a member of staff be
designated to investigate, in conjunction with other groups such as the B.I.G.
Agency Inc., the Social Planning Council, etc., all federal ax~ provincial
programs which might produce funds for use in the n~ulicipality. We nust have
the satisfaction of knowing we have taken full advantage of all assistance
programs end have left no stone unturned in cur search.
I would also issue a challenge to all builders and developers to becc~e
involved end suggest to the City any ideas they may have which they feel %Duld
help them in expediting recovery programs.
Pather than waiting for higher levels of government to cc~e to us, I
believe we nust take the initiative of pressing them for assistance in areas
where we feel they have a responsibility. As ~ exanple, during the forthcoming
term of office, the City will be required to replace the Whirlpool Road Bridge
over the Hydro Canal at a considerable expense to local ratepayers. Why should
we be required to carry the entire burden created by a facility (The Power Canal
and Pcwer Plants) that is benefitting all power cons~ers? With Council's
endorsement, I intend to press hydro officials further on this matter.
One of our most important tasks will be to lessen the impact of inflation
on the annual tax demands. I mentioned earlier the need to be sensitive to the
contel~orary situation, but at the same time, we mast maintain an acceptable
level of service. Roads must be maintained, water and sewage services mast
always retain adequate, snow must be ploughed and gerbege collection oo~tinued.
There is an ever present denger of over-reacting by reducing services bel~ an
acceptable level. I.% is, at least, a task involving a delicate belance. As en
example, it would be folly to suggest a reduction that would result in a delay
in responding to a fire alarm or an inability to fight a fire because of
inadequate staff or equiFme~t. In the same manner, the ratepayers of our City,
as shareholders, have millions of dollers invested in assets such as sewers,
roads, buildings, parks, 'playgrounds and it would be penny wise and pound
foolish to allow these assets to unnecessarily depreciate or fall into
disrepair. If the municipality is to keep increases to a reasonable level,
greater productivity with present personnel must be achieved. The program
initiated during the past year to achieve this end must be continued end
expanded upon. Our City has conscientious staff who are well aware of the need
to increase productivity and it is encouraging to note their enthusiastic
response to a recent course a/reed at the use of computers in various municipal
operations. Our department heads have already de~Destrated their concern by
holding several Irestings to determine methods of stabilizing nunicipal costs end
together we must be prepared to look for innovative, imaginative ideas and not
be mlnsoessarily lettered by conventional or pest practices. It is my hope that
this innovative attitude or approach Can be successfully used in several very
important issues facing Council.
All organization~ seeking financial assistance frcm =the municipality have
already been requested to rc-cxamine their operations and budget on the premise
that ~o increase in funding will be available during the ccming year. In a
similar manner, all munici~al departments will be requested to carry out a
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re-examination of basic needs in conjuncticn with their budget estimates and to
include only what is necessary to provide a very basic level of service. The
situation during the ccaning year has been aggravated by several factors beyond
municipal control. The province has indicated that no additional funding in the
form of an increase in existing grants Will be made available. Because of the
recession, increased assessment from new buildings is most tullikely. Any
cont~L~lated increase in expenditures Will therefore be directly reflected on
next ye. ar's tax rat~. iS rote ~[ust already r~fl~ct the .~seace of the ~: ,
It iS the ccebination Of these factors that Will provide 'C~& of our greatest'
concerns and a real challenge in the ccming year.
Since assuming the office of ~ayor, I have been very pleased With the
active involvement shown by menbets of Council in the use of c~,,tittees to
handle various facets of municipal administration. Participation in special and
standing cu~m~dtteas has produced councillors who are more knowledgeable and
thereby better qualified in reaching decisions. The tedious spade work, the
debates on the merits of an idea, the weighing and scrutiny of decisions are
discussed in a proper environment and, as a result, heavy council agandas are
processed With dispatch. Burning the midnight oil has been eliminated through a
more judicious use of time, not to mention the removal of the inherent dangers
in making decisions in the small hours of the morning.
Because of our success in the use of cu,,,dttees and the r~%~d to have the
workload shared as evenly as possible among the members of Council, I propose to
e~pand the conventional standing ou~m,,~ttess by the creation of several '~'M Ho~."
cu,a,'attees to deal with several important matters. Insofar as the standing
c~nmittees are concerned, I would ask the following menbets of Council to agree
to act as Ch~d~man for 'the respective cu,a~,~ttees:
FINANCE
M3NICIPAL WORKS - ALDERMAN VINCE KERRIO JR.
/
As I mentioned at a r.ecent COungil meeting, I ~ave ~sked Alderman Pat Ckmlnings ~/
to act'as Chairman 6~ a' special Ltl,mmtittes to u~aer~ke' {k ~_lete revi,'~e~l~.~,li
.
arena operations. Such a review Will include the pos'sible inonrporati~n'of e
former prceDtions function into a new position which Will .consolidate various
functions. The present organizational structure being used for arenas is badly
in need of revision. At present, citizens Wishing to use our facilities are
presented With n~nerous end confusing alternatives. To arrange for use of a
facility, people are directed to one or all of the Recreation, P~o,otions or
Building and Devel)t Department staff or arena staff. It has r~sulted in an
unworkable situation and embarrassment and inconvenience to users of our
facilities. This ambiguity, duplication of effort end poor ~cation must
end and a structure established whereby greater accountability can be achieved.
While every effort nust be m~de to make ~,~t]rmJm use of our arena functions, We
must keep in mind the principal objective fcT their es~mhlisl~ment, namely
serving the residents of the ~unicipality and in perticuler cur young l~3ople.
Events which constitute a change in priorities nust be carefrilly scrutinized to
make eare that the needs of cur young people re.~n first in importance. This
new cu,.,~ttee Will be asked to report on many aspects of arena operations
including the future operation of the Blue Line Roc[n and to continue in Our
efforts to have a Junior "A" te~n return to the City. It Will be part Of the
C~,~.'.ttes's mandate to determine initially if there is sufficient local 'interest
to properly support a local franchise and if supix)Pc appears to be less than
required, generate a renewed interest in the matter. Recent events held in our
arena facilities,' i.e. The Harlen Globetrotters and Bobby SOlo and Pupo, Itaiien
Rock Stars, have been em~x~raging in that they have provided a variety of
enter~{rment for the people of our City. Such activities must he pursued' ever
recognizing the initial purpose and priorities of our arenas. Alderman Cuni~tngs
has alwayS., demonstrated a gre~t deal .of inter.~st in Fecreational matters and I
~,ffi~t t~ks ~fore the..
As early as ~ossible, I intend to convane a meeting of all agencies and
organizations. in the City presently dealing with the probla,~ of 'the un~,Floyed,
particularly emergency situati~ns. At the present time. there'are n~eroUs
social .age/lcies~ i.e. 8oci.,~ planning . .coun~_il, Chur~.,,~,s. F~aterna! and ,Service
-5-
Organizations end others who have directed their attention to helping to meet
these needs. It ~Duld appear to me that a greeter co-ordination between these
groups would achieve en optimum use of the dollars available. If a certain
organization wishes to assist a specific group in need or if they have a certain
type of assistance available, that kind of help should be known to other people
or organizations involved. The co-ordination I refer to is most important if
the cc~non objective of helping those in need is to be achieved. Without this
co-ordination, delay or duplication of effort will occur and hopefully the
meeting suggested may result in the discovery of additional ways in which help
can be provided.
Last year, a steering oonmlittee was established to deal with problems
facing the disabled and physically hendicapped in our cc~runity and I would ask
Alderman Janvary if she would act as Chairman of this cc~mittee in pursuing the
implementation of any of the recc~mendations rode.
While on the subject of special ccrmittees, I would suggest that such an
'mAD HOC" oa,mu'~ttea be appointed to deal with the many requests currently being
received frcm local businesses requesting exemption frc~ the Retail Business
Holidays Act (Sunday Closings). I am sure that Council will agree that every
attenpt should be made to prevent an opening of "Pandora' s BOx" in respect to
this item. I would suggest that Alderman Orr act as Chairman of this cc~mittes
With the City Clerk as the resource person.
Many of the cu~,attses established to deal with specific items can be
dissolved once their rec(xauendations are adopted and ~lenented.
In the appointment of these c~,,ldttees, I would ask that any Alderman
wishing to serve in an area of special interest notify the Chairman of their
desire to serve. The Chief Administrative Officer will be requested to
designate the appropriate staff to serve as support and resource personnel.
With the ever increasing involvement of members of Council through the
establishment Of standing, special and Ad Hoc conmittees, I would suggest that
CounCil have certain standing c~,.lattess, i.e. Finance, Municipal Works, meet
simultaneously on Monday at 4:00 or 4:30 p.m. on the off-Monday with the Council
Oala~ittes session following the standing cc~mittse meetings. This suggestion
should be kept in mind as the o~,,ldttee remlbership is determined.
In my opinion, there are a number of issues fr~n the past term which
warrent increased attention. The two most inwportant are the proposed
revitalization of the downtown core as proposed by Patrician Develol~nents and
the Lanmer-Fenco Parking, Traffic and Tourism Study.
With respect to downtown redevelo[ment a~] despite the negative criticism
it is periodically subjected to, I remain confident that the City is on the
right and, in fact, the only course to follow. To date the developers have met
every request of the..City for the funds to support the required studies and it
is encouraging that their confidence in our City has not dimin/shad. Certainly
the initial proposal had to be modified and it is not unreasonable that other
modifications Will ha made as the extent of goveMtal funding is clarified.
The Lanmer-Fenco study re~ains the single most important proposal for our
City presented to date and the possible intact ca our City's tourist industry is
nothing short of phil. It bears repeating .that here again, the
manicipality must take the initiative to prevent a loss of the munentun and
interest generated to date. It is ~perative that we move forward with a united
fKu,6 of co-o[eration of all the agencies, tourist industry and the Parks
Coewnission to make sure we get a favourable response from the province in
assisting us With the entire project.
We muat not fail to ~,~Amsize the importance of both these projects in
creating Job uF~ortunities in our municipality.
During the past election car~paign, I expressed my personal disappointment
that the Council had not fully resolved the John Allan Park issue. While I have
no quarrel with the sale itself, my suF~ort was given on the understanding that
the Council would suitably cc~memorate the contribution made by John Allen
through file Iraruing of another park in his m~ory. While the development of the
hydro lands adjacent to the Welland River is certainly advisable, I intend to
press for the naming Of a future park (one which is of a permanent natare rather
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than on a leased basis as in the case of the hydro lands) in fitting
cuLl~moration of John Allan.
One of the most i~portant Objectives Of any COuncil and cne that is
absolutely necessary if we ere to adapt to change is the need for an inferred
electorate. They have an tinquestionable right to ~e kelYc aware of matters of
~unicipal interest and it is my experience that an informed ratepayer is an
understanding ratepayer. With this objective in mind, I propose to make
periodic appearances on our local radio station and I have already been invited
to do likewise on a St. Catharines station. Recognizing the importance of the
local press to convey the activities of Council to its readers, I intend to meet
with then, together with our C.A.O., in the near future to discuss various
proposals to keep our citizens aware of Council activities.
Became Of the ever increasing demands ~riDon the t/me of elected
representatives and the need to stimulate a renewed degree of liaison with our
regional representatives, I would suggest that COuncil examin~ the possibility
of designating a [ortion of one Council cu,,L.~ttee session each month to discuss
items of regional concern. Our Regional Councillors would be invited to attend
and place on the agenda for discussion any items they feel are of concern to the
City COuncil. Such a proposal would eliminate the current need of the Regional
representatives to sit through sessions of formal council meetings dealing with
matters which ere primarily of local concern.
In closing, may I share with you the wording contained in one of a series
of recent advertisements sponsored by a Canadian bank with sc~e minor
modifications. There is a great deal of encouragement and wisdom ara a
challenge contained therein.
"True there ere no instant, easy solutions.
We're all having to tightan our belts.
But it is not the end of the world.
Sure times ere tough right now, but I would like to
point out that this City's instituticns ere basically
sound and its citizens basically strong, and resilient,
and capable of making it through.
And the sooner We all start renmmbering that, 'the better.
So hang in there. We Can DO It."
Together We will successfully meet the "Challenge of Change".
And to my fellow members Of Council, to staff and to each and every
resident of our City, my I extend my sincere best wishes for a very meaningful
Christmas and my hope that the New Year will bring a renewed ccnfidqnce in the
future. Thank you.
It ~as Ordered by Alderman Merrett, seconded by Alderman err, that the
Mayor's aa4ress be included ~n the minutes of the meeting. Carried Unanimously.
It was then Ordered by Alderman Puttick, second. ed by Alderman Kerrio, that
the meeting adjourn. Carried Unanimously.
SECOND MEETING
Coranittee Roc~ #1
December 13, 1982
~'rr~ OF THE WHOLE
Council met on MOnday, December 13, 1982 at 7:15 p.m., in Con, nittee of the
Whole. All members of COuncil were present. Alderman Cummings presided as
FOllowing consideration of the items presented, the COnmittee of the Whole
arose without reporting. .a~
MAYOR WAYNE THOMSON
Council Chambers
December 13, 1982
Council met on MOnday, December 13, 1982 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman err.. His WOrship, Mayor Thomson presided as Chairman.
Alderman Curerulings offered the Opening Prayer.
DECLARATION OF OATH OF OFFICE
}{is Hencur, Judge Johnstone L. Roberts administered the Oath of Office to
Alderman T. S~Lerville.
ADOPTION OF MINUTES
ORDERED on the nDLion Of Alderman Cunrtings, seconded by Alderman Janvary,
that the minutes of the meetings held on November 22nd, Novenber 29th and
December 6th, 1982, be adopted as printed. Carried Unan/mously.
PRESENTATIONS
PRESENTATION TO HIS HONOUR, JUDGE JOHNSTONE L. ROBERTS
His WOrship, Mayor Themson presented His Henour, Judge Johnstone L. Roberrs
With a photographic portrait of the Canadian Horseshoe Falls, in recognition of
his thirty years on the Bench, and many years of contribution to the City.
ACHIEVE~A~T AWARD - ~OBERT FOR~3NA
His WOrship, Mayor Th~on presented an Achieve~aent Award to Robert FOrtuna
who wen the 1982 Canadian Boxing Championship for the Intermediate 112 pound
Class.
tNFINISHED BUSINESS
BY-IAW NO. 82-160 AbraDING BY-LAW NO. 395, 1966 OF THE FORMER TOM~SHIP OF
WILLOUGHBY - I~-rrm~ FROM GORDCN FULL~
Report No. 401 - Chief Administrative bffiosr - The report provides infom~ation
on the concerns of Mr; Gord(m Fuller respecting hie desire to cbtain another
building permit for an addition to the existing barn and garage located on the
subject p~erty in order that he my install washro(mB end a kitchen, and also
with resl~ct to Mr. Fuller's wish to carry on certain other recreational uses on
the balance of his property.
In response to a question raised by Mayor TheBes, the City Solicitor
advised that it was possible for the City to request the Ontario Municipal Board
~o consider an ~nendment that would pem~it Mr. Fuller to carry out the '
additional recreational uses he was prefacing. The City Solicitor pointed out
that the thecry of the city's ease before the Board was that By-law 82-160 was
pessed in order to cc~form with the Regicnal Official Plan, and the land covered
[
2
by By-law 82-160 is within the agricultural section of the Official Plan which
does not permit recreational uses. It w~s further advised that the Regional
Municipality of Niagara Act requires that nunicipelities must make their zoning
by-laws COnform with the Regional Official Plan, and to amend the by-law would
be in violation of the Act. Additional information was provided in response to
further questions raised.
Foll(Twing further oal,lent, it was moved by Alderman Puttick, seconded by
Alden~n Cunm~ings, that the report be received and filed. CarTied Unanin~usly.
COMPULSORY ARBITRATICN OF INTEREST DISPUTES
Report No. 770 - Chief Administrative Officer - The report oD~nents c~ the brief
of the Niagara Falls Chamber Of C~L,,erce with respect to c~L~ulsory arbitration
of interest disputes.
ORDERED on the n~3tion Of Alderman Merrett, seconded by Alderman Baker, that the
report be received and filed, and a copy forwarded to the Chamber of Cu~erce.
Carried Unanimously.
BINGO LO,'r~R~ APPLICATIONS AT ~DMAN COURT BINGO HAIL
Report No. 771 - Chief Administrative Officer - The report rec~/~ends that
Council consider the applicaticrm fr~n the Niagara Falls Sertcma Club, the
Greek-Canadian C~,,tunity ASsociation and the Niagara Falls Badmintfm, Tennis
and Lawn Bowling Club, at the Rcman Court Bingo Hall.
Mr. D. Kallergis of the Greek Cana~an Com~anity ASsociation advised that
although the ASsociation had only held its charitable registration number frcm
the PrOvince for four"ye~s; "the Organization h~d existed for meny years prior
to being classed as a charitable group.
In response to a number of questions raised, the City Clerk stated that all
bingo licences for 1982 would be issued on a three mc~th trial basis. During
this period, a study Will be ~dertaken as reckmended by the Gambling/Gaming
Monitoring C~,,u:ttee, to determine if licence fees should be increased. In this
way, all fees can be adjusted at one t/me if an increase is approved.
Mr. G. Henderson of the Niagara Falls Badminton, Tennis and Lawn Bowling
Club, indicated although the Club had only been registered as a non-profit
COrporation for several months, it had been in existence in Niagara Falls since
1929.
Following further cu~klent, it was ra~ved by Alderman Cheesman, seconded by
Aldeul~n Hinsperger, that bingo liceaces be granted to all three orga~zations.
The motion Carried with Alde~,~n Janvary voting (x~ntrary, and Alderme~ Cunm~hngs
and Kerrio Ftalning c~ a o0~flict of interest.
~ BETW~2~ MARGUS SECURITIES LIMIT.PjU kND THE CITY OF NIAGARA FATa'.c:
The report ~as withdrawn.
CCM~]NICATIONS
No. 401 - -Niagara Peninsula Conservation Authority - Re= Ontario Regulation
220/81 (Fill, C(mstruction and Alteratic~ to Waterways Regulation) Revised
Policies - October 28, 1982. The e~,,,unication advises of a nunbet of changes
in the policies followed in the imple~entaticn of Ontario Regulation 220/81 -
Fill, Construction, and Alteration to Waterways Regulation.
Mr. P. Grandeel was granted permission to address Council on the motion of
Alde~an Cummings, seconded by Alderman Chea~kln. Mr. Grandoni expressed
concern Over the length of time it would take to implerent the regulations,
particularly since filling c~eratic~s had take place in the Beaverdams Creek.
In response to a question raised by Alderman Cheesman, the Director of
Municipal Works stated that the City had no oontrol over such filling operations
until the regulations took effect.
Mayor Thcmson suggested that Ft. Gra/~l-~i be ~otified Whel this totter
it ~s ~ ~ ~d~ ~t, ~ ~ ~d~ C~gs, ~t
~,,,~m ~ ref~ ~ ~ ~ci~l ~ ~t~ f~- ~iderati~.
~i~ ~ly.
-3-
No. 402 - Township of South Fredericksburgh - Re: CormMmorative Stamp. The
ccrmunication requests the endorsement of a resolution calIing for the issuance
of a stamp to cc~me~Drate the Bi-Centennial celebration of the United Empire
Loyalists settlenent in Upper Canada.
ORDERED on the motion of Alderman Cunm~ngs, seCOnded by Alderman Cheesman, that
the resolution be endorsed. Carried Unanimously.
No. 403 - Niagara Falls Business & Industrial Grc~th Agency Inc. - Re: Niagara
Regional Develo[ment Corporation. The cc~munication requests that City Council
inquire of Regional Council the progress of the Niagara Region Develol~nent
Corporation in the four tasks set out in the original proposal for the
Corporation, and whether the Develo~]nent Corporation is engaging or intending to
engage in other tasks not listed which may require additional staffing or
increased funding.
Mayor Thcrnson and Alderman Merrett provided additional background
information on the totter.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Keighan, that
the Regional Municipality of Niagara be asked to ccmnent on the progress of the
Niagara Region DeveloF~ent Corporation in the four tasks origially proposed for
the Corporation, and whether the Corporation is engaging or intending to engage
in other tasks not listed which ~8y require additional staffing or increased
funding. Carried Unanimously.
No. 404 - Local 676, U.A.W. '- Re: Extension of Unemployment Insurance Benefits.
The ea,,~unication requests Council to support the position of the U.A.W. by
writing to the Federal Government Urging the extension of Unenployment Insurance
Benefits during the winter months to all people who are exhausting or have
exhausted their Un~l~loyment Insurance Benefits and are still unable to find
e~131oyment.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that
the position of the U.A.W. be endorsed, and that the M.P. and M.L.A. for Niagara
Falls be notified acCOrdingly. Carried Unanimously.
No. 405 - Ontario Federation of Anglers and Hunters - Re: Conservatic~ Week.
The oa~.,unication requests that the week of February 13 - 20, 1983, be
proclaimed as Conservation Week in Niagara Falls.
ORDERED On the motion of Alderman Cunm~ings, seconded by Alderman Cheesman, that
the request be approved subject to established policy. Carried Unanimously.
No. 406 - Herman Damore Builders Limited and Others - Re: Sidewalks on Latina
Crescent. The c~aLunication requests that sidewalks not be installed on Latina
Crescent.
ORDERED On the motion of Alderman Merrett, seconded by Alderman Janvary, that
the cka~,l~nication be referred to staff and the Municipal Works C~m.]ttee for
consideration. Carried Unanimously.
No. 407 - Ukrainian Community of Niagara Falls - Re: Ukrainian Independence
Week. The ce~,~unication requests that the week of January 22 - 30, 1983, be
proclaimed as Ukrainian Independence Week in Niagara Falls, and also that the
Ukrainian Flag be raised and flown at City Hall that week.
ORDERED On the motion Of Alderman Cummings, seconded by Alderman Janvary, that
the request be approved subject to established policy. Carried Unan/mously.
No. 408 - Uni-Quatro Industries Canada Inc. - Re= Lot 9, Falls Industrial Park.
The ca,,lunication requests assurance frcm the City that legal steps will be
undertaken by the City to stop any vibrations that are created beyond the limit
of Lot 9 as a result of the Niagara Forge operations on that lot.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Cheesman, that
the matter be referred to staff for the preparation of a report. Carried
Unanimously.
Welfare. The be followed by the
PrOvince with respect to Welfare benefits.
ORDERED on the motion of Alderman Ctmmings, seconded by Alderman Baker, that the
c~,municetion be referred to the Regional Municipality of Niagara and the Social
Planning Council for c~ment. Carried Unanimously.
No. 772 - Recreatio~ C~,,,,~esion - Re~ Revisim of Funding Policies and
Pro~eaures Guidelines, Section 1000, Report 263. The report reccemBnds that the
revised Funding Policy dated November 1982 be accel3ted.
-4-
Alderman Cheesman requested that consideration be given to provision in the
Funding Policy that would require organizations requesting funding frcm the
C~,.~.~ssion to have their audits carried out by persons other than cn the
executive of that organization, and that audited statements be sukntitted to
staff for their observation prior to preparation of the budget. Mr. W. P~Dokley
of the Cxmssion indicated that he agreed with the suggestleas made by
Alderman Cheesman and felt they should be considered by the Con~mission.
The Director of Recreation provided additional information in response to a
number of questions raised by Alderman Baker.
ORDERED on the motion of Alderman Cunmings, seconded by Alderman Kerrio, that
the report be received and adopted, and that the suggestions made by Alderman
Chee~n be referred to the Recreation Ccemission for consideration. Carried
Unanimously.
No. 773 - Recreation C~,,~ssion - Re: Recreation Master Plan. Tne report
reca,,~Bnds approval of the agreement between Proctor & Redfern and the City for
preparation of the Five Year Recreation Master Plan, and passage of the
appropriate by-law.
During consideration of this matter, considerable debate took place on
whether the Recreation Master Plan should he undertaken by existing staff or
through the use of a consultant. Information w~s provided by the Director of
Recreation and the Chairman of the Cul,tH ssion in reapcnse to questions raised.
FOllowing the discussion, it was nmved by Alderman Cheesman, seconded by
Alderman Janvary, that the report be received and adopted. The motion Carried
with the following vote:
AYE: Aldermen Cheeenan, Hinsperger, Baker, Janvary, Marrett, Coville, Kerrio
and Sfmsrville.
NAYE: Aldermen C~m~aings, Keighan and Puttick.
No. 774 - Chief Administrative Officer - Re-' Ontario Hydro Property - Welland
River, Part Lots 212 to 218, Inclusive. The report recul,tends that staff work
with the Niagara Parks Oa~,t.{ssion School of Horticulture and two appointed
studants to prepare a proposed plan for the park located on the north shore of
the Welland River between Stanley Avenue and the Hydro Canal, and that any costs
incurred regarding the project be referred to the 1983 budget.
ORDERED on the motion of Alderman C~ings, seconded by Alderman Merrett, that
the report be received and ~a.~ed. Carried Unanimously.
No. 775 - Chief Administrative Officer - Re-' Northwest C~,,,unity Secondary Plan.
The report provides additional information on the Northwest Community Secondary
Plan.
No. 762 - Chief Administrative Officer - Re-' Northwest C~,,(unity Secondary Plan.
The report reeu~z~ends that Council approve the draft Northwest C~,zzunity
Seco~ Plan ce~ the basis of the attached refinenenta and modifications, that
Council authorize staff to proceed with the preparation of a formal Official
Plan amendment for suEmission to the Ministry of Municipal Affairs & Housing,
and that staff be authorized to notify c~zzzunity residents at the time when
Council will give formal consideration to a by-law adopting the Official Plan
Amendment for the purpose+ -oE eliciting final public ca~zLent~ '(m the Secondary
Plan as modified.
CAa~,unicati(M1 NO. 410 - Northwest Patepeyers Association - Re-' Northwest
C~.zunity Seco~a~ry Plan. '~e oa,z,aultcatic~ expresses criticism that residents
were not notified that the Plan would be considered by Council cn November 29th,
a~d sup~.~rts the zom~g of aXl lands bordered by the Q.E.W., Mc~troee Road and
Thorold Stme Road as residantial.
that the matter be referred back to
the Planning & Develo[ment CAa~,l.~ttee for further o0asideration.
Clarification was Fk'ovided by the Planning Director and Chief Adinistrative
Officer concerning the question of notification prior to the November 29th
Council roaming.
Mrs. J. Wade of the Northwest Rate]myers Association, was granted
permission to address Council on the i(~ion of Alderman Keighan, se~]ed by
Alderman Cummings. Mrs. Wade indicated ~hat the residents were upA~sed to any
industrial develo~ within the area bordered by the. Q.E.W., Mc~trose Road and
-5-
Thorold Stone Road. It was further requested that Council deny the request of
Group 2 Development and not refer the matter beck to the Planning & Development
Cut,~ttee, and that advance notification be provided to residents of any future
develol~nent in this area.
Mr. A. Goat of Group 2 DeveloFment Limited, was granted permission to
address Council ~n the motion of Alderman Hinsperger, seconded by Alderman
Cunmings. Mr. Goat advised that his firm was prepared to accept the residential
designation which would ultimately be the zoning for the area, but requested
that the lands south of the watercourse and north of Thorold Stone Road be the
subject of further consideration. Mr. Goat suggested that residential
develuA~ent would not be (xx~patible ~rith the noise generated from the Q.E.W. and
the new access ramps. It was indicated that no industrial zoning was being
proposed and Mr. Goat requested that the area in question be looked at closely
to determine what kind of develo[nent could be properly planned. Mr. Goat
provided additional information in response to a number of questions raised.
Further discussion took place on the matter, during which time several
menbets expressed their concern over the suitability of the subject lands for
residential develoFment.
Foilswing further corenent, it was moved by Alderman C~ings, seconded by
Alderman Janvary, that the reports be received and adopted, and the lands in
question remain residential. The notion Carried with Aldermen Hinsperger and
Keighan voting contrary, and all others voting in favoar.
It was further moved by Alderman Cunmings, seconded by Alderman Chessman,
that the Planning Department notify those individuals who signed the petition
concerning the Secondary Plan, prior to formal consideration of the necessary
amendments by Council. Carried Unaninnusly.
No. 776 - Chief Administrative Officer - Re: Accessory Buildings in Residential
Zones - Maximum Height, Proposed Amendment to By-law 79-200. The report
rec(mmsnds ~assage Of a by-law to increase the maximum permitted heights of
accessory buildings in residential zones.
ORDERED On the motion of Alderman Cknumings, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimously.
See By-law 82-283
No. 777 - Chief Administrative Officer - Re: TV Antenna Dishes in Front Yards of
Residential Zones, Proposed Amendment to By-law 79-200. The report recu,~ends
passage of a by-law to regulate the size and locaticn of TV Antenna Dishes.
Additional infon~ation was provided by the Chief Administrative Officer
in response to a number of questions raised.
ORDERED On the motion of Alderman Baker, seconded by Alderman Cheesman, that the
report be received and adopted. Carried Unanin~usly.
See By-law 82-284
No. 778 - Chief Administrative Officer - Re: Draft Official Plan for the City of
Thorold Planning Are. The report rec~,~ends that the o~munication from the
City of Thorold objecting to flood plain mapping in the City of Thorold be
received and filed.
ORDERED On the ~t~tion Of Alderman Cunm%tngs, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 779 - Chief Administrative Officer - Re.' Pequest for Release Lots 38, 41,
42, 43, 45, 47, 48 and 49, Plan M-53, Charnwcod Avenue. The report reoa,,lends
passage of a by-law to authorize a release of Lots 38, 41, 42, 43, 45, 47, 48
and 49 according to Plan M-53 fr~n the provisions of a subdivision agreement
between the City and Ontario Housing Corporation.
The Chief Administrative Officer and the Director of Municipal Works
provided additional information concerning the requested release, in response to
a n~uber of questions raised by Alderman Cumnings.
ORDERED On the nxYcion of Alderman Merrett, seconded by Alderman Hinsparger, that
the report be received and adopted. Carried Unanimously.
See By-law 82-286
No. 780 - Chief Administrative Officer - Re, Request for Release, Lot 137, Plan
M-29, 7080 Woodgate Street. The report re~u,~end. passage of a by-law to
authorize a release of Lot 137, Plan M-29, fr~n the provisions of the
6
subdivision agreement between the City and Taro Properties Incorporated.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Somerville,
that the report be received and adopted. Carried Unanimously.
See By-law 82-287
No. 781 - Chief Administrative Officer - Re: Lot 32, Registered Plan No. 243.
The report reoalla~nds that City Council approve a lease for a five year period
cc[m~_ncing January 1, 1983 frcm Panloookian Industries Ltd. to Acacia Managenent
Corporation in Trust for Lot 32, Registered Plan 243, known as 5850 Don Murie
Street in the Falls Industrial Park.
ORDERED on the motion of Alderman Ctmm~ings, seconded by Alderman Baker, that the
report be received and adopted. The mDtic~ Carried with Alderman Merrett
abstaining on a conflict of interest, and all ~'aFs voting in favour.
No. 782 - Chief Administrative Officer - Re: Request of Niagara Falls Hydro
Electric Cull~ssion for a Conveyance Of Parts 1 to 5, Reference Plan 59R-3862.
The report recu,,,en~s passage of a by-law to authorize the conveyance of the
lands designated as Parts 1 to 5 inclusive as shown cn Reference Plan 59R-3862
to the Niagara Falls HydroElectric Cu~.~a ssion.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See By-law 82-289
No. 783 - Chief Administrative Officer - Re.' Disposal of Unopened R~ad
All~.-ance. The report rec~,~,~nds that staff be authorized to proceed with the
sale of an unopened road allc~ance between GOre Lots 9 and 10 and Township Lot 8
extending easterly frcm Garner Road to the Q.E.W.
ORDERED On the motion of Alderman Ctmmlings, seconded by Alderman Hinsperger,
that the report be received and ed~uhed. Carried Unanimously.
No. 784 - Chief AdminiStrative Officer - Re: Lease of Former School from Niagara
Parks c~,,,assion for Museun. The report rec~,,ends peseage of a by-law to
authorize the executio~ of a lease renew-ul with the Niagara Parks C~l~ssicn for
the use of a former school c~ the Niagara River Parkway for the purpose of a
ORDERED on the motion of Alderman Cunnings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law 82-288
No. 785 - Chief Administrative Officer - Re.' P£o~osed Sale of Sanitary Landfill
Site - Part Lots 6, 15 and 26, City of Niagara Falls. The report recu~.,ends
that the special purpose reserve fund (Code 11273) be used to finance ~$45,000 of
the $270,000 lump s~n price previo.usly agreed trpon with Ontario Hydro for the
purchase of the subject lands.
Alderman Keighan expressed his concern over the purchase of the lands when
it was not known if they could continue to be used for a landfill site.
Although the lands could be used for park purposes if not a landfill c~eration,
the City would still be faced with an expenditure for the acquisitic~ of a site
for a new landfill site in the future.
The Director of Municipal Works provided edditional information regarding
the purchase of the lands and the possibility of eaviror~en~a]= hearings being
required with respect to its continued use as a landfill site. Mayor Thcmson
also provided beckground information cn the negotiations with On~o Hydro! and
oa~,~nted that the City had little other choice than to purchase the lands.
Following further cc~mmt, it was moved by AIdera Baker, seconded by
Alderman Hinspergar, that the'report be received and adopted. The
Carried with Alderman Keighan voting contrary, Alderman Cunmings abstaining
~'~'f'ct of interest, and all others voting in fayour.
See B~-law 82-290
No. 784 - Chief Administ~ative Officer - Rez Collision ~ata System. The report
reo~,,,a that an eMpenditure of $3,000 be authorized from the 1983 Budget for
the establishment and operatic~ of a collisi(m data syste~n.
Additi~lal informatio~ was provided by the Chief Administrative Officer and
the Traffic & Cc~struction Engineer in res[Ka-.~e ~o a ntmnber of guestions raised.
ORDERED on the m~tim of Alderman Chessman, seconded by Alde~nmn Hinsperger,
~hat the re~ort be received and adu~ed. Carried UFmnim0usly.
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No. 785 - Chief Administrative Officer - Re: Parking on Buckley Avenue. The
report reccr[rends that a by-law be prepared to prohibit parking cn the westerly
side of Buckley Avenue, from Morrison Street 85 southerly, and frcm the easterly
side of Buckley Avenue from Morrison Street to a [oint 80 feet southerly.
The Traffic & Construction Engineer provided additional information
regarding notification to area residents in response to a question raised by
Alderman Janvary.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanhnously.
No. 786 - Finance Co~nittee - Re: Impact Study Regarding a Region Wide
Assessment for Implementing a Regionalized Mill Rate. The report recc~mends
that Council endorse in principle an impact study being undertaken by the
Province for the Region regarding a Region-wide reassessment for use in
implementing a Regionalized mill rate.
ORDERED on the motion of Alderman Cheesnan, seconded by Alderman Baker, that the
report be received and adopted. The report Carried with Aldermen Cunmings and
Coville voting contrary, and all others voting in favoar.
No. 787 - Finance C(m[nittee - Re: 1982 City Overtime Information. The report
provides information on the overtime costs incurred by the City for the period
January 1 - November 4, 1982.
No. 788 - Municipal Works Committee - Re: Overtime Costs for Municipal Works.
The report provides information on overtime costs for the various sections of
the Municipal Works Department.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the reports be received and filed. Carried Unanimously.
No. 789 - Chief Administrative Officer - Re: Municipal Accounts. The report
recur.lends payment of the ~unicipal accounts.
Additional information was provided on Cheques #13949 and #13991 in
response to questions raised by Alderman Cunmings.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Keighan, that
the report be received and adopted. Carried Unanimously.
No. 790 - Chief Administrative Officer - Re: Remedial Repairs to Stamford
MeeDrial Arena. The report reoamends: 1) That the City engage the services of
W.P. London and Associates Limited to prepare the plans end specifictions
necessary for remedial work at the Stamford MemDrial Arena as required by the
Ministry Of Labour; 2) That follcwing preparation of the necessary plans and
specifications, staff be requested to obtain quotations to carry out work
suggested by the consultant; and 3) That the firm be requested to nx3nitor the
effect of snow loading on the building prior to the co~pletien of the work.
The Chief Administrative Officer and Mr. H. Jagadeesh of the consulting
firm provided additional information in response to a number of questions raised
by Alderman Janvary.
In response to a question raised by Mr. C. McGuigan, Mayor Thc~son advised
that the report dealt only with the snow loading on the roof of the are.
ORDERED on the motion of Alderman Ctm[mings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanin~usly.
No. 791 - Chief Administrative Officer - Re.' BUildings and Inspections
Department Report for Novenber 1982. The report provides current news relative
to permit statistics, develoFment proposals and other noteworthy data that has
emerged during the month of November.
ORDERED on the motion of Alderman Ctmmtings, seconded by Alderman Baker, that the
report be received and filed. Carried Unanimously.
No. 792 - Chief Administrative Officer - Re.' SChedule of Council Meetings -
Holiday Season. The report recemmnds approval of the following schedule of
Council meetings for the holiday season.' December 14, 1982 at 5.'00 p.m. to
consider apl:ointments, December 20, 1982 at 5.'00 p.m. for regular meeting, and
January 10, 1983 at 7z30 p.m. for a regular meeting.
ORD~D on the motion of Alderman Ctrmings, seconded by Alderman Keighan, that
the report be received and adopted. Carried Unanimously.
No. 793 - Chief Administrative Officer - Re.' Reproduction of By-laws for Members
Of Council. The report reds that the Council agendas continue to include
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a copy of all by-laws and that the members of Council who do not wish to retain
a copy leave them in the Council Chambers in order that they may be collected
and used by staff.
ORDERED on the motion of Alderman Cunmings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 794 - Mayor Thcmson - Re: EXtension of Provincial and Municipal Programs to
ASsist the Hc~e Building Industry. The report provides informaticn that the
Council of the City of Niagara Falls request the Federal Government to extend
the Canadian Hcme Ownership Stimulation Plan and further that Council also
petition the Province of Ontario to continue the interest free loans currently
available for new hcme buyers.
ORDERED On the motion of Alderman Keighan, seconded by Alderman Curerulings, that
the report be received and adopted. Carried Unanimously.
No. 109 - ~NGS - MERR~rr - RESOLVED that the Corporation of the City of
Niagara Falls hereby petitions for interim subsidy payment under the provisions
of the Public Transportation and Highway Improvement Act c~ expenditures rode
during the year 1982 in the amount of $3,~53,15.2.00; .~ANp. ~e Se] of the
Corporation be hereto affixed. "
Carried Unanimously
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that leave be granted to introduce the following by-laws, and the by-laws be
read a first time:
82-283 - A By-law to amend By-law No. 79-200, as amendedI· --
82-284 - A By-law to amend By-law No. 79-200, as amended.
82-285 - A By-law to authorize the execution of an agreement with Proctor
& Padfern Limited.
82-286 - A By-law to authorize a release.
82-287 - A By-law to authorize a release.
82-288 - A By-law to authorize the execution of a lease with the Niagara
Parks Cc~missic~ for the use of lands and buildings on the
Niagara Boulevard.
82-289 - A By-law to authorize the execution of a deed to the Niagara Falls
Hydro Electric Oata,utssion.
82-290 - A By-law to authorize the purchese of land frc~ Ontario Hydro for the
purpose of a sanitary landfill site.
82-291 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections.
82-292 -,A By-law to amend By-law No. 6340, providing for the erection of
Yield Right-of-Way signs at certain intersections in the Municipality.
82-293 - A By-law to authorize a renewal of the lease of the old City Hall.
82-294 - A By-law to provide monies for ganaral purposes.
Carried with Alden Cummings, Keighan and Puttick voting contrary on By-law
~, AIdera Keighan vot~ contrary on By-law 82-285, Alderman Cun~uLngs
aberaining on By-law 82-285, Alderumn Merrett abstaining cn By-law 82-285, and
all others voting in fayour.
ORDERED On the ~to~ion Of Alderman Keighan, seconded by Alderman Baker, that the
following by-laws be now re~d a second and third
82-28~ - A By-law to amend By-law No. 79-200, as amended.
82-284 - A By-law to amend By-law No. 79-200, as amended.
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82-285 - A By-law to authorize the execution of ~n agreement with Proctor
& Redfern Limited.
82-286 - A By-law to authorize a release.
82-287 - A By-law to authorize a release.
82-288 - A By-law to authorize the execution of a lease with the Niagara
Parks Co~wnission for the use of lands and buildings on the
Niagara Boulevard.
82-289 - A By-law to authorize the execution of a deed to the Niagara Falls
Hydro Electric Cc~mission.
82-290 - A By-law to authorize the purchase of land frc~ Ontario Hydro for the
purpose of a sanitary landfill site.
82-291 - A By-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections.
82-292 - A By-law to amend By-law No. 6340, providing for the erection of
Yield Right-of-Way signs at certain intersections in the Municipality.
82-293 - A By-law to authorize a renewal of the lease of the old City Hall.
82-294 - A By-law to provide mnies for general purposes.
Carried with Aldermen Cummings, Keighan and Puttick voting contrary on By-law
~ Alderman Keighan voting contrary on By-law 82-285, Alderman Cummings
abstaining on By-law 82-285, Alderman Merrett abstaining on By-law 82-285, and
all others voting in favour.
NEW BUSINESS
PARKING ON COLBORNE STREET
Alderman Cummings advised that he had received complaints frc~ the operator
of a heirdressing business at Portage Road and Colborne Street concerning the
recant erection of no parking signs on Colborne Street. The Traffic &
Construction Engineer advised that because of the effect of the prohibition on
the business, staff would be investigating the possibility of removing the
parking restriction in that area. It was moved by Alderman Cunmings, seconded
by Alderman Hinsperger, that the parking signs be removed, and that a report be
submitted to Council on the matter. Carried Unanimously.
TRUCKS - A & P STORE
Alderman Puttick advised that large trucks parking in the area of the A & P
Store at the Tcwn& Country Plaza were still causing a problem for residents in
the area. The Alderman requested the Traffic & Construction Engineer to have
the Regional Police petrol the area more frequently.
It was moved by Alderman Chses~an, seconded by Alderman Merrett, that the
meeting adjourn. Carried Unanimously.
THIRD MI~'rING
Comnittee Rooms 2 & 3
December 14, 1982
SPISCIALMII~rING
Council met on Tuesday, December 14, 1982 at 5:00 p.m. prior to an informal
session dealing with the 1983-84-85 appointments. All members of Councilwere
present with the exception ofAldermanPuttick. His Worship, Mayor Thcmson
presided as Chairman.
RFf~RT
No. 795 - ~ief Administrative Officer - Re: Proposed Sale of Part of Grey
Avenue. The report rec~rends that a narrow strip of land having a frontage of
approximately six feet on the south side of Robinson Street be conveyed to the
adjacent owner to the west for driveway purposes for costs of approximately
$600.00.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Chees~ln, Rinsperger, Keighan, Baker, Janvary, Merrett, Kerrio,
and Scmerville.
NAYE: Aldermen Cummings, Orr and Coville.
It was moved by Alderman Cheesman, seconded by Alderman Merrett, that the
meeting adjourn. Carried Unanimously.
MAYOR WAYNE THOMSON
RDURTH ~ETING
Conmittee Room #1
December 20, 1982
~'Frkr OF THE WHOLE
Council met on Monday, December 20, 1982 at 4:45 p.m., in Ccmnittee of the
Whole. All members of Council were present. Alderman Hinsperger presided as
Chairman.
Following consideration of the items presented, the Con~ittee of the Whole
arose without reporting. . && ' aa a
REGULAR M~T£NG
MAYOR WAYNE THOMSON
Council Chambers
December 20, 1982
Council met at 5:00 p.m. on Monday, December 20, 1982, for the purpose of
considering general t~siness. All members of Council were present. His
Worship, Mayor Tho~sonpresidedasChairman. Alderman Hinspergerofferedthe
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the minutes of the meetings of December 13th and 14th, 1982, be adopted as
printed. Carried Unanimously.
His Worship, Mayor Thcmscn welcomed the members of the St. Eevids
Pathfinders Group to the Council meeting.
DEPUTATION
GRE~r~ NIAGARA TRANSIT COMMISSION - 1983 TRANSIT RATES A~) OPERATIONS
Oa,.,,mication No. 412 - Greater Niagara Transit Cc~nission -The comm/nication
advises thatwithcertain revisions to the existing route system, it willbe
possible for the C~fassicn to live within the proposed 5% guidelines
established bythe Federal and provincial Covernmentswithoutchangingthe fare
structure for at least the first six months of 1983.
Mayor Thcrson advised that he had'received a number of calls from persons
inquiring if the Chippawa route could be ccmbined with the route servicing the
Falls Industrial Park. The Mayor indicated that he had asked the individuals
involved to put their suggestions and concerns in writing, so that they can be
referred to the Transit Ccrmissioa for cDnsideration.
Alderman Cm~nings commended the Cu,,,~ssica for its efforts to contain its
e~penditures within the 5% guidelines established.
ORDERED on the motion of Alderman Cunmings, seconded by Alderman Hinsperger,
that the route changes reccmnended by the Greater Niagara Transit Conmission be
approved. Carried UnaninDusly.
LNFINISHED BUSINESS
AM BETWEM~ MARGUS SEL"jRITIES LTD. A~D THE CORPORATION OF THE CITY OF
NIAC~RA FALLS -
Report No. 796 - Chief Administrative officer - The report recu,~;ends that the
agreement dated April 2nd, 1964 between Margus Securities Ltd. and the City of
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Niagara Falls be terminated after receipt of an ~nount of $4,000 as final
payment for any oonditions pertaining to the April 2nd, 1964 agreement.
ORDERED On the motiOn of Alderman Cheesman, seconded by Alderman Keighan, that
the report be received and adopted. Carried Unanimously.
1982 LOCAL IMPROV~]~qT pROGRAMME
Report No. 797 - Chief Administrative Officer - The report r~ds that two
readings be given to the proposed by-law to authorize the constructiOn of
certain works as local in~rovements under sectiOn 12 of the Local Improvenent
Act.
ORDERED on the motion of Alderman C~mmings, seconded by Alderman Baker, that the
report be received and adopted. Carried Uneus ly. See By-law 82-296
Report No. 798 - Chief Administrative Officer - The report recQm~nds that
Council establish the financial terms (m which it is prepared to proceed with
the closings of certain pedestrian walkw~ys and e~aergency accesses previously
considered by Council.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the City proceed with the closings of certain pedestrian walkways and
emergency accesses On the basis of the City recovering its out-of-pocket
expenses. Carried Unaeusly.
pRDRT.'F'~e,S WITH CATS AND DDGS -- MRS. J. BYART
Report No. 799 - Chief Administrative Officer - The report provides informatiOn
on the cuL[laints raised by Mrs. J. Byart as a result of cats and dogs in her
ORDERED On the ~x)tiOn Of Alderman Chees~an, seconded by Alderman Hinsperger,
that the report be tabled and Mrs. Byart given an opportunity to revie~ and
cEt o~ same. Carried Unanimously.
CO~4AqICATIONS
No. 413 - Niagara Regional Health Unit - Re.' Control of Exotic Pets. The
cu~.,~anication requests that the City consider adopting regulations to control
the keeping of exotic pets.
ORDERED on the motion Of Alderman Cummings, seconded by Alderman Baker, that the
cul~t~ulicatiOn be referred to staff for the preparatiOn of a report..Carried
Unanimously ·
No. 414 - Industrial Accident Prevention Association - Re: Safety Month. The
cuL, iuninatiou requests that the month of January, 1983 be proclaimed as Safety
Month in Niagara Falls.
ORDERED on the motiOn of Alderman Merrett, seconded by Alderman Cuegs, that
the request be approved subject to established policy. Carried Unanimously.
No. 415 - MolsOn's Brewery (Ontario) Ltd. - Re.' 1983 MolsOn N.H.L. SloPitch
Classic. The c~,~lunicaticn requests the City's involveanent in various aspects
associated with the 1983 t(M/rnament.
In response to a questiOn raised by Alderman Janvary, Mayor Thc~zOn advised
that he had met with officials from Molson's, and had indicated that the City
was interested in hosting the annual tournament in 1983.
ORDERED On the motiOn of Alderman C~mnnings, seconded by Alderman Hinsperger,
that the o~','e,unicatiOn be referred to the Finance Coattee for consideratiOn.
Carried Ur~nimously.
No. 416 - Niagara Forqe Inc- - Rel Uni Quatro, Kister Road. The letter
in response to remarks made by the finn of Uni Quarto concerning the Niagara
Forge operatiOn On Kister Road.
O~DERED on the motiOn of Alderman Cunwnings, seconded by Alderl~n Orr, that the
c~,i~unicatiOn be referr&d to staff to be considered in conjunctic~ with the
preparatiOn of the report previously requested (m this matter. The
Carried with Alderman Merrett abstainin~ On a conflict of interest, and all
others voting in fayour.
No. 800 - Chief Administrative Officer - Re~ Proposed A~t No. 13 to the
Niagara Re~ion Official Plan - Severances Of 8~=191us Dwellings from Amalgamated
:~-
-3-
Farn~ - Modified Policies. The report rends that the Ministry of Municipal
Affairs & Housing be advised that the City of Niagara Falls has no objection to
the proposed Official Plan Amendment No. 13 to the Regional Policy Plan, as
modified.
ORDERED on the nntion of Alderman Cummings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unaninnusly.
No. 801 - Chief Administrative Officer - Re: AM-17/82, Restricted Area By-law
82-257, Fornula Fun Centre, MUrray Street and Buchanan Avenue. The report
rends that Council decide if it wishes to reaffirm its approval of the
subject by-law in view of objections received, and if so, that the Clerk be
instructed to forward the By-law, along with the objections, to the Ontario
Municipal Board requesting a hearing.
Mayor Thc]nson provided additional information regarding the objections to
the application in response to a number of questions raised.
ORDERED on the motion Of Alderman Cheesman, seconded by Alden~an Orr, that the
Clerk be instructed to fo~rdrd the By-law, along with the objections, to the
Ontario Municipal Board requesting a public hearing. The motion Carried wi~
Alderman Keighan voting contrary, and all others voting in favour.
No. 802 - Chief Administrative Officer - Re: Encroachment cn Hickson Avenue.
The report reccT~nends that the application for the passing of by-laws to permit
the continuation of the encroachments of a dwelling at 4474 Ferguson Street end
an adjacent concrete block building, upon the Hickson Avenue road allowence, be
approved, and the by-laws given the necessary readings.
ORDERED on the nxDtiOn of Alderman Cunmuings, seconded by Alderman Orr, that the
report be received and adopted. Carried UnaninDusly.
See By-laws 82-300 and
82-301
No. 803 - Chief Administrative Officer - Re: Request for Release, LOts 37 and
46, Plan M-53, Charnw Avenue. The report reea~,~ends passage of a by-law to
authorize a release of the subject lots frcm the provisions of the subdivision
agreement between the City end Ontario Housing CorporatiOn.
ORDERED on the motio~ of Aldernk~n Chsesman, seconded by Alderman Sc~erville,
that the report be received and adopted. Carried Unanimously.
See By-law 82-303
No. 804 - Chief Administrative Officer - Re: Request for Release, Lot 179, Plan
M-29, Lale~nantRoad. The repertrec~a~tends passage of a by-lawtoauthorize a
release of the subject lot fr~nthe provisions of the subdivisiouagreements
between the City and Taro Properties Inc.
ORDERED on them o titan of Alderman Baker, seconded byAldermanOrr, that the
report be received and adopted. Carried Unanin~msly.
See By-law 82-304
No. 805 - Chief Administrative Officer - Re: NPCA InterimWatershed Plen. The
report recum~ends: 1).'That the matterbetableduntil the January i0, 1983
meeting of Council; 2) The publicbe invited, through newspaper advertisements,
to submit o2a,,,ents to the January 10, 1983 Council meeting; and 3) After
consideratio~lofany public inputan d this staff report, Council endorsean
assemblage of cu~ents and forward then to the Niagara peninsula Conservation
Authority for consideratiOn during preparatic~ of their InterimWatershed Plan.
ORDERED on t he motion of Alderman Cu~ngs, seconded byAldermanHinsperger,
that the reportbe receivedam]adopted. Carried Unaninuusly.
No. 806 -Chief Administrative Officer - Re= Municipal Accounts. The report
rec~,(e~dspayment of t he municipal accounts.
Additional informationwas provided OnCheques #14170, #14202, #14206, and
#14189 in response to questiOns raised by AldermanCunmlings and Aldernknn Baker.
ORDERED onthenx3tion of Aldezl~anChees~k~n, seco~dedbyAldernklnBaker, that the
.report bereceivedand adopted. The motiOnCarriedwithAldermanCuegs
abstaining On Cheque #14118, Alder~klnJanvary abst~kning enCheques #14098 and
#14192, Alderm~nKeighanvetingcontrarYOnCheque #14118, and all others voting
in fayour.
No. 807 -Chief Administrative Officer - Re= Inflation Restraint Act 1982. The
report advises t~t in accordance wie~ the Inflation Restraint Act 1982,
collectiveagreerentswithLocal 133, C.U.P.E. andLocal 528, Niagara Fa~ls
Profesei I Fire Fi hters will be extended for a twelve month period and that
rarest/l be w a
cc~(~i increased by 5% ith ~ increase of $750.00.
-4-
The Personnel Officer advised that because of 1983 vacatic~ adjustments
approved in 1982, the v~lue of the increase granted to Local 528, Niagara Falls
Professional Fire Fighters would be 4.78% and not the 5% as suggested in the
re[oft. Additional information w~s provided in response to questions raised by
Aidelinen (Theestain.
ORDERED on the motic~ of Alderman Janvary, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously-
No. 808 - Loan Review Co~ttee - Re: Applications for Assistance. The report
rec~L'el~_nds approval of eight applications for assistance received under the
Ontario Hcme Renewal program.
ORDERED on the nxYcion of Alderman Cuegs, seconded by Alderman Janvary, that
the report be received and filed. Carried Unanimously-
No. 809 - Chief Administrative Officer - Re: Bill ll, to Provide for Licensing
of Businesses. The report provides ~nformation on the status of Bill 11 to
provide for the licensing of businesses.
ORDERED on the m3tion Of Alderman Cuegs, seconded by Alderman Keighan, that
the report be received and filed and a copy sent to the Chamber of C~m~_rce.
Carried Unanimously.
No. 810 - Chief Administrative Officer - Re: Armstrong Cable T.V. Installations
at Rear of #2 Fire Station McLeod Road. The report recommends that permission
be given to Armstrong Cc~cations to install an underground service at the
rear of our No. 2 Fire Station, McLeod Road, Niagara Falls.
ORDERED On the noLion of Alderman Cuegs, seconded by AlderRk3n Janvary, that
the report be received and adup~ed. Carried Unanimously.
In respDnse to concern raised by Alderman C~,~ngs regerding the structural
stability of the Stamford Me~Drial Arena roof, the Chief Administrative Officer
advised that arrangenents had been made ~rith the City' s consultant to have the
building monitored aa~ ly, particularly whe~ there was any amount of snow load on
the roof. The Director of Buildings & Inspections indicated that in addition to
daily n~toring, whenever the snc~ load on the building reached 50% of ~nat it
can hold under current standards, the building will be vacated.
With respect to By-law 82-295, Alderman Janvary asked that she be shown as
a full n~r and not an altarnata to the Planning & Develo[ment Co~ttee. It
~as ~3ved by Alderman Hinsperger, seconded by Alderm~n Baker, that Alderman
Janvary be ap[ointed as a full menbet of the-Planning & DeveloFment Co~ttee.
Carried Unanimously. ~
ORDERED on the motion of Alderman Chees~an, seconded by Alderman Hinsperger,
that leave be granted to introduce the following. by-laws, and the by-laws be
read a first time:
82-295 - A By-law to provide for a~intments to various Boards, C~sions
and Cc~aittess.
82-296 - By-law to authorize the construction of certain works as local
improvements under Sectic~ 12 of The Local Improvement Act.
82-297 -A By-law to provide for an appointment to the Local COuncil of Wa~-en.
82-298 - A By-law to authorize an agreement with W.P. L0~don & Associates
Limited.
82-299 - A By-law to authorize an agreement for the c~nstructio~ of repairs ~o
the Stamford Memorial Arena.
82-300 - A By-law to allow the m~intaining and using of a building which
encroaches on Hickson Avanue.
82-301 - A By-law to allow the m~intaining and using of a building Which
' " e~croaches on Hickson Avanue.
82-302 - A By-law to provide .~ies for ge~aral purgoses.
82-303 - A By-Zaw to authorize a release.
-5-
82-304 - A By-law to authorize a release.
Carried with Aldermen
Cun]nings and Janvary
abstaining ~1 82-302,
Alderman Keighan
voting contrary o~
82-302, and all others
voting in favour.
ORDPIRED on the nDtion of Alderman Cheesman, seconded by Alderman C~mlings, that
the following by-law be read a second tj3ne:
82-296 - By-law to authorize the construction of certain works as local
improvements under Section 12 of The Local In~orovement Act.
Carried Unanb~ously
ORDERED on the reotion of Alderman Alderman Kerrio, seconded by Alderman
Cheeeman, that the following by-laws be new read a second and third time:
82-295 - A By-law to provide for appointments to various Boards, Conmissions
and C~L,,attees.
82-297 - A By-law to provide for an appointment to the Local Council of Women.
82-298 - A By-law to authorize ~] agreement with W.P. London & Associates
Limited.
82-299 - A By-law to authorize an agreement for the construction of repairs to
the Stamford Memorial Arena.
82-300 - A By-law to allow the maintaining and using of a building which
encroaches on Hickson Avenue.
82-301 - A By-law to allcw the maintaining and using of a building which
encroaches on Hickson Avenue.
82-302 - A By-law to provide monies for general purposes.
82-303 - A By-law to authorize a release.
82-304 -
A By-lawto authorize a release.
Carried with Aldermen
Cumgs and Janvary
abstaining on 82-302,
Aldez]~an Keighan
voting contrary on
82-302, and all others
voting in favonr.__
N~NBUSINESS
APPOE TO NIAGARA REGIONAL DEVELOPMENT CORPORATION
C~l~unication No. 417 - Business & Industrial Growth Agency Inc. - Re:
~43point/ment to Niagara Regional DeveloEFaent COrporation. The communication
requests support of an application by Mr. J. Graham for aUpointment to the
Niagara Regional DevelcTment COrporation, filling the vacancy created by the
resignation Of Mr. D. Cronin.
Alderman Cummings suggested that a letter of thanks be sent to Mr. D.
Cronin and his wife in recognition of their contributions and pest service to
the c~,,~anity.
O~DERED on the .D~ion of Alderman Merrett, seconded by Alderman Janvary, that
Council support the appointment of Mr. Graham to the Niagara Regional
Devel~,~t Corporation. Carried Unanimously.
ORDERED on the .Dtion of Alderman Ctmegs, seconded by Aldemnan Chessman, that
a letter Of thanks be sent to Mr. and Mrs. D. Cronin for their many services and.
(xmtributic~s to the c~ty. Carried Unanimously,
-6-
PARKING ON COLBORNE STREET
In response to a question raised by Alderman Cunmtings, the Traffic and
Construction Engineer advised that an ordeE had been sent out directing crews to
remove the no parking signs on Colborne Street, and that the signs should have
been down by the Wednesday follc~ing the last Council meeting. It was further
advised that the street would be checked the next morning to e~sure that the
signs had been reDved-
Alderman Cummings advised that he had received a call frc~ persons using
the Walnut Street Fire Hall Theatre building regarding leaks in the roof and
certain electrical problems. The Director of Buildings & Inspections advised
that he would check into the m~tter.
Hayor Thcmson extended best wishes to the menbets of Council ~nd staff for
the Christmas' s~on.
It was moved by Alderman Merrett, seconded by Alderman Baker, that the
meeting adjourn. Carried Unanimously.
M~YOR ~AY~M THOMSON